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2002 12 03 CCegrf 4 4 adja City Council Agendas are available on the City's web page @www.la-quinta.org City Council Agenda CITY COUNCIL CHAMBER 78-495 Calle Tampico - La Quinta, California 92253 Regular Meeting Tuesday, December 3, 2002 - 2:00 p.m. Beginning Res. No. 2002-155 Ord. No. 380 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 (3) minutes. Please watch the timing device on the podium. III. CLOSED SESSION - None NOTE: Time permitting, the City Council may conduct Closed Session discussions during the dinner recess. Additionally, persons identified as negotiating parties, do not attend the closed session when the City is considering acquisition of real property. 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 (3) minutes. City Council Agenda Page 1 December 3, 2002 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. CONFIRMATION OF ELECTION RESULTS AND SWEARING IN CEREMONY CONSIDERATION OF ADOPTION OF A RESOLUTION RECITING THE FACTS OF THE NOVEMBER 5, 2002, GENERAL MUNICIPAL ELECTION, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW. A. RESOLUTION ACTION 2. ADMINISTRATION OF THE OATH OF OFFICE. Vill. PRESENTATIONS IX. WRITTEN CORRESPONDENCE 1 . LETTER FROM SUNLINE TRANSIT TO NAME A BUS SHELTER IN HONOR OF MAYOR JOHN PEIVA. X. APPROVAL OF MINUTES APPROVAL OF MINUTES OF NOVEMBER 19, 2002. XI. 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. APPROVAL OF DEMAND REGISTER DATED DECEMBER 3, 2002. 2. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY. 3. APPROVAL TO DISPOSE OF SURPLUS CONSTRUCTION IMPROVEMENT FUNDS FOR ASSESSMENT DISTRICT 97-1 (LA QUINTA NORTE). 4. ADOPTION OF A RESOLUTION ACCEPTING A CASH DONATION FROM RUTAN AND TUCKER FOR THE EMPLOYEE RECOGNITION BANQUET. 5. ADOPTION OF A RESOLUTION ACCEPTING A CASH DONATION FROM NICKERSON AND ASSOCIATES FOR THE EMPLOYEE RECOGNITION BANQUET. City Council Agenda Page 2 December 3, 2002 6. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR THE EISENHOWER DRIVE MEDIAN ISLAND AND MEDIAN ISLAND LANDSCAPING IMPROVEMENTS, PROJECT NO. 2001-02A. 7. ADOPTION OF A RESOLUTION DECLARING THE CITY COUNCIL'S INTENT TO VACATE A PORTION OF CALLE TAMPICO NEAR AVENIDA NAVARRO. 8. APPROVAL OF AN ASSIGNMENT AND ASSUMPTION AGREEMENT TO SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 29147-2, KSL LAND CORPORATION. 9. APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 29457-3, RANCHO LA QUINTA, T.D. DESERT DEVELOPMENT CORPORATION. 10. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF AN AMENDED FINAL MAP FOR TRACT 29894-2, THE HIDEAWAY, PREVIOUSLY KNOWN AS COUNTRY CLUB OF THE DESERT. 1 1 . ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM KSL DESERT RESORTS FOR THE EMPLOYEE RECOGNITION BANQUET. 12. ADOPTION OF A RESOLUTION DECLARING THE CITY COUNCIL'S INTENT TO VACATE PORTIONS OF MADISON STREET BETWEEN AVENUE 58 AND AVENUE 60, RESERVING ALL THE NECESSARY EASEMENTS FOR THE EXISTING UTILITIES. 13. ADOPTION OF A RESOLUTION ACCEPTING A CASH DONATION FROM ROSENOW SPEVACEK GROUP, INC., FOR THE EMPLOYEE RECOGNITION BANQUET. XII. BUSINESS SESSION CONSIDERATION OF CITY COUNCIL REORGANIZATION, SELECTION OF MAYOR PRO TEM TO SERVE A TERM AS PROVIDED BY RESOLUTION NO. 98-109. A. MINUTE ORDER ACTION 2. CONSIDERATION OF FILLING CITY COUNCIL VACANCY BY APPOINTMENT OR BY CALLING A SPECIAL ELECTION. A. RESOLUTION AND/OR MINUTE ORDER ACTION. 3. CONSIDERATION OF AN APPOINTMENT TO THE COACHELLA VALLEY ECONOMIC PARTNERSHIP EXECUTIVE BOARD. A. MINUTE ORDER ACTION 4. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 379 ADDING CHAPTER 1.09 TO TITLE 1 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO ADMINISTRATIVE CITATIONS. A. ADOPT ORDINANCE NO. 379 ON SECOND READING. City Council Agenda Page 3 December 3, 2002 XIII. STUDY SESSION - None XIV. REPORTS AND INFORMATIONAL ITEMS 1. CITY COUNCIL AD HOC COMMITTEE REPORTS. 2. CVAG COMMITTEE REPORTS 3. CHAMBER OF COMMERCE WORKSHOP/INFORMATION COMMITTEE (PERKINS) 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. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 14. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) 15. COMMUNITY SERVICES COMMISSION MINUTES OF OCTOBER 14, 2002. XV. DEPARTMENT REPORTS 1 . CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY 5. COMMUNITY DEVELOPMENT 6. COMMUNITY SERVICES 7. FINANCE DIRECTOR 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER 9. POLICE CHIEF 10. FIRE CHIEF XVI. MAYOR AND COUNCIL MEMBERS' ITEMS RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. XVII. 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. XVIII. PRESENTATIONS City Council Agenda Page 4 December 3, 2002 1 XIX. PUBLIC HEARINGS - None XX. ADJOURNMENT Adjourn to a regularly scheduled City Council Meeting to be held December 17, 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. 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, December 3, 2002, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on bulletin boards at the La Quinta Chamber of Commerce, 78-371 Highway 1 1 1, and at Stater Bros. 78-630 Highway 1 1 1 on Wednesday, November 27, 2002. DATED: November 27, 2002 JUNE S. GREEK, 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 11) 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 5 December 3, 2002 r c&t,, 4 a(P Q" COUNCIL/RDA MEETING DATE: December 3, 2002 ITEM TITLE: Consideration of Adoption of a Resolution Reciting the Facts of the November 5, 2002 General Municipal Election, Declaring the Results and Such Other Matters as Provided by Law RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution reciting the facts of the November 5, 2002 General Municipal Election, declaring the results and such other matters as provided by law. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Elections Code of the State of California requires a Resolution be adopted by the City Council which sets forth the results of the General Municipal Election held on November 5, 2002 and declares the results of the election canvass completed by the Riverside County Registrar of Voters. The Certificate of the Registrar of Voters to the Results of the Canvass of Election Returns is attached as Exhibit A to the Resolution. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution reciting the facts of the November 5, 2002 General Municipal Election, declaring the results and such other matters as provided by law; or 2. Do not adopt a Resolution reciting the facts of the November 5, 2002 General Municipal Election, declaring the results and such other matters as provided by law; or 3. Provide staff with alternative direction. Respectfully submitted, n June S. Greek, CM City Clerk Approved for submission by: Thomas P. Genovese, City Manager RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON THE 5T" DAY OF NOVEMBER, 2002, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of La Quinta, California, on Tuesday, November 5, 2002, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; candidates were nominated to fill the vacancy or vacancies as provided by law; the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the laws of the State of California relating to General Law cities and the Charter of the City of La Quinta; and WHEREAS, the Riverside County Registrar of Voters canvassed the returns of the election and has certified the results to the City of La Quinta, and said results are received, attached and made a part hereof as Exhibit "A"; and WHEREAS, said General Municipal Election was held for the purpose of electing the following officers of said City as required by the laws relating to cities in the State of California, to wit: One (1) Mayor of the City Council of said City for the full term of two years; Two (2) Members of the City Council of said City for the full term of four years; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the names of persons voted for at said election for Mayor of the City Council of said City are as follows: DON ADOLPH STANLEY SNIFF Resolution No. 2002- Results of Election of November 5, 2002 Adopted: December 3, 2002 Page 2 SECTION 2. That the names of persons voted for at said election for Members of the City Council of said City are as follows: TERRY B. HENDERSON LOREN L. MC GUIRE RON PERKINS ROBERT (BOB) ALCALA SECTION 3. The City Council does declare and determine that Don Adolph was elected as Mayor for the full term of two (2) years; and Terry Henderson and Ron Perkins were elected as Members of the City Council for the full term of four (4) years. SECTION 4. That the City Clerk shall immediately make and deliver to each of the persons so elected, a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected, the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held this 3rd day of December, 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PEI A, Mayor City of La Quinta, California C_7 P4 Resolution No. 2002- Results of Election of November 5, 2002 Adopted: December 3, 2002 Page 3 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California (, 1. ;'j NOV-25-2002 MON 03.43 PM FAX NO, P, Q2 r a t a .., o 2724 Gateway Drive 7 , Riverside, CA 92507-0918 MISGHELLETOWNSEND M4Yv, �4 (909)486-7200 Registrar of Voters FAX (909) 486-7272 REGISTRAR OF VOTERS COUNTY OF RIVERSIDE November 22, 2002 June Greek, City Clerk City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Ms. Greek: Enclosed is Our certificate to the official canvass of election returns for your General Municipal Election and for Municipal Measure "M" held on November 5, 2002, as part of the Consolidated General Election. The Certificate of Election forms were given to you at the seminar held in June. An invoice for the cost of the election will be mailed at a later date. Please let me know if 1 can be of further assistance. Sincerely, MISCHELLE WNSEND Registrar of oters Enclosures NOV-25-2002 MON 03:44 PM FAX NO, P, 03 MISCHELLE TOWNSEND Rcgistr3r of Voters REGISTRAR OF VOTERS COUNTY OF RIVERSIDE 2724 Gateway Drive Riverside, CA 92507-0918 (909) 486-7200 VAX (909) 486-7272 CERTIFICATE OF REGISTRAR OF VOTERS TO THE RESULTS OF THE CANVASS OF ELECTION RETURNS State of California ) ) ss. County of Riverside ) 1, MISCHELLE TOWNSEND, Registrar of Voters of said County, do hereby certify that, in pursuance of the provisions of Sections 307,15301, and 15372 of the California Elections Code, and the resolution adopted by the City Council, I did canvass the returns of the vote cast on November 5, 2002, as part of the Consolidated General Election in the CITY OF LA QUINTA AND MEASURE `°M„ and I further certify that the statement of votes cast, to which this certificate is attached, shows the whole number of votes cast for each candidate for elective office, and for and against Measure "M" submitted to a vote of the voters, at said election in said City and in each precinct therein, and that the totals as shown for each candidate and for or against said measure are full, true, and correct. Dated this 22nd day of November 2002 , MISCHELLE OWNSEND Registrar of Voters NOV-25-2002 MON 03:44 PM FAX NO, P. 04 11R1l02 8:20 AM RIVERSIDE COUNTY Statement of Vote 693 of "2 November S. 2002 GENERAL 2002 NOV-25-2002 MON 03:45 PM FAX N0, P, 05 11l21 M2 8:20 AM NOYenlber 5, 202 -send TODIS 100055 rSWWU#im Pismo, i A,@.* bktnd i M,.Mbb' District .Sopw,4,, W DisVic+ or La puinta 1 U .. RIVERSIDE COUNTY Statement of Vote GENERAL 2002 Z. V � O X a M K r !c fe y +«+... — ' tnsu$kWnt Turnout tc NOV-25-2002 MON 03:45 PM FAX NO, P. 06 11/21/02 3:20 AM November 5, 2002 RIVERSIDE COUNTY Statement of Vote GENERAL 2002 695 m 96z -Absentee Totals 100055 CITY OF LA QUINTA OFFICM J Q = d W a V _ u x o s s s i cr co 1-0-� i2T0 2654 20AH 1741 765 7 1 i15 13Ti A41 3 COUNTY 458lGonHr�ior�lpieb'id 12709 2454 20.88 1741 755 7 1340 T15 137i 961 3 371h B..8 OliNl �IORkI 12704 2854 20.59 7741 75r 7 13u 71 1371 4'!1 9 6M S"WICAul DiSWC1 5 0 0.00 0 0 0 0 0 0 0 0 64th A..nbly DMbid 0 12709 0 2664 0.00 20.88 1741 0 7 0 7 1340 71 1171 981 3 8f1<h Aawmbly Dny{q 401 � Cispk� 12709 2654 20,00 1741 155 7 1w 715 1311 481 9 cm,oiLe Ouinhi _12707 265{ 20.88 1741 755 7 1340 715 1971 9B1 3 NOV-25-2002 MON 03:46 PM FAX NO, P, 07 tlniroz s:az AM RIVERSIDE COUNTY Statement of Vote 933 of 962 µowmberS.2002 GENERAL 2002 NOV-25-2002 MON 03:46 PM FAX NO, ttmmz a:az AM RIVERSIDE COUNTY Statement Of Vote 934 of 962 Nvvembar $. 2= GENERAL 2002 .y NOV-25-2002 MON 03:40 PM F RX NO, RIVERSIDE COUNTY Statement Of Vote 935 °T 962 w21102 s:az AM GENERAL 2D42 W n..mnbar 5. 200Z C 1 1 WRITTEN CORRESPONDENCE ITEM: MEMEitKS Desert Hot Springs Rancho Mirage Indio Palm Springs Palm Desert Coachella Cathedral City Indian Wells Riverside County TRANSIT AGENCY La Quinta A Public Agency November 26, 2002 Mr. Tom Genovese La Quinta City Manager PO Box 1504 La Quinta CA 92253 Dear �novese: UU i.uE, J26�2 D To acknowledge Mayor John Pena's retirement from public office and particularly for serving on SunLine Transit Agency's Board since 1986, we would like to name a SunBus shelter in his honor as a way to publicly display our appreciation. After a SunLine staff review of all the bus shelters located in La Quinta, it was recommended that shelter #82, a City -owned shelter, was most appropriate. The shelter is located on the north side of Hwy. 111 just west of Washington in front of Tarbell Realtors at the new Point Happy development. The simple, engraved plaque is approximately 7 x 10 and reads: "John's Stop, Honoring John Pena, Mayor of La Quinta along with the SunLine Transit Agency logo, Boardmember, Chair & Vice Chair, 1986-2002, In cooperation with the City of La Quinta." A sample mock up is attached. Our next Board Meeting is Wednesday, Dec. 4 and we would like to be able to present Mayor Pena with a framed enlarged photograph of actual plaque installed at this shelter. We apologize for the delay in this request to the City Council. Thank you for your consideration. SU LINE TRANSIT AGENCY LINE Cromwell, III CEO/General Manager Attachment n l 32-505 Harry Oliver Trail, Thousand Palms, CA 92276 Ph 760. 343 3456 Fax 760. 343.3845 www.. sunllne. org JOHN I S STOP Honoring John Pena Mayor of La Quinta Chairperson Vice—Chairperson 1986 2002 In Cooperation with the City of La Quinta TT IJob Name: C:\XFILES\X0T\SUNLINE2 X0T T,ihf 4 4 Q" COUNCIL/RDA MEETING DATE: DECEMBER 3, 2002 ITEM TITLE: Demand Register Dated December 3, 2002 RECOMMENDATION: Approve Demand Register Dated December 3, 2002 BACKGROUND: Prepaid Warrants: 51744 - 517521 7,354.12 51753 - 517951 239,500.65 Wire Transfers} 187,764.03 P/R 9878 - 99551 115,562.54 P/R Tax Transfers} 32,385.05 Payable Warrants: 51796 - 519341 1,810,920.36 $2,393,486.75 FISCAL IMPLICATIONS Demand of Cash -City $2,222,986.75 Demand of Cash -RDA $170,500.00 John Iv1. F91coner, Finance Director y1 tic AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING CITY OF LA QUINTA BANK TRANSACTIONS 11/13/02 - 11/26/02 11/22/02 WIRE TRANSFER - DEFERRED COMP $9,860.58 11/22/02 WIRE TRANSFER - PERS $11,211.45 11/22/02 WIRE TRANSFER - CREDIT UNION $5,792.00 11/20/02 WIRE TRANSFER - RDA RSCROW $81,900.00 11/25/02 WIRE TRANSFER - RDA RSCROW $79,000.00 TOTAL WIRE TRANSFERS OUT $187,764.03 002 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 3:02PM 11/26/02 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.*** 51796 11/26/02 &01872 ECONO CRETE PALM DESERT 50.00 51797 11/26/02 &01873 MC CONNELL CABINETS 50.00 51798 11/26/02 &01874 LARRY D SHERMAN 24.00 51799 11/26/02 &01875 STACY ESPINOZA 300.00 51800 11/26/02 &01876 MELODY FLEMING 45.00 51801 11/26/02 &01877 NORM HANSEN 45.00 51802 11/26/02 &01878 PARIS JACKSON 175.00 51803 11/26/02 &01879 RICHARD NELSON 35.00 51804 11/26/02 &01880 ROSEMARY ORTEGA 50.00 51805 11/26/02 &01881 M J RYAN 20.00 51806 11/26/02 ABD100 LORI ABDELNOUR 5000.00 51807 11/26/02 ACE010 ACE HARDWARE 353.66 51808 11/26/02 ACT100 ACT GIS INC 4275.00 51809 11/26/02 AME175 AMERICAN FORENSIC NURSES 63.00 51810 11/26/02 AME200 AMERIPRIDE UNIFORM SVCS 164.91 51811 11/26/02 ARC100 ARCH 743.20 51812 11/26/02 ATC010 ATCO INTERNATIONAL 256.00 51813 11/26/02 ATT040 AT&T WIRELESS DATA SVC 49.00 51814 11/26/02 BER150 BERRYMAN & HENIGAR INC 600.00 51815 11/26/02 BES100 BEST BUY CO INC HRS USE 323.20 51816 11/26/02 BI0100 BIO TOX 294.41 51817 11/26/02 BRD100 B R DETAIL 68.00 51818 11/26/02 BRI100 BRINKS INC 300.00 51819 11/26/02 CAD010 CADET UNIFORM SUPPLY 225.23 51820 11/26/02 CAL016 CA ASSEMBLY OF LOCAL ARTS 75.00 51821 11/26/02 CAL060 CALIF STREET MAINTENANCE 5068.56 51822 11/26/02 CAL240 CALIFORNIA POOLS & SPAS 321.00 51823 11/26/02 CAL247 CALIFORNIA REBUILD 500.00 51824 11/26/02 CAP050 ROSMARY CAPUTO 164.50 51825 11/26/02 CAR005 CARLOS CARBAJAL 4500.00 51826 11/26/02 CAR070 CARDIFF LIMOUSINE INC 1236.00 51827 11/26/02 CAR300 CARQUEST 370.54 51828 11/26/02 CDW050 CDW GOVERNMENT INC 68.35 51829 11/26/02 CEL010 CELSOC 413.61 51830 11/26/02 CEN010 CENTURY FORMS INC 129.68 51831 11/26/02 CHE050 CHECKMATE EXCHANGE 171.71 51832 11/26/02 CIT025 CITICORP VENDOR FINANCE 148.75 51833 11/26/02 COA025 COACHELLA VALLEY ICBO 50.00 51834 11/26/02 COM035 COMMERCIAL CLEANING 317.70 51835 11/26/02 CON005 CONEXTIONS 535.29 51836 11/26/02 COR150 CORPORATE EXPRESS 178.52 51837 11/26/02 CVA010 C V A G 2684.69 51838 11/26/02 DAL050 DALCO SCREEN PRINTING 2099.97 51839 11/26/02 DEE100 TERRY DEERINGER 45.50 51840 11/26/02 DEM150 LOUIS DE MARTINO 10483.00 51841 11/26/02 DES018 DESERT ELECTRIC SUPPLY 687.97 51842 11/26/02 DES019 DESERT FIRE EXTINGUISHER 115.00 003 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF 3:02PM 11/26/02 PAGE 2 CHECK CHECK VENDOR NUMBER DATE NO. NAME PAYMENT AMOUNT 51843 11/26/02 DESO47 DESERT PHOTO LAB/STUDIO 62.52 51844 11/26/02 DES060 DESERT SUN PUBLISHING CO 510.08 51845 11/26/02 DES065 DESERT TEMPS INC 3964.32 51846 11/26/02 DJC100 THE DJ CLUB 200.00 51847 11/26/02 DLO100 DLO ENTERPRISES INC DBA 216.00 51848 11/26/02 EIS010 EISENHOWER IMMEDIATE CARE 30.00 51849 11/26/02 ENR100 ENRG FUEL USA INC 42.84 51850 11/26/02 EVA050 DAVID EVANS & ASSOC INC 22901.72 51851 11/26/02 EXP200 EXPRESS DETAIL 865.00 51852 11/26/02 GAR005 GARNER IMPLEMENT CO 216.85 51853 11/26/02 GE0010 GEORGE'S GOODYEAR 576.25 51854 11/26/02 GOM100 LINDA GOMES 73.50 51855 11/26/02 GUM050 BRAD GUMMER 227.50 51856 11/26/02 HAR100 JOHN HARDCASTLE 195.20 51857 11/26/02 HIG010 HIGH TECH IRRIGATION INC 978.48 51858 11/26/02 HIL150 HILTON FARNKOPF & 2210.00 51859 11/26/02 HJH100 HJH CONSTRUCTION 22978.70 51860 11/26/02 HOA010 HUGH HOARD INC 765.23 51861 11/26/02 HOM030 HOME DEPOT 1511.51 51862 11/26/02 IAP050 IAPMO 150.00 51863 11/26/02 INT013 INTERNATIONAL CITY/COUNTY 982.00 51864 11/26/02 INT014 INTERNATIONAL COUNCIL OF 100.00 51865 11/26/02 JAC150 STEVEN JACOBS 276.50 51866 11/26/02 JPRO10 JP REPROGRAPHICS 767.11 51867 11/26/02 KIN100 KINER/GOODSELL ADVERTISNG 3000.00 51868 11/26/02 KRI100 BRUCE KRIBBS CONSTRUCTION 15765.00 51869 11/26/02 LAD100 PETER LADOCHY 19200.00 51870 11/26/02 LAQ066 LA QUINTA HS BAND BOOSTER 250.00 51871 11/26/02 LAQ077 LA QUINTA HS JUNIOR ROTC 250.00 51872 11/26/02 LAS005 LAS ADELITAS MARIACHI 2400.00 51873 11/26/02 L00010 LOCK SHOP INC 242.83 51874 11/26/02 LON015 LONG BEACH UNIFORM CO INC 1050.56 51875 11/26/02 LOW100 LOWE'S COMPANIES INC 77.45 51876 11/26/02 LUN030 NELS LUND 4352.00 51877 11/26/02 MAI100 MAIL BOXES ETC 71.96 51878 11/26/02 MAT100 MATICH CORPORATION 93144.93 51879 11/26/02 M00040 MOORE BUSINESS FORMS 1546.43 51880 11/26/02 M00095 MOORE MAINTENANCE & 4175.00 51881 11/26/02 NEX010 NEXTEL COMMUNICATIONS 76.36 51882 11/26/02 NIC101 NICKERSON & ASSOC INC 7400.00 51883 11/26/02 OFF005 OFFICE DEPOT INC 1210.77 51884 11/26/02 PAL010 PALM SPRINGS DESERT RESRT 111363.30 51885 11/26/02 PAR030 PARKHOUSE TIRE INC 2665.66 51886 11/26/02 PAR055 PARSANS CONSTRUCTION CO 88279.20 51887 11/26/02 PLA020 THE PLANNING CENTER 2646.81 51888 11/26/02 POW300 POWER PERSONNEL INC 4734.16 51889 11/26/02 PRI030 PRIMUS CONTRACTING GROUP 2000.00 51890 11/26/02 PRY050 FRED PRYOR SEMINARS 99.00 51891 11/26/02 RAL050 RALPHS GROCERY CO 18.16 l ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 3:02PM 11/26/02 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 51892 11/26/02 RAS020 RASA - ERIC NELSON 8402.00 51893 11/26/02 RAS035 CHARLOTTE RASHMI-GRAFF 868.00 51894 11/26/02 REG045 REGENTS OF U C 300.00 51895 11/26/02 RES007 RESORT PARKING SERV INC 1500.00 51896 11/26/02 RIV080 RIVERSIDE COUNTY HEALTH 2O10.00 51897 11/26/02 RIV100 RIVERSIDE COUNTY SHERIFFS 619717.84 51898 11/26/02 RIV101 RIV COUNTY SHERIFF/INDIO 3076.03 51899 11/26/02 ROB200 SCOTT ROBERTSON 73.50 51900 11/26/02 SIE075 SIERRA LANDSCAPE CO INC 337419.96 51901 11/26/02 SIL050 SILVA'S RADIATOR & AIR 230.40 51902 11/26/02 SIM040 SIMPLER LIFE EMERGENCY 137.55 51903 11/26/02 SMI150 MALCOLM SMITH MOTORSPORTS 2411.72 51904 11/26/02 SOU007 SOUTHWEST NETWORKS, INC 3542.50 51905 11/26/02 SOU033 SOUTHERN CAL ASSOC CODE 350.00 51906 11/26/02 STA045 STAN'S AUTO TECH 211.64 51907 11/26/02 STE003 M W STEELE GROUP INC 3424.02 51908 11/26/02 ST0040 CAM STONE'S AUTOMOTIVE 455.18 51909 11/26/02 STS100 LEONARD ST SAUVER 76.70 51910 11/26/02 STUO10 WILLIAM STUBBLEFIELD 252.00 51911 11/26/02 SUN075 SUNLINE TRANSIT AGENCY 505.75 51912 11/26/02 SWA040 SANDY SWAN 32863.13 51913 11/26/02 TDR100 TDRS INDUSTRIES 342.40 51914 11/26/02 TER010 TERRA -CAL CONST INC 241141.00 51915 11/26/02 TKDO10 T.K.D. ASSOCIATES INC 1397.76 51916 11/26/02 TOP010 TOPS'N BARRICADES INC 67.02 51917 11/26/02 TRIO10 TRI LAKE CONSULTANTS INC 32292.00 51918 11/26/02 TRI100 TRI STATE LAND SURVEYORS 13825.00 51919 11/26/02 TRU010 TRULY NOLEN INC 74.00 51920 11/26/02 UND010 UNDERGROUND SERVICE ALERT 65.00 51921 11/26/02 UNIO02 UNION BANK OF CALIFORNIA 16815.00 51922 11/26/02 VAL005 VALLEY ANIMAL CLINIC 200.00 51923 11/26/02 VAL020 VALLEY PLUMBING 419.32 51924 11/26/02 VAN085 DAVID J VAN NESS 450.00 51925 11/26/02 VIP100 V I PEOPLE INC 362.67 51926 11/26/02 WAL010 WAL MART COMMUNITY 69.74 51927 11/26/02 WAR025 WILLIAM WARE 11250.00 51928 11/26/02 WES020 WEST GROUP 178.87 51929 11/26/02 WIL015 DEBBIE WILLIAMS 168.00 51930 11/26/02 WIN010 WINSTON TIRES 226.83 51931 11/26/02 WLC100 WLC ARCHITECTS INC 1615.21 51932 11/26/02 WOR100 WORLDCOM 1160.00 51933 11/26/02 XER010 XEROX CORPORATION 259.55 51934 11/26/02 YES100 YES I CAN 17.23 CHECK TOTAL 1,810,920.36 t 005 z El H N M H N M a' N r c Ln N O H O z N \ ri U x U < N r-1 N .-1 El N H H N N z N z u7 N z cn N z N z (N N z ifl N z N H E N r-1 E < a a m F H F F F F F E. 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U m �o a a E-F o D: O a4 O a z O W 3 > H O Ln N H a a H o F a O ❑ z w > Ln a a W a w H H U FC P. W Ul a ❑ z 4 m r H a a F O E+ a O a H O U O U W F > u) H oo io H a a El O El 0 OZ .-+ O ❑ �4 W U > o El N N a a ElOi o El Q: O ❑ z W > O'r; H F H w x H w a \o N ,� h o a w n a co a W El U 0 U El a O W ❑ z z oZ W W > H H Cl w H a a F O E+ O ❑ z W > u) H a w 04 O u: W H a O rn Ln N a E.W 0 ElE+ O ❑ z W > a a lu x u) ❑ a U r a a I. O El E z w £ s a Elo+ 0 E+ 0 ❑ z w > ❑ H W W O > 1 H ❑ H ❑ > H W Cn z CD wap O o N H Ln O 0 O N Q O O 0 r O O O O ,-+ m Ol O O o O oD N H N to H M r l0 H oo H l0 H a W W I O E+ H `,L a z a. a P7 W p] fZ i O O �+ W CQ N Co N m O O O r Ln w O O O O O O O n l0 O O O O O O N O oD O O O z O ID v, M O H Ln r M V' rn .-+ l0 Ln O to rn O �o M O r M O r F 2 O O H In N M p r-i H ul rl M lD H O N O O O H O Ln O N r N O un M �n H N O N U U F( O O O O O O O Ln O Q' N O ui O H O r-1 M o o Ln p, V) w U El H z U U H co O H E+ a z H Wu £ W a n� r£� H .aa W a U E+ a W .14 7 2 > ID a O F S O U 3 W ElS O £ O O U a U >� Ot ❑ w a a w H w H H a a ❑ o x w H w U) a 4 0 > 3 a ❑ 3 3 � k >. E+ z O > O O i+ U El in coO CDf-1 z p RH+ O r-i O in N O < CD N O u) H O O rl O O O H o O r i o H O O O .-� 4 < U > > 0021 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:37AM 11/22/02 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.*** 51753 11/22/02 BOU100 MICHELE BOUDREAU 50.00 51754 11/22/02 BRO100 SHELDON BRODSKY 50.00 51755 11/22/02 CAL167 CALPERS LONG-TERM CARE 26.31 51756 11/22/02 CAL300 GARY CALHOUN 50.00 51757 11/22/02 CIT031 CITIZENS FOR MEASURE M 200.00 51758 11/22/02 COA080 COACHELLA VALLEY WATER 15423.64 51759 11/22/02 COA081 COACHELLA VALLEY WATER 225.50 51760 11/22/02 COM044 COMM TO ELECT RON PERKINS 200.00 51761 11/22/02 DAV010 MIKE DAVIS 50.00 51762 11/22/02 EMP040 EMPLOYMENT DEVELOPMENT 1481.00 51763 11/22/02 FIL100 GIA FILICE 50.00 51764 11/22/02 HEN050 TERRY HENDERSON 460.41 51765 11/22/02 IMPO10 IMPERIAL IRRIGATION DIST 900.00 51766 11/22/02 IMP011 IMPERIAL IRRIGATION DIST 75.43 51767 11/22/02 KRI100 BRUCE KRIBBS CONSTRUCTION 9120.00 51768 11/22/02 LAQ050 LA QUINTA CITY EMPLOYEES 689.91 51769 11/22/02 LEW010 TOM LEWIS 50.00 51770 11/22/02 LOU100 ELSE LOUDON 50.00 51771 11/22/02 MAH100 CYRILLE P MAHFOUD 50.00 51772 11/22/02 MAR006 MARRIOTT SHADOW RIDGE 364.92 51773 11/22/02 MCG100 THOMAS A MCGRAW 50.00 51774 11/22/02 MCG110 LOREN MC GUIRE 200.00 51775 11/22/02 MOR200 KURT MORTENSON 50.00 51776 11/22/02 NEX010 NEXTEL COMMUNICATIONS 1336.19 51777 11/22/02 OLA100 MILTON OLANDER 50.00 51778 11/22/02 OSBO50 LEE M OSBORNE CPA 50.00 51779 11/22/02 PET006 CASH/PETTY CASH 364.03 51780 11/22/02 PRE004 PRECISION WATERJET 7338.85 51781 11/22/02 QUI050 QUINN COMPANY 2481.10 51782 11/22/02 REY050 ELAINE REYNOLDS 50.00 51783 11/22/02 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 51784 11/22/02 R00001 ROOFING WHOLESALE CO, INC 56.57 51785 11/22/02 RUW001 R.U. WELDING 1600.00 51786 11/22/02 SAN065 SANTA ROSA DEL VALLE, INC 5246.27 51787 11/22/02 SIM020 JAMES E SIMON CO 186135.30 51788 11/22/02 SNIO10 STANLEY SNIFF 200.00 51789 11/22/02 STA044 DARREN STANLEY 62.50 51790 11/22/02 STJO10 VICTORIA ST JOHNS 50.00 51791 11/22/02 UN1O05 UNITED WAY OF THE DESERT 176.00 51792 11/22/02 USP010 U S POSTMASTER 1440.00 51793 11/22/02 VAL200 VALLEY PARTNERSHIP 94.00 51794 11/22/02 VER200 VERIZON 670.37 51795 11/22/02 WEL025 WELLS FARGO BANKCARD 1805.85 CHECK TOTAL 239,500.65 0022 o n n n n n n n n n n n n n n w w > O O 0 0 0 0 0 0 0 0 0 H y O C 3 > > > > > b > > > > H ti r O C O O H a p m O m O m O m O m O m O m O m O m O m C. w o rn o O p Ja H O O O O O O O O O H O J O O 3 n n n n n n n n n n n n C) n m 3 H O O O O O O O O O O O H > y x H x 3 > > >?>> H x r m n m 3 n n n n n n n n n n H K ro r x x x x x x x x x m x m m m p H m m m m m m m m m m m n ;v 0 r o r r r r r r r r r r z >cn z m c r r r r r r r r r r to r H m v> b ;v p W ° r O w w o 0 c c c c c c c c c c o n > > > > > z z C) d o H r r r r r r r r r r I cn z r r r r r r r r r r 3 1-3 x m ;d m m m m m m m m m m m m K > O K K K K K K K K K K > 3 C z co ro Y > > > > > n m H H H H -3 -3 H H H H m > x m m m m m m m m m m ro x ro ro x ro x x ro ro ro x a m H z m H H c H H H H H H H H H• H H H H H n > H n H n K O c c o z m r+7 H z b > H w H m CD 0 W p H O H o H O H O H o H O H o H 0 H o H O H CO H O H o H o H O H o H n n cn H C:)�o O Ln Ln cn cn W Ln in J Ln (.no N 0 N o O N "I H C,O CDcn C) N H N cn H C z H CD p to � H 01 O io w W W w w W W w W w w W w W w W w W � �p C 1 O N W C> O Ln C) O Z O p O W .A Cn N Ln W 61 61 Ln Ol m W Ol W N O O O O O O m m W m W N 0 O 0 0 O 0 W t. 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NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 07:53AM 11/15/02 PAGE 1 51744 11/14/02 ATT075 AT&T WIRELESS SERVICES 51745 11/14/02 COA080 COACHELLA VALLEY WATER 51746 11/14/02 DRIO05 DRIVER ALLIANT INS SVC 51747 11/14/02 GAS010 GASCARD INC 51748 11/14/02 IMPO10 IMPERIAL IRRIGATION DIST 51749 11/14/02 SOU010 SOUTHERN CALIF GAS CO 51750 11/14/02 SPRO10 SPRINT 51751 11/14/02 VER200 VERIZON 51752 11/14/02 VER210 VERIZON INTERNET SOLUTION CHECK TOTAL PAYMENT AMOUNT 56.58 1187.16 302.00 2442.82 1690.54 57.96 813.83 734.23 69.00 7,354.12 0028 z H N M C U1 "o r m D) O H N M v' Ln �o r m m N O F . 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O O: u. N D: W N DG W N z W N 0: w N D: w N a W N W. W N a W FC U < U U U 0 U (D H (n cn M > > > > > > > > 0029 z o a N N p� O H z N O Q' \ N x W F £ E CD a w w a CQ H H c Ln O O H m O z F w z N � o Ln �o r o a �a ri o N O Q c� rn o r En a co a KC w a O O O W El HUi Hi 0. > a El 4G O H n O W O > LZ ❑ z ❑ H cn z W W W W❑ O > Z > Ln H ❑ LU O N O W N m > 1 > U1 N H z H q z H £ O rn r O O H x a z a a m w w I 0 0 w F x o 0 w o 0 �p O O E zLnrn z o Qo z r N O O O rM n U U N a cD o 0 H un z O H H a a 0 m cn O O F Ln w LL z a a w I E' a z W F H CQ a a 0 0 w a 0 x a a > m z > E+ [u w z O > O O 0 o H OU H GZ < U > > I` a a H O F F z W E a w 0030 A/P - AP6002 CHECKS TO BE VOIDED 10:18AM 11/13/02 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE NUMBER ID DATE 51391 DEF 10/17/02 TOTAL VOIDED VENDOR VENDOR AMT. PAID NUMBER NAME 189.57 CLA100 CLASSROOM DIRECT 189.57 INVOICE DESCRIPTION SUPPLIES 0031 T4tvl 4 a 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 3, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Approval of the Declaration of Surplus PUBLIC HEARING: Property RECOMMENDATION: Approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to place the surplus equipment with an educational organization or discard the property by other legal means. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City has accumulated obsolete and non-functional property items over the last six months. The equipment has little or no market value. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to place the surplus equipment with an educational organization or discard the property by other legal means; or 2. Do not approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and do not authorize staff to place the surplus equipment with an educational organization or discard the property by other legal means; or 3. Provide Staff with alternative direction. Respectfully submitted, hn M. Falconer, Vinance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 : Declaration of Surplus Property F— Z a a J U- 0 H U N I, O LO N c0 O d N — (D 00 — (V) CY) 00 N (`') r- N N (D N u M (M L Z O F, O. fn fn fn fn fn fn to fn co U- fn _N N N N N y N •0 V y cn N Q � N Q fn Q fn Q !n Q fn Q N Q fn Q (n Q � N Q N Q fn Q fn Q fn Q !n Q fn Q fn Q � fn Q (n Q to Q O J m U � 2 C7 0) d N rn (0 M N N(Y) I n ('') N L ) Rt ('M — It 0)Z dt M (0 Cy) t (0 d• OO Lo d) �_ ItI- 00 J Q (It D 4 00 O O O O O IA 00 N O O LO d' (0 It (D (D N [t CO m Um U IctNNN N M M M d (n (n ti (n U (n (0 00 M a) Z) O ('M 00 N Z O L L L L L L L L L L L +1 4� 4� 4� 4� L L L L L L L L o 0 0 0 'c 'c 'c a 0 0 0 0 0 a a 0 0 c c c c c c c c L L L 0 0 0 0 v 0 0 0 0 0 0 0 0 0 0 cL cL a- cL a o- cL d W U U U U U U U U U U 0 W O O O 0 00 O J � 0) O _ O) LL CO�cnLnM� L 00000 O O O p 0 0 O J J J cn _0 (6 — _0 CO 0 O 0 O 0 O 0 O 00000 O 07 �� n- ) 0 O O O O W Y N N N N N — N > co co Q a� a� a> co +' m m 0_ N � N N N Q co co co co co CD p co > co m L L —) L } a) L Y (6 Co (o C6 ai a) a) a) a) a) /1L C7 0 U (n cn N L CD Na) a) a) a) ai N coo Coo fro coo J J J(n > J m N coo N C7 007 0 007 J = = C7 0 (D 11 C7 N O N a Z 5 d Q J LL O U C E EL .m c' W _O Q N F- Z co +, N _N _N •` Q 0 CCD E N N N N N N N N N N N N N N N N N N CDp COmQ U N as cN N aaaa N N N N as N (n aaaaaaa N N N N N N Za o LL 00 00 N 0 0') O N LO �- 0 O O o0 M (O 00 Z N 't M M - r� O M LO O M co Qr 0 dam' 0 M 0 00M�t - M cr� W�t O 0(0 00 r- 00 V) d-) N _ 2 N d U rn 00 N N O O N Z, cc _0(Mrnrn O N. L..► -0 _0 a CL c co -a_0-a c r a o 0 0 0 0 'c 0 'c 0 'c 0 0 0 0 0 0 o N N 4' � 0 0 c •c c c a s -0-0 .Q � o o .` 0 U U U c N O O O O O O O J J > > > N d 0 L..� Y Y Y Y c C C c d � O = O : LU MO — M LOW LO 0 J CL Q CL d LO - J � N 0 0000 (h -- O O O O O O 0 — N Q rn 0 O O O O +, ? O 0 — 07 Itt W Y N ? N N >• N >> N N >• O E 0 N m +� O Q Q N O co 3 N����� co co co co 0 m� N p U J X O co O to C LO co co co co co N co � a Q H Z 5 0 Q J 0 H U C O E W Is. A F_- V Z 0 a) Z Q Q Q Q Q 0 cn -0 0 0 U 0 Z Q O O W co Z 0 E m m d U � 0 O a Q W U Q O 0) J W 0 O E — O] C O +>� — W` = C p C= O p (D E U N O ` }U= O U p !E a-LL O o (n •O p N U - N C u) +' 0 Qcop m C > (a m R C: U." Titif 4 e4� Q" AGENDA CATEGORY: BUSINESS SESSION: 2 COUNCIL/RDA MEETING DATE: December 3, 2002 CONSENT CALENDAR: 3 ITEM TITLE STUDY SESSION: Approval to Dispose of Surplus PUBLIC HEARING: Construction Improvement Funds For Assessment District 97-1 (La Quinta Norte) RECOMMENDATION: Approve the disposition of surplus construction improvement funds for Assessment District 97-1 in accordance with the California Health and Safety Code and the Bond Indenture. FISCAL IMPLICATIONS: Assessment District 97-1 was formed to construct public improvement related to the Century Crowell Marbella Development. Funds in the amount of $60,828 remain in the improvement fund after the completion of the project and must be used in accordance with the California Health and Safety Code and the Bond Indenture. CHARTER CITY IMPLICATIONS: 10 rem BACKGROUND AND OVERVIEW: Century Crowell approached the City in 1998 to form an Assessment District covering lots in the Marbella Development in North La Quinta, generally located at the southeast intersection of Miles Avenue and Adams Street. All of the public improvements have been constructed and accepted by the City, leaving a total of $60,828 in excess construction money. California Health and Safety Code 10427 deals with the disposition of surplus funds. (Attachment 1). Section 10427 applies to this situation and states that any such surplus shall be used in such amounts as the legislative body may determine for one or more of the following purposes: (a) For transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of one thousand dollars ($1,000) or 5 percent of the total amount expended for the improvement fund; or (b) As a credit upon the assessment and any supplemental assessment in the manner provided in Section 10427.1; or (c) For the maintenance of the improvement. Staff is recommending application of Section 10427 (b) to dispose of the funds. In assessment district financing, the property owner has the ability to prepay their assessment or finance their assessment over the life of the bonds. If a credit is given upon the assessment and any supplemental assessment, as referenced in section (b) above, those who prepaid would receive a cash refund and those property owners who financed their assessment would receive a credit toward their future assessments as outlined in Attachment 2. The Assessment District contained 1 1 1 parcels, originally assessed at an average of $7,058 each, and will now receive either a cash refund or a credit of $548 each. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the disposition of surplus construction improvement funds for Assessment District 97-1 in accordance with the California Health and Safety Code and the Bond Indenture; or 2. Do not approve the disposition of surplus construction improvement funds for Assessment District 97-1 in accordance with the California Health and Safety Code and the Bond Indenture; or 3. Provide staff with alternative direction. Respectfy,4y submitted, Johri)M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments 1 : Section 10427 of the CA Health and Safety Code 2 Calculation of distribution of excess construction funds CA Codes (shc:10400-10508) ATT1AfZH k 5NT 1 10423. The deed of the matters all proceedings prior to ence of the which it recites, and of the reguof the execution of the deed. 10424. As fast as collected the tax collector shall pay thEyfunds collected by him pursuant to this division, either upon voluntary payment or as the result of sales, to the treasurer of thZ city. The city treasurer shall place the funds so received in a social fund designated by the name of the improvement proceeding. J'Payment shall be made out of the special fund so established only ,fro r the purposes provided for in this division. J J 10424.2. (a) If the Orange County Board of �,Gpervisors determines, subsequent to the issuance of bonds, that e acquisition or construction of all or any part of the posed improvement will be delayed beyond the date upon which, at t,r e time the bonds were issued, the acquisition or construction was expected to occur, the balance then on deposit in the improv ment fund, or the portion specified by the board, may, at th direction of the board, be applied to call outstanding bonds alled for redemption. The call and redemption of bonds pursuant o this section shall not cause the amount of any assessment to be educed. The board shall cause any annual assessment installments occurring after any redemption under this section to be reduced t the maximum extent permitted by law. (b) The board may, /eess ime to time, issue bonds in an aggregate principal amount not iof the principal amount of bonds called for redemption nt to subdivision (a). The net proceeds derived from the sale bonds shall be deposited in the improvement fund. 10425. If the fi st assessment or the sale of bonds to represent assessments levi d pursuant to this division fails to raise sufficient mone to pay all costs, damages, and expenses of the improvement o acquisition, including any judgments rendered in the action and p oceedings mentioned in this division and the costs and expenses t reof, the legislative body may pay the deficit out of the general f nd, or may order a supplemental assessment to pay the deficit. 104 6. The supplemental assessment shall be made and collected in thA same manner, as nearly as mav be, as the emen a assessments may be made, if necessary, to pay for the improvement. At the hearing the legislative body may confirm, modify, or correct the supplemental assessment. The decision of the legislative body thereon is final. 10427. After completion of the improvement and the payment of all claims from the improvement fund, the legislative body shall determine the amount of the surplus, if any, remaining in the improvement fund by reason of the assessment and any supplemental http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=l ... 11 /20/2002 CA Codes (she:10400-10508) Page 7 of 9 assessment levied for the improvement. The surplus shall be used, in amounts determined by the legislative body, for one or more of the following purposes: (a) For transfer to the general fund of the city, provided that the amount transferred shall not exceed the lesser of one thousand dollars ($1,000) or 5 percent of the total amount expended from the improvement fund. (b) As a credit upon the assessment and any supplemental assessment, in the manner provided in Section 10427.1. (c) For the maintenance of the improvement. (d) To call bonds, thereby reducing outstanding assessments and subsequent assessment installments. In the event that the legislative body determines to use all or some portion of the surplus to call bonds prior to maturity, the treasurer shall do each of the following: (1) Cause the special reserve fund, if any, to be reduced as necessary pursuant to Section 8887 to assure that the bonds will not become subject to federal income taxation. (2) Cause any assessment previously paid in cash to receive a credit in cash pursuant to subdivision (b) of Section 10427.1 for the proportionate share of the surplus as determined pursuant to subdivision (a) of Section 10427.1. (3) Cause the preparation of new auditor's records to reflect the adjusted principal amount of the remaining assessment. All subsequent assessment installments shall be based upon the adjusted principal amount of the assessment as reflected in the revised auditor's record. 10427.1. (a) If there is no supplemental assessment, the entire amount of the surplus shall be applied as a credit to the assessment or, as an alternative, any portion of the surplus may be used to call outstanding bonds. If any supplemental assessment has been levied, any portion of the surplus shall be applied as a credit to the assessment or supplemental assessment, or both, or, as an alternative, may be used to call outstanding bonds, as the legislative body may determine. Any credit upon the assessment or any supplemental assessment shall be made in the proportion which each individual assessment, or installment of principal thereof, bears to the total of all individual assessments in the assessment or supplemental assessments upon which the surplus is to be credited. Any bonds called pursuant to this section shall be selected in accordance with Section 8768. (b) Where an individual assessment, or any installment of the principal thereof, has been paid in cash after January 1, 1991, the credit shall be returned in cash to the person or persons owning the property for which the assessment or installment has been paid upon their furnishing satisfactory evidence of payment. (c) Where all or any part of an individual assessment remains unpaid, if the individual assessment is not payable in installments, the credit shall be applied in its entirety upon the individual assessment. (d) Where all or any part of an individual assessment remains unpaid and is payable in installments, the amount apportioned to each parcel shall be credited against the next installment or installments unpaid upon it after the two-year period specified in this subdivision. When any of the surplus is to be applied as a credit upon the assessment, payable in installments, no credit may be paid or credited as provided in this section until after a period of tf http://www.leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file=1... 11/20/2002 CA Codes (shc:10400-10508) Page 8 of 9 two years from the date of receipt of proceeds of the sale of bonds by the legal entity conducting the proceedings. (e) There shall be transferred to the general fund of the city (1) any portion of the surplus which has not been paid to or claimed by the persons entitled thereto within four years from the date of recordation of the assessment and any supplemental assessment or, if bonds have been issued, within four years after the due date of the last installment upon the bonds or of the last principal coupon attached thereto, and (2) any interest earned from the investment of any moneys constituting all or any part of the surplus when the surplus attributable to an individual remaining assessment is fifty dollars ($50) or less. If the surplus attributable to an individual remaining assessment is greater than fifty dollars ($50), any interest earned thereon, less administrative cost of investing and crediting, shall be applied as a credit to the assessment. 10427.2. If, pursuant to Section 10427, the legislative body determines that any surplus remaining in the improvement fund shall be used as a credit upon the assessment or any supplemental assessment, the legislative body may also determine that such surplus shall be applied as a credit to the city or any local, state or national agency or authority which shall have made a contribution towards the costs and expenses of the improvement. A credit on account of any contribution shall be made in the proportion which such contribution bears to the total amount of the assessment or supplemental assessment prior to the deduction of all such contributions. All such credits shall be returned in cash to the city, local, state or national agency or authority making such contribution. The surplus remaining in the improvement fund after making credits on account of contributions shall then be applied as a credit in the manner provided in Section 10427.1. 10427.5. If any work to be performed under this division is deleted from a specific lot fronting on the improvement, the surplus in the improvement fund resulting from the deletion of such work may be returned to the owner of that lot, in the manner provided in Section 10427.1. 10428. From the date of the recordation pursuant to Sections 3114- and 3115, each specia as fiis -division is- a lien upon the land upon which it is levied. This lien is paramount to all other liens, except prior assessments and Nation. Unless sooner discharged, the lien continues for aJpe-mod of 10 years from the date of the recordation or, if bonds_ -ire issued to represent the assessment, until the expiration our years after the due date of the last installment on the bopds or of the last principal coupon attached thereto. All pec, ns have constructive notice of this lien from the date of the _x-,--cordation. 1042 The lien, whether bonds issued to represe sessment o a fixed special assessment liens previously imposed upon the same property, but it shall have r} i1 L� I http://www.leginfo. ca.gov/cgi-bin/displaycode?section=shc&group=10001-11000&file= l ... 11 /20/2002 ATTACHMENT 2 City of La Quinta Assessment District 97-1 Calculation of Distribution of Excess Construction Funds November, 2002 Amount transferred to Redemption fund 11/30/2001 Monthly interest calculation based upon monthly ave. pool rate per Treasurer's report: Rate Amount $59,403.39 December 2.83% 142.78 January 2.37% 119.57 February 2.26% 102.99 March 2.25% 113.52 April 2.35% 114.74 May 2.59% 130.67 June 2.42% 118.16 July 2.46% 124.11 August 2.45% 123.61 September 2.46% 120.11 October 2.46% 124.11 November 2.46% 90.25 Total accrued interest 1,424.61 Total excess construction funds, through November 30, 2002 $60,828.00 To be allocated among 111 properties Allocation per property $548.00 971 construction interest.xls �J L TW�t 4 a vQ" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 3, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Adoption of a Resolution Accepting PUBLIC HEARING: a Cash Donation from Rutan and Tucker for the Employee Recognition Banquet RECOMMENDATION: Adopt a Resolution of the City Council accepting a cash donation from Rutan and Tucker for the Employee Recognition Banquet. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 11, 2002, Rutan and Tucker provided the City of La Quinta with a cash donation of $750.00 to be used for the Employee Recognition Banquet. This donation will be used for the purchase of door prizes. The Banquet will be held on December 14, 2002, at the La Quinta Mountain and Dunes Club House. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council accepting a cash donation from Rutan and Tucker for the Employee Recognition Banquet; or 2. Do not adopt a Resolution of the City Council accepting a cash donation from Rutan and Tucker for the Employee Recognition Banquet; or 3. Provide staff with alternative direction. Respectfully submitted, 'A - Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCEPTING A CASH DONATION FROM RUTAN & TUCKER FOR THE EMPLOYEE RECOGNITION BANQUET WHEREAS, on November 1 1 , 2002, Rutan & Tucker generously made a cash donation of $750.00 to the City for the Employee Recognition Banquet, to be held December 14, 2002 at the La Quinta Mountain and Dunes Club House in La Quinta, California; and, WHEREAS, the gift was donated to the City and its personnel and was not given to or limited to the use of any particular employee or official; and, WHEREAS, it is in the best interest of the City to accept the donation and to direct the City Manager to control distribution of the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . The City of La Quinta hereby accepts the cash donation of $750.00. 2. The City Manager is hereby directed to control distribution of said cash donation. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of December, 2002, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California c&t!t444" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 3, 2002 ` CONSENT CALENDAR: J ITEM TITLE: STUDY SESSION: Adoption of a Resolution Accepting PUBLIC HEARING: a Cash Donation from Nickerson and Associates for the Employee Recognition Banquet RECOMMENDATION: Adopt a Resolution of the City Council accepting a cash donation from Nickerson and Associates for the Employee Recognition Banquet. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 23, 2002, Nickerson and Associates provided the City of La Quinta with a cash donation of $300.00 to be used for the Employee Recognition Banquet. This donation will be used for door prizes. The Banquet will be held on December 14, 2002, at the La Quinta Mountain and Dunes Club House. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting a cash donation from Nickerson and Associates for the Employee Recognition Banquet; or 2. Do not adopt a Resolution of the City Council accepting a cash donation from Nickerson and Associates for the Employee Recognition Banquet; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A ROUND OF GOLF FOR FOUR INDIVIDUALS FROM NICKERSON AND ASSOCIATES FOR THE EMPLOYEE RECOGNITION BANQUET WHEREAS, on November 23, 2002, Nickerson and Associates generously made a donation of $300.00 to the City for the Employee Recognition Banquet to be held December 14, 2002, at the La Quinta Mountain and Dunes Club House in La Quinta, California; and, WHEREAS, the gift was donated to the City and its personnel and was not given to or limited to the use of any particular employee or official; and, WHEREAS, it is in the best interest of the City to accept the donation and to direct the City Manager to control distribution of the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City of La Quinta hereby accepts the cash donation of $300.00. 2. The City Manager is hereby directed to control distribution of said donation. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of December, 2002 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 003 JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California T4tyl 4 stP Q" COUNCIL/RDA MEETING DATE: December 3, 2002 ITEM TITLE: Approval of a Request for Proposal to obtain Professional Engineering Services for the Eisenhower Drive Median Island and Median Island Landscape Improvements, Project No. 2001-02A RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Eisenhower Drive Street Improvements, Project No. 2001-02A and appoint a Consultant Selection Committee. FISCAL IMPLICATIONS: The following represents the project's approved funding and funding sources: General Fund: $32,666.00 Gas Tax: $72,265.82 Infrastructure Funds: $561,068.18 RDA Project Area No. 1 Funds: $1,200,000.00 Total Funding Available: $1,866,000.00 Less Prior Expenditures': ($840,461 .10) Amount Available: $1,025,538.90 IReflects the costs expended through November 21, 2002 for the Washington Street Rehabilitation Phase of the project. T:\PWDEPT\COUNCIL\2002\021203X.wpd The following represents the anticipated project budget: Construction: Design: Insp/Test/Survey: Administration: Professional: Contingency: Total: $800,000.00 $66,000.00 $40,000.00 $20,000.00 $12,000.00 $80,000.00 $1,018,000.00 As illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: This project is partially funded with RDA Project Area No. 1 funds and must be bid utilizing prevailing wage requirements. Therefore, there are no charter city implications. BACKGROUND AND OVERVIEW: During the winter season 2000/2001, the City experienced a number of heavy rain events. During this time, areas of roadway on Washington Street between Avenue 48 and Highway 111 failed. The highest concentration of failures appeared between Avenue 48 and Simon Drive and varied from sinking pavement and alligator cracking to pavement potholes and "pop -outs." Eisenhower Drive has also experienced accelerated failure due to weather, age and increased traffic. Due to the accelerated failures, the City Manager declared the pavement reconstruction an emergency. Pursuant to Municipal Code Section 3.32 D, "The City Manager may authorize the solicitation, selection, award, and execution of service contracts by the most expeditious method where time is of the essence to prevent an emergency lack of critically needed services. If the contract is for major services, it shall be submitted for ratification at the next regular City Council Meeting." On April 17, 2001, the City Council ratified the City Manager's decision in declaring the Washington Street and Eisenhower Drive pavement failure an emergency situation and authorized the Public Works Department to utilize the most expedient method to select a qualified Professional Consultant to analyze the cause of the failure and design the permanent reconstruction measures. The City Council also approved a Professional Services Agreement (PSA) in an amount not to exceed $66,000 with the firm of Harris & Associates to prepare the PS&E for the reconstruction and rubberized asphalt overlay of Washington Street and Eisenhower Drive. IJU�; TAPW DEPT\COUNCIL\2002\021203X.wpd The project limits were Washington Street from approximately 1,700 feet north of Avenue 50 to Simon Drive and Eisenhower Drive from Washington Street to Coachella Drive. On April 16, 2002, the City Council appropriated $600,000 from City Infrastructure Funds, approved a Resolution of the City Council making certain findings pursuant to Health and Safety Code Section 33445(a), approved the project plans, specifications and engineer's estimate (PS&E), authorized staff to advertise for bid the Washington Street Pavement Reconstruction Improvements, and authorized staff to modify the proposed scope of work for the Eisenhower Drive rehabilitation improvements to include median islands with landscape improvements. On June 18, 2002, the City Council awarded a contract in the amount of $689,684 to Matich Corporation to construct the Washington Street Pavement Rehabilitation Improvements, Project No. 2001-02. The Eisenhower Drive pavement rehabilitation improvements were delayed due to seasonal traffic concerns and the Coachella Valley Water District's (CVWD) desire to retrofit its water and sewer facilities within the project area. The City Council added the median island curb, median island landscape and irrigation, and median island lighting improvements to the project with the adoption of the FY 2002/2003 Capital Improvement Plan (CIP). The design consultant will be required to update the pavement rehabilitation and striping plans completed by Harris & Associates in December 2001 to reflect the current condition of the street. In addition, these plans will be modified to allow installing approximately 3,000 linear feet of raised curb medians. The design engineer shall also coordinate with CVWD regarding its proposed water and sewer retrofit, and other utilities as appropriate. The design consultant will also provide median island lighting, landscape and irrigation plans. The landscape pallette will be the City Council approved "desert scape" theme for primary image corridors. The Consultant Selection Process outlined within City Resolution 96-80 shall be followed. In accordance with Resolution 96-80, the City Council is notified of the potential need to contract for professional services in excess of $10,000. Staff suggests the City Council appoint a Consultant Selection Committee consisting of the following members: • Tim Jonasson, P.E., Public Works Director/City Engineer • Steve Speer, P.E., Assistant City Engineer • Nick Nickerson, Project Manager (`~ . uuu3 T:\PWDEPT\COUNCIL\2002\021203X.wpd Pending City Council authorization to distribute the attached RFP (Attachment 1) on December 3, 2002, the following represents the project schedule: Issue RFP December 4, 2002 Proposal Due Date January 6, 2003 Consultant Selection Process January 7 - January 31, 2003 Recommendations to City Council February 4, 2003 Project Design (3 months) March - May 2003 FINDINGS AND ALTERNATIVES The alternatives available to the City Council include: 1 . Authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable constructions costs for the Eisenhower Drive Street Improvements, Project No. 2001-02A and appoint a Consultant Selection Committee; or 2. Do not authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable constructions costs for the Eisenhower Drive Street Improvements, Project No. 2001-02A and do not appoint a Consultant Selection Committee; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy R. Jo asso P.E. ublic Works irector/City Engineer Approved for submission by: D Thomas P. Genovese, City Manager Attachments: 1 . Request for Proposal (RFP) u 0 4 T:\PW DEPT\COUNCIL\2002\021 203X. wpd ATTACHMENT 1 CITY OF LA QUINTA REQUEST FOR PROPOSAL EISENHOWER DRIVE STREET IMPROVEMENTS The City of La Quinta requests proposals from qualified professional engineering consultants to prepare plans, specifications and engineer's estimate (PS&E) for the Eisenhower Drive Street Improvements, City Project No. 2001-02A. General Design Parameters: The project is located on Eisenhower Drive, from Washington Street west to Coachella Drive. The proposed street improvements include raised curb median, pavement rehabilitation, signing and striping, landscape and irrigation, and median island lighting. The City of La Quinta commissioned the PS&E to rehabilitate the pavement on Eisenhower Drive, from Washington Street west to Coachella Drive, to be complete in December 2001. The proposed rehabilitation improvements were delayed due to seasonal traffic concerns and issues related to the Coachella Valley Water District's (CVWD) desire to retrofit its water and sewer facilities within the project area. The City Council added the median island curb, median island landscape and irrigation, and median island lighting improvements to the project with the adoption of the FY 2002/2003 Capital Improvement Plan (CIP). The design consultant will be required to update the pavement rehabilitation and striping plans completed by Harris & Associates in December 2001. In addition, these plans will be modified to accommodate installing raised curb medians between stations 51+00 and 81+61. Other design considerations include coordination with CVWD regarding its proposed water and sewer retrofit, and other utilities as appropriate. The Harris & Associates Street Rehabilitation Plans are attached for reference. The design consultant will also provide median island lighting, landscape and irrigation plans. The landscape pallette will be the City Council approved "desert scape" theme for primary image corridors. The design consultant will be responsible for providing an itemized engineer's estimate, bid schedule, bid item descriptions, payment methods, and technical provisions. Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: Perform appropriate engineering related field survey and base map preparation. The City will provide the AutoCad drawings originally prepared by Harris and Assocaites as a beginning point. CAWINDOWS\Temporary Internet Files\OLK61 F4\PFP.wpd 606 Perform utility coordination, identify points of connections, and obtain clearances. Prepare project plans, specifications and engineers estimates ofprobable construction costs. Plans will likely include: Title Sheet, Raised Curb Median Plan, Pavement Rehabilitation Plans, Signing and Striping Plan, Landscape Planting Plan, Irrigation Plan, and Electrical Plan. Project Specifications and Bid Documents will likely include the detailed project description, preparation of bid schedule, bid item descriptions, payment methods, special provisions, technical specifications, and any specification detail sheets. Consultant coordination will include an appropriate number of meetings with City Staff. The consultant may be required to attend a City Council Meeting. The design consultant will be expected to attend the pre -bid meeting and will respond to contractor requests for clarification during the bid process. Project Development Process 1. Pre -Design Meeting Initial meeting between the consultant and City staff to clarify project design objectives. 2. Agency Approval A. Consultant will submit PS&E and/or other necessary documents to City to obtain approval. At a minimum, the consultant should plan for 85% and 95% plan check submittals. B. Based upon comments received from the City, consultant will revise the preliminary Plans, Specifications, and Estimates (PS&E) and resubmit. C. Staff approved PS&E will be submitted to the City Council for approval. D. All approved plans will be provided to the City on compact disk in AutoCAD 14 format, as well as on "D" size Mylar. Specification documents, including technical specifications, will be provided on digital medium disks in Microsoft Word for Windows format. The Engineer's estimate will be provided in Excel for Windows format. C.\WINDOWS\Temporary Internet Files\OLK61F4\RFP.wpd 607 3. Bidding Phase The consultant will be expected to provide assistance in preparing the necessary documents and coordinate advertisement of the project for bid. Technical support during the bidding and award process will also be required. 4. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes provided by the City, clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before January 6, 2003 at/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Steven D. Speer, P.E., Assistant City Engineer City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 4 copies A. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and sub -consultants. (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. C. Project Understanding and Approach A description of your project understanding and how you will approach the project. D. Scope of Work Program C:\WINDOWS\Temporary Intemet Files\OLK61F4\RFP.wpd UU� A description of the tasks, sub -tasks, and deliverables that will be provided. E. Project Schedule A comprehensive Critical Path Method (CPM) schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting February 3, 2003 as the start date. The City Council meets the V and 3Td Tuesday of each month. The project schedule should include all approvals expected during the project period. 2. Cost Proposal (envelope 2) The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each task and/or sub -task defined. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may or may not choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. CAWINDOWS\Temporary Internet Files\OLK6 I F4\PFP.wpd `- v09 CITY OF LA QUINTA COST PROPOSAL SHEET EISENHOWER DRIVE STREET IMPROVEMENTS The following is a summary of costs to provide the services outlined in the Request for Proposals for professional engineering consultants to prepare the PS&E for the Eisenhower Drive Street Improvements and will be used as the basis for negotiating a Professional Services Agreement: Work Objectives Proposed Cost 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. TOTAL LUMP SUM FIXED FEE: $ Consultant may include as many, or as few, work objectives if believes are necessary to complete the project. Attached herein is a detailed man-hour and fee breakdown for the tasks and sub -tasks defined in our proposal. Prime Consultant C:\W WDOWS\Temporary Intemet Files\OLK61 F4\RFP. wpd Date Signed 610 T4t!t 44Q" AGENDA CATEGORY: BUSINESS SESSION: _r7 COUNCIL/RDA MEETING DATE: December 3, 2002 CONSENT CALENDAR: / ITEM TITLE: Adoption of a Resolution Declaring STUDY SESSION: the City Council's Intent to Vacate a Portion of Calle Tampico near Avenida Navarro PUBLIC HEARING: RECOMMENDATION: Adopt a resolution declaring the City Council's intent to vacate a portion of Calle Tampico near Avenida Navarro. FISCAL IMPLICATIONS: None at this time. If approved, the City would no longer be required to maintain this piece of street right-of-way. BACKGROUND AND OVERVIEW: General Procedure State law' gives authority to City Councils to vacate city streets, or portions of city streets, that are found unnecessary for present or prospective public street purposes. The statute prescribes a specific procedure under which the vacation may be implemented. The vacation process requires that the City Council adopt a resolution that declares its intent to vacate the specifically identified portion of street right-of- way. The resolution of intent sets a date and time for a public hearing to hear evidence offered by any interested person. The public hearing must occur at least fifteen (15) days after the resolution of intent is adopted. The proposed public hearing date is January 7, 2003, which provides a thirty-five (35) day noticing period. The proposed Notice of Intent Resolution contained herewith sets in motion a number of administerial activities that are required to occur prior to the public hearing at which the Council makes its decision as to whether or not to approve the proposed vacations. The activities include posting notices at the proposed street vacation location and publishing a public hearing notice in the newspaper. Utility purveyors in the City have already been notified of the proposed street vacation, and the Planning 'California Streets and Highways Code, commencing with Section 8300, which is entitled the T t Public Streets, Highways, and Service Easements Vacation Law. 1 T:\PWDEPT\COUNCIL\2002\021203d.wpd Commission made a General Plan consistency finding approving the proposed street vacation, at its November 26, 2002 meeting (see Attachment 1). Due to the realignment of Calle Tampico (as shown on Attachment 2), Calle Tampico contains a portion of right-of-way that is no longer required. This portion of right-of- way is specifically described in Attachment 3, and is not needed by other property owners for access or improved accessibility. FINDINGS AND ALTERNATIVES: The attached resolution declares the City's intent to vacate the subject portion of right- of-way. It is not the final act with regard to the vacation process; it takes action that officially initiates a proposed street vacation for consideration. A public hearing must be held before the vacation can be approved. A Public Hearing is scheduled for January 7, 2003. The proposed vacation has been presented to the Planning Commission and found to be consistent with the La Quinta General Plan. Alternatives Adopt a resolution declaring the City Council's intent to vacate a portion of Calle Tampico near Avenida Navarro; or 2. Do not adopt a resolution declaring the City Council's intent to vacate a portion of Calle Tampico near Avenida Navarro; or 3. Provide staff with alternative direction. Respectfully submitted, �imothy R. ona on, P.E. Public Wor s Director/City Engineer HG/hg Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Planning Commission Staff Report dated November 26, 2002 2. Plat Map 3. Legal Description 2 T:\PWDEPT\COUNCIL\2002\021203d.wpd RESOLUTION 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA DECLARING ITS INTENTION TO VACATE A PORTION OF CALLE TAMPICO NEAR AVENIDA NAVARRO CASE NO. RW-V 2002-012 WHEREAS, the Public Streets, Highways, and Service Easement Vacation Law, commencing with Section 8300 of the Streets and Highways Code of the State of California empowers City Councils with the authority to vacate Street Right -of -Way and Public Utility Easements within its jurisdiction that are found unnecessary for present or prospective public street purposes, and WHEREAS, the City Council is required by law to adopt a resolution declaring its intention to vacate the subject portion of Right -of -Way at least 15 days prior to conducting a public hearing regarding the proposed street vacation, and WHEREAS, the City Council is required to conduct the public hearing to hear evidence presented by any interested party prior to approving or rejecting the proposed street vacation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: SECTION 1 . Pursuant to the procedure prescribed in Chapter 3 of the Public Streets, Highways, and Service Easement Vacation Law, the City Council of the City of La Quinta declares its intention to vacate a portion of Calle Tampico near Avenida Navarro, more specifically described on Attachments 2 and 3. SECTION 2. A public hearing will be conducted on the 7th day of January, 2003, at 7:00 P.M. in the La Quinta City Council Chambers, 78-495 Calle Tampico, La Quinta, California, at which time all persons interested in or objecting to the proposed vacation will be heard. SECTION 3. The City Clerk shall cause this Resolution to be published at least fifteen days before the date set for the hearing. SECTION 4. The City Clerk shall cause this Resolution to be posted within fifteen days before the date set for the hearing in three (3) public places established by the City Council. TAP WDEPT\COUNCIL\2002\021 203d Reso.wpd RESOLUTION 2002- Page 2 SECTION 5. The Public Works Director shall cause this Resolution and Attachments 2 and 3 to be conspicuously posted in the proposed vacation area at locations not more than 300 feet apart, as least two weeks prior to the public hearing scheduled for January 7, 2003. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of December 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California Y T:\P W DEPT\C0UNC IL\2002\021203dReso. wpd 004 ATTACHMENT 1 DATE: CASE NO.: REQUEST: LOCATION: APPLICANT: BACKGROUND: STAFF REPORT PLANNING COMMISSION NOVEMBER 26, 2002 RIGHT OF WAY VACATION 2002-012 DETERMINATION OF LA QUINTA GENERAL PLAN CONSISTENCY OF THE PROPOSED RIGHT OF WAY VACATION PORTION OF CALLE TAMPICO NEAR AVENIDA NAVARRO LOUIS CAMPAGNA Pursuant to State law', the "Planning Agency" shall make a finding that the proposed vacation is consistent with the City's General Plan and Circulation Element for any street right of way or public easements being vacated by the City Council. The planning agency in this case is the Planning Commission. Due to the realignment of Calle Tampico, as shown on Attachment 1, Calle Tampico contains a portion of right of way that is no longer required. This portion of right of way is specifically described in Attachment 2 and is not needed by other property owners for access, or improved accessibility. ENVIRONMENTAL CONSIDERATION: The proposed vacation is categorically exempt under Section 15305, and not subject to the California Environmental Quality Act (CEQA). PUBLIC AGENCY COMMENTS: On November 8, 2002, staff mailed notices to potentially affected public agencies, informing them of the proposed vacation. If the utility companies respond with requests for easements to continue operation and maintenance of existing public utilities, a utility easement will be reserved, however, no comments are expected. Government Code Section 65402 666 T:\PWDEPT\STAFF\GUZMAN\ROW\stvac-pc-rpt FINDINGS: The proposed right of way vacation will have no environmental effects that adversely impact the human population, either directly or indirectly because the street segment is currently unused by the public and inaccessible to vehicles; and secondly, the act of vacating the right of way will have no physical environmental effect. 2. The right of way vacation will not impact public utility agencies, provided easements are retained for the continued maintenance and operation of existing public utilities. RECOMMENDATION: Adopt Resolution 2002-_ finding that Right of Way Vacation 2002-012 is consistent with the La Quinta General Plan. Prepared by: HECTOR GUZMAN, Assistant Engineer II Submitted by: OSCAR ORCI, Planning Manager HG/hg Attachments: 1. - Plat Map 2. - Legal Description T:\PWDEPT\STAFF\GUZMAN\ROW\stvac-pc-rpt 007 ►K11 00FESS/pN /ye o M XP. 12/31 /05 CALWO��\P " A I I A(.:r1MtN GRAPHIC SCALE 0 15 30 60 120 1 ( IN FEET ) 1 inch = 30 ft» RIGHT OF WAY VACATION PI AT Mp�CO „ R = 1200•0o' CALLE SA o _ 0�'00'37 63 05 100.00 N7739 26, i I r� 38.00, EXISTING CURB FACE 50.00' 1 � �11 _ N77,39'26'E 71•36 orea to be 2027 SO FT rj vacated 0.04 AC Z o {' 80.05'O o I n N89'57'00"W A = 89'5137M o P. 0. B. R = 20.00' L = 31.37' w Z N8954 37 EAR I\ T I Lot 1, Block 123 IC I o w I MB 18183 - ______ 100.00' — — — — — — 20.00' S8957'00 E T2 • RIGHT-OF-WAY ATTACHMENT 3 VACATION LEGAL DESCRIPTION AREA TO BE VACATED A PARCEL OF LAND IN A PORTION OF UNIT NO. 14, SANTA CARMELITA AT VALE LA QUINTA AS SHOWN ON MAP ON FILE IN BOOK 18 OF MAPS AT PAGE 83, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO BEING IN A PORTION OF THE SOUTHEAST ONE -QUARTER OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 123 OF SAID UNIT NO. 14; THENCE S 89057'00" E ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 80.05 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE EASTERLY ALONG SAID CURVE CONCAVE TO THE SOUTH THROUGH A CENTRAL ANGLE OF 89051'37" A RADIUS OF 20.00 FEET AN ARC LENGTH OF 31.37 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1; THENCE N 00005'23"W A DISTANCE OF 24.01 FEET; THENCE N 51 °08'01" W A DISTANCE OF 38.92 FEET TO A POINT PARALLEL WITH AND 50.00 FEET SOUTHEAST OF THE CENTERLINE OF CALLE TAMPICO; THENCE S 77039'26" W PARALLEL WITH SAID CENTERLINE A DISTANCE OF 71.36 FEET; THENCE S 00005'23" E A DISTANCE OF 13.14 FEET TO THE NORTHWEST CORNER OF SAID LOT 1 AND THE POINT OF BEGINNING. CONTAINING 2027 SQ. FT. (0.04 AC.) MORE OR LESS Qao�Ess�o� �5�•Fgl No. C•241�'6 f U. t2r�1JO �� 9) CIVIL ��� AOF CAL1F'DP 009 T4tyl 4 4 Q" COUNCIL/RDA MEETING DATE: December 3, 2002 ITEM TITLE: Approval of Assignment and Assumption Agreement to Subdivision Improvement Agreement for Tract No. 21947-2, KSL Land Corporation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: D Approve an Assignment and Assumption Agreement transferring subdivision improvement obligation from KSL Land Corporation to CRV Golf West, LP for Tract No. 21947-2. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 29147-2, originally owned by KSL Land Corporation, was sold conveying property title to CRV Golf West, LP. As a result, KSL desires to assign the Subdivision Improvement Agreement (SIA) to CRV Golf West, LP. The attached Assignment and Assumption Agreement and Amendment to Subdivision Improvement Agreement formalizes the transfer of subdivision improvement obligations from KSL Land Corporation to CRV Golf West, LP, the new land owner. The executed Assignment and Assumption Agreement and Amendment to Subdivision Improvement Agreement between KSL Land Corporation and CRV Golf West, LP, forTract No. 29147-2 is included as Attachment 1. ( C, I T:\PW D EPT\CO U NC I L\ 2002\021 203c. wpd FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Assignment and Assumption Agreement transferring subdivision improvement obligations from KSL Land Corporation to CRV Golf West, LP for Tract No. 29147-2; or 2. Do not approve Assignment and Assumption Agreement transferring subdivision improvement obligations from KSL Land Corporation to CRV Golf West, LP for Tract No. 29147-2; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. Jon son, P.E. ublic Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Executed Assignment and Assumption Agreement and Amendment to Subdivision Improvement Agreement for Tract No. 29147-2 T:\PW DEPT\COUNCIL\2002\021 203c. wpd ATTACHMENT 1 ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT ("Assignment & Amendment") is made and entered into as of thecZ�'day of ' , 2002, by and among the CITY OF LA QUINTA, a municipal corporation of the State of California ("City"), KSL Land Corporation, a Delaware corporation ("Assignor"), and CRV Golf West, LP, a California limited partnership ("Assignee"). RECITALS A. City and Assignor entered into that certain Subdivision Improvement Agreement, dated December 9, 1999 ("SIA"), pursuant to which Assignor, as the "Subdivider" defined in the SIA, agreed to plan for, install, and construct certain public and/or private improvements on Tract No. 29147-2 ("Tract"), as more fully described in Exhibit "A" of the SIA ("Improvements"). B. Assignor has transferred its interest in the Tract to Assignee. In conjunction with such transfer, Assignor desires to assign the SIA, and all of Assignor's rights and obligations thereunder, to Assignee and Assignee desires to assume Assignor's position with respect to the SIA and of Assignor's rights and obligations under the SIA subject to the terms of this Assignment & Amendment. C. In connection with the foregoing described assignment and assumption, the City and Assignee have agreed to certain modifications to the SIA as set forth herein to be effective upon full execution of this Assigmment & Amendment by all the parties hereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Assignment and Assumption. Assignor hereby transfers and assigns to Assignee all of the Assignor's rights, title, and interest in and to, and obligations under, the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and obligations under, the SIA. City hereby consents to the foregoing assignment and assumption. 2. Replacement of Improvement Security. Pursuant to the SIA, Assignor has furnished the City security for the Improvements in the form of: (a) Faithful Performance Bond in the amount of $206,706.00 for the following improvements: Engineering & Plans (b) Faithful Performance Bond in the amount of $230,000.00 for the following improvements: Electrical 975/015610-0002 i 312135.02 AM02 (c) Faithful Performance Bond in the amount of $355,670.00 for the following improvements: Domestic Waters (d) Faithful Performance Bond in the amount of $371,211.00 for the following improvements: Street & Storm Drainage (e) Faithful Performance Bond in the amount of $61,250.00 for the following improvements: Grading (f) Faithful Performance Bond in the amount of $15,400.00 for the following improvements: Monumentation (g) Faithful Performance Bond in the amount of $310,059.00 for the following improvements: No Plans Contingency (h) Labor and Material Bond(s) in the amount of $230,000.00 for the following improvements: Electrical (i) Labor and Material Bond(s) in the amount of $355,670.00 for the following improvements: Domestic Water 0) Labor and Material Bond(s) in the amount of $371,211.00 for the following improvements: Streets & Storm Drainage (k) Labor and Material Bond(s) in the amount of $61,250.00 for the following improvements: Grading For purposes of this Assignment & Assumption, collectively, such security shall hereinafter be referred to as "Improvement Security." Assignee hereby warrants that within five (5) days of this executed Assignment and Amendment it shall replace Assignor's Improvement Security with security of its own in an amount equal to the Improvement Security, unless the City otherwise determines at its discretion and in writing that such security can be issued at a lesser amount. Assignee's security shall be in full compliance with the terms and conditions stated in the SIA for such security. The City agrees that upon receipt of evidence that Assignee has obtained such new security in a form satisfactory to the City, the City shall release Assignor's Improvement Security and, upon such release, Assignor shall be deemed released by the City from any and all obligations under the SIA. 3. Incorporation of SIA Provisions. The SIA, and each provision therein, unless otherwise modified in writing, are incorporated in this Assignment & Amendment in their entirety and Assignee agrees and warrants that it assumes and is bound by each obligation found in the SIA in the same manner as Assignor prior to this assignment. [Signatures On Following Page] 005 975/015610-0002 _2 _ 312135.02 AM02 IN WITNESS WHEREOF, the parties hereto have executed this Assignment & Amendment on _ day of , 2002. CITY: CITY OF LA QUINTA Its: ATTEST: City Clerk ASSIGNOR: KSL LAND CORPORATION 7 ASSIGNEE: CRV GOLF WEST, LP Its: CRV GOLF WEST, LP, a California limited partnership By: Capstone Residential Venture I (GP) LLC, a Delaware limited liability company, Its General Partner By: Capstone Residential Venture I LLC, a Delaware limited liability company, Its Sole Member By: Capstone Realty Advisors, LLC, a Delaware limited liability company, Its Operating Member 87' �J/- ALlCX Z.:KA 5, et7 -iz %-EMum gc/L 975/015610-0002 -3 - 312135.02 AM02 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 Date Date -Vof; CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of R i Je rs t d e On 10 -- D f - o Z before me, =S u �► c Name and Title of Officer (e.g., � Id r "Jane e, Notary Public") Date personally appeared ?_�Yru I kle Y JUDITH A. MC NAL LY Commission #1213208 < i Notary Public - Caiifcrnicx m Riverside County My Comm. Bores Apr 11,2003 Place Notary Seal Above of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Z my hand and official seal. t Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: AT-asstqubdtv�sTia�l=rnprc•2mp�T7 �l Document Date: ' Asi —G?. Number of Pages: M(' ✓a�mN�v% Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1997 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 _ L 't �) 07 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Som hi e0a r, Oni�POiCYYtbC V, G before me, (Yl l4 �� '(� , � �- F 11 i.b 11 > Date j Name and Title of Officer (e.g., "Janeye, e, Notary Public ) personally appeared Alex Z- Lt VA S Name(s) of Signer(s) AMY L. WARD COMM. #1264325 m Notary Public -California N W SAN DIEGO COUNTY .� My Comm. Exp. May 19, 2004 Place Notary Seal Above * personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person{&} whose name�s} isiWe subscribed to the within instrument and acknowledged to me that hey executed the same in his4�era##e+F authorized capacity0a4, and that by histli t/ signature{&Hn the instrument the persons} -or the entity upon behalf of which the persor4 acted, executed the instrumpnt.._.,-, WITNESS my hqpd an offi I seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ��ff Title or Type of Document: ASS Ci inmen� o_mp_+ion Ace: d16S inmp� n `YtSitverne�i 4 Document Date: i��L'TcYYI Y �i 2, �( �`�o� Number rtC01e Pages: _ � Anityldmen+- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 T4tyl 4 4Qui"fw AGENDA CATEGORY: BUSINESS SESSION: (� COUNCIL/RDA MEETING DATE: CONSENT CALENDAR: `7 December 3, 2002 — ITEM TITLE: STUDY SESSION: Adoption of a Resolution Granting Conditional PUBLIC HEARING: Approval of a Final Map and Subdivision Improvement Agreement for Tract No. 29457-3, Rancho La Quinta RECOMMENDATION: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract No. 29457-3, Rancho La Quinta. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 29457-3 is located west of Jefferson Street, north of Avenue 50 and south of Avenue 48 (Attachment 1), and consists of 72 residential lots (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of November 20, 2002, City staff has received a technically correct map of the Final Map from the City's Acting Surveyor. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer, however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (January 3, 2003), of all associated securities. A technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk has been received by City staff. SACityMgr\Terry\Staff Reports\021203-29457-3.wpd Once this item is received, the City Clerk will affix the City Seal to the Final Map and offer the final map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract No. 29457-3, Rancho La Quinta; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract No. 29457-3, Rancho La Quinta; or 3. Provide staff with alternative direction. Respectfully submitted, R 4imt-6t�hykR., nass Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 602 S:\CityMgr\Terry\Staff Reports\021203-29457-3.wpd RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 29457-3, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Tract 29457-3 is conditionally approved provided the subdivider submits all required items on or before December 20, 2002. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on February 13, 2002. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 3rd day of December, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California ATTACHMENT 1 VICINITY MAP NTs ;1 I Y OI 4,x? 9 ' I Plan Set No. �2 bete_ F,N THE CITY OF LA QUINTA. CAUFORNIA SHEET NO: ECISE GRADING PLAN ACT 2 945'7 - 3 1 NCHO LA QUINTA C.C. LOTS 1 - 55 SP 84-004 OF1 SHTS E 1 2 OF SECTION 32 T5S R7E SBM A o. I ME No: T. D. DESERT DEVELOPMENT ATTACHMENT 2 U U W > d U z GAF �Wz aO oFo Z = .o dpU o J W 0.i �Na a way z. 0 U Qp 4 - �In ¢� wZ �O 0��� �w u- og� boo Qo om� JQo �NQiWQ o�osoo �oaaw O�W F _ oa ¢ �_ z w wOgwZL8 w�¢¢OSn ✓�° �m a�a z0 ¢Q�00�2 Ku swa .a. � wa °o•� oo �zma �U'. �O= opt a c" tom 'to Sao w No a=oho mo mor "< oo z wee w«_�aw_ =o m aww z� J=. o� ,Q z o �oz,wmQ UU -�F=mow o a Or G Q Y ¢O�o z om oWZN w o� F w¢ma5'O�k' ?J. - ao VF H jOwoOmW ji.i uou Ada F z 1 Sll%Il A110 R -Nil NOLL03S 3NIl83lN30 pp�� ee�� 4fi L99Z> £6'fH9Z 133HS 33S b 133HS 33S b d z l z m _ oti P7 6 C n�iat� s zaZ m wd to wi�a Q,>i M LOB I to W u� U o� o Z ¢csq.zZ. E. M C z •a'aa O OaF O E. 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M ul 9! 6p°e9 N '�'nnl /VU b � 0 � ti6 ro 9 sa 66 sp.py m 11 m 0 �) m o�m oy ti m n� �S m OOOOPO°^ m� 14 ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT Tract 29457-3 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between T.D. Desert Development Limited Partnership, a Delaware Limited Partnership, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 29457-3 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.6., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall t � 016 pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid byl T9PIAIf1FPTTRTAGF\RAartina7\Cfnff Pannrt¢ "Ar7_Q %Am'i Pane 3 of R 6 7 Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Ma'eure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. 019 CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk SUBDIVIDER: T.D. Desert Development Limited Partnership, a Delaware Limited Partnership, By: T.T.D. Desert Development Corporation, a Delaware Corporation ITS: General Partner, 79285 Rancho La Quinta Drive La Quinta, CA 92253 (760) 777-7747 By. Date Title: By: Date Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Exhibit A SECURITY - TRACT 29457-3 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or part by the City Engineer, at any time after construction plans are complete and the scope and nature of improvements are fully known. These releases shall be separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading, On Site 26,875 26,875 Streets, On Site (Inc. Sidewalks) 477,853 477,853 Domestic Water, On Site 263,802 263,802 Sanitary Sewer, On Site 396,660 396,660 Dry Utilities, On Site 180,000 180,000 Monumentation 15,000 0 Construction Subtotal: $1,359,565 $1,344,565 Engineering & Plans (20% of Construction) 271,913 $1,631,478 No -Plans Contingency (10% of Project) 163,148 Total: $1,794,626 T4'lvl 4 a v Q" COUNCIL/RDA MEETING DATE: December 3, 2002 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of an Amended Final Map for Tract No. 29894-2, The Hideaway, previously known as the Country Club of the Desert RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 1 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of an Amended Final Map for Tract No. 29894-2, previously known as the Country Club of the Desert. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 29894-2, The Hideaway, previously known as the Country Club of the Desert, is located east of Jefferson Street, west of Monroe Street, north of Avenue 54, and south of Avenue 52. This is a subdivision of a portion of Section 9 and the south half of Section 10, Township 6 south, Range 7 east, San Bernardino Meridian. It consists of 346 numbered lots and 35 lettered lots (Attachment 1). On September 18, 2001, the City Council adopted a Resolution granting conditional approval of the Final Map and SIA for Country Club of the Desert, NRI-CCP 1, LLC, a Delaware Limited Liability Company. On May 7, 2002, the City Council granted an extension of time for the completion of improvements as specified in the approved subdivision agreement for a period of one year. On September 9, 2002, the Community Development Director approved the amended final Tract Map No. 29894-2 at a public hearing in accordance with La Quinta Municipal S:\CityMgr\Terry\Staff Reports\021203a'The Hideaway.wpd 1 � � S ._ final Tract Map No. 29894-2 at a public hearing in accordance with La Quinta Municipal Code Section 13.20.115. Normally, an amending map does not need City Council approval because it is approved by the Community Development Director. However, in this case, the public utility easement and emergency vehicle access easements have been reconfigured and are offered for dedication. Acceptance of such dedication can not be approved by any entity other than the City Council. The Amended Final Map is still being checked by the City's map checker. It is expected that a technically correct map will be submitted within the time allowed by this conditional approval. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional approval of the Amended Final Map. As a result, City staff has prepared the attached resolution which provides for conditional approval of the Amended Final Map. The approval is contingent upon receipt, within 30 days (January 3, 2002) of a technically correct Amended Final Map suitable for recording by the County Recorder, with all the required signatures except for the City Clerk. Once these items are received, the City Clerk will affix the City Seal to the Amended Final Map and offer the Amended Final Map for recordation by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Amended Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all the required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of an Amended Final Map for Tract No. 29894-2, The Hideaway, previously known as Country Club of the Desert; or 2. Do not adopt a Resolution of the City Council granting conditional approval of an Amended Final Map for Tract 29894-2, The Hideaway, previously known as Country Club of the Desert; or 3. Provide staff with alternative direction. 4 +t = a T:\PWDEPT\COUNCIL\2002\021203a'The Hideaway.wpd 002 Respectfully submitted, I k 6t��4� othy R. o ass , P.E. dublic Wor ks sirec r/City Engineer Attachments: 1 . Amended Tract Map T:\PWDEPT\COUNCIL\2002\021203a'The Hideaway.wpd Approved for submission by: Thomas P. Genovese, City Manager 003 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL AMENDED FINAL MAP APPROVAL OF TRACT 29894-2, FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for amended final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for amended final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the amended final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The Amended final map for Tract 29894-2, is conditionally approved provided the subdivider submits all required items on or before January 3, 2003. Section 2. The City Council's approval of the Amended final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. l 1q 004 Resolution No. 2002-_ Tract 29894-2 Adopted: Jauary 3, 2003 Page 2 Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder. B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the Amended final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the amended final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of January, 2003 by the following vote to wit: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None Don Adolph, Mayor City of La Quinta, California 005 Resolution No. 2002- Tract 29894-2 Adopted: Jauary 3, 2003 Page 3 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California ATTACHMENTS ()0� ATTACHMENT 1 H VV1 W0 a F � � x W cq Sp g& g# Z v s x N Ell 1111 Eli 11 11 11 aaaaaaaa i $Yy e tz 00 .•�-; OpNI i0 AII� e 1 ttj gW110 rl A' y 3 S Z [V U � Z 0 � W O V) N L. U 0 0 U :e N� ? y1 � o w N O Sl x S C)y 0 3 A U Ld T w T� Z < i a0 8=w Y�i,j S U a �w e€ .s� a �n aMny.i 'mS ova -•- c&t,, 4 a WQ" COUNCIL/RDA MEETING DATE: December 3, 2002 ITEM TITLE: Adoption of a Resolution Accepting a Donation from KSL Desert Resorts for the Employee Recognition Banquet RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: I I STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting two golf gift certificates from KSL Desert Resorts for the Employee Recognition Banquet. FISCAL IMPLICATIONS: nnm CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 28, 2002, KSL Desert Resorts provided the City of La Quinta with two golf gift certificates to be used for the City's Passport to Savings business promotion program. Each gift certificate entitles two players to one round of golf on any KSL Desert Resorts -owned golf course (excluding private courses). The certificates were donated as prizes for the Passport to Savings program; however, no participants were entitled to win these particular prizes. Staff has contacted KSL Desert Resorts on the matter and their wish is that the City retain the certificates. Therefore, staff is proposing to use the certificates as door prizes for the Employee Recognition Banquet to be held on December 14, 2002, at the La Quinta Mountain and Dunes Club House. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting two golf gift certificates from KSL Desert Resorts for the Employee Recognition Banquet; or 2. Do not adopt a Resolution of the City Council accepting two golf gift certificates from KSL Desert Resorts for the Employee Recognition Banquet; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING TWO GOLF GIFT CERTIFICATES FROM KSL DESERT RESORTS FOR THE EMPLOYEE RECOGNITION BANQUET WHEREAS, on June 28, 2002, KSL Desert Resorts generously made a donation of two golf gift certificates to be used as prizes for the City of La Quinta's Passport to Savings business promotion program; and WHEREAS, each gift certificate may be redeemed for one round of golf for two players on any KSL Desert Resorts -owned golf course (excluding private courses); and WHEREAS, the gift certificates were donated to the City and its personnel and were not given to or limited to the use of any particular employee or official; and WHEREAS, no participants of the Passport to Savings program were entitled to win the golf certificates, and it is the desire of KSL Desert Resorts that the City retain the certificates; and WHEREAS, City staff intends to use the certificates as door prizes for the Employee Recognition Banquet to be held December 14, 2002 at the La Quinta Mountain and Dunes Club House in La Quinta, California; and WHEREAS, it is in the best interest of the City to accept the donation and to direct the City Manager to control distribution of the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City of La Quinta hereby accepts the donation of two golf gift certificates to be used as door prizes for the City of La Quinta's Employee Recognition Banquet. 2. The City Manager is hereby directed to control distribution of said donation. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of December, 2002, by the following vote to wit: Resolution No. 2002- Adopted: December 3, 2002 Page 2 of 2 AYES: Council Members NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California 004 ea# 4 4agwav COUNCIL/RDA MEETING DATE: December 3, 2002 ITEM TITLE: Adoption of a Resolution Declaring the City Council's Intent to Vacate Portions of Madison Street between Avenue 58 and Avenue 60 Reserving all the Necessary Easements for the Existing Utilities RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: /a - Adopt a Resolution of the City Council declaring the City Council's intent to vacate portions of Madison Street between Avenue 58 and Avenue 60 for street purposes and reserving all the necessary easements for the existing utilities. FISCAL IMPLICATIONS: None at this time. Should the City Council approve the vacation, the City would be relieved of maintenance costs for the existing Madison Street between Avenue 58 and Avenue 60. However, the City will incur maintenance responsibility for the new Madison Street once those improvements are dedicated to the City. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Approximately 420 acres of the Coral Mountain project was annexed in the City of La Quinta in August 2002. The developer of the Coral Mountain project, Coral Option 1, LLC, now desires to realign Madison Street to accommodate its on -site development plan. As a result, City staff is processing the proposed realignment as follows: 1) Process the street vacation application submitted by the developer that proposes to vacate the existing street right-of-way alignment. T:\PWDEPT\C0UNC1L\2002\021203e 2) If the City Council approves the street vacation at the public hearing scheduled for January 7, 2003, it will do so on the condition that the new right-of-way along with full -width improvements are dedicated to the City in the new alignment in the areas adjacent to the developer's land holdings, and single lane improvements in areas adjacent to property not owned by the developer. The new street alignment will provide access to the adjacent landowners as shown on Attachment 1. The portion of Madison Street to be vacated is situated 30 feet east of Section 27 and 30 feet west of Section 28, Township 6 south and Range 7 east, in San Bernardino Meridian, more specifically described and shown on Attachments 2 and 3. General Procedure State law' gives authority to City Councils to vacate city streets or portions of city streets and easements, that are found unnecessary for present or prospective public street and easement purposes. The statute prescribes a specific procedure under which the vacation may be implemented. The vacation process requires that the City Council adopt a Resolution that declares its intent to vacate the specifically identified portion of street right-of-way and easement. The Resolution of Intent sets a date and time for a public hearing to hear evidence offered by any interested person. The public hearing must occur at least fifteen (15) days after the Resolution of Intent is adopted. The proposed public hearing date is January 7, 2003, which provides a twenty-one (21) day noticing period. The proposed Notice of Intent to Vacate Resolution contained herewith sets in motion a number of administerial activities that are required to occur prior to the public hearing. The City Council makes its decision whether or not to approve the proposed vacations during the public hearing. The activities include posting notices at the proposed street and publishing a public hearing notice in the newspaper. Utility purveyors in the City have already been notified of the proposed street vacations, and the Planning Commission made a General Plan consistency finding approving the proposed vacations at its November 26, 2002 meeting. This Resolution declares the City's intent to vacate the subject portions of right-of-way. It is not the final act with regard to the vacation process; however, it takes action that officially initiates a proposed street vacation for consideration. A public hearing must be held before the vacation can be approved, which is scheduled for January 7, 2003. 'California Streets and Highways Code, commencing with Section 8300, which is entitled the Public Streets, Highways, and Service Easements Vacation Law. 0U4- T:AP W DEPT\COUNCIL\2002\021203e FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council declaring the City Council's intent to vacate portions of Madison Street between Avenue 58 and Avenue 60 for street purposes; or 2. Do not adopt a Resolution of the City Council declaring the City Council's intent to vacate portions of Madison Street between Avenue 58 and Avenue 60 for street purposes; or 3. Provide staff with alternative direction. Respectfully submitted, jm othy R. asso , E. Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Proposed street alignment 2. Legal description of the right-of-way to be vacated 3. Plat of the right-of-way to be vacated 003 T:APWDEPT\COUNCIL\2002\021203e RESOLUTION 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA DECLARING ITS INTENTION TO VACATE PORTIONS OF MADISON STREET BETWEEN AVENUE 58 AND AVENUE 60 CASE NO. RW-V 2002-011 WHEREAS, the Public Streets, Highways, and Service Easement Vacation Law, commencing with Section 8300 of the Streets and Highways Code of the State of California empowers City Councils with the authority to vacate Street Right -of -Way within its jurisdiction that are found unnecessary for present or prospective public street purposes, and WHEREAS, the City Council is required by law to adopt a resolution declaring its intention to vacate the subject portion of Right -of -Way at least 15 days prior to conducting a public hearing regarding the proposed street vacation, and WHEREAS, the City Council is required to conduct the public hearing to hear evidence presented by any interested party prior to approving or rejecting the proposed street vacation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: SECTION 1 . Pursuant to the procedure prescribed in Chapter 3 of the Public Streets, Highways, and Service Easement Vacation Law, the City Council of the City of La Quinta declares its intention to vacate portions of Madison Street between Avenue 58 and Avenue 60, more specifically described in Attachments 2 and 3, with the proposed new street alignment shown in Attachment 1. SECTION 2. A public hearing will be conducted on the 7th day of January 2003, at 7:00 P.M. in the La Quinta City Council Chambers, 78-495 Calle Tampico, La Quinta, California, at which time all persons interested in or objecting to the proposed vacation will be heard. SECTION 3. The City Clerk shall cause this Resolution to be published at least fifteen days before the date set for the hearing. SECTION 4. The City Clerk shall cause this Resolution to be posted within fifteen days before the date set for the hearing in three (3) public places established by the City Council. " . J 004 T:\PWDEPT\STAFF\Paisley\vacation'project\RW-V 2002-11.wpd\Intent to Vacate Resolution'Madison St.wpd �'"�' RESOLUTION 2002- Page 2 SECTION 5. The Public Works Director shall cause this Resolution and Attachments to be conspicuously posted in the proposed vacation area at locations not more than 300 feet apart, as least two weeks prior to the public hearing scheduled for January 7, 2003. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3`d day of December 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California 0055 T:\PWDEPT\STAFF\Paisley\vacation'project\RW-V 2002-11.wpd\Intent to Vacate Resolution'Madison St.wpd ATTACHMENT 1 8[1K18AV U1913 I 607 ATTACHMENT 2 EXHIBIT "A" MADISON STREET VACATION THE WEST 30.00 FEET OF SECTION 27, TOWNSHIP 6 SOUTH, RANGE 7 EAST SAN BERNARDINO MERIDIAN EXCEPTING THEREFROM THE NORTHERLY AND SOUTHERLY 30.00 FEET. THE EAST 30.00 FEET OF SECTION 28, TOWNSHIP 6 SOUTH RANGE 7 EAST SAN BERNARDINO MERIDIAN, TOGETHER WITH THE WESTERLY 20.00 FEET OF LOT "A" OF TRACT 3686 AS FILED IN BOOK 60 OF MAPS AT PAGES 12 AND 13, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA: EXCEPTING THEREFROM THE NORTHERLY 30.00 FEET OF SAID EAST 30.00 FEET OF SECTION 28. ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 28; THENCE N 000 17' 42" E ALONG THE EAST LINE OF SAID SECTION 28 A DISTANCE OF 586.74 FEET TO THE BEGINNING OF A NON -TANGENT CURVE AND BEING THE POINT OF BEGINNING. (THE BEGINNING RADIAL BEARS N 77° 33' 15" W); THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 2,455.00 FEET THROUGH A CENTRAL ANGLE OF 3° 58' 02" AN ARC LENGTH OF 169.99 FEET TO THE WESTERLY LINE OF THE EAST 30.00 FEET OF SAID SECTION 28 AND THE POINT OF TERNHNATION. ALSO EXCEPTING THEREFROM THE FOLLOWING: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 28: THENCE N 0017' 42" E ALONG THE EAST LINE' OF SAID SECTION 28 A DISTANCE OF 1,001.61 FEET TO THE BEGINNING OF A NON -TANGENT CURVE AND THE POINT OF BEGINNING. (THE BEGINNING RADIAL BEARS S 20° 25' 36" E); THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 180.00 FEET THROUGH A CENTRAL ANGLE OF 160 21' 36" AN ARC LENGTH OF 51.40 FEET TO THE WESTERLY LINE OF SAID LOT "A"; THENCE N 000 17' 42" E ALONG THE WESTERLY LINE OF SAID LOT "A" A DISTANCE OF 60.26 FEET TO THE BEGINNING OF A NON -TANGENT CURVE. (THE BEGINNING RADIAL BEARS S 60 15' 18" E); THENCE NORTHEASTERLY ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 120.00 FEET THROUGH A CENTRAL ANGLE OF 240 35' 10" AN ARC LENGTH OF 51.49 FEET TO THE BEGINNING OF A REVERSE CURVE; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 180.00 FEET THROUGH AN ANGLE OF 00 36' 28" AN ARC LENGTH OF 1.91 FEET TO THE EAST LINE OF SAID SECTION 28; THENCE S 000 17' 42" W ALONG THE EAST LINE OF SAID SECTION 28 A DISTANCE OF 66.62 FEET TO THE POINT OF BEGINNING. vr,VESS/ON ,J �LA O ;z CL to. 20r.0 7 MAPICH 31, 2004 sry CIVIC ��� lF OF C n� �� J a 008 EXHIBIT "B 77 ATTACHMENT 3 CORAL MOUNTAIN MADISON STREET VACATION 58TH AVENUE M M� I � 6=03'58'02'. V R= 2455.00 L=169.99 T=85.03 w w z 0 0 a N 00'17'42"E 419.87 N 77 33 15 N 00'05'35"E 2652.54 N 81.31'17"yy (R) N 00'17'42"E 586.74 0' o 77 j30' 60TH A N N 89'30'53"E 30.00 DETAIL "B 7f NTS 0 3 30' 0 Z u, Z J H=- V) X Z 0 w P_ U w J U CD z T x ui N 00'17'42 E_/ 2721.54 a S 1 /16 LINE SEC 287 -0 CTE CB s o 50' 4 3 2 6 7 /8 , CALL%E CONcC�HITA 5 r1 ° l°JQ/ 2°11J SEEI DETAIL "A" TO RIGHT ,- SEE I DETAIL "B" ABOVE w W E-4 U) li� 30' Q�pFESSipNA O ! LLJ c o.26662 z ARCH 31, 2004 civ F OF CA��r0�1\ Sl VICINITY MAP NTS SECTION 27. TGS. RX SBY S 30'50'28_E (R) 1 aI 0=24'5'10"� 0=00'36'28" R=120.0 oL=51.49 R=180.00 L=1.91 T=26.15 T=0.95 S 5 06_1'18"E-IR N 30'04'53"W (R) N 00*17'42"E N 00'17'42"E 60.26 66.62 CALLE CONCHITA LOT "B" S 20'25'35'E R3 — S 04_03_59"E-(R� I I w t. ui 0=16'21'36" R=180.00 L=51.40 w �� T=25.87 0 8 0�o o a 0 Z - 2 �- 2-2 60TH AVENUE DETAIL "A" NTS 60TH AVENUE-9 T-vy 4 .fwQ" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 3, 2002 CONSENT CALENDAR: I 3 ITEM TITLE: STUDY SESSION: Adoption of a Resolution Accepting PUBLIC HEARING: a Cash Donation from Rosenow Spevacek Group Inc. for the Employee Recognition Banquet RECOMMENDATION: Adopt a Resolution of the City Council accepting a cash donation from Rosenow Spevacek Group (RSG) for the Employee Recognition Banquet. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 26, 2002, RSG offered the City of La Quinta a cash donation of $300.00 to be used for the Employee Recognition Banquet. This donation will be used for the purchase of door prizes. The Banquet will be held on December 14, 2002, at the La Quinta Mountain and Dunes Club House. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council accepting a cash donation from RSG for the Employee Recognition Banquet; or 2. Do not adopt a Resolution of the City Council accepting a cash donation from RSG for the Employee Recognition Banquet; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager a RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCEPTING A CASH DONATION FROMROSENOW SPEVACEK GROUP, INC., FOR THE EMPLOYEE RECOGNITION BANQUET WHEREAS, on November 26, 2002, Rosenow Spevacek Group, Inc., generously offered a cash donation of $300.00 to the City for the Employee Recognition Banquet, to be held December 14, 2002 at the La Quinta Mountain and Dunes Club House in La Quinta, California; and, WHEREAS, the gift was donated to the City and its personnel and was not given to or limited to the use of any particular employee or official; and, WHEREAS, it is in the best interest of the City to accept the donation and to direct the City Manager to control distribution of the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City of La Quinta hereby accepts the cash donation of $300.00. 2. The City Manager is hereby directed to control distribution of said cash donation. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of December, 2002, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California TWY� 4 atP Q" AGENDA CATEGORY: BUSINESS SESSION. / December 3, 2002 COUNCIL/RDA MEETING DATE: CONSENT CALENDAR: ITEM TITLE• Consideration of City Council Reorganization, Selection of Mayor Pro Tem to Serve a Term as Provided by Resolution No. 98-109 RECOMMENDATION: STUDY SESSION: PUBLIC HEARING: That the City Council select a Mayor Pro Tem to serve a term as provided by Resolution No. 98-109. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The provisions set forth on Page 6 of Resolution No. 98-109, (Attachment 1) require that, in accordance with Government Code Section 36801, the Council shall meet on the Tuesday after each General Municipal Election and choose one of its members as Mayor Pro Tem. Each selection shall be by three or more affirmative votes, and a failure to achieve such total of affirmative votes shall be deemed a selection of the incumbent to remain in office. Each person so selected shall serve until a successor is chosen (at any time) by three or more affirmative votes, provided that at the second regular meeting in November of each odd numbered year, the office of Mayor Pro Tem shall automatically be reconsidered by the Council. Council Member Stanley Sniff was selected by the Council to serve as Mayor Pro Tem in December 2001; however, since a General Municipal Election was held in November of this year, the selection of Mayor Pro Tem is again required. While Government Code Section 36801 spells out the Tuesday after each General Municipal Election as the date to make this selection, it was not scheduled at that time, pending the official certification of results of the November 5, 2002 election. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Select a Mayor Pro Tern to serve a term as provided by Resolution No. 98-109; or 2. Do not select a Mayor Pro Tern to serve a term as provided by Resolution No. 98-109; or 3. Provide staff with alternative direction. Respectfully submitted, June S. Greek, CIVIC City Clerk Approved for submission by: e,;Z Thomas P. Genovese, City Manager Attachment: 1 . Resolution No. 98-109 002 RESOLUTION NO. 98-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES. WHEREAS, Section 2.04.040 of the La Quinta Charter and Municipal Code requires that the City Council adopt Rules of Procedure to govern the conduct of its meetings and any of its other functions and activities, and regulations pertaining thereto; WHEREAS, this resolution supersedes City Council Resolutions No. 93-95, No. 95-30, No. 96-26, No. 97-79, and No. 98-68A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta that Rules of Procedure for City Council meetings and related functions and activities are hereby adopted, to read, as follows: PURPOSE: The purpose and intent of the City Council in adopting the within --- rules shall be to provide directory guidelines relating to the conduct of the public business by or on behalf of the City Council, and in the event of any noncompliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law. 1. MEETINGS 1.1 REGULAR MEETINGS: The City Council of the City of La Quinta shall hold regular meetings in the place specified in the Municipal Code, on the first and third Tuesdays of each month at 2:00 p.m. with public hearings being scheduled for 7:00 p.m. When the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on that day; rather, such meeting shall be held at the same hour on the next succeeding day thereafter that is not a holiday. 1.2 ADJOURNED MEETINGS: Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. 9 + ^* J 004 Resolution No. 98-109 1016/98 Page 2 1.3 SPECIAL MEETINGS: Special Meetings may be called by the Mayor or majority of Council Members on 24-hour notice, as set forth in Section 54956 of the Government Code of the State of California. Only matters contained in the notice may be considered and no ordinances (other than urgency ordinances) may be adopted. Notice of special meetings shall be posted in accordance with Section 1.4. 1.4 NOTICE OF MEETINGS. POSTING OF AGENDAS: The City Clerk, or designee, shall post a meeting agenda in the following three locations at least 72 hours before each regular meeting of the City Council, to wit: (1) the bulletin board in front of the Civic Center; (2) on a public bulletin board located at Albertson's Supermarket on Highway 1 1 1; and (3) the Chamber of Commerce Village office. The City Council finds and determines that all locations are freely accessible to the public and the Council further finds and determines that the City is legally required to post an agenda only at the Civic Center location and this direction to post in all locations is directory only and not mandatory. Following posting of said agenda, the City Clerk or designee, shall sign a declaration of the date and place of the posting of the said agenda and shall retain said declaration of posting as a public record as part of the Council meeting record to which the posting relates. The provisions of this section as to place of posting and declaration of posting shall also apply to the special meeting posting requirements of Government Code 54956. To the extent not required by State law, the provisions hereof are directory only. 1.5 QUORUM: Unless otherwise provided for in the Municipal Code, a majority of the Council shall be sufficient to do business and motions may be passed 2-1 if only 3 attend. The following matters, however, require three affirmative votes: (a) adoption of ordinances, (b) resolutions granting franchises, and (c) orders for payment of money. If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random selection, or by such other impartial and equitable means as the Council shall determine, that number of its disqualified members which, when added to the members eligible to vote, shall constitute a quorum. _ Resolution No. 98-109 10/6198 Page 3 1.6 MEETINGS TO BE PUBLIC: Study Sessions and all regular, adjourned or special meetings of the City Council shall be open to the public, provided, however, the Council may hold closed sessions from which the public may be excluded, which closed sessions shall only be held in accordance with the provisions of the Brown Act (Government Code 54950 etc.). 1.7 CLOSED SESSION MINUTES: Pursuant to Section 54957.2 of the California Government Code, the City Clerk of the City of La Quinta may be required to attend closed session of the City Council and keep and enter in a minute book a record of topics discussed and decisions made at each meeting. The confidentiality of such minutes shall be maintained pursuant to the Government Code. .— 2.1 AGENDA: The Order of Business of each meeting shall be as contained in the Agenda prepared by the City Clerk. The Agenda shall be a listing by topic of the subjects which shall be taken up for consideration in the following order: CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL *PUBLIC COMMENT CLOSED SESSION *PUBLIC COMMENT CONFIRMATION OF AGENDA APPROVAL OF MINUTES ANNOUNCEMENTS PRESENTATIONS *WRITTEN COMMUNICATION CONSENT CALENDAR BUSINESS SESSION *STUDY SESSION *REPORTS AND INFORMATIONAL ITEMS *DEPARTMENTAL REPORTS ' b � 006 Resolution No. 98-109 1016/98 Page 4 *MAYOR AND COUNCIL MEMBERS ITEMS *PUBLIC COMMENT PRESENTATIONS PUBLIC HEARINGS ADJOURNMENT Except with majority consent of the Council, items may not be taken out of order. * These portions of the agenda shall be used for discussion and direction to staff to bring back an item with or without additional information or clarification for final consideration as a business, consent calendar or public hearing item on a future agenda. Alternatively, direction could be given to bring back an item for further discussion on a future agenda in any of these highlighted portions of the agenda. 2.2 DELIVERY OF AGENDA: Barring insurmountable difficulties, the Agenda shall ordinarily be delivered to -" Council Members each Friday preceding the Tuesday meeting to which it pertains. The Agenda shall also be available to the general public at the time it is delivered to the City Council. 2.3 ROLL CALL: Before proceeding with the business of the Council, the City Clerk shall call the roll of the Council Members and the names of those present shall be entered in the minutes. The order of roll call shall be alphabetical with the Mayor called last. 2.4 APPROVAL OF MINUTES: Unless requested by a majority of the City Council, minutes of the previous meeting may be approved without public reading if the clerk has previously furnished each Council Member with a copy thereof. 2.5 PUBLIC HEARINGS: Generally, public hearings shall be conducted in the following order: Hearing opened by Presiding Officer Staff presentation Questions of Staff by Council J t� 00 Resolution No. 98-109 1016/98 Page 5 Public testimony opened by Presiding Officer Public testimony Hearing closed Questions by Council Discussion by Council Action by Council Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda, and the number of persons desiring to speak on an issue, the Presiding Officer may, at the beginning of the hearing, limit testimony, but in no event to less than 3 minutes per individual. Any person may speak for a longer period of time, upon approval of the City Council, when this is deemed necessary in such cases as when a person is speaking as a representative of a group or has graphic or slide presentations requiring more time. Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the City Attorney shall advise the City Council in this regard. 2.6 PUBLIC COMMENT: Pursuant to Government Code 54954.3, each agenda for a regular meeting shall provide an item entitled "Public Comment". The purpose of such item shall be to provide an opportunity for members of the public to directly address the City Council on items of interest to the public that are within the subject matter jurisdiction of the City Council. In order to assure that the intent of Government Code 54954.3 is carried out, three (3) minutes is the amount of time allocated for each individual speaker. Government Code 54954.2 provides that no action shall be taken on any item not appearing on the agenda unless the action is authorized by Government Code 54954.2 (b). On items of public comment or discussion, any matter raised by the public which does not specifically appear on the agenda shall, upon direction of any Council Member, be automatically referred to the staff or placed on the next meeting's agenda. It is hereby determined that such requests or direction by a Council Member shall not be considered action taken by the Council on said item raised by the public. Further, Council discussion of the matter shall not be considered action taken. 2.7 CONSENT AGENDA: Items of routine nature, and non -controversial, shall be placed on the consent agenda. All items may be approved by one blanket motion upon unanimous consent. t e 0% P �`, 008 Resolution No. 98-109 10/6198 Page 6 Prior to, or following review of the consent agenda by the City Manager, any Council Member may request that any item be withdrawn from the consent agenda for separate consideration. However, any Council Member may abstain from voting on any consent agenda, and the City Clerk shall be instructed to record such abstentions in the minutes. 3.1 PRESIDING OFFICER: The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and the Mayor Pro Tempore, the senior Council Member shall preside. If there are two Council Members with equal seniority, then the one who received the highest number of votes in the election shall be the Presiding Officer. In accordance with Government Code Section 36801, the Council shall meet on the Tuesday after each general municipal election and choose one of its members as Mayor Pro Tempore. Each selection shall be by three or more affirmative votes, and a failure to achieve such total of affirmative votes, shall be deemed a selection of the incumbent(s) to remain in office. Each person so selected shall serve until a successor is chosen (at any time) by three or more affirmative votes, provided that at the second regular meeting in November of each odd numbered year, the office of Mayor Pro Tempore shall automatically be reconsidered by the Council. 3.2 CALL TO ORDER: The meeting of the Council shall be called to order by the Mayor, or in his/her absence, by the Mayor Pro Tempore. In the absence of both the Mayor and the Mayor Pro Tempore, the meeting shall be called to order by the senior Council Member as determined in Section 3.1, who shall serve as Presiding Officer. 3.3 PARTICIPATION OF PRESIDING OFFICER: The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members, and he shall not be deprived of any of the rights and privileges of a Council Member by reason of his acting as Presiding Officer. However, the Presiding Officer is primarily responsible —" for the conduct of the meeting. If he desires to personally engage in extended debate on questions before the Council, he should consider turning the Chair over to another member. Resolution No. 98-109 10l6198 Page 7 3.4 QUESTION TO BE STATED: The Presiding Officer shall verbally restate each question immediately prior to calling for the vote. Following the vote the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. 3.5 SIGNING OF DOCUMENTS: The Mayor, or Mayor Pro Tempore, or Acting Presiding Officer, in the absence of the Mayor, shall sign ordinances adopted by the City Council. The City Clerk, or Deputy City Clerk, shall attest to the signature of the Mayor, Mayor Pro Tempore, or the Acting Presiding Officer. 3.6 MAINTENANCE OF ORDER: The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair. • •: �/ 1• •'�less : 4.1 POINTS OF ORDER: The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. 4.2 DECORUM AND ORDER - COUNCIL MEMBERS: (a) Any Council Member desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself to the question under debate. (b) A Council Member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a Point of Order is raised by another Council Member; or unless the speaker chooses to yield to questions from another Council Member. -I 3 CIA Resolution No. 98-109 1016198 Page 8 (c) Any Council Member called to order while he is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he shall be permitted to proceed. If ruled to be not in order, he shall remain silent or shall alter his remarks so as to comply with rules of the Council. (d) Council Members shall accord the utmost courtesy to each other, to city employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. (e) Any Council Member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Council shall require him to so act. (f) Except where specifically authorized by City Council action or for purely ceremonial purposes, no Council Member attending a City commission or committee meeting shall make any statement or give the appearance or indicate in any way that _ he or she is representing the City. When making a comment at such a meeting, the Council Member should make it clear that he or she is speaking solely as an individual. Unless officially appointed to participate on a committee, Council Members should make an effort not to insert themselves into or take positions on matters which will or are likely to be the subject of public hearings or will be decided upon by the City Council after considering the entire issue. 4.3 DECORUM AND ORDER - EMPLOYEES: Members of the administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall ensure that all City employees observe such decorum. Any staff members, including the City Manager, desiring to address the Council or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Council Member or member of the public. 4.4 DECORUM AND ORDER - PUBLIC: Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending the Council meeting shall be removed from the room if the sergeant -of -arms is so directed by the Presiding Officer, and such person may be barred from further audience before the Council. J i Resolution No. 98.109 10/8/98 Page 9 Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Presiding Officer, who may direct the sergeant -of -arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. 4.5 ENFORCEMENT OF DECORUM: The head of the City's police agency or designee shall be ex-officio sergeant -of - arms of the Council. He shall carry out all orders and instructions given him by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Upon instructions from the Presiding Officer, it shall be the duty of the sergeant -of -arms or his representative to eject any person from the Council Chambers or place him under arrest or both. As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the Council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. 4.6 PERSONAL PRIVILEGE: The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned or impugned. 4.7 CONFLICT OF INTEREST: All Council Members are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the Council. Any Council Member r prevented from voting because of a conflict of interest shall refrain from debate and voting and will be considered absent. Such Council Member may choose to leave the Council Chamber during debate and voting on the issue. �. O1^ Resolution No. 98-109 10/6/98 Page 10 4.8 LIMITATION OF DEBATE: No Council Member normally should speak more than once upon any one subject until every other member choosing to speak thereon has spoken. No member shall speak for a longer time than five minutes each time he has the floor, without approval of a majority vote of the Council. 4.9 DISSENTS AND PROTESTS: Any member shall have the right to express dissent from or protest to any action of the Council and have the reason entered in the minutes. If such dissent or protest is desired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reasons ... " 4.10 PROCEDURES IN ABSENCE OF RULES: In the absence of a rule herein to govern a point or procedure, Robert's Rules of Order, Newly Revised, shall be used as a guide. 4.11 RULINGS OF CHAIR FINAL UNLESS OVERRULED: In presiding over Council meetings, the Mayor, Mayor Pro Tempore or temporary Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the Council Members present and voting. • >, ■141016111 5.1 MANNER OF ADDRESSING THE COUNCIL: Any member of the public desiring to address the Council shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he shall state his name and address for the record. All remarks and questions shall be addressed to the Chair and not to any individual Council Member, staff member or other person. During a public hearing, all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. Resolution No. 98-109 10/6/98 Page 11 5.2 TIME LIMITATION: For time limitation applicable to public hearings and public comment, see Sections 2.5 and 2.6. 5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE: After a motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission by a majority vote of the Council. 5.4 LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS: The making of oral communications to the Council by any member of the public during the "Public Comments" portion of the agenda shall be subject to the following limitations: At any time, before or after the oral communication is commenced, the Presiding Officer may if he deems it preferable, direct that the communication be made instead either to the City Manager or other appropriate staff member during regular business hours, or in writing for subsequent submittal to Council Members. 5.5 PERSONS AUTHORIZED TO BE WITHIN PLATFORM: No person except City Officials shall be permitted behind the City Council dais without permission or consent of the Presiding Officer. 6.1 PROCESSING OF MOTIONS: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. 6.2 MOTIONS OUT OF ORDER: The Presiding Officer may at any time, by majority consent of the Council, permit a member to introduce an ordinance, resolution, or motion out of the regular agenda order. 014 ResokWon No. 98-109 "- 1016198 Page 12 6.3 DIVISION OF QUESTION: If the question contains two or more divisional propositions, the Presiding Officer may, and upon request of a member shall (unless appealed), divide the same. 6.4 PROCEDURE OF MOTIONS: When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: (a) Adjourn (b) Fix hour of adjournment (c) Table (d) Limit or terminate discussion (e) Amend (f) Postpone 6.5 MOTION TO ADJOURN: (not debatable) A motion to adjourn shall be in order at any time, except as follows: (a) When repeated without intervening business or discussion. (b) When made as an interruption of a member while speaking. (c) When discussion has been ended, and vote on motion is pending, and (d) While a vote is being taken. 6.6 MOTION TO FIX HOUR OF ADJOURNMENT: Such a motion shall be to set a definite time at which to adjourn and shall be debatable and shall be amendable by unanimous vote. 6.7 MOTION TO TABLE: A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. 015 Resolution No. 98-109 " 10/6198 Page 13 6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 6.9 MOTION TO AMEND: A motion to amend shall be discussed only as to the amendment. A motion to amend an amendment is possible but no additional motions to further amendments may be made. Any amendment shall relate to the original motion and not introduce a different matter. Amendments shall be voted first, then the main motion as amended. Alternatively, the original maker of the main motion may agree to revise the original motion and if the second agrees to second the revised motion, the Council may vote on the main motion as revised. 7.1 VOTING PROCEDURE: In acting upon every motion, the vote shall be taken by electronic voting. In the event the electronic voting machine is not functioning, the vote shall be taken by roll call. The vote on each motion shall then be entered in full upon the record. The order of voting shall be alphabetical with the Mayor voting last. The Clerk shall call the names of all members seated when a roll call vote is ordered or required. Members shall respond 'aye', 'no' or 'abstain'. Every ordinance and any resolutions or orders for franchises or payments of money require three affirmative votes. Any member may change his vote before the next order of business. 7.2 FAILURE TO VOTE: A Council Member who abstains due to reasons of conflict shall, for purpose of the item under consideration, be considered as if absent. A Council Member abstaining for reasons other than conflict shall, be counted as present for purposes of a quorum and such abstentions are counted with the majority. A Council Member who leaves the dais solely to avoid participating in a specific item shall, in absence of a conflict, be counted as if they were present but abstaining and such abstentions are also counted with the majority. 1 M 9 Resolution No. 98-109 10/6/98 Page 14 7.3 RECONSIDERATION: Any Council Member who voted with the majority may move a reconsideration of any action at the same meeting or, within seven (7) calendar days, request to the City Manager or City Clerk that it be agendized for consideration at the following meeting. If the seventh calendar day falls on a holiday, then the deadline shall be the next business day. If the motion to reconsider passes then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements. After a motion for reconsideration has once been acted upon, no other motion for a reconsideration thereof shall be made without unanimous consent of the Council. 7.4 TIE VOTES: Tie Votes shall be lost motions unless an additional motion is made which obtains a majority vote to break the tie. When all Council Members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal. If a tie vote results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council. Notwithstanding the above, if a tie vote results at a time when one or more Council Member(s) are abstaining for reasons other than conflict of interest then, in that instance, the abstention vote shall be counted in favor of the motion thereby breaking the tie vote. 8.1 DEFINITIONS: As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long-term application) are taken by ordinance, whereas more routine business and administrative matters (usually more temporary and transitory in nature) are accomplished by "resolutions". The term "resolution" in its general sense will denote any action taken affirmatively via a vote of the Council, other than one taken by ordinance. As used in this City, however, three terms are in general use to denote such (non -ordinance) actions: "resolution", "minute order", and " motion" (thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding; they just vary in the formality of respective memorialization. The most formal is referred to locally as a "resolution". This, in addition to being referenced in the minutes, will be recorded by a separate document, Resolution No. 98-109 10/6198 Page 15 numbered in sequence and preserved in a separate set of books. Such ,,resolutions" are used in this City for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional "whereas" explanatory material it often recites) to facilitate such future reference and research. A "minute order" as used locally denotes a Council action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. However, sequential numbering shall be assigned to each motion to facilitate indexing. 8.2 RESOLUTIONS PREPARED IN ADVANCE: Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed in Section 7.1, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may require that the resolution be read in full. 8.3 RESOLUTIONS NOT PREPARED IN ADVANCE: Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Manager or the City Attorney to prepare a resolution for presentation at the next Council meeting. 8.4 URGENCY RESOLUTIONS: In matters of urgency, a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in 8.2 above shall be followed. Urgency resolutions shall be avoided except when absolutely necessary; and shall be avoided entirely when resolutions are required by law, in improvement acts, zoning matters, or force account work on public projects. Where the resolution has been drafted in written form, either before or during the meeting, this paragraph shall not be deemed applicable. Resolution No. 98-109 10/6198 Page 16 9.1 INTRODUCTION AND ADOPTION OF ORDINANCES: Ordinances shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. 9.2 EFFECTIVE DATE: All ordinances, except as provided in Section 36937 of the Government Code, —' shall take effect 30 days after adoption, but may be made operative at such later date as may be designated in the ordinance. 9.3 PUBLISHING: It shall be the duty of the City Clerk to post or publish all ordinances in accordance with section 36933 of the Government Code within 15 days after adoption. 10. POI "ICAL ACTIVITIES (A) Council Members shall not use, or attempt to use, their position, office or authority to influence, aid or obstruct any City employee from securing any position, nomination, confirmation or promotion, or change in compensation or position in the City upon consideration or condition that the vote or political influence or action of such person or another shall be given or used in behalf of, or withheld from, any candidate, officer, or party, or upon any other corrupt condition or consideration. This prohibition shall apply to urging or discouraging the individual employee's action. (B) A Council Member or candidate shall not, directly or indirectly, solicit political funds or contributions, knowingly, from other officers or employees of the local agency or from persons on an employment list of the City, with the �" a, 0 1. 1 Resolution No. 98-109 1016198 Page 17 knowledge that the person from whom the contribution is solicited is an officer or employee of the City. This section shall not prohibit the Council Member from requesting political contributions from officers or employees of the City if the solicitation is part of a solicitation made to a significant segment of the public which may include officers of employees of the City. (C) No Council Member or candidate shall engage in political activity during working hours in City officers or work areas where such activity would disrupt the workplace. For purposes of this section, City offices or work areas includes the areas behind the public counters, but excludes the Council Chambers and Council Member offices. 11. RULES DIRECTORY To the extent not required by State laws, these rules of procedure shall be considered directory only; and compliance herewith shall not be considered mandatory or jurisdictional. PASSED, APPROVED and ADOPTED this 6'h day of October 1998 by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None ri a 1-4, JOH ENA' Maor City of La Quinta, California ! " ., 610 140 r L L eiujoi!Ie0 'eluinc) el }o 40 Aeuiouv Ai!0 '1-1MUNOH '0 NMdd 6v�vy Y7- rrw7/ C) WUO-4 01 Sid 43AOaddV e!uaople0 'e}umD BI }o AID I-pa10 Aio 'b-l0 nr '-I VHC]Nnv 15311V S L 068d 861910 L 6OL-86 'ON UOVIosaa T4ht 4 4a Q" AGENDA CATEGORY: BUSINESS SESSION. COUNCIL/RDA MEETING DATE: December 3, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Filling City Council Vacancy PUBLIC HEARING: by Appointment or by Calling a Special Election RECOMMENDATION: That the City Council determine the method for filling the City Council vacancy based upon the alternatives set forth in Government Code Section 36512 and implement the chosen method within thirty (30) days. FISCAL IMPLICATIONS: The cost of a Special Election would be approximately $15,931.00 which is determined by the number of registered voters within the City. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Government Code Section 36512 provides the method for filling vacancies occurring in elective positions. The Council has 30 days from December 3, 2002 (date of seating newly -elected officers) to fill the Council vacancy by appointment (January 2, 2003), or to call a special election. The law further provides that if an election is called, that it be held at the next regularly scheduled election date not less than 114 days from the call of the election. The next regularly scheduled election dates are March 4, June 3, and November 4, 2003. Therefore, the earliest date Council could call an election would be June 3, providing it is called prior to January 2, 2003. Government Code Section 36512 also provides that the Council may enact an ordinance allowing appointment of an individual who would serve only until the date of such special election. A Resolution calling a Special Election for June 3, 2003, is attached should the Council wish to do so. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Make an appointment to fill the City Council vacancy ( term to expire November 2004), on or before January 2, 2003; or 2. Call a special election; or 3. Call a special election and appoint an individual to serve until said election; or 4. Provide staff with alternative direction. Respectfully submitted, June S. Greek, CIVIC City Clerk Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Resolution Calling and Giving Notice of Special Election pursuant to Government Code § 36512 (0 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2003, TO FILL A VACANCY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, a vacancy in the Office of the City Council was created by the election of Council Member Adolph to the Office of Mayor; and WHEREAS, the term of office in which the vacancy has occurred ends November 2004; and WHEREAS, under the provision of the laws relating to general law and charter cities in the State of California, a Special Municipal Election shall be held on Tuesday, June 3, 2003, for the purpose of electing one (1) member of the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the Riverside County Board of Supervisors is hereby requested to allow the County Registrar of Voters Office to provide certain services in conjunction with said Special Municipal Election to be held on June 3, 2003 for the election of one (1) member of the City Council. Said services to include establishment of polling places and election officers, printing and furnishing ballots, canvassing the returns, and providing a certificate of canvass and any other such services as necessary to the conduct of an election. SECTION 2. That the City of La Quinta agrees to reimburse Riverside County, upon presentation of a bill, for services performed when work is completed. SECTION 3. That the City Clerk is hereby directed to file a certified copy of this resolution with the Registrar of Voters of Riverside County. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held this 3rd day of December, 2002 by the following vote: Resolution No. 2002- Calling Special Election / June 3, 2003 Adopted: December 3, 2002 Page 2 AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 004 6tv o/ 4Qur«rw AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: BUSINESS SESSION: 3 ITEM TITLE: CONSENT CALENDAR: Consideration of an Appointment to the STUDY SESSION: Coachella Valley Economic Partnership PUBLIC HEARING: Executive Board RECOMMENDATION: Approve the selection of a member of the City Council to serve on the Executive Board of the Coachella Valley Economic Partnership. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On July 16, 2002, the City Council considered an item in relation to elected representation on the Executive Board of the Coachella Valley Economic Partnership (CVEP). The staff report presented at that time (Attachment 1) was accompanied by a letter from CVEP which explained that an amendment to the CVEP bylaws provided for two municipal elected officials on the Executive Board. As part of a rotation schedule, CVEP invited the City of La Quinta to designate a member of the City Council to serve on their Executive Board (from October 1, 2002 to September 30, 2003). The Council designated Mayor John Pena. Staff is bringing this item before the Council, once again, for the selection of a new member. The CVEP Executive Board meets once per month on the second Monday of the month from 7:30 a.m. to 8:30 a.m. at the Coco's Restaurant in Palm Desert. The next meeting is scheduled for December 9, 2002. J F j FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the selection of a member of the City Council to serve as a member of the Executive Board of the Coachella Valley Economic Partnership; or 2. Do not approve the selection of a member of the City Council to serve as a member of the Executive Board of the Coachella Valley Economic Partnership; or 3. Provide staff with alternative direction. Respectfully submitted, June S. Greek, CIVIC City Clerk Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Staff Report on CVEP Appointment (July 16, 2002) 1 ATTACHMENT 1 T4ht 4 4a Quint AGENDA CATEGORY: BUSINESS SESSION: �- COUNCIL/RDA MEETING DATE: July 16, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of an Appointment to the PUBLIC HEARING: Coachella Valley Economic Partnership Executive Board RECOMMENDATION: Approve the selection of a member of the City Council to serve on the Executive Board of the Coachella Valley Economic Partnership. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: ►112rma- BACKGROUND AND OVERVIEW: The Coachella Valley Economic Partnership (CVEP) approved a bylaw amendment in June 2001. The amendment called for two elected representatives from each end of _the Coachella Valley to serve on CVEP's Executive Board. Attachment 1 is a letter dated June 21, 2002 from Michael Bracken, President of CVEP, inviting the City of La Quinta to designate an elected official to serve on the Board as one of the two East Valley representatives. For Fiscal Year 2002-2003 (October 1, 2002 - September 20, 2003), the cities of La Quinta and Rancho Mirage have first option to appoint an elected official to CVEP's Executive Committee. FINDINGS AND ALTERNATIVES The alternatives available to the City Council include: 1 . Approve the selection of a member of the City Council to serve as a member of the Executive Board of the Coachella Valley Economic Partnership, or; 2. Do not approve the selection of a member of the City Council to serve as a member of the Executive Board of the Coachella Valley Economic Partnership, or; 3. Provide staff with alternative direction. Respectfully submitted, Jun reek, CMC City Clerk Approved for submission by: O Thomas P. Genovese, City Manager Attachments: 1. Letter from Michael Bracken dated June 21, 2002 ATTACHMENT 1 Coachella Valley`�� �r Economic Partnership - ,3-710 Fred Waring Drive, Suite 205 • Palm Desert. CA 92260 • 7e0 340-157/5 or 1-SOU-5Ub-1007 • Fay 760.340-y21' June 21, 2002 Mayor John Pena City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 RE: MUNICIPAL APPOINTMENTS TO COACHELLA VALLEY ECONOMIC PARTNERSHIP'S EXECUTIVE COMMITTEE Dear Mayor Pena: At the June 2001 CVEP Board of Directors' Meeting an amendment to our bylaws was ratified providing for two municipal elected officials to be added to the CVEP Executive Committee. Subsequent to this action, a random rotation of municipalities was created so that all ten jurisdictions and the two tribal governments have equal opportunity to participate. For Fiscal Year 2002-2003 (October 1, 2002 — September 30, 2003), the cities of La Quinta and Rancho Mirage have first option to appoint an elected official to CVEP's Executive Committee. Time commitments for the Committee are actually relatively minor. We ask that the appointee be available for one (1) Executive Committee Meeting monthly and one (1) Board of Directors Meeting monthly. As of now, the Executive Committee meets the second Monday from 7:30-8:45 a.m. at Coco's Palm Desert and the Board meets on the third Tuesday from 7:30-8:30 a.m. at CVAG's Board Room. We know you agree that CVEP's efforts are vital to expanding and diversifying the economy of our Desert Paradise without compromising our quality of life. Your participation is important and needed. We respectfully ask you to consider this item at your next city council meeting. If you wish for a CVEP staff member to be present or have questions about this request, please give us a call at (760) 340-1575 or email at Michaelncvep.com. Sincerely, Michael Bracken President and Chief Executive Officer Cc: Tom Genovese, City Manager 006 BUSINESS SESSION ITEM: ORDINANCE NO. 379 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 1.09 TO TITLE 1 OF THE MUNICIPAL CODE RELATING TO ADMINISTRATIVE CITATIONS WHEREAS, the City of La Quinta seeks to maintain and enhance the property values of its citizens whenever possible, and; WHEREAS, properties maintained in conformance with of the Municipal Code will help to achieve that goal, and; WHEREAS, an administrative citation program has proven to be an effective compliance tool in many California jurisdictions, NOW, THEREFORE, The City Council of the City of La Quinta, California, does hereby ordain as follows: SECTION 1: That Title 1, Chapter 1.09 is hereby adopted to read as follows: CHAPTER 1.09 ADMINISTRATIVE CITATION SECTIONS: 1.09.005 Scope 1.09.010 Definitions 1.09.020 Authority 1.09.030 Service Procedures 1.09.040 Contents of Notice 1.09.050 Satisfaction of Administrative Citation 1.09.060 Appeal of Administrative Citation 1.09.070 Hearing Officer 1.09.080 Hearing Procedures 1.09.090 Administrative Order 1.09.100 Failure to Pay Fines 1.09.110 Right to Judicial Review 1.09.120 Notices Ordinance No. 379 Chapter 1.09 / Administrative Citation Adopted: December 3, 2002 Page 2 1.09.005 Scope The procedures established in this Chapter shall supplement and be in addition to any criminal, civil or other remedy established by law or under the provisions of this Code which may be pursued to address any violation addressed in this Chapter. Use of the enforcement procedures set forth in this Chapter shall be at the sole discretion of the City. 1.09.010 Definitions For the purposes of this chapter: A. The term "responsible person" means any natural person, the parent or the legal guardian of any natural person under the age of eighteen (18) years, any corporation, association, organization, estate, group, combination acting as a group, or any officer, agent, employee, or servant of any of the foregoing, that cause or maintain a violation(s) of the La Quinta Municipal Code, any Code adopted by the City Council, applicable State laws or condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this Code or any adopted Code. B. The term "Enforcement Officer" means any individual employed or otherwise charged by the City to enforce codes, ordinances, mandates, regulations, resolutions, rules or other laws adopted by the City. C. The term "issued" means giving, mailing or posting a Notice of Administrative Citation to a responsible person. A Notice of Administrative Citation is deemed "issued" on the date when the notice is personally served on the responsible person, the date of mailing or the date of posting. 1.09.020 Authority A. Any person or entity violating any provision of the La Quinta Municipal Code or applicable State law may be issued an Administrative Citation by an Enforcement Officer as provided in this Chapter. A violation of this Code includes, but is not limited to, all violations of the Municipal Code or other Codes adopted by the City Council, or failure to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this Code or any adopted Code. 1 Ordinance No. 379 Chapter 1.09 / Administrative Citation Adopted: December 3, 2002 Page 3 B. Each and every day a violation of the Municipal Code or applicable State law exists constitutes a separate and distinct offense. C. A civil fine shall be assessed by means of an Administrative Citation issued by an Enforcement Officer and shall be payable as instructed on the Administrative Citation. D. Fines shall be assessed in the amounts specified by ordinance of the City Council, and shall not exceed the following: (1) A fine not exceeding one hundred dollars ($100.00) for a first violation; (2) A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance or permit within one year from the date of the first violation; and (3) A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance or permit within one year from the date of the first violation. 1.09.030 Service Procedures A. An Administrative Citation may be issued by an Enforcement Officer to the responsible person for violation(s) of the Municipal Code, any Code adopted by the City Council or any applicable State law in the following manner. (1) Personal Service. In any case where an Administrative Citation is issued: i. The Enforcement Officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the Administrative Citation. ii. If the responsible person served fails or refuses to sign the Administrative Citation, the failure or refusal to sign shall not affect the validity of the Administrative Citation or of subsequent proceedings. B. Service of Citation by Mail. If the Enforcement Officer is unable to locate the responsible person, the Administrative Citation shall be mailed to the responsible person by certified mail, postage prepaid with return receipt requested. .i a Ordinance No. 379 Chapter 1.09 / Administrative Citation Adopted: December 3, 2002 Page 4 Simultaneously, the citation may be sent by first class mail. Service shall be deemed complete at the time the citation is deposited in the mail if addressed to the responsible person's last known address. C. Service of Citation by Posting Notice. If the Enforcement Officer does not succeed in serving the responsible person personally or by certified or first class mail, and the City has knowledge that the responsible person has a legal interest in real property located in the City, the Enforcement Officer shall post the Administration Citation on said real property and such posting shall be deemed effective service. 1.09.040 Contents of Notice A. Each Administrative Citation shall contain the following information: (1) Date and approximate time of the violation(s); (2) Address or definite description of the location where the violation(s) was observed; (3) Name and current residential address and mailing address, if known, of person or entity alleged to have committed the violation(s); (4) The Code section(s) or condition(s) violated and a brief description of the violation(s); (5) The amount of the fine for the violation(s); (6) An explanation of how the fine shall be paid and the time period by which it shall be paid; (7) Identification of appeal rights, including the time within which the Administrative Citation may be contested and how to obtain a Request for Hearing form to contest the Citation; and (8) The name and signature of the Enforcement Officer and, if possible, the signature of the responsible person. Ordinance No. 379 Chapter 1.09 / Administrative Citation Adopted: December 3, 2002 Page 5 1.09.050 Satisfaction of Administrative Citation A. Upon receipt of a Citation, the responsible person must do the following: (1) Pay the fine within fifteen (15) calendar days from the date the Administrative Citation is issued. Responsible persons shall pay all fines assessed as instructed on the Administrative Citation. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the City. If the responsible person fails to correct the violation(s) subsequent to the Administrative Citation, the City may issue further Citations for the same violation(s) or the City may choose to utilize another means of enforcement. The amount of the fine for failure to correct the violation(s) for each additional occurrence shall increase at a rate specified in this Chapter or by Ordinance. 1.09.060 Appeal of Administrative Citation A. Any recipient of an Administrative Citation may contest that there was a violation(s) of the La Quinta Municipal Code or that he or she is the responsible person by completing a Request for Hearing form and returning it to the address stated on the form within fifteen (15) calendar days from the issue date of the Administrative Citation, together with an advanced deposit of the full amount of the fine. Any Administrative Citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person or entity charged in the Administrative Citation was not responsible for the violation(s) or that there was no violation(s) as charged in the Administrative Citation. 1.09.070 Hearing Officer A. The Director of Building and Safety shall appoint a person or contract an agency to provide a person who shall preside at the hearing and hear all facts and testimony presented and deemed appropriate ("Hearing Officer"). B. The employment, performance, evaluation, compensation, and benefits of the Hearing Officer, if any, shall not be directly or indirectly conditioned on or in any way related to the results of prior decisions issued by said Hearing Officer. Ordinance No. 379 Chapter 1.09 1 Administrative Citation Adopted: December 3, 2002 Page 6 C. Any person designated to serve as a Hearing Officer is subject to disqualification for bias, prejudice, interest or for any other reason for which a judge may be disqualified pursuant to Code of Civil Procedure Section 170.1. The responsible person may challenge the Hearing Officer's impartiality by filing a statement with the City's Director of Building and Safety or the City's designee objecting to the Hearing Officer and setting forth grounds for disqualification. The question of disqualification shall be heard and determined in writing by the City's designee within ten (10) calendar days following the date which the disqualification statement is filed. 1.09.080 Hearing Procedure A. No hearing to contest an Administrative Citation before a Hearing Officer shall be held unless both a Request for Hearing form has been completed and submitted and the fine for the Citation has been deposited in advance. B. A hearing before the Hearing Officer shall be set for a date that is not less than fifteen (15) calendar days but no more than ninety (90) calendar days from the date that the Request for Hearing is filed in accordance with the provisions of this Chapter. The responsible person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) calendar days prior to the date of the hearing. C. The Hearing Officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the recipient of the Administrative Citation has caused or maintained the violation(s) of the Municipal Code or other applicable State law on the date(s) specified on the Administrative Citation. D. The Administrative Citation and any additional documents submitted by an Enforcement Officer shall constitute prima facie evidence of the facts contained in those documents. E. If the Enforcement Officer submits an additional written report concerning the Administrative Citation to the Hearing Officer for consideration at the hearing, then a copy of this report shall also be served by mail on the responsible person requesting the hearing at least ten (10) calendar days prior to the hearing date. Ordinance No. 379 Chapter 1.09 / Administrative Citation Adopted: December 3, 2002 Page 7 F. At least ten 0 0) calendar days prior to the hearing, the recipient of an Administrative Citation shall be provided with copies of the citations, reports, and other documents submitted or relied upon by the Enforcement Officer. Personal information regarding a reporting party, if any, shall not be disclosed. No other discovery is permitted. Formal rules of the California Evidence Code and discovery shall not apply, except that irrelevant and unduly repetitious evidence may be excluded at the Hearing Officer's discretion. G. The Hearing Officer may continue the hearing and request additional information from the Enforcement Officer or the recipient of the Administrative Citation prior to issuing a written decision. H. The failure of a recipient of an Administrative Citation to appear at the Administrative Citation hearing shall constitute forfeiture of the fine and a failure to exhaust Administrative remedies. 1.09.090 Administrative Order A. Within ten 0 0) working days of the hearing's conclusion, the Hearing Officer shall provide the responsible person with a decision in writing ("Administrative Order"). The Hearing Officer shall provide the responsible person with the Administrative Order by personal service or registered or certified mail to the responsible person's last known address. B. The Hearing Order shall contain the Hearing Officer's findings of fact and conclusions and a statement regarding the procedure described in Section 1.09.110 for seeking judicial review. The decision of the Hearing Officer shall be final except as provided for in Section 1.09.110. C. A decision in favor of the responsible person shall constitute a dismissal of the Municipal Ordinance violation(s). If the Hearing Order renders a decision in favor of the responsible person, the City shall return any monies paid by the responsible person towards the dismissed Administrative Citation. D. If the Hearing Officer renders a decision in favor of the City, the responsible person must comply with the Administrative Order, or seek judicial review of the Administrative Order pursuant to Section 1.09.110. 1 "I") 3 Ordinance No. 379 Chapter 1.09 / Administrative Citation Adopted: December 3, 2002 Page 8 1.09.100 Failure to Pay Fines A. The failure of any person or entity to pay the civil fines assessed by an Administrative Citation may result with the City pursuing any and all legal remedies to collect the civil fines. The City may also move to recover its collection costs according to proof. 1.09.110 Right to Judicial Review A. Any person or entity aggrieved by an Administrative Order of a Hearing Officer on an Administrative Citation may obtain review of the Administrative Order by filing a petition seeking review with the Superior Courts of California, County of Riverside in accordance with the statutes of limitations and provisions set forth in California Government Code Section 53069.4. 1.09.120 Notices A. The Administrative Citation and all notices to be given by this Chapter shall be served on the responsible person in accordance with the provisions of this Chapter and Section 1 .01 .300 of the La Quinta Municipal Code, where applicable. B. Failure to receive any notice specified in this Chapter shall not affect the validity of any proceeding conducted hereunder. SECTION 2: EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3: POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least 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 into 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 this 3rd day of December, 2002, by the following vote: Ordinance No. 379 Chapter 1.09 / Administrative Citation Adopted: December 3, 2002 Page 9 AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California REPORT/INFORMATIONAL ITEM: �5 T4t,t 4 stP Qu&& COMMUNITY SERVICES COMMISSION MINUTES October 14, 2002 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson St. Johns presided over the meeting. Commissioner Calhoun led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Victoria St. Johns Commissioner Michele Boudreau (Arrived at 7:07 p.m.) Commissioner Gary Calhoun Commissioner Mike Davis MEMBERS ABSENT STAFF PRESENT PUBLIC PRESENT: II. PUBLIC COMMENT Commissioner Deborah Bechard Dodie Horvitz, Community Services Director JoAnne Barnes, Community Services Secretary Council Member Don Adolph City Council Member Don Adolph asked to address the Commission regarding his comments on attendance at the City's annual Picnic. He complimented the Commission and staff on the success of the 20" Annual Celebration and picnic. He stated how important he believes events of this nature are to the feeling of unity of our citizens. He stated that his hope and intent for the next picnic is to reach even more citizens by communicating the event in as many ways possible. He offered his assistance and asked for ideas to help him accomplish this feat. Mr. Adolph suggested mailers to all the homeowner's associations as one method. He also offered his support for possible additional financial help. III. CONFIRMATION OF AGENDA - Confirmed IV. CONSENT CALENDAR A. Approval of Minutes of September 9, 2002 B. Monthly Department Report for July and August 2002 It was moved by Commissioners Calhoun/Davis to approve the Consent Calendar. 1 > Community Services Commission October 14, 2002 Minutes Page 2. Unanimous. V. PUBLIC HEARING — None. VI. BUSINESS ITEMS A. Culturefest Booth Staff was asked to ensure that sufficient flyers be available at the table for all Community Services Events and excursions. Staff suggested support for the booth would also be forthcoming from the Cultural Arts Commission. Commissioner St. Johns will work Friday night and Commissioners Calhoun and Davis on Saturday night. After discussion a motion was made by Commissioners Calhoun/Davis to man the Culturefest Booth on Friday and Saturday, November 7 & 8, 2002. Unanimous. B. Possible Dog Park Locations Staff advised the Commission of the possible locations within the City. After discussion a motion was made by Calhoun/Davis to recommend to the City Council the location near the Senior Center as the most appropriate choice. Unanimous. C. Possible Skate Park Locations A motion was made by Boudreau/Calhoun to recommend to the City Council a modular skate park be developed at Fritz Burns Park. Unanimous. D. Youth Workshop The October meeting date will be the 24th and staff will call Mr. O'Grady to confirm. A motion was made by Commissioners Boudreau/St. John's to change the meeting date to the 3`d Thursday of the month, beginning November 21. Unanimous. E. November Meeting Date Change A motion was made by Davis/Boudreau to change the November meeting date to November 18. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Tiny Tot Halloween Carnival A discussion resulted in the resolve to check the High School Calendar in future years to avoid conflicting schedules with Homecoming and/or other school events. Boudreau/Calhoun volunteered their assistance for this year's Halloween Carnival. r� S:\COMMUNITY SERVICES\COMMUNITY SERVICES COMMISSION\MINUTESCSC\2002\CSCMIN. 10. 14.02.DOC Community Services Commission Minutes October 14, 2002 Page 3. B. Teen Website The event takes place on Saturday, October 26, at Desert Willow Golf Resort in Palm Desert. One ticket remains available. VIII. COMMISSIONER ITEMS Gary Calhoun voiced his concern over the affordability of teen events. He suggested that funding could be available from the City of Indian Wells for scholarships. A suggestion was made by staff that this might be an excellent learning opportunity for the Youth Workshop. The Commissioners agreed to take this as an item of interest to the next Youth Workshop meeting. IX. ADJOURNMENT It was moved by Commissioners Boudreau/Calhoun to adjourn the Community Services Commission meeting. Unanimous. Meeting adjourned at 8:15 p.m. NEXT MEETING INFORMATION Monday, November 18, 2002 @7:00 PM La Quinta Civic Center Study Session Room Submitted by: Dodie Horvitz, Community Services Director 003 SXOMMUNITY SERVICES\COMMUNITY SERVICES COMMISSION\MINUTESCSC\2002\CSCMIN.10.14.02.DOC DEPARTMENT REPORT: J- 13 T—WT 4 e4� Qum& MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: December 3, 2002 SUBJECT: Department Report — Response to Public Comments The following public comments were made at the November 19, 2002, City Council meeting: 1. Mr. Charlie Coulter, 49-1 1 1 Washington Street, spoke regarding the need for a sound wall along Washington Street in front of The Villas. He understands the City is in the process of doing a sound study and he has signatures of all 40 homeowners in support of a sound wall. No response was necessary at this time. 2. Ms. Lori Shook, 52-661 Avenida Martinez, spoke regarding a notice she received to remove a veranda on the side of her property that has been there for over 20 years. • Mayor Pena requested that Ms. Shook contact staff in the Building Department. Staff contacted Ms. Shook and she agreed to make the necessary adjustments to the patio. DEPARTMENT REPORT: 3- DECEMBER 3 DECEMBER 7 DECEMBER 11 DECEMBER 14 DECEMBER 17 JANUARY 7 JANUARY 21 FEBRUARY 4 FEBRUARY 18 CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING/SWEARING-IN CEREMONY CIVIC CENTER CAMPUS DEDICATION AND ANNUAL TREE -LIGHTING CEREMONY HOLIDAY OPEN HOUSE EMPLOYEE RECOGNITION DINNER CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING MARCH 4 CITY COUNCIL MEETING MARCH 18 CITY COUNCIL MEETING APRIL 1 CITY COUNCIL MEETING APRIL 15 CITY COUNCIL MEETING 1 December 2002 La Quinta City Council Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 6:00 PM CVAG 2:00 PM City 10:00 AM ALRC 3:00 PM - 7:00 PM Civic Center Exec. Cmte.- Council Meeting Campus Pena Dedication 8 9 10 11 12 13 14 6:00 PM League 7:00 PM Mosquito 9:00 AM RCTC- 7:00 PM Cultural of Cities-Riv.Div. Abate. -Perkins Pena Arts Commission 7:00 PM Commu- 7:00 PM Planning „ 6:00 PM Employ- nity Services Commission ee Recognition Commission Dinner 1 1:30 AM - 3:30 PM Holiday Open House 5:30 PM Invest- ment Advisory Board 15 16 17 18 19 20 21 2:00 PM City 3:00 PM Historic Council Meeting Preservation Commission 22 23 24 25 26 27 28 nQ 9:00 AM LAFCO- Henderson 1 st Day of Christmas Eve Christmas Day Winter (CITY HALL (CITY HALL OPEN) CLOSED) 29 30 31 November 02 January 03 S M T W T F S S M T W T F S _3 1 2 1— 2 4 New Years Eve 3 4 5 6 7 8 9 5 6 7 8 9 10 11 (CITY HALL 12 13 14 15 16 17 18 OPEN) 10 11 12 13 14 15 16 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 1 1/26/2002 1 r January 2003 La Quinta City Council Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 December 02 February 03 12:00 PM Mayors Lunch S M T W T F S S MT W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 2 3 4 5 6 7 8 New Years Day 15 16 17 18 19 20 21 9 10 11 12 13 14 15 (City Hall CLOSED) 22 23 24 25 26 27 28 16 17 18 19 20 21 22 29 30 31 11 23 24 25 26 27 28 11 5 6 7 8 9 10 11 2:00 PM City 9:00 AM RCTC- 12:00 PM Energy/ Council Meeting Pena Envi-Sniff 5:30 PM Invest- 7:00 PM Cultural ment Advisory Arts Commission Board 12 13 14 15 16 17 18 10:00 AM Public 7:00 PM Mosquito 3:00 PM Historic Safety -Perkins Abate. -Perkins Preservation 12:00 PM Transp. 7:00 PM Planning Commission -Perkins Commission 6:00 PM League of Cities-Riv.Div. 7:00 PM Commu- nity Services Commission 19 20 21 22 23 24 25 9:00 AM CVB- 12:00 PM CVAG 9:00 AM LAFCO- Henderson Human/Comm- Henderson 2:00 PM City Adolph Council Meeting 4:00 PM DRRA Martin Luther Airp-Henderson King's Birthday (CITY HALL CLOSED) 26 27 28 29 30 31 6:00 PM CVAG- 7:00 PM Planning Exec Com-Pena Commission Printed by Calendar Creator Plus on 11/26/2002 a February 2003 La Quinta City Council Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 January March S M T W T F S S M T W T F S — 1 2 3 4 T 5 6 7 8 9 10 11 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 16 17 18 19 20 21 22 19 20 21 22 23 24 25 23 24 25 26 27 28 29 26 27 28 29 30 31 11 30 31 2 3 4 5 6 7 8 2:00 PM City 10:00 AM ALRC Council Meeting 9 10 11 12 13 14 15 10:00 AM Public 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energy/ Safety -Perkins Abate. -Perkins Pena Envi-Sniff 12:00 PM Transp. 7:00 PM Planning 5:30 PM Invest- 7:00 PM Cultural -Perkins Commission ment Advisory Arts Commission 6:00 PM League Board Valentines Day of Cities-Riv.Div. 7:00 PM Commu- nity Services ' Commission s Lincoln's Birth- day (City Hall Open) 16 17 18 19 20 21 22 9:00 AM Henderson 3:00 PM Historic Preservation 2:00 PM City Commission Council Meeting President's Day Washington's (CITY HALL Birthday CLOSED) 23 24 25 26 27 28 6:00 PM CVAG- 7:00 PM Planning 12:00 PM CVAG 9:00 AM LAFCO- Exec Com-Pena Commission Human/Comm- Henderson Adolph 4:00 PM DRRA Airp-Henderson Printed by Calendar Creator Plus on 11/26/2002 1