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2002 05 21 CCVA Tjht 4 4 QdArcv City Council Agendas are available on the City s web page @www.la-quinta.org City Council Agenda CITY COUNCIL CHAMBER 78-495 Calle Tampico - La Quinta, California 92253 Regular Meeting Tuesday, May 21, 2002 - 2:00 p.m. CALL TO ORDER Beginning Res. No. 2002-70 Ord. No. 371 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT TO CODE SECTION 54957, COUNCIL APPOINTED POSITION - CITY MANAGER. NOTE: Time permitting, the City Council may conduct Closed Session discussions during the dinner recess. Additionally, persons identified as negotiating parties, do not attend the closed session when the City is considering acquisition of real property. PLEDGE OF ALLEGIANCE RECONVENE AT 3:00 P.M. City Council Agenda Page 1 May 21, 2002 V. PUBLIC COMMENT At this time, members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak to come forward at the appropriate time. VI. CONFIRMATION OF AGENDA VII. PRESENTATIONS - None Vill. WRITTEN CORRESPONDENCE - None IX. APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF MAY 7, 2002 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 MAY 21, 2002. 2. TRANSMITTAL OF TREASURER'S REPORT FOR MARCH 31, 2002. 3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT FOR MARCH 31, 2002. 4. APPROVAL OF A RESOLUTION AUTHORIZING ACCESS TO SALES AND USE TAX RECORDS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056. 5. APPROVAL OF IMPROVEMENTS ASSOCIATED WITH TRACT 28470-1, TRADITION. 6. ADOPTION OF A RESOLUTION AUTHORIZING ACCESS TO STATE AND LOCAL SUMMARY CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT, LICENSING OR CERTIFICATION PURPOSES. 7. DENIAL OF CLAIM FOR DAMAGES FILED BY RICHARD AND MARCIA PIERCE - DATE OF LOSS: APRIL 5, 2002. 8. DENIAL OF CLAIM FOR DAMAGES FILED BY PGA WEST RESIDENTIAL ASSOCIATION, INC., - DATE OF LOSS , APRIL 26, 2002. City Council Agenda Page 2 May 21, 2002 9. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY. 10. APPROVAL OF EXTENSION OF PROFESSIONAL SERVICES AGREEMENT WITH NICKERSON AND ASSOCIATES, INC. TO PROVIDE PROJECT MANAGEMENT AND CONTRACT ADMINISTRATIVE SUPPORT SERVICES FOR FISCAL YEAR 2002/2003. 11. APPROVAL OF RENEWAL OF PROFESSIONAL SERVICES AGREEMENT WITH BERRYMAN AND HENIGAR, INC., TO PROVIDE MAP CHECKING SERVICES. 12. APPROVAL OF RENEWAL OF PROFESSIONAL SERVICES AGREEMENT WITH R.A.S.A. TO PROVIDE MAP CHECK SERVICES. 13. ADOPTION OF A RESOLUTION EXTENDING THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT PROGRAM. 14. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SAFETY MANAGER TO ATTEND A TRAINING CLASS GIVEN BY SOUTHERN CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICIALS, INC., TO BE HELD IN BUELLTON, CALIFORNIA, JUNE 29, 2002. 15. APPROVAL OF A RESOLUTION OF THE CITY COUNCIL MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) AND CONSENTING TO THE LA QUINTA REDEVELOPMENT AGENCY FUNDING OF SIDEWALK IMPROVEMENTS ALONG AVENIDA LA FONDA AND DESERT CLUB DRIVE, AND AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH CANALI ENTERTAINMENT, LLC, TO PROVIDE BRICK PAVERS FROM EXISTING CITY INVENTORY AND TO REIMBURSE FUNDS FOR THE INSTALLATION OF THE PAVERS ALONG AVENIDA LA FONDA AND DESERT CLUB DRIVE AT THE PROPOSED ANDREWS BAR AND GRILL. 16. APPROVAL TO APPROPRIATE TRANSPORTATION CONGESTION RELIEF FUNDS FOR FISCAL YEAR 2000/2001 . 17. ADOPTION OF A RESOLUTION SUPPORTING PRIORITY TREATMENT OF METROLINK'S RIVERSIDE LINE BY THE UNION PACIFIC RAILROAD COMPANY. 18. APPROVAL OF RIVERSIDE COUNTY COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEARS 2003-2005 AND AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT. XI BUSINESS SESSION CONSIDERATION OF THE COMMUNITY SERVICES COMMISSION WORK PLAN FOR FISCAL YEAR 2002/2003. A. MINUTE ORDER ACTION. 2. CONSIDERATION OF THE CULTURAL ARTS COMMISSION WORK PLAN FOR FISCAL YEAR 2002/2003. A. MINUTE ORDER ACTION. City Council Agenda Page 3 May 21, 2002 3. CONSIDERATION OF A RESOLUTION APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 89-1, FISCAL YEAR 2002/2003 AND A RESOLUTION DECLARING INTENT TO LEVY ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, AND GIVING NOTICE THEREOF. A. RESOLUTION ACTION(S). 4. CONSIDERATION OF THE FORMATION OF A CITY COUNCIL AD HOC COMMITTEE TO ADDRESS FIRE SERVICE FUNDING. A. MINUTE ORDER ACTION. 5. CONSIDERATION OF A CONTRACT WITH CONRAD AND ASSOCIATES, LLP, TO PERFORM AUDIT SERVICES. A. MINUTE ORDER ACTION. 6. CONSIDERATION OF TRANSMITTING A LETTER TO CVAG REGARDING THE COACHELLA VALLEY MULTI -SPECIES HABITAT CONSERVATION PLAN. A. MINUTE ORDER ACTION. XII. STUDY SESSION - None XIII. REPORTS AND INFORMATIONAL ITEMS 1. CVAG COMMITTEE REPORTS 2. CHAMBER OF COMMERCE WORKSHOP/INFORMATION COMMITTEE (SNIFF) 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 & VISITORS AUTHORITY (HENDERSON) 10. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION 11. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) 14. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) 15. INVESTMENT ADVISORY BOARD MEETING MINUTES OF APRIL 10, 2002. 16. COMMUNITY SERVICES COMMISSION MINUTES OF APRIL 8, 2002. 17. CULTURAL ARTS COMMISSION MINUTES OF APRIL 11, 2002. 18. PLANNING COMMISSION MINUTES OF APRIL 23, 2002. 19. ARCHITECTURAL AND LANDSCAPING COMMITTEE MINUTES OF APRIL 3, 2002. 20. HISTORIC PRESERVATION COMMISSION MINUTES OF MARCH 21, 2002. 00 a City Council Agenda Page 4 May 21, 2002 XIV. DEPARTMENT REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DIRECTOR MONTHLY REPORT FOR APRIL, 2002 5. COMMUNITY DEVELOPMENT DIRECTOR MONTHLY REPORT FOR APRIL, 2002 6. COMMUNITY SERVICES DIRECTOR MONTHLY REPORT FOR APRIL, 2002 7. FINANCE DIRECTOR 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER MONTHLY REPORT FOR APRIL, 2002 9. POLICE CHIEF MONTHLY REPORT FOR APRIL, 2002 10. FIRE CHIEF XV. MAYOR AND COUNCIL MEMBERS' ITEMS DISCUSSION REGARDING PARK NEAR SENIOR CENTER (COUNCIL MEMBER SNIFF). 2. DISCUSSION OF ACKNOWLEDGMENT / COLONEL MITCHELL PAIGE (COUNCIL MEMBER HENDERSON. 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 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. Any person may submit written comments to the La Quinta City Council/ Redevelopment Agency before a public hearing or may appear and be heard in support of, or in opposition to, the approval of the project(s) at the time of the hearing. If you challenge any of the projects(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. City Council Agenda Page 5 May 21, 2002 CONTINUED PUBLIC HEARING TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-418, GENERAL PLAN AMENDMENT 2001-077, ZONE CHANGE 2001-100 TO CHANGE THE LAND USE CLASSIFICATION AND ZONING DESIGNATION TO LOW DENSITY RESIDENTIAL WITHIN THE CITY OF LA QUINTA SPHERE OF INFLUENCE FOR SUBSEQUENT ANNEXATION FOR APPROXIMATELY 200 ACRES, BOUNDED ON THE NORTH BY AVENUE 52, EAST OF MONROE STREET, SOUTH OF AVENUE 53, AND EAST OF THE EXISTING CITY LIMITS. APPLICANT: NRI, LA QUINTA LIMITED PARTNERSHIP A request to continue this matter until June 18' has been filed. XIX. ADJOURNMENT Adjourn to the regularly scheduled City Council Meeting, commencing with closed session at 2:00 p.m. and open session at 3:00 p.m., Tuesday, June 4, 2002, in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. 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 Tuesday, May 21, 2002, 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 1 1 1, on Friday, May 17, 2002. DATED: May 17, 2002 .Q�. JUNE S. 4REEK, CIVIC �j City Clerk, City of La Quinta, 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 If special electronic equipment is needed to make presentations to the City Council, arrangements should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council, during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk. It is requested that this take place prior to the beginning of the 3:00 p.m session or the 7:00 p.m session for distribution. City Council Agenda Page 6 May 21, 2002 U S 5 AGENDA CATEGORY: w G� OF COUNCIL/RDA MEETING DATE: MAY 21, 2002 ITEM TITLE: Demand Register Dated May 21, 2002 RECOMMENDATION: Approve Demand Register Dated May 21, 2002 BACKGROUND: Prepaid Warrants: 49378 - 493941 23,261.00 49395 - 494151 73,679.92 Wire Transfers} 20,785.77 P/R 8764 - 88391 104,417.49 P/R Tax Transfers) 30,345.23 Payable Warrants: 49416 - 49562) 580,976.95 $833,466.36 FISCAL IMPLICATIONS: Demand of Cash - City $828,466.36 Demand of Cash -RDA $5,000.00 BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING CITY OF LA QUINTA BANK TRANSACTIONS 5/01/02 - 5/15/02 5/10/02 WIRE TRANSFER - DEFERRED COMP 5/10/02 WIRE TRANSFER - PERS 5/10/02 WIRE TRANSFER - CREDIT UNION $5,628.13 $9,810.64 $5,347.00 TOTAL WIRE TRANSFERS OUT $20,785.77 002 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:49AM 05/15/02 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.*** 49416 05/15/02 &01720 SHANNAN CONLEY 8.00 49417 05/15/02 &01723 BRIAN BURR 94.48 49418 05/15/02 &01724 DOOR 2 DOOR GARAGE DOORS 18.00 49419 05/15/02 &01725 LEGACY HOMES 8.69 49420 05/15/02 &01726 MCINTYRE POOLS 26.95 49421 05/15/02 &01727 PATTI'S WAGON 16.50 49422 05/15/02 4IM100 4IMPRINT 1616.51 49423 05/15/02 ABD100 LORI ABDELNOUR 5000.00 49424 05/15/02 ABL001 ABLE RIBBON TECH 98.63 49425 05/15/02 ACE010 ACE HARDWARE 935.39 49426 05/15/02 AEP010 AEP 180.00 49427 05/15/02 ALC050 BOB ALCALA 28.00 49428 05/15/02 AMB100 ROBERT AMBRIZ 1.07 49429 05/15/02 AME100 AMERICAN SOCIETY OF CIVIL 137.00 49430 05/15/02 AME175 AMERICAN FORENSIC NURSES 166.00 49431 05/15/02 AME200 AMERIPRIDE UNIFORM SVCS 54.97 49432 05/15/02 ANI050 ANIMAL CARE EQUIPMENT 324.70 49433 05/15/02 ANW100 AN-WIL BAG CO 769.34 49434 05/15/02 ARC100 ARCH 891.20 49435 05/15/02 ATC010 ATCO INTERNATIONAL 283.40 49436 05/15/02 AUT030 AUTOMATED TELECOM 125.55 49437 05/15/02 BAN150 BANK OF NEW YORK 1696.78 49438 05/15/02 BER150 BERRYMAN & HENIGAR INC 1950.00 49439 05/15/02 BES100 BEST BUY CO INC 75.40 49440 05/15/02 BI0100 BIO TOX 33.40 49441 05/15/02 BOG100 SHARON BOGAN 138.60 49442 05/15/02 CAD010 CADET UNIFORM SUPPLY 207.39 49443 05/15/02 CAL060 CALIF STREET MAINTENANCE 10260.00 49444 05/15/02 CAL240 CALIFORNIA POOLS & SPAS 300.00 49445 05/15/02 CAP050 ROSMARY CAPUTO 385.00 49446 05/15/02 CDW050 CDW GOVERNMENT INC 218.42 49447 05/15/02 CEN008 CENTEX HOMES 10333.79 49448 05/15/02 COA071 COACHELLA VALLEY PRINTING 10129.20 49449 05/15/02 COM015 COMPUTER U LEARNING CENTR 918.75 49450 05/15/02 COM030 COMSERCO 926.08 49451 05/15/02 C00300 VALI COOPER & ASSOC INC 7535.40 49452 05/15/02 COR150 CORPORATE EXPRESS 196.45 49453 05/15/02 COS060 COSTCO WHOLESALE STORE 1245.42 49454 05/15/02 CRA200 ROBERT CRAVEN 51.35 49455 05/15/02 DAN200 DANONE WATERS OF NORTH 300.45 49456 05/15/02 DDP100 DD PAINTING 750.00 49457 05/15/02 DES018 DESERT ELECTRIC SUPPLY 1323.71 49458 05/15/02 DESO47 DESERT PHOTO LAB/STUDIO 3213.18 49459 05/15/02 DES051 DESERT SANDS UNIFIED SCHL 120.00 49460 05/15/02 DES065 DESERT TEMPS INC 10844.00 49461 05/15/02 DIE050 DIETERICH POST 78.04 49462 05/15/02 DOU010 DOUBLE PRINTS 1 HR PHOTO 20.79 003 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:49AM 05/15/02 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK NUMBER CHECK 'DATE VENDOR NO. NAME PAYMENT AMOUNT 49463 05/15/02 DOU200 LES DOUGLAS 30.80 49464 05/15/02 ENR100 ENRG FUEL USA INC 12.79 49465 05/15/02 EVA050 DAVID EVANS & ASSOC INC 17500.00 49466 05/15/02 EXP200 EXPRESS DETAIL 875.00 49467 05/15/02 FAL050 JOHN FALCONER 2088.11 49468 05/15/02 FED010 FEDERAL EXPRESS CORP 1017.97 49469 05/15/02 FIR015 FIRST AMERICAN REAL 141.39 49470 05/15/02 FIR017 FIRST CHOICE SERVICES 124.00 49471 05/15/02 FON100 CITY OF FONTANA 222.22 49472 05/15/02 FOU100 FOUNDATION FOR RETARDED 292.27 49473 05/15/02 GAR040 GARZA TURF & POWER EQUIP 289.90 49474 05/15/02 GAR005 GARNER IMPLEMENT CO 164.49 49475 05/15/02 GCS010 GCS WESTERN POWER & EQUIP 1411.28 49476 05/15/02 GE0010 GEORGE'S GOODYEAR 231.60 49477 05/15/02 GRE100 JUNE S GREEK 1143.90 49478 05/15/02 GSD050 GS DIRECT 34.68 49479 05/15/02 GUZO10 HECTOR GUZMAN 130.61 49480 05/15/02 HAR100 JOHN HARDCASTLE 97.28 49481 05/15/02 HIL150 HILTON FARNKOPF & 1892.50 49482 05/15/02 HOA010 HUGH HOARD INC 2313.51 49483 05/15/02 HOM030 HOME DEPOT 776.44 49484 05/15/02 H00050 FAYE HOOPER 100.00 49485 05/15/02 IMA100 IMAGE SOURCE 38.40 49486 05/15/02 IMP100 IMPACT SCIENCES INC 27372.10 49487 05/15/02 IND016 INDIO COLLISION 945.21 49488 05/15/02 INT018 INTERNATIONAL PERSONNEL 162.75 49489 05/15/02 JAS100 JAS PACIFIC 11721.76 49490 05/15/02 JAY100 JAYCOR TACTICAL SYSTEMS 3413.28 49491 05/15/02 KIN100 KINER/GOODSELL ADVERTISNG 15285.25 49492 05/15/02 KRI100 BRUCE KRIBBS CONSTRUCTION 4595.00 49493 05/15/02 KUS100 KUSTOM IMPRINTS 738.95 49494 05/15/02 LAQ030 LA QUINTA CAR WASH 23.90 49495 05/15/02 LAQ055 LA QUINTA FLORIST 69.90 49496 05/15/02 LES020 JANELLE LESLIE 21.00 49497 05/15/02 L00010 LOCK SHOP INC 26.94 49498 05/15/02 LOW100 LOWE'S COMPANIES INC 408.33 49499 05/15/02 LUN050 LUNDEEN PACIFIC CORP 42380.11 49500 05/15/02 MCDO10 MC DOWELL AWARDS 35.29 49501 05/15/02 MEE050 MEE INDUSTRIES INC 1077.11 49502 05/15/02 MEE100 WAYNE MEEDS 100.00 49503 05/15/02 MUN010 MUNI FINANCIAL SERV INC 3967.09 49504 05/15/02 MUN175 IRVING MUNOWITZ 241.50 49505 05/15/02 NAT060 NATIONAL TICKET CO 176.67 49506 05/15/02 NAW010 RON NAWROCKI 3000.00 49507 05/15/02 NEX010 NEXTEL COMMUNICATIONS 2246.67 49508 05/15/02 NIC101 NICKERSON & ASSOC INC 13235.82 49509 05/15/02 NOR275 NORTHWOOD REPROGRAPHIC 38.06 49510 05/15/02 OFF005 OFFICE DEPOT INC 863.39 49511 05/15/02 OLA100 MILTON OLANDER 534.69 0.1- ,i 004 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:49AM 05/15/02 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 49512 05/15/02 OLI100 OLINN MESSAGE CENTER 101.20 49513 05/15/02 PAP050 PAPERDIRECT INC 722.45 49514 05/15/02 PIT100 NOEL PITTMAN 126.00 49515 05/15/02 POS030 POSTAL CONNECTION OF 14.09 49516 05/15/02 PRE015 THE PRESS -ENTERPRISE CO 1482.56 49517 05/15/02 PRI020 THE PRINTING PLACE 2183.02 49518 05/15/02 PR0005 PROFESSIONAL SERVICE IND 407.00 49519 05/15/02 PRY050 FRED PRYOR SEMINARS 99.00 49520 05/15/02 PRY051 FRED PRYOR SEMINARS 99.00 49521 05/15/02 PUR050 PURCHASE POWER 227.46 49522 05/15/02 PUR100 PURKISS ROSE-RSI 14182.57 49523 05/15/02 RAD050 RADIO SHACK 8.60 49524 05/15/02 RAS020 RASA - ERIC NELSON 3000.00 49525 05/15/02 RAS035 CHARLOTTE RASHMI-GRAFF 259.00 49526 05/15/02 RES011 RESOURCE DIRECTORY 46.95 49527 05/15/02 RIE200 PAT RIENSCHE 588.00 49528 05/15/02 RIG025 JEAN RIGGS 4.20 49529 05/15/02 RIV080 RIVERSIDE COUNTY HEALTH 615.00 49530 05/15/02 RIV100 RIVERSIDE COUNTY SHERIFFS 239348.55 49531 05/15/02 RIV152 RIV COUNTY TRANSPORTATION 11418.00 49532 05/15/02 RJM100 RJM DESIGN GROUP INC 4710.28 49533 05/15/02 ROC100 ROCKHURST COLLEGE CONT ED 321.09 49534 05/15/02 SAN005 SAN BERNARDINO COUNTY SUN 696.78 49535 05/15/02 SCI100 LOUISE SCIUTTO 150.00 49536 05/15/02 SKY200 SKYTEL 16.47 49537 05/15/02 SMA010 SMART & FINAL 300.28 49538 05/15/02 SMI150 MALCOLM SMITH MOTORSPORTS 504.97 49539 05/15/02 SOU003 SOUND IMAGE 1593.57 49540 05/15/02 SOU007 SOUTHWEST NETWORKS, INC 455.00 49541 05/15/02 SOU008 SOUTHWEST MOBILE STORAGE 920.89 49542 05/15/02 SOU100 SOUTHLAND GEOTECHNICL INC 2155.00 49543 05/15/02 ST0100 STORIGHT SYSTEMS LTD 995.48 49544 05/15/02 TER010 TERRA -CAL CONST INC 3783.60 49545 05/15/02 TKDO10 T.K.D. ASSOCIATES INC 1353.68 49546 05/15/02 TOB100 RICHARD TOBIN 178.50 49547 05/15/02 TOL200 TOLL BROTHERS INC 20.00 49548 05/15/02 TOP010 TOPS'N BARRICADES INC 213.35 49549 05/15/02 TOP100 TOP OF THE LINE SIGNS 105.00 49550 05/15/02 TRI100 TRI STATE LAND SURVEYORS 13640.00 49551 05/15/02 TRU010 TRULY NOLEN INC 138.00 49552 05/15/02 TTI100 TTI NATIONAL INC 7.98 49553 05/15/02 UND010 UNDERGROUND SERVICE ALERT 65.00 49554 05/15/02 UPB100 UPBEAT INC 3819.43 49555 05/15/02 USH100 USHERWOOD & ASSOC OF CAL 123.28 49556 05/15/02 VAL005 VALLEY ANIMAL CLINIC 40.00 49557 05/15/02 VAL020 VALLEY PLUMBING 43.10 49558 05/15/02 WAL010 WAL MART COMMUNITY 282.63 49559 05/15/02 WES020 WEST GROUP 129.30 49560 05/15/02 WLC100 WLC ARCHITECTS INC 27568.75 005 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF 10:49AM 05/15/02 PAGE 4 CHECK CHECK NUMBER DATE NO. 49561 05/15/02 W00100 49562 05/15/02 YOU100 VENDOR NAME DEBBIE WOODRUFF YOUNG ENGINEERING SERVICE CHECK TOTAL PAYMENT AMOUNT 357.00 3710.00 580,976.95 KI. z N H M H N M aw m c LO �o LO m r m Fad E O Z N N O H \ N O H W x U El r r O r O M H M H 1 7 H r O M H M H r O r O ( H M H M H M H £ i.'i < m l71 E. lil E lfl H In E+ In E {n E-+ Ln E-F Ln E-F In E. 1.() E to E 4 Lr) H LO E+ v) E l!1 E 4 aQ 14 O F O O m v O O. a> �0 ifl Ol O ul H ul O o. 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W z O > O O O 0 ! + U F O U H O r,C U Y• 0024 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 4:47PM 05/09/02 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 49395 05/09/02 CAL040 CALIFORNIA VISION SERVICE 926.77 49396 05/09/02 CAN050 CANADA LIFE ASSURANCE CO 545.73 49397 05/09/02 CAT150 CITY OF CATHEDRAL CITY 30.00 49398 05/09/02 DES012 DESERT CITIES CATERING 516.82 49399 05/09/02 HOR100 DODIE HORVITZ 53.88 49400 05/09/02 IMPO10 IMPERIAL IRRIGATION DIST 14838.90 49401 05/09/02 KLE100 KLEIN & CLARK SPORTS PROD 2700.00 49402 05/09/02 LAQ015 LA QUINTA BASKET CO 417.13 49403 05/09/02 LAQ050 LA QUINTA CITY EMPLOYEES 702.91 49404 05/09/02 PRI050 PRINCIPAL MUTUAL 45675.89 49405 05/09/02 RIV034 RIVERSIDE COUNTY CLERK 64.00 49406 05/09/02 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 49407 05/09/02 SAN018 CITY OF SAN CLEMENTE 25.00 49408 05/09/02 SOR100 SOROPTIMIST INTERNATIONAL 90.00 49409 05/09/02 SOU010 SOUTHERN CALIF GAS CO 689.44 49410 05/09/02 STA044 DARREN STANLEY 62.50 49411 05/09/02 UNIO05 UNITED WAY OF THE DESERT 191.00 49412 05/09/02 UNIO06 UNITED WAY OF THE DESERT 35.00 49413 05/09/02 UNU050 UNUM LIFE INS 2119.38 49414 05/09/02 VER200 VERIZON 3476.32 49415 05/09/02 WEI050 MARK WEISS 92.75 CHECK TOTAL 73,679.92 or �r 0025 z m r M 01 o H N M c n D r- m m N N N N N N N N N N f, Z E z N O O1 O \ S N U rn rn C7 U' 007 U 007 C7 0 0 0 0 0x rn OW E rn 2: E x 1:E E E E E E£ E E E $ 0)< Q rn M El W W W W W W W W W W W W W W w w E. w 00 F El E F E E F F F F F F F E E F F E. c r M O N m H m WN r H m V' o M H c E r r o m m M m M M o m m rn v m N N o ON Z E . . . . . . . . . . . . . . . . . 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O O U U U H a H H>>> x w rx m m m z > a < a o o H Z Z Z W U W A z z x x x> z> co H H a a a a w w wn rUi rz N r rn m r O W Ln �o N w N > I > co N O M O .--I Z z E N 1- N M In H C H Z r cr r ID r to (n r In H `,G z m w w I 0 O rs E- N N N O O N W M M w l0 0 0 N W l0 l0 tO O O 00 z M M M M M O E+ z v v v M M M O un Ln Ln Ln ul O O V C V H H r U U 0 0 0 0 0 0 M O O a I U) w E to a z H O O O O O 3 OI N N N N N a o a a a a a a a U) z > > > > > E-+ G W z 0 > o 0 0 0 0 0 0 0 0 0 0 0 U') CD O Ela a a a a a U > > > > > 3 0028 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 3:38PM 05/02/02 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.*** 49378 05/02/02 ABE001 JACQUES ABELS 75.00 49379 05/02/02 ATT040 AT&T WIRELESS DATA SVC 49.00 49380 05/02/02 ATT075 AT&T WIRELESS SERVICES 111.04 49381 05/02/02 BOB100 BILL BOBBITT 50.00 49382 05/02/02 BUT010 RICHARD BUTLER 75.00 49383 05/02/02 HJH100 HJH CONSTRUCTION 21881.25 49384 05/02/02 IRWO20 BARBARA IRWIN 50.00 49385 05/02/02 KIR010 TOM KIRK 75.00 49386 05/02/02 LAQ040 LA QUINTA CHAMBER COMMERC 198.00 49387 05/02/02 MIT150 MICHAEL MITCHELL 50.00 49388 05/02/02 PIZO50 PIZZA HUT 30.15 49389 05/02/02 PUE050 MARIA L PUENTE 50.00 49390 05/02/02 SHA050 ARCHIE SHARP 50.00 49391 05/02/02 TH0200 DAVID THOMS 50.00 49392 05/02/02 TYL050 ROBERT T TYLER 75.00 49393 05/02/02 VER200 VERIZON 341.56 49394 05/02/02 WRI050 ROBERT S WRIGHT 50.00 CHECK TOTAL 23,261.00 0029 Z M M N O1 N Ln 1D r m m O H T F� N .-1 N r1 N a o El Z N O N O n U (7 (D C7 0 0 C7 C7 0 C7 0 0 C7 (D 0 0 (D V' O W E £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ LD a w W w w w W w w W w w W w w w w w £ < on E. 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U z O H O RC O H O H O W O z 0 (n O H O > a ❑ in a' ❑ P4 ❑ E4 ❑ H ❑ ❑ a' ❑ Z U z x z O Z O Z H Z z z W Z O z H U) W E+ W F W E W x w z W z W F W W > 0 > U) > U) > U > rc > O > v) > i ❑ 0 H H 0 a x H U) > x x < a a x ❑ W Ga H U W O O O O O Fc H ❑ a' N N N N l0 N a 0 W rn > I > Z z £ H H H H O H m H ❑ H O m w a a c Ix 1 H Z ❑ < < rc < N FC F H x < z a < m w m a 1 O o r-4 E a o 0 0 0 0 0 0 w 0 0 0 0 0 0 0 m o 0 0 0 0 0 0 rD r rn 0) rn m LO 0)z Z M O O O 0 M O l0 N if) N N %D Ln F .`L .O 0 H M r-I 0 � CD o 0 0 0 0 Ln o O U < O O O O o O O r-4 H •-1 r-1 H H rl M O O N a I H w a z � o a (z a < 0 a o co z F rr+ w Z 0 > 0 O >+ U F+ +' < U F w a x F W C7 z a a H D a £ F 3 F a x O O U)E. x F m H a Q ❑ a 0 a N a um: > m z m n w a > a 0 0 0 o O o 0 Ln Lo LO o Ln o Lf) N OH W O FO-7 a a a F F > 3 0 ) 0031 A/P - AP6002 CHECKS TO BE VOIDED 4:53PM 05/07/02 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 49217 DEF 04/26/02 TOTAL VOIDED 10.00 &01720 SHANNAN CONLEY 10.00 INVOICE DESCRIPTION DOG LICENSE REFUND 11I8IKN TdT 4.(P4" COUNCIL/RDA MEETING DATE: May 21, 2002 Transmittal of Treasurer's Report as of March 31, 2002 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: a -- STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated March 31, 2002 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. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. R&pectfvffi sub Johr M. Falconet, Fifiance Director Approved for Submission by: Thomas P. Genovese City Manager Attachment 1 : Treasurer's Report, City of La Quinta 03) ATTACHMENT `I Tdf 4 4& Q" MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for March 31, 2002 DATE: April 30, 2002 Attached is the Treasurers Report for the month ending March 31, 2002. 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 $4,924,312 (1) ($3,908,994) $1,015,318 ($3,908,994) LAW $17,462,411 435,000 17,897,411 435,000 US Treasuries (2) $57,920,660 82,037 58,002,697 82,037 US Gov't Agencies (2) $12,977,185 3,024 12,980,209 3,024 Commercial Paper (2) $8,997,556 7,997,251 (9,000,000) 2,444 7,997,251 (1,000,305) Mutual Funds $8,464,067 1 205,144 8,258,923 205,144 Total 110 746191 $8,432,251 13 114 138 87 505 $106 151 809 4 594 382 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. 3 0� Da e rwuwLa (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. 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O.e e e e a IOe e O e �I� V U7 V V O'I 7M M N N V', �VMVCl) V ;-,000(D 10 N 4 N N C C C C CID EE E C C N C C y L C (D y C a) c`�amE UQ a 10 a) G U C 67 �Q a M C y U d LL Q 1 W LL Q0� O O 0- O O 5- 0 7 m m c � �E C NO E``N� M M M y ```�a 6 M (O y j 1 ..,y 7 O W W W a�Nd� W W W (0 v w m a)s� d i (0 (0 N N N Q) (Q N N N C a)J C O f0 f9 <6 N 7 7 7 W f0 i0 0 2' 7 7� O N � j C C C N LL C C C .x > Q LL C C C N— C C C .x > Q i� 2 Q Q Q (n Q J < < < < J � Sy 1 0 �11 CITY OF LA QUINTA BALANCE SHEET 03I31102 ASSETS: POOLED CASH LORP INVESTMENT IN POOLED CASH INVESTMENT T-BILLMOTEQ 9 OTHER AUTO MALL CASH LORP CASH BOND REDEMPTION CASH BOND RESERVE CASH BOND PROJECT CASH BOND ESCROW CASH PETTY CASH CASH 6INVESTMENT TOTAL INVESTMENT IN LAND HELD FOR RESALE TOTAL ASSETS LIABILITIES: CITY CITY RDA RDA FA FOOED LONG TERM FIXED LONG TERM FINANCING LONG TERM GRAND CRY ASSETS DEBT RDA ASSETS DEBT AUTHORITY DEBT TOTAL 8,742,306.01 9,365,112.79 98.403 42 18,205.822 22 670,000.00 670.000 00 41.980.000.00 41,980.000 00 35,907.17 35.907 17 4,300.74 1.933,67 6,23441 44,862,133.68 551,554 71 45,413.688 39 1.000.00 1,000.00 50,723,306.01 54,937,454.38 651.891.80 106,312,652 19 ACCOUNTS RECEIVABLE 46,194.40 60,900.00 107,094 40 (160.842.83) PREMIUMIDISCOUNT ON INVESTMENT (54.624.69) (106,218.14) 30 LQRP-ACCOUNTS RECEIVABLE 46,280.30 , 28 28,12525 00 INTEREST RECEIVABLE 28,125.00 13,489,453.69 13,489,453.69 LOANINOTES RECEIVABLE 820.898 89 DUE FROM OTHER AGENCIES 820,898.89 2.299.096 69 DUE FROM OTHER AGENCIES - CVAG 2,299,096.69 (2.299,0969) CVAG ALLOWANCE (2,299,096.69) 0 37 0 DUE FROM OTHER GOVERNMENTS 0.37 551.038 04 DUE FROM OTHER FUNDS 551,038.04 8,497,550.20 DUE FROM RDA 8,497,550.20 3.739,748 13 INTEREST ADVANCE -DUE FROM RDA 3,739,748.13 2,689,218.06 2,745,701 28 ADVANCES TO OTHER FUNDS 56,483.22 4,706.86 NSF CHECKS RECEIVABLE 4.706.86 83340 ACCRUED REVENUE 833.40 20.711.742 00 FIXED ASSETS 20,711,742.00 7148 ACCUMULATED DEPRECIATION 711.534.48 4, 00 TRAVEL ADVANCES 4.155.00 ,15555 EMPLOYEE ADVANCES t 5,496.25 PREPAID EXPENSES RECEIVABLE TOTAL 15 496.25 13,870,268.11 20,711,742.00 16,731,505.35 51,313.51546 WORKER COMPENSATION DEPOSIT RENT DEPOSITS 75.00 UTILITY DEPOSITS 75.00 2,1 DO 00 MISC. DEPOSITS 2100.00 2.175.00 DEPOSITS TOTAL 2.175.00 GENERAL FIXED ASSETS 9,988,279.05 9,988,279.05 ACCUMULATED DEPRECIATION 3,395,117.03 3,395,117.03 AMOUNT AVAILABLE TO RETIRE LIT DEBT AMOUNT TO BE PROVIDED FOR L7T DEBT 951,847.65 80,866,860.97 7,750,000.00 09,568,708 62 TOTAL OTHER ASSETS 951,847.65 9,988,279.05 84,261,978.00 7,750,000.00 102.952.104.70 ACCOUNTS PAYABLE DUE TO OTHER AGENCIES DUE TO OTHER FUNDS INTEREST ADVANCE -DUE TO CITY ACCRUED EXPENSES PAYROLL LIABILITIES STRONG MOTION INSTRUMENTS FRINGE TOED LIZARD FEES SUSPENSE DUE TO THE CITY OF LA QUINTA PAYABLES TOTAL ENGINEERING TRUST DEPOSITS SO. COAST AIR QUALITY DEPOSITS LORP DEPOSITS DEVELOPER DEPOSITS MISC. DEPOSITS AGENCY FUND DEPOSITS TOTAL DEPOSITS 64 595 742 12 20 711 742 00 951,847.65 71.08 959.73 9 988,279.05 84 261 978 00 651 891 80 7 750 000 00 260 580 447 35 13,591.33 1,385,220.07 2,689,218.06 55,136.08 3,812.28 78,982.28 901.79 1,404,802.79 11,383,537.00 16.468.50 13,591 33 1,385,220.07 1,404,802.79 14.072.755.06 16,468 50 55,136.08 3.812.28 78,982.28 901.79 4,226,861.89 12,804,808.29 17.031,670 18 14,853.00 14,853.00 896,773.19 896,773.19 439,448.65 6 1,539,729.68 539,729 58 1,04 2,875,951.52 14,853.00 2,89090,804.52 DEFERRED REVENUE 934,698.89 11,378,904.00 12,313,602 89 12,313,602.89 OTHER LIABILITIES TOTAL 934.698.89 11,378,904.00 COMPENSATED ABSENCES PAYABLE 373,536.65 189,725.50 373,536.65 768,036.50 DUE TO THE CITY OF LA QUINTA 578.311.00 10,989,847 00 DUE TO COUNTY OF RIVERSIDE10,989,847.00 8,747,405.50 8,747,405.50 DUE TO C.V. UNIFIED SCHOOL DIST. DUE TO DESERT SANDS SCHOOL DIST. 64,335 000 00 7 750.000.00 72,085,000.00 BONDS PAYABLE TOTAL LONG TERM DEBT 951,847.65 84,261,978.00 7,750,000.00 92.963.825.65 8,037,512.30 951.847.65 24,198,565.29 84,261,978.00 7,750,0D0.00 125,199,903.24 TOTAL LIABILITIES EQUITY -FUND BALANCE 56,515,668.98 20,711,742.00 47.415.514.44 9,958,279.05 651,891.80 135,283,096.27 TOTAL LIABILITY 3 EQUITY 64 553181 28 20 711 742 00 951847.65 71,614,979.73 9,988,279.05 84,261 978 00 651,891,80 7,750,000 00 200,482.M5511 97.447.84 42.567.84 54,880.00 CASH 6 INVESTMENT TOTAL 106,312,652.19 1 PREMIUMIDISCOUNT ON INVESTMENT 1140.642.63) TOTAL 106,151,606.36 0L T4'1�t 4 w'*P 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 Statement of Revenue and Expenditures for the City of La Quinta. subunitteA, Johd M. Falconer, FJnance Director A proved for submission l Thomas P. Genovese City Manager Attachments 1: Revenue and Expenditures Report, March 31, 2002 04 _ ATTACHMENT CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2001 - 03/31/2002 FUNDS BUDGET RECEIVED RECEIVED General $15,928,908.75 $12,595,206.34 79.1 % Library 95,000.00 91,662.37 96.5% Gas Tax Revenue 435,318.27 387,840.44 89.1 % Cmaq/lstea 287,423.00 0.00 0.0% Federal Assistance 543,825.00 305,617.99 56.2% Assessment District 2000-1 0.00 14,145.99 0.0% Slesf (Cops) Revenue 102,391.75 101,982.44 99.6% Local Law Enforcement 27,004.00 27,356.56 101.3% Lighting & Landscaping 781,400.00 407,576.75 52.2% Quimby 16,500.00 139,901.28 847.9% Infrastructure 11,000.00 103,351.36 939.6% Village Parking 100.00 0.00 0.0% South Coast Air Quality 24,481.00 22,485.05 91.8% LQ Public Safety Officer 2,200.00 2,341.23 106.4% Interest Allocation 0.00 (37,462.50) 0.0% Capital Improvement 57,881,592.76 9,253,804.45 16.0% Lq Norte Capital Improvement 0.00 450.90 0.0% Urban Forestry 11,000.00 9,900.00 90.0% Equipment Replacement 363,180.00 364,700.08 100.4% Information Technology 1,000,000.00 1,020,093.54 102.0% Arts In Public Places 132,900.00 99,941.81 75.2% Transportation 307,100.00 561,061.32 182.7% Parks & Recreation 221,500.00 317,391.50 143.3% Civic Center 323,100.00 440,847.13 136.4% Library Development 167,900.00 179,645.98 107.0% Community Center 58,600.00 80,871.52 138.0% Street Facility 10,500.00 17,218.18 164.0% Park Facility 3,200.00 4,552.91 142.3% La Quinta Financing Authority 685,544.00 494,032.41 72.1 % RDA Project Area No. 1 80,489,860.00 69,647,537.50 86.5% RDA Project Area No. 2 11,376,903.00 5,108,697.54 44.9% Total $171 288 431.53 $101 762 752.07 59.4% 0''J *173 CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07/01/2001 - 03/31/2002 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET % EXPENDED General $17,096,895.98 $9,539,867.93 $29,925.45 $7,527,102.60 55.8% Library 0.00 0.00 0.00 0.00 0.0% Gas Tax 594,378.00 316,199.97 0.00 278,178.03 53.2% Cmaq/lstea 287,423.00 0.00 0.00 287,423.00 0.0% Federal Assistance 166,638.99 31,813.99 0.00 134,825.00 19.1 % Proposed Assessment District 682,553.47 571,335.68 0.00 111,217.79 83.7% Slesf (Cops) Revenue 100,191.75 83,939.25 0.00 16,252.50 83.8% Local Law Enforcement 0.00 1,819.63 0.00 (1,819.63) 0.0% Lighting & Landscaping 781,400.00 586,050.03 0.00 195,349.97 75.0% Quimby 382,806.29 154,599.33 0.00 228,206.96 40.4% Infrastructure 3,085,766.34 476,675.96 0.00 2,609,090.38 15.4% Village Parking (1,892.85) 0.00 0.00 (1,892.85) 0.0% South Coast Air Quality 0.00 4,836.69 0.00 (4,836.69) 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 57,881,593.11 9,253,804.44 3,952.43 48,623,836.24 16.0% Lq Norte Capital Improvement 0.00 63,579.59 0.00 (63,579.59) 0.0% Urban Forestry 11,000.00 9,900.00 0.00 1,100.00 90.0% Equipment Replacement 380,209.00 126,899.59 47,987.47 205,321.94 33.4% Arts In Public Places 689,515.71 50,670.46 0.00 638,845.25 7.3% Transportation 3,035,989.00 381,105.52 0.00 2,654,883.48 12.6% Parks & Recreation 4,508,263.00 240,955.06 0.00 4,267,307.94 5.3% Civic Center 204,660.00 153,495.00 0.00 51,165.00 75.0% Library Development 623,324.00 37,775.26 0.00 585,548.74 6.1 % 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 476,372.00 239,127.45 3,490.05 233.754.50 50.2% La Quinta Financing Authority 1,209,498.78 488,259.00 0.00 721,239.78 40.4% RDA Project Area No. 1 51,752,942.46 37,965,746.33 0.00 13,787,196.13 73.4% RDA Project Area No. 2 16,842,472.44 7,308,539.23 6,400.00 9,527,533.21 43.4% Total $160 792 000.47 $68,086 995.39 $91,755.40 $92 613 249.68 42.3% 4 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 TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines AB939 State of California Grant Fire servicesCredit CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST Gain on sale of investments MISCELLANEOUS Miscellaneous Revenue Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 07/0112001 - 03/31/2002 REMAINING % BUDGET RECEIVED BUDGET RECEIVED 520,600.00 304,721.14 215,878.86 58.530% 450,600.00 420,191.06 30,408.94 93.250% 380,000.00 285,947.56 94,052.44 75.250% 3,217,500.00 2,397,338.68 820,161.32 74.510% 3,595,000.00 2,186,464.48 1,408,535.52 60.820% 537,500.00 218,835.68 318,664.32 40.710% 8,701,200.00 5,813,498.60 2,887,701.40 66.810% 152,000.00 128,799.10 23,200.90 84.740% 12,400.00 9,324.25 3,075.75 75.200% 412,500.00 875,073.20 (462,573.20) 212.140% 89,400.00 140,548.23 (51,148.23) 157.210% 68,000.00 149,072.91 (81,072.91) 219.220% 37,000.00 80,579.22 (43,579.22) 217.780% 48,300.00 36,492.98 11,807.02 75.550% 819,600.00 1,419,889.89 (600,289.89) 173.240% 2,150.00 753.05 1,396.95 35.030% 157,825.00 124,601.01 33,223.99 78.950% 357,950.00 569,569.53 (211,619.53) 159.120% 222,000.00 174,123.61 47,876.39 78.430% 468,550.00 493,843.95 (25,293.95) 105.400% 1,208,475.00 1,362,891.15 (154,416.15) 112.780% 1,257,600.00 957,192.95 300,407.05 76.110% 50,300.00 22,199.02 28,100.98 44.130% 25,000.00 40,582.00 (15,582,00) 162.330% 5,000.00 12,471.71 (7,471,71) 249.430% 159,900.00 106,527.94 53,372.06 66.620% 134,105.00 72,038.80 62,066.20 53.720% 1,595,979.00 798,744.00 797,235.00 50.050% 126,700.00 32,309.17 94,390.83 25.500% 3,354,584.00 2,042,065.59 1,312,518.41 60.870% 1,535,600.00 1,369,458.43 166,141.57 89.180% 0.00 461,082.85 (461,082.85) 0.000% 27,700.00 40,667.66 (12,967.66) 146.810% 0.00 (106.71) 106.71 0.000% 27,700.00 40,560.95 (12,860.95) 146.430% 281,749.75 85,758.88 195,990.87 30.440% 15,928,908.75 12,595,206.34 3,333,702.41 79.070% 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 CMAQIISTEA 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 QUIMBY REVENUE: Quimby Fees Interest TOTAL QUIMBY REMAINING % BUDGET RECEIVED BUDGET RECEIVED 75,000.00 75,000.00 0.00 100.000% 20,000.00 16,662.37 3,337.63 83.310% 95 000.00 91 662.37 3,337.63 96.490% 135,600.00 110,403.06 25,196.94 81.420% 98,200.00 76,184.97 22,015.03 77.580% 175,100.00 145,992.20 29,107.80 83.380% 5,000.00 6,000.00 (1,000.00) 120.000% 13,718.27 39,324.42 (25,606.15) 286.660% 7,700.00 9,935.79 (2,235.79) 129.040% 435,318.27 387,840.44 47,477.83 89.090% 287,423.00 0.00 287,423.00 0.000% 0.00 0.00 0.000% 287 423.00 0.00 287,423.00 0.000% 543,825.00 305,617.99 238,207.01 56.200% 0.00 0.00 0.000% 543 825.00 305,617.99 238,207.01 56.200% 14,145.99 (14,145.99) 0.000% 0.00 0.00 0.000% 0.00 0.00 0.000% 0.00 0.00 0.000% 0.00 14145.99 (14,145.99) 0.000% 100,191.75 100,191.75 0.00 100.000% 2,200.00 1,790.69 409.31 81.400% 102 391.75 101,982.44 409.31 99.600% 26,704.00 26,704.00 0.00 100.000% 300.00 652.56 (352.56) 217.520% 0.00 0.00 0.000% 27 004.00 27 356.56 (352.56) 101.310% 781,400.00 407,576.75 373,823.25 52.160% 0.00 0.00 0.000% 0.00 0.00 0.000% 781 400.00 407 576.75 373,823.25 52.160% 126,375.00 (126,375.00) 0.000% 16,500.00 13,526.28 2,973.72 81.980% 16 500.00 139,901.28 (123,401.28) 847.890% (! 5 0 UU0 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) INFRASTRUCTURE REVENUE: Infrastructure Fee Interest Transfer in TOTAL INFRASTRUCTURE VILLAGE PARKING REVENUE: Interest TOTAL VILLAGE PARKING SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution Interest TOTALSCAQ LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transfer In TOTAL INTEREST ALLOCATION CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside State of Ca- Office Emer. Services JPIA IID DSUSD State of California SB300 Funding Surface Transportation SB821-Bicycle Path Grant APP Contribution Developer Agreement Funding Transfers in From Other Funds TOTAL CIP REVENUE LQ NORTE CAPITAL IMPROVEMENT FUND: Prepayment Bond Proceeds Interest TOTAL LQ NORTE CIP URBAN FORESTRY Grant Revenue Interest TOTAL URBAN FORESTRY REMAINING % BUDGET RECEIVED BUDGET RECEIVED 0.00 0.00 0.000% 11,000.00 103,351.36 (92,351.36) 939.560% 0.00 0.00 0.00 0.000% _ 11,000.00 103,351.36 (92,351.36) 939.560% 100.00 0.00 100.00 0.000% 100.00 0.00 100.00 0.000% 21,881.00 20,933.46 947.54 95.670% 2,600.00 1,551.59 1,048.41 59.680% 24,481.00 22,485.05 1,995.95 91.850% 2,000.00 2,000.00 0.00 100.000% 200.00 341.23 (141.23) 170.620% 2,200.00 2,341.23 (141.23) 106.420% (37,462.50) 37,462.50 0.000% 0.00 0.00 0.000% 0.00 (37 462.50) 37,462.50 0.000% 13,655,958.18 2,399,662.12 11,256,296.06 17.570% 1,709,906.00 0.00 1,709,906.00 0.000% 0.00 0.00 0.000% 0.00 0.00 0.000% 25,000.00 25,000.00 0.00 100.000% 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 530,600.00 0.00 530,600.00 0.000% 19,365.74 0.00 19,365.74 0.000% 12,000,118.00 0.00 12,000,118.00 0.000% 93,175.00 37,822.00 55,353.00 40.590% 0.00 0.00 0.000% 182,142.84 59,149.77 122,993.07 32.470% 29,665,327.00 6,732,170.56 22,933,156.44 22.690% 57 881,592.76 9,253,804.45 48,627,788.31 15.990% 0.00 0.00 0.000% 0.00 0.00 0.000% 450.90 (450.90) 0.000% 0.00 450.90 (450.90) 0.000% 11,000.00 9,900.00 1,100.00 90.000% 0.00 0.00 0.000% 11,000.00 9,900.00 1,100.00 90.000% r , c; A ♦I 0G1 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution Interest Transfers In TOTAL EQUIPMENT REPLACEMENT REMAINING % BUDGET RECEIVED BUDGET RECEIVED 304,980.00 304,982.00 (2.00) 100.000% 0.00 0.00 0.000% 58,200.00 59,718.08 (1,518.08) 102.610% 0.00 0.00 0.000% 363,180.00 364,700.08 (1,520.08) 100.420% INFORMATION TECHNOLOGY FUND: Charges for services 0.00 0.00 0.000% Capital Contribution 0.00 0.00 0.000% Interest 20,093.54 (20,093.54) 0.000% Transfers In 1,000,000.00 1,000,000.00 0.00 100.000% _ TOTAL INFORMATION TECHNOLOGY 1,000,000.00 1,020,093.54 (20,093.54) 102.010% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places Arts in Public Places Credits Applied Interest TOTAL ARTS IN PUBLIC PLACES TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION PARKS & RECREATION Developer fees Interest Transfer in TOTAL PARKS & RECREATION 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 111,300.00 81,111.51 30,188.49 72.880% 0.00 0.00 0.000% 21,600.00 18,830.30 2,769.70 87.180% 132,900.00 99,941.81 32,958.19 75.200% 284,000.00 466,297.46 (182,297.46) 164.190% 23,100.00 94,763.86 (71,663.86) 410.230% 0.00 0.00 0.000% 307100.00 561,061.32 (253,961.32) 182.700% 201,000.00 273,286.00 (72,286.00) 135.960% 20,500.00 44,105.50 (23,605.50) 215.150% 0.00 0.00 0.000% 221500.00 317,391.50 (95,891.50) 143.290% 284,500.00 405,801.79 (121,301.79) 142.640% 38,600.00 35,045.34 3,554.66 90.790% 0.00 0.00 0.000% 323100.00 440,847.13 (117,747.13) 136.440% 150,000.00 160,681.00 (10,681.00) 107.120% 17,900.00 18,964.98 (1,064.98) 105.950% 0.00 0.00 0.000% 167 900.00 179,645.98 (11,745.98) 107.000% 53,500.00 72,812.00 (19,312.00) 136.100% 5,100.00 8,059.52 (2,959.52) 158.030% 58 600.00 80 871.52 (22,271.52) 138.010% 1 :: `,�tj fjG8 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) STREET FACILITY PARK FACILITY Developer fees Interest TOTAL STREET FACILITY Developer fees Interest TOTAL PARK FACILITY REMAINING % BUDGET RECEIVED BUDGET RECEIVED 9,500.00 15,443.22 (5,943.22) 162.560% 1,000.00 1,774.96 (774.96) 177.500% 10,500.00 17,218.18 (6,718.18) 163.980% 3,000.00 4,083.00 (1,083.00) 136.100% 200.00 469.91 (269.91) 234.960% 3,200.00 4,552.91 (1,352.91) 142.280% L)Vj40 Clyfil Wl IlQ.k7Kl If x*4 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT REMAINING % BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED GENERAL GOVERNMENT: LEGISLATIVE 585,800.00 301,589.82 0.00 284,210.18 51.5% CITY MANAGER'S OFFICE 613,200.00 403,537.86 0.00 209,662.14 65.8% ECONOMIC DEVELOPMENT 935,000.00 541,398.27 0.00 393,601.73 57.9% PERSONNEURISK MGT 572,872.00 451,848.95 0.00 121,023.05 78.9% TOTAL GENERAL GOVERNMENT 2,706,872.00 1,698,374.90 0.00 1,008,497.10 62.7% FINANCE: CITY CLERK FISCAL SERVICES 542,515.00 404,364.69 0.00 138,150.31 74.5% CENTRAL SERVICES 311,205.00 182.100.38 0.00 129,104.62 58.5% TOTAL FINANCE 853,720.00 586.465.07 0.00 267,254.93 68.7% 373,750.00 258,785.10 0.00 114,964.90 69.2% COMMUNITY SERVICES SENIOR CENTER 265,475.00 178,270.69 0.00 87,204.31 67.2% PARKS & RECREATION ADMINISTRATION 812,058.00 450,895.37 8,049.03 353,113.60 55.5% PARKS & RECREATION PROGRAMS 90,800.00 42,713.19 0.00 48,086.81 47.0% TOTAL COMMUNITY SERVICES 1,168,333.00 671,879.25 8,049.03 488,404.72 57.5% POLICE 4,189,385.75 1,714,185.01 7,840.56 2,467,360.18 40.9% BUILDING & SAFETY: BUILDING & SAFETY - ADMIN 179,700.00 140,270.83 0.00 39,429.17 78.1 % CODE COMPLIANCE 478,484.00 298,023.12 0.00 180,460.88 62.3% ANIMAL CONTROL 166,043.00 107,649.54 0.00 58,393.46 64.8% BUILDING 713,488.00 483,564.01 0.00 229,923.99 67.8% EMERGENCY SERVICES 96.524.00 69,829.05 10,158.75 16,536.20 72.3% FIRE 1,663,257.00 832,596.24 0.00 830,660.76 50.1% CIVIC CENTER BUILDING -OPERATIONS 1,088.751.00 820,063.37 0.00 268,687.63 - 75.3% TOTAL BUILDING & SAFETY 4,386,247.00 2,751,996.16 10,158.75 1,624,092.09 62.7% COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 472,450.00 281,817.99 0.00 190,632.01 59.7% CURRENT PLANNING 814,807.00 403,106.71 0.00 411,700.29 49.5% TOTAL COMMUNITY DEVELOPMENT 1,287,257.00 684.924.70 0.00 602,332.30 53.2% PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 336,100.00 209,148.76 1,000.00 125,951.24 62.2% DEVELOPMENT & TRAFFIC 943,668.00 590,999.91 0.00 352,668.09 62.6% MAINT/OPERATIONS- STREETS 1,431,059.00 434,235.61 0.00 996.823.39 30.3% MAINT/OPERATIONS - LTG/LANDSCAPING 1,359,699.00 893.618.88 2,877.11 463,203.01 65.7% CAPITAL PROJECTS 387,420.00 133,757.71 0.00 253,662.29 34.5% TOTAL PUBLIC WORKS 4,457,946.00 2,261,760.87 3,877.11 2,192,308.02 50.7% TRANSFERS OUT GENERAL FUND REIMBURSEMENTS NET GENERAL FUND EXPENDITURES 1,706,691.00 1,310,589.89 (4,033,305.77) (2,399,093.02) 0.00 396.101.11 76.8% 0.00 (1,634,212.75) 59.5% 17,096,895.98 9,539,867.93 29 925.45 7,527,102.60 55.8% U10 CITY OF LA QUINTA 07/01/2001 - 03/31/2002 OTHER CITY FUNDS REMAINING % EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED LIBRARY FUND: PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 0.0% GAS TAX REIMBURSE GENERAL FUND 421,600.00 316,199.97 0.00 105,400.03 75.0% TRANSFER OUT 172,778.00 0.00 0.00 172,778.00 0.0% REIMBURSE GE TOTAL GAS TAX 594,378.00 316 199.97 0.00 278 178.03 53.2% QUIMBY FUND: TRANSFER OUT 382 806.29 154 599.33 0.00 228 206.96 40.4% FEDERAL ASSISTANCE FUND: TRANSFER OUT 166 638.99 31 813.99 0.00 134,825.00 19.1 % SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 4,836.69 0.00 (4,836.69) 0.0% TRANSFER OUT 0.00 0.00 0.00 0.0% TOTAL SOUTH COAST AIR QUALITY 0.00 4,836.69 0.00 (4,836.69) 0.0% CMAQ/ISTEA TRANSFER OUT 287 423.00 0.00 0.00 287 423.00 0.0% VILLAGE Parking TRANSFER OUT (1,892.85) 0.00 0.00 (1,892.85) 0.0% LA QUINTA PUBLIC SAFETY CONTRIBUTIONS 0.00 0.00 0.00 0.00 0.0% LLEBG FUND TRANSFER OUT 0.00 1,819.63 0.00 (1,819.63) 0.0% SLESF(COPS) TRANSFER OUT 100 191.75 83 939.25 0.00 16 252.50 83.8% LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 781,400.00 586,050.03 0.00 195,349.97 75.0% TRANSFER OUT 0.00 0.00 0.00 0.0% TOTAL LTG/LANDSCAPING FUND 781 400.00 586 050.03 0.00 195,349.97 75.0% INFRASTRUCTURE FUND CONSTRUCTION 4,670.00 0.00 0.00 4,670.00 0.0% REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.0% TRANSFER OUT 3,081,096.34 476,675.96 0.00 2,604,420.38 15.5% TOTAL INFRASTRUCTURE 3,085,766.34 476 675.96 0.00 2,609,090.38 15.4% 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 682,553.47 571,335.68 0.00 111,217.79 83.7% TOTAL AD 2000-1 682 553.47 571 335.68 0.00 111 217.79 83.7% 1 A. CITY OF LA QUINTA 07/01/2001 - 03/31/2002 OTHER CITY FUNDS REMAINING % EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.0% TRANSFER OUT 3,035,989.00 381,105.52 0.00 2,654,883.48 12.6% TOTAL TRANSPORTATION 3,035,989.00 381 105.52 0.00 2,654,883.48 12.6% PARKS & RECREATION PROGRAM COSTS 0.00 0.00 0.00 0.0% TRANSFER OUT 4,508,263.00 240,955.06 0.00 4,267,307.94 5.3% TOTAL PARKS & RECREATION 4,508,263.00 240 955.06 0.00 4,267,307.94 5.3% CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 0.0% REIMBURSE GENERAL FUND 204.660.00 153.495.00 0.00 51,165.00 75.0% TRANSFER OUT 0.00 0.00 0.00 0.0% TOTAL CIVIC CENTER 204,660.00 153 495.00 0.00 51 165.00 75.0% LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 0.0% TRANSFER OUT 623,324.00 37,775.26 0.00 585,548.74 6.1% TOTAL LIBRARY DEVELOPMENT 623,324.00 37,775.26 0.00 585 548.74 6.1 % 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 56,653,148.34 8,958,353.42 3,952.43 47,690,842.49 15.8% PROJECT REIMBURSEMENTS TO GEN FUND 1,228,444.77 295,451.02 0.00 932,993.75 24.1 % TOTAL CAPITAL IMPROVEMENT 57,881,593.11 9,253,804.44 3,952.43 48 623 836.24 16.0% ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 2,000.00 1.550.00 0.00 450.00 77.5% OPERATING EXPENSES-APP 5.000.00 (785.00) 0.00 5,785.00 -15.7% ART PURCHASES 265,340.00 27,737.50 0.00 237,602.50 10.5% TRANSFER OUT 417,175.71 22,167.96 0.00 395,007.75 5.3% TOTAL ART IN PUBLIC PLACES 689,515.71 50 670.46 0.00 638 845.25 7.3% LQ NORTE (97-1) CIP FUND PROJECT EXPENSES 0.00 4,176.20 0.00 (4,176.20) 0.0% TRANSFER OUT 0.00 59 403.39 0.00 (59 403.39) 0.0% TOTAL LQ NORTE (97-1) CIP FUND 0.00 63,579.59 0.00 (63 579.59) 0.0% URBAN FORESTRY GRANT TRANSFER OUT 11,000.00 9,900.00 0.00 1,100.00 90.0% VILLAGE PARKING TRANSFER OUT (1,892.85) 0.00 0.00 (1,892.85) 0.0% INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 476,372.00 239,127.45 3,490.05 233 754.50 50.2% EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 380,209.00 126 899.59 47 987.47 205 321.94 33.4% c&ht 4 etP Q" COUNCIL/RDA MEETING DATE: May 21, 2002 Approval of a Resolution Authorizing Access to Sales and Use Tax Records Pursuant to Revenue and Taxation Code Section 7056 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council authorizing access to Sales and Use Tax Records Pursuant to Revenue and Taxation Code Section 7056. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 7, 1995, the City of La Quinta passed Resolution No. 95-84 authorizing access to sales and use tax records pursuant to Revenue and Taxation Code Section 7056. That Resolution named specific individuals in specific job positions and must be rescinded, and an updated Resolution adopted, to reflect changes in personnel and necessary information for compliance. In a letter dated April 22, 2002, the State Board of Equalization informed the City that their files were being updated, and a new Resolution was needed from the City, identifying specific key points recommended by their legal staff. Information access may be authorized by designation of position/title, rather than individuals' names, thus providing for automatic transfer of Section 7056 authority when personnel changes occur. It is also necessary to authorize information access to allocation information and confidential registration information pertaining to taxpayers in our jurisdiction, in order for the City to obtain sales tax information. n The information is used to verify correct allocation to the City of La Quinta and to analyze and forecast sales tax revenue. In addition, the City's consultant Hinderliter, del -lamas & Associates must be authorized to obtain this information on the City's behalf, in order to assist the City with verification and analysis of sales tax revenues. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a Resolution authorizing access to Sales and Use Tax Records Pursuant to Revenue and Taxation Code Section 7056; or 2. Do not approve a Resolution authorizing access to Sales and Use Tax Records Pursuant to Revenue and Taxation Code Section 7056; or 3. Provide Staff with alternative direction. Respectfully submitted, Approved for submission by: Thomas P. Genovese, City Manager 0E.L _002 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS WHEREAS, pursuant to Ordinance No. 3, an ordinance imposing a sales and use tax to be administered by the State Board of Equalization and providing penalties for violation, dated May 1, 1982, as amended by Ordinance No. 44, dated December 20, 1983 ("Contract") the City of La Quinta and the State Board of Equalization ("Board") entered into a contract to perform all functions incident to the City's Administration and collection of local sales and use taxes; and WHEREAS, the City Council of the City of La Quinta deems it desirable and necessary for authorized representatives of the City to examine confidential records pertaining to sales and use taxes collected by the Board on behalf of the City pursuant to the Contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board records, and establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales and use tax records of the Board; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA HEREBY RESOLVES AS FOLLOWS: Section 1. The following City officials are hereby designated as the City's representatives authorized to examine records of the Board pertaining to sales and use taxes collected on behalf of the City pursuant to the Contract: City Manager Finance Director Accounting Manager Account Clerk Section 2. The aforementioned City employees are hereby authorized to examine the sales and use tax records only for purposes relating to the collection of City sales and use taxes by the Board. These efforts include: ■ Business License Administration ■ Revenue Budget Administration ■ Redevelopment Agency Administration 003 Section 3. Hinderliter, de Llamas & Associates is hereby designated as the City's independent representative duly authorized to examine the sales and use tax records of the Board pertaining to sales and use taxes collected for the City by the Board. Pursuant to the Contract Services Agreement dated July 12, 1994 ("Hinderliter Contract"), Hinderliter, de Llamas & Associates is: a) Authorized to examine those sales and use tax records; b) Required to disclose information contained in, or derived from, those sales and use tax records only to those City officials authorized under Section 1 of this resolution to examine the information; c) Prohibited from performing consulting services for a retailer during the term of that contract; and d) Prohibited from retaining the information contained in, or derived from those sales and use tax records, after that contract has expired. As stated in the Hinderliter Contract, Hinderliter, de Llamas & Associates may only use information obtained during its examination of Board records for purposes of collecting'City sales and use taxes. Section 4. This resolution supercedes all prior resolutions of the City Council of the City of La Quinta adopted pursuant to subdivision (b) of California Revenue and Taxation Code Section 7056. Section 5. The City Clerk shall certify to the adoption of this Resolution and send a certified copy to: State Board of Equalization 450 N. Street P.O. Box 942879 Sacramento, CA 94279-0027 PASSED, APPROVED AND ADOPTED at a regular meeting of the La Quinta City Council, held on this 21 st day of May, 2002 by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: 0EJ 064 JOHN J. PEIVA, Mayor City of La Quinta, California ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: KATHY JENSON, City Attorney City of La Quinta, California U� T4ht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 21, 2002 CONSENT CALENDAR: 1-5 ITEM TITLE: Approval of Improvements Associated with STUDY SESSION: Tract 28470-1, Tradition PUBLIC HEARING: Accept improvements for Tract 28470-1 and authorize staff to release security upon receiving the 10% one year warranty security. Acceptance of the improvements will impact the General Fund as follows: Maintenance and street sweeping on Avenue 52 is estimated to be $4,742 annually. Landscaping and irrigation maintenance of the Avenue 52 median and the parkway along Avenue 52 between the existing wall and Avenue Nuestra is estimated to be $8,900 annually. None. Tract 28470-1, Tradition, is located south of Avenue 52 at the terminus of Washington Street (Attachment 1). All improvements are now complete and other obligations of the Subdivision Improvement Agreement (SIA) have been satisfied. Included as Attachment 2 is a spreadsheet indicating security to be released after the City receives the 10% one year warranty security. 065 TAMDEMCOUNCIL\2002\020521 a.wpd The alternatives available to the City Council include: 1 . Accept improvements to Tract 28470-1 and authorize staff to release security upon receiving warranty security; or 2. Provide staff with alternative direction. Respectfully submitted, R F. ephenson, P.E. Interim Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Security Outline 063 T:\PWDEPT\C0UNCIL\2002\020521 a.wpd 002 ATTACHMENT 1 Nil b Sbi it rig rib N11T E 3 ti s rn_ yer T gp y°E ;:r Ald rl�rc G■� �� G■ i j U) a4 e f=VM[ w If[M UTA.!•1) t■/d! AC/ln) I AtYln 1/CAMw L71n to — Z —� Is ow nm - to rwd bdd iArun Ww" nflr �d yr �6 w w � SON — — —1l�■QB nrt � r F Avna — I kprr }I rig I T Wn s Ardr An &vW ltrr �% �yrg11 1 .r. )1k� wdrwa■r■o" rrsr9 �91 IQ 6� _� isl■limiwm I\rPi i5i I IIF n�� "r�F� Arrrr.Acw■ r e,yJre►' F I ° syKR`r gad .14 1€ . fi .I y IV SNEE I IL Y n� ° I 1�: `> ; .curl✓ �. 't s arhn M.��NL t:. •.�� r � i) - �� - �I �� ' �\� ``YV.� /r r I � II e��l� 1111 � I a 1d' ���j • - -Ar[u �i�-,.,_1� __ moor — — ^ ` ' 1�, Awes a am v" uuumr= _ _ MI Mjr_ girl ilr��r i¢ Irip;mil �Ir— —p a1y1lr $ ea frt 6 TO r �1 �B! Ell 4 r r� ■s 1R (�� 00 ® () G ./u 004 ATTACHMENT 2 TRACT 28470-1 ---------Performance Security----------- Improvement Description Labor & Materials BondProposed Amour Reduction Reduced Amount Avenue 52 Street/Drainage/Signal $804,270 $804,270 90% $80,427 On Site Streets and Drainage $1,027,525 $1,027,525 90% $102,753 Off Site Water $134,206 $134,206 90% $13,421 On Site Water $913,744 $913,744 90% $91,374 Sanitary Sewer $464,686 $464,686 90% $46,469 Electrical $237,500 $237,500 90% $23,750 Monumentation $0 $11,000 100% $0 Totals: $3,581,931 $3,592,931 $358,194 Release performance security when warranty security is received. Release labor and materials security in 90 days (August 21, 2002). Release warranty security in one year (May 21, 2003). OUP TAMDEMCOUNCIL\2002\020521 a.wpd T4t!t 4 4 Q" COUNCIL/RDA MEETING DATE: May 21, 2002 Adoption of a Resolution Authorizing Access to State and Local Summary Criminal History Information for Employment, Licensing or Certification Purposes W11191VIIINIVII• AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution authorizing access to State and local summary criminal history information for employment, licensing or certification purposes. �7=ti�L•I'� None. None. As a condition to obtaining a Massage Therapy License, applicants must submit to a "Livescan" fingerprinting procedure in order to determine their criminal history. Certain previous convictions would prevent the applicant from obtaining a license. Currently an applicant may have their fingerprints scanned land electronically sent to the Department of Justice) at the Palm Desert Sheriff's station or at the SunLine offices. In the case of a La Quinta applicant, the resulting criminal history is sent by the Department of Justice to the Indio Sheriff's station. The information is then forwarded by Sheriff personnel to City staff who will issue or deny the license pending the criminal history. In the past there have been problems with communicating the needed information to the necessary City personnel in a timely manner. The adoption of the proposed Resolution would authorize specified City staff to receive the criminal history directly from the Department of Justice, thus eliminating the aforementioned problems. The information is considered extremely confidential and the only City staff that 061 G:\IivescanOK.wpd would be authorized to obtain it in conjunction with massage licensing would be the Building and Safety Director and the Community Safety Manager. The Personnel Manager would also be authorized to receive criminal history of applicants in conjunction with the employee recruitment process. Alternatives available to the City Council include: 1. Adopt a Resolution authorizing access to State and local summary criminal history information for employment, licensing or certification purposes; or 2. Do not adopt a Resolution authorizing access to State and local summary criminal history information for employment, licensing or certification purposes; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Director of Building and Safety Approved for submission by: J Thomas P. Genovese City Manager G AIivescanOK.wpd 0 A 002 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING ACCESS TO STATE AND LEGAL SUMMARY CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT LICENSING OR CERTIFICATION PURPOSES. WHEREAS, Penal Code Sections 11105(b)(10) and 13300(b)(10) authorize cities, counties and districts to access state and local summary criminal history information for employment, licensing or certification purposes; and WHEREAS, Penal Code Sections 11105(b)(10) and 13300(b)(10) require that there be a requirement or exclusion from employment, licensing, or certification based on specific criminal conduct on the part of the subject of the record; and WHEREAS, Penal Code Sections 11105(b)(10) and 13300(b)(10) require the City Council, board of supervisors, or governing body of a city, county, or district to specifically authorize access to summary criminal history information for employment, licensing, or certification purposes. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: That the City of La Quinta is hereby authorized to access summary criminal history information for employment (including volunteers and contract employees), licensing, or certification purposes; and That the City of La Quinta shall not consider a person who has been convicted of a felony or misdemeanor involving moral turpitude eligible for employment (including volunteers and contract employees), or licensing; except that such conviction may be disregarded if it is determined that mitigating circumstances exist, or that the conviction is not related to the employment, volunteerism or license in question. 003 Effective Date. This Resolution shall take effect upon adoption. PASSED, APPROVED and ADOPTED this 21 st day of May 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 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 004 T4ty,l °f 4Q" AGENDA CATEGORY: BUSINESS SESSION- COUNCIL/RDA MEETING DATE: May 21, 2002 CONSENT CALENDAR: STUDY SESSION: Denial of Claim for Damages PUBLIC HEARING: Filed by Richard and Marcia Pierce - Date of Loss: April 5, 2002 RECOMMENDATION: Deny the Claim for Damages filed by Richard and Marcia Pierce, with a reported date of loss of April 5, 2002. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Richard and Marcia Pierce, with a reported date of loss of April 5, 2002 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. recommended that the City Council deny the claim (Attachment 2). Correspondence was sent to Mr. and Mrs. Pierce 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 Richard and Marcia Pierce, with a reported date of loss of April 5, 2002; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. 073 Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Richard and Marcia Pierce Claim for Damages 2. Letter from Carl Warren & Co. 3. Letter from Carl Warren & Co. to Mr. and Mrs. Pierce 002 I FILE WITH: CITY CLERK'S OFFICE City of La Quints CLAIM FOR DAMAGES Tn ococ+^u ^n nmP%mr- —, ATTACHMENT 1 P.O. Box 1504 1 L-1 wvn vi N r rwr-crt r T- r s _ �-_ ���c E� La Quinta, CA 92253 r i D„ I I: 4 5 INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than six months after I T `I , L �` U I N T A the occurrence. (Gov. Code § 911.2.) � _ Y t S OFFICE 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code § 911.2.) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. T0: [Name of City] Date of Birth of Claimant Name of Claimant R i pke oc Occupation of Claimant G4 aNA CtL"a CA rtii C, e R-4,t- u'-e. Home Address of Claimant: City and State Home Telephone of Claimant: 2- ZS 4vQ, LfC VC-CtC) Lei a i k't CA 5 6 4-(-4 16 Business Address of Claimant City and State Business Telephone of Claimant N -VIA Give address and telephone number to which you desire notices or communications to be sent Claimant's Social Security No.: regardingclaim: 52—C2S/4v't.14WCA•ctw LaQoott% C4 9zzs3 -(6K1b 5s-&- z -ss�tQ When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE: Date: 'Ome: N1�4 If Claim is for Equitable Indemnity, give date claimant served with the complaint /1/0Al Date: Where did DAMAGE or INJURY occur? Describe fully. and locate on dianram nn rpvpmo cidp of fhic eham mih— and address and measurements from landmarks: S0ur%*-A/01-fiL, oh UJ41ytw51c--, SsI—e4ay 6cseh4Cuer CL'A- r-1 *7 tINAvc , SO;;iti Cat C-rS,0,Cc .t- Avt Sv 4- Tn.n,PicO- uescnoe In oetail now Me DAMAGE or INJURY occurred. Q-eguiav- alC«jr d.r;vk%,g ors S et-�crs�y f�aa,a���t fpacC I. £. cl¢ap {�fticlUer.'t Pctholes 00", 6ccuy C-rGc.k t 45Q�ali'• vvny oo you claim the city is responsible? 1 f:b.-,►vr-t -to h1r..ik roc,•¢ C r,;,d-►-tfch 6y ��l�yt �, i lli�9 ('crt ttcl�s Z. '4l10W:i.7 pr'cp-.r-�y 0fU%Vkvt 1-10 11av� �qv ¢ CLI'hcu.1,TS WCc'("er rvvvc-; wht t,. C Pot•ts i % i'�.e $tr,oii o.4a brt,.Icf Odcw;,% 4.4p�,.(1. Describe in detail each INJURY or DAMAGE KAcLIC I--.4t C,,Lk r`i57 �i ►`eS �119h>•+vt'. �11 t4 t W()kl c tvvtn) THIS CLAIM MUST BE SIGNED ON R ff4 S 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 ..................... $ % 9' Future expenses for medical and hospital care .$ Expenses for medical and hospital care ..... $ Future loss of earnings ....................$ Loss of earnings ........................ $ A& Other prospective special damages ..........$ � Special damages for ..................... $ -H Prospective general damages $ .............. General damages ....................... $ Total estimated prospective damages .......$ -�" Total damages incurred to date .......... $ 79— Total amount claimed as of date of presentation of this claim: $ 7G, Was damage and/or injury investigated by police? NU If so, what city? _ Were paramedics or ambulance called? A-'cI If so, name city or ambulance If injured, state date, time, name and address of doctor of your initial visit WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name .v-/�l Address Name Address Name Address Phone Phone Phone DOCTOR AND HOSPITALS: Hospital Address Phone Doctor Address Phone Doctor Address Phone READ CAREFULLY For all accident claims place on following diagram name of streets, including North, accident by "A-1" and location of yourself or your vehicle at the time of the accident East, South, And West; indicate place of accident by "X" and by showing house by "B-1" and the point of impact by "X." numbers or distances to street comers. If City Vehicle was involved, designate by letter "A' location of City Vehicle when you first saw it, and by 'B" location of yourself NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram or your vehicle when you first saw City Vehicle; location of City vehicle at time of signed by claimant. CURB 77 or person filing on to Claimant 1. P.t. NOTE: CLAIMS MUST BE FILED WITH CITY SIDEWALK SIDEWALK R t C �4 rod C_- Pierce CURB --I 13 APROI (Gov. Code § 915a.) Presentation of a false claim is a felony (Pen. Code § 72.) 005 %i 78-l05 COUNTRY CLUB DRIVE BERMUDA DUNLc� CA �2�01-9449 /7"0)360-L9216933738552, BAR REG# BEPA I.D. CAA 0 11:09 A TERR: 195 pAGE� o1 NONSIG: 90195 PlEi�.CE -- 5�625 AVE ALVAKADO LA QC��TA. �A 92253 64-6416 VEH YEAR/�AKE. ?9 mlSSAN-DATSUN VEHlCLE MODEL. SENTRA GXE ��/� R�QUL�STEb O4/13.'02 VEHICLE COLOR. wHITE Tin� REQUEC7ED LICENSE/STATE. 4�Yp909 / CA ODOMETR IN/O�T SESMeN.,,.,' p�lOR }NV��CE. 046536 OTHER {NFU..-, 2 REAR TIRE ARE G AINING. A�CU�W� � COP TC 02 V� V'!; V� V� 0� ('710 026 078-161 R 1 VEHICLE ALIGNMENT CHECK - ONLY MEASURE ALIGNMENT ANGLES �T[��HClNG REAR WHEELS - lNSP[CT TIRES � ADJUST Al9 PRESSUR[ - {NSP[CT ST[[RlNG & SUSPENSION COMPONENTS - pROV�DE CUMPLETE ALIGNMENT PRINT-OUT WITH MANUFACTURERS SPEClF�CAT0NS ��i� R \ ���L�J� (�D���A�0G) CT N[CT RlNG AND SUSPENSION TIRES. A0UST AIR PRESSURE - CO�P0N[NTS - MEASURE �0 C�rEIT AL{E4MEKT AKGLB ON FRONT AND REAR SHIM �DJUSTA8L[ WHEELS - PRUV{0[ PRlNT OUT W�T8 MANUFAC0RERS SP[ClFlCAT0NS - (SHIMS AND LABOR EXTRA WHERE REQUIRED) FAR.TS LELJRIEXCIISE LlNET0m"L .VV 34,00 34.(1 0 .V� 45.� ,VV _46-164t _ ROT__rQ ____ __ 0�'1� k > 12P0>NTYEHIOl lNSPECTlON .00 .00 0ECXBRAKBREMOVE WHEELS AND BRAKE DRUMS AS REQUlRED.lNcD83STEER�NGAND SUSP[NS10N SH0CKS STRUTS.[XKAUST SYST[M.W{P[RS.ilGHTS.CUOL[NG 5YSTEM.8ELTS AND H0SE^TKANSM[SSI0N.BATTERY AND STARTER. HE APPRECIATE YOUR BUSINESS! LET N[ KNOW lF YOU �AY[ ANY QUESTIONS OKCONCERNS J[RRY HU8 . BARD. MGR. NAPA NATIONWIDE LIMITED REPAIR WARRANTY CALL 800-4^2-6272 NE 00 PARTS 707AL....... .VV ^ CHECK AMOUNT ..... LABOR TOTAL ....... 79.00 SUB TOTAL ......... 79.00 79.00 TAXABLE AMOUNT .010 SALES 7A%.,,...'. .00 CUSTOMER AUTHOR{ZAT)�RN0TAL ������� ������K_ ss�� kE EE ������ �1 �� ���J � J �F` �F�����J � ���F= ��f 7� ���������� ���� ������������ T. ������� �14 �ry * Name Address Telephone Vehicle License Mileage Technician Time and Date Specifications .JACK SAUTER'S TIRE FACTORY BERMUDA DUNES 360-855a - - - -- 1 -- -- - -- - - - - - - - -------- --- - -- -- - - - --- - - - -----------------------------------------7---------- 99 SENTRA ________ 21891 62-------------------------------------------------- 23:29:40 03/31/02 Nissan 9 499 Sent ra w/ ps Left Front Right Front -------- T--------T-------- T--------- 1 r--------- T-------- T-------- T-------- 1 Min. I Nominall Max. ► Actual 4 ► Act Min. I Nominall Max. I -------------------------►-^--------4--------+-----------------i 1.330 {- 0.58`j t 0.170 ► - 0.8° Camber - 0.17" 1 I ! ► � ► I I I 0.670 1 1.420 1 c:17'' ► 1.20 4 Caster ► 1.00 4 0.67° 1 1.420 1 2.174, i 1 I ► ► � i I 1 0.001:1 1 0.100 1 0.2C>Q - .35''* Toe ► 0.080 4 0.000 1 0.100 1 0.20" I I I r 18.90 4 SAI ► 16.0c' 4 1 ► 1 i I ► � ► 4 I 1 t I I ► 18.10 4 Included Angle ► 14.40 4 1 1 1 I ! ► 4 ► 4 1 1 1 1 I ► 4 Turning Angle ► 4 1 1 1 I ► ! ► � I I i .------.�-1--------i--------L------ -- -J L------ , Front r--...-----T-------- T----'----T--------- ► Actual 4 Min. I Nominall Max. I ---------4--------+--------+--------i Cross Camber ► 0.80 4....... 1 0.000 1....... i ► 4 1 1 1 Cross Caster ► 0.20 4....... 1 0.000 1....... I 4 1 I I Total Toe-0.27O* 0.000 1 0.200 1 0.400 1 Set Back ► -0.420 4 1 1 1 ► 4 1 1 1 6---------- L--------- L--------- L--------./ Left Rear Right Rear .-----•--T---... ---T-.------T---------1 r---------T--------T-------- Min. I Nominall Max. ► Actual 4 ► Actual 4 Min. 1 Nominall'Max. I --------t-----------------►--------- 4 ►--------- 4--------+--------+- -----i 1. 750 1- 1.000 1- 0.250 ► - 0.90 4 Camber ► - 1.30 4- 1. '75c' 1- 1.000 1- 0.250 I 1 1 ► 4 ► 4 1 I I - 0.150 1 0.050 1 0.250 ► -0. 140 4 Toe ► -0. 100 4- 0.150 1 0.050 1 0.250 1 I I ► ► 4 1 1 1 •--------1--------Lr-.-.-----1---------� 1.---------1-------.-1-------- i.-------- J Rear ► Actual 4 Min. I Nominall Max. I ► --------- 4--------+--------+--------i Total Toe ► -0.240 4- 0.300 I 0.1011 1 0.500 1 ► � 1 { I Thrust Angle ► -0.020 4 1 I 1 ► 4 1 i t L--------- 1--------y--------1--------/ * VALUE IS NOT WITHIN SPECIFICATION. TIRE WEAR, HANDLING, AND SAFETY PROBLEMS MAY RESULT. 0 1' �.,► 007 L ame Adaress Te .t ephone Venicle License Mileage Ter.:hnician Time and Date Specifications JACK SAU'fER' S TIRE FACTORY BERMUDA DUNES 360-855C ----------------------------------------------------- ----------------------------------------------------- --------------------•----- 99_ SE)VT RA-------------------------------------------- 4DYP9(t9_CA------------------------------------------ 21891 ------------------------------------------ 6c------------------------------------------------- 3: 36: 18 0 3/31 /02 Nissan 95-)-99 Sent ra w/ ps Left Front ilin. I Nominall Max. ► Actual 4 ---t--------}--------►---------4 1- 0.580 1 0.170 ► - 0.80 4 1 1 ► 0.67^ ) 1.420 1 2.170 0, 1.20 4 II 11 0.100 0.200 170 I 1 ► 4 I I r 18.90 4 I 1 ► 4 1 1 ► 18. 1" 4 I i ► 4 I 1 ► 4 ► ----- ---1--------1-----------•------ -1 Cross Camber Cross Caster Total Toe Set Back Right Front ► Actual 4 Min. I Nominall Max. I ----------------- Camber ► - 1.60* 4 1. 33" 1- 0.580 1 0. 17=' 1 ► I i I Caster ► 1.00 4 0.670 1 1.4c0 1 2.17`-' I Toe ► ► 4 0. 10 =' 4 0. 00'' 1 1 1 1 Q. 1 t)0 1 0. 20" I ► � I I SAI ► 16.10 4 1 1 ► 4 I Included Angle ► 14.41' 4 ► I i ► 4 I 1 Turning Angle ► 4 I 1 I ► 4 I I L---------1---•-----1-----------• -----.-.. Front T--------T-------- 1 ► Actual 4 Min. I Nominal) Max. I ►-- -- - ....... 1---0.000 1...... 0.804. I ► 4 I I I ► 0.20 4....... 1 0.000 1....... ) t I i I f-:2 E 0.000 1 0.200 1 0.400 1 ► -0.330 4 1 1 1 ► 4 1 1 1 L---------1'---------L--------'L---•-----1 Left Rear Right Rear r-------- T-------- T--------T--------- 1 f--------- T--------T--.------T-------- 1 I Min. I Nominal) 'Max. ► Actual 4 ► Actual 4 Min. I Nominall Max- -------------------------- k­-------4 ►---------4--------+--------t--------; 1- 1. 750 1- 1. 000 1- 0.250 ► - 0.90 4 Camber ► - 1.20 4-' 1. 750 ; - 1. 000 - 0. 250 1 I 1 ► 4 1 ► 4 1- 0.150 1 0.050 1 0.250 ► -0. 170* 4 Toe ` -0. 110 4- 0.150 i 0.050 ; 0. 2`" -�--------j-----'---J'-------- - L-----'----1.--------y--------y--------1 Rear f--------- T-------- T--------T --------1 ► Actual 4 Min. I Nominall Max. I ► --------- 4--------+--------+--------i Total Toe ► -0.280 4- 0.30" 1 0.100 1 0.500 1 ► 4 I I I Thrust Angle ► -0.030 4 ► 4 I { I L.---- •----.-1....---.----L----.---- i --- ----- J * VALUE IS NOT WITHIN SPECIFICATION. TIRE WEAR, HANDLING, AND SAFETY PROBLEMS MAY RESULT. 008 05'09/02 THL' 08:08 FAX 7147409412 CARL WARREN 0of.)3 ATTACHMENT 2 GOVERNMENTAL. ENTITY PRELIMINARY REPORT TO: Carl Warren & Company DATE: 4/24/2002 750 The City Drive, Suite 400 CLAIMANT: Richard & Marcia Pierce Orange, CA 92868 FILE NO: S 133575 DBK D/EVENT: 04/05/02 FILING DATE: 04/15/02 SIX MOS 'Yes PRINCIPAL/CITY: CJP)'.A/City of La Quinta. RECOMMENDED ACTION ON CLAIM: Claim Rejection. FACTS: The claimant alleges their vehicle was knocked our of alignment as a result of driving over a City road over an 8 month period of time. The City maintains the road and when notified of a specific need. POSSIBLE CO-DEFENDANTS: None. EVALUATION: Doubtful liability, this is caused by normal road wear and tear. RESERVES TYPE OF CLAIM AMOUNT 1. Richard & Marcia Pierce LPD $$0.pp COMMENT/WORK TO BE COMPLETED: Diary for additional info and a copy of rejection, from the City, Our further report will follow shortly. Very truly yours, CA.RL WARREN & COMPANY Deborah Been cc: City of La Quinta, Attn. John Ruiz cc: CJP1A - Attn.: Executive Director CAR:L WARREN & CO* CLAIMS MANAGEMENTeCLAIMS ADJUSTERS 750 The City Drive - Ste 400. Orange, CA 92568 Mail: P.O. Box 25180 a Santa Ana. Ca 92799-5180 Phone: (714) 740-7999 . (800) 572-6900 - Fax (714) 740-7992 009 05-09-02 09:05 RECEIVED FROM:7147409412 P-03 (15,A) '02 THU 08:07 FAX 7147402412 CARL WARREN 4i1(12 Richard & Marcia Pierce 55-625 Avenue Alvarado La Quinta, CA 92253 RE: Principal Member City Date of Incident Claimant Our File Dear Mr. & Ms. Pierce: April 24, 2002 CIPIA La Quinta 04/05/02 Richard & Marcia Pierce S 133757 DBK ATTACHMENT 3 As claim administrators for the self -insured City of La Quinta we have made a careful examination of the circumstances surrounding the captioned occurrence. The city maintains the roads on a maintenance program, which is all that is, required of them. They also conduct corrective maintenance when notified of problems. This action does not, however, make the city responsible for your damage. It is cost prohibitive and impractical to expect city crews to anticipate every possible condition that may cause damage. Cities are, therefore, insulated from responsibility resulting from conditions of which they have no knowledge or notice. Normally, insurance companies sell coverage whereby persons can insure themselves against damage resulting from an occurrence such as this. If you have not already done so,,you may want to consider submitting your claim to your insurance company if you purchased such coverage. The letter does not affect the notice that will be sent to you by the City of La Quinta regarding the disposition of your claim. Very truly yours, CARL WARREN & CO. Deborah Been cc: City of La Quinta cc: C)PIA CARL WARREN & CCUC (Dry CLAIMS MANAGEMENT.Ct.AIMS ADJUSTERS 750 The City Drive -Ste 404. Orange, CA 92868 Meif: P.O. Box 25150 ■ Santa Are, Ca 92798-5100 Phone: (714) 740-7999• (800) 572-6900 • Fax: (714) 740-7992 05-09-02 09:05 RECEIVED FROM:7147409412 V� P.02 T4ht 4 Qu&Z AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 21, 2002 CONSENT CALENDAR: g ITEM TITLE• STUDY SESSION: PUBLIC HEARING: Denial of Claim for Damages Filed by PGA West Residential Association, Inc. Date of Loss: April 26, 2002 RECOMMENDATION: Deny the Claim for Damages filed by PGA West Residential Association, Inc., with a reported date of loss of April 26, 2002. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by PGA West Residential Association, Inc., with a reported date of loss of April 26, 2002 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. recommended that the claim be referred to the City Attorney (Attachment 2). It was the City Attorney's opinion that the claim be rejected under the Tort Claims Act (Attachment 3). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by PGA West Residential Association, Inc., with a reported date of loss of April 26, 2002; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. 08 Respectfully submitted, C' Mark Weiss, Assistant City Manager Approved for submission by: D homas P. Genovese, City Manager Attachments: 1 . PGA West Residential Association, Inc., Claim for Damages 2. Letter from Carl Warren & Co. 3. Letter from Rutan & Tucker 083 If 10 PETERS & FREEDMAN, L.L.P. ATTACHMENT 1 ATTORNEYS AT LAW 191 CALLE MAGDALENA, SUITE 220 P` C L I V c 0 ENCINITAS, CALIFORNIA 92024 Tel: (760) 436-3441 C I �' y ti C' N T A Fax: (760) 436-3442 C S T 1� C L ,: n n' S OFFICE SIMON J. FREEDMAN mail@hoalaw.com DAVID M. PETERS www.hoalaw.corn KEENAN A. PARKER PALM DESERT OFFICE MARK T. GUITHUES 74-075 EL PASEO, SUITE C-4 MICHAEL G. KIM PALM DESERT, CA 92260 STEPHEN M. KIRKLAND Tel: (760) 773-4463 LAURIE F. MASOTTO Assessments: (760) 773-2626 JAMES R. McCORMICK JR. Fax: (760) 773-0919 STEVEN R.NAPOLES JEFFREY R. PRATT OF COUNSEL LAURIE S. POOLE April 26, 2002 VIA CERTIFIED MAIL -RETURN RECEIPT REQUESTED City of La Quinta Attention: Clerk, Secretary or Auditor 78-495 Calle Tampico La Quinta, California 92253 CLAIM PURSUANT TO GOVERNMENT CODE §§900, et. seq. Claimant: PGA West Residential Association, Inc. P.O. Box 1060 La Quinta, CA 92253 The Law Offices of Peters & Freedman, L.L.P. serves as General Counsel to Claimant, PGA West Residential Association, Inc. The purpose of this letter is to present a claim to the City of La Quinta pursuant to the requirements of Government lode § §900, et. seq. This claim arises out of the City of La Quinta's failure to act upon certain bonds for the benefit of the City of La Quinta in the name of KSL Land Corporation of which Claimant is a beneficiary. The bonds referenced are for Tract 29004 (dated February 8, 1999) and for Tract 28776 (dated October 12, 1998), issued by Developers Insurance Company as surety for principal KSL Land Corporation. The above -referenced bonds refer to on -site street improvements, with performance, labor and material bonds in the amounts of $51,041.00 and $119,980.00, respectively. The City of La Quinta and KSL Land Corporation entered into agreements whereby KSL agreed to install and complete certain designated public improvements in the above -referenced tracts. Said tracts are located within in the boundaries of Claimant PGA West Residential Association, Inc. Resolution 98-65 was adopted by the City on June 16, 1998. Condition No. 41 thereof required the principals to refurbish the street pavement of Southern Hills and Laurel Valley with a minimum one - tenth foot gravel and asphalt concrete overlay. Said requirement was contingent upon Claimant 0 004 City of La Quinta April 26, 2002 Page 2 approving said repair. Claimant did not approve that repair because it was insufficient. Beginning in or about January of 2001, the City of La Quinta knew Claimant was concerned about the proposed repair of streets damaged during the development of Tracts 28776 and 29004. In response, or about November 2001, engineers employed by the City of La Quinta notified Roger C. Hobbs, President of R. C. Hobbs Company, directing him to complete work on the streets located in the above tracts within sixty (60) days. Specifically, a November 14, 2001 letter was sent from Raoul Martinez, Assistant Engineer I with the City of La Quinta to Mr. Roger C. Hobbs, President of R. C. Hobbs Company to the above effect, and specifically noting that Claimant needed to approve the street repair. The principals on the above -referenced bonds, KSL and/or R. C. Hobbs Company have failed to comply with the City's directives. The City has since failed to act on the bonds. As a result, Claimant has incurred damages, including .but not limited to, property damage, interference with prospective economic advantage, interference with contractual relations and detrimental reliance and other consequential damages. The failure of the City of La Quinta to trigger said bonds in light of the failure of the principals on the bonds to perform the required on -site street improvements has caused substantial damage to Claimant. Without limitation, Claimant alleges that the malfeasance of the City constitutes negligence, interference with prospective economic advantage and contractual relations and breach of fiduciary and/or civic duties. A response to the instant claim is requested pursuant to applicable provisions of the Government Code of the State of California. The post office address to which Claimant desires notices to be sent is 191 Calle Magdalena, Suite 220, Encinitas, CA 92024, attention Michael G. Kim. The instant claim, in light of the damages incurred, would not be a limited civil case. Should you have any questions, or wish to discuss this matter, please do not hesitate to contact the undersigned. Very truly yours, PETERS & FREEDMAN, L.L.P. Michael G. Kim MGK/kl cc: Board of Directors GA2\1194\pga v hobbs\mgk\Itr\city of la quinta claim.wpd 005 May 1, 2002 TO: The City of La Quinta ATTENTION: John Ruiz, Personnel Risk Manager X MAY 8 0 ATTACHMENT 2 RE: Claim PGA West Residential Assoc., Inc. vs. The City of La Quinta Claimant PGA West Residential Assoc., Inc. D/Event 11 /1 /2001 Rec'd Y/Office 4/30/2002 Our File S-133818-DK We have reviewed the above captioned claim and request that you take the action indicated below: • REFER TO CITY ATTORNEY: The subject claim does not appear to meet the criteria for participation in the joint liability protection program. We suggest you refer the claim to your City Attorney for recommended action. We will review any subsequent pleadings for application under the joint liability protection program at your request. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY Dwight/J. Kun cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT -CLAIMS ADJUSTERS 75o The Cin Drier Ste 4011. Orange, CA 92868 � Mad: Y.O. Brix 25180 +� - Santa Ana, Ca 92799-5180 0 `-� `y � Phone: (714) 740-7999 h:xt. 140 - (800) 572-6900 - Fax: (714) 740-9412 006 May-16-02 12:41Pm From-RUTAN & TUCKER,LLP 714-546-9035 T-935 P.02/02 F-313 TAN ...nl.m•.Nn-.w... eC' CKER `lllwr., w .n rn^ J 1 uc.n m > C C v2` K,x vri n.rnx ..., •• n ,n1+n r, nls,r � .m„V _ n_. . - ... .nTn:l:frvc 1. rv>vry _ �., ui,rr.0 ,'7nV, .. r'i, n' -,�n. •. � . A "( f 0 P N E Y S A T 1. A W - __r ......,r :.7. • '. 'IT., ,lien A PARTNER5.-H' M1 UUIM4 rF.Or LSSuu,AL CORYOh.NTIOnS 'min• w u ,>n C,n,ven �rr•.l ,..r,Jn nnCrn PJr.Cw• ucn:,,n. iDn _ .;e. 611 ANTON POw., k—rzb. FQuPI iiNIn FLOOR ......, ,n ,m.nn,nry ,.n ,.,a �..�c.o„> cnn _.nn. .LLa,r n., �.�.t-`..•. :..� . CQ5TAN%E5A, CA:tFOKNAY212t.-1'4>1 xf]o.cT. oOw.n >T:r„Lry _ , .-•. ....teen a. :•:=,. �rn - r,Ti,L P,=n nf., ...�,: F.:: •:. ,Jn>rin rrin u. :,:CnG.n_r..x. ,in"'n•, n.nnc?. a14EC1 ALL AIAIL TO POST OFFICE BOx 1550 coy , :..wkT.rnpc„w ustk[=rwlwi�,l�•nln n[nrcn s i n:r�n :Noon 1 """"'"'" -`r`n" CO -,TA M--:A. CnFIfORNJA y2t,2b, I 166 ynmc>+^m > .+oc.r cr vvcn �.�.Tv aa.cn.n Pwkn[,c ,Y•.CI'•-uCI��Cn unv�u, uan TE:FP: SiJf`iF ii4-oil-51 nn FnC51NlL� i7 is4a•9u]] rru.:.a . ,.. ...: x..n co.orn.. �.n..a. � , .. orvv __ u. I ER.NET AOORESS , ........T— Coo -Urznn ,.r�n�+-> ...;nc ,. nPcl, llr..- .a na i.n.,:.aur, Dirccr Dial (714) 041-3472i E-nsil nduim�n(ir rutar, Corr= May 16, 2002 ATTACHMENT 3 John Ruiz Persoiuiel/Risk Mana�ter City of La Quial a 75-495 Calle Tampico La Quinta, CA 9?253 he: PGA Wrst Residential Association Claim Dear Mr_ Ruin: On or about April 26, 2002. PGA Vest Residential Assoc:iatton {--PGA") submitted a clanxi to the Cily of La Quinta pursuant to Goverxuaiera Code §5 900, et seq. The claim pertains To the obligations of KSL hand Corporation (" KSU) to construct certain improvernents on PGA's property_ Pursuant to Resolution 98-65, the City made these imprOvements a condition of approval for KSL's project on Tract Nus_ 29004 rind 2S776_ The City Manager forwarded the claim to Carl Warren & Co. which reviewed it and advised the City to reject the claim. Carl Warren & Co, also advised the City to have the claim reviewed by the City Attu}rney's office_ After evaluating PGA's claim, the City AfTbmey's office is advising the City to reject the claim under the Tort Claims Act_ If you have any questions regarding any of the foregoing, please du not hesitaTe to call Noam Duzman or Karherine Jenson, RUTAN TUC F.R; UP Noam Duzman imp] `1751015E)lU�)U4o 26541 e Q1 ,oSl ; e •u2 08 1 05-16-02 12:36 RECEIVED FROM:714 546 9035 P-02 ()n7 Tity/ 4 4 Q" COUNCIL/RDA MEETING DATE: ITEM TITLE: May 21, 2002 Approval of the Declaration of Surplus Property RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 9 STUDY SESSION: PUBLIC HEARING: Approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to place the surplus equipment with an educational organization or discard the property by other legal means. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City has accumulated obsolete and non-functional property items over the last several years. The equipment has little or no market value. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to place the surplus equipment with an educational organization or discard the property by other legal means; or 2. Do not approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to place the surplus equipment with an educational organization or discard the property by other legal means; or 3. Provide Staff with alternative direction. Respectfully submitted, Joho M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 : Declaration of Surplus Property F' C Z s CD a a •2 a� J W U. y o CL LL L N cn CD O U � Ln Cfl O F � O I� � O O) M a) a) 00 N CONN N CON coo N L cA U) cA 0 0 N O Q) _� OCD a O O a '0 Q) E LL O 0 E LL O 0 E U- O 0 E u- N 0 E LL a) O O cA (o O cA C Ocu (7 m co m L-0 O Q O L- O Q O L Z a) Q O L Z a) a O L O Q O O (7 O (7 O- O O L 0 O N CL CL CL `. CU aa co aa` 4-- � 0 O O M CA N I LO M 00 N 00 00 corn 00 M 00 M M mco_ C n M ItO LO CD �t Ln O) Ln Itm co m M M m U-)� Q m Q Q m N M m 00 u Ln Q O O O a••I }J }J O *' O +, O CL a a c E E E 0 0 U U U rn 00 OO 00 O N 't — Ln i O O a, u Ln a w M N CO> � �ca CO' TQ co COCO (7 CO N c co (D (:) C7 L L L L L L L a� a� a) (1) CD a) a) /c c c c c c c CL CL CL CL CL CL CL co co LOn rs co J Ln Ln Ln Ln Cfl co +, V co L) co + +, CL a a a aC:CO a a' -1 •6 �: J O O O a) 2 2 Q 2 V u � 2 Z 5 K E Ci cr W � . � . � : 2 0 0 0 0 $ . m m : . � . � LU � ( o ■ @ § ( E E 2 U U E LU } u ui . : � ) . � 0 e o . d : E ' £ — g - 0 / (LL R N 2 / @ [ (n/ cl LO UJ � M m H C y Z da Cl JW N LL 0 v o U cn > T-vy 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 21, 2002 CONSENT CALENDAR: ITEM TITLE: Approval to Extend a Professional Services STUDY SESSION: Agreement with Nickerson & Associates, Inc. to Provide Project Management and Contract Administrative Support PUBLIC HEARING: Services for Fiscal Year 2002-2003 Authorize the City Manager to extend a Professional Services Agreement (PSA) for a period of one-year, with the firm of Nickerson & Associates, Inc. in an amount not -to - exceed $123,800, to provide Project Management and Contract Administrative Support services. The following funding has been budgeted in the Preliminary Fiscal Year 2002-2003 Budget to support this contract: Account No. 101-451-603-000 Administration, Capital Improvement Plan $25,000 Account No. 101-452-603-000 Engineering & Traffic Contract Services $98,800 Therefore, sufficient funding is available to support this PSA. None. In the spring of 1997, the Public Works Department retained the part-time professional services of Lloyd "Nick" Nickerson, co-owner of the Nickerson, Diercks, and Associates engineering firm (NDA) to augment existing engineering staff in the Capital Improvement Division. Mr. Nickerson was retained via an interim contract to provide key professional support with respect to contract administration and project management duties through the balance of the 1996-1997 Fiscal Year. In the subsequent fiscal year, the City Council directed staff to request proposals from firms in the engineering community for the type of engineering services performed by Mr. Nickerson. The proposals were received and evaluated with the City Council awarding a two-year contract to NDA to acquire Mr. Nickerson's professional support services. TAMDEMCOUNCIL\2002\020521 d.wpd In June, 1999, the City Council authorized the City Manager to bypass the competitive selection procedure and negotiate directly with NDA for a continuation of the professional support services provided by Mr. Nickerson. Each year since 1999, the City Council has renegotiated its professional services contract with NDA, which is now known as Nickerson and Associates, Inc. (NAI), for the part-time services provided by Mr. Nickerson. Last year NAI's contract also included professional engineering design services on a time and material basis, as needed, to provide engineering staff with an efficient means to initiate and administer minor design projects (primarily remedial maintenance projects) that surface unexpectedly in response to concerns voiced by La Quinta residents. As in past years, the renewed contract is based on hourly fees, with a not -to -exceed amount of $85.00/hour for professional project management services, $92.00 per hour for a professional registered civil engineer, and $45.00/hour for a draftsman. The proposed hourly rates for the professional project manager have increased from $75.00 per hour to $85.00 per hour. This hourly increase is due the higher cost of Professional, General, and Auto Liability Insurance and other overhead factors. It should be noted that NAI has not requested any hourly rate increases during the past two (2) contract years. Typical services provided by NAI include, but are not limited to: • Prepare and submit necessary documents, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding approval. • Prepare and track project schedules. • Prepare correspondence, reports, and memorandums necessary to administer various City capital improvement projects. • Assist with bidding procedures, prepare bid summary comparisons in a table format, and make recommendations for City Council consideration to award Public Works contracts for construction. • Prepare and conduct informal request for proposals to construction support sub - consultants, summarize proposals received and make recommendations for award of Professional Services Agreements. • Monitor and report on project status, budget vs. actual expenditures, and contract time vs. actual time. • Prepare staff reports for City Council and/or Planning Commission consideration, as necessary. • At the direction of staff, prepare annual 5-year Capital Improvement Program document for City Council comments and approval. 002 TAMDEMCOUNCI02002\020521 d.wpd Alternatives available to the City Council include: 1 . Authorize the City Manager to renew a Professional Services Agreement for a period of one-year, with the firm of Nickerson & Associates, Inc. in an amount not -to -exceed $123,800, to provide Project Management and Contract Administrative Support services; or 2. Do not authorize the City Manager to renew a Professional Services Agreement for a period of one-year, with the firm of Nickerson & Associates, Inc. in an amount not -to -exceed $123,800, to provide Project Management and Contract Administrative Support services; or 3. Provide staff with alternative direction. Respectfully_,%t mit exL,-,,,_ _ _ Fje1'y F. St ensoK, PEE. Interim ublic Works Director/City Engineer Approved for submission by: Ohomas �PGen'ovese, City Manager Attachments: 1. Professional Services Agreement � kJ 003 TAPWOEMCOUNCI02002\020521 d.wpd ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and NICKERSON & ASSOCIATES, INC. ("Consultant"). The parties hereto agree as follows: 1l1r1• 111011•� � 0161110 VAN 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to PUBLIC WORKS DEPARTMENT, ENGINEERING AND TRAFFIC SERVICES, CAPITAL IMPROVEMENT PLAN, PROJECT MANAGEMENT, CONTRACT MANAGEMENT, AND ADMINISTRATIVE SERVICES FOR FISCAL YEAR 2002-2003 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 J v (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be T:\PWDEPT\C0UNCIL\2002\020521 d.wpd 005 approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. T901 10 a ► : •► 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed ONE HUNDRED TWENTY-THREE THOUSAND EIGHT HUNDRED DOLLARS, ($123,800) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (loth) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.1 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 Majeure. 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 0-11 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 006 TAMDEMCOUNCI02002\020521 d.wpd Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Lloyd "Nick" Nickerson Jr., OWNER It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Steven Speer, 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 Zhe 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 Coo ern ation. 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. (j O 007 T APW DEPT\COUNCI L\2002\020521 d. wpd 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 Injury/Property Damage Coverage_ $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $500,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, 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 `n{ T:\PWDEPT\COUNCIL\2002\020521d.wpd f �V 8 caused by City's own negligence or that of its officers or employees. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 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. 6OUNCIL\20Release of Documents. The drawings, specifications, reports, records, documents and T:\PWDEPT009 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. IMMEF57I 1: u I a Lim W13: u ► 7.1 California L_.aw. 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. it 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination T:\PWDEPT\COUNCIL\2002\020521d.wpd 010 of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set off or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 A orn ys'Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of 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 1 0 1 communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. O i l T:\PWDEPT\C0UNC1L\2002\020521 d. wpd To City: CITY OF LA QUINTA 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 Attention: Steven Speer To Consultant: Nickerson & Associates, Inc. 68-955 Adelina Road, Suite 200 Cathedral City, California 92234 (760) 323-5344 Fax 323-5699 Attention: Nick Nickerson 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Autho ity. 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 , 2002. CITY OF LA QUINTA, CONSULTANT, a California municipal corporation Nickerson & Associates Thomas P. Genovese, City Manager Lloyd Nickerson Jr., Principal 68-955 Adelina Road, Suite 200 ATTEST: Cathedral City, California 92234 (760) 323-5699 (Fax) 323-5344 June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jensen, City Attorney 1C'3 012 TAMDEMCOUNCIL\2002\020521 d.wpd Exhibit A Scope of Services As directed by City Staff, the consultant's services shall include, but are not limited to the performance of the following assignments, duties and tasks: 1. Prepare and submit necessary documents to, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding approval. 2. Preparation and tracking of project schedules using Microsoft Project 4.0. 3. Preparation of necessary correspondence, reports, and memos necessary to administer various City capital improvement projects, using Word Perfect 6.0/6.1 or higher version word processing program. 4. Assist with bidding procedures, prepare bid summary comparisons in a table format, make recommendations for City Council consideration to award Public Works contracts for construction. 5. Prepare and conduct informal request for proposals to construction support subconsultants, summarize proposals received and make recommendation for award of Professional Services Agreements. 6. Monitor and report on project(s) status; budget vs. actual expenditures; contract time vs. actual time. 7. As necessary, prepare Staff Reports for City Council and/or Planning Commission consideration. 8. Act as an extension of Public Works staff while in the performance of the above referenced tasks. 9. At the direction of staff, prepare the annual 5-year Capital Improvement Program document for review and approval by the City Council. I3 TAMDEMCOUNCIL\2002\020521 d.wpd Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed ONE HUNDRED TWENTY-THREE THOUSAND EIGHT HUNDRED DOLLARS, ($123,800) except as specified in Section 1.6 - Additional Services of the Agreement. Services will be billed on a bi-monthly basis for time and materials expended, time cards will be submitted on a weekly basis for review and approval by City staff. All man-hour costs to be billed as follows and per the attached consultants statement of personnel hourly billing rates. Project Manager/Administrator $85.00 per hour Professional Civil Engineer/Traffic Engineer $92.00 per hour CAD Draftsman $45.00 per hour All reimbursables to be paid at cost, without mark-up or additional overhead. ALLOWABLE BUDGET: Administration Division: Capital Improvement Plan Preparation and Specialty Projects $ 25,000 Engineering & Traffic Services Division: Contract Services $98,800 1 J 014 TAMDEFRCOUNCIL\2002\020521 d.wpd Exhibit C Schedule of Performance Consultant shall complete all services within TIME LINE ALLOWED BY THE TOTAL CONTRACT SUM. All services to be completed within Fiscal Year 2002-2003. 1l,() 015 T:\PWDEPT\C0UNCIL\2002\020521 d.wpd Exhibit D Special Requirements This contract shall be annually renewable, if both parties are in mutual agreement, for a period not -to - exceed one additional year, for a total of three years in duration, without the expressed written approval of the City of La Quinta City Council. 016 T:\PWDEPT\COUNCIL\2002\020521 d. wpd c&t!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 21, 2002 CONSENT CALENDAR: Il ITEM TITLE: Approval to Renew a Professional Services STUDY SESSION: Agreement with Berryman & Henigar, Inc. to Provide Map Checking Services PUBLIC HEARING: RECOMMENDATION: Authorize the City Manager to renew a Professional Services Agreement (PSA) with the firm of Berryman and Henigar, Inc. for on -call plan check services for a term to expire on June 30, 2003 with an option to extend the agreement an additional one-year. Plan check services are paid for from the construction permit fees on the related sub- division improvement construction permits. The construction permit fees are based on a percentage of the estimated construction cost for each permitted project. The permit fee includes plan check services, inspection services and administrative fees. A deposit for plan check fees is collected upon submittal of the initial plan check to cover plan check services in case the project does not proceed to construction. This deposit is credited against the construction permit fee when the permit is issued. As plans are submitted to the Public Works/Engineering Department, they will be forwarded to the Consultant for review. Compensation paid to the Consultant for the plan check services will be made at a "fixed fee" rate of $750 per sheet of plans as submitted for review. This is the rate currently collected for the plan check deposit. Plan Check Fees are paid from the following account: Account No. 101-452-609-557, Development & Traffic Map/Plan Check Services Since the plan check fees are paid from a portion of collected permit fees, sufficient funding is available to support this professional services contract. None. 108 TAMDEMCOUNCI \2002\020521f.wpd Improvement plan checking includes the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City's right-of-way. The plans are reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards. Plan check services include, but are not limited to the following: • Grading Plans including mass grading, rough grading and precise grading plans. • Street Improvement Plans including street widening, rehabilitation and new subdivision street plans. • Storm Drainage Plans • Hydrology and Hydraulic Calculations and Reports • Traffic Plans including signing and striping plans, traffic detour and traffic staging plans and signal plans. • Engineer's Cost Estimate for the related items of work for bonding purposes. • Engineering reports including the LAQMP dust control plans, Storm Water Pollution Prevention Control Plans and Special Traffic Reports. Berryman & Henigar, Inc. (formerly Berryman & Stephenson, Inc.) has provided these on -call plan check services for over 13 years. On March 5, 2002, City Council formally extend their services through June 30, 2002 with an option to extend the agreement for 30 additional days. The alternatives available to the City Council include: 1. Authorize the City Manager to renew a Professional Services Agreement with the firm of Berryman & Henigar, Inc., to provide on -call plan check services for a term to expire on June 30, 2003 with an option to extend the agreement an additional one-year; or 2. Do not authorize the City Manager to renew a Professional Services Agreement with the firm of Berryman & Henigar, Inc., to provide on -call plan check services for a term to expire on June 30, 2003 with an option to extend the agreement an additional one-year; or 3. Provide staff with alternative direction. Respectfull bmitted, oy F. Step h son, .E. Interim Public Works Director/City Engineer 103 TAMDEMCOUNCIL\2002\020521 f.wpd Approved for submission Thomas P. Genovese, City Manager Attachments: 1. Professional Services Agreement 003 T:\PWDEPT\COU NC IL\2002\020521 f. 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 Berryman & Henigar, Inc. (B&H) ("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 On Call Plan Check Services for Private Development Plans 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 1 T:\PWDEPT\Consu1tants\2002\BHI PLAN CHECK.wpd Page 1 of 13 005 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. 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. •LA• 4 0 I-Ifivil I IQ0 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"), 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. 11,2 T:\PWDEPT\Consu1tants\2002\BHI PLAN CHECK.wpd Page 2 of 13 006 i •itlFill 1 ■ 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until June 30, 2003, with an option to extend the agreement for an additional one-year. VIKIM ••;� ► •► • •;� 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Daljit Marwah, P.E. 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. 11 T:\PWDEPT\Consu1tants\2002\BHI PLAN CHECK.wpd Page 3 of 13 00 7 4.2 Contract Officer. The Contract Officer shall be Steve Speer, 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 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. r ► :111 il ►1 rig 1010]u► 11 a Ilk dri► :•►•� 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. l Lt T:\PWDEPT\Consu1tants\2002\BHI PLAN CHECK.wpd Page 4 of 13 1 The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property 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. 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: 1 L ,) T:\PWDEPT\Consu1tants\2002\BHI PLAN CHECK.wpd Page 5 of 13 009 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 T:\PWDEPT\Consu1tants\2002\BHI PLAN CHECK.Wpd Page 6 of 13 010 exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 1 T:\PWDEPT\Consu1tants\2002\BHI PLAN CHECK.wpd Page 7 of 13 - 011 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior to 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. F-Irliffoly"91 A 0 1914Ivi 1 ousW443111► Lei ► 101► ► •] 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 T:\PWDEPT\Consu1tants\2002\BHI PLAN CHECK.wpd Page 8 of 13 012 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 in this section. To City: CITY OF LA QUINTA Attention: Steve Speer, Senior Engineer 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: BERRYMAN & HENIGAR, INC. Attention: Daljit Marwah, P.E. 2001 E. 1st Street, Suite 240 Santa Ana, California, 92705 9.2 Integrated Aare. 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 is hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. T:\PWDEPT\Consu1tants\2002\BHI PLAN CHECK.wpd 1 I .� L.t Page 9 of 13 013 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 Date: John Pena, Mayor ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: Berryman & Henigar, Inc. By: Date: George Wentz, P.E. Regional Manager 1210 T:\PWDEPT\Consu1tants\2002\BHI PLAN CHECK.wpd Page 10 of 13 014 Exhibit A Scope of Services Improvement plan checking will include the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City's right of way. The plans shall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a sense of attention to details. Plan check services will include, but are not limited to the following: • Grading Plans including mass grading, rough grading and precise grading plans. • Street Improvement Plans including street widening, rehabilitation and new street plans. • Storm Drainage Plans • Hydrology and Hydraulic Calculations and Reports • Traffic Plans including signing and striping plans, traffic detour and traffic staging plans and signal plans. • Engineer's Cost Estimate for the related items of work for bonding purposes. • Engineer's Reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans, and Special Traffic Reports The suggested tasks of the plan checker are as follows: • To check for design conformance to: — The approved Tentative Map — Related Specific Plans — General Plan and City Ordinances — Conditions of Approval — City Standards — The City's Subdivision Plan Check List — Other Agency Requirements such as RCFCD, CVWD and Caltrans • To review plans for sound engineering practices. • To check for accuracy of design in conformance with the City's most current Plan Check List. • To check general mathematics and design criteria. • To call for redesign of any portion of plans that: — Will not function due to poor engineering. — Is not consistent with the Approved Tentative Map or Conditions of Approval. — Will be potentially unsafe to the public. — Impractical to construct. All plans shall be reviewed under the direct supervision of a California Registered Engineer. T:\PWDEPT\Consu1tants\2002\BHI PLAN CHECK.Wpd Page 11 of 13 01,19 1 l) Exhibit B Schedule of Compensation Payment shall be made in full at a "fixed fee" rate of $750.00 per sheet based on the number of sheets submitted for plan check. This rate shall be compensation for up to three (3) plan checks. Payment for additional plan checks after the third check or for special engineering reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans and Traffic Reports, shall be in made 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. An estimate of hours to complete the plan check (after the third plan check) or for special reports shall be made in writing to the Contract Officer for approval as specified in Section 1.6 - Additional Services of the Agreement. Compensation for the first three plan checks shall be distributed at the following schedule: First Plan Check 65% of the Total Plan Check Fee Second Plan Check 20% of the Total Plan Check Fee Third Plan Check 15% of the Total Plan Check Fee The Consultant shall be compensated upon the completion of each plan check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed plan check. If the plan check process is completed prior to the third plan check, 100% of the plan check fee will be paid upon completion of the final plan check. T:\PWDEPT\Consu1tants\2002\BHI PLAN CHECK.wpd Page 12 of 13 016 Exhibit C Schedule of Performance OFFICE HOURS The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advanced notice. SCHEDULE The Consultant shall adhere to the following plan check schedule: Plan Submittal Plan Check Turn -Around (From Receipt from City Staff) 1" Plan Check 10 Working Days 2"d Plan Check 10 Working Days 3'd Plan Check 5 Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the 1 st and 2nd plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows: 1" Submittal Upon completing the 1st review, the Consultant shall submit the "red lined" plans and a letter outlining the plan check comments. If necessary, the Consultant shall be available to meet with City staff to review the plan check comments. A copy of the applicable Plan Check List shall be submitted with the "red -lined" plans. 2nd and Subsequent Submittals Upon receipt of the 2nd plan check submittal from the applicant, City staff will conduct a cursory review of the plans. The Consultant shall coordinate the 2nd plan check with City Staff's comments. It is desirable to submit both the Consultant's and the City's comments back to the applicant in a joint submittal. The Consultant shall maintain a plan check log as follows to track the plan check status. The plan check log shall include the following information: 1) Receipt Date 2) Transmittal Dates 3) Who is Receiving the Information 4) Status of Plan Check 5) Project Description and City Plan Check Number 6) Plan Check Fees The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. T:\PWDEPT\Consu1tants\2002\BHI PLAN CHECK.wpd Page 13 of 13 017 '(7 T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: May 21, 2002 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: AV, ITEM TITLE: Approval to Renew a Professional Services STUDY SESSION: Agreement with R.A.S.A. to Provide Map Check Services PUBLIC HEARING: Authorize the City Manager to renew a Professional Services Agreement (PSA) with the firm of R.A.S.A. for on -call map check services for a term to expire on June 30, 2003, with an option to extend the agreement an additional one-year. Map checking fees are collected with the initial application submittal of the Final Map. Currently, the map check fees which are paid to the consultant for map check services are based on the following calculation: Tract Maps: $1,000 base fee plus $10 per lot Parcel Maps: $500 base fee plus $250 per parcel Map check fees are paid from the following account: Account No. 101-452-609-557, Development & Traffic Map/Plan Check Services Currently, the fees collected with the Map Application submittal are sufficient to cover the map check fees under the current rate structure. None. Subdivision Tract and Parcel Maps are reviewed by a Land Surveyor licensed in the State of California for the purpose of survey review, mathematical closure, compliance with the Subdivision Map Act, the Land Surveyor's Act, the approved Tentative Map, the approved Conditions of Approval, and a current title report. The reviews include, but are not limited to, the review of survey documentation, lot and boundary closure calculations, dedications and easement provisions, legal descriptions, and corq,P4 ness and accuracy of data notation. �' T APW DEPT\COU NCIL\2002\020521 e. wpd The firm of R.A.S.A. has provided on -call map check services for several years. On March 5, 2002, City Council approved a PSA extending their services through June 30, 2002 with an option to extend the agreement for 30 additional days. The alternatives available to the City Council include: 1 . Authorize the City Manager to renew a Professional Services Agreement with the firm of R.A.S.A., to provide on -call map check services for a term to expire on June 30, 2003 with an option to extend the agreement an additional one-year; or 2. Do not authorize the City Manager to renew a Professional Services Agreement with the firm of R.A.S.A., Inc., to provide on -call map check services for a term to expire on June 30, 2003 with an option to extend the agreement an additional one-year; or 3. Provide staff with alternative direction. Respectfully submitte r oy . Step he son, P.E. Interim Public Works Director/City Engineer Approved for submission by: n � Thomas P. Genovese, City Manager Attachments: 1 . Professional Services Agreement 002 TAMDEMCOUNCIL\2002\020521 e.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 RASA ("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 On Call Map Check Services for Private Development Plans 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 thel is , City Council. 004 T:\PWDEPT\Consultants\2002\RASA PSA 020521.wpd Page 1 of 12 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. ON 0 IsTaTuT' I I ► RK, I I Lei► 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"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (loth) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 11110 •;u:► 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 Majeure. 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. 1 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, cJ ,J 0 T:\PWDEPT\Consu1tants\2002\RASA PSA 020521.Wpd Page 2 of 12 this Agreement shall continue in full force and effect until June 30, 2003, with an option to extend the agreement for an additional one-year. 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Eric Nelson, PLS 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 Steve Speer, 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 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. 1 ► ::► ei 03 213► 11111•► :►� :•►� 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 ;? TAPWDEPT\Consu1tants\2002\RASA PSA 020521.wpd Usage 3of�2'" o 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/Property 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 comply with Workers' Compensation Insurance requirements 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\Consu1tants\2002\RASA PSA 020521.wpd ti 007 Page 4 of 12 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. %r, '\ 6.4 Release of Documents. The drawings, specifications, reports, records, documents and ,j : j .1 008 T:\PWDEPT\Consu1tants\2002\RASA PSA 020521.wpd Page 5 of 12 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. 1 ► •; u11190 MM W.1141 Ml M1kVJ I► 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. �A 009 T:\PWDEPT\Consu1tants\2002\RASA PSA 020521.wpd Page 6 of 12 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. 8.1 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. • 1 =TkA KIM Z1 4 W.1119101IRRV:• •► 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 -� 010 T:\PWDEPT\Consu1tants\2002\RASA PSA 020521.wpd Page 7 of 12 personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Steve Speer, Senior Engineer 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: RASA Attention: Eric Nelson, PLS 534 Rancho Terrace Escondido, CA 92026 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 Seve_ rabies. 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. TAPWDEPT\Consu1tants\2002\RASA PSA 020521.wpd Oil Page 8 of 12 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: RASA Eric Nelson PLS Date Date TAPWDEPT\Consu1tants\2002\RASA PSA 020521.wpd 012 Page 9 of 12 Exhibit A Scope of Services Subdivision Tract and Parcel Maps will be reviewed by a Licensed Land Survey in the State of California for the procedure of survey, mathematical closure, compliance with the Subdivision Map Act, the Land Surveyor's Act, the approved Tentative Map, the approved Conditions of Approval, and a current title report. This review includes but is not limited to the review of survey documentation, lot and boundary closure calculations, dedications and easement provisions, legal descriptions and completeness and accuracy of data notation. Some of the specific items that are reviewed or checked include the following: • Title sheet format and certificates. • Current legal descriptions. • Correct assessor's parcel being subdivided per the title report and Tract/Parcel Map. • Check closure of subdivision boundary and individual lots against traverse. • Verify lot areas against traverse. • Check for correct mathematics. • Clarity of drafting. • Proper delineation and identification of record data. • All appropriate data in the title report is shown on the map. • Proper reference to adjacent recorded maps and ties thereto. • Proper reference and ties to found/set monumentation. • Minimum lot sizes meeting the requirements of zoning of the Tentative Map. • On -map items identified by the subdivision resolution are properly satisfied. • Boundary tied to the California Coordinate System, where required. • Verify ownership shown on the map against the title report. In addition to reviewing subdivision Tract and Parcel Maps, the consultant may be requested to provide the following services: Review Lot Line Adjustment Documents. Prepare legal descriptions and plats. 19.E TAPWDEPT\Consu1tants\2002\RASA PSA 020521.wpd 013 Page 10 of 12 Exhibit B Schedule of Compensation Payment shall be made in full at the following "fixed fee" rates as specified for Tract Maps and Parcel Maps: Tract Maps $1,000 base fee plus $10 per lot (including both lettered and numbered lots) Parcel Maps $500 base fee plus $250 per parcel (including both lettered and numbered parcels) This rate shall be compensation for up to three (3) map checks. Payment for additional map checks after the third check shall be in made 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. An estimate of hours to complete the plan check (after the third map check) shall be made in writing to the Contract Officer for approval as specified in Section 1.6 - Additional Services of the Agreement. Compensation for the first three plan checks shall be distributed at the following schedule: First Map Check 65 % of the Total Map Check Fee Second Map Check 20 % of the Total Map Check Fee Third Map Check 15 % of the Total Map Check Fee The Consultant shall be compensated upon the completion of each map check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed map check. If the map check process is completed prior to the third plan check, 100 % of the map check fee will be paid upon completion of the final map check. v 014 T:\PWDEPT\Consu1tants\2002\RASA PSA 020521.wpd Page 11 of 12 Exhibit C Schedule of Performance The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advanced notice. The Consultant shall adhere to the following plan check schedule: Map Submittal Map Check Turn -Around (From Receipt from City Staff) Pt Map Check 10 Working Days 2nd Map Check 10 Working Days 3rd Map Check 5 Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the V and 2❑d map check shall be provided, if necessary, to complete a thorough map check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows: Map Submittal Upon completing each review, the Consultant shall submit the "red lined" map and a letter outlining the map check comments directly to the professional who prepared the map. A copy of the transmittal and comments shall be forwarded to the City. If necessary, the Consultant shall be available to meet with City staff to review the map check comments. Once the map is in condition for approval, the Consultant shall issue a letter to the City indicating that the Map is approved and will sign the map as the City's Surveyor. The approval letter and signed mylar shall be promptly submitted to the City for further processing. The Consultant shall maintain a map check log as follows to track the map check status. The map check log shall include the following information: 1) Receipt Date 2) Transmittal Dates 3) Who is Receiving the Information 4) Status of Map Check 5) Project Description and City Plan Check Number 6) Map Check Fees The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. T:\PWDEPT\Consu1tants\2002\RASA PSA 020521.wpd 13 �, Page 12 of 12 T a Wyl4�Q0 w COUNCIL/RDA MEETING DATE: May 21, 2002 ITEM TITLE: Approval to Renew a Professional Services Agreement with R.A.S.A. to Provide Map Check Services DRAFT AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to renew a Professional Services Agreement (PSA) with the firm of R.A.S.A. for on -call map check services for a term to expire on June 30, 2003, with an option to extend the agreement an additional one-year. Map checking fees are collected with the initial application submittal of the Final Map. Currently, the map check fees which are paid to the consultant for map check services are based on the following calculation: Tract Maps: $1,000 base fee plus $10 per lot Parcel Maps: $500 base fee plus $250 per parcel Map check fees are paid from the following account: Account No. 101-452-609-557, Development & Traffic Map/Plan Check Services Currently, the fees collected with the Map Application submittal are sufficient to cover the map check fees under the current rate structure. None. BACKGROUND AND OVERVIEW: Subdivision Tract and Parcel Maps are reviewed by a Land Surveyor licensed in the State of California for the procedure of survey review, mathematical closure, compliance with the Subdivision Map Act, the Land Surveyor's Act, the approved Tentative Map, the approved Conditions of Approval, and a current title report. The reviews include, but are not limited o, a review of survey documentation, lot and boundary closure calculations, dedica and easement provisions, legal descriptioa d completeness and accuracy of data notation. 13 r' T:\PWDEPT\C0UNC1L\2002\020521 e. wpd The firm of R.A.S.A. has provided on -call map check services for several years. On March 5, 2002, City Council approved a PSA extending their services through June 30, 2002 with an option to extend the agreement for 30 additional days. The alternatives available to the City Council include: 1. Authorize the City Manager to renew a Professional Services Agreement with the firm of R.A.S.A., to provide on -call map check services for a term to expire on June 30, 2003 with an option to extend the agreement an additional one-year; or 2. Do not authorize the City Manager to renew a Professional Services Agreement with the firm of R.A.S.A., Inc., to provide on -call map check services for a term to expire on June 30, 2003 with an option to extend the agreement an additional one-year; or 3. Provide staff with alternative direction. Res Inte submitted, 3tephefi Wn P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Professional Services Agreement 133 TAMDEPT\COUNCIL\2002\020521e.wpd �' '`�� 002 T4'it 4 4 OKA& AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 21, 2002 13 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Adoption of a Resolution Extending the Riverside County Abandoned Vehicle Abatement Program PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution extending the Riverside County Abandoned Vehicle Abatement Program. FISCAL IMPLICATIONS: Since the Program's inception in 1994, the City of La Quinta has received disbursements in the amount of $195,655.78 to help fund the cost of abating 3,170 vehicles. Continuation of the Program would allow for future disbursements which would be based on the participating city's size, population and the number of vehicles abated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In 1990, the California State Legislature enacted legislation allowing for the creation of county -based vehicle service authorities, pursuant to the provisions of Section 22710 VC. In June 1994, the Riverside County Abandoned Vehicle Abatement Service Authority was formed and imposed a one -dollar annual vehicle registration fee on vehicles registered to an owner with an address in the County of Riverside. Vehicle registration fees are collected by the Department of Motor Vehicles and allocated to Riverside County Abandoned Vehicle Abatement Service Authority by the State Controller pursuant to Section 9250.7 VC. Fees are then allocated to 24 participating entities on the basis of the size and population of each entity in relation to the total size and population of Riverside County, and on the basis of the percentage of vehicles abated by each entity in relation to the total vehicles abated by the Riverside County Abandoned Vehicle Abatement Service Authority as a whole. The current 24 entities are the County of Riverside, and the Cities of Banning, Beaumont, Blythe, Calimesa, Canyon Lake, Cathedral City, Coachella, Corona, Desert Hot Springs, Hemet, Indian Wells, Indio, La Quinta, Lake Elsinore, Moreno Valley, GACODE\AVAext.wpd Murrieta, Norco, Palm Desert, Palm Springs, Perris, Riverside, San Jacinto and Temecula. Since the inception of the program, the Riverside County Abandoned Vehicle Abatement Service Authority has received approximately $8,291,295, which has allowed the abatement of approximately 60,671 abandoned, wrecked, dismantled or inoperable vehicles. The current program is set to expire in May 2004. New legislation allows the local service authorities to extend the programs every 10 years with the approval of the county and a majority of the cities comprising a majority of the population of the incorporated areas. Adoption of the attached resolution is the first step towards the extension of this important program. Alternatives available to the City Council include: 1. Adopt a resolution extending the Riverside County Abandoned Vehicle Abatement Program; or 2. Do not adopt a resolution extending the Riverside County Abandoned Vehicle Abatement Program; or 3. Provide staff with alternative direction. Respectfully submitted, i &++n. Tom Hartung Director of Building and Safety Approved for submission by: C �O Thomas P. Genovese City Manager 14 .. 002 G:\CODE\AVAext.wpd RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE EXTENSION OF THE SERVICE FEE COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL MAY 2014. WHEREAS, the Riverside County Abandoned Vehicle Abatement Service Authority was formed on or about June 1, 1994, pursuant to the provisions of California Vehicle Code § 9250.7 and 22710 enacted by the Legislature in 1990 which authorized the establishment of a service authority and imposition of a service fee on all registered motor vehicles located within a county; WHEREAS, beginning in June 1994 and continuing to the present, the Riverside County Abandoned Vehicle Abatement Service Authority has been the recipient of service fees collected on its behalf by the California Department of Motor Vehicles; and WHEREAS, the service fees received by the Riverside County Abandoned Vehicle Abatement Service Authority are used to reimburse local governmental agencies for a portion of their costs incurred as a result of the abatement, removal and disposal as public nuisances of any abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof; and WHEREAS, the Riverside County Abandoned Vehicle Abatement Service Authority apportions and distributes service fee proceeds to each member agency according to the formula set forth in California Vehicle Code § 22710; and WHEREAS, since the establishment of the Abandoned Vehicle Abatement program in June 1994 it has disbursed $8,291,295 in service fee proceeds to member agencies and caused the abatement of approximately 60,671 abandoned, wrecked, dismantled, or inoperative vehicles located in various cities and the unincorporated area of Riverside County; and WHEREAS, the service fee collected as part of the Abandoned Vehicle Abatement program is set to expire in May 2004; and WHEREAS, the Legislature recently amended California Vehicle Code § 9250.7 to allow for an extension of the service fee collected as part of the Abandoned Vehicle Abatement program in increments of up to 10 years each if the board of supervisors of the county, by a two-thirds vote, and a 14y 003 majority of the cities comprising a majority of the population of the incorporated areas within the county adopt resolutions providing for the extension of the service fee; and WHEREAS, it is desirable to the City of La Quinta to have the Abandoned Vehicle Abatement program continue beyond its current termination date of May 2004. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: That the City of La Quinta approve the extension of the service fee collected on behalf of the Riverside County Abandoned Vehicle Abatement Service Authority until May 31, 2014. Effective Date. This Resolution shall take effect upon adoption. PASSED, APPROVED AND ADOPTED this 215` day of May 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor, City of La Quinta, California Attest: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California IAA 004 T4t!t 44Q" COUNCIL/RDA MEETING DATE: May 21, 2002 Authorization for Overnight Travel for the Community Safety Manager to Attend a Training Class Given by Southern California Association of Code Enforcement Officials, Inc., in Buellton, CA, June 29, 2002 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 1 STUDY SESSION: PUBLIC HEARING: Approve authorization for Overnight Travel for the Community Safety Manager to Attend a Training Class Given by Southern California Association of Code Enforcement Officials, Inc., in Buellton, CA, June 29, 2002. The training will be funded from Travel, Training and Meetings Account #101-352- 637-000. The breakdown of estimated expenditures for this class is as follows: ♦ Registration $ 60 ♦ Meals 25 ♦ Travel 150 ♦ Hotel 100 Total $ 335 None. This course will improve the skills and abilities of the Community Safety Manager in the performance of his duties and ensure that our Code Compliance Department is operating within all legal requirements. Please see the attached pages for course title (Attachment 1). The alternatives available to the City Council include: 1. Approve authorization for Overnight Travel for the Community Safety Manager to Attend a Training Class Given by Southern California Association of Code Enforcement Officials, Inc., in Buellton, CA, June 29, 2002; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Buildi and Safety Director Approved for submission by: homas P. Genovese, City Manager Attachment: 1. Announcement showing class subjects ATTACHMENT 1 o Co O On v v w u M H v v 'b .� w i cd v H C C V tO . 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C v " Ll °: E E ° E cs °: id E o = o F• a --� OD Titit 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 21, 2002 CONSENT CALENDAR: 15 ITEM TITLE: Approval of a Resolution of the City Council STUDY SESSION: Making Certain Findings Pursuant to Health and Safety Code Section 33445(a) and Consenting to the La Quinta PUBLIC HEARING: Redevelopment Agency Funding of Sidewalk Improvements along Avenida La Fonda and Desert Club Drive and Authorization for the City Manager to Enter into a Memorandum of Understanding with Canali Entertainment, L.L.C., to Provide Brick Pavers from Existing City Inventory and to Reimburse Funds for the Installation of the Pavers Along Avenida La Fonda and Desert Club Drive at the Proposed Andrews Bar and Grill Adopt a Resolution of the City Council making certain findings pursuant to Health and Safety Code Section 33445(a) and consenting to the La Quinta Redevelopment Agency funding of sidewalk improvements along Avenida La Fonda and Desert Club Drive and authorization for the City Manager to enter into a Memorandum of Understanding (MOU) with Canali Entertainment, L.L.C. (Canali), to provide brick pavers from existing City inventory and to reimburse funds for the installation of the pavers along Avenida La Fonda and Desert Club Drive at the proposed Andrews Bar and Grill. The City purchased the remaining brick pavers for the Village Improvements. The pavers are currently stored at the City's Maintenance Yard for use on the La Fonda Street Improvement Project. Under the proposed MOU, the City will reimburse up to $15,000 for the installation of the pavers within the pubic right-of-way. 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. 14 ,. T:\PWDEPT\C0UNC1L\2002\020521 g.wpd 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 La Fonda and Desert Club in limited areas to replace two existing driveway approaches. This work is located within the City's right-of-way. 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 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 La Fonda Street Improvements and they 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. A 'J 002 TAPW DEPT\COU NC IL\2002\020521 g.wpd The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council making certain findings pursuant to Health and Safety Code Section 33445(a) and consenting to the La Quinta Redevelopment Agency funding of sidewalk improvements along Avenida La Fonda and Desert Club Drive and authorization for the City Manager to enter into a Memorandum of Understanding with Canali Entertainment, L.L.C., to provide brick pavers from existing City inventory and to reimburse funds for the installation of the pavers along Avenida La Fonda and Desert Club Drive at the proposed Andrews Bar and Grill; or 2. Do not adopt a Resolution of the City Council making certain findings pursuant to Health and Safety Code Section 33445(a) and consenting to the La Quinta Redevelopment Agency funding of sidewalk improvements along Avenida La Fonda and Desert Club Drive and do not authorize for the City Manager to enter into a Memorandum of Understanding with Canali Entertainment, L.L.C., to provide brick pavers from existing City inventory and to reimburse funds for the installation of the pavers along Avenida La Fonda and Desert Club Drive at the proposed Andrews Bar and Grill; or 3. Provide staff with alternative direction. Respectfully_§Abmit , oy F. ephens n Interim Public Works Director/City Engineer Approved for submission by: homas P. Genovese, City Manager Attachments: 1. Memorandum of Understanding 003 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(A) AND CONSENTING TO THE LA QUINTA REDEVELOPMENT AGENCY FUNDING OF SIDEWALK IMPROVEMENTS ALONG AVENIDA LA FONDA AND DESERT CLUB DRIVE WHEREAS, Canali Entertainment, L.L.C. ("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 City Council of the City of La Quinta, California, as follows: SECTION 1. Pursuant to Health and Safety Code Section 33445(a), the City Council 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 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 Health and Safety Code Section 33490. 004 (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 City Council therefore consents to the La Quinta Redevelopment Agency funding of the improvement costs in the amount of $15,000.00 for 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 City Council held on this 21 st day of May, 2002 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: 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 JOHN J. PENA, Mayor City of La Quinta, California r, 1J� ` „ . 005 ATTACHMENT 1 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's Obligations 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, 1 installation of the brick pavers in accordance with the detail as shown on Iffl1 T:\PWDEPT\STAFF\Schulze\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 (10) 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. 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. .�CZ) J 008 T:\PWDEPT\STAFF\Schulze\Special Projects\Andrews\mou.wpd Page 2 of 4 Section 5. Attorney'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. We 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. •UJIM1150��. . 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. 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 1 v "any auto" automobile insurance policy, each at limits of at least 1 million Pa e3of4 009 T:\PWDEPT\STAFF\Schulze\Special Projects\Andrews\mou.wpd g dollars, and a builder's risk insurance policy at 100% of the total cost of the work required pursuant to the MOU. IN WITNESS WHEREOF, Canali and City have caused this MOU to be executed as of the date first above written. CITY OF LA QUINTA, a California municipal corporation Thomas P. Genovese, City Manager ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CANALI ENTERTAINMENT, LLC as 15 010 TAPWDEPT\STAFF\Schulze\Special Projects\Andrews\mou.wpd Page 4 of 4 D n• FLUSH CONCRI CURB COLORI O SIDEWALK PAVERS not to scale 3/8"PA VERS SAND IMPACTED ABATE BASE Oil Tit�t 4 4Q" COUNCIL/RDA MEETING DATE: May 21, 2002 ITEM TITLE: Approval to Appropriate Transportation Congestion Relief Funds for Fiscal Year 2000/2001 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Appropriate $172,777.92 in Transportation Congestion Relief (TCR) Funds for Fiscal Year 2000/2001 as presented. The City of La Quinta received $172,777.92 in TCR funding in Fiscal Year 2000/2001. These funds must be expended in accordance with the criteria outlined within Section 14556.5 of the Government Code on/or before June 30, 2002. Considering the eligibility criteria and the expenditure deadline, the following funding distribution is recommended: Project TCR Funding Amount 714 - Washington Street/Eisenhower Drive Pavement Rehabilitation $72,265.82 712 - Calle Durango/Avenida Juarez Intersection Reconstruction $31,946.30 717 - Calle Tampico/Eisenhower Drive and Avenida Bermudas/Avenue 52 Pavement Rehabilitation, and Adams Street Sidewalk Reconstruction $30,141.40 Eisenhower Drive Asphalt Patch (City P.O. 00398) $13,698.40 692 - Ave 52 Safety Improvements $24,726.00 $172,777.92 Appropriation of TCR Funding toward the improvements identified above will free up the previously budgeted general fund and infrastructure fund revenues for future allocation by the City Council. None. T:\PWDEPT\C0UNCIL\2002\020521 h.wpd Pursuant to Section 14556.6 of the Government Code, the City of La Quinta received $172,777.92 in TCR funds during Fiscal Year 2000/2001. The TCR Funds allocated to a City shall be used for street and highway maintenance, rehabilitation, reconstruction, and storm damage repair. These eligible expenditure areas are further defined as follows: 1. Maintenance means either or both of the following: a. Patching; or b. Overlay and sealing. 2. Reconstruction includes any overlay, sealing, or widening of the roadway, if the widening is necessary to bring the roadway width to the desirable minimum width consistent with the geometric Caltrans design criteria for 3R (reconstruction, resurfacing, and rehabilitation) projects. Excluded projects are those that would increase traffic capacity. 3. Storm damage repair means the repair or reconstruction of local streets and highways and related drainage improvements that have been damaged due to winter storms and flooding, and construction of drainage improvements to mitigate future roadway flooding and damage problems, in those jurisdictions that have been declared disaster areas by the President of the United States, where the costs of those repairs are ineligible for emergency funding with Federal Emergency Relief (ER) funds. The TCR Funding received for Fiscal Year 2000/2001 must be expended in accordance with the eligibility criteria on or before June 30, 2002. The alternatives available to the City Council include: 1 . Appropriate $172,777.92 in Transportation Congestion Relief Funds for Fiscal Year 2000/2001 as presented; or 4. Do not appropriate $172,777.92 in Transportation Congestion Relief Funds for Fiscal Year 2000/2001 as presented. 5. Provide staff with alternative direction. 1V,J 02 TAMDEMCOUNCIL\2002\020521 h.wpd Respectfully submitted 7fephensdn, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager TAMDEMCOUNCI02002\020521 h.wpd 003 Tity/ 4 4Q" COUNCIL/RDA MEETING DATE: May 21, 2002 Adoption of a Resolution Supporting Priority Treatment of Metrolink's Riverside Line by the Union Pacific Railroad Company RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: l STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council supporting priority treatment of Metrolink's Riverside Line by the Union Pacific Railroad Company. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City has received correspondence from the Riverside County Transportation Commission (Attachment 1) regarding the recent decline in timeliness and reliability of the Metrolink Riverside Line commuter trains. To provide for this transit alternative, RCTC invested a significant amount of Measure A funds for capital improvements, operating rights, and additional track. In addition, Metrolink entered into an agreement with Union Pacific to ensure that the commuter trains would receive priority on the Riverside to Los Angeles line. However, the Metrolink Riverside Line frequently experiences delays, often in excess of 30 minutes. RCTC asserts that on -time performance of the Riverside Line is the worst in the five -county Metrolink system, and that the delays are due to the fact that Union Pacific places priority on its freight lines. The Metrolink Board of Directors has recently issued a "Letter to Cure" to Union Pacific seeking an immediate improvement of the operating conditions on the Riverside Line. RCTC and Metrolink are soliciting Resolutions of Support from local agencies to urge priority treatment of commuter trains by the Union Pacific Railroad Company. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council supporting priority treatment of Metrolink's Riverside Line by the Union Pacific Railroad Company; or 2. Do not adopt a Resolution of the City Council supporting priority treatment of Metrolink's Riverside Line by the Union Pacific Railroad Company; or 3. Provide staff with alternative direction. Respectfully submitted, Debbie Powell, Management Analyst Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Letter from the Riverside County Transportation Commission ls� 002 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, IN SUPPORT OF PRIORITY TREATMENT OF METROLINK'S RIVERSIDE LINE BY THE UNION PACIFIC RAILROAD COMPANY WHEREAS, Metrolink train service has become a valuable and effective form of transportation for thousands of Riverside County residents who commute to Los Angeles or Orange Counties; and WHEREAS, Metrolink trains improve overall mobility by giving commuters an alternative to driving alone; and WHEREAS, the Riverside County Transportation Commission and Metrolink lease track rights from Union Pacific Railroad for the operation of commuter rail service from Riverside to Union Station in Downtown Los Angeles; and WHEREAS, the Riverside County Transportation Commission and Metrolink paid more than $71 million to Union Pacific for capital improvements and operating rights to accommodate 12 daily passenger trains; and WHEREAS, the agreement between Metrolink and Union Pacific requires that priority be given to the operation of passenger trains; and WHEREAS, in apparent violation of the agreement, Union Pacific has given priority to its own freight operations; and WHEREAS, Riverside County passengers routinely experience delays of more than 30 minutes during their commute; and WHEREAS, on -time performance on the Riverside Line is the worst among the five -county Metrolink system; and WHEREAS, on -time performance has suffered primarily because of Union Pacific's insistence to value its freight customers over passenger rail uses; and WHEREAS, the Riverside County Transportation Commission and Metrolink are seeking to enhance and improve Metrolink service but are unable to do so without the cooperation of Union Pacific; and 00i ;, WHEREAS, the Metrolink Board of Directors recently issued a "Letter to Cure" to Union Pacific seeking an immediate improvement toward operating conditions on the Riverside Line; and WHEREAS, the issuance of a "Letter to Cure" legally starts the clock on what could lead to a costly and time-consuming arbitration process. NOW, THEREFORE, the City Council of the City of La Quinta does hereby RESOLVE as follows: 1. The City of La Quinta does hereby endorse and support the efforts of the Riverside County Transportation Commission and Metrolink in continued and strengthened efforts to ensure the enforcement of priority treatment contained in the Riverside Operating Agreement with the Union Pacific Railroad Company. 2. That this resolution will be transmitted to the Inland Empire's legislative delegations in Washington D.C. and Sacramento. PASSED, APPROVED and ADOPTED this 21 st day of May 2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: JOHN J. PENA, Mayor City of La Quinta, California ? 16 004 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 S:\City Clerk\Resolutions\Metrolink.wpd 005 Riversidecounty Transportation (commission March 18, 2002 Mayor and City Council Members City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Honorable Mayor and Council Members: ` ATTACHMENT 1 Q V 3560 University Avenue Suite 100 • Riverside, California 92501 phone: (909)781'-7141 • fax: (909)787-7920 • www.rctnorg The Riverside County Transportation Commission (ROTC) is seeking your support in ensuring the enforcement of priority treatment of the Metrolink Riverside Line commuter trains contained_ in the Riverside Operating Agreement with the Union Pacific Railroad Company (UP). As you are probably aware, the Riverside Line is an important transit alternative to our region. ROTC, largely through the use of Measure A funds, along with SANBAG and MTA, has invested over $71 million for capital improvements, track rights, and the purchase of track to accommodate the operation of twelve weekday commuter trains. In making that investment, we were assured by UP that commuter trains could coexist with the existing freight traffic between Riverside and Los Angeles. Unfortunately, Riverside County riders have experienced the trend of long-term decline in the timeliness and reliability of trains on this line. Not only has the on -time performance trended downward over the years, but also the duration of delays has increased. The on -time performance problems are further exacerbated by noise and traffic delays experienced from freight trains during the day and night. As witnessed by the recent petition circulated among Riverside Line riders (of which over 40% live in Riverside County), the chronic problems with the on -time performance of the Riverside Line must stop. The enclosed sample resolution highlights the various issues and impacts resulting from the lack of priority treatment from UP. We respectfully request that your body consider these issues and join our effort to protect our investment by adopting such a Resolution. If you have any questions, please do not hesitate to contact Stephanie Wiggins, Rail Program Manager at (909) 787-7908 or via e-mail at swiggins@rctc.org. i Aervi y, r Jon Tavagli hair Riverside County Transportation Commission Enclosure: Draft Resolution Regarding the Metrolink Riverside Line CC: Tom Genovese, City Manager June Greek, City Clerk 16i 007 COUNCIL/RDA MEETING DATE: May 21, 2002 Approve the Riverside County Cooperation Agreement for Community Development Block Grant Funds for Fiscal Years 2003-2005 and Authorize the Mayor to Sign the Agreement RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Riverside County Cooperation Agreement for Community Development Block Grant Funds for Fiscal Years 2003-2005 and authorize the Mayor to sign the Agreement. FISCAL IMPLICATIONS: The County has not yet estimated the grant allocations for cities. Allocations will be based on population, overcrowding, and poverty rates from the 2000 Census data. Overcrowding and poverty rates will not all be available until September, 2002. CITY CHARTER IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The County of Riverside is in the process of qualifying as an Urban County with the Department of Housing and Urban Development (H.U.D.) for Fiscal Years 2003-2005. The City must enter into this Cooperation Agreement with the County to be eligible to receive Urban County Community Development Block Grant (CDBG) Funds and to apply for related housing grant monies that may become available during the three- year term of the Agreement. The City of La Quinta has participated in this CDBG program for eighteen years; and has previously entered into three-year Cooperation Agreements with the County. The primary objective of the CDBG program is the development of viable urban communities by providing adequate housing, a suitable living environment, and expansion of economic opportunities for persons of very low and low and moderate incomes. Towards achieving this objective, the Riverside County Housing Authority administers the federally funded Section 8 Rental Assistance Program. There are 113 Section 8 rental assistance units in La Quinta. In addition, the City has a Redevelopment Agency that administers community development and affordable housing programs. The City completed construction of the Senior Center and street improvements on La Fonda funded, in part, with CDBG grant funding. Key provisions of the Cooperation Agreement include: 1) the City and County are obligated to take all actions necessary to assure compliance with all applicable federal statutes such as the Civil Rights Act of 1964, the Fair Housing Act, the Housing and Community Development Act of 1974, and the National Environmental Policy Act of 1969; 2) the City shall develop a community development plan for the period of this Agreement; 3) the City shall follow the approved citizen participation plan; and 4) the City certifies there is and will be no undue influence in the appropriation of these funds. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Riverside County Cooperation Agreement for Community Development Block Grant Funds for Fiscal Years 2003-2005 and authorize the Mayor to sign the Agreement; or 2. Do not approve the Riverside County Cooperation Agreement for Community Development Block Grant Funds for Fiscal Years 2003-2005 and do not authorize the Mayor to sign the Agreement; or 3. Provide staff with alternative direction. Respectfully submitted, Herman ommunity Development Director Approved for Submission by: Thomas P. Genovese, City Manager Attachments: 1 . Cooperation Agreement for Community Development Block Grant Funds for Q Fiscal Years 2003-2003 022 ATTACHMENT 1 1 COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 2 FOR FISCAL YEARS 2003-04, 2004-05, 2005-06 3 4 COUNTY OF RIVERSIDE of the State of California, hereinafter referred to as 5 "COUNTY", and City of , an incorporated municipality within the geographical 6 boundaries of the COUNTY , hereinafter referred to as "CITY", mutually agree as follows: 7 WHEREAS, the Housing and Community Development Act of 1974, as amended 8 (Public Law 93-383), hereinafter called "ACT" provides that Community Development Block 9 Grant, hereinafter referred to as "CDBG", funds may be used for the support of activities that 10 provide decent housing and suitable living environments and expanded economic opportunities 11 principally for persons of low and moderate income; and 12 WHEREAS, the HOME program authorized by the HOME Investment Partnerships Act 13 (HOME) was enacted as Title II of the National Affordable Housing Act of 1990, has as its 14 purposes: to expand the supply of decent, affordable housing for low and very -low income 15 families with emphasis on rental housing; build State and local capacity to carry out affordable 16 housing programs, and provide for coordinated assistance to participants in the development of 17 11 affordable low-income housing; and 18 11 WHEREAS, CDBG regulations require counties to re -qualify as an Urban County under 19 11 the CDBG program every three years; and 20 11 WHEREAS, the execution of this Agreement is necessary to include CITY as a 21 participating unit of general government under COUNTY `s Urban County CDBG and HOME 22 11 program. 23 NOW THEREFORE, in consideration of the mutual covenants herein set forth and the 24 11 mutual benefits to be derived therefrom, the parties agree as follows: 25 11 1. GENERAL. 26 This Agreement gives COUNTY authority to undertake or assist in undertaking 27 activities for Fiscal Years 2003-04, 2004-05, 2005-06, which will be funded from the CDBG 28 1 program, the HOME Investment Partnership program, and from any program income generated C 04 Page 1 of 1 1 from the expenditure of such funds. COUNTY and CITY agree to cooperate to undertake or 2 1 assist in undertaking, community renewal and lower income housing assistance activities, 3 specifically urban renewal and publicly assisted housing. COUNTY is qualified as an "Urban 4 County" under the ACT. CITY, by executing this Agreement, hereby gives notice of its election 5 to participate in an Urban County Community Development Block Grant program, hereinafter 6 referred to as "CDBG programs". 7 1 By executing this Agreement, CITY understands that it may not apply for grants 8 from appropriations under the Small Cities or State CDBG Programs for fiscal years during the 9 period in which it participates in the Urban County's CDBG program and that CITY may 10 1 participate in a HOME program only through the Urban County not a consortium. 11 2. TERM. 12 The term of this Agreement shall be for not less than a period of three (3) years 13 commencing on July 1, 2003 and extending through the federal fiscal years 2005-2006, which 14 ends June 30, 2006, unless an earlier date of termination is fixed by U.S. Department of Housing 15 and Urban Development, hereinafter called HUD, pursuant to ACT. The terms of this 16 Agreement shall remain in effect until the CDBG (and HOME, where applicable) funds and 17 program income received with respect to activities carried out during the three-year qualification 18 period are expended and the funded activities completed, and that the COUNTY nor the CITY 19 may terminate or withdraw from the cooperation Agreement while it remains in effect. 20 3. PREPARATION OF FEDERALLY REQUIRED FUNDING 21 APPLICATIONS. 22 COUNTY, by and through its Economic Development Agency, subject to 23 approval of COUNTY's Board of Supervisors, shall be responsible for preparing and submitting 24 to HUD, in a timely manner those reports and statements required by the ACT and the federal 25 regulations promulgated by HUD to secure entitlement grant funding under the CDBG and 26 HOME program. This duty shall include the preparation and processing of COUNTY Housing, 27 Community and Economic Development Needs Identification Report, Citizen Participation Plan 28 1 the County Consolidated Plan, Consolidated Annual Performance and Evaluation Report an( 116.) Page 2 of 2 1 other related programs which satisfy the application requirements of ACT and its regulations. 2 4. COMPLIANCE WITH FEDERAL STATUTES REGULATIONS AND 3 OTHER APPLICABLE STATUTES REGULATIONS AND ORDINANCES. 4 (a) COUNTY and CITY will comply with the applicable provisions of the 5 ACT and those federal regulations promulgated by HUD pursuant thereto, as the same currently 6 exists or may hereafter be amended. The COUNTY and CITY will take all actions necessary to 7 assure compliance with COUNTY's certifications required by Section 104 (b) of Title I of ACT. 8 COUNTY and CITY will comply with the provisions of the National Environmental Policy Act 9 of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and 10 Title 24 Code of Federal Regulations part 570; the Fair Housing Act; Cranston -Gonzales 11 National Affordable housing Act,(Public Law 101-625); Section 109 Title I of the Housing and 12 Community Development Act of 1974 (42 U.S.C.§5309); Executive Order 11063, as amended 13 by Executive Order 12259; Executive Order 11988; the Uniform Relocation Assistance and Real 14 Property Acquisition Policies Act of 1970 (42 U.S.C.§4630, et. seq.) and other federal or state 15 statute or regulation that is applicable to the use of CDBG or HOME Investment Partnerships 16 Act (enacted as Title II of the National Affordable Housing Act of 1990) funds. 17 (b) CITY agrees that CDBG funding for activities in or in support of CITY 18 are prohibited if CITY does not affirmatively further fair housing within its own jurisdiction or 19 impedes COUNTY actions to comply with its fair housing certification. 20 (c) CITY and COUNTY shall meet the citizen participation requirements of 21 24 CFR 570.301 and provide citizens with: 22 1. The estimate of the amount of CDBG funds proposed to be used 23 for activities that will benefit persons of low and moderate income; and 24 1 2. A plan for minimizing displacement of persons as a result of 25 activities assisted with CDBG funds and to assist persons actually displaced as a result of such 26 activities. 27 3. A plan that provides for and encourages citizen participation, with 28 particular emphasis on participation by persons of low and moderate income who are residents of 006 Page 3 of 3 I slum and blighted areas and of areas in which funds are proposed to be used, and provides for 2 participation of residents in low and moderate income neighborhoods; 3 4. Reasonable and timely access to local meetings, information and 4 records relating to the grantee's proposed use of funds, as required by the regulations of the 5 Secretary, and relating to the actual use of funds under the ACT; 6 5. Provides for public meetings to obtain citizen views and to respond 7 to proposals and questions at all stages of the community development program, including at 8 least the development of needs, the review of proposed activities and review of program 9 performance, which meetings shall be held after adequate notice, at times and locations 10 convenient to potential or actual beneficiaries, and with accommodation for the handicapped; 11 (d) CITY shall develop a community development plan, for the period of this 12 Agreement, that identifies community development and housing needs and specifies both short 13 and long-term community development objectives. 14 (e) CITY certifies, to the best of its knowledge and belief, that: 15 1. No Federal appropriated funds have been paid or will be paid, by 16 or on behalf of the CITY, to any person for influencing or attempting to influence an officer or 17 employee of any agency, a Member of Congress, an officer or employee of Congress, or an 18 employee of a Member of Congress in connection with the awarding of any Federal contract, the 19 making of any Federal grant, the making of any Federal loan, the entering into of any 20 cooperative agreement, and the extension, continuation, renewal, amendment or modification of 21 any Federal contract, grant, loan or cooperative agreement. 22 2. If any funds other than Federally appropriated funds have been 23 paid or will be paid to any person for influencing or attempting to influence an officer or 24 employee of any agency, a Member of Congress, an officer or employee of Congress, or an 25 employee of a Member of Congress in connection with this Federal contract, grant, loan, or 26 cooperative agreement, the undersigned shall complete and submit standard Form-LLL, 27 "Disclosure Form to Report Lobbying", in accordance with its instructions. 28 3. The CITY shall require that the language of this certification be 0M 1 Page 4 of 4 I included in the award documents for all subawards at all tiers (including subcontracts, subgrants 2 and contracts under grants, loans and cooperative agreements) and that all subrecipients shall 3 certify and disclose accordingly. This certification is a material representation of fact upon' 4 which reliance was placed when this transaction was made or entered into. 5 (f) In accordance with Section 519 Public Law 101-144, (the 1990 HUD 6 Appropriations Act), the CITY certifies that it has adopted and is enforcing a policy prohibiting 7 the use of excessive force by law enforcement agencies within its jurisdiction against any 8 individuals engaged in non-violent civil rights demonstrations, and that it has adopted and is 9 enforcing applicable State and local laws against physically barring entrance to or exit from a 10 facility or location which is the subject of such non-violent civil rights demonstrations within its 11 jurisdiction. 12 5. COMPLIANCE WITH POLICY AND PROGRAM OBJECTIVES. 13 Policy and program objectives as required by applicable federal regulations for 14 the efficient administration of the CDBG program will be adopted by COUNTY's Board of 15 Supervisors, and COUNTY and CITY will adhere to said policy and program objectives. 16 6. OTHER AGREEMENTS. 17 Pursuant to federal regulations at 24 CFR 570.501(b), CITY is subject to the same 18 requirements applicable to subrecipients, including the requirement of a written agreement set 19 forth in federal regulations at 24 CFR 570.503. For each fiscal year during the term of this 20 Agreement, COUNTY and CITY shall enter into a Supplemental Agreement that will have a 21 term coinciding with a Program Year and enumerate the project(s) CITY will implement with its 22 entitlement funds. Said Supplemental Agreement will set forth the time schedule for completion 23 of said project(s) and any funding sources, in addition to entitlement funds, that will be used in 24 completing the project(s). If substantial compliance with the completion schedule, due to 25 unforeseen or uncontrollable circumstances, cannot be met by CITY, the schedule for the 26 project(s) may be extended. If substantial progress toward drawdown of funds is not made 27 during the term of the Supplemental Agreement, the entitlement funds associated with the 28 project(s) may be reprogrammed by COUNTY after appropriate notice is given CITY. Page 5 of 5 I COUNTY's decision not to extend the completion schedule associated with the project(s) or to 2 reprogram the entitlement funds associated with the project(s) will not excuse CITY from 3 complying with terms of this Agreement. 4 1 7. DETERMINATION OF PROJECTS TO BE FUNDED AND 5 DISTRIBUTION OF ENTITLEMENT FUNDS. 6 CITY will, prior to the commencement of a Program Year, designate those 7 projects that it desires to implement with its entitlement funds, said designation to comply with 8 statutory and regulatory provisions governing citizen's participation. Said designation is to be 9 reviewed by the COUNTY's Economic Development Agency to determine that the project is 10 eligible under federal regulations for funding and inclusion in the annual Consolidated Plan's 11 Action Plan and consistent with both federal and COUNTY policy governing use of Community 12 Development Block Grant (CDBG) funds. 13 COUNTY's Board of Supervisors will, consistent with Paragraphs 3, 4, 5, 6 and 7 14 of this Agreement, determine the distribution and disposition of all CDBG funds received by 15 COUNTY pursuant to the Act. 16 8. COMMUNITY DEVELOPMENT BLOCK GRANT MANUAL. 17 CITY warrants that those officers, employees and agents retained by it and 18 responsible for implementing those projects funded by CDBG funds have received, reviewed and 19 will follow the Community Development Block Grant Manual that has been prepared by 20 1 COUNTY and, by this reference, said Manual is incorporated herein and made apart hereof. 21 9. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY 22 CONSTRUCTED WITH CDBG FUNDS. 23 When CDBG funds are used, in whole or in part by CITY to acquire real property 24 or to construct a public facility, CITY will comply with the National Environmental Policy Act 25 of 1969 (42 U.S.C. §§4321, et seq.), the California Environmental Quality Act (Cal. Pub. 26 Resources Code §§21000, et seq.), the Uniform Relocation Assistance and Real Property 27 1 Acquisition Policies Act of 1970 (42 U.S.C. §§4630, et seq.), California Government Code 28 Sections 7260 et seq., as those Acts may be amended from time to time and any federal or state 09 Page 6 of 6 1 11 regulations issued to implement the aforementioned laws. 2 In addition, the following is to occur: 3 (a) Title to the real property shall vest in CITY; 4 (b) The real property will be held by or the constructed facility will be 5 maintained by the CITY until five years after the date that the CITY is no longer participating 6 with the County in the CDBG entitlement program and is no longer considered by HUD to be a 7 part of the Urban County CDBG program. g (c) While held by CITY, the real property or the constructed facility is to be 9 used exclusively for the purpose for which acquisition or construction was originally approved 10 by COUNTY; 11 (d) CITY shall provide timely notice to COUNTY of any action which would 12 result in a modification or change in the use of the real property purchased or improved, in whole 13 or in part with CDBG or HOME funds from that planned at the time of acquisition or 14 improvement, including disposition. 15 (e) CITY shall provide timely notice to citizens and opportunity to comment 16 on any proposed modification or change; 17 (f) Written approval from COUNTY must be secured if the property or the 18 facility is to be put to an alternate use that is or is not consistent with federal regulations 19 governing CDBG funds; 20 (g) Should CITY desire during the five (5) year period to use the real property 21 or the constructed facility for a purpose not consistent with applicable federal regulations 22 governing CDBG funds or to sell the real property or facility, then: 23 (1) If CITY desires to retain title, it will have to reimburse either 24 COUNTY or the federal government an amount that represents the percentage of current fair 25 market value that is identical to the percentage that CDBG funds comprised monies paid to 26 initially acquire the property or construct the facility; or 27 (2) If CITY sells the property or facility or is required to sell the property 28 or facility, CITY is to reimburse either the COUNTY of the federal government an amount that Page 7 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 •epresents the percentage of proceeds realized by the sale that is identical to the percentage that --DBG funds comprised monies paid to initially acquire the property or construct the facility. Phis percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds. 10. DISPOSITION OF INCOME GENERATED BY THE EXPENDITURE OF CDBG FUNDS. CITY shall inform COUNTY of any income generated by the expenditure of CDBG funds received by CITY from COUNTY. CITY may not retain any program income so generated. Any and all program income shall be returned to the County and may only be used for eligible activities in accordance with all CDBG requirements, including all requirements for citizen participation. COUNTY has the responsibility for monitoring and reporting to HUD on the use of any such program income, thereby requiring appropriate record keeping and reporting by I CITY as may be needed and requested by COUNTY. 11. TERMINATION. This Agreement may not be terminated by either CITY or COUNTY, nor may the CITY or COUNTY withdraw from this Agreement or any of the terms of this Agreement. 12. FORMER AGREEMENTS UTILIZING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS BETWEEN COUNTY AND CITY. All agreements between CITY and COUNTY regarding the use of CDBG funds for fiscal years 1975-76 through 2002-2003 and any Supplemental Agreements thereunder, shall remain in full force and effect. If the language of this Agreement is in conflict or inconsistent with the terms of any prior said agreements between CITY and COUNTY, the language of this Agreement will be controlling. 13. INDEMNIFICATION' CITY agrees to indemnify, defend and hold harmless COUNTY and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising from CITY acts, errors or omissions and for any costs or Page 8 of 8 I expenses incurred by COUNTY on account of any claim therefore, except where such 2 indemnifications is prohibited by law. CITY shall promptly notify COUNTY in writing of the 3 occurrence of any such claims, actions, losses, damages, and/or liability. 4 CITY shall indemnify and hold harmless COUNTY against any liability, claims, 5 losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or 6 its successor that activities undertaken by CITY under the program(s) fail to comply with any 7 laws, regulations or policies applicable thereto or that any funds billed by and disbursed to CITY 8 under this Agreement were improperly expended. 9 10 Dated: , 2002 11 ATTEST: 12 13 GERALD A. MALONEY COUNTY OF RIVERSIDE Clerk of the Board 14 15 16 17 By: By: 18 Deputy Chairman, Board of Supervisors 19 20 CITY OF ATTEST: 21 22 ►4k, 24 By: By. 25 City Clerk Chief Executive Officer, Mayor 26 27 1 Cooperation Agreement For Community Development Block Grant Funds 2001,2002,2003 28 Page 9 of 9 l COUNTY COUNSEL CERTIFICATION 2 The Office of the County Counsel hereby certifies that the terms and provisions of this d 1 a1 law and that the Agreement provides full 3 Agreement are fully authorized under state an oc 4 legal authority for the COUNTY to undertake or assist in undertaking essential community 5 development and housing assistance activities specifically urban renewal and publicly assisted 6 housing. 7 WILLIAM C. KATZENSTEIN County Counsel 8 9 10 By: 11 Deputy 12 13 14 15 16 17 F;W.-dCDBGICVW"AM'a*PM3'd- 18 19 20 21 22 23 24 25 26 27 28 13 1; Page 10 of 10 T,it!t 4 XP Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 21, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of the Community Services PUBLIC HEARING: Commission Work Plan for Fiscal Year 2002-03 RECOMMENDATION: Approve the Community Services Commission's 2002-03 Work Plan. FISCAL IMPLICATIONS: Fiscal commitments will be minimal and based on projects undertaken by the Community Services Commission per the approved Work Plan. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Community Services Commission, at its April 8, 2002 meeting, approved the final draft of the 2002-03 Work Plan (Attachment 1) and is submitting the Work Plan for City Council consideration and approval. The tasks identified in the Work Plan are the same as provided in the Commission's 2001-02 Work Plan. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Community Services Commission's 2002-03 Work Plan; or 2. Do not approve the Community Services Commission's 2002-03 Work Plan; or 3. Provide staff with alternative direction. Respectfully submitted, Dodie Horvitz, munity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Community Services Commission 2002-03 Work Plan S:\Community Services\CCReports\CC.198.CSC Workplan.wpd ATTACHMENT 1 CITY OF LA QUINTA VICES N 2002 - 03 Approved by City Council May 21, 2002 COMMUNITY SERVICES COMMISSION PHILOSOPHY The general purpose of the Community Services Commission is to encourage the development of a planned and orderly approach to the delivery of leisure and community services in the City. The objectives of the Commission are to: ♦ Serve in an advisory capacity to the City Council on identifying matters pertaining to recreation and community services ♦ Communicate the availability of services to citizens through both private and public resources to avoid duplication and conflict of effort ♦ To evaluate the effectiveness of services provided ASSIGNMENT ITEMS: PAGE Community Services/Recreation 4 Park Development 5 Liaison To The Community 6 Community Unity 7 Safety g Advisory Body To City Council g 3 Task: Community Services/Recreation Completion Date: On -going Participants: Commissioners Suggested Resources: Leisure and Recreation Program Providers Steps To Completion ♦ Work with Community Services Director on community service issues Staff Time: One to two hours per month, depending on issues Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council Council Role: Provide approval for Commission to fulfill this assignment Reference: Chapter 2.95.040 (a)(1): Analyze community service's program effectiveness and needs, and recommend comprehensive solutions; Chapter 2.95.040 (a)(8): Propose recreation and social programs; (14): Make recommendations to the City Council relating to the need for evaluation and planning of the community service delivery system; (18): Evaluate and make recommendations concerning existing services with regard to service overlap or gaps. W Task: Park Development Completion Date: On -going Participants: Commissioners Suggested Resources: Park and Recreation Master Plan, La Quinta General Plan Steps To Completion: ♦ Review and comment on Parks and Recreation Master Plan annually ♦ Review Trails Master Plan ♦ Review proposed Park Development projects Staff Time: 2-10 hours per week Fiscal Commitment: Pursuant to projects Staff Role: Provide support and liaison to the City Council Council Role: Include the Commission in the design and development process, screening and selection of professional firms, and conduct public hearings. Review and consider Commission recommendations Reference: Chapter 2.95.040(a)(3):Prepare and maintain community services master plans; (5): Serve as a public forum and conduct. public hearings for recreation and human services concerns; (1 1): Review individual park master plans for recommendation to City Council. 7 5 Task: Liaison To The Community Completion Date: On -going Participants: Commissioners Suggested Resources: Community Services Department Program Brochure, Mainstreet Marketplace, Chamber of Commerce Newsletter, Desert Sands Unified School District, other community agencies and organizations Steps To Completion: ♦ Monitor, review and promote recreation and leisure programs in La Quinta ♦ Attend: Mayor's Luncheon; Senior Center Functions; Chamber Functions; Mainstreet Marketplace; school board meetings, and other agency meetings ♦ Report on Commission actions, conduct public forums to gather opinion, upon Council approval Staff Time: One to two hours per month Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with specific methods as to how to best represent the Council. Reference: Chapter 2.95.040 (a)(12) Aid in coordinating the recreation services of other governmental agencies and volunteer organizations; (13) Make recommendations to the City Council on community issues. Task: Community Unity Completion Date: On -going Participants: Commissioners Suggested Resources: Community Resources and Agencies Steps To Completion: ♦ Conduct Community Youth Workshop to gather input from the community regarding current programs ♦ Encourage participation in recreational, cultural, social, educational, health related and safety programs ♦ Conduct the Community Picnic and include the City Of La Quinta's "Birthday" Celebration the weekend closest to May 1 of each year Staff Time: 50-80 hours per event Fiscal Commitment: $1,400 Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with direction/comment Reference: Chapter 2.95.040 (a)(17):Foster mutual understanding and respect among racial, religious, cultural and nationality groups. Task: Completion Date: Participants: Safety On -going Commissioners Suggested Resources: Cachet kits, brochures, pamphlets, ASTM Standard Consumer Safety Performance Specifications for Play Equipment for Public Use Steps To Completion: ♦ Encourage participation in American Red Cross, CVAG, LQ Fire Dept., Volunteers for Increased Public Safety (YIPS) and other local services ♦ Provide information to residents on available services ♦ Provide Disaster Preparedness Information ♦ Review and update list of emergency personnel who could be called upon in an emergency ♦ Promote safe facilities Staff Time: One to two hours per month Fiscal Commitment: None Staff Role: Advise Commission of meetings and provide support and liaison to the Community Safety Manager Council Role: Provide approval for Commission to fulfill this assignment Reference: Chapter 2.95.040 (a)(16): Encourage and promote understanding and cooperation between the public safety agencies and the residents; Chapter 2.95.040 (10): Review parks maintenance standards and quality. Task: Advisory Body to City Council Completion Date: On -going Participants: Commissioners Suggested Resources: To Be Determined Steps To Completion: ♦ Be actively involved in City issues and concerns ♦ Receive direction from City Council and take action as directed, accept assignments ♦ Maintain communication with the City Council ♦ Attend annual training workshops, schools and conferences to improve Commissioner performance ♦ Provide annual work plan for Council review, comment and approval ♦ Review grant opportunities and make recommendations for funding to the City Council Staff Time: 4-6 hours per month Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with specific direction as to how to better assist the Council. Provide opportunities to meet with Council through joint meetings. Reference: Chapter 2.95.020 (a): to serve as an advisory capacity to the City Council; 2.95.040 (a)(4): receive and act on all assignments made by City Council; 2.95.040 (a)(5) Serve as a public forum and conduct public hearings for recreation and human service concerns; 2.95.060 (C): The City Council shall periodically review the progress of the Commission; 2.95.040 (a)(2): Make recommendations to the City Council for research and solicitation of grants and donations. Tv1 ry � I ` AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 21, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of the Cultural Arts PUBLIC HEARING: Commission Work Plan for Fiscal Year 2002-03 {RECOMMENDATION: Approve the Cultural Arts Commission's 2002-03 Work Plan. FISCAL IMPLICATIONS: Fiscal implications will be based on the projects undertaken by the Cultural Arts Commission per the approved Work Plan. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Cultural Arts Commission, at its April 11, 2002 meeting, approved the final draft of the 2002-03 Work Plan (Attachment 1) and is submitting the Work Plan for City Council consideration and approval. A redline version (Attachment 2) of the changes made from the 2001-02 Cultural Arts Commission Work Plan and incorporated in the 2002-03 Work Plan is provided as a reference. The major change to the Cultural Arts Commission Work Plan includes increasing the amount available to hire performing artists at events from $5,000 per year to $10,000 per event, for five events, or a total request of $50,000 for Fiscal Year 2002-03. This request is identified in the "Coachella Valley Cultural Conferences, Workshops & Events" task on pages 017 and 018 of this report. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Cultural Arts Commission's 2002-03 Work Plan; or 2. Do not approve the Cultural Arts Commission's 2002-03 Work Plan; or 18 t-> 3. Provide staff with alternative direction. Respgctfully qubmitted, Dodie Horvitz,,@d?'(munity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. 2002-03 Cultural Arts Commission Work Plan - Final Draft 2. 2002-03 Cultural Arts Commission Work Plan - Redline Version 18 C 02 S:\Community Services\CCReports\CC.199.CAC Workplan.wpd ATTACHMENT 1 CITY OF LA QUINTA TM INCORPOILATM EM OF [N 9 CULTURAL ARTS COMMISSION WORK PLAN 2002-03 Approved by City Council May 21, 2002 11)0 Cultural Arts Commission Work Plan July 2002 Task: Annual Work Plan Completion Date: May 2003 Participants: Commissioners Suggested Resources: Commissioners, Staff Commissioner Steps to Completion: • Review existing assignments • Review programs being offered by other Cities • Suggest programs to fill any voids Commission Time: 1-2 hours per plan Staff Time: 3-4 hours per plan Fiscal Commitment: None Staff Role: Provide support and act as liaison to City Council Council Role: Review and approve Work Plan Goal: Chapter 2.75.040 (4) of Ordinance 317: "Make recommendations to the City Council concerning the resources and needs on the subject of the arts..." 2 Cultural Arts Commission Work Plan Task: Completion Date: Participants: Suggested Resources: Commission Steps To Completion: Commission Time: Staff Time: Fiscal Commitment: Staff Role: Council Role: July 2002 Placement of Public Art On -going Commissioners, Staff Commissioners, City Council, Residents • Inventory current artwork and sites • Schedule artist for Cultural Arts Commission meeting • Review the proposed artwork • Make a recommendation to the City Council regarding the artwork and recommend the appropriation of a specific amount to be committed to the site 5 hours per project 10-12 hours per project Funds appropriated from the Art in Public Places Account Consider site, art piece and appropriation of funds Provide support. Art placement subject to final City Council approval Goal: Chapter 2.75.040 (12) The Commission will submit to the City Council a recommendation for ratification of public art to be financed by the Art in Public Places program. (15) The Commission will make recommendations to the City Council for the commissioning of artworks, the purchase or lease of art sites, agreements for the purchase and display of artwork, or the repair, maintenance or servicing of artwork. 1�, 3 Cultural Arts Commission Work Plan July 2002 Task: Temporary Art Placement Program Completion Date: On -going Participants: Commissioners Suggested Resources: Commissioners, local artists and art galleries Commission Steps To Completion: • Update current application for clarity • Notify artists that the program exists • Once requests have been received, work with developers/land owners and artists to select a predetermined site specific art piece for a location to recommend to Council • Obtain Council approval Commission Time: Staff Time: Fiscal Commitment: Staff Role: Council Role: 10 hours per project 4-6 hours None at this time Provide support and act as a liaison to City Council Provide support and review and approval of contract Goal: Chapter 2.75.040 (4) Make recommendations to the City Council concerning the resources and needs of the community on the subject of the arts, opportunities for participation of artists and performers in City sponsored activities, and ways to encourage community involvement. 4 "v' Cultural Arts Commission Work Plan July 2002 Task: Develop Public Art Program Information Completion Date: On -going Participants: Commissioners, Staff Suggested Resources: Staff, Commissioners, printed materials, activity calendars, lists of organizations Commission Steps To Completion: • Work with City Council to determine the best method to inform the public about the Public Art • Commissioners to design and draft contents of the information for Commission review and recommendation to the City Council for their approval • Publish information in current City brochures, on the City's Website and Chamber of Commerce map Commission Time: Staff Time: 15-20 hours per month 6-8 hours per publication Fiscal Commitment: Costs would need to be determined for the printing Staff Role: Provide support and liaison with City Council Council Role: Consideration of content and funding Goal: Chapter 2.75.040 (4) Make recommendations to the City Council concerning the resources and needs of the community on the subject of the arts, opportunities for participation of artists and performers in City sponsored activities and way to encourage community involvement. 5 Cultural Arts Commission Work Plan July 2002 Task: Completion Date: Participants: Suggested Resources: Commission Steps to Completion: Commission Time: Staff Time: Coachella Valley Cultural Conferences, Workshops, & Events On -going Commissioners, City Council Community members, City Council, Coachella Valley Cities, private cultural arts interests, State and Federal sources • Recommend to Council proposed conferences, workshops & events such as concerts, dances, puppet shows, chorale, mimes, and to participate in Holiday 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 Up to 100 hours per event Up to 60 hours per event Fiscal Commitment: Up to $3,000 per event Up to $10,000 for performing artists for five events per year 6 Cultural Arts Commission Work Plan July 2002 Staff Role: Provide support and act as a liaison 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. �10 Cultural Arts Commission Work Plan July 2002 Task: Completion Date: Participants: Suggested Resources: "Meet the La Quinta Artist" Bi-Monthly Commissioners Commissioners, Staff, Residents, Media sources Commission Steps To Completion: • Commission Time: Staff Time: Fiscal Commitment: Staff Role: Council Role: Goal: E: A local artist representing a different medium will be randomly selected to be showcased in the La Quinta Chamber of Commerce Newsletter and at other cultural events with a "snapshot" of their work 5 hours per event 1 hour per month None Provide support and act as liaison to City Council Provide direction and support, review and consider the program Chapter 2.75.040 (10) Develop public art awareness through the presentations of speakers, forums, mixers and special events. ATTACHMENT 2 CITY OF LA QUINTA CULTURAL ARTS COMMISSION WORK PLAN 2002-03 Approved by City Council june, May 21, 2002 2 Cultural Arts Commission Work Plan July 2001 2002 Task: Completion Date: Participants: Suggested Resources: Annual Work Plan May 2002 2003 Commissioners Commissioners, Staff Commissioner Steps to Completion: • Review existing assignments • Review programs being offered by other Cities • Suggest programs to fill any voids Commission Time: 1-2 hours per plan Staff Time: 3-4 hours per plan Fiscal Commitment: None Staff Role: Provide support and act as liaison to City Council Council Role: Review and approve Work Plan Goal: Chapter 2.75.040 (4) of Ordinance 317: "Make recommendations to the City Council concerning the resources and needs on the subject of the arts..." 3 Cultural Arts Commission Work Plan July 26612002 Task: Placement of Public Art Completion Date: On -going Participants: Commissioners, Staff Suggested Resources: Commissioners, City Council, Residents Commission Steps To Completion: • Inventory current artwork and sites • Schedule artist for Cultural Arts Commission meeting • Review the proposed artwork • Make a recommendation to the City Council regarding the artwork and recommend the appropriation of a specific amount to be committed to the site Commission Time: Staff Time: Fiscal Commitment: Staff Role: Council Role: 5 hours per project 10-12 hours per project Funds appropriated from the Art in Public Places Account Consider site, art piece and appropriation of funds Provide support. Art placement subject to final City Council approval Goal: Chapter 2.75.040 (12) The Commission will submit to the City Council a recommendation for ratification of public art to be financed by the Art in Public Places program. (15) The Commission will make recommendations to the City Council for the commissioning of artworks, the purchase or lease of art sites, agreements for the purchase and display of artwork, or the repair, maintenance or servicing of artwork. C1 4 1 Cultural Arts Commission Work Plan July 2@612002 Task: Completion Date: Participants: Suggested Resources: Commission Steps To Completion: Commission Time: Staff Time: Fiscal Commitment: Staff Role: Council Role: Temporary Art Placement Program On -going Commissioners Commissioners, local artists and art galleries • Update current application for clarity • Notify artists that the program exists • Once requests have been received, work with developers/land owners and artists to select a predetermined site specific art piece for a location to recommend to Council • Obtain Council approval 10 hours per project 4-6 hours None at this time Provide support and act as a liaison to City Council Provide support and review and approval of contract Goal: Chapter 2.75.040 (4) Make recommendations to the City Council concerning the resources and needs of the community on the subject of the arts, opportunities for participation of artists and performers in City sponsored activities, and ways to encourage community involvement. 5 Cultural Arts Commission Work Plan July 2001 2002 Task: Completion Date: Participants: Suggested Resources: Commission Steps To Completion: Commission Time: Staff Time: Develop Public Art Program Information On -going Commissioners, Staff Staff, Commissioners, printed materials, activity calendars, lists of organizations • Work with City Council to determine the best method to inform the public about the Public Art • Commissioners to design and draft contents of the information for Commission review and recommendation to the City Council for their approval • Publish information in current City brochures, on the City's Website and Chamber of Commerce map 15-20 hours per month 6-8 hours per publication Fiscal Commitment: Costs would need to be determined for the printing Staff Role: Provide support and liaison with City Council Council Role: Consideration of content and funding Goal: Chapter 2.75.040 (4) Make recommendations to the City Council concerning the resources and needs of the community on the subject of the arts, opportunities for participation of artists and performers in City sponsored activities and way to encourage community involvement. Cultural Arts Commission Work Plan Task: Completion Date: Participants: Suggested Resources: Commission Steps to Completion: Commission Time: Staff Time: July 2601 2002 Coachella Valley Cultural Conferences, Workshops, & Events On -going Commissioners, City Council Community members, City Council, Coachella Valley Cities, private cultural arts interests, State and Federal sources • Recommend to Council purposed proposed conferences, workshops & events such as concerts, dances, puppet shows, chorale, mimes, and to participate in Mainstreet Marketplace, Christmas Holiday 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 Up to 100 hours per event Up to 60 hours per event d/r) i I 11r L � 7 j. w Cultural Arts Commission Work Plan July 2091 2002 Fiscal Commitment: Up to $3,000 per event Up to S5,909 $10,000 for performing artists for five events per year Staff Role: Provide support and act as a liaison 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. `-k Cultural Arts Commission Work Plan July 2001 2002 ■r. Al. �l-rldt►l•1�i.11l•t•1•Jllgl� IVI•►1+��•1 ��1 •i•i •.i.�•i i+r• •[•I�Irt•q■RI�A7!•<�1�I�Nb�� UALMIMNMM%1t/Iwla �e��►�l�h] UZI �- i Cultural Arts Commission Work Plan July 2001 2002 Task: "Meet the La Quinta Artist" Completion Date: Bi-Monthly Participants: Commissioners Suggested Resources: Commissioners, Staff, Residents, Media sources Commission Steps To Completion: • A local artist representing a different medium will be randomly selected to be showcased in the La Quinta Chamber of Commerce Newsletter-,-L-a Quinta Post and at other cultural events with a "snapshot" of their work and history Commission Time: 5 hours per event Staff Time: 1 hour per month Fiscal Commitment: None Staff Role: Provide support and act as liaison to City Council Council Role: Provide direction and support, review and consider the program Goal: Chapter 2.75.040 (10) Develop public art awareness through the presentations of speakers, forums, mixers and special events. 10 T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: May 21, 2002 ITEM TITLE: Consideration of a Resolution Approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District No. 89-1, Fiscal Year 2002-2003, and a Resolution Declaring Intent to Levy Annual Assessments for Landscape and Lighting Assessment District No. 89-1, and Giving Notice Thereof AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1, Fiscal Year 2002-2003; and Adopt a Resolution of the City Council declaring intention to levy annual assessments for maintenance and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof. Adoption of the Resolutions is required in order to levy the annual assessment for the Landscape and Lighting District. The estimated total assessment for Fiscal Year 2002- 2003 is $829,748. None. In 1989, the City Council formed a Citywide Landscape and Lighting Assessment District to fund costs associated with the maintenance, construction and servicing of City parks, landscape areas, street lights and traffic signals. Pursuant to the Landscape and Lighting Act of 1972, the City must annually perform a series of activities associated with the Assessment District, as outlined in Attachment 1. An Annual Engineer's Report is required by the Landscape and Lighting Act of 1972 and must include the following information: 1. A description of the services to be provided throughout the District. 207 T:\PWDEPT\C0UNC1L\2002\020521 c. wpd 2. Total costs necessary to provide all services described in the Engineer's Report. 3. A diagram showing the boundaries of the District, including special benefit zones. 4. An assessment schedule. The May 2002 Preliminary Engineer's Report, prepared by City staff with parcel reconciliation support by MuniFinancial, provides the required information for Landscape and Lighting District 89-1 for Fiscal Year 2002-2003. The Preliminary Engineer's Report projects the following for Fiscal Year 2002-2003 in comparison to the Fiscal Year 2001 /2002 Engineer's Report: Citywide Benefit Zone Number of Local Benefit Zones Number of Equivalent Dwelling Units (EDU's) EDU Rate District Revenue FY 2001-2002 Yes 6 21,950 $35.60/EDU $781,405 FY 2002-2003 Yes 6 23,308 $35.60/EDU $829,748 These calculations will be finalized for the Final Engineer's Report in order to provide the most accurate assessment possible. The methodology has remained the same under the provisions of Proposition 218. At this time, the estimated Fiscal Year 2002-2003 Landscape and Lighting Assessment District exempt cost is $1,102,939, of which $1,099,218 is for Citywide Benefit Zone expenses and $3,721 is for the North La Quinta sub -zone expenses. It is proposed that the North La Quinta sub -zone continue to be identified in the Engineer's Report, and the $3,721 in expenses be funded from sources outside of the Landscape and Lighting Assessment District. This methodology was originally directed by the City Council during the preparation and completion of the 1995-1996 Engineer's Report. The City Council directed this in order to keep all assessments equal throughout the City of La Quinta under one citywide assessment district, as opposed to separate assessment district zones. This direction has been followed through all subsequent Engineer's Reports to date. Based on the Engineer's Estimate of $1,099,218, the citywide benefit assessment would be $47.32/EDU. The current assessment is $35.60. Proposition 218 does not allow for assessment increases unless approved in a public vote during an election year. It is recommended that the City Council approve the Preliminary Engineer's Report, and fund the projects exempt from Proposition 218 without increasing the assessment per EDU. The total assessment is estimated to be $829,748. It is also recommended that the remaining amount and the North La Quinta sub -zone expenses, for a total of $269,470, be funded by the General Fund. This amount will be included in the proposed Fiscal Year 2002-2003 Operating Budget. Last year, the City Council 2,J 002 T:\PWDEPT\C0UNC1L\2002\020521 c. wpd approved funding for the remaining amount not funded through the total assessment, and the North La Quinta sub -zone expenses, from the General Fund. City staff will monitor the progress of existing and future legislation clarifications and/or litigation to determine if a different methodology may be utilized in the subsequent fiscal years. To proceed with the District, the City Council is required to approve the preliminary Engineer's Report and schedule a Public Meeting and Public Hearing date to allow affected property owners an opportunity to provide public testimony regarding the proposed changes. Approval of the Preliminary Engineer's Report does not obligate the City to the fees proposed. Only after the Public Meeting and Public Hearing has been conducted, can the City Council adopt assessment fees for Fiscal Year 2002- 2003. The Public Meeting is scheduled for the June 4, 2002 City Council Meeting, followed by a Public Hearing tentatively scheduled for the July 2, 2002 City Council Meeting. Upon conclusion of the Public Hearing, the City Council may approve the assessment levels based upon testimony received at the Public Meeting and Hearing. The Landscape and Lighting Act of 1972 allows the option of noticing the Public Meeting/Hearings for citywide districts through the newspaper or by individual notices. The estimated cost to provide 16,178 individual notices is approximately $5,000. For the Fiscal Year 2001 /2002, the City Council opted to notice the Public Meeting and Hearing in the newspaper, thus avoiding the $5,000 in estimated costs. The cost to notice in the newspaper is approximately $250. Attachment 2 is the proposed notice. To proceed with the recommended changes proposed in the preliminary Engineer's Report for Landscape and Lighting Assessment District No. 89-1, the City Council must: • Adopt a resolution approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1, Fiscal Year 2002- 2003; • Adopt a resolution declaring intention to levy annual assessments for construction, maintenance and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof. A Public Meeting and Hearing will be scheduled to allow public testimony before the City Council. The Public Meeting and Hearing dates will be noticed through the newspaper unless otherwise directed by the City Council. Upon conclusion of the Public Hearing, the City Council may adjust the assessment levels as necessary and adopt a resolution confirming the assessment diagram and assessment level. 2 G J 003 TAPWDEPT\COUNCIL\2002\020521 c.wpd The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1, Fiscal Year 2002- 2003; and, adopt a Resolution of the City Council declaring intention to levy annual assessments for maintenance and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof; or 2. Reject the Preliminary Engineer's Report and provide direction of further changes. The Preliminary Engineer's Report would then be revised based upon direction provided by the City Council and returned for further consideration; or 3. Provide staff with alternative direction. Respectful I nteri atepnenson, r.t. Public Works Director/City Engineer Attachments: Approved for submission by: (at!2:-,!� Thomas P. Genovese, City Manager 1 . Annual Activities 2. Notice of Public Meeting 3. Preliminary Engineer's Report TAMDEMCOUNCII\2002\020521C.wpd li �J 004 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE REPORT OF THE ENGINEER FOR FISCAL YEAR 2002-2003 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 WHEREAS, the City Council of the City of La Quinta, pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code, did on May 7, 2002, order the Interim City Engineer, Roy F. Stephenson, P.E., to prepare and file a report in accordance with Article 4 of Chapter 1 and Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22565, for the Fiscal Year commencing July 1, 2002 and ending June 30, 2003 in connection with La Quinta Landscape and Lighting Assessment District 89-1; and WHEREAS, the City Engineer has prepared and filed with the City Clerk of the City of La Quinta and the City Clerk has presented the City Council such report entitled "La Quinta Landscape and Lighting Assessment District 89-1, Preliminary Engineer's Report" (the "Report); and WHEREAS, the City Council has carefully examined and reviewed such Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: Section 1. The Report, as filed, is hereby approved. PASSED, APPROVED AND ADOPTED this 21 st day of May, 2002, by the following vote: AYES: NOES: ABSTAIN: ABSENT: JOHN J PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California 21 TAPWDEPT\C0UNCIL\2002\020521C.Wpd V � 0 0 —0 v V RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE AND SERVICING LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF WHEREAS, the City Council by its Resolution No. 89-9 initiated proceeding pursuant to provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as "the Act"), for the formation of a Landscape and Lighting Assessment District designated "La Quinta Landscape and Lighting Assessment "District No. 89-1 ", shall include all of the territory located within the boundaries of the City; and WHEREAS, the City Council desires to levy and collect assessments within proposed La Quinta Landscape and Lighting Assessment District No. 89-1 for the Fiscal Year commencing July 1, 2002 and ending June 30, 2003 to pay the costs and expenses of constructing, operating, maintaining, and servicing landscaping, lighting and appurtenant facilities located within public places in the City; and WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk of the City of La Quinta and the City Clerk has presented to the City Council a report in connection with the proposed La Quinta Landscape and Lighting Assessment District No. 89-1 and the City Council did by previous Resolution approve such report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: Section 1. The City Council of the City of La Quinta (hereinafter referred to as the "City Council") has previously formed Landscape and Lighting District No. 89-1 pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 225500 (hereinafter referred to as "the Act"). Section 2. The City Council hereby finds: 1) that the maintenance and operation of projects identified in the Preliminary Engineer's report for this District No. 89-1 consisting solely of exempt items of sidewalks, streets, sewers, VVater, flood control, and/or drainage pursuant to Article 13D Section 5(a) of the California Constitution, and 2) that the public interest requires the maintenance of the improvements, and 3) declares its intention to levy and collect assessments for the fiscal year commencing July 1, 2002 and ending June 30, 2003 to pay for the costs and expenses of the improvements described in Section 4 hereof. 2 TAMDEMCOUNCIL\2002\020521C.wpd �1 006 Section 3. The territory included within the boundaries of the Assessment District includes all of the land included within the boundaries of the City. Section 4. Reference is hereby made to the report of the Engineer on file with the City Clerk of the City of La Quinta for a full and fair description of the improvements, the boundaries of the Assessment District and any zones therein and the proposed assessments upon assessable lots and parcels of land within the Assessment District. Section 5. Notice is hereby given that the 41h day of June 2002, 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a public meeting by the City Council to allow public testimony regarding the proposed increased assessment. Section 6. Notice is hereby given that the 2"d day of July 2002, 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a Public Hearing by the City Council on the question of the levy of the proposed assessment for Assessment District 89-1. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or, withdrawal of the protest. A written protest shall state all grounds of objections and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 7. The City Clerk is hereby authorized and directed to give notice of such hearings as provided in the Act. Section 8. The City Council hereby designates the Desert Sun as the newspaper in which notice of the Public Hearing shall be published. '.1 T:\PWDEPT\COUNCIL\2002\020521c.wpd `J Q 007 .PASSED, APPROVED AND ADOPTED this 21 st day of May 2002, by the following vote: AYES: NOES: ABSTAIN: ABSENT: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California 214 TAPWDEPT\COUNCIL\2002\020521 c.wpd 110 008 ATTACHMENT 1 ANNUAL ACTIVITIES LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT • Adopt the following resolutions: 1. Directing preparation of the annual Engineer's Report (completed May 7, 2002) 2. Approving Preliminary Engineer's Report (May 21, 2002) 3. Intention to levy annual assessment and notice of Public Meeting/Hearing (May 21, 2002) 4. Confirming Assessment District diagram and annual assessments (July 2, 2002) • Conduct a Public Meeting to allow testimony regarding the proposed assessments prior to Public Hearing (June 4, 2002) • Conduct a Public Hearing to allow written protests of the proposed assessment to be considered by the City Council prior to adoption of the final assessments (July 2, 2002) TAPWDEPT\COUNCIL\2002\020521c.wpd " k.' 010 ATTACHMENT 2 NOTICE OF PUBLIC MEETING AND HEARING BY THE CITY OF LA QUINTA PUBLIC MEETING: PUBLIC HEARING: TO CONSIDER: LA QUINTA CITY COUNCIL CHAMBERS 78-495 CALLE TAMPICO June 4, 2002 July 2, 2002 TIME: 7:00 p.m. TIME: 7:00 p.m. The Fiscal Year 2002-2003 Annual Assessment for the City of La Quinta Landscape and Lighting District. Maintenance of landscape improvements in roadways and drainage facilities is a very important service in our community. Landscaping, if well maintained, provides beautification and enhancement to the surroundings, along with a positive effect on property values. Adequate street lighting and traffic signals are considered imperative for their contribution to public convenience and safety. At the Public Meeting, City staff will present the proposed assessment levy and will accept questions thereon. At the Public Hearing, the City Council will hear comments in support and protests against the annual levy prior to acting on the levy of assessments for Fiscal Year 2002-2003. Any property owner may mail a protest against the assessment to the City of La Quinta, P.O. Box 1504, 78-495 Calle Tampico, La Quinta, CA 92253, Attention: Roy F. Stephenson, Interim Public Works Director/City Engineer, Subject: Landscaping and Lighting District 89-1 . The City of La Quinta Landscaping and Lighting District is divided into zones based on the level of benefit. Citywide Benefits enhance the value of all properties within the District, and include the maintenance of medians, traffic signals and safety lighting in areas zoned commercial, on major thoroughfares, including all roadways that may be four lanes and greater, retention basins, bike trails and sidewalks. The costs of the City to administer these facilities are also considered a citywide benefit. Local Benefits include the operation, servicing and maintenance of the facilities serving only properties within localized areas, including maintenance of medians, back up landscaping, traffic signals and safety lighting on localized streets, which include all roadways that are two lanes. The facilities proposed to be maintained include local landscaping at La Quinta Highlands, Rancho Ocotillo, Cactus Flower, Acacia Homes, La Quinta del Oro and Topaz. The costs of the City to administer these facilities are also considered a local benefit. TAMDEMCOUNCIL\2002\020521 c. wpd �., �.. r 0 1 i The assessment rates for Fiscal Year 2002-2003 are based upon Equivalent Dwelling Units (EDU's). The subdivided single family residential lots less than one acre in size has been selected as the basic unit for calculation of the benefit assessments. All single family residential parcels less than one acre in size are assigned 1.00 EDU. In determining the EDU's for improved nonresidential properties and residential properties larger than one acre, parcels are assigned 5.00 EDU per acre, based on the average number of typical single family residential lots per acre. Rural/Estate Residential is defined as "underdeveloped residential." This describes land zoned as residential which is greater than 1 acre in size, but has one residential unit. The first acre will be considered as one equivalent dwelling unit with a rate applied of 0.33 EDU's for each acre or portion thereof above and beyond the initial acre. Golf courses are assessed at the rate of 10% of developed nonresidential properties, or 0.50 EDU per acre with a minimum of 1.00 EDU per parcel. Properties with agricultural classifications are assessed at the rate of 5% of developed nonresidential properties or 0.25 EDU per acre with a minimum of 1.00 EDU per parcel. Parcels of land located in areas zoned Hillside Conservation will be assessed on the basis of allowable development, or 0.10 EDU per acre. Vacant property is assessed at the rate of 33% of developed property. Vacant residential parcels (single family residential parcels less than one acre in size which do not have structures on them) are assigned 0.33 EDU per parcel. Vacant nonresidential parcels (parcels which are not single family residential parcels, and which do not have structures on them) are assessed based on their parcel size. Vacant nonresidential parcels in Annexation Area No. 9 will be assessed at a rate of 50% of those parcels located outside Annexation Area No. 9. The following table shows the maximum annual assessment rate per EDU for each zone for Fiscal Year 2002-2003. Citywide $35.60/EDU The total proposed assessment for Fiscal Year 2002-2003 is $829,748. The following table shows the maximum annual assessment rate per EDU for each zone for Fiscal Year 2001 /2002 (as approved by the City Council last year): Citywide $35.60/EDU TAMDEMCOUNCIL\2002\020521c.wpd „ �—i 01 North La Quinta (Includes Citywide Assessment) La Quinta Highlands $35.60 Rancho Ocotillo $35.60 Cactus Flower $35.60 Acacia Homes $35.60 La Quinta del Oro $35.60 Topaz $35.60 The annual assessments generated by the existing 1972 Act City of La Quinta Landscaping and lighting District will fund the cost of providing installation, servicing, maintenance, and operation of landscaping, lighting and appurtenant facilities within the City of La Quinta that are exempt under provisions of Proposition 218 voted in by the California residents during the November 1996 election. FOR ADDITIONAL INFORMATION, CONTACT MR. ROY F. STEPHENSON, P.E., INTERIM PUBLIC WORKS DIRECTOR/CITY ENGINEER AT (760) 777-7042. 218 T:\PWDEPT\COUNCIL\2002\020521C.wpd " 0 013 ATTACHMENT 3 CITY OF LA Q UINTA LANDSCAPE AND LIGHTING DISTRICT 89-1 PRELIMINARY ENGINEER'S REPORT Fiscal Year 2002-2003 Roy F. Stephenson, P.E. May 2002 f -1 ti � tJ 014 ENGINEER'S REPORT CITY OF LA QUINTA LANDSCAPING AND LIGHTING DISTRICT NO. 89-1 The undersigned respectfully submits the enclosed report as directed by the City Council. DATED: PA f' _ , 2002 Public Works Director/City Engineer R.C.E. No. 20354 I HEREBY CERTIFY that the enclosed Engineer's report, together with Assessment Roll thereto attached, was filed with me on the day of , 2002. BY: June S. Greek, City Clerk City of Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of La Quinta, California, on the day of , 2002. BY: June S. Greek, City Clerk City of Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor of the County of Riverside, on the day of , 2002. BY: June S. Greek, City Clerk City of Quinta Riverside County, California 01 CITY OF LA QUINTA LANDSCAPE & LIGHTING DISTRICT NO.89-1 ENGINEER'S REPORT TABLE OF CONTENTS Certificates................................................................................................. Section1 Introduction............................................................................... Section 2 Engineer's Report ....................................................................... Part A - Plans and Specifications............................................................... PartB - Estimate of Cost............................................................................ Exhibit 1 Estimated Budget....................................................................... PartC - Assessment Roll........................................................................... Part D - Method of Apportionment of Assessment .................................... Exhibit 2 Mutual Special Benefit Zone ...................................................... Exhibit 3 Local Benefit Zone..................................................................... Part E - Property Owner List...................................................................... Part F - Assessment District Boundary Map and Assessment Diagram.... .................................... i ....................................1 ....................................3 ....................................5 ....................................6 ....................................7 ................................... 8 ....................................9 .................................13 .................................15 .................................19 .................................20 (. I 016 SECTION 1 ENGINEER'S REPORT CITY OF LA QUINTA LANDSCAPE & LIGHTING DISTRICT NO.89-1 To insure a flow of funds for the ongoing construction, operation, maintenance and servicing of landscaping, street lighting, and traffic signals within the boundaries of the City of La Quinta, the City Council formed the La Quinta Landscape & Lighting District No. 89-1 (the "District") on January 17, 1989. The District insures a fair and equitable levying of the necessary costs of constructing, operating, servicing and maintenance of the respective facilities, which in turn directly enhances the value of each and every parcel in the City. Landscaping and maintenance of medians is a very important service in any urban environment. Landscaping, if well maintained, provides safety, beautification and enhancement of the desirability of the surroundings, which has a positive effect on property values. Adequate street lighting and traffic signals are considered imperative for their contribution to public convenience and safety. Protection of property, safe access and reduction of traffic accidents are specific benefits to the properties within the City of La Quinta. The lighting benefit is directly related to public safety and property protection, and therefore increases property value. Property values in a community are increased when public infrastructure such as street lights, traffic signals and landscaping are in place, improved, operable, safe, clean and maintained. Facilities that are unsafe or destroyed by the elements or vandalism decrease surrounding property values. As provided by California Constitution Article XIIID, Section 5(a), this Assessment District will only finance the capital costs and maintenance and operation expenses for sidewalks, streets, flood control and drainage. The proceedings are conducted under the Landscaping and Lighting Act of 1972, Part 2 Division 15, Sections 22500 through 22679, of the Streets and Highways Code of the State of California (the "Act"). The City Council annually reviews the current and projected year's costs for the construction, operation, maintenance, and servicing of the District facilities and sets the assessment for the ensuing fiscal year, which runs between July 1 and June 30, annually. The new improvements that will be added to the Assessment District for Fiscal Year 2002-2003 include the following: 1. Marbella II (Inco) Perimeter 2. Ave 50 Median (Park Ave - Jefferson Street) IT:\PWDEPT\L&LDIST10203\PY02-03prelim.wpd 1 " `- 017 Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes (December and April). Landscaping and appurtenant facilities generally include trees, shrubs, plants, grass and ornamental vegetation, irrigation systems, and necessary appurtenances including curbs, hard scape and street fixtures located in medians and parkways, in and along major thoroughfares. Lighting and appurtenant facilities generally include poles, lighting fixtures, traffic signals, conduits and the necessary equipment to construct, maintain, operate and replace public lighting facilities within streets, medians, parkways, adjacent to certain public facilities in and along certain streets and rights -of -way. This report contains the necessary data required to conduct the proceedings and is submitted to the Clerk of the City for filing in the office of the City Clerk where it shall remain open for public inspection. IT:\PWDEPTIL&LDIST\0203\FY02-03prelim.wpd 2 r„ 018 SECTION 2 FISCAL YEAR 2002-2003 CITY OF LA QUINTA ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPE AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, and in accordance with Resolution of Intention, being Resolution No. 2002- , adopted by the Council of the City of La Quinta, State of California, on , 2002, in connection with the proceedings for: CITY OF LA QUINTA LANDSCAPE & LIGHTING DISTRICT NO. 89-1 Hereinafter referred to as the "Assessment District," I, Roy F. Stephenson, P.E., the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of six (6) parts as follows: PART A Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the Clerk of the City and are incorporated herein by reference. PART B An estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof attached hereto, and are on file in the Office of the Clerk of the City. PART C An assessment of the estimated cost of the improvements on each benefitted lot or parcel of land within the Assessment District. PART D The method of apportionment of assessments, indicating the proposed assessment of the total amount of the costs and expenses of the improvements upon the several lots and parcels of land within the Assessment District, in proportion to the estimated benefits to be received by such lots and parcels. The Assessment Roll is filed in the office of the City Clerk of the City of La Quinta and by reference is made a part hereof. IT:\PWDEPT\L&LDIST\0203\PY02-03prelim.wpd 3 1, .. 019 PART E A list of the names and addresses of the owners of real property within this Assessment District, as shown on the last equalized roll of the Assessor of the County of Riverside. The list is keyed to the records of the Assessor of the County of Riverside which are incorporated herein by reference. PART F The Diagram of the Assessment District Boundaries showing the exterior boundaries of the Assessment District, the boundaries of any zones within the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District are on file in the office of the City Clerk and incorporated herein by reference. The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions shown on the maps of the Assessor of the County of Riverside for the year when this Report was prepared. The Assessor's maps and records are incorporated by reference herein and made part of this Report. 223 IT:\PWDEPT\L&LDIS110203\FY02-03prelim.wpd 4 ,� `., 0 14) O PART A PLANS AND SPECIFICATIONS The facilities, which have been constructed within the City of La Quinta, and those which may be subsequently constructed, will be operated, serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS FOR THE CITY OF LA QUINTA LANDSCAPING AND LIGHTING DISTRICT NO. 89-1 FISCAL YEAR 2002-2003 The improvements are the operation, servicing and maintenance of landscaping, lighting and appurtenant facilities, including but not limited to: personnel, electrical energy, utilities such as water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows: Landscaping and Appurtenant Facilities Landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance and appurtenant facilities, in public street rights -of -way, parkways, medians, trails, and dedicated street, drainage or sidewalk easements the boundary of said Assessment District. Lighting and Appurtenant Facilities Poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, controllers and appurtenant facilities as required to provide safety lighting and traffic signals in public street rights -of -way and easements within the boundaries of said Assessment District. Maintenance means the furnishing of services and materials for the operation and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities, or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste. Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. 1T:\PWDEPT\L&LDIST\0203\FY02-03prelim.wpd 5 1���� 021 PART B ESTIMATE OF COST The estimated costs of the operation, servicing and maintenance of the improvements for Fiscal Year 2002-2003, as described in Part A, are summarized in Exhibit 1. The 1972 Act requires that a special fund be established for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. r , r2) 1 1 T:\P WDEP7IL&LDIST\0203\FY02-03prelim.wpd 6 11 0 ©22 EXHIBIT 1 CITY OF LA QUINTA LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 2002-2003 BUDGET Personnel $120,350 Contract Services $527,796 Vehicle Operations $30,364 Utilities $302,000 Travel, Training, Meetings $475 Maintenance/Operations $90,650 Small Tools & Equipment $500 District Administration S27,083 Total Citywide Benefit Zone $1,099,218 La Quinta Highlands $1,697 Rancho Ocotillo $246 Cactus Flower $182 Acacia Homes $227 La Quinta Del Oro $1,248 Topaz S l 21 Total North La Quinta Benefit Sub -Zones $3,721 TOTAL TO ASSESSMENT DISTRICT �1.102,939 2122C1 IT:\PWDEPT\L&LDIST\0203\FY02-03prelim.wpd 7 023 PART C ASSESSMENT ROLL The proposed assessment and the amount of assessment for Fiscal Year 2002-2003 apportioned to each lot or parcel as shown on the latest roll at the Assessor's Office are contained in the Assessment Roll on file in the office of the City Clerk of the City of La Quinta, which is incorporated herein by reference. The description of each lot or parcel is part of the records of the Assessor of the County of Riverside and these records are, by reference, made part of this Report. 2 2) 3 ., 024 IT:\PWDEPTNL&LDISnO203\FY02-03prelim.wpd 8 PART D METHOD OF APPORTIONMENT OF ASSESSMENT lei:1►1 Do gn 11 Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals, landscaping, parks and recreation facilities. The 1972 Act requires that maintenance assessments be levied according to benefit rather than according to assessed value. Section 22573 provides that: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The Act permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22547). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." Excepted from the assessment would be the areas of all publicly owned property in use in the performance of a public function. The City has made a determination to also except public utilities rights -of -way, as well as parcels of land shown on the County Assessor's records as Vacant Desert Land, Vacant Mountain Land, Agricultural Preserve, Public Utility owned land, and a portion of Vacant Non -Residential land as described later in this report. n► Since the assessment will be levied against properties as shown on the tax rolls, the final charges must be assigned by Assessor's Parcel Number. If assessments were to be spread just by parcel, not considering land use or parcel size, this would not be equitable, because a single family parcel would be paying the same as a fifty (50) unit apartment parcel or a large commercial establishment in a similar zone. Therefore, the single family parcel has been selected as the basic unit for calculation of assessments and is defined as one (1) Equivalent Dwelling Unit (EDU). A methodology has been developed to calculate the EDUs for other residential land uses and for nonresidential parcels, as described below. IT:\PWDEPM&LDIST\0203\FY02-03prelim.wpd 9 025 Single Family Residential. The City of La Quinta General Plan allows up to one acre of area for subdivided residential lots. The subdivided single family lot less than one (1) acre in size has been selected as the basic unit for calculation of the benefit assessments. This basic unit shall be called an Equivalent Dwelling Unit (EDU). Parcels less than one (1) acre in size zoned for single family residential uses are assessed 1 EDU. Non -Residential. In converting improved nonresidential properties and residential properties larger than one (1) acre to EDUs, the factor used is based on the average number of typical single family residential lots per acre. The nonresidential parcels and residential parcels greater than one (1) acre will be assessed 5.00 EDU per acre. The minimum number of EDUs per parcel will be one (1) EDU. Rural/Estate Residential. Parcels that are greater than one (1) acre in size but have only one residential unit are identified as Rural/Estate Residential. These parcels will be assessed at a rate of one (1) EDU for the first acre and 0.33 EDU's for each additional acre or any portion thereof above and beyond the initial acre. Golf Courses. Those properties identified in the County Assessor's records as golf courses will be assessed at the rate of 10% of the developed nonresidential properties, or 0.50 EDU per acre or any portion thereof, with a minimum of one (1) EDU per parcel. Agricultural. Those properties identified in the County Assessor's records in agricultural classifications will be assessed at the rate of 5% of the developed nonresidential properties, or 0.25 EDU per acre or any portion thereof, with a minimum of one (1) EDU per parcel. Hillside Conservation. Those parcels of land located in areas zoned Hillside Conservation according to the City of La Quinta Official Zoning Map will be assessed on the basis of allowable development within the Hillside Conservation Zone; one dwelling unit per ten (10) acres or 0.10 EDU per acre or any portion thereof. Vacant Property Vacant property is described as parcels with no improved structures. These properties receive benefits based on their land, as this is the basis of their value. The land value portion of a property is typically 1/3 of the total value of the property. Therefore, vacant property shall be assessed at the rate of thirty-three percent (33%) of improved property. Vacant Residential. Parcels defined as single family residential parcels less than one (1) acre in size which do not have structures on the parcels are assessed thirty-three percent (33%) of a single family dwelling. The parcels will be assessed 0.33 EDU per parcel. IT:\PWDEPT\L&LDIST\0203\FY02-03prelim.wpd 10 `I 026 Vacant Non -Residential. Parcels which are not single family residential parcels less than one (1) acre, and which do not have structures on the parcel are assessed based upon their acreage. Because development typically occurs in increments of twenty (20) acres or less on the average in La Quinta, the first twenty (20) acres of a Vacant Non -Residential parcel are assessed at the rate of thirty-three percent (33%) of the developed nonresidential properties, or 1.65 EDU per acre or any portion thereof, with a minimum of one (1) EDU per parcel. That portion of land greater than twenty (20) acres per parcel is considered open space and exempt from assessment until such time as parcel subdivision or development occurs. Vacant & Remote Non -Residential Parcels (Annexation No. 9). Parcels that are not single family residential parcels less than one (1) acre, and do not have structures, are assessed based upon their acreage. Vacant & Remote Non -Residential parcels are defined by the City to be physically separated from City services, and are not readily able to develop due to difficult access and utility limitations. Because of the high cost of constructing appropriate access and utility infrastructures needed to serve these properties, the land values are typically one-half (1/2) of the value of other Vacant Non -Residential parcels which can develop. Costs are assessed to this classification at the rate of one-half (1/2) of that of Vacant Non -- Residential parcels. The Vacant & Remote Non -Residential parcels are assessed at the rate of 0.825 EDUs per acre or portion thereof, for the first 20 acres, with a minimum of one (1) EDU per parcel Exempt Property All publicly owned property and utility rights -of -way are exempt from assessment, as well as parcels of land shown on the County Assessor's records as Vacant Desert Land, Vacant Mountain Land, Agricultural Preserve and Public Utility owned land. The land use classification for each parcel has been based on the Riverside County Assessor's Roll. 11 a N 0193 1 ► 1 ► There are two types of benefits: Mutual Special Benefits and Local Benefits. MUTUAL SPECIAL BENEFITS Benefits which are received by all parcels in the City are considered to be Mutual Special Benefits, and the associated costs of these benefits are spread equally, based on Equivalent Dwelling Units, to all parcels within the District. Mutual Special Benefits which enhance the value of all properties within the District include maintenance of medians, traffic signals and safety lighting in areas zoned commercial on "major thoroughfares," including all roadways that may be four lanes and greater, such as major arterials, primary arterials and secondary arterials as defined in the Circulation Element of the City of La Quinta General Plan, mutual special uses (including flood control facilities, retention basins and bike trails) and those which serve all property owners by having special facilities or uses. The costs of the City to administer these facilities are also considered a Mutual Special Benefit. 1T:\PWDEPTIL&LDISnO203\FY02-03prelim.wpd 11 027 LOCAL SPECIAL BENEFITS Benefits which are specific to primarily those parcels in the immediate area are considered local special benefits, and the associated costs of these benefits are spread equally over the local area, based on Equivalent Dwelling Units. Local Special Benefits include the operation, servicing and maintenance of the facilities serving only properties within "localized areas," including maintenance of medians, backup landscaping, traffic signals and safety lighting on "localized streets." "Localized streets" include all roadways that are two lanes, such as collector and local streets as defined in the Circulation Element of the City of La Quints General Plan. The facilities proposed to be maintained include local landscaping at La Quinta Highlands, Rancho Ocotillo, Cactus Flower, Acacia Homes, La Quinta del Oro and Topaz. The costs of the City to administer these facilities are also considered a local benefit. ZONES OF BENEFIT A system of zones has been developed to identify the specific benefit each parcel receives. The improvements to be included in the Mutual Special Benefit Zone are shown in Exhibit 2. The improvements to be included in the Local Benefit Zones designated as the North La Quinta Zone with sub -zones are shown in Exhibit 3. IT:\PWDEPT"LDIST\0203\FY02-03prelim.wpd 12 ` 028 2Q EXHIBIT 2 CITY OF LA QUINTA LANDSCAPING AND LIGHTING DISTRICT NO. 89-1 Mutual Special Benefit Zone No Subdivision, Facility,or Street Intersections Type of Facility Type of Street Primary Arterial 1 Acacia Homes (Miles Avenue) Back-up 3 Acacia Homes (Tierra del Sol) Retention Basin 5 & 6 Avenue 48 (Washington Street to Jefferson Street) Median Primary Arterial 7 & 8 Avenue 50 (Eisenhower Drive to Park Avenue) Median Primary Arterial 10 Avenue 52 (Jefferson Street to Avenida Bermudas) Median Major Arterial 12 Avenue 54 (Jefferson Street to Madison Street) Median Primary Arterial 13 Bear Creek Bike Path 14 Bermudas Triangles 15 Cactus Flower (Dune Palms Road) Back-up Secondary Arterial 16 Cactus Flower (Fred Waring Drive) Back-up Major Arterial 18 Cactus Flower Retention Basin # 1 19 Cactus Flower Retention Basin #2 20 Cactus Flower Retention Basin #3 21 Cactus Flower Retention Basin #4 22&85 Calle Estado 23 Del Rey LQ Norte 24&26 Eisenhower Drive (Calle Tampico to top of Cove) Median Primary Arterial 27 Eisenhower Drive/Calle Tampico Green Belt Bike Trail Primary Arterial 31 Highway 111 (Adams - Plaza LQ) 32 Inco Homes (Miles Avenue) Back-up Primary Arterial 34 Jefferson Street (Highway 111 to Westward Ho) Median 35 Jefferson Street (Avenue 50 to Avenue 52) Median Major Arterial 37 LQ Del Oro (Washington Street) Back-up Major Arterial 39 LQ Highlands (Adams Street) Back-up Secondary Arterial 40 LQ Highlands (Fred Waring) Back-up Major Arterial 42 LQ Highlands (Adams Street/La Palma) Retention Basin 46 La Fonda (Paloma) East Median Collector/Local 48 Madison Street (Avenue 54 to Airport Blvd.) Median Primary Arterial 53 Paloma Islands Mediam 54 Quinterra (Perimeter & Retention Basins) 55 Rancho Ocotillo (Adams Street) Back-up Secondary Arterial 56 Rancho Ocotillo (Fred Waring Drive) Back-up Major Arterial 58 Rancho Ocotillo Retention Basin #1 59 Rancho Ocotillo Retention Basin #2 60 Seasons Retention Basin 62 Tampico (Eisenhower Dr. to Washington St.) Median Primary Arterial 63 Calle Tampico Frontage 64 Topaz (Dune Palms Road) Back-up Secondary Arterial 66 Topaz (Miles Avenue) Back-up Primary Arterial 67 Topaz (Miles Avenue) Retention Basin Secondary Arterial 68 Washington Street (Highway 111 to Avenue 48) Median Major Arterial 2 �p IT:\PWDEPIIL&LDISn0203\FY02-03prelim.wpd 13 ry 2 9 �., �J U V4 69 Washington Street (Avenue 50 to Avenue 52) 70/71/72 Washington Street (Highway 111 to North Limit) 74 Avenue 47/Adams 75 Topaz Perimeter (Miles S/O Bridgette 76 Del Rey 78 Auto Mall Drive 79 Calle Rondo Channel 81 Washington Bridge East Wall 82 Sinaloa (Desert Club - Ike) 84 Marbella Perimeter 85 Calle Estado (La Fonda/Montezuma/Navarro) 86 Adams (Ave. 47 - Ave. 48) Median Median RDA Retention Basin Median Median Median Median Major Arterial Major Arterial r� ^-� 2 V i -' IT:\PWDEPTIL&LDIST\0203\FY02-03prelim.wpd 14 1 u .i 0 EXHIBIT 3 CITY OF LA QUINTA LANDSCAPE AND LIGHTING DISTRICT NO.89-1 Local Benefit Zone No. Subdivision, Facility, or Street Intersections Tyne of Facility Type of Street 37 Cactus Flower Entrance Median Collector/Local 38 Rancho Ocotillo Entrance Median Collector/Local 39 La Quinta Highlands Entrance Median Collector/Local 40 Acacia Homes Entrance Median Collector/Local 41 La Quinta del Oro Entrance Median Collector/Local 35 Topaz Entrance Median Collector/Local IT \P W DEPT\L&LDIS1'\0203\FY02-03prelim.wpd 15 031 LAND USE CATEGORIES The following land use categories have been developed to classify the different land use types in the City per the County of Riverside Assessor's Information: 0. Exempt parcels 1. Single Family Residential parcels 2. Non -Residential parcels 3. Vacant Residential parcels 4. Vacant Non -Residential parcels 5. Golf Course parcels 6. Agricultural parcels 7. Hillside Conservation Zone parcels 8. Vacant & Remote Parcels 1 The following information was obtained from the Riverside County Assessor's Roll Assessor's Parcel Maps, and the City of La Quinta Planning Department. Land Use Parcels Estimated Acres EDU 0. Exempt Parcels 1,407 9,835.03 0.00 1. Single Family Residential Parcels 13,241 N/A 13,241.00 2. Non -Residential Parcels 181 815.20 4,078.25 3. Vacant Residential Parcels 3,375 2,239.95 1,113.75 4. Vacant Non -Residential Parcels 270 3,666.06 3,573.00 5. Golf Course Parcels 111 982.88 511.92 6. Agricultural Parcels 24 632.68 158.16 7. Hillside Conservation Zone Parcels 16 524.90 52.49 8. Vacant & Remote Parcels 41 644.13 430.28 9. Rural/Estate Residential 57 334.84 148.69 TOTAL 18,723 19,675.67 23,307.54 2 032 IT:\PWDEPTIL&LDIS110203\FY02-03prelim.wpd 16 The distribution of EDUs per Zone is as follows: ZONE EDU Mutual Special Benefit Zone 23,307.54 North La Quinta Sub -Zones 1,052.17 La Quinta Highlands 245.31 Rancho Ocotillo 109.95 Cactus Flower 200.33 Acacia Homes 191.63 La Quinta del Oro 96.52 Topaz 208.43 Category & Citywide L.Q. Rancho Cactus Acacia L.Q. Del Topaz Budget Benefit Highlands Ocotillo Flower Homes Oro Citywide Benefit X X X X X X X $47.32 $1,102,939 Entrance Median X $6.92 $1,697 Entrance Median X $2.25 $247 Entrance Median X $0.91 $182 Entrance Median X $1.13 $227 Entrance Median X $12.93 $1,248 Entrance Median X $0.58 $121 Assessment $47.32 $54.24 $49.57 $48.23 $48.45 $60.25 $47.90 ($/EDU) An "X" in the table above indicates the category of benefit which is included in each Zone. The total assessment per zone is the sum of the assessments for each of the categories. The base assessment rate as approved and noticed for Fiscal Year 2001-2002 was $35.60. IT:\PWDEPTU.&.LDISnO203\FY02-03prelim.wpd 17 i'0 S r ► 033 As has occurred in the past years, the City Council has supported the local special benefits through the General Fund, so that the assessment would remain constant throughout the City. These are the additional benefits received by La Quinta Highlands, Rancho Ocotillo, Cactus Flower, Acacia Homes, La Quinta Del Oro, and Topaz. This amounts to an annual cost of $3,721. Although Proposition 218 allows an increase in Revenue, the assessment per EDU may not increase without a vote of the parcel owner. As can be seen by the summary of annual assessments, the Citywide benefit assessment would be $47.32 per year. This increased from last years calculated Citywide Benefit of $46.99. The amount of EDU's increased from last years count by 1,357.97 due to development. The areas added are defined as exempt projects under Proposition 218 and may be added. In accordance with Proposition 218, the Citywide Assessment may not increase without a vote; therefore, the assessment is proposed to remain at $35.60 per EDU. This equates to a total projected revenue of $829,748. The remaining $269,470 is proposed to be funded through the General Fund. PROPOSED ASSESSMENT FOR THE FISCAL YEAR 2002-2003 IS $35.60/EDU 034. IT:\PWDEPT\L&LDIST\0203\FY02-03prelim.wpd 18 PART E PROPERTY OWNER LIST A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Riverside, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the office of the City Clerk of the City of La Quinta. ?-40 IT:\,P WDEPT,L&LDIST\0203\FY02-03prelim.wpd PART F ASSESSMENT DISTRICT BOUNDARY MAP AND ASSESSMENT DIAGRAM The boundaries of the District are coterminous with the boundaries of the City of La Quinta. A diagram showing the exterior boundaries of the District has been submitted to the office of the City Clerk of the City of La Quinta, and is incorporated herein by reference. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Riverside. The Assessor's maps and records are incorporated by reference herein and made part of this report. IT:\PWDEPM&LDIS710203\FY02-03prelim.wpd 20 — k-� 036 T4ht 4 XP Q" COUNCIL/RDA MEETING DATE: May 21, 2002 ITEM TITLE: Consideration of the Formation of a City Council Ad Hoc Committee to Address Fire Service Funding 111:14011yl I 11 _ p ' • City Council pleasure. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: At the Study Session on May 7, 2002, staff was requested to bring back for consideration the formation of a City Council ad hoc committee. The purpose of the committee would be to meet with citizens to receive input on fire service funding and report back to Council. Among topics of discussion would be placing an initiative on the November ballot to fund enhanced fire services. The City Council may appoint one or two of its members to serve on the ad hoc committee. The ad hoc committee will meet on an as needed basis as determined by its members. EWRY—Molullffill_ Alternatives available to the City Council include: 1. Appoint one or two members of the City Council to serve on an ad hoc committee to receive citizen input regarding fire service; or 2. Do not appoint members of the City Council to serve on an ad hoc committee; or 3. Provide staff with alternative direction. 24-1 Respectfully submitted, Tom Hartung Director of Building and Safety Approved for submission by: Thomas P. Genovese City Manager �4 002 TW�p 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 21, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of a Contract with Conrad & Associates, LLP to PUBLIC HEARING: Perform Audit Services RECOMMENDATION: Approve a contract with Conrad & Associates, LLP to provide annual audit services for the five-year period ending June 30, 2006. FISCAL IMPLICATIONS: The Fiscal Year 2001 /02 budget contained $34,570 for the annual audit. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The contract would include professional auditing services and preparation of the financial statements for the City and Redevelopment Agency. Also, it would include a compliance audit of the Redevelopment Agency in accordance with guidelines issued by the State Controller's Office, a single audit on federal financial assistance if necessary, and a review of the internal controls of the City. In addition, the contract would include 40 hours of consulting services to assist in accounting and cash flow issues. At the March 5th Council meeting, the City Council created a four -person audit review committee consisting of the City Manager, two (2) Investment Advisory Board (IAB) Members and the Finance Director. At the March IAB meeting, Board Members Osborne and Moulin, both CPA's, were appointed to serve on the Audit Review Committee. Request for proposals (RFP) (Attachment 1) were sent to twenty-two companies. Staff used the City Registry, a public notice in the Desert Sun, the California Society of Municipal Finance Officers web -site, yellow pages and knowledge of firms who specialize in municipal audits to send out the RFP's. In addition to sending out the RFP by mail, the document was posted on the City web site along with the audited financial statements. 24,r An Activity Summary (Attachment 2) has been prepared which shows that of the 22 companies sent RFP's, 8 companies sent in proposals, 6 companies responded in writing that they were not bidding, and 8 companies did not respond. The Audit Review Committee met on April 26th and reviewed the eight RFP's. During the review of the RFP's, the Committee agreed to interview three firms — Caporicci & Larson, Conrad & Associates, and Lance, Soll & Lunghard. On May 3`d the Audit Review Committee met with the three firms. After the interviews, the Committee unanimously recommended Conrad & Associates be selected to perform audit services. The Committee additionally recommended that Conrad & Associates rotate partners from Mr. Ken AI -Imam to Mr. Mike Harrison, which Conrad & Associates has agreed to. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 4. Approve a contract for auditing services for the next five fiscal years, beginning July 1, 2001 and ending June 30, 2006 with Conrad & Associates, LLP; or 5. Do not approve a contract for auditing services for the next five fiscal years, beginning July 1, 2001 and ending June 30, 2006 with Conrad & Associates, LLP; or 3. Provide Staff with alternative direction. Respectively submitted, Approved for submission by: Thomas P. Genovese City Manager Attachment 1: Request for Proposal for Auditing Service 2 Activity Summary 3 Contract for Services 24,15 ATTACHMENT 1 REQUEST FOR PROPOSAL OF AUDITING SERVICES The City of La Quinta is soliciting proposals for auditing services for the next five fiscal years, which begins July 1, 2001 and ends June 30, 2006. The enclosed "Request for Proposal' outlines the scope of the engagement, information required, evaluation criteria, and other relevant information. If you firm would like to consider this engagement, we invite your response due no later than 5 p.m. on April 11, 2002. A selection committee of two council members and two finance staff members will evaluate, select and recommend proposals to the City Council. The City Council will make the final decision on award of the Contract. Additional information may be obtained by contacting: John M. Falconer Finance Director City of La Quinta (760)777-7150 (760)777-7105 Fax Proposers must submit five (5) copies of their proposals in two sealed envelopes, with one envelope containing proposed costs of audit services and the other technical data, by no later than 5:00 p.m. April 11, 2002 to the following address: City of La Quinta Finance Department — Audit Proposal P.O. Box 1504 La Quinta, CA 92253 Date of issuance March 5, 2002 Proposed Deadline April 11, 2002 Sinc l ohn M. F co r Finance Director �64 AUDIT EXPECTATIONS The CAN _a Quinta (City) annually issues a Comprehensive Annual Financial Report (CAFR). ­2 La Quinta Redevelopment Agency (Agency) issues annually a Component Unit Financ:-1 Report (CUFR). The City may receive Community Development Block Grant money and/or other financial assistance from the federal government and as such may issue a Single Audit Report. In addition, the activities of the La Quinta Financing: Authority are included in the CAFR, but no CUFR is issued. The City and Agency expect an audit opinion for each of their financial reports to fairly represent their financial position and conform with generally accepted accounting principles. The City and Agency expect the audit of each of their financial reports to be conducted in accordance with generally accepted auditing standards. Further, the Agency expects its CUFR to comply with all laws and regulations pertaining to redevelopment agencies. The City expects the Single Audit, if required, to be conducted in accordance with O.M.B. Circular 133 and related correspondence. The City of La Quinta requests a full scope audit of all fund types and account groups in accordance with generally accepted auditing standards. Audit services are desired for the City, Agency and Financing Authority on an annual basis as set forth above. Proposals include separate quotes for the City and its component units. The City's accounting personnel will provide assistance to the audit form during the course of the audit. Cooperation may be expected in answering questions, preparing schedules for working papers, and preparing confirmations. The City would expect only reasonable requests of assistance from the auditing firm. DESCRIPTION OF FUNDS The City of La Quinta uses the following fund types and account groups in its financial structure: Fund Type/Account Group General Fund Special Revenue Funds Debt Service Funds Capital Project Funds Internal Service Funds Number of Individual Funds Agency Funds General Fixed Assets Account Group General Long Term Debt Account Group 12 3 13 2 7 2 247 REPORTS AND CONSIDERATIONS - The independent audit firm shall produce the following financial reports by no later than November 20`h of each year: City CAFR — 70 copies Agency CUFR — 70 copies Single Act Audit — 3 copies Management Letter — 1 copy - A management letter shall be prepared as part of the audit that includes disclosures of material and non -material weaknesses in internal control, disclosures of violations of finance related legal and contracted provisions, and auditor recommendations for financial and program management improvements. - Working papers shall be retained by the contractor for a minimum of three years after the conclusion of the engagement unless notified otherwise in writing by the Finance Director. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. - The independent audit firm is expected to meet at least once each year with City Council to discuss the financial statements, management letter and other relevant subjects. - The independent audit firm is expected to meet at least once each year with the Investment Advisory Board to discuss the City financial statements as they relate to cash and investments and discuss any internal control weaknesses with the Board. - The independent audit firm is expected to keep the City and Agency staff abreast of new developments affecting municipal finance and reporting, impact on accounting and reporting should the State of California impose state -mandated procedures, impacts of Government Accounting Standards Board disclosure requirements, required changes in grant procedures and the like. - The City expects that the professional staff provided by the independent audit firm will be fully qualified with the appropriate experience, and that answers and guidance given will be provided by partner/manager (supervisor and above) not seniors and juniors. Included in the fee proposal shall be an additional 40 hours of partner/manager time budgeted for research and assistance to City and Agency staff concerning accounting and other technical matters each year. The topic areas might include tax questions, the review of bond documents, cost allocation programs, employee benefit programs and cash flow projections. It must be understood that these hours are above and beyond the professional times associated with the audit. EVALUATION AND SELECTION PROCESS Prior to submission deadline questions may be directed to: John M. Falconer Finance Director City of La Quinta P.O. Box 1504 La Quinta, CA 92253 (760)777-7150 Proposer must submit five copies of the audit proposal to the City of La Quinta Finance Department in two sealed envelopes, with one envelope containing costs of the proposed audit services and the other technical data. Deadline for submission is 5:00 p.m. April 11, 2002. The evaluation process consists of the following steps: The proposals will be evaluated and rated by a selection committee consisting of two Council members and two Finance staff members based on the technical qualifications and approach of the proposer. Final proposals will be selected from those organizations and ranked based on their technical qualifications, approach and price score. 2. The finalists may be required to make an oral presentation to staff and the City Council. Selection of the successful proposal will be at the sole discretion of the City Council and Agency Board. It is expected the City Council and Agency will conduct its review and make a selection on or before May 7, 2002. THE CITY COUNCIL REQUESTS THAT ONCE PROPOSALS HAVE BEENSUBMITTED, NO UNSOLICITED CONTACT OR DISCUSSIONS CONCERNING THESE PROPOSALS BE MADE PRIOR TO THE EVALUATION OF ALL PROPOSALS. 24j -G'67 QUALIFICATIONS AND APPROACH As stated in the evaluation process, the proposal will first be examined relative to their technical qualifications and approach to the audit. Each organization's proposal should include at a minimum, the following information as is deemed necessary: (please number each item as listed below) 1) Names and qualifications of the specific individuals who would be assigned to this audit engagement. Please outline their relevant education and government auditing experience. 2) Description of any specialized skills, training, or background in public finance that members of the engagement team possess. 3) Description of experience of assigned individuals in auditing relevant agencies such as Redevelopment Agencies. 4) Description of engagement team's experience in auditing and reviewing financial statements receiving GFOA and CSMFO awards. 5) List of all current and former municipal audit clients, within 5 years, including Redevelopment Agencies in the Southern California area indicating reference, type(s) of services preformed, dates and length of service for each. 6) Description of local office's workplan and deliverable report. The proposal should include types of audit programs, use of statistical and additional components of the audit report. 7) The City has a P.C. base file server LAN utilizing Novell 4.1 operating software. The City uses Mirasoft's ForFund 3.1 software, which runs on Windows as most of the City software does. Describe your firm's data processing experience and capabilities. 8) Description of engagement team's experience and capabilities to assist in governmental bond reporting. 9) Sample of type of management letter usually issued. 10) Description of any regulatory action taken against your organization or local office. 11) Indicate the location of the office in which the audit team will be based. The municipal audit experience referenced in item 5 must come from the office. 12) A list of clients which have complied with Government Accounting Standards Board 34. FEES. It is the City's and Agency's normal policy to solicit bids for audit services no less that once every five years, subject to annual review. Accordingly, your proposal should encompass the five-year time span. The City and Agency request a statement of maximum cost be made for the annual audit as set forth in AUDIT EXPECTATIONS and REPORTS and CONSIDERATIONS to include, in addition to "normal audit requirements," up to 40 hours each year of partner/manager time answering accounting questions raised by the City and Agency. All other expenses including typing, clerical, printing services, travel mileage and miscellaneous expenses should be included in the total audit fee. The City requests that the proposal also include a schedule of rates by professional staff classifications. The schedule should reflect rates for audit services and for consulting services. It should also reflect the anticipated distribution of hours per staff classification. Please itemize fees for the City, Agency, Financing Authority, and partner/manager hours. The maximum annual fee will remain fixed for the five years covered by the audit engagement agreement. Below is listed the cost of the City's audit for the last year: Audit of all funds and account groups of the City, including preparation and word processing of City financial statements, single audit, and Issuance of management letter. Financial and compliance audit of the Redevelopment Agency. Audit work associated with the Financing Authority. Total Fee INSURANCE 2000-01 S15,7S6 S16,S31 S 1.933 34 �60 Before signing a contract or commencing work on this project, the contractor shall provide that the following insurance requirements are in place. Please indicate if your firm would be able to provide proof of the below City insurance requirement. a. Worker's Compensation as required by law. b. Professional Liability in the amount of S1,000,000. Each policy of insurance required by this section shall provide for no less than 30 days advance notice to the City prior to cancellation. Each policy shall be endorsed to waive all right of subrogation against the City of La Quinta by reason of any payment made for claims under the above coverage. f) .l G(J9 OTHER INFORMATION Please list any other pertinent information you would like the City/Agency to consider in making our selection. We encourage you, if interested, to contact Ms. Amy Swan -Draper, Accounting Manager to obtain additional data, which would enable you to evaluate the scope of your operations so that you may formulate a proposal. Any financial information you may need to review is available in the Finance Department. CITY OF LA OUINTA The City of La Quinta encompasses approximately 31 square miles, has a residential population of slightly more than 26,000 and is located in the Coachella Valley approximately 25 miles east of Palm Springs, CA. Incorporated in 1982, governed by a Charter, the City is operated under a City Council/City Manager form of government. Four City Council members are elected at large to serve four-year terms. The Mayor is elected, serving a two-year term to be the City Council administrative head. The Mayor/City Council also serve as Agency members. The City and Agency have automated much of the finance and budget activities and have been in place in several years. This department currently consists of: Finance Director John Falconer Accounting Manager Amy Swan -Draper Financial Services Asst. Diane Martin Account Technician Sharon Christiansen Account Technician Patsy Parker Account Clerk Missy Mendoza Secretary Vianka Orrantia The City contracts for some services to its residents and businesses including police, fire and refuse disposal. As of June 30, 2001, City employment totaled approximately 72 employees. Enclosed are copies of the City's and Agency's audited financial statements for the 2000- 01 fiscal year. ATTACHMENT 2 O 0 a� 0 kn AV cd � �•a� c cic.� x W c, eu O �' r. >>41 ea �� o az� ^ ��ca Ca�3 $ ��x �cn°�w o L= cl c cl �. aFw ���A C7bop �gd a °r? 0 tn cc ' _ s: cV cc cc t— 'TJ r m '� r 0 O C y O p C en V N A ti d N N V� O N p O ++ In 6� rq M i WUU 00 e0Y O O 00 ��D L' eC ON'Nal O.,,N. C7 U N a d" is d E" c ieq CA C eq Oeqxtn -VC �-1 °.-i°ri�.N-�ZNW,eo+�ri��W �;03 i�voCyC,� A ice,Ar�iv�� N q ^ W en fq = p U U V1 O v N N� r, �^ eh d o .C:: N C �DAr i'. .�+ U a Q C o I* o a� N p A 0 W d p ° L ��r h L ^ d d :� U v� �+ C�c+ L d allL+ x V A " ° c —3> W V� Gr eC Fr" d -4 G 6� N Imo— y � en�'= �V u > U aCi C U '�y y W v �� O O ^^ o 7U C 1. b xdF' O Cpa�,„• U pN ., '> ye0„ a� p C O�."MA w+ �,y F O�A W ��+0.� F Ua� L 1 '6cqg e, > y V Z :. U.r—r4U�-- �i.I O O i �i. i V �i�r i. O C U� i. � O 7> i. O O O > O y= M eq / V� F� W O�M:A r ii�Ri ►�cc a a M a 4.1n � U Z cl cmyO Uaca o a'v�xo cc = y� y^ y y^ . Aa ur N o, ,-• � C Z � �' Gd r- > U m-m O L " � 0* W e q O V "U�1.4 �� ATTACHMENT 3 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, (the "City"), a California municipal corporation, and Certified Public Accountants (the "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to Executive Recruitment for Finance Director, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions 1 attending performance of the work under this Agreement. Should the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or detective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, the Contractor shall perform services in addition to those specified in the Scope of Services (Exhibit "A") when directed in writing to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5 %) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount as follows: Fiscal Year 2001 /02 S , Fiscal Year 2002/03 $ , Fiscal Year 2003/04 5 , Fiscal Year 2004/05 $ , and Fiscal Year 2005/06 $ , except as provided in Section 1.7. 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 the Contractor's rates as specified in Exhibit "C", but not exceeding the Contract Sum, 2 15 or such other methods as may be specified in the Schedule of Compensation (Exhibit "C"). Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, premiums for bonds and insurance, and similar costs and expenses when and if specified in the Schedule of Compensation (Exhibit ."C"). 2.2 Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to the City no later than the tenth (10th) working day of such month, in the form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, (2) specify each staff member who has provided services and the number of hours assigned to each such staff member, and (3) indicate the total expenditures to date. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance (Exhibit "D") for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if the Contractor shall within ten 0 0) 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. M 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance (Exhibit t1 D11). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. b. C. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into his Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be the Finance Director or such other person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4 257 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or Information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by Contractor hereunder. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insured shall be delivered to and approved by the City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Less than $50,000 $50,000 - $300,000 Over $300,000 Coverage (personal injury/ property damage) $100,000 per individual; $300,000 per occurrence $250,000 per individual; $500,000 per occurrence $500,000 per individual; $1,000,000 per occurrence 5 �J vt3 The Contractor shall also carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by the Contractor, its officers, any directly or indirectly employed by the Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insured shall be delivered to and approved by the City prior to commencement of the services hereunder. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. The Contractor shall procure professional errors and omissions liability insurance in the 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 cancelable without thirty (30) days' written notice of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its officers, employees, contractors, subcontractors or agents. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. N. 253 019 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor 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 the City may have and are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon the termination of this Agreement or upon the earlier request of the Contract Officer, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies 7 of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied herein. Contractor shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. See Exception Exhibit "E". 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contractor shall not disclose to any other private entity or person any information regarding the activities of the City, except as required by law or as authorized by the City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 8Fi 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.9 for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation (Exhibit "C") or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default Of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the 9 °� other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which e is, directly or indirectly, interested, in violation of any State statute or regulation. he Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. 10 26 vr,.J To City: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 Attention: Thomas P. Genovese, City Manager To Contractor: 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 6 n ti IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Dated: Name: Title: CITY OF LA QUINTA, a California municipal corporation By: 97 12 City Manager "CITY" "CONTRACTOR" i1 j t.�; 0- ., V.r5 EXHIBIT "A" SCOPE OF SERVICES 1. Contractor will perform an audit examination of all fund types and account groups of the City of La Quinta for five fiscal years commencing with the fiscal year ended June 30, 2002 and ending June 30, 2006. Contractor's examination will be conducted in accordance with generally accepted governmental auditing standards. Contractor will render its opinion on the general purpose financial statements and supplemental data of the City. Contractor will prepare the GPFS and supplemental data and provide 70 copies of the report no later than November 20" of each year. 2. Beginning with the fiscal year ending June 30, 2002, Contractor will perform a "single audit" of the City of La Quinta in accordance with Public Law 98-502, "The Single Audit Act of 1984". Additionally, Contractor will conduct its single audit in accordance with the provisions of OMB Circular A-133. Contractor's single audit will cover all federal grants received by the City of La Quinta either as a primary or secondary recipient and provide 12 copies no later than November 20" of each year. Contractor will render auditors' reports on (1) the supplemental schedule of federal expenditures, (2) internal control structure matters in accordance with Government Auditing Standards, (3) upon internal controls (accounting and administrative) required by the Single Audit Act, (4) compliance with laws and regulations in accordance with Government Auditing Standards, (5) compliance with laws and regulations related to non -major Federal Financial Assistance Programs, (6) on compliance with General Requirements and (7) compliance with Specific Requirements Applicable to Major Programs. 3. Contractor will prepare a separate management letter, if required, to report material weaknesses in internal controls for distribution to the City Council. 4. Contractor will perform a financial and compliance audit of the La Quinta Redevelopment Agency initially for the year ended June 30, 2002 and ending June 30, 2006. Contractor will provide 50 copies of each of the reports by November 20" of each year. Contractor's compliance audit of the Redevelopment Agency will conform to requirements of "Guidelines for Compliance Audits of California Redevelopment Agencies" issued by the State Controller's office. 5. Contractor will prepare a separate letter to report constructive comments relating to internal control structure and compliance. Contractor will discuss those comments with the Finance Director and issue a separate letter to the 13 260 �.i i.b City Manager and Finance Director. These constructive comments relating to internal controls do not constitute material weaknesses in internal controls as discussed in Exhibit A Item 3 as determined by the Contractor. 6. desires to keep its City clients abreast of new developments affecting local government finance. Contractor would plan to advise City staff at least annually (perhaps a formal updating session would be in conjunction with review of management letter comments with City staff). 7. Finally, contractor perceives the scope of their work as being advisors to the City of La Quinta. Throughout the year, City personnel will have access to the Engagement Partner, to seek advice in the application of generally accepted accounting principles, the establishment and segregation of funds, advice regarding debt issuance, financial statement preparation and content and other matters relating to the City, including matters of taxation and policy relating to City fringe benefits. Contractor agrees to provide up to 40 hours annually of technical support of their management without charge to the City. meets the independence requirements of the Government Auditing Standards 1988 revision published by the U.S. General Accounting Office. Contractor's firm has never had a record of substandard audit work. 14 �0 ti EXHIBIT "B" SPECIAL REQUIREMENTS [Not Applicable] 15 `� 2 .3 V .� EXHIBIT "C" SCHEDULE OF COMPENSATION The following is a summary of the estimated hours and a breakdown of the maximum fee (including all out of pocket expenses) for the engagement: Maximum Not to Exceed Fee Estimated 2001 /02 2002/02 2003/04 2004/05 2005/06 hours Audit of all funds and account groups of the City (including) single audit, work processing of GPFS and supplementary data) Financial and compliance audit of the La Quinta Redevelopment Agency Financial audit of the La Quinta Financing Authority Technical consultation Not to Exceed Maximum Classification Hours Partner - Technical Review Partner - Field Supervisor - Staff Auditors 16 % Time 263 G:. The above not to exceed fees contemplate conditions satisfactory for completion of the examinations, including the City providing the auditors with trial balances with substantially all closing entries completed. Additionally the City agrees to furnish subsidiary detail of account balances and reconciliation of accounts to the general ledger. The City will also provide a reconciliation of fund balances to the prior audited financial statements. Contractor understands that the City will provide maximum cooperation. Contractor also contemplates that the City will type confirmation requests. Contractor's staff will locate supporting documentation upon guidance from City staff. If there are changes in the scope of the audit, i.e. additional federal grant programs, substantial additional debt issuances, refundings, added project areas, etc., Contractor would like to discuss these changes with the City Finance Director and the effect of these changes on professional audit hours and costs of the engagement. Hourly rates in effect for 2002 for additional services that the City may approve in writing are as follows by classification and level of experience. Classification Hourly Rate Partner Supervisors Senior Accountant Staff Accountant The foregoing rate include reimbursement for out of pocket expenses. 17 EXHIBIT "D" SCHEDULE OF PERFORMANCE All reports due under this Agreement to be delivered by November 20, in the audit year which is being conducted unless otherwise noticed. 18 �- x EXHIBIT "E" OWNERSHIP OF DOCUMENTS (Exception to 6.3) Contract officer recognizes that audit working papers are property of the Contractor; however, Contractor agrees to maintain the working papers for three (3) years subsequent to the audit. Contractor also agrees to allow review of working papers at no expense to the City. 19 272 0fS2 EXHIBIT "A" EXHIBIT "Bit EXHIBIT licit EXHIBIT "D" 20 T4ht 4 4 Qu&& COUNCIL/RDA MEETING DATE: May 21, 2002 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: PUBLIC HEARING: Consideration of Transmitting a Letter to CVAG Regarding the Coachella Valley Multi -Species Habitat Conservation Plan RECOMMENDATION: Approve the letter and authorize the Mayor to sign and transmit it to Coachella Valley Association of Governments. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council formed a subcommittee consisting of Mayor Pena and Council Member Sniff to meet with the City of Palm Springs on the Coachella Valley Multiple Species Habitat Conservation Plan. A series of meetings were conducted which in the end included the Cities of Palm Springs, Cathedral City, Desert Hot Springs, Indio, and La Quinta. The Cities directed the attached letter to be drafted for distribution to CVAG to identify outstanding issues on the Draft Plan. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the letter and authorize the Mayor to sign and transmit it to Coachella Valley Association of Governments; or 2. Do not approve the letter and authorize the Mayor to sign and transmit it to Coachella Valley Association of Governments.; or Z 1 -x G:\WPDOCS\CC Stf Rpts\JtMtPSMSHCP.wpd 3. Provide staff with alternative direction. Respectfully submitted; Helan iunity Development Director Approved for submission by; Thomas P. Genovese, City Manager Attachment: 1 . Proposed draft letter h o c; z G:\WPDOCS\CC Stf Rpts\JtMtPSMSHCP.wpd ATTACHMENT #1 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760)777-7000 City of Indio 100 Civic Center Mall Indio, CA 92201 (760)342-6500 City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 (760)323-8245 May 14, 2002 VIA FACSIMILE (760)340-5949 AND U.S. MAIL Ms. Patricia A. Larson Executive Director Coachella Valley Association of Governments 73-710 Fred Waring Drive, Suite 220 Palm Desert, CA 92260 City of Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 (760)770-0372 City of Desert Hot Springs 11-711 West Drive Desert Hot Springs, CA 92240 (760)329-6411 DRAFT Re: Coachella Valley Multiple Species Habitat Conservation Plan/ Natural Communities Conservation Plan Dear Ms. Larson: The cities of Palm Springs, La Quinta, Cathedral City, Indio and Desert Hot Springs (the "Cities") would like to thank the Coachella Valley Association of Governments ("CVAG") for its efforts and work on the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Communities Conservation Plan (the "Plan"). The workshops held to explain and cultivate the Plan have been helpful and informative. However, the Cities feel that additional revisions are necessary before the Cities' support can be offered. The proposed Plan is still very uncertain, and as with many plans of this type, still very fluid. Each workshop brings with it a revised Plan with yet more land being designated for preservation. Because the rationale behind the preservation efforts is neither supported by sound data nor scientific evidence, the Cities are unwilling to include the added acreage into the Plan. On the dates listed below, the following Cities submitted letters expressing concern relating to the Plan: February 27, 2002, City of Indio; December 18, 2000, City of Palm Springs; 004 Ms. Patricia A. Larson Executive Director Coachella Valley Association of Governments May 7, 2002 Page 2 November 6, 2000, City of La Quinta and Indio; and July 18, 2000, City of La Quinta. To date, the concerns set forth in these letters have not been addressed. The Cities are disheartened about the continued non -resolution of these major issues. Without resolution of these issues, the Cities are unable to support the Plan. It is frustrating for the Cities to attend meetings that appear to cover the same issues previously discussed. The inactions of CVAG create an appearance that CVAG is unable to facilitate a practical solution to resolve the concerns. One of the major unresolved issues is the Cities' need for the Plan to accommodate projects which have been approved prior to the Plan's adoption. Several of the Cities notified CVAG of this need at the beginning of this process. The areas encompassed within previously approved projects must not be designated as conservation area; instead, these areas must be awarded the benefit of the Plan and implementation agreement. To date, this has been met with much resistance. It is very important to the Cities that the Plan accommodate projects that already have been approved so that the Plan can move forward. Further, the Cities need to be sure that the key areas needed for economic development within the Coachella Valley not be unnecessarily designated as open space. It appears that there is a blanket approach to preservation which needs to be replaced with a methodical look so that only sensitive areas that are absolutely critical to species preservation be protected. The creation of open space is not the purpose of the Plan. It appears that the Plan has designated quite a number of acres to open space when there has been no supportable data showing the need to include the area as habitat. The Cities feel that only those areas with supportable data evidencing habitat preservation be designated as open space within the Plan. In addition, two of the Cities (La Quinta and Palm Springs) have serious concerns about the limitations being imposed on recreational opportunities within the conservation areas. Opportunities for the public to experience the areas being conserved must be a key element to the success of this Plan. Hopefully we can arrange a meeting with all parties involved so that the above concerns can be addressed. However, until the Plan is revised to address the above concerns, the Cities' support cannot be offered. .r 77589 v.1 j 005 Ms. Patricia A. Larson Executive Director Coachella Valley Association of Governments May 7, 2002 Page 3 Dated: May , 2002 CITY OF LA QUINTA By: DRAFT J. PENA Mayor Dated: May , 2002 CITY OF INDIO By: DRAFT BEN GODFREY Mayor Dated: May , 2002 CITY OF PALM SPRINGS By: DRAFT WILLIAM G. KLEINDIENST Mayor Dated: May , 2002 CITY OF CATHEDRAL CITY By: DRAFT GEORGESTETTLER Mayor Dated: May , 2002 CITY OF DESERT HOT SPRINGS By: DRAFT MATT WYUKER Mayor ?'r 77589 v.l 006 REPORT/INFORMATIONAL ITEM: 15 INVESTMENT ADVISORY BOARD Meeting April 10, 2002 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 Mahfoud, followed by the Pledge of Allegiance. PRESENT: Board Members Moulin, Olander, Lewis, Felice and Chairman Mahfoud ABSENT: Board Member Osborne OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Secretary II PUBLIC COMMENT - None III CONFIRMATION OF AGENDA Mr. Falconer informed the Board that Board Members Lewis and Moulin submitted two items for discussion related to the investment policy. Mr. Falconer also advised the Board on behalf of the City Clerk's office, as a general reminder any Board Member that has not submitted their Form 700 needs to do so as soon as possible. IV CONSENT CALENDAR 1. Approval of Minutes of Meeting on March 13, 2002 for the Investment Advisory Board. MOTION - It was moved by Board Members Lewis/Olander to approve the Minutes of March 13, 2002. Motion carried unanimously. V. BUSINESS SESSION A. Transmittal of Treasury Report for February 2002. Investment Advisory Board Minutes March 13, 2002 In response to Board Member Moulin, Mr. Falconer advised the Board that the upcoming investments due in May will be rolled over into U.S. Treasuries and he will reinvest in GSE's as they mature. Mr. Falconer informed the Board that the Principal Financial common stock has been sold and the proceeds have been deposited into the general fund; the proceeds received totaled $461,000 (approximately $25.50 a share). In response to Board Member Lewis, Mr. Falconer advised the Board that the amount received was parenthetically noted in the Treasurer's Report. Mr. Falconer informed the Board that he is no longer purchasing commercial paper and has been relying on LAIF for short-term investment needs. MOTION - It was moved by Board Members Lewis/Olander to review, receive and file the Treasurer's Report for February 2002. Motion carried unanimously. B. Consideration of Fiscal Year 2002/03 Investment Policy Board Member Lewis briefly summarized the article (handout) that was obtained from Merrill Lynch, using Treasuries in longer maturities. Board Member Moulin reviewed the language that was submitted to the Board for review. The language emphasizes the hold -to -maturity concept and allows us to sell when the credit worthiness of the issuer or the backer deteriorates. Board Member Moulin also reviewed the language on the second page, which is the suggested substitution language for the limitation to U.S. Treasury Bills, Notes and Bonds. Board Member Moulin also suggested that the language could be placed in a new section labeled "Maximum Maturities," or "Maturities" or it could be placed under the section of "Liquidity." Mr. Falconer clarified for the Board, the referencing of the City Council; the Investment Policies were draft policies with the assumption they would be adopted in June by the City Council and go into affect July 1 st When the City Council was mentioned, this was a statement brought forward from the previous sentence, which ended "the specific approval 2 23 Investment Advisory Board Minutes March 13, 2002 is authorized by the City Council," which carried to the next sentence, which stated "the City Council has authorized up to." Mr. Falconer also advised that the City has not invested in Ginny Maes; it is mentioned due to the fact that it is a permitted investment and it could be invested up to 100% of the City's portfolio: As a practical matter the City has not invested in them to date. Board Member Moulin advised the Board that on page 2, the fourth paragraph, the second line, diversified portfolio should be bolded. Mr. Falconer advised the Board that on page 3, referencing back to Board Member Moulin's handout and the attempt at raising the investment between two and five years, the decision would be between either one, or a combination of the two. Mr. Falconer stated that it would be up to the Council as to what is decided. Board Member Lewis advised the Board that he was not comfortable with specifying a dollar amount as part of the investment policy. Board Member Lewis suggested to the Board that in the policy, the Treasurer could review either on an annual, semi-annual or a quarterly basis. Mr. Falconer advised the Board that the Council reviews the policy on an annual basis. Board Member Lewis advised that it wasn't the Council necessarily that would review the policy. Board Member Moulin suggested to the Board that the City give a blanket authority to the Treasurer with the approval from the Investment Advisory Board, (dollar amount to be determined), to be reviewed quarterly. Board Member Moulin also stated to the Board that he felt the City Council would want a specific dollar amount for approval for investing for more than two years. Mr. Falconer advised the Board from staff's perspective that if there is a specific dollar amount in the policy, that places the responsibility on the Treasurer. Mr. Falconer also advised that if the cash flow increases then the Board can request a change to the policy. In response to Board Member Olander, Mr. Falconer stated that he was comfortable with the policy stating "up to $10 million," for this year. Board Member Moulin referred back to the second page of his handout, as a comparison to Mr. Falconer's suggestion, which states "may be invested between two and five years," Board Member Moulin suggested that it reads "maturing and not more than five years." Board Member Lewis agreed. Mr. Falconer advised the Board that what he was trying to say was the $10 million would be between two in five years. Board 3 2v� Investment Advisory Board Minutes March 13, 2002 Member Moulin suggested that it could read "not more than two to five years," and that the word "maturing" was important. Board Member Lewis suggested that on page three, it read "regardless of other limitations that the City Council has authorized up to $10 million," so that it somehow points out that the $10 million is the exception to the rule. Mr. Falconer reread to the Board the suggestions made to page nine, "the City of La Quinta Investment Policy has specified that no investment may exceed two years, except that up to $10 million may be invested in U.S. Treasury Bills, Notes and Bonds, maturing between two and five years. Board Member Lewis reconfirmed that the "Ginny Mae's" would be taken out. Chairman Mahfoud shared his concerns with the Board regarding where the $10 million derived from. He felt that clarification was needed somewhere in the policy so that a third party could see where it was derived from. Board Member Lewis suggested a paragraph stating "each year before the adoption of policy the Treasurer shall identify those monies that can be invested over a two year time period, such number to be incorporated into the policy." It was suggested by Board Member Moulin, that Mr. Falconer place the paragraph where he feels it would fit. Mr. Falconer advised the Board that he was considering having it under a separate section, as an example, "Section 19," and referencing it in the Executive Summary. Board Member Moulin concurred. Mr. Falconer asked the Board for clarification about moving the yield references, and how he recalled that there was a previous board discussion about placing it in the yield section. Board Member Lewis stated that it is not a separate objective and where it was placed was the most appropriate. Mr. Falconer stated that it may be better placed under the "Liquidity" section. Board Member Lewis stated that maybe it should be placed under liquidity, due to the fact that it states, "hold to maturity," which is part of the liquidity process. Mr. Falconer re - clarified the section that would be placed under liquidity, which begins "securities underlined," shall not be sold prior to maturity. Chairman Mahfoud asked the Board, referencing back to page 5, if there are other risks that also need to be identified other than the 4 �rJ Investment Advisory Board Minutes March 13, 2002 current credit and interest rate risk? Board Member Lewis stated that there are other risks, but felt that the policy covered the primary risks involved. Mr. Falconer clarified for the board that on page 9, the underlined statement was for emphasis. Referencing page 10, Mr. Falconer also advised the Board that the State code now allows up to a maximum of $40 million. In response to Board Member Lewis, Mr. Falconer clarified that Fannie Mae and Freddie Mac are publicly traded and had a little more oversight of being SEC regulated, whereas some of the other GSE's weren't. That is why there is a distinction between the $5 million and $3 million. Board Member Moulin suggested boosting the amount of Fannie Mae and Freddie Mac above $5 million, somewhere between $5 million and $10 million. Board Member Moulin advised the Board that Mr. Falconer is already purchasing $5 million in pieces of paper, which maximizes out his purchase in these investments. Board Member Moulin stated that he feels very comfortable raising the amount to $10 million. Board Member Olander advised the Board that he was not comfortable with that amount, in the event of a failure of an institution it would place the City in a crisis. Board Member Moulin advised the Board that the City Council has expressed their concerns in increasing LAIF, so where do you place the money? Board Member Moulin feels that a banking institution (Federal Agency) is a lot more solid credit wise than commercial paper. Mr. Falconer advised the Board that when he looks at investments, he looks at LAIF and commercial paper as short investments, and the long- term investments are Treasuries and GSE's. Mr. Falconer also advised the Board that if we were to limit GSE's the money would be placed into Treasuries. If the GSE's were increased, Mr. Falconer would take a small amount from the Treasuries to pick (as an example) up the 10 basis points. Discussion continued regarding commercial paper and GSE's, and the future of investments and the economy. Board Member Lewis stated that he wanted to clarify that he was not suggesting raising the limit on all GSE's, but was suggesting raising the limit on the regular agencies. Mr. Falconer stated that he wanted to clarify why he wanted to Investment Advisory Board Minutes March 13, 2002 recommend increasing commercial paper from $2 to $3 million. The increase was to invest in more quality issurers such as General Electric do to his belief in the deteriorating quality of paper available and used the fact that he would have preferred to invest an additional $1 million in GE rather than Colgate. In order to invest in quality commercial paper, we need to go with a little better quality with a little bit more money. Board Member Lewis stated that from a practical standpoint that the Board should look towards raising the U.S. Agencies, or if nothing else place them on par with GSE's. Board Member Lewis also suggested that that Sallie Mae stay at $3 million. It was the consensus of the Board to raise all Federal Agencies to $5 million except for Sallie Mae which should remain at $3 million. Board Member Moulin advised that in the commercial paper paragraph, the last line that the "A" should be at the right of the 2. And on page 23, the last line, the word "approval" is missing. Motion — It was moved by Board Member Lewis/Olander to continue discussion of the Fiscal Year 2002/03 policy to the next scheduled meeting. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — March 2002 In response to Board Member Lewis, Mr. Falconer stated that LAIF does not react favorably when interests rates rise. Noted and Filed VII BOARD MEMBER ITEMS Vill ADJOURNMENT G Investment Advisory Board Minutes March 13, 2002 MOTION - It was moved by Board Members Moulin/Lewis to adjourn the meeting at 6:55 p.m. Motion carried unanimously. ;Subm* y, r Vianka Orrantia Secretary 7 P-8 REPORT/INFORMATIONAL ITEM: � COMMUNITY SERVICES COMMISSION MINUTES April 8, 2002 I. CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson St. Johns presided over the meeting. Commissioner Boudreau led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Deborah Bechard Commissioner Michele Boudreau Commissioner Mike Davis Commissioner Joan Rebich Commissioner Victoria St. Johns (Chairperson) STAFF PRESENT: Dodie Horvitz, Community Services Director Marni Francisco, Recreation Supervisor II. PUBLIC COMMENT III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of March 11, 2002 B. Monthly Department Report for February 2002 It was moved by Commissioners Boudreau/Bechard to approve the Consent Calendar. Unanimous. V. PUBLIC HEARING VI. BUSINESS ITEMS A. Community Picnic and Birthday Celebration Ms. Francisco reminded the Commission that this event is only possible due to the Commissions help, as she is busy with other tasks. The City's economic development department staff will hand out pennants at the City booth. Ms. Francisco gave the Commissioners specific job duties and will meet with the Commissioners on Wednesday, April 24 at 5:30 at Fritz Burns Park to conduct a walk through of the set up and how the event will run. B. Annual Work Plan SACOMMUNITY SERVICES\CSCOMM\MINUTESCSC\2002\CSCMIN.04-08-02.DOC ` �� 0 The Commission reviewed the current work plan and made no changes to the document. The Commission requested the Building and Safety Director attend a Commission meeting to discuss the future of funding emergency services. It was moved by Boudreau/Davis to present the Commission's work plan to the City Council for consideration. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS None. VIII. COMMISSIONER ITEMS A. Commissioner Bechard reported that she attended the CPRS Awards program and was impressed with the programs, the equipment for tot lots and water features for playgrounds. B. Commissioner Bechard suggested the Commissioners meet at different park locations instead of at City Hall for each meeting. The Commission concurred. C. Commissioner St. Johns presented the Code of Ethics as prepared by the CACPBM organization. She suggested that each Commissioner follow these guidelines. D. Commissioner Rebich reminded the Commission that both she and Commissioner St. Johns terms are up this June. She asked that applications be sent to commissioners when their term is about to expire. Staff will forward this suggestion to the City Clerk's office. E. Commissioner Rebich again pointed out that the sound wall on Washington Street north of Avenue 50 needs to be landscaped. F. Commissioner Boudreau reported that she will not be able to attend the May 13, 2002 Commission meeting. IX. ADJOURNMENT It was moved by Commissioners Rebich/Davis to adjourn the Community Services Commission meeting. Unanimous. Meeting adjourned at 8:05 p.m. NEXT MEETING INFORMATION Monday, May 13, 2002 7:00 PM La Quinta Civic Center Study Session Room tted e Horvitz, C munity Services Director 602 S:\COMMUNITY SERVICES\CSCOMM\MINUTESCSC\2002\CSCMIN.04-08-02.DOC REPORT/INFORMATIONAL ITEM: 17 CULTURAL ARTS COMMISSION MINUTES April 11, 2002 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 P.M. in the Study Session Room of the La auinta Civic Center. Chairperson Shamis presided over the meeting. Commissioner Reynolds led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Dan Baxley Commissioner Denise Diamond (Left at 8:05 p.m.) Commissioner Else Loudon Commissioner Elaine Reynolds Commissioner Rosita Shamis (Chairperson) STAFF PRESENT: Dodie Horvitz, Community Services Director II. PUBLIC COMMENT III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of March 14, 2002 B. Financial Report for March 2002 C. Department report for February 2002 It was moved by Commissioner Reynolds/Loudon to approve the Consent Calendar. Unanimous. V. PUBLIC HEARING - None VI. BUSINESS ITEMS A. 20th Anniversary Celebration Musical Entertainment Plans Commissioner Loudon gave an overview of the entertainment lined up for the Celebration. She has been working with Mr. Bugg in coordinating the event. Chairperson Shamis reported that the plans are going well and on schedule. Mr. Bugg has been attending the 20' Anniversary Celebration meetings. Robert Craven is working with Mr. Bugg and Commissioner Loudon to coordinate the details. \\CLQADMFSI\SHARED\COMMUNITY SERVICES\CACOMM\CACMIN.04-11-02.DOC Chairperson Shamis handed out an outline of the program for the Commissioners to review. Chairperson Shamis reminded the Commissioners that this event is the Commissions contribution to the 201h Anniversary Celebration, and therefore each of the Commissioners are expected to participant and to work the event, doing whatever needs to be done to make the event a success. The Cultural Arts Commissioners agreed to assist with the Chamber of Commerce Mixer on April 25, to clean up the area. B. Annual Work Plan: The Commission reviewed the annual work plan. After some discussion, Commissioner Diamond will complete the artwork inventory, with Commissioner Reynolds assisting. Commissioner Reynolds reported that the Temporary Art Agreement should be reviewed as to the language in paragraph six in which the City reserves the right to remove an art piece within 30 days of notifying the artist. She stated that John Kennedy was willing to participate in the program, however, he was uncomfortable with that paragraph and therefore withdrew his application. Commissioner Reynolds asked that the Commission review the Temporary Art Agreement as part of the tasks identified in the annual work plan. Commissioner Loudon reported that Casa Blanca Video has been unresponsive to the Commissions request for information regarding a public art video. The Commission agreed that they do not have expertise in grant writing and this task should be dropped from the work plan. The Commission would like to make minor changes to the Meet the La Quinta Artist program but would like to continue the program. It was motioned by Reynolds/Loudon to forward the Cultural Arts Commission work plan to the City Council for consideration after minor corrections were made. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS None. Vlll. COMMISSIONER ITEMS A. Chairperson Shamis stated that the Coachella Valley Alliance for the Arts is planning an event in which all of the Cultural Arts Commissioner from the Coachella Valley will \ ACOMM\CACMIN.04-11-02.DOC T' "' \\CLQADMFSI\SHARED\COMMUNITY SERVICES C IX. be invited. This is planned for May 17 in Rancho Mirage. The Alliance is also forming a planning committee to work with the cities to coordinate activities. B. Chairperson Shamis reported that she was a judge at the Desert Sands Unified School District's Standing Ovations program and was thanked for her participation. C. Chairperson Shamis also requested a report on the De Martino art piece on the corner of Washington and Hwy. 1 11. Staff reported that Mr. De Martino is working on the color of the pigment for the gem. D. Chairperson Shamis also stated that she would like to see a partnership between the Palm Springs Desert Museum and the McCallum Theater to share art pieces and performers. E. Commissioner Reynolds reported that the Soroptmists will be honoring Terry Henderson, Susan Francis and Marilyn Smith as Women of Distinction on May 14. F. Commissioner Baxley reported that there is a new art gallery at COD that will display travelling art pieces. ADJOURNMENT It was moved by Commissioners Reynolds/Loudon to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:18 p.m. NEXT MEETING INFORMATION May 9, 2002 7:00 PM La Quinta Civic Center Study Session Room d by: Do ie orvitz, Co6m ity Services Director \\CLQADMFSI\SHARED\COMMUNITY SERVICES\CACOMM\CACMIN.04-11-02.DOC REPORT/INFORMATIONAL ITEM: /9 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 23, 2002 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:09 p.m. by Chairman Abels who asked Commissioner Tyler to lead the flag salute. B. Present: Commissioners Richard Butler, Tom Kirk, Robert Tyler, and Chairman Jacques Abels. It was moved and seconded by Commissioners Tyler/Butler to excuse Commissioner Robbins. Unanimously approved. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney John Ramirez, Senior Engineer Steve Speer, Principal Planner Stan Sawa, Associate Planner Martin Magana, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Abels asked if there were any corrections to the Minutes of March 26, 2002. Commissioner Tyler asked staff to verify the statement made on Page 2, Item #6; Page 6, Item #4 be corrected to read, "...no supporting text given..."; Page 7, Item #6 corrected to state the elevators were a marketing issue.."; Page 8, Item #12 corrected to read, "...long term energy cost analysis..."; and Page 10, Item #9 corrected to read, "...for a total of 74 feet." There being no further corrections, it was moved and seconded by Commissioners Tyler/Kirk to approve the minutes as corrected. Unanimously approved. B. Department Report: None V. PRESENTATIONS: None. VI. PUBLIC HEARINGS: G:\WPDOCS\PC Minutes\4-23-02.wpd Planning Commission Minutes April 23, 2002 A. Environmental Assessment 20002-443, General Plan Amendment 2002- 084 Zone Change 2002-106 and Site Development Permit 2002-730, a request of Clubhouse Associates, L.L.C. for a recommendation for certification of an Environmental Assessment; change the General Plan Land Use and Zoning Designation from Low Density Residential to High Density Residential; and approval of development plans for a 149 unit apartment complex and ancillary facilities located on a 10.75 acre triangular parcel on the south side of Avenue 52, east of Jefferson Street. 1. Chairman Abels asked if there was a motion to continue the project to May 14, 2002 as requested by the applicant. 2. It was moved and seconded by Commissioners Butler/Kirk to continue the project to May 14, 2002. Unanimously approved. B. Site Development Permit 2002-731; a request of WG Properties, LLC for consideration of development plans for construction of a 8,792 square foot office building on a 1.51 acre parcel located at the east side of Washington Street, north of Lake La Quinta Drive, within the Lake La Quinta project area. 1. Chairman Abels asked if there was a motion to continue the project to May 14, 2002 as requested by the applicant. 2. It was moved and seconded by Commissioners Tyler/Butler to continue the project to May 14, 2002. Unanimously approved. C. Environmental Assessment 2002-445. Conditional Use Permit 2002-068, and Site Development Permit 2002-733; a request of SECO/SDC LLC/A.G. Spanos Construction, Inc.,1) Recommendation for certification of an Environmental Assessment; 2) Conditional Use Permit to allow a 1- 3 story, 120 room hotel; and 3) Review of development plans for a 1-3 story, 120 room hotel to be located on the east side of Washington Street, north of Avenue 48. 1. Chairman Abels asked for the staff report. Associate Planner Martin Magana 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 ' G:\WPDOCS\PC Minutes\4-23-02.wpd 2 002 Planning Commission Minutes April 23, 2002 Commissioner Butler asked staff to identify the location of the three story building on Caleo Bay in relation to Via Florence. Staff showed how it intersected the eastern building. Discussion followed as to the location of the three story buildings. 3. Commissioner Kirk asked if the applicant did any visual impact that would affect view sheds. Staff stated yes, and the architect would make that presentation. Commissioner Kirk asked how this property relates to the previously approved medical facility. Staff showed where the medical building was located. Community Development Director Jerry Herman clarified it was approved under a specific plan which does not expire. This project encompasses part of that site which would require it to be modified. Commissioner Kirk asked how much of this site belonged to the earlier specific plan. Staff stated two acres. Commissioner Kirk asked if the traffic generated by this project would be more, less, or same amount of traffic as the previously approved medical center. Senior Engineer Steve Speer stated it is about the same generation. The one issue is that this project is taking direct access off Washington Street. The previous approval had traffic taking access off Caleo Bay. Commissioner Kirk asked if the traffic distribution with the access off Washington Street, would be less off Caleo Bay. Staff stated the traffic study showed by taking the access of Washington Street it will significantly reduce the amount of traffic on Caleo Bay. Commissioner Kirk asked if this property would be allowed under the Regional Commercial land use designation. Staff stated yes as well as the Community Commercial designation. Commissioner Kirk asked if a use that is more intense could be put here. Staff stated the hotel is probably the most intense use, but they could build up to 50 feet in height. With the zone change it reduces it to 40 feet and they are proposing 36 feet. 4. Commissioner Butler asked staff to identify where the entrance was to Lake La Quinta and how the proposed three story buildings would line up in relation to the entrance to Lake La Quinta. Discussion followed. 5. Commissioner Tyler stated the way the property is graded the pad levels are roughly two feet above the sidewalk. Staff stated they are looking at reducing it down to one foot. If you drop it much more, the existing infrastructure would not work for the site. Commissioner Tyler asked how this level compares with the pad levels on the east side of Caley Bay. Staff stated they are about 003 �•� G:\WPDOCS\PC Minutes\4-23-02.wpd 3 Planning Commission Minutes April 23, 2002 the same. Discussion regarding the pad levels of the project and the homes in Lake La Quinta. Commissioner Tyler asked about the lighting. Staff stated the lighting would be the same as the Arts Foundation project and gave a description. They would be allowed 20 feet high lights and are requesting 12 feet high lights. Commissioner Tyler asked about the vacation of the restricted access. Senior Engineer Steve Speer explained that when the map was created for Lake La Quinta, staff restricted the access from Washington Street to one location which was La Quinta Drive. In order for the access to be taken from Washington Street the actual acquiring of the access must be presented to the City Council. Commissioner Tyler asked if entry into the project off Caleo Bay was wide enough to accommodate a left turn lane. Staff explained it is 40 feet between the curbs. Staff will have a 12 foot center, two-way left turn lane, with 14 foot travel lanes on the outside. There will be no parking allowed on Caleo Bay. 6. Chairman Abels asked if the applicant would like to address the Commission. Mr. Lew Bishop, the applicant, gave a presentation on the project with a sight line presentation. The lighting will be low and hopefully at 10 feet. The maximum height of the building facing Caleo Bay is only 28 feet. The parapets take it to 36 feet. 7. Chairman Abels asked if there were any questions of the applicant. Commissioner Tyler asked what the focus of the name "Residence" meant. Mr. Bishop stated it is designed for longer stays than the normal. 8. Commissioner Kirk asked the location of the sight analysis. Mr. Bishop indicated the location on the map. Commissioner Kirk asked if the impact would be different on the other lots. Mr. Bishop explained the difference. 9. Chairman Abels asked if there was any other public comment. Mr. David Flemer, Jr., 47-780 Via Livorno, stated the reason they moved to La Quinta is for the family friendly environment. They would like to ask the Planning Commission to vote no on this project because they believe it is a negative impact to the residents in the community with small children. A bus stop exists 9.. 004 G:\WPDOCS\PC Minutes\4-23-02.wpd 4 Planning Commission Minutes April 23, 2002 at the corner of Via Florence, near the entrance off Caleo Bay into the property and this is a concern to the parents. The elevation are also a concern as the second and third floors residents will be able to see into their backyards which is a violation of their privacy. 10. Commissioner Kirk asked if anyone had any ideas for better commercial uses for this property, please state them. 1 1 . Mr. Leo Ahern, 47-780 Via Firenze, stated he had written to the Commission and outlined eight objections to the project that he, his wife, and neighbors share. Some of those concerns are safety, children, emissions, land values, views, drainage and maintenance of the lake, lighting pollution, Caleo Bay is a Local Street and this project makes it a major highway. The Commission should take all these concerns into consideration. 12. Mr. John Miller, HOA Association President, 47-850 Via Nice, stated his issues were the three stories and being setback 152 feet from Washington Street. The other buildings being built are not set back this far off of Washington Street. The residents have expressed concern over the loss of privacy and the limited number of parking spaces being provided. Where do the employees and attendees of conferences park? For example the projects at Highway 1 1 1 and Washington which are completed already do not have enough parking spaces. He understands the need to attract hotels, but not at the expense of property owners. Hotels should be on Highway 1 1 1. He is also concerned with the high volume of traffic and 24-hour business. The entrance to Caleo Bay is directly outside their community and this is where their children gather to meet the school bus. In regard to the traffic study, his concern is that those traveling south on Washington Street will not be able to make a left turn in and will have to turn down Caleo Bay or Avenue 48 to come into the back entrance to the hotel. Also, the originally approved medical facility was only a 9:00 a.m. to 5:00 p.m., Monday to Friday business and this project will be 24-hours; how can it not have a greater impact on traffic? 13. Mr. Tom Plouffe' 47-905 Via Jardin, stated he shares the concerns expressed by Mr. Miller. When he walks in the morning he will not be able to see the mountains because of the hotel. Another concern is parking. There are no other structures in this area over one story. 2-9 5 0 0 "a' G:\WPDOCS\PC Minutes\4-23-02.wpd 5 Planning Commission Minutes April 23, 2002 14. Ms. Bernadette McNulty 47-395 Via Opera, has talked to the architect, and she is an environmental consultant and does like the design of the building. They have altered the height of the roof line to break up the space and it is superior to having two or three giant structures. They are only using 25% of the site for the structure so there is a lot of landscaping and that is good. The issue of parking is a concern and they are only providing 1.3 spaces per room and this is not enough. There needs to be more parking for the employees and attendees. She does not want to be in her backyard looking at the backside of a three story building, nor does she want a resident of the hotel looking down into her yard. Her third concern is the pollution to the lake. 15. Mr. Marshal Italiano 47-785 Via Firenze, stated he lives on the corner lot directly across the street and does not agree with the sight lines as presented. The perimeter wall was referred to as having 9 foot bushes. They are trimmed to six feet. East of his property the wall is only six feet and that would be at a diagonal. His biggest concern is not the project, but also what happens to the other properties on this site and the traffic on Caleo Bay. It will bring more traffic and pollution. Right now they are an oasis surrounded by commercial. He understood and accepted the original medical center because the architecture blended in and would only be two stories, limited hours and closed on the weekends. Now this. In addition, probably three quarters of the community did not receive notice of this meeting. At the far end of the site there is Palm Desert National Bank, one story and they have no problem with it. The restaurant was also no problem. They did have a problem with the design, but they were concerned with the parking and overflow onto Caleo Bay. His home is 54 feet from the wall. Take a good look at site plans. He would recommend putting up balloons to look at the effect. 16. Mr. Stephanie Eichel, 47-995 Via Nice, stated she has sold most of the resales at Lake La Quinta and this project and she has to disclose the hotel and buyers do not want to buy. This will hurt their property values. There are other commercial options, such as a beauty salon, that would not be a three story hotel. 17. Mr. Larry Borses, 78-935 Via Trieste, did parking calculations for the restaurant and realized the parking would spill over onto the Caleo Bay. Now this project will add to that. Delivery trucks will be backed up onto Caleo Bay. No one calculated the number of 29 006 G:\WPDOCS\PC Minutes\4-23-02.wpd 6 Planning Commission Minutes April 23, 2002 persons delivering as well as attending or working at this project. This is what he is concerned about. 18. There being no further public comment, Chairman Abels closed the public participation portion of the public hearing and opened the matter for Commission discussion. 19. Commissioner Tyler stated he appreciated the public comment In regard to this parcel of land, the residents of Lake La Quinta have known since the beginning that it was designated as a commercial site. If no one knew this, it is an issue with your realtor. In regard to the water runoff, this is an issue that was addressed when the specific plan was approved. Research was done at that time and it was designed to have the drainage from the entire project drain into the lake. It was designed for this purpose. As far as parking, it should be looked look at again. The issue of parking on Caleo Bay, staff has stated there will be no parking allowed on Caleo Bay. Children should not be playing on public streets so parents would not have to be concerned about traffic on Caleo Bay. He too was concerned about the line of sight as to where the three story part of the building would be facing Caleo Bay, but at the moment that is undeveloped property. As to the affect on the property on Caleo Bay, between Avenue 48 and Via Florence, the sight line is useful. In regard to the sight line, it works both ways. If you cannot see the building, they cannot see you. As to the traffic, all the projects proposed and developed so far have taken access off Caleo Bay. Now, some entry will be allowed off Washington Street which will help. Realistically this property will be developed. 20. City Attorney John Ramirez interrupted by informing the public that the public comment period has been closed and this is the time for the Commission to deliberate. This is a public forum and if everyone could be polite, it would be appreciated by both the Commission and staff. 21. Commissioner Butler noted he had taken notes on the comments that were made by those who spoke and a lot of issues were raised. We all suffer with the growth of the community. We are ruling on what is allowed for this site. He asked staff to explain how the water from this project would drain into the lake. Senior Engineer Steve Speer stated the Spanos Corporation was the original developer of the site and the lake was made the major P q _7 �a G:\WPDOCS\PC Minutes\4-23-02.wpd 7 007 Planning Commission Minutes April 23, 2002 drainage source for the entire specific plan site. Commissioner Butler asked if the sight line could be done in reverse. Can the residents of the hotel see into the Lake La Quinta property owners backyard? Should mitigation measures be placed on the development to deter the view. 22. Commissioner Kirk stated the Commission is trying to realize the impact on the property owners as well as the owners of the project. This overall is a good project. There are some issues to address. Most can or have been addressed. He would like to ask the applicant what the height of the wall was for the sight line study. Mr. Bishop stated the hedges they measured were approximately nine feet above the 30 inch wall on the back side of the walkway on the east side of Caleo Bay. He took a separate sight line eliminating the height of the existing shrubbery and lowering the sight line to the top of the six foot wall that is in the backyard of all the houses and you still cannot see the building. Because the street curves and because there is a lot of vacant land to the north, they took the worst case scenario. There are no balconies facing Caleo Bay except for three that face vacant property. There is a 30-inch retaining wall at the back side of the sidewalk and four feet back from that there is a six foot wall. So from the back of the sidewalk on the east side of Caleo Bay to the top of the wall is approximately nine feet. Commissioner Kirk stated that they would be affected while walking whether or not it was a one story or three story building. What has impressed him is that this is one of the best looking Residence Inn he has seen. Rarely do we have applicants who will vary their rooflines. This has a lot of visual interest compared to what could be a blank wall of a supermarket or drugstore. Parking is a concern for this project and generally projects are over parked. He would suggest the access along Washington Street should be a shared access. Also, he would recommend a driveway access along the northern and southern perimeter. Low scale lighting should be applauded with the ten foot high light standards. 23. Commissioner Tyler asked the location of the windows on Caleo Bay. Mr. Bishop indicated there is one bedroom window and indicated how they would block the view into the neighborhood. 24. Commissioner Tyler asked what the setback was for the first G:\WPDOCS\PC Minutes\4-23-02.wpd 8 0018 Planning Commission Minutes April 23, 2002 building. Staff stated the building setback is 80 feet back from Washington Street. Community Development Director Jerry Herman stated the previously approved two story Eisenhower medical facility was 35-36 feet in height. 25. There being no further discussion, it was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2002-037 certifying Environmental Assessment 2002- 445, as recommended. ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Chairman Abels. NOES: None. ABSENT: Commissioner Robbins. ABSTAIN: None. 26. It was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2002-038 approving Conditional Use Permit 2002-068, as recommended. ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Chairman Abels. NOES: None. ABSENT: Commissioner Robbins. ABSTAIN: None. 27. It was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2002-039 approving Site Development Permit 2002-733, as amended: a. The access along Washington Street shall be a shared access off Washington and reciprocal access to the northern and southern properties b. Low scale lighting shall be used with ten foot high light standards. ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Chairman Abels. NOES: None. ABSENT: Commissioner Robbins. ABSTAIN: None. Chairman Abels recessed the meeting at 8:43 p.m. and reconvened at 8:49 p.m. VII. BUSINESS ITEMS: G:\WPDOCS\PC Minutes\4-23-02.wpd 9 009 Planning Commission Minutes April 23, 2002 A. Site Development Permit 2002-735; a request of Peter and Marie Andriet for compatibility review of architectural and landscaping plans for a one story single family residence on approximately 0.2 acres located at 47- 300 Via Ravenna, south of Dulce Del Mar within Lake La Quinta 1 . Chairman Abels 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. None. 3. There being no questions of staff, Chairman Abels asked if the applicant would like to address the Commission. Mr. Frank Moreno, architect for Peter Andriet stated he was available for questions. 4. Commissioner Butler asked if this had been approved by the homeowners' association. Applicant stated yes. 5. There being no further questions of the applicant and no other public comment, Chairman Abels open the matter for Commission discussion. 6. There being no further discussion, it was moved and seconded by Commissioners Tyler/Kirk to adopt Resolution 2002-040, approving Site Development Permit 2002-735, as recommended. ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Chairman Abels. NOES: None. ABSENT: Commissioner Robbins. ABSTAIN: None. B. Sign Application 2002-613; a request of JDD, LLC, for consideration of an amendment to the sign program for La Quinta Court. 1 . Chairman Abels 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. n r 010 G:\WPDOCS\PC Minutes\4-23-02.wpd 10 Planning Commission Minutes April 23, 2002 Commissioner Butler asked why this was being considered a sign. Staff explained the sign program was created so that all signs have to be letters. If this were an art feature it would have to be owned by the City and therefore it has to be a sign. 3. There being no further questions of staff and no public comment, Chairman Abels closed the public participation portion and opened it for Commission discussion. 4. Commissioner Kirk asked why staff was requesting to change Specific Plan Criteria 1.7. Staff stated it was not clear enough as the applicant drafted it to ensure this business could have two signs. Commissioner Kirk stated that as now written, for spaces that face away from Highway 1 1 1. Staff stated that in the old program. Commissioner Kirk noted that now the language changed. Staff clarified that if you face Highway 111 and the interior you would be allowed two signs. In this case if you had wall with a storefront you would be allowed a sign and another on the corner. Commissioner Kirk stated it is now permissive. As he reads it under the old version it seems to be more clear that not facing Highway 111 was for properties on Highway 111. The new version seems to allow any property that did not face Highway 111 and was not on Highway 111 to have additional signs. Discussion followed. Staff would clarify that for properties on Highway 111 or facing Highway 111 cannot have an additional sign. Commissioner Kirk stated it appears it would allow an artistic feature and a sign. Staff explained the artistic feature could not represent to the product or products being sold in the building. 5. There being no further discussion, it was moved and seconded by Commissioners Kirk/Butler to adopt Minute Motion 2002-008, approving Sign Application 2002-613, as amended: a. Clarification on signs facing Highway 111 . Unanimously approved. C. Zoning Code Interpretation; a request of staff for an interpretation of Section 9.60.300 of the Zoning Code regarding two story units. 1. Chairman Abels asked for the staff report. Community 30- G:\WPDOCS\PC Minutes\4-23-02.wpd 11 011. Planning Commission Minutes April 23, 2002 Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There being no questions of staff, Chairman Abels asked if there was any other public comment. Mr. Kevin McCune 78-760 Sunbrook Lane, showed the Commission the proposed changes to their house which initiated the Commission interpretation. 3. Commissioner Tyler asked if there would be any structural changes. Mr. McCune stated they will have a structural engineer design the change. Commissioner Tyler stated his only concern is windows that would invade a neighbors privacy. 4. There being no further public participation, the public comment portion was closed and open for Commission discussion. Staff explained possible alternatives as to how the Code could be written. 5. Commissioner Butler stated this should be done on a case by case basis. Staff stated it would not be allowed as it would be a variance which is not allowed. It could be done by zones. 6. There being no further discussion, it was moved and seconded by Commissioners Kirk/Butler to adopt Minute Motion 2002-009, directing staff to prepare a Zoning Code Amendment to modify Section 9.50.300 regarding two story units addressing the following concerns: A. Approval is obtained from adjacent property owners; B. Windows shall be allowed on the street frontage only; C. The change must stay within the existing structure with no exterior changes; and D. Prepare a provision that will not allow any adjoining neighbor to build a second story that changes the existing structure. Unanimously approved. E. General Plan Consistency Finding; a request of the La Quinta Redevelopment Agency for finding of General Plan conformity for the La Quinta Redevelopment Agency's proposed acquisition and development of The Ranch property with a municipal golf course and tourist commercial uses. 012 G:\WPDOCS\PC Minutes\4-23-02.wpd 12 Planning Commission Minutes April 23, 2002 1. Chairman Abels asked for the staff report. Community Development Director Jerry Herman 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 suggested deleting use of the name "The Ranch" as it was the name of the former owner and that the project read "could include golf courses" instead of "would include". Assistant City Attorney John Ramirez stated is has to be "would". Commissioner Tyler asked for clarification on the circulation of Avenue 54. Staff did so. 3. There being no further public participation or discussion, it was moved and seconded by Commissioners Tyler/Butler to adopt Resolution 2002-041, finding conformity with the General Plan for the La Quinta Redevelopment Agency's proposed acquisition and development of The Ranch property with a municipal golf course and tourist commercial uses. ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Chairman Abels. NOES: None. ABSENT: Commissioner Robbins. ABSTAIN: None. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report on the City Council meeting of April 16, 2002. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Kirk/Butler to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held May 14, 2002, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:21 p.m. on April 23, 2002. Respectfully submitted, B ty Sawyer, Executive Secretary City of La Quinta, California 013 G:\WPDOCS\PC Minutes\4-23-02.wpd 13 REPORT/INFORMATIONAL ITEM: /% MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 3, 2002 CALL TO ORDER 10:00 a.m. A. This meeting of the Architectural and Landscaping Committee was called to order at 10:07 a.m. by Principal Planner Stan Sawa who led the flag salute. B. Committee Members present: Bill Bobbitt, and David Thorns. It was moved and seconded by Committee Members Bobbitt/Thoms to excuse Committee Member Cunningham. Unanimously approved. C. Staff present: Management Analyst Debbie Powell, Principal Planner Stan Sawa, Associate Planners Wallace Nesbit and Martin Magana, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: A. It was moved and seconded by Committee Members Bobbitt/Thoms to reorganize the agenda to take Item "D" first. Unanimously approved. IV. CONSENT CALENDAR: A. Principal Planner Stan Sawa asked if there were any changes to the Minutes of March 13, 2002. There being no corrections, it was moved and seconded by Committee Members Bobbitt/Thoms to approve the Minutes as submitted. V. BUSINESS ITEMS: D. Site Development Permit 2001-731; a request of WG Properties, LLC for review of architectural and landscaping plans for a medical/office building consisting of 8,792 square feet to be located on the east side of Washington Street, north of Lake La Quinta Drive. 1. Associate Planner Wallace Nesbit presented the information G:AWPDOCS\A C\4-3-02.wpd 1 J i Architectural & Landscape Review Committee Minutes April 3, 2002 contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Member Thorns asked about the location of the trash enclosure. Mr. Robert Ricciardi, architect for the project, explained its location. Committee Member Thorns asked that the trash enclosure on Caleo Bay be relocated. Mr. Ricciardi agreed. Committee Member Thorns agreed with staff's recommendation on the street scape landscape design. He does not want to see parcels of property on the east frontage having different landscape schemes. Mr. Ricciardi explained it was the same on Washington Street. Committee Member Thorns explained the streetscape on the east side, Caleo Bay, should be compatible with the streetscape is to the north and south. The restaurant and this project should complement each other in regard to the landscaping. Discussion followed regarding the existing landscape material and the proposed. 3. Committee Member Bobbitt asked if the vacant pad on the site would be landscaped and who would maintained it. Mr. Ricciardo stated it would be landscaped and maintained. 4. Committee Member Thorns asked about the contents of the retention basin as he did not think it was consistent with what was to the north and south along Washington Street and Caleo Bay. 5. Committee Member Bobbitt stated he would like to see some turf. In regard to the architecture, he has no objections as he thinks it will blend in with the surrounding buildings. 6. There being no further discussion, it was moved and seconded by Committee Member Bobbitt/Thoms to adopt Minute Motion 2002- 01 1 recommending approval of Site Development Permit 2001- 732, subject to the conditions as submitted and amended: A. Additional turf to parkways. B. Landscaping to complement the landscaping to the north and south along Caleo Bay C. The trash enclosure shall be relocated away from Caleo Bay. Unanimously approved. 3:; ti:i B. Commercial Property Improvement Program 2002-015; a request of Lori 0 G:\WPDOCS\ARLC\4-3-02.wpd 2 Architectural & Landscape Review Committee Minutes April 3, 2002 Abdelnour, Allstate Insurance for a funding request for exterior improvements for the property located at 551-650 Avenida Bermudas. 1. Management Analyst Debbie Powell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Member Bobbitt asked if there would be some landscape renovation. Ms. Abdelnour stated yes, it would. Committee Member Bobbitt asked if the doors and exterior work would be refinished. Ms. Abdelnour stated the windows would be replaced with glass. The roof would be fixed as well as other repairs. The color would be the original color as recommended by Historic Preservation Commission. She would like to use awnings, but she is trying to match what was there in the 1940's and add texture to the rear of the building. 3. There being no discussion, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2002-012 approving Commercial Property Improvement Program request of Lori Abdelnour, Allstate Insurance with a score of 95. Unanimously approved. C. Site Development Permit 2001-732; a request of Southern California Presbyterian Homes for review of architectural and landscaping plans for an 81 unit senior apartment complex located at the southwest corner of Avenue 47 and Adams Street. 1. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Member Bobbitt asked if this project had been discussed with the Lake La Quinta Homeowners' Association. Staff explained this project had addressed the issues raised by the surrounding property owners. Committee Member Bobbitt asked about the material to be used on the carports. Staff stated they would be prefabricated metal with metal canopies. Committee Member Bobbitt stated the material should be something more than a metal prefab carport design, that would fit in more with the architecture of the buildings and surrounding homes. They should be given more architectural treatment. He asked if there was an G:\WPDOCS\ARLC\4-3-02.wpd 3 OP, , Architectural & Landscape Review Committee Minutes April 3, 2002 issue with the Oleander hedge. Staff stated it was intended to stay as it is currently. 3. Mr. Michael Matalon, architect for the project, stated they have not met with any of the property owners. In their discussions with staff, this project was half the density of the previous project and the buildings are a lot further away from their perimeter road. Committee Member Bobbitt stated it would be wise for them to meet with the property owners to ensure there are no issues. 4. Committee Member Thorns agreed with the continuation of the wall down Avenue 47. He asked what enclosure would be constructed along the southern boundary in addition to the Oleander hedge. Staff stated the hedge would remain and berms added. Mr. Tom Doczi, TKD Associates, landscape architect for the project, stated there is an Oleander hedge with chain -link fence that secures the site. Committee Member Thorns stated it is a wire fence not chain -link. Mr. Doczi stated they intended to keep the hedge as it is for privacy. To remove would substantailly open the project up, but a solid wall would close the project in. Committee Member Thorns agrees with the hedge remaining the same, but it needs additional security. Mr. Doczi suggested installing wrought iron at this location. 5. Committee Member Bobbitt stated his problem is the Zielella bacteria infection prevalent in the Valley, which would kill the Oleander hedge. Would the property owners at that time be able to replace the fence? Mr. Doczi stated they could start a back-up planting in case this were to happen to replace the Oleanders. In addition, a wrought iron fence or wall could be installed. Committee Member Bobbitt asked where the irrigation water was coming from. Mr. Doczi stated it is currently coming from Lake La Quinta project and would have to be the responsibility of the applicant. 6. Committee Member Thorns asked what is along the southeast boundary. Mr. Matalon stated that if a second landscaping buffer is installed it would be continued to tie back in with the existing wall on the east property line. The wall would have to be recessed 10 feet to allow for the drainage easement. 7. Committee Member Thorns asked what the applicant was referring G:\WPDOCS\ARLC\4-3-02.wpd 4 Architectural & Landscape Review Committee Minutes April 3, 2002 to when they stated "Natural" landscape. Mr. Doczi stated it would be a desert landscape. Committee Member Thorns asked what is to be used on the ground to stabilize it and keep the blowing sand down. Mr. Doczi stated a combination of ground cover and stabilizer for the soil. In some areas they could use decomposed granite. Committee Member Thorns stated he would not want it to be weeds and tumbleweeds. Mr. Matalon stated it is to be an active site for the project with a walking trail. 8. Committee Member Bobbitt stated that if soil stabilization is used, the walkers will break it up. He would recommend heavier planting. Mr. Doczi stated they would look at adding more plants with the decomposed granite. Committee Member Bobbitt stated that as far as the architecture, he has no issues. 9. Committee Member Bobbitt asked about the removal of the wrought iron fencing. He has a problem with the maintenance of them and would prefer a the solid wall. Mr. Matalon stated they would like visibility in and out of the site as well and a solid wall would eliminate this. They would recommend constructing a solid wall for the first couple feet and then pilasters with the wrought iron. Committee Member Bobbitt stated it is an attractive wall, but keep it out of the irrigation. Mr. Doczi sated there could be a planter area and bring some turf panels to visually soften the look. 10. Committee Member Thorns suggested vines growing on the fence. 11. Committee Member Bobbitt suggested the wrought iron be fully welded all the way around to prevent moisture from getting in. 12. Committee Member Thorns recommended the southeast property line be enclosed and the natural area stabilized. He asked what type of lighting was proposed. Mr. Matalon stated there would be lighting within the carports with perimeter light fixtures. He is unaware what the bulb will be. Committee Member Thorns recommended low sodium lights be used. 13. Committee Member Thorns asked about the retention basin material. Mr. Doczi stated soil stabilization and ground cover. 14. Committee Member Thorns asked about the type of tile to be used on the roof. Mr. Matalon stated there are two different types of tile. 31 15. There being no further discussion, it was moved and seconded byj G:\WPDOCSURLC\4-3-02.wpd 5 Architectural & Landscape Review Committee Minutes April 3, 2002 Committee Member Bobbitt/Thoms to adopt Minute Motion 2002- 013 recommending approval of Site Development Permit 2001- 732, subject to the conditions as submitted and amended: A. The proposed pre -fabricated metal carports shall have a similar appearance to the buildings. These materials and colors shall match those of the proposed buildings on site. B. A six foot high block wall with stucco finish shall be installed along the southeast property boundary where the drainage easement is located and tie into the existing wall on the eastern boundary. Said wall shall match the existing materials as the existing wall on the eastern boundary. C. The proposed parking lot lights shown on Sheet E2 of the plan set, shall be amended to include low sodium instead of high sodium lights. D. The northern boundary of the site shall have a combination of a six foot high, stucco wall and wrought iron fence. Said wall shall have a two foot high block wall with stucco and stucco pilasters every 18 feet on center with wrought iron in between the pilasters. The stucco wall/wrought iron fence shall be painted to match the colors of the proposed buildings. Unanimously approved. D. Site Development Permit 2002-733; a request of SECO/SDC, LLC/A.G. Spanos Construction, Inc. for review of architectural and landscaping plans for a 120 room, 1-3 story hotel to be located on the east side of Washington Street, north of Avenue 48. 1. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Member Thorns asked if there was a color board. Staff stated not as this time. Only a colored elevation. Committee Member Thoms asked what type of stone would be used. Mr. Lew Bishop stated it is a Chardonnay mixed stone of regular shapes and done in the northern Italian style. They want variety and will be using three different stones to be more irregular. It is a manufactured stone. They want a very old look to the stone and the joints do not show. As far as the colors, it will range from light tans to off white to deep oranges and browns for the stucco. It will have a sand finish and three different kinds of exterior 3r ,L G:\WPDOCS\ARLC\4-3-02.wpd 6 t "1 ft1 Architectural & Landscape Review Committee Minutes April 3, 2002 finishes. 3. Committee Member Bobbitt questioned the shade covers over the rooms. Mr. Bishop stated they would be metal (alumawood). The railing would be the same material. Committee Member Bobbitt stated his only concern in regard to this product is that it holds up and that it can dent very easily. Mr. Bishop stated where people come in contact with it, they would use iron. Mr. William Swank, owner of the project, gave examples of the problems they have had with the product. 4. Committee Member Bobbitt stated he liked the landscaping. Mr. Bishop stated the object is to accommodate the needs of the transient occupancy. Once you lay out enough deck area for 100 people to lay in the sun, there isn't much left. They will provide the specifics at a later date for review. 5. Committee Member Thoms stated his concern is the same problem that it match the landscaping match the adjoining properties on the perimeter on Washington Street and Caleo Bay. 6. Committee Member Thoms asked if this project drained into the Lake at Lake La Quinta. Mr. Bishop stated it will. They have relocated the retention basin to accommodate the flow. 7. There being no further discussion, it was moved and seconded by Committee Member Thoms/Bobbitt to adopt Minute Motion 2002- 014, recommending approval of Site Development Permit 2001- 733, subject to the conditions as submitted and amended: A. The streetscape along Washington Street shall maintain the existing landscaping and Caleo Bay shall be compatible with the projects to the north and south. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: None VIII. ADJOURNMENT: 007� A -` G:\WPDOCS\ARLC\4-3-02.wpd 7 Architectural & Landscape Review Committee Minutes April 3, 2002 There being no further business, it was moved and seconded by Committee Members Bobbitt/Thorns to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a regular meeting to be held on May 3, 2002. This meeting was adjourned at 1 1:20 p.m. on April 3, 2002. Respectfully submitted, BE Y AW ER, ecutive Secretary City o a Quinta, California L1M G:\WPDOCS\ARLC\4-3-02.wpd REPORT/INFORMATIONAL ITEM: 02.ZJ MINUTES HISTORIC PRESERVATION COMMISSION MEETING A regular meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA March 21, 2002 This meeting of the Historic Preservation Commission was called to order by Chairman Maria Puente at 3:02 p.m. who led the flag salute and asked for the roll call. 1. CALL TO ORDER A. Pledge of Allegiance. B. Roll Call. Present: Commissioners Irwin, Mitchell, Sharp, Wright, and Chairman Puente. Staff Present: Principal Planner Stan Sawa, and Secretary Carolyn Walker. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Wright/Mitchell to approve the Minutes of February 21, 2002 as submitted. Commissioners approved with Commission Irwin abstaining. V. BUSINESS ITEMS A. Certificate of Appropriateness 2002-015 (City's Commercial Property Improvement Program 2002-015)• a review of proposed property improvements at 51-650 Avenida Bermudas, located on east side of Avenida Bermudas north of Calle Amigo. 1. Principal Planner Stan Sawa introduced Debbie Powell Management Analyst, who presented information on Commercial Property Improvement Program 2002-015. PACAR0LYMHPC3-21-02.wpd -1- 3�; Historic Preservation Commission Minutes March 21, 2002 2. Principal Planner Stan Sawa presented the balance of the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Commissioner Mitchell concurred with staff's recommendations. 4. Commissioner Wright stated the Commission should require strict adherence to the City's Historical Guidelines as they did for the Tradition, the veterinary clinic, and Hacienda del Gato. 5. Commissioner Irwin agreed the veterinary clinic was a good example of what could be done with older, historic buildings, and asked that it continue to be the precedent. 6. Commissioner Sharp questioned what was meant by "original condition" of the building as far as architectural style. Specifically, was this going to be done in a Spanish Hacienda kind of look with a red tile roof on it. 7. Applicant Lori Abdelnour was introduced and stated the building would not be remodeled in the Spanish style, but would be restored to the original architectural style. 8. Commissioner Sharp stated he thought the style was a type of International Bauhaus and asked if the fenestration would remain the same. Applicant replied building would be restored to what was there originally including the paint color. 9. Commissioner Wright asked if the applicant, or the Museum had any historic photographs of the building. Applicant and Commissioner Irwin replied they did not. 10. Commissioner Sharp asked if the roof tiles were asphalt. Applicant replied no, they were concrete. 11. Commissioner Sharp asked if the door was going to be replaced. Applicant replied the door had been broken and cracked so many times it would have to be replaced with a custom made beveled glass door due to its unconventional size. PACAROLY"PC3-21-02.wpd -2- 0C; � 3� Historic Preservation Commission Minutes March 21, 2002 12. Commissioner Sharp stated he wanted to make sure the remodeling would be kept in the style of the building. Applicant replied it would. 13. Chairman Puente agreed with staff's recommendations. 14. There being no further discussion, it was moved and seconded by Commissioners Sharp/Mitchell to adopt Minute Motion 2002-007 recommending approval of the Certificate of Appropriateness 2002-015 (City's Commercial Property Improvement Program 2002-015). Unanimously approved. B. Phase I Archaeological Study for Proposed Senior HousingProject Site: a request for approval of the Cultural Resources Assessment and application for construction of a senior housing apartment project to be located at the southwest corner of Avenue 47 and Adams Street. Applicant: Southern California Presbyterian Homes Archaeological Consultant: �tistorical, Environmental, Environmental, Archaeological, Research, -Team (H.E.A.R.T.) 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. Staff introduced Ben Beckler from Southern California Presbyterian Homes. 3. Commissioner Mitchell asked that the pottery type be identified in the report, as well as the initiation of the subsurface probing testing. 4. Commissioner Wright concurred with Commissioner Mitchell's recommendations. 5. Commissioner Irwin stated she wanted to see a Phase II as well as monitoring during trenching beyond Phase II. 6. Commissioner Sharp agreed with the previous Commissioner comments. He added it is a sensitive area and needed to be checked very thoroughly. PACAROLYNMPC3-21-02.wpd -3- J 003 3� `� Historic Preservation Commission Minutes March 21, 2002 7. There being no further discussion it was moved and seconded by Commissioners Wright/Sharp to adopt Minute Motion 2002-008 approving the Phase I Archaeological Study for Proposed Senior Housing Project Site at the southwest corner of Avenue 47 and Adams Street with the following recommendations: A. Monitoring shall be done during any trenching activities. B. All items of pottery shall be identified. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL VII. COMMISSIONER ITEMS A. Commissioners discussed travel and scheduling arrangements for the 27'h Annual California 2002 Preservation Conference. VIII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright/Mitchell to adjourn this meeting of the Historic Preservation Commission to the next regularly scheduled meeting to be held on April 18, 2002. This meeting of the Historical Preservation Commission was adjourned at 3:29 p.m. Unanimously approved. Submitted by: Caroly alker Secretary PACAROLYMHPO-21-02."d -4- 004 1 1 DEPARTMENT REPORT: 5-A JUNE 4 JUNE 5 JUNE 18 JULY 2 JULY 16 AUGUST 6 AUGUST 20 SEPTEMBER 3 SEPTEMBER 17 CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING SPECIAL JOINT CITY COUNCIUPLANNING COMMISSION MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING May 2002 La Quinta City Council Monthly Planner 1 2 3 4 10:00 AM ALRC 12:00 PM Mayors Apri June Lunch S M T W T F S S M T W T F S 6 1 2 3 4 7 8 9 10 11 14 15 16 17 18 5 6 12 13 2 3 19 20 9 10 16 17 4 5 6 7 8 11 12 13 14 15 18 19 20 21 22 Happy Birthday 21 22 23 24 25 26 27 23 24 25 26 27 28 29 La Quints 28 29 30 30 5 6 7 8 9 10 11 2:00 PM City 9:00 AM RCTC- 12:00 PM Energy/ Council Meeting Pena Envi-Sniff 5:30 PM Invest- 7:00 PM Cultural ment Advisory Arts Commission Board 12 13 14 15 16 17 18 10:00 AM Public 7:00 PM C.V. 5:30 PM Anniver- 3:00 PM Historic Safety -Perkins Mosquito Abate. sary Volunteer Preservation 12:00 PM Transp. -Perkins Recognition Commission Mother's Day -Perkins 7:00 PM Planning Awards 6:00 PM League Commission 7:00 PM Special of Cities-Riv.Div. Meeting Joint CC/RDA 7:00 PM Commu- Meeting nity Services Commission 19 20 21 22 23 24 25 9:00 AM CVB- 12:00 PM CVAG 9:00 AM LAFCO- Henderson Human/Comm- Henderson 2:00 PM City Adolph Council Meeting 4:00 PM DRRA Airp-Henderson �_26_ 27 28 29 30 31 7:00 Planning ssion Commission � Meeting '•� Memorial Day (City Hall Closed) ��t., r a rr, rn@6� Printed by Calendar Creator Plus on 5/17/2002 317 June 2002 La Quinta City Council Monthly Planner Printed by Calendar Creator Plus on 5/17/2002 31 ,.-) v July 2002 La Quinta City Council Monthly Planner 1 2 3 4 5 6 7 2:00 PM City 10:00 AM ALRC Council Meeting it Independence Day (City Hall Closed) 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- 3:00 PM Historic Henderson Preservation 2:00 PM City Commission Council Meeting 21 22 23 24 25 26 27 7:00 PM Planning 12:00 PM CVAG 9:00 AM LAFCO- Commission Human/Comm- Henderson Meeting Adolph 4:00 PM DRRA Airp-Henderson 28 29 30 31 °t June August Exec Com-Pena S MT W T F S S MT W T F S 1 2 3 " 2 3 4 5 6 7 8 4 5 6 7 8 9 10 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 24 ry 30 25 26 27 28 29 30 31 S a, Printed by Calendar Creator Plus on 5/ 17/2UU2 TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety 77,�l . DATE: May 21, 2002 RE: Monthly Department Report - April 2002 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and business licenses for the month of April. The reports depict the following highlights: • Year to date building permit valuation is $52,894,219.40 which represents an issuance of 1,007 building permits through April; • 800 animal control cases have been handled through April; • 771 code compliance cases have been initiated through April; • 7 new licenses were issued to La Quinta based businesses in April; • $1,440.00 - garage sale permit income in April; • $1,139.00 - Senior Center income in April: New Life Community Church $ 495.00 Cove Neighborhood Association Mtg. 219.00 Duna La Quinta HOA 425.00 $1,139.00 W N O N 0 o O O O O O O O O O O O O Q 00 O N O O O O O O O O O O O O O O O Q o co 0 0 0 0 0 0 0 0 0 0 0 0 0 o ao Q N fA f� fA EA EA EA 6A 6A 6» 61i 6A 64 6ci 64 64 61:i O n M C6 M U N J 6n V O O o 0 o O O 0 0 o O o O o o O v am = ao 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 00 f- U) 0 0 0 0 0 0 0 0 0 06 0 0 0 0 0 Uri Z Z v 69 6A 6A 64 v!) 6q 64 64 En 64 69. 614 64 Q I-- O M 0 O U) 00 O U) O O O O O V (D O N m N t0 U) O to N O0 M O O N O O O U) O N O N co O V O N V U) O O O Cl) co (D O V V M N N 64 (D Cl) r- N M r- 00 U) - 00 6A 00 V O O f-, N (D (3 Cl) O O N O O N 00 } 6q 69 b9 (A CD (D 64 6si EA (fl 64 Cl) W 0000 66H 64 W 64 LL w _H V U) O O O O U) N U) V U) (� O U) O O Cl) N 0 O U) U) r- U) O Cl) O cr CO O O O OD r V 0) N O M V O O O U) IT 0 O Cl) (V M Q aW 6H 6A _M (D co CO CN O Cl) 00 U) 6A N N (D U) 0) 64 IT 6A co V Q m Zrl- O 6A 6A 6A Uj r. 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ANIMAL CONTROL REPORT FOR: APRIL, 2002 Steve Alexander, Jackie Misuraca and Moises Rodarte ANIMAL PICKUPS YEAR TO YEAR TO INCIDENTS YEAR TO YEAR TO DATE 02 DATE 01 HANDLED DATE 02 DATE 01 Dols Alive 28 119 157 Bite Reports 2 13 9 Dead 11 23 14 Animal Trap OTI 2 6 17 Set Ups 13 27 32 Cats Alive 51 73 57 Cruelty to Dead 8 24 25 Animals 0 1 5 OTI 0 0 0 Other Animals Alive 27 37 27 Vicious Animal Dead 8 30 24 Restraining 0 1 0 TOTAL ANIMALS Alive 106 229 241 Dead 27 77 63 OTI 2 6 17 TOTAL ANIMALS REMOVED 135 312 321 VIOLATIONS: Dogs at Large Noise Disturbance Defecation removal License Violation Other Monthly Total YEAR TO DATE No Owner 14 0 0 0 0 14 61 Warnings 1 1 0 0 0 2 Special Hour Patrols 0 Zoning Violations 0 Lost & Found 36 Animal Rescue 0 Outside Agency 0 City Reclaims 10 Other 25 TOTALS 86 Citations 10 0 2 19 1 32 7 128 8 29 2 10 124 137 4 6 0 0 43 43 69 57 292 328 TOTAL MONTHLY INCIDENTS HANDLED: APR 02- 269 / APR 01- 217 YEAR TO DATE INCIDENTS HANDLED: APR 02 - 800 / APR 01 -1.118 3211) CO3 CODE COMPLIANCE REPORT FOR: April, 2002 Apr. 02 YEAR TO DATE 02 YEAR TO DATE 01 ABATEMENTS: Nuisance Abatements Started 130 422 719 Weed Abatements Started 24 39 48 Vehicle Abatements Started 107 296 453 Dwelling Abatements Started 11 14 4 TOTAL STARTED 272 771 1.224 TOTAL COMPLETED 306 739 855 Case Follow -Ups 325 2130 2,741 Home Occupation Inspections 6 30 34 Business License Inspections 0 0 13 Garage sale permits Issued 144 479 508 3 L04 N N N N N N N 0000000 d 0 0 0 0 0 0 0 +-'NNNNNNN Istvvvvvv �0000000 C9 z QzQ W J W U H U � LLJ W> w U)w�F= w� U W m �u1U_ Ow Q w m U Q 2 CO > w U) -) z O o (DZ F- EnUW-Mog-w C' F- WUQzdUU tt O (N 0 1 in N N co cp a � LO Lr) a 0 0 0 0 0 0 0 I(D (D (D (D O (0 (D 'N M CM M M M M M aot000to(oo N N N N N N N aommommm d a+ (C r+ N a IQ Q Q Q Q Q Q 720000000 FQ- z O a a U Q C/) m w p U C9 N J O Z WU LLJZ y -10 � W>U-- Z V wo vOiN O0LLl Zw a d J Q U Z Z)> W U U V) —0 J a) 0 m Q Q J� O c- C�-iF-UYgIx o ;c�w?NWo a � F- U m IU (9 W m J U U �aQp0WW> 0 r-- Ln r- I.- Ln N C�d�'0o0•N-0)(M0) �M M N M N eM N a 0000000 005 DEPARTMENT REPORT: c&t!t 4 Qu41krcv MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 21, 2002 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF APRIL 2002 Attached please find a copy of the Community Development Report which outlines the current cases processed by staff for the month of April. 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O L n U a) c m N c y d c ' O 0 4* a) J LU Q' CL Q Y •c N N a) c cn co c O (n o %t U LO cn N co dS 'E -C4- U Cl) Q -i x -C U • U M M oZf M` N M n O O CO 00 N O cn M r N C M N c0 N +' N LO �h N r- O CO n NO LA M O 0O (n N M O U O L- coQ O N U N N > 0) O cM 0 O� IL cc CL O a) O O a 0 N >. M J CL ON 0 n LL in p 2 p 2 H W U U) (A CL m m r- 0 on 00 O a W Q F- U) F- L) W OM w J Q W a y O N N N N 'a O O O O O O M e- O p o Ln w Ln m in �U d O N O N v O O - O N ` N N N n O d « d d « 0 In 0 Ln 0 + N as O O O O r% O O O O Ca h N M +TC (oOM 0� k N C N � C O Y R p ~ C coo .o c CD a m ° 'tea a O CD W 00 y p C c m .o a `0 0 tm = V N m d z {c0 a 'a a y U O M a� +O+ " 0. ° (D c� m a CD CD 4O) z m o d oil c w- a m o vm C 0 Z . � U a c m H 2 2 a U p m b 3 0 a x a. 3 3�' O DEPARTMENT REPORT: �o U LmRX mA G�. S4� OF t9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY C CIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECTOR DATE: MAY 21, 2002 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF APRIL 2002 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF JUNE 2002: June 3 *Free Energy Assistance June 3 *Introduction to Computers June 3 *Monthly Putting Contest June 3 Hatha Yoga Classes, Senior Center June 4 *CPR Class June 5 *Digital Photography Class June 5 *Watercolor Lessons June 6 *SunLine Transit Travel Training Class June 8 La Quinta Summer Tour Kick Off, Desert Willow June 12 *Introduction to the Internet June 13 *Healthy Cooking Class June 15 La Quinta Summer Golf Tour, Cimarron Golf Resort June 17 Beginning Computers, Senior Center June 17 Drawing Lessons, Senior Center June 17 Classic/Latin Ballroom Dance, La Quinta High School June 18 *Free Hearing Consultations June 18 Italian for Travelers, Senior Center June 19 Intermediate Computers, Senior Center June 20 *Free Medicare and Insurance Counseling June 20 *Salad Days Luncheon June 21 *Free HI -CAP Counseling June 21 Family Excursion to Disney's California Adventure June 22 La Quinta Summer Golf Tour, Landmark Golf Club June 22 Mastering Microsoft Excel, Computer Workshop, Senior Center June 25 *AARP Mature Driving June 27 Getty Museum Excursion, Los Angeles June 27 Shop Fashion Island, Newport Beach June 29 Summer 2 on 2 Grass Volleyball Tournament June 29 La Quinta Summer Golf Tour, Mountain Vista *Daytime Senior Center class or activity T4ht 4 stP 0" Community Services Department Attendance Report for the Month of April 2002 Summary Sheet Program 2002 2001 Variance Sessions Per Month 2002 2001 Leisure Classes 215 48 167 15 4 Special Events 162 175 -13 6 6 20th Anniversary 6481 700 5781 11 1 Adult Sports 373 550 -177 18 12 Senior Center 2017 1630 387 130 91 Total 9248 3103 6145 180 114 Senior Services Senior Center 482 507 -25 13 12 Total 482 507 -25 13 12 Sports Complex Use LQ Sports & Youth 6,500 6000 500 30 25 Total 6,500 6000 500 30 25 Total Programs 1,623 9,610 6620 223 151 Volunteer Hours Senior Center 1071 8271 244 Community Services 194 0 194 Total Volunteer Hours 1265 827 438 Monthly Revenue Senior Center $ 4,928.00 $ 3,566.00 $ 1,362.50 Community Services $ 4,326.00 $ 2,639.00 $ 1,687.00 *20th Anniversary $ 5,000.00 $ - $ 5,000.00 Total Revenue $ 14,254.00 $ 6,205.00 $ 8,049.50 Revenue Year to Date Senior Center 1 $ 74,386.50 $ 52,960.50 $ 21,426.50 Community Services $ 61,654.00 $ 52,320.00 $ 9,334.00 Total Revenue to Date J $136,040.50 $ 105,280.50 $ 30,760.50 *Not included in Revenue Year to Date 334 (1fl2 Community Services Program Report for April 2002 2nn2 2nn2 2nni 2nni 2nn2 2001 Participants Total Participation Participants Total Participation Variance Sessions Sessions Leisure Classes Beginning Computers 8 8 10 20 -12 1 2 Hatha Yoga 20 100 14 28 72 5 2 Adobe Photoshop 9 9 0 0 9 1 0 Art of Painting 5 10 0 0 10 2 0 Intermediate Computers 8 16 0 0 16 2 0 Italian for Travelers 18 72 0 0 72 4 0 Totals 68 215 24 48 167 15 4 I I 2nn2 2nn2 2nn1 20n1 2002 2001 Participants Total Participation Participants Total Participation Variance Sessions Sessions Special Events Spring Break, Boomers 22 22 35 35 -13 1 1 Spring Break,Sports Day 22 22 35 35 -13 1 1 Spring Break, Park Party 22 22 35 35 -13 1 1 Spring Break, Movies 22 22 35 35 -13 1 1 Spring Break, Water Park 22 22 35 35 -13 1 1 Mexico Shopping Trip 52 52 0 0 52 1 1 Totals 162 162 175 175 -13 6 6 20th Anniversary Chamber Mixer 300 300 0 0 300 1 0 Multi -Gen Talent Show 227 227 0 0 227 1 0 Community Parade 725 725 0 0 725 1 0 Community Picnic 2,000 2,000 700 700 1300 1 1 Arts & Crafts Show 326 326 0 0 326 1 0 Cove Oasis Trail Hike 45 45 0 0 45 1 0 Cove Oasis Stargazing 100 100 0 0 100 1 0 Catfish Derby Kickoff 608 608 0 0 608 1 0 Gem of the Desert Run 150 150 0 0 150 1 0 Art Under the Unbrellas 400 400 0 0 400 1 0 Music & Fireworks 1,6001 1,6001 01 01 16001 11 0 Totals 1 6,4811 6,4811 7001 7001 57811 ill 1 ,7nn2 2nn2 2nni 2nnl 2002 2001 Participants Total Participation Participants Total Participation Variance Sessions Sessions Adult Sports Open Gym Basketball 93 93 70 70 23 16 8 Adult Soccer League 140 280 120 480 -200 2 4 Totals 1 233 373 190 550 -177 18 12 Recreation Totals 69441 72311 10891 14731 57581 50 23 J 3 Senior Center Attendance 2001 2001 e is ere ota is er ota eetm s artici an s farfficlpafflon farticipants Participation anance 2002 2001 Senior Activities ACBL Bridge 209 209 191 191 18 4 4 Bridge, Duplicate/Social 505 505 477 477 28 13 14 Dog Training, Complimentary 8 8 2 2 6 1 1 Ice Cream Social 20 20 40 40 -20 4 4 Knitting Guild Club 19 19 0 0 19 1 0 Monthly Birthday Party 27 27 41 41 -14 1 1 Monthly Luncheon 99 99 97 97 2 1 1 Movie Time 44 44 75 75 -31 6 8 Putting Contest 17 17 5 5 12 2 1 Senior Sports Day 60 60 0 0 60 1 0 Senior Activity Total 1,008 1,008 928 928 80 34 34 Senior Leisure Courses Ballroom Dance 17 48 11 17 31 4 2 Ceramics 12 42 13 34 8 4 3 Computer 21 49 0 0 49 111 0 CPR/First Aid Class 16 16 0 0 16 21 0 Dog Training Class 25 47 9 26 21 4 3 Exercise 53 412 51 431 -19 12 13 Knitting 3 12 0 0 12 4 0 Stained Glass 6 25 4 10 15 5 4 Watercolor 4 15 0 0 15 4 0 Yoga 21 46 0 0 46 4 0 Senior Leisure Courses Total 178 712 88 518 194 54 25 Senior Leisure Classes Arts and Crafts 37 37 0 0 37 5 0 Bridge Lessons 19 19 0 0 19 11 0 Computer Tutor 2 2 7 7 -5 21 7 Creative Writing 14 14 0 0 14 41 0 Golden Tones 76 76 88 88 -12 5 5 Line Dance 26 26 0 0 26 5 0 Quilting 33 33 20 20 13 4 4 Rug Hooking 10 10 15 15 -5 4 5 Tai Chi 21 21 11 11 10 4 3 Tap Dance 22 22 22 22 0 4 4 Woodcarving 37 37 21 21 16 4 4 Senior Leisure Classes Total 297 297 184 184 113 42 32 TOTAL SENIOR PROGRAMS 1,483 2,017 1,200 1,630 387 130 91 Senior Services A.A. R.P. "55 Alive" 28 28 38 38 -10 2 1 AARP Tax -Aide 36 36 20 20 16 2 2 Ambassadors 72 72 70 70 2 n/a n/a FIND Food Distribution 274 274 289 289 -15 41 5 Health Screenings 11 11 11 11 0 11 1 Hearing Consultation 3 3 3 3 0 11 1 I.I.D. Energy Assistance 32 32 52 52 -20 n/a n/a Legal Consultation 9 9 15 15 -6 1 1 Medicare/Hi Cap Consultation 14 14 7 7 7 n/a n/a Share Meetings/Sign-up 3 3 2 2 1 2 1 TOTAL SENIOR SERVICES 482 482 507 507 -25 13 12 SENIOR CENTER TOTAL 1,965 2,499 1,707 2,137 1 362 143 103 Page 3 3? a'� c DEPARTMENT REPORT: g 4'-C; ti C� OF T 9 TO: The Honorable Mayor and Members of the City Council FROM: Roy F. Stephenson, P.E., Interim Public Works Director/City Engineer DATE: May 21, 2002 RE: Public Works/Engineering Department Report for the Month of April 2002 Attached please find the following: 1. Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks. 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Yard/Building Repair/Maint. 16.5 18.0 34.5 1085 Seminars/Training 5.0 16.0 21.0 1086 Special Events 34.0 10.0 4.0 10.0 58.0 1087 Emergency/Citizen Complaint/Requests 28.0 16.0 4.0 48.0 1088 Meetings 16.0 11.0 4.0 24.0 55.0 1089 Office (Phone calls, counter, paperwork, reports, and N isc.) 17.0 21.0 67.0 44.0 149.0 Subtotals 581.0 150.0 450.0 152.0 1,333.0 1091 Over Time (Washington St. pot holes repairs) 21.0 21.0 1092 Over Time ( Soap Box Derby) 12.0 4.0 12.0 28.0 1093 Over Time ( City's 20' Year Anniversary) 28.0 10.0 18.0 5.0 61.0 1095 Sick Leave 35.0 8.0 8.0 51.0 1096 Vacation 24.0 8.0 16.0 1097 STD (Short Term Disability) (George) 160.0 160.0 Subtotals 99.0 22.0 235.0 13.0 369.0 TOTAL HOURS 680.0 172.0 685.0 165.0 1,702.0 TOTAL MILES 2,533 661 1,320 246 4,470. �o 007 DEPARTMENT REPORT: CITY OF LA Q UINTA POLICE DEPARTMENT MONTHL Y REPORT APRIL 2002 • Residential and vehicle burglaries show a decline the first quarter. • Injury traffic collisions up slightly. • Increased enforcement efforts implemented on Hwy I I I Corridor. • Arrests continue in the Burglary Suppression Program. 34,E City of La Quinta La Quinta Police Department Captain John Horton, Commanding April 2002 Highlights (Numbers in parenthesis denotes number of calls for service that day) Monday. 04-01-02 (69): Shoplift @ Wal-Mart. A seventeen -year -old male from Indio was arrested and released to his parents. Dep. Hughes. Purse Snatch @ Automobile Club Parking Lot. Miriam Noonan (86yrs) had her purse stolen while she was getting into her car. The suspect is a Hispanic Male in his early twenties 57', 1401bs, clean- with short hair. LSW: Dark T-shirt and black pants. Dep. Celaya Tuesday, 04-02-02 (63): Unattended in the 51000 block of Calle Obispo, James Audrey Vowell, 52 yrs, Coroner responded to scene Traffic collision @ Washington and Channel, primary collision factor red light violation. Miguel Gutierrez, 09/28/80 and Jose Gutierrez, 10/23/81, both of Thermal were arrested @ Wal-Mart for shoplifting. Wednesday, 04-03-02 (66): Oral copulation @ the 51000 block of Ave. Velasco, victims were (2) females ages (7 yrs) and (I I yrs), suspect is their grandfather, UTL, an on going problem for the past (3) yrs.. Earl Daniel Silver, 09/30/48, of La Quinta, arrested at the 46000 block of Washington for 11 outstanding warrants and public drinking and liquor possession. Michael Roger Hall, 48 yrs , of Palm Desert arrested for driving under the influence of alcohol @ Hwy I I I and Jefferson. Thursday, 04-04-02 (60): Tina Marie Balderas, 07/05/72, of Indio arrested for shoplifting @ Wal-Mart. Traffic collision @ Hwy I I I and Plaza, Primary collision factor unsafe speed. Burglary (Resd.) @ the 51000 block of Ave Bermudas, forced entry through front door, taken was a Ruger 41 Mag Handgun, unk serial number, occurred between 1500 and 2120 hrs. Friday. 04-05-02 (72): Cesar Raul Palacio, 08/12/79, arrested for spousal abuse, willful harm or injury to a child, unlawfully and maliciously take down, removes, injures, or obstructs any line of telegraph, telephone, or cable television or any other line used to conduct electricity, terrorist threats and assault with a deadly weapon @ the 46000 block of Washington St. # 3 Angel Mesa, 51 yrs, arrested for DUI @ Ave 52 and Jefferson. 3 4:� Michael Wild, 07/11/62, arrested for spousal abuse in the 51000 block of Ave Herrera after his wife took his beer from him. Saturday, 04-06-02 (51): Warrant Service in the 51000 block of Calle Guatemala. Maria Sanchez (30yrs) was cite released at the scene during a parole search. Dep. Mortis. Felon in Possession of a Firearm. During a parole search in the 51000 block of Calle Guatemala a .357ca1 Colt Python was found under the bed of parolee Francisco Sanchez (25yrs). Dep. Monis. Sunday, 04-07-02 (43): D.U.I. @ Ave 50 X Eisenhower. Joel Lippert (41yrs / of Oklahoma) was taken into custody after driving about 100 mph down Ave. 50 in anew Porsche. Dep. A. Smith. Assault in the 44000 block of Occotillo. Richard Mesa (18yrs) came home drunk and became physical with his father when he refused to give Mesa the car keys. After being taken into custody he remained combative and attempted to bite deputies. Dep. Smith. Monday, 04-08-02 (64): Shoplift @ Wal-Mart. Cynthia Pricilla Pugal (20yrs /of Coachella) was cite released for shoplifting numerous items of clothing. Dep. Orr. Corporal Injury to Spouse in the 79000 block of Hwy 111. Charlotte Davis (32yrs / of Palm Desert) was booked at Indio jail after scratching victim Joe Farmer (43yrs / of Beaumont) across the face with her fingernails. Dep. Coleman Shoplift @ Wal-Mart. Ariel Nunez (34yrs / of La Quinta) was cite released. Dep. Spier. Tuesday, 04-09-02 (52): Spousal abuse @ Hwy I I I and Dunes Palms, Patrick Ortiz, 29 yrs struck his girlfriend on the nose and pushed her, suspect was GOA when Deputies arrived at the scene. Francis Serra, 07/11/67, of Indio arrested for shoplifting @ Wal-Mart. Wednesday, 04-10-02 (44): Traffic collision @ Hwy I I I and Dunes Palms, PCF failure to pursed at a green light. Traffic collision @ Washington and Eisenhower, PCF improper backing. Thursday, 04-11-02 (47): Burglary (Resd.) in the 51000 block of Ave Diaz. Taken were three shotguns from a bedroom closet, no forced entry. Ruben Rojo, 07/31/71, arrested for spousal abuse and terrorist threats in the 53000 block of Ave Mendoza. Johnathan Lakes, 07/30/75, was arrested for spousal abuse in the 51000 block of Calle Guatemala. Edward Boyce, 01/20/54, arrested for shoplifting (Comm) @ Wal-Mart. 34r1 Friday, 04-12-02 (60): Grand theft in the 49000 block of Eisenhower Dr., taken was a NEC, LCD Projector from a storage room @ La Quinta Resort. Vehicle theft in the 49000 block of Eisenhower Dr, La Quinta Resort, unlocked vehicle with spare key in center console. Petty theft in the 78000 block of Calle Felipe, taken was an AM/FM stereo CD player face plate from unlocked vehicle. Gabriel Anaya, 02/28/50 arrested for spousal abuse & for unlawfully and maliciously take down, removes, injures, or obstructs any line of telegraph, telephone, or cable television or any other line used to conduct electricity warrant @ Red Robin. Petty theft @ the 53000 block of Eisenhower, taken was $10.00 cash from unlocked vehicle. Grand theft @ Indian Springs CC, taken was an EZ -Go golf cart. Saturday, 04-13-02 (44): D.U.I. Collision @ Eisenhower X Coachella Dr. Jose Desanti (22yrs / Desert Hot Springs) collided with curb. His B.A.C. was .11 /.13. Dep. Hernandez. Sunday, 04-14-02 (48): No Significant Activity. Monday, 04-15-02 (58): Unattended Death @ 53-160 Ave. Juarez. William Mortz ( 54yrs) had a history of heart disease. Dep. Brewster. Tuesday, 04-16-02 (49): Child Molestation in the 53000 block of Ave. Mendoza. Father walked into residence and caught his fourteen -year -old son in the act of fondling his five -year -old stepsister. C.P.S. responded and fourteen -year - old has been removed from residence. M.D.I.T. interview being arranged by investigations. Inv. Ben Ramirez handled. Arrest Warrant Service @ the 53000 block of Ave. Herrera. The La Quinta SET Team arrested Cory Sheppard (32yrs) at his residence for a narcotic warrant. Wednesday, 04-17-02 (82): Verna -Jean Cams, 11/23/30, in the 53000 block of Ave Alvarado had a loaded handed and stated that she wanted to kill herself, she was taken for mental illness. Vandalism in the 53000 block of Eisenhower where suspects shot paint balls @ parked vehicles between 1930 and 2220 hrs. Julianna Vicuna, 07/21/82, of Indio was arrested for shoplifting @ Wal-Mart. 34� Noe Medina, 11/17/77, of Coachella was arrested for spousal abuse, terrorist threats and vandalism, after striking his girlfriend in the face and threatening her friend @ the 46000 block of Dunes Palms #74. Thursday, 04-18-02 (65): Quentin Gray Evans, 08/26/73, arrested for unauthorized cultivation, harvesting or processing and poss. of a controlled substance warrant during robbery/ theft prevention program Inv. Tate from SIB advised he received information of a chemical smell near apt #25 @ Tampico and Eisenhower. Friday, 04-19-02 (57): Grand theft (Veh) @ the 54000 block of Ave Herrera between 2100 and 0700, taken was an IBM ThinkPad laptop; Palm Pilot III-C and a brown briefcase. Rollover T/C minors injuries @ Ave 52 and Cetrino, PCF failure to maintain a straight course of travel. Socorro Valenzuela, 05/29/46, was arrested for public intoxication @ Eisenhower and Calle Tampico. Rodney Duane Barton, 08/13/62, arrested for embezzlement @ Wal-Mart. Aldo Dario Marciel, arrested for shoplifting @ Wal-Mart. Saturday, 04-20-02 (50): Unattended Death in the 79000 block of Kaye. David Currier (69yrs) was found in his residence by his wife. Dep. Reynolds. Mentally disabled. in the 54000 block of Riviera. Joy Heveron (59yrs) tried to kill herself with sleeping pills and was taken to Desert Hospital. Dep. Reynolds Sunday, 04-21-02 (36): No Significant Activity. Monday, 04-22-02 (54): Public Intoxication @ the 53000 block of Ave. Villa. Jason Trujillo was arrested outside his residence during a verbal altercation with his wife. She had injuries but claimed she fell. Dep. Burbach. Tuesday, 04-23-02 (50): Burglary @ Ralphs Grocery Store 50-929 Washington. Ralph Puchi (18yrs / of Indio) was booked at Indio Jail for theft of beer. His brother Joseph Puchi (20yrs) is still outstanding. Dep. Swan. Wednesday, 04-24-02 (49): Traffic Collision @ Calle Colima and Ave. Herrera, D-2 and a passenger sustained injuries to their knees and arms and were transported and released @ JFK. PCF: running stop sign. John Mitchel, 09/13/64 was arrested for an poss. of a controlled substance warrant and was found in possession of .5 grms of marijuana; a syringe (4140 B&P); and a meth pipe @ Calle Obispo and Calle Tampico Richard Brown, 43 yrs of La Quinta was arrested for DUI-T/C @ Colima and Eisenhower. Thursday, 04-25-02 (69): Petty theft from unlocked vehicle @ the 51000 block of Ave Rubio, taken were golf clubs. Burglary (Resd.) in the 51000 block of Eisenhower St., between 1135 and 1730 hrs. Taken was a Sony camcorder; a wallet, jewelry and watches. Johnny Alvarez, 03/06/73, of La Quinta. attempted to hang himself in his garage with an electrical wire. He was taken as mentally disabled. Friday, 04-26-02 (65): Jose Estrada of Indio arrested for public intoxication @ Truman Elementary School while passed out behind the wheel of his pick-up with an open beer can on his lap. Estrada was waiting to pick up his children at school. Florencio Herrera, 33 yrs, of Indio was arrested for shoplifting @ Wal-Mart. Joel Berman, 19 yrs, of Indio was arrested for shoplifting @ Wal-Mart. Burglary (Resd) in the 52000 block of Ave Carranza, between 1630 and 1700 hrs, taken was a gas powered weed -eater from the garage, suspect was seen driving away in a maroon colored Dodge truck. Saturday, 04-27-02 (59): No Significant Activity. Sunday, 04-28-02 (61): Robbery @ Wal-Mart. Fernando Villegas (51yrs / of Indio) was booked at Indio jail after during the course of shoplifting he attacked the door greeter who attempted to stop him. Dep. Reynolds. Shoplift @ Wal-Mart. Leann Schigas (18yrs /of Indio) was arrested. Dep. Hernandez. Monday, 04-29-02 (51): Vandalism @ Jack in the Box. Six Hispanic male juveniles' ages ranging from 9-12 yrs were arrested for writing graffiti on the cement wall north of Jack in the Box. Tuesday, 04-30-02 (35): Shoplift @ Wal-Mart. Margaret Pauline Carter (81yrs / of La Quinta) was arrested and cite released after stealing an eye lash brush worth $3.97. Dep. Quintero. D.U.I. Collision @ Ave 52 X Desert Club. Elena Lopez (40yrs / of La Quinta) was arrested after making a left turn in front of an oncoming vehicle. Her B.A.C. was .18. Dep Ely. Total calls for service: 1675 349 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT April 2002* SCHOOL: LA QUINTA HIGH SCHOOL Deputy Stephen Morton HIGHLIGHTS: • Three students were arrested and cited for truancy violations. • An anonymous report of drug activity led to the arrest of one student and the confiscation of prescription drugs. The student was arrested and expelled from school. • Along with the District Attorneys Office and the Probation Office, conducted home visits reference truant students and participants in the Youth Accountability Program. • Conducted follow-up investigations on reports from patrol Deputies. • Counseled students that violated school rules, which were not violations of state law, but serious enough to warrant discussing the incident as a preventative measure. • Assisted the school staff with several incidents of medical aids, inappropriate behavior and comments made by one student to another. • I conducted investigations and documented incidents that occurred on or off campus, to the school bus, which ranged from fights, possible sexual battery, vandalism, and truancy. Actual reporting period covers April 8, 2001 through April 26, 2002. 303 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT April 2002* SCHOOL: LA QUINTA MIDDLE SCHOOL Deputy: Robert Brooker RSO Grant Funded Position School Session: April 1st, 2002 through April 26th, 2002. HIGHLIGHTS: • This period of time started during Spring Break. I sat on the panel of SARB hearings at the DSUSD office and assisted Dr. Jones in presenting his case in an expulsion hearing. I also attended the Coachella Valley Youth intervention Team meeting. • Conducted follow-up investigations on reported runaway juveniles. • I assisted the school staff with several incidents of medical aids, inappropriate behavior, sexual harassment and name-calling. • Counseled students that violated school rules, but were not violations of state law. • I conducted investigations and documented incidents of incorrigible and runaway juveniles and disturbance on school grounds. I assisted investigations in arresting a suspect with an extraditable warrant for an Arizona custody issue and recovered the children so they can be returned to Arizona. I arrested a parent for public intoxication who passed out in his car while waiting to pick up his children from school. 35' LA QUINTA POLICE MOTORCYCLE ACTIVITY REPORT PROGRAM STATISTICS APRIL 2002 Speed Violations 66 Lane Change Violation Fail to Yield Seat Belt Violations Turning Violations DUI Arrests Stop Sign Violations 3 Cut Traffic for Citation Signal Light Violations 11 Cut Traffic for Collision Prepared By: Deputy Dave Adams Tows C� Injury T/C C� C� Non -Injury T/C 77 Suspended DL C� Non -Moving 18 3hild Seat Violations E� Warnings L 17 J Fatal T/C 0 1 HIGHLIGHTS 041102- Non -injury collision at Miles x N. Hardland. PCF 22350 CVC. 041902 - Non -injury collision at Adams St and Ave. 47. PCF 21802(a) CVC. 042002 - Non -injury collision at Washington St. (construction. zone) and Hwy 111. PCF 22106 CVC. 042502 - Non -injury collision at Ave. 50 west of Jefferson St. (construction. zone). PCF 21367(c) CVC. 042702 - Participated in 20th Anniversary Celebration Parade. 354 La Quinta Police Department Special Enforcement Team Monthly Report April 2002 Detective Aaron Eller, Deputy James Armstrong and Deputy Matthew Jimenez The following is a summary of the Special Enforcement Team activities for the month of April. Ongoing Investigations Parole Searches Vehicle checks Investigation assists Arrest Warrants Attempted Pedestrian Checks Bar Checks Follow-ups Meetings Citations issued Property Checks Bicycle Time Illegal Drugs Seized Total Mileage:140 miles 1 Probation Searches 0 0 Arrests/ Filings 11 8 Business Contacts 20 7 Arrest Warrants Served 12 15 Programs 2 10 Crime Prevention Hours 12 0 Back-ups 7 2 Search Warrants 0 1 Recovered Stolen Property 0 1 Surveillances 7 0 Civil Commitments 0 46 Training Hours 40 0.9 grams (Meth) Noteworthy Accomplishments: La Quinta Special Enforcement Team arrested Dino Moreno, at the Trump 29 Casino, after numerous hours of surveillance as part of the ongoing Burglary Suppression Program. Six other subjects were arrested with Moreno for violations ranging from out of state fugitive warrants, to local felony warrants and possession of illegal narcotics. Additional patrol has been continued through the use of bicycle in the area of Washington St. and Hwy 111 to further increase law enforcement visibility. Members of the La Quinta Special Enforcement Team received training in the area of bicycle patrol. 3J r- LA QUINTA POLICE DEPARTMENT SPECIAL ENFORCEMENT TEAM BURGLARY SUPPRESSION PROGRAM SIXTY- DAY RE -CAP In January, 2002, the La Quinta Special Enforcement Team wrote and implemented the Burglary Suppression Program for the City of La Quinta to combat the significant increase in burglaries. This program was fully put into place around the first of February. The following is a sixty-day re -cap of the success of this program. Total number of arrests — 29 Search warrants served - 4 Recovered property value — Approximately $80,000.00 (Includes tools, laptop computers, jewelry, cellular phones, power tools, miscellaneous electronic equipment and one vehicle). Numerous cases have been filed and are active with the Indio District Attorney's Office. One subject has already pled guilty and has received a year County Jail time. Another primary suspect, who during interview admitted to committing approximately 200 burglaries in the Coachella Valley (approx. 75 in La Quinta), was convicted of burglary and possessing stolen property and received seven years in State Prison. This program has involved cooperative efforts with a number of other agencies or bureau's. These include CVNTF, PSNTF, SIB East, Palm Desert Target Team, CCAT, Indio Police Department and RSO — Indio Investigations. The Crime Analyst has reviewed our statistics for the first three months of this year and last year. This review reflects that vehicle burglary has dropped by 30% this year alone. Garage burglaries, compared to the same numbers this time last year is down by 50%. Our residential and commercial burglaries remain about the same. Our program has attacked this issue on several fronts. This includes the printed media, flyer handout and citizen contact, placement of extra patrol units on the street, public presentations to Gated Community Security, and directed enforcement by the Special Enforcement Team. 35 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT INDIO STATION 82695 Dr. Carreon Blvd. Indio, California 92201 April 2002 Explorer Post 503 Program Report Submitted by Explorer Post Advisor Andy Gerrard Twelve Explorer Post 503 Explorers and 2 advisors competed in the 2002 Colorado River Explorer Competition at Moabi Park from April 10-14. Thanks to expert coaching by Jennifer Richards, Post 503 Explorers beat 4 other Explorer Posts (including the Los Angeles Police Department) in the tug-of-war competition to earn the 6th place overall trophy. Post 503 Explorers did a great job in the Marijuana Field Raid event to come away with an impressive 3rd place trophy. I earned 2"d place in the advisor biathlon (running and canoeing). Regular training meetings were held on April 2, 9, 16, 23, and 30. The training meetings covered the following topics: 1) Felony stop instruction and practice, 2) Marijuana field raid training, 3) Physical training, 4) Tug-of-war practice, 5) Handcuffing, 6) Fingerprinting, and 7) Ten and 11 code training. Deputy Sarah Bautista and Retired Deputy Luis Bautista coordinated the felony stop training. Investigator Tuey Paiyarat and Retired Deputy Luis Bautista did a great job instructing Post 503 Explorers in the marijuana field raid training. Jennifer Richards handled the tug- of-war training. Explorer Post 503 Captain Andres Martinez and I led the physical training. Investigator Aaron Eller coordinated the handcuffing class. Indio Station forensics personnel did the fingerprinting instruction. Andres Martinez handled the 10 and 11 code instruction. Some Explorer Post 503 Explorers volunteered at the April 27 Coachella Day of the Child event. 35 CITY OF LA QUINTA CRIME STATISTICS SUMMARY MARCH 2O02 35(-') CITY OF LA QUINTA MARCH CRIME COMPARISONS CRIME MARCH 2002 MARCH 2001 YTD (02) YTD (01) *HOMICIDE 0 0 0 1 *RAPE 1 .1 2 3 SEX CRIMES (FEL) 0 0 1 0 SEX CRIMES MISD 3 1 4 3 ROBBERY 2 2 6 2 ASSAULT(FEU 9 12 33 21 ASSAULT MISD 19 29 48 57 BURGLARY 49 49 157 151 *VEHICLE THEFT 15 8 37 21 *THEFT (FEL) 30 33 85 65 THEFT MISD 57 36 150 106 VANDALISM MISD 33 34 75 73 DOM. VIOLENCE 13 19 36 42 I` A 'O'; ICS 9 9 29 33 DUI 12 11 33 22 T/C NON -INJURY 78 65 164 134 T/C INJURY 7 3 16 10 T/C FATAL 0 0 0 2 TRAFFIC CITATIONS 312 385 989 1029 * STATISTICS INCLUDE ATTEMPTS 7 N V- c7 N N Q Q CL w ti i O U O F- z w N r a Q N N O0 F- F- ■ Dj I I I 1 I L I I I I Y I I 1 I M I I W I I I I I I I I I I I I I I I I 1 N I I I I I I I 1 1 I I I I c 'l �+I 1 I I I I i Imo_ I 1 I I I� AA I� 1� tC) e- , I I I 1 I I I I I I I I 1 N I I I I I I I 1 I I I I I I ♦/ I I I I 1 I 1 I 1 I I I 1 N I I I I I I I 1 I I I I I I I I I I I I I I I I I I i I I I I 1 I I I I I I I I I I I I I I I I I I I 1 I I I I I I 1 I I I I I I I I I I I 1 1 I I I Q I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I 1 I I I I I I I 1 1 1 I I I I I I I I I I I I 1 1 1 I I I I 1 I I I I I I I I I I I I I I I 1 I 1 I I I I I 1 N I I I i 1 I I I I I I I I I I 1 1 I I I I I I I I 1 I 1 I 1 I i I 1 ( I 1 i I I I I I I w w x x 7 D m U. Q w m LL_ w m U O m 0 w (0 It N N r r r r r H :1 r� w 0 U_ 0 353 F- z w Q CL w 0 a z a e w 7�� N T- C7 o C) C7 N N r ;00 Ca 00 o 0 M N M N N m w _ O w 11'6J *° Q C) C) C) 0 O L J O to N t— T- 36 is c ra 0 s F- 0 Nt M N r- O 3601 z w CL w 0 O 0 0 to d" M N 364 CITY OF LA QUINTA DISPATCH INFORMATION / MARCH 2002 TYPE OF CALL RESPONSE TIME MINUTES NUMBER OF INCIDENTS EMERGENCY 1 5.2 ROUTINE 1115 *STATS TAKEN FROM RIVERSIDE CO. SHERIFF DATA WAREHOUSE RESPONSE TIME REPORT 36,.E T4ht 4 XP Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE:May 21, 2002 CONSENT CALENDAR: STUDY SESSION: Continued Public Hearing to Certify a Mitigated Negative Declaration of Environmental Impact for PUBLIC HEARING: Environmental Assessment 2001-418, General Plan Amendment 2001-077, Zone Change 2001-100 to Change the Land Use Classification and Zoning Designation to Low Density Residential Within the City of La Quinta Sphere of Influence for Subsequent Annexation for Approximately 200 Acres, Bounded on the North by Avenue 52, East by Monroe Street, South by Avenue 53, and East of the Existing City Limits. Applicant: NRI-La Quinta Limited Partnership, LLC RECOMMENDATION: Continue the Public Hearing to June 18, 2002. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The applicant is requesting the public hearing be continued to June 18, 2002 as contained in the attached letter (Attachment 1). Staff will re -advertise and distribute the public hearing notice pursuant to Code prior to the June 181h meeting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Continue the Public Hearing to June 18, 2002; or 36� P:\JERRY\CC-co.-club-deseret-continuence2-19-02.wpd 2. Do not continue the Public Hearing to June 18, 2002; or 3. Provide staff with alternative direction. Respectfully submitted, -ry Herdnan mmunity Development Director Approved for submission by: O Thomas P. Genovese, City Manager Attachment: 1. Letter dated May 16, 2002 from Nancy Aaronson, NRI-LQLP Land, LLC 3� 002 PAJ ERRY\CC-co.-club-deseret-continuence2-19-02.wpd Mi )`-15-2002 03:30P FROM: 1 ATTACHMENT #1 UNTRY CLUB :vyr T 1 1 r DESERT 7, v n'q( P d ? n n n May 16, 2002 Jerry Herman l)ircc,tor of Community .Development City of La Quints 78-495 Calle Tampico La Quinta, CA 92253-1504 Re: NRI-I,QLP Land, LLC Pre -Zoning ).Hearing — 200 Acre Annexation to the City of La Quinta Dear Jerry: Per our conversation, we believe it to be in the interest of all parties concerned to continue the above item scheduled for the City Council on May 2 It', to instead be heard at the City Council meeting of June 18, 2002. Thank you. Sincerely, NRT-LQLP Land, LLC Nancy Aar so 004 M 760 777-7400 TAx 760 i 9R .5788 - P 0. Box 1540.80349 Village Oub Driw * Li Quinta • C:a1iforniu 2 5 3 05-15-02 14:41 RECEIVED FROM: P-01