2002 05 21 RDAT4ht 4 4 Qum&
Redevelopment Agency Agendas are
available on the City s Web Page
@ www.la-quinta.org
Redevelopment Agency
Agenda
CITY COUNCIL CHAMBER
78-495 Calle Tampico
La Quinta, California 92253
Regular Meeting
Tuesday, May 21, 2002 - 2:00 P.M.
Beginning Res. No. RA 2002-11
CALL TO ORDER
Roll Call:
Board Members: Adolph, Pena, Perkins, Sniff, Chairperson Henderson
II. PUBLIC COMMENT
At this time, members of the public may address the Redevelopment Agency on any
matter not listed on the agenda. Please complete a "request to speak" form and limit
your comments to three minutes. Please watch the timing device on the podium.
III. CLOSED SESSION
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 LOCATED
SOUTHEAST OF THE MILES AVENUE AND WASHINGTON STREET INTERSECTION AND
NORTH OF THE WHITEWATER CHANNEL (APNs 604-040-012/013 AND 604-040-
022/023). PROPERTY OWNER/NEGOTIATOR: DANNY BROWN, BISON HOTEL GROUP;
SHASHI ENGINEER; LOUIS STRAUSS, LOUIS STRAUSS AND ASSOCIATES; AND RICK
WILKERSON, MADISON DEVELOPMENT.
2. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR JERRY HERMAN,
PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL
TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY
LOCATED AT THE NORTHEAST CORNER OF AVENUE 48 AND ADAMS STREET (APN
649-030-069). NEGOTIATOR: HAL LYNCH, RGC.
NOTE: Time permitting, the Redevelopment Agency Board may conduct
Closed Session discussions during the dinner recess. In addition, when the
Agency is considering acquisition of property, persons identified as
negotiating parties are not invited into the Closed Session Meeting.
RDA Agenda
May 21, 2002
RECONVENE AT 3:00 PM
IV. PUBLIC COMMENT
At this time members of the public may address the Agency Board 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 Agency 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 Agency
beginning consideration of that item.
V. CONFIRMATION OF AGENDA
VI. APPROVAL OF MINUTES
1. MINUTES OF THE MEETING OF MAY 7, 2002
VII. CONSENT CALENDAR
Note: Consent Calendar items are considered to be routine in nature and will be approved by
one motion.
1. APPROVAL OF DEMAND REGISTER DATED MAY 21, 2002.
2. TRANSMITTAL OF TREASURER'S REPORT DATED MARCH 31, 2002.
3. TRANSMITTAL OF REVENUE AND EXPENDITURE REPORT FOR MARCH 31, 2002.
4. APPROVAL OF A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY MAKING
CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a)
AND APPROPRIATING FUNDS FOR SIDEWALK IMPROVEMENTS ALONG AVENIDA LA
FONDA AND DESERT CLUB DRIVE.
5. ACCEPTANCE OF ASSESSMENT/SEWER HOOK-UP FEE SUBSIDY PROGRAM, PROJECT
NO. 2001-04, AND AUTHORIZATION FOR THE CITY CLERK TO RECORD A NOTICE OF
COMPLETION.
Vill BUSINESS SESSION
1. CONSIDERATION OF A CONTRACT WITH CONRAD AND ASSOCIATES, LLP, TO
PERFORM AUDIT SERVICES.
A. MINUTE ORDER ACTION
IX. PRESENTATIONS - None
RDA Agenda -2- May 21, 2002
X. STUDY SESSION - None
XI. DEPARTMENT REPORTS
XII. CHAIR AND BOARD MEMBERS' ITEMS
XIII. PUBLIC HEARINGS - None
XIV. ADJOURNMENT - Adjourn to a regularly scheduled Meeting of the Redevelopment Agency to
be held on June 4, 2002, commencing with closed session at 2:00 p.m. and open session at
3:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, CA 92253.
DECLARATION OF POSTING
I, June S. Greek, Secretary of the La Quinta Redevelopment Agency, do hereby declare that the
foregoing agenda for the La Quinta Redevelopment Agency meeting of Tuesday, May 21, 2002, was
posted on the outside entry to the Council Chambers, 78-495 Calle Tampico and on the bulletin board
at the La Quinta Chamber of Commerce and at Stater Bros. 78-630 Highway 1 1 1, on Friday, May 17,
2002.
DATED: May 17, 2002
tJUNE S. AREEK, CIVIC
Agency Secretary, City of La Quin , California
PUBLIC NOTICES
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,
RDA Agenda -3- May 21, 2002
T4ht 4 4Qa&rw
AGENDA CATEGORY:
BUSINESS SESSION
COUNCIURDA MEETING DATE: MAY 21, 2002 /
CONSENT CALENDAR
ITEM TITLE:
Demand Register Dated May 21, 2002
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
STUDY SESSION
PUBLIC HEARING
Receive and File the Demand Register Dated May 21, 2002 of which $5,000.00
represents Redevelopment Agency Expenditures.
PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA
.- Ie1caw.nim L'�
wS
GFM of9 AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: May 21, 2002
CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Transmittal of Treasurer's Report
PUBLIC HEARING:
as of March 31, 2002
RECOMMENDATION:
It is recommended the La Quinta Redevelopment Agency:
Receive and File the Treasurer's Report as of March 31, 2002.
PLEASE SEE BUSINESS SESSION ITEM ON CITY COUNCIL AGENDA
T4ht 4 4 Q"
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: May 21, 2002 CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Transmittal of Revenue and Expenditure PUBLIC HEARING:
Report for March 31, 2002
RECOMMENDATION:
Receive and File
BACKGROUND AND OVERVIEW:
Transmittal of the March 31, 2002 State of Revenue and Expenditures for the La
Quinta Redevelopment Agency.
spectIVlly submi,4ed,
ohrf'M. Falconer! Finance Director
Approved for submission by -
Thomas P. Genovese
City Manager
Attachments 1 : Revenue and Expenditures Report, March 31, 2002
ATTACHMENT 1
LA QUINTA REDEVELOPMENT AGENCY
REVENUE SUMMARY
PROJECT AREA NO. 1:
DEBT SERVICE FUND:
Tax Increment
Allocated Interest
Non Allocated Interest
Interest Advance Proceeds
Transfers In
TOTAL DEBT SERVICE
CAPITAL IMPROVEMENT FUND:
Pooled Cash Allocated Interest
Non Allocated Interest
Litigation Settlement Revenue
Bond Proceeds
Transfers In
TOTAL CAPITAL IMPROVEMENT
LOW/MODERATE TAX FUND:
Tax Increment
Allocated Interest
Non Allocated Interest
Miscellaneous revenue
Non Allocated Interest
LQRP-Rent Revenue
Home Sales Proceeds
Sale of Land
Sewer Subsidy Reimbursements
Rehabilitation Loan Repayments
Transfer In
TOTAL LOW/MOD TAX
LOW/MODERATE BOND FUND:
Allocated Interest
Home Sale Proceeds
Non Allocated Interest
Transfer In
TOTAL LOW/MOD BOND
REMAINING %
BUDGET RECEIVED BUDGET RECEIVED
16,822,503.00
8,659,165.90
8,163,337.10
51.470%
74,192.73
(74,192.73)
0.000%
86,451.01
(86,451.01)
0.000%
446,142.00
0.00
446,142.00
0.000%
10,349,589.00
9,743,485.49
606,103.51
94,140%
27,618,234.00
18,563,295.13
9,054,938.87
67.210%
58,353.62
(58,353.62)
0.000%
125,000.00
521,483.54
(396,483.54)
417.190%
0.00
0.00
0.000%
48,000,000.00
48,000,000.00
0.00
100.000%
0.00
0.00
0.000%
48,125,000.00
48,579,837.16
(454 837.16)
100.950%
4,205,626.00
2,164,791.48
2,040,834.52
51.470%
50,000.00
28,206.01
21,793.99
56.410%
0.00
0.00
0.000%
1.00
(1.00)
0.000%
0.00
0.00
0.000%
341,000.00
193,560.29
147,439.71
56.760%
150,000.00
0.00
150,000.00
0.000%
0.00
0.00
0.000%
35,618.88
(35,618.88)
0.000%
27,467.65
(27,467.65)
0.000%
0.00
0.00
0.000%
4,746,626.00
2,449,645.31
2,296,980.69
51.610%
0.00
0.00
0.000%
0.00
0.00
0.000%
54,759.90
(54,759.90)
0.000%
0.00
0.00
0.000%
0.00
54,759.90
(54,759.90)
0.000%
V 0 1
it�J
LA QUINTA REDEVELOPMENT AGENCY
EXPENDITURE SUMMARY
PROJECT AREA NO, 1:
DEBT SERVICE FUND:
SERVICES
BOND PRINCIPAL
BOND INTEREST
INTEREST CITY ADVANCE
INTEREST - ERAF LOAN
PASS THROUGH PAYMENTS
TRANSFERS OUT
TOTAL DEBT SERVICE
CAPITAL IMPROVEMENT FUND:
PERSONNEL
SERVICES
LAND ACQUISITION
ASSESSMENT DISTRICT
ECONOMIC DEVELOPMENT
CAPITAL - BUILDING
BOND ISSUANCE COSTS
REIMBURSEMENT TO GEN FUND
TRANSFERS OUT
TOTAL CAPITAL IMPROVEMENT
LOW/MODERATE TAX FUND:
PERSONNEL
SERVICES
ASSESSMENT SUBSIDY PROGRAM
UNDERGROUND UTILITY SUBSIDY
BUILDING HORIZONS
LQ RENTAL PROGRAM
LQ HOUSING PROGRAM
LQ REHABILITATION
APARTMENT REHABILITATION
REIMBURSEMENT TO GEN FUND
TRANSFERS OUT
TOTAL LOW/MOD TAX
LOW/MODERATE BOND FUND
PERSONNEL
SERVICES
REIMBURSEMENT TO GEN FUND
HOUSING PROJECTS
TRANSFERS OUT
TOTAL LOW/MOD BOND
07/01/2001-03/31/2002
REMAINING
BUDGET
EXPENDITURES
ENCUMBERED
BUDGET
EXPENDED
249,834.00
280,308.30
0.00
(30,474.30)
112.2%
1,486,277.00
1,486,277.00
0.00
0.00
100.0%
4,623,726.00
4,481,934.00
0.00
141,792.00
96.9%
446,142.00
334,606.50
0.00
111,535.50
75.0%
0.00
0.00
0.00
0.0%
16,759,956.00
13,028,385.96
0.00
3,731,570.04
77.7%
0.00
0.00
0.00
0.0%
23,565,935.00
19,611 511.76
0.00
3,954,423.24
83.2%
10,050.00
4,752.55
0.00
5,297.45
47.3%
241,079.00
77,621.55
0.00
163,457.45
32.2%
0.00
0.00
0.00
0.00
0.0%
0.00
0.00
0.00
0.00
0.0%
339,558.00
32,600.00
0.00
306,958.00
9.6%
0.00
0.00
0.00
0.00
0.0%
1,943,714.00
1,939,725.25
0.00
3,988.75
99.8%
1,085,485.00
814,111.11
0.00
271,373.89
75.0%
14,436,734.00
11,031,074.08
0.00
3,405,659.92
76.4%
18,056,620.00
13,899 884.54
0.00
4,156,735.46
77.0%
10,050.00
4,752.55
0.00
5,297.45
47.3%
239,315.00
156,932.17
0.00
82,382.83
65.6%
445,000.00
90,740.40
0.00
354,259.60
20.4%
71,000.00
0.00
0.00
71,000.00
0.0%
210,000.00
172,700.00
0.00
37,300.00
82.2%
829,000.00
267,131.94
0.00
561,868.06
32.2%
2,785,077.00
2,257,303.00
0.00
527,774.00
81.0%
200,000.00
11,525.50
0.00
188,474.50
5.8%
350,000.00
73,589.42
0.00
276,410.58
21.0%
206,366.00
154,774.44
0.00
51,591.56
75.0%
3,951,649.00
1,130,902.61
0.00
2.820,746.39
28.6%
9,297,457.00
4,320,352.03
0.00
4,977104.97
46.5%
0.00
0.00
0.00
0.0%
0.00
0.00
0.00
0.0%
0.00
0.00
0.00
0.0%
0.00
0.00
0.00
0.0%
832,930.46 133,998.00
0.00
698,932.46
16.1%
832,930.46 133,998.00
0.00
698932.46
16.1%
<1 ! '7
LA QUINTA REDEVELOPMENT AGENCY
REVENUE SUMMARY
PROJECT AREA NO. 2:
DEBT SERVICE FUND:
Tax Increment
Allocated Interest
Non Allocated Interest
Interest Advance Proceeds
Transfer In
TOTAL DEBT SERVICE
CAPITAL IMPROVEMENT FUND:
Allocated Interest
Non Allocated Interest
Developer Agreement
Transfers In
Proceeds from City Loan
TOTAL CAPITAL IMPROVEMENT
LOW/MODERATE TAX FUND:
Tax Increment
Developer Funding
Allocated Interest
Non Allocated Interest
Sale of Land
Transferin
TOTAL LOWIMOD TAX
LOW/MODERATE BOND FUND:
Allocated Interest
Non Allocated Interest
Transfer In
TOTAL LOW/MOD BOND
REMAINING %
BUDGET RECEIVED BUDGET RECEIVED
7,364,440.00
3,770,098.64
3,594,341.36
51.190%
17,521.05
(17,521.05)
0.000%
397.63
(397.63)
0.000%
692,211.00
0.00
692,211.00
0.000%
338,442.00
209,488.00
128,954.00
61.900%
8,395,093.00
3,997,505.32
4,397,587.68
47.620%
61,522.58
(61,522.58)
0.000%
20,000.00 2,177.66
17,822.34
10.890%
0.00
0.00
0.000%
0.00
0.00
0.000%
1,100,000.00 0.00
1,100, 000.00
0.000%
1,120,000.00 63,700.24
1,056,299.76
5.690%
1,841,110.00 942,524.65
898,585.35
51.190%
0.00
0.00
0.000%
20,700.00 90,340.66
(69,640.66)
436.430%
0.00
0.00
0.000%
0.00
0.00
0.000%
0.00
0.00
0.000%
1,861,810.00 1,032,865.31
828,944.69
55.480%
807.17 (807.17) 0.000%
13,819.50 (13,819.50) 0.000%
0.00 0.00 0.000%
0.00 14,626.67 (14,626.67) 0.000%
GO
LA QUINTA REDEVELOPMENT AGENCY
07/01/2001 - 03/31/2002
REMAINING
EXPENDITURE SUMMARY
BUDGET
EXPENDITURES
ENCUMBERED
BUDGET
EXPENDED
PROJECT AREA NO.2:
DEBT SERVICE FUND:
SERVICES
94,120.00
121,767.00
0.00
(27,647.00)
129.4%
BOND PRINCIPAL
163,723.00
163,723.00
0.00
0.00
100.0%
BOND INTEREST
593,968.00
593,967.75
0.00
0.25
100.0%
INTEREST CITY ADVANCE
692,211.00
519,158.25
0.00
173,052.75
75.0%
INTEREST - ERAF LOAN
0.00
0.00
0.00
0.00
0.0%
PASS THROUGH PAYMENTS
6,257,252.00
3,128,626.37
0.00
3,128,625.63
50.0%
TRANSFERS OUT
0.00
0.00
0.00
0.00
0.0%
TOTAL DEBT SERVICE
7,801,274.00
4,527 242.37
0.00
3,274,031.63
58.0%
CAPITAL IMPROVEMENT FUND:
PERSONNEL
5,950.00
2,876.09
0.00
3,073.91
48.3%
SERVICES
119,164.00
56,194.18
0.00
62,969.82
47.2%
ECONOMIC DEVELOPMENT ACTIVITY
130,072.00
43,134.60
0.00
86,937.40
33.2%
REIMBURSEMENT TO GEN FUND
34,092.00
25,568.01
0.00
8,523.99
75.0%
TRANSFERS OUT
1,353,442.00
1,781,480.63
0.00
(428,038.63)
131.6%
TOTAL CAPITAL IMPROVEMENT
1,642,720.00
1,909 253.51
0.00
(266 533.51)
116.2%
LOW/MODERATE TAX FUND:
PERSONNEL
5,950.00
2,876.09
0.00
3,073.91
48.3%
SERVICES
159.959.00
323,177.90
0.00
(163,218.90)
202.0%
SEWER SUBSIDIES
85,000.00
0.00
0.00
85,000.00
0.0%
LQ RENTAL PROGRAM
949.923.00
47.125.00
6,400.00
896,398.00
5.0%
LOW MOD HOUSING PROJECTS
755,806.00
72,650.86
0.00
683,155.14
9.6%
REIMBURSEMENT TO GEN FUND
71,258.00
53,443.44
0.00
17,814.56
75.0%
TRANSFERS OUT
2,787,701.44
372,770.06
0.00
2,414,931.38
13.4%
TOTAL LOW/MOD TAX
4,815,597.44
872,043.35
6,400.00
3,937,154.09
18 1 %
LOW/MODERATE BOND FUND
PERSONNEL
0.00
0.00
0.00
0.0%
SERVICES
0.00
0.00
0.00
0.0%
REIMBURSEMENT TO GEN FUND
0.00
0.00
0.00
0.0%
TRANSFERS OUT
2,582,881.00
0.00
0.00
2,582,881.00
0.0%
TOTAL LOW/MOD BOND
2,582,881.00
0.00
0.00
2,582,881.00
0.0%
0L�
T419� 4 stP Q"
COUNCIL/RDA MEETING DATE: May 21, 2002
ITEM TITLE: Approval of a Resolution of the La Quinta
Redevelopment Agency Making Certain Findings Pursuant
to Health and Safety Code 33445(a) and Appropriating
Funds for Sidewalk Improvements Along Avenida La
Fonda and Desert Club Drive
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: -4
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the La Quinta Redevelopment Agency making certain findings
pursuant to Health and Safety Code 33445(a) and appropriating funds for sidewalk
improvements along Avenida La Fonda and Desert Club Drive.
Under a proposed Memorandum of Understanding (MOU) (Attachment 1) to be
considered by the City Council, the City will reimburse Canali Entertainment, L.L.C.
("Canali") up to $15,000 for the installation of the pavers within the pubic right-of-way
along Avenida La Fonda and Desert Club Drive at Andrews Bar and Grill. It was
anticipated that funding for the reimbursement would be disbursed from the La Fonda
Street Enhancements Project No. 2002-05, as identified in the 2002-2003 through
2006-2007 Capital Improvement Program (CIP) which was approved at the regularly
scheduled City Council Meeting on May 7, 2002, to be incorporated in the Fiscal Year
2002-2003 Budget. However, it is necessary for the work to be done before adoption
of the Budget and, therefore, an appropriation in the amount of $15,000 in RDA Project
Area 1 Capital Project Undesignated Reserves, is required.
None.
Canali recently submitted a Village Use Permit to rehabilitate the existing restaurant
located at the southwest corner of Avenida La Fonda and Desert Club Drive. The
restaurant will reopen as Andrew's Bar and Grill.
Canali's approved improvement plan proposes the installation of concrete sidewalk along
Avenida La Fonda and Desert Club Drive in limited areas to replace two existing
driveway approaches. This work is located within the City's right-of-way. 0IL I
TAPWDEPT\COUNCIL\2002\020521 i.wpd
As part of the Village Street Improvements, the City is planning to improve the parkway
area with brick pavers and colored concrete. Street improvements along Avenida La
Fonda are identified as Project No. 2002-05 in the approved 2002-2003 through 2006-
2007 CIP as approved at the May 7, 2002 City Council Meeting. These improvements
will be similar to the recently completed prototypical street improvements for the Village
area.
The City purchased additional brick pavers for the Avenida La Fonda Street
Improvements and are stockpiled at the City's Maintenance Yard. These pavers match
the pavers recently installed in the Village improvements and are available for use at this
location.
Canali desires to install the brick pavers and related improvements, consistent with the
prototypical street theme, as part of their site improvements. This will eliminate
impacts to the restaurant's operation in the future.
The estimated cost of the concrete removal and installation of the brick pavers and
colored concrete is $18,600. This cost includes the applicant's cost to modify the
approved site plans. The estimated cost of the basic improvements, based on the
applicant's approved site plan, is $3,200. The estimated cost for the City to remove
the existing concrete sidewalk and install the brick pavers at a future date is $18,000
to $19,000.
The proposed MOU establishes that the City will furnish the available brick pavers to the
applicant for installation. The applicant will revise the site plans and install the brick
pavers, colored concrete and related improvements within the City's right-of-way. To
defray the additional cost incurred by the Applicant, the City would reimburse the
applicant up to $15,000, which is the approximate difference between the applicant's
cost for the basic approved improvements and the cost for the enhanced improvements.
The City would realize a potential savings of approximately $3,000 to $4,000 by
entering into the proposed agreement with the applicant.
The alternatives available to the Redevelopment Agency include:
1. Adopt a Resolution of the La Quinta Redevelopment Agency making certain
findings pursuant to Health and Safety Code 33445(a) and appropriating funds
for sidewalk improvements along Avenida La Fonda and Desert Club Drive; or
2. Do not Adopt a Resolution of the La Quinta Redevelopment Agency making
certain findings pursuant to Health and Safety Code 33445(a) and appropriating
funds for sidewalk improvements along Avenida La Fonda and Desert Club Drive;
or
3. Provide staff with alternative direction.
T:\PWDEPT\COUNCIL\2002\020521 i.wpd 0 V 002
Respectfully submitted,
Roy F. yKephAr on
Interim Public orks Director/City Engineer
Approved for submission by:
Thomas P. Genovese
Executive Director
Attachments: 1. Memorandum of Understanding
o 0.1
RESOLUTION NO. 2002-
A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY
MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY
CODE SECTION 33445(a) AND APPROPRIATING FUNDS FOR
SIDEWALK IMPROVEMENTS ALONG AVENIDA LA FONDA AND DESERT
CLUB DRIVE
WHEREAS, Canali Entertainment, LLC ("Canali") desires to rehabilitate the
existing building at the southwest corner of Avenida La Fonda and Desert Club Drive
and will reopen the restaurant as Andrews Bar and Grill; and
WHEREAS, Canali is required to make certain limited sidewalk improvements as
a condition of their development, consisting of the removal and replacement two
driveway approaches with concrete sidewalks; and
WHEREAS, the City is planning to improve the parkway area at this location
with brick pavers and colored concrete as part of the Avenida La Fonda Street
Enhancement Project No. 2002-05 in the 2002-2003 through 2006-2007 Capital
Improvement Program (CIP) Budget; and
WHEREAS, Canali desires to have the brick pavers and related improvements
constructed as part of the site improvements for the restaurant to not impact the
restaurant's operation in the future; and
WHEREAS, the City purchased the remaining brick pavers from the recently
completed Village Street Improvement Project, said pavers to be used on the La Fonda
Street Enhancement Project and are stored at the City's Maintenance Yard; and
WHEREAS, it would be in the best interest of the public for the improvements
within the public right-of-way to be constructed with the restaurant's on site
improvements at this time.
NOW, THEREFORE, BE IT RESOLVED by the La Quinta Redevelopment Agency
as follows:
SECTION 1. Pursuant to Health and Safety Code Section 33445(a), the La
Quinta Redevelopment Agency finds:
(a) That the public site improvements along the frontage of Andrews Bar and
Grill will be of benefit to the Village Area.
(b) That no other reasonable means of financing the sidewalk improvements are
available to the community at this time.
(c) That the payment of funds for the construction of the sidewalk 0 **
improvements will assist in the elimination of one or more blighting conditions inside
the project area and is consistent with the implementation plan adopted pursuant to 004
Health and Safety Code Section 33490.
(d) That the construction of the sidewalk improvements are consistent with the
implementation plan adopted pursuant to Health & Safety Code Section 33490.
SECTION 2. The La Quinta Redevelopment Agency agrees to appropriate
funding in the amount of $15,000.00 for the improvement costs of the public
sidewalk improvements along the proposed Andrews Bar and Grill at the southwest
corner of Avenida La Fonda and Desert Club Drive with La Quinta Redevelopment
Agency funds from the Avenida La Fonda Street Enhancement project.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
Redevelopment Agency held on this 21 st day of May, 2002 by the following vote to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
TERRY HENDERSON, Chairperson
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
005
141 1 ALIMIVitiv I I
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING ("MOU") dated May 21, 2002, by
and between Canali Entertainment, L.L.C. ("Canali"), and the City of La Quinta, a
municipal corporation ("City"), outlines the respective obligations of Canali and City
regarding the construction of decorative brick pavers at Andrews located at the
southwest corner of Avenida La Fonda and Desert Club Drive in the City of La Quinta,
County of Riverside, State of California. The decorative pavers will extend from the
westerly property line on Avenida La Fonda to the southerly property line on Desert
Club Drive within the public right-of-way.
RECITALS
WHEREAS, Canali is required to make certain limited sidewalk improvements as
a condition of their development, consisting of the removal and replacement of two
driveway approaches with concrete sidewalks; and
WHEREAS, the City, is planning to improve the parkway areas at this location
with brick pavers and colored concrete, the work to be initiated at an undetermined
future date; and,
WHEREAS, Canali desires to have the brick pavers and related improvements
constructed as part of the site improvements for the restaurant so as to not impact the
restaurant's operation in the future; and
WHEREAS, the City desires to participate in the cost of the installation of the
brick pavers by providing the brick pavers and reimbursements to Canali up to an
amount equal to the cost the City would expend in the future for the Village
Improvements at this location.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter
contained and for other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto agree as follows:
Section 1. Recitals, The foregoing recitals are true and correct.
Section 2. City'
a. The City shall provide the brick pavers for Canali to install within the
City's right-of-way along the project frontage. Approximately 1,400
square feet of brick pavers are anticipated. The City shall provide
adequate access to the City Maintenance yard and shall coordinate with
the applicant for pick up of the brick pavers.
b. The City shall reimburse Canali for actual work completed up to an
amount not to exceed $15,000. The eligible items of work include the
removal of the existing concrete sidewalk and driveway approaches, �) I
installation of the brick pavers in accordance with the detail as shown on
r, M
TAPMEPT\STAMSchulze\Special Projects\Andrews\mou.wpd Page 1 of 4
Exhibit "A", and the construction of a colored concrete access ramp at
the corner of Avenida La Fonda and Desert Club Drive.
C. Within ten 0 0) working days following receipt of Canali's invoice and
documentation, the City Engineer shall either approve or disapprove the
invoice or portions thereof and submit the approved invoice for payment
through the City's Demand Register. The City Engineer shall provide to
Canali a written explanation for any portion of an invoice that is
disapproved. The City will accept only the Final Invoice for review and
- payment upon the completion of the work.
d. The City shall review the Precise Grading plan as revised by Canali. A
"no fee" plan check for the plan revision will be provided by the City.
e. The City shall issue a "no fee" permit for the installation of the brick
pavers and related work within the City's right-of-way.
Section 3. Cenali's Obligations
a. Canali shall modify the Precise -grading plan to reflect the brick paver
installation and related work within the City's right-of-way. The revised
plan shall be submitted to the Engineering Department for review and
approval.
b. Canali shall be responsible for picking up the brick pavers from the City's
maintenance yard and delivering the brick pavers to the project site.
C. Canali shall complete the sidewalk removal and brick paver installation in
accordance with this MOU and the approved revised plan and bear the
cost thereof. Upon completion of the work, Canali shall submit a final
invoice and supporting documentation for actual cost incurred for the
related work within the City's right-of-way.
d. For a period of one year following completion of the improvements and
their acceptance by the City, Canali agrees to provide any necessary
warranty repair or replacement of faulty work solely at his cost and not
subject to reimbursement by the City.
Section 4. Disputes
a. In the event of any dispute arising under this MOU, the injured party shall,
notify the injuring party of its contentions by submitting a claim therefor.
The injured party shall continue performing its obligations incurred herein
so long as the injuring party commences to cure such injuring actions
within ten (10) days of such notice and completes the cure within forty
five (45) days after the notification, or such longer period as may be
agreed upon by both parties to this MOU. 017
MO
T:\PWDEPT\STAFF\Schulze\Special Projects\Andrews\mou.wpd Page 2 of 4
Section 5. ttorney',s Fees
a. If either party commences an action against the other arising out of or in
connection with this MOU, including the filing of a lien or other legal
action to compel payment of the Reimbursement, the prevailing party
shall be entitled to recover reasonable attorney's fees and legal costs
from the losing party.
a. Canali 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 the
performance of Canali, its contractors, officers, employees, agents, or
representatives under this Memorandum, including costs of suit and
reasonable attorney's fees.
a. No officer or employee of City shall be personally liable to Canali or any
successor in interest in the event of any default or breach by City or for
any amount which may become due to Canali or to its successor or for
breach of any obligation of the terms of this MOU.
Section 8. Notice
a. Any notice, demand, request, consent, approval or communication either
party desires or is required to give to the other pary or any person shall
be in writing and either served personally or sent by prepaid, first-class
mail to the address set forth below. Notice shall be deemed
communicated forty-eight (48) hours from the time of mailing if mailed
as provided in this section.
Section •. Assianment of Agreement
a. Neither party may assign its obligations hereunder to any assignee
without the knowledge and consent of the other party hereto which other
party shall not unreasonably withhold consent. Assignment may be made
only to an assignee willing, financially capable and competent to carry
out the assignor's obligations.
Section 10. Insurance
a. City shall require any and all contractors that perform work pursuant to
the MOU to maintain, at a minimum, a commercial general liability
insurance policy, an excess liability/umbrella insurance policy, and an
"any auto" automobile insurance policy, each at limits of at least 1 million
T:\PWDEPT\STAFF\Schu1ze\Specia1 Projects\Andrews\mou.wpd Page 3 of 4 009
dollars, and a builder's risk insurance policy at 100% of the total cost of
the work required pursuant to the MOU.
1N WITNESS WHEREOF, Canali and City have caused this MOU to be executed as of
the date first above written.
CITY OF LA QUINTA, CANALI ENTERTAINMENT, LLC
a California municipal corporation
Thomas P. Genovese, City Manager
ATTEST:
June Greek, City Clerk
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
21
010
TAMDEFRSTAMSchulze\Special Projects\Andrews\mou.wpd Page 4 of 4
FLUSH
CONCRETE
CURB
COLORED
31WPA VERS
SAND
4" COMPACTED
AGGRAGATE BASE
4 SIDEWALK PAVERS
not to scole
'11 1
ail
T4494 4 Q"
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: May 21, 2002 CONSENT CALENDAR: 5
aaa:ia.a aaa a.....
STUDY SESSION:
Acceptance of Assessment/Sewer Hook -Up Fee
Subsidy Program - Project 2001-04 and Authorization PUBLIC HEARING:
for City Clerk to Record Notice of Completion
Accept Project 2001-04 and instruct the City Clerk to file a Notice of Completion with
the County Recorder.
None.
None.
All work for Project 2001-04 (Low -Mod Sewer Hook Up) has been completed in
accordance with the specifications.
All work has been completed to specifications. There is no alternative but to accept
the project.
Respectfully submitted,
t�
Tom Hartung, Bui Zing and Safety Director
Approved for submission by:
Ile
Thomas P. Genovese, City Manager
T4194 4 Q"
AGENDA CATEGORY:
BUSINESS SESSION: /
COUNCIL/RDA MEETING DATE: May 21, 2002 CONSENT CALENDAR:
STUDY SESSION:
Consideration of a Contract with
PUBLIC HEARING:
Conrad & Associates, LLP to
Perform Audit Services
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
Provide staff with direction on proceeding with the selection process.
PLEASE SEE RELATED BUSINESS SESSION ITEM ON CITY COUNCIL AGENDA