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1999 12 07 CC--ram � oz U � FCF� OF 'cNti��3 City Council Agenda CITY COUNCIL CHAMBER 78-495 Calle Tampico La O.uinta, California 92253 Regular Meeting December 7, 1999 - 2:00 P.M. CALL TO ORDER a. Pledge of Allegiance b. Roll Call PUBLIC COMMENT Beginning Res. No. 99-154 Ord. No. 337 This is the time set aside for public comment on any matter not scheduled for public hearing. 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. ADDITIONALLY, PERSONS IDENTIFIED AS NEGOTIATING PARTIES WHERE THE CITY IS CONSIDERING ACQUISITION OF THEIR PROPERTY ARE NOT INVITED INTO THE CLOSED SESSION MEETING. - 001 PUBLIC COMMENT - 3:00 PM This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CONFIRMATION OF AGENDA APPROVAL OF MINUTES a. Approval of Minutes of November 16, 1999. ANNOUNCEMENTS PRESENTATIONS WRITTEN CORRESPONDENCE 1. LETTER FROM SUSAN BENAY RESIGNING FROM THE CULTURAL ARTS COMMISSION. 2. LETTER FROM THE RIVERSIDE COUNTY FIRE DEPARTMENT EXPLORER POST #655 REQUESTING FUNDING ASSISTANCE. 3. LETTER FROM THE LA QUINTA CHAMBER OF COMMERCE REGARDING ARTS AND CRAFTS SHOWS IN THE PLAZA LA QUINTA SHOPPING CENTER. 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 DECEMBER 7, 1999. 2. APPROVAL OF A BANKING SERVICES CONTRACT WITH WELLS FARGO BANK. 3. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY. 1j • OOi; -2- 4. APPROVAL OF ANNUAL REVIEW OF THE HOME DEPOT DEVELOPMENT AGREEMENT. 5. AUTHORIZATION TO DISTRIBUTE A REQUEST FOR PROPOSALS FOR THE PARKS AND RECREATION MASTER PLAN UPDATE. 6. APPROVAL OF PARTICIPATION IN THE "LIVING FOR YOUR 90'S" SENIOR INSPIRATION AWARDS PROGRAM. 7. ADOPTION OF A RESOLUTION ACCEPTING DONATION OF ENGINEERING PLAN RACK. 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28458-3, ADVANCED DEVELOPMENT CORPORATION. 9. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28019, THE SEASONS, JIM DAN D., L.L.C. 10. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 29052, LUNDIN DEVELOPMENT. 1 1 . APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO RECEIVE BIDS FOR PROJECT NO. 99-12, CITYWIDE SLURRY SEAL AND RESTRIPING PROGRAM. BUSINESS SESSION CONSIDERATION OF CITY COUNCIL REORGANIZATION: A. SELECTION OF MAYOR PRO TEM B. SELECTION OF REPRESENTATIVES OF VARIOUS BOARDS/COMMISSIONS A) MINUTE ORDER ACTION. 2. CONSIDERATION OF OVERNIGHT TRAVEL FOR COUNCIL MEMBERS AND STAFF TO ATTEND THE INTERNATIONAL COUNCIL OF SHOPPING CENTERS SPRING CONVENTION IN LAS VEGAS ON MAY 23-25, 2000, A) MINUTE ORDER ACTION. 3. CONSIDERATION OF FUNDING REQUEST FROM THE BOB HOPE CHRYSLER CLASSIC. A) MINUTE ORDER ACTION. 4. CONSIDERATION OF CONTRACT CHANGE ORDER NO. 1, TO E. L. YEAGER FOR PROJECT NO. 98-09, WASHINGTON STREET BRIDGE WIDENING, TO PROVIDE RUBBERIZED ASPHALT ON WASHINGTON STREET AND AVENUE 50. A) MINUTE ORDER ACTION. .v. 003 -3- 5. CONTINUED CONSIDERATION OF A RECOMMENDATION OF THE HISTORIC PRESERVATION COMMISSION FOR THE ALLOCATION OF FUNDS IN AN AMOUNT NOT TO EXCEED $10,000 TO HIRE A CULTURAL RESOURCES CONSULTANT TO PREPARE GUIDELINES FOR THE CURATION OF ARCHAEOLOGICAL COLLECTIONS. A) MINUTE ORDER ACTION. 6. CONSIDERATION OF A HISTORIC PRESERVATION COMMISSION RECOMMENDATION FOR DESIGN AND FINANCIAL PARTICIPATION OF A PLAQUE FOR TRADITION/HACIENDA DEL GATO IN AN AMOUNT NOT TO EXCEED $500. A) MINUTE ORDER ACTION. STUDY SESSION DISCUSSION REGARDING THE ART IN PUBLIC PLACES ORDINANCE. 2. DISCUSSION OF RENEWAL OF THE CITY'S FRANCHISE AGREEMENTS FOR SOLID WASTE COLLECTION AND RECYCLING WITH WASTE MANAGEMENT OF THE DESERT. 3. DISCUSSION OF THE ANNEXATION OF THE AREA GENERALLY LOCATED EAST OF MONROE STREET, BETWEEN AIRPORT BOULEVARD AND AVENUE 66, AND WEST OF THE NEW ALIGNMENT OF HIGHWAY 86. 4. DISCUSSION OF LA QUINTA HISTORICAL SOCIETY MUSEUM. REPORTS AND INFORMATIONAL ITEMS A. CULTURAL ARTS COMMISSION MEETING MINUTES OF OCTOBER 14, 1999. B. CVAG COMMITTEE REPORTS C. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (SNIFF) D. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) E. C.V. MOUNTAINS CONSERVANCY (SNIFF) F. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON) G. LEAGUE OF CALIFORNIA CITIES COMMITTEES H. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS BUREAU (HENDERSON) I. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE (HENDERSON) J. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION K. RIVERSIDE COUNTY LIBRARY SYSTEM ADVISORY COMMITTEE (HENDERSON) L. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD M. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) N. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) -4- 004 DEPARTMENT REPORTS A. CITY MANAGER 1. RESPONSE(S) TO PUBLIC COMMENTS 2. MARKETING PROGRAM STATUS REPORT B. CITY ATTORNEY C. CITY CLERK 1. REPORT ON UPCOMING EVENTS D. BUILDING AND SAFETY DIRECTOR E. COMMUNITY DEVELOPMENT DIRECTOR 1. REPORT ON THE COST AND CITY REGULATIONS REGARDING A POTENTIAL ELECTRONIC READER BOARD. F. COMMUNITY SERVICES DIRECTOR G. FINANCE DIRECTOR H. PUBLIC WORKS DIRECTOR I. POLICE CHIEF 1. MONTHLY REPORT FOR OCTOBER 1999 J. BATTALION CHIEF MAYOR AND COUNCIL MEMBERS' ITEMS RECESS TO REDEVELOPMENT AGENCY MEETING RECESS UNTIL 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for a public hearing. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. PRESENTATIONS 005 -5- PUBLIC HEARINGS PUBLIC HEARING ON THE VACATION OF EASEMENTS RESERVED OVER PORTIONS OF AVENUE 55, RANCHO LA QUINTA ROAD, PASEO DEL RANCHO, AND OTHER UNNAMED STREETS WITHIN THE GREG NORMAN GOLF COURSE, STREET VACATION 99-040. A) RESOLUTION ACTION. 2. PUBLIC HEARING ON TENTATIVE TRACT MAP 23773 (EXTENSION #2), FOR A ONE-YEAR TIME EXTENSION TO SUBDIVIDE 20.95 ACRES INTO 77 SINGLE FAMILY LOTS AND PRIVATE STREETS LOCATED WEST OF ADAMS STREET AND NORTH OF AURORA WAY IN STARLIGHT DUNES. APPLICANT: CENTURY-CROWELL COMMUNITIES A) RESOLUTION ACTION. 3. PUBLIC HEARING ON TENTATIVE TRACT 29147, REVISION #1, TO INCREASE THE NUMBER OF SINGLE FAMILY LOTS FROM 133 TO 152 ON 172.88 ACRES WITHIN SPECIFIC PLANS 83-002 AND 90-017, APPLICANT: KSL LAND CORPORATION A) RESOLUTION ACTION. 4. PUBLIC HEARING ON TENTATIVE PARCEL MAP 29288 AND SITE DEVELOPMENT PERMIT 99-655 TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S DECISION ON CONDITION NO. 53 OF THE SITE DEVELOPMENT PERMIT AND CONDITION NO. 37 OF THE TENTATIVE PARCEL MAP REQUIRING THE UNDERGROUNDING OF UTILITIES FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF ADAMS STREET AND MILES AVENUE. APPLICANT: MARK AND DOROTHY HASTINGS A) RESOLUTION ACTION. JOINT PUBLIC HEARING WITH THE LA QUINTA REDEVELOPMENT AGENCY 5. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO APPROVE AN AGREEMENT TO SELL REAL PROPERTY LOCATED AT 52-365 AVENIDA MARTINEZ BY AND BETWEEN MARY McCRUMB AND THE LA QUINTA REDEVELOPMENT AGENCY AND AUTHORIZATION FOR THE EXECUTIVE DIRECTOR TO EXECUTE THE NECESSARY DOCUMENTS. A) MINUTE ORDER ACTION. ADJOURNMENT -6- U •. 006 DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, California, do hereby declare that the foregoing agenda for the City Council meeting of December 7, 1999 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Stater Bros., 78-630 Highway 111, on Friday, December 3, 1999. DATED: December 3, 1999 JUNE S. GREEK, City Clerk City of La Quinta, California PUBLIC NOTICE 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, 24-hours in advance of the meeting and accommodations will be made. -7- • k L 0 0'i WRITTEN CORRESPONDENCE ITEM: I November 15,1999 To: Honorable Mayor Pena and City Council Members These past several years on the Cultural Commission has offered me the great privilege of serving both the City of La Quinta and the community of La Quinta. I have been fortunate to both participate in as well as see many, many positive changes in the direction of developing a broad, rich cultural base for the Arts in La Quinta. And, I see an even brighter future for the Arts on the horizon...... Unfortunately I must now offer my resignation as I have moved to North San Diego County. However, with my resignation, comes a feeling of gratitude for the support our commission has received from the council, the camaraderie of my fellow commissioners, and a belief that the Arts will continue to thrive ..... and even EXPAND! --enriching the quality of life in La Quinta and solidly contributing to the economic, educational, and social development of our community. Polished by the Arts, La Quinta surely will be the reigning "jewel" of the desert! Best Wishes to the presen true! 11: C C- C r� L Riverside County Fire Department Explorer Post #65.07 44900 Eldorado Drive WRITTEN CORRESPONDENCE ITEM: Al Indian Wells, CA 92210 Honorable Mayor Pena and members of the City Council 78495 Calle Tampico La Quinta, CA 92253 November 10, 1999 Dear Mayor Pena, I am writing to you on behalf of the Riverside County Fire Department Explorer Post # 655. The Riverside County Fire Department Explorer Post # 655 is comprised of 13 young men and women who have expressed an interest in the fire service and are eager to learn and meet the challenges it entails. Out of the 13 members, eight are attending La Quinta High School. The Explorer program is outlined that after two years of training, the explorer scouts participate in a ride a long program where they are able to observe and participate on medical aids and on fire grounds incidents. The structure of the program also enhances the explorers self esteem, instills good work ethics and promotes community service. Over the past several years we are finding it more and more difficult to continue the program without financial assistance. At this time the explorers are in need of several important items to assist them in their training and their community service goals. Below is a comprised list of needed items: Training Manuals $30.00 each Fire Helmets ( First Due FF, Model 1500, Black) $100.00 each Fire Explorer Academy $200.00 per person Uniforms ( pants, shirt, boots, belt ) $275.00 per person We ask that you please review the list and any grants or assistance the City of La Quinta can provide would be greatly appreciated. The community has already benefited from Explorer Post # 655. We have had four graduating explorers who have continued with the fire service, three of whom have served the City of La Quinta as volunteer firefighters with the Riverside County Fire Department. On behalf of the Explorer Post # 655, I would like to thank you for your attention and consideration on this matter. Sincerely, Nicole Reyes, Fire Explorer 006 WRITTEN CORRESPONDENCE ITEM: 3 November 23, 1999 John Pena, Mayor City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Mayor Pena, \FR OF Over the past several years West Fest Productions has put on weekend arts and crafts shows in the Plaza La Quinta shopping center. These shows are generally held during the high season. Without question, the shopping center has shown growth in weekend traffic on art show weekends, which can be tracked to increased retail sales. Unfortunately, the City's new regulations preclude these shows from occurring more than four times in a calendar year. (Section 9.100.140 #5 - Temporary Outdoor Events). The effect in our estimation will be harmful to the center. We would like to formally request that this regulation be reversed and modified to accommodate these shows. It doesn't seem that this regulatory provision should apply to weekend arts and crafts shows, especially where there is such a positive impact on commerce and retail sales. Thank you for your reconsideration. Please advise when this might be discussed at a council meeting. Sincerely, Gi ��LifX1� Shelly Mo 's Chairperson of the Board Cc: Terry Henderson, Mayor Pro -Tern Stanley Sniff, Council Member Don Adolph, Council Member Ron Perkins, Council Member Tom Genovese, City Manager Jerry Herman, Community Development Director , 'a ��lllftfll (111111��FY Of C-0111/11fY1E A O ficc b i It 2 i S ,61 VII&M, C,4 92253 760- � 64-3 / 99 • 917V 760-564-3 / 11 010 Audrey Ostrowsky 10501 Wilshire Blvd. #1409 Los Angeles, Ca. 90024 #310-474-4725 December 7, 1999 City of La Quinta POB La Quinta, Ca. 92253 POB 351 RECEIVED La Quinta, Ca. 92 J 7 #760-776-2777 new r PM12:02 CITY CITY CLERK' OFFIC OFFICE ATT: Mayor Pena, and City Council Members Last Monday John N. Yonai phoned me, and Tuesday I returned his call. He told me that the Redevelopment Agency was going to be involved in the downtown, as the city felt that the lots were too small for developing, so they were going to assemble them. I was thrilled, as a few years ago, Don Parker, the adjoining landowner on Montezuma and I were investigating putting a hotel on our land. After awhile, I realized that we didn't have enough land. And found it difficult to purchase all the lots we needed. So I told John, that finally the city was listening to me, and helping me develop my land with the Redevelopment Agency. And he agreed Wednesday, after a long discussion on my developing a hotel on my land, he surprised me and tried to convince me that the land was worthless for development, but the city wanted to purchase the land, and then turn it over to a developer. After twenty-two years of owning this land, and not selling it in the past, and investing in the stock market, I want to assure you that I have no intention of selling the land, but will continue my efforts to build a hotel, which I have named "The Inn on the Park." Hopefully with the assistance of the Redevelopment Agency, we will finally work together to have a Mid -Priced downtown hotel, as suggested in the 1999-2000 Economic Development Plan by Rosenow Spevacek Group, Inc. But the suggestion by the Arts Foundation to have a subsidized Live -Work Artist studio, maybe next to my hotel shocks me. I mentioned it to a few cove residents, and the anger at the devaluation and lose of their equity in their homes with the mass of low income homes, and then to have more subsidy for artist's homes in the commercial downtown can cause frankly a riot, or recall of the council. The very few artists that want to live in LQ have bought homes in the Cove. Everyone says, that your continued desire to have an art colony, was supposedly stopped years ago, and they cannot understand why you would want to continue to ruin the valuable downtown commercial property with more art subsidy instead of developing an economically feasible commercial area. Even KSL realized that it was economically unfeasible to have a art colony as was originally planned on their land. O11 -2- Now with the planned new streets, and the council's reconsideration of two way streets on the North side of Montezuma, as it has been for over fifty years, we can plan together to finally develop my downtown property. Therefore, I hope that the city will work with me to plan an economically profitable hotel. Office buildings are not needed, because the original Landmark building on agricultural land remains partially unoccupied. It will be a pleasure to work with the city in a positive fashion, as frankly, developers have said that the previous restrictions placed on the downtown have stopped development until now. 012 Audrey Ostrowsky 10501 Wilshire Blvd. #1409 Los Angeles, Ca. 90024 #310-474-4725 December 1, 1999 City of La Quinta POB 1504 La Quinta, Ca. 92253 RECEIVED POB 351 l999D La Quinta, Ca. 92253 EC PM 12: �2 #760-776-2777 new n1awo,F' QUI Y CtERK'S UINO,cFE ATT: Mayor Pena, and City Council Members As a result of a great deal of time, energy, and personal expense investigating the Redevelopment Agency Law, I obtained a booklet on what TIF is, and that the funds generated can be used for public improvements such as repairs to streets, sidewalks, and sewer system. I am wondering what has the City of La Quinta done with the Tax Increment Financing? Why hasn't TIF paid for the sewers instead of the people in the Cove? Or why hasn't the city used the Federal programs that I received from the office of Senator Feinstein about funding sewers? Remember these are the voting people in La Quinta. As residents complain, you don't care about the people of the Cove, and the hardship they face in paying their taxes and monthly bills. Instead of the city paying for the sewers thru the TIF program, or government funding, the City is planning or did buy the overpriced Historical Building, and maybe spending more money to move the building to the City Hall area. Besides using Redevelopment Funds for the Chamber of Commerce, and the Art Foundation. People question whether this was legal. Its rumored that you bought 3/4 of an acre of land at a cheap price, after negotiating with a dying man so the city can have more land for the city hall area. The values of the council members in buying more monuments, but at the same time pushing elderly, sick dying people has a long history in La Quinta. years ago, a 85-90 year old widow cried to me that the city had taken her land. I believe it was 35-45 acres for $35,000- $45,000, and Councilman Larry Allen said, "We got a good deal." People have asked me what comments I get after I speak at the council meetings, and they are shocked that I don't receive any reply. In a democracy people are supposed to have input in the running of a government. It appears that the council doesn't want to discuss anything in which they disagree. It is being said in La Quinta that we have a form of fascism, as the City Council only answers the questions of their friends when they speak at the Council meetings. 01 _2- A month ago, I asked why the date palm trees at Eisenhower, and Tampico were chopped down without the City of La Quinta taking any action. The City of Indian Wells didn't allow a developer to remove all the date palm trees on their land. I was told by Mayor Pena that there was nothing that the city could do, but that isn't true. I would suggest that the council members get a copy of the General Plan on Open Space Policy, Chapter 4- Open Space Element Page 4-5, 4-7, and 4-8. This is just another example of the City Council allowing their friends to help destroy a beautiful city. 014 12/06/1999 15:53 818-905-7253 AIC TO: Office of the Mayor FROM: Donald C. Parker RE: Avenida Montezuma Street DATE: December 6,19" PACE 01 d/ C, C41G. CAAe,e.l P VJ e� Enclosed are two letters regarding the park on Avenida Montezuma Street. Please distribute a copy of both items to all City Council members and to Ms. Audrey Ostrowsky. 'Hank you for you attention. ■ $UIM.wpd FAX include 3— Pagm, including Cover Sheet lrlb. r%uurCy VBIIUwstcy 015 12/06/1999 15:53 818-905-7253 AIC PAGE 02 December 6, 1999 ,Dear Mr. Mayor, Enclosed is a memo to Bob Xessayian from me dated October 19, 1999. I believe the memo is self-explanatory and specifically addresses the need for a two-way street around the park in downtown La Quinta. There would be much more opportunity for accidents to occur by having a one-way street instead of a two-way street. The speed alone, of which automobiles would drive on a one-way street would be dangerous. Therefore, please be advised that I am giving Audrey Ostrowsky my vote to make Avenida Montezuma Street a two-way street as it was originally designed and where there have been no fatalities, accidents or injuries that I'm aware of since the beginning of its initiation as a two-way street. Ms. Ostrowsky has my consent to speak against the one-way street and has my vote to cast either in a petition or in a community vote to go back to the two-way street. Cordially, kC.Parker n cc: All City Council Members Ms. Audrey Ostrowsky XMI 12/06/1999 15:53 818-905-7253 AIC PAGE 03 October 19, 1999 To: Bob Yessayian From: Don Parker Bob, it would appear to me that the two-way street is much safer around that park in downtown LaQuinta than a one-way. Since the one-way street test has been in effect, I have seen, as well as others, cars speeding around that street like a race track, which could create accidents and as a result cause children and adults alike great physical damage and even death. 'his would not happen if it were back to the original two-way street. There is no rational reason why it should have been changed from a two-way street to a one-way street. For all the years that LaQuinta has been a village town or city there has never been one accident or fatality that had occurred on that street. A change without reason has no meaning. Therefore, you have my vote against the continuance of a grace track like the one-way street that the Avenida Montezuma has become around the Francis Mack Park. So that there is no misunderstanding, again, I am giving you my vote which represents 11 of the parcels around that park. If we were to take the rest of the landowners around that park we should have at least 44 if not all of the 48 lots represented as against the one-way street. I sincerely hope that those individuals who are acting on behalf of the people of LaQuinta do just that and do not take it upon themselves to play God. 017 P. 01 TRANSACTION REPORT DEC- 7-99 TUE 3:08 AM FOR: CITY OF LA QUINTA DATE START SENDER RK TIME PAGES TYPE NOTE DEC:- 7 3:06 AM 818 905 7253 1'54" 3 RECEIVE OK 1 0 e« -00�N}"S Joseph A. Irwin 44-065 Camino La Cre,4% DEC 3 flN 10 32 La Quinta, CA 92253-3950 CITY OF LA QUINTA December 2, 1999 CITY MANAGER'S OFFICE Mark Weiss Assistant City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Mark: This will serve to advise that the La Quinta Historical Society Board of Directors met in closed session after this evening's public meeting to discuss the four options outlined in the City Manager's letter of October 25. After considering the fine presentation made by you and Tom, and taking into account all of the thoughtful comments offered by members of the Society and public, the Board unanimously adopted the following resolution: RESOLVED that the Board recommends that City Council take the necessary action to cause the City to acquire and expand the Museum at its current site and investigate potential for acquiring additional space adjacent to the current site and expand accordingly. This may include making an offer to acquire property west of the Museum and vacating Avenida Mendoza. This recommendation is subject to the execution of satisfactory lease and operating agreements. We look forward to a fruitful meeting with Council next Tuesday. In the meantime, please do not hesitate to call if you have any questions. Sincerely, cc: Thomas P. Genovese 019 t T4ht 4 4Qa&ta COUNCIL/RDA MEETING DATE: DECEMBER 7, 1999 ITEM TITLE: Demand Register Dated December 7, 1999 RECOMMENDATION: BACKGROUND: Prepaid Warrants: 39172 - 391741 39175 - 391801 39181 - 39183 ) 39184 - 391861 39187 - 39196) Auto Mall 10141 Wire Transfers; P/R 4002 - 41481 P/R Tax Transfers Payable Warrants: 39197 - 393111 FISCAL IMPLICATIONS: Demand of Cash -City Approve Demand Register Dated December 7, 1999 4JohM.coner, nance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 1,573.73 1,222.50 1,372,52 140,709.74 1,494, 05 317,864.90 48,219.94 177,971.44 50,476.97 CITY DEMANDS 973,164.96 RDA DEMANDS $1,714,070.75 $1,710,272.28 $1,710,272.28 3,798.47 $1,714,070.75 020 CITY OF LA QUINTA AUTO MALL BANK ACCOUNT TRANSACTIONS 11/10/99 - 11/30/99 CHECK # 11/16/99 1014 STAMKO DEVELOPMENT $317,864.90 TOTAL TRANSACTIONS $317,864.90 CITY OF LA QUINTA BANK TRANSACTIONS 11/10/99 - 11/30/99 11/12/99 WIRE TRANSFER - DEFERRED COMP 11/24/99 WIRE TRANSFER - DEFERRED COMP 11/12/99 WIRE TRANSFER - PERS 11/24/99 WIRE TRANSFER - PERS 11/12/99 WIRE TRANSFER - CREDIT UNION 11/24/99 WIRE TRANSFER - CREDIT UNION TOTAL WIRE TRANSFERS OUT $4,833.49 $4,833.49 $13,452.16 $13,452.16 $5,824.32 $5,824.32 $48,219.94 022 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 4:40PM 11/30/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 39197 11/30/99 &00941 GARY TOMAK 200.00 39198 11/30/99 &00942 WILMA AWERBUCH 80.00 39199 11/30/99 &00943 ALICIA AGUIRRE-TAPIN 72.00 39200 11/30/99 &00944 LINNEA ERICKSON 25.00 39201 11/30/99 &00945 IRIS MAGIDOFF 40.00 39202 11/30/99 &00946 BRUCE MARQUETTE 24.00 39203 11/30/99 &00947 LEONARD CLARK 40.00 39204. 11/30/99 &00948 MAUREEN SKEESE 20.00 39205 11/30/99 &00949 JUDY UNDERWOOD 32.00 39206 11/30/99 &00950 OLIPHANT & WILLIAMS ASSOC 537.32 39207 11/30/99 ALC050 BOB ALCALA 53.83 39208 11/30/99 ARC050 ARCHAEOLOGICAL ADVISORY 2040.00 39209 11/30/99 ARRO10 ARROW PRINTING COMPANY 436.39 39210 11/30/99 ASCO01 A & S COFFEE SERVICE 76.50 39211 11/30/99 AUT030 AUTOMATED TELECOM 823.32 39212 11/30/99 BAL150 ART BALLOY 1092.00 39213 11/30/99 BAN065 BANK OF AMERICA ESCROW 25660.36 39214 11/30/99 BLU011 BLUEPRINTER 206.38 39215 11/30/99 BNIO10 B N I BUILDING NEWS 333.28 39216 11/30/99 BOY075 BOYS & GIRLS CLUB OF 7500.00 39217 11/30/99 CAD010 CADET UNIFORM SUPPLY 105.37 39218 11/30/99 CAL031 CALIF PARKS & RECREATION 30.00 39219 11/30/99 CAL035 CAL PRESERVATION FOUNDATN 100.00 39220 11/30/99 CAR100 CARDINAL PROMOTIONS 49.35 39221 11/30/99 CAR300 CARQUEST 59.75 39222 11/30/99 CAT100 CATELLUS RESIDENTIAL 15798.77 39223 11/30/99 CIT050 CITY CLERK'S ASSOC OF CAL 140.00 39224 11/30/99 COA080 COACHELLA VALLEY WATER 455.37 39225 11/30/99 COM040 COMMERCIAL LIGHTING IND 1706.29 39226 11/30/99 CON085 CONTINENTAL LEISURE SALES 7279.97 39227 11/30/99 COS050 COSTCO BUSINESS DELIVERY 957.18 39228 11/30/99 DES018 DESERT ELECTRIC SUPPLY 75.43 39229 11/30/99 DESO40 DESERT JANITOR SERVICE 4721.47 39230 11/30/99 DES051 DESERT SANDS UNIFIED SCHL 120.00 39231 11/30/99 DES060 DESERT SUN PUBLISHING CO 4580.17 39232 11/30/99 DES065 DESERT TEMPS INC 4694.80 39233 11/3.0/99 DIE020 D HERNANDEZ DBA DIEGO'S 650.00 39234 11/30/99 DOU010 DOUBLE PRINTS 1 HR PHOTO 37.63 39235 11/30/99 DRE100 DRESCO REPRODUCTION INC 167.54 39236 11/30/99 DRU100 DRUMMOND AMERICAN CORP 295.47 39237 11/30/99 EAG100 EAGLE/HOUSEHOLD BANK FSB 433.62 39238 11/30/99 EIS010 EISENHOWER IMMEDIATE CARE 465.00 39239 11/30/99 GAS010 GASCARD INC 196.36 39240 11/30/99 GER050 GERALDINES COSTUMES 107.75 39241 11/30/99 GUM050 BRAD GUMMER 1008.00 39242 11/30/99 HAR100 JOHN HARDCASTLE 750.00 39243 11/30/99 HIG050 HIGH TECH MAILING SERVICE 1751.76 023 in ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 4:40PM 11/30/99 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 39244 11/30/99 HIL150 HILTON FARNKOPF & 742.50 39245 11/30/99 HOA010 HUGH HOARD INC 162.04 39246 11/30/99 HOM030 HOME DEPOT 96.20 39247 11/30/99 HOP100 NANCY HOPKINS 178.50 39248 11/30/99 IMP015 IMPERIAL IRRIGATION DIST 15782.00 39249 11/30/99 INF030 INFORMATION RESOURCES 125.00 39250 11/30/99 INL200 INLAND POWER EQUIPMENT CO 282.31 39251 11/30/99 INT011 INTERNAL REVENUE SERVICE 700.00 39252 11/30/99 INT013 INTERNATIONAL CITY/COUNTY 677.93 39253 11/30/99 INT016 INTERNATIONAL INSTITUTE 95.00 39254 11/30/99 JAS100 JAS PACIFIC 5510.70 39255 11/30/99 JOB020 JOBS AVAILABLE INC 231.84 39256 11/30/99 JPRO10 JP REPROGRAPHICS 2589.82 39257 11/30/99 JUD010 JUDICIAL DATA SYSTEMS COR 100.00 39258 11/30/99 KIN050 KINKO'S 119.61 39259 11/30/99 KIN100 KINER/GOODSELL ADVERTISNG 12999.87 39260 11/30/99 KRI100 BRUCE KRIBBS CONSTRUCTION 4076.00 39261 11/30/99 LAQ030 LA QUINTA CAR WASH 43.75 39262 11/30/99 LIN050 JAMES LINDSEY 156.16 39263 11/30/99 LUB050 LUBE SHOP 25.89 39264 11/30/99 LUN050 LUNDEEN PACIFIC CORP 6157.94 39265 11/30/99 MAR040 VIC MARTIN 336.00 39266 11/30/99 MCDO10 MC DOWELL AWARDS 72.19 39267 11/30/99 MCK010 McKESSON WATER PRODUCTS 389.32 39268 11/30/99 MIR020 MIRACLE RECREATION EQUIP 609.86 39269 11/30/99 MOM100 MOM'S GAS STATION 686.60 39270 11/30/99 MUN010 MUNI FINANCIAL SERV INC 3077.29 39271 11/30/99 NAT025 NATIONAL NOTARY ASSOCIATI 34.00 39272 11/30/99 NAW010 RON NAWROCKI 2200.00 39273 11/30/99 NEX010 NEXTEL COMMUNICATIONS 2139.49 39274 11/30/99 NIC100 NICKERSON, DIERCKS & ASSC 5109.50 39275 11/30/99 PAL010 PALM SPRINGS DESERT RESRT 90750.00 39276 11/30/99 PER100 PERSONAL TOUCH MOBILE 120.00 39277 11/30/99 PIT020 PITNEY BOWES 138.92 39278 11/30/99 PLA020 THE PLANNING CENTER 243.68 39279 11/30/99 POS030 POSTAL CONNECTION OF 2.58 39280 11/30/99 POW100 POWERS AWARDS 251.11 39281 11/30/99 PRI020 THE PRINTING PLACE 296.31 39282 11/30/99 PUT100 JOE PUTRINO GENERAL CONT 470.00 39283 11/30/99 RAS020 RASA - ERIC NELSON 785.00 39284 11/30/99 RIV083 RIV CNTY INFORMATION 420.00 39285 11/30/99 RIV100 RIVERSIDE COUNTY SHERIFFS 450351.00 39286 11/30/99. RUT050 RUTAN & TUCKER 806.00 39287 11/30/99 SAL050 DAVID SALES 250.00 39288 11/30/99 SAX100 SAXON ENGINEERING SERVICE 1855.00 39289 .11/30/99 SEC050 SECURITY LINK/AMERITECH 30.00 39290 11/30/99 SHAO05 SHADE STRUCTURES 826.03 39291 11/30/99 SMA010 SMART & FINAL 282.63 39292 11/30/99 SMI010 MARILYN SMITH .30.81 024 5 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 4:40PM 11/30/99 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK NUMBER CHECK DATE VENDOR NO. NAME PAYMENT AMOUNT 39293 11/30/99 SOCO10 THE SOCO GROUP INC 85.75 39294 11/30/99 SOU007 SOUTHWEST NETWORKS, INC 5954.85 39295 11/30/99 STA045 STAN'S AUTO TECH 425.54 39296 11/30/99 STA050 STAPLES 766.17 39297 11/30/99 STO100 STORIGHT SYSTEMS LTD 307.95 39298 11/30/99 SUN075 SUNLINE TRANSIT AGENCY 426.85 39299 11/30/99 TER100 TERRA NOVA PLANNING & 914.83 39300 11/30/99 TKDO10 T.K.D. ASSOCIATES INC 333.75 39301 11/30/99 TRIO10 TRI LAKE CONSULTANTS INC 26592.00 39302 11/30/99 TRI100 TRI STATE LAND SUVEYORS & 1175.00 39303 11/30/99 TRU010 TRULY NOLEN INC 86.00 39304 11/30/99 UNIO04 UNITED .STATES POSTAL SVC 3000.00 39305 11/30/99 USO100 US OFFICE PRODUCTS 615.24 39306 11/30/99 VAL005 VALLEY ANIMAL CLINIC 376.00 39307 11/30/99 VER050 FREDRICO VERDUGO 250.00 39308 11/30/99 WIL050 BRITT W WILSON 1089.82 39309 11/30/99 WIS020 WISE MAINTENANCE & CONST 100.00 39310 11/30/99 XER010 XEROX CORPORATION 276.18 39311 11/30/99 YEA100 E.L. YEAGER CONST CO INC 230943.22 CHECK TOTAL 973,164.96 925 9 p Z n 0 O 0 H H W � a a a 0 S E m H m F m OD E E co E co H m F N F N H N F N E co H n m F o i+ a O 0 0 O N 0 0 O O O 0 0 O t'1 r'1 r+l 0 In N O O 0 O d' 0 [F N O 0 O er O O 0 O N o N r't O O N r m 1[1 N Ul ri 0 V O O O O w w O N O ifl O O O d' O O O O O N 0 H w �"1 r O0 5 m O 04 Z 4L E E E N F U ofo +�1 QF oo ofo U ofo U OHO O AE W N °n o z °n W o o z Rr U A o z z Ii'i W U o z 4G °n W 5 U; U °n 0 a IG °n W U 0621 4G U ❑ jsz7 a a z W Q m S [tzj w a: x$ E jz H Wo m o [za7 a a s iz a jz G. 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O m > 0 O m D 0 H O m o 0 H. O m > 0 O m o 0 H O m 0 H 0 m b 0 o >A( /L�� [� V V V y rn ID EpQ+; z rn rn 0 0 n u-� N N N N W W W N N E m F E F H F H E F E a a 0 O to 11 O co O N [y O �O O 1- O N F p • ID o n g Z in �n W a O r o o N of .-I ID d' W O o N O W N ID O C31 09 o to r� r �1 WO a N Ol t�1 N ry p N M �y n a 3 a m aa 6 W rC 0 cC ¢ u 3 a o H a a O a 5 a a a a ° a p S W (n V7 w O o S O z 0 y, sOsCC IW-i rUr�� z qwq z w H z x z r-' cn w U tayZ7 W z W W w fr, w H 4 W w W O > O O W , m , m � H W a m i-+ tra u a 3 W k N r u o a o o m rn z N ti ti co p H o N O Z if1 N r O r O V' � a z a �C w w m a 0 o o w co o 0 o o r o o w pp u1 0 0 0 0 to io to �^ o) om m O o o V' coO O O z \o to r r to ID to to to 5 O u'f O O O o O O u1 in �1 U U o o O O O O o e-1 e-1 .d rl H N (N Fj U V Z z 0 0 Iz z z H 0 0 0 0 a a a a a a Hw H o o a 3 3 3 3 O O Ou U �uC W rzi 3 3 3 3 u � a H a F E F x x p El °a a C O + r VWl RO r7 w w 3 z to z w aaa aaa W ' p o o o o o 0 o o 0 N .-1 I O O a O a o a O a O a O m O a o s r! •WC X x 4 U > 3 3 3 3 3 >" 040 21 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:22PM 11/29/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 39187 11/29/99 ATT075 AT&T WIRELESS SERVICES 45.07 39188 11/29/99 CAL050 STATE OF CALIFORNIA 25.00 39189 11/29/99 COA005 CITY OF COACHELLA 15.00 39190 11/29/99 GTE010 GTE CALIFORNIA 111.48 39191 11/29/99 INT005 INTERNAL REVENUE SVC-ACS 125.00 39192 11/29/99 LAQ050 LA QUINTA CITY EMPLOYEES 364.00 39193 11/29/99 PAL003 PALM DESERT CHAMBER OF 100.00 39194 11/29/99 RIV040 RIV CNTY DISTRICT ATTORNY 426.50 39195 11/29/99 SUP100 SUPPORT PAYMENT CLEARING- 150.00 39196 11/29/99 UNIO05 UNITED WAY OF THE DESERT 132.00 CHECK TOTAL 1,494.05 am 22 M O N f•1 d' N l0 rn rn • H z H rn d x E a 0)H H c��7 tc�t H �C,7t cW� �c77 H E E rn 0) m H cµ�1 �c�7 H E H (71 H w a O T Q` O 0 0 0 0 0 O N r O El p p O In 0,O In m r r �'t O - d' O O 10 ut rt � M r O 0 OD°p p O O O O 111 O O O O f-1 Ifl Itt El I[t z x .--I °U O N ❑ `D O O wm Q 'D N W O 0 to U U w a z z' fC x H W a E W 0 a Z F Z W ❑ R A E w I�-C� cc Q a°' z a U m ca ,7. ' o W � a FO ' x OZ p° w � .0 C7 H H H C7 N m H C7 OH Q H pE z a W H ° O w p pr W rGi FOYn H .7 l�(L' rilo ❑ H ❑ z 00 i H H z E-I U O H uWl tC Q W z H W E H ..1 Q Q W F �+ -M ❑ ❑ W Q Z Z (oQY, Z W W Q U U W u N [L � Q O W H N Pooi Im O ❑ W i !� ROpi cl Q Q W > Iz-I w a W w a > Q u W a > w vD W ° > rc �d H xd > F as a > a x > a n > .a .a a > a x > a w a W W H WQ j 1 > z ai r O O O ON a z ❑ H Q H r4 4 Z a 4 In .�+ ry 10 u r r r m x I O o w H �. w p 1 � p p p O p O N ` 10 O N H ID tD 10 ID ID lD O O O O O O O O O O O O O O O O Z z O O Ul iD ry N 0 r'1 �D N �D v N �D 1D lD w w N Oo N ry O 0 n1 f'1 ID ID N N O0 N N 0 0 N N N Op 0 U U Q' H O O O O O O O O O H O O H H O O O H U a U > ri)£ �aw7 W po O O w w E I a U W ❑ W O p P W w U) Z V. O Wa W U HH '� ^�H HH zH'y Z �i W wry H W W may'' U U El rr�Uv+I C'I H H z W ° . yw H a a 3 u p ° ° W °Ol 0 H a U 0 0 0 H H H a a a U U U x '-7 h' Z H `LH w w 0 " Z ° a a a 3 Q W rC [q a O z a a S V! H U F C� F H H C9 U' U' Z H FC a W W ^ H P4 P+ Pa E H In Z O 9 In O In U O O O O P In n ri O O O �a Da D. O V' H O O 0 z 0 23 142 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:25PM 11/19/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 39184 11/19/99 CEN050 CENTURY CROWELL 125584.39 39185 11/19/99 COA080 COACHELLA VALLEY WATER 14493.35 39186 11/19/99 GRE100 JUNE S GREEK 632.00 CHECK TOTAL 140,709.74 24 z o� rn F E H H E H a a m H rn o �o o m o a N ,-, � ,n o r � rn mko ^ rn ^ H --� A E v H z o a W z EnH m F u a ¢ o rWw-i r4 >>>> m E n F m H a H 0 o H w a z E a a �n DI W W izi A H z H � a a W w a 0 o o w H w m n o 10 10 m m m ID o o IX z rn O ID - m 'D - n w - I o H I W .� � �-I a � m ip vi d' ui d' � v1 of in d' O O U O rl O H O ..-I O H O H O x x a x 0 � a w w w w w CQ < a p U �j lz O V O U a a w 0 U O m O U a a w 0 U O m O U a a w 0 U44 O m O U a a w 0 U O m O U rn O O ��s"]� 044 25 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF 09:31AM 11/16/99 PAGE 1 CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 39181 11/16/99 CAL040 CALIFORNIA VISION SERVICE 39182 11/16/99 ELRO10 EL RANCHITO 39183 11/16/99 NAT025 NATIONAL NOTARY ASSOCIATI CHECK TOTAL PAYMENT AMOUNT 1105.45 238.46 28.61 1,372.52 045 26 � � H co OD p N H H N � m m r-1 H N rn y�y a Z F z H a E 2 . ° RC F a a a o on z A o r > o > > > u z o o v o I I 046 27 ACCOifNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 39175 11/10/99 CAL050 STATE OF CALIFORNIA 39176 11/10/99 INT005 INTERNAL REVENUE SVC-ACS 39177 11/10/99 LAQ050 LA QUINTA CITY EMPLOYEES 39178 11/10/99 RIV040 RIV CNTY DISTRICT ATTORNY 39179 11/10/99 SUP100 SUPPORT PAYMENT CLEARING- 39180 11/10/99 UN1005 UNITED WAY OF THE DESERT CHECK TOTAL 1:45PM 11/10/99 PAGE 1 PAYMENT AMOUNT 25.00 125.00 364.00 426.50 150.00 132.00 1,222.50 .. 047 m H N t'1 a N 10 • zz m m 0 'i u m mol m m m m H ElH ElH (31 H P. a m N 0 0 0 0 0 0 [ o 0 o Li o 0 2 u1 V' ID O N z In a i 0 0 0 0 0 0 0 0 o In o 0 to U1 I[l 5 a in I W O N m x w m x H H U H FI F N Y Y H PHi J~-I a Y a a a a a p H m O U) O m O m O N O N 0 z u ❑ z ❑ z ❑ z ❑ z ❑ z ❑ z H > W a > a > a a a a m ❑ P4 a 04 a � a P4 a a a w w o a ?c z H ❑ H H a z H w w a I O w a o 0 0 0 0 0 p7 0 0 0 0 0 0 �q o 0 0 0 0 0 z N N N (N N N N N N N N N zO O O O O O 5 O O O O O O p O O O O O O U U H H H H H O O OH O O O H rl H iy In rfl a U W P4 zrn a s > ❑ HrnH U p � W o W❑ w H F z w rn £ O u ❑ a 4 w H c H O .aI.�7 HF4 H z a ❑ pl W a u 0 w a a a a RC o > H ❑ co H h7 a zO "✓ O In O O O In 5 n O n O O p H o o a > W a� H 5 z � U (� H a a V] O 048 29 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 39172 11/09/99 GTE010 GTE CALIFORNIA 39173 11/09/99 LEA015 LEAGUE OF CALIF CITIES 39174 11/09/99 RIV102 RIVERSIDE COUNTY SHERIFF CHECK TOTAL 10:28AM 11/09/99 PAGE 1 PAYMENT AMOUNT 93.73 280.00 1200.00 1,573.73 04?0 °z rn rn C H x £ � W E � W f�W1 WW 0 rn -�T o 0 0 o E rn m m o 0 .-I z E rl r1 N m O ry N 0 0 r o 0 r p o 0 O H m O El L) N U N cl) H ti rt�� z Z p Hpp a4 H pHp S E IU) E `� w rq a >° a a a iz 1 H 0 U 0 q H (a�7 m z w N W W W S pHp,, P4 Qw fZ > H 7 z 9 W H E u x W H 14 O a, m D o I ry O r N m d z H z lO r r OD q In r r o t a w W w a 0 o o w E a o rn o 0 o 1oD o 0 o 10 I 0 0 0 y rl t 1 N D 10 l0 l0 10 �D N O � p I[1 rl LLl V' Ifl a O N O O U p H H I[1 � O 0 0 O N w w m w H a r rh O U to H HHy I -a O I P4 yHy t.G yN�y P4 U U U U O taq H H H H O 0 a O U U U >, o+ oo L CEa a aHG p O O 0 N 00 O O O(�] O H U U 0 0a I . 050 3? A/P - AP6002 CHECKS TO BE VOIDED 09:44AM 11/19/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 39064 DEF 09/25/99 1340.00 ARC050 ARCHAEOLOGICAL ADVISORY ARCHEO INVEST REPORT 39064 DEF 10/23/99 436.39 ARC050 ARCHAEOLOGICAL ADVISORY PERMIT APPLICATION FORMS TOTAL VOIDED 1,776.39 051 32 COUNCIL/RDA MEETING DATE: ITEM TITLE: Approval of a Banking Services Contract with Wells Fargo Bank RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: �rf1 December 7, 1999 CONSENT CALENDAR: cv_ STUDY SESSION: PUBLIC HEARING: Approve a Banking Services Contract with Wells Fargo Bank from January 1, 2000 through December 31, 2003. FISCAL IMPLICATIONS: Bank fees will be approximately $1,200 per month based upon current service levels. The prices quoted by the bank are based upon a per unit charge and are the same for the four year life of the agreement. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The Investment policy requires that the City go out for a request for proposal for banking services every four years. In September, staff brought forward to the Investment Advisory Board (IAB) a proposed request for proposal (RFP) package to be sent to interested banks. The IAB requested that staff review the bank RFP responses and bring back to the November Board meeting a short list of banks to be interviewed. RFPs were sent to eight banks listed as follows: .. 05� First Security Van Kasper (1) Laffranchini Financial (1) Union Bank (1) (3) Valley Independent Bank (1) (2) Wells Fargo Bank (2) (3) Bank of America (3) Dai Ichi Kangyo Bank (3) Sanwa Bank (3) (1) City Registry (2) Branch in La Quinta (3) Listed in California Municipal Treasurers Association Roster The City received responses from: Bank of America Union Bank of California Wells Fargo Bank Staff reviewed the proposals and believed that each of the three institutions that responded possessed the necessary qualifications the City required and forwarded the proposals to the IAB. Each bank made a presentation at the November IAB meeting discussing their services and expertise. At the conclusion of their presentations, staff recommended to the Investment Advisory Board that Wells Fargo, who is the City's current bank, continue to serve in that role. Staff's recommendation was based upon past service, scope of banking products, response to the RFP, the IAB presentation and the local branch/location. After discussion, the IAB voted five Ayes, 0 Nays and two absences to forward to the City Council staff's recommendation to retain Wells Fargo as the City's bank. The contract between Wells Fargo and the City has been reviewed by the City Attorney (Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a Banking Services Contract with Wells Fargo Bank from January 1, 2000 through December 31, 2003; or 053, 00 2. Approve a Banking Services Contract with either Bank of America or Union Bank of California from January 1, 2000 through December 31, 2003; or 3. Do not approve the Banking Services with Wells Fargo, Bank of America or Union Bank of California; or 4. Provide Staff with alternative direction. Respectfully submitted, M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Wells Fargo Bank Contract ATTACHMENT NO. 1 WFAM FARGO BANK Customer WELLS FARGO BANK, NATIONAL ASSOCIATION APPLICATION AND AGREEMENT for CASH MANAGEMENT SERVICES , a ("you"), request that WELLS (Company Name) (type of legal entity) FARGO BANK, NATIONAL ASSOCIATION (" Wells Fargo", "we" or "us") provide cash management services (each a "Service") in connection with your Wells Fargo Wholesale Demand Deposit Account ("WDDA").. You acknowledge receipt of our CASH MANAGEMENT SERVICES DISCLOSURE STATEMENT ("Disclosure Statement"). For each Service, this Application and Agreement, the Disclosure Statement and the User Documentation for that Service (collectively, the "Service Documentation") together with our WDDA Disclosure Statement (a copy of which was previously provided to you), as each may be modified or amended from time to time, contain the terms and conditions governing our provision of that Service to you, and any of your subsidiaries or affiliates on whose behalf you are acting. You and such subsidiaries and affiliates agree to be bound by such terms and conditions. (The term "you" as used in the Service Documentation means you and any such subsidiary or affiliate.) If you are already a Wells Fargo cash management customer, the Service Documentation for any Service(s) you are currently receiving replaces your existing agreement(s) with any Wells Fargo. Bank or First Interstate Bank with respect to such Service(s), unless such Service(s) are listed as "Excluded Service(s)" on the signature page below. Our existing agreements with you with respect to each Excluded Service will remain in effect and continue to govern each Excluded Service. For your convenience, definitions of certain capitalized terms used below and in other Service Documentation are set out in a Glossary located at the end of the Disclosure Statement. Certain of the Services involve Funds Transfers or ACH Transfers out of or into your designated WDDAs (each a "Transfer Account'). In an effort to detect unauthorized requests for transfers of funds, we have established the following security procedures ("Security Procedures) with which you agree to comply. Additional details with respect to the Security Procedures are located in the Disclosure Statement and the applicable User Documentation. Wells Fargo shall have no obligation to process a Funds Transfer or ACH Transfer for which you have not complied with the relevant Security Procedure. Except as expressly provided below, Wells Fargo is under no obligation whatsoever, and shall have no liability for failing to investigate or verify, any request for a Funds Transfer or ACH Transfer. Q - 055 August 1999 � _ 005 SECURITY PROCEDURES FOR AUTOMATED CLEARING HOUSE ("ACH") TRANSFERS Direct Transmission and ETS Vendor Transmission. You are required to provide processing schedules for your ACH transmissions and a list of the names and telephone numbers of persons authorized to request and confirm your ACH transactions ("Authorized Representatives"). We will provide a transmission code to you which you must use with each transmission of ACH file(s) through your PC or mainframe. We will also assign a file identification code and a batch identification code to you which you must imbed in each NACHA-formatted ACH file. On each day you are scheduled to transmit a file, we will attempt to verify the transmission by calling one of your Authorized Representatives at the number you have provided and requesting the total debit and credit dollar amounts and item count of the ACH file to be transmitted. If we are unable to reach an Authorized Representative after attempting to call each Authorized Representative once, we will not process the transmission. If we receive an unscheduled ACH file, we will attempt to verify the transmission by calling one of your Authorized Representatives at the number you have provided who must then telecopy us a letter written on your letterhead, purportedly signed by that Authorized Representative, requesting that we process the unscheduled file, and must include the total debit and credit dollar amounts and total item count of that file. The letter must otherwise be in form and substance satisfactory to us and must be received at least one hour prior to our processing deadline. If we are unable to reach an Authorized Representative after attempting to call each Authorized Representative once, we will not process the transmission. The totals provided by your Authorized Representative by telephone (in the case of scheduled transmissions) or by telecopy (in the case of unscheduled transmissions) must match the actual totals of the ACH file transmitted or the transmission will not be processed. (If ACH files are delivered to us by your electronic transmission service vendor ["ETS Vendor"], you must still comply with the foregoing procedures except that the "Authorized Representatives" shall be those designated by the ETS Vendor who shall also provide us with your processing schedules.) We are only required to determine if the name given by the person verifying a transmission by telephone, or whose name appears on any letter verifying a transmission, is listed as an Authorized Representative on the list you have provided us, but we are under no obligation to confirm any such person's identity. ACH Express® If you use ACH Express to deliver your ACH files, you must install the ACH Express software on your PC in order to communicate with our systems. You may install the software on only one desktop computer, one remote PC or one Local Area Network. You will designate at least one of your employees to be your ACH Express System Administrator. You will communicate to us the name(s), address(es), telephone number(s), maiden name(s) of mother(s), and place(s) of birth of the System Administrator(s) upon whom we may rely with respect to all ACH Express related matters. To enable start-up, we will provide to you six temporary System Administrator 056 August 1999 �+ 2 6 IDs and corresponding temporary software access passwords. (You shall be responsible for the temporary System Administrator IDs and temporary software access passwords we have provided for System Administrator start-up, including their security, until you have either used them or have manually deleted them.) Upon first successful log -on using one of the temporary System Administrator IDs and its corresponding temporary software access password, each System Administrator shall create a software access password, which must be changed at least once every 60 days, and a permanent System Administrator ID. The System Administrator(s) shall enable access to ACH Express for those employees you have designated to be Operators by assigning them temporary software access passwords, which must be changed upon first successful log -on and at least once every 60 days thereafter, and permanent Operator IDs. In order to gain access to ACH Express , an Operator must enter his/her software access password and Operator ID. We will also assign a batch identification code to you (which the ACH Express software will imbed in each NACHA-formatted ACH file), and we will provide you a remote identification code which the System Administrator(s) will manually input into the user profile for each Operator allowed to transmit files, which remote identification code will thereafter be imbedded automatically when a file is created. In order to enable file transmission, we will provide a fixed communications password required for access through our Connect Mailbox application. Prior to transmitting a file, such an Operator must input the communications password. You may set the following transfer limits (which will be resident on your PC): number of entries per batch; batch entry dollar amount; batch total dollar amount and transmission dollar amount per file, and each transfer shall be within such limit(s). In addition, ACH Express allows you to separate among your Operators the ability to create, verify and send transfer requests, and we strongly recommend that you do so. IF YOU DISREGARD THIS RECOMMENDATION, YOU INCREASE THE RISK THAT THERE WILL BE A LOSS, FOR WHICH YOU WILL BE RESPONSIBLE, RESULTING FROM AN UNAUTHORIZED OR FRAUDULENT ACH TRANSFER. Windows is the registered trademark of the Microsoft Corporation. SECURITY PROCEDURES FOR ACH TRANSFERS INITIATED THROUGH OUR CASH CONCENTRATION SERVICE If you use our Cash Concentration Service, you may make requests for ACH Transfers by touch-tone telephone or computer terminal. Prior to commencement of the Cash Concentration Service, you must communicate to us the name, address and telephone number of your Cash Concentration Administrator upon whom we may rely with respect to all Cash Concentration related matters. If you use a touch-tone telephone, you must dial the number we provide you and follow the prompts, entering the Customer ID, Location ID and Location Password we provide you and the amount of the ACH Transfer(s) you wish made. If you use a computer terminal to initiate an ACH Transfer, you must use the access number we provide you and follow the prompts, entering the User ID, Location ID, User password and Location password we provide you and the amount of the ACH Transfer you wish made. You must change your Location Password at least once every 90 days by contacting us at the telephone 057 3 August 1999 0 0 7 number we provide to you. The Location Code, which we assign you based on the information we receive on your Set -Up Forms, will allow us to determine whether an ACH Transfer will be an ACH Credit or ACH Debit and the account from which and into which the ACH Transfer will be made. SECURITY PROCEDURES FOR ACH TRANSFERS INITIATED THROUGH OUR PAYMENT MANAGER® SERVICE You must specify, in our Payment Manager Set -Up Forms, the format in which you will transmit your payment files to us, the payment vehicle(s) you will use (e.g., checks, ACH or both), your transmission schedule, the applicable transfer limits, and the names and telephone numbers of those persons authorized to request and confirm your transmissions ("Authorized. Representatives"). You must comply with Wells Fargo's General Transmission Implementation Procedures which are a part of the User Guide for our Payment Manager Service. We will provide you a transmission ID and a customer application ID both of which must be included in the electronic transmission envelope accompanying the files you transmit to us. The customer application ID allows us to verify your transmission by matching certain salient characteristics of your transmission against a predefined processing profile developed from information you have provided in your Payment Manager Set -Up Forms. If no match is created, we will not process the transmission. In addition, if you wish to have your electronic transmissions sent to us through a value added network ("VAN"), we must approve the VAN and set up the transmission detail. If we receive an unscheduled transmission, we will attempt to verify the transmission by calling one of the Authorized Representatives at the number you have provided who must then telecopy us a letter written on your letterhead, purportedly signed by that Authorized Representative, requesting that we process the unscheduled transmission, and must include the total debit and credit dollar amounts and total item count of the files transmitted. The letter must be otherwise in form and substance satisfactory to Wells Fargo and must be received at least one hour prior to our processing deadline. If we are unable to verify the transmission as provided above after two attempts to reach an Authorized Representative, we will not process the transmission. The totals provided by your Authorized Representative by telecopy must match the actual totals of the files transmitted or the transmission will not be processed. We are only required to determine if the name given by the person verifying a transmission by telephone, or whose name appears on any letter verifying a transmission, is listed as an Authorized Representative on the list you have provided us, but we are under no obligation to confirm any such person's identity. SECURITY PROCEDURES FOR ACH TRANSFERS INITIATED ELECTRONICALLY THROUGH OUR WellsTax rm SERVICE We will provide you with a temporary PIN (which you must change upon your first successful log -on to WellsTax and you should change at least once every 90 days thereafter) and an access code, each of which your Operators must use when initiating 0 5 8 4 August1999 0 0 8 a transfer through WellsTax. If you initiate transfers of funds through your PC, you must use our WellsTax software. SECURITY PROCEDURES FOR FUNDS TRANSFERS INITIATED THROUGH OUR PC MANAGER® SERVICE You must install our PC Manager software on your PC which will allow you to communicate with our systems. You will determine which of your employees will be Operators and have access to PC Manager. In your communication with our systems, the Operator must enter your User ID (which we will provide), your PCID (which we will provide), your PC Manager Administrator ID (which you will select during PC Manager registration) and his/her temporary password (which we will assign for that Operator). You will assign a temporary password to each of your other Operators, and each of your Operators must be required to change his/her password upon his/her first successful log -on to PC Manager and thereafter at least every 90 days. After your first log -on, communications by any of your Operators can only be initiated by inputting your User ID and the Operator's password. You shall communicate to us the name, address and telephone number of your PC Manager Administrator upon whom we may rely with respect to all PC Manager related matters. You must also set the following transfer and operator limits (which will be resident on your PC): daily transfer limits for each Transfer Account, daily transfer limits for each Operator, and Operator limits for each Funds Transfer, and each Funds Transfer must be within each such limit. In addition, PC Manager permits you to separate among Operators the ability to create, verify and send transfer requests, and we strongly recommend that you do so. IF YOU DISREGARD THIS RECOMMENDATION, YOU INCREASE THE RISK THAT THERE WILL BE A LOSS, FOR WHICH YOU WILL BE RESPONSIBLE, RESULTING FROM AN UNAUTHORIZED OR FRAUDULENT FUNDS TRANSFER. SECURITY PROCEDURES FOR FUNDS TRANSFERS INITIATED THROUGH OUR WELLS ELECTRONIC BANKER"rm SERVICE Prior to the commencement of the Wells Electronic Banker ("WeIIsEB") Service, you shall communicate to us the name and telephone number of at least one person you choose to be your security administrator ("Security Administrator") upon whom we can rely for all WeIIsEB related matters. WE STRONGLY RECOMMEND THAT YOU APPOINT A MINIMUM OF TWO SECURITY ADMINISTRATORS IN ORDER TO PROVIDE ADEQUATE BACK UP AND ADMINISTRATIVE SUPPORT. In order to communicate with our systems, you must install and register our WeIIsEB software ("WeIIsEB Software") on your PC. To properly register the WeIIsEB Software, you will need to follow screen prompts which will require you to enter your Customer ID and Location ID (both of which we provide you); your Wells EB Security Administrator User ID; the name, telephone number, birthplace and mother's maiden name (collectively, the "Personal Data") of your Security Administrator; the serial number located on the back of the token card ('Token Card") we deliver to you; and the Dynamic Password, which is the value the Token Card calculates each time it is turned 059 August 1999 5 M on. When the appropriate codes and IDs are entered, your system will connect to Wells Fargo and service and account authorization profiles will be automatically downloaded. These profiles will allow us to validate a transaction by determining whether the proposed transaction falls within designated parameters. Your Security Administrator will determine which of your employees will be Operators having access to WeIIsEB. He/she will set up the Operators by assigning an individual Operator ID and a temporary password to each Operator. Each Operator will be required to change his/her password upon his/her first successful log -on to WeIIsEB and thereafter at least every 60 days. After the Security Administrator has registered the WelisEB Software and has set up the Operators, an Operator can only access the WeIIsEB Software by inputting his/her individual Operator ID and Operator password. Your Security Administrator will assign a Token Card to each Operator authorized to send Funds Transfers. Only Operators authorized to send Funds Transfers and the Security Administrator who registers the EB Software will be assigned Token Cards. Using the WeIIsEB Software, the Security Administrator will maintain a current inventory of assigned, activated Token Cards, request deletion and cancellation of Token Cards, and report lost and stolen cards immediately to us so the Token Cards can be disabled to protect against loss. You are responsible for the security of the Token Cards. Token Cards will not be revoked until we receive a revocation or deletion instruction from the Security Administrator. Replacement Token Cards will be issued pursuant to the procedure in the User Documentation. In order to send a Funds Transfer request, an Operator authorized to send Funds Transfers, when receiving a screen prompt to do so, must reenter his/her Operator password, activate the Token Card and enter, at the appropriate place on the screen, the Dynamic Password generated by the Token Card. If a Token Card becomes out of synchronization with the Wells Fargo authentication server, the Security Administrator may utilize the Token reset procedure which requires the Security Administrator to call us at the number we have provided you to request Token reset, identify himself/herself as the Security Administrator and give Personal Data that matches what we have on file for the Security Administrator, and follow the telephonic request by delivery to us of a written request submitted on your letterhead signed by the Security Administrator. Such delivery may be made by facsimile. We will reset the Token upon receipt of the written request described above. In the event of an Operator lockout (i.e., an Operator is unable to access the WeIIsEB Software), the Security Administrator may reset an Operator's password. In the event of a total Security Administrator lockout, you may utilize the SuperUser ID procedure for reset which requires the Security Administrator to call us at the number we have provided to you to request a SuperUser ID, identify him/herself as the Security Administrator, give Personal Data that matches what we have on file for the Security Administrator, and follow the telephonic request with the delivery to us of a written request submitted on your letterhead signed by the Security Administrator. Such August 1999 060 6 010 delivery may be made by facsimile. Upon receipt of the written request described above, we will issue a SuperUser ID which will allow the Security Administrator to access the WeIIsEB Software. If necessary, the Security Administrator may then reset individual Operator passwords to provide access to the WeIIsEB Software. You must also set the following transfer and Operator limits (which will be resident on your PC): daily transfer limits for each Transfer Account, daily transfer limits for each Operator, and Operator limits for each Funds Transfer, and each Funds Transfer must be within each such limit. In addition, WeIIsEB permits you to separate among Operators the ability to create, verify and send transfer requests, and WE STRONGLY RECOMMEND THAT YOU DO SO TO REDUCE YOUR RISK OF SUFFERING A LOSS RESULTING FROM AN UNAUTHORIZED OR FRAUDULENT FUNDS TRANSFER. SECURITY PROCEDURES FOR FUNDS TRANSFERS INITIATED VIA TELEPHONE WELLS FARGO DOES NOT RECOMMEND THESE SECURITY PROCEDURES. WE RECOMMEND THE SECURITY PROCEDURES SET FORTH ABOVE FOR FUNDS TRANSFERS INITIATED THROUGH PC MANAGER. IF YOU DISREGARD OUR RECOMMENDATION AND USE THE SECURITY PROCEDURES BELOW BY INITIATING FUNDS TRANSFERS BY VOICE VIA TELEPHONE, YOU SIGNIFICANTLY INCREASE THE RISK THAT THERE WILL BE A LOSS, FOR WHICH YOU WILL BE RESPONSIBLE, RESULTING FROM AN UNAUTHORIZED OR FRAUDULENT FUNDS TRANSFER. In the Set -Up Forms for our Funds Transfer Services, you are required to provide a list of the names and telephone numbers of those persons ("Transfer Authorizers") who are authorized to request Funds Transfers out of or into each Transfer Account. We will attempt to verify each request for a Funds Transfer by (i) checking the name given by the person requesting, and in the case of non -Repetitive Funds Transfers verifying, the Funds Transfer into or out of a Transfer Account to ensure that it is one of the names of Transfer Authorizers you have given us for the relevant Transfer Account, and (ii) in the case of Repetitive Funds Transfers, checking the repetitive request number given by the person requesting the Funds Transfer into or out of a Transfer Account to ensure that it is one of the repetitive request numbers we assigned to the relevant Transfer Account, and (iii) in the case of requests for non - Repetitive Funds Transfers, by calling back a Transfer Authorizer for the relevant Transfer Account, other than the Transfer Authorizer who purportedly made the request, at the telephone number you have provided for such other Transfer Authorizer. No non -repetitive Funds Transfer will be made if it is not verified by such name verification and callback procedure. No request for a Repetitive Funds Transfer will be honored unless the person calling in the request provides a valid Transfer Authorizer name and repetitive request number. No callback will be made to attempt to verify any request for a Repetitive Funds Transfer. In accepting and, in the case of non -repetitive Funds Transfers, attempting to verify by call-back, voice -initiated telephonic requests„ 46, 7 August 1999 Oil 1 for Funds Transfers out of or into a Transfer Account, we are only required to determine (a) if the name given by the person requesting or verifying a transfer is listed as the name of a Transfer Authorizer for that Transfer Account, but we are under no obligation to confirm any such person's identity, and (b), in the case of Repetitive Funds Transfers, if the repetitive request number given by the person requesting the transfer is the one which we assigned to that Transfer Account. SECURITY PROCEDURES FOR FUNDS TRANSFERS INITIATED THROUGH OUR InfoTouch® SERVICE You are required to use (a) your identification code (which we will assign) for the Transfer Account or the family of accounts containing the Transfer Account from which or into which the transfer will be made, (b) the identification number of the Operator requesting the transfer (which you will assign for each of your Operators), (c) the password of the Operator requesting the transfer (which we will initially assign and which must be changed by each Operator the first time it is used and thereafter at least once every 90 days), and (d), for Repetitive Funds Transfers, the repetitive request number for the Repetitive Funds Transfer (which we will assign for each Repetitive Funds Transfer series you request be established). You must also set the following transfer and operator limits (which you will determine and communicate to us): (i) a daily transfer limit for each of your Transfer Accounts, and (ii) for Repetitive Funds Transfers, (A) a limit for each Repetitive Funds Transfer, (B) an Operator limit for each Repetitive Funds Transfer, and (C) a daily Repetitive Funds Transfer limit for each Operator, and each Funds Transfer must be within each such limit. In addition, we recommend that you use a supplemental security procedure called "Second Operator Release" which allows you to separate between two Operators the ability to create and to release transfer requests. IF YOU DISREGARD THIS RECOMMENDATION, YOU INCREASE THE RISK THAT THERE WILL BE A LOSS, FOR WHICH YOU WILL BE RESPONSIBLE, RESULTING FROM AN UNAUTHORIZED OR FRAUDULENT FUNDS TRANSFER. SECURITY PROCEDURES FOR FUNDS TRANSFERS INITIATED BY INCOMING DRAWDOWN REQUESTS ("DRAWDOWN TRANSFERS") Any financial institution, acting as your agent ("Drawdown Agent"), in requesting a funds transfer out of your WDDA, must transmit its request to us ("Drawdown Request") through a Federal Reserve Bank by means of a dedicated communications line using the encryption standards of, and access controls established by, that Federal Reserve Bank. The Set -Up Forms for Funds Transfer Services require that you provide us with a list ("Drawdown List) containing (a) the name and ABA routing number of each Drawdown Agent which you have authorized to request and receive Drawdown Transfers out of each Transfer Account, and (b) the titles and account numbers of your accounts with each Drawdown Agent which are to be credited for Drawdown Transfers out of each Transfer Account. Before making a Drawdown Transfer out of a Transfer Account, we will verify that (i) the account to receive the transfer is listed as an account to receive transfers from that Transfer Account, and (ii) the financial institution August 1999 U 12 2 8 requesting the Drawdown Transfer is listed as a Drawdown Agent for that Transfer Account. If the above information cannot be verified, we will not be obligated to honor the Drawdown Request nor make the Drawdown Transfer. Excluded Services: Date: By: Title: By: Title: [name and signature for each subsidiary/affiliate on whose behalf customer is acting] 063 August1999 013 ACCOUNT RECONCILEMENT SERVICE DESCRIPTION This Service is subject to, and provided upon the condition that you comply with, the provisions of the Application and Agreement for Cash Management Services, the Cash Management Services Disclosure Statement, the User Documentation for this Service, and the WDDA Disclosure Statement, as each is currently in effect. Wells Fargo's Account Reconcilement Service gives you the tools to help to automate the balancing of your WDDA, and provides you with a wide range of reports with respect to your WDDA activity. Along with detailed statements, you may receive optional reports which highlight specific categories of information, including exception transactions. Partial, Full, PC Recon as well as Deposit Reconcilement and Deposit Reporting services are available. sdaocrec.doc 9/25/97 014 (Standard) POSITIVE PAY SERVICE DESCRIPTION This Service is subject to, and provided upon the condition that you comply with, the provisions of the Application and Agreement for Cash Management Services, the Cash Management Services Disclosure Statement, the User Documentation for this Service, and the WDDA Disclosure Statement, as each is currently in effect. You provide Wells Fargo with the complete serial number and amount of each check issued on your WDDA. This information is provided to us in the format and medium, by the deadline(s), and at the place(s) specified by us. On each Business Day this information, as we have recorded it up to and including that Business Day, is electronically matched to checks presented against your WDDA. This information is also provided to our branches to help their tellers make decisions on cashing checks. If a check presented against your WDDA does match by serial number and amount the check issue data you have given us (a "Matching Check"), we will make final payment of the check and charge it to the account on which it is drawn. You will be informed of the check number and amount of each check which is not a Matching Check through Information Express® or PC Manager®. This information will include checks which are not Matching Checks because of encoding errors unless you are receiving our Controlled Disbursement Service through Wachovia Bank. On the Business Day on which you are informed that a check is not a Matching Check, you may instruct us through Information Express® or PC Manager® to return the check, identifying the check by complete serial number and amount, and we will do so if we receive such instruction at the .,lace(s) and before the deadline(s) specified by us on the Positive Pay Exceptions Report we send you. Each check which you have so instructed us to return will be deemed to be not properly payable, and you waive, and release us from, any claim that any such check is properly payable and any claim against us for wrongful dishonor. You also agree to protect us from any losses or liabilities we may suffer or incur as a result of our return of a check at your instruction. If you miss the deadline for requesting the return of a check or if a check is not a Matching Check because of an encoding error, we will make final payment of the check and charge it to the account on which it is drawn. In performing the Service we will be required to use only the check serial numbers and amounts that you have provided to us in the format and medium, by the deadline(s), and at the place(s) specified by us. Each check you have authorized us to pay in accordance with this Service (an "Authorized Check") will be paid without performing our customary (or any other) check verification procedures, and, as a result, we will have no responsibility whatsoever for paying any Authorized Check even if its serial number or amount is altered or if it is counterfeit, bears a forged or unauthorized signature, or is not validly issued, and you waive, and release us from, any claim that any Authorized Check was not properly payable. Nothing in this Service Description will limit your right to stop payment on any check or our -fight to return any check that you have authorized us to pay in accordance with this Service if we -jetermine in our sole discretion that the check is not properly payable for any reason (without our agreeing to, or being required to, make such determination in any circumstance) or that there are insufficient collected funds to pay the check in the account on which it is drawn. CATEMP%sdpospay.doc 010599 I ft EXPRESS ATM7" SERVICE DESCRIPTION This Service is subject to, and provided upon the condition that you comply with, the provisions of the Application and Agreement for Cash Management Services, the Cash Management Services Disclosure Statement, the User Documentation for this Service, and the WDDA Disclosure Statement, as each is currently in effect. You may make deposits to your WDDA by using a Business Express Deposit Card to access designated automated teller machines. Only currency notes and properly endorsed checks (collectively, the "Deposit Items") may be deposited. No coin or food stamps may be deposited. To prepare the deposit, you must complete a deposit log following the instructions provided by us and place it and the Deposit Items in a standard ATM deposit envelope. No more than forty Deposit Items may be enclosed in any ATM deposit envelope. You may gain access to the ATM depository by using our Business Express Deposit Card and entering your 4 to 10 digit location number as your personal identification number ("PIN"). You must make the deposit by following the instructions that appear on the ATM screen. You will have full responsibility for each envelope and its contents until the envelope has been completely physically accepted into the ATM depository. Only one envelope may be deposited each time an Express ATM deposit transaction is initiated. After you deposit the envelope, the ATM will return your Business Express Deposit Card and issue a receipt for the deposit. We will issue a minimum of two, and, at your request, up to a maximum of 99 Business Express Deposit Cards per business location, each of which will have an individualized two -digit employee identification number. You will provide us with a location number to be used as a PIN for each business location. You assume the risk for the misuse of any Business Express Deposit Card or PIN which we issue to you or to your employees. We will retrieve the envelopes deposited into each ATM depository and will deliver the envelopes containing the Express ATM Service deposits to an Express ATM Processing Center. We will then open the envelopes and process the Deposit Items in accordance with our standard procedures. The deposits to your WDDA will be generated electronically via your ATM input. You will receive same day credit for your deposit subject to the standard cut-off time established for the ATM into which the deposit was entered. You will receive availability for your deposit in accordance with the ATM collected funds schedule we most recently provided you. If there is a difference between our total and your total (as shown on your ATM receipt) of the dollar amount of the Deposit Items in any envelope, we will send you a statement showing the amount of this difference. In the event that such difference cannot be resolved, our count of the dollar amount will be conclusive and binding on you. If you contend that a Deposit Item was lost or stolen while in our custody, you acknowledge that you have the burden of proving that claim. CATEMPW01THMOU.doc 066 020399 016 ATM FLOAT SCHEDULE ATM Float Assignment ATM Funds . 1' $500 receives immediate availability Availability: . Amounts in excess of $500 receive a float allocation of 15% Day 0, 50% Day 1 and 35% Day 2. Sample Deposit: . $100,000 WDDA Credit Sample Calculations: . $100,000 <500> = $99,500 • 99,500 x 0.15 = 14,925 • 99,500 x 0.50 = 49,750 • 92,000 x 0.35 = 34,825 Sample Totals: . Day 0: $15,425 • Day 1: 49,750 • Day 2: 34,825 Total: $100,000 067 CATEMMOITHMOUAw 020399 017 WELLS FARGO BANK DOLLAR AUTHORIZED PAYMENT SERVICE DESCRIPTION THIS SERVICE DESCRIPTION IS A PART OF, AND WILL BE SUBJECT TO THE TERMS AND CONDITIONS STATED IN, THE CASH MANAGEMENT SERVICES AGREEMENT ('AGREEMENT') SIGNED BY YOU, THE CUSTOMER, AND US, WELLS FARGO BANK. Your Name: Your Address: Your City/State/Zip: Your Account Number: 4 Your Phone Number: ( ) MAXIMUM DOLLAR AUTHORIZED PAYMENT LIMIT: $ 1. SERVICE. Under the Dollar Authorized Payment Service (the "Service") we will automatically (without your specific approval) return unpaid (marked "REFER TO MAKER") checks presented to us drawn against your account specified above which exceed the Maximum Dollar Authorized Payment Limit specified above. 2. TERMINATION. The Service may be immediately terminated by you or us at any time with or without cause by giving written notice to the other party. DATE CUSTOMER/FAMILY #: [CUSTOMER] By: Name: Title: (THIS FORMIS TO BE SIGNED BY ONE LEGAL ENTITY ONLY) 10%97 dlr-auth.doc O C R 01.8 T4'!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 7, 1999 3 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Approval of the Declaration of PUBLIC HEARING: Surplus Property RECOMMENDATION: Approve the Declaration of Surplus Property declaring the items on Attachment 1 as surplus and authorize staff to place the surplus equipment with an educational organization or discard the property by other legal means. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The City has accumulated obsolete and non-functional property items over the last several years. The equipment has little or no market value. FINDINGS AND ALTERNATIVES: The alternatives available to the Council include: 1. Approve the Declaration of Surplus Property declaring the items on Attachment 1 as surplus and authorize staff to place the surplus equipment with an educational organization or discard the property by other legal means; or 2. Do not approve the Declaration of Surplus Property declaring the items on Attachment 1 as surplus and authorize staff to place the surplus equipment with an educational organization or discard the property by other legal means; or 3. Provide Staff with alternative direction. 069 Respectfully submitted, John M. Falcojher, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Declaration of Surplus Property 00 0 ATTACHMENT NO. 1 c&ht 4 lPQumrw MEMORANDUM TO: Thomas P. Genovese, City Manager Mark Weiss, Assistant City Manager All Department Directors FROM: John M. Falconer, Finance Director DATE: November 23, 1999 RE: Surplus Computer Equipment Per City policy, all departments are hereby notified of equipment that will be declared surplus next month. Please review the items listed below to see if there is a need for any of the items in your department: City ID No. 0266, Canon, Multitask C2500, combination Fax, Printer and Scanner 29 - 4 Drawer File Cabinets Please respond by November 29, 1999. 071 004 T,&t 4 4 Q" COUNCIL/RDA MEETING DATE: December 7, 1999 Approval of Annual Review of The Home Depot Development Agreement RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: dl STUDY SESSION: PUBLIC HEARING: Approve finding that The Home Depot is in substantial compliance with the Development Agreement with the City of La Quinta dated December 5, 1996. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. MWIfelfteillmol"A 011X91WRITA The City of La Quinta, Home Depot U.S.A., and Credit Suisse Leasing entered into a Development Agreement in December 1996. Said agreement provides that The Home Depot improve the segments of Jefferson Street, Highway 1 1 1 and the Whitewater Channel that adjoin its retail center. Upon completion of the improvements and acceptance by the City, the Development Agreement/Developer Lease Agreement provides that the City lease the improvements for a period of ten years. At the conclusion of the lease, the improvements will then be dedicated to the City. The Home Depot opened its store in July 1997 and has completed the infrastructure improvements outlined in the Development Agreement. The State statute that empowers cities to enter into development agreements requires that a periodic compliance review be held at least every twelve months during the term of the development agreement. This report represents the third compliance review of The Home Depot development agreement. 072 \ • 0 • i\ Alternatives available to the City Council include: 1. Approve finding that The Home Depot is in substantial compliance with the Development Agreement with the City of La. Quinta dated December 5, 1996; or 2. Do not approve finding that The Home Depot is in substantial compliance with the Development Agreement with the City of La Quinta dated December 5, 1996; or 3. Provide staff with alternative direction. Respectfully submitted, ,a VJ-40-�' Britt W. Wilson, Management Analyst City Manager's Office CCSTFFHOMEDEPOTDEVAGMT12-07-99-pd Approved for submission by: (�-- I/ Thomas P. Genovese, City Manager 073 OOA Tit�t 4 4 QKAZ COUNCIL/RDA MEETING DATE: December 7, 1999 ITEM TITLE: Authorization to Distribute a Request For Proposals for the Parks and Recreation Master Plan Update RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: S STUDY SESSION: PUBLIC HEARING: Approve the request to distribute a Request For Proposals (RFP) to update the Parks and Recreation Master Plan and authorize staff to begin the selection process. FISCAL IMPLICATIONS: The Parks and Recreation Master Plan update is a project that has been identified in the Community Services Department budget, in account #101-251-603-000 with an allocated amount of $20,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta's first Parks and Recreation Master Plan (Master Plan) was completed in April 1993 and is available for review in the City Clerk's office. The Master Plan should be updated every five years to reflect the growth of the community and recreational needs of the residents. By authorizing staff to distribute a Request For Proposals to update the Master Plan, as described in Attachment 1, the City will be better able to assess the recreational facilities needed in La Quinta, and to plan accordingly. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the request to distribute a Request For Proposals (RFP) to update the Parks and Recreation Master Plan and authorize staff to begin the selection process; or 074 2. Do not approve the request to distribute a Request For Proposals (RFP) to update the Parks and Recreation Master Plan and authorize staff to begin the selection process; or I Provide staff with alternative direction. Respect f Ily sub itted, Dodie Horvitz, Comm Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Request For Proposal for Parks and Recreation Master Plan Update s S:\Community Services\CCReports\CC.019.wpd 075, 0� ATTACHMENT 1 oZ �Ii��ICV U S OF REQUEST FOR PROPOSALS TO UPDATE CITY OF LA QUINTA'S PARKS & RECREATION MASTER PLAN ISSUED BY: City of La Quinta Community Services Department 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7032 076 004 CITY OF LA QUINTA REQUEST FOR PROPOSALS FOR THE PARKS AND RECREATION MASTER PLAN UPDATE The City of La Quinta is requesting proposals from qualified firms and/or individuals to provide services to update the Parks and Recreation Master Plan. The City's Parks and Recreation Master Plan was adopted in April, 1993. The current plan is outdated as a result of the City's population growth and building expansion. The selected consultant/project team members will need to have knowledge and expertise in growth oriented communities, environmental characteristics of desert communities, citizen participation as well as an excellent working relationship with clients. It is anticipated that the consultant will be the primary liaison with a City Project Management Team, initiate contacts with other affected agencies, and present materials to City staff, public workshops, City Commissions, and City Council. The City Project Management Team will consist of: Community Services Director Recreation Supervisor Senior Center Supervisor Engineering Representative (on an as needed basis) City Manager, Assistant City Manager and City Attorney (on an as needed basis) And other City personnel as needed The City of La Quinta, surrounded on the west and south by the rugged and dramatic slopes of the Santa Rosa Mountains, was incorporated in 1982 in Riverside County as a General Law City and in November, 1996 voters approved Charter City status. With approximately 31.18 square miles and a current population estimate of approximately 21,763, the City has maintained a healthy annual growth rate over the last five years. It is anticipated the City will continue to be a prime growth area in the desert, while preserving the natural open space of the Santa Rosa Mountains. High quality residential and resort developments along with commercial development will continue to establish La Quinta as the "Gem of the Desert". II. SCOPE OF WORK The following identifies the major tasks: 1. Project organization 2. Data collection including current and projected parks and recreation programs 3. Inventory current facilities 4. Public survey 5. Develop goals with objectives 6. Prepare final document. Consultants preparing proposals should not be constrained by the above outline from suggesting different and innovative approaches to this project. 077 l! 0 J S:\Community Services\MASTERPLAN UPDATE RFP.wpd III. MEETINGS IV. PRODUCT Conduct/attend two meetings ofthe Community Services Commission to review parks and recreation programs and policies. Conduct/attend up to four (4) Public Hearings for public participation to be incorporated into the Parks and Recreation Master Plan. Conduct/attend Planning Commission and City Council meetings as required. City of La Quinta Parks and Recreation Master Plan Update Note: All written material will be in WordPerfect 7. Diskette copies of the final and approved Parks and Recreation Master Plan documentation are required. All data, information, materials and work produced including final camera ready text, maps and graphics including all digital files will become the sole property of the City of La Quinta. V. FORMAT The format of the Parks and Recreation Master Plan shall be done in such a manner as to easily incorporate updates and amendments unless the proposing consultant recommends otherwise and the City of La Quinta agrees. VI. ROLE OF THE CONSULTANT The role of the consultant is expected to be an extension of City Staff. The consultant is expected to keep an open dialogue with staff and to work closely with the City Project Management Team to ensure the updated Parks and Recreation Master Plan reflects, to the greatest degree possible, the sentiments and opinions of the citizens of La Quinta. It is anticipated that, at a minimum, there will be one project meeting per month with the City Project Management Team to review progress and resolve problems. The consultant will be responsible for preparing the agenda and conducting these meetings. The consultant will conduct the public workshops and public hearings. The consultant will be responsible for the production of all graphics, hand outs, and other material necessary for successful workshops, study sessions and public hearings. As an extension of City staff, the consultant will be expected to function in the following roles: • Consensus builder • Organizer • Provider of technical information • Educator U06 S:\Community ServicesWASTERPLAN UPDATE RFP.wpd 078 V In order to establish and maintain project continuity throughout the duration of the project, the consultant will identify one individual (Project Manager) that the City can contact for all project related needs. The City will identify one individual (Project Director) that the consultant's Project Manager will contact for project related needs. This primary contact should not preclude other necessary City/consultant lines of communication. VII. AVAILABLE BUDGET/CONTRACT The City wishes to negotiate a fixed price contract with a not to exceed dollar total based on a clearly defined Scope of Work. Proposals should document and itemize all costs separately. It should be noted that the selected consultant will be required to carry both Worker's Compensation and General Liability Insurance. VIII. EVALUATION OF PROPOSALS/SELECTION PROCESS A Consultant Selection Team will review the proposals and select three to five submitted proposals for an interview with the City of La Quinta. Composition of the City interview team will be determined later. The interview team will make a recommendation to the City Council who will make the final decision on the selection of a consultant. The City intends to focus the interview of those project team members who will be working most closely with staff and who will be responsible for conducting/leading public meetings. The consultant will be evaluated based on the following criteria: • Responsiveness to requirements of the project • Creativity and innovation • Project Management approach • Technical and methodological approach • Communication skills of project personnel • Qualifications The tentative schedule is as follows: Issue Request for Proposals December 8, 1999 Proposal Due Date January 28, 2000 Oral presentation/interviews Week of February 7, 2000 Recommendation to City Council February 15, 2000 Start Project February 21, 2000 Anticipated Completion Date August, 2000 IX. SUBMITTAL REQUIREMENTS FOR PROPOSALS Submit two (2) copies of your proposal including proposed work schedule and hours. In a separate SEALED ENVELOPE submit one copy of your priced proposal. S:\Community Services\MASTERPLAN UPDATE RFP.wpd 079 u'J 7 Submit proposals to: Dodie Horvitz, Community Services Director Community Services Department City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Written proposals are due by 5:00 PM on Friday, January 28, 2000. The minimum project proposal must include the following information: • A detailed work program explaining your firms approach to accomplishing each facet of this project including a Scope of Work detailing the sequence and timing (project schedule) of the tasks to be performed and the anticipated products from each task. Identify all products to be prepared for presentation to the public. Identify all products to be prepared in the work program. Each phase of work should have itemized man hours each piece of work and each person working on this project in a spread sheet format. • In a sealed envelope, an overall itemized project budget. Each phase of work should have an itemized budget including labor costs and expenses for each piece of work and each person working on this project in a spread sheet format. • A preliminary approach to organizing the plan document. • A project team organization chart with identification of Project Manager. • Resumes of each individual working on the project. • A schedule of your availability for staff and public meetings. • An enumeration of your requirements of City staff and resources. • A list of California cities/counties for which the personnel assigned to this project have completed Parks and Recreation Master Plans in the last seven years. X. CONTRACTS All questions regarding this project should be directed to Dodie Horvitz, Community Services Director, Community Services Department, City of La Quinta at 760-777-7032. XI. LIST OF AVAILABLE DOCUMENTS La Quinta General Plan, 1992 Parks and Recreation Master Plan, 1993 Zoning Map u"J S:\Community Services\MASTERPLAN UPDATE RFP.wpd O 8 O v �+ Tiht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 7, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Participation in the PUBLIC HEARING: "Living For Your 90's" Senior Inspiration Awards Program RECOMMENDATION: Approve the City's participation in the "Living for Your 90's" Senior Inspiration Awards Luncheon with a sponsorship of $400 for one table and a contribution toward awards. FISCAL IMPLICATIONS: A $400 sponsorship will cover the total cost for one table and a contribution toward the awards. Funds have been budgeted and will be expended from the Community Services Department -Senior Center Budget (#101-202-609-000). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 22, 1999, the City of La Quinta received notification from Supervisor Roy Wilson, of the "Living For Your 90's" Senior Inspiration Awards Luncheon (Attachment 1). The City of La Quinta has participated in this program since its inception in 1992. The "Living for Your 90's" Senior Inspiration Award provides an opportunity to recognize and honor outstanding seniors throughout the Coachella Valley who inspire us all with their community involvement and active lifestyle, and thereby serve as role models for younger seniors. The City Council is asked to select one outstanding senior recipient who meets the following criteria: the honoree should be at least 70 years old; reside in the City of La Quinta; been involved in community affairs for a lengthy period of time; and personify a healthy, active, and contributing attitude and lifestyle. S:\Community Services\CCReports\CC.020 Should the City Council elect to participate in this program, staff will provide the names of two candidates who meet the award criteria for Council consideration at an upcoming Council meeting. For this year's event, the City is being requested to contribute $250 for one table and $150 toward the awards. Should the City Council desire, funds are available to sponsor two tables at this event. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the City's participation in the "Living for Your 90's" Senior Inspiration Awards Luncheon with a sponsorship of $400 for one table and a contribution toward awards; or 2. Approve the City's participation in the "Living for Your 90's" Senior Inspiration Awards Luncheon with a sponsorship of $650 for two tables and a contribution toward awards; or 3. Do not approve the City's participation in the "Living for Your 90's" Senior Inspiration Awards program; or 4. Provide staff with alternative direction. RpVecVfully su4nitted, air �A IT21, Dodie Horvitz, om nity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. 2000 "Living for Your 90's" Letter from Supervisor Roy Wilson, 41h District S:\Community Services\CCReports\CC.020 RIVIMmE 01TICE: 4080 Lemon Street, loth Floor Riverside, CA 92502-1647 (909) 955-1040 Fax (909)955-2194 STAFF Valerie Chase Carolyn Syms-Luna November 22, 1999 Honorable John Pena, Mayor City of l.a Quinta 78-495 Calle Tampico La Quinta, CA 92253 r. SUPERVISOR Roy WILSON FOURTH DISTRICT SUl3JI CT: 2000 `Ziving For Your 90s "Senior Inspiration Awards Dear Mayor Pena: ATTACHMENT 1 46.200 Oasis Street, Ste. 318 Indio, CA 92201-5933 (760)863-8211 Fax (760) 863-8905 STAFF Aurora Kerr Thomas L. Freeman Esther Contreras Elizabeth M. Young The County of Riverside and the nine incorporated cities of the Coachella Valley ha%c be":un planning for the year 2000's " Living For Your 90s "Senior Inspirnliun Awards. The event \\ il,l he held on April 5"'. We eagerly look forward to starting the next millennium with another sLlccessful e\ ent in the tradition ol•prior year's successes. Each City's involvement in the selection process and participation in the t'rogram is essential. We are counting on your participation to make next year's "Living for Your 90s" event a great success. TO this end, we are again asking each City to select one outstanding senior recipient, or a couple who mect(s) the following criteria: ♦ The honoree should be at least 70 years old or older; ♦ Reside in your city; ♦ Be involved in community affairs for a lengthy period of time; ♦ Personify a healthy, active, and contributing attitude and lifestyle This year, we are also asking that each city provide a brief summary (maximum 150 words) on �% by You (the City) chose that person. This information will be incorporated into the I'rogranl which will be distributed to all attendees at the Awards Luncheon. As in previous years, we are requesting that each city purchase at least one table, at a cost o1 for the event and contribute $150 towards the awards. We are hoping to receive this no later than I chruar� 1" Tivinq Fur au four 90s "is sponsored by each of the nine incorporated cities nd the County of Riverside. At this time, we are seeking sponsors for this event. A letter has been fur pwcnli,il contributors that you may be aware of in your city or you can contact Leticia De Lnra in my ofl•ice should you require any further information about Sponsorships. If you have any questions please contact Leticia at 863-8213. We look forward to your participation in this most unique tribute to our seniors. Sincerely, 7-na son n, I3o' oI' Supervisors INTMNET: district4@co.riverside.ca.us 083 �'�.� SUBJECT: 2000 'Living For Your 90s "Senior Inspiration Awards The County of Riverside and the nine incorporated Coachella Valley cities have begun planning the year 2000 `living For Your 90s"Senior Inspiration Awards event to be held on April 5th. As you may know, this event was started in 1992 by former Riverside County Supervisor Patricia "Corky" Larson to recognize local seniors (age 75 years +) to serve as role models for younger seniors. The Desert cities and the County partner each year to choose the Award recipients and a Celebrity Guest also joins us in this special annual recognition. We are asking that you consider a Corporate sponsorship for this event. This is a contribution of $2500 and in return your company's name will be listed in all printed materials, as well as in the program that is distributed at the awards ceremony. This is a widely known and popular event with attendance ranging around 500. Del Webb Corporation, the Regional Access Project Foundation, Southern California Edison, The Cabazon Band of Mission Indians and Imperial Irrigation District are among previous supporters of this event. Your decision to become a Corporate Sponsor of the `Living For Your 90s"will add to this unique program's success and we look forward to working with you. If you have any questions, please contact Leticia De Lara at (760) 863-8213. If you would like to become a Corporate Sponsor, please make your check payable to the Regional Access Project Foundation and mail it to: RAP Foundation, 42-600 Cook Street, Room #201A, Palm Desert, CA 92211. Thank you again for your consideration and support of the `Living For Your 90s". Sincerely, 084 ���� Tjht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 7, 1999 7 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Accepting STUDY SESSION: Donation of Engineering Plan Rack PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council accepting the donation of an engineering plan rack. None. None. Council Member Henderson recently informed Public Works staff that she has an engineering plan rack left over from her career in the engineering contracting business. Staff has identified a need for the gift which, if accepted, will be placed in the Maintenance Office at the City Corporate Yard to hold landscaping plans and other infrastructure plans that involve frequent reference by maintenance staff. If the City Council accepts the donation, City maintenance staff will use a City owned truck to pick up and transport the plan rank from Council Member Henderson's home to the Maintenance Office. TAP WDEPT\COUNCIL\1999\991207b.wpd The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council accepting the donation of an engineering plan rack; or 2. Do not adopt the resolution and do not accept the donation at this time. Respectfully submitted, Chris A. Vogt OIRI Public Works Director/City Engineer Approved for submission by: r Thomas P. Genovese, City Manager 086 TAPWDEPT\COUNC IL\1999\991207b.wpd 1; 1 *Tel "IIF$ iNTel& P1 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCEPTING A GIFT WHEREAS, Council Member Henderson has generously offered to donate to the Public Works Department an engineering plan rack; and WHEREAS, the gift is offered for donation to the City of La Quinta and is not given to, or limited to, the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donation. NOW THEREFORE, the City Council of the City of La Quinta does hereby RESOLVE as follows: The City of La Quinta hereby accepts the engineering plan rack donation and authorizes City staff to pick up the gift using a City -owned vehicle. PASSED, APPROVED, and ADOPTED this 7th day of December, 1999 by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 087 003 T AP W D E PT\CO U N C I U 1999\991207 b. wp d T4ht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 7, 1999 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision PUBLIC HEARING: Improvement Agreement for Tract 28458-3, Advanced Development Corp. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 28458-3, Advanced Development Corp. None. None. Tract 28458-3 is located on the north side of Fred Waring Drive between Adams Street and Washington Street (Attachment 1). Tract 28458-3 consists of 21 residential lots (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map, which will allow 30 days for completion of its processing. As of November 29, 1999, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer and the associated securities have been received. As a result, staff has prepared the attached Resolution which provides for conditional approval of the Final Map. The approval is contingent upon receipt, within 30 days (January 6, 2000), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. AM TAMDEMCOUNCIL\1999\991207d.wpd Once this item is received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved, and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff and the City Council sufficient progress has been made with the documents required for conditional final map approval. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 28458-3, Advanced Development Corp.; or 2. Do not adopt a Resolution of the City Council granting conditional approval; or 3. Provide staff with alternative direction. Respectfully submitted, lz—dJ6��: Chris A. Voo6t Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement TAMDEMCO U NC I L\ 1999\991207d. wpd RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 28458-3, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Tract 28458-3 is conditionally approved provided the subdivider submits all required items on or before January 6, 2000. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the 090 subdivider has completed the following requirements to the City Engineer's satisfaction. 003 A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on January 6, 2000. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 7th day of December, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: Dawn Honeywell City Attorney 091 004 ATTACHMENT 1 COUNTRY CLUB DR. a HOVLEY IN. E. Z O 42NO AVE. v Z BELL4 3 VISTA �D PROJECT "� °�"� uj SITE PALM DESERT ui w HWY 111 w VICINITY MAP N.T.S. 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I , 1 ; .. ..nN. �LO VH,L _�_y •. a Q S 0/ X) A R fn.ausaan (� 18 ; .I Z. •0. . 1 ••.p , f Ij 1 m ni < , P >3 •.N s 8C qy[ '"'•Ik � 4• ,.v rNisssn , to �. •� •° � :....:....:' • r �jY e :...........;....... 7 1 X I �In - AIOC=1 //I M_OY. & M___ lu O UJI J �1'i nrAwr X7rdi qt J ---A ¢a te-c•/.at a w'e FiCH_Vd yv� «�V A [6j m m Wir N ic 008 a Q I 0 Q H A I u 1 M 9 A - Gooszl) ooszl I WWI) .0ovn - (o0naJ n .00VLL M.Ovt"m M.Oc.mooN p II � 'e'W a lIi I p W LC — Sf / ZLz 17-L9V97 / 'ofV 1_OHtif.L cD I� N N 180 f n I II 8 1 / 1 M 0G YL00 N «LOOOtL] ,00'OfL M .OG,1L00 N . y—I—����.<� ,00'00l .00'OO{ I .roWl —porn --_ EPA 7ij b`di k rt8 Nis I� I � 9 S It.«.f000N ,00ml .uffLooN }} C< I I i I cq CO CO a a' 'J IpOW{ � r.«.fzaoN I I WWI M,«,fLaaN r — I o 14 I I � Wl IMI N N ml « M,.M— V ~ I .WWI M,«.*Ziot a w A o [v O I N I WWI ,WWI M,«,KOON it k t a m z L a ; rc kk f/1 �z �m R R 4 V R 8 a �m z O j uW < F 0 l� - LB / rep e'we LELLZ 'oN dYW "THOFj Vd I J09 009 ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT 28458-3 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 19 , by and between Advanced Development Corp., a California Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 28458-3 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\28458-3.wpd V IY Page 1 of 6 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and admoister 097 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\28458-3.wpd Page $' $fl 1 the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return notice requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with" all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fiftjjy��QQ T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\28458-3.wpd Pagb�3-bf�" Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 013 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\28458-3.wpd Page 4 of 6 U`Z, . 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either parry in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 100 014 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\28458-3.wpd Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk . SUBDIVIDER: Date City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 C Advanced Development Corp. 78-615 Naples Drive La Quinta, CA 92253 (760) 772-0222 By: 1�— 9% Date Title: ��.SJ By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\28458-3.wpd Date Date Date 101 015 Page 6 of 6 Exhibit A SECURITY - TRACT 28458-3 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than Ten Percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus Ten Percent (10%). Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security for Water, Sewer and Electrical improvements is subject to release if authorized by the appropriate utility authority. Otherwise, all labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $0 $0 Streets & Storm Drainage 209,830 209,830 Domestic Water 156,356 156,356 Sanitary Sewer 31,042 31,042 Electrical 33,880 33,880 Perimeter Wall 56,320 56,320 Perimeter Landscaping 114,961 114,961 Monumentation 5.500 0 Totals: $607,889 $602,389 102 016 ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of Ri�?rside On Naember � 9 1999 before me, TA � M_ Wp-b, , I DA�F.) (NOTARY) personally appeared _$QQer S7nelie lager SIGNER(S) personally known to me - OR - "�`�� LISA M. WEBB Comm. t 1224609 to N NOTARY PUBLIC-CALIFORNIA =, Riverside County my Comm. Expires JURe 15, 2003 ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS,wv hand and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL Xjj CORPORATE OFFICER 10TOQi CIIEMt TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Subdivision Improvement Agreement TITLE OR TYPE OF DOCUMENT Seven NUMBER OF PAGES November 19, 1999 DATE OF DOCUMENT OTHER d iu L RIGHT THUMBPRINT a OF E t SIGNER o H 10 APA 5/99 VALLEY -SIERRA, 500-362-3369 017 Tit(t 4 e(PQutn1w COUNCIL/RDA MEETING DATE: December 7, 1999 ITEM TITLE: Acceptance of Improvements Associated with Tract 28019, The Seasons, Jim Dan D., L.L.C. AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 7 STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract 28019 and authorize staff to release security upon receiving warranty security. None. None. The Seasons subdivision is located north of Calle Tampico on Seasons Way (Attachment 1). All improvements are now complete and other obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a spreadsheet indicating security to be released after the City receives the warranty security. The alternatives available to the City Council include: 1 . Accept improvements to Tract 28019 and authorize staff to release security upon receiving warranty security; or 2. Provide staff with alternative direction. 104 TAMDEMCOUNCI L\ 1999\991207g. wpd Respectfully submitted, Chris A. Vo Public Works Director/City Engineer Approved for submission by: 24— —Vllt� Thomas P. Genovese, City Manager Attachments: 1 Vicinity Map 2. Security Outline 105 T:\PW DEPT\COUNCIL\1999\991207g.wpd 00 PROJECT SITEy AVE. C . V . W . 4 CHANNEL QI0 CALLE ATTACHMENT 1 Kil 3[ TAWI.CO AVEu o2 VICINITY MAP 106 004 ATTACHMENT 2 TRACT 28019 Performance Payment Warranty Improvement Security Security Security Basin Improvements $145,800 $145,800 $14,580 Repairs-Misc. Work $36,000 $36,000 $3,600 Engineering $18,000 $18,000 $0 Monuments $1 1,200 $0 $0 $21 1,000 $199,800 $18,180 Release performance security when warranty security is received. Release payment security in 90 days (March 7,2000). Release warranty security in one year (December 7, 2000). 10'7 005 T:\PWDEPT\STAFFNGUZMAN\TRACTS\28019.wpd TWyl 4 4 Qum& AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 7, 1999 CONSENT CALENDAR: l� ITEM TITLE: Approval of a Final Map and Subdivision STUDY SESSION: Improvement Agreement for Parcel Map 29052, Lundin Development PUBLIC HEARING: Approve the Final Map and Subdivision Improvement Agreement for Parcel Map 29052, Lundin Development. None. None. Parcel Map 29052 is located on the north west corner of Avenue 50 and Jefferson Street (Attachment 1). This Final Map creates seven new parcels (Attachment 2). The new Parcel Map, being developed by Lundin Development, was conditionally approved at the July 20, 1999 City Council Meeting. The developer failed to finalize and submit all the required documents within the 30-day conditional approval process. The developer has submitted the Final Map in substantial compliance with the Tentative Map, Subdivision Improvement Agreement and Improvement Security (Attachment 3) and has otherwise satisfied conditions prior to approval of the Final Map. 1 :, T:\PWDEPT\STAFF\GUZMAN\TRACTS\29052.wpd The alternatives available to the City Council include: 1. Approve the Final Map and Subdivision Improvement Agreement for Parcel Map 29052, Lundin Development; or 2. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement and Security 109 00? T:\PWDEPT\STAFF\GUZMAN\TRACTS\29052.wpd ATTACHMENT 1 HIGHWAY I III MNCMO to QUWA cQuw" cue SITEL�i�- r.-- ~ to OWNTA M CONNTRY CLUB CST" COV*m l�v'�► �;.i�/UUV�W AVENUE S) W 7 AVENUE 52 N� VICINITY MAP (NO SCALE) PARCEL MAP 29052 ATTACHMENT 2 O Z J W V a p►t� ill '�i'�ia ob Hill i 14i i '1i9'� Mty flat gj rll I ORO! lit 05 N flK eft or LA QUWA. O Mtr OF QbO10 L ME Or CMFQP M PARCEL MAP NO. 29052 ,m UN w1V or W MUM Fw-Cpow OF u9 SOVINAtT so musAwm memo 4 IIUCa11" To fla a/ cft /{AT TifJmr fVh~ P" I "a cmvonm Im to coww" 7 INIkIda ~ � MA: I&M AM ma AEI � OLMI AW= MORt tl� wa toe.. tMMI At /7M OF • IwuP�wr � 11t Mlrem ulP AI;t �a41 ML nu tw.� se An mpmm�40" www lOKZ 1 inch M 100 bd N<rLAamu41M.% mom momm lima • A e1MW M Ib�l A M PALIL HU Or1K ♦ Daum WM W NIPS An SIP OZ A M OMWAI waaa� AN 1�1so fuldbAit-W INpPMMs ePS, rWMI P1Ats a M M comm"y M OI ~ IAIMt/► I� I MAN opea swommMMO�{M1�a ��� M�IMMS �Oe ON1 NR 4 7AIMl 1� M P1 M* IMIMlR AeMAO� �'iMN'IMOONS � •�IIM ..e.n �...f M..MI AA 1% "a P =am open tMPMR v 11MM/M N A IO�MlP�M�/ M PrMI � PSM sa.I+lt IeMPN • /e PIe,R to{� n0 tl�� P1/Ar M PPAOAM MM PMM PJ� QPt IL q7�. A1A� OPIPIR MOM NMtR 0oww&m PI =NOW ShO W DNMPJ II MUM PM RANA VMIML PMtMM M MWM M PC MMl 1 MMto � M14 � IMI it %1 Omw 0 �F R a r **I" A vw %I _ fm qw m ft" M - ` AVENUE so " - CrrYoFLAQuimrA `-ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP 29052 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement's is made and entered into this 1 ¢ day of , 19 :2 9 , by and between BLP Desert, a California Limited Partnership reinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Parcel map (the "Map'l of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel No. 29052 (the "Parcel") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map AcY7. B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. fmgrov_ement Plans. Prior to issuance of a construction permit, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One Gass of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdividers fair share of Improvements which have been or will be" constructed by others ('Participatory Improvements', and payment of plan check arid permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security.- Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attomey's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 1.1.3 007 Page 1 of 6 2) Surety bonds, df the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). - 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to cant' out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any Creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. _ C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%)rof the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of perfcrmance security; except as otherwise Set forth iA Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of pam- I map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). - 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real.property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of theimprovenoents secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dol4rs ($5,0007M. 114 T:\PWOEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29052.wpd 0 08 Page 2 of 6 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdividers Surety for payment of said cash and Subdividers Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested, G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval. by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdividers share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or�more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a fort acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%J of the appraised fair market value of the real property. Any unexpended portion of said advance - shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to 115 construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. T:\PWOEPTNSTAFRGUZMAN\TRACTS\AGREEMEN- .9052.wpd 009 Page 3 c` i 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdividers obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdividers control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City -Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of -street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. ine request shall be accompanied by any required certifications from Subdividers engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation.and will inspect the improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be dearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the Cfij Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 116 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, C} 10 T-�Pwnr-PT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29052.wpd Page 4 of 6 .and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable . attomey's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attomeys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severabilitx. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 117 T •� aw nFPTNCTA FF%C;UZMAMTRACMAGREEMEN.M2905 2. wpd 011. Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Cit'/ of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk SUBDIVIDER: By: Title: By: Title: SLP Desert 16400 Pacific Coast Hwy, STE 207 Huntington Beach, CA 92649 (562) 592-6020 g-¢ Date Date Reviewed and Approved: City Engineer Approved as to Form: - City Attorney Date Date 118 -- -ta c,t wod 012 Page 6 of 6 ALL-PURPOSE ACKNOWLEDGEMENT State of California CAPACITY CLAIMED BY SIGNER: County of Orange _ Individual(s) On September 14, 1999, before me, Flavia L. Frattali, personally appeared _ Corporate Officer Notary Public Leonard H. Lundin and Gregory W. Bever, Title(s) Name(s) of Signe(s) X personally known to me to be the person(s) whose name(s) are subscribed to the —X` Partner(s) within instrument and acknowledged to me that they executed the same in their — Attny.-in-Fact authorized capacity(ies), and that by their signature(s) on the instrument the _ Trustee(s) person(s), or the entity upon behalf of which the person(s) acted, executed the Guardian/Conservator instrument. — Other Witness my hand and official seal. FLAVIA 1. FRATTAII Comm. # 1114211 to N NOTARY PUBLIC CAlIFORIttA N s;gnsmn o Orange County ,r My Comm. Expires Oct, 20, 2000 Title or Type of Document Subdivision Improvement Agreement - La Quinta Number of Pages i6_ Date of Document Other SIGNER IS REPRESENTING: Names of Person(s) or Entity(ies) BLP Desert 110 013 08/23/1999 13:32 7607777155 CITY OF LA GILITNTA r•. ' 1 Exhibit A SECURITY - PARCEL MAP 29052 Except as otherwise provided herein. Subdivider shall furnish performance security an! labor u materials security Prior to apandization of the Map for approval by the City Council. Mcn umenWort securty shall guararlt0e performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act_ As elements of the worst are completed, Subdivider may request a maximum of two partiai releases cf performance security. Partial releases shalt be for not less that; ten percent (10%) of the total peforrance security forthe tract arid shall not reduce total performance security below the amount necessary to complete the Improvernorrts plus ten percent (10°%) of the original amount. Partial releases of performance security .vile be evaluated and may be granted, in whole or in past, by the City Engineer. P,equests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer, Labor 3 nmft 4r,Is seamIty shall remain In place until 90 days after all requires; tract im-,rrovements are complete and accepMd by the City Council. tmnroverr an.Descriptigtl Performance Labor Maierck, Btre*W & Storm Drainage 206,952 206,952 VV*ot 306,020 306,020 saw 110,000 t 10.000 Perimeter and Median Landscape 385,000 3851000 Underground Electric and Pole Relocation 180,000 1' 90,OOQ� Trifflir Signal 32,500 Plan Naignlcontingency �98 MonUrter,'atior, 6.444 Total: $1,820,45$ S1,187.9?2 120 014 AiyCerican Motorists Insurance Company nmPee. FIRST TERM PREMIUM FULLY EARNED Bond Number: 3SM 958 753 00 Premium (Two Years) : $27,307.00 SUBDIVISION BOND FAITHFUL PERFORMANCE -PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: That, BLP Desert, a Calif. Limited Partnership, as Principal, and the AMERICAN MOTORISTS INSURANCE COMPANY, a corporationorganized and existing under the laws of the State of Illinois and authorized to transact' surety business in the State of California as Surety, are held and firmly bound unto City of La Quinta,,as Obligee, in the sum of One Million Eight Hundred Twenty Thousand Four Hundred Fifty -Eight & NO/100ths DOLLARS ($1,820,458.00), for which the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE Condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a contract/agreement, dated August 1999, with the Obligee to do and perform the following work; to wit: SUBDIVISOIN IMPROVEMENTS: STREETS & STORM DRAINAGE, WATER, SEWER, PERIMETER & MEDIAN LANDSCAPE UNDERGROUND ELECTRIC & POLE RELOCATION TRAFFIC SIGNAL PLAN DESIGN/CONTINGENCY & MONUMENTATION FOR PARCEL MAP #29052 NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED, DATED: August25, 1999 BLP Desert, a Calif. Limited Partnership (Principal) By: r n Motorists Insurance Company (Surety) By: Vil V illiam J. Shupper, Attorney In Fact 121 In DIRECT CORRESPONDENCE TO: LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 PHONE (323) 257-8291 • FAX (323) 256-7218 Subdivision Performance Bond - 11-02-98.dot .American Motorists Insurance Company KemPeR. Bond Number : 3SM 958 753 00 SUBDIVISION BOND LABOR & MATERIALTAYMENT KNOW ALL MEN BY THESE PRESENTS: That we, BLP Desert. a Calif. Limited Partnership as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY, as Surety, are held and firmly bound unto City of La-Ouinta as Obligee, in the sum of One Million One Hundred Eighty -Seven Thousand Nine Hundred Seventy -Two & NO/100ths DOLLARS ($1,187,972.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, We bind ourselves jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, Whereas, said Principal has entered into a Subdivision Agreement with the Obligee, dated -August 1999, in which said Principal agrees to construct designated public improvements, as follows: SUBDIVISION U"ROVEMENTS: STREETS & STORM DRAINAGE WATER SEWER PERIMETER & MEDIAN LANDSCAPE UNDERGROUND ELECTRIC & POLE RELOCATION FOR PARCELMAP#29052 and, as a condition of approving said Subdivision, the Principal is required to give Labor and Material Payment Bond as herein provided. NOW, THEREFORE, if said Principal and/or contractor or subcontractor fails to pay for any materials, provisions, or rented' equipment used in, upon, or for or about the construction of the public improvements for performance of the work to be done, or any work or labor done of any kind, in or on such improvements, said surety will pay: the same' in an amount not exceeding the sum set forth above. This bond shall insure to the benefit of the contractor, his subcontractors, and to persons renting equipment or furnishing labor and materials to them for the' improvements. SIGNED, SEALED, DATED: August 25, 1999 BLP Desert, a Calif. Limited Partnership (Principal) By: American Motorists Insurance Company (Surety) By: Wiam. J. Shupper, Attorney In Fact 122 0 DIRECT CORRESPONDENCE TO: LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 PHONE (323) 257-8291 • FAX (323) 256-7218 Subdivision Payment Bond - 11-02-98.dot 016 16 T4'y,,, 4 4Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 7, 1999 CONSENT CALENDAR: ITEM TITLE: Approval of Specifications and STUDY SESSION: Authorization to Receive Bids for Project No. 99-12, Citywide Slurry Seal and Restriping Program PUBLIC HEARING: Approve specifications and authorize staff to receive bids for Project No. 99-12, Citywide Slurry Seal and Restriping Program. There are adequate funds available ($233,550.00) in Account No. 101-453-609-000 (Contract Services) to support the recommendation. The Engineer's Estimate for Project 99-12, Citywide Slurry Seal and Restriping Program is $213,444.00, as outlined below: Slurry Seal Restriping Inspection/Testing Administration Contingency 1,853 ton @ $80.00 per ton Lump Sum Citywide Total Engineer's Estimate ► Available Funds in Account No. 101-453-609-000 ► Engineer's Estimate $148, 240.00 $42,000.00 $9,000.00 $ 9, 240.00 $21,000.00 $ 229,480.00 $233,550.00 $229,480.00 This project is funded by the General Fund. Therefore, under the Charter City status, the City is not mandated to pay prevailing wage rates. Depending upon the bid results, the City may realize a cost savings in this area. 123 TAPW DEPT\COUNCIL\1999\991 207h.wpd The Fiscal Year 1999/2000 Slurry Seal and Restriping Program, Project 99-12, will apply a slurry seal to selected streets, and repaint any and all existing pavement markings and traffic striping citywide. This project is part of the City's Comprehensive Street Maintenance Program, designed to extend the life of streets through preventive maintenance. The areas scheduled for slurry seal as part of this project are as follows: Phase II Cove Improvement Area Street Name From TQ Calle Chillon Avenida Bermudas Avenida Montezuma Calle Arroba Avenida Bermudas Avenida Montezuma Calle Colima Avenida Bermudas Avenida Montezuma Calle Monterey Avenida Bermudas Avenida Montezuma Avenida Cortez Calle Montezuma Calle Colima Avenida Madero Calle Madrid Calle Colima Avenida Juarez Calle Madrid Calle Colima Avenida Diaz Calle Madrid Calle Colima Avenida Rubio Calle Madrid Calle Colima Avenida Alvarado Calle Madrid Calle Colima Avenida Obregon Calle Madrid Calle Colima Avenida Carranza Calle Madrid Calle Colima Avenida Ramirez Calle Madrid Calle Colima Avenida Vallejo Calle Madrid Calle Colima Avenida Herrera Calle Madrid Calle Colima Avenida Velasco Calle Madrid Calle Colima Eisenhower Drive Calle Madrid Calle Colima Avenida Martinez Calle Madrid Calle Colima Avenida Mendoza Calle Madrid Calle Colima Avenida Villa Calle Madrid Calle Bermudas Miscellaneous Streets Calle Tampico Washington Street Eisenhower Drive Washington Street Avenue 52 La Quinta Storm Channel Avenue 50 Evacuation Channel Orchard Lane In addition to the repainting of existing pavement markings, Washington Street striping will be realigned to provide a bicycle lane. 124 002 TAPW DEPT\C0U NCIL\ 1999\991207 h. wpd The alternatives available to the City Council include: 1. Approve specifications and authorize staff to receive bids for Project No. 99-12, Citywide Slurry Seal and Restriping Program; or 2. Do not approve specifications and do not authorize staff to receive bids for Project No. 99-12, Citywide Slurry Seal and Restriping Program; or 3. Provide staff with alternative direction. Respectfully submitted, IZZ115r- CVns A. Volt Public Works Director/City Engineer Approved for submission by: homas P. Genovese, City Manager 125 03 T: MDEMCOUNCIL\1999\991207h.wpd T4t�t 4 4 Qu&& COUNCIL/RDA MEETING DATE: December 7, 1999 ITEM TITLE: Consideration of City Council Reorganization a. Selection of Mayor Pro Tem b. Selection of Representatives of Various Boards/Committees RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the selection of a Mayor Pro Tem and the assignment of Council representatives to various boards/committees. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: Each year at this time, the City Council reorganizes, selecting a Mayor Pro Tem for the upcoming year. There are no formal adopted policies or guidelines for selection of the Mayor Pro Tem. Traditionally the City Council has reviewed all assignments to boards/committees at the time of its reorganization. Attachment 1 is a roster of the current assignments for all boards/committees indicating meeting dates and times. FINDINGS AND ALTERNATIVES• 1. Approve the selection of a Mayor Pro Tem and the Assignment of Council representatives to various boards/committees; or 2. Provide staff with alternative direction. 126 Respectfully submitted, JunekSZ48feek, CMC/AAE City Clerk Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Council Board/Committee List for 1999 127 002 ATTACHMENT 1 CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE Member: John Pena, Mayor Appointed: 12-15-98 Rotates after three meetings. COACHELLA VALLEY MOSQUITO ABATEMENT DISTRICT Board Member: Term Expires: Re -appointed: Term: Staff Support: Ron Perkins, Council Member June 30, 2000 July 02, 1996 Four Years Tom Genovese, City Manager Meets second Tuesday of each month at 7:00 pm COACHELLA VALLEY MOUNTAINS CONSERVANCY Executive Board Member: Stan Sniff, Council Member Alternate: Terry Henderson, Mayor Pro Tern Staff Support: Jerry Herman, Community Development Director Meets second Monday of every other month at 3:00 pm COACHELLA VALLEY REGIONAL AIRPORT AUTHORITY Member: Alternate: Staff Support: Terry Henderson, Council Member Stan Sniff, Council Member Jerry Herman, Community Development Director Meetings are held the last Wednesday of each month at 4:00 p.m. at Thermal Airport Updated 2-1-99 128 004 LEAGUE OF CALIFORNIA CITIES RIVERSIDE DIVISION Delegate: Terry Henderson, Mayor Pro Tern Alternate: Don Adolph, Council Member Appointed: December 16, 1997 PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS BUREAU Executive Board Member: Terry Henderson, Mayor Pro Tern Alternate: John Pena, Mayor Staff Support: Tom Genovese, City Manager Meets third Tuesday of month at 9:00 a.m. at Palm Desert City Hall P.S.D.R.C.& V.B. AIRLINE SERVICE COMMITTEE Committee Member: Business Community Member: Meets twice yearly - dates not predetermined. Terry Henderson, Council Member RIVERSIDE COUNTY TRANSPORTATION COMMISSION Commission Member: Commission Alternate: Terms begin January 1, 1999 No expiration date John Pena, Mayor Ron Perkins, Council Member Meets second Wednesday of each month at 9:00 am in Riverside 129 005 SUNLINE TRANSIT AGENCY Board Member: John Pena, Mayor Alternate: Don Adolph, Council Member Staff Support: Tom Genovese, City Manager Meets last Wednesday of each month at Noon LIBRARY SERVICE ZONE ADVISORY BOARD Member: Terry Henderson Appointed: 10-1-96 Alternate: Don Adolph Appointed 10-1-96 CALIFORNIA JOINT POWERS INSURANCE AUTHORITY Member: Don Adolph Appointed: July 15, 1997 Alternates: City Manager Assistant City Manager Finance Director Senior Management Assistant PALM SPRINGS REGIONAL AIRPORT COMMISSION Commission Member: Robert Tyler 44-215 Villeta Drive Appointed: 9-16-97 Expires: 6-30-99 Term can be determined by the City Council. Meetings are held the first & third Wednesday of each month at 8:00 am. 130 r�� RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE Member: Two -Year Term CALIFORNIA STATE UNIVERSITY SAN BERNARDINO LIAISON Member: Britt Wilson, Management Assistant (Appointed by City Manager) Authorized by Council: 10-1-96 IMPERIAL IRRIGATION DISTRICT POWER CONSUMER ADVISORY COMMITTEE Member: Ingram Bander 53-820 Avenida Villa La Quinta, California 92253 (760) 771-1838 Nominated: 1-12-96 Resigned: 1-6-98 (This position is appointed by the 11D Board - the City of La Quinta presents a nomination) Updated 1/9/98 131 007 `� COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS EXECUTIVE COMMITTEE: Member: John J. Pena, Mayor Alternate: Ron Perkins, Council Member Non -Voting Member: Tom Genovese, City Manager Meets last Monday of each month at 6.00 p.m. ENVIRONMENTAL AND ENERGY RESOURCES COMMITTEE: Member: Stan Sniff, Council Member Alternate: Don Adolph, Council Member Staff Support: Christine di lorio, Planning Manager Meets second Thursday of each month at 12:00 pm. HUMAN & COMMUNITY RESOURCES COMMITTEE: Member: Don Adolph, Council Member Alternate: Staff Support: Dodie Horvitz, Community Services Director Meets fourth Wednesday of each month at 11:45 a.m. Updated: 1 /9/98 132 000008 `11 PUBLIC SAFETY COMMITTEE: Member: Ron Perkins, Council Member Alternate: Terry Henderson, Mayor Pro Tern Staff Support: Tom Hartung, Building & Safety Director John Hardcastle, Community Safety Manager Meets third Monday of each month at 10:00 a.m. TRANSPORTATION COMMITTEE: Member: Ron Perkins, Council Member Alternate: Stan Sniff, Council Member Staff Support: Chris Vogt, Public Works Director Meets third Monday of each month at 12:00 noon Updated 12/3/97 133 c&t!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: d� COUNCIL/RDA MEETING DATE: December 7, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Overnight Travel for Council Members PUBLIC HEARING: and Staff to Attend the International Council of Shopping Centers Spring Convention in Las Vegas on May 23-25, 2000 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The per -person cost for the convention is approximately $1,200 which includes round trip air fare, two nights' lodging, meals, ground transportation and conference registration. In 1999, three (3) Council Members and three (3) staff members attended the convention. The total estimated cost for similar attendance at this year's convention would be approximately $7,200. Funds for attendance at the International Council of Shopping Centers (ICSC) Spring Convention have been reserved in the Fiscal Year 1999-2000 City and RDA Budget for Travel, Training & Meetings. In order to take advantage of substantial member discounts, it is recommended that the Council Members who are planning on attending the conference be enrolled as members in ICSC at a cost of $50 per person (currently, the Mayor and Council Members Adolph and Henderson are members). Staff is recommending $50 memberships for other economic development personnel affiliated with the City who have expressed an interest in attending the conference (e.g. RSG). Those extra memberships are anticipated to cost no more than $150.00 and would allow the City/RSG to take advantage of member discounts. RSG's costs would be billed to the City as part of its contract for consulting services. BACKGROUND AND OVERVIEW: The annual International Council of Shopping Centers' Spring Convention (the "Convention") provides economic development marketing, training, information sharing, and professional development opportunities. An Early Bird Registration brochure is attached for the Council's review (Attachment 1). 134 The City was represented at last year's convention by Mayor Pena, Council Member Adolph, Council Member Henderson and three staff members (the City Manager, Assistant City Manager, and Community Development Director, as well as the Chamber Executive Director and personnel from RSG, Inc.). It is being recommended that the same City staff members attend the 2000 Convention. Staff is also seeking direction from the City Council on which Council Members would be interested in attending the 2000 Convention. Last year, all local flights were sold out, and hotel rooms were difficult to obtain in Las Vegas, especially ones close to the Convention. In that light, staff is recommending that Council Member attendance at the Convention be identified at the December 7, 1999 Council Meeting. This will allow the City to take advantage of available local flights and reserve hotel rooms that are close to the Convention. Staff will work with RSG, Inc. to schedule appointments with appropriate developers and retailers upon approval of this action. In addition, marketing packages will also be developed for distribution at Las Vegas. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve authorization for overnight travel for staff and Council Members to attend the International Council of Shopping Centers Spring Convention in Las Vegas on May 23-25, 2000 and identify Council Members that are going to attend on the City's behalf; or 2. Do not approve authorization for overnight travel for staff and Council Members to attend the International Council of Shopping Centers Spring Convention in Las Vegas on May 23-25, 2000; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager ro ed for submi ion 0 Thomas P. Genovese, City Manager Attachment: 1. ISCS - Early Bird Registration Form, Spring Convention 2000 135 CAMyData\WPDocs\CITY COUNCIUCCSTFFICSC 12-07-88.wpd 002, 9 f 0 cp �,H E X T energy in ., woluo ICSC's Annual Spring Convention is the largest and most comprehensive program for the shopping center industry. The Convention includes: • General and concurrent educational sessions and workshops discussing the latest topics • A trade exposition with over 400 exhibitors introducing new products and services • A 700 + leasing mall exposition and deal making • Planned networking activities Over 29,000 attendees were at the 1999 Convention. This year we are anticipating even more! As we enter the new millennium — how will the major issues such as e-commerce, globalization, downtown redevelopment, industry consolidation, and REIT's impact our way of doing business? Where will the 21st century take us in the retail market? How will the internet effect retail and store sales? What is the future in retailing? Thousands of ICSC members worldwide will gather at the 2000 Millennium World Congress to discuss the global changes for the shopping center industry. If you attend only one conference this year, the Spring Convention is the one you cannot olfard to miss: Please join us in Las Vegas, May 21-25, 2000. —0 A N IMT,U 13'7 generation a®®® era PLEASE PHOTOCOPY FORM AS NEEDED R E T U R N T O ICSC Registration Department 665 Fifth Avenue, New York, NY 10022-5370 Facsimile: [2121421-6464 O Check here if name and address are to be corrected on ICSC's records to conform with information below. Note: Changes in company membership can only be done if paid by the individual. I N D I V I D U A L M E M B E R S H I P N U M B E R [As it appears on your membership card.] To qualify for the member fee, each registrant must be an ICSC member. A company membership DOES NOT entitle every employee of that company to a membership. An Affiliate membership is required. ---------------------------------------------------------------------------------------------------------- last name [Surname] First name [Given name] ---------------------------------------------------------------------------------------------------------------- Company Name Title --------------------------------------------------------------------------------------------------------- Mailing Address ---------------------------------------------------------------------------------------------------------------- City State/Province Country Zip/Postal Code [ -------] [ ] --------------------------------------------------------------------------------------------------------- Business Telephone Facsimile Number E-mail SPOUSE PROGRAM ---------------------------------------------------------------------------------------------------------------- last name [Surname] First name [Given name] REGISTRATION FEES O Early Bird Registration [For Members only on or before October 30,19991 $245 OICSC Members [After October 30,19991 $265 [Advance] $335 [On -Site] ONonmembers S530 [Advance] $670 [On -Site] OSpouse Program $265 [Advance] $335 [On -Site] M E T H O D O F P A Y M E N T OCheck or money order made payable to ICSC enclosed for S ------------------ OMaster(ard OVisa OAmex Total S ---------------------------- ---------------------------------------------------------------------------------------------------------------- Name [as it appears on credit card] Signature 2000SC -------------------------------------------------------------------------------------------------------------- Credit Card Number [include all digits] Expiration Date [must expire after May 20001 ADA: Any disabled individual desiring an auxiliary aid for this meeting should notify ICSC at least five weeks prior to the meeting. Continuing Education Credits: SCSM/SCMD:1.5 credits, CLS:1.5 credits ell Reservation Procedures Notel Preference: Please select 3 hotels from the following list in the order of preference. Hotel rooms will be assigned on a first -come, first -served basis. Reservation requests will only be accepted on the attached Hotel Reservation Form and must be in writing. Saturday arrivals are limited in Las Vegas. You must be registered for the 2000 ICSC Spring Convention to secure a room at a discounted rate. Deadline: Hotel reservation requests must be received by DePrez Travel Bureau, Inc. in writing no later than April 12, 2000. If you have not done so by this date, your request will be processed on an availability basis. Deposits: All reservation requests must be accompanied by a valid credit card (card must expire after May 2000) or a check in the amount of S210.00 (per room). Those accommodations guaranteed by the 5210.00 cash deposit that require additional deposit funds (i.e., suites) will be invoiced by DePrez Travel at the time of confirmation. Accommodations guaranteed by credit card will be charged one night's room and tax as a deposit 15-45 days prior to arrival if required by the hotel. All funds, either cash deposit or credit card charge, will be applied to your room account at the hotel. Confirmations: You will receive a written confirmation of your assigned hotel directly from DePrez Travel Bureau, Inc. Please read this document carefully, as it will contain deposit and/or cancellation information unique to the hotel being confirmed. Changes: Any changes in name, arrival and departure dates, accommodation type or guarantee, must be made in writing directly to DePrez Travel Bureau, Inc. by April 12, 2000. Cancellations: Any cancellation of hotel reservations must be made directly with DePrez Travel Bureau, Inc. in writing. Special Note: Cancellation of your Spring Convention registration with ICSC will NOT cancel your hotel room. Suites: Rates listed for suites are minimum rates. Should you request a suite, a DePrez representative will contact you to answer questions on size, location, rate and amenities. Once a decision has been made on a specific suite type, your confirmation will be processed and mailed. DISCOUNrE© TRANSPORTATION Discounts of at least 5% are available on all published airfares (including First (loss) and all carriers to Las Vegas for the 2000 Spring Convention and Leasing Mall. Further, additional discounts ranging into the hundreds of dollars are available on a number of carriers in the event you do not meet the minimum stay and advance purchase requirements for the lower -priced excursion fares. For a quote from your city, please call: DePrex Travel Bureau, Inc. ICSC Travel Desk Toll Free: (888) I(S(-TVL [(888) 427-2885 ext. 4171 or (716) 442-8856 (M-F 8:00 am-5:30 pm EST) Fax: (716) 442-8934 Air rates are inclusive of tax and subject to change. Restrictions may apply. Seats are limited. We recommend reserving early. niscoUNrEn AUTOMOB/LE RENTALS Special discounted auto rental rates have been arranged through DePrez Travel and the ICSC Travel Desk. Rates quoted are daily with unlimited mileage. Please call DePrez Travel or the ICSC Travel Desk for information and reservations. Toll Free: (888) ICS(-TVL [(888) 427-2885 ext. 4171 or (716) 442-8856 (M-F 9.00 am-5:30 pm EST) Fax: (716) 442-8934 139 3 047 II boulevard mall university of nevada, las vegas 0 0` y 1 0 E dock KEY las vegas hilton riviera stratosphere 4 alexis park 5 hawthorne suites 6 marriott suites 7 rio suite hotel & casino 8 st. tropez (:, baIly's 7 bellagio caesars palace flaminoo hilton Ls r harrah's mirage 1-' monte carlo paris fm treasure island at the mirage 4 venetian four seasons luxor mandalay bay VC mgm grand new york new york r , NOTIL DESCRIPTIONS ; ;Flamingo Hilton Convention Center Area Las Vegas Hilton Superior high-rise casino and hotel built in 1946, most recently Sleek multi -story complex of tri-arc design set adjacent to the renovated in 1996, in the center of the Los Vegas Strip, Plush Las Vegas Convention (enter. Two blocks from the Strip, ! waterfalls surround the pool lagoon. ; i Rivier Harrah's Roompenavations were in 1991. This tower hotel is located directly ! First class resort, built in 1972, renovated in 1999, with on the Strip. Back entrance to the Riviera is across the street ; New Orleans theme. Conveniently located in the center from the Las Vegas Convention (enter, just a 5-minute walk. of the Las Vegas Strip. ; Stratosphere ; ;Mirage Deluxe property at value prices, opened in 1996 with the Deluxe Hotel Resort and Casino in the heart of the Las Vegas ; tallest free-standing observation tower in the United States, Strip, built in 1989 and renovated in late 1994. Home of the located 8 minutes from the Las Vegas Convention Center. world-renowned illusionists Siegfried and Roy. ----------------------------------------------------------------------------------------------- Monte Carlo All -Suite Properties Opened in mid-1996, this moderately priced 3,014 room property is designed to resemble turn -of -the -century Monte Carlo. Home of magician Lance Burton. ; Superior First (lass All -Suite Hotel located on 20 landscaped Paris acres in the South Strip area. There is no casino at this hotel. Los Vegas' newest resort, open in late 1999. This dazzling 2914 ; r room property features replicas of famous French landmarks. Built in 1998, this All -Suite 281 suite property, features Treasure Island at The Mirage complimentary breakfast buffet. Each suite features a fully Striking high-rise themed hotel and casino connected to the equipped kitchen. Pool, spa and workout room are on property. ; Mirage via from and built in 1993. ; >s Built in 1998, this efficient, limited service, 278 room hotel, Venetian ; This deluxe property, opened in 1999, as first phase of the resort , has guest rooms that feature a separate sitting area, mini is connected to the Sands Expo Center. Famous landmarks of refrigerator, phones with dataports. Outdoor pool and exercise Venice have been exclusively recreated in this dazzling property. room. Located one block west of the Las Vegas Convention (enter. ------------------- ------------- - - - - -- ' - South Strip Area -; Newly expanded in 1997, this 2500 All -Suite hotel is located ; 1 mile from the Strip with free shuttle. Built in 1989 it now Four Seasons includes the exclusive Masquerade Village. l Sophisticated 424 room non -gaming hotel. located within the Mandalay Bay complex at the south end of the Strip. First (lass non -gaming All -Suite Hotel built in 1987 and renovated Luxor in 1993. Adjacent to the Alexis Park;1/4 mile from the airport. Expansive, 30-story complex, built in 1993 to resemble ancient _. _ - _ _ _ _. _ _ _ _ _. - _ - _ ._ - . - -. � Egypt. In 1997 renovations included their own IMAX theatre and Center Stri Area __;_, the all new Giza Galleria. Mandalay Bay Bally's This 1999 resort, features 3700 rooms, located South of the Deluxe, lavish, ultra -modern 26-story hotel and casino renovated Luxor on the Las Vegas Strip. Tropically themed, the deluxe guest in 1993 and located in the heart of the Las Vegas Strip. I � rooms have upscale amenities. Home of House of Blues. ' Bellagio ; MGM Grand Opened in late 1998, this luxurious 2688 room property features ' 1 ; Sprawling High -Rise Mega -Resort built in 1993. The MGM, a ten -acre lake filled with thousand of fountains as well as a fine renovated in 1998, is the world's largest hotel, casino and art gallery. ; theme park. Caesars Palace ; New York New York Deluxe landmark Resort and Casino located in the middle of I This 2,100 room mega -resort, built in 1996, with 10 towering the Strip and renovated in 1997. New tower has been added skyscrapers resembling The Big Apple's most famous lancimpfks, 14 with 1100 guest rooms, as well as a new pool complex. Home of the world-famous Forum Shops. 5 ' _ _ 009 0 T E L rn'... t e s ALL RATES PLUS APPLICABLE TAXES CONVENTION CENTER AREA — Hotel Name Single/Double One Bedroom Suite Two Bedroom Suite FROM FROM Las Vegas Hilton $189 $355 $500 Riviera $119 $175 $375 Stratosphere $ 64 N/A N/A Hotel Name Single/Double One Bedroom Suite Two Bedroom Suite FROM FROM Alexis Park N/A 5135 S235 Hawthorne Suites N/A $109 N/A Marriott Suites N/A 5189 N/A Rio Suites N/A $130 N/A St. Tropez N/A 5130 N/A Hotel Name Single/Double One Bedroom Suite Two Bedroom Suite FROM FROM B a I I y ' s $115 $340 $475 B e I I a g i a 5229 N/A N/A Caesars Palace $ 1 8 6 $550 $800 Flamingo Hilton $ 1 1 9 $495 $695 Harrah's $ 99 N/A N/A Mirage $179 $400 $675 Monte Carlo $129 N/A N/A Paris 5135 N/A N/A Treasure Island $145 $239 N/A at The Mirage Venetian N/A $199 N/A Hotel Name Single/Double One Bedroom Suite Two Bedroom Suite FROM FROM Four Seasons $235 N/A N/A Luxor $109 N/A N/A Mandalay Bay $189 N/A N/A MGM Grand 5135 $185 N/A New York New York 5129 N./A N/A -------------------------- r Lr„.,L rnu i u�ur . runiv, „) Hcturu M A r 2/- 2 S, 2000 generation You MUST be registered for the ICSC Spring Convention in order for this form to be processed. R E T U R N T 0--)- DePrez Travel Bureau, Inc. ICSC Travel Desk 145 Rue de Ville, Rochester, NY 14618 Phone: Toll Free [8881 ICSC-TVL 0881427-2885 ext. 412), or [7161442-8856 [M-F 8:00am-5:30pm EST] Facsimile: [716] 442-8934 Note: If your form is faxed, please do not send original. List your choices in order of preference. [Please print or type] 0 / M P 0 R T A N T 1.----------------------------------------------- Rate:------------------- If you are requesting a suite and intend to use it for leasing purposes and would like to be listed as such in the Program Directory, please check here. 2------------------------------------------------ Rate: -----------------__ Note: Your request must be received by 3------------------------------------------------ Rate:--------------- -- March 24, 2000. Type of desired accommodoficim i OSingle Occupancy ODouble Occupancy OJunior Suite 01 Bedroom Suite 02 Bedroom Suite ' r ----------------------------------------------------------------------------------------------------------------- lost name [Surname] ----------------------------------------------------------------------------------------------------------------- First name [Given name] Company Name J° r ------- ------ Mailing Address ______________ ----------------------------------------------------------------------------------------------------------------- City State/Province Country Zip/Postal Code ` - '------------------------------------------ `-------'-------------------------------- Business Telephone Facsimile Number Email If double room, Please Iisf second Person's uarne ---------- - -- -- - - ---- -- - ---- ---- -- --------- -- -- - - -- Lost name [Surname] First name [Given name] Tins form` comollow br r ---------------------------------------------------------------------------------------E------I------------------ Lost name [Surname] First name [Given name] Business Telephone ----------------------------------------------------------------------------------------------------------------- Arrival date Departure date OSmoking 0 Nonsmoking [Note: Saturday arrivals are limited in Las Vegas] Special Requests:-------------------------------------------------------------------------------------------------- My credit cord to guaromee my treserrcttortis OMosterCard OViso OAmex ODiscover ODiners r r------------------------------------------------------------ Name [as it appears on credit card] Signature 2000SC --------------------------------------------------------------------------------------------------------------- ' Credit Card Number [include all digits] Expiration Date [must expire after May 20001 OMy check for the S210 deposit [payable to DePrez Travel] is enclosed with my hotel reservation form. I understand that my confirmed hotel may require the balance of the first night's room and tax, and that I will be billed for that amount by DePrez /` C at the time of my confirmation. Any changes or cancellations MUST be made in writing to DePrez Travel by April 12, 2000. A valid credit card or a check deposit must accompany all hotel reservations in order to reserve the hotel room. 14011 AGENDA CATEGORY: BUSINESS SESSION: 3 COUNCIL/RDA MEETING DATE: December 7, 1999 CONSENT CALENDAR: ITEM TITLE: Consideration of Funding Request from the STUDY SESSION: Bob Hope Chrysler Classic PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Representatives from the Bob Hope Chrysler Classic (Hope Classic) have requested funds of "up to $50,000" to pay for site preparation and security costs associated with the Hope Classic to be held on two golf courses within the City. According to Hope Classic representatives, the costs associated with last year's events in La Quinta were about $66,000 for site preparation and security ($33,000 each). Funds have not been budgeted for this event in the Fiscal Year 1999-2000 budget. The Council could allocate funds from the Special Projects Contingency Fund (101- 251-663-000) that has a current balance of $1 1,869. Alternatively, funds could be taken from the Police Special Enforcement Funds, Account 101-301-609-575 ($10,000 from this account was used in Fiscal Year 1998-1999 for the Classic's supplemental law enforcement) or the General Fund Emergency Reserves (101 -000- 300-290). CHARTER CITY IMPLICATIONS: The City Charter and its principles of home rule allows the City sufficient flexibility to fund this project for security/law enforcement reasons, or "to utilize revenues from the General Fund to encourage, support and promote economic development." Golf events may be considered a good source of advertising by putting forth the City's name and helping the City gain name recognition. 144 Representatives of the Hope Classic (Mr. Robert Brennan, President and Mr. Michael Milthorpe, Tournament Director) made a brief presentation at the November 16, 1999 City Council Meeting relative to the Hope Classic scheduled for January 17-23, 2000 and the Hope Classic's request for funds of up to $50,000 to "defray some of the cost of preparing the land for the tournament as well as the staffing for security." Last year, the City was the host City at which time the City Council allocated $10,000 to the Hope Classic specifically for law enforcement purposes within the City of La Quinta. Mr. Brennan advised that the Hope Classic will be held in La Quinta at the PGA West Palmer Course and at the La Quinta County Club. ESPN will cover the first three days of the Hope Classic and ABC television will cover the next two days. Mr. Brennan indicated that Hope Classic officials have asked ABC to mention the name La Quinta as appropriate throughout the broadcast. La Quinta Police Chief, Captain Darla Singerton has previously estimated that the law enforcement costs for the Hope Classic are "between $30,000 and $60,000." That figure is for the entire event, not just costs associated with La Quinta. Hope Classic officials have indicated that surplus funds from the Hope Classic are distributed to local charities/causes. According to those officials, the Classic hopes to defray costs so additional charitable funds can be distributed back to the community. Hope Classic officials have been notified that this matter is scheduled for consideration by the Council on December 7, 1999 and it is anticipated that a representative will be present to answer questions relative to the event. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an allocation of $50,000, or some alternative amount, to the Bob Hope Chrysler Classic from the Special Project Contingency, Police Special Enforcement Funds, or General Fund Emergency Reserves; or 2. Do not approve an allocation of $50,000, or some alternative amount, to the Bob Hope Chrysler Classic; or 145 002 3. Provide staff with alternative direction. Respectfully submitted, &4� "- 4�, Britt W. Wilson, Management Analyst City Manager's Office Approved for submission b Thomas P. Genovese, City Manager C:\MyData\WPDocs\CITY COUNCIL\CCSTFFBOBHOPEFUNDINGREQUEST 12-07-99.wpd 146 f)03 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 7, 1999 CONSENT CALENDAR: ITEM TITLE: Consideration of Contract Change Order STUDY SESSION: No.1 to E. L. Yeager for Project 98-09, Washington Street Bridge Widening, to Provide Rubberized PUBLIC HEARING: Asphalt on Washington Street and Avenue 50 Appropriate an additional $244,900.00 from City Infrastructure Funds for use as contingency for this project and approve a Contract Change Order (CCO) No-1 (Attachment 1) to provide and install rubberized asphalt on Washington Street, north and south bound lanes, from 320' south of the bridge to 1450' north of Avenue 50 (along the frontage of Montero Estates) and on Avenue 50 from 400' east of Washington Street to 900' west of Washington Street to E. L. Yeager for Project 98- 09, Washington Street Bridge Widening, in an amount not -to -exceed $131,383.00 and add 10 working days to the Contract time. The following summarizes the proposed construction cost. Original Contract Amount $2,428,700.05 Contract Change Order No. 1 $ 131,383.00 Revised Contract Total $2,560,083.05 The following table summarizes the revenue sources available for this project: Art in Public Places (A.P.P.): CVWD/IID Reimbursement: State Local Transportation Partnership Program (SLTPP): Infrastructure (FY 1997/98): Infrastructure (FY 1998/99): Infrastructure (FY 1999/00): TOTAL: $54,499 $187,209 $239,343 $276,366 $946,466 $1,825,535 $3,529,418 147 T:\PW DEPT\COUNCIL\1999\991207f1.wpd The available revenues are budgeted for the improvement as follows: Design Services: Technical Services: Construction: Administration: $289,366.00 $200,000.00 $2,449,001.00 $120,000.00 Total Revenue: $3,058,367.00 As illustrated, the amount available for construction activities is $2,449,001.00. The total construction amount needed to add the contract change order work activity is $2,560,083.05. A shortfall exists in the amount of $1 1 1,082.05. When this project was originally awarded, infrastructure funding was not available to award the contingency. At the present time there is sufficient infrastructure funding in order to appropriate a 10% contingency to the project. The requested contingency, in the amount of $244,900.00, represents 10% of the original project awarded. This contingency will adequately cover the $1 1 1,082.05 shortfall that would exist if the Change Order is approved. The remaining $133,817.95 will be utilized only if needed for other unforseen project costs. The original contract awarded to E.L. Yeager Construction Company, Inc. included funding from the State and local transportation partnership program and therefore prevailing wages applied. For this reason, there are no charter city implications. This project provides for the widening of Washington Street from 500 feet south of the La Quinta Evacuation channel to Avenue 50, including the widening of the existing bridge across the channel from 40 feet to 96 feet wide. Ultimate right-of-way improvements are planned, which will result in an arterial roadway with six lanes separated by a landscaped median. On June 22, 1999, the City Council awarded a contract to E. L. Yeager Construction Company, Inc. in the amount of $2,428,700.05 to construct Capital Improvement Project 98-09, the Washington Street Bridge Widening, and approved the execution of a reimbursement agreement between the Imperial Irrigation District (IID) and the City for costs of certain improvements requested by IID. On June 22, 1999, a Study Session was conducted to discuss the sound attenuation along Washington Street fronting the Montero Estates tract. The analysis was completed by Gordon Bricken & Associates, and the report was transmitted to the City Council on June 11, 1999. J A Q M 2 TAMDEMCO U NC IL\ 1999\991207f 1. wpd The analysis concluded that an eight (8) foot wall along Washington Street and a six (6) foot wall along Avenue 50 would achieve 60 dBA CNEL for the current conditions, but in one or two years the sound level would exceed the 60 dBA CNEL standard set by the City. In order to meet the City's standard at "build -out" traffic volumes, the following would be required: 1 . Construction of a twelve 0 2) foot wall along Washington Street; and 2. Construction of an eight (8) foot wall along Avenue 50 for the first 300 feet west of Washington Street; and 3. Construction of a six (6) foot wall for the remainder of the tract frontage along Avenue 50 (This additional height is only beneficial to those houses along the street frontage, and has little effect for the interior houses). Another method to reduce noise levels would be to overlay Washington Street and Avenue 50 with a rubberized asphalt pavement. Studies have indicated that rubberized asphalt provides a stronger structural section and decreases noise levels 3 - 5 dBA. The estimated cost for overlaying Washington Street with a 1 1/2" thick rubberized asphalt was approximately $300,000. However, this option would not fully mitigate the noise levels. During the Study Session, the City Council directed staff to obtain a cost estimate from the successful low bidder of the Washington Street Bridge Project for grinding the top cap of asphalt from Washington Street from Avenue 50 north along the frontage of Montero Estates and on Avenue 50 from Washington Street west along the frontage of Montero Estates and placing a new top cap of rubberized asphalt. Recently, the City has received a cost proposal from E.L. Yeager to grind and remove 0.10' of asphalt concrete cap and replace that cap with 0.10' of rubberized asphalt hot mix along the frontage of Montero Estates both on Avenue 50 and Washington Street. In order to maintain a consistent riding surface, an estimate was also provided for substituting the top cap of the Washington Street bridge and the approaches to the bridge with a rubberized asphalt cap. Approval of this CCO will provide a rubberized asphalt cap from 1450' north of Avenue 50 to 320' south of the bridge on all lanes and the rubberized asphalt cap on all lanes of Avenue 50 from Washington Street centerline to 900' west. The cost of this proposed Change Order is an amount not to exceed $131,383.00. If the City Council does not desire a rubberized asphalt concrete cap from Avenue 50 south, the cost of the proposed Change Order for grinding the existing asphalt and placing a rubberized asphalt concrete cap on Washington Street and Avenue 50 fronting Montero Estates only would be $1 14,343.00 (Attachment 2). 14003 T:\PWDEPT\C0UNC1L\1 999\991207f 1.wpd The alternatives available to the City Council include: 1 . Appropriate an additional $244,900.00 from City Infrastructure Funds for use as contingency for this project and approve a Contract Change Order No.1 to provide and install rubberized asphalt on Washington Street, north and southbound lanes, from 320' south of the bridge to 1450' north of Avenue 50 (along the frontage of Montero Estates) and on Avenue 50 from 400' east of Washington Street to 900' west of Washington Street to E. L. Yeager for Project 98-09, Washington Street Bridge Widening, in an amount not -to -exceed $131,383.00 and add 10 working days to the Contract time; or 2. Appropriate an additional $244,900.00 from City Infrastructure Funds for use as contingency for this project and approve a Contract Change Order No. 1 to provide and install rubberized asphalt on Washington Street, north and southbound lanes, from Avenue 50 to 1450' north of Avenue 50 (along the frontage of Montero Estates) and on Avenue 50 from the centerline of Washington Street to 900' west of Washington Street to E. L. Yeager for Project 98-09, Washington Street Bridge Widening, in an amount not -to -exceed $1 14,343.00 and add 10 working days to the Contract time; or 3. Appropriate an additional $244,900.00 from City Infrastructure Funds for use as contingency for this project and do not approve a Contract Change Order No. 1 to provide and install rubberized asphalt concrete on Washington Street and Avenue 50; or 4. Do not appropriate an additional $244,900.00 from City Infrastructure Funds for use as contingency for this project and do not approve a Contract Change Order No.1 to provide and install rubberized asphalt on Washington Street, north and south bound lanes, from 320' south of the bridge to 1450' north of Avenue 50 (along the frontage of Montero Estates) and on Avenue 50 from 400' east of Washington Street to 900' west of Washington Street to E. L. Yeager for Project 98-09, Washington Street Bridge Widening, in an amount not -to -exceed $131,383.00 and add 10 working days to the Contract time; or 5. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt 15 Public Works Director/City Engineer 004 TAPW D EPT\C0U NC IL\ 1999\991207f 1 . wpd Approved for submission by: zz Thomas P. Genovese City Manager Attachments: 1 - Contract Change Order No. 1 for $131,383.00 2 - Contract Change Order No. 1 for $1 14,343.00 151 005 T:\PW DEPT\COU NCI L\ 1999\991207f 1 . wpd ATTACHMENT 1 U S � Ivy �a•nu �•� 3 OF T1�t O CONTRACT: CONTRACTOR: Washington Street Bridge Widening Improvement E. L. Yeager Construction Company, Inc. P. O. Box 87 Riverside, California 92502-0087 Sheet 1 of 2 PROJECT NO. 98-09 CONTRACT CHANGE ORDER NO. 1 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE The Contractor is to provide all labor, materials and equipment to grind 0.10' of existing asphalt paving and replace 0.10' of Asphalt Rubber cap course. Limits of Work: On Washington Street, north and south bound lanes, from 320 feet south of the bridge to 1450' north of Avenue 50th On Avenue 50th, east and west bound lanes, from 400 feet east of Washington Street to 900' west of Washington Street. The estimate shall includes all requires traffic controls and the replacement of existing striping on Washington Street and on Avenue 50th,. The Contractor's construction cost of $ 168,343.00 includes $36,960.00 for an existing bid item ( bid item No. 7). The net increase of this contract change order is $131,383.00. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED $131,383.00 Previous Contract Amount Through Change Order No. 0_ $ 2,428,700.05 Add This Change Order $ 131,383.00 Revised Contract Total $ 2,560,083.05 By reason of this contract change order the time of completion is adjusted as follows: -14- days added/ deleted to contract time. The revised contract completion date shall be: 3/18/2000 Submitted By: Date: Approved By: We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Title: 152 Contractor: Date: 007 DEC. 1.1999 1:39PM I'". CWO r. le 1 E.L. YEAGER "SINCE 1919" CONSTRUCTION COMPANY, INC. ESTIMATED AND PROPOSAL: Good for 30 days, Was otherwise snecifled. TO: CITY Or, 0,UMA DATE: December 1. 1999 ADDRESS: --P.-O—Box 1504PHONE # , (760)777.7000 CITY/STATE/ZIP: Le Ouinta. CA 92253 FAX # (760)777-1227 Washington Street Bridge Widening JOB LOCATION: Proi-W No. 99-09 JOB NUMBER: ATTENTION: _ - Jnmea Lindsey. Assistant P t= JOB PHONES: ITEM I DESCRIPTION I QUANTITY I UNIT PRICE TOTAL RE"SED Cost Estimate per City of La Quinta Letter dated September 17, 1999 1. Traffic Control Lump Sum $ 10,250.00 2. Cold Plane Header Cut 5,220 LF $ 2.80 14,616.00 3. 10' Asphalt Rubber Hot Mix 1,000 TN 54.00 54,000.00 (Washington Bridge) 3a. A 0' Asphalt Rubber Hot Mix 1,345 TN 54.00 72,630.00 (Washington NB & Avenue 50 West) 4. Adjust Water Valves to Grade 14 EA 325,00 4,550.00 5. Adjust Sewer/Storm Drain Monuments to Gmdel0 EA 425.00 4,250.00 6. Adjust Survey Monuments to Grade 2 EA 325.00 650.00 7. Striping and Markers Lump Sum 7,397.00 TOTAL: S 16%343.00 QUALIFICATIONS: 1. ARHM per Caltrans Section 39, "Asphalt Concrete". 2. Additional 10 workiag days required, 3. Additional upgrade of water valves are not included 4. Remove existing pavement markers included, TELEPRONX-, (909) 684-5360 FAX: (009) 684-1644 LICENSENUMBER: 140069 T.LN. 9S-1751673 E.L. YEAGE C N37'RUCTION COMPANY K MAILING ADDRESS: P.O. BOX 97; RIVERSIDE, CA 92502.0087 J SHIPPING ADDRESS: 1993 AGUA MANSARD., RIVERSIDE, CA 92500-2405 BY C. Doo1.-maan, estimator i.0J, U S � Fr CFy OF Mti� CONTRACT: CONTRACTOR: Washington Street Bridge Widening Improvement E. L. Yeager Construction Company, Inc. P. O. Box 87 Riverside, California 92502-0087 ATTACHMENT 2 Sheet 1 of 2 PROJECT NO. 98-09 CONTRACT CHANGE ORDER NO. 1 ****************************************************************************************** Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE The Contractor is to provide all labor, materials and equipment to grind 0.10' of existing asphalt paving and replace 0.10' of Asphalt Rubber cap course. Limits of Work: On Washington Street, north and south bound lanes, from the center line of Avenue 50th to 1450' north ( 87' W by 900' Land 108' W by 550' L). On Avenue 50th, east and west bound lanes, from the center line of Washington Street to 900' west (26' W by 900' L) and left turn pocket (12' x 120'). The estimate shall includes all requires traffic controls and the replacement of existing striping from Sta 57+27 to Sta 64+50 on Washington Street and from Sta 40+50 to Sta 49+50 on Avenue 50th, east and west bound lane. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED $114,343.00 Previous Contract Amount Through Change Order No. _0_ $ 2,428,700.05 Add This Change Order $ 114-343.00 Revised Contract Total $ 2,543,043.05 By reason of this contract change order the time of completion is adjusted as follows: -14- days added/ deleted to contract time. The revised contract completion date shall be: 3/18/2000 Submitted By: Approved By: ***a*****a**aaaas*****zaaaa**a*a****a******aaaa*aaa****aaaaaa******z*****aa*******a****aaa We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Contractor: Date: 1541 WE DEC. 1.1999 1=39PM NO.146 F.1%1 ,5 E.L. YEAGER "SINCE 1919" CONSTRUCTION COMPANY, INC. ESTIMATED AND PROPOSAL; Good for 30 days. unless otherwise specified. TO: CITY Or L A OWNT4 DATL-: December 1. 1999 ADDRESS: P.O. 13PA 1594 PHONE # (760)777-7000 CITY/STATE/ZIP: La Ouinta. CA 92253 FAX # (760)777-1227 Washington Street Bridge Widening JOB LOCATION: AroieCt Wo. 98.09 JOB NUMBER: ATTENTION: JAmrA Lmdsev. Assistant Enginepr JOB PHONES: ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL REY4SED Cost Estimate per City of La Quinta Letter dated September 17, 1999 1. Traffic Control Lump Surn $ 10,250.00 2. Cold Plane Header Cut 5,220 L1r $ 2.80 14,616.00 3. .10' Asphalt Rubber Hot Mitt 1,000 'TN 54.00 54,000.00 (Washington Bridge) 3a. .10' Asphalt Rubber Hot Mix 1,345 TIN 54.00 72,630.00 (Washington NB &c Avenue 50 West) - 4. Adjust Water Valves to Grade 14 EA 325,00 4,550.00 5. Adjust Sewer/Storm Drain Monuments to Grade10 EA 425.00 4,2%00 6. Adjust Survey Monuments to Grade 2 EA 325.00 650.00 7. Striping and Markers Lump Sum 7,397.00 TOTAL: 5 169,343.00 OUALIFICATIONS: _..— 5*1 000, 00 "Asphalt % y3Y3.00 1. A R.HM per Caltrans Section 39, Concrete". 2. Additional 10 working days required, 3. Additional upgrade of water valves are not included 4. Remove existing pavement markers included. TtLEPRONI£: (909) 684-5360 FAX: (909) 694-1644 LICENSE NUMBER: 140069 T.LW, 95-1751673 E.L. YEAGE C NSTRUCTIOI I CO �il'ANY, Nt bfAILWG ADDRFM.- ?.Q, BOX 97. RIVERSIDE, CA 92502.ON7 /J SHIPPING ADDRESS: 1995 AQUA MANSARD., RIVERSIDE, CA 02500-2405 3y, D. C. Bach, nwn, Estimator 155 T-itit 4 4a Qu&& AGENDA CATEGORY: BUSINESS SESSION. I COUNCIL/RDA MEETING DATE: December 7, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of a Recommendation of the Historic Preservation Commission for the PUBLIC HEARING: Allocation of Funds in an Amount Not to Exceed $10,000 to Hire a Cultural Resources Consultant to Prepare Guidelines for the Curation of Archaeological Collections RECOMMENDATION: Approve the recommendation of the Historic Preservation Commission, appropriate funds from the General Fund Reserve in an amount not to exceed $10,000, and authorize the distribution of a Request for Services. FISCAL IMPLICATIONS: Staff has estimated that the consultant costs will not exceed $10,000. Should the City Council deem it appropriate, the General Fund Reserve (10 1 -000-300-290) could be used for this purpose. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: As directed by the City Council, staff invited the Agua Caliente Band of Mission Indians, 29 Palms Band of Mission Indians, Cabazon Band of Mission Indians, Cahuilla Band of Indians, Torres -Martinez Desert Cahuilla Indians, The Agustine Band of Mission Indians, Santa Rosa Rancheria Tachi Yokut and Morongo Band of Mission Indians to meet on October 10, 1999, and discuss the City's concern about the proper and respectful manner in which various artifacts should be preserved and/or curated. Representatives from three of the eight bands, Torres -Martinez, Agua Caliente and Cabazon attended the meeting. All in attendance recognized the need for local storage of artifacts and are interested in creating a repository(s). The Cabazon Band have a museum, but do not have storage for curation of artifacts. The Agua Caliente Band do have a museum and are P:\CHRISTI\CCCurationrevised.wpd 156 currently planning a second museum of approximately 50,000 square feet. Curation facilities are being considered. Construction is planned within the next five years. At the conclusion of the meeting it was agreed that discussion should continue with the hopes of additional bands becoming involved, regarding the curation of cultural resources. The City Council at its October 5, 1999 meeting, continued any appropriation of funds to hire a Cultural Resources Consultant to prepare guidelines for the curation of archaeological collections. This is due to their direction that staff contact the Coachella Valley Native American tribes to meet and discuss any issues they may have regarding the curation of archaeological resources (Attachment 1). At its September 15, 1999 meeting (Attachment 2), the HPC recommended the City pursue hiring a cultural resource consultant to prepare a Curation Program. The Historic Preservation Commission (HPC), at its May 27, 1999 meeting, recommended continuance of the proposed Guidelines for the Curation of Archaeological Collections. This was due to staff's recommendation of covering only one aspect of curation, that being the temporary storage of the artifacts with the Archaeological Curation Unit (ARU) operated by the University of California, Riverside. In the long term, the Commission would like to pursue keeping the artifacts in a qualified repository within the Coachella Valley, preferably the City of La Quinta (Attachment 3). As the City is currently experiencing a rapid rate of development, immediate attention is needed regarding the storage of cultural resources. The Historic Preservation Commission is concerned about the potential loss of archaeological resources without a long term plan for a "qualified repository." Its purpose is to curate cultural resources for exhibition and scientific research and would not include any Native American sacred and\or ceremonial artifacts. Under State law specific steps shall be taken for treating or disposing of, with appropriate dignity human remains and any items associated with Native American burial. Therefore, this also would not be a part of the curation program. The State of California Guidelines for the Curation of Archaeological Collections. States "The purpose of the Guidelines is to ensure those archaeological collections and their associated records are preserved and managed adequately so that future generations might use them to: 1. Enhance cultural traditions; and 2. Conduct scientific research; and 3. Provide educational and heritage and appreciation programs." The procedure for setting up a curation program, should the Council deem it appropriate, would not only be tailored to its needs, but also comply .with Federal and State environmental laws and regulations. Some of the "topics to be considered" in 157 developing a procedure are: ilv2 P:\CHRISTI\CCCurationrevised.wpd 1 Methods to assemble, prepare, manage and preserve collections; 2. Methods for the use of collections; 3. Terms and conditions for contracts, memoranda, and agreements by which archaeological collections are acquired by repositories; 4. Possible funding mechanisms in collaborations with the Native Americans for cultural resources grants to establish a "qualified repository" and recommendations for its location; 5. Pursue a joint private/public venture to house and oversee the program; and, 6. Coordination with the Native American tribal organizations in addressing their concerns, specifically repatriation laws. As cultural resources is one of the City's key assets identified both in the General Plan and 1999/2000 Economic Development Plan, implementation of a curation program for archaeological collection will further enhance the City's unique environment as well as the quality of life for its residents. Based upon this information, the Commission is recommending that a consultant be hired to prepare Guidelines for the Curation of Archaeological Collections•. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the recommendation of the Historic Preservation Commission, appropriate funds from the General Fund Reserve in an amount not to exceed $10,000 and authorize the distribution of a Request for Services; or 2. Approve the recommendation of the Historic Preservation Commission and direct staff to appropriate funds from a different fund balance and distribute a Request for Services; or 3. Do not approve the recommendation of the Historic Preservation Commission; or 4. Provide staff with alternative direction. Respectfully submitted, ' )r Approved for submission by, T Thomas P. Genovese, City Manager 15 g P:\CHRISTI\CCCurationrevised.wpd iJv3 Attachments: 1 . City Council Minutes for October 5, 1999 2. Planning Commission Minutes for September 15, 1999 3. Historic Preservation Commission Minutes for May 27, 1999 159, P:\CHRISTI\CCCurationrevised.wpd ATTACHMENT 1 City Council Minutes 9 -, October 5, 1999 Council Member Perkins felt it's a peculiar position the cities to be expected to oppose the airport expansion when at the s e time CVAG's Transportation Committee is pushing very hard to expan ain transportation to the valley. He supported taking no action at this ti Robert Tyler, 44-215 Villet rive, City's representative on the Palm Springs International Airport Co ission, advised that the Commission has endorsed the need for a Regi I Airport Plan, but feels there's too many unknowns at this time to try ,t estrict the LAX expansion. He supported tabling the matter at this time. No wCon was taken. 5. CONSIDERATION OF A RECOMMENDATION OF THE HISTORIC PRESERVATION COMMISSION FOR THE ALLOCATION OF FUNDS IN AN AMOUNT NOT TO EXCEED $10,000 TO HIRE A CULTURAL RESOURCES CONSULTANT TO PREPARE GUIDELINES FOR THE CURATION OF ARCHAEOLOGICAL COLLECTIONS. Ms. di lorio, Planning Manager, advised that the Historic Preservation Commission has requested that an appropriation of funds be made to hire a cultural resources consultant to prepare guidelines for a qualified curation program and archaeological collections. This request is due to the rapid rate of development in the City, and potential loss of archaeological resources. The purpose of the long-term plan is to enhance the cultural traditions, conduct scientific research, and to provide educational and heritage appreciation programs. Council Member Adolph supported the idea of being able to categorize and display the artifacts in the City, perhaps in an added section of the Historical Society Museum. Council Member Perkins concurred. Council Member Henderson understood that at least two of the local Indian tribes are proposing museums of their own, and that the artifacts belong to them. Ms. di lorio advised that there are no specifics about when those museums will be in place, and that the repatriation laws cover religious and burial materials. All other materials can be placed in a repository for scientific research. She further advised that both complete and partial pots have been recovered, along 160 City Council Minutes 10 October 5, 1999 with pieces that can be put back together. Arrowheads have also been found. Artifacts cataloged through a curation program can be loaned or used for scientific research. In response to Mayor Pena, Ms. di lorio advised that some non -Indian artifacts have been found in conjunction with homestead trash sites. Council Member Adolph was concerned that with all the development going on, the artifacts that are out there will be lost. Council Member Henderson noted that the Historical Society has several boxes of pottery shards. Ms. di lorio advised that the curation program would also help to establish settlement patterns. Council Member Henderson didn't have a problem moving forward with the program. In response to Council Member Henderson, Ms. di lorio advised that the State has provided guidelines for the City to use in preparing more specific guidelines to create a curation program. She also confirmed that the program would come back to Council for approval. Council Member Sniff felt there's very few artifacts left that haven't been covered up with development of some kind. In response to Council Member Sniff, Ms. di lorio advised that the trash sites were from the homestead period around 1916. Council Member Sniff has mixed feelings about this, but is willing to support it if Council feels that it's a good idea. He felt it's important to have a secure and adequate location to store any artifacts that the City might be allowed to keep, and suggested the Historical Society Museum as an appropriate place. In response to Mayor Peria, Ms. di lorio advised that the program recommendation is that the City be able to keep whatever the Indians don't want in regard to religious and burial materials. The Indians are consulted as part of the program. Mayor Pena has mixed emotions about having a consultant do•a study on setting up a program that would have to be administered later on. City Council Minutes 11 October 5, 1999 Council Member Henderson wished to know more about the Indians' intentions regarding museums. Council Member Sniff suggested continuing this item to find out what their intentions are. Ms. di lorio advised that that was intended to be a part of the program. Mayor Pena felt that should be done first. Council concurred. MOTION - It was moved by Council Members Sniff/Henderson to continue the matter of hiring a . Cultural Resources Consultant for the curation of archaeological items to November 2, 1999. Motion carried unanimously. MINUTE ORDER NO. 99-142. 6. `CONSIDERATION OF A FUNDING REQUEST FROM SIMON MOTORS TO PRISCESS THREE TEMPORARY USE PERMITS. Mr. Herm C<ing nity Development Director, advised that Simon Motors has requested fu n the amount of $300 to pay for processing of three temporary useits for the dealership's 25th Anniversary. Council Member Sniff 't recall the City ever waiving fees for a private enterprise, and was somew t uncomfortable setting a precedent now. He suggested providing a plaque in or of their anniversary celebration, and felt it might be a legitimate course o ction to take in the future for other businesses that have been in the City fo 10 years and again at 25 years. Council Member Henderson agreed that gra ng the request wouldn't be proper, and supported providing a plaque. Council Member Perkins agreed. Council Member Adolph advised that he couldn't support th equest, and questioned why General Motors would even ask the City for $300x,He also questioned it being appropriate for Council Member Sniff to participatNo this item because of campaign contributions he received from Simon Motors. Ms. Honeywell, City Attorney, advised that campaign contributions are not considered relevant in determining a conflict of interest. ATTACHMENT #2 Historic Preservation Commission Minutes September 15, 1999 Commissioner Puente asked about the final report. Staff stated the consultant would be preparing a m a is ou and its significance. 4. Commissioner Puente asked staff to explain what a moto grader was and would the use of it destroy any archaeological resource Staff stated the consultant had completed a surface recovery to dete e what level they could safely dig. If they needed to go further they It safe in using the grader. In any case, they will be monitored until they et to the level of hand excavation. 5. Commissioner Mitchell stated he had a concern bout 100% excavation but felt it had been resolved. His other concern as the grading of the top 55 centimeters of the site. To wipe off the top centimeters is wiping off he youngest segments of the site. It is nice o know how things evolved. Unless this is fill. Can this be changed. taff stated it could be changed. Commissioner Mitchell suggested a re irement be added requiring a two meter by two meter area be hand exc ated to give a profile over the two sensitive areas. 6. Commissioner Irwin asked if a de of 55 meters was deeper than what was normally required. Commissio er Mitchell stated it is deep for this area. Commissioner Irwin asked if t Commission should be requiring them to go deeper. Commissioner Mit ell stated they usually go two ten centimeters below the archaeological idden. 7. There being no er discussion, it was moved and seconded by Commissioners Pu to/Irwin to adopt Minute Motion 99-024 accepting the Archaeological D a Recovery Plan for the La Quinta Corporate Centre, with the following odification: a. T06 Data Recovery Program shall be modified as follows: two of the ost sensitive areas identified in- the Phase II Study shall be excavated to a depth of 2 X 2 meters prior to excavation. B. Guidelines for Curation of Archaeological Collection; a recommendation to the City Council for the allocation of funds in an amount not to exceed $10,000 to hire a cultural resources consultant to prepare Guidelines for the Curation of Archaeological Collections. 1. Planning Manager Christine di Iorio stated that since the last meeting and submitting temporary guidelines for temporary storage of materials, staff did 16 , further research and found that it might be more beneficial to hire a qualified rO9 CAMy Documents\WPDOCS\HPC9-15-99.wpd -2- Historic Preservation Commission Minutes September 15, 1999 cultural resource specialist to prepare a more complete package dealing with not only the immediate storage of material, but also look at possible locations for a repository in the Valley and possible funding mechanisms. In addition, information could be prepared on how to prepare, manage, and preserve the collection, consider educational programs, and display possibilities. With this in mind, staff is submitting to the Commission an outline for a Request for Services proposal to be distributed to qualified consultants. 2. Commissioner Irwin stated she would like to see the City construct a local repository as the information the City is losing is too valuable. Once it leaves the Valley it is gone forever. 3. Commissioners Puente and Mitchell agreed and stated they were proud of La Quinta for its efforts. 4. Chairman Wright thanked staff for their work in preparing the necessary documents as he thought it was a very exciting process to be involved in. 5. There being no further discussion, it was moved and seconded by Commissioners Puente/Mitchell to adopt Minute Motion 99-025 recommending to the City Council the allocation of funds, not to exceed $10,000 to hire a cultural resources consultant to prepare Guidelines for Curation of Archeological Collections. Unanimously approved. VII. COMMISSIONER ITEMS: None VIII. ADJOURNMENT There being no further business, it was moved and adjourn this meeting of the Historic Preservat' meeting of the Historical Preservation Co Peissi Historical Preservation Commission was Mourned approved. Submitted by: Betty J. & Executive s nded by Commissioners Irwin/Mitchell to Commission to the next regularly scheduled on on October 21, 1999. This meeting of the at 3:28 p.m. September 15, 1999. Unanimously 164 CAMy Documents\WPDOCS\HPC9-15-99.wpd -3- 0 ATTACHMENT 3 Historic Preservation Commission Minutes May 27, 1999 of another cultural before the Cahuilla Indians had been found. Mr. Brock stated that if there was o be found, it will be found during the monitoring of the sewer tre ing •as it will go the deepest. 10. Commissioner Puente asked who the remains we given to. Mr. Brock stated they were given to the coroner and it i own what they did with them; they were probably give to Kat ne Saubel, traditional Cahuilla Indian elder and Commissioner n the Native American Heritage Commission. 11. Chairman Wright stat a agreed that if anything were to be found it would be very deep due the sand and in essence what they are doing is capping the site with t development of the site. 12. There mg no further questions, it was moved and seconded by Co issioners PuenteNossler to adopt Minute Motion 99-016 accepting ase II Text Excavation Report for the 50 acres located at the northeast corner of Avenue 48 and Jefferson Street, per staff s recommendation: C. Cultural Resources Guidelines. Curation of Archaeological Resources. 1. Planning Manager di Iorio presented the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Irwin asked what the requirements were for a repository. Staff stated they would have to obtain that information. 3. Commissioner Irwin stated the Guidelines appear to be generic and she would like to have a study session where the Native American representatives would be invited to discuss what should be done with the items found. After attending the Symposium she would like to have a workshop with representatives from the Native Americans who live in La Quinta to discuss what is being found and how those artifacts are processed and/or handled. Some items that are found do not need to be curated, or sent to Riverside, and could be retained in the desert. 4. Chairman Wright asked what the process was when artifacts were found and asked that a copy of the State Guidelines be sent to each of the Commissioners so they could review and plan a meeting with the local representatives to discuss the Guidelines and look at the possibility of building a repository. 1615 CAMy Documents\WPDOCS\HPC 5-27-99.wpd -3- Oil Historic Preservation Commission Minutes May 27, 1999 5. There being no further comments, it was moved and seconded by Commissioners Puente/Irwin to continue this item to the next meeting. Staff was directed to give a copy of the guidelines and CEQA Guidelines to each of the Commissioners. Unanimously approved. VII. COMMISSIONER ITEMS: A. Chairman Wright requested copies of the survey on the oric structures be given to each of the Commissioners. B. Commissioner Vossler informed everyone th ommissioner Irwin had been voted La Quinta Citizen of the Year by the amber of Commerce and also named Chairman of the Volunteers for the LaXuinta Arts Foundation. C I� Commissioner Puente askedfjfh iere was any further information on the Betty Williams project. Staff stated o further work had been proposed. Commissioners DiscusXd the Conference they had attended in Palm Springs. VIII. ADJOURNMENT There being no further bus' ess, it was moved and seconded by Commissioners Vossler/Puente to adjourn this meeting o he Historic Preservation Commission to the next regularly scheduled meeting of the Histo'efil Preservation Commission on June 17, 1999. This meeting of the Historical Preservation Com fission was adjourned at 4:22 p.m. May 27, 1999. Unanimously approved. Submitted Betio J. Sawyer N • • CAMy Documents\WPDOCS\HPC 5-27-99.wpd -4- IJ 12 T4ty4 4a Q" AGENDA CATEGORY: // BUSINESS SESSION: S� COUNCIL/RDA MEETING DATE: December 7, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of a Historic Preservation Commission PUBLIC HEARING: Recommendation for 'Design and Financial Participation of a Plaque for Tradition/Hacienda del Gato in an Amount Not to Exceed $500. Applicant: La Quinta Historic Society RECOMMENDATION: Approve the recommendation of the Historic Preservation Commission and authorize staff to appropriate an amount not to exceed $500 from the General Fund Reserve account to prepare a plaque for Hacienda del Gato at the Tradition in conjunction with the La Quinta Historical Society. FISCAL IMPLICATIONS: No funds have been allocated within the Fiscal Year 1999-2000 Budget for this item. The applicant is requesting a maximum $500.00. Adequate funds are available in the General Fund Reserve Account #101-000-300-290 to fund this request. In addition, the Special Projects Contingency Account #101-251-663-000 has a balance of $1 1,869 and is available to fund this request. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Historical Society is preparing a plaque in recognition of Tradition's preservation and adaptive reuse of the historic Hacienda del Gato as a focal point within their country club. They have requested the City, through the Historic Preservation Commission, participate in the endeavor. In order for the City to financially participate in the plaque purchase, the City Council must allocate funds since none are budgeted for this purpose. The City Council can 167 P:\STAN\cc rpt traditiions plaquempd designate the Historic Preservation Commission to be the body to work jointly with the La Quinta Historical Society in the purchase, design, and presentation of the plaque. The Historic Preservation Commission, at its meeting of November 17, 1999 (Attachment 1), unanimously adopted Minute Motion 99-028, recommending the City Council designate that the Historic Preservation Commission work with the La Quinta Historical Society to prepare and present a plaque to the Tradition, and financially participate up to a maximum of $500.00. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the recommendation of the Historic Preservation Commission and authorize staff to appropriate an amount not to exceed $500 from the General Fund Reserve Account to prepare a plaque for Hacienda del Gato at the Tradition in conjunction with the La Quinta Historical Society; or 2. Approve the recommendation of the Historic Preservation Commission and authorize staff to appropriate an amount not to exceed $500 from the Special Contingency Fund Account to prepare a plaque for Hacienda del Gato at the Tradition in conjunction with the La Quinta Historical Society; or 3. Do not approve the recommendation of the Historic Preservation Commission to appropriate funds for a plaque for Tradition and Hacienda del Gato; or 4. Provide staff with alternative direction. Respectfully submitted, �Irry HerhI6n, Community evelopment Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Excerpt from the Historic Preservation Commission minutes for the meeting of November 17, 1999 P:\STAN\cc rpt traditiions plaquempd 0 4 ATTACHMENT 1 Historic Preservation Commission Minutes November 17, 1999 B. 'Nkrchaeoloaical Testine and Si to ed on the north side of Eisenhower Drive, east of Coachella Drive. Applicant: US e Corporation. Archaeological Consultant: CRM TECH. 1. Pri 'pal Planner Stan Sawa stated staff was recommending this report be contin d to the next meeting. 2. There bei no further discussion, it was moved and seconded by Commission Irwin/Puente to continue this to the next meeting. Unanimously ap ved: C. Recommend to the City Council Participation with the Historical Socie , in the Design and Cost of a Plaque Recognizing Tradition/Hacienda del Gato as a Historic Resource located at the south terminus of Washington Street and 5Z' Avenue. Applicant: La Quinta Historical Society. 1. Commissioner Irwin withdrew due to a possible conflict of interest. 2. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. There being no discussion, it was moved and seconded by Commissioners Puente/Mitchell to adopt Minute Motion 99-028 recommending to'the City Council financial and other participation in the Tradition plaque, with the dollar amount not to exceed $500.00. Unanimously approved. Commissioner Irwin rejoined the Commission. uth end of the La Quinta Cove area. Applicant: City of La Quinta. Consultant: Archaeological Advisory Group (James Brock) 1. Pri al Planner Stan Sawa presented the information contained in the staff report,X copy of which is on file in the Community Development 2. Commissioner MVkhell stated, based on the report, this project would not have any impact on\agrand urces. 3. Commissioner Irwistated the area had beensubjected to so many floods over the likelihood of anything being found was unlikely. i�v CAMyDocuments\WPDOCS\HPC11-17-99.wpd -3- 169 COUNCIL/RDA MEETING DATE: December 7, 1999 Discussion Regarding the Art in Public Places Ordinance RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: A change in the Art in Public Places Ordinance may necessitate a change in the amount of funds collected through development projects for the Art in Public Places program. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the December 19, 1989 City Council meeting, the concept of an Art in Public Places program was discussed, as provided in Attachment 1. At the June 5, 1990 City Council meeting, the City Council adopted the Art in Public Places Ordinance with an allocation of $50,000 for this program in Fiscal Year 1990/91, as provided in Attachments 2 and 3. On March 17, 1992, Ordinance 203 was adopted, accepting changes to the Art in Public Places Ordinance as provided in Attachment 4. On December 5, 1995, Ordinance 277 was adopted, wherein the Art in Public Places Committee was changed to the Art in Public Places Commission as well as other changes in the Ordinance, as provided in Attachment 5. The Master Art Plan for the City of La Quinta was adopted by the City Council on October 17, 1995, as provided in Attachment 6. The Master Art Plan provides the guidelines for the public art program. On May 5, 1998, the Art in Public Places Commission was merged with the Cultural 17 0 Commission to form the Cultural Arts Commission and Ordinance 317 was adopted, as provided in a redline copy as Attachment 7. Attachment 8 is the current Art in Public Places Ordinance. Attachment 9 is the financial record of revenue and expenditures of the Art in Public Places Account, from its inception through October 1999. Attachment 10 is a breakdown of the revenue generated by residential and commercial development, through October 1999. The Art in Public Places fees charged to commercial, industrial and non-residential development within the City are equal to the greater of: one-half of one percent of the project cost; or twenty dollars. All residential structures whose project cost is in excess of one hundred thousand dollars are charged a fee equal to the greater of: one fourth of one percent for that portion of the project cost in excess of one hundred thousand dollars; or twenty dollars. Fees are collected at the time of issuance of a building permit, except in the case of residential developments of more than one dwelling unit, where the fee shall be collected on a pro rata basis for each dwelling unit when it receives its final inspection or certificate of occupancy, which ever occurs first. Per Section 2.65.1 10 (Art in Public Places Fund) of Ordinance 317, expenditures of the Art in Public Places funds may include the following: • The cost of the artwork and its installation • The cost of purchase or lease of art sites • Waterworks, landscaping, lighting and other objects which are an integral part of the artwork • Frames, mats, pedestals, and other objects necessary for the proper presentation of the artwork • Walls, pools, landscaping or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the artwork • Expenditures for maintenance and repair of artwork • Administrative expenses to implement any provision of the Art in Public Places Ordinance, however, administrative expenses may not exceed five percent (5%) of the total funds in the account as of July 1 of any year nor twenty five thousand dollars ($25,000) in any fiscal year. The Art in Public Places funds must be committed for a use as specified in the Ordinance within two years of their collection. If the funds are not committed, the fees in the Art in Public Places fund shall be distributed to the person or entity who has paid the fees. As of this date, all funds collected beyond the two year period have been committed to a specific use as permitted as provided in Attachment 1 1 . 171 VU S:\Community Services\CCReports\CC.018.wpd Resp ctfully ubmitted, Dodie Horvit , C rrtmunity Services Director Attachments: Approved for submission by: T omas P. Genovese, City Manager 1 . City Council Minutes from December 19, 1989 2. City Council Minutes from June 5, 1990 3. Ordinance 177 4. Ordinance 203 5. Ordinance 277 6. Master Art Plan 7. Ordinance 317 Redline Copy 8. Ordinance 317 Final Copy 9. November 1999 Art in Public Places Financial Report 10. Art in Public Places Collection Record 11. Approval of Fiscal Year 1998/99 City of La Quinta Development Project Fee Report lit 003 S:\Community Services\CCReports\CC.018.wpd • ATTACHMENT 1 Council Minutes Page 6 December 19, 1989 NESS SESSION REPORT OF COMMUNITY SERVICES COMMISSION REGARDING LA QUINTA CIVIC ART PURCHASE AWARD PROGRAM. Mrs. Mendoza, Community Services Commissioner, addressed the Council advising that the Commission has recommended that the Council authorize $5,000 for the purchase of art for the Civic Center with that purchase being coordinated through the La Quinta Arts Foundation with one member of either the City Council or City Staff joining that Committee; and further that this be an on -going, annual program. Mrs. Mendoza advised that the Commission is discussing an Art in Public Places Program and have formed a sub -committee made of up the two Commissioners assigned to the Fine Arts Committee and two members of the La Quinta Arts Foundation and two staff members. They have been meeting and studying ordinances adopted by other cities to formulate a proposal which can be presented to the City Council for consideration Council Member Bohnenberger supported the recommendation noting that we are an arts -oriented community and we should be purchasing art for display in public places. He hoped that this is the first step in a long range program of establishing developers fees or setting up awards that various developers could support, i.e. "Sunrise Award" or "Landmark Award", which would be on display at City Hall for a certain length of time. He recommended one change to the recommendation, that it be a committee of a representative of the City Council, City Staff, and Community Services Commission to sit on the judging panel with the La Quinta Arts Foundation. MOTION - It was moved by Council Members Bohnenberger/Sniff that the recommendation of the Community Services Commission be approved and that $5,000 be allocated from the Contingency Account for purchase of art at the 1990 Arts Festival for the Civic Center with that purchase being coordinated through the La Quinta Arts Foundation with one member of the City Council, City Staff and Community Services Commission serving on the committee with the Foundation and that it be an on -going, annual program. Motion carried unanimously. MINUTE ORDER NO. 89-143. 2. RZE44PT OF PETITION TO FORM COMMUNITY FACILITIES RICT NO. 89-4 ANSPACIFIC DEVELOPMENT CO. Mr. Genovese, 't. City Manager, no that the City Council has previously au Sri the re t of funds for the payment of technical services 11 nec ary the formation of a Mello -Roos Community Facilities Ks t on Highway 111. More specifically., this boundary will be om the westerly City boundary, to Adams, north of Highwa 11 and south he Whitewater Channel. The l'7 petition has b received and he antics ed that within 40 days there wi e a resolution initiating t roceeding with the proces eing concluded in approximately six mont s. ATTACHMENT 2 City Council Minutes Page 2 June 5, 1990 In response to Council Member Bohnenberger, Mr. Sawa advised at the City's current ordinance requires irrigation during g ding and then the area not to be developed immediately has\MO planted with a ground cover following gr ceding. Thegenerally required to irrigate the groun cover onctablished. STAON, 4860 Irvine Boulevard, Irvine, ngineer for the advised ci;at they agree with all of the recconditions. The Mayor dec red the public hearing OPEN There being no ne wishing to speak, the earing was CLOSED. MOTION - It was oved by Council Me ers Sniff/Bohnenberger to take up Ordinanc No. 172 by titl and number only and that further rea -ng be wai ed. Motion carried unanimously. ORDINANCE NO. 172 AN ORDINANCE OF THEAntroduced OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDIIAL ZONING MAP OF THE CITY BY REZONING CERTAIN PRED TO IN CHANGE OF ZONE NO. 90-053. It was moved byb s Sniff/Bohnenberger that ordinance No. 172 bon first reading. Motion carried by the foll AYES: Council embers Bohnenberger, ushworth, Sniff, Mayor na NOES: None ABSTAIN: None ABSENT: Cou cil Member Bosworth RESOLUTIOW NO. 90-42 A /RES0TION OF THE CITY COUNCIL OF THE CITY O LA QUINTA, CAA, ANNOUNCING FINDINGS, CONFIRM G THE ENNTAL ANALYSIS AND GRANTING APPROVAL OF ENTATIVE TR26016 TO ALLOW A CUSTOM HOME SUBDIVISIO ON A 5. SITE. was moved by Council Members Sniff/Bohnenberger that solution No. 90-42 be adopted. Motion carried unanimously. 2. PUBLIC HEARING ON AMENDMENT TO TITLE 2 OF THE MUNICIPAL CODE BY ADDING CHAPTER 2.65 ADOPTING AN ART IN PUBLIC_PLACES PROGRAM AND ADOPTING A DEVELOPER'S FEE AS A FUNDING MECHANISM. Mrs. Juhola advised that the Council discussed this ordinance in Study Session and reviewed the minor changes that were made in the ordinance. 174 UU6 City Council Minutes Page 3 June 5, 1990 Ms. Honeywell advised that with regard to insurance, if the art work is on City property, the City would have to determine whether or not to insure. it and what kind of coverage. Without having the art work, it's difficult to get a quote from an insurance company as to what the cost would be. If a developer purchases a piece of art and places it in an area visible to the public, then they would have to decide whether or not to insure it. Council Member Bohnenberger stated that the Council had concurred on placing a cap of $50,000 on commercial development. Council concurred. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. In response to Council Member Bohnenberger, Ms. Honeywell advised that she will redefine "low -moderate housing" for the ordinance and insert it. Council Member Bohnenberger suggested budgeting $50,000 in seed money for this program. MOTION - it was moved by Council Members Bohnenberger/Rushworth that Ordinance No. 173 be taken qp by title and number only and that further reading be waived. Motion carried unanimously. ORDINANCE NO. 173 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 2 OF THE MUNICIPAL CODE BY ADDING CHAPTER 2.65. It was moved by Council Members Bohnenberger/Rushworth that Ordinance No. 173 be introduced on first reading as amended and allocation of $50,000 for this program in 1990/91. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bosworth WRITTEN COMMUNICATIONS- None ATTACHMENT 3 Chapter 2.65 ART IN PUBLIC PLACES Sections: 2.65.010 Intent and purpose. 2.65.020 Findings. 2.65.030 Definitions. 2.65.040 Formation and Function of Art in Public Places Committee. 2.65.050 Requirement to provide Art Work or pay development fee. 2.65.060 Projects subject to Art in Public Places Program requirement. 2.65.070 Processing of Arts Application. 2.65.080 Guidelines for Art Work. 2.65.090 Development Fee. 2.65.100 Credits and Agreements with Developers. 2.65.110 Art in Public Places Fund. 2.65.120 Implementation and Administration of this Chapter. 2.65.010 Intent and purpose. This Chapter may be known and cited as the "La Quinta Art in Public Places Program." The City of La Quinta has developed a nationwide reputation through the annual La Quinta Arts Festival and other artistic events, and attracts thousands of visitors every year to view and purchase art and crafts in the City. The public health, safety and welfare, the preservation and enhancement of property values and economic vitality, as well as the popularity and prosperity of the community, are dependent upon and enhanced by visually pleasing and high quality public art. The stated goal of the Cultural Resource Element of the General Plan is to provide "enrichment of the community by adequate cultural and recreational facilities and activities." To implement this goal, the General Plan mandates the City to "provide facilities and encourage opportunities for cultural enhancement of the City of La Quinta." The General Plan further states that "the cultural resources of a city encompass those facilities and programs which refresh, enhance or re-create people's bodies and spirits". Community parks, recreational activities, historic resources, library facilities and art festivals are included in this classification. The Art in Public Places Program is intended to achieve this purpose by providing visual art throughout the City. Residential and commercial development throughout the City will benefit from public art, both financially and visually. All property within the City will prosper through the enhancement and preservation of property values that will result from the location of visual art throughout the City. As such, the cost of providing public art should be shared. This program is a means of achieving a balanced responsibility of providing a cultural enhancement. Ordinance 173 176 Therefore, the City Council declares that art work in its various physical forms displayed in public venues in the City constitute public facilities of benefit to the citizens and visitors to the City and in the interest of the public health, safety and welfare, it is the policy of the City to require the acquisition and installation of public art works as provided in this Chapter. 2.65.020 Findings. The City Council makes the following findings in connection with the adoption of this Ordinance: A. There is a reasonable relationship between the acquisition of Art work through the Art in Public Places Program and the projects on which the fees provided by this Chapter shall be imposed because (1) art work will enhance the real property values within the City generally, including the developments on which the fees will be imposed, and (2) art works will, by enhancing the aesthetic values of the City as a whole, making the City an attractive place to live and work, thereby making the City more economically vital; and B. There is a reasonable relationship between the need for cultural amenities such as art and the developments upon which the fees provided for herein shall be imposed because the development of real property generally necessitates that additional costs be incurred and amenities be provided to provide for harmonious and aesthetically pleasing environments created by the development; and C. The amount of the fee is reasonably related to the Art Works to be acquired because the amount of the fee increases as the value of the development upon which the fee is imposed rises, so there will be direct and proportionate relationship between the size of the development and the quantity or quality of Art Work, which an be purchased from the fees generated by the development upon which the fee is imposed; and D. There is a reasonable relationship between the amount of the fees and the Art Work to be purchased because the fees generated by the Art in Public Places Program will provide a wider variety of Art Works, suitable for the wide variety of developments upon which the fees shall be imposed. 2.65.030 Definitions. As used in this Chapter: A. "Arts Application" means the application to be submitted by a Project Applicant pursuant to Section 2.65.070 hereof. B. "Art in Public Places Fund" means the fund established by Section 2.65.110 hereof. C. "Art Site" means any site, upon which an Art Work is to be located, on public or private property within the City which is accessible and visible to the general public. 1!7 Ordinance 173 D. "Art Work" means the original creations of art including, but not limited to, the following categories: sculpture, murals, mosaics, fountains, and paving designs. These categories may be realized through such media as steel, bronze, stained glass, concrete, wood, ceramic tile and stone, as well as other suitable materials. E. "Fee" or "Fees" means the fees imposed by the Chapter. F. "Project" means any project described in Section 2.65.060 hereof as being subject to the terms of Section 2.65.050. G. "Project Cost" means the total value of the improvements for a Project based upon the building permit valuation submitted for the Project. 2.65.040 Formation and Function of the "Art in Public Places Committee". A. Committee Composition and Selection. The City Council hereby establishes an "Art in Public Places Committee" (the "Committee") composed of three members of the Fine Arts subcommittee of the Community Services Commission, and one City staff member. The Committee will be composed of five members. The Committee will be a standing committee appointed by the City Council. The Committee will submit to the City Council a recommendation for ratification of public art to be financed by the "Art in Public Places Program" and carry out the other functions described herein. B. Term of Committee. The Committee members will serve for staggered two year terms beginning on July 1 of every other year, commencing July 1,1990. Initially, two members will serve two year terms, one for three years and two for one year. C. Committee Functions. The primary function of the Committee will be to prepare an "Art in Public Places Plan" for recommendation by the City Council and the implementation of such Plan by the City Council. To the extent possible, the Plan shall identify Art Sites, Art Work, and estimates of cost for the Art Work and Art Sites. In the implementation of the Plan, the Committee shall undertake the following tasks: 1. The Committee will be responsible for selecting Art Works to be financed by the Art in Public Places Program, using the guidelines for selection as provided for in Section 2.65.080 hereof. 2. The Committee will work with City staff to develop a list of possible Art Sites. 3. The Committee will seek ways of procuring public art other than through fees, such as endowments, donations, loan programs, trusts, and similar means of support. Ordinance 173 4. The Committee will recommend to the City Council agreements for the purchase of commissioning of Art Works, the purchase or lease of Art Sites, and agreements for the purchase and display of Art Work, or the repair, maintenance or servicing of Art Work. 5. The Committee will meet monthly and will elect officers at its first meeting in July. Officers of the Committee will consist of the Chairperson and Vice Chairperson. The Committee may adopt bylaws relating to the implementation of their work under this Chapter. 2.65.050 Requirements to Provide Art Work or Pay Development Fee. When a Project is subject to the requirements of this Chapter pursuant to Section 2.65.060, the Project Applicant shall pay a development fee, as described in (A) below, or shall comply with the provisions of subsection (B). Project Applicants shall indicate on their Art in Public Places Application whether the Project Applicant will comply with subsections (A) or (B) hereof. A. Development Fees. The Project Applicants shall pay a fee to be deposited in the Art in Public Places Fund established pursuant to Section 2.65.110 equal to the amount provided in Section 2.65.090 hereof for the Project. B. Provision of Art Work. In lieu of paying the development fee as required by (A) above, the Project Applicant may acquire and install an Art Work on an Art Site on or in the vicinity of the Project Site pursuant to Section 2.65.100 of this Chapter. As a guide, the cost or value of such Art Work should approximate the amount of fee that would be paid under subsection (A). The Project Applicant shall receive credit for the fee required by subsection (A) only in the actual amount of the cost of value of Art Work acquired and installed, plus costs of installation. Only Project Applicants liable for a fee pursuant to subsection (A) above that is in excess of $5,000 shall be permitted to elect to provide an Art Work pursuant to this subsection (B), unless such Project Applicant proposed to furnish Art Work in excess in the amount of such fee and in a minimum amount of $5,000. 2.65.060 Projects Subject to Art in Public Places Program Requirements. A. Requirements. The requirements of this Chapter shall apply to all "Projects," which shall be defined for purposes of this Chapter to be all works of construction or rehabilitation within the City which constitute or include the following activities and which are not subject to the exceptions set forth in (B) below: 1. New commercial or industrial developments having Project Costs which exceed one hundred thousand dollars ($100,000); 2. Remodeling, repair or reconstruction of existing commercial or industrial property having Project Costs which exceed one hundred thousand dollars ($100,000) in expenditures; 179 Ordinance 173 U1 3. Residential subdivisions or development of two units or more, whether by detached single family residential structures, condominiums, apartments, townhouses or other dwelling units, including the repair, remodeling or renovation of same, having Project Costs exceeding one hundred thousand dollars ($100,000); 4. Individual residential units (hereby defined as not more than one single family dwelling which is to be constructed on an individual lot or parcel) having Project Costs of more than $100,000. B. Exceptions. The requirements of this Chapter shall not apply to the following activities: 1. Public projects. 2. Remodeling, repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity. 3. Nonprofit social service or cultural institution projects. 4. Low to moderate housing projects as defined by household income in Health and Safety Code Section 50093. 2.65.070 Processing of Arts Application. The requirements and procedures for the processing of an Art in Public Places Application (an "Arts Application") shall be as follows: A. Upon submission of a project application for a Project subject to the requirements of this Chapter, the Department of Planning and Development shall provide to the Proj ect Applicant a copy of the Ordinance codified in this Chapter and an Arts Application form. B. The Project Applicant shall submit to the Department of Planning and Development a completed Arts Application form, describing the manner in which the Project Applicant intends to meet the requirements of Section 2.65.040 (B), a complete description of the Art Work, the artist creating the Art Work and installation, the requirements of Section 2.65.100 hereof, and a site plan showing the location of Art Work, complete with landscaping, lighting and other appropriate accessories to complement and protect the Art Work. C. The Department of Planning and Development shall, upon receipt of the Arts Application, submit the Arts Application to the Committee. D. The Committee shall, within thirty days from the date of submittal of the application by the Department of Planning and Development, submit to the City Council comments and a recommendation on the proposed Arts Application based upon the guidelines set forth in Section 2.65.080 hereof. Ordinance 173 180 U12 2.65.080 Regulations for Art Work. A. Guidelines. Guidelines for the approval of Art Work shall include, but are not limited to, the following criteria: 1. The Art Work shall be easily visible and accessible to the public. 2. The composition of the Art Work shall be of appropriate materials in order to be durable against vandalism, theft and weather, and in order to require a low level of maintenance. The review may consider the proposed location of the Art Work. 3. The Art Work shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the Art Site and surrounding environment. 4. The Art Work shall be designed and constructed by persons experienced in the production of such Art Work and recognized by critics and by his or her peers as one who produces works of art. 5. The Art Work shall be appropriately affixed to its site or display. B. Limitations. The following items are not to be considered as Art Works: 1. Art objects which are mass produced from a standard design. 2. Reproductions of original art works. 3. Decorative, ornamental or functional elements which are designed by a building architect as opposed to an artist commissioned for the purpose of creating the Art Work. 4. Landscape architecture and landscape gardening except where these elements are designed or approved by the artist and are an integral part of the Art Work as created by the artist. 5. Services or utilities necessary to operate or maintain the Art Work. C. Use and Maintenance of Art Work. Art Work acquired by expenditures from the Art in Public Places Fund shall be the property of and maintained by the City. The City may dispose of such Art Work at its discretion, subject to any agreement with artists or otherwise relating to any . specific Art Work. The Art Work acquired and installed by a Project Applicant for which credit for the fee required by Section 2.65.040 hereof is given pursuant to Section 2.65.100 of this Chapter shall be the property of and maintained by the Project Applicant, except to the extent the City has rights in or to the Art Work or the display thereof pursuant to the agreement with the Project Applicant entered into pursuant to Section 2.65.100 hereof. Alternatively, Art Work acquired by the Project Applicant in lieu of the Fee may be donated to the City to be maintained by the City. 181 Ordinance 173 2.65.090. Development Fee. There will be, and there is hereby, established an Art in Public Places Fee (herein referred to occasionally as the "Fee" or "Fees") to be collected as follows: A. Fees are to be collected with respect to all Projects prior to or at the time of issuance of a building permit, except in the case of residential developments or more than one dwelling unit, where the fee shall be collected on a pro rata basis for each dwelling when it receive its final inspection or certificate of occupancy, whichever occurs first. The Director of Planning and Development, or other such person appointed by him/her, is hereby appointed as the authorized individual to collect such Fees. B. All residential structures whose Project Costs is in excess of $100,000 will be charged a Fee hereunder equal to the greater of (i) 1/4 of 1% for that portion of Project Cost in excess of $100,000; or (ii) Twenty Dollars ($20.00). C. All commercial developments, industrial developments and non-residential development within the City will be charged a Fee hereunder equal to the greater of (i) '/2 of 1 % of the Project Cost; or (ii) Twenty Dollars ($20.00); said Fee not to exceed $50,000. D. Said Fees will be collected prior to the issuance of any building permit commencing on the date of this Ordinance become effective. 2.65.100 Credits, Agreements as to Particular Projects. A. A Project Applicant may apply for a credit against the Fee otherwise required to be paid by the Project Applicant under Section 2.65.050 hereof, of one hundred percent (100%) of the cost of an Art Work and costs of installation for including an Art Work in an Art Site subject to this Chapter, provided that such work shall be approved by the Committee, and the Project Applicant shall enter into a written agreement with the City providing that the Art Work shall be installed, maintained and open to the public view at reasonable hours for a minimum period of 25 years after installation. The written agreement may be extended by the City for 10 year increments. B. Nothing herein shall restrict the City Council from waiving the requirements of this Chapter, in whole or in part, with respect to any Project otherwise subject to the provisions of this Chapter, provided that the City Council determines that the Project Applicant has entered into an agreement with the city making provision for the acquisition and installation of Art Works in connection with the development of the Project which addresses the goals and aims of this Chapter in a manner equally favorable to or on a basis more favorable to the City than would be achieved by strict compliance with this Chapter. 2.65.110. Art in Public Places Fund. A. Accounting. The Fees imposed pursuant to Section 2.65.090 of this Chapter and any other monies collected in accordance with provisions of this Chapter shall be deposited in a separate account, entitled the "Art in Public Places Fund". The City Manager, or his/her designee shall establish accounting records sufficient to identify and control these funds. Ordinance 173 p "- U14 The amounts held in the Art in Public Places Fund shall otherwise be accounted for, deposited, invested and expensed as provided by law and the practices and policies of the City. The account containing these funds may be invested along with other moneys of the City and the investment earnings thereon shall be used for and be subject to the same restrictions established in subsection (B)• B. Use of Fund. Expenditures of the Fees collected in the Art in Public Places Fund may include the following: 1. The cost of Art Work and its installation. 2. The cost of purchase or lease of Art Sites. 3. Water works, landscaping, lighting and other objects which are an integral part of the Art Work. 4. Frames, mats, pedestals, and other objects necessary for the proper presentation of the Art Work. 5. Walls, pools, landscaping, or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the Art Work. 6. Expenditures for maintenance and repair of Art Work. 7. Administrative expenses to otherwise implement any provision of this Chapter, however, in no event shall said administrative expenses exceed 5% of the total funds in said account on July 1 of any year nor $25,000 in any fiscal year. D. Endowments. The Art in Public Places Fund shall also be used as a depository for endowments, bequests, grants or donations. Such sums may be expensed as set forth in subsection (B) above and for art exhibitions or displays as approved by the City Council. E. Replacement. For those Art Works that have been purchased with monies from the Art in Public Places Fund or donated to the City, the City may determine to sell or exchange existing Art Works for replacement Art Works. Any funds obtained from the sale of Art Work shall be credited to the Art in Public Places Fund. Art Work owned privately and on display by In -Lieu Agreement may be exchanged with City Council approval or the original Fee paid to the Art in Public Places Fund. F. Reimbursement. In the event Fees have not been committed for a use as specified in subsection (B) above within two years of their collection, said Fees in the Art in Public Places Fund shall be distributed by the Director of Planning and Development to the person or entity who has paid the Fees or in any other manner permitted by law. 183 Ordinance 173 _ �1 2.65.120 Implementation and Administration of this Chapter. The City may enter into agreements, upon recommendation of the Committee or otherwise, for the purchase or commissioning of Art Works, the purchase and lease of Art Works on Art Sites, for insuring Art Works, for the display of Art Works on Art Sites not owned by the City, for installation of Art Works or the repair, maintenance or servicing thereof and for or relating to all other matter necessary or appropriate to implement the Art in Public Places Program. RM Ordinance 173 Chester 2.65 ART IN PUBLIC PLACES Sections: ATTACHMENT 4 2.65.010 Intent and purpose. 2.65.020 Findings. 2.65.030 Definitions. 2.65.040 Formation and Function of Art in Public Places Committee. 2.65.050 Requirement to provide Art Work or pay development fee. 2.65.060 Projects subject to Art in Public Places Program requirement. 2.65.070 Processing of Arts Application. 2.65.080 Guidelines for Art Work. 2.65.090 Development Fee. 2.65.100 Credits and Agreements with Developers. 2.65.110 Art in Public Places Fund. 2.65.120 Implementation and Administration of this Chapter. 2.65.010 Intent and purpose. This Chapter may be known and cited as the "La Quinta Art in Public Places Program." The City of La Quinta has developed a nationwide reputation through the annual La Quinta Arts Festival and other artistic events, and attracts thousands of visitors every year to view and purchase art and crafts in the City. The public health, safety and welfare, the preservation and enhancement of property values and economic vitality, as well as the popularity and prosperity of the community, are dependent upon and enhanced by visually pleasing and high quality public art. The stated goal of the Cultural Resource Element of the General Plan is to provide "enrichment of the community by adequate cultural and recreational facilities and activities." To implement this goal, the General Plan mandates the City to "provide facilities and encourage opportunities for cultural enhancement of the City of La Quinta." The General Plan further states that "the cultural resources of a city encompass those facilities and programs which refresh, enhance or re-create people's bodies and spirits". Community parks, recreational activities; historic resources, library facilities and art festivals are included in this classification. The Art in Public Places Program is intended to achieve this purpose by providing visual art throughout the City. Residential and commercial development throughout the City will benefit from public art, both financially and visually. All property within the City will prosper through the enhancement and preservation of property values that will result from the location of visual art throughout the City. As such, the cost of providing public art should be shared. This program is a means of achieving a balanced responsibility of providing a cultural enhancement. Ordinance 203 185 u 1'7 Therefore, the City Council declares that art work in its various physical forms displayed in public venues in the City constitute public facilities of benefit to the citizens and visitors to the City and in the interest of the public health, safety and welfare, it is the policy of the City to require the acquisition and installation of public art works as provided in this Chapter. 2.65.020 Findings. The City Council makes the following findings in connection with the adoption of this Ordinance: A. There is a reasonable relationship between the acquisition of Art work through the Art in Public Places Program and the projects on which the fees provided by this Chapter shall be imposed because (1) art work will enhance the real property values within the City generally, including the developments on which the fees will be imposed, and (2) art works will, by enhancing the aesthetic values of the City as a whole, making the City an attractive place to live and work, thereby making the City more economically vital; and B. There is a reasonable relationship between the need for cultural amenities such as art and the developments upon which the fees provided for herein shall be imposed because the development of real property generally necessitates that additional costs be incurred and amenities be provided to provide for harmonious and aesthetically pleasing environments created by the development; and C. The amount of the fee is reasonably related to the Art Works to be acquired because the amount of the fee increases as the value of the development upon which the fee is imposed rises, so there will be direct and proportionate relationship between the size of the development and the quantity or quality of Art Work, which an be purchased from the fees generated by the development upon which the fee is imposed; and D. There is a reasonable relationship between the amount of the fees and the Art Work to be purchased because the fees generated by the Art in Public Places Program will provide a wider variety of Art Works, suitable for the wide variety of developments upon which the fees shall be imposed. 2.65.030 Definitions. As used in this Chapter: A. "Arts Application" means the application to be submitted by a Project Applicant pursuant to Section 2.65.070 hereof. B. "Art in Public Places Fund" means the fund established by Section 2.65.110 hereof. C. "Art Site" means any site, upon which an Art Work is to be located, on public or private property within the City which is accessible and visible to the general public. 186 Ordinance 203 D. "Art Work" means the original creations of art including, but not limited to, the following categories: sculpture, murals, mosaics, fountains, and paving designs. These categories may be realized through such media as steel, bronze, stained glass, concrete, wood, ceramic tile and stone, as well as other suitable materials. E. "Fee" or "Fees" means the fees imposed by the Chapter. F. "Project" means the terms of 'Slection 2.65.056 G. "Project Cost" means the total value of the improvements for a Project based upon the building permit valuation submitted:for the Project-. 2.65.040 Formation and Function of the "Art in Public Places Committee". A. Committee Composition and Selection. The City Council hereby establishes an "Art in Public Places Committee" (the "Committee") composed of three members of the Fine Arts subcommittee of the Community Services Commission, and one City staff member. The Committee will be composed of five members. The Committee will be a standing committee appointed by the City Council. The Committee will submit to the City Council a recommendation for ratification of public art to be financed by the "Art in Public Places Program" and carry out the other functions described herein. B. Term of Committee. The Committee members will serve for staggered two year terms beginning on July 1 of every other year, commencing July 1, 1990. Initially, two members will serve two year terms, one for three years and two for one year. C. Committee Functions. The primary function of the Committee will be to prepare an "Art in Public Places Plan" for recommendation by the City Council and the implementation of such Plan by the City Council. To the extent possible, the Plan shall identify Art Sites, Art Work, and estimates of cost for the Art Work and Art Sites. In the implementation of the Plan, the Committee shall undertake the following tasks: 1. The Committee will be responsible for selecting Art Works to be financed by the Art in Public Places Program, using the guidelines for selection as provided for in Section 2.65.080 hereof. 2. The Committee will work with City staff to develop a list of possible Art Sites. 3. The Committee will seek ways of procuring public art other than through fees, such as endowments, donations, loan programs, trusts, and similar means of support. Ordinance 203 U10 187 4. The Committee will recommend to the City Council agreements for the purchase of commissioning of Art Works, the purchase or lease of Art Sites, and agreements for the purchase and display of Art Work, or the repair, maintenance or servicing of Art Work. 5. The Committee will meet monthly and will elect officers at its first meeting in July. Officers of the Committee will consist of the Chairperson and Vice Chairperson. The Committee may adopt bylaws relating to the implementation of their work under this Chapter. 2.65.050 Requirements to Provide Art Work or Pay Development Fee. When a Project is subject to the requirements of this Chapter pursuant to Section 2.65.060, the Project Applicant shall pay a development fee, as described in (A) below, or shall comply with the provisions of subsection (B). Project Applicants shall indicate on their Art in Public Places Application whether the Project Applicant will comply with subsections (A) or (B) hereof. A. Development Fees. The Project Applicants shall pay a fee to be deposited in the Art in Public Places Fund established pursuant to Section 2.65.110 equal to the amount provided in Section 2.65.090 hereof for the Project. B. Provision of Art Work. In lieu of paying the development fee as required by (A) above, the Project Applicant may acquire and install an Art Work on an Art Site on or in the vicinity of the Project Site pursuant to Section 2.65.100 of this Chapter. As a guide, the cost or value of such Art Work should approximate the amount of fee that would be paid under subsection (A). The Project Applicant shall receive credit for the fee required by subsection (A) only in the actual amount of the cost of value of Art Work acquired and installed, plus costs of installation. Only Project Applicants liable for a fee pursuant to subsection (A) above that is in excess of $5,000 shall be permitted to elect to provide an Art Work pursuant to this subsection (B), unless such Project Applicant proposed to furnish Art Work in excess in the amount of such fee and in a minimum amount of $5,000. 2.65.060 Projects Subject to Art in Public Places Program Requirements. A. Requirements. The requirements of this Chapter shall apply to all " ," LV works of construction or rehabilitation `sr, within the City which constitute or include the following activities and which are not subject to the exceptions set forth in Ul�ftp(B) 6 • • • _ • �l N1U�R�1 RR.7�ril%��l��EW LVIWJM �1�A WKWAa IN]IM ft%-1�1�1I • • ... �����ti�����i��iK����i�t��.T.��i.a�►�.���nin������wTAWAT1�.rcf�ln�®ins rsi 2. Remodeling, repair or reconstruction of existing commercial or industrial property having Project Costs which exceed one hundred thousand dollars ($100,000) in expenditures; Ordinance 203 188 020 3. Residential subdivisions or development of two units or more, whether by detached single family residential structures, condominiums, apartments, townhouses or other dwelling units, including the repair, remodeling or renovation of same, having Project Costs exceeding one hundred thousand dollars ($100,000); 4. Individual residential units (hereby defined as not more than one single family dwelling which is to be constructed on an individual lot or parcel) having Project Costs of more than $100,000. B. Exceptions. The requirements of this Chapter shall not apply to the following activities: 1. Public projects. 2. Remodeling, repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity. 3. Nonprofit social service or cultural institution projects. 4. Low to moderate housing projects as defined by household income in Health and Safety Code Section 50093. 2.65.070 Processing of Arts Application. The requirements and procedures for the processing of an Art in Public Places Application (an "Arts Application") shall be as follows: A. Upon submission of a project application for a Project subject to the requirements of this Chapter, the Department of Planning and Development shall provide to the Project Applicant a copy of the Ordinance codified in this Chapter and an Arts Application form. B. The Project Applicant shall submit to the Department of Planning and Development a completed Arts Application form, describing the manner in which the Project Applicant intends to meet the requirements of Section 2.65.040 (B), a complete description of the Art Work, the artist creating the Art Work and installation, the requirements of Section 2.65.100 hereof, and a site plan showing the location of Art Work, complete with landscaping, lighting and other appropriate accessories to complement and protect the Art Work. C. The Department of Planning and Development shall, upon receipt of the Arts Application, submit the Arts Application to the Committee. D. The Committee shall, within thirty days from the date of submittal of the application by the Department of Planning and Development, submit to the City Council comments and a recommendation on the proposed Arts Application based upon the guidelines set forth in Section 2.65.080 hereof. Ordinance 203 u21 2.65.080 Regulations for Art Work. A. Guidelines. Guidelines for the approval of Art Work shall include, but are not limited to, the following criteria: 1. The Art Work shall be easily visible and accessible to the public. 2. The composition of the Art Work shall be of appropriate materials in order to be durable against vandalism, theft and weather, and in order to require a low level of maintenance. The review may consider the proposed location of the Art Work. 3. The Art Work shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the Art Site and surrounding environment. 4. The Art Work shall be designed and constructed by persons experienced in the production of such Art Work and recognized by critics and by his or her peers as one who produces works of art. 5. The Art Work shall be appropriately affixed to its site or display. B. Limitations. The following items are not to be considered as Art Works: 1. Art objects which are mass produced from a standard design. 2. Reproductions of original art works. 3. Decorative, ornamental or functional elements which are designed by a building architect as opposed to an artist commissioned for the purpose of creating the Art Work. 4. Landscape architecture and landscape gardening except where these elements are designed or approved by the artist and are an integral part of the Art Work as created by the artist. 5. Services or utilities necessary to operate or maintain the Art Work. C. Use and Maintenance of Art Work. Art Work acquired by expenditures from the Art in Public Places Fund shall be the property of and maintained by the City. The City may dispose of such Art Work at its discretion, subject to any agreement with artists or otherwise relating to any specific Art Work. The Art Work acquired and installed by a Project Applicant for which credit for the fee required by Section 2.65.040 hereof is given pursuant to Section 2.65.100 of this Chapter shall be the property of and maintained by the Project Applicant, except to the extent the City has rights in or to the Art Work or the display thereof pursuant to the agreement with the Project Applicant entered into pursuant to Section 2.65.100 hereof. Alternatively, Art Work acquired by the Project Applicant in lieu of the Fee may be donated to the City to be maintained by the City. Ordinance 203 190 2.65.090. Development Fee. There will be, and there is hereby, established an Art in Public Places Fee (herein referred to occasionally as the "Fee" or "Fees") to be collected as follows: A. Fees are to be collected with respect to all Projects prior to or at the time of issuance of a building permit, except in the case of residential developments or more than one dwelling unit, where the fee shall be collected on a pro rata basis for each dwelling when it receive its final inspection or certificate of occupancy, whichever occurs first. The Director of Planning and Development, or other such person appointed by him/her, is hereby appointed as the authorized individual to collect such Fees. B. All residential structures whose Project Costs is in excess of $100,000 will be charged a Fee hereunder equal to the greater of (i) 1/4 of 1% for that portion of Project Cost in excess of $100,000; or (ii) Twenty Dollars ($20.00). C. All commercial developments, industrial developments and non-residential development within the City will be charged a Fee hereunder equal to the greater of (i) 1/2 of 1% of the Project Cost; or (ii) Twenty Dollars ($20.00); said Fee not to exceed $50,000. D. Said Fees will be collected prior to the issuance of any building permit commencing on the date of this Ordinance become effective. 2.65.100 Credits; Agreements as to Particular Projects. A. A Project Applicant may apply for a credit against the Fee otherwise required to be paid by the Project Applicant under Section 2.65.050 hereof, of one hundred percent (100%) of the cost of an Art Work and costs of installation for including an Art Work in an Art Site subject to this Chapter, provided that such work shall be approved by the Committee, and the Project Applicant shall enter into a written agreement with the City providing that the Art Work shall be installed, maintained and open to the public view at reasonable hours for a minimum period of 25 years after installation. The written agreement may be extended by the City for 10 year increments. B. Nothing herein shall restrict the City Council from waiving the requirements of this Chapter, in whole or in part, with respect to any Project otherwise subject to the provisions of this Chapter, provided that the City Council determines that the Project Applicant has entered into an agreement with the city making provision for the acquisition and installation of Art Works in connection with the development of the Project which addresses the goals and aims of this Chapter in a manner equally favorable to or on a basis more favorable to the City than would be achieved by strict compliance with this Chapter. 2.65.110. Art in Public Places Fund. A. Accounting. The Fees imposed pursuant to Section 2.65.090 of this Chapter and any other monies collected in accordance with provisions of this Chapter shall be deposited in a separate account, entitled the "Art in Public Places Fund". The City Manager, or his/her designee shall establish accounting records sufficient to identify and control these funds. 191 Ordinance 203 , ; The amounts held in the Art in Public Places Fund shall otherwise be accounted for, deposited, invested and expensed as provided by law and the practices and policies of the City. The account containing these funds may be invested along with other moneys of the City and the investment earnings thereon shall be used for and be subject to the same restrictions established in subsection (B)• B. Use of Fund. Expenditures of the Fees collected in the Art in Public Places Fund may include the following: 1. The cost of Art Work and its installation. 2. The cost of purchase or lease of Art Sites. 3. Water works, landscaping, lighting and other objects which are an integral part of the Art Work. 4. Frames, mats, pedestals, and other objects necessary for the proper presentation of the Art Work. 5. Walls, pools, landscaping, or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the Art Work. 6. Expenditures for maintenance and repair of Art Work. 7. Administrative expenses to otherwise implement any provision of this Chapter, however, in no event shall said administrative expenses exceed 5% of the total funds in said account on July 1 of any year nor $25,000 in any fiscal year. D. Endowments. The Art in Public Places Fund shall also be used as a depository for endowments, bequests, grants or donations. Such sums may be expensed as set forth in subsection (B) above and for art exhibitions or displays as approved by the City Council. E. Replacement. For those Art Works that have been purchased with monies from the Art in Public Places Fund or donated to the City, the City may determine to sell or exchange existing Art Works for replacement Art Works. Any funds obtained from the sale of Art Work shall be credited to the Art in Public Places Fund. Art Work owned privately and on display by In -Lieu Agreement may be exchanged with City Council approval or the original Fee paid to the Art in Public Places Fund. F. Reimbursement. In the event Fees have not been committed for a use as specified in subsection (B) above within two years of their collection, said Fees in the Art in Public Places Fund shall be distributed by the Director of Planning and Development to the person or entity who has paid the Fees or in any other manner permitted by law. Ordinance 203 F4 lam. 2.65.120 Implementation and Administration of this Chapter. The City may enter into agreements, upon recommendation of the Committee or otherwise, for the purchase or commissioning of Art Works, the purchase and lease of Art Works on Art Sites, for insuring Art Works, for the display of Art Works on Art Sites not owned by the City, for installation of Art Works or the repair, maintenance or servicing thereof and for or relating to all other matter necessary or appropriate to implement the Art in Public Places Program. 193 Ordinance 203 ATTACHMENT 5 Chapter 2.65 ART IN PUBLIC PLACES Sections: 2.65.010 Intent and purpose. 2.65.020 Findings. 2.65.030 Definitions. 2.65.040 Formation and Function of Art in Public Places Committee. 2.65.050 Requirement to provide Art Work or pay development fee. 2.65.060 Projects subject to Art in Public Places Program requirement. 2.65.070 Processing of Arts Application. 2.65.080 E-aidefines nfor Art Work. 2.65.090 Development Fee. 2.65.100 r Credits wid4i Agreements with Developen.I � 0Vq#;p1 2.65.110 Art in Public Places Fund. 2.65.120 Implementation and Administration of this Chapter. 2.65 010 Intent and purpose. A. This Chapter may be known and cited as the "La Quinta Art in Public Places Program." The City of La Quinta has developed a nationwide reputation through the annual La Quinta Arts Festival and other artistic events, and attracts thousands of visitors every year to view and purchase art and crafts in the City. The public health, safety and welfare, the preservation and enhancement of property values and economic vitality, as well as the popularity and prosperity of the community, are dependent upon and enhanced by visually pleasing and high quality public art. . The stated goal of the Cultural Resource Element of the General Plan is to provide "enrichment of the community by adequate cultural and recreational facilities and activities." To implement this goal, the 6enerai Pimi mandates the eity to "provide opportunities for ettit=a! erfh=eement of the eity of ha Quinta." Th General Plan further states that "the cultural resources of a city encompass those facilities and programs which refresh, enhance or re-create people's bodies and spirits". Community parks, recreational activities, historic resources, library facilities and art festivals are included in this classification. The Art in Public Places Program is intended to achieve this purpose by providing visual art throughout the City. 6. Residential and commercial development throughout the City will benefit from public art, both financially and visually. All property within the City will prosper through the enhancement and preservation of property values that will result from the location of visual art throughout the City. As such, the cost of providing public art should be shared. This program is a means of achieving a balanced responsibility of providing a cultural enhancement. Ordinance 277 194 l'. Therefore, the City Council declares that art work in its various physical forms displayed in public venues in the City constitute public facilities of benefit to the citizens and visitors to the City and in the interest of the public health, safety and welfare, it is the policy of the City to require }the acquisition and installation of public art works as provided in this Chapter. €� 2.65.020 Findings The City Council makes the following findings in connection with the adoption of this -Ordinance A. There is a reasonable relationship between the acquisition of Art work through the Art in Public Places Program and the projects on which the fees provided by this Chapter shall be imposed because: (1 ) Art work will enhance the real property values within the City generally, including the developments on which the fees will be imposed, and - f 2j Art works will, by enhancing the aesthetic values of the City as a whole, making the City an attractive place to live and work, thereby making the City more economically vital; and B. There is a reasonable relationship between the need for cultural amenities such as art and the developments upon which the fees provided for herein shall be imposed because the development of real property generally necessitates that additional costs be incurred and amenities be provided to provide for harmonious and aesthetically pleasing environments created by the development; and C. The amount of the fee is reasonably related to the Art Works to be acquired because the amount of the fee increases as the value of the development upon which the fee is imposed rises, so there will be direct and proportionate relationship between the size of the development and the quantity or quality of Art Work, which an be purchased from the fees generated by the development upon which the fee is imposed, and . z 1 n 1°(part), 1990 2.65.030 Definitions. As used in this Chapter: A. "Arts Application" means the application to be submitted by a Project Applicant pursuant to Section 2.65.070 hereof B. "Art in Public Places Fund" means the fund established by Section Ordinance 277 195 V �. i 2.65.110 hereof C. "Art Site" means any site, upon which an Art Work is to be located, on public or private property within the City which is accessible and visible to the general public. D. "Art Work" means the original creations of art including, but not limited to, the following categories: sculpture, murals, mosaics, fountains, and paving designs. These categories may be realized through such media as steel, bronze, stained glass, concrete, wood, ceramic tile and stone, as well as other suitable materials. E. "Fee" or "Fees" means the fees imposed by the Chapter. F. "Project" means all construction or rehabilitation in the City covered by a single building permit. G. "Project Cost" means the value of the improvements for a Project based upon the building permit valuation submitted. 2.65.040 Formation and Function of the "Art in Public Places Epee A. T. Composition and Selection. The City Council hereby establishes an "Art in Public Places Commission" (the "Commission") composed of three members of the"Fine Arts The Commission will be composed offive4A` r. . members. The Commission will be a standing eommissio co ,. appointed by the City Council. 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" and carry out the other functions described herein.''Y` , ek . W B. Term of Commission. The Commission members will serve for staggered two year terms beginning on July 1 of every other year, commencing July 1,1990. Initially, two members will serve two year terms, one for three years and two for one year. C. Commission Functions. The primary function of the Commission will be to prepare an "Art in Public Places Plan" for recommendation op 'on- by the City Council and the implementation of such Plan by the City Council. To the extent possible, the Plan shall identify Art Sites, Art Work, and estimates of cost for the Art Work and Art Sites. In the implementation of the Plan, the Commission shall undertake the following tasks: 1. The Commission will be responsible for selecting Art Works to be financed by the Art in Public Places Program, using the guidelines for selection as provided for in Section 2.65.080 Ordinance 277 U411fi 2. The Commission will work with City staff to develop a list of possible Art Sites. 3. The Commission will seek ways of procuring public art other than through fees, such as endowments, donations, loan programs, trusts, and similar means of support. 4. The Commission will recommend to the City Council agreements for the purchase of commissioning of Art Works, the purchase or lease of Art Sites, and agreements for the purchase and display of Art Work, or the repair, maintenance or servicing of Art Work. 5. The Commission will meet monthly and will elect officers at its first meeting in July. Officers of the Commission will consist of the Chairperson and Vice Chairperson. The Commission may adopt bylaws relatiniz to the implementation of their work under this Chapter. A. Development Fees. The Project Applicants shall pay a fee to be deposited in the Art in Public Places Fund establishedyursuant to Section 2.65.110 equal to the amount provided in Section 2.65.090 herf N for the Project. B. Provision of Art Work. In lieu of paying the development fee as required by ` bANN (A) above, o the Project Applicant may acquire and install an Art Work on an Art Site on or in the vicinity of the Project Site pursuant to Section 2.65.100 of this Chapter. Asa guide, the cost or value of such Art Work should approximate the amount of fee that would be paid under subsection A , The Project Applicant shall receive credit for the fee required b ( ) � ,,� J Pp q y subsection (A) only in the actual amount of the cost of value of Art Work acquired and installed, plus costs of installation. Only Project Applicants liable for a fee pursuant to err.... ..� subsection (A) s ipxl abase that is in excess of $5,000 shall be permitted to elect to provide an Art Work pursuant to this subsection (B)-, unless such Project Applicant proposed to furnish Art Work in excess in the amount of such fee and in a minimum amount of $5,000. ( y 17, e tion 2.65.060 Projects Subject to Art in Public Places Program Requirements. A. Requirements. The requirements of this Chapter shall apply to all works of Ordinance 277 197 construction or rehabilitation for which a building permit is applied for within the City which constitute or include the following activities and which are not subject to the exceptions set forth in Subsection (B) of this Section; 1. New commercial or industrial construction. 2. Remodeling, repair or reconstruction of existing commercial or industrial property having Project Costs which exceed one hundred thousand dollars ($100,000) in expenditures; 3. Residential subdivisions or development of two units or more, whether by detached single family residential structures, condominiums, apartments, townhouses or other dwelling units, including the repair, remodeling or renovation of same, having Project Costs exceeding one hundred thousand dollars ($100,000); 4. Individual residential units (hereby defined as not more than one single family dwelling which is to be constructed on an individual lot or parcel) having Project Costs of more than $100,000. B. Exceptions. The requirements of this Chapter shall not apply to the following activities: 1. Public projects. 2. Remodeling, repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity. 3. Nonprofit social service or cultural institution projects. 4. Low to moderate housing proiects as defined by household income in Health and Safety Code Section 50093 2.65.070 Processing of Arts Application. The requirements and procedures for the processing of an Art in Public Places Application (an "Arts Application") shall be as follows: A. Upon submission of a project application for a Project subject to the requirements of this Chapter, the Department of Planning and Developmen Go'' „ ypevelop?_ nt shall provide to the Project Applicant a copy of the Ordinance codified in this Chapter and an Arts Application form. B. The Project Applicant shall submit to the Community Development Department a ioni let;. Arts Application form, describing the manner in which the Project Applicant intends to sz,.._....,. Ordinance 277 198 U 3 0 ' ''' eet the requirements of Section 2 65 040 (B), a complete description of the Art W the artist creatins the Art Work` y and installation, t��:�et oar the requirements of Section 2.65.100 hereo of t and a site plan showing the location of Art Work, complete with landscaping, lighting and other appropriate accessories to complement and protect the Art Work. C. The Community Development Department shall, upon receipt of the Arts Application, submit the Arts Application to the Commission. D. The Commission shall, within thirty days from the date of submittal of the application by the Community Development Department, submit to the City Council comments and a recommendation on the proposed Arts Application based upon the guidelines set forth in Section 2.65.080 hereof. 2.65.080 Regulations for Art Work. A. Guidelines. Guidelines for the approval of Art Work shall include, but are not limited to, the following criteria: 1. The Art Work shall be easily visible and accessible to the public. 2. The composition of the Art Work shall be of appropriate materials in order to be durable against vandalism, theft and weather, and in order to require a low level of maintenance. The review may consider the proposed location of the Art Work. 3. The Art Work shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the Art Site and surrounding environment. 4. The Art Work shall be designed and constructed by persons experienced in the production of such Art Work and recognized by critics and by his or her peers as one who produces works of art. 5. The Art Work shall be appropriately affixed to its site or display. B. Limitations. The following items are not to be considered as Art Works: 1. Art objects which are mass produced from a standard design. 2. Reproductions of original Art Works. Ordinance 277 U .1 P .l 3. Decorative, ornamental or functional elements which are designed by a building architect as opposed to an artist commissioned for the purpose of creating the Art Work. 4. Landscape architecture and landscape gardening except where these elements are designed or approved by the artist and are an integral part of the Art Work as created by the artist. 5. Services or utilities necessary to operate or maintain the Art Work. C. Use and Maintenance of Art Work. Art Work acquired by expenditures from the Art in Public Places Fund shall be the property of and maintained by the City. The City may dispose of such Art Work at its discretion, subject to any agreement with artists or otherwise relating to any specific Art Work. The Art Work acquired and installed by a Project Applicant for which credit for the fee required by Section 2.65.040 hereof is given pursuant to Section 2.65.100 of this Chapter shall be the property of and maintained by the Project Applicant, except to the extent the City has rights in or to the Art Work or the display thereof pursuant to the agreement with the Project Applicant entered into pursuant to Section 2.65.100 hereof. Alternatively, Art Work acquired by the Project Applicant in lieu of the Fee may be donated to the City to be maintained by the City. 2.65.090. Development Fee. There will be, and there is hereby, established an Art in Public Places Fee (herein referred to occasionally as the "Fee" or "Fees") to be collected as follows: A. Fees are to be collected with respect to all Projects prior to or at the time of issuance of a building permit, except in the case of residential developments or more than one dwelling unit, where the fee shall be collected on a pro rata basis for each dwelling when it receive its final inspection or certificate of occupancy, whichever occurs first. The Director of Community Development, or other such person appointed by him/her, is hereby appointed as the authorized individual to collect such Fees. B. All residential structures whose Project Costs is in excess of $100,000 will be charged a Fee hereunder equal to the greater of- 1 A of 1% for that portion of Project Cost in excess of $100,000; or (ii) „ ;:Twenty Dollars ($20.00). C. All commercial developments, industrial developments and non-residential development within the City will be charged a Fee hereunder equal to the greater of, -i) %2 of 1% of the Project Cost; or (ii) -Twenty Dollars ($20.00), said Fee not to exceed $50,000. A. A Project Applicant may apply for a credit against the Fee otherwise required to be paid by the Project Applicant under Section 2.65.050 hereof, of one hundred percent (100 a) of the cost of an Art Work and costs of installation for including an Art Work in an Art Site subject to this Chapter, provided that such work shall be approved by the Commission, and the Project Applicant shall enter into a written agreement with the City providing that the Art Work shall be installed, maintained and open to the public view at reasonable hours for a minimum period of 25 years after installation. The written agreement may be extended by the City for 10 year increments. B. Nothing herein shall restrict the City Council from waiving the requirements of this Chapter, in whole or in part, with respect to any Project otherwise subject to the provisions of this Chapter, provided that the City Council determines that the Project Applicant has entered into an agreement with the city making provision for the acquisition and installation of Art Works in connection with the development of the Project which addresses the goals and aims of this Chapter in a manner equally favorable to or on a basis more favorable to the City than would be achieved by strict compliance with this Chapter. 2.65.110. Art in Public Places Fund. A. Accounting. The Fees imposed pursuant to Section 2.65.090 of this Chapter and any other monies collected in accordance with provisions of this Chapter shall be deposited in a separate account, entitled the "Art in Public Places Fund". The City Manager, or his/her designee shall establish accounting records sufficient to identify and control these funds. The amounts held in the Art in Public Places Fund shall otherwise be accounted for, deposited, invested and expensed as provided by law and the practices and policies of the City. The account containing these funds may be invested along with other moneys of the City and the investment earnings thereon shall be used for and be subject to the same restrictions established in subsection (B). B. Use of Fund. Expenditures of the Fees collected in the Art in Public Places Fund may include the following: 1. The cost of Art Work and its installation. 2. The cost of purchase or lease of Art Sites. 3. Water works, landscaping, lighting and other objects which are an integral part of the Art Work. 4. Frames, mats, pedestals, and other objects necessary for the proper presentation of the Art Work. 5. Walls, pools, landscaping, or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the Art Work. 6. Expenditures for maintenance and repair of Art Work. 201 Ordinance 277 U 3 O 7. Administrative expenses to otherwise implement any provision of this Chapter, however, in no event shall said administrative expenses exceed 5% of the total funds ink account on July 1 of any year nor $25,000 in any fiscal year. ., Endowments. The Art in Public Places Fund shall also be used as a depository for endowments, bequests, grants or donations. Such sums may be expensed as set forth in subsection (B) above— k"� -' and for art exhibitions or displays as approved by the City Council. . Replacement. For those Art Works that have been purchased with monies from the Art in Public Places Fund or donated to the City, the City may determine to sell or exchange existing Art Works for replacement Art Works. Any funds obtained from the sale of Art Work shall be credited to the Art in Public Places Fund. Art Work owned privately and on display by In -Lieu Agreement may be exchanged with City Council approval or the original Fee paid to the Art in Public Places Fund. F./. 'Reimbursement. In the event Fees have not been committed for a use as specified in subsection (B) above within two years of their collection, saidFees in the Art in Public Places Fund shall be distributed by the Director of Planning and Development to the person or entity who has paid the Fees or in any other manner permitted by law. 2.65.120 Implementation and Administration of this Chapter. The City may enter into agreements, upon recommendation of the Commission or otherwise, for the purchase or commissioning of Art Works, the purchase and lease of Art Works on Art Sites, for insuring Art Works, for the display of Art Works on Art Sites not owned by the City, for installation of Art Works or the repair, maintenance or servicing thereof and for or relating to all other matter necessary or appropriate to implement the Art in Public Places Program. 202 Ordinance 277 : lia C: r�] 0 ATTACHMENT 6 MASTER ART PLAN A PUBLIC ART PLAN FOR THE CITY OF LA Q UINTA A Project of the Art in Public Places Commission Present Members John Walling, Chairman Nancy Nard Carolyn Lair Rosita Shamis Sharon Kennedy Elaine Reynolds Michelle Klein Past Members Kay Wolff Meg Robertson Kathleen Smith -Schooley Kathryn B. Hull Lia Gilbert Ron Kiedrowski Jerry Herman Under the Direction of the Community Development Department Jerry Herman, Director June, 1993 to June, 1995 ADOPTED BY THE CITY COUNCIL OCTOBER 17, 1995 203 U:35 1 TABLE OF CONTENTS 1.0 Introduction 1.1 Defining Public Art and its Purpose 1.2 History of Public Art in La Quinta 2.0 Guidelines 2.1 Goals of a Public Art Program 2.2 Artists' Rights 2.3 Local Versus Non -Local Artists 2.4 Managing Controversy 3.0 Administering a Public Art Program 3.1 Role of the City Council 3.2 Actualizing Public Art Projects 3.3 Dedication Procedures • 3.4 Public Contacts and Involvement 3.5 Education 3.6 Notification and Orientation for Developers 3.7 Staff to Art in Public Places Commission 4.0 Art in Public Places Commission Selection 5.0 Funding a Public Art Program 204 U: 0 i Or r� 1.0 INTRODUCTION The La Quinta Art in Public Places Ordinance (Chapter 2.65) defines "Public Art" as original creations of art which are shared by the people of the community, being easily visible and accessible. The ordinance further states, "This public art can include, but is not limited to sculpture, murals, mosaics, fountains, and paving designs." The stated goal of the Cultural Resources Element of the General Plan is to provide "enrichment of the community by adequate cultural and recreational facilities and activities." To implement this goal, the General Plan mandates the City to "provide facilities and encourage opportunities for cultural enhancement of the City of La Quinta." The General Plan further states that "the cultural resources of a city encompasses those facilities and programs which refresh, enhance or re-create people's bodies and spirits." Community parks, recreational activities, historic resources, library facilities and art festivals are included in this classification. The Art in Public Places Programs is intended to achieve this purpose by providing visual art throughout the Citv The City of La Quinta has developed a nationwide reputation through the annual La Quinta Arts Festival and other artistic events, which attract thousands of visitors every year to view and ipurchase art and crafts in the City. The public health, morals, safety and welfare, the preservation and enhancement of property values and economic vitality, as well as the popularity and prosperity of the community, are dependent upon and enhanced by visually pleasing and high quality public art. Public art in La Quinta strives to break the traditional forms (monuments to ego or power, "plop - art" afterthoughts) and yet not be faddish or transitory. Rather, the goal is to use a collaborative approach, involving the community, artist and developer, to create a "place" where people want to be and where there is an enriching visual experience. Public art is about having something in which to delight or by which to be surprised, something as simple as a creatively graded median, elegantly designed tree grates, or street signs which reflect what lies beyond. Public art also is about collaboration. Although not all projects successfully involve artist, architect, landscape designer, the most successful have done so. Equally invigorating is the collaboration among agencies, the public, and the designers toward a unique product. However, this product is not the result of each party contributing an add -on, but rather the result of a cooperative effort meeting common goals. Public art is also about the immediate. Those who create public art must respond to a unique set of circumstances at a specific time. Public art makes available to La Quinta residents artwork of the highest quality and addresses an audience both broad and heterogeneous, that will in turn, . enhance the quality of life in the City. 2 �.-„ 05 APPDOC.003 �/� . L� . The purpose of a Public Art Program is to foster change. Probably more important than the • change which comes from enhancing the quality. of the environment, is changing human action and perception. As citizens become involved in the processes of public art, they become more responsive to their visual world and begin to accept more responsibility for it. With this responsibility comes a new awareness of what one ought to expect from the City and its planners. When exposed to more public art, the public response becomes more educated and more tolerant. IFININ •a • 091 :r , •_ �_. There have always been locations in La Quinta which approximate the goals of an Art in Public Places Program. While not created by "artists," these locales achieve the uplifting powers which enhance our lives. Many of these are natural: vistas. of our mountains, cove, clear skies, or waterlines which have made our community so attractive to residents and visitors. Others are archaeological: i.e., native American artifacts. Still others are modem constructions which create a unique ambiance, such as the La Quinta Hotel which is notable for its history, charm, and Spanish style architecture. To further enhance the quality of life in La Quinta, the City Council created the Art in Public Places Program. The ordinance was written under the direction of the Community Services Commission which invited representatives from neighboring cities to present the goals of their respective public art programs to the Commissioners. Subsequently, the Art in Public Places Ordinance was written, presented to the City Council and passed into law on June 19, 1990. • The City Council selected five Art in Public Places Commission Members who commenced regular meetings in January, 1991. On January 19, 1993, the Art in Public Places Commission recommended its first commissioned piece to the City Council to be placed in the Civic Center adjacent to the Council Chambers. The abstract sculpture entitled "Sun and Moonbeam" by artist Louis DeMartino, is designed to embody the natural physical beauty and spirit of the community. In 1993, the Commission was increased to seven members. 2.0 GUIDELINES 2.1.1. One goal of the La Quinta Public Art Program is to make available to the residents of La Quinta artwork of the highest quality and create a visual environment which will serve the City by: • Giving it identity by expressing the character and history of the community through the medium of the arts. • Enhancing its civic pride and prestige by developing a creative public environment • • resulting from a partnership of architecture, art,. landscape, and nature, thereby creating neighborhood identity and cohesion. APPDOC.003 �`n • Creating a more visually pleasing and humane environment and setting an example of pleasing, people responsive public spaces, thereby developing a stimulus for thinking and dialogue as a learning process. • Providing a means of cultural expression and cultural diversity expressed through public art, which will promote understanding and awareness of the visual arts and thus expanding the public's experiences with art. 2.1.2 The La Quinta Public Art Program will also serve the local economy by: • Enhancing the economic viability of the community. • Developing attractions for tourism. • Creating more jobs for artists and their suppliers. • Utilizing artists as problem solvers where creative, economical solutions are needed. • Contributing to the "quality of life" package for individuals and businesses contemplating locations. 2.1.3 The La Quinta Public Art Program will activate resources by: • Creating a collaboration between artists, architects, site planners, and citizens which builds bridges of understanding, tolerance, and appreciation. • Involving artists in the activities of the City, and utilizing their unique talents. • Bringing art into the building and planning process. • Discovering resources made apparent by the arts. General policies regarding artists' rights are addressed in the La Quinta Art in Public Places Ordinance. Specific rights shall be incorporated into contractual agreements for actual artworks for the City, using the contract model in the appendix. Artworks acquired by expenditures from the Art in Public Places fund shall be the property of and maintained by the City. Artworks acquired and installed by the project applicant in lieu of payment of fees shall be the property of the project applicant or may be donated to the City. The following artists' rights shall be guaranteed: 2.2.1 The artists' art concepts and artworks shall not bealtered, removed or moved from a location which is integral to the art concept without consultation with the artist. Should the City be unable to contact the artist to obtain such permission, such modifications may proceed with the recommendation. of the Art in Public Places Commission. 2.2.2 Maintenance of public artworks and art places shall be the responsibility of the owner, i.e., the City or developer. Maintenance shall be carried out in accordance 2 O 7 with the artist's written instructions provided upon completion of the initial pr*0.9 2.2.3 While repairs and restoration shall be the responsibility of the owner, the City shall • contact the artist to ascertain if he/she wishes to collaborate in such work. The City/owner shall have the right to execute minor or emergency repairs without the consent of the artist, according to the artist's instructions. 2.2.4 The City may dispose of artwork subject to prior agreements. 2.2.5 Copyright of public artworks, art places, art concepts shall belong to the creator(s), but the City and/or the owner shall be granted in the contract the right to make two-dimensional reproductions for non-commercial purposes. 2.2.6 The artist shall have the right to supervise the work of a third party contracted for any construction or fabrication related to the artwork or art place. 2.2.7 Artwork installed for a minimum of 25 years may apply for an agreement to extend the contract for ten year increments. (See Art in Public Places Ordinance Chapter 2.65.100(A)) 2.2.8 The City may sell artworks purchased with City monies or donated to the City, with proceeds credited to the Art in Public Places fund. The City may exchange existing artworks for replacement artworks. Private artwork may be exchanged with "Council approval or the original fee paid to the Art in Public Places isAccount". (See Art in Public Places Ordinance Chapter 2.65. 1 10(E).) �•151M. .TN It is recognized that the La Quinta Public Art Program is intended to benefit living artists and to provide local artists with a means of participating in the cultural life of their city. The program, while intended for local artists, shall not limit the opportunity for artists from other parts of the world to share their unique gifts with La Quinta. In the pursuit of artwork of the highest quality, interaction among artists with different perspectives and the exchange of artistic philosophies among different cities and states shall be encouraged. U 1.•.' 1' • 1 • It is recognized that public art often is a "lightning rod" for controversy and that the Public Art Program shall establish guidelines which help to manage it. Of greatest importance is having a mechanism for public involvement in public art projects, a means whereby those who live and/or work near the project somehow participate in the project. In order to manage controversy, programs and projects shall be. developed which give communities "territoriality" or ownership of their public art program such as: •• Community public art activities. • • Community representation on public art. projects. p APPDOC. 003 V' 0 8 • Public education programs. • Media programs. • Artists -in -the -neighborhood programs. • Development of sites for community celebrations. A public education program shall be initiated whereby artists become available to talk with the public, where new forms of art are discussed, the idea of collaboration and integration of the design arts are explored, and media campaigns are built to aid in' the demystification of art, especially public art. Those responsible for naming selection panels shall take into consideration the fact that the project is for a public place, not a museum, and the public shall be involved. An open process must be established and maintained so that no surprises occur. The more that is shared about a project the more acceptance it will win. The goal of this plan is not to make the public like or enjoy what has been created, or to make artist selections by public vote, but to assure that all can accept the process of site, artist, and art selection as having been fair and collaborative. 3.0 ADMINISTERING A PUBLIC ART PROGRAM The La Quinta City Council shall be responsible for maintaining the Public Art Program as established by the Council. This shall include: • The appointment of citizens to the Art in Public Places Commission. • The appropriation of funds to the Public Art Program for the acquisition and installation of approved artworks, and to the maintenance of these works. • Monitoring and investing of funds designated for the Art in Public Places Program. • The approval of art projects as recommended by the Art in Public Places Commission, including the commissioning of artworks, the purchase or lease of art sites, and agreements for the purchase, display and disposition of artworks, and the repair, maintenance or servicing of artworks. • The issuance of contracts to selected and approved artists. • The expansion of opportunities for the City's citizens to experience public art and other projects resulting from the creative expression of its artists in public places of the City. • The arrangement for, and participation in, a public dedication of any acquired art piece. • The review of the Art in Public Places Program at regular intervals to evaluate its effectiveness. u4 APPDOC.003 4?04. 3.2 Acti lalizing Public Art Projects • The Art in Public Places Commission shall: • Determine whether the project is to be an open competition, limited competition, or direct selection. • Identify all participants, i.e.,artist, engineer, architect, consultant, etc. • Develop a project amount for each public art project. • Establish project timeline. • Select a sub -committee (jury) to approve the artist/art selection. A different artist -selection jury shall be impaneled for certain public art projects. The juries shall be given as much latitude as possible, not only in selecting the artist for the project, but also in refining the definition of the site and the parameters of the artist's contribution to the project. For these reasons, the juries shall be named at the earliest possible time after a project has been identified in order to allow for adapting to a design collaboration if it seems preferable and possible even if the project was not originally so identified. Membership of the artist selection jury shall include: • A member of the Art in Public Places Commission who will sit without vote, except in the case of a tie, as chairperson and advisor to each jury. • • Three other individuals appointed from a master jurors list. This list shall include, but not be limited to, all potential jurors from La Quinta as well as other areas of the Coachella Valley. In naming jurors to the master jurors list, the Art in Public Places Commission shall be aware of the extent of a juror's knowledge of local, regional, and national artists, the juror's ability to assess the design and problem -solving abilities of an artist, and the juror's sensitivity to the requirements/restrictions imposed by design collaborations. In naming a jury, the Art in Public Places Commission shall create a jury with a positive and protective "personality." Occasionally it will be desirable to include jurors from outside the region with a national perspective on public art. This will be true especially on large projects where federal or foundation matching funds will be sought. , Public dedications and receptions shall be identified, organized, and arranged by the Art in Public Places Commission and staff with approval of the City Council. The Commission shall recommend the place, date, and time of the dedication or reception. The Commission shall recommend whether a dedication procedure will take place for a developer's project or whether this shall be implemented by the developer, and subsequently • funded by the developer. APPDoc. 003 u � 210 • Staff shall be responsible for: 0 • . Preparation and mailing of all invitations. • Arrangements for any refreshments. • Arrangements for entertainment, amplification, staging, and seating. • Invitations for the artist, press, and other appropriate officials. s MMMMMIGMe In order to ensure that the combining of art making and the public is a "constructive engagement," it is necessary to implement guidelines for cultivating contacts and actively pursue meaningful community involvement in the process. A variety of special events and programs can contribute to a positive reception of public art. The following strategies are recommended: 3.4.1. Printed Information - The La Quinta Art in Public Places Commission and City staff shall create printed material describing the purpose and goals of the Public Art Plan for La Quinta. This information shall be accessible in terms of language and availability to the general public and provide conceptual guidelines for developers. 3.4.2. Communication - The Art in Public Places Commission shall develop a comprehensive artists' bank and mailing list of those individuals or agencies that would benefit from receiving information, i.e., requests for proposals, press releases, and general information regarding the La Quinta Art in Public Places Program. 3.4.3. A publications program shall be developed and sustained through posters of new artwork, art places, public art exhibits, Chamber of Commerce Newsletter articles for all City art activities with editorials and opinion, and catalogs of public art projects and collections. APPDOC.003 A documentation program shall be maintained in order to have photographs and written materials available for the media and communications program. Local "stakeholders" shall be kept informed about upcoming projects and updated about projects underway through the news media or informational letters. These stakeholders are members of the community who may be directly affected by the proposed art project. lJ�J MI • 3.4.4. Media - Cultivating positive media coverage requires an ongoing effort. • Representatives of the Art in Public Places Program shall make every effort to engage the media at every stage of the public art process by developing press releases and media packages, preparing articles of national significance, and promoting high profile activities in public art. Designated Art in Public Places representatives shall invite media coverage concerning the fabrication and installation of the artwork, as well as the final unveiling. 3.4.5. Public Presentations - On behalf of the City of La Quinta, a designated staff person or members of the Art in Public Places Commission may wish to make public presentations about the La Quinta Art in Public Places Program to local and regional groups and agencies to encourage public awareness and interest. 3.4.6. Community Forums - When beginning any local public art project it is recommended that the Art in Public Places Commission and designated staff hold a public forum/meeting for local residents and identified stakeholders. The meeting shall include a general orientation presentation about the purpose of public art, the goals of La Quinta's Master Art Plan, and details of the specific site identified for a project with opportunity for a question and answer session. In addition to the Art in Public Places Commission, public representation shall be. included in all phases of public art projects, Community groups and individuals • • shall be consulted in determining sites and priorities, and in the artist selection process. Community groups shall be encouraged to co-sponsor creation of art places, e.g., temporary public art, and to , o Z_ r dedications, e:g., Rotary Club, La Quinta Arts Foundation, Soroptimists~� 3.4.7 Public Lectures, Workshops - When and where it is deemed appropriate, it is recommended that artists and public art managers conduct lectures or workshops for community groups, government agencies, citizen committees, schools, service groups, corporate service groups, and to artists, art organizations, and other design professionals. 3.4.8 Temporary Art Installations - Many communities find that creating opportunities for temporary public art programs has been useful in expanding public perceptions of public art. The temporary nature of the work. allows community members to experience the effects of different approaches to public art making it a non- threatening environment. Several artists may simultaneously create work at a public event to stimulate interaction and meaningful dialogue. The Art in Public Places Commission may choose to use some of their funds to commission temporary work or may ask other local cultural organizations to consider producing such events. • APPDOC.003 i A 212 3.4.9 Public Access to Artmaking - Wherever possible and appropriate it is recommended that temporary and permanent commissioned artwork be fabricated locally in a place where local stakeholders have public access to view the process of the making of the artwork at different intervals of the process. Viewing the process increases the community's sense of ownership of the work and most often contributes to a positive reception to the work when completed. 3.4.10 Displays - The City shall allow the necessary resources to create public displays of.public art competitions and/or select projects. Artists' maquettes may be displayed with interpretative materials at the Civic Center and other appropriate locations where there is public access. An education program shall be established to help educate the public to the diversity of public art, the creative process, the potential for design talents, and the use of the arts and artists for public relations. Some programs and techniques can include: • Design competitions and design awards • Talks by artists and art administrators for the public • Lectures and slide presentations on contemporary art and public art • Tours of places -as -art and other public art • Public art exhibitions • Symposia on subjects related to public art • Artists -in -schools program • Wall mural projects • Community -to -community art and/or artist exchanges • Public collaboration projects among communities, artists, corporations, governments; among different art forms, i.e., written word and visual art, performance art. The process of bridging the gap between how the public envisions art and how artists pursue it shall be a part of every public art project. Creating opportunities for meaningful dialogues among city planners, artists, project planners and the community requires community education about the program and projects. There must be continuous education of the public about public art. Some potential programs to be developed by the Art in Public Places Commission include: • Bus tours of existing public or City -owned art in the Coachella Valley. Walking or driving tours of La Quinta sites identified in the site inventory. Traveling exhibition of site inventory team recommendations, including maps, photos, drawings, and written work. • Public art presentations at La Quinta schools. APPDOC.003 u45 213 • Artist -in -residence program and artist -in -community programs. • • Neighborhood involvement in art installations and art site development. • Microcosm site inventory project, i.e., senior centers, elementary schools, schools doing mini -site inventories of their property and exhibits. • Displays of archaeological objects found at sites. EMINIMOTTire 1 • 1 • • • • • - Any potential developer or builder shall have a briefing from the Art in Public Places Commission on procedure for creating his/her art project prior to approval of the conceptual site plan. A concise brochure shall be presented to each prospective developer who contacts the Community Development Department seeking procedural advice. Such a document shall state the purpose and goals of the City's Art in Public Places Program followed by a synopsis of why such a program is important to a developer, particularly if he/she provides his/her own work. Some of these might include: • General aesthetic enhancement of the community provides a better business climate. • Association with public art improves the developer's image. • Developer participation in the Public Art Program brings him/her closer to the community in terms of understanding its personality. • Political goodwill is created by actively contributing something concrete to the community. • • Art projects associated with certain developments can become City landmarks which become people destinations. In order that the developer fully understands the opportunities to integrate art into his/her project, the Art in Public Places Commission may secure the services of an art consultant. When the City retains an art consultant, his/her relationship with a developer shall convey assistance from the City and not imposition. A list of other successful public art projects completed by developers in the City (and Coachella Valley) shall be presented for the prospective developer to use as references to help him/her understand the process and goals. • • : • 1 zi. ' • 11 11 • 1 The Community Development Department of the City of La Quinta shall serve as staff to the Art in-Tiiblic Places Commission. In add-it—io—H,-Ti-s-W records of fees paid, interest earned and expenses incurred will be maintained by the Fiscal Services Department and reported as needed to the Commission and the City Council. APPDOC.003 V ?14 u When appropriate, the Art in Public Places Commission shall recommend to the Council to contract with professional public art consultants to advise it and/or to advise potential developers on ways to implement the Art in Public Places Ordinance. Members of the Art in Public Places Commission represent the public and are citizens of the La Quinta community. The Art in Public Places Commission will be a standing Commission appointed by the City Council. It will be composed of seven (7) members: three (3) members from the La Quinta Arts Foundation, and four (4) members at large. Commission members will serve for staggered two-year terms beginning on July 1 of every other year. The Commission will meet monthly and will elect officers at their first meeting in July. Officers will consist of Chairperson and Vice Chairperson. NO 13 IMAWN 1.3 11 CIFA t4l 0 W .101" a Fees are required for developments of new, or improvements to existing buildings (see Ordinance 203). Development fees are deposited in the Art in Public Places Fund in the amounts as established by the Ordinance, prior to the issuance of a building permit (see Ordinance for exceptions). In lieu of paying a development fee for public art, an applicant may acquire and install or commission an artwork on the site or in the vicinity of the project site, subject to recommendation of the Commission to the City Council. The Art in Public Places Fund shall be used to provide art sites for, and art work in, public places. APPDOC.003 U4 215 APPENDIX 1. Art in Public Places Membership (name, dates served) 1. City of La Quinta Civic Center Art Award Purchases (dates, artists, cost) 2. Contract model (not included) 3. Artist Bank Application APPDOC.003 216 Chapter 2.65 ART IN PUBLIC PLACES Sections: ATTACHMENT 7 2.65.010 Intent and purpose. 2.65.020 Findings. 2.65.030 Definitions. 2.65.040 Formation and Function of Art in Public Places Committee. 2.65.050 Requirement to provide Art Work or pay development fee. 2.65.060 Projects subject to Art in Public Places Program requirement. 2.65.070 Processing of Arts Application. 2.65.080 Regulations for Art Work. 2.65.090 Development Fee. 2.65.100 Credits-- Agreements as to particular projects. 2.65.110 Art in Public Places Fund. 2.65.120 Implementation and Administration of this Chapter. 2.65.010 Intent and purpose. A. This Chapter may be known and cited as the "La Quinta Art in Public Places Program." The City of La Quinta has developed a nationwide reputation through the annual La Quinta Arts Festival and other artistic events, and attracts thousands of visitors every year to view and purchase art and crafts in the City. The public health, safety and welfare, the preservation and enhancement of property values and economic vitality, as well as the popularity and prosperity of the community, are dependent upon and enhanced by visually pleasing and high quality public art. B. The stated goal of the Cultural Resource Element of the General Plan is to provide "enrichment of the community by adequate cultural and recreational facilities and activities." To implement this goal, the General Plan further states that "the cultural resources of a city encompass those facilities and programs which refresh, enhance or re-create people's bodies and spirits". Community parks, recreational activities, historic resources, library facilities and art festivals are included in this classification. The Art in Public Places Program is intended to achieve this purpose by providing visual art throughout the City. C. Residential and commercial development throughout the City will benefit from public art, both financially and visually. All property within the City will prosper through the enhancement and preservation of property values that will result from the location of visual art throughout the City. As such, the cost of providing public art should be shared. This program is a means of achieving a balanced responsibility of providing a cultural enhancement. Ordinance 317 'i 217 D. Therefore, the City Council declares that art work in its various physical forms displayed in public venues in the City constitute public facilities of benefit to the citizens and visitors to the City and in the interest of the public health, safety and welfare, it is the policy of the City to require the acquisition and installation of public art works as provided in this Chapter. (Ord. 173 section 1 (part), 1990) 2.65.020 Findings The City Council makes the following findings in connection with the adoption of this chapter: A. There is a reasonable relationship between the acquisition of Art work through the Art in Public Places Program and the projects on which the fees provided by this Chapter shall be imposed because: 1. Art work will enhance the real property values within the City generally, including the developments on which the fees will be imposed, and 2. Art works will, by enhancing the aesthetic values of the City as a whole, making the City an attractive place to live and work, thereby making the City more vital; and B. There is a reasonable relationship between the need for cultural amenities such as art and the developments upon which the fees provided for herein shall be imposed because the development of real property generally necessitates that additional costs be incurred and amenities be provided to provide for harmonious and aesthetically pleasing environments created by the development; and C. The amount of the fee is reasonably related to the Art Works to be acquired because the amount of the fee increases as the value of the development upon which the fee is imposed rises, so there will be direct and proportionate relationship between the size of the development and the quantity or quality of Art Work, which an be purchased from the fees generated by the development upon which the fee shall be imposed; (Ord. 173 Section 1(part), 1990) 2.65.030 Definitions. As used in this Chapter: A. "Arts Application" means the application to be submitted by a Project Applicant pursuant to Section 2.65.070. B. "Art in Public Places Fund" means the fund established by Section 2.65.110 C. "Art Site" means any site, upon which an Art Work is to be located, on public or private property within the City which is accessible and visible to the general public. D. "Art Work" means the original creations of art including, but not limited to, the following categories: sculpture, murals, mosaics, fountains, and paving designs. These categories may be realized through such media as steel, bronze, stained glass, concrete, wood, Ordinance 317 218 ceramic tile and stone, as well as other suitable materials. E. "Fee" or "Fees" means the fees imposed by this Chapter. F. "Project" means all construction or rehabilitation in the City covered by a single building permit. OF e. "Project Cost" means the value of the improvements for a Project based upon the building permit valuation submitted. I•1•w•Li■-t�J\IIlr.1•I�JIrRll�t1111�1•NLNJtINS INARAWZ•]/11=/!l•1\l�//rl�l�A1/1�JIIulINT7l�l/w - 1 - ■ ■ • -III1 - - - IN - - - ; • - - - - - Mier - ON IN • • • 1 ■ 1 • • III■ • • ■ • ...ON _ - - • �L�l.1/��1•IIA7l•JI{�11U/IIII�I�L�_I w7r 11l��ilL,l•/lU t•JIl•�' • • _ • - - - - -t-12111,911 - - - \ LOAN O ■ kMqlt • I ■ A I LIS 8 KVM IN • - - . A - - r. A A L-K-WIN- A A 0 \ LIM IN L"M • Pigs - Be\ \ Ordinance 317 11J 219 r 111 111 •W- i • • . - - • M �• : 2.65.050 Requirements to Provide Art Work or Pay Development Fee. When a Project is subject to the requirements of this Chapter pursuant to Section 2.65.060, the Project Applicant shall pay a development fee, as described in Subsection (A) of this section or shall comply with the provisions of subsection (B) of this section. Project Applicants shall indicate on their Art in Public Places Application whether the Project Applicant will comply with subsections (A) or (B) of this section. A. Development Fees. The Project Applicants shall pay a fee to be deposited in the Art in Public Places Fund established pursuant to Section 2.65.110 equal to the amount provided in Section 2.65.090 of this chapter for the Project. B. Provision of Art Work. In lieu of paying the development fee as required by Subsection (A) of this section the Project Applicant may acquire and install an Art Work on an Art Site on or in the vicinity of the Project Site pursuant to Section 2.65.100 of this Chapter. As a guide, the cost or value of such Art Work should approximate the amount of fee that would be paid under subsection (A) of this section. The Project Applicant shall receive credit for the fee required by subsection (A)oftthis section only in the actual amount of the cost of value of Art Work acquired and installed, plus costs of installation. Only Project Applicants liable for a fee pursuant to subsection (A) of this sectionthat is in excess of $5,000 shall be permitted to elect to provide an Art Work pursuant to this subsection unless such Project Applicant proposed to furnish Art Work in excess in the amount of such fee and in a minimum amount of $5,000. (Ord. 173 section 1 (part) 1990). 2.65.060 Projects Subject to Art in Public Places Program Requirements. A. Requirements. The requirements of this Chapter shall apply to all works of construction or rehabilitation for which a building permit is applied for within the City which constitute or include the following activities and which are not subject to the exceptions set forth in Subsection (B) of this Section; 1. New commercial or industrial construction. 2. Remodeling, repair or reconstruction of existing commercial or industrial property Ordinance 317 UJ� having Project Costs which exceed one hundred thousand dollars ($100,000) in expenditures; 3. Residential subdivisions or development of two units or more, whether by detached single family residential structures, condominiums, apartments, townhouses or other dwelling units, including the repair, remodeling or renovation of same, having Project Costs exceeding one hundred thousand dollars ($100,000); 4. Individual residential units (defined as not more than one single family dwelling which is to be constructed on an individual lot or parcel) having Project Costs of more than $100,000. B. Exceptions. The requirements of this Chapter shall not apply to the following activities: 1. Public projects. 2. Remodeling, repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity. 3. Nonprofit social service or cultural institution projects. 4. Low to moderate housing projects as defined by household income in Health and Safety Code Section 50093.(Ord. 203, sections 3, 4, 1992; Ord. 173 section 1 (part) 1990) 2.65.070 Processing of Arts Application. The requirements and procedures for the processing of an Art in Public Places Application (an "Arts Application") shall be as follows: A. Upon submission of a project application for a Project subject to the requirements of this Chapter, the shall provide to the Project Applicant a copy of the Ordinance codified in this Chapter and an Arts Application form. B. The Project Applicant shall submit to the a completed Arts Application form, describing the manner in which the Project Applicant intends to establish compliance with this chapter. The arts application shall include, for project applicants intending to meet the requirements of Section 2.65.940 (B), a complete description of the Art Work, the artist creating the Art Work, a copy of the contract for commissioning or purchasing the art work, if any, the cost or estimated cost of the art work and installation, the agreement or means in which the project applicant will meet the requirements of Section 2.65.100, of this chapter and a site plan showing the location of Art Work, complete with landscaping, lighting and other appropriate accessories to complement and protec the Art Work. C. The Pit,' shall, upon receipt of the Arts Ordinance 317 U53 ' V W Application, submit the Arts Application to thee# „ Commission. D. The Commission shall, within thirty days from the date of submittal of the application by the Ft submit to the City Council comments and a recommendation on the proposed Arts Application based upon the guidelines set forth in Section 2.65.080. E. The arts application shall then be submitted to the City Council, which may ratify the application based upon the guidelines set forth in Section 2.65.080. (Ord.173 section 1(part),1990) 2.65.080 Regulations for Art Work. A. Guidelines. Guidelines for the approval of Art Work shall include, but are not limited to, the following criteria: 1. The Art Work shall be easily visible and accessible to the public. 2. The composition of the Art Work shall be of appropriate materials in order to be durable against vandalism, theft and weather, and in order to require a low level of maintenance. The review may consider the proposed location of the Art Work. 3. The Art Work shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the Art Site and surrounding environment. 4. The Art Work shall be designed and constructed by persons experienced in the production of such Art Work and recognized by critics and by his or her peers as one who produces works of art. 5. The Art Work shall be appropriately affixed to its site or display. B. Limitations. The following items are not to be considered as Art Works: 1. Art objects which are mass produced from a standard design. 3. Decorative, ornamental or functional elements which are designed by a building architect as opposed to an artist commissioned for the purpose of creating the Art Work. 5. Services or utilities necessary to operate or maintain the Art Work. Ordinance 317 u J '2-Z 2, C. Use and Maintenance of Art Work. Art Work acquired by expenditures from the Art in Public Places Fund shall be the property of and maintained by the City. The City may dispose of such Art Work at its discretion, subject to any agreement with artists or otherwise relating to any specific Art Work. The Art Work acquired and installed by a Project Applicant for which credit for the fee required by Section 2.65.646 F,,,is given pursuant to Section 2.65.100 of this Chapter shall be the property of and maintained by the Project Applicant, except to the extent the City has rights in or to the Art Work or the display thereof pursuant to the agreement with the Project Applicant entered into pursuant to Section 2.65.100 hereof. Alternatively, Art Work acquired by the Project Applicant in lieu of the Fee may be donated to the City to be maintained by the City. (Ord. 173, section 1 (part), 1990) 2.65.090. Development Fee. There will be, and there is hereby, established an Art in Public Places Fee (referred to occasionally as the "Fee" or "Fees") to be collected as follows: A. Fees are to be collected with respect to all Projects prior to or at the time of issuance of a building permit, except in the case of residential developments or more than one dwelling unit, where the fee shall be collected on a pro rata basis for each dwelling when it receive its final inspection or certificate of occupancy, whichever occurs first. The Director of eortimmifty Develapme M.,M., or other such person appointed by him/her, is hereby appointed as the authorized individual to collect such Fees. B. All residential structures whose Project Costs is in excess of $100,000 will be charged a Fee hereunder equal to the greater of: 1. 1/4 of 1% for that portion of Project Cost in excess of $100,000; or 2. Twenty Dollars ($20.00). C. All commercial developments, industrial developments and non-residential development within the City will be charged a Fee hereunder equal to the greater of, 1. '/2 of 1% of the Project Cost; or 2. Twenty Dollars ($20.00) D. The Fees will be collected prior to the issuance of any building permit commencing on the date the Ordinance codified in this chapter become effective. (Ord. 201 section 5, 1992; Ord. 173 section 1 (part) 1990) 2.65.100 Credits, Agreements as to Particular Projects. A. A Project Applicant may apply for a credit against the Fee otherwise required to be paid by the Project Applicant under Section 2.65.050 of one hundred percent of the cost of an Art Work and costs of installation for including an Art Work in an Art Site subject to this Chapter, provided that such work shall be approved by the Commission, and the Project Applicant shall enter into a written agreement with the City providing that the Art Work shall be installed, maintained and open to the public view at reasonable hours for a minimum period of 25 years after installation. The written agreement may be extended by the City for 10 year increments. Ordinance 317 �-- UJ J 0 B. Nothing herein shall restrict the City Council from waiving the requirements of this Chapter, in whole or in part, with respect to any Project otherwise subject to the provisions of this Chapter, provided that the City Council determines that the Project Applicant has entered into an agreement with the city making provision for the acquisition and installation of Art Works in connection with the development of the Project which addresses the goals and aims of this Chapter in a manner equally favorable to or on a basis more favorable to the City than would be achieved by strict compliance with this Chapter. 2.65.110. Art in Public Places Fund. A. Accounting. The Fees imposed pursuant to Section 2.65.090 of this Chapter and any other monies collected in accordance with provisions of this Chapter shall be deposited in a separate account, entitled the "Art in Public Places Fund". The City Manager, or his/her designee shall establish accounting records sufficient to identify and control these funds. The amounts held in the Art in Public Places Fund shall otherwise be accounted for, deposited, invested and expensed as provided by law and the practices and policies of the City. The account containing these funds may be invested along with other moneys of the City and the investment earnings thereon shall be used for and be subject to the same restrictions established in subsection (B). B. Use of Fund. Expenditures of the Fees collected in the Art in Public Places Fund may include the following: 1. The cost of Art Work and its installation. 2. The cost of purchase or lease of Art Sites. 3. Water works, landscaping, lighting and other objects which are an integral part of the Art Work. 4. Frames, mats, pedestals, and other objects necessary for the proper presentation of the Art Work. 5. Walls, pools, landscaping, or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the Art Work. 6. Expenditures for maintenance and repair of Art Work. 7. Administrative expenses to otherwise implement any provision of this Chapter, however, in no event shall said administrative expenses exceed 5% of the total funds in the account on July 1 of any year nor $25,000 in any fiscal year. C. Endowments. The Art in Public Places Fund shall also be used as a depository for endowments, bequests, grants or donations. Such sums may be expensed as set forth in subsection (B) of this section and for art exhibitions or displays as approved by the City Council. Ordinance 317 n VJ0 224 D. Replacement. For those Art Works that have been purchased with monies from the Art in Public Places Fund or donated to the City, the City may determine to sell or exchange existing Art Works for replacement Art Works. Any funds obtained from the sale of Art Work shall be credited to the Art in Public Places Fund. Art Work owned privately and on display by In -Lieu Agreement may be exchanged with City Council approval or the original Fee paid to the Art in Public Places Fund. E. Reimbursement. In the event Fees have not been committed for a use as specified in subsection (B) within two years of their collection, the Fees in the Art in Public Places Fund shall be distributed by the to the person or entity who has paid the Fees or in any other manner permitted by law. 2.65.120 Implementation and Administration of this Chapter. The City may enter into agreements, upon recommendation of the C Commission or otherwise, for the purchase or commissioning of Art Works , the purchase and le�se of Art Works on Art Sites, for insuring Art Works, for the display of Art Works on Art Sites not owned by the City, for installation of Art Works or the repair, maintenance or servicing thereof and for or relating to all other matter necessary or appropriate to implement the Art in Public Places Program. Ordinance 317 U J 7 0 225 ATTACHMENT 8 Chapter 2.65 ART IN PUBLIC PLACES Sections: 2.65.010 Intent and purpose. 2.65.020 Findings. 2.65.030 Definitions. 2.65.040 Formation and Function of Art in Public Places Committee. 2.65.050 Requirement to provide Art Work or pay development fee. 2.65.060 Projects subject to Art in Public Places Program requirement. 2.65.070 Processing of Arts Application. 2.65.080 Regulations for Art Work. 2.65.090 Development Fee. 2.65.100 Credits-- Agreements as to particular projects. 2.65.110 Art in Public Places Fund. 2.65.120 Implementation and Administration of this Chapter. 2.65.010 Intent and purpose. A. This Chapter may be known and cited as the "La Quinta Art in Public Places Program." The City of La Quinta has developed a nationwide reputation through the annual La Quinta Arts Festival and other artistic events, and attracts thousands of visitors every year to view and purchase art and crafts in the City. The public health, safety and welfare, the preservation and enhancement of property values and economic vitality, as well as the popularity and prosperity of the community, are dependent upon and enhanced by visually pleasing and high quality public art. B. The stated goal of the Cultural Resource Element of the General Plan is to provide "enrichment of the community by adequate cultural and recreational facilities and activities." To implement this goal, the General Plan further states that "the cultural resources of a city encompass those facilities and programs which refresh, enhance or re-create people's bodies and spirits". Community parks, recreational activities, historic resources, library facilities and art festivals are included in this classification. The Art in Public Places Program is intended to achieve this purpose by providing visual art throughout the City. C. Residential and commercial development throughout the City will benefit from public art, both financially and visually. All property within the City will prosper through the enhancement and preservation of property values that will result from the location of visual art throughout the City. As such, the cost of providing public art should be shared. This program is a means of achieving a balanced responsibility of providing a cultural enhancement. Ordinance 317 Final. VJ� 226 D. Therefore, the City Council declares that art work in its various physical forms displayed in public venues in the City constitute public facilities of benefit to the citizens and visitors to the City and in the interest of the public health, safety and welfare, it is the policy of the City to require the acquisition and installation of public art works as provided in this Chapter. (Ord. 173 section 1 (part), 1990) 2.65.020 Findings The City Council makes the following findings in connection with the adoption of this chapter: A. There is a reasonable relationship between the acquisition of Art work through the Art in Public Places Program and.the projects on which the fees provided by this Chapter shall be imposed because: 1. Art work will enhance the real property values within the City generally, including the developments on which the fees will be imposed, and 2. Art works will, by enhancing the aesthetic values of the City as a whole, making the City an attractive place to live and work, thereby making the City more vital; and B. There is a reasonable relationship between the need for cultural amenities such as art and the developments upon which the fees provided for herein shall be imposed because the development of real property generally necessitates that additional costs be incurred and amenities be provided to provide for harmonious and aesthetically pleasing environments created by the development; and C. The amount of the fee is reasonably related to the Art Works to be acquired because the amount of the fee increases as the value of the development upon which the fee is imposed rises, so there will be direct and proportionate relationship between the size of the development and the quantity or quality of Art Work, which an be purchased from the fees generated by the development upon which the fee shall be imposed; (Ord. 173 Section 1(part), 1990) 2.65.030 Definitions. As used in this Chapter: A. "Arts Application" means the application to be submitted by a Project Applicant pursuant to Section 2.65.070. B. "Art in Public Places Fund" means the fund established by Section 2.65.110 C. "Art Site" means any site, upon which an Art Work is to be located, on public or private property within the City which is accessible and visible to the general public. D. "Art Work" means the original creations of art including, but not limited to, the following categories: sculpture, murals, mosaics, fountains, and paving designs. These categories may be realized through such media as steel, bronze, stained glass, concrete, wood, Ordinance 317 Final 227 ceramic tile and stone, as well as other suitable materials. E. "Commission" means the Cultural Arts Commission as appointed in Section 2.75.030 of this Chapter and Municipal Code. F. "Fee" or "Fees" means the fees imposed by this Chapter. G. "Project" means all construction or rehabilitation in the City covered by a single building permit. H. "Project Cost" means the value of the improvements for a Project based upon the building permit valuation submitted. 2.65.040 Deleted 2.65.050 Requirements to Provide Art Work or Pay Development Fee. When a Project is subject to the requirements of this Chapter pursuant to Section 2.65.060, the Project Applicant shall pay a development fee, as described in Subsection (A) of this section or shall comply with the provisions of subsection (B) of this section. Project Applicants shall indicate on their Art in Public Places Application whether the Project Applicant will comply with subsections (A) or (B) of this section. A. Development Fees. The Project Applicants shall pay a fee to be deposited in the Art in Public Places Fund established pursuant to Section 2.65.110 equal to the amount provided in Section 2.65.090 of this chapter for the Project. B. Provision of Art Work. In lieu of paying the development fee as required by Subsection (A) of this section the Project Applicant may acquire and install an Art Work on an Art Site on or in the vicinity of the Project Site pursuant to Section 2.65.100 of this Chapter. As a guide, the cost or value of such Art Work should approximate the amount of fee that would be paid under subsection (A) of this section. The Project Applicant shall receive credit for the fee required by subsection (A)of this section only in the actual amount of the cost of value of Art Work acquired and installed, plus costs of installation. Only Project Applicants liable for a fee pursuant to subsection (A) of this section that is in excess of $5,000 shall be permitted to elect to provide an Art Work pursuant to this subsection unless such Project Applicant proposed to furnish Art Work in excess in the amount of such fee and in a minimum amount of $5,000. (Ord. 173 section 1 (part) 1990). 2.65.060 Projects Subject to Art in Public Places Program Requirements. A. Requirements. The requirements of this Chapter shall apply to all works of construction or rehabilitation for which a building permit is applied for within the City which constitute or include the following activities and which are not subject to the exceptions set forth in Ordinance 317 Final. u60 228 Subsection (B) of this Section; 1. New commercial or industrial construction. 2. Remodeling, repair or reconstruction of existing commercial or industrial property having Project Costs which exceed one hundred thousand dollars ($100,000) in expenditures; 3. Residential subdivisions or development of two units or more, whether by detached single family residential structures, condominiums, apartments, townhouses or other dwelling units, including the repair, remodeling or renovation of same, having Project Costs exceeding one hundred thousand dollars ($100,000); 4. Individual residential units (defined as not more than one single family dwelling which is to be constructed on an individual lot or parcel) having Project Costs of more than $100,000. B. Exceptions. The requirements of this Chapter shall not apply to the following activities: 1. Public projects. 2. Remodeling, repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity. 3. Nonprofit social service or cultural institution projects. 4. Low to moderate housing projects as defined by household income in Health and Safety Code Section 50093.(Ord. 203, sections 3, 4, 1992; Ord. 173 section 1 (part) 1990) 2.65.070 Processing of Arts Application. The requirements and procedures for the processing of an Art in Public Places Application (an "Arts Application") shall be as follows: A. Upon submission of a project application for a Project subject to the requirements of this Chapter, the City shall provide to the Project Applicant a copy of the Ordinance codified in this Chapter and an Arts Application form. B. The Project Applicant shall submit to the City a completed Arts Application form, describing the manner in which the Project Applicant intends to establish compliance with this chapter. The arts application shall include, for project applicants intending to meet the requirements of Section 2.65.050 (B), a complete description of the Art Work, the artist creating the Art Work,, a copy of the contract for commissioning or purchasing the art work, if any, the cost or estimated cost of the art work and installation, the agreement or means in which the project applicant will meet Ordinance 317 Final. u 6 1 4 229 the requirements of Section 2.65.100, of this chapter and a site plan showing the location of Art Work, complete with landscaping, lighting and other appropriate accessories to complement the Art Work. C. The City shall, upon receipt of the Arts Application, submit the Arts Application to the Cultural Arts Commission. D. The Cultural Arts Commission shall, within thirty days from the date of submittal of the application by the City submit to the City Council comments and a recommendation on the proposed Arts Application based upon the guidelines set forth in Section 2.65.080. E. The arts application shall then be submitted to the City Council, which may ratify the application based upon the guidelines set forth in Section 2.65.080. (Ord. 173 section 1 (part),1990) 2.65.080 Regulations for Art Work. A. Guidelines. Guidelines for the approval of Art Work shall include, but are not limited to, the following criteria: 1. The Art Work shall be easily visible and accessible to the public. 2. The composition of the Art Work shall be of appropriate materials in order to be durable against vandalism, theft and weather, and in order to require a low level of maintenance. The review may consider the proposed location of the Art Work. 3. The Art Work shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the Art Site and surrounding environment. 4. The Art Work shall be designed and constructed by persons experienced in the production of such Art Work and recognized by critics and by his or her peers as one who produces works of art. 5. The Art Work shall be appropriately affixed to its site or display. B. Limitations. The following items are not to be considered as Art Works: 1. Art objects which are mass produced from a standard design. 2.. Decorative, ornamental or functional elements which are designed by a building architect as opposed to an artist commissioned for the purpose of creating the Art Work. 3. Services or utilities necessary to operate or maintain the Art Work. Ordinance 317 Final. Ube 230 C. Use and Maintenance of Art Work. Art Work acquired by expenditures from the Art in Public Places Fund shall be the property of and maintained by the City. The City may dispose of such Art Work at its discretion, subject to any agreement with artists or otherwise relating to any specific Art Work. The Art Work acquired and installed by a Project Applicant for which credit for the fee required by Section 2.65.050 is given pursuant to Section 2.65.100 of this Chapter shall be the property of and maintained by the Project Applicant, except to the extent the City has rights in or to the Art Work or the display thereof pursuant to the agreement with the Project Applicant entered into pursuant to Section 2.65.100 hereof. Alternatively, Art Work acquired by the Project Applicant in lieu of the Fee may be donated to the City to be maintained by the City. (Ord. 173, section 1 (part), 1990) 2.65.090. Development Fee. There will be, and there is hereby, established an Art in Public Places Fee (referred to occasionally as the "Fee" or "Fees") to be collected as follows: A. Fees are to be collected with respect to all Projects prior to or at the time of issuance of a building permit, except in the case of residential developments or more than one dwelling unit, where the fee shall be collected on a pro rata basis for each dwelling when it receive its final inspection or certificate of occupancy, whichever occurs first. The City Manager, or other such person appointed by him/her, is hereby appointed as the authorized individual to collect such Fees. B. All residential structures whose Project Costs is in excess of $100,000 will be charged a Fee hereunder equal to the greater of- 1. 1/4 of 1% for that portion of Project Cost in excess of $100,000; or 2. Twenty Dollars ($20.00). C. All commercial developments, industrial developments and non-residential development within the City will be charged a Fee hereunder equal to the greater of, 1. `/2 of 1% of the Project Cost; or 2. Twenty Dollars ($20.00) D. The Fees will be collected prior to the issuance of any building permit commencing on the date the Ordinance codified in this chapter become effective. (Ord. 201 section 5, 1992; Ord. 173 section 1 (part) 1990) 2.65.100 Credits; Agreements as to Particular Projects. A. A Project Applicant may apply for a credit against the Fee otherwise required to be paid by the Project Applicant under Section 2.65.050 of one hundred percent of the cost of an Art Work and costs of installation for including an Art Work in an Art Site subject to this Chapter, provided that such work shall be approved by the Commission, and the Project Applicant shall enter into a written agreement with the City providing that the Art Work shall be installed, maintained and open to public view at reasonable hours for a minimum period of 25 years after installation. The written agreement may be extended by the City for 10 year increments. Ordinance 317 Final ) B. Nothing herein shall restrict the City Council from waiving the requirements of this Chapter, in whole or in part, with respect to any Project otherwise subject to the provisions of this Chapter, provided that the City Council determines that the Project Applicant has entered into an agreement with the city making provision for the acquisition and installation of Art Works in connection with the development of the Project which addresses the goals and aims of this Chapter in a manner equally favorable to or on a basis more favorable to the City than would be achieved by strict compliance with this Chapter. 2.65.110. Art in Public Places Fund. A. Accounting. The Fees imposed pursuant to Section 2.65.090 of this Chapter and any other monies collected in accordance with provisions of this Chapter shall be deposited in a separate account, entitled the "Art in Public Places Fund". The City Manager, or his/her designee shall establish accounting records sufficient to identify and control these funds. The amounts held in the Art in Public Places Fund shall otherwise be accounted for, deposited, invested and expensed as provided by law and the practices and policies of the City. The account containing these funds may be invested along with other moneys of the City and the investment earnings thereon shall be used for and be subject to the same restrictions established in subsection (B)• B. Use of Fund. Expenditures of the Fees collected in the Art in Public Places Fund may include the following: 1. The cost of Art Work and its installation. 2. The cost of purchase or lease of Art Sites. 3. Water works, landscaping, lighting and other objects which are an integral part of the Art Work. 4. Frames, mats, pedestals, and other objects necessary for the proper presentation of the Art Work. 5. Walls, pools, landscaping, or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the Art Work. 6. Expenditures for maintenance and repair of Art Work. 7. Administrative expenses to otherwise implement any provision of this Chapter, however, in no event shall said administrative expenses exceed 5% of the total funds in the account on July 1 of any year nor $25,000 in any fiscal year. C. Endowments. The Art in Public Places Fund shall also be used as a depository for endowments, bequests, grants or donations. Such sums may be expensed as set forth in subsection (B) of this section and for art exhibitions or displays as approved by the City Council. Ordinance 317 Final D. Replacement. For those Art Works that have been purchased with monies from the Art in Public Places Fund or donated to the City, the City may determine to sell or exchange existing Art Works for replacement Art Works. Any funds obtained from the sale of Art Work shall be credited to the Art in Public Places Fund. Art Work owned privately and on display by In -Lieu Agreement may be exchanged with City Council approval or the original Fee paid to the Art in Public Places Fund. E. Reimbursement. In the event Fees have not been committed for a use as specified in subsection (B) within two years of their collection, the Fees in the Art in Public Places Fund shall be distributed by the City to the person or entity who has paid the Fees or in any other manner permitted by law. 2.65.120 Implementation and Administration of this Chapter. The City may enter into agreements, upon recommendation of the Cultural Arts Commission or otherwise, for the purchase or commissioning of Art Works on Art Sites not owned by the City, for installation of Art Works or the repair, maintenance or servicing thereof and for or relating to all other matter necessary or appropriate to implement the Art in Public Places Program. Ordinance 317 Final 233 City of La Quinta Recap Arts in Public Places Available Funds 10/31/1999 Deposits collected through development Interest earned City Contribution Total Sources Less expenditures: Operating expenses Art purchased Total Uses Equity Available before encumbrances and committments: Add back Accounts Payable Reduction for Interest Receivable Cash Available before encumbrances and committments: Less Encumbrances-1999/2000 Operating Expenditure Authorization Less Commitments: Balance of De Martino Sculpture for Civic Center Balance of K.Emerson & A.Dematteis - Fritz Burns Park Balance Hwy 111 TDC Shopping Center - Paid Balance Hwy 111 TDC Shopping Center - Credits Balance Hwy 111 TDC Shopping Center - Future Balance Ministrelli TT25429 Deposits committed to Rancho La Quinta - Paid Deposits committed to Rancho La Quinta - Credits Balance of Art Fernandez - Fritz Burns Park Balance Marcia Gibbons-L.Q. Car Wash Balance Eagle Hardware -Credit Balance Washington St. Bridge-Navarrete/Nolmes & Narver Balance Washington St. Bridge-Navarrete/Nolmes & Narver Balance Washington St. Bridge -Artwork Construction Obelisks Pilot Program -City Street Markers Landscaping for Artpiece-Hwy111/Wash. St Civic Center Art Purchase Construction of Base for New Art Piece City Entrance Monuments Obelisks Pilot Program -City Street Markers City Entrance Monument Right -of -Way (#655) Total Commitments Total available funds through 10/31 /1999 ATTACHMENT 9 September 1999 Ending Balance: $274,845.95 $1,023, 306.94 119, 364.27 50, 000.00 1,192, 671.21 (18,904.50) (445,969.13) (464,873.63) 727,797.58 0.00 0.00 727, 797.58 (5,000.00) (13,217.00) (1,260.37) 0.00 (9,418.07) (14,581.93) 0.00 0.00 0.00 0.00 0.00 0.00 (1,284.00) (30,122.00) (12,710.50) (1,684.50) 0.00 (173.00) (2,518.00) (293,113.00) (13,192.50) (15, 000.00) (408,274.87) $314,522.71 ur;(A -Z) File: APP.WK4 City of La Quinta Arts in Public Places Recap Expenditures Inception to 10/31/1999 Operating Expenses: Conference - Phoenix 07/24/92 Bank of America 07/31/92 Meg Robertson 10/15/92 01/12/93 03/10/93 03/31 /93 03/31/94 05/10/95 06/30/98 06/30/98 06/30/98 06/30/98 06/30/98 09/30/98 01/25/99 05/07/99 05/29/99 06/30/99 06/30/99 06/30/99 06/30/99 06/30/99 06/30/99 08/19/99 At P-haenc• 06/09/92 04/14/93 06/29/94 07/31 /92 07/31 /92 07/31 /92 12/15/1992 06/06/1995 01/16/1996 05/21/1996 05/21 /1996 12/17/96 06/17/97 06/17/97 05/05/98 09/15/98 10/20/98 07/07/98 07/07/98 03/16/99 04/06/99 05/18/99 07/01/99 09/07/99 Expended 821.66 244.08 $1,065.74 A. E. S. 23.70 Jerry Allan 2.275.00 Regents - University of Calif. 105.00 Martin & Chapman 242.05 City of La Quinta Admin Fee 6,000.00 Rositas Shamis - Reimburse for supplies 35.91 Charrie Chappie Travel 325.21 Elaine Reynolds Travel 360.61 Rosita Shamis Travel 2,141.01 Susan Benay Travel 1,125.32 Americans For The Arts Registration 150.00 Susan Benay Travel - Reverse (1,125.32) Art in La Quinta Inserts (Arrow Printing) 1,150.00 Recreation Brochures 473.50 Summer Brochures (Arrow Printing) 1,239.13 Patrick Welch - Anderson Travel 428.00 Welch/Reynolds - Atlanta Hilton 1,313.28 Susan Benay - Best Western 245.00 Ca Assembly of Local Arts 199.00 Welch/Reynolds - Americans for the Arts Reg. 600.00 Susan Benay - Travel 272.36 US Postmaster: 05/19/1999 Appropriation -Summer Brochure 160.00 Total Operating Expenses $18 804.50 Adams/Truman PTA Louis De Martino K.Emerson & A.Dematteis Hwy 111 TDC - Paid Hwy 111 TDC - Credits Hwy 111 TDC - Future Ministrelli TT25429 Bear Creek Path Art Work Fritz Burns Park Rancho La Quinta - Paid Rancho La Quinta - Credit Fritz Burns Park - Art Fernandez Marcia Gibbons-L.Q. Car Wash Eagle Hardware -Credit Washington St. Bridge-Navarrete/Holmes & Nar Washington St. Bridge-Navarrete/Holmes & Nar Washington St. Bridge -Artwork Construction Obelisks Pilot Program -City Street Markers Landscaping for Artpiece-Hwy111/Wash. St Civic Center Art Purchase Construction of Base for New Art Piece -City Hall City Entrance Monuments Obelisks Pilot Program -City Street Markers City Entrance Monument Right -of -Way (#655) Total Art Purchases Total Balance of Commitments Expended Commitments 846.00 $846.00 0.00 73,500.00 60,283.00 13,217.00 51,000.00 49.739.63 1,260.37 47,578.99 47,578.99 0.00 10,810.63 1,392.56 9,418.07 36,610.38 22,028.45 14,581.93 15.000.00 15,000.00 0.00 5,000.00 5.000.00 0.00 16.786.00 16,786.00 0.00 35,000.00 35,000.00 0.00 35,000.00 35,000.00 0.00 37,000.00 37,000.00 0.00 10,000.00 10,000.00 0.00 43,000.00 43,000.00 0.00 3,000.00 1,716.00 1,284.00 39,500.00 9,378.00 30,122.00 21.999.00 9,288.50 12,710.50 14,000.00 12,315.50 1,684.50 19,000.00 19.000.00 0.00 7,500.00 7,327.00 173.00 4,000.00 1,482.00 2,518.00 293,113.00 0.00 293,113.00 20,000.00 6,807.50 13,192.50 15,000.00 0.00 15,000,00 $854 244.00 $445,969.13 $408 274.87 ub*7 File: APPAK4 ��5 City of La Quinta Recap Arts in Public Places Interest Earned Annual Interest FY 1990/91 3,525.59 FY 1991/92 11,646.54 FY 1992/93 12,156.96 FY 1993/94 7,137.38 FY 1994/95 11,444.17 FY 1995/96 14,109.65 FY 1996/97 16,170.79 FY 1997/98 14,845.19 FY 1998/99 28,328.00 Total Accumulated Interest FY 1999/00 Interest YTD Interest Through 10/31/1999 119, 364.27 236 File: APP.WK4 ATTACHMENT 10 Art in Public Places Funds Collected Year Residential Commercial City Contribution Interest Total 1990 $ 32,393.75 $ 50,000.00 $ 3,525.59 $ 85,919.34 1991 $ 55,400.85 $ 11,646.54 $ 67,047.39 1992 $ 20,716.81 $ 12,156.96 $ 32,873.77 1993 $ 64,139.09 $ 7,137.38 $ 71,276.47 1994 $ 56,465.77 $ 11,444.17 $ 67,909.94 1995 $ 103,246.73 $ 14,109.65 $ 117,356.38 1996 $ 73,809.82 $ 31,281.26 $ 16,170.79 $ 121,261.87 1997 $ 66,636.12 $ 29,576.29 $ 14,845.19 $ 111,057.60 1998 $ 209,446.21 $ 12,821.72 $ 28,288.00 $ 250,555.93 1999 $ 221,008.14 $ 43,142.02 $ 264,150.16 Totals $ 903,263.29 $116,821.29 $ 50,000.00 $119,324.27 $1,189,408.85 Vtj9 237 Tit�v 4:Q" COUNCIIJRDA MEETING DATE: November 2, 1999 Approval of Fiscal Year 1998/99 City of La Quinta Development Project Fee Report ATTACHMENT 11 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: A. - STUDY SESSION: PUBLIC HEARING: Approve the Fiscal Year 1998/99 City of La Quinta Development Project Fee Report prepared in accordance with Government Code Section 66000. The City must expend or commit developer fees from Infrastructure and Quimby Funds within five years of their receipt and must account for these fees in a separate fund. Art in Public Places fees must be expended or committed within two years and must be accounted for in a separate fund. , The City of La Quinta has three developer project fees subject to the requirements of Government Code Section 66000 - Infrastructure, Art in Public Places, and Quimby fees. The major requirements that must be performed annually are included in Government Code Section 66006 (b). Section 66006(b) requires specific additional accounting information to be reported each year for each fund, as follows: For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year: (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee. U70 238 I (C) The beginning and ending balance of the account or fund. (D) The amount of fees collected and the interest earned. (E) An identification of each public improvement on Which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (F) An identification of are approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an , interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. Staff has prepared the Report which provides an analysis of the Infrastructure, Art in Public Places, and Quimby fees for FY 1998/99 (Attachment No. 1). FINDINGS AND ALTERNATIVES: The City of La Quinta Infrastructure, Art in Public Places, and Quimby fee programs meet the annual filing requirements of Government Code Section 66000 Vohn 1998/99. . Falcner, Finance Director Approved for submission by - Thomas P. Genovese, City Manager Attachments: 1. Development Project Fee Report 71a 239 Ili 11M MEW?[ ft ~ g3 xx g mm 33 Ewa9.1 T PPP S a 1 I I�I ��Ilggql I j"j 88a� Q Q Q Q S a 8a E $8 Q a I� I �♦ QOQ Y' u., Q zQ UH9QQy ApQ yYy QuQ yVy�TQ yyY �E3SoaSSe� BSoS o2SoSSo2S 19Q XTI rt RI scats: :as:: zztz t 8s S Y :t 8 asl I - i i R g� t. . Y"ri�Y _�+g'u'o u.W�a�,eBru N.•a•�a��Y�.� . sIIIsH-1 ass�a�ssa$$ � a' 8 p e 0 0 o e V V !t N N H 8 0 0 8 i _- 8 !3 V 8 1 rsasasa sasaN a rs ass s rsa"s sail r t QQ 4lQ444' ! � r 'R. R u �1 n �or:g7CP2M��l. jro+rrr r 1 j:Wso$�Mt�=l c 4I ! t ; g9. srY wwt. I' u Sw�reias�oir F �I 6' �zia�v�s��s�s e U'w i iaM ��=SaS'ow►r� I P_Y000eo oo o. s3 i I I R.4 o g i3 O uI 240 T4-ht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 7, 1999 CONSENT CALENDAR: ITEM TITLE: In STUDY SESSION: Discussion of Renewal of the City's Franchise PUBLIC HEARING: Agreements for Solid Waste Collection and Recycling with Waste Management of the Desert RECOMMENDATION: Discuss parameters for negotiating renewal of the City's Franchise Agreements for Solid Waste Collection and Recycling with Waste Management of the Desert and provide direction as deemed appropriate by the City Council. FISCAL IMPLICATIONS: The City has historically entered into Franchise Agreements for solid waste collection and recycling services. These Agreements establish service requirements and associated collection "rates." Rate implications of a new Franchise Agreement will be determined as a result of service requests and these franchise negotiations. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City's Franchise Agreement with Waste Management of the Desert expires July 30, 2001. The City Council, at its regular meeting of June 15, 1999, authorized staff to start negotiations with Waste Management on a new contract (see Attachment 1). Accordingly, staff met with representatives from Waste Management on November 3, 1999, to explore the feasibility of negotiating an extension to the existing Franchise Agreement. Staff and Waste Management have each prepared an initial list of issues for future discussion (see Attachments 2 and 3). This matter has been placed on today's agenda to allow the public and City Council to identify any additional issues, concerns, or suggestions for consideration during contract negotiations. The consulting firm of Hilton Farnkopf & Hobson, LLC (HFH) has been retained by 241 the City for AB939 consulting services and is available to assist the City in franchise negotiations, but is limited by budget constraints within their existing contract. HFH, having familiarized themselves with City of La Quinta issues, may be of assistance in addressing matters relating to tonnage reconciliation, rate structure consolidation, transfer station costs, and other matters that may arise in negotiations. Staff has identified funds within the City's total AB939 recycling budget that could be made available for technical assistance to expedite negotiations, and will solicit a proposal from HFH for such assistance unless otherwise directed by the City Council. Staff seeks City Council comment on matters that the Council feels should be addressed as part of franchise negotiations with Waste Management of the Desert. Respectfully submitted, I Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Pages 14-16 of the June 15, 1999 City Council Meeting Minutes 2. Staff's initial list of issues for future discussion 3. Waste Management's initial list of issues for future discussion 242 ATTACHMENT 1 City Council Minutes 14 June 15, 1999 expansions. She supported the proposed contract extension, but wished to have a report on these two facilities. MOTION - It was moved by Council Members Sniff/Adolph to authorize the City Manager to sign a contract extension for services with Hilton Farnkopf & Hobson, LLC for AB939 services for Fiscal Year 1999/2000 in an amount not to exceed $40,000, and appropriation of funds in an amount not to exceed $40,000. Motion carried unanimously. MINUTE ORDER NO. 99-76. STUDY SESSION 1. DISCUSSION OF WASTE MANAGEMENT OF THE DESERT SERVICE FEES RELATING TO THEIR REQUESTED RATES FOR FISCAL YEAR 1999/2000. Mr. Herman, Community Development Director, advised that the purpose of this study session is to discuss the City's solid waste collection and disposal funds, and a request for proposals. The waste program funds that are currently implemented as part of the monthly/yearly waste collection fee include the service costs, dump fee, $8.50 fund, AB 939 fund, transportation fund, and disposal reconciliation fund. The current residential rate is $9.96/month, and staff recommends that that rate be maintained. Staff proposes that the amount of money collected per fund change up or down, by taking some of the $8.50 fund and adding it to the other funds as needed. The City's obligation for transportation is $79,677/yearly and the current fund generates only $28,000, leaving a shortfall of $51,677. The reconciliation expenses for FY 1996/97 and 1997/98 range from $25,000 to $79,000, and that fund generates approximately $15,000 a year, which could leave a potential shortfall of $64,000 to $1 17,000 for the two years. Utilizing the $8.50 fund would cover the deficiencies, pay Waste Management's CPI request, and retain money for a future transfer station or pay for anticipated long -haul disposal costs. He advised that the current franchise agreement expires on July 30, 2001, and that the options for Council to consider are to go with a sole source provider, open an RFP process, or to coordir3te with other valley cities to enhance the City's negotiating position. A pub`'.c hearing will be scheduled in the future to set the residential and commercial rates. Council Member Perkins felt it's important for the residential rates to not increase. Mr. Herman advised that the intent is to keep the residential and commercial roll -off rates the same as last year. 243 004 City Council Minutes 15 June 15, 1999 Mayor Pena asked how this is going to be affected by Eagle Mountain Landfill moving forward. Mr. Herman advised that it could affect future negotiations with the City's trash hauler because of the potential for additional transportation costs. Frank Orlett, 44-105 Camino Azul, Division President of Waste Management of the Desert, asked the City to do a comparison analysis of its current rates before deciding to spend money on a consultant for an RFP, noting that La Quinta has the second lowest rate in the valley and differs only by a few cents from the lowest rate. In response to Council Member Adolph, Mr. Orlett advised that their waste collection vehicles and recycling program will remain the same. In response to Council Member Henderson, Mr. Orlett advised that residents don't have to sort their recyclables anymore. They're sorted at a facility in Chino. In response to Council Member Sniff, Mr. Orlett advised that the trash collected in La Quinta goes directly to the landfill, and is not transferred to larger trucks. Council Member Sniff asked about the status of the Eagle Mountain Landfill. Mayor Pena advised that the appeals have been denied, and it's moving forward. In response to Council Member Henderson, Mr. Orlett advised that approximately 45% of their fleet is converted to CNG. Mayor Pena suggested continuing negotiations with Waste Management, rather than going out with an RFP. He wasn't sure how it would work to consolidate with other cities. Council Member Adolph supported staff's rec.,mmendation for utilizing the $8.50 fund. Council concurred. Council Member Sniff agreed with continuing negotiations with Waste Management. 244 005 City Council Minutes 16 June 15, 1999 Council Member Perkins agreed, stating that he hasn't received any complaints about the current service. Council Member Sniff suggested that La Quinta's rate be adjusted to make it #1 in rates. Council concurred on staff adjusting the waste program funds to maintain the current waste collection rate, and on starting negotiations with Waste Management on a new contract. Council recessed to Closed Session to and until 7:00 p.m. 7:00 P.M. Council reconvened with no decision being made in Closed Session which requires reporting pursuant to Section 54957.1 of the Government Code (Brown Act). Mayor Pena was not present for the 7:00 p.m. meeting. PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS 1. SPECIFIC PLAN 83-001 AMENDMENT NO. 5 AND SITE DEVELOPMENT PERMIT 99-642 - TO ALLOW AN INCREASE IN THE UNIT COUNT TO A PORTION OF LOTS 1 AND 2 OF PARCEL MAP 19730, TO SEPARATE "THE SEASONS" FROM SPECIFIC PLAN 83-001, AND TO ADD A NEW GRADING/UNIT TYPE ALONG THE NORTH SIDE OF THE 50-FOOT ELEVATION OF THE CHANNEL BERM WITHIN DUNA LA QUINTA. APPLICANT: CENTURY- CROWELL COMMUNITIES. Mr. Herman, Community Development Director, advised that since the applicant will not be through the Planning Commission process until September 21, 1999, staff is recommending that this item be tabled and re -advertised for a future public hearing. 245 OOR ATTACHMENT 2 P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 November 3, 1999 Mr. Frank Orlett Waste Management of the Desert 41-575 Eclectic Palm Desert, CA 92211 Dear Mr. Orlett: (760) 7 7 7 - 7 0 0 0 (TDD) (760) 777-1227 As a starting point for discussion, City staff has identified an initial list of potential waste issues to address in developing a new franchise agreement. This list is not exhaustive in that staff has not yet met with the City Council or public. The City may choose to hold a public meeting(s) to allow citizen input on waste and recycling services in La Quinta. Initial List of Issues: 1 . "Favored Nations" Policy 2. Automated service in gated communities 3. Provide for disabled and elderly services 4. No cost residential recycling (3 bin, 2 bin, 1 bin) — Provide three 96- gallon containers: green waste, trash, recyclables (reduction in can size at the request of consumer) — Waste Management to pay for and implement promotional campaign for new program 5. Replacement bins for recycling at no cost 6. Waste Management to pay for all noticing costs associated with rate increases 7. Transfer station accommodation 8. Curbside clean-up on call at no additional cost vs. Spring/Fall clean-up days 9. Recycling program for multi -family units 10. ABOP days 11. Natural gas trucks — 100% 12. Direct billing 13. Construction/demolition debris rate incentive to reduce 14. CERCLA indemnification cap elimination 15. Expand commercial recycling program 246 0 Mr. Frank Orlett November 3, 1999 Page 2 We look forward to discussing these and other matters with you during the next few months. Sincerely, Mark Weiss Assistant City Manager C: Tom Genovese, City Manager Dawn Honeywell, City Attorney Jerry Herman, Community Development Director 247 M1: ATTACHMENT 3 WASTE MANAGEMENT 41-575 Eclectic Street Palm Desert, CA 92260 November 5, 1999 Mr. Mark Weiss City of La Quinta 78495 Calle Tampico La Quinta, California 92253 Dear Mr. Weiss: Waste Management of the Desert welcomes the opportunity in developing a new Franchise Agreement with the City of La Quinta. I am confident that City staff and Waste Management will be able to develop an agreement in which the community and the City Council will support. I have reviewed the city staffs initial list of issues, and look forward to discussing these issues with staff at our November 23`d meeting. In developing a new Franchise Agreement, Waste Management would ask the City staff to consider the following request: • Elimination of Section 2.3 — Automated Program Startup (No Longer Applies) • Amend Section 3.2 — Low Emission Vehicles (update current status and future implementation) • Amend Section 7.3 - Maintenance of Financial Records • Elimination of Section 7.4 - Audit • Amend Section 15.1 - CPI Based Charge (CPI or PPI should be pass through) • Elimination of Section 15.2 - Disposal Charge Reconciliation • Consolidation of Rate Structure • Enhance Section 20.1 — Definitions Thank you in advance for your consideration. We look forward to continually serving the City of La Quinta. Sincerely, Frank Orlett, District President cc: Mark Wasserman 248 y T4At 4 4Q" COUNCIL/RDA MEETING DATE: December 7, 1999 Discussion of the Annexation of the Area Generally Located East of Monroe Street, Between Airport Boulevard and Avenue 66, and West of the New Alignment of Highway 86 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION PUBLIC HEARING: Discuss the scope, findings and options presented in the Preliminary Annexation Analysis and provide staff with direction. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council directed. staff to evaluate annexing the Desert Resorts Regional Airport area as part of the Fiscal Year 1999-2000 Economic Development Plan implementation activities. Staff commissioned Rosenow Spevacek Group (RSG) to prepare the attached Preliminary Annexation Analysis (Attachment 1). The first task in preparing the Analysis was to formulate assumptions regarding future development, population growth, service levels and associated costs, and potential revenue constraints imposed by existing County activities. Further, the City Engineer conducted a windshield survey and prepared near and long-term capital improvement cost estimates. The primary assumptions used in the Analysis are as follows: 1 . The City would annex the entire Desert Resorts Regional Airport Study area, which is generally bounded by the La Quinta City limits to the west, Airport Boulevard to the north, Highway 1 1 1 and Polk Street to the east, and Avenues 60 and 62 to the south. This area encompasses approximately 13,277 acres of property, an estimated 505 residents, and the unincorporated community of Thermal. 249 C:\My Documents\WPDOCS\CCJH.008 } 2. A minimum of 7,1 14,902 square feet of industrial space, 1,329,773 square feet of retail space and 15,021 residential units would be developed in the Study Area. These assumptions were based upon the existing County/City General Plan Land Use Plans, pending and approved projects, discussions with Study Area property owners and developers, and existing development patterns. 3. Municipal service levels and public infrastructure/facilities would equal those currently provided to La Quinta residents. The Preliminary Annexation Analysis indicates that the Study Area service costs would exceed Study Area revenues throughout the 25-year review period. This is due to the following circumstances: 1. Approximately 90 percent or 12,000 acres of the Study Area is in the County of Riverside's Desert Communities Redevelopment Project Area. As such, 100 percent of the property tax revenue generated by new development is distributed to the County Redevelopment Agency. This apportionment will continue until 2036. Thus, the revenue projections do not include property tax revenue. 2. Study Area police service costs are primarily funded through the Southern Coachella Valley Community Service District. Unfortunately, the fees the District levies cannot be transferred to the City per Proposition 218. The analysis assumes that the General Fund absorbs 100 percent of these police costs. 3. A majority of the Study Area is planned for residential development. Residential uses produce 33 percent of municipal revenues while generating 66 percent of municipal service costs as a general standard. However, in this case due to the County's Redevelopment Area, the residential uses would produce a negligible amount of revenue. 4. ' Given the minimal level of current improvements combined with reduced maintenance levels, an estimated $24.0 million investment is required to improve existing infrastructure to current City standards without increasing roadway capacity. . The Preliminary Annexation Analysis outlines measures that could increase revenue, reduce service costs and favorably balance Study Area revenues and expenditures. These measures involve the following: 1. Formulate a City-wide municipal services plan that would outline the most cost effective means to locate and staff public safety personnel in order to service the significantly larger geographical area generated by annexing the Study Area. 2. Engage the County Redevelopment Agency in negotiations to attempt to gain 2 J 0 a significant portion of future Study Area tax increment revenue. This revenue C:\My Documents\WPDOCS\CCJH.008 could be pledged to underwrite the $24.0 million of existing infrastructure improvement needs, and the staff costs associated with improvement design and construction. 3. Negotiate with the Southern Coachella Valley Community Services District to obtain a Pass -Through of the CSD's assessments levied within the Study Area. 4. Increase lodging, resort and golf uses while reducing residential uses in the Study Area. Further, explore a residential land use alternative that embraces a low density rural development scenario versus a medium density suburban development scenario. Lodging, resort, and golf uses would generate significant non -property tax revenue that could be used to provide public services. Lower density rural residential development would result in reduced service levels due to a lower population. 5. Place the entire Study Area within the City's Sphere of Influence and enter into a pre -annexation agreement with Riverside County that provides the City the authority to review future Study Area development proposals and, as deemed appropriate by the City Council, annex such portions of the area as they develop, or when desired. This would reduce potential service and capital improvement cost burdens on existing General Fund resources. Staff is seeking City Council comment on the Preliminary Annexation Analysis and direction regarding areas for future study. Respectfully submitted, Jerro Herman, Community Development Director Approved for submission by, Thomas P. Genovese, City Manager Attachment: 1. Preliminary Annexation Analysis 151 C:\My Documents\WPDOC MI-1.008 CITY OF LA QUINTA ATTACHMENT 1 DESERT RESORTS REGIONAL AIRPORT AREA PRELIMINARY ANNEXATION ANALYSIS November 30, 1999 PREPARED BY: ROSENOW SPEVACEK GROUP, INC. � 5 2 540 NORTH GOLDEN CIRCLE, SUITE 305 SANTA ANA, CALIFORNIA 92705 005 PRELIMINARY ANNEXATION ANALYSIS DESERT RESORTS REGIONAL AIRPORT AREA TABLE OF CONTENTS Introduction......................................................................................................................................1 Executive Summary and Recommendations...................................................................................1 OperatingFiscal brtpacts................................................................................................................ 1 I- srr s rr r. ExistingSetting.................................................................................................................................4 Land Use and Development Potential ........ 4 Pre -Annexation Services....................................................................................................................5 GeneralServices........................................................................................................................... 5 CaintyofRire►s-ide Gewal Fund................................................................................................... 5 OtherService Providers................................................................................................................ 5 Cwq Rala elInvu Ageruy - Desert Ca comities Rafe d4yne it Pro* ........................................ 5 Smtbem Caod)db Valley Carmrnity Services District(SCVCSD).................................................. 6 Supervisorial Road District No. 4................................................................................................... 6 County Waste Reso m Mxwgwznt District................................................................................... 6 Ceq SenixArea 125 (CSA 125)............................................................................................. 7 Anticipated Post -Annexation Services and Impacts on City...............................................................8 GeneralFund............................................................................................................................... 8 Rewrues...................................................................................................................................... 8 Expenditures................................................................................................................................ 8 GasTax Fund.............................................................................................................................. 9 253 F:\RSG\LAQUINTA\ANNEXATION\REPORT2.DOC d 1 Capital Improvements NextSteps and Annexation Process................................................................................................10 ^54 F:\RSG\LAQUINTA\ANNEXATION\REPORT2.DOC 0 PRELIMINARY ANNEXATION ANALYSIS DESERT RESORTS REGIONAL AIRPORT AREA INTRODUCTION The City of La Quinta ("City") is contemplating annexation of the Desert Resorts Regional Airport and its environs ("Study Area") to capitalize on potential economic development opportunities arising from airport expansion and adjoining industrial and commercial development. The Study Area is located within unincorporated Riverside County ("County"), as depicted on Exhibit 1. If an annexation effort is pursued, the City must submit an application to the Riverside County Local Agency Formation Commission ("LAFCO"), which would include an analysis of the annexation proposal's fiscal impacts. This report presents a preliminary analysis of the fiscal impacts of annexation. Rosenow Spevacek Group, Inc. ("RSG") has developed this report to assist the City in assessing the effects of annexation and to outline a course of action to pursue the effort. The 13,277-acre Study Area is generally bounded by the La Quinta city limits to the west, Airport Boulevard to the north, Highway 111 and Polk Street to the east, and Avenues 60 and 62 to the south. This area also includes the community of Thermal located between Polk Street and the Coachella Valley Stormwater Channel, and Airport Boulevard and Avenue 58, as well as the 2,177-acre Kohl Ranch Specific Plan' area, generally located between Tyler and Polk Streets, and Avenues 60 and 68. EXECUTIVE SUMMARY AND RECOMMENDATIONS RSG's analysis concludes that, because of the City's significantly higher levels of municipal services, annexation of the Study Area would provide widespread service enhancements to Study Area residents and businesses. Areas of acute service enhancements include police, code enforcement, and public works maintenance. However, funding the City's higher service levels would necessitate development of substantially more revenue -generating resort, hospitality, commercial, and industrial uses than has been historically proposed for the Study Area. The fiscal impacts of annexation of the Study Area are summarized below: OPERATING FISCAL IMPACTS ISSUE: A majority of the Desert Resorts Regional Airport area is within the County's Desert Communities Redevelopment Project Area, and within a special assessment district. These two entities receive the majority of current and future Study Area property tax revenue. In addition, unlike the City, there are no anticipated sources of transient occupancy taxes within the Study Area; transient occupancy taxes constitute approximately 30% of the City's General Fund revenue base. Without these critical property and transient occupancy taxes, 1 Kohl Ranch Specific Plan No 303 and Environmental Impact Report No. 396 for Kohl Ranch, prepared by The Planning Center, May 13, 1996. ROSENOW SPEVACEK GROUP, INC. 1 PRELIMINARY ANNEXATION ANALYSIS NOVEMBER 30, 1999 CITY OF LA QUINTA r p li` �D the Study Area will not be able to generate sufficient revenues to support municipal service costs. FISCAL IMPACT: RSG projects a first year General Fund shortfall of $795,451, increasing to $984,442 by the tenth year and $2,020,055 by the twenty-fifth year following annexation of the Study Area. ■ POTENTIAL SOLUTIONS: ■ Amend City's Sphere of Influence to include entire Study Area, but annex areas incrementally as they develop to ensure that offsite improvement improvements are developed to the City's standards, as well as to limit service costs. ■ Negotiate with the County Redevelopment Agency to obtain future property tax revenues to support operational or capital improvement costs in the Study Area. Attempt to negotiate with the Southern Coachella Valley Community Services District to obtain a pass through of the assessments levied within the Study Area to generate approximately $1,250,000 of additional operating revenues by year 25. Formulate a Citywide municipal services plan that evaluates the most cost effective means to locate and staff public safety personnel in order to service the significantly larger geographical area of the City. ■ Increase lodging, resort, and golf uses to expand and diversify the sources of General Fund revenues within the Study Area. For example, RSG estimates that the $2,020,055 shortfall in year 25 could be alleviated by transient occupancy taxes generated by a 500- room resort hotel. Explore a reduction in residential densities in the Study Area that embraces a more rural character, thereby reducing service demands due to a lower population base. CAPITAL IMPROVEMENT FISCAL IMPACTS ISSUE: The Study Area requires substantial capital improvements to elevate roadways to the City's higher standards, as well as additional improvements to meet ultimate (buildout) demands. ■ FISCAL IMPACT: Based on projections from the City Public Works department, interim improvements to the City's standards could entail a $24 million expenditure. Ultimate improvement costs could reach nearly $56 million, for a total capital improvement need of $80 million. ■ POTENTIAL SOLUTIONS: Negotiate with the County Redevelopment Agency to obtain future property tax revenues to support the $24 million of interim capital improvement costs in the Study Area. 256 ROSENOW SPEVACEK GROUP, INC. 2 PRELIMINARY ANNEXATION ANALYSIS NOVEMBER 30, 1999 CITY OF LA QUINTA r9 �U Include entire Study Area into City's Sphere of Influence, and enter into a pre - annexation agreement with the County that provides the City the authority to review Study Area development proposals and annex such properties as they develop ■ Adjust City's Development Impact Fee program to fund $56 million of ultimate improvements caused by future development. DEVELOPMENT POTENTIAL ■ ISSUE: The market viability of the major development proposals in the Desert Resorts Airport area needs to be further investigated. As much as 1,329,773 square feet of additional retail space and 7,114,902 square feet of additional industrial space has been proposed in various projects. In addition, approximately 15,021 residential units have also been proposed in the Study Area. ■ FISCAL IMPACT: RSG has assumed that these developments, as proposed, would be incrementally implemented over the 25-year duration of the enclosed forecast. In addition, approximately 5,000 acres of the Study Area could further develop beyond the 25-year timeframe, further increasing the ultimate fiscal impact of annexation on the City. ■ POTENTIAL SOLUTIONS: Include entire Study Area into City's Sphere of Influence, and enter into a pre - annexation agreement with the County that provides the City authority to review Study Area development proposals and annex such properties as they develop. ■ Balance residential development with nonresidential (and higher -revenue generating) development in order for the Study Area to generate revenues to sustain service demands. 257 ROSENOW SPEVACEK GROUP, INC. 3 PRELIMINARY ANNEXATION ANALYSIS NOVEMBER 30, 1999 CITY OF LA QUINTA 1.40 EXISTING SETTING The Study Area is approximately 13,277 acres in size; and contains an estimated 505 residents. Major land uses in the Study Area are vacant, agricultural, and aviation uses. With the exception of Thermal, there are very few residential or commercial uses in the area. RSG estimates that there are less than 25 residential units outside of Thermal; a majority of these units are housing related to on -site agricultural operations. Thermal is more intensely developed, featuring older single family structures and a small collection of retail buildings at the southwest corner of Airport Boulevard and Highway 111. RSG estimates that Thermal's current population is approximately 458 persons, based on an average household size of 3.2 persons per each of the area's 143 dwelling units. LAND USE AND DEVELOPMENT POTENTIAL The Study Area is generally undeveloped, with the exception of the Desert Resorts Regional Airport and Thermal. Based on documents obtained through the City's Community Development Department, several developers have submitted plans for large-scale projects. In many cases, the projects have not progressed beyond the planning stage, and their market viability needs further investigation in order to assess the full fiscal impact of these projects. This Study assumes the three development proposals are completed within the 25-year perspective of the annexation analysis. In total, these developments account for roughly one half of the total Study Area; there may be additional development occurring within the Study Area that cannot be identified at this time. The three development projects analyzed in this Study are summarized below: The Palms: A 96-unit residential development oriented around an 18-hole golf coursez. The golf course is nearly complete, and RSG anticipates completion of the residential component within the three years. Magellan: Based on the Coral Mountain at La Quinta Specific Plana, this 1,251-acre development involves 7,585 units of low, medium and high -density residential housing, plus approximately 718,740 square feet of retail commercial development. The Coral Mountain Specific Plan envisions a 20-year buildout; no groundbreaking has yet been announced for this project. Kohl Ranch: Under annexation Scenario 3, Kohl Ranch would be in the City of La Quinta. Based on the Kohl Ranch Specific Plan approved by the County Board of Supervisors on November 16,1999, the project includes approximately 7,171 low, medium, and high density residential units, 597,034 square feet of retail commercial space, and 7,114,902 square feet of industrial, office and warehouse space. According to one news report on the Kohl Ranch project, the developer anticipates a 25-year buildout timeframe, starting in at least another 18 months. z Based on conversations with City and County staff. 3 Figures in current Coral Mountain Specific Plan were not available at the time of preparation of this Study and may differ somewhat from those presented here. Figures used were based on the prior specific plan for the Magellan project. ROSENOW SPEVACEK GROUP, INC. 4 PRELIMINARY ANNEXATION ANALYSIS NOVEMBER 30, 1999 CITY OF LA QUINTA 0,11 PRE -ANNEXATION SERVICES Several agencies provide the municipal services to the Study Area, as described below: GENERAL SERVICES COUNTY OF RIVERSIDE GENERAL FUND The County's General Fund provides most essential operational services in the Study Area. These services include basic law enforcement, planning/building, public works, and general government. There are no park or recreational facilities currently in the Study Area. The merged Desert Communities Redevelopment Project Area has an acute impact on municipal revenues generated within the Study Area. Because the majority of the area is located within the boundaries of the County's Desert Communities Redevelopment Project Area, the County's General Fund generates relatively few revenues to support service costs in this portion of the Study Area. Since 1986-87, all growth in property tax revenues is collected by the County Redevelopment Agency. RSG could not find any evidence of significant sources of taxable sales in the Study Area. No lodging facilities exist within the Study Area, so there are no sources of transient occupancy tax revenues. Other revenue sources are currently minimal, in that the area does not have a significant level of population or economic activity to generate state subventions, gas tax monies, or other tax revenues. Upon annexation, the City would be responsible for all municipal services provided by the County General Fund. Revenues would be shifted to the City pursuant to the Master Property Tax Agreement (City Council Resolution 83-28). The Master Property Tax Agreement provides that 25% of the County's property tax levy (outside the Redevelopment Project Area boundaries) is to be shifted to the City of La Quinta; all other tax revenues (sales, property transfer, etc.) are transferred to the City in their entirety. OTHER SERVICE PROVIDERS COUNTY REDEVELOPMENT AGENCY - DESERT COMMUNITIES REDEVELOPMENT PROJECT On December 22,1986, the County Board of Supervisors adopted the Redevelopment Plan for Desert Communities Redevelopment Project, thereby entitling the County's Redevelopment Agency to collect all future property tax revenue growth in the Project Area. The Project Area, which includes the merged Redevelopment Project Area No. 4 and the Airports-1998 Project Area, is comprised of numerous noncontiguous areas located throughout the County, totaling 26,809 acres. About 12,000 acres of the Project Area are located in the Study Area, including property between the La Quinta city limits and the Coachella Valley Stormwater Channel, and Airport Boulevard and Avenue 62. The County's Redevelopment Agency retains all property tax revenues in excess of amounts received in 1986-87. Upon annexation, tax increment revenue from any new development, increases in property values, or property sales within the Project Area would not be paid to the City. The Redevelopment Law provides that the County would retain redevelopment authority in this portion of the Study Area unless the City and County negotiated alternative arrangements. The City could negotiate with the County to capture all or a portion of the tax increment from the annexed area in exchange for the City to assume some redevelopment responsibilities. ROSENOW SPEVACEK GROUP, INC. 5 PRELIMINARY ANNEXATION ANALYSIS NOVEMBER 30, 1999 CITY OF LA QUINTA 259 0 12 SOUTHERN COACHELLA VALLEY COMMUNITY SERVICES DISTRICT (SCVCSD) Formed as an independent district by referendum in 1985, the SCVCSD provides supplemental sheriff services to the Study Area and greater Southern Coachella Valley region. Funding for the SCVCSD is provided through a combination of a special assessment and solid waste franchise fees. The special assessment is generated by taxes levied on all parcels in the district's jurisdiction, based upon the following formula: $1.00 per acre, with a minimum charge of $20 per parcel, plus ■ $66.00 per residential unit or $86.00 per nonresidential unit During fiscal year 1998-99, the SCVCSD budget anticipated collecting a total of $525,000 in special assessment tax revenues, of which RSG estimates that approximately $40,000 (81/6) is generated from the Study Area. In addition, the SCVCSD will collect $40,000 in solid waste district franchise fees for the entire SCVCSD territory in 1998-99. Approximately 95% of the revenues collected by the SCVCSD fund the supplemental sheriff contract, with the remaining 5% used to support administrative costs of the district. In the event that the City annexes the Study Area, the City would assume responsibility for sheriff services and collection of franchise fees. To do this, the City could negotiate with the SCVCSD to continue to collect and pass -through the assessment relating to the annexed area, or fund sheriff services through other City's General Fund revenues. (Since the electorate approved Proposition 218 in 1996, cities can no longer establish special assessments or fees to fund general governmental services, including police costs. As a result, the City cannot consider a tax or fee increase to fund this shortfall.) If the City is successful in obtaining a pass through of the SCVCSD's special assessment at the current rate structure, the City would collect additional operating revenues beyond what is included in this Study. At year 1, RSG estimates that these revenues would total approximately $40,000, increasing to $95,000 by year 5, $330,000 by year 10, and $1,250,000 in year 25. SUPERVISORIAL ROAD DISTRICT NO.4 The County Transportation Department also collects a small amount of property tax revenue from the Study Area for maintenance and construction of roads. Like all other taxing agencies within the boundaries of the Redevelopment Project Area, the majority of the Road District's 1.0% share of the property tax levy is retained by the County's Redevelopment Agency. The only revenue collected by the Road District within the Study Area is limited to the areas outside the Redevelopment Project Area boundaries (areas south of Avenue 62), and property taxes on the base year (1986-87) assessed value of the properties within the Redevelopment Project Area. Upon annexation, the City would be responsible for funding and undertaking road maintenance activities in the Study Area. COUNTY WASTE RESOURCE MANAGEMENT DISTRICT The County Waste Resource Management District appears on the County Auditor -Controller's breakdown of taxing agencies for the Study Area. According to the Executive Officer of LAFCO, this Waste Resource Management District currently functions as a department of the County to handle dumping and waste disposal. The Waste Resource Management District does not collect any property tax or special assessment revenues. ROSENOW SPEVACEK GROUP, INC. 6 PRELIMINARY ANNEXATION ANALYSIS 26C. NOVEMBER 30, 1999 CITY OF LA QUINTA 013 Upon annexation, the City would need to detach the annexed area from the boundaries of the Waste Resource Management District. COUNTY SERVICE AREA 125 (CSA 125) Governed by the County Board of Supervisors, CSA 125 provides street lighting and street light maintenance services to Thermal, as well as other outlying areas in the County. CSA 125 is funded by the general property tax levy; however, virtually all of CSA 125's revenue from Thermal is retained by the County Redevelopment Agency because it lies within the Redevelopment Project Area. If the City elected to annex Thermal, the City would be responsible for street light operations and maintenance, and would need to detach this area from CSA 125. Any property taxes generated by CSA 125 from within Thermal would be allocated to the City General Fund. (However, the majority of the property taxes from CSA 125 generated within Thermal would be retained by the County Redevelopment Agency.) 261 ROSENOW SPEVACEK GROUP, INC. 7 PRELIMINARY ANNEXATION ANALYSIS NOVEMBER 30, 1999 CITY OF LA QUINTA 014 ANTICIPATED POST -ANNEXATION SERVICES AND IMPACTS ON CITY Upon annexation, the City of La Quinta would be responsible for providing all municipal services to the annexed area. This report analyzes the forecasted marginal or incremental cost of City services, as well as the revenues that could be reasonably expected to fund such services. The funds impacted by annexation include the General Fund, Gas Tax and Capital Improvements Funds. A summary of these revenue and expenditure impacts projected in the first, fifth, tenth and twenty-fifth years of annexation is presented in Table 1. GENERAL FUND With the exception of road maintenance, most operational services would be provided through the City's General Fund. Revenues and expenditures projected for the Study Area are enumerated below. REVENUES Table 2 projects impacts to General Fund revenues. Upon development of the Palms clubhouse and other retail establishments, sales taxes could become a primary revenue source in the Study Area, as well as other per capita revenues such as motor vehicle license fees. As described earlier, most property taxes from the Study Area are retained by the County Redevelopment Agency. The market viability of commercial uses in the Study Area merits further investigation, given the fact that the majority of this space is concentrated in developments that have not progressed beyond the planning stage. Other sources of General Fund revenues include franchise taxes, document transfer taxes, AB 939 recycling fees, Proposition 172 supplemental sales taxes, fines and forfeitures, sales of publications and maps, and property transfer taxes. Other revenues not specifically identified in Table 2 (such as fees and licenses) are offset by service costs and excluded from this analysis. In the previous section, RSG described the special assessment currently levied by the SCVCSD, and delineated two alternatives regarding its disposition upon annexation. For this report, RSG assumed the City would not obtain special assessment revenue from annexed properties. EXPENDITURES Estimated annual General Fund expenditures are itemized in Table 3. The major operating expenditure for the Study Area would be police services provided through the City's contract with the County Sheriff. Based on discussions with the Sheriff's department, the City enjoys a significantly higher level of service than the Study Area. Currently, the Sheriff provides approximately 1 beat to the entire 101,000-acre SCVCSD area. Upon annexation, the Sheriff Department recommends that the City add at least 1 beat (equivalent to 5 officers) to provide adequate coverage and responsiveness in the Study Area, given that portions are so remote from the City. Other General Fund operating expenditures relate to City Clerk, Finance, Community Services, Building and Safety, Community Development, and Public Works maintenance functions. RSG's assumed service enhancements for these areas include incremental staffing and supplies increases to absorb the impact of the increased service demands from the annexed area. 262 ROSENOW SPEVACEK GROUP, INC. 8 PRELIMINARY ANNEXATION ANALYSIS NOVEMBER 30, 1999 CITY OF LA QUINTA �� l 5 GAS TAX FUND Upon annexation, the City's Gas Tax Fund would be entitled to state subventions pursuant to Sections 2105, 2106, 2107, and 2017.5 of the Streets and Highways Code. These revenues are apportioned to the City by the state on a per capita basis, except for Section 2107.5 subventions, which are determined by population thresholds. These funds could be employed by the City to underwrite road maintenance projects either in the annexed area, or elsewhere in the City. Table 4 summarizes annual Gas Tax Fund revenues. CAPITAL IMPROVEMENTS The City Public Works department conducted an analysis of Study Area roadway needs in September 1999. This analysis characterized public street improvement needs into two categories. The first is referred to as the "Interim Condition" which would result in improvements that elevate the condition of existing traffic lanes to the City's higher standards. Interim Condition improvements do not involve increasing of roadway capacity. The second category is the "Ultimate Condition" which involves improvements to increase capacity to accommodate future buildout. Together, the Interim Condition and Ultimate Condition improvements result in the total cost of roadway improvements in the Study Area. Currently, the City does not have a funding mechanism to construct these improvements. In general, RSG understands that the City may fund some of these costs through development exactions pursuant to the City's Development Fee Program. The extent that the Development Fee can accommodate these costs is not known at this time. Any shortfalls in Development Fees would either need to be deferred, or made up by the City, through other resources (such as state and federal grants and road fund revenues) used to fund capital improvements throughout the City. Indeed, the Study Area does not generate surplus operating revenues that can be pledged to meet infrastructure program needs in the Study Area. 213 ROSENOW SPEVACEK GROUP, INC. 9 PRELIMINARY ANNEXATION ANALYSIS NOVEMBER 30, 1999 CITY OF LA QUINTA , t NEXT STEPS AND ANNEXATION PROCESS If the City desires to pursue annexation of the Study Area, RSG recommends that the City first consider the market viability of revenue generating uses in the Study Area, such as hotels, regional retail space, wholesalers, and industrial space. These uses will be necessary to ensure that the City General Fund collects sufficient revenues to offset service costs. Otherwise, development of service -demanding residential uses will significantly curtail the ability of the City to meet service needs, and the City could be forced to consider a reduction in services in the Study Area, or an increase in taxes to support service costs. If the City desires to proceed with an annexation application, the City would need to do the following: 1) Amend the City's Sphere of Influence to include the proposed annexed area. 2) Enter into a pre -annexation agreement with the County of Riverside to provide the City the ability to review future development proposals, and facilitate future annexations of the Study Area as the area builds out. 3) Enter into negotiations with the County Redevelopment Agency to obtain a portion of the Redevelopment Project Area tax increment revenue attributed to the Study Area. 4) Attempt to negotiate a pass through of the SCVCSD special assessment levied within the Study Area to fund operational costs. 5) Prepare a plan for services that assesses current service providers, current City service levels, and the City services to be extended. 6) Prepare and submit a fiscal impact analysis that assesses the annexation's effects on both the City and the County. 7) Submit to LAFCO a reorganization application that includes the detachment of the Study Area from CSA 125 and County Waste Resource Management District. 8) Conduct at least one public workshop to discuss the annexation proposal with affected residents. 264 ROSENOW SPEVACEK GROUP, INC. 10 PRELIMINARY ANNEXATION ANALYSIS NOVEMBER 30, 1999 CITY OF LA QUINTA ,117 EXHIBIT 1 STUDY AREA MAP 265 018 hI M. C� I CAI 19 •: TABLE 1 - FUND SUMMARY Year 1 Year 5 Year 10 Year 25 KEY ASSUMPTIONS Residential Units 168 670 3,544 15,021 Residential Population (Permanent) 505 1,458 6,919 28,726 Retail Development (sq ft) 26,354 40,354 326,572 1,356,127 Industrial Development (sq ft) 36,667 323,041 1,998,119 7,151,569 GENERALFUND Revenues $ 101,975 $ 218,427 $ 1,502,796 $ 8,415,427 Expenditures 897,426 1,125,728 2,487,238 10,435,481 Revenues Less Expenditures $ (795,451) $ (907,301) $ (984,442) $ (2,020,055) GAS TAX FUND Revenues $ 9,031 $ 26,072 $ 124,705 $ 514,617 Expenditures n/a n/a n/a n/a Revenues Less Expenditures n/a n/a n/a n/a CAPITAL IMPROVEMENT FUND (Cumulative Costs) Interim Improvement Cost $ - $ 23,804,059 $ 23,804,059 $ 23,804,059 Ultimate Improvement Cost - - 56,556,276 56,556,276 Total Cost $ - $ 23,804,059 $ 80,360,335 $ 80,360,335 267 020 2U TABLE 2 - GENERAL FUND REVENUES Year 1 Year 5 Year 10 Year 25 Taxes Property Tax General Fund $ 1,667 $ 1,805 $ 21,431 $ 670,527 CSA 125 Minimal Minimal Minimal Minimal Document Transfer Tax 3,492 7,043 28,784 148,912 Sales Tax 60,482 100,247 895,702 5,005,959 Proposition 172 Sales Tax 1,512 2,506 22,393 125,149 Transient Occupancy Tax - - - - Franchise Tax 8,163 25,508 133,627 746,707 Subtotal $ 75,317 $ 137,109 $ 1,101,936 $ 6,697,254 Licenses and Fees Business License Fees $ 1,000 $ 6,500 $ 41,000 $ 150,000 Other Licenses & Fees Cost Offset Cost Offset Cost Offset Cost Offset Sale of Maps and Publications 109 340 1,780 9,944 Subtotal $ 1,109 $ 6,840 $ 42,780 $ 159,944 Intergovernmental Motor Vehicle License $ 22,507 $ 64,975 $ 308,293 $ 1,280,022 Fines & Forfeitures 956 2,988 15,652 87,462 AB 939 (Recycling Fees) 2,085 6,516 34,135 190,745 Subtotal $ 25,549 $ 74,478 $ 358,080 $ 1,558,229 Total $ 101,975 $ 218,427 $ 1,502,796 $ 8,415,427 ()01 269 TABLE 3 - GENERAL FUND EXPENDITURES Year 1 Year 5 Year 10 Year 25 Public Safety Sheriffs Contract $ 627,984 $ 720,626 $ 1,711,755 $ 8,603,363 General Government Legislative $ - $ - $ - $ - City Manager - - - - Econ. Dev. Contract Services - - - - Econ. Dev. All Other - - - - Subtotal $ - $ - $ - $ - City Clerk Services and Supplies $ 1,400 $ 4,375 $ 22,918 $ 128,063 All Other - - - - Subtotal $ 1,400 $ 4,375 $ 22,918 $ 128,063 Finance Fiscal Personnel $ - $ - $ 54,669 $ 98,881 Fiscal Services and Supplies - - 6,468 10,403 Fiscal Capital Equipment - - - - Central Services -Svc & Sppls - - 64,680 104,034 Central Services -All Other - - - - Subtotal $ - $ - $ 125,817 $ 213,319 Community Services Administration $ - $ - $ - $ - Recreation - - 12,936 20,807 Senior Center - - 46,355 83,844 Subtotal $ - $ - $ 59,291 $ 104,651 Building & Safety Administration $ - $ - $ - $ - Code Compliance 58,211 64,254 80,245 145,140 Animal Control (Net) 1,251 3,909 20,480 114,440 Building & Safety -All Other - - - - Subtotal $ 59,462 $ 68,163 $ 100,724 $ 259,580 Community Development Admin.-Contract Services - - - - Admin.-All Other - - - - Planning - 151,119 188,726 341,354 SCAQMD - - - - General Plan Amendment 50,000 - - - Subtotal $ 50,000 $ 151,119 $ 188,726 $ 341,354 Public Works Administration $ 1,500 $ 1,624 $ 1,940 $ 3,121 Development & Traffic - - - - Street Maintenance 114,345 126,215 157,626 285,102 Landscape & Lighting Maintenance - - - - Subtotal $ 115,845 $ 127,839 $ 159,566 $ 288,223 Subtotal 854,691 1,072,122 2,368,799 9,938,553 Contingency (5%) 42,735 53,606 118,440 496,928 Total $ 897,426 $ 1,125,728 $ 2,487,238 $10,435,481 270 02"2 TABLE 4 - GAS TAX FUND REVENUES Year 1 Gas Tax Subventions Section 2105 $ 3,046 $ Section 2106 1,722 Section 2107 4,263 Section 2107.5 - Year 5 Year 10 Year 25 8,793 $ 41,719 $ 173,217 4,972 23,592 97,955 12,307 58,393 242,446 - 1,000 1,000 Total $ 9,031 $ 26,072 $ 124,705 $ 514,617 TABLE 5 - CAPITAL IMPROVEMENT FUND PROJECT COSTS (Cumulative Costs) Year 1 Year 5 Year 10 Year 25 Interim Condition 11 Local Street $ - $ 6,088,673 $ 6,088,673 $ 6,088,673 Secondary Arterial - 3,745,694 3,745,694 3,745,694 Primary Arterial - 13,969,692 13,969,692 13,969,692 Major Arterail - - - - Subtotal $ - $ 23,804,059 $ 23,804,059 $ 23,804,059 Ultimate Condition 2l Local Street $ - $ - $ 5,805,834 $ 5,805,834 Secondary Arterial - - 7,528,464 7,528,464 Primary Arterial - - 43,221,978 43,221,978 Major Arterail - - - - Subtotal $ - $ - $ 56,556,276 $ 56,556,276 Total $ - $ 23,804,059 $ 80,360,335 $ 80,360,335 11 Assumes buildout to City's higher improvement standards. Assumed to be constructed by the fifth year of annexation 21 Assumes buildout to ultimate improvement standards. Assumed to be constructed by the tenth ye of annexation 272 �j24 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 7, 1999 CONSENT CALENDAR: ITEM TITLE: Discussion of La Quinta Historical,STUDY SESSION: Society Museum PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Acquisition costs for the Museum are subject to negotiations with the La Quinta Historical Society. The relocation option, if pursued, could cost up to an additional $305,000, depending upon the extent of site preparation. CHARTER CITY IMPLICATIONS: The City's charter city status may yield a savings on future labor expenses associated with site preparation, relocation, or expansion of the existing facility. BACKGROUND AND OVERVIEW: City staff has had preliminary discussions with the La Quinta Historical Society regarding possible acquisition of the La Quinta Museum located at the southeast corner of Avenida Montezuma and Avenida Mendoza. The Society, in these discussions, has asked the City to identify "definitive plans" for future use of the Museum should the City acquire the facility. The City Council has determined that public input is essential in determining the proper course of action relative to the City's future role with the Museum. In an effort to explore alternatives for possible future use of the Museum, staff forwarded the matter to the Historical Preservation Commission at its regular meeting of November 17, 1999. In general, Commission Members supported public acquisition and expansion of the Museum facility at its current location (Attachment 1). In addition, staff forwarded correspondence to the La Quinta Historical Society requesting formal comment from the Society on preferred plans for the Museum. (Attachment 2). The Society called a special meeting for December 2, 1999 273 to discuss the matter. Staff will verbally report on the Society's response during the staff report. This matter has been placed on today's agenda as a Study Session item to allow a forum for public comment and City Council consideration of possible future plans for the La Quinta Museum. Alternatives include, but are not limited to: 1. Explore options to acquire and expand the Museum at its current location. The existing site owned by the Historical Society includes three lots totaling approximately 12,000 s/f (Attachment 3). Staff has estimated that a single story facility of 4,600 s/f with 15 parking spaces may be possible on the site. Two-story construction may be possible but would require further analysis. 2. Explore options to acquire the Museum and investigate the possible availability of property in the vicinity for future expansion. This may include making an offer to acquire property west of the Museum and/or vacating Avenida Mendoza (Attachment 4). 3. Explore options to acquire and relocate the Museum to a vacant lot west of the Senior Center and expand the facility at that site. This property is approximately 15,680 s/f and could accommodate approximately a 6,000 s/f single story building with 20 parking spaces. A museum use would require a General Plan amendment and Change of Zone. Relocation is estimated to cost up to $125,000 with site preparation, depending upon scope (i.e., parking lot size, driveways, contingencies, etc.), costing up to an additional $180,000 (Attachment 5). 4. Explore options to acquire and relocate the Museum to the Civic Center Campus and expand the facility at that site. The City is currently preparing 'a Civic Center Master Plan and would have considerable flexibility in siting and sizing a future Museum (Attachment 6). Relocation costs would remain a factor. 5. Do not acquire the facility. Respectfully submitted, ci G Q__ Mark Weiss, Assistant City Manager Approved for submission by: � ^ w `Thomas P. Genovese, City Manager Attachments: 1 . Summary of the Historic Preservation Commission comments regarding the possible acquisition, use, location and expansion of the Historical Society Museum 2. Letter dated' October 25, 1999 to the La Quinta Historical Society requesting formal comment from the Society on preferred plans for the Museum 3. Existing Museum Site 4. Existing Museum Site/Expanded 5. Senior Center/RDA Lot 6. Civic Center Plaza Concept Plan 75 w On? ATTACHMENT 1 c&'�v 4 4 Q" MEMORANDUM To: Mark Weiss, Assistant City Manager From: Christi di Iorio, Planning Manager (P tv Via: Jerry Herman, Community Development Director Date: December 1, 1999 U Subject: Summary of the Historic Preservation Commission comments regarding the possible acquisition, use, location and expansion of the Historical Society Museum The Historic Preservation Commission, at its November 17, 1999 meeting, reviewed and provided comments on possible acquisition of the Historical Society Museum. Several issues were raised in the staff report, each was discussed by the Commission. All agreed that City acquisition of the museum was beneficial in that this would allow the Historical Society to shift their focus from paying the mortgage to enhancing the educational programs and expanding the exhibits. As to potential future uses of the museum, all were requesting consideration of including a "qualified"curation facility. Lastly, the Commission did not recommend moving the building to a new location as they did not want to either compromise its structural integrity or historic context. Attachment 005 BI #E HISTORIC PRESERVATION COMMISSION STAFF REPORT DATE: NOVEMBER 17, 1999 ITEM: REVIEW AND COMMENT ON THE POSSIBLE ACQUISITION, USE, LOCATION AND EXPANSION OF THE HISTORICAL SOCIETY MUSEUM LOCATION: THE SOUTHEAST CORNER OF, AVENIDA MONTEZUMA AND AVENIDA MENDOZA APPLICANT: CITY OF LA QUINTA BACKGROUND: The City Council requested the Historic Preservation Commission review and comment on the possible acquisition, use, location, and expansion of the Historical Society Museum located at the southeast corner of Avenida Montezuma and Avenida Mendoza. Regarding the first two issues, acquisition and use, does the Commission recognize any advantages in the Museum being a publicly - owned facility? If so, should its use be expanded to include paleontological and archaeological finds; agricultural and homestead history; arts, entertainment and cultural heritage; golf history and other uses? Comments should also be given as to possibly moving the Historical Society Museum building, to either the Civic Center Campus, or the parcel located at the northeast corner of Avenida La Fonda and Avenida Buena Ventura, immediately west of the Senior Center. Consideration of the relocation by the Commission is due to the museum buildings' listing on the City's Historic Survey with a National Register of Historic Places status code "5S1". This designation means that the building is not eligible for the National Register, but is eligible for local designation. The California Environmental Quality Act requires that a resource eligible for, or included in, a local register of historical resources shall be presumed historically and\or culturally significant. Relocation may be considered an adverse change in the significance. The building is historically significant because the building provided real estate office space for sale of Cove properties. Located immediately to the east is another historic building that served as the lumber yard for the houses in the Cove. Together these buildings maintain an historic context. As stated in the U.S. Department of the Interior document titled "Moving Historic Buildings" "Moving a historic building is sometimes the only way to save it from demolition, but such an action should be undertaken only as a last resort when all other preservation options have been exhausted. When a historic building has been moved, it loses its integrity of setting and its `sense of place and time' - important aspects of the historic character of a building and its environment." 009 A third issue for Commission consideration: even if the building is moved or retained in its present location, is there a need for additional square footage beyond the buildings 819 square feet. Consideration shall be given to the Secretary of Interior's Standards for Rehabilitation if new buildings, or if additions to the existing building are proposed. These standards will help to ensure preservation of the distinctive character of the historic building and its site, while allowing for reasonable change to meet new needs. The Standards encompass not only modifications to the building exterior, but also related landscape features and the building's site and environment. Additionally, new construction shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment RECOMMENDATION: Provide comments to the City Council regarding the' possible acquisition, use, relocation and expansion of the Historical Society Museum. Prepared and Submitted by: Lck"llf,A(, -61�x�, Christine di Iorio, Planning Manager nwn 007 P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 October 25, 1999 La Quinta Historical Society c/o Mr. Joseph Irwin 44-065 Camino La Cresta La Quinta, California 92253 Dear Mr. in: 11 J_4,� ATTACHMENT 2 (760) 7 7 7 - 7 0 0 0 (TDD) (760) 777-1227 The City of La Quinta continues to consider options specific to possible acquisition of the Museum located at the Southeast Corner of Avenida Montezuma. Pursuant to your request, the City is specifically considering alternative plans for future use of the facility. These options may include, but are not necessarily limited to: 1. Acquire and expand the Museum at its current site. The existing site owned by the Historical Society includes three lots totaling approximately 12,000 s/f. Staff has estimated that a single story facility of 4,600 s/f with 15 parking spaces may be possible on the site. Two-story construction may be possible but would require further analysis. 2. Investigate potential for acquiring additional space adjacent to the current site and expand accordingly. This may include making an offer to acquire property west of the Museum and/or vacating Avenida Mendoza. 3. Acquire and relocate the Museum to a vacant lot west of the Senior Center and expand the facility at that site. The property is approximately 15,680 s/f and could accommodate approximately a 6,000 s/f single story building with 20 parking spaces. A Museum use would require a General Plan Amendment and Change of Zone. Relocation and site preparation is estimated to cost approximately $200,000. 4. Acquire and relocate the Museum to the Civic Center campus and expand the facility at that site. The City is currently preparing a Civic Center Master Plan and would have considerable flexibility in siting and sizing a future Museum. Relocation costs would remain a factor. The City Council believes that citizen input is important in determining future plans for the Museum. With that in mind, staff will be forwarding the matters of Museum acquisition, location, expansion and use to the La Quinta Historic Preservation Commission on November 18, 1999 for review and comment. Similarly, the City Council seeks formal comment from the La Quinta Historical Society by way of Motion or Resolution relative to the Society's preferences regarding future plans for the Museum. Ill La Quinta Historical Society c/o Mr. Joseph Irwin Page 2 October 25, 1999 The City appreciates the La Quinta Historical Society's cooperation and interest in discussing the Museum's future. The Society's comments may be forwarded to: Mark Weiss Assistant City Manager City of La Quinta P. O. Box 1504 La Quinta, CA 92253 Questions may be referred to Mark at (760) 777-7035 or me at 777-7100. Thank you. Sincerely, Thomas P. Genovese City Manager TPG:csb cc: Mayor City Council Mark Weiss, Assistant City Manager Jerry Herman, Community Development Director ... 280 SrOnMira7� -- %.- VOW."" -- 3 i gyp© � 0 7 S O G O • w s 7 ATTACHMENT 3 O u r2 r w J c w i 76 r0/N3Ar man.—ti F/ h r M 00 ® J J 076w t cn cn cn Ow ♦ cn d e i 0 J r 0 h o 281 1n 010 Total building s/f Fenced rear yard 1,023.47 s/f - 35'-6" x 28'-10" 302 s/f - 17'x 17'9" ( 181.50) s/f - 16'-6" x 11'-0" ( 14.20) s/f - 35'6" - 30'-2" =5.33 x 5.33/2 = 14.20 s/f ( 3.64) s/f - 2'-9" x 2 = 5.50 x 3.1416 = 17.28/2 819.13 s/f 17' -9" 91-0,1 0 0 Concrete ' .slab 1 16'-6" 2'-0" _ l N 22'-10" 12' -4" 0 3 N 1 Cn O M O i R R 2' -9" '. . Sidewalk - o FLOOR PLAN i /"�8' -011 LA QUINTA HISTORICAL SOCIETY MUSEUM BUILDING 77-885 Avenida Montezuma La Quints CA 92253 282 Oil ATTACHMENT 4 o' b` ----� MOON-;,w VO/N3AV .. •► LF/ lee P' 07 ~ •t" Y 4� • / O w h ♦ � I1� � b �,� r,�� • �0 0 Q- ''� -rr— IVit b Q 0 •, O O ` ♦ 7 w �' h •i • O r ; f /oii�s opryigr/ � l A ►' 1 � I rl � dw 1 e . a O C of ' • _� �..� •f- .! Pr \ \ w - - 09Sd'73A -�ci` ir- VO/N3i1C -- w • o. O e� a b`'••= cm Lei y� hie i 0 IJ y of 2stiy d . 283 012 SENIOR CENTER 1 Puy a..•a.ff.. _ I a I Jt'[rr f[ � ff e(I rr,r I { I I o11/ � x['Irr I is Mr Q I �$ rr'Ifi e 7 70LQ —F s�v3s3o = ATTACHMENT 5 a o cc a� i ►. m LU W y o h W cn Q 1 1 o C 1 4 Q O00' � I rI N IJ I ON N M_ w LAJ W .f O -- - SVONN16/3E t/O/1V3A7T- - %N %•. 8 4 �013 ATTACHMENT 6 r all U a Ip I slit F. �• ,�I R� F . AL Ib ( O 5 014 REPORT/INFORMATIONAL ITEM: -,+ CULTURAL ARTS COMMISSION MINUTES October 14, 1999 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:03 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Hull presided over the meeting. Commissioner Reynolds led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Susan Benay Commissioner Kathryn Hull (Chairperson) Commissioner Leslie McMillan Commissioner Jackie Rasmussen Commissioner Elaine Reynolds Commissioner Rosita Shamis (Vice Chairperson) MEMBERS ABSENT: Commissioner Jan Blakley STAFF PRESENT: Dodie Horvitz, Community Services Director It was moved by Commissioner Reynolds/Shamis to excuse Commissioner Blakley from the meeting due to illness. Unanimous. II. PUBLIC COMMENT - None III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of September 9, 1999 There was one minor correction to the Minutes of September 9, 1999. B. Art in Public Places Financial Report for September 1999 - Received and filed. C. Monthly Department Report for August & September 1999 - Received and filed. It was moved by Commissioner Reynolds/McMillan to accept the Minutes of September 9, 1999 as corrected, and the remaining items on the Consent Calendar as submitted. Unanimous. V. PUBLIC HEARING - None G:\MyData\CRISTAL\CAC\CACM1N.10-14.wpd 218 6 VI. BUSINESS ITEMS A. Calle Estado Mural Project Update Staff reviewed the report with the Commission. Mr. Richard Jantz from the Chamber of Commerce would like to wait until improvements are done on Calle Estado before pursuing the art mural project. The Commission concurred. This item will be brought back to the Commission when the time is appropriate. B. Civic Center Campus Master Plan Staff reviewed the report with the Commission. Staff has been working on getting drinking fountain and water feature information from various companies. Ms. Horvitz reminded the Commission of a Special Meeting on October 29 to visit the studio of Louis De Martino to view the art piece already commissioned for the Civic Center Campus. Ms. Horvitz informed the Commission that the City Council has recommended recognizing Colonel Mitchell Paige who is a Medal of Honor recipient that lives in La Quinta. Ways to recognize Colonel Paige could be with a star, a bust, or a plaque. The Commission discussed various ways to honor Colonel Paige. It was suggested to invite him to the next Commission meeting to get input from him, including what he received the medal for. Staff will contact him. It was moved by Commissioner Benay/McMillan to invite Colonel Paige to the next meeting to discuss his recognition at the Civic Center Campus. Unanimous. Chairperson Hull asked who was available to attend the Special Meeting and suggested everyone meet at 9:30 AM at City Hall and car pool to Anza. Commissioner Rasmussen will not be able to attend, but she will drive up earlier in the week to see the piece. Mr. De Martino will be providing lunch after the tour on October 29. Mr. Tom Doczi, landscape architect for TKD Associates will be meeting the Commissioners there to view the art piece as well. The Commission watched a video from Waterworks International which advertised water features. The Commission liked the Jumping Jewels, the hand wash stations, the Rainbow Tunnel, and the fish. Ms. Horvitz reviewed the price list for the items. Maintenance issues will be incorporated into the plan. _ Ms. Horvitz will contact the company and get locations of these water features, and then contact those who purchased them for their comments. Chairperson Hull suggested that it would be helpful for Tom Doczi to see the video. C. Artist Partnership Day Commissioner Shamis informed the Commission of the speakers for La Quinta Middle School and La Quinta High School for Artist Partnership Day on October 27 and 28. Lunch will be provided after the presentations at the Citrus Country Club and various Commissioners will attend as well. Ms. Horvitz will contact the schools for permission to bring news media to the campus for coverage, and then will contact the media. It was moved by Commissioner Benay/Reynolds to authorize Commissioner Shamis/Hull/Reynolds/McMiIlan to attend the Artist Partnership Day presentation and luncheon. Unanimous. 0 G:\MyData\CRISTAL\CAC\CACMIN.10-14.wpd " I D. November Meeting Date The Commission discussed rescheduling their next meeting due to the legal holiday on November 11. It was moved by Commissioner Reynolds/McMillan to select November 18 as the next Commission Meeting date. Unanimous VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Commissioner Handbook Staff distributed the Commissioner Handbooks to the new Commissioners, and will mail the updated information to Commissioner Reynolds and Commissioner Shamis. B. Dia De Los Muertos Celebration - Received and filed. C. Letter from Chairperson Hull regarding Art & Humanities Month Chairperson Hull received Resolutions from La Quinta Historical Society and Music Teachers of the Desert. Ms. Horvitz presented the Proclamation signed by the Mayor in honor of National Arts and Humanities 1999. It will be displayed at City Hall during the month of October. D. National Arts & Humanities Month Participation Form Chairperson Hull has had articles printed in the Desert Sun, and Commissioner Blakley made and distributed flyers to various businesses regarding National Arts and Humanities Month. E. King County Public Art Program Information - Received and filed. Chairperson Hull received information on the Americans for the Arts Conference in Los Angeles, California, June 10 - 12, 2000. This will be placed on the next agenda to select a representative from the Commission to attend. Vill. COMMISSIONER ITEMS Chairperson Hull reported on the valley wide art steering committee. A draft proposal which includes goals, objectives, and mission statement will be presented to the Cultural Conference when it meets again in January or February in Palm Springs. If it is well received it will take the next step. The proposed (recommended) name is the Coachella Valley Arts Alliance. Chairperson Hull also said she had received information on KTLA Kids Day L.A. Ms. Horvitz distributed information staff received from La Quinta On Stage which updates the Commission on their progress. Chairperson Hull gave Commissioner McMillan some background information on the show. Commissioner Reynolds suggested everyone stop by the new business on Calle Tampico and see the mural on the wall. Chairperson Hull congratulated Commissioner Reynolds on the success on the new gallery. R.. G:\MyData\CRISTAL\Cac\CACM1N.10-14.wpd U , 3 Commissioner Benay is moving to Escondido and will be resigning from the Commission. She thanked everyone for all they have done and wished the Commission well in the future. Ms. Horvitz asked her to write a letter of resignation to the City Council. Commissioner Benay told the Commission about a networking program connecting artists with businesses. The Commission liked the idea and asked Commissioner Benay to keep them informed. Commissioner Reynolds said the Arts Foundation and the Arts Association are working together by sharing each others information. Ms. Horvitz informed the Commission that the teachers that attended the McCallum Institute will be at the November 16, 1999 City Council meeting to update them on their experience with the program. IX. ADJOURNMENT It was moved by Commissioner McMillan/Reynolds to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:03 p.m.. NEXT MEETING INFORMATION November 18, 1999 7:00 PM La Quinta Civic Center Study Session Room • Americans for the Arts Conference, June 10-12, 2000 • Civic Center Campus - Louis De Martino Studio Tour - Colonel Paige recognition Submitted by: kL(4 Cristal Spidell, Commission Secretary R � GAN1yData\CRISTAUCAC\CACMIN.10-14.wpd 2" 9 U 4 TO DEPARTMENT REPORT: A" t U 5 CF�1 OF �sV TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager �/� I DATE: December 7, 1999 RE: Department Report — Response(s) to Public Comment The following is the response to public comments made at the November 16, 1999 City Council meeting: 1. Ms. Audrey Ostrowsky, P.O. Box 351, addressed the City Council regarding traffic circulation on Avenida Montezuma. • No additional response was necessary. 2. Ms. Gertrude Cheney, 54-255 Avenida Carranza, addressed the City Council regarding the need for wide covered disabled parking at the Senior Center. • During the City Council meeting, Ms. Cheney was assured that the upcoming construction of covered parking at the Senior Center includes space for wide disabled parking. 3. Mr. Robert Tyler, 44-215 Villeta Drive, addressed the City Council regarding temporary signage along Jefferson Street. • Public Works and Code Enforcement staff are working together to resolve this issue, and Mr. Tyler has been contacted regarding same. 4. Ms. Carol Bishop, Truman School Principal, Rosita Shamis, Cultural Arts Commissioner, and Lois Giannopulos, Grant Administrator for the McCallum Theatre Institute, made a presentation to the City Council regarding the McCallum Theatre Institute. • No additional response was necessary. 5. Mr. Carter Childs addressed the City Council regarding the recent increase in dog license fees for unaltered dogs. • No additional response was necessary. 290 T' DEPARTMENT REPORT:T4VI 4 V _ OF 19� TO: The Honorable Mayor and Members of the City Council FROM: Mark Weiss, Assistant City Manager DATE: December 7, 1999 RE: Department Report - Marketing Program Status Report This report provides an interim status report on the Fiscal Year 1999-2000 Marketing Program. Economic Development Infomercial and Television Commercials The economic development infomercial played on local cable stations for a period of ten days in November. It will resume airing in mid -January and play through early April. The infomercial air schedule is included as Attachment 1. The infomercial is fourteen minutes long, so it is played twice during a thirty -minute segment with the economic development commercials played between the airings. Several realtors have called to purchase the infomercial to use in marketing La Quinta, and staff has made them available for minimal cost. The three ten -second and the one thirty-second economic development television commercials aired for two weeks in November. The ten -second spots aired on KESQ and the thirty-second spot aired on KMIR. The commercials will resume airing in mid -January and play through the end of March. The airing schedules for the commercials are included as Attachment 2. In addition to the local airings, the infomercial and commercials will be shown on Orange County and Los Angeles County cable stations starting in late January. The schedule for these regional airings will be forwarded to the City Council upon receipt. Inland Empire Economic Partnership To assist in the City's regional marketing efforts, the City has joined the Inland Empire Economic Partnership (IEEP). The cost for one-year membership was $2,500. The membership includes a full -page feature on La Quinta in the IEEP Fact Book that is printed in hardcopy and CD-ROM, with worldwide distribution to 291 corporate real estate executives, site selectors, companies and the media via direct mail and industry trade shows. In addition, the CD-ROM will include a six -minute video clip on La Quinta. Kiner/Goodsell is creating the video clip by editing portions of the infomercial. Membership also includes the receipt of all leads, site search assistance and full participation in the IEEP regional marketing program. The Cities of La Quinta and Palm Springs are the only two Coachella Valley city members; therefore, La Quinta and Palm Springs will receive all leads pertaining to the Coachella Valley. The IEEP "Benefits of Membership" Sheet is included as Attachment 3. Street Decorations/Video Mailing An idea surfaced at the Chamber of Commerce Business Retention Committee meeting to direct mail copies of the infomercial with marketing materials to the homes in the exclusive country clubs, with homes priced over $1,000,000, in La Quinta, Indian Wells and Palm Desert. Kiner/Goodsell has researched this idea, and proposed that the City re -direct the $6,577 allocated in the marketing budget for street decorations to the direct mail program. A memo from Kiner/Goodsell is included as Attachment 4. There are some logistic difficulties with the street decorations given that there are not many light poles along Washington Street and The Village area is scheduled to be under construction for most of next year. The Marketing Plan submitted by Kiner/Goodsell contained a suggestion that the program be deferred. Research will still be completed to determine concepts, options and costs for a future street decoration program. Builder/Architect Magazine The editor of Builder/Architect invited the City of La Quinta to write an article for the January issue of the magazine. The article focuses on commercial development within the City primarily along Highway 1 1 1 and in The Village. Parades The City is scheduled to participate in the Tamale Festival Parade on December 4 in Indio, the Festival of Lights Parade- on December 4 in Palm Springs, the Coachella Christmas Parade on December 11 in Coachella, and the Date Festival Parade on February 21 in Indio. The float will be the same float used in the Palm Desert Golf Cart Parade. Holiday lights will be added for the Festival of Lights Parade and Christmas decorations will be added for the Coachella Christmas Parade. Shop/Dine La Quinta There are thirty-three participants in the Shop/Dine La Quinta program. The list of participants is included as Attachment 5. The Shop/Dine card and brochure mailer were scheduled to be mailed to all residents in November. However, by early November, there were only nineteen participants. Staff asked Kiner/Goodsell to contact each of the restaurants and retailers by telephone regarding program participation. This outreach resulted in fourteen additional participants; however, it pushed back the timing of the mailing. As a mailing in December would compete with holiday mail and shopping, Kiner/Goodsell recommended that the Shop/Dine card and mailer be rescheduled for mailing on January 4, 2000. Additional cards will be available at City Hall and the Chamber of Commerce. Television, radio and newspaper will be utilized to advertise the program. Live La Quinta Kiner/Goodsell is currently contacting residential home developers regarding sponsorship opportunities in the Live La Quinta program, which is scheduled for the Bob Hope Classic weekend, January 22-23, 2000. Economic Development Ad The new economic development print ad will appear in the Bob Hope Classic Program. Kiner/Goodsell is researching national print media opportunities for placement of the economic development ad. Construction Update Kiner/Goodsell designed a construction update ad, which is being updated each month and run in The Gem newsletter. A direct mailer updating the residents on the City's construction projects is scheduled to be mailed to all residents by mid - December. Auto Mall Grand Opening Promotion The City will be participating in the Auto Mall grand opening through a City-wide promotion with the retailers and restaurants welcoming the Auto Mall to La Quinta. The grand opening will be held February 10-14, 2000. Copies of all ads/advertorials/commercials are available in the City Manager's Office. 293 Attachments: 1. Infomercial Schedule 2. Commercials Schedules 3. IEEP "Benefits of Membership" Sheet 4. Kiner/Goodsell Memo 5. Shop/Dine La Quinta Participants List 294 295 11/117/1999 12:28 760773171-50 K11Jck uUUUbt"L ATTACHMENT 1 30 Minute Shaw Air Schedule November 15, 1999 - April 1, 2000 La Qulnta Program & Spots Date Time (Pram -To) Channel 11-17 (Wed) 9pm-9:30pm 4 11-20 (Sat) 9am-9:30am 4 11-20 (Sat) 7pm-7:30pm 11 11-24 (Wed) 9pm-9:30pm 4 11-27 (Sat) 9am-9:30am 4 11-27 (Sat) 7pm-7:30pm 11 1-19-00 (Wed) 9pm-9:30pm 4 1-22 (Sat) gam-9:30am 4 1-22 (Sat) 7pm-7:30pm 11 1-26 (Wed) 9pm-9:30pm 4 1-29 (Sat) 9am-9:30am 4 1-29 (Sat) 7pm-7:30pm 11 2-2 (Wed) 9pm-9:30pm 4 2-5 (Sat) 9am-9:30am 4 2-5 (Sat) 7pm-7:30pm 11 2-9 (Wed) 9pm-9:30pm 4 2-12 (Sat) gam-9:30am 4 2-12 (Sat) 7pm-7:30pm 11 2-16 (Wed) 9pm-9:30pm 4 2-19 (Sat) 9am-9:30am 4 2-19 (Sat) 7pm-7:30pm 11 2-23 (Wed) 9pm-9:30pm 4 11-17-99 13:29 RECEIVED FROM:7607731750 (j P.02 29C II/I /11-,•tb ULIi - ,l..JL 2-26 (Sat) 2-26 (Sat) 3-1 (Wed) 3-4 (Sat) 3-4 (Sat) 3-8 (Wed) 0-11 (Sat) 3-11 (Sat) 3-15 (Wed) 3.18 (Sat) 3-18 (Sat) 3-22 (Wed) 3-25 (Sat) 3-25 (Sat) 3-29 (Wed) 4-1 (Sat) 4-1 (Sat) 11-17-99 13:29 gam-9:30am 7pm-7:30pm 9pm-9:30pm 9am-9:30am 7pm-7:30pm 9pm-9:30pm 9am-9:30am 7pm-7:30pm 9pm-9:30pm gam-9:30am 7pm-7:30pm 9pm-9:30pm 9am-9:30am 7pm-7:30pm 9pm-9:30pm gam-9:30am 7pm-7:30pm 4 11 4 4 11 4 4 11 4 4 11 4 4 11 4 4 11 RECEIVED FROM:7607731750 111. 0 3 ?J� ATTACHMENT 2 r g� � w N o `C m cD N d G S o ;;� zr m 0 c N co O w� �c wCL oCD v 0 T (D cn c c.n pr O 3 w W w �C m p W 0 g Q Q O w j � -4 Program Air Time Day Today Show N N N N weekday.00am KMIR TV News 6:00pm-6:30pm weekday KMIR Evening to 6.30pm-8:00pm N N N N N N N N N N weekday KMIR TV News 11 pm-11:35pm r .• , weekday KMIR Day time 5:OOam-1:00am N N w N N N N N N N N N weekday 11-17-99 15:34 AM News 5:55am-9:00am N N N N N -+ f woekdsy Most the Press 1 7:00am-8:00am -- j — i I I Sunday KMIR News 6A0pm-6:30pm Sunday RECEIVED FROM:7607731750 w m w� N p� O o CA N CD CD (D m ,r crN ro o o -r 2 -v u, o- Un z tv � N N c3D v �n w c- CL :3 N r A 3 c- m z w w T-n 1 (D C:3 U N -`) 79 m m f N � x -n CD a N �n N (p :u a� P.02 lli'17i'1994 12:25 76077 d 50 The spots* will air once per week in rotation (weeks.of Nov 15, Nov 22, Jan 17, Jan 24, Jan 31, Feb 7. Feb 14, Feb 21, Feb 28, Mar 6, Mar 13, Mar 20) on each of the stations listed below for a total of four airings per week. TV3 6PM News TV3 11 PM News TV3 6:00 Report TV3 11 PM News 6:00p-6:30p weekday 11:00p-11:30p weekday 6:00p-6:30p saturday 1 1.00p-1 1:30p saturday * Each station will receive all three :10 second spots. Each spot will air four times over the 12-week run. 11-17-99 13:32 RECEIVED FROM:7607731750 299 P-05 INLAND EMPIRE ECONOMIC PARTNERSHIP Benefits of Membership ATTACHMENT 3 Public Sector Investors The Inland Empire Economic Partnership is the region's only private, non-profit regional economic development organization with the goal of building on the numerous strengths offered by our region and communicating our Southern California positioning as the "Location for Innovation." We have created and are implementing a plan for aggressive and responsible development of the region's economy. The ability to sell our two counties as a powerful region comes from the investments made by private sector companies, together with the public sector (cities/counties). As public sector members/investors of the Inland Empire Economic Partnership, your benefits include: • Receipt of all leads generated by the IEEP and California Trade & Commerce Agency, allowing your city to respond with available sites or buildings; • Ability to market your city through our regional efforts to companies who might otherwise not know of your city's existence; • "Community Profile" page provided on each city with sites submitted to clients, allowing each city to be marketed in the same manner; • Participation in Red Team efforts for business retention; • City/county information included in Fact Book; • The ability to expand your city's public presence; • Marketing for filming opportunities in your city/county by I.E. Film Commission, including: e-mail production requests - filming web -site link - film production guide - cooperative advertising opportunities - film industry trade -show participation • Marketing for tourism opportunities in your city/county by I.E. Tourism Council, including: - quarterly tourism events - tourism consulting services - tourism resource library for media use - tourism web -site link - regional adventure/visitor guide • Access to regional/local data collected regarding high-tech job development; • Access to information and business assistance provided by Small Business Development Center; • Receipt of IEEP's Quarterly Economic Report; • Receipt of IEEP's Monthly Clipboard Newsletter, which lists significant commercial real estate activity as well as IEEP program updates and activities; • Eligibility to have your city participate in the REACH health insurance purchasing coalition; • Access to demographic information, staff assistance and custom research through the IEEP staff; • Direct participation in managing the future economy of the region, and gaining recognition for doing so; • The ability to participate as a member of the Community Partners, a committee made up of public sector members who help guide the IEEP's marketing efforts; • Web site hyper -link from IEEP web page to your city/county web page; • Networking and idea exchange opportunities with other economic development professionals in the two - county region; • Networking opportunities with private -sector members; • The ability to participate on IEEP's sub -committees such as Government Affairs, Economic Development, Education, Investor Relations, etc. • Invitations to all IEEP events, including membership luncheons and business forums; • General assistance to your city of the type provided to companies interested in relocating into the Inland Empire. Annual Membership: Cities: $.25 per capita, or $2,500 flat rate for cities with populations under 25,000. For additional information, please contact Teri Ooms or Meredith Maloney at: INLAND EMPIRE ECONOMIC PARTNERSHIP 301 E. Vanderbilt Way, #100 - San Bernardino, CA 92408 a O O (909) 890-1090 Fax (909) 890-1088 t� Scott M.Kiner V760-773-1750 MU11/23/99 0,12:15PM i')2l2 Y70m the 'Desk o� cott /R. Ki'nez ATTACHMENT 4 %�Znel �L�oodseCCdvetisin5 760.773.0290 • 760.77 j.17 SO(f,Ix) • X4J,1dt,@4a01.ecnri November 22, 1999 To: Linda Coyle City of La Quinta Re: Street Decorations (COLA-8035) One of the projects on our agenda for the fiscal year is the purchase of decorative event signage for the city. Originally, these decorations were planned for existing and new promotions in The Village at La Quinta. Due to road construction leading into The Village and the planned improvements to the streets in The Village, the City Council concluded that new events be postponed to next year. For these same reasons, I would like to propose that the street decorations be postponed and that the funds be re -allocated to other economic development marketing. In addition, the decorative lamps that are planned for Calle Estado are designed to accommodate banners that should be included in this project as well. Please don't hesitate to call me if you have any questions or want to discuss this in greater detail. I certainly believe these funds would be better applied to a direct mailing of the new La Quinta Economic Development Infomercial to residents in exclusive gated communities like the Vintage and Eldorado. Please advise if you would like more input on this proposal. Sincerely, SMK 301 11-23-99 13:15 RECEIVED FROM:7607731750 P•02 Z0'd 9SLTELL69L:KOU3 GRAIROAH c m 2 rL U � tC dl V O Q Of a N C 3 C1 O_ pOp �T ❑ O v N O � X O C a C Cl G C tQ s .Q CLo n_ m m m ; m Y o �+ o w- 19 y Cc, Y z O ca G 7 O C y 0 dt 409, 0c gi o � N e C e o W 0 1° m m O (D o a U w Q N x 06 �10 m oy Luc. CL coc E N o N c a c E Q CD o V) cC 41 y m m m EE o � to E Q, � #3IE � w N E co a .c L m m m `° c o o° c E N a s $ c _ m 0 L o N m O '�"' m c a1°i o a' `n a) obi o a a m CL G 'm E t m d 0 o 6 pq w ai o 90 gyp} tl) L_q V t O C C7 s, m N m r dj m y (rA i V •Q ` tll O g cc � O CL a d L G C c O m V w d O m 7 p` d 7 O a. % Z71 a an d c0 m �1S p w m � •� � 5 E >. t K m a c c a E 5 CL a' o� Tef m m m O v r ro r c m am W v, ce O n ., 20 a tm � L � c a c m O U d7 E _9 ; •to p O C N N_ 0, 2 m tcf O m 61 O # r a C0 > �' c ca CL Q 0 3> 2 o f m e c m o n1 yyyO fry^� m 4 3 } Q7 `O C m cu jy e6 Q cz T n �j O O W a O g �0 aidm (C�ait0 0) °m=Uc °oaa'o° oo0000ca oaorm)6 oc�0 0 LL y o g ya Q„9ee �om ��9 0 0 CDrtLrH L. U_ CM LL co to U- NCcn 40.3, CD NrN r 6E=TT 66-CZ-TT ATTACHMENT 5 Cl L EE c co pf �• C jctn C a C mcc d c ❑_ G L) o C7 o U H Ncr @ _ x 3 jO� x �y mO U cn -0 0c C CCO -S §T�t � Qd - 30 Y19 CC u ca t o 20cccnv9NH-t--E-> QQ[pppU Wma5JJ ZO 39vd-n3S0009 d3NIA 05Lt0LL091 8 Ot h66t/�Z•Itt DEPARTMENT REPORT: C" DECEMBER 7 DECEMBER 11 DECEMBER 11 DECEMBER 14 DECEMBER 16 DECEMBER 17 DECEMBER 21 JANUARY 4 JANUARY 6 JANUARY 18 JANUARY 19 - 23 CITY COUNCIL'S UP -COMING EVENTS CITY COUNCIL MEETING COACHELLA CHRISTMAS PARADE EMPLOYEE RECOGNITION DINNER HOLIDAY OPEN HOUSE SENIOR CENTER HOLIDAY LUNCHEON CIVIC APPRECIATION LUNCH HOSTED BY KS L CITY COUNCIL MEETING CITY COUNCIL MEETING MAYOR'S LUNCH CITY COUNCIL MEETING BOB HOPE CHRYSLER CLASSIC FEBRUARY 1 CITY COUNCIL MEETING FEBRUARY 4 MAINSTREET MARKETPLACE FEBRUARY 15 CITY COUNCIL MEETING 303 MARCH 3 MARCH 7 MARCH 16 - 19 MARCH 21 Ii u : oua l MAINSTREET MARKETPLACE CITY COUNCIL MEETING LA QUINTA ARTS FESTIVAL CITY COUNCIL MEETING MAINSTREET MARKETPLACE APRIL 4 CITY COUNCIL MEETING APRIL 18 CITY COUNCIL MEETING MAY 2 CITY COUNCIL MEETING MAY 16 CITY COUNCIL MEETING MAY 23-25 ICSC CONFERENCE IN LAS VEGAS Updated: December 2, 1999 c: mydocumentskcevents 002 ``� 3'0 4 December 1999 Monthly Planner 2 13 4 November 99 January S M T W T F S S M T W 1 2 3 4 5 6 7 8 9 10 11 12 13 2 3 14 15 16 17 18 19 20 9 10 17 4 5 6 7 8 11 12 13 14 1516 18 19 20 21 22 21 22 23 24 25 26 27 23 24 25 26 27 28 29 28 29 30 30 31 5 7 8 9 .10 Tl 16:00 PM CVAG 2:00 PIVI City :9:00 AM RCTC- 12:00 PM Employee Recog- i Exec.Com-Pena Council i Pena Energy/Envi- 1 nition Dinner Meeting 5:30 PM Invest- Sniff merit Advisory 7:00 PM Cultural Board Arts Commission: 12 �13 14 45 16 1 17 18 9:30 AM CVAG 7:00 PM C.V. 112-00 PM CVAG 3:30 PM Historic 12:00 PM KSL Public Safety- Mosquito Human/Com- Preservation Employee App- Perkins Abate. -Perkins 1 Adolph Commission reciation 12:00 PM CVAG 7:00 PIVI Plan- Luncheon Transp-Perkins ning Commis- Q 7:00 PM Commu- sion Meeting nity Services Commission 1:00 PM - 6:00 PM Holiday Open House 19 120 21 122 23 24 25 9:00 AM CVB- Henderson i4:00 PM DRRA Airp-Henderson Christmas Eve Christmas 2:00 PM City (Holiday) Council Meeting it 26 28 i29 30 31 2:30 PM RCTC New Years Eve Budget -Pena (Holiday) 6:00 PM CVAG Exec.Com-Pena Printed by Calendar Creator Plus on 12/02/1999 30tar January 2000 Monthly Planner Printed by Calendar Creator Plus on 12/02/1999 306 February 2000 Monthly Planner TITIM nratTo ft 1111610 Nxl on", i Its r. 11,A11111111 2:00 PM City Council Meeting 7 8 9 10 11 12 7:00 PM C.V. '9:00 AM RCTC- 12:00 PM Mosquito Pena Energy/Envi- Abate.-Perkins 5:30 PM Invest- Sniff 7:00 PIVI Plan- ment Advisory 7:00 PIVI Cultural ning Commis- Board Arts Commission I sion Meeting 13 14 15 16 17 19 9:30 AM CVAG 9:00 AM CVB- 3:30 PM Historic Public Safety- Henderson Preservation Perkins 2:00 PM City Commission 12:00 PM CVAG Council Transp-Perkins Meeting 17:00 PM Commu- nity Services Commission 20 21 22 23 24 25 26 President's 7:00 PIVI Plan- 112:00 PM CVAG Day ning Commis- 1 Human/Com- Holiday sion Meeting I Adolph 14:00 PM DRRA Airp-Henderson 27 .28 29 2:30 PM RCTC Budget -Pena January March PM CVAG S M T M W T F S T 7 Ir2. S M T W T F S Exec.Com-Pena 2 3 4 1 5 6 7 8 6 7 8 4 1 2 3 4 5 6 7 8 9 10 11 5 1 9 10 11 16 17 18 3 1 4 5 12 13 14 15 19 20 21 2 2 12 13 14 15 16 17 18 2 8 23 24 25 8 9 26 27 28 29 9 �5 19 20 21 22 23 24 25 0 31 30 1 Printed by Calendar Creator Plus on 12/02/1999 6 27, 28 29 30 31 v 307 DEPARTMENT REPORT. _ � oz4U rY CF`y OF W O TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR DATE: DECEMBER 7, 1999 SUBJECT: REPORT ON THE COST AND CITY REGULATIONS REGARDING A POTENTIAL ELECTRONIC READER BOARD At a previous City Council .meeting under Council Items, Council Member Sniff raised the issue of electronic reader boards. At the conclusion of the discussion, Council instructed staff to determine whether reader boards are permitted under the City's current sign regulations and the potential costs. City Regulations Under the current sign regulations, rotating, revolving or otherwise moving signs and animated or flashing signs are prohibited. However, under the Definition of "animated and flashing signs", public service message center signs are excluded. The definition of a public service message center sign is an electronically, or electrically, controlled sign, or a portion of a larger sign which conveys only such information as time, date, temperature atmospheric condition, or general news information where different, alternating copy changes are shown on the same lamp bank matrix. Therefore, a public service message center sign is permitted in the City (Attachment 1). Cost Staff contacted the Palm Springs Air Museum and a sign company for information regarding the cost and installation of these signs. The Air Museum indicated their sign cost approximately $40,000 installed. Quiell Bros. Signs identified a price of $68,082.50 for an electronic display sign. This cost includes the fabrication, installation, and computer to operate the sign. The two days of training would be an additional cost of $1,300. An illustration is provided which shows what the sign could potentially look like (Attachment 2). CAMy Documents\WPDOCS\CCJH-DPT RPT.wpd 308 ATTACHMENT 1 9.160.100 Prohibited Signs. The signs and displays listed in this Section are prohibited. Such signs are subject to removal by the City at the owner's or user's expense. Prohibited signs include the following: 1. Any sign not in accordance with the provisions of this Chapter; 2. Abandoned signs; 0 Rotating, revolving, or otherwise moving signs; 4. Trailer signs and other signs with directional arrows affixed to vehicles which are used exclusively or primarily for advertising, unless specifically permitted. 5. Flags, banners, pennants, streamers, spinners, festoons, windsocks, valances, or similar displays, unless specifically permitted in this Chapter; ( 69 Animated or flashing signs; 7. Portable signs, unless specifically permitted in this Chapter; 8. Off -premise signs, unless specifically permitted in this Chapter; 9. Billboards or outdoor advertising signs; 10. Signs which identify or advertise activities which are illegal under federal, state, or local laws in effect at the location of such signs or activities; 11. Building -mounted signs placed on or above the roof or above the eave line of any structure; 12. Signs which purport to be, are an imitation of, or resemble an official traffic sign or signal; 13. Signs which, by reason of their size, location, movement, content, coloring, or manner of illumination may be confused with or construed as a traffic -control sign, signal, or device, or the light of an emergency vehicle, or which obstruct the visibility of any traffic or street sign or signal device; 14. Signs that create a potential safety hazard by obstructing clear view of pedestrian or vehicular traffic; 15. Signs located upon or projecting over public streets, sidewalks, or rights -of -way (unless specific approval has been granted); 16. Signs attached to utility poles or stop signs or other municipal sign structure. 17. Balloon signs, inflatable animal or other figuresi or other inflatable displays, whether tethered or not, 18. Signs located closer to overhead utility lines than the minimum distance prescribed by California law, or by the rules duly promulgated by agencies of the state or by the applicable public utility. 19. "For Sale" signs affixed to vehicles parked on public right-of-way or on any vacant property. 20. Neon signs, except those specifically approved as an activity's major identification sign; 21. Signs drawn or painted onto or otherwise affixed to trees or rocks unless specifically permitted in this Chapter; 22. Advertising statuary; 309 23. Any temporary sign or banner, unless specifically permitted in this Chapter; } U 3 9.160: SIGNS C. "Advertising statuary" means an imitation or representation of a person or thing which is sculptured, molded, modeled, or cast in any solid or plastic substance, material, or fabric and used to identify or advertise a product or service. D. "Advertising vehicles" means any vehicle or trailer on a public right-of-way or public property or on private property so as to be visible from a public right-of-way which has attached thereto, or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business. Public buses or taxis are exempt from this prohibition. LE)"Animated sign" means any sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. Excluded from the definition are public service message center signs and flags. F. "Attraction board" means a sign capable of supporting copy which is readily changeable without the use of tools, such as a theater marquee, and which refers to products, services, or coming events on the premises.. . G. "Banner" or "banner sign" means a sign hung either with or without frames, possessing written communication applied to nonrigid paper, plastic or fabric of any kind. H. "Billboard means an off -premise sign with changing advertising copy or other changing copy. I. "Bulletin board" means a board, kiosk, or wall area on which are affixed personal notices, lost - and -found notices, business cards, and similar small informal notices referring to products, services, activities, or other items not offered on the same premises. The term bulletin board shall not include business identification signs or attraction boards. J. "Building -mounted sign" means a sign affixed to a building, painted directly on a wall, or erected against the wall of a building. Building -mounted signs include awning signs, fascia signs, mansard roof signs, wall signs, window signs, projecting signs, and under -canopy signs,. K. "Business" means a commercial, office, institutional, or industrial establishment. L. "Canopy" means a fixed structure of any material and any length, projecting from and connected to a building and/or columns and posts from the ground, or supported by a frame extending from the building and/or posts from the ground. M. "Construction sign" or "future facility construction sign" means a sign containing information pertaining to a future development on the site where the sign is located, including the name of the project, the developer, contractor, financing source, future occupant(s), and other information directly related to the development. 310 Uv4 CAMy Documents\WPDOCS\zoupdate-Sign.wpd 160-23 9.160: SIGNS Il. "Off -premise sign" means a structure which bears a sign which is not appurtenant to the use of the property where the sign is located or a product sold or a service offered upon the property where the sign is located, and which does not identify the place of business where the sign is located as a purveyor of the merchandise or services advertised upon the sign. Some temporary signs are not defined as off -premises signs as used within this Chapter. JJ. "On -premise sign" means a sign referring to a person, establishment, merchandise, service, event, or entertainment which is located, sold, produced, manufactured, provided, or furnished on the. premises where the sign is located. KK. "Parapet wall" means a wall extending above the roof plane of the building. LL. "Permanent sign" means any sign which is intended to be and is so constructed as to be a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position and in a permanent manner affixed to the ground, wall or building, provided the sign is listed as a permanent sign in this Chapter. MM. "Political campaign sign" or "political sign" means a sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a forthcoming public election, referendum, initiative, or to the advocating by persons, groups or parties of political views or policies. NN. "Portable sign" or "mobile sign" means a sign made of any material, which, by its design, is readily movable and is equipped with wheels, casters or rollers or which is not permanently affixed to the ground, structure or building, or a sign upon a vehicle or trailer used as a stationary advertising display, the primary purpose of which is to serve as a base or platform for the sign. (Also includes sidewalk or sandwich board signs). 00. "Projecting sign" means any sign with two parallel faces no more than eighteen inches apart projecting twelve inches or more from the wall or eaves of a building. No guy wires, braces, or secondary supports are visible. PP. "Private Property" means any property other than public property. QQ. "Public Property" means any real or personal property in which the City or any other governmental entity or any publicly regulated utility company possesses an ownership interest. Public property shall include, without limitation, any street, sidewalk, curb, curbstone, street lamp post, hydrant, tree, tree stake or guard, railroad trestle, electric light, power, telephone or telegraph wire, pole or appurtenance thereof, any fixture of a fire alarm or police telephone or telegraph system, any lighting system, public bridge or wall, drinking fountain, life buoy, life preserver, lifesaving equipment, street, sign, traffic sign or signal, street median, public park, or other publicly owned property or structure. "Public service message center sign" means an electronically or electrically controlled sign or portion of a larger sign which conveys only information such as time, date, temperature, atmospheric condition or general news information where different alternating copy changes are shown on the same lamp bank matrix. 311 Ur5 CAMy Documents\WPDOCS\zoupdate-Sign.wpd 160-26 CUSTOMER APPROVED SIZE, DESIGN, COLOR By: Date: DO TO LIMITATIONS OF THE PRINTING PROCESS COLORS MAY VARY ON FINISHED PRODUCT. ATTACHME 5ca l e 3/4'=1' NOTE: This original unpublished drawing is created by and is the sole proper, Quiel Bros. Electric Sign Service Co., Inc., excepting only included existing TradeFR: Britt Wiloon PHONE NUMBER: Z(0'0-7T/-71DO & Woodcut Prints. Said drawing is submitted only in connection with a project ;itV of La Quinta planned for you and the business you represent, and is not to be exhibited to ar— 78495 GaIIe TamRico • La QUlnta outside your organization or reproduced, or copied by anyone, unless authori: p is obtained from an officer of Quiel Bros. Electric Sign Service Co., Inc., in w •: City of La Quinta (99645-A).cdr _ 11-11-99 SERVICE NUMBER:lffN: Paul B. JOB NUMBER: - CALIPORNIA ELECTRIC SIGN A880CIATION INTEMATIM ANASSO(IATINN ON: Bruce Adams DRAWING NUMBER: 99645-A 2 312 I SIGNS BY SINCE 1961 ' 760-777-7100 272 SOUTH I STREET, SAN BERNARDINO, CALIF. 92410 PH. 909-885-4476 FAX 909-888-2239 CONDITIONAL SALES AGREEMENT THIS AGREEMENT, made NOVEMBER 18, 1999 between QUIEL BROS. ELECTRIC SIGN SERVICE CO., INC., Seller, and CITY OF LA QUINTA/BRITT WILSON , Purchaser, of 78495 CALLE TAMPICO, LA QUINTA, CA 92253. WITNESSETH: 1. SELLER agrees to sell and Purchaser agrees to purchase and pay for the electrical display hereinafter referred to as "Display' in accordance with the specifications and as hereinafter set forth. 2. PRICE: The price of Display shall be $68,082.58payable as follows: 3. TERMS:; $23,000.00 down balance payable as follows: $45,082.58 payable at completion 4. SPECIFICATIONS: As per QUIEL BROS. Print #:99654-A Date: 5. TITLE: Ownership of Display shall remain in Seller until all of the payments are made, and all of the conditions herein contained are fully complied with. Neither the loss of, injury to or destruction of Display or institution of suit or procurement of judgment thereon, while in the possession of Purchaser or its agents, shall operate as payment or as a transfer of title to Purchaser. 6. PATENT PROTECTION: Seller agrees to defend and indemnify Purchaser against any and all claims for violation of patents arising from use of Display, in an amount not exceeding the aggregate purchase price hereunder. 7. DEFAULT: These premises are upon the condition that in the event of a breach by Purchaser of any of the covenants and agreements herein contained or if during the term of this agreement, or any extension thereof, bankruptcy or insolvency proceedings are commenced by or against Purchaser, or if Purchaser makes an assignment for the behalf of creditors, or if a receiver is appointed to take possession of the business of Purchaser, or if action is taken to accomplish this end, or it Purchaser discontinues business in the premises where Display is located, or sells or files, or there is filed on his behalf, notice of intention to sell in bulk, or transfers said business or a material part thereof, voluntarily or involuntarily, Seller, at its option and without notice to Purchaser, may declare the entire unpaid balance of the purchase price hereunder immediately due and payable, or Seller may without notice to Purchaser declare all of Purchaser's rights under this agreement terminated, and without demand first made and with or without legal process, immediately take possession of Display and hold same, together with title thereto. Should Seller take possession of Display, all rights of Purchaser under this agreement shall immediately terminate and all payments therefore made hereunder shall belong absolutely to Seller as compensation for the depreciation in value and for the use of Display, and Purchaser shall pay to Seller all installments then delinquent under this agreement, upon any such termination Seller may, but shall not be obligated to do so, sell Display at public or private sale, without demand for performance, with or without notice to Purchaser (if given, notice mailed to Purchaser's business address as given in this agreement begin sufficient), with or without having Display at the place of sale, and upon the terms and in such manner as Seller may determine and Seller may bid at any such sale. If the proceeds from said sale added to the payments therefore made by Purchaser hereunder, do not total the amount required to be paid by Purchaser hereunder, plus the cost of retaking and reselling Display, Purchaser agrees to pay Seller, on demand, such deficiency. In case Seller shall employ an attorney to recover Display or collect any sum due under this agreement, Purchaser promises to pay such additional sum as and for actual attorney's fee, court costs and related charges. All overdue payments shall bear interest at the rate of I I%% per month. 8. BUILDING PERMITS AND APPROVALS, ENGINEERING AND INSPECTIONS, IF REQUIRED: Extra time and material or by customer. 9. ACCEPTANCE OF AGREEMENT: This agreement including Paragraphs 11 through 20 on the back of this page, shall not be considered as executed until signed by or on behalf of User and approved by an executive of Owner and signed by him on Owner's behalf. Purchaser authorizes Quiel Bros. Electric Sign Service Co., Inc. to obtain a credit report if deemed necessary. It is hereby further declared, agreed and understood that there are no prior oral or written negotiations, understandings, representations or agreements between the parties not herein expressed. 10. USER SHALL PROVIDE SERVICE FEED WIRES OF SUTABLE CAPACITY TO LOCATION OF DISPLAY IN ADVANCE OF INSTALL DATE. OWNER: QUIEL BROS. ELECTRIC SERVICE CO., INC PURCHASER CITY OF LA QUINTA BRITT WILSON Mike Clark gy BY Executive Officer Title Title Date GUARANTEE: For value received I or we, the undersigned, jointly and severally, hereby absolutely and unconditionally guarantee prompt payment by User of all monies due and payable under the foregoing Sales Agreement, at the dates and for the purposes therein stated, and the performance of all other undertakings by User as therein provided, including reasonable attorney's fees. As Guarantor(s) it is understood that the obligations herein provided shall be binding upon and enforceable against the heirs, assigns, successors, and personal representative of each of the Undersigned. Each undersigned agrees that no notice of acceptance by Owner of this Guarantee shall be required of Owner, waives notice of any default, and consents to any changes or modification hereafter made by Owner and User. gy Guarantor SALES - SERVICE - LEASING - MAINTENANCE - CRANE SERVICE - NEON 313 Calif. Contractors License No. 217345 00 v CONDITIONAL SALES AGREEMENT - Continued 11. REMOVAL OF DISPLAY: Display shall at all times be deemed personal property, and shall not by reason of attachment or connection to any realty, become or be deemed a fixture or appurtenance to such realty and shall at all times be sever able there from, and shall be and remain at all times the property of Seller, free of any claim or right of Purchaser, except as set forth therein. Seller shall have the right to enter the premises to inspect, repair, or remove Display. 12. DELIVERY AND PERFORMANCE: Seller shall commence the construction of Display and prosecute the work thereon with due diligence until completion. All obligations to be performed by Seller hereunder, shall be subject to delay or failure resulting from war, fire, labor disputes, unforeseen commercial delays, Acts of God, regulations or restrictions of the Government or public authorities, or other accidents, forces, conditions or circumstances beyond its control. 13. WAIVER OF BREACH: Time and the punctual performance of each and all of the terms, provisions and agreements thereof are of the essence of this agreements, except as herein otherwise expressly provided, no waiver by either party hereto of the non-performance of breach of any term, provision, condition or agreement thereof or of any default there under shall be construed to be, or operate as, a waiver of any subsequent non- performance, breach or default. 14. TRANSFER OF AGREEMENT: All of the terms, provisions and agreements thereof shall be binding upon the successors, assigns of legal representatives of the respective parties hereto; provided, however, that the interest of Purchaser herein shall be transferable only with the written consent of Seller. 16. PERMITS AND LICENSES: Purchaser shall obtain and maintain at Purchaser's expense and risk all necessary permits and licenses from public authorities, from the owner of the premises upon which Display is to be installed and from all others whose consent is necessary for use and/or existence of Display. 16. SERVICE WIRING, COST OF ELECTRICITY: REINFORECEMENT OF BUILDING: Purchaser shall bring feed wires of suitable capacity and approved type to the location of Display, and shall pay for all electrical energy used by Display and shall be responsible for the supply thereof. Unless specifically stated in writing to the contrary, Purchaser shall provide all necessary reinforcements to the building on which Display is install 17. MAINTENANCE: It is agreed that any maintenance included herein shall be, and consists only of the following; any guarantees stated below do not cover Acts of God or vandalism. WARRANTIES: Seller warrants the display against defective workmanship in construction and assembly for one year from date of shipment or installation, if installation is made by the Seller. Additionally, Seller will replace defective components manufactured by others for 90 days from date of shipment or installation by Seller. Normal labor charges will apply to any work after 90 days. 18. ABNORMAL INSTALL/UNUSUAL DIGGING: Through wall installation is assumed to be normal stucco, wood, or soft brick facing. If unique circumstances inside wall are discovered by installer or if unusual digging conditions (i.e.: ledge, water, etc.) are encountered in ground installation, this contract is binding; however, an additional cost will be added to the contract price. 19. "Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any questions concerning the responsibilities of a contractor may be referred to the Registrar of the Board whose address is: Contractors' State License Board, 1012 "N" Street, Sacramento, CA 95814." 20. DESCRIPTION OF WORK: Manufacture and install one (1) 1 V-9" x 8'-2" double face rout out aluminum letters backed with plex vinyl color sign. One (1) double face System 7000 4'-2" x 10'-9" message center. System 7000 has three (3) lines with 5 watt bulbs (includes over the phone training). EXTRA: TWO DAY TRAINING IS AN EXTRA COST TO THIS AGREEMENT AT $1,300.00. Install in grass area. Electrical by others. Any additional labor, design, development, etc., not specifically stated in this agreement is not included in the sales agreement price. Additional work will be charged on a time and material hourly rate. Permits are time and material extra if needed. CLIENT INITIALS DATE 314 0Cs Department Report No.�S 1 POLICE REPORT Inside this issue: October Significant Activ- ity Report La Quinta Target Team Oc- tober Report School Resource Officer Reports for October Fiscal Years 1995-1999 Crime Statistics Summary Statistical Points of Interest from Crime Statistics Summary: • Rapes and Felony Sex Crimes up over past five years — See report for de- tails. • Robbery reports increasing at a percentage higher than population growth. • Burglary incidents are show- ing a definite 5-year down- ward trend — 36%decrease from 1995. • Non Injury Traffic accidents have increased dramatically over the past five years. OCTOBER 1999 Police Report Begins a New Format This month's report transi- tions a new reporting cycle. Beginning with next month, each report will cover a two month period — Activ- ity, Target Team and SRO Highlights for the prior month and reporting statis- tics from two months prior. For example, under the new format, this month's report would contain high- lights for October and sta- tistics for September. The additional time for statisti- La Quinta Police Unit proudly displays our unique partner- ship with the Riverside County Sheriffs Department cal reporting is needed to retrieve and analyze data S Years in La Quinta: City Crime Statistics As you know, it would be impossible for me to quan- tify all the factors influenc- ing crime reporting for the City of La Quinta. Suffice it to say that City population has grown over 17% and you have added a couple more Deputies to patrol. Service per capita is within the accepted standard for the County of Riverside. The report indicates sev- eral areas worth noting. Rapes and felony sex crimes show significant percentage increases and the major reason can be attributed to the new legis- lation — the increased re- porting requirements and stiffer penalties beginning in 1997. It is likely that many previous incidents went unreported. Robbery reports seem to be increasing at a percent- age higher than population growth. This is to be ex- pected (not to be confused with accepted), due to the increase in commercial property. Businesses are still the primary venue for this particular crime. It's interesting to note that felony assaults are up and misdemeanor assaults are down by somewhat similar percentages. It's my per- sonal opinion that the Three Strikes Law and tougher spousal/child abuse legislation is impact- from the new RMS System. Since you received Sep- tember statistics in the last report, I have substituted a 5-Year Statistical Summary in place of the monthly sta- tistical report. The brief analysis that fol- lows does not attempt to cover all mitigating and aggravating factors. The report is divided by fiscal years to better correspond with the contractual proc- ess. ingthe plea bargaining process and previous mis- demeanors are now car- ried as felonies. The best news is in the area of burglary reports. Increased population, new construction, and traffic corridor mobility combine to suggest that we should expect large burglary num- bers. Instead, burglary incidents are showing a definite downward trend — over 36%from beginning cycle figures. As some of you are inti- mately aware, vehicle theft reports seem to be in- creasing; however, actually there is no trend. The re- 315 Page 2 Crime Statistics (Continued from Page 1) porting period shows marked fluctuation and FY98-99 is not significantly higher than the reports for FY94-95. Numbers for both misde- meanor and felony theft re- ports are down. Fluctuations during the past years do not provide any clear patterns. Vandalism is another area where each year seems to fluctuate a great deal. One or two active vandals can signifi- cantly skew report statistics — which then plummet when they are apprehended. Two other areas I would like to highlight are the non -injury traffic collisions and traffic citations. With accidents in- creasing over 88%, it is easy to justify this fiscal year staff- ing increase for traffic offi- cers. The 45% increase in citations does not yet include a full year of activity by the new traffic positions. And to finish the highlights on a positive note — Even with over 1000 additional calls for service, routine and emer- gency response averages are within a half minute of The IMerestlng World of Statlsi/cs FY94-95 averages. 316 LA QUINTA POLICE DEPARTMENT Significant Incidents / Highlights OCTOBER 1999 10/01 (Friday): 48 10/02 (Saturday): 41 10/03 (Sunday): 32 10/04 (Monday): 47 10/05 (Tuesday): 42 10/06 (Wednesday): 48 10/07 (Thursday): 45 10/08 (Friday): 47 10/09 (Saturday): 39 10/10 (Sunday): 41 10/11 (Monday): 29 10/12 (Tuesday): 35 10/13 (Wednesday): 30 10/14 (Thursday): 33 10/15 (Friday): 48 10/16 (Saturday): 55 10/17 (Sunday): 24 10/18 (Monday): 42 10/19 (Tuesday): 48 10/20 (Wednesday): 47 10/21 (Thursday): 47 10/22 (Friday): 54 10/23 (Saturday): 55 10/24 (Sunday): 37 10/25 (Monday): 39 10/26 (Tuesday): 47 Total: 1100 (Averaging 42.3 calls per day) (Includes self -initiated activity and citations issued) 10/01 SIGNIFICANT ACTMTY Numerous reports of vandalism reported in the area of Herrera, Carranza, and Rameriz. Unknown suspect(s) punctured at least two tires on a total of 35 cars at various residences. Felony Hit and Run traffic accident reported at Hwy 111 and La Quinta Center Dr. Minor injuries to the victim. Accident was a "late report." Suspect vehicle described only as a `78-80 green Ford truck. Report of a possible kidnaping occurred in the parking lot of Stater Bros. Market on v - 317 10102 10103 10104 1/5 10106 10107 Hwy 111 and Washington. Victim reported she was abducted and taken to the Carl's Jr. restaurant where the suspects demanded she call home and have her family deliver $7000.00 to them or she would be harmed. After the money did not arrive and the victim was making a second call home, the suspects fled the area. The victim was not injured. Suspects were described as "Central American" men. Unattended Death reported in the 53-000 block of Ave. Obregon. A 79 year old female with a history of medical problems died in her sleep. A 29 year old male was arrested for public intoxication in the 44-000 block of Dune Palms. Nothing notable Non -Injury traffic accident at Ave. 52 and Washington St.. Primary Collision Factor (PCF) of 22107 CVC. A thirteen year old female was arrested at La Quinta Middle School for possession of marijuana. Nothing notable. Two subjects arrested for possession of a controlled substance (Methamphetamine) in the 77-700 block of Calle Tampico. Investigation was initiated after a portable phone conversation was picked up via a patrol unit scanner. The conversation outlined the possible transaction of the controlled substances and the vehicle the suspects would be driving to deliver the substances. Arrested was "Michael Tarpey" (34 year old Bermuda Dunes resident) and "Jody Olaughlin" (28 year old La Quinta resident). Both were booked into Indio Jail. Non -Injury, hit and run accident, at Hwy 111 and Adams. PCF of 22350 CVC. Bermuda Dunes resident arrested for DUI at Fred Waring and Dune Palms. 318 1/8 ► Nothing notable. 10109 ► Three undocumented, Hispanic immigrant females, were arrested for shoplifting at Walmart. 10110 P. Nothing notable. 10111 Nothing notable. 10/12 ► A 33 year old La Quinta resident was arrested for assault with a deadly weapon (Domestic violence related), in the 51-000 block of Eisenhower Dr.. Suspect became angry with his girlfriend and struck her several times with a crutch. Victim possibly suffered a broken arm. ► Coachella resident arrested for possession of drug paraphernalia at Ave. 52 and Tradition. Arrest came out of a traffic stop at the location. 10/13 ► Nothing notable. 10114 P. Nothing notable. 10/15 ► Nothing notable. 10116 ► A 24 year old Indio resident was arrested for burglary at Walmart for stealing cigarettes. ► A 37 year old Indio resident was arrested for possession of methamphetamine. 319 A 28 year old Bermuda Dunes resident was arrested for shoplifting at Walmart. 10, /17 Petty theft of irrigation sprinkler heads occurred at the city park on Eisenhower and Colima. When the sprinkler system came on, the water flooded the park. Six unknown male juveniles are suspected in the theft. 10118 ► La Quinta resident was arrested for a felony warrant at La Torres and Quito. 10119 ► Nothing notable. 10/20 Cat burglary and vehicle theft occurred in the 52-100 block of Ave. Martinez. Unknown suspect(s) entered the residence while the victim was asleep and stole several items of property and the keys to the victims 1997 Toyota Avalon. The vehicle was later involved in a single car traffic accident at Eisenhower and Ave. Fernando. The suspect fled the area prior to the arrival of Deputies. The victim was unaware of the burglary and vehicle theft until he was contacted by Deputies. Vehicle theft reported in the 52-500 block of Ave. Alvarado. Stolen was a 1989 Jeep Wrangler. Assault and battery occurred at the IHOP restaurant on Hwy 111. A former employee assaulted two other employees when she came to pick up her final pay check. No visible injuries to the victims. 10121 ► Grand theft of palm trees occurred in the 47-800 block of Bougainvillea. Six Queen Palm trees were stolen from the Miraflores housing tract. 10122 A juvenile male from Indio was arrested for shoplifting at Walmart. ► A 44 year old La Quinta resident was arrested for public intoxication after he was observed urinating on a wall at Tampico and Desert Club. ► A 30 year old Palm Desert resident was arrested for an out-of-state fugitive warrant 320 10123 10124 10125 10126 at La Quinta Liquor. Sam was wanted out of the state of Ohio for parole violation. Nothing notable. Non -injury traffic accident at Washington and Fred Waring. PCF of 22350 CVC. Unattended death reported in the 79-100 block of Ashley Ct.. A 73 year old female found deceased with no signs of foul play. A 52 year old La Quinta resident was arrested for assault with a deadly weapon and making terrorist threats in the 52-200 block of Ave. Mendoza. Suspect threatened to kill his family with a large knife. No injuries. A La Quinta resident was arrested for spousal battery and destruction of telephone lines in the 52-800 block of Ave. Carranza. Suspect and victim (wife of the suspect) became involved in an argument and the suspect slapped his wife and tore the phone from the wall and struck her in the head with the receiver. Victim sustained minor injuries. Report of "Suspicious Circumstances" reported in the 79-000 block of Victoria Dr.. Deputies and Medic personnel responded to a residence after a female was reported to have fallen on a wine glass and stabbed herself in the upper chest with the broken glass. Both the victim and her husband had been drinking when the incident occurred. Victim was transported to Desert Hospital. Investigation is continuing. 321 Riverside County Sheriff's Department La Quinta Target Team Monthly Report October 1999 The following is a summary of the Target Team activities for the month of October. Ongoing investigations 7 Arrests/Filings 9 Vehicle stops/checks 34 Business contacts 12 Investigation assists 3 Arrest warrants served 8 Arrest warrants attempted 45 Programs 2 Pedestrian checks 59 Crime prevention hours 2 Bar checks 8 Back-ups 10 Follow-ups 21 Search warrants 0 Probation searches 10 Parole searches 1 Consent searches 85 Meetings I Recovered stolen property $70.00 Citations 3 Surveillances 2 Property checks 7 Civil commitments 1 Bicycle time 30 hours Training hours 4 Illegal drugs seized 2- M1 marijuana plants Total mileage: 818 Arrests and Filings: Indian Wells resident arrested for 290pc and a 290pc warrant. Bermuda Dunes residents arrested for a felony drug sales warrant. Indio resident arrested for driving without a license. Vehicle stored. 322 LQ resident arrested for traffic violation. LQ resident arrested for 496pc warrant, possession of stolen property. LQ resident arrested for petty theft/shoplifting at PGA West clubhouse. LQ resident arrested for marijuana cultivation. LQ resident arrested for assault on a peace officer causing injury. LQ resident arrested for public intoxication. LQ/ Ohio resident arrested for being a parolee at large and a federal fugitive from Ohio. Indio resident arrested for 666pc, theft with priors. Noteworthy accomplishments: The Target Team conducted a warrant service program in order to locate and arrest residents of LQ for outstanding warrants. The results of which will be outlined in an after action report by Deputy Brewster. The Target Team made an arrest of an individual contacted as he was leaving the area of Home Depot. During the investigation, the suspect was identified as an habitual criminal with approx. 10 past arrests for thefts and burglaries. The Target Team contacted an individual near the LQ liquor store who was identified as a parolee at large for burglary and a federal fugitive from Ohio. The Target Team attended a CVNOA meeting and gathered information and assistance with an ongoing drug sales activity in LQ. The Target Team assisted patrol with several calls for service and traffic problems. The Target Team made use of the La Quinta Patrol Bicycles at the LQHS home football games. The bikes enabled the team to move quickly around the campus in order to keep watch of areas away from the crowds where trouble reports were made. The Target Team conducted a probation visit program at various locations in LQ. During the program, a juvenile male probationer was contacted and arrested for marijuana cultivation. During the arrest, a female at the residence attempted to aid the juvenile in resisting arrest. After a lengthy physical altercation with both suspects, they were restrained and arrested for various charges including assault on a peace officer causing injury. The residence has been identified as a home where Indio gang members congregate. The male juvenile was identified as an Indio 3?3 gang member from the "Campo" gang. His moniker is "Lil' Criminal." The Target Team assisted with an investigation at PGA West in which a clubhouse member was seen committing a theft of golf apparel. The member was contacted and admitted to the theft. Prepared on 11 /01 /99 by; Dep. E. Price #2273 i Dep. T Brewster #2297 v 324 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT OCTOBER 1999 LA QUINTA HIGH SCHOOL Deputy Randall Wedertz School Resource Officer 12 Reports 6 Arrest 5 Citations 7 Traffic Stops 11 Pedestrian Checks HIGHLIGHTS: Arrested one student for possession of marijuana 1.5grams. Issued four citations for truancy. I also filed one case for 148pc-obstructing an officer during 415pc investigation on campus. Two reports were taken for battery. I am part of the safety committee, had meeting reference disaster drills, and evacuation procedures with other members of the committee. Received information that skateboarders at the High School and Middle School, were starting up a group called "White Kaps." This group is showing sighs of gang type characteristics and is currently being monitored by myself, the La Quinta Target Team, and the La Quinta High. School Administration. DEP. R. WED ` J Z #2346 2 3 �k Actual reporting period covers September 27, 1999 through October 22,1999 325 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT OCTOBER 1999 LA QUINTA MIDDLE SCHOOL Deputy Stephen Morton (RSO Grant Funded Position) 5 Reports 2 Arrests 2 Citations 3 Pedestrian Checks 2 Cases filed with the District Attorney 1 Traffic Stop HIGHLIGHTS: One arrest for possession of marijuana, 6.15 grams, and one arrest for battery. One citation was issued for a parking violation. Another citation was issued for a stop sign violation in front of the school during school hours. Two of the reports were for disturbing the peace in classrooms. SRO Morton conducted a student program on several California Penal Code laws pertaining to the students. He spoke to approximately three hundred and forty students. SRO Morton also spoke to the first and second graders at Adams Elementary School about safety when encountering strangers. SRO Morton attended a four -day training class on bicycle patrol presented by the Riverside County Sheriff's Department. SROs attend patrol briefings, participate in investigations with juvenile suspects, and attend the numerous school -related committee meetings. Their knowledge of student activities and characteristics is invaluable to police efforts in juvenile crime prevention and apprehension. 3 )6 CITY OF LA QUINTA 5 YEAR CRIME COMPARISONS 1995 -1999 CRIME 1995 1996 1997 1998 1999 *HOMICIDE 2 3 1 3 2 *RAPE 6 6 12 14 9 SEX CRIMES (FEL) 11 10 8 16 17 SEX CRIMES ISD 15 16 18 16 17 ROBBERY 8 14 11 14 17 ASSAULT L 96 92 87 96 114 ASSAULT MISD 255 246 253 191 216 BURGLARY 572 501 386 372 364 *VEHICLE THEFT 94 83 58 78 109 *THEFT L 148 113 129 138 124 THEFT MISD 379 330 354 303 302 VANDALISM MISD 218 348 341 269 372 DOM. VIOLENCE 131 117 139 131 132 NARCOTICS 107 108 109 52 85 DUI 98 170 175 109 110 T/C NON -INJURY 191 278 304 309 360 T/C INJURY 93 43 62 62 57 T/C FATAL 0 3 2 0 2 TRAFFIC CITATIONS 2337 3122 2418 3128 3396 * STATISTICS INCLUDE ATTEMPTS 328 LL. LL LU F- LL. LU LU It m J Q Q LU m m O w LL Of U X LU U) LU CL W 0 U_ O T O O O O O O O Cfl LO IT M N 329 00) Ln (0 (` OO O Of w O W J U J F- O J O U CO it W O U g w 0 w w Of w O W J U J F- O J O U CO it W O U g w 0 w w O LO O In O Lf ) O to M M N N r- r- 330 N 'a O to (C) I` QO CY) (3) 0) 0) 0) 0) 0 I' N O w 0 Iq N O J J U J z U z Z 331 rn rn QLO a' C) Fml� Q LL 0-00 LL 0 LL 0 � o I-- cn UCL 2 v Li) (0 1- QO a) 0') 0*) 0') m 0) 0) 0) 0) 0) 0) 0 0 0 0 0 0 0 0 O LO O LO O LO O LO It co co N N T-. T-- z U D z Z O z U H U) z O H U U- LL 9, H 332 CITY OF LA QUINTA DISPATCH COMPARISONS 1995- 1999 1995 1996 1997 1998 1999 CODE 1 CALLS RESPONSE TIME (MIN)/ NO. OF INCIDENTS 8 / 9331 8 / 9392 7 / 10039 8 /10294 8.5 / 10339 CODE 3 CALLS RESPONSE TIME (MIN)/ NO. OF INCIDENTS 6 /189 5 /170 5 /124 4 / 156 5.5 / 124 333 T4ht 4 4&Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 7, 1999 CONSENT CALENDAR: ITEM TITLE: Public Hearing on the Vacation of STUDY SESSION: Easements Reserved Over Portions of Avenue 55, PUBLIC HEARING: Rancho La Quinta Road, Paseo Del Rancho, and Other Unnamed Streets within the Greg Norman Golf Course, Street Vacation 99-040 Adopt a Resolution of the City Council approving Street Vacation 99-040, vacating easements reserved over portions of Avenue 55, Rancho La Quinta Road, Paseo Del Rancho, and other unnamed streets within the Greg Norman Golf Course. None. None. KSL Development Corporation is the applicant for the proposed easement vacation and will be the benefitting landowner if approved. The legal description and area map describing the proposed easement vacation is identical to the one used for Street Vacation 90-016. The area to be vacated is generally located north of Airport Avenue and east of Madison Street, as shown in Exhibit "A" of the proposed Resolution. The area contains lots A and B of Parcel Map 14286; and Lots E, F, G, H and 60 feet of road easement as shown on Parcel Map 14791. The street right-of-way was originally dedicated when Parcel Maps 14286 and 14791 were approved in 1980; however, street improvements were never installed. This area was annexed by the City in 1991 and then incorporated into Specific Plan 90-015. The area is now known as the Greg Norman Golf Course, Tract No. 29136 (Attachment 1). The vacation area currently under consideration is identical to the area previously vacated as Street Vacation 90-016. However, for unknown reasons, an easement 334 T:\PW DEPT\COUNCIL\1999\991207a. wpd The vacation area currently under consideration is identical to the area previously vacated as Street Vacation 90-016. However, for unknown reasons, an easement was retained over the entire vacation parcel. Street Vacation 99-040 proposes to remove all easements reserved to the City of La Quinta by Street Vacation 90-016. City staff mailed notices to all effected public agencies, informing them of the proposed easement vacation. The City has not received any comments opposing it or requesting easement reservations. There are no known in -place public utilities within the proposed easement vacation area. On November 16, 1999, the City Council adopted Resolution 99-152, declaring intention to schedule a Public Hearing on December 7, 1999. Public hearing notices were posted on the property to be vacated and published in the newspaper, in accordance with the Streets and Highways Code. The La Quinta Planning Commission reviewed the proposed street vacation at its November 9, 1999 meeting and determined it is consistent with the La Quinta General Plan and Circulation Element. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Street Vacation 99-040, vacating easements reserved over portions of Avenue 55, Rancho La Quinta Road, Paseo Del Rancho, and other unnamed streets within the Greg Norman Golf Course; or 2. Do not adopt a Resolution of the City Council approving Street Vacation 99- 040, vacating easements reserved over portions of Avenue 55, Rancho La Quinta Road, Paseo Del Rancho, and other unnamed streets within the Greg Norman Golf Course; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Area Map of Greg Norman Golf Course T:\PW0EPT\C0UNCIL\1 999\991207a. wpd RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING EASEMENTS RESERVED OVER PORTIONS OF AVENUE 55, RANCHO LA QUINTA ROAD, PASEO DEL RANCHO, AND OTHER UNNAMED STREETS WITHIN THE GREG NORMAN GOLF COURSE STREET VACATION CASE NO. 99-040 WHEREAS, the City Council of the City of La Quinta did adopt Resolution 99- 152, declaring its intention to vacate easements reserved over portions of Avenue 55, Rancho La Quinta Road, Paseo Del Rancho, and other unnamed streets within the Greg Norman Golf Course, and setting the date of December 7, 1999, at the hour of 7:00 P.M., in the La Quinta Civic Center Council Chambers as the date, time, and place for the hearing of all persons interested in presenting their views and testimony in regard to the proposed street vacation; and, WHEREAS, pursuant to Sections 8322 and 8323 of the Public Streets, Highways and Service Easement Vacation Law, due notice of the Public Hearing was given by public posting in the time and manner prescribed by law, and, WHEREAS, following its discussion of the street vacation application on November 9, 1999, the Planning Commission of the City of La Quinta has determined that the vacation of said easement is not in conflict with the Infrastructure Element or other policies of the General Plan of the City of La Quinta; and, WHEREAS, the City Council of the City of La Quinta has conducted the required public hearing upon due notice and, upon hearing and considering all testimony and arguments of all interested parties and persons desiring to be heard, did find the facts to exist justifying the approval and adoption of said public street vacation, as follows: 1 . Vacation of the subject easement reserved over portions of Avenue 55, Rancho La Quinta Road, Paseo Del Rancho, and other unnamed streets within the Greg Norman Golf Course will not adversely affect the City of La Quinta or adversely impact the Circulation Element of the City of La Quinta General Plan. 2. The affected portions of Avenue 55, Rancho La Quinta Road, Paseo Del 3 3 S 003 TA WDEPT\COUNCIL\1999\991207a.wpd Rancho, and other unnamed streets within the Greg Norman Golf Course are unnecessary for either present or prospective public use or purposes, including use as non -motorized transportation facilities. 3. No local public agency has submitted objections to the proposed street vacation, based on the City's request for comments. 4. Approval and adoption of the proposed public street vacation will not cause a significant negative impact upon the environment, due, in part, to the fact that extinguishment of the public street easement will restore possession of the vacated right-of-way to the vested owner of the abutting parcel of real property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: SECTION 1: The City Council, having elected to proceed under the provisions of Chapter 3 of the Public Streets, Highways and Service Easement Vacation Law of the State of California, and having held a public hearing upon due notice as provided therein, hereby finds from all evidence submitted that the easements reserved over portions of Avenue 55, Rancho La Quinta Road, Paseo Del Rancho, and other unnamed streets within the Greg Norman Golf Course, generally located north of Airport Avenue and east of Madison Street, and more specifically described in Exhibit "A", attached hereto and incorporated herein, are unnecessary for either present or prospective public use or purposes, including use as non -motorized transportation facilities. SECTION 2: The City Council hereby orders the vacation of the easement described in Exhibit "A", attached hereto and incorporated herein. SECTION 3: The City Council hereby determines that adoption of the easement vacation will cause no significant negative environmental impact. SECTION 4: The City Council hereby orders that the easement vacation shall not be effective until a certified copy of this Resolution has been recorded with the Riverside County Recorder, that from and after the date of such recordation said vacated easement area no longer constitute a public utility easement. SECTION 5: The City Council hereby determines and orders that the City Clerk is hereby authorized and directed to record a certified copy of this Resolution in the Office of the County Recorder of Riverside County, California. T:\P W D EPT\COUNCIL\ 1999\991207 a. wpd PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of December 1999, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 338 TAP W DEPT\COUNCIL\1999\991207a. wpd 005 EXHIBIT "A" IrYl/A• uiq O /9 PA Per a /4 to 20A, N, Ac. at AW J P i i P t l I.77At s IL4r,. ® 4 c Ly /9 JI 44 AV i /RON AC Nt ' /I.2/It. NI ; 41 W CC POP t � N V) Z /i. 2I Ae NI :r ` O /!./i At it, J t/) O 0 ,rr�i • PASEO S� Poe raof s.zrc cJz , cr t rar « I DEL RAACHO ; i'1 rlf'1 :,v r �.1I =�► �� � _ �C� 29J940 + per. 2 Poi J /7.iIA:NR 07AAML Q v Per / Per 2 ArM Ac.M. O �I ► � /705dc. N! 2 I Y , ,►rLif � ! .r•ir � Jf• _ '"C Y AIRPORT BouLEVARU — -- 1 w0 PROJECT BOUNDARY AREA ® EASEMENT VACATION AREA Lots A and B of Parcel Map 14286 Lots E, F, G, and H and 60 feet of road easements as shown on Parcel'Map 14791 CASE MAP CASE No. STREET VACATION CASE NO.99-040 KSL DEVELOPMENT CORPORATION i NORTH SCALE: g IM 60 0 , r 06 ATTACHMENT 1. if$ ; will a Ix 9 1oil If f 1. 1 1 • JL33als308NOR H 3A18131 NY tys.Lsny o list ill I Imo: i 0 Jill I a3p I W I Pj; IE-46511 U � suo :� I 1 7cc d,10 9 I _ I O 1SITIV43FI s I I N = I+ N M I _—• — 4 N .R.1U OD — — — — — — LSCIMD .ZCIN2 11.12d2.2 N I 17DNV31 SISW v ion —---------� 133VJLS NOSIGYPV 34 00 T,&t 4:W Qut«fw AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 7, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Public Hearing on Tentative Tract Map 23773 (Extension #2), a Request by Century -Crowell PUBLIC HEARING: Communities for a One Year Time Extension to Subdivide 20.95 Acres into 77 Single Family Lots and Private Streets Located West of Adams Street and North of Aurora Way in Starlight Dunes • N Eh FW9 • , EN Re]►A Adopt a Resolution of the City Council approving Tentative Tract Map 23773 (Extension #2), subject to findings and Conditions of Approval as attached. None. None. Starlight Dunes, a privately gated development, is located at the northwest corner of Fred Waring Drive and Adams Street. Access to the Tract is at Galaxy Drive via Fred Waring Drive, or Adams Street (Attachment 1). Site History In 1989, the City Council approved this subdivision of the 45.6-acre site into 154 single family residential and two common retention basin lots under Resolution 89-36. The initial houses built in Phase 1 range in size from 2,084 to over 3,332 square feet and have two- or three -car garages. Phases 2-7 were unrecorded when the Map expired in 1996. A:\SRCCTTM23773X.wpd On October 1, 1996, the City Council approved Phases 2-7 consisting of 101 single family lots on 28.4-acres under Resolution 96-79. Phases 2 and 3, consisting of 24 lots, were recorded in 1997. On January 5, 1999, the City Council approved a one year time extension for this Map by adoption of Resolution 99-09, subject to Conditions. Surrounding Land Uses The properties to the north of Starlight Dunes are in unincorporated County area and are vacant or developed with single family houses and landscape nurseries fronting onto Darby Road. The properties to the west are in La Quinta and developed with residential houses (Bella Vista) and a retention basin. Project Request A one year time extension is requested to allow additional time to record Phases 4-7 consisting of 77 single family lots and private streets (Attachment 2). No Map changes are requested. Planning Commission Action The Planning Commission considered this request on November 9, 1999, and by a vote of 3-0 approved a recommendation to the City Council for approval of the one year time extension (Resolution 99-078), subject to revised Conditions of Approval. A copy of the minutes is attached (Attachment 3). Public Notice This time extension request was advertised in the Desert Sun newspaper on November 24, 1999. All property owners within 500 feet of the site were mailed a copy of the public hearing notice. No written comments have been received. Public Agency Review All written comments received are on file with the Community Development Department. Findings necessary to approve this request, per Subdivision Ordinance 13.12.150 can be made and are contained in the attached Resolution. 00ell)()2 342 A:\SRCCTTM23773X.wpd The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Tentative Tract Map 23773 (Extension #2), subject to findings and Conditions of Approval as attached; or . 2. Do not adopt a Resolution of the City Council approving Tentative Tract Map 23773 (Extension #2); or 3. Continue the request and provide staff with alternative direction. Respectfully submitted, rry Horfnan, Community Development Director Approved for submission by: l Thomas P. Genovese, City Manager Attachments: 1 . Location Map 2. TTM 23773 Map 3. November 9, 1999 Planning Commission Minutes (Excerpt) 4. Large Exhibit Map (Council only) 343 000D03 A:\SRCCTTM23773X.wpd RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE YEAR TIME EXTENSION FOR PHASES 4-7 OF TENTATIVE TRACT MAP 23773 CONSISTING OF 77 SINGLE FAMILY LOTS ON 20.95 ACRES LOCATED 250 FEET WEST OF ADAMS STREET AND 110 FEET NORTH OF FRED WARING DRIVE. CASE NO.: TENTATIVE TRACT MAP 23773, EXTENSION #2 APPLICANT: CENTURY-CROWELL COMMUNITIES WHEREAS, the City Council of the City of La Quinta, California, did on the 71h day of December, 1999, hold a duly noticed Public Hearing to consider a one year time extension request for a 77 single family residential lot subdivision on 20.95 acres, generally located 250 feet west of Adams Street and 110 feet north of Aurora Way, and more particularly described as: Portion of the SY2 SE'/4 of Section 18, T5S, R7E, SBBM (APN: 609-080-026) WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 91h day of November, 1999, hold a duly noticed Public Hearing for a one year time extension for a 77 single family residential lot subdivision on 20.95 acres, and recommended approval under Resolution 99-078; and WHEREAS, said Tentative Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The City Council certified a Negative Declaration (Environmental Assessment 96-327) for this project on October 1, 1996. No map changes are proposed; therefore, no additional environmental review is warranted; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings of approval to justify a recommendation for approval of said one year time extension: A. The proposed map is consistent with the City of La Quinta General Plan and any applicable specific plans. The property is within a Low Density Residential (2-4 dwelling units per acre) District per the provisions of the General Plan. The project density is 3.6 dwellings per acre for Phases 4-7 which is under the maximum level for the LDR District. Tentative Tract 23773 (Phases 4-7) is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2) provided conditions are met. A:\ResoCCTr23773.doc - 37 344 000Du"4 City Council Resolution 99-— Tentative Tract Map 23773, Extension #2 December 7, 1999 The site is zoned RL (Low Density Residential District) which permits single family development on lots at least 7,200 square feet. The proposed lots average 9,000 square feet. Future housing shall be consistent with the provisions of the Zoning Code (e.g., Chapter 9.30.030, etc.) in effect at. the time building permits are acquired. B. The design or improvement of the proposed subdivision is consistent with the La Quinta General Plan and any applicable specific plans. All streets and improvements in the project as conditioned will conform to City standards as outlined in the General Plan and Subdivision Ordinance. All on -site streets will be private which is consistent with the Circulation Element (Chapter 3.0). Access to the Tract will be from Galaxy Drive on Fred Waring Drive and Adams Street. The design standards for the tract will comply with the Land Use Element (Chapter 2.0) of the General Plan and the Zoning Code. C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The subject site is physically suitable for the proposed land division as approved in 1989 and 1996. Mitigation fees and environmental studies (i.e., archaeological and noise) were completed as required prior to development of the project in 1989. In 1996, a new Cultural Resources Report was required for Tract Phases 2-7 because the original study was more than five years old. The study states that no known prehistoric sites have been previously recorded on this property, therefore, archaeological monitoring will not be required during site development unless human remains are found during excavation work. This project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because mitigation measures were completed at the time the site was disturbed or will be mitigated based on the proposed Conditions of Approval. D. The design of the subdivision or type of improvements are not likely to cause serious public health problems. The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements. E. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. 345 A:\ResoCCTr23773.doc - 37 City Council Resolution 99-_ Tentative Tract Map 23773, Extension #2 December 7, 1999 The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case. 2. That it does hereby approve a one year time extension for Tentative Tract Map 23773 (Phases 4-7) for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 71h of December, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 0001)06 346 A:\ResoCCTr23773.doc - 37 RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 23773, EXTENSION #2 (PHASES 4-7) DECEMBER 7, 1999 CONDITIONS OF APPROVAL K01I_ ' A 1 . Tentative Tract Map 23773 (Extension #2) shall comply with the requirements and standards of § §66410-66499.58 of the California Government Code (the Subdivision Map Act) and Title 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. This Map shall expire on October 1, 2000, unless extended pursuant to the provisions of the Subdivision Ordinance (Chapter 13.12.150(B)). 2. Prior to the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following public agencies: - Fire Marshal - Public Works Department (Grading Permit, Improvement Permit) - Community Development Department - Riverside County Environmental Health Department - Desert Sands Unified School District - Coachella Valley Water District - Imperial Irrigation District - California Regional Water Quality Control Board (NPDES Permit) - Sunline Transit The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, the applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. For projects requiring NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans submitted for plan checking. Prior to issuance of a grading or site construction permit, the applicant shall submit a copy of an approved Storm Water Pollution Protection Plan. 3. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. Cond CC TTM 23773X - 37 347 000 '7 Resolution 99- Tentative Tract Map 23773, Ext.#2 December 7, 1999 PROPERTY RIGHTS 4. All easements, rights of way and other property rights required of the tentative map or otherwise necessary to facilitate the ultimate use of the development and functioning of improvements shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting, or conferral shall be ensured, prior to approval of a final map or filing of a certificate of compliance for waiver of a final map. The conferral shall include irrevocable offers to dedicate or grant easements to the City for access to and maintenance, construction, and reconstruction of all essential improvements which are located on privately -held lots or parcels. With respect to the drainage basin located in the existing Tract 23773-1, the conferral shall include the granting of drainage rights for all areas located within the original tentative map and access rights, for the purpose of construction, reconstruction and maintenance of the basin, to the homeowners association(s) for the entire original tentative map area. 5. If the applicant proposes vacation or abandonment of any existing rights -of -way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights -of -way or access easements to those properties. 6. The applicant shall dedicate three-foot public utility easements contiguous with and along both sides of all private streets. 7. The applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 8. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the Public Works Director. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. FINAL_MAP(S) 9. As part of the filing package for final map approval, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the Public Works Director. The files shall utilize standard AutoCad menu choices so they may be fully retrieved into a basic AutoCad program. ME Cond CC TTM 23773X - 37 G O O v V 3 Resolution 99- Tentative Tract Map 23773, Ext.#2 December 7, 1999 10. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans shall have signature blocks for the Public Works Director. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. , "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. If water and sewer plans are included on the street and drainage plans, the plans shall have an additional signature block for the Coachella Valley Water District (CVWD). The combined plans shall be signed by CVWD prior to their submittal for the Public Works Director's signature. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above shall be in formats approved by the Public Works Director. 1 1 . In lieu of submitting new plans for any element of construction, the subdivider may propose to use existing, approved plans developed for the original tentative map provided the plans comply with existing requirements. 12. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City Resolution, the applicant may acquire standard plan and/or detail sheets from the City. 13. Prior to approval of the final map(s), the applicant shall furnish accurate AutoCad files of the approved map(s) on storage media acceptable to the Director of Public Works. The files shall utilize standard AutoCad menu choices so they may be fully retrieved into a basic AutoCad program. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. 14. The applicant shall construct improvements and/or satisfy obligations, or enter into a secured agreement to construct improvements and/or satisfy obligations required by the City prior to agendization of a final map or parcel map or issuance of a Certificate of Compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Title 13, LQMC. Cond CC TTM 23773x - 37 ®ie r 9 349 U Resolution 99- Tentative Tract Map 23773, Ext.#2 December 7, 1999 Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 15. If improvements are secured, the applicant shall provide approved estimates of improvement costs. Estimates shall comply with the Schedule of Unit Costs adopted by City Resolution or Ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the Public Works Director. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. Security is not required for telephone, gas, or television cable improvements. However, tract improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 16. If the applicant desires to phase improvements and obligations required by the Conditions of Approval and secure those phases separately, a phasing plan shall be submitted to the Public Works Department for review and approval by the Public Works Director. The applicant shall complete required improvements and satisfy obligations as set forth in the approved phasing plan. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase unless a construction sequencing plan for that phase is approved by the Public Works Director. 17. If improvements are phased with multiple final maps or other administrative approvals (site development permits, conditional use permits, etc.), off -site improvements and development -wide improvements (ie: retention basins, perimeter walls & landscaping, gates, etc.) shall be constructed or secured prior to approval of the first final map unless otherwise approved by the Public Works Director. 18. The applicant shall pay cash or provide security in guarantee of cash payment for applicant's required share of improvements which have been or will be constructed by others (participatory improvements). Participatory improvements for this development include: A. One half of a raised, landscaped median on Fred Waring Street from Adams Street to the west boundary of Tract 23773-1 . Cond CC TTM 23773X - 37 330 00 (IJ 10 Resolution 99- Tentative Tract Map 23773, Ext.#2 December 7, 1999 The applicant's obligations for all or a portion of the participatory improvements may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. GRADING 19. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 20. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control plan prepared in accordance with Chapter 6.16, LQMC. In accordance with said Chapter, the applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 21. The applicant shall comply with the City's Flood Protection Ordinance. 22. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the Public Works Director prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report produced for the original tentative map and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on the final map(s), if any are required of this development, that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 23. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within this development, but not sharing common street frontage, where the differential shall not exceed five feet. If the applicant is unable to comply with the pad elevation differential requirement, the City will consider and may approve alternatives that preserve community acceptance and buyer satisfaction with the proposed development. 24. Prior to issuance of building permits, the applicant shall provide a separate document, bearing the seal and signature of a California registered civil engineer or surveyor, that lists actual building pad elevations for the building lots. The document shall list the pad elevation approved on the grading plan, the as -built elevation, and the difference Cond CC TTM 23773X - 37 000011 351 Resolution 99- Tentative Tract Map 23773, Ext.#2 December 7, 1999 between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. DRAINAGE 25. Stormwater falling on the site during the peak 24-hour period of a 100-year storm shall be retained in the retention basin located in Tract 23773-1. The tributary drainage area shall extend to the centerline of adjacent public streets. 26. The applicant shall complete improvements to the retention basin located in Tract 23773-1 . 27. Fences or walls will not be allowed around the retention basin except as approved by the Community Development and Public Works Directors. 28. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 29. All existing and proposed utilities within or adjacent to the proposed development shall be installed underground. High -voltage power lines which the power authority will not accept underground are exempt from this requirement. 30. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the Public Works Director. 31. The following minimum street improvements shall be constructed to conform with the Circulation Element of the General Plan (Chapter 3.0): PRIVATE STREETS AND CUL DE SACS 1) Residential - 36 feet wide if double loaded (buildings on both sides), 32 feet if single loaded. 2) Cul de sac curb radius - 45' Cond CC TTM 23773X - 37 GOCD12 352 Resolution 99- Tentative Tract Map 23773, Ext.#2 December 7, 1999 32. Access points and turning movements of traffic shall be limited to those approved for the original tentative tract map. 33. Improvements shall include all appurtenances such as traffic signs, channelization markings, raised medians if required, street name signs, sidewalks, and mailbox clusters approved in design and location by the U.S. Post Office and the Public Works Director. Mid -block street lighting is not required. 34. Street improvement plans shall be prepared by registered professional engineer(s) authorized to practice in the State of California. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standard and Supplemental Drawings and Specifications, and as approved by the Public Works Director. 35. Street right-of-way geometry for cul-de-sacs, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the Public Works Director. 36. All streets proposed to serve residential or other access driveways shall be designed and constructed with curbs and gutters or shall have other approved methods to convey nuisance water without ponding in yard or drive areas and to facilitate street sweeping. 37. Street pavement sections shall be based on a Caltrans design for a 20-year life and shall consider soil strength and anticipated traffic loading (including site and building construction traffic). The minimum pavement sections shall be as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" The applicant shall submit current (no more than two years old) mix designs for base materials, Portland cement concrete and asphalt concrete, including complete mix design lab results, for review and approval by the City. For mix designs over six months old, the submittal shall include recent (no more than six months old) aggregate gradation test results which confirm that the mix design gradations can be reproduced in production of the base or paving material. Construction operations shall not be scheduled until mix designs are approved. Cond CC TTM 23773X - 37 353 Resolution 99- Tentative Tract Map 23773, Ext.#2 December 7, 1999 38. Prior to occupancy of homes or other permanent buildings within the development, the applicant shall install all street and sidewalk improvements, traffic control devices and street name signs along access routes to those buildings. LANDSCAPING 39. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins, and park facilities shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the Public Works Director. The plans are not approved for construction until they have been approved and signed by the Public Works Director, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 40. Slopes shall not exceed 5:1 within public rights -of -way and 3:1 in landscape areas outside the right-of-way. 41. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Public Works Director: Use of lawn shall be minimized with no lawn or spray irrigation within 18-inches of curbs along public streets. 42. Unless otherwise approved by the Public Works Director, common basins and park areas shall be designed with a turf grass surface which can be mowed with standard tractor -mounted equipment. 43. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. QUALITY A SURANCE 44. The applicant shall employ construction quality -assurance measures which meet the approval of the Public Works Director. 45. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. 46. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the Public Works Director. Each 35rCond CC TTM 23773X - 37 � 0 Resolution 99- Tentative Tract Map 23773, Ext.N2 December 7, 1999 sheet of the drawings shall have the words "Record Drawings," "As -Built" or "As - Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the AutoCad plan files previously submitted to the City to reflect the as -constructed condition. MAINTENAN-C-E 47. The applicant shall make provisions for continuous maintenance of drainage, landscaping and on -site street improvements. FEES. A_ N_D_D_EP_O_S T_S 48. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 50. Parkland fees shall be paid prior to final map approval as required by Chapter 13.48 of the Subdivision Ordinance. 51. Fringe -Toed Lizard habitat mitigation fees shall be prior to site grading or issuance of a building permit. FIRE DE PA-RIKENT 52. Schedule A fire protection approved Super fire hydrants (6" X 4" X 2%" X 2%2") will be located at each street intersection spaced not more than 330-feet apart in any direction with any portion of any frontage more than 165-feet from a fire hydrant. Minimum fire flow will be 1,000 g.p.m. for a 2-hour duration at 20 psi. 53. Prior to recordation of the final map, applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review and approval. Plans will conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be approved and signed by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 54. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Cond CC TTM 23773X - 37 355 000J15 Resolution 99- Tentative Tract Map 23773, Ext.##2 December 7, 1999 55. A temporary water supply for fire protection may be allowed for the construction of the model units only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. 56. If buried cultural materials are discovered during construction, work in that area shall be diverted until a qualified archaeologist can evaluate the nature and significance of the finds. 57. The residence layout shall comply with all the RL Zoning Code requirements. 58. The City Attorney shall approve the Covenants, Conditions and Restrictions (CC and R's) for the tract prior to approval of the final map(s) by the City Council. 59. ff connected, the p.oposed street name "Meridian" shall be deleted and substituted with "Skyward VW. Pisces "Way", ," and Morningstar "Way" shall be deleted and replaced with "Court". 356 Cond CC TTM 23773X - 37 0001J16 Attachment 1 CTA vl l^ur I A khr SITE o, fRm Wi9RING DRAS -�- 3 5'7 00018 PHASE 43 4- 6 7 (NOTE! AA TRACT NO. LOTS Attachment 2 23773-2 »yRkorded 23773-3 7 23773-4 20 JN 85-01-00 23773-5 24 ----� 23773-6 20 23773 13 ..3-31-94 . 101 TOTAL q Co ' --- -- � I ND --- v m m �^ of x • -- n > - .0 . W � 09 fA a < P It Co 7 I I \ -�OCLol w i mo .fOwX n 1 M iY ►"' �— - n 0 rr Aoaurs ------- 1358 Planning Commission Minutes , Attachment 3 November 9, 1999 V. PUBLIC HEARINGS: OA.Tentative Tract Map 23773, Extension #2; a request of Century -Crowell Communities for approval of a one year time extension for tract Phases 4 through 7 consisting of 77 single family lots and private streets on 20.95 acres Commissioner Butler excused himself due to a possible conflict of interest and withdrew from the dias. 2. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked about Condition 959 as he did not believe Orion Way should be deleted from the condition. The objective was to have the two streets with the same name. 4. Commissioner Robbins asked if the application was received prior to the October 1, 1999 deadline. Staff stated it was. 5. Chairman Kirk asked if the applicant would like to address the Commission. Mr. John Pavaloc, representing Century Crowell Communities, stated the owners of the property George and Donna Lane did file for the extension prior to the expiration date. He was available for any questions the Commission may have. 6. Mr. Ernest Vincent, Counsel for Century -Crowell Communities, stated he understood this hearing was for the extension of time and did not relate to any other architectural issues that might be outstanding. The extension of the Map will benefit the community as a whole and will keep the Map within the same subdivision and subject to the City's compatibility requirements. 7. There being no further discussion, Chairman Kirk closed the public hearing and opened the issue for Commission discussion. 8. There being no discussion, it was moved and seconded by Commissioners Tyler/Robbins to adopt Planning Commission Resolution 99-078 recommending to the City Council approval of Tentative Tract Map 23773, Extension #2, subject to the Findings and Conditions of Approval as amended. 353 O�C?�JtiO CAMy Documents\WPDOCS\PC11-9-99.wpd 2 Planning Commission Minutes November 9, 1999 a. Condition #59. Orion "Way" shall be deleted. ROLL CALL: AYES: Commissioners Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioners Abels and Butler. Commissioner Butler rejoined the Commission. VI. BUSINESS ITEMS: - A. Site Development Pe it 98-632 Amendment #1; a request of Century -Crowell Communities for roval of minor architectural and floor plan changes for prototype residen ' 1 units for Tract 23773, north of Fred Waring Drive, west of Adams Street w' in Starlight Dunes. 1. Co issioner Butler excused himself due to a possible conflict of interest an 'thdrew from the dias. 2.. C irman Kirk as eport. Planning Manager Christine di Iorio ed the Commission at the applicant had requested a continuance. 3. There being no discussion, it w moved and seconded by Commissioners Robbins/Tyler to continue Site evelopment Permit 98-632, Amendment #1 as requested. Unanimously proved. Commissioner Butler rejoined the Commission. B. Sign Application 99-482; a req est of Llewellyn Enterprises, Inc. for approval of a sign adjustment to permit an ad itional monument sign for the property located at T- BO's of La Quinta, 78-073 Ca le Barcelona. 1. Chairman Kirk asked for the staff report. JLlewelstated PIr Stan Sawa presented the information contained in the staff which is on file in the Community Development Departm 2. There being no questions of staff, Chairmathe applicant would like to address the Commission. Mr. Ted the reason for his request. 3. Commissioner Tyler asked if the proposed sign would be smaller than the existing sign. Mr. Llewelyn stated it would be smaller and the existing landscaping lighting would be directed toward the sign. 360 CAMy Documents\WPDOCS\PC11-9-99.wpd 3 T4t!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 7,1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Public Hearing on Revised Tentative Tract Map 29147, PUBLIC HEARING: .3 to Increase the Number of Single Family Lots from 133 to 152, add Other Common Lots, and Remove a Private Street Lot, on 172.88 acres Within Specific Plans 83- 002 and 90-017. Applicant: KSL Land Corporation RECOMMENDATION: Adopt a Resolution of the City Council approving Revised Tentative Tract Map 29147, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The vacant site is located at the northeast corner of Madison Street and Avenue 58, and has been rough graded (Attachment 1). This approved tract is within PGA West (Specific Plans 83-002 and 90-017) (Attachment 2) and was originally approved under City Council Resolution 99-79 on June 15, 1999, with 133 single family lots and other common lots (Attachment 3). Specific Plan 83-002 consists of approximately 1,800 residences (5,000 houses are allowed) and multiple championship golf courses. Specific Plan 90-017 consists of 880 units on 200 acres south of PGA West abutting portions of the Tom Weiskopf Signature Golf Course. Each of the planned communities share private streets and common open spaces. To the north and partially to the west of the proposed tract is the Rielly Homes development consisting of 200 single family houses, currently under construction. Golf course fairways make up approximately 59 percent of the site area. Tract access, as originally approved, is from Madison Street and Avenue 58, while private street lots connect to future streets in Tract 28838 to the north. A lot at the southeast corner of the site will provide future residential development (3.25 acres), a well site, and a sewer lift station. 361 P:\LESLIE\ccrptRevisedTTM29147KSL12-7-99.wpd Project Request The applicant requests a revision to the approved Tentative Tract 29147 (Attachments 4 & 5) to increase the number of single family residential lots from 133 to 152. The proposed increase in single family lots will change the width of the lots from the approved 85-feet to 100-feet in Phase I and 60-feet in Phase II. The originally approved average lot size was 14,536 square feet, but will change in Phase I to 17,513 square feet, and 10,140 square feet in Phase II. All residential lots will front onto private streets and generally back up onto golf course fairways, as originally approved. Common open space amenity lots (well sites, private streets, open space/landscape) will be increased throughout the project and relabelled as Lots "T" through "LL" in Phase I, and as Lots "MM" through "WW".in Phase II. The proposed additional lettered lots will consist of small landscape lots and well site lots. An approved cul-de-sac street lot (originally Lot "H") near the entrance to Avenue 58 has been removed in order to increase the size of proposed Lots 54 through 58. Public Notice: This map revision application was advertised in the Desert Sun newspaper on November 26, 1999, and mailed to all property owners within 500-feet of the site. No written correspondence has been received. Any comments received will be distributed at the hearing. Public Agency Review: On November 3, 1999, the applicant's request was sent to affected public agencies for comment. All pertinent comments received have been incorporated into the Conditions of Approval. Planning Commission Action The Planning Commission considered this request at its meeting of November 23, 1999, and by a 5-0 vote recommended approval of the residential subdivision by adoption of Resolution 99-080, subject to Conditions of Approval. A copy of the draft minutes is attached (Attachment 6). FINDINGS AND ALTERNATIVES: Findings necessary to approve this request can be made and are contained in the attached Resolution. The alternatives available to the City Council include: Adopt of Resolution of the City Council approving Revised Tentative Tract Map 29147, subject to Conditions of Approval; or 2. Do not approve Revised Tentative Tract Map 29147; or 3. Provide staff with alternative direction. 362 P:\LESLIE\ccrptRevisedTTM29147KSr,12-7-99. wpd Respectfully submitted, n) Community Development Director Approved for Submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. PGA West Location Map 3. Tentative Tract Map 29147 - Approved (Reduction) 4. Revised Tentative Tract Map 29147 - Proposed (Reduction) 5. Large Exhibit (Council Only) 6. Draft Minutes from Planning Commission - November 23, 1999 363 P:\LESLI E\ccrptRevisedTTM29147KSL 12-7-99.wpd RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN INCREASE IN THE NUMBER OF SINGLE FAMILY LOTS FROM 133 TO 152, ADD OTHER COMMON LOTS, AND REMOVE A PRIVATE STREET LOT, ON 172.88 ACRES LOCATED AT THE NORTHEAST CORNER OF MADISON STREET AND AVENUE 58 CASE NO.: REVISED TENTATIVE TRACT MAP 29147 APPLICANT: KSL LAND CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 7'" of December, 1999, hold a duly noticed Public Hearing for KSL LAND CORPORATION for development of 152 single family residential lots, a future development lot and other common lot subdivision on 172.88 acres within Specific Plans 83-002 and 90-017, generally located at the northeast corner of Madison Street and Avenue 58; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of November, 1999, hold a duly noticed Public Hearing for KSL LAND CORPORATION, and did recommend approval under Resolution 99-080 for development of 152 single family residential lots, a future development lot and other common lot subdivision on 172.88 acres in Specific Plans 83-002 and 90-017, generally located at the northeast corner of Madison Street and Avenue 58, more particularly described as: Parcels 4 and 5 of Lot Line Adjustments 95-208 and 98-286; SW 1/4 of Section 22, T6S, R7E, SBBM (APN: 761-140-015, 761-170-036 thru -039) WHEREAS, said Revised Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The La Quinta Community Development Department has determined that Tentative Tract Map 29147 is within Specific Plans 83-002 and 90-017 and is exempt from the California Environmental Quality Act of 1970, as amended, per Public Resources Code Section 65457(a). Environmental Impact Reports (State Clearinghouse Numbers 83062922 and 90020727) for the Specific Plans were certified by the City Council in 1984 and 1991, respectively. No changed circumstances or conditions exist which would trigger the preparation of a subsequent environmental impact report pursuant to Public Resources Code 21166; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings approving said Revised Tentative Tract Map 29147: PAccresRevised TTM29147KSL12-7-99.wpd City Council Resolution 99-_ Revised Tentative Tract Map 29147 December 7, 1999 Finding Number 1 - Consistency with General Plan: A. The property is designed Low Density Residential (LDR). The Land Use Element of the General Plan allows residential land uses. The project is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2 ) because residential lots are proposed and the density is less than allowed. The project, as conditioned, is consistent with the goals, objectives, and policies of the General Plan Circulation Element in that the perimeter streets will be improved as required. Finding Number 2 - Consistency with Specific Plans 83-002 (Amendment #3) and 90-017 and City Zoning Ordinance: A. The proposed single family lots exceed the minimum size requirement of 6,500 square feet. Specific Plan 83-002 allows 5,000 houses and SP 90-017 allows 880 houses oriented around golf courses and other resort commercial land uses. The proposed 152 residential lots are consistent with and will not negatively impact the overall growth and development of PGA West. B. The proposed single family lots are consistent with the City's Zoning Code in that development standards and criteria contained in the PGA West Specific Plans supplement and/or replace those in the City's Zoning Code. Detached (or attached) single family houses will be built as required. Conditions are recommended ensuring compliance with both the PGA West Specific Plans and Zoning Code. Finding Number 3 - Compliance with the California Environmental Quality Act: A. Revised Tentative Tract Map 29147 is within Specific Plans 83-002 and 90-017. The project is exempt from the California Environmental Quality Act per Public Resources Code Section 65457(a). Environmental Impact Reports (State Clearinghouse Numbers 83062922 and 90020727) were certified by the City Council in 1984 and 1991 for each specific plan, respectively. No changed circumstances, or conditions, exist which would trigger the preparation of a subsequent Environmental Impact Report pursuant to Public Resources Code 21166. Finding Number 4 - Site and Landscape Design: A. The proposed site design conforms with the design guidelines identified in SP 83- 002 and 90-017 and provides a harmonious transition between other approved residential lots in PGA West. 365 PAccresRevised TTM29147KSL12-7-99.wpd City Council Resolution 99-_ Revised Tentative Tract Map 29147 December 7, 1999 B. The proposed common landscaping will be privately maintained. The landscape areas complement the surrounding residential areas in that it enhances the aesthetic and visual quality of the area. C. The site is relatively flat which makes it physically suitable for the proposed land division. Finding Number 5 - Site Improvements: A. Stormwater runoff will be diverted to the existing golf courses to ensure on- and off - site properties are not impacted from seasonal storms. Well sites and tract grading will be designed to direct and dispose of all blow -off water on site. B. The proposed private streets serve all proposed lots and connects to other existing streets in the PGA West development. Internal access is provided as required ensuring public safety vehicles proper access to this residential area. C. Infrastructure improvements such as gas, electric, sewer, and water will be extended to service the site in underground facilities as planned under the Specific Plan. No adverse impacts have been identified based on letters of response from affected public agencies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby require compliance with those mitigation measures required for Specific Plans 83-002 and 90-017, as amended; 3. That it does hereby confirm the conclusion that the Environmental Impact Reports for the Specific Plans 83-002 and 90-017, as amended, assessed the environmental concerns of this revised tentative tract map; and, 4. That it does approve Revised Tentative Tract Map 29147 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held the 7th day of December, 1999, by the following vote, to wit: PAccresRevised TfM29147KSL12-7-99.wpd City Council Resolution 99-— Revised Tentative Tract Map 29147 December 7, 1999 AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California *%19 v 3C7 PAccresRevised TTM29147KSL12-7-99.wpd RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED REVISED TENTATIVE TRACT MAP 29147 KSL LAND CORPORATION DECEMBER 7, 1999 GENERAL This approval shall expire and become null and void on December 7, 2001, unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. 2. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3. The tentative map and all final maps pursuant thereto shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). 4. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictigns. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent received from the CWQCB prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. P:\LESLIE\CCREStnn29147ks1dEC7,99.wpd Page 1 of 12 " � ` d'lV 8 J V3 Resolution 99- Revised Tentative Tract Map 29147- Recommended December 7, 1999 PROPERTY RIGHTS 5. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 6. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 7. Right of way dedications required of this development include: A. Madison Street - 55-foot half of 1 10-foot right of way. B. Avenue 58 - 55-foot half of 1 10-foot right of way. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant interim easements to those areas within 60 days- of written request by the City. 8. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 9. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): A. Madison Street - 20 feet B. Avenue 58 - 20 feet The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 369 P:\LESLIE\CCRESttm29147ks1dEC7,99.wpd Page 2 of 1� f, ,j Resolution 99- Revised Tentative Tract Map 29147- Recommended December 7, 1999 10. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 11. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along those streets and properties except access points shown on the approved tentative map. 12. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 13. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) AND PARCEL MAP(S) 14. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 15. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x.36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans. shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, equestrian paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. P:\LESLIE\CCRESnm29147ks1dEC7,99.wpd Page 3 l f 7 0 Resolution 99- Revised Tentative Tract Map 29147- Recommended December 7, 1999 Plans for improvements not listed above shall be in formats approved by the City Engineer. 16. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 17. When final plans are -approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 18. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City prior to approval of any final map pursuant to this tentative map, the applicant shall, at the time of approval of the final map, reimburse the City for the cost of those improvements. 19. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 20. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. _ iJ. 371 P:\LESLIE\CCREStn29147ks1dEC7,99.wpd Page 4 of 12 Resolution 99- Revised Tentative Tract Map 29147- Recommended December 7, 1999 Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 21. If improvements are phased with multiple final maps or other administrative approvals (e.g., a Site Development Permit), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 22. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. 23. The applicant's obligations for portions of the required improvements may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. GRADING 24. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is located within or immediately adjacent to a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall receive Conditional Letters of Map Revision based on Fill (CLOMR/F) from FEMA. Prior to final acceptance by the City of subdivision improvements, the applicant shall have received final LOMR/Fs for all such lots. 25. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. P:\LESLIE\CCRESttm29147ksidEC7,99. wpd Page 5 of 12) �- Resolution 99- Revised Tentative Tract Map 29147- Recommended December 7, 1999 26. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 27. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 28. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control plan prepared in accordance with Chapter 6.16, LQMC. The applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 29. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 30. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by a civil engineer or surveyor. The certifications shall list approved pad elevations, actual elevations, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. DRAINAGE 31. Stormwater water and nuisance water handling shall conform with the approved hydrology and drainage plans for Specific Plans 83-002 and 90-017. UTILITIES 32. The applicant shall obtain the approval of the City Engineer for the location of all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for aesthetic as well as practical purposes. 33. Existing and proposed wire and cable utilities within or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 34. Underground utilities shall be installed prior to overlying hardscape. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. P:\LESLIE\CCRESttm29147ks1dEC7,99.wpd Page 6 of 12 Resolution 99- Revised Tentative Tract Map 29147- Recommended December 7, 1999 STREET AND TRAFFIC IMPROVEMENTS 35. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF -SITE STREETS 1) Madison Street (Primary Arterial) - Construct the east half of an 86- foot street improvement including the full 18-foot landscape median and, if the west side has not been improved, a 16-foot southbound lane. 2) Avenue 58 (Primary Arterial) - Construct the north half of a 86-foot street improvement including half of the 18-foot landscape median. 3) Traffic Signals - 100% of the cost to design and install traffic signals at the secondary residential access drives on Madison Street and Avenue 58, when warranted. B. PRIVATE STREETS AND CULS DE SAC 1) Residential: 36-foot travel width. Width may be reduced to 32 feet with parking restricted to one side and 28 feet with on -street parking prohibited if there is adequate off-street parking for residents and visitors and the applicant provides for perpetual enforcement of the restrictions by the homeowners association. Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 36. General access points and turning movements of traffic are limited to the following: A. Secondary Residential Access on Madison Street approximately 1,490 feet north of the centerline of Avenue 58 - full turning movements (with traffic signal). B. Secondary Residential Access on Avenue 58 approximately 1,490 feet east of the centerline of Madison Street - full turning movements (with traffic signal). 14 t P:\LESLIE\CCRESttm29147ks1dEC7,99.wpd Page 7 of 12 Resolution 99- Revised Tentative Tract Map 29147- Recommended December 7, 1999 37. Improvements shall include appurtenances such as traffic control signs, markings and other devices. Mid -block street lighting is not required. 38. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 39. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer., Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 40. Street right of way geometry for knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 41. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 42. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking'Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 43. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 44. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are .1 �3 f a P:\LESLIE\CCRESttm29147ks1dEC7,99.wpd Page 8 of 12 Resolution 99- Revised Tentative Tract Map 29147- Recommended December 7, 1999 initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING/PERIMETER WALLS 45. The applicant shall provide landscaping in required setbacks, retention basins and common lots. 46. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect and comply with Chapter 8.13 of the Municipal Code. The applicant shall submit off -site landscaping plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 47. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 48. Perimeter walls and required landscaping for the entire perimeter to be enclosed shall be constructed prior to final inspection and occupancy of any homes within the tract unless a phasing plan, or construction schedule, is approved by the City Engineer. 49. The landscape improvements for Madison Street shall be designed to comply with Policy 3-4.1.6 of the General Plan (i.e., Agrarian Image Corridor). 50. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 51. The developer and subsequent property owner shall continuously maintain all required. landscaping in a healthy and viable condition as required by Section 9.60.240 (E3) of the Zoning Ordinance. PUBLIC SERVICES 52. The applicant shall provide public transit improvements as required by Sunline Transit and/or the City. P:\LESLIE\CCRESttm29147ksldEC7,99.wpd Page 9 of 12 �wJ Resolution 99- Revised Tentative Tract Map 29147- Recommended December 7, 1999 QUALITY ASSURANCE 53. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 54. The subdivider shall arrange and bear the cost of measurement, sampling and testing not included in the City's permit inspection program, but which are required by the City to provide evidence that materials and their placement comply with plans and specifications. 55. The applicant shall employ, or retain, California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. 56. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the City Engineer. Each sheet of the drawings shall have the words "Record Drawings," "As -Built" or "As - Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the plan computer files previously submitted to the City to reflect the as -constructed condition. MAINTENANCE 57. The applicant shall make provisions for continuous, perpetual maintenance of all required improvements unless and until expressly released from said responsibility by the City. This shall include formation of a homeowner's association or other arrangement acceptable to the City for maintenance of retention basins, common areas and perimeter walls and landscaping. FIRE DEPARTMENT 58. Fire hydrants in accordance with Coachella Valley Water District Standard W-33 shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1,000 g.p.m. for a 2-hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 59. Applicant/developer will provide written certification for the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. P: \LESLIE\CCRESnm29147ks1dEC7,99. wpd Page 10 W 12 377 ',17 Resolution 99- Revised Tentative Tract Map 29147- Recommended December 7, 1999 60. Prior to recordation of the final map, applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for. review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed and approved by the registered Civil Engineer and the local water company with the following certification: "l certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 61. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. 62. A temporary water supply for fire protection may be allowed for the construction of the model units only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. 63. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. 64. Residential gate entrance openings shall be not less than 16 feet in width. All gates shall be located at least 40 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Gates shall have either a secondary power supply or an approved manual means to release mechanical control of the gate in the event of loss of primary power. FEES AND DEPOSITS 65. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 66. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. 67. Plan check fees required by the Riverside Country Fire Department shall be paid when plans are submitted for review and approval. 68. Prior to final map approval, parkland mitigation fees for houses within SP 90-017 shall be paid to the Community Development Department. 378 P:\LESLIE\CCRESam29147ks1dEC7,99.wpd Page 11 of 12 3;13 Resolution 99- Revised Tentative Tract Map 29147- Recommended December 7, 1999 MISCELLANEOUS 69. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 70. Applicable conditions of Specific Plans 83-002 (Amendment #3) and 90-017 as amended shall be met prior to building permit issuance. 71. The layout and design of the permanent tract access gates shall be approved by the Community Development Department after review and approval by the Fire Department. 72. The project's Homeowners' Association (HOA) will be organized to administer and maintain common open space, perimeter landscaping, private roads, security, and architectural 'consistency pursuant Section 12.0 (Phasing and Implementation) of SP 90-017 and as required by SP 83-002. 73. Prior to building permit issuance, housing plans for the tract shall be reviewed and approved by the Planning Commission. 74. The applicant shall construct an equestrian trail along the Madison Street frontage. The location and design of the trail shall be approved by the City. A split rail fence shall be constructed to separate the equestrian trail from the pedestrian sidewalk and perimeter wall in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. The equestrian facilities shall match the improvements being installed for Tract 28838 and be completed prior to issuance of Certificate of Occupancy for the first residence. Bonding for the equestrian facilities shall be posted prior to final map approval. P: \LESLIE\C CRESttm29147ksldEC7, 99. wpd Page 12 of 12 J 79 0 19 ATTACHMENT 1 52nd 1AVENUE rn 53rd AVENUE ' o z 54th AVENUE i AIRPORT BLVD. A, fln TRACT N0, 29147 58th AVENUE V1CI�IITY MAP NOT TO SCALE t 4 .. 380 9 v N-1 Lw-m Araj�'""71 l J { � ?.I �r'_k r � ,� �7r��� i� is��1 .,,j-j j'�'i`✓, �F+'1� i � •�• 6 y� i Ir ff,;/�r sjYaLQ4VAWi r od !+ ydWW SM � �Vl I al } + •i ', Ks 0 11 J AL I I AIL o1_x 31-Ir N,67j, MV zx 3LIrli 3M MAE'' I A&ZA! . . i � no OWE: Mn 1 , Is KNIMIA: I1M,IMMK! imm�;, an! 01MIJISM k.,A a 0 1 a 1 a -Mali -M a A ON! A US I w ME N1 ON I :a Ir, am sWipow no livess'Nilsor ow!'AMMI—ami'loc 'Mm; LIVER i wm. I am Mt. am Mm -2 M=;,T MCI, 'NMI am KS1 174 ATTACHMENT #6 Planning Commission Minutes November 23, 1999 closure of the Golf School. Proof of the close of escrow shall be supplied to the Community Development Department prior to occupancy of any of the homes in this Tract. ROLL CALL: AYES: Commissioners Abels, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioner Butler. Commissioner Butler rejoined the Commission. B. Revised Tentative Tract Map 29147; a r to increase the number of single family and remove a private street lot on 172. 1. Chairman Kirk opened the public he Planning Manager Christine di Iorio p] the staff report, a copy of which is on Department. 2. Senior Engineer Steve S' recommended revisions to #37.A.2; #37.A.3;, ##38.A. 3. Chairman Dirk asked if tl Tyler asked staff if they A limits. Staff stated this wE 133 for asked for the staff report. e information contained in 'Community Development the Public Works Department f Approval: Condition #37.A.1; questions of staff. Commissioner the maximum number of allowed asked if the applicant would like to address the Commission. ;h,_MDS Consulting representing the applicant, stated they all the conditions as revised. He requested that on Condition sidential" be added at the beginning of the sentence. 5. Commissioner Tyler asked the applicant to show on the map the changes proposed. Mr. Bergh did so. 6. There being no further discussion, Chairman Kirk closed the public hearing and opened the issue for Commission discussion. 7. There being no discussion, it was moved and seconded by Commissioners Butler/Abels to adopt Planning Commission Resolution 99-080 recommending to the City Council approval of Revised Tentative Tract Map 29147, subject to the Findings and Conditions of Approval as amended. a. Condition #5: Delete b. Condition #36: Delete CAMy Documents\WPDOCS\PC11-23-99.wpd 3 Planning Commission Minutes November 23, 1999 C. d. e. f. Condition #37.A.1.: Madison Street (Primary Arterial) - Construct the east half of an 86 foot street improvement including the full 18-foot landscape median and, if the west side has not been improved, a 16 foot southbound lane." Condition #37.A.: Delete the last paragraph Condition #37.A.2.: Avenue 58 (Primary Arterial) - Construct north half of 86 foot street improvement including hall of the 18 foot landscape median. Condition #70: "Residential gates...." ROLL CALL: AYES: Commissioners Abels, Butler, Kirk. NOES: None. ABSTAIN: No VI. BUSINESS ITEMS: A. Continued - Site Development Perr Crowell Communities for approval prototype residential units for TrE Adams Street within Starlight Dur 1. 2. 3 4. Commissioner Butler 4 and withdrew from the t-ommissroner Communities recommended. Amendment #1; a request of Century- rchitectural and floor plan changes for north of FredWaring Drive, west of a possible conflict of interest the staff report. Principal Planner Stan Sawa )ntained in the staff report, a copy of which is on 3evelopment Department. staff if the Architectural and Landscaping Review :d the plans. Staff stated no because the changes were k asked if the applicant would like to address the Ms. Marty Butler, representing Century -Crowell stated they had no objections to the conditions as 5. Commissioner Tyler asked if the Homeowners' Association for Starlight Dunes had approved the plans. Ms. Butler stated they were not in favor of one facade of Plan 4A and they would delete that elevation to resolve their concerns. Commissioner Tyler questioned why the statement "by Bermuda Dunes Country Club" appeared on the plans and if they had approval from 385 CAMy Documents\WPDOCS\PC11-23-99.wpd 4 T4ht 44Q" COUNCIL/RDA MEETING DATE: December 7,1999 Public Hearing on Tentative Parcel Map 29288 & Site Development Permit 99-655 to Consider an Appeal of the Planning Commission's Decision on Condition No. 53 of the Site Development Permit and Condition No. 37 of the Tentative Parcel Map Requiring Undergrounding of Overhead Utility Lines for the Property Located at the Northeast Corner of Adams Street and Miles Avenue. Appellant: Mark & Dorothy Hastings RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council denying the appeal request and upholding the Planning Commission's decision for Site Development Permit 99-555, subject to the Findings and Conditions of Approval. Adopt a Resolution of the City Council denying the appeal and upholding the Planning Commission's decision for Tentative Parcel Map 29288, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS: CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The vacant 4.22 acre site is located at the northeast corner of Adams Street and Miles Avenue (Attachment 1). The two -parcel subdivision (Attachment 2) and Site Development Permit (Attachment 3) are part of a development of a private preschool campus that included Conditional Use Permit 99-044 approved by the Planning Commission (Resolutions 99-075, 99-076 and 99-077) on October 26, 1999. The preschool campus is to be constructed on Parcel 1 (1.28 acres). No development is proposed at this time for Parcel 2 (2.44 acres). The property is within the Low Density Residential Zoning District P:\LESLIE\ccrptTPM29288SDP99-655APPEAL12-7-99.wpd and is surrounded by residential development of three sides and a church campus to the west. The Tentative Parcel Map and Site Development Permit were approved with conditions of approval that are subject to the appeal. There are approximately 63,400 lineal feet (12.0 mi.) of joint -use 92 Kv power lines in the City of La Quinta. Joint -use means that in addition to the 92 Kv power transmission lines attached to the utility poles that transmit electric power between power substations, the poles also have other utilities attached to them. The other utilities include: telephone, TV cable, and 12 Kv distribution power lines. All of the utilities in the latter category can be undergrounded. The 92 Kv power transmission lines in the first category cannot be underground because IID has informed the City that their agency is not equipped to maintain underground power lines with voltage exceeding 34.5 Kv. The requirement to underground all utilities with voltage less than 34.5 Kv has been a standard requirement. The status of 12.0 miles 92 Kv transmission lines can be broken into four basic categories: 20% of the land adjacent to the 92 Kv transmission line alignment has been developed and the City has no opportunity to obtain underground facilities at developer expense. 2. 9% of the land adjacent to the 92 Kv transmission line alignment is being developed and has the standard condition regarding undergrounding of utilities under 34.5 Kv, but no performance bonds were obtained when the final map was approved to ensure satisfaction of the requirement. 3. 18% of the land adjacent to the 92 Kv transmission line alignment is being developed in phases and the City has opportunity to obtain underground facilities at developer expense in future phases. 4. 53% of the land adjacent to the 92 Kv transmission line alignment remains to be developed. First School of the Desert fits into the fourth category mentioned above. The land north and south of the First School project site fits into the first category. Project Request The applicant has filed an appeal (Attachment 4) of Condition No. 53 of the Site Development Permit and of Condition No. 37 of the Tentative Parcel Map which both require "existing aerial lines and all proposed utilities within or adjacent to the proposed development to be installed underground. Power lines exceeding 34.5 Kv are exempt from this requirement." Public Notice: This appeal application was advertised in the Desert Sun newspaper on November 16, 1999, and mailed to all property owners within 500 feet of the site. No written correspondence has been received. Any comments received will be distributed at 387 the meeting. 002 P:\LES LI E\ccrptTPM29288SDP99-655APPEAL12-7-99.wpd Public Agency Review: On November 16, 1999, the applicant's request was sent to affected public agencies for comment. All pertinent comments received have been incorporated into the Conditions of Approval. Planning Commission Action The Planning Commission on October 26, 1999, by a 4-0-1 vote, recommended approval of the Tentative Parcel Map by adoption of Resolution 99-99-077, and of Site Development Permit 99-655 by adoption of Resolution 99-076, both subject to Conditions of Approval. The conditions for undergrounding are contained in the recommended conditions for both applications. The Planning Commission did not specifically discuss, nor did the applicant raise the issue of undergrounding utilities at the meeting. A copy of the minutes is attached (Attachment 5). FINDINGS AND ALTERNATIVES: All findings specific to requirements for undergrounding utility lines necessary to deny this appeal request and uphold the decision of the Planning Commission can be made and are contained in the attached Resolutions. The alternatives available to the City Council include: Adopt a Resolution of the City Council denying the appeal request and upholding the Planning Commission's decision for Tentative Parcel Map 29288, subject to Conditions of Approval; and, Adopt a Resolution of the City Council denying the appeal request and upholding the Planning Commission's decision for Site Development Permit 99-655, subject to Conditions of Approval; or 2. Approve the appeal requests; or 3. Provide staff with alternative direction. Respectfully sub itted, n, Community Development Director Approved for submission by: K2 Thomas P. Genovese, City Manager 388 U0 3 P ALESLI E\ccrptTPM29288SDP99-655APPEAL12-7-99.wpd Attachments: 1. Location Map 2. TPM Exhibit (Council only) 3. SDP Exhibit 4. Letter of Appeal 5. Minutes from Planning Commission - October 26, 1999 389 004 P:\LES LI E\ccrptTPM29288S DP99-655APPEAL12-7-99.wpd RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING THE APPEAL OF MARK & DOROTHY HASTINGS AND UPHOLDING THE PLANNING COMMISSION'S DECISION ON CONDITION NO. 37 REQUIRING THE UNDERGROUNDING OF OVERHEAD UTILITY LINES FOR A TENTATIVE PARCEL MAP LOCATED AT THE NORTHEAST CORNER OF MILES AVENUE AND ADAMS STREET. CASE NO.: TENTATIVE PARCEL MAP 29288 - APPEAL APPELLANT: MARK & DOROTHY HASTINGS (FIRST SCHOOL OF THE DESERT) WHEREAS, the City Council of the City of La Quinta, California, did on the 7th day of December, 1999, hold a duly noticed Public Hearing to consider the appeal of Mark and Dorothy Hastings regarding the requirement to underground overhead utility lines, poles, and related structures pursuant to Condition No. 37 of Tentative Parcel Map 29288 located at the northeast corner of Miles Avenue and Adams Street, more particularly described as: Assessors Parcel Number: 604-071-050 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26th day of October, 1999, hold a Public Hearing to consider the request of Mark & Dorothy Hastings to subdivide 4.22 gross acres in the Low Density Residential Zoning District into two parcels, and on a 4-0-1 vote, approved the request by adoption of Resolution 99-077, subject to conditions; and WHEREAS, . at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to deny the appeal and uphold the decision of the Planning Commission: Finding Number 1 - Consistency with CEQA Environmental Assessment 99-382 was prepared for the proposed preschool facility with a Mitigated Negative Declaration of Environmental Impact certified by the Planning Commission on October 26, 1999. The Initial Study considered Aesthetic and Hazard issues, for which the requirement for undergrounding overhead utility lines was required. With the implementation of the recommended mitigation measures, impacts will be mitigated to a level of insignificance. PALESLIE\ccresTPM29288APPEAL12-7-99.w d U ►� P Resolution 99- Tentative Parcel Map 29288 - Appeal December 7, 1999 Finding Number 2 - Consistency with the General Plan The proposed tentative parcel map as conditioned is consistent with Policy 7-1.4.3 requiring undergrounding of overhead utility lines to enhance the visual quality of the City. Finding Number 3 - Public Health and Safety As conditioned, undergrounding of the overhead utility lines will substantially reduce hazards and preserve the natural beauty and landscape by keeping from public view such functional, but nonaesthetic facilities, pursuant to Municipal Code Section 8.03.020 - Electrical Code. The location of such lines above the ground surface makes them susceptible to damage, destruction, and being rendered inoperable by weather or human causation. The existence of lines above the ground is detrimental to the general welfare of the City by its blight on the natural beauty and aesthetic environment, and the resulting interference with the restfulness, tranquility and pleasure of City residents in viewing the natural landscape. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby require compliance with those mitigation measures required for Tentative Parcel Map 29288; 3. That it does deny the appeal request and does uphold the decision of the Planning Commission for Tentative Parcel Map 29288 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of December, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 391 v�J P:\LES LI E\ccresTPM29288APPEAL 12-7-99.wpd Resolution 99- Tentative Parcel Map 29288 - Appeal December 7, 1999 JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney La Quinta, California P:\LESLI E\ccresTPM29288APPEAL12-7-99.wpd RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 29288 - APPEAL DECEMBER 7, 1999 GENERAL CONDITIONS 1. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. This tentative parcel map and any final maps thereunder shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). 3. Prior to the issuance pf a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 4. The applicant shall comply with the terms and requirements of the infrastructure fee program in effect at the time of issuance of building permits. 9 3 P:\CCCOAtpm29288aPPEAL12-7-99.wpd Printed December 1, 1999 Page 1 of 8 Resolution 99- Conditions of Approval - Recommended Tentative Parcel Map 29288 - Appeal December 7, 1999 5. PROPERTY RIGHTS 6. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. 7. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 8. Right of way geometry for culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 9. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 10. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): A. Miles Avenue - 20 feet B. Adams Street - 10 feet The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 11. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 12. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved tentative map. 13. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. P:\CCCOAtpm29288aPPEAL12-7-99.wpd Printed December 1, 1999 Page 2 of 8 Resolution 99- Conditions of Approval - Recommended Tentative Parcel Map 29288 - Appeal December 7, 1999 14. The applicant shall dedicate an easement or easements as necessary and as approved by the City .Engineer allowing Parcel 1 to install and maintain drainage facilities on Parcel 2. 15. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 16. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) AND PARCEL MANS) 17. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 18. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. P:\CCCOAtpm29288aPPEAL12-7-99.wpd Printed December 1, 1999 -Page 3395 Resolution 99- Conditions of Approval - Recommended Tentative Parcel Map 29288 - Appeal December 7, 1999 Plans for improvements not listed above shall be in formats approved by the City Engineer. 19. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 20. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENTS 21. The applicant shall construct perimeter improvements (landscaping and sidewalk) for each parcel prior to final inspection or occupancy of any permanent building on the parcel. If a parcel is further subdivided, the improvements shall be constructed as required in the conditions of approval for that subdivision. GRADING 22. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 23. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 24. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage where the differential shall not exceed five feet. k,J P:\CCCOAtpm29288aPPEAL12-7-99.wpd Printed December 1, 1999 Page 4 of 8 396 Resolution 99- Conditions of Approval - Recommended Tentative Parcel Map 29288 - Appeal December 7, 1999 The limits given in this condition are not an entitlement and more restrictive limits may be imposed in the public hearing or plan checking process. If compliance with the limits is impractical, however, the City will consider alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 25. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 26. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 27. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 27. Prior to approval of a final map, the applicant shall furnish an approved design for conveyance of stormwater between parcels one and two and, if allowed, for conveyance to off -site facilities. 28. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) `shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 29. Stormwater shall normally be retained in common retention basins. Individual -lot basins or other retention schemes may be approved by the City Engineer for lots 2'/2 acres in size or larger or where the use of common retention is impracticable. If individual -lot retention is approved, the applicant shall meet the individual -lot retention provisions of Chapter 13.24, LQMC. P:\CCCOAtpm29288aPPEAL12-7-99.wpd Printed December 1, 1999 Page 5 of 8 Resolution 99- Conditions of Approval - Recommended Tentative Parcel Map 29288 - Appeal December 7, 1999 30. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 31. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 32. Retention facility design shall be based on site -specific percolation data which shall be submitted for checking with the retention facility plans. The design percolation rate shall not exceed two inches per hour. 33. Retention basin slopes shall not exceed 3:1. Maximum retention depth shall be six feet for common basins and two feet for individual -lot retention. 34. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leachfield approved by the City Engineer. The sand filter and leachfield shall be designed to contain surges of 3 gph/1,000 sq. ft. (of landscape area) and infiltrate 5 gpd/1,000 sq. ft. 35. In developments for which security will be provided by public safety entities (e.g., the La Quinta Safety Department or the Riverside County Sheriff's Department), retention basins shall be visible from adjacent street(s). No fence or wall shall be constructed around basins unless approved by the Community Development Director and the City Engineer. UTILITIES 36. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 37. Existing aerial lines and all proposed utilities within or adjacent to the proposed development shall be' installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 38. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. J13 398 P:\CCCOAtpm29288aPPEAL12-7-99.wpd Printed December 1, 1999 Page 6 of 8 Resolution 99- Conditions of Approval - Recommended Tentative Parcel Map 29288 - Appeal December 7, 1999 STREET AND TRAFFIC IMPROVEMENTS 39. Public access to Parcel 1 shall be limited to a single driveway at the north end of the parcel. 40. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 41. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 42. The City will conduct.final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. LANDSCAPING 43. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 44. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. P:\CCCOAtpm29288aPPEAL12-7-99.wpd 0.14 399 Printed December 1, 1999 Page 7 of 8 Resolution 99- Conditions of Approval - Recommended Tentative Parcel Map 29288 - Appeal December 7, 1999 45. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. PUBLIC SERVICES 46. The applicant shall provide public transit improvements as required by Sunline Transit and/or the City. QUALITY ASSURANCE 47. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 48. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 49. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 50. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all public improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 51. The applicant shall make provisions for continuous, perpetual maintenance of all on - site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. FEES AND DEPOSITS 52. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 015 P:\CCCOAtpm29288aPPEAL12-7-99.wpd Printed December 1, 1999 Page 8 of 8 400 RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING THE APPEAL OF MARK & DOROTHY HASTINGS AND UPHOLDING THE PLANNING COMMISSION'S DECISION REQUIRING THE UNDERGROUNDING OF OVERHEAD UTILITY LINES FOR A PRESCHOOL, FACILITY LOCATED AT THE NORTHEAST CORNER OF MILES AVENUE AND ADAMS STREET CASE NO.: SITE DEVELOPMENT PERMIT 99-655 - APPEAL APPELLANT: MARK & DOROTHY HASTINGS (FIRST SCHOOL OF THE DESERT) WHEREAS, the City Council of the City of La Quinta, California, did on the 7th day of December, 1999, hold a duly noticed Public Hearing to consider the appeal of Mark & Dorothy Hastings regarding the requirement to underground overhead utility lines, poles and associated structures pursuant to Condition No. 53 of Site Development Permit 99-655 located at the northeast corner of Miles Avenue and Adams Street, more particularly described as: A Portion of A.P.N.: 604-071-005 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26th day of October, 1999, hold a duly noticed Public Hearing at the request of Mark and Dorothy Hastings to consider approval of architectural and landscaping plans for a preschool facility to be constructed at the northeast corner of Miles Avenue and Adams Street, which was approved by adoption of Resolution 99-076 by a vote of 4-0-1, subject of conditions; and, WHEREAS, the Architecture and Landscaping Review Committee of the City of La Quinta, California, did on the 7th day of October, 1999, hold a duly -noticed public meeting to consider approval of architectural and landscape plans for a preschool facility to be constructed on Miles Avenue, and did, by Minute Motion 99- 019, recommend approval of the request subject to conditions; and, WHEREAS, Environmental Assessment 99-382 was prepared for Site Development Permit 99-655 with the Planning Commission certifying a Mitigated Negative Declaration of Environmental Impact; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did find the following facts and reasons to justify denial of the appeal request and upholding the.Planning Commission's decision of said Site Development Permit: 016 401 P Accres S D P99-655AP P EAL 12-7-99.wpd Resolution 99- Site Development Permit 99-655 - Appeal December 7, 1999 1 . Consistency with General Plan. The proposed preschool facility is consistent with the goals and policies of the General Plan in that the use's design, low height, scale, and mass is compatible with the Low Density Residential (LDR) designation of the surrounding properties, and the project is required to provide meandering sidewalks of 6-feet width along Miles Avenue (a primary arterial with Class II bike route) and 8-feet width along Adams Street (a secondary arterial with Class III bike route) pursuant to the General Plan Circulation System Policy Diagram and the Bike Route Plan. Policy 7-1.4.3 requires undergrounding of overhead utility lines, poles and associated structures to enhance the visual quality of the City. 2. Consistency with CEQA. Environmental Assessment 99-382 was prepared for the proposed preschool facility with a Mitigated Negative Declaration of Environmental Impact certified by the Planning Commission on October 26, 1999. The Initial Study considered Aesthetic and Hazard issues, for which the requirement for undergrounding overhead utility lines was required. With the implementation of the recommended mitigation measures, impacts will be mitigated to a level of insignificance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby deny the appeal and uphold the Planning Commission's decision for Site Development Permit 99-655 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 71h day of December, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quints, California 017 402 P:\ccresSDP99-655APPEAL 12-7-99.wpd Resolution 99- Site Development Permit 99-655 - Appeal December 7, 1999 ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California P:\ccresSDP99-655APPEAL 12-7-99.wpd 403 Page 3 of 3 018 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 99-655 - APPEAL MARK & DOROTHY HASTINGS - FIRST SCHOOL OF THE DESERT DECEMBER 7, 1999 GENERAL CONDITIONS OF APPROVAL The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of an improvement or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department • Community Development Department • Riverside County Environmental Health Department • Desert Sands Unified School District • Imperial Irrigation District • Coachella Valley Water District • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 3. Development of this site shall be in substantial conformance with Exhibits approved and contained in the file for Site Development Permit 99-655, unless amended by the following conditions. 4. This approval of Conditional Use Permit shall be used within one year; otherwise, it shall become null and void and of no effect whatsoever. "Be used" means beginning of substantial construction as allowed by this approval. 404 t019 PACCCOAs&99-655aWeal12-7-99.wod Page 1 of 10 Resolution 99- Conditions of Approval - Recommended Site Development Permit 99-655 - Appeal December 7, 1999 5. This Site Development Permit shall be effective in conjunction with Conditional Use Permit 99-044. 6. Prior to the issuance -of a grading permit, final landscape plans shall be revised to include: a. a three foot landscape berm along Miles Avenue and Adams Street. b. minimum 10-foot tall tree sizes (1.5-inch to 2-inch caliper measuring 6-inches from ground level). C. additional trees in the vicinity of the southwest corner and along Adams Street for appearance and to comply with parking lot shading requirements; d. a step in the height of the northern end of the perimeter garden wall down to 30-inches. 7. Prior to issuance of a grading permit, the sidewalk along Miles Avenue and Adams Street shall be redesigned per City standards. 8. Prior to issuance of a building permit, the material and method of construction of the parapet screen wall shall be provided to the Community Development Department. FIRE DEPARTMENT CONDITIONS: 9. Provide or show there exists a water system capable of delivering 2,000 gpm for a 2 hour duration at 20 psi residual pressure which must be available before any combustible material is placed on the job site. 10. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2 Y2" x 2 Y2") located not less than 25' or more than 165' from any portion of the building(s) as measured along approved vehicular travel ways. 11. The applicant/developer shall be responsible to submit written certification from the water company noting the location of the existing fire hydrant and that the existing water system is capable of delivering 2,000 gpm fire flow for a 2 hour duration at 20 psi operating pressure. If a water system currently does not exist, the applicant/developer shall be responsible to provide written certification that financial arrangements have been made to provide them. 12. Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. P:\CCCOAsdp99-655appeal12-7-99.wpd Page 2 of 10 405 020 Resolution 99- Conditions of Approval - Recommended Site Development Permit 99-655 - Appeal December 7, 1999 13. Prior to the issuance of a building permit, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans must be signed by a registered Civil Engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". 14. The required water system including fire hydrants shall be installed and operational prior to the start of construction. 15. All buildings shall be accessible by an approved all-weather roadway extending to within 150' of all portions of the exterior wall of the first story. 16. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fir department connection shall be located to the front width 50' of a hydrant, and a minimum of 25' from the building. 17. Install a supervised water flow fire alarm system as required by the UBC/Riverside County Fire Department and National Fire Protection Association Standard 72. 18. All fire sprinkler systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Planning & Engineering office for submittal requirements. 19. Install a fire alarm system as required by the Uniform Building Code for the appropriate occupancy classification and designed according with National Fire Protection Association Standard 72. 20. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fir lanes with appropriate lane painting and/or signs. 21. In accordance with LA Quinta Municipal Code and/or Riverside County Fire Department protection standards, install portable fire extinguisher(s) per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. 22. Install Knox Key Lock boxes, Models 440, 3200 or 1300, mounted per recommended standard of the Knox Company. Plans must be submitted to the Fire Department for approval of mounting location/position and operating standards. Special forms are available from this office for the ordering of the Key Switch, this form must be authorized and signed by this office for the correctly coded system to be purchased. P:\CCCOAsdp99-655appeall2-7-99.wpd Page 3 of 10 406 021 Resolution 99- Conditions of Approval - Recommended Site Development Permit 99-655 - Appeal December 7, 1999 23. If the building/facility is protected with a fire alarm system or burglar alarm system, the lock boxes will require "tamper" monitoring. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve (12) months. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding the meaning of these conditions should be referred to the Fire Department Planning & Engineering staff at (760) 863-8886. FEES AND DEPOSITS 24. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for the plan checks, permits, and inspections. 25. Within three days after Planning Commission approval, the applicant shall submit to the Community Development Department a check payable to the County of Riverside for $78.00. This fee shall be forwarded to the Riverside County Clerk's Office for payment of the State -required Fish and Game de minimus impact Fees and administrative handling fee. 26. The applicant shall comply with the terms and requirements of the infrastructure fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 27. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 28. Right of way geometry for culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 29. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 30. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): a. Miles Avenue - 20 feet b. Adams Street - 10 feet 1707 n� P:\CCCOAsdp99-655appeall2-7-99.wpd Page 4 of 10 Resolution 99- Conditions of Approval - Recommended Site Development Permit 99-655 - Appeal December 7, 1999 The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 31. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 32. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 33. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 34. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 35. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant 408 may acquire standard plan and/or detail sheets from the City. (�^3 P:\CCCOAsdp99-655appeal12-7-99.wpd Page 5 of 10 Resolution 99- Conditions of Approval - Recommended Site Development Permit 99-655 - Appeal December 7, 1999 36. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENTS 37. The applicant shall construct perimeter improvements (landscaping and sidewalk) prior to final inspection or occupancy of any permanent building on the parcel. If the parcel is further subdivided, the improvements shall be constructed as required in the conditions of approval for that subdivision. GRADING 38. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 39. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 40. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage where the differential shall not exceed five feet. The limits given in this condition are not an entitlement and more restrictive limits may be imposed in the public hearing or plan checking process. If compliance with the limits is impractical, however, the City will consider alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. P:\CCCOAsdp99-655appeal1,2-7-99.wpd Page 6 of 10 40 ll_X 1W Resolution 99- Conditions of Approval - Recommended Site Development Permit 99-655 - Appeal December 7, 1999 41. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control plan prepared in accordance with Chapter 6.16, LQMC. The applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 42. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 43. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 44. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 45. Stormwater shall normally be retained in common retention basins. Individual -lot basins or other retention schemes may be approved by the City Engineer for lots 2Y2 acres in size or larger or where the use of common retention is impracticable. If individual -lot retention is approved, the applicant shall meet the individual -lot retention provisions of Chapter 13.24, LQMC. 46. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 47. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 48. Retention facility design shall be based on site -specific percolation data which shall be submitted for checking with the retention facility plans. The design percolation rate shall not exceed two inches per hour. 414 P:\CCCOAsdp99-655appea112-7-99.wpd Page 7 of 10 0 2W5 Resolution 99- Conditions of Approval - Recommended Site Development Permit 99-655 - Appeal December 7, 1999 49. Retention basin slopes shall not exceed 3:1. Maximum retention depth shall be six feet for common basins and two feet for individual -lot retention. 50. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leachfield approved by the City Engineer. The sand filter and leachfield shall be designed to contain surges of 3 gph/1,000 sq. ft. (of landscape area) and infiltrate 5 gpd/1,000 sq. ft. 51. In developments for which security will be provided by public safety entities (e.g., the La Quinta Safety Department or the Riverside County Sheriffs Department), retention basins shall be visible from adjacent street(s). No fence or wall shall be constructed around basins unless approved by the Community Development Director and the City Engineer. UTILITIES 52. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 53. Existing aerial lines and all proposed utilities within or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 54. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREETS AND TRAFFIC IMPROVEMENTS 55. Public access shall be limited to a single driveway at the north end of the parcel. 56. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" 411 Major Arterial 5.5"/6.50" 6^6 P:\CCCOAsdp99-655appeal12-7-99.wpd. Page 8 of 10 Resolution 99- Conditions of Approval - Recommended Site Development Permit 99-655 - Appeal December 7, 1999 57. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 58. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. LANDSCAPING 59. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 60. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and. parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 61. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. PUBLIC SERVICES 62. The applicant shall provide public transit improvements as required by Sunline Transit and/or the City. QUALITY ASSURANCE 63. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 412 P:\CCCOAsdp99-655appeal12-7-99.wpd Page 9 of 10 0 7 Resolution 99- Conditions of Approval - Recommended Site Development Permit 99-655 - Appeal December 7, 1999 64. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings #65. 65. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 66. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all public improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 67. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. 413 P:\CCCOAsdp99-655appeal12-7-99.wpd Page 10 of 10 0 n 3 ATTACHMENT moo, SMrM AM T&% ]NC_ 11•.+s/cart/i...+s...� 14 .. 6 r-� ATTACHMENT # 415- 031 A .11/09/1999 04:56 7603237893 MSA INC. PAGE 02 •� ATTACHMENT 4 IDMainiero, Smith and Associates, Inc. Planning / Civil .Engineering /Land Surveying 777 East Tahquitz Canyon Way, Suite 301 / Palm Springs, Califomia 92262-6784 Telephone (760) 320-9811 / FAX (760) 323-7893 • e-mail info@mainierosrnith.com • www_mainierosmith.com 8 November 1999 Honorable Mayor and City Council City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Re: Appeal of Conditions of Approval for Site Development Permit No. 99-655 and Tentative Parcel Map No. 29288 This letter is to serve as our request to appeal a Planning Commission Condition of Approval. The Planning Commission unanimously approved the applications at its meeting of October 2dh subject to a number of conditions of approval. We agreed with all the conditions of approval based on our pre -meeting research, meetings with the staff and our understanding of the City's requirements. The condition has been applied to the Site Development Permit Application (Condition No. 53) and the Tentative Parcel Map (Condition No. 37) referenced above. The condition (stated below) 'relates to the undergrounding of the overhead utilities. "Existing aerial lines and all proposed utilities with or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement." The reasons for our appeal are: The concern was not raised at the Planning Commission because we believed based on our conversations with Imperial Irrigation District (IID) prior to the meeting that no undergrounding would be required. After the Planning Commission meeting we were informed by the City's Engineering Department that the City would be requiring that the condition to be met. • We understand the City's concern for the visual aspects of its corridors, however, along this stretch of Adams Street, the City has not applied this standard. We are one of the last parcels to develop. Our parcel, the one with the least amount of frontage, is being asked to comply. 034 11-09-99 17:54 RECEIVED FROM:7603237893 P-02 11/09/1999 04:56 7603237893 MSA INC. PAGE 03 City of La Quinta City Council November 8, 1999 Paoe two + Imperial Irrigation District (110) has indicated to us that although there are lines that are 12.5 kv on the poles, which typically would meet the City's undergrounding criteria, the lines in question along this stretch of Adams Streets are also distribution lines and these lines will not and cannot be placed underground. • According to IID the poles and major transmission lines (92 kv) will remain regardless of any undergrounding' of lesser voltage lines or utilities, therefore the goal of enhancing the visual corridor cannot be fully achieved. • Imperial Irrigation District owns the lines and it is our understanding that IID has the final decision making authority over the disposition of the lines. We appreciate the City .Council taking the time to consider our request and look forward to a mutually agreeable resolution, Sincerely, Mark and Dorothy Hastings Mainiero, Smith and Associates, Inc. 777 East Tahquirz Canyon Way, Suite 301 / Palm. Springs, Calnrnia 92262-6784I Telephone (760) 320-98.11 / FAX (760) 323-7893 e-mail. info@mainiemsmith.com • www.mai,niemsmith.com 11-09-99 17:55 RECEIVED FROM:7603237893 P.03 ATTACHMENT 5 Planning Commission Minutes October 26, 1999 collector street connecting Washington Street and Adams Street, so i turn- out movement is prohibited from Las Vistas Drive onto F aring Drive, local residents would have no where to go, except to di narrow, crowded residential streets. Thus, the turning movements as Vistas Drive onto Fred Waring Drive should remain full access, a een for the past ten years or so." There being no further changes ' s moved and seconded by Commissioners Tyler/Butler to approve mutes as corrected. Unanimously approved. V. PUBLIC HEARINGS: A. Environmental Assessment 99-382, Conditional Use Permit 99-044, Site Development Permit 99-655, and Tentative Parcel Map 29288; a request of Mark and Dorothy Hastings, First School of the Desert, for certification of a Mitigated Negative Declaration of Environmental Impact, approval of the preschool use within the Low Density Residential (RL) Zoning District; approval of development plans for a single story preschool, and approval to subdivide 4.22 acres into two parcels and one lettered lot. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Leslie Mouriquand presented the information contained in the staff 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 high above grade the concrete wall on the east side would be. Staff stated it was a six foot wall. She was uncertain as to the height on the school side. 3. Commissioner Tyler asked if the houses backing up to the wall were one or two story homes. Staff stated one story. Commissioner Tyler asked staff if the issues raised in the letter submitted had been mitigated. Staff stated they had. Commissioner Tyler asked about the amount of light that would be coming from the lights. Staff stated the lights would be recessed with a flush lens. Commissioner Tyler stated that even though they were recessed, the houses to the east would still have glare. His concern was during the winter months when the lights would be on early, what time would they be turned off. Planning Manager Christine di Iorio stated there would be security lighting on the building and there shouldn't be much spillage as they are shielded. Commissioner Tyler stated that if no one is to be there, the lights could be turned out and the security lighting should be closer to the building 420 and not the shoebox lighting and the lighting should be mitigated further. CANly Documents\WPDOCS\PC-10-26-99.wpd 2 J Planning Commission Minutes October 26, 1999 4. Commissioner Butler asked what the dotted lines were on the Parcel. Staff stated it was an existing CVWD easement. 5. Commissioner Robbins asked if staff had received any comments from CVWD. Staff stated a letter was received, but no specific comment were made. Commissioner Robins stated that if there were actual facilities at this location there are problems, but if they are only planned, there is no problem. The problem of the easement needs to be resolved to make the process go smoother. 6. Commissioner Robbins asked where the project would drain. Senior Engineer Steve Speer stated the drainage will be directed to the Quinterra tract retention basin. 7. Commissioner Butler asked is there was a lot of dirt to be exported off this project. Staff stated it depends on how it is conditioned. Commissioner Butler asked what it would be in regard to the height of the wall. Staff stated they have set the grade, but have not calculated how much dirt will have to be removed. 8. Commissioner Robbins asked if a street had been cut off. Staff stated they are anticipating Parcel 2 will be subdivided and will have lots for single family homes with a cul-de-sac at the north end. The applicant was proposing to subdivide it for single family dwellings and has since made it a simpler application. The access would extend the street coming out of the Quinterra tract. This will allow the applicant to reduce his freeboard to one- half foot rather than having a mini -retention basin. 9. Commissioner Tyler stated the level of the street in the Quinterra tract is below the proposed site and may require some clever street designing. 10. Chairman Kirk asked if the applicant would like to address the Commission. Ms. Margo Williams, Mainiero Smith and Associates, representing the applicant, stated they were in agreement with all the Conditions of Approval. In regard to the issues raised, the height of the wall on the school side, adjacent to miles will be six feet going up to almost seven feet as you go north. They are trying to keep it at six feet height. They will be moving dirt easterly to balance on site. With respect to the lights, it is an architectural element and can be better addressed by applicant. The easement exists and when they conducted site investigation they found no facilities. They did receive a preliminary approval to relocate from CVWD. 11. Mr. Mark Hastings, owner of the preschool, stated he was available to answer 421 any questions. As to the night time lights, they do not have any night time CAMy Documents\WPDOCS\PC-10-26-99.wpd 3 �� Planning Commission Minutes October 26, 1999 4. Commissioner Butler asked what the dotted lines were on the Parcel. Staff stated it was an existing CVWD easement. 5. Commissioner Robbins asked if staff had received any comments from CVWD. Staff stated a letter was received, but no specific comment were made. Commissioner Robins stated that if there were actual facilities at this location there are problems, but if they are only planned, there is no problem. The problem of the easement needs to be resolved to make the process go smoother. 6. Commissioner Robbins asked where the project would drain. Senior Engineer Steve Speer stated the drainage will be directed to the Quinterra tract retention basin. 7. Commissioner Butler asked is there was a lot of dirt to be exported off this project. Staff stated it depends on how it is conditioned. Commissioner Butler asked what it would be in regard to the height of the wall. Staff stated they have set the grade, but have not calculated how much dirt will have to be removed. 8. Commissioner Robbins asked if a street had been cut off. Staff stated they are anticipating Parcel 2 will be subdivided and will have lots for single family homes with a cul-de-sac at the north end. The applicant was proposing to subdivide it for single family dwellings and has since made it a simpler application. The access would extend the street coming out of the Quinterra tract. This will allow the applicant to reduce his freeboard to one- half foot rather than having a mini -retention basin. 9. Commissioner Tyler stated the level of the street in the Quinterra tract is below the proposed site and may require some clever street designing. 10. Chairman Kirk asked if the applicant would like to address the Commission. Ms. Margo Williams, Mainiero Smith and Associates, representing the applicant, stated they were in agreement with all the Conditions of Approval. In regard to the issues raised, the height of the wall on the school side, adjacent to miles will be six feet going up to almost seven feet as you go north. They are trying to keep it at six feet height. They will be moving dirt easterly to balance on site. With respect to the lights, it is an architectural element and can be better addressed by applicant. The easement exists and when they conducted site investigation they found no facilities. They did receive a preliminary approval to relocate from CVWD. 11. Mr. Mark Hastings, owner of the preschool, stated he was available to answer i 22 any questions. As to the night time lights, they do not have any night time �" CAMy Documents\WPDOCS\PC-10-26-99.wpd 3 0 v 3 Planning Commission Minutes October 26, 1999 uses for the playground. They will have recessed lights in the soffits which would have some indirect lighting coming off the building. The driveway is a concern as parents will be picking up their children. Therefore, the street lights will be on during pickup, but they would have no objection to having the lights turned off at a designated time. Chairman Kirk suggested 9:00 p.m. 12. Ms. Elizabeth Lucas, P. O. Box 416, La Quinta, stated she was a concerned neighbor and asked if federal or public funds would be used. If so, it could change the neighborhood. She is also concerned that 126 kids seems like a lot of kids with a lot of noise. The neighborhood already has a small day care within the neighborhood and it is already noisy. She asked what the ages of the students would be and has any of staff been to any of the other schools and has it worked out in those communities. 13. Mr. John 44-625 Lago Drive, stated his concern was the amount of traffic. Since there are two additional middle schools planned on Dune Palms Road and the High School is directly down Adams Street there will be a lot of traffic coming onto Adams Street which could be hazardous to the neighbors as well as the kids. He would also object to the noise. 14. There being no further discussion, Chairman Kirk closed the public hearing and opened the issue for Commission discussion. 15. Chairman Kirk asked Mr. Hastings to respond to the issues raised and added that the question of federal funding is not an issue of this Commission. Mr. Hastings stated they have done their best to mitigate all the concerns. As to the noise, 126 children sounds like a lot, but they are an academic facility that has classrooms with 12 students in each classroom. The concept of 126 playing on the playground cannot happen due to the curriculum. They will never have a large number of students on the playground at any one time. They have completed a noise study and found it to be compatible with the neighborhood. They are a private facility and do not receive funds from anyone. They have been in located in the City of Palm Springs for 12 years and Cathedral City for 10 years. Both schools function under a conditional use permit and neither have had any problems. They have never had to be called back in for review. 16. Chairman Kirk asked about expansion. Mr. Hastings, stated they are licensed by the State of California and are built according to ratios. It would be impossible to expand based on State requirements. The age of the children starts at 18-months and goes to kindergarten. They operate five days a week with no weekend use. In Palm Springs a developer built a subdivision around 423 their facility because of their school. They have done their homework to be sure they fit into the neighborhood. I I�JJ C:\My Documents\WPDOCS\PC-10-26-99.wpd 4 Planning Commission Minutes October 26, 1999 17. Senior Engineer Steve Speer stated that when the City adopts a General Plan, the streets are designed to handle the traffic that the area is zoned for. This project does not overdo what the street is able to handle. Traffic is directed to be away from the intersection. 18. Commissioner Tyler asked if there was to be a left turn. Senior Engineer Steve Speer stated it has a full turn access. Associate Planner Leslie Mouriquand stated there was a noise study prepared and it did not recommend any mitigation measures except during the construction period. The noise study analyzed existing schools along with General Plan policies and they recommended no mitigation measures. 19. Commissioner Tyler stated he personally visited the other two facilities and found them to blend well with neighborhood as well as being extremely attractive. This choice of locations is also excellent. On Page 22 of the checklist, the hours should be according to the building code. Page 25, Condition 94 of the staff report should be corrected. Page 30, Item 6(d) needs additional language added. 20. Commissioner Butler asked if a daycare was allowed in the neighborhood. Planning Manager Christine di Iorio stated the State allows anyone to have a day care of 0-8 children with no City approvals required. 21. Commissioner Robbins stated his only concern would have been noise, but as no one who will be directly affected by this project was in attendance, he is in favor of the project. 22. Chairman Kirk stated it is a nice project and would be a welcome neighbor. 23. There being no further discussion, it was moved and seconded by Commissioners Tyler/Butler to adopt Planning Commission Resolution 99- 074 recommending certification of a Mitigated Negative Declaration (Environmental Assessment 99-382) for Conditional Use Permit 99-044 and Site Development Permit 99-655, and Tentative Parcel Map 29288, subject to all mitigation measures. ROLL CALL: AYES: Commissioners Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioner Abels. 24. It was moved and seconded by Commissioners Robbins/Butler to adopt Planning Commission Resolution 99-075 approving Conditional Use Permit 99-044, subject to the Findings and Conditions of Approval as modified. a. Condition #4: "...Be used means beginning of substantial construction 424 toward structures as allowed by this approval." 040 CAMy Documents\WPDOCS\PC-10-26-99.wpd 5 Planning Commission Minutes October 26, 1999 b. Condition #7: Parking lighting shall be turned off at 9:00 p.m.. ROLL CALL: AYES: Commissioners Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioner Abels. 25. It was moved and seconded by Commissioners Butler/Tyler to adopt Planning Commission Resolution 99-076 approving Site Development Permit 99-655, subject to the Findings and Conditions of Approval as amended. a. Condition #4: "...Be used means beginning of substantial construction toward structures as allowed by this approval." b. Condition #6.d.: "...down to 30 inches." ROLL CALL: AYES: Commissioners Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioner Abels. 26. It was moved and seconded by Commissioners Tyler/Robbins to adopt Planning Commission Resolution 99-077 approving Tentative Parcel Map 29288 subject to the Findings and Conditions of Approval as amended. ROLL CALL: AYES: Commissioners Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioner Abels. VII. CORRESPONDENCE ANDAPRITTEN MATERIAL: VIII. COMMISSIONER A. Commi toner Tyler gave a report on the City Council meeting of October 19, 1999. IX. There being nyFfurther business, it was moved and seconded by Commissioners Butler/Robbins to adjourn this egular meeting of the Planning Commission to the next regular meeting of the Planning Commiss' n to be held November 9, 1999, at 7:00 p.m. This meeting of the Planning Commission was adj ed at 7:54 P.M. on October 26, 1999. Resgkctfully submitted, City of La Quinta, California 4 ?:- 041 CAMy Documents\WPDOCS\PC-10-26-99.wpd 6 T4'!t 4 4 Q" COUNCIL/RDA MEETING DATE: December 7, 1999 Joint Public Hearing Between the City Council and Redevelopment Agency to Approve an Agreement to Sell Real Property Located at 52-365 Avenida Martinez by and Between Mary McCrumb and the La Quinta Redevelopment Agency and Authorization for the Executive Director to Execute the Necessary Documents RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 5- Approve the sale of the Agency property located at 52-365 Avenida Martinez to maintain an affordable housing unit in Project Area No. 1 for a purchase price of $85,000. FISCAL IMPLICATIONS: The Agreement would result in the following fiscal impacts: Resale Proceeds. The Agency will receive approximately $53,200 in cash proceeds from this transaction generated by the new mortgage loan and down payment less closing costs. A new second trust deed of $27,450 will be placed on the property in favor of the Agency. Property Rehabilitation Costs. None. All property rehabilitation costs have been funded by rent revenue. BACKGROUND: In August, 1995, the Agency acquired 50 single family homes as a result of the bankruptcy of Coachella Valley Land to protect the Agency's investment in the homes, to prevent a pending foreclosure action, and to maintain the units as very low income rental units. The Agency cost to acquire the 50 housing units averaged $86,500 per unit. On February 17, 1998, the Agency authorized the sale of up to two (2) units per year and directed staff to first make the units available to the existing tenants and then to 426 C:\My Documents\WPDOCS\ccjh-CC RDA property salempd other eligible very low income households. Because many of the tenants are now receiving work training as a requirement of their state and county assistance, their economic situation is improving. The proposed sale is the second unit to be sold to an existing tenant. Property Resale. The sale transaction would be structured as other Agency affordable housing projects, wherein the existing Agency -funded silent second trust deed would cover the difference between the market sales price and an affordable first trust deed mortgage. The proposed purchaser qualifies in the very low income category. If the Agency authorizes the sale of this unit for the appraised value of $85,000, the buyer will make a down payment of 3% of the purchase price and obtain a $55,000 mortgage (the maximum loan they can obtain). The Agency would convert $27,450 of its existing equity in the property into a second trust deed loan. A Summary Report which was prepared pursuant to California Community Redevelopment Law details the costs associated with the sale of the property (Attachment 1). Prior to the sale, this unit will have been substantially rehabilitated and therefore, can be counted toward the Agency's inclusionary housing requirement. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the sale of the Agency property located at 52-365 Avenida Martinez to maintain an affordable housing unit in Project Area No. 1 for a purchase price of $85,000; or 2. Do not approve the sale of the Agency property located at 52-365 Avenida Martinez for a purchase price of $85,000; or 3. Provide staff with alternative direction. Respectfully syldmitted, -ry HeJr-Aan mmunity Development Director A ro ed for sub si y: Thomas P. Genovese, City Manager Attachments: 1. Summary Report 427" 002 CAW Documents\WPDOCS\ccih-CC RDA property salempd ATTACHMENT 1 SUMMARY REPORT FOR THE PROPOSED SALE AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND MARY MC CRUMB December 7, 1999 INTRODUCTION This document is the Summary Report ("Report") for the proposed sale between the La Quinta Redevelopment Agency ("Agency") and Mary McCrumb ("Buyer"). The purpose of the Sale Agreement ("Agreement") is to facilitate the sale by the Agency of a single-family dwelling to the Buyer. This Report has been prepared pursuant to Section 33433 of the California Health and Safety Code ("California Community Redevelopment Law") and presents the following: • A summary of the proposed transaction. • The cost of the sale to the Agency. • The estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the Agency's Redevelopment Plan. • The estimated value to be conveyed, determined by the use and with the conditions, covenants, and development costs required by the Agreement. • An explanation of why the sale, pursuant to the Agreement, will assist in the elimination of blight. SUBJECT PROPERTY The Subject Property ("Property") is a 3-bedroom, 2-bath single-family dwelling located at 52-365 Avenida Martinez within La Quinta Redevelopment Project Area No. 1. THE TRANSACTIONS PROVIDED FOR BY THE AGREEMENT The Agreement will facilitate the sale of the Property to the Buyer, who will subsequently occupy the dwelling. The sales price is $85,000, comprised of approximately $2,550 in the Buyer's down payment, $55,000 will be financed through the Buyer's first trust deed mortgage, and $27,450 of the Agency's equity in the Property will be converted into an affordable housing second trust deed loan. This second trust deed will include covenants to insure that the Property will remain affordable to a very low-income family for a minimum of 30 years. The monies required to fund the Agency's second trust deed were expended in August, 1995, when the Agency purchased this unit in order to secure its investment in the unit through an Affordable Housing Agreement with Coachella Valley Land. A portion of these purchase monies will be repaid CAMy Documents\WPDOCS\ccrpt52-365 martinez summary report.doc 4 r- s GOQk)C-1 to the Agency through the Buyer's down payment and first trust deed mortgage; the remaining funds will stay in place to fund the Agency's second trust deed mortgage and closing cost contribution. The Agency will receive approximately $53,200 from this transaction. History of Property This Property is currently a part of the Agency Rental Property Purchase Program. In May, 1998, the Agency offered this property to the tenant for purchase and the Buyer subsequently expressed an interest in purchasing the tint. Since that time, the Buyer has been approved by First Pacific Financial for a mortgage up to the amount of $55,000. The Buyer is a very low income household. The Cost of the Sale to the Agency The Agency will have a total of approximately $107,750 invested in its ownership of the Property through its cost to purchase the unit and to remedy deferred maintenance items which existed at the time of purchase. The sales contract with the Buyer provides for a purchase price of $85,000. Under this proposed transaction, the Agency's investment will be treated as follows: Agency Purchase Price: $ 86,500 Total Cost to Qualify Unit as Substantially Rehabilitated (funded from rent revenue): 21,250 Total Agency Investment: $107,750 Buyer Down Payment: $2,550 Buyer First Trust Deed Monies Paid to Agency: $55,000 Agency Affordable Housing Second Trust Deed: $27,450 Unfunded Agency Investment: $0 Estimated Value of the Interest to be Conveyed, Determined at the Highest and Best Uses Permitted by the Agency's Redevelopment Plan The Redevelopment Plan for La Quinta Redevelopment Project No. 1 provides that the Property shall be used for low -density residential development. The Agency's consultant commissioned a real property appraisal to determine the current market value of a typical Agency -owned rental property. The appraisal, dated April 13, 1999, indicated a current fair market value of $85,000. The Agency -owned rental unit sold in August, 1999 was also appraised at a market value of $85,000. This value coincides with other similarly sized units in the Cove. Estimated Value of the Interest to be Conveyed, Determined at the Use With the Conditions, Covenants, and Development Costs Required by the Agreement The Agreement provides that the Property will be sold at the current market value of $85,000, which reflects the fair market value. CAMy Documents\WPDOCS\ccrpt52-365 martinez summary report.doc 429 0 0 0 J 5 Explanation of Why the Sale of the Property Pursuant to the Agreement will Assist in the Elimination of Blight The Agreement provides for the sale of the Property and the recordation of affordability covenants that will insure its continued affordability to a very low-income household for 30 years. Thus, the transaction will insure the continued affordability of a single-family dwelling to a very low-income household. 430 CAMy Documents\WPDOCS\ccrpt52-365 martinez summary report.doc Cf 0 0 J U 6