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2004 04 20 CCCity Council Agendas are Available on the City's Web Page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting Tuesday, April 20, 2004 - 2:00 P.M. Beginning Resolution No. 2004-49 Ordinance No. 406 CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, Perkins, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: Time permitting; the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when the Agency is considering acquisition of real property. 1. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF A PORTION OF 525 ± ACRES LOCATED AT THE SOUTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET. PROPERTY OWNER/NEGOTIATOR: JOHN FOSTER 00 City Council Agenda ' 1 April 20, 2004 0111 RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS - NONE WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM THE COACHELLA VALLEY ENTERPRISE ZONE. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF APRIL 6, 2004 CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED APRIL 20, 2004. 2. TRANSMITTAL OF TREASURER'S REPORT DATED FEBRUARY 29, 2004. City Council Agenda 2 April 20, 2004 02 3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT DATED FEBRUARY 29, 2004 AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING MARCH 31, 2004. 4. APPROVAL OF A FINANCING AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE CITY OF LA QUINTA FOR CONSTRUCTION OF THE CITY LIBRARY. 5. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH P.W. CONSTRUCTION, INC., FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CITY LIBRARY. 6. APPROVAL OF A REQUEST FOR PROPOSAL TO PROVIDE STREET SWEEPING SERVICES. 7. APPROVAL OF CONTRACT CHANGE ORDER NO. 15 TO LUNDEEN PACIFIC CORPORATION TO MAINTAIN THE LA QUINTA COMMUNITY PARK LANDSCAPING. 8. ADOPTION OF A RESOLUTION APPROVING A STREET CLOSURE PERMIT FOR THE ANNUAL DON BERRY MEMORIAL GREATER COACHELLA VALLEY SOAP BOX DERBY TO BE HELD MAY 1, 2004 ON AVENIDA BERMUDAS. 9. APPROVAL TO FILE A FUNDING REQUEST FORM FOR A CALIFORNIA DEPARTMENT OF CONSERVATION GRANT FOR CONTINUATION OF THE RECYCLING PROGRAM. 10. APPROVAL OF PROJECT APPLICATIONS FOR GRANT FUNDS FOR THE PER CAPITA AND ROBERTI-Z'BERG-HARRIS BLOCK GRANT PROGRAMS UNDER THE CALIFORNIA CLEAN WATAER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002. 11. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR A MEMBER OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES LEGISLATIVE ACTION DAYS CONFERENCE IN SACRAMENTO, CALIFORNIA TO BE HELD MAY 12-13, 2004. BUSINESS SESSION 1. CONSIDERATION OF PUBLIC SAFETY OFFICER SCULPTURE PROPOSALS. A. MINUTE ORDER ACTION 2. CONSIDERATION OF PURCHASE OF A JOHN KENNEDY SCULPTURE. A. MINUTE ORDER ACTION City Council Agenda 3 April 20, 2004 03 3. CONSIDERATION OF AN ORDINANCE DELETING CODE SECTION 8.02.100 (GRADING AND EXCAVATING) AND ADDING CHAPTER 8.80 (GRADING) TO THE CITY CHARTER AND MUNICIPAL CODE. A. CALL UP ORDINANCE READ BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B. INTRODUCE ORDINANCE ON FIRST READING. 4. CONSIDERATION OF A RELOCATION PLAN FOR THE VISTA DUNES MOBILE HOME PARK PROJECT A. MINUTE ORDER ACTION STUDY SESSION 1. DISCUSSION OF RED LIGHT RUNNER PROGRAM. 2. DISCUSSION OF REVISED CONCEPTUAL PLAN FOR VILLAGE PARKING LOT AND PEDESTRIAN CIRCULATION ROUTES THROUGH THE VILLAGE. REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2.. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (HENDERSON) 5. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 6. C.V. MOUNTAINS CONSERVANCY (SNIFF) 7. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (OSBORNE) 8. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 9. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY HENDERSON) 10. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TYLER) 11. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 12. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 13. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 14. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 15. CULTURAL ARTS COMMISSION MINUTES OF MARCH 4, 2004 16. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE MINUTES OF MARCH 3, 2004 17. HISTORIC PRESERVATION COMMISSION MINUTES OF MARCH 25, 2004 18. PLANNING COMMISSION MINUTES OF MARCH 9, AND MARCH 23, 2004 City Council Agenda 4 April 20, 2004 04 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY A. REPORT ON NEGOTIATIONS BETWEEN MADISON DEVELOPMENT, LLC AND PROPERTY OWNERS FOR TRAFFIC SIGNAL AND INTERSECTION RIGHT-OF-WAY ACQUISITION 3. CITY CLERK A. REPORT ON UPCOMING EVENTS B. CITY COUNCIL SUMMER SCHEDULE 4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT FOR MARCH, 2004 5. COMMUNITY DEVELOPMENT DIRECTOR'S MONTHLY REPORT FOR MARCH, 2004 6. COMMUNITY SERVICES DIRECTOR'S REPORT FOR MARCH, 2004 7. FINANCE DIRECTOR'S REPORT NONE 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT FOR MARCH, 2004 9. POLICE CHIEF'S MONTHLY REPORT FOR MARCH, 2004 MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING PARKING ON CALEO BAY DRIVE (REQUESTED BY MAYOR ADOLPH). RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. 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 time clock on the speaker's podium. PRESENTATIONS - NONE City Council Agenda 5 April 20, 2004 05 PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta City Council before a public hearing may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. CONTINUED PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION APPROVAL OF SITE DEVELOPMENT PERMIT 2004-797, CONDITION NO. 21.A.1.b. REGARDING A DECELERATION LANE REQUIREMENT. APPLICANT DR. MATTHEW WERNER. A. MINUTE ORDER ACTION ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on May 4, 2004 commencing with closed session at 2:00 p.m. and open session at 3:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, and CA 92253. DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of Tuesday, April 20, 2004, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Stater Bros. 78-630 Highway 111, on Friday, April 16, 2004. S DATED: April 16, 2004 JUNE S. GREEK, CMC, City Clerk City of La Quinta, California City Council Agenda 6 April 20,. 2004 06 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, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. 0% City Council Agenda 7 April 20, 2004 April 5, 2004 Mayor Don Adolph City of La Quinta 78- 495 Calie Tampico La Quinta CA 92253 WRITTEN CORRESPONDENCE ITEM: I � APR 12&r 20Q4 W Mayor Don Adoph: 760-391-5176 $00-551-1111 I am writing to solicit your support of SB 1179 (Ducheny) which will extend the life of FAX I60-391.5178 the Coachella Valley Enterprise Zone for an additional 5 years. 5 3-9 90 ENTERPRISE WAY California law stipulates that Enterprise Zones will "Sunset" after 15 years - unless SUITE 13 extended by the State Legislature. Hearings are now underway in Sacramento to do just C OAC H E L LA CA 92236 that. However, Its not going to be easy. Last year the state senate voted down a similar Bill, claiming that Enterprise Zones were just a give-away program for large www.cvezo.com corporations. Nothing could be further from the truth. The Coachella Valley Enterprise arezo@od.com Zone users have been companies hiring primarily between 5 and 20 employees. We are in the process of receiving resolutions from the Indio and Coachella City Councils along with the County Board of Supervisors, and the Chambers of Commerce of Indio and Coachella. Many private businesses are also writing letters of support. In Sacramento, 3 Senate Committee must take action before the Bill gets to the Governor's desk: ➢ Housing and Community Development - Approved unanimously ➢ Revenue and Taxation - Heating scheduled for April 14 ➢Appropriations - Hearing not yet scheduled, but this committee killed the 2003 bill Even though your city is not within the Coachella Valley Enterprise Zone the economic throughout our valley is enormous. Putting people to work in high unemployment areas creates disposable income contributing to general local economy vibrancy. It is interesting to note that, statewide, the cumulative net benefits from all Enterprise Zones to the state for years 1.992 2002 is estimated at $1.7 billion. The Coachella Valley Enterprise Zone Is a major economic engine assisting all cities within our region. I would be pleased to receive your support. Lu Executive Director Please send your reaction re this letter to Senator Denise Ductheny, State Capital, Room 2062, Sacramento CA 95814 R1063 T 0 4h ,p 4 44" COUNCIL/R.DA MEETING DATE: APRIL 20, 2004 ITEM TITLE: Demand Register Dated April 20, 2004 RECOMMENDATION: Approve Demand Register Dated April 20, 2004 BACKGROUND: Prepaid Warrants: 57968 - 57985) 17,693.08 57986 - 57988) 787.65 57989 - 580181 146,159.40 58019 - 58036) 15,278.76 58037 - 580521 28,943.13 Wire Transfers) 290,106.55 P/R 31977 - 320761 2549484.71 P/R Tax Transfers} 67,848.15 Payable Warrants: 58053 - 58232) 1,798,380.29 $2961 %681.72 FISCAL IMPLICATIONS: Demand of Cash - City $2,606,798.01 Demand of Cash -RDA $129883.71 M. Falconer, F' ance Director AGENDA LA"1'ECiUKY: BUSINESS SESSION CONSENT CALENDAR / STUDY SESSION PUBLIC HEARING 12 CITY OF LA QUINTA BANK TRANSACTIONS 3/26/04 - 4/15/04 3/26/04 WIRE TRANSFER - ICMA $7,990.23 3/26/04 WIRE TRANSFER - PERS $19,336.80 3/31/04 WIRE TRANSFER - FINANCING AUTHORITY SERIES 1996 $186,890.00 4/09/04 WIRE TRANSFER - ICMA $7,840.23 4/09/04 WIRE TRANSFER - PERS $19,275.75 4/09/04 WIRE TRANSFER - PERS HEALTH INSURANCE $48,773.54 TOTAL WIRE TRANSFERS OUT $290,106.55 13 c- O to 1 I N I 1 tr M O 0 NO O M O O O O O 0 \ I Y J 1 %0 M 410 0 0% O 00 0 M O O O .t I uQ I O I W 1-- 1 N D• to N O N O O O O O I S O I N r- Nt ti O O• to .t 0 to 00 W N W I u 1-- 1 O (` N .4 `0 r` tr O W 1 I Q co 1 I e- N (` d Z I 1 O Z I I b-+ CC H 1 1 W AX 1 1 a 0 I CL I I O W 1 I.-- Z I Q 1 is -Ic is is is 4c * 4c is Ic 4c 4c H I O H I Z 1 Z W 1 O I Qtr I O0%M�tNOON� MOM WNOO 00 NNNNO 00 MM 00 00 00 00 OO 00 O O 1 \t ONMf--P-�t%0 MOM a---t0NO 00 MMMO% 00 0000 00 In In O u 1 W u 1 u I urn I 11-00r�:NN0(V -OMO: tnN 00c00000 NN 00 't00 00 00 to Q 1 ZN 1 MW1NO -t00ir- 001-tN M00t^ti -.test intntnr` OO 0%0� tntn %t -4 OO into 0000 -t I QG I cm in 0 %tNr` r N %0%0 r`r` rtr r- I F- t+- I 1 ►4 0 1 1 E I W H 1 1 I w W 1 Z I v 1 1 1 I 1 1 1 N N N N N N to to M to InLn tn i 1 tntn0000 tntn MMM O N O M O 0 O O 1 1 -.0 --0101010 .0 %0 %0 '40 e- T- M N N N O %0 0 e- O O N DC I I to IA Ln to to to In to M 4 -t In �t -.t �t M � M to to r• M tr M W I 1 . . 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U I> 1 6 M 0 M 0 00 00 0 -t 000 0 0 0 e- 56 67 COUNCIL/RDA MEETING DATE: April 20, 2004 Transmittal of Treasurer's Report as of February 29, 2004 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 6L STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated February 29, 2004 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Res ctfully submitted, 4" ohn M. Falc er, Finance Director Approved for Submission by: Thomas P. Genovese, City Manager Attachment: 1. Treasurer's Report, City of La Quinta 68 MEMORANDUM TO: La Qiuinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for February 29, 2004 DATE: March 26, 2004 Attached is the Treasurer's Report for the month ending February 29, 2004. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other Ending Chan e Cash $ 240,310 (1) ($165,171) $75,139 ($165,171) LAIF 28,941,285 6,006,000 (2,500,000) 32,441,285 3,500,000 US Treasuries (2) 79,951,640 (10,000,000) 31,262 69,982,902 (9,968,738) US Gov't Agencies (2) 30,094,727 (15,745) 30,078,982 (15,745) Commercial Paper (2) - 0 0 Mutual Funds 2,497,970 1 4,634,026 1 7,131,996 4,634,026 Total $141 725,932 $10 634 026 $12,665,171 $15 517 $139,710 304 $2,015 628 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. the City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. r JFinance ohn M. Falconer Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. 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V 11 4 COUNCIL/RDA MEETING DATE: April 20, 2004 Transmittal of Revenue and Expenditure Report for February 29, 2004 and Investment Summary Report for the Quarter Ending March 31, 2004 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of the Statement of Revenue and Expenditures for February 29, 2004 and Investment Summary Report for the Quarter ending March 31, 2004 for the City of La Quinta. yRes ctfully s mitted, Id hn M. Falc ner, Finance Director rov for submission b C. Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures for February 29, 2004 and Investment Summary Report dated March 31, 2004 "3 ATTACHMENT CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2003 - 2129/04 FUNDS BUDGET RECEIVED RECEIVED General $19,239,597.00 $13,566,622.82 70.50% Library 688,400.00 63,590.08 9.20% Gas Tax Revenue 553,700.00 366,873.51 66.30% Cmaq/lstea 595,235.00 0.00 0.00% Federal Assistance 339,427.00 24,480.00 7.20% Assessment District 2000-1 0.00 4,057.11 0.00% Slesf (Cops) Revenue 100,700.00 100,073.94 99.40% Local Law Enforcement 19,918.00 19,487.20 97.80% Lighting & Landscaping 854,600.00 447,421.79 52.40% Quimby 28,900.00 116,941.20 404.60% Crime Violent Task Force 0.00 0.00 0.00% Infrastructure 15,600.00 17,208.74 110.30% Village Parking 0.00 0.00 0.00% South Coast Air Quality 240,204.00 9,915.31 4.10% LQ Public Safety Officer 2,300.00 2,073.94 90.20% Interest Allocation 0.00 104,007.29 0.00% Capital Improvement 79,288,935.00 8,241,389.54 10.40% Lq Norte Capital Improvement 0.00 0.00 0.00% Urban Forestry 0.00 0.00 0.00% Equipment Replacement 376,477.00 342,433.99 91.00% Information Technology 227,600.00 383,147.86 168.30% Arts In Public Places 102,600.00 205,202.62 200.00% Transportation 602,300.00 1,454,393.62 241.50% Parks & Recreation 251,000.00 561,385.51 223.70% Civic Center 204,200.00 332,514.46 162.80% Library Development 112,500.00 208,516.12 185.30% Community Center 57,200.00 111,487.24 194.90% Street Facility 9,400.00 40,364.73 429.40% Park Facility 3,000.00 12,909.10 430.30% Fire Protection Facility 33,100.00 81,179.75 245.30% Library Development (County) Facilit, 204,100.00 202,185.84 99.10% La Quinta Financing Authority 690,330.00 503,574.22 72.90% RDA Project Area No. 1 59,020,151.00 43,430,155.40 73.60% RDA Project Area No. 2 65,294,330.00 8,557,511.81 13.10% Total $229155 804.00 $79,511,104.74 34.70% CITY of LA QUINTA EXPENDITURES • ALL FUNDS 07/01/2003 - 2/29104 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $23,247,147.00 $10,056,688.99 $5,463.00 $13,184,995.01 43.3% Library 409,137.00 0.00 0.00 409,137.00 0.0% Gas Tax 758,906.00 372,388.82 0.00 386,517.18 49.1% Cmaq/lstea 595,235.00 0.00 0.00 595,235.00 0.0% Federal Assistance 331,932.00 26,092.50 0.00 305,839.50 7.9% Proposed Assessment District 142,507.00 0.00 0.00 142,507.00 0.0% Slesf (Cops) Revenue 107,926.00 90,524.69 0.00 17,401.31 83.9% Local Law Enforcement 25,778.00 19,284.00 0.00 6,494.00 74.8% Violent Crime Task Force 528.00 .528.05 0.00 (0.05) 100.0% Lighting & Landscaping 854,600.00 569,733.32 0.00 284,866.68 66.7% Quimby 301,583.00 126,347.19 0.00 175,235.81 41.9% Infrastructure 2,224,999.00 456,408.95 0.00 1,768,590.05 20.5% Village Parking (1,893.00) 0.00 0.00 (1,893.00) 0.0% South Coast Air Quality 231,231.00 5,603.82 0.00 225,627.18 2.4% Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 79,288,933.00 8,241,389.53 3,295.00 71,044,248.47 10.4% Lq Norte Capital Improvement 0.00 0.00 0.00 0.00 0.0% Urban Forestry 1,100.00 0.00 0.00 1,100.00 0.0% Equipment Replacement 380,641.00 151,580.62 0.00 229,060.38 39.8% Arts In Public Places 656,962.00 44,331.48 0.00 612,630.52 6.7% Transportation 2,712,674.00 475,811.34 0.00 2,236,862.66 17.5% Parks & Recreation 618,565.00 377,604.60 0.00 240,960.40 61.0% Civic Center 686,095.00 199,663.11 0.00 486,431.89 29.1% Library Development 4,074,930.00 210,017.78 0.00 3,864,912.22 5.2% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 0.00 0.00 0.00 0.00 0.0% Park Facility 0.00 0.00 0.00 0.00 0.0% Fire Protection 1,500,000.00 976,348.77 0.00 523,651.23 65.1% Library County DIF 400,000.00 0.00 0.00 400,000.00 0.0% Information Technology 694,781.00 293,939.19 0.00 400,841.81 42.3% La Quinta Financing Authority 558,724.00 498,394.00 0.00 60,330.00 89.2% RDA Project Area No. 1 88,079,325.00 19,976,278.83 0.00 68,103,046.17 22.7% RDA Project Area No. 2 65,896,305.00 6,918,568.46 0.00 58,977,736.54 10.5% Total 274,780,651.00 ,087,528.04 $8,758.00 224,684,364.96 18.2% CITY OF LA QUINTA 07/01/2003 - 2129/04 GENERAL FUND REVENUES DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 573,300.00 384,864.75 188,435.25 67.130% No Low Property Tax Distribution 808,100.00 638,038.22 170,061.78 78.960% Sales Tax 4,200,000.00 2,824,391.58 1,375,608.42 67.250% Document Transfer Tax 487,300.00 435,742.35 51,557.65 89.420% Transient Occupancy Tax 4,055,300.00 1,859,218.75 2,196,081.25 45.850% Franchise Tax 597,600.00 375,603.38 221,996.62 62.850% TOTAL TAXES 10,721,600.00 6,517,859.03 4,203,740.97 60.790% LICENSE & PERMITS: Business License 180,700.00 130,351.30 50,348.70 72.140% Animal License 17,500.00 8,348.85 9,151.15 47.710% Building Permits 412,500.00 1,035,482.00 (622,982.00) 251.030% Plumbing Permits 90,800.00 172,052.10 (81,252.10) 189.480% Mechanical Permits 37,500.00 109,085.75 (71,585.75) 290.900% Electrical Permits 69,000.00- 178,444.39 (109,444.39) 258.620% Garage Sale Permits 5,000.00 10,220.00 (5,220.00) 204.400% Misc. Permits 49,500.00 30,825.39 18,674.61 62.270% TOTAL LICENSES & PERMITS 862,500.00 1,674,809.78 (812,309.78) 194.180% FEES: Sale of Maps & Publications 4,950.00 15,599.98 (10,649.98) 315.150% Community Services Fees 190,998.00 175,302.75 15,695.25 91.780% Bldg & Safety Fees 396,300.00 772,563.95 (376,263.95) 194.940% Community Development Fees 222,400.00 218,689.54 3,710.46 98.330% Public Works Fees 584,375.00 730,210.46 (145,835.46) 124.960% TOTAL !FEES 1,399,023.00 1,912,366.68 (513,343.68) 136.690% INTERGOVERNMENTAL INTEREST MISCELLANEOUS Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines AB939 County of Riverside Grant State of California Grant Fire servicesCredit CSA152 Assessment TOTAL 'INTERGOVERNMENTAL Miscellaneous Revenue Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 1,189,185.00 744,218.39 444,966.61 62.580% 70,700.00 46,972.60 23,727.40 66.440% 54,400.00 27,366.00 27,034.00 50.310% 15,000.00 13,276.20 1,723.80 88.510% 145,000.00 109,241.06 35,758.94 75.340% 0.00 0.00 0.00 0.000% 0.00 45,636.70 (45,636.70) 0.000% 2,857,400.00 708,971.02 2,148,428.98 24.810% 150,000.00 175,046.04 (25,046.04) 116.700% 4,481,685.00 1,870,728.01 2,610,956.99 41.740% 1,468,800.00 1,352,243.60 116,556.40 92.060% 3,000.00 104,263.38 (101,263.38) 3475.450% 0.00 0.00 0.00 0.000% 0.00 63.65 (63.65) 0.000% 3,000.00 104,327.03 (101,327.03) 3477.570% 302,989.00 134,288.69 168,700.31 44.320% 19,239,597.00 13,566,622.82 5,672,974.18 70.510% 8(W 4 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL LIBRARY: REMAINING % BUDGET RECEIVED BUDGET RECEIVED County of Riverside 662,500.00 0.00 662,500.00 0.000% Contributions 0.00 53,000.00 (53,000.00) 0.000% Interest 25,900.00 10,590.08 15,309.92 40.890% TOTAL LIBRARY 688,400.00 63,590.08 624,809.92 9.240% GAS TAX REVENUE: Section 2105 168,200.00 111,162.25 57,037.75 66.090% Section 2106 115,900.00 78,178.33 37,721.67 67.450% Section 2107 216,700.00 147,290.03 69,409.97 67.970% Section 2107.5 6,000.00 6,000.00 0.00 100.000% Traffic Congestion Relief 39,300.00 20,661.68 18,638.32 52.570% Interest 7,600.00 3,581.22 4,018.78 47.120% TOTAL GAS TAX 553,700.00 366,873.51 186,826.49 66.260% CMAQIISTEA CMAQ/ISTEA Grant 595,235.00 0.00 595,235.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL CMAQnSTEA 595,235.00 0.00 595,235.00 0.000% FEDERAL ASSISTANCE REVENUE: CDBG Grant 339,427.00 24,480.00 314,947.00 7.210% Interest 0.00 0.00 0.00 0.000% TOTAL FEDERAL ASSISTANCE 339,427.00 24,480.00 314,947.00 7.210% ASSESSMENT DISTRICT 2000-1 Interest 0.00 4,057.11 (4,057.11) 0.000% Assessment Bond Proceeds 0.00 0.00 0.00 0.000% Prepayments -sewer assessments 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL ASSESSMENT DISTRICT 0.00 4,057.11 (4,057.11) 0.000% SLESF (COPS) REVENUE: SLESF (Cops) Funding 100,000.00 100,000.00 0.00 100.000% Interest 700.00 73.94 626.06 10.560% TOTAL SLESF (COPS) 100,700.00 100,073.94 626.06 99.380% LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 19,218.00 19,218.00 0.00 100.000% Interest 700.00 269.20 430.80 38.460% Transfer in 0.00 0.00 0.00 0.000% TOTAL LLEBG 19,918.00 19,487.20 430.80 97.840% LIGHTING & LANDSCAPING REVENUE: Assessment 854,600.00• 447,421.79 407,178.21 52.350% Developer 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LIGHTING & LANDSCAPINI 854,600.00 447,421.79 407,178.21 52.350% QUIMBY REVENUE: Quimby Fees 25,000.00 113,443.32 (88,443.32) 453.770% Interest 3,900.00 3,497.88 402.12 89.690% TOTAL QUIMBY 28,900.00 1 6, 1. (88,041.20) 4.64 CRIME VIOLENT TASK FORCE REVENUE: Member Contributions 0.00 0.00 0.00 0.000% Grant revenue 0.00 0.00 0.00 0.000% Asset Forfeiture 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL CRIME VIOLENT TASK FOI 0.00 0.00 0.00 0.000% 5 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) INFRASTRUCTURE REVENUE: Infrastructure Fee Interest Transfer in TOTAL INFRASTRUCTURE VILLAGE PARKING REVENUE: Interest TOTAL VILLAGE PARKING SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution MSRC Funding Street Sweeping Grant Interest TOTAL SCAQ REMAINING % BUDGET RECEIVED BUDGET RECEIVED 0.00 0.00 0.000% 15,600.00 17,208.74 (1,608.74) 110.310% 0.00 0.00 0.00 0.000% 15,600.00 17,208.74 (1,608.74) 110.310% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 21,800.00 8,927.58 12,872.42 40.950% 77,119.00 77,119.00 0.000% 139,285.00 139,285.00 0.000% 2,000.00 987.73 1,012.27 49.390% 240,204.00 9,915.31 230,288.69 4.130% LQ PUBLIC SAFETY OFFICER FUND Transfer In 2,000.00 2,000.00 0.00 100.000% Interest 300.00 73.94 226.06 24.650% TOTAL LQ PUBLIC SAFETY 2,300.00 2,073.94 226.06 90.170% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 104,007.29 (104,007.29) 0.000% Transfer In 0.00 0.00 0.00 0.000% TOTAL INTEREST ALLOCATION 0.00 104,007.29 (104,007.29) 0.000% CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio SB300 Funding RCTC SB821-Bicycle Path Grant State of Califomia APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE LQ NORTE CAPITAL IMPROVEMENT FUND: Prepayment Bond Proceeds Interest TOTAL LQ NORTE CIP URBAN FORESTRY Grant Revenue Interest TOTAL URBAN FORESTRY 2,865,620.00 3,335,439.74 (469,819.74) 116.400% 927,462.00 0.00 927,462.00 0.000% 0.00 0.00 0.00 0.000% 244,800.00 0.00 244,800.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 100,000.00 0.00 100,000.00 0.000% 108,240.00 0.00 108,240.00 0.000% 440,581.00 58,095.00 382,486.00 13.190% 0.00 0.00 0.00 0.000% 2,000.00 0.00 2,000.00 0.000% 153,000.00 70,000.00 83,000.00 45.750% 74,447,232.00 4,777,854.80 69,669,377.20 6.420% 79,288,935.00 8,241,389.54 71,047,545.46 10.390% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% W. CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % (continued) BUDGET RECEIVED BUDGET RECEIVED EQUIPMENT REPLACEMENT FUND: Equipment Charges 317,677.00 317,678.00 (1.00) 100.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Interest 58,800.00 24,755.99 34,044.01 42.100% Transfers In 0.00 0.00 0.00 0.000% TOTAL EQUIPMENT REPLACEMEI 376,477.00 342,433.99 34,043.01 90.960% INFORMATION TECHNOLOGY FUND: Charges for services Capital Contribution Sale of Fixed Asset 216,200.00 377,282.00 (161,082.00) 174.510% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% Interest 11,400.00 5,865.86 5,534.14 51.450% Transfers In 0.00 0.00 0.00 0.000% TOTAL INFORMATION TECHNOLC 227,600.00 383,147.86 (155,547.86) 168.340% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500.00 198,610.83 (101,110.83) 203.700% Arts in Public Places Credits Applied 0.00 4,122.64 (4,122.64) 0.000% Interest 5,100.00 2,469.15 2,630.85 48.410% TOTAL ARTS IN PUBLIC PLACES. 102,600.00 205,202.62 (102,602.62) 200.000% TRANSPORTATION Developer fees 549,000.00 1,411,153.48 (862,153.48) 257.040% Interest 53,300.00 43,240.14 10,059.86 81.130% Transfer in 0.00 0.00 0.00 0.000% TOTAL TRANSPORTATION 602,300.00 1,454,393.62 (852,093.62) 241.470% PARKS & RECREATION CIVIC CENTER Developer fees 251,000.00 552,122.59 (301,122.59) 219.970% Interest 0.00 9,262.92 (9,262.92) 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL PARKS & RECREATION 251,000.00 561,385.51 (310,385.51) 223.6600,46- Developer fees 183,000.00 315,525.85 (132,525.85) 172.420% Interest 21,200.00 16,988.61 4,211.39 80.130% Transfer in 0.00 0.00 0.00 0.000% TOTAL CIVIC CENTER 204,200.00 332,514.46 (128,314.46) 162.840% CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % (continued) BUDGET RECEIVED BUDGET RECEIVED LIBRARY DEVELOPMENT Developer fees 112,500.00 199,562.06 (87,062.06) 177.390% Interest 0.00 8,954.06 (8,954.06) 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 112,500.00 208,516.12 (96,016.12) 185.350% COMMUNITY CENTER Developer fees 48,500.00 106,596.00 (58,096.00) 219.790% Interest 8,700.00 4,891.24 3,808.76 56.220% TOTAL COMMUNITY CENTER 57,200.00 111,487.24 (54,287.24) 194,910% STREET FACILITY Developer fees 7,500.00 39,229.13 (31,729.13) 523.060% Interest 1,900.00 1,135.60 764.40 59.770% TOTAL !STREET FACILITY 9,400.00 40,364.73 (30,964.73) 429.410% PARK FACILITY Developer fees 2,500.00 12,613.35 (10,113.35) 504.530% Interest 500.00 295.75 204.25 59.150% TOTAL PARK FACILITY 3,000.00 12,909.10 (9,909.10) 430.3000,46- FIRE PROTECTION FACILITY Developer fees 32,100.00 81,156.90 (49,056.90) 252.830% Interest 1,000.00 22.85 977.15 2.290% TOTAL FIRE PROTECTION FACILI' 33,100.00 81,179.75 (48,079.75) 245.260% LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees 200,000.00 200,000.00 0.00 100.000% Interest 4,100.00 2,185.84 1,914.16 53.310% TOTAL LIBRARY DEV (COUNTY) 1 204,100.00 202,185.84 1,914.16 99.060% Fw 8 07/01/2003 - 2129104 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 919,600.00 383,392.03 0.00 536,207.97 CITY MANAGER'S OFFICE 778,533.00 454,799.35 0.00 323,733.65 ECONOMIC DEVELOPMENT 821,350.00 462,630.22 0.00 358,719.78 PERSONNEL/RISK MGT 758,502.00 625,581.96 0.00 132,920.04 TOTAL GENERAL GOVERNMENT 3,277,985.00 1,926,403.56 0.00 1,351,581.44 CITY CLERK 476,363.00 289,904.24 0.00 186,458.76 TOTAL CITY CLERK 476,363.00 289,904.24 0.00 186,458.76 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 776,646.00 432,398.11 0.00 344,247.89 SENIOR CENTER 347,635.00 241,502.11 0.00 106,132.89 PARKS & RECREATION PROGRAMS 100,048.00 80,409.91 0.00 19,638.09 TOTAL COMMUNITY SERVICES 1,224,329.00 754,310.13 0.00 470,018.87 FINANCE FISCAL SERVICES 696,564.00 406,344.72 0.00 290,219.28 CENTRAL SERVICES 748,086.00 471,817.58 0.00 276,268.42 TOTAL FINANCE 1,444,650.00 878,162.30 0.00 566,487.70 BUILDING &SAFETY: BUILDING & SAFETY - ADMIN 231,925.00 138,494.54 0.00 93,430.46 BUILDING 898,739.00 634,963.80 0.00 263,775.20 CODE COMPLIANCE 655,449.00 355,673.58 0.00 299,775.42 ANIMAL CONTROL 229,922.00 117,660.48 0.00 112,261.62 CIVIC CENTER BUILDING -OPERATIONS 1,068,765.00 779,848.74 0.00 288,916.26 TOTAL BUILDING & SAFETY 3,084,800.00 2,026,641.14 0.00 1,058,158.86 PUBLIC SAFETY: POLICE SERVICES 5,293,749.00 1,743,083.77 5,463.00 3,545,202.23 FIRE 2,903,902.00 710,938.77 0.00 2,192,963.23 EMERGENCY SERVICES 48,945.00 25,427.94 0.00 23,517.06 TOTAL PUBLIC SAFETY 8,246,596.00 2,479,450.48 5,463.00 5,761,682.52 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 822,152.00 282,268.26 0.00 539,883.74 CURRENT PLANNING 711,429.00 318,583.99 0.00 392,845.01 TOTAL COMMUNITY DEVELOPMENT 1,533,581.00 600,852.25 0.00 932,728.75 PUBLIC WORKS: ' PUBLIC WORKS ADMINISTRATION 259,.055.00 141,528.57 0.00 117,526.43 DEVELOPMENT & TRAFFIC 1,240,125.00 694,216.58 0.00 545,908.42 MAINT/OPERATIONS - STREETS 2,256,952.00 793,449.40 0.00 1,463,502.60 MAINT/OPERATIONS - LTG/LANDSCAPING 2,001,742.00 1,000,908.64 0.00 1,000,833.36 CONSTRUCTION MANAGEMENT 720,171.00 458,004.06 0.00 262,166.94 TOTAL PUBLIC WORKS 6,478,045.00 3,088,107.25 0.00 3,389,937.75 TRANSFERS OUT 1,327,716.00 101,873.04 0.00 1,225,842.96 GENERAL FUND REIMBURSEMENTS (3,846,918.00) (2,089,016.40) 0.00 (1,757,902.60) NET GENERAL FUND EXPENDITURES 23,247,147.00 10,056,688.99 5,463.00 13,184,995.01 8'7 9 CITY OF LA QUINTA 07/01/2003 - 2129/04 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 TRANSFER OUT 409,137.00 0.00 0.00 409,137.00 TOTAL LIBRARY FUND 409,137.00 0.00 .00 409,137.00 GAS TAX REIMBURSE GENERAL FUND 553,700.00 369,133.32 0.00 184,566.68 TRANSFER OUT 205,206.00 3,255.50 0.00 201,950.50 TOTAL GAS TAX FUND 758,906.00 372,388.82 0.00 386,517.18 QUIMBY FUND: TRANSFER OUT TOTAL QUIMBY FUND 301,583.00 126,347.19 0.00 175,235.81 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 331,932.00 26,092.50 0.00 305,839.50 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 14,827.00 5,603.82 0.00 9,223.18 TRANSFER OUT 216,404.00 0.00 0.00 216,404.00 TOTAL SOUTH COAST AIR QUALITY 231,231.00 5160 .82 0.00 225,627.18 CMAQ/ISTEA TRANSFER OUT TOTAL CMAQ/ISTEA FUND 595,235.00 0.00 0.00 595,235.00 VILLAGE PARKING TRANSFER OUT TOTAL VILLAGE PARKING FUND (1,893.00) 0.00 0.00 (1,893.001 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 25,778.00 19,284.00 0.00 6,494.00 VIOLENT CRIME TASK FORCE PROJECT EXPENDITURES 528.00 528.05 0.00 (0.05) TOTAL VIOLENT CRIME TASK FORCE 528.00 528.05 0.00 (0.05) SLESF (COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 107,926.00 60,524.69 0.00 17,401.31 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 854,600.00 569,733.32 0.00 284,866.68 TRANSFER OUT 0.00 0.00 0.00 TOTAL LTG/LANDSCAPING FUND 854,600.00 569,733.32 0.00 284,866.68 INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 2,224,999.00 456,408.95 0.00 1,768,590.05 TOTAL INFRASTRUCTURE 2,224,999.00 456,408.95 0.00 1,768,590.05 ASSESSMENT DISTRICT 2000-1 COSTS OF ISSUANCE 0.00 0.00 0.00 0.00 TRANSFER TO AGENCY FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 142,507.00 0.00 0.00 142,507.00 TOTAL AD 2000-1 142,507.00 0.00 0.00 142,507.00 10 CITY OF LA GUINTA 07/01/2003 - 2/29/04 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET TRANSPORTATION PROGRAM COSTS 63,050.00 63,050.06 0.00 (0.06) CONTRIBUTION 392,878.00 0.00 0.00 392,878.00 TRANSFER OUT 2,256,746.00 412,761.28 0.00 1,843,984.72 TOTAL TRANSPORTATION 2,712,674.00 475,811.34 0.00 2,236,862.66 PARKS & RECREATION INTEREST ON ADVANCE 0.00 41,020.00 0.00 (41,020.00) TRANSFER OUT 618,565.00 336,584.60 0.00 281,980.40 TOTAL PARKS & RECREATION 618,565.00 377,604.60 0.00 240,960.40 CIVIC CENTER PROGRAM COSTS 0.00 2,905.80 0.00 (2,905.80) REIMBURSE GENERAL FUND 204,251.00 136,167.32 0.00 68,083.68 TRANSFER OUT 481,844.00 60,589.99 0.00 421,254.01 TOTAL CIVIC CENTER 686,095.00 199,663.11 0.00 486,431.89 LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 TRANSFER OUT 4,074,930.00 210,017.78 0.00 3,864,912.22 TOTAL LIBRARY DEVELOPMENT 4,074,930.00 210,017.78 0.00 3,864,912.22 COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL COMMUNITY CENTER 0.00 0.00 0.00 . 0.00 STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK FACILITY 0.00 0.00 0.00 0.00 FIRE PROTECTION INTEREST ON ADVANCE 0.00 1,490.00 0.00 (1,490.00) TRANSFER OUT 1,600,000.00 974,858.77 0.00 525,141.23 TOTAL FIRE PROTECTION DIF 1,500,000.00 976,348.77 0.00 52 ,651.23 LIBRARY COUNTY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 400,000.00 0.00 0.00 400,000.00 TOTAL LIBRARY COUNTY DIF 400,000.00 0.00 0.00 400,000.00 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 78,468,866.00 8,170,272.32 3,295.00 70,295,298.68 PROJECT REIMBURSEMENTS TO GEN FUND 820,067.00 71,117.21 0.00 748,949.79 TRANSFER OUT 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT 79,288,933.00 8,241,389.53 3,295.00 71,044,248.47 ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 3,500.00 0.00 0.00 3,500.00 OPERATING EXPENSES-APP 1,800.00 0.00 0.00 1,800.00 ART PURCHASES 502,409.00 28,375.00 0.00 474,034.00 TRANSFER OUT 149,253.00 15,956.48 0.00 133,296.52 TOTAL ART IN PUBLIC PLACES 656,962.00 44,331.48 0.00 612,630.52 LG NORTE (97-1) CIP FUND PROJECT EXPENSES 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LO NORTE (97-1) CIP FUND 0.00 0.00 0.00 0.00 URBAN FORESTRY GRANT TRANSFER OUT TOTAL URBAN FORESTRY GRANT 1,100.00 0.00 0.00 1,100.00 11 CITY OF LA QUINTA OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET VILLAGE PARKING TRANSFER OUT (1,893.00) 0.00 0.00 (1,893.00) INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 694,781.00 293,939.19 0.00 400,841.81 TOTAL INFORMATION TECHNOLOGY FUND 694,781.00 293,939.19 0.00 400,841.81 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 380,641.00 151,580.62 0.00 229,060.38 TOTAL EQUIPMENT REPLACEMENT FUND 380,641.00 151,580.62 0.00 229,060.38 90 12 O C O LL E 7 C cc E c N 'it 7 > O a C N J M O � 7 M UCl� C E C .0 tl�D LOMI�-I-I1NNLn�000NLO0)(o I-000 V M000�OI-I%-O0M0 00 N d C6 06 C6C6 LAr%:r.: CC600 00MV-MNMMtAVM0NI- Or' CA W O O-t O O O O O Ln — O O O O O LO O �tNet i NLANCAI -i CV I, LA.-LA0mN(000 O O O OO O O LA O CO LA d OO a0 00 CO d CO LLo la LA LA to O I� LA f� 1� M M M O 0) > F.(o0) -NOptiinco OCe)TZvMN ." OOCOu OOl�e-OpV 0000MI-M000 00 .-00P- 00NMV VMr- NNN1(3000 OV0)0V O000LA0000 LC) co to Lncsilo: tNLC)CV�C4r- LnN1LnLn�Nt0O) m O O O O O O O O O O O O O O O O M CO Go O 0000 O O O O O O O O O O O O O� N ja O O O O O O O O O O O O CDO O O -q* 0 00O000C)OOLAOMO000 LA( d LA N LA 't N LA N Ln N ti Ln v , LA LA V N CD 0) �v- v v qt "t0MLALCi�tALALAOOOO >, O O O O O O N 0 O O C) O O O O N 3 N N N N N N N N N N •' l0 �M4OO�OOsN�—No��NOMMCC �aC eMNNMNM�C��NMQ� Cq N LOC�Ot�Ot�Oti��NNN0OOZZ c q3 c y c F- m (A J m� mm 8m-CWmm m m mad- m O J O O J i5 J m J J O O O c mcw12-mvU==cccmm E F—QPF—�F—LLQLL=�tLLLF=HF=M :v m Z U Z UiQ co co C LL LL LL 7 7 LL LL E C N N m E C C C F•- poaw U C N N y O N t0 CO O 0 Co F- m Q in y CO m �Z��UU.�?2Z2 �Q:rX:cq qN LLLLLLLLLLLLI-U- D :)JJC/i r'n +-' C j % � CcJ O t�C f t a> m o � c c M c c N m O O � d U d O N O .N E C = O m E 7 :3 m c C� N A M = d � m � W mcm IL- m O � O pC �C O LL _ U 91 13 COUNCIL/RDA MEETING DATE: April 20, 2004 Approval of a Financing Agreement between the La Quinta Redevelopment Agency and the City of La Quinta for Construction of the City's Library RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a financing agreement between the La Quinta Redevelopment Agency and the City of La Quinta to fund construction of the City's library, approving an advance not to exceed $3,100,000 from the Redevelopment Agency Capital Projects No. 1 Fund to the Library Developer Impact Fee Fund (DIF). FISCAL IMPLICATIONS The total funding required for the design and construction for the first phase of the library is $5,110,813 which is derived as follows: Library DIF $4,301,676 County Library DIF $ 400,000 Library Fund $ 409,137 (1) Total Funding $5,110,813 (1) The City has an agreement with the County of Riverside to provide library funds based upon tax increment revenues generated in Project areas 1 and 2. Use of Library DIF Funds As of February 2004, the Library DIF has collected approximately $1,200,000 in fees. Throughout its existence the DIF is scheduled to collect $4,300,000. Rather than waiting an additional 25-30 years to acquire adequate funding to build the library on a "pay as you go" basis, staff is recommending an advance of approximately $3,100,000 ($4,300,000- $1,200,000) from RDA Project Area 1 to fully fund the library construction. This advance would bear interest based upon the average quarterly interest rate earned from the investment pool and would be repaid with future Library DIF collections, as outlined in the Development Impact Fee Report previously adopted by 92 the City Council. While future collections of Library DIF are uncertain, it would take approximately 25-30 years to repay the advance. The RDA project area expires in approximately 29 years. Once the Library DIF repays the RDA, these repaid monies would be used for eligible RDA activities. The amount of the principal to be repaid annually would be determined during the budget process based upon the available Library DIF fund balances. CHARTER CITY IMPLICATIONS The Contract for the library was bid on a prevailing wage basis since Redevelopment Agency funding was going to be utilized to loan funds to the Library DIF. To determine whether projects will be bid on a prevailing wage basis, staff anticipates the funding source(s) that will be used. If the project requires more than one funding source and one of the funding sources requires the payment of prevailing wages, then the entire project is bid based upon the payment of prevailing wages. BACKGROUND AND OVERVIEW Attachment 1 consists of a financing agreement between the La Quinta Redevelopment Agency and the City of La Quinta formalizing a loan from Project Area 1 to the Library Impact Fee fund. The loan would bear interest and has no specified repayment date. Repayment of the loan principal and interest would be made during the budget process. While not anticipated, in the worst case, the loan could be forgiven by the Agency Board if adequate development did not occur to generate funds to repay the loans before the Project Area was dissolved in the year 2033. Any unspent funds after the project was completed would be returned to the Redevelopment Agency and the outstanding loan amount would be reduced. The necessary findings to allow the loan pursuant to Health and Safety Code Sections 33445 and 33679, were adopted by Resolution at the April 6, 2004 joint public hearing of the City Council and Redevelopment Agency. FINDINGS AND ALTERNATIVES The alternatives available to the City Council include: 1. Approve a financing agreement between the La Quinta Redevelopment Agency and the City of La Quinta for construction of the City's library in an amount not to exceed $3,100,000 from the Redevelopment Agency Capital Projects No. 1 Fund to the Library Developer Impact Fee fund; or 2. Do not approve a financing agreement between the La Quinta Redevelopment Agency and the City of La Quinta for construction of the City's library; or 3. Provide staff with alternative direction. 33 2 Respectfully submitted, �� A4a�e-� Tom Hartung, Dire or of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Financing Agreement 94 3 FINANCING AGREEMENT THIS FINANCING AGREEMENT ("Agreement") is made and entered into this day of , 2004, by and between the LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic ("Agency"), and the CITY OF LA QUINTA, a charter city and municipal corporation ("City"). RECITALS WHEREAS, Agency is a public body, corporate and politic, organized under the California Community Redevelopment Law (Health & Safety Code § 33000 et seg.); and WHEREAS, City is a municipal corporation and a charter city of the State of California organized and existing under the Constitution of the State of California; and WHEREAS, Agency, pursuant to Health and Safety Code Section 33445, is authorized to provide funding, including in the form of loan financing, for the development of publicly owned improvements; and WHEREAS, City and Agency mutually desire to enter into this Agreement to set forth their respective obligations with respect to a public improvement financing loan by the Agency to the City's Library Developer Impact Fee fund ("Library DIF Fund") in the amount up to Three Million, One. Hundred Thousand Dollars ($3,100,000) to be used by the City to meet the cost of constructing certain of the publicly owned improvements which will create the City's library set forth in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, without the loan set forth herein such publicly owned improvements to the City's library would not be developed for many years until such time as sufficient Library DIF fees were collected; and WHEREAS, it is anticipated that the loan financing set forth herein shall be repaid by City from the future collection of Library DIF fees as new private development occurs in the community; and WHEREAS, no portion of the loan funds are to used for any purpose not permitted by Health and Safety Code Section 33445 as such code section exists on the date of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained, Agency and City agree as follows: Agency Loon; Interest; Use of Loan Principal. Agency hereby loans to City the principal amount of up to Three Million, One Hundred Thousand Dollars ($3,100,000) ("Loan Principal") from currently available tax increment funds for Redevelopment Project Area No. 1. Interest shall accrue on the outstanding loan principal at 95 4 the earning rate of the City's Investment Pool Funds, and shall be adjusted quarterly. The Loan Principal shall be used only for the publicly owned improvements set forth in Exhibit "A" hereto and incorporated herein. No portion of the Loan Principal shall be used for any purpose not permitted by Health and Safety Code Section 33445 as it exists on the date of this Agreement. Repayment. The Loan Principal and the accrued interest shall be repaid by City in annual installments from available monies paid into the Library DIF Fund. The first annual installment shall be for the period from the date of this Agreement to June 30, 2005, and shall be paid to Agency not later than July 31, 2005. Subsequent annual installments shall cover succeeding fiscal year periods and shall be payable by the July 31" following the end of a fiscal year (i.e., second annual installment shall be for the period July 1, 2005 through June 30, 2006, and shall be payable by July 31, 2006). The amount of each payment shall be -not less than the amount of Library DIF Fees collected by City during the period to which a particular installment payment applies. City shall be entitled to repay all or part of the Loan Principal at any time with no other charges, fees, or penalties. All amounts due under this Agreement shall be payable at the offices of the City. SubordinatLon. The repayment of the Loan Principal by City shall be junior and subordinate to all City obligations incurred prior to the date of this Agreement. Non -Recourse Obligation. No officer, official, employee, agent, or representatives of City shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, employee, agent, or representative. Entire Agrgement; Amendments. This Agreement shall constitute the entire agreement of the parties. This Agreement may be amended or modified only by an agreement in writing signed by the parties. [end — signature page follows] 9G 5 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives, as of the date first above written. ATTEST: Agency Secretary APPROVED AS TO FORM: Agency Counsel ATTEST: City Clerk APPROVED AS TO FORM: City Attorney "AGENCY" LA QUINTA REDEVELOPMENT AGENCY M Terry Henderson, Chairwoman "CITY" CITY OF LA QUINTA M Don Adolph, Mayor 74B 0 Ii: PUBLICLY OWNED RAPROVEMENTS All offsite and on site improvements associated with Capital Improvement Project 2000-06, the City of La Quinta Library, including but not limited to structures, utilities, landscape installation, parking areas, and fixtures. 93 \ 7 s y 5 OFAGENDA CATEGORY: COUNCIU/RDA MEETING DATE: April 20, 2004 BUSINESS SESSION: ITEM TITLE; Approval of a Professional Services CONSENT CALENDAR: Agreement with PW Construction, Inc. to Provide STUDY SESSION: Construction Management Services for the Municipal Library, Project No. 2000-06 PUBLIC HEARING: RECOMMENDATION: Approve a Professional Services Agreement (PSA) with PW Construction, Inc., in the amount of $300,000, to provide construction management services for the Municipal Library, Project No. 2000-06. FISCAL IMPLICATIONS: The following represents the project's approved funding and funding sources: Funding Source Library DIF County Library DIF Library Fund Sub -Total: Less Prior Expenditures (as of 3-31-04): Total Funding Available: Amount $4,301,676 $ 400, 000 $409,137 $5,110,813 ($436,764) $4,674,049 The following represents the estimated costs to complete the project: Construction: $4,075,000 Architectural Design/Construction Support: $173,217 Construction Management (Inspection): $300,000 Materials Testing and Construction Survey: $55,000 Administration: $131,1 19 Contingency at 5%: SUBTOTAL: $4,734,336 $237,000 TOTAL: $4,971,336 90 Adequate funding is available to support staffs recommendation to award a PSA to PW Construction, Inc. to provide construction management services for the Municipal Library. However, as indicated above, a potential funding shortfall, in the amount of $297,287, may exist for the construction phase of the project. Additional funding within the City's "Library Fund" is available to cover this shortfall. As of March 31, 2004, the available fund balance within the "Library Fund" was $1,461,608.00. Considering that actual construction bids have not been received, staff is not recommending any adjustments to the project budget at this time. Staff will reevaluate the project budget upon receipt of construction bids and will submit funding recommendations to the City Council during its consideration of construction award. CHARTER CITY IMPLICATIONS: None. Construction of the library was bid on a prevailing wage basis since Redevelopment Agency funding is going to be utilized to loan funds to the Library DIF. To determine whether projects will be bid on a prevailing wage basis, staff anticipates the funding source(s) that will be used. If the project requires more than one funding source and one of the funding sources requires the payment of prevailing wages, then the entire project is bid based upon the payment of prevailing wages. BACKGROUND AND OVERVIEW: The project site is located within the La Quinta Civic Center Campus, north of the Senior Center and west of City Hall. Phase I construction of the La Quinta Municipal Library includes a 20,000 square foot building shell of which 10,000 +/- square feet will be finished, furnished and equipped for use. The interior of the unfinished space will include rough wiring, lighting, dry wall, etc.; however, it will not be occupied until the needs of the Library are expanded. Mass grading of the project site was completed during the construction of the Civic Center Campus Improvements. The existing parking lot will be modified to allow for handicap parking and access by service and emergency vehicles. On April 17, 2001, the City Council approved the distribution of a Request for Proposal for Architectural Design and appointed a Consultant Selection Committee. On November 6, 2001, the City Council approved a Professional Services Agreement (PSA) in the amount of $514,707.00 to prepare the plans, specifications and estimates (PS&E) for the La Quinta Municipal Library, Project No. 2000-06. On February 2, 2003, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional construction management services for the 100 2 Municipal Library, Project No. 2000-06 and appointed a Consultant Selection Committee. On February 17, 2004, the City Council approved the plans, specifications and engineer's estimate of probable construction costs (PS&E) and authorized staff to advertise the Municipal Library, Project No. 2000-06 for bid. The PS&E are available for review within the Department of Building and Safety. The City received three proposals from qualified construction management firms on March 3, 2004. The Consultant Selection Committee interviewed all three firms on March 18, 2004. Following its evaluation of each proposal and information gathered during the interviews, the Consultant Selection Committee recommends PW Construction, Inc. be awarded a PSA, in the amount of $300,000.00, to provide construction management services during the construction of the Municipal Library. A copy of the proposed PSA is presented as Attachment 1 to this report. A consent item is before the City Council today for approval of a financing agreement between the La Quinta Redevelopment Agency and the City of La Quinta for construction and equipment for the City's library, and approval of an advance not to exceed $3,100,000 from the Redevelopment Agency Capital Projects No. 1 Fund to the Library Developer Impact Fee Fund (DIF). The following represents how the project is expected to proceed: Advertise for Bid April 8, 2004 - May 13, 2004 Council Considers Construction Contract May 18, 2004 Sign Contracts/Mobilize, May 19, 2004 - May 31, 2004 Construction (10 Months) June 1, 2004 - Ma rch 31, 2005 Project Acceptance April 2005 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement (PSA) with PW Construction, Inc., in the amount of $300,000, to provide construction management services for the Municipal Library, Project No. 2000-06; or 2. Do not approve a Professional Services Agreement (PSA) with PW Construction, Inc., in the amount of $300,000, to provide construction management services for the Municipal Library, Project No. 2000-06; or 1Cl1 3 3. Provide staff with alternative direction. Respectfully submitted, I Oft Tom Hartung Building and Safety Director Approved for submission by: r4a s P. Genovese, City Manager Attachment: 1. Professional Services Agreement (PSA) 4 9 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and PW Construction, Inc., ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide Construction Management Services for the City of La auinta Municipal Library as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La O.uinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work R N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2000 Prjcts\2000-06 Municipal Library\Consultants\PWConstruction\PWConstPSA.doc fasf Of 9 1 5 at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Three Hundred Thousand Dollars ($300,000.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2000 Prjcts\2000-06 Municipal Library\Consultants\PWConstruction\PWConstPSA.doc Page# f l 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Paul G. Marshall, Jr., President b. Dan E. Silverman, Senior Director, Project Manager It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shell be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Tom Hartung, Building and Safety Director or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. ,_l N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2000 Pgcts\2000-06 Municipal Library\Consultants\PWConstruction\PWConstPSA.doc Page 3 of 9 1 (l J 7 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2000 Prjcts\2000-06 Municipal Library\Consultants\PWConstruction\PWConstPSA.doc Page 4 of 9 1U 8 All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2000 Prjcts\2000-06 Municipal Library\Consultants\PWConstruction\PWConstPSA.doc Page 5 of 9 �01 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2000 Pdcts\2000-06 Municipal Library\Consultants\PWConstruction\PWConstPSA.doc Page 6 of 9 10, 8 10 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2000 Prjcts\2000-06 Municipal Library\Consultants\PWConstruction\PWConstPSA.doc Page 7 of 9 1i;o interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: PW Construction, Inc. Attention: Paul G. Marshall, Jr. President 1905 E. Route 66, Suite 200 Glendora, CA 91740 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2000 Prjcts\2000-06 Municipal Library\ConsultantskPWConstruction\PWConstPSA.doc Page 8 of 9 110 12 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date: ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: PW CONSTRUCTION, INC. By: Name: Paul G. Marshall, Jr. Title: President Date: N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2000 Prjcts\2000-06 Municipal Library\Consultants\PWConstruction\PWConstPSA.doc Page 9 of 9 111 13 Exhibit A Scope of Services PW Construction, Inc. Scope of Services, dated April 5, 2004, is attached and made a part of this Agreement. 112 14 ;a AW Construction Management Services Proposal City of La Quinta Municipal Library Exhibit A -Scope of Services Project Understanding and Approach The city of La Quinta is seeking a firm to provide Professional Construction Management services to support Capital Improvement Project Number 2000-06, the City of La Quinta Municipal Library. Project The library will be constructed within the La Quinta Civic Center Campus as indicated Understanding on the site plan included in the RFR Phase 1 construction will include an approximately 20,000 square foot building shell of which approximately 101000 square feet will be finished, furnished and equipped for use. The interior of the remaining space will only include rough electrical, dry wall, etc. but will not include finishes as this space will not be immediately occupied. Outlined below Is our approach to successfully fulfilling our obligation as Construction Manager for the City of La Quinta Municipal Library project. Our overall approach to construction management focuses on knowledgeable and careful attention to planning, review, organizational, and control issues. PW's general mindset is to implement methods and managerial skills to accomplish the work in a highly collaborative and participatory environment. Open-mindedness, cooperation, integrity, and clarity are values that are emphasized and instilled by PW Project throughout the project team. Approach Recognizing that a number of different entities --many of which are new to one another -we place a great deal of emphasis on team and relationship building, especially in the early stages of the project. A number of specific activities are described later in this section to get "everyone on the same page" so to speak from the start. Individual team members are given substantial opportunities to discuss their specific needs, concerns, and ideas. Problem solving, and problem avoidance, will be a collaborative team -wide effort (as much as possible) In order to facilitate synergy and harmonious working relationships by all. 113 15 J 1 Ar Construction Management Services Proposal City of La Quinta Municipal Library Project Understanding and Approach At the same time- and when necessary- PW Construction as Construction Manager will provide tough-minded leadership and decision -making in order to achieve the City of La Quinta's goals and expectations. Project Approach Our project approach is also heavily reliant on implementing our proven systems, (CONTINUED) processes, and procedures that are required to run an efficient, well-oiled construction project. We utilize state-of-the-art management information and effective project planning software as the technological logistical, operational, and financial "backbone" for the Municipal Library project. 114 16 Overview Phase One: Pre -Construction Phase r� u Construction Management Services Proposal City of La Quinta Municipal Library Scope of Work Program Tasks, Subtasks and Deliverables Outlined below is our overall project approach broken into specific task -elements and deliverables. For clarity, we have segmented the entire scope of work into three primary phases: - The Preconstruction Phase - The Construction Phase -The Post -Construction Phase PW Construction's activities and focus in this phase will set the tone and the direction for the entire project team. Most of our tasks will revolve around establishing and communicating a clear and concise "game plan" for all construction activities and processes. Additionally, PW will be developing a thorough understanding of the City's specific goals, needs, and requirements in order to ensure that our work ultimately delivers on their expectations. Outlined below is a summary of the key tasks and deliverables that we will provide in the pre -construction phase. Initial City/Construction Manager Planning Meeting A meeting(s) would be conducted between the key members of the PW project team and various City officials in order to receive direct input regarding goals, expectations, and any other pertinent information. Additionally, we would provide a pre -construction agenda for review and discussion at this meeting. Full Project Team organizational Kick -Off Meeting This off -site, all day session would bring the entire team together to specifically review and discuss the project's goals, schedules, responsibilities, communication, and other related topics. The meeting would be attended by representatives from the City, the City's consultants (e.g. NAI), project architect, appropriate contractors, and other project stakeholders. This meeting would be planned and facilitated by a professional team -building consulting firm, Win Win, which PW construction has involved successfully in past projects. L AP 0 AW Construction Management Services Proposal City of La Quinta Municipal Library Phase One: Pre -Construction Phase (CONTINUED) Scope of Work Program Project Management and Procedures Manual PW Construction would draft and produce the Project Management and Procedures Manual (PMPM). The PMPM is a tool designed to guide the work of the project team during the project in its entirety--pre-construction, construction, and post -construction phases. This manual will be the basic operational and procedural blueprint that will guide all of the members of the entire project team. All information relative to team interaction, responsibilities, decision -making and approvals, and team performance measurements would be outlined in this document. Pertinent information that was agreed to in the Organizational Team Kick-off Meeting (above) would be incorporated in the PMPM. Schedule Development Perhaps the most crucial tool for a successful construction management project is the schedule. PW Construction utilizes Primavera Systems software using CPM methodology to plan, control, and monitor the project. We will develop a master CPM schedule that will incorporate in detail start dates and durations for all project related activities. This schedule would incorporate the input and specific information discussed and agreed to at the Full Project Team Organizational Meeting mentioned above. Review Contract Documents and Coordinate Permit Requirements tin order to minimize the chance of cost, schedule, and/or administrative problems during construction, PW Construction would conduct a detailed review of the contract documentation and permits prior to the start of actual construction. We would verify that actual information contained in each is consistent with the City's understanding and requirements. Project Site Walk PW would schedule and attend a project site walk with the project architect, City representatives, and other design team members. Safety Management Plan One of PW Construction's highest priorities on each and every project is the issue of ensuring a safe work environment. This focus would be implemented on the City of La Quinta Municipal Library project with the same degree of importance. PW will draft the Safety Management Plan that will actually begin development in the pre -construction phase so that it can be completed at the start of the construction phase. Additionally, PW would incorporate various elements of the general contractor's and/or the city's safety -related provisions, also. 116 MAPP, Construction Management Services Proposal City of La Quinta Municipal Library Scope of Work Program The Safety Plan itself would focus on specific areas including: - Pragmatic approaches to safety specifically for this project - Determine site -wide safety requirements and communicate same to project contractors - Contractor requirements regarding OSHA, state, and other safety regulations - Review individual contractor(s) safety plans and make recommendations to the City where/if revisions are needed to ensure adequate detail and coverage - Specific plan for a Safety Orientation meeting for appropriate project contractor's personnel - Site safety inspection plan and audits - Bi-weekly safety meetings conducted by the CM ---these would be in addition to the Phase One: safety meeting held by individual contractor(s) Pre -Construction - Monitoring contractor compliance with OSHA and other safety related paperwork, Phase postings, and reporting (CONTINUED) To ensure the highest degree of safety throughout the duration of the project PW Construction would provide a highly skilled construction safety specialist to serve as Safety Director. This individual would be charged with the development of the safety plan and would monitor the program on an on -going basis. It is important to note that PW Construction has developed and implements its own Safety Management Plan. It is run by a senior staffer, Mike Williams, who has extensive experience in directing project safety programs as well as through knowledge of all applicable codes, regulations, and other required procedures and reporting requirements. PW Construction's role as Construction Manager will be to serve as the City's advocate throughout the construction phase. The focus will be to provide the necessary resources to ensure a "well-oiled" construction process-- with the end result being the completed Phase Two: construction of the Library that meets all quality, regulatory, timing, and budget Construction requirements. Phase During the construction phase PW will oversee all construction activities at the job site while maintaining coordination between the contractor, architect, engineers, City consultants, inspectors, and the City of La Quinta. Outlined below are the key tasks and deliverables that we will provide during the Construction Phase. 117 19 Phase Two: Construction Phase (CONTINUED) A Construction Management Services Proposal City of La Quinta Municipal Library Scope of Work Program Construction Supervision and Coordination As Construction Manager, PW Construction will provide general supervision and coordination of the general contractor's activities to ensure that the project stays on schedule and on budget. We will create well-defined authority and responsibility channels, so that progress is not unnecessarily held -up due to unclear or un-cooperative decision -making processes. Importantly, PW will ensure that all construction work Is consistent with the quality called for in the construction documents. Record Keeping Much of the ultimate success of a construction manager is their ability to maintain precise, reliable, and timely records and documentation. Central to this is the ability to communicate this information on both a pre -determined and an as -needed basis. PW would provide this function as follows: - Provide a weekly Project status Report to the City - Maintain comprehensive Field Diaries throughout the construction phase that Includes all pertinent reports, documents, change orders, RFis, etc. - Create and keep updated a Digital Photographic History of the project that provides a visual representation of all relevant activities at the construction site. - Complete Daily Inspection and Activity Reports that document weather conditions, contractor's work, contractor workforce data, problems, and other pertinent information. - Maintain current sets of Plans, Plan Revisions, Shop Drawings, Owners Manuals, Permits, and other relevant documents and support materials - Prepare and distribute a Weekly Statement of Working Days to the contractor - Review and Identify any discrepancies in Contractor and Sub -contractor Certified Payroll information Construction Monitoring and Inspection PW will play a significant role regarding a broad array of inspection activities for the project. This function will be managed by a certified inspection specialist that will be provided by PW Construction. This individual will serve as the Project Construction Inspector and will work closely with the On -site Construction Manager to ensure that 113 20 Phase Two: Construction Phase (CONTINUED) Construction Management Services Proposal City of La Quinta Municipal Library Scope of Work Program The major tasks that PW Construction will focus on in this area Include: - Thoroughly and continuously monitor the Contractor's work to ensure that it is being performed precisely as called for In the construction documents - Identifying any discrepancies relative to the above and determine appropriate course of action to achieve conformance - Reject any and all work performed by the contractor that is deemed defective and/or deficient - Monitor contractor's adherence to construction site procedures, including haul routes, staging, deliveries, dust and noise control, etc. and enforce adherence to agreed plan - Review and assess, in detail, Contractor's actual construction schedule (vs. planned schedule). Identify any specific problem areas and cooperatively work with contractor to implement solutions to keep project on schedule - Review and assess validity of required or optional changes to the Contractor's scope of work. Discuss specifics with Contractor and If deemed to be in City's best interest then provide City with written recommended change orders for approval. - Maintain detailed documentation of all significant discussions and decisions regarding project changes -both those that are implemented and those that are rejected and not implemented Some of the other specific tasks that PW would complete In the area of Construction Monitoring and Inspection would include the following: - Review laboratory, shop, and mill test reports of materials and equipment and coordinate with appropriate project team members as required - Monitor and document any underground electrical improvements and water/sewer improvements for compliance with the plans and for consistency with local Water District and Irrigation district requirements - Monitor all inspection activities conducted by the City and/or other entities Cost Controls and Budget Monitoring Cost controls and budget updates will be a central part of our weekly and monthly reports to the City. All cost estimates and bid documents will be consistently coded in order to quickly and accurately monitor plans vs. actuals. This will also help us to minimize possible claims and/or change orders. 113 21 •,1, Construction Management Services Proposal City of La Quinta Municipal Library Scope of Work Program Labor Compliance and Monitoring PW will monitor, collect, and review all required certified payrolls from not only the selected General Contractor, but will also review his subcontractors Certified Payroll compliance. PW will conduct on and off -site interviews with on site workmen to assure that the project is in compliance with the State Guidelines. This will protect the City from any claims from the State Labor Board for any noncompliance issues. Requisition and Payment Systems Phase Two: We will establish a clear procedure for submittal and approval of contractor payment Construction requests that are consistent with City and other requirements. In order for payment Phase requests to be processed we will review contractor work to ensure that the work has (CONTINUED) been adequately performed, lien wavers have been provided, and other required documentation has been forwarded as called for in the Contractors contract.. Additionally, we will perform the same function for any other purchases (i.e. besides those from the general contractor). Project Team Communications and. Coordination Conduct Weekly Construction Progress Meetings with all project stakeholders -including interested members of the community at large -to reviewand� discuss status, issues, and other project -related topics. PW would prepare agendas and minutes and distribute to participants. Coordinate the following necessary project tasks: submittal review with the design team; coordinate with City Engineer, Fire, Police, other departments as necessary, any and all surveying activities, testing requirements and schedules (coordination only -actual testing being conducted by/contracted through/via other entities) Phase Three: The close-out process will be planned ahead of time to ensure a smooth, orderly Post- transition to transitioning the library to the City of La Quinta for occupancy. Outlined Construction/ below are the key tasks and deliverables provided by PW Construction during this, the Close -Out Phase I final, phase of the project: 120 2 Phase Three: Post - Construction/ Close -Out Phase (CONTINUED) Construction Management Services Proposal City of La Quinta Municipal Library Scope of Work Program Punch lists We strive to avoid unnecessarily lengthy punch -lists that aren't addressed and corrected until the end of the project. To prevent this, we provide the contractor with a rolling -punch list at various points during the construction phase. With that said, there are invariably a number of items that do need to be corrected in the close-out phase, and PW will identify and ensure that the Contractor(s)' work is in complete conformance with quality and other specifications called for in the construction documents. Final Contractor's Payments PW will advise the City of La Quinta on proper processing of final payments to the general contractor. We will be responsible for obtaining lien wavers, general releases, warranties, guarantees, shop drawings, and all other required close-out documents. Installing City Furnished Furnishings, Fixtures, Equipment, and Materials PW Construction will coordinate delivery and installation of all owner furnished FF&Es. Drawings and Project File Transfer We will provide the City with all shop drawings, samples, as -built drawings, and project files for the City's permanent records. All documents will be meticulously organized to make future reference an efficient process. Commissioning and Transition to the City of La Quints PW Construction will coordinate all final inspections, certificates of occupancy, library staff orientation, owner's manuals and other final logistical needs for the City to occupy and operate the building. 1421 2 Overview The Project Construction Manager (PCM) AP Construction Management Services Proposal City of La Quinta Municipal Library Statement of Qualifications/Personnel PW Construction is proposing the following team that will deliver individuals with the necessary specialized skills and experience. Plus, most of these people have successfully formed high performance teams with one another on east public works oroiects. The proposed PW Construction Project Team, by function, is as follows: Position On -Site Staff / Consultant Dedicated Project Construction Mang er yes Staff Full Project Administrator yes Staff Partial Project Manager sometimes Staff Partial Project Scheduler no Staff Partial Project Safety Director sometimes Staff Partial Firm Principal as needed Staff I Partial Team Meeting Facilitator no Sub -Consultant I One-time Based on the scope of services required on this project, there will be two persons on site -the Project Construction Manager (PCM) and the Project Administrator (PA). The PCM and the PA would be supported by a team of specialists in our home office with the necessary expertise to assist them in carrying out their responsibilities. These team members would be on -site when necessary to superbly carry -out there responsibilities for the project. The PCM will serve as the eyes, ears, voice, and heart of the project team. Overall project planning, construction coordination, record keeping, resource projecting and reporting are the key components of the PCM's responsibility. The PCM will be on -site throughout the construction phase, and will work (at least) the same hours as the contractors. In the event that the PCM is absent from the site for one reason or another, the entire team will know how to reach him, plus there will always be a back-up manager on -call from PW that is available for owner and/or contractor needs at a moment's notice. More specifically, the Project Construction Manager would be responsible for the following areas (see the Scope of Work section for more specific detail): - Construction Supervision and Coordination - Contractor Management - Actively participate in evaluation and decision -making relative to Contractor's proposed changes to work, schedules, other issues - Regularly interact and collaborate with project Architects and other design team members �ne.) 4. 4. 24 LJ AP W Construction Management Services Proposal City of La Quinta Municipal Library Statement of Qualifications/Personnel The Senior Project Manager will have ultimate responsibility to deliver on PW Construction's obligations and commitments to the city of La Quinta. He will serve -in conjunction with the Firm Principal -as the executive in charge of the overall success of the project. More specifically, his responsibilities will focus on: - Establishing and ensuring that the firm provides necessary resources to successfully The Senior complete the project from Project Manager - Overall responsibility for budget and other financial related agreements between PW and The City - Establishes and monitors guidelines and expectations for PW s overall performance, and regularly solicits input from the City relative to same - Makes recommendations regarding means to continuously Improve PW's performance as Construction Manager for the project - Leads communication and interaction with senior City officials and other stakeholders - Develops overall project schedule -from initiation to close-out (in conjunction with Contractor's schedule) - Incorporate CPM scheduling methods, utilizing specialized construction project The Project management software such as Primavera Scheduler - Incorporates changes to overall schedule as needed in order to maintain schedule milestones and target completion dates - Coordinates with entire project team on issues relating to scheduling planning and Implementation The Project _ Develops the Project Safety Manual Safety - Leads project team safety orientation and training meeting(s) Conducts regularly scheduled and unscheduled site visits to monitor for compliance Manager - Provides guidance on handling of any violations The Firm Principal will be an active, involved member of the La Quinta Municipal Library Project Team. His primary responsibility will be for "buck -stops -here" responsibility for The Firm PW's overall success with the project. More specifically, he will: Establish overall policies relative to conduct and operations for the team Principal - Ensure that adequate resources are made available to fulfill PW s contractual obligations in all areas - Participate in executive level meetings and planning sessions with City officials 1`'3 25 r, L AP Construction Management Services Proposal City of La Quinta Municipal Library Statement of Qualifications/Personnel The Project - Day-to-day Team Building and Coordination Construction - Monitoring and Enforcing Project Procedures Manual Guidelines Manager - Schedule and Budget Maintenance and Adherence (Continued) - Scheduling Inspections and Site Walks The Project Administrator would support the Project Construction Manager with the administrative, clerical, and organizational duties relative to the project. Specific examples of tasks would include: The Project - Construction -Related Documentation and Record keeping Administrator - Communications with project team regarding meetings, agenda, minutes - Issuing updated schedules and other team correspondence - Coordinating with project team support members in home office Gathering organizing and or anizin all close-out documents and other required items n a l424 26 Paul Marshall Firm Principal Dean Jensen Project Construction Manager Construction Management Services Proposal City of La Quinta Municipal Library THE PROJECT TEAM / BIOGRAPHIES Paul "Sonny" Marshall is president of PW Construction. Under his 20 year leadership, the firm has successfully completed over $300 million of construction throughout Southern California and Nevada. Paul's a hands-on project executive who is known for his integrity, fairness, and dedication to owner satisfaction on each and every project that he oversees for the firm. His general contractor project experience is highlighted by commercial jobs in both the public and private sectors, with a substantial expertise in public works projects including libraries, recreational facilities centers, schools, and multi -purpose community centers. Paul will serve as the Senior Executive responsible for the entire La Quinta PW Construction Project Team. Dean's nineteen years of construction experience is highlighted by his long -running background in project management. In addition, his background includes work across a broad spectrum of jobs in the construction industry including project superintendent, city building inspector, and construction manager. Dean is a Certified Jurisdictional Building Inspector and carries the following certifications: - #84833:1994 Uniform Building Code - #088400-10:1997 Uniform Building Code - #0885400-01: 2000 International Building Code - #0885400-02: 2000 International Residential Code -1997 Uniform Plumbing Code Update Certification - Title #24 energy Field Inspection Certification - Reinforced Concrete Inspection Seminar Certificate Prior to joining PW Construction, Dean was Project Manager with Osborne Construction Management and Architecture where he simultaneously directed two school construction projects (total contract $5 million) which under his leadership were delivered on -time and within budget (despite the fact that they were eight months behind when he took them over). Also Dean was a Project Manager and Consultant with Brussel Construction Management. 14..5 27 LA W Construction Management Services Proposal City of La Quinta Municipal Library , THE PROJECT TEAM 1 BIOGRAPHIES Dan brings a wealth of senior -level project and program management, design and construction, and general management experience to the La Quinta Municipal Library project. Prior to joining PW, Dan was Vice President for Paragon Restaurant Group where he was Dan Silverman responsible for directing all restaurant architecture, design, construction, and real Senior estate. Additionally, he has been directly involved with construction projects including Project Manager retail, office, mixed -use, public works, master planned community, and high -end, custom residential projects. Dan is also a Certified Mediator in the Sate of California and is highly skilled at dispute resolution facilitation and team -building. Mike's twenty-two year construction background has run the gamut of managerial responsibilities in virtually every facet of the business. He has been with PW for fourteen years. During his tenure with the firm he has served in managerial capacities on over three dozen projects including contracting work for municipalities (Cities of Los Mike Williams Angeles, Corona, Yorba Linda, Oakland, Carson, etc.); school districts (Newport -Mesa, San Project Diego, Glendora, Oceanside, and others); and other public works projects (NASA, Scheduler Department of the Air Force, Navy, and Army) and Project Safety Director Before joining PW Mike served as Project Engineer for Shimizu America Corp. on the 34-story San Diego One American Plaza, as well as numerous other commercial projects. Mike will be planning and monitoring all safety programs and project scheduling for the La Quinta Municipal Library. 12G 28 Exhibit B Schedule of Compensation Payment shall be made on a Lump Sum fixed Fee Basis in accordance with the Consultant's Cost Proposal Sheet, dated April 5, 2004, attached herewith and made a part hereof, in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Three Hundred Thousand Dollars ($300,000.00) except as specified in Section 1.6 - Additional Services of the Agreement. 12 W i O N i co) 400. /A io O H G (D N t' O O O O O: �j16 'o N r Sri N O yON GocOMOOtl-N U � w O O N O O O o O L IN a A :IMCID - k gg x �.� ..A } a �p $ a Ln �['� m a "N400 (h (D (o�.-W); r co 0) No fA Of (A Cf 0 O NM M N cai to O V � 6EMAEA0 M V E9 N: m H! 7 O(o(DMIl-d' 1 M M N V T- N O :.± O LaaUjU)O a 0 0000 a1 N (D of Z 4 OO E (A m 0 w O ti ti L 0 69 EA 69 fi4 fA N O a. �s C N E 'j E L > j �N 7 a 0 4) E a `gin E= o3� c m 0 `-2 z0 R coo a: O O a CIH C O U H .= d d 0 L m O E�° C c 7 C 0 w d � cm d — O J CL C O0. CD E C O (0 CM eCp ' rO.t 3 N j (o�� (a mO N U V •7 C'4 to � U "�' C m U � Vi O U OIO O O 0 V a N U m� =J�oAO IN G. U �CiUQOa(nfn,`0 L= K (1 3 Z► C O ''I O j 0 O N m O w H O 'O � 60 �. = C O 'Q 'p �. E wcn n.t�UiU�m cnc.a. a.,cnaai- W Exhibit C Schedule of Performance Consultant shall complete all services within twelve months (365) days of the date of this Agreement. �03 31 Exhibit D Special Requirements None. 130 32 COUNCIL/RDA MEETING DATE: April 20, 2004 ITEM TITLE: Approval of a Request for Proposals to Provide Street Sweeping Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request for Proposals (RFP) (Attachment 1) to provide Street Sweeping Services for Fiscal Year 2004/2005. FISCAL IMPLICATIONS: Adequate funds for the street sweeping services have been proposed in the Fiscal Year 2004/2005 preliminary budget, Account No. 101-7003-431.33.65, in the amount of $130,000. CHARTER CITY IMPLICATIONS: The referenced services are funded by the General Fund. Therefore, under the Charter City status, the City is not mandated to pay prevailing wage rates. Prior to the implementation of the City's in-house Street Sweeping Program, the City utilized contract street sweeping services. From Fiscal Year 1990/1991 to the implementation of the City's In-house Street Sweeping Program, the City utilized five (5) different Street Sweeping Contractors. City streets were each swept once every two weeks. In each case, the level of services rendered did not meet City standards. As a result, contracts either were not renewed or were terminated. S:\CityMgr\STAFF REPORTS ONLY\4-20-04\C 3 Street Sweep.doc In an attempt to provide enhanced services at less cost, City staff investigated the feasibility of providing street sweeping services in-house. During the May 6, 1997 City Council Meeting, the City Council approved a six (6) month In-house Street Sweeping Pilot Program. The Pilot Program provided street sweeping services utilizing a rental sweeping unit (Tymco 600 Regenerative Air) and a temporary employee for twenty-six cycles beginning July 1, 1997. City streets were swept weekly. Given the success of the Pilot Program, during the November 18, 1997 City Council meeting, City Council approved the City's In-house Street Sweeping Program. . At that time, there were approximately one hundred and seventy five 0 75) curb miles within the City limits. This amount included center median curbs. Of the 175 curb miles, approximately 45 were swept by Sunline as part of the Regional Street Sweeping Program. The remaining 130 were swept in-house. Under normal conditions, the City's sweeper can service approximately 25 curb miles per day; however, weather conditions, such as wind storms, can significantly reduce the amount of curb miles swept per day. Routine maintenance and repair of the street sweeper also impairs the regular schedule. As of January, 2001, City staff was completing street sweeping operations on 141 curb miles of streets. This number will continue to increase due to the City's development. Under normal conditions, the City can only sweep approximately 125 curb miles per week. When the valley experiences high winds or the street sweeper is out for service due to routine maintenance and/or repair, the City's sweeping schedule falls further behind. In an effort to ensure weekly sweeping schedules are completed, staff proposed to sub -contract street sweeping services for all of the residential areas located north of Highway 111. There were approximately thirty (30) curb miles in this section (Attachment 2). Weekly services to this section of the City could be completed in three days and scheduled to coordinate with Waste Management's trash schedule. On February 6, 2001, the City Council authorized staff to distribute an RFP to obtain street sweeping services. On November 9, 2001, the City received one proposal. The proposal was submitted by California Street Maintenance in the amount of $35.00 per curb mile or $1,663 per week. Staff met with California Street Maintenance on November 16, 2001 for the purpose of refining the proposed scope of services and negotiating an acceptable contract amount. The proposed fee of $35.00 per curb mile included the disposal of all collected refuse at a legally established disposal area. During the negotiations, staff agreed that the City would provide the contractor with a refuse collection area and the City would provide for refuse disposal. Considering this scope change, the curb mile fee was lowered to $24.00 and came within the City's available budget. S:\CityMgr\STAFF REPORTS ONLY\4-20-04\C 3 Street Sweep.doc 2 132 During the December 18, 2001 City Council meeting, the City Council awarded a Maintenance Service Agreement to California Street Maintenance for 26 weeks, in an amount not to exceed $29,640.00. The original Maintenance Service Agreement allowed for two (2) one-year extensions renewable at the beginning of each fiscal year through Fiscal Year 2003/2004. During the June 4, 2002 City Council meeting, the City Council approved a one-year Maintenance Service Agreement extension in the amount of $59,280.00 to Clean Street (formerly California Street Maintenance). During the June 4, 2003 City Council meeting, the City Council approved a one-year Maintenance Service Agreement extension in the amount of $68,166.00 to California Street Maintenance. The schedule is as follows: City Council Authorization for RFP City Council's award of Contract Contract start date April 20, 2004 June 15, 2004 July 1, 2004 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposals to provide Street Sweeping Services for Fiscal Year 2004/2005; or 2. Do not authorize staff to distribute a Request for Proposals to provide Street Sweeping Services for Fiscal Year 2004/2005; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy R. Jo sso . E. ublic Work irect r/City Engineer S:\CityMgr\STAFF REPORTS ONLY\4-20-04\C 3 Street Sweep.doc 3 i 3 V Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Request for Proposal 2. Map of street sweeping areas S:\CityMgr\STAFF REPORTS ONLY\4-20-04\C 3 Street Sweep.doc 1?4 4 ATTACHMENT 1 CITY OF LA QUINTA REQUEST FOR PROPOSAL TO PROVIDE MECHANICAL STREET SWEEPING SERVICES The City of La Quinta requests proposals from qualified street sweeping companies to provide street sweeping services. 1. Services Requested Furnish all necessary materials, equipment, labor, and incidentals as required to perform street sweeping for the above stated project. The work involved shall include mechanical and/or manual sweeping of all curbed flow -lines, including all cross gutters, streets and paved center median islands. The areas to be swept consist of all designated streets located within the northern portion of the City as illustrated on Attachment 1. Each of the streets identified shall be swept a minimum of once per week. 2. Performance Standards Street sweeping shall be performed in accordance with accepted standards for routine and emergency municipal street cleaning. Additional performance standards include: 1. When necessary for proper street cleaning, more than one pass will be made on the street without additional charge; 2. Additional sweeps requested by the City of La Quinta for unsatisfactory performance shall be responded to immediately; 3. The City reserves the right to add additional streets and/or other right-of- way to the street schedule. The contractor shall provide any additional sweeping services at the agreed upon per curb mile cost; 4. Contractor shall maintain the sweeping schedule as approved by the City of La Quinta and shall maintain standby equipment to be used in the event of equipment breakdown or an emergency; 5. Sweeping in residential areas shall not commence prior to 7 a.m. 6. Sweepers shall not be operated faster than 10 mph when sweeping paper, leaves or light trash, 5 mph when sweeping normal accumulation of dirt, sand and gravel, and 3 mph when sweeping heavy accumulation of dirt, sand and gravel. J y T:\PWDEPT\COUNCII.\2004\04-20-04\SWEEPRFP.DOC V D 7. Contractor shall make arrangements with the Coachella Valley Water District (CVWD) to obtain and pay for water necessary for street sweeper operations. The City of La Quinta shall review and approve water access locations. 8. Contractor shall be responsible for disposal of all refuse collected by hauling the same to a legally established disposal area. If refuse is stored at a transfer site, the site shall be cleared weekly. Obtaining sites shall be the sole responsibility of the contractor. Transfer sites shall be approved by the City of La Quinta. 9. The City of La Quinta shall be the sole authority for canceling scheduled street sweeping due to inclement weather. When inclement weather prevents adherence to the regular sweeping schedule for two, or less days in a given week, the sweeping areas so affected by the inclement weather shall be swept within seven days of the scheduled sweeping without interruption of regular sweeping schedule. Contractor shall perform all make up work due to inclement weather without additional charge. 10. In the case of prolonged inclement weather, the City, at its discretion, will consider the Contractor's request to eliminate sweep days not completed. If sweep days are eliminated, the Contractor shall credit the City for curb miles not performed. 11. Contractor shall not sweep on Saturday, Sunday or City recognized holidays. 12. Consultant will submit a list of the type of equipment to be utilized, including the year, make and model of each sweeper proposed for providing these services to the City for approval. At a minimum the Contractor shall provide two (2) primary and one (1) back up sweeper. The two primary sweepers shall be regenerative air vacuum sweepers that comply with South Coast Air Quality Management District (SCAQMD) Rule 1186.1 Less Polluting Sweepers. 13. Contractor shall develop a weekly sweeping schedule for approval by the City of La Quinta. At a minimum, each street shall be swept as soon as possible following the weekly trash collection. 14. Contractor shall spray street with water during street sweeping operations to the extent required to minimize blown dust/dirt in compliance with AQMD - PM 10 requirements. s 1�6T:\PWDEPT\COUNCII.\2W4\04-20-04\S WEEP"P.DOC 3. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes provided by the City, clearly marked with the Contractor's name, address and phone number. Only one proposal per Contractor will be considered. Proposal packages are to be submitted to the City on/or before May 14, 2004. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Timothy Jonasson, Public Works Director/City Engineer City of La Quinta Public Works/Engineering Department 78-495 Calle Tampico La Quinta, CA 92253 4. Selection Process Work Programs will be reviewed by a Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may choose to interview two or more closely -ranked firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. Contractor's are encouraged to keep their proposals brief and relevant to the specific work required. The City will open contract negotiations with the top ranked firm. The successful consultant will be expected to enter into the attached Maintenance Services Agreement. Proposals shall include the following items: A. Work Proposal (envelope 1) - submit 4 copies 1. Cover Letter (1) The name, address and phone number of the contractor's contact. person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the contractor's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -contractors and their responsibilities. 2. Statement of Qualifications (1) A Fisting of proposed project personnel, including personal experiences and individual resumes for prime contractors and sub- contractors. (2) contractor's and sub -contractor experience with similar work, including names and current phone numbers of reference for existing and past clients. 7 1 %3A 7 T:\P W DEPT\COUNCIL\2004\04-20-04\.S W EEPRFP.DOC 3. Project Understanding and Approach A description of your project understanding and how you will approach the project. 4. Proposed Sweeper Schedule A comprehensive street sweeping schedule identifying the day and time each of the streets identified within Attachment 1 will be swept. B. Cost Proposal (envelope 2) The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. T:\PWDEPnCOUNCIL\2004\04-20-04\SWEEPRFP.DOC CITY OF LA QUINTA REQUEST FOR PROPOSAL TO PROVIDE MECHANICAL STREET SWEEPING SERVICES COST PROPOSAL SHEET The following is a summary of costs to provide the services outlined in the Request for Proposals for Mechanical Street Sweeping Services and will be used as the basis for negotiating a Professional Services Agreement: Item Description Unit Est. O.ty Unit Cost Extended Cost Street Sweeping Linear Mile 56.4 $ $ Prime Consultant: Date Signed: T:\PWDEMCOUNCIL\2004\04-20-04\SWEEPRFP.DOC MAINTENANCE SERVICES AGREEMENT THIS MAINTENANCE SERVICES entered into by and between the CITY corporation, and as follows: 1.0 SERVICES OF CONTRACTOR AGREEMENT (the "Agreement") is made and OF LA QUINTA, ("City"), a California municipal ("Contractor"). The parties hereto agree 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide those services related to Mechanical Street Sweeping as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof) . 1.5 Care of Work. Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Contractor, di Id the equipment, materials, papers and other components thereof to prevent losses of damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own T:\PWDEPT\COUNCIL\2004\04-20-04\sweeper Agreement.doc Pagel of 15 10 1,10 negligence. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contractor. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Contractor shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Specia! Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Contractor's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. T:\PWDEPT\COUNCIL\2004\04-20-04\sweeper Agreement.doc Page2 of 15 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. M C. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. T:\PWDEPT\COUNCIL\2004\04-20-04\sweeper Agreement.doc Page3 of 15 12 142 4.2 Contract Officer. The Contract Officer shall be Mr. James Lindsey or such other person as may be designated by the City Manager of City. It shall be Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Contractor only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Contractor shall procure and maintain during the term of this Agreement, at its cost, and submit to City for review by City's Risk Manager concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property rebulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither City nor its insurers .shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers, officials, members, agents, representatives and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Contractor shall carry commercial general liability insurance in the amount of $3,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. T:\PWDEPT\COUNCIL\2004\04-20-04\sweeper Agreement.doc Page4 of 15 143 13 Contractor shall carry automobile liability insurance of $3,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contractor, its officers, any person directly or indirectly employed by Contractor, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contractor's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Contractor shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. All insurance required by this Section shall be: (a) kept in effect during the term of this Agreement and shall not be cancelable, suspendable, avoidable or reduceable without thirty (30) days written notice to City of proposed cancellation and (b) placed with insurers with a BEST rating of no less than A + Class XIV. A certificate evidencing the foregoing shall be delivered to and approved by the City prior to commencement of the services hereunder. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Contractor shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, arising out of any liability or claim for liability, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Contractor, its officers, employees representatives, and agents, which arise out of acts or activities of Contractor's or Contractor's Officers, employees, agents or representatives, whether or not such act or activity is authorized by this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. T:\PWDEPT\COUNCIL\2004\04-20-04\sweeper Agreement.doc Pages of 15 14 144 b. Order Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 deports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning Contractor's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Contractor fails to secure such assigi-Iment, Contractor shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Contractor for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Contractor from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. T:\PWDEPT\COUNCIL\2004\04-20-04\sweeper Agreement.doc Page6 of 15 15 iA5 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contractor shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or T:\PWDEPT\COUNCIL\2004\04-20-04\sweeper Agreement.doc Page7 of 15 16 146 remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any terminationofthis Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Contractor. If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contractor for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Contractor, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Contractor T:\PWDEPT\COUNCIL\2004\04-20-04\sweeper Agreement.doc Page8 of 15 warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insul'z that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: To Contractor: CITY OF LA QUINTA Attention: James Lindsey 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. T:\PWDEPT\COUNCIL\2004\04-20-04\sweeper Agreement.doc Pages of 15 18 It-13 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, Contractor: a California municipal corporation By: DON ADOLPH, Mayor Name: Dated: Title: ATTEST: JUNE S. GREEK, CMC, City Clerk La auinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California T:\PWDEPT\COUNCIL\2004\04-20-04\sweeper Agreement.doc Page10 of 15 19 149 Exhibit A Scope of Services 1. Services to be Provided: California Street Maintenance shall furnish all necessary materials, equipment, labor, and incidentals as required to perform street sweeping for the City of La Quinta. The work involved shall include mechanical and/or manual sweeping of all curbed flow -lines, including all cross gutters, streets and paved center median islands. The areas to be swept consist of all designated streets located within the northern portion of the City as illustrated within Attachment 1, which is made a part of this agreement. Each of the streets identified shall be swept a minimum of once per week. 2. Performance Standards Street sweeping shall be performed in accordance with accepted standards for routine and emergency municipal street cleaning. Additional performance standards include: A. When necessary for proper street cleaning, more than one pass will be made on the street without additional charge; B. Additional sweeps requested by the City of La Quinta for unsatisfactory performance shall be responded to immediately; C. The City reserves the right to add additional streets and/or other right-of-way to the street schedule. The contractor shall provide any additional sweeping services at the agreed upon per curb mile cost; D. Contractor shall maintain the sweeping schedule as approved by the City of La Quinta and shall maintain standby equipment to be used in the event of equipment breakdown or an emergency; E. Sweeping in residential areas shall not commence prior to 7 a.m. F. Sweepers shall not be operated faster than 10 mph when sweeping paper, leaves or light trash, 5 mph when sweeping normal accumulation of dirt, sand and gravel, and 3 mph when sweeping heavy accumulation of dirt, sand and gravel. G. Contractor shall make arrangements with the Coachella Valley Water District (CVWD) to obtaiin and pay for water necessary for street sweeper operations. The City of La Quinta shall review and approve water access locations. H. The City of La Quinta shall be the sole authority for canceling scheduled street sweeping due to inclement weather. When inclement weather prevents adherence to the regular sweeping schedule for two or less days in a given week, the sweeping T:\PWDEPT\COUNCIL\2004\04-20-04\sweeper Agreement.doc Pagel 1 of 15 1JO 20 areas so affected by the inclement weather shall be swept within seven days of the scheduled sweeping without interruption of regular sweeping schedule. Contractor shall perform all make up work due to inclement weather without additional charge. I. In the case of prolonged inclement weather, the City, at its discretion, will consider the Contractor's request to eliminate sweep days not completed. If sweep days are eliminated, the Contractor shall credit the City for curb miles not performed. J. Contractor shall not sweep on Saturday, Sunday or City recognized holidays. K. Consultant will submit a list of the type of equipment to be utilized, including the year, make and model of each sweeper proposed for providing these services to the City for approval. At a minimum the Contractor shall provide two (2) primary and one (1) back up sweeper. The two primary sweepers shall be regenerative air vacuum sweepers that comply with South Coast Air Quality Management District (SCAQMD) Rule 1186.1 Less Polluting Sweepers. L. Contractor shall develop a weekly sweeping schedule for approval by the City of La Quinta. At a minimum, each street shall be swept as soon as possible following the weekly trash collection. M. Contractor shall spray street with water during street sweeping operations to the extent required to minimize blown dust/dirt in compliance with AQMD - PM10 requirements. T:\PWDEPT\COUNCIL\2004\04-20-04\sweeper Agreement.doc Pagel of 15 m NAMEID STNAME 204 ADAMS ST 204 ADAMS ST 204 ADAMS ST 204 ADAMS ST 204 ADAMS ST 204 ADAMS ST 204 ADAMS ST 204 ADAMS ST 204 ADAMS ST 204 ADAMS ST 204 ADAMS ST 204 ADAMS ST 204 ADAMS ST 204 ADAMS ST 204 ADAMS ST 303 ALBA CT 325 ALDEN CIR 722 ARBOLA CIR 807 AROSA WY 807 AROSA WY 19851 ASHLEY PL 19851 ASHLEY PL 19852 ASHLEY WY 18647 BAYBERRY LN 18647 BAYBERRY LN 18650 BIRCHCREST CIR 18650 BIRCHCREST CIR 18650 BIRCHCREST CIR 18650 BIRCHCREST CIR 18650 BIRCHCREST CIR 18650 BIRCHCREST CIR 18650 BIRCHCREST CIR 1916 BLAZING STAR TR 1916 BLAZING STAR TR 1916 BLAZING STAR TR 1916 BLAZING STAR TR 1916 BLAZING STAR TR 1916 BLAZING STAR TR 2152 BRADFORD CIR 19284 BRIDGETTE WY 19284 BRIDGETTE WY 19284 BRIDGETTE WY 19284 BRIDGETTE WY 19284 BRIDGETTE WY 19284 BRIDGETTE WY 19284 BRIDGETTE WY 19284 BRIDGETTE WY 19284 BRIDGETTE WY 2507 BUTTERCUP LN 2507 BUTTERCUP. LN LENGTH DOL TOTAL LENGTH 757.63 2 1519.63 2 11.56 2 304.04 2 661.59 2 72.67 2 72.67 2 307.53 2 829.91 2 1020.08 2 799.12 2 514.44 2 820.54 2 662.59 2 647.99 2 222.05 2 586.23 2 307.49 2 330.89 2 329.87 2 469.65 2 324.99 2 258.00 2 260.00 2 184.00 2 123.54 2 366.00 2 70.32 2 179.05 2 154.16 2 138.38 2 388.18 2 257.93 2 179.47 2 201.76 2 251.59 2 650.40 2 410.34 2 663.19 2 132.22 2 94.66 2 290.00 2 116.59 2 166.06 2 269.87 2 269.61 2 134.66 2 80.02 2 125.62 2 243.60 2 1515.26 3039.26 23.12 608.08 1323.18 145.34 145.34 615.06 1659.82 2040.16 1598.24 1028.88 1641.08 1325.18 1295.98 444.10 1172.46 614.98 661.78 659.74 939.30 649.98 516.00 520.00 368.00 247.08 732.00 140.64 358.10 308.32 276.76 776.36 515.86 358.94 403.52 503.18 1300.80 820.68 1326.38 264.44 189.32 580.00 233.18 332.12 539.74 539.22 269.32 160.04 251.24 487.20 22 ZJ4, 2507 BUTTERCUP LN 148.66 2 297.32 2507 BUTTERCUP LN 411.42 2 822.84 2634 CALICO CIR 131.73 2 263.46 2634 CALICO CIR 353.03 2 706.06 18564 CALLE SERENA 159.51 2 319.02 3219 CAMINO AMARILLO 358.58 2 717.16 3225 CAMINO•AZUL 387.49 2 774.98 3225 CAMINO AZUL 213.20 2 426.40 3225 CAMINO AZUL 348.78 2 697.56 3277 CAMINO DEL ORO 319.79 2 639.58 3277 CAMINO DEL ORO 323.76 2 647.52 3277 CAMINO DEL ORO 324.20 2 648.40 3307 CAMINO LA CRESTA 388.04 2 776.08 3311 CAMINO LAVAN DA 395.45 2 790.90 3311 CAMINO LAVANDA 560.95 2 1121.90 3354 CAMINO ROSADA 639.76 2 1279.52 3440 CANTERRA CIR 347.54 2 695.08 3441 CANTIERRA DR 383.34 2 766.68 3441 CANTERRA DR 278.36 2 556.72 3575 CARMEN PL 252.27 2 504.54 3583 CARNES CIR 585.47 2 1170.94 19009 CARRIE LN 258.51 2 517.02 19009 CARRIE LN 258.00 2 516.00 19853 CINDY CT 330.01 2 660.02 18656 COLDBROOK LN 66.51 2 133.02. 18656 COLDBROOK LN 254.19 2 508.38 18656 COLDBROOK LN 260.62 2 521.24 18656 COLDBROOK LN 43.09 2 86.18 18656 COLDBROOK LN 133.89 2 267.78 22677 COLDCREEK LN 130.09 2 260.18 19842 COMO CT 548.01 2 1096.02 19842 COMO CT 115.00 2 230.00 4824 CORTEZ LN 171 -.60 2 343.20 4824 CORTEZ LN 366.61 2 733.22 5038 CRISTOL PL 169.95 2 339.90 5180 DALEA CIR 416.39 2 832.78 5220 DARBY RD 3137.76 2 6275.52 5220 DARBY RD 377.73 2 755.46 5220 DARBY RD 111.85 2 223.70 5220 DARBY RD 14.67 2 29.34 19854 DEBBIE DR 270.71 2 541.42 19854 DEBBIE DR 280.00 2 560.00 19854 DEBBIE DR 280.00 2 560.00 19854 DEBBIE DR 280.00 2 560.00 18663 DESERT AIR ST 501.00 2 1002.00 18663 DESERT AIR ST 275.64 2 551.28 18663 DESERT AIR ST 48.46 2 96.92 18663 DESERT AIR ST 474.58 2 949.16 5498 DESERT CREST DR 179.00 2 358.00 5498 DESERT CREST DR 253.00 2 506.00 5498 DESERT CREST DR 255.00 2 510.00 153 23 5498 DESERT CREST DR 125.00 2 250.00 5498 DESERT CREST DR 129.78 2 259.56 5498 DESERT CREST DR 255.00 2 510.00 5500 DESERT EAGLE CT 622.57 2 1245.14 5504 DESERT FOX DR 503.30 2 1006.60 5504 DESERT FOX DR 525.70 2 1051.40 5504 DESERT FOX DR 264.51 2 529.02 5510 DESERT HILLS CT 504.06 2 1008.12 5527 DESERT ROCK CT 464.87 2 929.74 5533 DESERT SAND CT 502.53 2 1005.06 5538 DESERT STREAM DR 177.44 2 354.88 5538 DESERT STREAM DR 256.39 2 512.78 5538 DESERT STREAM DR 766.08 2 1532.16 5538 DESERT STREAM DR 130.65 2 261.30 5538 DESERT STREAM DR 86.08 2 172.16 5538 DESERT STREAM DR 469.65 2 939.30 5538 DESERT STREAM DR 324.99 2 649.98 5538 DESERT STREAM DR 75.00 2 150.00 5538 DESERT STREAM DR 157.83 2 315.66 5538 DESERT STREAM DR 42.12 2 84.24 , 19285 DESERT VIEW CT 501.77 2 1003.54 19286 DESERT WIND CT 491.81 2 983.62 18664 DIANE DR 550.57 2 1101.14 18664 DIANE DR 330.01 2 660.02 18664 DIANE DR 105.01 2 210.02 5830 DUNE PALMS RD 2638.81 2 5277.62 �•.�' 5830 DUNE PALMS RD 670.21 2 1340.42 5830 DUNE PALMS RD 452.64 2 905.28 5830 DUNE PALMS RD 638.52 2 1277.04 5830 DUNE PALMS RD 1219.53 2 2439.06 5830 DUNE PALMS RD 792.67 2 1585.34 6370 ESTELO CT 141.03 2 282.06 6511 FALMOUTH DR 294.04 2 588.08 6629 FIESTA DR 650.54 2 1301.08 .6629 FIESTA DR 880.05 2 1760.10 6758 FORBES CIR 665.70 2 1331.40 6758 FORBES CIR 158.81 2 317.62 6758 FORBES CIR 53.38 2 106.76 6843 FOXTAIL CIR 437.48 2 874.96 6905 FRONTERA DR 244.11 2 488.22 6905 FRONTERA DR 381.00 2 762.00 6907 FRONTERRA DR 71.62 2 143.24 19844 GENOA DR 176.00 2 352.00 19844 GENOA DR 79.00 2 158.00 19844 GENOA DR 255.00 2 510.00 19844 GENOA DR 250.00 2 500.00 7296 GOLDENROD CIR 523.02 2 1046.04 8183 HORSESHOE RD 981.59 2 1963.18 8236 HUMMINGBIRD LN 204.61 2 409.22 8406 IRIS CT 366.39 2 732.78 8428 IRWIN CIR 591.20 2 1182.40 24 154 18670 KARA, CT 380.00 2 760.00 19855 KAYE CT 330.00 2 660.00 9096 KRISTEN CT 330.01 2 660.02 9186 LA PALMA DR 198.35 2 396.70 9186 LA PALMA DR 507.50 2 1015.00 9186 LA PALMA DR 1149.24 2 2298.48 9244 LADERA DR 165.23 . 2 330.46 9244 LADERA DR 270.65 2 541.30 9244 LADERA DR 133.19 2 266.38 9244 LADERA DR 292.25 2 584.50 9244 LADERA DR 418.10 2 836.20 9454 LATIGO CIR 267.76 2 535.52 19287 LAURIIE CT 378.00 2 756.00 9935 LOS MANOS DR 189.26 2 378.52 9935 LOS MANOS DR 278.78 2 557.56 9935 LOS MANOS DR 430.14 2 860.28 9935 LOS MANOS DR 20.00 2 40.00 9935 LOS MANOS DR 190.47 2 380.94 9992 LOWE DR 831.17 2 1662.34 10178 MALIA CIR 152.94 2 305.88 10209 MANDEVILLE RD 161.23 2 322.46 10314 MARGiURITE CT 383.62 2 767.24 10334 MARIGOLD LN 1062.59 2 2125.18 10360 MARIPOSA CT 419.67 2 839.34 22679 MESSINA CT 221.08 2 442.16 10849 MILAGO DR 386.80 2 773.60 22085 M I LAN CT 221.09 2 442.18 22085 MILAN CT 552.01 2 1104.02 22085 MILAN CT 99.00 2 198.00 22085 MILAN CT 108.93 2 217.86 22085 MILAN CT 821.06 2 1642.12 10901 MINHOE RD 128.56 2 257.12 11349 N HARLAND DR 310.51 2 621.02 11349 N HARLAND DR 314.85 2 629.70 11349 N HARLAND DR 309.42 2 618.84 11349 N HARLAND DR 228.19 2 456.38 11396 NAPLES DR 124.00 2 248.00 11396 NAPLES DR 937.98 2 1875.96 11578 NOLAN CIR 574.59 2 1149.18 11691 NUEVO DR 223.38 2 446.76 11691 NUEVO DR 87.29 2 174.58 11796 OCOTILLO DR 387.44 2 774.88 11796 OCOTILLO DR 283.91 2 567.82 11796 OCOTILLO DR 279.57 2 559.14 1.1796 OCOTILLO DR 274.87 2 549.74 11796 OCOTILLO DR 232.89 2 465.78 11796 OCOTILLO DR 232.00 2 464.00 11796 OCOTILLO DR 440.60 .2 881.20 11796 OCOTILLO DR 181.97 2 363.94 12130 PALA CIR 108.64 2 217.28 12144 PALERMO CT 223.78 2 447.56 25 J `� 12155 PALM CIRCLE DR 540.3.1 2 1.080.62 12155 PALM CIRCLE DR 244.18 2 488.36. 12155 PALM CIRCLE DR 112.42 2 224.84 12155 PALM CIRCLE DR 276.50 2 553.00 12155 PALM CIRCLE DR 298.81 2 597.62 22871 PARKBROOK CT 81.40 2 162.80 22871 PARKBROOK CT 20.00 2 40.00 22871 PARKBROOK CT 129.99 2 259.98 20997 PARMA CT 223.78 2 447.56 20998 POM PE i i CT 115.00 2 230.00 20998 POMPEII CT 554.96 2 1109.92 13672 ROADRUNNER LN 439.33 2 878.66 13672 ROADRUNNER LN 546.96 2 1093.92 13672 ROADRUNNER LN 251.34 2 502.68 22680 ROME DR 46.00 2 92.00 22680 ROME DR 130.20 2 260.40 18600 ROUDEL LN 615.35 2 1230.70 13905 ROYAL PALM DR 360.57 2 721.14 13905 ROYAL PALM DR 625.12 2 1250.24 13905 ROYAL PALM DR 359.02 2 718.04 13905 ROYAL PALM DR . 142.29 2 284.58 13905 ROYAL PALM DR 160.29 2 320.58 13905 ROYAL PALM DR 742.97 2 1485.94 13905 ROYAL PALM DR 289.01 2 578.02 13905 ROYAL PALM DR 417.99 2 835.98 13905 ROYAL PALM DR 73.77 2 147.54 14050 SAFFRON CT 385.39 2 770.78 20999 SALERNO CT 223.78 2 447.56 20345 SAN MARINO CT 115.00 2 230.00 20345 SAN MARINO CT 554.96 2 1109.92 14385 SANITA DR 1151.21 2 2302.42 14385 SANITA DR 298.10 2 596.20 14385 SANITA DR 194.75 2 389.50 14618 SEELEY DR 311.94 2 623.88 14618 SEELEY DR 311.84 2 623.68 14618 SEELEY DR 310.83 2 621.66 14618 SEELEY DR 231.52 2 463.04 19848 SIENA CT 115.00 2 230.00 19848 SIENA CT 548.01 2 1096.02 15191 SONESTA WY 1183.24 2 2366.48 15409 STAR FLOWER TR 272.50 2 545.00 15409 STAR FLOWER TR 241.95 2 483.90 15409 STAR FLOWER TR 255.67 2 511.34 15409 STAR FLOWER TR 258.43 2 516.86 15409 STAR FLOWER TR 179.64 2 359.28 22872 SUMMERBROOK CT 135.05 2 270.10 22873 SUNBERRY CT 101.62 2 203.24 18679 SUNBROOK LN 84.67 2 169.34 18679 SUNBROOK LN 177.16 2 354.32 18679 SUNBROOK LN 606.94 2 1213.88 15864 SWEETBUSH LN 531.70 2 1063.40 26 1:6 16215 TIARA PL 249.62 2 499.24 19849 TORINO DR 256.94 2 513.88 19849 TORINO DR 136.92 2 273.84 19849 TORINO DR 133.34 2 266.68 19849 TORINO DR 273.85 2' 547.70 19849 TORINO DR 136.92 2 273.84 19849 TORINO DR 45.00 2 90.00 19849 TORINO DR 5.00 2 10.00 19849 TORINO DR 256.71 2 513.42 19849 TORINO DR 273.86 2 547.72 19849 TORINO DR 273.86 2 547.72 19849 TORINO DR 95.51 2 191.02 16362 TORTOLOA CIR 151.62 2 303.24 20638 TUCSON CIR 267.28 2 534.56 19850 VENICE DR 210.00 2 420.00 19850 VENICE DR 125.00 2 250.00 19850 VENICE DR 250.00 2 500.00 19850 VENICE DR 45.00 2 90.00 19850 VENICE DR 210.00 2 420.00 19850 VENICE DR 86.94 2 173.88 19850 VENICE DR 43.07 2 86.14 16798 VERBENA DR 386.56 2 773.12 16798 VERBENA DR 3.48 2 6.96 22681 VERONA CT 222.07 2 444.14 16912 VIA CALIENTE 339.85 2 679.70 16967 VIA CORONADO 418.78 2 837.56 16967 VIA CORONADO 52.75 2 105.50 16967 VIA CORONADO 268.54 2 537.08 17007 VIA DEL MONTE 309.95 2 619.90 17014 VIA DEL SOL 186.26 2 372.52 17300 VIA SEVILLA 1302.28 2 2604.56 17300 VIA SEVILLA 735.71 2 1471.42 17300 VIA SEVILLA 221.33 2 442.66 17628 W. HARLANDER DR 826.94 2 1653.88 17915 2631.36 2 5262.72 17915 1493.84 2 2987.68 17915 1160.72 2 2321.44 17915 2654.91 2 5309.82 17552 276.57 2 553.14 17336 155.61 2 311.22 17552 425.44 2 850.88 17552 271.42 2 542.84 17750 1421.67 2 2843.34 17750 600.67 2 1201.34 17457 296.41 2 592.82 17457 320.98 2 641.96 17457 315.28 2 630.56 17457 311.04 2 622.08 17457 203.37 2 406.74 17597 492.51 2 985.02 17457 374.99 2 749.98 V 27 Street Name From To Lanes Length/feet William Stone Way Monticello Ave Liberty Ave 2 600 Franklin Court Morris Ave CDS 2 145 Liberty Way Morris Ave Dandelion Dr 2 935 Morris Ave Liberty Ave CDS 2 985 Dandelion Dr Monticello Ave Liberty Ave 2 790 Monticello Ave Independence Way William Stone 2 800 Hancock Court Liberty Ave CDS 2 260 Declaration Court Monticello Ave CDS 2 450 Bayberry Lane Coldbrook Ln Deerbrook Ln 2 850 Coldbrook Ln Sunbrook Ln Wakefield Ln 2 1,585 Coldbrook Ln Wakefield Ln Woodberry Ln 2 1,285 Woodberry Ln Adams St Sunbrook Ln 2 120 Rockberry Court Coldbrook Ln CDS 2 385 Wakefield Circle Boldbrook Ln Coldbrook Ln 2 1,950 Deerbrook Circle Stonebrook Ct Bayberry Ln 2 470 Deerbrook Circle Bayberry Ln 'Stonebrook 2 920 Sunbrook Ln Bayberry Ln Wakefield Cr 2 800 Stonebrook Court Deerbrook Ln CDS 2 290 Verbena Drive Miles Ave Starflower Trail 2 740 Dandelion Ct Verbena w/s CDS 2 525 Morning Glory Ct Verbena w/s CDS 2 525 Calle Sonrise Calle Placido Calle Santa Brab. 2 1,025 Calle Santa Barbara Calle Sonrise Calle Palmeto 2 1,040 Calle Palmeto Calle Santa Barbara Calle Placido 2 1,020 Calle Placido Calle Sonrise Calle Palmeto 2 11,035 Nuevo Drive Calle Santa Barbara Calle Placido 2 11,055 Calle Vista Verde Nuevo Drive CDS 2 705 Calle Prospero Calle Palmeto CDS 2 675 Westward Ho Drive(southside) Jefferson ST. 1000 east 1 1000 CAMy Documents\J Lindsey\J Lindsey\Street SweTing\Stree t NameLength.doc � 28 1 � Exhibit B Schedule of Compensation Payment shall be provided to the Contractor for services rendered based upon each curb mile swept. Compensation shall be provided at $ per curb mile. Total compensation for all work under this contract shall not exceed ($ .00) except as specified in Section 1.6 - Additional Services of the Agreement. The following is a summary of costs to provide the services outlined within Exhibit A of this Agreement for Mechanical Street Sweeping Services. Item Description Unit Est. aty Unit Cost Extended Cost Street Sweeping Linear Mile 56.4 per week T:\PWDEPT\COUNCIL\2004\04-20-04\sweeper Agreement.doc Pagel of 15 29 Exhibit C Schedule of Performance Contractor shall complete all services within Three Hundred Sixty Five (365) days , from July 1 2004 to June 30, 2005 T:\PWDEPT\COUNCIL\2004\04-20-04\sweeper Agreement-doc Pagel 4 of 15 30 1 G 0 Exhibit D Special Requirements T:\PWDEPT\COUNCIL\2004\04-20-04\sweeper Agreement.doc Pagel 5 of 15 161 31 00 141 IFN pill[) E: It 1 NT I" U '19ARK All N't ON 1A1 1 TIC LA QUINTA I NTA 111611 SCHOOL CENTEI Pil IMSE111 M SOW, It U Fnnl-rm DESERT SANDS UNIFILD SCIIOOL DISTRI . -60IT COURSE VI It 0 Ni L-IM IF" N'T 111 AM NiF.11K ENNI: D11 All C AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: April 20, 2004 BUSINESS SESSION: ITEM TITLE: Approval of Contract Change Order No. 15 to Lundeen Pacific Corporation to Maintain the La Quinta Park CONSENT CALENDAR: Landscaping STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve Contract Change Order No. 15 in the amount of $77,41 1.00 (annual fee to be pro -rated for the remainder of this Fiscal Year) to Lundeen Pacific Corporation to maintain the La Quinta Park landscaping for Fiscal Year 2003/2004. FISCAL IMPLICATIONS: None. The cost for landscape maintenance is currently being paid from the Capital Improvement Program (CIP) to the construction contractor for this project. Upon approval of this Change Order, the costs will be shifted to the operating budget. Maintenance costs for the La Quinta Park were included in the 2003/2004 Operating Budget, Landscape Lighting Maintenance Contract, Account No. 101-7004-431.34- 04, therefore funding is available for this Contract Change Order. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Park is located on approximately 18 acres at the northeast corner of Westward Ho Drive and Adams Street. The Park consists of various sizes of lighted soccer fields, two lighted baseball fields, a concession stand, restrooms, tot lot playground, lighted basketball court, picnic areas with barbecues and shade structures. 163 S:\CityMgr\STAFF REPORTS ONLY\4-20-04\C 4 Lundeen.doc On August 5, 2003, the City Council accepted this project as complete and extended the landscape, irrigation and site maintenance of the park for an additional nine months. This revised maintenance period expired March 31, 2004 and should be assumed under the City-wide landscape maintenance contract at this time. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Contract Change Order No. 15 in the amount of $77,411.00 to Lundeen Pacific Corporation to maintain the La Quinta Park landscaping; or 2. Do not approve Contract Change Order No. 15 the amount of $77,41 1.00 to Lundeen Pacific Corporation to maintain the La Quinta Park landscaping; or 3. Provide staff with alternative direction. Respectfully submitted, R 0 imothy na s , P. E. Public Wo s Dir ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Contract Change Order No. 15 2 164 CONTRACT: CONTRACTOR: 4 L.M.C. 2000/1001 PROJECT NO. Page 1 of 2 Lundeen Pacific Corporation ATTACHMENT 1 N/A CONTRACT CHANGE ORDER NO. •1� Pursuant to the terns of the original Contract Agreement, you are hereby directed to make the herein asescribed changes or all do the following described work not included in the plans and specifications for this Con work shall conform to the terms, general conditions, and special provisions of the original Contract., DESCRIPTIC N A • La Quinta Community Park, all of the following items of work will require attention on.a daily ' pick u all trash and debris in landscape bases. 1) Empty all trash receptacles, restore liners or replace as necessary; 2) p' p areas, sidewalks, wood chip area and park turf area; 3) wash or wet wipe down all public seating areas including seat walls and park benches and tables; 4) monitor and maintain irrigation system; 5) open restroom by 6:00 AM . All of the following items of work require attention on a weekly bases. 1) Keep all areas weed free; 2) all shrubs and trees pedestrian traffic; 3) mow all turf areas , 4) Rack /Drag baseball infields; trimmed and ! or pruned so as not to impede pads all hot ash receptacles. See the attached 5) monitor and maintain irrigation system by meanest operational�1i �� maintenance Contract (LMC) shall apply. sheet for the number of trees. All other regwrem Turf IN tmIg PlaMsr A s_ Irrimion m..tt_2_6_ Ann L La Quints Community 536,730 sf = 59,040.30 43,720 sf = 3,279.00 5W,450 sf=15,091.70 $ 77,411.00 $6,450.92 Park (Westward Ho Q Adams) Total Contract Compensation for this Contract Change Order is in the amount of: $77,411.00 Previous Contract Amount through Contract Change Order No.14 _ $610,525.40 Add this Change Order 8 77.411.00 g $6879936.40 Revised Contract Total Submitted By Approved By: Data. Contrmfor, have ghren careful consideration to the change proposed and hereby agree, if this We, the undersigned rfonm a�labor proposal is approved, that we will provide all equipment, furnish all materials, pe , except as maybe noted above, and perform all services nec,eessary to complete the above specNed work, and hereby accept as full payment the amount shown above. Accepted By: Contractor: Lundeen Pacific Corporation Title: Date: 3 165 4 .47,Qu�fu, COUNCIL/RDA MEETING DATE: April 20, 2004 ITEM TITLE: Adoption of a Resolution Approving a Street Closure Permit for the Annual Don Berry Memorial Greater Coachella Valley Soap Box Derby to be held May 1, 2004 on Avenida Bermudas RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the temporary closure of Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west that connect to Avenida Navarro, for the annual Don Berry Memorial Greater Coachella Valley Soap Box Derby on May 1, 2004. FISCAL IMPLICATIONS: Funds were budgeted to support the Soap Box Derby. The amount of $2,800 was budgeted for the Soap Box Derby Operating Materials in Account No. 101-7003 431.56-52. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On April 1, 2004, representatives of the Don Berry Memorial Greater Coachella Valley Soap Box Derby applied for a temporary use permit to hold their annual event on Saturday, May 1, 2004, between the hours of 5:00 A.M. and 7:00 P.M. The Community Development Department will issue Temporary Use Permit 2004-454 after they receive comments from potentially affected agencies. The proposed race route is identical to the route used in previous years, and requires the closure of Avenida Bermudas between Calle Arroba and Calle Nogales, and closure of the side streets to the west that connect to Avenida Navarro, which include Calle Arroba, Calle Colima, Calle Monterey, Calle Chihuahua, and Calle Nogales. 166 S:\CityMgr\STAFF REPORTS ONLY\4-20-04\C 5 Soap Box.doc Temporary street closures are allowed if the City Council adopts a Street Closure Resolution pursuant to Municipal Code Section 12.32. If the Resolution is approved, the Public Works Department will issue an Encroachment Permit pursuant to Municipal Code Section 12.16 that requires implementing traffic safety measures including traffic control signs, barricades, and other safety measures. The temporary street closure will have minimal impacts on the surrounding area because other streets adjoining the site are available to provide access to the surrounding residential properties. The affected property owners will be notified of the upcoming event pursuant to the conditions of Temporary Use Permit 2004-454. Approval of the temporary street closure will not create conditions that may threaten the public health and safety needs of the community because specific conditions will be imposed as a part of Temporary Use Permit 2004-454. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the temporary closure of Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west that connect to Avenida Navarro, for the annual Don Berry Memorial Greater Coachella Valley Soap Box Derby on May 1, 2004; or 2. Do not adopt a Resolution of the City Council approving the temporary closure of Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west that connect to Avenida Navarro, for the annual Don Berry Memorial Greater Coachella Valley Soap Box Derby on May 1, 2004; or 3. Provide staff with alternative direction. Respectfully submitted, C5mota Jona o , P. E. Public Works Dir or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 2 167 S-\ritvMnr\STAFF RFPORTS ONI Y\4-90-04\r 'ii Snan Rnx_rinn RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO ALLOW THE TEMPORARY CLOSURE OF AVENIDA BERMUDAS BETWEEN CALLE ARROBA AND CALLE NOGALES, AND THE SIDE STREETS TO THE WEST THAT CONNECT TO AVENIDA NAVARRO, ON MAY 1, 2004, FROM 5:00 A.M. TO 7:00 P.M. FOR THE GREATER COACHELLA VALLEY SOAP BOX DERBY WHEREAS, the Greater Coachella Valley Soap Box Derby has applied for City Council approval to close Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west that connect to Avenida Navarro, for their special outdoor event to be held May 1, 2004; and WHEREAS, the City Council on the 20th day of April, 2004, reviewed and heard public testimony on this request to temporarily close Avenida Bermudas between Calle Arroba and Calle Nogales and those interconnecting streets to the west between the hours of 5:00 A.M. and 7:00 P.M.; and WHEREAS, the City Council finds the following facts and reasons to justify approval of said temporary street closure: 1. The temporary street closure is allowed based on Chapter 12.32.080 (D) of the Municipal Code which permits the City Council, by Resolution, to designate "temporary no parking" areas by placing signs adjacent to the street curb. The posting of "no parking" signs and installation of traffic barricades in all areas necessary to ensure traffic safety shall be completed as required by the Public Works Encroachment Permit. 2. The temporary street closure will have minor impacts on the area because other streets adjoining the site are available to provide access to the immediate neighbors surrounding the race event. The affected property owners will be notified of the upcoming event as required by Temporary Use Permit 2004-454. 3. The City can grant an encroachment permit to allow activities on public streets for specific periods if legitimate reasons are found to allow the closure and safety standards (Chapter 12.16 of the Municipal Code, Traffic -Control Devices) are provided, such as traffic barricades and "no parking" signs to ensure that the public is not "at risk" while attending the special event. 4. Approval of the temporary street closure will not create conditions that may threaten the public health and safety needs of the community at the various events because specific conditions will be imposed and shall be met. 3 163 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. That the above citations are true and correct and constitute the findings and requirements of the City Council in this case. Section 2. The City Council approves the closure of portions of Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west that connect to Avenida Navarro (Exhibit "A"), from 5:00 A.M. to 7:00 P.M. subject to conditions imposed by the Public Works and Community Development Departments. Section 3. The City Engineer, or his designee, will issue an Encroachment Permit (Chapter 14.16 of the Municipal Code) to the Don Berry Memorial Greater Coachella Valley Soap Box Derby regulating the closure of the streets provided certain traffic control standards and the Conditions of Approval for Temporary Use Permit 2004-454 are met. Section 4. "No parking" signs will be posted (Chapters 12.16 and 12.32 of the Municipal Code) as required by the Public Works Director, a minimum of 24-hours prior to the event. The Riverside County Sheriff's Department will tow any unauthorized vehicle within this area at the time of the event. Section 5. In case of bad weather, the City Manager is authorized to reschedule the street closure provided all conditions of approval under Temporary Use Permit 2004-454 are met. Section 6. The Don Berry Memorial Greater Coachella Valley Soap Box Derby personnel shall obtain an Encroachment Permit from the Public Works Department, including a traffic control plan, prior to closing the streets, and make arrangements to install all traffic safety signs and barricades prior to the closure of said streets. Section 7. A condition of Temporary Use Permit 2004-454 shall be to have Riverside County Sheriff's Department personnel on hand to assist the applicant with on -site security and provide traffic control measures needed to carry out the street closure permit. Section 8. The City Council authorizes City staff or other assigned safety personnel to close the event if at any time all safety standards are not being met, and thus could jeopardize those persons attending the function; and Section 9. The City Clerk shall cause this Resolution to be posted after its adoption. lr� 4 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 20th day of April, 2004, 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 5 170 '�c� EXHIBITA' N, BERRY* RIAL GREATER COAC�HELU4 VALLEY SOAP BOX DERBY I I I I I . i F�l F1 CaUe No I ales ' W ' Calle_Chihuahua t A c � ° � o tY z C3 d W Calle Monterey W . PF1 Cane Colimaroll F1 Li I CaUe Arroba I Ll 1, --j CaUe Chillon 171 4 �F' �cc�CfaTity0e AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: April 20, 2004 BUSINESS SESSION: ITEM_ TITLE: Approval to File a Funding Request Form for a California Department of Conservation Grant for CONSENT CALENDAR: Continuation of the Recycling Program STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the filing of a Funding Request Form for a California Department of Conservation Grant to continue the beverage container recycling program. FISCAL IMPLICATIONS: The City is eligible to receive $8,451 to continue beverage container recycling or litter reduction activities. Approval of this item would allow the City to submit the required application to receive these funds. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Every year, the California Department of Conservation allocates funds to cities and counties to conduct beverage container recycling (i.e. glass, plastic, and aluminum) and litter reduction programs. Cities receive at least $5,000 plus additional funds based on population. This year, the City of La Quinta is eligible to receive $8,451. To receive these funds, the City must submit a grant application describing proposed activities by May 3, 2004. The City's AB 939 consultants, Hilton, Farnkopf & Hobson, conducted a park survey on September 25, 2003, to ascertain the City's needs related to recycling. At their recommendation (Attachment 1), the City wishes to take advantage of this funding opportunity by submitting the attached Funding Request Form (Attachment 2) for 17 additional recycling containers to be placed at various parks and public venues around the City. The funds will also be used to purchase nine portable recycling containers to 1�of.. be used at special events, as well as promotional items made from post -consumer recycled material to be distributed at special events. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the filing of a Funding Request Form for a California Department of Conservation Grant to continue the beverage container recycling program; or 2. Do not approve the filing of a Funding Request Form for a California Department of Conservation Grant to continue the beverage container recycling program; or 3. Provide staff with alternative direction. Respectfully submitted, Jw, ,�2Chvrt Terry Deeringer, Management Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Park Survey by Hilton, Farnkopf & Hobson 2. Draft Grant Application 173 2 ATTACHMENT 1 HILTON FARNKOPF & HOBSON, LLC Advisory Services to Municipal Management 3990 Westerly Place, Suite 195 Newport Beach, California 92660 Telephone: 949/251.8628 Fax.- 949/251-9741. www.hf h-consultanu.com November 21, 2003 Mr. Jerry Herman Director, Community Development Department City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92253-1504 City of La Quinta Parks Visit Assessment Update Dear Mr. Herman: San Francisco Los Angeles Sacramento Portland Robert D. Hilton, CMC John W. Farnkopf, PE L. Scott Hobson, CPA Laith B. Eizet, CMC This. letter is an update to our letter dated November 6, 2003, outlining our findings and recommendations- from the park visits conducted on September 25, 2003 by Susan Collins and Debbie Morris of HF&H. At our meeting with the City on November 10, 2003, it was concluded that Frances Hack Park was not under the jurisdiction of the. City and would be eliminated from future recommendations. We have summarized below our recommendation of the number of recycling containers ed, and locations for placement of these containers. Also,. as discussed at to be.purchas the November 10 meeting, we have attached a price quote from a container manufacturer for the purchase of the recycling containers, a copy of the existing recycling label on the containers currently used at the parks, and a price quote. to. purchase 18 labels already in stock and available for immediate purchase to replace missing or damaged labels, and the cost of recreating the artwork and printing new labels. SUMMARY OF RECOMMENDATIONS Additional Containers City Hall Campus Area The campus area . is designed as a walking/ exercise trail; in order to optimize recycling at the campus we recommend that the City pour an additional cement pad by each 1'74 3 0 P", HILTON FARNKOPF & HOBSON, LLC Mr. Jerry Herman November 21, 2003 Page 2 trash container to add a recycling container. This would total. seven (7) new recycling containers. Desert Pride Park , Purchase one (1) recycling container to replace one of the two trash containers located at the park. La Ouinta Park Purchase two (2) recycling containers to replace two of the four trash containers located at the park. Sports Complex The Sports Complex currently has two recycling containers, we recommend adding five (5) more recycling containers, one to be placed at each dugout and the concession stand. Fritz Burns Park Skate Park Purchase one (1} recycling container to be located at the entrance to the park. Attached to this letter is a price quote from Upbeat, Inc., a container manufacturer previously used by the City. The quote is for 20 containers, however,- the quoted price of $411 per container is for as few as 6 containers, to as many as 23 containers. Also .listed on the quote is the price for producing artwork sent via computer from the City to be placed in the side panels of the containers. In addition to the quote, we have attached the specification sheet with a. drawing of the recommended container. The disposal opening on the specification sheet is 3.5 inches in diameter Marge enough only for cans), the manufacturer has included in its quote (at no additional charge) enlarging the opening to 5 inches to accommodate cans and bottles and changing the label to read "Bottles and Cann Only." 1'75 .4 .recycled O> paper HILTON FARNKOPF & HOBSON, LLC Mr: Jerry Herman November 21, 2003 Page 3 : Replace Missing or Damaged Labels on Existing Recycling Containers ' We recommend the following: Cove Oasis Trailhead There are -two unlabeled containers currently at the:trailhead: We recommend that the City place a recycling label on one of the existing containers to designate it as a recycling container. Adams Park Replace recycling labels on the five (5) existing recycling containers. Fritz Burns Park Skate Park Replace label on the recycling container near vending machines. PlaX rg, ound Replace labels on the two (2) existing recycling containers. Bleacher Area Replace broken lid and .replace label on the existing recycling container. Leonard St. Sauver of the City, believes that the City has at least one extra dome flip -top lid to replace the broken container lid at the bleacher area. Tennis Courts Replace. labels on the two. (2) existing recycling containers. Eisenhower Park Replace label on one of the two existing recycling containers. Velasco Park Replace label on the existing recycling container. 5 recycled L3 paper HILTON FARNKOPF & HOBSON, LLC Mr. Jerry Herman .November 21, 2003 Page 4 Attached to this letter is a copy of the existing recycling label and a quote from Screenland Graphics Company in Palm Desert. Screenland originally created the labels. for the recycling containers, and has 18 labels in stock which they will sell to the City for a discounted price of $2.95 per label, for a total of approximately $60. According to our findings, this would allow for the replacement of the 14 labels currently needed, and supply the: City with four additional labels. For future purchases of labels, a new screen would need to be created by Screenland for a one-time setup charge of $35. Future orders would cost. $4.95 per label for orders up to 49 pieces, and $3.95 per label for orders on 50 to 100 labels. We recommend that the City purchase the existing 18 labels from Screenland Graphics to replace the labels on the existing recycling containers. The condition of the labels needs to be monitored on a regular basis, with labels being replaced as needed. Replace 3-Yard Cardboard Containers with 3-Yard Commingled Recycling Containers There are three 3-yard cardboard containers at the park areas in the City (Senior Center, La Quinta Park, and the park at Truman Elementary School), HF&H contacted Deborah McGarrey at Waste Management to inquire as to the arrangements necessary to replace the cardboard containers with commingled recycling containers. Waste Management of the Desert will replace these containers upon City request. at no additional charge. If you have any questions regarding this letter, please do not hesitate to contact Susan Collins or. Debbie Morris at 949/251-8628. Very truly yours, Susan V. Collins Senior Associate cc: Oscar Orci, City of La Quinta Debbie Morris Professional Assistant 17' 6 recycled #.> paper ATTACHMENT 2 CITY/COUNTY FUNDING REQUEST FORM (FRF) IFY 00- 00 Please complete this form and return to the Department of conservation by: Mav 3, 2004. If your mailing or contact information is incorrect, please make the necessary changes to this form. Field Representative: Patti Holmes (916) 324-1164 City of La Quints City/County Mailing Address P. O. Box 1504 CRY La Quinta City/County Contact Person Mrs. Terry Deerin er Telephone # 760 777-7041 Please check if you are a: ® An individual city or county ❑ Lead agency (for other entities) ❑ JPA Name of Lead A I CAL Lead Aaencv/JPA Mailing Address Lead Agency /JPA Contact Person County Riverside Fax # (760) 777-7101 County Fax # Eiinibie Fundina Amount Fundina Cycle $89461 FY 200412005 State rp Federal ID or Tax Reporting CA 92253 95-3740431 tdeerin90la-quinta. In the following categories below, please identify the beverage container activity(ies) that you plan to implement with your city/county payment program funds. Include estimated dollar amounts. Check all boxes that apply. 1'7 3 7 Subtotal $79426 Restaurants/Bars Public Transit ❑Events ❑ Public Parks Power Washer ❑ Trailer ❑ Shopping Malls ❑ Theatres ❑ Civic Centers ® City/County Parks ❑ Beach ❑ Safety Equipment (gloves ❑ Special Events ❑ Airports ❑ Hotels ❑ Elementary Schools ❑ Recreational Areas ❑ Roadway etc.) ❑ Storage Container (rolls, ❑ Gas Stations ❑ Middle Schools ❑ High Schools Equipment/Supplies: ❑ Vehicle/Truck dumpsters, etc.) ® Other: Recycle stickers for ❑ Government Buildings ❑ Sports Complexes ❑ Colleges/Universities ® Recycle Bins exisplease in fy) ( specify) ❑ Businesses ❑ Other: [ILiners/Bags ❑ Theme Parks Pleasespecify) ❑ Lift gate Subtotal $ forol• , • ! � � Commercial Other: Liners/Bags Safety Equipment (gloves ❑ Mobile Home Parks ❑ Condominiums (Please specify) Equipment/Supplies: El Lift gate ❑ Power Washer, etc.) ❑ Storage Container (rolls, ❑ Apartments ❑ Vehicle/Truck ❑ Trailer dumpsters, etc.) ❑ Other: ❑ Senior Housing ❑ Recycle Bins Pleases ea ❑ Residential Subtotal $1,026 Promotional Items Lj Billboard/Signs ❑ Direct Mail 0 Newsletter/Brochures ❑ Print Ads El Other: (Please specify) ❑ Utility Bill Insert ❑ Web Page Ad ❑ Media , Radio, Video Subtotal $ ❑ Elementary School El Workshops ❑ Bulletin Board Puppet Show/Live Production ❑ Classroom presentations - Materials/Supplies: ❑ Recycling Guide ❑ Middle School ❑ High School ❑ Recycling Hotline ❑ Other: (Please specify) ❑ Brochures/Flyers/Posters ❑ Educational Packets ❑ Colleges/Universities ❑ Exhibits/Demos ❑ School Education ❑ Assemblies - ❑ Public Education I El Fairs Subtotal $ wRecycling Coordinator El Contractor/Consultant 0 Training Other: Pleases ea ❑ Grant Administration El Staff . No Subtotal $ Facilitate conversion , Buy or use products made In rural areas — share cost for back hauling recycled Other: please specify) of recycled materials into new products by from recycled beverage container material materials to market, share assisting to establish a purchase of equipment or initiate co-op for purchase of new business recycled materials GRAND TOTAL $8,451 SELF -CERTIFICATION I certify that the following amount of city/county funds from the DOC were expended for beverage container recycling activities. FY.• 2001/2002 and 200212003 Amount actuall expended/encumbered by June 30, 2003: City/County Name: La Quinta $14, 934 Name: Thomas P. Genovese Title: City Manager PIPdrinted Ore of Represen ' e signee Authorized toExpend Funds Title (Named on Resolution) Ci Mana er Name of Above Representative or Designee Date mas P. Genovese This form must be received by May 3.2004. Send to: Department of Conservation, Division of Recycling, Community Outreach Branch, City/County Payments, 801 K Street, MS 17-01, Sacramento, CA 95814-3533. Fax to: (916) 322-8758. E-mail your field representative. If you need assistance, please call (916) 322-0613 or 1-800-RECYCLE and ask for your field representative (listed on the front of this form). 179 8 T 4 '..'af 40aw tv COUNCIL/RDA MEETING DATE: April 20, 2004 ITEM TITLE: Approval of Project Applications for Grant Funds for the Per Capita and Roberti-Z'Berg-Harris Block Grant Programs Under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: / O STUDY SESSION: PUBLIC HEARING: Approve the project applications for grant funds for the Per Capita and Roberti- Z'Berg-Harris ("RZH") Block Grant Programs under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. FISCAL IMPLICATIONS: There are no matching funds required for either the Per Capita Grant, which is in the amount of $220,000, or the RZH Block Grant, which is in the amount of $62,172. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council adopted Resolutions (2003-085 and 2003-086, respectively) on September 13, 2003, granting approval to apply for grant funds for the Roberti-Z'Berg- Harris ("RZH ") and Per Capita Block Grant Programs under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. Contracts were issued by the Department of Parks and Recreation ("DPR") on October 24, 2003 for the respective grants (Attachments 1 & 2). These contracts represent an obligation on the part of the Department of Parks and Recreation to encumber the funds for use by the City for future approved projects. The RZH grant program is intended to meet the urgent need for safe, open, and accessible local park and recreational facilities for increased recreational opportunities 1 13 o that provide positive alternatives to social problems. The project application under the RZH Grant program (Attachment 3) proposes replacement of old playground equipment at the City -owned YMCA facility, for a cost of $62,172. The City is submitting two separate project applications under the Per Capita Grant Program. The first is for the interactive water feature and shade structures at the La Quinta Park (Attachment 4). The second is for a shade structure at the City -owned YMCA facility (Attachment 5). These two project applications total $219,987. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the project applications for grant funds for the Per Capita and Roberti- Z'Berg-Harris ("RZH") Block Grant Programs; or 2. Do not approve the project applications for grant funds for the Per Capita and Roberti-Z'Berg-Harris ("RZH") Block Grant Programs; or 3. Provide staff with alternative direction. Respectfully submitted, Terry Deeringer, Management Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Resolution 2003-085 2. Resolution 2003-086 3. RZH Project Application - YMCA Playground Equipment 4. Per Capita Project Application - Interactive Water Feature & Shade Structures 5. Per Capita Project Application - YMCA Shade Structure 2 181 ATTACHMENT 1 RESOLUTION NO.2003-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QU1NTA, CALIFORNIA, APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE ROBERTI- Z'BERG-HARRIS BLOCK GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 2002 Resources Bond Act Roberti-Z'Berg-Harris Block Grant Program WHEREAS, the people of the State of California have enacted the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 which provides funds for the Roberti-Z'Serg-Harris Block Grant Program for grants to eligible Applicants; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, �.... setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify, by resolution, the approval of the Applicant to apply for the Roberti-Z'Berg-Harris allocation; and WHEREAS, the Applicant will enter into a Contract with the State of California for the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. Approves the filing of an Application for local assistance funds from the Roberti-Z'Berg-Harris Block Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project(s); and lg4 3 Resolution No. 2003-085 2002 Resources Bond Act Roberd-Z'BerB-Harris Grant Adopted: September 16, 2003 Pepe 2 3. Certifies that the Applicant has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide, and 4. Certifies that the Project conforms to the recreation element of any applicable city or country general plan; and 5. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to Applications, agreements, payment requests, and so on, which may be necessary for the completion of the Project. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 161h day of September, 20031, by the following vote to wit: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOL 4Ma City of La Quinta, California ATTEST: JUN . GREEK, CMC, City Clerk City of La Quinta, California (City Seal) 4 183 RaaoNtdon No. 2002-085 2002 Raeo mm Bond Act Robwd-Z'B0941m Grant AdopW: S"twift 16, 2003 Pqp 3 APPROVED AS TO FORM: M. KATHERIN JENSON, ity Attorney City of La auinta, California 184 5 ATTACHMENT 2 RESOLUTION NO. 2003-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QU1NTA, CALIFORNIA, APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 2002 Resources Bond Act Per Capita Grant Program WHEREAS, the people of the State of California have enacted the Per Capita Grant Program which provides funds for the acquisition and developmentof 9 nei hborhood, community, and regional parks and recreation lands and facilities, and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the grant program, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify, by resoP lution the approval of the Applicant to apply for the Per Capita Allocation; and WHEREAS, the Applicant will enter into a Contract with the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La auinta, California, as follows: 1. Approves the filing of an Application for local assistance funds from .the Per pp Clean Air, Safe Capita Grant Program under the California Clean Water, Neighborhood Parks, and Coastal Protection Act of 2002; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Projectls); and 3. Certifies that the Applicant has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide, and 195 6 Resolution No. 2003-086 2002 Resources Bond Act Per Capits Grant Adopted: September 16, 2003 Pace 2 4. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to Applications, agreements, payment requests, and so on, which may be necessary for the completion of the Project(s). PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of September, 2003, by the following vote to wit: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOLOH, May City of La Quinta, California ATTEST: JU . 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 186 7 ATTACHMENT 3 State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION PROJECT APPLICATION 2002 RESOURCES BOND ACT Roberti-Z'berg-Harris Block Grant Program (Each Project must have its own Application.) PROJECT NAME Project Grant amount $ $62.172 YMCA Playground Equipment 1 Grant Applicant (Agency, address, and zip code) City of La Quinta P. O. Box 1504 La Quinta, CA 92253-1504 PROJECT LATITUDE AND LONGITUDE LAT 33N 41' 10' LONG 116W 17' 07" WILL THE PROJECT AFFECT A HISTOF Grant Applicant's Representative Authorized in Resolution Estimated Total Project Cost 49-955 Park Avenue X NO La Quinta, CA 92253 Thomas P. Genovese, City Manager tgenoves@la-guinta.org Name (typed or printed) and Title Email address Person with day -today responsibility for Project (if different from authorized representative) Dodie Horvitz, Community Services Director dhorvitzi4la-quinta.org Name (typed or punted) and Title Email address Brief description of Project Playground equipment at City -owned YMCA facility For Dev. Projects, Project Land Tenure is acres X Acres owned in fee simple by Grant Applicant Acres available under a year lease Acres other interest (explain) S $62,172 NEAREST CITY La Quinta code) (760) 777-7100 Phone (760) 777-7032 Phone For Acquisition Projects, Project land will be acres Acres to be acquired in fee simple by Grant Applicant Acres to be acquired in other than fee simple (explain I c:era that the ' rmation contai in Application, including required attachments, is accurate. Signed Date Grant plicant's Authorized Representative as shown in Resolution I certify th rojgct i nsistent with the park and recreation element of the applicable city or county general plan, the District park and recre t' an, o priate planning document, as the case may be, and will satisfy a high priority need. Signed G pglicant's Pla ing Agency Representative DPR 632 (6/03) SAMPLE COST ESTIMATE The sample cost estimate below is to assist you in developing a cost estimate for your Project. You may reformat and change the content as needed to accommodate each Project's scope. The items listed are illustrative only and are not intended to direct you in determining the scope of your Project, but merely to let you know the level of detail preferred. CAPITAL IMPROVEMENTS AMOUNT Playground equipment (see attached) $ 61,025 SUBTOTAL $ 611025 OTHER PROJECT -RELATED COSTS AMOUNT Design - Administration $ Contingencies $ 1,147 SUBTOTAL $ 1,147 FUNDING SOURCES RZH Block GRAND TOTAL . $ 629172 $ 62,172 138 9 03/30/2004 17:07 000000000000 PETE SELAK PAGE 01 • • dave bana associates inc. P.O.Box 1088, Tustin, CA 92781 (800) 669-25851 fax (800)729-2483 TO: Dodie Horvitz Fax: (760) 777-1231 From: Pete Selak Data: 3/30/2004 Re: YMCA.Design Pages: 2 including this page CC: file 13 Urgent X For Review 0 Please Comment IIPlease Reply Tank Y to prepam a budget egimate for the YMCA Day Cam 1? !!raMbudget figum for this project, ,cgopmal $28,209. 1i�stallatian 8110W oval of Existing Equipmat 3,200 $lte 2,864 SF to 12" Depth 9,300 `-concilete DmIer,178 LF 59340 SoF FAU Smfich* & Sh&/Swi% Mats 3,865 Soft Fall itistailation 31,000 Shade over new Play Structure 35" x 30' 13.000. Budget Total $7 1130 10 � s c `"�< v.F�� { �� ,� scf^ y,�jOj y... 7 r •r < ��an'� � - :l _ �.. 3��` 4 _. � r ,.. s s F'. i �L r e. '� � /e' C :`�'. "/... �� :, _ � ` 1 !�S. C � � � .. _ F. � .. 9t4l�� iM,l�a �. �. _ ; F; I 13 F ZO 3E)Vd i I ra D i. r rrA i a � s 1' f X 191 12 X993S 313d 000000000000 LO:LZ b00Z/0£/E0 ATTACHMENT 4 State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION PROJECT APPLICATION 2002 Resources Bond Act PER CAPITA GRANT PROGRAM Each Project must have its own Application PROJECT NAME Project Grant Amount 3 220,000 La Quinta Park Interactive Water Feature and Shade Structure Estimated Total Project Cost $ 205,297 Grant Applicant (Agency, address, and zip code) NEAREST CITY COUNTY Riverside La Quinta City of La Quinta P. O. Box 1504 La Quinta, CA 92253-1504 PROJECT ADDRESS (including zip code) 79-120 Westward Ho Drive La Quinta, CA 92253 PROJECT LATITUDE AND LONGITUDE LAT 33N 42' 55" LONG 116W 17' 10" Grant Applicant's Representative Authorized in Resolution Thomas P. Genovese, City Manager taenoves0_la- iuinta.org (760) 777-7100 E-mail Address Phone Name (typed or printed) and Title, Person with day-to-day responsibility for Project (if different from► authorized representative) Dodie Horvitz, Community Services Director dhorvitz011a-auinta.om (760) 777-7032 Phone Name (typed or panted) and T"dle E-mail Address Brief description of Project Acquisition and installation of an interactive water feature and shade structure at the La Quinta Park " Land Tenure for Dev. Projects — Project is: _ acres X Acres owned in fee simple by Grant Applicant Acres available under a year lease Acres other interest (explain) For Acquisition Projects Project land will be acres Acres to be acquired in fee simple by Grant Applicant Acres to be acquired in other than fee simple (explain) I certify that the information contained in this Application, including required attachments, is accurate and that I have read and unde the i portant information and as ances on the reverse of this form. Signed d �9 Date Gran Applicant's Authorized Representative as shown in Resolution I certify th is roject i consistent with the park and recreation element of the applicable city or county gene al plan; the district park and r e , or a r date planning document, as the case may be, and will satisfy a high priori nee . v 411 d Signed ate Grant pplica is Planning Agency Representative DPR 632 (6103) 194 13 The sample cost estimate below is to assist you in developing a cost estimate for your Project. You may reformat and change the content as needed to accommodate each Project's scope. The items listed are illustrative only and are not intended to direct you in determining the scope of your Project, but merely to let you know the level of detail preferred. SAMPLE COST ESTIMATE CAPITAL IMPROVEMENTS Interactive Water Feature (see attached) One 44' x 47' —14' entry height shade structure Two 24' x 38' —10' entry height shade structures OTHER PROJECT -RELATED COSTS Design Administration Contingencies FUNDING SOURCES Per Capita AMOUNT $ 146,764 $ 22,255 $ 12,340 SUBTOTAL $ 1819359 AMOUNT $ 5,803 $ 18,135 SUBTOTAL $ 23,938 GRAND TOTAL $ 205l297 $ 220,000 R $ 193 14 °c a OA t 4A 27464 Commerce Center Drive # I Temecula, CA 92590 (800) 264-7225 (909) 676-8706 FAX QUOTATION Date Quotation # 2/9/2004 202501 B Customer Name City of La Quinta PO Box 1504 La Quinta, CA 92253 Attn: James Lindsey Terms Rep FOB Project Net 30 SR factory Vortex Splash Pad Item Description Qty Rate Total Vortex Custom Vortex Splash Pad: 1 95,837.00 .95,837.00T -2 Spray- Cannons -2 Ground Geysers -4 Wall Sprays -1 Palm Tree . -3 Cattails -1 Magic Touch Bollard - 2 Deck Drains -14000 ga. holding tank, two outlets -1 Water Quality Management System:above ground 6 x 10 system, 7.5 HP, 220 V, three phase feature pump system, 2 x 5 s.f. sand filter w/5 HP pump, Chemical controller, 9 valve water distribution system, 18 output controller -1 Rain Diverter junction box Freight Commercial Freight 1 3,500.00 3,500.00 Subtotal The acceptance signature below serves as authorization to order the Items quoted and indicates acceptance of the listed prices and Sales Tax (7.75%) payment terms. Signature above will not substitute for a Purchase Order, if a Purchase Order is required by customer. TOTAL Unloading, storage and installation of equipment upon arrival is not included in above prices unless specifically noted on quote. SIGNATURE Page 1 194 . 16 MIRACLE ,0 27464 Commerce Center Drive # Temecula, CA 92590 kol (800) 264-7225 (909) 676-8706 FAX w QUOTATION Date Quotation # 2/9/2004 202501 B Customer Name City of La Quinta PO Box 1504 La Quinta, CA 92253 - Attn:. James Lindsey Terms Rep FOB Project Net 30 SR factory Vortex Splash Pad Item Description Qty Rate Total EXCLUDES: Filter sand, sodium hypochlorite & muriatic acid, electrical work, site work, installation, unloading, drainage, additional plumbing, fees & permits, safety surfacing. (E 4ioi^40$ �°io Subtotal $99,337.00 TheItems acceptanceow serves as authorization nand Sales. Tax (7.75%) $7,427.37 indicates ature cceptance t nce of. the .. P P payment terms. Signature above will not substitute for a Purchase Order, If Purchase Order is required by customer. TOTAL $106,764.37 Unloading, storage and installation of equipment upon arrival is not included in above prices unless specifically noted on quote. SIGNATURE Page 2 195 P6 ATTACHMENT 5 State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION PROJECT APPLICATION 2002 Resources ,Bond Act PER CAPITA GRANT PROGRAM Each Protect must have its own Application PROJECT NAME Project Grant Amount s 220,000 YMCA Shade Structure Estimated Total Project Cost S 14,690 Grant Applicant (Agency, address, and zip code) COUNTY NEAREST CITY Riverside. La Quint City of La Quints P. O. Box 1504 La Quints, CA 92253-1504 PROJECT ADDRESS (including zip code) 49-955 Park Avenue La Quinta, CA 92253 PROJECT LATITUDE AND LONGITUDE LAT 33N 41' 10" LONG 116W 17' 07" Grant Applicant's Representative Authorized in Resolution Thomas P. Genovese, City Manager taenovesb-la-auinta.ora (760) 777-7100 E-mail Address Phone Name (typed or printed) and Title Person with day -today responsibility for Project (if different from authorized representative) Dodie Horvitz, Community Services Director dhorvitz0_la-auinta.ora (760) 777-7032 E-mail Address Phone Name (typed or printed) and Tale Brief description of Project Acquisition and installation of a shade structure at the playground at the City-owned1acility used by the YMCA Land Tenure for Dev. Projects — Project is: _ acres X Acres owned in fee simple by Grant Applicant Acres available under a year lease Acres other interest (explain) For Acquisition Projects Project land will be - acres Acres to be acquired in fee simple by Grant Applicant Acres to be acquired in other than fee simple (explain) I certify that the information contained in this Application, including required attachments, is accurate and that I have read and undels the i ortant information nd as ances on the reverse of this form. Signed Date JGr1kntcant's Authorized Representative as shown in Resolution applicable city or county general plan, the district park I certify thct i consistent withthe park and recreation element of the app tYand recrear a priate planning document, as the case may be, and will satisfy a high priority n d.Signed L4. Grant Anol' nt's Planning Agency Representative DPR 632 (6103) 19G 17 The sample cost estimate below is to assist you in developing a cost estimate for your Project. You may reformat and change the content as needed to accommodate each Project's scope. The items listed are illustrative only and are not intended to direct you in determining the scope of your Project, but merely to let you know the level of detail preferred. SAMPLE COST ESTIMATE CAPITAL IMPROVEMENTS AMOUNT One 35' x 30' shade structure $ 13,000 $ SUBTOTAL $ 13,000 OTHER PROJECT -RELATED COSTS AMOUNT Design $ Administration $ 390 Contingencies $ 1,300 SUBTOTAL $ 1,690 GRAND TOTAL $ 14,690 FUNDING SOURCES Per Capita $ 220,000 197 18 i 03/30/2004 17:07 0000000.00000 PETE SELAK PAGE 01 dave bang associates, inc. -P.O.Box 1088, Tustin, .CA 92781 • (800).669-25851-fax (800)729-2483 r^i i:.w.'.:�:{.�.••:.2iu:d..: s , :4 -: ex _s: _• t'1 ::ar!•�P"r -: etr;a Zt�dt or Am �,4$�iAla:.:s+ To: Dodic Horvitz From: Pete Se1ak Re: YMCA.Design CC: file Fax: (760) 777-1231 Dam; 3/30/2004 Pages: 2 including this page Q Urgent . X For Review ❑ OW=.e Convnent - O Please Reply T1 ,€e r g our company to p a hwdget ostimate for the YMCA. Day Cam ... . Orsip4mWdo 4m for this p+nject. .; •r .S JG 81000 R of EASdng 3,200 � 2;864 SF 12'' ii 973M _ .. tVac�e Bmkr,1.79 IX 5,340 Sof Fali S� & Slic 1'SwirJ$ Mats 30865 Sof Pall 3,000 ," Shade a'vcr neww Play Stnueturie 35' x 30'- 1100 Budget Tartal 74 025 i 19 4 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: April 20, 2004 ITEM TITLE: Authorization for Overnight Travel for Member of the City Council to Attend the League of California Cities Legislative Action Days Conference in Sacramento, California to be held May 12 -13, 2004 RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for a member of the City Council to attend the League of California Cities Legislative Actions Days in Sacramento, California to be held May 12 -13, 2004. FISCAL IMPLICATIONS: Expenditures for this conference are estimated as follows: Travel $ 275 Hotel $ 250 Meals $ 100 Total $ 625 Funds for conference attendance are available in the Legislative Program's Travel and Training Account (#101-1001-411.51-01). CHARTER CITY IMPLICATIONS: None. 19.3 �0 BACKGROUND AND OVERVIEW: The League of California Cities will be holding their Legislative Actions Days conference at the Sheraton Grand Hotel in Sacramento, California on May 12 - 13, 2004. This conference will include an update on the Local Taxpayers and Public Safety Protection Act, discussion on current budget issues and strategies, networking, and meeting with legislators to discuss important city issues (Attachment 1) . FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for a member of the City Council to attend the League of California Cities Legislative Action Days Conference in Sacramento, California to be held May 12 — 13, 2004; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Terry De inger, Mana ment Assistant Approved for submission by: homas P. Genovese, City Manager Attachment: 1. Announcement -- League of California Cities Legislative Action Days Conference ATTACHMENT 1 Better Cities —A Better Life TO: Mayors, Council Members City Managers, Police Chiefs, Fire Chiefs, Fiscal Officers, Intergovernmental Relations Officers, Department Heads FROM: Chris McKenzie, Executive Director March 15, 2004 RE: Legislative Action Days Wednesday, & Thursday, May 12-13 Sacramento Sheraton Grand Hotel The League, in conjunction with our partners in LOCAL (Leave 'Our Community Assets Local), is holding our Legislative Action Days as noted above. Given the condition of the State budget and our efforts to protect local revenues, your attendance at this year's Legislative Action Days is more important than ever. We must make a strong showing of unity and strength in numbers as we convey our message to our lawmakers and the Administration. It is important that every city send a delegation including elected officials, top management, public safety leaders, and community leaders to impress on the Legislature the broad and deep base of support for the LOCAL cause. Attached is the program announcement and program outline, with registration in formation. The is no registration fee, but we must ask that you sign up in advance so we can prepare for you. You can make your hotel reservations directly with the Sheraton as indicated. Because we want to coordinate dinner appointments with legislators so we have maximum contact and effect, please work with your Regional Representative to set up such meetings. ADDED BONUS: The League's Latino Caucus will be holding several workshops at the Sheraton Grand Sacramento the morning of May 12 prior to the Legislative Action Days program. Caucus registration opens at 8:00 a.m., and the opening session is at 8:30 a.m. The panel on "Making Workers Compensation Work for You" is at 9:00 a.m., and the panel on "PERS: A Costly Investment" is at 10:30 a.m. For registration information contact the Latino Caucus at CalLatinoCaucus(aaol.com, or John Arriaga at 916-669-1340. Headquarters Southern California Office 1400 K Street 602 East Huntington Dr., Suite C Sacramento, CA 95814 Monrovia, CA 91016 2 2 916.658.8200 626.305.1315 FAX 916.658.8240 FAX 626.305.1345 01 4� LEAVE OUR COMMUNITY ASSETS LOCAL Dedicated to Protecting Funding for Police, Fire. Health and other Essential LOCAL Services www,catocai.ong You Are Invited 10 Join Hundreds of California's Community leaders at LOCAL Legislative Action Days Wednesday A Thursday May 12-1312004 Sheraton Grand Hotel Sacramento; CA Register today on-line at www.calocal.or4 The LOCAL Coalition urges you. to be part of its third annual Legislative Action Days at the state Capitol. Join hundreds of local elected officials, public safety, health, labor and business groups from around the state and urge Legislators to protect our local services. Also, get an update on the Local Taxpayers and Public Safety Protection Act — a November '04 ballot measure being sponsored by key members of LOCAL that would require voter approval before the state could take local government funds in the future. Bring your elected leaders, public safety leaders, business leaders, and community leaders to demonstrate the broad support for protecting funding for locally delivered programs and services. Help get the public attention needed to preserve local services by being part of a giant press conference on. the steps of the Capitol and one. on -one meetings with legislators in their Capitol offices. Tentative Schedule Wednesday, May 12 7:30 a.m. - 5:00 p.m. 1:00 p.m. — 2:30 p.m. 2:30 p.m. — 5:30p.m. 5:30 p.m. —7:30 p.m. Thursday, May 13 8:00 a.m. - 9:30 a.m. 10:00 a.m. —11:00 a.m. 11:30 a.m. Registration Opening Remarks Remarks from Controller Steve Wesdy Discussion of Current Budget Issues and Strategies Visits with Legislators (LOCAL will arrange) Legislative Reception at the Sheraton Continental Breakfast Session Key Note Speakers: Members of Administration and Legislature Press Conference and Rally on the Capitol Steps Adjourn There is NO REGISTRATION FEE FOR THIS PROGRAM; but PLEASE REGISTER IN ADVANCE so we can help coordinate meetings.with your legislators, and prepare materials for you. Register on-line today at www.calocal.or4 or use the attached registration form. Hotel Reservations A block of rooms has been reserved at the Sheraton Grand Hotel in Sacramento at a .discounted rate for, LOCAL Legislative Action Days participants. Please book your room by contacting the hotel directly at (800) 325-3535 and identifying yourself as part of the LOCAL meeting. You must reserve your room by r. L Aorii 9� to receive this discounted rate. LEAVE OUR COMMUNITY AssETs LocAL ! Dedicated to Protecting Funding for Pblice, Fire, Health and other Essential LOCAL Services LOCAL Legislative Action Days Wednesday, May 12 - Thursday, May 13, 2004 Sheraton Grand Hotel, Sacramento, California REGISTRATION Register on-line today at www.calocal.Org or fill out the form below and either fax it back to (916) 442-3510 or mail ,it -to 1121 L Street, Suite 803, Sacramento, CA 95814 General Information Name: Title: Organization: E-mall:. Phone: Personal E-mail: "Please include your personal e-mail if you would like to have information on the Local Taxpayers and Public Safety Protection Act sent to your personal e-mail address. Are you associated with any of the following organizations (please circle one if applicable): League of California Cities CSAC CSDA Important! In addition to the above, we need the following information to schedule meetings with Legislators and other events. Please take the time to fill this .out completely Including your legislators, city, county and zip code. If you don't know who your Legislators are, we can look them up for you using your zip code. Your Senator: Your Assembly Member. City: County: Zip Code: Hotel Information A block of rooms has been reserved at the Sheraton Grand Hotel in Sacramento at a discounted rate for LOCAL Legislative Action Days participants. Please book your room by contacting the hotel directly at (800) 325-3535 and identifying yourself as part of the LOCAL meeting.. You must reserve your room by April 9th to receive this discounted rate. 204 MEA A E, 12bg COUNCIL/RDA MEETING DATE: April 20, 2004 -ITEMTITLE: Consideration of Public Safety Officer Sculpture Proposals RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: At the December 2, 2003 City Council meeting, the City Council appropriated up to $100,000 from the Art in Public Places account for the Public Safety Officer's Sculpture to be located on the Civic Center Campus. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the June 3, 2003 City Council meeting, the City Council asked that the Cultural Arts Commission work on a memorial to be located on the Civic Center Campus in honor of fallen officers as provided in Attachment 1. The Cultural Arts Commission considered this item at their July 10, 2003 meeting and recommended that artist Bill Ware submit a concept for an Acknowledgement Area for Fallen Officers to be consistent with the design of the Acknowledgment Areas for Veterans, Sports Figures and Artists at the Civic Center Campus. At the August 5, 2003 City Council meeting, the City Council considered the Cultural Arts Commission's recommendation and directed staff to issue a Request for Proposals (RFP) for a suitable art piece to acknowledge the officers and 44W firefighters that serve the City, as provided in Attachment 2. An RFP was issued and one proposal was submitted for City Council consideration at the December 2, 2003 City Council meeting, which was a firefighter holding a small girl. After some discussion, the City Council directed staff to redistribute the RFP for an art design that clearly signifies both fire and police safety personnel and allocated up to $100,000 for this project from the Art in Public Places account as provided in Attachment 3. An RFP was sent to approximately 35 artists and three proposals were submitted for the Cultural Arts Commission's review at their February 12, 2004 meeting. The Commission reviewed the following proposals: "Respect and Reunion" by Gary Alsum (Attachment 4), "Badges" by Mark Leichliter (Attachment 5) and "Out of Harm's Way" by Jeffery Fowler (Attachment 6). The Commission is recommending "Out of Harm's Way" by Jeffery Fowler. The art piece by Mr. Fowler would cost $125,000, which is $25,000 more than the City Council allocated for this project. Mr. Fowler's original proposal offers the art piece for $145,000 however, after evaluation, Mr. Fowler can produce the art piece for $125,000. According to the City Attorney, although the RFP stated that the budget for this project was $100,000, the City Council is not legally mandated to reject Mr. Fowler's submission, "Out of Harm's Way," because the production costs ($125,000) exceed the budgeted amount. Other options available to the City Council include approving one of the art piece proposals within the established budget or direct staff to reissue the RFP for additional proposals. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an art piece acknowledging Public Safety Officers within the established budget; or 2. Approve an art piece acknowledging Public Safety Officer and allocate additional funding from the Art in Public Places account; or 3.. Direct staff to reissue the Request for Proposals for the Public Safety Officers art piece; or 4. Provide staff with alternative direction. ��'0 02 Respectfully submitted, Attachments: unity Services Director Approved for submission by: Thomas P. Genovese, City Manager 1. Minutes of the June 3, 2003 City Council Meeting 2. Minutes of the August 5, 2003 City Council Meeting 3. Minutes of the December 2, 2003 City Council Meeting 4. "Respect and Reunion" by Gary Alsum 5. "Badges" by Mark Leichliter 6. "Out of Harm's Way" by Jeffery Fowler - 03 007 City Council Minutes ATTACHMENT 2 ugust s, 2003 8. CONSIDERATION OF ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING THE ISSUANCE BY THE LA QUINTA REDEVELOPMENT AGENCY OF LA QUINTA REDEVELOPMENT PROJECT AREA NO. 1 TAX ALLOCATION BONDS, TAXABLE SERIES 2003, AND MAKING CERTAIN DETERMINATIONS RELATING THERETO. Finance Director Falconer presented the staff report. RESOLUTION NO. 2003-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ISSUANCE BY THE LA QUINTA REDEVELOPMENT AGENCY OF ITS LA QUINTA REDEVEOPMENT PROJECT AREA NO. 1, TAX ALLOCATION BONDS, TAXABLE SERIES 2003, AND MAKING- CERTAIN DETERMINATIONS RELATING THERETO. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2003-70 as submitted. Motion carried unanimously. CONSIDERATION OF AN ACKNOWLEDGMENT AREA FOR FALLEN r— OFFICERS. Community Services Director Horvitz presented the staff report. Mayor Adolph stated he supports having a monument for police officers and firemen but questions the appropriateness of calling it an acknowledgment area for "fallen" officers. Council Member Sniff agreed the monument should honor police officers and firemen, and possibly in the name of Deputy Bruce Lee. Council Member Perkins suggested combining it by recognizing Deputy Lee, who sacrificed his life on behalf of the citizens of La Quinta, and honoring officers and firemen who risk their lives daily to serve the community. Mayor Adolph concurred. Council Member Perkins suggested referring this back to staff. Council Member Henderson stated she is opposed to asking Bill Ware to submit concepts for the art piece because the City has an RFP process to follow for projects like this. She doesn't support having another set of City Council Minutes 20 August 5, 2003 mountains in the Civic Center Campus, and believes different creative ideas will be submitted by a variety of artists. Council Member Perkins suggested providing artist with some guidelines as to what the Council wants, much like the Agency did for the architect RFP for the SilverRock Ranch. He doesn't feel this needs to go back to the Cultural Arts Commission, and can be handled by staff. Council Member Osborne agreed Council Member Sniff stated he agrees with distributing an RFP. He doesn't feel the art piece should be turned into a monument to Deputy Lee but to all officers and firemen who have served, are serving, and will serve in La Quinta. Chairperson Henderson stated she would like to see a statue of a person or flag but doesn't want to see some type of abstract design. Council Member Perkins stated he doesn't want a "bulletin board" but rather something unique that honors Deputy Lee and all police officers and firemen who have served, are serving, and will serve the City. Mayor Adolph noted there are no restrictions to any particular style of art in the Civic Center Campus because different concepts exist there. MOTION — It was moved by Council Members Sniff/Osborne to direct staff to move forward with a Request for Proposals (RFP) for a suitable art piece to acknowledge the officers and firemen who have served the City. Motion carried unanimously. MINUTE ORDER NO. 2003-79. 6. CONSIDERATION OF CIVIC CENTER ACKNOWLEDGEMENT AREA APPLICATIONS. Community Services Director Horvitz presented the staff report, and advised of a late application being received from Tom Freeman, a retired Lieutenant Colonel in the Air Force. Council Member Sniff asked about there being sufficient space on the veterans memorial for the number of names submitted, and Ms. Horvitz indicated there is. He noted there will be a need for another compatible mountain if the number of applications continue. City Council Minutes 6 ATTACHMENT 3 December 2, 2003 Council Member Sniff stated he feels it would be a waste of money, and doesn't support postponing it to sometime in the future. He views it as an eyesore and not an asset, and agrees the chimes would disturb residents in the area. Council Member Osborne stated he feels there may be a better use for the funds when the library is built. He agreed with postponing it to sometime in the distant future. Mayor Adolph noted Palmers Restaurant has a clock tower and Wells Marvin has talked about putting one in Old Town. He believes they add ambiance and that people get used to the chimes but he will go along with the majority. MOTION — It was moved by Council Members Henderson/Perkins to table consideration of a clock tower on the Civic Center Campus and direct staff to keep the plans and materials for future consideration in conjunction with the library construction. Council Member Sniff questioned the need to table this matter, and stated he will not support the motion. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO. 2003-119. 3. CONSIDERATION OF A SCULPTURE HONORING PUBLIC SAFETY OFFICERS AT THE CIVIC CENTER CAMPUS. Community Services Director Horvitz presented the staff report. Council Member Henderson stated she supports the Cultural Arts Commission's recommendation. Council Member Perkins stated he feels the sculpture should honor both fire and police, and noted the City recently lost a police officer in the line of duty. Council Member Osborne agreed, and stated he would like to have more designs to choose from. Council Member Sniff suggested sending this back for additional designs that honor both fire and police. City Council Minutes 7 December 2, 2003 Mayor Adolph stated he recalls. Council wanting something to honor both public safety agencies and maybe doing it in the memory of Deputy Bruce Lee, whether. a statue or something similar to the other memorials in the Civic Center Campus. He referenced "picture books" at the Arts Festival last year and stated he felt it would be an outstanding piece of art for the children's section of the new library. Council Member Perkins suggested the possibility of designing a sculpture of a police officer looking at the firefighter and child and putting them. next to each other. Council Member Henderson stated she feels the RFP .should be re -distributed to provide some choices for something that clearly honors bath fire and police. After a brief discussion, Council concurred to direct staff to redistribute the RFP for an art design that clearly signifies both fire and police safety personnel for an amount not to exceed $100,000. No action was taken. 4. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 6.08.050 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO DISTURBANCES BY CONSTRUCTION NOISES. Building & Safety Director Hartung presented the staff report. In response to Council Member Perkins, ,Mr. Hartung advised gardening equipment is under a separate section of the Zoning Ordinance. Council Member Osborne asked how the allowable working hours were determined, and if the City hears complaints from other contractors. He also asked who is contacted on site about the code violation. Mr. Hartung indicated. the hours have been a part of the City's ordinance since incorporation and probably were adopted from the County ordinance. The hours generally go along with Daylight Savings Time* and summer hours because of the heat. He stated the complaints received are usually related to holidays . that are recognized only by public entities, .and suggested the possibility of deleting some of them. Notification of the violation is usually given to the superintendent's office or the foreman in .charge. n C8 41 i- ATTACHMENT 4 • 0 REUNION by GARY ALSUM: 87"H x 47"W x 36"D J-1 A choice is a decision that we have the option to make, .. ,:-: �6�..<.' ti� .. �-- s -=z. +�a�::`- ate. _.....- -. _ _ ,,' - _ - - �� - - _ .. � '� •=y._� Y;�� - <�1�r�.� • 9 Courage is the first of human qualities because it is the quality which guarantees all others --Winston Churchill • r r� U Respect Clay Sketch by GARY ALSUM: I l 5% life size • 0 Respect Study by GARY ALSUM: 1 15% life size GARY ALSUM BORN: October 30,1957 Denver, CO EDUCATION: Greele , CO 1984 Life Drawing, University of Northern Colorado y Sioux Center, IA 1975-79 B.A. Dordt College Denver, CO 1975 Graduated, Denver Christian High School COMMISSIONS AND PUBLIC ART PLACEMENTS: Thornton, CO 2002 Firefighter Memorial, City of Thornton "Jack Fountain, Na'aina Kai Botanical Gardens Kilauea, Haua'i, HI 2001 & Co." 16'h "Steps to Success", Southeast Tennis & Learning Center Washington, DC "Jazz", City of Iowa City Iowa City, IA Honolulu, HI 2000 "Joy", City Of Honolulu "Giant Steps", "Frog Legs", Na'aina Kai Botanical Gardens Kilauea, Haua'i, HI "New Adventures", Upper Iowa University Fayette, IA "New Adventures ,� University of Colorado Nursing School Colorado Springs, CO , "New Adventures", Traut Elementary School Fort Collins, CO 1999 "Appalachian Dance" -Five Figures, City Of Asheville Asheville, NC • "And... They're Off!", Home State Bank Loveland, CO Oxnard, CA Multiple Purchases, City Of Oxnard Salt Lake City, UT 1998 "Harmony", American Stores, Inc. Palm Desert, CA "Proceed With Caution", City of Palm Desert 1997 "Picture Books", "Frog Legs", City Of Glendale Glendale, AZ Loveland, CO LoDenver, 1996 "Grandpa's Workbench", Deines Lumber "And... They're Off!", "Giant Steps", Greenfield Village CO 1995 "Grandpa's Workbench", Public Display Committee Holland, MI CORPORATE COLLECTIONS: Salt Lake City, UT American Stores, Inc Orange City, IA Diamond Vogel Paints Denver, CO Donahue Foundation Sioux Center, IA Dordt College Orlando, FL Edgewood Ranch Endowment Bradenton, FL Freedom Group Bartlesville, OK Phillips Petroleum PROFESSIONAL MEMBERSHIPS: Since 1992 National Sculptors' Guild i I 1 I 1 1 1 7 Of ,F. a AL N x t' t ^ r • • • SELECTED EXHIBITIONS: 2002 Two -Person Show, Columbine Galleries Loveland, CO 1998-01 Sculpture in the Park, National )uried Exhibition Loveland, CO 1992-01 Colorado Governor's Invitational Loveland, CO 1998,00 Allied Artists of America Annual Exhibitions New York, NY 1995 Solo -Show, Columbine Galleries Loveland, CO 1994 The Shining Mountains, Foothills Art Center Golden, CO Allied Artists of America Annual Exhibitions New York, NY Solo -Show, Home State Bank Loveland, CO El Paseo Exhibition Palm Desert, CA Danada Sculpture Show Chicago, IL 1993 Art in the Park, Warren Place Tulsa, OK "The Art of Celebrating", Invitational Show Fort Collins, CO Danada Sculpture Show Chicago, IL 1992 Strokes of Genius, Scottsdale Artists' School Scottsdale, AZ Allied Artists of America Annual Exhibitions New York, NY American Sculpture Exhibition Golden, CO 1991 .North Best and Brightest, Scottsdale Artists' School Scottsdale, AZ 1988-91 Sweetheart City Sculpture Show Loveland,. CO 1990 Allied Artists of America Annual Exhibitions New York, NY 1989 Colorado. Art Open Golden, CO North American Sculpture Exhibition Golden, CO Best and Brightest, Scottsdale Artists' School Scottsdale, AZ 1988-89 Poudre Valley Art League Regional Exhibit Fort Collins, CO 1988 Art.Burst 1988 Orange City, IA Two -Person Show, Columbine Gallery Loveland, CO _ O e)On 4. 4 4; "HARMONY" 'F S j1 r 'f 1<; ► ► Proposal by Mark Leichliter - Exocubic Studio ► and the National Sculptors' Guild We propose the creation of a sculpture monument comprised of a six foot tall sher- riff's badge and a six foot tall fireman's badge, each made of two or more layers of bronze ► and stainless steel. The badges will appear to be propped against each side of a ten foot wide 8 foot tall two foot thick plinth of black granite, one on each side. We believe that this will make a very dignified and elegant monument fitting for the purpose sought. i 1 The badges will be three dimensional in that they will be created out of separated - layers of bronze and steel. The individual layers will be designed on a computer and cut from sheets of metal using a waterjet process. This will allow for the images to be very 1 precise. The badges will look as if they are mirror images of the official badges. The colors 1 of these two metals will contrast sufficiently enough that the detailing of each badge will 1 be quite apparent. Each badge would be lighted from underneath to accentuate the depth 1 and definition. As a result, the badges will actually appear to goal at night. 1 It is recommended that appropriate verbage be etched on the black granite wall 1 next to each of the badges. This wording will be worked out with the design team and rep- resentatives from each department. 1 1 1 1 1 1 1 1 1 The sculpture will be installed with the use of fork lifts and cranes. The badges will be permanently attached to the plinth per the instructions of the recommendations of our structural engineer. The National Sculptors' Guild will be responsible for obtaining a sealed foundation plan and the necessary permits. Lighting shall be designed based upon the requirements of the site. The project schedule shall be based upon the August 2004 completion date. There should be no problem meeting the August 2004 completion, as long as the approval of Art Purchase Agreement is completed by March, 16, 2004. Please see the attached resume for similar projects. We are happy to submit addi- tional information on any of the completed public placements. Thank you for your consideration. Please let us know if you have any questions. Mark Leichliter - Exocubic Studio Sculptor John Kinkade National Sculptors' Guild 224 &qD This photo is presented to show the concept of pla- ceing the sculpture against the granite wall The wording would be etched into the stone to the right of the badge. At this time it would be our desire tc have the wall be at ground level so that it might be approached and accessible to all E Ll Z0 3Jdd QUOTAnONS ADDENDUM Au. GAVE Sofa - Sari. GAVE Au. You WQ.L NCVER DO Ah1YTEIING ri THI$ woRw WmOUT COURAGE. IT IS TM OXIALIWT UUALZL'Y OF THE BIND NEXT TO HQNOR. James L. Allen I THINK OF 'THOSE WHO WERE TRULY G"AT. THE NAMEs OF THOSE WHO IN THEIR LIVES PWORT FOR LIFE, WHO WORE AT THM HEARTS THE FM'S CRNTER. Stephen Spender IT IS AMEW GREAT PERIIS WE SEE BRAVE HEARTS. lean Francois llegnard COURAGE LS XI,MOSr A CON'L'LtAD=ON IN TE1tMS. LT MEANS A SMONG DID TO UVE TAXONG THE FORM,.OF READINZ55 TO DIE. G. K. Chesterton WHAT A NEW FACE COURAGE PUTS ON EVERMING! Ralph Waldo Emerson COURAGE iS GRACE UNDER PRESSURE. Ernest Hemingway TP,u : COURAGE ISM A KITE; A CONTRARY WWI) RAISES rr HIGHER. John petit--Scun COURAGE 15 RIMSrANCE TO FEAR, MASTERY OF FEAR, NOT ABSRNC.Z OF WAR, Zark Twain /S3I J31-1V9 3NIawnioo 890ZL99OL61 . r- 0� 11:Z0 ti00Z/ZZ/b0 �-•s� '� �'�t �� -fir �,f �R C.��,�.: 4. �' � •� s };"}�r .tip i f- 44. _ _ �. •y�' l.,'t, 77 ��'�: � trf-'� ,,e +s f i,.e ee��;i. Y r�# s �'fi 't�••.. �-�e.� ti ;g ifP*#►,t._.T'yf'•#. � J 6 Ll P�- 0 . Caduceus -- i �4.A _ 9,6 Ex Circle Totem LI �^n • 0 Unity A 4 u 1 EXOCUBIC STUDIO: A STATEMENT OF INTENT The role an artist plays, like most traditions within our cultural framework, is changing dramatically. Enough artists are icons of dysfunction geared toward the destruction of static social paradigms to prevent us from slipping backward into old patterns of thinking. Enough artists have embraced the consumptive/productive factory model to ensure a steady stream of non -threatening and competent decorations for the home and office. But certainly there is space for some to move on to new territory. It may be possible for the artist to aid in further transforming society, incorporating ideas of diversity, community, and tolerance into the creative language. Discarding the self-aggrandizing, neurotic definition of "art" and replacing it with a more inclusive, transcendent one anchored in real emotion and reason --rather than melodrama and irrationality —could make strides toward this goal. It seems the best forum for this is within the field of public art, art intended for the people. This is not to imply that said art would merely flatter and entertain, nor rebuff and complain, but would seek to inform and transform. • Exocubic Studio attempts to meet these needs by embracing a collaborative working model, allowing input from many sources and incorporating a multitude of means of producing artwork. The result is, hopefully, one wherein the line between artist, client, and audience is blurred and the sense of accomplishment is shared by all. • TSUNAMI A v 40 �� curriculum N,itae etc I Z- er— MARK LEICHLITER EXOCUBIC STUDIO BIOGRAPHICAL HIGHLIGHTS: 1994 Apprenticeship Completed; Began Sculpting Full -Time 1990 Apprenticed Under Kent Ullberg-Sculptor; Served as Production Manager, Specialized in Monumental Enlargements 1988 Production Manager, Welder, Enlargement Assistant at Ostermiller Studio 1966 Born in Loveland, Colorado RECENT COMMISSIONS: "Tsunami" 16' High 10' Diameter - Bronze/Stainless Steel Fountain City of Cerritos Cerritos, CA "Solar Sails" 18' High - Powder Coated Steel City of Paramount Paramount, CA "Inner Dance" 48" High - Gold Leafed Bronze with Granite Fountain Auto Nation, 'Lexus Cerritos, CA "Tropism" 5' High - Carved Alabaster Private Collector Loveland, CO "Recognition Plaque" 6' High - Collaborative Relief Loveland Museum and Gallery Collection Loveland, CO "Spirit of Troy" 56" High - Carved Limestone Toal/Chambers Collection Oklahoma City, OK "Haiku" 29" High - Carved Limestone Dr. Michael Harkey Collection Edmond, OK "Inner Dance" 48" High - Stainless Steel Private Collector Oklahoma City, OK "Caballo" 27" High - Carved Cocobolo Wood . American Stores Properties Salt Lake City, UT HARVEST TOTEM - CONCEPT RENDERING CADUCEUS - CONCEPT RENDERING • • SELECTED SOLO EXHIBITIONS: 1993-99 "Open House - Mark Leichliter" The Grapevine Gallery; Oklahoma City, OK 1991,92 "Mark Leichliter - Sculptor" First Federal Savings Bank; Loveland, CO SELECTED GROUP EXHIBITIONS: 1992-2003 Annual National Sculptors' Guild Exhibition Columbine Galleries; Loveland, CO 2000 "In Search of the Autonomous Self" - Three Artist Shove Columbine Galleries; Santa Fe, NM 2000 "Let It Be" - Two Artist Show Columbine Galleries; Santa Fe, NM 1.996, 97 Colorado Governor's Invitational Loveland Museum and Gallery; Loveland, CO 1995 "Natural Forms in a Svnthetic World" - Two Artist Show J Columbine Galleries; Loveland, CO 1993 Cantigny Sculpture Show Danada Sculpture Gardens; Lombard, IL 1991-94, 97 "Sculpture in the Park" - National Juried Exhibition High Plains Art Council; Loveland, CO 1991 62nd National Juried Exhibition Show The Art Association of Harrisburg; Harrisburg; PA 1990 North American Sculpture Exhibition Foothills Art Center; Golden, CO SOLAR SAILS ATTACHMENT 6 April 12, 2004 The City of La Quinta Revised Proposal for the Firefighters & Peace Officers Memorial Dear Committee Members: Jeffrey A. Fowler 2560 Golf Club Dr. Palm Springs, CA 92264 760-321-6900 I am respectfully re -submitting this revised proposal, it's concept, design and cost, to The City of La Quinta and it's Board Members. The maquette I've created for the life-size bronze Memorial, titled "Out of Harm's Way", depicts the dramatic rescue of a young baby girl from under the wreckage and debris of a fallen building or structure, by a Firefighter's and a Peace Officer's heroic deeds. The Rescuer's likeness in both images, are emerging from two large, separately angled slabs of polished black granite, just above ground level, surrounded by the wreckage, rendered in a combination of specialized materials and finishes, time proven for their longevity. Obscured in the depth of black granite, yet reflecting their own unique imagery, they leave the viewer with a feeling of deep concern, and of great hope for their shared safety as well as the child's well being, who is now thankfully, "Out of Harm's Way" With considerable efforts, and with minimal and subtle changes to the vision, power and scope of this Memorial, I am able to adjust the overall cost to a completed, and installed price of $125,000. Please call if you have any further questions. I look forward to hearing from you. e ir�nnrAw ��J r January 16, 2004 The City of La Quinta Proposal for Peace Officers & Firefighters Memorial Dear Committee Members: Jeffrey A. Fowler 2560 Golf Club Dr. Palm Springs, CA 92264 760-321-6900 I respectfully submit this sculptural proposal, its concept and design, to the City of La Quinta and its Board Members. One of my past sculptures I am most proud of, and important for your viewing, is the Palm Springs Police Officers Association Memorial, "Help is On The Way", which was completed and dedicated in May, 1998. For your consideration, l have created a design that involves the rescue of a threatened child being handed from a firefighter's arms to a safe area between the outstretched arms and hands of a kneeling peace officer. The interesting and different approach to this image are the -two large polished black granite slabs angled toward each other roughly seven feet apart. The firefighter's body is emerging from the darkness of the smoky black granite portal or doorway, similarly the peace officer's likeness is half obscured and also emerging from the blackness of the other slab of granite to safely place the child "Out Of Harm's Way". which is the title of the memorial. The life-size sculpture and its elements will be constructed of cast bronze, black granite and a reinforced concrete base, or possibly a low pedestal type base, also constructed of reinforced concrete. I have a team of contractors, sub -contractors and professionals who have worked with me in the past. They are: David M. Fowler, Independent Contractor; Unique Marble & Granite, Palm Springs; Ron Testa, Designer and Engineer; Desert Crane, Cathedral City; Ron Gregory, Landscape Designer, and others. In my opinion the budget for my sculpture and its completion including all aspects required as stated in your RFP would need to be increased to approximately $145,000 and the timeline needs to be adjusted for a more realistic completion date. If selected to create this memorial, l will be happy to provide a cost breakdown in detail and time frames for each phase of construction. Please don't hesitate to call if you have further questions. l look forward to hearing from you. Sincerely, _ r` Jeffre/yA. Fowler t a a AF .10 Lim _7777 V VUL ^ \j . 4.1 - - i 4.4 .. . - . y.S. . f AGENDA CATEGORY: BUSINESS SESSION: O. COUNCIL/RDA MEETING DATE: April 20, 2004 CONSENT CALENDAR: ITEM TITLE: Consideration of Purchase of a STUDY SESSION: John Kennedy Sculpture PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Dependent upon City Council action, funds from the Art in Public Places account could be allocated for purchase of the "Solitude" art piece an amount up to $15,000. The Art in Public Places unallocated reserves as of March 31, 2004 is $247,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On August 6, 2002, the City Council approved the Temporary Art Donation from artist John Kennedy for the piece entitled "Solitude" to be placed at the Senior Center, as provided in Attachment 1. At the March 4, 2004 Cultural Arts Commission meeting, Mr. Kennedy requested the Cultural Arts Commission, via Elaine Reynolds; to consider purchasing the art piece through the City's Art in Public Places program, as provided in Attachment 2. Mr. Kennedy has offered the art piece in the amount of $15,000. After some discussion, the Cultural Arts Commission is recommending the purchase of "Solitude" and improvement to the landscaping around the piece. Attachment 3 provides photographs of the art piece in the current location with the existing 243 landscaping. Should the City Council wish to purchase the art piece, the Art in Public Places account can be used to improve the art piece, as this would be an original art purchase. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the purchase of the art piece "Solitude" with funds in the amount of $15,000 from the Art in Public Places account and direct staff to have a landscape plan produced; or 2. Do not approve the purchase of the art piece "Solitude" with funds in the amount of $15,000 from the Art in Public Places account and/or do not direct staff to have a landscape plan produced; or 3. Provide staff with alternative direction. Besp ctfully *bmitted, ,Wvcj�, Dodie Horvitz, C munity Services Director Approved for submission b Thomas P. Genovese, City Manager Attachments: 1. August 6, 2002 Staff Report and Minutes 2. March 4, 2004 Cultural Arts Commission Minutes 3. Photographs of "Solitude" 02 rw4 ATTACHMENT 1 August 6, 2002 Consideration of the Temporary Art Donation and Acceptance Agreement With John Kennedy RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The Temporary Art Donation and Acceptance Agreement states that the City will provide a plaque identifying the donor and/or artist near the art work. The cost of the plaque is anticipated at $100. This can be paid for from the Art in Public Places fund. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Artist John Kennedy would like to provide a piece of artwork to be displayed at the Senior Center and has reviewed the Temporary Art Donation and Acceptance Agreement. Mr. Kennedy expressed his concerns regarding the language of paragraph six, stating that the language in paragraph six contradicts paragraph one, in regards to the removal of the art piece. The Temporary Art Donation and Acceptance Agreement is provided as Attachment 1. Upon review of the Temporary Art Donation and Acceptance Agreement (Agreement), the City Attorney has determined that paragraphs one and six do not contradict one another. If the City Council wishes to retain the right to request removal of the artwork on 30-day notice within the two year period, the City Attorney recommends that the City retain paragraph six as part of the Agreement. If the City Council does not wish to retain such rights, paragraph six should be deleted from the Agreement. The City Council may elect to remove paragraph six from the Agreement with Mr. Kennedy due to the international prominence of the artist wishing to display his work. Attachment 2 provides a Temporary Art Donation and Acceptance Agreement vjii5 03 paragraph six stricken and details specific to Mr. Kennedy's donation for City Council consideration. Mr. Kennedy has initialed paragraph six as his acceptance of the stricken language, and has initialed each page as confirmation that he agrees with the contract. Attachment 3 provides photographs of the proposed artwork in the general area in front of the Senior Center. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Temporary Art Donation and Acceptance Agreement with John Kennedy with paragraph six removed due to the prominence of the artist; or 2. Approve the Temporary Art Donation and Acceptance Agreement with John Kennedy without modification; or 3. Do not approve the Temporary Art Donation and Acceptance Agreement with John Kennedy; or 4. Provide staff with alternative direction. Respectfully submitted, Dodie Horvitz, Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Temporary Art Donation and Acceptance Agreement 2. Temporary Art Donation and Acceptance Agreement with John Kennedy 3. Photographs of Proposed Art Work at the Senior Center SACommunity Services\CCReports\CC.207.Temporary Art Agreement..doc 0 446 TEMPORARY ART DONATION AND ACCEPTANCE AGREEMENT This Temporary Donation and Acceptance Agreement (the Agreement ) is entered into this 6th day of August 2002, by and between the City of La Quinta ( City ) and John Kennedy, ( Donor ). WHEREAS, the City wishes to accept and the Donor wishes to donate on a temporary basis an artwork more fully described in Exhibit A attached hereto and incorporated herein by this reference; and, WHEREAS, the City desires to increase public awareness and exposure to the arts in a cost effective manner for the general welfare and benefit of the City' s residents; and, WHEREAS, the Donor is interested in making the temporary donation to the City to be displayed at the City's discretion. (La Quinta Senior Center) NOW, THEREFORE, the parties hereto agree as follows: 1. The City shall accept the temporary donation of the artwork described in Exhibit "A" for a period of two (2) years. 2. Donor agrees that the City shall have sole and absolute determination as to the location and placement of the artwork. In the event Donor does not approve of the proposed location this Agreement (will) be canceled. 3. All transportation and installation, costs for display at the City's identified location shall be borne by the Donor. All plans and installations for the artwork shall be approved by the appropriate City and/or other government officials. 4. Donor shall provide City with written instructions for appropriate maintenance and preservation of the artwork and shall either provide such service to the City or provide sufficient funds to provide for that service during the period of the donation. 5. Donor agrees that the entire risk of loss or damage to the artwork is borne by the Donor throughout the entire period of the donation as well as installation and removal costs. Donor shall provide for all insurance covering the risk of loss or damage to the artwork. R._ .. .... ._ .- �. SXOMMUNITY SERVICES\TEMP ART PROGRAM\KENNfDY TEMPORARY LOAN AGREEMENT.WPD �. 4 7 Temporary Donation and Acceptance Agreement 01 M.W. . . . .. • . . • . • . • • • WM • • Y 7. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et seq., and all other rights in and to the Artwork except ownership and possession, except as such rights are limited by this Agreement. 8. A plaque identifying the Donor and/or artist shall be installed and maintained near the artwork, by the City. 9. This Agreement, consisting of 5 pages and 1 exhibit, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth hereinabove. 10. No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. 11. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. 12. This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 13. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District Court in the district of California which includes Riverside County. 14. If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees, incurred by the prevailing party in connection with the legal action or proceeding. 15. This Agreement shall be binding upon and shall inure to the benefit of the City and the Donor, and their respective heirs, personal representatives, successors and permitted assigns. SXOMMUNITY SERVICES\TEMP ART PROGRAM\KENNIDY TEMPORARY LOAN AGREEMENT.WPD ^ Temporary Donation and Acceptance Agreement 16. All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, returned receipt requested, postage prepaid, as follows: a. if to the City, to: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: Community Services Director b. if to the Donor, to: John Kennedy Kennedy Studio 996 Tuxedo Circle Palm Springs, CA 92264 760-320-9205 17. With respect to acts, errors or omissions in the performance of Donor's obligations hereunder, Donor agrees to indemnify and hold harmless the City and its officers, agents, employees, and representatives from and against any and all claims, demands, defense costs, liability or consequential damage of any kind or nature arising out of Donor's (including its subcontractors, agents, employees, assigns or licensees) negligent and/or willful acts, errors or omissions in the performance of Donor's obligations under this Agreement. 18. With respect to acts, errors or omissions in the performance of the City's obligations hereunder, the City agrees to indemnify and hold harmless Donor from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising out of the City's (including its contractors') negligent and/or willful acts, errors or omissions in the performance of the City's obligations under this Agreement. The foregoing indemnities shall be in effect without regard to the maintenance of insurance coverage for any such loss, costs, claims, damages or expenses. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written below. CITY: CITY OF LA QUINTA, a California municipal corporation S:\COMMUNITY SERVICES\TEMP ART PROGRAM\KENNNDY TEMPORARY LOAN AGREEMENT.WPD Temporary Donation and Acceptance Agreement Date ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Date By: N JOHN PENA, Mayor City of La Quinta, California DONOR: "Donor" vi SXOMMUNITY SERVICES\TEMP ART PROGRAM\KENADY TEMPORARY LOAN AGREEMENT.WPD Temporary Donation and Acceptance Agreement EXHIBIT A DESCRIPTION OF ARTWORK s r)-:-, gACOMMTTNTTV RFR'%ITCFC\TFMP ART PRnCTR AM\KFNNFTIV TFMPOR ARV T fOAN A('TRFFMFNT VlMn L. ki 1 Temporary Donation and Acceptance Agreement EXHIBIT B REASONABLE COSTS -L (� C•\(YIA� AMMTV SZFRVVT('FC\TFMP ART PR(N:R AM\KFNNFTIV TFMPOR ARV T OAN A(TRFFMFNT WPTI 4 4 City Council Minutes 9 August 6, 2002 suggested waiting until the middle of next week to allow sufficient time for additional nominations. Robert Tyler, 44-215 Villeta Drive, suggested middle initials instead of middle names. Motion carried unanimously. MINUTE ORDER NO. 2002-103. Council Member Henderson commented on the small list of artist nominations and stated she felt it was due to the Arts Foundation not getting the word out. MOTION - It was moved by Council Members Sniff/Henderson to approve the list of artist nominations as submitted. Motion carried unanimously. MINUTE ORDER NO. 2002-104. MOTION - It was moved by Council Members Sniff/Henderson to approve the list of sport figure nominations as submitted. Motion carried unanimously. MINUTE ORDER NO. 2002-105. MOTION - It was moved by Council Members Henderson/Sniff to authorize the expenditure of Art in Public Places funds in an amount not to exceed $10,000. Motion carried unanimously. MINUTE ORDER NO. 2002-106. 3. CONSIDERATION OF A FACILITY USE POLICY FOR THE CIVIC CENTER CAMPUS. There were no changes to the staff report as submitted and on file in the City Clerk's Office. MOTION - It was moved by Sniff/Henderson to authorize changes to the Facility Use Policies to include the Civic Center Campus. Motion carried unanimously. MINUTE ORDER NO. 2002-107. �4. CONSIDERATION OF THE TEMPORARY ART DONATION AND ACCEPTANCE AGREEMENT WITH JOHN KENNEDY. There were no changes to the staff report as submitted and on file in the City Clerk's Office. in response to Council Member Sniff, City Attorney Jenson stated she did not see a conflict between the two provisions. 4W City Council Minutes 10 August 6, 2002 After a brief discussion, Council concurred to delete Provision #6 for this contract only. MOTION - It was moved by Council Members Sniff/Henderson to approve the Temporary Art Donation and Acceptance Agreement with John Kennedy (Senior Center) with paragraph six removed due to the prominence of the artist. Motion carried unanimously. MINUTE ORDER NO. 2002-108. 5. CONSIDERATION OF COMMUNITY SERVICES GRANT APPLICATIONS. There were no changes to the staff report as submitted and on file in the City Clerk's Office. MOTION - It was moved by Council Members Sniff/Henderson to approve a Community Services Grant request by Soroptimist International of La Quinta in the amount of $4,070 for facility use fees for Fiscal Year 2002/2003. Motion carried unanimously. MINUTE ORDER NO. 2002-109. MOTION - It was moved by Council Members Henderson/Adolph to approve a Community Services Grant request by the Veterans of Foreign Wars in the amount of $1,125 for facility use fees for Fiscal Year 2002/2003. Motion carried unanimously. MINUTE ORDER NO. 2002-110. Council Member Sniff asked if there might be a problem getting the Chamber of Commerce into something of a political nature, to which City Attorney Jenson responded, "no." MOTION - It was moved by Council Members Sniff/Henderson to approve a Community Services Grant request by the La Quinta Chamber of Commerce in an amount not to exceed $385 for facility use fees. Motion carried unanimously. MINUTE ORDER NO. 2002-111. 6. CONSIDERATION OF A TREE DONATION FOR THE CIVIC CENTER CAMPUS FROM THE VETERANS OF FOREIGN WARS. There were no changes to the staff report as submitted and on file in the City Clerk's Office. MOTION - It was moved by Council Members Henderson/Adolph to accept the Eisenhower Green Ash Freedom Tree donation from the Veterans of Foreign M- 2 0 ATTACHMENT 2 CULTURAL ARTS COMMISSION MINUTES March 4, 2004 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Else Loudon presided over the meeting. Commissioner Gassman led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Else Loudon Commissioner Sheldon Brodsky Commissioner Andrea Gassman Commissioner Elaine Reynolds MEMBERS ABSENT: Commissioner Linda Young STAFF PRESENT: Dodie Horvitz, Community Services Director II. PUBLIC COMMENT -NONE III. PUBLIC HEARING - NONE IV. CONSENT CALENDAR A. Approval of Minutes of February 12, 2004 B. Department Report for January 2004 It was moved by Commissioners Brodsky/Reynolds to approve consent calendar. Unanimous. V. PUBLIC HEARING - None VI. BUSINESS ITEMS Staff stated that the Oath of Office listed on the March 4, 2004 Agenda was a misprint and not intended to be a part of this meeting. A. Concert Under the Stars Event �JJ Cultural Arts Commission Meeting February 12, 2004 Minutes Page 2. Commissioner Gassman found the event budget very helpful and thanked staff for providing it to the Commission. Commissioner Loudon asked if the City has rented lights in the past for performances at the amphitheater. Staff stated that the City does- not have lights and therefore rents all of the equipment for a performance. Commissioner Loudon asked about the staff time for the event. Director Horvitz reported that many full time staff will be working overtime for this event and this cost must be recovered. There was a question regarding the advertisement for the event, staff reported that a postcard will be designed for the event and sent to each resident. The cost includes design, printing and mailing of the postcard. The Commission discussed having the steel drum band from Desert Sands schools perform at the event. Commissioner Reynolds would like to see the. steel drum band perform, however, since the Jazz band has already been contacted, she felt that the Commission should honor that commitment. After some discussion, the Commission directed staff to contact the steel drum band for availability and to begin the concert at 5:30 p.m., to include both the steel drum band and the jazz band. The Commission suggested that a $500 donation be given to the high school band to be split between the two bands. The order of the performances will be left to the band director, due to the movement of the equipment. The Commissioners will act as hosts for the bands and to serve refreshments. It was moved by Commissioners Gassman/Brodsky to include the steel drum band as well as the jazz band, with a $ 500 stipend to be split evenly between the bands, the event to start at 5:30 p.m. Unanimous. B. Kennedy Art Piece Proposal Commissioner Reynolds stated that Mr. Kennedy has offered the art piece 'Solitude" to the City for the price of $15,000. She also discussed the plant that is growing in front of the piece that is an obstruction. She would like to see the landscaping reworked to complement the art piece instead of hide it. SACommunity Services\CAC\CAC MIN.3.4.04.doc Cultural Arts Commission Meeting February 12, 2004 Minutes Page 3. Commissioner Brodsky stated that he thinks the piece is a bargain at $15,000 and recommends the City purchase it. Commissioner Reynolds stated that the piece really must be relandscaped. It was moved by Commissioners Reynolds/Brodsky to recommend the City Council purchase the art piece "Solitude" from Mr. Kennedy and improve the landscaping around the piece to include lighting and a new plaque. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS None VIII. COMMISSIONER ITEMS Commissioner Brodsky suggested the Commission write a letter of gratitude to Kathy Dunham for her work at Adams School in the after school art program sponsored by the La Quinta Arts Association. Staff was directed to write the letter for Commissioner Loudon's signature. Commissioner Loudon invited everyone to visit The Lodge in Rancho Mirage to view the bighorn sheep sculptures. Staff reported that the City Council approved the Commission's recommended locations for the sculptures at the La Quinta Park and the Senior Center. Commissioner Reynolds shared a picture of an amphitheater in Germany that she visited. Commissioner Gassman would like to see more dramatic arts included in performances offered by the City. Commissioner Brodsky stated that the City of Palm Springs has a portable stage that he thinks is perfect for performing arts. He also stated that the City of Yucca Valley has a portable stage that they rent for $550 for the first 3 hours and then $55 for each hour plus the cost of the staff and tow vehicle. After some discussion the Commission decided they would like to have the City Council consider modifying the existing amphitheater and perhaps getting a corporate sponsor for the amenity. The Commission asked that this be placed on the next agenda. Commissioner Reynolds shared that there will be an art show in Old Town on March 13 and invited all the Commissioners to attend. Commissioner Brodsky shared that the art gallery in Old Town is a very nice gallery. SACommunity Services\CAC\CACMIN.3.4.04.doc Cultural Arts Commission Meeting February 12, 2004 Minutes Page 4. Commissioner Reynolds suggested the Cultural Arts Commission should work with the Community Services Commission to accomplish some of their common goals. Commissioner Gassman asked for a copy of the Commission's work plan and the Commission asked that the work plan be put on next month's agenda. XI. ADJOURNMENT It was moved by Commissioners Reynolds/Gassman to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 7:55 PM. NEXT MEETING INFORMATION: Thursday, April 8, 2004 La Quinta Civic Center Study Session Room Submitted by: Dodie Horvitz Community Services Director SACommunity Services\CAC\CACMIN.3.4.04.doc landscaping. Should the City Council wish to purchase the art piece, the Art in Public Places account can be used to improve the art piece, as this would be an original art purchase. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the purchase of the art piece "Solitude" with funds in the amount of $15,000 from the Art in Public Places account and direct staff to have a landscape plan produced; or 2. Do not approve the purchase of the art piece "Solitude" with funds in the amount of $15,000 from the Art in Public Places account and/or do not direct staff to have a landscape plan produced; or 3. Provide staff with alternative direction. esp�ctfully slubmitted, Dodie Horvitz, QoNmunity Services Director Approved for submission b Thomas P. Genovese, City Manager Attachments: 1. August 6, 2002 Staff Report and Minutes 2. March 4, 2004 Cultural Arts Commission Minutes 3. Photographs of "Solitude" 24 Ta C4J 4'�V 4 44P QuiRra COUNCIL/RDA MEETING DATE: April 20, 2004 ITEM TITLE: Consideration of an Ordinance Deleting Code Section 8.02.100 (Grading and Excavating) and Adding Chapter 8.80 (Grading) to the La Quinta City Charter and Municipal Code RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: y� CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Introduce an Ordinance deleting Code Section 8.02.100 (Grading and Excavating) and adding Chapter 8.80 (Grading) to the La Quinta City Charter and Municipal Code: A. Move to take up Ordinance No. by title and number only and waive further reading. B. Move to introduce Ordinance No. on first reading. FISCAL IMPLICATIONS: None. The Public Works Department currently administers grading work through the Encroachment Permit process; therefore, no additional staff time would be required to administer or inspect grading permits under the proposed code revisions. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Currently the City relies on Chapter 33 of the Uniform Building Code, as well -as the County of Riverside grading standards, to administer grading permits and requirements within the City. These provisions call for the Building Official to regulate grading as it applies to building construction and does not address grading within golf courses, retention areas, streets, and other facilities within developments typically seen in the City. As such, staff recommends adopting the attached grading ordinance by U� amending the Municipal Code to better reflect the City's current grading practices and allow better regulation of grading within the City. The proposed grading ordinance provides the following: 1. Better protection of the. health and safety of adjacent properties from potentially hazardous grading practices by requiring a grading permit and a grading bond for all grading work over 1,000 cubic yards. 2. The proposed ordinance establishes permit requirements, causes for revocation of permit, as well as exemptions from the grading permit requirements in order to better clarify when a grading permit is required and when one is not. 3. The grading ordinance establishes the City Engineer as the administrator of grading permit requirements as is currently the practice. 4. The grading ordinance establishes inspection criteria and acceptance procedures for all grading work. The impacts of hazardous grading on adjacent properties become more profound as developers begin infilling vacant sites within the City limits. Additionally, developers and contractors need to have clear standards for grading and staff needs the ability to better enforce those standards. Therefore, it is recommended that these measures be incorporated within the Municipal Code to better protect all properties by ensuring grading is regulated uniformly throughout the City. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Introduce an Ordinance deleting Code Section 8.02.100 (Grading and Excavating) and adding Chapter 8.80 (Grading) to the La Quinta City Charter and Municipal Code; or 2. Do not introduce an Ordinance deleting Code Section 8.02.100 (Grading and Excavating) and adding Chapter 8.80 (Grading) to the La Quinta City Charter and Municipal Code; or 3. Provide staff with alternative direction. 2 4' 61 Respectfully submitted, othy R. Jo son 61 Public Works Director/City Engineer Approved for submission by: K*I� Thomas P. Genovese, City Manager ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DELETING CODE SECTION 8.02.100 (GRADING AND EXCAVATING) AND ADDING CHAPTER 8.80 (GRADING) THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Code Section 8.02.100 (Grading and Excavating) of the La Quinta City Charter and Municipal Code is hereby deleted and Chapter 8.80 (Grading) is hereby added to read as follows: CHAPTER 8.80 GRADING Sections: 8.80.010 Purpose and Intent. 8.80.020 Definitions. 8.80.030 Responsibility for Administration. 8.80.040 Applicability. 8.80.045 Permit Requirements. 8.80.050 Grading Bonds. 8.80.060 General Requirements. 8.80.070 Denial of permit. 8.80.075 Permit limitations and conditions. 8.80.080 Exceptions for emergencies. 8.80.090 Conditions of approval. 8.80.100 Liability. 8.80.110 Plan checking and permit fees. 8.80.120 Hazardous soil and earth conditions. 8.80.130 Areas subject to geologically hazardous conditions. 8.80.010 Purpose and Intent. A. Generally. The purpose of this chapter is to safeguard life, limb, health, property and public welfare by establishing minimum requirements for regulating grading and procedures by which these requirements may be enforced. B. Scope. No person shall make, alter or maintain any excavation or fill except as provided by this chapter. 4 1263 Ordinance No. Adopted: Page Exception: The provisions of this chapter shall not apply to the following: 1. Work accomplished under the auspices of land owned and controlled by the United States of America or by the State of California. 2. Work in a public way, drains and drainage structures constructed by or under contract with the city or County Flood Control District unless the structure forms a portion of the support for a building or a structure coming within the jurisdiction of the building and safety department. C. Permissive provisions. The permissive provisions of this chapter do not waive, and shall not be presumed to waive, any limitations imposed by other statutes or ordinances of the state or city. D. Limitations. If two or more pertinent limitations are not identical, those limitations shall prevail which provide the greater safety to life, limb, health, property, and public welfare. E. Appeals. F. Measurements. Measurements referred to in this chapter 8.80 are shown as both English units (foot/pound/second) and metric units (metric units are in parenthesis following the English units). Measurements used in a grading project may be either English units or metric units. However, whatever type of unit is used (English or metric) in a grading project; the type of unit selected must be used exclusively throughout that project in complying with the requirements of this chapter. 8.80.020 Definitions. For the purpose of this chapter, the following terms shall be termed as: Bedrock shall mean the solid undisturbed rock in place either at the ground surface or beneath surficial deposits of gravel, sand or soil. 5 4 Ordinance No. Adopted: Page _ Building official shall mean that person charged with the responsibility of enforcing the Uniform Building Code (UBC) and state statutes and ordinances pertaining to his office. City Engineer shall mean that person charged with the responsibility of coordinating all phases of engineering for the city government. City standard construction details shall mean that publication of construction drawings developed by the city engineer and revised from time to time. Civil engineer shall mean a civil engineer duly registered by the State of California who makes tract layouts for subdivisions and furnishes the necessary control to achieve the proper angle of cut and fill slopes, the necessary drainage provisions, street and curb grades, storm drain design and other matters related to the geometric finish of subdivisions, shopping centers, condominiums, etc. Community Development manager shall mean that person charged with the responsibility of coordinating all phases of city growth planning, development, and redevelopment for the city government. Compaction shall mean the densification of a fill. Continuous observation shall mean nearly full-time visual observation of equipment and materials used therein, sufficient to permit the engineer to render a professional opinion as to the contractor's conformance with the engineer's recommendations, plans, or specifications. Engineering geologist shall mean a geologist registered in the State of California as an engineering geologist and duly qualified and capable of applying the geological sciences to engineering practice for the purpose of developing and rendering professional opinions regarding how geologic features affect the location, design, construction, operation and maintenance of engineering works. Existing grade shall mean the vertical location of the existing ground surface prior to excavating or filling. Fill shall mean deposits of soil, rock, or other materials placed by man. 6.'�J Ordinance No. Adopted: Page _ Finished grade, shall mean the final grade or elevation of the building site, slope or terrace. Geotechnica/ engineer shall mean an engineer registered in the State of California as a geotechnical engineer and duly qualified and capable of applying geological sciences, soil mechanics and slope stability analysis to engineering practice. Grading shall mean the removal or deposition of soil in a manner which alters the elevation of existing terrain. Hillside areas shall mean those areas covered by the Hillside Preservation Ordinance. Landscape architect shall mean a landscape architect duly registered as such by the State of California. Landslide shall mean the falling, slipping or flowing of a mass of land from a higher to a lower level. Active landslide shall mean a landslide that has been active since January 1, 1952. Historical Landslide shall mean a landslide that was active in historical time prior to 1952 as determined from photographs, maps. and written records. Prehistoric landslide shall mean conditions where there is no record of historical landslide but where geological evidence or topographic expression indicates modification of the terrain by land movement. Possible prehistoric landslide shall mean areas where there is no record of a historic landslide but where topographic expression or geological evidence suggests the possibility of past land movement. Periodic observation shall mean intermittent visual observation throughout the course of the project. Ordinance No. Adopted: Page Rough grades shall mean the approximate elevation of the ground surface conforming to the proposed design. Site shall mean any lot or parcel of land or contiguous combination thereof, under the same ownership where grading is performed or permitted. Slope. In all references to permitted or required slope ratios (for example 2:1) the first number refers to a horizontal measurement and the second number refers to a vertical measurement. Each number refers to a measurement that utilizes the same standard of measurement. Soil shall mean all earth material, of whatever origin, that overlies bedrock. Soils engineer shall mean a civil engineer duly registered by the State of California who is experienced in soils mechanics and slope stability analysis. Primary duties shall encompass the investigation of proposed grading sites and tracts as related to the stability of the finished graded product. The soils engineer will have proper laboratory facilities available in which to perform any and all testing required to properly evaluate materials under consideration. 8.80.030 Responsibility for Administration. This chapter shall be administered for the City by the Public Works Director and his/her designee. 8.80.040 Applicability. A. Generally. No person shall commence or perform any grading, and no person shall import or export any earth materials to or from any grading site, without first having obtained a permit therefore from the city engineer. A separate permit will be required for each site and may include the entire grading operation at that site. B . Exceptions. 8 4- Ordinance No. Adopted: Page _ 1. An excavation which is less than two feet (0.6 meters) in depth, or which does not create a cut slope greater than five feet (1.5 meters) in height and steeper than two to one (2:1). 2. A fill which is less than one foot (0.3 meters) in depth and placed on natural terrain with a slope flatter than five to one (5:1), and which does not obstruct a drainage course. 3. A fill less than three feet (0.9 meters) in depth, not intended to support structures, which does not exceed 100 cubic yards (76 cubic meters) on any one lot and does not obstruct a drainage course. 4. Excavations below finished grade for basements and footings of buildings authorized by valid building permits. This shall not exempt any fill made with material from such excavation nor exempt any excavation having an unsupported height greater than five feet (1.5 meters) after the completion of such structure. 5. Excavations below furnished grade for retaining walls less than six feet (1.8 meters) in height in areas not within a hillside area. 6. Excavations below finished grade for retaining walls less than three feet (0.9 meters) in height in areas within a hillside area. 7. Utility trenches, wells, exploratory excavation, and similar work if the city engineer determines that such exemption would not endanger life, limb, health, property, safety or public welfare. 8. Excavation or deposition of earth materials within a property which is used, or dedicated to be used for cemetery purposes. 9. Projects constructed by the city. C. Grading on slopes greater than 10 percent. No application for a grading permit in excess of 2000 cubic yards if the average natural slope is 10 percent or greater, or 3000 cubic yards in all other cases, shall be accepted unless an environmental assessment pursuant to the California Environmental Quality Act has been completed by the Community Development Department. The grading permit may be denied or special conditions may be imposed by the Community 9 I�W6 Ordinance No. Adopted: Page Development Department to assure conformance with mitigation measures identified in the environmental assessment. 8.80.045. Permit Requirements. A. Plans and specifications. With each application for a grading permit and when required by the city engineer for enforcement of any provisions of the article, two sets of plans and specifications will be submitted. Except as waived by the city engineer for small or unimportant work, the plans shall be prepared and signed by a registered civil engineer and shall show the following: 1. Owner's name and address. 2. A vicinity sketch or other data adequately indicating the site location. 3. Property lines, with dimensions and bearings, of the property on which the work is to be performed. 4. Location of any buildings or structures on the property where the work is to be performed, and the location of any building or structure on land of adjacent property owners which are within 25 feet (7.6 meters) of the property boundary, also shows any creeks, drainage courses, riparian habitats. 5. Accurate contours showing the topography of the existing ground. Contours shall be extended past the boundary lines of any project for a minimum of 50 feet (15 meters). Where unusual topography exists adjacent to a site, i.e., barrancas, etc., the contours shall be extended to include same. 6. Elevations, dimensions, location, extent, and the slopes of all proposed grading shown by contours and other means. 7. A certification of the quantity and type of material of excavation and fill involved and estimated starting and completion dates. 10 4 W Ordinance No. Adopted: Page 8. Source of material to be used for fill or location to which excavated material will be removed or both. 9. Proposed routes for hauling material, hours of work and methods of controlling dust. 10. Detailed plans of all drainage devices, walls, cribbing, dams, or other protective devices to be constructed in connection with, or as a part of the proposed work, together with a map showing the drainage area and estimated runoff of the area served by the drains. 11. Any pertinent additional plans, drawings, or calculations required by the city engineer. B. Modification of approved plans. All modifications of approved grading plans must be approved in writing by the city engineer. All required soils and geological reports shall be submitted with the revised plans. No grading work in connection with the proposed modifications will be permitted without the prior written approval of the city engineer. C. Engineering geological reports. Prior to issuance of a grading permit, the city engineer may require an engineering geological investigation, based upon the most recent grading plan. The engineering geological report shall be prepared and signed by an engineering geologist and shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geological conditions on the proposed development. All reports shall be subject to approval by the city engineer. Supplemental reports and data may be required by the city engineer if deemed necessary. Recommendations included in the report and approved by the city engineer shall be incorporated into the grading plan. Reports shall be required for all developments in hillside areas or other developments as designated by the city engineer. D. Soils engineering reports. The city engineer may require a soils engineering investigation, based upon the most recent grading plan. Such reports shall include data regarding the nature, distribution and strength of existing soils, .conclusions and recommendations for grading procedures, design criteria for corrective measures, or such 11 070 Ordinance No. Adopted: Page _ other criteria as required by the city engineer. All such reports shall be prepared and signed by a soils engineer or geotechnical engineer. Recommendations included in the report and approved by the city engineer shall be incorporated into the grading plan or specifications. E. Revised grading plan. If the soil or other conditions are not as stated in the application for a grading permit, the city engineer may suspend the grading permit until approval is obtained of a revised grading plan. F. Waivers. The city engineer may waive the requirement for a contour map or subsurface exploration as required by "this subsection if it is found that the information on the application is sufficient to show that the work will conform to the provisions of this article and other relevant laws. G. Preliminary grading plans. When required by the city engineer or community development manager preliminary grading plans shall include the information described in items 1., 2., 4., 5., and 6. of paragraph A. of this section, property lines, and any additional information required by the city engineer or planning/redevelopment manager. 8.80.050 Grading Bonds. A. Requirements. A permit will not be issued for excavation or fill of more than 500 cubic yards (380 cubic meters) in hillside areas, more than 1,000 cubic yards (760 cubic meters) in other areas, or for any work which requires retaining walls, until the permittee shall post with the city engineer a bond for the benefit of the city. The bond shall be executed by the owner and a corporate surety authorized to do business in this State as surety in an amount sufficient to cover the cost of the project, including corrective work necessary to remove and eliminate geological hazards. All bonds shall be in a form acceptable to the City Engineer. Exception: The city engineer may waive the requirement that a bond be posted before a permit is issued as provided in this section if the city engineer determines that no potential hazard would exist if the grading is not completed. 12 ry Ordinance No. Adopted: Page B. Cash or deposit agreement in lieu of bond. In lieu of a surety bend the applicant may file a deposit agreement or deposit cash with the city engineer upon the same terms and conditions and in an amount equal to that which would be required in the surety bond. The deposit submitted with the cash bond may be in the form of cash or negotiable United States securities. The deposit agreement shall be on forms approved by the city engineer. C. Application of bond to adjacent property. Where grading is required on property adjacent to the grading site under permit to complete a project satisfactorily, written consent must be obtained from the adjacent owner and a copy of the written consent submitted to the city engineer prior to commencement of grading on the adjacent property. The owner of such adjacent property need not provide an additional grading bond, if the original is I of sufficient amount to include such additional grading. D. Conditions of the bond, deposit agreement, or cash deposit. Every bond, deposit agreement or cash deposit shall be conditioned that the permittee shall: 1. Comply with all of the provisions of this article and all other applicable laws and ordinances. 2. Comply with all of the terms and conditions of the permit for excavation and fill to the satisfaction of the city engineer. E. Period and termination of bond, deposit agreement, or cash deposit. The term of each security shall begin upon the date of filing with and shall remain in effect until the completion of the work to the satisfaction of the city engineer, plus an additional period of one year. Such completion shall be evidenced by issuance of a grading certificate signed by the city engineer designated to issue said certificate. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the city engineer may order the work to be completed as required by the permit and to the satisfaction of the city engineer's office. The surety executing such bond or such deposit, shall continue to be firmly hound under a continuing obligation for the payment of all necessary costs 13 Ordinance No. Adopted: Page _ and expenses that may be incurred or expended by the city in causing any and all of such required work to be accomplished and that said surety or the depositor assents to any lawful extensions of time within which to construct and complete such work. In the case of a cash deposit or deposit agreement, any unused portion shall be refunded to the permittee. After the work has been completed to the satisfaction of the city engineer, the city engineer may release or exonerate the bond, deposit agreement, or cash deposit earlier than the additional one (1) year period if the city. engineer determines that the public health and welfare is not jeopardized. In no case shall the security be released earlier than four (4) months after the grading work has been completed to the satisfaction of the city engineer. F. Amount of security. The amount of the security shall be based upon the estimated cost plus twenty (20) percent, as determined by the number of cubic yards of material in either excavation or fili, whichever is the greater amount, and shall include the cost of all retaining walls, drainage structures, erosion control, and other protective devices as may lawfully be required. 8.80.060 General Requirements. A. Supervision. The permittee shall provide sufficient supervisory control during the grading operation to insure compliance with approved plans and with the City of La Quinta Municipal Code. When required by the city engineer, the permittee shall obtain the services of a geotechnical engineer or soils engineer to monitor the work. The geotechnical engineer and soils engineer shall be properly qualified in accordance with section 8.80.020 of this division and qualified to perform such services within the city. B. Safety precautions during grading. If, at any stage of work on an excavation or fill, the city engineer determines by inspection that further work as authorized by an existing permit is likely to endanger any property or public way, the city engineer may require that plans for such work be amended to include adequate safety precautions as a condition to allow the work to continue. Safety precautions may include, but shall not be limited to, specifying a flatter exposed slope 14 273 Ordinance No. Adopted: Page _ or construction of additional drainage facilities, berms, terracing, compaction, cribbing, retaining walls or buttress fills, slough walls, desilting basins, check dams, benching, wire mesh and uniting, rock fences, revetments or diversion walls. C . Violations. 1. No person shall fail, refuse or neglect to comply with the following provisions: (a) All orders issued by the city engineer or the building official pursuant to the provisions of this article. (b) All conditions imposed on grading permits pursuant to the provisions of this article. (c) All rules and regulations of the city engineer with respect to grading which were in effect at the time the grading permit was issued. 2. Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of an infraction, which is punishable up to a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed, continued, or permitted, and upon conviction of any such violation said person shall be punishable by a fine of not more than $1,000.00, or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. 3. Stop work orders. Whenever any construction or work is being done contrary to the provisions of any law or ordinance, or public or private property is endangered, the city engineer may issue a %it/ritten notice to the responsible party to stop work on that portion of the work on which the violation has occurred or upon which the danger exists. The notice shall state the nature of the violation or of the danger and no work shall be done on that portion until the violation has been rectified and approval obtained from the city engineer or until, as a condition for continuance of the work, special precautions 15 �' � 4 Ordinance No. Adopted: Page to eliminate the hazards have been approved and imposed by the city engineer and performed by the permittee. D. Grading inspection. 1. All construction or work for which a permit is required shall be subject to inspections by authorized employees of the city, and certain types of work, as determined by the city engineer, shall have either continuous or periodic observation by a civil engineer, soils engineer, or engineering geologist employed by the applicant or property owner as a condition of issuance of the grading permit. Prior to issuing a grading certificate, a final inspection shall be made of all construction or work for which a permit has been issued. 2. Exposure of work. Whenever any work on which inspections are required, as specified in this section, is covered or concealed by additional work without having first been inspected, the city engineer may require that such work be exposed for examination. The work of exposing and recovering shall not entail expense to the City of La Quinta. 3. Notice. The permittee or the permittee's agent shall notify the city engineer twenty-four (24) hours in advance of the time when the grading operation is ready. for each of the following inspections. (a) Initial inspection: When the permittee is ready to begin work, but before any grading or brushing is started. (b) Toe inspection: After the natural ground is exposed and prepared to receive fill, but prior to the placement of any fill. (c) Excavation inspection: After the excavation is started, but before the vertical depth of the excavation exceeds ten (10) feet (3.0 meters). (d) Fill inspection: After the fill emplacement is started, but before the vertical height of the lifts exceed ten (10) feet (3.0 meters). (e) Drainage device inspection: After forms and pipe are in place, but before any concrete is placed. 16 Ordinance No. Adopted: Page (f) Rough grading: When all rough grading has been completed. An inspection may be called for at the completion of the rough grading without the necessity of the city engineer having previously reviewed and approved the reports. (g) Final: When all work, including installation of all drainage structures, other protective devices, and planting and slope stabilization has been completed and the "As Graded" plan and required reports have been submitted. (h) Other inspection: In addition to the called inspections above, the city engineer may make other inspections of any work to ascertain compliance with the provisions of this article and other laws. 4. Final reports. Upon completion of the work, the city engineer may require the permittee or property owner to have prepared the following reports and information: (a) Report from a registered civil engineer certifying that all grading, lot drainage, and drainage facilities have been completed in conformance with the approved plans and this article. (b) A final contour map of the completed work. (c) A soils engineering report including a statement that the portion of the work concerning the preparation of the existing qround surface and the placing and compaction of fill is in conformance with the approved plans and the appropriate provisions of subsection F., entitled "Fills." The report shall also include the recommended soil -bearing capacity, a finding as to the expansive characteristics of the soil and the presence of buttress fills on a lot by lot basis, the location of subdrains, and a summary of tests. The location of such tests and the limits of the compacted fill shall be shown on a final plan, which shall also show by plan and cross section the location of any rock disposal areas and/or buttress fills, if such were involved in the grading. 17 2 7 t% Ordinance No. Adopted: Page (d) An engineering geology report by an .engineering geologist based on the final contour map including specific approval of the grading as affected by geological factors. Where necessary, a revised geological map and cross sections including faults and other geologic structures, and any recommendations necessary shall be included. 5. Special inspections. Where necessary, the city engineer may require the permittee or property owner to employ: (a) A civil engineer to monitor all grading. (b) A soils engineer to provide either periodic or continuous soils inspection. (c) An engineering geologist to provide geological inspections. The employment of the above shall not be deemed to render unnecessary any inspections described in this article except that on any work requiring continuous monitoring by a civil engineer, the inspections required by this section may be delegated to the civil engineer by the city engineer. If the civil engineer fulfilling engineering responsibility under this section finds that work is not being done in conformance with this article or the plans and specifications approved by the city engineer, the civil engineer shall immediately notify the person in charge of the grading work and the city engineer in writing of the nonconformity and the corrective measures to be taken. The civil engineer monitoring grading work shall immediately notify the city engineer in writing upon the termination of his or her engineering services. All work shall immediately stop upon the termination of the services of the civil engineer whose name appears on the grading permit as having been approved to monitor the grading work, and it shall not commence again until the new approved civil engineer certifies in writing to the city engineer that he/she has reviewed all phases of the project and is thoroughly familiar with it. Upon receipt of this notice the city engineer will give written notice that work may proceed. 18 2W 77 Ordinance No. Adopted: Page E . Excavations. 1. Height. Cut slopes which exceed 100 feet (30 meters) in vertical height shall be constructed with a minimum of one bench for each 100 feet (30 meters) in vertical height. The benches shall be evenly spaced on the slope and shall have a minimum width of 30 feet (9.1 meters). 2. Slope. Excavations shall not be made with a cut face steeper in slope than two to one (2:1). Exception: The city engineer may permit the excavation to be made with a cut face steeper in slope than two to one (2:1), if the applicant shows through subsurface exploration by both a soils engineer and an engineering geologist to the satisfaction of the city engineer that the material making up the slope of the excavation and the underlying bedrock is capable of standing on a steeper slope. 3. Excavation setback. Excavations shall not extend below a line that is projected at an angle of two to one (2:1) from the nearest point of any footing or foundation of any building or structure unless such footing or foundation is first properly underpinned or supported against settlement or a civil engineer has determined to the satisfaction of the city engineer that the proposed excavation will not affect the existing structure. 4. Unstable slopes. If the material of the slope is of such composition and character as to be unstable, considering all types of anticipated loading and moisture conditions, the engineering geologist or soils engineer shall, by testing and analysis, provide specific criteria for its stabilization by reduction of slope angle, buttressing, or by a combination of these or other means. 5. Cut slope setback. All cut slopes shall be within properties or parcels under one ownership. That is, they shall not be divided horizontally by property lines. Tops of cut slopes shall not be made nearer than one foot (0.3 meter) plus one -fifth the height of the cut to a project boundary, but need not exceed a horizontal distance of ten feet (3.0 meters). If the city engineer determines that the above 19 278 Ordinance No. Adopted: Page is unnecessary because of special conditions, the city engineer may make adjustments as a condition of the grading permit. 6. Intervening terraces. On cut slopes exceeding 25 feet (7.6 meters) in height, intervening terraces shall be constructed in accordance with city standards. Terraces shall be paved with concrete terraces on cut slopes and, shall have a minimum width of eight feet (2.4 meters) and shall be spaced at maximum intervals of 25 feet (7.6 meters) measured vertically. Where only one terrace is utilized, it shall be placed at mid -height. F. Fills. 1. Gradient. No fill shall be made which creates any exposed surface steeper in slope than two to one (2:1), except under one or more of the following conditions: (a) A retaining wall or other approved support is provided. (b) . The city engineer may permit a fill to be made which creates an exposed surface steeper in slope than two to one (2:1) if the- applicant shows through the investigation and report, to be approved by the city engineer, of a soils engineer and engineering geologist that the strength characteristics of the material to be used in the fill are such as to produce a safe and stable slope, and that the areas on which the fill is to be placed have sufficient strength characteristics to support the fill within reasonable settlement values. 2. Gradient reduction. The city engineer may require that the fill be constructed with an exposed surface flatter than two to one (2:1) if, under the particular conditions, such flatter surface is necessary for stability or safety. 3. Height. Fill slopes which exceed 100 feet (30 meters) in vertical height shall be constructed with a minimum of one bench for each 100 feet (30 meters) in vertical height. The benches shall be evenly spaced on the slope and shall have a minimum width of 30 feet (9.1 meters). 20 ~ 7 3 Ordinance No. Adopted: Page _ 4. Intervening terraces. On fill slopes exceeding 25 feet (7.6 meters) in height, intervening terraces shall be construc«d in accordance with city standards. Terraces shall be paved with concrete terraces on fill slopes and, shall have a minimum width of eight feet (2.4 meters) and shall be spaced at maximum intervals of 25 feet (7.6 meters) measured vertically. Where only one terrace is utilized, it shall be placed at mid -height. 5. Placement. All fills shall be placed, compacted, inspected, and tested in accordance with the following provisions. If the strict enforcement of this section is determined by the city engineer to be unnecessary because of the proposed or probable use of land, the city engineer may waive these requirements. These requirements shall not be waived when structures are to be supported by the fill or where they are necessary as a safety measure to aid in preventing the saturation, settling, slipping or erosion of the fill. (a) Preparation of ground. The existing ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, or other incompetent material. Where the slope of the existing ground surface is five to one (5:1) or steeper, the fill shall be supported on level benches cut into competent material. The bench under the toe of a fill on a slope steeper than five to one (5:1) shall be at least ten feet (3.0 meters) wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench under the toe of fill shall be at least 10 feet (3.0 meters) wide, but the cut shall be made before placing the fill and before acceptance by the civil engineer, as a suitable foundation for fill. (b) Sub drains. Except where recommended by a soils engineer as not being necessary, sub drains shall be provided under all fills placed in natural drainage courses and in other locations where seepage is evident. Such sub drainage systems shall be of a material and design approved by the soils engineer and acceptable to the city engineer. The permittee shall provide periodic monitoring during the process of sub drain installation to conform with approved plans and 21 4. Ordinance No. Adopted: Page soils engineer's the soil testing the sub drains engineer. recommendations. agency employed shall be shown Such monitoring shall be done by by the permittee. The locations of on a plan approved by the soils (c) Fill material. Organic material shall not be permitted in fills. Soil containing small amounts of roots may be allowed, providing that the roots are in a quantity and distributed in a manner that will not be detrimental to the future use of the site and the use of such material is approved by a soils engineer and the city engineer. No rock or similar irreducible materials with a maximum dimension greater than eight inches (0.20 meters) shall be buried or placed in fill except as recommended by the soil engineer, approved by the city engineer, and meeting the following requirements: (1) The oversized material shall be placed ten feet (3.0 meters) or more below furnish grade. (2) The soils engineer shall be present while the oversized material is placed and covered. (3) The reports submitted by the soils engineer shall acknowledge the placement of the oversized material and whether the work was performed in accordance with the soils engineer's recommendations and the approved plans. (4) The location of oversized rock dispersal areas shall be shown on the as -built plan. Rock or similar irreducible materials less than eight inches (0.20 meters) in greatest dimension shall be placed in such a manner as to prevent nesting of oversize particles and to assure that all voids are filled with fine-grained materials. (d) The fill shall be spread in a series of loose lifts, each not exceeding eight inches (0.20 meters) in thickness, and shall be compacted by sheepsfoot roller or other approved methoa after each layer is spread. The next lift shall not be placed until the 22 �- Ordinance No. Adopted: Page compacted lift is tested or authorized by the soils engineer or city engineer, respectively. (e) The moisture content of the fill material shall be controlled at the time of spreading and compaction to obtain required relative compaction. A soils engineer shall establish the allowable moisture range which minimizes settlement. (f) All fills shall be compacted to a minimum of 90 percent of maximum density as determined by A.S.T.M. method D 1557. The city engineer may approve alternate minimum compaction densities where a soils engineer or geotechnical engineer has determined to the satisfaction of the city engineer that alternate minimum compaction densities are necessary to achieve the maximum benefit from soil consolidation. If the required degree of relative compaction cannot be attained on sloped surfaces, the slope shall be over filled and cut back until the compacted inner core is exposed. Field density shall be determined by A.S.T.M. method D 1556 or other methods approved by the city engineer which give equivalent results. (g) A sufficient number of tests shall occur to satisfy the engineer that all requirements have been met. As a minimum, a field density test, as herein provided, shall be taken for each two feet (0.6 meters) of fill, or portion thereof, measured vertically from the lowest point of the area to be filled, and for each 1,000 cubic yards (760 cubic meters) of fill placed. In addition, in the case of subdivisions, at least one field density test shall be taken on each lot which receives fill. One field density test shall be taken on the slope face for every four feet (1.2 meters) in elevation of the slope or every 1,000 square feet (90 square meters) of slope for each lot. (h) All fills regulated by this article shall be tested for relative compaction by a qualified soils testing agency. A certificate of compliance with the terms of this section and the grading permit, setting forth densities, relative compaction and other soil characteristics shall be prepared and signed by a soils engineer. This report shall be submitted to and approved by the city engineer before any final approval of the fill is given and before any foundation construction begins. 23 282 Ordinance No. Adopted: Page 6. Toe location. Fills that toe out on natural slopes which are steeper than two to one (2:1) shall not be permitted. Exception: The city engineer may permit the placement of fill on slopes as steep as 1 1 /2 to one, if the applicant shows through subsurface exploration and appropriate analysis by both a soils engineer and an engineering geologist, to the satisfaction of the city engineer, that the material making up the natural slope is capable of supporting the proposed fill. 7. Toe setback. Toes of fill slopes shall not be made nearer to a project boundary line than one-half the height of the fill, but need not exceed a horizontal distance of 20 feet (6.1 meters). Fill slopes shall not be divided horizontally by property lines. If the city engineer determines that the above is unnecessary because of special conditions, the city engineer may make adjustments as a condition of the grading permit. 8. Combined cut and fill slopes. Combined cut and fill slopes shall meet the requirements of paragraphs 1, 2, 3, and 4 of this section insofar as steepness, height, and benching are concerned except that, where the slope exceeds 25 feet (7.6 meters) in height, the required drainage- bench shall be placed at the top of the cut slope. 9. Old fills. All existing man-made fills, on any and all sites will be properly evaluated and recommendations and design criteria for corrective measures shall be included within the soils engineering report, if deficiencies exist. 10. Progress reports. Periodic soils reports by a soils engineer certifying the compaction or acceptability of all fills will be required monthly for projects extending three months or longer. These shall include, but need not be limited to, inspection of cleared areas and benches prepared to receive fill, and removal of soil and unsuitable materials, the placement and compaction of fill materials, and the inspection of buttress fills, sub drains, and similar devices. The city engineer may require sufficient inspection by an engineering geologist to assure that all geologic conditions have been adequately considered. Where geologic conditions warrant, the city engineer may 24 k83 Ordinance No. Adopted: Page _ require periodic geologic reports. These inspections and reports may be required to include but need not be limited to inspection of cut slopes, canyons during clearing, operations for groundwater and earth material conditions, placement of sub drains, benches prior to placement of fill, and possible spring locations. G. Planting and irrigation of cut and fill/ slopes. 1. General. All fill and cut slopes greater than four feet (1.2 meters) in vertical height, and any natural slopes from which native vegetation has been removed, which are determined by the city engineer to be subject to erosion shall be planted and irrigated with an irrigation system to promote the growth of ground cover plants to protect the slopes against erosion, as required in this section. The owner shall be responsible for planting and maintaining all slopes where such is required in this section. 2. Minimum requirements. (a) Low slopes to 15 feet (4.6 meters) in vertical height. (1) Plant with grass or ground cover plants as recommended on the approved planting schedule. Other plants recommended by a landscape architect will be considered for approval by the parks manager. (2) An irrigation system shall be installed to irrigate these slopes as a part of the house plumbing installation, unless otherwise approved by the city engineer. (3) The owner shall water the slopes which have been planted with grasses and ground cover plants at sufficient time intervals to promote growth. Exception: Where the city engineer finds the slope is located in such an area to make hand -watering possible, conveniently located hose bibs will be accepted in lieu of the required irrigation system when a hose no longer than 100 feet (30 meters) would be necessary. or)8 25 Ordinance No. Adopted: Page (b) Medium slopes 15 feet (4.6 meters) to 38 feet (11.6 meters) in vertical height. (1) Plant with grass or ground cover plants as recommended on the approved planting schedule. Other plants may be recommended by a landscape architect for approval by the parks manager. (2) In addition to ground cover plants, approved shrubs having a one gallon minimum size at ten feet (3.0 meters) on center in both directions on the slope may be used when the irrigation system is available for irrigation. The plants and planting pattern may be varied to include trees upon the recommendation of the landscape architect and approved by the parks manager. (3) An adequate irrigation system shall be installed during grading, prior to planting of shrubs and trees. (c) High slopes 38 feet (11.6 meters) or over in vertical height. (1) Plant with grass or ground cover plants. as recommended on the approved schedule. Other plants recommended by landscape architects may be submitted to the parks manager for approval. (2) In addition to ground cover plants, approved shrubs having a minimum one gallon size at ten feet (3.0 meters) on center in both directions on the slope, or trees at 20 feet (6. 1 meters) on center both ways may be used. A combination of shrubs and trees may be utilized. This plant and planting pattern may be varied upon the recommendation of a landscape architect and approval by the parks manager. (3) Slopes exceeding a height where a drainage terrace is required shall be planted with shrubs, minimum size one gallon, two feet (0.6 meters) on center, parallel to the benches and 26 - 8J Ordinance No. Adopted: Page _ within two feet (0.6 meters) of the uphill side. Larger varieties may be staggered one each side of the bench as an alternate. (4) An adequately designed irrigation system shall be installed prior to planting shrubs and trees. 3. Special requirements for irrigation systems. , (a) Plans for the irrigation system shall be submitted to and approved by the City Engineer prior to installation. (b) The irrigation system shall be designed to provide uniform water coverage at a rate of precipitation of not less than one - tenth inch (250 millimeters) per hour nor more than three -tenths inch (750 millimeters) per hour on the planted slope. In no event shall the rate of precipitation duration of sprinkling be permitted to create a saturated condition and cause an erosion problem, or allow the discharge of excess water into any public or private street. (c) A check valve and balance cock shall be installed in the system where drainage from sprinkler heads will create an erosion problem. (d) Adequate backflow protection shall be installed in each irrigation system as required by the Uniform Plumbing Code. (e) A functional test of the irrigation system shall be performed by the installer for every irrigation system prior to approval. H. Erosion control and drainage devices. 1. Water disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the city engineer as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of non - erosive down drains or other devices. 2. Interceptor terraces. Paved (concrete) interceptor terraces shall have a minimum width of eight feet (2.4 meters), a minimum depth of one foot (0.3 meters), and shall be installed on the face of all 27 4, Ordinance No. Adopted: Page cut and fill slopes at intervals not to exceed 25 feet (7.6 meters) measured along a vertical plane. The longitudinal slope of interceptor terraces shall not be less than four percent nor more than 12 percent and any change in rate of grade within these allowable slopes shall increase the grade in the direction of flow. A single run of an interceptor terrace shall not exceed 300 feet (91 meters) to a down drain. Down drains shall be embedded and round pipes enclosed in concrete shaped as shown in the city standard construction details, or an alternate design which is prepared by a civil engineer and acceptable to the city engineer. The cross section of interceptor terraces shall meet the specifications shown in the city standard construction details. 3. Diverter terraces. Paved (concrete) diverter terraces, three feet (0.9 meters) in width and one foot (0.3 meters) in depth, constructed as shown in the city standard construction details shall be installed at the top of all cut slopes where the tributary drainage area above has a slope exceeding ten horizontal to one vertical (10:1) and a horizontal projection of greater than 50 feet (15 meters). 4. Berms. Berms as shown in the city standard construction details shall be constructed at the top of all slopes. 5. Vee channels. Where a slough wall is required at the toe of the slope, the city engineer may require a vee channel to be constructed behind the wall to carry off the slope waters. 6. Inlet structures, down drains and outlet structures. (a) Inlet structures. Inlet structures shall be of concrete, galvanized iron hot -dipped in asphalt or equivalent. The inlet shall be grated or grilled, or of such entry shape as to prevent entry of objects of greater than four inches (0. 10 meters) in dimension. Inlet structures shall be placed as shown in the city standard construction 28 0 8 7 Ordinance No. Adopted: Page details and shall be so shaped as to provide small entry losses. An overflow structure into the "vee" down drains shall be provided. (b) Down drains. Down drains shall be of. concrete or corrugated galvanized iron hot -dipped in asphalt or its equivalent. Pipe down drains shall be reinforced concrete pipe, D-850, P N.C., SDR 35, or corrugated metal pipe, galvanized with paved invert in conformance with the city standard construction details, and shall have a diameter of a size required by run-off calculations, but not less than 12 inches (0.30 meters). Open channel down drains shall be designed by a civil engineer and shall have a minimum capacity equal to four times the required pipe size. The alignment of down drains shall be such as to conserve velocity head. (c) Outlet structures. Outlet structures shall be of concrete, galvanized iron hot -dipped in asphalt or equivalent. Where out letting into streets, the structure shall be of a design approved by the city engineer. Where out letting into natural watercourses or other approved locations, the structure shall be provided with adequate velocity reducers, diversion walls, rip -rap, concrete aprons or any similar energy dissipater. All slope drainage shall be collected and disposed of in the drainage device. 7. Run-off computations. Run-off shall be based upon the proper 50-year isohyetal and the run-off calculation shall be based upon the latest methods approved by the city engineer. 8. Drainage dispersal wall. A drainage dispersal wall shall be constructed in conformance with the city standard construction details whenever it is necessary to convert channel flow to sheet flow. 9. Site drainage. All building pads shall slope a minimum of two percent to an approved drainage device or to a public street. Where used, the drainage device shall be an adequately designed system of catch basins and drain lines which conduct the water to a street, storm drain or natural watercourse approved by the building official, as a safe place to deposit such waters. 29 � Ordinance No. Adopted: Page _ Exception: When approved by the city engineer, the gradient may be one percent if all of the following conditions exist throughout the permit area. (a) No proposed fills are greater than ten feet (3.0 meters) in depth. (b) No proposed furnish cut or fill slopes have vertical height greater than ten feet (3.0 meters). (c) No existing slope faces which have a slope face steeper than ten to one (10:1) have a vertical height greater than ten feet (3.0 meters). (d) The soil in landscaped areas adjacent to the structure has an expansion index below 50. 10. Maintenance of drainage. Drainage in conformance with the provisions of this article shall be maintained during and subsequent to construction. Suitable access shall be provided to permit cleaning and maintenance of all drainage and erosion control devices. I. Driveway slopes. Driveways shall have a maximum slope of five to one (5:1) 20 percent and shall terminate at both ends with vertical curves. The vertical curve of the bottom of the driveway slope shall have a minimum length of five feet (1.5 meters). The vertical curve at the top of the driveway slope shall have a minimum length of ten feet (3.0 meters). Vertical curves at grade changes which exceed five -tenths percent shall have a minimum length of five feet (1.5 meters). 8.80.070 Denial of permit. A. Hazardous grading. A grading permit shall not be issued in any case where the city engineer finds that the work proposed by the applicant is classed as hazardous grading and is liable to endanger any private property or result in the deposition of debris on any public way or interfere with any existing drainage course. 30 9 9 Ordinance No. Adopted: Page _ B. Geological or flood hazard. If, in the opinion of the city engineer, the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit and building permits for habitable structures shall be denied. 8.80.075 Permit limitations and conditions. A. General. The issuance of a grading permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit or on the site plans and specifications approved by the city engineer. B. Responsibility of permittee. The permittee and the permittee's agents shall carry out the proposed grading in accordance with approved plans and specification, the conditions of the permit and with the requirements of this article and all other applicable laws. The permittee and the permittee's agents shall maintain all required protective devices and temporary drainage during the progress of the grading work and shall be responsible for observance of hours of work, dust controls and methods of hauling. The permittee or the permittee's agents shall be responsible for maintenance of the site until such time as a notice of completion has been issued by the city engineer. The permittee, permittee's agents, and each or all of them shall become subject to the penalties set forth herein in the event of failure to comply with this article and other applicable laws of the City of La Quinta. No approval shall exonerate the permittee or the permittee's agents from the responsibility of complying with the provisions and intent of this article. C. Jurisdiction of other agencies. Permits issued under the requirements of this article shall not relieve the owner of responsibility for securing required permits for work to be accomplished which is regulated by any other code, department or division of the city or any other governing agency. D. Tract map requirements. If a final tract map is required under the City of La Quinta Municipal Code or Subdivision Map Act, no grading permit shall be issued for import or export of earth materials to 31 r)90 Ordinance No. Adopted: Page or from, and no grading shall be conducted on, any grading site in the hillside area unless a final tract map has been approved by the City Council. The city engineer may waive the requirement that the final tract map be approved prior to issuance of a grading permit if the city engineer determines that such waiver will not endanger life, limb, health, property, safety, or public welfare. In cases where a waiver is granted in the hillside area, a grading permit will not be issued until all required plans are approved by the city engineer and community development manager, following the payment of necessary fees or submittal of any or all required bonding. E. Conditions of permit. The city engineer and community development manager may impose such regulations with respect to access routes to and from grading sites in the hillside area as they shall determine are required in the interest of public health, safety, and welfare and safety precautions involving pedestrian or vehicular traffic. F. Haul. No permit shall be issued for the export or import of earth materials to or from a grading site in areas involving ingress or egress on streets having less than 17 feet (5.2 meters) in useable width, except upon the following conditions: 1. The size or type of hauling equipment shall be limited in accordance with the width and conditions of the street. 2. Traffic control devices, including flagmen, signs and markers shall be utilized at appropriate places along the designated routes of access to such sites. 3. Temporary no parking restrictions may be imposed with the approval of the city engineer along such routes when determined necessary. 4. Such other conditions as may be determined necessary for the Public health, safety and welfare shall be imposed. 5. In no event shall any export or import of earth materials to or from a grading site in hillside areas be undertaken or conducted 32 � �� Ordinance No. Adopted: Page except by use of equipment which complies in all respects with the State Vehicle Code. 6. All loads shall be properly trimmed and watered, or otherwise secured so as to prevent spillage from the equipment. 7. In all cases where the city engineer designates the "haul" routes, such designation of routes shall take into consideration the most practical means of transporting the earth materials to or from the grading site consistent with the safety and welfare of residents along the routes. G . Conformance with comprehensive plan, policies and the zoning regulations required. No permit shall be issued for any grading or export or import of earth materials to or from any grading site except in compliance with the zoning, private street and division of land regulations contained in the City of La Quinta Municipal Code, the Subdivision Map Act of the State of California, the comprehensive plan, the local coastal plan and the specific plan for the area in which the grading is be accomplished and local, state, and federal environmental laws and guidelines. H. Time limitations. The permittee shall fully perform and complete all of the work contemplated to be accomplished pursuant to the grading permit within the time limit specified in the permit. If the permittee is unable to complete the work within the specified time, the permittee may, prior to the expiration of the permit, submit a written request for an extension of time in which to complete the work. If, in the opinion of the city engineer, sufficient justification is shown, the time specified on the permit may be extended for a period of not more than 180 days, but no such extension shall release any surety upon the bond. I. Entry upon premises. The city engineer, the surety company or the duly authorized. representative of either, shall have access to the premises described in the permit for the purpose of inspecting the progress of the work. 33 092 Ordinance No. Adopted: Page _ In the event of default in the performance of any term or condition of the permit, the surety or any person employed or engaged on behalf of the surety shall have the right to go upon the premises to complete the required work. It shall be unlawful for the owner or any other person to interfere with the ingress or egress from such premises of any authorized representative or agent of any surety company or the city engaged in the work ordered by the city engineer. J. Consent of adjacent property owner. Whenever any excavation of fill requires entry onto adjacent property for any --- reason, the permit applicant shall obtain the written consent of the adjacent property owner or their authorized representative, and shall file a copy of said consent with the city engineer before a permit for such grading work will be issued. 8.80.080 Exceptions for emergencies. The provisions of this article shall not apply to any grading operation which is conducted during a period of emergency or disaster or which is directly connected with or related to relief of conditions caused by such emergency or disaster. 8.80.090 Conditions of approval. In granting any permit under this article, the city engineer or city engineer's authorized representative may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to: 1. Improvement of any existing grading to bring it up to the standards of this article. 2. Requirements for fencing of excavations or fills which would otherwise be hazardous. 8.80.100 Liability. 34493 Ordinance No. Adopted: Page _ Neither the issuance of a permit under the provisions of this article, nor the compliance with the provisions hereof or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the City for damage to other persons or property. 8.80.110 Plan checking and permit fees. A. Plan check fees. For excavation and fill on the same site, the fees shall be based on the volume of the excavation or fill, whichever is greater. Prior to acceptance of plans and specifications for checking, the city engineer shall collect a plan -check fee. Separate permits and fees shall apply to retaining walls or other structures as indicated in the most recent Uniform Building Code as adopted by the city. There shall be no separate charge for standard terrace drains and similar facilities. The fee for a grading permit authorizing additional work to that under a current valid permit shall be the difference between the fee paid for the original permit and the fee calculated for the revised total project. No fee refund will be made. The amount of the plan -checking fee for the grading plans shall be as set by council resolution. A grading plan check fee equal to 20 percent of the original plan check fee will be assessed for a fourth grading plan check and for each grading plan check thereafter. B. Permit fees. A fee for each grading permit shall be paid prior to the issuance of said permit. Double fees will be assessed where grading has been accomplished without an authorized permit. Fees shall be as set by council resolution. 8.80.120 Hazardous soil and earth conditions. Whenever the city engineer determines by inspection that any !and or any existing excavation or fill has from any cause become a menace to life or limb, endangers public or private property or affects the safety, usability or stability of a public way, the owner or other entity in legal control of the property concerned shall, upon receipt of written notice thereof from the city engineer, correct such condition in accordance 35 294 Ordinance No. Adopted: Page _ with the provisions of this article and the requirements and conditions set forth in such notice to eliminate the undesirable condition. The owner, or other person in control of such property shall immediately commence the work required by such notice and shall complete same within a maximum time of 120 days from the date of such notice unless a shorter period of time for completion has been specified in the notice, in which case the owner or other person shall comply within such time as specified. 8.80.130 Areas subject to geologically hazardous conditions. A. Genera/. The provisions of this section shall be fully complied with prior to issuance of a grading permit in areas subject to existing or potential slides, unstable soil, or geologic hazards or other hazardous conditions as determined by the city engineer. B. Records and maps. The city engineer or building official may adopt maps delineating areas of relative hazard for the application of this section. C . Permission to do work. 1. Active landslide and historic landslide areas. No building or grading permits shall be issued for development in active or historic landslide areas until, and unless, stabilization of the entire slide or soil mass which may have an adverse effect on the proposed development or access thereto can be satisfactorily demonstrated to the city engineer and the building official. 2. Prehistoric landslide or questionable areas. No building or grading permit shall be issued for development in prehistoric landslide or questionable areas except by specific approval of the city engineer and the building official, based upon a geological report by an approved soils engineer or engineering geologist, attesting to the apparent safety of the proposed developments, and stating that the development is not located in an area subject to slides or unstable soil which may have an adverse effect on the proposed development or access thereto. 36 �J Ordinance No. Adopted: Page _ 3. Geologically hazardous areas. (a) An engineering geology report by a geotechnical engineer or engineering geologist shall be submitted to the city engineer for approval for all grading or construction sites which meet the following criteria: (1) All projects which require a soils, geotechnical, or geological report under other sections of this article. (2) All projects which are within the boundaries of special study areas, seismic zones, geohazard zones, or moderate or high liquefaction hazard zones. Exclusions: Single story additions to single-family residences may be excluded from these requirements if the city engineer or the building official determines that such exemption would not endanger life, limb, health, property, safety or public welfare. (b) Where the engineering geology report determines that there is a significant potential geological hazard, mitigation measures as recommended in the report and approved by the city engineer shall be performed. 4. Other Conditions. If, in the opinion of the city engineer or the building official, there is evidence of potentially hazardous conditions other than those covered by items 1, 2, and 3, satisfactory reports from approved soils engineers and engineering geologists may be required. If such reports are required, a permit may be issued if the reports testify to the apparent safety of the development. If in the opinion of the city engineer, or building official it is found that the. area in question has elements of hazard or, if the reports so indicate, a permit may be refused. SECTION II. EFFECTIVE DATE: This Ordinance shall be in full force, and effect thirty (30) days after its adoption. SECTION III. POSTING: The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. 37 Ordinance No. Adopted: Page PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 201h day of April, 2004, by the following vote: 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 38 4 Ordinance No. Adopted: Page STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ► I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. which was introduced at a regular meeting on the day of and was adopted at a regular meeting held on the day of not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. JUNE S. GREEK, CMC, City. Clerk City of La Quinta, California DECLARATION OF POSTING I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California 39 � Ci T a Wvflf 4 COUNCIL/RDA MEETING DATE: April 6, 2004 Consideration of a Relocation Plan for the Vista Dunes Mobile Home Park Project. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Continue consideration of the Relocation Plan for the Vista Dunes Mobile Home Park Project until the May 4, 2004 meeting. FISCAL IMPACT: Implementing the Relocation Plan will result in the expenditure of up to $3,300,000 in mobile home acquisition and resident relocation costs. On December 2, 2003 the Agency Board approved the budget for this activity which will be funded through a combination of Housing Fund tax increment revenue and proceeds from the 2004 Housing Bonds. BACKGROUND AND OVERVIEW: On April 6, 2004 the City Council received public comment on the Relocation Plan. At that meeting Staff recommended continuing final consideration of the Relocation Plan until the April 20 meeting to allow additional time for the Vista Dunes Action Committee to provide comment. The Vista Dunes Action Committee was formed on March 14, 2004 to review and comment on the Relocation Plan, and to assist Park residents with understanding their relocation settlements. Since the Action Committee was formed on March 14 and State Law provides that all interested parties shall have at least 30 days to provide comment on a relocation plan, staff recommended final action be continued until April 20. The extended public comment period closed on Thursday, April 15. One comment was received during this period in the form of a letter from the California Rural Legal Assistance League (the "League") (Attachment 1). The letter stated that they represent one tenant at the Vista Dunes Mobile Home Park, and raised the following concerns regarding the Relocation Plan: 3040,.' • They strongly suggest that families not be displaced until the Agency adopts a replacement housing plan that identifies how the Agency will generate dwellings that replace the 93 mobile home units that will be removed from the Park. Staff is preparing the Replacement Housing Plan which will be scheduled for Agency consideration on May 6, 2004. The replacement housing resources that will be identified in the plan are: the development of 82 one-, two- and three -bedroom units that will be affordable to very . low- income households at the Vista Dunes Mobile Home Park; the development under construction by Southern California Presbyterian Housing consisting of 80 senior apartment units, of which 40 will be affordable to very low-income and 40 to low-income senior households; and the proposal that is currently under development for the Hammer property that may generate up to 300 apartment units of which 49% would be affordable to very low- and low- income households. The Agency is also continuing to substantially rehabilitate the 40 homes in the La Quinta Rental Housing Program that are rented to very low- and low-income family households. • They raised concerns that the Agency not withhold relocation benefits from households where all members may not be legal residents since Federal funds are not being used for this project. This has been discussed by the Agency Board, and staff has been directed to follow all applicable laws. • A third concern is whether the Agency must follow relocation laws related to closing a mobile home park which provides 6 to 12 months for residents to relocate. Staff has reviewed this with legal counsel who indicated that the mobile home park closure law does not apply to this circumstance. This item will again be reviewed during the continuation period. • They requested that additional information be provided regarding relocation housing opportunities that are in close proximity to present employment sources, medical and recreational facilities, parks, shopping, transportation and schools. The Agency's relocation consultant will be providing additional information on this item. • They requested that the Relocation Plan further identify the location of the comparable replacement housing resources. This will also be addressed by the Relocation Consultant: Since the letter was received at 3:21 p.m. on April 15, the Agency's relocation team and legal counsel did not have sufficient time to prepare responses and meet the agenda deadline. Thus staff is recommending the continuation until May 6 so that these concerns may be addressed. 136 Relocation PlanCont 2 3 FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Continue consideration of the Relocation Plan for the Vista Dunes Mobile Home Park Project until the May 6, 2004 meeting; or 2. Provide staff with alternative direction. Respectfully su§mitted, f rry H�rman. ommunity Development Director Approved for submission: z or Thomas P. Genovese, City Manager Attachment: 1. Letter from California Rural Legal Assistance League, dated April 15, 2004 3 C' B6 Relom ionftnCont 3 04/16/04 THU 16:21 FAX 760 398 1060 CRLA COACHELLA 16002 A u CALIFORNIA RURAL LEGAL ASSISTANCE, Inc. MIG)UN7 FAk WORKER PRO.MCT, Coachella Regional Office ATTACHMENT 1 April 153 2004 P.O. Box 35 tuna Facsimile Transmission and First Class U.S Mail 1460 Sixth Strcet Coachella, Califomia 92236-0035 (760) 777-1233 Tcicphonc; (760) 398-7261 Fax: (760) 398-1050 1 Frank Spevacek � E•iN�l: Coadullalolbfirkxla orr City of La Quinta Cristi Guerrero Dlrs�doN Community Development Department AcfuMep 2-NE& C�'R °'= 78-495 Calle Tampico wnum Roatucz La Quinta, CA 92253 :-Mole m+�NLerrl� Rim LuOam-Casco RE: Comments on Draft Relocation Plan for the vista Dunes Mobile Parr E'Mail Amumo 1a oil Project dated March 1, 2004 Emanuel V. Benitez C'..wV MAW b-M.a: hbalncaG]txla one Dear Mr. Spevacek: Lorene Martinez cO11 mundy lrb4f Our office represents a tenant residing at the Vista Dunes Mobile Home ��il: 1 nuiinexfrhxlu �me Park and are submitting these comments on the draft relocation plan on his behalf. t;anrel+ LOIxZ•RodK13t1� A4M;W, kWI.* 440W SM-13' Our initial review of the draft relocation plan and other documents relating to the e-)nil' `hw'ma sy1: project raises the following general and specific concerns. CBNTRIL OFFICE 631 Howno 31mL, Swat 3W First, we have been informed that the City of La Quinta has not drafted nor ..%m MocisaN CA 94105 HD `�' ' adopted plans for the replacement low income housing project which is planned for Fax54 �75n F-MRA 6noW@h" Cn the site of the Vista Dunes Mobile Home Park. In response to our request for these ward Wle W&- WWW.Q1s '°a°'- 3hofalla plans, we were informed that at this stage there have only been discussions about f r=W Yr Dirwor J ent project and that the projected commencement of construction n a replacemi R*b S°°timp "bawal November of 2004, which was reported in the press was, inaccurate. We are cn� tAaa UP14-19) concerned that the City of La Quinta would undertake the displacement of 93 Wis er families for what at this juncture is only a hypothetical replacement project and Jacobs J. & would strongly suggest that there not be any actual displacement of the Vista Dunes efLOISA , i Aa%wmy rMtw11a residents until the City has drafted and adopted plans for the replacement project. OTNERREGIONAL OFFICE$ Redevelopment law requires that the agency adopt a detailed relocation prior to n� (110)125-43 o undertaking or participating in a project that will result in the displacement of 81 CAMM (760) 353.0220 Fmw (559) a1-1721 residents or businesses. It is implicit that the agency actually must have a project it G&W (K31) A47-14ON ma"M (+09)674.5671 intends to undertake prior to displacing the presidents of Vista Dunes Mobile Home M (5M 742-5191 moacstoO 377.�1111 Park. ocamsids (no) %&0511 oanord (NIVw t) (RD3) 484-ICWM oxwd (vomid) (8051 d3-i01I Secondly, on page 14 of the draft relocation plan, it states that sernices will PM RAW" (145) 230 3701 s.11" (M)717-u=1 be provided by the Agency to those households, legally present, who are displaced Soo Laic Obispo (103)S4M-7997 SAWABWWM (503) 963-.1" 1 by the Project. Households containing one or more United States citizens (by birth Santa CYua (SS)) 4SN-10o9 SomMA& (10s)ru-Asm or naturalization) or one or more legally documented aliens shall be entitled to Santa Rosa (707) 321-9941 Slecktoe t2� 9�s relocation assistance. We refer you to 25 California Code of Regulations section Wa„ twin (131) 724.nS3 6034 which sets forth the requirements for eligibility for displaced persons. We have found no requirement in section 6034 or under applicable California law that N LSC residents have to be legally present in the United States to be eligible to receive 04/15/04 THU 15:21 FAX 760 398 1050 CRLA COACHELLA 10003 Letter to Mr. Frank Spevacek April 15, 2004 ,page 2 of 2 relocation assistance. While we are aware that there are federal guidelines which do have such a requirement, said requirements are only applicable to projects which receive federal funding. In its written response to inquiries raised by the Vista Dunes residents, the City confirmed that no federal funds are being used for the Vista Dunes project. We recommend that relocation assistance be provided to all otherwise eligible residents regardless of legal status. Thirdly, on page 15 at paragraph numbered 3, the draft relocation plan states that it will "ensure that no eligible occupant is required to move without a minimum of 90 days advance written notice." Absent specific legal authority which allows for 90 days advance written notice, we are of the opinion that the requisite notice provisions for the termination of a mobile home park tenancy are governed by Mobilehome Residency Law, Civil Code sections 798, et seq. As you may know, Civil Code section 798.56 limits the termination of a mobile home park tenancy to statutorily enumerated grounds. While a change of use of a mobile home park is a permitted grounds for termination of a mobile home park tenancy, applicable notice required in such situations is governed by section 798.56(g)(2) which requires a minimum of six months written notice, and possibly, 12 months written notice in these circumstances. It appears that the agency has failed to comply with the provisions of Civil Code section 798.56(g)(2). Fourthly, the assessment of relocation needs fails to comply with the requirements set forth in 25 California Code of Regulations section 6048 which requires specific information "concerning proximity to present employment sources, medical and recreational facilities, parks, community centers, shopping, transportation and schools." The only such information provided in the Draft Relocation Plan is at page 6 where it states "neighborhood characteristics include close proximity to employment, medical and recreational facilities, parks, shopping, transportation and schools." This is merely a recitation of the requirements of section 6048 and fails to provide the actual information required by the section. We recommend compliance with section 6048 and that the City adequately identify resources available to the residents of the Vista Dunes Mobile Home Park. Fifthly, at pages 11-13, the analysis of the relocation resources does not include sufficient information necessary to determine where the comparable replacement housing has been found. For example, at page 11, the plan states that "a total of 67 mobile homes for sale were identified in parks located in La Quinta and around the CoachellaValley-" The Coachella Valley stretches from Desert Hot Springs to the Salton Sea. It would be beneficial to identify with specificity the location of the replacement housing, especially when the plan states that only 9 of the 93 households wish to be relocated. outside the City of La Quinta. It is our opinion that 25 California Code of Regulations scction 6052 requires the survey areas and replacement housing to be identified with sufficient specificity to enable the residents to determine whether the proposed replacement housing has "the relevant characteristics which equal or exceed those of the neighborhood from which persons are to be displaced." Should you have any questions regarding this matter, please do not hesitate to call. Sincerely Arturo Rodriguez Rita Luevanos-Castro Attorneys at Law ti wR�►LL�Q�C a u ILL CALIFORNIA RURAL LEGAL ASSISTANCE, Inc. MIGRANT FARMWORKER PROJECT, Coachella Regional Office P.O. Box 35 1460 Sixth Street Coachella, California 92236-0035 Telephone: (760) 398-7261 Fax: (760) 398-1050 E-Mail: Coachellainfo(a3crla.org Cristina Guerrero Directing Attorney E-rnail: CAueirero(a),crla.org Arturo Rodriguez Staff Attorney E-Mail: Arrodrigue7Qcrta.or�: Rita Lu6vanos-Castro Staff Attorney E-Mail: Rcastro(a?crla.org Emanuel V. Benitez Community Worker E-Mail: F.benitez(Ocrla.m Lorena Martinez Community Worker E-Mail: Lnrartinez(g),cria.org Carmen Lopez -Rodriguez Administrative Legal Secretary E-Mail: CrodriguezRcrla.org CENTRAL OFFICE 631 Howard Street., Suite 300 San Francisco, CA 94105 Telephone: (415) 777-2752 Fax: (415) 543-2752 E-Mail: hn0097Qhandsnet.org World Wide Web: www.crta.org Josh R. Padilla Executive Director Luis C. Jaramillo Deputy Director Ralph Santiago Abascal General Counsel (1934-1997) William G. Hoerger Ilene J. Jacobs Cynthia Rice Directors of Litigation Advocacy & Training OTHER REGIONAL OFFICES Arvin (661) 854-5993 Delano (805) 7254350 El Centro (760) 353-0220 Fresno (559) 441-8721 Gilroy (831) 847-1408 Madera (209)674-5671 Marysville (530) 742-5191 Modesto (209) 577-3811 Monterey (831) 375-0505 Oceanside (760) 966-0511 Oxnard (Migrant) (805) 486-1068 Oxnard (Basic) (805) 483-8083 Paso Robles (805) 239-3708 Salinas (831) 757-5221 San Luis Obispo (805) 544-7997 Santa Barbara (905) 963-5981 Santa Cruz (831) 458-1089 Santa Maria (805) 922-4563 Santa Rosa (707)528-9941 Stockton (209) 946-0605 Watsonville (831) 724-2253 -I1. LSC fig`! DPP 2 J PM 3: 41 April 20, 2004 .+ ;.` `'i ► Hand Delivered and 1" Class U.S. Mail City Clerk City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 RE: Relocation Plan for the Vista Dunes Mobile Home Park Business Session — Agenda Item No. 4 Dear City Clerk: Attached please find a comments submitted by CRLA, Inc. on April 15, 2004 to Mr. Frank Spevacek pursuant to the directions contained in the draft relocation plan for the Vista Dunes Mobile Home Park. Please include these comments as public comment on agenda item Number 4 in the Business Session of today's City Council Agenda. Thank you for your cooperation in this matter. Sincerely, r Arturo Ro ' guez Attorney at ,' o 'tea 7 u L In CALIFORNIA RURAL LEGAL ASSISTANCE Inc. MIGRANT FARMWORKER PROJECT, Coachella Regional Office April 15, 2004 P.O. Box 35 Via Facsimile Transmission and First Class U.S. Mail 1460 Sixth Street Coachella, California 92236-0035 (760) 777-1233 Telephone: (760) 398-7261 Fax: (760) 398-1050 Mr. Frank Spevacek E-Mail: Coachellalnfo0wrla.org City of La Quinta Cristina Guerrero Attorney Community Development Department Directing E-mail: Cguerrero(&rla.org 78-495 Calle Tampico Arturo Rodriguez La Quinta, CA 92253 Staff Attorney E-Mail: Arrodriguez(alcrla.org Rita Lutsvanos-Castro RE: Comments on Draft, Relocation Plan for the Vista Dunes Mobile Park SftffAttorney E-Mail: Rcastr*( crla.org Project dated March 1, 2004 Emanuel V. Benitez Community Worker E-Mail: Ebenitezti?crla.org Dear Mr. Spevacek: Lorena Martinez Community Worker Our office represents a tenant residing at the Vista Dunes Mobile Home E-Mail: Lnmrtinez(a)crla.org Park and are submitting these comments on the draft relocation plan on his behalf. Carmen Lopez -Rodriguez Administrative Legal Secretary Our initial review of the draft relocation plan and other documents relating to the E-Mail: CrodriguezC&,crta.org project raises the following general and specific concerns. CENTRAL OFFICE 631 Howard StreetSuite 300 First we have been informed that the City of La Quinta has not drafted nor 9 San Francisco, CA4105 Telephone: (415) 777-2752 543-2752 � adopted plans for the replacement low income housing project which is planned for p p p g p � Fax: (415) E-Mail: hnW97Qhandsnet.org the site of the Vista Dunes Mobile Home Park. In response to our request or t ese World Wide Web: www.crli.org Jose R. Padilla Executive Director plans, we were informed that at this stage there have only been discussions about Luis C. that the commencement of construction in DeputyDiretolrr a replacement project and projected Ralph Santiago Abascal November of 2004, p which was reported in the press was, inaccurate. We are Genera! Counsel (1934-1997) concerned that the City of La Quinta would undertake the displacement of 93 William families for what at this juncture is only a hypothetical replacement project and ,�b Rice Advocacy &Training would strongly suggest that there not bean actual displacement of the Vista Dunes $ Y gg Y p Directors of Litigation Directors residents until the City has drafted and adopted plans for the replacement project. OTHER REGIONAL OFFICES Redevelopment law requires that the agency adopt a detailed relocation prior to Arvin (661) 854-5993 Delano (805) 725-4350 undertaking or participating in a project that will result in the displacement of El Centro (760) 353-0220 Fresno (559) 441-8721 residents or businesses. It is implicit that the agency actually must have a project it Gilroy (831) 847-1408 Madera (209) 674-5671 intends to undertake prior to displacing the residents of Vista Dunes Mobile Home Marysville (530) 742-5191 Modesto (209) 577-3811 Park. Monterey (831) 375-0505 Oceanside (760) 966-0511 Oxnard (Migrant) (805) 486-1068 Oxnard (Basic) (805) 483-8083 Secondly, on page 14 of the draft relocation plan, it states that services will Paso Robles (805)239-3708 Salinas (831) 757-5221 be provided by the Agency to those households, legally present, who are displaced San Luis Obispo (805) 544-7997 Santa Barbara (805) 963-5981 by the Project. Households containing one or more United States citizens (by birth Santa Cruz (831)458-1089 Santa Maria (805) 9224563 or naturalization) or one or more legally documented aliens shall be entitled to Santa Rosa (707) 528-9941 Stockton (209) 946-0605 relocation assistance. We refer you to 25 California Code of Regulations section Watsonville (831) 724-2253 6034 which sets forth the requirements for eligibility for displaced persons. We have found no requirement in section 6034 or under applicable California law that L LSC residents have to be legally present in the United States to be eligible to receive Letter to Mr. Frank Spevacek April 15, 2004 page 2-of 2 relocation assistance. While we are aware that there are federal guidelines which do have such a requirement, said requirements are only applicable to projects which receive federal funding. In its written response to inquiries raised by the Vista Dunes residents, the City confirmed that no federal funds are being used for the Vista Dunes project. We recommend that relocation assistance be provided to all otherwise eligible residents regardless of legal status. Thirdly, on page 15 at paragraph numbered 3, the draft relocation plan states that it will "ensure that no eligible occupant is required to move without a minimum of 90 days advance written notice." Absent specific legal authority which allows for 90 days advance written notice, we are of the opinion that the requisite notice provisions for the termination of a mobile home park tenancy are governed by Mobilehome Residency Law, Civil Code sections 798, et seq. As you may know, Civil Code section 798.56 limits the termination of a mobile home park tenancy to statutorily enumerated grounds. While a change of use of a mobile home park is a permitted grounds for termination of a mobile home park tenancy, applicable notice required in such situations is governed by section 798.56(g)(2) which requires a minimum of six months written notice, and possibly,12 months written notice in these circumstances. It appears that the agency has failed to comply with the provisions of Civil Code section 798.56(g)(2). Fourthly, the assessment of relocation needs fails to comply with the requirements set forth in 25 California Code of Regulations section 6048 which requires specific information "concerning proximity to present employment sources, medical and recreational facilities, parks, community centers, shopping, transportation and schools." The only such information provided in the Draft Relocation Plan is at page 6 where it states "neighborhood characteristics include close proximity to employment, medical and recreational facilities, parks, shopping, transportation and schools." This is merely a recitation of the requirements of section 6048 and fails to provide the actual information required by the section. We recommend compliance with section 6048 and that the City adequately identify resources available to the residents of the Vista Dunes Mobile Home Park. Fifthly, at pages 11-13, the analysis of the relocation resources does not include sufficient information necessary to determine where the comparable replacement housing has been found. For example, at page 11, the plan states that "a total of 67 mobile homes for sale were identified in parks located in La Quinta and around the Coachella Valley." The Coachella Valley stretches from Desert Hot Springs to the Salton Sea. It would be beneficial to identify with specificity the location of the replacement housing, especially when the plan states that only 9 of the 93 households wish to be relocated outside the City of La Quinta. It is our opinion that 25 California Code of Regulations section 6052 requires the survey areas and replacement housing to be identified with sufficient specificity to enable the residents to determine whether the proposed replacement housing has "the relevant characteristics which equal or� exceed those of the neighborhood from which persons are to be displaced." Should you have any questions regarding this matter, please do not hesitate to call. Sincerely, Arturo R ez Rita Luevanos-Castro Attorneys at Law -r w U - - T r. J.-K G� OF ti COUNCIL/RDA MEETING DATE: April 20, 2004 ITEM TITLE: Discussion of Red Light Camera Program RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Minor. Beta Test agreement limits expenses of the program to that amount received from citations issued at the designated intersections. The Police Department will incur some lost staff time to administer the program and review/issue citations. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the request of City Council, the La Quinta Police Department has conducted an analysis of the history and effectiveness of red light cameras in California and the Coachella Valley. The results of this work are contained in the Red Light Camera Enforcement Program Analysis provided by the Police Department (Attachment 1). The City Traffic Engineer has also provided an analysis (Attachment 2). After reviewing this information and the capabilities of different vendors, the facts support photo enforcement as a very effective method of preventing injuries and deaths in traffic collisions caused by red light violations. 36, -P i • Prohibits system providers from selecting the location for cameras • Prohibits system providers from changing the timing of signal phases • Prohibits system providers from reviewing and approving tickets • Continues the present confidential treatment for the photos, so that only the police, the registered owner, and an identified driver of the car, can look at them • Requires the destruction of the photos after 6 months The California State Auditor's report on Red Light Camera Programs, dated July 2002, is also provided (Attachment 5). Of the vendors reviewed, Transol USA Inc. distinguished itself by its state -of the art technology, non -intrusive installation requirements, and lower cost approach. A program overview has been provided by Transol USA Inc. (Attachment 6). Transol USA Inc. has submitted a proposal to Beta Test their system at two intersections of Police Department choice in the City of La Quinta. The two intersections most likely to be chosen by the Police Department, based upon Crossroads collision data, are Washington at Highway 1 1 1 and Washington at Fred Waring. Transol USA Inc. would collect a fixed monthly fee or, if there are insufficient fines generated by the system to equal the monthly fee, they would collect only the amount generated by the system. This fee agreement is in compliance with the requirements contained within 21455.5-21455.7 V.C. (amended by AB 1022 which became effective on Jan. 1. 2004) and would insure that the City of La Quinta would not have to pay any monies beyond what the system generates. This Beta Test would be for a period of one year with the option to continue, expand, or cancel the program after review. Any contract with Transol, or any other vendors, would be reviewed by the City Attorney and would come back for consideration by the City Council. It is recommended that the matter be placed on a future City Council agenda for public hearing. Should the Council choose to move forward with a red light runner program after the public hearing, a Beta Test Agreement with Transol USA Inc. could be considered. At the conclusion of the one-year test period, the Police Department would provide the City Council with an analysis and recommendation for future operation. As an alternative to the recommendation above, a request for proposals from interested vendors could be prepared and issued. In order to limit City expense and 3 3 .l 9 The California Vehicle Code has permitted photo enforcement of intersections since 1996. The requirements for these systems are detailed in 21455.5 V.C. Below is the list of general requirements: • The system is identified by signs, clearly indicating the system's presence, visible to traffic approaching from all directions, or if signs are posted at all major entrances to the city, including, at a minimum, freeways, bridges, and state highway routes AND, • The system is located at an intersection that meets the criteria specified for minimum yellow light change interval (21455.7 V.C.). This section states that the set yellow light time must conform to standard set by the Traffic Manual of the Department of Transportation. Generally, this standard is 1 second of yellow time per 10 mph of the posted speed limit on the roadway. Thus if a system were installed on a roadway with a speed limit of 40 mph, the minimum yellow interval time would be 4 seconds. • Prior to utilizing an automated enforcement system, warnings shall be issued for a period of 30 days and a public announcement shall be made 30 days prior to any enforcement beginning. (21455.5(a) V.C.) • Only a government agency in cooperation with a law enforcement agency may operate an automated enforcement system. (21455.5(a) V.C.) • A city council shall conduct a public hearing on the proposed use of automated enforcement systems prior to that city entering into a contract for the use of those systems. (21455.6(a) V.C.). There have been recent court challenges filed against red light camera systems. The most widely publicized cases were in San Diego. The San Diego Court threw out 290 citations since the City of San Diego did not directly operate the automated enforcement system in use (Attachment 3). In addition the contingent fee paid to Lockheed Martin (ACS Corp.) did not meet the requirements of the current law. This decision was made on September 4, 2001 and resulted in the writing of Assembly Bill 1022 (Attachment 4) to correct these defects. AB 1022 was signed into law by Governor Davis on September 24, 2003 and became effective on January 1, 2004. In summary, AB 1022 modified sections 21455.5, 21455.6, and 21455.7 of the vehicle code regarding automated photo enforcement systems and clarified the definition of "operate." The major changes are listed below: • Prohibits suppliers or manufacturers from being paid based on the number of citations issued, or as a percentage of the revenue generated as a result of the system prevent roadway damage at selected locations, only vendors that install a non -intrusive photo enforcement system should be considered. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Direct staff to place the matter on the agenda for public hearing on the proposed use of automated enforcement systems prior to entering into a contract, as required by Vehicle Code Section 21455.6(a); or 2. Do not implement a photo enforcement program; or 3. Provide staff with. alternative direction. uWitted, Jolln )Urtoh, Chief of Police Attachments: Approved for submission by: t1_1 �-01� Thomas P. Genovese, City Manager 1. Police Department Analysis 2. City Traffic Engineer's Analysis 3. San Diego Superior Court Order Excluding Evidence 4. Assembly Bill 1022 5. California State Auditor's Report 6. Potential Transol Agreement ATTACHMENT 1 City of La Quinta La Quinta Police 82-695 Dr. Carreon Blvd. Indio Ca. To: John Horton, Chief of Police Date: 4/15/04 From: Kevin Vest, Sergeant La Quinta Operations Supervisor Re: Red Light Camera Enforcement Program Analysis Via: Chain of Command Problem: Drivers who fail to stop for red signals cause 260,000 collisions per year in the United States. As a result, 750 people per year are killed, thousands more injured, and hundreds of billions of dollars is lost due to property damage and lost work productivity (Insurance Institute for Highway Safety). The estimated cost in California alone is more than twenty billion dollars. Surveys reveal that two out of three drivers witness other drivers run red lights on a daily basis. 95 percent of Californians fear that a red light violator will collide with them when they enter an intersection and one in three personally know someone who has been injured or killed in a red light collision. Technology has advanced to the point that companies have invented and offered for purchase systems that enable intersections to be monitored by computers to enforce red light violations. The purpose of this constant enforcement is to increase voluntary compliance of motorists to the red traffic signals and to prevent traffic collisions caused by the failure to obey the dedicated signals. These systems offer 24-hour enforcement at designated intersections while at the same time increasing public awareness of the dangers and punitive expense associated with failing to stop for red traffic signals. This staff report will compare and contrast the different systems currently available while also analyzing the current status of several areas associated with red light violations. These areas are: current enforcement efforts and results, traffic collision history and severity, traffic collision high incident locations, legal and legislative issues, and a cost comparison. Current Enforcement Activities: The La Quinta Police Department currently has three dedicated motorcycle officers whose primary duties are to conduct traffic enforcement and traffic collision investigations. The first motorcycle officer was deployed in Nov. 2000, followed by the second in August 2002. The third officer was approved and began traffic enforcement in Oct. 2003. These motorcycle officers are deployed using Crossroads Collision Database data to cover peak traffic periods for both traffic volume and traffic collision occurrence. Current deployment covers 5 days per week (Monday -Friday) with thirteen individual hours per day being covered (overlap occurs with several officers working during the morning peak hours). 3115 In addition to dedicated motorcycle personnel, patrol personnel conduct traffic enforcement when possible at all hours of the day. A large number of patrol officer's traffic enforcement efforts deal with flagrant violations of stop sign or traffic signal violations that occur in front of them. Current Enforcement Results: I conducted a search of all citations issued for red light violations within the City of La Quinta since January 2001. The totals for each calendar year, the year-to-year percentage change, and the citations per calendar day are listed in the table below: Year Red Light Citations 2001 145 2002 191 2003 223 Percent Increase Citations per calendar --- .39 32% .52 17% .61 I would expect the total number of red light citations to continue to climb since the third motorcycle officer was not trained and deployed until the fourth quarter of 2003. Given a full twelve months of activity, I would have expected the total number of red light violations cited in 2003 to be approximately 250. Red Light Traffic Collision History: I conducted a search of all traffic collision reports documented by the La Quinta Police Department and compiled by the State Wide Integrated Traffic Collision Reporting System (SWITRS) since January 1, 1992. This data was imported into Crossroads Collision Database and analyzed. Since 1992, La Quinta has had 203 traffic collisions where the cause was listed as a traffic violation associated with a red traffic signal. In these collisions, 3 people were killed and 170 were injured. The chart listed below details the number of collisions, fatalities, and injuries associated over these years: Year Number of Collisions Number of Fatal Collisions Number of Injury Collisions Number of . Property Damage Collisions Number of People Killed Number of People Injured 1992 3 - 1 2 1 1993 7 - 4 3 - 6 1994 7 - 5 2 - 11 1995 7 - 3 4 - 4 1996 17 2 6 9 2 10 1997 11 - 8 3 - 19 1998 16 - 6 10 - 13 1999 17 - 9 8 - 12 2000 24 - 15 9 - 30 2001 30 - 12 18 - 27 2002 29 1 11 17 1 19 2003 35 - 13 22 - 18 Total 203 3 93 107 3 170 The collisions listed above are only collisions where the cause was listed as a red signal violation. If the driver of the vehicle that caused the collision was driving under the influence of alcohol or drugs, the cause would be listed as DUI with an associated factor of the signal violation recorded. I researched all DUI traffic collisions in La Quinta for the same time period that occurred at intersections in an attempt to determine how many of those may have been related to a traffic signal lIC violation. Unfortunately, Crossroads is unable to filter data by a primary collision factor and then sub sort it by a specific associated factor. The data listed in the chart below displays DUI traffic collisions that occurred within a signalized intersection during the same time period. Number of Collisions Number of Fatal Collisions Number of Injury Collisions Number of Property Damage Collisions Number of People Killed Number o People Injured Year 1992 1993 - - - 1994 1995 1 - - 1 - - 1996 3 - 3 4 1997 - - - " 1998 2 - 1 1 - 1 1999 2 - 2 3 2000 1 - 1 3 2001 5 - 3 2 - 5 2002 4 - 1 3 - 2 2003 1 - - I 0 Total 19 1 0 1 11 8 0 18 It is doubtful that there would be any measurable affect on the number of DUI intersection collisions due to the installation of red light monitoring equipment. This is due to the impaired driver not even recognizing that the traffic signal is red prior to committing the violation that caused the collision. Traffic Collision High Incident Locations: I obtained a list of the locations in La Quinta where the most red signal violation collisions occurred during the time period contained within Crossroads (Jan. 1992- Dec. 2003). The following chart lists the locations where the most collisions have occurred over this eleven -year period. 313 7 Number of Collisions l�Q]jjljjl 1 laa lVl ►7vv�av as Washington Street at Rt I I 1 12 2 Was hin on Street at Fred Waring Drive 12 3 Washington Street at Hi land Palms Drive 9 4 Was hin on Street at Channel Drive 9 5 Washington Street at Avenue 50 8 6 Eisenhower Drive at Coachella Drive 7 7 Miles Avenue at Adams Street 7 8 Rt 111 at La Qunta Centre Drive 7 9 Rt 111 at Adams Street 7 10 Simon Drive at Rt 111 7 11 Fred Waring Drive at Adams Street 6 12 Washington Street at Rancho La Quinta Drive 5 13 Jefferson Street at Fred Waring Drive 4 14 Rt I I I at Plaza La Quinta 4 15 Rt 111 at Dune Palms Road 4 16 Washington Street at Miles Avenue 4 17 Washington Street at Avenue 48 4 18 Avenue 48 at Adams Street 3 19 Eisenhower Drive at Avenida Fernando 3 20 Miles Avenue at Dune Palms Road 3 20 Washington Street at Avenue 52 3 20 Washington Street at Calle Tampico 3 General Red Light Enforcement Svstem Terms and Definitions Approaches- Each direction of travel for vehicles approaching a signalized intersection. All three companies now bid their systems on a per approach basis. All recommend that only two approaches to each intersection be photo enforced. Monitored Intersection- For the purposes of this staff report, a monitored intersection will be an intersection with two approaches being monitored by photo enforcement systems. System Capabilities: In researching this topic, I have located three manufacturers that currently produce, install, and maintain red light camera systems. These companies are ACS, Transol USA, and Redflex Inc. Affiliated Computer Services Inc. (ACS) was previously known as Lockheed Martin has been installing and operating photo enforcement equipment in California for many years. ACS has systems installed in Indian Wells, San Diego, San Francisco, Sacramento, and several others. ACS offers red light enforcement systems in either digital or analog (wet film) formats. Transol USA Inc. was founded in 2002 when CEO Rob Ciolli left Redflex Traffic Systems Inc. Transol currently has systems in place in Northglenn, Colorado and Whittier Ca. Additional contracts have been won in Sante Fe Springs, Berkeley, and Roseville. Transol offers red light enforcement systems using digital formats. A4 Redflex Traffic Systems Inc. has been installing and operating photo enforcement systems nationwide since the late 1990's. Redflex has photo enforcement systems in place in Chicago Il., Del Mar Ca., Vista Ca., Escondido Ca., and many others. Redflex offers red light enforcement systems using digital formats. Each company has different options and variations. Some permit only one camera to be installed per approach so that only the front of the vehicle is photographed. This reduces the cost of the system, but it also reduces the number of prosecutable violations due to not all vehicles having front license plates installed. The chart below lists some of the system capabilities for all three companies. * As long as required wiring connections (roadway and signal controller box) are mstaiiea. ** If collision is caused by a red light violation, it will be recorded. * * * Inductive connection to determine when signal turn to red. Wiring connected to light standards only. Cost Comparison: In order to compare each system using an actual installation approach, I will compile a price for a sample intersection with two monitored approaches. Using the estimates provided by each vendor, I will calculate the monthly costs for one intersection, the yearly costs, and a projected number of paid violations in order to have the system be cost neutral for the city. I was able to obtain an approximate monthly cost per approach from all three vendors for each system they produce. ACS indicated that since Indian Wells borders La Quinta, the potential for a joint contract exists on intersections along the border. No prices or other details were requested about this possibility. Redflex Inc. has a tiered pricing structure based on the type of roadway configuration being enforced. This results in multiple different pricing combinations depending on which intersections are selected. The following chart lists the different prices as submitted by Redflex Inc. COST ESTIMATE PER MONITORED INTERSECTION (Twn through lanes and two left turn lanes) Company Price per Price per Monthly Yearly approach intersection Mgmt Mgmt Fee (2 approaches) Fee ACS Inc. $5,900 $119800 $119800 $1415600 (wet film) ACS Inc. $6,400 $129800 $129800 $1539600 (digital) Transol $59350 $10,700 $10,700 $128,400 USA Inc. Redflex $10,840 $219680 $21,680 $2609160 Inc. COST ESTIMATE FOR THREE MONITORED INTERSECTIONS (Twn through lanes and two left turn lanes) Company v ~Price per Monthly Mgmt Fee Yearly intersection for 3 intersections Mgmt Fee ACS Inc. $113,800 $355400 $424,800 (wet film) ACS Inc. $12,800 $385400 $4609800 (digital) Transol $10,700 $32,100 $385,200 USA Inc. Redflex $215680 $65,040 $7805480 Inc. Violation Fee Revenue: The City of La Quints receives a portion of the fine assessed on all violations that occur within its jurisdiction. The amount of the fine is determined by the violation committed and what was actually assessed by the court. Another factor is that traffic commissioners are able to reduce fines and some violators fail to make any payments at all. All three vendors submitted revenue projections with their program material. s 1 �► 10 R: City Fee Number Approved City Revenue City Revenue City Revenue per violations per Citations per per day per month per year violation* intersection day ACS Inc. $148.00 8 4 $592 $17,760 $213,120 $148.00 8 4 $592 $175760 $2135120 Transol USA 1 $141.001 9 6.3 $888 $26,649 $319,788 Redflex Inc. * Average citation amount received in Los Angeles metropolitan area. In order to confirm these numbers, I contacted the City of Indian Wells to learn how much was the average fine assessed by the Indio Traffic Court. I learned that the fine distribution in Riverside County is different than the fine distribution schedule in Los Angeles County. Each city can only expect to receive about $1.00.00 per assessed (and paid) red light violation in Riverside County. The below chart reflects the accurate regional fine distribution per violation in our area. R'. City Fee Number violations Approved City City Revenue City Revenue per per intersection per Citations Revenue per month per year violation* day per day per day ACS $100.00 8 4 $400 $1200 1 $144,000 Inc. Transol $100.00 8 4 $400 $12,000 $144,000 USA Redflex $100.00 9 6.3 $630 $185900 $226,800 Inc. The use of the more accurate fine numbers substantially reduces the revenue projections for each company. The previous chart clearly indicates that a monitored intersection (two approaches) would have to average 4 approved citations per day in order to be about cost neutral to the city (depending on which system is selected). The previous chart is based on the scheduled fine for a red light violation not being reduced by the local traffic court AND actually being paid by the violator. I contacted Indian Wells and learned their actual fine paid per citation issued rate. I was told that Indio Traffic Court Commissioners regularly reduce the fine due on red light violations to less than the statutory rate of $271.00. In my experience as a traffic officer, I have also observed this and agree with this statement. This substantially impacts the revenue projections even further. The chart below also shows a slightly higher approval rate than what was projected by the vendor. The City of Indian Wells has four approaches enforced at three different intersections. Violations Violations per Approved Approved Approval Fines Average fine Recorded approach/day Citations Citations per Rate Collected per issued approach/dayapproach/day citation 1486 ' 2.04 853 1.17 57.4 % 1 $43,219.49 1 $50.67 Using the above figures obtained from actual Coachella Valley fine and payment history, I recalculated the charts presented earlier by the product vendors to more accurately display projected revenue from one monitored intersection in La Quinta. The unknown factor of this projection is the number of violations recorded. This number could be higher or lower depending on which intersection(s) the system(s) are installed. Another unknown factor is the different approval rates obtained via each system. ACS Inc. projects an approval rate of 50% to be accurate. The numbers obtained by Indian Wells indicate that that rate may be slightly low. Transol USA and Redflex Inc. both have expressed approval rates that climb into the 70% range based on their different type cameras and technology. I will use an approval rate of 50% for all calculations in this report since I have not obtained verified documentation to support the higher rates quoted by different vendors. City Fee Number violations "Approved ity City City Revenue per per intersection per evenue Revenue per year violation day per day per day per month ACS Inc. $50.67 8 4 $202.68 $69080.40 $729964.80 Transol $50.67 8 4 $202.68 $69080.40 $72,964.80 Redflex 1 $50.67 8 4 $202.68 $69080.40 $72,964.80 Using these projections, it clearly indicates that a red light enforcement program will not be "cost neutral" to the city as presented using vendor statistics. Based on the historical fine amount collected by Indian Wells, a monitored intersection would have to average about 8 approved citations per day in order to "cost neutral". Using an approval rate of 50%, the number of violations actually committed would have to near 16 per monitored intersection per day. Even using the unverified higher approval rates offered by some companies, the number of violations committed would have to exceed 11 per monitored intersection per day for the system to be "cost neutral". The next chart will show the monthly and yearly expense and revenue projections using the above calculations and the system prices provided by each vendor. This chart uses one monitored intersection with two approaches and a violation approval rate of 50%. In order to determine a more accurate estimate of the number of violations expected, individual intersections would have to be chosen and analyzed by prospective vendors. s : ' f° Company Monthly Monthly Fine Monthly Yearly Yearly Yearly City Mgmt Revenue Shortage Mgmt Fee Fine Support Required Fee Projections Revenue ACS Inc. $11,800 $65080.40 $5,719.60 $141,600 $725965 $68,635.20 (wet film) ACS Inc. $12,800 $6,080.40 $6,719.60 $1535600 $725965 $80,635.20 (digital) $103,700 $6,080.40 $45619.60 $1285400 $72,965 $55,435.20 Transol USA Inc. Redflex $215680 $69080.40 $15,599.60 $2605160 $72,965 $187,195.20 Inc. A8 12 Program Administration Costs: I In order to implement and administer a photo enforcement system, the La Quinta Police Department will have to approve or deny the issuance of citations by reviewing violations via Internet connection. Currently, La Quinta contracts for a dedicated sergeant in order to oversee its special operations. The La Quinta Operations Supervisor currently supervises thirteen deputies or CSO's assigned to various duties (Special Enforcement Team, Traffic Officers, Community Service Officers, School Resource Officers, and Volunteers). In order to estimate the number of hours daily or weekly that is required to operate this type system, I contacted the Palm Desert Sheriff Station, which administers the Indian Wells Police Department's Red Light Runner Program. Indian Wells does not contract for a dedicated sergeant in order to administer their program. Instead, they pay a Palm Desert Police Traffic Sergeant an average of 16 hours of overtime per month to administer and testify in court on any violations that proceed to trial. This total covers all three intersections currently being monitored in Indian Wells. It is expected that a min. of 6-8 hours of time per month would be required for each photo -enforced intersection that is installed. A portion of this time could be delegated to each of the three motorcycle officers working in La Quinta. This would permit continued system operation during vacations or training schools by the dedicated supervisor, but would also slightly reduce their available enforcement time. This system support time is spent doing the following tasks: 1. Reviewing recorded violations via secure Internet connection. 2. Deciding whether to issue a citation based on the evidence viewed. 3. Meeting with and/or reviewing photographs with cited violators (scheduled times) 4. Requesting court packets for any cases that proceed to traffic trial (via company website). 5. Testifying in court about the system and evidence during traffic trials of violators. Effectiveness (Statewide): Red light enforcement systems have been shown to be very effective at reducing collisions both at the intersection where they are installed and at other intersection in the area. The California State Auditor, Bureau of Audits released a report in 2002 detailing the effectiveness of red light camera systems (Refer to Attachment 5 for a summary of the auditors report- Complete report is available but is not included due to length). In general the following results were cited: • Statewide: Red light violation collisions declined 3% • Cities (with photo enforcement systems): Red light violation collisions declined 10% • Cities (without photo enforcement systems): Red Light violation collisions posted neither an increase nor decrease in the collision rate. During the audit, the collision rate for red light violations was compared both prior to and after the installation of the photo enforcement system. Of the six cities analyzed the following results were observed for the entire cities' collision rate: • Los Angeles County: 4% decline • Oxnard: 21 % decline • Sacramento: 3% decline • Fremont*: 5% increase • San Francisco: 16% decline • San Diego: 8% decline *Fremont's increase in red light collisions was attributed to the heavy population increase in the city during the time period reviewed. 313 13 The collision rate was also analyzed at the locations where the red light systems were installed. The results at those locations were also compiled and the results are impressive. Overall, collisions decreased substantially at the locations where the cameras were installed. The results cited are: • Los Angeles County: 29% decline • Oxnard: 55% decline • Sacramento: 44% decline • Fremont: 11 % decline • San Francisco: 37% decline • San Diego: 16% decline The audit also revealed that only two city programs generated sufficient revenue to pay for themselves (San Diego and Oxnard). The audit also recommends that cities do several things to ensure that they comply with state law if using or installing red light cameras (Some of these are now required due to the provisions of AB 1022). These recommendations are: • Improve supervision of vendors to maintain control of their programs. • Shorten time periods of the retention of certain confidential information. Develop added controls to ensure that vendors only mail authorized and approved citations. • Periodically inspect red light camera intersections. • Consider whether engineering measures would improve traffic safety and be more effective in addressing red light violations. • Avoid overlooking dangerous intersections that are state owned and diligently pursue the required state approvals. Effectiveness (Local): I obtained some traffic collision data from Indian Wells regarding their most recent traffic collision rate. For 2003, Indian Wells non -injury traffic collisions decreased by 57% from 2002. Injury collisions increased by 3% for the same time period. No specific location or cause data was available. Effect on rear -end collision rate: The City of San Diego initiated an outside review of their red light enforcement program. The results of the review indicated that the rear -end collision rate did increase at intersections where red light camera enforcement systems are installed. The audit indicated that the rear -end collision rate increased by 37% over the period analyzed. The figure is very surprising, but when the raw data is reviewed, an interesting fact appears. The initial average (pre red light enforcement system) number of rear end collision at the intersections analyzed was 2.6 collisions per year. After the systems were installed, the rate increased 37% to an average of 3.8 rear end collisions per year (a total increase of 1.2 collisions per year). The collision rate for photo -enforced approaches showed an increase of 62%. Once again, this is a surprising increase. The raw data indicates that the collision rate was 1.0 collisions per year prior to the system and it increased to 1.6 collisions per year. This is an increase of .6 collisions per year. The audit report did not indicate what the average daily traffic flow was at the intersections that were reviewed. The report also went on to say that over the four year of the program, the rear -end collision rate decreased over the second and third year to the point that it was back at the level observed prior to the systems installation. This trend was attributed to the learned behavior of J 14 drivers in the area as they modified their driving to avoid the system. The report also stated that the data fields needed to be larger in order for a more in depth analysis to be conducted to determine what else contributed to this trend. I researched the history of rear -end collision at Washington and SR I I I by using Crossroads. The total number of rear -end collisions at this intersection over the last three years is listed below: Follow To Close 0 Unsafe Start 0 DUI 0 Lane Change 0 Turnip 0 Total 3 Year Unsafe Speed 2003 3 2002 5 0 7 3 1 0 16 2001 7 2 2 1 0 0 12 1 2000 5 0 0 0 3 1 9 Only collisions that were caused by drivers traveling at an unsafe speed or following to close should be considered as an "average" rear -end collision at an intersection. This is due to the fact that those type collisions occur when a vehicle is slowing for or stopped at a red traffic signal. Unsafe start collisions occur after a vehicle has stopped for a red signal and then the signal has changed to green. Generally, a vehicle waiting behind another car, anticipates the first vehicle starting to move and when it doesn't, a collision occurs. DUI collisions are not considered since the drivers are impaired and were previously excluded from the red light collision data mentioned earlier. Turning collisions are also not included as the signal was not a factor in the collision. Using this criterion, the average yearly rear -end collisions that occur at Washington and S.R. 111 over the last four years is 5.5. The chart shows a downward trend in these type collisions over the last two years. The average number of rear -end collision over the last two years is 4 per year. Assuming that the trend observed in San Diego does occur if a system is installed at this intersection, the number of additional collisions over the first year would be about 1-2 depending on which average is used. Conclusions: Red light photo enforcement equipment has proven to be effective at reducing the collision rate at the intersections where they are installed. A surprising additional benefit is the reduction of the overall collision rate for the entire city. This is due to the increased awareness motorists' pay to traffic signals in general to avoid a traffic citation. Current legal challenges to these systems appear to be resolved with the acceptance of AB 1022 and its clarified requirements for their operation. Unfortunately, the system manufacturer's claims about their equipment being able to pay for its self are inaccurate. Audits reveal that only two cities have generated sufficient revenue from the systems to pay for their operation. Local results are similar. Indian Wells Red Light Runner System has never even approached break even since its inception and even with the change to a reduced monthly maintenance fee, the system requires cash expenditures from the city to remain in operation. An additional expense is the time associated with the review/approval of citations and court appearances to testify regarding approved violations. Beta Testing Option: Transol USA has offered La Quinta the option of beta testing their system at two different intersections for a one-year period. During this time, any and all fines collected by red light violations will be paid to Transol with the amount paid not to exceed $5,350 per r, approach to be collected per month. Any monthly shortage (less than $5,350) will remain 15 uncollected and the city will not be required to pay the shortage. After a one-year period, La Quinta would have the option to continue, cancel, or expand the program. Zero Cost Option: Redflex Inc. has agreed to provide red light systems for a set monthly fee. Any monthly shortage (less. than $21,680 or which ever configuration is needed) will remain uncollected and the city will not be required to pay the shortage. Redflex also is willing to only install equipment that is non -roadway intrusive. In order to enforce double left turn movements, an additional system will also have to be installed. This results in the much higher monthly fee as seen in previous tables. 16 ATTACHMENT 2 4 MEMORANDUM TO: Steven Speer, Assistant City Engineer FROM: Nazir Lalani, City Traffic Engineer DATE: April 15, 2004 RE: PROPOSED RED LIGHT AUTOMATED ENFORCEMENT PROGRAM INTRODUCTION The City Council has expressed interest in implementing a Red Light Automated Enforcement Program. Public Works Department staff was requested to research a number of issues related to automated enforcement and this information has been summarized in this report. The following documents were reviewed: • "Guidance for Using Red Light Cameras," USDOT, FHWA, NHTSA, March 2003; • "Status Report". Insurance Institute for Highway Safety, Volume 37, No. 5, May 4, 2002; • City Council Administrative Reports, City of San Buenaventura, December 2002, April 2000 and December 1998; and • Retting, R.A., Ulmer, R., and Williams, A.F., "Prevalence and Characteristics of Red Light Running Crashes in the Unites States", Accident Analysis and Prevention, (31), 1999, pp 687-694. RESPONSES TO QUESTIONS RAISED BY THE CITY COUNCIL The City Council requested that the following issues be researched and included in the information when this item was brought back to the City Council: Count Down Indicators for Remaining Green Time There are no known sources of equipment designed to display to drivers, the amount of green time remaining on approaches to traffic signals. There are "Count Down" indicators which inform pedestrians how much time they have left to cross the street before the light will turn green for the cross street they are crossing. Drivers can see this "Count Down" information and determine the number of seconds that the indication will stay green for that approach to the traffic signal. I 1. 17 National Statistics for Intersection Related Collisions Involving Alcohol Insurance Institute for Highway Safety staff researched fatal red light running crashes occurring nationwide from 1992 to 1996. Out of 2,229 red light running drivers killed in these crashes, 35% had blood alcohol levels, equal to or greater than 0.10%. How Many Cities in the Coachella Valley Currently Have Red Light Camera Programs Indian Wells is the only city in the Coachella Valley using red light cameras for automated enforcement at this time. Which Other Cities in California have Red Light Camera Automated Enforcement System? Thirty-four agencies have implemented red light camera automated enforcement systems. Some of those agencies are listed here: • San Diego • San Francisco • Oxnard • Ventura • El Cajon • Rancho Cucamonga • Los Angeles • Sacramento • Pasadena • Fresno What Kinds of Benefits Have Resulted in Agencies with Long Term Automated Enforcement Programs? Almost all agencies have reported a drop in collisions as well as red light violation citations. For example, the City of Oxnard was one of the first cities in California to implement a red light camera automated enforcement program. Studies conducted by the Insurance Institute for Highway Safety on City of Oxnard collision data indicate 20% fewer crashes and 46% fewer injury crashes that police said involved citations at signalized intersections. The City of Los Angeles was the first City to implement a red light camera automated enforcement system. At two intersections, there was a 92% reduction in red light violations during the first four months of the program. DISCUSSION Other requested information concerning various aspects of red light camera automated enforcement programs has been summarized in this section of the report: Types of Red Light Camera Automated Enforcement System Equipment The three basic camera units available are compared in Table 1: Table 1: Camera Unit Comparison Camera Unit Advantages Disadvantages 35 mm Inexpensive installations; Collection and development of Best resolution. film is necessary Digital Still Images Digital format; Relatively expensive; Ease of use; Needs communication links No film collection or between cameras and development is necessary. processing center; Poorer resolution. Digital Video Provides video clips of alleged High capital cost; violations; Gives impression of Provides circumstances in surveillance; which violations occur; Needs communication links Can incorporate a collision between cameras and avoidance feature. processing center. Experience of Other Agencies Experience to date from agencies using red light camera automated enforcement systems indicates the following: • A public awareness campaign needs to be undertaken before light camera automated enforcement systems are activated. • Warning signs need to be placed on the approaches to any signalized intersection where red light camera automated enforcement systems are present. • Intersections with the highest numbers of right-angle broadside collision are selected as locations to implement light cameras. Some agencies install cameras at location where there is a pattern of vehicles running the red light when making left -turn movements. • Additional intersection lighting is needed in conjunction with the operation of camera units. This is typically provided through flash units synchronized with the camera shutter. • Vehicle detectors are used to trigger the camera to record a vehicle running a red light. Most red light camera systems employ pairs of inductive loops installed near the intersection at a location suitable for showing that a violation has occurred. Most agencies place these detectors immediately in advance of the stop limit line. 325 11 19 The placement of these detectors has to be consistent with the agency's definition of a violation. • For red light systems that document violations with two photographs, the first photographs is taken of the motor vehicle that will be running the red light at a location immediately before it enters the intersection against the red light. The second photograph is taken after the vehicle has entered the intersection at a time interval after the first photograph calculated to provide the best view of the vehicle and its license plate. • The actual installation of red light camera automated enforcement systems and associated costs are typically the responsibility of the vendor that the agency selects for the program. Some agencies are compensating their red light camera system vendors based on a flat fee per location per time period. Compensation should be based on the value of the equipment or the services provided. Experience from other agencies such as the City of Ventura shows that these programs do not generate surplus revenues but generate sufficient funds to recover capital and on -going maintenance/operational costs. • The yellow vehicle change interval must meet the minimum requirements established by the State of California Department of Transportation. • A qualified law enforcement officer must authorize the issuance of citation. Citations should not be created prior to review of appropriate evidentiary material by the designated officer. Legal Challenges to Citations There have been a number of legal challenges to citations since red light camera automated enforcement systems were first implemented in this country. The outcomes of those challenges have been summarized in the FHWA report entitled "Guidance for Using Red Light Cameras". Other Sources of Information There area various sources of information on the internet about light camera automated enforcement systems. The URLs of the most useful sources have been listed in this section of the report: Federal Highway Administration: http://safety.fhwa.dot.gov Insurance Institute for Highway Safety: http://www.highwgysafely.org Institute of Transportation Engineers: htttv://www.ite.org Transportation Research Board: http://trisonline.bts.gov/sundev/search.cfm City of San Diego: http ://www. sandiego. gov/trafficengineering/trafficoperations/redlightphoto/index. shtml City of Los Angles: http://www.lapdonline.org/bldg_safer comms/prevention/other/auto_enf update.htm National Campaign to Stop Red Light Running: http://www.stot)redlightrunning.com/index.htm and http://www.stopredlightmmning.com/ Governors Highway Safety Association: http://www.naghsr.org/html/ghsapolicies.html#redlight 20 RECOMMENDATIONS If the City of La Quinta chooses to implement a light camera automated enforcement system, it will be in the first 100 cities nationwide to do so and the 34t' agency to do so in California. In the event that the City Council chooses to move forward with light camera automated enforcement system, the following recommendations should be considered: 1. The report prepared by FHWA entitled "Guidance for Using Red Light Cameras" should be reviewed. 2. The information contained in the City Council Administrative Reports of the. City of San Buenaventura dated December 2002, April 2000 and December 1998 should also be reviewed. These three reports provide a considerable amount of information about how a Southern California local agency implemented a red light camera automated enforcement system and the modifications that were implemented after the system had been in operation for a number of years. 3. Any implementation of a red light camera automated enforcement system should take into account the collective experience -of public agencies summarized in this report. � v'� ��I�/�. .► MNb�/ W"' � �. � V V W III V i VM iiali�. V{�LYa4l W 11i� Lau Lac6v ATTACHMElU r -3 SUPERIOR COURT OF THE STATE OF CALIFORNIAr In re: Red Light Camera Cases CASE NO. 5 ~DER EXCLUDING EVIDENCE Plaintiff, The People of the State of Cali Defendants. OF SAN DIEGO 75D a, V.John Allen, et al., The prosecution's arguments have not persurnthat-failure e Court to change its ruling. The prosecution relies on People v (1976)59 Cal.App.3d 559 and the cases following it for the proposi to follow the statute only goes to the weight of the evind not to its inadmissibility. As pointed out in People iams (2001) 89 Cal.App.4th 85 at 100, Adams and its progeny were crafted to addr 3 anomalies or occasional errors and innocent lapses in law enforceThey were not meant to provide a means for peace officers and theagencies to ignore clear, easy -to -apply statutory law and administra re rules, for any reason, including budget or personnel constraints. In this case., the failure of the city to o ate the system as required by the legislature, combined with the coating fee paid to Lockheed Martin goes far beyond Adams or any of the cases ch follow Adams. The Court sees no difference between a contingent fe' o a private corporation and a contingent fee paid to an individual. i Therefore, the Court's ruling will stand. TA evidence from the red light cameras will not be admitted. i IS SO ORDERED TED; September 41 2001 sRonald L. Styn Judge of the Superior (Court i I i M i i _ I I i i I "://WWW.Paft&bacom/p•-024%.ht W I r� n 16 22 2/11/2004 ATTACHMENT 4 Assembly Bill No.1022 CHAPTER 511 An act to amend Sections 21455.5, 21455.6, and 21455.7 of the Vehicle Code, relating to vehicles. [Approved by Govemor September 24, 2003. Filed with Secretary of State September 25, 2003.] LEGISLATIVE COUNSEL'S DIGEST AB 1022, Oropeza. Vehicles: automated enforcement systems. (1) Existing law authorizes the limitline, intersection, or other places where a driver is required to stop to be equipped with an automated enforcement system, as defined, if the system meets certain requirements. Existing law limits the authority to operate an automated enforcement system to governmental agencies, in cooperation with law enforcement agencies. This bill would define the term "operate" for purposes of these provisions and would prohibit a contract between a governmental agency and a manufacturer or supplier of automated enforcement equipment from including a provision for the payment or compensation to the manufacturer or supplier based on the number of citations generated, or as a percentage of the revenue generated, as a result of the use of the equipment as authorized under these provisions. The bill would authorize the governmental agency to contract out the operation, as defined, of the system under certain circumstances, except for certain activities that the bill would prohibit from being contracted out to the manufacturer or supplier of the automated enforcement system. The bill would specify that the provisions prohibiting the payment or compensation to the manufacturer or supplier based on the number of citations generated or percentage of revenue generated do not apply to a contract that was entered into by a governmental agency and a manufacturer or supplier of automated enforcement equipment before January 1, 2004, unless that contract is renewed, extended, or amended on or after January 1, 2004. (2) Existing law requires that, at an intersection at which there is an automated enforcement system in operation the minimum yellow light change interval be established in accordance with the Traffic Manual of the Department of Transportation. 93 a 23 Ch. 511 —2— This bill would specify that the minimum yellow light change intervals relating to designated approach speeds provided in that manual are mandatory minimum yellow light intervals. The people of the State of California do enact as follows: SECTION 1. Section 21455.5 of the Vehicle Code is amended to read: 21455.5. (a) The limit line, the intersection, or a place designated in Section 21455, where a driver is required to stop, may be equipped with an automated enforcement system if the governmental agency utilizing the system meets all of the following requirements: (1) Identifies the system by signs that clearly indicate the system's presence and are visible to traffic approaching from all directions, or posts signs at all major entrances to the city, including, at a minimum, freeways, bridges, and state highway routes. (2) If it locates the system at an intersection, and ensures that the system meets the criteria specified in Section 21455.7. (b) Prior to issuing citations under this section, a local jurisdiction utilizing an automated traffic enforcement system shall commence a program to issue only warning notices for 30 days. The local jurisdiction shall also make a public announcement of the automated traffic enforcement system at least 30 days prior to the commencement of the enforcement program. (c) Only - a governmental agency, in cooperation with a law enforcement agency, may operate an automated enforcement system. As used in this subdivision, "operate" includes all of the following activities: (1) Developing uniform guidelines for screening and issuing violations and for the processing and storage of confidential information, and establishing procedures to ensure compliance with those guidelines. (2) Performing administrative functions and day-to-day functions, including, but not limited.to, all of the following: (A) Establishing guidelines for selection of location. (B) Ensuring that the equipment is regularly inspected. (C) Certifying that the equipment is properly installed and calibrated, and is operating properly. (D) Regularly inspecting and maintaining warning signs placed under paragraph (1) of subdivision (a). (E) Overseeing the establishment or change of signal phases and the timing thereof. 93 x 24 — 3 — Ch. 511 (F) Maintaining controls necessary to assure that only those citations that have been reviewed and approved by law enforcement are delivered to violators. (d) The activities listed in subdivision (c) that relate to the operation of the system may be contracted out by the governmental agency, if it maintains overall control and supervision of the system. However, the activities listed in paragraph (1) of, and subparagraphs (A), (D), (E), and (F) of paragraph (2) of, subdivision (c) may not be contracted out to the manufacturer or supplier of the automated enforcement system. (e) (1) Notwithstanding Section 6253 of the Government Code, or any other provision of law, photographic records made by an automated enforcement system shall be confidential, and shall be made available only to governmental agencies and law enforcement agencies and only for the purposes of this article. (2) Confidential information obtained from the Department of Motor Vehicles for the administration or enforcement of this article shall be held confidential, and may not be used for any other purpose. (3) Except for court records described in Section 68152 of the Government Code, the confidential records and information described in paragraphs (1) and (2) may be retained for up to six months from the date the information was first obtained, or until final disposition of the citation, whichever date is later, after which time the information shall be destroyed in a manner that will preserve the confidentiality of any person included in the record or information. (f) Notwithstanding subdivision (d), the registered owner or any individual identified by the registered owner as the driver of the vehicle at the time of the alleged violation shall be permitted to review the photographic evidence of the alleged violation. (g) (1) A contract between a governmental agency and a manufacturer or supplier of automated enforcement equipment may not include provision for the payment or compensation to the manufacturer or supplier based on the number of citations generated, or as a percentage of the revenue generated, as a result of the use of the equipment � authorized under this section. rt (2) paragraph (1) does not apply to a contract that was entered into by a governmental agency and a manufacturer or supplier of automated enforcement equipment before January 1, 2004, unless that contract is renewed, extended, or amended on or after January 1, 2004. SEC. 2. Section 21455.6 of the Vehicle Code is amended to read: ' 21455.6. (a) A city council or county board of supervisors shall conduct a public hearing on the proposed use of an automated enforcement system authorized under Section 21455.5 prior to 93 25 Ch. 511 — 4 — authorizing the city or county to enter into a contract for the use of the system. (b) (1) The activities listed in subdivision (c) of Section 21455.5 that relate to the operation of an automated enforcement system may be contracted out by the city or county, except that the activities listed in paragraph (1) of, and subparagraphs (A), (D), (E), or (F) of paragraph (2) of, subdivision (c) of Section 21455.5 may not be contracted out to the manufacturer or supplier of the automated enforcement system. (2) Paragraph (1) does not apply to a contract that was entered into by a city or county and a manufacturer or supplier of automated enforcement equipment before January 1, 2004, unless that contract is renewed, extended, or amended on or after January 1, 2004. (c) The authorization in Section 21455.5 to use automated enforcement systems does not authorize the use of photo radar for speed enforcement purposes by any jurisdiction. SEC. 3. Section 21455.7 of the Vehicle Code is amended to read: 21455.7. (a) At an intersection at which there is an automated enforcement system in operation, the minimum yellow light change interval shall be established in accordance with the Traffic Manual of the Department of Transportation. (b) For -purposes of subdivision (a), the minimum yellow light change intervals relating to designated approach speeds provided in the Traffic Manual of the Department of Transportation are mandatory minimum yellow light intervals. (c) A yellow light change interval may exceed the minimum interval established pursuant to subdivision (a). N 93 r, �. 26 ATTACHMENT 5 Red Light Camera Programs.,0 Although They Have Contributed to a Reduction in Accidents, Operational Weaknesses Exist at the Local Level July 2002 2001-125 r, 3 ■ SUMMARY Audit Highlights ... Red light cameras have contributed to a reduction of accidents; however, our review of seven local governments found weaknesses in the way they are operating their programs that make them vulnerable to legal challenge. Specifically, we found that the local governments: 0 Need to more rigorously supervise vendors to maintain control of their programs. 0 Do not always follow the best practice of reviewing intersections for engineering problems before installing cameras. 0 All but one would use photographs as evidence in criminal proceedings even though It would appear to conflkt with the law governing the program. Generally follow required time intervals for yellow lights. Of the local governments we visited, only San Diego and Oxnard have generated significant revenue from their red light camera programs. Our review of available data shows that red light accident rates decreased between 3 percent and 21 percent after red light cameras were installed by five of the local governments In our sample. RESULTS IN BRIEF otorists running red lights are a serious traffic problem, and because it is a difficult violation for a police officer to witness and enforce at the time it is committed, the Federal Highway Administration has identified automated enforcement systems --commonly known as red light cameras —as a measure to address the problem. After the California Legislature authorized their use in 1996, several local governments implemented red light cameras at key intersections to improve traffic safety. Local governments use the resulting photographs to identify motorists who drive: through red lights and send them citations. Because of the advanced technology and cost considerations involved, local governments use private vendors to provide red light camera equipment and services. Our review found that accidents related to motorists running red lights have generally decreased where local governments . have employed cameras. However, the seven local governments we reviewed need to make operational improvements to ' maintain .effective control of their programs and comply with,., state law. The law mandates that only a governmental agency, in cooperation with a law enforcement agency, can operate an automated enforcement system but does not include specific requirements for carrying out this mandate. Although the law needs further clarification, we believe that to avoid the legal challenges that have affected the city of San Diego's program, local governments need to rigorously oversee the vendors that provide red light camera services. Further, we could not always determine if local governments addressed engineering improvements to the intersections they chose before installing cameras. Although the most common reason for choosing red light camera sites was traffic safety, four local governments out of the seven in our sample avoided placing cameras at some of the dangerous intersections along state-owned highways. The cities of Fremont, Long Beach, and San Diego anticipated that obtaining state permission would delay their programs and , Los Angeles County indicated it did not consider state-owned highways for its program. Local governments also have differing interpretations concerning the use of photos taken. Most believe they have a legal basis for using them for purposes other than to prosecute red light violations, which appears to conflict with the enabling legislation. These and other operational weaknesses make red light camera programs vulnerable to legal challenge. Despite operational concerns, our review of the available data shows that accidents caused by red light violations usually decrease after the introduction of red light cameras. For five local governments we visited, the number of accidents decreased between 3 percent and 21 percent after implementation of red light cameras, but accidents increased by 5 percent for the sixth. Fremont attributed the increase in accidents to higher traffic volume. Accident statistics were not available for Long Beach as the program is still too new. Statewide collision data indicates a 10 percent drop in accidents caused by motorists running red lights in areas with red light cameras compared to no change in the number of accidents in other areas. Even more telling, after San Diego suspended use of its program in June 2001, accidents caused by red light violations increased citywide by 14 percent, based on the four months of data we were able to obtain. Finally, local governments themselves make little or no profit from their programs. Only two of the programs we reviewed made significant revenues. RECOMMENDATIONS We recommended that local governments take several actions to ensure that they comply with state law for using red light cameras, maintain control over their programs, and minimize the risk for legal challenges. These actions include conducting more rigorous oversight of vendors, establishing shorter periods for destroying certain confidential information, developing added controls to ensure that vendors only mail authorized and approved citations, and periodically inspecting red light camera intersections. Before installing red light cameras, local governments should consider whether engineering measures would improve traffic safety and be more effective in. addressing red light violations. Finally, to avoid overlooking dangerous intersections that are state owned, local governments should diligently pursue the required state approvals, despite any resulting delays to installing their cameras. To remove the ambiguity regarding whether a local government or a vendor is operating a red. light camera system, the Legislature should clarify the law to define which tasks a local government must perform to operate a red light camera program and which 2 tasks can be delegated to'a vendor providing red light camera services. Further, to eliminate ambiguity regarding the admissibility of evidence, the Legislature should consider. clarifying the enabling legislation to state whether photographs taken by red light cameras can be used for other law enforcement purposes. AGENCY COMMENTS Los Angeles County, the cities of Oxnard and San Diego, and the city and county of San Francisco generally agreed with our recommendations and provided some clarifying comments in their responses. Fremont took exception to our analysis of the change in accidents before and after the installation of red light cameras. Long Beach agreed with our recommendations, but its city auditor took issue with the report for including a high-level summary of our findings and recommendations. Finally, the - city of Sacramento disagreed with several of our findings, most notably that it needed added controls to ensure that the vendor does not mail unauthorized citations. ■ 3 336 30 ATTACHMENT 6 Beta Test Proposal to the City. of La Quinta, CA Automated Red Light Photo Enforcement Program Transol Contact Person: Bill Kroske, Ph.D. VP, Transol USA Inc. Tel: (480) 895-1211 Fax: (480) 895-9969 Email: billk@transolgroup.com www.transolgrouo.com Doc ID: 10069R046V1 La Quinta, CA Proposal Issued February 25, 2004, Transol USA Inc ) 7 J 1 I Ar Sol VftF40pr USA Transol USA Inc. 2145 San Carlos Place, Chandler, AZ 85249 Tel: (480) 895-1211 Fax: (480) 895-9969 Email:. usa@transolgroup.com www.transolgroup.com Thursday, April 15, 2004 To: The City of La Quinta, California Re: Release of Confidential Information Attn: Officer Greg Ammons This letter confirms that Transol USA Inc. waves the "Confidentiality Clause" in its sample contract, Proposal and materials provided the City of La Quetta, and understands that information regarding this photo enforcement proposal and agreement will become public information. Sincerely, tlQrc�,w William Kroske, Vice President Transol USA Inc. 32 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA � of STATEMENT OF CONFIDENTIALITY AND COPYRIGHT The beta test proposal is submitted as Confidential between the La Quinta, CA ('the City') and Transol USA Inc ('Transol'). The document is © Copyright 2004 of Transol and may not be reproduced, copied, transmitted or disclosed, in whole or in part without the express, written, permission of Transol. Doc ID: 10069RO46V1 La Quinta, CA Proposal r 3 ©COPYRIGHT TRANSOL 20" jrJ " 33 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA Trdwsaf 411114 a" TABLE OF CONTENTS 1 BETA PROPOSAL & SUMMARY OF SERVICES 2 PROPOSED TECHNOLOGIES AND SERVICES 2.1 RI-RLCTM digital red light camera systems 2.1.1 RI-RLCTM red light camera operations 2.2 TRANSOL-VPTM VIOLATION processing 2.2.1 TRANSOL-VPTM system operation 2.2.2 Police Authorization 2.2.3 Notice Printing 2.2.4 `As needed' 24 X 7 Program Reporting 2.2.5 Courts Evidence and Services 2.3 Community education/ services 2.4 Training services 3 PROGRAM EXPERTISE 3.1 Introducing the Transol group 3.1.1 Photo enforcement leadership since 1989 3.2 Transol contract references 3.3 Program Team Members 4 PROGRAM IMPLEMENTATION 4.1 Project Services Team 4.2 Implementation Milestones 5 TRANSOL BENEFITS TO THE CITY 6 BETA TEST PRICING PROPOSAL LEASE FEES 6.1 Explanatory notes 6.2 Per Approach System Leasing 6.3 Flexible Contract 6.3.1 Transol Beta Test Warranty Doc ID: 10069RO46V1 La Quinta, CA Proposal ©COPYRIGHT TRANSOL 2004 1 n 4 5 6 7 8 9 10 10 11 12 14 14 15 15 17 22 22 22 24 26 26 26 27 27 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA 416 1 1 1 1 1 1 1 1 1 6.3.2 The Contract Term 6.3.3 Adding additional approaches/lanes per approach 6.4 Final Note APPENDIX 1: SAMPLE VIOLATION PHOTOS APPENDIX 2: CERTIFICATES OF INSURANCE Doc ID: 10069R046V1 La Quinta, CA Proposal ©COPYRIGHT TRANSOL 2004 27 27 27 28 29 iii 3 4 1 .. 35 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA sr�ooRr� I BETA PROPOSAL SUMMARY OF SERVICES Transol's Program Solution integrates our latest, Year 2003/2004 digital camera and secured citation -processing technologies. Consistent with the City's interest in achieving a "complete turnkey, red Light enforcement program," but understanding that this is a new City initiative, we propose a Beta Test period that protects the City against deficit spending risk and demonstrates our capability to delivers all require program services and technologies including: • Program design and scoping in co- operation with the City's Police, Engineering and Transportation, and Finance Departments, and the Streets and Traffic Division, together with. the local Courts. One-year Beta Test evaluation period during which fees charged by Transol will not exceed program revenues to the City. Recognizing the City's interest in evaluating the program, Transol will install its RI-RLCT" cameras at a minimum of four (4) approaches and provide all support services during the Beta Period for a fixed lease fee. The City will incur no program establishment costs. At the end of the Beta period the program will continue for a further four years (i.e. a 5 year contract period). At the end of the Beta period, or at, each anniversary date of the contract signing, the City will have the option to terminate the program if: 1. Average program revenues are less than the lease fees 2. Transol does not meet performance and service criteria as stated in the Agreement. The offer gives the City the opportunity to be completely satisfied with the key operating advantages of Transol's unique technical and service solution before expanding its program. • Camera site selection. Transol Engineers will work with the City's PD and Traffic Engineering, to select the optimal sites for Figure 1:. Transol RI-RLCTm rear -shot Scene and Plate cameras Doc ID: 10069R046V1 La Quinta, CA Proposal e) 1 ©COPYRIGHT TRANSOL 2004 `J 36 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA 49 nro►is�,a�Nr program installations. Selection will evaluate traffic flow and accident data at candidate intersections, as well as the feasibility of alternative City initiatives including conventional PD enforcement or additional site engineering measures. ■ Supply, installation, operation and maintenance of Transol RI-RLCTm dual camera systems. The system's non -intrusive technologies: ➢ Avoid unnecessary damage to City streets by eliminating in -ground loops ➢ Minimize disruption to traffic and pedestrians by simplifying construction works ➢ Allow immediate, remote system support and.the option of emergency intersection monitoring with remote 'viewing' through installed cameras ➢ Support relocation of installed systems if needed and/or progressive program expansion at the City's discretion. ➢ Use to -lux imaging to capture comprehensive pictorial records of violation events over 24 hours (without needing 'white -light' flash systems). ■ Recommend street signage placement to meet State requirements. ■ Subcontract a licensed electrical contractor for site installation works, and to provide first -level maintenance service and site inspections. The first program will be fully installed and operating with Warning Letter issuance by July 1, 2004 (with timely city approval of permits). ■ Deliver complete citation processing services using Transol's secure, Web -enabled Transol-VPTM processing system to print and mail Warning Letters, Notices and Summons on the City approved format. This technology gives authorized City personnel and Police 24 X 7 access from any i nternet-ena bled PC for reports/inquiries and/or notice authorization as desired. User passwords and robust security insure access at onl the appropriate level of authority for each individual. All transactions on the system are automatically tracked to provide a complete electronic Audit Trail (superior to the hand -logged Chain of Evidence that is necessary with older film -based systems). ■ Operation of a 30-day Warning Letter phase to give the local community a 'grace period' during which they become familiar with Program's safety rational and operations. Supply of public awareness and education services to build community awareness, acceptance and compliance. With our own expert, in-house multimedia team, Transol is uniquely positioned to enhance the City's ongoing traffic safety education programs. F Figure 2: Transol's multimedia team works with the City to create high quality community education materials. Doc ID: 10069R046V1 La Quinta, CA Proposal 7 3 ©COPYRIGHT TRANSOL 2004 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA Transol will offer a model public education strategy for customization by the City/ Police Public Information Officer and will supply a comprehensive range of program support materials for optional use. Draft materials will include sample Media Releases, Web -site text and images and prepared editorials for City Newsletters for City customization. • Delivery of expert training and support services to key City Police and Courts personnel drawing on Transol's 13-year background as an expert multimedia education services unit of the Victoria University of Technology. • Generation of Courts Evidence Packages via Internet enabled PCs in the Courts from simple drop -down click menus. Packages (including multiple images sets for the entire violation sequence) may be displayed in court to give the complete context.of violation and/or supplied as high quality printed materials. ■ Provide Expert Witness testimony services if required and support processes for the adoption of Judicial Notice. • Ongoing City Support Services through Claire Hunter, V.P. Operations and Bill Kroske, V.P. Business. Development out expert engineering teams. Doc ID: 10069RO46V1 La Quinta, CA Proposal 3 OCOPYRIGHT TRANSOL 2004 i 38 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA A* Tremso It 2 PROPOSED TECHNOLOGIES AND SERVICES 2.1 RI-RLCTm DIGITAL RED. LIGHT CAMERA SYSTEMS Transol's unique digital traffic cameras are the product of the company's Year 2002-2003 R&D that was tasked with overcoming known operating and technical risks of earlier film and 'first generation' digital traffic cameras. The resulting RI-RLCT1 systems take full advantage of digital imaging technology to capture sequences of high quality `still' images for each violation that substantiate the complete violation event. Critically important license plate and face images are captured at optimal focus for successful plate 'reads' and driver ID. Back-up images in the plate series and face series for each violation give additional evidence if required. For example, if plate characters are partially obscured by a bike - rack in one image, they can be read from other, un-obscured, images in the plate series for that event. Finally unique detection software (that ID's the traffic signal phase and vehicle presence in the intersection during 'red') eliminates the requirement to connect to traffic signal controller or cut into the road to install in -ground sensors or loops. Key operating advantages are thus: ■ Non -intrusive signal and violation detection ■ 30 frames per second, continuous, imaging (compared to rates that can be as low as two (2) frames per second) Residual Imaging (Transol's 'RI' patent) that gives the ability to retain series of multiple 'still' violation images (providing objective eye witness to each red light running/turning violation) and discards irrelevant images. The 'scene' image sequence starts as the vehicle approaches the stop -bar and documents its progress across and out of the intersection. High image quality means that license plate characters and driver facial characteristics are clearly visible in successive frames. Evidence is conclusive. Ticketing is fair. ■ Lo-lux imaging allows effective imaging 24 X 7 in ambient light conditions of 0.05lux or higher without white -light `flash' that could potentially distract drivers. Figure 3: Transol's RI- RLCTm (residual Imaging) cameras document the complete violation event. 4 images selected from the 40-image `Scene Set'. Integrated GPS systems that provide independently sourced, accurate time, date and location data that is stamped onto each record and shown on the databar. Doc ID: 10069R046V1 La Quinta, CA Proposal 4 ©COPYRIGHT TRANSOL 2004 345 �K CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA d* off- � ~ 2.1.1 RI-RLCTm red light camera operations Figure 4: Transol RI-RLCTm dual camera system installation (not to scale) ■ Transol's red light camera installation use small, aesthetically discreet cameras to minimize negative site impacts. Camera processors and the site controller are located separately from the cameras to improve security and allow camera housings that are just a fraction of the size of a conventional camera 'box'. ■ Non -intrusive phase detection systems detect and notify the start and end of each signal phase (R) to the rest of the system technologies (without connecting into the traffic signal controller). ■ Vehicle movement into the intersection is detected by a lane -specific vehicle detection system (V) that continuously monitors along the length of the stop bar perpendicular to the direction of travel. Any such movement detected during the 'red' phase constitutes a, potential red light violation and is immediately notified to the site Controller. ■ A Scene Camera (S) is focused across the whole intersection in the direction of travel. It acquires a sequence of Scene Images for each potential violation - including the image of the vehicle before the stopbar after the signal is 'red' and the image of the vehicle inside the intersection that are printed to the Notice. • The Lane Camera (L) records a similar series of images of the rear of the vehicle to give the multiple -plate image set. The best license plate image is printed to the Notice. Doc ID: 10069R046V1 La Quinta, CA Proposal 5 346 OCOPYRIGHT TRANSOL 2004 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA 41114 TV4M ~ ■ A Face Camera (F) located across the intersection records another series of images of the front of the oncoming vehicle that provides the driver's face image that is printed to the Notice. ■ Stamp each recorded image with GPS-derived time and location details ■ Attach a databar (or data block) to each violation image to display captured violation data eg time, date, location, lane, signal phase, `time into red' of the event etc. The databar is configurable to City requirements. Figure 5: Sample of databox that is embedded onto the base of each violation image. Contents and design are configurable to specific City requirements. • Use unobtrusive near -red illumination to optimize face image quality and avoid the risk of visible -flash induced litigation. • Encrypt all images and data to protect primary evidence against tampering. ■ Communicate encrypted evidence for centralized storage and processing. ■ Allow remote access into the system so that authorized Police/City/Transol maintenance personnel can check system functionality/view through cameras in the intersection. Note: local, Transol-trained Technicians perform regular site checks and provide first -level field maintenance services. Detailed Technical Service and Maintenance logs are completed and retained for use as evidence by the Court. 2.2 TRANSOL-VPTM VIOLATION PROCESSING The TRANSOL-VPTM Violation Processing system is a secure, Web -enabled, processing solution that delivers all required violation processing functionality i.e.: • First -level review of stored images and data for violations • Violation verification and license plate entry (or rejection with rejection reason tracking) ■ Automated DMV look -up function to obtain registered vehicle owner information Figure 6: Transol-VPTm provides all required processing functionality. Doc ID: 10069R046V1 La Quinta, CA Proposal 6 ©COPYRIGHT TRANSOL 2004 347 41 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA 44 • Optional second -level DMV verification for Quality Assurance purposes ■ Police Authorization of verified events prior to Notice issuance • Allocation of unique citation numbers to Citations Citation production for full color printing (recommended) ■ Payments tracking ■ Enquiries tracking ■ Production of Courts Evidence packages • Comprehensive Reports (Standard and User -Specified). Authorized users (whether assigned City/ Police/ Courts personnel or certified Transol Processing Operators) have 24 X7 access from any Internet -enabled computer using their own, security controlled Internet connection. Figure 7: Notices may display full color images on City approved format. The application is completely secure and uses robust user management and Internet security protocols. Designed for easy, intuitive navigation by users who may have limited prior computer knowledge, Transol-VPTM features user-friendly screen interfaces and menu -driven operations. 2.2.1 TRANSOL-VPTm system operation For the City's Program, Transol's Data Center will regularly, automatically, poll each installed camera system and download violation images and records via a secure Internet connection. Events (violation images and data) captured by the each of installed camera systems will be automatically uploaded to TRANSOL-VPTm and displayed onscreen ready for processing. Scene, face and plate images for each alleged violation will be reviewed by a trained, certified Transol Operator. Transol's unique 'lookdown' Stopbar Confirmation image provides additional validation if required. Operators accept only those violations that meet CA Code and City business rules (requiring clear face images and license plate characters to be identifiable). License plate details are entered at this stage. 'Accepted' events are reclassified as Incidents by the Operator and queued through for Police Authorization. 3�$ Doc ID: 10069R046V1 La Quinta, CA Proposal ©COPYRIGHT TRANSOL 2004 42 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA 49 Tirmlaw Scroll slider Scroll slider Figure 8: Operators `scroll' the multiple -image Scene Set to select optimal pre-stopbar and mid intersection images that `prove' the violation. Verified violation events (containing the registration number of the vehicle) are batched for automatic DMV look -up. This can be carried out either by direct access by Transol to the DMV or by batched automatic lookups that are performed in background by the Authorizing Officer's computer just prior to the Police Authorization session. Transol will discuss the most appropriate approach with the City. All relevant information is then available for review by the Police Authorizing Officer. 2.2.2 Police Authorization Assigned Police Officers may review evidence for all 'verified/approved' events 24X7. as convenient to their schedule. They simply login on any computer with Internet access using their unique ID (that automatically defines their level of 'user' authority) to the view violation images, data and records via. Authorizing Officers are able to: ■ Securely log into the application using their assigned user name and password ■ Immediately access all prepared violations that are queued Doc ID: 10069RO46V1 La Quinta, CA Proposal ©COPYRIGHT TRANSOL 2004 �e79 8 43 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA for review. • Review all evidence for each. proposed violation onscreen. The screen automatically displays the Scene 'A' and Scene 'B' images, the stopbar "confirmation image, the optimal license plate image, and the selected driver's face image together with all required DMV information. ■ Single `click' to accept, hold or reject the violation (recording rejection reasons from pre-set drop - down menu of reasons) ■ Enlarge any of the scene, lane (plate) or face images (again with a 'single click') • Optionally, scroll through (the supporting) multiple -image set images for each displayed image to confirm legal compliance before authorizing. ■ Embed and electronically 'signature' to the Notice (if desired). Authorizing Officers may also: ■ Review events on 'Hold' Figure 9 (above): vehicle detection cameras capture unique `look -down' views along the length of the stopbar to confirm the violation. • Review events where DMV data cannot be sourced (for alternative search purposes) ■ View an individual violation record (according to its unique case number), or ■ Review multiple violation records (i.e. search and sort by their unique case number/date ranges etc) • Request Standard/User defined system reports 24X7. 2.2.3 Notice Printing When Police Authorization is complete, Transol will generate a print file for printing and mailing of Warning Letters (during the first 30 days of Program operations and Citation notices The format of Warning Letters and Notices is customized to State requirements and will display two scene images with the red signal head clearly showing, the license plate image and the driver's face image as well as payment instructions etc. No passenger images will be visible. Doc ID: 10069RO46V1 La Quinta, CA Proposal 9 J J ©COPYRIGHT TRANSOL 2004 44 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA Notices are mailed with return envelopes and automatically generated Certificates of Mailing record all mailing details. 2.2.4 'As needed' 24 X T Program Reporting During program implementation, the City's requirements for system reporting will be scoped. Any authorized City user will be able to access Reports 24 x 7 via their secured Internet access (instead of having to request issue from the vendor and' waiting). Standard Reports may contain information on total system performance (and breakdown by each camera location) including: • The total number of violations recorded for the month ■ The number of Letters/Notices of Violation issued, the number of Letters/Notices of Violation not issued ■ Break down by reason for non -issuance ■ Payments records ■ Violation (case) status • The number of camera operating hours, etc. 2.2.5 Courts Evidence and Services Authorized Courts personnel access the Transol-VPTM system with easy -to -use drop down menus to: Update collections records ■ Generate Summons • Request Reports, and ■ Generate Courts Evidence Packages. - Courts Evidence Packages are generated using Transol-VPTM - either by Transol or by Courts personnel at the City's discretion. Packages may comprise sets of printed documents or may be displayed on the Courts computer. They may comprise: ■ (At least) two full -color, full-size `scene' violation images, showing the violating vehicle just prior to entering the intersection during the red light phase, and a second image depicting the same vehicle to confirm the violation under law. Embedded Databars document all violation details. ■ Optionally, a set of additional scene images to provide complete context for the violation. Doc ID: 10069RO46VI La Quinta, CA Proposal 10 ©COPYRIGHT TRANSOL 2004 45 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA 1 ■ The 'lane image' (with full databar details) and enlarged license -plate image (or images). ■ A 'zoomed -in' driver's -face image (or images). ■ Complete violation data comprising the data transmittal sheets. ■ Statement of Technology describing the camera system's operation. • Electronic Audit Log that records every event and access in the life of evidence from its point of capture onwards (and so supersedes the conventional film -camera 'Chain of Custody') ■ Certificate of Mailing. • Maintenance logs. • Other information as defined in consultation with the City and Courts includingcorrespondence regarding the P 9 9 violation. Courts testimony: Transol will provide expert training for City Police officers so that they can testify as to the operation of program technologies. On request Transol will supply Expert Witnesses also to testify on the various detection, imaging and processing technologies and facilitate implementation of Judicial Notice (if desired by the City). O'TKioni.w: 01- s "d"� ati«Y.r asq.i�wlrfli-, w �Ye.As'z +4!91f 7A room W 41 ..bans" X"* %.w W* *VAW ,* � 9ili � :' •.«.rrr r.ps�i e�-�-�b:cr�nlr l.+.w r: �1r $.w�r'+.r i�wr+ f. pr.� "brew Rw.w a*Mr+R-srw way �+iyMileelYr,+KKnetl�lw;iirY*./°y1er.�di."�►.I�IW♦.iYYYY't:lMMtrisotsM'ye'.+�icY� �s'MYfM4'-�wNYCH�s r ierwt�+e%s r..,diAt,r N r►,s :':aw.�ia wey.ear it wrrsyrs i �wrws wii.�er hrzs6. ws.�,rrwt++s=%h..ywr.r+r• As A� wia:"erriilYY #bNtilr5r1e34a ss'ii�YrrY � � �w Yest� M.wtC lWr.NYi1 id9jp p6t Ma' iR'rlit WMeMI►ii�t w x "K-W onas- VK ,+-*fit"' P*n *w *a. 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R Aiapra+ ae a ftftw 2.3 COMMUNITY EDUCATION/ SERVICES Figure 10: A Statement of Technology is available for courts and for community awareness Transol well understands the importance of high quality public information programs to educate and reinforce local community understanding of the Program's safety rationale. Such programs have been found to generate continued public support for photo enforcement at around 80 percent or higher. Accordingly, Transol will provide a range of community awareness master materials ' for the City's customization and use. Masters will be refined after discussion with City officials to establish the C.ity's preferred Program Spokesperson(s), its usual public information strategies and vehicles, and to Doc ID: 10069RO46V1 La Quinta, CA Proposal 11 ©COPYRIGHT TRANSOL 2004 46 1 F 1 d CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA research any City/Police traffic or accident data. that can be incorporated to localize and strengthen the impact of the campaign. Master materials for use by the City may include: • A series of draft Media Releases that are prepared to publicize program milestones eg Contract Award, Installation Commencement, Start of a Warning Letter "Grace Period" (if desired) and the onset of Notice Issuance • Media Information Kits including a ' description of Program technologies; public safety research findings; sample Letter/Notice formats; sample violation images; list of installations to be monitored etc. ■ Editorial content and images for City_ Newsletters, City mailers e.g. water bills • City Web site materials ' ■ Sample Artwork for cable television slides promotional p , products etc. ' ■ Sample Public service announcements (radio and television) ' Transol's own Multimedia team (comprising expert writers, graphical designers and multimedia producers) develops these materials. The team's multiple national AIMIA1 interactive multimedia awards confirm its professional capability. ace for ©Transol Multimedia 2003 ■ Figure 11: program logos are designed by Transol's award - winning multimedia services 2.4 TRAINING SERVICES team. Transol Corporation is an expert provider of training materials and services (with Transol Multimedia operating from 1987 until September 2001 as a business service unit of the Victoria University of Technology). The group's expertise is applied to develop high quality training programs and resource materials. Training for City Officers and personnel will be delivered by expert Transol Trainers who are familiar with the program technologies and the results of similar, successful programs in other jurisdictions. 1 Australian Interactive Multimedia Industry awards (national multimedia industry citation). n Doc ID: 10069R046V1 La Quinta, CA Proposal 12 ©COPYRIGHT TRANSOL 2004 47 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA Customized training programs will be supplied for the following groups of City personnel as follows: • Police: assigned Police Officers will be offered a one (1) day training program to ' familiarize them with Program technologies so that they may authorize violation events and testify in Court as to system operations if required. Training on the Transol-VPTM processing technology will cover: ➢ System access and security ➢ Overview of violation processing operations (by approved Transol Operators) ➢ Use of the Police Authorization functions Reports generation ➢ Ad -hoc (case) inquiries. ■ Judges: will be offered a customized program to enable informed consideration of ' violation evidence against the requirements of state law. The program will cover: ➢ Program rationale and public safety objectives ➢ Program camera and processing technologies ➢ Electronic Audit Trail data (equivalent to 'Chain of evidence'), security of primary evidence and system quality assurance provisions ➢ Secure Web -enabled Courts display of violation files and records. ■ Courts Officers: will be offered a 1 day training program to familiarize them with the operation of the Transol-VPTM processing solution, and specifically with the functions directly relevant to their role i.e.: ➢ Payments updates ➢ Court Evidence Packages ➢ Reports generation and ad -hoc (case) inquiries ➢ Summons requests. ■ Optionally City Public Information personnel may attend any/all of the scheduled training sessions to facilitate their delivery of public information on the Program's operations (using Transol supplied masters as a base for City customization). • Detailed User Manuals support the programs. 35 Doc ID: 10069R046V1 La Quinta, CA Proposal 13 ©COPYRIGHT TRANSOL 2004 48 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA 3 PROGRAM EXPERTISE 3.1 INTRODUCING THE TRANSOL GROUP Transol is a specialist developer, integrator and operator of advanced traffic safety technologies. It was created to bring innovative systems into the areas of photo enforcement and other safety related programs. The Group's core technologies capitalize expertise and experience in Leading photo enforcement, multimedia and Internet projects. Rob Ciolli, Group CEO and President Transol USA, Inc., is a pioneer of digital photo enforcement in the U.S.A. His first USA project in 1989 involved trial of traffic camera applications for heavy vehicle monitoring for DOT Oregon. In 1998, as (then) CEO Redflex Traffic Systems, Inc., he was invited by the Federal Highways Authority to participate in its inaugural U.S. trial of digital red light cameras. Rob is also an experienced USA photo enforcement program technology provider and operator having worked with city programs in AZ, CA, CO, OH and OR since 1996. Transol's innovative 'residual -imaging' traffic camera and Internet -based processing technologies reflect his lengthy industry involvement. They are purpose-built to address known client preferences and overcome performance limitations that he has experienced with earlier -version camera and processing systems. The Group's major automated driver license testing systems (CLTNet@) projects have supplied driver license testing solutions for state transportation authorities (with individual projects integrating more than 400 test kiosks on statewide WAN/LANs serving populations of some 4 million people each). The Transol Group of companies is headed by the publicly listed Transol Corporation Ltd (ACN 089 224 402). Transol USA Inc (EIN 81-0553053) was incorporated in Nevada in May 2002. Transol's CA Customer Service Center (being implemented in LA) and central 1 Data Center (in Phoenix, AZ) support its photo enforcement contract operations. Key Business Partnerships and Alliances Transol's key business partnerships and alliances include: ■ IBM Business Partner - enable high performance hardware and network solutions ■ Laser Technology Inc - enables joint R&D and project collaboration for advanced imaging, laser speed detection and enforcement. processing projects ■ Philips Professional DVD Partner - enables advanced DVD development and hardware solutions ■ Macromedia Alliance Partner - supports Internet driven database and Web site content management projects. Doc ID: 10069RO46V1 La Quinta, CA Proposal OCOPYRIGHT TRANSOL 2004 a WM rw"M CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA 3.1.1 Photo enforcement leadership since 1989 Transol's photo enforcement expertise derives from the extensive program experience of its key personnel and leading consultants. Rob Ciolli, Transol USA's President, has worked with world leading photo enforcement programs over the past 15 years. Transol's key executives and consultants have more than 60 years photo enforcement experience worldwide. • Rob Ciolli's involvement in photo enforcement programs began in 1989 when he developed the high -volume automated processing technologies that enabled issue of some 3000 citations weekly from the Victoria Police (state-wide) Traffic Camera Office in Australia. With some 35 red light cameras and 54 mobile speed units, this world best - practice' program definitively established the importance of consistent camera operations to improve public safety. Rob founded Redflex Traffic Systems in 1996, was CEO of that group to 2001 and is a registered co -inventor of several of its technologies. Rob Ciolli's key technical achievements include: ■ 1990: Inventor, Iconix image processing systems to digitize film -camera images for high -volume violation processing (since applied in leading traffic processing centers world-wide). ■ 1997: Inventor, Redflex SMARTcam digital red light and speed traffic camera technologies. ■ 1999: Inventor, Redflex' 'centralized digital image processing' allowing violation data to be communicated remotely from cameras into a centralized images and processing facility. ■ 2001: Inventor, Transol's RITM (Residual Imaging) red light and speed camera systems. ■ 2003: Inventor, Transol-VPTM fully Internet -enabled violation processing systems. 3.2 TRANSOL CONTRACT REFERENCES ■ STOPforSAFETY Red Light Camera Program for the City of Northglenn, CO. 3 Year Term contract for supply, installation, operation, maintenance and upgrades of dual RI-RLC red light camera systems and processing services for the (rear and face) imaging City. 24-hour Internet -enabled Police Authorization, City case inquiries and City access to system reports. Program Manager: Sgt Jim May, TEL: (303) 450-8967 EMAIL: JMay northglenn.orQ Status: operating from July 2003 with progressive system upgrades ■ Red Light Camera Program for the City of Whittier, CA. 5 Year Term contract for supply, installation, operation, maintenance and upgrades of dual (rear and face) imaging RI-RLC red light camera systems and processing services for the City. 24-hour Internet - enabled Police Authorization, City case inquiries and City access to system reports. Director: Lt Wyatt Powell, TEL: (562) 945-8256 EMAIL: wpowell(a)whittierch.orQ E Doc ID: 10069R046V1 La Quinta, CA Proposal ©COPYRIGHT TRANSOL 2004 �J 1 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA 44 off-Ewwwaw Program Manager: Sgt. Dan. Lowe, TEL: (562) 945-8256, EMAIL: d1oweCowhittierch.ora Status: Warning Letter phase commenced February 2004 Technology Evaluation Phase: Phase 2 Red light camera program, City of Baltimore, MD. RFP Bid Manager: Mike Krupnick, MSEE, MBA, CPPB, Baltimore City Department of Finance. TEL: 410) 396-9538 EMAIL: Michael.Krupnik@baltimorecity.gov Status: Completed/ Winner Technical Evaluation Phase. October -December 2003 technology demonstration to the City requiring installation of a rear -shot digital red light camera system to monitor four lanes (two straight and two left -turn lanes) within 30 days of city notification, and operation of the system for two weeks to demonstrate effectiveness of the Transol-VP processing system including generating sample Not and System Reports. Red Light Camera Program, City of Berkeley, CA. 5 Year Term contract for supply, installation, operation, maintenance and upgrades of dual (rear and face) imaging RI-RLC red light camera systems and processing services for the City. 24-hour Internet -enabled Police Authorization, City case inquiries and City access to system reports. Program Director: Peter Hillier, Asst. City Manager, Office of Transportation, TEL: (510) 981-7010, EMAIL: phillier@ci.berkeley.ca.us Program Manager: Hamid Mostowfi, TEL: (510) 981-6403, EMAIL: hmostowfi ci.berkeley.ca.us Status: Contract award December 20031 implementation planning underway. Full operation scheduled for April 2004. Red Light Camera Program, City of Santa Fe Springs, CA. 5 Year Term contract for supply, installation, operation, maintenance and upgrades of dual (rear and face) imaging RI-RLC red light camera systems and processing services for the City. 24-hour Internet - enabled Police Authorization, City case inquiries and City access to system reports. Program Manager: Fernando Tarin, TEL: (562) 409-1850, EMAIL: Ferifesgrinas.or4 Status: Contract award December 2003, implementation planning underway. Full operation scheduled for April 2004. Red Light Camera Program, City of Roseville, CA. 5 Year Term contract for supply, installation, operation, maintenance and upgrades of dual (rear and face) imaging RI-RLC red light camera systems and processing services for the City. 24-hour Internet -enabled Police Authorization, City case inquiries and City access to system reports. Program Director: Chief Joel Neves, TEL: (916) 774-5010, EMAIL: ineves roseville.ca.us Police Department: Mike Allison, TEL: (916) 774 5043, EMAIL: malliso.n@)roseville.ca.us Status: Contract award December 2003, implementation planning underway. Full operation scheduled for April 2004. Red light camera program, City of Davenport, Iowa. 5 Year Term contract (in execution at time of this submittal) for supply, installation, operation, maintenance and upgrades of rear -shot imaging RI-RLC red light camera systems and processing services for the City. 24-hour Internet -enabled Police Authorization, City case inquiries and City access to system reports. Program Director: Lt Michael Venema, TEL: 563-326-6199 EMAIL: p8202@ci.davenport.ia.us Doc ID: 10069R046V1 La Quinta, CA Proposal ©COPYRIGHT TRANSOL 2004 16 1 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA 1 Status: contract execution scheduled for end January 2004. Program operation scheduled for June 2004 ■ Information on Transol's international contracts may be obtained from www.transolgroup.com/Public Announcements. Contract details and additional entity references for Rob Ciolli's earlier USA program experience from 1996 2001 will be supplied on request to info c transolgroup.com. 3.3 PROGRAM TEAM MEMBERS Transol's technical solution for the County will be supplied by a project team with more than 60 years of practical experience in traffic law enforcement and photo enforcement program operations. ROB CIOLLI, GROUP CEO AND PRESIDENT EducadoNTraining B Marketing Photo enforcement World -leading photo enforcement and digital traffic law enforcement projects since 1988 in Industry experience: Australia, Canada, the USA (various states and cities) and Bahrain. 15 years Project role Program Director Major projects record Rob CkA, CEO, fomred Transol -in 2001 in partnership with Bronwen Coulstock, VP Communications and is an acknowledge world leader in the development of automated photo enforcement technologies and solutions. He is the inventor of the patented Transol RI-RLCTM, RI-FSCTM and RI-MSCTM digital camera systems and Transol-VPTM violation processing technologies. His involvement in applying advanced image computing technologies for traffic law enforcement dates from 1989 when, with the CSIRO, Telecom and the RTA, NSW, he was a technology supplier to the SAFE-T-CAM heavy vehicle monitoring system - Australia's first digital traffic camera project. The project was awarded a Commonwealth of Australia A Innovation in Technology Award (1989). In 1989 he was also invited to supply a trial digital camera technologies for a heavy vehide- monitoring project by DOT Oregon. In 1989 he was awarded the NCS subcontract to supply image -processing systems for the inaugural Victoria Police Traffic Camera Office (to process infringements generated by 35 film -based red light cameras and 54 film -based speed cameras). In 1995 Rob founded Redflex Traffic Systems (Australia) and Redflex Traffic Systems, Inc. (USA) in 1998. He pioneered the introduction of all -digital photo enforcement in the USA — initially in the Federal Highways Authority project in 1999 in Howard County Maryland — and is the co - inventor of many Redflex's core photo enforcement and digital traffic camera systems. He also managed the implementation and operation of the company's red light and/or speed photo enforcement operating contracts for 11 USA cKles/counties; and product sales into for the Province of British Columbia, Canada; and for the Kingdom of Bahrain. Doc ID: 10069R046V1 La Quinta, CA Proposal ©COPYRIGHT TRANSOL 2004 - 17J J 52 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA WILLIAM (BILL) KROSKE, Ph.D., VP BUSINESS DEVELOPMENT Photo enforcement 35 years in building businesses and in designing client and business support systems Industry experience: 4 years Project role Bill is responsible for Transol USA sales and marketing division, liaison to active accounts, and ' managing the US Corporate office and processing center(s). For each awarded contract, Bill acts as the customer advocate to the company's technical development teams so as to ensure dose effective customer service delivery. Professional background With Transol Bill has established the company's Processing Center in Phoenix AZ and has secured photo enforcement contracts in CA, CO and 1A. He also represents Transol in key industry events and consultations, including the current DOT NHTSA Intersection Safety Systems Performance Specifications (draft consultation process ongoing). Bill's key business achievements include: ■ Award and customer support for Transol's existing City projects in CA, CO and IA (with additional pending projects), and previously, ■ Founders group of the Century 21 Real Estate Corp. • Founder DIAL ONE International, Inc. - 21 states and in five countries • ISO Representative working with private sector clients to meet ISO certification. CLAIRE HUNTER: VP OPERATIONS Education and Master of Business Administration (completing) — RMIT University Training Dip. Frontline Management — Swinbume University Photo enforcement 6 years Photo Enforcement Program/Services management industry experience: 4 years Quality Systems management 6 years Role in project As Transol's VP Operations Claire is responsible for the execution and. operation of awarded contracts including project scoping and requirements analysis, scheduling of Transol and subcontractors and management of implementation and testing programs. Key project record Claire has superlative practical experience in implementing and managing photo enforcement programs in the USA and Australia and has managed Transol contract implementations for cities in CA and IA. Before joining Transol she was Photo Enforcement Business Analyst for Redflex Traffic Systems between 2000 and 2003. Her major tasks during this period included: ■ Client representative for Redflex's largest customer (State of Victoria, Australia 'Compliance Victoria' TCO processing 6000 violations weekly) see below for LMT ■ Coordination of the on -site software development team assigned to Redflex Scottsdale Processing Center during the upgrade of its processing center. ■ Managing a range of processing upgrades to enable client contrails: o Analysis and reporting on camera faults o Development of Processing Operator Guidelines o System enhancements to improve ticket processing turnaround time. • Business requirements analysis for processing implementation for various City contracts in Arizona, Califomia, Ohio, Oregon and North Carolina ■ Product specification documents and writing User Manuals. ■ Systems testing management (processing and mobile speed camera systems) ■ Delivery of client training to Police and Courts personnel. Earlier she was the Verifications Manager for the 'Compliance Victoria' Traffic Camera Office for the State-wide network with (then) some 34 red light cameras and 55 mobile speed cameras (generating 6000 violation events weekly) for citation and payments management. 8 Doc ID: 10069R046V1 La Quinta, CA Proposal OCOPYRIGHT TRANSOL 2004 53 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA 44 if p4m ~ ERIC MAKEPEACE, CONSTRUCTION MANAGER Education/Training University of Phoenix — MBA 2003 Massachusetts Institute of Technology, Cambridge, MA Sloan School of Management - BS - Management: Information Technology 1995 Harvard University cross enrollment - concentration in economics, literature, 1995 Photo enforcement Project Manager and Construction Manager, Redflex Traffic Systems Inc. background: 3 years Project Role Site analysis; preparation and submittal of site plans; selection and management of site construction sub contractors; managing the fitting, testing and oommissioning of field camera systems; establishing field maintenance support services and managing Transol USA, Inc's Installation Technicians. Key project record As Construction Manager with Redflex Eric was Responsible for design of over 300 site specifications involving electric, civil, traffic signal, construction, and change order engineering. He developed design specifications that have become the standard for all Redflex photo enforcement site constructions. Earlier, working with Redflex Project Management Eric was responsible for all IT implementations and software builds for 20 projects, gathering requirements and scope from customers, and writing specifications for the software development team. His previous appointments include: Systems Engineer with Command Technologies Inc, working on testing for Y2K anomalies in the Air Force AFTAC operation center ■ USA Army Military Battalion Training Officer JAMES (JIM) OTTERSON, CA CIVIL AND TRAFFIC ENGINEERING SPECIALIST Education/Training B Science, Civil Engineering, CA State Polytechnic 1981. Extensive additional professional qualifications from UC Berkeley Institute of Transportation Engineers and CA Institution of Transportation Safety. Photo enforcement Jim Otterson has more than 22 years experience in civil and traffic engineering focusing on industry experience: traffic, transportation and highway design. Projects have included major street design 2 years channelization, and construction of traffic control projects various CA counties and 9 years as Civil/Traffic engineering: a City Traffic Engineer. 22 yearn Project Role With Transol's projects Jim provides specialized CA consultancy services as required for. ■ Intersection selection ■ Site design and permits processes ■ Selection and project management of local site construction contractors. JAMES (JIM) HUGHETT, MANAGER PROCESSING SERVICES Education/Training Computer Science Degree equivalent University of Wyoming, Laramie, Computer Science in Data Structures, PASCAL, LISP, PU1 and SNOBOL Associates Degree, Computer Information Systems, Laramie County Community College. Bachelor of Business Administration Degree, University of Wisconsin -Milwaukee. Photo enforcement Jim is a professional network and systems manager with over 15 years of hands-on data industry background: processing training and experience, including Windows 2000, Windows NT 4.0, Windows 95 5 years & 98, Windows 3.1, DOS, Linux, Novell, Macintosh, VMS and UNIX. Doc ID: 10069R046V1 La Quinta, CA Proposal ©COPYRIGHT TRANSOL 2004 19It 00 54 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CAS Project Role Jim wit be responsible for: ■ Liaison for program scoping and design of processing systems • Configuration and networking site systems ■ Training deliveries, Transol-VPTm processing. Key project record Jim has implemented Transol projects in CO and CA and was formerly WAN Administrator for Redflex Traffic Systems and the Data Processing Manager, Laramie County Sheriffs Department. MICHAEL (MIKE) WHELAN, SENIOR ENGINEER, R&D Education/Training Radio Tradesman (Digital Electronics) Moorabin TAFE and Royal Melbourne Institute of Technology (1990) ' Photo enforcement Photo enforcement specific roles; 3 years. / digital imaging Security industry imaging technologies:10 years video imaging applications background:13 years Project Role Management, customization of Transol RI-RLCTm hardware systems to implement project operating specifications, and oversight of site installation designs, equipment manufacture, testing and quality control. Key project record With Transol, development of the company's RI-RLC, RI-FSC, RI -MSC multiple imaging traffic camera systems and associated image illumination, transmission and installation solutions. MICHAEL EVERETT, DIRECTOR SOFTWARE SYSTEMS DEVELOPMENT Education/Training Ass Dip Computing, B Science (Computing & Information Science) Victoria University of Technology. ' Photo enforcement 7 years multimedia programming, hardware and software development additional industry experience: 3 years Role responsibilities Management, customization and contract implementation of Transol RI-RLCTm software (detection and imaging systems) and Transol-VP violation processing systems client specifications. Key project record Michael has contributed system design, specification and programming elements for marry of the company's software development projects in recent years. His major projects include: ■ Senior Software Developer, Transol-RI traffic camera systems (RI-RLCTm Red Light Cameras and RI-FSCTm/MSCTm Fixed/Mobile Speed Cameras) ■ Senior Software Developer ADLTS testing, States of Victoria and New South Wales, Australia ROB LINTON, TRANSOL-VPTN SYSTEMS ARCHITECT EducationlTraining B. Applied Science, (Charles Sturt University Oracle Masters Accreditation Program (ongoing) Photo enforcement Rob Linton is one of the world's most experienced photo enforcement processing industry background: systems developers having worked on major international Traffic Camera Office projects 6 years and having led software teams for the implementation of 11 USA cities/county photo enforcement projects. Doc ID: 10069R046V1 La Quinta, CA Proposal ©COPYRIGHT TRANSOL 2004 20 55- CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA Project role Implementing project database storage and retrieval requirements within the Transol-VPTm violation processing technology. Key project record Rob Linton is the Systems Architect for the Transol-VPTM Processing System. He was previously employed as the Software Manager for Redflex Traffic Systems and was the Systems Architect responsible for upgrades to enable centralized photo enforcement processing through Redfiex's Scottsdale, AZ, Processing Center. This required systems design to manage images and data. captured by RTS digital camera systems (and the facility's conversion from film -based operations only) and for subsequent upgrades to accommodate additional city contracts. Prior to this he had been Redflex's Software Team Leader for the 1999 processing. systems upgrade for the Victoria Police Traffic Camera Office (to manage some 6000 events daily from the statewide network of traffic cameras.) PETER LINTON, PRINCIPAL DEVELOPER TRANSOL-VPTm Education/Training Microsoft Certified Professional, 2002 Master's Computer & Communication Engineering,1996, Qld University of Technology. Graduate Diploma of Management,1991, Swinbume University of Technology Bachelor of Engineering (Honors),1991, Swinbume Institute of Technology Photo enforcement Peter specializes in architecture and design of complex systems requiring and accuracy industry background: and attention to detail over a wide range of technologies. With his brother (Rob Linton) he one of the world's most experienced photo enforcement processing systems 6 years developers having worked on major international Traffic Camera Office projects in Australia and the USA. Project role Implementing project processing requirements within the violation processing solution. Key project record In 2001, Peter was principal consultant for the task force upgrade of Redflex's Scottsdale AZ Processing Center Evidence Management System and wrote modules to facilitate product expansion. The Project required successful implementation of three new City photo enforcement contracts under aggressive deadlines and required development of new middleware architecture that successfully increased performance by a factor of 3. Earlier he was the Technical Team Leader for the major upgrade to the State of Victoria's Traffic Camera Office (to enable processing of 6000 events daily). BRONWEN COULSTOCK, VP BUSINESS COMMUNICATIONS Education/Training B A (Economics and Psychology) Photo enforcement Before co-founding the original Transol entity with Rob Cioli, she was Manager industry background: Corporate Affairs for Redflex and provided community education consultancy services 7 years to its USA photo enforcement projects. Project role Working with Transol's Multimedia team, managing the development, implementation and delivery of training and public relations/training programs materials. Key project record Prior to forming Transol with Rob Ciolli in 2001, Bronwen was Director, Corporate Affairs, Redflex Traffic Systems, Inc, and developed and suppled that company's community education materials and consultancy services for its USA photo enforcement contracts 1998-2001. She has 25 years background in social research, state and federal politics, journalism, media affairs and general management including Press Secretary to State Premier (Governor), training and management services consultancies to major corporations and government authorities. Doc ID: 100691R046V1 La Quinta, CA Proposal 21 ©COPYRIGHT TRANSOL 2004 J 6 56 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA Tr Program implementation and support services will be delivered through Transol's CA Customer Service Center. Claire Hunter, VP Operations will be responsible for program operations, working with Eric Makepeace, Manager Construction, and Jim Hughett, Manager Processing Services. 4.1 PROJECT SERVICES TEAM 4.2 IMPLEMENTATION MILESTONES Transol will supply, install and commission all required equipment and services according to a detailed implementation schedule agreed with the City. Given timely approval of submitted drawings and permits issue by the City/DOT, Transol will install and make operational the first selected intersection approach before July 1 2004. Doc ID: 10069RO46V1 La Quinta, CA Proposal ©COPYRIGHT TRANSOL 2004 22 J 6 3 57 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA Our indicative implementation milestones are as follows: ■ Within two (2) weeks of Contract award, with the City Traffic Engineering Manager and PD, inspect candidate approaches and review City data to determine optimal enforcement Isites. ■ Within three (3) weeks of Contract Award, request supply of 'as -built' electronic intersection drawings from the City for the agreed Beta Phase enforcement approaches. Within five (5) weeks of Contract Award, with our local contractor submit proposed site construction works for permit approval for the first operating site • Within five (5) weeks of Contract Award, with our local contractor, submit any required construction schedule for approval by the City for the first operating site • Within eight (8) weeks of Contract Award submit proposed site construction works for permit approval for other Beta Phase sites. • As site works commence at, kick-off the City's public information program so that the community is fully aware of the Program's goals and operations from Day One. (Within ten (10) weeks of Contract Award, Transol develops and supplies I' -draft set of City - customized Public Awareness materials for use by the City's Public Information personnel.). ■ Within 12 weeks of Contract Award install and commission camera equipment at the first agreed approach. • Within three (3) weeks of Contract Award, consult with the City Police, Finance and Courts, and commence Program Business Requirements Analysis. ■ Within five (5) weeks of Contract Award, submit proposed Business Requirements Analysis for City sign -off. ■ Within eight (8) weeks of Contract Award submit proposed Forms and procedures for City sign -off. ■ Within 10 weeks of Contract Award, implement the City's Image Processing and Summons Services Requirements on Transol-VPTM to support camera operations and Letter/Notice issuance. ■ Within 11 weeks of Contract Award, provide Customized _Training Programs for identified City/Police/Courts personnel. ■ With City compliance with the above schedule, before July 1 2004 commence _operating the 30-Day Warning Letter period for the first camera site. • Within five (5) months of Contract Award, complete remaining intersection .installations for the Beta program phase. ■ Within five (5) months of Contract Award, commence Notice Issuance from all Beta phase sites. Doc ID: 10069R046V1 La Quinta, CA Proposal ©COPYRIGHT TRANSOL 2004 23 364 58 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA 4 F TRANSOL BENEFITS TO THE CITY ■ No front-end City investment: Transol's lease fee covers all program implementation and operation costs and fees will commences only after the 30 Day Warning Letter phase is complete. ■ A Beta Test Program: recognizing City concerns for the need to evaluate photo enforcement operations and public safety results, Transol fees will not exceed program revenues during the Beta Test period. ■ Cancellation option: Transol's confidence in our technologies and our flexible installation designs mean that at the end of the Beta period, and on each anniversary date of the contract signing, Contract terms give the City the option to terminate. ■ Experienced program personnel: Transol's solution will be scoped, designed, implemented and operated by a team with significant CA experience and the latest enforcement technologies. Rob Ciolli, Transol CEO, one of the US and world pioneers of 'modern' photo enforcement will personally review program operations. ■ No damage to City streets/controllers/traffic flow: high ticket issuance and public safety results will be achieved without unnecessary damage to streets, connections to signal controllers or protracted traffic disruption during systems installation and maintenance. • Site responsive relocation option: our system's modular, non -intrusive design facilitates any desired camera relocation by agreement. ■ Unobtrusive fittings utilize small camera housings and fewer poles to minimize visual impact at the camera sites. The risk of driver distraction from 'white flashes' is eliminated. ■ fair ticketing. The program avoids any risk of 'profiling' - the sequence of scene images captured for each violation provides objective eyewitness for each event and allows verification and Authorizing Officers to confirm all the circumstances under which the driver ran the light. Figure 12: Systems provide strong ■ 24 X 7 secure Internet -enabled access enforcement against dangerous left -turn violators to images, data and reports gives authorized City/Police/Courts personnel Doc ID: 10069R046V1 La Quints, CA Proposal 2;4 - J ©COPYRIGHT TRANSOL 2004 59 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA 1 unparalleled access to violation files and reports at their convenience. • Supports program expansion. The Transol-VPTM Web -enabled citation processing service is completely scaleable to changing City requirements and increased imaging loads (and will also support fixed and/or mobile speed enforcement if required at some future date.) ■ Additional enforcement and/or security options. The RI-RLCTM provides the core technologies to support future City programs including: ➢ Dual red/speed enforcement - the red light systems can be easily upgraded to provide speed enforcement on monitored approaches, either during the red phase or continuously. ➢ Intersection accident monitoring - Transol can fit additional, patent -pending Intersection Accident Detection TM systems at monitored intersections to provide a complete visual record of crash events for Accident Investigators - whether there is a traffic violation or not. IADTM systems send immediate accident alerts to the City and record a full series of images of an accident (whether there is a traffic violation or not). ➢ 'Wanted Vehicle' ID and alerts - with additional OCR (license plate reading) and processing system upgrades, the RI-RLCTM can identify `wanted' vehicles from a City provided list and notify the PD immediately. Such additional capabilities may be implemented by agreement with the City. Ongoing R&D for continuously improving program performance. Our desire to make the City's Program a stellar Photo Enforcement Reference Site means that Transol shares a 'win -win' interest in the City receiving superlative support and optimal technologies. With City approval, technical upgrades will be progressively implemented as these are cleared through Transol's ongoing R&D programs. Consistent with the City's public safety vision the Program will remain at the forefront of US photo enforcement. Doc ID: 10069R046V1 La Quinta, CA Proposal OCOPYRIGHT TRANSOL 2004 256 .t CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA 16 BETA TEST PRICING PROPOSAL 6.1 EXPLANATORY NOTES • Our Beta Test Proposal for supply of a "complete turnkey program" covers the cost of ' camera technologies with all related services being supplied by Transol. ■ Definition of an 'Approach': an approach refers to traffic moving in one direction of travel at the intersection, i.e. East. • Definition of a 'Dual- System': one Transol RI-RLC TM Red Light Camera Dual -System will be installed to monitor each approach. The Dual -System captures both front and rear image sequences; rear shots provide multiple wide-angle 'scene' images and a license plate close-up, and frontal imaging gives the close-up face shot for driver ID. One Dual - System may monitor up to four (4) lanes of travel on one approach. ■ Definition of a 'Lane': a lane may be either one (1) straight through or one (1) turning lane in one direction of travel i.e. East. • The beta test will include a minimum of two intersections and four approaches. • Additional approaches may be added under the pricing specified below at any time at the City's discretion. 6.2 PER APPROACH SYSTEM LEA31NO Transol's all inclusive per -approach Lease Fee: $5350.00 per month per approach This fee covers the supply, implementation, operation and maintenance costs of site camera technologies and all associated citation processing and program services i.e. • RI-RLCTm Digital Red Light Dual -Camera systems supply (each system to monitor up. to four lanes per approach, with lanes being either straight or turning lanes, as agreed with the City) • All required equipment installation, works and services ■ All required violation processing services (including verification, documentation and Reports services, ticket processing and mailing) ■ All required Courts Services ■ Training programs forCity/PD/Courts personnel and • Ongoing Community Relations support and resources. Should the inter 'section require more that four lanes to be monitored, pricing will be adjusted after the specific needs of the intersection are determined: Note: No Lease Fee is payable for the Program's initial 30-day Warning Letter phase. Doc ID: 10069RO46V1 La Quinta, CA Proposal ©COPYRIGHT TRANSOL 2004 i►U j67d 61 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CAS 6.3 FLEXIBLE CONTRACT 6.3.1 Transol Beta Test Warranty Transol warrants the City that during the one-year Beta Test Period, fees to Transol shall not exceed program revenues to the City. 6.3.2 The Contract Term This Contract price is guaranteed for a Term is for 5 years, with the Beta Test Period being the first year of this term. At the end of the Beta period, and at each subsequent anniversary date of the contract signing, the City will have the option to terminate the program with 30 days written notice if: 1. If average monthly Program revenues to the City are less than lease fees 2. Transol does not meet performance and service criteria as stated in the ' Agreement. 1 1 1 6.3.3 Adding additional approaches/lanes per approach Additional intersection approaches (or additional lanes at a monitored approach) can be added into this agreement at any time during the contract term without changing any contract terms, with the proviso that the additional enforcement operates for at least one full year. 6.4 FINAL NOTE This Proposal contains information on the Transol red light photo enforcement program, and the general terms and conditions we propose. We are open to discuss any of these proposals. program requires a positive relationship A successful"Safe-City"photo enforcement p og q p p between Transol and the City, so forming a win -win Agreement is a vital beginning. We look forward to working with the City to create a best practice red light enforcement program. Doc ID: 10069RO46V1 La Quinta, CA Proposal 27 -68 ©COPYRIGHT TRANSOL 2004 `� 6 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA ,4 *ransom► APPENDIX 1: SAMPLE VIOLATION PHOTOS Doc ID: 10069RO46V1 La Quinta, CA Proposal OCOPYRIGHT TRANSOL 2004 2S' � 63 00 LA .4 14O le, 1 1 W a 1 WJi O d' LL O W LL W W N a' W Q J r , FE N� m 1. !` WA Q -- 4 F, 1 1. 5 � fy � a L a� r1 t FI f; y � " 11 CONFIDENTIAL BETWEEN TRANSOL and LA QUINTA, CA own APPENDIX Doc ID: 10069RO46V1 La Quinta, CA Proposal ©COPYRIGHT TRANSOL 2004 29 6q CERTIFICATE OF LIABILITY INSURANC DATE P1MWDM 02/16/03 6a" Elliott Ya►chette Ina. License #0917224 2201 Broadway, Suite 725 ookland CA 94612 phones510-832-8000 pax*510-832-5054 i Har QSJI, Inc . lace 5 W 8ou 524.9 ONLY AND CONFERS NO RNKM UPON THE CERTIFICA HOLDER. THIS CERTIFICATE DOES NOT AMEND. 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C�ANCELLATl1ON slNoa.o Alf Y OF THE A80NE a POLlclea 1e cANca.L� eEFoiE THE EIPNIATIDf DATE Tmww. THE MMMN3 vw.L �AvoR To AIA1. �. oAYs rratrTldA N... ro TIE,,"V CAU NER NMMTOTIE LIFT. Wjr FMAM TO o0 808tMi.L Oran No OMXAVM OR LWMM CW Mr r NW WW THE NIMXtM TT8 AL:ENTO oa T4t!t 4 aCPQur�c1w COUNCIL/RDA MEETING DATE: April 20, 2004 ITEM TITLE: Discussion of Revised Conceptual Plan for Village Parking Lot and Pedestrian Circulation Route Through the Village RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: Q. PUBLIC HEARING: Provide design direction to staff regarding the proposed improvement concepts and select which improvements the City Council wants staff to proceed with in the preparation of construction drawings. FISCAL IMPLICATIONS: The City Council authorized an expenditure of $434,780 of Redevelopment Agency (RDA) funds from RDA Project Area No. 1 at its December 16, 2003 meeting. The expenditure breakdown is as follows: Construction: 322,000 Design: 32,200 Inspection/Testing/Survey: 24,995 Administration: 16,100 Subtotal: 395,255 Contingency: 39,525 Total Budget: 434,780 This budget amount will cover the cost to design and install the refurbished parking lot improvements, and the perimeter ' landscaping. However, if the Council wants to install the corner "plaza" feature located at the Bermudas/Montezuma intersection, and the enhanced bus stop improvements, an additional $60,000 will be needed. S:\CityMgr\STAFF REPORTS ONLY\4-20-04\S 2 Parking Lot.doc Additionally, each pedestrian refuge island will cost approximately $40,000 to design and install. If the City Council decides to authorize an additional expenditure to construct these added improvements, staff will prepare the necessary resolutions for City Council action when the plans and specifications are presented for authorization to receive bids. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The design concepts for the Village Parking Lot and the Pedestrian Crosswalk Refuge Island have been combined for discussion purposes because they are interrelated with respect to pedestrian circulation route(s) and access from the parking lot to other venues in the Village. There is a need to integrate the design concepts of one, with the design of the other. Although it's important to produce design concepts that are compatible with each other, it's not essential that the parking lot and crosswalk ; elfuge islands be constructed concurrently as a single project. Village Parking Lot The City Council reviewed the Village Parking Lot refurbishment concept at its November 18, 2003 meeting and selected the option that paves over all of the existing turf block pavers and provides perimeter landscaping only. City Council directed staff to revise the parking layout in its northeast corner near the Ace Hardware property to maximize and enhance the parking stall layout. The parking lot layout concept has been revised as requested (Attachments #1 and #2). The revised layout provides 113 parking stalls. Offset Crosswalk Refuge Islands The City Council reviewed the pedestrian crosswalk/refuge island concept at its December 16, 2003 meeting. City Council consensus of an offset crosswalk concept passing through a refuge island was generally favorable; however, there were a number of aesthetic and safety aspects the City Council wanted addressed. To that end, staff engaged the services of a landscape architect to produce an exhibit that offers a more pleasing appearance to the proposed crosswalk refuge island concept. Staff has made a number of adjustments to the refuge island concept to address City Council concerns. The concerns and adjustments are as follows: 1. Pedestrian safety in refuge island 175 S:\CityMgr\STAFF REPORTS ONLY\4-20-04\S 2 Parking Lot.doc 2 a. Palm trees and boulders have been added at the landscaped ends of the island to offer some protection from errant vehicles to the pedestrians standing in, or passing through, the island. Additionally, the landscaping enhances the visibility of the island to motorists and reduces the potential of vehicles accidentally colliding with the island. b. Two "La Quinta Village" style street lights have been added in the island to provide sufficient lighting at the crosswalk locations for night-time visibility. 2. Wider pedestrian path through refuge island a. Widening the pedestrian path generated several changes to accommodate the request, all of which produced positive benefits. It reduced and softened the magnitude of the offset in the pedestrian travel route, thus making the route traveled shorter and less objectionable; it provided an opportunity to place the pedestrian guide rail in the middle of the path, rather than on the sides of the path as previously proposed; the amount of railing is significantly reduced and commensurately improves the aesthetics of the refuge island; the guide rail is needed to prevent a "straight line" pedestrian travel route across the street; the length of the refuge island is shortened and more compact hence making it more suitable for application at a wider range of locations. b. The minimum width in the pedestrian path for each direction of travel is now five (5) feet wide, whereas the width of the path in the original proposal was a total of four (4) feet. 3. Vehicular speed on Avenida Bermudas and Desert Club Drive a. Addressing vehicle speeds on streets that serve as through -routes for motorists is the primary challenge with mid -block and uncontrolled intersection crosswalks. Posting lower speed limits where legally possible is a good first step, but is not the final measure to enhance pedestrian crosswalk safety. Both Avenida Bermudas and Desert Club Drive are now posted with 25 MPH speed limits. 6 Y 9 S:\Cit M r\STAFF REPORTS ONLY\4-20-04\S 2 Parking Lot.doc 3 J b. "Speed Tables," which are a cousin to speed humps, are a common state-of-the-art feature at crosswalk locations where significant pedestrian crossing activity is coupled with the desire to give through traffic a reasonable degree of reduced impedance when pedestrians are not present. Speed humps are known to control vehicle speed at the location of the hump; thus placing a speed table at a crosswalk location is a highly compatible and productive combination of traffic control concepts. See Attachment 4 for a longitudinal cross-section of the speed table. 4. Crosswalk Striping and Signing Concepts a. The enhanced brick paver crosswalks on Calle Estado and Avenida La. Fonda are generally effective for streets with short lengths where parking lot speeds are encountered. However, they do not offer sufficient visibility on a through street where angle parking is not present and the "passing through" mental state of the motorist needs to be more positively interrupted. Thus, for Avenida Bermudas and Desert Club Drive we recommend that bolder, higher visibility, markings be used. To that end, staff recommends four (4) 2'x10' white painted blocks in the crosswalk area on the speed table separated by stamped concrete. The white blocks will jointly help identify the speed table and crosswalk b. The fluorescent green pedestrian crosswalk warning signs are proposed as the only signage to help identify the crosswalk locations. Flashing amber lights are not recommended. "Speed Bump Ahead" signs can be posted in advance of the speed table series on each of the two streets. 5. Comprehensive Pedestrian Circulation Route in Village a. One of the most important aspects to producing a cohesive, pedestrian -friendly Village environment that accommodates vehicles in the same environment, is starting with a perspective on priorities and the limits of where those priorities are in effect. To produce a pedestrian -friendly Village environment, it is necessary to deemphasize, but not eliminate, time -efficient vehicular passage. A determination must be made as to whether the Village is intended to be an area where vehicles have top priority, and pedestrians are the S:\CityMgr\STAFF REPORTS ONLY\4-20-04\S 2 Parking Lot.doc 4 3 7 7 secondary accommodation, or whether pedestrians are the first priority, and vehicles are the secondary accommodation. b. For example, the Village area located between Avenida Bermudas and Desert Club Drive is pedestrian -friendly. Vehicle speeds are generally quite low and the locations where the pedestrian and vehicle routes cross each other offer very short (typically 14 feet across) interfaces and are limited to pedestrians crossing one lane of vehicular traffic. However, Avenida Bermudas and Desert Club are the current limits of the pedestrian -friendly environment. In order to expand the limits of the pedestrian -friendly environment and include the area on the west side of Bermudas and the area on the east side of Desert Club, it is necessary to provide a number of pedestrian crossings that are similar in character to those on Calle Estado and Avenida La Fonda. However, there is a basic difference in the type of traffic on Avenida Bermudas and Desert Club Drive with respect to the other two streets that already offer a pedestrian -friendly interface between pedestrians and vehicles. The motorists on Bermudas and Desert Club tend to have the "passing through" state of mind which inherently conflicts with the priority order that is essential to establishing a pedestrian - friendly environment. Thus, to affect the revised priority of pedestrians first, and vehicles as the secondary accommodation, it is recommended that speed tables be implemented at all refuge crosswalks on Bermudas and Desert Club Drive. c. Attachments #1 and #3 provide a comprehensive view of the pedestrian circulation routes from the existing pedestrian friendly Village core located between Avenida Bermudas and Desert Club to the expanded Village areas located beyond these two streets. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Provide design direction to staff regarding the proposed improvement concepts and select which improvements the Council wants staff to proceed with in the preparation of construction drawings, or 2. Provide staff with alternative direction. S:\CityMgr\STAFF REPORTS ONLY\4-20-04\S 2 Parking Lot.doc 5 `� '1 Respectfully submitted, T mothy R. nass , P.E. ublic Wor Director/City Engineer Approved for submission by: �00'�e homas P. Genovese, City Manager Attachments: 1. Village Parking Lot 2. Village Parking Lot & Pedestrian Refuge Islands 3. Desert Club Drive Pedestrian Refuge Islands 4. Speed Table �79 S:\CityMgr\STAFF REPORTS ONLY\4-20-04\S 2 Parking Lot.doc 6 o W ' ca J o> Z ® Vcr_ CL U Cl-0 Q uj cc I 1, , b I cc Q .... 55 1 - I t - t 0 cc wa , `\ ti A N AVENIDA MONTEZUMA n�ne �� h�i CALLE TAMPICO Op 4 ex � W 0 J Q I � ® Z c U 0 W cc LL 0 zq CL mc O g Z 0 -Uj co cv J UA j W co o cry o A! O v �g 9 1 ( C O W U � (n Cl) a O � � U Q M � W goo W4-0 v, J 0 0 ------------- 10 1�o� J0j a Ivm a -o D N D D > C rn CN mz D b'WI1Z31NOW t/OIN3A b' c�j c:c •a .ram... �� __ �rila;►. r .,�",�G,, aV �. w � _ ': - : T' ,¢, �-"' .� `' P�.. ,��Yt`.d�'�c � CIE �� I��1®il �� •{ IuAIla i!{ f p1iA .�r aptlS �1W11t'� '� c� w�m'9�✓ 7 �_ � ��"'�"!� IrMMM�IT PM�M �MI �\ I m��1 I fall 11 fill 414 �Ilti�l�, i (I®{� �➢i6 "s��`��'"j�ilf,�j ;A•��^yy', �"I d p� �..ar j�C�.� r�f 11► r aye gyp,MAN µ t EE pi y1S' - r7 'CGS m:`L :t.7.`YTJCc m a m C5 d rn vnnZ31NOn V0IN3AV m z --q N) o � Uo^ rn o U) mrn � �� e rn� p 4 c� C �rn o � ) N o a O m m z m . m y m a Z cn cn m a rn 4 a bo N r (p �' ZO � D 001dkVVI 377VO D D 0 2 3 m z w 0 lv 387 REPORT/INFORMATIONAL ITEM: 16*' CULTURAL ARTS COMMISSION MINUTES March 4, 2004 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Else Loudon presided over the meeting. Commissioner Gassman led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Else Loudon Commissioner Sheldon Brodsky Commissioner Andrea Gassman Commissioner Elaine Reynolds MEMBERS ABSENT: Commissioner Linda Young STAFF PRESENT: Dodie Horvitz, Community Services Director II. PUBLIC COMMENT -NONE III. PUBLIC HEARING - NONE IV. CONSENT CALENDAR A. Approval of Minutes of February 12, 2004 B. Department Report for January 2004 It was moved by Commissioners Brodsky/Reynolds to approve consent calendar. Unanimous. V. PUBLIC HEARING - None VI. BUSINESS ITEMS Staff stated that the Oath of Office listed on the March 4, 2004 Agenda was a misprint and not intended to be apart of this meeting. A. Concert Under the Stars Event Cultural Arts Commission Meeting February 12, 2004 Minutes Page 2. Commissioner Gassman found the event budget very helpful and thanked staff for providing it to the Commission. Commissioner Loudon asked if the City has rented lights in the past for performances at the amphitheater. Staff stated that the City does not have lights and therefore rents all of the equipment for a performance. Commissioner Loudon asked about the staff time for the event. Director Horvitz reported that many full time staff will be working overtime for this event and this cost must be recovered. There was a question regarding the advertisement for the event, staff reported that a postcard will be designed for the event and sent to each resident. The cost includes design, printing and mailing of the postcard. The Commission discussed having the steel drum band from Desert Sands schools perform at the event. Commissioner Reynolds would like to see the steel drum band perform, however, since the Jazz band has already been contacted, she felt that the Commission should honor that commitment. After some discussion, the Commission directed staff to contact the steel drum band for availability and to begin the concert at 5:30 p.m., to include both the steel drum band and the jazz band. The Commission suggested that a $500 donation be given to the high school band to be split between the two bands. The order of the performances will be left to the band director, due to the movement of the equipment. The Commissioners will act as hosts for the bands and to serve refreshments. It was moved by Commissioners Gassman/Brodsky to include the steel drum band as well as the jazz band, with a $500 stipend to be split evenly between the bands, the event to start at 5:30 p.m. Unanimous. B. Kennedy Art Piece Proposal Commissioner Reynolds stated that Mr. Kennedy has offered the art piece 'Solitude" to the City for the price of $15,000. She also discussed the plant that is growing in front of the piece that is an obstruction. She would like to see the landscaping reworked to complement the art piece instead of hide it. SACommunity ServiceMCAMCACMIN.3.4.04.doc 02 389 Cultural Arts Commission Meeting February 12, 2004 Minutes Page 3. Commissioner Brodsky stated that he thinks the piece is - a bargain at $15,000 and recommends the City purchase it. Commissioner Reynolds stated that the piece really must be relandscaped. It was moved by Commissioners Reynolds/Brodsky to recommend the City Council purchase the art piece "Solitude" from Mr. Kennedy and improve the landscaping around the piece to include lighting and a new plaque. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS None Vill. COMMISSIONER ITEMS Commissioner Brodsky suggested the Commission write a letter of gratitude to Kathy Dunham for her work at Adams School in the after school art program sponsored by the La Quinta Arts Association. Staff was directed to write the letter for Commissioner Loudon's signature. Commissioner Loudon invited everyone to visit The Lodge in Rancho Mirage to view the bighorn sheep sculptures. Staff reported that the City Council approved the Commission's recommended locations for the sculptures at the La Quinta Park and the Senior Center. Commissioner Reynolds shared a picture of an amphitheater in Germany that she visited. Commissioner Gassman would like to see more dramatic arts included in performances offered by the City. Commissioner Brodsky stated that the City of Palm Springs has a portable stage that he thinks is perfect for performing arts. He also stated that the City of Yucca Valley has a portable stage that they rent for $550 for the first 3 hours and then $55 for each hour plus the cost of the staff and tow vehicle. After some discussion the Commission decided they would like to have the City Council consider modifying the existing amphitheater and perhaps getting a corporate sponsor for the amenity. The Commission asked that this be placed on the next agenda. Commissioner Reynolds shared that there will be an art show in Old Town on March 13 and invited all the Commissioners to attend. Commissioner Brodsky shared that the art gallery in Old Town is a very nice gallery. SACommunity Services\CAC\CACMIN.3.4.04.doc 03 .� 90 Cultural Arts Commission Meeting February 12, 2004 Minutes Page 4. A Commissioner Reynolds suggested the Cultural Arts Commission should work with the Community Services Commission to accomplish some of their common goals. Commissioner Gassman asked for a copy of the Commission's work plan and the Commission asked that the work plan be put on next month's agenda. XI. ADJOURNMENT It was moved by Commissioners Reynolds/Gassman to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 7:55 PM. NEXT MEETING INFORMATION: Thursday, April 8, 2004 La Quinta Civic Center Study Session Room Sub itted b V Dodie Horvitz Community Services Director MIA SACommunity Services\CAC\CAC MIN.3.4.04.doc n J REPORT/INFORMATIONAL ITEM: A0 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 3, 2004 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called.to order at 10:03 a.m. by Interim Community Development Director Oscar Orci who led the flag salute. B. Committee Members present: Bill Bobbitt, Dennis Cunningham, and David Thorns. C. Staff present: Interim Community Development Director Oscar Orci, Principal Planner Fred Baker, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of February 4, 2003. There being no changes, it was moved and seconded by Committee Members Cunningham/Bobbitt to approve the Minutes as submitted. V. BUSINESS ITEMS: A. Village Use Permit 2004-022; a request of Santa Rosa Plaza L.L.C., for consideration of architectural and conceptual landscaping plans for a 12,000 square foot commercial retail building located at the northwest corner of Calle Tampico and Avenida Bermudas within Santa Rosa Plaza. 1. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Jim Janosik, engineer for the project, who gave a presentation. " GAWPD0CS\ALRC\3-3-04 WD.doc i Architecture and Landscaping Review Committee March 3, 2004 2. Committee Member Thorns asked what was happening in the courtyard area behind the first unit in the building. Mr. Janosik stated it is an area they intend to use as a courtyard behind the first two units. Discussion followed regarding potential treatment of the area. 3. Committee Member Thorns stated he had a concern about the south elevation. The elevation appears to be plain in relation to the north elevation. Mr. Janosik stated there will be a six foot wall so only the top third of the building would be seen. 4. Committee Member Cunningham stated it is the "back of the house" and not much architectural treatment is given to this area. His concern is that the courtyard has no reason for anyone to go there. It is not a usable space and could create an undesirable element. It isn't integrated into the project. He would suggest leaving it landscaped but put a wrought iron fence screen the area. 5. Committee Member Thorns asked if the area would be accessible by a sidewalk. Mr. Janosik reviewed the circulation with the Committee. 6. Committee Member Cunningham asked that the south elevation have some architectural treatment added. 7. Committee Member Thorns asked that the corner contours in the retention basin be softened. Mr. Janosik stated the retention basin is already built and is shaped. 8. Committee Member Bobbitt asked if they were sure they wanted deciduous trees at the entrance. They will be void of foliage during the season. They look their best in the summer time and will be a high maintenance issue. Mr. Janosik stated they have relayed this to the owner and they are trying to eliminate the elms. 9. Committee Member Cunningham asked that the westerly unit be encouraged to incorporate the courtyard into the use of the unit or become some type of common area. J�� G:\WPDOCS\ALRC\3-3-04 WD.doc 2 Architecture and Landscaping Review Committee March 3, 2004 10. There being no further questions of the applicant, it was moved and seconded by Committee Members Cunningham/Thoms to adopt Minute Motion 2004-009 recommending approval of Village Use Permit 2004-022, as recommended by staff and amended: a. Condition added: The courtyard area, in the rear of the first unit, shall have a decorate wrought iron fence with gates around it and be reflected on the plans. b. The courtyard area shall be incorporated into the use of the first unit or become a common area. C. Condition added: The south elevation shall have architectural enhancement for the first two westerly units on the south elevation. d. The hardscape plan for the south elevation shall be revised to have a better sidewalk circulation. e. Canopy -type shade trees shall be incorporated in the courtyard. Unanimously approved. B. Site Development Permit 2003-800; a request of Washington 1 1 1, L.T.D. for consideration of architectural and conceptual landscaping plans for a 12,000 square foot grocery store located at the southeast corner of Washington Street and Simon Drive within Washington Square Commercial Center. 1. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Michel Kareti, architect for the project who gave a presentation. 2. Committee Member Thorns asked if this corner could have a hardscape space to allow people to cut across the corner. The corner needs to be enhanced with access space. Mr. Kareti stated this was workable. He noted they will have landscape features in this area. 3. Committee Member Cunningham stated there is a lot of sidewalk adjacent to the curb. Washington Street has a large volume of traffic and there is more and more development happening at this intersection. It is creating a lot of people movement. If this area were opened up to pedestrian traffic it J9 GAWPDOCS\ALRC\3-3-04 WD.doc 3 Architecture and Landscaping Review Committee March 3, 2004 would move people around more. Staff suggested the sidewalk be lined up with the sidewalk across the street. 4. Committee Member Cunningham complimented the applicant on the massing and colors used. He would suggest that the parapets and massing be treated correctly to not look "thin". 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2004-010 recommending approval of Site Development Permit 2003-800, as recommended by staff and amended: a. Condition added: A meandering sidewalk shall be added to create a pedestrian access across the corner from Simon Drive to Washington Street. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: VII. COMMITTEE MEMBER ITEMS: VIII. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Cunningham/Bobbitt to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a regular meeting to be held on April 7, 2004. This meeting was adjourned at 10:42 a.m. on March 3 2004. Respectfully submitted, T J. SAWYER Executive Secretary JUJ GAWPD0CS\ALRC\3-3-04 WD.doc 4 REPORT/INFORMATIONAL ITEM: / rI MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA March 25, 2004 This meeting of the Historic Preservation Commission was called to order by Chairperson Leslie Mouriquand at 3:14 p.m. who led the flag salute and asked for the roll call. I. CALL TO ORDER A. Pledge of Allegiance. B. Roll Call. Present: Commissioners Puente, Sharp, Wilbur, and Chairperson Mouriquand Absent: It was moved and seconded by Commissioners Puente and Sharp to excuse Commissioner Wright. Unanimously approved. Staff Present: Principal Planner Stan Sawa, and Secretary Carolyn Walker. II. PUBLIC COMMENT: Gary Resvoloso, Cultural Resources Coordinator for the Torres Martinez Band of Indians was unable to attend. His presentation will be re -scheduled. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Wilbur and Puente to approve the minutes of February 19, 2004 as submitted. Unanimously approved. V. BUSINESS ITEMS: None VI. CORRESPONDENCE AND WRITTEN MATERIAL: None P:\CAROLYN\Hist Pres Com\HPC 3-25-04.doc " J 6 Last printed 4/15/04 11:43 AM Historic Preservation Commission March 25, 2004 VII. COMMISSIONER ITEMS: A. Staff presented information on the April 28 — May 1, 2004 California Preservation Conference. The Commissioners will receive tickets and further information in their April 22, 2004 meeting packet. B. Commissioner Wilbur asked about a possible tour of the City's historic sites. Chairperson Mouriquand asked the Commissioners what areas they would be interested in touring. 1. Commissioner Sharp suggested Coral Mountain. Commissioner Puente suggested visiting the fish traps. Chairperson Mouriquand agreed and asked if the Commissioners would also like to go to the Torres Martinez Reservation and visit the historic buildings. She suggested Cultural Resources Coordinator, Gary Resvoloso could set up a tour for them. The Commissioners agreed to schedule the tour for Sunday, May 16, 2004, at 8:00 a.m. meeting at La Quinta City Hall. All who wish to attend will need to notify the Community Development Department one week in advance of the tour, wear appropriate clothing, bring water, sun block, snacks, etc. Arrangements will be made to car pool to the sites. C. Chairperson Mouriquand presented information on various events in the Valley, such as the May 8, 2004 CVAS Symposium, the April 24, 2004 Agave Harvest, and the upcoming Spring Pow Wow at Fantasy Springs. D. Commissioner Sharp had questions about the new Tribal traditional territorial maps and the official areas of concern for contact on projects. He also asked if the City would be honoring the territorial or reservation boundaries. Chairperson Mouriquand replied the City would honor the Tribes' wishes. She suggested a date be set up and a representative from each of the three tribes be invited to attend a Commission meeting to discuss this matter. E. Commissioner Sharp asked if it would be possible to get a permanent Tribal representative on the Commission. Chairperson Mouriquand stated previously the Commission requested a representative come as an advisor, not a Commissioner. 2 J97 Historic Preservation Commission March 25, 2004 F. Commission Puente suggested changing the date of next month's meeting to April 22, 2004. The Commissioners unanimously agreed. G. Commissioner Mouriquand suggested the Commissioners each bring their notes and information from the California Preservation Conference (April 28 — May 1, 2004) to be shared at the May 20, 2004, meeting. VIII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Puente and Wilbur to adjourn this Regular Meeting of the Historic Preservation Commission to the next Meeting to be held on April 22, 2004. This meeting of the Historical Preservation Commission was adjourned at 3:47 p.m. Unanimously approved. Submitted by: Carol Walker Secretary 3 39,8 REPORT/INFORMATIONAL ITEM: IS MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 9, 2004 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Abels to lead the flag salute. B. Present: Commissioners Jacques Abels, Rick Daniels, Paul Quill, Robert Tyler, and Chairman Tom Kirk. C. Staff present: Interim Community Development Director Oscar Orci, Assistant City Attorney Michael Houston, Assistant City Engineer Steve Speer, Principal Planner Stan Sawa, Associate Planner Martin Magana, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of February 24, 2003. Commissioner Tyler asked that Page 1 #4, A. be corrected to read: "There being no corrections...."; Page 2, #2 "...adopted sign program does allow a second sign on the face...."; Page 8, #F.3 "...parking spaces for the hotel.."; Page 9 #F.9 "...signal at Seeley Drive and Miles Avenue.."; Page 12 #G.2 "...asked about the chart in the staff report"; Page 13 #3 "...assurance from Caltrans that the lights would be synchronized"; Page 16 add "Commissioner Tyler asked if there were any substantive changes to the tract map other than those directly related to the revised entry. Staff stated no." Commissioner Abels asked that Page 16 be corrected to note he was not in attendance. There being no further corrections, it was moved and seconded by Commissioners Abels/Tyler to approve the minutes as corrected. B. Department Report: Interim Community Development Director Oscar Orci reported the Request for Proposals for commercial development guidelines had been approved by Council and distributed to potential firms. 399 r•\\A/Dll/1/`C\Dr` RA;no.+neX'2_0_()A%A11 A^^ Planning Commission Minutes March 9, 2004 V. PUBLIC HEARINGS: A. Street Name Change 2003-015; a request of La Quinta polo Partners for consideration of a street name change from Beth Circle to Norris Drive for the street located west of Madison Street, south of Avenue 51 1. Staff informed the Commission the applicant had requested a continuance of the project. It was moved and seconded by Commissioners Abels/Tyler to continue Street Name Change 2004-015, as recommended. Unanimously approved. B. Street Name Change 2003-016; a request of ND La Quinta Partners for consideration of a street name change from Village Club Drive to Hideaway Club Drive and Village Club Place to Via Mirasol located within the Hideaway project on the east side of Jefferson Street, north of Avenue 54. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. There being no questions of staff, Chairman Kirk asked if the applicant would like to address the Commissioner. The applicant stated he was available to answer any questions. 3. There being no further questions, and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 4. It was moved and seconded by Commissioners Quill/Tyler to adopt Planning Commission Resolution 2004-018 approving Street Name Change 2003-016, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. C. Environmental Assessment 2004-499 and Tentative Tract Map 32117; a request of Quarry Ranch L.L.C. for consideration of certification of a Mitigated negative Declaration of environmental impact and the re - subdivision of 6.32 acres into 13 residential lots for the property located on the west side of Jefferson Street, south of Quarry Lane. 1# 00 Planning Commission Minutes March 9, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if Quarry Lane had been constructed. Staff stated it is still under construction. Commissioner Tyler asked that Page 51, #47 should be corrected to stated "all gaps". 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. John Shaw, representing the applicant, stated the road is rough graded and the curb is currently being laid. He supported the recommended conditions. 4. There being no questions of the applicant and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 5. It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2004-019, certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004-499, as recommended: ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 6. It was moved and seconded by Commissioners Abels//Daniels to adopt Planning Commission Resolution 2004-020, approving Tentative Tract Map 32117, as amended: a. Condition #47: corrected to read: "All gaps..." ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. E. Village Use Permit 2004-021; a request of Coronel Enterprises for consideration of a request to construct a two-story, 15,525 square foot office building on a .30 acre site located at the southwest corner of Calle Tampico and Avenida Navarro. 401 r•\\A/Dfl(1r`C\D�` NA�n��tnc\4_O_/1A\A/11 .di+n 3 Planning Commission Minutes March 9, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magaria presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked the land uses surrounding the site. Staff stated the adjacent land is currently vacant. Discussion followed regarding the advantages of the zero lot line. 3. Commissioner Quill asked if there would be any change to the structure if it was shifted five feet from the lot line. Staff stated that the only change would the access driveway to the building. If you move it back it increases the slope to the parking garage from the street. 4. Chairman Kirk asked where staff was recommending the building be setback. Staff stated this is a verbal update to the report. Interim Community Development Director Oscar Orci stated that if they propose the windows on the west and south facades, they will have to comply with the UBC requirements. Chairman Kirk asked the height requirement in the Village district. Staff stated 40 feet. This building is 34 feet. 5. Commissioner Tyler stated he was concerned with the parking. He asked if the ADA requirements were met. Staff stated the Code does not specifically state how many there shall be. Commissioner Tyler was concerned about the trash enclosure as it will not fit through the pedestrian gates. There does not appear to be adequate room. He asked about the depth of the underground parking in regard to drainage. Assistant City Engineer Steve Speer stated it has to be sunken four feet into the ground with no more than four feet above ground. You can raise the ground level and berm it up next to the building to hide the height. If you move the building five feet, you only have to berm up nine inches. It depends upon how much berming is allowed next to the face of the building to hide the height. 6. Chairman Kirk asked if there were any concerns with the drainage and underground parking. Staff explained the drainage plan and stated there were no concerns if the plan was followed. Chairman Kirk stated the concern about it being underparked. Assistant City Engineer Steve Speer stated he is aware there is less spaces than normal, but there is parking in close proximity. Staff stated that 4 t ; 2 Planning Commission Minutes March 9, 2004 as long as there is a high point on the driveway of at least a foot above the flow line of the street the drainage in the underground parking is all right. The only water that will drain into their garage will be from the drip line at the edge of the roof and there will be a drain inlet with a pump in the garage. There should be no, or very minimal amount of water in the underground parking lot. In regard to the site being under parked, but this is generally an issue the Community Development Department would handle. Interim Community Development Director Oscar Orci stated the City is currently studying the Village parking to identify where parking is needed and what is available. 7. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Zeke Coronel, the applicant, gave a presentation on the project. He stated they are requesting the zero lot line with no windows. 8. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill asked if the windows were eliminated, would the suites on that elevation have any windows. Mr. Coronel stated all the suites would have windows on the front. Two suits will have windows on both sides and the rest would be on the front. 9. Mr. David Brudvik, 78-120 Calle Estado, Santa Rosa Development, stated he owns the property adjacent to this site and he is concerned with the overhangs and setbacks. His lots equal 5,200 square feet and most of the parking is already street parking in front of his property. They would like to see a better parking plan. 10. Commissioner Daniels asked Mr. Brudvik to identify which lots were his on the map. Mr. Brudvik stated he owns property on two sides of this site and he is uncertain what he will build. He is concerned about setbacks and what impacts this project will have on his project. He knows he will have to have underground parking to meet the demand. 11. Commissioner Quill asked if it was his intent to have the ability to optimize the zero lot line. Mr. Brudvik stated they will have to, but they want to have the same style as Old Town. He would want to see the recessed windows on this building. 1---%XA1Dnnrrc%or .a.... 5 Planning Commission Minutes March 9, 2004 12. Mr. Lucas Coronel, representing the applicant, stated they could add some articulation to the side of the building on the zero lot line. The parking is an issue, but the street is for public parking and anyone can park there. In regard to delaying their approval, he believes this is unfair as they have gone through the process and notified all the adjoining neighbors in a timely manner. 13. Commissioner Tyler noted the existing building was not using its parking spaces, but using the street. 14. Commissioner Daniels stated they could control their employees parking locations. The Planning Commission is not in the habit of delaying a project, but they are concerned with approving a project that is appropriate in regard to the zero lot lines. The issue is whether or not the two buildings can match with zero lot lines or need setbacks. The Commission is trying to have a cohesive block. 15. Commissioner Daniels asked if they could break the issue into two parts. First the building. He would prefer to see the treatment all around the building. Mr. Brudvik has stated he will not be building the same type of architecture so this is not going to match. Which leads him to believe this builidng should have the five foot setback. 16. Commissioner Quill noted this building could not be a zero lot line with the plans as submitted. The roof line would extend beyond the property line. The building as proposed is designed for a setback. He would like to see this continued for at least two weeks and ask the applicant to redraw the plans. 17. Commissioner Tyler asked if this body had the ability to differ from the zero lot line or five foot setback. Assistant City Attorney Michael Houston asked if the rafters would extend over the property line. Commissioner Tyler stated they intrude over. Assistant City Attorney Michael Houston stated they cannot do this unless there is an agreement with the adjoining property owner. Staff stated the development standards are flexible to allow up to a zero lot line. The applicant can chose an alternative. The Uniform Building Code requires a five foot setback. The Commission may want to consider that if a zero lot line is agreed upon, the applicant can provide some architecture treatment on the blank walls. r•\\A/Dlll1�'C\D!` AA;-..+ X'2_O_/lA%Ain A-- 6 Planning Commission Minutes March 9, 2004 18. Chairman Kirk stated he would prefer to have a zero lot line, but on two elevations create an atrium or vaulted area with windows, or skylights coming into the suites. It should be possible to do both the zero lot line and a treatment that would blend with the neighboring building. 19. Commissioner Quill stated the plans submitted here do not work on a zero lot line that cannot drain onto the adjacent property. The whole roof plan does not work with a zero lot line. We can suggest the five foot setback and ideas to improve the look. He likes the underground parking and the elevations are good and in keeping with the neighborhood. 20. Commissioner Tyler stated it is a nice building but wonders if it is too much. 21. Chairman Kirk stated he has no issue with the parking, but the building needs something. The tower element is appealing and they may want to improve on this. In the parking area they may want to create two driveways with one in and one out on different streets. This would create less activity coming out of each. He asked staff if access off of Calle Tampico was allowed. Assistant City Engineer Steve Speer stated it is an Arterial street; you have to be 200 feet from the corner. 22. Mr. Steve Nieto, the architectural designer of the building, stated the building was designed knowing their would be buildings adjacent. When they found out they had to go to a zero lot line, it was evident the building needed to be pushed back into the zero lot line. The windows should have been eliminated. They are willing to treat the wall and give it some appeal. It was his understanding that Mr. Brudvik was going to go to the zero lot line as well. Therefore he designed this building to merge the two buildings. He agrees it is zero for both or setback for both. 23. Chairman Kirk asked the applicant to explain the circulation plan. Mr. Lucas Coronel stated they initially wanted the traffic to enter off of Calle Tampico and exit onto Avenida Navarro. Chairman Kirk asked about the use of the patio area. Mr. Nieto stated it is designed with interlocking concrete pavers and it has no intended use other than public use. Planning Commission Minutes March 9, 2004 24. Commissioner Quill stated it would be to their advantage to elevate the landscape in a rendering. Mr. Neito stated the corner treatment could be done in elevations. Discussion followed regarding potential designs. 25. It was moved and seconded by Commissioners Tyler/Abels to continue Village Use Permit 2004-021 to March 23, 2004, asking the applicant to: a. Work with neighbor to come to an agreement on what both will be doing; and b. Come back with a rendering showing some visual relief on the two side elevations. Unanimously approved. VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. There was no City Council report on the March 2, 2004 meeting. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Quill/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on March 23, 2004, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:20 p.m., on March 9, 2004. Res ctfully submitted, y . Sawyer, Executive Secretary City of La Quinta, California 4i 6 rr-%%A1DnnrrckDrr KA;n,.+e.%'1_o_nAXn1rA a.,.. 8 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 23, 2004 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Executive Secretary Betty Sawyer to lead the flag salute. B. Present: Commissioners Jacques Abels, Rick Daniels, Paul Quill, Robert Tyler, and Chairman Tom Kirk. C. Staff present: Interim Community Development Director Oscar Orci, Assistant City Attorney Michael Houston, Assistant City Engineer Steve Speer, Principal Planners Stan Sawa and Fred Baker, Associate Planners Wallace Nesbit and Martin Magana, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of February 24, 2003. Commissioner Tyler asked that Page 1, Item B be corrected to read, "...commercial development guidelines had been..."; Page 2, Item 4 delete Commissioner Daniels from the motion. There being no further corrections, it was moved and seconded by Commissioners Abels/Daniels to approve the minutes as corrected. B. Department Report: None. V. PUBLIC HEARINGS: A. Continued - Village Use Permit 2004-021; a request of Coronel Enterprises for consideration of a request to construct a two-story, 15,525 square foot office building on a .30 acre site located at the southwest corner of Calle Tampico and Avenida Navarro G:\WPDOCS\PC Minutes\3-23-04.doc 4 0- 7 Planning Commission Minutes March 23, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler commended the applicant on the redesign of the project. 3. Chairman Kirk asked if the applicant would like to address the Commissioner. Mr. Lucas Coronel, representing the applicant, stated they had mitigated the issues with the adjoining property owner and the issues raised at the last meeting. 4. Chairman Kirk asked if there was any other public comment. Mr. David Brudvik, 78-120 Calle Estado, stated that all the items of concern had been addressed and he had no further issues. 5. There being no further questions, and no other public comment, Chairman Kirk closed the public participation portion of the hearing and opened the matter for Commission discussion. 6. It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2004-020 approving Village Use Permit 2004-021, as amended: a. Condition #1 1: Delete California Water Quality b. Condition # 12: Remove the language except compliance with the PM 10 requirements and Wind Erosion Control C. Conditions #21-24: Delete ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. B. Site Development Permit 2003-796; a request of Madison Development, LLC for consideration of architectural and landscaping pans for five new single-family prototype residential units with 11 different elevations within the Estates at Point Happy development. 408 G:\WPDOCS\PC Minutes\3-23-04.doc 2 Planning Commission Minutes March 23, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked that Condition #6 be clarified to stated the exterior garden wall. Conditions # 11 and # 13 should be deleted. 3. Commissioner Quill asked if a single tile mudded roof was being used. Staff stated yes. 4. Chairman Kirk asked staff for clarification on the City Council's decision on the access. Staff clarified Option 2A was approved by Council with Option 5 as a default. Chairman Kirk asked staff to identify the letters that had been received expressing concern about the project. Staff explained the letters were not a part of the applicant's request. 5. There being no questions of staff, Chairman Kirk asked if the applicant would like to address the Planning Commission. Mr. Rick Wilkerson, representing the applicant, stated he was available to answer any questions. 6. Commissioner Tyler asked about the original entrance gates. Mr. Wilkerson stated it had been determined they are not historic and they intend to create new elaborate entry gates. Commissioner Tyler asked the material of the garage doors. Mr. Wilkerson stated they would be a simulated wood. 7. Mr. Rob Parker, RGA Landscape Architect, asked about the condition regarding setbacks. He noted there was one floor plan that does have a front -loaded courtyard which makes the front setback appear greater than if the entire front of the house was pushed back to the front setback to allow variation in the streetscape. Second, they have eliminated the Chilean mesquite from the plant palette. The building material and colors are consistent. The Eldorado stone will be used on the main entry. G:\WPDOCS\PC Minutes\3-23-04.doc 3 0 Planning Commission Minutes March 23, 2004 8. There being no further questions, and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 9. Commissioner Tyler asked if the landscaping and gate would be brought back to the ALRC and Commission for review. Staff stated the ALRC requested the landscaping along Washington Street be brought back to them and staff is asking that staff be allowed to review and approve the plans if the Commission approves what is .presented at this meeting. 10. Commissioner Quill asked . that a materials sample board be submitted. 11. Chairman Kirk stated he would lean toward approving the entry as submitted, but if the access changes, he would like to see the entry design brought back. 12. It was moved and seconded by Commissioners Tyler/Abets to adopt Planning Commission Resolution 2004-021 approving Site Development Permit 2003-796, as amended: a. Condition added: If an alternative access is used, the entry design is to come back for Planning Commission review. b. Condition #6: Clarify to refer to the exterior garden wall. c. Condition #1 1: Clarify to read "...shall comply with those plans submitted..." d. Condition #13: deleted. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. C. Site Development Permit 2004-773; a request of California Cove Communities for consideration of architectural plans for three new single- family prototype residential units with two different facades for each plan located at the northwest corner of Monroe Street and Airport Boulevard within the Greg Norman Course. 410 G:\WPDOCS\PC Minutes\3-23-04.doc 4 Planning Commission Minutes March 23, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked whether or not the bedroom was included with the casitas for the Plan 1 as it appeared to be very small if it was. Staff stated the applicant would need to answer this. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Chris Young, representing the applicant, stated they have reviewed the conditions and have no problems. 4. Commissioner Tyler asked if the bedroom was included in the casitas. Mr. Young stated yes. 5. There being no questions of the applicant and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 5. It was moved and seconded by Commissioners Abels/Quill to adopt Planning Commission Resolution 2004-022, approving Site Development Permit 2004-773, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. D. Environmental Assessment 2004-496 and Tentative Tract Map 31910; a request of John Megay & Associates for consideration of certification of a Mitigated Negative Declaration of environmental impact; and the subdivision of 38.85 acres into 132 single-family residential lots located on the west side of Monroe Street, '/4 mile north of Avenue 58. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the report a copy of which is on file in the Community Development Department. G:\WPDO.CS\PC Minutes\3-23-04.doc 411 5 Planning Commission Minutes March 23, 2004 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if the tract had only one access. Staff stated yes and the project also has an emergency access. 3. Commissioner Tyler asked the purpose of the recreation amenity lot. Staff stated it has not been defined in regards to any structures. Commissioner Tyler asked staff for the location of the three easements on the drawings. Staff stated the applicant would need to answer this. 4. Commissioner Quill asked if the southerly tract was developed. Staff stated no, they have submitted an application for a second time extension. 5. Commissioner Daniels asked if the existing house was a part of this project. Staff stated it will not be a part of the development. Commissioner Daniels asked if there would be any redevelopment of this separate lot. His concern is that if this tract were approved there would be a tract with one access and a lot that has one access onto Monroe Street. Staff stated it is a separate lot that is not a part of the tract. 6. Chairman Kirk asked if the applicant would like to address the Commission. Mr. John Megay, the applicant, stated they had spoken with the owners of the separate parcel and were told they have no interest in selling so they will be constructing a wall around their property excluding this parcel. He then went on to describe the project. 7. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill asked if the applicant was being required to improve the frontage of the separate parcel. Mr. Megay stated he would be willing to do the curb and gutter to its ultimate width. Assistant City Engineer Steve Speer stated staff would have to look into the right of way needed. Commissioner Quill asked if the applicant could be required to acquire the needed right of way and dedicate it to the City in a timely manner. Mr. Megay stated he had no problem with this requirement. 412 G:\WPDOCS\PC Minutes\3-23-04.doc 6 Planning Commission Minutes March 23, 2004 8. Commissioner Tyler asked the applicant to identify the easements. Mr. Matt Petroni, engineer for the project, stated they are roads associated with the existing agricultural work, access for Imperial Irrigation District and CVWD. Commissioner Tyler asked the use of the recreational lot. Mr. Megay stated they have not defined it as of yet, but they are considering a clubhouse and/or a sports workout building. 9. Chairman Kirk asked if there was any other public comment. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 10. Commissioner Daniels stated he still believes a second access could be created from the separate parcel. He asked if staff knew when this property was separated from this larger parcel. Staff stated it was unknown. 11. Chairman Kirk stated he would like this tract designed to provide for a future access with an easement through this separate parcel. He suggested staff work with the applicant to see if this could be accomplished. 12. Commissioner Quill asked if the applicant had been conditioned to install the curb and gutter in front of the separate parcel. Staff stated at present it is not required. Assistant City Attorney Michael Houston stated a lender would not allow an easement on an adjacent property owner. Commissioner Quill asked why Lot J could not be extended to Monroe Street. Discussion followed regarding potential alternatives. 13. Following discussion, it was moved and seconded by Commissioners Quill/Abets to adopt Planning Commission Resolution 2004-023 certifying a Mitigated Negative Declaration for Environmental Assessment 2004-496, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 14. It was moved and seconded by Commissioners Quill/Tyler to adopt Planning Commission Resolution 2004-024 approving Tentative Tract Map 31910, as amended: 413 G:\WPDOCS\PC Minutes\3-23-04.doc 7 Planning Commission Minutes March 23, 2004 a. Condition added: Applicant shall make every effort to acquire the needed right of way on Monroe Street in front of the separate parcel in a timely manner and construct the needed sidewalk, curb and gutter. b. Condition added: the applicant's engineer shall work with staff to pursue the opportunity of providing a future 36 foot access into this separate parcel whether by easement or some other means and such drawings be presented to the City Council for approval. 15. Chairman Kirk expressed his concern regarding the potential of the separate parcel having access onto Monroe Street at some time in the future. Discussion followed regarding clarification on what the Commission was asking regarding. a potential access. 16. Assistant City Attorney Michael Houston stated there are potential solutions such as creating a lot that could be owned by the HOA for potential stubbing, but if the concept is to have the lot retained by a private party for building, a lender would probably not allow that sort of easement nor would a title company be likely to allow it. Commissioner Quill asked why Lot J could not be extended to have a potential connection to Monroe Street. Maybe what should be considered is an emergency access gate where Lot R comes into the project. 17. Commissioner Quill/Tyler withdrew their motion to allow further discussion. 18. Chairman Kirk reopened the public hearing to allow further discussion. 19. Assistant City Engineer Steve Speer stated that if a secondary access is desired for this tract it could be by extending the cul-de- sac to Monroe Street. The Palms project to the north, does not have any access onto Monroe unless it is an emergency access. 20. Chairman Kirk stated his concern is not the lack of a second access but to limit the access onto Monroe for the separate parcel. The point raised was that the City could not restrict that parcel from having access onto Monroe Street. He asked that even if this parcel was redeveloped in the future and there was an option 414 G:\WPDOCS\PC Minutes\3-23-04.doc 8 Planning Commission Minutes March 23, 2004 for an easement or roadway through this parcel or could they be restricted to provide something at this meeting? Assistant City Attorney Michael Houston stated they could but because there is no discretionary approval at this time for that separate parcel, it is academic at this time. Mr. Petroni, applicant's engineer, stated it is possible to extent Street B to the south property line to allow a landscape easement. Discussion followed regarding potential alternatives. 21. There being no further discussion, Chairman Kirk closed the public hearing and opened the matter for Commission discussion. 22. It was moved and seconded by Commissioners Quill/Abets to adopt Planning Commission Resolution 2004-024, approving Tentative Tract Map 31910, as amended: a. Condition added: Condition added: Applicant shall make every effort to acquire the needed right of way in front of the separate parcel in a timely manner and construct the needed curb and gutter. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. E. Site Development Permit 2004-800; a request of Jack Tarr Development for consideration of a request to allow construction of a 12,000 square foot grocery store located at the southeast corner of Washington Street and Simon Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked about the parking requirements. Staff stated it is based on the requirements of the Specific Plan for the entire site which includes shared parking. The parking is being tracked as each new business comes in for their site development permit. 415 G:\WPDOCS\PC Minutes\3-23-04.doc 9 Planning Commission Minutes March 23, 2004 3. Chairman Kirk asked if Simon Drive would continue to allow on - street parking. Senior Engineer Steve Speer stated it is a policy decision at the discretion of the City Council. It is a nonconforming local street. It has 64-feet between curbs. Chairman Kirk stated his concern is that some of those who now park on the street will use the new parking lot. 4. Commissioner Quill asked if the egress and ingress driveway that has a right -in, right -out onto Washington Street southerly of Simon Drive is approved. Staff stated yes. Commissioner Quill asked if the access closest to Avenue 47 would have a deceleration lane. Assistant City Engineer Steve Speer stated they have been conditioned to install a decleration at this entrance and at Simon Drive. He went on to explain the purpose of deceleration lanes. Commissioner Quill stated his concern is the amount of traffic generated by these businesses on these access points. Staff stated a lot of discussion has been taking place by staff and the Council to coordinate the signals to alleviate any traffic problems. Discussion followed on traffic alternatives. 5. Commissioner Quill asked if the Commission could require the second access be removed. Staff stated one access on Simon Drive was approved under the Specific Plan and it would require an amendment to the Specific Plan to change it. The applicant is now showing two accesses which is a change from the Specific Plan. Assistant City Attorney Michael Houston stated the Municipal Code requires as a finding that circulation and other issues comport to the surrounding area. It would be appropriate to allow conditions to make it better, but removing it would require a Specific Plan Amendment. The applicant is not able to add the second access without a Specific Plan Amendment. Discussion followed regarding what was approved under the Specific Plan and the accesses indicated on the Site Development Permit. 6. Commissioner Tyler questioned Condition #35 where it refers to a primary entry and secondary entry on Simon Drive. Staff stated the easterly access is the secondary entry. Assistant City Engineer Steve clarified why traffic exiting the Center is not allowed to turn left onto Simon Drive. 7. Commissioner Daniels suggested the westerly access onto Simon Drive be eliminated. 416 G:\WPDOCS\PC Minutes\3-23-04.doc 10 Planning Commission Minutes March 23, 2004 8. Commissioner Quill asked for clarification on whether or not the access just south of Simon Drive on Washington Street could be eliminated without a Specific Plan Amendment. Assistant City Attorney Michael Houston stated in his first reference he was referring to the access off Simon Drive. The access just south of Simon Drive can not be eliminated without a Specific Plan Amendment. Commissioner Quill asked if the Commission could condition it to be a right out only. Assistant City Attorney Michael Houston stated he would need to review the circulation plan, but he believes that it could be done. After reviewing the plan, he determined it could not be made a right -out only because the Specific Plan allows both a right -in and right -out. Commissioner Quill stated if you don't allow a right turn in, you can eliminate rear end collisions. Assistant City Engineer Steve Speer stated the applicant would need to conduct a study to determine a deceleration lane is needed before a deceleration lane is required. 9. Commissioner Daniels asked if Condition #35 would change if the westerly access were eliminated. Staff stated they would not recommend changing the median island configuration. 10. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Bill Sanchez, representing Washington Park 1 1 1, stated they concur with most of the conditions except 32.A.1.d. They do not believe they should be conditioned to pay for the signal that is being required because of a residential development across the street from their project. 11. Mr. Dan Ruiz, Keith Companies, spoke on the traffic study prepared for their Environmental Assessment prepared for the Specific Plan which stated a traffic signal was not warranted. 12. Commissioner Tyler asked if a signal was identified at any other location fronting Washington Street. Mr. Ruiz stated the existing signal was identified at Avenue 47. The other two entrances including Simon Drive were identified as right in, right out and left in only. This is how the entitlements have been proceeding under the Specific Plan. 13. Ms. Marleen Allen, attorney for the applicant, stated the Specific Plan and mitigation measures identified in the Environmental G:\WPDOCS\PC Minutes\3-23-04.doc Planning Commission Minutes March 23, 2004 Assessment have been imposed and they are paying impact fees in regard to any traffic issues and it would be unfair to require them to pay 25% of the traffic signal. They are concerned'that with the construction of this signal there may be problems with too many signals too close together. 14. Chairman Kirk asked if the City was changing the rules on requiring the signal. Assistant City Attorney Michael Houston stated it is appropriate for new conditions to be placed on a project despite CEQA review in that this is a discretionary approval. There are no vested rights and no certainty that additional conditions cannot be imposed on an applicant, in general, at a later date when a discretionary approval occurs. If a 25% contribution were required, based on previous studies, he would like to see further documentation, such as a traffic study, to determine this. Chairman Kirk stated he is confused as to how conditions can be changed in regard to access, but conditions cannot be changed in regard to the signal. Assistant City Attorney Michael Houston stated the Specific Plan allows development consistent with an over -arching set of guidelines, but an off -site improvement like this would be acceptable based on findings being made that additional traffic was being implicated by this project. This is not in conflict with the Plan. Assistant City Engineer Steve Speer stated the City believes it has the right to require the 25% as it will benefit the project. The original traffic study did identify certain circulation patterns. If the signal is installed the circulation pattern for this project will change dramatically and it will more than likely be this project that will trigger the signal with the amount of traffic it will generate. 15. Commissioner Daniels asked if the environmental documentation that included the traffic study, were not all these factors included in the traffic study. Staff stated no, because the City's General Plan prevented Simon Drive from being a full turn intersection. The applicant, Washington Park 1 1 1, analyzed their project based on the General Plan requirements at that time. When that City Council adopted the change to the General Plan the premise changed. Commissioner Daniels asked how the 25% figure was determined. Staff stated it is determined by how many corners are owned by the applicant. Ms. Allen stated that when the Specific Plan was adopted, the Environmental Assessment took into consideration this development and the change in the 418 G:\WPDOCS\PC Minutes\3-23-04.doc 12 Planning Commission Minutes March 23, 2004 circumstances is due to the housing project and not this project. It does not seem appropriate to charge this project for other things that are happening in the area for a signal that was not indicated as warranted when their Specific Plan was adopted. There must be a nexus between the condition and the project it is being imposed on. Therefore, it would be more appropriate for the housing project to incur the cost. 16. Mr. Michael Coretty, KKE Architects, suggested eliminating the easterly access and having one full turning movement off Simon Drive. 17. Mr. Bill Sanchez stated they would consider one full turning movement off Simon Drive. 18. There being no further questions of the applicant and no other public comment, Chairman Kirk closed the public participation portion of the hearing and opened it for Commission discussion. 19. Commissioner Daniels clarified that the accesses off Washington Street will remain as defined in the Specific Plan. He would recommend closing the westerly access off Simon Drive and the easterly access have the median extended. -In regard to the signal, when the traffic study was first completed it did not call for the signal and Simon was a right -in, right out only. With the signal and a full four-way traffic, it now warrants the signal which is a change in circumstances that warrants the signal. The nexus is that once a four way traffic circulation is created it warrants the signal and this justifies the signal. 20. Commissioner Quill agreed and stated he also agrees the full movement will provide better access for this project. The signal will generate a better access for Trader Joes which is a benefit to the business and should negate the cost of the signal. He would also like to request a deceleration lane on the second access off Washington Street. 21. Chairman Kirk stated he is having a problem with the procedural issues. 413 G:\WPDOCS\PC Minutes\3-23-04.doc 13 Planning Commission Minutes March 23, 2004 22. Commissioner Tyler stated that although it was not identified in the 2002 traffic study, discussions have taken place to have a signal at the southerly access to this project. 23. Chairman Kirk asked staff which access point would be best to close. Staff recommended closing the westerly access off Simon Drive and the immediately south access off Washington Street. Staff stated that if the easterly access off Simon Drive is closed, the access into the site is a right -in, right out. Staff would recommend closing the westerly access which eliminates the median and the cut -through traffic. Assistant City Attorney Michael Houston stated the Specific Plan identifies two accesses off of Washington Street, south of Simon Drive as being both right -in, right -out. With the two entries on Simon Drive would not be allowed as the Specific Plan states only one access way is permitted. The turn signal was not considered by the Specific Plan. There are reasons to require a study which may require an addendum to the environmental. Discussion followed as alternatives available to the Commission. 24. It was moved and seconded by Commissioners Tyler/Quill to adopt Planning Commission Resolution 2004-025 approving Site Development Permit 2004-800, as amended: a. Condition #32.A..1.a. corrected: "...east curb face shall be located at 58 feet..." and a requirement for a deceleration lane for the access directly south of Simon Drive. b. Condition #35: The easterly access point on Simon Drive shall be closed and the westerly access will be a full turn movement. C. Condition added: A traffic study shall be completed by the applicant to determine the nexus for the signal, as well as an analysis of traffic usage for the signal to determine if deceleration lanes are needed on all three accesses off Washington Street north of Avenue 47 including Simon Drive. 25. Chairman Kirk reopened the public comment. Mr. Sanchez stated they would object to the deceleration lane for the southerly access on Washington Street. 420 G:\WPDOCS\PC Minutes\3-23-04.doc 14 Planning Commission Minutes March 23, 2004 26. Chairman Kirk closed the public comment portion of the hearing. 27. Commissioners discussed what accesses would be conditioned regarding decelerating lanes. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. Chairman Kirk recessed the meeting at 9:45 and reconvened at 9:52 p.m. F. Village Use Permit 2004-022; a request of Santa Rosa Plaza, L.L.C. for consideration of development plans for a 3,678 square foot commercial office building located north of Calle Tampico, east of Avenida Bermudas. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler stated the requirements on the rear elevation are not warranted. The common area should be part of the site plan and not landscape plan. The block wall height should be stipulated. 3. Chairman Kirk confirmed that the parcels to the south are part of this Specific Plan. 4. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Jim Jansick, Keith Companies, gave a description of the site. Chairman Kirk asked the purpose of the large vacant lot. It appears to be a large back yard with no functional access. Mr. Jansick stated it really has no functional purpose. 5. There being no further questions of the applicant and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 6. Commissioner Quill stated the elevations appear to be more in keeping with Highway1 11 designs, rather than the Village. G:\WPDOCS\PC Minutes\3-23-04.doc 15 4 '{ Planning Commission Minutes March 23, 2004 7. Commissioner Tyler expressed concern as to the rear elevations. 8. It was moved and seconded by Commissioners Daniels/Abels to adopt Planning Commission Resolution 2004-026 approving Village Use Permit 2004-022, as amended: a. Condition #27: amended to require the architecture articulation for the entire south elevation. b. Condition #26.B.: renumbered to become its own condition. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler. NOES: Chairman Kirk. ABSENT: None. ABSTAIN: None. G. Environmental Assessment 2004-499, General Plan Amendment 2004- 098, Zone Change 2004-118, and Tentative Tract Map 32119; a request of Mayer Villa Capri for consideration of certification of a Mitigated Negative Declaration, General Plan Amendment and Zone Change from Community Commercial to Neighborhood Commercial and Low Density Residential and a request of Trans West Housing for the subdivision of 15 acres into 48 single-family residential lots located northeast of the intersection of Washington Street and Fred Waring Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked how much commercial property will be lost if the zone change is approved. Staff explained the loss would be 15 gross acres from the Community Commercial for a total of 63 vacant acres from the Community Commercial designation since the updated General Plan was adopted. Commissioner Daniels asked if there were any other areas that could be designated as commercial to make up this loss. Staff stated they were unaware of any currently being planned. Commissioner Daniels asked how much revenue would be lost with this change in land use, or have circumstances changed to cause this land use modification since the General Plan update. Staff stated they did not know of any change in circumstances but G:\WPDOCS\PC Minutes\3-23-04.doc 16 4 22 Planning Commission Minutes March 23, 2004 concerns had been raised by the adjoining residents regarding the density in the area with a previous application that was processed in the area. 3. Commissioner Tyler asked if staff had any conversation with anyone who would like to develop the commercial. Staff stated they have had none. Commissioner Tyler asked if this project were approved, would they be improving only that section of Fred Waring Drive in front of this development. Assistant City Engineer Steve Speer stated no, they will be required to do the street improvements for the entire length west to Washington Street. 4. Commissioner Daniels asked the difference between the uses of Community Commercial and Neighborhood Commercial. Interim Community Development Director Oscar Orci stated the ability to have retail stores over 50,000 square feet are prohibited under Neighborhood Commercial and the minimum parcel size is different for both. 5. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Larry Brose, representing Mayer Villa Capri, stated they concur with staff's position and conditions. They own the entire site, but Trans West Housing will be developing the residential. They will maintain ownership on the commercial site with another entity. They have no objection to improving the entire frontage along Fred Waring Drive. 6. Commissioner Tyler asked how they envisioned Lot 1 being marketed. Chris Schultz, representing Trans West Housing, explained their proposed use of the residential site. 7. There being no questions of the applicant and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 8. Commissioner. Daniels asked the minimum lot size for Community Commercial. Interim Community Development Director Oscar Orci stated the General Plan under Table 2-1 states Community Commercial sizes shall range from 20-30 acres. This site was approved under a parcel map application. The action before the Commission will be consistent with the General Plan. G:\WPDOCS\PC Minutes\3-23-04.doc 14403 Planning Commission Minutes March 23, 2004 9. Commissioner Tyler stated the project as designed is not in compliance with the General Plan. The residential design is sterile and shows no interest. The remaining Neighborhood Commercial size is too small to create any substantial project that would create interest for the entry to the City. There is no buffer between the residential and commercial, nor the school district. He cannot support this project as designed. 10. Commissioner Quill stated he thinks there is a market for Lots 1- 10 and Lots B and C are good buffers from the commercial. Curvilinear streets do not lend themselves to this rectangular parcel. The fact that there is that much commercial in the neighborhood north and south of this site is a good reason to downsize the commercial in this area. 11. Commissioner Tyler stated he would never support a big box at this location. 12. Commissioner Daniels stated he too would not be able to support this plan. It is not consistent with the General Plan just adopted by the Council two years ago. The amount of commercial lost is traumatic for the City. There is still a great demand for commercial activity in this area. He would like to know how this was parceled in this manner. 13. Chairman Kirk stated he too could not support the project as designed. The expectations of the residents and the City may be different. Designed as a 20 acre site would do better. He too would like to know how this happened. 14. It was moved and seconded by Commissioners Tyler/Daniels to adopt Minute Motion 2004-006, denying the project. ROLL CALL: AYES: Commissioners Abels, Daniels, Tyler, and Chairman Kirk. NOES: Commissioner Quill. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: A. Continued — Appeal of Public Nuisance Case 9693; a request of Robert and Barbara Valdivia for consideration of an appeal of a public nuisance for the property located at 54-360 Avenida Juarez. G:\WPDOCS\PC Minutes\3-23-04.doc 18 4' Planning Commission Minutes March 23, 2004 1. Staff informed the Commission that the City and Valdivias were requesting a continuance to allow the Building and Safety Department time to work out issues with the Valdivias. 2. It was moved and seconded by Commissioners Tyler/Abels to continue Appeal of Public Nuisance Case 9693 to April 27, 2004. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. There was no City Council report on the March 16, 2004 meeting. IX. ADJOURNMENT: There being no further business, it was. moved and seconded by Commissioners Abelsl/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on April 13, 2004, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 10:48 p.m., on March 9, 2004. ABe ctfully submitted, V.Sawyer, Executive Secretary City of La Quinta, California � �' 5 G:\WPDOCS\PC Minutes\3-23-04.doc 19 4' DEPARTMENT REPORT: MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THOMAS P. GENOVESE n� CITY MANAGER /(Y DATE: APRIL 16, 2004 SUBJECT: PRELIMINARY BUDGET FOR FISCAL YEAR 2004/2005 Staff is currently compiling the preliminary budget for the Fiscal Year 2004/2005. The City Manager's Office has held meetings with each of the Department Directors for review of the Department requests. The Finance Director is currently developing the revenue forecasts for review by the City Manager. Upon completion, staff will continue development of the budget for submittal to the City Council. Staff currently anticipates that the preliminary budget will be available in the beginning of June. 446 Department Report: ort: I —A p --r- �a .t r �w OF TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager �.Q 6 DATE: April 20, 2004 SUBJECT: Department Report - Response to Public Comments The following public comments were made at the April 6, 2004, City Council meeting: 1. Jim Murphy, 77-947 Lago Drive, requested an item be added to the Capital Improvement Program to extend the Montero Estates sound wall 1,751 feet to the east boundary of La Quinta Country Club. • In response to Council Member Henderson, Public Works Director Jonasson stated the wall is proposed as an additional project in the CIP and can be considered as an addition to the DIF 27 Department Report: a- A TO: The Honorable Mayor and Members of the City Council CC: M. Katherine Jenson, City Attorney A FROM: Michael R.W. Houston, Assistant City Attorney DATE: April 20, 2004 SUBJECT: City Attorney Department Report — Point Happy/Madison Development, LLC Acquisition of Private Residences Located on Singing Palms Drive BACKGROUND On March 16, 2004 the City Council adopted Resolution 2004-35, approving Tentative Tract Map No. 31348 with conditions, for the subdivision of 37.82 acres into 73 lots for the property located at 46-201 Washington Street by Madison Development, LLC. During the public hearing, the City Council was presented with several circulation options to provide ingress and egress into the property. Option 2A recommended that ingress and egress to the tract be provided by an access driveway from a newly reconfigured intersection at Singing Palms Drive and Washington Street. Additionally, Option 2A provided that the intersection would be signalized. The improvements contemplated in Option 2A require the acquisition of two private residences, 78550 and 78590 Singing Palms Drive. This option was ultimately approved by the City Council as its first preference, subject to Madison Development LLC's ability to successfully acquire the two residential properties. However, in the event that the developer was unable to acquire the properties, the City Council selected Option 5 (access provided by a right -in only driveway from the reconfigured frontage road near the southerly portion of the tract) as its default option. 1. Condition to Use Good Faith Efforts to Acquire Adjacent Property for Signalization of the Washington Street/Simon Drive Intersection. The City Council approved the following condition with respect to circulation for the property: Condition No. 9: The subdivider shall use its best, good faith efforts for the next 30-day time period to reach an agreement with the owners of the two properties which would need to be acquired for the construction of a signalized intersection at Simon Drive and Washington Street (the 2(A) option). The City Manager shall designate a representative of the City to participate in the meetings. If the subdivider is not successful in reaching agreements for acquisition of the necessary properties within the 30-day period, the default access option identified as Access Option 5 in the presentation to the City Council on March 16, 2004, shall be implemented in place of Access Option 2A. The City Manager designated the Assistant City Attorney to act as a mediator and observer to determine whether Madison Development satisfied its obligations under Condition No. 9. 2. Madison Development, LLC's Compliance With Condition No. 9. On March 23, 2004 Madison Development, LLC representatives, Mr. Rick Wilkerson and attorney Daniel Olivier, met with Mr. Robert Morin, an owner of the property located at 78550 Singing Palms Drive, his attorney Renell Burch, and with Mr. Wilfred Huerta, an owner of the property located at 78590 Singing Palms Drive. The Assistant City Attorney was also present. The meeting took place at La Quinta City Hall and lasted approximately 1 '/2 hours. The parties discussed potential purchase prices and terms relating to Madison Development, LLC's possible acquisition of 78550 and 78590 Singing Palms Drive. Although the parties negotiated sales prices and managed to narrow the differential between the owners' sale and Madison Development LLC's purchasing prices, no concrete resolution was reached at the March 23 meeting. However, Madison Development LLC agreed to provide the owners with executed purchase agreements on pricing and terms similar to those discussed at the March 23 meeting. Additionally, Mr. Wilkerson made it clear to the Assistant City Attorney that Madison Development's offers would not be subject to further counter offer by Madison Development, LLC and would be subject to other terms and conditions necessary to effect the intent of Condition No. 9 (i.e., each purchase agreement would be contingent upon Madison Development, LLC acquiring both properties, the terms of the purchases would be confidential, and the closing date of the 2 429 transactions would coincide with Madison Development, LLC obtaining its construction loan) . Following the March 23 meeting, Madison Development, LLC transmitted purchase offers to the respective owners. Representatives from Madison Development, LLC also communicated with the City Attorney and the Assistant City Attorney as to the progress of the negotiations with the property owners. On April 14, 2004, Mr. Rick Wilkerson confirmed to the Assistant City Attorney that the owners of both properties had executed purchase agreements to sell their respective properties to Madison Development, LLC. The Assistant City Attorney was informed that the transactions would close on, or shortly after, the date Madison Development obtained its construction loan (approximately May 5, 2004). CONCLUSION Subject to the closing of these two purchase and sale transactions, it appears that the conditions precedent (i.e., acquisition of the two residential properties) to implement Option 2A will be satisfied. As a result, pending the close of the two sale transactions, it appears that it will be possible to reconfigure and signalize Washington Street and Simon Drive as contemplated in Option 2A. Based on the conduct of representatives from Madison Development, LLC at the March 23 meeting, and in Madison Development, LLC's subsequent communications with the Assistant City Attorney and the adjacent property owners, the Assistant City Attorney concludes and hereby reports to the City Council that Madison Development, LLC has fulfilled the obligation contained in Condition No. 9 to "use its best, good faith efforts for the next 30-day time period to reach an agreement with the owners of the two properties which would need to be acquired for the construction of a signalized intersection at Simon Drive and Washington Street (the 2(A) option)." 3 430 DEPARTMENT REPORT: qoeie ' a F �,�'rcnwau sQ OF T9 TO: Mayor and Members of the City Council FROM: June Greek, City Clerk CA DATE: April 20, 2004 SUBJECT: City Council Summer Schedule In previous years, the City Council has chosen to approve a modified summer schedule, holding only one City Council meeting during August and/or September. Should this be Council's pleasure again this year, direction to the City Clerk to adjourn the designated meeting(s) due to lack of a quorum would be in order. The regular meetings scheduled for August, 2004 are: August V and August 17th and in September: September 7th (the day after Labor Day) and September 21 st. Staff would appreciate receiving Council direction so public hearings and other matters can be scheduled accordingly. DEPARTMENT REPORT: A APRIL 20 APRIL 21 APRIL 24 APRIL 27 MAY 4 MAY 8 CITY couNaUs UPCOMING EVENTS CITY COUNCIL MEETING SPECIAL REDEVELOPMENT AGENCY MEETING COMMUNITY PICNIC & BIRTHDAY - FRITZ BURNS PARK 10:00 A.M. JOINT CITY COUNCIL/PLANNING COMMISSION MEETING CITY COUNCIL MEETING LA QUINTA FIRE STATION DEDICATION - 9:00 A.M. MAY 13 SENIOR CENTER HOE-DOWN LUNCHEON/ DESSERT BAKE -OFF COMPETITION 11:30 A.M. -1:30 PAL MAY 18 CITY COUNCIL MEETING JUNE 1 CITY COUNCIL MEETING JUNE 15 CITY COUNCIL MEETING JUNE 17 SENIOR CENTER SALAD DAYS LUNCHEON 11:30 A.M. -1:30 PA& 432 April 2004 La Quinta City Council Monthly Planner Sunday r1lonclay iuesaay 1rit e a n c s;#A F-1 lual, �JCILVl Ucly NMI 1 2 3 March May S M T W T F S S M T W T F S 6 1 2 3 4 5 7 8 9 10 11 12 13 2345678 fill 9 10 11 12 13 14 15 14 15 16 17 18 19 20 16 17 18 19 20 21 22 21 22 23 24 25 26 27 i i 23 24 25 26 27 28 29 28 29 30 31 3031 11 ni 4 5 6 7 8 9 10 2:00 PM City Council 10:00 AM ALFIC 12:00 PM Energy/Envi- Meeting Sniff 7:00 PM Cultural Arts Daylight Savings Time Commission 9:00 AM Annual Egg Hunt - La Uuinta Community Park 11 12 13 14 15 16 17 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 10:00 AM Pub. Sfty- Abate. -Perkins Henderson Perkins 7:00 PM Planning 5:30 PM Investment Easter 12:00 PM Transp-Perkins Commission Advisory Board 6:00 PM League - Henderson 6:00 PM Special City Council Meeting 18 19 20 21 22 23 24 7:00 PM Community 9:00 AM CVA-Henderson 3:00 PM Special RDA 9:00 AM LAFCO- 10:00 AM Community Services Commission 2:00 PM City Council Meeting (Branding) Henderson Picnic & Birthday - Fritz Meeting Meeting 3:00 PM Historic Preser- Burns Park vation Commission 25 26 27 28 29 30 !,I.!!!.!; ik'iE ! 6:00 PM CVAG-Exec 5:30 PM Joint City 12:00 PM CVAG Human/ Com-Adolph CouncillPlanning Comm -Osborne Commission Meeting 12:00 PM Sunline-Adolph 7:00 PM Planning 4:00 PM ORRA Airp- Commission Osborne Printed by Calendar Creator Plus on 4/16/2004 May 2004 La Quinta City Council Monthly Planner 2 3 4 5 2:00 PM City Council 10:00 AM ALRC Meeting 6 7 12:00 PM Mayors Lunch 1 9:00 AM - 4:00 PM SJSR Ntl. Mnmt-Henderson 6 * Happy 21st Birthday La Quinta 8 9:00 AM La Quinta Fire Station Dedication 9 10 11 12 . 13 14 15 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 9:30 AM Animal Campus- 10:00 AM Pub. Sfty- Abate. -Perkins Henderson Perkins Mother's Day Perkins 12:00 PM Transp-Perkins 7:00 PM Planning Commission 5:30 PM Investment Advisory Board 12:00 PM Energy/Envi- Sniff 3:00 PM Mtns. Con -Sniff 6:00 PM League- 7:00 PM Cultural Arts Henderson Commission 7:00 PM Com. Serv. Comm. Le -ague of California Cities Le islative Action Da s 16 17 18 19 20 21 22 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council vation Commission Meeting 23 24 25 26 27 7:00 PM Planning 12:00 PM CVAG Human/ 9:00 AM LAFCO- Cominission Comm -Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne 30 31 I=iE ��Ai�i� i!i��ifl��»��ii�� I�� sl �I'I�I _' April I ' S M T W T F S IL 1 2 3 4 5 6 7 8 910 li�i j ((,, til� 11 12 13 14 15 16 17 Memorial Day (CITY ,,;� , �N'; �! 18 19 20 21 22 23 24 HALL CLOSED) 25 26 27 28 29 30 Q3 June S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Printed by Calendar Creator Plus on 4/16/2004 4 4 June 2004 La Quinta City Council Monthly Planner MondaySunday ..y '11,ednesday I 11Ursaay:. , r it-.• � ' 2 3 4 5 �'lll May {, 2:00 PM City Council 10:00 AM ALRC E'I ' S MT W T F S Meetin g Ef ll {• 2 3 4 5 6 78 9 10 11 12 13 14 15 ' I I 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 j I � ' E j � Fj'Fl�I i� �i' EI!!i'I!�` I � F� 'j j E: { { ! ;! •. 6 7 8 9 10 11 12 6:00 PM CVAG Exec. 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energy/Envi- Cmte-Adolph Abate. -Perkins Henderson Sniff (tentative) 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts Commission Advisory Board Commission 13 14 15 16 17 18 19 7:30 AM CVEP-Adolph 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 10:00 AM Pub. Sfty- 2:00 PM City Council vation Commission Perkins 12:00 PM Transp-Perkins Meeting 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. Flag Day 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM CVAG Human/ 9:00 AM LAFCO- °Q > Commission Comm -Osborne Henderson Father's Day 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne 27 28 29 30 ! { 5:00 PM CVAG Exec. July Cmte. - Adolph S M T lii� W T F S !€II {E 6:00 PM CVAG General 1 2 3 Assembly 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25262728293031 3::. � F• � i•i :3:::i.E:t : •: �•! : � � ! .. :::•. • . i : 3 : : Printed by Calendar Creator Plus on 4/16/2004 I i C. :.:i.F i :..:.. •:;;rE:. � .::.F•3:{: �: r: i 3:::i :i•!•!:F:E:F:::.i.{: :!::: y:!•i{:E:!':!.i::::: •:.: DEPARTMENT REPORT: 4 C G7 OF TY�9 TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety --T-14 DATE: April 20, 2004 RE: Monthly Department Report - March 2004 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of March. The reports depict the following highlights: • Year to date building permit valuation is $75,351,952.49 which represents an issuance of 1,140 building permits through March; • 479 animal control cases have been handled through March; • 564 code compliance cases have been initiated through March; • $1,430.00 - garage sale permit income in March 4 N O v O OO N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O M to L1J GO O 6 * cV O 6H O ti? O 6+4 O 6).61), O O 69 O tf? O 69 O 69 O EA O GO 69 O 69 O 6'4 CO N_ U G ti M O g U J O r O O N r O O O O O O O O O O O O O O O O O O O O O O O O O O O O e- M a Z co O 0 69 0 O 6 6H o 69, O 69 O 69 o 69 6 VlH o 69. O 69 o 69 6 0% o 69 Go 69 6 69 o 61). v 0 0 r C4 Qto 64 (� GO O O LO IV r' LO LO O M LO co N 1- O O LO 1l- N O O O GO O co LO co r Ln W CO r- N O 69, C6 co O CV LO 1,� O O N N M N I'll O (C) r' CA N 0 M IT-- GO O O O 6 O 0 cn m 64 h N 6% N O N 69, LO LO N LO N GO M GO M N6% M r- fA O O M 69 Ln 64 O CC) cM 6R _O M N 69 E9 co W61% 641, LL 2 U) O O O N O O 1- O co O O I� Ln O O O O � O O O O 0 LO O co 0 O 1- r W q 06� co N co N co N LO r � � 0 v 0 ti a H r r LA 64 r 69 A O O 6 N I- LO O z 0 to U - O 1- O O LO O M O O O O O O Ln N O O O O O r- O Iq O O O O O (N O 1- O qq H (n Oo 1- O 60? 0) O to co '� N GO M GO tC) 0 LA LA CD co N 0 O O LO CA N I- LO 0 r' O Q Q r I� co r_ Q ch � 1 N O 1 N N = O N O N J CC) cC) CV 6-# 6% 6'3 M 6 , EA 64 (I r 6<i «M 64 69 (ci cq to g�� H 0 69 64 69 a 0a< J O O O IT N LO CC) O O O O O O O O LO (M O O O O O Il- U) CC) O Q) O O O cM O cM to V 0 ZG ; cM O 64 (C) GO co O M Ln O OO r � O LC) L6 0) 1� N d' GO N U Z G T" cco (D (co co co O Lc) L(( v m (M CV O 0 O (V r' _O c M 0) co N GO � O p- r u LO Lp V) m V CV V- 681 69 641> GO r' 69 N 69 r r 64 69 L 7 O O co U) O O O O O O O O O O 01 O O e- Z 0 O O LA r O O O O N O O �t O O O O CC) I- U _ cM O O 6). LA N li r' O O LA 1l- O O O N cM co O tfi O O LA O O 69 Cj 6. N co GD O N r CO CO GO O LO N r' O 1, O LA r cM IRT 00 I Z O (co N EA � to M O (D 04 CN M O C64 64 69 69 6A r 64 401, O 0) O r- r v O N r' 04 O N LO M co M co M Iq N O r O ti O r co r CD N � J LU N M 1- O cM V- (C) N (D r' co M N � r- cv 0)M N V-O N IV co OCD to N M N to Z U = J J J J U 0 O r- to W Co j 0 M 1� r- N r- CA M O G0 O O O I� O O N O M F' LU C)- H � V- M r O r Cn N a. Q W r W r 0 0 F- J ZO O U _J 0 J Q -1J Z Q Q Q LQ Z a w� z-Z - � W Z Z H Q m rn J W O J 2 0 0 J a Z -1 n 2 O 5 2 O W J U W n J O O m W Q Q Z O W W F- 0 cn U m U w 2 a a 0 2 a 0 (n U !- v ANIMAL CONTROL REPORT FOR: March, 2004 Jackie Misuraca and Moises Rodarte (Steve Alexander on OJI) Animal Pickups YEAR TO YEAR TO INCIDENTS YEAR TO YEAR TO Mar 04 DATE 04 DATE 03 HANDLED DATE 04 DATE 03 Dogs Alive 26 88 87 Bite Reports 3 7 10 Dead 12 16 9 Animal Trap OTI 0 7 3 Set Ups 2 9 23 Cats Alive 18 52 54 Cruelty to Dead 6 20 23 Animals 0 0 0 OTI 0 2 0 Other Animals Alive 4 24 12 Vicious Animal Dead 10 12 28 Restraining 0 4 0 OTI 0 0 0 TOTAL ANIMALS Special Hour Patrols 0 0 0 Alive 48 164 153 Zoning 0 0 3 Dead 28 48 60 Lost/Found 41 113 117 OTI 0 9 3 Animal Rescue 0 0 5 Outside Agency 0 0 2 TOTAL ANIMALS REMOVED City Reclaims 9 30 36 Other 10 23 53 76 221 216 TOTALS 65 186 249 VIOLATIONS: NO OWNER WARNINGS CITATIONS Dogs at Large 11 0 2 Noise Disturbance 0 0 0 Defecation Removal 0 0 0 License Violation 0 0 1 Other 0 0 0 MONTHLY TOTAL 11 0 3 YEAR TO DATE 41 1 30 TOTAL MONTHLY INCIDENTS HANDLED: Mar 04: 155 Mar 03: 210 TOTAL YEARLY INCIDENTS HANDLED: Mar 04: 479 Mar 03: 675 4 3 3 CODE COMPLIANCE STAT REPORT FOR March 2004 Mar 04 YEAR TO DATE 04 YEAR TO DATE 03 ABATEMENTS: Nuisance Abatements Started 114 235 374 Weed Abatements Started 3 6 31 Vehicle Abatements Started 115 314 157 Dwelling Abatements Started 3 9 5 TOTAL STARTED 235 564 567 TOTAL COMPLETED 172 554 433 Case Followups 407 911 1064 Home Occupation Inspections 8 37 50 Business License Inspections 0 1 1 Garage Sale Permits Issued 143 407 461 4 9 4 DEPARTMENT REPORT: _Soo 000 T I�aj� Q•C' V I,ID �4 G ti5 OF A TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR DATE: APRIL 20, 2004 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF MARCH, 2004 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of March. P:\Monthly Report Folder\MARCH 2O04.doc - Last printed 4/15/2004 3:18 PM 1 440 COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT REPORT MARCH 2O04 PROJECT DESCRIPTION CUP'S 0 submitted Development Agreements 0 submitted Environmental Assessments 4 submitted General Plan Amendment 0 submitted Lot Line Adjustments 2 submitted Minor Adjustments 4 submitted MUP's 9 submitted Parcel Maps 1 submitted Parcel Mergers 0 submitted Sign Permits 11 submitted Site Development Permits 5 submitted Specific Plans 0 submitted Tentative Tract Maps 3 submitted TUP's 10 submitted Zone Change 0 submitted Zoning Code Amendments 0 submitted P:\Monthly Report Folder\MARCH 2O04.doc 441 Q C •cn 0 o C 6 C O- •> 0 m aa► � C)L N N -p -p ► 0 0 U rn ED ch -j cco Q-0-00) U �- (n � 0 ` `O c M M �0.. c0 f-+ C O M C 0 N' > � 0� � '= O �-v N O � � C cnM O' cv a �UU•a Cr cn O ,i cc 00 O Q p� M N I I U �U co -0-0 -v N >� > 0 > O"+r +� 0 OoOo+aocZm � N��a�Q a o a Q M M M (") I ��00(D 0000 �N(ONCfl � �. �— N OO��cN(n)NM e, i , C) I I CUUU•EUUUU =CLUUZC_U > > a- a0.0 °- QQC ► p0 I CLU -0 0) O N 'p C C +r C �► `�' O N J O C L O (D ° +•+ 0)C} J , a C L C (� N N Lo C O O O L 0 0 N 0 v C cn c _O 0 0 -_ C C v O? 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CD Ln O O C OO CIO O �j 3 (D V) E N O co to V a +r 0 t) ° o 0 0 % LO O O 00 CD co o E Q + o i 0 tl%. 0 Cl) C O LO co O 00 OL i -J> E N >, LU i -�L cc o cn O= 0 � C � C C CL w 00 (1) QC7�00 J J C N O = O 3 c _ OL +r c o e C 0) 4-1C) ` - LL C J � C 0- m 447 t a as cc r O DEPARTMENT REPORT: ,�_ TO: FROM: DATE: HONORABLE MAYOR AND MEMBERS OF THE CITY C IL DODIE HORVITZ, COMMUNITY SERVICES DIRECT APRIL 20, 2004 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF MARCH 2O04. UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF MAY 2004: May 1 Catalina Island Excursion. May 3 *Free Putting Contest, Senior Center May 3 *Imperial Irrigation District Energy Assistance Program, Senior Center May 4 *Arts & Crafts Class, Senior Center May 4 *Tap Dance Class, Senior Center May 4 *Congresswoman Mary Bono's Mobile Office, Senior Center May 5 *Internet Guided Tour - "Auctions", Senior Center May 5 * "Make Your Own Jewelry" Class, Senior Center May 7 *Beginning Pilates Class, Senior Center May 8 La Quinta Fire Department Dedication & Ceremony May 10 *Watercolor Lessons, Senior Center May 10 *Internet Guided Tour Class -"Shopping", Senior Center May 12 *Sketching/Drawing Class, Senior Center May 12 *Internet Guided Tour Class - "Business" Senior Center May 13 *Hoe-down Luncheon & Dessert Competition, Senior Center May 17 *Internet Guided Tour Class. - "Gourmet", Senior Center May 18 *Free Hearing Consultations, Senior Center May 18 *AARP Driver Safety Program, Senior Center May 19 *Internet Guided Tour Class - "Freebies", Senior Center *Daytime Senior Center class or activity Community Services Department Attendance Report for the Month of March 2004 Summary Sheet Program 2004 2003 Variance Sessions Per Month 2004 2003 Leisure Classes 61 98 -37 48 34 Special Events 80 60 20 1 2 Adult Sports 656 415 241 20 19 Senior Center 701 607 94 149 120 Total 1498 1180 318 218 175 Senior Services Senior Center 493 508 -15 28 19 Total 493 508 -15 28 19 Sports Complex Use Desert Storm Baseball 28 0 28 14 0 La Quinta Sports & Youth 1,500 1600 -100 27 24 AYSO 320 1550 -1230 20 20 Total 1,848 3150 -1302 61 44 LQ Community Park Desert Storm Baseball 14 0 14 14 0 La Quinta Sports & Youth 400 0 400 23 0 AYSO 880 0 880 27 0 Total 1,294 0 1,294 64 0 Facility/Park Rentals Senior Center (Private Party) 775 0 775 5 0 (Churches) 300 0 300 4 0 LQ Community Park (Private Party) 280 0 280 7 0 Fritz Burns Park (Private Party) 160 0 160 4 0 Total 1515 0 1515 20 0 Total Programs 6,6481 4,8381 1810 3911 238 Volunteer Hours Senior Center 1261 497 -371 Total Volunteer Hours I . 261 497 -371 4d9 02 2004 2003 Variance Mnnthly Revenue - Facility Rentals Senior Center $ 11,975.00 $ - $ 11,975.00 Parks $ 1,100.00 $ - $ 1,100.00 Monthly Facility Revenue $ 13,075.00 $ - $ 13,075.00 Year to Date Facility Revenue I $ 63,193.00 1 $ - $ 63,193.00 Monthiv Revenue Senior Center $ 11,891.25 $ 9,601.00 $ 2,290.25 Community Services $ 7,183.00 $ 6,260.00 $ 923.00 Total Revenue $ 19,074.25 $$ 151861.00 $ 3,213.25 Revenue Year to Date Senior Center $ 98,926.50 $ 78,555.00 $ 20,371.50 Community Services $ 121,766.00 $ 55,138.00 $ 66,628.00 Total Revenue to Date $ 220,692.50 $ 13.3,693.00 $ 86,999.50 Community Services Program Report for March 2004 2004 2003 2004 2003 Porticinanfa Participants Variance Meetings Meetings Leisure Enrichment Yoga Flex 6 0 6 2 0 Hatha Yoga 2 0 2 3 0 Yoga Somatica 6 0 6 2 0 Yoga Package 4 0 4 3 0 Yoga 100 Bonus 2 0 2 7 0 Pilates 12 0 12 8 0 Bell dance 5 8 -3 5 4 Tae Kwon Do 10 0 10 9 0 Ballroom Dance 10 9 1 4 4 Intermediate Com utem 4 0 4 5 0 Totals 61 17 44 48 8 2004 2003 2004 2003 Participants Participants Variance Meetings Meetings Special Events Tiny Tot Olympics 80 40 40 1 1 Totals 80 401 401 1 1 2004 2003 2004 2003 Participants Participants Variance Meetings Meetings Adult Sports OM Gym Basketball 486 255 231 19 15 Adult Soccer League 170 160 10 1 4 Totals 656 415 241 20 19 Recreation Totals 1 7971 4721 3251 69 28 r 04 Senior Center Attendance ParticleatIM Particleation Variance Meetings meet n s Senior Activities ACBL Bride 267 306 -39 4 4 Ballroom Dancing, Complimentary 28 0 28 1 0 Bridge, Duplicate/Social 572 641 -69 16 16 Evening Dance 38 0 38 1 0 Monthly Birthday Party 33 32 1 1 1 Monthly Luncheon 86 93 -7 1 1 Movie Time 80 55 25 5 4 Seminars 1 5 -4 1 0 Talent Show 140 146 -6 1 1 Senior Activity Total 1245 1278 -33 31 27 Senior Leisure Classes Arts and Crafts 26 33 -7 5 4 Ballroom Dance 26 18 8 6 4 Bridge Lessons 71 96 -25 10 11 Ceramics 13 9 4 4 4 Computer 70 65 5 17 29 Computer Tutor 3 2 1 3 2 CPR 9 0 9 1 0 Dog Training Class 19 18 1 12 8 Exercise 57 59 -2 14 13 Golden Tones 114 84 30 5 4 Knitting 14 23 -9 1 1 Pilates 13 0 13 4 0 Quilting 32 49 -17 4 4 Rug Hooking 9 19 -10 4 5 Sketching/Drawing 12 20 -8 4 4 Spanish .32 10 22 8 4 Stained Glass 9 4 5 5 3 Tai Chi 49 16 33 9 4 Tap Dance 32 18 14 8 3 Watercolor 37 10 27 8 3 Woodcarving 25 32 -7 4 3 Writing 4 0 4 5 0 Yoga 25 22 3 8 7 Senior Leisure Classes Total 701 607 94 149 120 TOTAL SENIOR PROGRAMS 1946 1885 61 180 147 Senior Services AARP "55" Course 26 28 -2 2 2 AARP Tax Aide 106 61 45 5 4 FIND Food Distribution 274 311 -37 4 4 Hearing Consultation 2 0 2 1 0 I.I.D. Energy Assistance 27 36 -9 8 5 I.I.D. Energy Assistance/No fee 5 2 3 3 1 L al Consultation 7 11 4 1 1 Medicare/Hi Cap Consultation 9 3 6 4 2 Volunteers 37 56 -19 n/a n/a TOTAL SENIOR SERVICES 493 508 -15 28 19 SENIOR CENTER TOTAL 2439 2393 46 208 166 4 -2 n --r- DEPARTMENT REPORT: g ono • 4 U C 4S FM OF TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer DATE: April 20, 2004 RE: Public Works/Engineering Department Report for March 2004 Attached please find the- following: 1. Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks. 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U) u) cn Q ccF— 45-J MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: March, 2004 Emplo 's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 8 Men 1 Men 0 Man 1 Man Total 1000 Policing/Inspection 97 5 0 37 139 1001 Pot Hole -Repair/Patching 90 0 0 1 91 1002 Crack/Joint Repair 0 0 0 0 0 1003 Pavement Markin legends 0 0 0 0 0 1004 Pavement Marking/Striping 0 0 0 0 0 1005 Curb Painting 0 0 0 0 0 1006 Other Traffic Controls 58 0 0 0 58 1007 1Curb & Gutter Repair/Const. 0 0 0 0 0 1008 Other Concrete Repairs/Const. 0 0 0 0 0 1009 Street Sign Install (New) 83 0 0 0 83 1010 Street Sign Repair/Maint 66 0 0 1 67 1011 Debris Removal 18 0 0 3 21 NWNWWWEMNWIS�1012 Right of Way Maint. 148 1 0 0 149 1021 CLEAN Catch Basin Inlet/Outlet 0 0 0 0 0 1022 Rondo Channel Outlet/Vault 7 0 0 0 7 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 Retention Basins Repair/Maint. 25 2 0 0 27 1024 Gutter/Median Sand Removal 0 0 0 0 0 1025 Street Sweeping (Machine) 223 0 0 0 223 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 0 0 0 0 0 1028 Dust Control 0 0 0 0 1029 Flood Control 3 0 0 0 3 1031 Parks/Retention Basins Inspection/Clean- 89 11.5 0 10 110.5 1041 Mowing/ Weeding, Shrubs & Tree Trimmi 31 0 0 0 31 1051 Landscape/Irrigation Contract Mana erne 4 70 0 20 94 1052 Lighting/Electrical Contract Management 0 8 0 20i 28 1061 Small Tools Repair/Maint. 4 1 0 01 5 1062 Equipment Repair/Maint. 34 3 0 0 37 1063 Vehicle Repair Maint. 15 2 0 0 17 1081 Trash/Litter/Recycable Removal 7 0 0 1 8 1082 Vandalism Repairs 24 1 0 0 25 1083 Graffiti Removal 138 2 0 0 140 1084 Maint. Yard Building Maint. 35 0 0 2 37 1085 Seminars/Training 28 0 0 0 28 1086 Special Events 38 23 0 0 61 1087 Citizen Com laintstRequests 136 13 0 0 149 1088 Meeting 35 11.5 0 34 80.5 1089 Office (Phone, paperwork, reports, Misc.) 31 14 0 63 108 SUBTOTAL 1467 168 0 192 1827 1091 Over Time 50 4 0 0 54 1094 Jury () 0 0 0 0 0 1095 Sick Leave 56 16 0 8 80 1096 Vacation 75 16 0 91 1097 Holiday 2 0 0 0 2 1098 AWOP 0 0 0 0 0 1099 Bereavement 0 0 0 0 0 SUBTOTAL 183 36 0 8 227 TOTAL HOURS 16501 204 0 200 2054 TOTAL MILES 59951 8571 01 4841 7336 DEPARTMENT REPORT: CITY OF LA Q UINTA POLICE DEPARTMENT MONTHL Y REPORT March 2004 461 City of La Quinta La Quinta Police Department Captain John Horton, Commanding March 2004 Highlights (Numbers in parenthesis denotes number of calls for service that day) Monday, 03-01-04 (75): No significant activity documented Tuesday. 03-02-04 (67): No significant activity documented Wednesday, 03-03-04 (72): 0330 hours - Deputy Myers arrested Jose Daniel Torres for possession for sale, during a vehicle check at Arosa and La Palma. During the initial contact, Deputy Myers smelled a strong odor of burning marijuana. When questioned, Torres admitted to having a small amount of marijuana and provided Deputy Myers with consent to search the vehicle. The search resulted in the recovery of over 7 ounces of marijuana, individually packaged into 15 plastic baggies. Torres was booked into the Indio Jail. Thursday. 03-04-04 (101): 0300 hours - Deputy Myers arrested Paul Castillo of La Quinta for being under the influence of a controlled substance, during a ped check at Calle Chihuahua and Avenida Obregon. Castillo was booked into the Indio Jail. Friday. 03-05-04 (771: 0200 hours - Deputy White responded to the 51000 block of Calle Obispo, La Quinta, ref, a domestic dispute. Deputy White arrived on scene and contacted Deborah Tyron who stated that her husband, Terry Tryon had made threats to harm her. Deborah phoned police after Terry arrived at her home. Terry was contacted in the front yard where he was taken into custody. Terry was booked into the Indio Jail for terrorist treats. 1110 hours - Deputy Reynolds responded to the 51000 block of Ave Vallejo in reference to a lewd act with a child case from the past. Upon his arrival, he spoke with Inelda Valenzuela who stated that her two children ages five and six had been molested by her 17year old stepson. This occurred approximately one year ago. The 17year-old is currently listed as a run -away, whose location is unknown. Case to be followed up by investigations. Saturday. 03-06-04 (71): At 1305 hours, Det. Dorrough responded to WalMart at 79295 Hwy. 111 La Quinta, in reference to a shoplifting suspect in custody. Det. Dorrough learned that the suspect (Polly Thomas of Hemet) had entered the store with a razor knife, placed four DVD movies inside her purse, took them into the restroom, removed the magnetic security strip, and exited the store. Thomas then placed the stolen DVD's inside her van, and re-entered the store to steal four more DVD's. As Thomas exited the store with the second set of stolen DVD's, security detained her. Thomas admitted to going to the WalMart with the intent to steal DVD's to sell at a local pawnshop for cash. A records check on Thomas shows that she is on probation for shoplifting, and is currently out on bail for petty theft with a prior. Thomas was booked into Indio jail for shoplifting, petty theft with a prior, and felony committed while released on bail or recognizance. Sunday. 03-07-04 (4ft 0102 hrs-Deputy Donivan responded to the 53000 block of Ave. Alvarado in reference to a domestic dispute. Upon arrival, he met with the Sheryl Aguilar. Sheryl said her husband, Luis Aguilar, pushed her and slapped her across the face during an argument at their residence. Sheryl had a complaint of pain on the left side of her face: Deputy Donivan arrested Aguilar for battery on a spouse and booked him into the Indio Jail. Aguilar was also served with an EPO (emergency protective order). Monday. 03-08-04 (71): 0347 hrs-Deputy Diaz was on routine patrol when he spotted a stolen 1994 green Chevy Van parked in the area of Ave. 50 e/o Jefferson St. Deputies performed a felony stop on the van and then contacted the occupants. Phillip Padilla and Camill Tagel were found inside the van. Deputy Diaz arrested Padilla and Tagel for possession of a controlled substance and receiving stolen property and booked them into the Indio Jail..5 grams of methamphetamine were found lying on the floorboard of the van. The van was released to the victims. Tuesday. 03-09-04 (87) 1257 hours, Dispatch received a call of an armed robbery that had just occurred at The Boutique at Old Town, 78-015 Main. A few minutes later we received a call that two construction workers were detaining the suspect, later identified as Michael Valenzuela, in front of the La Quinta Substation. Dep. Speir contacted the clerk who said Valenzuela entered the store and walked into the back office where she was sitting at the desk. She said she stood up and he pulled out a Swiss Army knife and put it to her throat telling her not to scream. She said she then grabbed his wrist and the two began to struggle. She said she broke away from him. The suspect closed the knife and ran out of the store. She yelled to the two construction workers who ran him down and detained him until we arrived. Once at the station, Valenzuela invoked his rights so we have no idea what his intent was, but he had been into the store numerous times while she was working acting suspicious. He was booked at Indio Jail for assault with a deadly weapon, burglary, and terrorist treats. Wednesday. 03-10-04 (82): 2214 hrs - Deputy Orr responded to the 53100 block of Bermudas to investigate a discharging of a firearm at an inhabited dwelling and assault with a deadly weapon. Upon arrival, he met with Raul Reveles. Reveles said about fifteen minute's prior the deputies' arrival Robert Brown knocked on the front door of his residence. Reveles opened the front door and met with Brown. Brown said he wanted some information from Ann Coyles who was inside the house. Reveles told Brown, Coyles did not need to talk with him and demanded he leave the property. As Reveles was shutting the front door, he saw Brown point a handgun (possibly a revolver) in his direction. Just as he shut the front door, Reveles heard two gunshots. Reveles then heard several more rounds go oil There were two adults and three children inside the house at the time of the shooting and no one was injured. Patrol checked the area but were unable to locate Brown. It was believed Brown left the area on foot after the shooting. Upon examining the scene, we found two bullet holes, eye level, through the middle of the front door. Two more rounds were located in the garage door. The rounds that went through the front door were found lodged in the living room wall and were collected as evidence. Several bullet fragments were found lying on the garage floor and were also collected for evidence. No shell casing were found. We received a lead that Brown was living at his mother's residence at the 52000 block of Ave. Martinez. We went to the residence and received some mild resistance from the mother, Mary McCrumb. We eventually searched the entire residence but were unable to locate Brown. The investigation was handled at the patrol level. An APR and press release was sent out. ****Update**** Family members of Robert Brown phoned dispatch advising Robert Brown wanted to surrender. Sgt. Jimenez met with them outside of the Indio Police Department and arranged for his surrender. Family members and Robert Brown arrived at the Indio Station a short time later where he was taken into custody without incident. Robert refused to answer questions and was subsequently booked into Indio Jail. 4 6% 3 0050 hours - Deputy Bautista responded to the 53000 block of Eisenhower, La Quinta, to investigate a domestic disturbance. Deputy Bautista arrived on scene and contacted Jose Olivares. Jose stated that his wife, Claudia Olivares brandished a kitchen knife during an argument over their children. Claudia's mother intervened and took the knife away. Claudia proceeded to punch and scratch Jose, causing injury to his right arm. Claudia was arrested and booked into the Indio Jail for spousal abuse. Thursday, 03-11-04 (81): No significant activity documented Friday, 03-12-04 (98): 2222 hours - Deputy Myers responded to the 54000 block of Ave. Velasco, La Quinta, in reference to a lewd act with a child case from the past. Apparently, Teresa Cribbins of Phoenix Arizona called to report that her 3-year-old son had been molested. The 3 year -old claimed that his uncle, David Cribbins, had him orally copulate him while living with his grandparents at the above address. Teresa was concerned, because her other son (2 years old), was currently living with her parents and Uncle David. Deputy Myers and Sgt. Shields responded to the location, and contacted the family. CPS was called, and allowed the two- year -old child to remain in the residence as long as David Cribbins left. Case to be followed up by investigations. 0100 hours - Deputy White responded to the 52000 block of Ave. Vallejo in reference to an injury DUI traffic collision. The driver, Ricco Clemmons of La Quinta was traveling northbound on Ave. Vallejo, and lost control of his 2001 Honda Civic, colliding with a tree and parked car in the driveway of the above residence. Clemmons had been drinking and was transported to Desert medical center for treatment. The passenger, Brandon Raymond of La Quinta, received minor injuries, but declined medical treatment. Deputy White responded to collect blood and a statement from Clemmons. Charges to be filed against Clemmons who was still in the hospital with a possible fractured shoulder. Saturday, 03-13-04 (64): No significant activity documented Sunday, 03-14-05 (78): At approx. 1940 hours, Deputy Bianco arrested Raul Ramirez for public intoxication at 78477 during a disturbance call at the Beach Side Cafd, in La Quinta. Monday, 03-15-04 (65): No significant activity documented Tuesday, 03-16-04 (71): Deputy Gaunt arrested Tony Larios of Coachella for an open container violation and two misdemeanor warrants during a ped-check in front of the La Quinta Liquor Store. Wednesday, 03-17-04 (102): No significant activity to report 4�4 Thursday. 03-18-04 (841 0715 hours - Deputies responded to the Home Depot to investigate an armed robbery. Deputies contacted Erica Stewart who stated she was approached by two Hispanic male adults in a red vehicle while she was walking along Jefferson St. near Westward Ho. The suspects yelled at her to "get in the car or we will kill you". She ignored the yelling which lead to one of the suspects getting out of the red car and threatening her with a knife. The suspect then proceeded to take her purse. She said the suspect then ran back to the car, dropping the knife as he did so. Deputies were unable to locate knife. It was later determined that this incident was related to a vehicle theft of a red Mitsubishi Lancer Deputies investigated earlier this morning around 0600 hours. This vehicle was also reported as a suspicious vehicle to IPD at 0630 in the area of Clinton and Sirocco but IPD was unable to locate it. A short time after the armed robbery and the vehicle theft with same described suspects, they committed another armed robbery in Rancho Mirage followed by a car jacking and rape in Cathedral City. The stolen vehicle was recovered in Cathedral City where the car jacking and rape occurred and the newly stolen vehicle and suspects were outstanding until later that afternoon. The vehicle used in the car jacking was located in Coachella by Officer's from Cathedral City P.D. and Coachella P.D. No one was found with the vehicle but Cathedral City P.D. later made an arrest(s). The identity of the suspects is unknown at this time. Friday, 03-19-04 (80): 0925 hours - Deputy Hendry received information that Kathy Lopez Almanza of La Quinta had felony warrants and could be located at 46000 Dune Palms trailer park. He verified the warrants and made contact at the trailer with Almanza who initially denied who she was but later admitted. She was booked for possession of a controlled substance, vehicle theft, burglary and receiving stolen property warrants. Saturday, 03-20-04 (75): Deputy White arrested William Sumpter of La Quinta for resisting arrest and unfastening the holster of an officer during a reported assault with a deadly weapon call at the 53000 block of Ave. Vallejo. The assault with a deadly weapon report was unfounded at the large party with approx. 200 people present. Sumpter was booked into the Indio Jail. Sunday. 03-21-04 (M 2010 hours, Deputy Ortega arrested Ernesto Mendoza for possession of a controlled substance and receiving stolen property at the Home Depot, in La Quinta. Mendoza was contacted after him and another suspect were observed acting suspicious. He was found in possession of some stolen items and a bindle of methamphetamine. Mendoza was released per appearance before magistrate, without unnecessary delay within 48 hours after his/ her arrest at the jail after they requested an ok to book. Case will be filed out of custody with the D.A's office. Monday, 03-22-04 (62): 1730 hours, Deputy Dusek arrested Terry Taylor for public intoxication at the 78000 block of Hwy 111, in La Quinta. Taylor was found passed out by the trash dumpster. Tuesday, 03-23-04 (100): 0210 hrs-Deputy Donivan responded to a ringing alarm call at 78-870 Hwy 111, the Fashion Bug Clothing store. Upon his arrival, Deputy Donivan saw a vehicle parked in front of the business. Inside the vehicle he saw a white male adult asleep. He met with the subject and learned his name was Andrew Wolenski. Wolenski stated had recently moved out of his home due to domestic issues and had been using his vehicle to sleep in. A warrants check on Wolenski showed he had an outstanding misdemeanor warrant for battery on a spouse. Wolenski was arrested for the warrant and booked into the Indio Jail. 4b5 0400 hrs-Deputy Orr conducted a ped-check of a Hispanic male in the area of 78000 Forbes Cir in the City of La Quinta. The subject identified himself to be Anthony Jimenez of Indio. He was unable to give any logical reason for being in the area. He was found in possession of a pair of gloves, duffel bag, a bent hanger, a pocketknife, a flashlight and a two-way handheld radio. He was also in possession of less than an ounce of marijuana. Deputy Orr arrested Jimenez for being a prowler, possession of burglary tools and possession of marijuana. He was booked into the Indio Jail. 0830 hours - Deputy Alexander arrested Jose Francisco Pinela for being under the influence of a controlled substance and trespassing at 58th & Monroe. 1525 hours - Deputy Dusek cited and released James Shelly for shoplifting at the Stater Brothers, in La Quinta. Shelly attempted to steal approx. $60.00 worth of merchandise. Wednesday, 03-24-04 (96): 1910 hours - Deputy Krachman arrested Donald Cody Briscoe for terrorist treats at 79000 Horizon Palms Circle, in La Quinta. Briscoe threatened his ex -girlfriend. 1750 hours - Deputy M. Martinez arrested Nancy Amelia Wheaton for driving under the influence at PGA West. Thursday, 03-25-04 (88): 2345 hours - Deputy White arrested Heriberto Gonzalez for driving under the influence of alcohol during a traffic stop at Fred Waring and Jefferson St. Gonzalez was booked into the Indio Jail. 2316 hours - Deputy Myers responded to the 52000 block of Avenida Obregon, La Quinta in ref, to a domestic dispute. He contacted Summer Alexander who stated her husband, Joshua Alexander returned home after he had been drinking and initiated an argument. The argument lead to a physical altercation between the couple in the presence of their 2 year -old child. Summer was struck in the head and choked while she was holding their child. Joshua was contacted while sleeping in his bed and taken into custody. Joshua was booked for spousal abuse and willful harm or injury to a child. Friday, 03-26-04 (95): No significant activity to report Saturday, 03-27-04 (69): At 2100 hours, while working the La Quinta Burglary Suppression detail, Cpl. Hoyt located Gerardo Guillen of Coachella, standing behind his vehicle attempting to load brand new 7 foot mirrored closet doors into the trunk of his Kia Rio at Sonora and Mendoza. Upon further investigation, it was found that Guillen had possibly stolen the mirrored closet doors from a new home under construction at Eisenhower and Sonora. Cpl. Hoyt, Cpl. Aguaisocho, and Deputy Diaz attempted to locate the owner of the new residence without success. Guillen who is on probation, was also in possession of methamphetamine, and was booked for possession of a controlled substance, pending contact with the victim of the burglary. Deputy Matt Diaz will follow up the burglary investigation to add additional charges. Sunday, 03-28-04 (50): 0825 hours, Dep. Reynolds responded to an unattended death at the 77000 block of Lago, La Quinta. 83- year-old Carol Prendergast appears to have died of natural causes. She had an extensive medical history and there was no sign of foul play. 4fa Monday, 03-29-04 (69): 0008 hrs-Deputy Donivan responded to the 51000 block of Ave. Vallejo regarding a prowler call. Upon arrival, a subject was seen running from the area. The subject, Adrian Garcia of La Quinta, was detained. During the investigation, Garcia was found to be under the influence of methamphetamine. Deputy Donivan arrested Garcia for being under the influence of a controlled substance and booked him into the Indio Jail. Tuesday, 03-30-04 (98): No significant activity to report Wednesday, 03-31-04 (68): 1240 hours - Deputy Gaunt arrested Jose Antonio Armendariz of Indio, for poss. of methamphetamine after he was observed parked in the fire lane in front of the Walmart Supercenter. Closer investigation revealed that Armendariz was the passenger in the vehicle and in possession of an open alcoholic beverage in violation of LQMC. A content search revealed a glass pipe in his front pocket and .5 grams of meth in the middle console of the vehicle. Booked at the Indio Jail for possession of a controlled substance and possession of paraphernalia. Total calls for service: 2328 467 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT March 2004 School: La Quinta High School Deputy: Robert Brooker 13- Criminal Reports 7- Non Criminal Incidents 22- Arrests 5- DA Filings 4- YAT Referrals 0- Traffic Stop 2- Vehicle Checks 0- Business Checks School Session: March 1 st through March 31 st, 2004 Highlights: 1 assisted the school staff with school related problems and parents who are having problems with their high school age children. In those cases I referred the parents and students to the Student Assistance Program at the District Office and conflict mediation at LQHS. 1 handled incidents of vandalism, multiple truancies, fights between students, students in possession of marijuana, a minor in possession of alcohol on school grounds, investigated the report of an adult male making obscene gestures towards a female student on her way to and from school, and documented a "hate motivated incident" which turned out being a non -criminal incident. 1 assisted other agencies, such as; Palm Desert Police by conducting follow-up interviews reference a fight between PDHS football players and LQHS football players that took place at the River in Rancho Mirage. 1 arrested two students, who skipped school and were found behind a local business lighting fires. I arrested two male students who skipped class and entered the boy's locker room and broke into lockers, stealing a very expensive digital video camera and other property. After identifying all the students who skipped that particular period, I was able to obtain the name of a student who was seen with suspected stolen property. That student was involved and took me to his accomplice who had taken the video camera. I recovered the camera, cell phones and other property that had not yet been reported stolen. CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT MARCH 2O04 SCHOOL: LA QUINTA MIDDLE SCHOOL Deputy: Robert Burbach COPS Grant/DSUSD/City of La Quinta Funded Position School Session: HIGHLIGHTS: • Found a student in possession of live 9mm bullet. Explained to the student the dangers of having live ammunition. • I contacted a student regarding cutting herself with knife. Student was taken to mental health to be assessed. • I found a student in possession of a knife with a 3" locking blade. Referred to YAT. • I found a student in possession of a marijuana pipe (referred to YAT). • DSUSD located a student in possession of a knife with a 2 %" locking blade. Referred to YAT. • Completed initial report for child abuse reported to me at the school by a student. La Quinta investigators continued the investigation and arrested both the mother and stepfather for numerous felonies including torture. • 1 learned of five truant students. All students were contacted and referred to YAT. • Investigated a report of an A/C repair van following students from bus stop. Case referred to investigations for further investigation. • Truant report made on a student with a habitual truancy problem. Referred to YAT. 469 La Quinta Police Department Special Enforcement Team (Dep. Coleman, Dep. Myers, Dep.Wedertz, Cpl. Black) (Deputy Olsen and Deputy Bolton have replaced Deputy Myers and Cpl. Black. A new photo will be inserted next month) The following is a summary of the Special Enforcement Team activities for the month of March. Ongoing Investigations 3 Probation Searches 4 Parole Searches 1 Arrests/ Filings 6 Vehicle checks 10 Business Contacts 3 Investigation assists 3 Arrest Warrants Served 1 Arrest Warrants Attempted 5 Programs 3 Pedestrian Checks 22 Crime Prevention Hours 270 Bar Checks 3 Back-ups 8 Follow-ups 11 Search Warrants 1 Meetings . 5 Recovered Stolen Property 0 Citations issued 0 Surveillance's 3 Property Checks 26 Civil Commitments 0 Bicycle Time 0 Training Hours 95 Illegal Drugs Seized 2gms Total Mileage: 788 miles Noteworthy Accomplishments: ♦ Arrested Zasha Hurst, 23 of La Quinta for two outstanding Felony no bail warrants. ♦ Arrested 14 year -old for possession of marijuana after pedestrian check in Cove area. ♦ Case filed against Daniel Garcia 28 of Indio, for probation violation and felon in possession of ammunition after probation search conducted at his residence. ♦ Assisted in security detail for the grand opening of the La Quinta Walmart SuperCenter. ♦ Conducted a trespassing violation program in the La Quinta Cove business district. ♦ Deputies Coleman and Wedertz attended a 40-hour surveillance school presented by the Department of Justice. 470 LA QUINTA POLICE MOTORCYCLE ACTIVITY REPORT PROGRAM STATISTICS MARCH 2O04 Prepared By: Deputy Dave Adams Speed Violations 271 Lane Change Violation 1 Warnings 61 Fail to Yield 4 DUI Arrests 2 Injury T/C 3 Turning Violations 16 Misd. Arrest 10 Non -Injury T/C 21 Stop Sign / Red Light 50 Felony arrest 1 1 Non -Moving 187 Chlid seat violation 9 No & Suspended CDL 47 B/U's & Calls 38 Seatbelt 45 Tows 45 H&S 1 HIGHLIGHTS 030204 - Non -injury T/C @ Washington x Eisenhower. PCF 21703 CVC. 030304 - Non -injury T/C @ Washinton x Ave. 50. PCF 21703 CVC. 030504 - Non -injury T/C @ Fred Waring x Jefferson St. PCF 22350. 030504 - Non -injury T/C @ SR 111 x Dune Palms Rd. PCF 22350. 031004 - Non -injury T/C @ Washington St. x Channel Dr. PCF 21658(a) CVC. 031204 - Hit & Run @ La Quinta Hotel. 031304 - DUI injury T/C @ Washington St. x Lake La Quinta Dr. PCF 23152(a/b) CVC. 031803 - Non -injury T/C @ SR 111 x Depot Dr. PCF 21453(a) CVC. 031804 - Non-imjury T/C @ Miles Ave. x Washington St. PCF 22350 CVC. 031804 - Hit&Run (minor injury) @ Washington x Rancho La Quinta. PCF 22350 CVC. 031904 - Non -injury T/C @ Washington St. x Simon Dr. PCF 22350 CVC. 032204 - Non -injury T/C @ Jefferson St. x Fred Waring Dr. PCF 22350 CVC. 033104 - Private property T/C @ Super Wal-Mart. 471 CITY of LA QUINTA MONTHLY COMMUNITY SERVICE OFFICER REPORT C.S.O.: Monica Santillanes C.S.O.: Thomas Fowler March 2004 Summary of Months Activity Type of Activity Number of Incidents Burglary Investigations 14 Grand Theft Reports 3 PettyTheft Reports 8 Vandalism/Malicious Mischief Reports 6 Vehicle Theft or Recovery Reports 2 Traffic Collision Response 24 Vehicle Code or Parking Citations 39 Abandoned Vehicles Tagged w/ Warn in 10 Towed Vehicles 4 Lost or Found Property Re orts 11 Public Assistance 3 Follow Up to Previous Cases 3 Custodial and Non -Custodial Trans orts 12 Area Checks of La Quinta Skate Park 13 47 City of La Quinta Community Oriented Policing Office and Volunteers Report March 2004 Highlights: • The volunteer program presently has thirteen volunteers who have finished training and are assisting in many capacities in the La Quinta CPO. • We maintain the volunteer goal of staffing the CPO on a full time basis. • All volunteers receive ongoing training in all areas. A March training class dealt mainly with the functions of the CPO office. We gathered request for future sessions and answered volunteer questions. • Three volunteers are now entering all La Quinta traffic and parking citations, and one enters the traffic collisions into the system from the COPS Office. One volunteer is assisting with weapons identification on a computer at the CPO. One volunteer is assisting with Statistics. A volunteer is assisting in Logistics and one in Property in addition to their staffing duties. • One of our volunteers assisted at the opening of the Walmart SuperCenter. • The bicycle registration program has been implemented and the community will be informed through newspaper, The Gem, in the schools, etc. • There is a new program called "Operation Identification" and the volunteers will assist in checking out engraving tools and assisting the community is identifying their property. • Volunteers have made many improvements to the exterior and interior of the building. Volunteer Hours and Monthly CPO Stats Mnnthiv YTD Totals (4103 to Present) Hours 259.5 679.5 2348.5 Visits 168 444 1726 473 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT INDIO STATION 82695 Dr. Carreon Blvd. Indio, California 92201 March 2004 Explorer Post 503 Program Report Submitted by Explorer Post Advisor Andy Gerrard There were 4 training meetings for Post 503 Explorers during March (31 10, 17 and 24). The meetings covered physical training, felony stops, drill/marching practice, and competition event practice. I led the physical training. Deputy Bolton coordinated the felony stop practice. Deputy Manuel Alvarado handled the drill and marching training. Jennifer Richards and I led the competition event practice. Post 503 Explorers and Advisors assisted with parking and crowd control during the March 8 and 9 Desert Search and Rescue Rodeo in Indio. Some Explorers and I assisted with traffic and crowd control at the Las Palmitas School Flying Doctors community event in Oasis on March 20. Upcoming events include the Colorado River Explorer Competition and the Riverside County Sheriffs Department 2003 Explorer Academy. The competition is scheduled for April 15-18 in Bullhead City, Arizona. The academy will be at the Ben Clark Training Center in Riverside from August 1-5. 474 CITY OF LA Q UINTA CRIME STATISTICS SUMMARY FEBR UAR Y 2004 475 CITY OF LA QUINTA FEBRUARY CRIME COMPARISONS CRIME FEBRUARY 2004 FEBRUARY 2003 YTD (04) YTD (03) HOMICIDE 0 0 0 0 RAPE 0 0 1 0 SEX CRIMES FEL 2 0 2 0 SEX CRIMES SD 1 0 2 1 ROBBERY 0 4 4 5 ASSAULT FEL 4 6 14 10 ASSAULT D 20 8 36 23 BURGLARY 65 59 156 121 VEHICLE THEFT 8 6 30 14 THEFT (FEL) 10 23 35 43 THEFT SD 34 25 83 64 VANDALISM D 30 29 52 58 DOM. VIOLENCE 9 8 21 16 NARCOTICS 13 4 28 7 DUI 5 3 9 10 T/C NON -INJURY 36 27 75 66 T/C INJURY 3 2 9 9 T/C FATAL 0 0 0 0 TRAFFIC CITATIONS 512 347 909 690 STATISTICS DO NOT INCLUDE ATTEMPTS 476 4'7'7 I re w a 9 w U O x IT N O w d' N o rol vm� rmq 4�8 v� E" d L7 fJ. � U wo'' 0 0 M 479 `d' M O O PL .� a� a� W W ® 0 O 00 d G7 � U 'N o c 0 O U xx O U 0�0LC O to O to O to O �•t d' M O O P W W ■ a i U z z d' M O O O O N N i V d A Q V d 0 0 0 0 0 0 0 0 0 0 0 0& o 0 0 482 '�t M O O .� .6 a� a� w w � 0 0 i o i i N M N M N kn u M z U 'rr Q Q O O o 0 0 O O O c0 N O �D to 483 CITY OF LA QUINTA DISPATCH INFORMATION / FEBRUARY 2004 TYPE OF CALL RESPONSE TIME S NUMBER OF INCIDENTS EMERGENCY 9A 1 ROUTINE 8.4 1153 *STATS TAKEN FROM RIVERSIDE CO. SHERIFF'S DATA WAREHOUSE AVERAGE. RESPONSE TIME REPORT I � I COUNCIL/RDA MEETING DATE: April 20, 2004 ITEM TITLE: Continued Public Hearing to Consider an Appeal of the Planning Commission Approval of Site Development Permit 2004-797, Condition No. 21.A.i.b Regarding a Deceleration Lane Requirement. Appellant: Dr. Matthew Werner RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Continue consideration of the appeal of the Planning Commission approval of Site Development Permit 2004-797, Condition No. 21.A.i.b regarding a deceleration lane requirement, to the regularly scheduled City Council meeting of May 18, 2004. BACKGROUND: The appellant has requested a continuance of this item, to the City Council meeting of May 18, 2004 (Attachment 1). The continuance is requested to allow for the review of a traffic study, submitted April 16, 2004, which may determine that a deceleration lane is not necessary, therefore making this appeal moot. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Continue consideration of the appeal of the Planning Commission approval of Site Development Permit 2004-797, Condition No. 21.A.i.b regarding a deceleration lane requirement, to the regularly scheduled City Council meeting of May 18, 2004; or 2. Provide staff with alternative direction. Respectfully submitted, Jerr Herm . C munity Development Director 485 Approved for submission: � �/,/, r, � � � 0 Thomas P. Genovese, City Manager Attachment: 1. Appellant's continuance request dated April 15, 2004 496 4-15-04; 1:43PM;Werner Gonzalez ; 7►00 904 6901 ATTAcmassor 1, 4/15/04 Walace Nesbit Community Development City of La Quinta WG Properties, LLC 47-250 WASHINGTON ST, SUITE A ♦ LA QUINTA, CA. 92253 PHONE 760/771-9437 *FAX 760/564-8581 Re:Site Dev. Permit 2004-797 Dear Mr. Nesbit, I need to request another extension on our upcoming appeal before the city council. We are still awaiting the final report from our engineer. I would appreciate a four week delay, which, should give us adequate time. Sincerely, Matthew Werner 497