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2002 07 02 CCT4ht 4 4a Q" 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, July 2, 2002 - 2:00 p.m. I. CALL TO ORDER Beginning Res. No. 2002-100 Ord. No. 375 ROLL CALL: Council Members: Adolph, Henderson, Perkins, Sniff, Mayor Pena II. PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. III. CLOSED SESSION - NONE 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. IV. PLEDGE OF ALLEGIANCE RECONVENE 3:00 P.M. 001 City Council Agenda Page 1 July 2, 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 1. COACHELLA VALLEY WATER DISTRICT PRESENTATION OF LA QUINTA COVE RESERVOIR CONSTRUCTION PROJECT. Vill. WRITTEN CORRESPONDENCE 1. LETTER FROM THE BOARD OF DIRECTORS OF THE VILLAS OF LA QUINTA. 2. LETTER FROM MAYOR WILLIAM G. KLEINDIENST OF THE CITY OF PALM SPRINGS REGARDING ASSISTANCE IN THE PURCHASE OF ART PIECES TO BE LOCATED IN THE PALM SPRINGS INTERNATIONAL AIRPORT. IX. APPROVAL OF MINUTES 1. MINUTES OF A SPECIAL MEETING HELD ON JUNE 5, 2002. 2. MINUTES OF THE REGULAR MEETING OF JUNE 18, 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 JULY 02, 2002. 2. DENIAL OF CLAIM FOR DAMAGES FILED BY THE GAS COMPANY - DATE OF LOSS: MARCH 19, 2002. 3. APPROVAL OF CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA CHAMBER OF COMMERCE FOR FISCAL YEAR 2002/2003. City Council Agenda Page 2 July 2, 2002 4. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR AMENDED TRACT 30125-1, SEDONA HOMES, INC. 5. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR AMENDED TRACT 30125-2, SEDONA HOMES, INC. 6. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 30420, CENTRE AT LA QUINTA, STAMKO DEVELOPMENT COMPANY. 7. AUTHORIZATION FOR THE CITY MANAGER TO SIGN A CONTRACT EXTENSION FOR ONE YEAR WITH HILTON FARNKOPF & HOPSON, LLC FOR AB 939 SERVICES FOR FISCAL YEAR 2002/2003. 8. APPROVAL OF A POSITION DESCRIPTION FOR AN ASSISTANT CITY ENGINEER. 9. APPROVAL OF AMENDED CONTRACT FOR LEGAL SERVICES WITH RUTAN AND TUCKER, LLP. 10 AUTHORIZATION FOR OVERNIGHT TRAVEL TO THE 2002 PGA FALL EXPO TO BE HELD IN RENO, NEVADA FROM JULY 31, 2002 TO AUGUST 3, 2002. XI. BUSINESS SESSION 1. CONSIDERATION OF A FACILITY USE REQUEST BY THE COACHELLA VALLEY RECREATION AND PARKS DISTRICT FOR USE OF THE FRITZ BURNS TRAILER. A. MINUTE ORDER ACTION 2. CONSIDERATION OF THE CULTURAL ARTS COMMISSION'S WORK PLAN FOR FISCAL YEAR 2002/2003. A. MINUTE ORDER ACTION 3. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 372, AN ORDINANCE APPROVING ZONE CHANGE 2001-100 TO LOW DENSITY RESIDENTIAL FOR APPROXIMATELY 200 ACRES BOUNDED ON THE NORTH BY AVENUE 52, ON THE EAST BY MONROE STREET, ON THE SOUTH BY AVENUE 53, AND EAST OF THE EXISTING CITY LIMITS. APPLICANT: NRI LQLP LAND, LLC. A. ADOPT ORDINANCE NO. 372 ON SECOND READING 4. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 373, AN ORDINANCE TO ALLOW ASSIGNING OF PRE -ANNEXATION ZONING OF APPROXIMATELY 640 ACRES LOCATED BETWEEN AVENUE 60 AND AVENUE 62, MADISON STREET AND MONROE STREET. APPLICANT: SHEA HOMES. A. ADOPT ORDINANCE NO. 373 ON SECOND READING 003 City Council Agenda Page 3 July 2, 2002 5. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 374, AN ORDINANCE AMENDING THE LA QUINTA MUNICIPAL CODE TO ADD SECTION 9.50.055, SECOND FLOOR ADDITION WITHIN AN EXISTING UNIT IN THE RVL AND RL ZONES. A. ADOPT ORDINANCE NO. 374 ON SECOND READING. XII. STUDY SESSION DISCUSSION OF CITY'S ADOPTED FISCAL YEAR 2002/2003 MARKETING PLAN Continued from the meeting of June 18, 2002. XIII. REPORTS AND INFORMATIONAL ITEMS 1 . CITY COUNCIL AD HOC COMMITTEE REPORTS 2. CVAG COMMITTEE REPORTS 3. CHAMBER OF COMMERCE WORKSHOP/INFORMATION COMMITTEE (SNIFF) 4. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 5. C.V. MOUNTAINS CONSERVANCY (SNIFF) 6. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON) 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 MINUTES DATED MAY 8, 2002 16. CULTURAL ARTS COMMISSION MINUTES DATED MAY 9, 2002 XIV. DEPARTMENT REPORTS CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENT 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DIRECTOR 5. COMMUNITY DEVELOPMENT 6. COMMUNITY SERVICES DIRECTOR A. UPDATE REGARDING ART PIECE DONATION BY SANTA FE CORPORATION 7. FINANCE DIRECTOR 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER 9. POLICE CHIEF 10. FIRE CHIEF XV. MAYOR AND COUNCIL MEMBERS' ITEMS 1. A DISCUSSION OF THE SCHOOL SITE PROPOSED BY THE DESERT UNIFIED SCHOOL DISTRICT AT THE CORNER OF EISENHOWER DRIVE AND CALLE TAMPICO. (REQUESTED BY MAYOR PRO TEM SNIFF) 004 City Council Agenda Page 4 July 2, 2002 RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. XVI. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak form" and limit your comments to three (3) minutes. Please watch the timing device on the podium. XVII. PRESENTATIONS - NONE XVIII. PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. 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 project(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. 1. PUBLIC HEARING ON WEED ABATEMENT/LOT CLEANING ASSESSMENTS FOR PLACEMENT OF 2002/2003 PROPERTY TAX ROLL. A. RESOLUTION ACTION 2. PUBLIC HEARING ON LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, FISCAL YEAR 2002-2003 AND ADOPTION OF A RESOLUTION CONFIRMING THE DIAGRAM AND ASSESSMENT FOR LANDSCAPE AND LIGHTING DISTRICT 89-1, FISCAL YEAR 2002/2003, PURSUANT TO THE ENGINEER'S REPORT. A. RESOLUTION ACTION 3. PUBLIC HEARING ON: 1) CERTIFICATION OF AN ADDENDUM TO A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 99- 389; 2) REPEAL OF SPECIFIC PLAN 99-040; AND 3) TENTATIVE TRACT MAP 29323, A REQUEST FOR A MAP AMENDMENT AND TIME EXTENSION FOR A 349 LOT SUBDIVISION ON t 117 ACRES, LOCATED AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND JEFFERSON STREET. APPLICANT: CORNERSTONE DEVELOPMENT. A. RESOLUTION ACTION XIX. ADJOURNMENT Adjourn of the to the regularly scheduled City Council Meeting to be held July 16, 2002, at 2:00 p.m in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253, commencing with closed session items at 2:00 p.m. and open business session at 3:00 p.m. 005 July 2, 2002 City Council Agenda Page 5 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, July 2, 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, June 28, 2002. DATED: June 28, 2002 JUN S. 6REEK, CIVIC 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, twenty-four (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 for distribution. 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. M M ti City Council Agenda Page 6 July 2, 2002 NN ATE q ESTABLISHED IN 1918 AS A PUBLIC AGENCY PRESENTATIONS: O�STRIG� COACHELLA VALLEY WATER DISTF#��,', ETaT. POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (760) 398-2651 DIRECTORS OFFICERS JOHN W. McFADDEN, PRESIDENT THOMAS E. LEVY, GENERAL MANAGER -CHIEF ENGINEER RUSSELL KITAHARA, VICE PRESIDENT BERNARDINE SUTTON, SECRETARY PATRICIATELLIAL MANAGER C A. L AS June 6, 2002 STEVEN B. ROBBINREDWINE AND SHERRILS, ASSISTANT TO L, ATTORNEYS PATRIA. CARBON PETER NELSON File: 0423.54 Tom Genovese, City Manager City of La Quinta Post Office Box 1504 La Quinta, California 92253 Dear Mr. Genovese: The district would like to provide a 10-minute informal presentation to discuss an upcoming 10-million gallon reservoir construction project in the City of La Quinta's cove area. The district is requesting to present this information to both the city's planning commission and the city council. If there is a joint study session between the city's Planning Commission and the city council scheduled within the next few months, we would prefer to present this information to both parties at that time. If there is not an upcoming joint study session and, if appropriate, we would like to present this information at the city's proposed city council meeting on July 2, Please contact Carrie Oliphant, project engineer, extension 268, with the appropriate time and place to present this information to the city council. CO: j 1\eng\dom\j un\genoves e Yours very truly, �) �il�`�' 47 Tom Levy General Manager -Chief Engineer 007 TRUE CONSERVATION USE WATER WISELY June 14, 2002 City of La Quinta City Manager City Council Members RE: July 2, 2002 council meeting Dear City Manager & Council Members; WRITTEN CORRESPONDENCE ITEM: L5�tud�- F CITY Attached please find material addressing a request for a continuation of the sound wall being built at Montero Estates to encompass The Villas of La Quinta. The Board of Directors of the Villas of La Quinta respectfully request that you add this item to the "written correspondence" portion of the agenda for the July 2, 2002 city council meeting. If you require additional information prior to the meeting, please feel free to contact me at 564-5073. Respectf9fly, 4 Charlie Coulter Board Member Villas of La Quinta 008 June 14, 2002 City of La Quinta Honorable Mayor: John Pena Council Members: Stanley Sniff Donald Adolph Tent' Henderson, Ron Perkins Re: Sound wall for Villas of La Quinta on Washington St. Dear Council Members; We, the residents of Villas of La Quinta, respectfully request that the City of La Quinta continue the sound wall currently being installed at the Montero Estates just south of us on Washington, along our property line terminating at the intersection of Washington and Eisenhower. The overwhelming majority of homeowners in our association have voted in favor of a traffic noise barrier. The Board has collected signed requests from these homeowners for a sound wall and burm. (Please see attached list) The ever-increasing traffic noise has all but rendered our courtyards useless. Even inside our homes with doors and windows closed, we can still hear the rumble of the steady stream of traffic along Washington. Our use of the quiet enjoyment of our property has been severely damaged by the increased traffic noise due to the expansion of Washington St. and the continued growth of our city. In talking to local Real Estate Brokers, we have been told that the traffic noise has severely affected our property values. We believe the sound wall would offer a significant noise reduction to our property and that a continuous wall on Washington between 50t' and Eisenhower would be aesthetically appealing. If you have any questions, please feel free to call me at 564-5073. Thank you, for your consideration. Respectfully, Charlie Coulter Board Member Villas of La Quinta HOA 009 002 THE FOLLOWING VILLAGE OF LA QUINTA HOMEOWNERS HAVE SIGNED A PETITION FOR A SOUND WALL ON WASHINGTON ST. BETWEEN MONTERO ESTATES AND EISENHOWER: 1. 48755 Washington St. Mr. & Mrs. William Bierek 2. 48795 Washington St. Mr. & Mrs. James Thompson 3. 48811 Washington St. Mr. & Mrs. Lloyd Lederer 4. 48835 Washington St. Mr. & Mrs. Glen Coulter 5. 48851 Washington St. Mr. & Mrs. James Mitchell 6. 48875 Washington St. Mr. & Mrs. David Offutt 7. 48891 Washington St. Mr. James Fuller & Ms. Linda Fuller 8. 48905 Washington St. Ms. Judy Huss 9. 48911 Washington St. Dr. David Lamey & Mrs. Janet Phelps 10.48915 Washington St. Mr. Douglas McCool & Ms. Diane Doherty 11. 48921 Washington St. Mr. Steven Morrison & Mr. Michael McGinley 12.48941 Washington St. Mr. & Mrs. Maurice Dillow 13. 48955 Washington St. Mr. & Mrs. Frank Little 14. 48961 Washington St. Mrs. Mel Masterson Jr. 15. 48975 Washington St. Mr. & Mrs. Jon Masterson 16.48981 Washington St. Mr. & Mrs. Lyndon C. Lyon 17.49005 Washington St. Mr. & Mrs. Thomas F. Rawlinson 18. 49025 Washington St. Mrs. Richard Molter 19. 49045 Washington St. Ms. Christa Lynn Ward 20.49051 Washington St. Mrs. Jeanne Lyons Williams 21. 49065 Washington St. Mrs. Phillip S. Wernher 22. 49085 Washington St. Mr. & Mrs. Robert Fuiten 23. 49091 Washington St. Mr. & Mrs. William Widener 24. 49105 Washington St. Mr. & Mrs. Spencer F. Lyon 25. 49111 Washington St. Mr. & Mrs. Charles E. Coulter 26. 49125 Washington St. Mr. & Mrs. Martin S. Stetson 27. 49131 Washington St. Mr. & Mrs. William Steers 28.49165 Washington St. Mr. & Mrs. Jim Moore 29. 49171 Washington St. Mr. & Mrs. David L. Lewis 30.49185 Washington St. Mr. & Mrs. Ozzie E. Schock 31. 49191 Washington St. Ms. Jackie Parker 01 () 003 VALAIAI WRITTEN CORRESPONDENCE ITEM: N City of Palm Springs Office of the Mayor O�PO00to , _ 3200 Tahquitz Canyon Way • Palm Springs, California 92262 q� FO RN�P TEL (760) 323-8200 • FAX (760) 323-8207 • TDD (760) 864-9527 June 11, 2002 8`a i Mayor John Pefla mW City of La Quinta« 78-495 Calle Tampico�'� La Quinta, CA 92253 Dear Ma efia: AAV---''� The Palm Springs International Airport is the Coachella Valley's premier gateway to our world -class resort area. As you know, there is only one chance to make a good first impression. The Palm Springs International Airport has been given the opportunity to make that first impression a truly memorable one. Internationally renowned artist Dale Chihuly has made available four of his superb glass sculptures for placement under the airport's imposing dome around the fountain in the new Sonny Bono Concourse. Funds have been raised to secure and install the first two of those sculptures. We need your help in purchasing the remaining two. The Coachella Valley's culturally sophisticated residents and visitors appreciate the fine quality of visual and performing arts that are available in all cities of this valley. We believe that the cultural enhancements which make our valley unique play a major role in attracting the tourists and residents who come here to live and play. We are confident that you believe this, too. That is why we are asking for your help in an undertaking to benefit our entire valley for countless years to come. Citizens of Indian Wells, Palm Desert, Palm Springs, Rancho Mirage and Yucca Valley have already contributed over $60,000 toward the purchase of the remaining two sculptures. Mrs. JoAnn McGrath has offered a matching challenge grant of $50,000 toward the total of $150,000 needed to complete the project. Only $39,500 is needed to make this dream a reality. On behalf of the Palm Springs International Airport, which serves all of our beautiful Coachella Valley, we are asking for assistance from the City of La Quinta in the amount of $10,000 to complete the dramatic masterpiece that will greet all airline travelers as they arrive in our valley. The donation will be permanently honored on a plaque near the artwork. We hope you will join us to enhance this gateway to our magnificent desert empire, which has become a world -class destination for so many people, including, no doubt, many of your friends and family members. Sincerely, k4&- William G. Kleindienst Mayor Post Office Box 2743 0 Palm Springs, California 92263-2743 002 = am It, llth Annual Best of the Best Collectible Artists Robb Report June, 1999 Expanding Influence Dale Chihuly's handblown glasswork sculptures renew excitement about an ancient craft. BY BARBARA DINERMAN normous handblown glass ceiling sculptures by Dale Chihuly float over the heads of admirers on several conti- nents, their wild colors and even wilder configurations inspiring awe. Likewise, the reputation of this Seattle - based artist hovers in exuberant mastery over his contemporaries. Chihuly's graceful basket sets, fiery chan- deliers, and variegated ripples and squiggles have evolved into enormous architectural installations such as Chihuly over Venice, which displays 14 "chandeliers" over the canals and squares of Venice, Italy, and Crystal Cascade, a pair of 20-foot-high Collectible Artists 1. Dale Chihuly 2. David Hockney 3. Francesco Clemente 4. Fernando Botero S. Tomasz Rut Collectible "chandeliers" created for Benaroya Hall, home of the Seattle Symphony. The projects are becoming even more spectacular. Take the 1,000-piece Fiori di Como, which soars like a brilliant veil of glass over the lobby of the Bellagio Resort in Las Vegas, or the planned Bridge of Glass, a 600-foci-long pedestrian bridge dotted with small pavilions displaying Chihuly glass in Tacoma, Wash., the artist's hometown. A newly commissioned work for the Citadel in Jerusalem celebrates the millennium. Chihuly's finished pieces have been called by one observer "the visual equivalent of rock and roll," and prices for the works run well into five figures, with a full installation, 015 005 Chihuly has parlayed his blue—collar roots and his fascination with glassblowing into becoming an icon for his craft. such as a ceiling float, soaring into the millions. Even his preliminary drawings fetch $5,000 apiece. The artist, a vigorous 58 years old, brims with creativity. Chihuly remains busy at one of his four studios, develop- ing an alternative material for his 3-foot- wide glass floats. Polymer floats, molded in plastic, weigh much less than glass and could thus be made on an even larger scale than his already huge glass pieces. Chihuly has parlayed his blue-collar roots in Tacoma and his fascination with glassblowing into becoming an icon for his craft. Not only has he been a consum- mate student of the art, he has become a teacher, mentor, and administrator. After graduating from the University of Wash- ington in 1965, Chihuly attended Harvey Littleton's pioneering glass program at the University of Wisconsin, the only institution treating glassblowing as a serious art. He then earned a Master of Fine Arts degree in 1968 from the renowned Rhode Island School of Design, where he also taught until 1970, and won a Fulbright fellowship that enabled him to work in the Venini factory on the Venetian island of Murano, famous for its superb art glass. In 1971 he also cof6unded the Pilchuck Glass School, now an interna- tional glass center located 50 miles north of Seattle. But the first sign that his work could capture prestigious attention came in 1976 when the Metropolitan Museum of Art bought three pieces for its perma- nent collection. Fortune collided with misfortune, however: That same year Chihuly lost the sight in his left eye in a car accident in England. Today, more than 20 years and at least a dozen awards later, Chihuly's work is included in more than 170 museum collec- tions worldwide. He is the fourth Ameri- can to have had a one-man exhibition at the Mus6e des Arts D6coratifs in Paris. Other contemporary artists command- ing attention include David Hockney, whose protean talents keep him in the forefront with his pop art -inspired, intensely colored images of California - style leisure. Francesco Clemente's strongly autobiographical works range from large oils on canvas to calligraphi- cally rendered erotic drawings. Fernando Botero's humorously corpulent figures of humans and animals have peopled outdoor spaces and stand in bronze counterpoint to Chihuly's massive glass installations. And Tomasz Rut's huge renderings of classical figures with the fashionably patinated canvases of gods, maidens, and nudes, revive high Renais- sance tradition. For now, however, Chihuly soars above the rest. �1 ()06 We is like glassblowing, says Chihuly (with James Kinnard, left, and J.P. Canlis). "If you know what you want to do, you'll do it." Classroom Lessons Master artist Dale Chihuly shows at -risk students how not to blow it ames Kinnard holds a 5-ft.-long lead pipe with a glob of glow- ing hot glass at its tip. As he turns the middle section to and fro, shaping the molten glass, Terrance Prather blows into the cool end of the pipe, and Marlin Armstead steadies the glob with a wooden dip- per. The trio's teamwork is exquis- ite; still, the oval begins to droop. "Uh-oh," says Prather. "Oh, man," groans Armstead. "We're gonna have to throw this one out," Kin- nard says ruefully. "No, no, let's do something kind of crazy with it!" master glass artist Dale Chihuly, 58, instructs the three teenagers. He tells them to keep turning, cooling, shaping and color- ing the orb for 15 minutes until it finally emerges as a stunning, 3-ft.- tall, Persian -blue vase with a crenel- lated neck. "That is some piece of work!" says Chihuly, issuing high fives to the apprentice artists. "Never toss something because it isn't perfect," he tells them. "Don't be afraid to see if you can make something wonderful, even if it started out wrong." The guys listen up. After all, Chi- huly, the most famous glass artist since Louis Comfort Tiffany, has helped them and hundreds of others do the same with their lives. In 1994 he and close friend Kathy Kaperick, 01'7 0 0' PHOT(WGRAPH.9 RV PHII SCHnFIFI n PFnPI F 12/13199 117 a teachers "People came day and night," says Chihuly of his ice sculpture in Jerusalem. Chihuly added his own brand of magic to a canal in Venice (in 1998) with glass bulbs. "Her destiny was to do this program," says Chihuly of Kaperick (right, in his studio). 41, created the Hilltop Artists - in -Residence Program, an artistic alternative to the sometimes violent streets of their Tacoma, Wash., Hill- top neighborhood. Chihuly goes beyond slogans like Just Say No: He teaches at -risk kids to blow. On Oct. 26, the President's Com- mittee on the Arts and the Humani- ties in Washington, D.C., gave Chi- huly's Hilltop program a Coming Up Taller Award and a check for $10,000. The honors are welcome, but, says Chihuly, "I am getting from the kids at least as much as they are getting from me." They respectfully disagree. Whether it's in the "hot shop" or "glass class," the teenagers credit the program, located at Jason Lee Mid- dle School, with providing the hope and education it takes to fashion a future. The No. 1 rule: Nobody gets to take part who isn't in school or a high school equivalency program. "Without glass class, I'd be lost," says Kinnard, 19, who discovered the program in 1996 when he ducked through its doors to evade police after throwing a cherry bomb into a passing car. "My homies and I go to the hot shop to have fun. Do- ing things like blowing glass and making mosaics keeps us busy." Lucas Lowery, 20, agrees. He used to get up at dawn to teach glass- blowing to younger kids while earn- ing a high school diploma. "Chances o like this don't come around that 0 often," says Lowery, who now plans to go to college. Chihuly knows about second o chances. The Seattle resident grew o up in Tacoma, where his father, George, was a butcher and union organizer and his mother, Viola, was a homemaker. When Chihuly was 15, his 21-year-old brother, George Jr., died in a naval training accident. Six months later, George Sr. also died, at 51, of a heart at- tack. "That," Chihuly says, "was a terrible time." His mother took a job as a waitress to support them. She made her son promise to go to college. He studied interior design at the nearby University of Puget Sound, but attended more toga par- ties than class lectures. Chihuly buckled down a bit after he transferred to the University of Washington in Seattle and discov- ered the magic of glass. "One night I melted some stained glass between four bricks and blew a bubble," he says. That was it, Chihuly says. "I wanted to be a glassblower." But first he quit school and headed for Europe, immersing himself in art and architecture —and growing up in the process. "I went from being a boy to a man," he says. He returned to school and gradu- ated in 1965, then worked at a Seattle architectural firm and as a fisherman in Alaska before earning master's degrees from the University of Wisconsin (then the only U.S. school with a glass program) and, in 1971, the Rhode Island School of 018 118 12/13/99 PEOPLE n1 0 V And on the seventh day, Chihuly rested (in 196 with his glass okra at L.A: s Dorothy Chandler Pavilion) Design. That same year, he and a Seattle couple created the Pilchuck Glass School, which would influence nearly every glass artist of the time. Just as his career was taking off in 1976, Chihuly was reminded that life, like glass, can be fragile. Travel- ing in England, he barely survived a car crash that cost him the sight in his left eye. With it went his depth perception, crucial for an art form that requires working with materi- als heated to 2,500 degrees. His glassblowing days were over. But not his career. He became a master artist, directing a devoted staff of 30 glassblowers who exccutc his visions. With his wild hair, black cyc patch and ubiquitous paint- splattercd hoots, (:hihul 11W unlv looks the part of an artist, he has become a celebrity, counting among his friends and collectors actor Robin Williams and painter David Hockney. (Chihuly's original work sells for between $20,000 to several million dollars.) Opening a new wing of London's Victoria and Albert Museum in October, Queen Elizabeth herself showed up to meet Chihuly and admire his chandelier gracing the rotunda. "She had on this great, bright -yellow dress with matching coat," he recalls, "and I was in my usual crazy colors, and photographers were going crazy!" "His pieces are absolutely extra- ordinary artistic creations —ravish- ing," saes jereniy Adamson, senior curator of the Renwick Gallery of the Sniith"(mian Anurican Art Museum, one of 160 mu- seums to boast Chihulys in their collections. Some of Chihuly's most spectacular creations have been outside museums. On Oct. 3, he unveiled a 40-ft.-long, 8-ft.-high, 3-ft.-thick wall of ice in front of the Tower of David Museum in Jeru- salem. His gigantic sculp- ture signified, Chihuly says, "the melting of tensions" and was vis- ited by some tens of thousands. Chihuly will disrupt his jet -set travels on a dime if Kaperick—whom he cred- its with making him see that glassblowing could al- ter the course of young lives —calls. "Kathy had the concept of how this could be done," he says. "I was there to help out." He still is, generously lending his name and energy to fund-raising and teaching. Last year the kids asked Chihuly to help them make a chandelier they could sell to raise money for their program and a new one in a Pueblo In- dian community in Taos, N.Mex. "We wanted to do it, but we didn't know how," says Lucas Lowery. "So Dale got us started, and we all had fun doing it." Nobody's having more fun than Chihuly himself. Though his first marriage ended in the early '90s, he is now a doting father to Jackson, his 19-month-old son with Leslie Jackson. The toddler has the run of Chihuly's converted 40,000-sq.-ft. former racing -boat factory in Seattle. The living space includes an indoor lap pool and an 87-ft. dining table carved from a single Douglas fir tree, and Chihuly's personal hot shop is downstairs. But his heart is in the hot shop at Hilltop. "How could you not want to help young peo- ple?" he says. "It gives me joy." • Christina Cheakalos O • Karen Grigsby Bates in Seattle and Macon Morehouse in Washington, D.C. 120 1;) 1,; )!, i,i (wi I nog J CHIHULY STUDIO 1111 NW 50TH ST SEATTLE, WA 98107-5120 TEL 206 781 8707 FAX 206 781 1906 DALE CHIHULY Born in 1941 in Tacoma, Washington, Dale Chihuly was introduced to glass while studying interior design at the University of Washington. After graduating in 1965, Chihuly enrolled in Harvey Littleton's seminal glass program at the University of Wisconsin. Chihuly continued his studies at the Rhode Island School of Design (RISD), where he later established the glass department and subsequently headed the sculpture department. In 1968, Chihuly was awarded a Fulbright Fellowship to work at the illustrious Venim factory in Venice, Italy. While in Venice, Chihuly observed the Italians' team approach to blowing glass, which is critical to his studio today. In 1971 Chihuly co-founded Pilchuck Glass School, in Stanwood, Washington. With this international glass center, Chihuly has led the avant-garde in the development of glass blowing as a studio art and the broader contemporary interest in glass as an expressive medium. His work is included in over one hundred eighty museum collections worldwide. He has been the recipient of many awards, including honorary doctorates from the University of Puget Sound, the Rhode Island School of Design, and the California College of Arts and Crafts. Chihuly also has been honored with two fellowships from the National Endowment for the Arts, the American Council for the Arts Visual Artist's Award, and the Louis Comfort Tiffany Foundation Award. Chihuly has created many well-known series of works, among them the Baskets, Persians, and Seaforms, but he is most celebrated for large architectural installations. In 1995 he embarked on the multi -faceted international project, "Chihuly over Venice, " which involved collaborative glass blowing at factories in Finland, Ireland and Mexico, with the resultant sculptures mounted over the canals and piazze of Venice as part of that city's first glass biennial. Chihuly's recent architectural works include sculptures for the Bellagio Resort in Las Vegas, the Atlantis Resort in the Bahamas, and the Victoria & Albert Museum, London. In 1999, Chihuly mounted his most ambitious exhibition to date: "Chihuly in the Light of Jerusalem 2000." With support teams from Seattle and Israel he created 15 installations within the stone walls of an ancient fortress, now the Tower of David Museum of the History of Jerusalem. 0(1'-)0 O TO The Desert Sun Sunday, April 21, 2002 E3 Desert Scene Glass artwork sparkles at airport fund-raiser Drinks were served as patrons roamed the airy Imago Gallery in Palm Desert on Friday night during a fund-raising reception for the Palm Springs Interna- tional Airport. Hosted by Imago owners David and Leisa Austin, the free reception included cocktails, a full viewing of famed artist Dale Chihuly's glassworks and a con- tinual film of the artist at work on his pieces. Two glassworks from the pri- vate collection of Chihuly are al- ready installed at the Palm Springs International Airport. Two more pieces complete the installation and are reserved un- til July 2. The Palm Springs Public Arts Commission and the Airport Commission contributed $150,000 to purchase the two glassworks now installed; $150,000 more is needed to complete the purchase. The one -time -only fund-raiser was staged to raise $50,000 and guests were given a big incen- tive. Donor Joanne McGrath of- fered up a $50,00 matching grant towards the first 10 donors of $5,000 or more. Each of the first 10 donors of at least $5,000 and one guest — would gain the opportunity to attend a pri- vate dinner and glass-blowing demonstration at Chihuly's boathouse studio in Seattle. Members of the Airport Com- mission and the Public Arts Commission mingled with guests and donors. Public Arts Commission Chairman David Aiken spoke about a third incen- tive for donors. "We also have a Wings pro- gram for donors who raise cer- tain amounts of funds. They will be able to have their names on the pedestals in the airport for- ever." Chuck Cheeld, chairman of the Airport Commission described the efforts in acquiring Chihuly's work. "The commission is made up of representatives from every city in the valley. It's an ecu- menical, functioning body. "The Public Arts Commission came to us and we think it is great what they are doing. We agreed with the process of bring- ing art to public places," Cheeld said. Cheeld also spoke of the im- pression Chihuly's glassworks would have on visitors to the city. "Imagine his work outside underneath the sun. It will be the first thing visitors see when they arrive in Palm Springs." Aiken said the idea sprang "while wearing hard hats in a construction tunnel at the air- port. I knew we needed a great Art patrons: Sam Rubinstein (from left) and his wife, Gladys, supporters of artist Dale Chihuly and the Pilchuck Glass School in Stanwood Washington for 25 years, talk with gallery owners Michael and Leisa Austin at Imago Gallery Friday in Palm Desert. artist." Art in airports has been used in many ways. The San Francis- co International Airport uses art in public places as a look at the different cultures of the city by showing local art and artists and works with themes relevant to the city and its history. Bishop Airport in Flint, Mich., is home to Lois Teieher's large paper air- plane sculptures that sit around the space as if just thrown. And Stockholm's Arlanda Airport displays artist Hans Strand's pic- tures of water in cooperation with Swedish UNICEF and ARTSPACE as part of an edu- cational campaign. Palm Springs International Airport already hosts two Joshua Tree murals that represent the desert's indigenous traits. So why Chihuly? "Everyone knows Dale Chihu- ly's work," Aiken said, "and it is incredible. He had a house here at one time, and I really think his shapes and forms are amenable with our desert." According to Aiken, Chihuly visited the airport space himself to choose the location of the in- Notables: Chairman of the Palm Springs Arts Commission David Aiken (from left), Palm Springs Mayor Pro-Tem Jeanne Reller-Spurgin and Palm Springs Intemational Airport Commission Chairman Chuck Cheeld gather at Imago Gallery on Friday in Palm Desert. stallation. Chihuly did not attend the event, but guests were shown a variety of his work from colorful bowls to fluid taffy -like hanging glass masterpieces. "This has been a labor of love," Palm Springs Art Com- missioner Leo Cohen said. "For the last two years we have been working on this acquisition." Although mayor William Klein- dienst was not at the event, may- or pro tem Jeanne Roller-Spurgin KIMBERLY NICHOLS attended with city manager David Ready. "I think having Chihuly in the airport allows our community and people from all over the world to have a cultural experi- ence they wouldn't have other- wise," Reller-Spurgin said. Also present at the reception were Councilman Chris Mills and his wife and Palm Springs Desert Museum's Executive Di- rector Janice Lyle. Diane Morgan, arts administra- tor from the City of Palm Springs Department of Econom- ic Development was pleased with the turnout of the event. "I think it was a great success," she said. Kimberly Nichols is a Coa 06 Valley -based free-lance writ j., 1 � TQ•c v - 5 5 AGENDA CATEGORY: w GSM OF Tt 9 COUNCIL/RDA MEETING DATE: JULY 2, 2002 ITEM TITLE: Demand Register Dated July 2, 2002 RECOMMENDATION: Approve Demand Register Dated July 2, 2002 BACKGROUND: Prepaid Warrants: 49935 - 499511 379,843.77 49952 - 499651 479,607.19 Wire Transfers} 158,602.63 P/R 8992 - 90691 107,667.27 P/R Tax Transfers} 30,430.52 Payable Warrants: 49966 - 500741 850,116.30 $2,006,267.68 FISCAL IMPLICATIONS: Demand of Cash -City $1,856,813.68 Demand of Cash -RDA $149,454.00 Falconer, Finance Director BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 022 I CITY OF LA QUINTA BANK TRANSACTIONS 6/13/02 - 6/25/02 6/18/02 WIRE TRANSFER - RDA ESCROW $67,550.00 6/18/02 WIRE TRANSFER - RDA ESCROW $70,000.00 6/21/02 WIRE TRANSFER - DEFERRED COMP $5,528.13 6/21/02 WIRE TRANSFER - PERS $10,227.50 6/21/02 WIRE TRANSFER - CREDIT UNION $5,297.00 TOTAL WIRE TRANSFERS OUT $158,602.63 023 002 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:18PM 06/25/02 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 49966 06/25/02 &01743 JAMES A SHIRLEY CONST 110.00 49967 06/25/02 &01744 NICOLE DANIELSON 50.00 49968 06/25/02 &01745 ED DANNEMILLER 40.00 49969 06/25/02 &01746 GOLDEN STATE UTILITY CO 10.00 49970 06/25/02 &01747 BETTY HARRIS 60.00 49971 06/25/02 &01748 MARSHALL HARRIS 60.00 49972 06/25/02 &01749 JACQUIE HAVENS 65.00 49973 06/25/02 &01750 STEVE KEANE 150.00 49974 06/25/02 &01751 SIDNEY MIRAMONTES 45.00 49975 06/25/02 &01752 MARY ANN SAWYER 65.00 49976 06/25/02 &01753 JANETTE SHABLOW 50.00 49977 06/25/02 &01754 ALLISON WOLTEMADE 50.00 49978 06/25/02 AME175 AMERICAN FORENSIC NURSES 104.00 49979 06/25/02 AME200 AMERIPRIDE UNIFORM SVCS 54.97 49980 06/25/02 ARC200 ARCHULETA CONCRETE 5280.00 49981 06/25/02 BEN040 BENLO R V II 142.57 49982 06/25/02 BRD100 B R DETAIL 27.00 49983 06/25/02 BRI100 BRINKS INC 300.00 49984 06/25/02 CAD010 CADET UNIFORM SUPPLY 104.62 49985 06/25/02 CAL060 CALIF STREET MAINTENANCE 4560.00 49986 06/25/02 CAL151 CALIFORNIA COURT BUILDERS 100.00 49987 06/25/02 CAL240 CALIFORNIA POOLS & SPAS 400.00 49988 06/25/02 CAR300 CARQUEST 62.98 49989 06/25/02 CDW050 CDW GOVERNMENT INC 105.81 49990 06/25/02 CEN010 CENTURY FORMS INC 68.91 49991 06/25/02 CIM050 CIMA COMPANIES INC 517.50 49992 06/25/02 COM020 COMPUTER PROTECTION TECH 3150.00 49993 06/25/02 C00050 J P COOKE CO, THE 46.25 49994 06/25/02 COR150 CORPORATE EXPRESS 98.91 49995 06/25/02 COV065 COVERED JC 11043.00 49996 06/25/02 DAL050 DALCO SCREEN PRINTING 2009.03 49997 06/25/02 DAN200 DANONE WATERS OF NORTH 129.36 49998 06/25/02 DES018 DESERT ELECTRIC SUPPLY 442.75 49999 06/25/02 DESO40 DESERT JANITOR SERVICE 4628.50 50000 06/25/02 DES060 DESERT SUN PUBLISHING CO 5979.37 50001 06/25/02 DES065 DESERT TEMPS INC 2276.99 50002 06/25/02 DIE050 DIETERICH POST 123.48 50003 06/25/02 DOU200 LES DOUGLAS 64.40 50004 06/25/02 ENR100 ENRG FUEL USA INC 23.00 50005 06/25/02 EVA050 DAVID EVANS & ASSOC INC 19521.50 50006 06/25/02 EXP200 EXPRESS DETAIL 915.00 50007 06/25/02 FIR015 FIRST AMERICAN REAL 141.39 50008 06/25/02 FIR017 FIRST CHOICE SERVICES 68.00 50009 06/25/02 GE0010 GEORGE'S GOODYEAR 417.68 50010 06/25/02 GRA010 GRANITE CONSTRUCTION CO 193555.52 50011 06/25/02 HIL150 HILTON FARNKOPF & 5423.75 50012 06/25/02 HIN010 HINDERLITER, DE LLAMAS 975.00 024 003 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:18PM 06/25/02 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 50013 06/25/02 HOM030 HOME DEPOT 220.04 50014 06/25/02 ICB010 ICBO 120.00 50015 06/25/02 IMP100 IMPACT SCIENCES INC 5581.51 50016 06/25/02 IND055 INDIO AUTOMOTIVE ELECTRIC 136.00 50017 06/25/02 INS100 INSTITUTE TRANSPORTATION 225.50 50018 06/25/02 INT015 INTERNATIONAL CONFERENCE 625.00 50019 06/25/02 JAS100 JAS PACIFIC 9516.48 50020 06/25/02 JIM050 JIM'S DESERT RADIATOR 38.50 50021 06/25/02 JOB020 JOBS AVAILABLE INC 165.00 50022 06/25/02 JPRO10 JP REPROGRAPHICS 10.43 50023 06/25/02 JUD010 JUDICIAL DATA SYSTEMS COR 108.04 50024 06/25/02 KIN100 KINER/GOODSELL ADVERTISNG 22932.97 50025 06/25/02 KRI100 BRUCE KRIBBS CONSTRUCTION 1750.00 50026 06/25/02 LAS075 LASHER AUTO CENTER 25084.91 50027 06/25/02 LOW100 LOWE'S COMPANIES INC 95.22 50028 06/25/02 LUN050 LUNDEEN PACIFIC CORP 5841.05 50029 06/25/02 MAI050 MAINIERO SMITH ASSOC INC 6400.00 50030 06/25/02 NAW010 RON NAWROCKI 1750.00 50031 06/25/02 NEX010 NEXTEL COMMUNICATIONS 2403.83 50032 06/25/02 NIC101 NICKERSON & ASSOC INC 7537.00 50033 06/25/02 NOR275 NORTHWOOD REPROGRAPHIC 10.00 50034 06/25/02 OFF005 OFFICE DEPOT INC 1392.26 50035 06/25/02 OWE020 OWEN & BRADLEY 784.78 50036 06/25/02 PAR003 PARAGON SIGNS 134.69 50037 06/25/02 PAR055 PARSANS CONSTRUCTION CO 141850.80 50038 06/25/02 PAT050 PATRICK & CO 361.72 50039 06/25/02 PIT020 PITNEY BOWES 371.80 50040 06/25/02 POW300 POWER PERSONNEL INC 1569.99 50041 06/25/02 PRIO16 PRIME -STRIPE INC 192.80 50042 06/25/02 PR0005 PROFESSIONAL SERVICE IND 2440.00 50043 06/25/02 RAL050 RALPHS GROCERY CO 101.45 50044 06/25/02 RAS020 RASA - ERIC NELSON 6219.50 50045 06/25/02 RBF100 RBF CONSULTING 890.92 50046 06/25/02 RHF100 R H F INC 102.68 50047 06/25/02 RIE200 PAT RIENSCHE 350.00 50048 06/25/02 RIV080 RIVERSIDE COUNTY HEALTH 1385.00 50049 06/25/02 RIV100 RIVERSIDE COUNTY SHERIFFS 263116.27 50050 06/25/02 RIV106 RIV CNTY SHERIFF TECHNICL 9392.00 50051 06/25/02 ROB200 SCOTT ROBERTSON 105.00 50052 06/25/02 SAX100 SAXON ENGINEERING SERVICE 2380.00 50053 06/25/02 SBS100 SBS-EVOC TRAINING CENTER 240.00 50054 06/25/02 SMA010 SMART & FINAL 414.80 50055 06/25/02 SOCO10 THE SOCO GROUP INC 186.68 50056 06/25/02 SOU007 SOUTHWEST NETWORKS, INC 4306.25 50057 06/25/02 SOU100 SOUTHLAND GEOTECHNICL INC 2396.50 50058 06/25/02 STA045 STAN'S AUTO TECH 237.10 50059 06/25/02 SUN050 SUN BADGE CO 164.12 50060 06/25/02 SUN075 SUNLINE TRANSIT AGENCY 416.00 50061 06/25/02 SUN080 SUNLINE SERVICES GROUP 3485.99 025 Dul ACCOUNTS PAYABLE - AP5005 CITY OF LA QUINTA CHECK CHECK NUMBER DATE 50062 06/25/02 50063 06/25/02 50064 06/25/02 50065 06/25/02 50066 06/25/02 50067 06/25/02 50068 06/25/02 50069 06/25/02 50070 06/25/02 50071 06/25/02 50072 06/25/02 50073 06/25/02 50074 06/25/02 CHECK REGISTER BANK ID: DEF VENDOR NO. 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NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 49952 06/20/02 CAL065 CALIF JOINT POWERS INS 468497.00 49953 06/20/02 COA080 COACHELLA VALLEY WATER 596.84 49954 06/20/02 CRA200 ROBERT CRAVEN 335.58 49955 06/20/02 CVA010 C V A G 180.00 49956 06/20/02 DEN010 DENBOER ENGINEERING AND 5504.00 49957 06/20/02 DIS050 DISNEYLAND 531.00 49958 06/20/02 GAS010 GASCARD INC 1141.32 49959 06/20/02 HAR100 JOHN HARDCASTLE 882.00 49960 06/20/02 LAQ050 LA QUINTA CITY EMPLOYEES 702.91 49961 06/20/02 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 49962 06/20/02 STA044 DARREN STANLEY 62.50 49963 06/20/02 UNIO05 UNITED WAY OF THE DESERT 191.00 49964 06/20/02 VER200 VERIZON 487.54 49965 06/20/02 VER210 VERIZON INTERNET SOLUTION 69.00 CHECK TOTAL 479,607.19 041 0020 Z H N O F O• Z r-I N rl N e-1 ri O N H 1D W x U H ££ E£ £ E £ x (D E M E E x £ XM z E 0)O rn C7 a W FC CO W E W El W El W W H W El W E W F W H W F W F W F W F W E W F W El rn F 0 M E Z F O O O O O O O O O O M N .--1 �o m In O O O O l0 M c 1D O O N C' O cy) O O H (3) W E Z D O In v C w N In N, M O N N N N N ID M d' M N M M O In H O M 01 w lD c M m rti M to N O O 111 M H N m m N CD>+ r < D. m v m rn In O r n M ti ti O O m m In O O O O O O N 1` O O a ❑ �+ O a O a r M c lD 0) In M M U Z H D Z H (D m cn cn V o un r-I M In m Elm Z N m ❑ H a a F H a F+ W a E W a m D a E. 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NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 49935 06/13/02 CAL040 CALIFORNIA VISION SERVICE 1057.66 49936 06/13/02 CAN050 CANADA LIFE ASSURANCE CO 545.73 49937 06/13/02 CEB100 GEORGE CEBRA 25.00 49938 06/13/02 COA074 COACHELLA VLLY RECREATION 105.00 49939 06/13/02 EMP040 EMPLOYMENT DEVELOPMENT 3984.48 49940 06/13/02 GAS010 GASCARD INC 985.52 49941 06/13/02 HEN050 TERRY HENDERSON 368.95 49942 06/13/02 IMPO11 IMPERIAL IRRIGATION DIST 200.00 49943 06/13/02 LAQ051 LA QUINTA CLIFF HOUSE 2388.04 49944 06/13/02 PRIO50 PRINCIPAL MUTUAL 47132.15 49945 06/13/02 RCT100 RCTC 620.00 49946 06/13/02 SIG060 SIGNS BY MEL 1185.25 49947 06/13/02 SOU010 SOUTHERN CALIF GAS CO 73.68 49948 06/13/02 SPRO10 SPRINT 73.59 49949 06/13/02 TER010 TERRA -CAL CONST INC 318368.00 49950 06/13/02 UNU050 UNUM LIFE INS 2152.06 49951 06/13/02 VER200 VERIZON 578.66 CHECK TOTAL 379,843.77 044 0023 z r uN VD N M v ul 1D r OD 01 O N H M d N N !x O E z N o M r1 D U U U (D (D U 0 C7 U C7 U U 0 0 (D (D 0 o W F+ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ U d W W w W W W W W W w w W W W W W £ d m E4 E E E E E E E E E E E E E+ E E a a H 0 lD N .-) o O m M Ol M r O O o -ITM rl E ID •C M O O V' N .--� mH V• O in 'n O O N z E . . . . . . . . . . . . . . . w z r N M �o � V' C C H N O 1D O m N £ O V7 O C N O m M V7 r N OD M N O m M >1 Q O LO H 0) N LO H N N M M H M N N a a• ID M o O m to r o O O r L� m a E c Ln Oo 0 0o Lc)C W N a O H m m lD O m m O Lo W W H asa m 01 M N a M H [u w M W N z z E a H W x d aal 0 H ❑ H 01 Ga U W C Z x X U rzr� .7 W W a H EE. a H 6. a H a H (n () (n U] a w w a a a w a rzr�� z O n: O F O z cC z FC O £ O z O (d-F O E z O U r� co U d u) d H O 14 W .l W F O F W H O hai Gu O M w U H E m z Elr.� D a D E a O E H E E W £ E x U x U x U x U E >> r.0 cC E £ E. a E (n z H 04 H a m in a E a a N a a a a a a P4 !x a N a w a H O H 0 z z 0 U O 0 0 0 .) n n U O E E W O N O W O > a z ❑ H H ❑ O ❑ E. ❑ 17 ❑ aL w w aL O U ❑ M a] E ❑ x m OH H w H W W ❑ W W H W £ W 4 a r7 a W £ E w = w D W a W m > FJ4 IZ > m > (.i > w > w w w w > H H a > a� > 4 > d ❑ H H ❑ z w z O O O O W w H m O W > a d H a 5 au C au G. a a£ > x w w U W d r H m H ❑ a Q' M O1 ul Ln M 1 0 W V N I I I I N O > I > m at r r M c 'V` a• v O r z z £ M M O O O O o H O H ❑ H Q o lD lD N O O O o o r-4 H z u) u7 M o o O O O M ❑ O m c0 (7l o) m m m H z H x d z a d m w m a i o o w E+ a O O O O LO O 1D to lD to o o O r O O W O O o O Lr) O c c c c o 0 0 u") o O m O o O o c o �D w �D w o 0 C. �o o Cl £ z n r r r r r rn rn rn rn r r r rn H .•ti z (`1 M M M M ID H ro H .o M M O w M N N N v' v� l0 (D (D lD lD lD w lD lD N E z o 0 0 0 O O O (D O O O O (D O cD O O O O O .-i V7 O O O O O O O rl u1 N Ln N H U U d o 0 o C. o O o 0 0 o O O o O O O to to N Ln H r-i H Q' H •--� W z O O 0 H (E+ > E E w ❑ W U U W co m z z a £ z :D z 0 O x o O a .] u) H m m W z z z a m m m r > 0 0 0 (7 Ga a d H r� d t l W m V) m H H E > rC ❑ I W w D:> U U U U W W W a U £ d z d E. 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M H a W a U H z z z z z < o H w E a 0 0 0 0 0 >• O U u) S z RC N N N N N < w z U z E a< O H E. (D o a D o a a x a a a ❑ a U H O a w z w w w w w w z a a co cn cn F o > > > > > F 6u W z O > Cl O O o O O O 0 0 0 O o ❑ Ln O to r1 rl r-1 Ln O O O O O O >. O H O O O O O N N N N N U E+ H E-E C7 O m a D a a z a [: C) H D: U H 0 a W z w W w w w > > > > 046 0025 A/P - AP6002 CHECKS TO BE VOIDED 2:06PM 06/14/02 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 49526 DEF 03/27/02 46.95 RES011 RESOURCE DIRECTORY TOTAL VOIDED 46.95 INVOICE DESCRIPTION RESOURCE DIRECTORY 047 0026 A/P - AP6002 CHECKS TO BE VOIDED 2:04PM 06/14/02 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 49300 DEF 04/16/02 20.00 INS150 INSTITUTE FOR LOCAL SELF- FARMLAND PROTECTION GUIDE TOTAL VOIDED 20.00 mm 0027 A/P - AP6002 CHECKS TO BE VOIDED 4:05PM 06/14/02 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 49761 DEF 06/06/02 TOTAL VOIDED 300.00 RCT100 RCTC 300.00 INVOICE DESCRIPTION TICKETS/SAN CLEMENTE FESTIVA 0 4-0 0028 c&h. 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 2, 2002 CONSENT CALENDAR: C;L" ITEM TITLE: STUDY SESSION: Denial of Claim for Damages PUBLIC HEARING: Filed by The Gas Company - Date of Loss: March 19, 2002 RECOMMENDATION: Deny the Claim for Damages filed by The Gas Company, with a reported date of loss of March 19, 2002. FISCAL IMPLICATIONS: The total amount of the claim was $243.66. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by The Gas Company, with a reported date of loss of March 19, 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 The Gas Company on June 19, 2002, 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 The Gas Company, with a reported date of loss of March 19, 2002 ; or 2. Accept the claim, or some portion thereof; or 050 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission b i� Thomas P. Genovese, City Manager Attachments: 1 . The Gas Company Claim for Damages 2. Letter from Carl Warren & Co. 3. Letter from Carl Warren & Co. to The Gas Company 051 002 ATTACHMENT 1 The Gas Company• A A REC�IP�'MUESTED City of Desert City Attn: City Clerk 78-495 Calle Tampico La Quinta, CA 92253 WHEN DID DAMAGE OCCUR? March 19, 2002 WHERE DID DAMAGE OCCUR? 79-715 Desert Willow St, La Quinta HOW DID DAMAGE OCCUR? Building a block wall RECEIVED ?7? JUN -.3 Pr;12: 10 May 24, 2002 CITY G;= LA OUINTA CITY C!_FPi:'S OFFICE REFER ANSWER TO: MARIA JIMENEZ CLAIM NUMBER 119453 Southern California Gas Company PO Box 60980 Los Angeles, CA 90060-0980 WHAT PARTICULAR ACT OR OMISSION ON THE PART OF COUNTYXITY OFFICERS OR EMPLOYEES CAUSED THE DAMAGE? Working without a USA Ticket WHAT DAMAGE DO YOU CLAIM RESULTED? LABOR AND MATERIALS FROM COMPANY STOREROOM TO REPAIR 1/2" PLASTIC SERVICE WHAT AMOUNT DO YOU CLAIM ON ACCOUNT OF EACH ITEM OF DAMAGE? $243.66 INVOICE ATTACHED OTHER DETAILS Talked to Desert City's foreman. He said that Lonnie Adams his block contractor damaged our lines. I ia Jimen aims ciate Telephone (2 3 44-51 4 Enclosure: —z3�—cze* Date Signed SIGN, DATE & RETURN ONE COPY OF THIS FORM IN THE ENCLOSED ENVELOPE FOR OUR FILE. Received & Acknowledged by: Signature: Date Received/Signed: n5f) l Date: 05/24/2002 SOUTHERN CALIFORNIA GAS COMPANY CLAIMS RECEIVABLE INVOICE ***DUE UPON RECEIPT*** AMOUNT: $ 243.66 TO: DESERT CITIES DEVELOPMENT 46753 ADAMS ST LA QUINTA, CA 92253- From: Southern California Gas Company CLAIMS RECEIVABLE-ML 7110 P.O. Box 513249 Los Angeles, CA 90051-3249 Claim No: 119453 EV118781 Credit Account No: 1106041 (143.005) Credit Cost Center: 2200-0431 Credit Internal Order No.: FG8920102200 DO NOT PAY THIS INVOICE WITH GAS BILL ri,z,A-'J ., Or IA%-11 IUY YUKTIUN AND FORWARD WITH CHECK IN THE ENCLOSED ENVELOPE This invoice is for the cost of repairing our facilities that were damaged by your operations at: 79-715 Desert Willow St, Lo Quinta, CA on 03/19/2002. This damage resulted from a violation of one or more sections of California Government Code Section 4216. For more information on the Government Code, go to www.Ieginfo.co.gov/ or call Underground Service Alert (USA) at 1-800-227.2600. Operator of Equipment: Type of Equipment: Work being performed: Facility Damaged: LABOR $ 233.71 MATERIAL and STORAGE $ 9.95 GAS LOSS $ 0.00 PAVING COST $ 0.00 TOTAL $ 243.66 Contractor/Employee (Lonnie Adams) OTHER Block Wall Service If you wish to refer this to your insurance carrier, please furnish us with their name, address and your policy number. If you have any questions, please contact: Maria Jimenez at (213) 244-5124. If you write or call about this invoice, please refer to claim number: 119453 053 Southern California Gas Company A Sempra Energy Company 005 06/19/2002 14:44 FAX 714 740 T992 CARL WARREN CO. TO: The City of La Quanta 760-777-7101 ATTENITON: John Ruiz, Risk Manager RE: Claim ; Claimant D/Event Rec'd Y/Office : Our File June 19, 2002 The Gas Co v La Quinta The,gas Co 03/ /02 06/03/02 S 133952 DBK ATTACHMENT 2 We have reviewed the above captioned claim. and request that you take the action indicated below: 0 CLAIlVI RMCI'ION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly you,Ts, CARL WARREN & COMPANY ANL,-,� Deborah BY cc: CJP1A AM: Executive Director CARL WARREN & COO CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drlve • Ste 4M - Orange, CA 92868 Mail: P.O. Sax 25180 • Santa Ana, Ca 927g9-518o Phone.- (714) 740-7999 . (800) 572-000 + Fax (71 a) 744-9412 06-19-02 14:40 RECEIVED FROM:714 740 7992 05,1 006 P-01 - 06i25i2002 14:28 FAX 714 740 7992 CARL li7ARREN CO. ATTACHMENT 3 The Gas Company P.O. BOX 60980 Los Angeles, CA 90060-0980 June 19, 2002 RE: Principal CJPIA 1j Member City La Quinta Claimant The Gas Company D/Incident 03/19/02 Your File 119453 © Our File S 133952 DBK As claim administrators for the self -insured City of La Drama, we have made a careful examination of the circumstances surrounding the captioned occurrence and feel we have enough evidence to make a decision on your claim. After evaluating the facts, we have reached the conclusion that our principal is not responsible for this occurrence. We are sorry we are unable to recommend settlement of your claim to our principal. Our investigation reveals there was a private developer working in the area. You may want to contact them regarding the claim. Desert Cities Development a) 46753 Adams Street, La Quinta, CA 92253. Phone: 760-777-3345. This letter does not affect the notice that will be sent to you by the City of La Quinta regarding disposition of your claim. Very truly yours, CARL WARREN & CO. Deborah Been cc: City of La Quinta, John Ruiz cc: CJPIA, Executive Director CARS WARREN & CO. CLAIMS MANAGEMENT+CLAIMS ADJUSTERS 750 The City Drive • Suite 400.Or2n9e, CA 92868 055 ` Mail-P_Q. Box 25180 . Santa An84 a, Ca 92799-51 Phone, (714) 740-79999 (800) 572-6900 • Fax: (714) 740-9412 007 06-25-02 14:23 RECEIVED FROM:714 740 7992 P•01 T4'yl 4 XP Q" COUNCIL/RDA MEETING DATE: July 2, 2002 Approval of a Contract Services Agreement with the La Quinta Chamber of Commerce for Fiscal Year 2002-2003 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a contract services agreement with the La Quinta Chamber of Commerce for fiscal year 2002-03, and authorize the Mayor to execute the contract. FISCAL IMPLICATIONS: The City's Fiscal Year 2002-03 Preliminary Budget, approved by the City Council on June 20, 2002, contains funds for the La Quinta Chamber of Commerce in the amount of $125,000 (Account #101-103-605-535). CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The services provided for within the Chamber of Commerce contract are consistent with this objective. BACKGROUND AND OVERVIEW: The City has been entering into an annual contract services agreement with the La Quinta Chamber of Commerce for approximately ten years. In preparation for continued services during the upcoming fiscal year, the Chamber of Commerce submitted a contract for services proposal which included a request for $125,000 in funding for fiscal year 2002-03 (Attachment 1), representing the same funding amount approved for fiscal year 2001-02. The Chamber's funding request was considered during the June 20, 2002 City Council budget meeting, and the appropriation for services was approved in connection with the Council's approval of the City's Fiscal Year 2002-03 Preliminary Budget. Accordingly, staff has prepared a contract services agreement (Attachment 2) based on the Chamber's proposal for consideration by the Council. The agreement provides 056 for four quarterly payments in varying amounts totaling the contract sum of $125,000 in exchange for services in the following three areas: • Business Retention and Promotion • The "Gem" Newspaper • The Visitor's Center Approval of the attached contract services agreement will allow the City and Chamber to implement the Chamber's proposal for fiscal year 2002-2003. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a contract services agreement with the La Quinta Chamber of Commerce for fiscal year 2002-03, and authorize the Mayor to execute the contract; or 2. Do not approve a contract services agreement with the La Quinta Chamber of Commerce for fiscal year 2002-03; or 3. Provide staff with alternative direction. Respectfully submitted, I . \--� _Oj*_ . Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. 2002-2003 City -Chamber Contract for Services Proposal 2. Contract Services Agreement for Fiscal Year 2002-2003 057 June 10, 2002 To: From, Re: ATTACHMENT 1 Tom Genovese, City Manager Mark Weiss, Assistant City Manager Dr. Kurt Spurgin, President 2002-2003 City -Chamber Contract for Services Proposal We are pleased to submit the La Quinta Chamber of Commerce contract for services proposal for the period July 1, 2002 through June 30, 2003. We propose to continue with the current Scope of Services to include: A. Business Retention and Promotion B. The `Gem" Newspaper C. The Visitors Center A. Business Retention and Promotion: The growth of La Quinta has had a positive impact on the rising number of our membership base. The Chamber has positioned itself for membership retention and growth by clearly defining and constantly improving the value of membership benefits and services provided. By the end of this fiscal year, we anticipate a record high increase in membership of over 140 new members. Our Membership Services Committee has recommended continuing with the same dues structure as last year. We did increase our dues last year, however, valley -wide we will still remain the most economic Chamber to join. Our focus on membership retention has resulted in important staff adjustments to continue a high level of service to our members. The Chamber Bi-Monthly City/Chamber Meetings and the Chamber Executive Director's involvement in the quarterly city marketing meetings have aided the chamber to work in conjunction with the city on business retention and promotion. We support continuation of these two effective means of communication. The contract for service dollar amount for Business Retention and Promotion will remain constant. La Quinta Chamber of Commerce 0 ti -8-371 Highway 111 La Quinta, CA 92253 Phone: 760-56�4-3199 Fax �60-56�4-3111 www.laquintachamberofcommerce.com Page Two 2002 2003 City -Chamber Contract for services Proposai C. The "Gem" Newspaper: This past year we increased our circulation to include all La Quinta residents and businesses as well as our members and prospective members. We have also upgraded the quality of paper and purchased new computer programs and equipment to improve the newsletter. Overall feedback on this publication indicates the newsletter is well received and of value to members and residents alike. There will be an increase in the cost for postage for the new fiscal year. Overall costs will also increase as our membership and the number of residents in La Quinta continues to rise. The newspaper is our most effective resource to reach a target audience promoting the City and Chamber. We will continue to investigate the possibility of future expansion to include circulation to the residents in the annexation survey areas. Anticipated increases in the total cost to produce ten issues of the newspaper during FY 2002-2003 will be approximately $5,500. Restructuring our ad rates should absorb the majority of this amount. Costs to increase the newspaper an additional four pages (1 spread) and to publish the Gem on a year round basis have been reviewed by the Chamber staff and Executive Committee. During this next fiscal year we would like to discuss the City's interest in increasing this publication to 12 issues. The contract for service dollar amount for The "Gem" Newspaper will remain constant. C. The Visitors Center: This is a vital service we will continue to provide for the City. The continued media attention La Quinta is experiencing because of our growth and development justifies the staffing of our facility seven days a week during the season. Exposure from our improved website, the demand for more information and service from visitors, and the increased number of residents continues to have a significant impact on staff and facilities. Improvements to the facility combined with additional equipment/technology and a professional staff and volunteers contributes to what we believe is an efficient and effective operation. We are pleased to report that we anticipate continuation of operating at this capacity with no increase in cost to the City. 050 005 Page Three 2002-2003 City -a neber Convad for Services Proposal Summary Operating under the same contract dollar amounts as last year, our request remains at $125,000 for FY 2002-2003. Last year the Board requested consideration be given to adjust the payment for services schedule to reflect the months of greatest impact to our budget created by The "Gem'. The payment schedule we requested worked well within our budget and we suggest payments to continue as follows: July Payment $41,500 October Payment $21,000 January Payment $41,500 April 15 Payment $21,000 Thank you in advance for your support. We look forward to our continued relationship with the City. 060 006 ATTACHMENT 2 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, a California municipal corporation (the "City"), and LA QUINTA CHAMBER OF COMMERCE (the "Contractor") (the "Chamber"). WHEREAS, the City and Contractor originally entered into those certain funding and lease agreements for the 1991-1992 through 2001-2002 fiscal years; and, WHEREAS, both parties agree that the services performed by Contractor result in direct benefits to the project areas in commercial revitalization and stimulation. The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to the promotion, encouragement, representation and retention of business and business activities in the City of La Quinta, as specified in the "Scope of Services and Schedule of Performance" attached hereto as Exhibit "A" and incorporated herein by this reference (the "service" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards consistent with past services undertaken by Contractor. 1.2 Contractor's Proposal. The Scope of Services and Schedule of Performance shall include the Contractor's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 061. 007 1.4 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the following schedule, but not exceeding the maximum contract amount of One Hundred Twenty -Five Thousand ($125,000) (the "Contract Sum"). Payments shall be made upon receipt of invoice in accordance with the following schedule: Contract Payment July 15, 2002 $41,500 October 15, 2002 $21,000 January 15, 2003 $41,500 April 15, 2003 $21,000 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the Scope of Services and Schedule of Performance (Exhibit "A"). Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. 062 3.3 Force Majeure. The time period specified in the scope of Services and Schedule of Performance (Exhibit "A") for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his judgement such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.7 of this Agreement, this Agreement shall continue in full force and effect until June 30, 2003. 4.0 COORDINATION OF WORK 4.1 Representatives of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to. act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Dr. Kurt Spurgin, President b. Lini G. Handy, Vice President — Legislative and Community Affairs C. KimBerly Keyton, Vice President — Membership Services d. Bill Lohman, Vice President — Special Events & Fund Raisers e. Loretta Duffy, Treasurer f. Shelly Morris, Immediate Past President g. Valerie Smith, Executive Director It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 063 009 4.2 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against 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. 4.4 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. Contractor shall carry general liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's act or omissions arising out of or related to Contractor's performance under this Agreement in an amount equal to One Hundred Thousand Dollars ($100,000) per individual and Three Hundred Thousand Dollars ($300,000) per occurrence. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws and professional errors and omissions liability insurance. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) 064 010 days' written notice of proposed cancellation to City. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such losses. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City concurrent with execution of this Agreement. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its contractors or employees. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, employees, and agents, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, as its sole option: 1. Obtain such insurance and deduct and retain the amount of the premiums of such insurance from any sums due under this Agreement. 2. Order the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 3. Terminate this Agreement. 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. 065 flit 6.0 RECORDS AND REPORTS. 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. At a minimum, quarterly progress reports, including an accounting of expenditures, shall be provided on or about September 2002, December 2002, March 2003, and June 2003. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.7. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, 666 ntn liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Agreement, except for termination by the City for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease spending City funds except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered and/or committed to contractually prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Contractor may also terminate this Agreement upon thirty (30) days' written notice to City. 7.8 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 067 013 8.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, director or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of: any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA P. 0. Box 1504 78-495 Calle Tampico La Quinta, California 92253 Attention: Thomas P. Genovese, City Manager 06S, 014 To Contractor: LA QUINTA CHAMBER OF COMMERCE 78-371 Highway 111 La Quinta, California 92253 Attention: Valerie J. Smith, Executive Director 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 069 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: CITY OF LA QUINTA, a California municipal Corporation By: JOHN J. PENA, Mayor City of La Quinta, California M. KATHERINE JENSON, City Attorney City of La Quinta, California Dated: LA QUINTA CHAMBER OF COMMERCE 22 Name: Title: "CONTRACTOR" 016 EXHIBIT "A" SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE FOR FY 2002-03 The Chamber shall provide the following services: A. Business Retention & Promotion B. The Gem Newspaper (10 editions) C. The Visitor's Center The Chamber shall provide the City with written quarterly reports of its activities as required by this Agreement. These reports will be submitted in accordance with the following schedule: 1. First report - September 2002 2. Second report - December 2002 3. ' Third report - March 2003 4. Fourth report - June 2003 07T 'O 1"� Titvl 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 2, 2002 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Amended Tract Map 30125- PUBLIC HEARING: 1, Sedona Homes, Inc. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Amended Tract 30125-1, Sedona Homes, Inc. None. None. Amended Tract 30125-1 is located east of Eisenhower Drive and south of Avenue 50 (Attachment 1), and consists of 43 residential lots (Attachment 2). This Map amends the original recorded Tract Map 30125-1 . The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) for the required additional monumentation has been executed by the developer but the associated securities have not been received. The final map is technically complete and is being routed for signatures. It is expected that the associated securities and all signatures will be in place within the time allowed with its conditional approval. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt, within 30 days (August 2, 2002), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk, SIA and associated Securities. 072 T:\PWDEPT\COUNCIL\2002\020702c.wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the final map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Amended Tract Map 30125-1, Sedona Homes; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Amended Tract Map 30125-1, Sedona Homes; or 3. Provide staff with alternative direction. Respectfully submitted, �_� Roy F. StephE nterim Public Attachments: i, P.E. ks Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 073 002 T:\PWDEPT\C 0 U NC IL\2002\020702c. wpd RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA GRANTING CONDITIONAL FINAL MAP APPROVAL OF AMENDED TRACT MAP 30125-1, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of the City of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Amended Tract Map 30125-1 is conditionally approved provided the subdivider submits all required items on or before August 2, 2002. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. 074 Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on August 2, 2002. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 2nd day of July, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California 075 Mid AMENDED TRACT NO, 30125-1 ATTACHMENT 1 AVENIDA FERNANDO ■ LA QUINTA > o HOTEL GOLF & Of W TENNIS RESORT O Q w m 0 0 a = o z w z cn w w Q AVENUE 50 PROJECT SITE 0 VICINITY MAP w m NOT TO SCALE o z w Q M O R S E 79-799 Old Avenue 52 1a Quinta, CA 92253 DOKICH-�AMpICO Vain: 760-771-4013 C ABLE o o g 7 S C H U L T 2 FAX: 760-771-4073 PLANNERS ENGINEERS SURVEYORS I: 51700 MAPPING 30125-1 VICINITY 6-11-02 4 lobo m a� ATTACHMENT 2 is ffi rc a�g ~ go dU 3 g " �6A t5 _x I ' I C l U F 3 70<� 3 Now �,qy • °eo �� sE-4pld 8 pa m3�� i �C€ 9lw WSn sn Wmi Im Apo - 3 3 S a g o 2 < 2 mNC1. w�-w N ?ry <2 �i� Zj m�i3� 17i� o= bw6��u 3Wi� d b u $5 �ogryNv az W�.aw so �s W a0. ma5ms O �zl �'6 vm 63 Simi-F W = 2^ Z Y a O w W i s W V W ? 2 O o < 0 y $ of o�=ff i w' y "'d o 'mS'm�g "'� 77 MIN < Y o `W.12. Li a�cdFd i �� ?sv�u�i i ai z �� 3i�N ai 006 W K W gig � a= o jog I e - 67§ MIS Ea aE Nj a Srv�� o -�o$ a a a s P. 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DOKICH LS.4593 EWTY LINE OF SEC. 6 AND I AVENUE 50. fR. )NO. 3J4-1 MS. 8S/,34-@6 m D ^I 50 i I.P.. TEE UB9�9"3 A5 E.C. yB02/ OF AVENUE C, LI, pWTA T&s. ok7 1. PDMSC ,01Kit f'o,1�ED vl 8 CONSTRUCTION C/L Cm M UEU R.S7� �2.1 COR a AVENUE 50IN _^ ,v b SIN. T, 21533�50 10=121721' R2MW.0p L H0.'Lp/ AC. Q+ •,W. B➢0' N •/9' m-ra' T=t57.lst.'" ar L` "n A n GRANADA \ 1 z /./r LOT E rzv37' , PART F_I_ A .'' ` D.on AC a6nx_�T-13_v_ COURT \ t\I �C_______ 02'11'79'E 109h4,I e �-- l' �Q�p�� 11 �^;-�, IgVx- 24 ?QY' ,,I °��,ss' IV Ln c0=rs/r3 aDxaF3021 x929 a. LOT 8 W' n �, ¢ 7O x 1'45'21'V RAO N B'O2'll'V n 9.8t' RAU 5.1'' �' . o \ 1.151 AC. a� u /,�.� LOto.ss AG sra 95.64' ', =v. "'azAzoa3E 25 - E I A. RQ 09' / N 02'14'39'C l34 \\ 9� n �Isa ;,k �� oa 9' 23 Ac R 3 \ i > h = 34 ' LOT D I a / 35 0.315 AC. � S.S' / 1546r In \ 26 > h / I 1 \ / �a' e Wa � 1 3 i $ to N 7.40'009: 131A ' ti 7p, j 8 \ / 22 I I = ISS'I I5.5' W)' N O'00'40'VI i 1 3 1113' 31, 10' � 33 � 2 cD _ 00p'W 169.20' I T 36 PARCEL MAP JNC. 30146 /P.I\i1.5. 109/75-56 N6RAOUN � `L) 27 21 � I 5' • y / A] I 'is / PA , RCEL 1 rys a� $ s 32 �/ i 28 6.7. _ ^9 LOT 1 37 I .rys Pqa / j 170 W) 20 / 31 'Al 29 ` ")2'ss• .ry l � � � 1, W) aw 19 K 'A, (OT K oaa �v /�41j' s)? l rss•al/ y 9 = N y �:e� �gry ` 2 Y / / RA 77'/T'!b'E 30 3 �REQQ\'9 SS'�•V I12.06. _ `. , .V % $ �: /%d`J• $' I _, f� ART (oT��DPo. <<Ol n 3ekr9 r.rsrLRH7 Apzi 17 ,R _ I•/ R: \`�SS,k• � NSSN1• \'& ' " tig/ ' hl 9 ELL 70 10 11 Y.30• �;7y° 9raRar y3 / =1 Rao SCALE I"=40' I 11 ti ry z• ;2 ; _ x eoro7'M•v_ t 12 ss. a g z °p J'&,. qa -9\ (P 10',^ 5.1J•45, OOIp•W `L ti 13 �' 36 a2 R" YW 72'358p bqi Z • � .'81.41,� � � - 5 NO DELTA RADIUS ARC LGT TAN 1 90.00'Or 23W 36,92' 23.5r 2 3254'4Y 107.50' 61.75, 31.7T 3 10'48Y11' 1D9.Or 20,55' 1030' 4 32'54'41' 107.50' 6L75' 31.7Y 5 O'J7'39- 20DAW 2L90' 10.95' 6 O'46'O5' 2075Dr 27,82' 1391' 7 rim, 2075DO' 1D22' SDI' 8 2-04'30' 7845V 28,41' 1121' 9 l'33'0r 78450 2122' 1061' 10 3/9748' 51'0' 3853' 1574' 11 771014' 51.Or 60'1' 4879' 12 4.37'49' 107.5r 8169' 43T 13 5.1618' 184.511' 1697, 8.4r 14 3'57'05' I94.5r 12.51, 62V 15 41.3228' 31'r 26.43' 13,92' 16 60V2'05' 23W 24.9r 13.76' 17 2r17'55' 23W 12'2' 6.14' IB 35'3016' 41.00' I I' 13.R' 19 21'12'17' 235r 8.7r 4A0' 20 68'47.13- 235r 2822' IG09' 21 r16'41' 2050.00' 9.95' 430' 22 r205r 2050'r 1250' 625' 23 0`43` 3X 207ROr 26.12' I306' Z4 r04'7r 656W 23.76' IIEW 25 15'1331- 5LW 13.55' &W 26 29.0555' 51.OD' a 1324' 27 325r4r 513N' 29.%' 15.Ir 28 45.2732' 34'r 26.W 1121' 29 30'5932' 45DO' 2434' 12./B' �9 14 !� 5 ii A 1AB. 143/7-3 's./QY500'RJn Ilr SEE DETAIL .1. gyi9p7 IJJ• h� 1S ;� 4I� �56 �J'�• BELOW RNNR HEREON �• x �- [:/z'T I EASEMETiT$ p3J '/' N 8,.,9'20'E ICA' y& J� Q- INDICATES A 10.00 FOOT EASEMENT FOR '�qF• i Y' 16 O� PLWC UTILITY PURPOSES DEDICATED TO IMPERIAL IRRIGATION DISTRICT. Q- EASEMENT TO CV.W.D. FOR DOMESTIC ^ 1 4 -�5�e_ 10 T i^1 7 TT WATER AND SANITATION PURPOSES. L'4D S BAR Q- INDICATES A 10.00 FOOT EASEMENT FOR FN �. ry �I I I $�I •^.N Fjl� `� I PUBLIC UTILITY PURPOSES DEDICATED TOCITY OF LA QUIN7A V 2 /7J' 39• '?ZBF �15;5 Q- INDICATES A PRIVATE DRAINAGE EASEMENT PARCEL -1 p3J AS HEREON. ? I I 10'j I101, AL 01 SHOWN Q- TO C.V.W.O. FOR DOMESTIC PARCEL IYl<1P T\kJ. 30519 EATER I NB9'59'20'E I PURPOSES. WATER PURPOSES. - P.1\i1.E. I SEE SHEET 2 FOR SURVEYOR'S 1. _ _ _ _ _ _ _ _ _ NOTES AND BASIS OF BEARINGS SEE SHEET NO. 2 I I l v� DETAIL " )1 40 20 0 40 BO 120 - NOT TO SCAIF - I:\ww\.MPVW\A30123-1\RN-04.M 6-12-02 J 009 CITY OF LA QMTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT Amended Tract Map 30125-1 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement') is made and entered into this day of , 20 by and b een Sedona Homes, Inc., a California Corporation, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map') of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Amended Tract Map 30125-1 (the "Tract') pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act'). B. Within one year of the recordation of the Map, the Subdivider is required set survey monuments as shown on the recorded map. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: Monumentation Security. A. Monumentation security shall conform with Section 66499 of the California Government Code and one of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. B. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of the furnishing and installing the monuments. C. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. D. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2. Survey Monuments. The Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 3. Release of Security. City shall retain and release securities in accordance with the provisions of Section 1 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 081 010 TAPWDEPT\STAFF\Schulze\Parcel Maps\Pm305l9\AMENDEDTM30125-l.wpd Page 1 of 3 4. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 5. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 6. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 7. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. oil T:\PWDEPT\STAFF\Schulze\Parcel Maps\Pm30519\AMENDEDTM30125-1 .wpd Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk SUBDIVIDER: Sedona Homes, Inc., a California Corporation 75-564-A Country Club Drive Suite 150/137 Palm Desert, CA 92211 (760) 772-8224 Attn.: Lance Alacano By: Date Title: By: Date Title: Reviewed and Approved: ZJrpL Cit ngin r Date Approved as to Form: City Attorney Date 083 012 T:\PWDEPT\STAFF\Schulze\Parcel Maps\Pm305l9\AMENDEDTM30125-1 .wpd Page 3 of 3 Exhibit A SECURITY - AMENDED TRACT MAP 30125-1 Except as otherwise provided herein, Subdivider shall furnish performance security prior to agendization of the Map for approval by the City Council. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. Improvement Description Performance Monumentation $1,400 Total: $1,400 084 011, T4t!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 2, 2002 CONSENT CALENDAR: J ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map 30125-2, Sedona PUBLIC HEARING: Homes, Inc. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract 30125-2, Sedona Homes, Inc. None. None. Tract 30125-2 is located east of Eisenhower Drive and south of Avenue 50 (Attachment 1), and consists of 22 residential lots (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) for the required improvements has been executed by the developer but the associated securities have not been received. The final map is technically complete and is being routed for signatures. It is expected that the associated securities and all signatures will be in place within the time allowed with its conditional approval. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt, within 30 days (August 2, 2002), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk, SIA and associated securities. 085 T:\PWDEPT\COUNCIL\2002\020702b.wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the final map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after ail required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map 30125-2, Sedona Homes; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map 30125-2, Sedona Homes; or 3. Provide staff with alternative direction. Respe fully submitted, Roy F. Ste h nson, P.E. Interim Pub ' Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement Fin 002 TAP W D EPT\C 0 UNC IL\2002\020702b.wpd RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP 30125-2, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of the City of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Tract Map 30125-2 is conditionally approved provided the subdivider submits all required items on or before August 2, 2002. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the 087 subdivider has completed the following requirements to the City Engineer's satisfaction. 003 A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on August 2, 2002. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 2nd day of July, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PEIVA, 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 004 TRACT NO. 30125-2 ATTACHMENT 1 AVENIDA FERNANDO ■ LA QUINTA > o HOTEL GOLF & Of w TENNIS RESORT Of w m 0 0 a = o z w z cn w w Q AVENUE 50 r PROJECT SITE Q 0 VICINITY MAP m m NOT TO SCALE o z w a M O R S E 79-799 Old Avenue 52 (� . La Quints, CA 92253 j DOKICN 1-�AMp�CO Voice: 760-771-4013 005 S C M U L i z FAX: 760-771-4073 PLANNERS ENGINEERS SURVEYORS I: 51700 MAPPING 30125-2 VICINITY 5-31-02 ATTACHMENT 2 $a� �8 w fob o A o W g o J% mzti lac 3 I�2 w O W� Io o O GG ¢¢ 0 CC o _ Z r W Ge68 U 2 S. 65n,?o2 < P2t�•V� �8 ZONx VJi Z<ZVai CN�F� �_ OmVU 4 s6i i. 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IRRIRRIGATION BEING A SUBDIVISION OF PARCEL 3 OF PARCEL MAP NO. 30146, AS FILED IN BOOK 199. PAGES 55 AND 56 OF PARCEL MAPS; AND PARCEL 02 - EASEMENT TO C.V.W.D. FOR DOMESTIC 4 OF PARCEL MAP NO. 30519. AS FILED IN BOOK PAGES WATER AND SANNATION PURPOSES. _, _ AND _ OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER SQ- INDICATES A 10.00 FOOT EASEMENT FOR OF RIVERSIDE COUNTY, CALIFORNIA PUBLIC UTILITY PURPOSES DEDICATED TO Cm' OF LA OIBNTA MOS CONSULTING AUGUST, 2001 GARY W. OOKICH L.S.4693 T SCALE 1"-40' SHEET 3 OF 4 SHEETS TR. NO, 3941 BAR, HJ34_135 FOUND I" I.P.TAGGED RCE 21775. FLUSH, PER ,1BAND Ott 6 LA CIL AVENUE 50 OUINUNTA TES.IES. (N 8953.34•V 614.20') 16. .._ _- _______1000'_DI51ALN86 �b CONSTRUCTION CIL AVENUE 50 N _ LOT G LOT r-- I r I412 LOT A -\1\/1r JADED } —1 I 30 i -rRAC-r 1\10, 30125 --1 r-----------q -�_ LOT—��LOTL I l _ LAREDO COURT 50' I I 7/ LOT M / i IN 89v1r31•V 170.221 -- 5FD0' - pl PAR. 3 N 094' W 13909' I '15S PARCEL MAP 30'141,8 2 P.NI.B. 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Subdivider has prepared and filed a final map or parcel map (the "Map') of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 30125-2 (the "Tract') pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act'). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements'). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as 'warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. r) 010 TAPWDEPT\Agreements - SIA\30125-2a.wpd Page 1 of 6 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to cant' out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) ratherthan to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from( 9 the same source as the performance security it replaces. Administrative fees for security shall be as follows: o11 T:\PWDEPT\Agreements - SIA\30125-2a.wpd Page 2 of 6 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Reguired. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with 6196, provisions of the required permits. 01n T:\PWDEPT\Agreements - SIA\30125-2a.wpd Page 3 of 6 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. No T:\PWDEPT\Agreements - SIA\30125-2a.wpd Page 4 of 6 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing, the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective worts or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attomeys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severabilb. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. 0 n 19 014 T:\PWDEPT\Agreements - SIA\30125-2a.wpd Page 5 of 6 E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: By: Title: By: Title: Reviewed and Approved: Approved as to Form: City Attorney City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Date Sedona Homes, Inc., a California Corporation 75-564-A Country Club Drive Suite 150/137 Palm Desert, CA 92211 (760) 772-8224 Attn.: Lance Alacano Date Date f Date Date 099 015 T:\PWDEPT\Agreements - SIA\30125-2a.wpd Page 6 of 6 Exhibit A SECURITY - TRACT 30125-2 Except as otherwise provided herein, Subdivider shall fumish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory' have been orwill be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or part by the City Engineer, at any time after construction plans are complete and the scope and nature of improvements are fully known. These releases shall be separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description %Complete Performance Labor & Materials Grading 100% $18,202 $91,011 Demolition 100% $8,427 $42,134 On Site Street Improvements 85% $26,078 $130,391 Storm Drain Improvements 100% $4,240 $21,200 Domestic Water 100% $16,250 $81,250 Sanitary Sewer 100% $14,102 $70,510 Dry Utilities (Elect.) 100% $11,000 $55,000 Monumentation 0% $4,880 0 Construction Subtotal: $103,179 $491,496 Professional Fees and Construction (10%) 10,318 $113,497 Contingency (10% of Project) $11,350 Total: $124, 847 100 Hu T4'yl 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 2, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision PUBLIC HEARING: Improvement Agreement for Parcel Map 30420, Centre at La Quinta, Stamko Development Company RECOMMENDATION: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 30420, Centre at La Quinta, Stamko Development Company. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: � em BACKGROUND AND OVERVIEW: Parcel Map 30420 is located south of S.R. 1 1 1 and east of Adams Street (Attachment 1) and consists of 18 parcels (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of June 24, 2002, City staff has received a technically correct map of the Final Map from �he City's Acting Surveyor. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (August 1, 2002), of all associated securities. A technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the Interim Public Works Director/City Engineer and the City Clerk has been received by City staff. 101 T:\PWDEPT\COUNCIL\2002\020702f.wpd Once this item is received, the City Clerk will affix the City Seal to the Final Map and offer the final map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 30420, Centre at La Quinta; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 30420, Centre at La Quinta; or 3. Provide staff with alternative direction. Respectfully_§ubmittgd, My r./5tepnenson Interim Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Parcel Map 3. Subdivision Improvement Agreement 102 T:\PWDEPT\COUNCIL\2002\020702f.wpd 0 2 Resolution No. 2002- Parcel Map 30420 - Conditional Approval July 2, 2002 Page 1 of 3 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP 30420, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of the City of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Parcel Map 30420 is conditionally approved 103 provided the subdivider submits all required items on or before August 1, 2002. 003 T:\PWDEPT\COUNCIL\2002\020702f.wpd Resolution No. 2002- Parcel Map 30420 - Conditional Approval July 2, 2002 Page 2 of 3 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating.that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. C. Submit security in the amount and of the type specified in the Subdivision Improvement Agreement. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on August 1, 2002. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 2"d day of July, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 104 004 T:\PWDEPT\COUNCIL\2002\020702f.wpd Resolution No. 2002- Parcel Map 30420 - Conditional Approval July 2, 2002 Page 3 of 3 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 105 00) T:\PWDEPT\COUNCIL\2002\020702f.wpd ATTACHMENT 1 '1S NOS83J33r Ol-1 Ol A Q '08 Sr lvd 3Nn0 o co ItLO •aa d1N1n0 dl Z LLJ z w w is SVYdab Z_ �~ cf) U W F-- � 1S N019NIHSVM 0 '80 83MOHN3SI3 w J Q U Ln O z l06 006 ATTACHMENT 2 t �a 007 v q e I R R a ba� 1 s t as 4 aVim� 11a� k 4 1 8 k II I all lots I till lb lit M- s it kk e •4 s � b •R " a � a •R "" C 008 a■.mrwr+�sm. $ � 8 x z Zo is . . ■ t LU MWO anrrn . w�eurs Zt W Kati tit all has W � alb w rirww crrun! Lssmvoy gm ■r,.....r — — — �� r a. 10 009 aresesr AP Wide ------------- -------- 4 vm 382N39 o.Lnv, 0 *1 O11 ATTACHMENT 3 CITY of LA QumA SUBDIVISION IMPROVEMENT AGREEMENT Parcel Map 30420 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 , by and between Stamko Development Co., a Limited Partnership organized under the laws of the State of California, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quints;;. County of Riverside, which unit of land is known as Tract No. 30420 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. ImpMygMrrts. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by SuIZdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and tine or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. T:XPWDEPTOevdivWgreements\SIAM420 siampd Pay It f� 012 v 2) Surety bonds, of the form speed in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal govemment and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the Califomia Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be fumished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (t00%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.6., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. T.%PWDEPTOevdivlAgreements\SIA\30420 siampd P.-W113 E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non- payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of perforrmance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful perfommance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or worts or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security fumished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Reauired. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. T.%PWDEPTOevdivW®reemerds%M 30420 siampd Page 3 of 6 T 14 014 6. ComUletion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Fore Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdividers control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall fumish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdividers engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials fumished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. T:\PWDEPTWevdiv\Agreements%SIA%30420 siampd Page 4 of 6 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees inured by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attomeys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. T:\PWDEPT\Devdiv\Agreements\SIA\30420 siampd Page 5 of 6 116 016 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: By: Title: By: Title: 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Date Stamko Development Co. 2205 N. Poinsettia Ave. Manhattan Beach, CA 90266 310/546-3479 Date.' Dat Reviewed and Approved: C-- neer Date Approved as to Form: City Attorney T:\PWDEPTOeudivWgreementslSIA%30420 siampd Date wage 6 of 6 1.17 0! ?. Exhibit A SECURITY -PARCEL MAP 30420 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or part by the City Engineer, at any time after construction plans are complete and the scope and nature of improvements are fully known. These releases shall be separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading, On Site 368,950 368,950 Streets, On Site (Inc. Sidewalks) 251,057 251,057 Drainage Improvements, including Landscaped - Retention Basin 417,500 417,500 Domestic Water, On Site 375,000 375,000 Sanitary Sewer, On Site 170,300 170,300 Underground Electric, On Site 150,000 150,00 S.R. 111 Improvements 240,129 240,129 Perimeter Landscaping, 50ft. Set -back 320,250 320,250 Domestic Water within Public Right of Way 110,025 110,025 Sanitary Sewer within Public Right of Way 99,525 99,525 Landscaped Median Island 63,990 63,990 Monumentation 7.000 (00) Construction Subtotal: $2,573,726 $2,566,726 Professional Fees, Design 165,200 Professional Fees, Construction 257,373 No -Plans Contingency (35% of Project) 1,048,705 Total Bond Amount: $4,045,004 T.WWDEPT0eWiWlgrmneftXS1A%30420 siampd J Page 1 of 2 118 018 Exhibit A Security - Parcel Map 30420 The Improvements identified in this Subdivision Improvement Agreement (SIA) for Parcel Map 30420 include certain improvements formerly required by the SIA for Parcel Map 28525-2, dated July 28, 1999. The SIA for Parcel Map 28525-2 has been voided by City Council action and the improvements formerly required of that' SIA are now a part of this Agreement with the stipulation they will be completed by January 1, 2003, unless a time extension is authorized by the City as provided elsewhere in this agreement. Remainder of this page is intentionally left blank T:%PWDEPTOevdiOAgreementst.SWt90420 siampd Page 2 of 2 119 019 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of 21 yecE;,,�Ac On 2a(o2 before me, P ejef 6 E�• or - Date Nghe and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared ("kr i<�il ne E a. ZZ, Names) of Signer(s) ANGELA E. DORF Commission # 1310471 Z Notary Public - California R'Nmide County My Comm. Bores Jun 24, 2DO5 Place Notary Seal Above 6 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT�ESS my hand and official seal. n i I 1 , �1 1 - z Signature of NotaV Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Diptcument Title or Type of Document: i Document Date: �� I UZ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: i►�jl1 �t SC rja e.k--i-- ❑ Individual C)4 Top of thumb here 9 Corporate Officer— Title(s): �PS ti uE%f� �" t✓ +i r % 1` ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 " www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1.800-876-6827 1-20 020 T4ht 4 XP Q" COUNCIL/RDA MEETING DATE: July 2, 2002 Authorization for the City Manager to Sign a Contract Extension for a Year with Hilton Farnkopf & Hobson, LLC for AB 939 Services for Fiscal Year 2002/2003 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 17 STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to sign a contract extension with Hilton Farnkopf & Hobson, LLC for AB 939 services for Fiscal Year 2002/2003 in an amount not to exceed $45,000. FISCAL IMPLICATIONS: The Community Development Department has budgeted $45,000 for AB 939 consultant services. The contract is for the implementation of AB 939 programs to assure the City's compliance with the State's AB 939 mandate. The requested Scope of Services has remained the same for Fiscal Year 2002/2003. Adequate AB 939 funds are available in account 101-402-605-542 within the Fiscal Year 2002/2003 budget. The additional $14,000 for optional tasks is allocated in the same account as part of the AB 939 Recycling Programs budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW On May 5, 1998, the City Council originally approved a recommendation of staff to hire Hilton Farnkopf & Hobson, LLC as the City's AB 939 consultants and has continued to approve the contract extensions each year. The proposed Scope of Services provides for monitoring of current programs, implementation of a few selected programs (such as an organic waste and community outreach program), as well as monitoring the City's Waste Contract. 121 G:\WPDOCS\CC Stf Rpts\CCJH.006 Pursuant to City Council Resolution 96-80, "...Prescribing the Procedures, Rules and Regulations Governing the Solicitation and Selection of Firms and Award of Contracts for the Furnishing of Personal Services, Professional or Consulting Services, or other Contractual Services Which are not Subject to the Formal Bidding Procedures..." Section 9, "Exceptions - Renewal of Contracts", states the City Council is permitted to authorize the City Manager to bypass the competitive selection process in the renewal of a renegotiation of an existing contract for continuing services. Based on this Resolution, staff is recommending the contract with Hilton Farnkopf & Hobson, LLC be extended for the next Fiscal Year rather than preparing a Request for Proposals and going through the selection process. Staff has established a good working relationship with the consultants and the Scope of Services for 2002/2003 will be similar to the 2001 /2002 contract. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to sign a contract extension with Hilton Farnkopf & Hobson, LLC for AB 939 services for Fiscal Year 2002/2003 in an amount not to exceed $45,000; or 2. Do not authorize the City Manager to sign a contract extension with Hilton Farnkopf & Hobson, LLC for AB 939 services for Fiscal Year 2002/2003 in an amount not to exceed $45,000 and direct staff to prepare a Request for Proposal for distribution; or 3. Provide staff with alternative direction. Respectfully submitted, r Herr} an munity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Scope of Services for Contract for Professional Services (� 1?�2 G:\WPDOCS\CC Stf Rpts\CCJH.006 Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC ATTACHMENT #1 EXHIBIT "A" SCOPE OF SERVICES Proposed Tasks for AB 939 Implementation for 2002-2003 Task 1- On -going Maintenance Activities HF&H will track solid waste legislation, regulations, CIWMB policy decisions, and issues such as facility closures and start-ups in the Coachella Valley. On- going maintenance also includes monitoring CVAG meetings and initiatives. Monitoring of CVAG Solid Waste Technical Working Group meetings and initiatives is an important way to participate in solid waste and diversion programs that are conducted collectively by the members of CVAG. HF&H will also be available to attend meetings of the Riverside County Solid Waste Management Task Force if requested. This task also includes development of AB 939 programs necessary to keep the City in compliance with AB 939 including adding recycling information to the City's web site. In 2002/03, we propose to complete our ongoing work on the Construction and Demolition Debris Management Plan, including development of the ordinance, as appropriate. This task also includes technical assistance and follow-up with commercial waste generators which is becoming more important as commercial waste becomes a larger portion of La Quinta's waste stream. Task 2 - Reporting and Other Compliance Activities HF&H will prepare the City's AB 939 Annual Report to the CIWMB which will include documentation of diversion activities conducted throughout the previous calendar year, as well as calculation of numerical compliance with AB 939 diversion mandates. We will also develop and discuss with the City a strategy to continue to meet both the numerical and programmatic goals of AB 939 in order to achieve compliance with the law. Task 3 - Community Outreach We will coordinate recycling activities at special events, such as the Bob Hope Chrysler Classic, the annual telephone book recycling program and other special events. Coordination requires contacting event managers and the City's waste hauler to coordinate diversion activities. Task 4 - Public Education Coordination June 12, 2002 123 City of La Quinta � ! � 4 Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC HF&H will coordinate the preparation of flyers, advertising, and other public education materials throughout the year. Coordination of advertising includes contacting the County's Household Hazardous Waste (HHW) Round -up coordinator and the County's HHW Round -up contractor, the La Quinta Chamber of Commerce, and newspapers such as the Desert Sun to place ads in newsletters or newspapers. Coordination includes contacting participating entities for event information and telephone numbers, transmitting this information to content copywriters/designers, and ensuring timely delivery of final artwork and copy to the printer and mailing house. Actual costs for printing, design, mailing, and advertising costs are not included in the budget for this task. Task 5 — Green Waste Diversion We will continue to monitor measures to increase green waste diversion in both the residential and commercial sectors. We will monitor green waste facility development in the Coachella Valley and work with major commercial generators (e.g., golf courses.) We will investigate strategies to increase residential green waste diversion, such as increased public education and development of a "Master Composter" program, if needed. We may also coordinate with the County's green waste program managers to have their periodic events located in the City of La Quinta. Task 6 — Meetings and Management We will attend a total of ten meetings (approximately one per month) with city staff. Each month, we will prepare a status report, meeting agendas, and conduct overall project management. OPTIONAL TASKS Task 7 — Franchise Administration/Negotiation Assistance We will conduct analyses and prepare summary memoranda related to franchise administration, as directed by the Director of Community Development, on a time -and -materials basis. Franchise administration may include such tasks as the following: • Disposal Tonnage Reconciliation • Franchise Agreement Renegotiation Assistance • Review of Proposed Rate Adjustment • Transfer Agreement Negotiation Assistance • Review of Franchise Agreement Compliance 124 J June 12, 2002 2 City of La Quinta Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC We anticipate that some of these franchise administration tasks will be necessary in the coming year, while others will not be needed. We anticipate that the disposal reconciliation task will need to be completed this year, and that the City will need to negotiate with one or more parties for a favorable transfer station rate, as the Edom Hill landfill is scheduled to close soon. The Director of Community Development will decide which tasks are a priority for this year. FEES We will perform the scope of work based on time and materials. The estimated budget for tasks 1 through 6 is $45,000. Optional tasks are budgeted at $14,000, which may or may not be sufficient to complete the activities shown in Task 7, depending on the complexity of the assistance requested by the City. The specific tasks we perform will be determined by mutual agreement with City staff. We will bill you once per month based on the number of hours worked multiplied by our hourly billing rates, plus expenses incurred. Payment is due within 30 days of invoicing. Hourly rates for our consultants are as follows: Senior Vice President $205 Senior Associate $165 Associate $155 Professional Assistant $75 Expenses will be billed as follows: Mileage $0.365 per mile* In-house document reproduction $0.15 per page Public conveyances and parking Actual Document couriers/postage Actual Other client related travel Actual Outside printing, mailing, design, & subcontractors Actual plus 15% All other out-of-pocket expenses Actual * Or as adjusted by the IRS for mileage allowance 125 June 12, 2002 3 City of La Quinta 0(,)6 Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC AB 939 Implementation Fee Estimate — FY 2003 Services TASK DESCRIPTION Sr. Vice Pres. Sr. Assoc. Assoc. Prof. Asst. Total Hours 1. Ongoing Maintenance AMoruto_rlegisla ion, regulations, �ec �.._..... 1 2.0. ..... . 0 �.8_..,... 29 B. Construction & Demolition Debris Plan m 0 20 8 4 32 C. 3 Technical Assistance to Businesses 2 40 0 0 42 Task 1: Hours 3 80 8 12 103 Task 1 Fees . ti. M s ....,� , , „ $ 6 , 15 $13,200 $ 1,240 a $. 900 $ 15,955 2 Reporting and AB 939 Compliance . A Prepare AB 939 Annual Report 2 3 8 ., 42 B. MB inquiries Respond to CIW.� .. _.� _ . _ 0 8 _. 0 2 _... — _ 10 Task 2: Hours.... m 2 40 0 10 52 Task 2: Fees $ 410 $ 6,600 $ - $ 750 $ 7,760 3. 1 Community Outreach A Coordination of special events 1 16 0 2 19 Task 3: Fees a a : $ 205 $ 2,640 $ $ 150 $ 2,995 c Education Coordination 4. Public A Coordinate preparation of public education m ._ � 2 16 0 2 20 1 materials is �._...E... . _.- Task 4: Fees $ 410 $ 2,640 $ - $ 150 $ 3,200 5. Green Waste Diversion A Monitor green waste diversion 1 16 0 2 19 ro rams Task 5: Fees $ 205 $ 2,640 $ - $ 150 $ 2,995 6. Meetings and Project Management A 1 Meetings 0 36 12 10 58 B. Pro ect management y 12 ...... 0 4 18 .... !Task 6: Hours .. 2 ._ .._._ 48 m 12 14 76 Task 6: Fees $ 410 $ 7,920 $ 1,860 $ 1,050 $ 11,240 Total Hours 11 216 20 42 289 Hourly Rates $ 205 $ 165 $ 155 $ 75 Total Fees r _.v r $ 2,255 $ 35,640 $ �3,100 $ 3,150 $ 44,145 Expenses $ 855 s and Expenses, Tasks 1 to 6 Total Fees $ 45,000 Optional Tasks (time and materials) .. .. tt.._�h w.��__ . ...... $ .,Rm��..... .. 14,000 to... 6 plus O tion.afTasks.a..... „Total ees and Ex enses, Ta_s.k.1. .. $ 59,000 June 12, 2002 4 1?_f; City of La Quinta 007 T4'lvl 4 4 Q" COUNCIL/RDA MEETING DATE: 53 Approval of Position Description for Assistant City Engineer RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: (% July 2, 2002 CONSENT CALENDAR: O STUDY SESSION: PUBLIC HEARING: Approve the position description for the Assistant City Engineer. FISCAL IMPLICATIONS: This Assistant City Engineer would be placed at Range 78 ($6,279-$7,632 per month). This classification would be added to the City's authorized position salary - range schedule. The estimated cost increase for this position is $4,356. Staff will make a request for an additional appropriation during fiscal year 2002/03 if necessary. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: It has been determined that there is a need for an Assistant City Engineer in the Public Works Department. This position would enhance the coordination and completion of various public works projects. As indicated in the job description (Attachment 1), the position would assist the Public Works Director/City Engineer in the overall administration and management of the Public Works Department. The Assistant City Engineer will also act as the Public Works Director/City Engineer in the Director's absence. The current and future level of development in the City warrants this type of position. This position was previously authorized in the Fiscal Year 91 /92 budget and deleted in the Fiscal Year 95/96 budget. An internal recruitment for the position will be conducted. If an appointment is made of an internal candidate, their former position will be held vacant. 127 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the position description for Assistant City Engineer; or 2. Do not approve the position description for Assistant City Engineer; or 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager Attachment: 1. Assistant City Engineer job description 08/1 1 /99 S:\CITYMGR\CCSHELL.WPD 128 002 ATTACHMENT 1 THE CITY OF LA QUINTA ASSISTANT CITY ENGINEER GENERAL STATEMENT OF JOB Under executive direction, assists the Public Works Director/City Engineer in organizing, planning and directing the activities of the City's Public Works Department to include the administration, engineering and inspections; provides technical and professional support to other City Council, City Manager, City Departments, and various Commissions and Committees. Assists in establishing recommendations and implementation of departmental goals and objectives; and performs other related duties as assigned. DISTINGUISHING CHARACTERISTICS This job class functions at the assistant department director level. Employees in this classification exercise overall responsibility for policy development, program planning, fiscal management, administration and operation of the units in the Department consistent with overall City goals, and objectives, policies and procedures. This classification manages subordinate managers, engineer, clerical and other staff as assigned. REPORTS TO: Public Works Director/City Engineer. ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned. ► Participates in the development and implementation of the Department's goals, objectives, policies and procedures; ► Assists in the direction of all Public Works engineering activities, including contracted and in-house plan review, design, surveying and inspection; ► Assists in the direction of the construction, operations, and maintenance activities of the City; ► Assists in the preparation and implementation of the Capital Improvement Program; reviews and approves all capital improvement program project plans and specifications for contract purposes; ► Reviews and checks public improvement plans and specifications in proposed private construction projects; acts as a major resource regarding both administrative and engineering matters to subordinates, developers, contractors, consultants, governmental agencies and the general public to resolve complaints and problems, interpret administrative policies, and ensure successful project completion; 120 004 City of La Quinta: Assistant City Engineer ► Provides recommendations on the fee structure in terms of legal compliance; ► Reviews proposals, makes recommendations to the Public Works Director/City Engineer on the selection of contractors; ► Oversees the work of personnel in preparation of plans and drawings and cost estimates of materials; ► Oversees the preparation of legal descriptions and right-of-way deeds and prepares right- of- way contracts; investigates traffic conditions and prepares reports and recommendations for related improvements; ► Schedules and coordinates the activities and projects performed by contractual engineering personnel; ► Reviews and recommends approval of plans, engineering reports, budget estimates and proposed ordinances submitted by department staff and consulting engineers; ► Supervises assigned staff; I. Assists in the development and management of the department budget; ► Attends City Council meetings and other meetings concerning proposed projects; ► Makes public presentations on public works issues; ► Assists in the preparation of the annual engineers' report for the Landscape and Lighting District; ► Performs various related essential duties as required. MINIMUM TRAINING AND EXPERIENCE A Bachelors degree in Civil Engineering; 5 years of progressively responsible experience in public works, public utility, city engineering, administration, operation, methods and procedures including construction, drafting, and budgeting; at least 2 years in supervisory capacity; or any equivalent combination of training and experience which provides the required skills, knowledge and abilities. Required Licenses and Certification Possession of, or ability to obtain, a valid Class C California Drivers License. Possession of, or ability to obtain, a certificate of registration of a professional civil engineer in the State of California. 130 005 City of La Quinta: Assistant City Engineer KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledge of.- • principles and practices of engineering and administration as applied to the design and construction of public work facilities, and to technical inspection services; • methods, materials and techniques employed in public works construction; • principles and practices of public administration; • recent developments, current literature and sources of information in municipal public works administration; • principles of organization, administration, budget and personnel management. Physical Requirements: • Ability to operate a variety of tools, equipment and vehicles, including adding machine, personal computer, copier, and fax; • Ability to use a variety of clerical supplies and forms; • Ability to use fine and gross motor coordination in performing writing, driving and typing or word processing; • Ability to exert light physical effort in sedentary to light work involving sitting, walking or moving from one place to another and standing. Supervisorial Responsibilities: • Ability to assign, review, plan and coordinate the work of other employees; • Ability to provide instruction and guidance to staff; and promote staff development and motivation; analyze problems that arise in the areas under supervision and recommend solutions; • Ability to recommend the discipline or discharge of staff, approve transfers or promotion of employees; • Ability to assess the work of employees and write performance appraisals. Mathematical Ability: • Ability to calculate decimals, ratios, percentages and fractions; ability to calculate and apply college school level algebra, trigonometry and geometry. • Ability to compute and apply calculations involving formulas and variables. 131 Judgement and Situational Reasoning Ability: 006 City of La Quinta: Assistant City Engineer • Ability to apply concepts of rational thinking in budgeting; • Ability to apply principles of influence systems, i.e. supervision; • Ability to apply principles of synthesis functions in development of Departmental goals and objectives; • Ability to use independent judgment in fairly non -routine situations, such as supervising personnel in completing complex projects. Language Ability and Interpersonal Communication: • Ability to comprehend and correctly use a variety of informational documents including City Council reports, expenditure reports, purchase order requests, engineers reports, plans and specification, invoices, employee evaluations and customer complaints; • Ability to prepare budget, executive summaries, City Council reports, employee performance evaluations, cooperative agreements and specifications using prescribed format and conforming to all rules of punctuation, grammar, diction and style; • Ability to comprehend a variety of reference books and manuals including state standard specifications and details, traffic manual, highway design manual, municipal code, streets and highway code, Subdivision Map Act, and computer manuals; • Ability to communicate and maintain effective working relationships with local residents, Planning Commission members, attorney, consultants, coworkers, City Manager, contractors, and other City personnel verbally and in writing; • Ability to prepare and present accurate, concise reports to Commissions and City council. Environmental Adaptability: • Ability to work primarily in an office environment. The City of La Quinta is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer. July, 2002 13 '' 007 c&4 4.fPQ" COUNCIL/RDA MEETING DATE: July 2, 2001 Approval of an Amended Contract for Legal Services with Rutan & Tucker, LLP RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the amended contract for legal services with Rutan & Tucker, LLP. FISCAL IMPLICATIONS: Adequate funds have been budgeted in account 101-101-601-000, General Legal Services, and in 101-101-601-523, Litigation Legal Services in fiscal year 2002- 2003. The contract amendments do not increase the existing fee schedules of Rutan & Tucker. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 18, 2002, the City Council completed its annual evaluation of the City Attorney. The City Attorney has requested certain limited modifications to Rutan & Tucker's contract for services. The amendments reflect the current practice with regard to on -site office hours. In addition, a second Assistant City Attorney would be added. Specifically, the changes are: 1. Clarification that the City Hall office hours during weeks of the Planning Commission meetings will be from 4:00 p.m. on the day of the meeting until the end of the meeting, and that nine and one-half hours of additional attorney services will be included in the retainer account in lieu of the on -site hours on the day of the Commission meeting and the following day. 2. The addition of Marc Luesebrink as an Assistant City Attorney. 133 The redlined pages from the amended Agreement are included as Attachment 1. Attachment 2 is Marc Luesebrink's resume, and Attachment 3 is the proposed Amended Contract for Legal Services. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the amended contract for legal services with Rutan & Tucker, LLP; or 2. Do not approve the amended contract for legal services with Rutan & Tucker, LLP; or 3. Provide staff with alternative direction. Respectfully submitted, VJU M. Kathe(i a enson, City Attar e Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Redline pages from amended agreement 2. Resume for Marc Luesebrink 3. Amended contract for legal services 13.1 002 ATTACHMENT 1 AMENDED AGREEMENT FOR CONTRACT LEGAL SERVICES THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement"), is made and entered into by and between THE CITY OF LA QUINTA ("City"), a California municipal corporation, the LA QUINTA REDEVELOPMENT AGENCY ("Agency"), a California public entity, and RUTAN & TUCKER, LLP ("R&T") a Limited Liability Partnership, as of July 1, 2000. The parties hereto agree as follows: 1. SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, R&T shall provide general City attorney and Agency legal counsel services, and all necessary additional legal services, as respectively specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference ("Services" or "work") 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 and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. R&T 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 that it is responsible to provide as required by this Agreement. 135 004 119/015610-0002 89614.03 a06/25/02 2. COMPENSATION 2.1 Schedule of Compensation. The "Schedule of Compensation" is attached hereto as Exhibit "B" and incorporated herein by this reference. The rates in the Schedule of Compensation shall become effective on July 1, 2000. 2.2 Method of Payment. R&T shall submit to the City on a monthly basis in the form approved by the City's Finance Director, an invoice for services rendered during the prior month. Such invoice shall (1) describe in detail the services provided, including the amount of time spent on the matter, (2) specify each person who has provided services and the number of hours worked by each such person, and (3) indicate the total charges on the matter to date. The City will pay the invoice within thirty (30) days after the date the invoice is received. 3. PERFORMANCE SCHEDULE 3.1 Term. Unless earlier terminated in accordance with Section 6.2 of this Agreement, this Agreement shall commence on July 1, 2000, and shall continue in full force and effect until completion of the Services. The performance of the City Attorney shall be reviewed by the City Council on or about June 30, 2001, and shall be reviewed annually thereafter. 4. COORDINATION OF SERVICES 4.1 R&T as General Counsel. M. Katherine Jenson is hereb was designated, effective June 27, 2000, as the City Attorney and Agency's general counsel, and shall have primary responsibility for coordination of all legal services for the City and the Agency. John Ramirez is er-eb was designated, effective 136 119/015610-0002 _2_ O 05 89614.03 a06/25/02 June 27, 2000, as the Assistant City Attorney and Assistant Agency Counsel. Marc Luesebrink 4.2 Additional Representatives of R&T. The following additional attorneys of R&T are hereby designated for the Services specified herein: (a) David Cosgrove, as the primary counsel with respect to eminent domain. (b) L. Ski Harrison, as the primary counsel with respect to labor issues. (c) William M. Marticorena, with respect to cable television and bond counsel. (d) Penelope Parmes, as primary counsel with respect to bankruptcy issues. (e) Dan Slater, to assist Ms. Jenson and Mr. Ramirez with regard to redevelopment issues. Substitution of the foregoing attorneys shall be permitted with the consent of the Contract Officer. The foregoing attorneys shall be primarily responsible during the term of this Agreement for devoting sufficient time to personally supervise any other attorneys or paralegals in providing the Services provided by R&T hereunder. 4.3 Contract Officer. The Contract Officer shall be the City Manager of the City or such other person as may be designated by the City Manager. It shall be R&T's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services. 119/015610-0002 89614.03 a06/25/02 -3- 137 006 EXHIBIT "A" SCOPE OF SERVICES I. SCOPE OF SERVICES. A. General. City and Agency employs R&T and R&T agrees to perform all required legal services as City Attorney -- General Counsel to the City and Agency Counsel to the Redevelopment Agency including, without limitation, the following: 1. Regular office hours and coverage of all City Council, Agency Board and Planning Commission meetings. Attendance at other commission, committee or negotiating meetings upon request. 2. Prepare and/or review all ordinances, resolutions and agreements of the City and the Agency. 3. Render such other legal services and advice as required and may from time to time be requested by the City Council or City Manager on any matter affecting the operation of the City and/or the Agency. 4. All litigation matters concerning the City and/or Agency. B. Retainer Services. R&T agrees that it as part of its retainer, it shall provide, through the services of M. Katherine Jenson or John Ramirez, office hours at City Hall for two days each week, inclusive of coverage of all regular City Council, Agency and Planning Commission meetings (the "Retainer Time"). It is currently anticipated that as a general rule, M. Katherine Jenson will attend Council and Agency meetings, and that Mr. Ramirez and/or Mr. Luesebrink will attend the Planning Commission meetings. II. ADDITIONAL SPECIAL SERVICES. A. Litigation. The City and Agency hereby retain R&T to perform litigation services for City and Agency and the services necessary relating to threatened litigation. B. Special Municipal Services. The City and Agency hereby employ R&T to perform specialized legal services for the areas of labor, cable television, bankruptcy, and general municipal on an as needed basis. 138 119/015610-0002 A-1 007 89614.03 a06/25/02 EXHIBIT "B" SCHEDULE OF COMPENSATION I. CITY ATTORNEY AND AGENCY COUNSEL. For services rendered by m. Katherine Terse _ ^frog as City n tte e and Ageffey Counsel, and john Ramirez aeting as Assistant City Mtemey and Assistant Agefle!, , C-etmsel Rutan & Tucker, LLP, the City and Agency hereby agree to pay the following fees: A. Retainer Amount. A flat retainer rate $12,000 per month shall be paid for "Retainersubjeet to evisien the epti n of the City Manager- and the Qty Attemey, and sha4l be refeffed to as the n. 119/015610-0002 89614.03 a06/25/02 B-1 ATTACHMENT 2 Marc Luesebrink 355 N. Trimble Court Lona Beach CA 90814 (562) 856-1450 EDUCATION: UCLA Law School, Los Angeles, CA J.D., May 2001; GPA: 3.5 Editor -in -Chief, Environmental Law Journal Research Assistant, Professor Jody Freeman 2001 Recipient of Hagman Award for Excellence in Land Use Law Yale University, New Haven, CT Masters Degree in Environmental Management, May 1995 Concentration --Natural Resource Policy and Economics Vice -President, Yale Water Resources Association University of California at Berkeley, Berkeley, CA B.S. Conservation and Resource Studies, with honors, May 1992 Kappa Sigma Fraternity, Sports Chair/Philanthropy Chair Study Abroad in Barcelona, Spain 1990-1991 EXPERIENCE: Rutan & Tucker, Costa Mesa, CA Associate, 9/01 to present Perform legal work in the areas of public law, land use law, and water rights law. Jeffer, Mangels, Butler & Marmaro, Los Angeles, CA Summer Associate, 6/99 to 9/99 and 6/00 to 9/00 Performed legal research and writing assignments for attorneys in Land Use, Environment, and Energy Department. California Resources Agency, Sacramento, CA Special Assistant to the Secretary for Resources, 10/95 to 8/98 Assisted Secretary Doug Wheeler to coordinate water and conservation programs under direction of the Resources Agency, including the CALFED Bay -Delta Program, Utility Deregulation Working Group, the Natural Communities Conservation Planning Program, and the Governor's Water Policy Council. Siemon, Larsen & Marsh, Irvine, CA Legal Aid, 6/92 to 8/93 Researched and prepared memoranda concerning environmental regulation and policy. Assisted attorneys with preparation of Habitat Conservation Plans. STA Planning, Inc., San Francisco, CA Research Analyst, 6/89 to 6/90 Prepared sections of Environmental Impact Reports and General Plan Documents. Assisted project managers with research and editing. OTHER: Fluent in Spanish Member, Orange County Water Task Force, 1995-1998 Interests --Basketball, Hiking, Surfing 140 009 ATTACHMENT 3 AMENDED AGREEMENT FOR CONTRACT LEGAL SERVICES THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement"), is made and entered into by and between THE CITY OF LA QUINTA ("City"), a California municipal corporation, the LA QUINTA REDEVELOPMENT AGENCY ("Agency"), a California public entity, and RUTAN & TUCKER, LLP ("R&T") a Limited Liability Partnership, as of July 1, 2000. The parties hereto agree as follows: 1. SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, R&T shall provide general City attorney and Agency legal counsel services, and all necessary additional legal services, as respectively specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference ("Services" or "work"). 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 and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. R&T 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 that it is responsible to provide as required by this Agreement. 119/015610-0002 89614.03 a06/25/02 14) 010 2. COMPENSATION 2.1 Schedule of Compensation. The "Schedule of Compensation" is attached hereto as Exhibit "B" and incorporated herein by this reference. The rates in the Schedule of Compensation shall become effective on July 1, 2000. 2.2 Method of Payment. R&T shall submit to the City on a monthly basis in the form approved by the City's Finance Director, an invoice for services rendered during the prior month. Such invoice shall (1) describe in detail the services provided, including the amount of time spent on the matter, (2) specify each person who has provided services and the number of hours worked by each such person, and (3) indicate the total charges on the matter to date. The City will pay the invoice within thirty (30) days after the date the invoice is received. 3. PERFORMANCE SCHEDULE 3.1 Term. Unless earlier terminated in accordance with Section 6.2 of this Agreement, this Agreement shall commence on July 1, 2000, and shall continue in full force and effect until completion of the Services. The performance of the City Attorney shall be reviewed by the City Council on or about June 30, 2001, and shall be reviewed annually thereafter. 4. COORDINATION OF SERVICES 4.1 R&T as General Counsel. M. Katherine Jenson was designated, effective June 27, 2000, as the City Attorney and Agency's general counsel, and shall have primary responsibility for coordination of all legal services for the City and the Agency. John Ramirez was designated, effective June 27, 2000, as 14 119/015610-0002 89614.03 a06/25/02 -2- oil the Assistant City Attorney and Assistant Agency Counsel. Marc Luesebrink is hereby designated, effective June 25, 2002, as an additional Assistant City Attorney and Assistant Agency Counsel. 4.2 Additional Representatives of R&T. The following additional attorneys of R&T are hereby designated for the Services specified herein: (a) David Cosgrove, as the primary counsel with respect to eminent domain. (b) L. Ski Harrison, as the primary counsel with respect to labor issues. (c) William M. Marticorena, with respect to cable television and bond counsel. (d) Penelope Parmes, as primary counsel with respect to bankruptcy issues. (e) Dan Slater, to assist Ms. Jenson and Mr. Ramirez with regard to redevelopment issues. Substitution of the foregoing attorneys shall be permitted with the consent of the Contract Officer. The foregoing attorneys shall be primarily responsible during the term of this Agreement for devoting sufficient time to personally supervise any other attorneys or paralegals in providing the Services provided by R&T hereunder. 4.3 Contract Officer. The Contract Officer shall be the City Manager of the City or such other person as may be designated by the City Manager. It shall be R&T's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services. 119/015610-0002 _ 89614.03 a06/25/02 _3 -14 1 012 4.4 Prohibition Against Subcontracting or Assignment. R&T 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 and Agency. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntary or by operation of law, without the prior written approval of City and Agency. 4.5 Independent Contractors. Neither the City nor any of its employees shall have any control over the manner, mode or means by which R&T, its agents or employees, perform their respective Services required herein, except as otherwise set forth. R&T shall each perform the Services required herein as separate independent contractors of City and Agency and shall remain at all times as to City wholly an independent contractor with only such obligations as are consistent with that role. 4.6 Insurance. R&T will provide certificates of professional liability insurance for its Services of at least $500,000 per occurrence and one million in the aggregate. 4.7 City and Agency Cooperation. The City and Agency shall provide R&T with any data or information pertinent to Services to be performed hereunder which are reasonably available to the City and Agency and necessary for the provision of such Services. 5. RECORDS AND REPORTS 5.1 Reports. R&T 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. 119/015610-0002 89614.03 a06/25/02 -4- 144 013 5.2 Records. R&T 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. 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. ENFORCEMENT AND TERMINATION OF AGREEMENT 6.1 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 R&T covenants and agree to submit to the personal jurisdiction of such court in the event of such action. 6.2 Termination. This Section shall govern any termination of this Agreement. All parties reserve the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the other party. 7. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 7.1 Non -liability of City Officers and Employees. No officer or employee of the City or Agency shall be personally liable to R&T in the event of any default or breach by the City or Agency or for any amount which may become due to R&T, or for breach of any obligation of the terms of this Agreement. 119/015610-0002 89614.03 a06/25/02 -5- 145 014 7.2 Conflict of Interest. R&T 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. 7.3 Covenant against Discrimination. R&T covenants 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. R&T shall take any necessary 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. 8. MISCELLANEOUS PROVISIONS 8.1 Notice. Any notice, demand, request, consent, approval, communication the parties desire or are 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 8.1. To City or Agency: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Attn: Thomas P. Genovese City Manager To R&T: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Attn: M. Katherine Jenson 119/015610-0002 89614.03 a06/25/02 8.2 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. This Agreement specifically supersedes the prior Agreement for Contract Services entered into by the parties on May 2, 1995. 8.3 Amendment. This Agreement may be amended at any time by the consent of the parties by an instrument in writing signed by all parties. 8.4 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. 8.5 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. ]19/015610-0002 89614.03 a06/25/02 O U14 7 -%- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: June Greek, City Clerk Dated: ATTEST: CITY OF LA QUINTA 2002 By: John J. Pena, Mayor LA QUINTA REDEVELOPMENT AGENCY 2002 By: June Greek, Agency Secretary Dated: Terry Henderson, Chair RUTAN & TUCKER, LLP 2002 By: M. Katherine Jenson, Partner 119/015610-0002 89614.03 a06/25/02 -8- 148 01'7 EXHIBIT "A" SCOPE OF SERVICES I. SCOPE OF SERVICES. A. General. City and Agency employs R&T and R&T agrees to perform all required legal services as City Attorney -- General Counsel to the City and Agency Counsel to the Redevelopment Agency including, without limitation, the following: 1. Regular office hours and coverage of all City Council, Agency Board and Planning Commission meetings. Attendance at other commission, committee or negotiating meetings upon request. 2. Prepare and/or review all ordinances, resolutions and agreements of the City and the Agency. 3. Render such other legal services and advice as required and may from time to time be requested by the City Council or City Manager on any matter affecting the operation of the City and/or the Agency. 4. All litigation matters concerning the City and/or Agency. B. Retainer Services. R&T agrees that it as part of its retainer, it shall provide, through the services of M. Katherine Jenson or John Ramirez, office hours at City Hall for two days each week, inclusive of coverage of all regular City Council, Agency and Planning Commission meetings (the "Retainer Time"). It is currently anticipated that as a general rule, M. Katherine Jenson will attend Council and Agency meetings, and that Mr. Ramirez and/or Mr. Luesebrink will attend the Planning Commission meetings. II. ADDITIONAL SPECIAL SERVICES. A. Litigation. The City and Agency hereby retain R&T to perform litigation services for City and Agency and the services necessary relating to threatened litigation. B. Special Municipal Services. The City and Agency hereby employ R&T to perform specialized legal services for the areas of labor, cable television, bankruptcy, and general municipal on an as needed basis. 14'� 119/015610-0002 1 '� 89614.03 a06/25/02 A-1 C. Bond Counsel. R&T agrees to perform all requested legal services as Bond Counsel to City including without limitation the following: 1. Assessment Districts. In regard to assessment proceedings pursuant to the Municipal Act of 1913 with bonds issued pursuant to the Improvement Bond Act of 1915 or the 1911 Act, City employs R&T to furnish, and R&T agrees to furnish, the following legal services: a. Attend meetings with the City staff and consultants to formulate the financing. b. Examination of the map of the assessment district, the assessment roll and diagram, the bonds, and the giving of instructions and advice in connection with the foregoing. C. Preparation of all resolutions, notices, contracts, bond forms, and other legal papers and document required in the proceedings. d. Attendance at the hearing on the assessment district and at such other City Council's meeting at which any action in the proceedings is to be taken and attendance is requested. e. Examination of the proceedings, step by step, as taken. f. Supervise the closing. g. Issuance of Contractor's legal opinion upon the validity of the proceedings and the bonds issued to represent unpaid assessments. 2. Pre -assessment Proceedings. If pre -assessment proceedings are taken, R&T will prepare all resolutions, notices, and other documents required, attend the pre -assessment hearing and prepare the resolutions, notices and other documents for the election. 3. General Obligation Bonds. In connection with the issuance of general obligation bonds, R&T agrees to draft all resolutions, notices and other documents, attend such meetings of the staff and City Council of the City as may be necessary to complete an election for the authorization of the bonds and the issuance of the bonds if authorized. R&T will work with the City staff and its consultants to determined the best method of marketing the bonds, draft all resolutions, notices and other documents for the sale of the bonds, attend such meetings of the staff and the City Council of the City as may be necessary to complete the sale of the bonds, prepare closing documents, supervise the closing and issue R&T's legal approving opinion on the bonds. 1,� r 119/015610-0002 89614.03 a06/25/02 A-2 n l 9 4. Certificates of Participation. The City's joint exercise of powers will be utilized to issue certificates of participation. R&T will attend the meetings of the City Council of the City and the Board of Directors of the Authority as may be necessary in connection with the certificate of participation transaction, prepare documents necessary to lease the land or facility to be improved and the leaseback of the improved facility, the trust agreement, the bond sale documents, the certificates, the closing documents, attend and supervise the closing, and issue a legal approving opinion to the purchaser of the certificates. 5. Mello -Roos County Facilities Act of 1982-Bonds. This part relates to the formation of a Community Facilities District ("District") and the bonds to be issued in connection with that District. Such services shall include but not be limited to meetings with the City staff and its financial consultant, attendance at City Council meetings, the drafting of resolutions, notices and other documents required for the formation of the District, the special tax and bond authorization election, and for the issuance of the bonds, if determined necessary by Bond Counsel, the uncontested validation of the special tax if determined necessary by Bond Counsel, the preparation of the closing documents and the rendering of a legal opinion. 6. Redevelopment Bonds. R&T will prepare all documents for the issuance and sale of the tax increment bonds, including the resolutions for adoption by the City Council, the Agency, and if a financing authority is to be used, the resolutions to be adopted by the Authority, the trust agreement, bond sale documents, and the closing documents. R&T will supervise the closing and issue its legal approving opinion on the proceedings. 151. 119/015610-0002 020 89614.03 a06/25/02 A-3 EXHIBIT "B" SCHEDULE OF COMPENSATION I. CITY ATTORNEY AND AGENCY COUNSEL. For services rendered by Rutan & Tucker, LLP, the City and Agency hereby agree to pay the following fees: A. Retainer Amount. 1. A flat retainer rate $12,000 per month shall be paid for: (a) For Council Meeting Weeks: On Council meeting Tuesdays, the hours at City Hall shall be 10:00 a.m. until the end of the meeting, and 8:30 a.m. until noon, and then from 1:00 p.m. to 2:00 p.m. on the following Wednesday. These hours will generally be handled by Ms. Jenson unless she is ill or otherwise unavailable. (b) For Planning Commission Weeks: On the Tuesday of the Commission meeting, the hours at City Hall shall be 4:00 p.m. until the end of the meeting. These hours will be handled by one of the Assistant City Attorneys or by Ms. Jenson. (c) In lieu of the office hours for Planning Commission Weeks, 19 hours of additional attorneys services shall be included in the retainer account per month. These may include additional office hours at City Hall, other meetings on City/Agency business, or attorney hours worked at Rutan & Tucker's offices. (d) With the consent of the City Manager, the City Attorney may occasionally adjust the City Hall hours to accommodate scheduling needs. B. Additional Amounts for General City Attorney Services. 1. All hours for general attorney services (in addition to the Retainer Time) shall be billed at $170 per hour for attorney services, $95 per hour for all paralegals, and $40 per hour for document clerks. II. SPECIAL SERVICES RATES. For special services rendered by R&T, the City and Agency agree to pay the following fees: A. For services rendered in connection with any litigation or threatened litigation matter as described in Section II.A. of Exhibit "A," the following fees shall apply: 119/015610-0002 89614.03 a06/25/02 B _ 1 15 n�� 1. $190 per hour for all partners. 2. $160 per hour for all associates. 3. $95 per hour for all paralegals and $40 per hour for all document clerks. B. For services rendered in connection with other special legal services, such as labor, telecommunications, redevelopment, hazardous and toxic materials, but not including bond services, the following fees shall apply: 1. $180 per hour for all partners and for Dan Slater. 2. $150 per hour for all associates. 3. $95 per hour for all paralegals. C. Bond Counsel. For services rendered by R&T acting as Bond Counsel to City and Agency, the City and Agency hereby agrees to pay the following customary fees. One percent of the first $1,000,000 of any issuance amount, plus one-half percent of the issuance amount between $1,000,000 and $5,000,000, plus one-fourth of one percent of the issuance between $5,000,000 and $10,000,000, plus one -tenth of one percent of the amount of issuance over $10,000,000. A minimum fee of $25,000 will be charged for all bond issuances. D. Costs. All travel time shall be billed (except for conjunction with Retainer Work or Bond Counsel work) but no travel charges to the desert area (i.e., mileage or hotel) shall be charged. Charges for travel outside the Riverside or Orange County area will be subject to approval by the City Manager. No long distance telephone charges within the Orange and Riverside County areas would be billed. All other out-of-pocket charges (i.e., copying at $.19 per page, Lexis or Westlaw charges, telecopying, messenger charges) shall be charged at standard rates. E. Reimbursement Rates. For all matters for which the City or Agency is entitled to reimbursement for R&T's services from third parties, R&T's rates shall be its standard applicable rates. If the City is unable to obtain reimbursement for any reason, the City or Agency shall be credited with the differential between the above scheduled rates and the standard rates, or shall be entitled to a refund of the differential, at its or their option. 1.53 119/015610-0002 B-2 89614.03 a06/25/02 Tityl 4 ZP Q" COUNCIL/RDA MEETING DATE: ,July 2, 2002 Authorization for Overnight Travel to the 2002 PGA Fall Expo to be held in Reno, Nevada from July 31, 2002 to August 3, 2002 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: /0 Approve authorization for overnight travel for up to three members of the Redevelopment Agency and two staff members to attend the 2002 PGA Fall Expo to be held in Reno, Nevada from July 31, 2002 to August 3, 2002. FISCAL IMPLICATIONS: The fiscal implications will depend upon the number of attendees, the hotel chosen, the number of educational sessions selected, and if a rental car is deemed necessary. Attendees from the City would be considered "Buyers," and therefore, Expo attendance is free. The cost of the educational sessions vary from $75 to attend two educational sessions, $99 to attend the ASGCA golf course remodeling session, to $150 to attend an unlimited number of sessions, including the ASGCA remodeling session. There are several hotels located near the Expo site. The "Atlantis" is directly across from the Expo site, and rates are $109 per night. The "Peppermill" is one mile away from the Expo site, and has a floating rate of $79 for Sunday -Thursday and $109 for Friday -Saturday. The "Silver Legacy" also has a floating rate of $79 for Sunday -Thursday and $1 15 for Friday -Saturday. All rates are before transient occupancy tax, which is 12%. Airfares vary, depending on time and airport chosen (i.e., Palm Springs or Ontario); however, an average estimate would be $250 round trip. If a rental car is desired, the average cost is $30.00 per day for a mid -size car (e.g., Chevrolet Cavlier). 15 .z The estimate provided below is based on one person, airfare, four -night hotel stay at the closest hotel, and unlimited session attendance. Airfare $250 Hotel $488 (including tax) Conference Sessions $150 Meals $300 Total per person $1,188 If five people were to attend (two staff members and three RDA Board members), the total cost would be $5,940. Car rental would increase the cost to $6,060. Adequate funds have been budgeted in Redevelopment Agency Project Area No. 1 in Travel, Training, and Meetings, account number 405-902-637-000. BACKGROUND AND OVERVIEW: The Professional Golfer's Association (PGA) is holding its annual Fall Expo in Reno, Nevada from July 31, 2002 to August 3, 2003. The Expo includes educational sessions, a trade show, panel discussions for buyers and retailers, and hands-on demonstrations. Information from the PGA website is included as Attachment 1. This show is of particular interest to the Agency, as it has recently purchased land to develop a municipal golf course. The Expo would be an ideal venue for networking with golf professionals, designers, and retailers. It is anticipated that the City Manager and Director of Community Development would attend, as well as interested Redevelopment Agency Board members. FINDINGS AND ALTERNATIVES: The alternatives available to the Redevelopment Agency Board include: 1. Approve authorization for overnight travel for up to three members of the Redevelopment Agency and two staff members to attend the 2002 PGA Fall Expo to be held in Reno, Nevada from July 31, 2002 to August 3, 2002; or 2. Do not approve authorization for overnight travel for up to three members of the Redevelopment Agency and two staff members to attend the 2002 PGA Fall Expo to be held in Reno, Nevada from July 31, 2002 to August 3, 2002; or 3. Provide staff with alternative direction. Respectfully submitted, �alCAL_ Mark Weiss, Assistant Executive Director Approved for submission by: Thomas P. Genovese, Executive Director Redevelopment Agency Attachments: 1. 2002 PGA Fall Expo Information Packet PGA Fall Expo -an all-inclusive golf exhibition for golf products,apparc ATTACHMENT 1 June 21, 2002 Home 40 days 'til showtime help Don't miss the 2002 PGA FALL EXPO! July 31 - August 3, 2002 Reno Sparks Convention Center Reno, Nevada The PGA Fall Expo is completing its first stage of an exciting evolution, and is developing into an event that transcends a traditional trade Show, including education and panel discussions for buyers & retailers, as well as hands- on demonstration areas and hundreds of exhibitors. The PGA Fall Expo is committed to a Show for the west, fall buyers. Show Dates July 31 - August 2 - Educational Conferences August 2 - August 3 - Golf Demo Days August 2 - August 3 - Exhibits Show Hours Friday, August 2 - Saturday, August 3: 9:00am-5:30pm mic Attendee Registration Hours: Registration opens daily at 8:OOAM. Click on the "Register Now" button to register for the show and conferences. Register now to be eligible fo golf vacation package! Have more questions or need additional information? Click here to visit PGA.com. The Reno/Sparks Con► GA Merchant 15i 005 http://www.pgafallexpo.c.../homepage.cfm?noBanRefresh=0&moduleid=42&appname=10003 6/21/02 GOtr[fjs, Fall Expo orAME1l\a 2002Gt' 4 Ways to Register! On•Une At: www.pgaexpo.com Phone: (800) 840-5628 Fax: (972) 620-3099 Mail: 2002 PGA Fall Expo/ARI 1515 Champion Drive, Suite 100 Carrollton, TX 75006 Questions? Call 1-800.84"628 or 1.203.840.0828 PGA Badge Policy: THE PGA SHOW BADGE IS NOT TO BE GIVEN OR HOLD TO ANOTHER INDIVIDUAL Should misuse or abuse be brought to the attention of Show Management, PGA Golf Exhibitions/ Reed Exhibition Companies reserves the right to reclaim the badge, without obligation of refund any payment for said badge, and refuse that individual further entry into the PGA Show. No one will be admitted to the PGA Show without an official PGA badge. Solicitation of any kind Is strictly prohibited. You must complete 1-3 to register: 1. Indicate Your Title Please check only one ❑ A. Golf Professional ❑ B. Owner/CEO/President ❑ C. VP/GM/Director/Management ❑ D. Buyer (General) ❑ E. Importer/Exporter ❑ F Coach/Teacher ❑ G. Tournament Director/Organizer ❑ H. Architect/Developer ❑ I. Superintendent ❑ J. Independent Sales Rep (Affiliated with an exhibitor) ❑ K. Other (specify) 2. Areas of Interest ❑ A Accessories ❑ L. Facilities/Clubhouse Needs ❑ B. Apparel ❑ M. Food a Beverage ❑ C. Arf./lewelry/Gifts ❑ N. Footwear ❑ D. Associations ❑ 0. Healthcare Products ❑ E. Awards & Services ❑ F. Bags & Luggage ❑ P. Instruction ❑ G. Balls & Ball Accessories ❑ Q. Professional Services ❑ H. Carts & Cars ❑ R Printing & Printed Materials ❑ I. Clubs/Club Accessories/ ❑ S. Range and Practice Components Equipment ❑ T. Travel & Tourism ❑ J. Computer/Web/Technology ❑ U. Other (please specify) ❑ K. Course Maintenance/Turf ❑ V. All of the Above rI I Ir r Prefix (Mr., Mrs., Dr) First Name Last Name July 31 - August 2, 2002 - Educational Seminars August 2 - August 3, 2002 - Golf Demo Days & Exhibits The Reno/Sparks Convention Center Reno, Nevada Registration Form ri Title t Company Mail Stop/Dept(Division Address city State/Province ZIP/Postal Code Country Phone (Do NornMude intumdonol dialing code) Fax (Do NOT indude intematioml diu6ng code) E-Mail ❑ Check here R you have a disability that requires special assistance. You will be contacted. Shuttle service provided at all official hotels. IB 3. Business Classification Choose ONLY one: BUYERS or NON -BUYERS: ❑ Buyers - Buying Responsibility for: ❑ A. Private Course ❑ B. Public Course ❑ C. Semi -Private Course ❑ D. Management Group ❑ E. Off -Course Golf Shop or Chain (Goff Speck) ❑ F. Retail Shop or Chain (not Goff Speciric) ❑ G. Goff Range ❑ H. Corporation/Group ❑ I. Independent Sales Rep (Affiliated with an exhibitor) ❑ J. Website ❑ K. Military ❑ L. Other (specify) ❑ NonAuyors - If you are NOT a buyer, how are you affiliated with the industry: (Choose one response M-V) ❑ M. PR/Advertising Agency ❑ N. Golf Consultant* ❑ 0. Goff Manufacturer* ❑ P. Supplier* ❑ Q. Distributor* (not with an exhibitor) ❑ R. Business Agent/Manager" ❑ S. Financial institution/Resource ❑ T. Golf Sales Representative" (not with an exhibitor) ❑ U. Non -editorial Media" ❑ V. Other (specify) *S 100 per person. Section 6 (below) must be completed Attendees must be able to show proof of golf Industry or retail affiliation at Registration. Non -PGA family members must be registered on -site. A $50 visitors fee will be applied. All children over 12 must wear a badge. 4. Associations (optional) ❑ A ASGCA (architects) ❑ H. NGCA (coaches) ❑ B. AGN (merchandisers) ❑ I. NGCOA (owners) ❑ C. CMAA (managers) El J. NGBA (buyers) ❑ D. GCAA (coaches) ❑ R. PCS (dubmakers) ❑ E. GCSAA (superintendents) ❑ L. NCA (managers) ❑ F. GRAA (range) ❑ M. NGSA (reps) ❑ G. IAGA (administrators) ❑ N. Other 5. Golf Professionals Only ❑ A PGA Member - [I B. PGA Apprentice/Head Professional" ❑ C. PGA Apprentice" ❑ D. PGA Student"" ❑ E. PGA Sectional Personnel ❑ F International PGA Member ❑ G. LPGA Member ❑ H. PGA Other (non PGA or LPGA pro) [11. Allied Association Member "PGA Member Number Required: "PGA Members may also register. PGA PGA Designated Family Buyer: Member: _ ❑ J. ❑ K. _ ❑ J. ❑ K. _ ❑ J. ❑ K. _ ❑ ). ❑ K. _ ❑ J. ❑ K. Guest (limit 2): no Privacy Statement: We collect this data in order to provide you with information about PGA Goff Exhibitions and other companies in your industry. If you prefer not to receive further information, please see our Privacy Statement at www.pgaexpo.com or call our Privacy Administrator at 888-3D6-2344, or from outside the US at 203-840-SBIO. S. Method of Payment $100 fee Is applicable to all NON-BUVER attendees In category I3, Af-V. Total:$ Name(a ifappears oncam) ❑ MasterCard ❑ VISA Card Nlrmba ❑ American Express ❑ Check JF Q agree to pay the total amount according to my credit card issuer agreement Cancellation policies apply) Fip-abon Dale SwAre 006 PGA Fall Expo -an all-inclusive golf exhibition for golf products,apparel & services inclu.. Page 1 of 2 JULY 31 - AUGUST 3, 2002 * RENO SPARKS CONVENTION CENTE June 21, 2002 Register Now 40 days 'til showtime help Register now for the 2002 PGA F " July 31 - August 1: Educational Conferences August 2 - August 3: Golf Demo Days August 2 - August 3: Exhibits Take advantage of one of the following ways to register for the 2002 PGA Fall Expo: . To Register Online, click on the appropriate category below: ATTENDEES PGA MEMBERS EXHIBITORS INDEPENDENT REPS o Print a Registration Form Click here to download a registration form. You will need Ad Acrobat to view and print the Application. This will take a m download. Thank you for your patience. o Request a brochure If you would like to have a brochure sent to you, or you neE information about the Show, click here. Conference (July 31 - August 1, 2002) Click Here See a Full Course Schedule and Register Today fO� conferences, seminars, and panel discussions by PGA Magazine, C Golfworld Business, Golf Business, the GRAA and more! Buyers Attendance at the 2002 PGA Fall Expo is free of charge to golf indWs e J professionals and retailers who pre -register by June 30, 2002. Folha%') examples of approved buyers: o Retailers o PGA members o Allied Golf Associations y - Golf Course Owners /Managers/I)eveloperg 15 0� 007 http://www.appcluster09.com/app/homepage.cfm?moduleid=323&appname=100038 6/21/02 PGA Fall Expo -an all-inclusive golf exhibition for golf products,apparel & services inclu.. Page 2 of 2 Back to Top o Superintendents o Corporate buyers o Independent Sales Reps Non -Buyers There is a $100 charge per person for professionals providing ser%/ (P5 ka _v-_c.golf industry (but are not buyers) who pre -register by June 30, 200.P.7p,4- on-site registration fee for non -buyers is $120*. Non -buyers includ.v, 6,4+0'-e not limited to, the following categories: o Advertising agencies o Suppliers, etc. This Show is not open to the public. You must show some t buyer status or industry affiliation on -site in order to enter Family members and guests can be registered by a badged atten&AAR- o-4 -show for $50 a person. PRESS/MEDIA Please note that online registration is for non -editorial media only editorial media must request media credentials. Email Allyson Tra request media credentials at atravis@reedexpo.com. Privacy Policy I Copyright Statement I Reed Jobs I Reed Corporate Site I Reed Elsev: U.Reed Exhibitions 160 00 http://www.appcluster09.com/app/homepage.cfm?moduleid=323&appname=100038 6/21/02 WLeTt"u-Ps II vij I all 011 THE ATLANTIS 3800 South Virginia Street Reno, Nevada Single or Double Occupancy: All Nights: $109.00 Atlantis, a tropical paradise with indoor wafter features and lush foliage, offers 1000 of the newest, most spacious and beautifully appointed guestrooms and suites and Reno s only hotel Concierge Tower. Located directly across from the Reno -Sparks Convention Center, Atlantis has state of the art gaming action and entertainment that accent the total Reno experience. THE SILVER LEGACY 407 North Virginia Street Reno, Nevada Single or Double Occupancy: Sunray -Thursday: $79.00 Friday & Saturday: $11.5.00 Located in the heart of downtown Reno and just five miles from the Reno Sparks Convention Center, Silver Legacy Resort Casino offers then- guests over 1700 beautifully appointed Victorian theme rooms including 150 spa suites and two floors of penthouses, long with a election of hospitality SUItCs. The Silver Legacy is equipped with a full service Executive Business Center, complete with faxing, hotocopying, package handling, internet access, and secretarial aid to help with all your business travel needs. 5 r16ltt0 a-Wat� ttiaa —5)1 -44-1t SzrJ;CL all Exuo 2002 2707 South Virginia Street Reno, Nevada Single or Double Occupancy: Sunday -Thursday: $79.00 Friday & Saturday: $109.00 The Peppermill is famous for great food .and first- class service. The close proximity to Reno Tahoe International Airport, major shopping malls, golf courses, and the Reno -Sparks Convention Center makes the Peppermill the ideal gathering place. The Peppermill Hotel Casino offers airport shuttle service every 30 minutes from Sam to 12 midnight, 7 days a week. 1 r"i l.e. Q-Ujo- j _ Yla �~ (YU 9 PGA 1 o July 31—August 3, 2002 The Reno/Sparks Convention Center, Reno, Nevada Reserve Your Rooms www.pgaexpo.com When e-mailing pgaexpo@ttgonline.com, please O include all information requested on this form. ❑ Attendee ❑ Exhibitor HOTELS: Enter the name of the hotel you prefer (list two preferences). (See reverse for list of hotels/rates.) DEADLINE: June 17,2002 Housing Opens: February 4, 2002 Deposit: Reservations will not be processed without a guarantee of 1 night room and tax. Deposit is non-refundable after June 17, 2002. Cancellations: Prior to June 17th, all cancellations will be subject to a $25 fee. After June 17th, the cancellation fee is one night's room charge plus tax. PRICES: The Atlantis: (Single or Double Occupancy) All Nights: $109.00 The Peppermill: (Single or Double Occupancy) Sunday —Thursday: $79.00 Friday & Saturday: $109.00 The Silver Legacy: (Single or Double Occupancy) Sunday —Thursday: $79.00 Friday & Saturday: $115.00 1 2. ROOM INFORMATION: Please supply the names of all persons to occupy room/s and type of room. (Please print clearly.) Room Number 1 ❑ Single ❑ Double — 1 bed ❑ Double — 2 beds ❑ Smoking ❑ Non-smoking Arrival Date: / / Departure Date: (M/D/Y) (M/D/Y) If more than 2 rooms are required, please copy this form. DEPOSIT INFORMATION: ❑ Guarantee with credit card: Card Type I I I I I I II I I l I I Card Number I I month I year Expiration Date Room Number 2 ❑ Single ❑ Double — 1 bed ❑ Double — 2 beds ❑ Smoking ❑ Non-smoking Arrival Date: / / Departure Date: (M/D/Y) (M/D/Y) at www.pgaexpo.com ❑ Send Confirmation to: (Please print clearly.) I I I I I I I I I I I I I I I I I I I I I I Name Company I I I I I I I I I I I I I I I I I I I I I 1 Street Address I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Name City State Zip Signature Today's Date My signature above authorizes TTG to charge my credit card for the deposit amount I I I I- I I I (- Telephone (include area code) specified by PGA Golf Exhibitions. Fax ❑ Make all checks payable to: TRAVEL TECHNOLOGY GROUP. Rooms will not be reserved until deposit is received. Email Checks must be received no later than June 17, 2002 Contact the Travel Desk: Or Mail/Fax this Form to: Deposit is non-refundable after June 17, 2002 Internet: www.pgaexpo.com PGA Golf Exhibition/TTG E-mail: pgaexpo@ttgonline.eom I. 10 West Hubbard Street Privacy Statement: We collect this data in order to provide you with information about Fax: (312) 329-9513 Chicago, IL 60610 1601 PGA Golf Exhibitions and other companies in your industry. If you prefer not to receive further P}tone: (800) PGA -EXPO information, please see our Privacy Statement at www.pgaexpo.com or call our Privacy Int'I: (312) 527-7300 Administrator at 888-306-2344, or from outside the US at 203-840-5810. PGA Fall Expo -an all-inclusive golf exhibition for golf products,apparel & services inclu.. Page 1 of 2 June 24, 2002 Conference 37 days 'til showtime help • Search Speakers PGA Fall Expo Conference • Conference at July 31 - August 1, 2002 a Glance • Search Sessions The 2002 PGA Fall Expo is all about inspiring your business and expec4,��,�re. • Wednesday, With insightful seminars, conferences, and panel discussions, PGA Fall FfPO c s surf July 31st to inspire you. Register today for conferences, seminars, and panel discuss.a,l?, • Thursday, August 1st Click here to _register! • Golfweek Panel Discussion, hosted by Jim Achenbach, on Tech mI�g��: Where are we? where are we going? • Duane Knapp, author of The Brand Mindset and retailing consultor) on Thinking Like a Genuine Brand as a Golf Retailer and Developing CA. BrandPromise for your Retail Operation • Panel Discussion on Alternative Profit Centers for Golf Courses anCL R4 vl3e5 sponsored by GRAA/Golf Range Magazine • Strategic Planning Workshop for Golf Professionals, by Jerry McCc�y,�rsidfV4 of Clubwise • Business Management by Tom Shay, author of 100 Profits+Plus Id-P-as • Hank Plotkins, author of Building a Winning Team, will present Bui ict�•�� 0. Winning Team, an interactive workshop to help management build cam, profitable team • Intellectual Property, by Michael Lafeber of Briggs & Morgan law fir m • ASGCA Remodeling University - The American Society of Golf Course - Architects (ASGCA) presents its acclaimed educational symposium ser; QS) Remodeling University. Developed in cooperation with The Toro Comma. n j, this "Short Course to a Better Course" is perfect for any golf cour5t, de6slDn• maker currently involved in the remodeling process or thinking of r0-00(eh their course in the future. Included in the full conference fee or $99 4,o a� , just this course ($74 for PGA and ASGCA Members). For informal on On course only, click here. 163 nib_ http://www.appcluster09.com/app/homepage.cfm?moduleid=554&appname=100038 6/24/02 PGA Conference Page 2 of 3 bow Conference Pricing Information PRICING Up to 2 Sessions: Full Conference Pass*: ASGCA Conference Pass: * Includes unlimited sessions (including ASGCA). PGA Fall Expo - Conference Schedule Conference Sessions: r FULL CONFERENCE: * Includes unlimited sessions (including ASGCA) l' ASGCA Conference Pass !' SINGLE SESSIONS: Choose your sessions below. Wednesday, July 31, 2002 10-11 am noon-1 pm Room A-7 r' Making the right merchandise decisions, Marty Hackel. Sponsored by Golfworld Business Room A-8 I— Building a Winning Retail Team, Hank Plotkin Room A-9 Thursday, August 1, 2002 10-11 am 11-noon Room r Protect Your f Golf A-7 Intellectual Instruction, Property Health Trends (patents, & Fitness, Rick \A_1:._- 1-2pm (— Learn to Leverage eBay's Online Marketplace, presented by eBay Golf (— Small businesses don't die, they inadvertently commit suicide!, Tom Shay r Thinking Like a Genuine Brand as a Golf Retailer, Duane Knapp 2-3pm r Golf Datatech: Vendor Satisfaction Study, sponsored by Golfweek r Golf Instruction, Health Trends & Fitness, Rick Martino, sponsored by PGA Magazine 1-2pm 2-3pm r Making the r- Teaching & Right Lesson Merchandise Strategies, Decisions & sponsored by Per Person $75 $150 $99 F' 3-4pm r Developing a BrandPromise for your Retail Operation, Duane Knapp r How to Achive Above & Beyond Service, Hank Plotkin 3-4pm r Learn to Leverage eBay's Online Marketplace, 164 https://ss1-031.imconline.net/g2e/pgaconf reg.asp 6/24/02 OIL PGA Conference Page 3 of 3 copyngnts, iwartino, trademarks, sponsored by etc.), Michael PGA Magazine Lefeber Room r Pricing r Panel A-8 Strategies for Discussion., Profit, Tom sponsored by Shay Golfweek Technology: Where are we now? Where are we going? Room r Understanding r The Profit A-9 the Potential of Membership Golf Perspective, Merchandising, Jerry McCoy Vivki Bernstein. Sponsored by Golf Business V-.. uispiay now- To's, Marty Hackel. Sponsored by Golfworld Business r Panel Discussion, sponsored by GRAA: Alternative Profit Centers Payment Method V MAA r How to spot the Future Trends?, Haysuhn Hahn r Strategic Planning Workshop for Golf Professionals, Jerry McCoy presenrea oy eBay Golf r Upgrading or Adding a Range to an Existing Course, sponsored by GRAA r Strategic Planning Workshop for Golf Professionals, Jerry McCoy Payment Option: r Charge My Credit Card Entered Below t- I will call you with my credit card info. Charge to my: r American Express r Mastercard (- Visa Account Number: F Expiration Date (MM/YY): I Card Holder Name: Signature: r (By checking the box, I agree to pay the above amount according to my card issuer agreement.) 0 KI I MA 165 U1 � https://ssl-03l.imconline.net/g2e/pgaconf reg.asp 6/24/02 PGA Fall Expo -an all-inclusive golf exhibition for golf products,apparel & services inclu.. Page 1 of 2 June 24, 2002 General Information > 37 days 'til showtime help Golf Demo Days Friday, August 2 - Saturday, August 3, 2002 Wildcreek GC and Lake Ridge GC • Attendee Questions sponsored by IW • News & Press Golf Demo Days at the PGA Fall Expo offer hands-on product demonstrations courses. Buyers can get a feel for clubs and accessories by testing the latest in3o)- _ equipment at our two golf demonstration areas. Peter Johncke, the "Trick -Shot Master," will be performing at Wildcreek on Aug. 2-3pm and August 10-11am. Complimentary round-trip shuttle transportation from the Reno Sparks Converl4� 13n Center will be provided. Shuttle buses will run a continuous loop from the Cor \)04ibn Center to the courses every 15 minutes. List of Participants Aldila, Inc. Feel Golf Kinesys Sport MaxFli Mitchell Golf Equipment Company Montgomery Golf Corp. Nicklaus Golf Equipment Co., L.C. Nike Golf Proderma Skin Care Trinity Golf 166 01 http://ww... /homepage.cfin?noBanRefresh=0&Linkid=5696&moduleid=327&appname=10003 6/24/02 T-iht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: / COUNCIL/RDA MEETING DATE: July 2, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of a Facility Use Request by the Coachella Valley Recreation and Park PUBLIC HEARING: District for Use of the Fritz Burns Trailer RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: There will be indirect fiscal implications with the use of the Fritz Burns Trailer by the Coachella Valley Recreation and Park District, such as increased utility costs and repairs due to wear and tear on the facility. Actual costs are unknown at this time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Coachella Valley Recreation and Park District (CVRPD) has requested the use of the Fritz Burns Trailer from September 2002 through March 2003 to offer the Tiny Tot and after school programs. This request is provided as Attachment 1. Because the La Quinta Community Center located at Frances Hack Park is being reconstructed, CVRPD is unable to conduct these programs at the site. The City of La Quinta does not have a Facility Use policy for the Fritz Burns Trailer; however, CVRPD has used the facility to offer a six week Tiny Tot program in the past, with the agreement that CVRPD would pay for the increased utility costs. The City has provided CVRPD with a storage room, solely for their use, at the Fritz Burns Trailer that can be used to store equipment. The request by CVRPD represents approximately 1050 hours of use. During the time frame requested by CVRPD, the Community Services Department will be offering evening and holiday programs. Should the City Council approve the use of the Fritz Burns Trailer by CVRPD, the Community Services Department would request that CVRPD leave the facility in a condition that would allow use during the evening, weekend and holiday hours. 167 Discussion between City staff and CVRPD has taken place regarding the possibility of the City using the La Quinta Community Center once construction is complete, in exchange for CVRPD's use of the Fritz Burns Trailer. CVRPD staff has stated that should the City Council allow the use of the Fritz Burns Trailer, the CVRPD Board of Directors will then consider the City's request to use the La Quinta Community Center. Staff is requesting to use the Community Center on the first and third Friday of each month from 6:00 p.m. to 11:00 p.m., and from 3:00 p.m. to 1 1:00 p.m. on the third Saturday of each month for twelve months. This request totals approximately 676 hours of use by the City. During the time requested, the City will offer teen programs and other community events at the Community Center. It is anticipated the programs planned for the facility would generate fees to cover the cost of the program. Although CVRPD has requested the use of the Fritz Burns Trailer to provide the after school program, CVRPD would have to first receive clearance from the state licensing department to conduct the program at the facility. This includes a waiver of conditions from the state. Should the waiver by the state not be granted for the after school program, CVRPD would use the facility only for the Tiny Tot program. Staff would request the use of the La Quinta Community Center for an equal amount of time, to compensate for the use of the Fritz Burns Trailer. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the use of the Fritz Burns Trailer by CVRPD for the Tiny Tot and after school program contingent upon a reciprocal agreement for the City to use the La Quinta Community Center for specified hours and dates; or 2. Approve the use of the Fritz Burns Trailer by CVRPD for the Tiny Tot and after school program contingent upon a reciprocal agreement for the City to use the La Quinta Community Center for alternative hours and dates; or 3. Do not approve the use of the Fritz Burns Trailer by CVRPD for the Tiny Tot and after school program; or 4. Provide staff with alternative direction. Respeclully sultnitted, Do ie Horvitz, C mm nity Services Director 168 002 S:\Community Services\CCReports\CC.203.CVRPD USE OF TRAILER.wpd Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Facility Use Request by CVRPD 163 S:\Community Services\CCReports\CC.203.CVRPD USE OF TRAILER.wpd ATTACHMENT 1 Coachella Valley Recreation Park District May 30, 2002 Mr. Tom Genovese, City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 02253 Dear Tom; General Mi anager Supanntendent As you know, the Coachella Valley Recreation & Park District currently has a $2.2 million dollar renovation project underway at the Frances Hack La Quinta Community Park. Summer construction will include leveling of the current community center and the beginning phases of a new 6,000 square foot community center. The District is anxiously awaiting the March 2003 completion of this state of the art complex, however, in the interim we have two fall programs that we are desperately looking to relocate. Our present tiny tot program has 36, three to five year old La Quinta children that meet three days a week from 8:30 — 12 noon. The community services department has granted us summer usage of the Fritz Burns Park trailer thru the end of July. Our request as attached will be for September through March 2003. We are also desperately looking for a facility to relocate our licensed after school child care program of 25 Adams elementary students. This program runs from 12:30 pm to 6pm Monday — Friday except school holidays. The students would be walked from Adams down to the Fritz burns park for the program. Again, this request will be from September through March 2003. Because the YMCA is also a licensed facility, they have already been granted use of the multipurpose room at Adams school and therefore, we are unable to have two licenses at one facility. In the event the City of LaQuinta does approved this request, the District will still have to go through licensing inspection to transfer our license to a new facility. 1"r0 U5 Mr. Tom Genovese, City Manager City of La Quinta Page Two June 3, 2002 It is our hope that the City of La Quinta can help relocate these children to the Fritz Burns Park. Thank you in advance for your consideration, Sincerely, Don Martin, General Manager DM/lm Enc. Facility Use Permit (2) Cc: Kay Ladner Dodie Horvitz 171 City of La Quinta FACILITY USE PERMIT Community Services Division Permit ) Contact Contact For Office Use Only Date Fled Redd by Amt. of fee $ Deposit $ Check(Cash? ReceiptM F itit R t rrrz ') sports complex Field Number(s) 'Snack Bar Restrooms 'Lights_. 'PA__ 'Bases ._ 'Diamond Prep Fritz Burns Community Park Tennis Complex Court Number(s) 'Court Prep — Eisenhower Minipark'Electricity 'indicates need for staff (additional cost) Tim 1 Date s / Time s Activity Information Yes No Open to the Public _ /P Admission Charged _ If yes, amount charged $ Adults_ Childrefi�� A n l k^ Fundraising Activity _ _ If yes, please explain below Alcoholic Beverages _ —If yes, go to Council and get ABC permit (3.4 week process) Food and Beverages _ _If yes, describe below Amplified Sound _ _If yes, describe below Estimated Attendance Adults Teens Children (underl3) The undersigned has received and understands the rules and regulations for the City of La Quints facility selected above, and agrees to abide by such rules and regulations. The undersigned agrees to clearly and accurately convey the rules and regula- tions to all members in their party. The undersigned further certifies that the information provided above is true. The undersigned comprehends that this Application will be considered approved only when the indicated fees have been paid, and the Parks and Recreation ger, or hiSS—�/th{'�}ee�'r has signed the authorizing signature on this form. I I A, J l"K I�, 6 0 1 i' n A ✓iT) lJ I i,)7 ✓ If 0 n' 111L l iij i Community Services Office Only Class 1 II III IV (Please circle one) Approval Needed by: Planning_ Police_ Fire_ Finance_ Council_ Current Certificate of Insurance Yes_ No_ Limit Req'cL Date Rec'd Fees and Deposits (perQty of La Quinta FAA Schedule . OW hourly or flat fee assessment) Facility Assessment - court, field, or park rental $ Snack Bar Field Lights Announcing System Diamond/Fiekl/Court Prep/ Staff time Restrooms Bases Deposits (Security, Cleanup, Bases, Alcohol) TOTAL DUE $ 172- v L: 7 r—n 11 I I Z 1 1 3 114 I Fir,. � � I� I r-1 r—n C J L_J 1 5 1 1 6 1 snack Bar I I I I Restroom 1 L— J L— J Complex Parking I I I I r- nrT- n 1 7 1 1 8 1 I� III I L— J L— J I N I I " I Cft of La Quinta AYits Burns Community Park Sormr To.do Comph. El — l l — 3 A. por ts COmpiand Park Drive Avo u 50 aM Bermudas Rules and Regulations 1. Private events are limited to four hours in durations. 2. The City of La Quinta has priority use of facilities. La Quinta city residents have second priority. All others follow in priority. 3. Deposits are due with the Application. Deposits will be refunded within five days of the end of the event, providing the facility has not been damaged or left in poor condition. 4. Cleanup of facility includes removing all bottles, cans, cups, and paper waste to trash receptacles; moping up spills; leaving equipment in clean condition: removing decorations; taking down chairs and tables; and any other item which has been dirtied or soiled as a result of use. 5. Permits from the Police, FYnance, ABC, or another agency may be required for the proposed activity. 6. Any advertising (content, wording, format, style, or design) of the proposed program or activity must be reviewed by the City Clerks office prior to public notice. 7. Users are required to review and understand the complete rules and regula- tions packet, provided to each confirmed user. I have read uid rstood, arl ee to com}j ly with the above. Signature ( Date Liability State ent I, (print name) V �C ' � � s pe ttee, d the user group (name of s r group) f ? , agree to hold the City of La Quinta harmless, and inde ify the City of La Quinta from any and all liability for injury to persons or property occurring as a result of the activity sponsored by the permittee, and said person shall be liable to the City of La Quinta for any and all damages to parks, equipment, and buildings owned or controlled by the City which result from the activity of the permittee or is caused by any participant in said activity. All persons exercising any of the privileges authorized does so at his/her own risk without liability on the part of the City of La Quinta for the injuries to persons or property resulting therefrom. I have read, understood, and agree to inform all users in my activity of the above liability conditions of use. , sigt�ea� � Date ------------------------------------- Application approved by: Date: Date copy sent to Applicant: L s City of La Quinta For Office Use Only Date FACILITY USE PERMIT ; Rec'dFilbyed 57 Amt. of fee $ Community Services Division Deposit$ eN of Check/Cash? Apt' nt Inf r ;; /, Receiptrr Permit Applicant I �' Contact Person l Phone -- Contact Address i city/zip� d F rll R, 1, t sports Complex Field Numbers) 'Snack Bar Aestrooms_ 'Lights ___ 'PA_ ___ 'Bases 'Diamond Prep — Fritz Burns Community Park Tennis Complex Court Numbers) 'Court Prep — Eisenhower Minipark 'Electricity 'indicates reed for slaH (addrtioral cost) Time and t$WDay(s) r - Tim,O s Activity Information Yva— No Open to the Public Admission Charged _ �1 _ If yes, amount charged $ Adults_ ChildranJ)/Korm'—i Fundraising Act" _ _ If yes, please explain below Alcoholic Beverages _ _If yes, go to Council and get ABC permit (3.4 week process) Food and Beverages _ _If yes, describe below Amplified Sound _ _if yes, describe below Estimated Attendance Adults Teens Childrren1(underl3) II 1 G Describe Activity/Program and any Special Conditions: n d 1 U �' �l' b � 1 of 1I �� l ' l_ ' J The undersigned has received and understands the rules and regulations for the City of La Quinta facility selected above, and agrees to abide by such rules and regulations. The undersigned agrees to dearly and accurately convey the rules and regula- tions to all members in their party. The undersigned further certifies that the information provided above is true. The undersigned comprehends that this Application will be considered approved only when the indicated fees have been paid, and the Parks and Recreation Merger, or his/her desigrpe, has signed the authorizing signature on this form. Community Services Office Only Class 1 II III IV (Please circle one) Approval Needed by: Planning_ Police_ Fire_ Finance_ Council_ Current Certificate of Insurance Yes_ No_ Limit Req'd Date Rec'd was and Deposits (per C& of La Quinta Fee Schedule - total hourly or flat fee assessment) Facility Assessment - court, field, or park rental $ Snack Bar Field Lights Announcing System Diamond/FiekUCourt Prep/ Staff time Restrooms Bases Deposits (Security, Cleanup, Bases, Alcohol) TOTAL DUE $ 174 9 I I I I I I I I 6 r.F- Il I I2 3114I rqI L— J L— J L— J L— J I� II r —'i r—� J ' L_J Snack Bar "`••• I I I I Re®troom 1 L L — J Complex Pazking 171181 I IIT I1 L—J L—J IMyalLa Quanta Fritz Bunn t 0m ity Park Tannb Pia L I i I I J Avenue SO and Park Drive wvanue b0 aM B.nnaaa. Rules and Regulations 1. Private events are limited to four hours in durations. 2. The City of La Quinta has priority use of facilities. La Quinta city residents have second priority. All others fcllo•:, in priority. 3. Deposits are due with the Application. Deposits will be refunded within five days of the end of the event, providing the facility has not been damaged or left in poor condition. 4. Cleanup of facility includes removing all bottles, cans, cups, and paper waste to trash receptacles; moping up spills; leaving equipment in clean condition: removing decorations; taking down chairs and tables: and any other item which has been dirtied or soiled as a result of use. 5. Permits from the Police, Finance, ABC, or another agency may be required for the proposed activity. 6. Any advertising (content, wording, format, style, or design) of the proposed program or activity must be reviewed by the City Clerks office prior to public notice. 7. Users are required to review and understand the complete rules and regula- tions packet, provided to each confirmed user. I have read, iWerstood, Ude to comply with the above. Signature /T UG / Date L/) L �� Liability Statement �j j I, (print name) I i i / ,�� as a tee and the user group (name of user group) agree to hold the City of La Quinta harmless, and inderil!hffy the City of La Quanta from any and all liability for injury to persons or property occurring as a result of the activity sponsored by the permittee, and said person shall be liable to the City of La Quinta for any and all damages to parks, equipment, and buildings owned or controlled by the City which result from the activity of the permittee or is caused by any participant in said activity. All persons exercising any of the privileges authorized does so at his/her own risk without liability on the part of the City of La Quinta for the injuries to persons or property resulting therefrom. I have read, understood, and agree to inform all users in my activity of the above liability co tions of use. ---= App cation approved by: Date: Date copy sent to Applicant: i _, JL 5 C Titit 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION. COUNCIL/RDA MEETING DATE: July 2, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of the Cultural Arts Commission's Work Plan for Fiscal PUBLIC HEARING: Year 2002-03 RECOMMENDATION: As deemed appropriate by the City Council. 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: At the May 21, 2002 City Council meeting, the City Council considered the Cultural Arts Commission's annual work plan for Fiscal Year 2002-03. The City Council discussed the work plan and made the following recommendations: The Temporary Art Contract be brought back with clarification for City Council consideration and clarification on the task "Coachella Valley Conferences, Workshops and Events", as provided in Attachment 1. The Cultural Arts Commission considered the City Council's recommendations at the June 13, 2002 meeting. After some discussion, changes were made to the work plan. Attachment 2 provides a redline version of the proposed work plan. Attachment 3 is a final version of the 2002-03 Work Plan. As contained in the original draft of the Cultural Arts Commission's 2002-03 Work Plan, the Commission had requested $50,000 for cultural events. At the June 13 meeting, the Commission reduced the amount for cultural events to $40,000. The events could include concerts, puppet shows and various other mediums. At the March 5, 2002 City Council meeting, the City Council discussed the line item identified for the Village Faire events. At that time, the Council discussed possibly 17 6 using the funds for community concerts on the Civic Center Campus and other cultural events, as provided in Attachment 4. At the June 18, 2002 City Council meeting in which the preliminary budget was discussed, the City Council approved the amount of funds identified in the Village Faire line item of $40,000. At the March 5, 2002 City Council meeting, the City Council discussed discontinuing Village Faire and providing other activities such as concerts once the Civic Center Campus is complete, as provided in Attachment 4. Specific activities have not been planned for City Council consideration at this time. However, the City Council may direct the Cultural Arts Commission to plan a variety of activities to be offered in lieu of Village Faire, as an identified task in the Commission's work plan under "Coachella Valley Cultural Conferences, Workshops and Events" or direct staff to plan activities for City Council consideration. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Cultural Arts Commission's 2002-03 Work Plan and direct the Commission to plan events in lieu of Village Faire and utilize funds identified in the Community Services Department budget under Village Faire for cultural events; or 2. Approve the Cultural Arts Commission's 2002-03 Work Plan and direct staff to plan events in lieu of Village Faire; or 3. Do not approve Cultural Arts Commission's 2002-03 Work Plan; or 4. Provide staff with alternative direction. Respectf oily subrpi MANICURE I.. IT- Attachments: nity Services Director Approved for submission by: i� Thomas P. Genovese, City Manager 1. Minutes from the May 21, 2002 City Council Meeting 2. Redline Version - Cultural Arts Commission 2002-03 Work Plan 3. Final Version - Cultural Arts Commission 2002-03 Work Plan 177 4. Minutes from the March 5, 2002 City Council Meeting C 0 2 S:\Community Services\CCReports\CC.204.CAC Workplan.wpd ATTACHMENT 1 City Council Minutes 5 May 21, 2002 Mayor Pena stated he felt it may be time to consider combining some of the Commissions and their workloads. Council Member Henderson suggested the Commission spend a significant amount of time on the fire safety issue. Mayor Pena noted there is potential for the Commission to be involved with planning recreational opportunities on the property the City is looking to purchase. Council Member Adolph concurred. Council Member Henderson noted the Trails Master Plan, under "Park Development," has not been reviewed for years and suggested the Commission review it to come up to speed on the current issues related to the trails issue. Mayor Pena suggested the Commission look at public golf recreation programs — what works and doesn't work. He noted Palm Desert has 11,000 resident cards for their municipal golf course. Council Member Sniff voiced caution that the assignments be highly identified and selective. Council Member Adolph noted there are amenities at the La Quinta Community Park also to resolve. MOTION - It was moved by Council Members Sniff/Adolph to approve the Community Services Commission Work Plan for FY 2002/2003 as amended (on Page 8 removing the references to "Mainstreet Marketplace" and adding "encourage" to attend. Motion carried unanimously. MINUTE ORDER NO. 2002-64. CONSIDERATION OF THE CULTURAL ARTS COMMISSION WORK PLAN FOR FISCAL YEAR 2002/2003. Community Services Director Horvitz presented the staff report. Council Member Adolph asked about the status of the agreement for the Kennedy art''piece. Ms. Horvitz stated the temporary art agreement has been reviewed by the City's legal counsel who has recommended the agreement stand as written, allowing paragraph six to remain in the agreement. She stated the Commission has expressed a desire for clarification in the contract language, which can be brought back to Council for approval. 178 Cy t City Council Minutes 0 May 21, 2002 Mayor Pena stated he didn't believe Mr. Kennedy would object to minor changes in the language. City Attorney Jenson advised an associate in her office reviewed the agreement and doesn't see a problem with the two provisions being in the agreement. Mr. Kennedy, however, feels the two provisions are inconsistent. Council concurred to have the agreement brought back to Council. Council Member Adolph referenced the "Public Art Program" and questioned the task being limited to public art since the Commission gets involved with other cultural activities. Ms. Horvitz stated "Conferences, Workshops, and Events" includes other cultural activities, such as concerts and puppet shows. Council Member Henderson noted the Public Art Program task addresses a part of the ordinance that is related to the Art in Public Places Fund. Council Member Adolph suggested clarification to that effect be included on that page of the document. He also commented on the importance of making sure there are no conflicts with activities in other cities when setting up speakers for events. Council Member Perkins stated he felt it would be helpful to have a cultural activities calendar. He voiced concern that -nothing in the Work Plan pertains to music and noted the City had an opportunity to work with Marty Langer on concerts but turned it down. He stated he could not support an increase in the budget to $50,000 unless it includes a musical program. Council Member Henderson noted concerts are included under "Conferences, Workshops, & Events" on Page 9. Council Member Perkins commented that there has not been a concert in La Quinta since Mr. Langer held concerts at the La Quinta Hotel. Mayor Pefia stated there was a charge to attend those concerts. As for the recently -proposed concerts, he noted Mr. Langer refused to reveal how the requested funds would be spent. Council Member Henderson stated she believes the Commission is as anxious as the Council to have concerts at the Civic Center. She pointed out, however, 179 City Council Minutes 7 May 21, 2002 presently cities are unsure as to what the State is going to do to city funds. She stated she could approve the Work Plan but not the requested funding. Council Member Perkins stated he could support the original amount of $25,000 and approve more later on if music concerts are added. In response to Council Member Henderson, Ms. Horvitz explained the difference between the Commission's "Meet the La Quinta Artist" program and the "Culture in the Courtyard" events put on by the Community Services Department. Council Member Sniff suggested the two programs be combined into two events in the courtyard each year. He felt the events listed under "Cultural Conferences, Workshops, and Events" should be more specific and that "recommending to Council" may not be the proper term. He also questioned the amount of Commission hours estimated for each event and stated he preferred holding back on the financial commitment until the budget is reviewed. In response to Mayor Pena, Ms. Horvitz confirmed the Council has moved to consider a significant, unspecified amount in the budget for concerts by Mr. Langer. . Council Member Sniff stated he felt temporary art locations should be selected for placement of art for no more than two years. Mayor Pena suggested the "Meet the La Quinta Artist" program be combined with the "Cultural Conferences, Workshops, and Events" and some of the monies be used to have local artists provide art lessons to students at some of these events. He agreed the workshop and events program needs reworking and stated he wasn't prepared to approve funding at this time. He also questioned why there hasn't been a booth at the Arts Festival each year to showcase what the -City is doing in the way of its Art in Public Places Program. Council Member Henderson commented on the number of community services programs with instructors and stated she is hesitant to hire an artist to teach classes. She wished to have the issue brought back to Council for consideration and maybe charge a fee for participating in the class. Mayor Pena noted some youths cannot afford the art supplies and suggested doing the program in conjunction with the Senior Center classes. Council Member Adolph concurred with the idea and referenced a few local artists that he felt would be willing to participate in the program. City Council Minutes 8 May 21, 2002 Council Member Perkins agreed with the suggestion and stated he would like to see the Senior Center utilized more. Mayor Pena suggested "and other appropriate organizations" be inserted on Page 8 after "Work with City Council." Council Member Adolph concurred with Council Member Perkins on the importance of bringing music to the community. He wished to see the Council work with Mr. Langer on these events if the funding is available. MOTION - It was moved by Council Members Sniff/Henderson to refer the Cultural Arts Commission Work Plan back to the Cultural Arts Commission for modification as discussed by Council. Motion carried unanimously. MINUTE ORDER NO. 2002-65. 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. Interim Public Works Director/City Engineer Stephenson presented the staff report. Council Member Perkins questioned the need for lighting in the medians. Council Member Adolph noted Avenue 52 is dark without any lighting and stated he felt low-level lighting helps people see the curbs. Council Member Perkins stated he wouldn't disagree where lighting is a safety issue but feels it -is not needed on Washington Street. RESOLUTION NO. 2002-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE REPORT OF THE ENGINEER FOR FISCAL YEAR 2002/200 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2002-75 as submitted. Motion carried unanimously. 0 ATTACHMENT 2 CITY OF LA QUINTA CULTURAL ARTS COMMISSION WORK PLAN 2002-03 Approved by City Council june July 2, 2002 82 Cultural Arts Commission Work Plan July 298-1 2002 Task: Annual Work Plan Completion Date: Participants: Suggested Resources: Commissioner Steps to Completion: Commission Time: Staff Time: Fiscal Commitment: May 20022003 Commissioners Commissioners, Staff • Review existing assignments 0 Review programs being offered by other Cities • Suggest programs to fill any voids 1-2 hours per plan 3-4 hours per plan 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..." 91 Cultural Arts Commission Work Plan July 2001 2002 Task: Completion Date: Participants: Suggested Resources: Commission Steps To Completion: Commission Time: Staff Time: Fiscal Commitment: Staff Role: Council Role: 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. 4 .� Cultural Arts Commission Work Plan July 26EH 2002 Task: Temporary Art Placement Program Completion Date: Participants: Suggested Resources: Commission Steps To Completion: Commission Time: Staff Time: Fiscal Commitment: Staff Role: Council Role: 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 29e-r 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. 186 6 Cultural Arts Commission Work Plan July 268-1 2002 Task: Coachella Valley Cultural Conferences, Workshops, & Events Completion Date: On -going Participants: Commissioners, City Council Suggested Resources: Community members, City Council, Coachella Valley Cities, private cultural arts interests, State and Federal sources, and other appropriate organizations. Commission Steps to Completion: • Recommend for City Council consideration one proposed educational conference, workshop & possibly three events such as concerts, dances, puppet shows, chorale and mimes. • Participate in the annual Holiday Tree Lighting Ceremony and Artist Partnership Day • Maintain 'eadeiship role • conferences, vvoikshops & events Recommend to eouncel a date, tarne, 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 cost of the program as approved by the City Council an outline foi the meeting 0 Adverto.se the conferences, workshopsPrepare Conduct the conferences, workshops • & events Commission Time: Up to 100 hours per event 18'7 3 Cultural Arts Commission Work Plan Staff Time: Up to 60 hours per event July 20012002 Fiscal Commitment: Up to $3,000- $10,000 per event Up to $ 5,000 $10,000 fo, five events per ye-ar a maximum of $40,00 per year for four events. 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. 188 `• eP a V � 1 Cultural Arts Commission Work Plan July 2901 2002 Cultural Arts Commission Work Plan July 2001 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: A local artist representing a different medium will be randomly selected to be showcased in the La Quinta Chamber of Commerce Newsletter 8tmrta-Post and at other cultural events with a "snapshot" of their work and histery 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. 190 10 L ATTACHMENT 3 CITY OF LA QUINTA INCORPORATM F� �M OEi� CULTURAL ARTS COMMISSION WORK PLAN 2002-03 Approved by City Council July 2, 2002 191 Cultural Arts Commission Work Plan o July 2002 Task: Annual Work Plan Completion Date: Participants: Suggested Resources: Commissioner Steps to Completion: Commission Time: Staff Time: Fiscal Commitment: May 2003 Commissioners Commissioners, Staff • Review existing assignments • Review programs being offered by other Cities • Suggest programs to fill any voids 1-2 hours per plan 3-4 hours per plan 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..." K Cultural Arts Commission Work Plan July 2002 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. 3 1 . p 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. 4 194 u20 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. l9.15 5 Cultural Arts Commission Work Plan July 2002 Task: Coachella Valley Cultural Conferences, Workshops, & Events Completion Date: On -going Participants: Commissioners, City Council Suggested Resources: Community members, City Council, Coachella Valley Cities, private cultural arts interests, State and Federal sources, and other appropriate organizations Commission Steps to Completion: • Recommend for City Council consideration one proposed educational conference, workshops & possibly three events such as concerts, dances, puppet shows, chorale and mimes. • Participate in the annual Holiday Tree Lighting Ceremony and Artist Partnership Day • Work with Coachella Valley Cities to determine proposed speakers and budget for consideration by Council • Solicit contributions to off -set the cost of the program as approved by the City Council • Conduct the conferences, workshops & events Commission Time: Up to 100 hours per event Staff Time: Up to 60 hours per event Fiscal Commitment: Up to $10,000 per event and up to a maximum of $40,000 per year for four events. 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 196 R Cultural Arts Commission Work Plan July 2002 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. 19'7 7 �3 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: 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. 199 g i,r it Y ATTACHMENT City Council Minutes 9 STUDY SESSION March 5, 2002 DISCUSSION OF THE VILLAGE FAIRE EVENTS IN THE VILLAGE OF LA QUINTA. Community Services Director Horvitz presented the staff report. Council Member Henderson stated she supported the events when put on by the Chamber of Commerce but felt even then it was more like a big block party. She felt the City has created the ideal street for such events but the Village Faire still remains a "flop." Council Member Sniff stated he spoke to some of the vendors at the last event and they suggested more diversity in vendors, including produce, and changing winter hours to 5:00 to 9:00 p.m. He felt the events are worthwhile and would like to continue them with modifications on hours and with more promotion. Council Member Perkins commented on the inability to compete with the C.O.D. and Palm Springs street fairs and stated he felt it would be confusing to change the hours. He suggested using the funds for something else. In response to Mayor Pena, Andrea Carter, of Kiner/Goodsell, Inc., stated some of the vendors feel it is too hard to do the Village Faire'events the night before the C.O.D. street fair and some feel it is too costly for the hours. She stated they have tried to get produce vendors but have not been successful. As for attendance, she stated the event gains energy about 7:00 or 7:30 with 1,000 to 1,500 people in attendance and dies down around 9:00 p.m. Council Member Henderson noted starting the event at 5:00 p.m. would mean closing the street by 3:00 p.m. Additionally, a lot of people don't get off work until 5:00 p.m. Mayor Pena suggested the events may do better with a band and not have the vendors. Ms. Carter stated Calle Estado doesn't have a good area for bands to entertain and she felt the Civic Center Campus will better accommodate that type of activity. Mayor Pena noted the Civic Center Campus is intended to be a passive park. Council Member Perkins didn't have a problem drawing people to the Campus at night for events. City Council Minutes 10 March 5, 2002 Mayor Pena stated he was leaning toward eliminating the Village Faire and using the funds for other events such as community concerts. Council Member Sniff noted the City has spent a lot of time, effort, and money for these events by installing electrical and buying banners. He suggested either not doing the events or doing them in a different venue. He didn't feel the layout on Calle Estado lends itself very well to the Village Faire events and agreed with having entertainment without vendors. Ms. Carter suggested including the events in the RFP to see if any ideas come from it. Council Member Henderson suggested eliminating the event for a while and see if the business community feels it's important. Mayor Pena concurred to discontinue the Village Faire events until the Civic Center Campus is completed and other activities, such as concerts, are considered. City Manager Genovese advised staff will remove the Village Faire component from the RFP '(Business Item No. 1) and generate general concepts for entertainment at various locations. REPORTS AND INFORMATIONAL ITEMS CVAG Executive Committee — Mayor Pena reported the Executive Committee has adopted a modified resolution for the Salton Sea. City Manager Genovese spoke regarding the Valleywide Animal Campus issue and advised the County is still considering two sites. As for the Indio facility, the County has sent correspondence to Indio, Coachella, and La Quinta regarding upgrading of that facility. All other reports were noted and filed. 11 DEPARTMENT REPORTS Mayor Pena congratulated Council Member Henderson and City Clerk Greek for a fun party at the United Way dinner. 200 � 26 BUSINESS SESSION ITEM: 3 ORDINANCE NO. 372 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ZONE CHANGE ASSIGNING LOW DENSITY AGRICULTURAL EQUESTRIAN RESIDENTIAL DESIGNATION TO APPROXIMATELY 200 ACRES LOCATED GENERALLY AT THE SOUTHWEST CORNER OF MONROE STREET AND AVENUE 52 CASE NO.: ZONE CHANGE 2001-100 APPLICANT: NRI/LQLP LAND LLC COUNTRY CLUB OF THE DESERT WHEREAS, the City Council of the City of La Quinta, California, did on the 3rd day of July, 2001, continued to the 17th day of July, 2001, 7th day of August, 2001, 18th day of September, 2001, 20th day of November, 2001, 18th day of December, 2001, 19th day of February, 2002, 21 st day of May, 2002 and renoticed for the 18th day of June 2002, to hold a duly noticed Public Hearing to consider Environmental Assessment 2001-418 for Zone Change 2001-100, and annexation, for the property generally located at the southwest corner of Monroe Street and Avenue 52, more particularly described as follows: APN's 767-200-002, 003, 004, 005, 007, 008, 009, AND 010 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26th day of June, 2001 hold duly noticed Public Hearing for NRI La Quinta Limited Partnership for review of a Pre -Annexation Zone Change to allow the pre - zoning of approximately 200 acres, pending annexation to the City, located generally at the southwest corner of Monroe Street and Avenue 52, and recommended approval; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to approve said Zone Change: 1 . The proposed project is consistent with the goals and policies of the La Quinta General Plan, and land use designations, ensuring land use compatibility. 2. The Zone Change will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conform with the City's standards and requirements. 3. The Zone Change is compatible with the City's Zoning Ordinance in that it supports the development of a range of housing in an integrated community. 201 Ordinance No. 372 Zone Change 2001-100 NRI La Quinta LLC - Country Club of the Desert Adopted: July 2, 2002 Page 2 4. The Zone Change, to be effective upon annexation of the property, supports the orderly development of the City. THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. PURPOSE. To rezone approximately 200 acres, pending annexation to the City, located generally at the southwest corner of Monroe Street and Avenue 52, more particularly described as: APN's 767-200-002, 003, 004, 005, 007, 008, 009, AND 010 from County Zoning of Light Agriculture (A-1-20) to Low Density agricultural Equestrian Residential as attached hereto as Exhibit "A" and "B", and made a part hereof. SECTION 2. ENVIRONMENTAL. This Zone Change has complied with the requirements of the CEQA (California Environmental Quality Act of 1970 as amended) and adopted by City Council Resolution 83-68, in that the Community Development Director has determined that the proposed Zone Change will not have a significant adverse impact on the environment. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by Resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held this 2n' day of July, 2002 by the following vote: 202 Ordinance No. 372 Zone Change 2001-100 NRI La Quinta LLC - Country Club of the Desert Adopted: July 2, 2002 Page 3 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 (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 203 Ordinance No. 372 Zone Change 2001-100 NRI La Quinta LLC - Country Club of the Desert Adopted: July 2, 2002 Page 4 EXHIBIT "A" 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Zone Change. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 204 I E 4w W-4 4 a a a 11 • BUSINESS SESSION ITEM: / ORDINANCE NO. 373 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ASSIGNING PRE -ANNEXATION ZONING TO 640 ACRES GENERALLY BOUNDED BY AVENUE 60 ON THE NORTH, AVENUE 62 ON THE SOUTH, MADISON STREET ON THE WEST AND MONROE STREET ON THE EAST CASE NO.: ZONE CHANGE 2002-107 SHEA HOMES WHEREAS, the City Council of the City of La Quinta, California, did on the 18th day of June, 2002, hold a duly noticed Public Hearing for Shea Homes for review of a Zone Change to allow 232 acres currently designated Medium High Density Residential under Specific Plan 218 Al to Medium Density Residential, and 293 acres to Golf Course on land designated Golf Course under Specific Plan 218 Al, and 115 acres currently designated Residential Agriculture and Controlled Development under the Riverside County General Plan to Low Density/Agricultural-Equestrian Residential and Open Space; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings recommending approval of said Zone Change: 1. The proposed project is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and surrounding development and land use designations, ensuring land use compatibility. 2. The Zone Change will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conform with the City's standards and requirements. 3. The Zone Change is compatible with the City's Zoning Ordinance in that it supports the development of single family residential homes, golf course and associated projects within a planned community. 4. The Zone Change supports the orderly development of the City. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: 206 Ordinance No. 373 Zone Change 2002-107 - Shea Homes Adopted: July 2, 2002 Page 2 SECTION 1. PURPOSE. To rezone a portion of land generally bounded by Avenue 60 on the north, Avenue 62 on the south, Madison Street on the west and Monroe Street on the east; known as Assessor Parcel Nos. 764-270-001, 002, 004, 005, 015, 017 & 018; 764-280-001 thru 007, 014 and 016, as follows: 232 acres currently designated Medium High Density Residential under Specific Plan 218 Al to Medium Density Residential, and 293 acres to Golf Course, on land designated Open Space and Commercial in the Specific Plan; and 115 acres currently designated Residential Agriculture and Controlled Development under the County General Plan to Low Density/Agricultural-Equestrian Residential and Open Space, and as contained in Exhibit "A" attached hereto and made a part hereof. SECTION 2. ENVIRONMENTAL. This Zone Change has complied with the requirements of the CEQA (California Environmental Quality Act of 1970 as amended) and adopted by City Council Resolutions 2002-97 and 2002-98, in that the Community Development Director has determined that the proposed Zone Change will not have a significant adverse impact on the environment. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by Resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 2"d day of July, 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ordinance No. 373 Zone Change 2002-107 - Shea Homes Adopted: July 2, 2002 Page 3 JOHN J. PEIVA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Ordinance No. 373 Zone Change 2002-107 - Shea Homes Adopted: July 2, 2002 Page 4 --.1 City Original Coral Mtn. SP Area City Boundary Annex Bountl EXHIBIT "A" 209 BUSINESS SESSION ITEM: 6- ORDINANCE NO. 374 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING SECTION 9.50.055-SECOND FLOOR ADDITION WITHIN AN EXISTING UNIT, WITHIN THE VERY LOW DENSITY (RVL) AND LOW DENSITY (RL) RESIDENTIAL ZONING DISTRICT CASE NO.: ZCA 2002-072 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 18th day of June, 2002, hold a duly noticed Public Hearing for a Zoning Code Amendment to add Section 9.55.055 to the Municipal Code, to allow second floor additions within an existing unit, within the RVL and RL Residential Zoning District; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28th day of May, 2002, hold a duly noticed Public Hearing for a Zoning Code Amendment to add Section 9.55.055 to the Municipal Code, to allow second floor additions within an existing unit, within the RVL and RL Residential Zoning District; and WHEREAS, the text amendment is exempt pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act statutes, and Section 15268, Ministerial Projects, of the CEQA Guidelines; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings recommending approval of said Zoning Code Amendment: 1 . The proposed text changes are consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and surrounding development and land use designations, ensuring land use compatibility. 2. The proposed text changes will not be detrimental to the public health, safety and welfare, as they have been designed to be compatible with surrounding development, and conform with the City's standards .and requirements. 3. The proposed text changes supports the orderly development of the City. 210 Ordinance No. 374 Zoning Code Amendment 2002-072 Adopted: July 2, 2002 Page 2 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. PURPOSE. To add Section 9.50.055 to the Municipal Code as provided in Exhibit A, attached hereto. SECTION 2. ENVIRONMENTAL. This Zoning Code Amendment has complied with the requirements of the CEQA (California Environmental Quality Act of 1970 as amended) and adopted by City Council Resolution 83-68, in that the amendments are found to be exempt from CEQA pursuant to Chapter 2.6. Section 21080 of the Public Resources Code, and Section 15268, Ministerial Projects, of the CEQA Guidelines. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by Resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 2nd day of July, 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 211 Ordinance No. 374 Zoning Code Amendment 2002-072 Adopted: July 2, 2002 Page 3 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 212 Ordinance No. 374 Zoning Code Amendment 2002-072 Adopted: July 2, 2002 Page 4 EXHIBIT "A" Section 9.50.055- Second Floor Addition within an existing unit in RVL and RL Zoning Districts. A property owner may apply through the Minor Use Permit (Section 9.210.020) process for permission to alter a single family dwelling unit to provide an upper story living area within the Very Low and Low Density Residential Zones when the following has been complied with: A. No change to the exterior building elevation with the exception of providing light and ventilation. Windows are only allowed on the street -facing facade. Dormer windows are prohibited. B. No windows (except skylights) or access points are permitted on roof slopes (i.e., hip roof sections). C. Permitted only in areas where two story structures are permitted by Code. The second floor shall not be considered as a two-story home as defined in Section 9.60.300.1.1 (Compatibility Review). D. Comply with all Building Codes including, but not limited to: 1. Foundations; 2. Floor loads; and 3. The interior vertical clearance requirements. E. Maintain a two car garage with a vertical interior clearance of 7-feet 6-inches. F. The second floor living area cannot exceed 10% of the existing house square footage. The addition can only be located within the front half of the existing structure that abuts, or is adjacent to the street right of way where the primary access to the structure is located. G. Access must be from the interior of the existing house. H. No exterior reconstruction of the existing structure is permitted to accommodate the addition with the exception of windows and skylights. 213 Tjht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 2, 2002 CONSENT CALENDAR: ITEM TITLE: / STUDY SESSION: Discussion of City's Adopted Fiscal Year 2002-03 Marketing Plan PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None at this time. The City's adopted Fiscal Year 2002-03 Marketing Plan includes a financial component totaling $347,750, which represents the total cost of implementing all the marketing programs included within the Plan. A breakdown of the total marketing budget is proposed as follows (in relation to the City's 2002-03 budget): Economic Development $173,950 Redevelopment $ 50,000 Community Services $ 48,800 Capital Improvement Program $ 75,000 TOTAL $347,750 The total includes carry-over funds for activities that were budgeted this year, but were unable to be completed in part or whole. Specifically, those activities include the grand opening of the Civic Center Campus ($13,000) and the City's banner program ($6,000). CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The City's Marketing Plan is a key tool in promoting and supporting economic development in the City. BACKGROUND AND OVERVIEW: This item was continued from the June 18, 2002 City Council meeting. Staff is placing the item back on the agenda for Council discussion and/or direction. 214 At the April 2, 2002 City Council meeting, the City Council discussed marketing strategies as presented by Kiner Goodsell for fiscal year 2002-03. Pursuant to Council direction during that meeting, Kiner Goodsell developed the City's Fiscal Year 2002-03 Marketing Plan (Attachment 1) and presented it for Council consideration on May 7, 2002, at which time the Plan was adopted. Simultaneously, staff had been working on the Request for Proposals (RFP) process for marketing services for fiscal year 2002-03. During the May 7, 2002 meeting, the Council was informed of staff's progress to date, and advised that the selected firm would implement the 2002-03 Marketing Plan. Upon completion of the RFP process, the Marketing Review Committee brought forward its recommendation to the Council during the June 4, 2002 City Council meeting. The Council opted not to select a marketing firm at that time and, after some discussion, directed staff to bring back the City's adopted Fiscal Year 2002- 03 Marketing Plan for further Council consideration. The Council discussed the possibility of taking a new approach to the marketing program, especially in light of new City activities and citizen concerns. The adopted Plan is attached to facilitate discussion and direction by the Council. As currently written, it specifies target markets and marketing goals, and sets forth economic development marketing programs such as advertising in television and print media, creating fresh collateral materials, planning new activities for the International Council of Shopping Centers (ICSC) conference, and supporting local businesses via a business retention program (similar to the "Passport to Savings" idea). The Plan also includes community services programs such as advertising for grand openings, implementing the City's banner program, and supporting local community events like the Mariachi Festival. The Council may also wish to discuss means for implementing whichever marketing program is selected (i.e., discuss the process for selecting any appropriate marketing consultants). Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. City's Adopted Fiscal Year 2002-03 Marketing Plan 215 002 ATTACHMENT 1 City of La Quinta 2002M2003 Marketing Plan Approved by the City Council: May 7, 2002 216 004 fi ner Poodse City of La Quinta 2002-2003 Marketing Plan Prepared by: Kiner/Goodsell Advertising With the direction of the City Council and City Staff, Kiner/Goodsell Advertising has prepared a marketing plan for implementation by the City of La Quinta during the 2002-2003 fiscal year. In addition to evaluating past marketing programs and researching new marketing programs, Kiner/Goodsell has structured next year's marketing plan to continue communicating with the City's target markets and striving to reach the City's marketing goals and objectives, which are as follow: Target Markets • Local and national site locators and CEOs of prospective companies looking to expand or relocate their business • Site locators and businesses already interested in La Quinta as a new location for their business • Current La Quinta businesses • La Quinta residents; full and part-time • La Quinta visitors • Coachella Valley residents Goals/Objectives • Continue to attract new businesses to La Quinta in order to diversify the economy and tax base, for the purposes of offering new services for residents and visitors. • Communicate the significance and benefits of economic development growth to City residents in order to garner more favorable support for economic development within the community. • Help current City businesses grow in order to keep La Quinta businesses satisfied and profitable. • Educate residents of the community about valuable community services programs, and ensure the community is well-informed about those City programs. In focusing on those target markets and marketing goals and objectives, Kiner/Goodsell recommends implementing the following marketing plan, which includes the feedback and direction of the City Council: Economic Development Advertise in new publications — Kiner/Goodsell has identified new publications for reaching site locators and businesses looking to relocate, including: • Business Facilities • Shopping Centers Today 217 005 • Shopping Center World Update infomercial — As a proven effective tool for the City, the infomercial has several uses, including: • Broadcast in viable markets for economic development • Distribute to interested site locators and businesses • Broadcast in local market for community recognition Advertise in local publications — Continue to advertise in print vehicles such as the Palm Springs Life Desert Cities Progress Issue and the Bob Hope Chrysler Classic Program Guide — in order to maintain a presence in meaningful local publications. Implement public relations program to achieve national publicity and recognition — In the past, Kiner/Goodsell has handled local public relations efforts for the City. This year, it is recommended that public relations efforts work to gain exposure outside the Coachella Valley — specifically in trade publications read by site locators and CEOs looking to expand their business, such as Business Facilities, Franchise Times, Shopping Centers Today, Shopping Center World, etc. This additional PR in other markets will boost the awareness of La Quinta and help the City with its economic development messages. Update all collateral materials — Create fresh, new economic development collateral materials for distribution over the next three years — including a presentation folder, brochures and new photography depicting new "beauty shots" of the City. Data and revised statistics from the new Sedway Report, due in late 2002, would also be included. Increase presence at ICSC — The City could benefit by investing in a tactic that would assist in driving traffic to its booth at the Palm Springs convention of the International Council of Shopping Centers. For example, create a "Taste of La Quinta" cookbook to give away — collecting recipes from local restaurants. Then, at the City's booth, feature a chef from one of the local restaurants making samples of one of the cook book items for people to try (food is great for bringing people to booths). Revisit the passport program — If the passport program is successful this year, the City should consider repeating it again next year. This program is popular among local residents, and if the businesses benefit from the program, it would be a worthwhile effort for next summer, as well. Community Services Advertise opening of Civic Center Campus — Implement a major print and radio advertising campaign that informs the Valley about the new campus, and generates a large attendance to its grand opening event. Continue to advertise major Community Services events — Work closely with the Community Services Department to maximize exposure (within the department's specific budget parameters) for events such as the City Picnic, 5K Run, park and museum grand openings, etc. Implementation of the City's banner program — Research new areas within the community to implement the City's banner program, and create 3-4 different designs of banners for display during the Valley's busy season. Support local events — Continue to support local events which support the City's marketing goals, such as the Mariachi Festival. 218 006 /41:ii ner odsel 2002-2003 City of La Quinta Marketing Budget Economic Development Electronic Media $63,000 • Update infomercial and broadcast it in the Coachella Valley, the Inland Empire, San Diego and the Pacific Northwest. • Revise 10-second and 30-second economic development TV spots and continue to broadcast during Coachella Valley newscasts and other local programming. Economic Development Print Media & Promo Items $51,500 • Continue to advertise in print media vehicles which most effectively reach the target audiences for economic development, such as the Palm Springs Life Desert Cities Issue, the Bob Hope Chrysler Classic Program Guide, site locator trade publications, etc. • Order new promotional items. • Maintain advertising contingency account. Economic Development Events $14,650 • Advertise in the ICSC Program Guide, and provide a new "draw" for the City's ICSC booth (i.e., cookbook and chef promotion). • Continue sponsorship of County Fair and National Date Festival. Update City Collateral Materials $28,000 • Update City collateral materials, such as economic development presentation folder, brochures, etc. • Take new professional photography shots of the City, specifically "beauty shots". Business Retention $30,800 • Continue with La Quinta Passport program, an upscale shopping/dining incentive program. Community Services Advertising $123,800 • Implement seasonal banner program (included in this budget figure are banner design and printing costs, as well as the costs to implement the banner poles -- $75,000 of which is part of the C.I.P. budget). • Support local events, such as the Mariachi Festival. • Advertise in support of the Civic Center Campus grand opening, as well as park and museum grand openings. Consultant Retainer $369000 • Retainer fee to cover account service hours, planning, research, etc. TOTAL MARKETING BUDGET $3479750 219 nn"? REPORT/INFORMATIONAL ITEM: TWit 4 a4& Qu&ro CULTURAL ARTS COMMISSION MINUTES May 9, 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 Quinta Civic Center. Chairperson Shamis presided over the meeting. Commissioner Reynolds led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Dan Baxley Commissioner Denise Diamond Commissioner Else Loudon (Arrived at 7:45 p.m.) Commissioner Elaine Reynolds Commissioner Rosita Shamis (Chairperson) STAFF PRESENT: Dodie Horvitz, Community Services Director II. PUBLIC COMMENT Ill. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of April 11, 2002 B. Financial Report for April 2002 C. Department report for March 2002 It was moved by Commissioner Baxley/Reynolds to approve the Consent Calendar with stated corrections to the minutes. Unanimous. V. PUBLIC HEARING - None VI. BUSINESS ITEMS A. Sedona Homes Art Piece Proposal Mr. Lance Alacano of Sedona Homes gave an overview of the proposal. He would like* to provide artist gates at the Sedona Homes project located at the corner of Eisenhower and Avenue 50. The gates would be similar to the gates found on Washington Street at the Tucson development. The gates would be designed with a Spanish look with aged cooper. ., SXOMMUNITY SERVICES\CACOMM\CACMIN.05-09-02.DOC Commissioner Diamond asked if the developer was requesting a sign as well. Mr. Alacano stated that he would like to ask for a sign in the future, however, at this time, he is only asking for consideration on the gates. Commissioner Baxley asked if the artwork would be incorporated into the gate. Mr. Alacano reported that the gate design is the artwork. He is asking for consideration for two gates, side by side at the entrance to the development. Commissioner Reynolds stated that she felt that the developer should pay for the gates, since the gates are a part of the development. Staff reported that the APP funds have been used for gates at the Fritz Burns Pool House. Mr. Alacano stated that the general public will be able to view the gates. In the staff report, the dollar amount paid into the APP fund by the Sedona Homes project was misrepresented. The amount paid into the account is significantly higher than that reported in the staff report. Commissioner Baxley stated that he is not comfortable funding the request for the gate project, regardless of the investment the developer pays into the APP account. Commissioner Shamis felt that the Commission wants to work with the developers and whatever the developer wants to pay for privately, the Commission will support. Commissioner Diamond would like to see the City go in the direction of interactive art. Artist Kathleen Schooley reported that there will be sidewalks that lead past the gates and that the APP fund has been used to fund the bridge railings on Washington Street and the Fritz Burns Pool gates. Commissioner Shamis asked where exactly the art piece would be located. Mr. Alacano reported that the art piece will be on the corner of Eisenhower and Avenue 50. Commissioner Shamis recommended that the Commission consider the entire package of artwork: gates and art piece as a unit. Commissioner Baxley is uncomfortable with the fact that public art funds are being considered for an art piece that is designed to keep people out of a development. He questioned how a security gate meets the needs of the public regarding public art. Commissioner Baxley asked staff to contact the City's legal counsel regarding the use of APP funds for a gate that it is designed to keep people out of a development. Commissioner Diamond brought up the fact that if APP funds are used, the City then owns the art piece. Therefore, the City has to have foresight on how to use the art in the future. SACOMMUNITY SERVICES\CACOMM\CACMIN.05-09-02.DOC 221. On Commissioner Shamis stated that art should surround "us" therefore landscaping should be included. She requested that the entire concept for the project be presented in June for consideration. The Commission concurred. VII. CORRESPONDENCE AND WRITTEN MATERIALS None. Vill. COMMISSIONER ITEMS A. Chairperson Shamis thanked everyone for their hard work on the 20`h Anniversary Celebration event. She stated that the entire weekend was great. B. Chairperson Shamis gave an overview of the meeting she had with the Mayor. She said that it is the hope to have the Civic Center Campus completed in six months. The Marachi Festival was also discussed, and the Mayor asked Mrs. Shamis to check on the event, to see if it is going to be offered this fall. Commissioner Shamis reported that according to Dee Smith of KSL, the festival will take place, however, an actual location has not been determined. Commissioner Shamis asked for an update on the itemizing of the art pieces and cataloging it. Commissioners Diamond and Reynolds will work on the files on May 29 at 9:30. Music in the community was also discussed, and the Mayor suggested the Commission look to future events to host musical entertainment. The holiday season, Civic Center Grand Opening and other established events were discussed. The Mayor suggested offering modest events and build from there. Commissioner Shamis recommended using the McMillian performing art students for events. C. Commissioner Reynolds would like to see a puppet show and choir performance. D. Commissioner Shamis also referred to the comments from the last symposium. She stated the large portion of them were positive. Most of the people responding are in leadership roles. Commissioner Shamis complied a master list so that a cover letter can be sent to the organizations. Colleen McBride would like to have a form letter attached to the cover letter. She will follow up on the forms. Commissioner Shamis has sent all the information to Ms. McBride. E. Commissioner Reynolds shared the Big Bear Magazine which reports many cultural events that take place in that area, such as concerts and theater. SACOMMUNITY SERVICES\CACOMM\CACMIN.05-09-02.DOC 222 03 F. Commissioner Reynolds shared a photograph of the unveiling of the John Kennedy piece in New York. She also stated that she would like to see the Temporary Art Agreement clarified so that artists are clear as to when their art work will be removed. G. Commissioner Baxley asked for an update on the fountain at LG's and the Senor Center mural. IX. ADJOURNMENT It was moved by Commissioners Reynolds/Diamond to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:05 p.m. NEXT MEETING INFORMATION June 13, 2002 7:00 PM La Quinta Civic Center Study Session Room 0 Dome Horvitz,s''Wmunity Services Director 223 SACOMMUNITY SERVICES\CACOMM\CACMIN.05-09-02.DOC ; �� 9 LN,� t. DEPARTMENT REPORT: I — A ti5 CAM OF T TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager n� DATE: July 2, 2002 �( I RE: Department Report - Response(s) to Public Comments The following is the response to public comments made at the June 18, 2002 City Council meeting: 1. Mr. Charlie Coulter, Villas of La Quinta resident, spoke regarding the loud traffic noise on Washington Street. He requested an extension to the Montero Estates Sound Wall north to Eisenhower Drive. He also requested that a letter he wrote to the Council be considered as Written Correspondence at the July 2, 2002 agenda. • The letter is included in the July 2, 2002 City Council Agenda under Written Correspondence. 2. Mr. Bill Pierce, Rancho La Quinta resident, mentioned that the developer removed the living fence along Washington Street. This has resulted in increased traffic noise. He would like the developer to install a wall. He has spoken with the Homeowner's Association, but to no avail. • The Mayor responded that City staff would investigate the matter. 3. Rosa Maria Gonzalez, Imperial Irrigation District, gave a brief update of IID's status for this summer. She mentioned that IID is in good shape, having enough energy resources to cover peak demand. She also mentioned that IID has many conservation programs in place, as well as several assistance programs for its customers. • No additional response was necessary. 4, 4 DEPARTMENT REPORT: 3- JULY 16 AUGUST 6 AUGUST 20 SEPTEMBER 3 SEPTEMBER 17 OCTOBER 1 OCTOBER 15 CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING - CANCELLED CITY COUNCIL MEETING - CANCELLED CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 225 July 2002 La Quints City Council Monthly Planner 2 3 4 5 6 :1 2:00 PM City Council Meeting 10:00 AM ALRC Special (City Hall (City H ^ . Closed) 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 LAFCC- Commission Human/Comm- Henderson Meeting Adolph 4:00 PM DRRA Airp-Henderson 28 29 30 31�a`° 6:00 PM CVAG August Exec Com-Pena�� June S M T W T F S S MT W T F S 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 9 10 9 10 11 12 13 14 15 16 17 18 19 20 21 22 11 12 13 14 15 16 17 µ 23 24 25 26 27 28 29 -, 18 19 2 0 21 2 2 2 3 2 4 30 Sri' 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 6/27/2002 226 • Oj August 2002 La Quints City Council Monthly Planner July S M T W T F S 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 29 30 31 5 S M T W T F S 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 29 30 2:00 PM City Council Meeting 12 13 10:00 AM Public 7:00 PM C.V. Safety -Perkins Mosquito Abate 12:00 PM Transp. -Perkins -Perkins 7:00 PM Planning 6:00 PM League Commission of Cities-Riv.Div. Meeting 7:00 PM Commu- nity Services Commission 26 6:00 PM CVAG- Exec Com-Pena 20 9:00 AM CVB- Henderson 2:00 PM City Council Meeting - CANCELLED 7 10:00 AM ALRC 14 9:00 AM RCTC- Pena 5:30 PM Invest- ment Advisory Board 7:00 PM Planning 12:00 PM CVAG Commission Human/Comm- Meeting Adolph 4:00 PM DRRA Airp-Henderson 12:00 PM Energy/ Envi-Sniff 7:00 PM Cultural Arts Commission 3:00 PM Historic Preservation Commission 22 9:00 AM LAFCO- Henderson 29 J 3 0 31 Printed by Calendar Creator Plus on 6/27/2002 227 September 2002 La Quints City Council Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday 7 1 2 3 4 5 6 2:00 PM City 10:00 AM ALRC 12:00 PM Mayors Council Meeting Lunch CANCELLED Labor Day (City Hall Closed) 8 9 10 11 12 13 14 10:00 AM Public 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM 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 z 7:00 PM Commu- /% nity Services Commission Patriot Day 15 16 17 18 19 20 21 9:00 AM CVB- 3:00 PM Historic Henderson Preservation 2:00 PM City Commission Council Meeting 22 23 24 25 26 27 28 7:00 PM Planning 12:00 PM CVAG 9:00 AM LAFCO- Commission Human/Comm- Henderson Meeting Adolph 1 st Day of 4:00 PM DRRA Autumn Airp-Henderson 29 30 6:00 PM CVAG k,tYp'a Exec Com-Pena August ;,. October S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 s{' 4 5 6 7 8 9 10 6 7 8 9 10 11 12 ) 11 12 13 14 15 16 17 13 14 15 16 17 18 19 "x 18 19 20 21 22 23 24 }' 20 21 22 23 24 25 26. 25 26 27 28 29 30 31 1 27 28 29 30 31,• sl: s qQ p 4 Printed by Calendar Creator Plus on 6/27/2002 228 28 DEPARTMENT REPORT: —� Tit,, 4 OF T 9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECTOR DATE: JULY 2, 2002 SUBJECT: UPDATE REGARDING ART PIECE DONATION BY SANTA FE CORPORATION Pursuant to City Council direction at the June 18, 2002 City Council meeting, staff contacted the Santa Fe Corporation regarding their offer of donating art pieces to the City. Mrs. Deborah Masterson of Santa Fe Corporation was contacted on Wednesday June 19 regarding the City's consideration of one of the art pieces and had concerns with the ownership of the art pieces. Mrs. Masterson recommended Mr. Scott McClanahan be contacted, as it was Mrs. Masterson's understanding that Mr. McClanahan had been in contact with the artists regarding the art pieces at the sculpture garden. Staff contacted Mr. McClanahan, who in turn suggested Catherine Badger of ReMax Realty be contacted, as she was the person responsible for contacting the artists. Staff contacted Ms. Badger. Her recollection of the situation was that Mr. McClanahan had contacted the artists regarding the art pieces. As of Friday, June 21, clear ownership of the art pieces was not evident. On Monday, June 24, the City had the rainbow sculpture removed from the sculpture garden. The four remaining art pieces had been removed from the sculpture garden between June 19 and June 24, including the one piece that City Council had expressed desire in acquiring. Staff has left several messages for Mrs. Masterson regarding the location of the art pieces. A response has not been received as of this report. Should additional information be presented before the July 2, 2002 City Council meeting, staff will provide a verbal report regarding the ownership of the art piece and the location of such. S:\Community Services\CCReports\ART PIECE DONATION SANTA FE CORP.wpd 229 T4t!t 4 4Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: ,July 2, 2002 CONSENT CALENDAR: Public Hearing Regarding Weed Abatement/Lot Cleaning Assessments for Placement on 2002/2003 Property Tax Roll RECOMMENDATION: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the placement of weed abatement/lot cleaning costs on the 2002/2003 Property Tax Roll as listed in the Resolution. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The purpose of this Public Hearing is to provide the City Council the opportunity to hear and consider all public objections and protests, if any, to the report filed with the City Council containing a description of each real property parcel cleared or cleaned by the City of La Quinta. Notices of tonight's Public Hearing were posted advising of the hearing date. No written communications have been received regarding this matter. All of the listed property owners have been notified of the costs associated with the abatement and have been given more than 30 days in which to reimburse the City. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 230 1 . Adopt a Resolution of the City Council approving the placement of weed abatement/lot cleaning costs on the 2002/2003 Property Tax Roll as listed in the Resolution; or 2. Do not adopt a Resolution of the City Council approving the placement of weed abatement/lot cleaning costs on the 2002/2003 Property Tax Roll; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Building and Safet irector Approved for submission by: Thomas P. Genovese, City Manager 231 RESOLUTION NO. 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ASSESSING LIEN AND PROVIDING FOR COLLECTION OF TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. WHEREAS, Chapter 11.72 of the La Quinta Municipal code provides for the declaration and determination of certain conditions of property to be a public nuisance and further provides for the abatement of said nuisance by certain procedures including abatement by the City and collection of the cost of said abatement on tax rolls; and WHEREAS, in accordance with said abatement procedures, the Building and Safety Director of the City of La Quinta, as agent of the City Manager, has determined that a public nuisance exists on the following described premises, and has been given the notice required by law, and the owner thereof has failed to appeal said determination and has failed to abate said nuisance as required in said notice; and WHEREAS, in accordance with said abatement procedure, the Building and Safety Director has, by contract, provided for the abatement of said public nuisance on said properties and has filed a report thereon with the City Council and the City Council has conducted a hearing on said report and the assessment of said costs against said properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, does hereby resolve as follows: 1. The City Council hereby finds, determines, and declares that the City has abated a Public nuisance on each of the following described premises and has conducted a hearing on assessment of the costs of said abatement in the time and manner as required by law and further determines that there were no objections or protests to assessments of said costs by any interested party. 2. The City Council hereby finds, determines, and orders that the report of the Building And Safety Director relative to assessment of costs is hereby approved and the City Council hereby orders that the following costs are hereby assessed as liens against the following properties and the amount of said assessment shall be collected at the time and in the manner of ordinary property taxes. 232 :'3 Resolution No. 2002 Fund Number 68-2378/Weed Abatement July 2, 2002 ASSESSOR'S COST OF ADMIN FEE NAME PARCEL NO. ABATEMENT (25%) TOTAL David Spafford 766-070-001 $ 2650.00 $ 662.50 $3312.50 Dorothy Collins 770-165-015 125.00 31.25 156.25 Dorothy Collins 770-165-015 250.00 62.50 312.50 Kathryn Mitts 646-31 1-013 500.00 125.00 625.00 Cha Sung 770-173-010 300.00 75.00 375.00 All American Home Builders 773-261-017 125.00 31.25 156.25 Thomas Abercrombie 773-221-002 200.00 50.00 250.00 Laurence Cox Jr. 774-272-014 835.00 0 835.00 Harvey Levenson 773-225-002 250.00 62.50 312.50 William Barnett/ Marilyn Anderson 770-092-003 250.00 62.50 312.50 Harold West 774-164-015 250.00 62.50 312.50 Capitol Control 774-265-010 250.00 62.50 312.50 Kenneth Schork 774-131-010 250.00 62.50 312.50 Samuel Ficklin 773-284-013 250.00 62.50 312.50 James Patton 773-041-020 250.00 62.50 312.50 233 4 Resolution No. 2002- Fund Number 68-2378/Weed Abatement July 2, 2002 3. The City Clerk is hereby directed to transmit a certified copy of the Resolution to the tax collector of the County of Riverside and said tax collector is hereby requested to collect the amount of each assessment herein at the time and in the manner of ordinary property taxes. PASSED, APPROVED AND ADOPTED -THIS DAY OF AYES: NOES: ABSTAIN: ABSENT: John Pena, Mayor City of La Quinta ATTEST: June S. Greek, City Clerk City of La Quinta, APPROVED AS TO FORM: M. Katherine Jenson City Attorney 231 41 i:�J c&ht 4 4 Q" COUNCIL/RDA MEETING DATE: July 2, 2002 Public Hearing on Landscape and Lighting Assessment District 89-1, Fiscal Year 2002-2003 and Adoption of a Resolution Confirming the Diagram and Assessment for Landscape and Lighting District 89-1, Fiscal Year 2002-2003, Pursuant to the Engineer's Report AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: -CP-- Adopt a Resolution of the City Council confirming the diagram and assessment for Landscape and Lighting District 89-1, Fiscal Year 2002-2003, pursuant to the Engineer's Report. Implementation of the recommendation outlined in this report will generate approximately $829,748 in revenue from Landscape and Lighting District assessments for Fiscal Year 2002-2003, offsetting estimated Landscape and Lighting District expenditures of approximately $1,102,939 for the same period of time. None. On May 21, 2002, the City Council adopted the following two (2) resolutions: ► Resolution No. 2002-75 (Attachment 1), approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1, Fiscal Year 2002- 2003; ► Resolution No. 2002-76 (Attachment 2), 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. T:\PWD EPT\CO U NO L\2002\020702a. wpd The 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. 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 Engineer's Report, prepared by City staff with the parcel reconciliation completed by MBIA MuniFinancial, provides the required information for the Landscape and Lighting District 89-1 for Fiscal Year 2002-2003. A copy of the report is on file in the City Clerk's office. The Engineer's Report projects the following for Fiscal Year 2002-2003 in comparison to the Fiscal Year 2001-2002 Engineer's Report: FY 2001-2002 FY 2002-2003 Citywide benefit zone Yes Yes Number of local benefit zones 6 6 Number of Equivalent Dwelling Units (EDU's) 21,950 23,308 EDU Rate $35.60/EDU $35.60/EDU District Revenue $781,405 $829,748 The actual assessment per equivalent dwelling unit (EDU) has not changed from the previous year. The Engineer's Report was completed in accordance with provisions set forth by Proposition 218, which was passed by the voting public during the November 1996 election. The total proposed Landscape & Lighting Budget expenses for 2002- 2003 total $1,593,986. This amount reflects the cost estimates for exempt landscape maintenance projects (within the road right-of-way) and non-exempt landscape maintenance projects (parks and facilities). The total cost for exempt projects within the Citywide Benefit Zone as indicated in the Preliminary Engineer's Report is $1,102,939. The proposed 2002-2003 budget of $1,102,939 for exempt projects includes $1,099,218 for the total citywide benefit zone and $3,721 for the North La Quinta Sub Zone expenses. As was the case in Fiscal Year 1995-1996 through Fiscal Year 2001- 2002, it is proposed that the North La Quinta Sub Zones continue to be identified in the Engineer's Report and the expenses be funded from sources outside of the Landscape & Lighting Assessment District. 236 T:\PWDEPT\COUNCIL\2002\020702a.wpd oon Under the provisions of Proposition 218, in order to increase assessments within the Lighting and Landscape District, it is required to conduct a public vote on the increased assessments. This public vote may only occur during an election year in which city officials are running for election. Therefore, last year's assessment of $35.60 per EDU is proposed for the Fiscal Year 2002-2003 assessment. With the new parcel reconciliation, the estimated total revenue for the District is $829,748. The difference ($269,470) will be funded through the General Fund. These numbers indicate a shortfall when considering projects that are exempt from the provisions of Proposition 218. Exempt projects include all landscape and lighting within the transportation right-of-way. Landscape and lighting facilities that are not in the transportation right-of-way include parks and public facilities. These projects are not exempt from the provisions of Proposition 218. The proposed fiscal year 2002-2003 budget for all city lighting and landscaping (exempt and non-exempt) is $1,102,939. The total impact to the General Fund due to the Lighting and Landscape assessment shortfall ($273,191), and the non-exempt projects ($491,047) is $764,238. On June 4, 2002, the City Council conducted a Public Meeting in order to provide the affected property owners an opportunity to ask the City Council and staff questions pertaining to the proposed changes to the Landscape and Lighting Assessment District 89-1 for Fiscal Year 2002-2003, as outlined in the Preliminary Engineer's Report, dated May 2002. No one chose to speak regarding the proposed changes. Should the City Council receive testimony from the public through the end of the Public Hearing that warrants a change to the assessment level, the City Council can adjust the assessment levels. However, the assessment can either stay the same or be reduced in comparison to the assessment from Fiscal Year 2001-2002. A reduction in the assessment level will impact the revenues necessary to fund the proposed Landscape and Lighting operational budget for Fiscal Year 2002-2003. If service levels are not adjusted accordingly, the General Fund would need to be utilized to make up the difference between the reduced revenue level and the proposed Landscape and Lighting operational budget. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council confirming the diagram and assessment for Landscape and Lighting District 89-1, Fiscal Year 2002-2003, pursuant to the Engineer's Report; or 2. Direct staff to adjust the Engineer's Report to reflect any changes approved by the City Council upon the conclusion of the Public Hearing. Should the City 23 7 Council direct amendments to the Engineer's Report, dated May 2002, an 00`? T:\PWDEPT\COUNCIL\2002\020702a.wpd amended Engineer's Report and the impacts of the amendments will be submitted to the City Council for approval at the July 16, 2002 City Council Meeting. Upon approval, the City Council will adopt a resolution confirming the assessment diagram and assessments for Fiscal Year 2002-2003, pursuant to the modified Engineer's Report. Any reduction in the assessment will result in a reduction of Landscape and Lighting District revenues available for Fiscal Year 2002-2003, requiring one or a combination of the following: ► Supplement Fiscal Year 2002-2003 revenues with other fund sources, such as the General Fund; ► Reduce services to reflect the reduced revenue levels; or 3. Provide staff with alternative direction. Respectfully submitted, vL Roy F. St Interim Pu on, P.E. orks Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 238 T:\PWDEPT\COUNCIL\2002\020702a.wpd 004 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2002-2003 ASSESSMENT DISTRICT NO. 89-1 (Pursuant to the Landscape and Lighting Act of 1972) The City Council of the City of La Quinta Resolves: SECTION 1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council directed the City Engineer to prepare and file an annual report for Fiscal Year 2002-2003. SECTION 2. The City Engineer filed an annual report on May 21, 2002, and the City Council adopted its Resolution of Intention to Levy and Collect Assessments within Assessment District 89-1 for Fiscal Year 2002-2003 and set a Public Meeting date of June 4, 2002 and a Public Hearing date of July 2, 2002 at the La Quinta City Council Chambers, 78-495 Calle Tampico, La Quinta, California. Notice of the Public Meeting and Public Hearing was given in the time and manner required by law. SECTION 3. On June 4, 2002, a Public Meeting for which notice was given was conducted at which every interested person was given an opportunity to object to the proposed assessment. SECTION 4. On July 2, 2002, a Public Hearing for which notice was given was conducted at which every interested person was given an opportunity to object to the proposed assessment in writing or orally, and the City Council has considered each protest. SECTION 5. On July 2, 2002, the City Council found that written protests against the proposed assessment had not been made by owners representing more than one-half of the area of the land to be assessed. SECTION 6. The City Council hereby confirms the diagram and assessment as set forth in the annual report of the Engineer of Work and hereby levies the assessment set forth for Fiscal Year 2002-2003. 239 005 T:\PWDEPT\COUNCIL\2002\020702a.wpd PASSED, APPROVED, AND ADOPTED this 2"d Day of July 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 9ml T:\PWDEPT\COUNCIL\2002\020702a.wpd 006 Titit 4 w*'PQ" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 2, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Public Hearing on: 1) Certification of an Addendum to a PUBLIC HEARING: Mitigated Negative Declaration of Environmental Impact _ for Environmental Assessment 99-389; 2) Repeal of Specific Plan 99-040, and 3) Tentative Tract 29323; a Request for Map Amendment and Time Extension for a 349-lot Subdivision on ± 117 Acres, Located at the Northwest Corner of Fred Waring Drive and Jefferson Street. Applicant: Cornerstone Development RECOMMENDATION: 1. Adopt a Resolution of the City Council certifying the Addendum to a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-389; and 2. Adopt a Resolution of the City Council to repeal the Design Guidelines and Development Standards previously established under Specific Plan 99-040; and 3. Adopt a Resolution of the City Council approving a time extension and tract amendment for the subdivision of ± 117 acres into 349 lots, under Tentative Tract 29323. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tentative Tract Map 29323 is located at the northwest corner of Fred Waring Drive and Jefferson Street (Attachment 1), and was originally approved for 379 lots on 117 acres (Attachment 2). A Specific Plan was also approved, which included reductions 241 in development standards of the Zoning Code, pertaining to lot size and dimensions, setback requirements and lot coverage. Existing approved lot sizes range from 4,493 to 15,263 square feet. Subsequent to this approval, the property was annexed to the City of La Quinta effective April 17, 2001. No grading has occurred on the site. Project Proposal The applicant proposes to subdivide the original 117 acre site into 349 lots (Attachment 3). The proposed lots range in size from approximately 8,052 (residential Lots 163 and 179) to 25,124 (Lot 345) square feet, with the average being ± 9,500 square feet. Minimum lot widths would be 60 feet, with a 115 foot depth. The proposed tract density is 2.98 units/acre, as opposed to the current 3.23 units/acre. Essentially, the tract is being amended so as to meet the Zoning Code requirements without the need for a Specific Plan. No unit types have been proposed for the lots, but will be reviewed by the ALRC and Planning Commission at the appropriate time. Public Notice This proposal was advertised in the Desert Sun newspaper on June 11, 2002. All property owners within 500 feet of the site were mailed a copy of the public hearing notice. Beyond public agency comments, only one written comment was received prior to the June 11 Planning Commission hearing, from Ms. Karen Short (Attachment 4). All correspondence received prior to the meeting will be presented to the City Council. Planning Commission The Planning Commission, at its June 11, 2002 meeting, recommended approval of the project applications to the City Council (Attachment 5). The Commission discussed the following issues: A. Height of the proposed units, as related to the north and west perimeters along the Bermuda Dunes Country Club. B. Extent of developer's responsibility for Jefferson Street improvements, including the timing of improvements and the physical limits of the City's improvement plans as they affect this development ands other surrounding properties. C. The Planning Commission made several technical modifications to the recommended approval conditions, related to grading parameters, vehicular stacking at entry off Fred Waring, and parkway stormwater retention. Mr. Jay Steele, 79745 Kingston Drive, addressed the Planning Commission in regard to the project perimeter wall and access limitations from Fred Waring Drive. Ms. Chris Clarke of Stamko Development expressed concern over financial responsibility for the Jefferson Street improvements, as they relate to development of her triangular -shaped ± 9 acres, located between the proposed tract and Jefferson Street. She also expressed concern over the grade separations in the area. FINDINGS AND ALTERNATIVES: Findings necessary for approval of each application, in accordance with the recommendation of the Planning Commission, can be found in the respective Resolutions to be adopted for these cases. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council certifying the Addendum to a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-389; and, Adopt a Resolution of the City Council to repeal the Design Guidelines and Development Standards previously established under Specific Plan 99-040; and, Adopt a Resolution of the City Council approving a time extension and tract amendment for the subdivision of ± 117 acres into 349 lots, under Tentative Tract 29323; or 2. Do not adopt a Resolution of the City Council certifying the Addendum to a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-389; and, Do not adopt a Resolution of the City Council to repeal the Design Guidelines and Development Standards previously established under Specific Plan 99-040; and, Do not adopt a Resolution of the City Council approving a time extension and tract amendment for the subdivision of ± 117 acres into 349 lots, under Tentative Tract 29323; or 3. Continue the Hearing to a date specific; or 4. Provide staff with alternative direction. Respectfully submitted, jz�' Herm n Co munity Development Director Approved for submission by: homas P. Genovese, City Manager Attachments: 1. Location Map 2. Approved TT 29323 Map 3. Proposed Amended TT 29323 4. Comment letter from Ms. Karen Short 5. Planning Commission Minutes; June 11, 2002 (4 pages) 244 OC�4 RESOLUTION 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING AN ADDENDUM TO ENVIRONMENTAL ASSESSMENT 99-389, FOR AN AMENDED SUBDIVISION OF 349 LOTS, LOCATED AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND JEFFERSON STREET ENVIRONMENTAL ASSESSMENT 99-389 CORNERSTONE DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did on the 2"d day of July, 2002, hold a duly -noticed Public Hearing to consider a recommendation from the Planning Commission on the adoption of an Addendum to Environmental Assessment 99-389, for Extension #1 of Tentative Tract 29323, Amended #1; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11th day of June, 2002, hold a duly -noticed Public Hearing to consider a recommendation to the City Council on adoption of an Addendum to Environmental Assessment 99-389; and, WHEREAS, the City Council of the City of La Quinta, California, did, on the 15th day of February, 2000, certify a Mitigated Negative Declaration as determined under Environmental Assessment 99-389, prepared for Specific Plan 99-040 and Tentative Tract 29323, as set forth in said Mitigated Negative Declaration; and, WHEREAS, said Addendum complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended, Resolution 83-63, in that the Community Development Director has conducted an Initial Study, and has determined that none of the circumstances set forth in Public Resources Code 21 166 have been shown to exist; and, WHEREAS, a Mitigated Negative Declaration of Environmental Impact was certified for EA 99-389, by Resolution No. 2000-12, prepared for SP 99-040 and TTM 29323, for Wade Ellis; and, WHEREAS, at the Public Hearing held on July 2"d, 2002 upon considering testimony and arguments of all interested persons desiring to be heard, the La Quinta City Council did find the following facts to justify certification of said Addendum: 1. The Revised Project will not have the potential to degrade the quality of the environment, as the Addendum prepared for the Revised Project did not identify any significant impacts beyond the existing project approval. 245 0C" Resolution 2002- Environmental Assessment 99-389-Addendum Cornerstone Development Adopted: July 2, 2002 2. The Revised Project will not have the potential to achieve short term goals to the disadvantage of long-term goals, as the addendum prepared for this Revised Project did not identify any significant impacts with regard to this issue. 3. The Revised Project will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity, as those impacts identified for geologic, water, air quality, biology, hydrology, noise, utility systems and cultural resources were addressed as part of prior environmental review, with no significant new impacts being identified with the Revised Project. 4. The proposed Revised Project will not have environmental effects that will adversely affect human, either directly or indirectly, as the Addendum prepared for this Revised Project did not identify any significant impact with regard to the public health, safety, or general welfare. 5. The proposed Revised Project will not have environmental effects that will adversely affect humans, either directly or indirectly, as the project contemplates land uses that are substantially similar to those already assessed under ultimate development of the La Quinta General Plan and Tentative Tract 29323. No significant impacts have been identified which would affect human health, risk potential or public services. 6. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 7. The Planning Commission and City Council have considered the Addendum to Environmental Assessment 99-389, and both bodies have determined that it reflects the independent judgement of the City. 8. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 9. The location and custodian of the City's records relating to this project is the Community Development Department, located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitutes the findings of the City Council in this case; ,?46 0C13 Resolution 2002- Environmental Assessment 99-389-Addendum Cornerstone Development Adopted: July 2, 2002 2. That it does hereby affirm the environmental determination of the La Quinta Planning Commission, thereby certifying the Addendum to EA 99-389 for Extension #1 of Tentative Tract 29323, Amended #1. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 2"d day of July, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta 247 007 Environmental Checklist Form - EA 2002-446 1. Project Title: Cornerstone Development Specific Plan 99-040 Tentative Tract 29323, Amended #1 /Extension #1 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Wallace Nesbit 760-777-7069 4. Project Location: 117 acres on the Northwest corner of Fred Waring Drive and Washington Street. 5. Project Sponsor's Name and Address: Cornerstone Development 5005 Calle San Raphael #B-1 Palm Springs, CA 92264 6. General Plan Designation: LDR (Low Density Residential) 7. Zoning: RL (Low Density Residential) 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Repeal of the approved Specific Plan design guidelines and development standards to allow revision of an existing tentative map approval. The tentative map is being extended, as a new map is not being filed in lieu of amending the existing map. 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) North: Existing LDR development (Bermuda Dunes) South: New LDR development (Monticello) East: Country Club development (City of Indio) West: Existing LDR development (Bermuda Dunes) 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) 248 P:\Wally\Casedocs\Current\TT29323\eadocs\eacklst389.wpd 1 C O fj Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology and Soils Hazards & Hazardous Materials Hydrology and Water Quality Land Use Planning Mineral Resources Noise Population and Housing Determination On the basis of this initial evaluation: Public Services Recreation TransportatiorvTraffic Utilities and Service Systems Mandatory Findings I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, and nothing further is required. ❑ Signature Wallace Nesbit Printed Name May 21, 2002 Date Community Development Department 249 009 P:\Wally\Casedocs\Current\TT29323\eadocs\eackist389.wpd 2 are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2. All answers must account for the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analysis," may be cross-referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVIII at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. The analysis of each issue should identify: a) the significance criteria or threshold used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance �?0 010 P:\Wally\Casedocs\Current\TT29323\eadocs\eacklst389.wpd 3 Potentially Potentially Significant Less Than Issues (and Supporting Information Sources): Significant Unless Significant No Impact Mitigated Impact Impact Would the proposal result in potential impacts involving: AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? (General Plan MEA) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Site assessment) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Site assessment) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials/site assessment) II. AGRICULTURAL RESOURCES: (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use? (LQGP MEA) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map; MEA) c1 Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? (Aerial photographs; MEA) III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook, EA 99-389) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (1990 PM10 SIP, EA 99-389) c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook/PM10 SIP) P:\Wally\Casedocs\Current\TT29323\eadocs\eacklst389.wpd X X X X M X X X 51 011. 4 Potentially Issues (and Supporting Information Sources): Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact d) Expose sensitive receptors to substantial pollutant concentrations? (Application materials/site analysis) X e) Create objectionable odors affecting a substantial number of people? (Application materials) X IV. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (MEA) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (MEA, site assessment) c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? (MEA) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (MEA, EIR) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (La Quinta Municipal Code; General Plan) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (MEA, p. 5-2 ff; CVFTL HCP, EA 99-389) V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? (EA 99-389) X X X X X X 412 -1-5�� P:\Wally\Casedocs\Current\TT29323\eadocs\eacklst389.wpd 5 Potentially Issues (and Supporting Information Sources): Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact b) Cause a substantial adverse change in the significance of a unique archaeological resource (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? (EA 99-389) X c) Disturb or destroy a unique paleontological resource or site? (Lakebed delineation map) X d) Disturb any human remains, including those interred outside of formal cemeteries? X vl. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan EIR) ii) Strong seismic ground shaking? (General Plan EIR ) iii) Seismic -related ground failure, including liquefaction? (General Plan EIR) iv) Landslides? (General Plan EIR) b) Result in substantial soil erosion or the loss of topsoil? (General Plan EIR) c) Be located on a geologic unit or soil that is unstable, or that could become unstable as a result of the project, and potentially result in on or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (General Plan EIR) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (General Plan EIR) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (MEA, General Plan EIR) X X X X X X X X 013'?53 P:\Wally\Casedocs\Current\TT29323\eadocs\e9cklst389.wpd 6 Potentially Issues (and Supporting Information Sources): Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Site/project assessment) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (Site/project assessment) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Site/project assessment) d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Site/project assessment) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (Not applicable) f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? (Not applicable) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (MEA, La Quinta General Plan) h) Expose people or structures to the risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (EA 99-389; Site assessment) Vill. HYDROLOGY AND WATER QUALITY : Would the project: a) Violate Regional Water Quality Control Board standards or waste discharge requirements? (MEA, General Plan) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (General Plan, EIR) X X X X X X X X X X 014 �51 P:\Wally\Casedocs\Current\TT29323\eadocs\eacklst389.wpd 7 Potentially Issues (and Supporting Information Sources): Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on or off -site? (General Plan EIR) X d) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off -site? (General Plan EIR, Project drainage data) X e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems to control? (EIR; Project drainage data) X f) Place housing within a 100-year flood plain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Not applicable) X g) Place within a 100-year flood plain structures which would impede or redirect flood flows? (General Plan MEA) X IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Project/site assessment; Aerial data) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local costal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (MEA, CVFTL HCP) X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (MEA) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (MEA) XI. NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (EIR, EA 99-389) X K7 X M X PAWa11y\Casedocs\Current\TT29323\eadocs\eack1st389.wpd 8 Potentially Issues (and Supporting Information Sources): Potentially Significant Less Than Significant Unless Significant No Imoact Mitioated Imoact lmDact b) Exposure of persons to or generation of excessive ground - based vibration/noise levels? (EA 99-389) X c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (EA 99-389) X d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Not applicable) X e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (Not applicable) X XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) ? (General Plan, Project assessment) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Project assessment) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Project assessment) XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA) Police protection? (General Plan MEA) Schools? (General Plan MEA) Parks? (General Plan; Recreation and Park Master Plan) Other public facilities? (General Plan MEA) X A P P:\Wally\Casedocs\Current\TT29323\eadocs\eacklst389.wpd 9 Potentially Issues (and Supporting Information Sources): Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks, or other recreational facilities, such that substantial physical deterioration of facilities would occur or be accelerated? (Project assessment) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Project assessment) XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (EA 99-389) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Riverside County CMP; General Plan Circulation Element) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Not applicable) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Project assessment) e) Result in inadequate emergency access? (Project assessment) f) Result in inadequate parking capacity? (Project assessment) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project assessment, EA 96-328) XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (CVWD) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (CVWD). X X X X X X X X X X X 4?s 017 P:\Wally\Casedocs\Current\TT29323\eadocs\eacklst389.wpd 10 c) Require or result in the construction of ne drainage facilities or expansion of existing construction of which could cause significant effects? (CVWD) Issues (and Supporting Information Sources): w storm water facilities, the environmental X Potentially Potentially Significant Significant Unless Impact Mitigated Less Than Significant No Impact Impact d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (CVWD) e) Has the wastewater treatment provider which serves or may X serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (CVWD comments) X f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (MEA, page 4-28) X XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects)? d► Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII. EARLIER ANALYSES. X X X Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Not applicable. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. 25,9 Not applicable. 018 P:\Wally\Casedocs\Current\TT29323\eadocs\eacklst389.wpd 11 c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. See attached Checklist Addendum. P:\Wally\Casedocs\Current\TT29323\eadocs\eacklst389.wpd 12 ENVIRONMENTAL ASSESSMENT 2002-446: ADDENDUM TO CITY OF LA QUINTA ENVIRONMENTAL ASSESSMENT #99-389 (CEQA GUIDELINE 15164) FOR REPEAL OF SPECIFIC PLAN 99-040 TENTATIVE TRACT 29323, EXTENSION #1 TENTATIVE TRACT 29323, AMENDED #1 Presented to the Planning Commission for Recommendation Planning Commission Resolution 2002- June 11, 2002 ,,?p 020 PAW ally\Casedocs\Current\TT29323\eadocs\adden389. wpd The City of La Quinta, as lead agency under the California Environmental Quality Act, Public Resources Code section 21000, et seq. ("CEQA") has prepared this Addendum pursuant to CEQA Guideline 15164. This is an Addendum to Environmental Assessment #99-389, certified on February 15, 2000, by the La Quinta City Council for Wade Ellis. The purpose of this Addendum is to document a modification of a portion of the project, which will be implemented through the following land use approvals: REPEAL OF SPECIFIC PLAN 99-040 TENTATIVE TRACT 29323, EXTENSION #1 TENTATIVE TRACT 29323, AMENDED #1 These are collectively referred to as "the Revised Project." All mitigation measures included in EA 99-389 are incorporated into this document by reference. The Revised Project consists of a 349 lot single family subdivision proposal on Parcel ± 117 acres, which would replace the existing approval for 379 lots. The current approval includes a Specific Plan approval to allow reduced lot sizes and other development standard variations. The City has determined that the Revised Project will be consistent with the intensity of development and character of the adjacent residential properties, and will be consistent with the goals, policies, and objectives of the City's General Plan, as approved by the City in March 2002. The Revised Project does not propose any significant change to the land uses as approved in Specific Plan 99-040. The Specific Plan currently allows for 379 lots (3.24 units/acre). The approvals requested as part of the Revised Project are: 1) Repeal of the existing Specific Plan to allow changes to the site layout, lot siting and design, and total unit count within the framework of the Zoning Code as currently existing; 2) An extension of time for the existing tentative map approval; 3) An amendment to the existing approved tentative map, which would revise the project to the degree that the originally approved Specific Plan is no longer required. The City has compared the impacts identified in the Environmental Checklist prepared for the Revised Project with those impacts analyzed in the adopted EA 99-389 and finds as follows: P:\Wally\Casedocs\Current\TT29323\eadocs\adden389.wpd Water - Impacts no greater than previously analyzed. The Revised Project will create drainage impacts similar to those identified for the original proposal under EA 99-389. As such, the map provides for several smaller retention areas, interconnected through a linear facility traversing the site northwest to southeast. Biology - Impacts no greater than previously analyzed. The development of the Revised Project will result in a similar loss of habitat for the Coachella Valley Fringe Toed Lizard (CVFTL). However, this site is in an area approved for mitigation under an existing 10A permit, pursuant to the Federal Endangered Species Act. A focused survey for Giant Sand Treader Cricket must be undertaken. Cultural Resources - Impacts no greater than previously analyzed. The project proponent shall submit for review and approval , a comprehensive Phase II archaeological investigation. An archaeological monitor shall be on site during any grubbing, earth moving or excavation activities. Air Quality - Impacts no greater than previously analyzed. The Coachella Valley has in the past been a non -attainment area for PM 10 (particulate matter of 10 microns or smaller), and is currently in danger of losing it's attainment status. In order to control PM 10, the City has imposed standards and requirements on development to control dust. This project will be required to comply with the PM 10 Fugitive Dust Control Plan (FDCP) currently approved for the entire project area. Noise - Impacts no greater than previously analyzed. Development of the site will create construction noise impacts of a short-term nature. Long term impacts relate to roadway noise. A revised acoustic study will be required to address the effects of such noise on the Revised Project. Geology & Soils - Impacts no greater than previously analyzed. The site is not located in any Earthquake Fault zones as designated by the State but is mapped in Ground Shaking Zone IV meaning seismic events can cause damage to building under certain occurrences. Impacts involving potential seismic activity also relate to possible risk associated with upset of hazardous substances (i.e. fuels and auto - related chemicals and wastes) and potential for upset/explosion/fire. The project will be required to adhere to seismic reinforcement and other requirements as called for by the UBC. Transportation/Traffic - Impacts slightly less than those previously analyzed. Development of the Revised Project reduces overall unit count from 379 to 349 (8%). A corresponding reduction in generated traffic can be anticipated. ,?6? 022 P:\Wally\Casedocs\Current\TT29323\eadocs\adden389.wpd The City finds that consideration of the Revised Project does not call for the preparation of a subsequent EA pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that the Revised Project does not involve: 1) substantial changes to the project analyzed in the EA which would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; 2) substantial changes with respect to the circumstances under which the project is being undertaken, which would involve new significant effects on the environment not analyzed in the EA; or 3) new information of substantial importance which would involve new significant effects on the environment not analyzed in the EA, or substantially increase the severity of previously identified impacts. EA 99-389 has been incorporated with this addendum. A copy of the complete EA document is attached. 263 023 P:\Wally\Casedocs\Current\TT29323\eadocs\adden389.wpd RESOLUTION 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REPEALING THE DESIGN GUIDELINES AND DEVELOPMENT STANDARDS PREVIOUSLY ESTABLISHED UNDER SPECIFIC PLAN 99-040 REPEAL OF SPECIFIC PLAN 99-040 CORNERSTONE DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did on the 2"d day of July, 2002, hold a duly -noticed Public Hearing to consider a recommendation from the Planning Commission to repeal Specific Plan 99-040; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 1 1 th day of June, 2002, hold a duly -noticed Public Hearing to consider a recommendation to the City Council to repeal Specific Plan 99-040; and, WHEREAS, at said Public Hearing, the Planning Commission did in fact recommend that the City Council repeal Specific Plan 99-040; and, WHEREAS, said application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2002-446); and, WHEREAS, the Community Development Director has determined that the repeal of Specific Plan 99-040 will not have a significant adverse effect on the environment; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts to justify the repeal of said Specific Plan: 1. Repeal of the Specific Plan will not be detrimental to the health, safety, or general welfare of the community, either indirectly or directly, in that no significant impacts have been identified. 2. Repeal of the Specific Plan will not have the potential to degrade the quality of the environment, as the repeal action does not involve physical development, nor is it anticipated to significantly affect existing patterns or trends in the project area's development. 3. Repeal of the Specific Plan does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as . ) 4 the repeal will not appreciably alter the types or intensity of the residential use'02 4 currently contemplated for the site. Resolution 2002- Repeal of Specific Plan 99-040 Cornerstone Development Adopted: July 2, 2002 4. Repeal of the Specific Plan will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity, as repealing the Specific Plan will not create any physical environmental impacts. The Revised Project is a consistent representation of the project type desired in the Low Density Residential Land Use category, as long as the current General Plan land use designations are applicable. 5. Repeal of the Specific Plan will not have environmental effects that will adversely affect the human population, either directly or indirectly, as the Revised Project encourages uses similar to those already assessed under ultimate development of the La Quinta General Plan, and which were addressed in the EIR previously certified for the General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the recitations are true and correct and constitute the findings of the City Council for this Specific Plan repeal action. 2. That it does hereby repeal Specific Plan 99-040 for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 2"d day of July, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California .s 025 Resolution 2002- Repeal of Specific Plan 99-040 Cornerstone Development Adopted: July 2, 2002 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta P:\Wally\Casedocs\Current\TT29323\Resos\ccresorepeal99040.wpd 020 6F� RESOLUTION 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A TIME EXTENSION AND TRACT AMENDMENT FOR THE SUBDIVISION OF ± 117 ACRES INTO 349 SINGLE FAMILY LOTS TENTATIVE TRACT 29323 CORNERSTONE DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did on the 2"d day of July, 2002, hold a duly -noticed Public Hearing to consider a recommendation from the Planning Commission on a time extension and tract amendment for Tentative Tract 29323; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 1 11h day of June, 2002, hold a duly noticed Public Hearing at the request of Cornerstone Development to subdivide ± 117 acres into 349 single family residential lots and several lettered lots, generally located on the northwest corner of Fred Waring Drive and Jefferson Street, more particularly described as: PORTION OF THE SE 1 /4 OF SECTION 17, T5S, R7E, S.B.B.M. WHEREAS, at said Planning Commission public hearing, the Planning Commission did in fact recommend that the City Council approve said Time Extension and Tract Amendment for Tentative Tract Map 29323; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did confirm the following mandatory findings to approve said Time Extension and Tract Amendment for Tentative Tract Map 29323: Finding Number 1 - Consistency with CEQA The La Quinta Community Development Department has prepared Environmental Assessment 2002-446, an Addendum to Environmental Assessment 99-389 for TT 29323, which was certified on February 15, 2000. Based on this Addendum, the Community Development Department has determined that none of the circumstances or conditions which would trigger the preparation of a subsequent Environmental Impact Report pursuant to Public Resources Code Section 21166, have been shown to exist. 027 267 ccresoTT29323A1.wpd Resolution 2002- Tentative Tract 29323, Extension #1 Amended Cornerstone Development Adopted: July 2, 2002 Finding Number 2 - Consistency with the General Plan The proposed Tentative Tract Map amendment is consistent with the City's General Plan with the implementation of Conditions of Approval to provide for adequate stormwater drainage, and other infrastructure improvements. The project is consistent with the residential land use designation of Low Density up to 4 dwelling units per acre, as set forth in the General Plan. Finding Number 3 - Consistency of Design and Improvements The design and improvements of the proposed subdivision are consistent with the City's General Plan, with the implementation of recommended conditions of approval to ensure proper street widths, perimeter walls, parking requirements, and timing of their construction. Finding Number 4 - Consistency of Public Easements As conditioned, the design of the subdivision and type of improvements, acquired for access through, or use of, property within the proposed subdivision will not conflict with such easements. Finding Number 5 - Public Health and Safety The design of the subdivision and type of improvements are not likely to cause serious public health problems, in that this issue was considered in Environmental Assessment 99-389 and Subsequent Environmental Assessment 2002-446, in which no significant health or safety impacts were identified for the proposed Revised Project. Finding Number 6 - Suitability of Site The site of the proposed subdivision is physically suitable for the proposal as natural slopes do not exceed 20%, and there are no identified geological constraints on the property that would prevent development pursuant to the geotechnical study prepared for the subdivision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: ccresoTT29323A 1 .wpd Resolution 2002- Tentative Tract 29323, Extension #1 Amended Cornerstone Development Adopted: July 2, 2002 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby require compliance with those mitigation measures required for Tentative Tract Map 29323, as set forth in Environmental Assessment 99- 389 and subsequent Addendum; 3. That it does hereby grant approval of Tentative Tract Map 29323, Extension #1 Amended, for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 2nd day of July, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta 26 029 ccresoTT29323A1.wpd RESOLUTION 2002- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29323 - 1ST EXTENSION, AMENDED #1 CORNERSTONE DEVELOPMENT JULY 2, 2002 Bold italics, strekeout indicate Planning Commission changes on June 1 1 , 2002. GENERAL 1 . The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC") . The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Approval of this Amended Tentative Tract 29323 hereby nullifies the approval for Specific Plan 99-040 (Sand Harbor), and said Specific Plan shall be void and of no further force or effect, upon City Council adoption of these conditions. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Myoma Dunes Water Company • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) nl� - 036, coacc29323.wpd Resolution 2002 - Tentative Tract 29323 July 2, 2002 • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ . A. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All of applicant's erosion and sediment control BMPs shall be approved by the City Engineer prior to any on or off site grading being done in relation to this project. 271 - 031. coacc29323.wpd Resolution 2002 - Tentative Tract 29323 July 2, 2002 F. All approved project BMPs shall be maintained in their proper working order throughout the course of construction, and until all improvements have been accepted by the City. 6. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 8. The applicant shall offer for dedication on the Final Map all public street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 9. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Jefferson Street (Major Arterial) - The remainder of applicant's 60 foot half of a 120 foot right of way. 2) Fred Waring Drive (Primary Arterial) - The remainder of applicant's 55 foot half of a 110 foot right of way. 10. The applicant shall retain for private use on the Final Map all private street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 11. The private street right-of-ways to be retained for private use required for this development include: R� coacc29323.wpd Resolution 2002 - Tentative Tract 29323 July 2, 2002 A. PRIVATE STREETS 1) Residential: "Looped" Streets - 41 foot width. 2) Residential: Non -Looped Streets - 37 foot width. B. CUL DE SACS 1) Public or Private: Use Riverside County Standard 800 for symmetrical Cul De Sacs, or 800A for offset Cul De Sacs and a 38-foot face of curb radius. 1 1 . Right-of-way geometry for standard knuckles and property line corner cut -backs at curb returns shall conform to Riverside County Standard Drawings #801, and #805, respectively, unless otherwise approved by the City Engineer. 12. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 13. When the City Engineer determines that access rights to the proposed street right- of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 14. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 15. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Jefferson Street (Major Arterial) - 20-feet from the Right of Way/Property Line. B. Fred Waring Drive (Primary Arterial) - 20-feet from the Right of Way/Property Line. The listed setback depth shall be the average depth where a meandering wall design is approved. 2?3 033 coacc29323.wpd Resolution 2002 - Tentative Tract 29323 July 2, 2002 The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 16. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 17. The applicant shall vacate all abutter's right -of -access to public streets and properties from all frontages along such public streets and properties, excepting those access points shown on the Final Map. 18. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 19. When an applicant proposes the vacation, or abandonment, of any existing right-of- way, or access easement, which will diminish the access rights to any properties owned by others, the applicant shall provide an alternate right-of-way or access easement, to those properties, or notarized letters of consent from the affected property owners. 20. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 21. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster - image file of such Final Map. b�3`� coacc29323.wpd Resolution 2002 - Tentative Tract 29323 July 2, 2002 IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 22. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 23. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Off -Site Street Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical The street improvement plans shall include permanent traffic control and separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. B. Off -Site Street Median Landscape Plan: 1 " = 20' C. Perimeter Landscape Plan: 1 " = 20' D. On -Site Street Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical E. On -Site Rough Grading Plan: 1 " = 40' Horizontal F. On -Site Precise Grading Plan: 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of ►—feet six inches 7 coacc29323.wpd 033 Resolution 2002 - Tentative Tract 29323 July 2, 2002 of cover, except where there are slope ratios greater than 2:1, or sufficient cover to clear any adjacent obstructions. "Site Utility" plans shall normally include all sub -surface improvements including but not necessarily limited to sewer lines, water lines, fire protection and storm drainage systems. The "Site Utility" plan shall have signature blocks for the Building Official and the City Engineer. 24. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 25. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 26. Prior to the conditional approval of any Final Map, or the issuance of any permit(s), the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 27. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 036 coacc29323.wpd Resolution 2002 - Tentative Tract 29323 July 2, 2002 28. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 29. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: (1) construct certain off -site improvements, (2) construct additional off -site improvements, subject to the reimbursement of its costs by others, (3) reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map, (4) secure the costs for future improvements that are to be made by others, or (5) to agree to any combination of these means, as the City may require. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 30. When improvements are to be secured through a SIA, and prior to any conditional approval of the Final Map by the City Council, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approve7,y 037 coacc29323.wpd Resolution 2002 - Tentative Tract 29323 July 2, 2002 by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. GRADING 31. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 32. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 33. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. 278 coacc29323.wpd 038 Resolution 2002 - Tentative Tract 29323 July 2, 2002 The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 34. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 35. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 36. Building pad elevations of perimeter lots shall not be higher by more that one foot from the building pads in adjacent developments. 37. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 38. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot on the perimeter, or one foot on the interior, from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 39. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative campaction of the pad soil. The data shall be organized by lot number, and Listed cumulatively if submitted at different times. coacc29323.wpd Resolution 2002 - . Tentative Tract 29323 July 2, 2002 40. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within.a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 41. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 42. The applicant shall meet the individual -lot retention provisions of Chapter 13.24.120 (Drainage), sub -section "K.", LQMC. Stormwater shall normally be retained in common retention basin(s) as shown on the Tentative Tract Map. Individual lot basins or other retention concepts may be approved by the City Engineer for lots 2 1/2 acres in size or larger or where the use of common retention is determined by the City Engineer to be impracticable. If individual lot retention is approved, the applicant shall meet all individual lot retention provisions of Chapter 13.24, LQMC. 43. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 44. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field approved by the City Engineer. The sand filter and leach field shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. 45. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 280 040 coacc29323.wpd Resolution 2002 - Tentative Tract 29323 July 2, 2002 46. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. In developments for which security will be provided by public safety entities (e.g., the La Quinta Building and Safety Department or the Riverside County Sheriff's Department), retention basins shall be visible from adjacent street(s). 47. For on -site common retention basins, retention depth shall not exceed six feet and side slopes shall not exceed 3:1 . For retention basins on individual lots, retention depth shall not exceed two feet. 48. Stormwater may not be retained in any Genera/ Plan -required landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 49. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 50. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 51. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 52. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 53. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 54. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 281 041. coacc29323.wpd Resolution 2002 - Tentative Tract 29323 July 2, 2002 All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 55. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 56. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 57. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1 /8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 58. The applicant shall construct the following street improvements to conform with the General Plan street type noted in parentheses. A. OFF -SITE STREETS 1) Jefferson Street (Major Arterial) - 120 foot Right of Way: Jefferson Street is scheduled to be improved as part of a City sponsored improvement project. The applicant shall reimburse the City for the cost of the outside 20 feet of improvements, including the curb and gutter. In addition to the reimbursement, the applicant shall construct the following: (a) 8-foot wide meandering sidewalk along the project frontage. 282 coacc29323.wpd 042 Resolution 2002 - Tentative Tract 29323 July 2, 2002 (b) Interim intersection improvements at the project entry as it connects to the existing Jefferson Street section, including required transition tapers and signing and striping. 2) Fred Waring Drive (Primary Arterial) - 110 foot Right of Way: Widen the north side of the street to a 43-foot wide half section along the frontage adjacent to the Tentative Tract Map boundary. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. Street widening improvements shall include all appurtenant components such as, but not limited to, curb, gutter, traffic control striping, legends, and signs, except for street lights. Other significant new improvements required for installation in, or adjacent, to the subject right of way include: (a) 8-foot wide meandering sidewalk along the project frontage. (b) 18-foot wide landscaped median from Jefferson Street to the westerly boundary of the Tentative Tract Map (The landscape median improvements are eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program). (c) Traffic signal at Fred Waring Drive and Jefferson Street. Necessary modifications to accommodate the improved roadway sections. B. PRIVATE STREETS 1) "Looped" Streets - Construct full 40-foot wide improvements within a 41 foot right-of-way. 2) Non -Looped Streets - Construct full 36-foot wide improvements within a 37-foot right-of-way. C. PRIVATE CUL DE SACS 11 Private Cul-de-sacs shall be constructed to Riverside County Standard 800 for symmetrical Cul-de-sacs and Standard 800A for offset Cul-de- 28 04� coacc29323.wpd Resolution 2002 - Tentative Tract 29323 July 2, 2002 sacs, and both shall be constructed with a 38-foot curb radius, measured gutter flow -line to gutter flow -line. 59. All gated entries shall provide for a tvvo three -car minium stacking capacity for inbound traffic; and shall provide for a full turn -around outlet for non -entry accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a "U" Turn back out onto Jefferson Street and Fred Waring Drive, from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry; one lane shall be dedicated for residents, and one lane for visitors. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 60. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential Collector Secondary Arterial Primary Arterial Major Arterial 3.0" a.c./4.50" c.a.b. 4.0"/5.00" 4.0"/6.00" 4.5"/6.00" 5.5"/6.50" or the approved equivalents of alternate materials. 61. General access points and turning movements of traffic are limited to the following: A. Jefferson Street Entry (Located approximately 1,050 feet north of Fred Waring Drive): Left turn in, right turn in, right turn out. Left turn movements out are prohibited. The median island on the Entry Street shall be designed to direct traffic to the right to facilitate a right turn only movement. Appropriate signing and striping shall be provided. The design of the median coacc29323.wpd 0448� Resolution 2002 - Tentative Tract 29323 July 2, 2002 island and associated signing/striping shall be subject to review and approval of the City Engineer. B. Fred Waring Drive (Located approximately 1,250 feet west of Jefferson Street): Left turn in, right turn in, right turn out. Left turn movements out are prohibited. The applicant shall design and construct the Fred Waring Drive median to facilitate the left turn in, only, turning movement to the satisfaction of the City Engineer. The median island on the Entry Street shall be designed to direct traffic to the right to facilitate a right turn only movement. Appropriate signing and striping shall be provided. The design of the median island and associated signing and striping shall be subject to the review and approval of the City Engineer. 62. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid - block street lighting is not required. 63. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 64. Standard knuckles and corner cut -backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. 65. The applicant shall extend improvements beyond the subdivision boundaries within professional standards, to ensure they safely integrate with existing improvements. CONSTRUCTION 66. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. 28,5 045 coacc29323.wpd Resolution 2002 - Tentative Tract 29323 July 2, 2002 LANDSCAPING 67. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 68. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 69. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. Prior to CVWD review, the applicant shall provide calculations that meet the requirements of Chapter 8.13 of the Municipal Code (Water Efficient Landscaping). NOTE: Plans are not approved for construction until signed by the City Engineer. 70. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. PUBLIC SERVICES 71. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. 72. Specific fire protection requirements will be determined when final maps/building plans are submitted for review. Final conditions will be addressed when building plans are submitted. A plan check fee must be paid to the Fire Department at the time building and water system plans are submitted. QUALITY ASSURANCE 73. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. ''Qr 040 coacc29323.wpd Resolution 2002 - Tentative Tract 29323 July 2, 2002 74. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 75. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 76. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 77. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 78. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 79. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 80. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 047 coacc29323.wpd Resolution 2002 - Tentative Tract 29323 July 2, 2002 81. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). COMMUNITY DEVELOPMENT 82. Building heights shall be limited to one story/22 feet around the perimeter of the tract, for a distance into the site of 150 feet. 83. Prior to submittal for building plan check, the developer shall update the acoustic analysis on file dated August 5, 1999 and prepared by Douglas Eilar and Associates. The update shall include consideration for limiting building height along Jefferson Street and Fred Waring Drive to one story/22 feet, and shall address revisions to sound barrier requirements and CNEL levels due to redesign of the tract map. 84. In conjunction with the first permit application on the site, the project proponent shall submit for review and approval by the Historic Preservation Commission, a comprehensive Phase II archaeological investigation, to be performed in conformance with City standards. The Phase II study shall include recommended mitigation measures and a monitoring plan. 85. An archaeological monitor shall be on site during any grubbing, earth moving or excavation activities. Should a resource be identified by the monitor, he/she shall be empowered to halt or redirect grading activities while the resource is properly isolated. For identification and study. The monitor shall file a report with the City on his/her findings, including the disposition of any resource identified. 86. Prior to any grading activity, the developer shall undertake a focused survey to identify potential Giant Sand Treader Cricket habitat. The survey shall include mitigation measures and a monitoring plan, if necessary. The survey shall be submitted to the City for review and acceptance prior to a grading permit being issued, and any mitigation required by the City shall be in place. 048 coacc29323.wpd c 40TH AVENUE ceve oR 10 0 cr- z 0 i z 42ND AVENUE i 0 Z SITE FRED WARING DR 0 z 0 w z 0 w MILES AVE .VICINITY MAP N.T.S. ATTACHMENT 1 CASE MAP CASE NNORTH EXTENSION OF TIME SCALE: NTS REPEAL OF SP 99-040 5 ID e Y6 •• 'pg 6 9sY a � gIvea�a11190 59 8#k aapi� �� R >y 5 e # # ## �j W P, s$_ .. avi plsx .6. ai.11[1. �.5�#SY�a�5G5��s5Y�#�#��a � �� 65�� e�5$YaE� r yy='L�3 4y N . Z W Ili fl I it < FF{{{GGG.I/� 9 051.9 ig 11 z w U a a May 26, 2002 i RECEIVED Community Development Department (o MAY 2 g 200 Planning Commission City of La Quanta ` 78-495 Calle Tampico La Quanta, CA 92253 RE: Proposed Public Hearing on June 11, 2002 re: amended TT 29323, division of 117 acres into 349 single family lots on a Portion of the Southeast'/4 of Section 7, T5S R7E, S.B.B.M. Dear Sir or Madame: We live directly backed up on the North end of the subject property. We, further are quite concerned how the development of the subject property will affect both the enjoyment of our home and its value which will or could be negatively impacted by the following: 1) Will the subject property be graded to a consistent level prior to laying out the lots? 2) What height of homes are planned or permitted for the subject property? 3) Will the property be part of a "gated community" surrounded by a wall? If so, of what will such wall be constructed and what will be its height? Since moving into our home three years ago, of particular enjoyment has been the privacy we have enjoyed. Having homes directly behind us which would afford someone the ability to look directly into our backyard or swimming pool would certainly detract from the enjoyment of our home and its resale value. 1,% While I anticipate an answer in writing to my concerns, we will be at the June 1 lth meeting. Sincerely, Karen L. Short 79725 Kingston Drive Bermuda Dunes Indio, CA 92201 ATTACH M ENTV 053 Planning Commission Minutes June 11, 2002 the building on Parcel 5 is owned by a differen,-6wner. Parcels 3 and 4 are owned by Affiliated Constru 'on. He went -on to explain the phasing of the stairwells a the other buildings. 5. There being no further public co ent, Chairman Abels closed the public participation portion o the public hearing and opened the matter for Commission di ussion. 6. There being no furth discussion, it was moved and seconded by Commissioners tier/Kirk to adopt Planning Commission Resolution 200 -065 approving Site Development Permit 2002- 738, as sub tted. ROLL CALL: AAS: Commissioners Butler, Kirk, Robbins Tyler, and hairman Abels. NOES: None. ABSENT: None. ABSTAIN: 1► VIM C. Certification of an Addendum to Environmental Assessment 99-389, Specific Plan 99-040, and Tentative Tract Map 29323, Extension #1/Amendment #1; a request of Cornerstone Development for recommendation of Certification of an Addendum to an Environmental Assessment, repeal of Specific Plan 99-040, and first extension of time and an amendment request for a Tentative Tract Map for the property located at the northwest corner of Fred Waring Drive and Jefferson Street. 1. Chairman Abels opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. Commissioner Robbins asked if the Specific Plan was being eliminated. Staff stated that was one of the actions before the Commission. 3. Commissioner Butler asked if this developer was responsible for the Jefferson Street improvements. Senior Engineer Steve Speer explained this portion of the improvements was part of the Phase II Jefferson Street Improvements and will be funded for the Budget Year 2005-06, and will be publically installed. The applicant will be responsible for reimbursing the City for their portion of 054 Jefferson Street. ATTACHMENT 5 .G:\WPDOCS\PC Minutes\6-11-02.wpd 4 Planning Commission Minutes June 11, 2002 4. Commissioner Robbins asked if the north side of Fred Waring Drive would be widened. Staff noted there was a length of about half a mile that would not be completed as it is in the County. Staff also noted that Fred Waring Drive had been downsized to a four lane Arterial. 5. Commissioner Tyler asked if the strip of land to the northeast of this project was within the City limits. Community Development Director Jerry Herman noted this piece and the right of way up to Country Club Drive were in the City. Commissioner Tyler noted that the water purveyors needed to be identified in the conditions and asked that the stacking lane at the entrance be increased to three cars. 6. There being no further questions of staff, Chairman Abels asked if the applicant would like to address the Commission. Mr. Marvin Roos, engineer for the project, stated they concurred with most of the conditions. Some of the conditions they had issue with were: Condition #23, rough grading, they would like to request 6 inches. Condition #38, they would request 3/10's of a foot for the perimeter and up to one, or two feet for the interior to allow them to work with the utility companies. 7. Commissioner Robbins stated the grading plan would already have these issues resolved. Senior Engineer Steve Speer stated that in this location there are elevations on a tentative map and staff is asking them to live with the perimeter elevations very precisely. Mr. Roos has noted that during the rough grading it is hard to pin down the interior grading and that is why they are asking for relief. Staff is allowing for this through the substantial compliance review to alleviate any sensitive issues that may be there on this project. 8. Mr. Roos asked about Condition #48 if it could be changed to read, "...be retained in the required landscaped parkways and required landscape setback..." Condition #65 clarification is needed as to the distance. Condition #69 clarified to be Myoma Dunes Water Company. 9. Commissioner Tyler asked if the 20,000 square foot lots would be amenity lots. Mr. Roos stated they would be estate lots. Commissioner Tyler stated he is very pleased with this new design .� and the larger lots. 05-3 G:\WPDOCS\PC Minutes\6-11-02.wpd 5 Planning Commission Minutes June 11, 2002 10. Chairman Abels asked if anyone else would like to address the Commission on this project. 11. Mr. Jay Steele, Kingston, stated his lot abuts this project and he would like to know what will happen to the wall that separates this project from the Bermuda Dunes Country Club to protect their security. He also asked if the access on Fred Waring Drive would be a right turn in only. Senior Engineer Steve Speer stated it would be a right turn in and out and left turn in. Mr. Roos stated they anticipate the phasing to be the south end first, and the wall would be built in Phase I and the rest of the wall in Phase II. 12. Ms. Chris Clarke, Stamko Development Company, stated she owns the triangular piece to the northeast of this project and she is very concerned about the grading. In addition, she asked who is paying for the Jefferson Street improvements. Senior Engineer Steve Speer stated the improvements would be publically funded. Ms. Clarke asked about the turning movement on Jefferson Street. Staff stated three movements would be allowed. Staff stated that in regard to the street improvements, staff has a hard time making an applicant reimburse for streets that are installed. The policy therefore, has been that if the street is installed prior to a project submitting application, no reimbursement can be required unless an assessment is done prior to the map. Community Development Director Jerry Herman stated that if Ms. Clarke comes in with a project before the City lets the contract out for Phase II of the street improvements, she will be required to reimburse the City. Ms. Clarke stated she is very interested in the wall and grades as they are extreme in this area. 13. There being no further public comment, Chairman Abels closed the public participation portion of the public hearing and opened the matter for Commission discussion. 14. Commissioner Robbins stated this is a vast improvement over the other project proposed for this site. 15. There being no further discussion, it was moved and seconded by Commissioners Robbins/Butler to adopt Planning Commission Resolution 2002-066 recommending certification of an Addendum to Environmental Assessment 99-389, subject to the findings. G:\WPDOCS\PC Minutes\6-11-02.wpd 6 050 Planning Commission Minutes June 11, 2002 ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSENT: None. ABSTAIN: None. 16. It was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2002-067 recommending repeal of Specific Plan 99-040, subject to the findings. ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSENT: None. ABSTAIN: None. 17. It was moved and seconded by Commissioners Butler/Kirk to adopt Planning Commission Resolution 2002-068, recommending approval of Extension #1 for Tentative Tract Map 29323, Amendment #1, subject to the findings A. Condition #4: Add Myoma Water District. B. Condition #23: Change to note all footings shall have a minimum six inches of cover except where there is a slope ratio greater than 2:1. C. Condition #38: Change to "3/10's of a foot on the perimeter and one foot on the interior." D. Condition #48: add the words "required landscape parkways or required landscaped setback." E. Condition #59: Change to require three car stacking. F. Condition #65: Add, "within professional standards." ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSENT: None. ABSTAIN: None. Chairman Abels rel essed the meeting at 8:41 p.m. and reconvened at 8:47 p.m. VII. BUSINESS ITEMS: A Sign AP10liclation 2002-618; a request of Stamko Development Company for review of sign program for the Centre at La Quinta Retail Buildings located on the south side of Highway 1 1 1, east of La Quinta Centre Drive. R Iq 057 G:\WPDOCS\PC Minutes\6-11-02.wpd 7