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2004 06 01 CCCity Council Agendas are Available on the City's Web Page @ www.la-quinta.org CITY COUNCIL acm 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: w n n m r" . r— C 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# 10 0 1p TA �.-�.�� mar. �..�—.�� � t��■ iT� + '1�lml(�7.'L �_• iIZ,&ff:/1W�--�tiZrt-�� i r�i ago - go IT ru,�� s rr 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 ru 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 15 2 T- 01 1 1 M i 1 O 0♦ ON O O N O \ I Y J I N In �t t u < I O 1 LLI I- 1 NO O 00 %0 NO O 1 S O 1 00 Ok in In � ti WNCC I uH 1 M N O W I 1 < co I I G � 1 •I O Z I I •+ 1 W CC 1 1 d 0 1 1 d 1 1 O W 1 F- Z I ►+ 1 O < 1 4c -Ic -Ic -k 4c 4c -Ic H 1 O 1— 1 Z I Z uW 1 O i d/Y 1 00 w4a,000% CA ON 00 00 cm 00 00000000000000OIn00000-10000 O 1 \1 NN 0♦a--NMI- MM 00 O.O% ♦t♦t in Ln 00O000OuN0v%v►VnOu10NaL^0LALnM000a u 1 W u 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . u 1 uw 1 %0%0 0%0I-N0 0000 %0-0 %0%0 00 00000f�0r-0NI-t-u►I.-0%0&MN0r►P-M0000 < I Z" I MIMI Of%_mwo% Intn In LA 11%1A c-e- titi o0LAOON000U%NOMMNMtANNNO1nM000000in0 1 <Cb 1 ♦t oorn cm cm tee- (Y. 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N ti 00 c0 001` NO 00 0% N =-00 1 ZN I N-t 04N V1M %OW1001-�ON MONO NO tiNr-4sssIt <Ac 1 00 1 MN t--uir•N 01-v-1-00 O-.t v-M N 0L19> 1 0>Z 1 0%0 0= O%t 0%fO►NNO► 0V1 00 0ONON0%0N0k0► Iu01- 1 ZZ 1 01` O ON 0.f�t0-.te- 001, Or- ONNNNNN =oc" I W8-I 1 Or• O= ON 0.40%OSNOf.- 000 Or- 0000000 CLdu I > 1 0r- 0N 0Q 0knIn0lnti 0M 0In 0titititi1%-f` 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 8817u/2588/00 -2- I .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 8817u/2588/00 -3- 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 8817u/2588/00 -4- 7 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 8817u/2588/00 -576 - 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 8817u/2588/00 -6- 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 8817u/2588/00 -7- '78 -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 8817u/2588/00 -8- 4 6 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 8817u/2588/00 -9- 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 01/24/92 8817u/2588/00 -10- LOT • 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 01/24/92 8817u/2588/00 -11- 8� �9 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. 01/24/92 8817u/2588/00 -12- 40 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 01/24/92 8817u/2588/00 -13- 41 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 01/24/92 8817u/2588/00 -14- 2 Os 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 01/24/92 8817u/2588/00 -15- To) 4w .d 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) 01/24/92 , 8817u/2588/00 -16- �► �4 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 01/24/92 8817u/2588/00 -17- 2 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 01/24/92 89 8817u/2588/00 -18- 06 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 01/24/92 8817u/2588/00 -19- 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 01/24/92 8817u/2588/00 �20r 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 01/24/92 8817u/2588/00 -21- 92 n9 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 O1/24/92 8817u/2588/00 -22- 93 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 01/24/92 8817u/2588/00 -23- 31 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 8817u/2588/00 -24- 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 01/2 4/92 8817u/2588/00 -25- M 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. 01/2 4/92 8817u/2588/00 -26- 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: 01/24/92 98 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 8817u/2588/00 Exhibit B "9 ._. EXHIBIT "B Nk tOco OC 00 CO o" O �1 00 N �2v vy� Wu SHEET 1 OF i �c EXP.09-30.95 �,� �\ OF CW. o � 5 a s p w m o p �1 Ww oo. a =50. 44' 52' Z A•138.i1 ap, L-122.33 P T=65.50 50' 9 N 89'51'05'w 478.26 307 AVENUE INE TA BEARING OIS'�ANCE s N 58' 48' 510E 67.92 Z N 31.11'096W 37.34 N 58.480510E 48.00 4 N 31.11' 090M 34.97 s N 39.24'036E 10.00 s N 50.35' 57' N 52.57 7 N 000 08 ' 55 0 E 15.39 e N 43.06' 120E 32.50 N 89.58' 50 0 M 44.00 IT C of aV7M AVENUE SHEET i OF i GROSS LEASE AREA 1339436 S.F. - 3.06 AC 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. S:/Community Services/Boys & Girls Club Agreement 2003-04 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 Joe�6 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. S:\Community Services\Boys & Girls Club Agreement 2003-04 Final Version.doc 6 1.10 .. 3 7 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. S:\Community Services\Boys & Girls Club Agreement 2003-04 Final Version.doc �g 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) SACommunity Services\Boys & Girls Club Agreement 2003-04 Final Version.doc 11 n g 9 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 S:\Community Services\Boys & Girls Club Agreement 2003-04 Final Version.doc 9 13 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" S:\Community Services\Boys & Girls Club Agreement 2003-04 Final Version.doc 10 114 51 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. 11,1 975/015610-0002 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. 116 975/015610-0002 _2_ 53 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 474935.03 a05/25/04 3 4j� 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. S:\CityMgr\STAFF REPORTS ONLY\C2 Boys and Girls Club Joint Use Agreement 06-01-04.doc 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 119 S:\CityMgr\STAFF REPORTS ONLY\C2 Boys and Girls Club Joint Use Agreement 06-01-04.doc 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 S:\CityMgr\STAFF REPORTS ONLY\C2 Boys and Girls Club Joint Use Agreement 06-01-04.doc 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 S:/Community Services/Boys & Girls Club Agreement 2003-04 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. ^4 121 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 N n5 12;? 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 S:/Community Services/Boys & Girls Club Agreement 2003-04 3 123 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. S:\Community Services\Boys and Girls Club\Boys & Girls Club Agreement 2004-05 Final Version.doc 4 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. S:\Community Services\Boys and Girls Club\Boys & Girls Club Agreement 2004-05 Final Version.doc 10 127 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 1. 3 0`� ,o ti .+.�.7.. 4 _ F JA. 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 1 f r AVENUE 54 sp. =�015 90 NO SCALE PERIMETER IMPROVEMENTS PROJECT AREA I " • �ljrrrr�irrrr�rrrrrr� ._` mi ♦a�!!!�i !- �tt��rrrrrrirrrr I I. AVENUE 58133 �.ZICM ,�.�xsm-ins f C M r L T Z M1t 740.7n4W3 3 rLANN•t: •NSIN••tf swavayotf 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 `fi n EXHIBIT "A" CONTINUED 1owT PCB. T.P. a� 21200 1 ?%r �7 PA — — ��1'06'"Ir P.0►.& 6�00' I SZW _ ••.i h � � 3 PARCEL 1 RW .g P. M. 31248 _^y W EX ' r �J&x Ct�iB--� • �"P .R fMtgf' /IV fX R/IY �� II I I I I DEDICATION AREA `Fr CURB 7I -a S457557T R AMO CONTAINING 1.96Z58 SOUARE FEET lP/1 1 AYE. GRAPHIC SCALE 29 ;tin 100 2pp 1 inch _ 50 tt. 7 146 VICINITY JMP ATTACHMENT 3 C7 m Q o 12 (N D rho m l m j rr > �W> `Af 1p yto • � -{ z 0 D n z O m c� m z m o�� _m' z 9 22 =ZT Q m m Q 222 � m S Z i 0 (A p �Fr RNA 2A � P >°12 �A p �S �: � m �pm p ti > z i `8 !4+ z 4 cm m m>,n 2 n A>' r' 9 z o S�S z O C 5� m z D x m O z 0 0 m n D ft 0 m c� m 0 D n n m z 0 m �g N III O 2v� w =11 yam 018 wN cn S m ' i>_ mom m m��� r 1* _�,�� m �� o ki 2 >i= jTi i z04 Ln mm =L Z o —I. _�� D ��o��� m o "'Q o� D i 11 y� "'m� 2PAil� z my L z>�. ot0 �� �� z �v c�f�+IC C 60 OR > 0 sto —i (A 2A2xcq9Aq r la zto d mt°� m C O FA 1 0 m vi (N D m m z y i W n O 0 m'^ D m z �- (78.r,) i WA (AW73W'w rz+s red — OTON STREET Z) 4" 5i — 4 txro t nnnabn'w .nSOO' Pb a V I ^� C� N+ + �� I �� "rt 1 aA ovN � p 1 rl , " v til I �� ,,, » " h N r 67-i zo' ^„ r J27as' 10,00, ror. 0 r►"� i W y +m O ol �ao�a t 8 v gin P I N is ry " h g � O Lr� yqj N� 1� IA156' htv2o,34*w �' r 30 D P& N n"� �h o a No D qy{ + m n"P� i ;-"� T L ^^ (oop� — CALEO BAY -W �szes� — y r � ti O 8c �! �!t N 8 a D AnN it � A 2�5 _ t0pfl ?a rn w 'D O /^ (N DAY i g � ITI A ' I q Or r� ar rrr�ru C:Az�1 a poF, D m t xm RIVE �rNr W Nr6�0m �I�yyrrrrrr�rM�rr VPUw W O VO z Z �m z� t1D r m 1ryy H Sn �u OpJpNpiYI p� �1Wy��N��pp p. Y�yryb+ �� pVp Pgmi i 59'i 5' CA.C64 i AAMA SrlA cn N r1 149 L 0 o W s OF 'r1�ti9 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. SACommunity Services\CAC\CACMIN.4.8.04.doc 285 03 Cultural Arts Commission Meeting April 8, 2004 Minutes Page 4. 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 SACommunity Services\CAC\CACMIN.4.8.04.doc 286 REPORT/INFORMATIONAL ITEM: /g 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 P:\CAROLYN\Hist Pres Com\HPC 3-25-04.doc Last printed 5/21 /04 9:56 AM Historic Preservation Commission March 25, 2004 VII. COMMISSIONER ITEMS: A. Staff presented information on the April 28 - May 1, 2004 California Preservation Conference. The Commissioners will receive 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. r ♦ w Historic Preservation Commission March 25, 2004 F. Commission .Puente suggested changing the date of next month's meeting to April 22, 2004, The Commissioners unanimously agreed. G. Commissioner Mouriquand suggested the Commissioners each bring their notes and information from the California Preservation Conference (April 28 - May 1, 2004) to be shared at the May 20, 2004, meeting. VIII. ADJOURNMENT There being no further business, it was moved and. seconded by Commissioners Puente and Wilbur to adjourn this Regular Meeting of the Historic Preservation Commission to the next Meeting to be held on April 22, 2004. This meeting of the Historical Preservation Commission was adjourned at 3:47 p.m. Unanimously approved. Submitted by: �a Carolyn alker Secretary 3 289 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. P:\CAROLYN\Hilt Pres Corn\HPC 4-22-44.doc Last printed 5/21 /04 9:56 AM 290 Historic Preservation Commission April 22, 2004 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. 2 291 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. 3 292 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 4 293 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 2940 Historic Preservation Commission 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� R 295 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, 296 Investment Advisory Board Minutes 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." ' 2 297 Investment Advisory Board Minutes April 14, 2004 ► 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. 3 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 AI 299 Investment Advisory Board Minutes April 14, 2004 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. 5 300 Investment Advisory Board Minutes April 14, 2004 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. 0 301 Investment Advisory Board Minutes April 14, 2004 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. 7 302 Investment Advisory Board Minutes April 14, 2004 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 303 Investment Advisory Board Minutes 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. 9 304 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 10 345 Investment Advisory Board Minutes April 14, 2004 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. G:\WPDOCS\PC Minutes\4-13-04.doc 307 Planning Commission Minutes April 13, 2004 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. G:\WPDOCS\PC Minutes\4-13-04.doc 2 308 Planning Commission Minutes 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 G:\WPDOCS\PC Minutes\4-13-04.doc 3 309 Planning Commission Minutes 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 310 G:\WPDOCS\PC Minutes\4-13-04.doc 4 Planning Commission Minutes 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: G:\WPDOCS\PC Minutes\4-13-04.doc 5 311 Planning Commission Minutes 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. G:\WPDOCS\PC Minutes\4-13-04.doc d12 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 G:\WPDOCS\PC Minutes\4-13-04.doc 7 313 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, G:\WPDOCS\PC Minutes\4-27-04.DOC 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 G:\WPDOCS\PC Minutes\4-27-04.DOC 2 315 Planning Commission Minutes 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 G:\WPDOCS\PC Minutes\4-27-04MOC 3 316 lC Planning Commission Minutes 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 G:\WPDOCS\PC Minutes\4-27-04.DOC 4 317 Planning Commission Minutes 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 G:\WPDOCS\PC Minutes\4-27-04.DOC 1318 Planning Commission Minutes 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 CITY COUNCIL MEETING SENIOR CENTER SALAD DAYS LUNCHEON 11:30 A.M. -1:30 PAt CITY COUNCIL MEETING - BUDGET CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING - CANCELLED CITY COUNCIL MEETING 32�^ June 2004 La Quinta City Council Monthly Planner Sunday MondayUednesday I IlUrscjay t-riciay oa Lu r,;.. 2 3 4 5 May Ei3E1 fEi EI„IIIIIII!EE Ili'! S T W T F S M 2:00 PM City Council Meeting 10:00 AM ALRC II ji 2 3 4 5 6 7 8'�E 9 10 11 12 13 14 15 16 17 18 19 20 21 22 1s '!! 29 23 24 25 26 27 28 30 31 ' G E,II III} '! ,I In i 11111011111110111 6 7 8 9 10 11 12 6:00 PM CVAG Exec. 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energy/Envi- Cmte-Adolph Abate. -Perkins Henderson Sniff 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts Commission Advisory Board Commission 13 14 15 16 17 18 19 7:30 AM CVEP-Adolph 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 10:00 AM Special City 10:00 AM Pub. Sfty- 2:00 PM City Council vation Commission Council Meeting Perkins Meeting (budget) 12:00 PM Transp-Perkins 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. Flag Day 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM CVAG Human/ 9:00 AM LAFCO- Commission Comrn-Osborne Henderson Father's Day 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne 2 7 28 29 30 =}l�►� E EI! E,a 3, ' 111 I 1 5:00 PM CVAG Exec. EI, ! ! 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Mnmt-Henderson S M 1 2 3 4 5 j=°€€!! 1 2 3 4 5 6 7 F=H I 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 i !i 20 21 22 23 24 25 26 I ; 22 23 24 25 26 27 28 I ( 27 28 29 30 29 30 31 I 4 5 6 7 8 9 10 (City Hall Closed for 2:00 PM City Council 10:00 AM ALRC 9:30 AM Animal Campus - it Fourth of July Holiday) Meeting Henderson 12:00 PM Energy/Envi- Sniff Fourth of July 7:00 PM Cultural Arts Commission 11 12 13 14 15- 16 17 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 3:00 PM Historic Preser- 10:00 AM Pub. Sfty- Abate. -Perkins Henderson vation Commission Perkins 7:00 PM Planning 5:30 PM Investment 12:00 PM Transp-Perkins Commission Advisory Board 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 18 19 20 21 22 23 24 9:00 AM CVA-Henderson 9:00 AM LAFCO- 2:00 PM City Council Henderson Meeting 25 26 27 28 29 30 31 6:00 PM CVAG-Exec 7:00 PM Planning 12:00 PM CVAG Human/ Com-Adolph Commission Conan -Osborne 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Printed by Calendar Osborne Creator Plus on 5/27/2004 ,) August'2004 La Quinta City Council Monthly Planner Sunday Monday Tuesday ",.,. ," 1 2 3. 4 5 6 7 2:00 PM City Council 10:00 AM ALRC Meeting 8 9 10 11 12 13 14 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energy/Envi- 10:00 AM Pub. Sfty- Abate. -Perkins Henderson Sniff Perkins 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts 12:00 PM Transp-Perkins Commission Advisory Board Commission 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 15 16 17 18 19 20 21 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council vation Commission Meeting 22 23 24 25 26 27 28 7:00 PM Planning 12:00 PM CVAG Human/ 9:00 AM LAFCO- Commission Comm -Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM ORRA Airp- Osborne 29 30 31,!ii;jji,(I! i i. f j 6:00 PM CVAG-Exec I!�� fi'EI•i i'i l;,i��il l ' !;�li �' '; i 'i July i Ci {I September Com-Adolph iij i �fi S M T W T F S 1 2 3 'ji' ��' {' S M T W T F S 1 2 3 4 I . lill l� d 4 5 6 7 8 9 10 i! 5 6 7 8 9 10 11 ! ' 11 12 13 14 15 16 17"i 12 13 14 15 16 17 18 18 19 20 21 22 23 24 19 20 21 22 23 24 25 I 25 26 27 28 29 30 31 26 27 28 29 30 � :•: : i. i!i t Printed by Calendar Creator Plus on 5/27/2004 f 325 .I• i. :•.f : •.:o•:••:r•:::.:=:f Ff••: ::.: •:: !•.np.rq• :::.H .: i= '=•'F •r:. T41tt 4°�'Qrcficfu. 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 350