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2001 09 18 CCCi!? 'iotl t 4 40" 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, September 18, 2001 - 2:00 P.M. Beginning Res. No. 2001 -11 1 Ord. No. 362 CALL TO ORDER ROLL CALL: Council Members: Adolph, Henderson, Perkins, Sniff, Mayor Pena 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. CLOSED SESSION 1. PENDING LITIGATION - GOVERNMENT CODE SECTION 54956.9(a) - CITY OF ORANGE, ET. AL., V. SAN DIEGO COUNTY EMPLOYEES RETIREMENT ASSOCIATION, VENTURA COUNTY CASE NO. SCO25999. 2. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF ADAMS STREET AND MILES AVENUE. PROPERTY OWNER/ NEGOTIATOR: FAMILY HERITAGE CHURCH OF THE VALLEY, INC. 3. PUBLIC EMPLOYEE PERSONNEL EVALUATION - CITY MANAGER - PURSUANT TO GOVERNMENT CODE 54957. City Council Agenda Page 1 September 18, 2001 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. RECONVENE AT 3:00 P.M. IV. PLEDGE OF ALLEGIANCE 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 Vill. WRITTEN CORRESPONDENCE IX. APPROVAL OF MINUTES - 1. MINUTES OF THE MEETING OF AUGUST 21, 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 SEPTEMBER 4, 2001, AND SEPTEMBER 18, 2001. 2. TRANSMITTAL OF TREASURER'S REPORT DATED JULY 31, 2001. 3. TRANSMITTAL OF REVENUE AND EXPENDITURE REPORT FOR JULY 31, 2001. 4. APPROVAL OF A REQUEST BY THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CaIPERS) TO UTILIZE THE COUNCIL CHAMBERS FOR A FINANCIAL PLANNING SEMINAR FOR RETIREES, OCTOBER 23 AND NOVEMBER 27, 2001, 8:00 A.M. TO 4:00 P.M. 5. APPROVAL TO DISTRIBUTE A REQUEST FOR PROPOSALS TO PREPARE DESIGN PLANS FOR A THIRD CITY FIRE STATION. City Council Agenda Page 2 September 18, 2001 002 XI 6. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PUBLIC WORKS ASSISTANT ENGINEER I TO ATTEND THE BASIC TRAFFIC SIGNAL DESIGN SEMINAR SPONSORED BY THE UNIVERSITY OF CALIFORNIA BERKELEY, INSTITUTE OF TRANSPORTATION STUDIES IN SANTA CLARA, CALIFORNIA - OCTOBER 2-4, 2001. 7. APPROVAL OF CHANGES TO THE TEMPORARY ART DONATION AND ACCEPTANCE AGREEMENT. 8. APPROVAL OF THE ART PURCHASE AGREEMENT FOR THE POINT HAPPY ART FEATURE. 9. DENIAL OF CLAIM FOR DAMAGES FILED BY TERRY LEE - DATE OF LOSS: JUNE 22, 2001. 10. DENIAL OF CLAIM FOR DAMAGES FILED BY MARGARITA SANCHEZ - DATE OF LOSS: JUNE 13, 2001. 11. APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE COUNTY OF RIVERSIDE TO PERMIT A MOBILE HOUSEHOLD HAZARDOUS WASTE (HHW) COLLECTION PROGRAM AT THE LA QUINTA CORPORATE YARD ON OCTOBER 27, 2001 AND AUTHORIZE THE MAYOR TO EXECUTE SAID AGREEMENT. 12. APPROVAL OF REQUEST FOR PROPOSAL PROCESS FOR PROFESSIONAL SERVICES TO PROVIDE MATERIALS TESTING AND CONSTRUCTION SURVEY FOR CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 2000-04, CITYWIDE STREET AND SIDEWALK IMPROVEMENTS. 13. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29053-1, RENAISSANCE. 14. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 29288, FIRST SCHOOL OF THE DESERT. 15. APPROVAL OF A CORPORATE CASH MANAGEMENT ACCOUNT AGREEMENT WITH WELLS FARGO BANK. 16. APPROVAL OF A CULTURAL SYMPOSIUM PROPOSED BY THE CULTURAL ARTS COMMISSION TO BE HELD NOVEMBER 3, 2001. BUSINESS SESSION 1. CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH WARNER ENGINEERING TO PREPARE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE COSTS FOR THE HIGHWAY 111 SIDEWALK ADJACENT TO POINT HAPPY. A. MINUTE ORDER ACTION 2. CONSIDERATION OF THE CIVIC CENTER CAMPUS ACKNOWLEDGMENT AREA CRITERIA. A. MINUTE ORDER ACTION City Council Agenda Page 3 September 18, 200903 3. CONSIDERATION OF AN APPOINTMENT TO THE CHAMBER OF COMMERCE INFORMATION EXCHANGE BI-MONTHLY WORKSHOPS. A. MINUTE ORDER ACTION 4. CONSIDERATION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29894-2, COUNTRY CLUB OF THE DESERT, NRI-CCP I, A DELAWARE LLC. 5. CONSIDERATION OF SECOND READING OF ORDINANCE 359 REPEALING CHAPTER 5.32 OF THE LA QUINTA MUNICIPAL CODE (MASSAGE BATHS AND SIMILAR BUSINESSES), AND ADOPTING THE COACHELLA VALLEY MODEL MASSAGE ORDINANCE FOR THE CONSISTENT REGULATION AND RECIPROCAL PERMITTING OF MASSAGE THERAPY BUSINESS ACTIVITIES WITHIN THE COACHELLA VALLEY AS CHAPTER 5.32 OF THE LA QUINTA MUNICIPAL CODE. A. WAIVE FURTHER READING AND ADOPT ORDINANCE NO. 359 6. CONSIDERATION OF SECOND READING OF ORDINANCE 360 AMENDING CHAPTER 11.44, SECTION 11.44.060 OF THE LA QUINTA MUNICIPAL CODE (PARKS AND RECREATION AREAS) RELATIVE TO THE USE OF BARBEQUES AT PUBLIC FACILITIES. A. WAIVE FURTHER READING AND ADOPT ORDINANCE NO. 360 7. CONSIDERATION OF A CORRECTION TO SECOND READING OF ORDINANCE 361 - SECTION 9.22.110 (d) - NOTICING REQUIREMENTS. A. CONSIDER PROPOSED CORRECTION B. WAIVE FURTHER READING AND ADOPT ORDINANCE NO. 361. XII. STUDY SESSION 1. DISCUSSION OF PLACING A SPECIAL TAX FOR PUBLIC SAFETY ENHANCEMENTS ON THE MARCH 5, 2002 BALLOT. XIII. REPORTS AND INFORMATIONAL ITEMS 1. CVAG COMMITTEE REPORTS 2. CHAMBER OF COMMERCE WORKSHOP/INFORMATION 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 (HENDERSON) 8. MUSEUM EXPANSION COMMITTEE (ADOLPH/SNIFF) 9. PALM SPRINGS DESERT RESORTS CONVENTION AND 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) 004 4 City Council Agenda Page 4 September 18, 2001 14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) 15. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) 16. MINUTES OF PLANNING COMMISSION FOR AUGUST 28, 2001 17. MINUTES OF THE INVESTMENT ADVISORY BOARD MINUTES OF JULY 19, 2001 18. MINUTES OF HISTORIC PRESERVATION COMMISSION FOR JULY 19, 2001 XIV. DEPARTMENT REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DIRECTOR A. MONTHLY REPORT FOR AUGUST, 2001 5. COMMUNITY DEVELOPMENT DIRECTOR A. MONTHLY REPORT FOR AUGUST, 2001 6. COMMUNITY SERVICES DIRECTOR A. MONTHLY REPORT FOR AUGUST, 2001 7. FINANCE DIRECTOR 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER A. MONTHLY REPORT FOR AUGUST, 2001 9. POLICE CHIEF A. MONTHLY REPORT FOR AUGUST, 2001 10. FIRE CHIEF XV. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING HUMANITARIAN SUPPORT FOR VICTIMS IN NEW YORK AND THE PENTAGON - REQUESTED BY MAYOR PRO TEM SNIFF. 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 XVIII. PUBLIC HEARINGS 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 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-418, AND A City Council Agenda Page 5 September 18, 2001 005 REQUEST TO CHANGE THE ZONING DESIGNATION TO LOW DENSITY RESIDENTIAL (ZC 2001-100) AND THE GENERAL PLAN DESIGNATION TO LOW DENSITY RESIDENTIAL (GPA 2001-077) 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. A. ADOPT RESOLUTION(S) NOTE: THERE HAS BEEN A REQUEST TO CONTINUE THIS PUBLIC HEARING TO NOVEMBER C, 2001. 2. PUBLIC HEARING ON TENTATIVE PARCEL MAP 28334 AMENDMENT #2 AND SITE DEVELOPMENT 97-608, AMENDMENT #1, TO AMEND CONDITIONS OF APPROVAL PERTAINING TO REQUIRED OF -SITE STREET IMPROVEMENTS ON EISENHOWER DRIVE FOR PROPERTY LOCATED ON THE EAST SIDE OF EISENHOWER DRIVE, APPROXIMATELY 220 FEET SOUTH OF AVENUE 50. APPLICANT: KSL RECREATION CORPORATION AND ITS ASSIGNS. A. ADOPT RESOLUTION(S) 3. PUBLIC HEARING ON TENTATIVE TRACT MAP 30125 TO ALLOW THE RECONFIGURATION OF 21 RESIDENTIAL LOTS TO ENCOMPASS ORIGINALLY APPROVED OPEN SPACE LOCATED AT THE SOUTHEAST CORNER OF EISENHOWER DRIVE AND AVENUE 50. APPLICANT: KSL LAND CORPORATION. A. ADOPT RESOLUTION(S) 4. PUBLIC HEARING TO AMEND THE SPECIFIC PLAN TO ALLOW PARKING LOT LIGHTING FIXTURES INSTEAD OF BOLLARD LIGHTING SO AS TO MEET THE CITY'S ZONING CODE PARKING LOT LIGHTING STANDARDS. APPLICANT: LA QUINTA ARTS FOUNDATION. A. ADOPT RESOLUTION(S) XIX. ADJOURNMENT - To a special meeting of the City Council to conduct a joint Public Hearing with the Planning Commission at 7:00 P.M. on September 19, 2001, in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. Adjourn to a special meeting of the City Council to be held jointly with the City's Boards, Commissions and Committees at 4:30 P.M. on September 25, 2001, in the Session Room of the City Hall, 78-495 Calle Tampico, La Quinta, CA 92253. Next regularly scheduled City Council Meeting will be held at 2:00 P.M. October 2, 2001, in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. 006 City Council Agenda Page 6 September 18, 2001 DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of September 18, 2001, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Stater Bros. 78-630 Highway 111, on Friday, September 14, 2001. DATED: September 14, 2001 . GREEK, 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. 007 City Council Agenda Page 7 September 18, 2001 (:::ii!? ,i,t,9�44Q" COUNCIL/RDA MEETING DATE: SEPTEMBER 18, 2001 ITEM TITLE: Demand Register Dated September 4, 2001 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR I STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated September 4, 2001 BACKGROUND: Prepaid Warrants: 46448 - 464671 69784.26 46468 - 464761 48,104.92 46477 - 464791 2,777.10 46480 - 464811 61,119.00 46482 - 464871 139584.30 46488 - 464921 115915.36 Auto Mall Cks} 779660.14 Wire Transfers} 41)241,845.86 P/R 7383 - 74501 9204.47 P/R Tax Transfers} 269292.04 CITY DEMANDS $197769989.00 Payable Warrants: 46493 - 466181 716,827.51 RDA DEMANDS 39522,725.96 $5529%714.96 $5,2991714.96 FISCAL IMPLICATIONS: Demand of Cash - City $1,776,989.00 . Falconer, Finance Director 11' CITY OF LA QUINTA AUTO MALL BANK ACCOUNT TRANSACTIONS 8/1/01 - 8/28/01 CHECK # 1034 STAMKO DEVELOPMENT 1035 NICKERSON & ASSOC TOTAL TRANSACTIONS $76,722.64 $937.50 $77,660.14 nnq o�� CITY OF LA QUINTA BANK TRANSACTIONS 8/15/01 - 8/28/01 8/17/01 WIRE TRANSFER - DEFERRED COMP 8/17/01 WIRE TRANSFER - PERS 8/17/01 WIRE TRANSFER - CREDIT UNION 8/24/01 WIRE TRANSFER - RDA ESCROW 8/24/01 WIRE TRANSFER - DEBT SVC PAYMENT - ASSESSMENT DISTS 8/24/01 WIRE TRANSFER - DEBT SVC PAYMENT - RDA 8/27/01 WIRE TRANSFER - RDA ESCROW TOTAL WIRE TRANSFERS OUT $5,584.87 $8,722.35 $5,197.00 $65,000.00 $733,402.50 $3,358,939.14 $65,000.00 $4,241,845.86 010 0�!3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 3:42PM 09/04/01 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.*** 46493 09/04/01 &01524 CALIFORNIA POOLS & SPAS 27.00 46494 09/04/01 &01525 LAUREL COSBIE 38.00 46495 09/04/01 &01526 RICHARD COSBIE 38.00 46496 09/04/01 &01527 JOSH HANKEN 100.00 46497 09/04/01 &01528 ANGELA LA SALLE 45.00 46498 09/04/01 &01529 YOUNGSHIN RIDDLE 76.00 46499 09/04/01 &01530 MATTHEW SALISBURY 38.00 46500 09/04/01 &01531 TYLER SALISBURY 38.00 46501 09/04/01 &01532. BENA SLAVIN 4.00 46502 09/04/01 &01533 KIM FISCHER 90.00 46503 09/04/01 &01534 PURRFECT POOLS & CONST 184.80 46504 09/04/01 AAA100 AAA SEASONS 5630.00 46505 09/04/01 ABL001 ABLE RIBBON TECH 133.89 46506 09/04/01 ALC050 BOB ALCALA 80.50 46507 09/04/01 AME016 AMERICAN PLANNING ASSOC 90.00 46508 09/04/01 AME200 AMERIPRIDE UNIFORM SVCS 58.27 46509 09/04/01 APW100 APWA 100.00 46510 09/04/01 ASCO01 A & S COFFEE SERVICE 146.00 46511 09/04/01 AVA100 AVAYA INC 1785.33 46512 09/04/01 AZT200 AZTEC RENT -A -CAR 113.50 46513 09/04/01 BAN150 BANK OF NEW YORK 1873.72 46514 09/04/01 BER150 BERRYMAN & HENIGAR INC 14226.13 46515 09/04/01 BES100 BEST BUY CO INC 1660.26 46516 09/04/01 BI0100 BIO TOX 293.90 46517 09/04/01 BRI100 BRINKS INC 306.00 46518 09/04/01 CAD010 CADET UNIFORM SUPPLY 7.08 46519 09/04/01 CAL035 CAL PRESERVATION FOUNDATN 92.00 46520 09/04/01 CAR120 CARDIO ALERT INC 1500.00 46521 09/04/01 CDW050 CDW GOVERNMENT INC 2530.20 46522 09/04/01 COA073 COACHELLA VLLY RECREATION 1500.00 46523 09/04/01 COM007 COMPAQ COMPUTER CORP 15759.54 46524 09/04/01 CON005 CONEXTIONS 999.31 46525 09/04/01 CON015 CONRAD BUSINESS SVC INC 3500.00 46526 09/04/01 C00050 J P COOKE CO, THE 43.15 46527 09/04/01 COR150 CORPORATE EXPRESS 2021.09 46528 09/04/01 COS050 COSTCO BUSINESS DELIVERY 460.43 46529 09/04/01 COU010 COUNTS UNLIMITED INC 225.00 46530 09/04/01 CVA010 C V A G 2384.75 46531 09/04/01 DAN200 DANONE WATERS OF NORTH 280.85 46532 09/04/01 DEP009 DEPT OF CRIMINAL JUSTICE 175.00 46533 09/04/01 DESO40 DESERT JANITOR SERVICE 4753.50 46534 09/04/01 DES060 DESERT SUN PUBLISHING CO 2674.71 46535 09/04/01 DES065 DESERT TEMPS INC 14518.20 46536 09/04/01 DES300 DESERT WILLOW GOLF RESORT 1000.00 46537 09/04/01 DET100 TERRI DE TAMBLE 221.47 46538 09/04/01 DOU200 LES DOUGLAS 154.00 46539 09/04/01 DRE100 DRESCO REPRODUCTION INC 169.04 Oil 0 4 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 3:42PM 09/04/01 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK NUMBER CHECK DATE VENDOR NO. NAME PAYMENT AMOUNT 46540 09/04/01 DUN100 DUNCAN PRINTING 50.00 46541 09/04/01 EIS010 EISENHOWER IMMEDIATE CARE 140.00 46542 09/04/01 ELRO10 EL RANCHITO 310.00 46543 09/04/01 EQUO10 DALE EQUITZ 50.00 46544 09/04/01 EVA050 DAVID EVANS & ASSOC INC 2094.13 46545 09/04/01 EXP200 EXPRESS DETAIL 850.00 46546 09/0,4/01 FAL100 FALCON ASSOCIATES, INC 90.00 46547 09/04/01 FED010 FEDERAL EXPRESS CORP 309.78 46548 09/04/01 FIS050 FISHER BUSINESS SYSTEMS 593.41 46549 09/04/01 GAT020 GATEWAY COMPANIES INC 6714.73 46550 09/04/01 GRA010 GRANITE CONSTRUCTION CO 466665.88 46551 09/04/01 GUM050 BRAD GUMMER 500.50 46552 09/04/01 HAR010 HARRIS & ASSOCIATES 13894.50 46553 09/04/01 HAR100 JOHN HARDCASTLE 700.00 46554 09/04/01 HOA010 HUGH HOARD INC 226.50 46555 09/04/01 HOM030 HOME DEPOT 1035.55 46556 09/04/01 H00050 FAYE HOOPER 75.00 46557 09/04/01 INF030 INFORMATION RESOURCES 250.00 46558 09/04/01 JAS100 JAS PACIFIC 10349.00 46559 09/04/01 JIF100 JIFFY LUBE/AFMS 44.15 46560 09/04/01 JOB020 JOBS AVAILABLE INC 156.40 46561 09/04/01 JPRO10 JP REPROGRAPHICS 1229.15 46562 09/04/01 KEI010 KEITH COMPANIES 420.85 46563 09/04/01 KOR050 KORVE ENGINEERING, INC 105.00 46564 09/04/01 KRI100 BRUCE KRIBBS CONSTRUCTION 5844.00 46565 09/04/01 KSL052 KSL DESERT RESORTS INC 40.00 46566 09/04/01 LAB100 LAB SAFETY SUPPLY INC 741.40 46567 09/04/01 LAQ008 LA QUINTA ARTS ASSOC 4000.00 46568 09/04/01 LAQ010 LA QUINTA ARTS FOUNDATION 15000.00 46569 09/04/01 LAQ300 LA QUINTA MEALS ON WHEELS 2300.00 46570 09/04/01 LIE050 LIEBERT CASSIDY 3000.00 46571 09/04/01 LUM100 LUMPY'S DISCOUNT GOLF 100.00 46572 09/04/01 LUN050 LUNDEEN PACIFIC CORP 978.22 46573 09/04/01 MCDO10 MC DOWELL AWARDS 17.64 46574 09/04/01 MEE100 WAYNE MEEDS 75.00 46575 09/04/01 NAT025 NATIONAL NOTARY ASSOCIATI 25.00 46576 09/04/01 NAW010 RON NAWROCKI 4500.00 46577 09/04/01 NIC101 NICKERSON & ASSOC INC 9682.00 46578 09/04/01 OFF005 OFFICE DEPOT INC 318.04 46579 09/04/01 OWE020 OWEN & BRADLEY 14.50 46580 09/04/01 PAC045 PACIFIC ENGINEERING SUPLY 45.95 46581 09/04/01 PAL005 CITY OF PALM DESERT 3117.54 46582 09/04/01 PAR125 RACHEL PARRISH 805.00 46583 09/04/01 PET200 P F PETTIBONE & CO 506.22 46584 09/04/01 PIC100 PICKENS FUEL CORP 8.57 46585 09/04/01 PIT020 PITNEY BOWES 220.38 46586 09/04/01 PLA050 CHRISTOPHER PLATAMONE 546.00 46587 09/04/01 POW100 POWERS AWARDS 82.48 46588 09/04/01 PRE015 THE PRESS -ENTERPRISE CO 3204.11 012 0 u 5 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 3:42PM 09/04/01 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 46589 09/04/01 PRI020 THE PRINTING PLACE 772.93 46590 09/04/01 RAL050 RALPHS GROCERY CO 55.71 46591 09/04/01 RAS020 RASA - ERIC NELSON 3970.00 46592 09/04/01 RIV080 RIVERSIDE COUNTY HEALTH 50.00 46593 09/04/01 RIV100 RIVERSIDE COUNTY SHERIFFS 18430.00 46594 09/04/01 RIV101 RIV COUNTY SHERIFF/INDIO 1019.70 46595 09/04/01 RIV109 RIV COUNTY SHERIFF PISTOL 1500.00 46596 09/04/01 RIV130 RIVERSIDE CNTY PURCHASING 117.80 46597 09/04/01 RMC100 RMCS 1500.00 46598 09/04/01 ROS010 ROSENOW SPEVACEK GROUP 17434.82 46599 09/04/01 SAX100 SAXON ENGINEERING SERVICE 5320.00 46600 09/04/01 SHAO10 SHADOW PALMS GARDENING 150.00 46601 09/04/01 SHU050 SHUTTER WISE 115.00 46602 09/04/01 SMI150 MALCOLM SMITH MOTORSPORTS 1015.30 46603 09/04/01 SOU007 SOUTHWEST NETWORKS, INC 5403.75 46604 09/04/01 SUN080 SUNLINE SERVICES GROUP 370.08 46605 09/04/01 SWA100 AMY SWAN -DRAPER 44.80 46606 09/04/01 SYC100 SYCAMORE MINERAL SPRING 290.00 46607 09/04/01 TAG100 TAG/AMS INC 120.00 46608 09/04/01 TRU010 TRULY NOLEN INC 160.00 46609 09/04/01 UNI100 UNITED PARCEL SERVICE 84.95 46610 09/04/01 UNR100 UNRUH TECHNOLOGIES INC 2496.00 46611 09/04/01 USPO10 U S POSTMASTER 1140.00 46612 09/04/01 VON010 VON'S C/O SAFEWAY INC 23.96 46613 09/04/01 WES009 WEST COAST TRANSPORTATION 525.00 46614 09/04/01 WISO10 WANDA P WISE-LATTA 42.87 46615 09/04/01 WO0100 DEBBIE WOODRUFF 514.50 46616 09/04/01 WOR150 WORLD DEVELOPMENT INC 1689.18 46617 09/04/01 XER010 XEROX CORPORATION 4098.96 46618 09/04/01 YOU100 YOUNG ENGINEERING SERVICE 4200.00 CHECK TOTAL 716,827.51 013 0 U 6 z Q M c' Ln tD r O, M O N M ra N a H 0 z 0 a 0 � rf x ON O w ('j U H Q N N m N N CD N N co N N 00 N N OD N N OD N N CD N N OD N N CO N N O N N co N N OD N N co r N O r N OD a Q a m E4 H H H H H H H H H H H H H H �o 0 •• M H 0 O O O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O O O o O 0 O z W 1: E+ z 5 r N OD M co M o .-4 O rti O c' o c .n c' CD M co r'1 m (n Co M c O m m O >4 Q O • � a O o O O 0 0 0 0 O 0 O 0 O 0 O o O O 0 o of r� a N w 0o M 00 M o O ra vi c ll� r C0 M Co m a 0: w c o O1 w U z > O E E W E W E > O x Q U H H H H H H H H H H H H H H W W E H H w a a Q a a a Q Q a Q a Q a u a vmi a w z a Q H > w Q H > w Q H cn cn cn W Q E. cn Q H > w > Q w H > w Q H > w Q H H a Q H x Q H a W O H 0 O O H O O H H O O H Q Q Q Q O H to Q O H H D H O O H H D O E-+ H 0 O H C7 O H H O O H C7 O U "a H a ma w z z w z az a U a U a U a U w a U x w x w E a W E a w X a 0 ❑ w 0 >• a a m O > H w O ❑ 0 ❑ O 0 -, 0 O 0 0 0 0 0 O 0 ❑ O 0 0 O 0 0 0 O 0 0 O 0 0 O 0 0 O 0 0 z H U �n z z m w z m z w z m z w z m z m z m z m z w z m z w z m z z o w z m z w z m z w z m z w z m z W z m w ❑ c... > w w> w U. 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 a x x a rz w a rz a s a a oc a a U H 0 W ❑ • a w r N r, > z 1 > z m x rn 00 rn rr r M r-I N 1-4 r O, 1�0 rn . i O O 0 N OD N r 1 O H ❑ H 1--H m z N .-i N ri N .-4 N ri m —1 M —4 M H N r-1 N r-1 M r-i m -4 N O M -4 ON ❑ H ,Y, .-� -1 i H H ri H —4 .--1 ri . 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In U 0 z U z a a a z w z W w z z H co W p F F W 04 W H H W z W (4 > z z z> O> o 0> a> U) H H H z U U n. W Lc/ U W M N H 0 a O C' 0 w c M Un N H 0 F-i Q� M M H z C UO OD 1-4 ox M O O O a a W as a 1 O 0 w F a N N N I- c, c W 01 m m O O Ul Lf) V) M lD w 01, 0) ON M 01 01 z O O O C O O F z N N N O M M O O O O O u') LO O N N N O Q O O O O O O -4 -4 1-4 ri r♦ -4 U z H E4 z 44 E" E14 w I" w w 0 o a a 0 0 0 0 00 0 > 3 3 3 W W W W H H H (] co m co a ao m w a w w w O 0 0 0 3 O o O O O O o an ri r1 r-4 r, O O 0 a O O O O 3 3 3 3 1` qT U'I LO O �D IT N M r-1 O ri W U H > a W U z H a w W z H c� z W c� z 0 0 >• O O ,q D 0 >4 r4 Ul rr N co a Q F O F F z W E >4 a a 9, 020 022 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 46488 09/04/01 COA080 COACHELLA VALLEY WATER 46489 09/04/01 PAL011 PALM SPRINGS AIR MUSEUM 46490 09/04/01 ROB200 SCOTT ROBERTSON 46491 09/04/01 STE009 HEINZ H STEINMANN 46492 09/04/01 VER200 VERIZON CHECK TOTAL 10:37AM 09/04/01 PAGE 1 PAYMENT AMOUNT 107.76 117.00 178.50 9000.00 2512.10 11,915.36 030 L, J Z O Q f.L' C; F Z O v rn U O W F E E E E E E c� a w w w w w w w w w w a co F F CH F F F F F F F M M •• r o m O O O M �o co M l0 O F M O M O Lr) O Lr) O U1 m M Z F . W Z �n M rn r Co O o rn W M x O r r O r M 110 (M >4 O O M 01 4 m N a � 0 0 o O r o LO o .4 r r Co O O N ,a o -4 r o x r 1 r>r 1-4 r-I o a U-) E. m N O GY. F W �l E-F H 'z E w a a a a F o a >>4 O 0 0 °i 0 0 0 0 w H F GL F cz F a F H F O F U U U O O C7 UUPO H a > > > rz O a F a 0 a >> U H a 0 H cn cn 0 0 F O U O cz 0 cn cn x F 0 > a o o z o a 0 a Q o z U w a a z a Z a z z w w F 0 z cn w w w w o w F W CLIW z z m H w w F F F> o> cn > H> 0 0 z a> I o Q Q a z a x x O cz E 3 3 3 u H U a a U H a W E" H H o a CC) 0 r1-4 N a 0 w c (M (Y) m LO > I > CQ r-i l0 W r4 l0 l0 N 14 z z x o 0 o M rn 0 ,1 Im D e r r c LO r r I H z o 0 0 %o r r rr O H JG LO r r r F Q z a FE m w m a I 0 0 w F 0: N o O O N o O 0 O N W cM O O O m O O O O M ca O O O L O O O 0 l0 -i M Ql N Lr) Lr) M ,--4 Z M M cn O O M f"1 O m k.0 ko k.0 r �o �o I'o F z c N N cV N N M M v c O U') O o O O O N L r Lf1 OU w N N N N Ol r-1 l0 V Q o O o O O 0 o O 0 0 E a a a 0 w w w w F F F to O z C) >+ >+ >+ fz z U-)w w (4 H z Q a a a a Q 0 x co z Q Q Q (n E-4 H I > > > c7 a w W a a z a a 0 m H a .a a a cz x z z z z o, cn 0 0 0 0 FCC a U U U x EF. z H H H. a FC 0 Q Q Q 4 0 H w% w w a o O O O > > > z 0 > 0 0 0 .-q o rn 0 0 0 0 D 0 ao ao ,-f o 0 0 0 0 0 0 >+ 0 0 0 O N o N N N N O F Q<< a an w a w x Iz U ►-+ O O O Q O F W W W W Q U U U U a a v> > > > > 031 0�l4 w ACCOUNTS PAYABLE — AP5005 CHECK REGISTER 09:19AM 08/30/01 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.*** 46482 08/30/01 AUT050 AUTOMOBILE CLUB OF 454.00 46483 08/30/01 BAK010 FRED BAKER 173.45 46484 08/30/01 CAL161 CA PARK & REC SOC DIST XI 25.00 46485 08/30/01 END051 ENDICOTT ENTERPRISES 117.15 46486 08/30/01 HOF100 HOFFMASTER 106.35 46487 08/30/01 STA010 STAMKO DEVELOPMENT 12708.35 CHECK TOTAL 13,584.30 '+ N M v Ul) �p r qz LG � E z H O 0 M a a4 E E E E E E E 0 0 O o Ln 0 u-) Un Ln O 01 E O O Q O M M M O z E W z r r Co c E O N N r N .-i O O CO >4 O N N .-a H 1-4 r Ln a � (n o u0 V) �n 0 c 0 H M M c M Ll r 1� O a Ln r E N 0 0 r H W W 0 U)OE z a Q E w w a cn o w w 0 0 a a a z a a a >4 U U < < FC < < < < < z E-H E z E 3 E E E E a O O O O O Q O O W O W H a a E E H E E+ E w E w < < E 0c x �U-+ x a O H w w o w 0 0 0 0 w 0 EEn 0 > 0x Z z 0 00 E 0 E 0 H 0 0 z U H z Q z cn z z a z cn z H M a a w w w ►•a w EL4 w na w w o a a> a> > o> > > wH O w Z Z W E AID H C] Fi =) pp ' �+ z M o o H aG H E < z a < w W O a i O O [u E a 0 0 0 0 0 o M w o 0 0 0 0 0 Lrn 0 0 0 0 0 0 Lrn z M M C M O O O r r E z N N M N r O O O O U-) Ln 0 m 0 qw a Q N N N �O Q O O O O O O O ri r-1 r-1 ri r-1 r-1 Q H x E H Vi n w M W 44 0 O O O O OG W Ln ao a1 cn a E a o 0 a .a U w 0 U U W E-, . a i H a s w w x w w w w ro H w E o x F cn a °4 >>• E E a U x a 0 OE OE W °i rC 0 w H C. i W < Q [a U W x (En z 0 > 0 0 0 o 0 >+ 0 o o a U H M Q Q z O F Q U Q< W U W x cn 033 0"6 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 46480 08/24/01 CAL045 CALIF REDEVELOPMENT ASSOC 46481 08/24/01 DCT100 DC & TC LLC CHECK TOTAL 3:17PM 08/24/01 PAGE 1 PAYMENT AMOUNT 7352.00 53767.00 61, 119.00 034 z N M c rI EGG: O E-+ z 1-4 cr N r4 x m U a a m E• E- E• E• E" rn 0 • 0 0 0 0 0 M EF O O O O O Z E- W Z O O lD %D t� x O Lr) Ln N N lD >+ 0 aD m m m r a ,n 0 0 0 0 N [� ur) 1p M � f� M Z H x O O O w H a, a, a, a E+ U) [-• U E-+ H H H H W H a s x x x rx w a > a a a a a o 0 0 Z U W W W w Z E" Z H fn f� !11 LT] fY1 w < w w x> 0 w w w> w t� H 0 p: 0 w > i > ao z z m H Z 0 � a a at w w x 1 0 O Ga E+ a o 0 0 0 0 w 0 0 0 0 r EO O o O lD o m m m m u) z v c v c O E-4 Z N m N w cv O O O O O aD O rn rn rn rn U U Ln uO tD w Q O c O c O v N c N c U U U U O O O O a a < a M z z z z O W W W W O E E E u-) a a a a a 0 0 0 0 < a a a a > > > > U WE 0 0 0 0 a a z a a a u �" >• a w w w w a� 0 aaaa F w W U U U U Z 0 > 0 LO uO uO O O c c c c O oM aaaa H U < U U U U Im 0 H Q a w im Q E� 03� 0 Gr 8 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:14AM 08/24/*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.*** 46477 08/24/01 PET005 CASH/PETTY CASH 155.41 46478 08/24/01 WEL025 WELLS FARGO BANKCARD 1060.86 46479 08/24/01 XER010 XEROX CORPORATION 1560.83 CHECK TOTAL 2,777.10 036 0�9 Z In w r m m O1-4 N m C - N M C' uO 9 O ri -4 -4 -4 r♦ . � H Z O c N \ ri m U C7 (7 C� C7 C7 C� C� C7 C7 C7 C� C7 C� (7 C7 O W H E E E E E E E E E E £ E E c� a w w W W W w w w w w w w w w w F, a m H H H H H H H H H H H H H H H O o In rn M o o o o o cT �o O r M M O H O -r M cV l0 O c m O c c N m N OD Z H W z tD N r� M M 4 r4 to N Ln r ao 01 O r 1 -1 OD r 1 M OD '+ O Ln N !O ri lD M a OD QD to O O U o Ln x x x x x x x x x x U U U U U U U U U U X X W W H H H H H H H H H H a u C7 a a H H H E+ H H H H H H Q z z < Q z W W W W w W W w w W H H H H W H O w w a a a a aw a w w 0 CW O W W w X Q 0 U H w w w w w w W w w w W W w w H a (n to U) cn to to (n il) to Cn cz E ' E Cn a a z O H a x x a x x a a a a 0 u W O O > GY. .7 .7,, r7 .7 .7 .7 D M a a a Z 1-i M W. a z U m m no m m m m m m m z w W H a z W z "u) E E E E E E E E E E w > >. H a w H W W H H H H H H H H H H > > 04 > W W W W W W W W W W W z W O O to W r=1 a a a a x a a a x o: H H E M U ,--� ,--i •-+ ,� r IU-I O a lD l0 �D �O N OI > in 01 m m m N z F-1 z H E =) .D Q' I-D IT %.D Q' .D C' r, r H z N (V N N r a Q m w m a I O O 44 H a' N O O O O O O O O O O O O O v w N O O O O O O O O O O O O O O m w O O O O O O O O O O O O O lD E Ln r -1 r-I M M r .-1 r M z O cw N O O O M O M O M M M O O H z M M N N N M r-1 ri N N 1-1 N v r-I M O O Ul O O O un un an to u1 O O O O In O .-+ r-4 N N N N c v' -r qw -4 ri -4 '4 U r-1 r-1 r 4 r-1. ♦-4 r 4 r-i r 4 r l r-1 r-4 1-1 1-1 .-i Q O O O O O O O O O O O O O O 1-4 O r-I ri "I r4 "I T--i ri r-I r-1 ri r-i 1-1 r-I e-q ri M Q OctFL O U U U U z O x x �C x x x x x x x Z Z Z Z a cn cn cn cn cn cn �n cn cn u) Q r>: FC Q Q U U U U U U m m m m Q U U U U rY �C >4 >• �» >• >• >4 >+ >+ 0 0 0 0 aO W H H E-F E� H H H H E-E H H a s a oG a a z H H H E-F H H H H H E+ Q rC r>r Q O m H W W W W W W W W W W 4u 44 W fs. U Q m >+ 0' a a a a a a a, a a a cn rn rn U) X rS rx x x x x x x x x x x a a a a 0 a FC O cn cn rn rn cn M v) rn Un U) a a a a a a 0 Q Q Q a Q Q a Q Q< w w w w w H ra W U U U U U U U U U U 3 3 3 3 X z O > In Ln Un uO Ln Ln In Ln Ln Ln Ln Ln In In O M O O O O O O O O O O N N N N -4 O i1 O O O O O O O O O O O O O O O U H H H H H H H EF H H H a a a a r% U H W W W W W W W w W W w W W W W Q U a4 a aa a as a a a a a 3 3 3 3 X O r r r N a a H O H H z CO E >• Q a I 037 0 .-1U ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:49AM 08/22/01 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.*** 46468 08/22/01 ACE100 JAIME ACEVEDO 65.00 46469 08/22/01 BAN015 DAVE BANG ASSOCIATES INC 18835.59 46470 08/22/01 CES150 CESA COASTAL CHAPTER 325.00 46471 08/22/01 COA080 COACHELLA VALLEY WATER 16206.05 46472 08/22/01 ELRO10 EL RANCHITO 256.18 46473 08/22/01 EXP200 EXPRESS DETAIL 1265.00 46474 08/22/01 LAQ073 LA QUINTA RESORT & CLUB 400.00 46475 08/22/01 LOP050 RAY LOPEZ ASSOCIATES 10400.00 46476 08/22/01 VER200 VERIZON 352.10 CHECK TOTAL 48,104.92 1 0�� z < O ri N Cl) N M cW to tD r m m O .-1 ,� N 1" ('" 7 � v � U) -4 \O r-1 r ri H Z 1-4 O N N Ow F E E E E i E E E E E XXX U CD 0 x E F, Qa 00 F W H W F W H W F W H W F (4 H W H W F W F W F W H W F W F W F W F W F au) (+) F O O 0) U) O O M r lD O N M v. N N m N OD m -+ O O O O O O O O O O O O O O r W x Z 0 N lD M N O cr lD r1 O N r U) O N O M O O O O O O O O c N <0 a x O m ri 01 M O m r-1 r-1 U) N 00 c c c O v O O r4 CD N c r O O U7 lD U) U) M O U) N O o 1-4 lD al O L� Q 3 O O O a O O O OD CC) .-a M N � N N r-4 Q Z Q. � f2: O z w O H �+ W >+ W H U W W 0 O F H a a a a< a 0 E4 a a s a a a w< s H H F< a H U 0 a >> H a x a W Z O I -I U) O (1a H O H W O F O H a F cn H O H H O F z z H 0 F Z . << Z H z H Q H U a H E- H" (z a E-F H z H 0 a I -a a O M 0 a O C~7 w a O U > (n U > m U > cn U > m U > m U > w c>~ O Q a r� O w w w cx O w w (z O a Q w Q< n. (z 0 U > z cz U 00 z z a cD o z (z o z rz a x a (z cz z U z a U a U a U 0 z >- O o z w u a 0 U m o z ry H (� W 0 [. W > ?4 <> W 44 z> W w H w H (...7 H w F w H w H> w Z 0> W x x > a a> W O a O a 0 Z> W I" (n W o w tz a a 0 U a 3 s<< 3 3 3 a< 3 3 O U W > W > w > E w 0 E-+ 0< F a F 1Ui O o rz cn cn cn cn O1 4 Q o z I > z W 0 . 0 H 0 H 0 H O O N v� N 0 m c c cT m M 0 M N H O H x 0 z Li Q > Z Q > 01 < > w < > lD O r O N r M cV U-) M U) M I r-1 O I r-1 O N r O V' 14 r r < a z < w m m 1 a 0 O H w W. W lD M U7 O O O O N M M lD U) 110 N ('M N M O O m Q' m C 01 V' O O M U) m M 0\ !Y1 Q Ln O O lD �D lD tlD lD 0 lD lD lD 0 U) U) U) U) Ln r-1 lD O z M O M M M M M ,4 M r-1 m r M m r-1 0) m r 1 �D U) rn O rn O rn O r N H c k.D lD tD lD �.D tD lD lD z O O O O lD U) \D U) U) M M U) v v' U) T c U) c c U) c cT U) qT vr U) C Cl I O to O U) O U) O k.D U) w U) Ln lD U) V' U < r-I O O O O 1-1 O r-1 O r 1 O O r 1 O -1 O r O O O r O r 1 O r 1 O r 1 O 1-4 0 r-1 r-I r-1 r 4 r-1 U) u ) Ln r-1 C' C' C' r-1 U CA Mo W Cac] a < 3 < 3 Q 3 < 3 < 3 Q 3 U w W W W O H Q a >4 a >+ a >+ a >+ >+ E-1 1--1LO a < 0 12 0 U) cn u a a a a Q a a Q .Wi a Q a a Q a r1 << a " a Q 0 U) w 0 U) co 0 m cn 0 U) cn w < Q > > > > > > 0 F F H w Q a a W a M H z H w U Q (D z < w Q 0 < a a < a a < a a < a a < a a < a a H x U 0 cn 0 m 0 cn < z N aw N N n. < w :) 0 w Im > U co w x w z z w z x U)(n m o+ 0 0 0 0 Q a z ? o u < 0 Q< 0 0 a< F z b 0 w 0 F w > 0 0 U) ri Z 0 U-) 11 0 m O 0 m O 0 m O 0 m O 0 m CD 0 m 0 ri O O o N o 0 N o 0 N M r CD Co U-) Cl 0 Lf) CD 0 tr) O 0 0 N U Q I""I U W U Q < m W U Q< O U O U Q< O U O U Q< O U O U (z a w a x W a x w a x W 01 a a 0 a a 0 a a 0 a (z W > OJL z W m O 1-+ N Q N N N cY. O H Z O N N N x OW E4 Z E E E E C7 rt: W W W w W Im H H H H H M •• r Q' Q' C'. Q' N 0) N N N N 0) 1-4 z H . W z (V lD lD tD �o c E 0 N r r r r O >+ O Q E a Q m 0 N .a L M H O H H z W z H a O O W H E, H a > > > > > z O O > rx 0 z U W W W W w z H cn z z z z z w w 0 0 0 0 0> cA a a a a a n U W FC H p W. o N N a O w o ao rn r o > I > in N W z z E M 01 Q1 01 m CQ H H O '--i c v c c I H z r O 0 r Ln Lr) 0 LO H H JG a z a w w cn x I Or o [_ 34 H rz �r o 0 0 0 m 1D 0 0 0 0 o LO LO Lf) LO Lr) z M M M M M 1p lD lD lD lD E-H 2 v M M M M O Ln Ln LO Ln Ln O U rtr 0 0 0 0 0 � 4 r-I 1-4 M O O a I W H a z W H z z z z z < O O O O a N a Q O a x a a x a 0 w w w w w > > > > > EE fs+ ( z O > o 0 0 0 0 0 O O O O o O N N N N N U H 0Y z w m w U H W W W W W 1�1 033 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 3:25PM 08/16/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK NUMBER CHECK DATE VENDOR NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 46448 08/16/01 ABE001 JACQUES ABELS 150.00 46449 08/16/01 APA101 APA 2001 CONFERENCE 720.00 46450 08/16/01 ATT075 AT&T WIRELESS SERVICES 79.28 46451 08/16/01 BUT010 RICHARD BUTLER 150.00 46452 08/16/01 COA080 COACHELLA VALLEY WATER 1172.68 46453 08/16/01 GAT030 GATEWAY COUNTRY 1750.00 46454 08/16/01 IMPO10 IMPERIAL IRRIGATION DIST 315.21 46455 08/16/01 IRWO20 BARBARA IRWIN 50.00 46456 08/16/01 KIR010 TOM KIRK 150.00 46457 08/16/01 LAQ050 LA QUINTA CITY EMPLOYEES 416.00 46458 08/16/01 MIT150 MICHAEL MITCHELL 50.00 46459 08/16/01 PUE050 MARIA L PUENTE 50.00 46460 08/16/01 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 46461 08/16/01 ROB150 STEVE ROBBINS 150.00 46462 08/16/01 SUP100 SUPPORT PAYMENT CLEARING- 150.00 46463 08/16/01 TYL050 ROBERT T TYLER 150.00 46464 08/16/01 UNIO05 UNITED WAY OF THE DESERT 179.00 46465 08/16/01 VER200 VERIZON 556.59 46466 08/16/01 VER210 VERIZON INTERNET SOLUTION 69.00 46467 08/16/01 WRI050 ROBERT S WRIGHT 50.00 CHECK TOTAL 6,784.26 041 0-'j-,4 z [- tD [- O H N Lr) M qr Lo lD N m 00 CN N �Q O• F z O �D 00 U U C� C7 c7 C� C� C7 C7 C7 C� C� C7 C� U rn o w F E E E E E E E E E E E E rn C7 Q W W w W w 14 W W W W W W 14 W 0� a s E. E- E- F E+ E- F F F E-F F E-F F 0 O O O m o tD N o un c• 1-4 O O 0 M F O O O N O OD OD m '-I 1 O O O z F W z O O O O OD M D Lr) I` r- Ln C- 0) Ln Q' l0 Ln Lfl H 0 M O o co O OD O H O O O O N o w O N O O O O C1 O N O L� O O O r-4 -4 UO � M O r1 a F Q C� U u w z > z a a z F Vl F W W F U £ £ D E a a W a a a a a w a a a E< z < a < a< 2 z E F z Z F O H E F-F F E F U U U U F a E. E E- () 0 0 0 0 x 0 0 0 0 0 0 > > > > 0 0 0 0 I W H O F �-+ H F a F U E-F F O F cn cn M 0 F a E. O F u a E-F-� U U c� a << x a a a >> a w a U U U V a U cz c� a o H z 0 z w o < O z p 0 w o H H H H z > x H o E-F 2 a o H o o >» 0 a a a a o a o o � z U z z cn cn z o z z z a z z O z F F F F z o z z z 0 "u) z w H H W a W z w w W w a w U U U U w F W z w W Q > cD (D > a > < > F F > a > w w w w > cn > < > a n a w w w a a< E a a a a H a cn w G, a a z U a 3 3 w w w w w x a a U H W p cz 1-4 o M lD -4 O M cn I` O LO --q M N O yr - o � O O > I > W CO o [- O O O O O Ln m O O N c• (V O 0 Ln N lD v N N H Q " M a M a H rz H rz . D o ,) o -D .-4 CD o a a p z h N z x M h > > N Ln 0 LO � h rt z a < m w ao a 1 0 O w F a: 0 0 0 0 o N Ln ern rn o, 01 N Cl 0 0 W fI] O O O lD O M lD M , i M O O O E O O O lD O lD �.D r l0 lD lD lD O Cl O z O M tM Ln M m O H M -4 M N N I` N t` N r N 01 o m O M N F Ln lD lD \D a-) lD lD rl lD lD lD lD to Ufl N z O - O O N O M L H O IT Lr) C Ln O 0 V' Ln v' Lr) v N cW Lf) ,H Cl I-f o p O O U a c c r c c v O qr c v O U O -4 o -+ o O 0 0 0 0 0 0 0 0 o O .� o H -1 1-4 1 � F F F F to W cn w D: H H H H w Di w w n o o n >4 E- F O W U W U H > Q 3 < 3 z 0 z 0 z 0 z 0 a a o z z a O W W G] >+ >4 F F F E- (4 Ul) cz a cn W w a a Q a a < (n w w w cn a w a a s a a 0 H 0 H 0 H (D >, W z z U a >> z H w 00 E- D a- a a a a u W a H z Q .wa w m a s O H H H H tz W H co �+ 0 0 D; H o a s >4 a a a a ac H < a CD CD.� z W W < H H H H W H H FC a a Of Q F x U U w E- W a w a W a w a m a E OI cn a 0 h a K s Q E. a 0 0 H O F 44 w cz 0 Fri H H c0 .a] z M 0 > O O O U-) o 0 o O 0 0 0 0 o O o O >+ O -4 .-+ [ O 1--4 O OD O 00 O M O r-4 O H O H O 4 O N O 1-4 O V) O U IFi a s F E" Q Q H a a a a U W Q Q Q F z O O Q E E E E a a U U U H H H H H Z ea '-+ M a1 m O Ln .-4 t- w m O .4 N M `7 c F O z N M M .-+ N N N N N 0 \ \ m O N W (7 x U H Q C7 E W C7 E E4 m a m C7 E W m 01 m i W ON O) (n W w W W W W W W W a !7] H F H F H F F H F F H F H F H Ha H a O M E-H Z E-4 O O O O O O O O O O O O O v W v v O O lD c m rr v c N a• O O O 0 W z O N O LnH lD O O O C� .-i M O m N lD m �D t- m N m N Ol �D O Ln x Q a 0 x r.0 H H '-i N 0 0 0 0 0 0 0 0 o 0 0 0 o o O rn o o 0 0 �o c z O 0 Ln z O 0 Ln ❑ > cv o U-) a. 0 cn o u1 ,-+ o Ul .1 rn r rr Ln ,n 0 o Ln H Q a H Q a H a w z 1 w >4 3 H Q > a W Cn w a W cn w a HE- Z a s i a H z z a z a ❑ F H a W ❑❑ W a a cz co w a z O < H O x< a F 0 z< a F O a U I s H 0 E 0 Q F 0 < C7 1 a F O E 0 H 0 z O 1 Q F O o E 0< H O U > Q H 0 a a s E. 0 W U H H E-F a F cZ a Q U F W a > > > > Z - z " F cz cn F Ey cz a um H OH > z cZ U O ❑ z H z O O ❑ z f-+ ix O O ❑ Z m -,A ❑ 0 ❑ z Z H Z O ❑ z w -ri ❑ O ❑ z z H z 0 ❑ Z m -.-I ❑ O ❑ Z M w M W M W M W to W F F+ cn H W > H cn H W > cz \ W > z < a W > a W > Z a CW > a W > Z 0 Z 0 Z 0 Z 0 Z O - z H cz W > W H W > F cA w > in W cL x x a a \ a a a \ a x a x a x a x a x a a H a H z H H x H❑ O > I > a W m 0 O (V 0 O N o O N O O N rn M rn O m M 1- �D m O m m -4 r %D O 110 N o m rn M o O N Z H ❑ ❑ H z H i :: Z a a h a h a �� H In M N '--i r1.0 I` QT c � O cr kD � M C' �1�0 Ln N C' Ln M .--1 r r .+ N Ln M a O rj H < a x z Q w m 1 x cz 0 O H w Ix w w O o o O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 0 0 lD w o o 0 0 0 0 o 0 M lD 110 0 0 O 0 0 E 0 z rn O to rn 0 t!n r-I N N rn O N rn O Lr) N Ln M Lo M Lo M Lo M Ln-1-4 M M M rn O rn O H z tD O �4 O O O an .-i O N O O Ln .-1 O N O O w c lD M Ln lD M an I'D c-n �) \D M Un w c u) kD cr Ln lD N O LP) 14 0 U U Q v .-4 O vT O r-4 O . O -4 v O r-I O .-4 O c O r-, o O -4 c i O r-I .--+ a O .--q -4 O .-a .-4 O -4 .--I O r-4 aT O -4 .7 -4 O -1 Ln N O Lr) 0 c O . a ❑ a F-1 I C7 z H z z x U r-I w w W cn E, a M o w o o w 0 Lr) p+ Q a a W U w z >+ z z z E cz x H H w z H x W EQ-+ E-F W a U w m w a >. H O < w H H m" a) >4 01 a W < a Q o u% 0 `� W a O F F tZ 3 ❑ w 0 NNNNNNN 0 0 0 0 0 0 0 N to F z a H a z O ❑ w �-' U H E H rz W > H x > W F cn a a O U) W m O cZ F H z ❑ H w > 1--1 w > Y-1 w > H w > H w > H w > H w > 1-4 w > O cx z o w 0 > o ur) 0 u-) 0 c 0 Ln 0 0 0 uO Ln o o 0 Cl 0 0 0 0 0 0 O U rC >+ H U .-i H E O M a O H rZ r-4 0 O a .-+ a O cn O a i+ H O H Z 0 0 N W% W > 0 N W W > 0 N W W > 0 N W W > O N W W > 0 N a W > 0 N cz W > 1-4 N a w > Ln O /� Z 0F 037 A/P - AP6002 CHECKS TO BE VOIDED 11:OOAM 08/22/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 46191 DEF 07/07/01 415.00 EXP200 EXPRESS DETAIL 46191 DEF 07/14/01 420.00 EXP200 EXPRESS DETAIL 46191 DEF 07/21/01 430.00 EXP200 EXPRESS DETAIL TOTAL VOIDED 1,265.00 INVOICE DESCRIPTION VEHICLE MAINT VEHICLE MAINT VEHICLE MAINT 045 17�F A/P - AP6002 CHECKS TO BE VOIDED 11:02AM 08/22/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 46174 DEF 07/23/01 130.00 CPR104 CPRS DIST XI TOTAL VOIDED 130.00 INVOICE DESCRIPTION LEGISLATIVE GOLF TOURNAMENT 046 A/P '- AP6002 CHECKS TO BE VOIDED 08:45AM 08/17/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 45622 DEF 05/25/01 42.98 BES101 BEST BUY ETHERNET CARDS TOTAL VOIDED 42.98 COUNCIL/RDA MEETING DATE: SEPTEMBER 18, 2001 ITEM TITLE: Demand Register Dated September 18, 2001 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated September 18, 2001 BACKGROUND: Prepaid Warrants: 46619 - 466211 1,630.00 46622 - 466291 30,708.40 46630 - 466311 3,254.38 46632 - 46633) 150,288.16 Auto Mall Cks} 32,517.06 Wire Transfers} 165,273.56 P/R 7451 - 75241 1325464.87 P/R Tax Transfers} 42,418.49 CITY DEMANDS $468,515.20 Payable Warrants: 46634 - 467061 213,960.28 RDA DEMANDS 304,000.00 FISCAL IMPLICATIONS: Demand of Cash -City John) M. Falconer; Fi i Director $772,515.20 $4%515.20 $772,515.20 CITY OF LA QUINTA AUTO MALL BANK ACCOUNT TRANSACTIONS CHECK # 1036 STAMKO DEVELOPMENT $71.52 1037 CITY OF LA QUINTA $32,445.54 TOTAL TRANSACTIONS $32,517.06 049 O6 CITY OF LA QUINTA BANK TRANSACTIONS 8/29/01 - 9/12/01 8/17/01 WIRE TRANSFER - PERS $11,273.56 9/6/01 WIRE TRANSFER - RDA ESCROW $25,000.00 9/12/01 WIRE TRANSFER - RDA ESCROW $64,000.00 9/12/01 WIRE TRANSFER - RDA ESCROW $65,000.00 TOTAL WIRE TRANSFERS OUT $165,273.56 050 L03 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:15AM 09/12/01 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.*** 46634 09/12/01 &00955 THE JEWELRY BOX 3.00 46635 09/12/01 &01535 ANDREWES 18.00 46636 09/12/01 &01536 D J PLANTE 50.00 46637 09/12/01 &01537 JAMES ROWE 25.00 46638 09/12/01 ACE010 ACE HARDWARE 196.17 46639 09/12/01 ACT100 ACT GIS INC 8287.50 46640 09/12/01 AGT100 AGTEK CONSTRUCTION 19950.00 46641 09/12/01 AME103 AMERICAN SOCIETY OF CIVIL 205.00 46642 09/12/01 AME175 AMERICAN FORENSIC NURSES 83.00 46643 09/12/01 AME200 AMERIPRIDE UNIFORM SVCS 58.27 46644 09/12/01 AND010 ANDERSON TRAVEL SVC INC 509.00 46645 09/12/01 ARC100 ARCH 923.45 46646 09/12/01 ASCO01 A & S COFFEE SERVICE 48.00 46647 09/12/01 ASM100 A&S MOTORCYCLE PARTS INC 320.64 46648 09/12/01 AUT030 AUTOMATED TELECOM 88.00 46649 09/12/01 AUT040 AUTOMATIC STOREFRONT 161.75 46650 09/12/01 BER150 BERRYMAN & HENIGAR INC 488.00 46651 09/12/01 BOY075 BOYS & GIRLS CLUB OF 25000.00 46652 09/12/01 CAD010 CADET UNIFORM SUPPLY 28.32 46653 09/12/01 CDW050 CDW GOVERNMENT INC 607.81 46654 09/12/01 COR150 CORPORATE EXPRESS 53.27 46655 09/12/01 DAN100 JIM DAN D. LLC 2000.00 46656 09/12/01 DES060 DESERT SUN PUBLISHING CO 77.98 46657 09/12/01 DES065 DESERT TEMPS INC 7638.54 46658 09/12/01 DOU010 DOUBLE PRINTS 1 HR PHOTO 17.26 46659 09/12/01 DRE050 DREAM ENGINEERING INC 8.70 46660 09/12/01 ECS100 ECS IMAGING INCORPORATED 11223.63 46661 09/12/01 EXP200 EXPRESS DETAIL 820.00 46662 09/12/01 FIR015 FIRST AMERICAN REAL 140.74 46663 09/12/01 GAB050 GABRIEL'S WROUGHT IRON 520.00 46664 09/12/01 GUM050 BRAD GUMMER 231.00 46665 09/12/01 HIG010 HIGH TECH IRRIGATION INC 140.00 46666 09/12/01 HOA010 HUGH HOARD INC 623.01 46667 09/12/01 HOM030 HOME DEPOT 926.08 46668 09/12/01 IMP100 IMPACT SCIENCES INC 5251.20 46669 09/12/01 JAS100 JAS PACIFIC 6324.60 46670 09/12/01 JOH2O0 JOHNSON POWER SYSTEMS 475.00 46671 09/12/01 KOA100 KOALA -TEE PRINTING 2845.85 46672 09/12/01 KRI100 BRUCE KRIBBS CONSTRUCTION 4280.00 46673 09/12/01 LAB100 LAB SAFETY SUPPLY INC 282.45 46674 09/12/01 LAQ100 LA QUINTA VOLUNTEER FIRE 235.75 46675 09/12/01 LES020 JANELLE LESLIE 38.50 46676 09/12/01 L00010 LOCK SHOP INC 374.66 46677 09/12/01 LUN050 LUNDEEN PACIFIC CORP 41765.79 46678 09/12/01 MOM100 MOM'S GAS STATION 968.42 46679 09/12/01 MUN010 MUNI FINANCIAL SERV INC 3789.19 46680 09/12/01 NAW010 RON NAWROCKI 3600.00 051 004 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF 09:15AM 09/12/01 PAGE 2 CHECK CHECK VENDOR NUMBER DATE NO. NAME PAYMENT AMOUNT 4.6681 09/12/01 NIC101 NICKERSON & ASSOC INC 5232.50 46682 09/12/01 OLI100 OLINN MESSAGE CENTER 79.95 46683 09/12/01 OUT100 OUTDOOR SERVICES INC 100.00 46684 09/12/01 OWE020 OWEN & BRADLEY 35.00 46685 09/12/01 PAR125 RACHEL PARRISH 73.50 46686 09/12/01 PROO10 PROTECTON SERVICE IND 248.04 46687 09/12/01 RAL050 RALPHS GROCERY CO 46.30 46688 09/12/01 RAN031 RANCHO LA QUINTA COUNTRY 3106.32 46689 09/12/01 RIV045 RIVERSIDE CNTY ECONOMIC 5000.00 46690 09/12/01 RIV100 RIVERSIDE COUNTY SHERIFFS 5078.40 46691 09/12/01 RIV152 RIV COUNTY TRANSPORTATION 5000.00 46692 09/12/01 SAX100 SAXON ENGINEERING SERVICE 2940.00 46693 09/12/01 SEC050 SECURITY LINK/AMERITECH 30.00 46694 09/12/01 SIM040 SIMPLER LIFE EMERGENCY 2485.08 46695 09/12/01 SMA010 SMART & FINAL 177.28 46696 09/12/01 SMI010 MARILYN SMITH 22.11 46697 09/12/01 SMI150 MALCOLM SMITH MOTORSPORTS 156.42 46698 09/12/01 SOU007 SOUTHWEST NETWORKS, INC 3023.41 46699 09/12/01 STA045 STAN'S AUTO TECH 341.56 46700 09/12/01 TKDO10 T.K.D. ASSOCIATES INC 720.00 46701 09/12/01 TOL100 TOLHURST BIG T ENTERPRISE 997.13 46702 09/12/01 TRIO10 TRI LAKE CONSULTANTS INC 23312.50 46703 09/12/01 TTI100 TTI NATIONAL INC 7.87 46704 09/12/01 VAL005 VALLEY ANIMAL CLINIC 69.00 46705 09/12/01 VER150 VERICOM COMPUTERS 2508.00 46706 09/12/01 XER010 XEROX CORPORATION 1467.38 CHECK TOTAL 213,960.28 052 005. z r i N (M r-1 c Ln l0 r O m N O H • O z ri ri -4 O N ri � � s o W U x U E+ < 0 r-1 s o H s O r1 s r, 1-4 s 0 r-I a) 0 -4 s O r-1 s o ri s 0 1-1 s 0 1-4 s r1 '-1 Ol 0 s 0 -+ s Q � LO co E-4 H H H H H H H E-H E-4 H E-4 H .• O o H z H 0 O 0 O 0 O 0 O H O Ln 0 O 0 O 0 O r N 0 O 0 O w x >+ z p O M co -4 o to �n N o N r-4 10 r r 00 N ao o Ln s s �n O N rh OD 0 Lr) rn O Ln s Ln N a r-, 0 O 0 O 0 O o O r r-I o 0 O 0 O o O r 0 N O a W ri a W ao -4 a W o ur) Ln N 1� s co o Lr) Ln O N 1i OD co .i rn Ln H O O O O aD s -� < U U H U H U H U) E-4 p R co U) U) U) U) ro w H FL x Un w a Q cA w a < cn w a < Q a a < a w u a a a a a h a z O z H H O z H H O Z H H O U H O H O Z < E-4 O H O Ei O O O H O H O E-F O H O W H H w CO H cn H cn m H a H H H H H H CL H a w H H E- O H a O ao a O a O L) a O U) W U) W a O cn a O w a a 0 x cn a 0 0 a 0 a s 0 W O Cl) z a U 0 z 0 z 0 z 0 z 0 z 0 z 0 z 0 z H a H a 0 z cn 0 z Q 3: 0 z a w 0 z z H 0 z 0 a 0 z z a H cn W O E14 W > p w W > a w W > a w W > a4 w [L w C4 > co W > H Ga W > W W > d4 O W > Cn H w W > a 9 W C7 U) w 0 w a w a w a w a a cn 0 cn H c� 0 U) w 0 o0 w U W H 0 O a W N s N Ln m ao 01 cV Ln N I z H p > z H fA x p co O r aT r LO V' v r+ 01 M s s I ri O Cl N l0 O0 s k0 V' O co 00 M s (M H p H aC z 00 O M .--I r 1 0) l0 m l0 O N .-a O m Ol l0 U) O M z a < w w w a 1 O 0 w H a W �0 O N 0 O O 0 O O O O O 0 O O 0 O O s O 1.0 o O O o O O 00 N a (M l0 o O O 0 �D l0 a z r-1 O OD M M O (M O 0) o Ln Ln 01 cr 1.0 a) O s O r M un M H z O N O O C O O cT o O V O O r r u-) r r Ln l0 N O OD l0 Un r 1 LO l0 r I O lD N O �O In Un l0 (M Lr) O U O O O O M M lf) c M N M 1-4 r-1 �-i O r-I O H O r-1 O r-1 N O to O r-i 0 H O r-i H O r-1 r-1 O r-I 1-4 O •-i a H H Cn W (!) U U U z U EL, a p z > U) H U O O O F-I O•� r+ U H � 0 vi Ln >C H H fn w ES4 z �l W E-4 a H 3 W 3 w 3 zI-1 a z u O a OW o a z M H r.0 a W 3. W cn w 3 z a a 0 a p a Q p s Q a) H O U z $:4 U z , 01 w F4 O h W H W A a h U) x W x W C7 H x H H W H W 1--1 W a 0 U F w w p h Q z 0 D O >4 U H > Lr) Ln 0) O LO fM LO 'A l0 (M Ln ri r (M T) '4 O r-I O W O ri O W O O IH Ei O O r-I H tM Cl H W to r . 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NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 46632 09/11/01 VER200 VERIZON 46633 09/11/01 WEL046 WELLS FARGO BANK CHECK TOTAL 4:44PM 09/11/01 PAGE 1 PAYMENT AMOUNT 288.16 150000.00 150,288.16 06? 015 z N Q a o Ea z 0 � � x m U C7 C7 o a a GO F E+ 1` M • l� O c E-4 i O z E• w z o 2: =) ao O >+ O N O a Cl LO ri �o O r1 O ao ,a o OD U o N W O rz O O uo w ri O a x z E-4 E-4 O O z O W H E4 E� U H U W O H U) O Q O a O M z U w z U') z H W O > t0 o x M cn a LO w w U W H O W rn 1 z z x o H Ci H O a H z N H x a z a rtr m w m x 1 O O w E4 rz O O w O O [0 O O LO I'D z M OD H z M M a LO O O rn U U -4 In KC O v 4 N ('M O O Y. Lr) z I O � U w Ei a a z a o >4 o N U) < w H t-1 a O a a a o w w 3 E-4 G, W O M o O >4 N O U E+ a a U H W W 4 U 9 3 w r-I Cw OD N 0 ur) r-4 a Q E� O E4 H z w a 0 H a w w 1 O E+ o �3 6 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:39PM 09/11/01 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.*** 46630 09/11/01 BAN015 DAVE BANG ASSOCIATES INC 2525.18 46631 09/11/01 MOM100 MOM'S GAS STATION 729.20 CHECK TOTAL 3,254.38 064 07 z N .I 9O H Z r-1 O e--I r-I � rn U C7 C7 O W H E Q OQO H H a a w N 00 O N H '-4 N Z H w z x O N N >, O LO r N W � co O H N u� rn N N LO I— N H a co a z Q w a o m o o w H a H x H U H H U F-I a, .7 cL z o: O H O O =) O x w n w a z U z z H to x w a w E4 m a 44 W G., U G] O H M 04 N O w \ OD zI z x H z \ Q Ib H x Q z w r� w ao a O O w H w U-) co LO �o D rn rn z O r-4 H z M In O O k.o U U Q O O yr LO U z H W M H O rrr z O H O LO U H a+ O H Q U) < E4 U) ; D >4 a In a a w w a o 4 o z o E-H 44 W O a -4 o OU H Q O Q U a) E OD M •a Ln (N M 018 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:37AM 09/10/01 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.*** 46622 09/10/01 ATT075 AT&T WIRELESS SERVICES 216.03 46623 09/10/01 COR021 CORONEL ENTERPRISES 1000.00 46624 09/10/01 IMPO10 IMPERIAL IRRIGATION DIST 8622.25 46625 09/10/01 LI0050 LIONS CLUB OF LA QUINTA 1000.00 46626 09/10/01 LUN050 LUNDEEN PACIFIC CORP 19275.00 46627 09/10/01 SOU010 SOUTHERN CALIF GAS CO 347.83 46628 09/10/01 SPRO10 SPRINT 70.01 46629 09/10/01 VER200 VERIZON 177.28 CHECK TOTAL 30,708.40 09 r-1 r 1 r 1 r-i 1-4 O CI z O O H rn U C7 O U i D 0 0 0 U' U' U U' 0 0 U O W H ZEE E E x E E x x x E x x (7 < W W W W W w w W W W W W W W a m H H HP H H H H H H H H H H Co N •• M t� M O Lr) O O 1-1 N r-1 M M r-1 U') O H r1 M al O N O O ('M Ln O 00 Lf) U-) M �r O z H w z Ln 00 r 1 O (V O M C O G N ri OO 00 E a 00 Ol M O N O rq M r- N CT M N O >4 O O l0 O N M (� < x -1 DD m a Q o M M O u) O O M r1 O O N O O CO O N l0 a O N O r: a r-1 O: O N O 1- Q N w O CD (N M - P O O H H H U U U H z H ai U) U) E E W W O W W W a a a a a a a o a z z z FC a< r FC O< Q z O O O H H U H > H z H H H E H a O x x x 0 CD 0 > O U) O H O O O O a a a H H Cl)H H E" P H H U EH a U U U U O H a, a a a a U z H cz H cz a > a > > > H 0x O H <%:� < O O H O H O 0: O U U O U) O M M M H O Gz a a a 0 Ll 2 rx O z C] H O >> 0 O < m z U =) :::) x z z z H z a z z U) U) z W z W w w o z H U) a a a W z W U w E W w w w z W z z z H w w a a a> Ga > G] > x> W> U) U) > O> O O O Z> I Q w w w w a o a < a x x x x% U) U U U 04 w U H 0 u a a a a H ca W 44 H U W M U-) m rn < H 0 a l0 t.l) cT M l0 M 04 O W 1- 1` 00 U-) Ln r- r-I M l0 N tO I > al C' Lr) L C OD N N O (- O m O w z z x LO (M (M r1 l0 CF) N (`) 'T N r-1 N w H L1 H z (`) w w O l0 l0 "T M C' .--I u') -7 1 H z N 1- r- O l0 N m OD -�T l0 0 C] x (M (14 (N u) N O O r 1 Lf) r- M u) H < z CL4 r� m w m rz I 0 0 w H fz O O O O O O OD O O O O O N W lD lD lD O O O N O O O O O l0 M t0 lO lD O O O l0 O O O O O lD l0 L) Lr) al O) f M ri Ci) O) Lr) Ln Ln Lo r-i z M M M C N l0 N N N M m M M m l0 w lD N w l0 1p l0 l0 lD lD l0 l0 l0 H z m m M O 1` N M (1) (1) v Q D u) Ln U-) (D LI) Lr) Lr) O Ln u) Ln ur) Ln 0 H ri O M N v M N H r1 r1 c c U ri 1-4 11 1-4 Q O O O O O O O O O O O O O O H U) U) U) (n H H U Ca H O O U U pa H H H U) z z a a o a O CD a a s � a U) U) U) a 4 a z z U) W x x z N N N N < z H E-H E-H O W z C) H H H H H H H a r>r O w 14 w a a O z z a a a s 0z a � < < o o� o� CO w W a a U)i > > > > z 0 > Lr) Ln Ln 1-4 O O O O O O O O o O M [- l- l- N r 1 Ln Ln .--1 .--4 r-1 O O O O 0 >+ O O O O O O O O O O N N N N U H H H H a a o z a:D Cr a x a a U H EF H H O E H z O O a W W W W < U < < < U H a a co U) U) 067 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 46619 09/06/01 LAQ040 LA QUINTA CHAMBER COMMERC 46620 09/06/01 MIN100 MINT CLEANERS 46621 09/06/01 RIV102 RIVERSIDE COUNTY SHERIFF CHECK TOTAL 1:48PM 09/06/01 PAGE 1 PAYMENT AMOUNT 1280.00 100.00 250.00 1,630.00 CzI z r•-I N M Ln kD r CD m o . 0 H z 0 0 rn U C7 C7 C7 C7 C7 C7 C7 C7 C� C7 O W H E E£ E 0 4 w w w W w w w W W W 4 co E-H H H H H H H H H H a a LO c'M O O O O O O O O O O ,{ H O O O O O O O O O O z H w z N co 00 00 to 00 O O O O O r r-1 H r-i m H O .-i Ln �+ 0 .4 N a g r-i a Q O O O o O o z O O o w 00 0 Ln a N a U x E-F O z z z z z z a O m co O Q O W H O O O m O O O H H H E+ H a a a a a a u a z ~ w a a N a O m mm m w m m Op 00 Op a vxi o z U z ix Cz iz cz cz cz z z ul) z H cn O O O O O O O W >, >+ W r-4 W W p >+ >+ >+ >+ > H H > > E U U r U w H p a O w > I > 00 z z E H z eb p O H �C z a rr+ w ao cz O O [X E-H cz O o 0 0 0 0 0 O O o W o 0 0 0 0 0 0 0 0 0 CO o 0 0 0 0 0 0 0 0 0 E p r r r r r r r M M r z M M M M M ry) ry) O O l0 lD lD lfl l0 �O lD lD r r N H z N -A r-q -I -r .-I rq v N O (D in in If) 0 Ln 0 U-) Ln O O .--I 4 N (`') M (Y) O U U �4 rH '-1 r1 r-I .-a ,-+ r+ r1 Ln r� 0 0 0 0 0 0 0 0 0 -+ .-1 ,-1 r-I -4 1-1 1-1 _q -4 r a a a a a a a w w w w w w w w w F-1 O O O O O O O M � O w w W W w w w >+ Ln W W 00 OCl [Q [Q a1 E-+ rtr a a O I U U U U U U U W w U W H Q FC Q r>r FC �< w a z H H H H H H H W w 0 co H z z z z z z z a s H < h-I . H H H H 1--1 U U co >4 a o a o m o 0 o a a a a a a a a w a o z z 14 a 0 Q Q H H F-1 cn z a a a a a a a cz H w w z O > O O O Cl O O O O O N D V' C' C. C' C' V' C' O O O O >+ 0 0 0 O O O O rH r-1 .-I U H a a a a a a a z z > U H Q F:4<<< < Q H H H < u a a a a a a a x E x 0 O O M r4 a H O E-H E-H z w a C) H a w cn 1 O H COUNCIL/RDA MEETING DATE: September 18, 2001 Transmittal of Treasurer's Report as of July 31, 2001 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 01.1 STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated July 31, 2001 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Zlly submitt d: /, hn M. Falconer, Finance Director Approved for Submission by: Thomas P. Genovese, City Manager Attachment: Treasurer's Report, City of La Quinta T 0 0 4hf 4 4 a" MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for July 31, 2001 DATE: September 6, 2001 Attached is the Treasurer's Report for the month ending July 31, 2001. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Dept. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other Ending Change Cash $3,322,653 $0 (1) ($2,701,485) $621,168 ($2,701,485) LAIF $8,859,754 3,767,276 0 12,627,030 3,767,276 US Treasuries (2) $29,909,156 (2,500,000) 32,577 27,441,733 (2,467,423) US Gov't Agencies (2) $15,110,040 0 0 24,253 1 15,134,293 24,253 ,Commercial Paper (2) $5,984,538 6,000,000 (6,000,000) 90 5,984,628 90 (Mutual Funds $10,258,353 29,852 OL 0 10,288,205 29,852 ,Total $73 444,494 $9 797 128 $11 201 485 $56 920 I $72 097 057 $1 347 437 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. the City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. J/7/v � Da Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. 071 663 v 91i m > > o ,_. �.I• �1• N =raama �mmm w 3 3 3 c Z cc fo cc a) (A N 0 = O O O DT-v 6500 m CD a n CD m CDCD �a 0N 93- CCD W A W A ? 6 ? 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CD ANC 0 Id q I CW7) fAOi �',v W V Cl) V O t0 AN II+OI .a ... �I al♦0CD0I000 N' CITY OF LA QUANTA BALANCE SHEET 07/31/01 CITY CITY RDA RDA FA FIXED LONG TERM FDMD LONG TERM FINANCING LONG TERM GRAND CITY ASSETS DEBT RDA ASSETS DEBT AUTHORITY DEBT TOTAL POOLED CASH (4,686.158.79) 16.877.589.65 102.572.46 12,293,993.32 LQRP INVESTMENT IN POOLED CASH 805,000.00 805,000.00 INVESTMENT T-BILL/NOTES 3 OTHER 48.8".000.00 48,644,000.00 AUTO MALL CASH 110,016.29 110.016 29 LQRP CASH 38,188.78 38,188 78 BOND REDEMPTION CASH 217,944.04 1,550.12 219,494 16 BOND RESERVE CASH BOND PROJECT CASH 9.525.166.89 543,544.29 10.068.711 18 BOND ESCROW CASH PETTY CASH 1.000.00 1,00000 CASH & INVESTMENT TOTAL 44, ,84 . 72,180,403.73 INVESTMENT IN LAND HELD FOR RESALE ACCOUNTS RECEIVABLE PREMIUM/DISCOUNT ON INVESTMENT LQRP-ACCOUNTS RECEIVABLE INTEREST RECEIVABLE LOANRJOTES RECEIVABLE DUE FROM OTHER AGENCIES DUE FROM OTHER AGENCIES - CVAG CVAG ALLOWANCE DUE FROM OTHER GOVERNMENTS DUE FROM OTHER FUNDS DUE FROM RDA INTEREST ADVANCE -DUE FROM RDA ADVANCES TO OTHER FUNDS NSF CHECKS RECEIVABLE ACCRUED REVENUE FIXED ASSETS ACCUMULATED DEPRECIATION TRAVELADVANCES EMPLOYEE ADVANCES PREPAID EXPENSES 271,065.33 3,515.00 274,580.33 RECEIVABLE TOTAL 15,129,201.63 15,707,117.00 14,555,064.29 45,391,382.92 308.968.94 60,900.00 369.868 94 (83,346.97) (83.346.97) 89,936.41 89,936 41 372,262.86 372.262 86 13,488,454.64 13.488.454 64 943,715.89 260,386.80 1.204.102.69 2,299,096.69 2,299,096.69 (2,299,096,69) (2,299,096.69) 0.37 0,37 1,059,126.58 651,038.04 1,710,164.62 8,497,550.20 8,497,550.20 2,980,846.13 2,980,846.13 61.120.16 61,120 16 2,948.66 2.94866 833.40 833.40 15,707,117.00 15.707,117 00 711.534.48 711.534,48 3,409.00 3,40900 WORKER COMPENSATION DEPOSIT RENT DEPOSITS UTILITY DEPOSITS 75.00 7500 MISC. DEPOSITS 2,100.00 2.10000 DEPOSITS TOTAL 2,175.00 2.175 00 GENERAL FIXED ASSETS 9,988,279.05 9,988,279 05 ACCUMULATED DEPRECIATION AMOUNT AVAILABLE TO RETIRE UT DEBT 3,395,117.03 3.395,117 03 AMOUNT TO BE PROVIDED FOR L/T DEBT 951,847.65 80 771 998.22 7,750,000 00 89,473,845.87 TOTAL OTHER ASSETS 951.847.65 9,988,279.05 84,167,115.25 7,750,000.00 102.857,241 95 TOTAL ASSETS 59,200,224.13 15,707,117.00 951,847.65 42,018,953.65 9.988 279 05 84,167,115.25 647,666.87 7,750,000.00 220 431 203 60 LIABILITIES: ACCOUNTS PAYABLE 14.038.59 14.038.59 DUE TO OTHER AGENCIES 649,309.79 730,884.56 1,380,194.35 DUE TO OTHER FUNDS 273,804.01 1,418,207.97 1.692,011,98 INTEREST ADVANCE -DUE TO CITY 11,383,537.00 11,383,537.00 ACCRUED EXPENSES 102,912.09 16.468.50 119,380.59 PAYROLL LIABILITIES 5.157.33 5.157.33 STRONG MOTION INSTRUMENTS 2,882.32 2,88232 FRINGE TOED LIZARD FEES 78,981.50 78,961 50 SUSPENSE 365.89 365.89 DUE TO THE CITY OF LA QUINTA 61,120.16 61,120.16 PAYABLES TOTAL 1,188,571.68 13,549,098.03 14,737,669.71 ENGINEERING TRUST DEPOSITS SO. COAST AIR QUALITY DEPOSITS LQRP DEPOSITS 14,713.00 14,713.00 DEVELOPER DEPOSITS 934.790.81 934,790.81 MISC. DEPOSITS 439,904.00 439,904.00 AGENCY FUND DEPOSITS 2,153,659.76 2.153.659 76 TOTAL DEPOSITS 3,528,354.57 14,713.00 3,543,067.57 DEFERRED REVENUE 387,604.00 11,378,904.00 11.766,508 00 OTHER LIABILITIES TOTAL 387,604.00 11,378,904.00 11,766,508.00 COMPENSATED ABSENCES PAYABLE 373,536.65 373,536.65 DUE TO THE CITY OF LA QUINTA 578,311.00 94,862.75 673,173.75 DUE TO COUNTY OF RIVERSIDE 10,989,847.00 10,989,847.00 DUE TO C.V. UNIFIED SCHOOL DIST. 8,747,405.50 8,747,405.50 DUE TO DESERT SANDS SCHOOL DIST. BONDS PAYABLE 64,335,000.00 7,750,000.00 72.085.000.00 TOTAL LONG TERM DEBT 951,847.65 84,167,115.25 7,750,000.00 92,868,962.90 TOTAL LIABILITIES 5,104,530.25 951,847.65 24,942,715.03 84,167,115.25 7,750,000.00 122,916,208.18 EQUITY -FUND BALANCE 54,020,327.94 15,707,117.00 17,076,238.62 9,988,279.05 647,666.87 97.439.629,48 TOTAL LIABILITY 3 EQUITY 59,124,858.19 15,707,117.00 951,847.65 42,018,953.65 9,988,279.05 84,167,115.25 647,666.87 7,750,000.00 220,355,837 66 CASH & INVESTMENT TOTAL 72,180,403.73 PREMIUM/DISCOUNT ON INVESTMENT (83.346.97) TOTAL 72,097,056.76 079 oil COUNCIL/RDA MEETING DATE: ITEM TITLE: September 18, 2001 Transmittal of Revenue and Expenditure Report dated July 31, 2001 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of the July 31, 2001 Statement of Revenue and Expenditures for the City of La Quinta. espgEtyully submitted: Jdhn M. Falconer,/Finance Director Approved for submission by: Thomas P. Genovese City Manager Attachments: 1 . Revenue and Expenditures Report, July 31, 2001 1:1 CITY OF LA QUINTA REVENUES -ALL FUNDS 07/01/2001 - 6/30/2002 FUNDS BUDGET RECEIVED RECEIVED General Fund $14,041,855.00 $1,395,335.47 9.9% Library 106,600.00 75,000.00 70.4% Gas Tax Revenue 421,600.00 49,848.13 11.8% Cmaq/lstea 287,423.00 0.00 0.0% Federal Assistance 4091000.00 0.00 0.0% Assessment District 2000-1 0.00 0.00 0.0% Slesf (Cops) Revenue 2,200.00 0.00 0.0% Local Law Enforcement 28,300.00 0.00 0.0% Lighting & Landscaping 781,400.00 18,152.64 2.3% Quimby 16,500.00 0.00 0.0% Infrastructure 1,397,518.00 0.00 0.0% Village Parking 100.00 0.00 0.0% South Coast Air Quality 24,481.00 0.00 0.0% LQ Public Safety Officer 2,200.00 0.00 0.0% Interest Allocation 0.00 2191669.10 0.0% Capital Improvement 48,805,225.07 291,346.47 0.6% Lq Norte Capital Improvement 0.00 0.00 0.0% Urban Forestry 11,000.00 0.00 0.0% Equipment Replacement 363,180.00 0.00 0.0% Information Technology 1,000,000.00 0.00 0.0% Arts In Public Places 132,900.00 17,687.86 13.3% Transportation 307,100.00 72,115.18 23.5% Parks & Recreation 221,500.00 44,712.00 20.2% Civic Center 0.00 0.00 0.0% Library Development 167,900.00 26,485.00 15.8% Community Center 58,600.00 11,981.00 20.4% Street Facility 101500.00 2,502.07 23.8% Park Facility 3,200.00 671.00 21.0% La Quinta Financing Authority 688,130.00 1,548.48 0.2% RDA Project Area No. 1 20,955,783.00 304,862.67 1.5% RDA Project Area No. 2 9,434,622.00 121,544.00 1.3% Total $99,678,817.07 $2,653,461.07 2.7% 063 CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07/01/2001 - 6/30/2002 Funds BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET % EXPENDED General Fund $14,455,036.27 $158,903.83 $0.00 $14,296,132.44 1.1 % Library 0.00 0.00 0.00 0.00 0.0% Gas Tax 421,600.00 35,133.33 0.00 386,466.67 8.3% Cmaq/lstea 287,423.00 0.00 0.00 287,423.00 0.0% Federal Assistance 31,813.99 0.00 0.00 31,813.99 0.0% Proposed Assessment District 682,553.47 0.00 0.00 682,553.47 0.0% Slesf (Cops) Revenue 0.00 0.00 0.00 0.00 0.0% Local Law Enforcement 0.00 0.00 0.00 0.00 0.0% Lighting & Landscaping 781,400.00 65,116.67 0.00 716,283.33 8.3% Quimby 317,381.29 0.00 0.00 317,381.29 0.0% Infrastructure 4,486,415.30 14,751.08 0.00 4,471,664.22 0.3% Village Parking (1,892.85) 0.00 0.00 (1,892.85) 0.0% South Coast Air Quality 0.00 0.00 0.00 0.00 0.0% Lq Public Safety Officer 0.00 0.00 0.00 0.00 0.0% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 48,805,225.07 299,813.46 0.00 48,505,411.61 0.6% Lq Norte Capital Improvement 0.00 0.00 0.00 0.00 0.0% Urban Forestry 0.00 0.00 0.00 0.00 0.0% Equipment Replacement 380,209.00 8,179.90 0.00 372,029.10 2.2% Arts In Public Places 1,221,077.71 40.00 0.00 1,221,037.71 0.0% Transportation 2,809,819.03 (23,149.76) 0.00 2,832,968.79 -0.8% Parks & Recreation 2,060,000.00 0.00 0.00 2,060,000.00 0.0% Civic Center 204,660.00 17,055.00 0.00 187,605.00 8.3% Library Development 523,324.44 680.00 0.00 522,644.44 0.1 % Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 0.00 0.00 0.00 0.00 0.0% Park Facility 0.00 0.00 0.00 0.00 0.0% Information Technology Fund 407,250.00 21,405.95 0.00 385,844.05 5.3% La Quinta Financing Authority 1,209,498.78 0.00 0.00 1,209,498.78 0.0% RDA Project Area No. 1 26,325,682.21 519,626.39 0.00 25,806,055.82 2.0% RDA Project Area No. 2 15,477,179.67 764,106.62 0.00 14,713,073.05 4.9% Total $120,885 656.38 $1,881,662.47 $0.00 $119 003,993.91 1.6% 082 U G 4 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Document Transfer Tax Sales Tax Transient Occupancy Tax Franchise Tax TOTAL TAXES LICENSE & Permits: Business License Animal License Building Permits Plumbing Permits Electrical Permits Mechanical Permits Misc. Permits TOTAL LICENSES & PERMITS FEES: Sale of Maps & Publications Community Services Fees Bldg & Safety Fees Community Development Fees Public Works Fees TOTALFEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines AB939 State of California Grant CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 07/01 /2001 - 6/30/2002 REMAINING % BUDGET RECEIVED BUDGET RECEIVED 520,600.00 11,993.31 508,606.69 2.3% 450,600.00 25,478.82 425,121.18 5.7% 380,000.00 99,650.88 280,349.12 26.2% 3,217,500.00 249,300.00 2,968,200.00 7.7% 3,595,000.00 177,388.74 3,417,611.26 4.9% 537,500.00 76,064.93 461,435.07 14.2% 8,701,200.00 639,876.68 8,061,323.32 7.4% 152,000.00 14,547.30 137,452.70 9.6% 12,400.00 799.00 11,601.00 6.4% 412,500.00 143,240.20 269,259.80 34.7% 89,400.00 24,487.63 64,912.37 27.4% 68,000.00 23,657.20 44,342.80 34.8% 37,000.00 13,291.62 23,708.38 35.9% 48,300.00 4,489.66 43,810.34 9.3% 819,600.00 224,512.61 595,087.39 27.4% 5,400.00 49.55 5,350.45 0.9% 157,775.00 8,481.00 149,294.00 5.4% 357,800.00 78,695.16 279,104.84 22.0% 220,000.00 130,396.11 89,603.89 59.3% 467,500.00 68,405.42 399,094.58 14.6% 1,208,475.00 286,027.24 922,447.76 23.7% 1,257,600.00 116,333.59 1,141,266.41 9.3% 50,300.00 9,504.28 40,795.72 18.9% 25,000.00 2,041.00 22,959.00 8.2% 5,000.00 3,359.39 1,640.61 67.2% 159,900.00 18,215.58 141,684.42 11.4% 66,000.00 0.00 66,000.00 0.0% 126,700.00 0.00 126,700.00 0.0% 1,690,500.00 149,453.84 1,541,046.16 8.8% 1,585,600.00 95,211.98 1,490,388.02 6.0% 27,700.00 242.51 27,457.49 0.9% 0.00 10.61 (10.61) 0.0% 27,700.00 253.12 27,446.88 0.9% 8,780.00 0.00 8,780.00 0.0% 14,041,855.00 1,395,335.47 12,646,519.53 9.9% 083 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL LIBRARY: County of Riverside Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107.5 Traffic Congestion Relief Interest TOTAL GAS TAX CMAQ/ISTEA CMAQ/ISTEA Grant Interest TOTAL CMAQ/ISTEA FEDERAL ASSISTANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE ASSESSMENT DISTRICT 2000-1 Interest Assessment Bond Proceeds Prepayments -sewer assessments Transfer in TOTAL ASSESSMENT DISTRICT SLESF(COPS)REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) LOCAL LAW Enforcement BLOCK GRANT REVENUE: LLEBG Funding Interest Transfer in TOTAL LLEBG LIGHTING & LANDSCAPING REVENUE: Assessment Developer Interest TOTAL LIGHTING & LANDSCAPING REMAINING % BUDGET RECEIVED BUDGET RECEIVED 75,000.00 75,000.00 0.00 100.0% 31,600.00 0.00 31,600.00 0.0% 106,600.00 75,000.00 31,600.00 70.4% 135,600.00 14, 502.19 121, 097.81 10.7% 98,200.00 9,896.39 88,303.61 10.1 % 175,100.00 19,449.55 155,650.45 11.1 % 5,000.00 6,000.00 (1,000.00) 120.0% 0.00 0.00 0.00 0.0% 7,700.00 0.00 7,700.00 0.0% 421,600.00 49,848.13 371,751.87 11.8% 287,423.00 0.00 287,423.00 0.0% 0.00 0.00 0.0% 287 423.00 0.00 287 423.00 0.0% 409,000.00 0.00 409,000.00 0.0% 0.00 0.00 0.0% 409 000.00 0.00 409,000.00 0.0% 0.00 0.00 0.0% 0.00 0.00 0.0% 0.00 0.00 0.0% 0.00 0.00 0.0% 0.00 0.00 0.00 0.0% 0.00 0.00 0.0% 2,200.00 0.00 2,200.00 0.0% 2,200.00 0.00 2,200.00 0.0% 28,000.00 0.00 28,000.00 0.0% 300.00 0.00 300.00 0.0% 0.00 0.00 0.0% 28,300.00 0.00 28,300.00 0.0% 781,400.00 18,152.64 763,247.36 2.3% 0.00 0.00 0.0% 0.00 0.00 0.0% 781,400.00 18,152.64 763,247.36 2.3% I:5 • CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % (continued) BUDGET RECEIVED BUDGET RECEIVED QUIMBY REVENUE: Quimby Fees 0.00 0.00 0.0% Interest 16,500.00 0.00 16,500.00 0.0% TOTAL QUIMBY 16 500.00 0.00 16 500.00 0.0% INFRASTRUCTURE REVENUE: Infrastructure Fee 0.00 0.00 0.0% Interest 11,000.00 0.00 11,000.00 0.0% Transfer in 1,386,518.00 0.00 1,386,518.00 0.0% TOTAL INFRASTRUCTURE 1,397,518.00 0.00 1,397,518.00 0.0% VILLAGE PARKING REVENUE: Interest 100.00 0.00 100.00 0.0% TOTAL VILLAGE PARKING 100.00 0.00 100.00 0.0% SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 21,881.00 0.00 21,881.00 0.0% Interest 2,600.00 0.00 2,600.00 0.0% TOTAL SCAQ 24 481.00 0.00 24 481.00 0.0% LQ PUBLIC SAFETY OFFICER FUND Transfer In 2,000.00 0.00 2,000.00 0.0% Interest 200.00 0.00 200.00 0.0% TOTAL LQ PUBLIC SAFETY 2,200.00 0.00 2,200.00 0.0% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 219,669.10 (219,669.10) 0.0% Transfer In 0.00 0.00 0.0% TOTAL INTEREST ALLOCATION 0.00 219,669.10 (219,669.10) 0.0% CAPITAL IMPROVEMENT FUND: CVAG Funding 13,655,958.18 0.00 13,655,958.18 0.0% CVWD 1,709,906.00 0.00 1,709,906.00 0.0% County of Riverside 0.00 0.00 0.0% State of Ca- Office Emer. Services 0.00 0.00 0.0% JPIA 25,000.00 25,000.00 0.00 100.0% IID 0.00 0.00 0.0% DSUSD 544.00 0.00 544.00 0.0% State of California 561,200.00 0.00 561,200.00 0.0% SB300 Funding 19,365.74 0.00 19,365.74 0.0% Surface Transportation 12,000,118.00 0.00 12,000,118.00 0.0% S13821-Bicycle Path Grant 32,400.00 0.00 32,400.00 0.0% APP Contribution 0.00 0.00 0.0% Developer Agreement Funding 182,142.84 22,930.66 159,212.18 12.6% Transfers in From Other Funds 20,618,590.31 243,415.81 20,375,174.50 1.2% TOTAL CIP REVENUE 48,805,225.07 291,346.47 48,513,878.60 0.6% 085 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % (continued) BUDGET RECEIVED BUDGET RECEIVED LQ NORTE CAPITAL IMPROVEMENT FUND: Prepayment 0.00 0.00 0.0% Bond Proceeds 0.00 0.00 0.0% Interest 0.00 0.00 0.0% TOTAL LQ NORTE CIP 0.00 0.00 0.00 0.0% URBAN FORESTRY Grant Revenue 11,000.00 0.00 11,000.00 0.0% Interest 0.00 0.00 0.0% TOTAL URBAN FORESTRY 11,000.00 0.00 11,000.00 0.0% EQUIPMENT REPLACEMENT FUND: Equipment Charges 304,980.00 0.00 304,980.00 0.0% Capital Contribution 0.00 0.00 0.0% Interest 58,200.00 0.00 58,200.00 0.0% Transfers In 0.00 0.00 0.0% TOTAL EQUIPMENT REPLACEMENT 363 180.00 0.00 363 180.00 0.0% INFORMATION TECHNOLOGY FUND: Charges for services 0.00 0.00 0.0% Capital Contribution 0.00 0.00 0.0% Interest 0.00 0.00 0.0% Transfers In 1,000,000.00 0.00 1,000,000.00 0.0% TOTAL INFORMATION TECHNOLOGY 1,000,000.00 0.00 1,000,000.00 0.0% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 111,300.00 17,687.86 93,612.14 15.9% Arts in Public Places Credits Applied 0.00 0.00 0.0% Interest 21,600.00 0.00 21,600.00 0.0% TOTAL ARTS IN PUBLIC PLACES 132,900.00 171687.86 115,212.14 13.3% TRANSPORTATION Developer fees 284,000.00 72,115.18 211,884.82 25.4% Interest 23,100.00 0.00 23,100.00 0.0% Transfer in 0.00 0.00 0.0% TOTAL TRANSPORTATION 307,100.00 72,115.18 234,984.82 23.5% PARKS & RECREATION Developer fees 201,000.00 44,712.00 156,288.00 22.2% Interest 20,500.00 0.00 20,500.00 0.0% Transfer in 0.00 0.00 0.0% TOTAL PARKS & RECREATION 221,500.00 44,712.00 176,788.00 20.2% 086 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) CIVIC CENTER Developer fees Interest Transfer in TOTAL CIVIC CENTER LIBRARY DEVELOPMENT Developer fees Interest Transfer in TOTAL LIBRARY DEVELOPMENT COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developer fees Interest TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY REMAINING % BUDGET RECEIVED BUDGET RECEIVED 284,500.00 38,600.00 65,116.29 0.00 0.00 219,383.71 38,600.00 0.00 22.9% 0.0% 0.0% 323,100.00 65,116.29 257,983.71 20.2% 150,000.00 17,900.00 26,485.00 0.00 0.00 123,515.00 17,900.00 0.00 17.7% 0.0% 0.0% 167,900.00 26,485.00 141,415.00 15.8% 53, 500.00 5,100.00 11, 981.00 0.00 41, 519.00 5,100.00 22.4% 0.0% 58 600.00 11 981.00 46 619.00 20.4% 9,500.00 1,000.00 2,502.07 0.00 6,997.93 1,000.00 26.3% 0.0% 10,500.00 2,502.07 7,997.93 23.8% 3,000.00 200.00 671.00 0.00 2,329.00 200.00 22.4% 0.0% 3,200.00 671.00 2,529.00 21.0% 087 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07/01 /2001 - 6/30/2002 REMAINING % BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED GENERAL GOVERNMENT: LEGISLATIVE 582,800.00 27,614.19 0.00 555,185.81 4.7% CITY MANAGER'S OFFICE 613,200.00 25,467.65 0.00 587,732.35 4.2% ECONOMIC DEVELOPMENT 910,000.00 43,192.00 0.00 866,808.00 4.7% PERSONNEURISK MGT 570,700.00 21,069.03 0.00 549,630.97 3.7% TOTAL GENERAL GOVERNMENT 2,676,700.00 117,342.87 0.00 2,559,357.13 4.4% FINANCE: FISCAL SERVICES 512,315.00 23,251.97 0.00 489,063.03 4.5% CENTRAL SERVICES 306,205.00 9,330.96 0.00 296,874.04 3.0% TOTAL FINANCE 818,520.00 32,582.93 0.00 785,937.07 4.0% CITY CLERK 361,650.00 14,835.99 346,814.01 4.1 % COMMUNITY SERVICES SENIOR CENTER 257,300.00 7,679.99 0.00 249,620.01 3.0% PARKS & RECREATION ADMINISTRATION 724,880.00 12,406.84 0.00 712.473.16 1.7% PARKS & RECREATION PROGRAMS 90,800.00 2,298.57 0.00 88,501.43 2.5% TOTAL COMMUNITY SERVICES 1,072,980.00 22,385.40 0.00 1,050,594.60 2.1 % POLICE 3,812,118.00 4,979.70 0.00 3,807,138.30 0.1% BUILDING & SAFETY: BUILDING & SAFETY - ADMIN 179,700.00 6,562.91 0.00 173,137.09 3.7% CODE COMPLIANCE 478,484.00 15,091.00 0.00 463,393.00 3.2% ANIMAL CONTROL 166,043.00 4,189.46 0.00 161,853.54 2.5% BUILDING 618,488.00 15,277.32 0.00 603,210.68 2.5% EMERGENCY SERVICES 96,524.00 154.65 0.00 96,369.35 0.2% FIRE 20,000.00 0.00 0.00 20,000.00 0.0% CIVIC CENTER BUILDING -OPERATIONS 1,087,551.00 18,420.40 0.00 1,069,130.60 1.7% TOTAL BUILDING & SAFETY 2,646,790.00 59,695.74 0.00 2,587,094.26 2.3% COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADM IN 469,000.00 12,026.90 0.00 456,973.10 2.6% CURRENT PLANNING 509,092.00 41,005.26 0.00 468,086.74 8.1% TOTAL COMMUNITY DEVELOPMENT 978,092.00 53,032.16 0.00 925,059.84 5.4% PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 202,200.00 7,883.68 0.00 194,316.32 3.9% DEVELOPMENT & TRAFFIC 610,557.00 20,128.68 0.00 590,428.32 3.3% MAINT/OPERATIONS - STREETS 1,081,135.00 15,175.53 0.00 1,065,959.47 1.4% MAINT/OPERATIONS - LTG/LANDSCAPING 1,350,699.00 9,670.90 0.00 1,341,028.10 0.7% CAPITAL PROJECTS 387,420.00 5,712.42 0.00 381,707.58 1.5% TOTAL PUBLIC WORKS 3,632,011.00 58,571.21 0.00 3,573,439.79 1.6% TRANSFERS OUT 1,656,965.27 29,215.83 0.00 1,627,749.44 1.8% GENERAL FUND REIMBURSEMENTS (3,200,790.00) (233,738.00) 0.00 (2,967,052.00) 7.3% NET GENERAL FUND EXPENDITURES 14 455,036.27 158,903.83 0.00 14,296,132.44 1.1% 088 V � V CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY LIBRARY FUND: PROJECT EXPENDITURES GAS TAX REIMBURSE GENERAL FUND TRANSFER OUT REIMBURSE GE QUIMBY FUND: TRANSFER OUT FEDERAL ASSISTANCE FUND: TRANSFER OUT 07/01 /2001 - 6/30/2002 REMAINING % BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED 0.00 0.00 0.00 0.00 0.0% 421,600.00 35,133.33 0.00 386,466.67 8.3% 0.00 0.00 0.00 0.0% TOTAL GAS TAX 421,600.00 35,133.33 0.00 386,466.67 8.3% 317,381.29 0.00 0.00 317 381.29 0.0% 31813.99 0.00 0.00 31813.99 0.0% SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 0.00 0.00 0.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.0% TOTAL SOUTH COAST AIR QUALITY 0.00 0.00 0.00 0.00 0.0% CMAQ/ISTEA TRANSFER OUT 287 423.00 0.00 0.00 287 423.00 0.0% VILLAGE Parking TRANSFER OUT 0.00 0.00 0.00 0.0% LA QUINTA PUBLIC SAFETY CONTRIBUTIONS 0.00 0.00 0.00 0.00 0.0% LLEBG FUND TRANSFER OUT 0.00 0.00 0.00 0.0% SLESF (COPS) TRANSFER OUT 0.00 0.00 0.00 0.0% LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 781,400.00 65,116.67 0.00 716,283.33 8.3% TRANSFER OUT 0.00 0.00 0.00 0.0% TOTAL LTG/LANDSCAPING FUND 781,400.00 65,116.67 0.00 716,283.33 8.3% INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.0% REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.0% TRANSFER OUT 4,486,415.30 14,751.08 0.00 4,471,664.22 0.3% TOTAL INFRASTRUCTURE 4,486,415.30 14,751.08 0.00 4,471,664.22 0.3% ASSESSMENT DISTRICT 2000-1 COSTS OF ISSUANCE 0.00 0.00 0.00 0.0% TRANSFER TO AGENCY FUND 0.00 0.00 0.00 0.0% TRANSFER OUT 682,553.47 0.00 0.00 682,553.47 0.0% TOTAL AD 2000-1 682,553.47 0.00 0.00 682,553.47 0.0% 089 CITY OF LA QUINTA 07/01/2001 - 6/30/2002 OTHER CITY FUNDS REMAINING % EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.0% TRANSFER OUT 2,809,819.03 (23.149.76) 0.00 2,832,968.79 -0.8% TOTAL TRANSPORTATION 2,809,819.03 (23,149.76) 0.00 2,832 968.79 -0.8% PARKS & RECREATION PROGRAM COSTS 0.00 0.00 0.00 0.0% TRANSFER OUT 2,060,000.00 0.00 0.00 2,060,000.00 0.0% TOTAL PARKS & RECREATION 2,060,000.00 0.00 0.00 2,060 000.00 0.0% CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 0.0% REIMBURSE GENERAL FUND 204,660.00 17,055.00 0.00 187,605.00 8.3% TRANSFER OUT 0.00 0.00 0.00 0.0% TOTAL CIVIC CENTER 204,660.00 17,055.00 0.00 187,605.00 8.3% LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 0.0% TRANSFER OUT 523,324.44 680.00 0.00 522,644.44 0.1 % TOTAL LIBRARY DEVELOPMENT 523 324.44 680.00 0.00 522,644.44 0.1 % COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.0% TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0.00 0.0% STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.0% TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 0.0% PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.0% TOTAL PARK FACILITY 0.00 0.00 0.00 0.00 0.0% CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 47,605.348.69 299,813.46 0,00 47,305,535.23 0.6% PROJECT REIMBURSEMENTS TO GEN FUND 1,199,876.38 0.00 0.00 1,199,876.38 0.0% TOTAL CAPITAL IMPROVEMENT 48,805,225.07 299,813.46 0.00 48,505,411.61 0.6% ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 0.00 1,100.00 0.00 (1,100.00) 0.0% OPERATING EXPENSES-APP 202,700.00 (1,060.00) 203,760.00 -0.5% ART PURCHASES 601,202.00 601,202.00 0.0% TRANSFER OUT 417,175.71 0.00 0.00 417,175.71 0.0% TOTAL ART IN PUBLIC PLACES 1,221,077.71 40.00 0.00 1,221,037.71 0.0% LQ NORTE (97-1) CIP FUND PROJECT EXPENSES 0.00 0.00 0.00 0.00 0.0% URBAN FORESTRY GRANT TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% VILLAGE PARKING TRANSFER OUT (1,892.85) 0.00 0.00 (1,892.85) 0.0% INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 407 250.00 21,405.95 385,844.05 5.3% EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 380 209.00 8,179.90 372 029.10 2.2% 090 I it. COUNCIL/RDA MEETING DATE: September 18, 2001 Approval of a Request by the California Public Employees Retirement System (Cal-PERS) to Utilize the Council Chambers for a Financial Planning Seminar for Retirees, October 23 and November 27, 2001, 8:00 a.m. to 4:00 p.m. C rA AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the request by CalPERS to utilize the Council Chambers for a Financial Planning Seminar for Retirees on October 23 and November 27, 2001, 8:00 a.m. to 4:00 p.m. In accordance with the Guidelines for Use of Civic Center Facility, facility fees are not applicable. None. CalPERS has requested that the Council Chamber be made available for a Financial Planning Seminar for Retirees on October 23 and November 27, 2001, 8:00 a.m. to 4:00 p.m. The request meets all the requirements of the facility use as contained in the City's Guidelines (Attachment 1). A complete application and flyer have been submitted (Attachment 2) for the City Council's consideration. The alternatives available to City Council include: 1. Approve the request by the California Public Employees Retirement System (CaIPERS) to utilize the Council Chambers for a Financial Planning Seminar for retirees on October 23 and November 27, 2001, 8:00 a.m. to 4:00 p.m.; or 091 2. Do not approve the request of CalPERS; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Building and Safety Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. City Guidelines 2. Application/flyer 09? 002 ATTACHMENT 1 CITY OF is QUnQTA GO ZLINSS FOR US$ OF CIVIC CFai= FACILITY 1. Council Chamber - seats 106. 2. Study Session Room - seats 33. 3. Groups are to use the Study Session Room unless. the' size, of the group- or the need for audio-visual . equipment necessitates use of the Council Chamber. 1. The primary use of the Council Chamber and Study Session Room is for the conduct of meetings for the entities listed below: a) City Council b) Planning Commission c) Community Services Commission d) Design Review Board- e) Art in Public Places f) Investment Task Force g) Other City appointed boards, commissions and committees III ORC•ANT?ATTONS QUALIFYING FOR USE APPLICATIONS 1. Other non-profit and Governmental Agencies, Sol(c) entities, that serve residents of La Quinta, may be granted permission by the City Council to use the facilities. 1. A person or group desiring to use Civic Center facilities must file an Application for Use Permit with the City Manager's Office. Applications must be completed and submitted -at least three calendar weeks prior to the scheduled event, unless otherwise waived by the City Council. 093 0C"-4 2. All qualified groups using the Council Chamber and Study Session Room must have $500,000 general liability insurance coverage per occurrence, . I i ct-; na the City = T - Quint-_ dditio a1 nampA inc "red. Groups that do not have insurance may purchase special event insurance through the City's insurance policy. 3. All applicants must indemnify and hold the City harmless from any and all losses and/or claims. Indemnification forms will be provided by the City and must accompany submittal of the Use Permit Application: 4. Users of the Council Chamber and Study Session Room - will be responsible for all damage to the building, appurtenances thereto, and shall be responsible for reimbursement to the City for any loss or damage to City property caused by such use. 5 . The City must be notified as soon as possible of any cancellations, so that the facility may be reassigned. 6. Approval shall be granted by the City Council. The City Manager is authorized to permit a use when the Council meeting schedule precludes Council* consideration in a timely manner. Approved permits will be issued to the person filing the application prior to the event. 7. In the interest of widest community use of the Civic Center facilities, no one non-profit community group shall use the facility more than eight (8) hours per month.* �.10) ;Wel y 1. The City shall charge for after hours use of Civic Center facilities. Said charge is to recover full cost for use of the facility (personnel, equipment, electricity, etc.) and shall be paid prior to the use. The hourly rate shall be established by the Council during the City's Annual Budget Review process. * Governmental Agencies are exempt from this requirement. 2. A refundable cleaning deposit is required. The City may withhold .all, or a .portion, of the deposit if cleanup is required. The deposit will be established based on the use as follows:* (a) Session Room = $200 (b) Council Chambers (up to•53 people) _ $300 (c) Council Chambers (54 people plus) _ $500 VI. 1. City owned.audio visual and public address equipment may be used, provided City staff is responsible.for its operation. DF000400• . 1. Any proposed use of the Council Chamber or Study Session Room Yge,�1v snhedu shall ed not meeting. lead to the cancellation of a 2. For non -City functions, use of the Chamber and Study Session Room shall not be prior to 8 a.m. or extend beyond 10 p.m. 3. Food, water, and -beverages shall not be consumed in the Civic Center facilities. 4. Smoking shall not be permitted anywhere in the Civic Center. 5. Juvenile organizations shall have adequate supervision when using Civic Center facilities at a ratio of not less than one adult per twenty minors. Disregard of this rule shall be considered cause for immediate cancellation of.the Use Permit. 6. Any approved Application for Use of Facilities may be revoked without previous notice where conflicting dates with a City purpose have subsequently developed. For other cause(s), permits may be revoked at any time upon 24 hours notice. * Governmental Agencies -are exempt from this requirement. 095 � 06 7. No animals,, except those necessary for disability assistance, are permitted in the Civic Center. 8. No admission fees may be charged, unless as a fund- raiser for the organization renting the facility. 9. These guidelines may be modified at the discretion of the City.Council. FY 1993/94 hourly rate for use of the facilities is $32 096 0v7 ATTACHMENT 2 F t aalsatiou. t Gt son (a) In- Charge: b5t-"L'6- ity aequented: C-MA New" of Event: Public Px�vat iption of Activity:-161-Z-5101.- _ , _ b - 3 2L->-3 y I-f 7— f te(a� o! use-_„1317-3 1Cit WWI 1 )j Sias 4f Group? 0� see of use: Start (a.=./p.M.)(a. P", ►taj uours of as a x s U, 00 lbaux Ortificate of Additional lnsurad Attaci d: ty Iaaurauce Re'"Ontod: Pee Paid: ,fundable Clea=:L g Deposit Paid: mssiom $200 xmsci.l. Chambsra (up to 53 pile) $300 nail. Chssbes$.....('5# .people plum) _ $500 mal Paid: 3,e underalgued hereby agrees to abide by the rul62 a=4 xe9u14tidXl5 r the city of La QuiaLa relating thne use of pubULO facilities. ate: �1 ��,�CJ� sigaaturo: �ozjt Required -For; a.L -Astumect- Date: IC: —Me pWr*es mafD4.P0 LUG OpVX*SftGaDA 4" SWW uG*COMOYL PL XnX--C.�oA a be in OXCIGO! at C" OW&;bg wdVaPs=d%mAVA. :pr ea.. WW&S;p ijO aOC AP ar.X&r.4pTr o! Ca• BC D}iAFioO for W"-.& aji lOA4iO3 -is MA40. bw1nil• prGOO&L wriC[wA isl �liR[ oA lYOa CA• 4=Olip �a s:po. 097 cJ Attention All Ca1PERS Retirees! Plan for your financial future aver retirement. Attend a CaMERS Financial Planning Seminar for Retirees ZI S FJMBI Increase your knowledge of; CalPERS IRetirernent 5enefits Social Security Financial Planning Estate Planning Lifestyle Changes' CalPERS Long Term Care Program CalPERS Health. Benefits Choose from a variety of dates and locations Fax or mail enclosod registration form .Bring. your spouse 098 T a 0 4,!t 4 QUAZ COUNCIL/RDA MEETING DATE: September 18, 2001 Approval to Distribute a Request for Proposals to Prepare Design Plans for a Third City Fire Station RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 45 STUDY SESSION: PUBLIC HEARING: Authorize the distribution of a Request for Proposals (RFP) for the preparation of architectural design plans for a City Fire Station, and appoint a Consultant Selection Committee. FISCAL IMPLICATIONS: None for this action. The design and land acquisition for the fire station is included in this fiscal year's Capital Improvement Budget. The funding for the project has not yet been determined but possible sources are the Infrastructure Fund and an amended Developer Impact Fee. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City is in the process of the potential upgrading of the level of fire and emergency services. One component of the upgrade is the construction of a third fire station in the northern portion of the City. The design phase for the project is included in this Fiscal Year's Capital Improvement Budget. The exact site for the station has not been determined but the process of selecting a design consultant is not dependent on designating the site. The procedure established by Resolution 98-15 will be utilized to select the consultant and is included as Attachment 1. The Request for Proposal document is included as Attachment 2. The Resolution calls for the formation of a Selection Committee. Staff is proposing that the Committee consists of the following staff members: • Tom Hartung, Building and Safety Director • Dodie Horvitz, Community Services Director • Christine di lorio, Planning Manager • Nick Nickerson, Consultant • Dorian Cooley, Battalion Chief The City Council may appoint one or two members to participate in, or observe the selection process. The tentative schedule is as follows: Issue Requests for Proposals Pre -proposal meeting Proposal due Oral presentations Recommendation to City Council Start Project Anticipated Completion date Receive Construction bids Construct Station FINDINGS AND ALTERNATIVES: September 19, 2001 October 11, 2001 November 2, 2001 Week of November 19, 2001 December 4, 2001 December 5, 2001 April 2002 May -June 2002 July -December 2002 The alternatives available to the City Council include: 1 . Authorize the distribution of a Request for Proposals (RFP) for the preparation of architectural design plans for a City Fire Station, and appoint a Consultant Selection Committee; or 2. Do not authorize the distribution of a Request for Proposals (RFP) for the preparation of architectural design plans for a City Fire Station, and do not appoint a Consultant Selection Committee; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Director of Building & Safety AWhomas d for submissi by• P. Genovese, City Manager Attachments: 1 . Resolution 98-15 100 2. Request for Proposals 0 2 ATTACHMENT 1 RESOLUTION NO. 98-15 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA REGARDING SOLICITATION AND SELECTION OF FIRMS AND AWARD OF CONTRACTS FOR THE FURNISHING OF SERVICES AND REPEALING RESOLUTION 96-80 WHEREAS, pursuant to Chapter 3.32 of the La Quinta Municipal Code (LQMC), the City Council desires to prescribe specific procedures and rules governing the solicitation and selection of firms and award of contracts for services; NOW, THEREFORE, the City Council of the City of La Quinta, California, does, resolve as follows: Applicability The procedures and rules herein prescribed shall apply to the solicitation and selection of firms and award of contracts for the furnishing of services pursuant to LQMC Chapter 3.32. Section 2: Contracts for major services Major services are defined as those services having an estimated value of twenty five thousand dollars or greater. The solicitation and selection of firms and award of contracts shall conform with LQMC Section 3.32.020 and the following: 1. Establishment. The City shall maintain a contract services registry (the "Registry") of firms providing commonly -required services. The Registry shall contain the names, addresses and telephone numbers provided by the firms, the particular categories of services each firm desires to provide and limited documentation as may be provided by each firm in support of qualifications and professional competence to perform the services. 2. Annual Notice. The City Clerk shall annually publish a notice inviting firms to submit or update their qualifications. The notice shall be published at least twice in a newspaper of general circulation. The City may prescribe a standard form with which interested firms must submit their qualifications. Biannually, the City Clerk shall mail notices to firms on the Registry requesting that they verify or update their qualifications materials. Any firm not responding to the notice shall be removed from the Registry. 101 Resolution No. 98-15 Page 2 --. B. Except as hereinafter provided, the selection of firms for major services shall conform with LQMC Section 3.32 and the following: 1. Form Selection Committee. The Selection Committee (Committee) shall comply with LQMC Section 3.32.020B. The City Council may authorize the retention of a private consultant to function as the Selection Committee. 2. Review Qualifications. The Committee shall review the Registry for qualifications of firms which offer the required services. If an insufficient number of qualified firms is found in the Registry, the Committee shall issue a Request for Statements of Qualifications (RFQ). The RFQ shall provide a general description of the services required and shall request that firms submit Statements of Qualifications to perform those services. 3. Select Short List of Most Qualified Firms. The Committee shall select a list of the most qualified firms (the "short list"). The short list shall include, where possible, at least three but normally not more than five firms. 4. Issue Request for Proposals. The Committee shall issue a Request for Proposals (RFP) to the firms appearing on the short list. The RFP shall contain, at a minimum, a project name, a detailed scope of services to be provided and the date and time by which proposals must be submitted. 5. Form of Proposals. The form of the proposals requested should be commensurate with the category and scope of the services desired and may require sealed fee proposals. a) For projects with well-defined scopes of work, the proposal may consist of an offer to perform the work defined in the RFP, a schedule of performance and a proposed fee. b) For projects with complex or poorly -defined scopes of work, proposals should include, where applicable, specific information regarding each firm's understanding of the project, proposed team, resources, approach, expanded scope of work, work schedule, schedule of fees, and, if appropriate, a fee proposal. c) Any individual or firm proposing to provide construction project management services shall provide evidence that the individual or firm and its personnel carrying out onsite responsibilities have expertise and experience in the services they are to provide. 102 Resolution No. 98-15 Page 3 6. Review Proposals. The Committee shall review the proposals received and may conduct interviews or hold discussions with the proposing firms. 7. Rank Short-listed Firms. The Committee shall rank the proposing firms according to criteria specified in LQMC Section 3.32.010. 8. Notify Firms. Following the selection process, firms on the short list shall be notified of their positions in the ranking. 9. Open Fee Proposals. Once firms have been notified of their positions in the ranking, the City Manager or representatives of the Department shall open and review the fee proposals (if any) to determine a range of apparently fair and reasonable value of the services to be performed. 10. Negotiate with the Top -Ranked Firm. After firms on the short list have been notified of their positions in the ranking, the City Manager and/or representatives of the contracting department shall, if necessary, negotiate with the top -ranked firm to arrive at mutually -acceptable contract terms. A --, 1 1. Terminate Negotiation and Begin Negotiation with Next -Ranked Firm. If an agreement cannot be reached with the top -ranked firm, negotiations shall begin with the next firm in the rankings. This process shall be repeated until negotiations are successfully concluded or until the list of qualified firms submitting proposals is exhausted and an agreement cannot be reached. Section 3: Contracts for minor services Minor services are defined as those services having an estimated value of less than twenty five thousand dollars. The solicitation and selection of firms and award of contracts shall conform with LQMC Section 3.32.030 and the following: A. The City Council may award contracts. B. The City manager may award and execute contracts exceeding ten thousand dollars with the approval of the City Council. C. The City Manager may award and execute contracts for ten thousand dollars or less, and may waive competitive bidding requirements if in the best interest of the City, provided there are adequate unencumbered appropriations in the fund accounts against which the expenses are to be charged. 103 L Resolution No. 98-15 Page 4 D. Department Directors may award and execute contracts for services of two thousand five hundred dollars or less with or without competitive bidding provided there are adequate unencumbered appropriations in the fund accounts against which the expenses are to be charged. Section -4: Exceptions. Exceptions to the procedures specified herein shall be as specified in LQMC Section 3.32.040 and as follows: A. For services other than those requiring the professional judgement of private architectural, landscape architectural, professional engineering, environmental, land surveying, and construction project management firms, fee proposals need not be sealed and may be opened and considered prior to the ranking of short-listed firms. B. The authority awarding any contract for which cost proposals are received may waive irregularities in the cost proposals provided that such waiver is in the best interest of the City and does not result in unfair advantage to any firm. Section 5: This Resolution supersedes and replaces Resolution 93-28. PASSED, APPROVED and ADOPTED this 3' day of March, 1998 by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None JOHN AIPEN"A-Mliyor City of La Quinta, California 104 Resolution No. 98-15 .-•� Page 5 ATTEST: AUNDRA L. JU OLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEY LL, City Attorney City of La Quinta, California 105 ATTACHMENT 2 CITY OF LA QUINTA REQUEST FOR PROPOSALS DESIGN AND CONSTRUCTION PHASE SERVICES FOR THE CITY OF LA QUINTA FIRE STATION n r / - The City of La Quinta requests proposals from qualified firms and/or individuals to plan and design a 6,000 to 8,800 square foot Urban or Heavy Urban fire station to be located in the northern portion of the City. The facility must be designed to meet the needs established by the Riverside County Fire Department which will staff the station under contract with the City. The selected consultant/project team members will require knowledge of fire station function and usage, citizen participation, and be able to maintain an excellent working relationship with the City. The consultant selected for this contract will concentrate on preparing architectural concept plans and construction documents for improvements as recommended by the City Council. In addition to the design plans, a menu of potential improvements with turnkey costs associated with each menu item will be presented. The consultant will prepare two sets of contract documents as needed to accommodate construction. The improvements will be designed in accordance with City of La Quinta standards and General Plan. Services and products to be rendered in performing all work associated with the planning, design, and construction management of the project will include, but are not limited to: • project management and schedule maintenance • field surveys, and base map preparation • utility coordination to obtain clearances • prepare up to three (3) preliminary conceptual architectural design plans (as needed) • prepare a menu of improvements with turnkey costs for City Council consideration • prepare final architectural design plan • prepare site drainage improvement plans • prepare and submit all required CEQA documents • prepare landscape and irrigation plans, including approval by other agencies. SAb&s\UP-&estation.wpd I , , . _ 106 v 9 • prepare contract documents, bid documents, and project specifications including, special and technical provisions, technical appendices and engineer's estimate • prepare staff reports to the City Council through approval to advertise project for bids • coordinate with City departments and outside agencies as required • coordinate bid advertisement and performing bid phase support • assist Public Works staff with construction contract negotiations and contract agreements • provide construction management and administration • provide construction surveys and grade sheet reviews, materials testing, submittal review • provide construction inspection (if required) The City intends to award contract for the needed services associated with this project to one firm. A single Project Manager will be designated by the consulting firm who has the experience to lead the project through the planning, design, and construction phase. This individual shall become the day-to-day liaison with City representatives in moving the project through the City's planning and design departments. A pre -proposal meeting will be scheduled for the 11 th day of October, 2001, at 10:30 a.m., at La Quinta City Hall in the Session Room, 78-495 Calle Tampico, La Quinta, California. Proposal packages (Work Proposals and Cost Proposals) are to be submitted in separate envelopes, clearly marked with the consultant's name, address and phone number. Work Proposals are to be submitted in the envelope marked "Work Proposals" and cost proposals are to be submitted in the envelope marked "Cost Proposal." Only one proposal per consultant will be considered. Work proposal packages are to be received by 5:00 p.m., Friday, November 2, 2001. Proposal packages are to be delivered to: Tom Hartung, Director City of La Quinta Building and safety Department 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 (760) 777-7013 All approved plans will be provided to the City on 3-1 /2" disks in AutoCAD 12 format as well as on "D" size Mylar and 1 1" X 17" format. All other approved documents, including technical specifications, will be provided on 3-1 /2" disks in WordPerfect 7.0 and Quattro Pro 7 for Windows 95 format. Project scheduling will be provided in Microsoft Projects 4.0 for Windows 95. SAb&s�"P-firestation.wpd 107 Generally, the project development process will be as follows: 1. Staff Review A. Initial meeting between the consultant and staff to identify project design constraints and objectives. B. The Consultant prepares preliminary architectural design concept drawing and presents to staff for review and comment. C. Based on direction received from staff, consultant will revise preliminary concept plans for screen check approval by staff. 2. City Council Review and Approval A. Screen check approved preliminary- concept plans will be submitted to the La Quinta Redevelopment Agency Board for review and comment. B. Based upon comments received from the La Quinta City Council , consultant will prepare final concept plans and resubmit the architectural design concept for City Council consideration for approval. 4. Final Design Phase A. The consultant will prepare plans, specification and estimates (PS&E) for approval by the City and County Fire. The consultant will coordinate the filing of applications necessary for plan checks, permits and service connections. The consultant will be expected to keep the City fully informed of the progress throughout the project, including the preparation and updating of a project schedule. 6. Bidding Phase A. The consultant will be expected to provide assistance in preparing the necessary documents and coordination to advertise the project for receiving bids. Technical support during the bidding and award process will also be required. 7. Construction Phase A. The consultant will provide construction observation ( a minimum of four hours per week) as directed by the City Engineer during the construction period. Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include a minimum of the following items: 1. Work Proposal (Envelope 1) - Submit six (7) copies limited to a maximum of 20 pages. A. Cover Letter i. The name, address and phone number of the consultant's contact person for the remainder of the selection process. ii. Any qualifying statements or comments regarding the consultant's proposal, relevant to the information provided in the RFP or the proposed contract. iii. Identification of sub consultants and responsibilities B. Statement of Qualifications i. A listing of proposed project personnel, including personal experiences and resumes for prime and sub consultants. ii. Consultant's and sub consultant experience with similar work, including names and current phone numbers of references for listed projects. C. Project Understanding and Approach i. A description of the project team's understanding of the project, and how the Consultant's firm will approach project development. D. Scope of Work Program I. A description of the tasks, sub tasks, and specific deliverables that will be provided. E. Schedule Requirements i. Anticipated date for a Notice to Proceed is December 5. 2001. ii. The Planning Commission meets the 2nd and 4th Tuesday of every month. iii. The City Council meets the 1st and 3rd Tuesday of every month. iv. The project is budgeted to be constructed in Fiscal Year 2002- 2003 V. A comprehensive CPM schedule is to be submitted describing the nature and scheduling of proposed tasks reflecting the Fiscal Year 2002-2003 construction date. The period required for each approval by the Commission and the City Council is estimated to require approximately 21 days and should be reflected in the proposed schedule. 109 SAb&s\RFP-firestation.wpd •. 2. Cost Proposal (Envelope 2) A. The consultant is to submit a detailed cost proposal for all services and materials including the firm's direct and indirect rate (with overhead) and percent of profit anticipated in completing the project as outlined in the RFP. Man hours and extended billing rates per classification of personnel will be indicated for each task and/or sub task defined therein. The consultant shall determine a not -to -exceed allowance for reimbursables included within the cost proposal. •1 • Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted in the Work Proposal. The Committee may choose to interview two or more closely -rated firms, but may not expect or schedule time for elaborate presentations by those consultants. Only after the ranking process is complete, will the cost proposal from the "top ranked" firm be opened. The City will open contract negotiations with the top -ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. The tentative schedule is as follows: Issue Requests for Proposals Pre -proposal meeting Proposal due Oral presentations Recommendation to City Council Start Project Anticipated Completion date September 19, 2001 October 11, 2001 November 2, 2001 Week of November 19, 2001 December 4, 2001 December 5, 2001 April 2002 110 SAb&s\"P-fuestation.wpd t_ 3 CITY OF LA QUINTA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SERVICES FOR THE CITY OF LA QUINTA FIRE STATION COST PROPOSAL SHEET The following is a summary of costs to provide the services outlined in the Request for Proposals for Design and Construction Services for the Fire Station and will be used as the basis for negotiating a Professional Services Agreement to provide these services. E Attached herein is a detailed man hour and fee breakdown for the tasks and subtasks defined in our proposal. Prime Consultant Date Signed 111 S:\b&s\RFP-firestation.wpd PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, (the "City"), a California municipal corporation, and , a California corporation, (the "Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF Consultant A. Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services related to the City Fire Station, as specified in the "Scope of Work" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant agrees 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. B. Consultant's Proposal. The Scope of Work shall include the Consultant'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. C. 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. D. Licenses, Permits, Fees and Assessments. 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. E. Familiarity with Work. By executing this Agreement, Consultant represents that (a) it has investigated and considered the work to be performed, (b) it has investigated the site of the work and acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by THE CITY, it shall immediately inform THE 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 5.B hereof). F. Care of Work. The Consultant 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 THE CITY, except such losses or damages as may be caused by THE 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 THE CITY, when such inaccuracies are due to the negligence of Consultant. G. Additional Services. In accordance with the terms and conditions of this Agreement, the Consultant shall perform services in addition to those specified in the Scope of Work (Exhibit "A") and the Project Schedule, attached 112 15 G. Additional Services. In accordance with the terms and conditions of this Agreement, the Consultant shall perform services in addition to those specified in the Scope of Work (Exhibit "A") and the Project Schedule, attached as Exhibit `B" hereto and incorporated herein by reference, 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 fifteen percent (15%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 2.0 DELIVERABLES. A. Generally. Consultant shall be responsible for preparation of Instruments of Service or deliverables as specified in the List of Deliverables (Exhibit "C"), attached hereto and herein incorporated by reference. All written deliverables shall be in an 8.5 inch by 11.0 inch camera ready reproducible format, printed on one side only, and on a 3.5" disk in Word Perfect 7 format. All graphic material shall be as specified in Exhibit "C" or as directed by the City. B. Meetings. The meetings corresponding to services for this contract are set forth in the Lists of Meetings, attached as Exhibit "D" and herein incorporated by reference. The List of Meetings may be amended by mutual consent of the CITY' S CONTRACT OFFICER , and Consultant. C. Monthly Progre�ports. Consultant shall submit to THE CITY a written monthly progress report attached to the request for payment. These reports are considered a deliverable and, as such, a condition of this Agreement. Each progress report shall include, at a minimum, the following: • For each Task, a brief statement of the work performed since the last monthly progress report; • For each Task, a comparison of actual accomplishments to established objectives, milestones and/or deadlines; • Identification of reason(s) for "slippage" or "delay" if deadlines were not met or for failure to meet objectives or milestones. • Discussion of any issues that may have arisen or are expected to arise, problems encountered, changes in personnel, etc., that could affect or are affecting the work. • Discussion of any proposed changes in or amendments to the Scope of Work, attached hereto and herein incorporated by reference, and any delays or deviations from the Project Schedule, attached as Exhibit "B" hereto and incorporated herein by reference. • Work planned for the next reporting period and anticipated accomplishments. Each monthly progress report shall be updated to reflect an entire calendar month and subsequently submitted as a required attachment to any request for payment submitted by Consultant. Receipt and approval of monthly progress reports by THE CITY is mandatory prior to any issuance of payment to Consultant. D. Qum, U12date. THE CITY may require that Consultant update the Project Schedule on a quarterly basis, dependent upon the nature and number of extensions that may have been previously approved. These updates are considered a deliverable and, as such, a condition of this Agreement. 113 3.0 COMPENSATION. A. Agreement Sum. For services rendered pursuant to this Agreement, THE CITY shall pay to Consultant an amount not to exceed in accordance with the "Project Budget ", dated, and attached as Exhibits "E", and "Hourly Rates" as specified in a letter dated, attached as Exhibit "F", each Exhibit which is incorporated herein by reference. B. Maximum Amount of Allowable Costs. The "Project Budget " and "Hourly Rates" attached as Exhibits "E & F", states the maximum allowable costs ("total costs" as shown in the last column) for each of the tasks identified in the "Scope of Work" Exhibit "A" and supplements thereto, all of which are attached and incorporated herein by reference. To shift funds from task to task in order that the maximum allowable cost for any task is to be increased or decreased requires the mutual consent of THE CITY'S CONTRACT OFFICER, and the Consultant. Preparation and distribution of a letter of confirmation by Consultant shall be incorporated as a matter of record into this Agreement upon mutual consent to shift funds. C. Payment to Consultant. Payment shall be made to Consultant only. It shall be the responsibility of Consultant to pay all Consultants, subConsultants and/or vendors for purchased goods or services. D. Payment in Arrears. Payment to Consultant shall be made in arrears, not more frequently than once every month, except that advance payments may be made for expenses related to - "Workshops" when circumstances dictate and when approved by THE CITY. E. Total of Invoices. The total of all invoices for tasks submitted by Consultant shall not exceed the amount set forth in the AGREEMENT SUM above. F. Actual Costs. Reimbursement for the services of Consultant shall be based upon actual expenses incurred. G. Method of Payment. 1). Consultant shall prepare a checklist of milestones (Project Milestones for Progress Payments, Exhibit "G"), such as meetings (List of Meetings attached as Exhibit "D"), and/or deliverables (List of Deliverables attached as Exhibit "C") or other readily identifiable achievements, together with the percent of work represented by that milestone, deliverable, and/or achievement of the total work to be completed to fulfill the terms and conditions of this Agreement. A corresponding entry for each milestone, deliverable, and/or achievement shall be included in the Project Schedule, attached as Exhibit "B" and incorporated herein by reference. Subsequent to THE CITY'S approval of this checklist, payment up to and including ninety percent (90%) of the maximum allowable cost for each task shall be made to Consultant in accordance with the checklist. By way of example, for a month in which Consultant prepares and submits to THE CITY a draft report which is identified on the checklist as representing thirty percent (30%) of the total work to complete that Task, Consultant may request payment in the amount of thirty percent (30%) of the maximum allowable cost for that task. THE CITY shall make payment to Consultant for all such requests for payment up to but not exceeding an amount greater than ninety percent (90%) of the maximum allowable cost for that task. Aforementioned Project Milestones for Progress Payments as approved by THE CITY is attached as Exhibit "G" an incorporated herein by reference. 2). THE CITY shall withhold and retain ten percent (10%) of the maximum allowable cost for each of the aforementioned tasks. Upon completion of work in accordance with the terms and conditions of this Agreement and the Project Milestones for Progress Payments as approved by THE CITY and attached as Exhibit "G" and herein incorporated by reference, THE CITY shall release an amount up to but not exceeding this remainder ten percent (10%) as a lump sum payment to Consultant, upon receipt, review and approval of the La Quinta Museum Expansion. Consultant's obligations under the terms of this AGREEMENT shall be deemed discharged_fgfn vli issuance of the final monthly payment. 3). Payment of Reimbursable. Reimbursable expenses shall be paid in full with every invoice. In no event shall Consultant be reimbursed for any expense related to the purchase and/or consumption of any alcoholic beverage. Costs related to reproduction, printing, and supplies shall be reimbursed on the basis of actual charges. H. Responsibilities of Consultant. In any month for which Consultant is entitled to payment, Consultant shall submit to THE CITY'S Contract Officer a written request for payment that conforms to the following: • Submitted by or on the tenth day of the following month; • Submitted in a format prescribed by THE CITY. • Submitted together with a monthly progress report. • Submitted together with supporting documentation (bids, receipts, canceled checks, invoices, etc.) or in a format approved by the City. I. Responsibilities of THE CITY. THE CITY'S Contract Officer shall review all requests for payment to determine whether services performed and deliverable(s) submitted are consistent with this Agreement. Upon approval by the Contract Officer, payment to Consultant shall be made as promptly as fiscal procedures permit, generally within 30 days. J. Disputes. In the event of a disputed or contested request for payment, only that portion so disputed or contested shall be withheld from payment and the undisputed portion shall be paid. Consultant'S failure to provide legible receipts shall be grounds for non -reimbursement of related charges. THE CITY shall notify Consultant in writing of the basis of the dispute or contest. K. Records. THE CITY shall have the right to review all books and records kept by Consultant and any sub -Consultants in connection with the operation and services performed under this Agreement. THE CITY shall withhold payment for any expenditure not substantiated by Consultant'S or sub -Consultants' books or records. Consultant shall ensure that such books and records are retained for a period of three (3) years after satisfaction of the terms of this Agreement and that THE CITY shall have reasonable access to said books and records. L. Task Budget Amendments; Obligation of Consultant. It shall be the responsibility of Consultant to notify THE CITY that there is a need to consider shifting funds from task to task in order to increase or decrease the maximum allowable cost. Notice shall be given to THE CITY within a reasonable amount of time of discovering the need for revision such that THE CITY may duly consider the need and subsequent impacts upon the work to be completed and the Project Schedule. 4.0 PERFORMANCE SCHEDULE A. Schedule of Service: Consultant will perform services as expeditiously as is consistent with professional skill and care and the orderly progress of the project. B. Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the "Schedule of Performance" (also referred herein as the "Project Schedule") attached hereto as Exhibit "B" and incorporated herein by this reference. Extensions and amendments to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. C. Force Majeure. The time period specified in the Schedule of Performance (also referred herein as the Project Schedule) attached hereto as Exhibit "B" 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 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 the Consultant 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 judgment such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. D. Term. Unless earlier terminated in accordance with Section &H 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 (Project Schedule) attached hereto as Exhibit "B". 5.0 COORDINATION OF WORK A. 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: 1. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for THE 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 THE CITY. B. Contract Officer. The Contract Officer shall be the City Manager or his designee of THE CITY. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by THE CITY to the Contract Officer. Unless otherwise specified herein, any approval of THE CITY required hereunder shall mean the approval of the Contract Officer. C. Prohibition Against Subcontracting or Assi ng ment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for THE CITY to enter into this Agreement. Therefore, Consultant shall not contract with any other entity (other than those included in the Scope of Services) 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 THE CITY. D. Independent Consultant. Neither THE 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 Consultant of THE CITY and shall remain at all times as to THE CITY a wholly independent Consultant 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 THE CITY. E. THE CITY Cooperation. THE CITY shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed which are reasonably available to THE CITY. THE CITY shall additionally provide Consultant staff assistance and shall take prompt and G. B appropriate action when it will assist in ensuring timely performance by Consultant hereunder. 6.0 INSURANCE, INDEMNIFICATION AND BONDS. A. Insurance. The Consultant 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 Consultant's negligent or wrongful acts or omissions, to the extent of the Consultant's negligence or wrongfulness, rising out of or related to Consultant's performance under this Agreement. Consultant 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 THE CITY. 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 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 as to the Consultant's liability hereunder shall be delivered to and approved by THE CITY prior to commencement of the services hereunder. 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 THE CITY, its Consultants or employees. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Coverage (personal injury/property dama�;e� Less than $50,000 $100,000 per individual; $300,000 per occurrence; $600,000 in the aggregate $509000 - $3009000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence B. Indemnification. The Consultant 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 Consultant, its officers, employees and agents, arising directly or indirectly out of or related to Consultant's negligent or wrongful performance and to the extent of the Consultant's negligent or wrongful performance under this Agreement, except to the extent of such loss as may be caused by THE CITY's own negligence or wrongfulness or that of its officers or employees. C. Performance Bond. (Not Applicable to this Agreement). D. Payment Bond. (Not Applicable to this Agreement). E. Remedies. In addition to any other remedies THE 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, at its sole option: 1). Order the 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. 2). Terminate this Agreement. 117 Cn0 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 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 subConsultants' performance of work under this Agreement. 7.0 RECORDS AND REPORTS. A. Reports. Consultant 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. B. 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 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. C. 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, subConsultants and agents in the performance of this Agreement, shall be the property of THE CITY and shall be delivered to THE CITY upon the 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 THE CITY of its full rights of ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied herein. Consultant shall cause all sub -Consultants to assign to THE CITY any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify THE CITY for all damages suffered thereby. D. 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, or if Consultant must use in defense of a claim. Consultant 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. 8.0 ENFORCEMENT OF AGREEMENT. A. 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. B. 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 18 party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit THE CITY's right to terminate this Agreement without cause pursuant to Section 8.H. C. Retention of Funds. THE CITY may withhold from any monies payable to Consultant sufficient funds to compensate THE CITY for any losses, costs, liabilities or damages it reasonably believes were suffered by THE CITY due to the default of Consultant in the performance of the services required by this Agreement. D. 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. THE CITY's consent or approval of any act by Consultant requiring THE CITY's consent or approval shall not be deemed to waive or render unnecessary THE 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. E. Riiahts 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. F. Le2al 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. G. LIQUIDATED DAMAGES. (Not Applicable to this Agreement). H. Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.I 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 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 Project Budget (Exhibit "E") or such as may be approved by the Contract Officer, except as provided in 8.C. I. Termination For Default Of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, THE CITY may, after compliance with the provisions of 83, take over the work and prosecute the same to completion by contract or otherwise, and the 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 THE CITY shall use reasonable efforts to mitigate such damages), and THE CITY may withhold any payments to the Consultant for the purpose of set off or partial payment of the amounts owed THE CITY as previously stated in 8.C. J. 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. 9.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION. A. Non -liability of City Officers and Employees. No officer or employee of THE CITY shall be personally 119 2, 2 liable to the Consultant, 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 Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. B. 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 Consultant 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. C. 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. 10.0 MISCELLANEOUS PROVISIONS A. 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 IO.A. To City: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 Attention: City Manager To Consultant: B. 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. C. 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. D. 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. E. 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. 1?0 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 , a California corporation CITY OF LA QUINTA, a California Charter and Municipal Government 0 THOMAS P. GENOVESE, City Manager "CITY" By: Name: Title: Dated: "Consultant" P24 EXHIBITS "A" Scope of Services "B" Project Schedule "C" List of Deliverables "D" List of Meetings "E" Project Budget ' F" Hourly Rates "G" Project Milestones for Progress Payments EXHIBIT "A" SCOPE OF SERVICES 123 EXHIBIT "B" PROJECT SCHEDULE 124 EXHIBIT "C" LIST OF DELIVERABLES Note: All written material will be in WordPerfect 7. Diskette copies of the final and approved Community Park Master Plan documentation are required. All data, information, materials and work produced including final camera ready text, maps and graphics including all digital files will become the sole property of the City of La Quinta. 125 r �, EXHIBIT "D" LIST OF MEETINGS 126 EXHIBIT "E" PROJECT BUDGET 127 O EXHIBIT "F" HOURLY RATES �31 EXHIBIT "G" PROJECT MILESTONES FOR PROGRESS PAYMENTS 129 04, COUNCIL/RDA MEETING DATE: September 18, 2001 ITEM TITLE: Authorization for Overnight Travel for the Public Works Assistant Engineer I to Attend the Basic Traffic Signal Design Seminar Sponsored by the University of California Berkeley, Institute of Transportation Studies in Santa Clara, California on October 2, 2001 through October 4, 2001 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Public Works Assistant Engineer I to attend a 3-day Basic Traffic Signal Design Seminar sponsored by the University of California Berkeley, Institute of Transportation Studies in Santa Clara, California on October 2, 2001 through October 4, 2001. 11 12 TATV It•] � The breakdown of estimated expenditures for this training is as follows: ► Registration $ 255.00 ► Room $ 450.00 ► Travel $ 350.00 ► Meals $ 100.00 Total $ 1155.00 Funds have been approved for this conference as part of the Fiscal Year 2001 /2002 Budget in the Public Works Development/Capital Projects Travel and Training Account #101-456-637-000. None. 130 The Basic Traffic Signal Design Seminar is sponsored by the University of California Berkeley, Institute of Transportation Studies. This training is for the public agency engineer with little or no experience in the preparation of traffic signal plans. Various topics to be discussed include concepts and standards relating to the design of traffic signals including signal phasing and phase diagrams, controller units, cabinets and poles, vehicle and pedestrian detectors, preparation of contract plans, specifications, and estimates. The course includes lectures, sample problems, and an exercise in which students prepare a complete traffic signal plan. This course will be very beneficial for the Public Works Capital Projects Assistant Engineer I for the upcoming traffic signal projects including but not limited to: Calle Tampico & Avenida Bermudas Signal Improvements, Calle Sinaloa & Avenida Bermudas Signal Improvements, along with the various traffic signals just installed with the recently completed Jefferson Street Improvement Project. The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Public Works Assistant Engineer I to attend a 3-day Basic Traffic Signal Design Seminar sponsored by the University of California Berkeley, Institute of Transportation Studies in Santa Clara, California on October 2, 2001 through October 4, 2001; or 2. Do not approve authorization for overnight travel for the Public Works Assistant Engineer I to attend a 3-day Basic Traffic Signal Design Seminar sponsored by the University of California Berkeley, Institute of Transportation Studies in Santa Clara, California on October 2, 2001 through October 4, 2001; or 3. Provide staff with alternative direction. Respectf,Wlly submitted, IfChris A. Vogt Public Works ctor/City Engineer ro ed for submission Thomas P. Genovese City Manager 131 r .w T:\PWDEPT\C0UNCIL\2001 \010918a.wpd AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 18, 2001 7 CONSENT CALENDAR: STUDY SESSION: Approval of Changes to the Temporary Art Donation and Acceptance PUBLIC HEARING: Agreement RECOMMENDATION: Approve the change to the Temporary Art Donation and Acceptance Agreement, paragraph six (6), to increase the time frame from twenty one (21) days to thirty (30) days for artwork removal. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the July 26, 2001 Cultural Arts Commission meeting, the Commission discussed the Temporary Donation and Acceptance Agreement (Attachment 1), specifically paragraph six (6), regarding the removal of the artwork. Paragraph six (6) states that should the City determine it no longer wishes to display the artwork, the artist shall remove the artwork within 21 days of the Notice of Termination. The Commission has been approached by two artists who desire to participate in this program. However, the artists believe that the time frame of 21 days too restrictive. The Cultural Arts Commission is requesting the time frame in paragraph six (6) be changed to read "....artwork shall be removed by the Donor at no cost to the City within thirty (30) days of the Notice of Termination by the City." The additional 9 days will allow for the artist to be contacted and make arrangements for the art work to be removed. As a point of clarification, the original title of the Temporary Donation and Acceptance Agreement is being re -titled the Temporary Art Donation and Acceptance Agreement. The addition of the word "Art" to the title of the program clarifies the program's intent. 132 Attachment 2 provides a redline version of paragraph six (6) and the title change and Attachment 3 provides the revised paragraph six (6) and title reflecting the proposed change. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the change to the Temporary Art Donation and Acceptance Agreement, paragraph six (6), to increase the time frame from twenty one (21) days to thirty (30) days for artwork removal; or 2. Do not approve the change to the Temporary Art Donation and Acceptance Agreement, paragraph six (6), to increase the time frame from twenty one (21) days to thirty (30) days for artwork removal; or 3. Provide staff with alternative direction. Respectfully submitted, „�,I Mr I.. - Attachments: munity Services Director Approved for submission by: Thomas P. Genovese, City Manager 1. Temporary Donation and Acceptance Agreement 2. Redline Version of Paragraph Six and Title 3. Proposed Change to Paragraph Six and Title 133 C., 0 2 S:\Community Services\CCReports\CC.143.Temporary Art Contract.wpd ATTACHMENT 1 TEMPORARY DONATION AND ACCEPTANCE AGREEMENT This Temporary Donation and Acceptance Agreement (the "Agreement") is entered into this day of 2001, by and between the City of La Quinta ("City") and ("Donor"). WHEREAS, the City wishes to accept and the Donor wishes to donate on a temporary basis an artwork more fully described in Exhibit "A" attached hereto and incorporated herein by this reference; and, WHEREAS, the City desires to increase public awareness and exposure to the arts in a cost effective manner for the general welfare and benefit of the City's residents; and, WHEREAS, the Donor is interested in making the temporary donation to the City to be displayed at the City's discretion. NOW, THEREFORE, the parties hereto agree as follows: 1. The City shall accept the temporary donation of the artwork described in Exhibit "A" for a period of 2. Donor agrees that the City shall have sole and absolute determination as to the location and placement of the artwork. In the event Donor does not approve of the proposed location this Agreement may be canceled. 3. All transportation and installation, costs for display at the City's identified location shall be -borne by the Donor. All plans and installations for the artwork shall be approved by the appropriate City and/or other government officials. 4. Donor shall provide City with written instructions for appropriate maintenance and preservation of the artwork and shall either provide such service to the City or provide sufficient funds to provide for that service during the period of the donation. 5. Donor agrees that the entire risk of loss or damage to the artwork is borne by the Donor throughout the entire period of the donation as well as installation and removal costs. Donor shall provide for all insurance covering the risk of loss or damage to the artwork. 6. In the event that the City determines, at its sole discretion, that it no longer desires to display the artwork, then this Agreement may be terminated upon a thirty (30) days notice and the artwork shall be removed by the Donor at no cost to City within twenty-one (21) days of the Notice of Termination by the City. City shall have the right to dispose of any artwork which has not been removed pursuant to the Notice under this paragraph, or within 30 days after SXommunity Services\TEMPORARY ART PROGRAM\APPIIOVED Temporary Loan Agreement.wpd 134 (. 0 4 Temporary Donation and Acceptance Agreement the expiration of the donation period where no early termination notice is provided. Such failure to remove the artwork shall be deemed to transfer the temporary donation into a permanent donation with the City obtaining full title to the artwork. 7. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 ems., and all other rights in and to the Artwork except ownership and possession, except as such rights are limited by this Agreement. 8. A plaque identifying the Donor and/or artist shall be installed and maintained near the artwork, by the City. 9. This Agreement, consisting of pages and exhibits, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth hereinabove. 10. No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. 11. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. 12. This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 13. In. addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District Court in the district of California which includes Riverside County. 14. If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees, incurred by the prevailing party in connection with the legal action or proceeding. 15. This Agreement shall be binding upon and shall inure to the benefit of the City and the Donor, and their respective heirs, personal representatives, successors and permitted assigns. 16. All notices, requests, demands and other communications which are required or permitted .135 S:\Community Services\TEMPORARY ART PROGRAM\APPb2LOVED Temporary Loan Agreement.wpd (. + j Temporary Donation and Acceptance Agreement to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, returned receipt requested, postage prepaid, as follows: a. if to the City, to: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: Community Services Director b. if to the Donor, to: 17. With respect to acts, errors or omissions in the performance of Donor's obligations hereunder, Donor agrees to indemnify and hold harmless the City and its officers, agents, employees, and representatives from and against any and all claims, demands, defense costs, liability or consequential damage of any kind or nature arising out of Donor's (including its subcontractors, agents, employees, assigns or licensees) negligent and/or willful acts, errors or omissions in the performance of Donor's obligations under this Agreement. 18. With respect to acts, errors or omissions in the performance of the City's obligations hereunder, the City agrees to indemnify and hold harmless Donor from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising out of the City's (including its contractors') negligent and/or wilful acts, errors or omissions in the performance of the City's obligations under this Agreement. The foregoing indemnities shall be in effect without regard to the maintenance of insurance coverage for any such loss, costs, claims, damages or expenses. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written below. Date CITY: CITY OF LA QUINTA, a California municipal corporation 0 JOHN PENA, Mayor City of La Quinta, California 136 SXommunity Services\TEMPORARY ART PROGRAM\APPB3OVED Temporary Loan Agreement.wpd Temporary Donation and Acceptance Agreement ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Date DONOR: "Donor" 13'7 S:\Community Services\TEMPORARY ART PROGRAM\APP14OVED Temporary Loan Agreement.wpd --ATTACHMENT 2 TEMPORARY ART DONATION AND ACCEPTANCE AGREEMENT This Temporary Donation and Acceptance Agreement (the "Agreement") is entered into this day of 2001, by and between the City of La Quinta ("City") and ("Donor"). WHEREAS, the City wishes to accept and the Donor wishes to donate on a temporary basis an artwork more fully described in Exhibit "A" attached hereto and incorporated herein by this reference; and, WHEREAS, the City desires to increase public awareness and exposure to the arts in a cost effective manner for the general welfare and benefit of the City's residents; and, WHEREAS, the Donor is interested in making the temporary donation to the City to be displayed at the City's discretion. NOW, THEREFORE, the parties hereto agree as follows: 1. The City shall accept the temporary donation of the artwork described in Exhibit "A" for a period of 2. Donor agrees that the City shall have sole and absolute determination as to the location and placement of the artwork. In the event Donor does not approve of the proposed location this Agreement may be canceled. 3. All transportation and installation, costs for display at the City's identified location shall be -borne by the Donor. All plans and installations for the artwork shall be approved by the appropriate City and/or other government officials. 4. Donor shall provide City with written instructions for appropriate maintenance and preservation of the artwork and shall either provide such service to the City or provide sufficient funds to provide for that service during the period of the donation. 5. Donor agrees that the entire risk of loss or damage to the artwork is borne by the Donor throughout the entire period of the donation as well as installation and removal costs. Donor shall provide for all insurance covering the risk of loss or damage to the artwork. 6. In the event that the City determines, at its sole discretion, that it no longer desires to display the artwork, then this Agreement may be terminated upon a thirty (30) days notice and the artwork shall be removed by the Donor at no cost to City within - thirty (30) days of the Notice of Termination by the City. City shall have the right to dispose of any artwork which has not been removed pursuant to the Notice under this paragraph, or within SACommunity Services\TEMPORARY ART PROGRAM\APPIIOVED Temporary Loan Agreement.wpd �: `' ATTACHMENT 3 TEMPORARY ART DONATION AND ACCEPTANCE AGREEMENT This Temporary Donation and Acceptance Agreement (the "Agreement") is entered into this day of 2001, by and between the City of La Quinta ("City") and ("Donor"). WHEREAS, the City wishes to accept and the Donor wishes to donate on a temporary basis an artwork more fully described in Exhibit "A" attached hereto and incorporated herein by this reference; and, WHEREAS, the City desires to increase public awareness and exposure to the arts in a cost effective manner for the general welfare and benefit' of the City's residents; and, WHEREAS, the Donor is interested in making the temporary donation to the City to be displayed at the City's discretion. NOW, THEREFORE, the parties hereto agree as follows: 1. The City shall accept the temporary donation of the artwork described in Exhibit "A" for a period of 2. Donor agrees that the City shall have sole and absolute determination as to the location and placement of the artwork. In the event Donor', does not approve of the proposed location this Agreement may be canceled. 3. All transportation and installation, costs for display at the City's identified location shall be -borne by the Donor. All plans and installations for the artwork shall be approved by the appropriate City and/or other government officials. 4. Donor shall provide City with written instructions for appropriate maintenance and preservation of the artwork and shall either provide such service to the City or provide sufficient funds to provide for that service during the period of the donation. 5. Donor agrees that the entire risk of loss or damage to the artwork is borne by the Donor throughout the entire period of the donation as well as installation and removal costs. Donor shall provide for all insurance covering the risk of loss or damage to the artwork. 6. In the event that the City determines, at its sole discretion, that it no longer desires to display the artwork, then this Agreement may be terminated upon a thirty (30) days notice and the artwork shall be removed by the Donor at no cost to City within thirty (30) days of the Notice of Termination by the City. City shall have the right to dispose of any artwork which has not been removed pursuant to the Notice under this paragraph, or within 30 days after 13.9 S:\Community Services\TEMPORARY ART PROGRAM\APPIIOVED Temporary Loan Agreement.wpd 0 COUNCIL/RDA MEETING DATE: September 18, 2001 Approval of the Art Purchase Agreement for the Point Happy Art Feature RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Art Purchase Agreement for the Point Happy Art Feature. FISCAL IMPLICATIONS: At the August 21, 2001 City Council meeting, the City Council authorized $94,950 from the Art in Public Places Account for the purchase of the Point Happy Art Feature. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The developers of the Point Happy Center on the northwest corner of Washington Street and Hwy. 111 would like to include an Art in Public Places piece in the center of the development. The art piece consists of a group of four Native American women surrounded by a fountain, as provided in Attachment 1. The sculpture is located on the north end of the fountain with the water flowing south to the end of the fountain. Section A, located at the bottom of Attachment 1 provides a cross view of the fountain with the art piece. At the August 21, 2001 City Council meeting, the City Council approved the Point Happy Art Feature contingent upon the location being safe for pedestrians to visit the art piece as well as not obscure the view for traffic. The Public Works Director, Community Development Director and Community Services Director visited the proposed location and it was determined that the location of the art piece would not create a safety problem for pedestrians or the flow of traffic. An Art Purchase Agreement is provided as Attachment 2. It is anticipated that once the Art Purchase Agreement is approved, the artists will begin work on the art piece. 140 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Art Purchase Agreement for the Point Happy Art Feature; or 2. Do not approve the Art Purchase Agreement for the Point Happy Art Feature; or 3. Provide staff with alternative direction. i pctfully submitted, ie Horv' z mmunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Water Feature Plan 2. Art Purchase Agreement 141 C,- 0 2 S:\Community Services\CCReports\CC.154.Art Purchase Agreement Point Happy Art Piece.wpd -T TTACHMENT1 �� ? a D � mr�oC j2F Irk n• isr �m 0.".> m n 1 � 6 f POINT HAPPY John C. kri99 • � _ INaM SCLkjr URf & "STORK ARTIFACT WATE RFEATURE a�� • i • �� Agp{ ,T ♦ • •, ' 1 ONG ra an 1a71! :'�: �� • • �� • w CfJ�IE* a ti[rw•a. I I, a wnNaQlOw U OuwiA G @17 �raa-� tmn ml-10.0� ATTACHMENT 2 ART PURCHASE AGREEMENT THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this 5`' day of June, 2001, by and between THE CITY OF LA QUINTA, a California municipal corporation (the "City"), and MADISON DEVELOPMENT, LLC (Developer) and FELICIA (Artist). RECITALS A. The Developer is currently constructing a retail center on the northwest corner of Washington Street and Highway 111. To meet the requirements for artwork pursuant to Chapter 2.65 of the City Municipal Code, the Developer is commissioning the fabrication and installation of certain ARTWORK (the "Artwork") to be installed and displayed by the Developer at the SITE LOCATION which is the terminus of the northwest corner of Washington Street and Highway III (the "Site Location"). NOW, THEREFORE, the parties hereto, for the consideration and under the conditions hereinafter set forth, hereby mutually agree as follows: ARTICLE I. SCOPE OF SERVICES 1.1 Scope of Design Services. Developer and/or Artist shall prepare or cause to be prepared, any required approvals for all shop drawings, details, and samples, and shall do all other things necessary and incidental to the performance of the Developer's and/or Artist's obligations pursuant to this Agreement. 1.2 Scope of Fabrication Services. Artist shall fabricate, transport and install the Artwork pursuant to and by the times set forth in the Scope of Design Build Services and the Schedule of Performance attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this reference. The City shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit to the City monthly progress narratives, including photographs, as required by the Schedule of Performance (Exhibit B). The narratives shall include the percentage of the Artwork completed to date, along with an estimated completion date. Artist shall furnish all tools, equipment, apparatus, facilities, plant, labor, services, materials, and all utilities and transportation, including power, fuel, and water, and to perform all work necessary to construct, transport and install in a good and workmanlike manner the scope of work set forth in the Scope of Design Build Services (Exhibit A), or reasonably inferable therein, together with the appurtenances thereto, at the Site Location. It is understood and agreed that all said plant, labor, services, materials, equipment, and facilities shall be furnished and said work performed and completed by Artist as an independent contractor, subject to the inspection and approval of the City or its representatives. 143 S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, Point Happy.wpd Page 1 of 18. C, 0 5 The Developer shall present to the City in writing for further review and approval any and all significant changes in the scope, design, color, size, material or texture, of the Artwork not permitted by or not in substantial conformity with the approved working drawings and the Scope of Design Build Services (Exhibit A). A significant change is any change in the scope, design, color, size, material, texture, or Site Location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services (Exhibit A). Developer and Artist shall at all times maintain proper facilities and provide safe access for inspection of the Artwork by the City, its engineer or representatives, and to the sites wherein the Artwork is located prior to installation. Where specifications require work to be specially tested or approved, it shall not be tested without timely notice to the City, of its readiness for inspection and without the approval thereof, or consent thereto by the City. The Developer and/or Artist shall promptly notify the respective departments or official bodies when its work is ready for inspection and shall, at once, do all work required to remove any violations or to comply with such inspections, without additional charge to the City. The Developer and/or Artist shall perform all work necessary to obtain approvals from the authorities mentioned above without additional cost to the City. 1.3 Change Orders. In addition to the change orders and extra work specified and provided for in the Scope of Design Build Services (Exhibit A), the City may at any time during the progress of the completion and installation of the Artwork and up to the date of the issuance of a Notice of Completion as hereinafter defined, when in the City's reasonable determination the public interest and necessity so require, request any alterations, deviations, additions to or omissions from this Agreement, Scope of Design Build Services (Exhibit A), or. the work, labor and materials to be furnished thereunder, and the same shall in no way affect or make void this Agreement. Developer and Artist shall adhere strictly to the Scope of Design Build Services (Exhibit A), unless a change therefrom is authorized in writing. In such case, the terms of said change shall be understood and agreed upon in writing by the City, Developer and Artist before commencement of said revised work. 1.4 Post -Fabrication Services. a. The Developer and/or Artist shall notify the City in writing when fabrication of the Artwork is completed and ready for delivery and installation at the Site Location which is designated in Exhibit A and B, attached hereto and incorporated herein by reference. b. Upon completion and at all times during fabrication and installation, the Artwork shall comply with all applicable statutes, ordinances and regulations of any governmental agency having jurisdiction over the Artwork. 14, S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, Point Happy.wpd Page 2 of 18 C, 0 6 1.5 Post -Installation. a. The Artist shall be available at such reasonable time or times as may be agreed between the City, Developer and Artist to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork. b. The Developer shall use reasonable efforts to arrange for publicity for the completed Artwork by local media and publications, and otherwise as may be determined between the City, Developer and Artist as soon as practicable following installation. C. Upon installation of the Artwork, the Artist shall provide the Developer and City with written instructions for appropriate maintenance and preservation of the Artwork. 1.6 Final Acceptance. a. The Artist shall advise the Developer and the City in writing that the Artwork will become the responsibility of the City on the effective date of completion of the project and the acceptance as complete by the Developer and the City. Following receipt of such notice the City shall cause the installed Artwork to be inspected by suitably qualified and appropriate professional(s), and within five (5) days following completion of such inspection(s), the City shall either provide Developer with reasonably specific written objections to the installed Artwork or notify the Developer of its acceptance of the Artwork by a Notice of Completion in the form attached hereto as Exhibit D. Such Notice of Completion (Exhibit D) shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. b. Final Acceptance by the City of the ownership of the Artwork will occur at the filing of the Notice of Completion. At that time, the ownership and responsibility for the Artwork will rest with the City of La Quinta. 1.7 Risk of Loss. Upon receipt of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by the City. The Artist shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the Notice of Completion is made by the City. 1.8 Ti le. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall remain with the Artist and shall pass and vest with the City upon issuance of Final Acceptance or Termination pursuant to Article IX hereof. 1.9 Payment: The Artist shall be paid the compensation set forth in Exhibit C . The total compensation to be paid to the Developer shall not exceed $94,950 (ninety four thousand, nine hundred fifty dollars). SACommunity Services\Art In Public Places Agreements\Art Purchase Agreement,.Point Happy.wpd Page 3 of 18 ARTICLE II. TIME OF PERFORMANCE 2.1 Time. Developer and Artist does agree to punctually and diligently perform all their obligations under this Agreement. It is further understood and agreed that should the Developer and/or Artist fail to furnish the labor, materials, equipment, and or services, to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Developer and/or Artist shall, in addition to any other penalties provided in the Agreement, be liable to the City for all losses or damages that either may suffer on account thereof. In the event Artist at the time refuses or neglects to supply a sufficient number of properly skilled workers or a sufficient quantity of materials of proper quality, or in effect be adjudicated bankrupt, or files a voluntary petition in bankruptcy, or commits any act of insolvency, or makes an assignment, for benefit or creditors, without the City's and Developer's consent, or fails to make prompt payment to his materialmen and laborers, or fails in any respect to properly and diligently prosecute the work covered by this Agreement, or otherwise fails to perform fully any and all of the Covenants and obligations herein contained; then the City and Developer may, at its option, after giving twenty-four (24) hours written notice to Artist and Developer, provide any such labor and materials as may be necessary and deduct the cost thereof from any money then due or thereafter to become due to Artist under this Agreement; or the City and Developer and may at its option, terminate the Artist's right to proceed with the work and, in that event, the City shall have the right to enter upon the Artist's warehouse and take possession, for the purpose of completing the work included under this Agreement, of the Artwork or any portion thereof, and all materials, tools, and appliances thereon, and may employ any other person or persons to finish the work and provide the materials therefor. In the case of such discontinuance of Artist's right to proceed with the work, Artist shall not be entitled to receive any further payment under this Agreement until the work undertaken by the City and/or the Developer is completely finished. At that time, if the unpaid balance of the amount to be paid under this Agreement exceeds the expenses incurred by the City and/or the Developer in finishing Artist's work, such excess shall be paid by the City and/or the Developer to the Artist, but if such expense shall exceed such unpaid balance, then Artist shall promptly pay to the City and/or Developer the amount by which such expense shall exceed such unpaid balance. The expense incurred by the City and/or Developer as herein provided, either for furnishing materials or for finishing the work, and any damages incurred by the City and/or the Developer by reason of Artist's default, shall be chargeable to, and paid by Artist, and the City shall have a lien upon all materials, tools, and appliances, taken possession of, as aforesaid, to secure the payment thereof. If the City and/or the Developer elects not to terminate Artist's right to proceed, Artist agrees to reimburse the City and/or Developer for losses or damages resulting from the delay in speedy progress of work. If Artist should neglect to prosecute the work properly or fail to perform any provisions of this Agreement, the City and/or Developer, after three (3) days' written notice to Artist, may without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due Artist; provided, however, that the City and/or Developer shall approve such action and certify the amount thereof to be 146 charged to Artist. S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, Point Happy.wpd Page 4 of 18 ARTICLE III. WARRANTIES 3.1 Title. The Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City and Developer, the Artwork is unique and original and does not infringe upon any copyright; (c) the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Artwork is free and clear of any and all encumbrances and/or monetary liens. 3.2 Quality and Condition. The Artist represents and warrants, except as otherwise disclosed to the City and Developer in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects consisting of "inherent vice" or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City and Developer hereunder. The warranties described in this Section 3.2 shall survive for a period of one (1) year after the Acceptance of the Artwork, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from after Acceptance of the Artwork. The City and/or Developer shall give notice to the Artist of any observed and claimed breach with reasonable promptness. The Artist shall, at the request of the City or Developer, and at no cost to the City or Developer, cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork) . ARTICLE IV. PERFORMANCE BONDS The Artist shall not be required by the City to post any performance bonds or similar undertakings, and any requirement of any other authority for performance bonds shall be the responsibility of the City. Nevertheless, Artist shall prevent any lien from attaching to the Artwork by any person claiming under Artist. ARTICLE V. REPRODUCTION RIGHTS 5.1 General. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et�g. , and all other rights in and to the Artwork except ownership and possession, except as such rights are limited by this Agreement. In view of the intention that the Artwork in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, dimensional reproductions of the final artwork, nor shall the Artist grant permission to others to do so except with the written permission of the City and Developer and at such time as S:Tommunity Services\Art In Public Places Agreements\Art Purchase Agreement, Point Happy.wpd Page 5 of 18 147 C. 0 9 Final Acceptance by the City at which time the City alone may approve. The Artist grants to the City, Developer and its assigns an irrevocable license to make two-dimensional reproductions of the Artwork for noncommercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications, provided that these rights are exercised in a tasteful and professional manner. 5.2 Notice. All reproductions by the City and Developer shall contain a credit to the Artist and denote its location, provided that the Artwork is protected by United States copyright law and reasonable substantiation thereof is provided to the City. 5.3 Registration. The Artist may at its expense cause to be registered, with the United States Register of Copyrights, a copyright in the Artwork in the Artist's name. ARTICLE VI. ARTIST'S RIGHTS 6.1 Identification. The City shall, at its expense, prepare and install at the Site, a plaque identifying the Artist, the title of the Artwork and the year of completion, and shall reasonably maintain such notice in good repair against the ravages of time, vandalism and the elements. 6.2 Maintenance. The parties recognize that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. 6.3 Repairs and Restoration. a. The City shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. To the extent practical, the Artist, during the Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that the City Developer and the Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon the Artist's fee for such services. No fees shall be paid to Artist for repair or restoration due to a breach of the representations and warranties set forth herein. b. All repairs and restorations shall be made in accordance with recognized principles of conservation. 6.4 Maintenance and Alteration of the Artwork. a. The City shall maintain the Artwork in a manner that the City determines appropriate in its sole discretion. b. The City shall use its reasonable efforts to meet and consult with Artist prior to the time of making any alteration. If any alteration is made without the consent of Artist, Artist 14 shall have the right to direct the City to remove Artists name from the Artwork. In connection C.10 S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, Point Happy.wpd Page 6 of 18 herewith, Artist hereby acknowledges and agrees that Artist is familiar with Section 987 of the California Civil Code and the rights and protection afforded Artist thereunder, and Artist hereby waives each and all of Artist's rights and protection under Section 987 of the California Civil Code to the extent such rights and protection are inconsistent with this Section 6.4; provided, however, that to the extent that the rights and protection afforded Artist under Section 987 of the California Civil Code are not inconsistent with this Section 6.4 or pertain to matters that are not dealt with in this Section 6.4, Artist shall retain such rights and protection. 6.5 Permanent Record. The City shall maintain a record of this Agreement and of the location and disposition of the Artwork. 6.6 Artist's Address. The Artist and Developer shall notify the City of changes in their address. The City shall take reasonable effort(s) to locate the Artist when matters arise relating to the Artist's rights under this Agreement. 6.7 Surviving Covenants. The covenants and obligations set forth in this Article VI shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and the City's covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein. Upon the death of the Artist, the representative of Artist's estate shall assume the surviving covenants and obligations of Artist set forth in this Article VI. ARTICLE VII. ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and not as an agent, joint venturer, partner or an employee of the City or the Developer. The Artist shall not: a. be supervised by any employee or official of the City or Developer; b. exercise supervision over any employee or official of the City or the Developer; C. have authority to contract for or bind the City or Developer in any manner; or represent itself as an agent of the City or Developer; or otherwise be authorized to act for or on behalf of the City or Developer; d. have status as the City's or Developer's employees or have any right to any benefits that the City or Developer grants to its employees. ARTICLE VIII. ASSIGNMENT OR TRANSFER No party shall assign or transfer an interest in this Agreement without the prior written consent of the other parties, provided, however, that claims for money due or to become 149 S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, Point Happy.wpd Page 7 of 18 C. 11, due from the City or Developer under this Agreement may be assigned to a financial institution without approval. ARTICLE IX. TERMINATION The City and Developer may, by written notice to the Artist, terminate this Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in accordance with the terms hereof or any other breach by Artist of the terms of this Agreement, when such failure or breach continues uncured for fifteen (15) days following notice thereof from the City or Developer to Artist ("Termination for Default"), or (b) at any other time in the sole and absolute discretion of the City and Developer ("Discretionary Termination"). Termination for Default and Discretionary Termination are sometimes hereinafter collectively referred to as "Termination". Upon Termination, except as provided in this Article IX, all parties shall be released from all further obligations and liability hereunder. Effective upon a Termination, the Artwork, or so much thereof or has then been completed, shall be transferred to and shall belong to the Developer. In such event and upon Artist's written request, the Developer shall remove Artist's name from the Artwork. Upon a Termination for Default and subject to Article 2.1, the Artist shall be entitled only to that portion of the total compensation due Artist that is then payable pursuant to the Schedule of Compensation (Exhibit C); upon a Discretionary Termination, Artist shall be entitled to the full Artist Fees provided for in Exhibit C hereto and that portion of the costs and expenses of Design, Fabrication and Installation of Artwork provided for in Exhibit C hereto that is then payable pursuant to the Schedule of Compensation (Exhibit C), plus all other costs reasonably incurred by Artist following the last payment pursuant to the Schedule of Compensation (Exhibit C), prior to the date of the Discretionary Termination, provided that Artist shall be required to provide the Developer with reasonable substantiation for such costs. Notwithstanding anything else herein contained, Artist shall not be relieved of liability to the Developer and/or City for damages sustained by the Developer and/or City by virtue of any breach of this Agreement by the Artist, and the Developer may reasonably withhold payments to the Artist until such time as the exact amount of such damages is determined. In the event of a termination, Developer is not released of the responsibility for providing the completion of the Artwork for the Site and shall either have this Artwork completed or shall provide a replacement Artwork approved by the City. ARTICLE X. CONTRACTOR ADMINISTRATOR The Contract Administrator for this Agreement shall be the City Community Services Director. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City, the City Community Services Director shall represent and act for the City. ARTICLE XI. NON-DISCRIMINATION In carrying out the performance of the services designated, the Developer, Artist and the City shall not discriminate as to race, color, creed, religion, marital status, national origin S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, Point Happy.wpd Page 8 of 18 150 C12 or ancestry, and the Artist shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended. ARTICLE XII. ENTIRE AGREEMENT This Agreement, consisting of 19 pages and four exhibits, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth hereinabove. ARTICLE XIII. MODIFICATION No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. ARTICLE XIV. WAIVER No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. ARTICLE XV. GOVERNING LAW 15.1 This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 15.2 In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District Court in the district of California which includes Riverside County. 15.3 If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees, incurred by the prevailing party in connection with the legal action or proceeding. ARTICLE XVI. HEIRS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the City and 151 Artist, and their respective heirs, personal representatives, successors and permitted assigns. S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, Point Happy.wpd Page 9 of 18 ARTICLE XVII. NOTICES All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, returned receipt requested, postage prepaid, as follows: a. if to the City, to: City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 Attention: Community Services Director 760-777-7032 b. if to the Developer, to: Madison Development, LLC 71361 San Gorgonio Road Rancho Mirage, CA 92270 760-771-1755 C . if to the Artist, to: Felicia 12448 East Amherst Circle Aurora CO 80014 303-696-6469 ARTICLE XVIII. INDEMNITY With respect to acts, errors or omissions in the performance of Artist's obligations hereunder, Developer and Artist agrees to indemnify and hold harmless the City and its officers, agents, employees, and representatives from and against any and all claims, demands, defense costs, liability or consequential damage of any kind or . nature arising out of Developer's and Artist's (including its subcontractors, agents, employees, assigns or licensees) negligent and/or willful acts, errors or omissions in the performance of Developer's and Artist's obligations under this Agreement. With respect to acts, errors or omissions in the performance of the City's obligations hereunder, the City agrees to indemnify and hold harmless Developer and Artist from and against any and all claims, demands, defense costs, liability or consequential damages of any 1 J r . , kind or nature arising out of the City's (including its contractors') negligent and/or wilful acts errors or omissions in the performance of the City's obligations under this Agreement.. 14 S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, Point Happy.wpd Page 10 of 18 The foregoing indemnities shall be in effect without regard to the maintenance of insurance coverage for any such loss, costs, claims, damages or expenses. ARTICLE XIX. INSURANCE 19.1 Policies. Throughout fabrication of the Artwork the Developer shall ensure that the Artist shall maintain Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability (employee and contractual exclusions deleted), Products/Completed Operations Liability, Broad -Form Property Damage and Independent Contractors' ($19000,000) per occurrence, combined single limit, written on an occurrence form, and such other forms and amounts of insurance as the City may deem necessary or desirable. All required insurance shall be evidenced by an insurance policy or policies (or the renewal or replacement thereof) reasonably acceptable to the City. Developer and Artist shall not proceed with any work nor receive payment under this Agreement until, among other things, the City has received the appropriate insurance certificates. Developer and/or Artist, prior to completion, shall maintain or cause to be maintained standard all-risk property insurance in an amount equal to or greater than the full replacement value of the Artwork. The Artist's General Liability policy required by this Agreement shall contain the following clauses: "The City of La Quinta and its officers, agents, employees, representatives, and volunteers are added as additional insureds as respective operations and activities of, or on behalf of the named insured, performed under contract with the City of La Quinta. " Prior to commencing any work under this Agreement, Developer and Artist shall deliver to the City insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clause referenced above. Also, within thirty (30) days of the execution date of this Agreement, Artist shall provide to the City an endorsement to the General Liability policy, which adds to this policy the applicable clause referenced above. Said endorsement shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by the City, it shall be the Developer's and Artist's responsibility to see that the City receives documentation acceptable to the City which sustains that the individual signing said endorsement is indeed authorized to do so by the insurance company. Also, the City has the right to demand, and to receive within a reasonable time period, copies of any insurance policy required under this Agreement. In addition to any other remedies the City may have if Developer and/or Artist fails 1 J 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: �' 1 S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, Point Happy.wpd Page 11 of 18 a. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to other remedies the City may have, and is not, the exclusive remedy for Artist's failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Developer and Artist may be held responsible for payments of damages to persons or property resulting from Developer's and Artist's, or its respective agents' contractors' or subcontractors', performance of the work covered under this Agreement. ARTICLE XX. GENERAL 20.1 Any provisions of this Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 20.2 Whenever in the specifications any materials or process is indicated or specified by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL", and Artist may offer any material or process which shall be equal in every respect to that so indicated or specified. 20.3 Developer nor Artist shall offer any substitute in said proposal or if a substitute so offered by Developer or Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one shall be required by the City. 20.4 Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should the Developer or Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by the City. 20.5 The City shall give any subsequent owner of the Artwork written notice of the covenants contained herein, and shall cause each such successive owner to be bound thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. 1z4 C:� 1 S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, Point Happy.wpd Page 12 of 18 ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California CITY: CITY OF LA QUINTA, a California municipal corporation 00 THOMAS P. GENOVESE, City Manager City of La Quinta, California ARTIST: Felicia DEVELOPER: Madison Development, LLC By: Its: 155 S:Tommunity Services\Art In Public Places Agreements\Art Purchase Agreement, Point Happy. wpd Page 13 of 18 C. 7 EXHIBIT A SCOPE OF DESIGN BUILD SERVICES I. SCOPE OF WORK 1. Developer and/or Artist shall furnish all labor, engineering, material, tools, equipment, etc., required to design the Artwork in accordance with the quality level and intent of the concept drawings as prepared by Artist and approved by the City, along with all governing agency requirements and code criteria. 2. Developer and/or Artist is responsible for submitting all required documents relating to the Artwork design to appropriate government agencies so that building plan check and all required permits may be obtained in a timely manner. 3. Developer and/or Artist shall immediately notify the City in writing of any cost impact or schedule impact whether increase or decrease, resulting from any modifications to the design. Any redesign fees or any other costs incurred by the City due to Developer and/or Artist's negligence or failure to keep the City informed of scope variances in a timely manner shall be charged equally to the Developer and Artist. 4. Developer and Artist shall complete the design in sufficient scale and detail as required by the City and governmental authorities for approval. The design documents shall bear the stamp of a professional Mechanical, Structural and/or Electrical Engineer(s) licensed in the State of California deemed necessary. 5. Artist's design and specifications shall be subject to approval by the City and its consultants. II. GENERAL ITEMS OF INCLUSION: As a further clarification to the plans and specifications, the work shall include but not necessarily be limited to the following: 1. Artist shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to the City prior to installing any material. The installation of any material constitutes the Artist's complete acceptance of all substrates as compatible with the work under this agreement. 2. Any work not provided for in this Agreement must be authorized by the City and Developer prior to the installation of such work. 156 3. Artist is responsible for all repairs or replacement of any existing property or work which is damaged as a result of the performance of the work under this Agreement. S:Tommunity Services\Art In Public Places Agreements\Art Purchase Agreement, Point Happy. wpd Page 14 of 18 4. Artist shall provide for all unloading, hoisting, scaffolding, and bracing for the Artwork. 5. Artist shall provide all drilling, coring, cutting, fastening, and welding required for the Artwork. 6. Artist shall provide all speciality lighting required to complete the artwork. 7. Developer shall supply all landscaping required to complete the Artwork. III. SPECIFIC ITEMS OF INCLUSION 1. The Artwork consists of: 70 foot meandering fountain containing six basins 4 inch high outer walls Water fountain of textured concrete Color to match exterior of surrounding buildings Water basins will vary in size from 6" to 12" deep A six foot bronze Native American sculpture will be located in the northern most basin, set upon a base 30 inches tall Multiple boulders to be found throughout the fountain basin River stone to line all fountain basins Lighting to be incorporated into the fountain, as well as all pump equipment to ensure water flow throughout the fountain basins And contains all details as presented in the Landscape Architects rendering of the art piece as provided as attached to this exhibit 157 C i 9 S:Tommunity Services\Art In Public Places Agreements\Art Purchase Agreement, Point Happy. wpd Page 15 of 18 )m �J II i2y �a m . u�. ' n: t mA� 0�� raft D0 \ 0.,N 11 r • � > r 6f Ie410' 158 1, 2 POINT HAPPY lflnM SCULPTURE 6 MSTORIC ARTIFACT jonn a kriefl , ! a WATERFEATURE • M CO�E71 OF ,,, ♦ wA.MQTON �� LANDSCAPE n' ••♦ . AAOT r7 7> • UWTA.W.MWAY U WMTy U auS7 .� oa�vaw m ¢43-2= A f!-ldq EXHIBIT B SCHEDULE OF PERFORMANCE SCHEDULING: The project will take approximately four months to complete the fabrication of the Artwork. Work will commence during the month of September, 2001 and completed, installed and functioning by January, 2002. REVIEWS: There may be one review by the Cultural Arts Commission of the work in progress if the Commission deems it necessary . The project may be reviewed by the City Council as deemed appropriate. 159 G2. S:Tommunity Services\Art In Public Places Agreements\Art Purchase Agreement, Point Happy. wpd Page 16 of 18 EXHIBIT C SCHEDULE OF COMPENSATION PRICE: Basic Contract: Total Not to Exceed SCHEDULE OF PAYMENTS: First payment due upon approval of Art Purchase Agreement (25%) Second payment due upon installation of fountain walls (25%) Third payment due upon completion of sculpture (25%) Final payment due upon filing Notice of Completion (25%) $949950 $949950 $239737.50 $239737.50 $239737.50 $239737.50 160 U22 S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, Point Happy.wpd Page 17 of 18 EXHIBIT D NOTICE OF COMPLETION FOR ARTWORK Piece of Artwork: Point Happy Art Feature WHEREAS, by that certain Art Purchase Agreement dated , 2001 ("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation (the "City") contracted with MADISON DEVELOPMENT, LLC (Developer) and FELICIA (Artist) to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, the City shall furnish Developer and Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the parties hereto certify as follows: 1. As provided in the Agreement, the City does hereby certify that the fabrication and installation of the Artwork has been fully performed and completed. Any executory obligations pursuant to the Agreement, which are hereby incorporated herein by reference, shall remain enforceable according to their terms. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. IN WITNESS WHEREOF, the Agency has executed this certificate this day of , 2002. CITY OF LA QUINTA, a California municipal corporation by: 161 623 S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, Point Happy.wpd Page 18 of 18 CV T4hf 4 4 Qum ra COUNCIL/RDA MEETING DATE: Denial of Claim for Damages Filed by Terry Lee - Date of Loss: June 22, 2001 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: September 18, 2001 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Terry Lee, with a reported date of loss of June 22, 2001 . FISCAL IMPLICATIONS: The total amount of the claim was $405.66. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Terry Lee, with a reported date of loss of June 22, 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. Lee on August 11, 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 Terry Lee, with a reported date of loss of June 22, 2001; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Terry Lee Claim for Damages 2. Letter from Carl Warren & Co. 3. Letter from Carl Warren & Co. to Ms. Lee 193 002 r gut m 01 tr ALUly i FILE WITH: CITY CLERK'S OFFICE P . O. _W= I50-4 LA QUINTA, CAI.. CLAIM FOR DAMAGES 92253 TO PERSON OR PROPERTY 1UeVn1 t~2nue ATTACHMENT 1 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 tiled not later than 1 year after the occurrence. (Gov. Code Sec. 911.2.) 3. Read entire claim form before tiling. 4. See page 2 for diagram upon which to locate place of accident. a This claim form must be signed on page 2 at bottom. & Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. TO: [Name of city] Ia- Q IA-14� 0, Date of Birth of Claimant q - to -W Name of Claimant Oc ation of Claimant up ey-r -e-e eVyW--eK Home Address of Cl ' ant City and State Home Telephone Number a �- v�; 7U6 _,;4 S - Business Address of Claimant Cify and State Business Telephone Number Give address and telephone number to which you desire notices or communications to be sent Claimant's Social Security No. regarding this claim: Z� 0, M e- ovc, o- 6 \/ -e— I _ 9 When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE Date 2' 22-01 Time . Yp1- If claim is for Equitable Indemnity, give date claiman served with the complaint: Date Where 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 landmarks: Describe in detail how the DAMAGE or INJURY occurred. -�-e,1VeA S A c e -(Yz In+ ,+��-- �rn r w 0/\ bv`v►k va s v`5 In ✓1 �-a T � 4A c,6 v' W c v� ov el/ 1 G�. rti 1 � � �Car" - `7 Q Ut, >2. Jt � � Why do you claim the city is responsible? c),s Ca Yt, �� a ►tee �� . � �-� C �. ►� . �--�- 5-e �b Describe ^in detail each INJURY or DAMAGE SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 004 164 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 .................... S Future expenses for medical and hospital care .... S Expenses for medical and hospital care ......... S — Future loss of earnings . . $ Loss of earnings ............................ Other prospective special damages ............ $ _ Special damages for ........................ $ Prospective general damages ................. S _ Total estimate prospective damages .......... $ General damages ...........................5 — Total damages incurred to date .............. $ Total amount claimed as of date of presentation of this claim: $ Was damage and/or injury investigated by police? no 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 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 Doctor Date Hospitalized _ 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 yo"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' Xcle at 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 Signature of Claimant or person filing on his behalf giving relationship to Claimant: SIDEWALK SIDEWALK Typed Name: CUR Date: NUI t: GLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72.) 'gyp§5 W.10 167 0 017 Bony Canela Auto Body 82-279 Avenue " Indio, CA 92201 (760) 347-5866 Fax: (760) 342-2234 "THE VALLEY'S BEST SINCE 1978" Damage Assessed By: MIKE FIERRO Deductible: UNKNOWN Owner TERRY LEE Address: 78-735 SANITA DR. LA 61UINTA, CA 92253 Telephone: Home Phone: (760) 345-2616 Description: 2001 Toyota Sequoia SRS Body Style: 4D Ut VIN: 5TDBT44A11 S031511 Line Entry Labor Item Number Type Operation 1 800019 BDY OVERHAUL 2 800023 BDY REPAIR 3 AUTO REF REFINISH 4 AUTO REF ADD'L OPR 5 933003 BDY' ADD'L OPR 6 AUTO ADD'L COST 7 AUTO ADD'L COST 8 AUTO ADD'L COST Mitchell Service: 918752 Date: 6125101 08:08 AM Estimate ID: 2241 Estimate Version: 0 Preliminary Profile ID: STANDARD Drive Train: 4.71- Inj 8 Cyl 4WD Line Item PartType/ Description Part Number FRT COVER ASSY FRT BUMPER COVER Existing FRT BUMPER COVER CLEAR COAT TINT COLOR PAINT/MATERIALS SHOP MATERIALS HAZARDOUS WASTE DISPOSAL - Judgement Item C - Included in Clear Coat Calc Add'I Labor Sublet 1. Labor Subtotals Units Rate Amount Amount Totals II. Part Replacement Summary Body 4.8 36.00 0.00 0.00 172.80 Refinish 3.6 36.00 0.00 0.00 129.60 Total Replacement Parts Amount Non -Taxable Labor 302.40 Labor Summary 8.4 302.40 ESTIMATE RECALL NUMBER: 6/25101 08:07:28 2241 UltraMate is a Trademark of Mitchell International Mitchell Data Version: JUN_01 A Copyright (C) 1994 - 2000 Mitchell International UltraMate Version: 4.7.006 All Rights Reserved Dollar Labor Amount Units 2.0* C 2.6 1.0* INC* 1.0* 86.40 * 5.00 * 5.00 * 0.00 168 Page 1 of 2 008 Date: 6125101 08:08 AM Estimate ID: 2241 Estimate Version: 0 Preliminary Profile ID: STANDARD ill. Additional Costs Amount N. Adjustments Taxable Costs 91.40 Customer Responsibility Sales Tax 7.500% 6.86 Non -Taxable Costs 5.00 Total Additional Costs 103.26 IV. This is a preliminary estimate. Total Labor: Total Replacement Parts: Total Additional Costs: Gross Total: Total Adjustments: Net Total: --This damage report is based on our visual inspection. Possible additional damage may be discoverd after dismantling. -Part prices are subject to change as per our invoice. --Due to unforeseen circumstances in the repairing of automobiles,_ we regret that we can only target, not promise, a completion date. Number of days for repairs, *ALL WORK IS GUARANTEED FOR AS LONG AS YOU OWN THIS VEHICLE. Amount 0.00 302.40 0.00 103.26 405.66 0.00 405.66 ESTIMATE RECALL NUMBER: 6125/01 08:07:28 2241 UltraMate is a Trademark of Mitchell international 169 Mitchell Data Version: JUN_01_A Copyright (C) 1994 - 2000 Mitchell international Page 2 of UltraMate Version: 4.7.006 All Rights Reserved 009 ATTACHMENT 2 August 6, 2001 TO: City of La Quinta ATTENTION: John Ruiz,Personnel Risk Manager RE: Claim Lee v. City of La Quinta Claimant Terry Lee D/Event 6/22/01 Rec'd Y/Office 7/19/01 Our File S-109844-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 Dwight J. Kunz cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS AD7USTERS t ( Q 750 The City Drive . Ste 400.Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180 0 0 1 Phone: (714) 740-7999 Ext. 140 • (800) 572-6900 • Far: (714) 740-9412 V 1 ATTACHMENT 3 August 11, 2001 Terry Lee 78-735 Sanita Drive La Quinta, CA 92253 RE: Principal CJPIA Member City La Quinta Claimant Terry Lee D/Incident 06/22/01 Our File S 109844 DBK Dear Mr. Lee: 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 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) 740-79999 (800) 572-6900 • Fax: (714) 740-9412 Ta 0 ct4f 4 4 a" COUNCIL/RDA MEETING DATE: Denial of Claim for Damages Filed by Margarita Sanchez - Date of Loss: June 13, 2001 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: September 18, 2001 CONSENT CALENDAR: /0 STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Margarita Sanchez, with a reported date of loss of June 13, 2001. FISCAL IMPLICATIONS: The total amount of the claim was $3,000.00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Margarita Sanchez, with a reported date of loss of June 13, 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. Sanchez on August 11, 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 Margarita Sanchez, with a reported date of loss of June 13, 2001; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. 172 Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Margarita Sanchez Claim for Damages 2. Letter from Carl Warren & Co. 3. Letter from Carl Warren & Co. to Ms. Sanchez 173 002 FILE WITH: 'CITY CLERK'S OFFICE P.O. _BOX I50-4 I&A QUINTA, CAL. 92253 r'UKl'r1 #1 �rKU1v r} CLAIM FOR DAMAGES TO PERSON OR PROPERTY ATTACHMENT 1 11451 fluGI 1VN5 1. Claims for death, injury to person or to personal property must be filed not later than six i'110 1 JUL - P'1+112Jft 5 201 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 OF L � dMr r ' A (Gov. Code sec. 911.2.) I T Y C L E R' S 0��< 3. Read entire claim form before filing. _.,. _.... _._ ..__.....,, ..� R 4. See page 2 for diagram upon which to locate place of accident. & 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 Binh o,._ _ Ca g 66 NaWoof rClarimant / � Occupation of Claimant (11 -+�'� c� �► aC �_ 003e Home Addres of Claimant City and S q z) � 1 ej "e -t 7� to c Home Telephone Number a --,2� 6,P Business Addfwbai ui�Tnant City anti State Business Telephone Number Give address and telephone number to which you desire notices or communications to be sent Claimant's Social Security No. regarding this claim: 9 9 � j . 0 �- —Li V`3 When did DAMA E or INJURY occur? ``" — 01 n Names of any city employees involved in INJURY! or DAMAGE Date Time If claim is for Equitable Indemnity, give date claimant served with the aint. Date dp Where 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 landmarks: Describe in detail how the DAMAGE or INJURY occurred. l 11 - '/ /�'L /,-, -�, /, " 4ed I/C, -7� bo C y b .-e Cleoy W Jt. Why do you claim the city is responsible? �,, e J ,v o < W(—f /46f. Describ6 in detail each INJURY or DAMAGE h4y /"e1, 6-4,1e 4"( "CdIII q"a i r etc f - SEE PAGE 2 (OVER) el'6( 7Z 0 I�Zel-,O 1 r11J (rL.'m " ` "t7 ' Vr' ►SCVC" 01174 n n 4 FORM # 1 (BACK;) The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to. enact � (exact): _ _----.-.--.-:.:...=- Z� Estimoted prospective damages as far as known: Damage to property .... .......-fC'�'k' �' /hjluture expanses for medical and hospital care .... $ s Expenses for medical and hospital care ......... $ 'e-') Future loss of earnings ....................... $ ) Loss of earnings ............................. $ Other prospective special damages ............ $ ' Special damages for ........................ $ Prospective general damages ............... . $ Total estimate prospective damages ........ $ General damages....... .......... _ . G Total damages incurred to date .............l.i$ Total amount claimed as of date of presentation of this claim: $ Was damage and/or injury investigated by police? i--IV 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 WITNEFES to Q+AMAGE r INJURY: List all persons and addresses of perso� known to have i, mM�Aone NaTe n ram ; ;ddres:, ,7c) /t+ �r 7� -'' Name /ht�Lh d '� 4 Address y �� « /l Phone �60� �7�.� Address '0-3--y5 6 ? - 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, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City Vehicle when you first saw it, and by "B" location of yourself CURB or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A•1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X:' NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. PARKWAY 4 SIDEWALK Signature of Claimant or person filing on Typed Name: Date: his behalf giving relationship to Claimant: NOTE: CLADS MUST BE FILED WITH CITY CLE _ (Gov. Code Sec. 915a). Presentation of a false claim is a felon Pen. Code Sec. ,72. Y� ) 009175 ATTACHMENT 2 August 13, 2001 TO: City of La Quinta ATTENTION: John Ruiz, Risk Manager RE: Claim Sanchez v. City of La Quinta Claimant Margarita Sanchez D/Event 6/ 13 /01 Rec'd Y/Office 7/5/01 Our File S 109763 GMQ We have reviewed the above captioned claim and request that you take the action ixidicated 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 Richard D. Marque cc: CJPIA Attn: Executive Director CARL WARREN & CO. CLAIMS MANACEMENT•CLAIMS ADJUSTERS 750 The City Drive • Ste 400. Orange, CA 92868 176 Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180 Phone: (714) 740-7999 • (800) 572-6900 • Fax: (714) 740-9412 0,016 ATTACHMENT 3 Margarit Sanchez 78-990 iles Ave., Space 70 La Quinta, CA 92253 Re: O/Principal: Member City: Claimant: D/Event: Our File No.: Dear Ms. Sanchez: August 20, 2001 CJPIA La Quinta Margarita Sanchez 6-13-01 S 109763 GMQ We are the Claims Administrators for the City of La Quinta regarding this matter. You and I have discussed why we do not feel the City is liable for the damages to your mobile home. In the spirit of good faith and cooperation, we are willing to contribute a few hundred dollars towards a mobile home cover or tarp to protect against future problems. I have spoken with Mr. Ruiz. He will not be able to send to you a copy of my report since reports done by Carl Warren and Company are for the confidential use of our clients. Please call should you wish to discuss this matter any further. Very truly yours, WARREN AND COMPAN l • t. GJM:ck George J. Mankiewicz --Cc: John Ruiz, City of La Quinta 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) 740-7992 177 007 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 18, 2001 CONSENT CALENDAR: Approval of an Agreement Between the City of La Quinta and the County of Riverside to Permit a Mobile Household Hazardous Waste (HHW) Collection Program at the La Quinta Corporate Yard on October 27, 2001 and Authorize the Mayor to Execute Said Agreement RECOMMENDATION: STUDY SESSION: PUBLIC HEARING: Approve the Agreement (Attachment 1) between the City and the County of Riverside to permit a Mobile Household Hazardous Waste (HHW) Collection Program at the La Quinta Corporate Yard on October 27, 2001 and authorize the Mayor to execute said Agreement. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Hazardous Materials Management Division of Riverside County has provided a collection day for the residents in the City of La Quinta for a Household Hazardous Waste Collection. The date is Saturday, October 271h using the same collection site as last year, the Corporate Yard. This is the second opportunity the residents of La Quinta will have to dispose of household hazardous waste. The County provides all labor and services to the site. The hours of operation will be 9:00 a.m. to 2:00 p.m. A flyer advertising the event will be distributed to all postal patrons in La Quinta prior to the event taking place. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 178 1 . Approve the Agreement between the City and the County of Riverside to permit a Mobile Household Hazardous Waste (HHW) Collection Program at the La Quinta Corporate Yard on October 27, 2001 and authorize the Mayor to execute said Agreement; or 2. Do not approve the Agreement between the City and the County of Riverside to permit a Mobile Household Hazardous Waste (HHW) Collection Program at the La Quinta Corporate Yard on October 27, 2001; or 3. Provide staff with alternative direction. Respectfully submitted, atr erma om unity Lvelopment Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. HHW Agreement 002 G:\WPDOCS\ccjhHHW.wpd ATTACHMENT #1 OF 0 1 91 �4 • • RECEIVED County of Riverside HEALTH SERVICES AGENCY `` AU3 3 M4y 9, , 8q DEPARTMENT OF ENVIRONMENTAL HEALTH Y DE August 30, 2001 City of La Quinta Community Development Department Jerry Herman, Director 78-495 Calle Tampico La Quinta, Ca. 92253 Dear Mr. Herman, Attached is an original and three (3) copies between the City of La Quinta and the County of Riverside, Department of Environment Health, for the Household Hazardous Waste Collection event on October 279 2001. The contract is nearly identical to last fiscal year's agreement. If satisfactory, please have an authorized person sign all copies and notify us to pick them up as soon as possible. We would appreciate the signed document be returned no later than September 28, Following approval by the Director of Environmental Health, an executed copy of the agree- ment will be returned to you. If you should have any questions, please give Sandy Bunchek, Supervising Hazardous Materials Management Specialist a call at (909) 358-5055. Thank you for your prompt attention in escorting this agreement through the system. Sincerely, c.,cc" �;)� Earl E. Tuntland Assistant Environmental Health Administrator Enclosures 180 4065 County Circle Drive, Riverside, California 92503 _ (909) 358-5055 — FAX (909) 358-5017 (Mailing Address: P.O. Box 7600, Riverside, California 92513-7600) 004 AGREEMENT HOUSEHOLD HAZARDOUS WASTE MOBILE COLLECTION PROGRAM This Agreement is made and entered into by and between the City of La Quinta, hereinafter called "CITY," and the County of Riverside, through the Health Services Agency, Department of Environmental Health, Hazardous Materials Management Division, hereinafter called "COUNTY," hereby establishes the responsibilities of each party concerning COUNTY'S Mobile Household Hazardous Waste (HHW) Collection Program. RECITALS WHEREAS, the City of La Quinta and the County of Riverside recognize that it is in the public interest to establish and implement waste diversion and separation programs to prevent disposal of hazardous waste, including household hazardous waste, in landfills, and; WHEREAS, the County of Riverside has a well developed and established Mobile Collection Program, for the purpose of diverting household hazardous waste, and; WHEREAS, the City of La Quinta has the availability of a physical site, 78106 Francis Hack Lane in the City of Quinta (designated as Fritz Burns Parking Lot), suitable for conducting household hazardous waste collection for the benefit of the citizens of the City of La Quinta, and; WHEREAS, both entities further agree that the location site and collection event, for these waste collections is in the best interests of the citizens of the City of La Quinta and vicinity; NOW THEREFORE, in consideration of the mutual promises, covenants and conditions hereafter contained, the Parties hereto mutually concur as follows. In conjunction with the Household Hazardous o04" Waste (HHW) Collection Programs, the County of Riverside (COUNTY) through the Department of Environmental Health, Hazardous Materials Management Division agrees to the following responsibilities: I. COUNTY'S DUTIES The County agrees to provide and/or perform the following items related to holding a HHW Collection event: 1.1 Obtain and fund the services of a state certified, licensed, bonded, and insured hazardous waste hauling and disposal company through the competitive bidding process, with all costs for disposal of waste, staffing, and implementation of the program remaining the responsibility of the COUNTY; 1.2 Function as an independent contractor and to provide site security, liability coverage and indemnification to the extent specified in paragraph 1.10 below; with liability coverage provided through the COUNTY'S self insurance program; and 1.3 Determine that the hazardous waste disposal company contracted for the HHW Collection Event has obtained appropriate certificates of insurance that meet the criteria as established in Health and Safety Code, the Federal Transportation Code and for Worker's Compensation. 1.4 Clean up any spills associated with the HHW collection event; and upon completion of the event, to clean up the site to the condition existing prior to the collection event. 1.5 Ensure that no hazardous materials of any type will remain on -site at the conclusion of the collection event, and any household hazardous waste left at the site will be promptly removed upon arrangements by COUNTY; and 1.6 Obtain all of the necessary permits and variances with the State of California, Environmental Protection Agency, and Department of Toxic Substances Control; 2 1.7 Ensure that staffing to assist in the acceptance, handling, packaging, and manifesting of the household hazardous waste received will be provided, either by the COUNTY or the w contracted disposal company, with a representative from the Department supervising the activities at the HHW collection event. 1.8 Ensure that the contracted hazardous waste disposal company is responsible for the off -site transportation and ultimate disposal of the hazardous waste, in accordance with State and Federal hazardous waste and transportation laws; and 1.9 Act as an independent contractor. No relationship of employer -employee shall exist between the parties hereto. COUNTY assumes exclusively the responsibility for its acts, and the acts of its employees or agents as they relate to the services to be provided during the course and scope of the Agreement. County shall not be entitled to any benefits payable to employees of CITY including CITY Workers Compensation Benefits, and hereby holds the CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer -employee relationship exists by reason of this Agreement. 1.10 It is further understood and agreed by the parties hereto that COUNTY, in the performance of its obligations hereunder, is subject to the control or direction of the CITY merely as to the result to be accomplished by the services hereunder agree to be rendered and performed and not as to the means and methods for accomplishing the results. 1.11 Indemnify CITY for any and all Federal and State withholding or State retirement payments that the CITY may be required to make by the Federal or State government. If for any reason COUNTY is determined not to be an independent contractor to the CITY carrying out the terms of this Agreement, such indemnification shall be paid in full to CITY upon 007 183 3 sixty (60) days written notice to COUNTY of a Federal and/or State determination that such payment is required. II. CITY'S DUTIES The CITY agrees to provide a city owned site satisfactory to the COUNTY that meets the following requirements: 2.1 Safety considerations; 2.2 Convenience to the public; 2.3 Traffic flow; 2.4 Available work space for handling, packaging, and transportation of hazardous waste; 2.5 Concrete or asphalt covered work area; 2.6 Access to gates, water, electrical, and sanitary facilities for the duration of the collection event. The CITY shall be responsible for undertaking the following: 2.7 Advertising of the household hazardous waste collection events through local news media, distribution of printed flyers and/or posters, and community service organizations at CITY expense. 2.8 May obtain the use of volunteers for specific tasks such as traffic control, handling out flyers, surveys, etc. HHW COLLECTION EVENT SCHEDULE: The scheduled dates for the HHW Collection events are October 27, 2001 and April 20, 2002 in Fiscal Year 2001 /2002. III. JOINT PROVISIONS The COUNTY and the CITY shall undertake joint responsibility for the following tasks: DOS 3.1 Planning and coordination meetings with City Manager's office, Department of Environmental Health, City Fire Department and other department or agency representative. IV. HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM The household hazardous waste collection program shall meet the following operational standards: 4.1 Traffic cones will be set up to divert traffic through collection facility; 4.2 All vehicles will have trunks open upon entering the restricted zone and will participate in a survey to be designed for both CITY and COUNTY use. 4.3 The restricted area will include the following: a. Vehicle unloading area; b. Categorization and lab packing area; c. Unknowns processing for preliminary identification. 4.4 The restricted areas (except the unloading area) will have at a minimum two layers of visquene to prevent contamination of the pavement or soil. Only authorized personnel will be allowed in the restricted area. 4.5 Contracted or COUNTY staff will segregate wastes according to hazard classification, package compatible materials into DOT 17H steel 55 gallon drums containing a six -mil plastic liner and filled with inert, moisture absorbent, granular, packing material. Each drum will be labeled in accordance with State and Federal regulations. 4.6 Record keeping will consist of a written transportation manifest with a supplemental list of chemicals contained in each drum. 4.7 The COUNTY will retain copies of each manifest for a minimum of three years as prescribed by law. 1$5 009 5 4.8 All packaging, labeling, manifesting, transportation, and disposal of hazardous waste will be done in accordance with all applicable Federal transportation regulations and the California Vehicle Code. 4.9 The contracted hazardous waste transportation and disposal company will have the final responsibility concerning the disposition of the hazardous waste collected from the household hazardous waste community collection program. 4.10 Consideration for recycling rather than disposal will be pursued for material that can be recycled in a timely and economical manner. 4.11 Treatment methods of detoxification and/or incineration will be considered before Class 1 .landfill disposal. 4.12 All final recycling, treatment, and disposal facilities to be considered must be certified and approved by the appropriate state and/or federal environmental agencies. 4.13 Make every effort to recycle water -based paint so that reformulated paint can be utilized for graffiti abatement projects or other government sponsored rehabilitation uses. 4.14 Operating hours for the City of La Quinta's Mobile Household Hazardous Waste Collection Event will be from 9:00 A.M. to 2:00 P.M. on specific date agreed to by the COUNTY and the CITY. COUNTY or contracted personnel will remain on -site until all hazardous waste is properly packaged and stowed in secured roll -off boxes to prevent the potential for spills or release. 4.15 During the operation of the Household Hazardous Waste Collection Event, the County of Riverside, Community Health Agency, Department of Environmental Health/County Fire Department Hazardous Materials Emergency Response Team will be on call, as well as any local jurisdictional Hazardous Materials Team that wishes to participate. nio 4.16 The COUNTY is committed to the belief that this program should be open and available to any citizen of Riverside County. 4.17 The COUNTY will provide a report to the CITY that will quantify the amount and types of household hazardous waste collected at the planned collection event. V. HOLD HARMLESS 5.1 The COUNTY shall defend, indemnify, and hold harmless the CITY, its agents, officials, officers, and elected officials, from any liability from loss, damage, or injury to property or persons, including wrongful death arising out of or incident to any acts, omissions, or willful misconduct of the COUNTY, its agents or employees arising out of or in connection with this Agreement. 5.2 The CITY shall defend, indemnify, and hold harmless the COUNTY, its agents, officers, and employees, from any liability from loss, damage, or injury to property or persons, including wrongful death, arising out of or incident to any acts, omissions, or willful misconduct of the CITY, its agents or employees arising out of or in connection with this Agreement. 5.3 The Hold Harmless provisions herein shall survive the term of this Agreement. VI. ENTIRE AGREEMENT 6.1 This Agreement contains the entire agreement between the parties with respect to the subject matter thereof, and supersedes all prior negotiations, understandings, or agreements both oral and written. This agreement may be amended in writing with the concurrence of agreements both oral and written. This agreement may be amended in writing with the concurrence of both parties. H IS7 7 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on RECOMMENDED FOR APPROVAL: Earl Tuntland, Assistant Environmental Health Administrator Hazardous Materials Management Division Dated CITY OF LA QUINTA By Title Date Street Address City, State, Zip Approved as to form by COUNTY COUNSEL: Dated 8-28-01 COUNTY OF RIVERSIDE Director of Environmental Health as authorized by County Resolution No. 2001-156 M. COUNCIL/RDA MEETING DATE: September 18, 2001 Approval of a Request for Proposals Process for Professional Services to Provide Materials Testing and Construction Survey for Capital Improvement Program Project No. 2000-04 Citywide Street and Sidewalk Improvements AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /42-1 STUDY SESSION: PUBLIC HEARING: Allocate the amount of $60,775 from FY 2001-02 SB 821 Bicycle and Pedestrian Project Program Funds toward the sidewalk improvements on Avenida La Fonda and Washington Street; and Allocate the amount of $60,775 from RDA Project Area No. 1 Funds toward the sidewalk improvements on Avenida La Fonda and Washington Street; and Approve a Consultant Selection Committee; and Approve two Requests for Proposals (RFP), one for professional survey services and one for professional material testing services; and Authorize staff to receive proposals and negotiate with the most qualified firm in each discipline to provide professional survey services and professional materials testing services. The following represents the available funding and funding sources for the individual projects identified within the Citywide Street and Sidewalk Improvements, Project No. 2000-04: Project Funding Source Available Avenue 50 Low Water Crossing Interim Improvement DIF Transportation $373,695 Sagebrush Drive Sidewalk Improvements City Infrastructure $71,507 189 TAMDEMCOUNCIL\2001 \010918c.wpd Street and Sidewalk Improvements on Dune SB 821 Funds $32,400 Palms Road RDA PA # 2 $76,083 Washington Street Sidewalk and Sound RDA PA # 1 $95,775 Wall Improvements and Avenida La Fonda City Infrastructure $57,435 Sidewalk Improvement Developer Cont. $40,000 Transportation DIF $54,000 SB 821 Funds $60,775 Calle Tampico, Park Avenue and Avenue BLA Account $30,600 50 Bikeway Improvement RDA PA # 2 $145,547 TOTAL AVAILABLE FUNDING: $1,037,817 Based upon the Engineer's estimated construction costs in the amount of $414,578.00, the following represents the probable project construction budget: Avenue 50 Low Water Crossing Interim Improvement: $1 19,189 Sagebrush Drive Sidewalk Improvements: $48,791 Street and Sidewalk Improvements on Dune Palms Road: $87,728 Washington Street Sidewalk Improvements and Sound Wall and $150,663 Avenida La Fonda Sidewalk Improvements: Calle Tampico, Park Avenue and Avenue 50 Bikeway Improvements: $78,207 Sub -Total Engineer's Estimated Construction Costs: $484,578 Inspection/Testing: $47,246 Administration: $24,229 Subtotal: $556,053 Contingency: Total Anticipated Costs: $61 1,658 As illustrated, $47,246 is available within the project budget to support the survey and testing requirements. None. These improvements are being partially funded by RDA funds and therefore must be bid specifying prevailing wage requirements. Therefore, there are no Charter City impacts. 190 ., T:\PWDEPT\C0UNCIL\2001 \010918c.wpd On July 5, 2000, the City Council approved and adopted the Fiscal Year 2000/2001 Capital Improvement Program (CIP). The following CIP projects were included: Avenue 50 Low Water Crossing Interim Improvement, Project No. 2000-04; Sagebrush Drive Sidewalk Improvements, Project No. 2000-08; and sidewalks and handicap ramps at various locations within the City. In addition to the aforementioned projects, on May 16, 2000 the City Council authorized staff to submit an application for SB 821 Funds, in the amount of $32,400.00, to develop street and sidewalk improvements near the La Quinta High School. The application for the SB 821 projects included improvements along the east side of Dune Palms Road from the Whitewater River Channel to Westward Ho Drive, along the west side of Dune Palms Road 400' north of Westward Ho Drive, and on the north side of Westward Ho Drive 100' west of Dune Palms Road. The proposed SB 821 sidewalk projects were not included in the CIP, since the result of the grant application was unknown during the development of the CIP. The total amount of the SB 821 Grant was $32,400, with the City's match in the amount of $76,083 to be funded by RDA Project Area No. 2 funds. The additional appropriations from RDA Project Area No. 2 Funds are required as a City matching funding source in order to qualify for the SB 821 Funds for the Dune Palms Road street and sidewalk improvements. The combined projects will provide the following: 1. Avenue 50 Low Water Crossing Interim Improvements (Project No. 2000-04). The interim improvement will widen the existing low water crossing on Avenue 50 spanning the La Quinta Evacuation Channel from two to four lanes. The improvements will also include a 5' paved asphalt path on the east side of Washington Street from Saguaro Drive to Avenue 50, and a 5' paved asphalt path on Avenue 50 from Washington Street for a distance of approximately 1,300 linear feet east of Washington Street to join with the existing concrete sidewalk on the north side of Avenue 50 fronting the Sports Complex. 2. Sagebrush Drive Sidewalk Improvement (Project No. 2000-08). This project shall include the installation of sidewalk and handicap ramps on the north side of Sagebrush Drive from Washington Street to approximately 1,260 LF east of Washington Street joining with the existing sidewalk within the Rancho La Quinta development. 3. Street and sidewalk improvements on Dune Palms Road. The improvements include the installation of sidewalks on three segments near the La Quinta High School. The sidewalk improvements include an 8' meandering sidewalk on the north side of Westward Ho Drive from Dune Palms Road west approximately 191 T:\PWDEPT\C0UNCIL\2001 \010918c.wpd 100 LF, and an 8' meandering sidewalk on the west side of Dune Palms Road from Westward Ho Drive north approximately 400 LF. Dune Palms Road shall be improved to its ultimate width, including curb and gutter on the west side of Dune Palms Road from Westward Ho north approximately 400 LF. 4. Washington Street sidewalk and sound wall and Avenida La Fonda Sidewalk Improvements. This project is located on the northwest corner of Washington and Avenue 52 and extends approximately 640 feet north to Avenida La Fonda. The project includes the construction of an 8 foot PCC meandering sidewalk, an 8 foot high combination retaining/garden wall, grading, and other incidental items. A proposed 6' wide meandering sidewalk will be constructed along the north side of Avenida La Fonda from Washington Street to Civic Center Driveway, a distance of approximately 295 feet. 5. Calle Tampico, Park Avenue, and Avenue 50 Bike Lane Improvements: This project shall install on and off street bike lanes along the three identified City Streets. On October 3, 2000, the City Council added the Dune Palms Road Street and Sidewalk Improvement Project to the Fiscal Year 2000/2001 CIP; authorized staff to combine the following projects and their respective budgets into a single combined Citywide Street and Sidewalk Improvement Project: Avenue 50 Low Water Crossing Interim Improvement, Project No. 2000-04; Sagebrush Drive Sidewalk Improvement, Project No. 2000-08; Street and Sidewalk Improvements on Dune Palms Road, Project No. (Unassigned); and Washington Street Sidewalk Improvement, Project No. (Unassigned); and authorized staff to distribute a Request for Proposals (RFP) for the preparation of plans, specifications, and engineer's estimates for the combined Citywide Street and Sidewalk Improvements; and approved the Consultant Selection Committee. On December 5, 2001, the City Council appropriated funds in the amount of $32,400 from SB 821 Funds toward the Dune Palms Road Street and Sidewalk Improvements; and approved a Professional Services Agreement (PSA) in the amount of $29,046 with The Keith Companies to prepare the plans, specifications and engineer's estimate for the Citywide Street and Sidewalk Improvements, Project No. 2000-04. On December 5, 2001, the Redevelopment Agency appropriated funds in the amount of $76,083 from RDA Project Area No. 2 Fund toward the Dune Palms Road Street and Sidewalk Improvements. On April 17, 2001, the City Council appropriated funds in the amount of $30,600 from Bike Lane Account (BLA) Funds toward the Bikeway Improvements; and approved a Contract Amendment in the amount of $8,000 to The Keith Companies' Professional Services Agreement (PSA) to prepare plans, specifications and engineer's estimate for Bikeway Improvements on Calle Tampico, Park Avenue and Avenue 50, contingent upon the additional appropriation of funds by the RDA. 194w TAMDEMCOUNCIL\2001 \010918c.wpd On April 17, 2001, the Redevelopment Agency appropriated funds in the amount of $145,547 from RDA Project Area No. 2 Funds toward the Bikeway Improvements, contingent upon approval of Contract Amendment No.1 by the City Council. On May 15, 2001, the City Council authorized the City Manager to enter into a Memorandum of Understanding for a 50% cost share ($40,000) for an acoustic wall on the west side of Washington Street from Avenida La Fonda to Avenue 52 with Tradition Club Associates, LLC (Tradition), contingent upon approval of the wording by the City Attorney; and approved an appropriation in an amount not to exceed $54,000 from Account No. 250-000-300-290, Transportation Developer Impact Fee (DIF). On May 15, 2001, the City Council approved an SB 821 grant application in the amount of $60,775 for the installation of sidewalks on Washington Street and Avenida La Fonda. The City Council was also advised that if the grant is successful, the City would be required to provide a 50% funding match ($60,775) and that the match amount would be funded through Redevelopment Project Area No. 1 Funds. On June 19,2001 City Council acted to approve the Plans, Specifications, and Engineer's Estimates (PS&E) and authorize staff to advertise the bid of CIP Project 2000-04, Citywide Street Improvements. The project will require Materials Testing and Survey Services. On July 17, 2001, the City was informed that the Riverside County Transportation Commission (RCTC) approved funding for the City of La Quinta's Washington Street/Avenida La Fonda sidewalk project under the FY 2001-02 SB 821 Bicycle and Pedestrian Projects Program. The City was also advised that funds for projects not constructed prior to the end of the fiscal year (June 30, 2002) would be deleted from the program and reprogrammed to other projects. Alternatives available to the City Council include: 1. Allocate the amount of $60,775 from FY 2001-02 SB 821 Bicycle and Pedestrian Project Program Funds toward the sidewalk improvements on Avenida La Fonda and Washington Street; allocate the amount of $60.775 from RDA Project Area No. 1 Funds toward the sidewalk improvements on Avenida La Fonda and Washington Street; approve a Consultant Selection Committee; approve two Requests for Proposals (RFP), one for professional survey services and one for professional material testing services; and authorize staff to receive proposals and negotiate with the most qualified firm in each discipline to provide professional survey services and professional materials testing services; or 193 d;tom TAPWDEPT\C0UNCIL\2001 \010918c.wpd 2. Do not allocate the amount of $60,775 from FY 2001-02 SB 821 Bicycle and Pedestrian Project Program Funds toward the sidewalk improvements on Avenida La Fonda and Washington Street; do not allocate the amount of $60,775 from RDA Project Area No. 1 Funds toward the sidewalk improvements on Avenida La Fonda and Washington Street; do not approve a Consultant Selection Committee; do not approve two Requests for Proposals (RFP), one for professional survey services and one for professional material testing services; and do not authorize staff to receive proposals and negotiate with the most qualified firm in each discipline to provide professional survey services and professional materials testing services; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. o'gy I Public Works erector/City Engineer Approved for submission by: Thomas P. Genovese City Manager Attachments: 1 . Proposed RFP for Construction Survey Services 2. Proposed RFP for Materials Testing Services 3. Professional Services Agreement 4. Project Vicinity Map 194 TAPWDEPT\COUNCIL\2001 \010918C.wpd ATTACHMENT 1 City of La Quinta Request for Proposals to Provide Professional Construction Surveying Services for Capital Improvement Projects Project No. 2000-04 Citywide Street and Sidewalk Improvements The City of La Quinta seeks proposals from Professional Land Surveying firms to provide Construction Surveying Services. Services Requested Services and products to be rendered in performing all work associated with the project may include, but are not limited to; the Engineering Consultant shall be required to provide one set of construction stakes for each of the following items as detailed: 1. Survey Control - Will be sufficiently marked and will be preserved and protected. 2. Clearing / Removals - One set of reference stakes or marks at 200 foot intervals on tangent line and 100 foot on curves will be set along the limits of the construction area or Right -of - Way for clearing purposes. All saw cut lines / areas will be delineated / marked for removals. 3. Rough Grade - (A) One set of offset / slope stakes at 50' intervals and at all horizontal and vertical curves for those areas requiring site grading and slope construction marked with cut or fill to proposed elevation. (B) One set of sub grade line and grade stakes for roadway improvements at 50' stations. 4. Final Curb and Gutter - (A) One set of offset stakes at 25 foot intervals on tangent line as required in curves and vertical curves, grade breaks, angle points, edge of pavement, cross gutters and concrete pads improvements with cut/fills to top of curb or finish grade and points of control. (B) One set of curb grade stakes at each ECR and BCR including one radius point for each intersection quadrant. 5. Low Water Crossing at La Quinta Evacuation Channel - (A) One set of offset stakes of Perimeter of Low Water Crossing on 25' Stations with grades to finish grade. (B) One set of stakes to grade breaks(4) with grades to finish surface. 6. Concrete Sidewalks- One set of offset stakes to centerline of sidewalk on 50' stations with grades to finish surface. 7. Temporary AC Sidewalks- One set of offset stakes to centerline of sidewalk on 50' stations with grades to finish surface. G00 T:\PWDEPT\PROJECTS\2000Prjcts\2000-04Street\Consultants\RFPCnstSrvy.wo PAGE 1 of 4 8. Retaining/Garden Wall - Provide one (1) set of offset, line and grade stakes for wall construction set at fifty (50) foot intervals with appropriate cut or fill to top of footing. 9. Monument Ties and Replacement - Ties to any existing survey monuments of record which may be lost due to new construction shall be preformed for preservation and replaced pursuant to California State Law. 10. Corner Record Preparation - Prepare and file with the Riverside County Surveyor's Office the necessary documentation required in association with preserving and replacing any destroyed survey monuments. 11. Project Administration - The Engineer of Work shall be available during the length of the project to address any questions or concerns which may arise. Three (3) sets of Grade Sheets shall be prepared and submitted to the City of La Quinta within 48 hours of the receipt of the `Staking Request" for the said work. 12. Office Calculations and Supervision - Calculations as necessary to provide the field survey crews with data as needed for staking and supervision as required. Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. 1. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes provided by the City, clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before Monday, October 22, 2001, at 4:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: John M. Freeland, Senior Engineer City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 6 copies A. Cover Letter 196 G�JJ T:\PWDEPT\PROJECTS\2000Pdcts\2000-04Street\Consultants\RFPCnstSrvy.wpd PAGE 2 Of 4 (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants (if any) and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and resumes for prime and subconsultants. (2) Consultant's and subconsultant experience with similar work, including names and current phone numbers of reference for listed projects. C. Project Understanding and Approach A description of your project understanding and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provide. 2. Cost Proposal (envelope 2) The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each task and/or sub -task defined. Selection Process Work Programs and Cost Proposals will be reviewed by Public Works Staff, and will be ranked for contract negotiations based upon the materials submitted within the Work Proposal and Cost Proposal. Cost proposals will be opened only after the ranking process is complete. Project Plans and Specifications are included with this proposal (I I "X 17" Format), or full sized plans may be reviewed at the City's Public Works offices. The City will open contract negotiations with the top ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. 19'7 T:\PWDEPT"\PROJECTS\2000Prjcts\2000-04Street\Consultants\RFPCnstSrvy.wpd PAGE 3 of 4 V-L 0 CITY OF LA QUINTA COST PROPOSAL SHEET REQUEST FOR PROPOSALS TO PROVIDE PROFESSIONAL CONSTRUCTION SURVEYING SERVICES FOR Capital Improvement Projects Project No. 2000-04 Citywide Street and Sidewalk Improvements The following is a summary of costs to provide the services outlined in the Request for Proposals for Professional Construction Surveying Services for Capital Improvement Project No. 2000-04 Citywide Street and Sidewalk Improvements and will be used as the basis for negotiating a Professional Services Agreement: TASK DESCRIPTION T COST 1 SURVEY CONTROL STAKING 2 CLEARING AND REMOVALS 3 ROUGH GRADE 4 FINAL CURB AND GUTTER 5 LOW WATER CROSSING AT LA QUINTA EVACUATION CHANNEL 6 CONCRETE SIDEWALKS 7 TEMPORARY AC SIDEWALKS 8 RETAINING/GARDEN WALL 9 MONUMENT TIES AND REPLACEMENT 10 CORNER RECORD PREPARATION 11 PROJECT ADMINISTRATION 12 OFFICE CALCULATIONS TOTAL Prime Consultant Date Signed T:\PWDEPT\PROJECTS\2000Pdcts\2000-04Street\Consultants\RFPCnstSrvy.wpd PAGE 4 of 4 O i l ATTACHMENT 2 City of La Quinta Request for Proposals to Provide Professional Materials Testing for Capital Improvement Project 2000-04 Citywide Street and Sidewalk Improvements The City of La Quinta seeks proposals from Professional Materials Testing/Geotechnical Laboratory firms to provide, equipment, services and products to be rendered in performing all designated work associated with the project which may include, but are not limited to performing the following intermittent observation and testing services for this project: Provide a qualified technician as necessary to conduct density tests on roadway sub -grade, aggregate base, asphaltic concrete, slope fill and trench backfill placement as required. There tests will be performed with a nuclear densometer in accordance with ASTM D2922 or sand cone in accordance with ASTM D1556. Maximum density curves (ASTM D1557) will be performed on various material types as they are encountered. Marshall density tests will be performed on the asphaltic concrete placed. Provide an ACI-certified technician as necessary to make sets of concrete cylinders as needed and perform slump tests for the curb, gutter, concrete dip section, and other minor concrete. Perform compression strength tests on concrete cylinders in accordance with ASTM C39. Perform extraction/gradation tests in accordance with ASTM D2172/C 136 on the asphaltic concrete placed. Any Non -Compliance results of materials shall be reported to the City's Public Works Engineering Capital Improvements Department within twenty four (24) hours from the time of sampling. 1. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes provided by the City, clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Project plans and specifications are available for review in the Public Works Department of the City of La Quinta located at La Quinta Civic Center (78-495 Calle Tampico, La Quinta, CA. 92253), or may be purchased for $20.00 at the same location 190 T:\PVIDEPTIPROJECTS\2000Ncts\200bA4Sfted\Consuhants\"PMatTst.wpd PAGE 1 of 4 G 1 2 Proposal packages are to be submitted to the City on/or before Monday. October. 2�. Z001. at 4:00 P.M. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: John M. Freeland, Senior Engineer City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 3 copies A. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and resumes for prime and subconsultants. (2) Consultant's and subconsultant experience with sitmlar work, including names and current phone numbers of reference for listed projects. C. Project Understanding and Approach A description of your project understanding and how you will approach the project. D. Scope of Work Program 2. Cost Proposal (envelope 2) The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each task and/or sub -task defined. Selection Process Work Programs and Cost Proposals will be reviewed by Public Works Staff. Staff will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal and Cost Proposal. The City will open contract negotiations with the top ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. 200 T:\PVMErT\PRoJEcTs\x000Pticts\2000.oasu=c\co„s,xanu\RFrMarrsc.vMa PAGE 2 of 4 6 CITY OF LA QUINTA COST PROPOSAL SHEET REQUEST FOR PROPOSALS TO PROVIDE PROFESSIONAL MATERIALS TESTING FOR Project No. 2000-04 Citywide Street and Sidewalk Improvements Pursuant to the Request for Proposals, the undersigned hereby proposes and agrees that on award by the City under this Bid, and in accordance with the provisions therein stated, to execute a Contract, to provide and to furnish any certificates of insurance and all labor, materials, transportation and services for Material Testing Services for Capital Improvement Project No. 2000-04 Citywide Street and Sidewalk Improvements, in accordance with the Plans and Specifications therefore adopted and on file with the City within the time hereinafter set forth and at the prices named in this Bid . Unit prices in each and every case shall represent a true unit price used in preparing the bid schedule totals (Bid Form). Unit prices listed herein shall include labor, materials, equipment, transportation and appurtenant work as is necessary to have the item complete and in place meeting the full intent of the plans, specifications and the applicable ASTM Testing Method. Hourly rates shall be based on time of arrival and departure from the job site. The purpose of the unit pricing is for bid evaluation and changes in the work during construction. Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will fin-nish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. The following is a summary of costs to provide the services outlined in the Request for Proposals for Professional Materials Testing and will be used as the basis for negotiating a Professional Services Agreement: BID BREAKDOWN STREET IMPROVEMENTS 1 Curb & Gutter Compaction Test Ms 6 $ $ 2 Low Water Crossing Subgrade Compaction HRs 8 $ $ 3 Pcc Sidewalk Compaction HRs 8 $ $ 4 1 Pcc Driveway Compaction HRs 2 $ $ 201 T:\PWDEPI\PROJECTS\2000Pijcts\2000-04Sfta\ConsuhantsWPMatTst,wO PAGE 3 of 4 r f 4 5 Roadway Subgrade Compaction HRS 12 $ $ 6 Roadway Base Compaction HRs 12 $ $ 7 Roadway Asphalt Sampling/ Compaction HRs 10 $ $ CONCRETE FIELD CASTING 8 Curbs, Low Water Crossing, Misc. Concrete HRs 14 $ $ LABORATORY TESTING 9 Moisture Density Relationship (Soil) EA 10 $ $ 10 Moisture Density Relationship Base EA 6 $ $ ll Gradations(Base) EA 4 $ $ 12 Concrete Compression Vests EA 16 $ $ 13 Asphalt Extraction/Gradations EA 6 $ $ 14 Asphalt Marshall or Hveem Density EA 6 $ $ ADMINISTRATION & REPORTS 15 Staff Engineer/ Manager HRs 20 $ $ 16 Clerical support HRs 1 20 1 $ $ Total Amount of Bid Items 1 - 16 Attached herein is a detailed man-hour and fee breakdown for the tasks and sub -tasks defined in our proposal, including all subconsultant activities. Prime Consultant Date Signed 202 T:\PWDEPT\PROJECTS\2000Prjcts\2000-04Street\Consultants\RFPMatTst.wpd Page 4 of 4 0 ATTACHMENT 3 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 ("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 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, (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 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. 203 T:\pwdept\consultants\psamode]\Base-con.rev Page 1 of 8 Giu 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. 2.1 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 Dollars ($ ) (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. 3.1 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 Mature. 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. T:\pwdept\consultants\psamodel\Base-con.rev Page 2 of 8 0 1 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: �-Ip 791 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 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. 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. 245 T:\pwdept\consultants\psamodel\Base-con.rev Page 3 of 8 f> • ► ice► ►• 11► L •► ►• : WOU914. 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 Injury/Prosy 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 $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 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. T: \pwdept\consul tants\p samodel\Base-con.rev 206 Page 4 of 8 4 G1.t 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 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 2 'd 7 T:\pwdept\consultants\psamodel\Base-con.rev Page 5 of 8 �" 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 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 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, 208 T:\pwdept\consultants\psamodel\Base-con.rev Page 6 of 8 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. 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. • • ►� _►(6111=10MIGILVARI 101► 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: To Consultant: 200 T:\pwdept\consultants\psamodel\Base-con.rev Page 7 of 8 ( i CITY OF LA QUINTA Attention: Chris A. Vogt Attention: 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 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. 210 T:\pwdept\consultants\psamodel\Base-con.rev Page 8 of 8 1 0 fir, 3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation John Pena, Mayor ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT By: Name: Title: Date: Date 211 T:\pwdept\consultants\psamodel\Base-con.rev Page 9 of 8 Exhibit A Scope of Services 212 G' 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 Dollars ($ ► except as specified in Section 1.6 - Additional Services of the Agreement. 213 G "� Exhibit C Schedule of Performance Consultant shall complete all services within the date of this Agreement. ) days of 214 Exhibit D Special Requirements 0 �_ 215 ATTACHMENT 4 vrrir MAP 216 0 3 COUNCIL/RDA MEETING DATE: September 18, 2001 Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 29053-1, Renaissance AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 13 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29053-1, Renaissance. None. None. Tract 29053-1 is located west of Jefferson Street, north of Avenue 50 (Attachment 1), and consists of 43 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 September 6, 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 (Attachment 3) 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 (October 18, 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 217 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 29053-1, Renaissance; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29053-1, Renaissance; or 3. Provide staff with alternative direction. Respectfoly submitted, & laze . Chris A. Vogt -- Public Works Dir Attachments: r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 218 002 TAMDEMCOUNCIL\2001 \010918d.wpd RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 29053-1, 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 29053-1 is conditionally approved provided the subdivider submits all required items on or before October 18, 2001 . Section . 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 219 satisfaction. 0 0�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 October 18, 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 18th day of September, 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 220 0 0 �1 ATTACHMENT 1 ill AMOW 4e RANCI-0 LA OUMO aouwwy CLt* 4s LA Ou"it rA Cou"m CLL* ZZ5 Cff RUS COMRS-E rUU 2. L i T jL, 0 0 N 1 AVENUE 52 VICINITY MAP. (NO SCALE) 221 ATTACHMENT 2 a�g ��R�d t�p� o9j i� ➢e � i � alb kj Ij i�;� Bpi sit lif. tli MIR� lu a 1011 m 9 ! q lab 9p B 8 BISO�1�� 9 Q' � �3,g fil`rg��S'g; !„ b Or, i894il�8 ljp4 'lit aF � I P 4` !�B: I i�iiii�� tl � lit kr?i iI�g po,� , psS�p q�$yj �!rg E ye: ja111 �@° if9 �glil7'�p s� 411�I in Hlit rs;Bkill °. allISO like la 3 lit e6 Ps;p la- k b lit d I i�� E� E49 E� ! B �° � r�l � 1i pit B� 0 ° �@iI {8�1tI !IIVX��il�,�if°'glh � ��I�ss��!E��!! ,�I�€i�( n 9;�e d �9�p d 222 .0 i 223 o �p Riga his (.LiYIlIJ .L`SY1l1 �A,�R�II - - - srisae w cx* w m� b� p 3 m g � � SOO ell �rLa� �t�o►aa .�su�i �I,�atao�a�ow �� Q � 3 � b 1 T T Y v e y ' R 8 8 JOAN a" erns �' ALOAD N • 107 '�- .onto► is GldgiiLI"m JFN •°+ vows • 1� � �9/ .01 � N w8 �� •-.00YhT �1 .LYj• , .M . I ". ".al "lid d ,fi GDySt 0~8 II XMRAMV arl. ANTI • arw C N C 3mrot xarmm _ a�sr' AMM __,Ww --JWW— I" it N k h k I. ODD ODD04 WW WW _^_ .IVIW it It R lot b D.4 ITT a � �%% : irm Am% OIOIODII - w .MISM $�OCLOq�V N �J 25 Z a 8 �11 ,srs,p, ALA.J4Af q Ar" R jaw R q &.JDAW ,ars», .�. ,aQzin 4n,o/ r d w jowl !� ODrTI and .01 i0 Ntl bSIR arocs iJU�I►.II.IIN �.- t0 to Al E C +*� � � � N N � � • N .few E O.rssr ' ,acsn P k!a .ate � s�oaoav — w i w V D,WvfODD w w w JlLnu 1 1 w � V 2 0.1 _ F rows �s►.moav — Z —ALOAAW � — — �— — — l�#IL: A' — — — — ro X. J07 A HAMMaM W — —� ►, sum s N .Oovw aec o ti N A 1� w It � LIAM 'Q Es 3 3m �V V -L w w w � � _ ww ��p w •� O .� 2 27 ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT Tract 29053-1 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 , by and between La Quinta Jefferson Fifty, LLC, a 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. 29053-1 (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. 228 01 `3 T:\PWOEPT\STAFF\Martinez\Tracts\agreements\29053-1.wpd Page 1 of 6 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 Subdivider's 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). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., 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)0 j- T:\PWDEPT\STAFF\Martinez\Tracts\agreements\29053-1.wpd Page 2 of 6 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 Subdivider's 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 Subdivider's 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 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 Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 30 Goa T:\PWDEPT\STAFf\Martinez\Tracts\agreements\29053-1.wpd Page 3 of 6 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 Subdivider's 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 furnish 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 Improvements. 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 Subdivider's 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 -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped 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, 231 (j n T:\PWOEPT\STAFF\Martinez\Tracts\agreements\29063-1.wpd 0 Page 4 of 6 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. Severability. 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. 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 Date City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Gar 232 T:\PWDEPT\STAFF\Martinez\Tracts\agreements\29053-1.wpd Page 5 of 6 SUBDIVIDER: By: Title: By: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date La Quinta Jefferson Fifty LLC, A Limited Liability Co. (760)773-0677 1916le,,l fl7// Date Date 01 233 T:\PWDEPT\STAFF\Martinez\Tracts\agreements\29053-1.wpd Page 6 of 6 Exhibit A SECURITY - TRACT 29053-1 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 Grading Streets & Drainage Domestic Water Sanitary Sewer Dry Utilities Perimeter Wall - Jefferson Street Perimeter Landscaping - Jefferson Street Perimeter Wall - Ave. 50 Perimeter Landscaping - Ave. 50 ' Reimbursement costs for Jefferson Street Improvements ' Reimbursement costs for Jefferson Street/Ave. 50 Traffic Signal Monumentation Engineering & Plans (20% of Construction) No -Plans Contingency (35% of Project) Construction Subtotal: Total Performance 159,500.00 154,807.00 119,806.00 105,795.00 77,400.00 54,720.00 22,424.00 11,200.00 8,000.00 7,600.00 6,000.00 8,500.00 $735,752.00 147,150.00 309,016.00 $1,191,918.00 Labor & Materials 159,500.00 154,807.00 119,806.00 105,795.00 77,400.00 54,720.00 22,424.00 11.200.00 8,000.00 0.00 0.00 0.00 $713,652.00 ' Reimbursement costs for the Jefferson Street Improvements and Ave. 50 Traffic Signal are estimates. Actual amounts will be determined at the completion and/or close out of the Jefferson Street Improvement Project. 019 234 State of California County of Riverside On September 6, 2001 before me, Regenia Hensley Notary Public, personally appeared Ronald I. Schwartz and Steven I Gordon, proved to me on the basis of satisfactory evidence or 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 signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Seal) REGENIA HENSLEY COMMbsion # 1274458 notary PubIc - Colikvft Riverside Courdy My Comm. 6OAug 19, aA4 Document Description: Subdivision Improvement Agreement - Tract 29053-1 Number of Pages: Eight (8) including acknowledgment page 235 COUNCIL/RDA MEETING DATE: September 18, 2001 Acceptance of Improvements Associated with Parcel 29288, First School of the Desert AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 14 STUDY SESSION: PUBLIC HEARING: Accept improvements to Parcel 29288 and authorize staff to release security upon receiving warranty security. None. None. The First School of the Desert is located on the north side of Miles Avenue east of Adams Street. (Attachment 1). All improvements are now complete and other obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a spreadsheet indicating security to be released after the City receives the warranty security. The alternatives available to the City Council include: 1. Accept improvements to Parcel 29288 and authorize staff to release security upon receiving warranty security; or 2. Provide staff with alternative direction. 236 TAPW DEPT\COUNCIL\2001 \010918b. Wpd Respectfully submitted, L. /I /I Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Security Outline 237 oU r) T:\PWDEPT\COUNCIL\2001 \010918b.wpd ATTACHMENT 233 VICINITY MAP N.T.S. ATTACHMENT 2 PARCEL 29288 Performance Labor & Materials Warranty Improvement Security Security Security Landscaping & Sidewalk $48,674 $48,674 $4,867 Monumentation $1,500 $0 $0 $50,174 $48,674 $4,867 Release performance security when warranty security is received. Release payment security in 90 days (December 18, 2001). Release warranty security in one year (September 18, 2002). 239 TAMDEMCOUNCIL\2001 \010918b.wpd COUNCIL/RDA MEETING DATE: September 18, 2001 ITEM TITLE: Approval of a Corporate Cash Management Account Agreement with Wells Fargo Bank RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 16 STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to approve a Corporate Cash Management Account Agreement to select Dreyfus Treasury Prime Cash Management Fund as the first choice and Wells Fargo Treasury plus Money Market Fund as the second choice for investments into the City Sweep Account. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The current City Sweep Account operates on a next day sweep basis with the Wells Fargo Overland Treasury Fund which makes it difficult for staff to track the balance in the account. The proposed Sweep Funds are operated on a same day basis which will make tracking easier. The proposed Corporate Cash Management Account Agreement is included as Attachment 1. The bank has requested the selection of two funds in the event one of the funds is not available. The Investment Advisory Board reviewed these funds and recommends Dreyfus Treasury as the number one fund and Wells Fargo Treasury Plus as the second. FINDINGS AND RECOMMENDATIONS: The alternatives available to the City Council include: 1. Approve the Corporate Cash Management Account Agreement to select Dreyfus Treasury Prime Cash Management Fund as the first choice and Wells Fargo Treasury plus Money Market Fund as the second choice for investments into the City Sweep Account; or 240 2. Do not approve the Corporate Cash Management Account Agreement; or 3. Provide staff with alternative direction. pectfAly submitted, M. Falconer./Finance Director Approved for submission by: Thomas P. Genovese City Manager Attachment 1: Corporate Cash Management Account Agreement with Wells Fargo 241 ATTACHMENT NO. 1 CORPORATE CASH MANAGEMENT ACCOUNT AGREEMENT This Corporate Cash Management Account Agreement ("Agreement") is entered into as of the date set forth below by and between the undersigned customer ("Customer", severally and collectively if more than one) and Wells Fargo Bank, N.A., a national banking association ("Bank"). WHEREAS, Bank furnishes to its customers the Corporate Cash Management Account service described below (the "Service"); WHEREAS, Customer desires to obtain the Service from Bank; WHEREAS, Customer and Bank agree that the Service will be provided by Bank to Customer subject to the following terms and conditions. Customer and Bank agree as follows: 1. Accounts: Customer shall designate an account (the "Concentration Account") and may designate an account for the receipt of investment earnings (the "Interest Account"). The Concentration Account and the Interest Account may be maintained at Bank or at an affiliate of Bank ("Affiliate"). Customer and Bank shall jointly designate in Schedule A the desired target balance (the "Specified Balance") for the Concentration Account. 2. Investment Sweep Option: On each Monday through Friday, except days on which Bank or the Federal Reserve Bank is not open for business (each a "Business Day"), Bank will compute the excess funds position (the "Investment Sweep Amount") of the Concentration Account, based upon the Specified Balance. Only the balance available for immediate withdrawal (the "Collected Balance") above the Specified Balance will be swept. If the Investment Sweep Amount is greater than zero, Bank will debit the Concentration Account and Bank shall invest the resulting Investment Sweep Amount until the following Business Day in accordance with the investment sweep options designated by Customer (the "Designated Investment(s)"), subject to the Designated Investment(s) being made available by Bank or its agents. If the Concentration Account is maintained at an Affiliate, Customer authorizes and instructs Affiliate to allow Bank to debit and credit the Concentration Account as provided herein. Bank reserves the right to discontinue the availability of a particular investment option at any time without notice to Customer. Customer shall complete a CCMA Designated Investments form identifying those investments desired by Customer. The Investment Sweep Amount will not be swept until Bank has received a properly executed CCMA Designated Investments form; upon Bank's receipt of such form, Bank will begin sweeping the Investment Sweep Amount within ten (10) Business Days of receipt of such form. If the Designated Investment(s) are not available on any given Business Day, Customer instructs Bank to invest the Investment Sweep Amount in a "Repurchase Transaction" as defined in the Master Repurchase Agreement attached as Schedule B and incorporated herein by reference (the "Master Repurchase Agreement"). The Investment Sweep Amount will be allocated by Bank each Business Day among the Designated Investment(s) and any Repurchase Transactions by a proprietary computer program based on preset criteria for the 2 4 availability of investments. On the following Business Day, whatever the specific allocation of 004 Designated Investment(s), Bank will sweep the Investment Sweep Principal Amount to the CCMA Page 1 08101 Concentration Account for Customer's immediate use or reinvestment. However, the Investment Sweep Interest Amount will not be credited to the Concentration Account until after the close of business on the following Business Day. 3. Designated Investment(sl: In providing this service to Customer, Bank makes available to Customer certain investment options. Customer directs Bank to sweep funds into the investments designated by Customer. With respect to the investment options made available under this Agreement, Bank has various alternatives for where, from and how the investments are obtained. Bank may act as principal, as agent for the issuer or as agent for Customer in doing so. When acting as agent for the issuer, Bank receives compensation from the issuer, which may increase based on volume. Customer authorizes Bank to act in any of the above capacities as desired by Bank. When Bank acts as agent for Customer for mutual fund transactions, Bank represents numerous Customers as agent and such funds are held in Bank's name for the benefit of Customers. Bank provides all subsidiary accounting services on behalf of Customers for these purposes and is the only party authorized to effect transactions in the fund accounts. Customer authorizes Bank or its designee to transmit purchase and redemption orders to the mutual funds, and otherwise interact with the mutual funds, consistent with the terms of this Agreement. If the Designated Investments of Customer's choice are not available on a given day, the Investment Sweep Amount will be invested in whole or in part in a Repurchase Transaction. The Master Repurchase Agreement and this Agreement will apply to all such investments. If the Investment Sweep Amount is invested in whole or in part in a Repurchase Transaction, the repurchase counterparty (Bank or an Affiliate) will deliver to Bankers Trust, or any affiliate or subsidiary thereof, ("Bankers Trust") (or a similar party as determined by Bank), serving as a third party custodian for the benefit of Customer and the repurchase counterparty, the securities serving as collateral pursuant to the Master Repurchase Agreement and identified in Customer's daily confirmation of investment transaction(s). In the event of default by or insolvency of either Bank or the repurchase counterparty, Bankers Trust will contact Customer for instructions as to disposition of such collateral securities and distribution of any sale proceeds thereof. Customer expressly consents to Bankers Trust (or a similar party as determined by Bank) serving as third party custodian. The Bank will use its "Best Efforts" to make available an adequate amount of securities for the daily investment of Concentration Account funds. In the event that the Bank does not have adequate securities available for investment on a given day, the Bank reserves the right not to invest any part of the balances in a Customer's Concentration Account. In order to assist the Bank in determining what amount of securities may be necessary for investment, Customer agrees to notify Wells Fargo Institutional & Brokerage Sales at least one business day prior to the business day that Customer expects to have more than its usual balances in its Concentration Account for investment through the Service. 4. Interest Earnings and Expenses: The Designated Investment(s) and any Repurchase Transactions will be structured to earn interest on a daily basis. On commercial paper investment transactions where Bank is acting as principal or as agent for the issuer, the interest rate is based on current market conditions and may be changed daily without prior notice to Customer. As full or partial compensation for performing the Service and in connection with those Designated Investment(s) where Bank is acting as principal or agent, Bank reserves the right to charge a fee or take a mark-up on the sale of the Designated Investment(s) in addition to the monthly maintenance fee on Schedule C. The fee or mark-up may be up to 1.25% on balances of $100,000 or greater; the amount for balances less than $100,000 may be up to 1.75%. The amount of interest earned by Customer, net of any fees or mark-ups, will be 243 identified in periodic statements to Customer. Customer may obtain information on the current 65 CCMA Page 2 08101 interest rate(s) by contacting Bank. Bank will credit earnings to the Interest Account on each Business Day. 5. CCMA 4-Way Sweep Option: (a) 4-Way Sweep Authorization: If the 4-Way Sweep Option is designated in Schedule A, (i) Customer authorizes and directs Bank to apply the Investment Sweep Amount at the end of each Business Day first, to pay down the outstanding balance under the line of credit, if any, specified in Schedule A, or otherwise in writing, as the same may be modified from time to time, including all renewals or substitutions thereof whether in the same or a different principal amount or with the same or a different AFS number (the "Line of Credit"). All such payments will be applied to the Line of Credit in accordance with the terms of the loan documentation relating to the Line of Credit. If the Line of Credit balance is zero as a result of any such pay down, Bank is authorized and directed to invest the Investment Sweep Amount in accordance with Sections 2 and 3 of this Agreement. (ii) To the extent that the balance in the Concentration Account is less than the Specified Balance, Bank is authorized and directed to advance funds from the Line of Credit in an amount sufficient to restore the Collected Balance to the Specified Balance. Customer understands that such advances will be subject to the terms and conditions of the loan documentation relating to the Line of Credit, and that Bank may elect not to make any such advance at any time in its sole discretion. 6. Periodic Statements: Bank will provide periodic statements to Customer of investment transactions detailing daily transactions, accrued investment earnings, and a summary of earnings credited. Customer must review the statements and notify Bank of any errors, overcharges, improper investments or other problems with the Service (collectively, "Error(s)") within ten (10) Business Days of Bank's mailing of the first notice on which any such Error(s) appears. If Customer fails to notify Bank of such Error(s) within the time period set forth above, the confirmations and statements will be deemed to be correct and conclusive as to Customer. 7. Fees: Customer shall pay Bank those fees set forth on Schedule C attached hereto and incorporated herein by references (the "Fees"). At its discretion, the Bank is authorized to debit the Concentration Account for payment of the fees or, if Customer is a Cash Management Customer, Bank may charge Fees to Customer's account analysis. 8. Disclaimer: Bank is not providing any investment advice hereunder and makes no representation or warranty as to the suitability or safety of any of the investments made pursuant to this Agreement or Customer's choice of Designated Investment(s). As long as Bank or its Affiliates invest funds of Customer in Designated Investment(s) or in a Repurchase Transaction as provided herein, neither Bank nor Wells Fargo & Co. and Affiliates, or their employees, officers or directors shall be liable to Customer for any reason whatsoever related to the purchase of any Designated Investment(s) or a Repurchase Transaction for Customer's account. Bank makes no express or implied representations or warranties with respect to the Service other than those expressly set forth in this Agreement. 9. Authority of Banks to Appoint Agent(sl: Bank is authorized to appoint agents, including Affiliates or subsidiaries, to assist Bankers Trust in the performance of its obligations under this Agreement. 10. Amendments and Changes: Except as otherwise provided, Bank may amend the terms of this 244 Agreement (or of the attached Schedules) and the fees charged hereunder from time to time by 0 0 6 CCMA Page 3 08101 giving written notice to Customer or by mailing a copy of the amended Agreement or Schedule to Customer. Their prospectuses, and federal and state securities laws and regulations govern changes to fees charged by the mutual funds. Customer shall make any changes to its Designated Investment(s), or Specified Balances or accounts, through the execution of a new Designated Investment(s) form or Schedule A, respectively, by any person authorized by Customer to execute this Agreement and the delivery of such form or schedule to Bank on any Business Day. Any such changes shall become effective no later than five (5) Business Days following receipt by the Bank. 11. Schedules: All Schedules referenced in this Agreement are hereby incorporated by reference. In case of any inconsistency between the Schedules and this Agreement, the Schedules will prevail. Capitalized terms used in the Schedules shall have the meaning set forth in this Agreement, unless such terms are defined in the Schedules. 12. Counterparts: This Agreement may be executed in as many counterparts as may be deemed necessary or convenient, each of which, when so executed, shall be deemed an original, but all such counterparts shall constitute but one and the same agreement. 13. Notification: All written notices required by this Agreement shall be delivered or mailed to the other parties at the addresses set forth below or to such other address as a party may specify in writing. Notices sent hereunder shall be effective upon receipt, or if personally delivered, telexed or mailed as herein described, on the earlier to occur of delivery or five (5) Business Days after the postmarked date (if mailed). 14. Multiple Signers: If this Agreement covers more than one legal entity, each such entity shall be included in the term "Customer" and each such entity shall execute Schedule D pursuant to which they will agree to be bound by the terms and conditions of this Agreement. Bank may take instructions and direction from any party signing this Agreement on behalf of all signers. All signers authorize Bank to act on such instructions and direction. Such authorization shall include but not be limited to any changes or amendments to this Agreement or changes to Designated Investments or any schedule. Whether or not indicated on such instructions or direction, such actions shall be deemed to have been taken on behalf of all legal entities included in the term "Customer" hereunder. Notice sent to a signer of this Agreement should be deemed notice to all signers of Schedule D. 15. Governing Law: This Agreement shall be governed by and construed under the laws of the State of California, without giving effect to the conflict of laws principles of such state. 16. Assignment: We may at any time assign or delegate our rights and duties under the Service Documents to any of our Affiliates that are owned or controlled by Wells Fargo & Company. Otherwise, neither we nor you may assign or transfer its rights or obligations under any Service Document without prior written consent which shall not be unreasonably withheld. We may at any time assign or sell our operations facilities which provide the Services. 17. Termination: Bank or Customer may terminate the Service with or without cause upon written notice of at least ten (10) calendar days. Bank or Customer may immediately terminate the Service by giving written notice if either party violates any of the terms of conditions for using the Service. 18. Limitation on Liability: Bank's liability relating to the Service shall be limited exclusively to actual proven damages arising directly from Bank's negligence or willful misconduct. In no 24.) event shall Bank be liable for any special, incidental, indirect, consequential or punitive losses or 06-7 CCMA Page 4 08101 damages, whether any claim is based on contract or tort or whether the likelihood of such damages was known to Bank. Bank will perform the Service in a manner consistent with the quality provided when Bank performs similar services for its own account. Bank, however, cannot be responsible for the errors, acts or omissions of others, such as communications carriers, correspondents or clearing houses through which Bank may effect Customer instructions or receive or transmit information in the performance of the Service. Bank cannot be responsible for any loss, liability or delay resulting from or caused by war, communications networks outages, labor disputes, legal constraints, fires, power surges or failures, earthquakes, civil disturbances or other events beyond Bank's control. In addition, Bank shall not be liable for any losses or damages caused, in whole or in part, by the action or inaction of Customer, or any agent or employee of Customer, whether or not such action or inaction constitutes negligence or a breach of this Agreement. 19. Arbitration: (a) Arbitration: Upon the demand of any party, any Dispute shall be resolved by binding arbitration in accordance with the terms of this Section 19 [except as set forth in subsection (e) below]. A "Dispute" shall mean any action, dispute, claim or controversy of any kind, whether in contract or tort, statutory or common law, legal or equitable, now existing or hereafter arising under or in connection with, or in any way pertaining to this Agreement. Any party may by summary proceedings, brings an action in court to compel arbitration of a Dispute. Any party who fails or refuses to submit to arbitration following a lawful demand by any other party shall bear all costs and expenses incurred by such other party in compelling arbitration of any Dispute. (b) Governing Rules: the American Arbitration Association ("AAA") or such other administrator shall administer Arbitration proceedings, as the parties shall mutually agree upon. Arbitration shall be conducted in accordance with the AAA Commercial Arbitration Rules. If there is any inconsistency between the terms hereof and any such rules, the terms and procedures set forth herein shall control. All Disputes submitted to arbitration shall be resolved in accordance with the Federal Arbitration Act (Title 9 of the United States Code). The arbitration shall be conducted at a location in California selected by the AAA or other administrator. All statutes of limitation applicable to any Dispute shall apply to any arbitration proceeding. All discovery activities shall be expressly limited to matters directly relevant to the Dispute being arbitrated. Judgment upon any award rendered in an arbitration may be entered in any court having jurisdiction; provided however, that nothing contained herein shall be deemed to be a waiver, by any party that is a bank, of the protections afforded to it under 12 U.S.C. §91 or any similar applicable state law. (c) No Waiver: Provisional Remedies: No provision hereof shall limit the right of any party to obtain provisional or ancillary remedies, including without limitation injunctive relief, attachment or the appointment of a receiver, from a court of competent jurisdiction before, after or during the pendency of any arbitration or other proceeding. The exercise of any such remedy shall not waive the right of any party to compel arbitration or reference hereunder. (d) Arbitrator Qualifications and Powers: Awards: Arbitrators must be active members of the California State Bar or retired judges of the state or federal judiciary of California, with expertise in the substantive laws applicable to the subject matter of the Dispute. Arbitrators are empowered to resolve Disputes by summary rulings in response to motions filed prior to the final arbitration hearing. Arbitrators (i) shall resolve all Disputes in accordance with the substantive law of the state of California, (ii) may grant any remedy or relief that a court of the state of California could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award, and (iii) shall have the power to award recovery of all costs and fees, to impose sanctions and to take such other actions as they deem necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the California Rules of Civil Procedure or other applicable law. A single arbitrator who shall not render an 7 4 R award of greater than $5,000,000 (including damages, costs, fees and expenses) shall decide any P-W Dispute in which the amount in controversy is $5,000,000 or less. By submission to a single arbitrator, CCMA Page 5 08101 each party expressly waives any right or claim to recover more than $5,000,000. Any Dispute in which the amount in controversy exceeds $5,000,000 shall be decided by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations. (e) Judicial Review: Notwithstanding anything herein to the contrary, in any arbitration in which the amount in controversy exceeds $5,000,000, the arbitrators shall be required to make specific, written findings of fact and conclusions of law. In such arbitrations (i) the arbitrators shall not have the power to make any award which is not supported by substantial evidence or which is based on legal error, (ii) an award shall not be binding upon the parties unless the findings of fact are supported by substantial evidence and the conclusions of law are not erroneous under the substantive law of the state of California, and (iii) the parties shall have in addition to the grounds referred to in the Federal Arbitration Act for vacating, modifying or correcting an award, the right to judicial review of (A) whether the findings of fact rendered by the arbitrators are supported by substantial evidence, and (B) whether the conclusions of law are erroneous under the substantive law of the state of California. Judgment confirming an award in such a proceeding may be entered only if a court determines the award is supported by substantial evidence and not based on legal error under the substantive law of the state of California. (f) Damages: The arbitrator(s) will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this Section. Any award in arbitration under this Section shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. (g) Miscellaneous: To the maximum extent practicable, the AAA, the arbitrators and the parties shall take all action required to conclude any arbitration proceeding within 180 days of the filing of the Dispute with the AAA. No arbitrator or other party to an arbitration proceeding may disclose the existence, content or results thereof, except for disclosures of information by a party required in the ordinary course of its business, by applicable law or regulation, or to the extent necessary to exercise any judicial review rights set forth herein. This arbitration provision shall survive termination, amendment or expiration of the Agreement or any relationship between the parties. 20. Disclosure of Customer Information: Customer consents to the disclosure of Customer information to Wells Fargo & Co. or any Affiliate or subsidiary. 21. DISCLOSURE STATEMENT: IMPORTANT INFORMATION GENERAL Funds deposited into the Concentration Account or the Interest Account are insured by the Federal Deposit Insurance Corporation (FDIC), subject to the FDIC's terms for such insurance but only until they are swept into investment instruments. Investment instruments offered, sold, or placed by Bank are not deposits in or obligations of, and are not guaranteed by, Bank or any Affiliate (except for Repurchase Agreements, see below); and are not insured by the FDIC, the Securities Investors Protection Corporation, or the United States of America. Investment instruments offered, sold, or placed by Bank are subject to investment risk including possible loss of principal invested or the nonpayment of interest. Yields vary with market conditions. Past performance is no guarantee of future results. WELLS FARGO: Wells Fargo Funds Management, LLC, a wholly -owned subsidiary of Wells Fargo & Company, provides investment advisory and administrative services for the Wells Fargo Funds. Other affiliates of Wells Fargo & Company provide sub -advisory and other services for the Funds. The Funds are distributed by Stephens Inc., Member NYSE/SIPC. Wells Fargo & Company and its affiliates are not affiliated with Stephens Inc. Fees for such services are disclosed in the prospectuses for those funds. 247 LWIC, CCMA Page 6 08101 REPURCHASE AGREEMENTS: Repurchase Agreement transactions are obligations of, but not deposits with, the repurchase counterparty (the Bank or Affiliates). COMMERCIAL PAPER: Bank may act as agent for the issuer or as agent for Customer for commercial paper transactions. Commercial paper is an unsecured obligation of the respective issuer. MUTUAL FUNDS: Bank may act as agent or as principal for Customer for mutual fund transactions. Money Market Mutual Funds seek to preserve the value of your investment at $1.00 per share; it is possible to lose money by investing in the money market mutual funds. GOVERNMENT SPONSORED ENTERPRISES ("GSE'T Bank will act as principal for all GSE transactions. Discount notes and other short-term obligations issued by GSE's are obligations of their respective issuers. The obligations of such issuers are not obligations of, nor are they guaranteed by, the United States of America. PROSPECTUSES AND OTHER INVESTMENT INFORMATION: Prior to Customer's choice of Designated Investment(s), Customer acknowledges having received and read current prospectuses or other information regarding the Designated Investments, including but not limited to Offering Statements and Information Statements, as applicable, describing the investments being offered. Customer acknowledges Customer has read and understands the Corporate Cash Management Account Agreement, including the Disclosure Statement, the Designated Investments Form and all Schedules. Bank WELLS FARGO BANK, N.A. 1111 Main Street, Suite 306 MAC P6769-031 Vancouver, WA 98660 By: Dealer Bank Officer Signature Officer Title Date Customer Company Name Taxpayer ID No: By: Company Officer Signature Officer Title Date By: Company Officer Signature Officer Title Date 248 010 CCMA 08101 Page 7 Designated Investments Form Corporate Cash Management Account Agreement Wells Fargo Bank, N.A. IMPORTANT INSTRUCTIONS: PLEASE READ BEFORE COMPLETING 1. You may select multiple investment options. If you do, please rank them in the order that you wish to invest your funds; for example, 1 for first, 2 for second, etc. Rank Commercial Paper (CP) or Mutual Fund (MF) choices, higher than Government Sponsored Enterprise (GSE) choices. 2. If you do not wish to invest your funds with a particular issuer, please leave that issuer line blank. 3. You may select the CP option or the MF option, but you may not select both. 4. If you select a CP issuer(s) or a MF issuer(s), then you must also select at least one GSE issuer. 1. Commercial Paper Investment Option General Mills, Inc. Weyerhaeuser Real Estate or Weyerhaeuser Company, whichever is available 2. Mutual Fund Investment Option Wells Fargo Cash Investment Money Market Fund Wells Fargo Treasury Plus Institutional Money Market Fund Dreyfus Treasury Prime Cash Management 3. Government Sponsored Enterprise & PEFCO' Investment Option (Must select at least one) Federal Farm Credit Bank ("FFCB") Federal Home Loan Bank ("FHLB") Federal National Mortgage Association ("Fannie Mae") Private Export Funding Corp. ("PEFCO") This form lists Customer's choice of investments for the Corporate Cash Management Account Agreement (the "Agreement") between Customer and Bank (as defined therein) and is subject to the terms of the Agreement. Customer acknowledges having read and understood the Disclosure Statement in the Agreement. Company Name By: Company Officer Signature Officer Title Date ' Pefco is not a GSE and may not fall within certain regulatory guidelines. 249 01-1 CCMA Page 8 08101 Schedule A Designated Accounts, Specified Balances and 4-Way Sweep Option Corporate Cash Management Account Agreement Wells Fargo Bank, N.A. The Concentration Account, Interest Account and Specified Balance listed below are subject to the Corporate Cash Management Account Agreement. Concentration Account Name Account Number Interest Account Name Account Number (Maybe the Concentration Account) Specified Balance (if desired) Customer does does not (check one) want the 4-Way Sweep Option. If "does" is checked, the Line of Credit number is: If this Schedule A is executed to replace an existing Schedule A to the Corporate Cash Management Account Agreement, then the following paragraph applies: This new Schedule replaces any existing Schedule A to the Corporate Cash Management Account Agreement. Except for this change, the terms and conditions of the Corporate Cash Management Account Agreement (including the Disclosure Statement, Designated Investment form and all Schedules) apply and are reaffirmed. Company Name By: Company Officer Signature Officer Title Date 250 012 CCMA Page 9 08101 Schedule B Master Repurchase Agreement Corporate Cash Management Account Agreement Wells Fargo Bank, N.A. Between: Wells Fargo Bank, N.A. And Customer, as designated in the Corporate Cash Management Account Agreement ("CCMA Agreement") to which this Agreement is attached and incorporated into by reference. 1. Applicability From time to time the parties hereto may enter into transactions in which one party ("Seller") agrees to transfer to the other ("Buyer") securities or other assets ("Securities") against the transfer of funds by Buyer, with a simultaneous agreement by Buyer to transfer to Seller such Securities at a date certain or on demand, against the transfer of funds by Seller. Each such transaction shall be referred to herein as a "Transaction" and, unless otherwise agreed in writing, shall be governed by this Agreement, including any supplemental terms or conditions contained in Annex I hereto and in any other annexes identified herein or therein as applicable hereunder. 2. Definitions (a) "Act of Insolvency", with respect to any party, (i) the commencement by such party as debtor of any case or proceeding under any bankruptcy, insolvency, reorganization, liquidation, moratorium, dissolution, delinquency or similar law, or such party seeking the appointment or election of a receiver, conservator, trustee, custodian or similar official for such party or any substantial part of its property, or the convening of any meeting of creditors for purposes of commencing any such case or proceeding or seeking such an appointment or election, (ii) the commencement of any such case or proceeding against such party, or another seeking such an appointment or election, or the filing against a party of an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970, which (A) is consented to or not timely contested by such party, (B) results in the entry of an order for relief, such an appointment or election, the issuance of such a protective decree or the entry of an order having a similar effect, or (C) is not dismissed within 15 days, (iii) the making by such party of a general assignment for the benefit of creditors, or (iv) the admission in writing by such party of such party's inability to pay such party's debts as they become due; (b) "Additional Purchased Securities", Securities provided by Seller to Buyer pursuant to Paragraph 4(a) hereof (c) "Buyer's Margin Amount", with respect to any Transaction as of any date, the amount obtained by application of the Buyer's Margin Percentage to the Repurchase Price for such Transaction as of such date; (d) "Buyer's Margin Percentage", with respect to any Transaction as of any date, a percentage (which may be equal to the Seller's Margin Percentage) agreed to by Buyer and Seller or, in the absence of any such agreement, the percentage obtained by dividing the Market Value of the Purchased Securities on the Purchase Date by the Purchase Price on the Purchase Date for such Transaction; 251 (e) "Confirmation", the meaning specified in Paragraph 3(b) hereof; (f) "Income", with respect to any Security at any time, any principal thereof and all interest, 0.(3 dividends or other distributions thereon; I CCMA Page 10 08/01 (g) "Margin Deficit", the meaning specified in Paragraph 4(a) hereof; (h) "Margin Excess", the meaning specified in Paragraph 4(b) hereof; (i) "Margin Notice Deadline", the time agreed to by the parties in the relevant Confirmation, Annex I hereto or otherwise as the deadline for giving notice requiring same -day satisfaction of margin maintenance obligations as provided in Paragraph 4 hereof (or, in the absence of any such agreement, the deadline for such purposes established in accordance with market practice); 0) "Market Value", with respect to any Securities as of any date, the price for such Securities on such date obtained from a generally recognized source agreed to by the parties or the most recent closing bid quotation from such a source, plus accrued Income to the extent not included therein (other than any Income credited or transferred to, or applied to the obligations of, Seller pursuant to Paragraph 5 hereof) as of such date (unless contrary to market practice for such Securities); (k) "Price Differential", with respect to any Transaction as of any date, the aggregate amount obtained by daily application of the Pricing Rate for such Transaction to the Purchase Price for such Transaction on a 360 day per year basis for the actual number of days during the period commencing on (and including) the Purchase Date for such Transaction and ending on (but excluding) the date of determination (reduced by any amount of such Price Differential previously paid by Seller to Buyer with respect to such Transaction); (1) "Pricing Rate", the per annum percentage rate for determination of the Price Differential; (m) " Prime Rate", the prime rate of U.S. commercial banks as published in The Wall Street Journal (or, if more than one such rate is published, the average of such rates); (n) "Purchase Date", the date on which Purchased Securities are to be transferred by Seller to Buyer; (o) "Purchase Price", (i) on the Purchase Date, the price at which Purchased Securities are transferred by Seller to Buyer, and (ii) thereafter, except where Buyer and Seller agree otherwise, such price increased by the amount of any cash transferred by Buyer to Seller pursuant to Paragraph 4(b) hereof and decreased by the amount of any cash transferred by Seller to Buyer pursuant to Paragraph 4(a) hereof or applied to reduce Seller's obligations under clause (ii) of Paragraph 5 hereof; (p) "Purchased Securities", the Securities transferred by Seller to Buyer in a Transaction hereunder, and any Securities substituted therefor in accordance with Paragraph 9 hereof. The term "Purchased Securities" with respect to any Transaction at any time also shall include Additional Purchased Securities delivered pursuant to Paragraph 4(a) hereof and shall exclude Securities returned pursuant to Paragraph 4(b) hereof; (q) "Repurchase Date", the date on which Seller is to repurchase the Purchased Securities from Buyer, including any date determined by application of the provisions of Paragraph 3(c) or 11 hereof; (r) "Repurchase Price", the price at which Purchased Securities are to be transferred from Buyer to Seller upon termination of a Transaction, which will be determined in each case (including Transactions terminable upon demand) as the sum of the Purchase Price and the Price Differential as of the date of such determination; (s) "Seller's Margin Amount", with respect to any Transaction as of any date, the amount obtained by application of the Seller's Margin Percentage to the Repurchase Price for such Transaction as of such date; (t) "Seller's Margin Percentage", with respect to any Transaction as of any date, a percentage (which may be equal to the Buyer's Margin Percentage) agreed to by Buyer and Seller or, in the absence of any such agreement, the percentage obtained by dividing the Market Value of the Purchased Securities on the Purchase Date by the Purchase Price on the Purchase Date for such Transaction. 3. Initiation; Confirmation; Termination (a) An agreement to enter into a Transaction may be made orally or in writing at the initiation of either Buyer or Seller. On the Purchase Date for the Transaction, the Purchased Securities shall be transferred to Buyer or its agent against the transfer of the Purchase Price to an account of Seller. (b) Upon agreeing to enter into a Transaction hereunder, Buyer or Seller (or both), as shall be agreed, shall promptly deliver to the other party a written confirmation of each Transaction (a "Confirmation"). The Confirmation shall describe the Purchased Securities (including CUSIP number, if any), identify Buyer and Seller and set forth (i) the Purchase Date, (ii) the Purchase Price, (iii) the Repurchase Date, unless the Transaction is to be terminable on demand, (iv) the Pricing Rate or 2 Repurchase Price applicable to the Transaction, and (v) any additional terms or conditions of the - A Transaction not inconsistent with this Agreement. The Confirmation, together with this Agreement, shall 1 4 CCMA Page 11 08101 constitute conclusive evidence of the terms agreed between Buyer and Seller with respect to the Transaction to which the Confirmation relates, unless with respect to the Confirmation specific objection is made promptly after receipt thereof. In the event of any conflict between the terms of such Confirmation and this Agreement, this Agreement shall prevail. (c) In the case of Transactions terminable upon demand, such demand shall be made by Buyer or Seller, no later than such time as is customary in accordance with market practice, by telephone or otherwise on or prior to the business day on which such termination will be effective. On the date specified in such demand, or on the date fixed for termination in the case of Transactions having a fixed term, termination of the Transaction will be effected by transfer to Seller or its agent of the Purchased Securities and any Income in respect thereof received by Buyer (and not previously credited or transferred to, or applied to the obligations of, Seller pursuant to Paragraph 5 hereof) against the transfer of the Repurchase Price to an account of Buyer. 4. Margin Maintenance (a) If at any time the aggregate Market Value of all Purchased Securities subject to all Transactions in which a particular party hereto is acting as Buyer is less than the aggregate Buyer's Margin Amount for all such Transactions (a "Margin Deficit"), then Buyer may by notice to Seller require Seller in such Transactions, at Seller's option, to transfer to Buyer cash or additional Securities reasonably acceptable to Buyer ("Additional Purchased Securities"), so that the cash and aggregate Market Value of the Purchased Securities, including any such Additional Purchased Securities, will thereupon equal or exceed such aggregate Buyer's Margin Amount (decreased by the amount of any Margin Deficit as of such date arising from any Transactions in which such Buyer is acting as Seller). (b) If at any time the aggregate Market Value of all Purchased Securities subject to all Transactions in which a particular party hereto is acting as Seller exceeds the aggregate Seller's Margin Amount for all such Transactions at such time (a "Margin Excess"), then Seller may by notice to Buyer require Buyer in such Transactions, at Buyer's option, to transfer cash or Purchased Securities to Seller, so that the aggregate Market Value of the Purchased Securities, after deduction of any such cash or any Purchased Securities so transferred, will thereupon not exceed such aggregate Seller's Margin Amount (increased by the amount of any Margin Excess as of such date arising from any Transactions in which such Seller is acting as Buyer). (c) If any notice is given by Buyer or Seller under subparagraph (a) or (b) of this Paragraph at or before the Margin Notice Deadline on any business day, the party receiving such notice shall transfer cash or Additional Purchased Securities as provided in such subparagraph no later than the close of business in the relevant market on such day. If any such notice is given after the Margin Notice Deadline, the party receiving such notice shall transfer such cash or Securities no later than the close of business in the relevant market on the next business day following such notice. (d) Any cash transferred pursuant to this Paragraph shall be attributed to such Transactions as shall be agreed upon by Buyer and Seller. (e) Seller and Buyer may agree, with respect to any or all Transactions hereunder, that the respective rights of Buyer or Seller (or both) under subparagraphs (a) and (b) of this Paragraph may be exercised only where a Margin Deficit or Margin Excess, as the case may be, exceeds a specified dollar amount or a specified percentage of the Repurchase Prices for such Transactions (which amount or percentage shall be agreed to by Buyer and Seller prior to entering into any such Transactions). (f) Seller and Buyer may agree, with respect to any or all Transactions hereunder, that the respective rights of Buyer and Seller under subparagraphs (a) and (b) of this Paragraph to require the elimination of a Margin Deficit or a Margin Excess, as the case may be, may be exercised whenever such a Margin Deficit or Margin Excess exists with respect to any single Transaction hereunder (calculated without regard to any other Transaction outstanding under this Agreement). 253 A 5 CCMA Page 12 08101 5. Income Payments Seller shall be entitled to receive an amount equal to all Income paid or distributed on or in respect of the Securities that is not otherwise received by Seller, to the full extent it would be so entitled if the Securities had not been sold to Buyer. Buyer shall, as the parties may agree with respect to any Transaction (or, in the absence of any such agreement, as Buyer shall reasonably determine in its discretion), on the date such Income is paid or distributed either (i) transfer to or credit to the account of Seller such Income with respect to any Purchased Securities subject to such Transaction or (ii) with respect to Income paid in cash, apply the Income payment or payments to reduce the amount, if any, to be transferred to Buyer by Seller upon termination of such Transaction. Buyer shall not be obligated to take any action pursuant to the preceding sentence (A) to the extent that such action would result in the creation of a Margin Deficit, unless prior thereto or simultaneously therewith Seller transfers to Buyer cash or Additional Purchased Securities sufficient to eliminate such Margin Deficit, or (B) if an Event of Default with respect to Seller has occurred and is then continuing at the time such Income is paid or distributed. 6. Security Interest Although the parties intend that all Transactions hereunder be sales and purchases and not loans, in the event any such Transactions are deemed to be loans, Seller shall be deemed to have pledged to Buyer as security for the performance by Seller of its obligations under each such Transaction, and shall be deemed to have granted to Buyer a security interest in, all of the Purchased Securities with respect to all Transactions hereunder and all Income thereon and other proceeds thereof. 7. Payment and Transfer Unless otherwise mutually agreed, all transfers of funds hereunder shall be in immediately available funds. All Securities transferred by one party hereto to the other party (i) shall be in suitable form for transfer or shall be accompanied by duly executed instruments of transfer or assignment in blank and such other documentation as the party receiving possession may reasonably request, (ii) shall be transferred on the book -entry system of a Federal Reserve Bank, or (iii) shall be transferred by any other method mutually acceptable to Seller and Buyer. Required Disclosure for Transactions in Which the Seller Retains Custody of the Purchased Securities Seller is not permitted to substitute other securities for those subject to this Agreement and therefore must keep Buyer's securities segregated at all times, unless in this Agreement Buyer grants Seller the right to substitute other securities. If Buyer grants the right to substitute, this means that Buyer's securities will likely be commingled with Seller's own securities during the trading day. Buyer is advised that, during any trading day that Buyer's securities are commingled with Seller's securities, they may be subject to liens granted by Seller to third parties and may be used by Seller for deliveries on other securities transactions. Whenever the securities are commingled, Seller's ability to resegregate substitute securities for Buyer will be subject to Seller's ability to satisfy any lien or to obtain substitute securities. 8. Segregation of Purchased Securities To the extent required by applicable law, all Purchased Securities in the possession of Seller shall be segregated from other securities in its possession and shall be identified as subject to this Agreement. Segregation may be accomplished by appropriate identification on the books and records of the holder, including a financial or securities intermediary or a clearing corporation. All of Seller's interest in the Purchased Securities shall pass to Buyer on the Purchase Date and, unless otherwise agreed by Buyer and Seller, nothing in this Agreement 254 shall preclude Buyer from engaging in repurchase transactions with the Purchased Securities or A. CCMA Page 13 08101 otherwise selling, transferring, pledging or hypothecating the Purchased Securities, but no such transaction shall relieve Buyer of its obligations to transfer Purchased Securities to Seller pursuant to Paragraph 3, 4 or 11 hereof, or of Buyer's obligation to credit or pay Income to, or apply Income to the obligations of, Seller pursuant to Paragraph 5 hereof. 9. Substitution (a) Seller may, subject to agreement with and acceptance by Buyer, substitute other Securities for any Purchased Securities. Such substitution shall be made by transfer to Buyer of such other Securities and transfer to Seller of such Purchased Securities. After substitution, the substituted Securities shall be deemed to be Purchased Securities. (b) In Transactions in which Seller retains custody of Purchased Securities, the parties expressly agree that Buyer shall be deemed, for purposes of subparagraph (a) of this Paragraph, to have agreed to and accepted in this Agreement substitution by Seller of other Securities for Purchased Securities; provided, however, that such other Securities shall have a Market Value at least equal to the Market Value of the Purchased Securities for which they are substituted. 10. Representations Each of Buyer and Seller represents and warrants to the other that (i) it is duly authorized to execute and deliver this Agreement, to enter into Transactions contemplated hereunder and to perform its obligations hereunder and has taken all necessary action to authorize such execution, delivery and performance, (ii) it will engage in such Transactions as principal (or, if agreed in writing, in the form of an annex hereto or otherwise, in advance of any Transaction by the other party hereto, as agent for a disclosed principal), (iii) the person signing this Agreement on its behalf is duly authorized to do so on its behalf (or on behalf of any such disclosed principal), (iv) it has obtained all authorizations of any governmental body required in connection with this Agreement and the Transactions hereunder and such authorizations are in full force and effect and (v) the execution, delivery and performance of this Agreement and the Transactions hereunder will not violate any law, ordinance, charter, by-law or rule applicable to it or any agreement by which it is bound or by which any of its assets are affected. On the Purchase Date for any Transaction Buyer and Seller shall each be deemed to repeat all the foregoing representations made by it. 11. Events of Default In the event that (i) Seller fails to transfer or Buyer fails to purchase Purchased Securities upon the applicable Purchase Date, (ii) Seller fails to repurchase or Buyer fails to transfer Purchased Securities upon the applicable Repurchase Date, (iii) Seller or Buyer fails to comply with Paragraph 4 hereof, (iv) Buyer fails, after one business day's notice, to comply with Paragraph 5 hereof, (v) an Act of Insolvency occurs with respect to Seller or Buyer, (vi) any representation made by Seller or Buyer shall have been incorrect or untrue in any material respect when made or repeated or deemed to have been made or repeated, or (vii) Seller or Buyer shall admit to the other its inability to, or its intention not to, perform any of its obligations hereunder (each an "Event of Default"): (a) The non -defaulting party may, at its option (which option shall be deemed to have been exercised immediately upon the occurrence of an Act of Insolvency), declare an Event of Default to have occurred hereunder and, upon the exercise or deemed exercise of such option, the Repurchase Date for each Transaction hereunder shall, if it has not already occurred, be deemed immediately to occur (except that, in the event that the Purchase Date for any Transaction has not yet occurred as of the date of such exercise or deemed exercise, such Transaction shall be deemed immediately canceled). The non - defaulting party shall (except upon the occurrence of an Act of Insolvency) give notice to the defaulting party of the exercise of such option as promptly as practicable. 017 CCMA Page 14 08101 (b) In all Transactions in which the defaulting party is acting as Seller, if the non -defaulting party exercises or is deemed to have exercised the option referred to in subparagraph (a) of this Paragraph, (1) the defaulting party's obligations in such Transactions to repurchase all Purchased Securities, at the Repurchase Price therefor on the Repurchase Date determined in accordance with subparagraph (a) of this Paragraph, shall thereupon become immediately due and payable, (ii) all Income paid after such exercise or deemed exercise shall be retained by the non -defaulting party and applied to the aggregate unpaid Repurchase Prices and any other amounts owing by the defaulting party hereunder, and (iii) the defaulting party shall immediately deliver to the non -defaulting party any Purchased Securities subject to such Transactions then in the defaulting party's possession or control. (c) In all Transactions in which the defaulting party is acting as Buyer, upon tender by the non -defaulting party of payment of the aggregate Repurchase Prices for all such Transactions, all right, title and interest in and entitlement to all Purchased Securities subject to such Transactions shall be deemed transferred to the non -defaulting party, and the defaulting party shall deliver all such Purchased Securities to the non -defaulting party. (d) If the non -defaulting party exercises or is deemed to have exercised the option referred to in subparagraph (a) of this Paragraph, the non -defaulting party, without prior notice to the defaulting party, may: (i) As to Transactions in which the defaulting party is acting as Seller, (A) immediately sell, in a recognized market (or otherwise in a commercially reasonable manner) at such price or prices as the non -defaulting party may reasonably deem satisfactory, any or all Purchased Securities subject to such Transactions and apply the proceeds thereof to the aggregate unpaid Repurchase Prices and any other amounts owing by the defaulting party hereunder or (B) in its sole discretion elect, in lieu of selling all or a portion of such Purchased Securities, to give the defaulting party credit for such Purchased Securities in an amount equal to the price therefor on such date, obtained from a generally recognized source or the most recent closing bid quotation from such a source, against the aggregate unpaid Repurchase Prices and any other amounts owing by the defaulting party hereunder; and (ii) As to Transactions in which the defaulting party is acting as Buyer, (A) immediately purchase, in a recognized market (or otherwise in a commercially reasonable manner) at such price or prices as the non -defaulting party may reasonably deem satisfactory, securities ("Replacement Securities") of the same class and amount as any Purchased Securities that are not delivered by the defaulting party to the non - defaulting party as required hereunder or (B) in its sole discretion elect, in lieu of purchasing Replacement Securities, to be deemed to have purchased Replacement Securities at the price therefor on such date, obtained from a generally recognized source or the most recent closing offer quotation from such a source. Unless otherwise provided in Annex I, the parties acknowledge and agree that (1) the Securities subject to any Transaction hereunder are instruments traded in a recognized market, (2) in the absence of a generally recognized source for prices or bid or offer quotations for any Security, the non -defaulting party may establish the source therefor in its sole discretion and (3) all prices, bids and offers shall be determined together with accrued Income (except to the extent contrary to market practice with respect to the relevant Securities). (e) As to Transactions in which the defaulting party is acting as Buyer, the defaulting party shall be liable to the non -defaulting party for any excess of the price paid (or deemed paid) by the non - defaulting party for Replacement Securities over the Repurchase Price for the Purchased Securities replaced thereby and for any amounts payable by the defaulting party under Paragraph 5 hereof or otherwise hereunder. (f) For purposes of this Paragraph 11, the Repurchase Price for each Transaction hereunder in respect of which the defaulting party is acting as Buyer shall not increase above the amount of such Repurchase Price for such Transaction determined as of the date of the exercise or deemed exercise by the non -defaulting party of the option referred to in subparagraph (a) of this Paragraph. (g) The defaulting party shall be liable to the non -defaulting party for (i) the amount of all reasonable legal or other expenses incurred by the non -defaulting party in connection with or as a result of an Event of Default, (ii) damages in an amount equal to the cost (including all fees, expenses and commissions) of entering into replacement transactions and entering into or terminating hedge 256 transactions in connection with or as a result of an Event of Default, and (iii) any other loss, damage, cost CCMA Page 15 08101 or expense directly arising or resulting from the occurrence of an Event of Default in respect of a Transaction. (h) To the extent permitted by applicable law, the defaulting party shall be liable to the non - defaulting party for interest on any amounts owing by the defaulting party hereunder, from the date the defaulting party becomes liable for such amounts hereunder until such amounts are (i) paid in full by the defaulting party or (ii) satisfied in full by the exercise of the non -defaulting party's rights hereunder. Interest on any sum payable by the defaulting party to the non -defaulting party under this Paragraph 11(h) shall be at a rate equal to the greater of the Pricing Rate for the relevant Transaction or the Prime Rate. (i) The non -defaulting party shall have, in addition to its rights hereunder; any rights otherwise available to it under any other agreement or applicable law. 12. Single Agreement Buyer and Seller acknowledge that, and have entered hereunto and will enter into each Transaction hereunder in consideration of and in reliance upon the fact that; all Transactions hereunder constitute a single business and contractual relationship and have been made in consideration of each other. Accordingly, each of Buyer and Seller agrees (i) to perform all of its obligations in respect of each Transaction hereunder, and that a default in the performance of any such obligations shall constitute a default by it in respect of all Transactions hereunder, (ii) that each of them shall be entitled to set off claims and apply property held by them in respect of any Transaction against obligations owing to them in respect of any other Transactions hereunder and (iii) that payments, deliveries and other transfers made by either of them in respect of any Transaction shall be deemed to have been made in consideration of payments, deliveries and other transfers in respect of any other Transactions hereunder, and the obligations to make any such payments, deliveries and other transfers may be applied against each other and netted. 13. Notices and Other Communications Any and all notices, statements, demands or other communications hereunder may be given by a party to the other by mail, facsimile, telegraph, messenger or otherwise to the address specified in Annex I hereto, or so sent to such party at any other place specified in a notice of change of address hereafter received by the other. All notices, demands and requests hereunder may be made orally, to be confirmed promptly in writing, or by other communication as specified in the preceding sentence. 14. Entire Agreement; Severability This Agreement shall supersede any existing agreements between the parties containing general terms and conditions for repurchase transactions. Each provision and agreement herein shall be treated as separate and independent from any other provision or agreement herein and shall be enforceable notwithstanding the unenforceability of any such other provision or agreement. 15. Non -assignability; Termination (a) The rights and obligations of the parties under this Agreement and under any Transaction shall not be assigned by either party without the prior written consent of the other party, and any such assignment without the prior written consent of the other party shall be null and void. Subject to the foregoing, this Agreement and any Transactions shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement may be terminated by either party upon giving written notice to the other, except that this Agreement shall, notwithstanding such notice, 2 5 7 remain applicable to any Transactions then outstanding. 019 CCMA Page 16 08101 (b) Subparagraph (a) of this Paragraph 15 shall not preclude a party from assigning, charging or otherwise dealing with all or any part of its interest in any sum payable to it under Paragraph 11 hereof. 16. Governing Law This Agreement shall be governed by the laws of the State of New York without giving effect to the conflict of law principles thereof. 17. No Waivers, Etc. No express or implied waiver of any Event of Default by either party shall constitute a waiver of any other Event of Default and no exercise of any remedy hereunder by any party shall constitute a waiver of its right to exercise any other remedy hereunder. No modification or waiver of any provision of this Agreement and no consent by any party to a departure herefrom shall be effective unless and until such shall be in writing and duly executed by both of the parties hereto. Without limitation on any of the foregoing, the failure to give a notice pursuant to Paragraph 4(a) or 4(b) hereof will not constitute a waiver of any right to do so at a later date. 18. Use of Employee Plan Assets (a) If assets of an employee benefit plan subject to any provision of the Employee Retirement Income Security Act of 1974 ("ERISK) are intended to be used by either party hereto (the "Plan Party") in a Transaction, the Plan Party shall so notify the other party prior to the Transaction. The Plan Party shall represent in writing to the other party that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and the other party may proceed in reliance thereon but shall not be required so to proceed. (b) Subject to the last sentence of subparagraph (a) of this Paragraph, any such Transaction shall proceed only if Seller furnishes or has furnished to Buyer its most recent available audited statement of its financial condition and its most recent subsequent unaudited statement of its financial condition. (c) By entering into a Transaction pursuant to this Paragraph, Seller shall be deemed (i) to represent to Buyer that since the date of Seller's latest such financial statements, there has been no material adverse change in Seller's financial condition which Seller has not disclosed to Buyer, and (ii) to agree to provide Buyer with future audited and unaudited statements of its financial condition as they are issued, so long as it is a Seller in any outstanding Transaction involving a Plan Party. 19. Intent (a) The parties recognize that each Transaction is a "repurchase agreement" as that term is defined in Section 101 of Title 11 of the United States Code, as amended (except insofar as the type of Securities subject to such Transaction or the term of such Transaction would render such definition inapplicable), and a "securities contract" as that term is defined in Section 741 of Title 11 of the United States Code, as amended (except insofar as the type of assets subject to such Transaction would render such definition inapplicable). (b) It is understood that either party's right to liquidate Securities delivered to it in connection with Transactions hereunder or to exercise any other remedies pursuant to Paragraph 11 hereof is a contractual right to liquidate such Transaction as described in Sections 555 and 559 of Title 11 of the United States Code, as amended. (c) The parties agree and acknowledge that if a party hereto is an "insured depository institution," as such term is defined in the Federal Deposit Insurance Act, as amended ("FDIA"), then each Transaction hereunder is a "qualified financial contract," as that term is defined in FDIA and any rules, orders or policy statements thereunder (except insofar as the type of assets subject to such Transaction would render such definition inapplicable). (d) It is understood that this Agreement constitutes a "netting contract" as defined in and subject to Title IV of the Federal Deposit Insurance Corporation Improvement Act of 1991 ("FDICIA") and each payment entitlement and payment obligation under any Transaction hereunder shall constitute a 258 "covered contractual payment entitlement" or "covered contractual payment obligation", respectively, as „ 0 k%k CCMA Page 17 08101 defined in and subject to FDICIA (except insofar as one or both of the parties is not a "financial institution" as that term is defined in FDICIA). 20. Disclosure Relating to Certain Federal Protections The parties acknowledge that they have been advised that: (a) In the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission ("SEC") under Section 15 of the Securities Exchange Act of 1934 ("1934 Act"), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 ("SIPA") do not protect the other party with respect to any Transaction hereunder; (b) In the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and (c) In the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. Bank Customer WELLS FARGo BANK, N.A. 111 Main Street, Suite 306 Company Name MAC P6769-031 Vancouver, WA 98660 Wells Fargo Bank, N.A. 8 By: By: Title: Vice President Title: Date: Date: 253 Us. I CCMA Page 18 08101 Schedule B - Annex I Supplemental Terms and Conditions Corporate Cash Management Account Agreement Wells Fargo Bank, N.A. Supplemental Terms and Conditions This Annex I forms a part of the Master Repurchase Agreement dated as of , 20 (the "Agreement") between Wells Fargo Bank, N.A. and . Capitalized terms used but not defined in this Annex 1 shall have the meanings ascribed to them in the Agreement. The following terms and conditions hereby supplement and/or modify the Master Repurchase Agreement between and Wells Fargo Bank, N.A. ("WFB"). 1. In cases in which Wells Fargo Bank, N.A. is Seller, Seller and Buyer agree that notwithstanding anything in the Master Repurchase Agreement to the contrary, the transfer and delivery of the Purchased Securities may be accomplished by segregation in bulk of the Purchased Securities together with other securities being held for the benefit of third parties in connection with other repurchase agreements by Wells Fargo Bank, N.A. or its Custodian. On the Repurchase Date the Purchased Securities shall be released to Wells Fargo Bank, N.A.'s account. 2. The last sentence of Paragraph 3(b) of the Agreement is amended to read as follows: In the event of any conflict between the terms of such Confirmation and this Agreement, such Confirmation shall prevail. 3. Paragraph 16 is amended to read as follows: The laws of the State of California without giving effect to the conflict of law principles thereof shall govern this Agreement. 4. The following 2 paragraphs shall be added to Paragraph 9 of the Agreement: (c) In the case of any Transaction for which the Repurchase Date is other than the business day immediately following the Purchase Date and with respect to which Seller does not have any existing right to substitute substantially the same Securities for the Purchased Securities, Seller shall have the right, subject to the proviso to this sentence, upon notice to Buyer, which notice shall be given at or prior to 10 am (New York time) on such business day, to substitute substantially the same Securities for any Purchased Securities; provided, however, that Buyer may elect, by the close of business on the business day notice is received, or by the close of the next business day if notice is given after 10 am (New York time) on such day, not to accept such substitution. In the event such substitution is accepted by Buyer, such substitution shall be made by Seller's transfer to Buyer of such other Securities and Buyer's transfer to Seller of such Purchased Securities, and after such substitution, the substituted Securities shall be deemed to be Purchased Securities. In the event Buyer elects not to accept such substitution; Buyer shall offer Seller the right to terminate the Transaction. (d) In the event Seller exercises its right to substitute or terminate under sub -paragraph (c), Seller shall be obligated to pay to Buyer, by the close of the business day of such substitution or termination, as the case may be, an amount equal to (A) Buyer's actual cost (including all fees, expenses and commissions) of (i) entering into replacement transactions; (ii) entering into or terminating hedge transactions; and/or (iii) terminating transactions or substituting securities in like transactions with third parties in connection with or as a result of such substitution or termination, and (B) to the extent Buyer determines not to enter into replacement transactions, the loss incurred by Buyer directly arising or resulting from such substitution or termination. The foregoing amounts shall be solely determined and calculated by Buyer in good faith. 260 r° #" 44 CCMA Page 19 08101 5. Notices or other forms of communications between the parties shall be sent as follows: Wells Fargo Bank CCMA Processing 1111 Main Street, Suite 306 MAC — P6769-031 Vancouver, WA 98660 Fax: (360) 759-4834 This Annex I forms a part of the Master Repurchase Agreement dated as of , 20 (the "Agreement") between Wells Fargo Bank, N.A. and . Capitalized terms used but not defined in this Annex I shall have the meanings ascribed to them in the Agreement. Wells Fargo Bank, N.A. Title: Vice President Date: By: -- Title: Date: 261 3 CCMA Page 20 08101 Schedule C Schedule of Fees Corporate Cash Management Account Agreement Wells Fargo Bank, N.A. Monthly Maintenance Fee.................................................................. $150.00 262 CCMA 08101 Page 21 Schedule D Additional Signatories Corporate Cash Management Account Agreement Wells Fargo Bank, N.A. It is not necessary for all customers to complete this schedule. Schedule D is used when more than one legal entity's funds are commingled in the Concentration Account and representatives of such entity are to be signers under the CCMA Agreement. Signatory authority allows representatives from such an entity to negotiate changes to the terms of the agreement, including, but not limited to, the designation of investments. The undersigned legal entity is included in the term "Customer" under the Corporate Cash Management Account Agreement (the "Agreement") between Customer and Bank, and is granted signing authority under the terms and conditions of this Agreement. The undersigned acknowledges it/they has read and understands the Agreement, including the Disclosure Statement contained therein, the Designated Investments form, and all Schedules. Company Name on the Agreement: Date of the Agreement: Additional Signatory: Company Name By: Company Officer Signature Officer Title Date CERTIFICATION I certify that I am the Secretary or Assistant Secretary of the additional Signatory Company that the signature of the person(s) signing above is genuine and authorized signature of that person and that he/she/they is authorized to sign in the capacity indicated. Signature of Secretary or Assistant Secretary 263 Date U�5 CCMA 08101 Page 22 COUNCIL/RDA MEETING DATE: September 18, 2001 Approval of a Cultural Symposium Proposed by the Cultural Arts Commission to be Held on November 3, 2001 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: -/-(Z> STUDY SESSION: PUBLIC HEARING: Authorize the Cultural Arts Commission to offer a Cultural Symposium on November 3, 2001 and approve the use of the City Council Chambers and City Hall Courtyard for this event. FISCAL IMPLICATIONS: The Community Services Department Fiscal Year 2001 /02 Budget has a line item listed in the Special Projects Contingency section (#101-251-663-667) for $5,000 for Cultural Arts Special Events. It is anticipated that the Cultural Symposium will utilize approximately $750 from this account for costs associated with the Symposium's speakers. Additional costs associated with the Symposium will be covered by the California Association of Local Arts Agencies (CALAA) and the Riverside County Arts Alliance. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the July 26, 2001 Cultural Arts Commission meeting, the Commission determined that they would like to host a Cultural Symposium on November 3, 2001. The Cultural Arts Commission 2001 /02 Work Plan outlines "Coachella Valley Cultural Conferences, Workshops and Events" as one of the Commission's tasks as provided in Attachment 1. The first step to completion of this task is to recommend to the City Council that an event be held. Pursuant to the Commission's Work Plan, it is requested the City Council review the purpose of the conference, consider participation in the event and review the budget for the event. 264 The Cultural Arts Commission is requesting that the City Council consider offering the Cultural Symposium on Saturday, November 3, from 12:00-6:00 p.m. at City Hall. On November 4, 2000, the Cultural Arts Commission (Commission) hosted a Cultural Symposium which was deemed successful by the Commission. It is the intention of the Commission to offer a second symposium to continue the dialog on the importance of the arts in the community. This year, CALAA and the Riverside County Arts Alliance will co -host the event. These organizations will provide the speakers as well as print and mail the invitations. The City's contribution to the symposium will be to provide the venue as well as provide lodging for the speakers. The Commission will also solicit local restaurants to provide refreshments for the event in the courtyard. The Cultural Arts Commission would also like to offer a wine garden in the courtyard of City Hall. The wine garden could be provided by a sponsor of the program. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the Cultural Arts Commission to offer a Cultural Symposium on November 3, 2001 and approve the use of the City Council Chambers and City Hall Courtyard for this event; or 2. Do not authorize the Cultural Arts Commission to offer a Cultural Symposium on November 3, 2001; or 3. Provide staff with alternative direction. R sp ctfull� submitted, Dodie Horvi�,ZTommunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. "Coachella Valley Cultural Conferences, Workshops and Events" task from the Cultural Arts Commission Work Plan 265 S:\Community Services\CCReports\CC.156.2001 Cultural Symposium.wpd G 0 2 ATTACHMENT 1 Cultural Arts Commission Work Plan July 2001 Task: Coachella Valley Cultural Conferences, Workshops, & Events Completion Date: On -going Participants: Commissioners, City Council Suggested Resources: Community members, City Council, Coachella Valley Cities, private cultural arts interests, State and Federal sources Commission Steps to Completion: • Recommend to Council purposed conferences, workshops & events such as concerts, dances, puppet shows, chorale, mimes, and to participate in Mainstreet Marketplace, Christmas Tree Lighting Ceremony and Artist Partnership Day • Maintain leadership role in conferences, workshops & events • Recommend to Council a date, time, and location for the conferences, workshops & events • Work with Coachella Valley Cities to determine proposed speakers and budget for consideration by Council • Solicit contributions to off -set the costs as approved by Council • Prepare an outline for the meeting • Invite the speakers/artists • Advertise the conferences, workshops & events as approved by Council • Conduct the conferences, workshops & events Commission Time: Up to 100 hours per event Staff Time: Up to 60 hours per event Fiscal Commitment: Up to $3,000 per event Up to $5,000 for performing artists 6 266 C,04 Cultural Arts Commission Work Plan July 2001 Staff Role: Provide support and act as a Ralson to City Council Council Role: Review purpose of conferences, workshops & events and consider participation and budgets for events Goal: Chapter 2.75.040 (6) Work cooperatively with City boards, commissions and committees, and other public and private organization in promoting art and cultural activities within the City. 7 267 C05 COUNCIL/RDA MEETING DATE: September 18, 2001 ITEM TITLE: Consideration of Approval of a Professional Services Agreement (PSA) with Warner Engineering to Prepare Plans, Specifications and Engineer's Estimate of Probable Costs (PS&E) for the Highway 1 1 1 Sidewalk Adjacent to Point Happy AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Appropriate $16,874.00 from RDA Project Area No. 2 Funds; and Approve a Professional Services Agreement (PSA) in the amount of $9,840.00 with Warner Engineering for professional design services for a sidewalk on the north side of Highway 1 1 1, between Point Happy and the Cliff House Restaurant. In order to determine the scope of the proposed Highway 1 1 1 sidewalk project, a design and cost estimate that is approved by Caltrans is required. To this end, the City Council authorized staff to distribute a Request for Proposal (RFP) for professional design services. One proposal was submitted in response to the RFP. The proposal was submitted by Warner Engineering in the amount of $9,840.00. The following represents the estimated funding and funding sources for the proposed sidewalk on the north side of Highway 1 1 1, between Point Happy and the Cliff House Restaurant, provided extraordinary costs associated with existing rock cut are not encountered: Funding Source Amount Developer Contribution (30%) $33,000.00 RDA Project Area No. 2 Funds (70%) $77,000.00 TOTAL: $1 10,000.00 The following represents the proposed project design budget for the proposed sidewalk on the north side of Highway 1 1 1, between Point Happy and the Cliff House Restaurant: 263 TAPWDEPT\C0UNCIL\2001 \010918e.wpd Design Professional Services Administration: Subtotal: Contingency (10%) $ 9, 840.00 $2,750.00 $2,750.00 $15,340.00 $1,534.00 TOTAL: $16,874.00 As illustrated, it is proposed that a budget in the amount of $16,874.00 be approved to prepare plans for a standard sidewalk improvement project. If however, during design, Caltrans expands the scope of work to include significant slope analysis and protection measures, staff will report back to the City Council with an update explaining the expanded scope and estimated costs to complete design and construction. None. During the October 3, 2000 City Council Meeting, Richard Boudreau, the owner of the Cliff House Restaurant, addressed the City Council regarding installing a sidewalk on the north side of Highway 1 1 1, across from the Von's Shopping Center, between the Point Happy Development and the Cliff House Restaurant. The City Council directed staff to investigate the issue with Mr. Boudreau. During the November 7, 2000 City Council meeting, the City Council reviewed a Public Works/Engineering Department report regarding the above referenced subject. The City Council directed staff to meet with representatives of the Cliff House Restaurant and the Point Happy Development to discuss the concept. On January 5, 2001, a meeting was conducted with the affected parties to discuss the sidewalk. At this meeting, Mr. Boudreau expressed his strong desire for this sidewalk and Mr. Richard Wilkerson, Managing Member of Madison Development, expressed his opinion that pedestrian access should be via the intended bike path on the north side of the rock, adjacent to the Whitewater Stormwater Channel. During the February 6, 2001 City Council meeting, the City Council reviewed a Public Works/Engineering Department report regarding the above referenced subject. As summarized in this report, Caltrans gave tentative consent of support for this sidewalk. 263 Mr. Richard Wilkerson, Managing Member of Madison Development, expressed his r, concern over the safety of pedestrians on the sidewalk and indicated that the Point TAPWDEPT\C0UNCIL\2001 \010918e.wpd Happy Development would seek indemnification from the City and State for all lawsuits that may arise due to any accidents caused by the sidewalk. On February 7, 2001, staff received Site Development Application 2001-692 from the Cliff House Restaurant for the addition of 32 tandem parking spaces to the existing parking lot. Draft conditions imposed by Public Works required the applicant to "enter into an improvement agreement and bond for 50% of the cost of a sidewalk, curb and gutter between the Point Happy development and the Cliff House entry drive." During the April 3, 2001 Public Hearing for Site Development Application 2001-692, Richard Boudreau of the Cliff House Restaurant appealed Condition #10 B., which stated: Condition #10. B. Highway 111 (Major Arterial) - applicant shall enter an improvement agreement and bond for 50% of the cost of a sidewalk, curb and gutter between the Point Happy development and the Cliff House entry drive. Applicant shall be responsible for paying 50% of the cost of the sidewalk. The City Council amended the condition to read as follows: Condition #10. B. Applicant shall improve, or bond for his share of street improvements along Highway 1 1 1 street frontage of the site. These improvements may include, but are not limited to: 1 . Landscaped median island; 2. Curb, gutter and sidewalks. C. The applicant shall be required to pay 30% of the cost of the improvements located between the Point Happy development and the Cliff House entry drive. In addition, the applicant shall post a bond for $33,000. If in five years from the date of this approval, the City determines that the sidewalk is not to be constructed, the applicant is released from this requirement. On April 17, 2001, the City Council authorized staff to distribute a Request for Proposal (RFP) for professional design services for a sidewalk on the north side of Highway 1 1 1, between Point Happy and the Cliff House Restaurant. On May 1, 2001, an RFP seeking professional engineering services for the proposed 270 Highway 1 1 1 Sidewalk was forwarded to qualified design consultants. 00 T:\PWDEPT\C0UNCIL\2001 \010918e.wpd On May 18, 2001, staff received one proposal in response to the RFP. The proposal was submitted by Warner Engineering in the amount of $9,840.00. The proposal submitted by Warner Engineering is sufficient to prepare the PS&E for a standard sidewalk project. If however, Caltrans requires an expanded scope of work to address potential safety issues as a result of the adjacent proximity of the existing rock slope cut through Point Happy, staff will report back to the City Council on this expanded work and its impact to the project budget. The City's Professional Services Agreement (PSA) has been prepared, Attachment 1, and is submitted for City Council consideration. The alternatives available to the City Council include: 1 . Appropriate $16,874.00 from RDA Project Area No. 2 Funds; and approve a Professional Services Agreement (PSA) in the amount of $9,840.00 with Warner Engineering for professional design services for a sidewalk on the north side of Highway 1 1 1, between Point Happy and the Cliff House Restaurant; or 2. Do not appropriate $16,874.00 from RDA Project Area No. 2 Funds; and do not approve a Professional Services Agreement (PSA) in the amount of $9,840.00 with Warner Engineering for professional design services for a sidewalk on the north side of Highway 1 1 1, between Point Happy and the Cliff House Restaurant; or 3. Provide staff with alternative direction. Respe ully submitted, Chris A. Vogt Public Works D ector/City Engineer Approved for submission by: G Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement 2�1 Gvx T:\PWDEPT\C0UNCIL\2001 \010918e.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 Warner Engineering ("Consultant"). The parties hereto agree as follows: • ; • •ki 0110 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Highway 111 Sidewalk Improvements, Project 2001- 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, (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 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. 272 Base-con.rev Page 1 of 8 '1 1.7 Soecial 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. 2.1 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 Nine Thousand Eight Hundred Forty Dollars ($9,840.00) (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. 3.1 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 0 0) 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, 2 7 3 except as otherwise provided in the Schedule of Performance. Base-con.rev Page 2 of 8 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: William H. Warner President Warner Engineering 7245 Joshua Lane, Suite B Yucca Valley, CA 92284 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. 4.5 City Cooper. 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. Base-con.rev Page 3 of 8 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 Less than $50,000 Personal In/Property Damage Coverage $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $5,00,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall 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 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 of $1,000,000. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be canceled 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. Base-con.rev Page 4 of 8 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. . 1 ; s;N :L D ; -•; 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. 2�6 Base-con.rev Page 5 of 8 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 parry 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. a Base-con.rev Page 6 of 8 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. 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: NONDISCRIMINATION. 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. 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 278 in this section. A 2 Base-con.rev Page 7 of 8 To City: CITY OF LA QUINTA Attention: Chris A. Vogt, P.E. 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: Warner Engineering Attention: William H. Warner, President 7245 Joshua Lane, Suite B Yucca Valley, CA 92284 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. CITY OF LA QUINTA a California municipal corporation John Pena, Mayor Date ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: By: IJIt.IE �t�S Date: (.J k(L Name: William H. Warner, P.E. Title: President 2 Base-con.rev Page 8 of 8 Exhibit A Scope of Services Warner Engineering shall prepare plans, specifications and estimates (PS&E) and contract bid documents for the Highway 111 Sidewalk Improvements. The project is located on the north side of Highway 111, between the Cliff House Entrance and Plaza La Quinta, approximately 300 LF. Specifically Warner Engineering Shall: 1. Perform Field Survey and base map preparation. This task shall include providing topographical survey, between the Cliff House Entrance and Plaza La Quinta, from centerline on Highway 111 to the end of the Caltrans right-of-way. Warner Engineering shall provide aerial topographical survey which includes the Pt Happy Rock Hill for an additional $2,500 if requested and authorized by the City of La Quinta. 2. Prepare and submit Street Improvement Plans for City review and comment. This task includes responding to as many as three rounds of City Comments. Plans will be provided to the City of La Quinta on compact disk in AutoCAD 14 or later format, as well as on "D" size Mylar. 3. Perform Utility Coordination and obtain clearances. This task shall include, but is not limited to, preparing correspondence, telephone coordination, and/or site visits with appropriate utilities within the project right-of-way. 4. Perform Coordination with the California Department of Transportation (Caltrans) District 8 and other agencies as necessary to obtain project approval. 5. Preparation of Engineers Estimate of Probable Construction Costs, including any necessary revisions based on comments received from City Staff. The Engineer's Estimate will be provided on 3.5" floppy in Quattro Pro 7 for Windows Format. 6. Preparation of Contract Bid Documents, including the preparation of Sections 1200 - Contract Bid, 3000 - Special Provisions, and 4000 - Technical Specifications. Specification documents shall be provided on 3.5" floppy disk in Word Perfect 7 for Windows format. 7. Meeting Attendance - Warner Engineer's shall prepare for and follow up on as many as four meetings. 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 Nine Thousand Eight Hundred Forty Dollars ($9,840.00) except as specified in Section 1.6 - Additional Services of the Agreement. The Warner Engineering Schedule of Fees, dated May 18, 2001 is attached and made a part of this agreement. 281 J sNaoM D i -lend : 3WHt I ZS : 80 03M T 002 - c T - d3S 7245 Joshua Lane, Suite B 73-185 Highway 111, Suite A i Yucca Valley, California 92284-2968 Palm Desert, California 92260-3907 -.---Warner Phone (760) 365-7638 Phone (760) 341-3101 1 engineenn g Fax (760) 365-2146 Fax (760) 341-5999 01%ft ENGINEERIN(4 LANN1NQLAHD SURVEYING SCOPE OF SERVICES Breakdown of Task 1 Proposal dated May 18, 2001 Task No. Task Description Task Cost 1 Topo Survey $ 1,650.00 Cross Section 1000' length of Hwy. 111 (Centerline to Right of Way) 2 Prepare Street Improvement Plan 3,400.00 3 Coordinate with Utilities, Obtain any needed clearance 600.00 Correspondence with gas, electric cable, phone, sewer, water purveyor by mail and phone. 4 Coordinate with Caltrans District 8 600.00 Correspondence by mail and phone. 5 Prepare Engineers Estimate of Probable Construction Cost 320.00 6 Prepare Bid and Contract Documents 870.00 Provide sections to City contract and bid "Boiler Plate" document that are project specific. 7 Processing Plans for Approval 1,000.00 A. City of La Quinta B. Caltrans District 8 Submittal and plan check revisions. 8 Meetings 1,000.00 A. City Staff (4 Hours) B. City Consultants (3 Hours) C. Public Hearings (3 Hours) 9 Provide Plans / Specifications in Electronic Format 400.00 Provide computer disk or CD Rom. TOTAL: $ 97840.00 10 Provide aerial topo to include Rock Hill (2,500.00) $2,500 additional to contract, if authorized. 282 'd 666S TtrE 09L SWIN33WI9W3 83WNUM e6S=80 10 2T daS Exhibit C Schedule of Performance All work associated with the design of the proposed Highway 111 Sidewalk Improvements shall be complete within 60 consecutive calendar days from the date this agreement is executed. 283 Exhibit D Special Requirements None. COUNCIL/RDA MEETING DATE: CV 4 sep QuMrA AGENDA CATEGORY: BUSINESS SESSION: September 18, 2001 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Consideration of the Civic Center Campus Acknowledgment Area Criteria RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None for this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On September 19, 2000, the City Council approved an Art Purchase Agreement with artist William (Bill) Ware to provide three acknowledgment areas for the Civic Center Campus. The three areas would be designated to represent veterans, artists and sports figures. A set of recognition criteria is needed so that staff can begin soliciting names for the acknowledgment areas. At the August 7, 2001 City Council meeting, the City Council appointed a sub- committee comprised of Council Members Terry Henderson and Ron Perkins to meet and provide a set of criteria for full City Council consideration at a future date. The sub -committee met on August 23, 2001 to discuss the criteria for the Civic Center Campus acknowledgment areas as provided in Attachment 1. The following recommendations are presented for City Council consideration: 285 Veterans: 1. 3 year resident of La Quinta (past or present); and 2. Proof of Military Service: Form DD-214 or Notice of Separation The following classifications are considered Veterans by the Department of Veterans Affairs: Any person who served in Active Duty in full time service as a member of the Army, Navy, Air Force, Marines, Coast Guard, or as a commissioned officer of the Public Health Service, the Environmental Health Services Administration or the National Oceanic and Atmospheric Administration. Completion of at least six years of honorable service in the Selected Reserves also qualifies. Artists: 1. 3 year resident of La Quinta (past or present); and 2. Achieved national, state or local recognition in the field of the arts; and 3. Contributed to the City of La Quinta 01s image; and 4. Nomination form must be signed by 10 citizens of La Quinta According to the Americans for the Arts Organization, the field of art includes the following categories: Painting, sculpture, tile work, the performing arts, architecture, and landscape architecture. Sports: 1. 3 year resident of La Quinta (past or present); and 2. Achieved national, state or local recognition; and 3. Contributed to the quality of life for the citizens of the City of La Quinta; and 4. Nomination form must be signed by 10 citizens of La Quinta The committee is recommending that the title "Sports" be changed to "Athletics." The definition of sports is any recreational activity requiring physical exertion. The definition of athletics is an athletic sport requiring physical strength and skill. Along with the above referenced categories for the Civic Center Campus Acknowledgment areas, the following two recognition programs are being proposed: Pillars of the Community and City Council Recognition. S:\Community Services\CCReports\CC.153.Civic Center Campus Acknowledgment Area Criteria.wpd 286 C, 0 2 The proposed Pillars of the Community program would incorporate the following criteria: Pillars of the Community 1. 3 year resident of La Quinta (past or present); and 2. Achieved City-wide recognition; and 3. Contributed significantly to the development of the City of La Quinta; and 4. Nomination must be signed by 25 citizens of La Quinta The Pillars of the Community recognition area would consist of bronze plaques mounted on the pillars around the Kennedy sculpture on the north side of City Hall. The nomination process for the Arts, Sports, and Pillars of the Community would include names submitted upon a City provided form for consideration at the first City Council meeting in August. The first year of the program would be open to all who meet the criteria for each category. Each year thereafter, two names will be selected per category. A person may be nominated and recognized for more than one category: i.e., Arts and Sports. The engraving can be completed in August with an unveiling ceremony to be held in September. For consideration, as presented by the sub -committee, the information contained on the application form regarding the individuals selected for the Civic Center Campus Acknowledgment areas could be bound and maintained in a "Book of Deeds" on display in City Hall. The sub -committee also would like to present the concept of a City Council Recognition Area: Around the relief map area in the Historical Plaza on the Civic Center Campus, bronze name plates could be installed with the City Council member's name and specific years of service to the City. Each person who has served as a City Council member and/or Mayor would be recognized at this location. Should the City Council decide to include this new area of acknowledgment to the Civic Center Campus, the size and wording for the bronze plates will be presented at a future City Council meeting for consideration. The committee also suggested that a tree be planted on the Civic Center Campus to acknowledge Mr. Fred Wolff as the City's first Mayor. S:\Community Services\CCReports\CC.153.Civic Center Campus Acknowledgment Area Cri,teria.wpd 287 G03 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the acknowledgment area recognition criteria, the Pillars of the Community criteria, and authorize the City Council recognition area and direct staff to develop the program; or 2. Do not approve the acknowledgment area recognition criteria and/or the Pillars of the Community criteria and/or the City Council recognition area; or 3. Provide staff with alternative direction. Respectfully submitted, Dodie Horvitz/CAnmunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Sub -Committee Recommendations S:\Community Services\CCReports\CC.153.Civic Center Campus Acknowledgment Area Criteria.wpd C.04 01/24/1994 06:47 76F1'5541625 TERRY HENDERSON PAGE 01 ,A �re1209 2401 A t 23, 2001 Ptro1�n Civic Center Campus Acknowledgment - Vewrum. Arts, dt Athletics Purpose - To honor individuals, living or deceased who have made a significant or notable contribution to lives of the citizens Of Ls Quints AA*d - Pillars of the Community M►i_. �.. ATTACHMENT 1 Veterana - 1. Resident of City of La Quinta 3 yeam (past or present) 2. goof of Military Service and honorable discharge Datie checking on status of all Military coverage 16 Arts - I. Resident of City of La Quinta 3 years (past or Present) 2. Achieved national, state or local recognition 3. Contributed to the City of La Quinta's image Uotie checking on *f inition Spotty "commend change to Athletics - 1. Resident of City of La Quinta 3years 2. Achieved national, state or local recognition 3. Contributed to thr quality of 'lifi? of the 002e►is City of La Quinta Pillars of'the Commas lty - Bronze Plaques to he mounted on the pillars around the John Kennedy sculptor 1. Resident of City of La Quinta 3 years (past or present) 2, Achiemd City-wide recognition J. Contributed significantly to the development of the City of La Quinta pillars of the Community to included past recipients of Living Treasure etc by the Chom6er of Commerce Process - ,Accept nominations anytime but review, select once a year (maybe litnit number selected ie: no n m than 2 a year for each category) First year should be opin to however many come in that meets the criteria). 289 C,06' 01 f 24J 19'�4 06: 47 7605641625 TERRY HENDERSON PAGE 02 N00flinetions must by submitted on a City approved form signed by Ill ciIi7.cns ()t•t,a QUintafor the Arrs and,4thletic,c - 25.16 Pillars - �tnne f��r t•cterpn,c . 1•i�r�» ►�•il! rc� r�c.tir details to ,suh.staalRate qual eationr, j wing done dunng the month of August a4 that iR slowest time of year and Ieist BmoUnt of people Uqing Civic Centel. In September have same .vjrt cif arlrtttal urjvcilirjg ceremony, '4ddh�on011y e()Ph,U of the award-wlnnr►t� annlication,c are In hnund rrnrt n�r�intairtcd in rr "Book of Deeds •• on dhfp1gy in Oty " 11 sn that the extent of 'honnr<-c�.s ' c•otrtrib)siinn,c to the ct�mmunity may he knows, TW hNfSTORICUL PLAZA - Aroand I* rellef ntap etrave the names of all (.011neil mrmhers, flove a tree plowed and dedicated to Fred Wolffa v the City ',r.'rt mcrt►c,r f 290 C0 COUNCIL/RDA MEETING DATE: September 18, 2001 Consideration of an Appointment to the Chamber of Commerce Information Exchange Committee Bi- Monthly Workshops RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: 3- CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Since the City Council has been attending the Chamber Workshops, they have rotated the responsibility of Council attendance every three months. At the Council meeting of February 20, 2001, Council Member Perkins was appointed. Prior to this, Council Members Adolph, Henderson, Mayor Pro Tem Sniff, and Mayor Pena, each served, respectively. In order to continue this policy, a new Council representative should be appointed at this time. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint a new Council Member as a representative to the Chamber of Commerce Information Exchange Committee Workshop; or 2. Do not appoint a Council Member representative; or 291 3. Reappoint Council Member Perkins; or 4. Continue this for further consideration; or 5. Provide staff with alternative direction. Respectfully submitted, ,rfyj Hermon omrnunity Development Director Approved for submission by: Thomas P. Genovese, City Manager 292 GAWPDOCS\ccih-Chamber Remwnd 4 4 autH.ru, COUNCIL/RDA MEETING DATE:September 18, 2001 Consideration of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 29894-2, Country Club of the Desert, NRI-CCP I, a Delaware Limited Liability Company AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29894-2, Country Club of the Desert, NRI-CCP I, a Delaware Limited Liability Company. None. None. Tract 29894-2 is located east of Jefferson Street, west of Monroe Street, north of Avenue 54 and south of Avenue 52. This is a subdivision of a portion of section 9 and the south half of section 10, Township 6 south, Range 7 east, San Bernardino Meridian, (Attachment 1), it consists of 346 numbered lots and 8 lettered 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 September 12, 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 this conditional approval. A Subdivision Improvement Agreement (Attachment 3) 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 293 approval is contingent upon receipt, within 30 days (October 18, 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 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 29894-2, Country Club of the Desert, NRI-CCP I, a Delaware Limited Liability Company; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29894-2, Country Club of the Desert, NRI-CCP I, a Delaware Limited Liability Company; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vo t Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 294 T:\PW DEPT\STAFF\LINDSEY\TRACTS\29894-2\010918.wpd RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 29894-2, 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, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract 29894-2, is conditionally approved provided the subdivider submits all required items on or before October 18, . 2001. 295 ..:, 0; �� Resolution No. 2001- Tract 29894-2 Adopted: September 18, 2001 Page 2 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 satisfaction. 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 October 18, 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 18th day of September, 2001, by the following vote to wit: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None JOHN J. PENA, Mayor City of La Quinta, California 296 `- 0 v Resolution No. 2001- Tract 29894-2 Adopted: September 18, 2001 Page 3 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California Ov 297 ATTACHMENT 1 STATE Hwy. w w Of F- r) z 0 LLI 0 z z = z Ln w a V w La I QU I I TA ill 50TH AVE. 52ND AVE. LLJ f`'•,•••,"` rF �f' L%% U% •�• •r•••F• �' �•• 0 ie crff V) w / { LL- LLJ VICINITY MAP N. T. S. l�. 70 298 a ATTACHMENT 2 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 1 OF M SHEET TRACT NO, 29894-2 C01101ER'S CERTIFICATE RED-YRE NOKICOFIIPl, EN0 A IRR NLlION OF A FGIMON OF SECTION S AND TIE SOUTH HALF OF SECTION /0, lOTE11SFi B AT FRM - 19 TIN IOLMST SOUTH, RANGE 7 EAST, SA N RRARTSD IEINCIAK AOCO O0 TO THE OFFICIAL PEAT 7FEOF. CRY CLEN OF THE CITY OF MIIBIETA PARDUE, CORNWELL & ASSOCIATES, INC. FEBRUARY, 2001 N L FEE GARY L ORSO COUNTY A301 R - OLERK - F ECOROER m OEVIY SUBDIVISION GUARANTEE: FDPUTY NATION04L TILE COMPANY OWNER'S STATEMENT WE HFAE W STATE TINT WE AM THE OTHERS OF THE LAND MUM WITHIN TIE 9JRM®gl SHOWN HEAEL/k TENT WE ARE THE ONLY PERSONS M105E COMM IS NECESSWY TO PAAM A CLEAR WFLF 70 SAID LNR THAT WE CONSENT 70 TFE MAKING AND RECORMS OF TLS SUMIMbDN MAP AS SHOBN WITIEN THE DISONCTNE BOR 0 U► L WE HEREBY OFFER 70 CE=40E 70 THE CRY OF LA OUNTA FOIE PUBLIC STREET MD UNITY PURPOSEL MOM SL AVENE K AND MADISON AVENUE AS WON ON THIS MAP. NRI-CCP L = A OE NVA E W1FED LIABILITY CCLEw1Y BU2 NAIM OE FEALTY FNIRSIORY. LTD. AN OM WBED LNBLTY C0181ANr no YANARG PARTNER or ITS P9E3MM MID OEF OPEWITNO OFFICER COMNONBFALTH LAID 7RLE COWIARE. TRUSTEE UDER DEEDS Of 7RUST RDORm 0-111-2000 AS NSTRUEEIIf NOS 2WO-229M AID 20OD-22E701L BOTH OF OFFXIAL INWDS AND COMMORWFALIH LAND TIRE COEPANf, TRUSTEE UNDER GEED OF TRUST RBCoIDm 3-18-2091 AS BNSTRRE7R NO. 2001-108812. OF OFFICIAL RECOOS. NOTARY ACKNOWLEDGMEN COUNTY OF 1 3a I HEREW SITE THAT I AY A LICENSED LAND SURVEYOR OF THE STATE OF CAIEOIMA AND 7MAT THIS NAP CONS01NG OF TWENTY ME (25) SHEETS CORRECTLY IIE 40MOM A SUNNY MADE UNDER Mf SUPERVISION DUNG FEBRUARY. OF 2001• THAT ALL MONRRERIS SHOWN HEREON ACTUALMEW AND TNEIR PCS31 ARE OOR EY,'RY DOW OR NLL E N ACIOO AWCE WITH THE IMS OF 7HE MONUMENT ACRMd11C FOR THE MAP. 7!E NIGNU ENTS WLL U2£Q EN BE SFK70 ABLE THE SU VEY 70 BE PETRA= THE SUNEY IS TRUE AND COMPLETE AS SIMM CAM 20M JERALD E AMIORN JR. L.S. 7159 EVI ES 12-31-03 6� LAND SG u°' JERAUC L ANNOW ,R. 0 ♦ DEC. 71, or Ga CITY SURVEYOR'S STATEMENT I HERE W STATE TWAT I WE MANNED THE WIDEN MAP OF IRA= NO. 2MM-2 OONSISflG OF WENTY FNE (25) SHEETS AND I AM SA7ISFED TINT SAD MAP IS 78BBCALLY CORRECT. DATED 2001 ERIC A. MUSK PA.S 110414 EOM. 9-30-01 ACRE CITY SURVEYOR I HOBBY SM THAT I NNE DCAYNm THE WIRBH ANWEltED MAP Of TMCf NO. 2EBY4-2 CONSISTM OF `TWENTY FNE (281 SEER, TWIT THE SUMMON SHOWN HEREON D SUBSTANITMLLY TEE SATE EIS 1F _APPF/II<fD ON I E TENCONE YAP AND ANY APPIIONED ALTEW0DN S THEREOF. THAT ALL PROVISIONS OF THE SUBDNEION MAP ACT AND ANY LOCAL CCRORNNCES APPUCMILE AT THE TBE WOAR OF APPL OF TFE 7ENDOIK YAP HAMS BEEN COMPLED 2001 C►RIS A VOOT. R.C.E. 442M E P 05-3D-01 CITY EICOM CITY OF LA GIN01 PERSONALLY M�2001. BEFORE NE, •• • • •••�-•• " PERSONALLY DOWN m w TO ME ON THE BASS OF SATISFACTORY EMOM L JUN E S. OEM CRY CLERK AND EX-OFFICIO CUM OF THE Cm COUNCIL OF TIE CITY OF IA TO E THE pEFLgpN(S HAYE(1: ARE SUBSCRBED 7D TIE TRTIHN INSTRUWNEINf AID OLM M C/Us0R1N IERIM SDITE TWAT SAD CITY COINCE. AT A RLDLILAR METRO FEED ON 7RE M2NOWLFD� 70 fE TWAT EIE = THE SAME N HE/HER/Y" MHHORIED DAY OF 2001. NV%OVm THE WHIN IMP OF 1MA.T N0. 2909+-2 AND AID TAT BYSIONKnAREM ON THE INSTRUMENT THE PEOON(S) ACCEPTED ON BEHALF E THE CRY OF LA CUM THE OFFER OF DEDId1TIC11 OF MI NUE BL OR It BDNtF of PERSONI AMD. DOxUltn THE NSTRIAlO f. AVENUE 54 AND MAIN AYQAJE AS 910NN ON THIS IMP. WInIEsi MY HAND MY P WJCIPAL PLACE OF BUSINESSBI NOTARY PUC INAND SAD ST IS N OOLRIIY. GATED: 2001 Q"Nw NAME) MY ommo SON EMERES NOTARY AMOWIMMEN COUNTY °F CmJFOmm OF ; Ss ONffid53UY—AFFW,E2oD1, BEFORE LE. PERM ALLYBE THEpKNOWN 10 ME OR PROVED 70;EC S WHOSE WE SUBSCRIBED 70 THE WHIN INSTRUMENT AND 1CUEXEWTW THE SAM N HS/HER/nIM M18DR7ED OR �B6MLF ON THE7RM E PER90N(S) PEST AM E]E>rUINS11RIED THE BISIRIIdF. "IIIES4 MY FWD W PNNCPAL RACE OF BUSIHMS NUXA RV PU RX N AND FOR SAD STTOE IS N COUNTY. MY COIBISSDN DEEMS VNINTED NAME) SMATURE OMISSIONS SION00AMMES Or THE FOLUAM OWNERS OF �S AND/OR NIEESSHA E BEEN OYR1M JUNE S. aim= CRT CLERK AID E-OFFICID CLERK OF THE CRY COUNCL OF THE CITY OF LA GRNTA TAX COLLECTOR'S CERTIFICATE I HERM CERTIFY THAT ACCORDNO 10 THE RECORDS OF 7HS OFFICE. AS OF T 13 GAM TEE ARE NO LEIS ABANST THE PROPERTY SHOWN ON THE WITEI MAP FOR U NPAD SORE. CGNEY. SPA ASSETS OMIECIE O ASOR LOM Wn ON �WnNOIVEAIISECO� � YET 1>�E.DO I7 AM OR LSTIMlED TO E B MTEDc 2001. PKL YCDONNEIL COUNTY TAX COLLECTOR BY: CUM TAX BOND CERTIFICATE I ►ERNT NSAiE�Y THAT A WHO N THE SUM OF S HIAS NOWEXECUTED FLED WITH TN BOARD OF SUPERVL90RS OF THE COUNTY OF II vuun)E. CMFDN % COIOIMIM UPON THE MINIM OF ALL TAXM SG1E. COMMIT. WM WAL, OR LOCAL, AND ALL SPECIAL ASSSSW TS COLLECTED AS 1TUtE L WHICH AT THE WE OF THE FLNO OF THIS MAP WITH 7/E COUNTY RkDORDER ARE A TIER MAW SAID PROPERTY 01R NCT YET PAYABLE AND SAD ROND HAS BEEN NELY APPIIOYFD BY SAID BOARD OF SJPDTMSONS. 2001. CASH TM BOND MCDONFML CLOFF THE M OF SUPO M OW COUNTY TM CMIECTOR W. W. DEPUTY CEPUTY (19M 70/96-95 FD. NOTHING RS, 67/76 FO. BRASS ROD k TAG. 'LS DN. 0.5'.PNO REF. ' 'LS SET NOTHING 4146'. NO REF. SET TAG. 7159' �[iJ22117 XFFERSON STREET NOX12.35-W 5267.86' WW0r04'E 1322.1r �I 2622.58' 1192.1r 1 r- 0 R-527.46' D-41'2r09' O +� L=381.61" A i 4, g i b �N N 4 a. S c p 4 m- �� ^m 5g C gggl�C55Gi n O Nli NW07'301V 2628.32' C-1 1a 00 [ Co r aP. m N00'O1'04'W 2636.49' Ft$ N m R a 1 N V� � b V Ta a g Q V ' 4 d • C'+ <<2631.52'» ,--- NOVG4'00'E 2631.55' I \—► % �1REET — ,\ - co W `---------- t' ----- -- N r - ----- P o �! a T._ N I b v N <<2632.02'>> N00'08'01'E 2532.12' C ^ - A •R �'' u P1 J :v✓� C'1� y N v V w V N- o— r C 1 --i- NOV12'03'E 2632.69' N N (2532.46') <<263252'>> M ;+ Min L�O N � � a 1� N h N CITY OF LA OUINTA � � 1 O N00*20'3B'E 2633.55' ail _� ♦`�w�� . �� t�jl �);LIA�QLa�� p-�JI I .s • k L, NDVoO'10'E 2633.13' (2633.12) O N ��1n_mti L o a'�In -'I n 1! (� o m p ' z 5 `wy� NJ� r� mgm Q N i y• _ V-,M "I t O N� _ _ N :z NCR__ I I 1i 8 u Ch M ----- �--- 9 ' n to m z O -i---------- R 4 N n r I Cyj thb1 o r a _ ' LITY OF LA OUINTA i ~ MIIDISON STREET WEC3 CTTY OF INDIO -------------- p$ T O v . CITY OF LA OUINTA - ' - - - --- /-- --- - - -'---- - > J co H NW06'151 2614.72' (2614.7n ^ COUNTY OF RIVERSIDE t,- ,+,+ VV N m m Iw V 'Om \� o .01... a u r I � jy I 1r NOV11'37'E 2e07se' [2607.40') (2sD7.40') cli i Q � z ` Ag Z '$a u wmiRo mC�rui m .�' K IA� C m ZOO YT4 O m C u co .i p s Ei 1.0 O Np N 3 m 4±Sc _v O N:am • iJ EtPE..S.. 1/4 COR SEC. 10. i g ' LP. DN. 1.5' 98/22.'E 2605.82' (26D5.92' PER P.M.B. 120/48-49) [26DS.e21 300 0J3 v IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 OF 30 SHEETS TRACT NO. 29894-2 BA SJWNWON OF A PGffMN OF SECMN 9 AND 1I9: M M P.F OF SMIM 10, 7=&r 9 MVIN, WM 7 E45T, SAN BOWMMo 93"K ACMMOMC TO 7K %FKK RAT iM]W. PARDUE. CORNWELL R ASSOCIATES, INC. MARCH, 2001 (revere' vnr PJWA AVW) INt W W 2 N W W N 30]. NOTE.: sm sm 2 no su om" mm no uo"m xmm 01 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 29894-2 WK A SUMM M OF A PORTION OF SMIMN f AND THE SO= N1F OF S7i IM 10. 7=" 6 SO K RAM 7 FAST, SW 11DOWM10 M Wft ACCOWINC 10 7W *Mk PIAT IiEAEOF. PARDUE, CORNWELL & ASSOCIATES, INC. MARCH, 2001 52ND AVENUE SHEET 4 OF 30 SHEETS v k) Lo PG 'll L-29M LOT A ;a� ` / 4`'Jonu•R.I6::°2. LOT B 'P�`"" .. . 57.103 sq. R gy11�1 :ems L.J2 291J• 1.31 ooros •'..,o u A NWN7)'C S06J1' W �i. 1.21 f.00 ��„,u M ) n� ,1 Sy.S - j 6 SJ — — I (` — — !/ i! G L �IIJ.ef i+-1�' P• 1 Jf'Of' 'A.p� 4� R — V VIA SAVONA M A.31' A' Alg �1 tr� P.�JJ. SO L-20J Of 4 L-9O OO I64 �' � I �� AI •41 a►I u 1 • :I ' AIePK'17_E SO1.05' W W a8s A' 7f•.!J• . .4 :• ()- m� 1 w �T � LA v A 0.21 f.00 R-11&00 N 4 57 ZI �19i y61 `3•, 4a jo C17 14 11'I S p l# L 'Of'Se- W W A �j A-0 �b �sA 82 g R-111.00 pf CSe u c �g ° LINE TABLE el L-200e �, G- 161 A-S=r 1 AM O'4I'I k7 � 1tENcm �AREYC L g 83 i, 84 I�aDl P Dpp ��\y Z� W W 57J sq &67e sq. it AM sy R) G' Nf9Y0'II11lR Ab970Ji MLRt 0 iJ oa.. 0.13 ooroo 0IJ sae -- y. -PAZ V / goll �� /s.93M It an sae ?Mb A N W4NYi1 1 IJr`9r�>r 14 A 1 L0� 2J4117 >R• IL s.28 / N •�b Obi �Oy'O O OFA O Qv �I Q �l I� I 0 �J Nel�oros'�L- ac SEE SHEET 17 NOTE SEE SHM 2 FM SURVEYORS NOTES AIM M1MMM NelE3. CURVE TABLE CORK LENCRI RAM On CIS SASS 1500 CIF 4)..70 2300 1 C77 JLee 1►GOD cm .na 1I1.00 cm f4..1) 1500 u1 5 C6I S!e SO.OD 302 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 5 OF 30 SHEETS TRACT NO. 29894-2 BEI C A SMIASON OF A PORMN OF SEOM / NO ME WJIH 11Ni OF SE M 10. T MOV 6 SOUIII, WM 7 Va. SAN 890iAR M MOKI B1, IOCDRMG TO lK OiM& PLAT 1AR1W. PARDUE, CORNWELL # ASSOCIATES, INC. MARCH, 2001 q 52ND AVENUE ~ f— W W W W Q5` n1.0c R MI i RL-74. 00 13 fl LET B 165 LOT 8 lj. L�74.1'� cri w ass Im N69R6bI1Y S6S59 SAVOM �— — — — —�� — — S6s76' _ _ Ra301 /.30 l -71.66 — i — LOT r j 1 d-1•25 Bro `W 'W^ N saw N6/9 6aair 97 eao0' 60.00' saw Y eao' • 94B]R 6a0' N69Y9W'W AM/Y/72b' n Ald'M" t67 R-7010. 00 �' L-43.J� v , A-0'5I i9 R�J04a� L-2A7/ d-O'J.ra, A 85 IL 8 B.OW sq. N.I. 0.21 acres 86 89.000 sq. R.I 0.?f eon 87 „ 9.000 s4 111 _ a?7 Done 88 il � 9.000 sq. R.I � p•� aoe. 89 8 9.000 n R� all ame 90 J. $ 9.000 sq. R. SI 0.21 cos I 91 8.000 a0. III $! a21 Don I 92 g 9.000 sq. ll. : I 93 $ 9.000 >4 M. ` a?f I 94 � 8, iB8 aq. R. I.S 95 � 9.1IJ sq. rt. I$ aZf arnu aser .�� a21 acr $ a?/ ovaa 8 >e 6LlDY 60iQ7 'N 6Q00' 6000' 6Q00' 64Go' 6L100' 6400' si& Rt11 /0.00 L-47.61 IP.JIBa00 L-J126 A-Dur 1, Ja�J' ,6 L66 d-0'51 'I9 Jr '9 E'� LINE TABLE L66; uwcw AT:AR/IG L16 Iasi N7 Lib 105 N749/' L67 14.61 N69 L66 14.93 Mjtbt_ —' 137 2Z009 aq. rx j I 136 S R=5aw IImo~� Le2160 N'e i /as71! Aa It 138 Z0,315 sq. R. �£ 0.56 ams y � � ee� it, i VIA PORTOFl 0 r40t�sJi�ril) „ LOT K bs\ 106,769 s* R. w,� • 2.45 aura R•JS0.00 � 139 J�.�B ,1� ae.1a.4s• �' d�J'1 J�I6 % �,} e:ii of O.S. '�IJ 19.29E me. /L a44 same ,yam ; • ,�i 14310 a* Ix /�,9h 141 ocraf :1•ry' Ta4aq. R. a42 a42 6C.. CURVE TABLE 0" 1 WXW I RA W I Da FA CWl 6.ES I 26a00 i ' CJ6 Tali J01.00 16• C9/ I7.SSI 2M00 n� �` FTr nx /�'O7Q',TAb 135 134 ; 1. 0.40 over l+ ►a.501 a'� ae..IL r 142 FILM so R. am am. R I60.30 L �143.SJ 7?r R�10I.00 lr A i 2141 1 143 17.J67 sq. R. ; F a40 aorr i � •RMSi pp r ... 1 Wl 144 IAON s4 a4J oan S i NOTE: I SEE 91EET 2 FOR 9JWJ r n NOBS AM NONU1D11 N016S. 303 0 .i ri w IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO, 29894-2 KR9' A SUMMON OF A PORTION OF SECTION 9 AND THE SOUTH IPIF OF SECTION 10, TOW4%r 9 SWK R9= 7 09, 50 BOWIRDINO YFAIONN, AMORDINO TO THE OFFEK PIA7 OFEAEOF. PARDUE, CORNWELL sk ASSOCIATES, INC. MARCH, 2001 52ND AVENUE SHEET 6 OF 30 SHEETS LOT 8 71.709 44 fe 1.15 move _ — — — - VIA SAVONA—�' T:el H �s W W N W W (Al Sam AAlDL6^S9'E WOW N®OD'S9'E 61100 N99v639T 61100 ND9O6Y0T 60.9w N69O6'S9T 6a NNVSUT "011 ND VOWT 6ao0 NWWWT slaw, Nall "UT AMDO UT ; AID9n93IT ii 96 97 98 99 100 101 102 103 104 105 ii jj106 107 g a000 ft' � �. I a21 acres a000 a4 ftN I 0.21 �« P 1 _ 8,000 p. R.'�' 10.21 acres _ 9.000 ,0. n.}� I 0.21 cram $ _ 19.000 a4 n1S 8 _ y, 19,000 et RA 8 _I 9,o00 ea ng _ 9.000 a4 n. I all acre. 8 9.000 p. N.}S I 8 0.21 nee«it 9000 e4 ft I a21 aw 8 ',a000 sq. all li a21 cram 8 ! ^' - g g 0.21 acres a21 Bass a?f acre, III 1 mm eaar taar soar 6aar ea0b 6aoD ena0 tnar 6aar ii 6n00 CURVE TABLE ang LEmw RAOD/S OaTA aD .u14 Itxim C50 2a45 I0ao0 C51 2a.25 I0no0 CST 2157 20000 uy Cm a25 26noo LINE TABLE (ARE LE1Y01N - EARNf 11 ax 11111 W W W W N O r la N96W 1120 M41�1?'1Y .360.00 71L74 1�tt'00� R-J60. 00 z �.17 mug&Y \� d.11)•SI�J6• A I i 16.811 sq. ft. - 131 130 �_ I r 129 7 pit ICI av acres aJ9 acres IV 16,QT7 sq. - 16,664 sq. it.. n. dis acre. 17, IS9 p. n. 0.J9 acres ,, $t aJ9 ocrm 1- 1 �s Y 128 r'II a4 0 acres L , I \Z 1 A R.240.00 0L 0`��'24• li, 11�'pj• a �' \a i ss'Oo p.219.50 L-79.45 671y R.100.00 4.99 0 A6'OJ'SD °�21•Ip JS. L-44.2J L •51.5 y 4• " W L�14S.SJ R- A�tO'441�� — d.12.40.1 B.12 = L• e.;ve e - � _ LOT f06.769 K R-4os6o s4 N. �, a•,�*R� V A R.119.04 •� 21 1z� "72.03'1 iiA00 J6L7— L-21L It !2 JD r 1 Jtb'I7V' 2.45 acres t. d I I11". el 11RR0 NAYW-4a r _ ^— — �F-� A-J59'.%'% VIA PORTOFINO W W1I • R 1 All �� _ W ss4.u= L 'W4J'6 = 44 16145 1a9J4 1, 00 g °• a s1 J 4 N -1v C4/ I C 0 I�1 .q fL 0.4J / 17,417 s¢ R. � tiq ,0. i l.{\�' 1� L-02. 7!,� I^ d-17'JS SO ZI I.L W ^q acres 0.40 over / 1 ,1W sq.ft & a• y � I a ?aig 147 �\ faen e4 It %•� 148 R-451.00 ,o gSJIS' -Al CYy fae09 a4 ft ;• a45 acres 149 / 22971 24 ft. d.l% nd.;i• � aSJ cram OT »1\1;u 10 fs' NOTE SIX SHM 2 FOR SURVEYORS NOTES AM MOI MDff NOTES 304 0- 1�:1 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 29894-2 WNG A SUM NEON OF A PORiDN OF SECTOM 9 AND TIE SOUTH IMIF OF SMM M 10, TMOV 6 SOUTH, RIEIOE 7 W. SAM H)E WRM IE10% ACCMM TO THE WFIMAL PLAT INEIM PARDUE. CORNWELL 3 ASSOCIATES, INC. MARCH, 2001 -`�q 52ND AVENUE n.- --� R. L07 8 o0 Ne9T16'b9T foe9.era`'6J?+'TiD• �g VA SAVOM�9_ssa.so i. Nl9Tf639T — — — I J r 11 �i� W 6000 Ne6D639T 6a NNUF T 6a0o Ne9T16vT 60.00 movsvT 64 Ne91Ml'SeT 60. N89MIOT 12. CJ4qR NSP"-E _ _ 9.000 e0. fcI __ 9.000 eq. ft _ .eq. fT. }$ 110 D,000 a¢ R� I 111 9.000 sq• Rg 112 0.a • 113 fc- 0.21 sass a!a21 ovo 8 a21 aces 0.21 acm 8 a21 a— $ •a21 ocrse 8 �r aR.ID�6a00' 6a00'y! CURVE TABLE amw I TEAICTN I RAM gLrA CJ6 17M 64a00 CM 17.SJ 1 ga00 SHEET 7 OF 30 SHEETS R�610.00 a - v`iC��,OO M�.y� '14- e-n6'.u• C �7e ' •o° J6.fj ,�Q 3 �7i . � .� � ° W 115 ,�, W Po aeru 116 �� _ astir sq. It ae;`, ��>'oo V) .� a20 cores d- J+' �� W LJ .00 V 3 0 .) NOTE: SEE SHEET 2 FOR 9MIKYCOM MOTES AND MOMENT NOTES m W W 2 � w W N IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 29894-2 MC A SUBDNMN OF A PORIgN OF SECTION 9 NO TIE SOUTH PAU OF SECOON M 10. TOwmw 9 SONIN, W 7 FAST. M SAN M M WWK ACC== TO THE OFFK K PUT 71# W. PARDUE, CORNWELL A ASSOCIATES, INC. MARCH, 2001 TRACTNO, SE32P NIB, 88/42- 0 q 52ND AVENUE CURVE TABLE amw It1 Ncm vzw 1on u cos 11.96 211M 4 m cm, 11.66 I imam SEE SHEET 9 z z Z o o :D cn o g Q U � U 4 N69"W42 E 26J226' (26V-JS7 SHEET 8 OF 30 SHEETS PARCrL MAP FO: AMk t OV. Oa TAG OVER 1-1/4• LP. t TAG YS 26W. CN. as: Pm ALB. W/42-+3 t Rs u/ex (264ALW PER PAJL 10127) A119WVf-M 264LOr (2646.677 1524 04- (1324,847 SEE SHEET 10 SEE SIF>:f 2 FOR %W&VON'3 NOIFS AND MONI11EMf WTM IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 9 OF 30 SHEETS TRACT NO. 29894-2 MI C A SUBCN604 OF A POKION OF SECIgN 9 NO TIE SO M NILF OF SMIION 10, 70NOW 6 SOUIN, WXZ 7 rm, SIIB BaKwwO rOtl ^ IiGmvm TO M O Rot PNT IMOIE F. PARDUE, CORNWELL & ASSOCIATES, INC. MARCH, 2001 SEE SHEET 8 gpa 120 14S50.4 R. A. a4J acm v Isaa7• Mon N66Tots r LOT £ 121 2a4/7 sq. R a47 perm 4` A PCB �Si?7,K'ti O R16?e. •f. d IO•J7%J• �1� �� Ar F'1 'D/ '4tJ4 L1J 127 N 16.ex .4 m = 126 'b' r� 91 % 436 Gem �- 16,7W a4 /t -�„ 21 11122 W q M ,7Yi 125 24104 s4 n. u+.� a57 aorw pr^ , /. v , 17.73t 4 R. ,•`., op• itf a41 acm a {7i j •`i 124 Ilk r0%sJ iu N+47e.00 1x I L 123 �; '`, N�r,+a6 1 W W/� aJ8 aa.s . W 117 Im d`I p!.Oe p lqa Ia;s2 q R. _ „\ � f4Ji �' �F---�►yq� qp G�j� J,�o �' � Wv /J7*• �4� V / C47 �' LOTR ^ �7J IaA24 */'6030 N67I4J•M 1 4j �- /t� mqL IL *-'So 00 Lp+Jp ald 1 W I *-4 -� r+10D 51 C4 d0. �p 7z•10 ./�` 1r N A-172t?' 1 se. I � 151 150 ��' • 14625 ,q rt. % a43o"q LOT K 1146 oap �r ,� v ; .�\� 10sq. 245 IL �• '� s e u• � T.43 acm 1 158 r 10380 IL f .38 aar R-60.o V 152 �• '" p� ?i 19.365 .n. d-4i6sq.'1or o°°o,�e a44 oars I $ � %wt v.t•Sr o D, 157 1? iO-"'o 16.140 p. R. 0?0 16p.Od 0.J7 oaos 1ot VT 153 17.660 sq. R. J i��\ItJ 0.41 oc� 156 IS91e sq. n. JJ p a57 ow" ,r N6S7Qb9.6' Ix3v N65?J7rw $ 154 1�,067.4 n. w 155 w� O.J9 oen. � i c n.0n •a ft �. / � n 0.19 off" �� J r lssx• — ------------------ 9•w ----- A NO SEE SHM s FOR s11NVEWn MM ANDmom olr Nona. LINE TABLE lIACM 6EA6wC 9ANl70 Ja 47 N 4 CURVE TABLE a�rlE iFNcrN BApUS aarA ca 307 v w Lw cn IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 10 OF 30 SHEETS TRACT NO. 29894-2 11M A SUBMWOI OF A PORTION OF SECTION s Mao THE SMM HALF a tq TON OW a SomN, WNW 7 09. sm anfty olNo muwm. ACCOROW m THE. PARDUE, CORNWELL & ASSOCIATES, INC. MARCH, 2001 SEE SHEET 4 SEE SHEET 11 NOTE: SEE SHEET 2 FOR SUNYEYORS N= AO MONUMENT NOTM 308 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO, 29894-2 WK A SUBDIVISION OF A PORTION OF SECTION 9 AND THE SOUTH NAIF OF Sm" 106 MWNSW 6 satin, RANGE 7 Ewsr, sw INNAIDsa WRICI , ACCOFM 10 aE OFMK PLAY NNW PARDUE. CORNWELL k ASSOCIATES. INC. MARCH, 2001 SEE SHEET 10 . I I I r � la ra li Aib � O Voui4pp V r 0l4 i + I i I ti I i Id H �I I I I I I it D m z C m SHEET 11 OF 30 SHEETS I Ir i Ar I SEE SHEET 12 NOTE: SEE SM 2 FOR SURVEYOMS NOIES AM MOM IDIT NOTIM 309 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 12 OF 30 SHEETS TRACT NO. 29894-2 WK A SUB Mti10N OF A PORTION OF SEMM 9 AND 7!E 90MM NNF OF SECIIDN /4 70NOW 9 SOWK WM 7 EM, PARDUE, CORNWELL & ASSOCIATES, INC. MARCH, 2001 SEE SHEET 11 SEE SHEET 13 NOTE: SE SM 2 FOR RW4VOR�5 KM NO MOMAIM WRM 310 0-10 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 13 OF 30 SHEETS TRACT NO. 29894-2 BOW A SUMV610M OF A PORIION OF SWION a AND THE SOM HALF OF SECMOM 10. TON OW 6 SaUm, RRMCE 7 EAST, Sew BUMM IC KIWI . ,'e =G 10 IW aP>lCK PLAT *ERMF. PARDUE, CORNWELL R ASSOCIATES, INC. MARCH, 2001 SEE SHEET 12 Mum or - or I, I I I I I� I re v I N 0 z ^mq� a < ITI c: i I I I .,Q ppo O SEE SHEET 14 NOTE SEE SIW 2 FOR SURVEYORS NOTES MO YOK M W MOTEL 311 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 14 OF 30 SHEETS TRACT NO. 29894-2 MC A 9JODNEM OF A MOON OF SMMM 9 AND YNE 9MnN WU OF S>:5.910N 10. 7OWOW 6 S10M K RANGE 7 FASF, SAN BD01A m YEAIOPR, ACCOAOI s 10 TIE dFFx x PUT 111FAw PARDUE, CORNWELL & ASSOCIATES, INC. MARCH, 2001 /-� AVENUE 54 NA975Si'E <M;1.91> (2977.9.i PER P.M.B. 57/W-") M I" LP..RAM S£T TAG, 29 7 wi Jn �»� 7r' MJ17.76�a 15 M F- W W N W W N 312 NOTE: SEE SW 2 FOR S AKY01rS KWO AN9 M9 AVa NOTIL IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 15 OF 30 SHEETS TRACT NO. 29894--2 sac A SUGONE H OF A raffia+ OF SECWN 9 AND THE SOUTH HALF OF SEA = 10. 70mo r a soun DANCE 7 MST. SAN BDKWM MDif M AL'Ct>RC91C 10 111E OFrit1K PLAT INOW PARDUE, CORNWELL & ASSOCIATES, INC. MARCH, 2001 •4 IL a21 avw 5 a �4gip 499 7 sq. IC '� !i a21 owm 49B44iq. /L 0 p. 0.21 mr a�p6; M1 Ld 46 i am own o �99;0• T^ 45 ' a21 sett W 1� 44 W 43 9.000 sq. rt$ i ��M1`IM1� 25 \ '\ 1 aow �4 42 /cF+ o� 492a sa ft. tP CL20 sores 4999 a4 It `p ►AM1y `� 26 �'rz 41 \ zr ss.a. /tP a�hi GL200 oowm 1p6�`.`� a'?f aorw�\Y.. �d 4Q Y. J� `�o�a�o 27 0 • fo '� 4077 aq. iL 0 P �ti ,�` 0.21 ovw / 2l ear pa' S ` je•. 43 9.a¢� Op 28 op 4 0GM �w p7 0.22 wv,00 38 %.` �'6,+ d •� fa210 a* R. -s/ ` } C V ADfH as rt pq0� y` Y n21 as+r Tr a2J aw r�,1 30 °c % 7�R7 4 /_tiy 4D00 as fL 9pb�M1p gib. a21 arnw 37 706509 aq. 1L 31 ' a24 aorw LOT M , Q21 mr ad� 32� C14 a* M 36 ♦ a21 acm ``1 la&W a sq. a25 aarw i.._ i� \ 33 35 ' M225 wy a fa194 sq. IL 8 34 a23 sow to24s aµ IL 0.24 Zw LINE TABLE CURVE TABLE eww Limes IRADR/5 DELTA c1f 2991 51,V 02 .1a71 moo J15ry, 03 A7s 51o9 04 2941 ss00 cis 2178 Saco i C19 ABS SSDO .r cn 2a54 75aw 09 2f190 51— mour cal M84 7sa00 f:4o tam 4oao0 313 NOTE: M SHEET 2 FOR waE"rS N01F5 AND aONI f WIS. IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 16 OF 30 SHEETS TRACT NO, 29894-2 MW A SPODFAWN OF A POff" OF sfe" a NO DE SOMM 11MF OF SEM N 10, 70MOW 6 SOURS RR110E 7 U9, SM 80I0MINO IE7WPK ACMVM M TFE OFR ML PLAT 11 XW. PARDUE, CORNWELL & ASSOCIATES, INC. MARCH, 2001 �M10,211 it 4?I aaer `\U O p0 D•1p. 4 LJ J ILLJ 49 0-21 LOT M D� 1� \ Ls o D4522 ,a R I = is MLi! �. ti+ o s zoo .r,.. 0 LLJ aea7 - e. "y� t'',e s 1 s 1; , 1 • 1 17 a21 Op 9 0=1 1" 18 2.000 00 19 1a2t �.. \P P •t1y�be1• ►1 8`& •p6 % 20 a2/ oerM P i D ► A107 e4 ft g 21 a2r ea.. s p1' D'1 22 +• �•s 23 \ 0•1060.3 CC36 \a2aore. R `3 is 45, L. 1 L LJ D LiJ 27 LLJ 77 a* ti LAJ 21 GoM t/) LINE TABLE Irr tdcnl eEAINlG is JSJS le 2SD/ 1' U 17.20 UJ Z6.10 CURVE TABLE CMRK UMM I R"S I GMTA Cie M17 124a00 CIO 21.87 56500 rn 31.+I ma0o C?T 1122 411G0 CJV 20.26 IMW CM 2a0J I0a00 NOTE: SEE SNEE1 2 MR SURYDOMS MM NO NONUMEW NMM 314 0, 1" 3 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 17 OF 30 SHEETS TRACT NO, 29894-2 BBC A SUNS M OF A POMM OF SECMN 9 AEO THE 9M M WOF OF SECIMIN 10. TOa4JMMP M SWIK ROM 7 FAST, 50 Jfr61an1NO MERIOMN. /r�1NO TO 1K cFWK FLAT TiE11EOF. PARDUE, CORNWELL A ASSOCIATES, INC. MARCH, 2001 SEE SHEET 4 O° � w I tlN1 LOT C-1 oar 63 A too as rt. ; „e a21 acre. 62 NlssO'/6'E _ a22 p.115 . S6 R-415.00 L,5P. .52. pp t► 22' °� 9.401 aq rt. a�,`6� y°6 sa c 6 irm uxi e�i6bo460 `a= acre. .+ p.6' d• 2r48' ft r~ 59 `- 1Aa2? acresR. � ` �y1 `s1k ; 9.184 sq. ft. �1:s ` �. FC.S� 1 L-217f '12'F - r- _ a21 urns 57 56 `S a21 ova 1a �)+ D trz>fl9s)• .14 56 9.028 sq. ft." 1s LOT IJl �16�4 c •I9.001 sq. fL w, •I 12 'P p. � 1 - - •` �, a2f acres .. • ` 9 O1e _ _334.5130s S C,7� L d yo 81' L6 O 00 54. GfJE - �1x p.S65.e0 a r1 /6'E N^ W W �- Z �,�µ� "81 J J— r ta 1 tool 14 15 9 000 aq. rt.8 F ogg ; ;\ W 9OW $4 rt. a2f oora y� �vTOis 1 N 17 9a6 $ �a2T aos a,p°o s� acres 4 9.000 sq. a. s 18 ' `a21 ".. LOT 0 an acres JJ J� x�oo J r r L_J7.7J4 /) B �1 ,I fPq a i I i 1�+ q° pq p +9 9 .� �.'01 ib R D 00 9 '9 Fg /� t'�► p D ` q0 L yp•yS p► L..TtrB o �' p.+�1• y e-3�9�83f' "�1�tS7.21 ]S99z ,o. 2 .1i .LiJafS p. rt. -L- a8J era � D � aM ovn PL 00 3.S] ] 01 LOT D �2] M i-ia e t,Ju sq. R. tr8=71' �, \ r o M y 1I65 16.18s ay. fL O.J7 acre. «\ W JJ.07 L0. n po �' 3 W asl;A' lys9 t0.30 ar n ism. _ �Da aJe «,�., V) �� \ 1'0 4 i W 11,7s2 sq. ff. A6 y�Q E ij tl ` s /�� r r) N O.Js ovas a•' j1 ° l J r 5 NOTE: SEE MEET 2 FOR SUIMORS WM AND MOfMRIEFrf NMM CURVE TABLE G911E lHYC7N RAdU9 Ca TA w reaa uoo n C2J ISst 510.00 C21 J7.21 100.00 CJ7 +raw xim n9 Cm 1.rro srao0 C69 A21 56500 y ' LINE TABLE LIIE trNcfN eE°Nw9 t0 II.J6 J L9 2J80 N717 l21 S21 Lu ra.eo N71 tJ0 1580 1 1 Li] If.66 es7 u.aT a r'r Lw 11.6J 315 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 18 OF 30 SHEETS TRACT NO. 29894-2 MW A SIIBONSM OF A PaR M OF SECII011 9 AND THE SCUM HALF OF SW= to, Tmmsw 9 SptlK Wa 7 FAST, SAX 8E7f99a M RE7BW^ AL'MMM 70 7HE OFF M RN 7H0W PARDUE, CORNWELL & ASSOCIATES, INC. MARCH, 2001 , 0 M la. ,v ` W 00 �M a 00 D ('� I LJ a'7B2 �6'1 fR' £R'-23-o.0 19 '`�e`��y Drbb'' a-Js• 1s 3,' � 'LOT 0 � �+ 234217 r4 R 7� 4s ._ G 56i s2B evr �µ� �M e+ 114 n1� �� lI6lAL � t sb•�6 � O.L. vv `O] Ot. 1M 47i4'E 91 Na56.•y1 \ Zr • :G. v jer o ¢ d.3839015' �S 1165E o R-201M LIS pp idA� i�O` v' NHS �u o L-4263 0•Sa�.00 L-136.I5 C uue �r d-12T19:17' E'0 i Ne97_r2s�liR R-2M W B P.RG p„m 1 L-IA74 208 �+y l 677 357• .. a IZ4I9 sp. R. l a29 aoa� qeo gal �.$s � 207 V / ooe \! 14.00 4 R. t y o'j, : a32 ov., { h. R-1oao9 J 3 's ��s o b •V L-2146 ono l 1J.8709srq/l. N61��' �197914' ,Y a32 p�� J• M V +�}� 206 HEY ib a /Cr 14.084 m R �•',roo 0.32 ays t $ hl o sae 210 I ��i IAJ41 y. R. �j a3l ova b1 a �'�i••ey 2.47 obee 211r— '��a'�° 12.985 eq. R. C�b� av��l-7je0 aJo acm LLB 212 �• aJo 0a ;?'e N j—' 16 iJ Jl •�` 213 �6T 14477 p. n. I W �! �\ a36 acm to "N7676'3� N76 214 i7.995 4 2 a4/ LL, av�e i LL� 147,,A. la, LLI SEE SHEET 27 NOTE: SEE SHM 2 FOR SURNEYOWS NORES AND YONLUM NOM CURVE TABLE LTAPIE LENGiH RALYUS DEL IA C58 6325 2600 GS9 IR,II 24a0D 31 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 29894-2 WS A SueDIVISI X OF A PORTIM OF SECTON 9 AND THE SOM IIttF OF SECIM i 10, OMW 6 SWIK RA>+�E 7 DO. SAX BIM MOMM ACOMM 10 1K OFt1C111 PUT NNW PARDUE. CORNWELL & ASSOCIATES, INC. MARCH, 2001 SEE SHEET 31 LINE TABLE I6IE ItNcnT OE40m l2J T4.M N14 CURVE TABLE CURK lfN01N &=I Da co IQ60 130.00 0 C.0 11.46 991.00 C91 IA1S 1 10Q00 1 I W.15- C120 11 3A27 I 12W N :n armm W..•.�w tom. N96��j71V WI ii Na63r- - SEE SHEET 27 SHEET 19 OF 30 SHEETS C) N LOTH = lozow .n. R N \W W N 317 NOTE: SEE SHEET 2 FOR SURVEYORS MISS NO MOINNEIIT Mom. CT R.1pp LiJp1 N LOT H i6z960 sq. R. W A Li N IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 29894-2 BEING A SUBDIVISION OF A FOmION OF SECTION 6 AND THE SOM I" OF SECTION 10, TONN9i 6 SOUK IIIINOE 7 EWFT SO DOWA D MO6o K ACCOI = TO 1HE OFFKK FIX 1HOM. PARDUE, CORNWELL & ASSOCIATES, INC. MARCH, 2001 Typp vp�a 1j•oy J• 7 Tp. p � �J� J�C•Is G• Jp a'7j•1 �J SHEET 20 OF 30 SHEETS CURVE TABLE amity mm MTA raw asap1&20 SX100 r4041' 1J41 uaw r49'4s' E J4.211 sago4117 sa00 49IZ44 Js.00 4Us IJa 4' J1.0 raw I `�-65.50 — 0� r� N srivIt Li6 ?a49 e84. L W (n !48 / /' / SEE SHEET 26 NOT SEE BEET 2 FOR 9-W* O" NOTES AM NaaaENT NOTES. 318 %v B W W V) W W N IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 19 OF 30 SHEETS TRACT NO. 29894-2 BEING A SIBOIBON OF A PORTION OF SECTION 1 AND TFE SOUTH IEMF OF SMION 1% WNMFW N SOITN, RANGE 7 0W, SAN ROWMIIIO MOKI , ACCMM TO Tf WFE K Put THOIEOF. PARDUE, CORNWELL & ASSOCIATES, INC. MARCH, 2001 SEE SHEET 31 LINE TABLE LINE I EENGRT I BEARK LZJ 1 24.48 1 N?4*JrWT CURVE TABLE LURK LOW111 RADW DELTA C11 1De0 i3D00 Ci0 IL46 29LOO CIN ID.JS Ifla00 1 'I , C120 JAI) 1230 SEE SHEET 27 N R.,00 o F'— LLJ LLJ TOT N = 40M N \ W W N NOTE: SEE S1EET 2 FOR RMEIORS NOTES MIO NOW ENT MOTES. 319 V F� J IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 29894-2 SHEET 20 OF 30 SHEETS MX A S11e0N" OF A P°rtroN OF SEMM 9 AN0 THE SOIMI NNi OF 9: IM 10, T119115HP 9 SWrK n9E m7 FAST, 9 SAX JOWISI O MIMINK ALCOIe1N10 TO 1W O FKK MAY nlE W PARDUE, CORNWELL A ASSOCIATES, INC. MARCH, 2001 R-1es.op L-1"J7 ei, it 1 ` e-34.10.54. A V 194 �. \\' ITL �iO ( , - a34 am iiA014-q �j I—) �• fig= 195 193 12.602 sq. 2 • Z 17,513 sq. R. 0.Z9 ease �• ,�,f � 0.40 eon VpQ A Y cot . 15RwKw 196 b'0 L=2SO ' i°�b•o 13.142 eq. R. �v �° O' 370• a •. 'u aJ5 acres "�j v° "��9Y2 ry 192 AxrJ��'y~o $ IZ719 sq. R. ~'>.�•A ��'J. °�:� S9-e:ao pbj� a29 ea.. ` L-2114 197 7uar ;>Pe 17.e2J s9. R. /i�j•1 00 ^u ,P ">'j��,l� 'lbey✓�?vo1 .09 a41 acres �' ,\� `1� , 191 I L&I ease C o b 09y ii 190 16 321 R sq �� . • 0.Je Dens L�.50, 111.1 !9A � . 4 N7t7Q�tily b �} fC � 1b D,�x °4 LOT T y x - 189 'a `:ao 16,J57 sp R. A 59.242 aq. R. o•ti ewoa a.Te acres Ail 1.J6 eon .fo O• Q' S�`11 'i�\� 176.e6' i z N79� t� R-15a00 !_ L-1101 188 i .F e-775'4r 12.226 sq. R. W aTo aan v iP� W G�IJ,(p✓✓ c R=4j> Jp 4e °a al �' � 1Y1'� •E(R) 'fi 162,0e0 sq. R 187 4 scree . � y'J' IZ7344 sq. R. \ W W 0." acres .JeJ � ,,�� J?O R= i d•Je (•Jy� �v° ��°��. 'o N= S9 'F• d.jJ ��g0 q�•�°�',J.�� it .ies�o py\'0/186 p aJ0 can (0 ae ,� T S %L, 107. sp R V O C�� '7 �h 247 17.70T sq. It. J,�O� s'�s° ,}^°y 2� 0.41 Dan1 1J �g7 ° .•Y `4u.1o0 .' t4 a0e ? :JJO•1 �15� `/ b•1 •J•�aJ .q�J f� 245 ,O J°� 17.344 R. 7"a A sq. a40 acres ,fI1 '11 00 �J,t, ��j R=JJ I''g ,q. \ 4'� •J0J 7J?J Oy d.79J0j Y c ilO y r ? c °• Ji a?S,7p ��• :J OT "L "' h�a'�Oab d0 fir °O• 200,395 s47 q. J1�✓ 7S�•h a-J78.S0 [:94.7e 1� _-600,00 [ -so. 7 J �y+Y /, J✓� aJo L-99.% RMOO.Op 17- `v �� CaJ br, R 4 0 C��iJOi ? 247 �b•ee39SJ' ar34. [-•372e '•e73.5 Js.7, d as4 sa., e, -eJl.00 e-xi90 [-97.se W J L-7d97 e,s 1e 2e• 6•ees9s _ V) q�. 270 21.494 sq. /L a49 W W acres 248 SEE SHEET 26 NOTE: SEE SNE>Er 2 FOR sumEYOn N01F3 AND MONwEW NMM CURVE TABLE Li+MK IfWGRI RADs/S 0[1TA cn IaeS Jsoo CeJ Ie20 571300 119'IS• C64 114i 41400 !Y9' • C65 JlM xi00 c9e 41n xia0 • % f511 17.44 1i00 f� 7e1 IJa00 1• nr JLeJ Iaoo ! 3?0 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 29894-2 SHEET 21 OF 30 SHEETS SOW A SVBOIN.90N OF A POMM OF SECTION 9 AND 11E SOVIN HALF OF SFJ.N01I 10. TOWWV 6 S0LIR1, WAX 7 MR. 5AN BET6pI OW NOWK ACCOVM To TIE p FCK FLAT TNE1 W PARDUE, CORNWELL & ASSOCIATES, INC. MARCH, 2001 %mil �ir)� a•faa.uc e9. t.1 d.sa•3V 37• tars .ram a Jp 180 n.099 o' Sr• : am oma � •,,L �. \ s �'- 181 179 e4 p: 14.148 sq. N. : aJ2 rasa sq, IL �pk a35 amr v p.35.00 v L.Je.9e.° r,� s 1$a17 p. ft. a4J aaa E• �Ah LID P a ow ae "tea 182 Nm79 __ 178 16.257 sq, N. =Lw N e•49 a40 amps a37 aaas N79�1fe Aso a V OAf 'YY�' M I N -0 p Nisimloy 1► N14 `42 177 & 24,562 aq 183 p` 4 g� ass «.. 71, I$996 a*Awins /L 0.44 7 a J$ 6` ? •Ib2\` IP 100.00 L=3121 G4 !•p� rrJ it �', 184 /t. N65 ?O.46 's 'J �, • $ a4a o� c 21.97 LW c 24 N s" so 11 25,71N !��°Ay 185 `• p po 0 •4T 55 tse p� A'f D6.71 ( " W 16.669 .q. ft p o.3e .�.. 1`i4 ��' L.1 + 6? • 41 y3 °o as : It W L 1, •1 11O .�.� b. � i o� s R_30 a m U �eL • a•��15 5` \ �, is7 J 6o N6 � I.ee avwt �• W W R=1170. oo 'O L=327.11 y '07' .1616 00 p L 5 55 0 p p1• 51.00 Gp•f a 15 p d.! a' 0I p R=I 50.00 P�1f4A�1 p0 L 5 „ _! ' 1 f65. 1 Z 0 !�" d' a i 4. L 79.e5, qw! LOTS e:Jo• Jo ub" p. p- LOT F p6 7 107.M no. IL I rI r t►I O 57010 n rt. R.2aoo � 217 oor� 74 R.4f9.50 L• If3 42 f.Jt oer« L=J1.99 .p r A•911 a 7• 0 N R=I 744.50 L-204. 0a d•15. }.36 d=6'42'07- L. R•130'�1 L 4 a R.450.00 1J R=176S.00 L =20f. 44 d •1 5. $ 60 005 177,91' W 125or A07E T 'p% 55 •.�1 �r0p oo 1-60.0 -` ,p LOT J W ' o ,r� VIA DONA I6127 N69ia�eE rr N e °'J4'24.41 �� P cal 117,379 49• R. rf LA w �1Hg7 . V 2.69 emm is 4.ieo r NeD La -Too A.riTrii' 6 , ReO "E a �saa9 d.3.47'2e' d.4'e0� .�>J 5 pp 41 • L=e667 £ M9J75ir W 4 a,1a5 W N 40. 00 d•7J�J7 01• e. 274 271 v • 1 0.44 crq. rt. 0.44 ores 8 272 Js•17• 21,160 sq. n a49 acres O� 24 y q.R4 s y^j 16,714 .,q. R. a43 acre F �C} 275 41, ; 2$OI7 p. ft V n h �a IQS70 14e6D5'?0 � rat 7.r t % +ON JJ r 278 �y 14.779 W R. a34 oems NOTE: SEE SHEET f FOR A9IVEVOn NDTJ3 AM MONI6ENI NONE. LINE TABLE l9iE LOVCRI BEAR9If. L?e 155e H' tJ6 AIS too sv yet LJS YL81 NI L5a ?ae9 7r LY 29.36 L59 ZS 19 t60 ?511 AIe0D4 CURVE TABLE CIA'PNi IDIOM RAOMIS LFLTA C67 2214 50.00 Ce4 1207 JS00 ID'IS'JO' CAS 6.71 3500 Cea 4.59 66.00 c/n A5? in4.00 ye• Cl?4 1A61 421.00 3401 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 22 OF 30 SHEETS TRACT NO. 29894-2 BONG A WO MPON OF A PORTION OF SECTION 9 NO THE SOUTH HALF OF SECTION 10, 70wwr 9 SOUM. W= 7 FAST. SAN K MONO LERWK ACWT M M IW WFXW PLAT THEREOF. PARDUE, CORNWELL ASSOCIATES, INC. MARCH, 2001 Ve?boP �WV LOT ql� 178' k 4 177 24.5f2 sq. R. ass ecru. a ,. 176 21.365f• 1. ss acres dP ! 175 .�/ I4.4W sq. R. am can 174 r 11325 sq, rL N ,N' aJf acres }, R-421.00 N t• J• L-I06.14 Q hh11 21 d-14 2f IJ• (.>? f. i d LOO oJ! Cf7 G•y173 .� :tJ• 'Y 12.f04 sq. N. ,' 4D• R C12 T U R-4e ,, L lff. d b1.0 0.J0 ewes L.IJ �03 4 a 211 15 eves ~/ f0 flu J•t• •` �M1/ 172 Jo• TW ..ice R�Jf0.00 (•2)4 ,a•`� 1 .00 LSD ,� ° 4O J2 4J /l ?�` �` 4 1 aJ0 oar"pd�•Gy Sp. ft i/i o 6 0 q v 8R ono c o : J o � :�`,p/ 171 ti LOT G °� P� 2sa'24 L 14.700 ,q. It. ii9a A o• 0.J4 ewer L IJ W "j 39.707 sq. flu L.2,J.27 •eI R• 8� �e a a91 acres R.200' Os Of L.�•t00 ^��l 14.2547sq. R W a s Jj V) '° £ am awes jgl � L.242.49 .7 /,f. SO 17 sO S3 p�9 R., a,00 0o y� r 4i • , p5 117.3D s0. ft �'?3� 40• j�.J� tl J 'S' 2l JO• R. ate° D M tibJ+,°° `• Q''s �40. N � R-Ia90 �' .�. '�• R. L.4146 ti'. "�° 4 °�• A , LOT G ,7s.so (.>, ff 4, R•L0p0.00 p [RI1f471M• R4 �.� 303 si R ,0 °24 fp J9.707 pact ( a 41 ', °•?o.i��o, V@C 14.544 sq. ,t. � 3D4 k d �p�1J Oc a.J7.? Z7 of A1y '� f W / 0.JJ acrn ? aJ4 acres4,647 sq. J47J• C104 CIOS s R•, LOT J t�s. o a:J ;� ° p I I7.J7f sq. /L � s '�.�'�/ 305 J/J• R• H : awe , ^ V / 2f9 ewes /• . 302 R .00 14,ff4 eq. It. ,�{ d•e'•*?o>: 14147 sq ,t. L.2L7s 0.34 acre, Jl.•y�o P1� �O W 4.243330'21.87 8 �• '� � •` SaOO am acres p0 £�! � ring,306 c'O•' �'p `a,• }e• 1 • 1 'W/1 v , JJf £�/ 4.i QJ5 craw /gut L-�u • Jot q l „ �? `o e•Jm71f• v a�tii / o° i 307 308 \� �° q• : 14.137 sq. R. g D aJ2 acres w o 301 �y vN f 0.34 can ay.>J l*• Zi o � phA •$ L•101.20 i15 / k' d•J•Is,2 ft qTt wry ac a �I�9•Is a 300 1!� 14799 sq. n. e 1u 0.36 acres ye: I J J ii r i� GAO SEE SHEET 25 NOTE: SEE SHEET 2 FOR SII KVQn NOTES NO NONULEM NOTES. CURVE TABLE CAP1f LEN01N RAOM,S OL1TA Cf7 IL9f IOOOD n0.T J0.17 4altl n04 53J3 10000 .TO' nos J9.Jf Ia90 nas 9.a ro41.a9 322 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 23 OF 30 SHEETS TRACT NO. 29894-2 tE1N0 A SUBO M ON OF A PORTION OF SECTION 9 AND THE SOUTH WILE OF SECIION 10, TOMW9i 9 SO K HMNBE 7 EAST, SAN BEIOlMO11110 NEl90MK ACCONOBIG TO THE OFFICIAL PLAT T►ID W PARDUE, CORNWELL k ASSOCIATES, INC. MARCH, 2001 Sato L';3i:ot s js'l o• Yv 97 za- xs. 06.27 M7tIjY�4� e-Z' Yo F M79'7�'E A i 6a75 t Rroo.00 12 N�4 163 � _ 162 R-63 0f0 Oa5C3;• _ ev R Q34 1Z771 aq. R164p4,910 18 azg acre. d-a'O1'74' z .� s$"oim7�166 �«165 ' $ aao a�aresft'$11142 188 187a30 sq. IL1p�t oarsf. JsqfL 8 yyam,,11920 sq. ff. _ I.M 1199a & OLJ2 aor s t.8 o0 r p-60Y•OS R.S°e's00 L '� 19 30' a i es i8FLa32 d-6' OS'10''L.J screw d�'�LOT e-6' U WR-MOD ? ((1�w_ L-2ao4 `'Vj : J ett57 a4 a R-eS9.00 L-100.71 'f1 p-959.00 L-101.34 d.6 0J 17 >a z 02 Rd61.00 L.1I1.I3 . tt 3S 1ss W LOT U d-l96'OI N7519'21`I�'t1 z 0.1 Y P 474os• Lis 15, ,E 82157 ,4 it g _ N79];! 1g 343 344 r.Lre eo.a � — LOT G • J4707 eq. ft R-231.0paDyaeres d-l9 Jy 46 I 65 4' vu oto e a � I •� A+ 6184 i Ala9'�5Y,I•W R-22100 .P- 1. w a 8YD Ltl' 4 ' f0! hD " w 310 _ I 309 h 11005 ft. :• ti� aq. a3o acres £ 14,067 sq. R. a32 acres LINE TABLE ME LEN01N I HARM Lot tZ7a L47 L50 21U 210 1- N12W2rF w IS! 2a►2 i 0T r55 CURVE TABLE CU71E UMIN RAM DELTA C76 1180 13IL00 C92 I7.46 7111.00 1 C97 1.60 Saw Cab law 6ft.o0 I44 4' am 137 7aaa Clip 16M 64a00 t 2rw, C112 J1.62 491100 3'41 f C114 rats Ia6i.00 Clio 1 a67 1311.00 . aim* C117 1 2106 1 231.00 ' C12J 1 19.91 1 MOO 7 a- '� 14.000 sq. ft. 342 ass aeew LOT 1 156457 � ' 21,549 s4 M. I Q49 acres s. 341 15.941 a4 fL d7 OL37 awes � 311 14.97J mg. n. Njips 340 � 0.34 awew 14509 ea R = I %j JJ V. Q.IJ acres �R-R� R-2mw L-2eof L-3194 C J J 6-fr46J7' 'y d-s454r S1 t553a' NaYI II'E _ r�tl 312 >1 339 t 1199a 24 ft a32 ewes 12.97J 84 f1- r aJ0 acres E� 313 38 12.004 sq. ft. a28 awe, tz" s4 R. 1S� n4 pr■■ i a29 acres wap 1v fi6qu 00 (A L-JE39 I.,f6'E s D u �' o tsa39. .aM z I 314 12.166 sq. ft s � 337p a28 acres • �.. 'cra 11104 a4 R. O.J0 acres .va. a• ,�i,!; 0 1'A6d N7631 R v N79'SY'10 tlN76 J67 N N77Y�EG�156 Nay 15a27' 315 12,016 s4 ft. Dr, a29 screw ea 'a 336 Dr00 &.o t Dr.z -'= �vpe 1.1307 aq. t. y. o u 4J1 Dena p ISa0.0'Mu1 ' ode L; c FAO $ '• 316 O�•^ \ 15a00 Nar3iJ7E(R) rev: O y 7! 12,Ifo a4 n. o � a29 awe. a a 335 oa' a iT ft. 14061 s4 a a PAC u u�Nlt) Nft aJ0 awe. � L-Aff \ SEE SHEET 24 NOTE: SIX SW 2 FOR SURVEYOR$ NOM AM MONLUM NOTIM 343 0 J 9� IN THE CITY OF LA QUINTA• COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 29894-2 BEING A SUBONISON OF A POpfpN OF SECTION 9 NO THE SOUTH HALF OF SW= 10. MWNSHP a SOUTH HLIICE 7 FAR. sm BETIWMR )w 110" MMIL ICCgOWIC TO 1IE wwK PLAT TI Xw. PARDUE. CORNWELL & ASSOCIATES, INC. MARCH, 2001 SEE SHEET 23 I5a00' N Ne9�r4J•trB) , n Iwo o—" Isaoo' 316 oil 2 o AWW 7TY I2.Ito 84 ft. ='r7 �: „tea a2e aau e" ad335 PJEC 14051 !4 R. u e < am oats ISagp' Ne9OI J2'yrp) " e R fa2a00 u L-IJs bIY77J' SHEET 24 OF 30 SHEETS h " 317AW i5aL10 ~ 47 aJo ovss h~' 33412.Je5 F., Mg.R. b.a ate arosISaoo' �`•V Ne9S6�1'M(R) 1 u —o 318 w r- 13a00 D^ � Lea � � Iele72�42T(N) Lei.. 13,0e6 >4 rt. wo a3o aao u_e 333 Mom= D" a7; N ei— 1z3es !4 rL ,.Ao 5.S gyp a2e acres "wc O Ne6T7e�21T(9) D� � D^� rL.•�N 319 t5a00' A3 ys ., Ne41J) „ ae� IZ474 p. R. a _"g a29 aal. b 1 332 J J Jr . &I 1 as3ata,a.s �Ae o Ne93109T(9) likmlw L.2L43 O `s I.57e'15' 320 "V ' L„ y IZ31e p. rt. Neels�ell(91 q Ifl ate a..! 331 . Is L`� IZM4 sq. ft. a �+II r5aoy I am aros 1� 321 ► � ISaa7• NaSt1F•, ii I J r r 0 11.931 sq. N. C r jQw _� c; g/ a27 oars o 330 >; ~ *75 c T9}J 14 12.293 a4 ft. ate 9, @t o,p Dons e'A 322 i 12.74e s4 R. N9e Ne9z7zeT 0.29 oas! • 329 v+ o IZ511 sq. /L 0.29 aau y3 S h 323 ISa00' $ 1.12M p. R. LOT 0 Ne67_T �2T ago aas �° 6a !4 ft. 1.40 0"s 328 Y 12.734 a4 ft. 0.28 Dan $ AI6JA�'1/•jY ~3j=`1J SC i5a00' 324y Nei9J'JiE D..� 119e2 s4 N. 2 y aJ7 0ae1 O O,p 0 O Noo !p?fie 327 O ! % 17,194 sq. Po p.60 ` a39 aoa o L1�j lie. L.64'L11 o e ti a 325': a. Doe p��te y 17.902 !4 rt. 326 a41 eau J atxf '0.41 s LINE TABLE LM um"I 9EA99N:. 02 2179 w 24T LM 9.47 'W L43 447 L44 2175 L45 Faso 4• L46 dog NN' 3s L49 aos CURVE TABLE cww u mm 9A w DELTA c7e 21.12 n7ao9 lumr c79 MIT? Joao9 cw JSJs sago Ce2 Jam n7aoo t 05 a91 3MOO NOW c" 14.2e MOO I Cu law 13900 aao 14.63 ISLOR clot 2162 ISaQD • 7•r ' au la4r Io2aoopurar a13 21er 1Jst.00llopw ale :rss 12mm IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 25 OF 30 SHEETS TRACT NO. 29894-2 WNG A SUBOMs ON OF A PORMN a SECTION a " THE =M NIEF OF SECTION 10i Towar a SOVIK RNW 7 Mr. SAN SOWMINO M011M N, I=MM M THE 0: IM PEAT TIEIW PARDUE, CORNWELL R ASSOCIATES, INC. MARCH, 2001 SEE SHEET 21 SEE SHEET 22 SEE SHEET 28 NOTE: SEE SHEET 2 FOR SURVrM S NOTES NO MONUMENT HOTEL 4_r IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 26 OF 30 SHEETS TRACT NO. 29894-2 WK A SUBONOM OF A PO RgN OF SECfWN 9 AND 7NE SOM HALF OF SECTION 10. =war 6 M M. WANDS 7 EASE. SO E061AR W I67Ib % ACW M 70 THE OFFEK RAT MWOF. PARDUE, CORNWELL & ASSOCIATES, INC. MARCH, 2001 SEE SHEET 21 L J r �� r h LINE TABLE l77 1267 , EJ7 1360 , Lu 22.61 7 SEE SHEET 29 NO TE SEE SW 2 FOR SMRWWn WM AND MO FAW NOBS 30f IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 27 OF 30 SHEETS TRACT NO. 29894-2 OEM A SUB MSK M OF A PONfION OF SEMM / AND THE SOUIM FINE OF SECIMNI 10. WNNS W 8 SWK ROM 7 09, SAX Bi1RNROMO I OWK /CCOR M M THE WRIOFL PIAT TIERW PARDUE, CORNWELL & ASSOCIATES, INC. MARCH, 2001 SEE SHEET 19 SEE SHEET 28 NOTE: SEE %W 2 FOR SURVEYOR'S N= AM M&W" NMM 327 .N GJo IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO, 29894-2 SHEET 28 OF 30 SHEETS BM A SUOIY9" OF A PORII011 OF SECTION 9 AND 7HE 4011M W6F OF SEC0011 10, 10ERE4i 6 SOUTH, WINK 7 E116T, SM KWWW610 MRU901. ACMMM TO 7NE OEFiL71l PLAT WSW PARDUE. CORNWELL R ASSOCIATES, INC. MARCH, 2001 SEE SHEET 27 223 17,941 sµ k. � I « Isam _ 0.41 acre. ^� IV N973Jb AN73Jb71N I a .y vpC. �C. I3400' � g R 230 AB73Jb7'W 14017 aq. ft OUNT 441 screw ♦w Y' it 2sq.q. la $ N 17.79 k. a41 acres 19a00 NgJ79'STi R-2010 L-Jaw L=J469 1 e.eam' 1� n 2298 C � 18.150 eq. k. 0.42 acres eL 225 e £ I 17.406 sq. k. e 0.40 acres /g O ism N�793J•E �t y u 0> 19500 - �� i L-JI.39 N79OF _ A-97JiE- 13473' 0"9w NM7936 R MWW'51•F w 228 w �gy =499 eq. R. _ pN°• 0.47 acres /^ �op� p7 O � 0y o`o 226 o op 17,877 a4 k. R=43.0 S a e h ►0 6r ; 0.11 acres A 04-46 sorb- 227 27.432 sq. R 0.6J acres R=195.00 54 LOTr SEE SHEET 25 285 1 >Star 156182 a N61� 1.. 290 p� 152.1 i O.37 serer N75ry0 -O OT J 4=4100 s a wu L=7.11 8 11 J" sq. k. agu7g• ui$ so serer R 286 11 R N711 13030' 'A972 sq. /t. R-49.OD 4J7 acres L=4M G 73 Y� «. ry h �Y 289 J1I—'�) �';•e`t' �� "' :� �e�, dE RCS°e,.y no mg. e R 1s 287 Kam sacres y 288 } 17.017 sq. & aJ9 acres 1. tee! •, L s s 00 ` 9.1 19 r p.S5?i3§5S• I OT t-' NOTE; SEE SIM 2 FM SATANORS W, AM MOM MM NOTES. LINE TABLE IAIE IFAIGAI BEARNNG L24 ti01 RD2TA93JT l23 4.79 1 3?8 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 29 OF 30 SHEETS TRACT NO. 29894-2 GEM A sveoNMN OF A POnM Or Scron Y NO THE 90M Wff OF S IM 10, MOMW i WJK RNM 7 05F, SW BOVAM No NEwo W ACCOM c To THE OFFM PLAT TNEA N PARDUE. CORNWELL do ASSOCIATES. INC. MARCH, 2001 11r-� LOTrjl W W SEE SHEET 26 32q NOTE: SEE SHEET 2 FOR SXKYOn W M MW MO Wff NOTIM IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 30 OF 30 SHEETS TRACT NO, 29894-2 WNc A SUBOMION OF A PORTION OF SECTION Y AND THE SOUM NALF OF SM110111 10, TOM190 6 SWIK RNICE 7 EWF, SM RO MOIMo MOMM, ACCOROM 10 IK OFFEK PLAT fliE11Fi0F. PARDUE. CORNWELL 1k ASSOCIATES, INC. MARCH, 2001 CURVE TABLE CLRN" IEMc01 RADW I On TA c11 21LOI 5100 Jat>o I!' a2 JO A 5100 CIJ An 5100 C14 29t 61 5500 C13 2576 Xw 2631 7- C16 21.A6 UmC17 2154 750.00 no 21LOO Sass I joww,- CM I&S 75a00 1 1 1" C40 taw 4MOO / 1 i 00 0. a �p� 0 0 F�%o- '� 19 W •1 � W •�' V) LINE TABLE LRc Ln4ctn eeAAR4e u 421 U IA31 w LJI 1.25 44 Let 24.m n6S L64 J A2 LOS J6e5 14 /� �� m 00 11�7.9,y / i 9L♦1ie9 • b9 �� + 0gM1q sP LOT �•yo 1442e 2JIL217/eq. IL / qy ey �y •9 0,35 screw .q. n. a 07 sq. D� i I.X684 sq, aJt acres a D - '� L0T D"�- °5 �,/ J1,343 sq. R. a 72 screw 'q;660 aJ0 acres I)ti217d L-714255 •,p 41 . / '�6. 9 3�� + T1�j sq. ft. 0.30 strew b669472' 10 v 'T�i can ao. n. C7 1 a2l acres 12 Mow sq. n. 0.24 screw �6y �• P T \ 13 11.204 acre, 36.503 n n. a84 acres J—J 1J rDli i C7 W 6 15.42e sq. n. OO.M acres m Q Lw W V) 3 f— W 'a-M3 sa W a38 am T V7 W W N NOTE: SEE SIM 2 FOR 9 11YETORS NORM AM MOMMId1 N01ESS . 330 G ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT Tract 29894 -2 THIS SUBDI ISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this — day of 7-1-0-a3f , 2001, by and between NRI - CCP I, LLC, a Delaware Limited Liability Company, (Country Club of the Desert), 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. 29894-2 (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. 831 L T:\PWDEPT\STAFF\LINDSEY\TRACTS\29894-2\S I Agreement.wpd Page 1 of 6 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 Subdivider's 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). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., 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 334. f secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). Gq-. T:\PWDEPT\STAFF\LINDSEY\TRACTS\29894-2\S I Agreement.wpd Page 2 of 6 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 Subdivider's 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 Subdivider's 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 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 Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. .333 T:\PWDEPT\STAFF\LINDSEY\TRACTS\29894-2\S I Agreement.wpd Page 3 of 6 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 Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's 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 furnish 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 Improvements. 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 Subdivider's 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 -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped 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. 4 14. CityRight to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not 3 3 been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, T:\PWDEPT\STAFF\LINDSEY\TRACTS\29894-2\S I Agreement.wpd Page 4 of 6 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. Severability. 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. 335 Cz T:\PWDEPT\STAFF\LINDSEY\TRACTS\29894-2\S I Agreement.wpd Page 5 of 6 .Jul'n-11—u1 u/ : 1tblH r . 1 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: N� l � l� `� M c�aJ, ��n rl By: Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney T:IPWOEPT\5TAFF\LINDSEYITRACTS129894 2\S I Agreement.wprl JUN 11 2001 12:07 Date City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 NRI - CCP I, LLC, a Delaware Limited Liability Company 81-100 Avenue 53 P. O. Box 980 La Quinta, CA 92253 (760) 398 - 0599 ��I Date Date Date Date 336 G� PaUc 6 of 6 PAGE.16 Acknowledgment to Subdivision Improvement Agreement STATE OF OHIO ss. COUNTY OF FRANKLIN On June 12, 2001, before me, personally appeared Brian J. Ellis, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature91-1/1-2 [notarial seal] tAl s -.',S� _. LYNN COSTELLO . = Notary Public, State of Ohio of My Commission Expires a 0,� _ o F 337 G4j Exhibit A SECURITY - TRACT 29894-2 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 (On -site) 590,000 590,000 Street Improvements (On -site) 2,169,524 2,169,524 Storm Drainage (On -site) 258,800 258,800 Domestic Water (On -site) 1,535,150 1,535,150 Sanitary Sewer (On -site) 930,075 930,075 Dry Utility/Electrical (On -site) 355,834 355,834 Street Improvements (Off -site) 818,105 818,105 Traffic Signals 225,000 0 Offsite Jefferson Street Imp. (Participatory) 155,000 0 Street Dry Utilities (Off -site) 543,616 543,616 Domestic Water (Off -site) 986,300 986,300 Perimeter Wall (Off -site) 802,200 802,200 Perimeter Landscape (Off -site) 323,856 323,856 Monumentation 50,000 0 Construction Subtotal: $9,743,460 $9,313,460 Engineering & Plans (20% of Construction) 1,948,692 No -Plans Contingency (25% of Project) 2,923,038 Total: $14,615,190 BUSINESS SESSION ITEM: 6 ORDINANCE NO. 359 AN ORDINANCE OF THE CITY OF LA QUINTA REPEALING CHAPTER 5.32 OF THE LA QUINTA MUNICIPAL CODE AND ADOPTING THE COACHELLA VALLEY MODEL MASSAGE ORDINANCE FOR THE CONSISTENT REGULATION AND RECIPROCAL PERMITTING OF MASSAGE THERAPY BUSINESS ACTIVITIES WITHIN THE COACHELLA VALLEY, AS CHAPTER 5.32 OF THE LA QUINTA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION I. FINDINGS A. The City Council finds that massage therapy is an integral component of the scope of services sought by residents and tourists when visiting the Coachella Valley. B. The City Council finds and determines that licensing standards pertaining to massage therapy business activities are necessary to protect the public health and safety and the personal safety of massage therapists. C. The City Council further finds that public health and safety is best served by the adoption of a model ordinance providing for regulation of massage therapy activities in a manner that is consistent throughout the Coachella Valley. D. The City Council finds and determines that a deposit fee is necessary to offset the costs associated with the implementation and administration of this ordinance. SECTION II. PURPOSE AND INTENT A. The purpose of this ordinance is to insure the protection of the public health and safety and the personal safety of massage therapists through the establishment of certain licensing standards pertaining to massage therapy business activities within the Coachella Valley and to recognize massage therapy as a legitimate business occupation and health enhancement service. B. This model ordinance, upon adoption by this and the other cities within the Coachella Valley, shall provide for the consistent regulation and reciprocal permitting of massage therapy business activities throughout the Coachella Valley. C. Nothing in this ordinance is intended to permit any use, conduct, and/or activity that violates any federal, state or local law or regulation. 339 Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 2 SECTION III. REPEAL OF CHAPTER 5.32 Chapter 5.32 of the La Quinta Municipal Code is hereby repealed. SECTION IV. RE -ADOPTION OF CHAPTER 5.32 Chapter 5.32 of the La Quinta Municipal Code is hereby adopted as follows: 5.32.010 Definitions. A. "Applicant" means the individual seeking a permit pursuant to this Chapter. B. "Certified copy" shall mean a copy of a document that is certified by the issuer as being a true and accurate copy of the original document or a similar document bearing an original signature of the issuer. C. "Certified statement" shall mean a written assertion, claim or declaration bearing the original signature of the issuer. D. "Coachella Valley Model Massage Ordinance" shall mean the provisions of this ordinance as adopted by this or any other jurisdiction within the Coachella Valley. E. "Communicable disease" shall mean tuberculosis, or any disease, which may be transmitted from a massage therapist to a patron through normal physical contact during the performance of any massage service. F. "Complete application" shall mean an application, which provides all of the requisite information required to be provided by an applicant pursuant to this Chapter. G. "Disqualifying conduct" means any of the following when occurring within five (5) years of any application made pursuant to this Chapter: (a) Pandering as set forth in California Penal Code Section 266i; (b) Keeping or residing in a house of ill -fame as set forth in California Penal Code Section 315; (c) Keeping a house for the purpose of assignation or prostitution, or other disorderly house as set forth in California Penal Code Section 316; 340 Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 3 (d) Prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318; (e) Lewd conduct as set forth in California Penal Code Section 647, subdivision OF (f) Prostitution activities as set forth in California Penal Code Section 647, subdivision (b); (g) Any offense committed in any other state which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in California Penal Code Sections 266(i), 315, 316, 318, or 647, subdivisions (a) or (b); (h) Any felony offense involving the sale of any controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 1 1058; (i) Any offense committed in any other state which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of any controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058; (j) Any misdemeanor or felony offense which relates directly to the practice of massage therapy, whether as a massage therapy business owner or operator, or as a massage therapist; or W Any felony the commission of which occurred on the premises of a massage therapy establishment. H. "Filing date of application"shall mean the date on which the Permit Administrator determines that a complete application pursuant to this Chapter has been submitted to the Permit Administrator by the applicant. I. "Full nudity" or "semi -nudity" shall mean any of the following: (a) the appearance or display of an anus, male or female genital, pubic region, or a female breast below a point immediately above the top of the areola, and/or (b) a state of undress which less than completely and opaquely covers an anus, male or female genital, pubic region or a female breast below a point immediately above the top of the areola. 341 Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 4 J. "Manager" means the individual(s) who are responsible for the management and/or supervision of a massage therapy business. K. "Massage" or "massage therapy" shall mean any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as creams, ointments, or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor. "Massage" and "massage therapy" shall include such manipulation of the body or similar procedures described in this paragraph that are performed in hydrotherapy, spa or similar bath facilities. L. "Massage therapy establishment" shall mean any establishment having a fixed place of business for the purpose of deriving income or compensation from massage therapy services, whether or not massage is performed on the premises. M. "Massage therapist" shall mean an individual who, for any consideration whatsoever, performs or offers to perform a massage. N. "Operator" shall mean any of the following: (a) the owner, (b) the permit holder and applicant(s) therefor, (c) custodian, (d) manager, or (e) person in charge of any massage therapy establishment. 0. "Off -premises massage" shall mean a massage performed at a location that is not a massage therapy establishment for which a permit to operate as a massage therapy establishment has been granted by the City. P. "Patron" shall mean any person who receives a massage in exchange for any form of consideration including, but not limited to, the payment of money. Q. "Permit" shall mean the written license to engage in the practice of massage for compensation as required by the Coachella Valley Model Massage Ordinance. A "Reciprocal Permit" shall mean a permit issued by this jurisdiction based solely on the fact that applicant holds a valid massage therapist permit issued by another jurisdiction pursuant to the Coachella Valley Model Massage Ordinance. An "Original Permit" shall mean a massage therapist permit issued by this jurisdiction without 342 Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 5 regard to whether or not applicant holds a massage therapist permit issued by another jurisdiction. A Massage Establishment Permit shall mean a permit issued to the owner or operator of any massage therapy establishment. The massage establishment permit does not exempt the individual massage therapist, providing massage services at the establishment, from having a separate permit to engage in the practice of massage. R. "Permit Administrator" means the City Manager or his designee, who will be responsible for issuing, revoking and otherwise administering any provision of this Chapter. S. "Permittee" shall mean the person to whom a permit has been issued pursuant to the Coachella Valley Model Massage Ordinance and the applicants therefor. T. "Person" shall mean any of the following: (a) an individual, (b) a proprietorship, (c) a partnership, (d) a corporation, (e) an association, (f) a limited liability company or (f) any other legal entity. U. "Physician's Certificate" shall mean a certified statement from a physician licensed to practice medicine in the United States that provides that the applicant has, within sixty days prior to the filing date of the application, been examined by said physician and it has been determined that the applicant is free of any communicable disease as defined in this Chapter. V. "Recognized School of Massage" shall mean any school or educational institution licensed or approved by the state in which it is located, whose purpose it is to upgrade the professionalism of massage therapists and which teaches the theory, ethics, practice, profession or work of massage and which requires a resident course of study before the student shall be furnished with a diploma or a certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school. W. "Specified anatomical area" shall mean human genitals, pubic region, anus, or a female breast below a point immediately above the top of the areola. X. "Specified sexual activities" shall mean any of the following: (a) the fondling or other erotic touching of human genitals, pubic region, anus, or female breasts, (b) sex acts, normal or perverted, actual or simulated, including, but not limited to, inter- course, oral copulation, masturbation, or sodomy, or (c) excretory functions as part of or in connection with the fondling or other erotic touching of human genitals, pubic 343 Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 6 region, buttocks, anus, or female breasts, sex acts, normal or perverted, actual or simulated, including inter -course, oral copulation, masturbation, or sodomy. 5.32.020 Massage Therapy Permits Required. A. Massage Therapist Permit. Except as expressly provided in this Chapter, only a person holding a current massage therapist permit issued pursuant to this Chapter shall perform or offer to perform massage therapy at a massage therapy establishment located within the City. Nothing herein shall exempt a person from zoning or other applicable requirements set out elsewhere in this Code or in the Zoning Ordinance, and every person shall comply with all such requirements. B. Off -premises Endorsement to Massage Therapist Permit. Except as expressly provided in this Chapter, no person shall perform or offer to perform an off -premises massage unless he or she has a valid massage therapist permit, with an off -premises endorsement, issued to him or her pursuant to the provisions of this Chapter. Nothing herein shall exempt a person from zoning or other applicable requirements set out elsewhere in this Code or in the Zoning Ordinance, and every person shall comply with all such requirements. C. Unless specifically exempted by state law, the fact that a person possesses other types of permits and/or licenses does not exempt him or her from the requirement of obtaining a permit that is required by this Chapter. The permit requirements of this Chapter shall be in addition to the requirement of a business license set out elsewhere in this Code, as well as any other license, permit or fee required by any local, county, state or federal law. 5.32.030 Consent. By applying for a permit under the Coachella Valley Model Massage Ordinance, the applicant shall be deemed to have consented to the provisions of this Chapter and to the exercise thereunder by the Permit Administrator and the City's officials, representatives and employees charged with implementing and/or enforcing the provisions set forth in this Chapter. 5.32.040 Permit Administrator's Responsibilities. The City shall designate a Permit Administrator who shall be responsible for granting or denying all permits described in this Chapter and said permits shall only be granted or denied pursuant to the provisions described herein and all other applicable laws. If no designation is made pursuant to this provision, the City Manager shall be deemed the Permit Administrator. 344 Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 7 Where used herein with respect to the Permit Administrator's responsibilities, words such as "shall" and "must" are not intended by the City to self -impose liability and are instead intended only to be directory. 5.32.050 Reciprocal Massage Therapist Permit Application A. If an applicant holds a current massage therapist permit issued by any other jurisdiction pursuant to the Coachella Valley Model Massage Ordinance, then application for a reciprocal massage therapist permit may be made by submission, to the Permit Administrator, of all of the following: (a) A certified copy of a current massage therapist permit issued, pursuant to the Coachella Valley Model Massage Ordinance, by any other jurisdiction; (b) A certified copy of the original and all renewal applications related to the massage therapist permit issued by the other jurisdiction pursuant to the Coachella Valley Model Massage Ordinance; and (c) A non-refundable application fee of twenty-five dollars ($25.00) to defray the costs of administering this Chapter. B. If the massage therapy permit submitted in support of an application for a Reciprocal Permit includes an off -premises endorsement, the application shall be deemed an application for both a massage therapist permit and an off -premises endorsement and no further documentation, information or fees shall be required in order to apply for an off -premises endorsement to the Reciprocal Permit. 5.32.060 Original Massage Therapist Permit Application If an applicant does not hold a current massage therapist permit issued by another jurisdiction that has adopted the Coachella Valley Model Massage Ordinance, application for issuance of a massage therapist permit by this jurisdiction shall be made, under oath, on the form set out at Appendix A. The following information, documents and other requirements shall be included with the submission of all such applications: A. The applicant's legal name, any aliases and date of birth; 34-) Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 8 B. A certified letter of intent to employ from the operator of a massage therapy establishment lawfully operating within the City. Each such letter shall verify that the operator of the massage therapy establishment has reviewed the applicant's qualifications and that the applicant has met the requirements necessary to perform massage therapy at that facility; C. The applicant's home and business addresses, corresponding telephone numbers, and permanent address and telephone number, if different; D. Written evidence that the applicant is at least eighteen years of age; E. The previous home addresses of applicant for the ten years prior to the filing date of the application and the dates of residency at each such address; F. The names, addresses and descriptions of all current and former businesses owned, operated or managed by applicant for the ten years prior to the filing date of the application and the dates applicant owned, operated or managed each such business; G. Employment history for the ten years prior to the date of application, and all massage or similar business history and experience; H. Two front -face portrait photographs taken within thirty days of the date of application, at least two inches by two inches in size; I. Applicant's weight, height, color of hair and eyes, and sex; J. The applicant's driver's license number or identification number; K. The applicant's fingerprints taken within the previous sixty (60) days by an agency approved by the Permit Administrator; L. The applicant's social security number and/or state or federally issued tax identification number; M. Proof, in the form specified here, that applicant is (i) a graduate of a Recognized School of Massage or (ii) certified by the National Certification Board for Therapeutic Massage and Bodywork. Proof of certification by the National Certification Board for Therapeutic Massage and Bodywork shall be in the form of a certified copy of the therapeutic massage and bodywork credential issued by said Board. Proof of graduation from a Recognized School of Massage shall require both of the following: Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 9 (a) Certified copy of the applicant's diploma or certificate of graduation, or equivalent documentation, establishing that applicant has successfully completed the course of study for competency as a massage therapist offered by the Recognized School of Massage; and (b) Certified transcript from a Recognized School of Massage verifying applicant has successfully completed a course of study requiring at least three hundred (300) hours of massage therapy training. If the application is submitted concurrently with an application for an off -premises endorsement, the minimum hours of training shall be as set out below for an off -premises endorsement application; N. A certified statement from a physician licensed to practice medicine in the United States that provides that the applicant has, within sixty days prior to the filing date of the application, been examined by said physician and it has been determined that the applicant is free of any communicable disease as defined in this Chapter; O. A list of all of applicant's convictions, excluding traffic violations; P. Whether or not the applicant has ever been convicted of any disqualifying conduct; Q. Whether or not the applicant is required to register as a sex offender pursuant to the California Penal Code Section 290; R. Whether or not applicant has had a previous permit, license or other authority for massage services denied, suspended or revoked by any entity. If so, the date, location and reasons for the denial, suspension or revocation; S. Whether or not the applicant has been a sole proprietor, general partner, officer, director, member or employee of any massage therapy business that has had a permit, license or authority to operate a massage business denied, suspended or revoked by any entity. If so, the applicant shall provide the name and location of the massage therapy establishment or business for which the permit was denied, suspended or revoked, the date of the denial, suspension or revocation, and the reason(s) for the denial, suspension or revocation; and T. The applicant shall provide the Permit Administrator with the authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant and whether the applicant is qualified pursuant to this Chapter to receive the requested massage therapist permit. 347 Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 10 U. The applicant shall date and sign the application and declare under penalty of perjury that the information contained in the application is true and correct. V. The applicant shall pay a non-refundable application deposit fee of one hundred and fifty dollars ($150.00) at the time of filing an application to defray the costs of administering this Chapter. 5.32.070 Supplemental Application For Off -Premises Endorsement If an applicant does not hold a current permit with an off -premises endorsement issued by another jurisdiction pursuant to the Coachella Valley Model Massage Ordinance, application for an off -premises endorsement to a massage therapist permit issued by this jurisdiction shall be made, under oath, on the form set out at Appendix B. The following information, documents and other requirements shall be included with the submission of all such applications: A. The applicant's legal name; B. A copy of applicant's massage therapist permit issued pursuant to this Chapter, or Reciprocal Permit, if application therefor is not submitted concurrently; C. Proof, in the form specified here, that applicant is (i) a graduate of a Recognized School of Massage or (ii) certified by the National Certification Board for Therapeutic Massage and Bodywork. Proof of certification by the National Certification Board for Therapeutic Massage and Bodywork shall be in the form of a certified copy of the therapeutic massage and bodywork credential issued by said Board. Proof of graduation from a Recognized School of Massage shall require both of the following: (a) Certified copy of the applicant's diploma or certificate of graduation, or equivalent documentation, establishing that applicant has successfully completed the course of study for competency as a massage therapist offered by the Recognized School of Massage; and (b) Certified transcript from a Recognized School of Massage verifying applicant has successfully completed a course of study requiring at least five hundred (500) hours of massage therapy training.. D. The applicant shall provide the Permit Administrator with the authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant and whether the applicant is qualified pursuant to this Chapter to receive the requested off -premises endorsement. 343 Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 11 E. The applicant shall date and sign the application, declaring under penalty of perjury that the information contained in the application is true and correct. F. The applicant shall pay a non-refundable application deposit fee of fifty dollars ($50.00) at the time of filing an application for an off -premises endorsement to defray the cost of administering this Chapter, which fee shall be in addition to any other permit application fees. 5.32.080 Processing the Application A. All applications shall be submitted to the Permit Administrator. B. Upon receipt of an application and payment of the nonrefundable application deposit fee, the Permit Administrator shall immediately stamp the application as received on that date. Within 30 days thereafter, the Permit Administrator shall notify the applicant if the application is deemed incomplete. Any subsequent submission shall be deemed a new application. C. Upon receipt of a completed application, the Permit Administrator shall cause an investigation to be made by the appropriate individuals or departments as determined by the Permit Administrator to be necessary for review and investigation of the accuracy of the information contained in the application and compliance with all applicable regulations. D. Each department or division to which the application is submitted by the Permit Administrator shall respond in writing to the Permit Administrator. E. The Permit Administrator shall grant or deny an application for an Original Permit within sixty (60) business days of receipt of a complete application. The Permit Administrator shall grant or deny a Reciprocal Permit or a renewal application within thirty (30) calendar days of receipt of a complete application therefor. 5.32.090 Grounds for Denial of Application A. An application for a massage therapy permit shall be denied if the Permit Administrator finds that, in the case of an application for a Reciprocal Permit, the massage therapy permit or off -premises endorsement that the applicant alleges to have been issued by another jurisdiction pursuant to the Coachella Valley Model Massage Ordinance is not valid and/or current. In all other cases, the application shall be denied if the Permit Administrator finds any of the following: 349 Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 12 (a) The applicant is not eighteen years of age or older; (b) The application contains false information; (c) The applicant did not submit either (i) a diploma or certificate of graduation or equivalent documentation from a Recognized School of Massage that verifies that he or she has obtained the requisite number of hours of massage therapy training; or (ii) therapeutic massage and bodywork credentials issued by the National Certification Board for Therapeutic Massage and Bodywork; (d) The applicant has been convicted of disqualifying conduct; (e) The applicant is required by the California Penal Code to register as a sex offender; (f) The applicant has had a massage therapist permit, or a permit or license to operate a massage therapy establishment, denied, revoked or suspended by any entity within five years prior to the date of the application; or (g) The application is incomplete or any required information or document has not been provided with the application. B. If the Permit Administrator denies the application, he or she shall notify the applicant of the denial in writing and state the reason(s) for the denial. C. Any subsequent information submitted to cure the grounds of a denied application shall be treated as a new application. 5.32.100 Issuance of Permit A. The Permit Administrator shall issue the permit if there are no grounds to deny the permit as set forth in this Chapter. B. Except as expressly provided in this Chapter, no person shall perform or offer to perform massage therapy at any location within the City unless said person has first obtained a massage therapist permit issued pursuant to this Chapter. C. Except as to therapists with an off -premises endorsement, the operator of a massage therapy establishment may only offer massage therapy services performed by a massage therapist to whom a massage therapist permit has been issued by the Permit Administrator. 350 Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 13 D. A massage therapist permittee shall not perform or offer to perform massage therapy services at any site other than a lawfully operating massage therapy establishment unless the permittee's massage therapist permit includes an off - premises endorsement. 5.32.110 Temporary Permits A. Upon a finding of good cause therefor, the Permit Administrator may issue a temporary permit to any person who possess a valid permit issued by any other governmental entity pursuant to requirements that are similar to those set out in this Chapter, including the training, physical clearance, fingerprinting and background investigation requirements. B. Application for a temporary permit shall be made by written request that includes a statement, under penalty of perjury, of the justification for a temporary permit. Said request shall be submitted to the Permit Administrator, together with the following: (a) A certified copy of a valid permit issued by any other jurisdiction; (b) A certified copy of the provisions of the ordinance or other local law pursuant to which the permit was issued by said other jurisdiction; (c) Proof of identification; and (d) A non-refundable application deposit fee of twenty-five dollars ($25.00). C. All temporary permits shall automatically expire thirty (30) days after the date of issuance of the subject temporary permit. The Permit Administrator shall have the discretion to extend the term of any temporary permit an additional thirty (30) days provided that the entire term of the subject temporary permit does not exceed a total period of ninety (90) days. D. The Permit Administrator may condition the issuance of a temporary permit on any additional requirements that he or she deems necessary to assure the purpose and policy of this Chapter is met. 351 Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 14 5.32.120 Keeping Application and Ordinance Current A. During the effective duration of the permit, the permittee shall promptly update, correct or supplement the information contained in the application therefor on file with the Permit Administrator when necessary to keep the information contained therein current and accurate. B. Where reference is made herein to any statute or other law, said reference shall include any subsequent amendment or superseding provision thereto. C. The fees and fines and other sums set forth in this Chapter shall be in effect until the City Council or, if authority hereunder has been delegated to another agency, the governing body thereof, shall, by resolution, fix some other rate based upon a cost factor. 5.32.130 Renewal of Permit A. All permits shall expire one year from the date they are issued, except that an off - premises endorsement shall expire concurrently with the corresponding massage therapist permit. B. Applications for renewal of a permit shall be made thirty (30) calendar days prior to the expiration date of the permit. As necessary to update the information contained within the last application or renewal thereof, application for renewal shall be in the same manner as the original application. However, to the extent that the information previously submitted to the Permit Administrator remains current, a statement to that effect shall be sufficient and no further information or documentation shall be required except as follows: (a) Renewal of a Reciprocal Permit: i. Where the applicant seeks to renew a Reciprocal Permit, application for renewal shall include evidence that the underlying massage therapist permit has been renewed by the issuing jurisdiction and that it remains valid and current. ii. For renewal of a Reciprocal Permit, permittee shall pay a non- refundable renewal application deposit fee of ten dollars ($10.00) to help defray the expense of administering this Chapter. 352 Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 15 iii. A Reciprocal Permit shall not be renewed if the underlying massage therapist permit has expired and has not been renewed, or the underlying permit has been revoked, or is otherwise no longer valid. If renewal of a Reciprocal Permit is denied because the underlying permit is no longer valid, permittee shall submit a complete, original application and comply with all submission requirements set out above for application for an original massage therapist permit. All such applications shall include an explanation of the reason that the Reciprocal Permit is no longer valid. (b) Renewal of Original Permits: i. For renewal of an original massage therapist permit, permittee shall include a current Physician's Certificate, as described above, with his or her renewal application. ii. For renewal of an original massage therapist permit, permittee shall also pay a non-refundable renewal application deposit fee of one hundred dollars ($100.00) at the time of filing the renewal application to help defray the expense of administering this Chapter. 5.32.140 Therapist's Dress and Identification A. During all times that he or she is performing or offering to perform massage therapy services, every massage therapist shall wear a badge that identifies his or her first or last name. Upon receipt of a request or complaint by a patron, the massage therapist shall advise the patron of the full name of the massage therapy establishment through which the massage therapy services were arranged, and the identity of the Permit Administrator through whom the therapist was issued his or her qualifying massage therapist permit. B. All massage therapists shall have in their possession a valid permit issued pursuant to the Coachella Valley Model Massage Ordinance as well as valid identification at all times that he or she is performing or offering to perform massage therapy services within the City. C. All massage therapists shall wear non -transparent outer garments covering all specified anatomical areas while performing or offering to perform any massage therapy services. 353 Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 16 5.32.150 Other Prohibited Activities A. It is unlawful for any massage therapist, any patron, or any other person present where massage therapy services are being offered or performed, to expose or touch any specified anatomical areas, whether his or her own, or those of another person. B. It is unlawful for any massage therapist, any patron, or any other person present where massage therapy services are being offered or performed, to be in a state of full nudity or semi -nudity. C. It is unlawful for any massage therapist, any patron, or any other person present where massage therapy services are being offered or performed, to engage in any specified sexual activities. D. No person shall provide or offer to provide any massage therapy services to a minor unless written permission is provided by the minor's parent or legal guardian. E. No permittee shall provide or offer to provide massage therapy services under any name not specified in the qualifying permit. F. No permittee shall provide or offer any alcoholic beverage to a patron during the course of providing or offering to provide any massage therapy service. G. No permittee shall transfer or assign any permit issued pursuant to this Chapter to another person or entity. Any attempted transfer shall result in the automatic termination of said permit. 5.32.160 Permits Issued Pursuant to Superceded Ordinance Provided the massage therapist held a permit validly issued by the City prior to the effective date of this ordinance, and was in compliance with all requirements of the City with respect thereto, said permit holders shall have until the expiration date of said permit, or one year from the effective date of this Chapter, whichever date is earlier, to obtain a permit issued pursuant to the provisions of this Chapter. 5.32.170 Suspension and Revocation of Permit A massage therapist permit and any off -premises endorsement issued pursuant to the Coachella Valley Model Massage Ordinance, or any predecessor ordinance, shall be revoked by the Permit Administrator whom has issued the permit if he or she receives 354 Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 17 notice that, after administrative proceedings conducted in conformity with the City's Municipal Code, the City has made any of the following findings or determinations with respect to the permittee: A. The massage therapy business or service is conducted in a manner that does not comply with all applicable laws, including but not limited to this Chapter and the City's building, zoning and health regulations. B. The holder of the permit is convicted of any disqualifying conduct or is required to register as a sex offender as set forth in California Penal Code Section 290; C. The permittee fails to notify the Permit Administrator of any update to the information contained in the application that is required to keep the information current; D. Information contained in the approved application is inaccurate; E. Any patron of the permittee contracts any communicable disease during the course of any services offered by the permittee; F. The holder of the permit, or any applicant therefor, refuses to allow representatives of the City or Permit Administrator to inspect business records of the permittee, or any premises utilized by the permittee for massage therapy services; G. The permittee fails to comply with any of the provisions of this Chapter; or H. The holder of the permit has ceased to meet any of the requirements for issuance of the permit. 5.32.180 Appeals A. Any person aggrieved by a decision of the Permit Administrator may file an appeal to the City Council that conforms to the following requirements: (a) All appeals shall be in writing and shall contain the following information: (a) name(s) of the person filing the appeal ("appellants"), (b) a brief statement in ordinary and concise language of the grounds for the appeal; and (c) the signatures of all parties named as appellants and their mailing addresses. 355 Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 18 (b) A filing fee for an appeal of $100, or other amount as established from time to time by City Council resolution, must be paid to the City at or prior to the time of the filing of the appeal. Y (c) Any appeal filed that fails to provide all of the information required by this Section and the appropriate filing fee shall be deemed incomplete. (d) A complete and proper appeal of the denial of a permit application shall be filed with the City Clerk within ten (10) calendar days of service of the letter denying the application or within ten (10) calendar days of any other action that is the subject of appeal. B. After receiving the written appeal, the City Clerk shall schedule a public hearing before the City Council at the next regularly scheduled City Council meeting for which there is sufficient time to have the matter properly noticed. C. The decision of the City Council shall be final. 5.32.190 Other Remedies A. Any violation of the provisions of this Chapter is unlawful and a public nuisance, subject to abatement, removal or enjoinment thereof in the manner provided by law. B. Any violation of the provisions of this Chapter shall constitute an infraction violation and the violator shall be subject to the imposition of criminal penalties and civil fines. For each separate violation of any provision of this Chapter, the person convicted of such infraction shall be subject to the following fines for each separate violation: (a) a fine in an amount not to exceed two hundred fifty dollars ($250.00) for a first conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars ($500.00) for a second conviction of the same offense within a twelve (12) month period from the date of the first offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars ($750.00) for a third conviction of the same offense within a twelve (12) month period from the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a twelve (12) month period of the date from the first offense shall be one thousand dollars ($1,000.00) . C. In lieu of issuing an infraction citation, the City may issue an administrative citation, and/or assess an administrative fine consistent with the infraction civil fines set out above, pursuant to any other ordinance within its municipal code. 356 Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 19 D. Nothing in this section shall preclude the City from issuing an infraction or misdemeanor citation upon the occurrence of the same subject offense on a separate day. E. The remedies provided herein are not to be construed as exclusive remedies and, in the event of violation, the City may pursue any proceedings or remedies otherwise provided by law. 5.32.200 Exemptions The provisions of this Chapter shall not apply to any of the following_ A. Any physician, surgeon, chiropractor, osteopath, or acupuncturist duly licensed to practice their respective professions in the state of California, or any nurse or physical therapist working under the supervision thereof, when engaging in any massage therapy practice or activity within the scope of said license. Practical nurses or other persons without qualifications as massage therapists or other persons not duly licensed by the state of California to practice pursuant to the Medical Practice Act, whether or not employed by a physician, surgeon, chiropractor, osteopath, or acupuncturist, may not perform or offer to perform massage therapy without first obtaining a massage therapist permit pursuant to the provisions of this Chapter. B. Any treatment administered in good faith in any course of the practice of any healing art or profession by any person licensed to practice any such art or profession under the Business and Professions Code of the state of California or any other laws of the state of California. C. Barbers, beauticians, manicurists, and pedicurists who are duly licensed under the laws of the state of California, except that this exemption shall apply solely to the massaging of the scalp, face, neck, arms, hands, or feet of the customer or client for cosmetic or beautifying purposes. 5.32.210 Transfer of Permit No massage therapist permit or off -premises endorsement shall be transferable and any attempted transfer shall render the permit null and void. 5.32.220 Massage Therapy Establishment Regulations. No person shall own or operate a massage therapy establishment without first obtaining a massage establishment permit. 357 Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 20 In order to obtain and maintain a massage therapy establishment permit, an inspection by the City must reveal that the establishment complies with each of the following requirements: J. A separate wash basin shall be provided for each portion of a massage therapy establishment wherein massage services are performed for the individual use of each person performing massage services. The basin shall be provided with soap and hot and cold running water at all times and shall be located within, or as close as practicable, to the area devoted to the performing of massage services. In addition, there shall be provided at each wash basin, sanitary towels placed in permanently installed dispensers. K. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use. L. Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted. M. It shall be the responsibility of the holder of the massage establishment permit or the employer of any persons purporting to act as massage therapists, to insure that each person employed as a massage therapist has first obtained a valid permit pursuant to this Chapter. 5.32.230 Massage Establishment Permits. A. Any person desiring to obtain a permit to operate a massage therapy establishment shall make application to the Permit Administrator for an investigation. Each application shall be accompanied by a fee in such amount as may have been established by resolution of the City Council to defray the expense of investigation and processing. B. The Director of Building and Safety or his designee shall inspect the premises proposed to be devoted to the massage therapy establishment and shall make a recommendation to the Permit Administrator concerning compliance with the provisions within this Chapter. 358 Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 21 C. The Permit Administrator shall grant a permit to the establishment if all requirements for a massage therapy establishment described in this chapter are met. D. All permits issued under this chapter are nontransferable. A change of location of a massage therapy establishment will require a new massage establishment permit. E. Every person, association, firm or corporation to whom or for which a massage establishment permit has been granted shall display the permit in a conspicuous place so that it may be readily seen by persons entering the premises where the massage, bath, or treatment is given. F. The Director of Building and Safety, fire department, and police department may, from time to time make an inspection of each massage therapy establishment in the City for the purpose of determining that the provisions of this Code are met. G. Any such sale or transfer of any interests in an existing massage therapy establishment or any application for an extension or expansion of the building or other place of business of the massage therapy establishment, shall require inspection and shall require compliance with this chapter. 5.32.240 Revocation and Suspension of Permits Issued Under Prior Chapter 5.32 The following provisions shall apply to massage therapists permits issued prior to October 19, 2001 and to all massage establishment permits regardless of date of issuance: A. A permit issued under authority of this Chapter may be suspended for violation of any of its provisions or for fraud or misrepresentation in the permit application, but no permit shall be revoked until after a hearing has been held before the City Manager or his designee, to determine just cause for the revocation; provided however the Chief of Police may order any permits suspended pending the hearing, and it is unlawful for any person to carry on the business of a massage technician or to operate a massage therapy establishment depending upon the particular type of permit which has been suspended until the suspended permit has be reinstated by the City Manager. Notice of the hearing shall be given in writing and served at least five days prior to the date of the hearing thereon. The notice shall state the ground of the complaint against the holder of the permit, or against the business carried on by the permittee at the massage establishment, and shall state the time and place where the hearing will be had following the five day notice period. 359 Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 22 B. The notice shall be served upon the permit holder by delivering it to the person or by leaving the notice at the place of business or residence of the permit holder in the custody of a person of suitable age and discretion. In the event the permit holder cannot be found, and the service of notice cannot be made in the manner provided in this section, a copy of the notice shall be mailed, postage fully prepaid, addressed to the permit holder at his place of business or residence at least five days prior to the date of the hearing. 5.32.250 Violation and Penalty for Permits Issued Under Prior Chapter 5.32 The following provisions shall apply to massage therapist permits issued prior to October 19, 2001 and to all massage establishment permits regardless of date of issuance: A. Every person, except those persons which are specifically exempted by this Chapter, whether acting as an individual, owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee or operator, or whether acting as a participant or worker in anyway, who gives massages or conducts a massage therapy establishment or room, or who gives or administers or who practices the giving or administering of steam baths, electric light baths, electric tub baths, shower baths, sponge baths vapor baths, fomentation, sun baths, mineral baths alcohol rubs, Russian, Swedish, or Turkish baths, or any other type of baths, salt flows or any type of therapy or who does or practices any of the other things or acts mentioned in this chapter without first obtaining a permit to do so from the City or violates any provision of this chapter shall be guilty of a misdemeanor. B. Any owner, operator, manager, or permittee in charge or in control of a massage therapy establishment who knowingly employs a person performing as a massage technician as defined in this chapter who is not in possession of a valid permit or who allows such an employee to perform, operate or practice within such a place of business is guilty of a misdemeanor. C. Any massage therapy establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be and is declared to be unlawful and a public nuisance and the city attorney may, in addition to or in lieu of prosecuting a criminal action under this chapter, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law; and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove the massage establishments and restrain and enjoin any person from operating, conducting or maintaining a massage therapy establishment contrary to the provisions of this chapter. 360 Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 23 5.32.260 Severability If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, subsection and clauses shall not be affected thereby. SECTION V. EFFECTIVE DATE This ordinance shall be in full force and effect thirty days after its adoption. SECTION VI. POSTING The City Clerk shall within 15 days after the passage of this ordinance, cause this ordinance to be posted in at least three (3) public places designated by resolution of the City Council; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED this 18th day of September, 2001 by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PEIVA, Mayor City of La Quinta, California 361 Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 24 ATTEST: JUNE S. GREEK, CIVIC, City Clerk City of Indio, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Ordinance No. 359 Massage Ordinance Municipal Code / Chapter 5.32 September 18, 2001 Page 25 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 359 which was introduced at a regular meeting on the 21 ST day of August, 2001, and was adopted at a regular meeting held on the 18t" day of September, 2001, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California 363 BUSINESS SESSION ITEM: & ORDINANCE NO. 360 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING CHAPTER 11.44 SECTION 11.44.060 OF THE LA QUINTA MUNICIPAL CODE (PARKS AND RECREATION AREAS) RELATIVE TO THE USE OF BARBEQUES AT PUBLIC FACILITIES THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION I. That Chapter 1 1.44, Section 1 1.44.060 (H), (J) and (K) of the La Quinta Municipal Code is hereby amended to read as follows: 1 1 .44.060 (H): Make or kindle a fire except as provided in paragraph K; 1 1 .44.060 (J): Bring a portable grill, stove or barbeque into the area; 11.44.060 (K): Utilize anything other than the City -provided, permanent equipment to cook or barbeque food; SECTION II. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION III. POSTING: The City Clerk shall within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED this 18th day of September, 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 364 Ordinance No. 360 Barbeques / Parks & Recreation Areas September 18, 2001 Page 2 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 365 Ordinance No. 360 Barbeques / Parks & Recreation Areas September 18, 2001 Page 3 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QU I NTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 360 which was introduced at a regular meeting on the 21 IT day of August, 2001, and was adopted at a regular meeting held on the 18th day of September, 2001, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California 366 COUNCIL/RDA MEETING DATE: September 18, 2001 Consideration of a Correction to Ordinance 361, Section 9.200.1 10(D)-Noticing Requirements RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a correction to Section 9.200.1 10(D) of Ordinance 361 to correct a clerical error. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council, at its August 7, 2001 meeting, approved Ordinance No. 361 on first reading. A clerical error occurred in the drafting of the revision to Section 9.200.110(D) Noticing Requirements. The language that was contained in the Ordinance presented to the Planning Commission and City Council in first reading was not the language suggested by the City Attorney. Approved: Section 9.200.1 10 D. - Noticing Requirements. The lead agency shall provide a review period of not less than 20 calendar days Not less than 20 ealen days prior to the heari for projects requiring an environmental assessment. The lead agency shall provide a review period of not less than 10 calendar days Not less than 1 E) calendar d to the hearing, for projects not requiring environmental review. The City shall: G:\WPDOCS\ccjhMunciAmd.wpd 367 The City Attorney has proposed the following language: Revise: Section 9.200.1 10(D).-Noticing Requirements. Not less than ten (10) days prior to hearing. The City shall: Staff is requesting the Council approve this language on Second Reading. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the correction to Section 9.200.1 10(D) of Ordinance 361; or 2. Do not approve the correction to Section 9.200.1 10(D) of Ordinance 361; or 3. Refer the matter to the Planning Commission for further consideration; or 4. Continue the request and provide staff with alternative direction. Respectfully submitted, Kr ry HArnan ommunity Development Director Approved for submission by: Thomas P. Genovese, City Manager G AWPDOCS\ccjhMunciAmd.wpd 368 y s ORDINANCE NO. 361 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO TITLE 9 (ZONING CODE) AND TITLE 13 (SUBDIVISION REGULATIONS) OF THE MUNICIPAL CODE. ZONING CODE AMENDMENT 2001-070 CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 21 ' day of August, 2001, hold a duly noticed Public Hearing to consider a Zoning Code Amendment regarding revisions to Title 9 (Zoning Code) and Title 13 (Subdivision Regulations); and WHEREAS, the Planning Commission of the City of La Quinta, California did on the 24t" day of July, 2001, hold a duly noticed Public Hearing to consider revision to Municipal Code Title 9 (Zoning Code) and Title 13 (Subdivision Regulations) within the City of La Quinta; and, WHEREAS, said request has complied with the requirements of the 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 project could not have any significant adverse effect on the physical environment; therefore, the project is exempt pursuant to CEQA Guidelines Section 15061(b) (3); and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested person desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify the recommendation for approval of said Zoning Code Amendment. 1 . The proposed revisions will not adversely affect the planned development of the City as specified by the General Plan for the City of La Quinta because the regulations provide requirements which work in concert with and enhance the community. 2. The proposed Amendment would not be detrimental to the health, safety, and welfare of the City in that they are only procedural changes. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: 369 Ordinance No. 361 Zoning Code 2001-070 Adopted: September 18, 2001 Page 2 SECTION 1. Title 9 (Zoning Code) and Title 13 (Subdivision Regulations) of the La Quinta Municipal Code are hereby amended for the reasons set forth in this Ordinance and as setforth in Exhibit "A" attached hereto. SECTION 2. ENVIRONMENTAL. Said Zoning Ordinance Amendment request has been determined to be exempt from the California Environmental Quality Act pursuant to Section 15061. 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 18th day of September, 2001, by the following vote: 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) 370 Ordinance No. 361 Zoning Code 2001-070 Adopted: September 18, 2001 Page 3 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 371 r, 1 C Ordinance No. 361 Zoning Code 2001-070 Adopted: September 18, 2001 Page 4 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 361 which was introduced at a regular meeting on the 21 IT day of August, 2001, and was adopted at a regular meeting held on the 18th day of September, 2001, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California 9 37 ORDINANCE NO. 361 EXHIBIT "A" CODE AMENDMENTS - PROPOSED ZONING CODE AMENDMENT 2001-070 AUGUST 21, 2001 REVISE - Section 9.50.090 A.0 ) 1. Design Proeedures., As a part of the Building and Safety Department plan check for residences in the RC zone district, the Community Development Department shall review the submitted plans and visit proposed site to ensure that the architectural features of the front elevation of the proposed residence has design features that vary from other residences within two hundred feet on the same street, and cross street if the lot is on a corner. Sectioni.- Residential_ i Applie.otnon Preeedures. DELETE- New Section 9.50.090 B. eonditiLinal Use Permit Procedure for d for variations of developme it standards puisuant to Sectioln 70 (13)(4) for affordable housing units produced in compliance with housing . . . OWN - - - - - - - - - - 3 7" 3 SACity Clerk\Ordinances\zca 2001-070 exh A.wpFage I Of 9 ORDINANCE NO. 361 CODE AMENDMENTS - PROPOSED ZONING CODE AMENDMENT 2001-070 AUGUST 21, 2001 EXHIBIT "A" 1 MI6 M Its ADD - SECTION 9.60.030 C.4. - Adjacent to a nonresidential zone or use. The maximum fence height between a residential zone or use and a nonresidential zone or use shall be eight feet. REVISE - SECTION 9.60.030 C.1 .c. - Arches or trellises up to nine eight feet in overall height and five feet interior width may be constructed over a gate on a lot provided the arch/trellis is integrated into the fence/gate design. ADD - SECTION 9.60.045 - Barbeques, waterfalls, fountains, fireplaces and similar structures. A. Applicability. Permanently installed freestanding barbeques, waterfalls, fountains, fireplaces and similar structures such as permanently installed tables and benches, etc., may be constructed on a residential lot containing a primary residence. B. Standards. Freestanding barbeque, waterfalls, fountains, and fireplaces shall comply with the following requirements. 1. Said construction of structures, except freestanding fireplaces, are allowed within the required front, side, or rear setbacks, including adjacent to a property line. In side yard areas, a single clear passageway of five feet wide shall be provided. 2. Allowed construction of structures shall not be attached to property line walls or fences, and shall meet all required distance clearances (i.e., for barbeques, fireplaces). 3. Within five feet of any property line, the height of the feature or construction shall not exceed the height of the closest wall or fence. If no wall or fence exists, the construction or feature shall not exceed the height of the wall allowed along the property line in question. 374 Page 2 of 9 - ORDINANCE NO. 361 CODE AMENDMENTS - PROPOSED ZONING CODE AMENDMENT 2001-070 AUGUST 21, 2001 EXHIBIT "A" 4. Outdoor fireplaces shall not be closer than five feet from a property line, except when adjacent to permanent open space such as a golf course, common landscape or hardscape area, drainage channel, etc., in which case it may be within three feet of the property line. The height of the chimney may be up to six feet unless required to be higher to comply with building code requirements. In such cases, the height shall not be higher than the minimum height required. REVISE - SECTION 9.60.070 B.2. Filtering and Heating equipment. Use of equipment shall comply with the following requirements: a. Mechanical pool equipment such as a pump, filter, or heater, may be located within the required front or rear yard setback areas. The equipment shall be enclosed on at least three sides by a masonry wall with an open side not visible to the street. with the exception of a roof. b. Mechanical pool equipment may be in an area between the side property line and the residence provided a five-foot side yard, clear of any permanent obstructions is maintained between the side yard property line and any mechanical pool equipment. side yard, elear of any permanent obstructions she" be maintain -between the side property 'one and the building. Pee' equipment that can be aceornmodated in th, IJ %-A I %., 1-4 , ,he" be enclosed, with the determine of this provides effective vnise and vibruotion attentiation. C. Where there is no side property line wall, mechanical pool equipment may be in a side yard of five feet or less only if a recorded easement in perpetuity exists for the subject property to use the adjacent side yard of the abutting property for access and a minimum five feet distance between the equipment and adjacent obstruction (i.e. building wall) is provided. Equipment shall be screened f i frorn the street when On the front yard. In addition, equipment she" be screened frorn ground view -of surrounding properties. • - - vistial - - _ _ - cons st of perimeter Walls or fencing (of perrmitted), screen walls, or landscape planting. equipment 1 1 following requirements: Page 3 of 9 ` ORDINANCE NO. 361 CODE AMENDMENTS - PROPOSED ZONING CODE AMENDMENT 2001-070 AUGUST 21, 2001 EXHIBIT "A" ADD - SECTION 9.60.075 GROUND MOUNTED MECHANICAL EQUIPMENT. Use of equipment shall comply with the following requirements: a. Ground mounted mechanical equipment such as air conditioner condensing units, water softeners, etc. may be located within the rear yard areas. For lots of 5,000 square feet or less, said equipment can be in front yard if there is a wall around the yard or it is screened by a masonry wall. b. Where there is no side property line wall, mechanical equipment may be in an area between the side property line and the residence provided a five-foot side yard, clear of any permanent obstructions is maintained between the side yard property line and any mechanical equipment. C. Mechanical equipment may be in a side yard of five feet or less only if a recorded easement in perpetuity exists for the subject property to use the adjacent side yard of the abutting property for access and a minimum five feet distance between the equipment and adjacent obstruction (i.e. building wall) is provided. ADD - SECTION 9.60.160 OUTDOOR LIGHTING 3. All exterior lighting shall be located and directed so as not to shine directly on adjacent properties and shall comply with Section 9.100.150 (Outdoor Lighting). REVISE - SECTION 9.60.240 E.1 . - boundaraes shall comply with Section 9.60.030 (fences and wal's). At intersections or corners of the following public or private streets, alleys, or driveways, the height of shrubs, planting, and other visual obstructions (such as boulders, etc.) shall be limited to a maximum height of 30 inches within the following triangular areas described in subsections i. and ii.: i. At a corner, the area formed on two sides by the straight portions of the intersection of the back of street curb or edge of pavement. The third side of the triangle is formed by drawing a line that is tangent to the intersection of the two closest property lines and creates a triangle of approximately equal length sides with the curbs or edge of pavement. ii. Between two points located on and five feet distant from 3�6 Page 4of9 _10 ORDINANCE NO. 361 CODE AMENDMENTS - PROPOSED ZONING CODE AMENDMENT 2001-070 AUGUST 21, 2001 EXHIBIT "A" the point of intersection of an ultimate street or alley right- of-way on one hand and the edge of a driveway or another alley right-of-way on the other if parkway width is less than 12-feet wide. iii. For purposes of this Code, point of intersection shall mean the intersection of the prolongation of the street curbs or edge of pavement, excluding any curved portion joining the two lines. iv. Trees may be planted within this triangular area provided the bottom of the canopy (leafy branches) of the tree is at least four feet above finish grade of the street adjacent to the tree. However, trees shall not be planted in such numbers that their trunks create a visibility obstruction for vehicles or pedestrians. REVISE - SECTION 9.60.250 E. - Requirements for approval. Any approving action shall include those conditions and requirements deemed by the decision - making authority to be necessary or advisable to protect the public safety and the general welfare, together with a $1000.00 cash deposit guarantees (bonds, 'otters of credit, eteJ that the structures and facilities will be removed or made consistent with applicable zoning regulations within 90 days after the expiration of the permit or discontinuation of the use the permit is approved for. REVISE - SECTION 9.60.300 1.1. A two-story house shall not be constructed adjacent to or abutting a lot line of an existing single -story home constructed in the same subdivision. unless proof can provided show 0 ng that a two-story unit was proposed for the lot by the prior builder. REVISE - SECTION 9.65.030(A) 1. Setbacks. Setback criteria shall be determined based on the existing site conditions and surroundings, in conjunction with the guidelines and the proposed project characteristics. a. Along La Fonda and efille Estado, between Avenida Bermudas and i* nes fronting on those streets and at their i rseetions, to allow for pedestrian access. a. Setbacks along front, side and rear property lines are not required; however, any setback provided must be made wide or deep enough to be usable space, such as for pedestrian access to side -loading commercial 37 space, stairwells, or through -access between front and rear of the f Page 5 of 9 ORDINANCE NO. 361 EXHIBIT "A" CODE AMENDMENTS - PROPOSED ZONING CODE AMENDMENT 2001-070 AUGUST 21, 2001 building(s). e . Arcades, trellises, W and surn"ar architectural treatments are exempt frorn setback r hmts, but must be designed to accentuate d . Upper floors of buildings shall be designed to be set behind the M mmediately lower floo,r, to achieve a terraced effect. This reduces the appearance of mass to the structure, 8"ovvs for tipper floor outdoor area� and walkways, and enhances pedestrian seale. b. Projects with any retail commercial components shall maintain a minimum ten -foot landscaped setback from any RVL, RL or RMH zoned properties. c. No utility equipment shall be allowed above ground in the right-of- way. Such equipment shall be integrated into the footprint of the proposed building. REVISE - SECTION 9.65.030 (A) 3. Parking. Parking area requirements for permitted uses shall be determined by staff as set forth in Chapter 9.150 of the zoning code, with the following consideration: a. All current parking regulations shall be applicable, such as required number of stalls, space and aisle dimensions, location of parking areas, etc. However, in the VC zoning district, variations to any parking standards can be approved. ability to provide off -sate parking potentially ineludang payment of fps . REVISE - SECTION 9.65.040 D. Village Use Permit Requirements. All new development proposals in the Village Commercial District shall be required to file an application for a village use permit. A new development proposal is defined as any of the following: new building construction proposed for vacant property or associated with demolition and reconstruction of an existing building. Village use permits shall be subject to review by the planning commission as a public hearing. 2. Any ehange of use exceeding fifty percent or more of the buildi floor area of the oroeigna"Y Permitted use; and �1�flR�f��l��►�1l�IRAI�.Al�l��.�f.�[►l�l�l�l•il�lll�Il�l�l.��l� ■►�l�Jtal�� E. Any development proposal in the VC zoning district without prior Village Use Permit approval determined as not meeting the criteria in 3 Page 6 of 9 12 ORDINANCE NO. 361 CODE AMENDMENTS - PROPOSED ZONING CODE AMENDMENT 2001-070 AUGUST 21, 2001 EXHIBIT "A" subsection D of this section shall be subject to review by the Community Development Director . 1 . Minor deviations may be approved by the cornmunity developmen-t department with no public he i � other formal review process. A . - 11evoat"On is any proposal not meeting the criteria On subsection E) of this section, which constitutes a change of less than five percent of any approved or existing building area; columns, dormer vents, vvindow size changes, plant -on locations, color and stucco texture changes. 2. Major deviations are subject to review and approval by the planning . ssion. A major deviation is any proposal not rneeteng the criteria n Subsection E) of this section, which constmttites a change of five percent to twenty-five percent for any approved or existing building area-, any exterior arehiteetural modificateen not determined to be a rni 3. P I J 'eveataons sha" be processed tinder the site development permit process, as set forth under Section 9.2!E).E)!E)-. 1. Administrative approval may be given by the Community Development Department for any building additions and/or exterior building, architectural design and site modifications that are determined by the Community Development Director to implement the concepts set forth in the Village at La Quinta Design Guidelines . The Community Development Director may refer the project to the Planning Commission. 2. Additions and exterior building and site modifications that do not fall under subsection 1 above shall be approved the Planning Commission as a public hearing under the Village Use Permit process. REVISE - SECTION 9.65.040 E-. G. Appeals, Amendments and Time Extensions. Appeals, amendments and time extensions relating to Village use permits shall be reviewed pursuant to Chapter 9.200 of this title... 373 Page 7 of 9 1 ORDINANCE NO. 361 CODE AMENDMENTS - PROPOSED ZONING CODE AMENDMENT 2001-070 AUGUST 21, 2001 DELETE- SEe:F'E)N 9.100.150Prohibited translucent ground or wall mounted a : - : : i : REVISE - Table 9-1 1 of Section 9.150.060 - EXHIBIT "A" Table 9-1 1 Parking for Residential Land Uses Land Use Minimum Off -Street Additional Requirement Parking Requirement Single family detached, single family attached and duplexes, three bedroorns or 'on. Above hornes wath fout or more bedroo Sarno as above btit with three spaces per unit garage. For additions bedroorns to four or more, third ear garage not required provided addition does niot ie Value of house by 5096 or more as determined by DireetortO Building and Safety. Existing lots of 6,E)E)E) square feet or less and affordable housing, this Same as above. REVISE - Section 9.150.080 B.7. - Space Marking. All parking spaces in a residential or nonresidential parking lot shall be clearly marked with white or yellow paint or other easily distinguished material with each space marking consisting of a double four inch wide hairpin stripe, twelve inches on -center. wide single or double ("hairpin" style) stripe. ADD - SECTION 9.160.100 Prohibited Signs. �14 Page 8 of 9 ORDINANCE NO. 361 CODE AMENDMENTS - PROPOSED ZONING CODE AMENDMENT 2001-070 AUGUST 21, 2001 EXHIBIT "A" 24. Translucent or transparent signs on internally illuminated awnings so that they allow light to shine through the letters of the copy. REVISE - Section 9.200.1 10 D. - Noticing Requirements. The lead agency shall provide a review period of not less than 20 calendar days Not less than 2E) calender days prior to the heari��, for projects requiring an environmental assessment. The lead agency shall provide a review period of not less than 10 calendar days Not less then 1 E) calendar day's prior to the hearing, for projects not requiring environmental review. The City shall: Recordationof eanditionsof Approval. days of the approval of a tentative traet map, the eity elerk shall submit the conditions of approval of the map to the Riverside eounty recorder for recordation against the property to which they appl-r-- 3 8 1- #1; p:\stan\zca 9.200.1 10 D.wpd Page 9 of 9 Qum AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 18, 2001 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Discussion of Placing a Special Tax for Public Safety Enhancements on the March 5, 2002 Ballot RECOMMENDATION: PUBLIC HEARING: Provide staff with direction regarding the fire and police components of the proposed taxes and direct staff to finalize the tax formula to be formally considered on October 16, 2001 report for the purpose of placing a public safety special tax initiative on the March 5, 2002 ballot. Provide staff with direction regarding desired levels of expenditures for public education and community outreach related to the proposed special tax. Provide staff with direction regarding the formation of a citizen's advisory committee including membership and functions. FISCAL IMPLICATIONS: Costs Associated With Placing a Special Tax Initiative on the Ballot Costs for MuniFinancial to develop the tax formula and manage the implementation of a public safety tax are estimated at $15,000. Costs associated with the County election services are estimated at $6,000. Costs associated with a public education and community outreach program depend on the materials and services provided. Staff is proposing a budget of $26,000. Legal Costs associated with placing a Special Tax on the ballot are estimated at $ 3, 000. Total costs associated with placing a Special Tax on the March ballot are estimated at $ 50, 000. Since these are not budgeted items, funds would have to be appropriated from the General Fund Emergency Reserve. 382 Fire Component Based on the preliminary report, if the Special Tax is passed by two thirds of the March voters, which taxes single family residential units at $72.40 and multi -family residential at $24.62 a unit (commercial would also be taxed but those rates have not been determined in the preliminary report), it would generate approximately $1.4 million in the first tax year. These funds would be used for operations only. Construction funding for the third fire station would be obtained from other sources (staff will be presenting an amended Developer Impact Fee with a fire station component in the near future for City Council consideration). A 3% inflation factor would be included in the language of the proposed tax for subsequent years. Police Component Based on the preliminary report, if the Special Tax is passed by two thirds of the March voters, it would tax residential units at $134.44 (commercial would also be taxed but those rates have not been determined in the preliminary report), and would generate approximately $1.6 million in the first tax year. A 3% inflation factor would be included in the language of the proposed tax for subsequent years. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the July 3, 2001 City Council meeting, there was a discussion regarding possible funding sources for public safety enhancements. The minutes from that meeting are included as Attachment 1. Staff was requested to report back to the City Council regarding the possibility of placing a special tax on the March 5, 2002 ballot. The initiative would require two thirds of the voters in the election to support the special tax in order for it to pass. Staff was also directed to develop preliminary dollar estimates for the parcel tax. Fire Component In response to the above, staff requested MuniFinancial to prepare preliminary estimates on the amount of tax necessary per residential parcel, to generate approximately $1.4 million annually for fire services. The $1.4 million represents the difference between the currently available funding (generated by Structural Fire Taxes and Redevelopment Pass Through funds), and the costs to staff three fire stations with three persons* on the engine, and one City-wide paramedic squad. (Currently the City only has two fire stations with two persons on the engines and no paramedic service other than that provided by AMR). 383 *The third person will also be a firefighter/paramedic A summary of the projected operational costs for the enhanced services and the funding available (before a special tax) for Fiscal Years 2002/03 through 2005/06 is provided as Attachment 2. Staff is currently having discussions with the County with regards to sharing some of the costs to operate the City's new third station, since the station will have first response duties into the Bermuda Dunes area if the County does not re -open Station 31. Staff has also initiated discussions with neighboring cities and the County regarding the possibility of sharing the costs of a ladder truck company to be located somewhere in the eastern part of the Valley. These discussions are at the preliminary stages and the possible financial impact has not been incorporated into the current estimates, although it is not anticipated that the outcome of the discussions would increase or decrease the preliminary parcel tax by more than 10%. Staff will continue with these discussions and incorporate fiscal impact into the final Public Safety Tax Report. The preliminary estimates prepared by MuniFinancial indicate that a special tax which included a single family residential parcel tax of $72.40 a year and a multi -family unit tax of $24.62 would generate approximately $1 .4 million annually. Non-residential parcels and vacant parcels are included in the estimates but the tax estimates per the various land use categories are not part of the preliminary report. The residential/nonresidential split is based on fire department data which indicate that approximately 70% of calls for service are to residential properties. Police Component The current Fiscal Year police budget is $3,763,118 and, with the exception of several grants is supported solely by the general fund. Attachment 3 provides a five year staffing projection that forecasts the number of sworn personnel increasing from 29 to 37 and the annual budget increasing to just under $6 million. The preliminary estimates prepared by MuniFinancial indicate that a special tax which included a residential parcel tax of $134.44 a year would generate approximately $1.6 million annually. This amount represents the average cost for increased services over the next four years. Non-residential parcels and vacant parcels are included in the estimates but the tax estimates per the various land use categories are not part of the preliminary report. The residential/nonresidential split is based on police department data which indicate that approximately 97% of calls for service are to residential properties. Options The following table represents the options available for a special public safety tax for single family dwellings utilizing the preliminary numbers. Non-residential parcels will be taxed and those numbers will be part of the final report. As a point of reference, the City currently assesses $35.60 per parcel for the Lighting 384 and Landscaping District. Option 1: Fire and Police Component Fire Component $ 72.40 Police Component $134.44 Total New Tax $206.84 Option 2: Fire Component Only Fire Component $ 72.40 Total New Tax $ 72.40 Option 3: Police Component Only Police Component $134.44 Total New Tax $134.44 Attachment 4 is provided which depicts current taxation for other Valley cities. Others that have adopted a special parcel tax to support fire services are: Indian Wells $120 Palm Desert $48 to $60 Rancho Mirage $73.66 Based on input received from the City Council today, staff will finalize the taxation numbers for all the various types of parcels in the City and bring them to back to the City Council on October 16, 2001 for approval. Public Education and Community Outreach An important component in receiving voter approval for a special tax is community outreach and education. Included as Attachment 5 is a proposed budget for services supplied by MIG with a cost of just under $26,000. Included as Attachment 6 is an entire menu of services provided by MIG for public education and community outreach relating to a special tax approval. Staff is seeking direction regarding the proposed budget. Based on input today, staff will present a finalized budget for approval and funding on October 16, 2001. Citizen's Committee Staff is seeking direction regarding the formation of a citizen's advisory committee 3 8 O including membership and functions. One possible function of the committee could be to focus on the public education and outreach component described above. Schedule for Implementation of Special Tax Included as Attachment 7 is an updated timeline for the implementation of a special tax. December 4, 2001 is critical in that the necessary Resolutions must be adopted by the City Council on that date to have the special tax placed on the March 5, 2002 ballot.. In order to meet that deadline, staff needs direction today on the taxation components to be included, the public education and outreach budget, and the formation of a citizen's committee. Based on that direction, the City Council will be presented with final numbers at the October 16, 2001 meeting for approval. Respectfully submitted, ll b'y"1 Tom Hartung, Director of Building & Safety Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Minutes from July 3, 2001 City Council Study Session 2. Fire Funding and Staffing summary 3. Police Five Year Staffing Projection 4. Summary of Special Districts in the Coachella Valley 5. Proposed Budget for Public Education and Outreach 6. Menu of Services for Public Education and Outreach 7. Public Safety Tax Timeline 38�► ATTACHMENTS 38� ATTACHMENT 1 City Council Minutes 12 July 3, 2001 STUDY SESSION 1. DISCUSSION OF POSSIBLE FUNDING SOURCES FOR PUBLIC SAFETY ENHANCEMENTS. Building & Safety Director Hartung presented the staff report. Brian Jewett, of Muni -Financial, the City's assessment administration consultant, reviewed the survey contained in the staff report regarding mechanisms implemented by other California jurisdictions to fund public safety services. He advised only two cities used a citizen advisory committee and that the committees had a limited role in the process. Council Member Henderson stated, she thought Palm Springs and Indio both had a utility users tax but noted they were not listed on the survey. Mr. Jewett advised the cities were not asked if they had a utility users tax as a stand-alone source but rather what funding sources they had. Council Member Henderson noted the survey does not reflect that older cities have a larger General Fund because their base property tax return is higher. Council Member Sniff commented on the City's need for funds to build and staff an additional fire station. Council Member Henderson questioned the funds being used for construction. City Manager Genovese explained the purpose of the discussion at this time is primarily funding for operations but confirmed the funds could be used for construction if Council directs. In response to Council Member Sniff, Mr. Jewett confirmed very few cities use a special district tax to fund fire services. He felt the logical choice was a fire suppression district but noted they are not very popular. In response to Council Member Sniff, Mr. Hartung advised the current shortfall amount for getting three fire stations with three personnel each and a paramedic squad is approximately $1.5 million annually. Council Member Adolph asked how much each property owner would be affected by a general fund tax to cover the shortage. Mr. Hartung responded approximately $70 annually for fire services only. 389 City Council Minutes 13 July 3, 2001 In response to Council Member Henderson, Stan Wolcott, special legal counsel with Rutan & Tucker, described the negative aspects of a fire suppression district. In response to Mayor Pena, Mr. Wolcott stated a public safety tax would require a majority vote of the ballots cast and would still be subject to challenge. He confirmed a special tax requires a two-thirds vote of the ballots cast and recommended an assessment engineer be hired to document the spread methodology used to avoid challenge. Mr. Wolcott advised a general tax or special tax proposed for the first time would be placed on an established election date. He also noted there would be some cost savings in consolidating the proposed tax with another agency's election. In response to Council Member Sniff, City Clerk Greek confirmed the School District election is scheduled for the November ballot. Mr. Wolcott stated under an assessment ballot procedure, once the detailed engineer's report is prepared, the City is required to mail notices to every parcel at least 45 days prior to a public hearing. After the public hearing, the City can tabulate the assessment ballots and if a majority of the ballots returned are in favor of the assessment, the City can confirm the assessment and proceed to levy it on the next fiscal year's tax bill. Mayor Pena asked if there would be less of a chance of challenge if 67 % voted in favor of the assessment. In response to Council Member Sniff, Mr. Jewett advised the most successful tax measures take six to nine months to prepare and noted a public education effort is important. Mr. Wolcott advised Proposition 218 requires a general tax measure to be on a City election ballot, which will not be until November 2002, but a special tax measure can be placed on any established election date. Council Member Perkins stated he felt residents would be more supportive of a special tax for fire and police services. Mayor Pena and Council Members Henderson and Sniff concurred. Council Member Adolph stated he didn't see a problem getting support for increased fire services but noted gated communities don't receive the same police patrol services as the rest of the City because they have their own security systems and that might make it difficult to get 67 % of the vote. 389 City Council Minutes. 14 July 3, 2001 Mayor Pena noted with a public safety tax the Council and community would decide how much of the funds are used for fire services and how much for police services. He also felt the gated communities would see the value of having extra investigative police services. In response to Council Member Henderson, Mr. Wolcott confirmed the tax measure can include an inflation factor but it must be in the ballot language. Mayor Pena stated he felt March would be the earliest a public safety tax measure could be placed on the ballot and noted that would help determine how much could be budgeted for public safety for the next year. Finance Director Falconer stated there has been some discussion about including the cost of rolling stock, i.e. trucks and fire engines, in the DIF. However, the BIA has not been in favor of that and inclusion of capital equipment in an assessment could have a large impact on the assessment. In response to Council Member Perkins, Mr. Genovese stated he felt a March election makes the most sense for placing the tax measure on the ballot. He explained the issues to be worked into an analysis at this point are: whether or not the cost of rolling stock is included; whether or not construction of a fire station is included; and the increasing of staffing levels at each fire station to three personnel. He noted the Fire Department would like to increase staffing levels at the current fire stations immediately. He believed greater voter confidence would be achieved with a special tax requiring two-thirds vote as opposed to a general tax requiring a majority vote. In response to Mayor Pena, Mr. Jewett advised if a special tax is approved in March, the tax will be placed on the FY 2002/2003 tax rolls and the City would receive the first installment from the County in January 2003. Mr. Hartung noted if the special tax is approved in March, staffing levels could be increased at that time at the two current fire stations, including the paramedic squad. Mayor Pena suggested staff be directed to report back to Council on what is needed to get a special "public safety" tax measure on the March ballot. Council Member Henderson stated she wished to see some actual dollar figures because it could reach a limit she would not support. She will support what she feels the community is comfortable with. Mayor Pena stated a citizen's advisory committee will also be discussed when the special tax issue comes back to Council. 3� �J 09/06/2001 10:57 99406910 LA QUiNTA STAFFING LEVEL ATTACHMENT 2 FISCAL YEAR 2001/2002 - 2 PERSON ENGINE CO. (CURRENT STAFFING) STRUCTURAL FIDE TAXES REDEVELOPMENT PASS THRU FUNDS FY 2001102 394,122 1,769,228 FY 2002103 406,733 1,831,415 FY 2003/04 414.868 1,871.525 FY 2004/06 423,165 1,912,438 FY 2005/06 431,629 1,9547169 TOTAL_ TAX FUNDING Less No -Low Offset to County 2,163,350 -188,000 2,238,148 -188,000 2,280,393 -188,000 2,335,603 -188,000 2,385,798 -188,000 Funding Aviarable for Tax Credit 1,975,350 2,050,148 2,098,393 2,14703 2,197,798 SERVICE DELIVERY . ..COSTS STA. #32 " ' 262,312 STA. #70 262,312 STA. # 262,312 1 - CAPT. 1.0 - FAE Medic 1.6 - ENO. 6.0 - FF Ills 5.0 - FF 11 Medic 224,076 420.209 464,131 224,076 420,209 224,076 420,209 Operating cast of Medlc program TOTAL CO$T LA QUiNTA TAX CREDIT BALANCE DUE COUNTY TOTAL COST * LA QUINTA TAX CREDIT BALANCE DUE COUNTY These projections use the following increases: Total Cost Annual increase 5% Redvelopment Pass Thru provided by City. Structural Fire Tars annual increase fy 02103 3.2°%- (2% thereafter) Post-ff Fax Nate 7671 Date Paof To From CoJDept Co. Phone # Phone # Fax 0 r-'�` Fax # ffsWil 1,370,729 9W,595 9M,398 20,000 3,203.925 (1,975,350) 1,228,575 Startup Cost $7, 000 2, 300,000 2,387,000 FY 2002/03 FY 2003/04 FY 20"05 FY 20W06 3,364,121 3,532,327 3,708,943 3,894,391 (2,050,148) (2,098,393) (2,147,603) (2,197,798) 1,313,973 1,433,934 1,561,340 1, 696, 59 3 391 A. 0 ATTACHMENT 3 �I 0 'd CL CY CL LL �N � U o N Q N T- T r T- T'". G% 112 w r r- e-- cu C y n3 ti Op 0a. t7 1~L tocc N EI N N N N o N N Q Q OD 0 i. a a : in co O �- w 0ts T Q) cm ri ca ca M M 0 }. ca > co t. oD o CL � c`z v CL u {n a 0 LL a d L � O E N N N N n ci co r 0 U <p O a *A.� 0- .-. L) Q ca p N N N N ID 7 L OZ p. cri N N N a. II II Q) O p cco D 00 00 to to C� M O cm N ri cl M 5 4 0 •ai 0 cc aco r_ to ^� �`'' �!! % - CV ce) 000 M 0 rw. 4) CD av E if G c� E F- Q :m: a � a IL m � b ? 0 d N O O O O as A 0 o COe- CD cV O V to 'rf ti7 0 0 co 0 N PCN N NC LL 0 N O 4 R Go W m V w 1 A �' r /0lto V7 07 Pl' ID OQ U n N CD h Go �eAwiORfA _ LL CD :2 0 O N O to CD N m N ti oil -Ne 0 >o 0 cb o ch w oc� a " 6 1 11 w L - . 0 4r, in A O N >? o a OaDp Q � j O RIQwvw Olt �r_ • U U)cu cn a Q N tole p �4)ti CD cm 00boa m < a) � 0 Co N t+ 5 o ca IL q M>11 V -, ocu y„ y r 0- � Q co 0: :;..' N ch 'ar 9) Oa o 1 C94 tr+ rt +ii q4 0 0 o g o Yid 8 0�� 0 �IIZ 392 (111 o- i I—dHs Summary of Special District in the Coachella Valley Agency Type of District City of La Quinta Parcels District Name Parcels Levied EDU Levy Amount Levy Maximum Rate Rate Citywide Solid Waste/Refuse Charges City of La Quinta Citywide Landscaping and Lighting District La Quinta Refuse 17,459 11,263 11,328.00 La 1,364,797.44 120.48 120.48 Quinta Landscaping and Lighting District 89- 17,459 16,179 21,941.99 781,104.44 35.60 35.60 City of Cathedral City Citywide Solid Waste/Refuse Charges Cathedral City Refuse 28,745 9,702 10,913.21 1,304,343.42 119.52 119.52 City of Indian Wells City of Indian Wells Citywide Solid Waste/Refuse Charges Indian Wells Refuse Local Benefit Assessment District (Fire Access) Fire Access Maintenance 9,584 3,627 3,627.00 541,003.32 149.16 149.16 • City of Indian Wells Citywide Fire Tax (Special Tax) District Indian Wells Fire Tax 974 885 1,055.51 633,306.00 600.00 600.00 City of Indian Wes Local Landscaping and Lighting District El Dorado 9,584 6,871 4,090.13 490,815.90 120.00 ,120 00 City of Indian Wells Local. Landscaping and Lighting District Montecito/Stardust 347 342 321.70 19,212.04 59.72 109.17 City of Indian Wells Local Landscaping and Lighting District Casa Dorado 59 56 52.50 10,368.80 197.50 229.67 City of Indian Wells Local Landscaping and Lighting District The Cove 123 116 116.00 12,233.36 105.45 105.45 City of Indian Wells Local Landscaping and Lighting District Indian Wells Golf Resort 66 64 55.60 6,912.24 124.32 163.46 City of Indian Wells Local Landscaping and Lighting District Hwy 111/Club Drive 3 3 438.90 109,834.72 250.25 314.60 City of Indian Wells Local Landscaping and Lighting District Club Drive 11 11 171.42 20,256.68 118.17 152.44 City of Indian Wells Local Landscaping and Lighting District Mountain Gate 1 8 8 63.54 6,285.36 98.92 98.92 City of Indian Wells Local Landscaping and Lighting District Mountain Gate 2 1 50 50.00 31,513.00 630.26 670.36 City of Indian Wells Local Landscaping and Lighting District The Colony I 1 14.00 9,129.00 652.10 652.10 City of Indian Wells Local Landscaping and Lighting District Parcel Map 26494 65 64 64.00 26,205.44 409.4,S 1,887.65 City of Indian Wells Local Landscaping and Lighting District Desen Horizons 4 4 1.20 6,512.16 5,426.83 5,420.83 614 513 607.35 216,795.76 359.32 359.32 W � W D D n Z M Z Agency Type of District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District Citv of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District City of Indio Local Landscaping and Lighting District Summary of Special District in the Coachella Valley Parcels Levy Levy Maximum District Name Parcels Levied EDU Amount Rate Rate Sundance 314 314 314.00 15,241.56 48.54 78.26 Sun Tree Ranch 59 59 59.00 5,437.44 92.16 113.74 Park Pasco 87 87 87.00 11,351.76 130.48 131.38 Jackson Park (Zone A) 66 66 66.00 7,055.40 106.90 106.90 Jackson Park (Zone B) 46 46 46.00 4,022.24 87.44 87.44 Jackson Park (Zone C) 2 2 2.00 33.64 16.82 16.82 Daybreak/Sandcastle/Vista Horizon 183 183 183.00 9,212.22 50.34 50.34 Whispering Palms 510 510 510.00 18,941.40 37.14 49.98 Sun Park West Palmwood (Zone A) 77 77 77.00 3,588.20 46.60 46.60 Sun Park West Palmwood (Zone B) 25 23 23.00 419.06 18.22 18.22 Lumbermen's Business Park 6 6 15.79 5,140.44 325.60 354.34 Pan American 189 189 189.00 15,335.46 81.14 81.14 Liberty Village 108 107 107.00 0.00 0.00 138.58 Santa Fe Homes 167 167 167.00 20,510.94 122.82 153.98 Park Madison 37 37 37.00 6,948.60 187.80 192.50 Indio Center Plaza 19 18 1,374.00 10,305.00 7.50 7.50 Wildflower 80 80 80.00 5,894.40 73.68 77.86 Villa Pacific 48 48 48.00 3,302.40 68.80 68.80 Zalay Ranch 36 36 36.00 4,159.44 115.54 163.28 Highway 111 28 27 44.44 0.00 0.00 129.78 Encanto Homes 73 73 73.00 8,634.44 118.28 118.28 Palm Meadows 219 219 219.00 18,457.32 84.28 98.16 El Cid 20 20 20.00 3,170.00 158.50 158.50 Santa Rosa 68 68 82.29 15,886.94 193.06 193.06 Riverbend 61 61 61.00 4,071.14 66.74 66.74 California Palms 1 115 115 115.00 12,282.00 106.80 106.80 j Veranda 98 98 98.00 7,142.24 72.89 135.05 Rincon Hontes 121 121 121.00 28,154.28 232.68 232.70 Summer Place 156 156 156.00 15,600.00 100.00 100.00 California Palnts 11 94 94 94.00 11,330.76 120.54 166.36 Cheyenne Ranch 31 31 50.00 4,637.98 92.76 195.26 US Homes/Heritage Palms 567 495 730.76 0.00 0.00 89.20 Summary of Special District in the Coachella Valley Parcels Levy Levy Maximum Agency Type of District District Name Parcels Levied EDU Amount Rate Rate City of Palm Desert Citywide Fire Tax (Special Tax) Palm Desert Fire Tax 67,094 64,546 29,922.40 1,436,336.80 48.00 60.00 City of Pam Desert Nuisance Abatement Charges Palm Desert Nuisance Abatement 0 0.00 City of Palm Desert Business Improvement District President's Plaza BID 43 42 132,170.24 City of Palm Desert Local Landscaping and Lighting District Canyon Cove 225 222 222.00 17,258.28 77.75 City of Palm Desert Local Landscaping and Lighting District Vineyards 147 132 132.00 0.00 34.45 City of Palm Desert Local Landscaping and Lighting District Parkview Estates 175 172 172.00 3,292.08 19.45 City of Palm Desert Local Landscaping and Lighting District Desert Mirage 29 19 29.00 1,898.34 65.46 65.47 City of Palm Desert Local Landscaping and Lighting District Sandcastles 41 41 41.00 1,434.18 34.98 35.00 City of Palm Desert Local Landscaping and Lighting District Primrose 37 37 37.00 2,097.90 56.70 100.43 City of Palm Desert Local Landscaping and Lighting District Monterey Meadows 40 40 40.00 3,109.60 77.74 77.75 City of Palm Desert Local Landscaping and Lighting District The Glen 16 16 16.00 2,074.56 129.66 129.68 City of Palm Desert Local Landscaping and Lighting District Hovley Estates 17 16 16.00 3,769.92 235.62 235.63 City of Palm Desert Local Landscaping and Lighting District Sonata 1 16 16 16.00 2,014.40 125.90 125.91 City of Palm Desert Local Landscaping and Lighting District Sonata 11 94 94 94.00 3,966.80 42.20 42.22 City of Palm Desert Local Landscaping and Lighting District Hovley Collection 38 38 38.00 4,300.84 113.18 113.20 ,City of Palm Desert Local Landscaping and Lighting District La Palonta I 17 16 16.00 2,909.44 181.84 181.86 City of Palm Desert Local Landscaping and Lighting District La Palotna 11 19 16 16.00 4,328.96 270.56 342.15 City of Palm Desert Local Landscaping and Lighting District La Paloma Ill 17 15 15.00 3,741.60 249.44 249.44 City of Palm Desert Local Landscaping and Lighting District Sandpiper Court 19 16 16.00 5,171.20 323.20 323.20 City of Palm Desert Local Landscaping and Lighting District Sandpiper West 16 16 16.00 5,171.20 323.20 323.20 City of Palm Desert Local Landscaping and Lighting District Hovley West 1 1 16.00 4,216.32 263.52 263.52 City of Palm Desert Local Landscaping and Lighting District Waring Court . 16 16 16.00 0.00 0.00 382.77 City of Palm Desert Local Landscaping and Lighting District Palm Gate 37 37 37.00 2,348.76 63.48 63.48 City. of Palm Desert Local Landscaping and Lighting District The Grove 105 105 105.00 15,443.40 147.08 147.09 City of Palnt Desert Local Landscaping and Lighting District Portola Place 23 23 23.00 3,980.84 173.08 173.10 City of Palm Desert Local Landscaping and Lighting District Palm Desert Country Club 1,768 1,732 2,261.00 42,824.04 18.94 25.53 City of Palm Desert Local Landscaping and Lighting District K & B at 11ahn Desert 165 163 163.00 8,564.02 52.54 52.55 City of Palm Desert Local Landscaping and Lighting District Canyon Crest 71 68 68.00 4,845.68 71.26 138.11 T Summary of Special District in the Coachella Valley A enc 8 y . City of Rancho Mirage City of Rancho Mirage City of Rancho Mirage • City of Rancho Mirage City of Rancho Mirage City of Rancho Mirage City of Rancho Mirage City of Rancho Mirage City of Rancho Mirage City of Rancho Mirage Type of District Mello -Roos District (Fire & Police Services) Citywide Park Tax (Special Tax) Citywide Fire Tax (Special Tax) Citywide Fire Excise Tax (Special Tax) Citywide LaMiscaping an tg ting istrict Local Landscaping and Lighting District Local Landscaping and Lighting District Local Landscaping and Lighting District Local Landscaping and Lighting District Nuisance Abatement Charges g District Name Rancho Mirage Community Facilities District Rancho Mirage Park Tax Rancho Mirage Fire Tax Rancho Mirage Fire Excise Tax Citywide Landscaping & Lighting District Tamarisk Estates Mirage Estates Mirage Cove Tracts 19294 and 19295 Rancho Mirage Nuisance Abatement Parcels Parcels Levied 1,444 743 13,275 10,918 13,275 10,914 13,275 10,914 13,275 10,918 40 40 14 91 76 49 43 l9 17 EDU 1,309.75 15,800.91 12,060.57 12,060.57 15,800.91 40.00 14.00 84.60 43.00 Levy Amount 187,555.56 299,585.23 723,634.04 164,757.90 417,471.88 5,607.20 4,527.60 8,189.52 11,162.56 7,162.52 Levy Rate 143.20 18.96 60.00 13.66 26.42 140.18 323.40 96.80 258.92 Maximum Rate 18.96 60.00 13.66 26.42 140.1814 421.00 107.76 316.06 Coachella Valley Rec & Park Coachella Valley Rec & Park Coachella Valley Rec & Park Coachella Valley Rec & Park Bonded Assessment District Operation and Maintenance Landscaping and Lighting District Landscaping and Lighting District Indio Community Center Bonded District Indio Community Center O &M Coachella Valley Park & Rec District Thousand Palms Park & Rec District 15,325 15,325 121,892 4,801 13,206 13,776 52,420 4,628 16,611.10 18,270.61 58,900.00 4,628.00 536,538.48 359,565.60 583,110.00 138,840.00 32.30 19.68 9.90 30.00 9.90 32.78 Agency City of Palm Springs (1) City of Palm Springs City of Palm Springs City of Palm Springs City of Palm Springs City of Palm Springs City of Palm Springs City of Palm Springs City of Palm Springs City of Palm Springs City of Palm Springs (3) City of Coachella (1) City of Coachella City of Coachella City of Coachella City of Coachella City of Coachella City of Coachella City of Coachella City of Coachella City of Coachella City of Coachella City of Coachella City of Coachella Type of District Local Landscaping and Lighting District Local Landscaping and Lighting District Local Landscaping and Lighting District Local Landscaping and Lighting District Local Landscaping and Lighting District Local Landscaping and Lighting District Local Landscaping and Lighting District Local Landscaping and Lighting District Local Landscaping and Lighting District Local Landscaping and Lighting District Utility User Tax Local Landscaping and Lighting District Local Landscaping and Lighting District Local Landscaping and Lighting District Local Landscaping and Lighting District Local Landscaping and Lighting District Local Landscaping and Lighting District Local Landscaping and Lighting District Local Landscaping and Lighting District Local Landscaping and Lighting District Local Landscaping and Lighting District Local Landscaping and Lighting District Local Landscaping and Lighting District Local Landscaping and Lighting District City of Desert Hot Springs (1), (2) Local Landscaping and Lighting District Summary of Special District in the CO]clteII2 Valley District Name City of Palm Springs Lt Mtn #1 City of Palm Springs Lt Mtn Dist M2 City of Palm Springs Lt Mt 3 City of Palm Springs Pkwy Maint Dist 6-A City of Palm Springs Pkwy Maint Dist 6-B City of Palm Springs Pkwy Maint Dist 6-C City of Palm Springs SP Pkwy Maint M7 City of Palm Springs SP Pkwy Maint N8 City of Palm Springs Ltg Mt N4 City of Palm Springs Pkwy Maint M9 N/A Coachella Landscape & Lighting 1 Coachella Landscape & Lighting 2 Coachella Landscape & Lighting 3 Coachella Landscape & Lighting Coachella Landscape & Lighting 6 Coachella Landscape & Lighting 7 Coachella LI) & LTD N8 Ponderosa City of Coachella LDS & LTD N9 Sunshine City of Coachella LDS & LTD N10 City of Coachella Landscape & Ltg #I I City of Coachella Landscape & Ltg N12 City of Coachella Landscape & Ltg #13 City of Coachella Landscape & Ltg M14 City of Desert Hot Springs Lt Mt Dist Parcels Parcels Levied EDU 158 25 24 93 30 53 64 43 127 129 181 66 170 160 138 75 104 76 9,733 (1) This data is based on tax information for Fiscal Year 1999/2000. The various rates were not available from the districts. (2) Desert Hot Springs Public Safety Measure Tax was voted on by 68% for 2001102. It is land use based. SFR parcel receives a $95 tax. (3) Utility tax of 5% of customer bills. Referendum passed that 112 of 1% be used for park & library enhancements; balance for public safety and fire services. Levy Levy Maximum Amount Rate Rate 6,022.74 4,250.00 4,809.84 1,817.22 6,264.00 23,747.18 11,118.00 1,129.18 4,500,000.00 13,235.94 15,872.16 18,147.06 5,974.32 32,649.09 24,457.60 3,192.10 5,640.96 6,127.50 5,871.84 2,918.40 409,592.20 ATTACHMENT 5 September 11, 2001 Mr. Brian Jewett Project Manager MuniFinancial 28765 Single Oak Drive Temecula, CA 92590 REQUEST FOR SCOPE OF SERVICES TO SUPPORT CITY OF LA QUINTA PUBLIC SAFETY INITIATIVE Dear Mr. Jewett: MIG is pleased to provide the following Scope of Services to support the City of La Quinta in providing an informational and educational program in support of the proposed Public Safety Initiative. These services have been designed to be done in conjunction with technical planning activities leading up to development and education for a successful ballot initiative supporting needed public safety improvements in the City. We have outlined an approach that will assist in defining issues and messages and supporting a community -oriented educational and informational program. We can also provide additional services, as requested by the City, on a time -and -materials basis, as outlined in the Menu of Services provided earlier in the month. SCOPE OF SERVCES Task 1: Project Initiation and Project Administration MIG will work with the City of La Quinta and other consultants to confirm the vision for the Public Safety Initiative. The initial meeting will confirm the scope of the project, the products to be produced, and the project schedule. MIG will also work with the City to identify community stakeholders including community groups, businesses, public officials, and others for focus groups, and the community meeting. MIG will work with the City staff to confirm the physical parameters of the project site. This will be done in one (1) 2-to 3-hour meeting with the City and consultants. Time has also been budgeted for one (1) one -hour follow-up session via telephone. Professional Time Patricia V. McLaughlin: 10 Hours @ $150.00/Hour........................................ $1,500.00 Communications Dir. 10 Hours @ $150.00/Hour............................$1,500.00 Project Support: 4 Hours @ $75.00/Hour$ 300.00 Professional Time Subtotal................................................................................... $33300.00 Direct Costs 398 Task 2: Travel (5.5 hours round trip) 280 mi @ .345/mi. and airfare ............................................ $ 296.00 PerDiem:........................................................................................ $ 30.00 Communications:........................................................................................ $ 25.00 Direct Costs Subtotal......................................................................................... $ 351.00 Task1 Total................................................................................................ $3,651.00 Focus Groups MIG will prepare a strategy for the Focus Groups identified under Task 1. Materials will include an agenda, meeting handouts such as information sheets or brochures and comment cards based on information and concerns identified in the project initiation meeting- Task I. Facilitate Focus Group Interviews (3 sessions — 2 hours each) MIG will prepare for and facilitate three (3) focus group sessions. Each session shall be approximately 2 hours in length with the groups identified in Task 1. MIG will be paid time and materials if additional sessions are needed to facilitate additional groups. The focus groups are structured around specific questions in order to uncover the key issues, opportunities, and barriers that will determine the viability and demand for the Public Safety Initiative. We will also test some key messages developed after interviews with City staff and other employees such as Fire and EMT Chief. We will gather responses on the issues generated by these focus group interviews. Divergent perspectives will be recognized and the differences explored. An additional goal of the focus groups will be to identify others who should be included in the process. MIG will provide one focus group facilitator and time has been budgeted for the focus groups to be held on the same day to avoid additional costs associated with travel to and from the area. The City will arrange for facilities, invite participants, and provide incentives to participants as appropriate. Prepare and Summary Report of the Focus Groups MIG will analyze and organize input from the focus group interviews. We will write a brief summary report that captures the insights gained from the community and other influential stakeholders. This shared understanding of the area's needs, wants and desires will enable La Quinta to act efficiently and effectively in deciding the longtime needs of the community on this issue. Professional Time Principal -in -Charge 17 Hours @ $150.00/Hour........................................ $2,550.00 Communications Dir. 5 Hours @ $150.00/Hour.......................................... $ 750.00 Project Support: 6 Hours @ $75.00/Hour............................................ $ 450.00 Professional Time Subtotal................................................................................... $3,750.00 Direct Costs Travel (5.5 hours round trip) 280 mi @.345/mi:............................................................. $ 96.00 PerDiem:........................................................................................ $ 150.00 Communications:........................................................................................ $ 50.00 Direct Costs Subtotal......................................................................................... $ 296.00 39. 111 8 Task 3: Task 4: Task 4.1 Task2 Total................................................................................................ $49046.00 Communications Plan MIG will review and assess information gathered from focus groups and interviews and work with the City and other consultants to develop key messages and benefits for each target audience. We will develop a communications plan and schedule for community outreach. We can refine messages and the overall plan should additional focus groups, community meetings or polling be conducted. Professional Time Principal -in -Charge 8 Hours @ $150.00/Hour......................................... $13,200.00 Communications Director 10 Hours @ $150.00/Hour ............................ $11,500.00 Project Support: 6 Hours @ $75.00/Hour.......................................... $ 450.00 Professional Time Subtotal................................................................................... $3,150.00 Direct Costs Travel (S.S hours round trip) 280 mi @ .3451 mi. and airfare ............................................ $ 296.00 PerDiem:........................................................................................ $ 30.00 Communications:........................................................................................ $ 25.00 Direct Costs Subtotal......................................................................................... $ 351.00 Task3 Total................................................................................................ $33,501.00 Informational and Educational Materials An excellent way to reach concerned voters is through community and neighborhood organizations, as well as business and special interest groups. We believe it will be more effective to go out to locations that are convenient to people, rather than invite them to a community meeting at a single location. Speakers can make presentations at regular meetings of these groups and MIG will provide presentation materials and leave -behind pieces targeted to different audiences. Because City staff and members of the Fire and EMT Departments have a existing, strong relationships with community members, we believe citizens will respond more positively to presentations by representatives of those agencies, than any made by outside consultants. MIG will work with City staff to determine the organizations and appropriate speakers. Targeted Information Sheets MIG will prepare informational sheets targeted at the concerns, issues and needs of different audiences (for example, senior citizens, business owners, tourism industry members, parents). Speakers can hand these out at presentations and they can be available at City agencies and offices, as appropriate. We will write and design 3-4 different information sheets for each of these target audiences. The sheets will be simple and attractive, designed so that they can easily be updated and can be reproduced by individuals and support groups using a laser printer and/or copy machine. Option: We can produce 5,000 each of four versions, two-color, tri-fold brochures for additional $4,500. 400 Task 4.2 The objectives for this and other informational materials tasks is to: • Identify key messages and themes for different target audiences. • Produce informational and educational materials that are able to reach a broad audience at reasonable cost and serve as a resource for supporters of the initiative in the community. Professional Time Principal -in -Charge 2 Hours @ $150.00/Hour ............ $ 300.00 Communications Dir. 12 Hours @ $150.00/Hour.............................$1,800.00 Graphic Artist: 16 Hours @ $95.00/Hour.......................................... $ 1,520.00 Project Support: 4 Hours @ $75.00/Hour........................................... $ 300.00 Professional Time Subtotal................................................................................... $3,920.00 Direct Costs Communications:....................................................................................... $ 50.00 Materials:........................................................................................ $ 300.00 DirectCosts Subtotal......................................................................................... $ 350.00 Task4.1 Total.............................................................................................. $4,270.00 Speakers Kit MIG will prepare a message kit for speakers to use. The kits will include key messages and frequently asked questions organized by target audience. The documents will be simple templates that can be updated and run out on laser printers. MIG will provide 10 kits in binders. Professional Time Principal -in -Charge 2 Hours @ $150.00/Hour..........................................$ 300.00 Communications Dir. 5 Hours @ $150.00/Hour .............................$ 750.00 Graphic Artist: 5 Hours @ $95.00/Hour............................................ $ 475.00 Project Support: 2 Hours @ $75.00/Hour........................................... $ 150.00 Professional Time Subtotal................................................................................... $ 1,675.00 Direct Costs Communications:........................................................................................ $ 50.00 Materials:........................................................................................ $ 500.00 Direct Costs Subtotal......................................................................................... $ 550.00 Task4.2 Total.............................................................................................. $ 23,225.00 Task 4.3 Newsletter Articles/Editorials Based on the targeted information sheets, MIG will prepare articles for community, 401 00 neighborhood, business and other stakeholder newsletters, targeted at the concerns, issues and needs of different audiences (for example, senior citizens, business owners, tourism industry members, parents). We will write 3-4 different articles and work with City staff to distribute. We will also write an informational article that can be submitted to the local paper, The Desert Sun. Professional Time Principal -in -Charge 1 Hours @ $150.00/Hour.......................................... $ 150.00 Communications Dir. 5 Hours @ $150.00/Hour .............................$ 750.00 Project Support: 1 Hours @ $75.00/Hour........................................... $ 75.00 ProfessionalTime Subtotal................................................................................... $ 975.00 Direct Costs Communications:........................................................................................ $ 50.00 Materials:........................................................................................ $ 150.00 DirectCosts Subtotal......................................................................................... $ 200.00 Task4.3 Total.............................................................................................. $ 1,175.00 Task 4.4 Power Point Presentation To assist community leaders and city staff with informational presentations, MIG will prepare a 10-15 minute PowerPoint presentation (text of full speech included) that can be used with local community and business organizations, with slides that can be customized by target audience. Professional Time Communications Director 20 Hours @ $150.00/Hour........................................ $3,000.00 Designer 30 Hours @ $ 95.00/Hour......................................... $23850.00 Project Support: 10 Hours @ $75.00/Hour......................................... $ 750.00 ProfessionalTime Subtotal................................................................................... $6,600.00 Direct Costs Communications:........................................................................................ $ 300.00 Supplies:........................................................................................ $ 150.00 DirectCosts Subtotal......................................................................................... $ 450.00 Task4.4 Total.............................................................................................. $7,050.00 The total for these 4 tasks (project initiation meeting, focus groups and planning, communications plan and educational/informational materials) is $25,918.00. If you should have any questions, please contact me at (626) 744-9872. Best regards, MOORE IACOFANO GOLTSMAN, Inc. Patricia V. McLaughlin 40.9. r, r ATTACHMENT • f 'N We recently completed education and community outreach campaigns that led to positive sales tax votes for the Santa Clara Valley Water District and the City and County of Napa. Menu of Services and Estimated Costs Communications Plan MIG will review and assess information gathered from polling and workshops and work with the City and other consultants to develop key messages and benefits for each target audience. We will develop a communications plan and schedule for community outreach. As additional polling is done, we can refine messages and the overall plan. Estimated costs: $3,000-$4,000 Notifications/Invitations ' • Postcards that can be mailed to community members announcing a workshop/presentation (18,000 total) • Small posters that can be displayed in appropriate areas announcing a workshop/presentation (100) • Small, camera-ready ad that can be placed in local newspaper announcing a workshop/presentation Estimated costs: $7,000 ' Meeting Handouts MIG will design, produce, and print 6,000 sets of agendas, comment cards and other information sheets for community meetings/presentations. 't Estimated costs: $5,000 Print Ad A camera-ready � 1 2 page newspaper ad with educational content. Estimated costs: $2,500 PowerPoint Presentation l A 10-15 minute PowerPoint presentation (text of full speech included) that can be used with local community and business organizations, with slides that can be customized by target audience. Estimated costs: $7,500 0 Brochure MIG will write, design, produce and print a four-color, four -panel slim brochure that describes benefits/needs and can be distributed at workshops/presentations and/or sent directly to residents. 205000 total. Estimated costs: $8,500 MIG, Inc. Page 1 of 3 Menu of Services 403 7123101 rI.: <" Information Sheets MIG will write, design and produce 3-4 different information sheets (aimed at different target audiences) that can be quickly updated and run out on a laser printer as needed by speakers or City staff. Estimated costs: $2,300-$3,000 Supplement for Local Newspaper To reach people who will not come to workshops/presentations, MIG will write and design a supplement for the local paper with educational content (assume a tabloid format); print costs not included. Estimated costs: $7,500 Articles for Neighborhood/Condo Association Newsletters To reach people who will not come to workshops/presentations, MIG will write articles for newsletters, customized to key messages/benefits appropriate for each group. Estimated costs: $750 per newsletter article Radio Ads ' Write and produce a 30-second radio ad. We will provide three concepts and develop one, including one or two voices, music and studio time. Estimated cost: $6,000 ' Write a 30-second radio public service announcement that will be read by the announcer. Estimated cost: $2,500 Project Initiation and Project Administration MIG will work with the City of La Quinta and Muni Financial to confirm their vision for the "Public Safety ' Initiative." The initial meeting will confirm the scope of the project, the products to be produced, and the project schedule. MUG will also work with the City to identify community stakeholders including community groups, businesses, public officials, and others for focus groups, and the community meeting. MIG will work ' with the City staff to confirm the physical parameters of the project site. This will be done in one (1) 2-hour meeting with the City and Muni Financial. Time has also been budgeted for one (1) one -hour follow-up session via telephone. Estimated cost: $2,300 Focus Groups MIG will prepare a strategy for the Focus Groups identified under Task 1. Materials will include an agenda, meeting handouts such as information sheets or brochures and comment cards based on information and ' concerns identified in the project initiation meeting - Task 1. The meeting handouts are optional items are not included in the cost estimate below. 1 Facilitate Focus Group Interviews (3 sessions — 2 hours each) MIG will prepare for and facilitate three (3) focus group sessions. Each session shall be approximately 2 hours in length with the groups identified in Task 1. MIG will be paid time and materials if additional sessions are needed to facilitate additional groups. The focus groups are structured around specific questions in order to uncover the key issues, opportunities, and barriers that will determine the viability and demand for the "Public Safety Initiative." We will gather responses on the issues generated by these focus group interviews. Divergent perspectives will be recognized and the differences explored. An additional goal of the MIG, Inc. Page 2 of 3 Menu of Services 404 7123101 focus groups will be to identify others who should be included in the process. MIG will provide one focus group facilitator and time has been budgeted for the focus groups to be held on the same day to additional costs associated with travel to and from the area. Prepare and Summary Report of the Focus Groups We will write a brief summary report Prep . MIG will analyze and organize input from s group interviews. influential stakeholders. This shared that captures the insights gained from the community area's needs, wants and desires will enable La Quanta to act efficiently and effectively in understanding of the n this issue. deciding the longtime needs of the community o Estimated cost: $3,700 Community Meeting that the co ' task is to ensure the large is informed and edus �edh i Q�� iimpacts o The purpose of this as many member decision on this vital issue and secondly, that the City hears from its community as possible. ' The objectives of this task are to: 'nta community about the "Public Safety Initiative" components, the relationships • Educate the La Qul between those components and their effects/impacts on d the discussion egarding the issues and outcomes. ' range of opportunities for community input a � Provide a g Pp and facilitate a two hour Community meeting to gather input and buy -in mrunity MIG will design, plan, a g community -wide audience. A brochure or information sheet based on different visioning alternatives and ! ty conditions could be distributed. A slide items acre not included in the cost estimate below. concepts. The above items are optional opportunities to voice or draw individual ideas from the La er will provide oppo formed decision A MIG facilitator and record p to community. This meeting will give the La Quinta community a o investment stm make an and responsibility for Quanta ty about this important and vital service and it will foster a stronger sense its success. purpose and content meeting MIG MIG will work with City staff and technical consultant develop the n ` tom City staff. The City will be t responsible for facility set up and breakdown, staff will be respon ty if needed. responsible for rental of the meeting site and refreshments, ' J All the input gathered through this community meeting will be summarized. Estimated cost: $4,500 Menu of Services 4 1 MIG Inc. 7123101 Page 3 of 3 ATTACHMENT 7 I C9 a U �y C71 f6 a M1. 25 d39T96Xd3 eOluON:01 TO:LT TO, 90/60 £9Z'ON 3�I3 mw 6 o U � N U U g ° a o N lL O C Q fG (h q1 Q� LL N c 2 1� d1 d1 O N N d v U ��j a g ~ Z ) c E E��E ,,� ,�� C O w U O N C 0 1p ) rn, Q � N ly N .O i!0 co! to a yl N 7 w "all N Z L) N N O N L) G `� E 1 _ O 7 1f6 U .e U U O CL U U U d Q u) �(D N au 0) c7 r � r N m a io LL 7 6 390d ZOZ£669:Xd3 d35T96Xd3 eO!uON:Gl TO:LT TO, 90/60 £9Z'ON 33I3 407 w 4 V �, � b r 0 9 0 U '. 2 7 b 390d ZOZ£669:Xd3 d35T96Xd3 eOluON:01 TO:LT TO, 90/60 £9Z'ON 3�Id - - --------- CL z c 409 9 390d ZOZC669:Xdd d39T96XU3 eOluON:GI aO:ZT TO, 90/60 89Z'ON 3ll3 a � ao dj N U E v oZ N ,p U O I 'V ri tL U U M IV [in 9 39dd ZOZ6669:Xd3 Gl C w r �i Q 4) Q� a l0 a E o z (n a i I aai I `r (n CL �N1 a�i a - ... _ Z c C E W N o U F- pOL N a N C C w E (� w imn _.0 U0 �' m O 4' U z i; c LL LO r (0 r I,, w CD r m w O N N � � t = d35i96Xd3 e0!u0N:QI W:ZT TO, 90/60 £9Z'°N 31I3 410 99 411 1VI L 390d ZN6669:Xd3 d35T96Xd3 e01UOMI ZO:LT TO, 90/60 £9Z'ON 33I3 REPORT/INFORMATIONAL ITEM: /(0 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA August 28, 2001 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Abels who asked Commissioner Butler to lead the flag salute. B. Present: Commissioners Richard Butler, Tom Kirk, Steve Robbins, Robert Tyler, and Chairman Jacques Abels. Commissioner Tyler thanked everyone for their good well wishes for the surgery he recently went through. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney John Ramirez, Planning Manager Christine di lorio, Senior Engineer Steve Speer, Principal Planners Stan Sawa and Fred Baker, Planning Consultant Nicole Criste and Executive Secretary Betty Sawyer. Il. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT ITEMS: A. Chairman Abels asked if there were any corrections to the Minutes of July 24, 2001. Commissioner Tyler asked that Page 4, Item #8 be corrected to read, "Ms. Johnson stated the levels are low and would conform to all FCC standards." There being no further corrections, it was moved and seconded by Commissioners Robbins/Tyler to approve the minutes as corrected. Unanimously approved. B. Department Report: None. V. PRESENTATIONS: None. VI. PUBLIC HEARING: A. Continued - Zoning Code Amendment 2000-066; a request of the City for review of applicability and impact of current Water Efficient Ordinance on development proposals. 412 G:\WPDOCS\PC8-28-01.wpd 1 Planning Commission Minutes August 28, 2001 1. Staff requested this item be tabled at this time. It would be re - noticed when it was ready to be brought back to the Commission. 2. There being no further discussion, it was moved and seconded by Commissioners Tyler/Butler to table this issue as requested. B. Environmental Assessment 2001-427, Conditional Use Permit 2001-062; a request of AT&T Wireless Services. for certification of a Mitigated Negative Declaration of Environmental Impact and approval of the installation of telecommunication apparatus on a new 120 foot high tower located at 81-600 Avenue 58. 1 . Chairman Abels opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. Commissioner Robbins stated he thought this was an existing tower they were adding an antenna to. Staff clarified that Sprint had added an antenna to the existing tower and AT&T was requesting an additional tower to accommodate the new antennas. 3. Commissioner Tyler asked for clarification on the staff report where it states the 12 antennas are six feet in height and 12 feet wide as this was misleading. It is his understanding there are several arrays that are spaced appropriately for the frequency involved and in between there is a lot of space. Staff stated that was correct. The description in the staff report describes the entire envelope. 4. Chairman Abels asked if the applicant would like to address the Commission. Ms. Polly Johnson, representing AT & T Wireless Services, stated she was available to answer any questions. 5. Chairman Abels asked if there were any questions of the applicant. Commissioner Tyler asked if all the facilities they intend to use meet all the current standards of the FCC and if this tower required an obstruction light to meet the FAA requirements. Ms. Johnson stated they were licensed by the FCC and met all requirements and no light was required at this height according to 413 00t2, G:\WPDOCS\PC8-28-01.wpd 2 Planning Commission Minutes August 28, 2001 the FAA. Commissioner Tyler stated he would like a condition added that if the FAA require a strobe light they be required to install one. 6. Chairman Abels asked if anyone else would like to speak on this item. There being no further discussion, the public participation portion of the hearing was closed and open for Commission discussion. 7. Commissioner Robbins stated his only objection was the proliferation of towers in the City. 8. Commissioner Kirk stated he had the same concern, but at the same time, if there was a good location for a tower, this was it. 9. Commissioner Butler asked if there would ever be a shared site on the towers. Ms. Johnson stated AT&T is only planning on the antennas at the top. Their landlord, IID, is possibly planning on adding some more of their radio equipment for additional carriers. The tower was designed to carry other carriers. 10. Commissioner Tyler stated his concurrence that this was a step in the right direction to allow other carriers to utilize their tower. 11. Commissioner Kirk asked if a condition could be added requiring them to allow other carriers. Assistant City Attorney John Ramirez stated he would have to look at the Tele-communications Act before he could comment. Principal Planner Fred Baker stated AT&T has stated the future locations are not being requested for at this time. If they want to expand their antenna service they will, if the landlord agrees; but at present the intent is to rent them to another carrier. 12. Commissioner Robbins suggested that instead of continuing to approve numerous towers, the Commission should approve multiple use sites throughout the City and not have the large proliferation of towers. 13. Commissioner Kirk suggested a condition be added encouraging co -location by AT&T assuming it did not conflict with the FCC Act. Assistant City Attorney John Ramirez stated this approach appears to be innocuous and he has no .problems. He would 414 3 G:\WPDOCS\PC8-28-01.wpd 3 Planning Commission Minutes August 28, 2001 suggest staff and the City Attorney's office work together to provide information to the Commission at the next meeting in regard to the rules governing towers/antennas. 14. Commissioner Kirk asked that staff fashion an appropriate condition that furthers the spirit of a co -location idea. 15. There being no further discussion, it was moved and seconded by Commissioners Butler/Tyler to adopt Planning Commission Resolution 2001-105 certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001-427 as submitted. ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSTAIN: None. ABSENT: None. 16. It was moved and seconded by Commissioners Kirk/Robbins to adopt Planning Commission Resolution 2001-106 approving Conditional Use Permit 2001-062, as recommended. a. Condition #10: Policy statement added supporting, co - location with the permission of IID. ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSTAIN: None. ABSENT: None. C. Conditional Use Permit 2001-065; a request of WalMart Store #1805 for review of a request to allow 43 metal containers for the temporary storage of holiday merchandise from September 1, 2001 through January 15, 201, on the north and west sides of the existing store within Specific Plan 89-014 for the property located at 78-960 Highway 1 1 1 within the One Eleven La Quinta Shopping Center. - 1 . Chairman Abels opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. Commissioner Tyler asked the at aisle widths be clarified to state 415 aisle widths between groups of containers. In addition, does this permit allow them to have the storage bins every year. Sta40 4 G:\WPD0CS\PC8-28-01.wpd 4 Planning Commission Minutes August 28, 2001 stated yes, this would allow them to place the storage bins every year for the same time for up to 43 containers. If they wanted to make any changes, they would have to come back to the Planning Commission for an amendment. 3. Commissioner Butler asked if the City had received any complaints in regard to the removal of the containers. Staff stated there had not been no issues raised by the City's Code Compliance Department. Commissioner Butler stated he would prefer them come back each year rather than giving a blanket approval. 4. Commissioner Kirk asked how many containers are out there today. Staff stated none. Commissioner Kirk asked if staff had heard of any expansion plans by WalMart for a permanent solution to the problem. 5. Commissioner Robbins asked staff to clarify how many containers would be on site. Discussion followed regarding the number of containers to be placed on site. 6. Chairman Abels asked if the applicant would like to address the Commission. Mr. Robert Schneider, representing WalMart, stated he was available to answer any questions. 7. Chairman Abels asked if there were any questions of the applicant. Commissioner Kirk asked if there were any plans for expansion. Mr. Schneider stated a WalMart/Sams Club was to be constructed at the Monterey exit from Interstate 10 and it would affect this store significantly and may eliminate their need for the trailers in the future. They are still studying the feasibility of enlarging the building or turn it into a super center. 8. Chairman Abels asked if anyone else would like to address the Commission on this issue. There being no further public comment, Chairman Abels closed the public participation portion of the hearing and opened the project for Commission discussion. 9. Commissioner Robbins stated he had great concerns about approving this forever. He believes the containers to be unsightly and as their request last year was after the fact, he has no sympathy nor does he believes it has any affect on what they are approving for this year. If they are planning on new stores or 416 G:\WPDOCS\PC8-28-01.wpd 5 005 Planning Commission Minutes August 28, 2001 expanding this one, they may not have a need for the additional trailers in the future. Therefore, he would not want to grant an approval for more than one year. 10. Commissioners Kirk and Butler agreed. 11. Commissioner Tyler stated a condition should be added that nothing be placed, or stored on top of the containers. Second, a condition be added that prohibits the use of the temporary storage shelves inside the store. He also agrees that the approval should not be for no more than one year. Mr. Schneider stated he had no objections to the conditions as stated. 12. There being no further discussion, it was moved and seconded by Commissioners Robbins/Butler to adopt Planning Commission Resolution 2001-107 approving Conditional Use Permit 2001-065, subject to the findings and conditions as amended: a. Condition #2: Deleted and replaced with, "The storage units shall be removed by January 15, 2002. b. Condition #6: Nothing shall be placed on top of the storage containers. C. Condition #7: The use of make -shift temporary storage shelves above the standard shelving within the store is prohibited. ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSTAIN: None. ABSENT: None. D. Site Development Permit 2000-682, Amendment #2: a request of World Gym Palm Desert LLC, for approval of a second sign where one is allowed at the property located at 46-760 Commerce Court. 1. Chairman Abels opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. Commissioner Robbins asked if the logo was consistent with the national trademark logo, and he finds that contradictory to the 417 action taken by the Commission at the last meeting for the Self o08 G:\WPD0CS\PC8-28-01.wpd 6 Planning Commission Minutes August 28, 2001 Storage. Planning Manager Christine di lorio stated the Self Storage was to submit proof that the registered trade mark was the same as what they were proposing, and they were unable to do so. Whereas, World Gym has proven this is their registered trade mark. 3. Commissioner Kirk clarified the number of signs requested and asked what the rationale was to allow the second sign. Staff stated the location of the sign over the entry is not visible from the parking lot and the second sign would be visible. Commissioner Kirk asked if this would allow other tenants to apply for the second sign based on this finding. Staff stated this was specific to the criteria under "sign allowance for additional signs through the criteria alternative locations for the most effective use of graphic representation" in the Zoning Code. As this building is at the end of a cul-de-sac it did not have a sign visible from the cul-de-sac, so that was the recommendation for the additional. signs. Discussion followed regarding the criteria for additional signs. 4. Commissioner Kirk asked if there was a site plan and if there wasn't a better location where only one sign would best serve the applicant. Staff indicated where the signs would be located on the building. 5. Chairman Abels asked if the applicant would like to address the Commission. Mrs. Wanda Mataranga, representing World Gym, stated the sign was needed because the existing sign is not visible from Highway 1 1 1. However, they thought they were requesting a sign on the south elevation to be seen from Highway 1 1 1. 6. Chairman Abels asked if there were any questions of the applicant. Commissioner Kirk asked if they could only have one sign where would they want it. Ms. Mataranga stated it would have to be on the south side, but they would limit their visibility from the parking lot. 7. Chairman Abels asked if anyone else would like to address the Commission on this issue. There being no further public comment, Chairman Abels closed the public participation portion of the hearing and opened the project for Commission discussion. 418 007 G:\WPDOCS\PC8-28-01.wpd 7 Planning Commission Minutes August 28, 2001 8. Commissioner Robbins stated he was confused about having an application stating one location and the applicant wanting a different. He can understand the applicant's concern for visibility, but he is uncertain as to where the sign(s) should be, as this could set a precedent for future tenants. 9. Commissioner Kirk stated he too was concerned about sign proliferation. Obviously, the desire of the Commission is to give the tenant good visibility. Maybe they could allow the second sign for a specific period of time, or have them reduce the size of the entrance sign. 10. Commissioner Butler stated that approving two signs could be allowed with the possibility of relocating one of the signs in the future. 1 1 . Commissioner Tyler stated he agreed with the applicant that they needed visibility from Highway 111. He would recommend approving the sign request as submitted. 12. Chairman Abels stated he concurred with Commissioner Tyler. 13. There being no further discussion, it was moved and seconded by Commissioners Tyler/Butler to adopt Planning Commission Resolution 2001-108 approving Site Development Permit 2000- 682, Amendment #2, subject to the findings and conditions as amended: a. Condition #2: The raceway shall be painted to match the building. b. Condition #3: The second sign shall be located on the south elevation. ROLL CALL: AYES: Commissioners Butler, Tyler, and Chairman Abels. NOES: Commissioners Kirk and Robbins. ABSTAIN: None. ABSENT: None. E. Tentative Tract Map 30125 Amendment #1: a request of KSL Land Corporation for approval of a reconfiguration of 21 of 55 residential lots to encompass originally approved open space for the property located at the southeast corner of Eisenhower Drive and Avenue 50. 419 008 GAWPD0CS\PC8-28-01.wpd 8 Planning Commission Minutes August 28, 2001 1 . Chairman Abels 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. 2. Chairman Abels asked if there were any questions of staff. There being none, the applicant was asked to address the Commission. Mr. Chris Bergh, representing the applicant, stated they were in agreement with the conditions as recommended and was available to answer any questions. 3. Chairman Abels asked if there were any questions of the applicant. Commissioner Tyler asked how Lot 66 could be developed due to its size. Mr. Bergh explained it would be a standard unit like all the others. It is an odd shape on the corner which requires increased setbacks and as it is right behind the gate it is difficult to get into which is one of the reasons they left it as large as it is. 4. Chairman Abels asked if anyone else would like to address the Commission on this issue. There being no further public comment, Chairman Abels closed the public participation portion of the hearing and opened the project for Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Kirk/Robbins to adopt Planning Commission Resolution 2001-109 approving Tentative Tract Map 30125, Amendment #1, subject to the findings and conditions as recommended. ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSTAIN: None. ABSENT: None. F. Tentative Parcel Map 28334, Amendment #1 and Site Development Permit 97-608, Amendment #2: a request of KSL Land Recreation Corporation to amend Conditions of Approval pertaining to required off - site street improvements on Eisenhower drive south of Avenue 50. 1. Chairman Abels opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the 420 Community Development Department. 009 G:\WPD0CS\PC8-28-01.wpd 9 Planning Commission Minutes August 28, 2001 2. Chairman Abels asked if there were any questions of staff. Commissioner Butler asked if this was before them for "housekeeping" issues only. Staff stated yes. 3. Chairman Abels asked if the applicant would like to address the Commission. As the applicant had no comments and there were no questions of the applicant, Chairman Abels asked if anyone else would like to address the Commission on this issue. 4. There being no further public comment, Chairman Abels closed the public participation portion of the hearing and opened the project for Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Kirk/Robbins to adopt Planning Commission Resolution 2001 -110 approving Tentative Parcel Map 28334, Amendment #1, subject to the findings and conditions as recommended. ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSTAIN: None. ABSENT: None. 6. It was moved and seconded by Commissioners Robbins/Butler to adopt Planning Commission Resolution 2001 -11 1 approving Site Development Permit 97-608, Amendment #2, subject to the findings and conditions as recommended: ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSTAIN: None. ABSENT: None. Chairman Abels recessed the meeting at 8:04 p.m. and reconvened the meeting at 8:09 It was moved and seconded by Commissioners Robbins/Butler to reorganize the agenda to take Business Items A and B at this time. VII. BUSINESS ITEMS: A. Sian Permit 98-415. Amendment #1: a request of Ontario Neon for an amendment to a previously approved sign program for the One Eleven La 421 Quinta Shopping Center located at 78-630 Highway 1 1 1 (Stater Bros.). 010 G:\WPD0CS\PC8-28-01.wpd 10 Planning Commission Minutes August 28, 2001 1. Chairman Abels 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. 2. Chairman Abels asked if there were any questions of staff. Commissioner Tyler asked if this was a second business and where the 12 feet was measured from. Staff stated the applicant could answer his first question and in regard to the height, the 12 feet was measured from the sidewalk. 3. Chairman Abels asked if the applicant would like to address the Commission. Mr. Roy Courtney, representing the applicant, stated the applicant is an independent business and has a separate license and will occupy 430 square feet of the building. 4. Chairman Abels asked if there were any questions of the applicant. Commissioner Kirk asked if it was a separate company. Mr. Courtney stated he is unaware if Stater Bros. has any financial interest in the pharmacy, but he does know they do have a separate license. 5. Commissioner Tyler asked the applicant to describe the sign, which he did. 6. Chairman Abels asked if there was any other public comment. There being no further public comment, Chairman Abels closed the public participation portion and opened the item for Commission discussion. 7. Commissioner Kirk noted his objection to sign proliferation. 8. There being no further discussion it was moved and seconded by Commissioners Tyler/Butler to adopt Minute Motion 2001-014 approving an amendment to the sign program for Specific Plan 89- 014, subject to the findings and conditions as recommended. 9. The motion passed with Commissioner Kirk voting no. B. Specific Plan 99-036: a request of Peterson Slater and Osborne for modification to a previously approved sign program for the property located at 79-440 Corporate Center Drive, within La Quinta Corporate 499 Center. G:\WPD0CS\PC8-28-01.wpd 11 Planning Commission Minutes August 28, 2001 1 . Chairman Abels 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. 2. Chairman Abels asked if there were any questions of staff. There being none, Chairman Abels asked if the applicant would like to address the Commission. The applicant stated he was available to answer any questions. 3. Chairman Abels asked if there were any questions of the applicant. There being none, Chairman Abels asked if there was any other public comment. There being no further public comment, Chairman Abels closed the public participation portion and opened the item for Commission discussion. 4. There being no further discussion it was moved and seconded by Commissioners Robbins/Kirk to adopt Minute Motion 2001-015 approving an amendment to the sign program for Specific Plan 99- 036, subject to the findings and conditions as recommended. 5. Unanimously approved. Community Development Director Jerry Herman excused himself due to a possible conflict of interest and left the meeting. G. Specific Plan 2000-042, Amendment #1; a request of the La Quinta Arts Foundation for approval of an amendment to modify the parking lot lighting standards at the project located on the west side of Washington Street, between Avenue 47 and Avenue 48. 1 . Chairman Abels opened the public hearing and asked for the staff report. Planning Manager Christine di lorio and Planning Consultant Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. Commissioner Kirk asked staff to clarify the two photometric studies. Both were the same with the exception that one of the plans also included lighting for the artist's parking lot. 012 423 G:\WPDOCS\PC8-28-01.wpd 12 Planning Commission Minutes August 28, 2001 3. Commissioner Robbins asked staff to explain the difference between the two different type of light fixtures, bollards and poles. Staff asked that the applicant explain this. 4. Commissioner Tyler asked what color light would be put out by the bulbs proposed. Staff stated yellow. Commissioner Tyler asked if these lights would affect the traffic on Washington Street. Staff stated the study shows the light exposure to Washington Street is "0" due to the berm and light source. 5. Chairman Abels asked if the applicant would like to address the Commission. Mr. Frank Delaney, representing the applicant, gave his presentation on the project. He further stated they concurred with staff's recommendations and went on to explain the reason for the request. He then addressed the issues raised in the letter received from Wayne Guralnick, attorney for Laguna de la Paz homeowners and asked that the Commission either approve or deny the application to allow the project to continue going forward. They would not like to have the project continued. He then introduced Mr. Ralph Raya of MRC Associates, the electrical engineer consultant, who gave a presentation. 6. Chairman Abels asked if there were any questions of the applicant. Commissioner Kirk asked Mr. Raya to qualitatively explain the difference between the two photometric studies. Mr. Raya explained the difference. Commissioner Kirk asked what the difference was between the two light fixtures at the boundary with Laguna de la Paz. Mr. Raya stated they chose a light fixture that was totally shielded with the flat lens and amber lighting to reduce the amount of light. They did not increase the amount of lighting at the property line, or along Washington Street. They reduced the hot spots and foot-candles over the site. Commissioner Kirk asked how this entire project with either light source compares to the lighting along Highway 1 1 1. Mr. Raya stated landscaping lighting only lights a single area. This will have less foot-candles than the parking lot lighting at the corner shopping center. 7. Commissioner Tyler asked where the height of the fixtures was measured from. Mr. Raya stated it was measured at finish grade. The opening of the fixture is at 18 feet. 4 2 1t w. G: WPDOCS\PC8-28-01d 13 013 \ p Planning Commission Minutes August 28, 2001 8. Chairman Abels asked if anyone else would like to address the Commission on this issue. Ms. Marie Bochnewich, representing the HOA for Laguna de la Paz, stated they were requesting a continuance to allow them time to evaluate the proposal as one week is not adequate time to evaluate the lighting plan. 9. There being no further public comment, Chairman Abels closed the public participation portion of the hearing and opened the project for Commission discussion. 10. Commissioner Robbins stated he shares the concerns of the HOA, but also shares the safety concerns of the City and Arts Foundation. He concurs with the light study as presented and as the application will not be taken to the City Council for a month it will allow them ample time to have their study completed. 1 1 . Commissioner Kirk stated he was supportive of the bollard lighting when the project was originally approved. However, he did hope the Laguna de la Paz lighting consultant could come up with an alternative lighting program utilizing the bollard lighting. He also concurs there is ample time for the homeowners to conduct a study prior to the City Council meeting. 12. Commissioners Butler, Tyler, and Chairman Abels stated they concurred with the statements made. 13. There being no further discussion, it was moved and seconded by Commissioners Robbins/Kirk to adopt Planning Commission Resolution 2001-1 12 approving Specific Plan 2000-042, Amendment #1, subject to the findings and conditions as amended: a. Condition #2: "...and the light fixtures shall be a maximum of 18-feet in height." ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSTAIN: None. ABSENT: None. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. 014 425 G:\WPD0CS\PC8-28-01.wpd 14 Planning Commission Minutes August 28, 2001 IX. COMMISSIONER ITEMS: A. Commissioner Butler asked staff about the letter regarding the Community Park. Discussion followed. Staff stated this would be on the next Planning Commission agenda. B. Commissioner Tyler gave a report of the City Council meeting of July 19, 2001. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Tyler/Butler to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held August 28, 2001, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:48 p.m. on July 24, 2001. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California 4'' t. G:\WPD0CS\PC8-28-01.wpd 15 015 REPORT/INFORMATIONAL ITEM: I ri INVESTMENT ADVISORY BOARD Meeting July 19, 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, Olander, Mahfoud, Moulin and Felice ABSENT: Board Member Mitchell OTHERS PRESENT: Amy Swan -Draper, Accounting Manager and Vianka Orrantia, Secretary. II APPOINTMENT OF OFFICERS A. Board Member Lewis nominated Board Member Mahfoud for Chairperson, motion was seconded by Board Member Olander. Motion carried unanimously. B. Board Member Lewis nominated Board Member Moulin for Vice - Chairperson, motion was seconded by Board Member Olander. Motion carried unanimously. III PUBLIC COMMENT - none IV CONFIRMATION OF AGENDA V CONSENT CALENDAR 1. Board Member Lewis/Olander moved to approve the Minutes of the June 13, 2001 Investment Advisory Board Meeting as submitted. Motion carried unanimously. 1 427 Investment Advisory Board July 19, 2001 Minutes VI BUSINESS SESSION A. Transmittal of Treasury Report for May 2001 Board Member Lewis asked if the City received property tax money in May? In response to Board Member Lewis, Ms. Swan -Draper replied that the County property tax monies were received on May 241h. Board Member Lewis stated that $9 million dollars seemed like a big jump for investments. Board Member Moulin commented on the current ending balance, at $75 million and commented that it looks like it will continue to grow, will it be larger at the end of June. In response to Board Member Moulin, Ms. Swan -Draper replied that due to construction costs payments the ending June 30t' balance is estimated to be $68 million. In response to Chairman Mahfoud, Ms. Swan -Draper stated that she did not know the construction schedule for the Hwy 111 / Washington project. Board Member Lewis stated that Federal Board Chairman Greenspan indicated there is a good chance of another rate cut. Chairman Mahfoud asked if there were no other comments for a motion to accept the Treasury Report . Board Member Lewis/Osborne moved approval of the Treasury Report for May 31, 2001. Motion was carried unanimously. B. FY 2001 /2002 Meeting Schedule Board Member Moulin/Olander moved to accept the monthly schedule with the exception of the August 8" date. Motion carried unanimously. VII CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report - June 2001 Board Member Osborne asked if the changes were been made to the Wells Fargo Bank Account on the Sweep Account for the Dreyfus Fund? In response to Board Member Osborne, Ms. Swan -Draper replied that Mr. Falconer is working on a staff report for the City Council to set up the Dreyfus Sweep Account and after they will take action and then we will be able to move forward. Discussion ensued between the Board Members about the inverted yield curve. Board Member Moulin/Lewis moved to receive and file the Month End Cash Report. Motion was carried unanimously to receive and file the Month End Cash Report for June 2001. 2 4:8 Investment Advisory Board July 19, 2001 Minutes B. Pooled Money Investment Board - May 2001 Board Member Lewis commented that the yield from May 2000 to May 2001 dropped almost a full percentage and over half of that drop was from April to May, in 2001. Board Member Olander "commented that LAIF has moved funds from Commercial Paper into Certificates of Deposit and asked if any Board Member knew the criteria for selecting the banks for the time deposits and if the size of the bank had any basis for selection? Board Member Lewis stated that his understanding that there is no criteria and the selection process is very political in selecting time deposits. Board Member Lewis also stated that there are "big banks" located in the valley, but there are a lot more community banks' receiving a great deal of money. Board Members Lewis stated that Valley Independent Bank received $ 27 and a half million, he felt that was a great deal of money for a bank of its size. Board Member Moulin stated on page 12, where the medium term notes are listed, he pointed out that they have yields considerably higher and have gone out in several years of maturity. Board Member Lewis stated that he also noticed that they had a great deal of time deposits that were taken out in May, that were being paid considerably below market rate. Chairman Mahfoud asked if there were any other comments. No further comments were made. C. Distribution of Investment Policies for Fiscal Year 2001 /2002 Board Member Osborne stated that on the table on Page 18 the LAIF percentage should be updated from 15% to 20%. Ms. Swan -Draper made a note to revise the chart. No further comments were made. VIII BOARD MEMBER ITEMS Chairman Mahfoud stated that he was in attendance at the June City Council Meeting when the Investment Policy was considered, and noted that two Council Members did not vote to approve the Investment Policy over concerns with the LAIF percentage. Board Member Moulin read from the June Meeting minutes excerpts of the Council Meeting regarding LAIF and said he believed that the Council was in general support of the policy, except for two Council Members (Perkins and Henderson) who would support 15% versus 20% for LAIF. Chairman Mahfoud suggested that the Council Members attend an 3 429 Investment Advisory Board Minutes July 19, 2001 Investment Advisory Board meeting to discuss their concerns in regard to LAW to which Board Member Olander concurred and believed that the Council Members should be informed as to why the Investment Advisory Board came to the decision with the increase of 20% in LAIF. Board Member Lewis suggested that a semi-annual or annual meeting with the City Council Board to discuss issues and/or concerns would be beneficial and informative. Ms. Swan - Draper stated that this message will be conveyed to Mr. Falconer. Board Member Moulin also suggested that Mr. Falconer develop the history behind the decision of LAW and its percentage. Board Member Olander stated that LAW is outperforming other instruments for investment purposes because of declining interest rates. Board Member Lewis and Felice stated that a joint meeting is in order. Board Member Felice stated that the City is very limited in the number of investments it can invest in. No further comments were made. IX. ADJOURNMENT MOTION - It was moved by Chairman Mahfoud to adjourn the meeting at 6:03 p.m. Motion carried unanimously. Submitted by, Vianka Orrantia Secretary 4 �JW REPORT/INFORMATIONAL ITEM: Ig MINUTES HISTORIC PRESERVATION COMMISSION MEETING A regular meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA July 19, 2001 This meeting of the Historic Preservation Commission was called to order by Chairman Robert Wright at 3:03 p.m. who led the flag salute and asked for the roll call. I. CALL TO ORDER A. Pledge of Allegiance. B. Roll Call. Present: Commissioners Irwin, Mitchell, Puente, Sharp, and Chairman Wright. Unanimously approved. Staff Present: Planning Manager Christine di lorio, Principal Planner Stan Sawa, and Secretary Carolyn Walker. C. Election of Chair and Vice Chair. It was moved and seconded by Commissioners Irwin & Chairman Wright to nominate Maria Puente as Chair. There being no other nominations, the nominations were closed and Maria Puente was unanimously elected Chair. It was moved and seconded by Chairman Wright and Commissioner Mitchell to nominate Barbara Irwin as Vice Chair. There being no other nominations, the nominations were closed and Barbara Irwin was unanimously elected Vice Chair. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Mitchell/Puente to approve the Minutes of June 21, 2001 be corrected on Page 1, Business Item A.1. to read "Stan Sawa". Unanimously approved. 431 PACAR0LYMHPC7-19-01.wpd -1- O 0 2 Historic Preservation Commission Minutes July 19, 2001 V. BUSINESS ITEMS A. Conditional Use Permit 2001-061 and Site Development Permit 2001- 706; a request to install a wireless communication monopalm and construction of a 1,002 square foot equipment building at 49-499 Eisenhower Drive, within the La Quinta Resort and Club. Applicant: AT & T Wireless Services - Historic Consultant: CRM TECH (Bruce Love). 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Sharp asked what type of repair and maintenance would be required on the monopalm; specifically, in the case of a windstorm. 3. Ms. Johnson representing Planning Environmental Solutions for AT & T advised they would replace any palm fronds blown off in a windstorm. 4. Mr. Tom Tang, Historian/Architectural Historian representing CRM TECH, introduced himself and offered to answer any questions. 5. Commissioner Irwin commented she liked the building design, but asked why an antenna could not be built into the building instead of erecting a monopalm since it does not conform to the standards of the Historic District. 6. Commissioner Sharp concurred with her reservations and asked if there was a reason this particular antenna had to be 65 feet tall instead of six. 7. Commissioner Irwin asked if the communications antennas could be disguised any other way. 8. Ms. Johnson replied the use of palm fronds in the monopalm design does disguise the towers effectively. 9. Planning Manager di lorio stated a monopalm had been previously approved adjacent to the back of the La Quinta Resort and Hotel Ballroom under a Section 106 filing. 432 PACAROLYN\HPC7-19-01.wpd -2- 003 Historic Preservation Commission Minutes July 19, 2001 10. Commissioner Irwin commented initially there was a proposal to add a tower on the ballroom roof which would have been attractive. She is disappointed to see a satellite dish on Obregon Street in this Historic District. 11. Commissioner Puente agreed with staff and asked if there were any other design possibilities 12. Ms. Johnson answered the technology they were using was as current as possible. Originally, when cell sites were constructed they had monopoles with the antennas sticking out. She then commented on a photo study which was passed around. 13. Planning Manager di lorio told the Commission she had been discussing these same concerns with other communication companies. Other alternatives had been proposed that included the needs of the Hotel and factored in the location of various sites. 14. Commissioner Irwin stated all of the Hotel grounds were included in the Historical District. Selected areas should not be slighted. All areas should be given the same consideration as was given to the new building, in conformance with the District standards. 15. Planning Manager di lorio confirmed this site is surrounded by buildings built in the 80's. She then mentioned an alternative flag pole design she had seen. 16. Ms. Johnson said the flag pole design wasn't proposed because it would not have blended with the other palm trees. She then drew a sketch of what a flag pole antenna would look like. 17. Commissioner Mitchell concurred with staff's recommendations. 18. Chairman Wright stated he was happy to have the technology in La Quinta. He added when technology changes, the monopalm would be replaced with something smaller, but this site was needed now. 19. Commissioner Irwin wanted to know when the Commission would have an opportunity to re -address the issue. She asked if it would it ever come back to the Commission, especially if the applicant needed to update or change their equipment. 433 004 P:\CAR0LYN\HPC7-19-01.wpd -3 - Historic Preservation Commission Minutes July 19, 2001 20. Planning Manager di lorio stated the applicant was currently processing a Conditional Use Permit. Staff was not recommending a time limitation or re -visitation of the Conditional Use Permit. The Commission could recommend a time limitation as a condition of approval to the Planning Commission. If the applicant was in violation of the Conditional Use Permit at anytime, it could be revoked. 21. Chairman Wright asked if a revision to the Conditional Use Permit would cause any additional costs to the applicant. 22. Planning Manager di lorio answered yes; the time extension fee is $1,000. 23. Commissioner Sharp asked what would happen if the applicant wanted to change the design before the Conditional Use Permit expired. 24. Ms. Johnson replied they would come back and remove the monopalm. 25. Chairman Wright said technological changes would prevent obsolete equipment from remaining since the applicant would be competing with other communications companies. He believed the good outweighed the temporary bad of the situation. 26. Commissioner Irwin stated it bothered her that Chairman Wright was using the word "temporary". 27. Chairman Wright stated he was very much in favor of the Historical District and in keeping it as historical as possible. However, he was not in favor of sacrificing this technology because of something that might be temporary. He used the example of television antennas that are now obsolete because of technological advances. 28. Commissioner Sharp agreed with that example. P:\CAROLYN\HPC7-19-01.wpd -4- 005 434 Historic Preservation Commission Minutes July 19, 2001 29. There being no further discussion, it was moved and seconded by Commissioners Puente/Mitchell to adopt Minute Motion 2001-012 recommending approval of the Addendum to Historical/Archaeological Resources Survey and Testing Report - Vista Montana Development, located at the northwest corner of Eisenhower Drive and Calle Tampico. Motion approved with Commissioner Irwin voting no. VI. CORRESPONDENCE AND WRITTEN MATERIAL VII. COMMISSIONER ITEMS A. Commission unanimously voted to go dark in August. VIII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Puente/Irwin to adjourn this meeting of the Historic Preservation Commission to the next regularly scheduled meeting to be held on September 20, 2001. This meeting of the Historical Preservation Commission was adjourned at 3:22 p.m., July 19, 2001. Unanimously approved. Submitted by: Carolyn Walker Secretary 435 PACAR0LYN\HPC7-19-01.wpd -5- 006 DEPARTMENT REPORT: 5-A SEPTEMBER 19 SEPTEMBER 25 OCTOBER 2 OCTOBER 16 NOVEMBER 6 NOVEMBER 20 DECEMBER 4 DECEMBER 18 JANUARY 1 JANUARY 15 CITY COUNCIL'S UPCOMING EVENTS JOINT CITY COUNCIL/PLANNING COMMISSION PUBLIC HEARING - GENERAL PLAN SPECIAL JOINT CITY COUNCIL MEETING WITH CITY COMMISSIONS/BOARDS CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 436 September 2001 Monthly Planner 1 2 3 4 5 6 7 8 City Council 10:00 AM ALRC 12:00 PM Mayors Meeting- Lunch 14 Cancelled Labor Day (City Hall Closed) Labor Day Holiday 9 10 11 12 13 14 15 10:00 AM Public 7:00 PM C.V. 9:00 AM League 7:00 PM Cultural Safety -Perkins Mosquito Abate. of Cities- Arts Commission 12:45 PM -Perkins Riverside Div. Transp.- Perkins 7:00 PM Planning 9:00 AM RCTC- 6:00 PM League Commission Pena of Cities-Riv.Div. Meeting 5:30 PM Invest- 7:00 PM Commu- ment Advisory nity Services Board Commission ea ue o Calif. Cities Annual Conterence - Sacramento 16 17 18 19 20 21 22 12:00 PM Energy/ 9:00 AM CVB- 7:00 PM Joint 3:30 PM Historic Envi-Sniff Henderson City Council/ Preservation 2:00 PM City Planning Commis Commission Council Meeting sion Public Hear- ing - General Plan 23 24 25 26 27 28 29 2:30 PM RCTC 5:00 PM Special 9:00 AM CVAG 9:00 AM LAFCO- Budget-Pena Joint City Coun- Human/Comm.- Henderson 6:00 PM CVAG- cil Meeting with Adolph Exec Com-Pena Commissions/ 4:00 PM DRRA Boards Airp-Henderson 7:00 PM Planning Commission Meeting 30 August S M T W T F S rl 'ti October S M T W T F S 1 2 3 4 1 2 3 4 5 6 k ' 5 6 7 8 9 10 11 7 8 9 10 11 12 13 Y? 1 .... 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 = Y { 26 27 28 29 30 31 28 29 30 31 Printed by Calendar Creator Plus on 9/10/2001 437 October 2001 Monthly Planner 1 2 3 4 5 6 2:00 PM City 10:00 AM ALRC 1. Council Meeting 7 8 9 10 11 12 13 10:00 AM Public 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM Energy/ Safety -Perkins Mosquito Abate. Pena Envi-Sniff 12:00 PM Transp. -Perkins 5:30 PM Invest- 7:00 PM Cultural -Perkins 7:00 PM Planning ment Advisory Arts Commission 6:00 PM League Commission Board of Cities-Riv.Div. Meeting 7:00 PM Commu- nity Services Commission 14 15 16 17 18 19 20 9:00 AM CVB- 3:30 PM Historic Henderson Preservation 2:00 PM City Commission Council Meeting 21 22 23 24 25 26 27 2:30 PM RCTC 7:00 PM Planning 12:00 PM CVAG 9:00 AM LAFCO- Budget-Pena Commission Human/Comm- Henderson Meeting Adolph 4:00 PM DRRA Airp-Henderson 28 29 30 31 R ` 6:00 PM CVAG- Exec Com-Pena September November S M T W T F S S M T W T F S Daylight Savin s g Halloween 1 2 3 2 3 4 5 6 7 8 4 5 6 7 8 9 10 Time Ends 9 10 11 12 13 14 15 11 12 13 14 15 16 17 16 17 18 19 20 21 22 23 24 25 26 27 28 29 18 19 20 21 22 23 2 4 30 25 26 27 28 29 30 Printed by Calendar Creator Plus on 9/10/2001 438 November 2001 Monthly Planner 3 12:00 PM Mayors October December Lunch S MT W T F S F30 MT W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 3 4 5 6 7 8 14 15 16 17 18 19 20 10 11 12 13 14 15 21 22 23 24 25 26 27 17 18 19 20 21 22 24 25 26 27 28 29 28 29 30 31 �; Y31 4 5 6 7 8 9 10 2:00 PM City 10:00 AM ALRC 12:00 PM Energy/ Council Meeting Envi-Sniff 7:00 PM Cultural Arts Commission Election Day 11 12 13 14 15 16 17 Veteran's Day IL 31 7:00 PM C.V. Mosquito Abate. -Perkins 9:00 AM RCTC- Pena 5:30 PM Invest- 3:30 PM Historic Preservation Commission 7:00 PM Planning ment Advisory Veteran's Day Observed Commission Meeting Board (City Hall Closed) 19 20 21 22 23 24 9:00 AM CVB- Henderson 2:00 PM City Council Meeting Thanksgiving Thanksgiving Day (City Hall Holiday (City Closed) Hall Closed) 26 27 28 29 30 2:30 PM RCTC 7:00 PM Planning 12:00 PM CVAG Budget -Pena Commission Human/Comm- 6:00 PM CVAG- Meeting Adolph Exec Com-Pena 4:00 PM DRRA Airp-Henderson Printed by Calendar Creator Plus on 9/10/2001 439 DEPARTMENT REPORT: 4'A Iry 4 stP Qumr4 MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety ?• 14- DATE: September 18, 2001 RE: Monthly Department Report - August 2001 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and business licenses for the month of August. The reports depict the following highlights: • Year to date building permit valuation is $145,639,969.05 which represents an issuance of 2,447 building permits through August; • 2,057 animal control cases have been handled through August; • 1,881 code compliance cases have been initiated through August; • 18 new licenses were issued to La Quinta based businesses in August. 440 0 8 c 8 0 8 8 8 8 8 8 0 8 0 o S 8 Q N Vo of rn o 69 cfl v o 69 0 69 0 69 0 69 0 69.69 0 0 69 0 69 0 69 0 69 0 69 0 � 0 69 0� 69 P- C6 g 69 c(D 69CNf Q U � J OR 0- 0 0 0 0 0 0 0 0 0 0 0 0 0 00) a z co rn 0 6A. (o v 0 69 0 69 0 69 0 69 o 69 0 69 0 69 0 69 0 69 0 69 0 (69 0 69 0 69 0 69 4 CM —z aO N r- (A cn (D t0 v to 0 O O to O co rE 8 p O r- (� 00 M to a)00 to M LO M Q) (35 � 09 to N (o O w r- v v O (D O � 00 N 0 v 1- (D r- 0o O 00 g a oo p N 00 N O lqi (O T- t) to N 69 (M O ".: M 69 O O 6 O 1 00 If N V 00 t- N to W) ti WM O O v 69 69 64 M N69 69 .- EA 64 T- 6F! 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o M 00 ai rn p O p 0 o 0 tri v oo Q Q p 0 m ti co (fl o 6H Q 0 6 0 o CN O N N M O M (A N (O r- N t0 0 z0 O 00 C7 Ln (O N C6 O C6 69 N (O N to N C6 69 C6N (0 69 O (O N 00 O 1` r.: O Cr) M v 6H 69 69 6i? 69 6H 69 69 69 N L � 69 � 69 r EFT 6q v � O T- (O T- to CM N M O N to .- v to O v co N O to co N to co N v (fl It O G rn v to W) N � J W O V- O 00 M � ti 00 00 � v 00 (O 00 0 O LO v 00 O M (0 lO t- N — � ( W 1O N H z J CD Z F- w U W L J Z a= w �00LU J X Q o p 0NF-� O 00 M aoo N "� �O��o0'0 Z h- O O Q W W 0 M J 0 Q J } ,J Q z O J z O uJ U J Q J a tL QJ LL Q U H Q v U Z C� z Q m O H Z g O Q LL U it z z C� O JZ Z m O w O w U Q J O LLJ U JQ~ a go - -j U w O UQQO OO www (2 m Uw 2 a0 m O w w 441 0 2 ANIMAL CONTROL REPORT FOR: Aug, 2001 Steve Alexander, Moises Rodarte, and Jackie Misuraca ANIMAL PICKUPS YEAR TO YEAR TO INCIDENTS Aug DATE 01 DATE 00 HANDLED Aug Dogs Alive 26 275 300 Bite Reports 3 Dead 7 44 77 Animal Trap OTI 1 23 0 Set Ups 5 Cats Alive 15 Dead 6 OTI 3 Other Animals Alive 8 Dead 6 TOTAL ANIMALS 152 109 Cruelty to 46 56 Animals 3 0 82 52 59 70 YEAR TO YEAR TO DATE 01 DATE 00 23 16 60 59 0 7 Vicious Animal Restraining 0 0 Special Hour Patrols 7 78 Alive 49 509 461 Zoning Dead 19 149 203 Violations 0 14 OTI 4 26 0 Lost & Found 16 263 TOTAL ANIMALS REMOVED Animal Rescue 1 9 72 684 664 Outside Agency--0- 0 City Reclaims 7 77 Other 8 126 TOTALS 47 657 VIOLATIONS: No Owner Warnings Citations Dogs at Large 28 2 19 Noise Disturbance 0 0 0 Defecation removal 0 0 0 License Violation 0 1 18 Other 0 0 0 Monthly Total 28 3 37 YEAR TO DATE 217 23 476 TOTAL MONTHLY INCIDENTS HANDLED: Aug 01- 187 / Aug 00 - 209 YEAR TO DATE INCIDENTS HANDLED: Augg� 1 - 2,057 / Augg� 0 - 1,780 9 1 120 in 09 228 25 13 64 121 660 442 003 CODE COMPLIANCE REPORT FOR: Aug. 2001 Aug. 01 YEAR TO DATE 01 YEAR TO DATE 00 ABATEMENTS: Nuisance Abatements Started Weed Abatements Started Vehicle Abatements Started Dwelling Abatements 70 10 117 Started 0 TOTAL STARTED 197 TOTAL COMPLETED 152 Home Occupation Inspections 10 Business License Inspections 0 Garage sale permits Issued 87 967 95 814 5 1881 1462 71 13 971 493 105 728 59 1385 1615 96 143 1037 443 '4 �Y V- � .- V- T- T- .- � V- � T- V- V- � .- V- .- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000000000000000000 N N N N N N N N N N N N N N N N N N M O o,RT I- ti W 4 4r- e- O CO o N` N` m N O N 100 00 ao M O ao M M O M ao 00 00 a0 ao a0 ao 00 J Q U_ W 0 U O Q I- Z d W W Q w W 0 0 (DZUtYI-.U) U < <�� Z f.-ZV ZO I- W=Z W (D F-U OZ W Y00w0 Z - < Z C) -� Of 0 UY>�, JZm �W UY W wOwmw �20awz �Q o Qowwwoom��o<Lr)zm S I - "-wZ<— wwwO�z-o yw��WWwWDWwWWQQ��s S a Q Y U W T Q fv_I(n �Zm>F-U dCOOJI-I- >ZZ_ZZ_ZZ_Z_ZZ_Z_ZZZ_ZZZ_Z_Z_ �C�CIC�ICICJC�C�C�C�C�C'1C�CJC�C�C�C�C'1 _<jg_<j _<j w w I— D N W W D o 0 � EEU m w w v c)pof0of Q U Jw O O �3:(n29v_)W.-N O�Q � 2 Z m Z H 0 m W Q 0 m Q 0� 0 D H H (n W ofJ Z J 0 m Z Z m Z W o w J J L Q O Q> Q o Q F> w Z Q X Q SSW UQUm2UfASQ ?mU0U M O O O O O O O CO O O d' to O O M o m o ,p mot' W to to CO t W qt to W N W T- to to �t d I O to 0 — O e- Oq � to ti WON N O.- too 0 Nt r- tN 1-� 1- Iq�� to � 1- 0 r� r- d W _Z U a w _w U �XU C7 Z U)WZ C/) U Q z U Z CD U Z Z W U t!)�QS>FQ- CD Z �of z w S Z� Of Z U M Z O Q _ QNOmcwD �rn�� 1- N o W W Z ui n C) O M < W J F- ~ c� a Y U cu04 w`—��LL(n>g�CLXW<wo) acr _.��0<Wz�o�ZmoW�v w� �a E��wow<�H�c�n°�� Qa m<ZwQ- >w� �� O0 O c� tnUw�W- CWS>- zUZWZWU >.'vn c =00mow<o�-mafy Oa-- C) U m Z alw 06 Q ZO O W� Q¢= Q w0 Q W Q p W w 70 Q m m m m U W LL. c� S�-3 Z a W I- 01* IqM —MOWOO ao �tNo0 C — W� — qct M O � M Ito O d qt qct In O 00 to to CO to to o to to cM to M N CO 0 M CO e- M CO 0 M CO CO O 0 CO N (O .0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 5 DEPARTMENT REPORT: 57' Opp • 44a IvconemuMG�� > OF Y TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERKY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR v DATE: SEPTEMBER 18, 2001 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF AUGUST 2001 Attached please find a copy of the Community Development Report which outlines the current cases processed by staff for the month of August. 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C N U E a- 31. -j U) U)OC Y c(n—i cZU >w I— W) 449 H O a W D Q F— F— V W n O cc a. J Q U W G. O N O O O `- O O CL C ^ O CV) O C E O 00 O O O as U CD s CD O O m o in N N co N O \ O 00 O O E OR go, *0-9, "OR 'of 'OR V O 0-01 Lo o O'.. LO O o o� o 0 0 o O E U Q M O cD > t0 O O v> J CD M O H O W O t� O x O 0 a �, c c c a a Q O ++ = a� 'a aci c v- o e� O W a° a C cm o c cc '_ 'vs .0• O cCo s � r O a a O C> > C7 Q W C7 W Z o?! a� c m o O Z LL C �.• C ++ U s o, c H 2 E CL E o (a U C 2 a 450 -T- DEPARTMENT REPORT: Co -A o jYCORYOPA7FD OF T9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY C UNCIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECTO DATE: SEPTEMBER 18, 2001 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF AUGUST 2001 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF OCTOBER 2001: Oct 1 *Monthly Putting Contest Oct 8 *New Knitting Class Oct 9 *Free Blood Pressure, Glucose and Cholesterol Screening Oct 11 *Free Legal Consultation Oct 13 Excursion to Catalina Island Oct 13 Mastering Microsoft Excel Oct 13 Develop the Ultimate Theme Treasure Hunts, Senior Center Oct 16 Karate Class for Kids, La Quinta High School Oct 16 Taekwondo Self Defense Class, La Quinta High School Oct 16 Drawing for Intermediate Levels, Senior Center Oct 16 Women's Self Defense Class, La Quinta High School Oct 16 *New Novice Bridge Class Oct 17 *Free Hearing Consultation Oct 17 Adobe Photoshop Elements, Senior Center Oct 18 *Free Medicare and Insurance Counseling Oct 18 *Healthy Cooking Class Oct 19 *Free HI -CAP Counseling Oct 20 2 on 2 Grass Volleyball Tournament, Adams Park Oct 20 Excursion to Oktoberfest in Big Bear Oct 22 Soul Motion Movement Class, Senior Center Oct 22 The Joy of Motion for Youth, Senior Center Oct 22 The Basics of Oil Painting, Senior Center Oct 23 *CPR Class Oct 24 Investments in Stocks, Senior Center Oct 25 *Oktoberfest Luncheon Oct 26 Tiny Tot Halloween Carnival, Senior Center Oct 27 English Riding Lessons, Private Horse Ranch Oct 27 Youth Excursion to Pharaoh's Lost Kingdom Oct 29 Beginning Computers, Boys & Girls Club Oct 29 Classic Ballroom Dance, La Quinta High School Oct 30 *AARP Mature Driver's Course Oct 31 Latin Ballroom Dance, La Quinta High School * Senior Center Program, Daytime Class or Event 451 Community Services Department Attendance Report for the Month of August 2001 Summary Sheet Program 2001 2000 Variance Meetings Per Month 2001 2000 Leisure Classes 56 50 6 9 5 Special Events 211 46 165 6 1 Adult Sports 161 150 11 8 9 Senior Center 1223 923 300 97 67 Total 1651 1169 482 120 82 Senior Services Senior Center 411 393 18 7 5 Total 411 393 18 7 5 Sports Complex Use La Quinta AYSO 400 200 200 5 5 Total 400 200 200 5 5 Total Programs 2,462 1,762 700 132 92 Volunteer Hours Senior Center 618 677 -59 Meals on Wheels 69 69 0 Total Volunteer Hours 687 746 -59 Monthly Revenue Senior Center $ 2,571.00 $ 3,628.50 $ (1,057.50) Community Services $ 2,189.00 $ 3,081.00 $ (892) Rental Income $ 440.00 $ 1,940.00 $ (1,500.00) Total Revenue $ 5,200.00 1 $ 8,649.50 1 ($3,449.50) Revenue Year to Date Senior Center $ 6,417.00 $ 6,176.50 $ 240.50 Community Services $ 6,722.00 $ 7,377.00 $ (665.00) Rental Income $ 2,465.00 $ 2,949.00 $ (484.00) Total Revenue to Date 1 $ 15,604.00 1 $ 16,502.50 1 $ (908.50) 459 C, 0 2 Community Services Program Report for August 2001 2001 2001 2000 2000 2001 2000 Participants Total Participation Participants Total Participation Variance Meetings Meetings Leisure Classes Microsoft Excel 7 7 10 10 -3 1 1 Beginning Computers 6 24 10 40 -16 4 4 Italian for Travelers 13 13 0 0 13 1 0 Summer Art Blast 2 4 12 0 0 12 3 0 Totals 30 56 20 50 6 9 5 2001 2001 2000 2000 2001 2000 Participants Total Participation Participants Total Participation Variance Meetings Meetings Special Events Disney's CA. Adventure 13 13 0 0 13 1 0 Desert Willow, Mt. View 37 37 46 46 -9 1 1 Long Beach Aquarium 24 24 0 0 24 1 0 Landmark Golf Club 34 34 0 0 34 1 0 Fashion Island Trip 8 8 0 0 8 0 0 Indian Wells CC 46 46 0 0 46 1 0 Indian Springs CC 49 49 0 0 49 1 0 Totals 211 211 46 46 165 6 1 2001 2001 2000 2000 2001 2000 Participants Total Participation Participants Total Participation Variance Meetings Meetings Adult Sports Open Basketball M/T 161 161 150 150 11 8 9 Totals 161 161 150 150 11 8 9 Recreation Totals Page 2 453 03 Senior Center Attendance 2001 -Registered 2001 2000 2000 Total Registered Total Meetings Participants Participation Participants Participation Variance 2001 2000 Senior Activities Ballroom Dance, Complimentary 3 3 11 11 -8 1 1 Battin's Mobile Office 1 1 0 0 1 1 0 Bridge, ACBL 120 120 92 92 28 5 5 Bridge, Duplicate/Social 236 236 239 239 -3 13 12 Ice Cream Social 29 29 33 33 -4 4 4 Monthly Birthday Party 27 27 17 17 10 1 1 Monthly Luncheon 133 133 117 117 16 1 1 Movie Time 99 99 74 74 25 10 10 Palm Springs Air Museum Trip 10 10 0 0 10 1 0 Putting Contest 7 7 5 5 2 1 1 Senior Activity Total 665 665 588 588 77 38 35 Senior Leisure Courses Ballroom Dance 14 22 14 44 -22 3 4 Ceramics 9 20 0 0 20 3 0 Cooking 18 18 0 0 181 1 0 CPR Class 8 7 6 6 1 1 1 Exercise 42 374 34 210 164 14 15 Senior Leisure Courses Total 91 441 54 260 181 22 20 Senior Leisure Classes Computer Tutor 7 7 4 4 3 16 4 Creative Writing 18 18 0 0 18 5 0 Golden Tones 24 24 33 33 -91 3 4 Quilting 43 43 38 38 5 5 4 Rug Hooking 13 13 0 0 13 4 0 Woodcarving 12 12 0 0 12 4 0 Senior Leisure Classes Total 117 117 75 75 42 37 12 TOTAL SENIOR PROGRAMS 873 1223 717 923 300 97 67 Senior Services Ambassadors 51 51 45 45 6 n/a n/a FIND Food Distribution 294 294 277 277 17 5 4 Health Screenings 15 15 14 14 1 1 1 Hearing Consultation 5 5 0 0 51 1 0 Home/Rental Rebate 8 8 18 18 -10 n/a n/a I. I. D. Energy Assistance 34 34 34 34 0 n/a n/a I. I. D. Energy Assistance/No fee 1 1 2 2 -1 n/a n/a Medicare Consultation 3 3 3 3 0 n/a n/a TOTAL SENIOR SERVICES 411 411 393 393 18 7 5 SENIOR CENTER TOTAL 1284 1634 1110 13161 318 104 72 Page 3 454 c,0,4 MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Chris A. Vogt, Public Works Director/City Engineer DATE: September 18, 2001 RE: Public Works/Engineering Department Report for the Month of August, 2001 Attached please find the following: 1. Summary of Citizen Request reports received; 2. Summary of Graffiti reports received; 3. Plan Check Applications received; 4. Encroachment Permits received; 5. List of Capital Improvement Project status. Chris A. 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U O z U g w~ O m Q ~ O z Q 3 z z O O H 0 F- Ua N_ ° > g > a ...................... ...................... vWi cwi o w m ..... UH " 00 O O �. :. P7 rn O O C) o Lc) Cl) O Cl) 0 O Cl) IT O M O r- O m rn O m .- N O M 0 N O M O O O r- O w O O N O O O O N O N O O M ... 0000 O O O O O O O O O C/P STA TUS UPDA TE Granite Construction is completing "punch list" items on Jefferson Street. One of those items includes the removal and replacement of stamped colored concrete. Granite representatives were informed when they started the installation of the stamped concrete that they were using a stamp pattern that was not consistent with the City approved pallet and the work would not be approved. City staff and representatives of CVWD have been working on a reimbursement agreement for CVWD to complete the L-3 pump station relocation. CVWD will be the lead on the project with payments made by CVAG. There will be no cost to the City of La Quinta for this work. The relocation of the L-3 pump station is required to allow the ultimate widening of Jefferson Street north of Ave. 49. The City of Indio must dedicate land to the Bureau of Reclamation for the new pump station remove CVWD from their condemnation action, and enter a joint use agreement with CVWD prior to CVWD allowing the temporary relocation of the irrigation facilities. Without the temporary relocation, the ultimate improvements to Jefferson Street north of Ave. 49 cannot be completed. City staff will continue working with representatives of Indio and CVWD to resolve this issue. Light standards have been installed at the roundabout and have been inspected. IID has been paid but has not scheduled power activation to date. Staff will work with representatives of IID to attempt to accelerate IID's schedule. Most of the improvements are completed with the exception of the final striping and pavement markings. The contractor must still complete a second coat of paint. Granite Construction had previously stated the light standards for the prototypical street were ordered late and would not be delivered to the site until late August. At the direction of staff, Tom Berg visited the manufacturer (located in Corona, CA.) to determine an actual date of delivery. The manufacturer stated that they would be completed and delivered by mid September. On September 10, the light standards and associated components were delivered. Currently, the majority of lights have been assembled and set. However, it will take a minimum of 7 to 10 working days to T:\PWDEPT\STAFF\VOGT\CIP Septemberupdate.wpd 462. complete the branch circuitry and wiring to make the lights functional once they are set. The Construction Manager is working with Granite Construction to close Ave. Mendoza (adjacent to the museum) by utilizing bollards and signage; however, Granite construction has not been responsive to providing a cost. Staff has been directed to contact other contractors to obtain a price for completing the closure. The City's Construction Manager has sent letters to all of the property owners asking for any comments or concerns regarding their private property that may have been affected by the project. This will provide the City with additional opportunity to rectify legitimate concerns. Granite Construction is behind schedule and has not provided a completion date at this time. The City's Construction Manager and City staff are evaluating the project specifications, delays, and anticipated schedule to determine the extent of the liquidated damages that .will be assessed to the contractor. Much of the work has now been completed. Punch list items must still be completed. The City's Construction Manager has sent letters to all of the property owners asking for any comments or concerns regarding their private property that may have been affected by the project. This will provide the City with additional opportunity to rectify legitimate concerns. Granite Construction is behind schedule and has not provided a proposed completion date at this time. The City's Construction Manager and City staff are evaluating the project specifications, delays, and anticipated schedule to determine the extent of the liquidated damages that will be assessed to the contractor. Area D is complete except for a number of "punchlist" items still outstanding. These items will be completed prior to final acceptance by the City. The City's Construction Manager has sent letters to all of the property owners asking for any comments or concerns regarding their private property that may have been affected by the project. This will provide the City with additional opportunity to rectify legitimate concerns. The mini park is planned behind the sound wall at Saguaro, Sagebrush, and T:\PWDEPT\STAFF\VOGT\CIP Septemberupdate.wpd 463 _ � Ll Bottlebrush. This project was awarded to Ray Lopez Associates during the May 1, 2001 City Council meeting. The plans for this park are being completed. It is anticipated that the park will be completed by mid November 2001. The landscaping and proposed sound wall aesthetic amenities have been addressed along with the Montero Estates sound wall project. Harris and Associates will complete a landscaping plan and a design to add pilasters to the existing sound wall that are consistent with the improvements to the Montero Estates Sound Wall. This will be bid along with the Montero Estates Sound Wall project. There has been a delay in the completion of this project. The sign manufacturer that was working as a sub -consultant to the General Contractor has filed for bankruptcy. The General Contractor has resolved the issue regarding the sign manufacturer and is moving forward to complete the sign installation. The City is presently part of a three-way contract with Spanos and Stamko for the construction of the median on Adams Street from Avenue 47 to Avenue 48. Construction commenced during the week of December 4, 2000 and was complete on June 11, 2001. City staff is working with Stamko to close out the project. The City's consultant, TKD, originally proposed utilization of canal water for the Civic Center Campus Lake to CVWD on October 10, 2000. Approval was received for this concept by CVWD on December 27, 2000. CVWD informed the City's consultant that it would take a few months to complete a water service agreement for the canal water. Plans for providing canal water to the Civic Center Campus Lake were first submitted to CVWD during the last week of April 2001. CVWD recently informed the city that they will be unable to supply canal water to the site. The plans will go forward utilizing potable water. CVWD has approved the water portion of the Civic Center Campus plans, and bids will be advertised by mid September. In order to obtain competitive bids, a one month bidding period will be advertised beginning in mid September, with bid opening in mid October 2001. Barring any unforseen circumstances, construction should commence in early December of 2001. The project is specified as a 180 day project, with an anticipated completion date in mid June 2002. T:\PWDEPT\STAFF\VOGT\CIP Septemberupdate.wpd 464 On December 5, 2000, the City Council awarded a design contract to The Keith Companies (TKC) to design various sidewalk and street improvements throughout the City. These include a low water crossing at Avenue 50, sidewalk along the west side of Washington Street from Avenida La Fonda to Avenue 52, sidewalk along the north side of Sagebrush Drive, paved sidewalk from Saguaro to Avenue 50 on the east side of Washington Street, paved sidewalk on the north side of Avenue 50 from Washington Street to connect to the existing sidewalk fronting the Sports Complex, and sidewalk and street improvements along Westward Ho and Dune Palms Road in conjunction with an SB 821 grant. The City has received a grant to construct bicycle lanes on Calle Tampico, Park Ave., and Ave. 50. An Amendment has been negotiated with the Keith Companies to design the bicycle lanes as part of the sidewalk project. This will provide a construction cost savings as well as a time savings to both projects. The City Council approved the plans, specifications, and engineers estimate and authorized staff to bid the project on June 19, 2001. The City has received signatures from the City of Indio (Dune Palms), and CVWD (Low Water Crossing on Ave 50). The project is presently advertised with the bid opening date of September 24, 2001. Award is anticipated for the first Council meeting in October with project completion anticipated by January 2002. The City Council approved this concept on December 19, 2000 and authorized the City Manager to enter into the MOU contingent upon the City Attorney's approval as to the form. When the City Council initially approved this concept, representatives of the Tradition were proposing to take the lead. Since that time, the Tradition has requested that the City take the lead. A new MOU was approved during the May 15, 2001 City Council meeting with the City as the lead. This work will be completed as part of the citywide sidewalk project that is planned for the west side of Washington Street between Ave. La Fonda and Ave. 52. The project is presently advertised with the bid opening date of September 24, 2001. Award is anticipated for the first Council meeting in October with project completion anticipated by January 2002. T:\PWDEPT\STAFF\VOGT\CIP Septemberupdate.wpd 4 6 �./ t v The City Council awarded the contract to DBX, Inc. on June 19, 2001 with the construction commencing by August 2001. Barring any unforeseen conditions, this project should be completed by November 2001, depending on delivery time of the signal poles and controller cabinets. This signal will utilize Light Emitting Diodes (LEDs) for the red phase, green phase, and pedestrian crossings. During the April 3, 2001 Council meeting, the City Council awarded the design project to Harris and Associates. The Consultant has completed new sound studies and three conceptual designs for City Manager and staff review and approval. Per the City Council's direction, a design concept was chosen by the City Manager and staff based on noise attenuation requirements and aesthetics. This one concept was approved by the City Council during their August 7, 2001 Council meeting. Harris and Associates have been provided with the City Council direction and are in the process of finalizing the plans and specifications. The wall will extend to the limits of the Montero Estates boundaries and will consist of a six foot wall on a two foot berm, with an additive alternate to place an additional two feet of block on the wall for an eight foot wall on a two foot berm. A community identification element will be designed into the wall, at the north west corner of Washington Street and Ave 50, consistent with the corner wall identification at Duna La Quinta. Harris and Associates will also complete a design upgrade to the sound wall extending from the south side of Sagebrush to the south property boundary of the lot south of Saguaro. This will provide landscaping and pilasters consistent with the Montero Estates Sound Wall. During the April 17, 2001 Council meeting, the City Council awarded the design of this project to Harris and Associates. The project will rehabilitate the existing pavement on Washington Street from 1700 feet north of Avenue 50 to Simon Drive, and on Eisenhower Drive from Washington Street to Coachella [give. As of July 10, 2001, the field inventory of existing surface utilities, striping, traffic signal loops, and pavement repair areas (dig -outs) is complete. Harris and Associates have submitted 80% completed plans to the City staff on August 10, 2001. Staff has commented on those plans and they are in final design. It is anticipated that the final design will be completed by the end of September. T:\PWDEPT\STAFF\VOGT\CIP Septemberupdate.wpd 466 61.3 V r3 U� Citywide mini park expansion projects include the Eisenhower Park expansion, the new Cove mini park, and the mini park between Bottlebrush and Sagebrush. The expansion of Eisenhower Park is identified in the Fiscal Year 1997/1998 CIP. An amount of $160,000 was appropriated for this project. The Cove Mini Park and the Pocket Park at Bottlebrush/Saguaro/Sagebrush are each identified as projects in the 2000/2001 CIP. The Cove Mini Park allocates $140,720, and the Bottlebrush/Saguaro/Sagebrush Pocket Park appropriates $40,000. The total budget available for these parks combined is $340,720. A contract consultant was selected and the City Council awarded the design/build contract to Ray Lopez Associates during the May 1, 2001 City Council meeting. The design is now underway. A Public Hearing is scheduled for October 2, 2001 for findings under CEQA. The consultant has indicated that his preliminary schedule is to complete the parks by mid November 2001. However, a final schedule has not been submitted and approved by City staff. The City Council approved a contract with Peter Urbon on October 3, 2000. It is anticipated that Mr. Urbon will provide the obelisks to the City for installation by the end of September 2001. During the April 3, 2001 City Council meeting, the Council approved an amendment to change the material and style of lettering on the obelisks. The artist is proceeding with the construction of the obelisks. City staff met with representatives from Indio, CVAG, and RBF to discuss the proposal for the final design of the Jefferson Street Project from Highway 111 to Indio Boulevard. STIP funding and Measure A funding were discussed. RBF will complete a feasibility study to determine whether a bridge should be constructed over the Whitewater Channel and if Jefferson Street, from Westward Ho to the Channel, should be constructed as a four lane or six lane facility. RBF will complete the Project Study Report (PSR) and the EIS for the project. Since STIP funding will be utilized (Federal funding), the EIR under the CEQA provisions is no longer applied. The environmental provisions must now comply with National Environmental Protection Act (NEPA). The Cities of La Quinta and Indio, the County of Riverside, and CVAG are presently reviewing RBF's proposal prior to proceeding. Funding for the City's portion of this work has been identified in the CIP for the year 2000/2001. This funding did not take into account a bridge over the Whitewater Channel. The feasibility study that will be T:\PWDEPT\STAFF\VOGT\CIP Septemberupdatempd 467 completed by RBF will address a bridge over the Whitewater Channel. CVAG has money identified in the Measure A program and has been discussing utilizing State Transportation Improvement Program (STIP) funds for this project. The County of Riverside and the City of Indio are also participating; however, the status of their funding is unknown. The City of La Quinta was successful in an RCTC Call for Projects for STIP Discretionary funding for the Jefferson Street Bridge. The City was awarded $963,000 to be utilized as part of the City's 25% share for the bridge. Discussions are now taking place to determine which agency will act as lead on the project. The design plans are being completed by David Evans and Associates (DEA) and are 98% complete. City Council has approved the landscaping for the roundabout and the landscaping pallet for the median. City Council also approved removing the landscaping in front of the Citrus and replacing it with the City pallet as part of this project. City staff has sent a draft MOU for shared costs for construction and maintenance of the median islands to staff at Indio, but have not received comments to date. It is anticipated that the plans, specifications, and engineer's estimate will be brought forward to the City Council for approval and authorization to bid after the completion of the Jefferson Street Project. CVWD has approved the irrigation plans. This project is identified in the City's CIP for Fiscal Year 2000/2001 . An amount of $167,655 has been appropriated under RDA Project Area #1 for these improvements. This project includes the restoration of the lighting system for the southern four courts, installation of dasher boards for roller hockey, and the potential conversion of one court to a basketball court. Electrical plans have been completed and specifications are being developed for the lighting system restoration. It is anticipated that the plans and specifications will be presented to the City Council for approval and authorization to bid in November 2001. City staff is developing an RFP for design services for the potential court conversion and the installation of dasher boards. The Community Services Commission reviewed three concepts for the park at their regularly scheduled meeting on December 11, 2000. After review, modifications were suggested. The consultant, Steve Lang of Purkiss Rose-RSI revised the plan and presented the project to the City Council during the January 2, 2001 City Council T:\PWDEPT\STAFF\VOGT\CIP Septemberupdatempd 468 V 1 � Study Session. City Council made a number of comments during the January 2, 2001 Study Session. Those comments have been incorporated into a Phase Plan that was presented to the City Council on February 6, 2001. The budgeted amount for this project is $2,000,000. The City of La Quinta has received $500,000 of Proposition 12 funds that may be applied to this project, thereby bringing the construction budget to $2.5 million. The City Council approved the Master Plan for the park during the April 3, 2001 City Council Meeting. Please note that the project time line is tentative dependent upon approvals as necessary with each task. The Professional Services Agreement was executed, and the review of the project has begun. The construction documents will be ready for review by the Planning Commission at their September 25, 2001 meeting and the public hearing held at the City Council Meeting on October 2, 2001. It is anticipated that once the construction documents are approved by the City Council, the proposed award may occur by the second meeting in December 2001. From the award of contract, it is anticipated that the construction period for the park will be 180 days. If construction begins by the middle of January 2002, the completion of the project is anticipated in July 2002. On October 30 and 31, 2000, the Museum Expansion Consultant Selection Committee interviewed five firms that specialize in historical building expansions. Staff has met with Paul Johnson of Ferris, Johnson & Perkins to discuss the design concept contract. Once the design has been reviewed by staff, the City Council will review the design during a Study Session. It is anticipated that the Study Session will take place at the October 2, 2001 City Council Meeting. Funding for the construction of the museum expansion is contained in the Fiscal Year 2003/04 Capital Improvement Program with a construction amount of $752,500. T:\PWDEPT\STAFF\VOGT\CIP Septemberupdate.wpd 469 V 0 POLICE REPORT Inside this issue: August Significant Activ- ity Report July Crime Statistics Sum- mary Explorer Program Report for August Motor Officer Statistics Report for August Target Team Report for August Volume 1, Issue 9, Indio Station Traffic Report Special points of interest from the Crime Statistic Summary: • The burglary rate for YTD 2001 is still higher than the rate for YTD 2000, but did show a significant decrease from June toJuly. • Traffic officers have been concentrating on DUI arrests this summer, which has resulted in 23 more DUI arrests being made than at this same time last year. • While felony and misdemeanor theft rates are still higher than last year's rate, the month -to -month statistics indicates that the rate is now decreas- ing. • Calls for service related to domestic violence have shown an increase in both the month -to -month rate and the year-to-date total. July 2001—August 2001 DEPARTMENT REPORT NO.� 1 SCHOOL'S OPENDRIVE CAREFULLY It's that time of the year again. Schools are opening and students are returning to classes. Unfortunately, this is also the time of year when traffic collisions involving vehicles and children also increase. Each year, the Sheriff's Department addresses this issue in an attempt to reduce the number of children being injured or killed. This year's effort will involve two approaches; education and enforcement. The education approach will involve the school resource officers (SRO's) educating both students and parents reference traffic dangers involving children travel- ing to and from school. They will be using several education methods including the distribution of bumper stickers (see photo) and a media campaign target - ing the general public. The second approach will involve increased traffic enforcement and officer presence in the school zones. Traffic officers, patrol officers, and the SRO's will increase their presence in these areas. They will be issu- ing citations to violators and looking for safety hazards that need to be corrected. The officers will continue to use these deterrence approaches throughout the school year as a reminder to watch for children going to school. ADMINISTRATIVE LEAVE -WHAT IS IT? During the month of August, deputies from the Indio Station were involved in two separate incidents that resulted in the discharging of their service weapons. These incidents received a large quantity of media coverage due to the potential for and actual loss of life. Several media stories concluded with the statement reference the involved deputies being placed on "paid administrative leave" pending further investigation. This statement is often misinter- preted by members of the community and results in both the deputies and the Department being viewed in a negative manner. In reality, administrative leave is not a form of punish- ment or discipline. It is, in fact, a privilege extended to the involved officers. Administrative leave COACH LLA VALLEY gives the deputy a time NARCOTICS TASK, FORCE for recovery and assis- July 2001-La Quinta tance due to the mental Condensed Staffstks and emotional trauma that can occur following i YED an officer involved Arrests 0 15 shooting incident. It Searches 0 18 also helps to ensure that Seizures 0g 245g the deputy is ready to Value $0 $171,347 return to work and is Weapons capable of performing Seized 0 8 all required duties. 470 City of La Quinta La Quinta Police Department Captain Darla Singerton, Commanding August 2001 Highlights (Numbers in parenthesis denotes number of calls for service that day) Wednesday. 08-01-01 (45): Bank Robbery at Valley Independent Bank located on Bermudas at Estado. Lone male suspect brandished a handgun and demanded money. He was described as a Wht Male with a fake beard. Thursday. 08-02-01 (48): None Friday. 08-03-01 (54): Deputies located 5 vehicles that had been ransacked between 0200 and 0400 in the area north and south of Miles Ave on Coldbrook, Sunbrook, and Nolan streets. Deps. Leary and Bolton. Christopher Marshall, 36yrs from the Bay area, arrested for DUI. Dep. Adams. Edgar Tolcano, 6/2/82 of La Quinta, arrested for an ADW warrant. Dep. Donivan. Saturday, 08-04-01 (45): Carla Kuhns, 42yrs of La Quinta, arrested for DUI. Dep. Adams. ADW at Montezuma Park. Elogio Arredondo, 6/18/79 of La Quinta, claimed he was waiting at the park for his wife to get off work at the Pizza Hut. He was approached by 3 HMAs and asked where he was from. When he said "no where" one of the suspects lunged at him with a knife. Arredondo suffered a minor defense wound to his right ring finger. He was not cooperative. Dep. Bautista. Michael Sitnic III, 57yrs of La Quinta, was arrested for Public Intoxication when he was found passed out in front of La Quinta Video. Dep. Bolton. Ladislado Saucedo, 26yrs of Cathedral City, claimed he was the victim of a strong-arm robbery somewhere in the cove. Claims he was approached robbed of a gold chain and a bottle of tequila. Not much information. He changed his story several times. Dep. Bolton. A female juvenile was arrested for Public Intoxication near Eisenhower and Tampico. A passer by reported that she was flashing her breasts while riding roller blades. She was well known at Juvenile Hall. Inv. Miller. George Timmy Haro, of Cathedral City, arrested for a felony drug warrant at the Home Depot. Inv. Miller. Sunday, 08-05-01 (46): Elana Wollan, 25yrs of San Diego, arrested for DUI. PAS device indicated over 3x the legal limit. Dep. Adams. 471 LA QUINTA SIGINIFCANT ACTIVITY REPORT Monday, 08-06-01 (51): Page 2 Shooting at Occupied Dwelling in 51900 Blk of Rubio. 3 casings recovered. Witnesses saw a maroon Ford Expedition flee the area. Dep. Wedertz. Armando Villarreal, 10/16/76 of Coachella, arrested for Petty Theft w/Priors, Possession Vicodin, and Possession of Syringes after a ped-check at Hwy 111 X WA. He had stolen 12 containers of deodorant from Vons. Dep. Wedertz. Dennis Phelps, 46yrs of L A Quinta, attempted suicide with pills. His Syr old daughter to CPS. Dep. Brooker. Chelsea Saxe, 7/19/71 of La Quinta, arrested for 148 PC after interfering with deputies at the Beer Hunter. Dep. J. Garcia. Tuesday, 08-07-01 (47): Hit -and Run at Washington X Darby Rd. Veh VS telephone pole. Guess who won? unable to locate or identify driver. Dep. Morton. Several reports of shots fired in the areas of Morales X Durango, Montezuma X Nogales, and Madero X Durango. UTL anything at that time but received several reports gunshot damage after daylight. Some casings located. Dep. Wedertz. Stephen Bowman, 3/17/72, and Eliana Johnson, 5/8/68, both of Reno NV, were arrested after a short pursuit. They were driving a P/U truck stolen out of Nevada. Seems they had been caught shoplifting earlier in the day and cite -released by SBSO. Bowman was in flight to Texas to escape prosecution on felony charges in Nevada. Dep. Singleton. Wednesday, 08-08-01 (55): La Quinta resort security interrupted a Grand Theft on there property. Deputies were able to ID the suspects who have admitted to the attempted theft of an expensive hammock. Dep. Morten Michelle Ramirez, taken mentally ill after threatening suicide at her La Quinta residence. Dep. Ali Thursday, 08-09-01 (51): None Friday, 08-10-01 (55): Michael Silver, 9/21/55, was arrested at his La Quinta residence for felony warrants. Dep. Jimenez. Recovered a vehicle taken from La Quinta 18 days ago. Vehicle was seen occupied, at a residence known for narcotics. It was later found parked. Dep. Jimenez Lonnie McWilliams, 57yrs of La Quinta, arrested for DUI at Bermudas and Calle Estado. Dep. Contreras. Manuel Ruiz, 36yrs of Indian Wells, arrested for DUI after a minor collision at Hwy 111 X Adams. Dep. Adams. 472 LA QUINTA SIGNIFICANT ACTIVITY REPORT Saturday, 08-11-01(31): Page 3 Sgt. Vigue was working with YIPS (Volunteers In Public Service) patrol in a plain car when two juveniles threw eggs at his vehicle in the area of Ave 50 X WA. They were both caught and very surprised to find out who they hit. Sgt. Vigue. Victor Reyes arrested for misd. warrants. Dep. Ali Michael Walker, 9/26/71 of La Quinta, arrested for DUI. Dep. Hughes. Antonio Hernandez Zabalza, 19yrs of Coachella, arrested for DUI. Dep. Adams. Sunday, 08-12-01 07): Reckless Discharge of a Firearm occurred in front of 53420 Navarro. A party at the location was interrupted when several carloads of unwanted guests arrived. One of teens at the residence was assaulted by 3-4 of the newcomers. Two people who lived at the residence were also assaulted when they tried to break it up. One of the new arrivals fired several shots into the air. Everyone knew each other but know one could advise who fired the shots..25cal casings were recovered from the street and several suspects identified. Original victim does not want prosecution as he already has an upcoming court date to testify against the primary assailant. The victim fears additional retaliation. Battery and Witness Intimidation charges will go to DA. Dep. Burns. Monday, 08-13-01 (54): None Tuesday, 08-14-01 (47): None Wednesday, 08-15-01 1441: None Thursday, 08-16-01 (47): None Friday, 08-17-01 (49): Robert Anderton, 57 yrs., La Quinta arrested for DUI. Saturday, 08-18-01 (35): Arrested Peter DeLaGarza, 45yrs of La Quinta, for a felony drug warrant. Dep. Burns. Alfredo Moreno, 27yrs of La Quinta, arrested for Public Intoxication in the 78300 block of Winter Cove. Dep. Bums. Juan Campos, 8/24/71 of Indio, arrested for DUI at Ave 52 E/of WA. Dep. Ali. Ricardo Ambriz, 25yrs of Palm Desert, arrested for DUI at Ave 48 X WA. Dep. Adams. 473 LA QUINTA SIGNIFICANT ACTIVITY REPORT Sunday, 08-19-01 (34): None Monday, 08-20-01 (48): Michael Lay, 28, Bermuda Dunes, arrested for vehicle theft. Lay currently on Parole. Tuesday, 08-21-01 (56): None Wednesday, 08-22-01 (35)- Page 4 George Borunda, 27, Indio, arrested for burglary, attempt vehicle theft, receiving stolen property, also a parole warrant. Borunda returned to a residence that was burglarized approx. two weeks ago and attempted to steal vehicle. Borunda was seen by resident and fled but was later apprehended by responding Deputies Brewster and Olsen. Thursday, 08-23-01 (50): 261 PC 45000 block Desert Air, 49 yrs. old victim stated the suspect climbed through doggie door and sexually assaulted her. Victim was tied up however managed to free hands to call a friend who called 911. 6th time she has been raped , last two unreported. Thomas Merritt, 53, La Quinta arrested for spousal abuse. Jaime Meza Flores 27, Indio, arrested for burglary (from) and DUI. Friday, 08-24-01 (46): At about 0349 hrs., off duty Sheriffs Investigator called in a suspicious vehicle seen driving blacked out within the Quinterra housing tract in North La Quinta. Dep. Black spotted the vehicle and after a short pursuit the vehicle occupants fled on foot after striking a mailbox at Elm St. in the city of Indio. Vehicle was an unreported stolen from Indio PD. Several items located within the vehicle were identified as being stolen from La Quinta burglaries that were later reported. Investigation is continuing. Saturday, 08-25-01 (41): Alfredo Herrera Jr. 29, arrested for misdemeanor warrants following traffic stop. Edward Patino, 30, arrested for misdemeanor warrant from same stop. Sunday, 08-26-01 (25): Residential Robbery in the 53800 blk of Navarro. Two suspects confront the victim in his residence for money owed to a 3rd party. Suspects identified but victim is reluctant to prosecute because he fears retaliation. Dep. Burbach. Johnny Hernandez, 10/28/61, and Stephen Fischer, 7/26151 both of La Quinta, arrested during a traffic stop. Hernandez for Spousal Abuse and Parole Violation, Fischer for a traffic warrant. They were identified as the suspects in the above robbery. Dep. Eller 474 LA QUINTA SIGNIFICANT ACTIVITY REPORT Page 5 Jose Avila, 12/01/82 of La Quinta was arrested he was found driving a stolen pick-up belonging to Desert Sands Unified School Dist. Dep. Thomas. Monday, 08-27-01 (44): None Tuesday, 08-28-01(43): Ricardo Antonio Bernal, 30, La Quinta arrested for misd. warrants. Shawn Mathews, 26, La Quinta, arrested for misd. warrants. Coachella: Wednesday, 08-29-01 (34): Marcos Sabala, 27yrs of Coachella, arrested for DUI. Dep. Adams. Hit and run (vehicle into parked car) on Alvarado at Tecate. Vicenza Patemo, of La Quinta, was located and arrested at his residence a block away. Dep. Donivan. Thursday, 08-30-01 (43): None Friday, 08-31-01 (34): Unattended Death on Calle Madrid. Eleanor Cannon, 6/23/19 passed away at her residence. Dep. Leary. Brandy Shaski, 27yrs of Palm Desert, arrested for being Under the Influence of Drugs, after a reported disturbance on Ave Martinez with her ex -boyfriend. Dep. Myers. Total calls for service: 1404 475 MOTORCYCLE OFFICER STATISTICS August 2001 * Days worked: 11 (1 day for unit service, Y2 month without the LASER due to damage) Total citations: 34 Speeding: 23 Stop sign: 0 T/C's: 5 Radar: 15 Mechanical: 1 DUI's 11 Pace: 8 Seatbelt: 0 Warrants: 1 Red light: 5 City citations: 0 Felony Arrests: 1 Turning- 4 Stored vehicles: 14 High speeds: 25 mph- None. 35 mph- None 45 mph- 66 mph, Eisenhower west of Washington. 50 mph- 85 mph, Fred Waring X Washington. 55 mph- 70 mph, Hwy 111 X Dune Palms. Avg. speed over the speed limit: 17.5 mph. Avg. citations per day: 3 Associated vehicle code violations: Suspended/Unlic. Drivers: 8 Seatbelt: 0 No insurance: 11 Turning: 0 Mechanical: 0 Drugs/ Alcohol: 11 476 Riverside County Sheriff's Department La Quinta Target Team Monthly Report August 2001 Deputy Edward Price and Deputy Aaron Eller The following is a summary of the Target Team activities for the month of August. *********************************************************************** Ongoing Investigations 2 Arrests/ Filings 5 Vehicle checks 2 Business Contacts 8 Investigation assists 3 Warrants Served 1 Arrest Warrants Attempted 2 Programs 0 Pedestrian Checks 2 Crime Prevention Hours 8 Bar Checks 1 Back-ups 3 Follow-ups 15 Search Warrants 1 Probation Searches 1 Parole Searches 0 Meetings 2 477 La Quinta Target Team Report Recovered Stolen Property $400.00 Citations issued 0 Surveillances 2 Property Checks 5 Civil Commitments 0 Bicycle Time 0 Training Hours 0 Illegal Drugs Seized 0 Total Mileage: 675 miles Arrests/ Criminal Filings Page 2 • Indio resident, Wendell Cook was filed on for receiving stolen property and grand theft. Noteworthy Accomplishments; • The Target Team continued investigating the recent auto -thefts and increased number of thefts in the cove area. Numerous suspects have been identified. • The Target Team assisted Palm Desert C.C.A.T. team with the on going Investigation into the shooting of Deputy Juan Garcia which consisted of surveillances on subjects and residences in the La Quinta and Indio areas. • The Target team severed a search warrant on Wendell Cook at his residence at 82245 Sierra Ave in the city of Indio reference thefts that occurred in La Quinta whereas Cook is the primary suspect. • The Target Team is conducting extra patrol in the parks reference violations of city ordinances related to the parks; e.g., drinking and barbequing. • The Target Team along with R.A.I.D. is currently working together in order to identify and arrest the persons involved in numerous vehicle thefts in La Quinta. • The Target Team assisted Investigations with returning, recovered stolen property to victims of recent burglaries. Riverside County Sheriff's Department EXPLORER POST 503 PROGRAM REPORT August 2001 August 2001 Explorer Post 503 Program Report On August 7 from 1630-1830 hours, I briefed several Explorer Post 503 Explorers about the upcoming Explorer academies. I also led physical training. Explorer Captain Andy Martinez tested the Explorers on the 10 and 11 and some California Penal Codes. Sgt. Vigue and I coordinated the Explorer range day on August 9. Five Explorers received firearm safety and shooting instructions, shot .38 caliber handguns, and were taught how to clean the .38 caliber handguns. Nine Explorer Post 503 Explorers attended the Riverside County Sheriffs Department 2001 Explorer Basic or Advanced Academies. Moises Andrade, Trinidad Arredondo, Robert Maciel, Andy Martinez, Juan Viramontes, and Marion Yocom successfully completed the advanced academy. Moises Castro, Tammy Reyes, and Michael Yocom graduated from the basic academy. The academies ran from August 12-18 at the Ben Clark Training Center in Riverside. Captain Martinez volunteered his time by completing numerous ride -a -longs and acted as the decoy in 2 successful programs to reduce alcoholic beverage sales to minors. Captain Martinez did a excellent job as the decoy!!! Submitted by Explorer Post 503 Advisor Senior Deputy Andy Gerrard 479 CITY OF LA QUINTA CRIME STATISTICS SUMMARY JULY2001 CRIME JUL Y 2001 JUL Y 2000 YT D (01) YTD (00) *HOMICIDE 0 0_ 1 0 'RAPE 3 0 10 11 SEX CLIMES (FEL) 1 _ _ 1 2 10 - - SEX CRIMES ISD) 4 0 13 11 ROBBERY 2 0 --- 7 6 ASSAULT FEL 7 _8 68 61 ASSAULT ISD 19 10 132 121 BURGLAR' 1-50 28 373 219 THEFT 17 11 78 62 _*VEHICLE THEFT (FEL) 17 22 152 133 THEFT MISD) VANDALISM ISD 34_ 30 27 20 2818 176 211 DOM. VIOLENCE 15 13 _ 97 _ 87 NARCOTICS 16 4 81 48 DUI 19 11 -- 75 --- 52 T/C NON -INJURY 36 28 312 289 T/C INJURY 9 3 39 32 T/C FATAL TRAFFIC CITATIONS 0 261 0 365 2 2063 -- -- 2 1662 *STATISTICS INCLUDE ATTEMPTS • \l C 0 0 0 0 0 0 C fiY) CN r W a 9 W v 0 �""' 041 jjjj cio , ;00 to C) 0 0 0 LO m CN � Mo Ti .4 483 w 3co q Fmm; z � � iR UJco � w | r • LO LO 0 U') 0 Lf) m t`CN N vl- T` 48 � I CN Oo CO LO , , , 4 4 40 i i i i + + 4w is 40 OD 40 LO Lo 00 CD 0 00 .q J U 0 z 487 r O O O O O N N 1 1 1 LO I I 1 1 I I 1 1 1 I 1 1 i 1 1 1 1 Cq 0 0 0 C Cy C) '11YF 3WI T 1 � yC; 1 d '� 4 9 �1 40M CITY OF LA QUINTA DISPATCH INFORMATION / JULY 2001 TYPE OF CALL ROUTINE EMERGENCY, RESPONSE TIME 10.3 8.4 Riverside County low 6tation traffic Sheriff Department uttetn Volume I, Issue 9 September I, 2001 Bulletins are provided to standardize traffic enforcement procedures and accident investigation. Additionally bulletins will provide training about department policy, legal issues, and law updates 4000.4 (a) CVC Out of State Vehicle Registration Requirements Any vehicle entering Califor- nia is subject to registration imme- diately, if the vehicle owner ac- cepts gainful employment or be- comes a California resident. Fees must be paid within 20 days of either occurrence to avoid penalty. The definition of a "California resident" is anyone who manifests an intent to live or be located in this state on more than a tempo- rary or transient basis. Presence in this state for six months or more in any 12 month period is a pre- sumption of residency, 516 CVC. Evidence of California residency may be established by any of the following; (a) address where registered to vote (b) loca- tion of employment or place of business ( c ) payment or resident tuition at a public institution of higher education (d) attendance of dependents at a primary or secon- dary school (e) filing a home- owner's property tax exemption (f) renting or leasing a home for use as a residence (g) declaration or residency to obtain a license or any other privilege or benefit not ordinarily extended to a non- resident (h) possession of a Cali- fornia drivers license or identifica- tion card (1) and any other acts, The DMV DS 427 "priority" form was established as a means of law enforcement re- ferring the most unsafe drivers to DMV Driver Safety, per 21061 CVC. The following conditions must ; (1) the driver committed a violation of 21000 CVC— 23336 CVC . ( the driver does not have to be cited or arrested for the offense) (2) the driver must show evidence of incapacity, (3) the incapacity must immedi- ately affect driving safety, (4) the officer must issue the driver a occurrences, or events that indi- cate presence in this state is more then temporary or transient. Vehicles that are ex- empt from registration. A non-resident owner of a vehicle may operate, or permit operation, of a vehicle in this state if the vehi- cle is registered in the owner's state of residence and displays valid license plates issued by that state. This exemption does not apply if the nonresident owner rents, leases, lends, or otherwise furnishes the vehicle to a Califor- nia resident for regular use on the highways of this state. Leased vehicles ( 6853 CVC). When a person residing or having an established place of business in California leases a vehi- cle from a non-resident owner for use on California highways, the leased vehicle must be registered in this state. California resident Op- erating in two states. A Califor- nia resident who requires registra- tion in more than one state must obtain California registration be- fore contacting the other jurisdic- tion for operating authority. New Vehicles. New vehi- cles may not be registered in this state unless equipped with an emis- sion system that has been approved by the California Air Resources Board. Military Personnel ( 6701 CVC) Military personnel (including residents of California) and both military and civilian mem- bers of NATO who are not citizens of the U.S. are permitted to oper- ate either with their home state or country plates or valid of the state or country where they were regu- larly assigned and stationed when the license plates were issued after satisfying all of the following re- quirements: (Maryland or Virginia will be considered the state where stationed for military assigned and stationed in Washington, D. C.) 1.) The license plates displayed on the vehicle are valid plates issued by the foreign jurisdiction and the registration and plates are issued to the military person. (U.S. Armed Forces plates are not valid plates issued by a foreign jurisdiction.) 2.) The vehicle registration and license plates were issued by the foreign jurisdiction where the mili- tary person was last regularly as- signed and stationed for duty by military orders of a jurisdiction claimed by the military person as the permanent state of residence. Important: Military orders shall not include military orders for leave, for temporary duty, or for any other assignment of any nature requiring the military person's presence out- side the foreign jurisdiction where the owner was regularly assigned and stationed for duty. This section ap- plies to all vehicles owned by the military person except any commer- cial vehicle used in any business man- ner wherein the military person re- ceives compensation. Officers of the Public Health Service are entitled to all the same exemptions. Discharged Military Per- sonnel ( 6703 CVC) Any person entering California following dis- charge from the Armed Forces of the U.S. is exempted from registra- tion of passenger vehicles, trailer coaches, and utility trailers only until they accept gainful employment in California or become a California resident. Change In The Registered Owner. Registration is due when there is a change in the registered ownership of a non-resident vehicle. Penalties are due 20 days after date of first operation by the new owner. DMV DS 427 (Re -Examination Of Driver) "notice of priority re- examination". "Evidence of Incapacity"; serious physical injury or illness, mental impairment, or disorienta- tion which leads the officer to "reasonable belief' that a clear or potential danger or risk of in- jury to that person or others ex- ists if allowed driving. The officer should tell the driver to: (1) appear at a DMV Driver Safety Office for re- examination (2) read the printed information on the form (3) imme- diately telephone a Driver Safety Office listed on the back of the form for an appointment. (4) bring their copy to the Driver Safety Office within 5 working days or be suspended, until they satisfacto- rily complete a re-examination. If a fax machine is available, the officer should immediately fax the "notice of priority examina- tion" to the Driver Safety Office nearest to the driver's home. If the driving actions do not fit the requirements for a "priority examination", the DMV 427 still can be utilized and submitted to DMV as a " regular re-examination" of the driver. At the present time, there are no laws on the books to keep the "incapacitated driver" from driving off. There is no legal "storage authority" to tow their vehicle. The officer may want to consider driving the subject home, or having a family member respond to the scene to drive them home. Finally, if the elements qualify for 5150 WIC, a 72 hour mental evaluation may be in order. Do you have any suggestions for future topics? If so, e-mail them to BLEE on the county network. 490 B 5 °)66 fiVa�� City Council, La Quinta,G p.a.Box 1504 La Quinta,CA 92253 &M W RE : widening Jefferson Street, ill to AVG . 49 To be oowpleted Sept4obor, 2000, then December -• incomplete Gentlme►n : This work progresses very slowly. The condition of the Rincon Norte entrance at Corsica Gate has been most dangerous. For several weeks there was neither sign nor light, then it turned into conditions like entering a turnip field. There was no lighting i the small sign on Jefferson was ineffectual. As of this date, the 'no turn' to Corsica Gate from either direction shows no sign to indicate Corsica Gate is closed. Tharp is no adequate marking to direct traffic to 49cAvenue. Ky question: WKhT CITY RAS JURISDICTION FOR SAFZTY AND PROPER GUIDAW= TO DRiVZRS? Is there a late penalty to. Granite for delays? My wife and I purchased, moved into a newly built hone on Gibraltar St.in the Rincon Norte devalopant, Indio, in September. 2001D. Although this is not a gated cammunity, the Main entrance is off Jefferson Street, called Corsica Gate. We are aware there are many disputed issues regarding this entrance. Indio and La Quinta are debating these issues with confusing results. my remarks are directed to the unbelievably dangerous traffic flow conditions that have existed since last Decemt�er V. I refer to a coWleto lack of signs/lights that should be utilized to alert drivers to the conditions that do not imp ova with time. Tharm appears to be a total lack of discipline regarding those hazards. The lack of concern shown to hmeowners in the Rincon Norte lox is appalling,,in addition to the inadequate 4-ray in tersection ntersection at 48th Avenue i Jefferson. It is a credit to the motorists, and perhaps a Nigher power, that serious accidents have not occurred at this intersection - there have been some close ones with m;maders on Jefferson. Should an accident with injuries or death take place, lawyers Will be standing in line to sue whatever official body is legally responsible. I want to know whore this responsibility lies. Sincerely, Robert C. Stewart 49641 Gibraltar St. Indio, Ca, 92201 Tel. 771-4479 ,dam 491 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 18, 2001 CONSENT CALENDAR: Continued 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: Continue the Public Hearing to November 6, 2001. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: STUDY SESSION: PUBLIC HEARING: Staff is preparing additional environmental documentation for the project and requests this item be continued to the City Council meeting of November 6, 2001. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Continue the Public Hearing to November 6, 2001; or 2. Do not continue the Public Hearing; or 492 3. Provide staff with alternative direction. Respectfully submitted, Hernhn Cojnmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager G:\WPDOCS\ccjhCCDesCont.Wpd 493 COUNCIL/RDA MEETING DATE: September 18, 2001 Public Hearing on Tentative Parcel Map 28334, Amendment #1 and Site Development Permit 97-608 Amendment #2, to Amend Conditions of Approval Pertaining to Required Off -Site Street Improvements on Eisenhower Drive for Property Located on the East Side of Eisenhower Drive, Approximately 220 Feet South of Avenue 50. Applicant: KSL Recreation Corp. and its Assigns RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving a Tentative Parcel Map 28334, Amendment #1, subject to the findings and Conditions of Approval. Adopt a Resolution of the City Council approving Site Development Permit 97-608, Amendment #2, subject to the findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Project History The City Council at its meeting of June 19, 2001, adopted Conditions of Approval for Tentative Tract 30125 pertaining to deleting the applicant's obligation to pay for the retaining wall improvement along the east side of Eisenhower Drive, south of Avenue 50 (Attachments 1 and 2). This requirement directly conflicts with the Conditions of Approval imposed on this parcel map and site development permit. Therefore, an amendment of the Eisenhower Drive improvement requirements for these applications is necessary. 494 Tentative Parcel Map (TPM) 28334 (Attachment 3) is located on the east side of Eisenhower Drive, south of 50T" Avenue and divides 15 acres into three parcels (two residential and one golf course) and was approved in 1996 (Attachment 3). Site Development Permit 97-608, approved in 1997, allows a La Quinta Resort employee parking lot on one of the parcels created by TPM 28334. This parking lot will be eliminated when the new employees lot is installed on the northeast corner of Eisenhower Drive and Calle Tampico. Amendment Request The proposed changes to both the Tentative Parcel Map (Condition #10) and Site Development Permit (Condition #32 and #38) conform with the Tentative Tract 30125 Conditions of Approval pertaining to the Eisenhower Drive street improvements. Public Notice This request was advertised in the Desert Sun newspaper on September 7, 2001. All property owners within 500 feet of the site were mailed a copy of the Public Hearing notice as required by the city Municipal Code. As of this writing, no written comments have been received. Public Agency Review All applicable agency comments received have been made part of the Conditions of Approval for this case. Planning Commission Review The Planning Commission reviewed this request at its meeting of August 28, 2001. There were no inquiries from the public. The Commission unanimously adopted Resolutions 2001 -110 and 2001 -11 1, respectively, recommending approval of the Tentative Parcel Map and Site Development Permit Amendments, subject to findings and amended conditions (Attachment 4). FINDINGS AND ALTERNATIVES: The findings needed to approve this request can be met, as noted in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Tentative Parcel Map 28334, Amendment 1, subject to the findings and Conditions of Approval. Adopt a Resolution of the City Council approving Site Development Permit 97- 608, Amendment 2, subject to the findings and Conditions of Approval; or p:\stan\tpm 28334 amd #1 sdp 97-608 amd #2 cc rpt.wpd 495 0 o 2 2. Do not adopt Resolutions of the City Council approving amendments to Tentative Parcel Map 28334 and Site Development Permit 97-608; or 3. Provide staff with alternative direction. Respectfully submitted, errf Herman, Community Development Director Approved for submission by: f Thomas P. Genovese, City Manager Attachments: 1. City Council minutes for the meeting of June 19, 2001 2. Location Map 3. Tentative Parcel Map 28334 exhibit (reduced) 4. Planning Commission minutes for the meeting of August 28, 2001 496 003 p:\stan\tpm 28334 amd #1 sdp 97-608 amd #2 cc rpt.wpd RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO REQUIRED OFF -SITE STREET IMPROVEMENTS ON EISENHOWER DRIVE FOR A TENTATIVE PARCEL MAP WHICH CREATES THREE PARCELS CASE NO.: TENTATIVE PARCEL MAP 28334, AMENDMENT #1 APPLICANT: KSL RECREATION CORPORATION AND ITS ASSIGNS WHEREAS, the City Council of the City of La Quinta, California, did on the 181h day of September, 2001, hold a duly noticed Public Hearing to consider the request of KSL Recreation Corporation and its Assigns for approval of an amendment to Conditions of Approval pertaining to required off -site street improvements on Eisenhower Drive, in the Tourist Commercial Zone, located on the east side of Eisenhower Drive, approximately 220 feet south of Avenue 50, more particularly described as: Portion of Section 1, Township 5 South, Range 6 East, S.B.B.M. WHEREAS, said Parcel Map amendment request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended by Resolution 83-68, in that this Parcel Map has been previously assessed in conjunction with Environmental Impact Report (EIR) #41 (Specific Plan 121-e) which was certified in 1975, by the County of Riverside, and El Addendum certified on June 19, 2001, by the City of La Quinta. No changed circumstances or conditions are proposed and there is no .new information which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166, and; WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28th day of August, 2001, hold a duly noticed Public Hearing to consider the request of KSL Recreation Corporation and its Assigns, and did adopt Planning Commission Resolution 2001 -110, recommending approval, subject to Conditions of 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 of Approval to justify approval of said Tentative Parcel Map 28334, Amendment #1: 1. The Map and its design are consistent with the General Plan and Specific Plan 121-E in that its amended lots are in conformance with applicable goals, 497 policies, and development standards, such as lot size and will provide adequate infrastructure and public utilities. 003A P:\STAN\tpm 28334 Amd #1 cc res.wpd Resolution 2001- Tentative Parcel Map 28334 - Recommended Adopted: September 18, 2001 2. The design of the amended subdivision, or its proposed improvements are not likely to create environmental damage or substantially and avoidably injure wildlife or their habitat because the area covered by the amended Map is developed. 3. The design of the amended subdivision and the proposed types of improvements are not likely to cause serious public health problems because urban improvements are existing or will be installed based on applicable Local, State, and Federal requirements. 4. The design of the amended subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist and access to the resort residential area will be provided to surrounding property owners. 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 approve Tentative Parcel Map 28334, Amendment #1 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 181h day of September, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 498 00-4 P:\STAN\tpm 28334 Amd #1 cc res.wpd Resolution 2001- Tentative Parcel Map 28334 - Recommended Adopted: September 18, 2001 ATTEST: JUNE S. GREEK, CMC/AAE City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 005 P:\STAN\tpm 28334 Amd #1 cc res.wpd RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 28334, AMENDMENT #1 SEPTEMBER 18, 2001 GENERAL 1. Tentative Parcel Map No. 28334, Amendment #1 shall comply with the requirements and standards of § § 66410-66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. This amended tentative parcel map approval shall expire in two years unless extended pursuant to the City's Subdivision Ordinance. PROPERTY RIGHTS 3. All easements, rights of way and other property rights required of the tentative map or otherwise necessary to facilitate the ultimate use of the development and functioning of improvements shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting, or conferral shall be ensured, prior to approval of a final map unless otherwise determined by the City Engineer. 4. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval 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. 5. Before approval of the parcel map, final map, or other land action allowing development of this property, the applicant shall dedicate 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. Dedications required of this development include: Eisenhower Drive - the easterly half of a 100-foot right-of-way Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, etc. 500 006 P:\STAN\tpm 28334 pc coampd PLANNING COMMISSION RESOLUTION 2001-110 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 28334, AMENDMENT #1 AUGUST 28, 2001 If the City Engineer determines that public access rights to proposed street right-of-ways shown on the tentative parcel map are necessary prior to approval of the final map dedicating the right-of-way, the property owner/applicant shall grant temporary public access easements to those areas within 60-days of a written request by the City. FINAL PARCEL MAP 6. As part of the filing package for final map approval, the applicant shall furnish the City, on storage media and in a program format acceptable to the City Engineer, accurate computer files of the map(s) as approved by the City's map checker. IMPROVEMENT AGREEMENT 7. The applicant shall construct improvements and/or satisfy obligations, or enter into a secured agreement to construct improvements and/or satisfy obligations required by the City prior to agendization of a final map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, La Quinta Municipal Code or approval of any building permits for this property. 8. If improvements are secured, the applicant shall provide approved estimates of improvement costs. 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. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, parcel 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. 9. Street pavement sections for the future streets shall be based on a Caltrans design for a 20-year life and shall consider soil strength and anticipated traffic loading (including site and building construction traffic). The minimum pavement sections shall be as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.011/5.0011 Secondary Arterial 4.011/6.0011 Primary Arterial 4.511/6.0011 591 Major Arterial 5.5"/6.50" 0.07 P:\STAN\tpm 28334 pc coa.wpd PLANNING COMMISSION RESOLUTION 2001-110 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 28334, AMENDMENT #1 AUGUST 28, 2001 The applicant shall submit mix designs for road base and pavement materials, including complete testing lab results, for review and approval by the City. Paving operations shall not be scheduled until mix design(s) is approved. 10. 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. Eisenhower Drive (Primary Arterial) - Applicant shall construct half of the total street improvements in compliance with the General Plan along the 500-foot (the property adjacent to TT 30125) frontage on Eisenhower Drive. Applicant shall also construct a six foot meandering sidewalk, parkway landscaping, and a 12-foot raised center median. Applicant will be reimbursed for the cost of the median construction from the Transportation DIF in an amount not to exceed the budget allowance for this median construction. Applicant shall dedicate all future right-of-way along Eisenhower Drive, adjacent to Golf Hole #13 on the Dunes Course (or if renumbered, the golf hole adjacent to Eisenhower Drive), necessary for the construction of Eisenhower Drive pursuant to General Plan street standards. Applicant shall provide a construction easement necessary to permit the construction of a retaining wall, and the necessary easement to permit the construction of the retaining wall on their property. Applicant shall be responsible for all modifications to Golf Hole #13 on the Dunes Course (or if renumbered, the golf hole adjacent to Eisenhower Drive), due to the construction of Eisenhower Drive, including, but not limited to, modifications to golf paths, golf lake, green, tee box, fairway, fencing, irrigation, landscaping, and any other modifications necessary for the safety of the public. The Applicant may enter into a secured agreement for the construction of Eisenhower Drive street improvements or shall construct said street improvements, prior to final map approval. The secured agreement shall reflect a time line as follows: 502 P:\STAN\tpm 28334 pc coampd 008 PLANNING COMMISSION RESOLUTION 2001-110 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 28334, AMENDMENT #1 AUGUST 28, 2001 The Eisenhower Drive improvements shall be constructed before or at the same time the Eisenhower Bridge and Eisenhower Drive improvements are made along hole #13 of the Dunes Course (or if renumbered, the golf hole adjacent to Eisenhower Drive). 2. Avenue 50 (Primary Arterial) - Construct median modification to allow left turn from Ave. 50. Construct 8-foot meandering sidewalk from eastern end of bus shelter to the eastern property boundary. 11. Improvements shall include all appurtenances such as traffic signs, channelization markers, raised medians if required, street name signs, sidewalks, equestrian trails, and mailbox clusters approved in design and location by the US Post Office and City Engineer. Mid -block street lighting is not required. 12. The City Engineer may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safety integrated with existing improvements and conform with the City's standards and practices. 13. Access points and turning movements of traffic shall be restricted as follows: Eisenhower Drive - A single right-in/right-out access road or drive serving all parcels created by this land division may be install only if an engineering study indicates that this section of Eisenhower Drive can safely support an access at this location and Specific Plan 121-E is amended to permit access onto Eisenhower Drive, a Primary Arterial street. 14. Before occupancy of homes or other permanent buildings within the development, the applicant shall install all street and sidewalk improvements, traffic control devices and street name signs along access routes to those buildings based on the Codes in effect at that time. FEES AND DEPOSITS 15. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 503 P:\STAN\tpm 28334 pc coa.wpd Dog PLANNING COMMISSION RESOLUTION 2001-110 CONDITIONS OF APPROVAL - ADOPTED TENTATIVE PARCEL MAP 28334, AMENDMENT #1 AUGUST 28, 2001 16. Before approval of a final map or completion of any approval process for modification of boundaries of the property 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. P:\STAN\tpm 28334 pc coa.wpd 504 010 RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO THE EISENHOWER DRIVE OFF -SITE STREET IMPROVEMENT REQUIREMENTS CASE NO.: SITE DEVELOPMENT PERMIT 97-608, AMENDMENT #2 APPLICANT: KSL DESERT RECREATION CORPORATION AND ITS ASSIGNS WHEREAS, the City Council of the City of La Quinta, California, did on the 18th day of September, 2001, hold duly noticed Public Hearing to consider the request of KSL Recreation Corporation and its Assigns for approval of an amendment to Conditions of Approval pertaining to required off -site street improvements on Eisenhower Drive in the Tourist Commercial Zone, located on the east side of Eisenhower Drive, approximately 220 feet south of Avenue 50, more particularly described as: Portion of Section 1, Township 5 South, Range 6 East, S.B.B.M. WHEREAS, the City Council at its meeting of September 16, 19771 approved Site Development Permit 97-608 by adoption of Resolution 97-77, and; WHEREAS, the City Council at its meeting of January 5, 1979, approved Amendment #1 to Site Development Permit 97-608 by adoption of Resolution 99-1 1 and; WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 281h day of August, 2001, hold a duly noticed Public Hearing to consider the request of KSL Recreation Corporation and its Assigns, and did adopt Planning Commission Resolution 2001 -11 1, recommending approval, subject to Conditions of Approval, and; WHEREAS, said Site Development Permit amendment request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended by Resolution 83-68, in that this Site Development Permit has been previously assessed in conjunction with Environmental Impact Report (EIR) #41 (Specific Plan 121-e) which was certified in 1975, by the County of Riverside, and EIR Addendum certified on June 19, 2001, by the City of La Quinta. No changed circumstances or conditions are proposed and there is no new information which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166, and; 5 o 55 Resolution 2001- Site Development Permit 97-608, Amendment #2 Adopted: September 18, 2001` 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 approval of Amendment #2 to Site Development Permit 97-608: 1 . The project, as amended, is consistent with the General Plan because the use is supporting the operation of the permitted golf courses and resort within the Specific Plan area. 2. The project, as amended, has been designed to be consistent with the Zoning Code and applicable Specific Plan, subject to the recommended conditions. 3. Processing and approval of this amended project is in compliance with the requirements of the California Quality Act in that a Mitigated Negative Declaration has been certified. 4. The architectural design of the project, as amended, is adequate and compatible materials and colors will be used. Provided the Conditions of Approval are complied with, the project will be architecturally acceptable. 5. Provided the Conditions of Approval, as amended, are complied with, the site design will be acceptable. The revision will mitigate any negative impacts to the surrounding residences by moving it to the west and south. 6. The project landscaping will be compatible with the resort. The recommended conditions will increase the quantity of landscaping and tree sizes. Landscaping will provide visual screening of the on site facilities. 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 constitute the findings of the City Council in this case; 2. That the City Council does hereby approve an amendment to Conditions #32 and #38 of Site Development Permit 97-608, Amendment #2; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 18th day of September, 2001, by the following vote, to wit: AYES: NOES: 506 012 P:\stan\sdp 97-608 am #2 cc res.wpd Resolution 2001- Site Development Permit 97-608, Amendment #2 Adopted: September 18, 2001 ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC/AAE City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 507 013 P:\stan\sdp 97-608 am #2 cc res.wpd RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 97-608, AMENDMENT #2 KSL RECREATION CORPORATION SEPTEMBER 18, 2001 1. The use of this site for an employee parking lot shall be in conformance with the approved exhibits contained in Site Development Permit 97-608, Amendment #1, unless otherwise amended by the following conditions. 2. The approved Site Development Permit shall be used within two years of the date of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit. A time extension may be requested as permitted in Municipal Code Section 9.200.080D. 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 this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 4. The project shall incorporate the latest technology in recycling and other means of reducing the amount of waste requiring disposal (land filing), during demolition, construction, and upon site development/operation. A) Prior to issuance of a demolition/building permit, the applicant shall provide proof to the Community Development Department that a recycling company and program has been established for the recycling of construction/demolition debris. B) If the applicant can successfully demonstrate that current provisions exist to meet the requirements of the California Solid Waste Reuse and Recycling Access Act of 1991, the Community Development Director may waive, modify, or delete the requirements of this condition. 5. The applicant shall obtain permits and/or clearances from the following public agencies; as needed: - Fire Marshal - Public Works Department (Grading Permit, Improvement Permit) - Community Development Department - Riverside Co. Environmental Health Department 508 014 P:\STAN\sdp 97-608 am #2 cc coa.wpd RESOLUTION 2001- CONDITIONS OF APPROVAL -RECOMMENDED SITE DEVELOPMENT PERMIT 97-608, AMENDMENT #2 SEPTEMBER 18, 2001 - Desert Sands Unified School District - Coachella Valley Water District (per letter of June 25,1997, on file in Community Development Department) - Imperial Irrigation District - California Regional Water Quality Control Board (NPDES Permit) 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. For projects requiring NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans submitted for plan checking. Prior to issuance of a grading or site construction permit, the applicant shall submit a copy of the proposed Storm Water Pollution Protection Plan for review by the Public Works Department. 6. 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. 7. All applicable conditions of Specific Plan 121 E, Amendment #4, shall be met. 8. Exterior lighting shall to be low profile, down shining, and comply with Municipal Code and not cause annoyance to surrounding properties. Top of lights shall not exceed 6 feet in height. Plan to be approved by Community Development Department prior to issuance of building permit. Light shields may be required by the City within first six months after beginning of operation. 9. Upon their approval by the City Council, the City Clerk is authorized to file these Conditions of Approval with the Riverside County Recorder for recordation against the property to which they apply. 10. All easements, rights of way and other property rights necessary to facilitate the ultimate use of the development and functioning of improvements shall be acquired or granted, as appropriate, or the process of said acquisition or granting shall be ensured, prior to issuance of a grading permit. Grants shall include additional right of way widths as necessary for dedicated right turn lanes, bus turnouts, etc., included on approved plans. 509 015 P:\STAN\sdp 97-608 am #2 cc coa.wpd RESOLUTION 2001- CONDITIONS OF APPROVAL -RECOMMENDED SITE DEVELOPMENT PERMIT 97-608, AMENDMENT #2 SEPTEM BER 18, 2001 11. The applicant shall grant public street right of way along Eisenhower Drive (Primary Arterial) - sufficient for a 50-foot half right of way plus additional area as needed for right- or left -turn lanes or other features contained in the approved construction plans. 12. Where public sidewalks are required on privately -owned setback lots, the applicant shall dedicate blanket sidewalk easements over the setback lots. 13. The applicant shall grant any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, and common areas. 14. Prior to issuance of a grading permit, the applicant shall enter into a secured agreement to construct improvements and satisfy obligations required of this site development permit. Security provided shall conform with Chapter 13, LQMC. 15. The applicant shall provide approved estimates of improvement costs. 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. .. • :[Minna . 16. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Plans for site improvements may be combined on a single plan provided excess clutter doesn't affect readability. All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entryways, and parking lots. If water and sewer plans are included on the street and drainage plans, the plans shall have an additional signature block for the Coachella Valley Water District (CVWD). The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. 510 016 RESOLUTION 2001- CONDITIONS OF APPROVAL -RECOMMENDED SITE DEVELOPMENT PERMIT 97-608, AMENDMENT #2 SEPTEM BER 18, 2001 "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 17. 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. U1101011501 18. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. 19. The applicant shall furnish a thorough preliminary geological and soils engineering report (the "soils report") with the grading plan. 20. The applicant shall comply with the City's Flood Protection Ordinance. 21. 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. In accordance with said Chapter, 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. 22. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 23. Prior to issuance of building permits, the applicant shall provide a separate document, bearing the seal and signature of a California registered civil engineer or surveyor, that lists actual building pad elevations for the building lots. The document shall list the pad elevation approved on the grading plan, the as -built elevation, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. 511 017 P:\STAN\sdp 97-608 am #2 cc coa.wpd RESOLUTION 2001- CONDITIONS OF APPROVAL -RECOMMENDED SITE DEVELOPMENT PERMIT 97-608, AMENDMENT #2 SEPTEM BER 18, 2001 NMI 24. The applicant shall comply with the provisions of Engineering Bulletin No. 96.03 and the following: Stormwater falling on site during the peak 24-hour period of a 100-year storm shall be retained within the development or in impounded areas on the adjacent golf course unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public or private streets. 25. The applicant shall construct facilities, approved by the City Engineer, which intercept and percolate nuisance water and prevent flow onto golf courses, common areas or off -site locations. The facilities shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area. For design purposes, the maximum percolation rate of native soils shall be two inches per hour. The percolation rate shall be considered zero unless the applicant provides site - specific data which demonstrates otherwise. 26. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 27. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development (or off of the golf course areas) through a designated overflow outlet and into the historic drainage relief route. 28. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 29. If the applicant proposes drainage of stormwater water to off -site locations other than impounded areas on the adjacent golf course, the applicant may be required to design and install first -flush storage, oil/water separation devices, or other screening or pretreatment method(s) to minimize conveyance of contaminants to off -site locations. If the drainage will directly or indirectly enter public waterways, the applicant shall be responsible for any sampling and testing of effluent which may 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 the such discharge of the development's stormwater or nuisance water. 51� 018 P:\STAN\sdp 97-608 am #2 cc coa.wpd RESOLUTION 2001- CONDITIONS OF APPROVAL -RECOMMENDED SITE DEVELOPMENT PERMIT 97-608, AMENDMENT #2 SEPTEMBER 18, 2001 UTILITIES 30. All existing and proposed utilities within or adjacent to the proposed development shall be installed underground. High -voltage power lines which the power authority will not accept underground are exempt from this requirement. 31. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. 32. 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. Eisenhower Drive (Primary Arterial) - Applicant shall construct half of the total street improvements in compliance with the General Plan along the. 500-foot (the property adjacent to TT 30125) frontage on Eisenhower Drive. Applicant shall also construct a six foot meandering sidewalk, parkway landscaping, and a 12-foot raised center median. Applicant will be reimbursed for the cost of the median construction from the Transportation DIF in an amount not to exceed the budget allowance for this median construction. Applicant shall dedicate all future right-of-way along Eisenhower Drive, adjacent to Golf Hole #13 on the Dunes Course (or if renumbered, the golf hole adjacent to Eisenhower Drive), necessary for the construction of Eisenhower Drive pursuant to General Plan street standards. Applicant shall provide a construction easement necessary to permit the construction of a retaining wall, and the necessary easement to permit the construction of the retaining wall on their property. 019 513 P:\STAN\sdp 97-608 am #2 cc coa.wpd RESOLUTION 2001- CONDITIONS OF APPROVAL -RECOMMENDED SITE DEVELOPMENT PERMIT 97-608, AMENDMENT #2 SEPTEMBER 18, 2001 Applicant shall be responsible for all modifications to Golf Hole #13 on the Dunes Course (or if renumbered, the golf hole adjacent to Eisenhower Drive), due to the construction of Eisenhower Drive, including, but not limited to, modifications to golf paths, golf lake, green, tee box, fairway, fencing, irrigation, landscaping, and any other modifications necessary for the safety of the public. The Applicant may enter into a secured agreement for the construction of Eisenhower Drive street improvements or shall construct said street improvements, prior to final map approval. The secured agreement shall reflect a time line as follows: The Eisenhower Drive improvements shall be constructed before or at the same time the Eisenhower Bridge and Eisenhower Drive improvements are made along hole #13 of the Dunes Course (or if renumbered, the golf hole adjacent to Eisenhower Drive). 2. Avenue 50 (Primary Arterial) - Construct median modification to allow left turn from Ave. 50. Construct 8-foot meandering sidewalk from eastern end of bus shelter to the eastern property boundary. 33. Access points and turning movements of traffic shall be restricted to a left- & right-in/right-out driveway on Eisenhower Drive centered in this parcel's frontage. If the entry is gated, the applicant shall provide sufficient stacking room for entering vehicles and a turn -around for rejected vehicles. 34. Improvements shall include all appurtenances such as traffic signs, channelization markings and devices, raised medians if required, street name signs, sidewalks, and mailbox clusters approved in design and location by the U.S. Post Office and the City Engineer. Mid -block street lighting is not required. 35. The City Engineer may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 020 514 P:\STAN\sdp 97-608 am #2 cc coa.wpd RESOLUTION 2001- CONDITIONS OF APPROVAL -RECOMMENDED SITE DEVELOPMENT PERMIT 97-608, AMENDMENT #2 SEPTEMBER 18, 2001 36. Improvement plans for all on- and off -site streets and access gates shall be prepared by professional engineer(s) registered to practice in the State of California. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standards and Supplemental Drawings and Specifications, and as approved by the City Engineer. 37. Street pavement sections shall be based on a Caltrans design for a 20-year life and shall consider soil strength and anticipated traffic loading (including site and building construction traffic). The minimum structural sections shall be as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.011/5.0011 Secondary Arterial 4.011/6.0011 Primary Arterial 4.511/6.0011 Major Arterial 5.511/6.5011 The listed structural sections are minimums, not defaults. Street pavement sections shall be designed using Caltrans design procedures with site -specific data for soil strength and traffic volumes. The applicant shall submit current (no more than two years old) mix designs for base materials, Portland cement concrete and asphalt concrete, including complete mix design lab results, for review and approval by the City. For mix designs over six months old, the submittal shall include recent (no more than six months old at the time proposed for construction) aggregate gradation test results to confirm that the mix design gradations can be reproduced in production of the base or paving material. Construction operations shall not be scheduled until mix designs are approved. 38. DELETED - AUGUST 28, 2001 06"1;'►C7 39. The applicant shall provide landscape improvements in the Eisenhower Drive perimeter setback. Landscape and irrigation plans shall be prepared by a licensed landscape architect. 40. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been 515 021 P:\STAN\sdp 97-608 am #2 cc coa.wpd RESOLUTION 2001- CONDITIONS OF APPROVAL -RECOMMENDED SITE DEVELOPMENT PERMIT 97-608, AMENDMENT #2 SEPTEMBER 18, 2001 approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 41. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way. 42. 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 5-feet of curbs along public streets. 43. Unless otherwise approved by the City Engineer, common basins shall be designed with a turf grass surface which can be mowed with standard tractor - mounted equipment. 44. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 45. 75% of all trees shall be a minimum of 48" box (3 3/4" + caliper) size and 25% a minimum of 36" box size (2 3/4"-3 3/4" caliper), or its equivalent along Eisenhower drive. 46. Parking lot shade trees shall be provided every four parking spaces with trees a minimum 24" box size (2"-2 3/4" caliper). 47. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 48. The applicant shall arrange and bear the cost of measurement, sampling and testing not included in the City's permit inspection program but which are required by the City to provide evidence that materials and their placement comply with plans and specifications. 49. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. 50. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all off -site plans which were signed by the City 022 516 RESOLUTION 2001- CONDITIONS OF APPROVAL -RECOMMENDED SITE DEVELOPMENT PERMIT 97-608, AMENDMENT #2 SEPTEM BER 18, 2001 Engineer. Each sheet of the drawings shall have the words "Record Drawings," "As -Built" or "As -Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the plan computer files previously submitted to the City to reflect the as -constructed condition. MAINTENANCE 51. The applicant shall make provisions for continuous maintenance of drainage, landscaping and on -site street improvements. The applicant shall maintain off - site public improvements until final acceptance of improvements by the City Council. 52. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for plan checking and permits. FIRE MARSHAL 53. Provide or show there exists a water system capable of delivering 2000 gpm for a 2 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 54. A combination of on -site and off -site Super fire hydrants, on a looped system (6" x 4" x 2-1 /2") will be located not less than 25' or more than 165' from any portion of the buildings as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrants in the system. 55. Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 56. Prior to the issuance of a building permit, if any, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans must be signed by a registered Civil Engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". P:\STAN\sdp97-608 am #2 cc coa.w d 023 P P RESOLUTION 2001- CONDITIONS OF APPROVAL -RECOMMENDED SITE DEVELOPMENT PERMIT 97-608, AMENDMENT #2 SEPTEMBER 18, 2001 57. Install a complete fire sprinkler system per NFPA 13 Ordinary Hazard Occupancy, Group 1. The post indicator valve and Fire Department connection shall be located to the front within 50' of a hydrant, and a minimum of 25' from the building. 58. System plans must be submitted to the Fire Department for review, along with a plan/inspection fee. The approved plans, with Fire Department job card must be at the job site for all inspections. 59. Install a supervised water flow fire alarm system as required by the UBC/Riverside County Fire Department and National Fire Protection Association Standard 72. 60. Applicant/developer shall be responsible for obtaining underground/aboveground tank permits from both the County Health and Fire Departments. 61. Install portable fire extinguishers in structures, if any, per NFPA, Pamphlet #10, but not less than 2A1013C in rating. Contact certified extinguisher company for proper placement of equipment. 62. Install Knox Key Lock boxes, Models 4400, 3200 or 1300, mounted per recommended standard of the Knox Company. Plans must be submitted to the Fire Department for approval of mounting location/position and operating standards. Special forms are available from this office for the ordering of the Key Switch, this form must be authorized and signed by this office for the correctly coded system to be purchased. MISCELLANEOUS 63. Prior to issuance of any building permits for structures or fences approved by Site Development Permit 97-608, the developer shall complete the golf maintenance facilities on Avenida Carranza in accordance with CUP 96-024, or any Planning Commission approved amendment thereto. 518 024 P:\STAN\sdp 97-608 am #2 cc coa.wpd ATTACHMENT #1 City Council Minutes 15 June 19, 2001 MODEL HOMES; AND TENTATIVE TRACT MAP 30125 FOR THE SUBDIVISION OF 17.82 ACRES INTO 65 SINGLE FAMILY LOTS AND MISCELLANEOUS LOTS FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF EISENHOWER DRIVE AND AVENUE 50. APPLICANT: KSL DEVELOPMENT CORPORATION. The Mayor declared the PUBLIC HEARING OPEN at 7:15 p.m. Community Development Director Herman presented the staff report. Chevis Hosea, 55-920 PGA Boulevard, of KSL Land Corporation, gave a brief presentation on the proposed project. He stated KSL feels the retaining wall is an over -burdensome cost to the tract and is asking for relief from the street and bridge improvements adjacent to the No. 13 golf hole. They feel the four -lane street and bridge widening will benefit the public more than the homes in this development. In response to Council Member Perkins, Mr. Hosea stated KSL feels the City should look to the ultimate developer to ask the City for assistance in bearing the costs of the improvements and believed the revenues generated by the Vista Montanas development will justify the City bearing the costs . of the improvements. He questioned the requirement to make improvements adjacent to built assets, and noted the Washington Street widening improvements adjacent to Duna La Quinta were funded by the City. In response to Council Member Henderson, Mr. Hosea stated the improvement costs they are asking relief from are estimated at $480,000, including $188,000 for the retaining wall. In response to Council Member Sniff, Mr. Hosea stated the staff report does not reflect discussions between KSL and City staff at the time of the casitas approval about the conditions being associated with the access on Eisenhower Drive. He stated KSL understood they would be responsible for the Eisenhower Drive improvements if the parking lot was not relocated within five years. In response to Mayor Pena, Mr. Hosea stated there was no documentation in the documents received from RTC regarding the Eisenhower Drive improvements as a condition of approval or bonding obligation and that those improvements did not become an obligation until 1996. In response to Council Member Sniff, Mr. Hosea stated he felt the improvements should have been included in the Specific Plan conditions of approval if it was to be an obligation of the project. He also felt the City should 51 026 City Council Minutes 16 June 19, 2001 consider the economic benefit of property development by making it feasible for development. In response to Council Member Adolph, Public Works Director Vogt stated he was not aware of the City ever requiring a developer to construct a bridge. As for the City moving forward with widening Eisenhower Drive, he advised the bridge could be constructed so it does not affect private property and leaving the development to make improvements in the future. The cost to the developer is the Development Impact Fee, which includes the total construction and design of the bridge. He stated developers pay a portion towards this bridge and other regional facilities as part of their payment of Development Impact Fees. He added this does not include the retaining wall. In response to Council Member Henderson, Mr. Hosea stated KSL would prefer building a condominium/hotel resort residential development on the property but is trying to be sensitive to the surrounding properties. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:02 p.m. Council Member Henderson stated she believed there's merit to the developer's request given the loss of value in changing the land use from Tourist Commercial to Low Density Residential. Mayor Pena noted the City has paid for improvements for the public good in other areas and stated he felt this project may qualify for it as well. Council Member Sniff questioned the City being obligated to support residential development to make it economically viable and voiced concern about setting a precedent. Mayor Pena noted if the property is not developed, it will cost the City more in the future to make the improvements and eliminate the "bottleneck" on Eisenhower Drive. Council Member Sniff suggested KSL share the cost of the improvements in order to widen Eisenhower Drive to four lanes but without the City assuming full responsibility. Council Member Adolph stated he supported the project and questioned the fairness of requiring KSL to pay all the improvement costs compared to what they are doing in other areas of the City. He felt the low density designation would help eliminate gridlock on Washington Street. 590 027 City Council Minutes 17 June 19, 2001 Mayor Pena stated he felt the City should look at doing the improvements if they benefit the public. Council Member Perkins stated he didn't see the justification for the City bearing the costs of improvements that the City would otherwise demand of other developers. He was concerned about setting a precedent. Council Member Henderson stated she felt the City should consider developments on an individual basis and that precedents are set only if the City chooses to do so. She supported working with the developer on this issue and suggested the City undertake the costs up to $480,000. She was concerned that doing otherwise would be complicated and maybe trigger other concerns. Mayor Pena concurred. Council Member Sniff commented on the validity of precedents and the difficulty of responding in different ways to developers. He suggested the City pay for the wall and KSL pay for the other costs. He was not prepared for the City to pay all the costs. Council Member Perkins stated he would agree to the City paying part of the costs but not $480,000. Council Member Adolph noted the retaining wall cost is only $188,000. He stated he might feel differently if the project extended to the curb line but it doesn't. He agreed four lanes are needed but objected to KSL being required to make the improvements. Council Member Sniff suggested continuing this item to July 3, 2001, to give staff an opportunity to work out an equitable solution with KSL with the City paying approximately 50% of the costs. Mr. Hosea spoke in opposition to a continuance and noted relocation of the parking lot will not take place if this application is not approved. He added he was not aware of any objections to the proposed project by surrounding property owners. Council Member Perkins stated he could not support a motion to approve the project at this time. Council Member Henderson stated she supported relieving the developer of the conditions of the retaining wall and one lane improvement along the property fronting Hole No. 13. 5 w. 028 City Council Minutes 18 June 19, 2001 Mr. Herman advised a condition will be needed to require dedication of right-of- way and a construction easement for future improvements. Mr. Vogt noted the need to also take into consideration cost of any repairs or changes to Hole No. 13. Council concurred to recess at 9:16 p.m. and continue this item until after Public Hearing No. 3. 3. BLIC HEARING FOR AN AMENDMENT TO TENTATIVE TRACT MAP 29858 P E 23, RECONFIGURING SEVEN ACRES AT THE SOUTHEAST CORNER OF THE ACT INTO 18 SINGLE FAMILY AND OTHER COMMON LOTS LOCATED APPR IMATELY 800 FEET SOUTH OF AVENUE 50 AND WEST OF JEFFER N STREET WITHIN SPECIFIC PLAN 2000-048. APPLICANT: RJT HOMES, L The Mayor dekred the PUBLIC HEARING OPEN at 9:18 p.m. Community DevelbQment Director Herman presented the staff report. Chris Bergh, 79-799 Id Avenue 52, of MDS Consulting, stated they are in agreement with the co itions of approval. There being no other req5qsts to speak, the Mayor declared the PUBLIC HEARING CLOSED at 9:20 p. . RESOLUTION NO. 2001-82 A RESOLUTION OF THE CITY C NCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDM T NO. 1 TO TENTATIVE TRACT MAP 29858 RECONFIGURING SEVEN ACRES THE SOUTHEAST CORNER OF THE TRACT INTO 18 RESIDENTIAL AND OT R COMMON LOTS (RJT HOMES, LLC). It was moved by Council Members Henderso Sniff to adopt Resolution No. 2001-82 as submitted. Motion carried unanimo ly. 59� 021 City Council Minutes 19 June 19, 2001 2. CONTINUED PUBLIC HEARING TO CONSIDER CERTIFICATION OF AN ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO.41: GENERAL PLAN AMENDMENT 2001-078, AND ZONE CHANGE 2001-101 TO CHANGE LANDS CURRENTLY DESIGNATED TOURIST COMMERCIAL TO LOW DENSITY RESIDENTIAL; SPECIFIC PLAN 121-E, AMENDMENT #5 ESTABLISHING DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR THE CONSTRUCTION OF 65 SINGLE FAMILY HOMES, COMMON AREA FACILITIES AND AN AMENDMENT OF THE LANDSCAPING PLANT PALETTE; SITE DEVELOPMENT PERMIT 2001-703 FOR THE DEVELOPMENT PLANS FOR THE MODEL HOMES; AND TENTATIVE TRACT MAP 30125 FOR THE SUBDIVISION OF 17.82 ACRES INTO 65 SINGLE FAMILY LOTS AND MISCELLANEOUS LOTS FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF EISENHOWER DRIVE AND AVENUE 50. APPLICANT: KSL DEVELOPMENT CORPORATION. (This item was continued from Page 18.) Mr. Herman proposed Condition No. 47(A)(1) be modified to read as follows: "Eisenhower Drive (Primary Arterial) - The applicant shall construct half of the total street improvements in compliance with the General Plan along the 500-foot (the property adjacent to Tentative Tract Map 30125) frontage on Eisenhower Drive. The applicant shall also construct a six-foot meandering sidewalk, parkway landscaping, and a 12-foot raised center median. The applicant will be reimbursed for the cost of the median construction from the Transportation DIF in an amount not to exceed the budget allowance for this median construction. The applicant shall dedicate all future right-of-way along Eisenhower Drive (adjacent to Golf Hole No. 13 on the Dunes Course) necessary for the construction of Eisenhower Drive pursuant to the General Plan standards The applicant shall provide a construction easement necessary to construct a retaining wall, including necessary easements to construct said wall on applicant's property. Applicant shall be responsible for all modifications to Golf Hole No. 13 on the Dunes Course, including but not limited to, modifications to golf paths, golf lake, green, tee box, fairway, irrigation, landscaping, and any other modification necessary for the safety of the public." Mayor Pena suggested Hole No. 13 be referred to in the condition as the golf hole adjacent to Eisenhower Drive. 523 oso City Council Minutes 20 June 19, 2001 Mr. Herman advised of additional modifications to Condition No. 47(AW) as follows: "The applicant may enter into a secured agreement for the construction of Eisenhower Drive street improvements or construct street improvements prior to final map. The secured agreement shall reflect the following time line: Eisenhower Drive improvements shall be constructed before or at the same time the Eisenhower Drive bridge and Eisenhower Drive improvements are made along Hole No. 13 for if renumbered, the golf hole adjacent to Eisenhower Drive)." In response to Council Member Sniff, Mr. Herman stated under the proposed condition the developer is responsible for constructing approximately 500 feet of Eisenhower Drive but not responsible for other improvements south of the tract frontage. Although the applicant may bond for the improvements, the improvements must be completed by the time the City constructs the bridge. He stated he was not sure if the road, parkway, sidewalk, and median improvements between the bridge and Tract 30125 were included in the $480,000 figure referenced by KSL but the proposed condition relieves KSL of those improvements. City Attorney Jenson noted the sidewalk and landscaping requirements on the 820 feet are also waived. She recommended if Council approves the proposed conditions that staff be directed to come back with a formal amendment to amend the conditions of approval for the Tract Map and Site Development Permit. In response to Council Member Adolph, Mr. Vogt stated it's not known at this time whether or not the easement and/or right-of-way will fall within the lake boundaries but the proposed condition requires dedication of a construction easement at no cost to the City. In response to Council Member Sniff, Mr. Vogt stated the only cost estimate available at this time for the improvements that the developer is being relieved of is the estimate provided by the developer. He advised the bridge is identified in the CIP for design next year and construction the following year. 504 City Council Minutes 21 ,tune 19, 2001 RESOLUTION NO. 2001-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING AN ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 41 PREPARED FOR GENERAL PLAN AMENDMENT 2001-078, ZONE CHANGE 2001-101, SPECIFIC PLAN 121-E AMENDMENT NO. 5, SITE DEVELOPMENT PERMIT 2001-703, AND TENTATIVE TRACT MAP 30125 (KSL DEVELOPMENT CORPORATION). It was moved by Council Members Henderson/Adolph to adopt Resolution No. 2001-83 as submitted. In response to the City Attorney, Mr. Hosea stated KSL is in agreement with the conditions as modified. Motion carried with Council Member Sniff voting NO. RESOLUTION NO. 2001-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CHANGE IN LAND USE DESIGNATION FROM TOURIST COMMERCIAL TO LOW DENSITY RESIDENTIAL FOR SIX ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF EISENHOWER DRIVE AND AVENUE 50 (GENERAL PLAN AMENDMENT 2001-078 - KSL DEVELOPMENT CORPORATION). It was moved by Council Members Henderson/Adolph to adopt Resolution No. 2001-84 as submitted. Motion carried with Council Member Sniff voting NO. MOTION - It was moved by Council Members Henderson/Adolph to take up Ordinance No. 358 by title and number only and waive further reading. Motion carried with Council Member Sniff voting NO. ORDINANCE NO. 358 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, 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 DRIVE AND AVENUE 50 (ZONE --- CHANGE 2001-101 - KSL DEVELOPMENT CORPORATION). 525 032 City Council Minutes 22 June 19, 2001 It was moved by Council Members Henderson/Adolph to introduce Ordinance No. 358 on first reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Mayor Pena NOES: Council Member Sniff ABSENT: None ABSTAIN: None RESOLUTION NO. 2001-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 121-E AMENDMENT NO. 5 FOR A MIXED -USE DEVELOPMENT INCLUDING RESIDENTIAL, GOLF COURSE, AND TOURIST COMMERCIAL USES ON 622 ACRES KNOWN AS THE LA QUINTA RESORT AND CLUB (KSL DEVELOPMENT CORPORATION). It was moved by Council Members Adolph/Henderson to adopt Resolution No. 2001-85 as submitted. Motion carried with Council Member Sniff voting NO. RESOLUTION NO. 2001-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DEVELOPMENT OF 65 SINGLE FAMILY HOMES WITHIN THE LA QUINTA RESORT SPECIFIC PLAN 121-E AMENDMENT NO. 5(SITE DEVELOPMENT PERMIT 2001-703 - KSL DEVELOPMENT CORPORATION). It was moved by Council Members Henderson/Adolph to adopt Resolution No. 2001-86 as submitted. Motion carried with Council Member Sniff voting NO. RESOLUTION NO. 2001-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SUBDIVISION OF 17.82 ACRES INTO 65 PARCELS AND A NUMBER OF LETTERED LOTS (TENTATIVE TRACT MAP 30125 - KSL DEVELOPMENT CORPORATION). It was moved by Council Members Henderson/Adolph to adopt Resolution No. 2001-87 as amended (amending Condition No. 47(A)(1) as presented by staff). Motion carried with Council Member Sniff voting NO. 526 033 City Council Minutes 23 June 19, 2001 MOTION - It was moved by Council Members Henderson/Adolph to direct staff to come back with amendments for the Tract Map and Site Development Permit for KSL Development. Motion carried with Council Member Sniff voting NO. BUSINESS SESSION ............continued 3. \FICES NSIDERATION OF UTILIZING CITY -OWNED BUILDING IN THE VILLAGE AS FOR LA OUINTA POLICE DEPARTMENT. Manement Analyst Casillas presented the staff report. In respo se to Council Member Perkins, Ms. Casillas advised the utility cost estimates re based on the high -end estimates provided by the Chamber of Commerce. Council Memb Perkins questioned the water and phone cost estimates and asked about the ndscape maintenance cost. Ms. Casillas stated the monthly cost estimate to a the facility to the City's contract with Lundeen is $100. Council Member Sniff tated he was told the air conditioning and heating units in the facility need repa In response to Mayor Pen\di. sistant City Manager Weiss stated staff has inspected the facility but ot conduct a thorough examination of all the facilities in the building. Council Member Sniff noted the abditional repair costs need to be included with the cost estimates. City Manager Genovese noted them tenance/repair costs will exist for any use of the property except for a parkin lot. Council Member Adolph asked if staff has oked into the facility being used as an art gallery or other commercial business. Mr. Weiss responded no, stating staff unde rood the Police Station was Council's preferred use. In response to Mayor Pena, Sergeant Ammons stat he felt the facility would serve the officers' needs and be a win -win situation r the police officers and the City. He noted it will provide more visibility in the 'llage, including storage for the officers' bicycles to use in the village. 034 527 dTTA!_NRAFNT 10 52 N ATTACHMENT #3 - h SA Q AOIUSlm 529 it 036 ATTACHMENT #4 Planning Commission Minutes August 28, 2001 1 . Chairman Abels opened the public hearing and asked fo he staff report. Planning Manager Christine di lorio pr ented the information contained in the staff report, a copy of hich is on file in the Community Development Department. 2. Chairman Abels asked if there were any qu tions of staff. There being none, the applicant was asked to a dress the Commission. Mr. Chris Bergh, representing the appl' ant, stated they were in agreement with the conditions as redo mended and was available to answer any questions. 3. Chairman Abels asked if the were any questions of the applicant. Commissioner Ty r asked how Lot 66 could be developed due to its size. r. Bergh explained it would be a standard unit like all the of rs. It is an odd shape on the corner which requires increased etbacks and as it is right behind the gate it is difficult to get i to which is one of the reasons they left it as large as it is. 4. Chairman Abels ask d if anyone else would like to address the Commission on this ssue. There being no further public comment, Chairman Abels osed the public participation portion of the hearing and ope ed the project for Commission discussion. 5. There being n further discussion, it was moved and seconded by Commission s Kirk/Robbins to adopt Planning Commission Resolution 001-109 approving Tentative Tract Map 30125, Amendme #1,, subject to the findings and conditions as recomme ded. ROLL CALL: ES: Commissioners Butler, Kirk, Robbins, Tyler, and hairman Abels. NOES: None. ABSTAIN: None. ABSENT: None. F. Tentative Parcel Map 28334, Amendment #1 and Si Permit 97-608, Amendment #2: a request of KSL Land Recreation Corporation to amend Conditions of Approval pertaining to required off - site street improvements on Eisenhower drive south of Avenue 50. 1. Chairman Abels opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information 5 O contained in the staff report, a copy of which is on file in the Community Development Department. -037 G:\WPD0CS\PC8-28-01.wpd 9 Planning Commission Minutes August 28, 2001 2. Chairman Abels asked if there were any questions of staff. Commissioner Butler asked if this was before them for "housekeeping" issues only. Staff stated yes. 3. Chairman Abels asked if the applicant would like to address the Commission. As the applicant had no comments and there were no questions of the applicant, Chairman Abels asked if anyone else would like to address the Commission on this issue. 4. There being no further public comment, Chairmen Abels closed the public participation portion of the hearing and opened the project for Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Kirk/Robbins to adopt Planning Commission Resolution 2001 -110 approving Tentative Parcel Map 28334, Amendment #1, subject to the findings and conditions as recommended. ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. 'ABSTAIN: None. ABSENT: None. 6. It was moved and seconded by Commissioners Robbins/Butler to adopt Planning Commission Resolution 2001 -11 1 approving Site Development Permit 97-608, Amendment #2, subject to the findings and conditions as recommended: ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSTAIN: None. ABSENT: None. Chairman AIs recessed the meeting at 8:04 p.m. and reconvened the meeting at moved ;and econded by Commissioners Robbins/Butler to reorganize the to take Bus ine s Items A and B at this time. VII. BUSINESS ITEMS: A. Sin Permit 98-4N, Amendment #1 • a request of Ontario Neon for an amendment to a prev usly approved sign program for the One Eleven La 531 Quinta Shopping Center cated at 78-630 Highway 1 1 1 (Stater Bros.). k. GAWPD0CS\PC8-28-01.wpd 10 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 18, 2001 CONSENT CALENDAR: ITEM TITLE: Public Hearing on Tentative Tract Map 30125 to allow the Reconfiguration of 21 Residential Lots to Encompass Originally Approved Open Space Located at the Southeast Corner of Eisenhower Drive and Avenue 50 Applicant: KSL Land Corporation RECOMMENDATION: STUDY SESSION: PUBLIC HEARING: 3 Adopt a Resolution of the City Council approving an Amendment to Tentative Tract Map 30125, subject to the findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tentative Tract Map 30125 was approved by the City Council on June 19, 2001 by Resolution 2001-87. As approved, the map consists of 65 residential lots and a number of lettered lots. Lots 17 through 37 were approved backing up to a common open space, shown as lots "N" and "O" on the approved map. (Attachment 1) The average lot size is 71653 square feet. Project Request: The applicant is now requesting the approved Tentative Tract Map 30125 be modified to incorporate lots "N" and "O" into the adjoining residential lots. (Attachment 2) This will eliminate the open space, while increasing the size of these 21 lots. The average lot size will increase from 7,653 to 8,508 square feet, and the lots in question will be increased in length by approximately 15 to 20 feet. P:\Miche1e\CCreport.wpd 532 In addition, lot 66 was approved for development of a clubhouse facility. The applicant would now like to use this as an additional residential lot. This would bring the total amount of residential lots to 66, still below the maximum amount allowed by the Zoning and General Plan designations for the property. The La Quinta Planning Commission reviewed the proposed changes (Attachment 3) at their meeting of August 28, 2001 and unanimously recommended the approval of the proposed changes per Resolution 2001-109. Required Findings: The findings outlined in Section 13.12.130 (Mandatory Findings of Approval) of the Municipal Code can be made as noted in the attached Resolution. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving an Amendment to Tentative Tract Map 30125, subject to the findings and Conditions of Approval; or 2. Do not adopt a Resolution of the City Council approving an Amendment to Tentative Tract map 30125; or 3. Refer the matter back to the Planning Commission for further consideration; or 4. Continue the request and provide staff with alternative direction. Respectfully submitted, HeVan Co munity Development Director Approved for submission by, r Thomas P. Genovese, City Manager Attachments: 1. Approved Tentative Tract Map 30125 533 2. Proposed Tentative Tract Map 30125 3. Planning Commission minutes of August 28, 2001 PAMichele\CCreport.wpd RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ALLOWING THE RECONFIGURATION OF 21 RESIDENTIAL LOTS TO ENCOMPASS ORIGINALLY APPROVED OPEN SPACE ON THE SOUTHEAST CORNER OF EISENHOWER DRIVE AND AVENUE 50. CASE NO.: TENTATIVE TRACT MAP 30125 AMENDMENT #1 KSL LAND CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 181h day of September, 2001, hold a duly noticed Public Hearing, at the request of KSL Land Corporation, to consider an amendment to a Tentative Tract Map for a residential tract, more particularly described as: APN: 658-190-004, 773-020-021, 773-020-033, 773-020-034 WHEREAS, Tentative Tract Map 30125 was approved by the City Council on June 19, 2001 under Resolution 2001-87; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28th day of August, 2001, hold a duly noticed Public Hearing, at the request of KSL Land Corporation, to consider an amendment to Tentative Tract Map 30125, and unanimously recommended approval of Amendment No. 1, under Resolution 2001-109; 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 findings, per Section 13.12.130 (Mandatory Findings of Approval), to justify the approval of said Tentative Tract Map Amendment: 1. Consistency with General Plan. The property is designated Low Density Residential. The Land Use Element of the General Plan encourages differing residential developments throughout the City. The project is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2) insofar as Low Density Residential development fits the character of the City's residential community. 2. Consistency with City Zoning Ordinance. The proposed development is consistent with the land uses specified in the Zoning Ordinance, as conditioned. Modifications to the City's standards, which are included in Specific Plan 121-E, Amendment #5, are justified in that the current Amendment does not alter the land uses or the zoning of Tentative Tract Map 30125. 534 0011 PAMichele\CCreso.wpd City Council Resolution 2001- Tentative Tract Map 30125 Amendment #1 KSL Land Corporation Adopted: September 18, 2001 3. Compliance with the California Environmental Quality Act. The La Quinta Community Development Department has determined that this request has been previously assessed in conjunction with Tentative Tract Map 30125 approved by the City Council on June 19, 2001 by Resolution 2001-87. There are no changed circumstances, conditions, or new information which would trigger the preparation of a subsequent environmental assessment pursuant to Public Resources Code Section 21166. 4. Site Design. The proposed design of the subdivision conforms with the development standards found in the General Plan and Zoning Ordinance, as modified in the Specific Plan. In addition, the site is physically suitable for the proposed land division, as the area is flat and without physical constraints, and the Tentative Tract Map amendment is consistent with other parcels in the La Quinta Resort project. 5. Site Improvements. Infrastructure improvements such as gas, electric, sewer and water will service the site in underground facilities as required. No adverse impacts have been identified based on letters of response from affected public agencies. 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 constitute the findings of said City Council in this case; 2. That it does hereby approve the above described Tentative Tract Map Amendment, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council, held on this 18th day of September, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 535 004 P:\Michele\CCreso.wpd City Council Resolution 2001- Tentative Tract Map 30125 Amendment #1 KSL Land Corporation Adopted: September 18, 2001 JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 536 005 P:\Michele\CCreso.wpd RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 30125 - AMENDMENT #1 KSL LAND CORPORATION SEPTEMBER 18, 2001 GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers, and employees from any claim, action, or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map amendment. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action, or proceeding and shall cooperate fully in the defense. 2. This tentative map and any final maps thereunder shall comply with the requirements and standards of Sections 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). 3. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) 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. 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 (NOI) 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. 537 PAMichele\CCcoa.wpd 0 0 " RESOLUTION 2001- CONDITIONS OF APPROVAL - Recommended TENTATIVE TRACT MAP 30125 - AMENDMENT #1 KSL LAND CORPORATION SEPTEMBER 18, 2001 4. Final maps under this tentative map shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of final map approval. 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. Applicant shall provide an easement of sufficient width to allow the construction of a retaining wall to be extended from the applicant's retaining wall adjacent to Eisenhower Drive. 8. Right of way dedications required of this development include: A. PUBLIC STREETS 1. Eisenhower Drive (Primary Arterial) - 50-foot half of the 100-foot right of way. 2. Avenue 50 (Primary Arterial) - 50-foot half of the 100-foot right of way, measured from the existing improvement construction centerline. B. PRIVATE STREETS 1. Residential (Street Lots A-F): 31-foot minimum width with roll -type curb (providing minimum travel width of 28-feet, measured gutter flow - line to gutter flow -line). Right of way may be reduced to 29-feet with vertical curbs. On -street parking is prohibited provided and the applicant must make provision for ongoing enforcement of the restriction. 2. Private Gated Entry: 82-feet or as required to provide adequate egress and turn -around for non -admitted visitors, as approved by the City Engineer. 538 3. Emergency Access (Lot H): 25-foot. PAMichele\CCcoa.wpd RESOLUTION 2001- CONDITIONS OF APPROVAL - Recommended TENTATIVE TRACT MAP 30125 - AMENDMENT #1 KSL LAND CORPORATION SEPTEMBER 18, 2001 C. CULS-DE-SAC 1. Public or Private: Use Riverside County Standard 800 (symmetric) or 800A (offset) with 39-foot radius for vertical curbs and 41-foot radius for rolled curbs to provide travel radius of 38-feet measured gutter flow -line to gutter flow -line, or larger. 9. Right of way geometry for knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 10. Dedications shall include additional widths as necessary for the existing bus turnout on Avenue 50. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, and other features contained in the approved construction plans. 12. 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. 13. 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. 14. 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. Eisenhower Drive (Primary Arterial): 20-feet. B. Avenue 50 (Primary Arterial): 20-feet. The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 15. 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. 16. The applicant shall vacate abutter's rights of access to public streets and properties 539 from all frontage along the streets and properties except access points shown on the approved tentative map. 008 PAMichele\CCcoa.wpd RESOLUTION 2001- CONDITIONS OF APPROVAL - Recommended TENTATIVE TRACT MAP 30125 - AMENDMENT #1 KSL LAND CORPORATION SEPTEMBER 18, 2001 17. 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. 18. 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. 19. 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($) 20. 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. 20A. Tentative Parcel Map 30146 shall be recorded prior to the recordation of Tentative Tract Map 30125. 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. 21. 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. 540 Ong P:\Michele\CCcoa.wpd RESOLUTION 2001- CONDITIONS OF APPROVAL - Recommended TENTATIVE TRACT MAP 30125 - AMENDMENT #1 KSL LAND CORPORATION SEPTEMBER 18, 2001 "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. 22. 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. 23. 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. IMPROVEMENT AGREEMENT 24. 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. 25. 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, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. cJ 41 010 P:\Michele\CCcoa.wpd RESOLUTION 2001- CONDITIONS OF APPROVAL - Recommended TENTATIVE TRACT MAP 30125 - AMENDMENT #1 KSL LAND CORPORATION SEPTEMBER 18, 2001 26. 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. 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. 27. 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. The perimeter walls along Eisenhower Drive and Avenue 50 shall be constructed at the time the homes are built along either of the two streets. The Community Development Department shall determine the portion of the wall that shall be installed when building permits are issued for the clubhouse. 28. If the applicant fails to construct improvements or satisfy obligations in a timely manner of 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. GRADING 29. Provide 2-foot wide flat areas between Lots 1-5 and 55-61 and the water features adjacent to said lots for pedestrian traffic. The pedestrian walking area should be adjacent to the lot lines. 30. Slopes adjacent to the golf course water features shall not exceed 3:1. 31. Prior to issuance of a grading permit, applicant shall submit written verification of the Water Quality Control Board's acceptance of applicant's filing of the Notice of Intent (NOI) to comply with State and Federal NPDES regulations. 542 011 P:\Michele\CCcoa.wpd RESOLUTION 2001- CONDITIONS OF APPROVAL - Recommended TENTATIVE TRACT MAP 30125 - AMENDMENT #1 KSL LAND CORPORATION SEPTEMBER 18, 2001 32. 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. 33. 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. 34. 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. 35. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 36. 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. DRAINAGE 37. 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. 38. Stormwater shall normally be retained in the golf course water features. 39. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 40. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 543 P:\Miche1e\CCcoa.wpd RESOLUTION 2001- CONDITIONS OF APPROVAL - Recommended TENTATIVE TRACT MAP 30125 - AMENDMENT #1 KSL LAND CORPORATION SEPTEMBER 18, 2001 41. Nuisance water shall be retained on site and disposed of in an approved method. 42. 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 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&Rs for meeting these potential obligations. UTILITIES 43. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground 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. 44. 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. REQUIRED IMPROVEMENTS 45. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 46. Provide safety railing along the top of the retaining wall adjacent to Lot 53. Safety railing shall be capable of providing for the safety of pedestrians and occupants of golf carts. 47. 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.) 544 (A) OFF -SITE STREETS 013 P:\Miche1e\CCcoa.wpd RESOLUTION 2001- CONDITIONS OF APPROVAL - Recommended TENTATIVE TRACT MAP 30125 - AMENDMENT #1 KSL LAND CORPORATION SEPTEMBER 18, 2001 1. Eisenhower Drive (Primary Arterial) - Applicant shall construct half of the total street improvements in compliance with the General Plan along the 500-foot (the property adjacent to TT 30125) frontage on Eisenhower Drive. Applicant shall also construct a six foot meandering sidewalk, parkway landscaping, and a 12-foot raised center median. Applicant will be reimbursed for the cost of the median construction from the Transportation DIF in an amount not to exceed the budget allowance for this median construction. Applicant shall dedicate all future right-of-way along Eisenhower Drive, adjacent to Golf Hole #13 on the Dunes course (or if renumbered, the golf hole adjacent to Eisenhower Drive), necessary for the construction of Eisenhower Drive pursuant to General Plan street standards. Applicant shall dedicate a temporary construction easement to the City of La Quinta, ten (10) feet wide, along the east side of Eisenhower Drive from the southerly tract boundary south to the bridge across the Oleander Reservoir Evacuation Channel (adjacent to Parcel 3, Parcel Map 28334, PMB 189/29-31). The west boundary of said easement shall be the east Right -of -Way line of Eisenhower Drive. Said easement shall be to allow the future construction of a block retaining wall. Applicant shall dedicate a permanent easement to the City of La Quinta, three (3) feet wide, along the east side of Eisenhower Drive from the southerly tract boundary south to the bridge across the Oleander Reservoir Evacuation Channel (adjacent to Parcel 3, Parcel Map 28334, PMB 189/29-31). The west boundary of said easement shall be the east Right -of Way line of Eisenhower Drive. Said easement shall be for the future block retaining wall. Applicant shall be responsible for all modifications to Golf Hole #13 on the Dunes Course (or if renumbered, the golf hole adjacent to Eisenhower Drive), due to the construction of Eisenhower Drive, including, but not limited to, modifications to golf paths, golf lake, green, tee box, fairway, fencing, irrigation, landscaping, and any other modifications necessary for the safety of the public. The Applicant may enter into a secured agreement for the construction of Eisenhower Drive street improvements or shall 540 construct said street improvements, prior to final map approval. The secured agreement shall reflect a time line as follows: C' 14 P:\Michele\CCcoa.wpd RESOLUTION 2001- CONDITIONS OF APPROVAL - Recommended TENTATIVE TRACT MAP 30125 - AMENDMENT #1 KSL LAND CORPORATION SEPTEMBER 18, 2001 The Eisenhower Drive improvements shall be constructed before or at the same time the Eisenhower Bridge and Eisenhower Drive improvements are made along hole #13 of the Dunes Course (or if renumbered, the golf hole adjacent to Eisenhower Drive). 2. Avenue 50 (Primary Arterial) - Construct median modification to allow left turn from Avenue 50. Construct 8-foot meandering sidewalk from eastern end of bus shelter to the eastern property boundary. B. PRIVATE STREETS 1. Residential (Lots A-F): 28-foot travel width, minimum, measured gutter flow -line to gutter flow -line. On -street parking shall be prohibited and applicant will provide for perpetual enforcement of the restriction by the homeowner's association. 2. Emergency Access (Lot G): Minimum 25-foot travel width, measured gutter flow -line to gutter flow -line. C. CULS DE SAC 1. Use Riverside County Standard 800 (symmetric) or 800A (offset) with 38-foot curb radius, measured gutter flow -line to gutter flow -line. 48. 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. 49. 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). 50. 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. 51. Knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 546 015 P:\Michele\CCcoa.wpd RESOLUTION 2001- CONDITIONS OF APPROVAL - Recommended TENTATIVE TRACT MAP 30125 - AMENDMENT #1 KSL LAND CORPORATION SEPTEMBER 18, 2001 52. 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. 53. 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 3.0" a.c./4.50" c.a.b. Collector 4.0"/5.00" Secondary Arterial 4.011/6.00" Primary Arterial 4.511/6.00" Major Arterial 5.511/6.50" 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. 54. 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. LANDSCAPING 55. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 56. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 547 Of PAMichele\CCcoa.wpd RESOLUTION 2001- CONDITIONS OF APPROVAL - Recommended TENTATIVE TRACT MAP 30125 - AMENDMENT #1 KSL LAND CORPORATION SEPTEMBER 18, 2001 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. 57. 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. PUBLIC SERVICES 58. The applicant shall provide public transit improvements as required by Sunline Transit and approved by the City Engineer. QUALITY ASSURANCE 59. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 60. 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. 61. 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. 62. Upon completion of construction 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 63. The applicant shall make provisions for continuous, perpetual maintenance of all on - site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. 543 4� 017 P:\Michele\CCcoa.wpd RESOLUTION 2001- CONDITIONS OF APPROVAL - Recommended TENTATIVE TRACT MAP 30125 - AMENDMENT #1 KSL LAND CORPORATION SEPTEMBER 18, 2001 FEES AND DEPOSITS 64. 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. 65. 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. 66. Prior to final inspection of the tenth house, the permanent employee parking facilities located at Calle Tampico and Avenida Bermudas shall have been completed to the satisfaction of the City, shall be fully accessible to La Quinta Resort and Club employees, and shall have shuttle service established. COMMUNITY DEVELOPMENT 67. Development of this site shall be in substantial conformance with Exhibits approved and contained in the file for Tentative Tract Map 30125, unless amended by the attached conditions. 549 NOW P:\Michele\CCcoa.wpd ATTACHMENT__ mull I i I .I ' 1 R i •:�:: !!° � 7� •__,r .nr is °I `� -� � 3 ' O��i ,� I ' • � � 1 � M c ✓ as I � 7 Jim 41 PON so I r- �i i �� j ',• �p w. ' t I '� tww vW F Ili �: r• I 31a0H _ 311�0 tQk _. .: f �p �`� �` - }fi '` •� I j I or LOT A' FSol Its .-A m 0 At 31 Rid - ", s� -- r� �� . ', ,.� ••' Alt 1 � � I I ,"' 0 1 i 9 "04 i ,"�� • �I � O r 1 �� O! a ,�►,', % �i • � "_ `� ri� :��: I I 04 M�fib :,; ,'4 �� i � - �� n�3" � •�'� r � � � �'" ` 1_ nh 1341, fit IJ��'/owl l' V �I 1fA— !•!� III ; � I +i/ .� 1 �I '� � � /� r Z' f• tn�j• '��' �J, ii'� I`;H- W 3AIlJO M3MOHN3SI3 _.. ....._ . _..----`— --- .---- •---.�.._.___ "'. ---- . .. _=�,-.-urJV MLR \ J+ • .. ._.. .� � _.._. i..... _. ...._ _ �_a. �V •e.. #1 550 ATTACHMENT It ttt Put 11i t{{!tt —� � t-t•t'ttt t �aa ��!l��rlt � � N � �'!�� ! till l�t�� on► . ►► � � �a � • e i � .rh. tt Yfl� jt 9hY►iM.► �® ' 7Ft; 9454g9�45 i ■ s '�nl I al ab ✓ 'yQ� • 1./ r A~� .. L9pl IC r , ^•ti 1� �-Ve -46 � • ,_�t' r,i, 1, - �------ �\ \ � 1, Yam". � +/,t'� M` ,., � -- Lu 11. `� - e �' d r{ ! c of �d• \ �, �:� ..i•. �, 1 1`!` I# ' u a 4, J .,.�1��. N . �� / �►- �� !' `•" � ,;'i �� `V' i err I I ' a 064 JA ON I � : �\--• tl � �,, i'r. • 4 ,' �t I r �I vim. ; i t o! Lu I 1 P , ` e I ,Tar � i i-, I '. �,'•.. , r� -' _,. ._ .... ..:.. � \ h� r.''1 TI WIL - -co _ ..... .3/11ilG "a3MOHN3SF3._. - - f 9_-'--'.�.�,".-�"�••' :r,-m- _ ____- --+'.. i W Ii .....-., .. — 5 5. ATTACHMENT #3 Planning Commission Minutes August 28, 2001 8. Commissioner Robbins stated he was confused about having an application stating one location and the applicant wanting a different. He can understand the applicant's concern for visibili , but he is uncertain as to where the sign(s) should be, as this ould set a precedent for future tenants. 10. Commissioner Butler stated 1 allowed with the possibility o future. 1 1 . Commissioner Tyler stated he needed visibility from Hg z approving the sign reques as 12. Chairman Abels state he conic ving two signs could be g one of the signs in the reed with the applicant that they 111. He would recommend with Commissioner Tyler. 13. There being no fur er discussion, it was moved and seconded by Commissioners yler/Butler to adopt Planning Commission Resolution 20 -108, approving Site Development Permit 2000- 682, Amen ent #2, subject to the findings and conditions as amended onditon #2: The raceway shall be painted to match the gilding. ondition #3: The second sign shall be located on the south evation. ROL CALL: AYES: Commissioners Butler, Tyler, and Chairman Abels. NOES: Commissioners Kirk and Robbins. ABSTAIN: None. ABSENT: None. E. Tentative Tract Map 30125 Amendment #1: a request of KSL Land ~--'"— Corporation for approval of a reconfiguration of 21 of 55 residential lots to encompass originally approved open space for the property located at the southeast corner of Eisenhower Drive and Avenue 50. 552 r` GAWPD0CS\PC8-28-01.wpd 8 v �' Planning Commission Minutes August 28, 2001 1. Chairman Abels 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. 2. Chairman Abels asked if there were any questions of staff. There being none, the applicant was asked to address the Commission. Mr. Chris Bergh, representing the applicant, stated they were in agreement with the conditions as recommended and was available to answer any questions. 3. Chairman Abels asked if applicant. Commissioner developed due to its size. standard unit like all the of which requires increased ; gate it is difficult to get intc it as large as it is. 4. Chairman Abels asked if anyone elsewould like to address the Commission on this issue. There being no further public comment, Chairman Abels closed the public participation portion of the hearing and opened the project for Commission discussion. There being no further discussion, it was moved and seconded by Commissioners Kirk/Robbins to adopt Planning Commission Resolution 2001-109 approving Tentative Tract Map 30125, Amendment #1 subject to the findings and conditions as recommended. OLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSTAIN: None. ABSENT: None. Pe I mit 97- 8 Amendment #2 • a request of KSL Land Recreation Corporation to end Conditions of Approval pertaining to required off - site street improv ents on Eisenhower drive south of Avenue 50. 1 . Chairman Abels ened the public hearing and asked for the staff report. Principal P ner Stan Sawa presented the information contained in the staf eport, a copy of which is on file in the Community Development epartment. 553 0 P 3 G:\WPDOCS\PC8-28-01.wpd 9 COUNCIL/RDA MEETING DATE: September 18, 2001 Public Hearing to Amend the Specific Plan to Allow Parking Lot Lighting Fixtures Instead of Bollard Lighting so as to Meet the City's Zoning Code Parking Lot Lighting Standards Applicant: La Quinta Arts Foundation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Specific Plan 2000-042, Amendment #1, subject to the findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Arts Foundation Specific Plan 2000-042 was approved by the City Council in June 2000. The applicant, under the Specific Plan, is required to provide low vertical light bollards within all parking lots. The applicant has subsequently determined that alternative lighting is necessary to meet the City's Zoning Code requirements. City staff, Arts Foundation representatives and the Homeowners' Association Board members of Laguna de la Paz met on August 23, 2001. A presentation was given by the lighting consultant who then answered questions. Project Request The applicant has filed a request to amend the Specific Plan to allow 18 foot high parking lot light fixtures in place of the bollard lighting. The reason for this amendment is that in completing the parking lot lighting plan, the applicant's lighting consultant determined and demonstrated to City staff that the originally proposed bollard lights could not meet the City's lighting standards (Section 9.150.080(K)(8)). 554 G:\WPDOCS\cccdi Arts SP00-042.wpd The Specific Plan Amendment proposes changes only to Page 27 of the document (Attachment 1). The section on bollard lighting would be deleted, and new language inserted which allows the installation of 18 foot high lighting standards with light fixtures having flat lenses. In accordance with the mitigation measures, the proposed light standards will be located a minimum of 50 feet to the north of the Laguna de la Paz boundary. The fixtures will also be shielded so as to eliminate possible light glare and spillage onto the residential structures at Laguna de la Paz. A photometric study has been prepared, as well as a narrative description, titled "Site Lighting Comparisons", which demonstrates that the proposed parking lot lighting fixtures maintain an average footcandle of 1 .16 within all parking areas and 0.02 at the Laguna de la Paz property line (Attachment 2). The bollard lighting maintained zero footcandles at the property line and provided an average footcandle of 1.09, but did not provide adequate minimum to maximum lighting ratios to ensure safe pedestrian and vehicular traffic in the parking lots (i.e., there were "hot spots" and dark areas). Planning Commission Action The Planning Commission at its August 28, 2001 meeting (Attachment 3), reviewed and unanimously recommended approval of the modification to the Specific Plan allowing the 18-foot high light standards. Public Notice This application was advertised in the Desert Sun newspaper on August 16, 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. Two letters were received in regards to the request (Attachment 4). Public Agency Review All written comments received are on file with the Community Development Department. All applicable agency comments received have been made part of the Conditions of Approval for this case. FINDINGS AND ALTERNATIVES: The findings necessary to approve this request can be made, and are included in the attached Resolution, with the exception of the following: Finding 1 - Land Use Compatibility The proposed Amendment is compatible with adjacent properties, insofar as lighting levels will be only 0.01 foot-candle at the property line. However, with regard to reducing visibility of the light standards, staff is recommending the Fight fixtures are painted a brown color to blend in with the mountains to the west of the site (Condition 555 2). 002. G:\WPDOCS\cccdi ArtsSP00-042.wpd The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Specific Plan 2000-042, Amendment #1, subject to the findings and Conditions of Approval; or 2. Do not adopt a Resolution of the City Council approving Specific Plan 2000- 042, Amendment #1; or 3. Remand the applications back to the Planning Commission for further consideration; or 4. Continue the request and provide staff with alternative direction. Respectfully submitted, Christine di lorio, tanning Manager Approved for submission by: � r Mark Weiss, Assistant City Manager Attachments: 1. Specific Plan 2000-042 Document 2. Photometric Study (City Council only) with narrative description of the proposed lighting 3. Planning Commission Minutes of August 28, 2001 4. Letters in response to request 556 003 G:\WPDOCS\cccdi ArtsSP00-042.wpd RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO ALLOW 18 FOOT HIGH LIGHTING STANDARDS IN PARKING LOTS ON THE WEST SIDE OF WASHINGTON STREET, BETWEEN 47TH AND 48TH AVENUES. CASE NO.: SPECIFIC PLAN 00-042, AMENDMENT #1 APPLICANT: LA QUINTA ARTS FOUNDATION WHEREAS, the City Council of the City of La Quinta, California, did on the 18th day of September, 2001, hold a duly noticed Public Hearing for the La Quinta Arts Foundation for review of a Specific Plan Amendment to allow 18 foot high lighting standards within the parking lots on 28.33 ± acres located on the west side of Washington Street, between Avenues 47 and 48, more particularly described as: APN 643-090-024 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28th day of August, 2001, hold a duly noticed Public Hearing for the La Quinta Arts Foundation and unanimously approved a Specific Plan Amendment to allow 18 foot high lighting standards within the parking lots on 28.33 ± acres located on the west side of Washington Street, between Avenues 47 and 48; 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 approving said Specific Plan Amendment: 1. The proposed Specific Plan Amendment is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and supports the development of the proposed project. 2. The proposed Specific Plan Amendment is compatible with the City's Zoning Ordinance in that it implements the City's lighting standards. 3. The proposed Specific Plan Amendment will not be detrimental to the public health, safety and welfare, as it will provide a safe environment for drivers and pedestrians. 4. Development of the proposed Specific Plan Amendment is compatible with the parcel on which it is proposed, and surrounding land uses along Washington Street. 557 r1+04 G AWPDOCS\CCResoArtsAmd.wpd City Council Resolution 2001- Specific Plan 2000-042, Amendment #1 La Quinta Arts Foundation Adopted: September 18, 2001 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 determine that the Specific Plan Amendment is within the scope of Environmental Assessment 00-394 and no further environmental review is required; and, 3. That it does approve Specific Plan 2000-042, Amendment # 1 for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 18th day of September, 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/AAE City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 553 005 G:\WPDOCS\CCResoArtsAmd.wpd CITY COUNCIL RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2000-042, AMENDMENT #1 LA QUINTA ARTS FOUNDATION SEPTEMBER 18, 2001 1 . The applicant 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 this project. This indemnification shall include any award toward attorney's fees. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 2. The applicant shall specify on the lighting plan that the light fixtures will be brown in color to blend with the adjacent hillside and the light fixtures shall be a maximum of 18-feet in height. 559 006 G:\WPDOCS\CCResoArtsAmd.wpd La Quinta Arts Foundation Speck Plan ATTACHMENT #1 2.0 DEVELOPMENT PLAN 2.1 Project Description The following are the potential activities and levels of attendance: Outdoor Museums and Sculpture Galleries • Outdoor museums and galleries. • Outdoor Sculpture Gallery. • Picnic grounds. • Outdoor arts classes: painting, drawing, and sculpture. Foundation Building Pending future construction, hours of office operation will be 7:00 A.M. to 10:00 P.M. daily; Programming and events 7 A.M. to 12:00 midnight daily. • Gallery shows and art exhibits. • Classes, lectures, seminars, workshops, training sessions, children activities. • Revenue producing events in support of LQAF mission. • Daily administrative business. • Volunteer workers. • 40 gallery events and 135 educational events estimated annually. • Ongoing classroom events. • Artists studios/galleries. Outdoor Festival Grounds Events to be held on the outdoor Festival Grounds will be consistent with LQAF mission, including arts and crafts, literary, collectibles and culinary events. Except as provided below, all events requiring time for "set up" and "break down" activities in the Festival Grounds shall conform to the City's hours for construction activities, as stipulated in the noise ordinance (Municipal Code Section 6.08.050). The facility will be open to the public between 8:00 A.M. and 12:00 midnight, including Sundays and holidays, except for major and medium events, when "break down" time shall be allowed until 10:00 P.M. "Break down" for the public health and safety, in the event of an emergency, will be allowed outside of the hours specified above. • Major events (5 estimated annually): Lasting up to 4 days averaging 9,000 attendees per day. • Medium events (5 estimated annually): Lasting up to 2 days averaging 5,000 attendees per day. • Minor events (25 estimated annually): Lasting 1 day with up to 5,000 attendees. 20 560 008 June 20, 2000 Warmer er9neenng La Quints Arts Foundation Specific Plan The "Terraces" Events to be held in the Terraces will be consistent with LQAF mission, including concerts, recitals, opera, theater, dance, cinema and Shakespeare productions. Attendance will be between 8,00 A.M. and 12:00 midnight. • Major events (5 estimated attendees per performance. • Minor events (40 estimated per performance. Native American Memorial annually): Lasting up to 4 days averaging 2,400 annually): Lasting 1 day averaging 2,400 attendees • Tour and field trip destinations providing education and awareness of Native American culture. The Foundation shall, within 10 days of the beginning of each quarter each year, submit a list of the events which occurred in the previous quarter, and those which are planned in that quarter to the Community Development Department, to ensure compliance with the events list in this section. 2.1.1 The Site The project site area consists of one 28.33 acre lot of record (APN 643-090-024) with located along the west side of Washington Street, a major arterial, at the northwest corner of the terminus of Avenue 48 with a north -south site frontage along Washington Street of approximately 1,400 feet, with an average east -west lot depth of 880 feet, not including the Artists' Parking Lot located in the southwest portion of the site. Washington Street is currently a 4-4ane divided street, planned for widening to a 6 lane landscaped boulevard with limited access. The site consists of rolling sand -swept slopes and is bordered along the north side by undeveloped lands belonging to St. Francis of Assisi Roman Catholic Church. Adjacent to the south side of LQAF site is the Laguna de la Paz development, a residential development of single-family detached homes. On the east side of Washington Street, opposite the project site is the Lake La Quinta residential development and undeveloped lands that LQAF understands may be under_ consideration for construction of a medical center. The existing topography of the site generally consists of sloping sand deposits adjoining the adjacent undeveloped rocky hills in the parcels to the west (Santa Rosa Mountains), with rocky, steep vertical rises that characterize the backdrop to this property. 2.1.2 Site Plan The project is proposed for construction in phases, subject to the schedule as presented later in this document in Section 6.0, "Phasing and Implementation." The following 21 June 20, 2000 561 009 Warner V engmeenng La Quinta Arts Foundation Specific Plan presents descriptions of the various aspects proposed in the development of this site (Reference Exhibit 2-A): View of the Site from Washington Street Two bi-directional drive approaches are proposed from Washington Street each restricting motor vehicle entry to "right-in/right-out." The main entrance/main drive approach is situated a distance of approximately 580 feet north of the south property line with a secondary entrance located approximately 25 feet south of the north property line. The view of the overall site from the street is expected to be characterized by undulating 4 foot landscaped berms adjacent the public right-of-way with canopies of perimeter trees situated occasionally along a meandering public walk across the entire frontage. Limited visibility of parked cars in the General Parking Lot will be achieved since the finish grade for the General Parking Lot will be depressed approximately 2 to 3 feet (for storm water retention purposes) below the center of Washington Street, when combined with the perimeter landscape berms along Washington Street. With the Santa Rosa Mountains serving as a backdrop to the property, the average building pad elevation (88.0') for the future Foundation building, as determined by the average existing elevations, will result in a building pad elevation of approximately 28 feet above the parallel portion of Washington Street (The existing elevations range between 10 to 55 feet above Washington Street). To commemorate individuals, organizations, participating vendors, and corporate sponsors of events taking place at LQAF site, their names and/or logos will appear on festival banners, the placement of which shall be subject to the Banner Plan discussed above. The festival banners will be vertically hung, and attached to tall decorative poles placed at regular intervals inside of the property line along the Washington Street frontage. The banners will consist of bold, contrasting colors and materials, and will coordinate with the intensity, colors and architectural theme of the future Foundation building and LQAF site in general. Festival poles adjacent to the Washington Street frontage will have a uniform design and a height not exceeding 30 feet, and placed at regular 200 foot (or more) intervals, placed no less than 100 feet from adjoining property lines north and south, with vertically hung decorative festival banners not exceeding 20 square feet each. Main Drive Approach The '40 foot wide main drive approach into the site will accommodate two-way vehicle traffic, parallel parking on each side of the street, with meandering sidewalks on each side of the main drive aisle separated by generous landscaping. The main drive approach connects east from Washington Street westerly to the main Outdoor Sculpture Gallery. Both pedestrian and vehicle traffic entering the site will observe a transition from the public street of contrasting decorative pavement, possibly stamped colored concrete (i.e. "Bomanite" or equal) leading into the site from the main drive approach that convey a quality image with a sense of greenness, openness and order. The main Outdoor Sculpture Gallery that the main drive approach connects to, will serve as a 56:4. 22 - 010 June 20, 2000 y W1f f'fE.!' La Quinta Arts Foundation Speck Plan passive public neighborhood park area that will remain accessible to the public when access to other areas of the site are blocked for security purposes when those portions of the site are not in use, or when use is restricted during scheduled events. The City's General Plan Park and Recreation Policy Diagram map and Open Space Policy Diagram map designates a conceptual location for a neighborhood park in the general vicinity located west of LQAF site. This proposed passive park on LQAF site will essentially function in fulfillment with the general objectives of a neighborhood park as specified in the General Plan. As per City development standards, crossbars, stop signs, and other directional signs will be installed as traffic control devices to accommodate traffic exiting the site. Occasional bunches of palm trees will colonnade the entrance area that conveys a sense of "celebration." The entry elements will be visually connected and flow with the perimeter landscaping and the meandering sidewalk. In addition to the paralleling bunches of palm trees, placement of occasional sculptural pieces with intermixed picnic tables and benches will flank the main entrance leading to the ticket building to further enhance the integrity of LQAF's mission objectives and a sense of "arrival" accompanied by generous desert hardy landscape berms. To greet visitors to the site, a decorative permanent monument sign will be placed near the main entrance adjacent the Washington Street frontage. Alternatively, in lieu of the monument sign, similarly designed permanent entry signs identifying LQAF site may be mounted on the decorative walls that flank each side of the main entry drive, incorporating an average 20 foot depth if a meandering wall design is approved. The project identification signage will thematically be reflective of the future Foundation building architecture, as detailed further in Section 7.6 of this Specific Plan. On -site promotion of LQAF events will utilize decorative festival banners announcing upcoming and ongoing events on LQAF site, and will be used year-round to accommodate various events. Banners will be tie -attached to corresponding palm trees that colonnade each side of the main drive approach and stretch above the main entry drive lanes and throughout other portions of the site less visible from the Washington Street frontage, or attached to buildings. The total number of temporary banners and signs proposed are specified earlier in Section 1.2.2.4 of this Specific Plan. Secondary Drive Approach This 36 foot wide approach starts a distance of approximately 25 feet south of the north property line connecting to a 36 foot wide curvilinear private street that generally borders the north and west perimeters of the site, with a sufficient width that accommodates parallel parking without interfering with two-way traffic. Specific to this portion of the street, the street has a meandering design so as to minimize direct visibility of the continuing street ahead. This two-way street serves as a perimeter road and accesses the northern portion of the General Parking Lot, the VIP Parking Lot, the future Foundation building site, and ultimately the Artists' Parking Lot located at the southwest portion of the site. As a transition from Washington Street, contrasting 563 Oil June 20, 2000 23 Warner engng La Quinta Arts Foundation SpecffIc Plan pavement similar to that found at the main entrance will be installed at this entrance. On -street parking on the perimeter road that the secondary approach turns in to will accommodate parking on one side of the street so as to not encumber two-way vehicle traffic. Internal Circulation The project circulation network is composed of a logical hierarchy of two-way roads, ranging from 40 feet at the main entry, 36 feet at the secondary (northerly) entry that accommodates parallel parking and 36 feet for both the main north -south road extending west of the General Parking Lot that also accommodates similar parallel parking (north of the main entry), and the 36 foot wide perimeter road leading west to the Artists' Parking Lot that also accommodates parallel parking. The conceptual grading plan includes typical cross -sectional drawings for the internal roadways. All internal roadways and sidewalks connecting to the various functional sections on the site will be paved asphalt or concrete, and as noted above, will restrict on -street parking in a parallel parking arrangement on the right side only. This arrangement will provide approximately 178 parallel parking spaces on the internal roadways, and another 43 parking spaces (parking to meet specific Americans with Disabilities Act requirements not calculated, but designed to accommodate) at the cul-de-sac terminus of the perimeter road east of the Artists' Parking Lot. Although not specifically calculated, the on -street parallel parking of oversized vehicles or recreational vehicles that occupy greater vehicle lengths, will result in fewer on -street parking spaces. Both entries and all roadways are designed to accommodate two-way traffic. The main drive approach conveys traffic primarily to the two general parking areas (General Parking Lot), but also leads past the roadway that borders the west side of the General Parking Lot connecting to the circular drop-off area and the valet parking area. The 36 foot wide secondary approach turns into a winding curvilinear perimeter road accommodating all types of vehicles entering into the site and parallel parking. This road also accesses the main visitor parking area and continues westerly in a curvilinear manner, with the road gently rising as it approaches the location of the future Foundation building site and future adjacent parking lot, and continuing in a southward direction and connecting to the Artists' Parking Lot where the road terminates into a cul- de-sac. This drive also serves as the vehicle access route to drop-off individuals with physical disabilities, to the food staging area and other facility spaces for service deliveries, and vehicle turn -around located south of the future Foundation building_ site. Blue retro-reflective pavement markers will be mounted on private streets, public streets, and driveways to indicate the location of fire hydrants, and prior to their installation, placement of all markers will be subject to approval by the Riverside County Fire Department. Two separate sets of decorative metal gates are proposed along this drive to restrict access to either the future Foundation building or to the Artists' Parking Lot. The first set of gates is located at the easterly start of the drive leading to the future Foundation building site, and the second set of gates is located immediately past the future 5 6 4 June 20, 2000 24 en9meenn9 La Quints Arts Foundation Speck Plan Foundation building site. When closed, the first set of gates will preclude vehicle access to both the future Foundation building and the Artists' Parking Lot. When the first set of gates is open, but the second set of gates is closed, only vehicle access to the Artists' Parking Lot will be blocked. In both instances, provisions have been made to accommodate vehicle turn -around without jeopardizing safety. To accommodate site security, placement of the gates will effectively preclude unauthorized access to either the future Foundation building, or to the Artists' Parking Lot. Until construction of the parking lot for the future Foundation building, a temporary 100 foot diameter turn -around area immediately before the gate by the future Foundation building will be installed. Upon completion of the future parking lot for the Foundation building, the parking lot layout will facilitate through traffic that is blocked due to the closed gate, therefore eliminating the continuing need for the temporary turn -around area. All gates on -site will be equipped with Knox boxes, or equivalent, to the satisfaction of the Fire Department. There is a 14 foot deep, 250 foot long bus turn -out area located along the west side of the main north -south road just west of the northern portion of the General Parking Lot. As referenced in the "Festival Grounds" description later in this section, a permanent trash enclosure is proposed to be constructed adjacent the southern portion of the 250 foot long bus turn -out area. This location accommodates generous unobstructed access to the trash enclosure, with flat concrete paving for rolling -out the trash bins for unloading into the disposal pick-up vehicles. The primary entrance to the future Foundation building will be via the perimeter road that wraps around the site from the northern Washington Street entrance leading to the west side of the site connecting to the parking lot that will serve the building. Accessibility to the Terraces (as well as the future Foundation building) will meet ("Americans with Disabilities Act) accessibility compliance with the overall site circulation plan accommodating movement both to and on the site. Pending future construction of the Foundation building parking lot that will be ADA compliant, the parallel parking is proposed for one side of the western perimeter drive in the vicinity of the future Foundation building will temporarily accommodate parking opportunities for individuals with physical handicaps to access top portions of the Terraces (as well as lower portions of the Terraces via the VIP Parking Lot), also meeting ADA accessibility criteria. General ParkincgLot The General Parking Lot consists of two lots that are divided by the main entry road, providing a total of 968 parking spaces, including bus and recreational parking. The main entry road leading east from Washington Street west to the Outdoor Sculpture Gallery and the box office divides the General Parking Lot. The total space available in the south portion of the General Parking Lot accommodates up to 349 cars and 619 in the north portion of the General Parking Lot. These parking areas are depressed approximately 2 to 3 feet below Washington Street for storm water retention. In 565 25 013 June 20, 2000 w warner engrearig La Quinta Arts Foundation Specific Plan contrast, the perimeter landscape areas fronting Washington Street are bermed approximately 4 feet high with extensive landscaping, therefore helping reduce visibility of the parking lot. To mitigate parking lot noise, the south perimeter landscape area of the General Parking Lot only (adjacent Laguna de la Paz) will also be bermed between 3 to 4 feet. The General Parking Lot adjacent Washington Street propose the use of treated native subbase or optionally the use of decomposed granite ("DG") as the parking lot surface to facilitate storm water percolation purposes. Section 4.0 "Drainage/Flood Control" of this Specific Plan presents details on specific commercial soil stabilizers proposed for application over the General Parking Lot surface to minimize dust and to create a firmer surface without interfering with anticipated storm water percolation rates. The design and location of these parking lots with the water retention capabilities facilitate the site's overall design. No parking will be permitted on Washington Street at any time. LQAF will work closely with the City in monitoring any parking problems that may arise during major events, and will cooperate with the City in implementing any additional restrictions or conditions through the minor use permit process. Since the General Parking Lot will be used during most major events at LQAF site, LQAF volunteers and professional parking attendance services will be present to direct arriving and departing traffic into and from the DG parking surface. LQAF will ensure that all activities of its traffic control officers are coordinated with the City Police Department. Traffic control officers will be employed by LQAF during all events occurring at the Terraces, with traffic control officers stationed at the intersection of Washington Street and Avenue 48, and Washington Street and Avenue 47 before and after each performance. Working with the City, LQAF will assist City efforts to monitor the need for traffic control officers during other major events, which may result in the use of such officers through the minor use permit process. In order to minimize noise impacts on the adjacent Laguna de la Paz residential development, for all events LQAF will first fill the northern portions of the General Parking Lot prior to opening for use the southerly portion of the General Parking Lot. "No Overnight Parking" signs will be posted within all parking areas. City parking standards normally specify a minimum 19 foot depth and a 9 foot width for perpendicular parking spaces with an additional 2 foot in width for "end" parking spaces and a 28 foot back-up area for double parking row access. Due to the parking assistance provided by LQAF volunteers, professional parking attendants, and volunteers and staff of other event holders, LQAF proposes an 18 foot parking depth, a 24 foot back-up drive area, but maintaining City parking requirements for 11 foot wide end parking stalls. It is anticipated that the traffic directing assistance provided for the General Parking Lot will present a safer parking environment as a departure from the traffic patterns customary in a commercial shopping center during the winter holidays. Raised concrete landscape median islands will be installed along the east side of the north -south road that serves as the western border of the General Parking Lot. Similar median islands will be installed parallel to the above median islands within the eastern portion of the General Parking Lot. To sustain healthy growth for planted trees, shrubs, and groundcover materials, the landscape medians will be connected to a water irrigation system. All parking lots will include landscape areas, to be built to City rJ i 6 (a 26 014 June 20, 2000 engreenng �111id1"Ilef' La Quints Arts Foundation Speck Plan standards. The site development permit applicant will include immediate landscaping of all row ends upon construction and, subject to a specific phasing plan provided by LOAF to the Community Development Department for approval, will include installation of landscaping along the parking rows. Upon City approval, the phasing plan will be implemented by LQAF in a timely manner. In addition to the basic traffic control function they will serve, the median islands will contain parking lot shade trees that will be equipped with low wattage fluorescent "up" light fixtures or similar fixtures that will be attached to tree trunks. It is anticipated that these lights will gently reflect light downward onto the parking lot areas as reflected from the under -tree branch canopy areas while minimizing any unnecessary glare, also serving as a festive decorative feature. As applied to parking lots, Section 9.100.150 of the La Quinta Zoning Code requires a minimum uniform 1 foot candle foot In addition to the "up` light fixtures noted above for the purpose of specifically meeting the City's minimum parking lot lighting requirements, low intensity lighting on permanent light standards and fixtures meeting City standards, are proposed for placement within the parking lot median islands. ReaFby hillsides, low YeFtiral light ballaFds OF rampaFable height light f*)duFes will be equipped with pNsFnatiG leRses eF etheF devires that will d;FeGt light . To greatly minimize the discomfort and disability glare at adjacent properties, such as the adjacent Laguna De La Paz residential development and nearby hillsides, lighting fixtures shall utilize vertical lamp reflector systems that offers sharp cutoff of lighting at a mounting height of 18'. Lighting fixtures shall utilize flat lens and house side shields as required. LQAF will submit for City approval a parking lot lighting plan with either the site development permit or grading permit, whichever occurs first Since the General Parking Lot serves a dual storm water retention purpose, the bases for all ground -mounted light fixtures will be subject to occasional flooding that will cover the bases. Accordingly, the bases will be permanently mounted and sealed in a manner so as to not be affected by the surrounding retained water. Although it is anticipated that this parking lot lighting plan will provide sufficient lighting to provide adequate site safety for guests, LQAF volunteers, staff, and others attendants as assigned by LQAF will be available to direct traffic to the satisfaction of City public safety concerns. In order to achieve the minimum 50% tree canopy shade coverage, LQAF will comply with the requirements in Section 9.150. Pending construction of future permanent buildings, i.e. the Foundation building and the events headquarters building, a temporary 1,200 +/- square foot building module is proposed in the northwest comer of the south portion of the General Parking Lot to direct and to monitor site activities, as well as to coordinate fundraising efforts. The building exterior of the temporary module, that will serve as the temporary site development office, is anticipated to be similar in appearance as for shape and colors as the flat -roof classroom structures typically observed on many school campuses throughout the state. Placement of the temporary building module will comply with all applicable codes including ADA (Americans with Disabilities Act), building and fire department requirements. Placement of the temporary structure will be subject to City Community Development Department review for compliance with this Specific Plan as for specific placement, exterior elevations, and adjacent landscaping. In reference to 5 6 27 La Quinta Arts Foundation Speck Plan the phasing and implementation as presented in Section 6.0 of this Specific Plan, the temporary building module will be in place until construction of the permanent headquarters building. Festival Grounds The 4.4 acre Festival Grounds extend from the center of the project site to the south boundary of the property to accommodate up to 380 artists' spaces. The Festival Grounds will be surfaced with hybrid Bermuda grass, maintained via an automatic sprinkler systems, and replanted as needed. Temporary tent structures, averaging 10 to 12 feet in height, will be utilized by artists within the Festival Grounds to serve as individual display and sales areas. For LQAF and other activities on the Festival Grounds, the additional use of larger temporary commercial tent structures will be used. The finish pad level of the Festival Grounds is approximately 7 feet above the Washington Street frontage. To minimize visibility of the Festival Grounds and to buffer and mitigate transient sounds from potential impacts on the adjoining Laguna de la Paz residential development from events taking place within the festival area, landscape berms of 7.5 feet in height above the existing Laguna de la Paz perimeter block wall are proposed along the south side of the Festival Grounds. The grading permit application will include analysis which clearly demonstrates to the satisfaction of the City that the berming will provide adequate site line interruption to effectively reduce noise impact. During evening events at the Festival Grounds, in order to minimize transient light illuminating the adjacent Laguna de la Paz residential development and the nearby hillsides, light sources will be angled downward and will not be located within 50 feet from the southern property line shared with Laguna de la Paz. A 6 foot high "living wall" is proposed around the Festival Grounds for security purposes and to restrict access for visitors through the ticket building area. The living wall will be planted with vines or shrubs along a supporting 6 foot high chain link fence intended to convey the appearance of a continuous "living wall" to accentuate the natural setting in this proposal. The living wall around the Festival Grounds perimeter will direct attendees to enter and exit through the box office area. When entering past the Outdoor Sculpture Gallery and through the box office, foot traffic will be directed to either the Festival Grounds or to the Terraces. Fencing will also be installed along the west perimeter of the Festival Grounds that will be equipped with a series of decorative gates to accommodate artists' access into the Festival Grounds for the drop-off and pick-up of tents and items. Within the Festival Grounds area, power pedestals will be available to facilitate vendors' electrical power needs for the estimated 380 artists' spaces, thus eliminating the need for noise -producing portable generators. Pending construction of permanent restroom facilities within the Festival Grounds area, a prospective temporary restroom building location is shown on the site plan. The permanent location shows a freestanding building, approximately 1,500 square feet in size. The prospective location as reflected on the site plan is within the northeast corner of the Festival Grounds, located 568 June 20, 2000 28 616 Warner engreenng La Quinta Arts Foundation Specific Plan approximately 420 feet north of the south common property line with the Laguna de la Paz residential development, with the possibility that a second permanent freestanding restroom building may be needed dependent upon the level of activities on the site. Another permanent freestanding restroom building is proposed in the main entry area connected to the permanent events headquarters building. Temporary bathroom facilities as well as permanent restroom buildings will be located a minimum distance of 300 feet from north or south perimeter property lines. The ultimate size of the restroom buildings, number of toilet and urinal stalls, and compliance with ADA (Americans with Disabilities Act) requirements will be based on Appendix "C° of the Uniform Plumbing Code ("UPC"). When totally built -out the site will contain three (3) groups of restroom facilities in which one of the three will be contained within the future Foundation building. Based on UPC requirements, preliminary estimates provided LQAF by the Riverside County Environmental Health Department suggest a total of 21 toilet fixtures (13 for women, 4 toilets for men, 4 urinals for men, 1 each meeting ADA accessibility requirements) needed to accommodate a simultaneous attendance level of 1,200 and a total of 59 toilet fixtures (44 for women, 12 toilets for men, 13 urinals for men, and 2 each meeting ADA accessibility requirements) to accommodate a simultaneous attendance level of 9,000. Since the permanent bathroom buildings and facilities will be divided among three (3) locations, equates to approximately 20 bathroom fixtures per building. It is anticipated that at least two (2) of the three (3) bathroom facilities will be available for use when the annual LQAF Arts Festival or when activities at the Terraces are in progress, and if crowds are of sufficient size to warrant it, all three restroom facilities will be available. Based on 50 square feet per each of 20 bathroom fixtures per building will result in minimum restroom building square feet of 1,000 square feet. Therefore the 1,500 square feet noted on the site plan for each of the two freestanding bathroom structures, as a general estimate of size, shall be sufficient to meet minimum size requirements per each required bathroom fixture as per Uniform Building Code requirements. Until construction of the permanent restroom building, temporary restroom facilities will be placed on the site by LQAF (or other users) to facilitate the level of use anticipated for events, also restricting locations a minimum distance of at least 300 feet from the south property lines. The total number of restroom facilities setup will be dependent upon the anticipated attendance for the type of event planned. Placement of the temporary vendors' tents and temporary restroom facilities will be subject to compliance with customary building and fire inspections and subsequent requirements as established by the City of La Quinta, and until such time as permanent restroom facilities are constructed, all minor use permit applications will include a site plan which identifies the specific locations of all temporary restrooms. Additionally, public drinking fountains will be placed within accessible areas of the Festival Grounds and elsewhere on LQAF site reflective of the number needed to facilitate the level of attendance expected. Consistent with established LQAF recycling efforts, to accommodate trash that is accumulated during festival activities, recycle and trash bins will be located throughout the Festival Grounds area. These bins will be clearly identifiable, but understated so as to not dominate the ambiance of events. Bins 569 017 29 June 20, 2000 ; %rilct' I (3Nineenrig La Quinta Arts Foundation Speck Plan will be placed for easy accessibility and use, utilizing plastic covers to prevent trash from blowing -out, and to minimize attracting flies and insects to the site. Accumulated trash, debris, and recycled items that are collected on the grounds will be gathered (as necessary to prevent overflow), and deposited in permanent trash enclosures, with the recyclables separated. Permanent trash enclosures will be situated within close proximity of the Festival Grounds and other areas of LQAF site, and designed to architecturally integrate with the style, colors, materials, and finishes of permanent buildings. Visibility of trash enclosures will be softened with screening provided by landscape shrubs and vines. The ultimate sizes of the trash enclosures and the frequency of garbage pick-up will be based on recommendations by the disposal company to minimize health concerns and odors. For ease of access for pick-up of collected garbage and debris from the dumpsters located within the trash enclosures, the enclosures will be situated in easily assessable areas to accommodate large trash collection vehicles. The trash enclosures will be constructed according to City specifications with masonry block materials (architecturally integrated as noted above), six (6) feet high, and designed with decorative double sets of larger metal gates across the fronts with door swings that do not open into roadways, and remain locked, except for days scheduled for trash pick-up to prevent unlawful dumping. Consistent with LQAF s emphasis on recycling, portions of the trash enclosures will also serve as a consolidation area for recyclables that are regularly collected on the site from specially identified recycling containers. Since portions of the site will be gated and locked for security purposes when the site is not in use or due to ongoing off -limit events, either the disposal company will be provided access codes or keys, or LQAF groundskeepers will open the gates. The trash enclosures will be equipped with separate metal -gated man doors located to the side or rear of the trash enclosures to accommodate ease of access for hand -carried dumping of garbage bags, and to minimize any problems of wind blowing debris out of the dumpsters. The interior of the trash enclosures will include 8 inch high and 8 inch deep "Boston rails" intended to stop dumpsters from knocking interior trash enclosure walls. In front of the trash enclosures in areas that correspond to the large gate locations, 6 inch thick concrete aprons will be installed a minimum 10 foot depth so as to minimize damage from the weight of the dumpsters from gouging an asphalitic surface. For better integration into the site, dependent upon City Fire Department determinations, LQAF will attempt to design the trash enclosures so that they are physically connected to the permanent buildings if they are within near proximity of any permanent structures. Two (2) permanent trash enclosure structures are proposed on the site — one physically attached to the west side of the (permanent) bathroom building/events headquarters building within the main entry area, and connected to the future Foundation building, or within close proximity when constructed. These two locations were selected due to their (1) centralized location on the site, (2) their accessibility to the perimeter road for unencumbered access by large trash collection vehicles affording opportunities for easy turn -around, (3) in locations that would remain inaccessible to prohibit illegal dumping due to the perimeter road access gates being locked, and (4) their significant distance from the neighboring Laguna de la Paz. 57 �0 ois 30 June 20, 2000 Vftrner La Quinta Arts Foundation Specific Plan As is customarily done by LQAF, paramedics and/or other trained personnel will be available on -site during all major events to accommodate resolution of any emergency or life -threatening situations and will comply with the special events requirements as specified by the Riverside County Health Officer. The overall LQAF site has been designed to accommodate ready -access to all areas and functions of the site. Ambulance or other emergency vehicle response will arrive at the main circular turn- around area that is in front of the Outdoor Sculpture Gallery that connects directly east to Washington Street via the main approach. The main circular turn -around area is within close access to the Festival Grounds via the box office building. An alternative emergency access route will utilize the perimeter road connecting from the Artists Parking Lot cul-de-sac along the west side of the future Foundation building and connecting to Washington Street. During periods of storms and resulting inundation or very wet conditions, the retention areas will be vacated. Artists' Parking Lot The Artists' Parking Lot is proposed in the southwest portion of the site facilitating approximately 261 vehicles. The available parking area for the artists' vehicles is approximately 72,000 square feet. Based on an approximate 275 square feet allocation per vehicle parked in close proximity to one another, provides space for 261 vehicles. This parking area is expected to facilitate most of the parking needs for participating artists, with abundant parking located elsewhere on -site within close proximity if needed. There are an additional 178 designated parallel parking spaces proposed along internal roads, including the east side of the perimeter road that cul-de-sacs to the Artists' Parking Lot, which is located immediately east of the Artists' Parking Lot. If, for any reason additional parking is needed, all parking throughout the site is available. Although parking for the Artists' Parking Lot is intended to be stacked similar to other parking areas elsewhere on LQAF site, LQAF volunteers and staff, and professional traffic directors will be available during the time of arrival by artists to direct arriving and departing artists' vehicles to help maximize available parking space. As applied to all parking areas and as noted in the General Parking Lot section above, the Artists' Parking Lot will have "No Overnight Parking" signs posted. Additionally, artists' vehicles will not be allowed to idle, or to operate generators. The 261 parking spaces as noted above for the Artists' Parking Lot were derived based on a parking layout, not shown on the site plan, that nonetheless maximizes the available parking and meeting the City's parking standards as close as possible. Although as noted earlier in this Specific Plan, the Festival Grounds will accommodate a total of 380 artist's booths. LQAF's extensive experience from previous annual LQAF Art Festivals reflect artists arriving together on the site in the same vehicle rather than in multiple vehicles. However, as already noted, if additional parking is required, 43 paved parking spaces will be available close by along the west side of the Festival Grounds and another 178 paved parallel spaces along the site's interior streets to accommodate any additional parking needs from the Artists' Parking Lot. Since this area will also serve as a storm water retention area, the Artists' Parking Lot will be depressed approximately 2 to 3 feet below grade (2 feet below the top of footing 571 31 919 June 20, 2000 Warner engineering La Quints Arts Foundation Specific Plan of the adjacent 6 foot high wall that serves as the northern perimeter of Laguna de la Paz). The 2 to 3 foot below grade difference will serve to minimize visibility of artists' vehicles and to mitigate sound with respect to nearby residents at Laguna de la Paz. Similar to the General Parking Lot, this parking area will use either a treated natural subbase or optionally utilize the same decomposed granite ("DG") parking surface as previously described in detail for the General Parking Lot, which is designed to accommodate high vehicle traffic areas to minimize dust while creating a firmer surface without interfering with anticipated storm water percolation rates. In order to illuminate the Artists' Parking Lot, LQAF proposes the use of light standards equipped with low intensity lighting elements meeting City standards situated as necessary to meet the minimum parking lot candle foot illumination as required by the City's parking ordinance. Consistent with other low intensity lighting to be used elsewhere on the site, lighting will be angled downward so as to not illuminate nearby properties, such as the adjacent Laguna de la Paz residential development and the nearby hillsides. Additionally, the landscape buffer area along the south side of the Artists' Parking Lot will be designed with substantial landscape berms where perimeter trees and shrubs will be planted, further reducing visibility of artists' vehicles. A cross -sectional study (Reference Exhibit 6) illustrates that even if no landscaping were installed within this area, that since the Artists' Parking Lot is depressed, there will be limited visibility of artists' vehicles from the rear yards of the adjacent homes at Laguna de la Paz. This area will primarily be accessed from a perimeter road extending from the secondary (northerly) drive approach from Washington Street. The location of the Artists' Parking Lot in a distant area of the site provides a higher level of security for vendors, artists' equipment and wares while accommodating close accessibility to the adjacent Festival Grounds located to the east of the Artists' Parking Lot. Outdoor Performance Venue (the "Terraces) An outdoor performance area, referred to as the "Terraces," with a 2,400 seating capacity occupying approximately 1.6 acres, is proposed south of the proposed Foundation building and west of the valet parking lot and drop-off area to be developed in conjunction with construction of the 4.4 acre Festival Grounds. The Terraces will extend approximately 25 feet above the center of the adjacent Washington Street, consisting of 7 grass -sculptured tiers with 6 of the 7 tiers rising approximately 3 feet (with a maximum 3:1 slope). The individual tiers will be deep enough to accommodate placement of tables and chairs. Access to the tiered Terraces seating will be immediately north of the box office entrance. The walking surface will be grass along each side of the arena to access individual tiers and to the VIP seating area to be located above the top seating tier that will also be accessed from the south side of the future Foundation building site. 5 < < 020 32 June 20, 2000 Warner engreenr9 La Quinta Arts Foundation Specit% Plan As addressed above within discussion of the Festival Grounds, LQAF site has been designed to accommodate ambulance or other emergency vehicle access to all portions of the site. Consistent with a medical response plan that is coordinated with the Fire Department, LQAF will have trained staff present on LQAF site that can implement it to accommodate any medical emergencies that may arise. The availability and number of paramedics will be dependent upon the level of activities and attendance anticipated at event venues. Emergency paramedic access to the Terraces will be from the main Washington Street approach leading to the vehicle turn -around area in front of the Outdoor Sculpture Gallery or through the service delivery area along the east side of the outdoor Terraces, or, utilizing the perimeter drive approach that eventually connects to the Artists' Parking Lot, along the west side of the Terraces. Valet Drop -Off Area and VIP Parking Lot The Valet Drop -Off Area and VIP Parking Lot is located directly east of the Terraces separated by the loading/unloading area. This parking lot, which will be asphalt paved, will facilitate the convenience needs of visitors including visiting VIPs and most parking for individuals with physical disabilities. A total of 140 paved parking spaces are provided in the VIP Parking Lot. Access to the VIP Parking Lot will be from either of the two drive approaches into the site. After being dropped -off in the VIP Parking Lot, visitors will be able to access the Terraces to the west entering near the lowest portion of the Terraces. This pathway will accommodate ADA (Americans with Disabilities Act) accessibility requirements. When the future Foundation building is constructed, permanent paved walk access up from the VIP Parking Lot to the "Building Pad" will be installed. As noted above, handicap access to the finished pad of the future Foundation building will be possible from the western perimeter road utilizing, if needed, temporary ADA compliant parking spaces along the perimeter road near the top of the Terraces. As for parking space size in the VIP Parking Lot, since parking on this lot will primarily be valet assisted, LQAF anticipates that the 24 foot wide drive aisle to access opposite parking rows will be sufficient in lieu of the 28 foot drive aisle width as specified in the City's parking ordinance, that incorporates 11 foot wide end parking stalls as per City parking lot development standards. The parking space depth of 17 feet complies with the City's requirements for vehicles utilizing a continuous concrete curb as a wheel stop overhanging a sidewalk or landscape median. Similar lighting methods "are proposed for the VIP Parking Lot as presented earlier in the Specific Plan for the General Parking Lot. "Terraces" Loading/Unloading Area This area is accessed through the valet parking lot and is located along the east side of the Terraces. The loading/unloading area is a drive aisle specifically created to facilitate ease of equipment drop-off and loading to the stage area for performances at the Terraces. A 6 foot high chain link fence planted with vines, similar to the living wall 5i3 33 - 021. June 20, 2000 engnearg La Quinta Arts Foundation Speck Plan planned in the Festival Grounds area, is proposed along the west side of the loading/unloading drive aisle to screen the Terraces from activities in the VIP Parking Lot and the loading/unloading aisle, which may be distractive. Outdoor Sculpture Gallery An Outdoor Sculpture Gallery is proposed leading to the main pedestrian entrance to the ticket building area. Situated immediately adjacent and east of the box office, this reception area will accommodate a tree -canopy shaded passageway and waiting place for those entering the Festival Grounds or the Terraces. The area will be furnished with picnic tables and landscape benches to provide a tranquil environment for visitors waiting to enter the grounds. A large collection of sculptural pieces of art will be concentrated within this area. It is expected that the sculptural pieces to be placed will be weather tolerant, with some placed on pedestals and others situated on the ground within the surrounding landscape areas. The placement outside of the box office will afford visitors the opportunity to view "close-up" work of local and visiting artists. As noted earlier regarding the main entry area, the Outdoor Sculpture Gallery will work in conjunction with the main entry area as a passive public neighborhood park area that will remain as an accessible area for the public when access to other areas of the site are blocked for security purposes when these portions of the site are not in use, or when use is restricted during scheduled events. Consistent with the conceptual location for a neighborhood park within the general area of LQAF site as presented in the policy diagram maps of the General Plan Park and Recreation and the Open Space Elements, this area will essentially serve as a passive neighborhood park. Main Entry Area After passing through the main Outdoor Sculpture Gallery, guests will pass through the box office building into the main entry area. The main entry area is situated between the Terraces to the north and the Festival Grounds to the south. The box office will be a freestanding building situated at the western perimeter of the Outdoor Sculpture Gallery and the adjacent circular turn -around area that connects easterly from Washington Street. The box office building, approximating 1,300 square feet in size, will serve as the central control point of access for most, if not all, site functions at the Terraces or the Festival Grounds. The architectural design of the box office will echo the overall design theme of the site. Also shown on the site plan for this area are tentative locations for future facilities including public restrooms and an events headquarters. Similar to the restroom building located in the Festival Grounds, this restroom building is tentatively proposed as a 1,500 square feet structure, and is tentatively shown physically connected to the 1,500 square feet events headquarters building. This combined freestanding building is situated about 600 feet west of the box office building and about 100 feet west of the western perimeter road. As referenced in the "Festival Grounds" description in this section, a permanent trash enclosure is proposed to be constructed attached or nearly adjacent the restroom building. The trash enclosure will be situated along the west side of the restroom building with doors opening west with 574 o2z June 20, 2000 34 warrw engng La Quinta Arts Foundation Speciffc Plan paved access to the western perimeter road that permits unencumbered access by waste disposal vehicles. Since the locations of these buildings are tentative, their precise location are subject to change, dependent upon determined needs. As with all other temporary and permanent buildings, the locations and specifications of these buildings will be subject to compliance with customary City building and fire department requirements. Native American Memorial Future development of the site will include the design and construction of a memorial for public education purposes to showcase the prehistoric and historic culture of the Cahuilla Indians, to be located within the northwest corner of the site. This memorial will be developed in cooperation with North American local tribes and bands. Access to the memorial will be via a pedestrian path only, connecting from the perimeter road to a flat terrain gathering place. Future Foundation Building and Adjacent Parking Area A proposed building site is being left available for construction of a future Foundation building of not more than 60,000 square feet of gross floor area, regardless of the number of stories on a central raised portion of LQAF site consisting of approximately 2.5 acres. It is anticipated that this building pad for the future Foundation building will contain museums, artists' studios, galleries, classrooms, lecture halls, an art library, administration, volunteer, and staff workstations. As noted in the "Festival Grounds" description, a permanent trash enclosure will be constructed in conjunction with construction of the future Foundation building. A parking lot consisting of 110 paved parking spaces will be constructed in conjunction with the future Foundation building. Although concurrent use of all available space within the future Foundation building is not anticipated, the use of parking located elsewhere on the site (968 within the General Parking Lot, 140 in the VIP Parking Lot, and the 178 on -street parallel parking spaces) will be available to accommodate all required parking to meet or exceed Zoning Ordinance parking requirements. Integration with the Laguna de la Paz Residential Development The existing Laguna de la Paz residential development lies immediately south of the festival site and is separated by an existing block wall running east and west measuring approximately 6 feet in height and belonging to Laguna de la Paz. The wall borders the north side of the subdivision (and the south side of the project area). Since the pad heights of the Festival Grounds are approximately 5 feet higher than the Washington Street frontage, to further mitigate migration of sound from and visibility of festival ground activities from impacting Laguna de la Paz residents, the meandering width of the landscape area along the south side of the Festival Grounds have soil berms measuring 7.5 feet above the Festival Grounds. For additional sound and visibility 5 7 J 023 35 June 20, 2000 = Warner engineenng La Quinta Arts Foundation Speck Plan mitigation purposes, the General Parking Lot that front Washington Street are lowered approximately 2 to 3 feet below Washington Street with 3 to 4 foot high berming within the landscape area bordering both Washington Street and in areas of the General Parking Lot that border Laguna de la Paz. Also serving as a storm water retention area, the Artists' Parking Lot will be depressed 2 to 3 feet below grade. As noted earlier in this report, surrounding the south side of the Artists' Parking Lot adjoining Laguna de la Paz, the landscape area of the Artists' Parking Lot will incorporate substantial berms to mitigate visibility of this area and for sound buffering purposes. All perimeter berms will be decoratively landscaped with desert -hardy groundcovers, shrubs and trees. 36 June 20, 2000 576 024 1Alan�' engnear9 La Quinta Arts Foundation Specific Plan Summary of Maximum Building and Proposed Parking for LQAF Site by Area The following Table 4 summarizes the maximum building square footage and parking planned when LQAF site is totally built -out: • TABLE 4 • Maximum Building and Proposed Parkingby Area Area of LQAF Site Maximum Potential Number of Parking Building Square Footage Spaces Proposed Main Entry Area 1,300 SF box office building. No parking proposed. 1, 500 SF restroom building 1, 500 SF (permanent) events headquarters building. General Parkin Lot — North No buildings proposed. 619 (Unpaved surface). General Parking Lot - South 1, 300 SF (Temporary) events 349 (Unpaved surface). headquarters building. Festival Grounds 1, 500 SF restroom building. No parking proposed, Artists' Parking Lot No buildings proposed. 261 (Unpaved surface). Outdoor Performance Venue No buildings proposed. No parking proposed. ("Terraces") (Outdoor seating for 2,400 nests. Valet Drop -Off Area and VIP Parking Lot No buildings proposed. 140 (Paved surface). "Terraces" Loading/Unloading Area No buildings proposed. No parking proposed. Outdoor Sculpture Gallery No buildings proposed. No parking proposed. Native American Memorial No buildings proposed. No parking proposed. Future Foundation Building Based on a maximum building 110 (Paved surface) to be square footage of 60, 000. built in conjunction with the future Foundation buildin . Internal Circulation (Parallel parking No buildings proposed. 178+/- Parallel paved (based limited to perimeter road starting west of on approximately 2, 250 Lin. the mythem portion of the General Ft.) and 43 marked/paved Parking Lot connect-ing west to the spaces immediately east of Artists' Parid Lot). the Artists'Parkinq Lot. Total Square Footage 65,800 TOTAL SQUARE FEET (For permanent buildings only). (Total lot coverage: 5 % based on a maximum 60, 000 SF for the future Foundation buildin Total Parking Spaces 293 (Paved/marked spaces) (Not specifically calculating offsets for 1, 229 (Unpaved spaces) ADA and parking for oversized motor 178 (Parallel, on -street vehicles).- spaces) 340 (Spaces at church) Oor 2,040 TOTAL PARKING OF SPACES PROPOSED 37 June 20, 2000 5 77 025 Warner La Quints Arts Foundation Specific Plan Summary of Proposed Verses Required Parking for LQAF Site by Area The following Table 5 presents proposed parking on LQAF site utilizing the availability of adjacent parking at St. Francis of Assisi Church (when not interfering with church events) and City parking requirements when LQAF site is totally built -out: • TABLE 5 • LOAF Site Parking Availability Proposed Function City Parking Requirements Per Function Festival Grounds 380 1 per artist's booth Outdoor Performance Venue 1,090 spaces (based on 1 parking space/2.2 ("Terraces")guests) Future Foundation Building: Gallery, Library, Classroom, & Office Space 240 spaces (based on 1 parking space/250 SF) (Maximum 60, 000 SF gross floor area). Total Parking Spaces Required: 1,710 PARKING SPACES REQUIRED Z040 PARKING SPACES PROPOSED (1, 700 spaces on LQAF site and 340 spaces at St. Francis of Assisi at current capacity). Note: Subsequent site plan design modifications provided additional on -site parking spaces in excess of the model as presented in the Traffic Study prepared by Krove Engineering, Inc., dated October 21, 1999. With the anticipation of 2.2 guests per motor vehicle entering LQAF grounds, it is anticipated that the 968 parking spaces available in the General Parking Lot would accommodate close to 2,130 attendees at concurrent functions. Counting the addition of 732 parking spaces also available on the site (totaling 1,700 parking spaces), utilizing the ratio of guests noted above, the site will be able to accommodate close to 3,740 guests concurrently. If a significant number of guests were to arrive to the site also taking into consideration the use of public bus transit and/or private tour buses for a major event or combination of events, it is anticipated that significant designated parking spaces would remain available with a concurrent attendance level at the site in excess of 5,000 guests. The availability of on -site parking (not including available parking at St. Francis of Assisi Church) therefore exceeds the required parking as specified within the approved mitigation measures to accommodate the peak hour of a major event with 1,200 persons in one hour, concurrent with an event a the Terraces with 2,400 attendees. The following Table 6 reflects a hypothetical scenario: 38 June 20, 2000 578 026 Warner engreenN La Quints Arts Foundation Specific Plan • TABLE 6• Attendance Levels and Transportation Modes to LQAF Site Mode of Transportation Number of Guests Percentage of Total Guests at LQAF Site Private Automobile Based on 2.2 passengers per car. 3,300 62.2% Private Tour Buses 1,000 18.8% SunUne Transit 1,000 18.8% TOTAL GUESTS 5,300 100.0•/ As per a reciprocal parking agreement with St. Francis of Assisi Church, when not conflicting with church activities, guests for activities at LQAF site may utilize the church's current temporary parking lot. In reference to the parking standards noted in Section 9.150 of the City of La Quinta Zoning Code, LQAF determined compliance with City requirements for required off- street parking spaces based on places of assembly not specked elsewhere" as specified in Table 1502 (of Section 9.150 of the Zoning Code). This section specifies: "9 space per 3 seats within the main auditorium and 9 space per 25 sgfft GFA [gross floor area] within the main auditorium where there are no fixed seats, plus required parking for other uses on the site.." Apart from the annual four -day long LQAF Arts Festival, LQAF does not anticipate a greater intensity of use of LQAF facilities above these projections based on concurrent maximized seating use of the Terraces and the largest assembly room within the future Foundation building. It should be clarified that attendance figures for major events at the outdoor Festival Grounds as presented earlier in this Specific Plan project averaging 9,000 attendees per day when the facility is open to the public for 16 hours between the hours of 8:00 A.M. and 12:00 midnight. Considering lower numbers of attendees customary during the earlier and later hours of the annual LQAF Arts Festival, it is expected that peak hours of attendance would occur in mid -day since the event takes place in spring months when temperatures are generally milder than summer months when such events draw the largest numbers of attendees in early morning and early evening hours. In consideration of meeting sufficient parking needs, attendance during the annual LQAF Arts Festival is projected based on the following schedule as presented in Table 7: 39 June 20, 2000 1iftrner eflglfl2�flfK� La Quinta Arts Foundation Specific Plan • TABLE 7 • Annual LQAF Arts Festival — Hourly Number of Guests Hours of Operation Average No. of Guests in Attendance 8:00 A.M. to 9:00 A.M. 250 9:00 A.M. to 10:00 A.M. 300 10:00 A.M. to 11:00 A.M. 650 11:00 A.M. to 12 Noon 750 12:00 Noon to 1:00 P.M. 900 1:00 P.M. to 2:00 P.M. 1,000 2:00 P.M. to 3:00 P.M. 1,200 Peak Attendance Hour 3:00 P.M. to 4:00 P.M. 1,000 4:00 P.M. to 5:00 P.M. 900 5:00 P.M. to 6:00 P.M. 700 6:00 P.M. to 7:00 P.M. 500 7:00 P.M. to 8:00 P.M. 400 9:00 P.M. to 10:00 P.M. 200 10:00 P.M. to 11:00 P.M. 150 11:00 P.M. to 12:00 Midnight 100 TOTAL DAILYATTENDANCE (Average) 91000 As earlier calculated, based on 2.2 guests per motor vehicle attending the annual LQAF Arts Festival, a total number of 545 parking spaces would be utilized at the time of day of maximum attendance between the hours of 2:00 P.M. and 3:00 P.M. As previously noted, if additional parking is required, an estimated 340 additional parking spaces will be available at the adjacent church parking lot to accommodate any overflow parking that may be required. LQAF's intention is to have available the use of all parking areas on the site, rather than specifically limiting parking per each individual function. Accordingly, as per the City parking requirements, the required 240 parking spaces for the future Foundation building (based on a maximum 60,000 square foot in gross floor area) will be accommodated utilizing the approximate 110 parking spaces proposed for the future Foundation building parking lot, with the availability of additional parking situated elsewhere on the site. Based on all anticipated maximum concurrent uses on the site as projected, less parking than required by the Zoning Code is anticipated to be used, but nonetheless will remain available. 2.1.3 Architecture, Landscape and Irrigation LQAF has established a set of design guidelines to shape the architecture and landscape to be reflected throughout the overall site development. The underlying objective is to produce a sense of identity — one that is unified but still diverse — to create architecture and landscapes that celebrate and enrich the heritage of the area, the ingenuity of the people that characterizes the dynamics of the area, as part of the ongoing history of La Quinta and the region. 40 June 20, 2000 580 028 Warner engineenng La Quinta Arts Foundation Specific Plan 2.1.3.1 Architecture A coordinated architectural style is proposed for all buildings on site. With exception of ancillary buildings on the site (i.e. the box office and restrooms), the future Foundation building will be constructed on a portion of a 2.5 acre pad with a building height approximately 28 feet above the center of the parallel portion of Washington Street. The tallest portion of the future Foundation building, in the form of a campanile or other architectural feature that will serve as one of the main focuses of the site, will extend a maximum of 50 feet above the top of the building pad, subject to prior approval by the City of La Quinta. Inclusive of this special architectural projection, no more than 20 percent of the future Foundation building will exceed the 28 foot maximum height as permitted in the RL Zone. The 28 foot building height for the major portion of the building will be calculated based on Figure 505 of Section 9.50.050 of the La Quinta Zoning Code, which defines the vertical distance from finished grade adjacent to the exterior walls at a vertical distance equal to the specified maximum height from an imaginary parallel plane above the building site. The maximum 50 foot tall architectural projection will be subject to approval by the City of an analysis of bulk and mass, and a line of sight study through the City's site development permit process. Acceptable Architectural Elements, Building Materials and Finishes A choice of two (2) architectural styles with harmonizing materials and finishes are proposed for all proposed buildings and permanent site signage that will thematically be reflected throughout the entire site as per the following exterior design elements presented in Table 8: 41 June 20, 2000 581 0 2.9 warmer engineenng La Quinta Arts Foundation Speck Plan • TABLE 8 • Acceptable Architectural Elements, Building Materials and Finishes Architectural California Traditional Contemporary Element Style I Style Design Objective (Adoptive to the land, sensitive to the climate, integration of indoor and outdoor living style.) Design Elements Decorative and/or Artistic Elements (Including colonnades, outdoor fumiture.) rs Roof Forms and Materia (Steep overhangs, large sheltering forms to be the dominant elements of the building.) Building Walls (Thick, insulating, protective.) Sensitive to the history of the Architectural styles that are area; simple, practical, straight- innovative, incorporating forward, reflective of the limited elements reminiscent of availability of materials. successful neo-modemist designs found elsewhere in the Coachella Valley. (1) Building placement and form which responds to the sheltering/ shading function of surrounding landforms. (2) No more than 20% of the total ground floor square footage of the Foundation building will exceed 28 feet high (to accommodate second story and/or campanile or other architectural feature), subject to City analysis of bulk and mass, and a line of sight study through the City's site development permit process. (3) Strong integration of building and landscaping throughout the use of designs which soften the demarcation between indoor and outdoor spaces. 4 Articulation of building lines to add interest and contrast. Use of decorative wrought iron, Smooth metal railings, sculptures brass, copper used for thematic with exterior low fastenings, railings, windows, intensity light fixtures and other shutters, and lamps; patios, outdoor fixtures designed to fountains, verandas, bas relief, angle light downward to minimize wood gates with stone columns. transient light. Subtle colors that subordinate to Colors that thematically contrast and blend with the surrounding with the surroundings, proven landscape features. successfully in other large projects in the Coachella Valley. Clay tile; durable, fireproof materials and/or heavy (concrete tile) shake with shallow pitches no shallower than 3:12; no steeper than 8:12, hipped or gable ends, with flat roof areas and parapets, with decorative motifs. Stucco, bas relief, naturalized stone, brick masonry elements, tile "plant -one murals. and Doorways Wood (or simulated wood) doors (weather treated), shaded and well-proportioned designed to create welcoming entries; use of strongly expressed arches and lintels. 42 Anodized copper appearance, standing seam, flat roofs with occasional sloped roofs reflective of a modem style. Massive arching/curving elements integrating/connecting with roof elements; seamed stainless steel or other metal walls with vehical elements; ctlu-lam beams Thick glass doors with optional integrated brushed stainless steel elements. 582 030 June 20, 2000 Warner �� La Quinta Arts Foundation Specfpc Plan • TABLE 8 — (Continued) • Acceptable Architectural Elements, Building Materials and Finishes Architectural California Traditional Contemporary Element Style Style Windows Refined carpentry (weather- Large window expanses to (Recessed to minimize direct treated), incorporating multi -pane maximize view of scenic vistas. solar gain or shaded by project- windows, situated to maximize ing roof overhangs, handsomely view of surrounding scenic proportioned, optimizing views.) vistas. Carpentry Refined and proportional balconies and verandas incorporating rough -sawn weather -treated wood elements. Building Orientation Situated to maximize visibility of surrounding vistas, blending in with the natural setting. Walkways Incorporating graceful arches, When not integrated in the (Integrated into the building columns, overhangs, creating building design, projecting roof design to maximize sun shaded, covered outdoor overhangs. protection.) war s. Low Walls and Retaining Walls Wrought iron, stucco, inlaid Metal railings with optional (Matching the materials of the stones, rocks, brick, glass blocks. integrated smooth marble, slate, building and terraced to match or other stone or simulated stone with ground contours, with product. occasional planting pockets.) Driveways and Sidewalks Special paving, i.e. natural stone, with occasional in -laid tile (To serve as transitions from the ornamentation, masonry, colored/stamped/textured concrete (i.e., auto environment to the "Bomanite"). pedestrian environment. Permanent Signage Substantial natural rock bases Integration of metal lettering (Monument sign(s) exterior matching buildings and walls, affixed to a contrasting metal, illuminated matching the incorporating wrought iron and wood, tile, or stucco background materials of the building and the metal designs. monument sign. walls.) Entrance signage off of the Washington Street frontages and all internal directional signage will architecturally match the buildings and either be non -illuminated, back -lit, or externally illuminated. Lighting Traditional decorative wall- Indirect low intensity lighting (Designed to preserve night-time mounted and pole wrought iron designed to reflect light from ambiance and night skies using lantern style with low -intensity walls and other surrounding cut-off elements and indirect wattage. surfaces, lighting sources to minimize illumination of the adjacent Laguna de la Paz residential development and the nearby hillsides. Undesirable Architectural Elements, Building Materials and Finishes To assure a continuity of acceptable and desirable architectural design elements, materials, and finishes, LQAF determined that the use of a number of undesirable or inappropriate materials should be minimized or not used. The following presents a number of areas identified, with clarification offered as to viable alternatives: • Utilizing back -lit or exterior illuminated signs instead of pan -channel, box, or cabinet signs. 583 43 0 31. June 20, 2000 Warner engineering La Quinta Arts Foundation Speciffc Plan • Glass and window glazing may be coated or tinted to control solar heat gain, but a mirrored appearance is not acceptable. • No reflective roof materials. • No manicured or ornamental plantings except in defined areas. • No mansard roofs. • No visible roof -mounted equipment, unless grouped and concealed in structures that are an integral part of roof and/or wall designs. • Flashing, gutters, and downspouts to be minimized; if used, to be of durable materials, i.e., copper which will weather to colors that blend with adjacent walls and roofs. • If used, skylights and solar panels are to be located, detailed, and/or screened, so that reflections from their surfaces are not visible either from on -site or off -site. • No color lights, except as temporary event and holiday decorations. • No parking lot, festival ground, or lighting placed elsewhere on the site that creates bright glares or illuminates evening skies, the nearby hillsides, or the adjacent Laguna de la Paz residential development. • Mixing of cladding materials, unrelated to structural expression are to be avoided. Where different materials adjoin, there should be a clear break in the plane of the surface. • Stones used for walls and/or foundations to be designed with a structural appearance rather than a veneered look. Natural bedding planes are to be laid horizontally and horizontal and vertical joints should be frequently interrupted. 2.1.3.2 Landscape The objective of LQAF's approach to the site and building design will be to harmoniously incorporate human settlement" with nature into a healthy sustainable ecosystem, by blending with the natural setting and responding to the climate. The landscaping of the site will incorporate native and non-native desert -hardy plants and trees to present a memorable lush appearance reflective of not only the unique and inviting architecture of the buildings, but also typically found in some of the Valley's most popular destination points. The provision of natural tree canopy shaded areas to provide solar protection will be achieved by the generous planting of trees as well as to serve as another means to differentiate and define various areas of the site. Native boulders will be incorporated into the site landscaping, including around the main entrance, to add a natural appearance to integrate with the adjacent mountains that flank the site to the west. Trees and shrubs within the berm areas along the south side of the project site will serve as an additional visual buffer between the Artists' Parking Lot, the Festival Grounds, and the southern portion of the General Parking Lot from the adjoining homes located south within the Laguna de la Paz residential development. Specific to areas located along the western property line, to better transition to the adjacent natural terrain, landscape materials will be limited to native plants only. As viewed from Washington Street, there will be a 20 to 30 feet wide landscape parkway with berms extending across the entire site frontage adjacent Washington Street and parts of the public right-of-way. These areas will be planted with shrubs, groundcovers, 584 and shade trees to partially shade the meandering eight (8) foot wide sidewalk/bike 032 44 June 20, 2000 �1Afarfler V. engreenng La Quinta Arts Foundation Specific Plan path, with the intent to visually buffer the main parking lots (Reference Exhibit 2-13). Prior to the start of work, the landscape, irrigation, and grading plans will be subject to review and approval to the Coachella Valley Water District. Reflective of the types of plants that thrive in the Coachella Valley, the following Table 9 - Conceptual Landscape Palette presents the varieties and sizes of proposed landscape materials to be used throughout the site: • TABLE 9• Conceptual Landscape Palette SYMBOL BOTANICAL NAME COMMON NAME SIZE REMARKS ••• TREES ••• ACA ACACIA ANEURA MULGA TREE 15 GAL - 24" BOX NOTE 1: 24" BOX - MIN 1.5" CALIPER; 15 GAL -MIN 1" CAUPER. NOTE 2: TREES INPARK& PERIMETER AREAS TO BE 60% - 24" BOX & 40% - 15 GAL. ASM ACACIA SMALLI SWEET ACACIA 15 GAL - 24" BOX AST ACACIA STENOPHYLLA SHOESTRING ACACIA 15 GAL - 24" BOX CDM CERCIDIUM HYBRID `DESERT MUSEUM' DESERT MUSEUM PALO VERDE 15 GAL - 24" BOX CF CERCIDIUM FLORIDUM BLUE PALO VERDE 15 GAL - 24" BOX CHI CHILOPSIS LINEARIS DESERT WILLOW 15 GAL - 24" BOX LY LYSILOMA THORNBERI FEATHER BUSH 15 GAL - 24" BOX OT OLNEYA TESOTA IRONWOOD 15 GAL - 24" BOX PRA PROSOPIS ALBA 'COLORADO' COLORADO MESQUITE 15 GAL - 24" BOX PTE PITHECELLOBIUM FLEXICAULE TEXAS EBONY 15 GAL - 24" BOX ***PALMS*** CH CHAMAEROPS HUMILIS MEDITERRANEAN FAN PALM 24" BOX WF WASHINGTONIA FILIFERA CALIFORNIA FAN PALM 8 -12' HIGH MIN. ***SHRUBS*** ATS ATRIPLEX SPECIES SALTBUSH 1 - 5 GAL BAL BAILEYA MULTIRADIATA DESERT MARIGOLD 1 - 5 GAL BL BOUGAINVILLEA 'LA JOLLA' BOUGAINVILLEA 1 - 5 GAL BOO BOUGAINVILLEA 'OOH LA LA' BOUGAINVILLEA 1 - 5 GAL BUM BUDDLDIA MARRUBIFOLIA BUTTERFLY BUSH 1 - 5 GAL CA CASSIA ARTEMISIOIDES FEATHERY CASSIA 1 - 5 GAL CAC CALLIANDRA CALIFORNICA BAJA FAIRY DUSTER 1 - 5 GAL CHM CHRYSACTINIA MEXICANA DIMIANITA 1 - 5 GAL CN CASSIA NEMOPHILA BUSHY SENNA 1 - 5 GAL COP CORDIA PARVIFOLIA LITTLE LEAF-CORDIA 1 - 5 GAL CPU CAESALPINIA PULCHERRIMA RED BIRD OF PARADISE 1 - 5 GAL EF ENCELIA FARINOSA BRITTLE BUSH 1 - 5 GAL JSM JUSTICIA SPICIGERA MEXICAN HONEYSUCKLE 1 - 5 GAL JUC JUSTICA CALIFORNICA CHUPAROSA 1 - 5 GAL LAR LARREA TRIDENTATA CREASOTE BUSH 1 - 5 GAL LFR LEUCOPHYLLUM L.'RIO BRAVO' TEXAS RANGER 1 - 5 GAL LFT LEUCOPHYLLUM C. THUNDERCLOUD' TEXAS RANGER 1 - 5 GAL LPT LEUCOPHYLLUM P.'SIERRA BOUQUET' TEXAS RANGER 1 - 5 GAL LZ LEUCOPHYLLUM Z.'CIMARRON' TEXAS RANGER 1 - 5 GAL 45 585 033 June 20, 2000 Warner =' en9o-clarg La Quinta Arts Foundation Specific Plan • TABLE 9 — (Continued) • Conceptual Landscape Palette SYMBOL BOTANICAL NAME COMMON NAME SIZE REMARKS MEA MUHLENBERGIA L `AUTUMN GLOW YELLOW DEVILS SHOESTRING 1 - 5 GAL MER MUHLENBERGIA L `REGAL MIST' RED DEVILS SHOESTRING 1 - 5 GAL MRN MUH.ENBERGIARIGM?4A,SHva.LE' DEER GRASS 1 - 5 GAL PEP PENSTEMON PARRYI PARRY'S PENSTEMON 1 - 5 GAL PES PENSTEMON SUPERBUS SUPERB PENSTEMON 1 - 5 GAL RK RUELLIA `KATII' RUELLIA 1 - 5 GAL SAN SANTOLINA CHAMAECYPARISSUS LAVENDER COTTON 1 - 5 GAL SC SIMMONDSIA CHINENSIS JOJOBA 1 - 5 GAL TC TECOMA STANS YELLOW BELLS 1 - 5 GAL TL TAGETES LUCIDA LICORICE MARIGOLD 1 - 5 GAL XCC XYLOSMA CONGESTUM `COMPACTA DWARF XYLOSMA 1 - 5 GAL • • • CACTI • • • AAC AGAVE AMERICANA CENTURY PLANT 5 -15 GAL CE CEREUS PERUVIANUS PERUVIAN APPLE 5 -15 GAL 3-6STEMS DL DASYLIRION LONGISSIMUM MEXICAN GRASS TREE 5 -16 GAL DW DASYLIRION WHEELERI DESERT SPOON 5 -15 GAL EC ECHINOCACTUS GRUSONII GOLDEN BARREL CACTUS 12 -18" DIA EUM EUPHORBIA MILII CROWN OF THORNS 5 GAL FEB FEROCACTUS SP. RED BARREL CACTUS 12 -18" HTS FS FOUQUIERIA SPLENDENS OCOTILLO 5' HT 6CANE Milt HP HESPERALOE PARVIFLORA RED YUCCA 1 GAL HPY HESPERALOE PARVIFLORA `YELLOW YELLOW YUCCA 4 - 5 PADDLE CFI OPUNITIA FICUS-INDICA THORNLESS OPUNTIA 4 - 5 PADDLE OPC OPUNITIA CHLOROTICA PANCAKE PRICKLY PEAR 4 - 5 PADDLE OS OPUNITIA SP. `SANTA RITA' PURPLE OPUNTIA 4 - 5 PADDLE YG YUCCA GLORIOSA SPANISH DAGGER 5 -16 GAL YTO YUCCA THOMPSONII NCN 5 -15 GAL YUB YUCCA BACCATA BLUE YUCCA 5 -15 GAL • • • VINES • • • AN ANTIGONON LETOPUS QUEEN'S WREATH 1 GAL BBK BOUGAINvILLEA'BARBARA KARsr BOUGAINVILLEA 1 - 5 GAL CI CALLIANDRA INAEQUILATERA PINK POWDER PUFF 1 - 5 GAL MU MACFADYENA UNGUIS - CATI CAT'S CLAW 1 GAL PTV PITTOSPORUN T. `VARIEGATA' VARIGATED MOCK ORANGE 1 - 5 GAL PY PYRANCANTHA `GRABERII' FIRETHORN 1 - 5 GAL RSB ROSA `BANKSIAE' LADY BANKS ROSE 1 - 5 GAL • • • GROUNDCOVER • • • ACR ACACIA R. `DESERT CARPET' TRAILING ACACIA F—IGAL @ 5' O.C. ADS ANTIQUE GOLD DECOMPOSED GRANITE FINES (114" MINUS) FOR APPROVED EQUAL TO BE APPLIED AT A 2" DEPTH IN HIGHER TRAFFIC AREAS AND AT A 1.5" DEPTH IN LOWER TRAFFIC AREAS. 034 46 June 20, 2000Warner eNng La Quinta Arts Foundation Specfc Plan • TABLE 9 — (Continued) • Conceptual Landscape Palette SYMBOL BOTANICAL NAME I COMMON NAME SIZE REMARKS AGG ANTIQUE GOLD GRAVEL (314" TO 2.5") FOR APPROVEE EQUAL — AFTER INSTALLATION OF DECOMPOSED GRANITE FINES, ANTIQUE GOLD GRAVEL IS TO BE HAND BROADCASTED IN OPEN AREAS BETWEEN PLANTS WITH A GREATER PERCENTAGE PLACED IN HIGH VISIBLE AREAS. DESIRED AFFECT TO BE APPROVED BY THE LANDSCAPE ARCHITECT A TIME OF INSTALLATION. BCH BACCHARIS P. 'THOMPSON' BACCHARIS 1 GAL @ 5' O.C. CGP CARISSA G. 'PROSTRATA' PROSTRATE NATAL PLUM 1 GAL @ 4' O.C. HYDRO HYBRID BERMUDA # 328 — APRIL 1 — SEPT 31 OVERSEEDED WITH PERENNIAL RYE OCT 1 — MARCH 31 FROM HYDROSEED LAM LANTANA MONTEVIDENSIS PURPOSE PRO . LANTANA 1 GAL @ 5' O.C. LNG LANTANA 'NEW GOLD' SPREADM YEULOW LAWANA 1 GAL @ 5' O.C. OBM OENOTHERA BERLANDIERI MEXICAN PRIMROSE 1 GAL @ 4' O.C. RR RIVER ROCK 1 — 3" COVER AREA AS SHOWN VG VERBENA GOODDINGII VERBENA 1 GAL @ 3' O.C. VR VERBENA RIGIDA VERBENA 1 GAL a@ 3' O.C. 2.1.3.3 Irrigation For water conservation purposes, only automatic and drip irrigation systems will be permitted for landscaped areas, median islands, with automatic sprinkler systems for lawn areas. Landscape irrigation systems will be designed according to proven application methods and rates to minimize or eliminate potential runoff, and to operate at times when water evaporation is minimal due to the effects of wind and intense heat. The irrigation systems will be permanent, underground, automatically controlled, and adequate for establishing and maintaining plant materials while minimizing water requirements. Emphasis will be to install durable irrigation equipment with components that are easy to maintain, repair, or replace when necessary. Pop-up heads Will be situated in such a manner so as to minimize overspray onto paved surfaces and non- plantable areas, and parking areas where calcium and mineral build-up can damage motor vehicles. Consideration will be given to minimize breakage and reduce maintenance costs for irrigation heads placed adjacent trails, walkways, streets, driveways and paved parking areas. The final landscape plan will provide for appropriate screening of various cable and electrical boxes where applicable, with the proposed planting plan subject to specific review during the City's site development permit process. Maintenance of the irrigation systems will be addressed as part of the Guidelines for Sustainability (Reference Table 12) as established for the project. Irrigation plans and equipment will be subject to review by the Public Works Director and the Coachella Valley Water District prior to installation. 58� 035 47 June 20, 2000 ��. La Quinta Arts Foundation SpecMic Plan 2.1.4 Utilities The Coachella Valley Water District ("CVWD") has a 12 inch water main in the Washington Street right-of-way capable of providing for a looped local distribution system to the project area. Gravity flow sewer collection by the CVWD is also feasible to mains and manholes located to the southeast without extensive off -site improvements. Electricity by the Imperial Irrigation District ("IID"), natural gas by the Southern California Gas Company, and telephone service by General Telephone are all available in accordance with Public Utility Commission rules and regulations. Desert Sands Unified School District public school facilities are also available approximately 1 mile east of the site. For major events, LQAF will contract for fire and sheriff services. 2.1.5 Specific Plan Boundary Adjustments With the exception of dedication of additional street right-of-way width along Washington Street, no boundary adjustments are proposed to accommodate the Specific Plan. 2.2 Land Use As noted earlier in this Specific Plan, the current zoning of the subject site permits the development of the proposal as already described, subject to separate approval of an application for conditional use permit. 2.2.1 Land Use Plan The proposed use consists of a multi -phase planned development with a permanent outdoor festival area that will serve as a gathering place for the world renowned La Quinta Arts Festival, as well as many other civic and cultural events. This Specific Plan establishes development standards for the entire site including integrated design for the Washington Street frontage. These standards will include consideration of building setbacks, architecture, lighting, landscape, public art, noise and storm water retention. 2.2.2 Development Standards The zoning development standards contained within the City of La Quinta Zoning Ordinance will be followed except where specifically modified by this Specific Plan. The City's design standards along the Washington Street frontage will be followed to be consistent with the General Plan. 588 036 48 June 20, 2000 La Quinta Arts Foundation Specific Plan 2.2.3 Grading Plan, Erosion Control, SWPPP/NPDES/PM10 2.2.3.1 Grading Plan All internal roads will be mass graded in a single phase. Pads will be established initially for the General Parking Lot adjacent Washington Street, the Festival Grounds, the valet parking area, the Artists' Parking Lot, the Terraces and the building pad for the future Foundation building, and the parking and drop-off areas adjacent the future Foundation building. It is the intention of LQAF that the architectural design of the future Foundation building will establish the "theme" of the site, therefore prompting the need to preserve its visibility. Prior to issuance of any grading permit for work on the site, LQAF will provide the City Community Development Department a copy of the written parking agreement that demonstrates reciprocal use of LQAF parking facilities and the adjacent parking area belonging to St. Francis of Assisi Church that limits the use of temporary church parking by LQAF attendees to times not interfering with church functions. Additionally, LQAF will furnish the City proof of easements or written permission, as may be required, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. After grading of the building pad has been completed, to prevent water or wind erosion, landscape turf with perimeter trees and shrubs will be planted pending future construction. It is estimated that the total grading operation will move approximately 150,000 cubic yards of dirt and there will be a net balance on the site (without need to import additional soils onto the site). Exhibits 4-A and 4-13 depict the mass grading and hydrology concepts for the project, and the illustrations contained within Exhibits 5 and 6 depict the Washington Street cross section adjacent LQAF site and line of sight cross sections from the adjacent Laguna de la Paz residential development. The manufactured 2:1 slope area shown around the eastern perimeters of the future Foundation building pad will be graded as sculpted meandering stepped Terraces to appear as natural land articulations when finished and landscaped to appear aesthetically pleasing and to minimize erosion concerns. As per City requirements, slopes will not exceed 5:1 within public right of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. Retention basin slopes will not exceed 3:1, with a maximum retention depth of six (6) feet. Grading plans, along with irrigation and landscape plans_ will be subject to review and approval by the Coachella Valley Water District. 2.2.3.2 Erosion Control The grading operations shall include adequate provisions for water and wind erosion control both during, as well as after, grading operations have ceased. The details of erosion control shall be included in the project's Storm Water Pollution Prevention Program (SWPPP) and PM 10 Plan. The following are minimum requirements for water and wind erosion control: 589 037 49 June 20, 2000 = Warmer z e -iglr eNEK11g La Quinta Arts Foundation Spec/fc Plan • Prewatering — The site shall be prewatered to saturate the grounds a minimum depth of 3 feet prior to the onset of grading operations. • During grading — Once grading has commenced, and until grading has been completed, watering of the site and/or other treatment(s) determined to be appropriate shall be ongoing. Post grading — All disturbed areas shall be treated to prevent wind and erosion control for the term that the area will remain undeveloped, even though it may remain undeveloped for several years. Wherever feasible, final landscape and irrigation shall be installed. 2.2.3.3 SWPPP/NPDES/PM10 Since the Coachella Valley experiences periods of moderate to heavy wind conditions, windblown dust and sand are a concern with mass grading operations, especially those areas in excess of 5 acres in size. Because of health concerns, the South Coast Air Quality Management District, in conjunction with the Environmental Protection Agency, has instituted a plan in the valley to curb excess PM 10 (small particle dust). The City also participates in the National Pollutant Discharge Elimination System ("NPDES") program. The grading concept for the project will entail a single phase of mass grading. The City of La Quinta requires SWPPP, NPDES, and PM 10 plans to control the wind and water borne erosion associated with such grading operations. The project will comply with the City's requirements relative to these programs. 500 038 50 June 20, 2000 Vftrner v, englfl -mng ►tiRc ASSOCIATES ATTACHMENT #2 ELECTRICAL ENGINEERING & LIGHTING CONSULTING August 16, 2001 Ms. Christine D'Lorio City of La Quinta 78495 Calle Tampico La Quinta, CA. 92253-1504 Subject: La Quinta Arts Foundation — Site Lighting Comparisons Dear Christian, The following describes the differences between a bollard lighting system noted in the Specific Plan and a traditional lighting system utilizing sharp cut-off reflector systems, flat lenses and 100-watt high-pressure sodium lamps. Refer to exhibit # 1 for a detailed comparison. Bollard Lighting System The bollard lighting system requires a total of 272 light fixtures in the general parking lots areas to achieve 1.09 average foot-candles, 10.9:1 average to minimum ratio and 74:1 maximum to minimum ration. Although the average footcandles meets the city ordinance the maximum to minimum and average to minimum ratios fail to come close to the city ordinances. The result of this type of lighting is extremely poor due to the hot spots of light and the potential for dangerous driving and pedestrian traffic conditions. The intended uses for bollard lighting is walkways and pedestrian gathering places where lighting is confined in a specific area. As illustrated in the photometric site plan (exhibit 2) the lighting between bollards provide for good illumination while the lighting in the drive lanes falls to .20 foot-candles. This was achieved by raising the top of the bollard to +/- 6'6", which positions the light at or about eye level, in order to increase the distribution of light and to raise the base of the light out of the flood basin. What's important to understand about the .20 foot-candles is that these readings are calculated with no cars parked in the spaces. What will happen when cars are present is that the drive lanes will not be lighted and even worst, drivers could be confronted direct glare from the raised bollard light fixture. Engineers and lighting designers are concerned about two type of glare, "discomfort glare" is the subjective component that causes a discomfort to the eye but does not interfere with the ability to see. "Disability Glare" on the other hand, is that which dangerously affects one's ability to function in an environment. An example would be the temporary blindness after passing an oncoming car with its high -beam lights on or driving through areas with little or no illumination while approaching areas illuminated with hot spots of light and light sources positioned at eye level. 591 039 1 255 EAST RAMON ROAD / PALM SPRINGS. CA. 92264 / 760.325.1 045 FAX: 760.325.3025 mrcr9ya(a7aoLcom MRC ASSOCIATES ELECTRICAL ENGINEERING & LIGHTING CONSULTING August 16, 2001 Subject: La Quinta Arts Foundation — Site Lighting Comparisons Pole Mounted Lighting The pole lighting system being proposed in exhibit 43 utilizes 93 light fixtures compared to 272 required for a bollard lighting system. The average foot-candle is 1.16 across the total area of the parking lots. This is best illustrated by the maximum to minimum ration of 16:1 and the average to minimum ration of 5.8:1. As illustrated in the photometric data the drive lanes generally have between 1.20 to .20 foot-candles of light. We are able to create an extremely efficient and even illumination by utilizing a lighting fixture that incorporates a type 5 reflector system with a vertical lamp position to reduce the high levels of foot-candles directly below the fixture while spreading light in broader areas. Combined with a flat lens and a mounting height of 18'0" the results of this lighting system provide for even illumination with no hot spots of light. In addition to utilizing a high performance luminaire we chose to utilize High Pressure Sodium lamps to reduce the contrast of light between the dark sky and the color of the artificial light. Contrast issues are generally promoted when white light sources are used against a dark sky, which results in discomfort glare. The issue of discomfort and disability glare is minimized in the pole lighting design approach by positioning fixture away from the residential side of the project, properly spacing luminaries to eliminate hot spots of light and mounting a sharp cut-off luminaire at 18'0" above grade. The foot-candle readings at the residential properties are less than .01 foot-candles without taking in account that a 6' landscape berm exists. Photometric data and readings are based on a flat plan or workspace and do not take into account berms, trees, cars or other objects that might block the light. The result of this lighting system will be even illumination with little or no glare, low levels of contrast against the night sky and no intrusion of light into residential properties. If in the event you have additional questions concerning the project lighting issues or general questions concerning lighting design please contact me at 760-325-1045. Wcerel, President Pc: Christi Salamone Greg Diodati 2 592 1 255 EAST RAMON ROAD / PALM SPRINGS, CA. 92264 / 760.325.1 045 FAX: 760.325.3025 mrcra3 aC&,ao1.com MRC ASSOCIATES ELECTRICAL ENGINEERING & LIGHTING CONSULTING La Quinta Arts Foundation Lighting Study 8/16/01 BOLLARD LIGHTING POLE MOUNTED LIGHTING Average 1.09 1.16 Footcandles Maximum 7.4 3.2 Footcandles Minimum 0.1 0.2 Footcandles Average to Minimum 10.9 to 1 5.8 to 1 Ration Maximum to Minimum 74 to 1 16 to 1 Ration 599 U4j. 1 255 EAST RAMON ROAD / PALM SPRINGS, CA. 92264 / 760.325.1045 FAX: 760.325.3025 rn craya6b-aol.cOln CA& H seR s sK Catalog No. Wattag"±13 A B SKA 150.. `. 8 42 SKB 75 12, 42 LAMPS: OPTIONAL FINISHES: MVMercury Vapor DBE' " Dark Bronze MH -Metal Halide BL" E - Black HPS - .High Pressure Sodium GYE - Pewter VOLTAGE: 120 - 208 - 240 - 277 SPECIFICATIONS LUMINAIRE ... shall be a heavy gauge extruded aluminum tubing with a cast aluminum dome and louvers. LENS ... shall be a clear screw type cylinder glass, gasketed for weather tight performance. BALLAST ... shall be either Mercury Vapor, Metal Halide or High Pressure Sodium HPF core and coil ballast. MOUNTING STAND ... shall be die formed with a heavy duty porcelain socket, ballast and anchor base. FINISH ... shall be a high solid polyurethane Medium Bronze finish. Rated 1000 hour salt spray test (ASTM B-177). U.L.... all electrical components shall be U.L. listed, suitable for wet location. 594 042 G7� L_7-/611%, LIGHTING SYSTEMS, INC. C2A POLES 5" STRAIGHT SQUARE STEEL GENERAL DESCRIPTION: The Gardco-Emco Lighting SSS straight steel pole consists of a one piece square fabricated steel lighting standard. The carbon steel base plate is secured to the shaft with a continuous circumferential weld providing excellent strength and integrity. The poles are finished with an electrostatically applied, thermally cured TGIC polyester powder coat. All poles include anchor bolts, full base cover, hand hole, ground lug and top cap. - O R D E R I N G POLE HEIGHT SIZE GAUGE DRILLING PAINTED FINISH OPTIONS SSS 25 H 5 11 D1 BRP PC I SSS 25' 5" 7 D1: 1 way BRP: Bronze PC: Photocontrol 30' 11 D2: 2 way NP: Natural Aluminum and Receptacle D3: 3 way BLP: Black (n toecap) D4: 4 way WP: White PCR: Receptacle only T2: 2 3/8" OD Tenon OC*: Optional Color (in top rap) T4: 4" OD Tenon (Specify AAL designation as FES: Festoon Outlet shown in Color Selection Guide) SC: Special Color (Must supply color chip.) TYPE POLE HEIGHT SIZE GAUGE DRILLING FINISH OPTIONS SSS 5 SSS 5 SSS 5 SSS 5 SSS ^5 SSS 5 CATALOG MAXIMUM NUMBER POLE SIZE LUMINAIRE LOADING* ANCHOR BOLT DATA** POLE BOLT PREFIX HEIGHT SIZE GAUGE 100 MPH 90 MPH 80 MPH CIRCLE BOLT SIZE MAX PROJ. (FT.) (inches) EPA-FT2 EPA4FT2 EPA-FT2 (inches) (inches) (inches) SSS 25 5 11 3.7 6.3 9.8 11 1 x36x4 4.0 SSS 25 5 7 9.1 12.7 17.8 11 1 x36x4 4.0 SSS 30 5 11 - 2.0 4.7 11 1 x36x4 4.0 SSS 30 5 7 3.9 6.7 10.7 11 1 x36x4 4.0 *Warning: Additional wind loading, in terms of EPA, from banners, cameras, floodlights and other accessories attached to the pole, must be added to the luminaire(s) EPA before selecting the pole with the appropriate wind load capability. "Factory supplied template must be used when setting anchor bolts. Gardco-Emco Lighting will not honor any claim for incorrect anchorage placement resulting from failure to use factory supplied templates. AlGardco E M CO 2661 Alvarado Street San Leandro, CA 94577 ph: 800/227-0758 CA 510/357-6900 Lighting U LIGHTING FAX 510/357-3088 http://www.sitelighting.com/ Genlyle Thomas Group LLC The EcolumelDecolume is a rectilinear post -top mounted area luminaire. The Deolume features three (3) decorative ribs along the lower portion of the dieformed housing. The precision segmented optical systems provide required light levels, even Illumination, wide pole spacings and glare control. The door frame is anodized, extruded aluminum. Each luminaire is completely sealed and gasketed, preventing intrusion from moisture, dust, insects and contaminants. The DECT housing adds subtle additional height to allow for 1000 watt capability in a lower profile, more appealing form for both vertical and horizontal lamps. "EMCO SLIGHTING 4"IA& ORDERING 6 (Z /Mr,>- L( & " ( PREFIX MOUNTING SIZE DISTRIBUTION WATTAGE VOLTAGE FINISH OPTIONS DEC Pi 18 QV 1000MH 277 BRP PCR EC P1 18" IA! 1$"_ 2T SEE CHART 120 BRP CR ACR DEC P2 23" 2H 2H HM V_eo BELOW 208 BLP HS POLY DECT P3 3H 3H 2H 3V 240 NP F Qs P4 FH FH 3H FV 277 WP PCT QUAD GH GH FH OV 480' OC PCR 3V 3V GH 3V-RNC SC PCB FV FV GV-RNC Qv QV 3SV QSV PREFIX DISTRIBUTION EC Ecolume HORIZONTAL LAMP VERTICAL LAMPS MALLMAS 7ER DEC Decolume 2H Type II 3V-'' Type III Semi Cutoff VerticaR DECT Decolume Tall 3H Type III GV" Type V Square 3SV Type III FH Forward Throw FV' Forward Throw QSV Type V MOUNTING OH Type V Square 3V-RNC2" Type III w/reduced nadir candlepower Pi Yoke Mount - OV-RNCz' Type V w/reduced Fits EMCO SSS5 Pole nadir candlepower P2 Yoke Mount Pole Top Fitter - Fits 2 3/8" O.D. Tenon P3 Yoke Mount Pole Top Fitter - Fits 3" -31/2' O.D. Tenon P4 Yoke Mount Pole Top Fitter - Fits 4' O.D. Tenon WATTAGE' FINISH OPTIONS ECP/DECP18 BRP Bronze Painted CR Colored Reveal - Decolume only 250HPS 250MH BLP Black Painted (Specify color. Sub%ect to ays Y) 400HPS 40OMH NP Natural Aluminum Painted HS Internal House Side Shield ECP-IDECP-23 WP White Painted (SgDpriedsWx1ard with FWFvqpfis) 750HPS 75OMH OC' Optional Color Paint F Fusing 1000HPS 1000MH -Specify RAL designation as PCT Twistlock Photocontrol and DECTP18 shown in Color Selection Guide Receptacle 750HPS 45OPSMH ex. OC-RAL7024 PCR Twistlock Photocontrol Receptacle Only 750MH SC Special Color Paint PCB Button Photoc ontrol 1000MH (Must supply color chip) (Photocontrols k r0ed to 1000W maxknum combined lundnake wastage. WA wl4WV? NOTES 1. 18" Vertical lamp optics are supplied standard with a high temperature resistant thermoplastic sag lens. 23' Vertical lamp optics are supplied standard with sag glass. 2. 3V/OV optical system features an upper (factory set) sharp cutoff socket position. For wider spacings, a lower (field adjustable) semi -cutoff socket position may be set. 3. RNC (Reduced Nadir Candlepower) option should be specified only in applications requiring extreme maximum to minimum uniformity ratios (5 to 1 or lower). Reduced luminaire efficiency will result in lower footcandle levels. 4. Mercury Vapor (MV) is available. DIMENSIONS ACR— Acrylic Sag Lens POLY" Polycarbonate Sag Lens •Ony available w/single and twin Iwninaires 0 180' "WA w/DECA23" or DECT18 kxNnaires. GS Quartz Standby QUAD Quad Tap Ballast (120/208/240/277) ECOLUME/DECOLUME DIMENSIONS Hsg Size (A) (B) (C) DECP18 18" 10' 25.5" DECTP18 18" 12" 27.75' DECP23 23' 14" 37.5" ECOLUME/DECOLUME EPA (Effective Projected Area) Ff 18 FLAT LENS �E; 2.2 4 DECTP FLAT LENS 2.5 SAG LENS 2.6 5 9 (_' ECP/DECP23 FLAT LENS 3.6 �J �J lJ SAG LENS 3.9 044 For more information, visit our website: httpJ/www.sitelighting.com ATTACHMENT #3 Planning Commission Minutes August 28, 2001 1. Chairman Abels asked for the staff repo Planning Manager Christine di lorio presented the informati contained in the staff report, a copy of which is on file in th ommunity Development Department. 2. Chairman Abels asked if there we a any questions of staff. There being none, Chairman Abels a ed if the applicant would like to address the Commission. T applicant stated he was available to answer any questions. 3. Chairman Abels asked if there were any questions of the applicant. There bein none, Chairman Abels asked if there was any other public c mment. There being no further public comment, Chairma Abels closed the public participation portion and opened the it m for Commission discussion. 4. There being no urther discussion it was moved and seconded by Commissione s Robbins/Kirk to adopt Minute Motion 2001-015 approving a amendment to the sign program for Specific Plan 99- 036, subj t to the findings and conditions as recommended. 5. Unanin)6usly approved. Community Developme Director Jerry Herman excused himself due to a possible conflict of interest and/le t the meeting. _ G. Specific Plan 2000-042, Amendment #1; a request of the La Quinta Arts Foundation for approval of an amendment to modify the parking lot lighting standards at the project located on the west side of Washington Street, between Avenue 47 and Avenue 48. 1. Chairman Abels opened the public hearing and asked for the staff report. Planning Manager Christine di lorio and Planning Consultant Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. Commissioner Kirk asked staff to clarify the two photometric studies. Both were the same with the exception that one of the plans also included lighting for the artist's parking lot. 597 G:\WPDOCS\PC8-28-01.wP d 12 045 Planning Commission Minutes August 28, 2001 3. Commissioner Robbins asked staff to explain the difference between the two different type of light fixtures, bollards and poles. Staff asked that the applicant explain this. 4. Commissioner Tyler asked what color light would be put out by the bulbs proposed. Staff stated yellow. Commissioner Tyler asked if these lights would affect the traffic on Washington Street. Staff stated the study shows the light exposure to Washington Street is "0" due to the berm and light source. 5. Chairman Abels asked if the applicant would Like to address the Commission. Mr. Frank Delaney, representing the applicant, gave his presentation on the project. He further stated they concurred with staff's recommendations and went on to explain the reason for the request. He then addressed the issues raised in the letter received from Wayne Guralnick, attorney for Laguna de la Paz homeowners and asked that the Commission either approve or deny the application to allow the project to continue going forward. They would not like to have the project continued. He then introduced Mr. Ralph Raya of MRC Associates, the electrical engineer consultant, who gave a -presentation. 6. Chairman Abels asked if there were any questions of the applicant. Commissioner Kirk asked Mr. Raya to qualitatively explain the difference between the two photometric studies. Mr. Raya explained the difference. Commissioner Kirk asked what the difference was between the two light fixtures at the boundary with Laguna de la Paz. Mr. Raya stated they chose a light fixture that was totally shielded with the flat lens and amber lighting to reduce the amount of light. They did not increase the amount of lighting at the property line, or along Washington Street. They reduced the hot spots and foot-candles over the site. Commissioner Kirk asked how this entire project with either light source compares to the lighting along Highway 111. Mr. Raya stated landscaping lighting only lights a single area. This will have less foot-candles than the parking lot lighting at the corner shopping center. 7. Commissioner Tyler asked where the height of the fixtures was measured from. Mr. Raya stated it was measured at finish grade. The opening of the fixture is at 18 feet. G:\WPDOCS\PC8-28-01.wpd 13 Planning Commission Minutes August 28, 2001 8. Chairman Abels asked if anyone else would like to address the Commission on this issue. Ms. Marie Bochnewich, representing the HOA for Laguna de la Paz, stated they were requesting a continuance to allow them time to evaluate the proposal as one week is not adequate time to evaluate the lighting plan. 9. There being no further public comment, Chairman Abels closed the public participation portion of the hearing and opened the project for Commission discussion. 10. Commissioner Robbins stated he shares the concerns of the HOA, but also shares the safety concerns of the City and Arts Foundation. He concurs with the light study as presented and as the application will not be taken to the City Council for a month it will allow them ample time to have their study completed. 11. Commissioner Kirk stated he was supportive of the bollard lighting when the project was originally approved. However, he did hope the Laguna de la Paz lighting consultant could come up with an alternative lighting program utilizing the bollard lighting. He also concurs there is ample time for the homeowners to conduct a study prior to the City Council meeting. 12. Commissioners Butler, Tyler, and Chairman Abels stated they concurred with the statements made. 13. There being no further discussion, it was moved and seconded by Commissioners Robbins/Kirk to adopt Planning Commission Resolution 2001-1 12 approving Specific Plan 2000-042, Amendment #1, subject to the findings and conditions as amended: a. Condition #2: "...and the light fixtures shall be a maximum of 18-feet in height." ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSTAIN: None. ABSENT: None. Vill. CORRESPONDENCE*N�D WRITTEN MATERIAL: None. 590 G:\WPDOCS\PC8-28-01 .wpd 14 047 ATTACHMENT #4 August 25, 2001 Community Development Department La Quinta City Hall 78-495 Calle Tampico La Quinta, CA 92253 Re: Specific Plan 200-042, Amendment # 1 La Quinta Arts Foundation We live in Laguna De La Paz and do not want 18-fool high parking lot lights next door to us. The church next door to The Arts Foundation does not have 18 foot lights and they must have met the City's lighting standards. I'm sure there is another alternative to lighting the parking lot at The Arts Foundation with out destroying the ambiance of our neighborhood. Sincerely, c June & Charles Pariano 48-114 Vista Cielo La Quinta, CA 92253 600 ATTORNEYS SERVING COMMUNITY ASSOCIATIONS GURALNICK & GILLILAND ATTORNEYS AT LAW 74-399 HIGHWAY 111, SUITE M PALM DESERT, CALIFORNIA 92260 TELEPHONE: (760) 340-1515 FACSIMILE: (760) 568-3053 EMAIL: GG@GGHOALAW.COM August 28, 2001 via facsimile and hand delivery (760) 777-1233 Planning Commissioners City of La Quinta 78-495 Calle Tampico La Quinta, CA Attn: Christine Di Iorio, Planning Manager Re: AMENDMENT TO SPECIFIC PLAN NO. 2000-042 LA QUINA ARTS FOUNDATION PROJECT - PARKING LOT LIGHTING Dear Commissioners: TEMECULA OFFICE (909) 296-66 29 SAN DIEGO OFFICE (619) 232-1300 PLEASE REFER TO FILE: This law firm represents Laguna De La Paz Homeowners Association. The Association is at this point opposed to the proposed amendment to the La Quinta Arts Foundation Specific Plan to change the lighting design for the parking lot from low - intensity bollard fixtures to 93 individual 18-foot high light fixtures. 1. REQUEST FOR CONTINUANCE The Association respectfully requests that the Commission continue this hearing at least thirty (30) days, to permit the Association to work with its new expert lighting consultant, Joe Nolan of Dream Engineering, Inc., to independently evaluate the impact of the proposed amendment upon the residents of Laguna De La Paz. 601 049 GURALNICK & GILLILAND ATTORNEYS AT LAW August 28, 2001 Planning Commission Re: La Quinta Arts Foundation Amendment #1 to Specific Plan page 2 112. STAFF REPORT FAILS TO ADDRESS ASSOCIATION'S STATED CONCERNS11 The staff report conspicuously fails to mention that at that meeting of August 23, 2001 between staff, the Foundation and the Board, the Board expressed several serious concerns, as follows: 1. Possible light pollution of Laguna De La Paz residences due to brighter and taller parking lot fixtures. 2. Lack of adequate notice to evaluate the new lighting plan by an independent lighting consultant. 3. August hearing date makes it almost impossible for the Laguna De La Paz property owners to express their concerns or attend the hearing or for the Board to receive input from their members. A continuance will permit these matters to be addressed. 3. The Specific Plan and CEQA Mitigation Require That Laguna De La Paz Be Protected from Light and Glare From The Parking Lot. The Specific Plan expressly requires that lighting throughout the LQAF project will have the minimum possible adverse impacts upon Laguna De La Paz. It is important to note that the parking lot will be open and the lights on as late as 1:00 a.m. during festival season, since the festival runs until midnight. Section 2.1.3.1 of the Specific Plan states that there shall 602 050 GURALNICK & GILLILAND ATTORNEYS AT LAW August 28, 2001 Planning Commission Re: La Quinta Arts Foundation Amendment #1 to Specific Plan page 3 "No parking lot, festival ground, or lighting placed elsewhere on the site that creates bright glares or illuminates evening skies, the nearby hillsides, or the adjacent Laguna De La Paz residential development." Additionally, lighting design throughout the project is to be "designed to preserve night-time ambiance and night skies using cut-off elements and indirect lighting sources to minimize illumination of the adjacent Laguna De La Paz residential development and the nearby hillsides." The mitigated negative declaration specifically includes lighting as among the mitigation measures: "All lighting to meet City standards. Angle lighting downward. Direct lighting away from residential and hillside areas." (Summary Chart for Monitoring Program for CEQA Compliance, p. 1 of 16.) It is unclear from the proposed amendment that the above provisions will be complied with under the new lighting scheme. 4. The Proposed Amendment Does Not Ensure That Laguna De La Paz Will Be Protected From Light And Glare. The staff report states that the light fixtures will be "shielded so as to eliminate possible light glare and spillage onto the residential structures at Laguna De La Paz." Mr. Raya' s letter states that there will be "no intrusion of light into residential properties." 603 451, GURALNICK & GILLILAND ATTORNEYS AT LAW August 28, 2001 Planning Commission Re: La Quinta Arts Foundation Amendment #1 to Specific Plan page 4 There does not appear to be any data presented which justifies these conclusions. The Association does not agree, without the advice of their own independent lighting expert, that the "shielding" of 18-foot lights will necessarily "eliminate" light pollution into the back yards and homes of its residents. 115. Change To 18 Foot Light Poles Interferes With Scenic Views The bollard light scheme which was approved in the Specific Plan prevents any blocking of mountain or sky views due to the relatively low height (approximately 6 - 7 feet) of the fixtures. The 18-foot light poles will create a visual obstruction of mountain and sky views for the Laguna De La Paz residents. One has only to drive by the Indian Wells Tennis Garden to see the negative impact that a forest of tall light fixtures has upon scenic views. 6. Conclusion The Association respectfully seeks a continuance of this matter in order that it may be more fully studied in order to protect its members from possible light pollution. Very Truly Yours, GURALNICK & GILLILAN Wayne S. Guralnick /mb M:\GGD0cs\Marie\1aguna.0828.wpd 604 ()5`' La Quinta Arts FoundationI / La Quinta, California PA�X`Q ' g."Jof - r, . Parking Lot Lighting and Photometric Layout Prepared By: 40 Engineering Incorporated Consulting Electrical Engineers (760)2 2-3369 FAX (760)242-1092 PALM 60)78 dreamjoe0earthInk.net dre®mjoeOW.com Index Written Report . . . . . . . . . . . . . . . 1 Appendix A - Shoebox Layout . 2 Appendix B - Delta Bollard Layout . . . . 3 Appendix C - Kim Bollard Layout 4 _ Appendix D -Conceptual Rendering 5 605 INTRODUCTION: Dream Engineering Inc. has been commissioned by the Laguna De La Paz Homeowners Association to evaluate the proposed parking lot layout for the La Quinta Arts Foundation Specific Plan. METHODOLOGY: Dream Engineering Inc. has reviewed the La Quinta Arts Foundation Specific Plan along with the City of La Quinta Planning Commission's Exhibits 2 and Exhibit 3, which describe parking lot lighting layouts. The Planning Commission's recommendation appears to recommend a shoebox type fixtures mounted on 18' high poles, which was identified as Exhibit 3. This lighting layout did not meet with city's lighting ordinance but did have minimum lighting levels of 0.2 ftc and avglmin ratio of 3:1. The accompanying Exhibit 2 had a bollard layout that did not the city's lighting ordinance and did not even meet the light levels of Exhibit 3. Dream Engineering Inc noted that the 18' high pole mounted lights would be visible from off the property and especially to the south at the boundary with the Laguna De La Paz residences. Dream Engineering ran in house photometrics with a different bollard type and was able to match the lights levels of the 18' pole mounted lights. CONVERSATION WITH LIGHTING CONSULTANT: Dream Engineering Inc. had a telephone conversation with Ralph Raya, the lighting consultant for the La Quinta Arts Foundation. Dream's lighting layout with the bollards, was discussed with Ralph Raya. Ralph was concerned with disability glare that might be generated by the bollards. It was explained to Ralph Raya the Kim bollard used, had a built in refractor and would put out a soft light. There would be no discomfort or disability glare generated. CONCLUSION: After this investigation, it is the professional opinion of Mr. Joseph M. Nolan, a California Licensed Electrical Engineer, that the 18' pole mounted lighting layout would be a public nuisance, as reference in the City or La Quinta's lighting ordinance and as shown in attached appendix D, and that the Dream bollard lighting layout should be used. 606 !sissy 10 slouejj IS .J ■ L 8111� ci V �� allilillu a. m .E 0 U r W J � 72 0 00 J W zed e-1 as eun6e-1 667 • N �E ,0 U C a J .s� a Q is!ssd Jo siOueid }g U W 4) 2 CO coo O zed 81 a(3 eun6e-1 608 co .E .101-2 C J is!ssy 10 siouejj 3S e W Z a _ z�de�(C unBe� 609 c O ■� cc O LL to f+ i cc J w i • m igui s 8u W .` � s c W o OI a) CD OC o— c� .x � as 4) 0 MO Q t� z 610 76o-S6y oaS 3io_Y9zY92 /�E/ u/�/� KEN VON SCHNABL INSURANCE 48567 Via Amistad La Quinta, CA 92253-2270 09 / 18 /01 CITY OF LA QUINTA CITY COUNCIL 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA (92253) RE: LA QUINTA ART FOUNDATIONS SPECIFIC PLAN 2000-042,AMENDMENT#1 ATT" HONORABLE LA QUINTA COUNCIL MEMBERS IN JUNE OF LAST YEAR(2000)jI AS A HONMWNER IN LAGUNA DE LA PAZ,IN LA QUINTA,SMOD IN FRONT OF THE CITY COUNCIL AND VOICED, MY CONCERNS REGARDING THE LA QUINTA ART FOUNDATIONS BUILDING SPECIFICATIONS PROJECT ONLY TO HAVE THE CITY COUNCIL APPROVE THE PROJECT AS IT WAS SUBMITTED. I NOW FIND MYSELF AGAIN STANDING IN FRONT OF YOU AND ADDRESSING MY CONCERNS ON ANOTHER PROBLEM THAT HAS SURFACED SINCE THE LAST MEETING,THIS PROBLEM IS: SPECIFIC PLAN 2000-42,AMENDMENT Of A SUDDEN CHANGE IN LIGHTING SPECIFICATIONS FROM THE APPROVED 5.5 BULLARD LIGHTS TO I8FOUT HIGH PARKING LOT LIGHTS,AKA STADIUM LIGHTS,OVER 100 OF THEM. HAVE ANY OF YOU HAD A CHANCE TO VIEW THE LIGHTING AT THE NEW INDIAN WELLS TENNIS STADIUM. WHEN ALL THE LIGHTS ARE ON THE AREA IS LIT UP LIKE A FOOrlBALLPIELD. CAN YOU IMAGINE HOW THE LAGUNA NEIGBORS WOULD REACT WITH THE POLE LIGHTS AT A LOWER ELEVATION,IT WOULD BE A NIGHTMARE AND WHAT AFFECT IT WOULD BE ON OUR PROPERTY VALUES. I HOPE YOU WON'T MAjEEANY FINAL DECISIONS UNTIL ALL OF THE HONIDOWNERS DF LAGUNA DE LA Ppd HAVE BEEN HEARD. fHf" ABL PAZ STAD LIF (92253-2270) P.S.I HOPE I CAN ADDRESS THE COUNCIL THIS EVENING AT THE 7;00 P.M. HEARING Men Von Schnabl Insurance For All Your Insurance Needs 61? 48567 Via Amistad Phone 760-771-9793 La Quinta, CA 92253-2270 Agent No. 0195144 SEPTEMBER 10, 2001 WENDELL L. HARTMAN 48-655 PASEO TARAZO LA QUINTA, CA 92253 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 RE: La Quinta Arts Foundation Specific Plan 2000-042, Amendment # 1 Dear Sir/Madam: It has come to my attention that subject Specific Plan Amendment proposes to change the 5.5 foot high lighting bollards, that were required by the original "Conditions of Approval", to 18 foot high lighting standards, and that there are over 100 of them proposed for the parking lot adjacent to the residences in Laguna De La Paz. I wish to express my opposition to this proposed change, and strongly urge you to find a solution that will not effectuate a negative impact on the residents of Laguna. De La Paz. This change would not only be a serious negative visual impact (both in the daytime and even more seriously at night ), but would also have a very serious negative impact on property values for the Laguna De La Paz residential community. I am not able to attend the Public Hearing before the City Council on September 18'', but I urge you to very seriously consider this request, along with all of the other notices of opposition that I'm sure you will receive from other Laguna De La Paz residents. Very truly yours mv Wendell L. Hartman cc. Ron Perkins 613 9-13-01 To The La Quinta City Council: ` 4vIN TA\ NITY OF'� We want to express our total disagreement with the La Quinta Arts Foundation in regards to changing the lighting agreement with Laguna De La Paz, from 5.5 foot Bollard lights to 18 foot high "Parking Lot Lights." This will be an eye sore for our community as well as invading our privacy with lights shining into our homes. It will no doubt affect our property values in a negative way. I can't imagine how it can add beauty to what should be an artisticly planned landscape for an Art's Foundation. Please consider our request to adhere to the original agreement and vote against the new lighting proposal. Sincerely, Joseph and Rita Kepner 48517 Via Encanto La Quinta, CA 92253 (Laguna De La Paz) 614 Elizabeth W. Mattfeld 48641 Vista Tierra La Quinta, California 92253 wog � � Q COMMUNITY DEVELOPMENT DEPARTMENT00 zc- LA QUINTA CITY HALL 78-495 CALLE TAMPICO GF r LA QUINTA, CA 92253 IOPME� r, RE: LA QUINTA ARTS FOUNDATION Gentlemen: We take this opportunity to register with you our opposition to the Amendment #1 to the La Quinta Arts Foundation Apecific Plan 2000-042. Up to this point, we have been supportive of the La Quinta Arts Foundation project and have not objected to the impact it may have on our property in Laguna De La Paz. However, the proposal to install 18 foot high light poles instead of the originally planned Bollard lights is extremely distasteful. One has only to drive by the Southwest Community Church and the Tennis Gardens at Fred Waring and Washington to see the impact these high rise light poles will have on our community, even when they are not in use. We hope you will give our concern your favorable attention. Thank you. Sincerely yours, ICJ - Eli abeth W. Matt eld 9/12/01 cc: John Strong Ron Perkins 1 enneth F. Mattfel 615 LA QUINTA ARTS FOUNDATION Parking lot lighting amendment Public hearing ,La Quinta City Council, Tuesday 18 Sept 2001 The La Quinta Arts Foundation should be commended for its improved parking lot lighting proposal . It reduces power consumption 75 percent and improves the safety of the parking area. I have looked at the proposed EMCO lighting fixtures installed at the Palm Springs Mall. These fixtures provide a pleasant, comfortable level of illumination with no glare. They use 150 watt lamps, whereas the proposed lights for the Arts Foundation will use 100 watt lamps, reducing the illumination level compared to the Palm Springs Mall. I do not believe that an illumination of 0.01 foot candles on my back patio will cause me any distress. Installation should be allowed to proceed as soon as possible. (I am much more concerned with completion of the landscaping of the festival area and the berm to prevent the endless blowing of sand in my yard and house that we have had to endure for the past year.) Sincerely, James T. Wells 48147 Vista Ci 1 La Quinta, CA ( At the northern boundry of Laguna De La Paz) 616 Ge: v� C�I�fiL Michael Thomason 48108 Via Hermosa La Quinta, CA 92253-2200 September 11, 2001 Mayor Pena and La Quinta City Council La Quinta City Hall 78-495 Calle Tampico La Quinta, CA 92253 RE: Embassy Suites height zoning code requirements and La Quinta Arts Foundation zoning code parking lot lighting standards. Dear Mayor Pena and La Quinta City Council, I am annoyed by your recent decision to allow the Embassy Suites a height zoning variance when rules are on the books to prevent this from occurring. Not everything is about tax revenue and economics as you might think. Quality of life issues are always more important which brings me to the second issue. I recently learned that the La Quinta Arts Foundation is attempting to modify parking lot lighting plans on Washington Street. Empty or full, parking lots with 18-foot fixtures are unsightly and adversely influence the quality of life. I would like to ask that you decline their request to change the parking lot lighting fixtures. This is a great opportunity to preserve the quality of life here in La Quinta. Let's NOT pollute what we have with unsightly parking lot fixtures. I thank you for your consideration. Sincerely, Michael Thomason 760-771-3 764 617 CA C) OWICOO LaQuinta City Council September 10, 2000 LaQuinta, California Subject: Proposed LaQuinta Arts Foundation Amendment to Specific Plan 2000-042, Amendment # 1 As full time residents of Laguna. De La Paz we join with our neighbors in opposition to change in the previously approved Arts Foundation project. A long series of meetings, assurances and statements relative to the Arts Foundation project and their profound desire to be " good neighbors " convinced us, and many residents of the surrounding communities to accept the Arts Foundation at its word. Now, to change the appearance and subsequent appeal of the area abrogates not only the good will of LaQuinta residents, but is counter to promises and assurances made by the Arts Foundation. This is an issue with long term political and economic consequences for LaQuinta residents. We urge the City Council to disapprove the proposed Amendment. i ark I. Diam _ Mary E. on CC: Laguna. De La Paz Homeowners Association Desert Management Association 618 September 14, 2001 City of La Quinta City Council Re: Specific Plan 2000-042, Amendment # 1 As a resident of Laguna De La Paz, I am writing to request that applicant's request to change parking lot fixtures be DENIED. The La Quinta Arts Foundation's request to allow 18-foot high parking light fixtures will be an eyesore to the community and will lower property values in our community. Their original plans called for much more compatible lighting and I am asking the city council to hold them to the plan they originally submitted, the plan that was approved and the plan to which they originally agreed. Respectfully, Al and Pam Basinger 48611 Calle Esperanza 619 SEP 1 4 200I DON G. KIRCHER, ESQ. 48-149 CALLE SERANAS LA QUINTA, CALIFORNIA 92253 (805) 969-6901 September 12, 2001 Honorable Mayor and City Council City of La Quinta City Hall 78-495 Calle Tampico La Quinta, California 92253 Re: SEPTEMBER 18, 2001 PUBLIC HEARING --SPECIFIC PLAN 2000-042, AMENDMENT NO. 1 --LA QUINTA ARTS FOUNDATION Dear Mayor and Council Members: The purpose of this letter is to express my concern that the Lighting Consultant retained by Laguna de la Paz has not had ample time to appraise the change in the type of lights proposed by the La Quinta Arts Foundation. This is a significant issue, both environmentally and practically, and as such, impacts adjacent property owners' values. The denial of due process or a last minute change after completion of environmental studies is unfair. I therefore urge that the Council do the right thing and allow all information to be obtained for its consideration before a decision is rendered. Thank you for addressing this letter. Very truly yours, i Don G. Kircher, Esq. cc: John Strong, Board President Ref. #3895 6 40 cc sent to: Laguna de la Paz Homeowners Association Attention: John Strong, Board President c/o Desert Management P. O. Box 799 Rancho Mirage, CA 92270 CAM #3803 vl 6� August 30, 2001 Attention all Homeowners On 8128101, The La Quinta Planning Commission passed the request by the Arts Foundation. The La Quints Arts Foundation is attempting to change the type of lights they are going to have in the parking lot. It appears that they have designed this action to take place when the majority of our homeowners are not here in hopes of getting the change with little or no opposition. Our attorney requested a continuance, so the Lighting Consultant we have hired would have ample time to appraise the situation , but it was denied. They said we had thirty days before the Council meeting and that should be enough time for the work to be completed. In the first place we only had twenty days from the date of the hearing hearing. It is doubtful that the work can be completed in that length of time considering it took much longer for their consultant to do the initial planning. The proposed change is extremely important to all of us. Instead of them having the 5.5 foot Bollard lights that we, nor anyone passing by on Washington, could see, they are proposing 18 foot high "Parking Lot Lights". There will be over 100 of them. in short, it will look like a "Pole Farm". It will be ugly! This will probably have an adverse effect on our property values. There are other ways to accomplish their goals, but they probably will not offer the Arts Foundation the desired cost savings. Their position is that this is a life safety issue and that is one of the reasons why "THEIR" lighting consultant brought this to the attention of the City. Please keep in mind that if they prevail in this matter, there is a good chance that other issues will follow. This could be just the beginning of them changing many things that have they have already agreed on and you can bet it will not be in our best interests. We need as many people as possible to attend the Council meeting and let them know our feelings. This is no time to just sit back and let your neighbor do the worrying. We all need to do our part If you cannot attend, please write Ron Perkins and let him know your position. We ask all concerned Homeowners make their position heard. Please attend the meeting on 9118101, contact City Council Members or write the City Council. John Strong Board President 623 FROM : THE MAIL STOP C540-48E-1204 PHONE NO. : 1 541 488 1255 SEP. 14 2001 02: 15Ph1 P2 SE'PTEMBrR 13, ,2001 CITY OF LA QUINTA CITY COUNCIL 78-495 CALLE TAMPICO LA QUINTA, CA 92253 RF- ' SPECIFIC PLAN ,200OL042, AME'NDmENT # i (LA QuiNTA ARTS FOUNDA TION) DEAR CITY COUNCIL: MY 14USBAND AND I OWN PROPERTYAT 48550 VIA EN'CANTO, LAOUNA DE LA PA,Z, LA QUINTA. 1WE.ARERE'SIDF7VTS SE'VE1r MONTHS OF THE YEAR (NOV -- MAY, A1V,D ARE WRMING -MIS LETTER IN STRONG OPPOSITION TO THE POLE' LIGHT FIXTURES PROPOSED A T THE L4 QUINTA A R rq FOUNDA TION, INSTEAD OF THE LESS OBTRUSIVE LIGHTS. WHEN WE FIRST MOVED TO LA QUINTA, THERE WAS MUCH TALK OF KEEPING LIGHTS DOWN, SO WE WOULD STILL. HA VE OUR DE+.SERT" NIGHT sKiES_ PLEASE DO NOT .SETA PF?SC.E"DENT" FOR L.O.SING THEGHARm OF LA QUINTA. THE' DESERT HAS CHANGED SO MUChI IN THE LAST" FE'W DECADES (I WAS A RESIDENT OF PALM SPRINGS 196O~ 1965), AND WE WERE HAPPY TO SE77'LE IN LA QUIN7A BEC1A L ISE WE FEZ T LA QUINTA UNDERSTOOD 7HE IM.PoR7ANCE (30 rH AFS7'HET/CALL Y AND E"CONOMICALL. Y) OF KEEPING OUR TO WN FROM REFLEC rl/SIG THE SPRA WL AND CONFORMITY OF PALM SPRINGS, CA774EDRAL CITY, RANCH MIRAGE, PAL A4 DES,F_'RT AND INDIAN WELLS, THE" HORRIaLL' EYESORE OF THELOOMING LIGHT POLES OF THE TENNIS COUR7"S DOWN WASHINGTON SHOULD BE A GOOD EXAMPLE' OF HOW OUR ,DESERT SCENERY IS BEING RUINED. PLEASE CAST YOUR VoTEs FOR KE"EMNG LAQUINTA A QUALITY "VILLAGE"AND NOT A REPE4 T OF LOS ANGE'LES 6'.4 FROM : THE ;,lA:L STOP (540-402-1204 PHONE NO. : 1 541 488 1255 SEP. 14 2001 02:15PH P PLEASE CONSIDeR THE PEOPLE WHO LIVE IN LA QUINTA AND L O VE 1 T FOR 17S UNIQUENESS THANK YOU, M RL JAN EAU �.•z�,wa.t� NE/L HALLER P.S. 1 WISH WE COULD BE THEREIN PEf?S50N. OUR OREGQN ALDRESS: T 837 ASHL,4ND MINE R0,40 ASHLAND, OR 97520 (541) 4i 828384 E-MAIL.*JANDREAUMPAOL. COIN 625 Sep 13 01 11:40a LOCKHEED MARTIN CHINALAKE 760-371-1079 p.3 48-639 Vista Tierra La Quinta, CA September 12,2001 Councilman Ron Perkins: Dear Mr. Perkins, As a Laguna de la Paz property owner, I strongly object to amending the specific plan to allow 18 foot parking tight fixtures instead of the Bollard lighting. The parking light fixtures would be an ugly eyesore and would adversely effect our property values. I feel that the 5.5 Bollard lights would be more aesthetically pleasing to our community. Please vote against Specific Plan 2000-042, Amendment 41. Thank you for your attention in thus matter. Sincerely, Eileen Cannody Polak 626 09-13-01 - 10:00 RECEIVED FROM:760 371 1079 P.03 FROM FAX NO. September 15, 2001 Stanley Sniff Councilamenaber City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: Specific Plan 2000-042, Amendment # 1 Dear Stanley: We do not want 18 foot high parking lot lights next door to our hone. The church next door to The Arts Foundation does not have IS foot lights and they must have met the City's lighting standards. Two nights ago we had dinner in downtown La Quinta at Ciro's and the city doesn't even Dave 18 foot parking lot lights, in fact no lights were on! We cannot buckle on this issue or the changes will never end. We may as well have a used car lot next door, at least they would not have "events" planned ahnost every day of the year. Please do not allow The Foundation to destroy the ambiance of our neighborhood. Sincerely, June & Charles Pariano 48-114 Vista Cielo La Quinta, CA 92253 627 @9-17-61 16:54 RECEIVED FROM: p.02 -35 E-176 Po1 SEP 14 101 17j: Tirso Deb urns Jr., M.D. GenerallVascular Surgery September 14, 2001 La Quinta City Mall Council Chambers 78-495 CaUe Tampico La Quinta, California 1 760 777 7101 Re: La Quinta Arts Foundation Specific Plan 2000-042 Amendment 41 Dear Sirs: CG : /' t1A01 CM CCw� As an owner in the Laguna de la Paz corinmunity, we are writing to express our opposition to the amendment proposed for discussion on September 18, 2001 at 7:00pm.. The installation of 100 -18 foot parking lot lights, will not only be unsightly, but will greatly effect the ambience of homeowner properties directly adjacent to the intended new facility. It is difficult t4 have a planned commercial structure next to a residential community, however we feel consideration should be given to aesthetics and property values of existing developments. We urge you to vote against this amendment, and require the Arts Foundation to fmd an alternative lighting solution that will be functional and acceptable to the neighbouring communities. ;.irso Dr. del Junco Jr. 48-215 Vista de Nopal La Quhita, CA 16005 Valley Wood Road Sherman Oaks, Ca 91402 1500 South Central Avenue, Suite 214 * Glendale, Califdmia 91204 • (818) 956-3391 628 09-14-01 12:30 RECEIVED FROM: P-01 Wanda Wise -Latta - Plan Amendment, La Quinta Arts Foundation Page 1 AP From: <JIMILLERMG@aol.com> To: LQCity.lgcc(wlatta) v NA6 Date: Fri, Sep 14, 2001 10:31 AM Subject: Plan Amendment, La Quinta Arts Foundation AGE As a nearby resident (48514 Via Encanto..Laguna de la Paz) I strongly oppose the Arts Foundation request to alter its plans with the addition of 5.5 foot Bollard lights. Dr) The Foundation itself is a welcome new neighbor but a "pole farm" at the �cv*- gateway to all of La Quinta creates a year-round eyesore to our whole community. Let the original plan stand. James L. Miller 626 September 18, 2001 Received phone call from Bill Bobb, 48613 Paseo Terrazo, La Quinta, who is out of town and unable to attend today's meeting. Stated he and Sandra Bobb were strongly opposed to new lighting proposal by the La Quinta Arts Foundation. Requests final hearing on this item be in October or November when more residents have returned. 630 Avoid Light Glare Page 1 of 2 A lay you ?JbA-Q 0� eLights.com is deeply saddened by the tragedies of Sept. 11th. We extend our symppaath esa Idl condolences to all those affected. We urge you to make a donation! OW -A .com . • �� ligi��g �I�:��l�r� riEcail Count ct*n Ock eIti�: for, qootesr spe" ials & more Ore Search ... "3'' xsn �� :.• : pie �.' ` I��t� :: ��. �� erac ::'ov ........................ . hh\ :.:. Eliminate Annoying Glare Reprinted with permission from RAB Electric MFG, Inc. What is glare? While there is no easy quantitative measure, but we all know glare when we see it. When you look directly at a lighting fixture lamp, that fixture will create glare. When our eyes see a very bright light source, they adapt to it by "stopping down" to a smaller opening. This makes it very difficult to see anything that is less brightly lit. We are effectively "blinded" by the glare. When driving, we may be unable to read signs, see the road or other hazards ahead. When walking, it may be difficult to see the sidewalk. Drive past a brightly lit fast food restaurant or gas station and the glare makes it hard to see the road ahead. Especially if you are over 40, your eyes take a few minutes to readjust from being blinded by the light. Hopefully, you can see the road and traffic ahead well enough to drive safely while you are dealing with the glare. eLights stocks a wide selection of environmentally friendly Floodlights, Path Lights, Cutoff Wallpacks, and Motion Activated Lighting. These high quality outdoor lighting fixtures help you aim light where you need it for safety, security, and Loo xti: Dar Lig It indicates products s designed to minimize li trespass and light poll : ok.r: lire for Dark Sk =ixture—s. Choose from a wide Dark Sky Lighting motion senso .. Incandescent Path lights http://www.elights.com/glare.htmi 9/18101 Sky and Telescope -- SkyWise: September 2001 Page 1 of I Return to SkvWise home page S" -KTUMK* 11 Home I ,Sky & Telescope I S&T Store C 2001 Sky Publishing Corp. All rights reserved. Please read our c0pyjght and �enui-ssjons ix)jjc�. http://www.skypub-com/tips/skywise/0I09skywise.html Lighting - SiteLighting.com - Gardco Lighting - Emco Lighting Pagel of 3 Tech Talk Essential Factors of Area Lighting Glossary Glare Control and Uniformity I LightingL Outdoor lighting has a number of functions. Primarily, it must promise immediate good vision and orientation so that an area is usable and safe at night. By means of placement and intensity, lighting is also used to guide pedestrian and vehicular movement and highlight areas where traffic conflicts. In addition to these basic, utilitarian functions, lighting is also used for architectural emphasis and effect. to attract business, and to give a site a particular "personality"; But all area lighting, whatever its immediate function, has the ultimate purpose of providing visibility, which is a different, more subtle, more complex concept than mere illumination. Good visibility is achieved through the interaction of intensity, direction, and reflection of light so that an observer can immediately translate received light into terms of shapes, surfaces, distance and movement. Visibility, then, is a function of quality of light, and quality lighting is achieved only when many factors are brought into balance. Glare Control The factor most destructive to lighting performance is glare. Simply stated, glare is bright direct light from an unshielded source. At night, the human eye is drawn to the most luminous element in its field of vision. Uncontrolled, glare is distracting, causes discomfort to the viewer, and adversely affects visibility. Glare entering the eyes causes them to constrict and impairs one's ability to respond to outdoor light levels. Two forms of glare are recognized. The most obvious form, discomfort glare, causes us to avert our eyes from its source. The effects of discomfort glare are mainly psychological; i.e, a feeling of discomfiture, increasing irritation, and tiredness. The second type of glare, disability glare, results in reduced visual performance and visibility. Both types of glare are potentially dangerous and influence traffic safety. If one is consciously aware of the fixed overhead lighting, he is in all probability suffering the adverse effects of both discomfort and disability glare. There was a time when ' 'the brighter the better" was a working rule of outdoor lighting, and glare was associated with performance, even though it actually reduced visibility and could be a neighborhood nuisance. If nothing else, glare is wasteful, indicating that light is being distributed at useless angles. As a result, the economy factor has been added to those of safety and comfort. In 1969, the introduction of Gardco's sharp cutoff luminaire virtually eliminated http://www.sitelighting.com/tt-essential.cfm 9/18/0 Lighting - SiteLighting.com - Gardco Lighting - Emco Lighting Page 2 of 3 disabling glare at normal viewing angles. Removing glare from outdoor illumination by means of sharp cutoff luminaires was an important step in the improvement of lighting performance, but it was only a first step. Back to Top Uniformity of Pavement Luminance The essence of a good outdoor lighting job lies in the uniformity of the pavement luminance. Uniformity of appearance free from annoying light and dark areas allows the eye to quickly survey and identify elements in the visual field. Equal footcandles do not produce uniformity of pavement luminance and economically are counter productive. Traditionally the levels of illumination were stated in terms of average footcandles falling on the pavement. This has been shown to be inadequate and misleading. For example, a spotlight directed vertically down on a stage might illuminate 10 square feet out of a total area of 200 square feet, to say, a level of 20 footcandles. By the average footcandle method of calculation, the stage would have an average illumination of I footcandle, when outside the lighted area, there is almost no measurable light. This exaggerated example demonstrates the dangerous flaw in designing with average illumination levels. Dramatic lighting belongs on stage, not in a parking lot. All too often this flawed concept is included in lighting requirements as the ratio of average illumination to minimum illumination at any point on the pavement. The recommended average to minimum ratio for roadways is 3:1 and parking lots is 4:1. While it is possible to calculate average illumination levels, there is no practical means to field measure the results. The average to minimum calculation still allows hot spots, dark spots and streaks on the pavement. all of which reduce visibility. Gardco Lighting, however, has always held the position that the only reliable measure of uniformity is the ratio between the maximum and minimum illumination on the pavement. Uniformity ratios of between 101 and 15:1 are considered optimum, and appear very uniform. Illumination levels are still very important, especially the minimum level that can be tolerated in an installation. Illuminances are readily calculated and measured and should be an integral part of lighting specifications. Glare control and uniformity of pavement luminance. These are the essential factors of lighting quality. Back to Top home - photometrics - literature - sales representatives - tech talk - ag rdco - emco - sites vvip club - rep net Gardco Lighting , 2661 Alvarado Street, San Leandro, CA 9457: http://www.sitelighting.com/tt-essential.cfm 9/18/01 ,.Table.. Contents Performance Features 2' . Mechanical Qesign, Installafion an_d Maintenance Ordering Information 4 'Specifications _ 6 Optical System Features 7-8 Lamp and EJectr'icd Guide 9 Application Engineering Services � .9 MAILING ADDRESS: P.O. BOX 60080 CITY OF INDUSTRY, CA 91716-0080 BUSINESS ADDRESS: 16555 EAST GALE AVENUE CITY OF INDUSTRY, CA 91745 U.S.A. PHONE 626 / 968-5666 FAX 626 / 369 - 2695 ENTIRE CONTENTS O COPYRIGHT 2000 KIM LIGHTING. INC. ALL RIGHTS RESERVED REPRODUCTION IN WHOLE OR IN PAR, ,M THOUT PERMISSION IS STRICTLY PROHIBITED. PATENTS PENDING www.kimlighting.com `VLss,� • • * o O t �' r i RvA Council ° • 3 i ♦ for Accreditation Audited to ISO 9001 Standards Printed in U.S.A. 5505700273 Version 9/00 Gem`" 11DOW M •�►. �'r�v��S Superior Performa ce Bollards Gem' The Gem Bollard is designed to be a instant classic. The conical prismatic lens p ovides superior performance, with a uniq lens presence, while controlling unwanted bri liance. A high lamp placement, combined with a ydro- formed reflector and precision molded glass lens directs light down, onto the path, without producing lens "dazzle" which can be uncomfortable. This results in a bollard that has a definite night-time presence, that is also handsome in the light of day. GEM1 GEM1C Aluminum Shaft Concrete Shaft 32 watt Compact Fluorescent 32 watt Compact Fluorescent 70 - 100 watt H.I.D. 70 - 100 watt H.I.D. The Optical Louver U.S. Patent 4,231,080 Peak Candlepower Is very high due to colleCtive action of precision 2-sided reflectors. High Performance High Visibility Low Glare One of the highest performing compact optical systems ever designed Reflective Louver Function Function Illustration for 70 watt High Pressure Sodium lamp in 8" round bollard. %veR aj above 900 "r'zo ►tW WeN 1.0fc .25fc 1.0fc 0' Performance Features Gem'" Performance vs. Louvered Bollards Gem' Bollard The Gem is designed to produce high levels of illuminance and an attractive lens presence. The visible lens produces a point of interest and attracts attention. Particularly well suited where bollards are used to identify and highlight entries or important walkways. Clear lamp placed high in the optical system Placement of the lamp high in the optical system places the arc -tube above the horizontal illuminance plane. This reduces refractor brightness while increasing luminaire efficiency in the desired luminous zone at 600 from vertical. Hydro -formed Reflector Hydro -formed reflector redirects light down onto pathways, away from viewers' eyes. Special design features direct light around the lamp to increase illuminance while eliminating streaks and shadows in the beam pattern. Fluted Glass Refractor Precision molded tempered glass refractor spreads light evenly in the beam pattern and eliminates shadows from the luminaire's support structure. Stepped Body Baffle The stepped design of the lower body reduces surface brightness and provides an attractive texture. Die-cast construction produces sharp detailing. Split Beam Optics Reflector design redirects light away from the lamp and into the useable beam pattern. This provides high illuminance, without unnecessary brightness. The optical system is sealed top and bottom to eliminate the intrusion of dirt and insects. Shadow -less Lighting Working in tandem with the upper reflector, the refractor. spreads illuminance laterally. This produces a smooth and even beam pattern with no shadows from the fixture's structural elements. Louvered Bollards (VRB and VSB) Louvered bollards produce minimal brightness, wide low-level illumination, and incorporate an optical system protected by heavy cast louvers. The robust louvered bodies are well suited to vandal prone areas, and where fixture brightness is undesirable. Optical System Features H.I.D. GEM1 Luminaire Typical Half Wattage Lam p Initial Lumens Initial Horizontal Footcandles for A 70W. HPS E-17 Medium Base, Clear 6300 42'/2' Bollard B 100W. HPS E-17 Medium Base, Clear 9500 (37'h' Light Center) C 70W. MH ED-17 Medium Base, Clear 6200 D 100W. MH ED-17 Medium Base, Clear 8100 Ll (:Pf-I-T ),-310*114 c [ATT TYPICAL CANDLEPOWER DISTRIBUTION CURVE FOR 100 MH A I B I C I D 15.1 6.4 1.9 0.6 0.2 0.1 ' 23.6 9.6 2.9 0.9 0.4 0.2 13.4 5.4 1.7 0.5 0.2 0.1 22.4 9.1 2.8 0.9 0.3 0.2 GEM1 Luminaire with Houseside Shield Typical Half Wattage Lamp Initial Lumens Initial Horizontal Footcandles for A 70W. HPS E-17 Medium Base, Clear 6300 42'h' Bollard B 100W. HPS E-17 Medium Base, Clear 9500 (37'h' Light Center) C 70W. MH ED-17 Medium Base, Clear 6200 D 100W. MH ED-17 Medium Base, Clear 8100 TYPICAL CANDLEPOWER DISTRIBUTION CURVE FOR 100 WATT MI 5 F WR I ,50° PATH SIDE HOUSE SIDE A I B I C I D 6.7 2.1 0.7 0.3 0.1 10.2 3.1 1.0 0.4 0.2 5.8 1.8 0.6 0.2 0.1 9.6 2.9 0.9 0.4 0.2 MEMMEME MENEM 1 0 0- 1- 00"-" 1 Sh. - 0 0 0 I k I qh, , Wh E, 0 0 I b N, 2 L' I M, 0 ffiMbll W10,61, 1, Ll Ek 0 10 alk a, a WE !si NE1,111killNOMENSM I■ NEWSOME , NEENNOM NE.M421AFMAIMM NE�=CEMMEMMM LUIVIIIImInc w1mcmalUma ARM MOUNT WALL MOUNT .7, POST TOP YOKE MOUNT D EC#&/[)E-rA ECAIDEMA DECT A 14" W 18" 23" B 7" 10" 12" 14m C Drop Lens 2" 4" 4" 6.511 D Arm Length 6m 9" gr 1211 E Overall with Yoke - 25.5" 27.75n 37.5" F Arm Height 511 5" 90 8" E -PA Single, Flat Lens- 1.1 1.9 2.2 3.6 Singe, Sag Lens 1.2 2.1 2.3 3.9 Twin, Flat Lens 22 3.8 4.3 7.3 Twin, Sag L-81.16 2.3 42 4.7 7.8 Quad, Rat Lens 2.8 4.8 5.6 8.8 Quad, Sag Lem 3.6 5.6 6.1 9.5 Single, Flat Lens 2.2 2.5 3.6 Single, Sag Lens 2.4 2.7 3.9 RE Arm Mount Rat Glass 30 50 82 90 Post top Mount Flat Glass - 55 67 100 Arm Mourn Sag Glass 32 52 84 94 Post top Mount Sag Glass - 57 89 104 WALL MOUNT WITH ARM I F I 09/18/21M 1b:'15 bbbbbbl7E7l7bt7 bent by: GAAOCO LIGHTING APPS; 1 610 357 4862; SOP-18-01 9:56AM; Page 3 PHOTOMETRIC FILENAME: ECQH15H:1ES CANDELA TABULATION 0 5 15 25 35 45 55 65 75 85 0 152 152 152 152 152 152^ 152-- 152 152 152 5 10 148.1 142.9 147.8 142.4 148.1 143.4 148-1 149.2 149.7 150.2 150.7 161.2 151.2 143.9 145.5 146.5 147.0 148.1 140.2 149.2 15 139.8 139.8 140.3 140.3 141.9 142.9 144. 5 148. 5 149.6 149.7 20 136.6 130.1 137.2 137.7 138.7 140.8 142.9 146.5 149.2 151.8 25 132.5 132.5 134 135.6 137.2 140.8 144.5 150.7 154.9 160.6 30 127.2 127.8 129,9 135.1 141.9 148.8 154.9 165.8 172.8 180.4 35 121 120.5 125.7 137.7 161.1 188.3 188.3 192.4 203.9 221.1 40 117.9 118.9 130.4 173.1 197.1 234.2 218.5 232.6 229.6 244.6 42.5 118.9 120.5 139.2 188.8 209.1 241.5 222.7 238.3 231 248.2 43 131 A 13315 154.9 206.5 219.6 236.5 217.5 238.2 226.3 2561 47.5 162.3 151.2 172.1 213.8 221.1 223.7 206.5 237.8 2254 257.1 50 167.9 158.5 188.E 195.6 206 207.6 185.7 231 207 ,6 243 52.5 167.9 157.6 178 A 183.1 190.4 201.8 172.1 218:5 192.4 240.4 55 170 162.2 1622 157.5 171.6 263.9 230.5 216.9 176.2 256.6 57.5 157.5 152.3 151.0 131.4 169 308.7 308.7 220.E 163.8 267 60 121 108.5 142.9 124.6 206.5 330.6 298.8 204.4 179.9 268.6 62.5 86.6 78.2 117.3 116.3 201.3 354.1 292.6 193.5 171.6 244.6 55 62.2 49.5 86 96.6 155.9 327 299.3 171.6 142A 185.7 67.5 28.2 28.2 59.5 59.6 114.7 316 252.4 103.3 60.5 121.5 70 13.6 16.7 41.2 16.7 66.2 205 140.3 81 51.1 58.9 72.5 7.3 7.3 10.3 12.5 34.4 95.4 61 17.7 25.6 20.9 75 5.2 5.2 7.3 5.3 22.4 38.4 34.4 6.3 9.9 12 77.6 5.2 3.1 4.2 5.7 13 23.6 17.2 4.7 5.2 a.7 80 2.1 3.1 2.1 2.6 5.2 10.4 4.7 3.1 3.1 3.1 82.5 2.1 1.6 1 1.8 2.1 2.6 2A 2.1 2.1 2.1 86 1 1 1 1 1 1 1 1 87.5 NO --� go 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 g0 95 108 V 5 125 135 145 155 165 175 0 152 162 152 152 152 152 152 152 152 162 5 151.8 151.E 151.8 161.8 151.8 1512 151.2 150.7 151.2 150.2 10 149.7 149.7 149.7 149.7 149.2 147.E 147.6 146 146 146 15 149.7 149.7 148.6 147.6 145.5 143.4 142.4 140.8 139.8 138.7 20 151.8 152.3 150.7 147.e 144.5 140.8 138.2 136.1 134.6 133 25 159.6 180.6 156.5 151.8 145 140.3 136.1 132.5 130.4 128.8 30 177.3 177.8 109 161.1 151.2 147.6 139.8 130.4 127.8 124.1 35 218.5 217.5 195.6 180.4 171.1 182.5 157 137.7 124.1 118.4 40 252.4 267.8 226.9 210.2 195 217.5 187.7 160.6 132.5 113.7 42.5 261.3 269.6 240.9 228.4 211.7 230 200.8 175.3 140.8 110 45 274.6 275.9 241.5 240.4 226.9 238.3 218.5 189.3 153.3 109.5 47.5 273.8 272.2 228.4 23A.2 220.8 2201 220.1 202.9 107.9 114.7 50 266.4 253.5 203.9 225.8 195.6 198.6 197.7 191.4 179.4 122.6 52.5 254 235.7 186.7 213.8 177.8 183.1 1 T6.3 164.3 161.7 118.9 55 285.8 261.3 180.4 197.7 209.1 24e.2 174.7 146.6 148.6 120.5 57.5 292.6 205.4 235.3 193.5 248.2 312.4 202.9 131.9 148.6 126.7 Photon+rF$&'?odb*x (C) copyright ?M-190e by Liph6np Anasyasa, inc. CAlWotlons ba"d on PubiithW IE5 matrwds and room, menuaeona. Rosuft dwiv ham content or manvtackawn IES Ibn of phcWffwt ip f►la. Page 2 AAAAAA ? AAA 11Nta HAUL U2 510 357 4852; Sep-18-01 9:5GAM; Pa9 $ 4 PHOTOMETRIC FILENAW : FCQH15Fi.1eS CANONLA TABULATl4N (Cont) 60 62.5 295.7 260.8 270.7 244.1 235.2 187.7 183.6 171.6 257,6 348.9 241.5 130.9 139.8 110 65 67.5 2142 139.8 208.1 161.1 190.1 246.7 245.6 403,1 393.2 250.0 240.4 139.8 119.4 87.1 70 67.8 129.9 63.2 87.1 69.9 92.8 48 220.1 377.6 202.3 177.8 88.1 93.4 62.6 82.1 31.8 72.5 18.3 18.7 27.6 18.3 129,9 63.1 284.2 134.6 23.5 35.5 15.6 75 77.5 10A 5.2 9.4 12.5 8.3 28.1 137. T 63.6 66.7 38.6 13 7.5 16.7 7.8 e0 3.1 4.7 2.6 5.2 4•2 5.2 3.1 14.1 29.7 2a.5 5.2 6.3 4,2 4.7 3.T $2.5 2.8 2.1 3.1 2.1 4.2 2.1 7.8 2.6 4.7 3.1 2.8 2.1 85 87.5 1.6 1 1.6 1.6 1 1'1 2.1 2.i 2.1 Na --� 90 0 1 0 1 0 1 1 1 UbPf-� 0 0 0 0 0 0 180 0 152+ 5 151.2 10 146 15 138.7 20 133.5 25 129.3 30 124.1 35 117.9 40 111.6 42.5 108.5 45 106.4 47.5 111.E 50 126.2 52.5 132.5 55 132.5 57.5 145 60 137.7 62.5 108.5 65 70.9 67.5 39.6 70 14.6 72.6 7.3 75 5.2 77.5 3.1 80 2.1 82.5 2.1 85 1 $7.6 1 m O 90 0 L-6H PnOtorlMrio'roolbft (c) OWYftht 1995-19M by L.igh*V Analysig, jM C2IwI6110(ts based on published IES rmW*0j WW recornrrtsnditiorrs. Results Oedv" from content of manufacturers IES format phototnnil c r". Page 3 DE ETA SERIES SK Catalog No. Wattage - A _ B SKA SKB 150 175 8 12 42 42 LAMPS: OPTIONAL FINISHES: MV -Mercury Vapor DBE - Dark Bronze MH - Metal Halide BLE - Black HPS - High Pressure Sodium GYE - :Pewter VOLTAGE: 120 - 208 - 240 SPECIFICATIONS LUMINAIRE ... shall be a heavy gauge extruded aluminum tubing with a cast aluminum dome and louvers. LENS ... shall be a clear screw type cylinder glass, gasketed for weather tight performance. BALLAST ... shall be either Mercury Vapor, Metal Halide or High Pressure Sodium HPF core and coil ballast. MOUNTING STAND ... shall be die formed with a heavy duty porcelain socket, ballast and anchor base. FINISH ... shall be a high solid polyurethane Medium Bronze finish. Rated 1000 hour salt spray test (ASTM B-177). U.L.... all electrical components shall be U.L. listed, suitable for wet location. L._T-/n&, LIGHTING SYSTEMS, INC. 1� C2A IV 47,; Southwest Church lighting with Stadium in background a17 Tennis Stadium Palm Springs Park 18'pole lighting with Ball Field Lighting Behind • r t , y� 2 s- r FA w Y `�. "¥^mv, sew.,` •z t> , i South Parking Lot Desert Chapel 20' pole lights nizrp -K, � � � ^s �`% 2z , "� .3s,�„�` r ,, �*� : � � � i ;� •'�"$�z�.: t a,� t a,. �,a�. Ott v �, t �"i-. .;, vc .� .�� xv..� � � � Y v s. ` r��7r .t.. c'`s ...,3`ra � •gr 1 s. e � �-,..�.e;-,ae� �4�,"�""`'",�� '�-.��r<.� �?. � �%-�'�h"s :. -. r� , ts- � Sr � ��._ y, ,,�i � � � -<" "�.,�, � �• '-s 3i '..r^.-;..h=.. 41 50 70 n'.*r Qw r E a Y - 1 j 1 — e. Y t a� ut w� CER_,�*- o 1SO METER or �— t 50•FOOT \\'ZG \ 0 \ \ r Figure H1. Relationship between candelas, lumens, lux and footcandles. A uniform point source (luminous intensity or candlepower = one candela) is shown at the center of a sphere of one meter or one foot radius. It is assumed that the sphere surface has zero reflectance. The illuminance at any point on the sphere is one lux (one lumen per square meter) when the radius is one - meter, or one footcandle (one lumen per square foot) when the radius is one foot. The solid angle subtended by the area, A, B, C, D is one steradian. The flux density is therefore one lumen per steradian, which corresponds to a luminous inten- sity of one candela, as originally assumed. The sphere has a total area of 12.57 (4n) square meters or square feet, and there is a luminous flux of one lumen falling on each square meter or square foot. Thus the source provides a total of 12.57 lumens. in candelas. It is no indication of the total light output. candlepower. distribution curve: a curve, gen- erally polar, representing the -variation of luminous intensity of a lamp or luminaire in a'plane through the light center. Note: a vertical candlepower distribution curve is obtained by taking measurements at various angles of elevation in a vertical plane. through the light center; unless the plane is specified, the vertical curve is assumed to represent an average such as would be obtained by rotating the lamp or luminaire about its vertical axis. A horizontal candlepower distribution curve represents measurements made at various angles of azimuth in a horizontal plane through the light center. central (foveal) vision: the seeing of objects in the central or foveal part of the visual field, ap- proximately two degrees in diameter. It permits seeing much finer detail than does peripheral vi- sion. coefficient of utilization, CU: the ratio of the luminous flux (lumens) from a luminaire received on the surface of the roadway to the lumens emitted by the luminaire's lamp(s) alone. contrast sensitivity: the ability to detect the presence of luminance differences. Quantitatively, it is equal to the reciprocal of the contrast threshold. contrast: see luminance contrast. contrast threshold: the minimal petceptible contrast for a given state of adaptation of the eye. It also is defined as the luminance contrast detectable during some specific fraction of the times it is pre- sented to an observer, usually 50 percent. diffuse reflectance: the ratio of the flux leaving a surface or medium by diffuse reflection to the in- cident flux. diffuser: a device to redirect or scatter the light from a source, primarily by the process of diffuse transmission. erect g are: glare resulting fr7high luminances or insufficiently shielded light sothe field of view or from reflecting areas ofminance. Itusually is associated with brighsuch as lu- minaires, that are outside the vsk or region being viewed. irectional reflectance coefficient: The re- flectance in a particular direction for incident ray leaving a direction of incidence defined by angles a and •y (see Fig. B1). Also, called bidirectional re- lectance-distribution unction disability glare: glare resulting in reduced visual performance and visibility. It often is accompanied by discomfort. See veilingluminance. iscomfort g are: glare pro ucing discomfort. It does not necessarily interfere with visual perfor- mance or visibilit .....-equivalent, luminous intensity (of an extended source at a specified distance): the intensity of a point source which would produce the same illumi- nance at that distance. Formerly, apparent luminous intensity of an extended source. fluorescent lamp:'a low-pressure mercury elec- tric -discharge lamp in which a fluorescing coating (phosphor) transforms some of the ultraviolet energy generated by the discharge into light. footcandle, fc: the unit of iluminance when the foot is taken as the unit of length. It is the illumi- nance on a surface one square foot in area on which there is a uniformly distributed flux of one lumen, or the illuminance produced on a surface all points of which are at a distance of one foot from a direction- ally uniform point source of one candela. footlambert, fL: a unit of luminance (photometric brightness) equal to 1/7r candela per square foot, or to the uniform luminance of a perfectly diffusing surface emitting or reflecting light at the rate of one lumen per square foot, or to the average luminance of any surface emitting or reflecting light at that rate. Use of this unit is deprecated glare: the sensation7produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility. See blinding glare, direct glare, dis- ability glare, discomfort glare. Note: the magnitude of the sensation of glare depends upon such factors as the size, position and luminance of a source, the number of sources, and the luminance to which the eyes are a a Led. g intensity isc arge ) lamp: an electric C"%*44 discharge lamp in which the light producing arc is stabilized by wall temperature, and the arc tube hast� 46 mercury lamp: a high intensity discharge (HID) lamp in which the major portion of the light is pro- duced by radiation from mercury operating at a partial pressure in excess of 1.013 X 105 Pa (1 atmo- sphere). Includes clear, phosphor -coated (mercury - fluorescent), and self -ballasted lamps. metal halide lamp: a high intensity discharge (HID) lamp in which the major portion of the light is produced by radiation of metal halides and their products of dissociation —possibly in combination with metallic vapors such as mercury. Includes clear and phosphor coated lamps. mounting height, MH: the vertical distance be- tween the roadway surface and the center of the ap- parent light source of the luminaire. overhang: the distance between a vertical line passing through the luminaire and the curb or edge of the travelled roadway. photometric brightness: a term formerly used for luminance. point of fixation: a point or object in the visual field at which the eyes look and upon which they are focused. primary line of sight: the line connecting the point of observation and the point of fixation. r-table: a table for a particular pavement type which provides reduced luminance coefficients in terms of the variable 0 and tan-y, as defined by Fig. B1. rapid start fluorescent lamp: a fluorescent lamp designed for operation with a ballast that provides a low -voltage winding for preheating the electrodes and initiating the arc without a starting switch or the application of high voltage. reaction time: the interval between the beginning of a stimulus and the beginning of the response of -an observer. reduced luminance coefficient, r: the value at a point on the pavement defined by angles a and 7 (see Fig. Bi) which, when multiplied by the appro- priate luminous intensity from a luminaire and di- vided by the square of the mounting height, will yield the pavement luminance at that point produced by the luminaire. reference line: either of two radial lines where the surface of the cone of maximum candlepower is in- tersected by a vertical plane parallel to the curb line and passing through the light center of the lumi- naire. reflectance of a surface or medium: the ratio of the reflected flux to the incident flux. Note: measured values of reflectance depend upon the angles of incidence and view, and on the spectral character of the incident flux. Because of this dependence, the angles of incidence and view, and the spectral characteristics of the source should be specified. reflector: a device used to redirect the luminous flux from a source by the process of reflection. refractor: a device used to redirect the luminous flux from a source, primarily by the process of re- fraction. regular (specular) reflectance: the ratio of the flux leaving a surface or medium by regular (specu- lar) reflection to the incident flux. setback: the lateral offset of the pole from face of curb or edge of travelled way. shielding angle (of a luminaire): the angle be- tween a horizontal line through the light center and the line of sight at which the bare source first be- comes visible. spacing: the distance between successive lumi- naires measured along the center line of the street. See Fig. B2 and also see luminaire cycle. spacing-to-mountingleight ratio, S/MH: the ratio of the distance between luminaire centers to the mounting height above the roadway. subjective brightness: the subjective attribute of any light sensation giving rise to the perception of luminous intensity, including the whole scale of qualities of being bright,' light, brilliant, dim, or dark. Note: the term brightness often is used when referring to the measurable "luminance." While the context usually makes it clear as to which meaning - is intended, the preferable term for the photometric quantity is luminance, thus reserving brightness for the subjective• sensation. transverse roadway line, TR.L: may be any line across the roadway that is perpendicular to the curb line. tungsten -halogen lamp: a gas filled tungsten incandescent lamp containing a certain proportion of halogens. Note: the tungsten -iodine lamp (UK) and quartz -iodine lamp (USA) belong to this category. utilization efficiency: a plot of the quantity of light falling on a horizontal plane both in front of and behind the luminaire. It shows only the percent of bare lamp lumens which fall on the horizontal sur- face, and is plotted as a ratio of width of area to mountin hei ht of the luminaire. veiling luminance: a uminance superimposed on the retinal image which reduces its contrast. It is this veiling effect produced by bright sources or areas in the visual field that results in decreased visual per-' formance and visibilit . g reflection: regular reflections superim- posed upon diffuse reflections from an object that partially or totally obscure the details to be seen by reducing the contrast. This sometimes is called re- flected glare. visibility: the quality or state of being perceivable by the eye. In many outdoor applications, visibility is defined in terms of the distance at which an object can be just perceived by the eye. In indoor applica- tions it usually is defined in terms of the contrast or size of a standard test object, observed under stan- dardized view -conditions, having the same threshold as the given object. visibility index, VE a measure closely related to visibility level used in connection with road lighting applications. visibility level, VL: a contrast multiplier to be applied to the visibility reference function or provide the luminance contrastyrequired at different levels of task background luminance to achieve visibility for specified conditions relating to the task and ob- 49