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2002 10 01 CCTdif 4 4aQ" City Council Agendas are available on the City's web page CO) www.la-quinta. org City Council Agenda CITY COUNCIL CHAMBER 78-495 Calle Tampico - La Quinta, California 92253 Regular Meeting Tuesday, October 1, 2002 - 2:00 p.m. Beginning Res. No. 2002-136 Ord. No. 377 CALL TO ORDER 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 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. 1. CONFERENCE WITH CITY'S LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - SOUTH OF THE AIRPORT NEIGHBORHOOD ASSOCIATION V. CITY OF LA QUINTA, ET AL., RIVERSIDE COUNTY SUPERIOR COURT CASE NO. INC 028505. 2. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) - ONE MATTER. City Council Agenda Page 1 October 1, 2002 3. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED ON THE SOUTH SIDE OF HIGHWAY 111, WEST OF JEFFERSON STREET (APN's 649- 030-010, 013, AND 007. PROPERTY OWNER/NEGOTIATOR: MIKE DOBROTA. RECONVENE 3:00 P.M. IV. PLEDGE OF ALLEGIANCE V. PUBLIC COMMENT At this time, members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak to come forward at the appropriate time. VI. CONFIRMATION OF AGENDA VII. PRESENTATIONS Vill. WRITTEN CORRESPONDENCE CORRESPONDENCE FROM THE CLEAN CITIES COACHELLA VALLEY REGION. 2. CORRESPONDENCE FROM THE SOUTHERN CALIFORNIA WATER COMMITTEE. IX. APPROVAL OF MINUTES APPROVAL OF THE MINUTES OF THE MEETING OF SEPTEMBER 17, 2002. City Council Agenda Page 2 October 1, 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 OCTOBER 1, 2002. 2. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR TWO ANIMAL CONTROL OFFICERS TO ATTEND THE NATIONAL ANIMAL CONTROL ASSOCIATION'S TRAINING ACADEMY IN TORRANCE, CALIFORNIA, NOVEMBER 4-8, 2002. 3. APPROVAL OF CONTRACT CHANGE ORDER NO. 81 AND ACCEPTANCE OF JEFFERSON STREET FINAL IMPROVEMENTS, PHASE I - AVENUE 54 TO HIGHWAY 1 1 1, PROJECT NO. 99-05. 4. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 25691, WILDFLOWER, WORLD DEVELOPMENT. 5. APPROVAL TO AWARD A PROFESSIONAL SERVICES AGREEMENT TO TRI-STATE LAND SURVEYORS FOR SURVEY SERVICES FOR THE LA QUINTA COMMUNITY PARK IMPROVEMENT PROJECT NO. 2000-11. 6. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 23995-7, SIENNA DEL REY, CENTURY HOMES. 7. ACCEPTANCE OF PROJECT NO. 98-19 A & B, VILLAGE COMMERCIAL, PHASE VI COVE IMPROVEMENTS, PROTOTYPICAL STREET IMPROVEMENTS (CALLE ESTAD0), ASSESSMENT DISTRICT 2000-1. 8. ACCEPTANCE OF PROJECT NO. 98-19C, WESTWARD HO, ASSESSMENT DISTRICT 2000-1. 9. APPROVAL OF FISCAL YEAR 2001 /2002 CITY OF LA QUINTA ART IN PUBLIC PLACES ANNUAL REPORT. 10. APPROVAL OF FISCAL YEAR 2001 /2002 CITY OF LA QUINTA DEVELOPMENT PROJECT FEE REPORT. 11. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR THE LA QUINTA COMMUNITY PARK, PROJECT NO. 2000-11 . XI. BUSINESS SESSION SECOND READING OF ORDINANCE NO. 376 ADOPTING THE YEAR 2001 CALIFORNIA BUILDING STANDARDS CODE BY REFERENCE. A. ADOPT ORDINANCE NO. 376 ON SECOND READING City Council Agenda Page 3 October 1, 2002 2. CONSIDERATION OF AN AMENDMENT OF THE MEMORANDUM OF UNDERSTANDING ON THE COACHELLA VALLEY FRINGE -TOED LIZARD HABITAT CONSERVATION PLAN REGARDING "MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE COACHELLA VALLEY FRINGE -TOED LIZARD" TO PROVIDE AN EXTENSION OF THE CURRENT MOU UNTIL DECEMBER 31, 2003. A. MINUTE ORDER ACTION 3. CONSIDERATION OF SPONSORSHIP OF "CULTUREFEST" TO BE HELD NOVEMBER 8 & 9, 2002. A. MINUTE ORDER ACTION XI1. STUDY SESSION - None 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. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 9. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION 10. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE 11. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 12. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) 13. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) 14. MINUTES OF THE COMMUNITY SERVICES COMMISSION FOR MAY 13, 2002 15. MINUTES OF THE INVESTMENT ADVISORY BOARD FOR JULY 10, 2002 XIV. DEPARTMENT REPORTS CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENT 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS A. SELECTION OF DATE FOR HOLIDAY OPEN HOUSE 4. BUILDING AND SAFETY DIRECTOR 5. COMMUNITY DEVELOPMENT DIRECTOR 6. COMMUNITY SERVICES DIRECTOR 7. FINANCE DIRECTOR 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER 9. POLICE CHIEF 10. FIRE CHIEF XV. MAYOR AND COUNCIL MEMBERS' ITEMS City Council Agenda Page 4 October 1, 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 XVII1. 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. PUBLIC HEARING ON CERTIFICATION OF ENVIRONMENTAL ASSESSMENT 2001-411 REVISED AND CONSIDERATION OF SPECIFIC PLAN 2001-051 AMENDMENT #1 AND VILLAGE USE PERMIT 2001-007 AMENDMENT #1, A REQUEST TO MODIFY LAND USE AND DEVELOPMENT STANDARDS FOR A 33-ACRE MIXED USE PROJECT LOCATED ON THE NORTHEAST CORNER OF EISENHOWER DRIVE AND CALLE TAMPICO. APPLICANT CAMEO HOMES. Please note: Staff will recommend that the Council continue this Public Hearing to the meeting of October 15, 2002. 2. PUBLIC HEARING ON: 1) SPECIFIC PLAN 2000-043, AMENDMENT NO. 2, A REQUEST TO REMOVE SIGN PROGRAM PROVISIONS FROM POINT HAPPY SPECIFIC PLAN; AND 2) SIGN PROGRAM 2002-629, A REQUEST TO APPROVE SIGN STANDARDS AND SPECIFICATIONS FOR POINT HAPPY COMMERCIAL CENTER LOCATED AT THE NORTHWEST CORNER OF WASHINGTON STREET AND HIGHWAY 1 1 1. APPLICANT: MADISON/P.T.M. LA QUINTA, L.L.C. A. RESOLUTION ACTION(S) XIX. ADJOURNMENT Adjourn to a regularly scheduled City Council Meeting to be held October 15, 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. City Council Agenda Page 5 October 1, 2002 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, October 1, 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 111, on Friday, September 27, 2002 DATED: September 27, 2002 JUN EEK, 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. City Council Agenda Page 6 October 1, 2002 August, 2002 WRITTEN CORRESPONDENCE ITEM: COACHELLA VALLEY REGION Desert Hot Springs • Palm Springs • Cathedral City • Rancho Mirage Palm Desert • Indian Wells • La Quinta • Indio • Coachella • Riverside County Agua Caliente Band of Cahuilla Indians • Cabazon Band of Mission Indians Torres Martinez Desert Cahuilla Indians • Twenty Nine Palms Band of Mission Indians pEAUS �C�� John Pena, Mayor 2 9 City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 LA QUIniA IGER'S DEP1. "Only the desert has a fascination — to ride alone — in the sun ... That is a great temptation" D.H. Lawrence Dear Mayor Pena: Heeding the advice of Lawrence, we're "tempting" the best speakers, exhibitors, and attendees to the 9th National Clean Cities Conference and Expo in beautiful Palm Springs, California, May 18-21, 2003. Conference hosts are the Clean Cities Coachella Valley Region and the Northwest Riverside County Clean Cities Coalition. The City of LaQuinta partnership means a lot to this conference and I'm eager to work with you. Enclosed you will find information on how you can become an integral part of the conference. Sponsors are critical to our success. You'll find an array of options to meet your marketing objectives. Sponsorship opportunities are sold on a first come first served basis, so we welcome early responses. The U.S. Department of Energy (DOE) Clean Cities Program is a voluntary, locally based government/industry partnership designed to expand the use of alternative fuels and alternative fuel vehicles. The Clean Cities Conference and Expo provides a forum for anyone with an interest in these areas to gather and discuss relevant issues and trends. Last year, the Oklahoma conference attracted more than 650 people, including utilities, automobile and engine manufacturers, industry component and fuel suppliers, fleet owners and managers, and energy environmental and transportation agencies. The 2003 conference is expected to be a record breaker! Early projections indicate as many as 2500 could be in attendance! SUNLINE TRANSIT AGENCY 32-505 Harry Oliver Trail Thousand Palms, CA 92276 PH: (760) 343-3456 FX: (760) 343-3845 Page 2 Questions about sponsorship opportunities can be directed to me at 760-343-3456 ext. 138, or Kimberly Taylor, National Renewable Energy Laboratory at 303-375-4358. 1 will phone you within a few weeks to answer any questions you may have. In the interim, you can go to www.ccities.doe.gov/conference.shtmi. I look forward to talking with you. Sincerely, A- ?— �- Bert Kronmiller Coordinator Clean Cities Coachella Valley Region Encl. SPONSORSHIP OPPORTUNITIES Platinum-$50,000 Platinum Benefits e Title sponsor of an evening reception e 6 full conference registrations e Top billing recognition in: • Preliminary mailing • Home page on web site • Final conference program • Conference press releases • Included in the Clean Cities ad in ShowTimes • Conference signage (non-event specific) e Company logo visibility during opening session production e Access to a newspaper wrap room drop one night e Four 10' x 10' exhibit booth spaces e Priority exhibit booth placement options e 30 one -day exhibit only passes e Public area hotel/convention center space of 50' wide by 40' deep for vehicle display. This is available to the first paid Platinum sponsor. e Full -page ad in final conference program with priority placement option e Attendee list, at any point, upon request e Assistance in facilitating on -site communication between you and Clean Cities Coordinators/staff Platinum Sponsorship Options 1. Sunday Evening Reception The temperature's right, spirits are high, and it's time to Turn Up The Heat for Alternative Fuels in a lush, exotic venue. Palapas of Araby Cove is a 14-acre garden that has been turned into a unique hands-on artists' village. Set against the beautiful backdrop of the Santa Rosa Mountains, guests are greeted by tuxedo dressed servers directing them down luminary lit pathways. The various nooks of the grounds house the workshops of distinguished artists, some of whom will be on hand to provide demonstrations and let our guests indulge their creative side. Vehicle display space is available. 3 2. Monday Evening Reception Casual elegance reigns supreme as conference attendees are invited into the world class Palm Springs Convention Center Expo Hall for the Monday evening gala. The atmosphere allows for great mingling, talking with exhibitors, looking at new products, and off in the distance be prepared for citings of Marilyn Monroe, Elvis Presley and Humphrey Bogart. Food, drink, networking, and laughter abound as people relax in the splendor of the Palm Springs Convention Center. 3. Grand Finale Reception It's been an invigorating, provocative conference and now it's time to really "Turn Up The Heat." We've got just the place, too. A few blocks from the Convention Center is an unmistakably chic restaurant and dance club. ATLAS is distinctive for it's majestic water features, overstuffed couches, velvet drapes, sweeping staircases, vibrant colors and a pool -shaped dance floor. Combine ambience with elegant California Fusion cuisine and it's a formula for a night to remember. Vehicle display space is available. Gold-$30,000 Gold Benefits o Title sponsor of one of the Gold level events with speaking opportunities as part of the event 0 5 full conference registrations o Recognition in all Conference materials: • Preliminary mailing • Home page on web site • Final conference program • Conference press releases • Included in the Clean Cities ad in ShowTimes • Conference signage (non-event specific) • Signage specific to your event • General sessions o Three complimentary 10' x 10' exhibit booth spaces o Priority exhibit booth placement options 0 20 one -day exhibit only passes o Half -page ad in final conference program o Attendee list, at any point, upon request Gold Sponsorship Options 1. Monday Lunch People are hungry. They have 90 precious minutes and a delicious lunch awaiting them. In some places people might eat and run. Not here. There's the allure of the exhibit floor, the scintillating company, and baby it's hot outside. So, you have a captive audience. We don't have a formal lunch program, but we could. We'll help you reach the audience during this lunchtime in a way that appeals to you. That could include ri 2 everything from table tents, flyers on chairs, giveaways, a presentation/video or whatever other ideas you come up with. 2. Tuesday Lunch See the Monday description 3. Awards Breakfast The Awards Breakfast has fast become one of the popular sponsor events of the Conference. This sit down breakfast features sponsor remarks, a head table reserved for the sponsor, entertainment, and of course, the National Partner Awards and Clean Cities Coalition Awards. In addition to having a speaking opportunity and signage, we would be happy to place table tents, flyers, or other promotional material that you bring to the Conference. Silver-$20,000 Silver Benefits o Title sponsor of one of the Silver level events/products with speaking opportunities (where relevant) as part of the event 0 4 full conference registrations o Recognition in all Conference materials: • Preliminary mailing • Logo inclusion on web site • Final conference program • Conference press releases • Included in the Clean Cities ad in ShowTimes • Conference signage (non-event specific) • Signage specific to your event • General sessions o One complimentary 10' x 10' exhibit booth space 0 15 one -day exhibit only passes o Half -page ad in final conference program o Attendee list, at any point, upon request Silver Sponsorship Options 1. Coordinator Dinner Coordinators are the lifeblood of the Clean Cities program and we honor them at an annual dinner event the Saturday evening before the Conference. Prior to dinner, Coordinator's will be escorted in AFVs on a driving tour of celebrity homes in Palm Springs. Who knows? There may be an Elvis citing. From there, we'll be escorted to the Palm Springs Desert Museum, a striking facility that promotes a greater understanding of art, natural science and performing arts through collections, exhibitions and programs. Tours of the Museum are encouraged before dinner, which will be held in the beautiful Marcuse Sculpture Garden. The sponsor will be acknowledged in all mailings and printed materials relating to the dinner. Speaking and promotional opportunities are welcome. 2. Monday Breakfast It's the most important meal and one of the more temperate times of the day in Palm Springs. Attendees will gather in the beautifully landscaped 24,000 square foot courtyard around the Wyndham's pool. Coffee (ice optional) and a variety of food choices will start the day off right. Promotional opportunities are welcome. 3. Wednesday Breakfast See description for #2. 4. Tote bag A sturdy, attractive tote bag is given to our estimated 1,000 attendees as they check in. The tote bag has your company logo, the Conference logo, and the Clean Cities logo on the front. We will insert a promotional flyer from you into each bag. 5. "It's In The Bag" Everyone likes a surprise and the sponsor of "It's In The Bag" will like the reaction as attendees delight in the welcome bag that will await them as they check into their room. "It's In The Bag" is a paper gift bag with handles that has your logo, the Conference logo, and the Clean Cities logo on the front. The bag includes several items related to sunny Palm Springs and might include items like sunglasses, a water bottle, sunscreen, or other items of that nature. Where possible, your company logo will be on the items. We will insert a welcome letter from you into each bag, if you opt to have us do that. 6. ScienceFest The third annual ScienceFest, the Clean Cities Conference event devoted to educating children about alternative fuel vehicles, will be held again. In 2002 more than 2000 students, teachers, and chaperones were able to visit with exhibitors and participate in workshops designed for them. General Motors generously sponsored an appearance by Bill Nye and they are looking into that as a possibility for 2003. The sponsor is listed on all ScienceFest mailings, has speaking opportunities as part of ScienceFest, has their logo included on the ScienceFest volunteer t-shirts (approximately 100), and is listed on ScienceFest specific printed mailings. Bronze-$10,000 Bronze Benefits o Title sponsor of one of the Bronze level events/products 0 3 full conference registrations o Recognition in all Conference materials: • Preliminary mailing • Logo inclusion on web site • Final conference program 0 • Conference signage (non-event specific) • General sessions e One complimentary 10' x 10' exhibit booth space e 10 one -day exhibit only passes e Quarter -page ad in final conference program e Attendee list, at any point, upon request Bronze Sponsorship Options 1. Monday Afternoon Break The afternoon breaks are designed to give a delightful energy boost with delicious snacks and refreshments. These themed breaks are elegantly laid out and positioned as close as logistically possible to the Sponsor's booth in the EXPO Hall. 2. Tuesday Afternoon Break (See description for #1 above) 3. Closing Video One of the highlights of every Conference is the heralded "closing video." Videographer Bob Melnyk never fails to tell it like it was, sometimes to the chagrin of those being told on. The popularity of the closing video (combined with great giveaways) has resulted in ever increasing numbers of people staying around for the end of the Conference. The sponsor of the video will have their logo on the screen before it starts, and it will be included at the end as part of the video. The sponsor will be verbally mentioned during the ceremony. The video is distributed to Coordinators and the cover will contain an acknowledgment thanking the sponsor. 4. Entertainers A variety of performers will be on hand during breakfast and morning breaks to hand out daily "Highlight Sheets." The sheets will draw attention to special sessions or activities, and identify any program changes for the day. The performers will be well known Palm Springs celebrity imitators who will engage attendees as they hand out the sheets. The sponsors name and logo will be included on the sheet, each of the three days of the Conference. 5. Evaluation Giveaway Evaluations aren't always easy to come by so we try and make it a little easier by rewarding our complying attendees with a nice incentive to turn in their form. Last year it was a Koozy Kooler chair. While we haven't identified the item yet, it will be an appealing memento that will appropriately get people enthused about the 10th National Conference to be held in Fort Lauderdale in 2004. The sponsor logo will prominently appear on the item. 6. Ride n Drive A variety of alternative fuel vehicles are lined up for several hours during the Conference for attendees to test drive. All that's left to line up is the Ride n Drive sponsor. For your dollars, in addition to the Bronze level benefits, your company name will be put on a Ride n Drive wrist band (evidence that they signed a waiver); Ride n Drive directional signs; waiver forms; handout listing vehicles and route map; and any other materials we print for the Ride n Drive. To avoid any appearance of impropriety, vehicle manufacturers may not sponsor the Ride n Drive. 7. Volunteer Sponsor One hundred plus local volunteers will dedicate countless hours in activities as varied as transporting attendees to assisting with local marketing activities. As part of our volunteer program we provide food, volunteer polo shirts, and admission to the closing reception. The volunteer sponsor's logo will be on the volunteer shirts, on signage in the volunteer lounge, and mention will be made of the sponsor in all correspondence with volunteers. 8. Regional Receptions You spoke. We listened. Last year you told us that you wanted opportunities to get together and meet people from your region or from a special sales area you are targeting. Throughout the Conference, we are hosting six receptions (DOE Regions include Atlanta, Boston, Chicago, Denver, Philadelphia, and Seattle) in the Wyndham's Presidential Suite. Invitations will be sent in advance of the Conference and issued again when people arrive. Your company name and logo will be on the invitation as "Courtesy of Company X." There's no formal program and our Department of Energy staff will host the receptions to facilitate introductions. 9. Coordinator Meeting Luncheon The Northwest Riverside County Coalition, as a local co -host of the 9tt' National Clean Cities Conference welcomes Coordinators to Riverside on May 18th for the annual Coordinator Meeting. The meeting culminates in a luncheon at the celebrated Mission Inn, one of California's oldest and most celebrated hotels. The sponsor of the luncheon will have an opportunity to make welcoming remarks to the Coordinators. 10. You Can Make It Fly! Attracting targeted fleet buyers to the Conference is our number one goal! Coordinators are giving us contact information for their finest fleet prospects and we're ready to go after them, but we want your help. Will you consider sponsoring a Frisbee? This isn't just any Frisbee, it's a 9'/ inch Humphrey Flyer that will boldly feature your logo with the Clean Cities Conference logo on the back side. On the inside will be a flyer that includes brief information on the conference as well as the mailing label. The Frisbee is then mailed as is, without an envelope. Two thousand five hundred (2500) potential fleet customers will receive a high flying invitation with your company logo prominently displayed on both sides of the Frisbee. on Corporate-$5,000 Corporate Benefits o Title sponsor of one of the corporate level events/products 0 2 full conference registrations o Recognition in all Conference materials: • Preliminary mailing • Logo inclusion on web site • Final conference program • Conference signage (non-event specific) • General sessions o One complimentary 10' x 10' exhibit booth space 0 5 one -day exhibit only passes 0 1/6 page ad in final conference program o Attendee list, at any point, upon request Corporate Sponsorship Options 1. Monday Morning Break It's break time and attendees will be treated to a variety of cool refreshments. Breaks are elegantly laid out and positioned as close as logistically possible to the Sponsor's booth in the EXPO Hall. 2. Wednesday Morning Break (See description for #1 above) 3. Agenda At A Glance Life at the Clean Cities Conference is magnificently simplified when the final program is condensed and turned into a 5&1/2" x 3" "Agenda At A Glance." The sponsors logo is printed on the agenda, which will be handed out in registration packets and available at the registration desk. 4. Lanyard A lanyard is the string around your neck that you attach your name badge to. You might think that all lanyards are created equally but they aren't. Instead of throwing yours away this year, you'll save it because it doubles as a sunglass holder. When you aren't in sessions, your name badge goes away and your sunglasses take its place. In addition to the other Corporate Sponsor benefits, your company name will be printed on the lanyard that will be given to every attendee as they register. 5. Newspaper Wraps ShowTimes is the official publication of the Clean Cities Conference. Each morning, ShowTimes will be delivered to the doors of attendees staying at the Wyndham and the Marquis. The publication will have a paper wrap around it that will display your company logo and whatever message you want us to have printed on it. When attendees come out of their rooms, they'll be greeted by 7 "Good Morning from Company V or whatever you care to say. This is a separate sponsorship opportunity for Monday, Tuesday, Wednesday. Days will be assigned on a first -come, first -served basis. 6. Newspaper Wraps (See description for # 5 above) 7. Newspaper Wraps (See description for # 6 above) Friends of Clean Cities-$2,500 Friends of Clean Cities Benefits o Title sponsor of one of the Friends of Clean Cities level events/products 0 2 full conference registrations o Recognition in all Conference materials: • Preliminary mailing • Logo inclusion on web site • Final conference program • Conference signage (non-event specific) • General sessions Friends of Clean Cities Sponsorship Options 1. Corralling All Coordinators Coordinators are critical to the success of the Clean Cities program. Oftentimes their budgets are either small or non-existent and they do the good work of the program with very limited funds. Your money will be used to pay for sponsored registrations for three Clean Cities Coordinators. 2. Coordinator Agenda at a Glance Coordinators have a dance card with many meetings in addition to the regular Conference. To help them keep it all straight, we provide a separate agenda at a glance for them. Your company name and logo will be included on the agenda. BOARD OF TRUSTEES CHAIRMAN — Stacy A. Roscoe Procter & Gamble Paper Products Company COUNTY SUPERVISORS Hon. John K. Flynn County of Ventura Hon. Don Knabe County of Los Angeles Hon. Joe Maruca County of Imperial Hon. Ken Peterson County of Kern Hon. Bill Postmus County of San Bernardino Hon. James Silva County of Orange Hon. Pam Slater County of San Diego Hon. Jim Venable County of Riverside AGRICULTURE SECTOR John W. Borchard,Jr. Borchard Companies James Crettol Crettol Farms Gerald Davidson Sunkist Growers, Inc. John Fricker Riverside County Farm Bureau Robert L. Seat Orange County Farm Bureau Geoffrey T. Vanden Heuvel Milk Producers Council CITY SECTOR Hon. Lyle Alberg City of Hemet James H. Blake City of Fullerton Hon. David Couch City of Bakersfield Hon. Ruth Galanter City of Los Angeles Hon. Larry Grogan City of El Centro Hon. Sandy E. Smith City of San Buenaventura Hon. James S.Thalman City of Chino Hills BUSINESS SECTOR Robert W. Bein RBF Consulting Les Clark Independent Oil Producers Agency John Donner Pacific Bell Brian J. Kelly UNOCAL Robert A. Krieger Krieger & Stewart Martin Plourd Valley Independent Bank Steven A. Zapoticzny CP Kelco WATER SECTOR Anne Dunihue Inland Empire Utilities Agency Col. John V.Foley Moulton Niguel Water District Ronald R. Gastelum Metropolitan Water District of Southern California Andy Horne Imperial Irrigation District Donald Kendall Calleguas Municipal Water District John McFadden Coachella Valley Water District Stuart Pyle Kern County Water Agency Bernie Rhinerson San Diego County Water Authority CHAIR EMERITUS — Hon. Harriett M. Wieder EXECUTIVE DIRECTOR — Joan Anderson Dym WRITTEN CORRESPONDENCE ITEM: a" SOQITHERN CALIFOR ,.!.A Do w r 16 � September 6, 2002 Wn The Honorable John J. Pena Mayor City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Mayor Pena: 10184 Sixth Street — Suite C Rancho Cucamonga, CA 91730 Phone (909) 980-4700 Fax (909) 980-2628 The Southern California Water Committee urges the City of La Quinta to endorse Proposition 50, the Clean Water and Coastal Protection Bond on the November 5 ballot. Proposition 50 addresses the issues Californians care most about, reducing water pollution, protecting the quality of water supply, cleaning up our beaches and coastlines, and most importantly, ensuring a stable, reliable and secure water supply for our state's future. The SCWC is convinced of the merits of Proposition 50 and believes it substantially advances our goals of an integrated and balanced approach to providing the high quality water we need to sustain our economy and environment for the foreseeable future. Your endorsement is vital, as the Yes on 50 campaign begins to communicate the benefits of this measure to California voters and it is our sincere hope that you will join our efforts. Proposition 50 is supported by large and diverse coalitions of local water agencies, environmentalists, business, public health officials, and community groups. Please join the Southern California Water Committee and endorse Proposition 50. Please fill in the attached form and send it to the YES on Prop 50 campaign office and a copy to the SCWC. Thank you for considering this important request. Very truly yours, ( yu: Joan Anderson Dym Executive Director Southern California Water Committee YES ON 50 CLEAN WATER AND COASTAL PROTECTION BOND OF 2002 Endorsement Form Please support the Clean Water and Coastal Protection Bond of 2002. Date Name Organization Occupation or Title Address City Phone E-mail ax State Zip Please list me/our organization as a public supporter in your campaign materials. Please remit this endorsement form, via mail or facsimile, to the campaign offiee: Yes on Prop 50 - Californians for Clean Water and Coastal Protection 926 J Street, Suite 907 Sacramento, CA 95814 (916) 558-1518 facsimile Yes on Prop 50 — Californians for Clean Water and Coastal Protection ID #1245318 926 J Street, Suite 907 Sacramento, CA 95814 www.prop50yes.com AGENDA CATEGORY: w GF OF 9 COUNCIL/RDA MEETING DATE: OCTOBER 1, 2002 ITEM TITLE: Demand Register Dated October 1, 2002 RECOMMENDATION: Approve Demand Register Dated October 1, 2002 BACKGROUND: Prepaid Warrants: 50943 - 509651 17,294.57 50966 - 509691 3,855.45 50970 - 509781 22,127.12 Wire Transfers} 509,447.74 P/R 9474 - 95501 112,895.97 P/R Tax Transfers} 31,797.18 Payable Warrants: 50979 - 510791 455,599.72 $1,153,017.75 FISCAL IMPLICATIONS: Demand of Cash -City $1,068,017.75 Demand of Cash -RDA $85,000.00 John Falconer, Finance Director BUSINESS SESSION CONSENT CALENDAR l STUDY SESSION PUBLIC HEARING CITY OF LA QUINTA BANK TRANSACTIONS 9/11/02 - 9/24/02 9/11/02 WIRE TRANSFER - DEBT SVC - LA QUINTA CITY HALL $485,492.56 9/13/02 WIRE TRANSFER - DEFERRED COMP $7,665.96 9/13/02 WIRE TRANSFER - PERS $10,647.22 9/13/02 WIRE TRANSFER - CREDIT UNION $5,642.00 TOTAL WIRE TRANSFERS OUT $509,447.74 P+ I 001 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 4:58PM 09/23/02 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 50979 09/23/02 &01821 BOB EDWARDS CONST 335.11 50980 09/23/02 &01822 ELEANORE NAREVSKY 15.00 50981 09/23/02 &01823 DORI VALONOS 20.00 50982 09/23/02 ABL001 ABLE RIBBON TECH 244.53 50983 09/23/02 ACT100 ACT GIS INC 4702.50 50984 09/23/02 ADT100 ADT SECURITY SVC INC 874.72 50985 09/23/02 AME175 AMERICAN FORENSIC NURSES 42.00 50986 09/23/02 AME200 AMERIPRIDE UNIFORM SVCS 54.97 50987 09/23/02 ARC100 ARCH 811.65 50988 09/23/02 AUT030 AUTOMATED TELECOM 429.69 50989 09/23/02 BEA100 BEAUMONT MOTORCYCLES, LLC 470.96 50990 09/23/02 BI0100 BIO TOX 161.00 50991 09/23/02 BRD100 B R DETAIL 104.00 50992 09/23/02 BRI100 BRINKS INC 300.00 50993 09/23/02 BUI010 BUILDING HORIZONS 80000.00 50994 09/23/02 CAD010 CADET UNIFORM SUPPLY 14.16 50995 09/23/02 CAL240 CALIFORNIA POOLS & SPAS 997.80 50996 09/23/02 CAN005 CANALI ENTERPRISES LLC 5000.00 50997 09/23/02 CDW050 CDW GOVERNMENT INC 285.76 50998 09/23/02 CHE050 CHECKMATE EXCHANGE 107.90 50999 09/23/02 CIT025 CITICORP VENDOR FINANCE 148.75 51000 09/23/02 COA067 COACHELLA VLLY PONTIAC 389.07 51001 09/23/02 COA071 COACHELLA VALLEY PRINTING 1878.38 51002 09/23/02 COA073 COACHELLA VLLY RECREATION 174.00 51003 09/23/02 COR150 CORPORATE EXPRESS 367.20 51004 09/23/02 COS200 COSTUME WORLD 380.00 51005 09/23/02 COV050 COVER GRAPHICS 480.00 51006 09/23/02 DAN200 DANONE WATERS OF NORTH 143.41 51007 09/23/02 DEM010 DEMO UNLIMITED INC 23500.00 51008 09/23/02 DES010 DESERT BUSINESS MACHINES 89.54 51009 09/23/02 DESO47 DESERT PHOTO LAB/STUDIO 41.68 51010 09/23/02 DES060 DESERT SUN PUBLISHING CO 1769.90 51011 09/23/02 DES065 DESERT TEMPS INC 6024.20 51012 09/23/02 DIE050 DIETERICH POST 209.10 51013 09/23/02 EIS010 EISENHOWER IMMEDIATE CARE 56.00 51014 09/23/02 END051 ENDICOTT ENTERPRISES 273.69 51015 09/23/02 ENR100 ENRG FUEL USA INC 45.47 51016 09/23/02 EXP200 EXPRESS DETAIL 1210.20 51017 09/23/02 FAL050 JOHN FALCONER 971.88 51018 09/23/02 FEC100 F E C ELECTRIC INC 28337.05 51019 09/23/02 FIR007 FIRST AID SELECT 126.45 51020 09/23/02 FIR015 FIRST AMERICAN REAL 141.39 51021 09/23/02 FIR017 FIRST CHOICE SERVICES 258.00 51022 09/23/02 GRA010 GRANITE CONSTRUCTION CO 184215.00 51023 09/23/02 HIL150 HILTON FARNKOPF & 330.00 51024 09/23/02 HOA010 HUGH HOARD INC 347.50 51025 09/23/02 IMA100 IMAGE SOURCE 100.30 002 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 4:58PM 09/23/02 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 51026 09/23/02 INF030 INFORMATION RESOURCES 125.00 51027 09/23/02 JAS100 JAS PACIFIC 7049.60 51028 09/23/02 JIF100 JIFFY LUBE/AFMS 151.47 51029 09/23/02 JIM100 JESSE JIMENEZ 290.91 51030 09/23/02 JUD010 JUDICIAL DATA SYSTEMS COR 184.52 51031 09/23/02 LOS050 LOS ANGELES TIMES 48.00 51032 09/23/02 LOW100 LOWE'S COMPANIES INC 193.86 51033 09/23/02 LOW101 LOWE'S HOME IMPROVEMENT 159.55 51034 09/23/02 LSM100 LSMG CONSULTING SVC 8000.00 51035 09/23/02 MCDO10 MC DOWELL AWARDS 59.98 51036 09/23/02 MON400 VICTOR MONZ 48.75 51037 09/23/02 M00095 MOORE MAINTENANCE & 4175.00 51038 09/23/02 MUN010 MUNI FINANCIAL SERV INC 3969.47 51039 09/23/02 NEX010 NEXTEL COMMUNICATIONS 1886.96 51040 09/23/02 OFF005 OFFICE DEPOT INC 1281.42 51041 09/23/02 PET200 P F PETTIBONE & CO 262.96 51042 09/23/02 PLA020 THE PLANNING CENTER 5382.87 51043 09/23/02 POW300 POWER PERSONNEL INC 4674.08 51044 09/23/02 PRI020 THE PRINTING PLACE 698.22 51045 09/23/02 QUA300 QUARRY RANCH LLC 750.00 51046 09/23/02 RAL050 RALPHS GROCERY CO 245.67 51047 09/23/02 RAS020 RASA - ERIC NELSON 2244.00 51048 09/23/02 RIV080 RIVERSIDE COUNTY HEALTH 1005.00 51049 09/23/02 RIV100 RIVERSIDE COUNTY SHERIFFS 26813.20 51050 09/23/02 RIV325 RIVERSIDE RUBBER STAMP 42.09 51051 09/23/02 RJM100 RJM DESIGN GROUP INC 4143.49 51052 09/23/02 SAX100 SAXON ENGINEERING SERVICE 665.00 51053 09/23/02 SIL100 SILVER STATE COACH INC 595.00 51054 09/23/02 SK1051 SKILLPATH SEMINARS 348.00 51055 09/23/02 SMA010 SMART & FINAL 153.91 51056 09/23/02 SMI150 MALCOLM SMITH MOTORSPORTS 393.32 51057 09/23/02 SOU004 SOUTH COAST AIR QUALITY 270.89 51058 09/23/02 SOU007 SOUTHWEST NETWORKS, INC 2340.00 51059 09/23/02 SPE060 JIM SPENCER FLOOR COVERIN 167.50 51060 09/23/02 STA045 STAN'S AUTO TECH 58.96 51061 09/23/02 ST0008 CARRIE STONE 48.38 51062 09/23/02 SUR100 SURVIVOR INDUSTRIES INC 185.99 51063 09/23/02 TIM075 TIME WARNER CABLE 122.33 51064 09/23/02 TOP010 TOPS'N BARRICADES INC 1214.12 51065 09/23/02 TOP100 TOP OF THE LINE SIGNS 105.00 51066 09/23/02 TRU010 TRULY NOLEN INC 88.00 51067 09/23/02 USB050 U.S.BANK TRUST NATL ASSOC 2035.00 51068 09/23/02 VAL020 VALLEY PLUMBING 470.52 51069 09/23/02 VAN075 VANDORPE CHOU ASSOC INC 2550.00 51070 09/23/02 VID050 VIDEO DEPOT 35.82 51071 09/23/02 VON010 VON'S C/O SAFEWAY INC 25.02 51072 09/23/02 WAL010 WAL MART COMMUNITY 14.21 51073 09/23/02 WEB150 WEBSITES 2000 210.00 51074 09/23/02 WES020 WEST GROUP 129.30 ll 3 ACCOUNTS PAYABLE - AP5005 CITY OF LA QUINTA CHECK CHECK NUMBER DATE 51075 09/23/02 51076 09/23/02 51077 09/23/02 51078 09/23/02 51079 09/23/02 CHECK REGISTER BANK ID: DEF VENDOR NO. NAME WIN010 WINSTON TIRES WLC100 WLC ARCHITECTS INC WOR100 WORLDCOM XER012 XEROX CORPORATION YOUl00 YOUNG ENGINEERING SERVICE CHECK TOTAL 4:58PM 09/23/02 PAGE 3 PAYMENT AMOUNT 469.73 8637.50 1160.00 129.77 12110.47 455,599.72 11n z rf N M - ul �o r m 0� - N M O Q' N a o El Z N O M N \ rn x U m m m m m m m m �o m o 0 o m o m m O W F r1 r-i - � ti N N N ti N r� r1 c� a mm E- mm 0 EH m E- El El E- E- Cl CT)E- E a m F F F F H F EH F El El F E- F F F F F F n. a rn 0 .• CD O CD CDrl CD CDM O ry CD r �P CDr �fl CD c F N- o m r o o �n m o r o m o Z F W Z r 10 m O N in O c N Q• M O N c m N d' O Ln r O m >+ O N N r M a E a a O O M O N O r Ln 0 0 Lrn Ln r o m ID n u O v N > Q N Q M f-1 N O- F M N r H m m v CL w U F F H F F W H ti H m a a n n m a a x a a U a U a a a a Z F (n F U) F F z H a F .7 F E-+ F 0 U) CD E O a o a O 0 0 0 0 ❑❑❑❑❑ F a F O F n F El F n. 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U) F a x F-C o cn cn F < w w O L4 C4 U x W w I O x x W O z Z < W F Z EF E- C) x £ o z z m w x z z U o U w w � � o o >>1 01 � o x U u w< O m co z z U x a D D O O cn F W W Z O > C C O O O O N O C :D N r-I CD O O O O CD CD ID rl .ti O O F m z Z U x a z w U H W w H H a O W O O < >+ I 0016 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:48AM 09/19/02 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 50970 09/19/02 ALEX10 STEVE ALEXANDER 725.00 50971 09/19/02 COA080 COACHELLA VALLEY WATER 183.15 50972 09/19/02 ELRO10 EL RANCHITO 256.23 50973 09/19/02 MAH100 CYRILLE P MAHFOUD 191.24 50974 09/19/02 OLA100 MILTON OLANDER 201.24 50975 09/19/02 ORIO10 ORIENTAL TRADING COMPANY 212.00 50976 09/19/02 PIZO50 PIZZA HUT 31.01 50977 09/19/02 URB100 PETER URBON 20250.00 50978 09/19/02 VER200 VERIZON 77.25 CHECK TOTAL 22,127.12 0017 Z N r� u•, rn o r .,.. ,- M x O F Z N O O W F E E E E E E E E s r U < W W W W W W W W w41 w W ry m F F 7 •• O O O � F CD CD O 61 m N N N O Z H W Z O Lr) O 1D ti rl N O CtJ r ul � Ol O m i O � � O a < N' N N O �fl M v' v O O ifl O ti N N N O C O N O N m U of U O rs H H W N F m m < < H H a a a s x x v a w w < > z z < W < < H z o o H F F F E, F F W F, w O i-- O (D Z O W O w O G] o Li O U. J O W F F F F E-F > E- > F- > F F �: H U F S FE U U U ❑ < < W U o U U x >>> a x x a a x a F a a a o� w z o ❑ v Q a o F o F o o w o a c U) U) o > a ❑❑❑ c c c c❑ w e Z U W E.]z a a _❑ W W _ r+ cn W W W W W w z � Z alW W a ¢. > F F F+ > D > > > W > U7 > H > O U > ❑ E << r.0 c w w a c) a T x U) w w s S 3 U x x u; < C W C, ❑ W w - U W o O v a F-I ❑ a c o o� o� o a > > m l0 lO ry r N N W z z 2 G O O H ❑ H '� r r � N r� Z o 0 o r y r O ID E- �C z G ru m W m a I o o w F a M M O O O O O O O fn N O W O O O O O O G O C p] ul ul O O C .. O O O u lO C E D un ZLn Ln M M (h r� M M �o m O ('-] fn IL IL D F N N M O O O O u� �i M r` 0) Ol :f) O CD U U ti < O CDO o O o O O O O O O O i z a x a < W W W a F H H Z o ❑ Ln a s w w w c z a w w w a < z z a Q a a ❑ a < < > > > O w a z <o w H w w t'r a H m .a z a s a a a x o Dx Rl ri < < T. U z Z FC D Ll] W W z F O O }i a W W W S T < O z < x N N a a >> U U U x E-F W N W a< o w w << c a N H z x .� ❑ PE- 0 0 0 w cn z cn cn U U U w u o c a >> F w W Z O > O O G O o 0 0 0 o G O o G 5 .-+ Co Co Co .- o CD CD 0 0 o CD 0 0 0 o o U F W W < < ram^, > ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:40AM 09/17/02 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.' 50966 09/17/02 CAL015 CALIF BUILDING OFFICIALS 115.00 50967 09/17/02 HIG050 HIGH TECH MAILING SERVICE 3223.45 50968 09/17/02 VER200 VERIZON 448.00 50969 09/17/02 VER210 VERIZON INTERNET SOLUTION 69.00 CHECK TOTAL 3,855.45 0019 4 a G F Z N O r \ r+ Z Ol U C9 C7 C9 C� U U Ci C7 o W F E E E E S z E C� FC W W W W W W Z r.� �7 E- F F F F P- F F F F < a m O --i F O v' l0 l0 l0 l0 �D O Z F W z �n rn rn m rn rn z a N m m m m m l0 r O N < z < o n o c o v o 0 ry N v' l0 W CN c F 3 O O W < Z ❑ < W �C Z < E• a E-+ F U F O Z O O O O W N u m , Q. m Z 0.: > > > > > = F fZ O a Q \ O O W o > a < ❑ U ❑ ❑ Z ❑ Z U Z Z z Z W W W W W Z C Z ti cn W H W Z Z `o Z Z W W w �> a> o o 0 0> E- F> ❑ w �t x x z x x z r H ❑ C.." m N - - - r > > ❑ N Z Z z H ❑ H z Q� N C Q' fh �--i Z m ri Ln 10 Ln Ln r ❑ r, r Ln Lr) Ln Ln Ln x < z a < m w m a � o o W F a O N O O O O O O W c vn 0 0 0 0 0 p W o In o 0 0 0 0 0 E r �n n z r CD o r� m m ri ri m r� 0 o o F f+l N Ln CD ti ri r-1 ry ry Ln U U r-i - r� _ cD (f o O O c O o o O ,n W z v7 U O a � � < > H H a 7 U W n 0 O Cl W U1 o U o O Z F Ln ti W H FC W w H x a Z p U o] W W Z Z Z Z r.Q D EH O O O O O O >+ QI W N N N N N N n < 0 a r cz G a a a a ❑Z cn U 'S > > > > > > F W Z O > Ln 0 0 0 0 0 0 0 0 r� Ln o Q o 0 o r+ O i+ O O N N N N N N O F a a a a a a a U H < H W W W W W W > > > > > n E1 A 0020 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:47AM 09/12/02 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 50943 09/12/02 BOB100 BILL BOBBITT 50.00 50944 09/12/02 CAL040 CALIFORNIA VISION SERVICE 1115.30 50945 09/12/02 CAL167 CALPERS LONG-TERM CARE 26.31 50946 09/12/02 CAN050 CANADA LIFE ASSURANCE CO 611.88 50947 09/12/02 CAS200 CASUELAS CAFE 275.00 50948 09/12/02 CIR006 CIRCUIT CITY 1750.00 50949 09/12/02 CUN100 DENNIS CUNNINGHAM 50.00 50950 09/12/02 GAS010 GASCARD INC 1005.39 50951 09/12/02 IMPO10 IMPERIAL IRRIGATION DIST 540.32 50952 09/12/02 IRWO20 BARBARA IRWIN 50.00 50953 09/12/02 LAQ050 LA QUINTA CITY EMPLOYEES 689.91 50954 09/12/02 MOU050 LESLIE MOURIQUAND HUDSON 50.00 50955 09/12/02 PUE050 MARIA L PUENTE 50.00 50956 09/12/02 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 50957 09/12/02 SAF020 SAFEGUARD HEALTH PLANS 6065.40 50958 09/12/02 SHA050 ARCHIE SHARP 50.00 50959 09/12/02 SOU010 SOUTHERN CALIF GAS CO 391.38 50960 09/12/02 STA044 DARREN STANLEY 62.50 50961 09/12/02 TH0200 DAVID THOMS 50.00 50962 09/12/02 UN1005 UNITED WAY OF THE DESERT 176.00 50963 09/12/02 UNU050 UNUM LIFE INS 3729.99 50964 09/12/02 VER200 VERIZON 28.69 50965 09/12/02 WRI050 ROBERT S WRIGHT 50.00 CHECK TOTAL 17,294.57 0021 Z m v' N lD N N M N O N H ti O N M N r N O Cx H O Z N rn O w 0 S U E+ < z W rn m rn rn 0l m rn m Oi m U W U' U C9 C^ C7 C9 rn z < W N 0] F E+ F F E+ F F F F F, F+ F F M H Z w F Z C p CDH M �n CD N M lD m CD O �n O o (D M r Ln O C CDrn ti 61 � D o �n ,� H N 'o Ln v r N r- r Ln O N N 10 0. < O O O O O ( N O H M O CD �n M Ln U) M �D m H O Ln r O O Ln H W O C N M tf'1 o O M CDO v Z C o Ln D ❑ W <c I C U W RW F > W � W n C Z a < w U Z < a F a a Z O w .] < w F D n, .7 r:Z U W O Z .-7 co < w < < W W Q U z o < a F C a D F o a F 0 F o S U Elz o o F C < a F U) o a F o U >> U FF o a F 0 a W H H a v FF a U) F a F a F a Z a F+ s U w F a U E- x cc a F U) U U) v x v a y Q Z H U W H O Z O O Z O Z Z O F O Z w O O Z W O U Z O Z H F H F O Z H o C z V) ❑ H U) w x U w > H U) W > (Z W > w w ❑ w> W co W ala > 6 W > _ U> w a W W > U w U W W > F U w > C ❑ a Q > � a H❑ a< H w z w a a D w a w s w H x � a DI W U W N Q N m N C > H ❑ > rZi W W D O N U a' o M l0 r M l0 O N C7 I d' CDH O O O W o H W O N U ❑ H x Z' < O m m rs > > S a z a < w w m a I o o w F (Y, W m O o O O O O O O o O O O O o O O O C) if7 M O O �D Q, H �D N M lD O O O O C Cl 2, m O Ln M N m M N r M N r M N M O r N H Ol O n Ol H r N ID r N ID O Ln M N N F z, O H O O O O O O O o O N C O C H o H O a' v' H O O O Q U Q' O O o O N O v' Ln v' v' a' O < O H O H o H O H O H o H o H O H o Ln O H O ti C H o W U H O U O U F F U U) w > 0G UW) W lY U W Z W Z H ❑ z ❑ z W ?" M O n O H w < W x O F t O F - y w a r� cn H F cn < cn a F > FC ? o w W w U r H z z a H s H H a H w F .� Z W H < m m o W Z a o 7 (n cz a << a � o O p - r o 0 in - o O �D O o O o H p - 0 H O N o �) Q >+ O F U H < H m o O a Q U H a a U O z a U O z s U N U) < U O a H U H z D U O co < O a z O s O 3 H O d 0022 Z l0 f+l cc, r1 n C m cl O a O F Z N O r. N rn U U U U rn C� C7 cl C7 c� c O co H E � al of Q1 i s' ol ci C7 < W W cl of w W m W rn W z< m H EH E- H F F F F < N r •• O O O O O O O O Ol CD O rl F O CD v' O (+1 � O O Cl �D O .-, Z r}7 F Z O o O g �n N �o n m r N N . r� H 3 < < a < W < > > z > x a > z a a v: <co ❑ a W W W U w v) 7- m Z v) F m W .7 CC .. �l W 7 .-] a .a ❑ ,-7 H N w .7 W 1 < a Q a Q a Q a s < << z < z< < 0: < z F a F a F 0 F EH '[-+ F E-F F H :? F E-+ F a F O O O O O O O O O --� O O � O O O W H F l c, - F F ��, F 17 EH E-� F aF, rL x cam., o o o c c o o U o o W 0 m m o ❑ o u o o Z U z O O `w ❑ Z rC Z O z m '� `w ❑ Z ❑ z w w El El w w F w W > n a n> a s z> w> n> W> O> a > ❑> o ❑ w 1 y a E. x cn x x a ❑ x S a w W U W N N N Ln O CV H ❑ (Y, O O N CD�D CCliD O O W O O W O O rl O ttl O > H O H c C7 C� N ❑ S < r-i Y z a < m w m a O o w H a o 0 0 o O O o o 0 CDCD0 W o o CD CD0 0 0 0 o CD0 o 0 0 0 0 0 0 0 0 0 0 p o m c, c� ,-� rn n rn rn Z O C) O N rl O N N O N rl rl O 7 � N N N F z, O o o o o rn Z O o O O o n O O o o Ln G O o o � U U < O O O o o c O o O O O O ❑ z 7 H O U7 2 U) W ❑ U 2 O O W 1 U W T F ❑ cn O ❑ W a( W O z ❑ U n s F F E+ < z z w a a a c z H U, H r-I ^ c r1 U FC E >+ 3 w F O a w ❑ x O a w a z E ❑ cc cn z cn cn m H a H < a F z a z w z w w z c a o F N 0 � W ❑ W N a < a a w w r E- a F z W a O n G > w U O > c a m a ❑ w Z o < L z z w o cn z a Z' a cn < cn ❑ ❑ o o > a F w w Z O a o O o 0 0 0 O CD Q' N Cl ri O CDC CD N O i+ CD CD CD CD CD O (D O N O O N O, -. U H O Z Q x O F W Z W W 3 0023 0024 c&ty/ 4 e4�Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 1, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Authorization for Overnight Travel for two Animal Control Officers to Attend the National PUBLIC HEARING: Animal Control Association's Training Academy in Torrance, CA November 4 through November 8, 2002 RECOMMENDATION: Approve authorization for overnight travel for two Animal Control Officers to attend the National Animal Control Association's Training Academy in Torrance, CA November 4 through November 8, 2002. FISCAL IMPLICATIONS: The training will be funded from Travel, Training and Meetings Account #101-353-637-000. The breakdown of estimated expenditures for this class is as follows: ♦ Registration 900 ♦ Meals 250 ♦ Travel 50 ♦ Hotel 1000 Total $2200 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: These classes will improve the skills and abilities of the Animal Control Officers in the performance of their duties. Please see attached pages for course description (Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for two Animal Control Officers to attend the National Animal Control Association's Training Academy in Torrance, CA November 4 through November 8, 2002; or 2. Do not approve the request for overnight travel; or I Provide staff with alternative direction. Respectfully submitted, / 6,t ` 4—' Tom Hartung, Building and Safety Director �Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Announcement showing class subjects C 0 2 NACA Training Academy http://www.nacanet.org/tracadmv.htm NATIONAL ANIMAL HP„; CONTROL ASSOCIATION TRAINING ACADEMY-, NACA 100 �U '� J J, _,, 1t .`, , . i 4A .. L4:_ , National Animal Control Association The National Animal Control Association (NACA) was formed in 1978 for the express purpose of assisting its members to perform their duties in a professional manner. NACA believes its most important contribution towards solving our domestic animal problems is to make available to Animal Control agencies and personnel a comprehensive training program. Who Should Attend This program is designed for Animal Control Officers at the federal, state, and local levels, Police Officers, and Sheriffs Deputes responsible for animal control and all of its many facets. Academy Information: The National Animal Control Association Training Academy was designed to be delivered in two levels. Upon successful completion of Level I and Level II, the National Animal Control Association shall certify each participant and issue the appropriate documentation and pin. Successful completion of Level I and Level lI shall include a minimum passing score of 80% on written examinations and mandatory attendance during all training. Curriculum - Level I and Level II The Level I curriculum will include the following: Animal Behavior Rabies/Euthanasia Animal Identification Animal Diseases/Zoonosis First Aid for Animals Bloodsports Capture Techniques Report Writing Interview Techniques Laws and Legal Proceedings Evidence Collection 09/12,12002 9:21 AM 1 01,3 NACA Training Academy hUp://www.nacanet.org/tracadmy.htm Courtroom Testimony Crisis Intervention/Officer Safety Level II curriculum will include the following: Constitutional Law/Civil Liability for the Animal Control Officer Defensive Driving Stress Management Public Speaking News Media Relations Crime Scene Doc umentation/Photography, Video, Sketching Self -Defense Against Humans Investigative Resources Bloodsports Capture and Restraint of Large Animals Class Presentations Both Level I and Level II will be five days (40 hours) in length. In addition to the National Certification participants will be awarded Certificates of Completion. Tuition Tuition for each level will be $450.00 per participant. Curriculum - Level III The NACA Level III program will consist of four different Certification Workshops done in a week-long format. This format will enable an officer to attend individual workshops as needed by the Officer. The Workshops included are: Euthanasia Training Chemical Immobilization Tactical Baton (BiteStick) Training Oleoresin Capsicum Aerosol (Pepper Spray) Training Tuition Tuition for Level III will be $500.00 for the full week of training. Tuition for individual workshops is as follows: Euthanasia - $180.00; Chemical Capture - $180.00; BiteStick - $150.00; OC Spray - $75.00. Training Site Selection Training site locations will be chosen by the National Animal Control Association based oil a regional commitment by agencies in a given geographical area of the United States. Those agencies in a given area will need a minimum of 35 attendees to be considered for a Level I program. Questions If your agency would like to be considered for these training academies, please contact John 2 of 3 09;'12,'2002 9:22 AM NACA Trainin- Academy hap:iwww.nacanet.org tracadm\ htm Mays, National Animal Control Association, at 1-913-768-1319. NACA Certification for Animal Control Professionals NACA 100 Academ To View NACA's current training schedule, please click below: For Registration Information: National Animal Control Association Phone: 913-768-1319 Fax: 913-768-1378 email: naca &,,interserv.com / Back to NACA Home Page COG 3 o1 3 0912 2001 9 22 ANI 1� r AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 1, 2002 CONSENT CALENDAR: ITEM TITLE: Approval of Contract Change Order No. STUDY SESSION: 81 and Acceptance of Jefferson Street Improvements, Phase I, Avenue 54 to Highway 1 1 1 PUBLIC HEARING: Project No. 99-05 RECOMMENDATION: Approve Contract Change Order No. 81 in an amount not -to -exceed $271,477.00, to compensate the Contractor for home office and field overhead costs incurred as a result of contract delays beyond the Contractor's control; and Accept Phase I Jefferson Street Improvements - Avenue 54 to Highway 1 1 1, Project No. 99-05, as complete; and Authorize the City Clerk to file a Notice of Completion with the office of the County Recorder; and Authorize staff to release securities in lieu of retention held in escrow for this project, 35 days from the date of recording the Notice of Completion. FISCAL IMPLICATIONS: The following represents the project budget and funding sources: SB 300 (401-000-493-485) Art in Public Places (401-000-493-000) Infrastructure Funds (401-000-493-000) RDA CIP 1 (401-000-493-000) CVAG Funding (401-000-466-481) TOTAL FUNDING: $713,412 $10,800 $1,037,978 $849,674 $12,589,513 $15,201,377 { TAPWDEPT\COUNCIL\2002\021001 b.wpd The following summarizes project budgeted amounts by category and their respective amounts: Project Design: $625,769 Technical Support: $1,143,365 Construction: $1 1,727,365 Right -of -Way Acquisition: $908,150 Contingency: $80,809 Administration: $715,919 Total $15,201,377 The following represents a summary of the project construction expenditures: Base Construction Contract Amount: $6,866,566 CCO Nos. 1-80: $2,289,410 CCO No. 81: $271,477 REVISED CONTRACT TOTAL: $9,427,453 As illustrated, Contract Change Order No. 81 will increase the contract by $271,477 and add 139 consecutive calendar days to the contract. Adequate funding is available in the project budget to accept and close this project. Lonrffag gali I WAM'Lei None. Ul • � i • l • • i This project was awarded to Granite Construction Company on June 6, 2000, with the provision that the Notice to Proceed would not be issued until January 1, 2001. The original contract duration was 300 consecutive calendar days in which to perform the specified scope of work. The following represents the project time as constructed: 771 consecutive calendar days used (5/1 /00 - 6/1 1 /02) (69) Contractor self imposed work stoppage (2/12/02 - 4/22/02) (300) Original contract days (5/1 /00 - 2/24/01) (85) days granted the Contractor for extra work through CCO Nos. 1-77 & 79 (178) days of unavoidable delay approved CCO#78 (8/18/01-2/1 1 /02) (139) days of unavoidable delay pending CCO#81 (5/9/00 - 10/19/00) 0 unaccounted for contract days 11U�: TAPWDEPT\C0UNCIL\2002\021001 b.wpd The contract specifications allow for compensation of indirect field overhead as well as home office overhead costs by using a standard formula in order to derive each (see Attachment 1 - CCO No. 81). Additionally, the Contractor is entitled to receive 139 days added to the contract time by reason of these unavoidable delays. The Contractor was delayed by circumstances beyond the Contractor's control during removal and reconstruction of the All American Canal bridge. In order to accomplish this, the existing sewer force main adjacent to the bridge had to be removed and relocated as well. CVWD withheld the necessary permit to begin this portion of work while they evaluated the need for a change in the pipe material of the force main. This change was due to a previous sewage spill from a similar facility at another location within the CVWD system. The District issued the permit for this work, with a change in material specified for the above ground piping from mild steel to stainless steel for better corrosion resistance. Stainless steel pipe of this diameter is not a "shelf" item and required many weeks to be fabricated and delivered, after approval of submittals by CVWD. FINDINGS AND ALTERNATIVES: The alternatives available include: A. Approve Contract Change No. 81 in an amount not -to -exceed $271,477.00, to compensate the Contractor for home office and field overhead costs incurred as a result of contract delays beyond the Contractor's control; and B. Accept Phase I Jefferson Street Improvements - Avenue 54 to Highway 1 1 1, Project No. 99-05, as complete; and C. Authorize the City Clerk to file a Notice of Completion with the office of the County Recorder; and D. Authorize staff to release securities posted in lieu of retention held in escrow for this project, 35 days from the date of recording the Notice of Completion; or 2. Do not approve Contract Change Order No. 81, or accept Phase I Jefferson Street Improvements - Avenue 54 to Highway 1 1 1, Project No. 99-05; or 3. Provide staff with alternative direction. V TAPW DEPT\COUNCIL\2002\021001 b.wpd Respectfully submitted, ,/ imothy R. ona n, P.E. Public Works Director/City Engineer Approved for submission by: l Thomas P. Genovese, City Manager Attachments: 1. CCO #81 004 TAPWDEPT\COUNCIL\2002\021001 b.wpd ATTACHMENT 1 w GF�f OF CONTRACT: JEFFERSON STREET IMPROVEMENTS HIGHWAY 111 TO AVENUE 54 CONTRACTOR: Granite Construction Company 38-000 Monroe Street Indio, California 92203 CONTRACT CHANGE ORDER NO. 81 Sheet 1 of 21 PROJECT NO. 99-05 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE: This Contract Change Order Provides compensation to the Contractor for Home Office Overhead and Indirect Field overhead costs incurred by the Contractor as a result of contract delays beyond the control of the Contractor. Home Office Overhead is calculated as specified in the contract as; original contract value divided by the total contract days, multiplied by 0.03 to determine a daily overheitd costs ($686.66) added to the daily Field indirect costs ($1,266.42) multiplied by the validated number of days delayed (139) (686.66 + 1266.42)X 139 = $271,477 TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED: $271,477.00 ********************************************************************************************* Previous Contract Amount through Change Order No. 80 $9 155 976 Add this Contract Change Order No. 81 $271 477 Revised Contract Amount $9,427,453 By reason of this change order the time of completion is adjusted as follows: 139 days added to contract time. The revised contract completion date shall be June 11, 2002. ************sa*******aa****a******a*a*a***as**saa**aa********s*a*a*a**asass*******s*a*a***** Submitted By: Date: Approved By (City of Indio): Date: Approved By (City of L.Q.): Date: ***a**a************a****aa*aaa*s*a**aa*a****aa**a****a*aas*as**************************x**ss We, the undersigned Contractor, have give car Jul consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all erial perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby acc t as ful payment the amount shown above, which includes direct and indirect overhead expenses for any delays. Accepted By: Title:Contractor:Granite Construction Company Date: 9 ��3/02-- U U 6 T:\PWDEPT\PROJECTS\1999 Prjcts\99-05JeffSt(54-Ind Blvd)\CCO 81.wpd JEFFERSON STREET IMPROVEMENTS PHASE I -AVENUE 54 TO HIGHWAY 111 PROJECT NO. 99-05, CONTRACT CHANGE ORDER NO. 81 Home Office Overhead Calculation: Relocating the sewer force main and changing the pipe material of the force main at CVWD's request caused this task, a "controlling item of work" to be extended from the Contractor's original schedule of 10 days to a total of 179 days as confirmed by the Resident Engineer's records. After review of this work task staff has determined that the actual work took 40 days for the Contractor to complete rather than the Contractor's original schedule of 10 days. Since the 40 days were required to perform the task under the original contract these days were deducted from the gross time of 179 days from the contract change order resulting in a difference of 139 days of unavoidable delay time associated with this controlling item of work. To determine the value of this delay to the Contractor the contract specifications acknowledge indirect field office, staff and equipment as compensable for actual costs of indirect personnel, field office rental, office equipment etc. The Contractor has submitted evidence of costs for these items equal to $1,266.42 per calendar day. This item is multiplied by the number of days delayed of 139 to derive a cost of $176,032.38. To determine the value of this delay for reimbursement of home office overhead the contract specification provides a standard calculation as follows: Original Contract Value $6,866,566 Divided by the Contract Time _ 300 Subtotal $22,888.55 Multiplied by 3% X 0.03 Daily Home Office Overhead Costs $686.66 Times 139 days of delay X 139 Total Home Office Overhead $95,445 Total Field Indirect Costs $176,032 Total Delay Costs for CCO #81 $271,477 UU7 T:\PWDEPT\PROJECTS\1999 Prjcts\99-05JeffSt(54-Ind Blvd)\CCO 81.wpd TWit 4a4�4" COUNCIL/RDA MEETING DATE: October 1, 2002 ITEMTITLE: Acceptance of Improvements Associated with Tract No. 25691, Wildflower, World Development RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: --4 STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 25691 and authorize staff to release security upon receiving warranty security. FISCAL IMPLICATIONS: Acceptance of the improvements will impact the General Fund as follows: Street sweeping is estimated to be $924 annually. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Wildflower Subdivision is located north of Miles Avenue, east of Dune Palms Road (Attachment 1). Public improvements within this tract include sidewalk and parkway improvements to the north side of Miles Avenue and the east side of Verbena Drive along the tract frontage. Also included are landscape improvements to the Miles Avenue median island and full width street improvements to Morning Glory Court and Dandelion Drive. All improvements are now complete and other obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a spreadsheet indicating the amount of security to be released after the City receives the warranty security from the developer. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 25691 and authorize staff to release the performance security upon receiving warranty security; or TAMDEMCOUNCIU2002\021001 e.wpd 2. Do not accept improvements to Tract No. 25691 ; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R Jona on Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Security Outline TAPW DEPT\COUNCIL\2002\021001 e.wpd 002 ATTACHMENT 1 3nv i0mus aoxmow O 3 -Al4 w Q aw z w IS > 4 mosIuvw LS moSIQYw cn w JLggl .s rlosx3"sr 0 U)i SWIlvd 3Hna 07 W cn 0 It4 • K pa � 'L1mLw � Lr sm Ji`111 rul ray ZZ � a N Arm rRl �1 1a N M � N d 1t111 r61 W:1 M ! J1�1 n q b N ~ 'ear N sa 3 amAmt /1 MSI Q% VI q � H ys h qg a96 ( a 0. Jml KID AM aw fn a a D rRi �.� (T� Ii1') f[® W sti N �' In Y. s = of rw C. rill w o as � lAD O Jim rmam d 4 Ji'Kl AM iSC g s 3 i Ji'KI rQI SARIQ ` IN39 0A uu5 TRACT 25691 Labor & Improvement Description Materials Grading $102,949 Streets & Drainage $250,077 Domestic Water $143,525 Sanitary Sewer $89,290 Electrical $175,816 Perimeter/Basin Landscape $85,335 Perimeter Wall $48,960 Miles Ave. Median Island $ 0 Monumentation $ 0 Engineering/Plans $ 0 No -Plans Contingency $ 0 Totals: $895,952 ATTACHMENT 2 -------------Performance Security ----------------- Current Proposed Reduced Amount Amount Reduction (i.e. Warranty Security) $93,590 90% $9,359 $227,343 90% $22,734 $143,525 90% $14,353 $89,290 90% $8,929 $175,816 90% $17,582 $85,335 90% $8,534 $48,960 90% $4,896 $44,588 0% $ 0 $3,500 100% $ 0 $135,126 100% $ 0 $261,768 100% $ 0 $1,308,841 $86,387 Release performance security when warranty security is received. Release labor & materials security in 90 days (January 2, 2003). Release warranty security in one year (October 1, 2003). bob TAPW DEPT\COUNCIL\2002\021001 e.wpd �nf OP AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 1, 2002 CONSENT CALENDAR: 5 ITEM TITLE: Approval to Award a Professional Services STUDY SESSION: Agreement to Tri-State Land Surveyors for Survey Services for the La Quinta Community Park PUBLIC HEARING: Improvements, Project No. 2000-1 1 RECOMMENDATION: Authorize the City Manager to execute a Professional Services Agreement in the amount of $39,250 to Tri-State Land Surveyors to provide professional field survey services during construction of Project No. 2000-1 1, La Quinta Community Park Improvements. FISCAL IMPLICATIONS: The following represents the currently approved funding and funding sources: Quimby: Park DIF: State Grant: Total Funding Available: Less Prior Expenditures: Total Funding Remaining: $225,000.00 $3,908,192.00 $500,000.00 $4,633,192.00 ($224,154.00) $4,409,038.00 Considering the previously awarded construction contract amount of $3,570,360.55, the following represents the estimated project budget: Construction: Insp/Test/Survey (7.75% of Const.) Administration (remaining balance): Professional (remaining balance): Contingency: Total: $3,570,361 .00 $276,703.00 $1 16,400.00 $4,728.00 $440,846.00 $4,409,038.00 TAP WDEPT\COUNCIU2002\021001 d-wpd CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Community Park is located on approximately 18 acres at the northeast corner of Westward Ho Drive and Adams Street. The Community Park consists of various lighted soccer fields, two lighted baseball fields, a concession stand, restrooms, a tot lot, a lighted basketball court, picnic areas with barbeques and shade structures. On August 6, 2002 City Council acted to award a contract in the amount of $3,570,360.55 to James E. Simon Construction Co. for the construction of the La Quinta Community Park, Project No. 2000-1 1 . Staff solicited proposals from several firms to provide construction survey services to support construction of Project No. 2000-1 1, La Quinta Community Park. Of the firms solicited, Coachella Valley Engineers, and Tri-State Land Surveyors responded. Upon review of these proposals, staff determined that Tri-State Land Surveyors was the most qualified to perform the needed services. Staff then negotiated the terms of the Professional Services Agreement (Attachment 1) in the amount of $ 39,250.00. FINDINGS AND ALTERNATIVES The alternatives available to the City Council include: 1 . Authorize the City Manager to execute a Professional Services Agreement in the amount of $39,250 with the firm of Tri-State Land Surveyors to provide professional field survey services during construction of Project No. 2000-1 1, La Quinta Community Park Improvements; or 2. Do not authorize the City Manager to execute a Professional Services Agreement in the amount of $39,250 with the firm of Tri-State Land Surveyors to provide professional field survey services during construction of Project No. 2000-1 1, La Quinta Community Park Improvements; or 3. Provide staff with alternative direction. TAP W DEPT\COUNCIL\2002\021001 d.wpd Respectfully submitted, jmothy R. nass ' P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Professional Services Agreement 0ki3 T:\PWDEPTCOUNCIL\2002\021001 d.wpd La('`�' c ATTACHMENT 1 G� OF T1 O PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Tri- State Land Surveyors & Civil Engineers ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Project No. 2000-11, La Quinta Community Park Improvements as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. T:\PWDEPT\PROJECTS\2000 Prjets\2000-11 La Quinta Park\Consultants\PSATriState.wpd Page 1 of 8 0015 O15 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "Y (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Thirty Nine Thousand, Two Hundred and Fifty Dollars ($39,250.00 ) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, x 3. floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any T:\PWDEPT\PROJECTS\2000 Prjcts\2000-11 La Quinta Park\Consultants\PSATriState.wpd Page 2 of 8 n governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Dale R. Grinager, Owner/Principle It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be John M. Freeland, Senior Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. T:\PWDEPT\PROJECTS\2000 Prjcts\2000-11 La Quinta Park\Consultants\PSATriState.wpd Page 3 of 8 �) ry 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless City; its officers, employees, representatives and agents, from and against those actions, suits, T:\PWDEPT\PROJECTS\2000 Prjets\2000-11 La Quinta Park\Consultants\PSATriState.wpd Page 4 of 8 _ 001, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose T:\PWDEPT\PROJECTS\2000 Prjcts\2000-11 La Quinta Park\Consultants\PSATriState.wpd Page 5 of 8 (, �T intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 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 Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. T:\PWDEPT\PROJECTS\2000 Prjcts\2000-11 La Quinta Park\Consultants\PSATriState.wpd Page 6 of 8 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS T:\PWDEPT\PROJECTS\2000 Prjcts\2000-11 La Quinta Park\Consultants\PSATriState.wpd Page 7 of 8 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: To Consultant: CITY OF LA QUINTA Tri-State Land Surveyors & Civil Engineers Attention: City Manager Attention: Dale R. Grinager 78-495 Calle Tampico 78-120 Calle Estado, Suite 102 La Quinta, California 92253 La Quinta, California 92253 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date T:\PWDEPT\PROJECTS\2000 Prjcts\2000-11 La Quinta Park\Consultants\PSATriState.wpd Page 8 of 8 " 11 U k- ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: Tri-State Land Surveyors & Civil Engineers Name: Dale R. Grinager Title: President Date: TAPWDEPT\PROJECTS\2000 Prjcts\2000-11 La Quinta Park\Consultants\PSATriState.wpd Page 9 of 8 , + Exhibit A Scope of Services Montero Estates Sound Wall Improvements, Project No. 2000-12 Services and products to be rendered in performing all work associated with the prof ect may include, but are not limited to; the Engineering Consultant shall be required to provide one set of construction stakes for each of the following items as detailed: Survey Control - Will be sufficiently marked and will be preserved and protected. Clearing / Removals - One set of reference stakes or marks at 200 foot intervals on tangent line and 100 foot on curves will be set along the limits of the construction area or Right -of -Way for clearing purposes. Rough Grade - (A) One set of grid stakes at 50' intervals. Stakes will indicate cut or fill to finish grade as shown on approved mass grading plan. (B) One set of stakes to delineate lake perimeters at 25' intervals and all angle points with appropriate cut or fill. (C) Provide one set of offset stakes for sidewalks at 25' intervals, grade breaks and angle points with cut or fill to finish surface. (D) Provide one set of stakes at a 10' offset to edge of pad and a minimum of 50' intervals along the pad perimeter with grades to finish pad. Finish Grade- (A) Provide one set of stakes to delineate lake perimeters at 25' intervals and all angle points with appropriate cut or fill. (B) Provide one set of offset stakes for sidewalk at 25' intervals, grade breaks and angle points with grades to finish surface. (C) Provide one Blue Top for building pad. Stake to be set at pad grade. (D) Pad Certifications- prior to construction of improvements, provide inspection services necessary to provide certification of pad grade as shown on the approved grading plan. Retaining/Garden Wall - Provide one (1) set of offset, line and grade stakes for wall construction set at appropriate intervals with appropriate cut or fill to top of footing. Play Ground Structures- Provide one set of stakes for fall zone layout. Entrance Structures- Provide one set of stakes with appropriate cut or fill for the construction of entrance structures. Concessions Building- Provide one set of stakes at an offset of 10'x10' to the building corners, one stake per corner with grades to the finish pad. Irrigation Lines- Provide one set of offset stakes at 50' intervals with grades to finish surface. Water, Sewer and Storm Drains -Provide one set of stakes with offset to centerline of pipe with grades to top of pipe TAMDEPT\PROJECTS\2000 Prjets\2000-11 La Quinta Park\Consultants\PSATriState.wpd 14 Drainage Boxes- Provide one set of stakes at a 5' offset to centerline of box with grades to top of grate Ball Field Lighting Locations- Provide one stake at centerline of each light location. Ball Field Layout Support Staking- Stake refererence locations as needed to assist with ball field layouts Tree Locations- Provide one stake at centerline of each tree location. Ofsite and Offsite Curb and Gutter -Provide one set of stakes with offset to curbface with grades to top of curb Miscellaneous Staking- Allowance for additional miscellaneous staking as required Office Calculations and Supervision - Calculations as necessary to provide the field survey crews with data as needed for staking and supervision as required. Project Administration - The Engineer of Work shall be available during the length of the project to address any questions or concerns which may arise. Three (3) sets of Grade Sheets shall be prepared and submitted to the City of La Quinta within 48 hours of the receipt of the `Staking Request" for the said work. Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. T:\PWDEPT\PROJECTS\2000 Prjcts\2000-11 La Quinta Park\Consultants\PSATriState.wpd r� 15 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Cost Proposal Sheet attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Thirty Nine Thousand, Two Hundred and Fifty Dollars ($39,250.00 ) except as specified in Section 1 .6 - Additional Services of the Agreement. TAMDEPT\PROJECTS\2000 Prjcts\2000-11 La Quinta Park\Consultants\PSATriState.wpd vl5 Exhibit C Schedule of Performance Consultant shall complete all services within 180 Consecutive Calendar Days (180 ) days of the date specified in the notice to proceed. T:\PWDEPT\PROJECTS\2000 Prjets\2000-11 La Quinta Park\Consultants\PSATriState.wpd 1 Exhibit D Special Requirements None specified. T:\PWDEPT\PROJECTS\2000 Prjcts\2000-11 La Quinta Park\Consultants\PSATriState.wpd pp, COST PROPOSAL SHEET PROPOSAL TO PROVIdE PROFESSIONAL CONSTRUCTION SURVEYING SERVICES CAPITA IMPROVEMENT PROJECT NO. 2000,11 LA OUINTA COMMUNITY PARK IMPROVEMENTS The following is a summary of costs to provide the services outlined in the Request for Proposals for Professional Construction Surveying Services for Capital Improvement Project No. 2000-11 and will be used as the basis for negotiating a Professional Services Agreement: TASK DESCRIPTION MAN HOURS COST I SURVEY CONTROL STAKING 4 . $500.00 2 CLEARING AND REMOVALS 8 $1,000.00 3 ROUGH GRADE 28 $3,500.00 4 FINISH GRADE 40 $5,000.00 5 RETAINING/GARDEN WALL 8 $1,000.00 6 PLAY GROUND STRUCTURES 4 $500.00 7 ENTRANCE STRUCTURES 8 $1,000.00 8 CONCESSIONS BUILDING 2 $250.00 9 IRRIGATION LINES 24 $3,000.00 10 WATER, SEWER & STORM DRAINS 20 $2,500.00 11 DRAINAGE BOXES 4 $500.00 12 BALL FIELD LIGHTING LOCATIONS 8 $1,000.00 13 BALL FIELD LAYOUT SUPPORT STAKING 8 $1,000.00 14 TREE LOCATIONS 24 $3,000.00 15 ONSITE AND OFFSITE CURB AND GUTTER 52 $6,500.00 16 MISCELLANEOUS STAKING/SURVEY 12 $1,500.00 17 OFFICE CALCULATIONS AND SUPERVISION 100 $7,500.00 18 PROJECT ADMINISTRATION Included Included TOTAL $39,250.00 Tasks 1 ough 16 are based on 2 Person Survey Crew at $125.00 per hour. Task YJ is based on Office Calcs at $75.00 per hour. Dale Grinager, Prime TRI-STATE Land Su & Civil Engineers, Inc. September 16, 2002 Date Signed All restaking, additional work, services and items not included will be performed only by prior authorization from the client, on a time -and -materials basis to be computed as follows: 2 Person Survey Crew $125.00/hour 3 Person Survey Crew $145.00/hour v19 Office Calcs $ 75.00/hour c&t,l 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 1, 2002 CONSENT CALENDAR: (110 ITEM TITLE: Acceptance of Improvements STUDY SESSION: Associated with Tract No. 23995-7, Sienna Del Rey, Century Homes PUBLIC HEARING: RECOMMENDATION: Accept improvements to Tract No. 23995-7 and authorize staff to release security upon receiving warranty security. FISCAL IMPLICATIONS: Acceptance of the improvements is estimated to impact the General Fund as follows: Landscaping and Irrigation $2,368.54 • Street Sweeping $749.00 Maintenance and street sweeping is estimated to be $3,1 17.54 annually. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Sienna Del Rey, Tract No. 23995-7 is located on the southwest corner of Adams Street and Miles Avenue (Attachment 1). Public improvements within this tract include sidewalk and parkway improvements to the west side of Adams Street, and full width street improvements to Bayberry Lane, Sunbrook Lane, Woodberry Lane, Wakefield Circle and Coldbrook Lane. Public landscape improvements include the walkway from Wakefield Circle to Adams Street, and the perimeter landscaping of the west side of Adams Street from Bayberry Lane to Westward Ho Drive. All improvements are now complete and all other obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a spreadsheet indicating the amount of security to be released once the City receives the warranty security from the developer. T:\PWDEPT\COUNCIL\2002\021001 f.wpd The alternatives available to the City Council include: 1 . Accept improvements to Tract No. 23995-7 and authorize staff to release the performance security upon receiving warranty security; or 2. Do not accept improvements to Tract No. 23995-7 and do not authorize staff to release the performance security upon receiving warranty security; or 3. Provide staff with alternative direction. Respectfully submitted, 2 ir Timoth R. J asson, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Security Outline TAMDEMCOUNCIU2002\021001 f.wpd ATTACHMENT 1 PROTECT SITE MILES avrNUE Ol a 64 WESTWARD HO a VICINITY MAP ift] uu4 IN Tnx crrY or is quINTe. cOOMM or sus. sUTZ or c11aoRWA TRACT MAP NO. 23995-7 s:nw rumor or T� souzs:.ar �/a or ssca,o7+ ia, ro.xe� a sours. RANGE r soar, s B ti- MARMBOf 3W= AND ASSOCUTBSf INC. SEE ASET 2 FOR MONUMENT E MARCH 1999 AND AIT NDTE3 SCALE 7•••eY• BAYBBBSY I.AI� s _tw_fM 1.2179 _ YrA' f ` _ O 3eO_ -_ AC. 7b �. 3 r A•A • • • ! .•[ ' 29 ' « 4 Is i 28 IF. w« 3 ■ at 1 r t s v.u.F. _ RA•17 s 's w.ee 27 $ � u' P.Y.F. mm AC. � f i • RA•A'0 B e.f� Ae. [ r - 0.170 AC. } "-r - g Np f«. M 9 >ff) r !A cum Alt. f iF J � 0 W Iol13=22 . 7 � ue®®® ..s¢ssass�®s_si 9. lNO X a7 [ 1��® [:9mNKZ3=m ® [ IN RUSEAr:A1®©m� ['•3Q :SLi:m�®s! ®�, s�s��ss•s�ss�� s; t r ! •� i e-1m Ac. .« t z f i 24 a .0. Ac. 11 f0• P.10.9.- { e OJm AC. ---- - -- e i LOT N8N i 70• r.u.F.� Nlae'1C: 1fM.7• C:. ae-7e _ LANE. TOOD L I cam Al. � z 23 p 0.OW AC .. tl SEE SHEET 4� 605 OF IN THE Crff Or IA QUMA, 94 SHFE .ETS 4 COUNTY Or BIYE MI. SLATE Or CAIRMM TRACT MAP NO. 23995-7 OrL/4 aHfC7fWnM7= 7 6 9 Jgovfmuw SEE 2 FOR MON Nr NAINIERO, SWM AND ASSOCIATES, INC. ABBHEET AND �eEMExr MOTES E MARCH 1999 0- M' •�� w' w' SEE SHEET 3 , arus,.0. ! f i svlvsxoox rsr� � rt I L : O e 3l' - to, P.O.E. r,24 s N Pw•41� LOT ' B' N ra'rt 4 IFOOD E LANE ` 0. 90M AC. 23 - �' s ee. 6yF = e 9.00 to. w' rlgE C -'►- 4 �' f, - 1N• P.Y.E. 22 e.ar r. •'�• to 21 - + e.ww K. « ..,.41 r•w w.w w• P.Y.E. =.. N.w • • s t r� N ..OY W. � ® jt 0 — nATA ea.asAseew neesN lw.pwl. swwer r rr'w•. I a.a ■ r4,•srl r.w . rrrl I w•n frr44• I .w.N am a.w ,r Y'w• I wom R.M w.17 rw•r w.N am w." . rww•. e.40 rrw• Ye.N 74.w w.r rw' 00.40 4m N.w 1r14•Y• I W.r as.w r.w ra•w• I w.N M.w v.w r 4ru•rs i1.M {rAr w.w 74AS w.M aarm aa I r.w -- Arm-M. I w.w r.r N.w rw•w w_N w w 4N.w ■ rr•re w.w rw'er' w.r 20— w.w . Y•lrw•t .e.w rWer I w.N WAN w.w rlr. w.w . ra's" 1 4n.r . arm, ire I w.a r WOWS Iw•a4 ■ ralm" Iw.N ■ !O•wY I w.w rerg• I w.N w.N Y.w rw•w• I NO."— w.w w.w 7•w'Y• 10.60 w-w N. rru w.. w.w .. rrY• sY.w am am sewsr w.N IMm N.w • rr4r•. am rasa' w.w IM.M w.w w•w•a• w.w =.a wm r w w.N w.w m.W rw•M• w.r 0.0 r.w . rw•w'. MIN 4r.e4 4r4e•r w.w in.-H 7r.w ■ rw•al•e som rwor i w.r a.M w.as ■ rw•u•e s.N . rerw•N I•' lw•sl w �e.w Mn w w rK•a• 7e.M 0.0 e> u r4-r -.. • w r a ■ rrr. �-•. . rr•aec O-o i �, •'` { P.Y.E. e r• r.r.E. a 12 Y 4 i* a.aw /C. ; w N s ..w ae• w' , ■r .Y r 13 A e.lwe 4N. �i i9 a a a r r ' i4 si e.e7" 4c. t r r i9 Wl � .w w.0 8 r e.wo 4c. a 1N• ►.Y.E. ' jd rw• •c - ..sws. �M M rw•ll•N � f xi. LOT 'C' Cam AC. ,- LANDSCAPED WALKWAY r got -.M. � 90 t • e.Aeee ee. 17 s e.ews. _.._ .. ---... .. a..r M rsrs" ww.srl .r/ 29 ATTACHMENT 2 TRACT 23995-7 ----------------Performance Security----------------- ImprovementLabor Descri tp ion & Materials Current Amount Proposed Reduction Reduced Amount (i.e.Warranty Security) Streets/Drainage $639,079 $639,079 90% $63,908 Domestic Water $235,953 $235,953 90% $23,595 Sanitary Sewer $36,211 $36,211 90% $3,621 Electrical $48,682 $48,682 90% $4,868 Wall/Landscaping $182,336 $182,336 90% $18,234 Monumentation $ 0 $ 5,000 100% $ 0 Totals: $1,142,261 $1,147,261 $114,226 Release performance security when warranty security is received. Release labor and materials security in 90 days (January 2, 2003). Release warranty security in one year (October 17, 2003). iro 7 TAPWDEPT\C0UNCIL\2002\021001 f.wpd TW�p 4 .fPQ" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 1, 2002 CONSENT CALENDAR: ITEM TITLE: Acceptance of Project No. 98-19 A & B, STUDY SESSION: Village Commercial, Phase VI Cove Improvements, Prototypical Street Improvements (Calle Estado) PUBLIC HEARING: RECOMMENDATION: Accept Project No. 98-19 A & B, Village Commercial, Phase VI Cove Improvements, Prototypical Street Improvements (Calle Estado), as complete; and Authorize the City Clerk to file a Notice of Completion with the office of the County Recorder; and Authorize staff to release securities in lieu of retention held in escrow for this project, 35 days from the date of recording the Notice of Completion. FISCAL IMPLICATIONS: The following illustrates the approved project funding, their sources and amounts: Redevelopment Agency Project Area No. 1 CIP Fund $5,065,800 Coachella Valley Water District $1,548,941 Community Development Block Grant $291,448 Assessment District 2000-1 $1,273,681 Village Parking District $29,236 Total $8,209,106 The following table represents the approved project budget: Construction $6,894,806 Inspection/Testing/Survey $447,728 Construction Management $577,714 Administration $288,858 Total $8,209,106 h , None. This project was originally bid utilizing prevailing wage requirements. FTW'Tei 1511115OW10 UWATAU On June 20, 2000, the City Council awarded a contract to Granite Construction Company in the amount of $4,425,431 to construct improvements within Assessment District 2000-1, Project No. 98-19 A/B and Prototypical Street. The Contractor was issued the Notice to Proceed, which specified to commence work on or before October 4, 2000. All work specified within the contract was to be completed within 200 consecutive calendar days thereafter resulting in a completion date of April 21, 2001. The following table represents project construction expenditures and reimbursements: Original Contract $4,425,431 Approved Contract Change Orders 1-51 $625,844 Backcharges for extra survey & testing ($66,260) Liquidated Damages (100 days late completion) ($50,000) Total $4,935,015 CVWD reimbursements ($701,362) Revised Total $4,233,653 Therefore, adequate funding exists within the approved project budget to accept the improvements and complete this contract. 1 . A. Accept Project No. 98-19 A & B, Village Commercial, Phase VI Cove Improvements, Prototypical Street Improvements (Calle Estado), as complete; and B. Authorize the City Clerk to file a Notice of Completion with the office of the County Recorder; and C. Authorize staff to release securities in lieu of retention held in escrow for this project, 35 days from the date of recording the Notice of Completion; or T:\P W DEPT\COUNCIL\2002\021001 a.wpd 2. Do not accept Project No. 98-19 A & B, Village Commercial, Phase VI Cove Improvements, Prototypical Street Improvements (Calle Estado); or 3. Provide staff with alternative direction. Respectfully submitted, �1 Jothy R on son, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager T:\PWDEPT\COUNCIL\2002\021001 a.wpd 003 T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: October 1, 2002 ITEM TITLE: Acceptance of Project No. 98-1 9C, Westward Ho, Assessment District No. 2000-1 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Appropriate $146,1 16.00, from the Infrastructure Fund Reserves Account (No. 225- 000-300-290) to the project budget; and Accept Project No. 98-19C, Westward Ho, Assessment District No. 2000-1, as complete; and Authorize the City Clerk to file a Notice of Completion with the office of the County Recorder; and Authorize staff to release securities in lieu of retention held in escrow for this project 35 days from the date of recording the Notice of Completion. FISCAL IMPLICATIONS: The following represents the project budget and funding sources: RDA Project Area No. 2 $1,482,560 CVWD $160,965 Assessment District No. 2000-1 $596,098 TOTAL FUNDING: $2,239,623 The following represents a summary of the project construction budget: Design: $235,096 Survey/Testing/Inspection: $182,199 Construction: $1,704,780 Reimburse General Fund - Personnel: $117,548 Total Budget Amount: $2,239,623 TAMDEMCOUNCIL\2002\021001 g.wpd The following table represents construction expenditures: Base Construction Contract Amount: Approved Contract Change Order Nos. 1-26: Additional quantities street & storm drain improvements: Additional quantities sewer improvements: Revised Contract Total: Less CVWD reimbursements: Final Contract Amount: Approved Construction Budget Amount: Funding Shortfall $1,411,674 $316,549 $240,355 $13,400 $1,981,978 ($131,082) $1,850,896 ($1,704,780) $146,116 Therefore a funding shortfall exists, due to additional quantities installed greater than the estimated quantities. Staff recommends an appropriation from the Infrastructure Fund Reserves account (No. 225-000-300-290) in the amount of $146,1 16.00. Adequate funding is available within the Infrastructure Fund to support staff's recommendation. None. On June 20, 2000, the City Council awarded a contract to construct the Phase IV, Area C, Westward Ho - Assessment District No. 2000-1 Improvement project to Granite Construction Company in the amount of $1,41 1,674.00. The Contractor was issued a Notice to Proceed with a starting date of October 4, 2000. The contract allowed for 180 consecutive calendar days to which an additional 103 days were added by way of contract change orders. Additionally, three calendar days were added as a result of weather delays resulting in a final contract time of 286 days. The contractor completed all work by August 3, 2001, which was within the final contract time. The City's contract Construction Manager, Tom Berg, as well as City staff have reviewed all improvements installed and find the work to be in compliance with contract plans and specifications. The Contractor has satisfied all terms and conditions of the contract and the work is deemed to be 100% complete. The Contractor's warranty for workmanship and materials will remain in place for a period of one year from the date of recordation of the Notice of Completion. TAMDEMCOUNCU2002\021 001g.wpd The alternatives available to the City Council include: 1 . Appropriate $146,116.00, from the Infrastructure Fund Reserves Account (No. 225-000-300-290) to the project budget, and • Accept Project No. 98-19C, Westward Ho, Assessment District 2000-1, as complete, and • Authorize the City Clerk to file a Notice of Completion with the office of the County Recorder, and • Authorize staff to release securities in lieu of retention held in escrow for this project, 35 days from the date of recording the Notice of Completion, or 2. Do not accept Project No. 98-19C, Westward Ho, Assessment District 2000-1, as complete, or 3. Provide staff with alternative direction. Respectfully submitted, 4imothy Jonas n, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager TA WDEMCOUNCIL\2002\021001 g.wpd c&ty/ 4 a v Q" COUNCIL/RDA MEETING DATE: October 1, 2002 ITEM TITLE: Approval of Fiscal Year 2001 /02 City of La Quinta Art in Public Places Annual Report RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: M Approve the Fiscal Year 2001 /02 City of La Quinta Art in Public Places Annual Report prepared in accordance with Chapter 2.65 of the La Quinta Charter and Municipal Code. FISCAL IMPLICATIONS: The City must expend or commit fees from the Art in Public Places program within two years of their receipt and must account for these fees in a separate fund. In addition, administration expenses are limited to less than $25,000 or less than 5% of total funds in the account as of July 1 st of any year. BACKGROUND AND OVERVIEW: The City of La Quinta Art in Public Places is governed by Chapter 2.65 of the Municipal Code as amended by Ordinance No. 339. The major financial requirements that must be measured annually for conformance are found in the following Sections as follows: 2.65.1 10 (B) (7) Administrative expenses to otherwise implement any provision of this chapter, however, in no event shall said administrative expenses exceed five percent of the total funds in the account on July Vt of any year nor twenty-five thousand dollars in any fiscal year. 2.65.1 10 (F) Reimbursement. In the event fees have not been committed for a use as specified in subsection B of this section within two years of their collection, the fees in the art in public places fund shall be distributed by the city to the person or entity who has paid the fees or in any other manner permitted by law. Staff has prepared the analysis of the Art in Public Places, which disclosed no reimbursements due to contributors and no excess administrative costs (Attachment 1). FINDINGS AND ALTERNATIVES: The City of La Quinta Infrastructure, Art in Public Places Program, meets the financial requirements of Municipal Code 2.65 - Art in Public Places for FY 2001 /02. The Alternatives available to the City Council include: 1 . Approve the Fiscal Year 2001 /02 City of La Quinta Art in Public Places Annual Report prepared in accordance with Chapter 2.65 of the La Quinta Charter and Municipal Code; or 2. Do not approve the Fiscal Year 2001 /02 City of La Quinta Art in Public Places Annual Report prepared in accordance with Chapter 2.65 of the La Quinta Charter and Municipal Code; or 3. Provide staff with alternative direction. Respectfully submitted, Jo n M. Falc-Onerl Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments 1: 1 . Art in Public Places Financial Analysis OG2 City of La Quinta Art In Public Places FY 01 /02 The Art in Public Places fund is used to account for fees paid in lieu of acquisition and installation of approved art works at approved sites. The fees are refundable if not expended or committed within two years. July 1, 1999 - March 16,2000 Fee calculation - Residential is 1/4 of 1% of value exceeding $100,000 with a $20 minimum - Commercial is 1/2 of 1% of value (no minimum) March 17,2000 - the present Fee calculation - Residential is 1/4 of 1% of value exceeding $200,000 with a $20 minimum - Commercial is 1/2 of 1% of value (no minimum) Account Description Beginning Fund Balances FY 01/02 Ending Fund Balances _ Revenues & Other Sources Developer fees 103,102 Ilnterest income 22,956 Contributions from property owners I Miscellaneous Transfers in i Total Sources _ 126,058 -� _ Expenditures & Other Uses Transfer Out 96,465 Senior Center Mural 4,000 Point Happy Art Piece 47,475 Maintenance Expenses 1,889 Total Uses ;Total Available Administration Test Expenses Lesser of $25,000 or 5.00% 858 Available 681,087 149.829 681087 Budget Actual Under 25,000 34,054 25 000 1,889 _ f23 111)__ l ��4 o c LL c ��N NO N so 60 60 0 O q III VI c eN- N Zi Y � I C IN E m n N m M � m OODNj'I 0o0 O O)OOONO _N 0 E tO r, N 1,z � CD O) 00 N� EcocoMP-co.-r-.vc�i°p U III 0r- ,T co 00tn0 ONW (oD towm v t(')O f0-- r-�-Loin pO) 00 NOM.-000"It O)OM � F-01,N .:(O WOO ,00 (O M 1,- co .- .- - C � m N n I cl O fI I I 00 0, c Uton O O ton W OIN 0`Ojl� Lam-M�O•�-IM(WD C M a-- � e- .�-- O .�-- 00 N (D N- - a- e- N Cl) M N (V NI OO(D l��tnM to N OMO D)0 Cl) (0Ln Og UM,6 ('M Oho O)O MINI C4,6 O(D(O O m 7 CO N 0 Nto O Mtn N(D to N�(h(O -� Uj U C Ic Ic c C d m m C NM V'tn(D 1-00 O)O Nm ornO)rnO)O)rnrnO)rn0C)C) �rnO)rnrnrnO)rnO)rnoNO,c -- - - - --- . ---NNN =I D E E E E E E E E E E E E U- 0 0 0 0 0 0 0 0 0 0 0 0 C 0) N N N N N N N N N N N I't5 U U U U U U U 5 0 0 0 O !<aaa-_a_ca_Q_ac<< 0) N F- 0) E E O U 0 CD n. `m 3 F- a) a) N 0 Q. E U _ to 88 8 8 888 8 88 8 8 8 8888 88 8 88 88988888888888 o: � °ss8ss� Ss s 8 8 8 gs 8 �sss s s U8m Q 8 8ci8 S 88 8 8 8 888�8 SS 8 88 8 08 88888888888888 ~iaN O(4 �O O No $a n O OO6n�O�O�ON(N �Oc0O^��OM �th O C(V C ��yrnrnrnrn25 d rnrnrnrn rn$�rn'8,�irnrnrn `8i 9`B�Fn'rn2525s'8,rn`8,rnrnrn rn�i8i25 �',258;� 8252525�2525�i�,mrn8;25252525s N N N N N N N N N N N N N N N N N C (� t(pp ((pp �tpp pp��pp��88 pp��pp��ttpp pp��pp�� pp�� 8(p�O�8 pp�pyp p�py spy Q m 8pp{p� OI ONi ON!°Ni ONI ON1 O�°1 W W O^i °1 O^]pl °100� W O� °�i °�°� °1 000�0 OOOOOOOmOf W 01�0000 [[ V V N[ V N N NNNNN N N NNN N N Y -- lq I� (7 h Q� C) N� Im m M .-Q.-I , lh N N< m <N Q mt7nQ �Of M1D C <(V �- ' � LL �`° �omui ali,$� o�cNv rni aic ri m N� fnV W tll t7 10 Q QN � �2� O67! N Cl !p� py 8 fO m � IR " A N N N N N S Z Z S S L _ g W r: m E 10� zyy � a2S°1° iai��'i�� layy O S ac��LL N a ° ryaC s m m mQl� W�m LLLL $a c c c °a ° 1°t� a8 �O� a4. O O a ° `° u) U U� o UU w�� m� 3 Ww ow 8 mg y Um°w W ay �I!ml y' m my W �y° c m mt "�'m>i��rr. m m m8 >> OOi fri Sm �'��$ mmm Ip, UU U�QJ J Y S mLL K R LL �WJCSU 3 3 3 o c3U JJ»U'a8as 000000 s s M. V v T4tyl 4 a 4 0" COUNCIL/RDA MEETING DATE: October 1, 2002 ITEM TITLE: Approval of Fiscal Year 2001 /02 City of La Quinta Development Project Fee Report RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /d STUDY SESSION: PUBLIC HEARING: Approve the Fiscal Year 2001 /02 City of La Quinta Development Project Fee Report prepared in accordance with Government Code Section 66000. FISCAL IMPLICATIONS: The City must expend or commit developer fees from Infrastructure, Quimby, and Development Impact Funds within five years of their receipt and must account for these fees in a separate fund. BACKGROUND AND OVERVIEW: The City of La Quinta has three developer project fees subject to the requirements of Government Code Section 66000 - Infrastructure, Quimby, and Developer Impact fees. The major requirements that must be performed annually are included in Government Code Section 66006 (b). Section 66006(b) requires specific additional accounting information to be reported each year for each fund as follows: For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year: (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee. (C) The beginning and ending balance of the account or fund. Ra The amount of fees collected and the interest earned. (E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. Staff has prepared the Report which provides an analysis of the Infrastructure, Quimby, and Developer Impact fees for FY 2001 /02 (Attachment No. 1). FINDINGS AND ALTERNATIVES: The City of La Quinta Infrastructure, Quimby and Developer Impact fee programs meet the annual filing requirements of Government Code Section 66000 for FY 2001 /02. The alternatives available to the City Council include: 1 . Approve the Fiscal Year 2001 /02 City of La Quinta Development Project Fee Report prepared in accordance with Government Code Section 66000; or 2. Do not approve the Fiscal Year 2001 /02 City of La Quinta Development Project Fee Report prepared in accordance with Government Code Section 66000; or 3. Provide staff with alternative direction. Respectfully submitted, 7 1 , J hn M. Falconer, Finance Director Attachments 1: Approved for submission by: Thomas P. Genovese, City Manager 1 . Development Project Fee Report 04 .,) v 4W City of La Quinta Infrastructure fee Government Code 66000 Calculation FY 01 /02 The infrastructure fee fund is used to account for the accumulation of resources, provided through developer fees for the acquisition, construction or improvement of the City's infrastructure as defined in Resolution 89-39. Capital projects to be funded from this source will be budgeted and expanded in a separate capital project fund. The infrastructure fee was eliminated 8-15-1999 and replaced by a new developer program August 16, 1999. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending _---_ - FY 01/02 Fund Balance - (Revenues & Other Sources - - Account Description Fund Balance i ! ! (Developer fees ,Interest income Contributions from property owners Transfers in - CDBG Reimb for Senior Ctr Construction Total Sources 0 126,854 0 0 (Expenditures & Other Uses iCapital Projects - Adams Street - Note 1 4,670 Transfers out - Capital Improvement Project Fund 567,741 i 572,411 4,507 W1 44 ( ! 5,557) - _j_ 4 062 253 Total Uses Total Available Five Year Test ,Using First In First Out Method Unspent Funds Represent End�Fund Balance I June 30, 2002 Revenues Collected from 1999 4,894,689 Revenues Collected from 2000 1,130,483 Revenues Collected from 2001 210,807 Revenues Collected from 2002 126,854 Total Ending Fund Balance _-_ 6,235979 (Result: Five Year Spent Test Met in accordance with Government Code 66001. ,Capital Improvement Facilities Capital Improvement Facilities FY 01/02 % Com fete % funded with fee Washington St Storm Drain Improv 0 5.64% 100.00% Traffic Signal Ave 52 & Washington 0 0.00% 50.00% Civic Center Campus Improvements 0 61.97% 5.72% - Various locations 3,784 15.13% 100.00% ,Sidewalks ,Cove Mini -Park Expansion 150,995 92.58% 37.13% ! Washington 1-10 Interchange 0 1 33.33% 16.67% Washington St Widening -Fred Waring 126,213 100.00% 100.00% CVAG/Jefferson Phase 1 0 l 81.84% 7.83% Montero Estates Noise Study/Sound Wall 38,139 46.54% 19.57% Ave 52 (Jefferson St West to Citrus) 19,242 99.57% 20.17% ,Adams Street Median 2,864 100.00% 22.53% Adams/Westward Ho 0 0.55% 100.00% Ave 54 (Jefferson to Madison) 0 0.84% I 100.00% Citywide Street Sidewalk Improvements 53,250 67.15% 8.82% Fire Station - Note 2 173,254 12.50% 100.00% 'Emergency Vehicle Devices 0 5.41% 1 0.00% Eisenhower Drive/Ave 50 Drain Improv 0 2.57% 30.07% Total Note 1 - The City contracted with Century Crowell to make improvements to Adams St. The improvements were 100% funded with Infrastructure funds and are 100% complete. Note 2 - FY 02/03 Capital Improvement budget awarded $1.5 million in Fire Developer Impact fee (� City of La Quinta Quimby Fees Government Code 66000 Calculation FY 01/02 The City has established the Quimby Special revenue fund. The fund is used to account for the accumulation of developer fees received under the provisions of the Quimby Act for park development and improvements. Capital projects to be funded from this source will be budgeted and expended in a separate capital projects fund. The fee is based upon the attached formula and data sheet and varies from project to project. Account Description Beginning Fund Balances FY 01/02 Ending Fund Balances !Revenues & Other Sources ;Developer fees 126,375 Interest income 15,700 Contributions from property owners 0 Miscellaneous 0 Transfers in 0 Total Sources _ 142,075 Expenditures & Other Uses I Transfers Out General Fund 7,981 Transfers out Capital Projects 276,700 - Total Uses + --------- 284,681 Total Available _ 505,277 - (142,606) 362,671 Five Year Test Using First In First Out Method Unspent Funds Represent Ending -Fund Balance June 30, 2002 Revenues Collected from 2000 189,315 Revenues Collected from 2001 31,281 Revenues Collected from_2002 _ 142,075 Total Endinq Fund Balance $362,671 Result: Five Year Spent Test Met in accordance with Government Code 66001. Capital Improvement Facilities Capital_Improvement Facilities - 18 Acre Park Site Pocket Park Saquaro Sports Complex_ Lighting Total -� FY 01/02 % Complete $191,275 8.23% 85,425 20.25% 7,981 100.00% $284t681_ % funded with fee 100.00% 18.35% 100.00% C' C C N O O O 0)61-00N00N N(0 �f-OON 00NN (0 lL Il. 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Na) Uom a m Q a) > .L+- N C)C 0 N O C:) •� M N .. a) 0CL cN (U O ti U- �O V a C C NN (n `•Q� F- M 0 cD a to i (V C m •- NvU- 3� �Q �v_m a�v_ Z�Ii-0vj� Z� 0" v Tityl 4 sCP Q" COUNCIL/RDA MEETING DATE: October 1, 2002 ITEM TITLE: Approval of Professional Services Agreement with David Evans & Associates to provide Construction Management Services for the La Quinta Community Park, Project No. 2000-1 1 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement with David Evans & Associates in an amount not -to -exceed $124,047.00, to provide Construction Management Services for construction of the La Quinta Community Park, Project No. 2000-1 1 . FISCAL IMPLICATIONS: During its August 6, 2002 meeting, the City Council and RDA approved advancing up to $1,908,192 from RDA CIP 2 to the Park and Recreation Developer Impact Fee (DIF) fund for Project No. 2000-1 1, La Quinta Community Park. The following is the currently approved funding and funding sources: Quimby: $225,000 Park DIF: State Grant: Total Funding Available: Less Prior Expenditures: Total Funding Remaining: $3,908,192 $500,000 $4,633,192 ($240,019) $4,393,173 Considering the previously awarded construction contract amount of $3,570,360.55, the following represents the approved project budget: Construction: Insp/Test/Survey: Administration (remaining balance): Professional (remaining balance): Contingency: Total: $3,570,361 $268,186 $1 16,400 ($2,620) $440,846 $4,393,173 ^+ TAPW DEPT\COUNCIL\2002\021001 c.wpd Therefore, with staff's recommendation to approve a Professional Services Agreement (PSA) in the amount of $124,047.00 for construction management services, adequate funding is available within the existing project budget. None. BACKGROUND AND OVERVIEW: On June 18, 2002, the City Council approved the plans, specifications, and engineer's estimate (PS&E) and authorized staff to advertise for bid the La Quinta Community Park, Project No. 2000-11 . On July 29, 2002, sealed bids were received for the construction of this project. The James E. Simon Construction Co. presented the lowest responsive bid in the amount of $3,570,360. On August 6, 2002, the City Council awarded a contract to the James E. Simon Co. in amount of $3,570,360 to construct improvements contained within Project No. 2000-11, La Quinta Community Park. On September 17, 2002, the City Council approved the Request for Qualifications process, approved the Consultant Selection Committee and authorized staff to negotiate the terms of a PSA to provide Construction Management services for the construction of the La Quinta Community Park, Project No. 2000-1 1 . Two firms submitted Statements of Qualifications and letters of interest on Friday, September 20, 2002. Of the firms submitting, staff reviewed their qualifications and determined the following firms (in no particular order) had the most appropriate qualifications; • David Evans & Associates, Palm Desert, CA. • Wheatley Associates, Corona, CA. These firms were scheduled for interviews. Interviews were conducted on September 24, 2002. From the interview, the consultant selection committee consisting of the Public Works Director, Building & Safety Director and the Senior Construction Engineer determined the most qualified firm was David Evans & Associates. Staff then negotiated the terms of a PSA (Attachment 1) in the amount of $124,047.00 to provide construction management services for construction of the La Quinta Community Park, Project No. 2000-11. TAMDEMCOUNCIL\2002\021001 c.wpd [IINFI-PUP]' l S 'I 11140 \ rok The alternatives available to the City Council include: 1 . Approve a Professional Services Agreement with David Evans & Associates in an amount not -to -exceed $124,047.00, to provide Construction Management Services for construction of the La Quinta Community Park, Project No. 2000- 1 1, or 2. Do not approve a Professional Services Agreement to provide Construction Management Services for construction of the La Quinta Community Park, Project No. 2000-1 1, or 3. Provide staff with alternative direction. Respectfully submitted, 1'� 1 \ "Acy \ i othy R. J n sso . E. Public Works erector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Professional Services Agreement TAMDEMCOUNCIL\2002\021001 c.wpd �a��iuvctQ'c 4 XP aumsi w� G�MOF 1t� PROFESSIONAL SERVICES AGREEMENT ATTACHMENT 1 THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and David Evans & Associates ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to La Quinta Community Park, Project No. 2000-1 1 as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. TA WDEPT\PROJECTS\2000 Prjcts\2000-11 La Quinta Park\Consultants\CM PSA.wpd 003 fj 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (50/6) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed ONE HUNDRED TWENTY-FOUR THOUSAND and FORTY-SEVEN Dollars ($124,047.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten TA WDEPT\PROJECTS\2000 Prjcts\2000-11 La Quinta Park\Consultants\CM PSA.wpd 6 () 0 (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Rudy Acosta, Project Manager b. Ruben Ramirez, Construction Manager It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be John M. Freeland, Senior Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. y UPWDEPT\PROIECTS\2000 Prjcts\2000-11 La Quinta Park\Consultants\CM PSA.wpd 0 7 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Iniury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents, from and against those actions, suits, T:\PWDEPT\PROJECTS\2000 Prjcts\2000-11 La Quinta Park\Consultants\CM PSA.wpd j } Q proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose T:\PWDEPT\PROJECTS\2000 Prjcts\2000-11 La Quinta Park\Consultants\CM PSA.wpd U (� `' intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 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 Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. TAMDEPT\PROJECTS\2000 Prjcts\2000-11 La Quinta Park\Consultants\CM PSA.wpd 010 10 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. q� 9.0 MISCELLANEOUS PROVISIONS T:\PWDEPT\PROJECTS\2000 Prjcts\2000-11 La Quinta Park\Consultants\CM PSA.wpd 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: David Evans & Associates Attention: Rudy Acosta 77-682 Country Club Drive, Suite F-2 Palm Desert, CA 92291 Phone: (760) 772-6558 Fax: (760) 772-7794 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. y 0-� TAMDEPT\PROJECTS\2000 Prjcts\2000-11 La Quinta ParkTonsultantsTM PSA.wpd V 1 F. belew. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: .tune S. Greek, City Clerk APPROVED AS TO FORM. M. Kathrine Jenson, City Attorney CONSULTANT -DA1L Names �i`ti` Title:Pre51'deh �iYlitjX 013 Exhibit A Scope of Services SERVICES REQUESTED, BUT ARE NOT LIMITED TO: CONSTRUCTION MANAGEMENT • Review contract documents, plans, permit requirements. Schedule and attend a field walk with the Inspector, Design Engineer and City representatives. • Schedule and chair a kick off meeting with the City to discuss the proposed work plan and special concerns to be presented at the pre construction meeting. • Schedule and chair a kick off meeting with the utilities. Provide the necessary coordination and reports to the City of La Quinta. Maintain at the project site on a current basis, a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications in good order and marked to record all changes made during construction, shop drawings, product data, samples, submittals, purchases, materials, equipment, applicable handbooks, maintenance and operating manuals and instructions, and other related documents and revisions which are relevant to the contract work. • Provide regular status reports to the City of La Quinta as required. Review laboratory, shop and mill test reports of materials and equipment and coordinate as required with Design Engineers. • Prepare and send a Monthly Statement of Working Days to the Contractor. Monitor Contractor's certified payroll. • Monitor permit requirements from the Imperial Irrigation District. Monitor permit requirements from the Coachella Valley Water District. • Administer the construction contract in conformance with the requirements set forth in the project Plans and Specifications including any applicable Standard Specifications for Public Works Construction and the City of La Quinta. Conduct weekly construction progress meetings with the design consultant, subconsultants, contractor, subcontractors, City staff, affected outside agencies, other consultants, etc. to discuss matters such as procedures, progress, problems, and scheduling. Prepare and 1 distribute meeting minutes. 014 Monitor all inspection activities, both CITY provided and any consulted out inspections. • Maintain an open door policy and meet with general public as needed regarding the construction and make recommendations to address their concerns. • Receive from the Contractor and process all shop drawings, project data, samples, and other submittals. Establish and implement procedures for tracking, expediting, processing and approval of submittals. • Coordinate submittal review with Design Consultant/Engineer on an as needed basis. Coordinate with the City Engineer and other City Departments. Document and maintain all claims for account records. • Monitor project's Traffic Control Plan for conformance to the approved plan. • Coordinate and schedule construction surveying by City's consultant. • Coordinate testing requirements and scheduling of material testing by City's consultant. Review and analyze the Contractor's schedule (monthly), including activity sequences and duration, schedule of submittal and schedule of delivery for products with long lead time. Work with Contractor to maintain the project schedule to show current conditions and suggest revisions as required. Recommend necessary or desirable changes in the Contractor's scope of work to City for consideration for change orders to the construction contract. Review and evaluate Contractor's request for changes. Negotiate with Contractor and submit recommendations to City supported by field data related to any additional work. If scope of work changes are accepted by the City, prepare change orders for signature and authorization by the City. Maintain a log of change order requests. Monitor the implementation of the Contractor's PM10 plan as well as the SVWPPP. Notify the Contractor immediately when any conformance is observed and verify corrective action. Create and maintain "As -Built" project schedule, verify Contractor is maintaining "As Built" project plans. • Review pay requests and provide recommendation for contractor payments. • Coordinate the transition of the maintenance of the project to City Maintenance. • Coordinate any training sessions required for City staff. • Conduct as -needed coordination meetings with property owners and business owners. • Provide complete construction management file to the City at the conclusion of the project. A , INSPECTION Review contract documents, plans and permits. • The Construction Manager will coordinate with the City to provide any required UBC inspections through the Bldg. Dept. The Resident Engineer/Construction Manager will be expected to inspect and document various construction activities such as grading, underground utilities, concrete flat work, fencing, street and parking lot improvements, installation of sports equipment, lighting and play equipment. Monitor and enforce construction noticing requirements. Maintain field diary (bound workbooks) during construction, including a cumulative record of quantities constructed, daily and weekly reports, working day reports, change order documentation, photographs and other documentation. Monitor the contractors fugitive dust control plan and ensure the contractor is using approved haul routes and they are kept clean. Insure compliance with the construction contract by continuously monitoring, evaluating, approving or rejecting the Contractor's work in accordance with the approved construction contract documents. Determine that the Contractor's work is being performed in accordance with the requirements of the contract documents. Endeavor to guard CITY against defective work and deficiencies in the work. As appropriate, require special inspection oftesting, or, make recommendations to CITY regarding special inspection or testing or work not in accordance with the provisions of the contract document whether or not such work is fabricated, installed or completed. Provide and maintain a digital photographic history of the project. Photos will also be taken of the following: a. Showing existing conditions prior to construction. b. Disputed work items. C. Work that has to be duplicated, replaced or removed. d. Completed work. e. Extra Work. Record the progress of the project. Provide daily inspection reports. Submit written daily progress reports to City, including information on Contractor and the entire project, showing percentages of completion. Keep a daily log containing a record of weather, Contractor's work on site, number of workers, work accomplished, problems encountered, and other relevant data. During the course of construction, maintain one set of plans with markings and dimensions in red ink to denote field changes or other corrections. Maintain copies of all permits needed to construct the project and enforce special requirements of each. Coordinate as needed with City Public Information Office. Included and attached with this exhibit is the consultants proposal for services (4 pages) 016 September 24, 2002 Mr. John Freeland, Senior Engineer City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Subject: PROPOSAL FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE "LA QUINTA COMMUNITY PARK PROJECT" Dear Mr. Freeland: David Evans and Associates, Inc. (DEA) would like to thank you and the City of La Quinta for the invitation to submit our proposal on the subject project. We have reviewed the project construction plans and specifications as generated by the design firm Purkiss-Rose and feel that DEA is uniquely positioned to provide you with the desired professional assistance to achieve successful results on the project. You will find our project team has extensive experience in managing and facilitating the development of similar projects. Because DEA is a firm with licensed professionals, at all design discipline levels, we have the technical expertise to fully evaluate, determine, develop and execute a well -managed plan to smoothly and successfully navigate your project. DEA believes in maintaining a close working relationship with our clients throughout each phase of a project's development. Therefore, by placing a strong emphasis on communication between all involved parties, we ensure that the project is constructed in accordance with our client's contract specifications. After careful review of the documents provided and the instructions you provided at our meeting, DEA has determined an appropriate project scope of services that outlines the necessary tasks to execute the construction process towards a successful completion. For your review, DEA submits the attached "Exhibit A -Project Scope of Services" which describes, in detail, the typical industry standard construction management tasks. Our corresponding proposal amount, for those listed services, is provided in the final paragraph of the proposal. DEA has a strong reputation in both the public and private sector venues with vast and varied experience in the development of public development projects. We have firsthand knowledge of the unique challenges that may develop in large-scale multi -task projects. As such, the DEA team can anticipate, identify and accordingly plan strategies that effectively minimize the potential for time loss on the project. We trust that you will find DEA has the qualifications and expertise to successfully serve the City of La Quinta on this project. We are excited about the possibilities of working with you and your staff and look forward to the commencement of this long anticipated addition to the community. Sincerely, DAVID EVANS AND ASSOCIATES, INC. 'l 4 * " Rudy Acosta Project Manager 77-682 Country Club Drive, Suite F-2, Palm Desert, CA. 92211 Phone: (760) 772-6558 Facsimile: (760) 772-7794 017 �i EXHIBIT A CITY OF LA QUINTA: LA QUINTA COMMUNITY PARK PROJECT PROPOSAL FOR CONSTRUCTION MANAGEMENT SERVICES PROJECT UNDERSTANDING AND APPROACH: DEA staff has reviewed the project plans and specifications to familiarize us with the scope and scale of the proposed improvements. Additionally, staff has visited the project site and reviewed the project development history with the City of La Quinta project manager and fully acknowledges the significance this project holds to the City. DEA staff are well experienced in public facilities with similar elements as this project. Therefore, DEA is knowledgeable of the functional challenges that may arise during construction and can offer effective management applications or solutions that minimize any potential effects to the project schedule, budget and quality. Additionally, our vast combined public agency experience provides us a unique understanding and appreciation of a development process that will involve the scrutiny of public agency staff, public officials, and, most importantly, the Community. In order to ensure the project's progress and timely process, DEA has organized a proven and structured project construction management process as outlined in this proposal's scope of services. In our effort to provide the City of La Quinta with the highest standard of care for the La Quinta Community Park project, DEA construction management staff will address all aspects of the project's development. The assigned DEA project construction manager will serve as the point of contact and will be responsible for the communication and coordination of all project -related tasks between DEA support staff, City of La Quinta staff and the selected project contractor. Our objective will be to work seamlessly with the project related parties to facilitate the completion of a quality project "on time" and "on schedule". (On your project, DEA Palm Desert office staff members Rudy Acosta and Ruben Ramirez will be assigned co -responsibility for the various tasks) In general, the duties and responsibilities of the DEA construction management team will be to represent and interpret the City of La Quinta interests during construction of the project. This will include day-to-day coordination of all construction activity and coordination with the project engineer and other design consultants. In addition to serving as project liaison to the City of La Quinta staff, the construction management team's duties will also include assistance with regards to constructability reviews, bidding, contract management, project documentation and schedule/budget management. The DEA construction management team will endeavor to keep accurate and comprehensive project records that document all work performed by the project contractor and the various subcontractors to verify that the construction work is performed in accordance with the City of La Quinta vision and the project plans/ specifications. DEA will incorporate the use of standard construction management document forms where applicable to conform to the City's requirements on the project. The DEA construction management team will also assist the City of La Quinta staff in monitoring compliance with the labor standard provisions and the related wage determination decisions of the Secretary of Labor. Additionally, DEA will assist the City of La Quinta staff in monitoring compliance with the safety and accident prevention provisions for the project. U18 �i COMMUNICATION RESPONSIBILITIES: Effective communication between the lead construction manager/team, the contractor, and the City of La Quinta during the construction phases is crucial to the success of the project. The construction manager/team will organize and conduct weekly on -site meetings with the contractor and the City of La Quinta staff during the project's construction. The purpose of the meetings will be to update project progress, make decisions regarding current construction issues, review schedule and budget status, review material delivery or procurement status, subcontractor issues, progress inspections, permit requirements, and to identify and plan for future activities and/or issues that affect the schedule. The construction manager will develop a correspondence circulation list in which all meeting minutes and project correspondence are distributed to the affected (or responsible) parties, in a timely manner. The construction manager will implement and emphasize the use of contemporary technology such as e-mail, faxes, CAD files, and cellular phones to provide instant communication among all members of the project team. Most importantly, during the critical phases of construction, the construction manager or a team member will be regularly present at the project site. DEA recognizes how vital construction management representation is to the project's progress; therefore availability of the project CM is critical. Finally, the construction manager will be prepared to support the City of La Quinta staff for any public interface required during the course of the project's progress. SCOPE OF SERVICES: DEA construction management services are organized in a proven and successful approach to construction management. It begins with the development of a clear and comprehensive "project implementation strategy" for the execution of the project. The construction manager's/team's duties and responsibilities within the implementation strategy will break down as follows: Pre -Construction Services a. Plan Review Review construction documents, plans/specifications and all other associated project documents in order to verify completeness and consistency throughout the project. Check project documents for quantity deficiencies, potential conflicts, staging, sequencing logic, constructibility reviews, etc. Advise the City staff accordingly of any alternate course of action for their evaluation and approval. b. Schedule Receive and maintain a master project schedule as provided by the contractor. Review and consult with the City of La Quinta in regards to the scheduling of the various project elements. Provide recommendations, as appropriate, to maximize efficiency of operations and expeditious completion of the project. Budget Monitor and maintain the approved project budget. Review and consult with the City of La Quinta staff with regard to costs and budgeting for the various project elements. Provide recommendations, as appropriate, to maximize efficient utilization of funds and control of project costs. 6. oil H. Field Coordination a. Perform as needed on -site observation of the progress and quality of the project work to determine if the work is being performed in general conformance with the contract documents and applicable laws, environmental requirements, codes, and ordinances. Notify the City of La Quinta immediately if, in the construction manager's opinion, project work does not conform to the contract documents. b. Monitor the contractor's construction schedules on an on -going basis and alert the City of La Quinta to conditions that may lead to delays in completion of the project. Receive and coordinate response to requests from the contractor for information and, in consultation with the City of La Quinta, the project engineer or other project consultants, process written interpretations of the contract documents. d. Receive, document and process any requests for change orders as submitted by the project contractor. Coordinate and review with the project engineer and/or other consultants any potential effects to the project budget and/or schedule. Determine the appropriate and recommended action for the City of La Quinta and if requested changes are to be accepted, prepare appropriate contract change orders for processing by staff. Attend and/or initiate meetings as directed by the City of La Quinta and report to staff on the proceedings. Issue written minutes of the regularly scheduled construction progress meetings for distribution to project parties. Issue written minutes of other project related meetings for distribution to project parties. f. Observe and/or coordinate tests required by the contract documents. Record and report to the City of La Quinta on test procedures and test results, verify testing invoices to be paid by the City of La Quinta g. Maintain project records at the City of La Quinta office in an orderly manner. Including correspondence, memoranda, contract documents, photo records, change orders, the City of La Quinta and project engineer directives, reports of site meetings, shop drawings, product data, supplementary drawings, color schedules, requests for payment, and names, addresses, and telephone numbers of the contractors, subcontractors and principal material suppliers. h. Maintain a logbook of activities at the site, including weather conditions, nature and location project tasks being performed, verbal instructions and interpretations given to the contractor, and specific observations. Record any occurrence of items that might result in a claim for a change in contract sum or contract time. Maintain a list of visitors, their titles, and time and purpose of their visit. Prepare and submit a monthly Project Activity Summary Report, including construction activity, accomplishments, and status of project budget and schedule. Assist the City of La Quinta staff in processing the review of shop drawings and product data samples. Notify the City of La Quinta if any portion of the project requiring shop drawings, product data or samples is commenced before such submittals have been approved. Receive and log samples required at the site, notify the City of La Quinta when they are ready for examination, and record the City of La Quinta approval or other action, maintain custody of approved samples. Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed ONE HUNDRED TWENTY-FOUR THOUSAND, FORTY-SEVEN Dollars ($124,047.00) except as specified in Section 1.6 - Additional Services of the Agreement. Estimated Contract Length is 7 months. October 1, 2002 to May 1, 2003. Contract value is derived as follows; 4.33 weeks per month X 7 months = 30.31 weeks 30.31 weeks X 40 hours per week = 1,212.40 hours 1,212.40 hrs X $92.50 per hour = $112,147.00 Allowance for Jobsite Office trailer, temporary electricity, telephone & fax service; $1,700 per month for jobsite office trailer and temporary utilities $1,700 X 7 months = $11,900.00 $112,147.00 Construction Mgr. $11,900.00 Jobsite Office Allowance $124,047.00 tl21 Exhibit C Schedule of Performance Consultant shall complete all services within TWO HUNDRED TEN (210) days from October 1, 2002. Exhibit D Special Requirements Upon satisfactory performance of services by consultant, the City may elect to extend the duration of this contract to provide Construction Management services for the Adams Street Fire Station project. Services shall be authorized by amendment to this agreement applying the same rate of compensation schedule. Length of contract amendment shall be negotiated and approved by both parties with respect to the Fire Station construction schedule. ii23 BUSINESS SESSION ITEM: I ORDINANCE NO. 376 AN ORDINANCE OF THE CITY OF LA QUINTA, REVISING TITLE 8 ENTITLED "BUILDING AND CONSTRUCTION," AND ADOPTING THE FOLLOWING CODES PUBLISHED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION: THE CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE, 2001 EDITION; THE CALIFORNIA BUILDING CODE, 2001 EDITION, VOLUMES 1,2, AND 3 INCLUDING CERTAIN SPECIFIED APPENDICES; THE CALIFORNIA ELECTRIC CODE, 2001 EDITION; THE CALIFORNIA PLUMBING CODE, 2001 EDITION, INCLUDING ALL APPENDICES AND THE INSTALLATION STANDARDS; THE CALIFORNIA MECHANICAL CODE, 2001 EDITION; THE CALIFORNIA ENERGY CODE, 2001 EDITION; THE CALIFORNIA BUILDING STANDARDS CODE, 2001 EDITION; AND THE CALIFORNIA FIRE CODE, 2001 EDITION. WHEREAS, the California Building Standards Commission has adopted a State approved version of uniform codes governing construction in the State of California; WHEREAS, said new codes shall become automatically applicable to the City of La Quinta unless the City adopts certain findings related to local climatic or geographical conditions which requires modifications to the state approved rules; The City Council of the City of La Quinta, California, DOES HEREBY FIND AND ORDAIN as follows: SECTION 1. Local climate conditions particularly including extreme range of temperatures and proximity to active geological areas are hereby found to require certain revisions to the State approved California Building Code. SECTION 2. ADOPTION OF BUILDING AND CONSTRUCTION REGULATIONS. There is hereby adopted an amendment, attached hereto as Exhibit A, to Title 8 of the La Quinta Municipal Code entitled "Building and Construction" which is incorporated as fully as if set out in full herein, for the purpose of prescribing regulations governing conditions related to building and construction and activities including those certain documents specifically described in said Exhibit A, save and except certain specified portions which are hereinafter deleted, modified or amended within various Chapters of said Title 8, of which documents being adopted by reference copies are on file with the Building and Safety Department and the same are also hereby adopted and incorporated as fully as if set out at length herein. Ordinance No. 376 Municipal Code Chapter 8 2001 California Bldg. Standards Adopted: October 1, 2002 Page 2 SECTION 3. VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Ordinance. Any person, firm, or corporation violating, or failing to comply with, any of the provisions of such Ordinance or Code shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of such Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500 or by imprisonment for not more than six (6) months or by both such fine and imprisonment. The application of the penalty provided in this Section shall not be held to prevent the abatement of prohibited conditions as a public nuisance as provided by Section 1.01.250 of the La Quinta Municipal Code. SECTION 4. VALIDITY. If any section, subsection, clause or phrase of this Ordinance, or of any code adopted thereby is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance or of any code adopted thereby. The City Council hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, and each code adopted hereby irrespective of the clauses or phrases being declared invalid. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect starting on November 1, 2002. SECTION 6. POSTING. The City Clerk shall, within fifteen (15) days after the passage of this Ordinance, cause it to be posted in at least the three public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1 st day of October, 2002, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Ordinance No. 376 Municipal Code Chapter 8 2001 California Bldg. Standards Adopted: October 1, 2002 Page 3 JOHN J. PEIVA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Ordinance No. 376 Municipal Code Chapter 8 2001 California Bldg. Standards Adopted: October 1, 2002 Page 4 EXHIBIT "A" Title 8 of the La Quinta Municipal Code, entitled "Building and Construction," shall be amended as follows: 1. Chapter 8.01 No Changes 2. Section 8.02.010 Adoption of the California Building Code is amended to read as follows: "Certain documents marked and designated as the " California Building Code, 2001 Edition" Volumes 1, 2, and 3 including Appendix Chapter 3 Division IV, (Requirements for Group R, Division 4 Occupancies), Chapter 12 Division II, (Sound Transmission Control), Chapter 15, (Reroofing), Chapter 18, (Waterproofing and Dampproofing Foundations), Chapter 29, (Minimum Plumbing Fixtures), Chapter 31 Divisions II and III (Special Construction), Chapter 33, (Excavation and Grading), and Chapter 34 Division III (Repairs to Buildings Damaged by Natural Disasters), published by the California Building Standards Commission are adopted for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance, of all buildings or structures. Each and all of the regulations, provisions, conditions and terms of such "California Building Code, 2001 Edition," published by the California Building Standards Commission, on file in the Building and Safety Department, are referred to and made part hereof as if fully set out in this chapter, except as otherwise provided in this chapter." 3. Section 8.02.020 shall be revised to change references to "California Building Code, 1998 Edition" to "California Building Code, 2001 Edition." 4. Section 8.02.030 shall be revised to change references to "California Building Code, 1998 Edition" to "California Building Code, 2001 Edition." 5. Section 8.02.060 shall be revised to change references to "California Building Code, 1998 Edition" to "California Building Code, 2001 Edition." 6. Section 8.03.010 shall be revised to change "California Electric Code, 1998 Edition" references to "California Electric Code, 2001 Edition." Ordinance No. 376 Municipal Code Chapter 8 2001 California Bldg. Standards Adopted: October 1, 2002 Page 5 7. Section 8.04.010 shall be revised to change "California Plumbing Code, 1998 Edition" references to "California Plumbing Code, 2001 Edition." 8. Section 8.04.020 shall be revised to change the reference to "California Plumbing Code, 1998 Edition" to "California Plumbing Code, 2001 Edition." 9. Section 8.05.010 shall be revised to change the reference to "California Mechanical Code, 1998 Edition" to "California Mechanical Code, 2001 Edition." 10. Section 8.05.020 shall be revised to read as follows: "8.04.020 Deletion of Certain Parts of the California Mechanical Code The following portions of the California Plumbing Code, 2001 Edition are deleted: A. Section 115.2 (Permit Fees) B. Section 115.3 (Plan Review Fees) C. Table 1-1 (Mechanical Permit Fees)" 1 1 . Chapter 8.06 No Changes to this Chapter 12. Chapter 8.07 No Changes to this Chapter 13. Section 8.08.010 shall be revised to change the reference to "California Fire Code, 1998 Edition" to "California Fire Code, 2001 Edition." 14. Section 8.08.020 shall be revised to change the reference to "California Fire Code 1998 Edition" to " California Fire Code, 2001 Edition." 15. Section 8.08.030 shall be revised to change reference to "Uniform Fire Code" to "California Fire Code." 16. Section 8.08.040 shall be revised to change the reference to "California Fire Code, 1998 Edition" to "California Fire Code, 2001 Edition." 17. Section 8.08.050 shall be revised to change the reference to "California Fire Code, 1998 Edition" to "California Fire Code, 2001 Edition." 18. Section 8.08.070 shall be revised to change the reference to " California Code, 1998 Edition" shall be revised to "California Fire Code, 2001 Edition." Ordinance No. 376 Municipal Code Chapter 8 2001 California Bldg. Standards Adopted: October 1, 2002 Page 6 19. Section 8.08.090 shall be revised to change the reference to "California Fire Code, 1998 Edition" to "California Fire Code, 2001 Edition." 20. Section 8.08.100 shall be revised to change the reference to "California Fire Code, 1998 Edition" to "California Fire Code, 2001 Edition." 21. Section 8.08.120 shall be revised to change the reference to "California Fire Code, 1998 Edition" to "California Fire Code, 2001 Edition." No Changes to the Remainder of Title 8 COUNCIL/RDA MEETING DATE: October 1, 2002 ITEM TITLE: Consideration of an Amendment to the Memorandum of Understanding on the Coachella Valley Fringe -Toed Lizard Habitat Conservation Plan Regarding "Measures to Minimize and Mitigate Take of the Coachella Valley Fringe -Toed Lizard" to Provide an Extension of the Current MOU until December 31, 2003. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION. C -- CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Amendment and authorize the Mayor to sign the necessary documents. FISCAL IMPLICATIONS: The extension will continue the City's collection of $600 per acre for the preserve. None. BACKGROUND AND OVERVIEW: In Spring of 2001, CVAG and its member cities and the County of Riverside entered into a Memorandum of Understanding (MOU) with the California Department of Fish and Game and the United States Fish and Wildlife Service (FWS) which amended the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan and had an expiration date of September 1, 2002. This Amendment (Attachment 1) will extend the MOU and its assurance from the FWS that the permit for "take" of the Coachella Valley Fringe -toed Lizard would not be suspended or revoked until December 31, 2003. For a jurisdiction to be a party to this extension, it must execute the Amendment by October 25, 2002. The matter is before the City Council for their consideration. G:\WPDOCS\CC Stf Rpts\CCJHMOU.doc \ EtiMAI\O ' il- I+`� The alternatives available to the City Council include: Approve the Amendment and authorize the Mayor to sign the necessary documents; or 2. Do not approve the Amendment nor authorize the Mayor to sign the necessary documents; or 3. Provide staff with alternative direction. Respectfully submitted, rry Hernpn immunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: Amendment to the MOU G:\WPDOCS\CC Stf Rpts\CCJHMOU.doc ATTACHMENT #1 AMENDMENT TO MEMORANDUM OF UNDERSTANDING Between THE CITIES OF CATHEDRAL CITY, COACHELLA, DESERT HOT SPRINGS, INDIAN WELLS, INDIO, LA QUINTA, PALM DESERT, PALM SPRINGS, AND RANCHO MIRAGE; THE COUNTY OF RIVERSIDE; THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS; THE CALIFORNIA DEPARTMENT OF FISH AND GAME; THE U.S. FISH AND WILDLIFE SERVICE; AND CENTER FOR NATURAL LANDS MANAGEMENT Regarding MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE COACHELLA VALLEY FRINGE -TOED LIZARD 1. AMENDMENT OF PRIOR MOU: As to the rights and obligations of the signatories hereto, the Memorandum of Understanding Regarding Measures to Minimize and Mitigate Take of the Coachella Valley Fringe -Toed Lizard (MOU) previously executed by the Parties on or about March 26, 2001 is hereby amended. II. EXTENSION OF TERM OF MOU: The term of the MOU, as it applies to the signatories hereto, is extended to, and shall expire on, December 31, 2003, or upon issuance by both FWS and CDFG of take authorizations for the MSHCP, whichever occurs first. Said extension is subject to the following conditions: A. The extension of the term of the MOU shall be applicable only as to those jurisdictions that execute this amendment on or before October 15, 2002; and B. All obligations of FWS and CDFG under this MOU shall terminate on January 2, 2003, as to any jurisdiction that has not prior to that date tendered a fully executed Section 10(a)(1)(B) permit application to the Executive Director of the Coachella Valley Associations of Governments (CVAG) as part of CVAG's process for releasing a Public Review Draft of the MSHCP. 4 r, Page 1 III. MISCELLANEOUS: A. All other terms and conditions of the MOU shall remain in full force and effect. B. As used herein, the term "jurisdiction" refers to the Cities and County that were parties to the MOU. C. The terms used herein shall have the same meaning as defined in the MOU. DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: CITY OF CATHEDRAL CITY an CITY OF COACHELLA 51 CITY OF DESERT HOT SPRINGS LM CITY OF INDIAN WELLS Page 2 DATED-.. ATTEST: DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: CITY OF INDIO By CITY OF LA QUINTA By CITY OF PALM DESERT By CITY OF PALM SPRINGS By CITY OF RANCHO MIRAGE By 'COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS By i U Page 3 DATED: COUNTY OF RIVERSIDE ATTEST: DATED: CALIFORNIA DEPARTMENT OF FISH AND GAME ATTEST: By DATED: ATTEST: U. S. FISH AND WILDLIFE SERVICE DATED: CENTER FOR NATURAL LANDS MANAGEMENT ATTEST: Page 4 Tdivl 4 4 Qum& AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 1, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Sponsorship of the PUBLIC HEARING: Coachella Valley Recreation and Park District's Culturefest To Be Held on November 8 & 9, 2002 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The Coachella Valley Recreation and Park District (CVRPD) is offering several levels of sponsorships for the Oktoberfest program (now named Culturefest), from $500 to $10,000. The Community Services Department budget provides Account #101- 251-663-539, CVRPD Oktoberfest Sponsorship in the amount of $2,200. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: CVRPD is offering the annual Oktoberfest program (now called Culturefest) on November 8 & 9, 2002. As in the past, the City of La Quinta provides funds in the Community Services Department budget to cover the cost of the Temporary Use Permit ($100). Once the City's permits are processed, there is a balance of $2,100 in the Culturefest category. CVRPD offers sponsorships from $500 to $10,000 for the Culturefest program, as provided in Attachment 1 . Specifically, the CVRPD has requested the City sponsor the 2002 Culturefest as a "Co -Sponsor" at a cost of $2,500. If the Council approves sponsorship at the "Co -Sponsor" level at a cost of $2,500, appropriations will need to be made from either the General Fund Reserve Account #101-000- 300-290 or the Contingency Account #101-251-663-000 to cover the additional $400 expenditure. A f S FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the sponsorship of the Coachella Valley Recreation and Park District's Culturefest in a specific amount and authorize any necessary appropriations from either the General Fund Reserve Account # 10 1 -000-300- 290 or the Contingency Account #101-251-663-000; or 2. Do not authorize sponsorship of the Coachella Valley Recreation and Park District's Culturefest; or 3. Provide staff with alternative direction. Respectfully submitted, u'n qDodi�ie Horvitz, Co unity Services hector Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Culturefest Sponsorship Information s S:\CITYMGR\Terry\Staff Reports\Culturefest 02 spnsrshp.doc ATTACHMENT 1 Coachella Valley Recreation & Park District 45-871 Clinton Street, Indio. California 92201 (760) 347-3484 FAX (760) 347-4660 www cvrpd.org September 23, 2002 City of La Quinta 78-195 Calle Tampico La Quinta, CA. 92253 Dear City of La Quinta; Attn: Marni Francisco The Coachella Valley Recreation & Park District would like the City of La Quinta to sponsor the 2002 Culturefest on a "Co -Sponsor" level at the cost of $2,500. In addition, please wave the Temporary Use Permit fee of $100. If you have any questions, -please feel free to call, (760) 347-3484. Sincerely, i Justin Yard Special Events Coordinator nager Dui, Martin Superintendent Laura Mc(3alliarc age - Bermuda Dunes - ThP— Palm Desert -Indian Wells - La Quinta Indio - Coacheusa lla - Thond nc Palms - Raho Mir $2,500 • Prominent listing on all posters and promotional material. • Visible signage in Culturefest tent. • Name on all press releases and printed materials. • Corporate Logo on all Official Culturefest T-Shirts. • 50 free admission tickets. Mention on all radio, TV and newspaper spots. • Free booth at the event. • Free link on Coachella Valley Recreation & Park District vveb site to your company's web site. REPORT/INFORMATIONAL ITEM: /Y COMMUNITY SERVICES COMMISSION MINUTES May 13, 2002 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:03 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson St. Johns presided over the meeting. Commissioner Davis led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Deborah Bechard Commissioner Michele Boudreau (excused) Commissioner Mike Davis Commissioner Victoria St. Johns (Chairperson) MEMBERS ABSENT: STAFF PRESENT OTHERS PRESENT: II. PUBLIC COMMENT Commissioner Joan Rebich Dodie Horvitz, Community Services Director Kay Wolff Gary Calhoun Mrs. Wolff addressed the municipal golf courses that are being planned for the Ranch location. She asked if the Commission had taken a stand on the project. She stated that the price tag of $45 million for the land got her attention. She has met with City staff and City Council members regarding the funding of the project and understands that the funds used for this project cannot be used to fund recreation programs. She asked if the Commission will be involved in the planning of the recreational amenities on the site. Mr. Calhoun stated that he was interested in applying for the Commission and wanted to see what that entailed. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of April 8, 2002 B. Monthly Department Report for March 2002 It was moved by Commissioners Davis/Bechard to approve the Consent Calendar. Unanimous. S:\COMMUNITY SERVICES\CSCOMM\MINUTESCSC\2002\CSCMIN.05-13-02.DOC V. PUBLIC HEARING VI. BUSINESS ITEMS A. Volunteer Recognition Ceremony Staff reported that a Volunteer Recognition Ceremony will be held on Wednesday, May 15 at 5:30 p.m. in the courtyard of the City Hall. (The staff report included for this item contained the incorrect date). Commissioner Bechard will be able to attend the event and plans on getting there at 5:00 p.m. Other Commissioners will try to attend. VII. CORRESPONDENCE AND WRITTEN MATERIALS Staff gave an update on Desert Club Manor Park and the La Quinta Park project. Vill. COMMISSIONER ITEMS A. Commissioner St. Johns asked if the High School seniors had submitted an application to change the name of Westward Ho Drive in front of the High School to Blackhawk Lane. Staff reported that they were unaware of an application being submitted. B. Commissioner St. Johns stated that Councilmember Adolph stated in a City Council meeting that, in his opinion, the Community Picnic had not been successful in the past. Commissioner St. Johns felt as though that comment was incorrect, as she and the other Commissioners felt the Community Picnic was very successful. Staff pointed out that people use different measurement tools to measure success. If the tool is the number of people, the past Community Picnics were not heavily attended. If the measurement is the enjoyment gained by those in attendance, the Community Picnics were very successful. C. Commissioner Davis asked about the tennis court lights at Fritz Burns Park. Staff gave an update on the project to rehab the lights at the Tennis Courts. D. Commissioner Davis also stated that the picture of the lizard on the sign at the Cove Oasis Trailhead Interpretative Sign is incorrect for the text. The text is correct, however, the picture does not reflect the information in the text. Staff stated that the sign was extremely expensive, $20,000 and therefore redoing the sign to correct the lizard picture may need to wait until funds are available for that project. E. Commissioner Davis also asked about the future plans for the date palm trees at the Oasis. It was suggested by a BLM Ranger that the trees be allowed to grow "skirts" to provide habitat for birds. Staff reported that an arborist is being contacted regarding the trees. F. Commissioner Davis reported that the wrap-up meeting of the 20th Anniversary Celebration Committee suggested that the Community Picnic be held at the La Quinta S:\COMMUNITY SERVICES\CSCOMM\MINUTESCSC\2002\CSCMIN.05-13-02.DOC °0 012 Park next year, to provide additional room. Commissioner Davis volunteered to help organize the flow of traffic at the picnic in the future. IX. ADJOURNMENT It was moved by Commissioners Davis/Bechard to adjourn the Community Services Commission meeting. Unanimous. Meeting adjourned at 7:35 p.m. NEXT MEETING INFORMATION Monday, June 10, 2002 7:00 PM La Quinta Civic Center Study Session Room Submitted by: . CL Dodie korvitz, ComrAunity Services Director S:\COMMUNITY SERVICES\CSCOMM\MINUTESCSC\2002\CSCMIN.05-13-02.DOC 003 REPORT/INFORMATIONAL ITEM: INVESTMENT ADVISORY BOARD Meeting July 10, 2002 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Chairman Mahfoud, followed by the Pledge of Allegiance. PRESENT: Board Members Moulin, Olander, and Chairman Mahfoud, Board Member Felice (via videoconference) ABSENT: Board Members Osborne, Lewis and Mortenson OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Secretary II APPOINTMENT OF OFFICERS A. Appointment of Investment Advisory Board Chairperson Chairman Mahfoud opened nominations for Chairperson. Board Member Moulin nominated, Chairperson Mahfoud for reappointment. Chairperson Mahfoud closed nominations for Chairperson MOTION - It was moved by Board Members Moulin/Olander to appoint Chairperson Mahfoud for a second term. Motion carried unanimously. B. Appointment of Investment Advisory Board Vice Chairperson Chairman Mahfoud opened nominations for Vice Chairperson. Board Member Moulin nominated Board Member Olander. /`" Investment Advisory Board Minutes July 10, 2002 Chairperson Mahfoud closed nominations for Vice Chairperson. MOTION - It was moved by Board Member Moulin/Mahfoud to appoint Board Member Olander for Vice Chairman. Motion carried unanimously. III PUBLIC COMMENT — (This is the time set aside for public comment on any matter not scheduled on the agenda.) IV CONFIRMATION OF AGENDA V. CONSENT CALENDAR A. Approval of Minutes of Meeting on June 12, 2002 for the Investment Advisory Board. MOTION - It was moved by Board Members Moulin/Olander to approve the minutes of June 12, 2002. Motion carried unanimously. VI BUSINESS SESSION A. Transmittal of Treasury Report for May 2002 In response to Board Member Moulin, Mr. Falconer advised the Board that on page 007, in reference to the comments on major changes and cash flow that the revenues received were the second half of the property tax increment installment, in the month of May. This balance caused an increase in the City's cash balance, and is reflected in changes over $12 %2 million. Mr. Falconer also advised the Board that in the month of June, the City purchased the Ranch property and bonds were issued. The project will be going to Council at the next scheduled council meeting to select the designer. Mr. Falconer stated to the Board that the overall interest rate on the bonds recently issued, currently were at 5.1 % and the term of the bonds is thirty years. In response to Board Member Moulin, Mr. Falconer advised the Board that due to the receipt of monies from the County at the end of May, the bulk of the funds were placed into Mutual Funds and will be placed into commercial paper by the following month. Mr. Falconer advised the Board that on page 009, the average maturity was lengthened in the month of May. 2 Investment Advisory Board Minutes July 10, 2002 MOTION - It was moved by Board Members Olander/Moulin to review, receive and file the Treasurer's Report for May 2002. Motion carried unanimously. B. FY 2002/2003 Meeting Schedule Mr. Falconer advised the Board that due to the LAIF Conference, that the scheduled September meeting be changed from September 11 th to September 18th Board Member Moulin suggested to the Board that for the month of August that the Board goes dark. Board concurred. MOTION - It was moved by Board Members Moulin/Olander to continue to meet on a monthly schedule with the Board going dark for the month of August, with the exception of the September meeting, which will be rescheduled from the 11 th to the 18th. Motion carried unanimously. C. Consideration of Approval of Investment Advisory Board 2002/2003 Work Plan Chairman Mahfoud suggested to the Board that GSE's should be reviewed in the month of December or January, along with LAIF. Board Member Moulin suggested that Commercial Paper be added to the review. MOTION — It was moved by Board Members Moulin/Olander that the 2002/2003 Work Plan consist of the review of GSE's, LAIF and Commercial Paper. Motion carried unanimously. D. LAIF Conference Mr. Falconer advised the Board that an agenda has not been released, but Mr. Falconer was able to receive a tentative outline for the conference from Elaine Parks of LAIF. Mr. Falconer advised the Board that two Board Members and one Staff member are budgeted to attend conference subject to Council review. 3 Investment Advisory Board Minutes July 10, 2002 Chairman Mahfoud volunteered to attend the conference only if there were no other Board Members interested. Board Member Olander also volunteered. MOTION - It was moved by Board Members Moulin/Felice authorizing two Board Members, Chairman Mahfoud and Board Member Olander, to attend the conference subject to council approval. Motion carried unanimously. VII CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report In response to Chairman Mahfoud, Mr. Falconer advised the Board that the Police Department under spent a $1 million due to the delay of submittal of their invoices. Mr. Falconer also informed the Board that the Public Works Department has not started a few of their projects due to current vacancies within their department. Noted and Filed B. Pooled Money Investment Board Reports - April 2002 As a follow-up to Board Member Lewis' request at the June meeting regarding loans, Mr. Falconer informed the Board that he received a call from Mr. Spitler of the State Treasurer's office, regarding limited restrictions for general fund loans. Mr. Falconer stated that the PMIA Report, listed on page 2, indicates a total portfolio of $50 billion, of which LAIF is a portion of this amount, approximately $20 billion. Mr. Spitler stated that there is no set percentage, the loans vary between $9 and $12 billion a month which are borrowed by the general fund to meet its cash needs. Mr. Spitler also stated that an analysis was done several years ago that went through the various funds the Treasurer maintains and through this analysis it identifies funds that can be borrowed against and funds that cannot be borrowed against LAIF. LAIF is a fund that cannot be borrowed against. Mr. Falconer also advised the Board that LAIF has dropped about thirty basis points in the last week, which currently brings it to 2.58% rate. Noted and Filed 4 Investment Advisory Board July 10, 2002 Minutes C. Distribution of Investment Policies for Fiscal Year 2002/2003 Board Member Moulin advised the Board that one Council Member was not comfortable about policy due to the continued investment of LAIF at 20%, but the policy was unanimously approved. Noted and Filed VIII BOARD MEMBER ITEMS Board Member Moulin stated that at the Council Meeting, that Council Member Henderson was not satisfied with the interview process for all commissions and boards and Council Member Henderson suggested that the Council select the Chairman for each board .and commission. Mr. Falconer stated that the past practice is for the board and/or the commission to select a chairperson. General discussion ensued regarding the selection process of the Investment Advisory Board. IX. ADJOURNMENT MOTION - It was moved by Board Members Moulin/Olander to adjourn the meeting at 6:32 p.m. Motion carried unanimously. /Sumitted by, Vianka Orrantia Secretary 5 DEPARTMENT REPORT: 1-14 T4ht 4 4a 4911K& MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: October 1, 2002 SUBJECT: Department Report — Response to Public Comments The following public comments were made at the September 17, 2002, City Council meeting: Ms. Bridget Zappia, 78-557 Torina Drive, spoke regarding vacant parcels at the corner of Fred Waring and Washington Street and urged the City Council to re -zone the property to a lower density. Letter sent by Community Development Department in response to Ms. Zappia's concerns. 2. Mr. Ernie Brazil, 44-400 Buttercup, spoke regarding the condition of the landscape plants and trees on the perimeter of Cactus Flower at Fred Waring and Dune Palms. Letter sent by Public Works Department in response to Mr. Brazil's concerns. 3. Ms. Catherine Hunter, 77-51 1 Calle Arroba, questioned the difference in easements on lots in the Cove--6 foot vs. 12 foot, and also the enforcement of the Commercial Vehicle Ordinance. Staff met with the concerned parties immediately after the Public Comment and clarified the restrictions regarding garden wall construction, commercial vehicles, right of ways, easements and setbacks. Each individual was given a business card with the assurance that staff would investigate any perceived violations of the above regulations and notify the reporting party of their findings. DEPARTMENT REPORT:.3- A CITY COUNCIL'S UPCOMING EVENTS OCTOBER 15 CITY COUNCIL MEETING OCTOBER 21 VOTER REGISTRATION DEADLINE NOVEMBER 5 CITY COUNCIL MEETING NOVEMBER 5 ELECTION DAY NOVEMBER 19 CITY COUNCIL MEETING DECEMBER 3 CITY COUNCIL MEETING DECEMBER 7 CIVIC CENTER CAMPUS DEDICATION DECEMBER 7 ANNUAL TREE -LIGHTING CEREMONY DECEMBER 17 CITY COUNCIL MEETING JANUARY 7 CITY COUNCIL MEETING JANUARY 21 CITY COUNCIL MEETING October 2002 La Quinta City Council Monthly Planner Sunday Monday Tuesday Wednesday Thursday Saturday ____—Frid-ay 5 1 2 3 4 September 2:00 PM City Council Meeting 10:00 AM ALRC 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 6 7 8 9 10 11 12 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM Energy/ Mosquito Abate. Pena Envi-Sniff -Perkins 5:30 PM Invest- 7:00 PM Cultural 7:00 PM Planning ment Advisory Arts Commission Commission Board 13 14 15 16 17 18 19 10:00 AM Public 9:00 AM CVB- 3:00 PM Historic Safety -Perkins Henderson Preservation 12:00 PM Transp. 2:00 PM City Commission -Perkins Council Meeting 6:00 PM League of Cities-Riv.Div. 7:00 PM Commu- nity Services Commission 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM CVAG 9:00 AM LAFCO- Commission Human/Comm- Henderson Adolph 4:00 PM DRRA Airp-Henderson 27 28 29 30 31 K ` 6:00 PM CVAG- Exec Com-Pena November 0 S M T W T F S Daylight Savings Halloween 1 2 3 4 5 6 7 8 9 Time Ends 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 �. Printed by Calendar Creator Plus on 9/25/2002 November 2002 La Quinta City Council Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday October December S M T W T F S S M T W T F S .._ 3 4 5 1 2 3 4 5 6 7 123 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 31 29 30 31 3 4 5 6 7 8 9 2:00 PM City 10:00 AM ALRC 12:00 PM Mayors Council Meeting Lunch Election Day 10 11 12 13 14 15 16 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM Energy/ Mosquito Abate. Pena Envi-Sniff -Perkins 5:30 PM Invest- 7:00 PM Cultural 7:00 PM Planning ment Advisory Arts Commission Veteran's Day Commission Board (City Hall CLOSED) 17 18 19 20 21 22 23 9:00 AM CVB- 3:00 PM Historic Henderson Preservation 2:00 PM City Commission Council Meeting 24 25 26 27 28 29 30 6:00 PM CVAG- Exec Com-Pena 7:00 PM Planning Commission 12:00 PM CVAG Human/Comm- Adolph 4:00 PM DRRA Airp-Henderson Thanksgiving Thanksgiving Day (City Hall Holiday (City Hall Closed) CLOSED) Printed by Calendar Creator Plus on 9/25/2002 - December 2002 La Quinta City Council Monthly Planner Sunday Monday Tuesday Wednesday Thursday Saturday 4 5 - __ -Friday 6 7 1 2 3 2:00 PM City 10:00 AM ALRC Council Meeting 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. 7:00 PM Commu- nity Services Commission 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 4 4 9:00 AM LAFCO- Henderson 1 st Day of Winter Christmas Eve Christmas Day (City Hall Closed) 29 30 31 6:00 PM CVAG- Exec Com-Pena I November 02 January 03 S M T W T F S S M T W T F S __ — 1 2 1 2 3 4 New Years Eve 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 19 20 21 22 23 24 25 24 25 26 27 28 29 30 26 27 28 29 30 31 Printed by Calendar Creator Plus on 9/25/2002 4 DEPARTMENT REPORT: 3"D Tiht " MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: City Clerk, June Greek DATE: October 1, 2002 SUBJECT: Possible Dates for Holiday Open House As in the past, the City will host the Annual Holiday Open House in the Courtyard. A review of the Mayor and Council Member's calendars has shown several possible dates for this event. The dates that appear to be available are: Thursday, December 5, 2002 Friday, December 6, 2002 Tuesday, December 10, 2002 Wednesday, December 11, 2002 City Council is asked to approve one of these dates, or indicate another date that may be more convenient. This will allow staff to prepare and mail the invitations in a timely manner. T-ity 4 4 agwo AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 1, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Public Hearing on Certification of Environmental / Assessment 2001 -411 Revised and Consideration of PUBLIC HEARING: Specific Plan 2001-051 Amendment #1 and Village Use Permit 2001-007 Amendment #1, A Request to Modify Land Use and Development Standards for a 33 Acre Mixed Use Project Located on the Northeast Corner of Eisenhower Drive and Calle Tampico Applicant: Cameo Homes RECOMMENDATION: Approve a request to continue the public hearing for Environmental Assessment 2001- 41 1 Revised, Specific Plan 2001-051 Amendment #1, and Village Use Permit 2001- 007 Amendment #1 to October 15, 2002. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Additional time is needed to examine the project design changes being requested by the Planning Commission. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a request to continue the public hearing for Environmental Assessment 2001-41 1 Revised, Specific Plan 2001-051 Amendment #1, and Village Use Permit 2001-007 Amendment #1 to October 15, 2002; or 2. Do not approve the two week continuance request; or 3. Provide staff with alternative direction. Respectfully submitted, Her an, Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Proposed Specific Plan Site Plan 2.4.1 PROPOSED LA QUINTA VILLAGE APARTMENTS MASTER PLAN OF LAND USE Attachment 1 The Master Plan for the La Quinta Village Apartments Specific Plan and Village Use Permit reflects the development goal of providing upscale homesites capitalizing on views to adjacent mountains and distant golf facilities as well as an environment of connected greenbelt elements while providing adjacent sites for commercial development sites complementing the residential plan and the La Quinta community at large. The Concept Master Plan Diagram (below) is provided in map pocket 1 of this document. :( CAME TAMPICO La Quinta Village Apartments Specific Plan and Village Use Permit CONCEPT MASTER PLAN DIAGRAM 2.5 10 , d` 4 , p WH T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: October 1, 2002 ITEM TITLE: Public Hearing on 1) Specific Plan 2000-043, Amendment No. 2, a Request to Remove Sign Program Provisions from Point Happy Specific Plan, and 2) Sign Program 2002-629, a Request to Approve Sign Standards and Specifications for Point Happy Commercial Center Located at the Northwest Corner of Washington Street and Highway 111. Applicant: Madison/ P.T.M. La Quinta, L. L. C. RECOMMENDATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Point Happy Specific Plan 2000-043, Amendment No. 2; and, 2. Adopt a Resolution of the City Council approving Point Happy Sign Program 2002-629. FISCAL IMPLICATIONS: None. CITY CHARTER IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Site Location: The project site, located at the northwest corner of Highway 1 1 1 and Washington Street, consists of 9.779 acres and is under development. The project is bounded by the C.V.W.D. Stormwater Channel on the north, Washington Street on the east, Highway 1 1 1 on the south and a rock outcrop on the west. Planning Commission Action: The Planning Commission reviewed the developer's request on September 24, 2002, discussed all aspects of the application request and, after deliberation, voted (5-0) to recommend approval of the Specific Plan Amendment and Sign Program. The recommendations are based on the attached Findings and Conditions of Approval including modifications, as requested by the Commission. Excerpts from the Minutes of the Public Hearing are attached. (Attachment 1). Project Description: 61TOTZOUM RMINERVERUNW4 The request is for approval to amend the "Point Happy Specific Plan", (Attachment 2) by removing the sign program provisions from the Specific Plan and approving a "stand alone" Planned Sign Program for the Commercial Center under the Zoning Code (Section 9.160.090 D). This will allow future planned sign program adjustments, requested by future tenets and the property manager, to be reviewed by the Planning Commission as a business item, thus not requiring a Specific Plan Amendment which necessitates a public hearing by the Planning Commission and the City Council. A list of allowed signs remains in the Specific Plan including a neon tubing letter as an addition to the currently approved Specific Plan Sign Program. Also requested to be added to the Sign Program are company logos in a variety of forms. • 1-• 4= •. •ll The proposed Sign Program (Attachment 3) allows each business to have a wall sign within their store front width compatible with exterior building colors, material, and finishes. Signs will be required to have individual illuminated letters with a channel letter, a reverse channel, letter, and/or neon tubing. Freestanding pads will be required to use letter sizes of 18" to a maximum of 24" in one line of copy and "In -line shops" will be required to use letter sizes of 9" to a maximum of 16" in one line of copy. If double line copy is necessary for "In -line shops" and freestanding pads, the total height is not to exceed 25" or 10" character/letter height, double line. Sign lengths are not to exceed 80% of the leasehold business frontage width and/or 50 square feet. Non -illuminated awning and canopy signs will be allowed with limitations on locations and size. The proposed Sign Program also includes temporary signage which is consistent with Zoning Code requirements, and includes provisions stricter than Code requirements. Individual building signs are proposed to be reviewed and approved by the Community Development Director. Environmental Assessment: A Mitigated Negative Declaration (EA 2000-395) was certified by the City Council for "Point Happy Specific Plan" (SP 2000-043) under Resolution No. 2000-47 on May 16, 2000. There are no changed circumstances, conditions, or new information which would trigger the preparation of a subsequent environmental assessment pursuant to Public Resources Code 21166. Public Notice: This case was advertised in the Desert Sun newspaper on September 19, 2002. All property owners within 500-feet of the site were mailed a copy of the public hearing notice as required by the Zoning Code. Public agency comments have been incorporated into the proposed Conditions of Approval. FINDINGS AND ALTERNATIVES: Conditions are proposed that comply with the existing provisions of the General Plan, and Zoning Code. Findings for approval can be made and are included in the attached Resolutions. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council approving Point Happy Specific Plan 2000-043, Amendment No. 2; and, Adopt a Resolution of the City Council approving Point Happy Sign Program; or 2. Do not adopt a Resolution of the City Council approving Point Happy Specific Plan 2000-043, Amendment No. 2; and, Do not adopt a Resolution of the City Council approving Point Happy Sign Program; or 3. Provide staff with alternative direction. Respectfully submitted, JerV Herm)aK- CoVhmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Draft Planning Commission minutes for the meeting of September 24, 2002 (Excerpts) 2. Point Happy Specific Plan 2000-043, Amendment No. 2 (City Council only) 3. Point Happy Sign Program RESOLUTION 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DELETION OF SIGN PROGRAM PROVISIONS FROM THE SPECIFIC PLAN FOR A COMMERCIAL CENTER AT THE NORTHWEST CORNER OF WASHINGTON STREET AND HIGHWAY 111 CASE NO. SPECIFIC PLAN 2000-043, AMENDMENT NO. 2 MADISON/P.T.M. LA QUINTA, L. L C. WHEREAS, the City Council of the City of La Quinta, California, did, on the 1" day of October, 2002 hold a duly -noticed Public Hearing to consider deleting provisions of the Specific Plan relating to building signs. The project area is located at the northwest corner of Highway 111 and Washington Street, more particularly described as: PARCEL MAP 29736 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 3`d day of September, 2002 hold a duly -noticed Public Hearing and continued said Public Hearing to the 24th day of September, 2002, to consider deleting provisions of the Specific Plan relating to building signs. The project area is located at the northwest corner of Highway 1 1 1 and Washington Street. WHEREAS, said Specific Plan 2000-043 has complied with the requirements of the California Environmental Quality Act of 1970 (as amended), pursuant to the adoption of Resolution 83-68 by the City Council. The Community Development Director has determined that a Mitigated Negative Declaration (EA 2000- 395) was certified by the City Council for "Point Happy Specific Plan" (SP 2000-043) under Resolution 2000-47 on May 16, 2000 and an Environmental Addendum was certified on by the City Council for "Point Happy Specific Plan" (SP 2000-043, Amendment No. 1) under Resolution 2002-58 on April 16, 2002, and that there are no changed circumstances, conditions, or new information which would trigger the preparation of a subsequent Environmental Assessment pursuant to Public Resources Code 21166. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval to justify a recommendation for approval of said Specific Plan: 1. That the proposed Specific Plan Amendment is consistent with the goals and policies of the La Quinta General Plan in that the property is designated Community Commercial which allows the uses proposed for the property. { y AACC RESO SP 2000-043, Amd. No. 2.wpd Resolution 2002- Specific Plan 2000-043, Amendment No. 2 Madison/P.M.T. La Quinta, L. L C. Adopted October 1, 2002 Page 2 2. That the proposed Specific Plan Amendment will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting changes will require Planning Commission review and approval of future signs, which will ensure adequate review. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That it does hereby approve of the above -described Specific Plan Amendment request for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 1st day of October, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PEIVA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California v..0 RESOLUTION 2002- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2000-043, AMENDMENT NO. 2 ADOPTED OCTOBER 1, 2002 GENERAL 1 . The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this permit. 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. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Caltrans • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 3. This development shall be subject to the Infrastructure Fee Program and Development Impact Fee program in effect at the time of permit approval. A:\CC COA SP 2000-043, AMD. No. 2.wpd Resolution 2002- Conditions of Approval - Recommended Specific Plan 2000-043, Amendment No. 2 Adopted October 1, 2002 Page 2 PROPERTY RIGHTS 4. Prior to issuance of a grading or building permit, the applicant shall acquire or confer easements and other property rights necessary for construction or proper functioning of the proposed development. 5. The applicant may be required by Caltrans to furnish additional Highway 1 1 1 right of way to accommodate the proposed bus turnout and dedicated right -turn -in lane. If so, the right of way shall be deeded to the City in fee simple. 6. If the applicant cannot obtain permission from CVWD for location of the bikepath (required below) within the Coachella Valley Stormwater Channel, the applicant shall grant an easement across the north end of this property for that purpose. 7. The applicant shall dedicate or deed cross -access easements to all private lots or parcels existing or created on this property. The easements shall cover all parking and circulation areas and routes within the development. 8. The applicant shall create perimeter setbacks along public rights of way as follows: A. Highway 1 1 1 - 50 feet. B. Washington Street - 20 feet. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 9. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures. 10. The applicant shall vacate abutter's rights of access to public streets from all frontage except access points described herein. 1 1 . The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 12 Prior to placement of any privately -owned buildings or other costly structures in the City's drainage easement along Washington Street, the applicant shall obtain an encroachment permit for that purpose. The permit will require that in the event the City finds it necessary to construct, reconstruct or maintain facilities therein, th�' applicant shall indemnify the City from expenses exceeding those which would have been incurred with hardscape or landscaping. A:\CC COA SP 2000-043, AMD. No. 2.wpd Resolution 2002- Conditions of Approval - Recommended Specific Plan 2000-043, Amendment No. 2 Adopted October 1, 2002 Page 3 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. 13. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 14. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 15. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans for any public street improvements on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. A:\CC COA SP 2000-043, AMD. No. 2.wpd Resolution 2002- Conditions of Approval - Recommended Specific Plan 2000-043, Amendment No. 2 Adopted October 1, 2002 Page 4 IMPROVEMENT AGREEMENT 16. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to construct additional improvements subject to reimbursement by others, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City after the date of approval of the original conditions of approval for this property, the Applicant shall, at the time of approval of a map or other development or building permit, reimburse the City for the cost of those improvements. 17. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map, or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 18. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 19. If improvements are phased with multiple final maps or other administrative approvals (e.g., Site Development Permits), off -site improvements and common improvements A:\CC COA SP 2000-043, AMD. No. 2.wpd Resolution 2002- Conditions of Approval - Recommended Specific Plan 2000-043, Amendment No. 2 Adopted October 1, 2002 Page 5 (e.g., access drives, traffic signal improvements & perimeter landscaping) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. 20. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. GRADING 21. Prior to issuance of a grading permit, the applicant shall furnish a preliminary geotechnical ("soils") report and an approved grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. 22. 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. 22. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 23. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion and wind control measures soil stabilizing binders approved by the Community Development and Public Works Departments. 24. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. A:\CC COA SP 2000-043, AMD. No. 2.wpd .1 I Resolution 2002- Conditions of Approval - Recommended Specific Plan 2000-043, Amendment No. 2 Adopted October 1, 2002 Page 6 DRAINAGE 25. If the applicant proposes discharge of stormwater directly or indirectly to the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. 26. If the applicant does not discharge stormwater to the Coachella Valley Stormwater Channel, stormwater shall be retained on -site and disposed of in facilities approved by the City Engineer. 27. Nuisance water shall be retained on site and disposed of in facilities approved by the City Engineer. UTILITIES 28. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 29. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 30. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. A:\CC COA SP 2000-043, AMD. No. 2.wpd j 7 Resolution 2002- Conditions of Approval - Recommended Specific Plan 2000-043, Amendment No. 2 Adopted October 1, 2002 Page 7 STREET AND TRAFFIC IMPROVEMENTS 31. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF -SITE STREETS AND BIKEPATH 1) Highway 1 1 1 - Complete construction of north side of the street. Construct eight -foot sidewalk/bikepath. Modify traffic signal, median, traffic signs, and traffic markings at the west access drive to accommodate a fourth leg on the intersection. 2) Washington Street (Major Arterial) - Construct eight -foot sidewalk/bike path. Modify traffic signal, median, traffic signs, and traffic markings at the north access drive to accommodate a fourth leg on the intersection. If a hotel use is selected as described in Alternative Use #2, the a applicant shall construct a right turn lane for south bound traffic from Washington Street onto Highway 111, including necessary modifications to the existing traffic signal, curbs and gutters, traffic signs and traffic markings. The design of the right turn lane shall be subject to Caltrans and the City Engineer's approval. Additional right of way may be required to accommodate the approved right turn lane design and shall be dedicated to the City and the State as necessary. 3) Bike path- Pay pro-rata share of Bike Path adjacent to project site. Prorate share shall not exceed $30 per lineal foot of 8-foot wide PCC bike path. 32. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 33. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. A:\CC COA SP 2000-043, AMD. No. 2.wpd 7 Resolution 2002- Conditions of Approval - Recommended Specific Plan 2000-043, Amendment No. 2 Adopted October 1, 2002 Page 8 34. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" c.a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 35. The applicant shall submit current mix designs (Less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 36. General access points and turning movements of traffic are limited to the following: A. Highway 111 1) Full -access drive at existing traffic signal at the southwest corner of this property. 2) Right-in/Right-out drive centered approximately 435 feet east of the centerline of the westerly drive. B. Washington Street 1) Full -access drive at existing traffic signal at the northeast corner of this property. LANDSCAPING 37. The applicant shall provide landscape improvements in landscape setbacks and in on - site areas as designated in the landscape plan for this Specific Plan. A:\CC COA SP 2000-043, AMD. No. 2.wpd 14 Resolution 2002- Conditions of Approval - Recommended Specific Plan 2000-043, Amendment No. 2 Adopted October 1, 2002 Page 9 38. Landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 39. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. PUBLIC SERVICES 40. The applicant shall provide an improved bus turnout with a City approved Bus Shelter design on Highway 111 as required by Sunline Transit and approved by the City Engineer and Community Development Director. The applicant shall provide an improved bus turnout with a City approved Bus Shelter design on Washington Street between the Coachella Valley Storm Water Channel and Washington Street, if needed by Sunline Transit and approved by the City Engineer and Community Development Director. The applicant shall install electric power connection to provide electricity to bus shelter on Highway 111. The electric power may be connected to an existing circuit owned by the City if there is one conveniently available in the vicinity, or at applicant's expense request IID to install a new electric meter to power the circuit. The City will accept the electric meter and power circuit when completed. QUALITY ASSURANCE 41. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 42. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. A:\CC COA SP 2000-043, AMD. No. 2.wpd J_ j � Resolution 2002- Conditions of Approval - Recommended Specific Plan 2000-043, Amendment No. 2 Adopted October 1, 2002 Page 10 43. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 44. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvements constructed within City or Caltrans' right of way. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 45. The applicant shall make provisions for continuous, perpetual maintenance of all on - site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. FEES AND DEPOSITS 46. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. FIRE MARSHAL 48. All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the appropriate sections of the water district, subject to the approval by the Riverside County Fire Department. 49. Automatic fire sprinklers providing required fire flows shall be constructed in accordance with La Quinta City Ordinance 8.08.090. 50. All interior fire apparatus access roads shall be a minimum of 20 feet unobstructed width and ab unobstructed vertical clearance of 13 feet 6 inches. Any portion of an exterior wall of the first story of any building shall be located within 150 feet from apparatus access as measured by an approved route around the exterior of the building. A:\CC COA SP 2000-043, AMD. No. 2.wpd I �' 1. 0 Resolution 2002- Conditions of Approval - Recommended Specific Plan 2000-043, Amendment No. 2 Adopted October 1, 2002 Page 11 MISCELLANEOUS 51. Prior to issuance of a Site Development Permit , the final Conditions of Approval shall be incorporated in the Final Specific Plan document. Applicant shall work with staff to correct internal document inconsistencies prior to final publication of five copies of the Specific Plan document. 52. Prohibit Date Palms trees in high use activity locations including pedestrian corridors and courtyards. 53. Allow a street name change to "Point Happy Drive" on the east side of the property on Washington Street into the One Eleven La Quinta Shopping Center; a street name change to "Point Happy Drive" at the signal on Highway 1 1 1 at the south driveway into the property shall be allowed only after obtaining the express written permission (and presented to the City) from the La Quinta Plaza Shopping Center owners (the shopping center on the south side of Highway 111 . 54. Applicant shall complete the approved revised bus shelter design plan for the Highway 111 bus shelter that is limited to additional sidewalk paving behind the shelter for transit user access, a landscaping plan (consistent with the Highway 1 1 1 Design Guidelines) that includes at least three additional shade trees and boulders appropriately placed for safety, and a color sample that matches the buildings in the Point Happy commercial center to be used to re -paint the bus shelter. A:\CC COA SP 2000-043, AMD. No. 2.wpd RESOLUTION 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A PLANNED SIGN PROGRAM FOR A COMMERCIAL CENTER AT THE NORTHWEST CORNER OF WASHINGTON STREET AND HIGHWAY 111 CASE NO. SIGN PROGRAM 2002-629 MADISON/P.T.M. LA QUINTA, L. L C. WHEREAS, the City Council of the City of La Quinta, California, did, on the 1st day of October, 2002 hold a duly -noticed Public Hearing, to consider a Planned Sign Program for Point Happy Commercial Center. The project area is located at the northwest corner of Highway 1 1 1 and Washington Street, more particularly described as: PARCEL MAP 29736 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 3rd day of September, 2002 hold a duly -noticed Public Hearing, and continued said Public Hearing to the 241h day of September, 2002, to consider a Planned Sign Program for Point Happy Commercial Center. The project area is located at the northwest corner of Highway 1 1 1 and Washington Street. WHEREAS, said Specific Plan 2000-043 has complied with the requirements of the California Environmental Quality Act of 1970 (as amended), pursuant to the adoption of Resolution 83-68 by the City Council. The Community Development Director has determined that a Mitigated Negative Declaration (EA 2000- 395) was certified by the City Council for "Point Happy Specific Plan" (SP 2000-043) under Resolution 2000-47 on May 16, 2000 and an Environmental Addendum was certified on by the City Council for "Point Happy Specific Plan" (SP 2000-043, Amendment No. 1) under Resolution 2002-58 on April 16, 2002, and that there are no changed circumstances, conditions, or new information which would trigger the preparation of a subsequent Environmental Assessment pursuant to Public Resources Code 21166. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval to justify a recommendation for approval of said Sign Program: 1 . That the proposed Sign Program is consistent with the goals and policies of the La Quinta General Plan in that the property is designated Community Commercial which allows the uses and associated signs proposed for the properties. A:\CC RESO Sign Program 2002-629.wpd Resolution 2002- Sign Program 2002-629 Madison/P.M.T. La Quinta, L. L C. Adopted October 1, 2002 Page 2 2. That the proposed Sign Program is consistent with the La Quinta Zoning Code (Section 9.160.090) in that the property is designated Community Commercial with more than three planned signs for proposed for the properties. 3. That the proposed Sign Program is consistent with the La Quinta Zoning Code (Section 9.160.090 E) in that sign adjustments for additional area, additional number, alternative placements, and alternative sign types can be granted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That it does hereby approve of the above -described Sign Program request 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 1st day of October, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California A:\CC RESO Sign Program 2002-629.wpd Resolution 2002- Sign Program 2002-629 Madison/P.M.T. La Quinta, L. L C. Adopted October 1, 2002 Page 3 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California A:\CC RESO Sign Program 2002-629.wpd POINT HAPPY SIGN PROGRAM August 22, 2002 i;L ii2002 C�r This sign program has been prepared for Point Happy, located in the City of La Quinta, California. A site plan of the project is attached. This sign program contains provisions for type, size, location and design of all signs for this commercial center. The purpose of these criteria is to establish the sign standards necessary to insure coordinated proportional exposure for all tenants while maintaining integrated compatibility with the project's architectural design. The program is intended to allow each business room for creativity within limits of their storefront width. The attached figures illustrate special concepts, sign locations, letter styles and installation details that might be utilized. GENERAL CRITERIA 1. All signs and their installation must comply with all local building and electrical codes. 2. No exposed lamps shall be permitted except as listed herein. 3. All tenants must have sign installed prior to opening for business and must maintain one or more of the following signs: a. Individual metal Channel Letters with Plexiglas faces, interior illuminated. Recommended colors are: Red, Blue, Yellow and White or other color with Landlord/Developer approval. b. Individual back -lit "halo" letters. c. The detailed sign plans specific to each tenant and/or owner must be submitted and approved before issuance of a sign pen -nit. d. Company logos in a variety of forms, subject to the approval of the Developer. e. Lighted box with architectural elements snatching building design. f. Neon, neon tubing is penmitted, subject to approval of the Developer/Landlord and the City of La Quinta. 4. Upon removal of any sign by tenant, any damage to the sign band face will be repaired by tenant or by Landlord/Developer at tenant cost. 5. Detailed sign plan shall be submitted for each tenant or building consistent with this Sign Program. 6. Acceptable signage on doors and windows is as follows: a. Window signs: Any graphics applied to the glass of Pad or Shop buildings, unless otherwise noted with this Sign Program, shall not exceed 25% of window area and shall be subject to Landlord/Developer's total discretion and approval. Any window sign displaying hours of operation, credit cards accepted, and other such items shall not exceed a cumulative square footage of two (2) square. b. Illuminated signs are pennitted with the express written approval of the Landlord/Developer when in compliance with City regulations. c. Numbers identifying the address of the premises. d. A sign listing the store business hours. e. A sign or signs displaying the credit card(s) accepted by the merchant. f. All signs must be prepared in a professional manner. g. Signs may not be hand lettered or scripted presenting an unprofessional appearance. 7. All signing shall be of materials compatible with exterior building colors, materials, finishes, and of a high quality of fabrication. 8. Except as noted in this Sign Program, no signing is pennitted which does not directly relate to the primary service or function of the tenant's activity. 9. All signs shall be kept in a "like new" condition. On notice by the Landlord/Developer, a tenant will be required to refurbish any signing which does not qualify as being an acceptable standard. 10. All signs and installation of signs will conform to the appropriate building and electrical codes and bear the U.L. Label. 11. Electrical service to tenant signs shall be the responsibility of each tenant. 12. Exceptions to these criteria must receive written approval. J.yl� PA 13. Wording of signs shall not include the product sold except as part of Tenant's trade name or insignia. No slogans or catchphrases are pennitted as storefront signage. 14. Storefront signs may only list the Tenant's naive as shown on his/her lease. No product names are permitted. 15. Tenants are encouraged to have signs designed as an integral part of the storefront design with letter size and location appropriately scaled and proportioned to the overall storefront design. The design of all signs, including style and placement of lettering, size, color, material and method of illumination, shall be subject to prior approval of the Landlord/Developer. 16. Service door sign: If a Tenant has a non -customer service door for receiving merchandise, Tenant may have uniformly applied on said door in a location as directed by the Landlord/Developer, in 2" high block letters, Tenant's name, address and suite number. Where more than one tenant use the same door, each naive and address may be indicated. SPECIFICATIONS FOR TENANT SIGNS Individual Illuminated Letters: 1. Individual illu ninated letters will be channel metal letters or reverse backlit "halo" letters. 2. Neon, neon tubing (exposed/non-exposed) is pennitted subject to the approval of the Landlord/Developer and the City of La Quinta. 3. Letter faces will be Plexiglas with a V white Trim Cap molding for securing the Plexiglas face to the metal channel letter. 4. Illumination of the letters will be with neon tubing or low voltage lamps mounted inside or behind the letter. The letters are to be mounted onto the building face. A metal raceway that will accommodate the wiring and the transfonners required for the illumination of the letters shall be mounted on the inside of walls. Awning Signs: In some instances an awning may be used as signage. Copy will be centered on the front of the awning occupying only 70% of lineal width. Monument Signs: Previously approved by the City of La Quinta under S.A. 2002-610. 3 Letter Sizes: 1. In -Line shops: Tenant signs may be a maximum letter height of 16" but no less than 9" if one line of copy is to be used. 2. Freestanding Pads: Tenant signs may be a maximum letter height of 16" but no less than 9" if one line of copy is to be used. These height limitations apply to Highway 111 and Washington Street frontages. For buildings located on Parcels 8-12 lettering height is subject to Landlord/Developer and City of La Quinta approval. (Please see attached figure). 3. In -line shops and Freestanding Pads: In the event of the double line signage being necessary, total height to be 25" top to bottom, or 10" character height, double line. 4. Sign length not to exceed 80% of Leasehold width on both in -line and freestanding pad's shops and/or 50 square feet in maximum size. Letter Styles and Configurations: Letter styles are subject to Landlord/Developer and City of La Quinta approval. Under Canopy Signs: 1. Under canopy signs are to be 12 inches high by 36 inches long double faced sandblasted signs. 2. These under canopy signs are to be hung in the breezeway in front of the store entrance. 3. Various colors are allowed subject to their compatibility with the building colors. All colors are subject to Landlord/Developer approval. TEMPORARY SIGNAGE Banners and temporary signs may be pennitted for a limited time to announce the Grand Opening of a business, special promotions, sales, and outdoor exhibitions or perforn-iances on the premises are subject to the following: 1. 32 square feet maximum in total size. 2. Banners must be attached to buildings, and are pennitted for no more than 30 days per calendar year. 3. No signs or posters may be placed outside the demised or leased line of the premises. 4. Advertising banners attached to the outside of the store area are not pennitted without express written permission by the Landlord/Developer and the City. 4 5. Banners located within the store must be silk-screened or professionally printed. Handmade painted banners, paper, cardboard, stenciled, or hand -lettered banners will not be allowed. No banners shall be used without the prior approval of the Landlord/Developer. 6. New tenants, or existing tenants undergoing a significant remodel will be permitted to announce their store and opening with graphics painted on their temporary construction walls, or a temporary hanging banner. 7. Tenants are encouraged to have unique and graphic signs. Verbiage will be limited to the naive of the store and the opening date. Special opening promotions will be allowed as a minor graphic solution on the temporary wall. a. Store Name and Opening Date Maximum letter height: Capitals - 18" Lower case - 12" b. Special Opening Promotions Maximum letter height: Capitals - 8' Lower case - 6" NON -CONFORMING SIGNS 1. No sign shall be allowed to project over the roofline. 2. Animated, flashing or audible signs shall not be pennitted. 3. Portable signs, including vehicle signs, human signs, sidewalk signs (with the exception of approved menu boards), shall not be pennitted. 4. Signs painted directly on the building shall not be permitted. 5. Signs constituting a traffic hazard, imitating in size, color, lettering or design any traffic sign, shall not be permitted. 6. Immoral or unlawful advertising shall not be pennitted. 7. Sign not related to the premises upon which said sign is located shall not be permitted. CONSTRUCTION REQUIREMENTS 1. Labels or other identification will be applied in an inconspicuous location. 2. 3/16" drain holes required at the bottom of each cabinet for proper drainage. 5 �`J ENFORCEMENT The design of all signs in the complex shall conform to this Sign Program. Sign plans shall be prepared by a licensed and insured sign contractor. Sign plans for all signs, shall be submitted to the Landlord/Developer for approval prior to submitting to the City application for a sign pen -nit. Only signs approved by the Landlord/Developer shall be submitted for approval to the City of La Quinta. The Community Development Director may approve signs for the City of La Quinta. All signs shall be subject to the Landlord/Developer's discretionary approval, architecturally compatible and in conformance to applicable governmental requirements. Send sign drawings to the following for approval: L. Richard Wilkerson Madison/PTM La Quinta, LLC 71361 San Gorgonio.Road Rancho Mirage, CA 92270 INSTALLATION 1. Tenant's sign contractor shall completely install and connect sign display and primary wiring at sign location approved by Landlord/Developer. 2. Landlord/Developer reserves the right to hire an independent electrical engineer (at tenant's sole expense) to inspect the installation of all tenant's signs and to require the tenant to have any discrepancies and/or code violations corrected at the tenant's expense. MISCELLANEOUS This sign Program shall not expire and shall remain in continuous force and effect. As used herein, the tenn "Landlord/Developer" shall mean Madison/PTM La Quinta, LLC, or its successors -in -interest, or any manager so designated by the Declaration. 6 ATTACHMENT #1 Planning Commission Minutes September 24, 2002 A. Specific Plan Amendment 2000-043 Amendment #2 and Sign Application 2002-629: a request of Madison/P.T.M La Quinta, L.L.C. for consideration of a request to delete the Sign Program provisions from the Specific Plan for Point Happy Commercial Center and review of a Sign Program for Point Happy Commercial Center for the property located at the northwest corner of Washington Street and Highway 1 1 1 . 1 . Chairman Butler opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Robbins asked why there were conditions for this project that do not mention the sign program. Staff explained that when a Specific Plan is brought back before the Commission all conditions are subject to review ` by - the Commission. Commissioner Robbins asked why there was a difference between the staff report and specific plan in regard to who would be approving signs. Staff stated _ the sign program before the Commission will be approved by the Planning Commission. Any modifications to this program would be approved by the Planning Commission. Individual building signs as currently contained in the Specific Plan can be approved by the Community Development Director. 3 Commissioner Tyler asked if the purpose of the Specific Plan is to authorize deviations from the Zoning Code. At the moment the Specific Plan has a reference to a sign program, so if the sign program is deleted from the specific plan the Commission then has the authority to grant changes that are no longer in the Specific Plan. Staff stated the Specific Plan does identify sign types that are not allowed by the Zoning Code. Standards and specifications, the size of the sign, type of letters, where they are to be mounted, are in the sign program. By adopting the Specific Plan the Commission is authorizing the specific sign types and their configuration is contained in the sign program. The text for the provisions of a sign program is being removed, but the specifications are staying in. 4. Commissioner Kirk asked if neon tubing was allowed in the City. Staff stated not under the Zoning Code, that is why it is included in the Specific Plan. Commissioner Kirk asked how would it be G:\WPDOCS\PC Minutes\9-24-02.wpd 2 Planning Commission Minutes September 24, 2002 determined whether or not neon would be allowed. Staff stated the sign program would identify how the sign would be mounted, the size, color and type of the letters are in the sign program, not the Specific Plan. Commissioner Kirk asked why neon tubing was not allowed in the City. Staff stated it was too flashy, bright and with the current technology it can be toned down and more acceptable to the City. 5. Chairman Butler asked if the applicant would like to address the Commission. Mr. Rick Wilkerson, representing the development, stated he was available to answer questions. 6. Commissioner Tyler stated there currently are two monument signs, and asked if the blank monument signs would have the signs of future tenants. Mr. Wilkerson stated the one at the corner of Highway 1 1 1 and Washington Street is specifically for "Point Happy" only. Their 'Specific Plan allows them two tenant signs with three signs on each monument at the entrance off Washington Street and the right in/out entrance by the Falls Steakhouse. 7. There being no further questions of the applicant and no other public comment, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 8. Commissioner Tyler noted some corrections in the sign program and asked who would be monitoring the temporary banners, etc. Staff stated temporary signs would still require the applicant to apply for a use permit. The developer is wanting to have preapproval of the signs before submitting them to the City for approval. Commissioner Tyler asked about the signage control inside the store. 9. Commissioner Kirk asked if the developer was trying to regulate every sign inside the store. Mr. Wilkerson stated they want strict control on any signs. Discussion followed as to the type of signs that would be regulated. 10. There being no discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 2002-090 recommending approval of Point Happy Specific Plan Amendment #2, as recommended. r G:\WPDOCS\PC Minutes\9-24-02.wpd 3 Planning Commission Minutes September 24, 2002 ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. 11. There being no discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning .,Commission Resolution 2002-091 recommending approval of the Point Happy Sign Program 2002-629, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. B. Environmental Assessment 2001-41 1 Revised, Specific Plan 2001-051 Amendment #1, and Village Use Permit 2001-007 Amendment #1: a request of Cameo Homes and Landaq, Inc. for certification of a Revised Environmental Assessment, an Amendment to the Specific Plan design guidelines for a mixed land use development on 33 + acres including detachment of 12.72 acres for a future public school, and review of architectural a4landscaping plans for a 200-unit apartment complex and two commercial pa sin multiple story buildings on 12 acres located on the east side of Eise ower Drive, north of Calle Tampico and west of Avenida Bermudas. 1. Chairman Butler opene ` the public hearing and asked for the staff report. Community DevClppment Director Jerry Herman presented the information contained in'the staff report, a copy of which is on file in the Community Devel6i7ent Department. 2. There being no questions of staff,, Chairman Butler asked if the applicant would like to address the Commission. Mr. Victor Mahoney, representing Cameo Homes, gave a description of the project. 3. Commissioner Kirk asked the applicant about the view of the project from the street. Mr. Mahoney explained and discussion followed as to what would be seen from the street. Mr. Manny Gonzalez, architect for the project gave a further explanation of the project. 4. Commissioner Tyler asked the grade differential from the street to the project. Mr. Mahoney stated it was two feet at the entrance. f - G:\WPDOCS\PC Minutes\9-24-02.wpd 4 ATTACHMENT #3 z W z� bCOP �o Z 5 a Q J 4.. O T I ------ - ----- z 7- J" m t F- U C/) § § �� \ - !l §f �Ile W CL�||�. �o )•! ��! � � !!! of Lu » w ; _ 3 \/ /155 = z-•a z< c.6 // � f2§§§ . ® |!, zg / c/ 22 ) g o ( ; �\ / /{ Li . �| 7 Q \ & 33