2004 06 01 CCCity Council Agendas are
Available on the City's Web Page
@ www.la-quinta.org
CITY COUNCIL
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CITY COUNCIL CHAMBERS
78-495 Calle Tampico
La Quinta, California 92253
Regular Meeting
Tuesday June 1, 2004 - 2:00 P.M.
Beginning Resolution No. 2004-056
Ordinance No. 407
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. EVALUATION OF CITY ATTORNEY PERFORMANCE - GOVERNMENT CODE
SECTION 54957.
City Council Agenda 1 June 1, 2004
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT TO GOVERNMENT
CODE SECTION 54957, COUNCIL -APPOINTED POSITION - CITY MANAGER.
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 CORRESPONDENCE
1. CORRESPONDENCE FROM THE McCALLUM THEATRE REGARDING SPECIAL
FUNDING.
2. CORRESPONDENCE FROM THE VILLAGE BUSINESS OWNERS REGARDING
VILLAGE PARKING AND SECURITY.
3. CORRESPONDENCE FROM THE SOROPTIMIST INTERNATIONAL OF LA QUINTA/
COACHELLA VALLEY.
APPROVAL OF MINUTES
1 . APPROVAL OF MINUTES OF MAY 18, 2004.
City Council Agenda 2 June 1, 2004 ' 2
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 JUNE 1, 2004.
2. APPROVAL OF AMENDMENT NO. 1 TO LEASE AGREEMENT WITH THE BOYS AND
GIRLS CLUB OF THE COACHELLA VALLEY.
3. APPROVAL OF THE JOINT USE AGREEMENT WITH THE BOYS AND GIRLS CLUB
OF THE COACHELLA VALLEY FOR FISCAL YEAR 2004/2005.
4. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH SPECIFIC PLAN 90-015,
PGA WEST, KSL LAND CORPORATION, A DELAWARE CORPORATION.
5. APPROVAL OF A RESOLUTION TO REAFFIRM THE CITY'S ADOPTON OF THE
ANNUAL ASSESSMENT FOR CSA 152, AUTHORIZE RIVERSIDE COUNTY TO
CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY
HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS UNDER CSA 152.
6. ADOPTION OF A RESOLUTION ACCEPTING A QUITCLAIM DEED FROM THE
LA QUINTA COMMERCIAL OWNERS' ASSOCIATION, A CALIFORNIA
UNINCORPORATED ASSOCIATION, FOR PUBLIC ROADWAY PURPOSES ALONG
WASHINGTON STREET ASSOCIATED WITH PARCEL MAP NO. 31248.
7. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE ASSISTANT ENGINEER II TO
ATTEND FUNDAMENTALS OF SIGNAL TIMING AND OPERATIONS SPONSORED BY
THE UNIVERSITY OF CALIFORNIA BERKELEY - INSTITUTE OF TRANSPORTATION
STUDIES, JUNE 9-10, 2004.
8. ADOPTION OF A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2004.
9. ADOPTION OF A RESOLUTON GIVING NOTICE AND CALL OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2004.
10. RATIFICATION OF A CONTRACT WITH EMERY LAND CLEARING EXECUTED BY
THE CITY MANAGER FOR THE DEMOLITION OF CERTAIN HOUSES ON
JEFFERSON STREET.
11. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SERVICES
DIRECTOR TO ATTEND THE LEAGUE OF CALIFORNIA CITIES COMMUNITY
SERVICES CONFERENCE IN MONTEREY, CALIFORNIA, JULY 28-30, 2004.
City Council Agenda 3 June 1, 2004 r
BUSINESS SESSION
1. "CONSIDERATIO-N 'OF ADOPTING A RESOLUTIO-N OF THE CITY COUNCIL
APPROVING STREET NAME CHANGE 2003-015 TO CHANGE THE NAME OF BETH
CIRCLE TO NORRIS DRIVE. APPLICANT: LA QUINTA POLO PARTNERS.
A. RESOLUTION ACTION
2. CONSIDERATION OF A RESOLUTION APPROVING THE PRELIMINARY ENGINEER'S
REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, FOR
FISCAL YEAR 2004/2005, AND A RESOLUTION DECLARING INTENT TO LEVY
ANNUAL ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT 89-1, AND GIVING NOTICE THEREOF.
A. RESOLUTION ACTION(S)
3. CONSIDERATION OF AN AWARD OF CONTRACT TO CONSTRUCT THE CITY OF
LA QUINTA MUNICIPAL LIBRARY, PROJECT NO. 2000-06.
A. MINUTE ORDER ACTION
4. CONSIDERATION OF FACILITY USE OF THE CIVIC CENTER CAMPUS BY THE
LA QUINTA ARTS FOUNDATION.
A. MINUTE ORDER ACTION
5. CONSIDERATION OF THE COMMUNITY SERVICES COMMISSION WORK PLAN
FOR FISCAL YEAR 2004/2005.
A. MINUTE ORDER ACTION
6. CONSIDERATION OF THE CULTURAL ARTS COMMISSION WORK PLAN FOR
FISCAL YEAR 2004/2005.
A. MINUTE ORDER ACTION
STUDY SESSION — NONE
City Council Agenda 4 June 1, 2004 4
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. ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE MINUTES OF APRIL 7,
2004
16. COMMUNITY SERVICES COMMISSION MINUTES OF MARCH 8, 2004
17. CULTURAL ARTS COMMISSION MINUTES OF APRIL 8, 2004
18. HISTORIC PRESERVATION COMMISSION MINUTES OF MARCH 25 AND APRIL 22,
2004
19. INVESTMENT ADVISORY BOARD MINUTES OF APRIL 14, 2004
20. PLANNING COMMISSION MINUTES OF APRIL 13 AND 27, 2004
DEPARTMENT REPORTS
1. CITY MANAGER
A. RESPONSE(S) TO PUBLIC COMMENTS
2. CITY ATTORNEY
3. CITY CLERK
A. REPORT ON UPCOMING EVENTS.
4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT - NONE
5. COMMUNITY DEVELOPMENT DIRECTOR'S MONTHLY REPORT - NONE
6. COMMUNITY SERVICES DIRECTOR'S REPORT - NONE
7. FINANCE DIRECTOR'S REPORT - NONE
8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT - NONE
9. POLICE CHIEF'S MONTHLY REPORT - NONE
10. FIRE CHIEF'S QUARTERLY REPORT - NONE
City Council Agenda 5 June 1, 2004
J
MAYOR'S AND COUNCIL MEMBERS' ITEMS
1. 'DISCUSSION REGARDING- FRED WARI,NG DRIVE IMPROVEMENTS IN FRONT OF
ESPLANADE DEVELOPMENT. (REQUESTED BY COUNCIL MEMBER OSBORNE)
RECESS TO REDEVELOPMENT AGENCY MEETING
RECESS TO 7:00 P.M.
7-On 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 speakers podium.
'PRESENTATIONS - NONE
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. A JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL OF THE CITY OF
LA QUINTA AND THE LA QUINTA REDEVELOPMENT AGENCY TO CONSIDER
ADOPTION OF: 1) A RESOLUTION OF THE CITY COUNCIL APPROVING A LOAN
BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE LA QUINTA
FINANCING AUTHORITY; AND 2) A RESOLUTION OF THE LA QUINTA
REDEVELOPMENT AGENCY APPROVING THE ISSUANCE OF ITS FIRST
SUPPLEMENTAL LOAN AGREEMENT, ESCROW DEPOSIT AND TRUST
AGREEMENT, OFFICIAL STATEMENT, A PURCHASE CONTRACT, AUTHORIZING
THE EXECUTIVE DIRECTOR TO SET THE FINAL TERMS OF THE APPROVAL OF
THE AGENCY LOAN, APPROVING THE PAYMENT OF COSTS OF ISSUING THE
AGENCY LOAN AND MAKING CERTAIN DETERMINATIONS RELATING THERETO.
A. RESOLUTION ACTION(S)
City Council Agenda 6 June 1, 2004 6
2. PUBLIC HEARING TO CONSIDER
IMPLEMENTATION OF A RED LIGHT
PROCESS TO AWARD CONTRACT.
A. RESOLUTION ACTION
ADJOURNMENT
A RESOLUTION AUTHORIZING THE
CAMERA PROGRAM AND DESIGNATE
Adjourn to a regularly scheduled meeting of the City Council to be held on June 15, 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, CA 92253.
DECLARATION OF POSTING
I, Phyllis Manley, Deputy City Clerk of the City of La Quinta, do hereby declare that the
foregoing agenda for the La Quinta City Council meeting of Tuesday, June 1, 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 1 1 1, on Friday, May 28, 2004.
DATED: May 28, 2004
k J.V_�
PHYLLIS MANLEY, Deputy City Clerk
City of La Quinta, California
Public Notices
The La Quinta City Council Chamber is handicapped accessible. If special
equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-
7025, twenty-four (24) hours in advance of the meeting and accommodations will be
made.
If special electronic equipment is needed to make presentations to the City Council,
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.
City Council Agenda 7 June 1, 2004
WRITTEN CORRESPONDENCE ITEM:
L
May 18, 2004
The Honorable Donald Adolph
Mayor of the City of La Quinta
City of La Quinta '
P.O. Box 1504
78-495 Calle Tampico
La Quinta, CA 92253
Re: Special Funding Request
Dear Don:
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THEATRE
73000 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260
(760) 346-6505
(760) 341-9508 PAx
W WW. MCCALLUMTHEATRE.COM
On behalf of the Board of Trustees of the McCallum Theatre, I request $50,000
from the City of La Quinta for underwriting support of the McCallumis2004-2005
educational and cultural programming that is now being finalized, with a special
focus on establishing a public performance designated City of La Quinta Night at
the McCallum. The City will receive Valley wide public recognition for this
underwriting program support.
The purpose of the grant is to: (1) help provide cultural opportunities for
Coachella Valley school children; (2) increase involvement of La Quinta residents
in the life of the McCallum Theatre and the cultural and entertainment
experiences it makes available to our desert community; and, (3) give increased
public recognition to the City of La Quinta as a partner with the cities of Palm
Desert, Rancho Mirage and Indian Wells in providing funding assistance to
enhance cultural and educational opportunities for its residents.
City of La Quinta Night at the McCallum will include one evening performance
selected jointly in the near future, after the full performance schedule is
confirmed. Then, I will submit a performance description, budget and marketing
strategy to complete. the formal application required by the City. Tickets to this
public performance will be offered at family friendly prices, with an additional
discount for residents of La :Quinta.
Depending upon the performance selected, I anticipate offering with this funding
a daytime presentation that will reach a minimum of 1,000 school children who
participate in the McCallum Theatre Institute Field Trip Series of free
performances. McCallum Theatre Institute — the education division of the
Theatre — reaches more than 22,500 school children each year, including
students from all La Quinta public schools. La Quinta students and classroom
teachers from Truman Elementary, John Adams Elementary and La Quinta
Middle School also participate in the Aesthetic Education Program offered by the
Institute.
a
IT'S YOUR THEATRE I THE MCCALLUM THEATRE FOR THE PERFORMING ARTS AT THE BOB HOPE CULTURAL CENTER
City of La Quinta
May 18, 2004
Page 2
Arts education programs of the McCallum Theatre Institute represent an annual
investment of over $600,000 by the Theatre. A description of these programs is
enclosed. Funding from the City of La Quinta will help make these educational
experiences available to many children who would not otherwise have access to
them. Fifty-nine percent of students served are from low- and moderate -income
families.
In addition to providing La Quinta residents with increased access to the cultural
and educational benefits the McCallum provides, the expanded partnership
between the Theatre and the City will give added visibility to the leadership role
the City of La Quinta is playing to enhance the cultural vitality of our desert
communities.
Thank you for your consideration of this special request. Please call me if you
have any questions or require additional information at this time.
With warm regards,
Ted Glass
PCEO
TG:eps
Enclosures
copy: Stanley Sniff, Mayor Pro Tern
Terry Henderson, Council Member
Ron Perkins, Council Member
Lee Osborne, Council Member
Tom Genovese, City Manager
WRITTEN CORRESPONDENCE ITEM:
TO: The City of La Quints City Council
FR.- Village Business Owners
RE: Village Parking and Security Issues
DATE: May 13, 2004
The City of La Quinta has done a fabulous job of developing projects in the "Village"
which has created a commercial center badly needed by our city. The new fountains,
park areas and various projects are all beautiful additions to our city.. With the growth
and success of these projects, parking and security have become a concern for Village
business owners.
The undersigned business owners respectfully ask that the City Council consider the
following:
1. Parking
a. "Fast Track" the proposed parking structure on Ave Bermudas. Patrons
in Old Town La Quinta are in dire need of additional parking, as well as,
businesses along Desert Club, Ave Bermudas, La Fonda, Calle Cadiz and
Calle Estado.
b. Designate SOME 2 hour parking spaces along Calle Estado and La
• - . Fonda. • ` .
c. Additionally, business owners would like the City to utilize the city -
..owned lot at Amigo/Desert Club/Ave Bermudas/Ave 52nd "(Lots# 770-
183-007 through 770-183-012) as parking. This would provide parking
for the City Park, Palmer's, All -State, Vista Montana Building, as well as
other projects scheduled along Amigo This is critical to future
development of this area.
2: Police Patrol: The business owners would like to request either a dedicated
foot' or bike patrol for the area.
Business Name Name
�311117TMI
Phone#
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International of the Americas
WRITTEN CORRESPONDENCE ITEM:
La Quinta / Coachella Valley
P.O. Box 1081 La Quinta, CA 92247
MAY 2 6 2004
May 25, 2004 �
Mayor Don Adolph
La Quinta City Council Members
P.O. Box 1504
La Quinta, California 92253
Mayor Adolph and Council Members:
Soro timist International of La Quinta has been a number one service dub in La
Quinta for twenty years. Many of our members have been prominent citizens of
La Quinta, donating money and lots of time to make our city a good place to woo
and live. We merged with S.I. of Coachella Valley (Indio Club) a few years ag
We have been meeting at the La Quinta Senior Center and call it home now. We
have donated time, money, and good publicity to the Center. We are welcomed s
there almost every Tuesday morning 7:00 A.M. to 8:30 A.M. Our meeting only lasts
e
an hour, but we need time to set up the tables and chairs and make the coffee r
do not use the kitchen otherwise. We provide our own coffee, condiments, a papa
goods. We do not meet July and August, Thanksgiving time, Christmastime, election
Tuesdays, special luncheons elsewhere, etc. We meet about 33 Tuesdays a year
there. No one else uses the center at that time, so we are not interfering with
other
programs.
o ears we have one through the grant process, but we were hoping this
The last two y 9
year you might make an exception as you sometimes do for other organizations.
We are asking you to consider this request now, so that we can list our meeting place
in the Soroptimist Golden West Region Roster that goes to print July 1 st..
Thank you for your prompt attention to this matter and we will appreciate a positive
answer.
Beverly Montgomery, Charter Member
Soroptimist International of La Quinta - Coachella Valley
P.O. Box 1081
La Quinta, California 92253
760-564-3317 - 760 564-4597 Fax
CC Tom Genevese, City Manager
`13
COUNCIL/RDA MEETING DATE: JUNE 1, 2004
ITEM TITLE:
Demand Register Dated June 1, 2004
RECOMMENDATION: Approve Demand Register Dated June 1, 2004
BACKGROUND:
Prepaid Warrants:
58599 - 58616)
349221.35
VOID58595)
(1,2399660.45)
58617 - 586181
19239,660.45
58619 - 58641)
42,984.66,
Wire Transfers)
35,211.04
P/R 32080 - 3221321
127,137.23
P/R Tax Transfers)
34,669.39
Payable Warrants:
58642 - 588121
257115501.41
$2,9855725.08
FISCAL IMPLICATIONS:
Demand of Cash -City
Demand of Cash -RDA
ohn M. Falconer, Fi
1
Director
$2,9315464.59
$54,260.49
AGENDA CATEGORY:
BUSINESS SESSION
CONSENT CALENDAR
STUDY SESSION
PUBLIC HEARING
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CITY OF LA QUINTA
BANK TRANSACTIONS 5/12/04 - 5/25/04
5/21/04 WIRE TRANSFER - ICMA $8,285.23
5/21/04 WIRE TRANSFER - PERS $19,877.81
5/17/04 WIRE TRANSFER - VISTA DUNES RELOCATION $7,048.00
TOTAL WIRE TRANSFERS OUT $35,211.04
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50
COUNCIL/RDA MEETING DATE: June 1, 2004
ITEM TITLE: Approval of Amendment No. 1 to
Lease Agreement with the Boys and Girls Club of
the Coachella Valley
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve Amendment No. 1 to the Lease Agreement with the Boys and Girls Club of
the Coachella Valley.
FISCAL IMPLICATIONS:
This project was, identified in Fiscal Year 2003-04 Capital Improvement Program
with a budgeted amount of $355,000. Additional funding is not required.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Contained in Fiscal Year 2003-04 Capital Improvement Program was Project
200304-Addition to the Boys and Girls Club (Attachment 1). This project would
fund the installation of air conditioning units at the Boys and Girls Club gymnasium,
as well as add approximately 1,000 square feet of space that could be used for a
weight room and staff office.
The Boys and Girls Club of the Coachella Valley has a Lease Agreement
(Attachment 2) with the City in which their facility is built upon City property. In
addition to the Lease Agreement, the City also has a Joint Use Agreement
(Attachment 3) with the Boys and Girls Club in which the City uses the facility
Monday — Saturday. The City has use of the facility Monday through Friday after
the regular hours of the Boys and Girls Club.
11
r
�
Currently, the gymnasium at the Boys and Girls Club does not have air conditioning.
The City uses the gymnasium at night for the open gym program. Approximately
50 people use the gym during the evening. The gymnasium can become extremely
uncomfortable with the amount of people and activity taking place. The staff of
the Boys and Girls Club would also welcome the air conditioning units, as their
students use the gymnasium during hot weather.
The Boys and Girls Club staff has offered to research the equipment and make a
selection of equipment that would provide the necessary cooling for the
# gymnasium.
In addition to the air conditioning units, the City would like to offer a weight room
to residents. This facility would be open during the time the City has use of the
Boys and Girls Club via the Joint Use Agreement. The weight room would belong
to the City however, would share a common wall with the gymnasium.
Amendment No. 1 to the Lease Agreement (Attachment 4) would allow the City to
construct the weight room and office space adjoining the Boys and Girls Club, as
well as have the air conditioning units installed.
Staff is currently researching the most cost effective manner in which to have the
weight room designed and added to the existing building. However, the Boys and
Girls Club would like to have the air conditioning units installed before summer.
Section 6 of Amendment No. 1 allows for the City to reimburse the Boys and Girls
Club up to $100,000 for the installation of the air conditioning units. Once
installed, the units will be the property and responsibility of the Boys and Girls Club.
Pursuant to the reimbursement clause, the Boys and Girls Club can have the air
conditioning units installed prior to summer.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve Amendment No. 1 to the Lease Agreement with the Boys and Girls
Club of the Coachella Valley; or
2. Do not approve Amendment No. 1 to the Lease Agreement with the Boys
and Girls Club of the Coachella Valley; or
3. Provide staff with alternative direction.
02
Respectfully submitted,
ie HorAz, Community Services Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Project 200304/ Fiscal Year 2003-04 CIP
2. Lease Agreement with the Boys and Girls Club of the
Coachella Valley
3. Joint Use Agreement with the Boys and Girls Club
4. Amendment No. 1 to Lease Agreement
03
CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL ATTACHMENT 1
Project Type: Public Facility
Project: 200304 - Addition to the Boys and Girls Club
Description
The additon to the Boys and Girls Club shall include the installation of air conditioning within the gymnasium; additional office space
and separate entrance; and weight room equipment.
Revenue Amounts
New AppropdaUon by Fiscal Year
Prior Balance A/
Category Appropriation 06/30/03
2004105 2005106 2006107 2007/08 Total
General Fund
0
Infrastructure
0
Project Area 1
355,000 355,000
Project Area 2
0
DIF - Transportation
0
DIF - Parks & Recreation
0
DIF - Civic Center
0
DIF - library
0
DIF - Community Center
0
DIF - Maintenance Facility
0
Other: RCTC Measure"A"
0
Other.
0
Revenue Amount Total 0 01
355,000 0 0 0 0 355 000
Expense Amounts
Prior Balance A/O
Category Appropriation 06/30/03 2004105 2005106 2006107 2007108 Total
Administration 17,750 17,750
Engineering 35,500 35,500
Construction 231,638 231,638
Inspection 34,612 34,612
Professional 0
Other: Contingency 35,600 35,500
Other Land A uisitlon 0
Expense Amount Total 0 01 355,000 0 0 0 0 355,000
General Fund
Other.
Operating Cost Total
0 0
Project Status:
Percent Complete
dditlorn
Planning and Programming
0%
Schematic Design
0%
Design Development
0%
Construction Documents
0%
Shading represents the current Fiscal Year.
7 2007108 Total
0
0
0 0 0
Printed: 20-Mar-03
• r 4
Page 29
ATTACHMENT 2
LEASE AGREEMENT
by and between
CITY OF LA QUINTA
"Lessor"
and
BOYS AND GIRLS CLUB OF COACHELLA VALLEY
"Lessee"
5
TABLE OF CONTENTS
Page
ARTICLE I. TERM OF LEASE
1.1 Premises ................................... 1
1.2 Reservation ................................ 1
1.3 Exceptions to Leasehold Estate ............. 1
1.4 Term ....................................... 1
1.5 Date of Lease and Legal Effect ............. 1
ARTICLE II. DEVELOPMENT AND OWNERSHIP OF IMPROVEMENTS
2.1 Construction, Inspection by Lessor
and Right to Improvements ................ 2
2.2 Cost and Expense of Improvements ........... 2
2.3 .Lessor Assistance .......................... 3
ARTICLE III. RENT
3.1 Net Lease .................................. 3
3.2 Minimum Rent ............................... 4
3.3 Additional Payments ........................ 4
3.4 Place of Payment; Late Payments 4
ARTICLE IV. USE OF PREMISES AND COMPLIANCE WITH LAW
4.1 Permitted Uses ............................. 4
4.2 Nondiscrimination .......................... 5
ARTICLE V. PAYMENT OF EXPENSES ........................ 5
ARTICLE VI. MAINTENANCE OF PREMISES
6.1 Obligations for Maintenance ................ 5
6.2 Standard of Maintenance .................... 6
6.3 Liens ...................................... 6
6.4 Lessor's Substitute Performance ............ 6
ARTICLE VII. INSURANCE AND INDEMNITY
7.1 Lessee's Insurance 7
7.2 Cost of Living Adjustment .................. 9
7.3 Covenant to Indemnify and Hold Harmless 10
7.4 Waiver of Subrogation 11
(i)
69
�s
Page
ARTICLE VIII. UTILITY CHARGES ............................ 11
ARTICLE IX.
ARTICLE X.
10.1
10.2
10.3
10.4
10.5
ARTICLE XI.
11.1
11.2
ALTERATIONS AND ADDITIONS .................. 11
CASUALTY LOSS AND RESTORATION
Non -Termination ............................ 12
Damage and Duty to Restore 12
Right to Terminate Lease ................... 12
No Obligation of Lessor to Restore ....... 13
Continued Operations 13
ASSIGNMENT AND SUBLETTING
Agency's Consent Required 13
Lessee Remains Obligated ................... 13
ARTICLE XII. DEFAULT
12.1 Events of Default .......................... 14
12.2 Remedies ................................... 14
12.3 Default by Lessor .......................... 17
12.4 Legal Expenses and Collection Costs 17
ARTICLE XIII. HOLDING OVER ............................... 17
ARTICLE XIV. ACCESS BY LESSOR ........................... 17
ARTICLE XV. QUIET ENJOYMENT ............................ 18
ARTICLE XVI. TAXES ...................................... 18
ARTICLE XVII. FORCE MAJEURE .............................. 18
ARTICLE XVIII FINANCING/HYPOTHECATION .................... 19
18.1 Mortgages .................................. 19
18.2 No Settlement Without Mortgagee Consent .... 23
18.3 No Subordination ........................... 23
70
�7
Page
ARTICLE XIX RENEWAL OPTION
19.1 Option to Extend 23
19.2 Continuation of Terms 23
ARTICLE XX. MISCELLANEOUS
20.1 Press Releases ............................. 24
20.2 Waiver ..................................... 24
20.3 Notices .................................... 24
20.4 Relationship of Parties 24
20.5 Accord and Satisfaction .................... 24
20.6 Time of Essence 25
20.7 Remedies Cumulative ........................ 25
20.8 .Effect of Invalidity ....................... 25
20.9 Successors and Assigns ..................... 25
20.10 Entire Agreement ........................... 25
20.11 Interest on Past -Due Obligations ........... 26
20.12 Execution of Lease; No Option .............. 26
20.13 Corporate Authority ........................ 26
20.14 Controlling Law ............................ 26
20.15 Specific Performance 26
20.16 Survival of Indemnities and Warranties 26
20.17 Estoppel Certificate ....................... 27
EXHIBIT A - Description of Premises
EXHIBIT B - Scope of Development
71
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease") is entered into
this day of , 1992, by and between the CITY
OF LA QUINTA ("Lessor"), a municipal corporation formed under
the laws of the State of California, and the BOYS AND GIRLS
CLUB OF COACHELLA VALLEY, a California
("Lessee").
In consideration of the payments to be made hereunder
and the covenants and agreements contained herein, the parties
hereto agree as follows:
ARTICLE I. TERM OF LEASE
1.1 Premises. Lessor is currently the owner of that
parcel of real property located in the City of La Quinta,
legally described in Exhibit "A" attached hereto and
incorporated herein by this reference (the "Premises"). The
address of the Premises is , La Quinta,
California. Lessor agrees to lease to Lessee and Lessee agrees
to lease from Lessor the Premises upon the terms and conditions
expressed herein.
1.2 Reservation. Lessor reserves to itself, its
successors, and assigns, together with the right to grant and
transfer all or a portion of the same, the non-exclusive right
to enter upon the Premises in accordance with any rights of
Lessor set forth in this Lease.
1.3 Exceptions to Leasehold Estate. This Lease is made
subject to all covenants, conditions, restrictions,
reservations, rights, rights -of -way, easements, and all other
matters of record or apparent upon a visual inspection of the
Premises affecting the Premises or the use thereof on the date
this Lease is executed by Lessee.
1.4 Term. The "Term" of this Lease shall be forty (40)
years, commencing on the date (the "Term Commencement Date")
that Lessor has obtained a building permit for the Improvements
(as herein defined) to be constructed by Lessee on the
Premises.
1.5 Date of Lease and Legal Effect. The terms, covenants
and conditions of this Lease shall become legally binding on
the Term Commencement Date.
4 ��
ARTICLE II. DEVELOPMENT AND OWNERSHIP OF IMPROVEMENTS
2.1 Construction, Inspection by Lessor and Right to
Improvements.
Lessee shall construct or cause to be constructed the
improvements on the Premises as set forth in the Scope of
Development attached hereto as Exhibit "B" and made a part
hereof ("Improvements") which Improvements shall include a
youth center of approximately 24,000 square feet on the corner
of Park Avenue and Avenue 50 in the City of La Quinta.
Building permits shall be obtained and construction begun on
the Improvements within one (1) year of the date of the
execution of this Lease. Lessee shall provide status reports
to Lessor concerning all actions taken towards commencing
construction at six (6)-month intervals from the date of
execution of this Lease by the Lessor until a certificate of
occupancy has been issued for the Improvements. Completion of
construction shall be within eighteen (18) months of the
issuance of building permits for the Improvements. Lessee
covenants with Lessor that the Improvements of whatsoever
nature constructed by Lessee on the Premises shall be
constructed at Lessee's sole cost and expense in a good
workmanlike manner according to and in conformity with plans
and specifications to be submitted to Lessor pursuant to
Section 2.2 below and in compliance with all applicable
municipal building and zoning laws and with all other laws,
ordinances, orders, rules, regulations and requirements of
federal, state and municipal governments and appropriate
departments, commissions, boards and officers thereof. At all
times during construction, and prior to completion, of the
Improvements, Lessor shall have the right, after not less than
twenty-four (24) hours notice to Lessee, to enter upon the
Premises in the company of a representative of Lessee for the
purpose of inspecting the same, provided that such entry and
inspection shall not unreasonably interfere with Lessee's
construction of the Improvements. Any and all Improvements
which are made by Lessee to the Premises shall be owned by
Lessee during the Term but shall remain a part of the Premises
and be surrendered therewith at the end of the Term or sooner
termination of this Lease, at which time the same shall become
the property of Lessor.
2.2 Cost and Expense of Improvements. Except as set forth
in Section 2.3 hereof, the entire cost and expense of
constructing any and all Improvements on the Premises shall be
borne and paid by Lessee, and Lessee shall hold and save Lessor
and the Premises harmless from any liability whatsoever on
account thereof. Before commencement of the construction of
any Improvements, and before any materials in connection with
such construction are delivered to the Premises, Lessee shall
comply with the following conditions:
01/24/92 7 3
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.Lp
(a) Notify Lessor of Lessee's intention to commence
a work of improvement at least fifteen (15) days before
commencement of any such work or delivery of any materials in
connection therewith to the Premises. The notice shall specify
the approximate location and nature of the intended
Improvements. Lessor shall have the right to post and maintain
on the Premises any notices of nonresponsibility provided for
under applicable law, and, after not less than twenty-four (24)
hours notice to Lessee, to inspect the Premises, at all
reasonable times and in the company of a representative of
Lessee, in relation to such construction, provided that such
entry shall not unreasonably interfere with such demolition
and/or construction.
(b) Deliver to Lessor for Lessor's approval, which
approval shall not be unreasonably withheld, a set of final
construction plans and specifications prepared by a licensed
architect or engineer as approved by all appropriate
governmental agencies and authorities.
2.3 Lessor Assistance. Lessor shall assist Lessee in the
amount equal to the costs of payment of all required municipal
permit fees (collectively, the "Lessor Assistance").
ARTICLE III. RENT
3.1 Net Lease. It is the intent of the parties hereto
that the rent provided herein shall be absolutely net to Lessor
and that Lessee shall pay all costs,,charges and expenses of
every kind and nature against the Premises and any Improvements
which may arise or become due during the Term and which, except
for execution and delivery hereof, would or could have been
payable by Lessor.
3.2 Minimum Rent. During the Term of this Lease, Lessee bq�o
shall pay to Lessor as rental for the use and occupancy of the
Premises, ground rental for each year from the Term
Commencement Date of One.Dollar ($1.00) (the "Rent"). The Rent
owing for the full Term of the Lease shall be payable in
advance of the Term Commencement Date.
3.3 Additional Payments. Except as otherwise provided in
this Lease, all sums of money or charges whatsoever required to
be paid by Lessee to Lessor under this Lease other than Rent
shall be due and payable fifteen (15) days after demand,
presented in writing by certified mail, without any deductions
or offsets whatsoever. Lessor shall have no obligation to bill
Lessee for annual Rent, security charges, or other operational
expenses. Lessee's failure to pay any such amounts or charges
01/2 4/92
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1I
when due shall carry with it the same consequences as Lessee's
failure to pay Rent and shall be deemed to be additional Rent.
3.4 Place of Payment; Late Payments. Lessee agrees to pay
the rental and other charges herein reserved to Lessor at
78-105 Calle Estado, La Quinta, California 92253, payable to
Lessor or to such other person and/or at such other location as
Lessor may from time to time designate in writing. All
payments shall be made by check for an account in lawful money
of the United States. All payments requiring proration shall
be prorated on the basis of a thirty (30) day month.
ARTICLE IV. USE of PREMISES AND COMPLIANCE WITH LAW
4.1 Permitted Uses. Lessor's primary purpose for entering
into this Lease is to provide for the operation of the
Improvements as a youth center for providing a variety of quality
programs for children between the ages of 7 and 18. Included
within the youth center shall be a gymnasium, an education center
for reading and computers, a multipurpose room, a kitchen, a
weight room, an exercise room, a games room for junior and senior
members, locker rooms, a clinic, administrative offices, an
outdoor play area, and a swimming pool. Lessee shall not use the
Premises for any other purposes without prior written consent of
the Lessor.
Lessor and other nonprofit community organizations shall have
the right from time to time to utilize the premises or
appropriate portions thereof in connection with official city
functions and/or other community programs, provided, however,
that Lessor shall have first requested and obtained the consent
of Lessee to such use, which consent Lessee shall not
unreasonably withhold.
Lessee, at Lessee's expense, shall promptly comply with all
present and future laws, ordinances, orders, rules, regulations
and requirements of all governmental authorities having
jurisdiction affecting the Premises and Improvements or the
cleanliness, safety, occupancy and use of same, whether or not
any such law, ordinance, order, rule, regulation or requirement
is substantial, or foreseen or unforeseen, or ordinary or
extraordinary or shall necessitate structural changes of the
Improvements or interfere with the use and enjoyment of the
Premises.
4.2 Nondiscrimination. Lessee covenants for itself, its
heirs, executors, administrators, and assigns, and all persons
claiming under or through it, that this Lease is made and
accepted upon and subject to the condition that there shall be no
discrimination against or segregation of any person or group of
01/24/92
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12
persons on account of race, color, creed, religion, sex, national
origin, ancestry, political affiliation or physical handicap
associated with the construction, operation and maintenance of
the Premises.
ARTICLE V. PAYMENT OF EXPENSES
Lessee shall pay all of the costs and expenses in the
operation, management, and maintenance of the Improvements. Such
expenses shall include, without limitation, the following:
(i) expenses incurred by Lessee for general maintenance,
painting, lighting, cleaning, trash removal, security, fire
protection; and (ii) the actual cost of repairs to the
Improvements.
ARTICLE VI. MAINTENANCE OF THE PREMISES
6.1 Obligations for Maintenance. Lessee, at Lessee's
expense without cost to Lessor, shall maintain in good order,
condition, quality, and repair, the Improvements and every part
thereof and any and all appurtenances thereto wherever located,
and all other repairs, replacements, renewals and restorations,
ordinary and extraordinary, foreseen and unforeseen.
6.2 Standard of Maintenance. Lessee shall keep and maintain
the Premises and the Improvements in a clean, sanitary and safe
condition in accordance with the laws of the State of California
and in accordance with all directions, rules and regulations of
the health officer, fire marshall, building inspector or other
proper officials of the governmental agencies having
jurisdiction, and Lessee shall comply with all requirements of
laws and ordinances affecting the Premises and the Improvements,
all at the sole cost and expense of Lessee. At the time of the
expiration of the tenancy created herein, Lessee shall surrender
the Premises and the Improvements thereon in good order,
condition and repair.
6.3 Liens. Lessee shall keep the Premises, the
Improvements, or any part thereof free from any and all liens
arising out of any work performed, materials furnished or
obligations incurred by or for Lessee, and agrees to cause to be
discharged any mechanic's or materialmen's lien of record within
twenty (20) days after the lien has been filed or within ten (10)
days after receipt of written request from Lessor, whichever
shall be the sooner. Lessee shall give Lessor at least fifteen
(15) days written notice prior to commencing or causing to be
commenced any work on the Premises (whether prior or subsequent
to the commencement of the Term), so that Lessor shall have
reasonable opportunity to file and post notices of
non -responsibility for Lessee's work. Lessor may condition its
consent to any work upon Lessee posting lien and material and/or
01/24/92
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-
13
completion bonds in amounts as may be necessary to cover
the anticipated cost of such work and potential overruns.
Lessee shall reimburse Lessor for any and all costs and
expenses which may be incurred by Lessor by reason of the
filing of any such liens and/or removal of same, such
reimbursement to be made within then (10) days after receipt by
Lessee from Lessor of a statement setting forth the amount of
the costs and expenses.
6.4 Lessor's Substitute Performance. In the event Lessee
fails, refuses or neglects to commence and complete promptly
and adequately any of the required repairs or maintenance, to
remove any lien, to pay any cost or expense relating to such
matters, or to otherwise perform any act or fulfill any
obligation required of Lessee pursuant to Section 6.1, Lessor
may, but shall not be required to, make or complete any such
repairs, remove such lien, or pay such cost and expense, and
Lessee shall reimburse Lessor for all costs and expenses of
Lessor thereby.incurred within fifteen (15) days after receipt
by Lessee from Lessor of a statement setting forth the amount
of such costs and expenses which shall be deemed to be
additional, Rent and subject to the same consequences as herein
provided for failure to pay Rent. Any amounts owed to Lessor
under this Article VI shall accrue interest at the rate of ten
percent (10%) per annum until payment is received by Lessor.
If reasonably possible under the circumstances, Lessor shall
give Lessee written notice fifteen (15) days prior to
commencement of any substitute performance. Any failure by
Lessor to give such notice, however,'shall not prejudice
Lessor's rights hereunder or alter Lessee's obligations
hereunder. Lessor's rights and remedies pursuant to this
Section 6.4 shall be in addition to any and all other rights
and remedies provided under this Lease or at law.
ARTICLE VII. INSURANCE AND INDEMNITY
7.2 Lessee's Insurance.
(a) Types. Lessee, at no cost and expense to
Lessor, shall procure and keep in full force and effect during
the Term or cause to be procured and kept in full force and
effect for the mutual benefit of Lessor and Lessee, insurance
policies meeting the minimum requirements set forth below or
such greater requirements that are generally obtained from time
to time for properties, improvements, activities, and
operations similar to those on the Premises in the Southern
California area:
01/24/92 77
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14
(i) comprehensive general liability insurance
with respect to the Premises and the operations of or on
behalf of Lessee or its agents, officers, directors, and
employees in, on or about the Premises in an amount not
less than One Million Dollars ($1,000,000) per occurrence
combined single limit bodily injury, personal injury, death
and property damage liability per occurrence, subject to
such increases in amount as Lessor may reasonably require
from time to time. Coverage shall include, but not be
limited to personal injury liability, premises and
operation, blanket contractual, cross liability,
severability of interest, broad form property damage, and
independent contractors. The policy or policies shall
include that Lessor and its officers, employees, and agents
shall be additional insureds under such policy or
policies. The adequacy of general liability coverage
carried by Lessee may be reviewed and modified by Lessor to
assure adequate liability coverage during the entire Term;
provided, however, that the specified limits are not
increased more frequently than once every three (3) years.
Should Lessor and Lessee fail to agree on an appropriate
adjustment to coverage, the increase if any shall be equal
to the total percentage increase in the CPI as defined in
Section 7.2 below from the time the limit then in effect
was established to the date of Lessor's notice to Lessee to
increase coverage limits, provided the cost for such
increased coverage is either commercially reasonable or
consistent with limits on insurance maintained for similar
developments in the area for which the Leased Land is
located;
(ii) worker's compensation coverage as required
by the laws of the State of California together with
employer's liability coverage;
(iii) with respect to the Improvements,
fixtures, furnishings, equipment and other items of
personal property located on or in the Premises, insurance
against fire, peril of flood, earthquake, extended
coverage, vandalism and malicious mischief, and such other
additional perils, hazards and risks as now are or may be
included in standard "all risk" forms in general use in
Riverside County, California, for an amount equal to not
less than the full current actual replacement cost
thereof. Lessor shall be an additional insured under such
policy or policies and such insurance shall contain a
replacement cost endorsement;
(b) Standard. All policies of insurance required
to be carried by Lessee under this Lease shall be written by
responsible and solvent insurance companies rated A or better
01/24/92
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-5
by the Best Key Rating Guide and authorized to do business in
the State of California. Any such insurance required of Lessee
hereunder may be furnished by Lessee under any blanket policy
carried by it or under a separate policy therefor. A,copy of
each paid -up policy evidencing such insurance (appropriately
authenticated by the insurer) or a certificate of the insurer,
certifying that such policy has been issued, providing the
coverage required by this Section and containing provisions
specified herein, shall be delivered to Lessor prior to the
date Lessee is given the right of possession of the Premises or
as Lessor may otherwise require, and upon renewals, not less
than thirty (30) days prior to the expiration of such
coverage. Lessor may, at any time, and from time to time,
inspect and/or copy any and all insurance policies required to
be procured by Lessee hereunder. In no event shall the limits
of any policy -be considered as limiting the liability of Lessee
under this Lease.
(c) Specific Provisions in Policy. Each policy
evidencing insurance required to be carried by Lessee pursuant
to this Article shall contain the following provisions or
clauses:
(i) a provision specifying that the City of La
Quinta shall be named as an additional insured under the
policy;
(ii) a provision
cancel or materially change
policy without first giving
written notice; and
that the insurer will not
the coverage provided by such
Lessor thirty (30) days' prior
(iii) a waiver by the Lessee's insurer of any
right to subrogation against Lessor, its agents, employees
or representatives which arises or might arise by reason of
any payment under such policy or policies or by reason of
any act or omission of Lessor, its agents, employees or
representatives.
(d) Lessor's Substitute Performance. In the event
that Lessee fails to procure, maintain and/or pay for at the
times and for the durations specified in this Section 7.1, any
insurance required by this Section, or fails to carry insurance
required bylaw or governmental regulation, Lessor may (but
without obligation to do so) at any time or from time to time,
after thirty (30) days written notice to Lessee, procure such
insurance and pay the premiums therefor, in which event Lessee
shall repay Lessor all sums so paid by Lessor together with ten
percent (10%) interest per annum thereon.
01/24/92 70
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7.2 Cost of Living Adjustment.
The cost of living adjustment to the amount of general
liability insurance to be carried by Lessee to be made should
Lessor and Lessee fail to agree on an appropriate adjustment
shall be determined in the manner and pursuant to the following
formula:
I = W x A
P
In such formula "I" represents the adjusted amount of
general liability insurance to be held by Lessee during the
Lease Years for which amount of insurance coverage is being
computed under such formula; "W" represents the amount of
general liability coverage held by Lessee immediately prior to
the adjustment being computed; "A" represents the Consumer
Price Index ("CPI" herein) for All Urban Consumers, all items,
most recently published and released prior to the adjustment
date being computed, for the Riverside area as reported by the
U.S. Department of Labor, Bureau of Labor Statistics based upon
the establishment of one hundred (100) as the index for the
year 1982/84; -"P" represents the CPI most recently published
and released prior to the last adjustment date.
If the CPI which is used or published for any relevant
time as provided in this Lease is based upon the establishment
of 100 as the price index for the year or a group of years
other than 1982/84, the CPI to be substituted for "A" in the
above formula shall be -computed by converting the index as then
issued or published to the basis of 100 as the price index for
1982/84. In the event that no such index is issued or
published within one (1) year previous to each period for which
such amount of general liability insurance is being adjusted
and computed hereunder or that said Bureau should cease to
publish said index figure, then any similar index published by
any other branch or department of the U. S. Government shall be
used and if none is so published, then another index generally
recognized as authoritative shall be substituted by agreement.
In any event, the base used by any index shall be reconciled to
the 1982/84 index.
It shall be the duty and obligation of Lessor to make
the computations and determinations pursuant to this Section
and to communicate the results to Lessee, together with working
papers to support the computation;
7.3 Covenant to Indemnify and Hold Harmless. Lessee
covenants to defend and indemnify Lessor, its officers,
directors, partners, representatives, agents and employees, and
save them harmless from and against any and all claims,
actions, losses, damages, liability, and expenses, including
01/24/92 i, t , $ U
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17
attorneys' fees, in connection with the loss of life, bodily
injury and/or damage to property arising from or out of or in
connection with any occurrence in, upon or at the Premises, or
the construction of improvements, the occupancy or use by
Lessee of the Premises or any part thereof, or arising from or
out of Lessee's failure to comply with any provision of this
Lease or otherwise occasioned wholly or in part by any act or
omission of Lessee, its agents, directors, representatives,
contractors, employees, servants, invitees or licensees,
excepting that the foregoing indemnification and hold harmless,
provision shall not apply in the event of any uninsured willful
or actively negligent misconduct on behalf of Lessor or any of
its agents, representatives, or employees, or in the event any
such claims, actions, losses, damages, liability, costs, or
expenses arise out of a breach by Lessor of its obligations
under this Lease.
If Lessor is made a party to any litigation commenced
by or against Lessee, then Lessee shall protect, defend and
hold Lessor harmless and shall pay all costs, expenses and
reasonable attorneys' fees incurred or paid by Lessor in
connection with such litigation. Lessor may, at its option,
require Lessee to assume Lessor's defense in any action covered
by this Section 7.3 through counsel selected by Lessor and
reasonably satisfactory to Lessee. Lessee, as a material part
of the consideration to Lessor, hereby assumes all risk of
damage to property or injury to persons in, upon or about the
Premises and Improvements from any cause whatsoever, and Lessee
hereby waives all its -claims in respect thereof against Lessor
excepting only damage or injury arising out of (i) the
uninsured willful or actively negligent misconduct of Lessor or
any of its agents, representatives, or employees, or (ii) a
breach by Lessor of its obligations under this Lease.
7.4 Waiver of Subrogation. Each party hereto does hereby
waive, remise, release and discharge the other party hereto and
any officer, director, shareholder, beneficiary, partner,
agent, employee or representative of such other party, of and
from any liability whatsoever hereafter arising from loss or
damage for which insurance containing a waiver of subrogation
is carried by the injured party under such insurance. Lessee
shall, upon obtaining the policies of insurance required
hereunder, give notice to the insurance carrier or carriers
that the foregoing mutual waiver of subrogation is contained in
this Lease.
ARTICLE VIII. UTILITY CHARGES
Lessee shall pay all charges for gas, water, sewer,
electricity, telephone and other utility services or franchise
supplier used on or in the Premises. If any such charges are
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not paid when due, Lessor may pay the same after giving Lessee
fifteen (15) days prior written notice, and any amount so paid
by Lessor shall thereupon become due to Lessor from Lessee as
additional Rent.
ARTICLE IX. ALTERATIONS AND ADDITIONS
Without Lessor's prior written consent, which consent may
be withheld or granted in Lessor's reasonable discretion,
Lessee shall not have the right to make changes or alterations
to the Improvements or the Premises, except on the following
conditions:
(a) Lessee shall not make any alterations, whether
structural or non-structural, which will decrease the value of
the Premises or the Improvements. If the cost of such changes
or alterations to the Improvements or the Premises exceeds Five
Thousand Dollars ($5,000), Lessee shall submit to Lessor plans
and specifications for approval.
(b) Before the commencement of any work, Lessee
shall pay the amount of any increased premiums on insurance
policies provided for hereunder;
(c) Lessor shall in no event be required to make any
alterations, rebuilding, replacement, changes, additions or
Improvements or repairs to the Premises, except as specifically
provided in this Lease;
(d) All such changes, alterations, rebuilding,
replacements, additions, improvements and repairs to the
Premises made by Lessee shall be deemed to have attached to the
realty and to have become the property of Lessor upon the
expiration of the Term or upon sooner termination of this Lease.
ARTICLE X. CASUALTY LOSS AND RESTORATION
10.1 Non -Termination. Except as provided herein, no
destruction or damage to the Improvements or the Premises by
fire, windstorm or other casualty whether insured or uninsured
shall entitle Lessee to terminate this Lease.
10.2 Damage and Duty to Restore. In case of damage to or
destruction of the Improvements caused by an event required to
be covered by insurance pursuant to Article 7 hereof, Lessee's
rental obligations shall continue as provided in Article 3
above, and Lessee shall promptly, at its sole cost and expense,
restore, repair, replace or rebuild improvements of comparable
value as existed on the Premises immediately prior to such
damage or destruction. Such restoration, repairs, replacements
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or rebuilding shall be commenced promptly and prosecuted with
reasonable diligence. All work required to be performed by
Lessee under this Section shall be performed pursuant to all of
the provisions of Article 2.
10.3 Right to Terminate Lease. Notwithstanding the
provisions of Section 10.1 above, (a) if the damage to or
destruction of the Improvements is caused by an event not
required to be covered by insurance pursuant to Article 7
hereof, or (b) if during the last ten (20) years of the Term as
may be extended by the option provision in Article XIX herein,
the Improvements shall be damaged or destroyed by fire or any
other casualty whatsoever to the extent of fifty percent (50%)
or more of the full replacement value of the Improvements
existing on the Premises immediately prior to such damage or
destruction, within ninety (90) days after such damage or
destruction, Lessee shall have the right to terminate this
Lease. Said right shall be exercised by serving written notice
upon Lessor within sixty (60) days of such damage or
destruction. Lessee shall continue to perform all obligations
of the Lessee hereunder until such termination is effected, and
Lessor shall be entitled to retain that portion of the
insurance proceeds otherwise payable to Lessee pursuant to
Article 13. In the event that Lessee elects not to rebuild,
and to terminate this Lease as provided above, Lessee shall
then be obligated to utilize such insurance proceeds as may
have been received to remove any damaged or destroyed portions
of the premises as Lessor may request to be removed and to
restore the site upon which such removed premises or portions
thereof previously were located to the general condition of
such site prior to the commencement of construction of the
improvements.
10.4 No Obligation of Lessor to Restore. Lessor shall in
no event be under any duty or obligation to restore, replace or
rebuild any building or improvement at any time on the Leased
Land, except to the extent that the damage thereto or
destruction thereof occurs as a result of the negligence of
Lessor.
10.5 Continued Operations. During any period of repair,
Lessee shall continue, or cause the continuation of, the
operation of its programs on the Premises and use of the
Facility by community groups to the extent reasonably
practicable. However, irrespective of the continued operation
during such period of repair, the Rent payable hereunder shall
not be deferred and shall not be abated. Upon completion of
such repair and restoration, Lessee shall promptly refixture
and restock the Improvements, if necessary, substantially to
the condition prior to the casualty, or as otherwise required
by this Lease, whichever is greater, and shall reopen if closed
by the casualty.
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ARTICLE XI. ASSIGNMENT AND SUBLETTING
11.1 Agency's Consent Required. Notwithstanding any
provision herein to the contrary, Lessee agrees and covenants
(which covenants shall be binding upon the heirs, executors,
and administrators of Lessee) that Lessee shall not, assign,
sell, encumber, pledge or otherwise transfer all or any part of
Lessee's leasehold estate hereunder, or permit the Premises to
be occupied by anyone other than Lessee, Lessee's employees or
invitees, or sublet the Premises, (with the exception of the
use for single occasions by other community groups as specified
in Article IV, Section 4.1 and 4.2), or any portion thereof,
without Lessor's prior written consent. No assignment, whether
voluntary or involuntary, by operation of law, under legal
process or proceedings, by receivership, in bankruptcy, or
otherwise, and no subletting shall be valid or effective
without such prior written consent, and at Lessor's election,
shall constitute a default.
11.2 Lessee Remains Obligated. No subletting or
assignment, even with the consent of Lessor, shall relieve
Lessee of its obligation to pay Rent and all of its other
obligations hereunder. The acceptance by Lessor of any payment
due hereunder from any person or entity other than Lessee shall
not be construed as a waiver by Lessor of any provision of this
Lease or as a consent to any assignment or subletting. Consent
by Lessor to an assignment of this Lease or to a subletting of
the Premises shall not operate as a waiver or estoppel to the
future enforcement by Lessor of its rights pursuant to this
Lease.
ARTICLE XII. DEFAULT
12.1 Events of Default. The word "default," as used in
this Section 12.1, shall mean and include any one or more of
the following events or occurrences:
(a) The failure by Lessee to make any payment of
rent, or other payment required to be made by Lessee hereunder,
when due and the continuance of such failure for a period of
fifteen (15) days after Lessor has given Lessee written notice
specifying the same;
(b) The failure of Lessee to perform any term,
condition, covenant or agreement of this Lease, excluding the
payment of Rent, and the continuation of such failure for a
period of thirty (30) days after Lessor shall have given Lessee
written notice specifying the same, or in the case of a
situation in which the default cannot reasonably be cured
within thirty (30) days, if Lessee shall not promptly, within
thirty (30) days after receipt of such notice, commence to
remedy the situation by a means that can reasonably be expected
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to remedy the situation within a reasonable period of time, and
diligently pursue the same to completion;
(c) The abandonment by Lessee of the Premises or a
substantial portion thereof;
(d) Lessee's (i) application for, consent to, or
suffering of, the appointment of a receiver, trustee or
liquidator for all or for a substantial portion of its assets;
(ii) making a general assignment for the benefit of creditors;
(iii) being adjudged a bankrupt; (iv) filing a voluntary
petition or suffering an involuntary petition under any
bankruptcy, arrangement, reorganization or insolvency law
(unless in the case of an involuntary petition, the same is
dismissed within thirty (30) days of such filing); or
(v) suffering or permitting to continue unstayed and in effect
for fifteen (15) consecutive days any attachment, levy,
execution or seizure of all or a substantial portion of
Lessee's assets or of Lessee's interest in this Lease;
12.2 Remedies.
(a) General. In the event of any default by Lessee,
including the expiration of any applicable cure period, Lessor
may:
(i) Terminate Lessee's right to possession of
the Premises by any lawful means, in which case this Lease
shall terminate and Lessee shall immediately surrender
possession of the Premises to Lessor.
In such event Lessor shall be entitled to
recover from Lessee:
(1) The worth at the time of award of the
unpaid Rent which had been earned at the time of
termination;
(2) The worth at the time of award of the
amount by which the unpaid Rent which would have been
earned after termination until the time of award
exceeds the amount of such loss that Lessee proves
could have been reasonably avoided;
(3) The worth at the time of award of the
amount by which the unpaid Rent for the balance of the
Term after the time of award exceeds the amount of
such loss that Lessee proves could be reasonably
avoided; and
(4) Any other amount deemed necessary
and/or allowable by applicable statute or decision to
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compensate Lessor for all the detriment proximately
caused by Lessee's failure to perform its obligations
under this Lease or which, in the ordinary course of
events, would be likely to result therefrom,
including, but not limited to, the cost of recovering
possession of the Premises, expenses of reletting,
expenses of restoring the Premises to the condition
required hereunder (if applicable), reasonable
attorneys' fees, and any other reasonable costs.
The "worth at the time of award" of the
amounts referred to in subparagraphs (1) and (2) above
shall be computed by allowing interest at a rate equal to
ten percent (10%).
(ii) Lessor may terminate this Lease for
default by express written notice to Lessee of its election
to do so. Such termination shall not relieve Lessee of any
obligation hereunder which has accrued prior to the date of
such termination. In the event of such termination, Lessor
shall be entitled to recover from Lessee the amounts
determined pursuant to paragraph (i) above.
(b) Reasonable Rental Value. In any action for
unlawful detainer commenced by Lessor against Lessee by reason
of any default hereunder, the reasonable rental value of the
Premises for the period of the unlawful detainer shall be
deemed to be the amount of Rent and other charges reserved in
this Lease for such period unless Lessor or Lessee shall prove
to the contrary by competent evidence.
(c) Cumulative Remedies. Except as may be
specifically provided herein, the rights and remedies reserved
to Lessor and Lessee herein, including those not specifically
described, shall be cumulative and, except as provided by
California statutory or decisional law in effect at the time,
either Lessor or Lessee may pursue any or all of such rights
and remedies at the same time or otherwise.
(d) Lessor's Non -Waiver. No delay or omission of
Lessor to exercise any right or remedy shall be construed as a
waiver of any right or remedy or of any default by Lessee
hereunder. The acceptance by Lessor of Rent or any additional
Rent hereunder shall not be a waiver of any preceding breach or
default by Lessee of any provision hereof, other than the
failure of Lessee to pay the particular Rent accepted,
regardless of Lessor's knowledge of such preceding breach or
default at the time of acceptance of such rent, or a waiver of
Lessor's right to exercise any remedy available to Lessor by
virtue of such breach or default. The acceptance of any
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payment from a debtor in possession, a trustee, a receiver or
any other person acting on behalf of Lessee or Lessee's estate
shall not waive or cure a default under Section 12.1.
(e) Lessor's Reentry. Lessee hereby irrevocably
consents to. Lessor's peaceable reentry, if Lessor so elects, to
the Premises upon the occurrence of any of the events of
default specified in Section 12.2 (a)(ii) above, including the
expiration of any applicable cure period.
(f) Lessor's Advances. In the event of any
default by Lessee in the payment of money, other than Rent, or
the performance of Lessee's obligations required under this
Lease, and the expiration of any period expressly provided for
herein for Lessee to cure said default after the delivery of
notice by Lessor, in addition to the other remedies herein
granted to Lessor, Lessor may, but shall not be obligated to do
so, and without waiving or releasing Lessee from any
obligations of.this Lease, make any payment and perform any
other act on Lessee's part to be made or performed as provided
in this Lease. All sums paid by Lessor and all necessary
incidental costs, together with interest thereon at the rate of
ten percent (10%) per annum from the date of the payment by
Lessor shall be payable by Lessee to Lessor on demand. The
sums shall be deemed to be additional Rent and subject to the
same consequences as herein provided for failure to pay Rent.
12.3 Default by Lessor. Lessor shall not be deemed to be
in default in the performance of any obligation required to be
performed by it hereunder unless and until it has failed to
perform such obligation within thirty (30) days after written
notice by Lessee to Lessor specifying in reasonable detail the
nature and extent of any such failure; provided, however, that
if the nature of Lessor's obligation is such that more than
thirty (30) days are required for its performance, then Lessor
shall not be deemed to be in default if it shall commence such
performance within such thirty (30) day period and thereafter
diligently prosecutes the same to completion.
12.4 Legal Expenses and Collection Costs. If either party
incurs any expense, including actual costs of collection,
reasonable attorneys' fees, expenses of discovery, preparation
for litigation, expert witness fees and litigation expenses and
costs, in connection with any action or proceeding instituted
by either party by reason of any default or alleged default of
the other party hereunder, the party prevailing in such action
or proceeding shall be entitled to recover its reasonable
expenses from the other party. For purposes of this provision,
in any unlawful detainer or other action or proceeding
instituted by Lessor based upon any default or alleged default
by Lessee hereunder, Lessor shall be deemed the prevailing
party if (a) judgment is entered in favor of Lessor or (b)
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prior to trial or judgment Lessee shall pay the Rent and
charges claimed by Lessor, or eliminate the condition(s), cease
the act(s) or otherwise cure the omission(s) claimed by Lessor
to constitute a default by Lessee hereunder.
ARTICLE XIII. HOLDING OVER
This Lease shall terminate and become null and void without
further notice upon the expiration of the Term herein
specified, and any holding over by Lessee after such expiration
shall not constitute a renewal or extension hereof or give
Lessee any rights under this Lease, except when in writing
signed by both parties hereto.
ARTICLE XIV. ACCESS BY LESSOR
In addition to the right of Lessor to reserve use of the
Premises under Article IV, Section 4.1, Lessor and those
agents, contractors, servants and employees of Lessor who are
identified in writing to Lessee shall have the right, after
reasonable notice to Lessee, to enter the Premises during
normal business hours to examine the Premises, to perform any
obligation of Lessor or to exercise any right or remedy
reserved to Lessor in this Lease.
ARTICLE XV. QUIET ENJOYMENT
Upon payment by Lessee of the Rents provided herein, and
upon the observance and performance of all of the covenants,
terms and conditions on the part of Lessee to be performed
hereunder, Lessor covenants and warrants that Lessee may
peaceably and quietly hold and enjoy the Premises for the Term.
ARTICLE XVI. TAXES
Lessee shall be responsible for, and agrees to pay, prior
to delinquency, any and all taxes, assessments, installments of
taxes, levies, fees, and other governmental charges of every
}find or nature (hereinafter collectively called "Taxes") in the
event such Taxes are levied or assessed by municipal, county,
state, federal, or other taxing or assessing authorities or
governmental agencies or entities upon, against, or with
respect to (i) the Premises or any portion thereof; (ii) all
fixtures, equipment, and any other property of any kind owned
by Lessee or placed, installed, or located within, upon, or
about the Premises for which Lessor might be assessed or which
might become a lien on the Premises if not paid by Lessee;
(iii) all alterations, additions, and improvements of
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whatsoever kind or nature, if any, made to the Premises or the
Improvements; (iv) rentals or other charges payable by Lessee
to Lessor (other than state and federal income taxes applicable
to Lessor); and (v) any other interest in the Premises
(including the leasehold interest created by this Lease),
irrespective of whether any of the items described in clauses
(i) through (v) above are assessed as real or personal
property, and irrespective of whether.any of such items are
assessed to or against Lessor, Lessee or any other person.
ARTICLE XVII. FORCE MAJEURE
In the event the performance by either party of any of its
obligations hereunder is delayed by reason of the act or
neglect of the other party, act of God, stormy or inclement
weather, strike, labor dispute, boycott, lockout or other like
defensive action by such party, inability to obtain labor or
materials, governmental restrictions, riot, insurrection, war,
catastrophe, fire or other casualty, act of the public enemy,
or any other cause, whether similar or dissimilar, beyond the
reasonable control of the party from whom such performance is
due ("unavoidable delays"), the period for the commencement or
completion thereof shall be extended for a period equal to the
period during which performance is so delayed.
ARTICLE XVIII FINANCING/HYPOTHECATION
18.1 Mortgages. Lessee may, with notice to and the prior
consent of Lessor, mortgage this Lease and the leasehold estate
hereby created and Lessee's interest in the Improvements. The
execution and delivery of any Mortgage shall not be deemed to
constitute an assignment or transfer of this Lease nor shall
the owner of all the indebtedness secured by any Mortgage
("Mortgagee"), as such, be deemed an assignee or transferee of
this Lease so as to require such holder to.assume the
performance hereunder. Lessor and Lessee agree to the
following:
(a) If Lessee or any Mortgagee shall have
delivered to Lessor prior written notice of the address of any
Mortgagee, Lessor shall mail to such Mortgagee a copy of any
notice or other communication required to be made by Lessor to
Lessee under this Lease at the time of giving such notice or
communication to Lessee.
(b) In the event of any default by Lessee under
the provisions of this Lease, any Mortgagee shall have the same
periods as are given Lessee for remedying such default or
causing it to be remedied, plus, in each case, an additional
period of thirty (30) days after the expiration thereof or
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after Lessor has given notice of such default to the Mortgagee
pursuant to subsection 18.2(a) above, whichever is later. In
addition, in those instances which require any Mortgagee to be
in possession of the Premises to cure any default by Lessee,
the time herein allowed any Mortgagee to cure any default by
Lessee shall be deemed extended to include the period of time
required by any Mortgagee to obtain such possession with due
diligence, and in those instances in which any Mortgagee is
prohibited by any process or injunction issued by any court or
by reason of any action by any court having jurisdiction of any
bankruptcy or insolvency proceeding involving Lessee from
commencing or prosecuting foreclosure or other appropriate
proceedings in the nature thereof, the time herein allowed any
Mortgagee to prosecute such foreclosure or other proceeding
shall be extended for the period of such prohibition provided
such Mortgagee makes payments of rent and performs all other
monetary obligations of Lessee in accordance with the terms and
within the time frames set forth in this Lease. In such event
any Mortgagee, without prejudice to its rights against Lessee,
shall have the right, but not the obligation, to cure such
default within the applicable grace periods provided for herein
whether such default consists of the failure to pay rent or any
other monetary obligations to Lessor or the failure to perform
any other matter or thing which Lessee is hereby required to do
or perform, and Lessor shall accept such performance on the
part of such Mortgagee as though the same had been done or
performed by Lessee and for such purpose Lessor and Lessee
hereby authorize such Mortgagee to enter upon the Premises and
to exercise any of its rights and powers under this Lease and,
subject to the provisions of this Lease, under the Mortgage.
(c) In the event of any default by Lessee, and if
prior to the expiration of the applicable grace period
specified in subsection 18.2(b) above, a Mortgagee shall give
Lessor written notice that it intends to undertake the curing
of such default, or to cause the same to be cured, or to
exercise its rights to acquire the leasehold interest of Lessee
by foreclosure or otherwise, and shall immediately commence and
then proceed with all due diligence to do so, whether by
performance on behalf of Lessee of its obligations under this
Lease, or by entry on the Premises by foreclosure or otherwise,
then Lessor shall not terminate or take any action to effect a
termination of this Lease or reenter, take possession of or
sublet the Premises or similarly enforce performance of this
Lease in a mode provided by law so long as such Mortgagee is
with all due diligence and in good faith engaged in the curing
of such default and is otherwise making payments of all rent
and performing all other monetary obligations of Lessee in
accordance with the terms and within the time frames set forth
in this Lease. If the default is not susceptible to being
cured by Mortgagee, such default shall be deemed cured if
Mortgagee shall promptly cure all curable defaults in
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so
accordance with the terms of this Article 18 and shall proceed
in a timely and diligent manner to accomplish the foreclosure
of Lessee's interest.
(d) In the event Lessee's interest under this
Lease is terminated by Lessor for any reason including, without
limitation, Lessee's default or rejection of the Lease by a
trustee in bankruptcy or a debtor in possession (and provided
an unsatisfied Mortgage stands of record) or in the event
Lessee's interest under this Lease shall be sold, assigned or
transferred pursuant to the exercise of any remedy of any -
Mortgagee, or pursuant to judicial or other proceedings, Lessor
shall execute and deliver a new lease of the Premises to such
Mortgagee or its nominee, purchaser, assignee or transferee,
upon written request by such Mortgagee or such nominee,
purchaser, assignee or transferee given within sixty (60) days
after such sale, assignment or transfer for the remainder of
the term of the Lease with the same agreements, covenants and
conditions (except for any requirements which have been
fulfilled by Lessee prior to termination) as were contained
herein and with priority equal to that hereof; provided,
however, that such Mortgagee shall promptly cure any default of
Lessee susceptible to cure by such Mortgagee, and provided
further that if more than one Mortgagee requests such new
lease, the Mortgagee holding the most senior leasehold mortgage
shall prevail. Upon execution and delivery of such new lease,
Lessor shall cooperate with the new tenant, at the expense of
the said new tenant, in taking such action as shall be
necessary to cancel and discharge this Lease and to remove
Lessee named herein from the Premises. In such event the
ownership of the Improvements to the extent owned by Lessee
shall be deemed to have been transferred directly to such
transferee of Lessee's interest in this Lease.
(e) In the event of a default under a Mortgage,
such Mortgagee may exercise with respect to the Premises any
right, power or remedy under the Mortgage which is not in
conflict with the provisions of this Lease. Further, in the
event of a default under a Mortgage, such Mortgagee shall give
the Lessor ninety (90) days notice to cure the default and/or
purchase the Mortgagee's interest in the note prior to the
institution of foreclosure proceedings.
(f) The Lessor shall have a first right of refusal
to purchase the Mortgagee's interest in either the note and
deed of trust or a sale of the building in the event of a
foreclosure in which the City has chosen not to cure the
default under (e) above.
(g) Notwithstanding Article 11 hereof, this Lease
may be assigned and subject to Lessor's first right of refusal
in (f) above, to any Mortgagee, pursuant to foreclosure or
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similar proceedings, or pursuant to an assignment or other
transfer of this Lease to such Mortgagee in lieu thereof, and
may be thereafter assigned by such Mortgagee with Lessor's
consent and any Mortgagee shall be liable to perform the
obligations herein imposed on Lessee only for and during the
period it is in possession or ownership of the leasehold estate
created hereby; provided, however, that the foregoing shall not
in any way limit the necessity of curing any default under this
Lease, as provided elsewhere in this Article 18, in order to
prevent termination of this Lease, or exercise of its other
remedies, by Lessor.
(h) No surrender (except a surrender upon the
expiration of the Term of this Lease as extended or upon
termination by Lessor pursuant and subject to the provisions of
this Lease) by Lessee to Lessor of this Lease, or of the
Premises, or any part thereof, or of any interest therein, and
no termination of this Lease by Lessee shall be valid or
effective, and.neither this Lease nor any of the terms hereof
may be amended, modified, changed or cancelled and no consent
of Lessee hereunder shall be valid or effective without the
prior written consent of any Mortgagee.
M Subject to Lessor's rights in (e) and (f)
above, Lessor consents to a provision in any Mortgage or
otherwise for an assignment of rents from subleases of the
Premises to the holder thereof, effective upon any default
under such Mortgage, provided that all such assignments will,
by their terms, terminate upon termination of this Lease.
(j) If at any time there shall be more than one
Mortgage, the holder of the Mortgage prior in lien shall be
vested with the rights under subsection 18.1(b) hereof (other
than the provisions for receipt of notices as provided herein)
to the exclusion of the holder of any junior Mortgage;
provided, however, that if the holder of a first lien Mortgage
shall fail or refuse to exercise the rights set forth in said
subsection 18.1(b), each holder of a Mortgage in the order of
the priority of their respective liens shall have the right to
exercise such rights provided that in no event shall the
exercise of such rights by all such holders of a Mortgage
extend the period for remedy or cure of defaults by more than
thirty (30) days beyond the deadline for remedy or cure by the
holder of the first lien Mortgage as provided herein, and
provided further, however, that with respect to the right of
the holder of a Mortgage under subsection 18.1(d) hereof to
request a new lease, such right may, notwithstanding the
limitation of time set forth in said Section, be exercised by
the holder of any junior mortgage, in the event the holder of a
prior Mortgage shall not have exercised such right within such
sixty (60) day period after the receipt of Lessor's termination
notice, provided that such junior Mortgagee must exercise such
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right by no later than seventy-five (75) days after the giving
of notice by Lessor of termination of this Lease as provided in
said Article 18.
(k) The foreclosure of a Mortgage, or any sale
thereunder, whether by judicial proceedings or by virtue of any
power contained in any Mortgage, or any conveyance of the
leasehold estate created hereby from Lessee to any Mortgagee
through, or in lieu of, foreclosure or other appropriate
proceedings in the nature thereof, shall not breach any
provision of or constitute a default under this Lease, and upon
such foreclosure, sale or conveyance Lessor shall recognize any
Mortgagee, or any purchaser at such foreclosure sale, as Lessee
hereunder.
18.2 No Settlement Without Mortgagee Consent. Lessor and
Lessee shall not settle any condemnation proceeding or
insurance claim with respect to the Premises and any Additional
Improvements without any Mortgagee's prior written consent,
provided such consent is not unreasonably withheld or delayed.
18.3 No Subordination. Notwithstanding anything else
herein contained, Lessor and Lessee acknowledge and agree that
neither Lessor's interest as fee owner of the Premises nor
Lessor's reversionary interest in the Premises shall be
subordinate to any Mortgage or any other lien, mortgage, deed
of trust, pledge or other encumbrance of Lessee's leasehold
estate and rights hereunder.
ARTICLE XIX. RENEWAL OPTION
19.1 Option to Extend. Provided that Lessee is not
otherwise in default under the terms of this Lease, and
specifically provided that (i) Lessee continues to qualify as a
tax exempt nonprofit organization under Section 5.01(c) of the
Internal Revenue Code, or its equivalent successor section,
(ii) that Lessee continue to operate under the name of "Boys
and Girls Club of Coachella Valley" or other name acceptable to
Lessor, and (iii) that Lessee continues to comply with the
terms of Article III of this Lease, then, Lessee may at
Lessee's election, extend the term of this Lease by a ten (10)
year period. Such election shall be exercised by Lessee giving
written notice to Lessor of intent to do so no more than three
(3) years, but no less than one (1) year, prior to the then
scheduled expiration of the initial term of this Lease or any
extension thereof.
19.2 Continuation
this Lease during any
all obligations of the
of
Terms. The terms and conditions of
such extension, specifically including
Lessor and Lessee hereunder, shall
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continue in full force and effect except as may be expressly
modified by subsequent written mutual agreement of Lessor and
Lessee.
ARTICLE XX. MISCELLANEOUS
20.1 Waiver. The waiver by either Lessor or Lessee of any
breach of any term, condition or covenant contained herein
shall not be deemed a waiver of such term, condition or
covenant or any subsequent breach of the same or any other
term, condition or covenant contained herein.
20.2 Notices. All notices, demands or other writings to
be made, given or sent hereunder, or which may be so given or
made or sent by either Lessor or Lessee to the other shall be
deemed to have been given when in writing and personally
delivered or if mailed on the third (3rd) day after being
deposited in the United States mail, certified or registered,
postage prepaid, and addressed to the respective parties at
their addresses set forth below:
To Lessor:
City of La Quinta
78-105 Calle Estado
La Quinta, California 92253
To Lessee: Boys and Girls Club of Coachella Valley
P.O. Box 188
Indio, California 92202
20.3 Relationship of Parties. Nothing contained herein
shall be deemed or construed by the parties hereto, nor by any
third party, as creating the relationship of principal and
agent or of partnership or of joint venture between the parties
hereto, it being understood and agreed that neither the method
of computation of rent, nor any other provision contained
herein, nor any acts of the parties herein, shall be deemed to
create any relationship between the parties hereto other than
the relationship of Lessor and Lessee. Nor shall anything
herein be deemed or construed to imply financial support for
Lessee's operation apart from the provisions of this Lease.
20.4 Accord and Satisfaction. No payment by Lessee or
receipt by Lessor of a lesser amount than the Rent or other
charges herein stipulated shall be deemed to be other than on
account of the earliest due stipulated Rent or other charges,
nor shall any endorsement or statement on any check or any
letter accompanying any check or payment as Rent or other
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94
charges be deemed an accord and satisfaction, and Lessor shall
accept such check or payment without prejudice to Lessor's
right to recover the balance of such Rent or other charges or
pursue any other remedy in this Lease provided.
20.5 Time of Essence. Time is hereby expressly declared
to be of the essence of this Lease and of each and every term,
covenant and condition hereof which relates to a date or period
of time.
20.6 Remedies Cumulative. The remedies herein given to
Lessor and Lessee shall be cumulative and are given without
impairing any other rights or remedies given Lessor and Lessee
by statute or law now existing or hereafter enacted, and the
exercise of any one (1) remedy by Lessor or Lessee shall not
exclude the exercise of any other remedy.
20.7 Effect of Invalidity. If any term or provision of
this Lease or the application thereof to any person or
circumstances shall, to any extent, be invalid or
unenforceable, the remainder of this Lease, or the application
of its terms and provisions to persons and circumstances other
than those to which it has been held invalid or unenforceable
shall not be affected thereby, and each term and provision of
this Lease shall be valid and enforceable to the fullest extent
permitted by law. No acquisition by Lessor of all or any of
the interest of Lessee in or to the Premises or the
Improvements, and no acquisition by Lessee of all or any
interest of Lessor in or to the Premises shall constitute or
work a merger of the respective interest, unless expressly
provided for.
20.8 Successors and Assigns. This Lease and the covenants
and conditions contained herein shall be binding upon and inure
to the benefit of and shall apply to the successors and assigns
of Lessor and to the permitted successors and assigns of
Lessee, and all references in this Lease to "Lessee" or
"Lessor" shall be deemed to refer to and include all permitted
successors and assigns of such party.
20.9 Entire Agreement. This Lease and the exhibits hereto
contain the entire agreement of Lessor and Lessee with respect
to the matters covered hereby, and no other agreement,
statement of promise made by either Lessor or Lessee which is
not contained herein, shall be valid or binding. No prior
agreement, understanding or representation pertaining to any
such matter shall be effective for any purpose. No provision
of this Lease may be amended or added to except by an agreement
in writing signed by Lessor and Lessee.
n .-
01/24/92 9J
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32
20.10 Interest on Past -Due Obligations. Any amount due
from Lessee to Lessor hereunder which is not paid when due
(including, without limitation, amounts due as reimbursement to
Lessor for costs incurred by Lessor in performing obligations
of Lessee hereunder upon Lessee's failure to so perform) shall
bear interest at the rate of ten (10%) percent per annum from
the date due until paid, unless otherwise specifically provided
herein, but the payment of the interest shall not excuse or
cure any default by Lessee under this Lease.
20.11 Execution of Lease; No Option. The submission of
this Lease to Lessee shall be for examination purposes only,
and does not and shall not constitute a reservation of or
option for Lessee to lease, or otherwise create any interest by
Lessee in the Premises. Execution of this Lease by Lessee and
return to Lessor shall not be binding upon Lessor'
notwithstanding any time interval, until Lessor has in fact
executed and delivered this Lease to Lessee.
20.12 Corporate Authority. Each individual executing this
Lease on behalf of a corporation, nonprofit corporation,
partnership or other entity or organization, represents and
warrants that he is duly authorized to execute and deliver this
Lease on behalf of said corporation, partnership, entity or
organization and that this Lease is binding upon same in
accordance with its terms. Lessee shall, at Lessor's request,
deliver a certified copy of its board of directors resolution
or certificate authorizing or evidencing such execution.
20.13 Controlling Law. This Lease shall be governed by
and construed in accordance with the laws of the State of
California.
20.14 Specific Performance. Nothing contained in this
Lease shall be construed as or shall have the effect of
abridging the right of either Lessor or Lessee to obtain
specific performance of any and all of the covenants or
obligations of the other party under this Lease.
20.15 Survival of Indemnities and Warranties. The
obligations of the indemnifying party under each and every
indemnification and hold harmless provision contained in this
Lease shall survive the expiration or earlier termination of
this Lease to and until the last to occur of (a) the last date
permitted by law for the bringing of any claim or action with
respect to which indemnification may be claimed by the
indemnified party against the indemnifying party under such
provision or (b) the date on which any claim or action for
which indemnification may be claimed under such provision is
fully and finally resolved, and, if applicable, any compromise
thereof or judgment or award thereon is paid in full by the
indemnifying party and the indemnified party is reimbursed by
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33
the indemnifying party for any amounts paid by the indemnified
party in compromise thereof or upon judgment or award thereon
and in defense of such action or claim, including reasonable
attorneys' fees incurred. The representations, warranties, and
covenants of the parties contained herein shall survive the
termination of this Lease without regard to any investigation
made by the parties.
20.16 Estoppel Certificate.
(a) Each of the parties shall at any time and from
time to time upon not less than twenty (20) days' prior notice
by the other, execute, acknowledge and deliver to such other
party a statement in writing certifying that this Lease is
unmodified and is in full force and effect (or if there shall
have been modifications that this Lease is in full force and
effect as modified and stating the modifications), and the
dates to which the rent has been paid, and stating whether or
not to the best knowledge of the signer of such certificate
such other party is in default in performing or observing any
provision of this Lease, and, if in default, specifying each
such default of which the signer may have knowledge, and such
other matters as such other party may reasonably request, it
being intended that any such statement delivered by Lessee may
be relied upon by Lessor or any prospective purchaser of the
fee or any prospective mortgagee or encumbrancer thereof or any
prospective assignee of any mortgage or trust deed upon the
fee, and it being further intended that any such statement
delivered by Lessor may be relied upon by any prospective
assignee of Lessee's interest in this Lease, any prospective
sublessee of all or part of the Premises or any prospective
mortgagee of Lessee. Reliance on any such certificate may not
extend to any default as to which the signer of the certificate
shall have had no actual knowledge.
(b) If Lessor desires to refinance or transfer the
Leased Premises, or any part thereof, Lessee hereby agrees to
deliver to any lender or transferee designated by Lessor such
financial information concerning Lessee as may be reasonably
required by such lender or transferee and is reasonably
available to Lessee. Such statements shall include, but shall
not be limited to, the past three (3) years of financial
statements of Lessee. All such financial information shall be
received by Lessor in confidence and shall be used only for the
purposes set forth herein.
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IN WITNESS WHEREOF, the parties hereto have executed
this Lease as of the day and year first above written.
"LESSOR"
CITY OF LA QUINTA
By.
. John Pena, Mayor
Attest:
City Clerk
Approved As to Form:
Dawn C. Honeywell, City Attorney
"LESSEE"
BOYS AND GIRLS CLUB OF COACHELLA
VALLEY, a California
By:
Its:
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8817u/2588/00 -27-
EXHIBIT "A"
DESCRIPTION OF PREMISES
The footprint of the proposed Improvements as designated on
plan The preliminary legal description prepared by the
City Engineer is as follows:
In the event that the actual building footprint differs from
the preliminary description, said description shall be deemed
to conform to the actual building footprint.
01/24/92
8817u/2588/00 Exhibit A 99
�6
W'vv 11: _ y vwAd
LEGAL DES�ON
A PORTION OF LOT "H" OF PARCEL MAP NO. 20469 AS SHOWN BY MAP ON FILE
IN BOOK 140 OF PARCEL MAPS AT PAGES 95 THROUGH 100, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, TOGETHER WITH A PORTION OF LOT "B" OF
PARCEL MAP NO. 20862 AS SHOWN BY MAP ON FILE IN BOOK 133 OF PARCEL
MAPS AT PAGES 17 AND 18, RECORDS OF SAID COUNTY, IN THE CITY OF LA
QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT "H", SAID SOUTHWEST
CORNER BEING ALSO ON THE NORTHERLY RIGHT-OF-WAY LINE OF 50TH
AVENUE AS SHOWN BY SAID PARCEL MAP NO. 20469;
THENC19 NORTH 890 58' 50" WEST ALONG THE NORTHERLY RIGHT-OF-WAY
LINE OF 50TH AVENUE AS. SHOWN BY SAID PARCEL MAP NO. 20862 A DISTANCE
OF"`44. JEEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF
LAND DESCRIBED AS "PARCEL A" IN THE DEED RECORDED JUNE 29, 1988 AS
INSTRUMENT NO. 18 M, RECORDS OF SAID COUNTY;
THENCE NORTH 00° 19' 35" WEST ALONG THE EASTERLY LINE OF SAID PARCEL
OF LAND A DISTANCE OF 209.00 FEET;
THE 4CE NORTH 890 40' 25" EAST A DISTANCE OF 136.48 FEET;
THENCE NORTH 32 36' 44" EAST A DISTANCE OF 133.19 FEET;
THENCE NORTH 580 48' 51" EAST A DISTANCE OF 67.92 FEET;
THENCE SOUTH 310 11' 09" EAST A DISTANCE OF 37.34 FEET;
TH NCE NORTH 580 48' 51" EAST A DISTANCE OF 48.00 FEET;
1�ENCE SOUTH 310 11' 09" EAST A DISTANCE OF 34.97 FEET TO THE BEGINNING
OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 526.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A C ANGLE
OF 190 24' 48", AN ARC LENGTH OF 178.22 FEET TO THE BEGINNING OF A LINE
NON -TANGENT TO SAID CURVE; 1
Q
THENCE SOUTH 390 24' 03" WEST A DISTANCE.OF 10.00 FEET;
Notes: 9867-S821001-ice ;.
July, 27, 1992
THENCE SOUTH 500 35' 57" EAST A DISTANCE OF 52.57 FEET TO THE BEGINNING
OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 138.11 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 50° - 44' 52", AN ARC LENGTH OF 122.33 FEET;
THENCE SOUTH 000 08' 55" WEST A DISTANCE OF 15.39 FEET;
THENCE SOUTH 430 06' 12" WEST A DISTANCE OF 32.50 FEET TO THE
SOUTHERLY LINE OF SAID LOT "H", SAID SOTBERLY LINE BEING ALSO ON
SAID NORTHERLY RIGHT-OF-WAY LINE OF 50TH AVENUE;
THENCE NORTH 890 51' 05" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY
LINE A DISTANCE OF 478.26 FEET TO THE -POINT OF BEGINNING.
Notes: 9967-S821001-ke
July 27, 1992 .
EXHIBIT "B"
SCOPE OF DEVELOPMENT
(To be Inserted)
01/24/92 1 2
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4
ATTACHMENT 3
JOINT USE OF FACILITY AND SERVICES AGREEMENT
Boys and Girls Club of Coachella Valley, La Quinta Unit
THIS AGREEMENT FOR JOINT USE OF FACILITY AND SERVICES AGREEMENT (the
"Agreement") is made and entered into by and between the CITY OF LA QUINTA, a California municipal
corporation (the "City") and the BOYS AND GIRLS CLUB OF COACHELLA VALLEY, LA QUINTA
UNIT, a nonprofit organization (the "Club").
WHEREAS, the CITY and the CLUB have entered into that certain lease agreement titled BOYS
AND GIRLS CLUB OF COACHELLA VALLEY/LA QUINTA LEASE AGREEMENT (the "Lease
Agreement" dated February 4, 1992); and
WHEREAS, the CITY and the CLUB desire to implement in more detail Section 4.1 of the Lease
Agreement regarding the ability of the CITY to utilize the facility constructed pursuant to the Lease
Agreement by the Club (the "Facility"); and
WHEREAS, the CITY has entered into a joint use agreement with the Coachella Valley Boys and
Girls Club, La Quinta Unit previously (the "Joint Use of Facility and Services Agreement" dated December
20, 1995); and
WHEREAS, the CITY desires to assist the CLUB in providing social recreation opportunities for
the residents of La Quinta; and
WHEREAS, the City finds that the proposed joint use of the Facility and the continuation of such
services provide a significant public benefit to the citizens of the City:
The Parties hereto agree as follows:
1.0 SHARED USE OF FACILITY
1.1 Grant of Use. Except for those office areas identified as reserved in Section 1.3
below, the Club hereby grants to the City for a term beginning July 1, 2003 to June 30, 2004, the license to
enter upon, occupy, use and operate, according to the terms, conditions and covenants herein contained, the
Facility during the time frame set out for City use in Section 1.2 below.
1.2 Schedule for Facility Use.
1.2.1 Basic Schedule for City Use ("City Time").
Monday through Friday 7:30 p.m. - 10:00 p.m. (School Hours)
Monday through Friday 5:30 p.m. - 10:00 p.m. (Summer Hours)
Saturday 9:00 a.m. - 9:00 p.m.
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42 105
1.2.2 Quarterly Schedule Review. The Club and the City shall meet and confer
at least quarterly to discuss their programming plans and avoid duplication of services as both Parties agree
is reasonable. The City shall implement a permanent program plan within 60 days from the date of this
Agreement, and maintain said plan in accordance with its terms.
1.2.3 Duty to Permit Other Group Use. During such periods of City Time not
otherwise conceded to the Club that the City does not have a proposed organized group use of the Facility,
or of any particular room thereof ("Unused Time Slots"), City shall grant permits to public benefit groups
and private benefit groups from the community requesting to use the Facility or Facility rooms as City
deems most appropriate giving due consideration to the following guidelines and priorities:
(1) A group that proposes a benefit to youth should have priority to a group that proposes a
benefit to non -youth;
(2) A group that proposes a benefit to more La Quinta residents should have a priority over a
group that proposes a benefit to fewer La Quinta residents;
(3) A group that proposes a use of greater public benefit to a larger number of people should
have priority over a group that proposes a use with a lesser public benefit or to a lesser
number of people;
(4) A group posing a lesser risk of injury to persons or property should be given priority over a
group that poses a greater risk of injury to persons or property;
(5) The order in which the request for usage was received.
1.2.4 Duty to Supervise. During all such times as all or part of the Facility is
permitted by the City to be used by one or more community groups as herein permitted, the City shall
provide competent, on -site supervision of said group by an appropriate contingent of responsible adults, &
such appropriate security therefore necessary to prevent property damage or intentional personal injury.
1.2.5 Liability for Damage. Property and Personal Injury. City shall be liable for
all property damage and personal injury that occurs solely as a result of actions by its permittee or their
guests or attendees, and shall hold the Club harmless from any and all such liability.
1.2.6 Specific Violations of Facility Use. Without limitation as to other possible
violations of the Facility Use, the City shall specifically not permit the following uses:
1.2.6.1 Political Activities. City shall abide by Club's facility use policies and shall
not permit or tolerate the use of the Facility for campaigning or otherwise working for the nomination or
election of any individual to any public office, partisan or nonpartisan, or for any ballot measure, including
any initiative, referendum, or advisory vote, except with the advance written permission of the Club, as a
forum for open public debate by candidates on the condition that no member of the public shall be
excluded therefrom.
1.2.6.2 Alcohol, Drugs or Tobacco. City shall abide by Club's facility use policies
and not allow alcohol, illegal drugs, or tobacco to be sold, used or consumed in, on or about the Facility.
City shall not permit or allow any portion of the Facility to be rented or utilized by any person, group or
company that intends to provide alcoholic beverages at an event or meeting. The City shall make these
facts known, in writing and through oral communications, to all staff members and participants at the
Facility.
S:/Community Services/Boys & Girls Club Agreement 2003-04
2 106
n�
1.3 Reserved Areas.
1.3.1 Club Office Areas. Excepted from the license herein granted is the area of
the Club's office.
1.3.2 Storage Areas. Excepted from the license herein granted is the area of the
Club's storage for games and supplies which is hereby specifically reserved and granted to the exclusive
and full time use of the Club during the term of this Agreement. License is granted to the City by the Club
for a term that is conterminous with the right of the City to use and operate the Facility, unless sooner
terminated by the Club or 30 days written notice, for the full time and exclusive use of the small storage
room off of the gymnasium in the Facility.
1.4 License Fee.
1.4.1 Basic License Fee. For the Basic License Fee the City shall make four
quarterly payments of $7,500 each on July 31, 2003, October 14, 2003, January 20, 2004 and April 14,
2004 for a total amount not to exceed thirty thousand dollars.
1.5 Operations.
1.5.1 Fees. City may charge attendance fees to its invitees and users.
1.5.2 Log Book. All parties shall keep, maintain and permit the inspection by all
other parties of, a joint log book in a form approved by the Club and the City in which the City and the
Club shall maintain a record of acts of vandalism, repairs, incidents of graffiti, and other major incidents.
1.5.3 Procedure Training. City shall cause and train its employees to comply with
procedures in a manual ("Procedures Manual") the Club prepares regarding utility turn-offs, alarm
responses, locking up/closing, key distribution, facility damage (including graffiti reporting).
1.5.4 Key Provision. Parties will coordinate on providing keys and lock up
procedures and use of the alarm system.
1.5.5 Maintenance. Except for conditions which may be corrected by normal
janitorial services, all Parties shall leave the Facility at the conclusion of their daily time allotment in a neat
and clean condition and one that does not impose any additional duty on the janitorial and custodial
services staff, or upon the next occupant of the Facility. The Facility shall be kept and maintained in a
clean, sanitary and safe condition as established by the Club. The Club shall also be responsible for
acceptable maintenance of all landscape areas, playgrounds, parking lots and trash enclosure.
1.5.6 Long Term Maintenance Plan. The Parties agree to develop a long term
maintenance plan during the twelve month term of this agreement to address an equitable cost sharing
approach to non -routine maintenance issues such as floor resealing, building painting, etc., which would be
put into effect in subsequent agreements.
1.6 Indemnity for Shared Use. Reciprocal Indemnity for Invitee's,
S:/Community Services/Boys & Girls Club Agreement 2003-04
3
Employee's or Trespasser's Personal and Property Injuries Not Caused by Design, Construction,
Maintenance or Repair. Each Party ("Indemnifying Party") indemnifies each other Party
("Indemnified Party"), holds the Indemnified Party harmless, and agrees to defend the Indemnified
parry against loss, damage or liability on a claim, the adverse judgment, adverse order on, or good
faith settlement of, such a claim, including attorneys fees and court costs in defending such claim,
suffered by an Indemnified Party due to personal injury to, or damage to the property of, an invitee.
(including a permittee) of an Indemnified Party ("Indemnified's Invitee"), an employee
("Indemnified's Employee") of an Indemnified Party, or to a trespasser or other uninvited person, at
the Facility (except to the extent that said claims based on an act or omission of design, construction,
including building materials, maintenance or non -maintenance, repair or non -repair by the
Indemnifying Party) primarily caused by the act or omission of the Indemnifying Party, their
employees or invitees.
2.0 SERVICES OF THE CLUB
2.1 Scope of Services. In compliance with all the terms and conditions of this
Agreement, the Club shall continue to provide social recreation programs to the children of La
Quinta according to the following schedule:
July 1, 2003 - August 29, 2003
Monday through Friday
7:30 - 5:30 p.m.
September 8, 2003-December 19, 2003
Monday through Friday
2:00 - 7:30 p.m.
December 22, 2003-January 2, 2004
Monday through Friday
7:30 - 5:30 p.m.
January 5, 2004 - June 4, 2004
Monday through Friday
2:00 - 7:30 p.m.
June 7, 2004 - June 30, 2004
Monday through Friday
7:30 - 5:30 p.m.
Excluding any days off for observance of Boys and Girls Club holiday schedule.
The Social Recreation program is to include but not limited to table games, board games, game
technique clinics, tournaments, holiday parties and provide other opportunities for fun and
constructive use of children's leisure time.
The Club is required by this agreement to be familiar with and comply with the Community
Development regulations and adhere to the polices contained in Exhibit A and Exhibit B. The Club
understands and agrees to that no waiver or exception can be granted to the CDBG policies except
with express written consent of the City.
2.2 Contractor's Proposal. (Not Applicable to this Agreement)
2.3 Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City, of La
Quinta and any federal, state or local governmental agency of competent jurisdiction.
2.4 Licenses, Permits, Fee_ d Assessments. Club 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. The Club 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
S:\Community Services\Boys & Girls Club Agreement 2003-04 Final Version.doc
4
1�g
arise from or are necessary for the performance of the services required by this Agreement.
3.0 - COMPENSATION
3.1 Contract Sum. For the services rendered by Club pursuant to this section of the
Agreement, the City shall compensate the Club in the sum not to exceed Thirty Thousand Dollars
($30,000), to be distributed to the Club according to the payment schedule set forth in paragraph 3.2. It is
the understanding of the Club and the City that Community Development Block Grant (CDBG) funds will
be use to fund this portion of the contract. The sum of Thirty Thousand Dollars ($30,000), is contingent
upon the Club completing the necessary reporting documents required by the Riverside County CDBG
program.
3.2 Payment Schedule. For the term of this Agreement, payments will be made to the
Club according to the following schedule:
Contract Sum Payment Date
$75500 July 31, 2003
$7,500 October 14, 2003
$7,500 January 20, 2004
$72500 April 14, 2004
4.0 PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall
be performed diligently and within the time period established in the Scope of Services and Schedule of
Performance. Extensions to the time period specified in the Scope of Services and Schedule of
Performance may be approved in writing by the Contract Officer. CDBG reporting forms must be filed in
a timely manner in compliance with CDBG reporting timelines. Should the Club fail to perform or
complete the necessary CDBG reports, the City will withhold payment of funds until the performance
deficiency is remedied.
4.3 Force Maieure. (Not applicable to this Agreement)
4.4 Term. Unless earlier terminated in accordance with Section 8.8 of this Agreement,
the term of this Agreement shall be for twelve (12) months from July 1, 2003 through June 30, 2004.
5.0 COORDINATION OF WORK
5.1 Representative of Club. The following principals of the Club are hereby
designated as being the principals and representatives of the Club authorized to act in its behalf with
SACommunity Services\Boys & Girls Club Agreement 2003-04 Final Version.doc
5
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respect to the work specified herein and make all decisions in connection therewith:
a. Jim Ducatte, Executive Director
b. Brian Harnick, President
C. Judy Vossler, Vice President
d. Larry Shank, Treasurer
e. Mike Way, Secretary
5.2 Contract Officer. The Contract Officer shall be the City Manager or such other
person as may be designated by the City Manager of City. It shall be the Club's responsibility to assure that
the Contract Officer is kept informed of the progress of the performance of the services and the Club shall
refer any decisions which must be made by the City to the Contract Officer. Unless otherwise specified
herein, any approval of the City required hereunder shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge,
capability and reputation of the Club, its principals and employees were a substantial inducement for the
City to enter into this Agreement. Therefore, the Club shall not contract with any other entity to perform in
whole or in part the services required hereunder without the express written approval of the City. In
addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by
operation of law, without the prior written approval of the City.
5.4 Independent Contractor. Neither the City nor any of its employees shall have any
control over the manner, mode or means by which the Club, its agents or employees, perform the services
required herein, except as otherwise set forth. The Club shall perform all services required herein as an
independent contractor of the City and shall remain at all times as to the City a wholly independent
contractor with only such obligations as are consistent with that role. The Club shall not at any time or in
any manner represent that it or any of its agents or employees are agents or employees of the City.
6.0 INSURANCE AND INDEMNIFICATION
6.1 Insurance. The Club shall carry general liability and property damage insurance
against all claims for injuries against persons or damages to property resulting from the Club's act or
omissions arising out of or related to the Club's performance under this Agreement in an amount equal as
specified in Lease agreement. The City shall be named as additionally insured to the policy and a
certificate to that effect shall be delivered to the City prior to the payment of the first installment under
Section 3.2 above. Such insurance shall be kept in effect during the term of this Agreement and shall not
be cancelable without thirty (30) days written notice of proposed cancellation to the City.
6.2 Indemnification. The Club shall defend, indemnify and hold harmless the City, its
officers, employees, representatives and agents, from and against any and all actions, suits, proceedings,
claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death
of person(s), for damage to property and for errors and omissions committed by the Club, its officers,
employees and agents, arising directly or indirectly out of or related to the Club's performance under this
Agreement, except to the extent of such loss as may be caused by the City's own negligence or that of its
officers or employees.
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6.3 Performance Bond. (Not Applicable to this Agreement)
6.4 Payment Bond. (Not Applicable to this Agreement)
6.5 Remedies. In addition to any other remedies the City may have if the Club fails to
provide or maintain any insurance policies or policy endorsements to the extent and within the time herein
required, the City may, at its sole option:
1. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this
Agreement.
2. Order the Club to stop work under this Agreement and/or
withhold any payment(s) which become due to the Club hereunder
until the Club demonstrates compliance with the requirements
hereof.
3. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have
and are not the exclusive remedies for the Club'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 the
Club may be held responsible for payments of damages to persons or property resulting from the Club's or
its employees or agents in their performance, under this Agreement.
7.0 REPORTS
7.1 Reports. The Club shall prepare and submit to the Contract Officer a monthly
report of attendance concerning the services as outlined in Scope of Services. In addition, a progress
report, including an accounting of expenditures, shall be provided on or about January 15, 2004 and June
15, 2004. The Club shall prepare reports and intake forms as required by the Riverside County CDBG
program.
7.2 Record Retention Clause. The Club shall maintain and keep books and records on a
current basis, recording all transactions pertaining to this agreement in a form in accordance with generally
acceptable accounting principles. Said books and records shall be made available to the County, State of
California, the Federal government, the City of La Quinta-Contract Officer or designee thereof, and to any
authorized representative thereof for the purposes of audit at all reasonable times and places. All such
books and records shall be retained for such periods of time as required by law, provided, however,
notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained
for a period of at least three (3) years after the expiration of the term of this Agreement.
7.3 Community Development Block Grant Funding. The Club agrees to comply with
the reporting processes of the Riverside County CDBG program in order to document the program meets a
National Objective by serving limited clientele - all persons (100%) served by the services outlined in the
Scope of Service shall be of low or moderate income.
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8.0 ENFORCEMENT OF AGREEMENT
8.1 California Law. This Agreement shall be construed, interpreted and governed as to
validity, performance of the parties and enforcement 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 the Club covenants and agrees to submit to the personal jurisdiction of such court
in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the injured parry
shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party
shall continue performing its obligations hereunder so long as the injuring party commences to cure such
default within ten (10) days of service of such notice and completes the cure of such default within forty-
five (45) days after service of the notice, or such longer period as may be permitted by the Contract
Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the
City may take such immediate action as the City deems warranted. Compliance with the provisions of this
Section shall be a condition precedent to termination of this Agreement for cause and to any legal action,
and such compliance shall not be a waiver of any party's right to take legal action in the event that the
dispute is not cured, provided that nothing herein shall limit the City's right to terminate this Agreement
without cause pursuant to Section 6.3.
8.3 Retention of Funds. The City may withhold from any monies payable to the Club,
sufficient funds to compensate the City for any losses, costs, liabilities or damages it reasonably believes
were suffered by the City due to the default of the Club in the performance of the services required by this
Agreement.
8.4 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. The City's
consent or approval of any act by the Club requiring the City's consent or approval shall not be deemed to
waive or render unnecessary the City's consent to or approval of any subsequent act of the Club. Any
waiver by either party or 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.
8.5 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.
8.6 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.
8.7 Liquidated Damages. (Not Applicable to this Agreement)
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8.8 Termination Prior To Expiration Of Term. This section shall govern any
termination of this Agreement, except for termination by the City for cause. The City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the
Club.
8.9 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 from the losing Party.
9.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
9.1 Non -liability of City Officers and Employees. No officer or employee of the City
shall be personally liable to the Club, or any successor in interest, in the event of any default or breach by
the City or for any amount which may become due to the Club or to its successor, or for breach of any
obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the City shall have any personal
interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to the Agreement which effects his personal interest or the interest of any corporation,
partnership or association in which he is, directly or indirectly, interested, in violation of any state statute
or regulation. The Club warrants that it has not paid or given and will not pay or give any third party any
money or other consideration for obtaining this Agreement.
9.3 Covenant Against Discrimination. The Club 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. The Club
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.
10.0 MISCELLANEOUS PROVISIONS
10.1 Notice. Any notice, demand, request, consent, approval, communication either party
desires or is required to give to the other party or any person shall be in writing and either served
personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its
address by notifying the other party of the change of address in writing. Notice shall be deemed
communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1.
To City: To Club:
CITY OF LA QUINTA COACHELLA VALLEY BOYS
78-495 Calle Tampico AND GIRLS CLUB, LA QUINTA UNIT
La Quinta, California 92253 42-600 Cook Street, Suite 120
Attention: City Manager Palm Desert, California 92211
10.2 Integrated Agreement. This Agreement contains all of the agreements of the
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0
parties and all previous understandings, negotiations and agreements are integrated into and superseded by
this Agreement.
10.3 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.
10.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect
any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder.
10.5 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.
10.6 Lease. The Lease Agreement shall remain in effect according to its terms.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.
Dated:
ATTEST:
JUNE S. GREEK, City Clerk
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
Dated:
CITY OF LA QUINTA, a California
Municipal Corporation
L-111A
DON ADOLPH, Mayor
"CITY"
BOYS AND GIRLS CLUB OF COACHELLA
VALLEY, LA QUINTA UNIT, a nonprofit
organization
IRS Tax Exempt No.:
LM
Name:
Title:
"CLUB"
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ATTACHMENT 4
AMENDMENT NO.1 TO LEASE AGREEMENT
THIS AMENDMENT NO. 1 TO THE LEASE AGREEMENT ("Amendment No. I") is
entered into this 1" day of June 2004, by and between the CITY OF LA QUINTA, a California
municipal corporation ("Lessor"), and the BOYS AND GIRLS CLUB OF COACHELLA
VALLEY ("Lessee"), a California non-profit organization.
RECITALS
WHEREAS, Lessor and Lessee entered into a Lease Agreement dated February 4, 1992
("Lease"), whereby Lessor agreed to lease to Lessee that parcel of real property described in
Exhibit "A" thereto ("Premises");
WHEREAS, the parties hereto agree to modify the Lease in order to allow Lessor to
construct a building on the Premises for use by Lessor, as more fully described in this
Amendment No. 1; and
WHEREAS, Lessor and Lessee desire to have Lessor install an air conditioning unit in
the existing gymnasium portion of the Premises.
NOW, THEREFORE, in consideration of the above recitals and for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
AMENDMENT
1. The Lease is hereby modified to allow Lessor to construct an additional building
on the Premises ("Lessor Improvement"). Lessor Improvement shall be constructed on the real
property legally described in Exhibit "1" attached hereto and shown on the map attached as
Exhibit "2."
2. Lessor shall be responsible for design and construction of the Lessor
Improvement ("Construction Work"). Lessee acknowledges and agrees that, as demonstrated on
Exhibit "2," the Lessor Improvement will share a common wall with Lessee's existing
improvements on the Premises.
3. Notwithstanding any provision of the Lease, said Lessor Improvement shall be the
sole and exclusive property of Lessor. Accordingly, the term "Premises" as defined in Section
1.1 of the Lease is hereby modified to exclude both the real property described in Exhibit "1"
and the Lessor Improvement constructed thereon. Lessor shall be responsible to maintain the
Lessor Improvement.
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975/015610-0002
474935.03 a05/25/04
4. Lessee understands that the Construction Work may temporarily interfere with
Lessee's activities on the Premises, and Lessee hereby consents to the Construction Work and
grants Lessor and its contractor the use of the Premises necessary to complete the Construction
Work. Lessor agrees to make all reasonable efforts to minimize any such interference.
5. The Lessor Improvements shall be for the sole use of the Lessor and Lessor's
employees, invitees, designees or assigns (collectively, "Lessor Improvement Users"). Lessee
grants to Lessor's Improvement Users the right to all necessary and convenient ingress and
egress from and to the Lessor Improvement, including use of the parking lot on the Premises.
6. Lessee shall purchase and install, at Lessor's expense subject to the cap set forth
herein, air condition units as more specifically described in Exhibit " Y ("Air Condition Units")
to service Lessee's gymnasium on the Premises within two (2) months of the execution of
Amendment No. 1. Lessor shall reimburse Lessee for the costs of this purchase and installation
promptly upon the submission of satisfactory documentation of the expenses. The total amount
to be reimbursed by Lessor to Lessee shall not exceed One Hundred Thousand Dollars
($100,000.00), without the prior approval of the City Council. The Air Condition Units shall be
considered Improvements for purposes of the Lease. Pursuant to Section 2.1 of the Lease, the
Air Condition Units shall become part of the Premises for the term of the Lease and shall be
surrendered therewith at the end of the Term or sooner termination of the Lease. The Air
Condition Units shall be maintained by Lessee in accordance with Sections 6.1 and 6.2 of the
Lease.
7. The person executing this Amendment No. 1 on behalf of each party warrants that
he/she is duly authorized to execute and deliver this Amendment No. 1 on behalf of the
respective party for which he/she signs and, by so executing this Amendment No. 1, such party is
bound by the provisions of this Amendment No. 1.
8. If any term, provision, covenant or condition of this Amendment No. 1 is held to
be invalid, void or otherwise unenforceable to any extent by any court of competent jurisdiction,
the remainder of this Amendment No. 1 shall not be affected thereby, and each term, provision,
covenant, or condition of this Amendment No. 1 shall be valid and enforceable to the fullest
extent permitted by law.
9. This Amendment No. 1 constitutes the entire agreement between the parties
pertaining to the subject matter hereof, and all prior and contemporaneous agreements,
representations, negotiations and understandings of the parties, whether oral or written, are
hereby superseded and merged herein.
10. This Amendment No. 1 may be executed in two or more counterparts, each of
which together shall constitute one and the same document.
11. Lessor reserves the right to terminate this Amendment No. 1 if it determines not
to proceed with the construction of the Lessor Improvement. In the event of termination, the
Lease shall remain in full force and effect as it existed prior to this modification. If it elects to
terminate in accordance with this section, Lessor shall give Lessee written notice.
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474935.03 a05/25/04
12. Except as specifically expressed herein, all other terms, conditions and provisions
of the Lease shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized
representatives to execute this Amendment No. 1 on the dates set forth below.
"Lessee " "Lessor"
Boys and Girls Club of Coachella Valley, a City of La Quinta, a California municipal
non-profit organization corporation
By: By:
Its: Its:
Date: Date:
APPROVED AS TO FORM:
By:
M. Katherine Jenson, City Attorney
ATTEST:
June S. Greek, City Clerk
975/015610-0002
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COUNCIL/RDA MEETING DATE: June 1, 2004
ITEM TITLE: Approval of Joint Use Agreement with the
Boys and Girls Club of the Coachella Valley
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve a Joint Use of Facility and Services Agreement with the Boys and Girls Club
of Coachella Valley, La Quinta Unit and authorize staff to utilize the General Fund
Account in the amount of $30,000, and CDBG Funds in the amount of $30,000 for
the payments.
FISCAL IMPLICATIONS:
Funds have been identified in the proposed Budget for Fiscal Year 2004-05 for the
Boys and Girls Club Agreement with funding allocated in the amount of $30,000 from
the City's General Fund and $30,000 from the City's annual CDBG allocation.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The Boys and Girls Club of Coachella Valley entered into a lease agreement on
February 4, 1992 with the City of La Quinta to construct a facility for providing a
variety of children's programs. On June 20, 1994, the facility began offering the
programs.
At the December 19, 1995 City Council meeting, the Council approved a Joint Use of
Facility and Services Agreement with the Boys and Girls Club of Coachella Valley. The
Agreement term was from January 1, 1996 through June 30, 1996 for an amount not
to exceed $30,000. Subsequently, the budgets for fiscal years 1996-97,1997-
98,1998-99, 1999-2000, 2000-01,2001-02 and 2002-03 have contained $30,000
from the General Fund and $30,000 from the CDBG Fund.
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The Riverside County Economic Development Agency funds a portion of the
Agreement with CDBG funds. Because reports are required of the Boys and Girls Club
of Coachella Valley in order to qualify for the CDBG funds, staff has incorporated the
reporting requirements as a part of the Agreement.
The proposed Agreement for 2004-05, provided as Attachment 1, will be effective
July 1, 2004 through June 30, 2005 with an amount not to exceed $60,000.
The Agreement is divided into two components. The first component is for shared use
of the Boys and Girls Club facility in La Quinta. The amount for this portion of the
Agreement is $30,000 and provides the City with the ability to use the facility for
programs operated Monday through Friday, 7:30 p.m. to 9:00 p.m., and Saturday
9:00 a.m. to 9:00 p.m. The facility offers a games room, gymnasium, cafeteria,
computer room and craft room.
The second component of the Agreement is for services provided by the Boys and
Girls Club to the residents of La Quinta. The Boys and Girls Club would be contracted
in the amount of $30,000 for Fiscal Year 2004-2005 to provide social recreation
programs to children, 7 - 17 years of age. The social recreation program schedule is
Monday through Friday 2:00 p.m. to 7:30 p.m. during the school year, and 7:30 a.m.
to 5:30 p.m. during the summer months. Activities include table games, board games,
clinics, tournaments, parties, and other programs designed for youth. These activities
are funded by CDBG. As outlined in the Joint Use Agreement, Section 1.5.5, the
facility is to be maintained in a neat and clean condition.
The Capital Improvement Project identified for Fiscal Year 2003-04 (project 200304),
will install air conditioning in the gymnasium, add additional office space and an
equipped weight room to be used for City programs. This project is funded as part of
the 2002 bond issue. An amendment to the Lease Agreement between the City and
the Boys and Girls Club for these improvements is before City Council for consideration
today.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1 . Approve a Joint Use of Facility and Services Agreement with the Boys
and Girls Club of Coachella Valley, La Quinta Unit and authorize staff to
utilize the General Fund Account in the amount of $30,000, and CDBG
Funds in the amount of $30,000 for the payments; or
2. Do not approve a Joint Use of Facility and Services Agreement with the
Boys and Girls Club of Coachella Valley, La Quinta Unit; or
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02
3. Provide staff with alternative direction.
peotfully subrPitted,
.-T IV
ity Services Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment 1. Joint Use of Facility and Services Agreement
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ATTACHMENT 1
JOINT USE OF FACILITY AND SERVICES AGREEMENT
Boys and Girls Club of Coachella Valley, La Quinta Unit
THIS AGREEMENT FOR JOINT USE OF FACILITY AND SERVICES AGREEMENT (the
"Agreement") is made and entered into by and between the CITY OF LA QUINTA, a California municipal
corporation (the "City") and the BOYS AND GIRLS CLUB OF COACHELLA VALLEY, LA QUINTA
UNIT, a nonprofit organization (the "Club").
WHEREAS, the CITY and the CLUB have entered into that certain lease agreement titled BOYS
AND GIRLS CLUB OF COACHELLA VALLEY/LA QUINTA LEASE AGREEMENT (the "Lease
Agreement" dated February 4, 1992); and
WHEREAS, the CITY and the CLUB desire to implement in more detail Section 4.1 of the Lease
Agreement regarding the ability of the CITY to utilize the facility constructed pursuant to the Lease
Agreement by the Club (the "Facility"); and
WHEREAS, the CITY has entered into a joint use agreement with the Coachella Valley Boys and
Girls Club, La Quinta Unit previously (the "Joint Use of Facility and Services Agreement" dated December
20, 1995); and
WHEREAS, the CITY desires to assist the CLUB in providing social recreation opportunities for
the residents of La Quinta; and
WHEREAS, the City finds that the proposed joint use of the Facility and the continuation of such
services provide a significant public benefit to the citizens of the City:
The Parties hereto agree as follows:
1.0 SHARED USE OF FACILITY
1.1 Grant of Use. Except for those office areas identified as reserved in Section 1.3
below, the Club hereby grants to the City for a term beginning July 1, 2004 to June 30, 2005, the license to
enter upon, occupy, use and operate, according to the terms, conditions and covenants herein contained, the
Facility during the time frame set out for City use in Section 1.2 below.
1.2 Schedule for Facility Use.
1.2.1 Basic Schedule for City Use ("City Time").
Monday through Friday
Monday through Friday
Saturday
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7:30 p.m. - 10:00 p.m. (School Hours)
5:30 p.m. - 10:00 p.m. (Summer Hours)
9:00 a.m. - 9:00 p.m.
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1.2.2 Quarterly Schedule Review. The Club and the City shall meet and confer
at least quarterly to discuss their programming plans and avoid duplication of services as both Parties agree
is reasonable. The City shall implement a permanent program plan within 60 days from the date of this
Agreement, and maintain said plan in accordance with its terms.
1.2.3 Duty to Permit Other Group Use. During such periods of City Time not
otherwise conceded to the Club that the City does not have a proposed organized group use of the Facility,
or of any particular room thereof ("Unused Time Slots"), City shall grant permits to public benefit groups
and private benefit groups from the community requesting to use the Facility or Facility rooms as City
deems most appropriate giving due consideration to the following guidelines and priorities:
(1) A group that proposes a benefit to youth should have priority to a group that proposes a
benefit to non -youth;
(2) A group that proposes a benefit to more La Quinta residents should have a priority over a
group that proposes a benefit to fewer La Quinta residents;
(3) A group that proposes a use of greater public benefit to a larger number of people should
have priority over a group that proposes a use with a lesser public benefit or to a lesser
number of people;
(4) A group posing a lesser risk of injury to persons or property should be given priority over a
group that poses a greater risk of injury to persons or property;
(5) The order in which the request for usage was received.
1.2.4 Duty to Supervise. During all such times as all or part of the Facility is
permitted by the City to be used by one or more community groups as herein permitted, the City shall
provide competent, on -site supervision of said group by an appropriate contingent of responsible adults, &
such appropriate security therefore necessary to prevent property damage or intentional personal injury.
1.2.5 Liability for Damage. Property and Personal Injury. City shall be liable for
all property damage and personal injury that occurs solely as a result of actions by its permittee or their
guests or attendees, and shall hold the Club harmless from any and all such liability.
1.2.6 Specific Violations of Facility Use. Without limitation as to other possible
violations of the Facility Use, the City shall specifically not permit the following uses:
1.2.6.1 Political Activities. City shall abide by Club's facility use policies and shall
not permit or tolerate the use of the Facility for campaigning or otherwise working for the nomination or
election of any individual to any public office, partisan or nonpartisan, or for any ballot measure, including
any initiative, referendum, or advisory vote, except with the advance written permission of the Club, as a
forum for open public debate by candidates on the condition that no member of the public shall be
excluded therefrom.
1.2.6.2 Alcohol, Drugs or Tobacco. City shall abide by Club's facility use policies
and not allow alcohol, illegal drugs, or tobacco to be sold, used or consumed in, on or about the Facility.
City shall not permit or allow any portion of the Facility to be rented or utilized by any person, group or
company that intends to provide alcoholic beverages at an event or meeting. The City shall make these
facts known, in writing and through oral communications, to all staff members and participants at the
Facility.
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1.3 Reserved Areas.
1.3.1 Club Office Areas. Excepted from the license herein granted is the area of
the Club's office.
1.3.2 Storage Areas. Excepted from the license herein granted is the area of the
Club's storage for games and supplies which is hereby specifically reserved and granted to the exclusive
and full time use of the Club during the term of this Agreement. License is granted to the City by the Club
for a term that is conterminous with the right of the City to use and operate the Facility, unless sooner
terminated by the Club or 30 days written notice, for the full time and exclusive use of the small storage
room off of the gymnasium in the Facility.
1.4 License Fee.
1.4.1 Basic License Fee. For the Basic License Fee the City shall make four
quarterly payments of $7,500 each on July 30, 2004, October 22, 2004, January 20, 2005 and April 14,
2005 for a total amount not to exceed thirty thousand dollars.
1.5 Operations.
1.5.1 Fees. City may charge attendance fees to its invitees and users.
1.5.2 Log Book. All parties shall keep, maintain and permit the inspection by all
other parties of, a joint log book in a form approved by the Club and the City in which the City and the
Club shall maintain a record of acts of vandalism, repairs, incidents of graffiti, and other major incidents.
1.5.3 Procedure Training. City shall cause and train its employees to comply with
procedures in a manual ("Procedures Manual") the Club prepares regarding utility turn-offs, alarm
responses, locking up/closing, key distribution, facility damage (including graffiti reporting).
1.5.4 Key Provision. Parties will coordinate on providing keys and lock up
procedures and use of the alarm system.
1.5.5 Maintenance. Except for conditions which may be corrected by normal
janitorial services, all Parties shall leave the Facility at the conclusion of their daily time allotment in a neat
and clean condition and one that does not impose any additional duty on the janitorial and custodial
services staff, or upon the next occupant of the Facility. The Facility shall be kept and maintained in a
clean, sanitary and safe condition as established by the Club. The Club shall also be responsible for
acceptable maintenance of all landscape areas, playgrounds, parking lots and trash enclosure.
1.5.6 Long Term Maintenance Plan. The Parties agree to develop a long term
maintenance plan during the twelve month term of this agreement to address an equitable cost sharing
approach to non -routine maintenance issues such as floor resealing, building painting, etc., which would be
put into effect in subsequent agreements.
1.6 Indemnity for Shared Use. Reciprocal Indemnity for Invitee's, Employee's
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or Trespasser's Personal and Property Injuries Not Caused by Design, Construction, Maintenance or
Repair. Each Party ("Indemnifying Party") indemnifies each other Party ("Indemnified Party"), holds the
Indemnified Party harmless, and agrees to defend the Indemnified party against loss, damage or liability on
a claim, the adverse judgment, adverse order on, or good faith settlement of, such a claim, including
attorneys fees and court costs in defending such claim, suffered by an Indemnified Parry due to personal
injury to, or damage to the property of, an invitee (including a permittee) of an Indemnified Party
("Indemnified's Invitee"), an employee ("Indemnified's Employee") of an Indemnified Party, or to a
trespasser or other uninvited person, at the Facility (except to the extent that said claims based on an act or
omission of design, construction, including building materials, maintenance or non -maintenance, repair or
non -repair by the Indemnifying Party) primarily caused by the act or omission of the Indemnifying Party,
their employees or invitees.
2.0 SERVICES OF THE CLUB
2.1 Scope of Services. In compliance with all the terms and conditions of this
Agreement, the Club shall continue to provide social recreation programs to the children of La Quinta
according to the following schedule:
July 1, 2004 - August 27, 2004
Monday through Friday
7:30 - 5:30 p.m.
September 7, 2004-December 17, 2004
Monday through Friday
2:00 - 7:30 p.m.
December 20, 2004-December 31, 2004
Monday through Friday
7:30 - 5:30 p.m.
January 3, 2005 - June 10, 2005
Monday through Friday
2:00 - 7:30 p.m.
June 20, 2005 - June 30, 2005
Monday through Friday
7:30 - 5:30 p.m.
Excluding any days off for observance of Boys and Girls Club holiday schedule.
The Social Recreation program is to include but not limited to table games, board games, game technique
clinics, tournaments, holiday parties and provide other opportunities for fun and constructive use of
children's leisure time.
The Club is required by this agreement to be familiar with and comply with the Community Development
regulations and adhere to the polices contained in Exhibit A and Exhibit B. The Club understands and
agrees to that no waiver or exception can be granted to the CDBG policies except with express written
consent of the City.
2.2 • Contractor's Proposal. (Not Applicable to this Agreement)
2.3 Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta
and any federal, state or local governmental agency of competent jurisdiction.
2.4 Licenses, Permits, Fees and Assessments. Club 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. The Club 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.
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3.0 COMPENSATION
3.1 Contract Sum. For the services rendered by Club pursuant to this section of the
Agreement, the City shall compensate the Club in the sum not to exceed Thirty Thousand Dollars
($30,000), to be distributed to the Club according to the payment schedule set forth in paragraph 3.2. It is
the understanding of the Club and the City that Community Development Block Grant (CDBG) funds will
be use to fund this portion of the contract. The sum of Thirty Thousand Dollars ($30,000), is contingent
upon the Club completing the necessary reporting documents required by the Riverside County CDBG
program.
3.2 Payment Schedule. For the term of this Agreement, payments will be made to the
Club according to the following schedule:
Contract Sum Payment Date
$75500 July 30, 2004
$75500 October 22, 2004
$7,500 January 20, 2005
$7,500 April 14, 2005
4.0 PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall
be performed diligently and within the time period established in the Scope of Services and Schedule of
Performance. Extensions to the time period specified in the Scope of Services and Schedule of
Performance may be approved in writing by the Contract Officer. CDBG reporting forms must be filed in
a timely manner in compliance with CDBG reporting timelines. Should the Club fail to perform or
complete the necessary CDBG reports, the City will withhold payment of funds until the performance
deficiency is remedied.
4.3 Force Maieure. (Not applicable to this Agreement)
4.4 Term. Unless earlier terminated in accordance with Section 8.8 of this Agreement,
the term of this Agreement shall be for twelve (12) months from July 1, 2004 through June 30, 2005.
5.0 COORDINATION OF WORK
5.1 Representative of Club. The following principals of the Club are hereby
designated as being the principals and representatives of the Club authorized to act in its behalf with
respect to the work specified herein and make all decisions in connection therewith:
S:\Community Services\Boys and Girls Club\Boys & Girls Club Agreement 2004-05 Final Version.doc
5
a. Jim Ducatte, Executive Director
b. Brian Harnik, President
C. Judy Vossler, Vice President
d. Larry Schank, Treasurer
e. Mike Way, Secretary
5.2 Contract Officer. The Contract Officer shall be the City Manager or such other
person as may be designated by the City Manager of City. It shall be the Club's responsibility to assure that
the Contract Officer is kept informed of the progress of the performance of the services and the Club shall
refer any decisions which must be made by the City to the Contract Officer. Unless otherwise specified
herein, any approval of the City required hereunder shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge,
capability and reputation of the Club, its principals and employees were a substantial inducement for the
City to enter into this Agreement. Therefore, the Club shall not contract with any other entity to perform in
whole or in part the services required hereunder without the express written approval of the City. In
addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by
operation of law, without the prior written approval of the City.
5.4 Independent Contractor. Neither the City nor any of its employees shall have any
control over the manner, mode or means by which the Club, its agents or employees, perform the services
required herein, except as otherwise set forth. The Club shall perform all services required herein as an
independent contractor of the City and shall remain at all times as to the City a wholly independent
contractor with only such obligations as are consistent with that role. The Club shall not at any time or in
any manner represent that it or any of its agents or employees are agents or employees of the City.
6.0 INSURANCE AND INDEMNIFICATION
6.1 Insurance. The Club shall carry general liability and property damage insurance
against all claims for injuries against persons or damages to property resulting from the Club's act or
omissions arising out of or related to the Club's performance under this Agreement in an amount equal as
specified in Lease agreement. The City shall be named as additionally insured to the policy and a
certificate to that effect shall be delivered to the City prior to the payment of the first installment under
Section 3.2 above. Such insurance shall be kept in effect during the term of this Agreement and shall not
be cancelable without thirty (30) days written notice of proposed cancellation to the City.
6.2 Indemnification. The Club shall defend, indemnify and hold harmless the City, its
officers, employees, representatives and agents, from and against any and all actions, suits, proceedings,
claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death
of person(s), for damage to property and for errors and omissions committed by the Club, its officers,
employees and agents, arising directly or indirectly out of or related to the Club's performance under this
Agreement, except to the extent of such loss as may be caused by the City's own negligence or that of its
officers or employees.
S:\Community Services\Boys and Girls Club\Boys & Girls Club Agreement 2004-05 Final Version.doc
6
6.3 Performance Bond. (Not Applicable to this Agreement)
6.4 Payment Bond. (Not Applicable to this Agreement)
6.5 Remedies. In addition to any other remedies the City may have if the Club fails to
provide or maintain any insurance policies or policy endorsements to the extent and within the time herein
required, the City may, at its sole option:
1. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this
Agreement.
2. Order the Club to stop work under this Agreement and/or
withhold any payment(s) which become due to the Club hereunder
until the Club demonstrates compliance with the requirements
hereof.
3. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have
and are not the exclusive remedies for the Club'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 the
Club may be held responsible for payments of damages to persons or property resulting from the Club's or
its employees or agents in their performance, under this Agreement.
7.0 REPORTS
7.1 Reports. The Club shall prepare and submit to the Contract Officer a monthly
report of attendance concerning the services as outlined in Scope of Services. In addition, a progress
report, including an accounting of expenditures, shall be provided on or about January 15, 2005 and June
15, 2005. The Club shall prepare reports and intake forms as required by the Riverside County CDBG
program.
7.2 Record Retention Clause. The Club shall maintain and keep books and records on a
current basis, recording all transactions pertaining to this agreement in a form in accordance with generally
acceptable accounting principles. Said books and records shall be made available to the County, State of
California, the Federal government, the City of La Quinta-Contract Officer or designee thereof, and to any
authorized representative thereof for the purposes of audit at all reasonable times and places. All such
books and records shall be retained for such periods of time as required by law, provided, however,
notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained
for a period of at least three (3) years after the expiration of the term of this Agreement.
7.3 Community Development Block Grant Fundinti. The Club agrees to comply with
the reporting processes of the Riverside County CDBG program in order to document the program meets a
National Objective by serving limited clientele - all persons (100%) served by the services outlined in the
Scope of Service shall be of low or moderate income.
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127
8.0 ENFORCEMENT OF AGREEMENT
8.1 California Law. This Agreement shall be construed, interpreted and governed as to
validity, performance of the parties and enforcement 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 the Club covenants and agrees to submit to the personal jurisdiction of such court
in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party
shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party
shall continue performing its obligations hereunder so long as the injuring party commences to cure such
default within ten (10) days of service of such notice and completes the cure of such default within forty-
five (45) days after service of the notice, or such longer period as may be permitted by the Contract
Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the
City may take such immediate action as the City deems warranted. Compliance with the provisions of this
Section shall be a condition precedent to termination of this Agreement for cause and to any legal action,
and such compliance shall not be a waiver of any party's right to take legal action in the event that the
dispute is not cured, provided that nothing herein shall limit the City's right to terminate this Agreement
without cause pursuant to Section 6.3.
8.3 Retention of Funds. The City may withhold from any monies payable to the Club,
sufficient funds to compensate the City for any losses, costs, liabilities or damages it reasonably believes
were suffered by the City due to the default of the Club in the performance of the services required by this
Agreement.
8.4 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. The City's
consent or approval of any act by the Club requiring the City's consent or approval shall not be deemed to
waive or render unnecessary the City's consent to or approval of any subsequent act of the Club. Any
waiver by either party or 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.
8.5 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.
8.6 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.
8.7 Liquidated Damages. (Not Applicable to this Agreement)
8.8 Termination Prior To Expiration Of Term. This section shall govern any
S:\Community Services\Boys and Girls Club\Boys & Girls Club Agreement 2004-05 Final Version.doc
8
128'
termination of this Agreement, except for termination by the City for cause. The City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the
Club.
8.9 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 from the losing Party.
9.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
9.1 Non -liability of City Officers and Employees. No officer or employee of the City
shall be personally liable to the Club, or any successor in interest, in the event of any default or breach by
the City or for any amount which may become due to the Club or to its successor, or for breach of any
obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the City shall have any personal
interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to the Agreement which effects his personal interest or the interest of any corporation,
partnership or association in which he is, directly or indirectly, interested, in violation of any state statute
or regulation. The Club warrants that it has not paid or given and will not pay or give any third party any
money or other consideration for obtaining this Agreement.
9.3 Covenant Against Discrimination. The Club 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. The Club
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.
10.0 MISCELLANEOUS PROVISIONS
10.1 Notice. Any notice, demand, request, consent, approval, communication either party
desires or is required to give to the other party or any person shall be in writing and either served
personally or sent by prepaid, first-class mail to the address set forth below. Either parry may change its
address by notifying the other party of the change of address in writing. Notice shall be deemed
communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1.
To City: To Club:
CITY OF LA QUINTA COACHELLA VALLEY BOYS
78-495 Calle Tampico AND GIRLS CLUB, LA QUINTA UNIT
La Quinta, California 92253 42-600 Cook Street, Suite 120
Attention: City Manager Palm Desert, California 92211
10.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and all previous understandings, negotiations and agreements are integrated into and superseded by
S:\Community Services\Boys and Girls Club\Boys & Girls Club Agreement 2004-05 Final Version.doc
9
2BP
this Agreement.
10.3 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.
10.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect
any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder.
10.5 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.
10.6 Lease. The Lease Agreement shall remain in effect according to its terms.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.
Dated:
ATTEST:
JUNE S. GREEK, City Clerk
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
CITY OF LA QUINTA, a California
Municipal Corporation
0
DON ADOLPH, Mayor
"CITY"
BOYS AND GIRLS CLUB OF COACHELLA
VALLEY, LA QUINTA UNIT, a nonprofit
organization
IRS Tax Exempt No.:
Dated:
By:
Name:
Title:
"CLUB"
S:\Community Services\Boys and Girls Club\Boys & Girls Club Agreement 2004-05 Final Version.doc
10 130
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C� OF T9
COUNCIL/RDA MEETING DATE: June 1, 2004
ITEM TITLE: Acceptance of Improvements Associated
with Specific Plan 90-015, PGA West, KSL Land
Corporation, a Delaware Corporation
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Accept improvements to Specific Plan 90-015, PGA West, KSL Land Corporation, a
Delaware Corporation and authorize staff to release performance securities upon
receipt of warranty securities.
FISCAL IMPLICATIONS:
Acceptance of the improvements will impact the General Fund as follows:
Based on the City's current landscape maintenance contract, future median landscape
and maintenance costs for Madison Street, Airport Boulevard, and Monroe Street are
estimated to be $2,500 annually.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Specific Plan 90-015 is generally bounded by Avenue 55 alignment on the north,
Airport Boulevard to the south, Madison Street to the west, and to the east by Monroe
Street (Attachment 1). Specific Plan 90-015 primarily defines the requirements to
construct the perimeter improvements under this Specific Plan (Norman Course).
Improvements included landscaped medians, traffic signals, parkway landscaping, and
meandering sidewalks/horse trails. All improvements are now complete and all
obligations of the Subdivision Improvement Agreement have been satisfied.
131
S:\CityMgr\STAFF REPORTS ONLY\C 3 SP 90-015.doc
Attachment 2 is a Table of Values indicating securities to be released after the City
receives the warranty securities.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Accept improvements to Specific Plan 90-015, PGA West, KSL Desert Resorts,
Inc., and authorize staff to release performance securities; or
2. Do not accept improvements to Specific Plan 90-015, PGA West, KSL Desert
Resorts, Inc., and do not authorize staff to release performance securities; or
3. Provide staff with alternative direction.
Respectfully submitted,
imothy . ona s n, P.E.
Public Works Director/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Vicinity Map
2. Table of Values
S:\CityMgr\STAFF REPORTS ONLY\C 3 SP 90-015.doc 2 13Z
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PERIMETER IMPROVEMENTS
PROJECT AREA
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ATTACHMENT 2
SECURITY
Specific Plan 90-015
PGA West
Performance Security'
Improvement Description
Labor &
Materials
Current
Amount
Proposed
Reduction
Warrany
Amount3
Madison St Improvements - East 1 /4 ultimate right-of-
way improvements and perimeter improvements
$686,715
$686,715
90%
$68,672
Airport Blvd Improvements - West half north 1 /2
ultimate right-of-way improvements, and perimeter
improvements
$1,047,352
$1,047,352
90%
$104,735
Airport Blvd Improvements - East half north 1 /2 ultimate
right-of-way improvements, perimeter improvements
$1,006,919
$1,006,919
90%
$100,692
Monroe St Improvements - West 1 /2 ultimate right-of-
way improvements, perimeter improvements
$714,272
$714,272
90%
$71,427
Perimeter Walls Northerly Property Line
$348,705
$348,705
90%
$34,871
Traffic Signal Improvements (Participatory) 4
Madison St & Airport Blvd (25% share)
$0
$31,250
100%
$0
Madison St & Main Entry (100% share)
$0
$125,000
0%
$0
Airport Blvd & Main Entry (100% share)
$0
$125,000
0%
$0
Monroe St & Airport Blvd (25% share)
$0
$31,250
0%
$0
Landscaped Median Improvements (Participatory) :4
Airport Blvd East 1 /2 mile (50% share) $0
$183,546 100%
$0
Monroe Street (50% share) $0
1
$128,261 0%
1
$128,261
Total: $3,803,963
$4,428,270
$508,657
' Performance Security shall be released immediately after City Council acceptance as
Warranty Security has been received.
2 Labor & Materials Security to remain in place for 90 days after City Council
acceptance of improvements (September 2, 2004).
3 Warranty Security shall remain in place for one year (June 1, 2005) after City
Council acceptance of improvements.
4 Retain all Participatory Securities for improvements that have not been completed
as required per the Conditions of Approval for SP 90-015.
4 134
T:\PWDEPT\STAFF\Martinez\City Council\Staff Reports\final acceptance\KSL Staff Reports\SP 90-015 Attachment.doc
� w5
OF 'T13ti9
COUNCIL/RDA MEETING DATE: June 1, 2004 AGENDA CATEGORY:
ITEM TITLE: Approval of a Resolution to Reaffirm the
City's Adoption of the Annual Assessment for CSA
152, Authorize Riverside County to Continue to Levy
Assessments, and Indemnify and Hold the County
Harmless for Levying Assessments on City Parcels
Under CSA 152
RECOMMENDATION:
BUSINESS SESSION:
CONSENT CALENDAR: 6
STUDY SESSION:
PUBLIC HEARING:
Adopt a .Resolution of the City Council authorizing Riverside County to levy
assessments for the Fiscal Year 2004/2005 under CSA 152.
FISCAL IMPLICATIONS:
The adoption of this Resolution will authorize Riverside County to continue assessing
CSA 152 assessments in the amount of nine dollars and ninety-nine cents ($9.99) per
parcel within the City of La Quinta. The estimated revenue for Fiscal Year 2004/2005
is approximately $150,000.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
In December 1991, the County of Riverside initiated the use of County Service Area
(CSA) 152 to provide funding for local jurisdictions for flood control and storm drain
maintenance.
On May 20, 1997, the City of La Quinta passed Resolution No. 97-39 approving the
Benefit Assessment Unit (BAU) rate for the Fiscal Year 1997/98 CSA 152
Assessment. Resolution No. 97-39 states that the City shall agree to indemnify,
defend, and hold the County and members of its Board, Officers, Employees, and
Agents harmless from any and all claims, demands, and causes for the collection of
assessments under CSA 152.
135,
S:\CityMgr\STAFF REPORTS ONLY\C 4 CSA 152.doc
Each year the County of Riverside collects the $9.99 assessment per parcel under
CSA 152 to fund the City's program for the National Pollutant Discharge Elimination
System (NPDES) Permit. The services funded by CSA 152 include, but are not limited
to, flood control and storm drain maintenance, retention basin maintenance, and street
sweeping. The City utilizes revenue from CSA 152 for street sweeping and storm
drain maintenance and operation, assessments for which are exempt under the
provisions of Proposition 218.
The County of Riverside requires a City Council Resolution stating that the City's
program will continue and that the parcel charge will remain unchanged for Fiscal Year
2004/2005.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council authorizing Riverside County to levy
assessments for the Fiscal Year 2004/2005 under CSA 152; or
2. Do not adopt a Resolution of the City Council and fund the street sweeping,
flood control facility/drainage facility maintenance and operations, and the
NPDES Program from the General Fund (this will result in an approximate
expenditure of approximately $150,000 annually from the General Fund); or
3. Provide staff with alternative direction.
Respectfully submitted,
mothy ona n, P. E.
ublic Wor s Dire for/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
S:\CityMgr\STAFF REPORTS ONLY\C 4 CSA 152.doc 2 136
RESOLUTION NO. 2004-(Clerk's Office will enter)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, MAKING FINDINGS AND
RECONFIRMING THE ESTABLISHMENT AND SETTING OF
RATES FOR THE COUNTY SERVICE AREA 152 TO FUND THE
CITY'S STREET SWEEPING PROGRAM AND OPERATE AND
MAINTAIN THE CITY'S DRAINAGE AND FLOOD CONTROL
SYSTEMS
WHEREAS, the Riverside County Service Area 152 (CSA 152) was
created under the Benefit Assessment Act of 1982 (Government Code
Section 54702, et seq.), which authorized local agencies to impose benefit
assessments to finance the maintenance and operation costs of flood control
and drainage systems, based on the proportionate storm water runoff from
each parcel; and
WHEREAS, under the federally -mandated but unfunded National
Pollutant Discharge Elimination System (NPDES) Program, the City is required
to have a valid permit from the Regional Water Quality Control Board to
discharge water runoff from properties within the boundaries of the City; and
WHEREAS, street sweeping is a pro -active method of insuring pro-
active maintenance from street runoff into the flood control and drainage
systems of the City; and
WHEREAS, the City is a co-permittee of Permit No. CSA-617002 with
the County of Riverside and the incorporated cities therein; and
WHEREAS, the City, by its Resolution No. 97-39, adopted on May 20,
1997 authorized Riverside County to levy and establish a Benefit
Assessment Unit (BAU) rate for the 1997/98 Fiscal Year CSA 152
assessments; and
WHEREAS, the City by its Resolution No. 97-39, adopted on May 20,
1997, agreed to indemnify and hold the County harmless for levying
Assessments on the City parcels under CSA 152; and
3137
Resolution No. 2004-
CSA 152
Adopted: June 1, 2004
Page 2
WHEREAS, the City uses revenues from CSA 152 assessments solely
for the purpose of maintaining and operating the City's flood control and
drainage system to comply with the NPDES Permit and to provide street
sweeping within the City of La Quinta; and
WHEREAS, Proposition 218, adopted by voters on November 6, 1996,
established new procedures and approval requirements for all existing
assessments, unless the assessment is exempt from the new requirements;
and
WHEREAS, certain assessments that existed on November 6, 1996,
are specifically exempt from the Proposition 218 procedures and approval
requirements, including assessments imposed exclusively to finance the
capital costs and maintenance and operation expenses for sidewalks, streets,
sewers, water, flood control, drainage systems or vector control.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
Section 1. The foregoing recitals are true and correct and the City
Council so finds and determines.
Section 2. The City Council finds and declares that the City's CSA
152 charges are assessments within the definition of California Constitution
Article MID, Section 2(b), in that they confer special benefits upon each
parcel of property subject to the assessments.
Section 3. The City Council finds and declares that pursuant to
Article XIIID, Section 5(a), the City's CSA 152 assessments are exempt from
the new procedures and approval requirements of Article XIIID, Section 4,
because the City's CSA 152 assessments existed before November 6, 19961
and the assessments are imposed exclusively to finance the capital costs and
maintenance and operation expenses for street sweeping, flood control, and
drainage systems in the City.
Section 4. The City Council hereby reaffirms its adoption of the
annual assessment for CSA 152 and hereby determines that the annual
assessment rate for Fiscal Year 2004/2005 for CSA 152 is to be set at nine
dollars and ninety-nine cents ($9.99) per benefit assessment unit. The
method of computation has not been changed nor has the rate of
assessment been increased since August 6, 1996.
4 138
Resolution No. 2004-
CSA 152
Adopted: June 1, 2004
Page 3
Section 5. The City Council hereby authorized the County of
Riverside to levy assessments under CSA 152 for the benefit of the City.
The City agrees that it shall indemnify, defend and hold County and
members of its Board, and its officers, employees and agents harmless from
(1) any and all claims, demands, and causes of action of any kind or nature
whatsoever and (2) any and all liability of any kind or nature whatsoever that
may arise out of or be caused by, or be attributable to the imposition,
collection, or allocation of any tax (special or general), assessment fees or
charges, and/or any other revenue generated through City's application of
reliance on or use of County Service Area 152.
.PASSED, APPROVED and ADOPTED at a regular meeting of the
La Quinta City Council held on this 1st day of June, 2004, by the following
vote to wit:
AYES:Council Members (Clerk's Office will enter)
NOES: None
ABSENT: None
ABSTAIN: None
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, CIVIC, CITY CLERK
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
5 139
<::(?`,�� 4 sep QA(iKr6j
COUNCIL/RDA MEETING DATE: June 1, 2004
ITEM TITLE: Adoption of a Resolution Accepting a
Quitclaim Deed from the La Quinta Commercial
Owners' Association, a California Unincorporated
Association, for Public Roadway Purposes Along
Washington Street Associated, with Parcel Map No.
31248
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution accepting a Quitclaim Deed (Attachment 1) from the La Quinta
Commercial Owners' Association, a California unincorporated association, for public
roadway purposes along Washington Street (Attachment 2) associated with Parcel
Map No. 31248 (Attachment 3) and direct the City Clerk to have the deed recorded at
the Riverside County Recorder's office.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
As a condition of Tentative Parcel Map No. 31248, additional right-of-way was
required to have roadway right-of-way conform to the General Plan classification for
Washington Street as an Augmented Arterial. The right-of-way dedication was for six
feet (61 along the entire west property line for an ultimate developed right-of-way
from the centerline of Washington Street of sixty-six feet (66').
However, the La Quinta Commercial Owners' Association retains ownership of a
20 foot landscape lot between the existing Washington Street right-of-way and the
Tentative Parcel Map No. 31248 property line (see Exhibit A of Attachment 1).
Therefore, the developer was required to obtain such right-of-way dedication in favor
of the City. 140
The subject Quitclaim Deed will satisfy the requirements set forth by the conditions for
Parcel Map No. 31248 and provide for the ultimate developed right-of-way of sixty-six
feet (66') from the centerline of Washington Street.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution accepting a Quitclaim Deed from the La Quinta Commercial
Owners' Association, a California unincorporated association, for public
roadway purposes along Washington Street associated with Parcel Map No.
31248 and direct the City Clerk to have the deed recorded at the Riverside
County Recorder's office; or
2. Do not adopt a Resolution accepting a Quitclaim Deed from the La Quinta
Commercial Owners' Association, a California unincorporated association, for
public roadway purposes along Washington Street associated with Parcel Map
No. 31248 and do not direct the City Clerk to have the deed recorded at the
Riverside County Recorder's office; or
3. Provide staff with alternative direction.
Respectfully submitted,
ps..
mothy R n A s nj P.E.
Public WorJ Direct r/City Engineer
Approved for submission by:
rzTwo�� * F
Thomas P. Genovese, City Manager
Attachments: 1. Quitclaim Deed
2. Vicinity Map
3. Parcel Map No. 31248
2 141
RESOLUTION NO. 2004-(Clerk's Office will enter)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ACCEPTING A QUITCLAIM DEED FROM THE
LA QUINTA COMMERCIAL OWNERS' ASSOCIATION, A CALIFORNIA
UNINCORPORATED ASSOCIATION, FOR PUBLIC ROADWAY
PURPOSES ALONG WASHINGTON STREET ASSOCIATED WITH
PARCEL MAP NO. 31248
WHEREAS, a condition of Tentative Parcel Map No. 31248 was for an
additional six feet (6') of right-of-way dedication along Washington Street to have
the roadway right-of-way conform with the Plan classification as an Augmented
Arterial for an ultimate developed right-of-way of sixty-six feet (66'); and
WHEREAS, the La Quinta Commercial Owners' Association retains
ownership of a twenty foot (20') landscape lot between the existing Washington
Street right-of-way and the Tentative Parcel Map No. 31248 property line; and
WHEREAS, the developer has obtain the required right-of-way dedication
from the La Quinta Commercial Owners' Association in favor of the City of
La Quinta; and
WHEREAS, the City of La Quinta now desires to accept said Quitclaim Deed,
in order to satisfy the requirements set forth by the conditions of Tentative Parcel
Map No. 31248 and provide for the ultimate developed right-of-way of sixty-six feet
(66') on Washington Street.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
Section 1. The City Council of the City of La Quinta hereby accepts the
dedicated property.
Section 2. The City Clerk of the City of La Quinta shall file this Resolution
accepting the Quitclaim Deed for recording by the County Recorder.
3 142
Resolution No. 2004-
RW-D 2003-054
Adopted June 1, 2004
Page 2
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 1s' day of June, 2004, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, CIVIC, CITY CLERK
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
143
4
ATTACHMENT
No Recording Fee
Required Per
Government Code
Section 27383
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
June S. Greek, City Clerk
CITY OF LA QUINTA
P.O. Box 1504
La Quinta, CA 92253
(Space above this line for Recorder's Use)
QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, a receipt of which is hereby acknowledged, LA
QUINTA COMNERCIAL OWNERS' ASSOCIATION, a California unincorporated association,
does hereby remise, release and forever quitclaim to CITY OF LA QUINTA, a general law city
duly created and existing under the laws of the State of California, for public roadway purposes
that certain real property in the County of Riverside, State of California, described in Exhibit "A"
attached hereto and by reference made a part hereof.
STATE OF CALIFORNIA) LA QUINTA COMMERCIAL OWNERS'
) ss. ASSOCIATION, a California unincorporated
COUNTY OF RIVERSIDE) association
On this _�_ day of
Before me, ye
(Notary Public) pe onall appeared By:
»=walJ kr awt to me to be the
person whose name is subscribed to
the within instrument and acknowledged
to me that he executed the same in his
authorized capacity and that by his
signature on the instrument the person or
the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
r
Notary Publi in and for said County and State
Print Name:ij� 7'
Its:
conym
Noky
x My cc== Entrey
AM 24,
5 144
EXHIBIT "A"
LEGAL DESCRIPTION
DEDICATION TO THE CITY OF LA QUINTA FOR PURPOSES OF ROADWAY USE DESCRIBED
AS FOLLOWS:
THAT PORTION OF LOT "CC" OF TRACT 24230, AS SHOWN BY MAP ON FILE IN THE OFFICE
OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO.27892,
AS SHOWN BY MAP ON FILE IN BOOK 182, PAGES 63 TO 66 OF MAPS ON FILE IN THE
OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, THENCE
SOUTH 89031'06" WEST 20.00 FEET TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-
WAY LINE OF WASHINGTON STREET, BEING THE TRUE POINT OF BEGINNING, THENCE
SOUTH 00023'00" EAST ALONG THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF
WASHINGTON STREET 324.02 FEET, THENCE SOUTH 45°2557" EAST 8.48 FEET, THENCE
NORTH 00023'00" WEST 330.02 FEET, THENCE SOUTH 89031'06" WEST 6.00 FEET TO THE
TRUE POINT OF BEGINNING.
CONTAINING: 1,962.58 SQUARE FEET
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AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: June 1, 2004
ITEM TITLE: Authorization for Overnight Travel for the
Assistant Engineer II to Attend Fundamentals of Signal
Timing and Operations Sponsored by the University of
California Berkeley - Institute of Transportation Studies
on June 9, 2004 through June 10, 2004
RECOMMENDATION:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve authorization for overnight travel for the Assistant Engineer II to attend a two-
day Fundamentals of Signal Timing and Operations seminar sponsored by the
University of California Berkeley, Institute of Transportation Studies on June 9, 2004
through June 10, 2004.
FISCAL IMPLICATIONS:
The breakdown of estimated expenditures for this training is as follows:
Registration $300.00
Hotel Room $175.00
Travel $130.00
Meals $ 50.00
Total $655.00
Funds have been approved for training as part of the Fiscal Year 2003/2004 Budget in
the Public Works Traffic and Development Division, Travel and Training, Account No.
101-7002-431.51-01.
CHARTER CITY IMPLICATIONS:
None.
1 )0
S:\CityMgr\STAFF REPORTS ONLY\C 6 Overnight.doc
BACKGROUND AND OVERVIEW:
Fundamentals of Signal Timing and Operations seminar is sponsored by the University
of California Berkeley, Institute of Transportation Studies. The training will be held in
Richmond, California on June 9th and 10th, 2004. The Assistant Engineer II will benefit
from this course by receiving instruction on how to time signalized intersections and
will learn about the basics of signal coordination and how it works in real world street
networks.
Various topics to be discussed include types of signals, timing of fixed and actuated
signals, pedestrian considerations, signal coordination, detector logic, gap settings,
when to change timing settings, signal coordination and pre-emption.
FJNDINGS AND ALTEBNATIVES:City Council include:
1. Approve authorization for overnight travel for the Assistant Engineer II to attend
a two-day Fundamentals of Signal Timing and Operations seminar sponsored by
the University of California Berkeley, Institute of Transportation Studies on June
9, 2004 through June 10, 2004; or
2. Do not approve authorization for overnight travel for the Assistant Engineer II to
attend a two-day Fundamentals of Signal Timing and Operations seminar
sponsored by the University of California Berkeley, Institute of Transportation
Studies on June 9, 2004 through June 10, 2004; or
3. Provide staff with alternative direction.
Respectfully submitted,
6 % __0imothy ona , P. E.
o s
Public WDir for/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Course Details
S:\CityMgr\STAFF REPORTS ONLY\C 6 Overnight.doc 2
151
ATTACHMENT 1
Technology Transfer Program
TRAFFIC ENGINEERING
.+ AND SIGNALIZATION
TE-04 1.6 CEU
FUNDAMENTALS OF SIGNAL
TIMING AND OPERATIONS
This course covers the basic concepts as well as practical applications and opera-
tions of traffic signal timing systems for isolated and coordinated intersections.
The course engages students through hands-on exercises and case studies.
Instructors provide many opportunities for students to learn about real -world
signal timing and operations. Some class exercises and demonstrations are taught
in a computer lab.
NOTE: This is an introductory course in a series of courses on traffic signal tim-
ing offered by the "Technology Transfer Program Training Series:" It is strongly
recommended (although not required) that students take this course before taking
any of the following: TE-08 Basics of the Type 170 Controller, TE-09 Basics of
the Type 2070 Controller, TE-10 Advanced Traffic Signal Operations, and TE-13
Basic SYNCHRO and SimTraffic: Tools for Traffic Signal Timing.
TOPICS INCLUDE
types of traffic signals • principles of signal timing • timing of fixed and actuated
signals • pedestrian considerations • signal coordination • detector logic •
gap settings • recall and other features • signal timing using Excel Spreadsheet
(PLANSIG) • when to change timing settings • signal coordination and
pre-emption • ramp metering
WHAT YOU WILL LEARN
The student will learn how to time signalized intersections and other signal tim-
ing basics encountered in real -world situations. Students will also learn about the
basics of signal coordination and how it works in real world street networks.
WHO SHOULD ATTEND
The class is for traffic engineers, planners, consultants, and technicians who are
new to traffic signal timing. Experienced practitioners who desire a "refresher"
course will also benefit.
INSTRUCTORS
Gary E. Kruger, P.E.
Gordon C. Lum, P.E.
11 6:qoj"'
4
_ QV
OF Tk�
COUNCIL/RDA MEETING DATE: .tune 1, 2004
ITEM TITLE: Adoption of a Resolution Requesting
the Board of Supervisors of the County of Riverside
to Consolidate a General Municipal Election to be
Held on Tuesday, November 2, 2004
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council requesting the Board of Supervisors of the
County of Riverside to consolidate a General Municipal Election to be held on Tuesday,
November 2, 2004, with the Statewide General Election to be held on that date
pursuant to Code Section 10403 of the Elections Code.
FISCAL IMPLICATIONS:
The Riverside County Registrar of Voters has provided a cost estimate to the City for
this election of $28,000, which has been included in the FY 2004-2005 budget
(Account No. 101-2001-411.32-10) for approval.
CHARTER CITY IMPLICATIONS: None
BACKGROUND AND OVERVIEW:
Code Section 10403 of the Elections Code of the State of California provides that the
City Council may request the county elections department to consolidate the General
Municipal Election with the Statewide General Election.
153
The City of La Quinta has consolidated General Municipal Elections with the County
since its incorporation. The proposed Resolution, included in this staff report, is for
the purpose of requesting those services for the Election to be held on November 2,
2004.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council, requesting the Board of Supervisors of
the County of Riverside to consolidate a General Municipal Election to be held
on Tuesday, November 2, 2004, with the Statewide General Election to be held
on that date pursuant to Code Section 10403 of the Elections Code; or
2. Do not Adopt a Resolution of the City Council, requesting the Board of
Supervisors of the County of Riverside to consolidate a General Municipal
Election to be held on Tuesday, November 2, 2004, with the Statewide General
Election to be held on that date pursuant to Code Section 10403 of the
Elections Code; or
3. Provide staff with alternative direction.
Respectfully submitted,
J S. Greek, City Clerk
Approved for submission by:
Thomas P. Genovese, City Manager
2
154
RESOLUTION NO. 2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 2, 2004, WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE
PURSUANT TO § 10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of La Quinta, California called
a General Municipal Election to be held on November 2, 2004, for the
purpose of the election of a Mayor and two Members of the City Council;
and
WHEREAS, it is desirable that the General Municipal Election be
consolidated with the Statewide General Election to be held on the same
date and that within the City the precincts, polling places and election
officers of the two elections be the same, and that the county election
department of the County of Riverside canvass the returns of the General
Municipal Election and that the election be held in all respects as if there
were only one election;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of La Quinta, California, as follows:
. SECTION 1. That pursuant to the requirements of § 10403 of the
Elections Code, the Board of Supervisors of the County of Riverside is
hereby requested to consent and agree to the consolidation of a General
Municipal Election with the Statewide General election on Tuesday
November 2, 2004, for the purpose of the election of a Mayor, and two
Members of the City Council.
SECTION 2. That the county election department is authorized to
canvass the returns of the General Municipal Election. The election shall be
held in all respects as if there were only one election, and only one form of
ballot shall be used.
SECTION 3. That the Board of Supervisors is requested to issue
instructions to the county election department to take any and all steps
necessary for the holding of the consolidated election.
Resolution No. 2004-
Requesting Election Consolidation
Adopted:
Page 2
SECTION 4. That the City of La Quinta recognizes that additional
costs will be incurred by the County by reason of this consolidation and
agrees to reimburse the County for any costs.
SECTION 5. That the City Clerk is hereby directed to file a certified
copy of this Resolution with the Board of Supervisors and the county
election department of the County of Riverside.
SECTION 6. That the City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book of original Resolutions.
. PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta City Council held on this 1" day of June, 2004, by the following vote
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, CMC, CITY CLERK
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
1�r
COUNCIL/RDA MEETING DATE: June 1, 2004
ITEM TITLE: Adoption of a Resolution Giving Notice
and Call of a General Municipal Election to be Held
on Tuesday, November 2, 2004
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 7
STUDY SESSION:
PUBLIC HEARING:
Adopt a resolution calling and giving notice of the holding of a General Municipal
Election to be held on Tuesday, November 2, 2004 for the election of certain officers
as required by the provisions of the laws of the State of California relating to Charter
Cities.
FISCAL IMPLICATIONS:
The Riverside County Registrar of Voters has estimated a cost for holding the General
Municipal Election of $28,000. This cost is included in the budget for Fiscal Year
2004-2005 in Account No. 101-2001-411.32-10.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The General Municipal Election for the year 2004 will be for the purpose of election of
the offices of Mayor and two Members of City Council. Pursuant to the election
codes of the State of California, the City Council is required to give formal notice of
the election, the offices to be elected and the terms of those offices. The attached
resolution fulfills the requirements of the election laws.
157
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a resolution calling and giving notice of the holding of a General
Municipal Election to be held on Tuesday, November 2, 2004 for the election of
certain officers as required by the provisions of the laws of the State of
California relating to Charter Cities; or
2. Do not adopt a resolution calling and giving notice of the holding of a General
Municipal Election to be held on Tuesday, November 2, 2004 for the election of
certain officers as required by the provisions of the laws of the State of
California relating to Charter Cities; or
3. Provide staff with alternative direction.
Respectfully submitted,
Jun,94%0. Greek, City Clerk
Approved for submission by:
Thomas P. Genovese, City Manager
2
iss
RESOLUTION NO. 2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 2, 2004, FOR THE ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA
WHEREAS, under the provisions relating to General Law and Charter
Cities in the State of California, a General Municipal Election shall be held on
November 2, 2004, for the election of Municipal Officers;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
SECTION 1. .That pursuant to the requirements of the laws of the
State of California relating to General Law and Charter Cities there is called
and ordered to be held in the City of La Quinta, California on Tuesday,
November 2, 2004, a General Municipal Election for the purpose of electing
a Mayor for the full term of two years; and two Members of the City Council
for the full term of four years.
SECTION 2. That the ballots to be used at the election shall be in
form and content as required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed
to procure and furnish any and all official ballots, notices, printed matter and
all supplies, equipment and paraphernalia that may be necessary in order to
properly and lawfully conduct the election.
SECTION 4 That the polls of the election shall be open at seven
o'clock a.m. on the day of the election and shall remain open continuously
from that time until eight o'clock p.m. on the same day when the polls shall
be closed, except as provided in § 14401 of the Elections Code of the State
of California.
SECTION 5. That in all particulars not recited in this Resolution, the
election shall be held and conducted as provided by law for holding
municipal elections.
1393
Resolution No. 2004-
Calling Election November 2, 2004
Adopted:
Page 2
SECTION 6. That notice of the time and place of holding the election
is given and the City Clerk is authorized, instructed and directed to give
further or additional notice of the election, in time, form and manner as
required by law.
SECTION 7. That the City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta City Council held on this 1st day of June, 2004, by the following
vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
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
DON ADOLPH, Mayor
City of La Quinta, California
160 4
' 0
4
- w5
OF'�
COUNCHJRDA MEETING DATE: June 1, 2004
ITEM TITLE: Ratification of a Contract With Emery
Land Clearing Executed by the City Manager for
the Demolition of Certain Houses on Jefferson
Street
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Ratify the contract with Emery Land Clearing in the amount of $88,150.
FISCAL IMPLICATIONS:
The City has an agreement with Coachella Valley Association of Governments
(CVAG) in which CVAG will pay 75% of the costs of the Phase II Jefferson Street
project. The remaining 25% of the budget will be derived from the transportation
portion of the City's Development Impact Fee (DIF).
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The City has obtained, or is in the process of obtaining, seventeen houses along
Jefferson Street which will be demolished in order to accommodate the street
widening project. Fourteen of the houses are already vacant and as such have the
potential of becoming an attractive nuisance. Demolishing the structures as quickly
as possible will mitigate the problem. The La Quinta Municipal Code allows the
City Manager to execute contracts by the most expeditious manner when time is of
the essence, as long as the contract (if it exceeds $25,000) is ratified by the City
Council at the next regular meeting.
Staff solicited bids for the demolition of the first five houses, which have been
cleared of asbestos, and received the following proposals:
161
Emery Land Clearing $ 88,150
Tresierras Construction $104,995
Demo Unlimited $127,500
The City Manager awarded the contract to Emery Land Clearing on May 18, 2004.
A copy of the agreement is included as Attachment 1.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Ratify the contract with Emery Land Clearing in the amount of $88,150; or
2. Do not ratify the contract; or
3. Provide staff with alternative direction.
Respectfully submitted,
-i�✓L 4 �
Tom Hartung, Building and Safety Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Agreement
ATTACHMENT 1
SECTION 1300
AGREEMENT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred
to as "City," and Emery Landclearing and Grading, Inc., herein referred to as, "Contractor."
WITNESSETH•
In consideration of their mutual covenants, the parties hereto agree. as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for
Project No. 2000-19A, Demolition of Five Existing Homes at 46-115, 46-235, 46-305, 46-335, 46-395 Jefferson
Street, APN No's. 649-071-011, 649-071-015, 649-071-016, 649-071-017, 649-071-018 in the City of La Quinta,
California pursuant to the Invitation to Bid, dated 5/12/2004 , the project Specifications, and Contractor's Bid, dated
5/17/2004, all of which documents shall be considered a part hereof as though fully set herein.
Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids,
Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall
controlling, in that order of precedence. The, time frame for construction work shall be in accordance with that
specified in the Invitation to Bid.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are,
as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the City Engineer.
4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to
specified 30 consecutive calendar days completion time period.
have all work completed within the
5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the
or unit prices stated in the Contractors Bid, the base consideration EIGHTY
City Engineer at lump sums and/be subject to
EIGHT THOUSAND ONE HUNDRED FIFTY DOLLARS ($88.150conditions and procedurpayments es provided in the
approval by the City Engineer and shall be in accordance with the terms, P
Specifications.
6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages,
as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid,
to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a
penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such
workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor
Code of California).
7. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are
false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each
member thereof, and its officers, employees, commission members and representatives,
from any and all liability,
loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which
in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning
of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without
limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in
connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to,
personal injury (including death at any time) and damage to property (including, but without limitation, contract or
tort or, patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but
not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general
public).
Agreement
16,13
8. Except as otherwise required, Contractor shall concurrently with the execution of this contract,
furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications.
This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums
thereon $hall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days
unconditional written notice to the City and shall name the City as an additional insured. Contractor shali furnish
evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the
statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation
laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the
duration of this Contract shall constitute a material breach of this Contract.
9. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic
employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work
herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted
to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in
any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of
California.
10. . In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny
the right of any individual to seek, obtain and hold employment without discrimination because of race, religious
creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in
the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a
finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this
Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to
City $500.00 liquidated damages for each such breach committed under this contract.
11. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days
duration, that apprentices will be employed without discrimination in an approved program in a ratio established in
the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California).
Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months
in addition to other penalties provided by law.
12. This Contract shall not be assignable by Contractor without the written consent of City.
13. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed
completed.
14. In accepting this Contract, Contractor certifies that no member �or officer of the firm or corporation
is an officer or employee of the City except to the extent permitted by law.
15. Contractor certifies that it is the holder of any necessary California State Contractor's License and
authorized to undertake the above work.
16. The City, or its authorized auditors or representatives, shall have access to and the right to audit
and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all
money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly
entitled under the Contract or for other purposes relating to the Contract.
17. The Contractor shall maintain and preserve all such records for a period of at least three years after
termination of the contract.
18. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor
shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs
incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional
(out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.
19. The further terms, conditions, and covenants of the Contract are set forth in the Contract
Documents, each of which is by this reference made a part hereof.
Agreement
164
4
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.
Dated:
APPROVED AS TO FORM:
City Attorney
Dated:
Dated:
"CITY"
CITY OF LA QUINTA,
a California municipal corporation
By:..
Thomas P. Genovese, City Manager
Dated:
"CONTRACTOR"
By:
Name: ecI
J
Title:
Name:
Title:
"CONTRACTOR"
(If corporation, affix seal)
Agreement '
165
5
COUNCIL/RDA MEETING DATE: June 1, 2004
ITEM TITLE: Authorization for Overnight Travel for
the Community Services Director to Attend the
League of California Cities Community Services
Conference in Monterey, California, July 28-30, 2004
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: //
STUDY SESSION:
PUBLIC HEARING:
Approve authorization for overnight travel for the Community Services Director to
attend the League of California Cities Community Services Conference in Monterey,
California, July 28-30, 2004.
FISCAL IMPLICATIONS:
The costs associated with conference attendance for the Community Services
Director will be funded through the Community Services Administration Travel,
Training and Meetings Accounts #101-3001-451-51-01. The costs for this
conference will be contained within the FY 04/05 Preliminary Budget.
The estimated expenditures are as follows:
• Registration $ 395
Meals $ 200
• Lodging $ 600
Travel $ 450
TOTAL: $1645
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The annual conference of the League of California Cities Community Services
Conference gathers community service professionals from all areas of the State of
166
California to network and share information on issues of common interest. Staff
receives information on current federal, state and county policies, marketing
strategies and programming trends. Attachment 1 provides information regarding
the conference and topics to be discussed which are pertinent to the City of La
Quinta and the Community Services Department.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve authorization for overnight travel for the Community Services
Director to attend the League of California Cities Community Services
Conference in Monterey, California, July 28-30, 2004; or
2. Do not approve the authorization for overnight travel; or
3. Provide staff with alternative direction.
Respectfully submitted,
1A I Af*,
Dodie Horvi z, mmunity Services Director
Approved for submission by:
0004. Z4---Ov��
Thomas P. Genovese, City Manager
Attachment: 1. 2004 Community Services Conference Information
cz
1,67
ATTACHMENT 1
wliA Ed (0) 8 1 "y LIJ01 19 61
SERVICES CONFERENCE
Wednesday, July 28 - Friday, July 30, 2004
Monterey Conference Center, Monterey
You Will Want To Attend If You Are A...
Professional or elected official interested in planning and delivering community
services, including programs for
Recreation
Libraries
Youth
Parks
Seniors
Museum
Cultural Arts
You Will Benefit From This Program By...
-Learning how your Community Services Programs can gain greater
respect and resources in your city's work program
-Getting ideas on how to demonstrate your community services as vital
economic resources and assets to your city
-Making contacts that will enhance your knowledge and improve your
services to the public
-Gaining insights from the experiences of others that will help you make
your programs more effective
-Developing ideas and plans to make your community services programs
more inclusive
Three ways for Conference Registration:
-Register online at www.cacities.org/events
-Fill out and Fax us the Registration Form
-Mail us the Registration Form
C3
PRELIMINARY PROGRAM
Wednesday
July 28,
2004
Registration Open
I1: 00 a.m.
Opening General Session
THE FUTURE OF LOCAL COMMUNITIES I —CREATIVITY, COLLOBORATION AND
CONNECTIVITY
1: 00 p. m.
Join John Eger to learn how creativity throughout the community, collaboration to provide leadership, and
connectivity to ensure we have the new information infrastructures for the 21 st century can help cities reinvent
themselves for a new global, knowledge -based economy.
General Session
THE FUTURE OF LOCAL COMMUNITIES II
2: 30 p. m.
Emilyn Sheffield describes trends that will affect your city, and the opportunities that will be presented for
Community Services to lead your city successfully into the future. Find out about: Intergenerational
relationships, where is it going or is it? How will the retiring of the baby boomers effect the economy and the
leisure industry? How will transportation effect the inner-city? How will the younger generation be able to
afford housing?
INFORMAL DISCUSSION GROUPS
4: 00 p. m.
Join these informal discussions to share ideas on how you envision your city of the future and the implications.
Joint Reception with Mayors and Council Members
S: 30 — 8: 30 p.m.
Enjoy food and music at the unique historic Memory Gardens site and also visit the adjoining Maritime
Museum —two wonderful community prizes in Monterey.
Graceful stucco archways framed by multi colored roses and other flowers make Memory Gardens a
photographer's favorite. Stucco walls of the Pacific House and garden isolate this garden from the city creating
quiet and solitude. The fountain delights both children and adults.
The Maritime Museum of Monterey evokes the spirit of the explorers, conquerors and fishermen whose courage
shaped Monterey's and this nation's history. Located on Monterey's waterfront in the 18, 000-square front
Stanton Center, the museum explores the region's maritime heritage, from the Ohlone Indians and Spanish
conquistadors to Monterey's era as the Sardine Capital of the World
i Me
Thursday
July 29,
2004
Continental Breakfast
INFORMAL NETWORKING SESSION
8: 00 a.m.
Learn how you can succeed in your profession by getting involved and using the League's resources available
to you.
Concurrent Sessions
9:15 a.m.
THE FUTURE OF ARTS IN CITIES
Learn about the value of arts to cities, the types of arts activities that have been programmed by cities, and the
funding sources for these efforts.
ENHANCING REVENUES- HOW TO GET A PROPER SLICE OF THE PIE
This session will reveal different ways agencies use to offset the impact of cuts that may come from the state's
budget crisis. You will have an opportunity to examine real case studies from agencies that have successfully
raised new revenues for the operation of parks and/or significant new capital improvements.
General Session with Mayors and Council Members
10: 45 a.m.
PROMOTING PUBLIC CONFIDENCE BY GOOD DECISION MAKING ON CONTRACTS
City officials are stewards of the public treasury, making important spending decisions that affect the city's
provision of services and infrastructure for the public. How can city officials assure the public that the city is
using fair contracting practices that get the best value for the dollar? What should a city official do if family,
friends or campaign contributions want to bid on such contracts? What should they do if they suspect that
something might be amiss some aspect of the city's contracting practices? Come hear an interdisciplinary panel
grapple with these sometimes challenging issues.
General Luncheon With Mayors and Council Members
12:15 p.m.
THE LEAGUE AND KEY CITY ISSUES
What do you need to know regarding current legislation and other city issues? How will the November election
results potentially affect city revenue programs. What can you do to embrace the priorities of the League and
take action plans back to your city. .
General Session
2:15 P.M.
THE NEW CITY LIBRARY
It's time to rethink the public library. Nationally recognized library consultant and futurist Joan Frye Williams
will outline the trends that are shaping modern libraries, providing practical suggestions for how cities and
libraries can collaborate to realign library programs to match residents' needs and preferences; improve
customer service; take best advantage of the latest tools, techniques and technologies; and leverage existing
resources to add more value to their communities.
C 5 170
Concurrent Sessions
3: 45 P.M.
GANGS AND OUR KIDS
Find out how some cities use community services to keep children away from gangs and curb violence.
A REALTOR'S PERSPECTIVE —HOW DOES A FAMILY CHOOSE A HOME IN A CITY TO
LIVE IN?
Learn from experts what aspects of a city attract families —safety, open space, schools, shopping, community
character and services. What role do community resources and services play in increasing the value of homes in
a community?
General Reception with Mayors and Council Members
5: 00 p. m.
The League's Caucuses will provide an evening of good food, good company, and an opportunity to meet and
greet new friends as well as familiar faces. Each has a story to tell that may help you do your job better.
Friday
July 30, 2004
_.
Breakfast Concurrent Sessions
7: 45 a.m.
HEALTHY CITIES AND PARKS
Parks provide people with contact with nature, known to confer certain health benefits and enhance well-being.
Physical activity opportunities in parks can help increase fitness. Find out how some communities combat
childhood and adult obesity by building "healthy parks".
General Session
STUFF HAPPENS (AND THEN YOU FIX IT!)
9:15 A.M.
In the urban world "STUFF" always happens. With humor and style, John Alston motivates, inspires and
instructs, while infusing a spirit that encourages people to apply character, decency and common sense when
"Stuff Happens." John stresses accountability, personal performance, and a no -more -excuses approach for
dealing with changes, challenges, and contingencies in his powerful entertaining presentation.
Closing General Session
10: 45
IMPORTANCE OF STRATEGIC PLANS IN DEVELOPING A BALANCED COMMUNITY /
SMART GROWTH
Smart Growth is not only a vision of what we want the future to be, but also lays out a collaborative process in
the communities to create that future. Learn how to use community services to strengthen community vitality,
develop a balanced transportation system, keep a competitive edge economically, and safeguard the
environment.
Adjourn
12: 30 p. m.
171
ID
League of California Cities
2004 Community Services Conference
Wednesday, July 28 - Friday, July 30, 2004
Monterey Conference Center, Monterey
We invite you to register on-line by going to
www.cacities.ore/events
OR fill out this form completely and return it to the
League of California Cities
Please enter your name and title, as they should appear on
your name badge and registration. Please indicate
guest/spouse's name if attending (if guest/spouse is not a
public or city official). Please complete one form per
registrant. Confirmations will be mailed to the address
designated below.
Name Title
Address where confirmation is to be mailed
City Zip Code
Telephone Fax
Your Email address will be used to confirm your registration. The
League can also send you educational and conference material in
the future.
Email for registrant
Spouse /Guest Name
If you require special accommodations related to
facility access, communication and/or diet, please
contact our Conference Registrar at (916) 658-8291.
Payment Information:
Please note, the League is unable to accept purchase orders,
American Express or Discover cards at this time. If paying
by credit card please fax your registration form to (916) 658-
8220. If paying by check or money order, please mail to:
League of California Cities
1400 K Street
Sacramento, California 95814
Full Conference
City Officials @ $395.00
All Others @ $495.00
Total $
One Day Only
Please indicate which day you will be attending:
❑ Wednesday ❑ Thursday ❑ Friday
City Officials @ $240.00
All Others @ $290.00
Total $
Credit Card Payment Only
❑ MasterCard ❑Personal Check
❑Visa ❑City Check
Cardholder Name
Credit Card Number Expiration Date
Authorized Signature
NOTE: All cancellations must be submitted in writing and
are subject to a $50 processing fee. No refunds will be given
for cancellation requests received after Friday, July 23,
2004. Substitutions can be made even on site.
Registration Forms Must Be Postmarked or Faxed By Friday, July 9, 2004
1
HOTEL RESERVATION FORM
League of California Cities
2004 Community Services Conference
Wednesday, July 28 - Friday, July 30, 2004
Monterey Conference Center, Monterey
Please DO NOT return this form to the League of California Cities
We invite you to reserve your room by going to our website Deposit Information:
www.cacities.ore/events The hotel requires a deposit in the amount of the first
night room rate. Housing forms received without a valid
OR fill out this form completely and mail or fax it to the credit card or check deposit will be returned and will not
Monterey Housing Bureau at (831) 648-5373. be processed. (No cash deposits accepted.)
Please make copies of this form if additional rooms are
to be reserved. If faxing this form, please do not mail a
duplicate copy. Phone reservations will not be accepted.
Name
Title
Mailing Address
City
Zip Code
Telephone Fax
) (
)
Email
Arrival Date and Time
CAM GPM
Departure Date and Time
❑AM ❑pM
Room Preferences:
❑ I will share a room with:
❑ Nonsmoking room
❑ Handicapped access
❑ Single -King
❑ Double - 1 Bed
❑ Double - 2 Beds
There are no guarantees on room type, although the hotel will do
everything possible to accommodate your request. Room assignments
are based on a first -come, first -served basis
Please make checks payable to:
MCCV-Housing
PO Box 1770
Monterey, California 93942
Deposits by credit card, require the following information:
Cardholder Name
Credit Card Number Expiration Date
Authorized Signature
Please check the hotel of your choice:
DoubleTree Hotel
$169.00 single/double (plus 10.05% hotel tax)
Marriott Hotel
$166.00 single/double (plus 10.00% hotel tax)
Merritt House
$169.00 single/double (plus 10.00% hotel tax)
Confirmation:
If you do not receive a confirmation via e-mail, fax or mail
within 14 days after any transaction, please contact the
Monterey Housing Bureau at (831) 657-6419.
Cancellation:
If you cancel or don't keep your reservation after
Tuesday, July 6 2004, you will be charged for
one night.
FAX completed reservation form to MONTEREY HOUSING BUREAU at (831) 648-5373
Reservations Must Be Received no Later Than Friday, June 25, 2004
173
WAS
Registration Registrations postmarked by Friday, July 9 2004, will receive
■ Program materials
■ Two continental breakfasts
■ Wednesday dinner reception --with the Mayors and Council Members at the Memory
Gardens
■ Thursday lunch and networking/cocktail reception --with the Mayors and Council
Members
■ a $25 discount coupon to be used at the CityBooks bookstore.
CityBooks can help increase your leadership skills and professional knowledge in vital areas. Don't miss
this great way to expand and share your learning with colleagues at city hall! Full payment must
accompany the registration form. Check, money order, Visa or MasterCard are accepted. The League is
unable to accept purchase orders, American Express or Discover cards. If paying by credit card please fax
your registration form to (916) 658-8220 or register online at www.cacities.or�/events. If you have
questions, please contact Conference Registration at (916) 658-8291.
Special Accommodations ® If you require special accommodations related to facility access, communication and/or diet,
please contact Conference Registration at (916) 658-8291.
Guest/Spouses There is no registration fee to attend the 2004 Community Services Conference sessions for
guest/spouses who are not city or other public officials or vendors to cities. Guest/spouses of
registered attendees may purchase meal or special event tickets for an additional fee at the
registration desk. For information on local events within the city, please contact the hotel
concierge desk or visit www.gomonteM.org.
Airlines We invite you to visit www.cacities.org/travel for the new Enhanced Local Government Airfare
Program.
Directions From Northern California: Take Highway 101 South to Highway 156 West to Highway 1
South Exit at Pacific Grove/Del Monte Avenue. Continue down Del Monte Avenue for 1.5
miles, staying in the left lane. Stay to the left past the fork following downtown signs (not going
through the tunnel). The convention center is 2 blocks up on the right side in Portola Plaza
(Right turn off Del Monte Blvd.).
From Southern California: Monterey Peninsula Exit, which will bring you to Highway 68.
Travel on Highway 68 to Highway 1 South. Take the first Monterey exit. Turn right at the first
stop light (Camino Aguajito) and continue until it dead -ends. Turn left on Del Monte Avenue
and stay to the left past the fork following downtown signs (not going through the tunnel). The
convention center is 2 blocks up on the right side in Portola Plaza (Right turn off Del Monte
Blvd.).
Hotels Doubletree Hotel
2 Portola Plaza
Monterey, CA 93940
(831) 649-4511
$169.00 single/double
Valet parking $15/day, self -parking $13/day
www.doubletreemonterg.com
Merritt House
386 Pacific Street
Monterey, CA 93940
(831) 646-9686
$169 single/double
Parking $10/day
www.merithouse.com
Monterey Marriott Hotel
350 Calle Principal
Monterey, CA 93940
(831) 649-4234
$166.00 single/double
Valet parking $15/day, nearby self -parking $5/day
www.marriott.com
°QumW
5
t• � �Ml'f1.Mf1A7SD�
OF 'T9
COUNCIL/RDA MEETING DATE: June 1, 2004
ITEM TITLE: Consideration of Adoption of a Resolution
of the City Council Approving Street Name Change
2003-015, to Change the Name of Beth Circle to
Norris Drive. Applicant: La Quinta Polo Partners
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council approving Street Name Change 2003-015.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Site Background
The street in question is adjacent to the south boundary of Tract 30378, which was
approved in June of 2002, and is being graded. Although the name Beth Circle has
existed for a number of years at this location, the street has not been constructed.
This street will provide access to Tract 30378 as well as access to the vacant
property to the south when it develops.
Applicable Code Provisions
The Municipal Code permits an applicant to request a street name change. The
request requires a public hearing before the Planning Commission with final approval
by the City Council. The written concurrence of at least 60% of the affected property
owners along the street in question is also required. The applicant and property owner
to the south have given written approval to the proposed name change. These are the
1'75
S:\CityMgr\STAFF REPORTS ONLY\B 5 SNC.doc
only property owners that abut the street in question. This street name change
complies with all applicable Municipal Code requirements.
Request
The applicant has submitted a request to change the existing name of Beth Circle to
Norris Drive. No specific reason for the name change has been given.
Planning Commission Review
The Planning Commission reviewed this request at its meeting of April 27, 2004 and
without discussion adopted Resolution 2004-028, recommending approval of the
street name change, subject to Conditions of Approval (Attachment 2).
Environmental Consideration
This street name change has been determined to be exempt from California
Environmental Quality Act requirements under the provisions of Section 15301, Class
One. Therefore, no further environmental review is deemed necessary.
FINDINGS AND ALTERNATIVES:
The findings to approve the street name change can be made as noted in the attached
Resolution.
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council approving the street name change; or
2. Do not adopt a Resolution of the City Council approving the street name
change; or
3. Provide staff with alternative direction.
Respectfully submitted,
Jer y Herrdan
Cotnmunity Development Director
02
S:\CityMgr\STAFF REPORTS ONLY\B 5 SNC.doc 176
Approved for submission by:
homas P. Genovese, City Manager
Attachments: 1. Location Map
2. Planning Commission minutes for the meeting of April 27,
2004
03
S;\CityMgr\STAFF REPORTS ONLY\B 5 SNC.doc
17
RESOLUTION 2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING A STREET NAME
CHANGE FROM BETH CIRCLE TO NORRIS DRIVE
CASE NO.: STREET NAME CHANGE 2003-015
APPLICANT: LA QUINTA POLO PARTNERS
WHEREAS, the City Council of the City of La Quinta, California, did on
the 1" day of June, 2004, consider a street name change as requested by La Quinta
Polo Partners; and
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 27", day of April, 2004 unanimously recommended approval of Street
Name Change 2003-015 by adoption of Resolution 2004-028; and
WHEREAS, said street name change has complied with the requirements
of "The Rules to Implement the California Environmental Quality Act of 1970" as
amended by Resolution 83-68, in that the Community Development Department has
determined that the proposed street name change is categorically exempted pursuant
to Section 15301(Class 1) of the guidelines and no further review is deemed
necessary; and
WHEREAS, upon hearing and considering all testimony and arguments, if
any of all interested persons desiring to be heard, said City Council did find the
following facts, findings, and reasons to justify approval of Street Name Change 2003-
015:
1. The change would not detrimentally affect owners and tenants along the
affected street since all of the affected properties are owned by the applicant
and the adjacent owner to the south who has given his approval to the change.
2. More than 60% of the affected property owners have agreed to the street
name change as required by Municipal Code Section 14.08.020.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
1. The above recitations are true and correct and constitute the findings of the City
Council in this case;
2. The City Council does hereby approve Street Name Change 2003-015 per the
attached Conditions of Approval and Exhibit A;
178
P:\stan\snc 2003-015 cc res.doc
Resolution 2004-
Street Name Change 2003-015
La Quinta Polo Partners
Adopted:
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council held on this 1 " day of June, 2004, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, CMC, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, _California
P:\stan\snc 2003-015 cc res.doc
'P79
CASE No.
SNC 2003-015
LA QUINTA POLO PARTNERS
NORTH
SCALE:
NTS
RESOLUTION 2004-
CONDITIONS OF APPROVAL - RECOMMENDED
STREET NAME CHANGE 2003-015
LA QUINTA POLO PARTNERS
ADOPTED. -
GENERAL
1. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta
in the event of any legal claim or litigation arising out of the City's approval of
this project. The City of La Quinta shall have the right to select its defense
counsel in its sole discretion.
The City shall promptly notify the subdivider of any claim, action or proceeding
and shall cooperate fully in the defense.
2. All applicable conditions of Tentative Tract 30378 shall be met.
3. Prior to the installation of the street sign, the applicant shall obtain clearance
from the following public agencies:
• Fire Marshal
• Public Works Department
• Sheriffs Department
• Building and Safety Department
P:\stan\snc 2003-015 pc coa.doc
181
CASE MAP
CASE No.
SNC 2003-015
LA QUINTA POLO PARTNERS
I�
I
NORTH]
SCALE:
NTS
I rQ 8
84
Planning Commission Minutes
April 27 2004
1. Vice Chairm/Abeenn the public hearing and asked for the
staff report.that the item be continued to May 11,
2004, to alloant time to submit the materials needed
for the Comview. It was moved and seconded by
Commissioniels to continue Site Development Permit
2004-806 t, 2004, as requested. Unanimously
approved.
--- ^ B. 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 area west of Madison Street, south of Avenue 51
1. Vice Chairman Abels opened the public hearing and asked for the
staff report. Commissioner Tyler stated the Commission reviewed
this request at their meeting of January 27, and he requests the
staff report be waived.
2. There being no questions of staff and no other public comment,
Vice Chairman Abels closed the public participation portion.
3. It was moved and seconded by Commissioners Tyler/Daniels to
adopt Planning Commission Resolution 2004-028, approving
Street Name Change 2003-015, as recommended
ROLL CALL: AYES: Commissioners Daniels, Quill, Tyler, and Vice
Chairman Abels. NOES: None. ABSENT: Chairman Kirk.
ABSTAIN: None.
C. Site DevelopmVnt Permit 2004-803; a request_ of ND La Quinta Partners,
LLC for consid ation of architectural and landscape plans for three
residential bungal\AbIs
s for the property located on the south side
of Hideaway Clubin The Hideaway.
1. Vice Chairened the public hearing and asked for the
staff repornity Development Director Jerry Herman
presented ton contained in the report a copy of which
is on file in ity Development Department.
2. Vice Chairman Abels aske\permitt
were any questions of staff.
Commissioner Tyler askege 3 of the staff report be
corrected to state, "...CVter efficiency requirement,
ensuring ... Page 8 Conde understood air conditioning
compressor pads were notin the sideyard. Staff stated
G:\wPDOCS\PC Minutes\4-27-04.130C
3
JUN-01-2004 TUE 01:39 PM DISC
27607760076 P.002/002
SNc- o3-o�S
ROD VANDENBOS
74-785 Highway 111, Suite 100
Indian Wells, CA. 92210
June 1, 2004
�.P' QU Il yT
�RECEIVED�
n -
O �tUN 1 2M4
Z, Z
-*41.�:
Mx, Stan Sawa
City of La Quanta
Planning Department
78-495 Calle Tampico
La Quinta, CA 92253
Re Street Name Change
Mr. Sawa:
Thank you for your telephone call. I apologize you did not receive the letter from our
engineer. We are requesting that you keep the name ebange on "Bold". We will be
submitting a different name in a few days.
Thank o uch,
o andenbos
184
T4ht 4 aCP Qu&r1ru
COUNCIL/RDA MEETING DATE: June 1, 2004
ITEM TITLE: Consideration of a Resolution Approving
the Preliminary Engineer's Report for Landscape and
Lighting Assessment District 89-1, Fiscal Year
2004/2005, and a Resolution Declaring Intent to Levy
Annual Assessments for Landscape and Lighting
Assessment District 89-1, and Giving Notice Thereof
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: � .+
CONSENT CI ALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council approving the Preliminary Engineer's Report for
Landscape and Lighting Assessment District 89-1 ("District"), Fiscal Year 2004/2005;
and
Adopt a Resolution of the City Council declaring intention to levy annual assessments
for maintenance and servicing landscape and lighting improvements within the
boundaries of the territory included in the Citywide Landscape and Lighting
Assessment District 89-1, and giving notice thereof.
FISCAL IMPLICATIONS:
Adoption of the Resolutions is required in order to levy the annual assessment for the
District. The estimated total assessment for Fiscal Year 2004/2005 is $828,783 for
maintenance of public streets, traffic signals, medians, and parkways. Pursuant to the
Study Session on May 4, 2004, park maintenance costs have been separated from the
District costs to be considered for alternate funding sources in the future.
CHARTER CITY IMPLICATIONS:
None.
185
BACKGROUND AND OVERVIEW:
In 1989, the City Council formed a Citywide Landscape and Lighting Assessment
District to fund costs associated with the maintenance, construction and servicing of
landscape areas, street lights and traffic signals. Pursuant to the Landscape and
Lighting Act of 1972, the City must annually perform a series of activities associated
with the District, as outlined in Attachment 1.
An Annual Engineer's Report is required by the Landscape and Lighting Act of 1972
and must include the following information:
1. A description of the services to be provided throughout the District;
2. Total costs necessary to provide all services described in the Engineer's Report;
3. A diagram showing the boundaries of the District, including special benefit zones;
and
4. An assessment schedule.
The Preliminary Engineer's Report, prepared by City staff and MuniFinancial with parcel
reconciliation support by MuniFinancial, provides the required information for the
District for Fiscal Year 2004/2005.
The Preliminary Engineer's Report projects the following for Fiscal Year 2004/2005 in
comparison to the Fiscal Year 2003/2004 Engineer's Report:
FY 2003/2004
FY 2004/200-5
Citywide Benefit Zone Yes Yes
Number of Local Benefit Zones 6 6
Number of Equivalent Dwelling Units (EDU's) 22,721 23,280
EDU Rate $35.60/EDU $35.60/EDU
District Revenue $808,859 $828,783
These calculations will be finalized for the Final Engineer's Report in order to provide
the most accurate assessment possible. In accordance with previous City Council
direction, all residents, including those within the six (6) local benefit zones, will be
assessed at a flat rate. The methodology has remained the same under the provisions
of Proposition 218.
At this time, the estimated Fiscal Year 2004/2005 District exempt cost is
$1,332,018. Based on this estimate, the citywide benefit assessment would be
$57.22/EDU. The current assessment is $35.60. Proposition 218 does not allow for
assessment increases unless approved in a public vote. City staff will monitor the
progress of existing and future legislation clarifications and/or litigation to determine if
a different methodology or other finance methods may be utilized in the subsequent
fiscal years.
2
186
To proceed with the District, the City Council is required to approve the preliminary
Engineer's Report and schedule a Public Meeting and Public Hearing date to allow
affected property owners an opportunity to provide public testimony regarding the
proposed changes. Approval of the Preliminary Engineer's Report does not obligate
the City to the fees proposed. Only after the Public Meeting and Public Hearing are
conducted, can the City Council adopt assessment fees for Fiscal Year 2004V2005.
The Public Meeting and Public Hearing are scheduled for the June 15, 2004 City
Council Meeting. Upon conclusion of the Public Hearing, the City Council may approve
the assessment levels based upon testimony received at the Public Meeting and
Hearing.
The Landscape and Lighting Act of 1972 allows the option of noticing the Public
Meeting/Hearings for citywide districts through the newspaper or by individual notices.
The estimated cost to provide individual notices is approximately $5,000. For the
Fiscal Year 2003/2004, the City Council opted to notice the Public Meeting and
Hearing in the newspaper, thus avoiding the $5,000 in estimated costs. The cost to
notice in the newspaper is approximately $250. Attachment 2 is the proposed notice.
To proceed with the recommended changes proposed in the preliminary Engineer's
Report for the District, the City Council must:
Adopt a resolution approving the Preliminary Engineer's Report for Landscape
and Lighting Assessment District 89-1, Fiscal Year 2004/2005; and
Adopt a resolution declaring intention to levy annual assessments for
construction, maintenance and servicing landscape and lighting improvements
within the boundaries of the territory included in the Citywide Landscape and
Lighting Assessment District 89-1, and giving notice thereof.
A Public Meeting and Hearing will be scheduled to allow public testimony before the
City Council. The Public Meeting and Hearing dates will be noticed through the
newspaper unless otherwise directed by the City Council. Upon conclusion of the
Public Hearing, the City Council may adjust the assessment levels as necessary and
adopt a resolution confirming the assessment diagram and assessment level.
S:\CityMgr\STAFF REPORTS ONLY\6-1-04\B 2 L L 89 1.doc 3 187
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council approving the Preliminary Engineer's
Report for Landscape and Lighting Assessment District 89-1, Fiscal Year
2004/2005; and
Adopt a Resolution of the City Council declaring intention to levy annual
assessments for maintenance and servicing landscape and lighting
improvements within the boundaries of the territory included in the Citywide
Landscape and Lighting Assessment District 89-1, and giving notice thereof; or
2. Reject the Preliminary Engineer's Report and provide staff with possible
revisions to the report for future consideration; or
3. Provide staff with alternative direction.
Respectfully submitted,
(Jizm�6
othy F . o n a s n, P. E.
Public Works Director/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Annual Activities
2. Notice of Public Meeting
3. Preliminary Engineer's Report
S:\CityMgr\STAFF REPORTS ONLY\6-1-04\B 2 L L 89 1.doc 4
188
RESOLUTION NO. 2004-(Clerk's Office will enter)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING
THE PRELIMINARY ENGINEER'S REPORT FOR
FISCAL YEAR 2004/2005 IN CONNECTION WITH
LA QUINTA LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT 89-1
WHEREAS, the City Council, pursuant to the provisions of Part 2 of
Division 15 of the California Streets and Highways Code, did on May 18,
2004, order the City Engineer, Timothy R. Jonasson, P.E., to prepare and file
a report in accordance with Article 4 of Chapter 1 and Part 2, Division 15 of
the California Streets and Highways Code, commencing with Section 22565,
for the Fiscal Year commencing July 1, 2004 and ending June 30, 2005, in
connection with Landscape and Lighting Assessment District 89-1; and
WHEREAS, the City Engineer has prepared and filed with the City
Clerk of the City of La Quinta and the City Clerk has presented the City
Council such report entitled "La Quinta Landscape and Lighting Assessment
District 89-1, Preliminary Engineer's Report" (the "Report"); and
WHEREAS, the City Council has carefully examined and reviewed such
Report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
SECTION 1. The Report, as filed, is hereby approved.
PASSED, APPROVED and ADOPTED at a regular meeting of the
La Quinta City Council held on this 1st day of June, 2004, by the following
vote to wit:
AYES:Council Members (Clerk's Office will enter)
NOES: None
ABSENT: None
ABSTAIN: None
5 189
Resolution No. 2004-
Landscape and Lighting Assessment District No. 89-1
Adopted: June 1, 2004
Page 2
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
6 1,90
RESOLUTION NO. 2004-(Clerk's Office will enter)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION
TO LEVY THE ANNUAL ASSESSMENTS FOR
CONSTRUCTION, MAINTENANCE, AND SERVICING
LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN
THE BOUNDARIES OF THE TERRITORY INCLUDED IN
THE CITYWIDE LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT 89-1 AND TO LEVY AND
COLLECT ASSESSMENTS PURSUANT TO THE
LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING
NOTICE THEREOF
WHEREAS, the City Council, by its Resolution No. 89-9, initiated
proceedings pursuant to provisions of the Landscape and Lighting Act of
1972, being Part 2 of Division 15 of the California Streets and Highways
Code, commencing with Section 22500 (hereinafter referred to as "the
Act"), for the formation of a Landscape and Lighting Assessment District
designated "La Quinta Landscape and Lighting Assessment District 89-1,"
shall include all of the territory located within the boundaries of the City; and
WHEREAS, the City Council desires to levy and collect assessments
within Landscape and Lighting Assessment District 89-1 for the Fiscal Year
commencing July 1, 2004 and ending June 30, 2005 to pay the costs and
expenses of constructing, operating, maintaining, and servicing landscaping,
lighting and appurtenant facilities located within public places in the City;
and
WHEREAS, the Engineer selected by the City Council has prepared and
filed with the City Clerk of the City of La Quinta and the City Clerk has
presented to the City Council a report in connection with the Landscape and
Lighting Assessment District 89-1 and the City Council did by previous
Resolution approve such report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
SECTION 1. The City Council has previously formed Landscape and
Lighting Assessment District 89-1 pursuant to the provisions of the
Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the
California Streets and Highways Code, commencing with Section 225500
(hereinafter referred to as "the Act").
7
191
Resolution No. 2004-
Landscape and Lighting Assessment District 89-1
Adopted: June 1, 2004
Page 2
SECTION 2. The City Council hereby finds that the maintenance and
operation of projects identified in the Preliminary Engineer's report for
Landscape and Lighting Assessment District 89-1 consisting solely of
exempt items of sidewalks, streets, sewers, water, flood control, and/or
drainage pursuant to Article 13D Section 5(a) of the California Constitution,
that the public interest requires the maintenance of the improvements, and
declares its intention to levy and collect assessments for the fiscal year
commencing July 1, 2004 and ending June 30, 2005 to pay for the costs
and expenses of the improvements described in Section 4 hereof.
SECTION 3. The territory included within the boundaries of the
Assessment District includes all of the land included within the boundaries of
the City.
SECTION 4. Reference is hereby made to the report of the Engineer
on file with the City Clerk of the City of La Quinta for a full and fair
description of the improvements, the boundaries of the Assessment District
and any zones therein and the proposed assessments upon assessable lots
and parcels of land within the Assessment District.
SECTION 5. Notice is hereby given that the 15th of June 2004, 7:00
p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta,
California, 92253, is the time and place fixed for a public meeting by the
City Council to allow public testimony regarding the proposed increased
assessment.
SECTION 6. Notice is hereby given that the 15" day of June 2004,
7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta,
California, 92253, is the time and place fixed for a Public Hearing by the City
Council on the question of the levy of the proposed assessment for
Landscape and Lighting Assessment District 89-1. Any interested person
may file a written protest with the City Clerk prior to the conclusion of the
hearing, or, withdrawal of the protest. A written protest shall state all
grounds of objections and a protest by a property owner shall contain a
description sufficient to identify the property owned by such property owner.
At the hearing, all interested persons shall be afforded the opportunity to
hear and be heard.
SECTION 7. The City Clerk is hereby authorized and directed to give
notice of such hearings as provided in the Act.
SECTION 8. The City Council hereby designates the Desert Sun as
the newspaper in which notice of the Public Hearing shall be published.
8
19,r
Resolution No. 2004-
Landscape and Lighting Assessment District 89-1
Adopted: June 1, 2004
Page 3
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta City Council held on this 1' day of June, 2004, by the following vote
to wit:
AYES:Council Members (Clerk's Office will enter)
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
9 193
ATTACHMENT 1
ANNUAL ACTIVITIES
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT
Adopt the following Resolutions:
1. Directing preparation of the annual Engineer's Report (completed May 18,
2004)
2. Approving Preliminary Engineer's Report (June 1, 2004)
3. Intention to levy annual assessment and notice of Public Meeting/Hearing
(June 1, 2004)
4. Conduct a Public Meeting to allow testimony regarding the proposed
assessments prior to Public Hearing, (June 15, 2004)
5. Conduct 'a Public Hearing to allow written protests of the proposed
assessment to be considered by the City Council prior to adoption of the
final assessments (June 15, 2004)
194
10
ATTACHMENT 2
NOTICE OF PUBLIC MEETING AND HEARING BY THE CITY OF LA QUINTA
LA QUINTA CITY COUNCIL CHAMBERS
78-495 CALLE TAMPICO
PUBLIC HEARING/MEETING: June 15, 2004 TIME: 7:00 p.m.
TO CONSIDER: The Fiscal Year 2004/2005 Annual Assessment for Landscape
and Lighting Assessment District 89-1.
Maintenance of ' landscape improvements in roadways and drainage facilities is a
very important service in our community. Landscaping, if well maintained, provides
beautification and enhancement to the surroundings, along with a positive effect on
property values. Adequate street lighting and traffic signals are considered
imperative for their contribution to public convenience and safety.
At the Public Meeting, City staff will present the proposed assessment levy and will
accept questions thereon. At the Public Hearing, the City Council will hear
comments in support of and protests against the annual levy prior to acting on the
levy of assessments for Fiscal Year 2004/2005. Any property owner may mail a
protest against the assessment to the City of La Quinta, Timothy R. Jonasson,
Public Works Director/City Engineer, P.O. Box 1504, 78-495 Calle Tampico, La
Quinta, CA 92253.
The Landscaping and Lighting Assessment District 89-1 is divided into zones based
on the level of benefit. Citywide Benefits enhance the value of all properties within
the District, and include the maintenance of medians, traffic signals and safety
lighting in areas zoned commercial, on major thoroughfares, including all roadways
that may be four lanes and greater, retention basins, bike trails and sidewalks. The
costs of the City to administer these facilities are also considered a citywide
benefit.
Local Benefits include the operation, servicing and maintenance of the facilities
serving only properties within localized areas, including maintenance of medians,
back up landscaping, traffic signals and safety lighting on localized streets, which
include all roadways that are two lanes. The facilities proposed to be maintained
include local landscaping at La Quinta Highlands, Rancho Ocotillo, Cactus Flower,
Acacia Homes, La Quinta del Oro and Topaz. The costs of the City to administer
these facilities are also considered a local benefit.
11 195
The assessment rates for Fiscal Year 2004/2005 are based upon Equivalent
Dwelling Units (EDU's). The subdivided single-family residential lots less than one
acre in size have been selected as the basic unit for calculation of the benefit
assessments.
All single-family residential parcels less than one acre in size are assigned 1.00
EDU. In determining the EDU's for improved nonresidential properties and
residential properties larger than one acre, parcels are assigned 5.00 EDU per acre,
based on the average number of typical single-family residential lots per acre.
Rural/Estate Residential is defined as "underdeveloped residential." This describes
land zoned as residential which is greater than 1 acre in size, but has -one
residential unit. The first acre will be considered as one equivalent dwelling unit
with a rate applied of 0.33 EDU's for each acre or portion thereof above and
beyond the initial acre.
Golf courses are assessed at the rate of 10% of developed nonresidential
properties, or 0.50 EDU per acre with a minimum of 1.00 EDU per parcel.
Properties with agricultural classifications are assessed at the rate of 5% of
developed nonresidential properties or 0.25 EDU per acre with a minimum of 1.00
EDU per parcel. Parcels of land located in areas zoned Hillside Conservation will be
assessed on the basis of allowable development, or 0.10 EDU per acre.
Vacant property is assessed at the rate of 33 % of developed property. Vacant
residential parcels (single-family residential parcels less than one acre in size which
do not have structures on them) are assigned 0.33 EDU per parcel. Vacant
nonresidential parcels (parcels which are not single-family residential parcels, and
which do not have structures on them) are assessed based on their parcel size.
Vacant nonresidential parcels in Annexation Area No. 9 will be assessed at a rate
of 50% of those parcels located outside Annexation Area No. 9.
The annual assessments generated by the existing 1972 Act City of La Quinta
Landscaping and Lighting District will fund the cost of providing installation,
servicing, maintenance, and operation of landscaping, lighting and appurtenant
facilities within the City of La Quinta that are exempt under provisions of
Proposition 218 voted in by the California residents during the November 1996
election.
FOR ADDITIONAL INFORMATION, CONTACT MR. TIMOTHY R. JONASSON, P.E.,
PUBLIC WORKS DIRECTOR/CITY ENGINEER AT (760) 777-7042.
12 196
ATTACHMENT 3
CITY OF LA QUINTA
ENGINEER'S ANNUAL LEVY
LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT 89-1
FISCAL YEAR 200412005
INTENT MEETING: June 1, 2004
PUBLIC HEARING:
Corporate Office
27368 Via Industria
Suite 110
Temecula, CA 92590
Tel: (909) 587-3500
Tel: (800) 755-NILM (6864)
Fax: (909) 587-3510
Office Locations
Anaheim, CA
Jacksonville, FL
Lancaster, CA
Los Angeles Regional Office
Oakland, CA
www.muni.com
Pensacola, FL
Phoenix, AZ
Sacramento, CA
Seattle, WA
13 197
ENGINEER'S REPORT AFFIDAVIT
Establishment of Annual Assessments for the:
City of La Quinta
Landscape and Lighting Assessment District 89-1
Riverside County, State of California
This Report and the enclosed diagrams show the exterior boundaries of the District as they existed at
the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside
County Assessor's maps for a detailed description of the lines and dimensions of parcels within the
District. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this
day of 102004.
MuniFinancial
Assessment Engineer
On Behalf of the City of La Quinta
Chris Fisher, Project Manager
District Administration Services
Richard Kopecky
R. C. E. # 16742
14 198,.*.
ENGINEER'S REPORT
CITY OF LA QUINTA
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1
I HEREBY CERTIFY that the enclosed Engineer's report, together with Assessment Roll thereto
attached was filed with me on the day of , 2004.
M
June S. Greek, City Clerk
City of La Quinta
Riverside County, California
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto
attached, was approved and confirmed by the City Council of the City of La Quinta, California, on
the day of , 2004.
M
June S. Greek, City Clerk
City of La Quinta
Riverside County, California
I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor of the
County of Riverside, on the day of , 2004.
M
June S. Greek, City Clerk
City of La Quints
Riverside County, California
15 _ ��
TABLE OF CONTENTS
I. OVERVIEW............................................................................................................................... I
A. INTRODUCTION..................................................................................................................................... l
B. HISTORICAL BACKGROUND AND LEGISLATION .... :.................................................................................. 1
II. DESCRIPTION OF THE DISTRICT.............................................................3
A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT............................................................ 3
B. IMPROVEMENTS WMEN THE DISTRICT.................................................................................................. 3
III. METHOD OF APPORTIONMENT.................................................................4
A. GENERAL............................................................................................................................................. 4
B. BENEFIT ANALYSIS............................................................................................................................... 4
C. METHODOLOGY.................................................................................................................................... 5
IV. DISTRICT BUDGET.....................................................................................................9
A. DESCRIPTION OF BUDGET ITEMS........................................................................................................... 9
B. DISTRICT BUDGET..................._........................................................................................................... 10
APPENDIX A DISTRICT ASSESSMENT DIAGRAMS...................12
APPENDIX B- 2004/2005 COLLECTION ROLL.......................................13
16 200
City of La Quints
Fiscal Year 2004/2005 Engineer's Report
Landscape and Lighting Assessment District 89-1
I. Overview
A.
0
Introduction
The City of La Quinta ("City'), annually levies and collects special assessments in order to
provide and maintain the facilities, improvements and services within Landscape and Lighting
Assessment District 894 C`District'. The District was formed in 1989 pursuant to the
Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code
("Act") and authorizes the Agency to annually levy and collect assessments to maintain the
services and improvements related thereto.
This Engineer's Annual Levy Report ("Report') describes the District, any changes to the
District, and the proposed assessments for Fiscal Year 2004/2005. The proposed assessments
are based on the estimated cost to maintain improvements that provide special benefit to
properties assessed within the District. The various improvements within the District and the
costs of those improvements are identified and budgeted separately, including expenditures,
deficits, surpluses, revenues, and reserves. Each parcel within the District is assessed
proportionately for those improvements provided by the District and from which the parcel
receives special benefit.
The word "parcel," for the purposes of this Report, refers to an individual property assigned its
own Assessor Parcel Number C APN") by the Riverside County Assessor's Office. The
Riverside County Auditor/Controller uses Assessor Parcel Numbers and specific fund numbers
on the tax roll to identify properties assessed for special district benefit assessments.
Following consideration of public comments and written protests at a noticed public hearing,
and review of the Engineer's Annual Levy Report, the City Council may order amendments to
the Report or confirm the Report as submitted. Following final approval of the Report, and
confirmation of the assessments, the Council may order the levy and collection of assessments
for Fiscal Year 2004/2005 pursuant to the 1972 Act. In such case, the assessment information
will be submitted to the County Auditor/ Controller, and included on the property tax roll for
each benefiting parcel for Fiscal Year 2004/2005. '
Historical Background and Legislation
The assessments for the District provide a special benefit to the parcels assessed and the City
utilizes General Fund Revenues to fund improvements and services that are considered general
benefit.
This District was formed pursuant to the 1972 Act, which permits the establishment of
assessment districts by cities for the purpose of providing for the maintenance of certain public
improvements, which include the facilities existing within the District, as those improvements
provide a special benefit to parcels.
17 201
City of La Quinta
Fiscal Year 2004/2005 Engineer's Report
Landscape and Lighting Assessment District 89-1
The City Council reviews the current and projected years costs for the construction, operation,
maintenance, and servicing of the District facilities and sets the assessment for the ensuing fiscal
year, which runs between July 1 and June 30.
This Report is prepared for the levy and collection of annual assessments for the District for
Fiscal Year 2004/2005 and is submitted to the Clerk of the City for filing in the office of the
City Clerk where it shall remain open for public inspection.
202
18
City of La Quinta
Fiscal Year 2004/2005 Engineer's Report
Landscape and Lighting Assessment District 89-1
II.
0
Description of the District
District Boundaries and Specific Areas of Improvement
The boundaries of the District are coterminous with the boundaries of the City of La Quinta.
The Diagram of the District showing the exterior boundaries has been submitted to the City
Clerk at the City of La Quinta and is included by reference.
Improvements within the District
The District improvements are the operation, servicing and maintenance of landscaping, lighting
and appurtenant facilities, including but not limited to: personnel, electrical energy, water,
materials, contracting services, and other items necessary for the satisfactory operation of these
services described as follows:
Landscaping and Appurtenant Facilities include but are not limited to landscaping,
planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance
and appurtenant facilities, located within the public street rights -of -way, parkways,
medians, trails, and dedicated street, drainage or sidewalk easements within the
boundary of the District.
Lighting and Appurtenant Facilities include but are not limited to poles, fixtures,
bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering
devices, controllers and appurtenant facilities as required to provide safety lighting and
traffic signals within public street rights -of -way and easements within the boundaries of
the District.
Maintenance is defined as the furnishing of services and materials for the operation
and usual maintenance, operation and servicing of the landscaping, public lighting
facilities and appurtenant facilities, including repair, removal or -replacement of all or
part of any of the landscaping, public lighting facilities, or appurtenant facilities;
providing for the life, growth, health and beauty of the landscaping, including
cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury;
and the removal of trimmings, rubbish, debris and other solid waste.
Servicing is defined as the furnishing of water for the irrigation of the landscaping and
the furnishing of electric current or energy, gas or other illuminating agent for the public
lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities.
The plans and specifications for the improvements are on file in the office of the City Engineer
and are by reference made a part of this report.
19 20a
City of La Quinta
Fiscal Year 2004/2005 Engineer's Report
Landscape and Lighting Assessment District 89-1
III. Method of Apportionment
A. General
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of
providing certain public improvements that include the construction, maintenance and servicing
of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the
cost of these improvements be levied according to benefit rather than assessed value:
"The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount among all
assessable lots or parcels in proportion to the estimated benefits to be received by each such
lot or parcel from the improvements. "
The formula used for calculating assessments in this District therefore reflects the composition
of the parcels, and the improvements and services provided, to apportion the costs based on
benefit to each parcel.
B. Benefit Analysis
All properties within the District boundary are found to derive a special benefit from the
improvements provided by the district. These properties include singe family residential, non-
residential, vacant residential and non-residential, golf courses, agricultural and hillside
conservation properties, vacant and remote non-residential and rural and estate residential
properties.
Special Benefits
The method of apportionment (method of assessment) is based on the premise that each
assessed parcel receives special benefit from the improvements maintained and funded by the
assessments. Specifically, landscaping and lighting improvements installed in connection with
the development of these parcels. The desirability of properties within District is enhanced by
the presence of well -maintained parks, landscaping and lighting improvements in close
proximity to those properties.
The annual assessments outlined in this Report are based on the estimated costs to provide
necessary services, operation, administration, and maintenance required to ensure the
satisfactory condition and quality of each improvement.
The special benefits associated with the parks and landscaping improvements are specifically:
• Enhanced desirability of properties through association with the improvements.
• Improved aesthetic appeal of properties within the District providing a positive
representation of the area.
20
204
City of La Quinta
Fiscal Year 2004/2005 Engineer's Report
Landscape and Lighting Assessment District 89-1
• Enhanced adaptation of the urban environment within the natural environment from
adequate green space and landscaping.
• Environmental enhancement through improved erosion resistance, and dust and debris
control.
• Increased sense of pride in ownership of property within the District resulting from well -
maintained improvements associated with the properties.
• Reduced criminal activity and property -related crimes (especially vandalism) against
properties in the District through well -maintained surroundings and amenities.
• Enhanced environmental quality of the parcels by moderating temperatures, providing
oxygenation and attenuating noise.
The special benefits of street lighting are the convenience, safety, and security of property,
improvements, and goods. Specifically:
• Enhanced deterrence of crime and the aid to police protection.
• Increased nighttime safety on roads and highways.
• Improved ability of pedestrians and motorists to see.
• Improved ingress and egress to property.
• Reduced vandalism and other criminal acts and damage to improvements or property.
• Improved traffic circulation and reduced nighttime accidents and personal property loss.
• Increased promotion of business during nighttime hours in the case of commercial
properties.
All of the preceding special benefits contribute to a specific enhancement and desirability of
each of the assessed parcels within the District.
C. Methodology
Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or
method, which distributes the net amount to be assessed, among all assessable parcels in
proportion to the estimated special benefits to be received by each such parcel from the
improvements. The special benefit formula used within the District should reflect the
composition of the parcels, and the improvements and services provided, to proportion the
costs based on estimated special benefit to each parcel
The cost to provide maintenance and services of the improvements within the District are and
equitably distributed among each assessable parcel based upon the estimated special benefit
received by each parcel.
21 205
City of La Quinta
Fiscal Year 2004/2005 Engineer's Report
Landscape and Lighting Assessment District 89-1
Equivalent Dwelling Units - To equitably spread special benefit to each parcel, it is necessary
to establish a relationship between the various types of properties within the District and the
improvements that benefit those properties. Each parcel within the District is assigned an
Equivalent Dwelling Unit (EDU) factor that reflects its land use, size and development or,
development potential. Parcels that receive special benefit from the various District
improvements are proportionately assessed for the cost of those improvements based on their
calculated EDU. The EDU method assessment for this District uses the Single Family
Residential parcel as the basic unit of assessment. A Single Family Residential C SFIn parcel
equals one EDU. Every other land -use is assigned an EDU factor based on an assessment
formula that equates the property's specific land -use and relative special benefits compared to
the Single Family Residential parcel.
The EDU method of apportioning special benefits is typically seen as the most appropriate and
equitable assessment methodology for districts formed under the 1972 Act, as the benefits to
each parcel from the improvements is apportioned as a function of land -use type, size, and
development The following table provides a listing of land use types, the EDU factors applied
to that land use and the multiplying factor used to calculate each parcePs individual EDU for
each improvement provided in the District.
During the formation of the District, a methodology was developed to calculate the EDUs for
other residential and non-residential land use parcels, which are outlined below for reference.
Every land use is assigned EDUs based on the assessment formula approved for the District.
Land Use parcels that are determined to receive greater benefit than the SFR parcel are assigned
more than 1 EDU and parcels that are determined to receive lesser benefit than a SFR parcels
are assigned less than 1 EDU as reflected in the Assessment Methodology.
nd Use
EDU Factor
Exempt Parcels
0.0
Single Family Residential Parcels
1.0 per
unit
Non -Residential Parcels
5.0 per
acre; 1 .0 minimum
Vacant Residential Parcels
0.33 per
unit
Vacant Non -Residential Parcels
1.65 per
acre for first 20 acres onl
Golf Course Parcels
0.50 per
acre; 1 .0 minimum
Agricultural Parcels
0.25 per
acre; 1 .0 minimum
Hillside Conservative Zone Parcels
0.10 per
acre
Vacant & Remote Parcels
0.825 per
acre for first 20 acres onl
Rural/Estate Residential
1.0 + 0.33 per
acre m excess 1 acre
Single -Family Residential. The City of La Quinta General Plan allows up to one acre of area
for subdivided residential lots. The subdivided single family lot equal to or less than one acre in
size is the basic unit for calculation of the benefit assessments. All parcels less than one acre in
size zoned for single-family residential uses are assessed one (1) EDU.
22 206
City of La Quinta
Fiscal Year 2004/2005 Engineer's Report
Landscape and Lighting Assessment District 89-1
Non -Residential. The factor used for converting nonresidential is based on the average
number of typical single-family residential lots of five per acre. Therefore, non-residential
parcels will be assessed five (5) EDUs per acre with a minimum number per parcel of one (1)
EDU.
Vacant Residential. Parcels defined as single family residential parcels less than one acre and
having no structure will be assessed 33 percent of a single-family dwelling, or 0.33 EDU per
parcel.
Vacant Non -Residential. Parcels not considered single family residential parcels less than one
acre, and having no structure will be assessed based on acreage. The average development in La
Quinta typically occurs in. increments. of 20 acres or less. The first 20 acres of a Vacant Non -
Residential parcel will be assessed at a rate of 33 percent of developed nonresidential properties,
or 1.65 EDU per acre or any portion of an acre. The minimum number of EDUs per parcel is
one (1) EDU. Any parcel of land greater than 20 acres is considered open space and exempt
from assessment until such time as parcel subdivision or development occurs.
Golf Courses. Properties identified as golf courses will be assessed a rate of 10 percent of the
developed nonresidential properties, or 0.50 EDU per acre or any portion of an acre. The
minimum number per parcel is one (1) EDU.
Agricultural. Properties identified as agricultural will be assessed a rate of 5 percent of
developed nonresidential properties, or 0.25 EDU per acre or any portion of an acre. The
minimum number per parcel is one (1) EDU.
Hillside Conservation. Parcels located in areas zoned Hillside Conservation per the City of La
Quinta Official Zoning Map will be assessed on the basis of allowable development within the
Hillside Conservation Zone. The parcel will be assessed as one dwelling unit per ten acres or
0.10 EDU per acre or any portion of an acre.
Vacant and Remote Non -Residential Parcels (Annexation No. 9). Parcels not considered
single family residential parcels less than one acre and do not contain structures, will be assessed
based on acreage. The City defines Vacant and Remote Non -Residential as parcels physically
separated from City services and not readily able to develop due to difficult access and utility
limitations. The land values are typically one half the value of other Vacant Non -Residential
parcels because of the high cost of constructing appropriate access and utility infrastructures
necessary. The Vacant and Remote Non -Residential parcels are assessed a rate of 0.825 EDUs
per acre or portion thereof, for the first 20 acres, with a minimum of one (1) EDU per parcel.
Rural/Estate Residential. Parcels of one acre or more in size, but having only one residential
unit are identified as Rural/Estate Residential. These parcels will be assessed a rate of one (1)
EDU for the first acre and 0.33 EDUs for each additional acre or portion of an acre.
Exempt Property. All publicly owned property and utility rights -of -way are exempt from
assessment, as well as parcels of land shown on the County Assessor's records as Vacant Desert
Land, Vacant Mountain Land, Agricultural Preserve and Public Utility owned land.
23 207
City of La Quinta
Fiscal Year 2004/2005 Engineer's Report
Landscape and Lighting Assessment District 89-1
D. Land Use Summary
The following information was obtained from the Riverside County Assessor's Tax Roll,
Assessor's Parcel Maps, and the City of La Quinta Planning Department. The land use
categories were developed to classify the different land use types in the City.
Land Use
Parcels
Estimated Acres
EDU's
2004MO lAvy
Exempt Parcels
1,469.0
8,83 8.72
0.00
$0.00
Single Family Residential Parcels
13,725.0
743.92
13,723.00
$488,538.80
Non -Residential Parcels
172.0
460.67
2,340.00
$83,304.00
Vacant Residential Parcels
3,438.0
857.21
1,133.22
$40,342.63
Vacant Non -Residential Parcels
766.0
4,042.70
4,536.36
$161,494.47
Golf Course Parcels
131.0
1$77.76
723.80
$25,767.10
Agricultural Parcels
21.0
548.59
137.15
$4,882.45
Hillside Conservative Zone Parcels
24.0
948.30
84.83
$3,019.95
Vacant & Remote Parcels
41.0
644.13
430.22
$15,315.87
Rural/Estate Residential
57.0
348.01
171.84
$6,117.62
TOTAL
19,844.00
1%710.01
234SOA2
828,782.89
This Report does not propose an increase in the District assessment rates for Fiscal Year
2004/2005 over or above the maximum rate established. The proposed rate per EDU for Fiscal
Year 2004/2005 is the same rate assessed for Fiscal Year 2003/2004. The base assessment rate
to be approved for Fiscal Year 2004/2005 is $35.60.
The maximum assessment rate per EDU may not increase without a vote of the property
owners in the District. Therefore, the assessment is proposed to remain at the maximum
amount of $35.60 per EDU. With a total of 23,280 EDU's this equates to a total projected
revenue of $828,783. The City proposes the remaining $1,039,464 be funded through a General
Fund contribution.
208
24
City of La Quinta
Fiscal Year 2004/2005 Engineer's Repoli
Landscape and Lighting Assessment District 89-1
IV. District Budgets
A. Description of Budget Items
The 1972 Act requires that a special fund be established and maintained for the revenues and
expenditures of the District. Funds raised by assessment shall be used only for the purposes as
stated herein. A contribution to the District by the City may be made to reduce assessments, as
the City Council deems appropriate. The following describes the services and costs that are
funded through the District, shown in the District Budgets.
District Costs
Personnel— Reflects relevant City Staff salaries, wages and benefits, and also includes Worker's
Comp insurance, Stand -By, and Overtime labor.
Contract Services — Includes all contracted labor, such as the Riverside County Tax Roll
Administration Fees, maintenance and repair of traffic signals, tree trimming, and security
service.
Uniform Rental Services — Reflects funds used for the purpose of uniform rental.
Vehicle Operations — Includes the maintenance of fleet vehicles.
Utilities — Includes the electric, telephone, and water services.
Travel Training & Meetings — Reflects the funds used for the purposes of training and
meetings.
Information Technology— Includes computers, printers, and other related items and services.
Operating Supplies— This item includes plant replacement, safety gear, field materials, and the
materials used for the purposes of removing graffiti.
Operating Supplies and Software — This item reflects the costs of software programs.
Small Tools/Equipment — Includes non -capital small tools and equipment.
Administration Services
District Administration — The cost for providing the coordination of District services and
operations, response to public concerns and education, as well as procedures associated with the
levy and collection of assessments. This item also includes the costs of contracting with
professionals to provide any additional administrative, legal or engineering services specific to
the District including any required notices, mailings or property owner protest ballot
proceedings.
25 209
City of La Quinta
Fiscal Year. 2004/2005 Engineer's Report
Landscape and Lighting Assessment District 89-1
B. 2004/2005 District Budget
For the purpose of estimating costs for the maintenance and servicing, actual costs are used
where possible. However, where the improvements are new, or where actual maintenance
experience is lacking, cost estimates will be used to determine costs. The Budget of estimated
cost of operation, servicing, and maintenance for Fiscal Year 2004/2005 is summarized below in
Table 1.
TABLE 1
2004rAN DISTRICT BUDGET
RECT COSTS
ASSESSMENTS
PARKS
OTHER
PERSONNEL Salaries -Permanent Full Time
$73,715
Employee Benefits
$6,413
Insurance Benefits
$15,254
Workers Comp Insurance
$1,446
Other Benefits 8 Deductions
$W7
Stand By
$1,714
Stand By Overtkne
$1,862
Overtime
S245
TOTAL PERSONNEL
$101616
CONTRACT SERVICES Annual Lighting & Landscape Report
$15,000
Landscape Lighting Maintenance
$148,318
$63,565
Riverside County Tax Rol Admin Fee
$3,000
Citywkle Maintenance Contract
S369,405
$213,e93
$86,206
Traffic Signals Maintenance/Repair
$206,972
Tree Trimming
$30,000
rvice - ion Yard
S1.025
TOTAL CONTRACT SERVICES
77 695
213 693
$150,876
RENTAL SERVICE Uniforms
$709,
TOTAL RENTAL SERVICE
$709
VEHICLE OPERATIONS I" Maintenance
028
TOTAL VEHICLE OPERATIONS
"0"—
UTILITIES Electric
$144,WS
$75,306
$139
Phone
$132
Water
1138,726
$63.353
S7.920
TOTAL UTILITIES
$323,21111
$138.60
191
TRAVEL TRAINING 8 MEETINGS
TOTAL TRAVEL TRAINING & MEETINGS
INFORMATION TECHNOLOGY Comixiters, Printers and services
1 4"
TOTAL INFORMATION TECHNOLOGY
$10466
OPERATING SUPPLIES Plant Replacement
$23,419
$10,037
Graffiti Removal Material
$4,452
Safety Gear
$220
$220
Field Materials
$42 482
118.2D71
TOTAL OPERATING SUPPLIESI
0, 31
A63
ISMALL TOOLS/EQUIPMENT Non-Caphl
4
TOTAL 8MALL TOOLS/EQl11PMENT
ADMINISTRATION COSTS
DISTRICT ADMINISTRATION Public Works Administration (.25)
$14,337
Cftvwide Administration
$28,465
SUBTOTAL ADMINISTRATION COSTS
$42X2
STRICT STATISTICS
TOTAL PARCELS 19,844.0
TOTAL PARCELS TO BE LEVIED 18,375.0
TOTAL EQUIVALENT BENEFIT UNIT 23,280.4
FY 2004106 LEVY RATE PER EDU $35.60
MAXIMUM LEVY PER ESU ALLOWED $35.60
TOTAL ASSESSMENT ALLOWABLE $826 783
GENERAL FUND CONTRIBUTION $503,235 $346,524 $119,706
TOTAL GENERAL FUND EXPENSE $1,039,464
26 210
City of La Quints
Fiscal Year 2004/2005 Engineer's Report
Landscape and Lighting Assessment District 89-1
Appendix A — District Assessment Diagrams
The Boundary Diagrams for the original districts have previously been submitted to the Clerk of
the City in the format required under the Act and are made part of this Report by reference.
The parcel identification, lines and dimensions of each parcel within the District are those lines
and dimensions shown on the Assessor Maps of Riverside County for the year in which this
Report was prepared and is incorporated by reference and made part of this Report.
27 1
City of La Quinta
Fiscal Year 2004/2005'Engineer's Report
Landscape and Lighting Assessment District 89-1
Appendix B — 2004/2005 Collection Roll
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on
the Riverside County Assessor Parcel Maps and/or the Riverside County Secured Tax Roll for
the year in which this Report is prepared.
Non -assessable lots or parcels may include government owned land; public utility owned
property, land principally encumbered with public right-of-ways or easements and dedicated
common areas. These parcels will not be assessed.
A listing of parcels within the District, along with the proposed assessment amounts, has been
submitted to the City Clerk and, by reference, is made part of this Report.
Upon approval of the Engineer's Annual Levy Report and confirmation of the assessments, the
assessment information will be submitted to the County Auditor/Controller, and included on
the property tax roll in Fiscal Year 2004/2005. If the parcels or APNs within the District and
referenced in this Report, are re -numbered, re -apportioned or changed by the County
Assessor's Office after approval of the Report, the new parcel or APNs with the appropriate
assessment amount will be submitted to the County Auditor/Controller. If the parcel change
made by the County includes a parcel split, parcel merger or tax status change, the assessment
amount submitted on the new parcels or APNs will be based on the method of apportionment
and levy amount approved in this Report by the City Council.
28
212
144
T4ty
rV
c"3 S
AGENDA CATEGORY:
OF BUSINESS SESSION: 03
COUNCIL/RDA MEETING DATE: June 1, 2004
CONSENT CALENDAR:
ITEM TITLE: Consideration to Award a Contract to STUDY SESSION:
Construct the City of La Quinta Municipal Library,
Project No.. 2000-06 PUBLIC HEARING:
RECOMMENDATION:
Continue consideration of this item to June 15, 2004 to give staff additional time
to identify possible alternative funding sources.
RSCAL IM PLICATIONS:
The following represents the project's approved funding and funding sources:
Funding Source Amount
Library DIF $413011676
County Library DIF $ 4001000
Library Fund $ 4091137
Sub -Total: $ 5,110, 813
Less Prior Expenditures (A/O: 4-30-04): ($ 4629188)
Total Funding Available: $4,6489625
The following represents the estimated costs to complete the project based on the
bids received on May 27, 2004:
Construction: $518001000
Architectural Design/Construction Support: $ 1731217
Construction Management (Inspection): $ 3001000
Materials Testing and Construction Survey: $ 551000
Furniture, Fixtures and Equipment (FF&E) $ 1537400
Administration: $ 1311119
SUBTOTAL: $6,6129736
Contingency at 5%: $ 3307637
TOTAL: $6,9439373
211
As indicated above, a funding shortfall, in the amount of $2,294,748 exists for the
construction phase of the project. Additional funding within the City's "Library
Fund" is available to cover part of this shortfall. As of March 31, 2004, the
available fund balance within the "Library Fund" was $1,461,608.00. Based upon
the lowest responsive bid from Davis/Reed in the amount of $5,800,000, staff
recommends the City Council continue this item so that possible alternative funding
sources can be identified.
CHARTER CITY IMPLICATIONS:
None. The project is partially funded with Redevelopment Agency Funds;
subsequently, the project was bid as a prevailing wage improvement.
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. but will not,
however, 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 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.
On April 6, 2004, the City Council approved 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 approved an advance not to exceed
$4,300,000 from the Redevelopment Agency Capital Projects No. 1 Fund to the
Library Developer Impact Fee Fund (DIF).
2
On April 20, 2004, the City Council approved 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.
On May 27, 2004, sealed bids were received for the construction of this project.
The following represents a summary of the bids received and compares the bids to
the engineer's estimate.
Engineer's Estimate $3,911,300
Davis/Reed Construction $ 5, 800,000
Alvarez Engineering Inc. $5,900,000
WDL Construction $6,129,433
As illustrated, Davis/Reed submitted the lowest responsive bid in the amount of
$5,800,000 which is $1,888,700 above the engineer's estimate. Staff will need
additional time to provide viable funding alternatives to the City Council and is
therefore requesting that this item be continued to the June 15, 2004 City Council
meeting.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Continue consideration of this item to June 15, 2004 to give staff additional
time to identify possible alternative funding sources; or
2. Do not continue this item and reject all bids; or
3. Provide staff with alternative direction.
Respectfully submitted,
Tom Hartung
Building and Safety Director
Approved for submission by:
Thomas P. Genovese, City Manager
215
3
i
COUNCIL/RDA MEETING DATE: June 1, 2004
ITEM TITLE: Consideration of Use of the Civic Center
Campus by the La Quinta Arts Foundation
RECOMMENDATION:
As deemed appropriate by the City Council.
FISCAL IMPLICATIONS:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION;
PUBLIC HEARING:
The La Quinta Arts Foundation is requesting the use of the Civic Center Campus and
Senior Center free of charge for 10 days, from March 13 through March 22, 2005.
According to the City's Facility Use Policy, the rental rate is $75 per hour each for the
Civic Center Campus and the Senior Center Multi -purpose room and $20 per hour for
the Senior Center kitchen for La Quinta non-profit organizations. Based on ten (10)
twelve hour days, the fees associated with the use of the Civic Center Campus and
Senior Center by the La Quinta Arts Foundation would total $20,400.
Due to the La Quinta Arts Foundation's use of the Senior Center, normal programs and
services would need to be cancelled for one week. The revenue lost by canceling the
programs and services is estimated to be $1600. The City would also be unable to
rent the Civic Center Campus and Senior Center for private weddings or parties for
two consecutive weekends. The average rental revenue for a private party is $1,800
therefore the City could possibly lose $3,600 in rental revenue.
Therefore, should the City Council approve the La Quinta Arts Foundation's request for
use of the Civic Center Campus at no cost to the Foundation, the possible loss of
revenue to the City could total $25,600.
In the past, the City Council has considered similar use requests for the Senior Center
from non-profit organizations, such as the Soroptomist International and the Veterans
of Foreign Wars. These requests have received designated Special Project
21s
Contingency funding from the General Fund to cover the use of the Senior Center by
these organizations to avoid their use being considered a gift of public funds.
The Fiscal Year 2004-05 Preliminary Budget (Community Services Department section)
contains a line item allocating $75,000 to the La Quinta Arts Foundation. Should the
City Council permit the Festival to be held on the Civic.Center Campus, funds to offset
the facility use fees could be used from this line item, the Special Projects Contingency
Account, or another account, should the City Council so desire.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The La Quinta Arts Foundation (Foundation) submitted correspondence in December
2003 requesting use of the SilverRock Resort driving range, or "an alternative suitable
location" within the SilverRock Resort project for the 2005 Arts Festival (Festival) from
March 13-22, 2005. The City Council reviewed this correspondence at its meeting of
January 20, 2004, and referred the matter to the Agency as a Study Session item.
The Agency considered the matter at its regular meeting of February 3, 2004, and
considered several options.
The Agency, at its meeting of April 6, 2004, discussed alternative sites with the
Foundation. The Foundation, prior to that meeting, met with City and Agency staff
and reviewed various alternatives including:
Fritz Burns Park
Civic Center Campus
La Quinta Park
After visiting each site (and subsequent discussions with the Community Services
Director), Foundation staff has provided the City with their request to use the Civic
Center Campus for the 2005 Festival (Attachment 1).
At the May 18, 2004 Agency meeting, the Agency reviewed the Foundation's request
to use the Civic Center Campus for the 2005 Festival and directed staff to work with
the Foundation on logistics of using the Campus for this event.
City and Foundation staff met regarding the Festival possibly being held on the Civic
Center Campus. Several issues were discussed: upcoming construction projects,
parking, relocation of the user groups on Sunday, existing programs at the Senior
Center, temporary fencing, admission charges and serving of alcohol.
02
217
Upcoming Construction Projects
During the requested time for the Festival, the City will be involved in two construction
projects on the Civic Center Campus: the Library and City Hall expansion. The
Foundation staff does not foresee a problem with the construction areas on the
campus. In addition, when the Foundation preliminarily laid out parking for the Festival
on the Campus, the parking lot west of the Senior Center was not considered, as the
construction staging area will be located in that parking lot. The lack of parking in the
west parking lot of the Senior Center is not a concern for the Foundation. Should the
Festival be held on the Civic Center Campus, the contractor for the City Hall Expansion
Project will be notified that construction may not take place March 17-20 (Thursday -
Sunday) to avoid loud noise and dust being present during the Festival. The
construction of the Library is anticipated to be beyond the noise and dust -producing
stage by the time of the Festival.
Parking
The Foundation has also requested the use of the City Hall parking lots for valet
parking services (Attachment 1) . The Agency Board had expressed concern regarding
the City Hall parking lots being available to city employees and the public doing
business at City Hall during the Festival. The Foundation is willing to post a person at
the entrances to the south parking lot to monitor entry by employees and those
wishing to do business at City Hall on Thursday and Friday of the Festival. Employees
can be issued parking passes to be displayed on the dashboard of their car which will
allow them to park in the south parking lot. Those wishing to do business at City Hall
would be allowed to park in the parking lot, with individuals attending the Festival
being directed to other parking locations.
Foundation staff has agreed to reserve the south parking lot for City employees and
those doing business at City Hall during normal business hours Thursday and Friday of
the Festival, with the south parking lot being used during non -business hours by
Festival participants.
The Foundation will use the parking lot south of the Senior Center for the shuttle drop
area and some parking. The Foundation would like to reserve the north parking lot of
City Hall for designated handicap parking.
Public parking locations and logistics of the parking plan have not been finalized as of
this report as Foundation staff is awaiting a final decision as to the location of their
Festival before drafting the parking and traffic plans. The Foundation has requested
the use of a portion of the SilverRock Resort property for parking, with shuttles
0.3
S:\CityMgr\STAFF REPORTS ONLY\B1 LOAF Request for Civic Center Campus Use 6-01-04.doc 218
providing transportation to the Civic Center Campus. The Redevelopment Agency
parking plan is provided by the Foundation.
Existing Programs at the Senior Center
Upon evaluation of the programs at the Senior Center, programs and services can be
rearranged to avoid offering them during the week of the Festival.
Relocation of Senior Center User Groups on Sunday
Currently, there are two church groups that use the Senior Center on Sunday. With
advanced notice, these groups could possibly use the Boys and Girls Club on Sunday,
March 20, 2004. Staff will work with the Boys and Girls Club to secure the location
for the two groups.
Temporary Fencing
The Foundation is also requesting a temporary fence be placed around the Civic Center
Campus for security purposes. The Agency Board expressed their concern that a chain
link fence is not an attractive amenity. City and Foundation staffs are working on
possible means to enhance the look of the fencing around the campus while at the
same time including the community in an art project. Details have not been finalized
as of this report. However, the concept of having local students design murals to be
used as "envelopes" for the fencing could be used to disguise the chain link fence and
exhibit local artwork in the process. Correspondence from the Foundation including
this concept is provided as Attachment 2.
Admission Charge and Alcohol
The Foundation is requesting the ability to charge admission to the event and conduct
other fund raising activities as part of the Festival. Pursuant to Section 1 1.44.030 (E)
of the La Quinta Municipal Code (Attachment 3), the La Quinta Arts Foundation may
charge an admission fee and solicit contributions if this condition is stated in the
Temporary Use Permit which the Foundation will be required to submit for
consideration.
The Foundation has also requested permission to sell alcohol at the Festival. Pursuant
to Section 1 1.08.005 (C) (Attachment 4) the City Council could grant permission for
the Foundation to sell alcohol at this event, as a condition of the Temporary Use
Permit. In addition, the Foundation will be required to follow all conditions established
by the Alcoholic Beverage Control Board and Riverside County Health Department.
Should the Foundation be granted permission to hold the 2005 Festival on the Civic
Center Campus, staff from the La Quinta Police, Public Works, Building and Safety,
4
S:\CityMgr\STAFF REPORTS ONLY\B1 LaAF Request for Civic Center Campus Use 6-01-04.doc ;? 19
Community Development and Community Services Departments will meet with
Foundation staff to finalize the necessary components related to the use of the Civic
Center Campus.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the use of the Civic Center Campus by the La Quinta Arts
Foundation for the 2005 Arts Festival and/or at no cost to the
Foundation and/or allocate facility use fees from the La Quinta Arts
Foundation line item and/or direct staff to find a suitable location for the
two church groups regularly scheduled to use the Senior Center during
the Foundation's use and/or direct staff to cancel all programs and
services at the Senior Center during the week of March 13-19 and/or
direct the Foundation to provide parking monitors to allow City
employees and public doing business at City Hall during normal business
hours during the Festival and/or allow the Foundation to use the north
parking lot as a handicap access parking lot and/or direct the Foundation
to provide a decorative element to the chain link security fencing and/or
allow the Foundation to charge admission to the Festival and/or allow the
Foundation to solicit donations and/or allow the Foundation to sell
alcoholic beverages on the Civic Center Campus.
2. Do not approve the use of the Civic Center Campus by the La Quinta Arts
Foundation for the 2005 Arts Festival; or
3. Provide staff with alternative direction.
Ressp ctfully ubmitted,
r
«IYi�M,
001171111
munity Services Director
Approved for submission by:
Thomas P. Genovese, City Manager
C�J
S:\CityMgr\STAFF REPORTS ONLY\B1 LQAF Request for Civic Center Campus Use 6-01-04.doc ,.�
Attachments: 1. Correspondence from the La Quinta Arts Foundation dated
May 11, 2004
2. Correspondence from the La Quinta Arts Foundation dated
May 25, 2004
3. LQMC 11.44.040
4. LQMC 11.08.005
r 6
S:\CityMgr\STAFF REPORTS ONLY\B1 LQAF Request for Civic Center Campus Use 6-01-04.doc 221
ATTACHMENT 1
May 11, 2004
Honorable Mayor and City Council Members
City of La Quinta
P.O. Box 1504
La Quinta, CA 92253
Re: Civic Center Park location for La Quinta Arts Festival 2005
Dear Members of the Council,
Since La Quinta Arts Foundation's last presentation to you at the City Council
meeting on April 6, 2004, and after further meetings with City staff, it has become
evident that Silver Rock Ranch and/or the City park at Westward Ho and Adams
Streets will not be available to host La Quinta Arts Festival 2005.
An alternative presented by Council at the April 6"' meeting is the La Quinta Civic
Center Park. We are continuing to investigate and research the feasibility of its
utilization. Based on our findings thus far, and under the following assumptions,
we are willing to proceed and make commitments necessary to ensure that La
Quinta Arts Festival remains one of the most prominent art festivals in the United
States and positions the City of La Quinta as a desirable place to live:
■ LQAF is provided the site free of charge, and LQAF will restore the site to
its prior condition
■ LQAF is able to utilize portions of the La Quinta Senior Center as
highlighted on attached map
■ The church that holds its services on Sundays at the Senior Center will
relocate them on Sunday, March 20th
■ Civic Center parking is available to LQAF for valet parking service
■ City owned parking lot at Bermudas and Montezuma is available for artist
parking
■ Silver Rock Ranch is available for Festival patron parking with shuttle
service to Festival
■ The fountain in the lake is turned down or off so that the spray will not
potentially damage art
■ Sprinklers are turned off for a designated time
■ There is adequate access to water and power
■ Admission fees are allowed to be charged on City owned property
■ Sales of alcohol are permissible on City property
■ Other revenue generating opportunities to benefit LQAF are allowed on
City owned property
■ LQAF is given a 3 to 5 year option (or until Silver Rock Ranch is
completed) to use the Civic Center Park for Festival
07
POST OFFICE BOX 777 ♦ LA QUINTA, CA 92253 ♦ 760 564 1244 ♦ FAX 760 564 6884
C. 221,
LOAF envisions that Festival could be held on Friday, Saturday and Sunday,
March 18, 19, 209 2005. Instead of the full day exhibit on Thursday, March 17t',
we are exploring the concept of a sneak preview"everif from 4pm to 7pm. A
"taste of La Quinta" featuring local restaurants, entertainment, and the first
opportunity to purchase art will launch the 2005 Festival. Tickets -will be sold to
this event, which will also be a benefit of sponsorship and a means of recognition
to Foundation members.
We have developed the following tentative Festival Schedule:
Sunday, March 13
Begin installation of perimeter fencing, portable restroom facilities,
additional power, and lighting
Monday, March 14
■ Begin installation of tents
Tuesday, March 15
• Sprinklers must be shut off inside the fenced area until conclusion of
Festival
• Large art artist check -in, and load -in of large sculpture requiring heavy
equipment
■ Overnight security begins; additional Lighting required
■ Begin food service load -in
Wednesday, March 16
■ All artists load -in lam to 7pm
Thursday, March 17
■ Artists continue load -in and set-up 7am to 3pm
■ Preview event 4pm to 7pm
Monday & Tuesday, March 21 & 22
■ Load -out, clean up and restoration
The foregoing assumptions and schedule require additional research and
verification and are subject to change. If the Council agrees the Civic Center
Park is an appropriate venue for La Quinta Arts Festival 2005, we will proceed
with great haste to inform and work with the surrounding La Quinta civic and
charitable groups and businesses.
We believe that hosting La Quinta Arts Festival on the Civic Center Park will
provide the City of La Quinta with excellent exposure, be our first opportunity of
working with our potential future home at Silver Rock, will support local
restaurants and hotels and introduce new Valley residents to other La Quinta
2 r$
223
non -profits, i.e. La Quinta Rotary, Friends of the Library, and Friends of the
Senior Center.
We will encourage the City of La Quinta, La Quinta Chamber of Commerce, and
Silver Rock Ranch to have a presence on Festival site. One of our more idealistic
goals would be to capitalize on the Pacific Life Open tennis finals with co -
branded Sun Bus that would shuttle consumers from that event to La Quinta Arts
Festival for a more diverse weekend package.
This request also includes our first attempt at a layout for Festival 2005 at Civic
Center Park.
We thank the City for their support in our research of this site for La Quinta Arts
Festival and will continue to work with Dodie Horvitz, Community Services
Director. If our request is approved, we will provide the Council with continued
progress reports.
Thank you for your consideration.
Sincerely,
Christi Salamone Kathleen Hughes
Executive Director Events Manager
3 r
ATTACHMENT 2
Dodie Horvitz
From:
Kathleen [kathleen@lgaf.com]
Sent:
Monday, May 24, 2004 5:09 PM
To:
Dodie Horvitz
Subject:
Festival Information for June 1 st
AN
nformation required
for June ...
Hi Dodi!
I apologize but Christi was tied up in meetings almost all day and I just got this back on
my desk. If you have any questions, don't hesitate to call me in the morning. (I know that
you always get in early before the phone starts to ring!) I have a meeting with Palm
Springs Life at 10 am and then one with Kaiser Group at 12 noon but other than that should
be at my desk. Do not hesitate to call me with questions or for more information.
The schedule is preliminary and based on information that we have to date. I am confident
that you and I can handle the challenges necessary to make this the best festival ever. It
is imperative that both the City of La Quinta and the Arts Foundation are both satisfied
with our achievement. Warm regards, Kat
��J
Information required for June 1 meeting with City of La Quinta
1. Dates of Festival — Thursday, March 17 — Sunday, March 20, 2005
2. Very Preliminary Schedule of Move in and Out:
(Please note that none of our contracts are signed with vendors to date
and are subject to change.)
• Wednesday, March 9 -Staff will begin vegetable painting the outlines of
the artist booths on the Campus. Campus can still be open to the public.
(This paint actually disappears after being watered a few times and does
not damage the grass. The Foundation has already done this type of
painting when we did our initial drawing of the festival on the Civic Center
Campus.)
• Saturday, March 12 & Sunday, March 13 — Fencing begins along library
and Senior Center and Calle Tampico
• Monday, March 14 - Set-up begins with rentals and fencing completed.
• Tuesday, March 15 — All large art moves in (approximately 100 artists) — 7
a.m. to 6:30 p.m.
• Wednesday, March 16 — All other artists move in — 7 a.m. to 6:30 p.m.
• Thursday, March 17 — All artists complete set-up by 2 pm. "Sneak
Preview" by invitation only is from 3 pm to 6:00 p.m.
• Friday, March 18 — Festival opens from 10 a.m. to 6 p.m.
• Saturday, March 19 — Festival is open from 10 a.m. to 6 p.m.
• Sunday, March 20 — Festival is open from 10 a.m. to 4 p.m. Tear down
begins. Exit Campus at 8 pm.
• Monday, March 21— Tear down continues from 7 am to 6 pm.
• Tuesday, March 22 — Tear down is completed. Fences removed.
• Wednesday, March 23 — Repair and restoration of Campus begins.
3. We anticipate hosting 240-260 artists who will require 300+ booths.
(Some artists require more than one booth due to large work.) In past
years we have required 6 food booths, 2 wine booths, 2 beer booths, and
approximately 6 food vendors using carts. Until we have our meetings
with The Kaiser Group and other caterers in Old Town, we will not be sure
of the size of their booths. Due to the. close proximity of the Civic Center
to Old Town, the food may be prepared elsewhere and only delivered to
the festival grounds for serving. We will also need to speak to the Health
Department regarding the status of the kitchen in the Senior Center.
4. Times of festival activities are now shown under #2.
11
5. Conceptual Planning of Activities is: We would like to introduce the
community to the concept of Arte de Tlza (sidewalk chalk art).
Throughout Europe, and especially in Italy, street painting has been
recorded since the 16th Century and is considered an important popular
art form. The Foundation would hire professional Master Street Painters to
come to the La Quinta Boys & Girl's Club prior to festival to teach the
children about this style of painting. The children would then come and
paint designated sidewalks on Avenida La Fonda and Calle Tampico with
their own style of original work. Street painting is a performance art —
when you leave you take your memories and impressions with you. It is
not permanent. It is vulnerable to the elements and will disappear in 2 to
3 days.
As a few council members were concerned about the web fence, we
would also like to explore the idea of having the 4th and 5th graders that
we teach in Making Friends with Great Works of Art create artworks on
white vinyl that we could attach to the green fence cover. This art would
be identified by the name of the school and the student's instructor. Not
only would this add a visual art component to the festival but also it would
add a positive element to the fencing. It would also create enthusiasm
within the community and students could encourage their parents to come
to La Quinta and view their masterpieces. These two projects would
involve more children with La Quinta Arts Festival than ever before.
On Thursday, March 17th the festival will only be open for a "Sneak
Preview" from 3 — 6:00 pm. This "invitation only" event is a benefit of
sponsorship or being a member of La Quinta Arts Foundation. Invitations
are also sent to' the Artist's clients who have purchased from the Artists
over the past years. This event will feature food and wine tasting from La
Quinta restaurants. Live music will be played in the amphitheatre and the
guests will have the first opportunity of viewing the festival and
purchasing art before the festival is open to the public. (This idea came
from our Artist Advisor committee members who claim it is extremely
successful in Sausalito and in Chicago.)
6. Organizations that we hope would plan to be involved with the festival for
a greater sense of community spirit would be La Quinta Rotary, Friends of
Senior Center, La Quinta Chamber of Commerce, Silver Rock Resort (as
we will be using their parking and shuttling) and Key Club.
In closing, for the past 23 years, proceeds from La Quinta Arts Festival have
allowed La Quinta Arts Foundation to provide much needed services to our
227 .;A. 2
community on a daily basis. The success of the Festival over the years has
driven the expansion of the following programs:
Each year over 15,000 school age children receive award winning arts
education instruction from La Quinta Arts Foundation. Making Friends
with Great Works ofArttaught in local elementary schools in DSUSD and
CVUSD fills a need created by the serious depletion of state funds allocated to
arts education in the public schools.
Youth Art Works attempts to reach underserved youth and channel
energies to creating public art. This past February YAW students completed
a mural at Eisenhower Medical Center.
In partnership with local social service agencies, LQAF provides underserved
young children with hands-on art instruction through Young atArt. In the
La Quinta, Indio and Coachella Boys and Girls Clubs, La Quinta Arts
Foundation provides and underwrites the costs of the instructor, art supplies
and materials for the 1,500 children, three to four days per week after school
and during summer recess.
Art Beattransports students from culturally underserved areas to Southern
California's art museums, galleries and studios. 1,000 students benefit from
this experience annually.
Scholarships. Since 1984, 317 students pursuing secondary education in
the arts and related fields of study - architecture, design, illustration, and
photojournalism, have been awarded over $640,000 in scholarships.
Master Series Workshops, Museum Tours and Lectures are offered by
the Foundation for continuing education and cultural enrichment to adults
and seniors in the Coachella Valley.
All of the aforementioned programs are integral to our desert community,
and the success of La Quinta Arts Festival is vital to their continuation. It is
so important for everyone to realize when they purchase an admission ticket,
a soft drink or a unique piece of art at the Festival; they are supporting these
programs and our outreach to the Coachella Valley.
ATTACHMENT 3 11-44.030
subsection A of this section shall refuse or fail immediately to remove himself from the area or place so
closed, and no such person shall enter or remain within any such area or place known by him to be so
closed, until the area or place has been reopened to the public by order of proper authority.. (Ord.10 §
-1 (part), 1982)
11.44.040 Permits for gatherings and meetings.
A. No person shall hold, conduct, participate in, attend or address any meeting, organized gathering
or assemblage, group picnic, celebration, parade, service or exercise, of fifty or more persons, in any park
or recreation area without a written permit granted by the city manager as provided in this section.
B. The city manager (acting personally or by his delegated designee) is .empowered to grant permits
authorizing any person,. society, � association or organization to hold or conduct a meeting, organized
gathering or assembleg ea pp u icnic, celebration, parade, service or exercise for the observance of or
commemoration of any public celebration, event, or demonstration of a patriotic,.municipal or memorial
character, or for social, educational, training, entertainment or recreational purposes.
C. An application for a permit shall be granted if the issuing authority determines:
1. That the requested activity is consistent and compatible with proper and appropriate park and
recreation area uses at the .location applied for,
2. That the requested activity is reasonable and will not interfere with general use of the park or
recreation area by other individual or group members of the public
3. That the. requested activity will in all respects comply with the: provisions of this code and of any
other ordinance, law, rule or regulation in effect at the time and place the activity is to be conducted;
4. That the requested activity is not reasonably anticipated to incite violence, crime or disorderly
conduct;
5. That the requested activity will not entail unusual, extraordinary or burdensome expense or police
operation by the city; and
6.- That no other reason exists why the granting of the permit would be detrimental to the public
interest.
D. Except in cases where a fee is paid adequate in amount to. fully reimburse the public accounts for
all involved costs and permits shall not be granted for the purpose of conducting services of any religious
denomination or sect, or for the purpose of discussing, expounding, advocating or opposing the principles
or creed of any religious denomination or sect. In all other respects, however, applications for such permits
shall be considered and processed on an equal basis, subject to the same advantages, qualifications and
limitations as other applications by or for another nonreligious organizations, groups or gatherings.
E. In the event it is proposed that an admission fee be charged for attendance at the requested
activity, or that contributions will be solicited or a collection taken up at the requested activity, the
application for a permit shall expressly state such proposal. No person shall charge any such admission
fee or solicit contributions or take up any collection at or for any such activity unless a provision allowing
it to be done is included in a permit issued under this section.
F. The issuing authority may attach conditions to any such permit which are deemed necessary or
appropriate to assurethat the activity will be carried on in conformance with applicable laws, rules and
regulations, in. a manner ..insistent with proper park and recreation area uses, and in a manner not
detrimental to the public .nterest. Where deemed appropriate, the issuing authority may require suitable
insurance, indemnity bond or other guarantee to protect city property from damage, to protect the public
from unusual and undue expense, or to protect the city from liability of any kind or character. In this
connection there may further be required a money deposit or payment to defray unusual expenses to be
incurred by the city, such as costs of additional police services, fire protection services, cleanup services,
or other municipal services -of whatever nature.
G. Any'permit granted pursuant to the provisions of this section shall specify the time when and the
place where the activity shall be held or conducted, and shall designate the name of the person, society,
association or organization to whom the permit is issued. (Ord.10 § 1 (part), 1982)
11.44.050 Rules and regulations —Promulgation by city manager.
A. The city manager shall have power and authority to promulgate rules and regulations governing
411 v ,�
229 �-
ATTACHMENT 4
11.08.005
Chapter 11.08
DISORDERLY CONDUCT
Sections:
11.08.005 Public drinking and liquor possession.
11.08.040 Noise.
11.08.080 Trespass.
11.09.090 Violation.
11.08.005 Public ,drinking and liquor possession.
A. A person shall not consume or posses any alcoholic beverage, as defined in Section 23004 of the
California Business and Professions Code, upon anypublic street, sidewalk, highway, road, lane, alley or
upon any other publicly owned property which is open to the public, including all park and recreational
areas which are located within the city limits. Possession shall include any alcoholic beverage contained
in any bottle, can, or other receptacle which:
1. Has been opened;
2. Has a seal broken; or.
3. The contents of which have been partially removed.
B. A person shall not commit any act prohibited in subsection.A of this. section when such person is
upon privately owned- property which is open to the use or patronage of the general public at the time,
unless the person committing the act has the express or implied permission or invitation to do so from
the owner or lessee or person in charge of the private property or business premises involved.
C. Subsection A of this section shall not apply to consumption or possession of alcoholic beverages
within the city limits. if a permit, entitlement or permission has been issued by the city manager or city
council in connection with'a special event located on the premises where the consumption or possession
would otherwise be prohibited. Subsection A shall'not apply with respect to public property owned and
controlled by a public entity other than the city if the other public entity has given its express permission
or invitation allowing use of the premises for purposes otherwise proluhited in subsection A of this
section. (Ord.151 § 1,1989: Ord.10 § 1 (part), 1982)
11.09.040 Noise.
No person shall wilfully make any unreasonably loud noise to the extent that it disturbs the peace and
quiet of any neighborhood or imposes upon the privacy and rights of others. The standards which may
be considered in determining whether a violation of this section exists, may include, but is not limited to,
the following:
A. The level of noise;
B. The nature of the area within which the noise emanates;
C. The density of the inhabitation of the area within which the noise emanates;
D. The time of day or night;
E. The duration of the noise;
F. Whether the noise is recurrent, intermittent or ; instant; or
G: Whether the noise is produced by a commercial or noncommercial activity. (Ord.151 § 2,1989:
Ord.10 § 1 (party,1982)
11.08.080 . Trespass..
No person shall commit a trespass on residential property or on public property. "Thspass" for the
purpose of this section means:
A. Entering upon, or refusing to leave, any residential property of another, either where the property
has been posted with NO TRESPASSING signs, or where immediately prior to the entry, or subsequent
thereto, notice is given by the owner or occupant, orally or in writing, that such entry, or continued
presence, is prohibited.
B. Entering upon, or refusing to leave, any public property in violation of regulations promulgated
392
0t. 85 `f
OVIANAI41
s1
V AA
Me 5 2 Strohm,._._-Avanue
oluca Terrace, CA 91601
May 25, 2004
Mayor Don Adolph &
City Council Members
P.O. Box 1504
La Quinta, CA 92253
Dear Mayor Adolph and Council Members.
I am contacting you in support of the proposed use of the beautiful La Quinta Civic
Center Campus for the La Quinta Arts Festival 2005.
While visiting the proposed site on May 20th, I could see that the Civic Center Campus
would provide a gorgeous setting for the participating artists and the citizens of your
community alike.
Additionally, I could think of no better use for such a lush community resource than for
the promotion of arts and culture. While business at local restaurants and other
establishments would benefit from the draw of this well respected event, the proceeds
channeled through the La Quinta Arts Foundation are re -invested in the community in
scholarship programs that enrich your city.
Finally, on a personal note, I would be so pleased to participate in an event held at this
location. The look and feel of the Civic Center Campus is perfect for the celebration of
beauty!
Sincerely, Luc Chamberlain
Artist Advisor, La Quinta Arts Foundation
231
JUN 1 2004
POTTER OF LA QUINTA CA
ELLIOTT NEWTON
54360 AVENIDA RAMIREZ fit*
LA QUINTA CA 92253
DEAR MAYOR DON ADOLPH AND CITY COUNCIL
MEMBERS,
AS A ARTIST ADVISOR FOR THE LA QUINTA
ART FOUNDATION I CAN'T TELL YOU HOW
WONDERFUL THE NEW CITY PARK WOULD BE
FOR THE UPCOMING MARCH ART FESTIVAL.
HAVING THE FESTIVAL THERE WOULD PROVE
BENEFICIAL TO THE LOCAL ECONOMY OF OLD
TOWN AND SURROUNDING SMALL BUSINESSES.
AS A FORMER BUSINESS OWNER MYSELF,
FESTIVALS AND LOCAL VENUES INCREASED
FOOT TRAFFIC THAT ADDED A INCREASE IN
REVENUE. AS A RESIDENT AND ART ADVISOR, I
SUPPORT THE CITY PARK LOCATION. HOPEFUL
THE MAYOR AND CITY COUNCIL WILL SUPPORT
IT TO.
ELLIOTT NEWTON
232
Y
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: June 1, 2004
CONSENT CALENDAR:
ITEM TITLE: Consideration of Community Services STUDY SESSION:
Commission Work Plan for Fiscal Year 2004-05
PUBLIC HEARING:
RECOMMENDATION:
As deemed appropriate by the City Council.
FISCAL IMPLICATIONS:
Fiscal commitments will be minimal and based on projects undertaken by the
Community Services Commission per the approved Work Plan.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The Community Services Commission (Commission), at its April 19, 2004 meeting,
approved the final draft of the 2004-05 Work Plan. The City Council considered
the Commission's Work Plan at the May 4, 2004 City Council meeting and
expressed concern that the tasks were too broad and were not being accomplished.
The work plan was referred back to the Commission for revision, as provided in
Attachment 1.
The Commission reviewed the tasks in the work plan at the May 10, 2004
meeting, and has made revisions in the following areas:
Task: Community Services/Recreation
Each Commissioner will attend one recreation program or class each
season to evaluate the program or class effectiveness using a standard
evaluation form and will recommend comprehensive solutions to
deficiencies
C( 233
Each Commissioner will review the Community Services Department
brochure each season and make specific recommendations for new
programs, classes or excursions
Task: Park Development
Review proposed park development projects for appropriateness for
the community
Host public meetings for proposed park projects
Task: Liaison to the Community
Promote recreation and leisure programs in La Quinta
Attend Mayor's Luncheon, Senior Center classes and programs, and
Chamber of Commerce functions and provide a report to the
Commission on a timely basis
Invite service provider representatives to the Commission meetings to
inform the Commission of available services to the community
Task: Community Unity
Conduct Youth Workshop to gather input from the youth of the
community regarding current and possible future programs
Conduct the Community Picnic and City Birthday celebration the
weekend closest to May 1 of each year
Host the annual Tree Lighting Ceremony and other special events in
conjunction with the Cultural Arts Commission
Task: Safety
Provide information to residents on available services by attending
various functions and sharing information
Promote safe facilities by visiting City facilities and taking note of
conditions and reporting same to the Community Services Director
Attachment 2 provides a redline version of the work plan. Attachment 3 is a final
draft of the Commission Work Plan for Fiscal Year 2004-05.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
-- 02
234
1. Approve the Community Services Commission's 2004-05 Work Plan; or
2. Do not approve the Community Services Commission's 2004-05 Work Plan;
or
3. Provide staff with alternative direction.
Res t ctfully ubmitted,
Dodie Horvitz; Co Vmunity Services Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Minutes from the May 4, 2004 City Council Meeting
2. Redline Version of the Community Services Commission
2004-05 Work Plan
3. Final Version of the Community Services Commission
2004-05 Work Plan
C3
City Council Minutes � ATTACHMENT 1 May 4, 2004
4. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO RECEIVE BIDS
�-- FOR THE CITYWIDE LANDSCAPE MAINTENANCE CONTRACT, PROJECT
NO. 2004-05.
5. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH
LANDMARK CONSULTANTS, INC. FOR INSPECTION AND TESTING
SERVICES FOR THE CITY LIBRARY, PROJECT NO. 2000-06.
6. APPROVAL OF THE PROJECT SPECIFICATIONS. AND BID DOCUMENTS
AND AUTHORIZATION TO ADVERTISE FOR BID THE FISCAL YEAR
2003/2004 SLURRY SEAL AND RESTRIPING PROGRAM, PROJECT NO.
2004-03.
7. APPROVAL OF CITY COUNCIL GOALS.
8. DENIAL OF CLAIM FOR ' DAMAGES FILED BY ALAN SEMAN, DATE OF
LOSS: FEBRUARY 17, 2004.
MOTION — It was moved by Council Members Sniff/Henderson to approve
the Consent Calendar as recommended and amended with the exception of
Item No. 2. Motion carried unanimously. MINUTE ORDER NO. 2004-47.
BUSINESS SESSION
1. CONTINUED CONSIDERATION OF A RELOCATION PLAN FOR THE VISTA
DUNES AFFORDABLE FAMILY HOUSING PROJECT.
Council concurred to consider this item at 7:00 p.m. as requested in the
staff report.
2. CONSIDERATION OF COMMUNITY SERVICES COMMISSION WORK. PLAN
FOR FISCAL YEAR 2004/2005.
Community Services Director Horvitz presented the staff report.
Council Member Henderson stated after listening to the Commission tapes,
she feels some of the Commissioners are uncertain about their
responsibilities on the Commission. In referencing Page 4 of the staff report,
she questioned how much "analyzing" the Commission does of the
programs, and voiced concern about including it in the Work Plan unless
defined differently: She also asked about their involvement with the Parks
and Recreation Master Plan and the Trails Master Plan.
City Council Minutes 4 May 4, 2004
Ms. Horvitz stated the term "analyze" was taken directly from the Municipal
Code. She added the Commissioners review the programs each month but
do not discuss if each one is meeting the needs of the community. She
stated the Commission has reviewed the Parks and Recreation Master Plan
but does not do it annually, nor have they reviewed the Trails Master Plan.
Council Member Henderson stated she is uncomfortable including the level of
tasks that are not being done.
Ms. Horvitz indicated "as these projects become available" can be added to
the language instead of denoting annual reviews.
Council Member Henderson stated she feels the Commission should review
and provide input on the Trails Master Plan. She also feels it's unrealistic for
the Commissioners to attend some of the functions listed under "Liaison to
the Community." She understands the School Board meetings are attended
by one of the Commissioners but has never heard a report back from those
meetings. She also feels it's unfortunate the Commissioners were not aware
they can attend the Mayor's Luncheon.
Ms. Horvitz stated an item can be added on the Community Services
Commission agenda for the Commissioners to report when they do attend
other meetings.
Council Member Henderson suggested finding out if CVAG has put together
a manual of all safety, mental health, and self-help agencies, and getting
copies for the Commissioners.
Council Member Perkins voiced concern that the Commission may lose sight
of individual projects with such a large menu of tasks.
Council Member Osborne stated if any of the Commissioners are attending
the School Board meetings, he would like to see a summary of what is
discussed because those meetings are held the same day as the Council
meetings.
Council Member Sniff questioned why the Commissioners would participate
in the American Red Cross, CVAG, and La Quinta Fire Department.
Ms. Horvitz indicated the task is to encourage community involvement in
these activities, which can be featured in the Chamber newsletter and
Community Services brochure.
in5
237
City Council Minutes 5
May 4, 2004
Council Member Sniff questioned how productive the Commission can be
with this many tasks given the limited amount of hours they meet. He also
asked how they monitor programs.
Ms. Horvitz noted by attending the leisure programs, the Commissioners can
monitor the attendance and content and ask participants if the program is
meeting their needs. She stated some have indicated an interest in the
Vector Control District. The Commission has hosted public meetings for the
skate park and the, La auinta Community Park.
Council Member Sniff stated he feels the Commission should cut back. on
some of the tasks and concentrate on doing a few things well. He
referenced the possibility of merging the Community Services Commission
and Cultural Arts Commission.
Mayor Adolph suggested changing "analyze" to "review," and stated he
hopes the Commission reviews the last picnic/concert to see what can be
done to make it better and. get better attendance in the future.
Council Member Perkins agreed with considering the possibility of merging
the two Commissions.
Mayor Adolph noted staff can review that and bring it back to Council.
Council Member Henderson stated she feels there are clearly some activities
that both Commissions should be involved in. She suggested sending the
Work Plan back to the Commission for revision based on -the discussion
today. She noted changing "analyze". to "review" would require an
amendment to the City Code.
MOTION — It was moved by Council Members Henderson/Sniff to refer the
Community Services Commission Work Plan back to the Commission for
revision. Motion carried unanimously. MINUTE ORDER NO. 2004-48.
3. CONSIDERATION OF PURCHASING AN INFLATABLE SHELL FOR THE CIVIC
CENTER CAMPUS AMPHITHEATER.
Community Services Director Horvitz presented the staff report.
Council Member Sniff stated he does not support purchasing the inflatable
shell. He also feels the Commission should have asked staff to research
Council's interest in this before spending so much time on this.
e6
238
ATTACHMENT 2
COMMUNITY SERVICES COMMISSION PHILOSOPHY
The general purpose of the Community Services Commission is to encourage the
development of a planned and orderly approach to the delivery of leisure and
community services in the City.
The objectives of the Commission are to:
♦ Serve in an advisory capacity to the City Council on identifying
matters pertaining to recreation and community services
♦ Communicate the availability of services to citizens through both
private and public resources to avoid duplication and conflict of effort
♦ To evaluate the effectiveness of services provided
ASSIGNMENT ITEMS: PAGE
Community Services/Recreation 2
Park Development 3
Liaison To The Community 4
Community Unity 5
Safety 6
Advisory Body To City Council 7
.............................. ...................................... ....................................................
D..._......................._ _ ......_ ..._ ........_ .....
_ ........................eleted:.......
.._ ......__ .............._ ..........._ ._ ..............
.1 ........................._...........................................................
�
24
Task:
Community Services/Recreation
Completion Date:
On -going
Participants:
Commissioners
Suggested Resources:
Leisure and Recreation Program Providers
Steps To Completion
X<-.)cjl Conimissioner will atte ` d one._r creation
. _. .
r�trS�!��¢at Y t.l'ye
P rogr��i_r) ,��=, _cl£�ss e,.y h ser SifsL�°y�y
��to
d.
....... ........ .........
evaluation fora and recommend
.... _....... ............................. ....... ......................._._............................................ ......................... ..........._........................... ...............
....._._...__
c o.mf rehensive solutions to ...deck deficiencies
Each Commissioner will review the
....__....._...._.._....__.__.__......__..._.._.__.._....__._.__._.__..._......__.W..
_...._........__..._._.........__.._.._._...................._......._............._.........._._..........._......_.................._...._._.._........
____
.. _.....___....__._.__.............. ..�...... .___..__....
Corrxm.unity....._._Servi.ces .Department brochure
each season _._. __ and _______.make .___ specific
recommendations for new pjograrns, classes
or excursions
Staff Time:
One to two hours per month, depending on
issues
Fiscal Commitment: None
Staff Role: Provide support and liaison to the City
Council
Council Role: Provide approval for Commission to fulfill this
assignment
Reference: Chapter 2.95.040 (a)(1): Analyze community
service's program effectiveness and needs,
and recommend comprehensive solutions;
Chapter 2.95.040 (a)(8): Propose recreation
and social programs;
(14): Make recommendations to the City
Council relating to the need for evaluation
and planning of the community service
delivery system;
2
Deleted: Work with Community
Services Director on community
service issues
240 08
(18): Evaluate and make recommendations
concerning existing services with regard to
service overlap or gaps.
241 f-� 9
Task:
Completion Date:
Participants:
Suggested Resources:
Park Development
On -going
Commissioners
Park and Recreation Master Plan, La Quinta
General Plan
.t ...._! '...._ r pf tJ.21i......................................................................................_ �-ev.i _�r.........1?r.�. s c...-I r ..._cf. e r r :.....
fob:.._a.p.prp.pris.t ness....for...the _t�.rr.?r un1t.
Host public _ meeting for err>posed park
rc"o.
f .................'...._...,............................................ ......................................... .......................
Deleted: Steps To
r---------------------------------------------------------------------------------- Completion:. ♦ . Review and comment
Staff Time: 2-10 hours per ,pr i? ..c:t i on Parks and Recreation Master Plan
annually¶
Review Trails Master Plan¶
Fiscal Commitment: Pursuant to projects Review proposed Park Development
projects¶
Formatted: Font Not Bold
Staff Role: Provide support and liaison to the City .... .-........�......--
Council Deleted: week
Council Role: Include the Commission in the design and
development process, screening and selection
of professional firms, and conduct public
hearings. Review and consider Commission
recommendations
Reference: Chapter 2.95.040(a)(3):Prepare and maintain
community services master plans;
(5): Serve as a public forum and conduct
public hearings for recreation and human
services concerns;
(11): Review individual park master plans for
recommendation to City Council.
4
242
Task:
Liaison To The Community
Completion Date: On -going
Participants: Commissioners
Suggested Resources: Community Services Department Program
Brochure, Chamber of Commerce
Newsletter, Desert Sands Unified School
District, other community agencies and
organizations
Steps To Completion: ♦ ,promote recreation and leisure programs in
Deleted: . Monitor, review and
............................................................................................................
La Quinta
Deleted: p
♦ AttendMayor's Luncheon; Senior
Deleted
Center ,Isc rr� �rra rrs rri� Chamber
Deleted: Functions
......................
Functions and ...........p.r .vide.....................�:e.1�o_r_..........:�o..........the
Deleted.,
Commission on a timely basis
_._..........._.._._.._.__........._......_..........._.._.................
_... .. ..
.. ... ...... ... .
Invite sPlVl� E? rovliler r� r€'s�'I1�aiIVPS its the
Deleted: school board meetings,
rneetin s -to i"f�t1 the
. ........_._._._.. .._.._.... ._..._._....
and other agency
ency meetingsCommission
Report on Commission actions,
Commission of services available to the
conduct public forums to gather
..................................................................................................................................................................................................................
................................................
opinion upon Council approvall
C?mltiiili
Staff Time: One to two hours per month
Fiscal Commitment: None
Staff Role: Provide support and liaison to the City
Council.
Council Role: Provide Commission with specific methods as
to how to best represent the Council.
Reference: Chapter 2.95.040 (a)(12) Aid in coordinating
the recreation services of other governmental
agencies and volunteer organizations;
(13) Make recommendations to the City
Council on community issues.
5
Task:
Community Unity
Completion Date:
On -going
Participants:
Commissioners
Suggested Resources:
Community Resources and Agencies
Steps To Completion:
♦ Conduct Community Youth Workshop
to gather input from the ...yq_ :t.._ :...:t1i'e
....
community regarding current a_ .... _ ssibl
fLAure programs
♦ ,Conduct the Community Picnic and
City Of La Quinta's "Birthday" Celebration
the weekend closest to May 1 of each year
♦ .........._.._. Host the n lual Tree Li�h.tin
Cereroly end other special events in
cc nju.nction with ..the..Cultural Arts
Commission
Staff Time:
50-80 hours per event
Fiscal Commitment:
$1,400
Staff Role:
Provide support and liaison to the City
Council.
Council Role:
Provide Commission with direction/comment
Reference:
Chapter 2.95.040 (a)(17):Foster mutual
understanding and respect among racial,
religious, cultural and nationality groups.
6
Deleted: < #> Encourage
participation in recreational,
cultural, social, educational, health
related and safety programsl
Deleted: include the
Formatted: Bullets and Numbering
244
12
Task:
Safety
Completion Date: On -going
Participants:
Commissioners
Suggested Resources:
ariou's p.ubljc a9enC1es Ire the community
....... .. ...... ........................ ................
Deleted: Cachet kits, brochures,
pamphlets, ASTM Standard
Consumer Safety Performance
Steps To Completion:
♦ ,�'rovide information to residents on_�<ia>s t;
c_.,
sped or Play Equipment
Specifications f
S� r�aices I) atts.ndirl� vault us ir�r�ctlt�lr� @
.
for Public Use _.
................................ ..................................... ...... ..
♦ ,Promote safe facilities by visitin Cit
Formatted: Normal, Tabs. Not at
facilities and takingnote of condition and
...._.............._........I....._........_._.._.c
............................ ...................... ........................ .
Deleted:
re ortln condition to the Cornn�runq
.....___.............................._......._.........._...._....____.......__...........__........._._.__............._.........__._.......__.._.__...._...... _.
' Deleted: Encourage participation in
Services Direc for
American Red Cross, CVAG, LQ
Fire Dept., Volunteers for Increased
t % Public Safety (YIPS) and other local
Staff Time:
One to two hours per month
,,, serviced
Formatted: Bullets and Numbering
Fiscal Commitment:
None
Deleted: <#>Provide Disaster
Preparedness Information]
Staff Role:
Advise Commission of meetings and provide
support and liaison to the Community Safety
Manager
Council Role: Provide approval for Commission to fulfill this
assignment
Reference: Chapter 2.95.040 (a)(16): Encourage and
promote understanding and cooperation
between the public safety agencies and the
residents;
Chapter 2.95.040 (10): Review parks
maintenance standards and quality.
7
1: 3
245
Task: Advisory Body to City Council
Completion Date:
On -going
Participants:
Commissioners
Suggested Resources:
To Be Determined
Steps To Completion:
♦ Be actively involved in City issues and
concerns
Receive direction from City Council and take
action as directed, accept assignments
♦ Maintain communication with the City
Council
♦ Attend annual training workshops,
schools and conferences to improve
Commissioner performance
♦ Provide annual work plan for Council
review, comment and approval
♦ Review grant opportunities and make
recommendations for funding to the City
Council
Staff Time:
4-6 hours per month
Fiscal Commitment:
None
Staff Role:
Provide support and liaison to the City
Council.
Council Role:
Provide Commission with specific direction as
to how to better assist the Council. Provide
opportunities to meet with Council through
joint meetings.
Reference:
Chapter 2.95.020 (a): to serve as an advisory
capacity to the City Council; 2.95.040 (a)(4):
receive and act on all assignments made by
City Council; 2.95.040 (a)(5) Serve as a
8
246
w4.�.
ATTACHMENT 3
COMMUNITY SERVICES COMMISSION PHILOSOPHY
The general purpose of the Community Services Commission is to encourage the
development of a planned and orderly approach to the delivery of leisure and
community services in the City.
The objectives of the Commission are to:
♦ Serve in an advisory capacity to the City Council on identifying
matters pertaining to recreation and community services
♦ Communicate the availability of services to citizens through both
private and public resources to avoid duplication and conflict of effort
♦ To evaluate the effectiveness of services provided
ASSIGNMENT ITEMS: PAGE
Community Services/Recreation 2
Park Development 3
Liaison To The Community 4
Community Unity 5
Safety 6
Advisory Body To City Council 7
Task:
Completion Date:
Participants:
Suggested Resources:
Community Services/Recreation
On -going
Commissioners
Leisure and Recreation Program Providers
Steps To Completion Each Commissioner will attend one recreation
program or class each season to evaluate the
program effectiveness using a standard
evaluation form and recommend
comprehensive solutions to deficiencies
Each Commissioner will review the
Community Services Department brochure
each season and make specific
recommendations for new programs, classes
or excursions
Staff Time: One to two hours per month, depending on
issues
Fiscal Commitment: None
Staff Role: Provide support and liaison to the City
Council
Council Role: Provide approval for Commission to fulfill this
assignment
Reference: Chapter 2.95.040 (a)(1): Analyze community
service's program effectiveness and needs,
and recommend comprehensive solutions;
Chapter 2.95.040 (a)(8): Propose recreation
and social programs;
(14): Make recommendations to the City
Council relating to the need for evaluation
and planning of the community service
delivery system;
2
0 8): Evaluate and make recommendations
concerning existing services with regard to
service overlap or gaps.
249 ti-
Task: Park Development
Completion Date: On -going
Participants: Commissioners
Suggested Resources: Park and Recreation Master Plan, La Quinta
General Plan
Steps To Completion: Review proposed park development projects
for appropriateness for the community
Host public meetings for proposed park
projects
Staff Time: 2-10 hours per project
Fiscal Commitment: Pursuant to projects
Staff Role: Provide support and liaison to the City
Council
Council Role: Include the Commission in the design and
development process, screening and selection
of professional firms, and conduct public
hearings. Review and consider Commission
recommendations
Reference: Chapter 2.95.040(a)(3):Prepare and maintain
community services master plans;
(5): Serve as a public forum and conduct
public hearings for recreation and human
services concerns;
(1 1): Review individual park master plans for
recommendation to City Council.
2 750
Task: Liaison To The Community
Completion Date: On -going
Participants: Commissioners
Suggested Resources: Community Services ' Department Program
Brochure, Chamber of Commerce
Newsletter, Desert Sands Unified School
District, other community agencies and
organizations
Steps To Completion: ♦ Promote recreation and leisure programs in
La Quinta
♦ Attend Mayor's Luncheon; Senior
Center classes and programs and Chamber
Functions and provide a report to the
Commission on a timely basis
♦ Invite service provider representatives to
the Commission meetings to inform the
Commission of services available to the
community.
Staff Time: One to two hours per month
Fiscal Commitment: None
Staff Role: Provide support and liaison to the City
Council.
Council Role: Provide Commission with specific methods as
to how to best represent the Council.
Reference: Chapter 2.95.040 (a)(12) Aid in coordinating
the recreation services of other governmental
agencies and volunteer organizations;,
(13) Make recommendations to the City
Council on community issues.
5
9
251 "
Task:
Community Unity
Completion Date:
On -going
Participants:
Commissioners
Suggested Resources:
Community Resources and Agencies
Steps To Completion:
♦ Conduct Community Youth Workshop
to gather input from the youth of the
community regarding current and possible
future programs
♦ Conduct the Community Picnic and
City Of La Quinta's "Birthday" Celebration
the weekend closest to May 1 of each year
♦ Host the annual Tree Lighting
Ceremony and other special events in
conjunction with the Cultural Arts
Commission
Staff Time:
50-80 hours per event
Fiscal Commitment:
$1,400
Staff Role:
Provide support and liaison to the City
Council.
Council Role:
Provide Commission with direction/comment
Reference: Chapter 2.95.040 (a)(17):Foster mutual
understanding and respect among racial,
religious, cultural and nationality groups.
6
252 ;,p
Task:
Completion Date:
Participants:
Suggested Resources:
Safety
On -going
Commissioners
Various public agencies in the community
Steps To Completion: ♦ Provide information to residents on
available services by attending various
functions
♦ Promote safe facilities by visiting, City
facilities and taking note of condition and
reporting condition to the Community
Services Director
Staff Time: One to two hours per month
Fiscal Commitment: None
Staff Role: Advise Commission of meetings and provide
support and liaison to the Community Safety
Manager
Council Role:
Provide approval for Commission to fulfill this
assignment
Reference: Chapter 2.95.040 (a) (16) : Encourage and
promote understanding and cooperation
between the public safety agencies and the
residents;
Chapter 2.95.040 (10): Review parks
maintenance standards and quality.
2531
Task: Advisory Body to City Council
Completion Date: On -going
Participants: Commissioners
Suggested Resources: To Be Determined
Steps, To Completion: ♦ Be actively involved in City issues and
concerns
Receive direction from City Council and take
action as directed, accept assignments
♦ Maintain communication with the City
Council
♦ Attend annual training workshops,
schools and conferences to improve
Commissioner performance
♦ Provide annual work plan for Council
review, comment and approval
♦ Review grant opportunities and make
recommendations for funding to the City
Council
Staff Time: 4-6 hours per month
Fiscal Commitment: None
Staff Role: Provide support and liaison to the City
Council.
Council Role: Provide Commission with specific direction as
to how to better assist the Council. Provide
opportunities to meet with Council through
joint meetings.
Reference: Chapter 2.95.020 (a): to serve as an advisory
capacity to the City Council; 2.95.040 (a)(4):
receive and act on all assignments made by
d�
254
City Council; 2.95.040 (a)(5) Serve as a
public forum and conduct public hearings for
recreation and human service concerns;
2.95.060 (C): The City Council shall
periodically review the progress of the
Commission;
2.95.040 (a)(2): Make recommendations to
the City Council for research and solicitation
of grants and donations.
S:\Community Services\Community Services Commission\2003-04 Final Work Plan..doc
9
255
COUNCIL/RDA MEETING DATE: ,tune 1, 2004
ITEMTITLE: Consideration of Cultural Arts
Commission Work Plan for Fiscal Year 2004-05
RECOMMENDATION:
As deemed appropriate by the City Council.
FISCAL IMPLICATIONS:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Fiscal commitments will be minimal and based on projects undertaken by the
Cultural Arts Commission per the approved Work Plan.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The Cultural Arts Commission (Commission), at its May 13, 2004 meeting;
approved a final draft of the 2004-05 Work Plan and is submitting it for City
Council consideration. Based upon the City Council's comments regarding the
Community Services Commission's first submittal of their work plan, the Cultural
Arts Commission evaluated each task as to the ability of the Commission to obtain
results.
The Commission is submitting the following tasks for consideration by the City
Council:
Task: Placement of Public Art
Review proposed art work in relationship to the site and
appropriateness of scale and proposed budget
256
Make a recommendation to the City Council regarding the art work and
recommend the appropriation of Art in Public Places funds to be
committed to the project
Develop an art maintenance program based upon the needs of each art
piece
Task: Temporary Art Placement Program
The Commission would like to delete this task from the work plan as it
felt that the Temporary Art Loan Agreement approved the City Council
places the entire liability issue on the artist, making the program
unattractive to artists to display their work through this program
Task: Develop Public Art Program Information
Commissioners to design and draft contents of information for
Commission's review and approval and City Council consideration;
Information to be published in the GEM, the Community Services
Department seasonal brochure and other appropriate City publications
Task: Coachella Valley Cultural Conferences, Workshops and Events
In conjunction with the Community Services Commission, participate
in the annual Tree Lighting Ceremony, Community Picnic and Birthday
Celebration and other special events as deemed appropriate by the
City Council
Work with the Coachella Valley Arts Alliance to host symposia and
other cultural events as deemed appropriate by the City Council
Task: Meet the La Quinta Artist
Host an annual event in which La Quinta artists, of all medium, are
invited to display their work, to be included with a cultural
performance or workshop
The Commission has expressed concern regarding soliciting donations for events
that they are not responsible for planning. However, the Commission would solicit
donations for special events if so directed by the City Council.
The Commission has removed the task of offering a "Concert Under the Stars" as
they feel that the community has not supported such an event.
C2
257
Attachment 1 provides a redline version of the work plan while Attachment 2 is a
final draft of the Commission Work Plan for Fiscal Year 2004-05.
FINDINGS AND- ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the Cultural Arts Commission's 2004-05 Work Plan; or
2. Do not approve the Cultural Arts Commission's 2004-05 Work Plan; or
3. Provide staff with alternative direction.
Respectfully pubmitted,
Rffr�
ie Horvitz, Co
Attachments:
munity Services Director
Approved for submission by:
41
Oz,,—
Thomas P. Genovese, City Manager
1. Redline Version of the Cultural Arts Commission 2004-05
Work Plan
2. Final Version of the Cultural Arts Commission 2004-05
Work Plan
03
258
ATTACHMENT 1
Cultural Arts Commission Work Plan July 2004
Task: Annual Work Plan
Completion Date: May 20gF Deleted 4
Participants: Commissioners
Suggested Resources: Commissioners, Staff
Commissioner Steps to Completion: • Review existing assignments, and
programs being offered by other Cities
and organizations that offer cultural
events
• Suggest programs to fill any voids
Commission Time:
1-2 hours per plan
Staff Time:
3-4 hours per plan
Fiscal Commitment:
None
Staff Role:
Provide support and act as liaison to City
Council
Council Role:
Review and approve Work Plan
Goal:
Chapter 2.75.040 (4) of Ordinance 317:
"Make recommendations to the City Council
concerning the resources and needs on the
subject of the arts..."
2
C4
29
Cultural Arts Commission Work Plan July 2004
Task:
Placement of Public Art
Completion Date:
On -going
Participants:
Commissioners, Staff
Suggested Resources:
Commissioners, City Council, Residents
Commission Steps To Completion:
• ...
Deleted: Inventory current artwork
.. ... .. ....
• ,Review the proposed artwork in
and sites
reltlarllo t% side and
.............................................hip........................ .....•••..•....•.....•••.••
Deleted: <#>Schedule artist for
Cultural Arts Commission meetingl
aipro . nateness of wale and Drop�sedf
.......................................................................................................................
• Make a recommendation to the City
Council regarding the artwork and
recommend the appropriation of a
specific amount to be committed to
the sites
- Formatted: Font: Bold
---------------------------------------
• Develop are art maintenance ante program
t------- Formatted: Bullets and Numbering
based upon the needs of each art
piece
Commission Time:
5 hours per project
Staff Time:
10-12 hours per project
Fiscal Commitment:
Funds appropriated from the Art in Public
Places Account
Staff Role:
Consider site, art piece and appropriation of
funds
Council Role: Art placement subject to final City Council
approval.
Goal: Chapter 2.75.040 (12) The Commission will
submit to the City Council a recommendation
for ratification of public art to be financed by
the Art in Public Places program. (15) The
Commission will make recommendations to
the City Council for the commissioning of
artworks, the purchase or lease of art sites,
3
C,5
260
Cultural Arts Commission Work Plan
July 2004
agreements for the purchase and display of
artwork, or the repair, maintenance or
servicing of artwork.
!' 6
261
Cultural Arts Commission Work Plan July 2004
Task:-ielete Formatted: Strikethrough
Pro . ._ ...
Formatted: Strikethrough
Completion Date: On -going
Participants:
Suggested Resources:
Commission Steps To Completion:
Commission Time:
Staff Time:
Fiscal Commitment:
Staff Role:
Council Role:
Commissioners
Commissioners, local artists and art galleries
• Notify artists that the program exists
Once requests have been received,
work with developers/land owners and
artists to select a site specific art
piece for a location for City Council
consideration
........... Obtain Council approval
10 hours per project
4-6 hours
None at this time
Provide support and act as a liaison to City
Council
Review and approve site and artwork.
Goal: Chapter 2.75.040 (4) Make
recommendations to the City Council
concerning the resources and needs of the
community on the subject of the arts,
opportunities for participation of artists and
performers in City sponsored activities, and
ways to encourage community involvement.
5
t------ Formatted: Bulleted + Level: 1 +
Aligned at: 3.25" + Tab after: 3.5"
+ Indent at: 3.5"
rl
262
Cultural Arts Commission Work Plan July 2004
Task: Develop Public Art Program Information
Completion Date: On -going
Participants: Commissioners, Staff
Suggested Resources: Staff, Commissioners, printed materials,
activity calendars, lists of organizations
Commission Steps To Completion:
•
"
Deleted: Work with City Council to
• Commissioners to design and draft
determine the best method to
inform the public about the
contents of the information for
locations of Public Art ......................................
rC)v j
Commission's review and 4)p �
Deleted: recommendation
acid City Council c onsideratior-L
Deleted: to the City Council for
.............................................................................................................................................
• Information t€� be Published in the
....._._...................._ ..- ..._......... .............. .
;their approval ;
..................................................................................... ..............................
GEM, the Community S _rvices
._.
l:�epartment seasonal brochure and
_...... .
iatl'r cr3rC�ric[i' l%'uIic �rlions
Deleted: Publish information in
._._.__ _._ _ _____�____._ _ .___.... ... .... .
current City brochures, on the City's
Website and Chamber of Commerce
Commission Time:
15-20 hours per month
map
Staff Time:
6-8 hours per publication
Fiscal Commitment:
Costs would need to be determined for the
printing
Staff Role:
Provide support and liaison with City Council
Council Role:
Consideration of content and funding
Goal:
Chapter 2.75.040 (4) Make
recommendations to the City Council
concerning the resources and needs of the
community on the subject of the arts,
opportunities for participation of artists and
performers in City sponsored activities and
way to encourage community involvement.
G
rs
263
Cultural Arts Commission Work Plan
|'Task:
Completion Date -
Participants:
Suggested Resources:
July 2004
Coachella Valley Cultural Conferences,
Workshops, & Events
On -going
Commissioners, City Council
Community members, City Council,
Coachella Valley Cities, private cultural arts
interests, State and Federal sources, and
other appropriate organizations
Com
m
ission Steps Stepmtn Completion: w
Services Commission, participate
Communitv Picnic and Birthdav
Celebration and other special events
��u [�i�............................ '--...............
w Participate inthe mnnue|/4rdot_____`
Partnership Day
* Work with the Coachella Valley LrLs
Alliance -to h.q.s..t sy.rIlp
q.§ja and other
| | d dappropriate
Council,bV the City '
Commrnhomhxn Time: Up to 100 hours per event
Staff Time: Upto8Ohours per event
F|mcm| Commitment: Up to $10,000 per event and uptoa nnex|omumn of
$40'000 per year for four events.
Staff Role: Provide oupport'and act as o liaison to City Council
Council Role: Review purpose of conferences, workshops 8k mvmnxm and
consider participation and budgets for events
tFormatted: Top: 0.81", Bottom:
0.31" !7_1
i Deleted: Recommend for City
Council consideration one proposed
educational conference, workshops
& possibly three events such as
concerts, dances, puppet shows,
chorale and mimes
Deleted: Holiday Tree Lighting
Ceremony and
Deleted: Cities toll
---
determine proposed speakers and
budget for consideration by Councill
# >Solicit contributions to off -set
the cost of the program as approved
by the City Councill
Conduct the conferences
tFormatted: Top: 0.81", Bottom:
0.31" !7_1
i Deleted: Recommend for City
Council consideration one proposed
educational conference, workshops
& possibly three events such as
concerts, dances, puppet shows,
chorale and mimes
Deleted: Holiday Tree Lighting
Ceremony and
Deleted: Cities toll
---
determine proposed speakers and
budget for consideration by Councill
# >Solicit contributions to off -set
the cost of the program as approved
by the City Councill
Conduct the conferences
Cultural Arts Commission Work Plan July 2004
Goal: Chapter 2.75.040 (6) Work cooperatively with City boards,
commissions and committees, and other public and private
organization in promoting art and cultural 4-ctivities within the
City.
4------- {Formatted: Right: 0.56"
....................................................................................................................
Deleted: a
n
265.
Cultural Arts Commission Work Plan July 2004
Task:
Completion Date:
Participants:
Suggested Resources:
Commission Steps To Completion:
Commission Time:
Staff Time:
Fiscal Commitment:
Staff Role:
Council Role:
Goal:
"Meet the La Quinta Artists"
Annually
Commissioners
Commissioners, Staff, Residents, Media
sources
• Host an annual event in which La
auinta artists are invited to display
their work, including artists of all
medium, to be included with a cultural
performance or workshop.
5 hours per event
5 hours per event
None
Provide support and act as liaison to
City Council
Provide direction, review and consider
the program
Chapter 2.75.040 (10) Develop public
art awareness through the
presentations of speakers, forums,
mixers and special events.
10
11
26f
ATTACHMENT 2
Cultural Arts Commission Work Plan July 2004
Task: Annual Work Plan
Completion Date: May 2005
Participants: Commissioners
Suggested Resources: Commissioners, Staff
Commissioner Steps to Completion: • Review existing assignments, and
ro rams being offered by other Cities
Commission Time:
Staff Time:
Fiscal Commitment:
Staff Role:
Council Role:
Goal:
p g
and organizations that offer cultural
events
• Suggest programs to fill any voids
1-2 hours per plan
3-4 hours per plan
None
Provide support and act as liaison to City
Council
Review and approve Work Plan
Chapter 2.75.040 (4) of Ordinance 317:
"Make recommendations to the City Council
concerning the resources and needs on the
subject of the arts..."
2
26� 12
Cultural Arts Commission Work Plan
Task:
Completion Date:
Participants:
Suggested Resources:
Commission Steps To Completion:
Commission Time:
Staff Time:
Fiscal Commitment:
Staff Role:
Council Role:
July 2004
Placement of Public Art
On -going
Commissioners, Staff
Commissioners, City Council, Residents
• Review the proposed artwork in
relationship to the site and
appropriateness of scale and proposed
budget
• Make a recommendation to the City
Council regarding the artwork and
recommend the appropriation of a
specific amount to be committed to
the site
• Develop an art maintenance program
based upon the needs of each art
piece
5 hours per project
10-12 hours per project
Funds appropriated from the Art in Public
Places Account
Consider site, art piece and appropriation of
funds
Art placement subject to final City Council
approval.
Goal: Chapter 2.75.040 (12) The Commission will
submit to the City Council a recommendation
for ratification of public art to be financed by
the Art in Public Places program. (15) The
Commission will make recommendations to
the City Council for the commissioning of
artworks, the purchase or lease of art sites,
3
2�68
Cultural Arts Commission Work Plan
July 2004
agreements for the purchase and display of
artwork, or the repair, maintenance or
servicing of artwork.
4
4.69
Task:
Completion Date:
Participants:
Suggested Resources:
Commission Steps To Completion:
Commission Time:
Staff Time:
Fiscal Commitment:
Staff Role:
Council Role:
Develop Public Art Program Information
On -going
Commissioners, Staff
Staff, Commissioners, printed materials,
activity calendars, lists of organizations
• Commissioners to design and draft
contents of the information for
Commission's review and approval
and City Council consideration
• Information to be published in the
GEM, the Community Services
Department seasonal brochure and
other appropriate City publications
15-20 hours per month
6-8 hours per publication
Costs would need to be determined for the
printing
Provide support and liaison with City Council
Consideration of content and funding
Goal: Chapter 2.75.040 (4) Make
recommendations to the City Council
concerning the resources and needs of the
community on the subject of the arts,
opportunities for participation of artists and
performers in City sponsored activities and
way to encourage community involvement.
6 �y
Cultural Arts Commission Work Plan July 2004
Task:
Completion Date:
Participants:
Suggested Resources:
Commission Steps to Completion:
Coachella Valley Cultural Conferences,
Workshops, & Events
On -going
Commissioners, City Council
Community members, City Council,
Coachella Valley Cities, private cultural arts
interests, State and Federal sources, and
other appropriate organizations
• In conjunction .with the Community
Services Commission, participate in
the annual Tree Lighting Ceremony,
Community Picnic and Birthday
Celebration and other special events
deemed appropriate by the City
Council.
• Participate in the annual Artist
Partnership Day
Work with the Coachella Valley Arts
Alliance to host symposia and other
cultural events as deemed appropriate
by the City Council
Commission Time: Up to 100 hours per event
Staff Time: Up to 60 hours per event
Fiscal Commitment: Up to $10,000 per event and up to a maximum of
$40,000 per year for four events.
Staff Role: Provide support and act as a liaison to City Council
Council Role: Review purpose of conferences, workshops & events and
consider participation and budgets for events
Goal: Chapter 2.75.040 (6) Work cooperatively with City boards,
commissions and committees, and other public and private
organization in promoting art and cultural activities within the
City.
7
271
Onq
Cultural Arts Commission Work Plan
Task:
Completion Date:
Participants:
Suggested Resources:
Commission Steps To Completion:
Commission Time:
Staff Time:
Fiscal Commitment:
Staff Role:
Council Role:
Goal:
July 2004
"Meet the La Quinta Artists"
Annually
Commissioners
Commissioners, Staff, Residents, Media
sources
• Host an annual event in which La
Quinta artists are invited to display
their work, including artists of all
medium, to be included with a cultural
performance or workshop.
5 hours per event
5 hours per event
None
Provide support and act as liaison to
City Council
Provide direction, review and consider
the program
Chapter 2.75.040 (10) Develop public
art awareness through the
presentations of speakers, forums,
mixers and special events.
272
REPORT INFORMATIONAL ITEM: /5
MINUTES
ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING
A regular meeting held at the La Quinta City Hall
78-495 Calle Tampico, La Quinta, CA
April 7, 2004 10:00 a.m.
I. CALL TO ORDER
A. This meeting of the Architectural and Landscaping Review Committee
was called to order at 10:05 a.m. by Interim Community Development
Director Oscar Orci who led the flag salute.
B. Committee Members present: Bill Bobbitt, and David Thoms. It was
moved and seconded by Committee Members Bobbitt/Thoms to
excuse Committee Member Cunningham. Unanimously approved.
C. Staff present: Interim Community Development Director Oscar Orci,
Principal Planner Stan Sawa, Associate Planners Wallace Nesbit and
Greg Trousdell, 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 March 3,
2004. There being no changes, it was moved and seconded by
Committee Members Thoms/Bobbitt to approve the Minutes as
submitted.
V. BUSINESS ITEMS:
A. Site Development Permit 2004-802; a request of the City of La
Quinta, for consideration of architectural and conceptual landscaping
plans for the SilverRock Resort Maintenance Building.
1. Interim Community Development Director Oscar Orci
presented the information contained in the staff report, a copy
of which is on file in the Community Development
Department. Staff introduced Jack Gallagher, of the Dahlin
Group, who gave a presentation of the project.
273
GAWPD0CS\ALRC\4-7-04 WD.doc
Architecture and Landscaping Review Committee
April 7, 2004
2. Committee Member Thoms stated he was not pleased with
the design. As this was a City project everything should be
really creative. The materials and approach are fine, but he
would like to see more exploration of something that shows
more than a housing for machinery. A different shape.
Maybe something round or like a hose stable with bays. Mr.
Gallagher stated this is a philosophy of the Council but it is a
budget concern. More value is being placed on the public
buildings. To break up the building would create more costs.
Committee Member Thoms emphasized the importance of this
site being developed as a special site. There is nothing wrong
with the building, but it needs to be creative.
3. Committee Member Bobbitt noted it is a dead-end street that
will not have any traffic except those working there. He has
no issue with the design of the building. Mr. Rob Parker, RGA
Landscape Design gave a presentation on the landscaping
design.
4. Committee Member Bobbitt asked who chose the plant
palette. Mr. Parker stated Pinnacle had determined the plants
to be used. The palms would be grouped at Avenue 52 and
Jefferson Street, at the water feature, and along the golf
course in groups.
5. Committee Member Thoms agreed with the look of grouping
the palms.
6. Committee Member Bobbitt commended the landscape
architects on the design and proposed plants. He expressed
concern that the maintenance facility may have difficulty in
accepting semi -trucks making deliveries. The gas pumps are
in the center of the yard. Mr. Gallagher stated it is a 110 foot
turn around. Committee Member Bobbitt asked the material
on the perimeter wall. Mr. Parker stated it has not been
determined.
7. There being no further questions of the applicant, it was
moved and seconded by Committee Members Bobbitt/Thoms
to adopt Minute Motion 2004-011 recommending approval of
Site Development Permit 2004-802, as recommended by staff
and amended:
GAWPDOCS\ALRC\4-7-04 WD.doc
274
z
Architecture and Landscaping Review Committee
April 7, 2004
a. Condition added:
creative.
Unanimously approved.
Building to be redesigned to be more
B. Site Development Permit 2003-803; a request of ND La Quinta
Partners for consideration of prototype architectural and conceptual
plans for three residential bungalow unit types.
1. Principal Planner Stan Sawa presented the information
contained in the staff report, a copy of which is on file in the
Community Development Department. Staff introduced John
Gamlin and Mark Shyer, who gave a presentation on the
project.
2. Committee Member Thoms stated he has no objection.
3. Committee Member Bobbitt asked if they would be using
wood
for the doors and windows. It has a
good look,
but
he is
concerned about how it will hold
up in the
weather.
Maintenance will be a consideration of
the HOA.
The
plant
material is fine except for the Queen
Palms as it
has
been
recently determined they are not doing
well here in
the
desert
over the long term.
4. There being no further questions of the applicant, it was moved
and seconded by Committee Members Thoms/Bobbitt to adopt
Minute Motion 2004-012 recommending approval of Site
Development Permit 2003-803, as recommended by staff.
Unanimously approved.
C. Site Development Permit 2003-804; a request of James Paul for
consideration of three commercial office buildings on 2.23 acres
within Specific Plan 99-036, located on the north side of Corporate
Centre Drive, east of Adams Street.
1. Associate Planner Greg Trousdell presented . the information
contained in the staff report, a copy of which is on file in the
Community Development Department. Staff introduced James
Paul and Antonio Santamaria.
2. Committee Member Thoms asked the material and color of the
roof tile. Mr. Santamaria stated it is a flat concrete tile to look
275
G:\WPDOCS\ALRC\4-7-04 WD.doc 3
Architecture and Landscaping Review Committee
April 7, 2004
slate in a dark green color. Committee Member Thorns stated
his concern is how the boulders would be used and would
suggest the elimination of the boulders.
3. Mr. James Paul, owner of the building, stated both buildings
have boulders and agrees the look is important to selling the use
of the building.
4. There being no further questions of the applicant, it was moved
and seconded by Committee Members Bobbitt/Thoms to adopt
Minute Motion 2004-013 recommending approval of Site
Development Permit 2003-804, as recommended by staff and
amended:
a. Condition added: Boulders to be artistically placed under
the direction of the owner.
Unanimously approved.
D. Site Development Permit 2003-805; a request of Forrest Haag, ASLA
for La Playa Properties for consideration of architectural and
landscaping for five prototypical residential plans to be located on the
north side of Avenue 52, west of Jefferson Street.
1. Associate Planner Wallace Nesbit presented the information
contained in the staff report, a copy of which is on file in the
Community Development Department. Staff introduced Forrest
Haag and Frank Stoltz who gave a presentation on the project.
2. Committee Member Bobbitt discussed the tree list. In regard to
the architecture, he has no objections.
3. There being no further questions of the applicant, it was moved
and seconded by Committee Members Thoms/Bobbitt to adopt
Minute Motion 2004-014 recommending approval of Site
Development Permit 2003-805, as recommended by staff and
amended:
a. Condition added: Eliminate the Queen palm and Mesquite
trees.
Unanimously approved.
276
G:\WPDOCS\ALRC\4-7-04 WD.doc 4
Architecture and Landscaping Review Committee
April 7, 2004
E. Site Development Permit 2004-806; a request of Kohl's Department
Stores, Inc. for consideration of architectural and conceptual plans for
the renovation of the existing vacant WalMart store located on parcel
6 of Parcel Map 25865, on the west side of Adams Street within the
Highway 1 1 1 La Quinta Center.
1. Associate Planner Wallace Nesbit presented the information
contained in the staff report, a copy of which is on file in the
Community Development Department. Staff introduced Vasilis
Pappadatos. Staff noted the signs would not be reviewed at
this time.
2. Committee Member Bobbitt stated he has no objection to the
design. He asked if the planters in the parking lot could be
increased in size. He suggested some of the trees be replaced
with a different variety. Maybe in a pattern using different
species of trees.
3. Committee Member Thorns asked that the south elevation
planting spaces be replaced with Washingtonia Robusta with
artificial ground cover. In the parking lot, the end islands should
have one tree, remove the bougainvillea, and use decomposed
granite with boulders.
4. There being no further questions of the applicant, it was moved
and seconded by Committee Members Thoms/Bobbitt to adopt
Minute Motion 2004-015 recommending approval of Site
Development Permit 2003-806, as recommended by staff and
amended:
a. Condition added: South elevation planting spaces shall
have Washingtonia Robusta and no . shrubbery, but
artificial ground cover such as pavers with boulders.
b. Parking lot islands shall have one tree with no shrubbery.
C. The south and north elevations shall have Washingtonia
Palms planted to break up the rear elevation.
Unanimously approved.
VI. CORRESPONDENCE AND WRITTEN MATERIAL:
VII. COMMITTEE MEMBER ITEMS:
GAWPDOMAL1364-7-04 WD.doc
Architecture and Landscaping Review Committee
April 7, 2004
VIII. ADJOURNMENT:
There being no further business, it was moved and seconded by Committee
Members Bobbitt/Thoms to adjourn this regular meeting of the Architectural and
Landscaping Review Committee to a regular meeting to be held on May 5, 2004.
This meeting was adjourned at 10:42 a.m. on April 7, 2004.
Respectfully submitted,
BET AWYER
Executive Secretary
G:\WPDOCS\ALRC\4-7-04 WD.doc
6
278
REPORT/INFORMATIONAL ITEM: A0
COMMUNITY SERVICES COMMISSION
MINUTES
March 8, 2004
I. CALL TO ORDER
A regular meeting of the Community Services Commission was called to order
at 7:00 p.m. in the City Council Chambers of the La Quinta Civic Center.
Chairperson St. Johns presided over the meeting. Justin Peet led the Pledge of
Allegiance.
MEMBERS PRESENT: Commissioner Victoria St. Johns
Commissioner Gary Calhoun
Commissioner Mike Cross
Commissioner Ed Hackney (excused)
Commissioner Bob Leidner
STAFF PRESENT: Dodie Horvitz, Community Services Director
Marni Franciso-Cady, Recreation Supervisor
Kristin Riesgo, Recreation Coordinator
OTHERS PRESENT: Wally Hollyday, California Skate Parks
John Little, California Skate Parks
Pete Selak, Dave Bang Associates
11. PUBLIC COMMENT
None
111. CONFIRMATION OF AGENDA
IV. CONSENT CALENDAR
A. Approval of February 9, 2004 Minutes
B. Monthly Department Report for January 2004
It was moved by Commissioners Calhoun/Cross to approve Consent Calendar.
Unanimous.
279
Community Services Commission March 8, 2004
Minutes Page 2
V. PUBLIC HEARING
None.
VI. BUSINESS ITEMS
A. La Quinta Skate Park Design
Staff gave an overview of the project, that the contract with California
Skateparks will be approved by the City Council on March 16, however, this
public meeting had been advertised therefore the designers were on hand to
get public input and to answer questions the Commission had regarding the
project.
Wally Hollyday gave an overview of his experience in designing skate parks
and then handed out mock ups of possible skate park layouts which included
many concert amenities and some modular street amenities.
The audience of approximately 35 people were given the opportunity to
review the layouts and make comments and suggestions as to what they
would like to see in the new skate park at the La Quinta Park.
After the public review, Mr. Hollyday reported that the large majority of
requests were for stairs in the skate park. Mr. Hollyday reported that if the
park is a concrete park, putting stairs in would be cost prohibitive.
Staff stated that the modular equipment offered by Huna provides stairs that
could be incorporated into the skate park.
Mr. Hollyday stated that he would like to see this park be a first class park
and is proposing a design that would outdo any skate park in the Coachella
Valley. He stated that he could design a park that meets the most needs of
the community but it is impossible to design a park to satisfy every skater's
needs and desires.
Commissioner Calhoun asked what the material was that was being
proposed for the La Quinta Skate Park. Mr. Hollyday stated that it is
concrete with some street elements. Mr. Hollyday is proposing a concrete
park because it is less expensive than the modular equipment. He likes the
280
Community Services Commission March 8, 2004
Minutes Page 3
aesthetics and flow of a concrete park.
Commissioner Calhoun asked the audience as to what type of park they
would like to see built, the majority of the skaters stated that they would like
to see a concrete park because it is easier to skate on and the loss of speed
is less than on modular equipment.
Commissioner Leidner asked if the design of the concrete park is limited, and
the reply from the audience was that due to the abilities of the skaters
constantly changing, a concrete park could offer enough challenge
throughout the years.
The Commission asked Mr. Hollyday to review the comments from the
meeting and to design three alternatives for the Commission's review at the
April 12 meeting with each alternative staying within the established budget.
B. La Quinta Park Interactive Water Feature
The Commission reviewed the proposed design and asked if the water
cannons could pose a threat to unsuspecting participants at the water park.
Staff stated that could be a possibility, however, the water cannons offer an
element of fun for. older participants.
Commissioner Calhoun asked if the water cannons become a problem, could
they be replaced with different elements. Staff replied that according to
DVD, the RainDrop system allows for changeable amenities.
It was moved by Commissioners Calhoun/Cross to recommend the current
proposed design to the City Council for consideration. Unanimous.
VII. CORRESPONDENCE AND WRITTEN MATERIALS
None.
VIII. COMMISSIONER ITEMS
The Commission thanked staff for advertising the meeting and having such a
good response for the meeting.
03
281
Community Services Commission March 8, 2004
Minutes Page 4
Commissioner St. Johns asked to be excused from the April 12 meeting, the
Commission concurred.
IX. ADJOURNMENT
It was moved by Commissioners Cross/Leidner to adjourn the Community
Services Commission meeting at 8:10 PM. Unanimous.
NEXT MEETING INFORMATION
Monday, April 12, 2004 @7:00 PM
Study Session Room
itted by
Dodie Horvitz, Community Services Director
n
2 8:2
REPORT/INFORMATIONAL ITEM: 17
CULTURAL ARTS COMMISSION
MINUTES
April 8, 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 Young led the Pledge of Allegiance.
MEMBERS PRESENT: Commissioner Else Loudon
Commissioner Sheldon Brodsky
Commissioner Andrea Gassman
Commissioner Elaine Reynolds
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 March 4, 2004
B. Department Report for February 2004
C. Financial Report for February and March 2004
It was moved by Commissioners Gassman/Brodsky to approve consent
calendar. Unanimous.
V. PUBLIC HEARING - None
VI. BUSINESS ITEMS
A. Community Picnic
The Commission reviewed the shifts available and determined that
Commissioners Gassman, Brodsky and Reynolds will work the 9:30-12:00
shifts and Commissioners Gassman and Reynolds will work the 11:00-1:30
shift. Commissioner Loudon stated that she will be at the picnic as well.
283
Cultural Arts Commission Meeting April 8, 2004
Minutes Page 2.
B. Concert Under the Stars Event
The Commissioners will work the following assignments for the Concert
Under the Stars event: Commissioner Gassman will arrive at the Senior
Center at 3:30 p.m. to meet Nels and the Peanut Butter Cookies Band.
Commissioner Brodsky will act as host for the Steel Drum Band and Electics
Choir while Commissioner Reynolds will act as greeter and be responsible for
handing out programs. Commissioner Loudon will assist with refreshments.
All Commissioners will fill spots needed at the event.
C. "The Letter" Art Piece Donation
Commissioner Gassman stated that Ms. Moline who works for the Norman
Rockwell Foundation would like to donate an original Norman Rockwell
painting entitled "The Letter" to the City. According to Commissioner
Gassman, the autheniticty of the art piece has been confirmed. Ms. Moline
has requested that the piece be hung in a secure location in City Hall.
The Commissioners viewed a video tape news piece that was produced by
CNN about the discovery of this art piece. According to Commissioner
Gassman, there may be shipping costs involved with this piece.
After some discussion it was moved by Commissioners Gassman/Brodsky to
recommend the City Council accept the donation of "The Letter" to be
displayed at City Hall. Unanimous.
D. Possible Amphitheater Improvements
Commissioner Gassman stated the Commission has not received direction
from the City Council to research amphitheater improvements and no budget
has been established. She recommended starting with a small but effective
commitment and is recommending the Commission consider the inflatable
shell which would meet the needs for performers but would not obstruct the
views of the campus. From the information provided, an acoustically
balanced system could bring a professional element to the events.
Commissioner Reynolds thinks the inflatable shell would discourage
vandalism. She suggested perhaps Wayne McEvilly could perform as a fund
raiser for the funds for the inflatable shell.
Commissioner Gassman thought that selling bricks or stones as a fund raiser
could take a very long time and thinks a concert would be a great fund
raiser. It would also bring people to the Civic Center Campus and get them
used to coming to the Campus for performances.
S:\Community Services\CAC\CACMIN.4.8.04.doc
284
Cultural Arts Commission Meeting April 8, 2004
Minutes Page 3.
Commissioner Brodsky recommended the recommendation be sent to the
City Council and if approved, colors could be chosen.
Commissioner Reynolds stated that Mr. McEvilly charges $400 per
performance.
It was moved by Commissioners Reynolds/Gassman to recommend for City
Council consideration the large inflatable band shell be purchased for
$13,000. Unanimous.
E. Annual Work Plan
Commissioner Loudon suggested a committee be formed to work on
streamlining the annual work plan as she felt, it is redundant in information.
Commissioner Gassman asked that the standing events be provided in chart
form so that the year is easily reviewed.
Commissioner Reynolds would like to see the Cultural Arts Commission work
more closely with the Community Services Commission in offering events,
such as the holiday tree lighting ceremony.
The Commission asked staff to provide a calendar of events for 2004-05 for
the next Cultural Arts Commission meeting.
After some discussion, the Commission recommended leaving the annual
work plan "as is" as some felt it was as concise as it could be.
VII. CORRESPONDENCE AND WRITTEN MATERIALS
Coachella Valley Arts Alliance: The Commission was impressed with the
event offered at The River by the Alliance.
The Figurative Contemporary Art Gallery: The Commission discussed the
planned art show for "Old Towne" and that it was cancelled due to the
disagreement of location on the site.
Vill. COMMISSIONER ITEMS
Commissioner Reynolds stated that the La Quinta Arts Association would
like to host an art show on the Civic Center Campus but some artists have
expressed their concern that the last show was only for La Quinta artists or
those that have a studio in La Quinta.
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Commissioner Brodsky feels that since it's City property, the event should be
used to promote La Quinta artists.
Commissioner Young stated that "Art in the Park" was cancelled when it
was reported that Wells Marvin wanted to offer art shows. She also feels
that La Quinta artists should be singled out but would like to see the event
expanded to include performing arts as well. She would like to see young
artists perform and get involved.
Commissioner Reynolds stated that the postcard sent out for the spring
event was nicely done, however, the font was very faint.
Commissioner Brodsky stated that he was talking to Karen Wilkerson at
Point Happy Ranch and she expressed a desire to have an art piece in the
development.
The Commission asked what could be done to increase the lighting at the
Point Happy art piece and also to raise the art piece higher.
Commissioner Young will provide a photo album of the City's public art
pieces at the June meeting.
Commissioner Reynolds asked to be excused from the May meeting as she
will be out of town.
Commissioner Young asked to possibly be excused from the May meeting
due to surgery. The Commission agreed by consensus.
XI. ADJOURNMENT
It was moved by Commissioners Brodsky/Reynolds to adjourn the Cultural Arts
Commission meeting. Unanimous. Meeting adjourned at 8:00 PM.
d by:
V
Uodle Horvitz
Community Services Director
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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.
1. 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 191 2004 as submitted.
Unanimously approved.
V. BUSINESS ITEMS: None
VI. CORRESPONDENCE AND WRITTEN MATERIAL: None
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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 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 Mounquand
stated previously the Commission requested a representative come as
an advisor, not a Commissioner.
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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:
�a
Carolyn alker
Secretary
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MINUTES
HISTORIC PRESERVATION COMMISSION MEETING
A Regular meeting held at the La Quinta City Hail Session Room
78-495 Calle Tampico, La Quinta, CA
April 22, 2004
This meeting of the Historic Preservation Commission was called to order by
Chairperson Leslie Mouriquand at 3:03 p.m. who led the flag salute and asked for
the roll call.
1. CALL TO ORDER
A. Pledge of Allegiance.
B. Roll Call.
Present: Commissioners Puente, Sharp, Wilbur, Wright, and
Chairperson Mouriquand
Staff Present: Planning Manager Oscar Ord, Principal
Planner Stan Sawa, and Secretary Carolyn
Walker.
II. PUBLIC COMMENT: None
I11. CONFIRMATION OF THE AGENDA: Confirmed.
IV. CONSENT CALENDAR:
A. It was moved and seconded by Commissioners Wright and Sharp to
approve minutes of the March 25, 2004, Historic Preservation
Commission as submitted. Unanimously approved.
V. BUSINESS ITEMS:
A. Phase I Cultural Resources Assessment for Tentative Tract Map
32201
Applicant: Choice Enterprise
Archaeological Consultant: Archaeological Advisory Group
Location: Northwest corner of Madison Street and Avenue 60
1. Principal Planner Start Sawa presented the information
contained in the staff report, a copy of which 'is on file in the
Community Development Department.
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2. Commissioner Sharp said he appreciated the fact the report
included , acknowledgement of the Torres Martinez and'
Augustine Tribes. He asked if the project was within their
territory or historical boundaries.
3. Chairperson Mouriquand replied the report recognized the
traditional tribal boundaries, but not the current reservation
boundaries. The new tribal policies were acknowledged in this
report including the inclusion of a Native American as part of
the monitoring crew.
4. Commissioner Wright recommended staff provide a reminder to
the Tribes when it is appropriate to monitor.
5. Chairperson Mouriquand added the need for a tribal
representative could be included in the Conditions of Approval
for a grading permit.
6. Applicant's representative, Dave Saccullo, 74-923 Highway
111, Suite 114, Indian Wells, California, was introduced and
gave an overview of how the project would be handled. He
asked if he could submit an interim Phase II report, at a later
date, to enable him to begin clearing and grubbing the property.
7. Commissioner Sharp asked at what point during the Phase 11
report did Mr. Saccullo want to begin grubbing.
8. Chairperson Mouriquand replied they would have to complete
the Phase II work and present an interim letter report of the
findings before this could be considered. Mr. Saccullo replied
he would like to pursue this so he could go ahead with the
clearing and grubbing of the land.
9. Chairperson Mouriquand asked what staff's position was on
accepting interim reports. Staff replied this was not a standard
procedure. The applicant would have to provide adequate
information to justify the granting of a clearing and grubbing
permit. This type of request is usually done on a case -by -case
basis and is not commonly accepted. Staff added..the Phase 1
report makes it clear a Phase II is needed as well as monitoring
of the grading.
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Historic Preservation Commission
April 22, 2004
10. Commissioner Wright commented on the Rancho La auinta
(Coral Option) clearing and grubbing permit process and
expressed his concern on the need for monitoring.
11. Mr. Saccullo explained his main concern was with removal of a
row of Tamarisks and he did not wish to move, or disturb, any
other areas during that procedure. He emphasized there would
be no rough grading.
12. Chairperson Mouriquand commented Tamarisks leave large
holes when removed. She suggested it would be a good idea to
have a monitor to spot check the tree removal. It would be a
great opportunity to do some inspections. Mr. Saccullo agreed.
13. Commissioner Wright said it would be great to have a Native
American on -site in case any burial items were found.
14. Mr. Saccullo asked if there was anything he needed to do to
facilitate the Native American monitoring. Chairperson
Mouriquand replied he could check with his project
archaeologist who would coordinate with the Tribe's Cultural
Resource Representative (Gary Resvoloso).
15. Chairperson Mouriquand suggested the applicant have the Tribe
sign off on the interim report. Staff replied they would not
authorize grubbing if there was anything questionable in the
report. If there is nothing of substance, staff will then check
with any other parties involved.
16. Commissioner Wilbur said the report states very clearly, on
Page 16, what is possible. Staff acknowledged this was
correct.
17. Chairperson Mouriquand said the area surrounding this project
has had a lot of archaeological work recently and has proven to
be a hot spot for research. The research is helping to make
connections to the old Toro Village site and it is important to
continue monitoring.
18. Commissioner Puente mentioned . Page 14 stated some of the
specimens were not collected and asked why.
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Historic Preservation Commission
April 22, 2004
19. Chairperson Mouriquand replied artifacts were usually left until
Phase II is completed unless they were in imminent danger.
Normally artifacts would be left until mitigation is completed.
The specimens will then be collected and a detailed map will be
done.
20. Mr. Saccullo commented he was documenting the progress of
the development through photos.
21. Commissioner Sharp asked how large the development was.
Mr. Saccullo replied it was a seven acre development, which
would include homes in the price range of $700,000 to
$1,000,000.
22. It was moved and seconded by Commissioners Wright and
Puente to adopt Minute Motion 2004-006 accepting the Phase I
Cultural Resources Assessment for Tentative Tract Map 32201,
subject to conditions. Unanimously approved.
VI. CORRESPONDENCE AND WRITTEN MATERIAL: None
VII. COMMISSIONER ITEMS:
A. Commissioner Mouriquand distributed the cover sheet to staff on the
"Inventory, Analysis and National Register Evaluation of two rock art
sites at Coral Mountain" which was submitted to the Bureau of
Reclamation by Daniel F. McCarthy and Leslie J. Mouriquand.
B. Commissioner Sharp asked if Gary Resvoloso's presentation had been
rescheduled. Staff replied they were working on it.
C. Commissioner Puente asked if the Tour Meeting of Sunday, May 16tn
was still going to be held. Chairperson Mouriquand replied she had
clearance from the Bureau of Reclamation, but was waiting for further
approvals. Staff noted the meeting would have to be noticed.
D. Commissioner Wright stated the Historic Preservation Commission has
been in existence for 10 years this May. He expressed his thanks to
Leslie Mouriquand, Ned Millis, Terry Henderson, Maria Puente, and
Drew Pallette, who attended the first meeting. Chairperson
Mouriquand was originally an Associate Planner and staff member
assigned to the Commission. Commissioner Wright commended her
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Historic Preservation Commission
April 22, 2004
on all ' the hard work she had done to . get the Commission going in the
right direction. He commented on some of the Commission's
accomplishments and mentioned it would be nice to have some
recognition, such as a plaque somewhere in the City.
Chairperson Mouriquand said May was- "Historic Preservation Month"
and thought it would be a good time to recognize the Commission's
accomplishments and commend the City for leading the Valley in
Historic Preservation. She suggested a ten-year retrospective, and a
press release that focused on the Commission's achievements.
Commissioner Sharp asked if all the Valley cities had Preservation
Commissions. Chairperson Mouriquand replied no other city has the
designation of a Certified Local Government. This means the
Commission is certified by the National Parks Service and the State
Historic Preservation Office. It is a special certification the
Commission worked very hard to get. Commissioner Wright
confirmed it took a lot of hard work to get the designation and
commended Chairperson Mouriquand for her past contribution to
attain that goal.
Commissioner Wright pointed out that in the last ten years a lot of
artifacts and buildings have been saved by the intervention of the
Historic Preservation Commission.
Staff summarized the Commissioners' requests as: 1) check into
commemoration by plaque, 2) discuss a Press Release with the City
Administrative Offices, and 3) prepare a list of achievements of the
Commission. -
E. Chairperson Mouriquand stated she is part of a movement lobbying
the County to fill the Archaeologist position that has been vacant for
20 years. Many artifacts and historic buildings have been lost in that
time. Her group will be meeting with the Board of Supervisors to get
them to consider filling this vacancy. Listing the accomplishments of
the City of La Quinta would be a good example of what a small group
can do to help save the history of the Valley.
VIII. ADJOURNMENT
There being no further business, it was moved and seconded by
Commissioners Wright and Wilbur to adjourn this Regular Meeting of the
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April 22, 2004
Historic Preservation Commission to the next Meeting to be held on May 20,
2004. This meeting of the Historical Preservation Commission was
adjourned at 3:32 p.m. Unanimously approved.
Submitted by:
Carolyn alker
Secretary
E�
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REPORT/INFORMATIONAL ITEM: 19
INVESTMENT ADVISORY BOARD
Meeting
April 14, 2004
CALL TO ORDER
Regular meeting of the La Quinta Investment Advisory Board was called to order at the
hour of 5:30 P.M. by Chairman Lewis, followed by the Pledge of Allegiance.
PRESENT: Chairman Lewis; Board Members Moulin, Olander, Mahfoud
and Deniel
ABSENT: None
OTHERS PRESENT: John Falconer, Finance Director; Vianka Orrantia, Secretary
II PUBLIC COMMENTS - None
III CONFIRMATION OF AGENDA - Confirmed
IV CONSENT CALENDAR
Approval of Minutes of Meeting on March 10, 2004 for the Investment
Advisory Board.
Board Member Deniel advised the Board that page 3, second paragraph,
thirteenth sentence should read: Board Member Gheiffnen Mahfoud.
Page 6, second paragraph, second sentence should read: time to go through
the general parameters perimet and return to the next
Chairman Lewis advised that Board that on page 1, the portion in parentheses
next to Confirmation of Agenda, belongs after Public Comments.
MOTION - It was moved by Board Members Olander/Moulin to approve the
Minutes of March 10, 2004 as corrected. Motion carried unanimously.
V BUSINESS SESSION
A. Transmittal of Treasury Report for February 2004
Mr. Falconer informed the Board that page 6 of the Treasurer's report
indicates the maturity of a T-Bill which was rolled over 30 days as a
result of receipt of property tax. $6 million was placed into LAIF,
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April 14, 2004
for debt service payments which were due as of March.
MOTION — It was moved by Board Members Moulin/Olander to review,
receive and file the Treasurer's Report February 2004. Motion carried
unanimously.
B. Consideration of Fiscal Year 2004/05 Investment Policies
Board Member Deniel commented to the Board that due to her absence
from the prior meeting the previous meeting minutes did not clarify
whether the Board decided if it was advantageous for the City to have
a professional outside portfolio manager or if the Board should
continue to proceed with its discussions on this matter.
Board Member Deniel informed the Board that in reference to the
handout the existing Investment Policy was modified to include a
professional money manager to manage all or part of the City's
portfolio. The following were the suggested changes and/or deletions:
► Table of contents; an insert was made in Section 7A titled
"Hiring a Professional Portfolio Manager(s)."
► Page 5, item A. Credit Risk, second bullet point, the word "with"
is missing.
► Page 7, added "delegation of authority," sections underlined
including Section 7A, are new -additions. Board Member Deniel asked
the Board to read this section and come back with comments.
► Page 8, first bullet point, regarding the restrictions applied to
conflicts of interest between the professional money managers where
appropriate. Section 9, "Authorized Financial Dealers and
Institutions," under Item 1. Broker/Dealers, added "outside
professional portfolio manager," since
they are all NASD registered.
► Page 9, under "Authorized Investments and Limitations," added
"The Professional Portfolio Manager contracted by the City will be
permitted to invest in the manner summarized in Appendix A,"
Appendix A would have to be created.
► Page 13, under "Investment Pools," since the two presenters at
the February meeting spoke of not only managing the City's
investments as an individual account but also within a pool with other
cities with similar funds. The following sentence was deleted "The
City does not allow investments with any other Investment Pool —
County Pools or Third Party Pools." '
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► At the top of page 14, a restriction was added which read "If
an Independent Professional Investment Manager is hired, a third party
custodian, separate from the Investment Manager organization shall be
used.
► Page 18 an appendix A 1 was created as a guideline for a
Professional Outside Investment Manager. If the account is handled
within pooled investments or similar sorts, restrictions were added.
Board Member Deniel stated to the Board that these were her
suggested additions and/or changes within the Investment Policy to
include a Professional Money Manager.
Board Member Mahfoud asked the Board what it would take to
implement the suggested changes. Chairman Lewis replied that to
implement changes, the Board will discuss any changes and once a
consensus is reached on the overall policy, (which will be discussed at
today's meeting and the next scheduled meeting), a vote is taken
approving the policy, then forwarded to the City Council. The City
Council than reviews the Boards suggestions, one or two members
from the Board are present during the City Council's approval session
of the policy to answer any questions the Council might have. The
City Council either approves the Boards recommendations or they
suggest changes they deem appropriate. Board Member Deniel stated
to the Board that any suggested changes and/or additions she has
made to the policy, the City Council has the ultimate decision as to
whether or not to hire an outside professional portfolio manager. The
fact that it is in the policy does not mean that they will agree. Board
Member Mahfoud suggested to the Board that instead of
procrastinating about the idea of a professional money manager, the
Board should apply the changes to the policy, since there is no
requirement to implement and this way it at least it is in the policy.
Board Member Deniel concurred. Board Member Olander stated to the
Board that this item was being pushed too hard, too fast. He also
stated that this is an educational process and if too much pressure is
felt by the Council, there might be some problems. Eventually this
might be the future direction. Board Member Olander reminded the
Board that the Treasurer stated that at this time a professional money
manager is not needed. Currently, the policy is at a buy and hold
philosophy and the Treasurer is currently making two to three
transactions a month.
Board Member Olander stated to the Board that this would be an
opportunity to educate everyone and bring them up to speed.
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Investment Advisory Board
Minutes
April 14, 2004
Chairman Lewis asked Board Member Olander if he eventually saw the
need for an Investment Advisory Service for the City. Board Member
Olander replied that he stated this several times. Chairman Lewis
stated that Board Member Deniel is not suggesting that the policy will
be changed and than go out and hire an investment advisor, only that
this will be an option available when the City does decide to use one it
will already be in the place within the policy. Board Member Olander
stated to the Board that this was his suggestion at the previous
meeting that for the record that the Board is aware of the ultimate
need, if too much is done at this time it may set the cause back.
Board Member Deniel stated that the Council Members will eventually
have the ultimate decision. But, if there is a policy that says this is
what you have done in the past and you can continue with current
policy; and in addition, there are one or two other options which have
not been done in the past, but when it is decided to go ahead and use
a professional money manager the option is in place and has been
approved by the Investment Board. Board Member Olander stated to
the Board that on page 7 of the suggested policy, the second
paragraph was rather strong. Chairman Lewis reminded the Board
that the City Council appointed the Investment Board Members to
advise the City on what is best for City's investments not to advise
the City as to what the City Councils wants the Investment Board to
do with investments. Advice can be given to the Council by the Board
as to what is best for the City and they can disagree. The Council did
appoint the Board to give good advice in the best interest of the City.
Board Member Olander stated that the Board is in agreement of this
statement. Board Member Deniel advised the Board that she purposely
stayed away from the term "investment advisor" and calls it a
"professional portfolio manager," meaning people who make their
living one hundred percent of the time, looking at modeling the
portfolio construction and staying abreast of the market for the
purpose of earning a return. This eventually will be what the City
needs.
Board Member Olander asked Mr. Falconer if he saw a time when the
City would need a money manager. Mr. Falconer replied to the Board
that as long as the policy continues with a buy and hold strategy,
there is not a need to hire a professional portfolio manager since the
City is not trading. Board Member Olander advised the Board that
they are currently doing the preparatory work to eventually set this
plan in motion.
Board Member Olander stated to the Board that with the continued
growth of the City, ultimately a money manager might be needed, but
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when is this to be determined, two, three or five years? Mr. Falconer
stated to the Board that it might not be a function of the size of the
portfolio, but just the basic philosophy of the Council on actively
trading the portfolio. Mr. Falconer stated to the Board that Chairman
Lewis has served on the Board for numerous years and can appreciate
the historical perspective.
Chairman Lewis stated to the Board that he does not like to use the
term "actively trading" the portfolio, due to the connotations it brings.
For example, if the term actively trading is used one might think of a
day trader flipping in and out of stocks, this is not the way the bond
market works and this is not the way a bond manager works. Actively
trading could also mean doing two to three trades a week, as opposed
to a month. Board Member Deniel stated to the Board that it also
means moving the portfolio along the yield curve or part of it as the
interest rate outlook changes. An example was given. General
discussion ensued amongst the Board regarding the issue of chasing
yield and the risk.
Board Member Moulin advised the Board of his comments from the
previous meeting and suggested to the Board that this issue be placed
in a strategic plan. Board Member Moulin stated to the Board that
historically the Board has never had a policy rejected by the Council
and feels the City might not be ready at this time to move towards a
professional money manager and to place it in the policy might be
premature. Board Member Olander advised the Board that this item
should be mentioned within the policy. If placed in a strategic plan,
the idea might get lost. The Board should educate themselves for the
benefit of the Council.
General discussion ensued amongst the Board regarding several issues,
(i.e. loss of the Treasurer, a portfolio money manager and the impact it
would have on the City).
Chairman Lewis advised the Board that a portfolio money manager
could possibly increase yield by a half percent, the City has a hundred
million dollar portfolio which annualizes to $500,000, by increasing
yield a half percent this could possibly purchase a fire station needed
by the City. A portfolio money manager basically invests in the same
thing the City already invests in. Board Member Moulin stated to the
Board that presenters advised the Board that the current term is too
short and the limited investments are not broad enough. There will
need to be changes to lengthen the terms.
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General discussion ensued by the Board regarding employing a
professional money manager.
Board Member Mahfoud suggested to the Board that a case regarding
a professional money manager could possibly be made to the City
before June. Board Member Deniel stated to the Board to give the
policy flexibility so the education process can continue. No action
needs to occur if flexibility is in the policy. Board Member Mahfoud
stated to the Board that to add flexibility to the policy, a case needs to
be made to City Council. Board Member Moulin advised the Board
that the expertise of professional money manager could possibly
introduce additional risks, which is not in the current investment
portfolio, a current risk the City doesn't have now when interest rates
fluctuate due to the current buy and hold to maturity, with this
philosophy it does not return much yield. With the current authority,
the Treasurer eliminated the loss of principal, with the exception of
LAIR
Discussion ensued amongst the Board regarding the fluctuation of the
market and buy and "hold to maturity" strategy. Also discussed was
the length of terms and why the Board agreed on a two year term.
Board Member Deniel asked the Treasurer if investments are marked to
market. Mr. Falconer replied that this is done at year-end, with
material differences being reported at market. Board Member Moulin
advised the Board that the Treasurer records the cost and makes a
determination when the financial statements are issued whether or not
there is a material difference. Currently there has not been in the past.
The policy states they have marked to market, but indeed the books
are at cost. If
Chairman Lewis asked the Board if there were any other issues that
need to be addressed in reference to the investment policy. Board
Member Mahfoud replied to the Board that Corporate Notes were an
item and commented that he did not see a change in the agency
market. Board Member Moulin replied to the Board that GSE's
currently have a $7.5 million dollar limitation and suggested with the
growing portfolio, we might want to increase the limits. Board
Member Olander asked the Board what is the current status of
commercial paper? Board Member Mahfoud stated to the Board that
the supply is greater now than it was a year and half ago.
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Board Member Deniel asked the Board if Federal Home Loans are
considered a GSE. Mr. Falconer replied that they are.
Mr. Falconer advised the Board that Staff does not have any
recommendations for changes to the policy at this time. And last
year's Council meeting, the Investment Policy vote was three to two.
Mr. Falconer reminded the Board that there have been cases in the
past where the Board as a whole has recommended the policy to the
Council and also been accompanied with a report from a Board
Member who took exception to the policy, who did not believe that
what was being represented reflected their view of the policy. This
report accompanied the staff report, the investment policy and staff's
recommendations. Mr. Falconer advised the Board that if a Board
Member is displeased with what goes before the Council, they have
the opportunity, whether as a Board Member or as a citizen to make
their feelings known. Board Member Moulin stated that the issue was
LAIF and currently the Board does not have an issue with LAIF. Board
Member Deniel stated to the Board that the only concern with LAIF at
this time is staff turnover, most of LAIF's current staff is close to
retirement. Board Member Olander suggested to the Board that Staff
address this issue at the upcoming LAIF Conference.
Chairman Lewis suggested to the Board that they go through the
policy page by page. The Board proceeded through the policy. Mr.
Falconer advised the Board as a technical note on page 4 item 3
"Scope," "enterprise fund" needs to be added, Staff will set up an
enterprise fund for the golf course. Chairman Lewis stated to the
Board that the Board's primary goals are safety, liquidity and yield.
Chairman Lewis stated to the Board that page 5 Item 2 referencing
liquidity, there are exceptions that allow the sales of securities within
the portfolio. Chairman Lewis advised the Board that on Page 6 Item
5, "Maximum Securities," Staff will need to come up with a number.
Mr. Falconer advised the Board that a number is hard to come up with
due to some upcoming major projects, such as the expansion to the
Civic Center, some economic opportunities and funding of the new
library. The City is currently going through the budget process, at this
time $5 to $10 million might be the number. Mr. Falconer advised the
Board that he would like to reserve this amount until the next
scheduled meeting. Chairman Lewis advised the Board that an amount
could be larger, due to the fact that the overall amount of the portfolio
rarely drifts below $75 million.
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In response to Board Member Deniel, Mr. Falconer advised the Board
that a memorandum is sent over to the City Manager (or Assistant
City Manager when acting on behalf of the City Manager), this memo
is to authorize the purchase and inform- the City Manager that an
investment needs to be rolled over on a particular date and that the
Treasurer will be purchasing a T-Bill for $5 million, with a 3 to 6
month maturity. With this process the City Manager is approving the
authorization to purchase this investment. In response to Board
Member Deniel, Mr. Falconer advised the Board that the way the
policy is developed, the Treasurer is restricted as to what he/she can
do, with the limitations currently in place, the type of investments, and
the buy and hold strategy and the fact that an approval is needed
before a trade is made. Board Member Deniel asked Staff if the City
Manager or the Assistant City Manager know enough about Finance to
be approving investments. Mr. Falconer replied to the Board that they
are looking at the overall type of investment and the length of the
investment. They have a general awareness that Staff does not invest
in 10 year bonds or 30 year bonds and does not invest in corporate
notes.
General discussion ensued amongst the Board regarding this
matter and the current checks and balances within the City.
The review of policy by the Board continued. Chairman Lewis
suggested to the Board that the current percentage for LAIF remain
the same. Board Member Deniel suggested to the Board that due to
the growing portfolio, an absolute value might be implemented. Mr.
Falconer advised the Board that currently there is a $40 million dollar
limit on LAIF. Board Member Moulin suggested to the Board that the
limit for GSE's be raised to $10 million. Mr. Falconer advised the
Board that from information gathered from broker/dealers and credit
reports, Staff is comfortable with the current limit, but is willing to
discuss. Chairman Lewis also suggested that the limit be raised to
$10 million. Board Members Deniel and Mahfoud concurred. Board
Member Olander suggested possibly reducing the percentage of
commercial paper. Board Member Deniel stated to the Board that
15 % is appropriate. Board Member Deniel advised the Board that on
page 10, under Repurchase and Reverse Repurchase Agreements,
under the sixth sentence, a space needs to be deleted to continue the
sentence. Board Member Moulin suggested to the Board to relook at
Corporate Notes. Chairman Lewis stated to the Board that if the
Board were to use Corporate Notes to limit them to Triple AAA. Board
Member Moulin and Deniel concurred. Board Member Mahfoud stated
to the Board that they could move to Double AA. Board Member
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April 14, 2004
Deniel asked what the current credit limit is regarding Corporate Notes.
Mr. Falconer replied to the Board that it currently is Al P1. Mr.
Falconer advised the Board that a recent change has been made in
regards to commercial paper, counties are allowed to purchase P2
paper and will check to see if this applies to cities.
Board Member Lewis asked Staff to check on the state rating
guidelines. General discussion ensued amongst the Board regarding
Corporate Notes.
Chairman Lewis reminded the Board of the prior history of the City's
investments which almost resulted in a loss.
Board Member Deniel advised the Board that on page 12, third
paragraph fourth sentence the space between the sentences needs to
be deleted. Chairman Lewis stated to the Board that he hopes the
City is meeting under the six month T-Bill when investments are
allowed up to two years. Mr. Falconer advised the Board that it is
included in the Treasurers Report and have exceeded. In response to
Chairman Lewis, Mr. Falconer advised the Board in reference to
reporting standards, under "AB 943, submission of Treasurers Report
to the California Debt and Advisory Commission," under state budget
listed are unfunded state mandates. If the state has a particular
request of the City, theoretically the City should be able to calculate
the cost and send the State a bill. Currently these bills have been sent
to Sacramento and the State has not been able to pay the state
mandate. The City recently received a letter from Treasurer Angelides
stating that the City is not required to submit the reports to California
Debt Advisory Commission. The City's Mayor responded in a letter
that the City will continue to send these reports. Board Member
Deniel advised the Board that on page 16, item eighteen is missing an
X and as well as item seventeen. Mr. Falconer advised the Board that
on page 23 of the Investment Policy another bond issue will need to
be added, 2003 RDA Taxable Bond. Staff is currently under
discussion regarding another $65 million bond issue for low and
moderate income housing, which might be completed at the end of
June, so this might be added. as well.
Board Member Moulin commented to Staff in regards to the reports to
the state.
MOTION - It was moved by Board Members Moulin/Olander to continue
the review of the Fiscal 2004/05 Investment Policies. Motion carried
unanimously.
9
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Investment Advisory Board April 14, 2004
Minutes
VI CORRESONDENCE AND WRITTEN MATERIAL
A. Month End Cash Report and other selected Financial Data — March
2004
Mr. Falconer advised the Board that on page 11, there were some
additional details in the cash flow explaining some of the variances and
cash flow activity for the month of February.
Board Member Deniel asked why the sales tax actual greatly exceeded
the budgeted amount, is this because the budget is straight lined
across the year or is this a natural increase over year to year for the
same month? Board Member Deniel stated that her question was that
budgeted for February was $336,000, is $336,000 a result for
creating the budget by putting a number for the total year and dividing
it equally or is the $336,000 based on February from the previous
year? There are recognizable seasonal changes. How was the budget
constructed? Mr. Falconer replied to the Board that under note one,
the expenditures are budgeted 8% per month, the expenditures are
straight lined but for the revenue it does fluctuate with the business
cycle. Board Member Deniel asked Staff if the City did indeed have
increase in sales tax for the month of February over and above the
expected amount for February. Mr. Falconer replied to the Board that
actual sales taxes will be about $800,000 more than what was
budgeted for the entire year.
Noted and Filed
B. Pooled Money Investment Board Reports — January 2003
Board Member Olander asked if there was anything scheduled in
regards to LAIF at the upcoming conference. Chairman Lewis replied
to the Board that there is a session regarding LAIF and the scheduled
speakers are Bill Sherwood and Ilene Park, both from the State
Treasurer's office.
Noted and Filed
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VII BOARD MEMBER ITEMS
Chairman Lewis stated to the Board that the City will eventually have to
address the issue at some point in time to hire a professional money manager
to at least manage a portion of the City's portfolio. Board Member
Deniel concurred. Chairman Lewis also stated to the Board that at the
upcoming CMTA Conference there might be available information regarding
this matter. Board Member Deniel suggested to the Board that the Treasurer
poll other cities as to whether or not they use a professional money manager.
Mr. Falconer advised the Board that he currently has emails for all Finance
Directors for the State of California and will send out an email for the poll.
Board Member Deniel suggested to Staff that they ask who the money
manager is and the level of satisfaction. Mr. Falconer advised the Board that
he will ask if they use a money manager and what firm they use. In
response to Board Member Moulin, Mr. Falconer advised the Board that the
only city in the desert that currently uses an in-house investment manager is
the City of Palm Desert.
VIII ADJOURNMENT
MOTION - It was moved by Board Members Moulin/Olander to adjourn the
meeting at 7:05 p.m. Motion carried unanimously.
Su itted by
Vianka Orrantia
Secretary
11
K1�
REPORT/INFORMATIONAL ITEM: :P-0
MINUTES
PLANNING COMMISSION MEETING
A regular meeting held at the La Quinta City Hall
78-495 Calle Tampico, La Quinta, CA
April 13, 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 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, Associate Planner Greg Trousdell, 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
March 23, 2003. Commissioner Tyler asked that Page 5, Item #4
corrected to state: "Commissioner Tyler asked.... "; Page 6, Item #3
corrected to state: "Staff deferred to the applicant to determine the
" "...asked if the existing house..."; Pa a 12, Item
location."; Item #5, g g
#14 corrected to read, "...but conditions cannot be changed in ...."
There being no further corrections, it was moved and seconded by
Commissioners Abels/Tyler to approve the minutes as corrected.
B. Department Report: None.
V. PUBLIC HEARINGS:
A. Site Development Permit 2004-802; a request of the City's
Redevelopment Agency for consideration of architectural and landscaping
plans for the SilverRock Resort Maintenance Building to be located at the
southwest corner of Avenue 52 and Jefferson Street.
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1. Chairman Kirk opened the public hearing and asked for the staff
report. Interim Community Development Director Oscar Orci
presented the information contained in the report a copy of which
is on file in the Community Development Department. Staff asked
that Conditions 5, 6, and 22 be deleted.
2. Chairman Kirk asked if there were any questions of staff.
Commissioner Daniels asked if the gate off Avenue 54 lined up
with the PGA West maintenance gate. Staff stated it is west of
their gate.
3. Commissioner Abels asked if this was the existing construction
entrance. Staff stated no. Building and Safety Director Tom
Hartung stated the site is located west of the Kennedy Ranch
location.
4. Commissioner Quill asked if there was any reason the two
entrances were not lined up. Assistant City Manager Mark Weiss
stated they had considered lining them up, but in consideration of
the master plan for the entire site it did not work. Discussion
followed regarding site orientations.
5. Commissioner Paul Quill questioned why residential units were
planned next to a maintenance facility due to the noise factor.
Staff stated noise mitigation measures were provided for in the
plan.
6. Commissioner Daniels asked if the maintenance equipment was big
enough to handle the golf course needs. 'Assistant City Manager
Mark Weiss stated the plans have been reviewed by the City's
consultant for the golf course maintenance, Landmark Golf, and it
is sufficient in their estimation.
7. Commissioner Quill questioned the over/under lockers totaling only
32. He asked if there was enough lockers and lunchroom area to
operate a facility of this size. Mr. Jack Gallagher, Dahlin Group,
building architect, stated the size of the lockers and space was
discussed with Landmark Golf and it was designed to their
specifications. Commissioner Quill stated this is a good
opportunity for training and an area needs to be provided that is air
conditioned to allow this to happen. Mr. Gallagher stated this was
envisioned to happen in the lounge. Commissioner Quill stated the
room is not large enough.
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April 13, 2004
8. Commissioner Tyler asked why the Architecture and Landscape
Review Committee was recommending a more elaborate design.
Staff explained their intent was to have a more unique design
being that it is a City structure. After further discussion, it was
determined that since it was located away from public view, it
was a good design. Commissioner Tyler questioned the size of the
building and stated he did not believe it was sufficient. Mr.
Gallagher stated they believe it is adequate based on Landmark
Golf's recommendation.
9. Commissioner Daniels asked staff to confirm there was a wall on
the south side of the building and asked if the road on the east
side would allow access off this road into the facility. People
showing up for work at predawn taking access off this road rather
than the maintenance access could be an issue. Mr. Gallagher
stated the facility is designed to have access taken off Avenue 54.
Assistant City Manager Mark Weiss gave a brief explanation of the
project.
10. Commissioner Daniels stated he was informed that while his home
is over a half mile from the project site, the Homeowners'
Association, of which he belongs to, is closer than 500 feet;
therefore he may have a potential conflict with the project and
excused himself and left the dais.
11. Commissioner Quill asked the design of the washrack. Mr.
Gallagher stated it was designed by the engineers to meet the
requirements. It does have an above -ground fuel tank.
12. 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.
13. Commissioner Quill stated he has issue with the space planning for
the interior of the building. He questioned whether the building
would be housing the equipment and whether the equipment
would be City -owned or owned by the managers of the golf
course. If City -owned, then he would want to see the equipment
under cover. Assistant City Manager Mark Weiss stated it has not
been determined, but it is important to the City to see that the
equipment is maintained. Commissioner Quill asked if anyone
looked at how much equipment will be needed for this size of a
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April 13, 2004
facility and can this facility house all this equipment under roof.
Mr. Gallagher stated it is his understanding yes, but he would need
to confirm this with Landmark Golf.
14. Chairman Kirk commended the applicant on the design, but
requested staff look into these questions regarding the City's
assets.
15. It was moved and seconded by Commissioners Abels/Tyler to
adopt Planning Commission Resolution 2004-027 approving Site
Development Permit 2004-802, as amended:
a. A memo shall be written by staff to the Planning
Commission regarding whether or not the facility would
accommodate group staff meetings and whether the
equipment would be housed inside or outside of the facility.
ROLL CALL: AYES: Commissioners Abels, Quill, Tyler, and Chairman
Kirk. NOES: None. ABSENT: Commissioner Daniels.
ABSTAIN: None.
Commissioner Daniels rejoined the Commission.
B. Sign Application 2004-773; a request of Promotional Signs, Inc. for
consideration of: 1) an amendment to the La Quinta Village Shopping
Center Sign Program to allow a total of three internally illuminated
Starbucks corporate building signs where only two signs are allowed; 2)
optional sign measures for national tenants with registered trademarks;
and 3) modification to the sign guidelines for other supplemental signs,
for the property located at 50-921 Washington Street within the La
Quinta Village Shopping Center.
1. Chairman Kirk opened the public hearing and asked for the staff
report. Associate Planner Greg Trousdell 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 how many corporate tenants they have.
Staff stated three. Commissioner Tyler stated it appears to state
that if it was a corporate logo they would be allowed a larger sign
and he questioned whether they could alter the size. Assistant
City Attorney Michael Houston stated the Commission can alter
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April 13, 2004
sign size. Certain trade marks can be prohibited, but
conversations so far have been regarding whether or not all signs
are prohibited and it is a good idea to force a tenant to meet the
City's Code requirements. For "good will" it may be best to allow
a corporation to keep its logo.
3. Chairman Kirk asked why we would allow larger size for corporate
signs. Assistant City Attorney Michael Houston stated that
constitutional "equal protection" analysis would support a city's
determination to treat trademark signs differently. The standard
for equal protection violation is very low. The court ruling has
been that a decision making body must come up with a rationale
and that rationale basis is any reason given that does not violate
the "laugh test." However, there are potential First Amendment
issues here. What the Commission may want to consider is
commercial speech violation under the First Amendment. The
Commission could probably permit trademark companies to have
different type of signs, but he would want to consider it more
before making a decision. Commissioner Kirk asked why staff was
recommending larger signs for corporate tenants. Staff stated
they were recommending the larger sign based on what was
granted to existing tenants.
4. Commissioner Tyler asked staff to clarify the size requested in
regard to locations. Staff clarified this was similar to what was
allowed at Sesame Restaurant, now Dyson and Dyson.
Commissioner Tyler asked that the monument sign requirements
be better defined. Staff reviewed other signs that had been
approved by the Commission for the Center.
5. Chairman Kirk asked the size of the existing Ralphs sign. Staff
stated it was approved under the original sign program.
6. There being no further questions of staff, and the applicant not
having any comment, and no other public comment, Chairman Kirk
closed the public participation portion of the hearing.
7. Commissioners discussed with staff the size of the signs for all
tenants in the Center.
8. It was moved and seconded by Commissioners Tyler/Abets to
adopt Minute Motion 2004-007, approving Sign Application 2004-
773, as amended:
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April 13, 2004
a. Condition added: corporate logos treated equally as all
tenants and not be allowed any larger signs.
ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and
Chairman Kirk. NOES: None. ABSENT: None.
ABSTAIN: None.
VI. BUSINESS ITEMS:
A. Sign Application2004-71 1; a request of Hoke Outdoor Advertising for
Cameo Homes for consideration of a planned sign program for a mixed
land use development for a freestanding monument and directory sign,
commercial tenant signs, and other public safety signs to be located at
50-660 Eisenhower Drive, north of Calle Tampico
1. Chairman Kirk asked for the staff report. Associate Planner Greg
Trousdell presented the information contained in the report a copy
of which is on file in the Community Development Department.
2. There being no questions of staff, Chairman Kirk asked if the
applicant would like to address the Planning Commission. Mr. Bob
Hoke, representing the applicant, explained the purpose of their
request.
3. There being no further questions, and no other public comment,
Chairman Kirk closed the public participation and opened the
matter for Commission discussion.
4. Chairman Kirk asked the reasoning for having the commercial
monument sign so far north. Mr. Hoke stated it was determined
that most of the traffic would be coming from that direction. He
would have no objection to moving the sign.
5. It was moved and seconded by Commissioners Tyler/Abels to
adopt Minute Motion 2004-008 approving Sign Application 2004-
771, as amended:
a. Condition added: 911 and fire lane signs shall have a red
background and be highlighted.
b. Condition added: two single -sided monument signs with
both residential and commercial signage included on each
sign facing the entry.
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Planning Commission Minutes
April 13, 2004
Unanimously approved.
VII. CORRESPONDENCE AND WRITTEN MATERIAL: None.
VIII. COMMISSIONER ITEMS:
A. A report was given on the City Council of April 6, 2004.
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 27, 2004, at 7:00 p.m. This
meeting of the Planning Commission was adjourned at 8:1 1 p.m., on April 13, 2004.
Respectfully submitted,
Qom• ,,.
45e y . awyer, Executive Secretary
City of La Quinta, California
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MINUTES
PLANNING COMMISSION MEETING
A regular meeting held at the La Quinta City Hall
78-495 Calle Tampico, La Quinta, CA
April 27, 2004
I. CALL TO ORDER
7:00 P.M.
A. This meeting of the Planning Commission was reconvened at 7:09 p.m.
by Vice Chairman Abels who asked Commissioner Daniels to lead the flag
salute.
B. Present: Commissioners Rick Daniels, Paul Quill, Robert Tyler, and Vice
Chairman Jacques.Abels It was moved and seconded by Commissioners
Daniels/Tyler to excuse Chairman Tom Kirk. Unanimously approved.
C. Staff present: Community Development Director Jerry Herman, Assistant
City Attorney Michael Houston, Assistant City Engineer Steve Speer,
Associate Planner Wallace Nesbit, and Executive Secretary Betty Sawyer.
II. PUBLIC COMMENT: None.
III. CONFIRMATION OF THE AGENDA: Confirmed.
IV. CONSENT ITEMS:
A. Vice Chairman Abels asked if there were any corrections to the Minutes
of April 13, 2003. Commissioner Daniels asked that Page 3, Item #10
be clarified to state while his home is over a half mile from the the HOA
at PGA West of which he belongs to was closer than 500 feet; therefore
he declared a potential conflict with the project. There being no further
corrections, it was moved and seconded by Commissioners Tyler/Daniels
to approve the minutes as corrected.
B. Department Report: None.
V. PUBLIC HEARINGS:
A. Site Development Permit 2004-806; a request of Perkowitz and Ruth
Architects for consideration of a remodel to an existing vacant building
for occupancy by the Kohl's Department store located at 78-960
Highway 1 1 1, on the west side of Adams Street, at the Whitewater
Channel, in the One Eleven La Quinta Shopping Center.
314,
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Planning Commission Minutes
April 27 2004
1. Vice Chairman Abels opened the public hearing and asked for the
staff report. Staff asked that the item be continued to May 11,
2004, to allow the applicant time to submit the materials needed
for the Commission's review. It was moved and seconded by
Commissioners Tyler/Daniels to continue Site Development Permit
2004-806 to May 1 1, 2004, as requested. Unanimously
approved.
B. 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 area west of Madison Street, south of Avenue 51.
1. Vice Chairman Abels opened the public hearing and asked for the
staff report. Commissioner Tyler stated the Commission reviewed
this request at their meeting of January 27, and he requests the
staff report be waived.
2. There being no questions of staff and no other public comment,
Vice Chairman Abels closed the public participation portion.
3. It was moved and seconded by Commissioners Tyler/Daniels to
adopt Planning Commission Resolution 2004-028, approving
Street Name Change 2003-015, as recommended
ROLL CALL: AYES: Commissioners Daniels, Quill, Tyler, and Vice
Chairman Abels. NOES: None. ABSENT: Chairman Kirk.
ABSTAIN: None.
C. Site Development Permit 2004-803; a request of ND La Quinta Partners,
LLC for consideration of architectural and landscape plans for three
residential bungalow unit types for the property located on the south side
of Hideaway Club Drive, within The Hideaway.
1. Vice Chairman Abels opened the public hearing and asked for the
staff report. Community Development Director Jerry Herman
presented the information contained in the report a copy of which
is on file in the Community Development Department.
2. Vice Chairman Abels asked if there were any questions of staff.
Commissioner Tyler asked that page 3 of the staff report be
corrected to state, "...CVWD water efficiency requirement,
ensuring ... ". Page 8 Condition #6 he understood air conditioning
compressor pads were not permitted in the sideyard. Staff stated
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April 27 2004
the Code prohibits it but staff wanted to be sure the applicant is
aware of the requirement.
3. There being no further questions of staff, Vice Chairman Abels
asked if the applicant would like to address the Commission. Mr.
John Gamlin, representing ND La Quinta Partners stated they
agreed with the conditions and are available for any questions.
4. Vice Chairman Abels asked if there were any questions of the
applicant. Commissioner Tyler asked if the clustering was
something the market was looking for. Mr. Gamlin stated it has
been well received and there is a waiting list. Commissioner Tyler
stated he would be concerned about a detached garage that
distance from the kitchen.
5. There being no further questions and no other public comment,
Vice Chairman Abels closed the public participation portion of the
hearing.
6. It was moved and seconded by Commissioners Tyler/Quill to adopt
Planning Commission Resolution 2004-029, approving Site
Development Permit 2004-803, as amended:
ROLL CALL: AYES: Commissioners Daniels, Quill, Tyler, and Vice
Chairman Abels. NOES: None. ABSENT: Chairman Kirk.
ABSTAIN: None.
D. Tentative Tract Map 30092, Extension #2; a request of Covenant
Development, Inc. for consideration of a one year time extension to file a
final map for a subdivision of ± 37 acres into 97 single-family lots for the
property located at the northwest corner of Avenue 58 and Monroe
Street.
1. Vice Chairman Abels 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.
2. Vice Chairman Abels asked if there were any questions of staff.
Commissioner Tyler asked if Avenue 58 and Monroe Street
adjacent to this property meet current road requirements.
Assistant City Engineer Steve Speer stated they are County roads
and it will have to be determined whether .or not they are
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April 27 2004
structurally adequate to be converted to arterial streets. Staff
would see that if the requirement was not in the conditions, they
would see that it is added.
3. Commissioner Daniels asked if the applicant had received a copy
of the changes. Staff stated they were not given a copy until this
evening.
4. There being no further questions of staff, Vice Chairman Abels
asked if the applicant would like to address the Commission. Mr.
John Silver, representing Covenant Development, Inc., stated he
has no objection to the conditions and was available to answer any
questions. He asked staff to clarify the changes that were handed
out at the meeting. Assistant City Engineer Steve Speer explained
the changes. Mr. Silver stated he had no objections to the
changes.
5. There being no further questions and no other public comment,
Vice Chairman Abels closed the public participation portion of the
hearing.
6. It was moved and seconded by Commissioners Quill/Daniels to
adopt Planning Commission Resolution 2004-030, approving a one
year time extension for Tentative Tract Map 30092, as
recommended and amended.
ROLL CALL: AYES: Commissioners Daniels, Quill, Tyler, and Vice
Chairman Abels. NOES: None. ABSENT: Chairman Kirk.
ABSTAIN: None.
VI. BUSINESS ITEMS:
A. Continued - Public Nuisance Case 9693; a request of Robert and Barbara
Valdivia for consideration of an appeal of a public nuisance determination
for the property located at 54-360 Avenida Juarez.
1. Vice Chairman Abels opened the public hearing and asked for the
staff report. Community Safety Manager Debra Conrad presented
the information contained in the report a copy of which is on file in
the Community Development Department. Nohm Duzman, City
Prosecutor, indicated the property owner will state that their
attorney is unable to attend as he is sick. There is nothing in the
Municipal Code or State Code that requires the City to grant the
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April 27 2004
appellant the right to have an attorney present, so the Commission
can move forward with their review and decision.
2. Vice Chairman Abels asked if there were any questions of staff.
Commissioner Tyler noted they had resolved some of the minor
issues, but there were still some remaining and this has been going
on for a long time.
3. There being no further questions of staff, Vice Chairman Abels
asked if the applicant would like to address the Commission. Mrs.
Barbara Valdivia, 54-360 Avenida Juarez, stated she had received
a call from her attorney and asked her to appear to ask for a
continuance as he was ill.
4. Vice Chairman Abels noted this had been continued numerous
times and asked the Commissioners if they had any opinions.
5. Commissioner Tyler asked if the report was accurate. Mrs.
Valdivia stated yes.
7. Commissioner Daniels asked if they had been provided a list of
things that needed to be done and was she willing to do them.
Mrs. Valdivia stated she was advised to do nothing with the
garage conversion until the other items had been completed and
they have been unable to get someone out to the house to help
them.
8. Commissioner Quill asked how long they had lived in this house
and if they did the garage conversions. Mrs. Valdivia stated they
have lived there 30 years. The perimeter wall was built with a
permit issued by Riverside county, but the County says they have
no record of it.
9. There being no further questions and no other public comment,
Vice Chairman Abels closed the public participation.
10. Commissioner Tyler asked what the next process would be.
Assistant City Attorney Michael Houston stated the Planning
Commission appeal is a matter of right of the Valdivias. If the
Commission decides to uphold the prosecutor case, Mr. and Mrs.
Valdivia has the right to appeal this decision to the City Council,
by submitting a written notice to the City Clerk within ten days of
the action taken at this meeting. The City Council is the final
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April 27 2004
authority. If no appeal, the decision of the Planning Commission is
final.
11. Commissioner Quill asked what the City's options were. Mr.
Duzman stated that upon a final decision without an appeal, or
upon the City Council denying the appeal, the City can: abate the
nuisance, file a civil or criminal matter which normally is not done
but it is up to the City, or file a civil action and have a court of law
order them to remove or obtain a permit for the structure. The
goal is to have voluntary compliance and in this instance due to
the length of time, it does not seem favorable this will happen.
Commissioner Quill asked if the City has lien rights. Mr. Duzman
stated yes, the City would have to sustain the costs initially, but it
would gain it back in the end. Commissioner Quill asked if the
City could foreclose. Mr. Duzman stated yes, but it is very drastic
movement and the City's goal is to achieve compliance on the part
of the appellant.
12. Commissioner Daniels stated it has taken a very long time getting
to this point.
13. It was moved and seconded by Commissioners Daniels/Tyler to
adopt Minute Motion 2004-010, denying an appeal of Public
Nuisance Case 9693, as recommended. Unanimously approved
with Chairman Kirk being absent.
B. Site Development Permit 2004-805; a request of Forrest Haag, ASLC,
Inc. for consideration of five single-family home prototypes, each with
two facade treatments and landscape design plans for the property
located within Tract 31123, on the north side of Avenue 52, west of
Vista Bonita Trail.
1. Vice Chairman Abels 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.
2. Commissioner Daniels asked why the Architecture and Landscape
Review Committee was recommending the elimination of the
Queen Palm trees. Staff stated the applicant could answer.
3. There being no further questions of staff, Vice Chairman Abels
asked if the applicant would like to address the Planning
G:\WPDOCS\PC Minutes\4-27-04.DOC
319
Planning Commission Minutes
April 27 2004
Commission. Mr. Forrest Haag stated the trees were deleted
because of a current problem with the trees here in the desert.
They have no objection to the condition deleting them.
4. Vice Chairman Abels asked if there were any questions of the
applicant. Commissioner Tyler asked if the casitas units were
included in the total square footage of the units. Mr. Haag stated
casitas is a loosely used term for smaller than million dollar homes.
This form of architecture is extremely popular. Commissioner
Tyler asked how many plans would be available in the model home
complex. Mr. Haag stated there will be five models.
5. There being no further questions, and no other public comment,
Vice Chairman Abels closed the public participation and opened
the matter for Commission discussion.
6. It was moved and seconded by Commissioners Tyler/Daniels to
adopt Minute Motion 2004-010 approving Site Development
Permit 2004-805, as recommended. Unanimously approved.
VII. CORRESPONDENCE AND WRITTEN MATERIAL: None.
Vill. COMMISSIONER ITEMS:
A. A report was given on the City Council of April 20, 2004 by
Commissioner Tyler.
B. Commissioner Daniels requested staff provide them with data on the
commercial and residential land in the City and where there is vacant
land, what is proposed for that site.
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 May 11, 2004, at 7:00 p.m. This
meeting of the Planning Commission was adjourned at 7:51 p.m., on March 23, 2004.
4oRetfully su itted,
yer, Exe utive Secretary
Quinta, California
320
G:\WPDOCS\PC Minutes\4-27-04.DOC 7
Department Report:
o``
ti
c� of9
TO: The Honorable Mayor and Members of the City Council
FROM: Thomas P. Genovese, City Manager
I A
DATE: June 1, 2004
SUBJECT: Department Report — Response to Public Comments
The following public comments were made at the May 18, 2004, City Council
meeting:
1. Patrick Swarthout, Public Affairs Manager of The Gas Company, gave a brief
overview of a new safety program they have implemented to analyze the condition
of gas lines and clean them.
• Council expressed their appreciation for the updated information.
�ti
DEPARTMENT REPORT: 3-
JUNE 1
JUNE 15
JUNE 17
JUNE 18
JULY 6
JULY 20
AUGUST 3
AUGUST 17
SEPTEMBER 7
SEPTEMBER 21
CITY COUNCIL'S
UPCOMING EVENTS
CITY COUNCIL MEETING
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11:30 A.M. -1:30 PAt
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CITY COUNCIL MEETING
32�^
June 2004
La Quinta City Council Monthly Planner
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La Quinta City Council Monthly Planner
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COUNCIL/RDA MEETING DATE: June 1, 2004
ITEM TITLE: A Joint Public Hearing between the City
Council of the City of La Quinta and the La Quinta
Redevelopment Agency to Consider Adoption of: 1) a
Resolution of the City Council Approving a Loan
Between the La Quinta Redevelopment Agency and the
La Quinta Financing Authority; and 2) a Resolution of
the La Quinta Redevelopment Agency Approving the
Issuance of its First Supplemental Loan Agreement,
Escrow Deposit and Trust Agreement, Official
Statement, a Purchase Contract, Authorizing the
Executive Director to Set the Final Terms of the
Approval of the Agency Loan, Approving the Payment
of Costs of Issuing the Agency Loan and Making
Certain Determinations Relating Thereto
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Please see the same report under the Redevelopment Agency Agenda.
Respectfully submitted,
*ohnconer, Finance Director
Approved for submission by:
Thomas P. Genovese, City Manager
326
RESOLUTION NO. 2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA APPROVING A LOAN
BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY
AND THE LA QUINTA FINANCING AUTHORITY
WHEREAS, the City of La Quinta (the "City") and the La Quinta
Redevelopment Agency (the "Agency") have heretofore entered into a Joint
Exercise of Powers Agreement establishing the La Quinta Financing Authority (the
"Authority") for the purpose of issuing its bonds to be used to provide financial
assistance to the City and Agency; and
WHEREAS, the Authority intends to issue its Local Agency Revenue Bonds
2004 Series A (the "Authority Bonds") in order to make loans to refund and prepay
certain prior bonds (the "Prior Bonds") of the Agency and to provide additional
funds to the Agency (the "Agency Loan"); and
WHEREAS, the Agency Loan will be secured by a portion of the low- and
moderate -income housing tax increment revenues allocable to the Agency under
the Community Redevelopment Law, being Section 33000 and following of the
California Health and Safety Code, et. seg. (the "Act") with respect to various
project areas; and
WHEREAS, there have been presented at this meeting documents in
connection with the issuance of the Authority Bonds and the issuance of the
Agency Loan; and
WHEREAS, pursuant to the Act, the Agency has authorized the Agency
Loan; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La
Quinta, California, as follows:
SECTION 1. Approval of Issuance of Authority Bonds and Agency Loan. The
issuance of the Authority Bonds by the Authority, the incurrence of the Agency
Loan by the Agency, and the refunding of the Prior Bonds are hereby approved.
This approval is made, among other things, in order to meet the public approval
requirements of, among others, Government Code Section 6586.5(a)(2). The City
Council hereby finds and determines that the financing of the Project, which is the
subject of the Authority Bonds and Agency Loan, will produce a significant public
benefit in accordance with the criteria set forth in Government Code
Section 6586(a), (c) and (d).
SECTION 2. Approval of Issuance of Authority. and Agency Loan. The
issuance of a principal amount not to exceed $100,000,000 Authority Bonds and
124/015610-0073
327 2
499568.03 a05/26/04
Resolution No. 2004-
Financing Authority Bonds & Agency Loan
Adopted: June 1, 2004
Page 2
principal amount not to exceed $100,000,000 Agency Loan in order to aid in the
financing of certain housing related redevelopment activities in Redevelopment
Project Area Nos. 1 and 2, and for other purposes related thereto, all of which
constitutes a "redevelopment activity," as such term is defined in Health and
Safety Code Section 33678, are hereby authorized and approved pursuant to
Health and Safety Code Section 33640.
SECTION 3. Other Acts. The officers and staff of the City are hereby
authorized and directed, jointly and severally, to do any and all things, and to
execute and deliver any and all documents, which, in consultation with counsel to
the City, they may deem necessary or advisable in order to effectuate the
provisions of this Resolution, and any and all actions previously taken by such
officers or staff members are hereby ratified and confirmed.
SECTION 4. Effective Date. This Resolution shall take effect upon adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 1" day of June, 2004, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
JUNE S. GREEK, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DON ADOLPH, Mayor
City of La Quinta, California
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
328 3
124/015610-0073
499568.03 a05/27/04
/(nT�
' S
GF�t OF
COUNCIL/RDA MEETING DATE: June 1, 2004
ITEM TITLE: Public Hearing to Consider Resolution
Authorizing the Implementation of A Red Light Camera
Program and Designate Process to Award Contract
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Conduct a public hearing, adopt a Resolution authorizing the implementation of a Red
Light Camera Program, authorize staff to prepare and issue a request for competitive
proposals from potential operators of the program, and designate the Police Chief, the
Director of Public Works, and the Director of Building and Safety as the Selection
Committee.
FISCAL IMPLICATIONS:
It is anticipated that the initial expenses of the program would be minimal. It is
recommended that any operator selected be required to provide a one year cost-free
trial period for the equipment and service. During that period, the City would lose
some or all of the funds it would otherwise receive from citations issued at the
designated intersections. In addition, the Police Department will incur some lost staff
time to administer the program and review/issue citations.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
As indicated during the April 20, 2004 Study Session on this item, 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
'qr)I
Police Department (Attachment 1) . The City Traffic Engineer has also provided an
analysis (Attachment 2). After reviewing this information, the Police Department has
concluded that photo enforcement is a very effective method of preventing injuries
and deaths in traffic collisions caused by red light violations.
Before considering the award of a contract for photo enforcement, the City Council
must conduct a public hearing (Vehicle Code Section 21455.6(a)). At the conclusion
of the April 20, 2004 Study Session, the City Council directed staff to proceed with
holding the required public hearing. A notice of public hearing on this item was
published in the Desert Sun on May 15, 2004.
There are many red light system operators. Information regarding one of the
operators, Transol USA Inc., was provided at the April 20, 2004 Study Session.
Other operators have contacted City Staff since the Study Session and asked to be
considered if the City Council determines that it wishes to proceed with the program.
It is likely that during the trial period, two intersections would be equipped with the
camera system. Based upon Crossroads collision data, likely candidate intersections
are Washington at Highway 111 and Washington at Fred Waring.
The contract that would be awarded if the City Council determines to proceed with
the program is a hybrid involving equipment leasing and professional services. Under
the City's Municipal Code, requests for competitive proposals are required unless
"experience with the proposed service provider has demonstrated competence and
satisfactory performance" (Municipal Code Section 3.32.050(C)). Since the City has
no experience with any operator, competitive proposals should be obtained.
If, after conducting the public hearing, the City Council wishes to proceed with the
program, it is recommended staff be authorized to prepare and issue a request for
competitive proposals from potential operators. The RFP would require operators to
provide a one-year test period. Selection criteria would include the company's level
of technology, non -intrusive equipment installation, and costs. It is further
recommended that the Police Chief, the Director of Public Works, and the Director of
Building and Safety be designated as the Selection Committee.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Conduct a public hearing, adopt a Resolution authorizing the implementation
of a Red Light Camera Program, authorize staff to prepare and issue a
request for competitive proposals from potential operators of the program,
and designate the Police Chief, the Director of Public Works, and the
330
4
6U
Director of Building and Safety as the Selection Committee; or
2. Conduct a public hearing, adopt a Resolution authorizing the implementation
of a Red Light Camera Program, and provide alternative directions to staff
regarding the issuance of a request for competitive proposals from potential
operators of the program and the designation of the Selection Committee; or
3. Conduct a public hearing and do not adopt a Resolution authorizing the
implementation of a Red Light Camera Program; or
4. Provide staff with alternative direction.
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Police Department Analysis
2. City Traffic Engineer's Analysis
331
RESOLUTION NO. 2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AUTHORIZING THE
IMPLEMENTATION OF A RED LIGHT CAMERA PROGRAM
WHEREAS, State and local agencies have found that the use of red light
cameras can reduce red light running by motorists, and that this type of
enforcement helps to increase traffic safety by reducing the numbers of crashes
attributable to red light running; and
WHEREAS, at the request of City Council, the La Quinta Police Department
has conducted an analysis of the history and effectiveness of red light camera
programs in California and the Coachella Valley and recommends the adoption of
such a program; and
WHEREAS, on May 15, 2004 the City published a notice of public hearing in
accordance with California Vehicle Code Section 21455.6 in the Desert Sun; and
WHEREAS, the City Council held a public hearing on June 1, 2004, pursuant
to California Vehicle Code Section 21455.6, to hear public comments on the
implementation of an automated red light enforcement system at certain
intersections in the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
SECTION 1. The City Council of the City of La Quinta authorizes the
implementation of the automated red light camera system at intersections to be
determined at a future date.
SECTION 2. Upon the selection of a company to assist the City in the
implementation of a red light camera program, City staff will work with the firm to
meet the requirements of California Vehicle Code Section 21455.5 to issue
warning -only notices for 30 days prior to issuing actual citations; and to comply
with all other requirements of the California Vehicle Code.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 1 st day of June, 2004, by the following vote to wit:
119/015610-0002;1
501878.01 a05/27/04
332
Resolution No. 2004-
Red Light Runner Program
Adopted: June 1, 2004
Page 2
AYES: Council Members
NOES: None
ABSENT: None
ABSTAIN: None
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, City Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
119/015610-0002
501878.01 a05/27/04 �' R
133
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). :.
4g.
- 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
Percent Increase
Citations per calendar day
2001
145
---
.39
2002
191
32%
.52
2003
223
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 (S WITRS) 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 _J
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
�3 35
tk
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 tafflic
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-
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
-
-
1
_
0
Total
19
0
11
8
0
1 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.
336
Ranking Intersection
Number of Collisions
1
Washington Street at Rt I I 1
12
2
Washington Street at Fred Waring Drive
12
3
Washin on Street at. Hi and Palms Drive
9
4
Washington Street at Channel Drive
9
5
Was ' on Street at Avenue 50
8
6
Eisenhower Drive at Coachella Drive
7
7
Miles Avenue at Adams Street
7
8
Rt I I I at La Ounta Centre Drive
7
9
Rt I I I at Adams Street
7
10
Simon Drive at Rt 111
7
11
Fred Waring Drive at Adams Street
6
12
Washin on Street at Rancho La uinta Drive
5
13
Jefferson Street at Fred Waring Drive
4
14
Rt I I I at Plaza La Quinta
4
15
Rt I I I at Dune Palms Road
4
16
Washington Street at Miles Avenue
4
17
Washin on 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
1
General Red Light Enforcement System 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.
Redflex lex Traft 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.
teia Cir abil' , m
ACS°
USA
Intersection Controller Connection Required
Roadwaymodification required(Loop Install
Yes
Yes
Yes*
No
Yes***
Recommended
Visible Camera Flash when in use
Yes
No
Yes
Minimum Speed Required to determine violation
Yes
No
Yes
Number of photos taken of violation
4
(2 per camera)
30 per second per camera
(45 per violation on
averse)
4
(2 per camera)
and Video
Internet Approval of citations by authorized
Yes
Yes
Yes
Digital Cameras
Optional
Standard
Standard
Analog Cameras wet film
Standard
Not Available
Not Available
Photos of violations obtained via
Film collected at
scene 3 x week
Uploaded via DSL
connection
Uploaded via DSL
connection
Number of lanes covered by each camera
3
4
Up to 4
Number of cameras needed per approach
2
2
2
Number of approaches to be monitored per
intersection
2
2
2
Accident Notification System Option
No
Yes
No
Real Time Observation Capability
No
Optional
Standard
Collision Detection and Recording Ability
No
Optional
Yes**
Movable to other intersections
Yes*
Yes
Yes*
* As long as required wiring connections (roadway and signal controller box) are installed.
** If collision is caused by a red light violation, it will be recorded.
*** Inductive connection to determine when signal tur i 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. ``
4, npm + r#cin : Stf cture
- `* Mn'
_ M � -
System Configuration Fixed Monthly Fee I
Dotes
>• ;STRAIGHT
7fROUGNAPPROAtS'
. r
1 Lane of traffic
$4,770
2 Lanes of traffic
$5 270
3 Lanes of traffic
$6,870
4 Lanes of traffic
$6,270
LEFT ;TURN APPROACHES
Single Left Turn
$1,270
In addition to the pricing above
Double Left Tum
$5,570
RIGHT ON RED
$1,270
1 In addition to the pdcing above
COST ESTIMATE PER
MONITORED INTERSECTION
Mun thrn»ah lane-. 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
$1419600,
(wet film)
ACS Inc.
$6,400
$12,800
$129800
$1539600
(digital)
Transol
$5,350
$1 %700
$109700
$1282400
USA Inc.
Redflex
$10,840
$211,680
$21,680
$2609160
Inc.
COST ESTIMATE FOR THREE
MONITORED INTERSECTIONS
(Twn thrn»oh lanes and two left turn lanes)
Company
Price per
Monthly Mgmt Fee
Yearly
intersection
for 3 intersections
Mgmt Fee
ACS Inc.
$11,800
$359400
$424,800
(wet film)
ACS Inc.
$129800
$389400
$4%800
(digital)
Transol
$102700
$329100
$3859200
USA Inc.
Redflex
$219680
$653,040
$780,480
Inc.
Violation Fee Revenue: The City of La Quinta receives a portion of the fine assessed on all
violations that occur within its jurisdiction. The amount of the fine is determined by the violations
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 r
submitted revenue projections with their program material.
P,R0MMED F 7VE ESTIMATES
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
$179760
$2139120
Transof USA
$148.00
.8
4
$592
$17,760 .
$2132120
Redflex Inc.
$141.00
9
6.3
$888
$26,649
$319;788
* Average citation amount receiver in Los Angeles metroponum zuca.
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 $100.00 per assessed (and paid) red light violation in Riverside County. The
below chart reflects the accurate regional fine distribution per violation in our area.
RQ,TE`ED
leEfE,E PER
7ERSECTION-RIVER7DE
COUNTY
FINE.
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
$12,000
$1449000
Inc.
Transol
$100.00
8
4
$400
$12,000
$144,000
USA
Redflex
$100.00
9
6.3
$630
$181,900
$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.
htRunner Statistics rom January 2003- June 2003
Violations
Violations per
Approved
Approved
Approval
Fines
Average fine
Recorded
approach/day
Citations
Citations per
Rate
Collected
per issued
approach/day-
citation
1486 '
2.04
853
1 1.17
1 57.4 %
$439219.49
$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.
PROJECTED REVENUE PER INTERSEG'TION-La
Uinta
City Fee
per
violation
Number violations
per intersection per I
day
Approved
Citations
per day
City
Revenue
per day
City
Revenue
per month
City Revenue
per year
ACS Inc.
$50.67
8
4
$202.68
$6,080.40
$729964.80
Transol
1 $50.671
8
4
1 $202.68
$6,080.401
$72,964.80
Redflex
1 $50.671
8
1 4
1 $202.68
1$6,080.40
1 $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". 4Jsing 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.
x O E: •` ENSE PRiD.TECTIO S (One Monitored Intersection)- La Quinta��t�
�M
Company
Monthly
Monthly Fine
Monthly
Yearly
Yearly
Yearly City
Mgmt
Revenue
Shortage
Mgmt Fee
Fine
Support Required
Fee
Projections
Revenue
ACS Inc.
$11,800
$6,080.40
$5,719.60
$141,600
$72,965
$68,635.20
(wet film)
ACS Inc.
$129800
$69080.40
$69719.60
$153,600
$729965
$80,635.20
(digital)
Transol
$109700
$6,080.40
$4,619.60
$128,400
$72,965
$55,435.20
USA Inc.
Redflex
$215,680
$69080.40
$15,599.60
$260,160
$72,965
$187,195.20
Inca
Program Administration Costs:
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 opera to 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 100/a
• 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 heavypopulation increase in r.
the city during the time period reviewed
t4
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
ti
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
tAf ,.
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:
Year
Unsafe Speed
Follow To Close
Unsafe Start
DUI
Lane Change
Turnin
Total
2003
3
0
0
0
1
0
0
3
2002
5
0
7
3
1
0
16
2001
7
2
2
1
0
10
12
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
approach to be collected per month. Any monthly shortage (less than $5,350) will remain:'
uncollected and the city will not be required to pay the shortage. After a one period, La
Quinta .iould 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.
173�5
ATTACHMENT 2
TO:
FROM:
DATE:
4 4V
MEMORANDUM
Steven Speer, Assistant City Engineer
Nazir Lalani, City Traffic Engineer
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.
346
18
National Statistics for Intersection Related Collisions Involving Alcohol
Insurance Institute for Highway Safety stall 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 than0.10%.
How Many Cities. in the Coachella Valley Currently Have Red Light Camera Prog_r _s
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:
Tvaes of Red Light Camera Automated Enforcement System Eguiyment
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.`
3
20
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: b=:Hsafety.fhwa.dot.gov
Insurance Institute for Highway Safety: b=://www.high3yaysafety.orag
Institute of Transportation Engineers: http://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.shtmi
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.stopredli tmnning.com/index.htm
and http://www.stopredlightnuming.com/
Governors Highway Safety Association: http://www.naghsr.org/html/ghsapolicies.html#redlight
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 34 1hagency 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.
It
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