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2000 05 02 CCLa \ma's' Q"c U - cFM OF T 9 CALL TO ORDER City Council Agendas are now Available on the City's Web Page @ www.la-quinta.org City Council Agenda CITY COUNCIL CHAMBER 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting May 2. 2000 - 2:00 P.M. Beginning Res. No. 2000-34 Ord. No. 343 a. Pledge of Allegiance b. Roll Call Council Members: Adolph, Henderson, Perkins, Sniff, Mayor Pena PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) ONE CASE. 2. PUBLIC EMPLOYMENT - CITY ATTORNEY - PURSUANT TO GOVERNMENT CODE SECTION 54957. NOTE: TIME PERMITTING, THE CITY COUN&L MAY CONDUCT CLOSED SESSION DISCUSSIONS DURING THE DINNER RECESS. ADDITIONALLY, IF THE CITY IS CONSIDERING ACQUISITION OF PROPERTY, PERSONS IDENTIFIED AS NEGOTIATING PARTIES ARE NOT INVITED INTO THE CLOSED SESSION MEETING. 001, RECONVENE AT 3:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. CONFIRMATION OF AGENDA APPROVAL OF MINUTES 1 . MINUTES OF THE MEETING OF APRIL 18, 2000. ANNOUNCEMENTS PRESENTATIONS - None WRITTEN CORRESPONDENCE 1. REQUEST BY PGA WEST MASTER ASSOCIATION, INC. TO ELIMINATE THE SIDEWALK REQUIREMENT ALONG THE EAST SIDE OF MADISON STREET BETWEEN AVENUES 54 AND 58. CONSENT CALENDAR Note: Consent Calendar Items are considered to be routine in nature and will be approved by one motion. APPROVAL OF DEMAND REGISTER DATED MAY 2, 2000. 2. APPROVAL OF A MEMORIAL TREE DONATION PROGRAM . 3. APPROVAL OF PROGRAM SUPPLEMENTAL AGREEMENTS NO. 018, 019, AND 020 TO CITY OF LA QUINTA/STATE AGREEMENT NO. 08-5433 FOR STATE LOCAL TRANSPORTATION PARTNERSHIP PROGRAM (SLTPP) FUNDING FOR PROJECT 99-05, JEFFERSON STREET (HIGHWAY 111 TO AVENUE 54). 4. ADOPTION OF A RESOLUTION APPROVING THE AMENDED AND RESTATED PARS (PUBLIC AGENCY RETIREMENT SYSTEM) TRUST AGREEMENT. 5. ADOPTION OF THE CITY'S FISCAL YEAR 2000-2001 ECONOMIC DEVELOPMENT PLAN. D0ti Page 2 BUSINESS SESSION 1. CONTINUED CONSIDERATION OF A RESOLUTION IN SUPPORT OF THE PROPOSED NATIONAL MONUMENT DESIGNATION. A. MINUTE ORDER ACTION 2. CONSIDERATION OF CIVIC CENTER CAMPUS ARTWORK PROPOSALS. B. MINUTE ORDER ACTION 3. CONSIDERATION OF LOCATION FOR THE CIVIC CENTER CAMPUS ART PIECE. A. MINUTE ORDER ACTION 4. CONSIDERATION OF AN ARTWORK MAINTENANCE AGREEMENT WITH WASHINGTON/ ADAMS, L.L.C. A. MINUTE ORDER ACTION 5. CONSIDERATION OF COMMUNITY SERVICES GRANT REQUESTS. A. MINUTE ORDER ACTION 6. CONSIDERATION OF APPOINTMENT OF A CITIZEN MEMBER TO THE HISTORIC PRESERVATION COMMISSION. A. MINUTE ORDER ACTION 7. SECOND READING OF ORDINANCE NO. 342. A. READ BY TITLE ONLY AND ADOPT ORDINANCE NO. 342 STUDY SESSION 1. DISCUSSION OF CITY MARKETING PLAN FOR FISCAL YEAR 2000-2001. 2. DISCUSSION OF THE SOUTHEAST ANNEXATION. REPORTS AND INFORMATIONAL ITEM 1. CVAG COMMITTEE REPORTS 2. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (HENDERSON) 3 C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 4. C.V. MOUNTAINS CONSERVANCY (SNIFF) 5. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON) 6. LEAGUE OF CALIFORNIA CITIES COMMITTEES 7. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 8. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE (HENDERSON) 9. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION Page 3 003 10. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE 11. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 12. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) 13. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) DEPARTMENT REPORTS CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS. B. STATUS REPORT ON TORRES-MARTINEZ DESERT CAHUILLA INDIANS PENDING LEGISLATION. 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DIRECTOR 5. COMMUNITY DEVELOPMENT DIRECTOR 6. COMMUNITY SERVICES DIRECTOR 7. FINANCE DIRECTOR 8. PUBLIC WORKS DIRECTOR 9. POLICE CHIEF 10. BATTALION CHIEF DISCUSSION OF POTENTIAL PROCESS FOR .PRESERVATION OF CITY'S HISTORICAL MEMORABILIA. - MAYOR PRO TEM SNIFF RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. PRESENTATIONS PRESENTATION IN HONOR OF "MAY IS MENTAL HEALTH MONTH" TO RIVERSIDE COUNTY DEPARTMENT OF MENTAL HEALTH. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. 1 . PUBLIC HEARING ON SITE DEVELOPMENT PERMIT 2000-667, AN APPEAL OF PLANNING COMMISSION APPROVAL FOR ARCHITECTURAL AND LANDSCAPING PLANS TO CONSTRUCT A ONE-STORY 6,600 SQUARE FOOT COMMERCIAL PAD BUILDING EAST OF DOWNEY SAVINGS AND CONCEPTUAL APPROVAL OF AN ADDITION TO VON'S SUPERMARKET ME Page 4 LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND WASHINGTON STREET WITHIN PLAZA LA QUINTA. - APPLICANT M&H REALTY PARTNERS. A. RESOLUTION ACTION 2. PUBLIC HEARING ON TENTATIVE TRACT MAP 29702, TENTATIVE PARCEL MAP 29724 AND SITE DEVELOPMENT PERMIT 97-607, AMENDMENT NO. 1, A REQUEST FOR APPROVAL TO RE -SUBDIVIDE 3.17 ACRES INTO 30 RESORT RESIDENTIAL LOTS AND MISCELLANEOUS LOTS; APPROVAL TO SUBDIVIDE A 1.93 ACRE LOT INTO TWO PARCELS; AND APPROVAL TO INSTALL 21 PARKING SPACES ADJACENT TO AVENIDA OBREGON PLUS EIGHT ADDITIONAL SPACES FOR THE RESORT HOMES. - APPLICANT: KSL DESERT RESORTS AND KSL CASITAS CORP. A. RESOLUTION ACTION 3. CONTINUED PUBLIC HEARING ON TENTATIVE TRACT MAP 29624, A REQUEST FOR APPROVAL TO SUBDIVIDE 2.44 ACRES INTO TEN (10) SINGLE FAMILY RESIDENTIAL LOTS ON A WESTERLY EXTENSION OF LADERA DRIVE LOCATED ON THE EAST SIDE OF ADAMS STREET, NORTH OF MILES AVENUE. - APPLICANT: WORLD DEVELOPMENT. A. RESOLUTION ACTION 4. PUBLIC HEARING ON DRAFT FISCAL YEAR 2000-2001 THROUGH 2O04/2005 CAPITAL IMPROVEMENT PROGRAM. A. RESOLUTION ACTION ADJOURNMENT 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 May 2, 2000 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Stater Bros., 78-630 Highway 111, on Friday, April 28, 2000. DATED: April 28, 2000 az_�, . JUNE S. GREEK, CMC/AAE 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. 005, Page 5 April 13, 2000 Honorable John Pena, Mayor Members of the City Council 78-495 Calle Tampico La Quinta, CA 92253 WRITTEN CORRESPONDENCE ITEM: PGA WEST MASTER ASSOCIATION, INC. P.O. BOX 1516, LA QUINTA, CA 92253 (760) 776-5100 FAX (760) 776-5111 Cawnci l a* CICtc& Gb After many months of discussing the desirability of improving the boulevard look for new construction along Madison Ave. between 54th and 581h with your staff, the three PGA West owners associations representing 2,000 property owners and approximately one billion dollars of assessed valuation, went before your body with a request to eliminate the equestrian trail along the east side of Madison, believing it would be little used and took a considerable potential landscape area away from our community. We were confronted with a number of people, largely from outside our City, who spoke strongly of the need to retain said equestrian trail, culminating in your decision to so retain. Our primary concern in that regard is and has always been to maximize rather than minimize the amount of landscape area along both sides of the street between the residential peripheral wall and the Boulevard curb where a space of 30+ feet is provided. A ten -foot wide equestrian trail and a five foot wide concrete sidewalk, both of which cannot be immediately adjacent to the wall or curb, leave very narrow,and difficult to manage landscape areas. While meandering walks and paths is generally a pleasing concept, the limited space has proven a visual disaster in the area already constructed, only permitting growth widths of two to three feet, not in keeping with the boulevard ambiance. When it became apparent that your body feels the equestrian trail must be part of the ultimate improvement for Madison, and that said trail would be used for hiking, biking and jogging, we suggested informally to some members of the council and staff that the parallel sidewalk may be redundant. Considering that a sidewalk is in place on the west side of Madison in that area and that said sidewalk is outside the walls of the community and will be used sparingly at best, we suggest that the sidewalk on the east side adjacent to the trail be eliminated. A concept of pedestrian on one side and equestrians, joggers, etc. on the other side of the street would seem a more compatible concept and not make such a large reduction in landscape space that the trail and walk side by side make. There is certainly precedent in our City for a sidewalk on only one side of a major street or boulevard, examples being PGA Boulevard, Washington between 52"d and 50`h, etc. The Norman portion of PGA West will have an exit onto Airport Boulevard between Monroe and Madison, which Airport Boulevard will have a walk, but not an equestrian trail, said walk providing any ADA requirements if any in fact need to be met. We further understand that the crushed granite used in the equestrian trail is compatible with ADA requirements. 006 LETTER TO MAYOR PENA RE: SIDEWALKS ALONG MADISON APRIL 13, 2000 PAGE TWO Realizing that the Norman Area will only encompass 189 homes and will have three entrance and exit points, and that our other PGA West neighborhoods have one gate per 600 homes, certainly a sidewalk exit on Madison frontage will not be missed. It would not appear that gated and walled residential communities generate a significant amount of foot traffic outside their walls, particularly when removed as we are from reasonably close walk to services. As a side note, our entire community with a potential of 3,000 homes inside peripheral walls does not have sidewalks along any of its streets. We would prefer to maintain the integrity of the boulevard landscape look that was part of the PGA West initial development concept without the intrusion of unnecessary concrete walks that will have only minimal use and can be accessed on one side of each street. Again, our goal in the Equestrian matter was to minimize hard surfaces and maintain the greenbelt look as had been done in our original developed areas. The addition of a ten - foot trail to the same area that heretofore only accommodated a five-foot walk has tripled the width of hardscape, significantly reducing the ability to provide a pleasing landscape buffer between curbs and walls on the subject frontage. We urge you to eliminate the concrete walk on the side of Madison where you are requiring an equestrian trail. V tr y your Robert Foulk President, PGA West Master Association CC PGA West Residential Association PGA West II Residential Association KSL, Bill Dodds Jerry Herman, Director - Community Development Chris Vogt, Director — Public Works 007 c&t,, 4 4 Q" COUNCIL/RDA MEETING DATE: MAY 2, 2000 ITEM TITLE: Demand Register Dated May 2, 2000 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated May 2, 2000 BACKGROUND: Prepaid Warrants: 40854 - 40868) 404,785.54 40869 - 408791 42,369.72 Wire Transfers} 24,987.76 PIR 4844 - 4913) 84,292.40 P/R Tax Transfers) 24,343.04 CITY DEMANDS Payable Warrants: 40880 - 410041 874,754.3Z RDA DEMANDS $1,455,532.78 FISCAL IMPLICATIONS: Demand of Cash - City $1,454,672.67 John M. Falgoner, Finance Director $1,454,672.67 860.11 $1,455,532.78 CITY OF LA QUINTA BANK TRANSACTIONS 4/13/00 - 4/25/00 4/13/00 WIRE TRANSFER - DEFERRED COMP 4/13/00 WIRE TRANSFER - PERS 4/13/00 WIRE TRANSFER - CREDIT UNION $5,404.65 $13,219.29 $6,363.82 TOTAL WIRE TRANSFERS OUT $24,987.76 000 2 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 3:17PM 04/25/00 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.*** 40880 04/25/00 &01063 CORONEL CONSTRUCTION 99.26 40881 04/25/00 &01064 MARGARET DOLAN 45.00 40882 04/25/00 &01065 HIGH LIGHT ELECTRIC 110.00 40883 04/25/00 &01066 DOLORES NOYOLA 40.00 40884 04/25/00 &01067 R D P INVESTMENTS INC 18.00 40885 04/25/00 &01068 MARYANN WEIR 25.00 40886 04/25/00 &01069 LA QUINTA GOLF RANCH 7.00 40887 04/25/00 &01070 JAMES DAUGHTRY 250.00 40888 04/25/00 &01071 MICHELE COSGROVE 28.00 40889 04/25/00 &01072 BRENDA GONZALES 45.00 40890 04/25/00 &01073 R C HOBBS COMPANY INC 1000.00 40891 04/25/00 &01074 PRISCILLA RUML 28.00 40892 04/25/00 &01075 SUSAN MILDEN 90.00 40893' 04/25/00 ACB050 ACBL 206.99 40894 04/25/00 AFA100 B LUND DBA A FAMILY PAINT 900.00 40895 04/25/00 AFF200 AFFIRMED MEDICAL SVC 293.11 40896 04/25/00 ALT050 ALTEC 576.64 40897 04/25/00 AME200 AMERIPRIDE UNIFORM SVCS 105.67 40898 04/25/00 ARC100 ARCH 46.46 40899 04/25/00 ASCO01 A & S COFFEE SERVICE 210.00 40900 04/25/00 AUT030 AUTOMATED TELECOM 258.38 40901 04/25/00 BAN065 BANK OF AMERICA ESCROW 53452.33 40902 04/25/00- BAR050 RENEE BARIBEAU 98.00 40903 04/25/00 BEN100 BENLO R V II 984.50 40904 04/25/00 BER150 BERRYMAN & HENIGAR INC 3750.00 40905 04/25/00 BRI050 GORDON BRICKEN & ASSOC 4890.00 40906 04/25/00 BRI100 BRINKS INC 270.30 40907 04/25/00 CAD010 CADET UNIFORM SUPPLY 321.60 40908 04/25/00 CAR300 CARQUEST 174.52 40909 04/25/00 COM015 COMPUTER U LEARNING CENTR 787.50 40910 04/25/00 CON010 CONRAD & ASSOCIATES 1050.00 40911 04/25/00 C00050 J P COOKE CO, THE 19.69 40912 04/25/00 C00300 VALI COOPER & ASSOC INC 33074.51 40913 04/25/00 COS050 COSTCO BUSINESS DELIVERY 1343.34 40914 04/25/00 CVA010 C V A G 3882.46 40915 04/25/00 DESO40 DESERT JANITOR SERVICE 4534.47 40916 04/25/00 DES060 DESERT SUN PUBLISHING CO 4994.92 40917 04/25/00 DES065 DESERT TEMPS INC 7540.16 40918 04/25/00 DII050 CHRISTINE DIIORIO 206.01 40919 04/25/00 DOU010 DOUBLE PRINTS 1 HR PHOTO 26.57 40920 04/25/00 DOU200 LES DOUGLAS 259.70 40921 04/25/00 DYN100 DYNA MED 61.41 40922 04/25/00 EIS010 EISENHOWER IMMEDIATE CARE 85.00 40923 04/25/00 EVI100 E-VIC PEST CONTROL 90.00 40924 04/25/00 EXP200 EXPRESS DETAIL 105.00 40925 04/25/00 GAR100 GARVEY EQUIPMENT COMPANY 759.64 40926 04/25/00 GAS010 GASCARD INC 346.20 010 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 3:17PM 04/25/00 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 40927 04/25/00 GCS010 GCS WESTERN POWER & EQUIP 318.11 40928 04/25/00 GUY100 GUYS & GALS UNIFORMS 366.41 40929 04/25/00 HEGO50 JIM HEGGE 449.00 40930 04/25/00 HEN100 HENRY'S GLASS CO 50.00 40931 04/25/00 HIG010 HIGH TECH IRRIGATION INC 497.05 40932 04/25/00 HOA010 HUGH HOARD INC 305.13 40933 04/25/00 HOM030 HOME DEPOT 299.56 40934 04/25/00 HOM031 HOME DEPOT 47213.28 40935 04/25/00 IMPOlO IMPERIAL IRRIGATION DIST 6024.98 40936 04/25/00 IND030 INDIO SHOE STORE INC 211.13 40937 04/25/00 INF030 INFORMATION RESOURCES 500.00 40938 04/25/00 INT200 INTERNATIONAL EQUIPMENT 6869.07 40939 04/25/00 JAC200 JACOBSSON ENGINEERING INC 19210.75 40940 04/25/00 JAS100 JAS PACIFIC 12197.90 40941 04/25/00 JUD010 JUDICIAL DATA SYSTEMS COR 100.00 40942 04/25/00 KEL010 KELLY SERVICES INC 1929.59 40943 04/25/00 KIN100 KINER/GOODSELL ADVERTISNG 4496.50 40944 04/25/00 KRI100 BRUCE KRIBBS CONSTRUCTION 1375.00 40945 04/25/00 KUL050 KULI IMAGE INC 574.61 40946 04/25/00 KUN100 MARNI KUNSMAN 172.16 40947 04/25/00 LAQ030 LA QUINTA CAR WASH 19.90 40948 04/25/00 L00010 LOCK SHOP INC 124.00 40949 04/25/00 LOG020 MARK LOGAN LANDSCAPE INC. 79123.92 40950 04/25/00 LOS050 LOS ANGELES TIMES 33.12 40951 04/25/00 LUB050 LUBE SHOP 25.74 40952 04/25/00 LUC050 LUCENT TECHNOLOGIES 529.44 40953 04/25/00 MAR010 MARTIN & CHAPMAN CO 258.60 40954 04/25/00 MAR050 MARSHALL & STEVENS 350.00 40955 04/25/00 MCDO10 MC DOWELL AWARDS 213.08 40956 04/25/00 MCK010 McKESSON WATER PRODUCTS 378.02 40957 04/25/00 MIT150 MICHAEL MITCHELL 88.53 40958 04/25/00 MOM100 MOM'S GAS STATION 1129.81 40959 04/25/00 MUN010 MUNI FINANCIAL SERV INC 3013.22 40960 04/25/00 MUS050 MUSICIANS OUTLET 20.79 40961 04/25/00 NAW010 RON NAWROCKI 1200.00 40962 04/25/00 NEX010 NEXTEL COMMUNICATIONS 2591.92 40963 04/25/00 NIC101 NICKERSON & ASSOCIATES 7147.50 40964 04/25/00 PIT010 PITNEY BOWES CREDIT CORP 308.05 40965 04/25/00 POW100 POWERS AWARDS 33.05 40966 04/25/00 PRE015 THE PRESS -ENTERPRISE CO 256.90 40967 04/25/00 PRI070 PRINTING SOLUTIONS 613.89 40968 04/25/00 PUE050 MARIA L PUENTE 168.13 40969 04/25/00 QUI100 QUILAN PUBLISHING GROUP 145.00 40970 04/25/00 RAL050 RALPHS GROCERY CO 130.48 40971 04/25/00 RAN040 RANDAL'S PLUMBING 116.00 40972 04/25/00 RAN045 RAND MC NALLY MAP & TRAVL 445.30 40973 04/25/00 RAS020 RASA - ERIC NELSON 1860.00 40974 04/25/00 RIE200 PAT RIENSCHE 210.00 40975 04/25/00 RIV100 RIVERSIDE COUNTY SHERIFFS 2954.48 Oil f ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 3:17PM 04/25/00 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 40976 04/25/00 - RIV101 RIV COUNTY SHERIFF/INDIO 1432.01 40977 04/25/00 RIV150 RIV COUNTY TRANSPORTATION 11094.00 40978 04/25/00 ROB200 SCOTT ROBERTSON 56.00 40979 04/25/00 RUI100 JOHN RUIZ 96.37 40980 04/25/00 SAX100 SAXON ENGINEERING SERVICE 5705.00 40981 04/25/00 SIM025 SIMON MOTORS INC 49.95 40982 04/25/00 SIM040 SIMPLER LIFE EMERGENCY 96.08 40983 04/25/00 SMA010 SMART & FINAL 553.85 40984 04/25/00 SOCO10 THE SOCO GROUP INC 89.97 40985 04/25/00 SOU007 SOUTHWEST NETWORKS, INC 4736.51 40986 04/25/00 SPE010 STEVE SPEER 470.41 40987 04/25/00 STA045 STAN'S AUTO TECH 66.67 40988 04/25/00 STA050 STAPLES 107.72 40989 04/25/00 STE150 STEP OUT 50.00 40990 04/25/00 SUN075 SUNLINE TRANSIT AGENCY 1065.54 40991 04/25/00 SUN080 SUNLINE SERVICES GROUP 420.05 40992 04/25/00 TAR050 TARGET/DAYTON'S 173.48 40993 04/25/00 TER100 TERRA NOVA PLANNING & 2965.46 40994 04/25/00 TOP010 TOPS'N BARRICADES INC 124.63 40995 04/25/00 TRU010 TRULY NOLEN INC 294.00 40996 04/25/00 UNI200 UNITED RENTALS 4174.44 40997 04/25/00 USB100 US BANK 856.00 40998 04/25/00 USO100 US OFFICE PRODUCTS 1798.58 40999 04/25/00 VER010 ROMANO VERLENGIA 245.91 41000 04/25/00 VON010 VON'S C/O SAFEWAY INC 42.94 41001 04/25/00 WAL010 WAL MART STORES INC 191.13 41002 04/25/00 XER010 XEROX CORPORATION 2647.29 41003 04/25/00 YEA100 E.L. YEAGER CONST CO INC 481070.96 41004 04/25/00 YOU100 YOUNG ENGINEERING SERVICE 19939.93 CHECK TOTAL 874,754.32 012 5 .•I N � d n {C n .1 .I N Af d n 0 0 n v~ p a 134 n m m d H m d E+ m ID d d 1-4 H CID .1 d F m .I d H m .1 d E -0 N d H in N d E+ n N d E1 n !V d E4 n N d E n N d F c N E 'l• Io NC! o O O O O o O o O O O o O O O 0 O 0 O 0 O 0 O o g al lm In d In In n n o d m .1 n N n O n N m N In d o O 0 m N a R' Io N 0 O 0 0 O O 0 O 0 O O O O O o O 0 O 0 O U m I! 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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.*** 40869 04/19/00 ALEX10 STEVE ALEXANDER 40870 04/19/00 CAL040 CALIFORNIA VISION SERVICE 40871 04/19/00 CAN050 CANADA LIFE ASSURANCE CO 40872 04/19/00 CIR010 CIRO'S RESTORANTE 40873 04/19/00 GTE010 GTE CALIFORNIA 40874 04/19/00 GTE020 GTE TELEPHONE OPERATIONS 40875 04/19/00 PER010 RONALD A PERKINS 40876 04/19/00 PRIO50 PRINCIPAL MUTUAL 40877 04/19/00 ROB100 ROBINS NEST FLORAL EXPRES 40878 04/19/00 TRA030 TRANSAMERICA INSURANCE 40879 04/19/00 WIL025 MICHAEL WILLIAMS CHECK TOTAL 2:31PM 04/19/00 PAGE 1 PAYMENT AMOUNT 400.00 1105.45 487.93 200.18 88.68 511.15 109.83 38674.02 242.00 50.48 500.00 42,369.72 029 22 Z 0 0 rn a a o n a coro .+ n• ro ro ro rn .i r r ro o e a coo o o m a o o N o O v O ccO in N r rn N n vOi .r-r v N I O V r O N ID In O n a o v a,I 0 i m o o a 0 0 Ln � O' rb V r U N qv O 1L-1 O Z z ei N m In N 10 % N 1n 1-1 w N ap W $�ai� Z 7 U z U 7 U a tuy o cj H 4 o 0 N 0 a 0 O1 '/� w Pi M a 64 z �8¢ri Q i�opry. a_i aSyri a GO Z aQ y$ 94 E rC w pril F > a u a m N M e P4 p W W w c a 0 or ro M o .. o o 7 j7. m rc n N n v .i LnH n 0 r 14 r o In r 4 v O p �•+ 0 r- O d r r r V r n Z In Z o a aWa a 0 a o 0 0 0 oto 0 d % 0 0 0 0 0 0 0 o 0 0 0 0 0 0 o 0 D m to 0 o n .-1 Ln N r N r n 10 in n to rr in N n %O r0 rn O rD n O r rn n rD .+ n N In n N n O r r n N r In O O o .y e V a O n r n In O o o oo O O O O O O O N U U .y O 0 N 0 O rl O rl r•I 0 O 'i o e-1 r•1 O o rl 0 rl o 1414 'i O ••1 O rl O r•1 O 'i O r•I O W U O pqpqq a 94 N 0 Z 0 to a IC, a rC LO p tl7] 94 M Mto M P4 {74 P4 OG F M ►+ z z a z a m° a re u u z a a re a s o ?�W "r � a s iC a a C� C� p w0 > 0 0 0 0 0 0 0 0 N 0 r•I 0 .-1 0 1n 0 In 0 O o n rn N u •d V 1n rl '" rl r1 rl s a w0� U K U U U 6 a 23 031 V 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.*** 11:45AM 04/14/00 PAGE 1 PAYMENT AMOUNT 40854 04/14/00 &00732 CALIFORNIA POOLS/SPAS INC 318.75 40855 04/14/00 ABE001 JAQUES ABELS 486.60 40856 04/14/00 AFF050 AFFAIRS TO REMEMBER 1010.96 40857 04/14/00 ANG100 ANGEL BAKERY 175.00 40858 04/14/00 CAL050 STATE OF CALIFORNIA 328.40 40859 04/14/00 CAT100 CATELLUS RESIDENTIAL 355033.82 40860 04/14/00 COA080 COACHELLA VALLEY WATER 242.05 40861 04/14/00 DEP008 DEPT OF CONSERVATION 6661.85 40862 04/14/00 GTE010 GTE CALIFORNIA 471.11 40863 04/14/00 INT005 INTERNAL REVENUE SVC-ACS 200.00 40864 04/14/00 LA0040 LA QUINTA CHAMBER COMMERC 38750.00 40865 04/14/00 LAQ050 LA QUINTA CITY EMPLOYEES 364.00 40866 04/14/00 RIV040 RIV CNTY DISTRICT ATTORNY 468.00 40867 04/14/00 SUP100 SUPPORT PAYMENT CLEARING- 150.00 40868 04/14/00 UNIO05 UNITED WAY OF THE DESERT 125.00 CHECK TOTAL 404,785.54 03? 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FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: No cost to the City of La Quinta. All costs associated with this program are the responsibility of the donor. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the February 1, 2000 City Council meeting, a Memorial Tree program (program) was discussed. The program would be designed for those individuals wishing to make a donation to a City park or facility, in the memory or honor of another. After some discussion, staff was directed to draft a policy based on the following criteria: donated trees are to be selected from an authorized list of trees for the facility chosen; the tree is to be planted in a location determined by staff; the City shall be responsible for maintaining the trees; a uniform size and material of plaque with wording to read "This tree donated in memory of (honor of) (individual's name) by (donor's name); individuals being honored or those making the request must be a current or have been a past resident of La Quinta; and the individual making the donation shall be responsible for the costs associated with the purchase and installation of the donated tree and plaque (Attachment 1). All site boundaries will be defined as provided by the approved landscape plans for the facility. Attachment 2 provides a draft policy for the Memorial Tree Program, based on the criteria outlined at the February 1, 2000 City Council meeting. Page 5 of this staff report (contained in Attachment 2) establishes the facilities that are eligible for the program as well as the residency requirements. The donor may 03J choose the wording for the plaque from the two choices provided for consideration. The program is then detailed as to the steps the City will take once the program fees have been paid. The proposed program fee is $335 per donation. The cost breakdown is as follows: 24 inch box tree: Average price $150 Installation of tree at the site $ 50 Stone marker $ 65 Imprinted Tile $ 20 Installation of tile and marker $ 50 $335 Page 6 (contained in Attachment 2) is the form that the donor completes and determines the site of their choice to receive the donation as well as three preferences of trees from the approved list. Staff will then take the information and implement the program. Pages 7-9 (contained in Attachment 2) are the approved trees, per the landscape plans, for each of the facilities that are available for participation in the program. When the Community Park and the Cove Oasis Trail are completed, the information will be included in the program. Pages 9-12 (contained in Attachment 2) is a list of the approved trees, with their Latin names and common names, as well as a brief description of the tree. Pages 14- 43 (contained in Attachment 2) are pictures of trees that correspond to the numbers on pages 9-12. The donor may read the description of the tree and then find the corresponding picture to view. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve a Memorial Tree Donation Program; or 2. Do not approve a Memorial Tree Donation Program.; or 3. Provide staff with alternative direction. Respectfully s Dodie Horvitz, fomXnupity Services Director 036 002 S:\Community Services\CCReports\CC.041.wpd Attachments: 0) Approved for submission by: l ' Thomas P. Genovese, City Manager City Council Minutes from February 1, 2000 Memorial Tree Donation Program Information 03 S:\Community Services\CCReports\CC.041.wpd F O2 U S CF`y OF TN�� Memorial Tree Donation Program The City of La Quinta has established a program for those wishing to honor individuals by donating a tree to be planted at one of the City's public facilities. The locations that are eligible for this program include: Adams Park Eisenhower Park Bear Creek Trail Fritz Burns Park Community Park La Quinta Senior Center Cove Oasis Trail La Quinta Sports Complex The residency requirements for the program state that the person being honored must be or have been a resident of La Quinta OR the person making the donation must be a La Quinta resident. When a donation is made in a person's memory or honor, a tree that is included in the landscaping plans for that facility may be chosen from the list provided. Once the program fees have been paid, the City will then purchase the tree and have a ceramic tile made that reads: This tree donated in memory of OR This tree donated in honor of by by The ceramic tile will be mounted on a stone marker and placed in front of the tree planted for the occasion. The City of La Quinta will accept the program fee for the tree and ceramic tile before the items are purchased and installed. The cost of the tree, ceramic tile, stone marker and installation of such is $350. Once the tree is planted, the individual making the donation will be contacted so that they may visit their donation to the City. The donation becomes the property of the City of La Quinta and will be maintained as such. The City of La Quinta reserves the right to make modifications or alterations to this program as deemed appropriate. For additional information, please contact the Community Services Department at 777- 7090. 038 00 T-v4t 4 4Q" Donor Information Name: Address: City: Telephone Number: Person to be recognized: Zip Code: Time frame when the person was a City of La Quinta resident (if applicable): From: Wording on plaque (Please choose one): This tree in memory of This tree in honor of To: by by Type of Tree:(Please choose three trees, in order of preference) Adams Park Bear Creek Trail Preference #1: Community Park Preference #2: Cove Oasis Trail Preference #3: Eisenhower Park Fritz Burns Park La Quinta Senior Center La Quinta Sports Complex Date of Donation: Payment Received: **************************************************************************************************** Residency requirement met: Plaque ordered: Stone ordered: Tree ordered: Tree delivered and installed: Donor notified: Stone and plaque installed: 033 006 ADAMS PARK INDEX NUMBER 4 13 14 15 23 25 29 BOTANICAL NAME BRACHYCHITON POPULNEUM EUCALYPTUS CAMALDULENSIS FRAXINUS VELUTINA JACARANDA ACUTIFOLIA PYRUS KAWAKAMII RHUS LANCEA WASHINGTONIA ROBUSTA BEAR CREEK TRAIL COMMON NAME KURRAJONG BOTTLE TREE RED RIVER GUM ARIZONA ASH JACARANDA EVERGREEN PEAR AFRICAN SUMAC MEXICAN FAN PALM INDEX NUMBER BOTANICAL NAME COMMON NAME RESTSTOP #1: CALLE TAMPICO AND AVENIDA MODERO 1 ACACIA SMALLII SWEET ACACIA 6 CERCIDIUM FLORIDUM BLUE PALO VERDE 9 CHILOPSIS LINEARIS DESERT WILLOW 12 DALEA SPINOSA SMOKE TREE 19 OLNEYA TESOTA DESERT IRONWOOD 21 PROSOPIS ALBA THORNLESS MESQUITE 28 WASHINGTONIA FILIFERA CALIFORNIA FAN PALM RESTSTOP #2: CALLE CHILLON AND AVENIDA MONTEZUMA 6 CERCIDIUM FLORIDUM BLUE PALO VERDE 9 CHILOPSIS LINEARIS DESERT WILLOW 10 CUPRESSUS SEMPERVIRENS ITALIAN CYPRESS 12 DALEA SPINOSA SMOKE TREE 21 PROSOPIS ALBA THORNLESS MESQUITE 28 WASHINGTONIA FILIFERA CALIFORNIA FAN PALM RESTSTOP #3: CALLE ENSENADA AND AVENIDA MONTEZUMA 6 CERCIDIUM FLORIDUM BLUE PALO VERDE 9 CHILOPSIS LINEARIS DESERT WILLOW 28 WASHINGTONIA FILIFERA CALIFORNIA FAN PALM RESTSTOP #4: AVENIDA OBREGON AND AVENIDA MONTEZUMA 5 CASUARINA CUNNINGHAMIANA RIVER SHE OAK 13 EUCALYPTUS CAMALDULENSIS RED RIVER GUM 29 WASHINGTONIA ROBUSTA MEXICAN FAN PALM COMMUNITY PARK UNDER CONSTRUCTION Kul 00 COVE OASIS TRAIL UNDER CONSTRUCTION EISENHOWER PARK INDEX NUMBER BOTANICAL NAME 25 RHUS LANCEA FRITZ BURNS PARK INDEX NUMBER 1 4 15 16 17 20 21 22 23 24 25 27 29 BOTANICAL NAME ACACIA SMALLII BRACHYCHITON POPULNEUM JACARANDA ACUTIFOLIA KOELREUTERIA PANICULATA LAGERSTROEMIA INDICA PHOENIX DACTYLIFERA PROSOPIS ALBA PRUNUS CERASIFERA PYRUS KAWAKAMII QUERCUS ILEX RHUS LANCEA ULMUS PARVIFOLIA (S. DRAKE WASHINGTONIA ROBUSTA LA QUINTA SENIOR CENTER INDEX NUMBER BOTANICAL NAME 2 ARECASTRUM ROMANZOFFIAUM 3 BEAUCARNEA RECURVATA 7 CERCIDIUM PRAECOX 8 CHAMAROPS HUMILIS 11 CYCAS REVOLUTA 17 LAGERSTROEMIA INDICA "WATERMELON RED" 18 OLEA EUROPAEA 20 PHOENIX DACTYLIFERA 21 PROSOPIS ALBA 25 RHUS LANCEA 28 WASHINGTONIA FILIFERA LA QUINTA SPORTS COMPLEX INDEX NUMBER BOTANICAL NAME 4 BRACHYCHITON POPULNEUM 26 SCHINUS MOLLE COMMON NAME AFRICAN SUMAC COMMON NAME SWEET ACACIA KURRAJONG BOTTLE TREE JACARANDA GOLDENRAIN TREE CRAPE MYRTLE DATE PALM THORNLESS MESQUITE PURPLE PLUM EVERGREEN PEAR HOLLY OAK AFRICAN SUMAC CHINESE EVERGREEN ELM MEXICAN FAN PALM COMMON NAME QUEEN PALM PONY TAIL PALM SONORAN PALO VERDE MEDITERRANEAN FAN PALM SAGO PALM CRAPE MYRTLE SWAN HILL OLIVE DATE PALM THORNLESS MESQUITE AFRICAN SUMAC CALIFORNIA FAN PALM COMMON NAME KURRAJONG BOTTLE TREE CALIFORNIA PEPPER 041 u01S TREE DESCRIPTIONS (24-36 INCH BOX UNLESS OTHERWISE SPECIFIED) 1. ACACIA SMALLII SWEET ACACIA A LARGE SHRUB TO A SMALL TREE, 15-20 FEET HIGH, AND AS WIDE. THE BRANCHES HAVE NUMEROUS SHORT SPINES AND PRODUCE A FINE TEXTURE AND OPEN FOLIAGE CHARACTER. FRAGRANT AND SHOWY ROUND FLOWERS ARE BRIGHT YELLOW AND OCCUR IN EARLY TO MID - SPRING. 2. ARECASTRUM ROMANZOFFIAUM QUEEN PALM THIS TREE CAN GROW TO 50 FEET TALL, WITH ARCHING BRIGHT GREEN GLOSSY FEATHER -LIKE LEAVES 10-15 FEET LONG. THIS TREE GROWS VERY QUICKLY. 3. BEAUCARNEA RECURVATA PONY TAIL PALM THIS SLOW GROWING TREE -LIKE PLANT CAN REACH SIZES UP TO 12-25 FEET HIGH WITH LEAVES THAT GROW UP TO 6 FEET LONG, WITH LARGE PLUMES OF SHOWY CREAMY WHITE FLOWERS OCCURRING IN EARLY SUMMER. 4. BRACHYCHITON POPULNEUM KURRAJONG BOTTLE TREE A SMALL TO MEDIUM EVERGREEN TREE, 30-40 FEET TALL. MATURE PLANTS HAVE A ROUND DOME. LEAVES ARE GLOSSY AND MEDIUM GREEN. BELL SHAPED FLOWERS ARE CREAMY WHITE WITH ROSE INSIDE AND ARE PRODUCED IN LARGE NUMBERS IN EARLY SPRING. LARGE CLUSTERS OF WOODY SEED PODS ARE PRODUCED IN THE SUMMER. 5. CASUARINA CUNNINGHAMIANA RIVER SHE OAK A LARGE UPRIGHT TREE, 50-70 FEET HIGH, 20-30 FEET WIDE. IT IS VERY TOLERANT TO HIGH SUMMER HEAT AND NEEDS VERY LITTLE SUPPLEMENTAL WATER. 6. CERCIDIUM FLORIDUM BLUE PALO VERDE A MEDIUM DECIDUOUS TREE, 25-30 FEET HIGH WITH AN EQUAL SPREAD. FOLIAGE IS A BLUE GREEN, STEMS AND LEAVES. COLORFUL BRIGHT YELLOW FLOWERS OCCUR IN LARGE NUMBERS IN MARCH AND APRIL. 7. CERCIDIUM PRAECOX SONORAN PALO VERDE A MEDIUM SIZE DECIDUOUS TREE, 20-25 FEET HIGH AND AS WIDE. TRUNKS AND BRANCHES ARE VERY DISTINCTIVE AND ATTRACTIVE DUE TO THEIR BRIGHT CHARTREUSE GREEN BARK. VERY COLORFUL BRIGHT YELLOW FLOWERS OCCUR IN EARLY SPRING. 8. CHAMAROPS HUMILIS MEDITERRN. FAN PALM THIS IS A MOST TOUGH AND DURABLE PLANT, IT TOLERATES COLD AND HOT TEMPERATURES. IT CAN GROW 10-20 FEET HIGH WITH PALE GREEN LEAVES THAT GROW 2-3 FEET ACROSS. 9. CHILOPSIS LINEARIS DESERT WILLOW A LARGE DECIDUOUS SHRUB TO MEDIUM TREE RANGING IN HEIGHT FROM 15-40 FEET. COLORFUL TRUMPET SHAPED FLOWERS ARE WHITE, PINK OR PURPLE WITH PURPLE MARKINGS. THESE FLOWERS OCCUR FOR SEVERAL WEEKS FROM MID -SPRING INTO SUMMER. O A n 00 q 10. CUPRESSUS SEMPERVIRENS ITALIAN CYPRESS A TALL UPRIGHT TREE REACHING 40-60 FEET HIGH. FOLIAGE IS DEEP GREEN AND THE BARK IS ROUGH AND MEDIUM TO DARK BROWN. 11. CYCAS REVOLUTA SAGO PALM A VERY SLOW GROWING PLANT THAT CAN REACH UP TO 10 FEET TALL. LEAVES ARE 2-3 FEET LONG AND LOOK LIKE A FERN. 12. DALEA SPINOSA SMOKE TREE A LARGE SHRUB TO SMALL TREE, SLOWLY GROWING TO 20 OR 25 FEET HIGH. MUCH OF THE VISUAL CHARACTER OF THIS PLANT IS DUE TO ITS MANY SILVERY BLUE BRANCHES THAT PRODUCE A SMOKE -LIKE APPEARANCE. SHOWY INDIGO PURPLE FLOWERS PRODUCE AN INTENSE DISPLAY IN LATE SPRING AND EARLY SUMMER. 13. EUCALYPTUS CAMALDULENSIS RED RIVER GUM A MEDIUM TO LARGE TREE, 60-100 FEET HIGH THAT DEVELOPS A LARGE CROWN, 40-60 FEET WIDE. LEAVES ARE OLIVE GREEN AND HANG FROM SMALL RED COLORED BRANCHES. LARGE CLUSTERS OF INCONSPICIOUS CREAMY WHITE FLOWERS OCCUR IN LATE FALL. 14. FRAXINUS VELUTINA ARIZONA ASH A MEDIUM TO LARGE TREE, 30-50 FEET HIGH WITH A SPREAD OF 20-30 FEET. THIS TREE IS A FAST GROWING SHADE TREE. 15. JACARANDA ACUTIFOLIA JACARANDA A MEDIUM TO LARGE TREE, 25-50 FEET HIGH, SPREADING 25-40 FEET WIDE. THIS TREE REVELS IN HEAT AND REQUIRES IT TO FLOWER, WHICH PRODUCES LARGE SPRAYS OF LAVENDER -BLUE FLOWERS. 16. KOELREUTERIA PANICULATA GOLDENRAIN TREE A MEDIUM SIZED TREE GROWING 20-35 FEET HIGH. LEAVES ARE A SOFT MEDIUM GREEN. FLOWERS ARE STRIKING YELLOW AND BLOOM IN LATE SPRING. 17. LAGERSTROEMIA INDICA CRAPE MYRTLE A LARGE DECIDUOUS SHRUB TO SMALL TREE, GROWING SLOWLY TO 15-20 FEET HIGH, EVENTUALLY REACHING 25 FEET. LARGE CLUSTERS OF COLORFUL FLOWERS OCCUR AT THE ENDS OF BRANCHES DURING MID SUMMER. 18. OLEA EUROPAEA SWAN HILL OLIVE A MEDIUM SIZED EVERGREEN TREE, GROWING UPRIGHT TO 35 FEET HIGH AND SPREADING 20-30 FEET WIDE. DISTINCTIVE GREY -GREEN FOLIAGE IS COMPRISED OF 1-2 INCH LONG LEAVES AND CREAMY YELLOW FLOWERS OCCUR IN GREAT NUMBERS IN MID SPRING. 19. OLNEYA TESOTA DESERT IRONWOOD A MEDIUM SIZED EVERGREEN TREE GROWING SLOWLY TO 25-30 FEET HIGH, SPREADING 20-25 FEET. FOLIAGE IS GREY GREEN. LARGE CLUSTERS OF WHITE AND LAVENDER PEA -SHAPED 043 010 FLOWERS OCCUR IN MIDSPRING AND ARE SHOWY. BOTH STEMS AND BRANCHES ARE HEAVILY ARMED WITH SHARP THORNS. 20. PHOENIX DACTYLIFERA DATE PALM A TALL TREE, GROWING 50-60 FEET HIGH, 30-40 FEET WIDE AT THE CROWN. LEAVES ARE GREY GREEN, 15-20 FEET LONG AND ARE HELD STIFFLY AND OUTWARD. FRUIT DEVELOPS ON THE FEMALE TREES. THE DATE PALM WAS BROUGHT TO THE COACHELL:A VALLEY AROUND 1900. 21. PROSOPIS ALBA THORNLESS MESQUITE A MEDIUM SIZED EVERGREEN TREE WITH UPWARD BRANCHING, 25-30 FEET HIGH AND AS WIDE. THIS TREE HAS A STRAIGHT TRUNK, AND BLUE GREEN LEAFLETS. 22. PRUNUS CERASIFERA PURPLE PLUM A MEDIUM SIZED TREE GROWING TO 25 FEET HIGH WITH A SPREAD OF 25 FEET. FOLIAGE IS COPPERY RED WHEN NEW, DEEPENING TO DARK PURPLE, THEN GRADUALLY BECOMING DEEP, BRONZY GREEN IN LATE SUMMER. 23. PYRUS KAWAKAMII EVERGREEN PEAR THIS IS A MEDIUM SIZED TREE THAT GROWS TO 25 FEET HIGH WITH A SPREAD OF 15-20 FEET. IT IS GRACEFUL AND CIVILIZED SUPPORTING BRIGHT GREEN, GLOSSY FOLIAGE WHICH TURNS GOLDEN BROWN OR ORANGE. 24. QUERCUS ILEX HOLLY OAK A MEDIUM EVERGREEN TREE, 40-50 FEET TALL AND EQUAL IN SPREAD. DENSE FOLIAGE IS COMPRISED OF LEAVES THAT ARE DULL GREEN ABOVE AND WHITE BELOW. ACORNS ARE ROUND AND POINTED AT THE TIP, WITH THE BASE OFTEN COVERING HALF THE NUT. TREES DEVELOP AN UPRIGHT HABIT FOR THE FIRST 15-20 YEARS AND EVENTUALLY BROADEN INTO A ROUNDED SHAPE. 25. RHUS LANCEA AFRICAN SUMAC A SMALL TO MEDIUM EVERGREEN TREE, GROWING 20-30 FEET HIGH WITH A ROUND CANOPY OF EQUAL OR GREATER WIDTH. DARK GREEN LEAVES ARE DIVIDED INTO THREE NARROW LEAFLETS, EACH TO 5 INCHES LONG. INCONSPICUOUS FLOWERS ARE YELLOW GREEN AND OCCUR IN LATE WINTER. 26. SCHINUS MOLLE CALIFORNIA PEPPER AN EVERGREEN TREE WITH A HEIGHT OF 25-40 AND AN EQUAL SPREAD. THIS TREE HAS A LIGHT BROWN BARK AND LIMBS HEAVY WITH BRANCHLETS LIGHT AND GRACEFULLY DROOPING. NUMEROUS TINY YELLOWISH WHITE SUMMER FLOWERS GIVE WAY TO PENDANT CLUSTERS OF ROSE COLORED BERRIES IN FALL AND WINTER. 27. ULMUS PARVIFOLIA (S. DRAKE) CHINESE EVERGREEN ELM THIS IS A FAST GROWING TREE THAT CAN REACH 30 FEET IN 5 YEARS, TO BECOME A MEDIUM SIZED TREE. DEEP GLOSSY GREEN LEAVES 1 INCH OR MORE GLISTEN IN THE SUN. 0 411 01i 28. WASHINGTONIA FILIFERA CALIFORNIA FAN PALM A LARGE TREE DEVELOPING A MASSIVE TRUNK, REACHING 60-75 FEET HIGH WHEN MATURE. FAN SHAPED LEAVES ARE DULL GREEN AND REACH 3-6 FEET ACROSS. 29. WASHINGTONIA ROBUSTA MEXICAN FAN PALM A TALL SLENDER TREE WITH A TAPERING TRUNK, GROWING 60-100 FEET AND HIGHER. 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'? ,�. . it . •�, Y p R'F 91 U33 034 #21 037 &..`" �V✓rJ � .,� . . "-ti+,r�""�'°w..,,m..+.. v°'x°c'y x � �s yk a;t �' � .. � t. s. - aiV �•hr +at yi ' • i � �Tw �. { 4 t L,1 T-,,,df 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 2, 2000 CONSENT CALENDAR: 3 ITEM TITLE: Approval of Program Supplement STUDY SESSION: Agreements Nos. 018, 019, and 020 to the City of La Quinta/State Agreement No. 08-5433 for State PUBLIC HEARING: Local Transportation Partnership Program (SLTPP) Funding for Project 99-05, Jefferson Street (Highway 1 1 1 to Avenue 54) Authorize the City Manager to execute Agency -State Agreement SLTPP-5433 (018), covering the construction phase of Project 99-05, Jefferson Street Improvements from Avenue 48 to Avenue 50; authorize the City Manager to execute Agency -State Agreement SLTPP-5433 (019), covering the construction phase of Project 99-05, Jefferson Street Improvements from Avenue 50 to Avenue 52; and authorize the City Manager to execute Agency -State Agreement SLTPP-5433 (020), covering the construction phase of Project 99-05, Jefferson Street Improvements from Avenue 52 to Avenue 54. If the Supplemental Agreements 018, 019, and 020 (Attachment 1) are approved, the City will be reimbursed up to a maximum of $713,412.00 from the SLTPP Funds. The City of La Quinta's maximum share of SLTPP funding was originally established as the. lower of either $1,299,992.57 or 16.59% of awarded eligible construction costs for Jefferson Street between Avenue 48 and Avenue 54. The Granite Construction Company bid in the amount of $6,866,566 (for the total project) was somewhat lower than originally estimated. Subsequently, the SLTPP reimbursement amount has been revised. The City's new maximum amount of reimbursement is $713,412.00. This amount is based on the eligible construction portions of Jefferson Street within the City limits of La Quinta. The SLTPP funding may not be used for median landscaping, parkway landscaping, and may not be increased by Change Order. The final amount of SLTPP funding allowable is established by the original construction bid award. Since this project is partially funded with State funding, the project must be bid utilizing prevailing wage. Therefore, there are no Charter City implications. 0 T:\PWDEPT\COUNCIL\2000\000502b.wpd On June 29, 1999, the City council awarded a contract in the amount of $6,866,566 to the Granite Constructiion Company for construction of Jefferson Street Improvements from State Route 1 1 1 to Avenue 54. The City of La Quinta/State Master Agreement 08-5433 provides the overall parameters for any State or Federal funding received from the California Department of Transportation. A separate supplemental agreement is adopted for each funding source granted to a specific: project. Supplemental Agreements SLTPP 5433 (018), (019), and (020) specificall provides up to 16.59% of State Local Transportation Partnership Program (SLTPP) funds toward awarded eligible construction costs associated with the Jefferso Street Improvement segments between Avenue 48 and Avenue 54. The alternatives available to#e City Council include: 1. Authorize the City Manager to execute Agency -State Agreement SLTPP-5433 (018), covering the onstruction phase of Project 99-05, Jefferson Street Improvements from Avenue 48 to Avenue 50; authorize the City Manager to execute Agency -State! Agreement SLTPP-5433 (019), covering the construction phase of Project 99- 5, Jefferson Street Improvements from Avenue 50 to Avenue 52; and a thorize the City Manager to execute Agency -State Agreement SLTPP-54 3 (020), covering the construction phase of Project 99- 05, Jefferson Street Improvements from Avenue 52 to Avenue 54; or 2. Do not authorize the ity Manager to execute Agency -State Agreement SLTPP- 5433 (018), covering the construction phase of Project 99-05, Jefferson Street Improvements from venue 48 to Avenue 50; do not authorize the City Manager to execute gency-State Agreement SLTPP-5433 (019), covering the construction phase f Project 99-05, Jefferson Street Improvements from Avenue 50 to Avenu 52; and do not authorize the City Manager to execute Agency -State Agree ent SLTPP-5433 (020), covering the construction phase of Project 99-05, Jef erson Street Improvements from Avenue 52 to Avenue 54. If this alternati a is chosen, the City will not receive reimbursement of SLTPP Funding up to $713,412.00; or 4i TAPW DEPT\COUNCIL\2000\000502b. W Pd 3. Provide staff with alternative direction. Respectfully submitted, /Zzr�—e7� C ris A. Vo Public Works Director/City Engineer A ro d for submission y: Thomas P. Genovese City Manager Attachments: 1. Program Supplemental Agreement No. 018 Program Supplemental Agreement No. 019 Program Supplemental Agreement No. 020 OT7 0nr) T:\PWDEP-r\COUNCIL\2000\000502b.wpd r PROGRAM SUPPLEMENT NO. 018 to STATE -LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5433 ATTACHMENT 1 Date: March 28, 2000 Location: 08-RIV-0-LQNT Project Number: SB99-5433(002) E.A. Number:08-924504 This Program Supplement is hereby incorporated into the State -Local Transportation Partnership Program Agreement for State Share Funds which was entered into between the Local Entity and the State on 12/29/92 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 3 of Article I of the aforementioned Master Agreement under authority of Resolution No. , approved by the Local Entity on (See copy attached). The Local Entity further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with any covenants or remarks set forth on the following pages. PROJECT LOCATION: JEFFERSON ST: AVE 48 TO AVE 50 TYPE OF WORK: WIDEN ROADWAY LENGTH: 0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Construction Estimated Cost State Share Funds Matching Funds FY1999 $252,931.00 LOCAL OTHER $6,866,566.00 FY2000 00 $6,613,635.00 $0.00 $0.00 $0.00 CITY OF LA QUINTA By Date Attest Title STATE OF CALIFORNIA Department of Transportation By Chief, Office of Local Programs. Project Implementation Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date _t'4IIt $252,931.00 Chapter I Statutes z teV Year Program BC I category Fund Source AMOUNT 324 1998 2660-101-042 98-99 20.25.010.100 C 258010 042-T Program Supplement SLTPP-5433-016- 252,931.00 0/8 005 Page 1 of 3 08-RIV-0-LQNT SB99-5433(002) SPECIAL COVENANTS OR REMARKS 03/28/2000 1. The State Funds Share is calculated based on the lower of the approved eligible application amount or the eligible award amount. 2. SPECIAL COVENANTS FOR SLTPP PROJECTS UNDER EARLY REIMBURSEMENT PLAN AND UNDER $300,000 STATE SHARE These Covenants supersede any conflicting provisions of the Master Agreement: A. The LOCAL ENTITY agrees that the payment of "State ShareFunds" will be limited to the lesser of the product of multiplying the calculated pro rata percentage as determined by the STATE by either: (a) The eligible award amount or (b) The total eligible State/Local Partnership Project cost in the approved State/Local Partnership Program Application and accepts any consequent increase in LOCAL ENTITY funding requirements. B. The LOCAL ENTITY will invoice the State for the full "State's Share" after the contract award or upon the State Budget Act appropriation of funds, whichever occurs later. "State's Share" is considered a grant and will be reimbursed as a lump sum payment regardless of final project cost. C. Prior to reimbursement under this Program Supplement, a Request For Early Reimbursement form, executed by the LOCAL ENTITY, must be on file with the STATE. D. The financial audit and Final Project Expenditure Report provisions of Sections 9 and 10 of ARTICLE I of the Master Agreement are not applicable to this PROJECT. 3. In accordance with the State -Local Transportation Partnership Program Guidelines dated June 8, 1994, project eligibility is limited to contract items plus locally funded State or Local Entity furnished materials and Supplemental Work. Supplemental Work eligibility is further defined under the Project Eligibility section of the Guidelines as limited to certain maximum costs and !q to non -early reimbursement projects of $300,000 or less. 006 Program Supplement SLTPP-5433-018- Page 2 of 3 08-RIV-0-LQNT SB99-5433(002) SPECIAL COVENANTS OR REMARKS 03/28/2000 4. The Reimbursement Ratio for this Cycle 9 (98/99) Project is 16.59%. 007 Program Supplement SLTPP-5433-018- Page 3 of 3 PROGRAM SUPPLEMENT NO. 019 Date : March 28, 2000 to Location: 08-RIV-0-LQNT STATE -LOCAL TRANSPORTATION Project Number: SB99-5433(003) PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5433 E.A. Number:08-924505 This Program Supplement is hereby incorporated into the State -Local Transportation Partnership Program Agreement for State Share Funds which was entered into between the Local Entity and the State on 12/29/92 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 3 of Article I of the aforementioned Master Agreement under authority of Resolution No. , approved by the Local Entity on (See copy attached). The Local Entity further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with any covenants or remarks set forth on the following pages. PROJECT LOCATION: JEFFERSON ST: AVE 50 TO AVE 52 TYPE OF WORK: WIDEN ROADWAY LENGTH: 0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Construction Estimated Cost State Share Funds Matching Funds FY1999 $151,115.00 LOCAL OTHER $6,866,566.00 FY2000 $0.00 $6,715,451.00 $0.00 $0.00 FY2001 $0.00 CITY OF LA QUINTA STATE OF CALIFORNIA Department of Transportation By Date Attest Title By Chief, Office of Local Programs. Project Implementation Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date I;?,- 2,g -Qy $151,115.00 Chapter Statutes Item Year Program BC Category Fund source AMOUNT 324 1998 2660-101-042 98-99 20.25.010.100 C 258010 042-T 151,115.00 Program Supplement SLTPP-5433-019- Page 1 of,3 08-RIV-0-LQNT SB99-5433(003) SPECIAL COVENANTS OR REMARKS 03/28/2000 1. The State Funds Share is calculated based on the lower of the approved eligible application amount or the eligible award amount. 2. SPECIAL COVENANTS FOR SLTPP PROJECTS UNDER EARLY REIMBURSEMENT PLAN AND UNDER $300,000 STATE SHARE These Covenants supersede any conflicting provisions of the Master Agreement: A. The LOCAL ENTITY agrees that the payment of "State ShareFunds" will be limited to the lesser of the product of multiplying the calculated pro rata percentage as determined by the STATE by either: (a) The eligible award amount or (b) The total eligible State/Local Partnership Project cost in the approved State/Local Partnership Program Application and accepts any consequent increase in LOCAL ENTITY funding requirements. B. The LOCAL ENTITY will invoice the State for the full "State's Share" after the contract award or upon the State Budget Act appropriation of funds, whichever occurs later. "State's Share" is considered a grant and will be reimbursed as a lump sum payment regardless of final project cost. C. Prior to reimbursement under this Program Supplement, a Request For Early Reimbursement form, executed by the LOCAL ENTITY, must be on file with the STATE. D. The financial audit and Final Project Expenditure Report provisions of Sections 9 and 10 of ARTICLE I of the Master Agreement are not applicable to this PROJECT. 3. In accordance with the State -Local Transportation Partnership Program Guidelines dated June 8, 1994, project eligibility is limited to contract items plus locally funded State or Local Entity furnished materials and Supplemental Work. Supplemental Work eligibility is further defined under the Project Eligibility section of the Guidelines as limited to certain maximum costs anhn to non -early reimbursement projects of $300,000 or less. 049 Program Supplement SLTPP-5433-019- Pag® 2 of 3 08-RIV-0-LQNT SB99-5433(003) SPECIAL COVENANTS OR REMARKS 03/28/2000 4. The Reimbursement Ratio for this Cycle 9 (98/99) Project is 16.59%. Program Supplement SLTPP-5433-019- Page 083 010 3 of 3 PROGRAM SUPPLEMENT NO. 020 to STATE -LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5433 Date:March 28,2000 Location: 08-RIV-0-LQNT Project Number: SB99-5433(004) E.A. Number:08-924506 This Program Supplement is hereby incorporated into the State -Local Transportation Partnership Program Agreement for State Share Funds which was entered into between the Local Entity and the State on 12/29/92 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 3 of Article I of the aforementioned Master Agreement under authority of Resolution No. , approved by the Local Entity on (See copy attached). The Local Entity further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with any covenants or remarks set forth on the following pages. PROJECT LOCATION: JEFFERSON ST: AVE 52 TO AVE 54 TYPE OF WORK: WIDEN ROADWAY LENGTH: 0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Construction Estimated Cost State Share Funds Matching Funds FY1999 $309,366.00 LOCAL OTHER $6,866,566.00 FY2000 $0.00 $6,557,200.00 $0.00 $0.00 FY2001 $0.00 CITY OF LA QUINTA By Date Attest Title STATE OF CALIFORNIA Department of Transportation By Chief, Office of Local Programs Project Implementation Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date .3_ ;L,g� $309,366.00 6� Chapter I Statutes It Year Program BC I Category Fund Source AMOUNT 324 1998 2660-101-042 98-99 20.25.010.100 C 258010 042-T Program Supplement SLTPP-5433-020- 309,366.00 o Oil Page 1 of 2 08-RIV-0-LQNT 03/28/2000 SB99-5433(004) SPECIAL COVENANTS OR REMARKS 1. The State Funds Share is calculated based on the lower of the approved eligible application amount or the eligible award amount. 2. Within 120 days of project completion a Final Report ofExpenditures must be transmitted to the Caltrans District Local Assistant Engineer. 3. A Final Audit must be completed and transmitted to the Caltrans District Local Assistant Engineer by December 30th (the State fiscal year following project completion). 4. In accordance with the State -Local Transportation Partnership Program Guidelines dated June 8, 1994, project eligibility is limited to contract items plus locally funded State or Local Entity furnished materials and Supplemental Work. Supplemental Work eligibility is further defined under the Project Eligibility section of the Guidelines as limited to certain maximum costs and to non -early reimbursement projects of $300,000 or less. S. The Reimbursement Ratio for this Cycle 9 (98/99) Project is 16.59%. zo 012 Program Supplement SLTPP-5433-020- Page 2 of 2 T4ht 4 4 Qum& COUNCIL/RDA MEETING DATE: "I Adoption of a Resolution Approving the Amended and Restated PARS (Public Agency Retirement System) Trust Agreement RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: May 2, 2000 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the Amended and Restated PARS (Public Agency Retirement System) Trust Agreement. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: On July 20,1999, the City Council adopted a Resolution which authorized the City Manager to extend supplemental retirement benefits provided by the Public Agency Retirement System (PARS) on a one time basis. This was in relation to the former City Clerk's retirement. Phase II Systems, the PARS Trust Administrator, recently informed the City that the legal documents of the PARS Trust Program have been updated in response to several law changes. These laws include: • General Agreement on Tariffs and Trade (GATT) • Uniformed Service Employment and Reemployment Rights Act (USERRA) • Taxpayers Relief Act of 1997 (TRA) • Small Business Job Protection Act of 1996 (SBJPA) The PARS Trust Administrator has taken the opportunity to modify the PARS Trust Agreement to better describe its features: • Each party's role, powers, and responsibilities have been defined and clarified, • Important terms have been defined, clarified and used consistently throughout the documents, and • Concise procedures have been established for executing the provisions of the documents. The original Trust Agreement for the Public Agency Retirement System (PARS) was established in 1991. The Amended and Restated PARS Trust Agreement incorporates the changes outlined above and has been included as Attachment 1. Attachment 2 provides a comparison of the original trust and the Amended and Restated Trust. The revisions have been reviewed and approved by the City Attorney and are being presented to the City Council for consideration and action. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council approving the Amended and Restated PARS Trust Agreement; or 2. Do not adopt a Resolution of the City Council approving the Amended and Restated PARS Trust Agreement; or 3. Provide staff with alternative direction. Respectfully submitted, n Ruiz, P rs el/Risk Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Amended and Restated PARS Trust Agreement 08 00 2 PARS Trust Agreement Comparison of Principal Provisions 08/1 1 /99 S:\CITYMGR\CCSHELL.WPD r•• M RESOLUTION NO. 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE ADOPTION OF THE AMENDED AND RESTATED Public Agency Retirement System (PARS) TRUST AGREEMENT WHEREAS, the City of La Quinta is a member of the Public Agency Retirement System (PARS) for the purpose of providing tax qualified retirement benefits. WHEREAS, the City of La Quinta has made available the following retirement incentives PARS 1999 Supplement to PERS qualifying under relevant sections of the Internal Revenue Code and the California Government Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City Council hereby adopts the Amended and Restated PARS Trust Agreement, effective May 2, 2000; and 2. The City Council hereby appoints the City Manager, or his/her successor or his/her designee as the City's Plan Administrator for the Public Agency Retirement System; and 3. The City's Plan Administrator is hereby authorized to execute the PARS legal documents on behalf of the City and to take whatever additional actions are necessary to maintain the City's participation in PARS and to maintain PARS compliance of any relevant regulation issued or as may be issued; therefore, authorizing him/her to take whatever additional actions are required to administer the City's PARS plan. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2"d day of May, 2000, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: 080 0 0" 3 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 o,9-0 004 ATTACHMENT PUBLIC AGENCY RETIREMENT SYSTEM (PARS) TRUST AGREEMENT o91. 006 PREAMBLE The Huntington Beach City School District and State Center Community College District formed and adopted the Public Agency Retirement System Trust ("PARS Trust") on July 1,1991 ("Effective Date"). Subsequent to the Effective Date other California public agencies adopted the PARS Trust as the funding vehicle for tax qualified retirement plans for employees. Subsequent to the Effective Date the PARS Trust was amended. Effective as of July 1, 1999 ("Amended Effective Date") the PARS Trust was amended and restated in its entirety as contained herein. This amended and restated Trust shall supersede all prior versions of the PARS Trust as of the Amended Effective Date. p92 0137 TABLE OF CONTENTS ARTICLE PAGE ARTICLE 1 DEFINITIONS 3 ARTICLE II THE PARS TRUST PROGRAM 4 ARTICLE III ADMINISTRATIVE MATTERS 7 ARTICLE IV THE TRUSTEE 12 ARTICLE V INVESTMENTS 18 ARTICLE VI FIDUCIARY RESPONSIBILITIES 25 ARTICLE VII AMENDMENT, TERMINATION AND MERGER 28 ARTICLE VIII MISCELLANEOUS PROVISIONS 30 ARTICLE IX ACKNOWLEDGMENT AND ACCEPTANCE 32 256712 PE I_ z O r}0 Article I DEFINITIONS 1.1 "Act" shall mean California Government Code Sections 53215 - 53224, or their successor sections. 1.2 "Agreement for Administrative Services" shall mean the agreement executed between the Member Agency and the Trust Administrator which authorizes the Trust Administrator to perform specific duties of administering the Member Agency Plan and related Agency Trust. 1.3 "Amended Effective Date" shall mean July 1, 1999, the date the PARS Trust Agreement was amended and restated in its entirety. 1.4 "Assets" shall mean all contributions and transfers of assets received by an Agency Trust on behalf of a Member Agency's Plan, together with the income and earnings from such contributions and transfers and any increments accruing to them. 1.5 "Agency Trust" shall mean the legally separate and individual trust, whose provisions are identical to those of the PARS Trust Agreement, that is established by a Member Agency when it adopts the PARS Trust by executing an Adoption Agreement. 1.6 "Alternate Trustee" shall mean a trustee, other than the Trustee of the PARS Trust Program, appointed by a Member Agency to serve as a trustee of a portion of such Agency Trust's assets as to which the Trustee serves as custodian. 1.7 "Code" shall mean the Internal Revenue Code of 1986 as amended from time to time. 1.8 "Custodian" shall mean Union Bank of California, N.A. whose duties are limited to those specified in Section 4.3. 1.9 "Delegatee" shall mean an individual or entity, appointed by the Plan Administrator or Member Agency to act in such matters as are specified in the appointment. 1.10 "Effective Date" shall mean July 1, 1991, the date the PARS Trust Program was established. 1.11 "Investment Fiduciary" shall mean the fiduciary with the authority and duty to direct the investment and management (including the power to direct the M 2567 12 PFL V03 acquisition and disposition) of some or all of the Assets of the Agency Trust appointed by a Member Agency for its Agency Trust. 1.12 "Omnibus Account" shall mean an account, established for record keeping purposes only, to commingle the Assets of the Agency Trust. 1.13 "Member Agency" shall mean a California public agency that adopts the provisions of the PARS Trust Agreement. 1.14 "Plan" shall mean the tax qualified plan whose assets the Agency Trust holds. 1.15 "Plan Administrator" shall mean the individual designated by position of employment at the Member Agency to act on its behalf in all matters relating to the Member Agency's participation in the PARS Trust Program and Agency Trust. 1.16 "PARS Trust Agreement" or 'Trust Agreement" shall mean the pro forma Public Agency Retirement System trust document adopted by each Member Agency upon execution of an Adoption Agreement, as amended from time to time. 1.17 "PARS Trust Program" shall mean the Public Agency Retirement System trust arrangement. 1.18 "Participant" shall mean individual participating in a Member Agency Plan or that individual's beneficiary. 1.19 "Trust Administrator" shall mean Phase II Systems. 1.20 'Trustee" shall mean the entity appointed as trustee of the PARS Trust that shall also serve as trustee of each Agency Trust established pursuant to the provisions of this trust agreement except where an Alternate Trustee has been appointed. Article II THE PARS TRUST PROGRAM 2.1 Multiple Employer Trust The PARS Trust Program is a multiple employer trust arrangement established to provide economies of scale and efficiency of administration to public agencies that adopt it to hold the assets of their Member Agency Plans maintained for the benefit of their employees. The PARS Trust Program consists of the Agency Trusts adopted and not terminated by Member Agencies. 4 2567 _12 PEL 094 y� _L 2.2 Qualified Governmental Retirement Trust The PARS Trust Program is established pursuant to the provisions of Section 501 of the Internal Revenue Code of 1986, as amended (the "Code"), and California Government Code Sections 53215 through 53224 providing for pension trusts established by public agencies. 2.3 Date of Adoption The date as of which each Member Agency adopts the PARS Trust Program shall be the "Effective Date" of the PARS Trust Agreement and the Agency Trust, as defined in Section 2.5, as to that Member Agency. 2.4 Member Agencies Any California public agency may, by action of its governing body in a writing accepted by the Trustee, adopt the provisions of the PARS Trust Agreement as the trust portion of a qualified governmental retirement plan established for the benefit of its employees. Executing an adoption instrument for the PARS Trust Program ("Adoption Agreement"), attached hereto as Exhibit "A", shall constitute such adoption, unless the Trustee requires additional evidence of adoption. In order for such adoption to be effective, the public agency must also execute an Agreement for Administrative Services with Phase II Systems, the Trust Administrator, pursuant to section 3.6 of this PARS Trust Agreement. Such adopting employer shall then become a Member Agency of the PARS Trust Program. Each such Member Agency shall, at a minimum, furnish the Trust Administrator with the following documents to support its adoption of the PARS Trust Program: (a) a certified copy of the Member Agency governing body resolution authorizing the adoption of the PARS Trust Agreement and the appointment of an individual designated by position of employment at the Member Agency to act on its behalf in all matters relating to the Member Agency's participation in the PARS Trust Program and Agency Trust ("Plan Administrator"); (b) an original of the Adoption Agreement executed by the Plan Administrator or other duly authorized Member Agency employee; (c) an original of the Agreement for Administrative Services with Phase II Systems executed by the Plan Administrator or other duly authorized Member Agency employee and Phase II Systems; (d) an address notice; and 5 495 2567 12 PFL Cl 11 (e) such other documents as the Trustee may reasonably request. 2.5 Agency Trust By adopting the PARS Trust Agreement, as provided in Section 2.4, a Member Agency shall be deemed to have adopted a legally separate and individual Agency Trust whose provisions are identical to those of the PARS Trust Agreement. The Assets of an Agency Trust shall be available only to pay benefits pursuant to the provisions of the Plan to participants and beneficiaries of the Member Agency entitled to receive benefits under the provisions of the Plan. The Agency Trust is created for the purpose of receiving contributions made to fund the Member Agency's Plan; accumulating, managing and investing those contributions; and providing benefits to active or retired participants of the Plan, their joint annuitants, or their beneficiaries. Each Agency Trust shall be used to fund only a single Plan maintained by the Member Agency. A Member Agency may establish additional Agency Trusts to fund the assets of additional Plans by executing one or more additional Adoption Agreement(s). 2.6 Assets of Agency Trust The assets of the Agency Trust shall consist of all contributions and transfers received by the Agency Trust on behalf of the Member Agency's Plan, together with the income and earnings from such contributions and transfers, and any increments accruing to them ("Assets"). All contributions or transfers shall be received by the Trustee in cash or in other property acceptable to the Trustee. The Trustee shall manage and administer the Assets of the Agency Trust without distinction between principal and income. The Trustee and the Trust Administrator shall have no duty to compute any amount to be transferred or paid to the Agency Trust by the Member Agency and the Trustee and the Trust Administrator shall not be responsible for the collection of any contributions or transfers to the Agency Trust. 2.7 Commingling for Investment and Administration The Assets of more than one Agency Trust may be commingled by the Trustee or Investment Fiduciary in one or more Omnibus Accounts for investment and administrative purposes, to provide economies of scale and efficiency of administration to the Agency Trusts. The responsibility for Plan level accounting within this Omnibus Account(s) shall be that of the Trust Administrator. 2.8 Trustee Accounting The Trustee shall be responsible only for maintaining records and maintaining accounts for the aggregate assets of the PARS Trust Program. The 6 2567 12 PEL Ct 1 T11 responsibility for Plan level accounting for each Agency Trust, based upon the Omnibus Account(s), shall be that of the Trust Administrator. 2.9 No Diversion of Assets The Assets in each Agency Trust shall be held in trust for the exclusive purpose of providing benefits to the Participants of the Plan for which the Agency Trust is holding assets and defraying the reasonable expenses of such Plan. The Assets shall not be used for or diverted to, any other purpose. 2.10 Type and Nature of Trust Neither the full faith and credit nor the taxing power of each Member Agency, the State of California or any political subdivision thereof other than each Member Agency is pledged to the distribution of benefits hereunder. Except for contributions and other amounts hereunder, no other amounts are pledged to the distribution of benefits hereunder. Distributions of benefits are neither general nor special obligations of any Member Agency, but are payable solely from the Assets of each Agency Trust, as more fully described herein. No employee of any Member Agency or beneficiary may compel the exercise of the taxing power by any Member Agency. Distributions of Assets under any Agency Trust are not debts of any Member Agency, the State of California or any of its political subdivisions within the meaning of any constitutional or statutory limitation or restriction. Such distributions are not legal or equitable pledges, charges, liens or encumbrances, upon any of a Member Agency's property, or upon any of its income, receipts, or revenues, except amounts in the accounts which are, under the terms of each Plan, Agency Trust and the Act, set aside for distributions. Neither the members of the legislative body of any Member Agency nor its officers, employees, agents or volunteers are liable hereunder. Article III ADMINISTRATIVE MATTERS 3.1 Appointment of Trustee Two thirds or more of the Member Agencies acting jointly, may by a two-thirds or greater vote, act to appoint a bank, trust company, retirement board, insurer, committee or such other entity as permitted by California law, to serve as the trustee of the PARS Trust Program ("Trustee"). Such action must be in writing. Upon the written acceptance of such entity it shall become the Trustee of the PARS Trust Program and, subject to the provisions of Section 3.10, the trustee of each Agency Trust. By executing an Adoption Agreement, the adopting Member 2567 12 PEL 497 C13 Agency hereby appoints the Union Bank of California, N.A. as the Trustee as of the Amended Effective Date. 3.2 Removal of Trustee Two thirds or more of the Member Agencies acting jointly, may by a vote of two - thirds or greater, act to remove the Trustee. Such action must be in writing and delivered to the Trustee and the Trust Administrator. Upon such removal from the PARS Trust the Trustee shall also be removed as trustee of each of the Agency Trusts. The Plan Administrator may remove the Trustee as trustee of an Agency Trust by giving at least ninety (90) days prior written notice to the Trustee and the Trust Administrator and withdrawing from the PARS Trust Program. 3.3 Resignation of Trustee The Trustee may resign as trustee of the PARS Trust Program at any time by giving at least ninety (90) days prior written notice to the Trust Administrator and to each Plan Administrator of each Member Agency that has adopted the PARS Trust Agreement and not terminated its participation in the PARS Trust Program. Such resignation shall also be deemed a resignation as trustee of each of the Agency Trusts. The Trustee may resign as trustee of an Agency Trust by giving at least ninety (90) written notice to the Plan Administrator of such Agency Trust and to the Trust Administrator. The Member Agency's appointment of a successor trustee to the Agency Trust will vest the successor trustee with title to the Assets of its Agency Trust upon the successor trustee's acceptance of such appointment. 3.4 The Plan Administrator The governing body of each Member Agency shall have plenary authority for the administration and investment of the Agency Trust pursuant to the laws and Constitution of the State of California and applicable federal laws and regulations. Each Member Agency shall by resolution designate a Plan Administrator. Unless otherwise specified in the instrument the Plan Administrator shall be deemed to have authority to act on behalf of the Member Agency in all matters pertaining to the Member Agency's participation in the PARS Trust Program and in regard to the Agency Trust of the Member Agency. Such appointment of a Plan Administrator shall be effective upon receipt and acknowledgment by the Trustee and the Trust Administrator and shall be effective until the Trustee and Trust Administrator are furnished with a resolution of the Member Agency that the appointment has been modified or terminated. 3.5 Failure to Appoint Plan Administrator If a Plan Administrator is not appointed, or such appointment lapses, the Member Agency shall be deemed to be the Plan Administrator. As used in this document 2567 12 PEL Plan Administrator shall be deemed to mean Member Agency when a Plan Administrator has not been appointed. 3.6 Delegatee The Plan Administrator, acting on behalf of the Member Agency, may delegate certain authority, powers and duties to an entity to act in those matters specified in the delegation ("Delegatee"). Any such delegation must be in a writing that names and identifies the Delegatee, states the effective date of the delegation, specifies the authority and duties delegated, is executed by the Plan Administrator and is acknowledged in writing by the Delegatee, the Trust Administrator (if not the Delegatee) and the Trustee. Such delegation shall be effective until the Trustee and the Trust Administrator are directed in writing by the Plan Administrator that the delegation has been rescinded or modified. 3.7 Certification to Trustee The governing body of each Member Agency, or other duly authorized official, shall certify in writing to the Trustee and the Trust Administrator the names and specimen signatures of the Plan Administrator and Delegatee, if any, and all others authorized to act on behalf of the Member Agency whose names and specimen signatures shall be kept accurate by the Member Agency acting through a duly authorized official or governing body of the Member Agency. The Trustee and the Trust Administrator shall have no liability if it acts upon the direction of a Plan Administrator or Delegatee that has been duly authorized, as provided in Section 3.6, if that Plan Administrator or Delegatee is no longer authorized to act, unless the Member Agency has informed the Trustee and the Trust Administrator of such change. 3.8 Directions to Trustee Except as provided in Section 5.18 of this Trust Agreement, all directions to the Trustee from the Plan Administrator or Delegatee must be in writing and must be signed by the Plan Administrator or Delegatee, as the case may be. For all purposes of this Trust Agreement, direction shall include any certification, notice, authorization, application or instruction of the Plan Administrator, Delegatee or Trustee appropriately communicated. The above notwithstanding direction may be implied if the Plan Administrator or Delegatee has knowledge of the Trustee's intentions and fails to file written objection. The Trustee shall have the power and duty to comply promptly with all proper direction of the Plan Administrator, or Delegatee, appointed in accordance with the provisions of this PARS Trust Agreement. In the case of any direction deemed by the Trustee to be unclear or ambiguous the Trustee may seek written instructions from the Plan Administrator, the Agency or the Delegatee on such 2567 12 PEL 099 01 5 matter and await their written instructions without incurring any liability. If at any time the Plan Administrator or the Delegatee should fail to give directions to the Trustee, the Trustee may act in the manner that in its discretion seems advisable under the circumstances for carrying out the purposes of the PARS Trust Program and/or any Agency Trust which may include not taking any action. The Trustee may request directions or clarification of directions received and may delay acting until clarification is received. In the absence of timely direction or clarification, or if the Trustee considers any direction to be a violation of the PARS Trust Agreement or any applicable law, the Trustee shall in its sole discretion take appropriate action, or refuse to act upon a direction. 3.9 Alternate Trustee A Member Agency may appoint a trustee, other than the Trustee, as to a portion of the assets in the Agency Trust by designating such person or entity as an Alternate Trustee on the Adoption Agreement and by specifying which assets shall be subject to the fiduciary management of the Alternate Trustee. Such appointment shall not be effective unless it is in writing, specifies clearly the assets as to which the Alternate Trustee is to have trustee powers, is acknowledged in writing by the Alternate Trustee, is delivered to and acknowledged by the Trustee and the Trust Administrator. Only a bank, trust company, retirement board, insurer, the Member Agency or such entity as permitted by California law to be a trustee may be appointed an Alternate Trustee. Such appointment will become effective upon acceptance by the Alternate Trustee. 3.10 Powers Of Alternate Trustee The Alternate Trustee shall be deemed to have all of the powers and duties and responsibilities specified in the PARS Trust Agreement for the PARS Trustee in Article IV unless otherwise specified in the Adoption Agreement. 3.11 Responsibility of Trustee Upon Appointment of Alternate Trustee Upon the appointment of an Alternate Trustee, the Trustee shall have no liability or responsibility for any matters relating to the management, investment or administration of those assets as to which the Alternate Trustee has been appointed and shall only have the duties set forth in Section 4.3. 3.12 Trust Administrator The Member Agencies have appointed Phase II Systems as the Trust Administrator. The Trust Administrator has accepted its appointment subject to each Member Agency's delegation of authority, to act as such, pursuant to Section 3.6 of this PARS Trust Agreement. The Trust Administrator's duties 2567 12 PEt_ 10 100 Cr 1 G involve the performance of the following services pursuant to the provisions of this trust agreement and the Agreement for Administrative Services: (a) Performing periodic accounting of the Agency Trust; (b) Directing the Trustee to make distributions from the Agency Trust to Participants pursuant to the provisions of the Member Agency's Plan and liquidate assets in order to make such distributions; (c) Notifying the Investment Fiduciary of the amount of Assets in the Agency Trust available for further investment and management by the Investment Fiduciary; (d) Allocating contributions, earnings and expenses to each Agency Trust; (e) Directing the Trustee to pay insurance premiums, to pay the fees of the Trust Administrator and to do such other acts as shall be appropriate to carry out the intent of the Agency Trusts. (f) Such other services as the Member Agency and the Trust Administrator may agree in the Agreement for Administrative Services pursuant to Section 2.4. 3.13 The Trust Administrator shall be entitled to rely on, and shall be under no duty to question, direction and/or data received from the Plan Administrator, or other duly authorized entity, in order to perform its authorized duties under this trust agreement. The Trust Administrator shall not have any duty to compute contributions made to the Agency Trust, determine or inquire whether contributions made to the Agency Trust by the Plan Administrator or other duly authorized entity are adequate to meet and discharge liabilities under the Plan; or determine or inquire whether contributions made to the Agency Trust are in compliance with the Plan; The Trust Administrator shall not be liable for non performance of duties if such non performance is directly caused by erroneous, and/or late delivery of, directions or data from the Plan Administrator, or other duly authorized entity. 3.14 Additional Trust Administrator Services The Plan Administrator may at any time retain the Trust Administrator as its agent to perform any act, keep any records or accounts and make any computations which are required of the Member Agency or the Plan Administrator by this PARS Trust Agreement or by the Member Agency's Plan. The Trust Administrator shall be separately compensated for such service and such services shall not be deemed to be contrary to the PARS Trust Agreement. 11 101 2567 12 PEl_ G17 3.15 Trust Administrator's Compensation As may be agreed upon from time to time by the Member Agency and Trust Administrator, the Trust Administrator will be paid reasonable compensation for services rendered or reimbursed for expenses properly and actually incurred in the performance of duties with respect to the Agency Trust and to the PARS Trust Program in accordance with Section 53217 of the Act. 3.16 Resignation or Removal of Trust Administrator The Trust Administrator may resign at any time by giving at least one hundred twenty (120) days written notice to each Member Agency of the PARS Trust Program and the Trustee. The Member Agencies, by a two-thirds or greater vote, may remove the Trust Administrator by delivering, at least one hundred twenty (120) days prior to the effective date of such removal, written notice to the Trust Administrator and to the Trustee. Km a►v THE TRUSTEE 4.1 Powers and Duties of the Trustee Except as otherwise provided in Article V and subject to Article VI, the Trustee shall have full power and authority with respect to property held in the Agency Trust to do all such acts, take all proceedings, and exercise all such rights and privileges, whether specifically referred to or not in this document, as could be done, taken or exercised by the absolute owner, including, without limitation, the following: (a) To invest and reinvest the Assets or any part hereof in any one or more kind, type, class, item or parcel of property, real, personal or mixed, tangible or intangible; or in any one or more kind, type, class, item or issue of investment or security; or in any one or more kind, type, class or item of obligation, secured or unsecured; or in any combination of them. To retain the property for the period of time that the Trustee deems appropriate; (b) To acquire and sell options to buy securities ("call" options) and to acquire and sell options to sell securities ("put" options); (c) To buy, sell, assign, transfer, acquire, loan, lease (for any purpose, including mineral leases), exchange and in any other manner to acquire, manage, deal with and dispose of all or any part of the Agency Trust , 2567__12 PEL 12 10,2 G18 property, for cash or credit and upon any reasonable terms and conditions; (d) To make deposits, with any bank or savings and loan institution, including any such facility of the Trustee or an affiliate thereof provided that the deposit bears a reasonable rate of interest; (e) To invest and reinvest the Assets, or any part thereof in any one or more collective investment trust funds, including common and group trust funds that consist exclusively of assets of exempt pension and profit sharing trusts and individual retirement accounts qualified and tax exempt under the Code, that are maintained by the Trustee or an affiliate thereof. The declaration of trust or plan of operations for any such common or collective fund is hereby incorporated herein and adopted into this PARS Trust Agreement by this reference. The combining of money and other assets of the Agency Trust with money and other assets of other qualified trusts in such fund or funds is specifically authorized. Notwithstanding anything to the contrary in this trust agreement, the Trustee shall have full investment responsibility over assets of the trust invested in such commingled funds. If the plan and trust for any reason lose their tax exempt status, and the Assets have been commingled with assets of other tax exempt trusts in Trustee's collective investment funds, the Trustee shall within 30 days of notice of such loss of tax exempt status, liquidate the Agency Trust's units of the collective investment fund(s) and invest the proceeds in a money market fund pending investment or other instructions from the Plan Administrator. The Trustee shall not be liable for any loss or gain or taxes, if any, resulting from said liquidation; (f) To place uninvested cash and cash awaiting distribution in one or more mutual funds and/or commingled investment funds maintained by or made available by the Trustee, and to receive compensation from the sponsor of such fund(s) for services rendered, separate and apart from any Trustee's fees hereunder. Trustee or Trustee's affiliate may also be compensated for providing investment advisory services to any mutual fund or commingled investment funds; (g) To borrow money for the purposes of the Agency Trust from any source with or without giving security; to pay interest; to issue promissory notes and to secure the repayment thereof by pledging all or any part of the Assets; (h) To take all of the following actions as directed by the Investment Fiduciary or other person with investment discretion over the trust assets: to vote proxies of any stocks, bonds or other securities; to give general or special proxies or powers of attorney with or without power of substitution; to exercise any conversion privileges, subscription rights or other options, 13 0 2567 12 PEI. and to make any payments incidental thereto; to consent to or otherwise participate in corporate reorganizations or other changes affecting corporate securities and to delegate discretionary powers and to pay any assessments or charges in connection therewith; and generally to exercise any of the powers of an owner with respect to stocks, bonds, securities or other property held in the Agency Trust; (i) To make, execute, acknowledge and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted; (j) To raze or move existing buildings; to make ordinary or extraordinary repairs, alterations or additions in and to buildings; to construct buildings and other structures and to install fixtures and equipment therein; (k) To pay or cause to be paid from the Agency Trust any and all real or personal property taxes, income taxes or other taxes or assessments of any or all kinds levied or assessed upon or with respect to the Agency Trust or the Plan; (1) As directed by the Trust Administrator, to hold term or ordinary life insurance contracts on the lives of Participants (but in the case of conflict between any such contract and the Plan, the terms of the Plan shall prevail); to pay from the Agency Trust the premiums on such contracts; to distribute, surrender or otherwise dispose of such contracts; to pay the proceeds, if any, of such contracts to the proper persons in the event of the death of the insured Participant; to enter into, modify, renew and terminate annuity contracts of deposit administration of immediate participation or other group or individual. type with one or more insurance companies and to pay or deposit all or any part of the Agency Trust Assets thereunder; to provide in any such contract for the investment of all or any part of funds so deposited with the insurance company in securities under separate accounts; to exercise and claim all rights and benefits granted to the contract holder by any such contracts; (m) To exercise all the further rights, powers, options and privileges granted, provided for, or vested in trustees generally under applicable federal or California laws, as amended from time to time, it being intended that, except as herein otherwise provided, the powers conferred upon the Trustee herein shall not be construed as being in limitation of any authority conferred by law, but shall be construed as consistent or in addition thereto. 2567 12 PF[ 14 104 0#1Z0 4.2 Additional Trustee Powers In addition to the other powers enumerated above, and whether or not the Member Agency has retained investment authority or delegated it to an Investment Fiduciary or Participants in Participant Directed Accounts, the Trustee in any and all events is authorized and empowered: (a) To invest funds pending required directions in any type of interest -bearing account including without limitation, time certificates of deposit or interest - bearing accounts issued by Union Bank of California N.A., or any mutual fund or short term investment fund ("Fund"), whether sponsored or advised by Union Bank of California or any affiliate thereof; Union Bank of California, N.A. or its affiliate may be compensated for providing such investment advice and providing other services to such Fund, in addition to any Trustee's fees received pursuant to this Trust Agreement; (b) To cause all or any part of the Agency Trust to be held in the name of the Trustee (which in such instance need not disclose its fiduciary capacity) or, as permitted by law, in the name of any nominee, and to acquire for the Agency Trust any investment in bearer form, but the books and records of the Agency Trust shall at all times show that all such investments are a part of the Agency Trust and the Trustee shall hold evidences of title to all such investments; (c) To serve as sole custodian with respect to the Agency Trust Assets; (d) To employ such agents and counsel as may be reasonably necessary in managing and protecting the Assets and to pay them reasonable compensation; to employ any broker -dealer, including a broker -dealer affiliated with the Trustee, and pay to such broker -dealer at the expense of the Agency Trust, its standard commissions; to settle, compromise or abandon all claims and demands in favor of or against the Agency Trust; and to charge any premium on bonds purchased at par value to the principal of the Agency Trust without amortization from the Agency Trust, regardless of any law relating thereto; (e) In addition to the powers listed herein, to do all other acts necessary or desirable for the proper administration of the Agency Trust, as though the absolute owner thereof; (f) To abandon, compromise, contest, arbitrate or settle claims or demands; to prosecute, compromise and defend lawsuits, but without obligation to do so, all at the risk and expense of the Agency Trust; (g) To exercise and perform any and all of the other powers and duties specified in this Trust Agreement or the Plan; 15 107) 2567 12 PEL l iW (h) To permit such inspections of documents at the principal office of the Trustee as are required by law, subpoena or demand by United States agency; (i) To comply with all requirements imposed by applicable provisions of law; (j) To seek written instructions from the Plan Administrator or other fiduciary on any matter and await their written instructions without incurring any liability. If at any time the Plan Administrator or the fiduciary should fail to give directions to the Trustee, the Trustee may act in the manner that in its discretion seems advisable under the circumstances for carrying out the purposes of this Agency Trust; (k) As directed by the Plan Administrator or Delegatee if duly authorized, to cause the benefits provided under the Plan to be paid directly to the persons entitled thereto under the Plan, and in the amounts and in the manner specified, and to charge such payments against the Agency Trust with respect to which such benefits are payable; (1) To compensate such executive, consultant, actuarial, accounting, investment, appraisal, administrative, clerical, secretarial, medical, custodial, depository and legal firms, personnel and other employees or assistants as are engaged by the Plan Administrator in connection with the administration of the Plan and to pay from the Agency Trust the necessary expenses of such firms, personnel and assistants, to the extent not paid by the Plan Administrator; (m) To act upon proper written directions of the Plan Administrator or Delegatee, including directions given by photostatic transmissions using facsimile signature; (n) To pay from the Agency Trust the expenses reasonably incurred in the administration of the Agency Trust as provided in the Plan; (o) To maintain insurance for such purposes, in companies as the Plan Administrator shall cover liability or losses occurring by reason fiduciaries but only if such insurance permits against the fiduciary in the case of a breach of such fiduciary. IM such a elect, i of the mounts and with such ncluding insurance to acts or omissions of recourse by the insurer a fiduciary obligation by 106 2567 12 PEL 4.3 Custodial Powers If an Alternate Trustee has been appointed pursuant to Section 3.9, Union Bank of California, N.A., ("Bank") as Custodian, shall only have the following responsibilities: (a) Keep records of all transactions entered into for the Agency Trust and furnish to Alternate Trustee statements no less frequently than quarterly showing all principal and income transactions and Agency Trust Assets, which shall be deemed ratified and approved by Alternate Trustee unless Custodian is advised to the contrary within ninety (90) days of Custodian's mailing thereof by first class mail to Alternate Trustee; (b) Receive payments of income and principal on Agency Trust Assets, and retain or remit in accordance with Alternate Trustee's written instructions; (c) Hold Agency Trust Assets in Bank's name as Custodian for Alternate Trustee or in Bank's nominee name, or, as to securities eligible to be held by the depository trust company or other depository, in its nominee name; (d) Purchase and sell securities, attend to the exchange of securities, deposit or exchange securities of companies in reorganization, and tender securities on redemption or tender offer solely upon direction of Alternate Trustee; (e) Sign the name of Alternate Trustee to stock and bond powers and any other instruments required for the proper exercise of Bank's duties, and Bank is appointed Alternate Trustee's attomey-in-fact for these purposes; (f) Forward all proxies and accompanying materials to Alternate Trustee to be voted unless directed in writing to the contrary. Disclose Alternate Trustee's name and address in response to requests from issuers of securities and others to facilitate direct communication for proxy and tender offer response; (g) Sell all fractional shares of stock received as a result of stock dividends or other corporate action; (h) Notify Alternate Trustee of any inability to collect income or principal if the securities or other property constituting Assets upon which such amount is payable is in default, or if payment is refused after due demand. Bank shall be under no obligation or duty to take any action to effect collection of defaulted payments, or to file or pursue any bankruptcy or class action claims with respect to Agency Trust. 17 2567 17 PE-1 (i) Perform a telephonic verification to Alternate Trustee or Alternate Trustee's authorized representative or such other security procedure selected by Alternate Trustee prior to wiring funds or following facsimile directions as Bank may require. Alternate Trustee assumes all risk of delay of transfer if Bank is unable to reach Alternate Trustee or Alternate Trustee's authorized representative, or in the event of delay as a result of attempts to comply with any other security procedure selected by Alternate Trustee. Article V INVESTMENTS 5.1 Investment Fiduciary Except as herein provided, the Plan Administrator shall be the Investment Fiduciary. 5.2 Appointment of Trustee or an Investment Manager as Investment Fiduciary The Plan Administrator may appoint the Trustee or an investment manager as the Investment Fiduciary, with the authority and duty to direct the investment and management of all or any portion of the Assets of the Agency Trust. 5.3 Appointment of Investment Fiduciary No action of the Plan Administrator pursuant to 5.2 shall be effective until a certified copy of the revised Adoption Agreement and, if required, any such resolution of the governing body of the Member Agency or Plan Administrator action is delivered to the Trustee. Upon receipt and acceptance, the Trustee or investment manager, as the case may be, shall assume fiduciary responsibility with respect to the investment and management of such assets of the Agency Trust as are specified in the resolution or action. Any transfer of investment authority to the Trustee or to an investment manager may be revoked by delivering to the Trustee or the investment manager a written notice from either the Member Agency governing body or the Plan Administrator, as the case may be. 5.4 Reliance by Trustee on Investment Fiduciary The appointment, selection and retention of an Investment Fiduciary shall be solely the responsibility of the Member Agency acting through its governing body or the Plan Administrator. The Trustee may rely upon the fact that the 18 log �,)67 12 PH C!204 Investment Fiduciary is authorized to direct the investment and management of the Assets of the Agency Trust until such time as the Plan Administrator shall notify the Trustee in writing that another Investment Fiduciary has been appointed to replace the Investment Fiduciary named, or, in the alternative, that the Investment Fiduciary named has been removed. 5.5 When Trustee is not Investment Fiduciary The Trustee shall not be the Investment Fiduciary and shall have no responsibility or authority for the investment and management of assets unless specifically designated as the Investment Fiduciary as to some or all of the assets in the Agency Trust and accepts such designation. (a) During such period or periods of time, if any, as the Plan Administrator or an Investment Fiduciary is authorized to direct the investment and management of the Assets of the Agency Trust, the Trustee shall (subject to the overriding limitations hereinafter set forth) effect and change investment of the Assets of the Agency Trust as directed in writing by the Plan Administrator, or Investment Fiduciary, as the case may be, and shall neither effect nor change any such investments without such direction and shall have no right, duty or responsibility to recommend investments or investment changes. The following provisions shall govern the Trustee during such period or periods of time, if any, during which the Plan Administrator or an Investment Fiduciary is authorized to direct the investment and management of the Assets of any Agency Trust: (b) So long as the Plan Administrator retains or reacquires full power and responsibility to direct the Trustee with respect to the investment and management of all or any portion of the Assets of the Agency Trust, the Trustee shall not be liable nor responsible for losses or unfavorable results arising from the Trustee's compliance with proper directions of the Plan Administrator which are made in accordance with the terms of this Trust Agreement and which are not contrary to the provisions of any applicable federal or state statute regulating such investment. (c) In the event an Investment Fiduciary is given authority and responsibility with respect to the investment and management of the Assets of the Agency Trust, neither the Trustee nor the Plan Administrator shall be liable or responsible in any way for any losses or other unfavorable results arising from the Trustee's compliance with investment or management directions received by the Trustee from the Investment Fiduciary. 5.6 Investment Directions Must be in Writing Subject to the provisions of Section 5.18, in order to be valid all directions concerning investments made by the Plan Administrator, or the Investment 19 256712 PF1 (�' O,9 4. 41 , Fiduciary, or PARS Trustee must be signed by the authorized person or persons acting on behalf of the Plan Administrator, Investment Fiduciary or Trustee, as the case may be. 5.7 Trustee Reliance On Directions (a) The Trustee shall be entitled to rely upon directions which the Trustee receives. The Trustee shall be under no duty to question any directions of the Investment Fiduciary or Plan Administrator nor to review any securities or other property of the PARS Trust or Agency Trust constituting assets thereof with respect to which an Investment Fiduciary or the Plan Administrator has investment responsibility, nor to make any suggestions to the Investment Fiduciary or Plan Administrator in connection therewith. The Trustee shall, as promptly as possible, comply with any written directions given by the Plan Administrator or an Investment Fiduciary hereunder. The Trustee shall not be liable, in any manner nor for any reason, for the making or retention of any investment pursuant to such directions, nor shall the Trustee be liable for its failure to invest any or all of the Assets of the Agency Trust in the absence of such written directions. The Trustee shall be under no obligation to seek written clarification in the event of ambiguity. (b) During such period of time, if any, as the Plan Administrator, or an Investment Fiduciary, is authorized to direct the Trustee, the Trustee shall have no obligation to determine the existence of any conversion, redemption, exchange, subscription or other right relating to any securities purchased of which notice was given prior to the purchase of such securities, and shall have no obligation to exercise any such right unless the Trustee is informed of the existence of the right and is instructed to exercise such right, in writing, by the Plan Administrator or the Investment Fiduciary, as the case may be, within a reasonable time prior to the expiration of such right. (c) In any event, neither the Plan Administrator nor any Investment Fiduciary referred to above shall direct the purchase, sale or retention of any Assets of the Agency Trust if such directions are not in compliance with applicable law. 5.8 Trustee Fees As may be agreed upon, in writing, between the Plan Administrator and Trustee, the Trustee will be paid reasonable compensation for services rendered or reimbursed for expenses properly and actually incurred in the performance of duties with respect to the Agency Trust or the PARS Trust. Zo 2567. 12 PEL 11 P, r' 2 6 5.9 Contributions The Plan Administrator shall make all of its contributions to the Trustee, and shall also transmit all contributions of Plan participants, as may be required or allowed by the Plan, to the Trustee. Such contributions shall be in cash unless the Trustee agrees to accept a contribution that is not in cash. All contributions shall be paid to the Trustee for investment and reinvestment pursuant to the terms of this Trust Agreement. The Trustee shall not have any duty to determine or inquire whether any contributions to the Agency Trust made to the Trustee by any Plan Administrator are in compliance with the Plan; nor shall the Trustee have any duty or authority to compute any amount to be paid to the Trustee by any Plan Administrator; nor shall the Trustee be responsible for the collection or adequacy of the contributions to meet and discharge liabilities under the Plan. The contributions received by the Trustee from each Member Agency shall be held and administered pursuant to the terms hereof without distinction between income and principal. 5.10 Money Market Fund Pending any investment directions, such cash in the Agency Trust in an amount as is reasonable in the discretion of the Trustee, may be deposited in a money market fund selected by the Trustee or the Member Agency. 5.11 Purchase of Contracts The Trustee shall have the authority to purchase individual or group insurance, annuity, preliminary term, group pension, and variable annuity contracts in accordance with the directions of the Plan Administrator or other insurance contracts at the direction of the Plan Administrator or Investment Fiduciary if such contracts are acceptable to the Trustee. The Trustee shall act as custodian of such contracts if an Alternate Trustee is appointed as to such contracts. 5.12 Records (a) The Trustee shall maintain accurate records and detailed accounts of all investments, receipts, disbursements and other transactions hereunder at the PARS Trust level. Such records shall be available at all reasonable times for inspection by the Trust Administrator. The Trustee shall, at the direction of the Trust Administrator, submit such valuations, reports or other information as the Trust Administrator may reasonably require. (b) Valuation. The assets of the Agency Trust shall be valued at their fair market value on the date of valuation, as determined by the Trustee based upon such sources of information as it may deem reliable; provided, however, that the Plan Administrator shall instruct the Trustee as to valuation of assets which are not readily determinable on an established 2567 12 PEi_ 21 0 E: market. The Trustee may rely conclusively on such valuations provided by the Plan Administrator and shall be indemnified and held harmless by the Plan Administrator with respect to such reliance. If the Plan Administrator fails to provide such values, the Trustee may take whatever action it deems reasonable, including employment of attorneys, appraisers or other professionals, the expense of which will be an expense of administration of the Agency Trust. Transactions in the account involving such hard to value assets may be postponed until appropriate valuations have been received and Trustee shall have no liability therefore. 5.13 Statements (a) Periodically as specified, and within sixty days after June 30, or the end of the PARS Trust's fiscal year if different, Trustee shall render to the Trust Administrator as directed, a written account showing in reasonable summary the investments, receipts, disbursements and other transactions engaged in by the Trustee during the preceding fiscal year or period with respect to the PARS Trust. Such account shall set forth the assets and liabilities of the PARS Trust valued as of the end of the accounting period. (b) The Trust Administrator may approve such statements either by written notice or by failure to express objections to such statements by written notice delivered to the Trustee within 90 days from the date the statement is delivered to the Trust Administrator. Upon approval, the Trustee shall be released and discharged as to all matters and items set forth in such statement as if such account had been settled and allowed by a decree from a court of competent jurisdiction. 5.14 Wire Transfers The Trustee shall follow the Plan Administrator's, Delegatee's, or Trust Administrator's wire transfer instructions in compliance with the written security procedures provided by the party providing the wire transfers. The Trustee shall perform a telephonic verification to the Plan Administrator, Trust Administrator, or Delegatee, of such other security procedure, as selected by the party providing wire transfer directions, prior to wiring funds or following facsimile directions as Trustee may require. The Plan Administrator assumes the risk of delay of transfer if Trustee is unable to reach the Plan Administrator, or in the event of delay as a result of attempts to comply with any other security procedure selected by the directing party. 5.15 Exclusive Benefit The Assets of the Agency Trust shall be held in trust for the exclusive purpose of providing benefits to the participants and their beneficiaries of the Member Agency Plan, and defraying reasonable expenses of the Plan, and shall not be 22 ^ C� 21 8 used for or diverted to any other purpose. No party shall have authority to use or divert such Plan's Assets for the payment of benefits or expenses of any other Member Agency's Plan. 5.16 Delegation of Duties The Plan Administrator, Delegatee, or Trust Administrator, may at any time retain the Trustee as its agent to perform any act, keep any records or accounts and make any computations that are required of the Plan Administrator, Delegatee or Trust Administrator by this Trust Agreement or by the Plan. The Trustee may be compensated for such retention and such retention shall not be deemed to be contrary to this Trust Agreement. 5.17 Distributions All benefits payable pursuant to the Plan shall be paid out of the Assets of the Agency Trust by the Trustee pursuant to the direction of the Plan Administrator or Delegatee. The Trustee shall, from time to time, upon the written direction of the Plan Administrator or Delegatee, make distributions from the Assets of the Agency Trust to or for the benefit of such persons, in such manner in such form(s), in such amounts and for such purposes as may be specified in such directions. The Trustee at the direction of the Plan Administrator or Delegatee may make any distribution required to be made by it hereunder by delivering to the Plan Administrator or Delegatee: Its check payable to the person to whom such distribution is to be made, for delivery to such person; or Its check payable to an insurer for the benefit of such person, for delivery by such insurer; or insurance contracts held on the life of the Participant to whom or with respect to whom the distribution is being made, for redelivery to the person to whom such distribution is to be made; provided that any contract distributed shall be endorsed as non -transferable. In directing the Trustee to make distributions, the Plan Administrator or Delegatee shall follow the provisions of the Plan and shall not direct that any distribution be made either during the existence or upon discontinuance of the Plan, which would cause any part of the Assets of the Agency Trust to be used for or diverted to purposes other than as provided in the Plan and this PARS Trust. In no event shall the Trustee have any responsibility respecting the application of such distributions, nor for determining or inquiring into whether such distributions are in accordance with the Plan. 23 11,7 2567 12 PFL 029 5.18 Participant Directed Accounts The Member Agency may, by written resolution and execution of the Adoption Agreement, terminate the Plan Administrator's right to direct the investment and management of all or any portion of the Assets of the Agency Trust and allow Participants to direct their own account balances ("Participant Directed Accounts"). Notwithstanding any other provision of this Trust Agreement, for Participant Directed Accounts, the Trustee shall be entitled to act upon proper directions of the Plan Administrator, Trust Administrator, and Participants including directions in writing, or oral instructions which Trustee in its discretion may follow without receipt of written instructions, instruction given by photostatic teletransmission using facsimile signature, or those instructions which are digitally recorded on the UBOC Voice Response Unit ("VRU") or internet website. Trustee is hereby authorized to record conversations and transmissions made in connection with the Agency Trust. Trustee's recording or lack of recording of any such oral, internet or digital instructions, and/or receipt or lack of receipt of facsimile transmissions, as reflected in the Trustee's records maintained in the ordinary course of business shall constitute conclusive proof of Trustee's receipt or non -receipt of such instructions. The Trustee and/or Trust Administrator shall not be liable in any manner for investment or other losses or other liability attributable to Participant's directions, or lack thereof, or exercise of control over the investments of their Participant Directed Accounts. Likewise, the Trustee and/or Trust Administrator shall have no duty or responsibility to review, monitor or make recommendations regarding investments made at the direction of the Participants or the Plan Administrator. In order for Member Agency to be relieved of investment fiduciary liability, the requirements of California law including Section 53213.5 of the California Government Code must be met. The Plan Administrator shall establish uniform and nondiscriminatory rules for the operation of the Participant Directed Accounts, including whether the Participant shall direct the Trustee or direct the Plan Administrator who directs the Trust Administrator who forwards such directions to the Trustee. Member Agency shall designate whether Participant Directed Accounts are to be established pursuant to the provisions of section 5.18(a) or 5.18(b), below: (a) Participant Direction in Individually Directed Accounts. If the Member Agency has so elected, Participants may have investment direction power over their own segregated account balances ("Individually Directed Account" or "IDA"). Investments may be directed by Participants into assets administratively acceptable to Trustee, as limited by guidelines developed by the Plan Administrator (the "Permissible Investment Guidelines"). Plan Administrator shall notify Participants of the Plan's Permissible Investment Guidelines as in effect from time to time. In the absence of directions from a Participant, the Plan Administrator may direct the investment of the IDA. The Trustee may refuse to comply with the 24 114 2567 12 PEL 030 directions of the Participant to invest in assets other than those listed in its Permissible Investments Guidelines or with directions which the Trustee deems to be improper or contrary to the provisions of the Plan and Agency Trust or the Internal Revenue Code and shall have no liability for such refusal. (b) Participant Directed Account within Plan Administrator Selected Investment Options ("SelectBENEFIT Accounts"): If the Member Agency so elects, the Participant's Account Balance shall be segregated into a Participant Directed Account ("SelectBENEFIT Account"), over which the Participant may direct investment into one or more investment alternatives ("Investment Options"). The Plan Administrator or its appointed Investment Fiduciary shall have full responsibility for designating the Investment Options under the Plan and for selecting the underlying investment vehicle(s) for each designated Investment Option into which a Participant may direct investment of his or her SelectBENEFIT Account. To the extent allowed by law, neither the Member Agency, the Plan Administrator, the Trust Administrator nor the Trustee shall have any responsibility for monitoring the directions of the Participant nor shall the Member Agency, the Plan Administrator, the Trust Administrator or the Trustee be liable in any manner for investment or other losses or other liability for following directions of a Participant. (c) If SelectBENEFIT Accounts are established, notwithstanding any other provision of this Trust Agreement, the Member Agency may appoint the Trustee to provide ministerial services as recordkeeper for such accounts by so indicating in the Member Agency's Adoption Agreement, provided that an acceptable service agreement has been executed by and between the Member Agency, the Plan Administrator, the Trustee and the Trust Administrator. Article VI FIDUCIARY RESPONSIBILITIES 6.1 More Than One Fiduciary Capacity Any one or more of the fiduciaries with respect to the PARS Trust Agreement or the Agency Trust may, to the extent required thereby or as directed by the Plan Administrator pursuant to this PARS Trust Agreement and the Plan, serve in more than one fiduciary capacity with respect to the PARS Trust Agreement, the Agency Trust and the Plan. 25 115 2567 12 PH 99 C` � 1 6.2 Fiduciary Discharge of Duties Except as otherwise provided in the Code and applicable law each fiduciary shall discharge such fiduciary's duties with respect to the PARS Trust Agreement and the Plan: Solely in the interest of the Participants and for the exclusive purpose of providing benefits to Participants, and defraying reasonable expenses of administering the Plan. With the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like aims. By diversifying the investments of the Plan and the Agency Trust so as to minimize the risk of loss and to maximize the rate of return, unless under the circumstances it is clearly prudent not to do so. 6.3 Limitations on Fiduciary Responsibility To the extent permitted by applicable law: No fiduciary shall be liable with respect to a breach of fiduciary duty by any other fiduciary if such breach was committed before such party became a fiduciary or after such party ceased to be a fiduciary. No fiduciary shall be liable for a breach by another fiduciary unless the non - breaching fiduciary knowingly participates in such a breach, knowingly undertakes to conceal such breach, or has actual knowledge of such breach and fails to take reasonable steps to remedy such breach. No fiduciary shall be liable for carrying out a proper direction from another fiduciary, including refraining from taking an action in the absence of a proper direction from the other fiduciary possessing the authority and responsibility to make such a direction, which direction the fiduciary in good faith believes to be authorized and appropriate. 6.4 Indemnification of Trustee by Member Agency The Trustee shall not be liable for, and Member Agency shall indemnify, defend (as set out in 6.8 of this Trust Agreement), and hold the Trustee (including its officers, agents, employees and attorneys) and other Member Agencies and Alternate Trustees, harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Member Agency's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under this Trust Agreement. 26 2567 12 PEL 1 C s 6.5 Indemnification of Member Agency by Trustee The Member Agency shall not be liable for, and Trustee shall indemnify, defend (as set out in 6.8 of this Trust Agreement), and hold the Member Agency (including its officers, agents, employees and attorneys) and other Member Agencies and Alternate Trustees, harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Trustee's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under this Trust Agreement. 6.6 Indemnification of Trustee by Trust Administrator The Trustee shall not be liable for, and Trust Administrator shall indemnify and hold the Trustee (including its officers, agents, employees and attorneys) harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Trust Administrator's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under this Trust Agreement. 6.7 Indemnification of Trust Administrator by Trustee The Trust Administrator shall not be liable for, and Trustee shall indemnify and hold the Trust Administrator (including its officers, agents, employees and attorneys) harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Trustee's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under this Trust Agreement. 6.8 Indemnification Procedures Promptly after receipt by an indemnified party of notice or receipt of a claim or the commencement of any action for which indemnification may be sought, the indemnified party will notify the indemnifying party in writing of the receipt or commencement thereof. When the indemnifying party has agreed to provide a defense as set out above that party shall assume the defense of such action (including the employment of counsel, who shall be counsel satisfactory to such indemnitee) and the payment of expenses, insofar as such action shall relate to any alleged liability in respect of which indemnity may be sought against the indemnifying party. Any indemnified party shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of the 2567. 12 PEL 27 117 C! 33 indemnifying party unless (i) the employment of such counsel has been specifically authorized by the indemnifying party or (ii) the named parties to any such action (including any impleaded parties) include both the indemnifying party and the indemnified party and representation of both parties by the same counsel would be inappropriate due to actual or potential differing interest between them. The indemnifying party shall not be liable to indemnify any person for any settlement of any such action effected without the indemnifying party's consent. 6.9 No Joint and Several Liability 7.1 7.2 This document is not intended to and does not create any joint powers agreement or any joint and several liability. No Member Agency shall be responsible for any contributions, costs or distributions of any other Member Agency. Article VI AMENDMENT, TERMINATION AND MERGER No Obligation to Continue Plan and Trust Continuance of the Agency Trust, participation in the PARS Trust Program and continuation of the Plan are not assumed as a contractual obligation of the Member Agency. Amendments (a) The PARS Trust Agreement may only be amended or terminated as provided herein. A two-thirds majority or greater of the Member Agencies shall have the right to amend this Trust Agreement from time to time, and to similarly amend or cancel any amendments. A copy of all amendments shall be delivered to the Trustee, the Trust Administrator and Plan Administrators promptly as each is made. (b) Such amendments shall be set forth in an instrument in writing executed by the amending party, the Trust Administrator and the Trustee. Any amendment may be current, retroactive or prospective, provided, however, that no amendment shall: (1) Cause the Assets of any Agency Trust to be used for or diverted to purposes other than for the exclusive benefit of Participants who have an interest in such Agency Trust or for the purpose of defraying the reasonable expenses of administering such Agency Trust. 28 11,9 2567__12 PEL 0 3 (2) Have any retroactive effect so as to reduce the benefits of any Participant having an interest in the Agency Trust as of the date the amendment is adopted, except that such changes may be made as may be required to permit this PARS Trust Agreement to meet the requirements of applicable law. (3) Change or modify the duties, powers or liabilities of the Trustee or the Trust Administrator hereunder without its consent. (4) Permit the Assets of any Agency Trust to be used for the benefit of any other Plan of the Member Agency unless the Member Agency agrees to such use. 7.3 Termination of Plan A termination of the Plan for which the Agency Trust was established shall not, in itself, effect a termination of an Agency Trust. Upon any termination of the Plan, the Assets of the Agency Trust shall be distributed by the Trustee as and when directed by the Plan Administrator. From and after the date of such termination of the Plan and until final distribution of the Assets the Trustee shall continue to have all the powers provided herein as are necessary or expedient for the orderly liquidation and distribution of such assets and the Agency Trust shall continue until the interests of all Participants have been completely distributed to or for the benefit of the Participants in accordance with the Plan. 7.4 Reversion In the event a Member Agency's Plan is terminated, the vested interest of any Participant shall not be diminished or adversely affected. Except as may be provided in this Trust Agreement or the Plan, such termination shall not vest in the Member Agency any corpus or income under the Agency Trust, nor permit the Plan to discriminate as to coverage, or as to allocation of contributions or earnings, in favor of employees who are officers, shareholders, or highly compensated, nor cause the Agency Trust to lose its exemption pursuant to 501(a) of the Code. No modification, amendment or termination of the Plan shall be construed to be a termination of the Agency Trust so as to require the Trustee to make a distribution of any of the Assets of the Agency Trust to any Participant. In order to make such distribution the Trustee must receive written instructions from the Plan Administrator or Delegatee in a form acceptable to the Trustee. If any Member Agency adopts a Plan whose assets are maintained in an Agency Trust and makes application to the Internal Revenue Service, within one year from the date of adoption of such Plan, for a determination that such Plan is a qualified plan under Section 401 (a) of the Code, and if such Plan is determined by the Internal Revenue Service not to be a qualified Plan, then all contributions 29 n 2567 17 PFL �.) C1 3 and investment income attributable to such Plan shall be returned to the Member Agency upon application to the Trustee. 7.5 Fund Recovery Based on Mistake of Fact Except as hereinafter provided, the Assets of the Agency Trust shall never inure to the benefit of the Member Agency. The Assets shall be held for the exclusive purposes of providing benefits to Participants having an interest in the Plan and defraying reasonable expenses of administering the Agency Trust. The sole exception to the foregoing is as follows: Mistake of Fact. In the case of a contribution which is made by the Plan Administrator because of a mistake of fact, that portion of the contribution relating to the mistake of fact (exclusive of any earnings or losses attributable thereto) may be returned to the Plan Administrator, provided such return occurs within one (1) year after discovery by the Plan Administrator of the mistake. If any repayment is payable to the Plan Administrator, then, as a condition to such repayment, and only if requested by Trustee, the Plan Administrator shall execute, acknowledge and deliver to the Trustee its written undertaking, in a form satisfactory to the Trustee, to indemnify, defend and hold the Trustee harmless from all claims, actions, demands or liabilities arising in connection with such repayment. 7.6 Transfers from Other Qualified Plans Notwithstanding any other provision hereof, there may be transferred to the Trustee, upon direction of the Plan Administrator, all or any of the assets held (whether by a trustee, custodian or otherwise) on behalf of any other plan which satisfies the applicable requirements of Section 401 of the Code, and which is maintained for the benefit of any persons who are or will become Participants in the Plan. 7.7 Termination The PARS Trust Agreement may be terminated only by a unanimous agreement of all Member Agencies. Such action must be in writing and delivered to the Trustee and Trust Administrator. Article VIII MISCELLANEOUS PROVISIONS 8.1 Nonalienation To the maximum extent permitted by law, a Participant's interest in the Agency Trust shall not in any way be liable to attachment, garnishment, assignment or 30 1 ti `A0 2567_12 PEL 036 other process, or be seized, taken, appropriated or applied by any legal or equitable process, to pay any debt or liability of the Participant or any other party. Agency Trust Assets shall not be subject to the claims of the Member Agency or the claims of its creditors. 8.2 Saving Clause In the event any provision of this PARS Trust Agreement and each Agency Trust is held illegal or invalid for any reason, said illegality or invalidity shall not affect the remaining parts of the PARS Trust and/or Agency Trust, but this instrument shall be construed and enforced as if said provision had never been included. 8.3 Applicable Law This PARS Trust Agreement and each Agency Trust shall be construed, administered and governed under the Code and the applicable provisions of California law. To the extent any of the provisions of this Trust Agreement or the Plan are inconsistent with the Code or applicable California law, the provisions of the Code or California law shall control. In the event, however, that any provision is susceptible to more than one interpretation, such interpretation shall be given thereto as is consistent with the Trust Agreement and the Plan being a qualified governmental retirement trust and plan within the meaning of the Code. 8.4 Joinder of Parties In any action or other judicial proceedings affecting this Trust Agreement, it shall be necessary to join as parties only the Trustee, the Plan Administrator or Delegatee. No participant or other persons having an interest in any Agency Trust shall be entitled to any notice or service of process unless otherwise required by law. Any judgment entered in such a proceeding or action shall be binding on all persons claiming under this Trust Agreement, provided, however, that nothing in this Trust Agreement shall be construed as to deprive a participant of such participant's right to seek adjudication of such participant's rights under applicable law. 8.5 Employment of Counsel The Trustee may consult with legal counsel (who may be counsel for the Trustee or Member Agency Plan Administrator) and charge the Agency Trust. 8.6 Gender and Number Words used in the masculine, to refer to the other wheneve r 31 .� 2567. 12 PEL 03R'1 8.7 Headings Headings used in this Trust Agreement are inserted for convenience of reference only and any conflict between such headings and the text shall be resolved in favor of the text. 8.8 Counterparts The Adoption Agreement of this Trust Agreement may be executed in an original and any number of counterparts by the Plan Administrator (executing an Adoption Agreement), the Trust Administrator and the Trustee, each of which shall be deemed to be an original of the one and the same instrument. Article IX ACKNOWLEDGMENT AND ACCEPTANCE The provisions of the PARS Trust Agreement as contained herein are hereby amended and restated as of July 1, 1999 (the "Amended Effective Date") IN WITNESS WHEREOF, the Plan Administrator (by executing the Adoption Agreement) the Trust Administrator and Trustee have executed this Trust Agreement by their duly authorized agents on this19th day of January, 2000. ACKNOWLEDGED AND ACCEPTED this 19th day of January, 2000. THE TRUSTEE UNION BANK OF CALIFORNIA, N.A. By: i Title: Senior Vice President 32 2567_12 PEL THE TRUST ADMINISTRATOR PHASE II SYSTEMS Title: President 12n. 038 ATTACHMENT 2 PUBLIC AGENCY RETIREMENT SYSTEM (PARS) TRUST AGREEMENT COMPARISON OF PRINCIPLE PROVISIONS TRUST EFFECTIVE JULY 1, 1991 AMENDED AND RESTATED TRUST EFFECTIVE JULY 11 1999 1 P,? 039 1. EFFECTIVE DATE Prior Trust July 1, 1991. 1.2 Restatement July 1, 1999. 1.10 2. PURPOSE OF TRUST Prior Trust Trust and the related Public Agency Retirement System are part of a single integrated employee benefit system. 2.1 The purpose of the trust is to receive, invest assets and pay benefits. 2.3 Restatement PARS Trust Program is a multiple employer trust arrangement established to provide economies of scale and administration to participating agencies. The PARS Trust Program consists of the trusts of the agencies that adopt the PARS Trust. 2.1 3. LAW PURSUANT TO WHICH TRUST ESTABLISHED Prior Trust The Trust is intended to meet the requirements of the Internal Revenue Code for a qualified trust. 2.3 Restatement The PARS Trust Program is established pursuant to the provisions of the Internal Revenue Code and the California Government Code providing for pension trusts established by public agencies. 2.2 4. PROCEDURE FOR ADOPTING TRUST Prior Trust An agency may adopt the trust by a properly executed document evidencing its intent to adopt. 2.5 124 2 040 Restatement Any California public agency may adopt the provisions of the PARS Trust Agreement as the trust portion of a qualified governmental retirement plan by executing an adoption agreement, which is attached to the trust instrument as Exhibit A, and an Agreement for Administrative Services with Phase II Systems. 2.4 5. LEGALLY SEPARATE TRUSTS Prior Trust No provision. Restatement By adopting the PARS Trust Agreement a member agency is deemed to have adopted a legally separate trust whose provisions are identical to those of the PARS Trust Agreement. 2.5 6. BASIS FOR COMMINGLING ASSETS Prior Trust No provision. Restatement The Assets of more than one Agency Trust may be commingled by the Trustee or Investment Fiduciary in one or more Omnibus Accounts for investment and administrative purposes. 2.7 An Omnibus Account is an account, established for record keeping purposes only, to commingle the Assets of the individual Agency Trusts. 1.12 7. RESPONSIBILITY FOR PLAN LEVEL ACCOUNTING Prior Trust The Trustee shall maintain accurate records. 4.6 041 Restatement The Trustee is only responsible for maintaining records and accounts for the aggregate assets of the PARS Trust Program. The responsibility for Plan level accounting for each separate Agency Trust within the Omnibus Account shall be that of the Trust Administrator (Phase II Systems.) 2.8 8. LIABILITY OF MEMBER AGENCY FOR PAYMENT Prior Trust All benefits payable pursuant to the plan shall be paid out of the assets of the Trust by the Trustee pursuant to the written direction of the of the Administrator. In directing the Trustee to make distributions the Administrator shall follow the provisions of the plan. In no event shall the Trustee have any responsibility respecting the application of such distributions, nor for determining or inquiring into whether such distributions are in accordance with the Plan. 4.11 Restatement Neither the full faith and credit or the taxing power of each Member Agency is pledged to the distribution of benefits under the trust. Distributions of benefits are neither general or special obligations of any Member Agency but are payable only from the Assets of the Agency's Trust. 2.10 9. APPOINTMENT OF TRUSTEE Prior Trust The initial adopting Employers may appoint a Trustee. Any subsequent Trustee must be appointed by a two-thirds vote of the Participating Employers. 3.1 Restatement Two-thirds or more of the Member Agencies may appoint a Trustee. By executing the Adoption Agreement, an adopting Member Agency appoints the Union Bank of California as Trustee. 3.1 1 �c 4 0 4 2 10. RESIGNATION OF TRUSTEE Prior Trust Trustee may resign by giving the Administrator ninety days prior written notice. 3.5 Restatement Trustee may resign by giving ninety days prior written notice to the Trust Administrator and to each Plan Administrator of all participating Member Agencies. 3.3 11. REMOVAL OF TRUSTEE Prior Trust An adopting Employer may remove the Trustee by giving at least ninety days written notice to the Trustee and withdrawing from the PARS Trust. 3.5 Restatement The Member Agencies may, by a two-thirds vote, act to remove the Trustee. Upon such removal the Trustee is also removed as Trustee from each of the Agency Trusts. A Plan Administrator may remove the Trustee as Trustee of an Agency Trust by giving at least ninety days written notice to the Trustee and withdrawing from the PARS Trust Program. 3.2 12. PLAN ADMINISTRATOR Prior Trust Each adopting Employer shall designate an individual or position to serve as the Administrator. The Administrator shall act on behalf of the Employer in all matters relating to the Plan and Trust. 3.3 Restatement Each governing body of each Member Agency shall have plenary authority for the administration and investment of the Agency Trust. Each Member Agency shall by resolution designate a Plan Administrator. Unless otherwise specified in the instrument of appointment the Plan Administrator shall be deemed to have authority to act on behalf of the Member Agency in all matters relating to the Member Agency's 127 5 C 4 3 participation in the PARS Trust Program and in regard to the Agency Trust(s) of the Member Agency. Such appointment of a Plan Administrator shall be effective upon receipt and acknowledgment by the Trustee and shall be effective until the Trustee receives notice from the Member Agency that the appointment has been modified or terminated. If the agency fails to appoint an administrator or the appointment lapses the Member Agency shall be deemed to be the Plan Administrator. 3.4,3.5 13. APPOINTMENT OF DELEGATEE Prior Trust No provision. Restatement The Plan Administrator may delegate authority, powers and duties by a written instrument to a Delegatee. 3.6 14. DIRECTIONS TO THE TRUSTEE Prior Trust All directions from the Plan Administrator to the Trustee must be in writing. Direction includes any notice or instruction. 3.4 Restatement Except as provided in Section 5.18 "Participant Directed Accounts", all directions to the Trustee from the Plan Administrator or Delegatee must be writing and signed by the Plan Administrator or Delegatee. 3.8 15. CO -TRUSTEES Prior Trust Where there is more than one Trustee, a majority of such Trustees may make any decision. 3.6 Restatement No provision. 12,8 6 CA 4 16. ALTERNATE TRUSTEE Prior Trust No provision. Restatement A Member Agency may appoint a Trustee, other than the PARS Trust Trustee, as to a portion of the assets in the Agency by designating the Alternate Trustee on the Adoption Agreement and by specifying which assets shall be subject to the fiduciary management of the Alternate Trustee. 3.9 The Alternate Trustee shall be deemed to have all of the powers and duties and responsibilities specified in the PARS Trust Agreement for the PARS Trustee unless otherwise specified in the Adoption Agreement. 3.10 17. TRUST ADMINISTRATOR Prior Trust The Trust shall appoint a Trust Administrator to perform administrative services as deemed necessary by the Trustee, on behalf of, and at the direction of the Trustee. 3.7 Restatement The Member Agencies have appointed Phase I I Systems as Trust Administrator to serve as the record keeper of the PARS Trust Program and each Agency Trust and to perform the record keeping and administrative services specified in section 3.12. 3.12 Furthermore, the Trust Administrator shall be entitled to rely on, and shall be under no duty to question, direction and /or data received from the Plan Administrator, or other duly authorized entity, in order to perform its authorized duties under this Trust Agreement. 3.13 18. ADDITIONAL TRUST ADMINISTRATOR SERVICES Prior Trust No provision. 45 Restatement The Plan Administrator may retain the Trust Administrator as its agent to perform any acts, or perform services required by the PARS Trust Agreement or the Member Agency's Plan. The Trust Administrator shall be separately compensated for such services. 3.14 19. TRUST ADMINISTRATOR'S COMPENSATION Prior Trust No provision. Restatement The Trust Administrator will be paid reasonable compensation for its duties in an amount agreed upon from time to time by the Member Agency and the Trust Administrator. 3.15 20. RESIGNATION OR REMOVAL OF TRUST ADMINISTRATOR Prior Trust The Trust Administrator may resign at any time by giving at least 120 days written notice. The Employers, by a two-thirds vote, may remove the Trust Administrator by giving at least 120 days written notice to the Trust Administrator and the Trustee. 3.8 Restatement The Trust Administrator may resign at any time by giving at least 120 days written notice to each Member Agency. The Member Agencies, by a two- thirds vote or greater, may remove the Trust Administrator by delivering, at least 120 days prior to the effective date of such removal, written notice to the Trust Administrator and to the Trustee. 3.16 21. GENERAL AUTHORITY OF TRUSTEE Prior Trust General Authority for the specified activities over the assets held in the Trust is given to the Trustee. 4.10 130 8 G4G Restatement General Authority for the specified activities over the assets held in the Trust is given to the Trustee. 4.1, 4.2 22. CUSTODIAL POWERS OF TRUSTEE Prior Trust No provision. Restatement If an Alternate Trustee is appointed, Union Bank of California, N.A. (the "Bank") as Custodian, shall have only the responsibilities listed. 4.3 23. INVESTMENTS/FIDUCIARY RESPONSIBILITY Prior Trust (a) Except as provided, the Administrator is the Fiduciary with respect to the authority and duty to direct the investment and management of the Trust Assets. 4.1(a) (b) The Employer may by resolution of its governing body, appoint the Trustee or an Investment Manager as the Investment Fiduciary with the authority and duty to direct the investment and management of all or any portion of the Trust Assets by following the procedures outlined. 4.1(a)(1)(2) Restatement (a) Except as provided, the Plan Administrator shall be the Investment Fiduciary. 5.1 (b) The Member Agency may by resolution appoint the Trustee or an investment manager as the Investment Fiduciary with the authority and duty to direct the investment and management of all or any portion of the assets of the Trust by following the procedures outlined. 5.2, 5.3 I 131 047 24. WHEN TRUSTEE IS NOT INVESTMENT FIDUCIARY Prior Trust When the Trustee is not the Investment Fiduciary, the Trustee is not liable for losses or unfavorable results arising from the Trustee's compliance with proper directions from the Plan Administrator made in accordance with the terms of the Plan and Trust. 4.1(c)(1) Restatement The Trustee shall not be the Investment Fiduciary and shall have no responsibility or authority for the investment and management of assets unless specifically designated as the Investment Fiduciary. 5.5 25. MAINTAINING RECORDS Prior Trust The Trustee shall maintain accurate records and detailed accounts of all investments, receipts, disbursements and other transactions hereunder. Such records shall be available at all reasonable times for inspection by the Administrator. 4.6 Restatement The Trustee shall maintain accurate records and detailed accounts of all investments, receipts, disbursements and other transactions hereunder at the PARS Trust Level. Such records shall be available at all reasonable times for inspection by the Trust Administrator. 5.12 26. STATEMENTS Prior Trust The Trustee shall render to the Administrator, as soon as practicable after each Plan Year, a statement of the Agency's accounts on the basis of the Trust's accounting period. 4.7 Restatement Periodically and within sixty days after the end of the PARS Trust's fiscal year, the Trustee shall render to the Trust Administrator a written account showing in reasonable summary the investments and other transactions r t 10 043 engaged in by the Trustee during the preceding fiscal year with respect to the PARS Trust. 5.13 27. EXCLUSIVE BENEFIT Prior Trust The assets of the Plan and Trust shall never inure to the benefit of the Employer and shall be held for the exclusive purposes of providing benefits to Participants in the Trust and their beneficiaries and defraying reasonable expenses of administering the Trust. The sole exception to the foregoing is a mistake of fact. 6.4 Restatement The Assets of the Agency Trust shall be held for the exclusive purpose of providing benefits to the participants and their beneficiaries of the Member Agency Plan and defraying reasonable expenses of the Plan and shall not be used or diverted to any other purpose. 5.15 28. SELF -DIRECTION OF INVESTMENTS Prior Trust No provision. Restatement The Member Agency may permit the Participants to self -direct the investments in their accounts. If investments are self -directed, neither the Trustee or the Trust Administrator shall be liable for investment losses. In order for the Member Agency to be relieved of investment fiduciary liability, the requirements of California Law including Section 53213.5 of the California Government Code must be met. 5.18 29. MULTIPLE FIDUCIARY RESPONSIBILITIES Prior Trust A fiduciary may serve in more than one fiduciary capacity. 5.1 Restatement A fiduciary may serve in more than one fiduciary capacity. 6.1 11 043 30. FIDUCIARY DISCHARGE OF RESPONSIBILITIES Prior Trust Except as otherwise provided in the Code, each Fiduciary shall discharge such Fiduciary's duties with respect to the Plan and the Trust solely in the interest of the Participants and Beneficiaries for the exclusive purpose of providing benefits to Participants and Beneficiaries and defraying reasonable expenses of administering the Plan with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like aims by diversifying the investments of the Plan and the Trust so as to minimize the risk of loss and to maximize the rate of return, unless under the circumstances it is clearly prudent not to do so. 5.2 Restatement Except as otherwise provided in the Code, each fiduciary shall discharge such fiduciary's duties with respect to the Plan and the trust solely in the interest of the Participants and beneficiaries for the exclusive purpose of providing benefits to Participants and beneficiaries and defraying reasonable expenses of administering the Plan. With the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like aims. By diversifying the investments of the Plan and the Trust so as to minimize the risk of loss and to maximize the rate of return, unless under the circumstances it is clearly prudent not to do so. 6.2 31. LIMITATIONS ON FIDUCIARY RESPONSIBILITY Prior Trust To the extent permitted by the Act: a) No Fiduciary shall be liable with respect to a breach of fiduciary duty by any other fiduciary if such breach was committed before such person became a fiduciary or after such person ceased to be a fiduciary. b) Each Fiduciary shall bear only such liability for breach of any fiduciary responsibility as is imposed by the Act and the inclusion in the Trust and the Plan of provisions comparable to those in the Act and/or the Code is intended for the information and guidance of the parties hereto and all fiduciaries and not to increase such fiduciaries' liabilities, responsibilities, I'?,, 12 Gr-0 duties and obligations by reason of such inclusion, except as required by the Act or the Code. 5.5(a)(b) Restatement To the extent permitted by applicable law: No fiduciary shall be liable with respect to a breach of fiduciary duty by any other fiduciary if such breach was committed before such party became a fiduciary or after such party ceased to be a fiduciary. No fiduciary shall be liable for a breach by another fiduciary unless the non -breaching fiduciary knowingly participates in such a breach, knowingly undertakes to conceal such breach, has actual knowledge of such breach and fails to take reasonable steps to remedy such breach. No fiduciary shall be liable for carrying out a proper direction from another fiduciary, including refraining from taking an action in the absence of a proper direction from the other fiduciary possessing the authority and responsibility to make such a direction, which direction the fiduciary in good faith believes to be authorized and appropriate. 6.3 32. OBLIGATION OF EMPLOYER TO INDEMNIFY Prior Trust The Employer shall indemnify and hold harmless the members of the governing body, the Administrator, the Trustee (except if Trustee is a bank, trust company or similar institution) and any other persons to whom any fiduciary responsibility with respect to this Trust and the Plan is allocated or delegated from, and against any and all liabilities, costs and expenses incurred by such persons as a result of any act, or omission to act, in connection with the performance of such persons' duties, responsibilities and obligations under the Trust, the Plan and under the Act, other than such liabilities, costs and expenses as may result from the negligence, gross negligence, bad faith, willful misconduct and/or criminal acts of such persons. 5.5(c) Restatement The Trustee shall not be liable for, and Member Agency shall indemnify, defend (as set out in 6.8 of the Trust Agreement), and hold the Trustee (including its officers, agents, employees and attorneys) and other Member Agencies and Alternate Trustees, harmless from and against any claims, demands, loss, costs, expense or liability imposed on they indemnified party, including reasonable attorneys' fees and costs incurred 13 Gil by the indemnified party, arising as a result of Member Agency's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under the Trust Agreement. 6.4 33. INDEMNIFICATION OF TRUSTEE BY MEMBER AGENCY Prior Trust The adopting Employer agrees to indemnify the Trustee against, and to hold the Trustee harmless from, all liabilities and claims (including reasonable attorneys' fees and expenses in defending against such liabilities and claims) against the Trustee as a result of any breach of fiduciary responsibility by a Fiduciary other than the Trustee unless the Trustee participates knowingly in such breach, knowingly undertakes to conceal such breach, has actual knowledge of such breach and fails to take reasonable remedial action to remedy such breach or, through its gross negligence in performing its own specific fiduciary responsibilities, has enabled such other fiduciary to commit a breach of the latter's fiduciary responsibilities. 5.6 Restatement The Trustee shall not be liable for, and Member Agency shall indemnify, defend (as set out in 6.8 of the Trust Agreement), and hold the Trustee (including its officers, agents, employees and attorneys) and other Member Agencies and Alternate Trustees, harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Member Agency's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under the Trust Agreement. 6.4 34. INDEMNIFICATION OF MEMBER AGENCY BY TRUSTEE Prior Trust The Trustee agrees to indemnify the Employer against, and to hold the Employer harmless from, all liabilities and claims (including reasonable attorneys' fees and expenses -in defending against such liabilities and claims) against the Employer as a result of any breach of fiduciary responsibility by a fiduciary other than the Trustee where the Trustee participates knowingly in such a breach, knowingly undertakes to conceal such breach, has actual knowledge of such breach and fails to take reasonable action to remedy such breach, or through its negligence in performing its own specific fiduciary responsibilities has enabled such other fiduciary to commit a breach of the tatter's fiduciary responsibilities. 5.7 136 14 G5? Restatement The Member Agency shall not be liable for, and Trustee shall indemnify, defend (as set out in 6.8 of the trust agreement), and hold the Member Agency (including its officers, agents, employees and attorneys) and other Member Agencies and Alternate Trustees, harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Trustee's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under the Trust Agreement. 6.5 35. INDEMNIFICATION OF TRUSTEE BY TRUST ADMINISTRATOR Prior trust No provision. Restatement The Trustee shall not be liable for, and Trust Administrator shall indemnify and hold the Trustee (including its officers, agents, employees and attorneys) harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Trust Administrator's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under the Trust Agreement. 6.6 36. INDEMNIFICATION OF TRUST ADMINISTRATOR BY TRUSTEE Prior Trust No provision. Restatement The Trust Administrator shall not be liable for, and the Trustee shall indemnify and hold the Trust Administrator (including its officers, agents, employees and attorneys) harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of the Trustee's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under the Trust Agreement. 6.7 15 137 CJ3 37. INDEMNIFICATION PROCEDURES Prior Trust No provision. Restatement Promptly after receipt by an indemnified party of notice or receipt of a claim or the commencement of any action for which indemnification may be sought, the indemnified party will notify the indemnifying party in writing of the receipt or commencement thereof. When the indemnifying party has agreed to provide a defense as set out above that party shall assume the defense of such action (including the employment of counsel, who shall be counsel satisfactory to such indemnitee) and the payment of expenses, insofar as such action shall relate to any alleged liability in respect of which indemnity may be sought against the indemnifying party. Any indemnified party shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of the indemnifying party unless (i) the employment of such counsel has been specifically authorized by the indemnifying party or (ii) the named parties to any such action (including any impleaded parties) include both the indemnifying party and the indemnified party and representation of both parties by the same counsel would be inappropriate due to actual or potential differing interest between them. The indemnifying party shall not be liable to indemnify any person for any settlement of any such action effected without the indemnifying party's consent. 6.8 38. NO JOINT AND SEVERAL LIABILITY Prior Trust No provision. Restatement This document is not intended to and does not create any joint powers agreement or any joint and several liability. No Member Agency shall be responsible for any contributions, costs or distributions of any other Member Agency. 6.9 39. PERMANENCY Prior Trust The Employer expects that the Trust will be continued indefinitely. 133 16 C. 5 =1 However, continuance of the Trust and Plan are not assumed as contractual obligations of the employer. The provisions of the Trust may only be amended as provided in the Trust. 6.1 Restatement Continuation of the Agency's Trust, participation in the PARS Trust Program and continuation of the Plan are not assumed as contractual obligations of the Member Agency. 7.1 40. RIGHT TO AMEND Prior Trust A two-thirds majority of the Employers shall have the right to amend the trust and to amend or cancel any amendment. 6.2(a) Restatement Same. 7.2(a) 41. FORM OF AMENDMENT Prior Trust Such amendments shall be in a writing executed by the amending party and the Trustee. 6.2(b) Restatement Trust Administrator must also execute the amendment(s). 7.2(b) 42. NO DIVERSION Prior Trust No amendment shall cause any of the assets of the Trust to be used for any purpose other than the exclusive benefit of Participants and paying the expenses of administering the Trust. 6.2(b)(1) Restatement Same provision. 7.2(b)(1) 139 17 C, J 43. NO RETROACTIVE EFFECT Prior Trust No amendment shall have any retroactive effect so as to reduce the Benefits of any Participant. 6.2(b)(2) Restatement Same 7.2(b)(2) 44. NO MODIFICATION OF POWERS Prior Trust No amendment shall change or modify the powers, duties or liabilities of the Trustee without its consent. 6.2(b)(4) Restatement Same 7.2(b)(3) 45. ASSETS FOR BENEFIT OF PLAN ONLY Prior Trust The assets of the Trust may not be used for the benefit of any other Plan of the Employer unless the Employer agrees to such use. 6.2(b)(5) Restatement Same. 7.2(b)(4) 46. TERMINATION Prior Trust The participating Employers have the right to terminate the PARS Trust by a unanimous vote of all Employers. 6.3 Restatement The PARS Trust may only be terminated by a unanimous vote of all Member Agencies. 7.7 140 18 C 5� T-,,df 4 4a" COUNCIL/RDA MEETING DATE: May 2, 2000 Adoption of the City's 2000-2001 Economic Development Plan RECOMMENDATION: Adopt the 2000-2001 Economic Development Plan. CHARTER CITY IMPLICANTS: None. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: None at this time. Staff will develop a specific implementation budget as part of the City's annual budget process. BACKGROUND AND OVERVIEW: The City Council reviewed and commented on the Draft 2000-2001 Economic Development Plan during the April 4th Study Session. The attached document (Attachment 1) incorporates Council Member modifications presented at that time. Adopting the Economic Development Plan will initiate preparation of a Plan implementation budget that will be presented to the Council as part of the City's annual budget process. Implementation activities will commence once the budget is approved. The attached Plan incorporates Council comments; specific modifications are as follows: • Boxes replaced the shading used to highlight points of interest throughout the Plan. • Section 2 — Liabilities. The infrastructure needs and limits on the amount of City/Agency financial resources liabilities were deleted. 1 44--, Section 3 — Business Plan — 2000-01 Implementation Activities - Marketing. The third bullet point activity was added that calls for expanding marketing support for existing and new businesses as part of the City's television and print media campaigns. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt the City's 2000-2001 Economic Development Plan; or 2. Do not adopt the Plan; or 3. Provide staff with further direction. Respectfully submitted, Mark Weiss Assistant City Manager Approved for submission by: r-� -9 z � � �Z- 4 /-,- �Z- � Thomas P. Genovese City Manager Attachment: 1. 2000-2001 Economic Development Plan City of La Quinta I Economic Development Plan K= City of La Quinn 784 9% Calle Tampico La Quinta, Calif+omia 92253 R Sp vac k Grow% hm 540 North Golden Circle, Suite 305 Santa Ana, California 92705 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@webrsg.com 143 Contents of This Document This document is organized as follows: 1) Introduction ■ Rationale for this Economic Development Plan ■ Participants in Formulating and Implementing this Plan 2) Resources, Opportunities, Liabilities and Needs ■ Community Profile ■ Key Assets ■ Liabilities ■ Projected Market Demand ■ Projected City/Redevelopment Agency Financial Resources for Economic Development ■ City/Agency Real Estate Assets ■ Infrastructure Needs/City Capital Improvement Program 3) Business Plan ■ Mission Statement ■ Implementation Policies ■ Accomplishments During Fiscal Year 1999-00 a) Highway 111 Corridor b) The Village c) KSL Recreation d) Annexation Feasibility e) Housing f) Marketing ■ 2000-01 Implementation Activities and Target Areas g) Highway 111 Corridor h) The Village i) Resort/Hospitality Opportunities j) Annexation Feasibility k) Housing 1) Marketing m) Recreation Opportunities APPENDIX Exhibit A: City/Agency Real Estate Assets Map 144 Section 200"1 Economic Dewlopment Plan Strategies and Tasks to Stimulate Private Investment in La Quinta _ The City of La Quinta is embarking on the fifth year of implementing an economic development agenda. To date, the City's economic development initiatives have - yielded two major home improvement retailers, an auto mall, and other restaurant and retail enterprises. The focus for the coming fiscal year is to balance the need to develop revenue -generating enterprises with the desire to attract quality development. The short-term gain realized from achieving revenue -generating uses, however, should not compromise the long-term necessity for quality development that withstands the test of time. This document outlines a vision and direction for the City's economic development activities. It presents the mission statement, implementation policies, projected resources, and business plan the City and the La Quinta Redevelopment Agency will follow to sustain a comprehensive economic development effort. Rationale for this Economic Development Plan The economic development process is the deliberate, judicious intervention in the _ local economy to foster a business climate that facilitates private investment. This process is neither exact nor fully predictable, and is more of an art than a science. Economic development is a dynamic, ever changing endeavor because it must constantly accommodate the evolving characteristics of the market place. Thus, the City annually reviews and updates this Economic Development Plan to ensure that it accommodates current market conditions, and equally as important, the community's collective vision as to how to facilitate these conditions. Finally, this enterprise parallels the activities associated with building a city; thus, this Plan embraces a long term rather than a short-term perspective. In 1996, the City of La Quinta adopted the first economic development plan that defined the community's vision for future development, and presented a business _ plan to guide the City's economic development initiatives. The City embarked on a planned, pro -active economic development effort for the following reasons: 1V ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN INTRODUCTION PAGE 2 Capture Forecasted Growth for the Coachella Valley Region A variety of market studies forecast significant growth for the Coachella Valley region during the next decade. Due to its location and available undeveloped land, the City is in a prime position to capture a sizable portion of the projected commercial, resort, and residential development through the active business expansion and recruitment efforts delineated in this Economic Development Plan. Balance Municipal Revenue and Expenditure Needs The City's primary revenue resources are transient occupancy and sales taxes; these revenues comprise 48% of City's General Fund revenue. Secondary resources are license/permit fees and property tax revenue. A majority of the City's property tax revenue, however, is allocated to the Redevelopment Agency. Approximately 88% of the land area within the City's corporate boundaries are in one of two redevelopment project areas. Combined, these resources maintain existing, and provide new, services to La Quinta's residential and business communities. Resort and commercial development generates a majority of the municipal revenues received by the City. In order to enhance and expand municipal services, the City and Redevelopment Agency must continue to enlarge the City's revenue base. Judiciously Allocate Municipal Resources Like any business, the City continually balances the allocation of financial _ resources between service costs and infrastructure investment. To prudently accomplish this task, the City annually implements a comprehensive strategic planning effort that meshes this Economic Development Plan with a Five Year Municipal Service Resource Allocation Plan, a Five Year Capital Improvement Program, Annual City/Agency Cash Flow Strategies, and Annual City/Agency Operating Budgets. Since 1994, the City has achieved many short- and long- term financial goals identified through the strategic planning effort. This Economic Development Plan identifies economic development investment strategies and initiatives that are subsequently funded through the annual City/Redevelopment Agency Capital and Operations budgets. 1� ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN INTRODUCTION PAGE 3 Participants in Formulating and Implementing this Plan This Economic Development Plan delineates initiatives that implement the community's vision of its desired destiny. This Plan outlines the policies, activities, and resources the City will pledge to guide and/or influence future development decisions. Thus, the primary participants in formulating and implementing this Plan are the residential and business communities that define La Quinta. When first developed, the City sponsored a series of community forums to solicit community input. The City continues to consult with these communities during the Plan's implementation phases. The City Council governs the formulation and implementation of this Plan. Council Members bring forth constituent ideas and needs, and assist with defining the issues, mission, strategy, and overall policies that guide implementation efforts. Finally, City staff plays a strategic role in this endeavor. Staff is charged with the responsibility to monitor market conditions, solicit community input, interface with existing and new users, implement programs and initiatives, and monitor achieved results. 14 �, ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN Section 200"1 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta This section presents the background data that was used in developing the Business Plan presented in Section 3; it includes a summary of key assets, presents an overview of projected market demand, delineates projected City/Agency resources, and outlines infrastructure needs. Community Profile - The City of La Quinta is located in the Eastern Central Coachella Valley; Indian Wells borders the City to the west, Indio to the east, and unincorporated - communities to the north and south. Located approximately 2 miles south of Interstate 10, primary access is via State Highway 111 and Washington Street. Historically, the City has been identified with the legendary La Quinta Resort and Club, the PGA West golf facilities, and the annual La Quinta Arts Festival. Today, La Quinta is capitalizing on continuing growth in the greater Coachella Valley. According to the California State Controller's Office, La Quinta has been the fastest growing city in the Valley since 1990. Further, La Quinta's average household income is $70,000, which is higher than the average household income for the Coachella Valley, Riverside County, and the State of California. In the context of the Coachella Valley, La Quinta enjoys an emerging population of new families. Average household size in La Quinta is 2.82 versus 2.65 Valley - wide; persons over the age of 65, historically the most recognized age group in the Valley, only comprise 18% of La Quinta's population. Key Assets Review of the City's physical characteristics and discussions with the residential and business communities identify the following key community assets: an educated, dedicated, and highly motivated residential and business - community that share a long history of working in concert to provide a stable environment that supports economic development efforts; 148 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITIES, LIABILITIES AND NEEDS PAGE 5 an international reputation for resort and golf amenities resulting from the La Quinta Resort and Club, PGA West, Rancho La Quinta, The Tradition, and other world class golf facilities; the Highway 111 commercial corridor features prime, vacant property of sufficient size to accommodate development that will serve the Eastern _ Coachella Valley and will generate significant financial returns for both the City and Agency; a major single land owner, KSL Recreation, who has the capital resources to _ develop significant resort, commercial and residential communities during the next 10 years; the Village of La Quinta, a low density commercial center nestled in the Santa _ Rosa Mountains, that offers a setting that is unparalleled in the Coachella Valley; La Quinta's commerce, art and cultural heritage as represented by the La Quinta Chamber of Commerce, La Quinta Arts Foundation and La Quinta Historical Society, that supports art and cultural activities attracting patrons from California and the greater southwest; the Lake Cahuilla Recreation Area which provides water sport and other outdoor recreation opportunities; continued strong residential development and sales activity that generates a significant number of households that support retail, recreation, and service commercial users; a highly motivated City workforce that understands the needs of the business community and the need to process required City approvals within a short time frame; and resources that the City/Agency can dedicate to economic development investment. Liabilities Though the assets far outweigh the liabilities, there are limitations that the City must account for when implementing its economic development initiatives; these include the following: increasing competition between Coachella Valley communities to provide _ financial incentives to major developers and users, which significantly influence their location decisions; and _ changing retailing trends that may decrease the need for traditional retail centers. I4 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITIES, LIABILITIES AND NEEDS PAGE 6 Projected Market Demand In January 1999, the Sedway Group submitted a market study that identifies demand for retail, office, hotel, golf course, industrial, commercial -recreation, and live -work housing uses. This section summarizes the study's significant findings. Copies of the entire Market Study are available in the City Manager's Office. Population Growth With the recovery of the Southern California region and a strong national economy, the Coachella Valley is undergoing renewed real estate development. Having recovered from the recession of the early 1990s, the Valley has an estimated five-year window (1999-2004) to capture strong cyclical demand, which is anticipated to moderate during the latter portion of this time frame. La Quinta is a relatively new market within the Coachella Valley. During the past 30 years, Valley growth has moved southeast from Palm Springs along the Highway 111 corridor, with the Valley's population center shifting from Palm Springs to Palm Desert. In 1980, La Quinta had a permanent population of only 4,000 residents or 3 percent of the Valley total. As of January 1999, La Quinta's _ permanent population totals about 21,763 or 8 percent of total Valley residents. During the 1990's, both the permanent and seasonal resident population growth has been strong in both the Coachella Valley and the City of La Quinta. In spite of national and regional recessions, the Valley and City annually added over 6,400 and 1,150 permanent residents, respectively. Seasonal residents annually increased by over 2,100 persons in the Valley, and by over 400 persons in La Quinta. The California State Department of Finance forecasts that the Coachella Valley will grow by approximately 90,500 persons to 364,000 by 2005, for an annual average addition of nearly 13,000 permanent residents. These forecasts clearly reflect a strong recovery from the 1990's recession. In addition, the figures reflect a tendency for aging seasonal residents to convert to permanent retired residents. Nevertheless, seasonal residents in the Coachella Valley are also expected to increase rapidly, adding 3,300 new residents per year for the next seven years for a projected 2005 seasonal population of 135,000. This forecast reflects a major increase in the rate of seasonal resident growth over the 1990's. The Sedway Group projects that La Quinta will annually add an average of 1,200 seasonal and 1,300 permanent residents during the next seven years. _ As an indicator of La Quinta's growing prominence in the Valley, since 1990 the City has accounted for 29 percent of the total residential permits issued in the Coachella Valley. La Quinta's prominence is further confirmed by the report from The Center for Continuing Study of the California Economy on the State's 25 _ fastest growing cities. Their analysis, based on factors such as population growth, retail sales tax receipts and assessed valuation growth, found La Quinta r- ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA� 50 APRIL 2000 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITIES, LIABILITIES AND NEEDS PAGE 7 - to be the fastest growing City in California during 1997. For the 1990 to 1997 period, La Quinta was the second fastest growing City in the State, while Palm _ Desert was number twelve. La Quinta Market Strengths The Coachella Valley economy is, and will continue to be, dominated by tourism and the second -home market for seasonal residents, and will become an increasingly popular home for affluent retirees. Within the Valley, La Quinta's strengths include the following: • the availability of sizable contiguous undeveloped parcels along the Valley's major thoroughfare, Highway 111; • strong historical and projected permanent and seasonal population growth; • a critical mass of major retailers (Eagle Hardware, Home Depot, Wal-Mart, the Centre at La Quinta Auto Mall) which establish La Quinta as a subregional y retailing destination; _ • relatively high average incomes; • a central location Within the Valley's growth areas; • a prime location relative to the Valley's higher income areas; • a prime location relative to major national events such as The Bob Hope Chrysler Classic,' as well as tennis tournaments and polo and golf events in adjacent communities (La Quinta also has major cultural events such as the - annual nationally 'recognized La Quinta Arts Festival); and _ • a positive image' with Valley residents and visitors alike, due to the City's charming setting and the long-established national and international reputations of the La Quinta Resort and Club, and PGA West. Development Potential The market potential of the land uses considered in the Sedway Group market study is discussed below. Strong Development Potential - The following land uses have immediate and strong development potential within La Quinta during the earlier portion of the next five- to seven-year time horizon: ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITIES, LIABILITIES AND NEEDS PAGE 8 - Subregional Retail. Sedway Group believes that La Quinta has strong potential to expand its role as a subregional retail center for the eastern central portion of the Coachella Valley. With substantial acreage along the prime Highway 111 frontage combined with a strong existing retail base as evidenced by the Wal-Mart, Home Depot, and Eagle Hardware stores, the City has the potential to play a strong subregional retailing role. Tenants who might be attracted in the near term include Staples, TJ Maxx, Marshalls, Ross Dress for Less, Burlington Coat Factory, Linen `n Things, Lamps Plus, Sears Homelife, Homestead House, Target, Sportmart, Old Navy, Nordstrom Rack, - and Borders Books. In addition, an upscale fresh produce grocer that would serve a subregional market could be supportable. To the extent possible, these tenants should build upon existing retail centers in order to maximize synergy, rather than creating new dispersed retailing within the corridor. Light Industrial/Business Park. A modest amount of light industrial space could be supportable in La Quinta, primarily to accommodate local service providers (e.g., landscapers, plumbers, contractors, etc.). Over the _ next five to seven years, an estimated 30,000 to 60,000 square feet could be captured in La Quinta. Mid -Priced Hotel. A small high -quality mid -priced hotel, providing limited _ services, would be supportable in La Quinta in the near term. This hotel should be between 100 and 150 rooms in size. However, neighboring cities are also competing for this segment of the market. Live-Work/Artist Studios. While live -work units would not be supportable without subsidy, Sedway Group believes they would experience substantial support, if developed with significant subsidy in the Village area. An interview with the La Quinta Arts Foundation disclosed that the Coachella Valley artists community is growing and vital, and that the potential exists to attract some of these artists to a conducive environment, building upon the Arts Foundation and its renowned arts festival, in La Quinta. For example, artists occupy a complex of studios located in four to five industrial buildings in Indio (according to the La Quinta Arts Foundation). The City would receive three benefits from such development: (1) satisfy its redevelopment agency _ affordable housing commitment; (2) firmly establish La Quinta's key position in the Coachella Valley art market; and (3) provide a modest stimulus to the _ development of the Village. _ Restaurants. As the population and visitor volumes in La Quinta and _ Indian Wells reach a critical mass, there will be more support for a cluster of restaurants in the eastern central Valley. Sedway Group believes that La Quinta is well positioned to capture a greater share of this market. The frontage along Highway 111 provides an ideal setting for a restaurant cluster _ that would provide synergies between the restaurants. Within the next five to seven years, Sedway Group forecasts a demand for about five new �ip ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITIES, LIABILITIES AND NEEDS PAGE 9 - restaurants, ranging from 3,500 to 9,000 square feet in size, or between 25,000 and 30,000 square feet total. Restaurants should include a mixture of family, popular new concept (e.g., Mimi's Cafe, Macaroni Grill, Gordon Biersch, etc.), and dinner house facilities. Moderate Development Potential Land uses that have limited immediate potential, but have development potential within a five- to seven-year planning horizon are as follows: Resort Hotel/Golf Course. Within the next five to seven years the Coachella Valley should be able to support its first new four- to five-star hotel construction in many years. Sedway Group forecasts the potential for 800 to _ 1,000 rooms during this period, representing approximately a 7 percent increase in supply.' While a number of hotels are planned, Sedway Group believes that La Quinta is well positioned to capture some of this demand. La Quinta's unique setting in the coves of the mountains provides an ideal and _ protected setting for resort development. Assuming restrained development in other cities, Sedway Group recommends the development of a high -quality five-star 300- to 400-room resort hotel of a Four Seasons quality, which could be accommodated on a high -amenity site such as within The Ranch development proposed by KSL.2 In addition, the potential for a boutique spa and fitness hotel of between 125 and 150 rooms, similar to the Canyon Ranch in Tucson, should be considered. Neighborhood Retail. Currently, neighborhood retail centers are over- supplied in La Quinta, with three grocery -anchored centers within the City, plus an additional center on its northern border. At least one existing center is performing quite modestly. With the projected population growth, however, additional centers can be supported. Within a five- to seven-year planning horizon, Sedway Group believes that an additional center will be supportable. We recommend that this center be positioned for success, by locating on a prominent intersection with a minimum 20-acre site. The Jefferson Street corridor is a prime candidate for a future neighborhood retail center location. Office Space. The demand for office space in the Coachella Valley is limited. Further, La Quinta faces strong competition from established, - centrally located office concentrations as found in Palm Desert. Nevertheless, Sedway Group forecasts demand for a modest amount of office space in the - mid-term, five- to seven-year time frame, primarily oriented to local services and as an alternative to home offices. Financial and medical services have - the greatest potential. To create an office project of an appropriate scale to achieve a suitable quality and image level for the La Quinta Highway 111 ' Based upon a total of 14,205 rooms in the Coachella Valley. 2 The Ranch development is near the intersection of Jefferson Street and Avenue 52. 153 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA __ APRIL 2000 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITIES, LIABILITIES AND NEEDS PAGE 10 corridor, Sedway Group recommends a cluster of architecturally distinctive buildings that can be added incrementally to accommodate growth. The phased office development should commence with multitenant buildings of approximately 7,500 square feet (that is divisible), with the first building coming on-line in roughly three years and the second in approximately five years, following area demand. As a critical mass of permanent residents is established, then a larger traditional building can be supported in the future. Public Golf Course. Currently, the La Quinta area is well supplied with private golf courses that are open for public play. In the future, as some of the large-scale communities reach buildout, these semiprivate golf courses will be taken private as their residents will generate sufficient play and a private course reinforces the prestige of the community. While some public play courses, such as Desert Willow and the Indian Wells Golf Resort, are of _ excellent quality, others are of modest quality. The Sedway Group feels a municipal golf course might be feasible within an approximately five-year time horizon and would be a significant asset to the City. Given the difficult economics of a public play golf course, feasibility will be dependent upon the ability to construct a good quality golf course at a modest cost, and hence will rely upon an opportunistic scenario. Sedway Group believes that the potential may exist to joint venture a golf course with a home builder, with the home builder contributing the land at no cost to the City, while the builder benefits from marketing fairway frontage lots. The economics could further benefit through the use of municipal bond or other public financing mechanisms. Minimal Development Potential Land uses that have minimal market potential for development within a five- to seven-year planning horizon are as follows: Regional Retail Center. Due to the strength and dominance of the existing Palm Desert Westfield Shopping Town, the Coachella Valley population will need to reach at least 500,000 before an additional center could conceivably challenge the market leader. Such a population level could be achieved within a 10- to 15-year period. At that time, La Quinta should be well positioned to attract this center, given its central location within the eastern central Coachella Valley and its emerging concentration of retailing. In order to capture this center, however, a minimum site area of 100 acres would need to be reserved, preferably along the Highway 111 frontage. Cinemas. The market potential for cinemas in La Quinta is quite limited. In addition to the existing supply of theater screens, several additional cineplexes are anticipated. A 16-screen theater complex is open in Rancho Mirage at Monterey Marketplace. In addition, an IMAX theater has opened in 15<1 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITIES, LIABILITIES AND NEEDS PAGE 11 Cathedral City. As part of the Cathedral City town center "Pickfair" project, a 16-screen cineplex is also planned, with associated retail components. _ Finally, there is an eight -screen cineplex by Resort Theaters under construction at One Eleven La Quinta Center. With this supply of cinema screens, substantial population growth will be required before more screens will be supportable. Nevertheless, some cinema operators may be willing to develop additional screens for strategic market -share, rather than market demand, reasons. " Family Entertainment Center. There is a broad array of family entertainment activities available in the Coachella Valley for a resident population base of 273,500 plus the seasonal resident and tourist market segments. The Coachella Valley appears to have its potential met with these venues, which include miniature golf, arcades, batting practice cages, bumper boats, bowling, ice skating, water park, and other similar recreational related activities. The development of such uses is highly entrepreneurial and also tends to be cyclical, following current trends in terms of personal preferences. The demand for commercial recreation uses in the Valley does not warrant development of such facilities in La Quinta in the next five to seven years. Note: The aforementioned summary was derived from the January 1999 market study prepared by the Sedway Group. Please review the Sedway Group's entire market study for their complete market analysis. -- Projected City/Redevelopment Agency Financial Resources for Economic _ Development As part of its ongoing resource management effort, the City annually evaluates - City/Redevelopment Agency financial resources and identifies those resources that can be pledged to economic development initiatives. During the 2000-01 fiscal year, the City anticipates having up to $6.85 million available to invest in economic development activities. Approximately $1.65 million would be City General Fund revenue; $4.6 million Project No. 1 Redevelopment Fund revenue; and $600,000 Project No. 2 Redevelopment Fund revenue. These funds are basically one-time resources that will most likely not be renewed when expended. This is because these funds are capital that have been saved during the past 36 months. City/Agency Real Estate Assets Since 1983, the City and Redevelopment Agency have accumulated real estate assets as a result of major infrastructure projects or as part of the Agency's affordable housing efforts. Exhibit A, in the Appendix of this Plan, presents a map of the real estate assets owned by the City or Redevelopment Agency. The ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITIES, LIABILITIES AND NEEDS PAGE 12 City/Redevelopment Agency real estate assets currently available for economic development include Agency property located southeast of the intersection of Miles Avenue and Washington Street, 47th and Adams and 48th and Adams, and the City's holdings located at the top of the Cove. Infrastructure Needs/City Capital Improvement Program As part of the annual strategic planning effort the City conducts a comprehensive review of the community's infrastructure needs. The City is working to address the community's infrastructure needs through the Five -Year Capital Improvement Program. This program identifies both current year and projected five-year capital improvement needs and resources, and delineates an annual funding schedule for specific infrastructure projects. This Economic Development Plan is integrated with the Capital Improvement Program to ensure that the infrastructure impediments to specific economic development projects are addressed, or where possible, economic development project implementation activities mitigate site - specific capital improvement needs. ROSENOW SPEVACEK GROUP, INC. CITY OF LA OUINTA J 6' APRIL 2000 ECONOMIC DEVELOPMENT PLAN Section 200"1 Economic Developrnmt Plan Strategies and Tasks to Stimulate Private Investment in La Quinta In order to proceed with implementation activities, a business plan is required that presents a mission statement describing the intended outcome the community _ wishes to achieve, and the overall policies that will guide implementation activities. Finally, specific target areas and implementation efforts are detailed. - Mission Statement The mission statement the community formulated for this economic development effort is as follows: The mission of the Economic Development effort is to actively support the development and expansion of existing businesses, and to proactively recruit quality revenue - generating uses that diversify and expand the City's economic base, offer a variety of products and services, increase employment opportunities, enhance City/Agency fiscal resources, preserve and enhance La Quinta's unique environment, and contribute to the quality of life for La Quinta residents. _ Implementation Policies The following policies guide the City's Economic Development implementation efforts. They address resource and staffing commitments, annexation strategies, use of City assets, and refinement of City processes. These policies guide City staff as they pursue implementation initiatives. Active Participation in Economic Development - The City will actively implement economic development initiatives by committing resources to market development opportunities through direct contact with property owners, commercial and industrial enterprises, resort and lodging - operators, and developers. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 14 Financial Resources Commitment The City and Redevelopment Agency will annually dedicate funds to support economic development and infrastructure improvement activities. Strike Team _ A City staff strike team will be maintained comprised of the City Manager's Office and Community Development Department. The Team will be responsible for: (1) working with local businesses to assist, where feasible, with their expansion needs, (2) actively recruiting developers/users to locate in La Quinta, (3) _ coordinating both the City and Redevelopment Agency economic development efforts, and (4) working with City staff to continually upgrade the City's community - development, engineering and building inspection services. Business Retention/Expansion The Strike Team will work with the La Quinta Chamber of Commerce to identify and facilitate business development and expansion opportunities involving existing La Quinta businesses. Economic Base Diversification - Emphasis will be placed on pursuing opportunities that will dynamically diversify _ La Quinta's economic base to include a balance of retail, recreation, resort, and light manufacturing uses. City/Agency Private Project Investment -_ City/Redevelopment Agency financial investment will be primarily limited to underwriting infrastructure and municipal fee costs for projects that are determined to enhance overall City development and growth. City/Agency Return on Investment For commercial, industrial, or resort developments that require City/Redevelopment Agency investment to insure their economic viability, the City/Redevelopment Agency must achieve a minimum of a 12% to 15% cash on _ cash return, after City service costs are accounted for and by the third stabilized year of operation, in order to justify City/Redevelopment Agency investment. Further, City/Redevelopment Agency investment should be fully repaid within a 10-year period, with every attempt to achieve repayment within a 5- to 8-year period. 1$8 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 15 Private Project Investment - Financial Need _ For commercial, industrial, or resort development projects that request City/Redevelopment Agency financial investment, the City/Redevelopment - Agency shall find that off -site infrastructure improvements and municipal fee costs are so excessive that the project warrants public investment to underwrite some of these costs in order to generate sufficient returns to attract private investment. Environmental Compatibility In order to protect and enhance La Quinta's unique physical environment, all new development projects will be reviewed with added emphasis on their compatibility with their environmental setting to insure preservation of La Quinta's unique natural desert and mountain landscape. Regional Transportation Opportunities _ The City will pursue joint efforts with regional agencies that facilitate the expansion of rail and air transportation services, including the Desert Resorts Regional Airport, to support the transportation needs of La Quinta's resort, _ commercial, and other uses. Annexation Opportunities The City will aggressively pursue annexation opportunities that enhance its economic future and protect environmentally sensitive areas that are crucial to the La Quinta experience. These will include properties that: provide a window to Interstate 10, enhance resort and golf course development opportunities, accommodate commercial, industrial, and transportation uses, and protect _ environmentally sensitive areas and scenic vistas. Municipal Properties The City will pursue the timely sale and /or development of all City/Redevelopment Agency owned surplus property with uses that achieve a maximum return on the initial City/Redevelopment Agency investment. Recreation Opportunities The City will explore the feasibility of developing a municipal golf course or other recreational uses that are compatible with surrounding neighborhoods. Further, efforts will be made to develop a comprehensive trail system that links the recreation amenities at Lake Cahuilla and in the Santa Rosa Mountains with the City's residential and resort communities. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTAL APRIL 2000 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 16 Streetscape Improvements Future major arterial streetscape and median improvements will be designed to impart a sense of place and a feeling unique only to La Quinta so that residents, visitors and other travelers will experience a sense of arriving at a special destination when traveling to or through La Quinta. Highway 111 Corridor Land Use Diversification The City will encourage the development of commercial, service commercial, office, lodging and light industrial uses within the Highway 111 corridor to diversify the community's economic base. Staff Development City staff will continually work to refine and improve their skills as they relate to fulfilling the mission of the economic development plan and program while reinforcing the perspective that the City's economic survival depends on City staffs ability to serve the public in a courteous, efficient and knowledgeable manner. Prepare New and Update Existing Information Documents On an ongoing basis, City staff will prepare new, and update existing, promotional and community information documents for circulation to potential users and developers. d r; d ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 17 Accomplishments During Fiscal Year 1999-00 _ The Business Plan presented in the 1999-00 Economic Development Plan identified specific target areas and activities to accomplish during the fiscal year. The following summarizes the accomplishments by target area, as of March 2000. Highway 111 Corridor ■ Centre at La Quinta. The City provided funding assistance, pursuant to the Economic Development Plan, to underwrite the cost of various improvements to Highway 111 and Adams Street that facilitated the - development of three auto dealerships. These dealers opened in the Spring of 2000. The City continues to work with Stamko Development to gain additional auto dealers and "big box" retailers. ■ Miles/Washington Property. The City and Redevelopment Agency completed preliminary site planning and community input activities in the _ summer of 1999. These endeavors generated two conceptual land use plans. During the fall of 1999 the Agency circulated a request for development proposals; three responses were received. The three submittals included mid -priced hotel and restaurant uses. The Agency has entered into an exclusive negotiating agreement with one of the hotel development companies. ■ City Identification Entrance Monuments. City identification entry monuments were constructed on Highway 111 at the western entry point at Point Happy, and the eastern entry point at Jefferson Street. ■ Marketing Highway 111 Properties. City staff continued to work with Highway 111 property owners to jointly pursue marketing opportunities. This included promoting development opportunities at the May 1999 International Council of Shopping Centers, working with property owners to address _ impediments to development, and facilitating development proposal entitlement needs. ■ La Quinta Corporate Center. The City approved a specific plan for a project consisting of resort, light industrial, governmental (post office), and retail uses. Staff is working with the Corporate Center to market this property. ■ Internet Marketing. The City updated the City's website, www.la- quinta.orq, to include a map and property profiles for the Highway 111 corridor properties. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE IS The Village ■ Infrastructure Improvements. The City and the Coachella Valley Water District concluded design of street, storm drain, utility, and water/sewer improvements for the Village commercial district. Efforts are now underway to form an assessment district to partially fund these improvements. If the assessment district is successfully formed, the scheduled improvements should be completed by Spring 2001. To improve regional access to the Village, the Agency and City have funded improvements to the Washington Street bridge. These improvements include additional travel lanes and related circulation improvements. ■ Civic Center Campus Phase 1. The City approved the concept plan _ that details passive recreation, public art, a future library, and lake amenity improvements for the Civic Center Campus. Construction will commence in the summer of 2000. ■ Village Streetscape Project. Construction of the demonstration streetscape improvements for Calle Estado are scheduled to commence in June 2000. These improvements entail creating a prototypical Village street theme, including streetlights, new sidewalk, curb, and gutter, and street construction and restriping. This project will cost $500,000, of which _ the entire amount will be funded through the Redevelopment Agency. Completion is anticipated by Spring 2001. ■ Commercial Property Improvement Program. In February 2000 the City adopted a conceptual rehabilitation grant program for Village commercial properties. Grants of up to $15,000 will be available to partially underwrite fagade, building, signage, parking and site landscaping improvement costs. Final approval will be in May 2000, with - funding available during fiscal 2000-01. _ ■ Live/Work Housing. The Agency has been working with a Los Angeles based live/work housing developer to define a loft housing development that caters to both artists and enterprises that seek live/work opportunities. Some of these units may be affordable to low and moderate income households, thus affording an additional opportunity for the Redevelopment Agency to achieve its affordable housing production requirements. ■ La Quinta Historical Museum. The Agency is completing the purchase of the La Quinta Historical Museum which is located in the Village. Operated by the La Quinta Historical Society, the Museum houses exhibits on La Quinta's cultural and historical heritage. This purchase will accommodate both facility and exhibit expansion. The _. museum attracts numerous residents and visitors to the Village. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 19 KSL Recreation ■ Site Planning Activities. City continued to work with representatives from KSL Recreation to refine their development plans for the Ranch _ Development. Discussions are centering on pursuing golf, lodging, and commercial uses. Annexation Feasibility ■ Desert Resorts Regional Airport Annexation. The City concluded a preliminary feasibility study for annexation of the Desert Resorts Regional Airport and Thermal areas. Community discussions are currently underway. _ ■ Bermuda Dunes. The City concluded a preliminary annexation feasibility analysis that evaluated Bermuda Dunes annexation opportunities. Community discussions are currently underway. Housing ■ La Quinta Housing Program. The Redevelopment Agency continues to implement the La Quinta Housing Program that funds second trust deed mortgages, residential rehabilitation loans, and the purchase of dilapidated dwellings. A total of 15 second trust deed loans were funded, _ allocated to 2 moderate income and 13 low-income households. The Agency funded 3 residential rehabilitation loans that facilitated new roof, heating/air conditioning, exterior painting and landscaping improvements. Further, the Agency purchased two dilapidated units in the Cove. One unit was demolished and the lot is being marketed for new home construction. The second unit has been rehabilitated and is marketed to low-income households. Additional dilapidated unit purchases are under - consideration. _ ■ Avenue 48/Jefferson Street Development. In September 1999 Catellus residential initiated marketing activities for the phase I single family homes. Twelve units have sold with sales pending on three additional units. The Agency is currently exploring options to increase the affordability of the senior units to increase the tax credit financing possibilities. This development _ involves the construction of 86 single-family and 118 multifamily senior rental dwellings on the Agency's holdings located at Avenue 48 and Jefferson Street. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 20 ■ Avenue 48/Adams Street Property. The RecreActions Group of Companies (RGC) submitted a specific plan to develop this property with an 125 unit senior oriented single family development. As submitted, sixty-five units would be market rate with the remaining 61 units affordable to moderate income senior households. Marketing ■ Infomercial and Commercials for Television. The City's marketing firm, Kiner/Goodsell Advertising, created a 14-minute infomercial, "La Quinta Means Business", featuring current and planned commercial development along Highway 111 and in the Village area. In addition, one thirty-second and three ten -second economic development commercials were created highlighting the benefits of locating a business in La Quinta. The infomercial and television commercials were aired locally in the Coachella Valley and regionally in Los Angeles and Orange Counties. - ■ Shop/Dine La Quinta Program. Last year's Dine La Quinta program was supplemented to include discounts at both retail establishments and restaurants. Kiner/Goodsell created a Shop/Dine La Quinta discount card with discounts at thirty-three shops and restaurants located in La Quinta. The Shop/Dine card was mailed to all La Quinta residents and was available to others at City Hall and the Chamber of Commerce. The program was advertised through a print ad, television commercial and radio commercial. ■ Construction Updates. In an effort to keep the residents and public informed of the construction caused by the infrastructure projects including the Washington Street Bridge, Washington Street and Jefferson Street widenings, _ as well as the upcoming Village area improvements, a direct mail construction update was mailed to all La Quinta residents, and a construction update ad was placed monthly in the Chamber of Commerce newsletter. In addition, a car wash contest was offered to offset inconvenience caused by the construction projects. ■ Live La Quinta Program. Kiner/Goodsell created the Live La Quinta program, a cooperative venture between the City of La Quinta and new home developers to promote the new home developments available in La Quinta. The campaign included a new home tour map in the Desert Sun newspaper, a television commercial, and a radio spot promoting the program. ■ Print Advertisements. Economic development print ads were placed in the Desert Sun's special millennium sections, the Bob Hope Program and the Southwestern edition of the Wall Street Journal. In addition, advertorials and photo spreads appeared in Palm Springs Life and the Builder/Architect Magazine. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 21 ■ Auto Centre at La Quinta and Resort Theaters Grand Openings. The City, in cooperation with the La Quinta business community, promoted the Auto Centre at La Quinta grand opening through posters in the _ businesses' windows and testimonial radio commercials. A dinner and a movie promotional program is planned for the opening of the theaters in June. ■ Economic Development Trade Show Booth. A new economic development trade show booth was designed and purchased for use at trade shows including the International Council of Shopping Centers Show, the Naftasho, the Date Festival, and the Business Expo. ■ City Web Site. The City continued to update and enhance the economic development portion of the web site including property profiles identifying available commercial sites along Highway 111, Jefferson Street, Washington _ Street, and Fred Waring Drive. The Village area property profiles are under development and will be added to the web site upon completion. ■ Other Marketing Initiatives. A tabloid brochure was created to display at the Palm Springs International and Desert Resorts Regional Airports, as well as to provide to those interested in development opportunities in La Quinta. The City created a parade float and participated in the Tamale Festival, Palm Desert Golf Cart, Coachella Christmas, and Date Festival Parades. Kiner/Goodsell distributed press releases on important issues and events happening in La Quinta. Staff also discussed with Chamber of Commerce and KSL representatives possible enhancements to the Mariachi Festival and the potential for a Bob Hope Chrysler Classic community breakfast. 16v ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN _ BUSINESS PLAN PAGE 22 2000-01 Implementation Activities and Target Areas The following initiatives will be pursued during the 2000-01 fiscal year. They are designed to continue efforts in the Highway 111 corridor and the Village, while initiating new endeavors involving the resort and hospitality industries. The Sedway Market Study indicates additional resort and hospitality use demand during the next 24 months. In addition, to direct property owner and users activities, the City and Agency will continue to pursue targeted community marketing activities and affordable housing efforts. Highway 111 Corridor Activities to Accomplish in . Market La Quinta development 2000-01: opportunities to sub -regional retail, hotel, and restaurant developers and users. This will include a direct marketing campaign; user/developer solicitation at the _ International Council of Shopping Centers (ICSC) convention in Palm Desert and Las Vegas; and working with corridor property owners and developers to jointly market development opportunities. • Conclude a disposition and development agreement with a mid -price hotel and restaurant operators for a portion of the Agency's Miles AvenueMashington Street property. The goal is to have this development underway by spring 2001. • Continue discussions with Highway 111 property owners regarding the development of their holdings. The Village Activities to Accomplish in *Complete the infrastructure improvements 2000-2001: that serve the Village. • Complete the demonstration streetscape improvement project for Calle Estado. • Enter into exclusive negotiations with a live/work housing developer for live/work and artist housing. 1 6,9 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 23 • Implement the commercial property rehabilitation grant program involving commercial and office properties. It is _ anticipated that 10 loans will be funded during the coming fiscal year. Resort/Hospitality Opportunities Activities to Accomplish in • Solicit proposals from resort and hospitality 2000-01: development companies that combine golf course and related recreation activities with _ resort and hospitality uses. As part of this package, the City would pursue affordable golf opportunities for La Quinta residents. Potential locations include private holdings in _ the southeast section of the City, or in the unincorporated area adjacent to the Desert Resorts Regional Airport. Annexation Feasibility Activities to Accomplish in . Conclude policy discussion regarding Desert 2000-01: Resorts Regional Airport and environs annexation opportunities. • Conclude policy discussion regarding annexing Bermuda Dunes. Housing _ Activities to Accomplish in . Conclude an affordable housing agreement 2000-01: for the development of the Agency's Avenue 48 and Adams Street property. . Purchase three dilapidated units in the Cove and initiate rehabilitation/reconstruction activities. • Complete the sale of the Avenida Madero/Calle Ensenada lot and sell the rehabilitated Avenida Rubio home to a low- income family. 16� ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 24 • Sell two units in the La Quinta Housing Program to very low income households. Marketing Activities to Accomplish in • Continue to circulate a targeted marketing 2000-01: package to advertise location opportunities. Continue to place ads regarding La Quinta location opportunities in business publications. Update the marketing packages and web site to include the most current City information. • Continue the Shop/Dine La Quinta and Live La Quinta advertising campaigns. • Expand marketing support for existing and new businesses as part of the City's television and print media campaigns. • Update the City's television infomercial and commercials that market La Quinta business opportunities locally and regionally. Research and install seasonal banners with poles along Washington and Jefferson Streets, as well as the Village areas to create a festive atmosphere. The seasonal banners will be displayed four times per year for approximately one month in duration. • Research and develop a site inventory and marketing strategy to attract filming of television and movies to La Quinta. MIR ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 25 Recreation Opportunities Activities to Accomplish in . Explore the feasibility of affordable golf 2000-01: options. Discussion to date with local developers indicate an interest in a joint - venture partnership with the City to locate City -owned but private sector operated golf course on City property, or City purchased property. Potential locations include the top of the Cove (the City retention basin), private holdings in the southeast section of the City, or in the unincorporated area adjacent to the Desert Resorts Regional Airport. S,9 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN Exhibit -A- 200"1 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA APRIL 2000 ECONOMIC DEVELOPMENT PLAN T4t!t 4 4 OgmAv AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 2, 2000 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Continued Consideration of a Resolution in Support of the Proposed National Monument Designation RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Per Council direction at the meeting of April 4, 2 000 (Attachment 1), the agreed upon Bill was submitted to the City by Ms. Linda Valter, from Congresswoman Bono's Office. This Bill was transmitted to the City Council prior to this meeting. Staff has noted on the agreed upon Bill (Attachment 2), the changes that were made to the Bill transmitted to the Council (Attachment 3). FINDINGS AND ALTERNATIVES The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the legislation and boundaries as prepared; or 2. Adopt a Resolution of the City Council approving the legislation and boundaries as modified; or 17415 P:\JERRY\ccjh-Monument.wpd 3. Do not adopt a Resolution of the City Council approving the legislation and boundaries as prepared; or 4. Provide staff with alternative direction. Respectfully subynitted, Jefry Herdnan mmunity Development Director Approved for submission by, (11'� Z24 Thomas P. Genovese, City Manager Attachment: 1. City Council Minutes of April 4, 2000 2. Agreed upon bill dated April 12, 2000 3. City Council staff report of April 4, 2000 PAJ ERRY\ccjh-Monument.wpd RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SUPPORTING. DESIGNATION OF THE SANTA ROSA AND SAN JACINTO MOUNTAINS AS A NATIONAL MONUMENT WHEREAS, Congresswoman Mary Bono has introduced HR 3676, a Bill establishing the Santa Rosa and San Jacinto Mountains National Monument Act of 2000; and, WHEREAS, the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 will encompass portions of Municipal boundaries of the City of La Quinta. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La Quinta, California, does hereby recognize the importance of protecting this magnificent and unique resource and supports HR 3676 which establishes the Santa Rosa and San Jacinto Mountains National Monument, and the boundaries around the City of La Quinta illustrated on the attached Map (Exhibit "A"), which shall be utilized to create the boundaries of the Monument in order to preserve the nationally significant biological, cultural, recreational, geological, and scientific values found in the Santa Rosa and San Jacinto Mountains, California, as an enduring legacy of our heritage, and to secure for future generations the opportunity to experience the magnificent vistas, wildlife, land forms, and natural and cultural resources in these mountains. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 2"d day of May, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California .174 00^fi C:\My Documents\WPDOCS\ResoCC National Monument.wpd City Council Resolution 2000- National Monument 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 C:\My Documents\WPDOCS\ResoCC National Monument.wpd N ATTACHMENT 1 City Council Minutes 3 April 4, 2000 BUSINESS SESSION 1. CONTINUED CONSIDERATION OF A RESOLUTION IN SUPPORT OF THE PROPOSED NATIONAL MONUMENT DESIGNATION, Community Development Director Herman presented a brief report as outlined in the staff report. In response to Council Member Henderson, Frank Cullen, of Congresswoman Bono's Office, advised some minor "more technical in nature" changes are expected to be in the mark-up next week. He added the language will accommodate the use of regulated motorized vehicles and the boundary map will be attached. Council Member Adolph was concerned about private rights of property owners and how the National Monument designation might affect future development. He noted the City has one of the most restrictive hillside ordinances in the Valley and did not want to see the Federal government supersede it. Mr. Cullen stated Congresswoman Bono is sensitive to those concerns but the Secretary of the Interior and Secretary of Agriculture will interpret the management of the area once it's designated as a National Monument. The National Monument designation is expected to be in place either by Congressional or Executive order by the end of the year. The intent of the proposed legislation is to address private property concerns in concert with preservation of the hillsides. In response to Council Member Sniff, Mr. Cullen stated he understood a fair level of compromise has been reached with all the relevant stakeholders and that they are satisfied. He agreed to forward the mark-up draft to Council as soon as it's available. Council Member Sniff suggested no action be taken until the final draft is completed. In response to Mayor Pena, Mr. Cullen advised the specific areas of concern seem to be interim management and restriction of developments already underway. He said although the Department of the Interior is not willing to codify that concern in the legislation's language, they are sensitive to it. The Secretary of the Interior has indicated he now feels a compromise can be reached and would most likely support the legislation. 177 City Council Minutes 4 . April 4, 2000 Katie Barrows of C. V. Mountains Conservancy, commended Congresswoman Bono's staff for their efforts. She pointed out the National Monument designation will provide potential for funding and a management plan for the mountain areas. Wayne Hancock, 55-920 PGA Boulevard, of KSL Land Corporation, stated he expects to be pleased with the final product but noted it's still a moving target at this time. KSL is opposed to a buffer zone and wants clear designation on what is in and out of the National Monument. Council Member Henderson agreed with taking no action until something more defined is available to look at. MOTION - It was moved by Council Members Sniff/Henderson to continue the issue of supporting the proposed National Monument designation until May 2, 2000. Motion carried unanimously. MINUTE ORDER NO. 2000-58. 2. CONSIDERATON OF COMMUNITY SERVICES GRANT REQUEST FROM THE MEALS ON WHEELS PROGRAM. Community Servi s Director Horvitz presented the grant request as outlined in . the staff report. MOTION - It was mov d by Council Members Perkins/Henderson to approve the Community Services G nt request for the Meals on Wheels program from the Special Projects Conting cy Account in the amount of $650. Motion carried unanimously. MINUTE 0 DER NO. 2000-59. 3. CONSIDERATION OF A RES01 PARTICIPATION IN ASSESS SEWER IMPROVEMENTS. N.APPROVING THE CITY'S BALLOTS FOR DISTRICT 2000-1, PHASE VI PUBLIC Public Works Director Vogt presente the proposed resolution as outlined in the staff report. In response to Audrey Ostrowsky, P. Box 351, Mayor Pena explained the proposed appropriation is for assessments n the properties owned by the City. 178 007) om enovese - revised monument bi age From: Walter, Linda" <Linda.Valter@mail.house.gov> To: "'tgenoves@la-quinta.org"' <tgenoves@la-quinta.org... Date: Wed, Apr 12, 2000 9:44 AM Subject: revised monument bill Here is the agreed upon bill. > <<HANSEN_078.PDF>> ATTACHMENT 2 '00 APR 12 PM 12 37 CITY OF LA QUINTA CITY MANAGER'S OFFICE F:\M6\HANSEN\HANSEN.078 H.L.C. AMENDMENT IN THE NATURE OF A SUBSTITUTE To H.R. 3676 OFFERED BY MR. HANSEN Strike all after the enacting clause and insert the following: 1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 2 (a) SHORT TITLE. —This Act may be cited as the 3 "Santa Rosa and San Jacinto Mountains National Monu- 4 ment Act of 2000". 5 (b) TABLE OF CONTENTS. —The table of contents of 6 this Act is as follows: See. 1. Short title; table of contents. Sec. 2. Establishment of Santa Rosa and San Jacinto Mountains National Monument, California. See. 3. Management of Federal lands in the National Monument. See. 4. Development .of management plan. See. 5. Existing and historical uses of Federal lands in eluded in Monument. See. 6. Acquisition of land. See. 7. Local advisory committee. See. 8. Authorization of appropriations. 7 SEC. 2. ESTABLISHMENT OF SANTA ROSA AND SAN 8 JACINTO MOUNTAINS NATIONAL MONUMENT, 9 CALIFORNIA. 10 (a) FINDINGS. —Congress finds the following: 11 (1) The Santa Rosa and San Jacinto Moun- 12 tains in southern California contain nationally sig- 13 nificant biological, cultural, recreational, geological, 14 educational, and scientific values. April 12, 2000 (11:1 S AM) F:W6\041200\041200.054 1. 180 00 F:\M6\HANSEN\HANSEN.078 H.L.C. 2 1 (2) The magnificent vistas, wildlife, land forms, 2 and natural and cultural resources of these moun- 3 tains occupy a unique and challenging position given 4 their proximity to highly urbanized areas of the 5 Coachella Valley. 6 (3) These mountains, which rise abruptly from 7 the desert floor to an elevation of 10,802 feet, pro- 8 vide a picturesque backdrop for Coachella Valley 9 communities and support an abundance of rec- 10 rational opportunities that are an important re- 11 gional economic resource. 12 (4) These mountains have special cultural value 13 to the Agua Caliente Band of Cahuilla Indians, con- 14 taining significant cultural sites, including village 15 sites, trails, petroglyphs, and other evidence of their 16 habitation. 17 (5) The designation of a Santa Rosa and San (eo`s4a 18 Jacinto Mountains National Monument by this Act 19 is not intended to impact upon existing or future 20 growth in the Coachella Valley. 21 (6) Because the areas immediately surrounding 22 the new National Monument are densely populated 23 and urbanized, it is anticipated that certain activi- 24 ties or uses on private lands outside of the National 25 Monument may have some impact upon the National April 12, 2000 (11:18 AM) F:W6\041200\041200.054 F:\M6\HANSEN\HANSEN.078 3 H.L.C. 1 Monument, and Congress does not intend, directly 2 or indirectly, that additional regulations be imposed 3 on such uses or activities as long as they are con- 4 sistent with other applicable law. 5 (7) The Bureau of Land Management and the 6 Forest Service should work cooperatively in the man- 7 agement of the National Monument, 8 (b) ESTABLISHMENT AND PURPOSES. —In order to 9 preserve the nationally significant biological, cultural, rec- 10 rational, geological, educational, and scientific values 11 found in the Santa Rosa and San Jacinto Mountains and 12 to secure now and for future generations the opportunity 13 to experience and enjoy the magnificent vistas, wildlife, 14 land forms, and natural and cultural resources in these 15 mountains and to recreate therein, there is hereby des- 16 ignated the Santa Rosa and San Jacinto Mountains Na- 17 tional Monument (in this Act referred to as the "National 18 Monument"). 19 (c) BOUNDARIES. —The National Monument shall 20 consist of Federal lands and Federal interests in lands lo- 21 cated within the boundaries depicted on the map entitled 22 "Boundary Map, Santa Rosa and San Jacinto National 23 Monument", dated , 2000. 24 (d) LEGAL DESCRIPTIONS; CORRECTION OF ER- 25 RORS.— April 12, 2000 (11:18 AM) F:W6\041200\041200.054 0 &J UU9 F:\M6\HANSEN\HANSEN.078 H.L.C. 4 1 (1) PREPARATION AND SUBMISSION.AS soon 2 as practicable after the date of the enactment of this 3 Act, the Secretary of the Interior shall use the map 4 referred to in subsection (c) to prepare legal descrip- 5 tions of the boundaries of the National Monument. 6 The Secretary shall submit the resulting legal de- 7 scriptions to the Committee on Resources and the 8 Committee on Agriculture of the House of Rep- 9 resentatives and to the Committee on Energy and 10 Natural Resources and the Committee on Agri- 11 culture, Nutrition, and Forestry of the Senate. 12 (2) LEGAL EFFECT. —The map and legal de- 13 scriptions of the National Monument shall have the 14 same force and effect as if included in this Act, ex- 15 cept that the Secretary of the Interior may correct 16 clerical and typographical errors in the map and 17 legal descriptions. The map shall be on file. and 18 available for public inspection in appropriate offices 19 of the Bureau of Land Management and the Forest 20 Service. 21 SEC. 3. MANAGEMENT OF FEDERAL LANDS IN THE NA- 22 TIONAL MONUMENT. 23 (a) BASIS OF MANAGEMENT. —The Secretary of the 24 Interior and the Secretary of Agriculture shall manage the 25 National Monument to protect the resources of the Na- t April 12, 2000 (11:18 AM)� F:W6\041200\041200.054 F:\M6\HANSEN\HANSEN.078 H.L.C. 5 1 tional Monument, and shall allow only those uses of the 2 National Monument that further the purposes for the es- 3 tablishment of the National Monument, in accordance 4 with- 5 (1) this Act; 6 (2) the Federal Land Policy and Management 7 Act of 1976 (43 U.S.C. 1701 et seq.); 8 (3) the Forest and Rangeland Renewable Re- 9 sources Planning Act of 1974 (16 U.S.C. 1600 et 10 seq.) and section 14 of the National Forest Manage- 11 ment Act of 1976 (16 U.S.C. 472a); and 12 (4) other applicable provisions of law. 13 (b) ADMINISTRATION OF SUBSEQUENTLY ACQUIRED Q 14 LANDS. —Lands or interests in lands within the bound- Cleo" 2v 15 aries of the National Monument that are acquired by the 16 Bureau of Land Management after the date of the enact- 17 ment of this Act shall be managed by the Secretary of 18 the Interior. Lands or interests in lands within the bound- rt 4,14 le t Soo- 19 aries of the National Monument that are acquired by the of &Irt 20 Forest Service after the date of enactment of this Act shall J 21 be managed by the Secretary of Agriculture. 41 Qdlw��hist �` I Cep 22 (C) PROTECTION OF RESERVATION, STATE, AND PRI- U 23 VATE LANDS AND INTERESTS. —Nothing in the establish- 24 ment of the National Monument shall be construed as af- 25 fecting any property rights of any Indian reservation, any April 12, 2000 (11:18 AM) F:W6\041200\041200.054 184 oil F:\M6\HANSEN\HANSEN.078 H.L.C. 6 1 individually held trust lands, any other Indian allotments, 2 any lands or interests in lands held by the State of Cali- 3 forma, any political subdivision of the State of California, 4 any special district, or the Mount San Jacinto Winter 5 Park Authority, or any private property rights within the 6 boundaries of the National Monument. Establishment of 7 the National Monument shall not be construed to grant 8 the Secretary of the Interior or the Secretary of Agri- 9 culture any authority on or over non -Federal lands not 10 already provided by law, The authority of the Secretary 11 of the Interior and the Secretary of Agriculture under this 12 Act extends only to Federal lands and Federal interests 13 in lands included in the National Monument. 14 (d) EXISTING RIGHTS. —The management of the Na- 15 tional Monument shall be subject to valid existing rights. 16 (e) NO BUFFER ZONES AROUND NATIONAL MONU- 17 MENT.—Because the National Monument is established in? 18 a highly urbanized area, Congress does not intend- 19 (1) for the establishment of the National Monu- n 20 ment to lead to the creation of express or implied ��� ej 21 protective perimeters or buffer zones around the Na- 22 tional Monument; 23 (2) that an activity or use of and on private 24 lands up to the boundaries of the National Monu- 25 ment shall be precluded because of the monument April 12, 2000 (11:18 AM) F:W6\041200\041200.054 F:\M6\HANSEN\HANSEN.078 H.L.C. 7 1 designation, if the activity or use is consistent with 2 other applicable law; and 3 (3) that an activity or use of and on private 4 lands, if the activity or use is consistent with other 5 applicable law, shall be directly or indirectly subject 6 to additional regulation because of the designation of 7 the National Monument. 8 (f) AIR AND WATER QUALITY. —Nothing in this Act 9 shall be construed to change standards governing air or 10 water quality outside of the designated area of the Na- 11 tional Monument. 12 SEC. 4. DEVELOPMENT OF MANAGEMENT PLAN. 13 (a) DEVELOPMENT REQUIRED.— �lN' 14 (1) IN GENERAL. —Not later than 3 years after 15 of the date of enactment of this Act, the Secretary 16 of the Interior and the Secretary of Agriculture shall 17 complete a management plan for the conservation 18 and protection of the National Monument consistent 19 with the requirements of section 3(a). ` 20 (2) MANAGEMENT PENDING COMPLETION.—.`�� 21 Pending completion of the management plan for the 22 National Monument, the Secretaries shall manage 23 Federal lands and interests in lands within the Na- 24 tional Monument substantially consistent with cur- 25 rent uses occurring on such lands and under the 186 April 12, 2000 (11:1 S AM) L% F:W6W41200\041200.054 F:\M6\HANSEN\HANSEN.078 H.L.C. 8 1 general guidelines and authorities of the existing 2 management plans of the Forest Service and the 3 Bureau of Land Management for such lands, in a 4 manner consistent with other applicable Federal law. 5 (3) RELATION TO OTHER AUTHORITIES.—Noth- 6 ing in this subsection shall preclude the Secretaries, 7 during, the preparation of the management plan, 8 from implementing subsections (b) and 0) of section 9 5. Nothing in this section shall be construed to di- 10 minish or alter existing authorities applicable to 11 Federal lands included in the National Monument. 12 (b) CONSULTATION AND COOPERATION.- 13 (1) IN GENERAL. —The Secretaries shall pre- 14 pare and implement the management plan required 15 by subsection (a) in accordance with the National 16 Environmental Policy Act of 1969 (42 U.S.C. 4321 17 et seq.) and in consultation with the local advisory 18 committee established pursuant to section 7 and, to 19 20 21 22 23 24 25 the extent practicable, interested owners of private property and holders of valid existing rights located within the boundaries of the National Monument. Such consultation shall be on a periodic and regular basis. (2) AGUA CALIENTE BAND OF CAHUILLA INDI- ANs.—The Secretaries shall make a special effort to 04,1,J April 12, 2000 (11:18 AM) A 4 F:\V6\041200\041200.054 F:\M6\HANSEN\HANSEN.078 W H.L.C. 1 consult with representatives of the Agua Caliente 2 Band of Cahuilla Indians regarding the management 3 plan during the preparation and implementation of 4 the plan. 5 (3) WINTER PARK AUTHORITY. —The manage- 6 ment plan shall consider the mission of the Mount 7 San Jacinto Winter Park Authority to make acces- 8 sible to current and future generations the natural. 9 and recreational treasures of the Mount San Jacinto 10 State Park and the National Monument. Establish- 11 ment and management of the National Monument 12 shall not be construed to interfere with the mission 13 or powers of the Mount San Jacinto Winter Park 14 Authority, as provided for in the Mount San Jacinto 15 Winter Park Authority Act of the State of Cali- 16 forma. 17 (c) COOPERATIVE AGREEMENTS.— 18 (1) GENERAL AUTHORITY. —Consistent with the 19 management plan and existing authorities, the Sec- 20 retaries may enter into cooperative agreements and 21 shared management arrangements, which, may in- 22 clude special use permits with any person, including 23 the Agua Caliente Band of Cahuilla Indians, for the 24 purposes of management, interpretation, and re- U15 April 12, 2000 (11:18 AM) F:W6\041200\041200.054 F:\M6\HANSEN\HANSEN.078 H.L.C. 10 1 search and education regarding the resources of the 2 National Monument. 3 (2) USE OF CERTAIN LANDS BY UNIVERSITY OF 4 CALIFORNIA.—In the case of any agreement with the 5 University of California in existence as of the date 6 of enactment of this Act relating to the University's 7 use of certain Federal land within the National 8 Monument, the Secretaries shall, consistent with the 9 management plan and existing authorities, either re- 10 vise the agreement or enter into a new agreement as 11 may be necessary to ensure its consistency with this 12 Act and to ensure the continuation of the Univer- 13 sity's research and educational activities within the 14 National Monument. 15 SEC. 5. EXISTING AND HISTORICAL USES OF FEDERAL 16 LANDS INCLUDED IN MONUMENT. 17 (a) RECREATIONAL ACTIVITIES GENERALLY. —The 18 management plan required by section 4(a) shall include 19 provisions to continue to authorize the recreational use of 20 the National Monument, including such recreational uses 21 as hiking, camping, mountain biking, sightseeing, and 22 horseback riding, as long as such recreational use is con- 23 sistent with this Act and other applicable law. 24 (b) MOTORIZED VEHICLES. —Except where or when 25 needed for administrative purposes or to respond to an April 12, 2000 (11:18 AM) F:W6\041200\041200.054 ISO A6 F:\M6\HANSEN\HANSEN.078 11 H.L.C. 1 emergency, use of motorized vehicles in the National 2 Monument shall be permitted only on roads and trails des- 3 ignated for use of motorized vehicles as part of the man- 4 agement plan. 5 (c) HUNTING, TRAPPING, AND FISHING.- 6 (1) IN GENERAL. —Except as provided in para- 7 graph (2), the Secretary of the Interior and the Sec- 8 retary of Agriculture shall permit hunting, trapping, 9 and fishing within the National Monument in ac- 10 cordance with applicable laws (including regulations) 11 of the United States and the State of California. 12 (2) REGULATIONS. —The Secretaries, after con- 13 sultation with the California Department of Fish 14 and Game, may issue regulations designating zones 15 where, and establishing periods when, no hunting, 16 trapping, or fishing will be permitted in the National 17 Monument for reasons of public safety, administra- 18 tion, or public use and enjoyment. 19 (d) ACCESS TO STATE AND PRIVATE LANDS. —The 20 Secretaries shall provide adequate access to nonfederally m 21 owned land or interests in land within the boundaries of r�J\S 22 the National Monument, which will provide the owner of 23 the land or the holder of the interest the reasonable use 24 and enjoyment of the land or interest, as the case may 25 be. 100 �1 April 12, 2000 (11:18 AM) F:W6\041200\041200.054 F:\M6\HANSEN\HANSEN.078 H.L.C. 12 1 (e) UTILITIES. —Nothing in this Act shall have the 2 effect of terminating any valid existing right-of-way within 3 the Monument. The management plan prepared for the 4 National Monument shall address the need for and, as 5 necessary, establish plans for the installation, construe- 6 tion, and maintenance of public utility rights -of -way with- 7 in the National Monument outside of designated wilder- 8 ness areas. 9 (f) WATER RIGHTS.- 10 (1) NO RESERVATION OF WATER. —Nothing in 11 this Act, the management plan prepared for the Na- 12 tional Monument, or any action taken pursuant to 13 this Act or the management plan shall constitute ei- 14 ther an express or implied reservation of surface or 15 ground water. 16 (2) APPROPRIATION OR ADJUDICATION.—Noth- 17 ing in this Act shall prohibit the appropriation and 18 adjudication of water rights pursuant to the proce- 19 dural requirements and laws of the State of Cali- 20 forma as necessary to protect the purposes of the 21 National Monument. 22 (3) EFFECT ON VESTED OR DECREED 23 RIGHTS. —Nothing in this Act shall affect any vested ,()aJ, 24 absolute or decreed water rights in existence before, 25 on, or after the date of the enactment of this Act, fT- J �5.¢ 19 April 12, 2000 (11:18 AM) 018 F:W6\041200\041200.054 F:\M6\HANSEN\HANSEN.078 13 H.L.C. 1 including any water rights held by the United 2 States. 3 (g) MAINTENANCE OF ROADS, TRAILS, AND STRUC- 4 TUBES. —In the development of the management plan re- 5 quired by section 4(a), the Secretaries shall address the 6 maintenance of roadways, jeep trails, and paths located 7 in the National Monument. 8 (h) GRAZING. —The Secretaries shall issue and ad- 9 minister any grazing leases or permits in the National 10 Monument in accordance with the same laws (including 11 regulations) and executive orders followed by the Secre- 12 taries in issuing and administering grazing leases and per- 13 mits on other land under the jurisdiction of the Secre- 14 taries. 15 (i) OVERFLIGHTS. —Nothing in this 16 Act or the management plan prepared for 17 the National Monument shall be construed 18 to restrict or preclude overflights, including 19 low-level overflights, over lands in the Na- 20 tional Monument, including military and 21 general aviation overflights, that can be 22 seen or heard within the National Monu- 23 ment. Nothing in this Act or the manage- 24 ment plan shall be construed to restrict or 25 preclude the designation or creation of new April 12, 2000 (11:18 AM) F:\V6\041200\041200.054 F:\M6\HANSEN\HANSEN.078 H.L.C. 14 1 units of special use airspace or the estab- 2 lishment of military flight training routes 3 over the National Monument. However, 4 commercial low-level overflights which did 5 not exist as of February 16, 2000, are pro- 6 hibited. 7 0) WITHDRAWALS. —Subject to valid existing rights 8 as provided in section 3 (d), the Federal lands and inter- 9 ests in lands included within the National Monument are 10 hereby withdrawn from all forms of entry, appropriation, 11 or disposal under the public land laws, other than by ex- �l 12 change, that further the protective purposes of the Na- Ir`� 13 tional Monument or as provided in section 6(e), from loca- 14 tion, entry, and patent under the public land mining laws, 15 and from disposition under all laws pertaining to mineral 16 and geothermal leasing, and mineral materials. 17 SEC..6. ACQUISITION OF LAND. 18 (a) ACQUISITION AUTHORIZED; METHODS. —State, 19 local government, tribal, and privately held land or inter- 20 ests in land within the boundaries of the National Monu- 21 ment may be acquired for management as part of the Na- 22 tional Monument only by- 23 (1) donation; 24 (2) purchase from a willing seller; or 25 (3) exchange with a willing party. April 12, 2000 (11:18 AM) F:W6\041200\041200.054 Uti F:\M6\HANSEN\HANSEN.078 H.L.C. 15 1 (b) USE OF EASEMENTS. —To the extent practicable, 2 and if preferred by a willing seller, the Secretary of the 3 Interior and the Secretary of Agriculture shall use con- 4 servation easements to acquire interests in land in the Na- 5 tional Monument in lieu of acquiring land in fee simple 6 and thereby removing land from non -Federal ownership. 7 (c) VALUATION OF PRIVATE PROPERTY. —The 8 United States shall offer the fair market value for any 9 interests or partial interests in land acquired under this 10 section. 11 (d) INCORPORATION OF ACQUIRED LANDS AND IN- 12 TERESTS.—Any land or interest in lands within the 13 boundaries of the National Monument that is acquired by 14 the United States after the date of the enactment of this 15 Act shall be added to and administered as part of the Na- 16 tional Monument as provided in section 3(b). 17 (e) LAND EXCHANGE AUTHORIZATION. —In order to 18 support the cooperative management agreement in effect 19 with the Agua Caliente Band of Cahuilla Indians as of 20 the date of the enactment of this Act, the Secretary of 21 the Interior may, without further authorization by law, ex- 22 change lands which the Bureau of Land Management has 23 acquired using amounts provided under the Land and 24 Water Conservation Fund Act of 1965 (16 U.S.C. 4601- 25 4 et seq.), with the Agua Caliente Band of Cahuilla Indi- 194 April 12, 2000 (11:18 AM) o 2 l F:W6\041200\041200.054 F:\M6\HANSEN\HANSEN.078 16 H.L.C. 1 ans. Any such land exchange may include the exchange 2 of federally owned property within or outside of the bound- 3 aries of the National Monument for property owned by 4 the Agua Caliente Band of Cahuilla Indians within or out- 5 side of the boundaries of the National Monument. The ex- 6 changed lands acquired by the Secretary within the bound- 7 aries of the National Monument shall be managed for the 8 purposes described in section 2(b). 9 SEC. 7. LOCAL ADVISORY COMMITTEE. 10 (a) ESTABLISHMENT. —The Secretary of the Interior 11 and the Secretary of Agriculture shall jointly establish an 12 advisory committee for the National Monument, whose 13 purpose shall be to advise the Secretaries with respect to 14 the preparation and implementation of the management 15 plan required by section 4. 16 (b) REPRESENTATION. —To the extent practicable, 17 the advisory committee shall include the following mem- 18 bers: 19 20 21 22 23 24 April 12, 2000 (11:18 AM) F:\V6\041200\041200.054 (1) A representative with expertise in natural science and research selected from a regional college or university. (2) A representative of the California Depart- ment of Fish and Game or the California Depart- ment of Parks and Recreation. � `S e 19- tj22 F:\M6\HANSEN\HANSEN.078 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 H.L.C. 17 (3) A representative of the County of Riverside, California. (4) A representative of each of the following cit- ies: Palm Springs, Cathedral City, Rancho Mirage, La Quinta, Palm Desert, and Indian Wells. (5) A representative of the Agua Caliente Band of Cahuilla Indians. (6) A representative of the Coachella Valley Mountains Conservancy. (7) A representative of the local Sierra Club or, if no such representative is available, another recog- nized conservation organization. (8) A representative of the Building Industry Association. (9) A representative of the Winter Park Au- thority. (10) A representative of the Pinyon Community Council. (c) TERMS.— (1) STAGGERED TERMS. —Members of the advi- sory committee shall be appointed for terms of 3 years, except that, of the members first appointed, 1/3 of the members shall be appointed for a term of 1 year and 1/3 of the members shall be appointed for a term of 2 years. � 00 April 12, 2000 (11:18 AM) F:W6\041200\041200.054 F:\M6\HANSEN\HANSEN.078 In H.L.C. 1 (2) REAPPOINTMENT. —A member may be re- 2 appointed to serve on the advisory committee upon 3 the expiration of the member's current term. 4 (3) VACANCY. —A vacancy on the advisory com- 5 mittee shall be filled in the same manner as the 6 original appointment. 7 (d) QUORUM. = A quorum shall be 8 members of the 8 advisory committee. The operations of the advisory com- 9 mittee shall not be impaired by the fact that a member 10 has not yet been appointed as long as a quorum has been 11 attained. 12 (e) CHAIRPERSON AND PROCEDURES. —The advisory 13 committee shall elect a chairperson and establish such 14 rules and procedures as it deems necessary or desirable. 15 (f) SERVICE WITHOUT COMPENSATION. —Members 16 of the advisory committee shall serve without pay. 17 (g) TERMINATION. —The advisory committee shall 18 cease to exist on the date upon which the management 19 plan is officially adopted by the Secretaries, or later at 20 the discretion of the Secretaries. 21 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 22 There are authorized to be appropriated such sums 23 as are necessary to carry out this Act. o24 April 12, 2000 (11:18 AM) F.\V6\041200\041200.054 Bill Summary & Status Page 1 of 2 Bill Summary & Status for the 106th Congress NEW SEARCH I HOME I HELP ft. R.3676 Sponsor: Rep Bono, Mary (introduced 2/16/2000) Latest Major Action: 4/13/2000 House committee/subcommittee actions Title: To establish the Santa Rosa and San Jacinto Mountains National Monument in the State of California. Jump to: Tit es, Status, Committees, Related Bill Deter, Amen ments, Cosponsors, Summary TITLE(S): (italic ate a title or a portion o a bill . SHORT TITLE(S) AS INTRODUCED: Santa Rosa and San Jacinto Mountains National Monument Act of 2000 . OFFICIAL TITLE AS INTRODUCED: To establish the Santa Rosa and San Jacinto Mountains National Monument in the State of California. STATUS: (color indicates Senate actions) 2/16/2000: Referred to the House Committee on Resources. 2/22/2000: Referred to the Subcommittee on National Parks and Public Lands. 3/16/2000: Subcommittee Hearings Held. 4/13/2000: Subcommittee Consideration and Mark-up Session Held. 4/13/2000: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote. 2/22/2000: Referred to the Subcommittee on Forests and Forest Health. 2/22/2000: Executive Comment Requested from Interior. COMMITTEE(S)- Committee/Subcommittee: Activity: House Resources Referral Subcommittee on National Parks and Referral, Reporting Public Lands Subcommittee on Forests and Forest Referral Health http://thomas.loc.gov/cgi-bin/bdquery/z?d106:H...:@@@L&summ2=m 04/27/2000 198 o24A Bill Summary & Status Page 2 of 2 RELATED BILL DETAILS: ***NONE*** AMENDMENT(S): ***NONE*** COSPONSOR(S): ***NONE*** MOST RECENT SUMMARY: 2/ 16/2000--Introduced. Santa Rosa and San Jacinto Mountains National Monument Act of 2000 - Designates the Santa Rosa and San Jacinto Mountains National Monument in southern California, to be managed jointly by the Secretaries of the Interior and of Agriculture. Provides that nothing in the establishment of the Monument shall be construed as: (1) affecting Indian Reservations, individually held trust lands; Indian allotments, lands or interests in lands held by the State of California or its political subdivision, a special district, or the Mount San Jacinto Winter Park Authority, or private property rights within the Monuments boundaries; nor (2) granting the Secretaries authority on or over non -Federal lands not already provided by law. Requires the Secretaries to prepare a management plan for the conservation and protection of the Monument. Provides for the continued use by the University of California of certain Federal lands within the Monument (including other specified existing and historical uses). Authorizes the Secretary of the Interior, without further authorization by law, to exchange lands with the Agua Caliente Band of Cahuilla Indians for purposes of this Act. Requires the Secretaries to jointly establish an advisory committee for the Monument to advise them with respect to the preparation and implementation of the management plan. Authorizes appropriations. .t http://thomas.loc.gov/cgi-bin/bdquery/z?d106:H...:@@@L&summ2=m 04/27/2000 () 2 4 G FILE COP' ATTACHME TN3 AGENDA CATEGORY: BUSINESS SESSION; COUNCIL/RDA MEETING DATE: April 4, 2000 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Continued Consideration of a Resolution in Support of the Proposed National Monument Designation RECOMMENDATION: As deemed .appropriate by the City Council. FISCAL IMPLICATIONS: - 51M CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Per Council direction at the meeting of March 7, 2,000 (Attachment 1), Ms. Linda Valter, or Mr. Frank Cullen from Congresswoman Bono's Office will be present to answer any questions the Council may have. In addition, a written communication from the Coachella Valley Mountains Conservancy (Attachment 2) dated March 27, 2000, has been received and included as Attachment 2. A member of their staff will also be present to address the City Council. FINDINGS AND ALTERNATIVES The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the legislation and boundaries as prepared; or 2. Adopt a Resolution of the City Council approving the legislation and boundaries4 00 as modified; or o25 C:\My Documents\WPDOCS\ccjh-Monument.wpd 3. Do not adopt a Resolution of the City Council approving the legislation and boundaries as prepared; or 4. Provide staff with alternative direction. Respectfully submitted, )r Approved for submission by, Thomas P. Genovese, City Manager Attachment: 1. City Council Staff Report and Minutes of March 7, 2000 2. Coachella Valley Mountains Conservancy memo dated March 27, 2000 Z r of v2E C:\My Documents\WPDOCS\ccjh-Monument.wpd RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SUPPORTING DESIGNATION OF THE SANTA ROSA AND SAN JACINTO MOUNTAINS AS A NATIONAL MONUMENT WHEREAS, Congresswoman Mary Bono has introduced HR 3676, a Bill establishing the Santa Rosa and San Jacinto Mountains National Monument Act of 2000, and, WHEREAS, the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 will encompass portions of Municipal boundaries of the City of La Quinta. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La Quinta, California, does hereby recognize the importance of protecting this magnificent and unique resource and supports HR 3676 which establishes the Santa Rosa and San Jacinto Mountains National Monument, and the boundaries around the City of La Quinta illustrated on the attached Map (Exhibit "A"), which shall be utilized to create the boundaries of the Monument in order to preserve the nationally significant biological, cultural, recreational, geological, and scientific values found in the Santa Rosa and San Jacinto Mountains, California, as an enduring legacy of our heritage, and to secure for future generations the opportunity to experience the magnificent vistas, wildlife, land forms, and natural and cultural resources in these mountains. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 41h day of April, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California �?o n U27 C:\My Documents\WPDOCS\ResoCC National Monument.wpd City Council Resolution 2000- National Monument 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 v28 I C:\My Documents\WPDOCS\ResoCC National Monument.wpd �\ l �'i \y=t� •h1I. }, ���L�E\{■P1y����, ��'��fil��� 2}it dim R bt- 1,. �,� • s� all 1 1 r--�`.:��j��(/wa`rr'�� l�i������llByt��l��� �a .��)1, >r �• � i �iJ/ ATTACHMENT 1 City Council Minutes 15 March 7, 2000 8. CONTINUED CONSIDERATION OF A RESOLUTION IN SUPPORT OF THE PROPOSED NATIONAL MONUMENT DESIGNATION. Community Development Director Herman presented the staff report and stated the latest revisions to the legislation introduced on February 16, 2000, by Congresswoman Mary Bono as HR 3676 are contained in the staff report. After a brief discussion Council concurred they were not prepared to adopt a resolution of support at this time. MOTION - It was moved by Council Members Sniff/Henderson to continue the matter of support of the proposed National Monument designation to April 4, 2000, and direct staff to contact Congresswoman Bono's office to request a member of her staff who is familiar with the legislation to attend the April 4 meeting to address the Council's questions and concerns. Motion carried unanimously. MINUTE ORDER NO. 2000-49. 9. ONSIDERATION OF A REQUEST TO WAIVE THE REQUIREMENT FOR U ERGROUND ELECTRIC SERVICE WIRES AT 51-640 AVENIDA VELASCO. Comm ttY Development Director Herman presented the staff report outlining the reque by Mr. Brad Roy. Council Memb Sniff questioned the frequency of this type of request. Building & Safety Di ctor Hartung stated a limited number of these requests have been received wit only two having been presented to the Council. Mayor Peria wished to see this,type of request handled by .staff administratively, to which Mr. Hartung respondelllthat it would require an amendment to the ordinance. MOTION - It was moved by Council Me ers Sniff/Henderson to approve the request of Mr. Brad Roy to waive the r uirement of undergrounding the electrical conductors at 51-640 Avenida Vel co, which he claims would be unreasonable, impractical, and cause undue hards ' , and direct staff to prepare an ordinance amendment for Council's consideration allow staff discretionary authority to approve waivers of this type. Motio carried unanimously. MINUTE ORDER NO. 2000-50. T4&t 4 - vQ" FILE tort COUNCILIRDA MEETING DATE: March 7, 2000 ITEM TITLE: Continued Consideration of a Resolution in Support of the Proposed National Monument Designation As'deemed appropriate by the City Council. _ None. None. AGENDA CATEGORY: BUSINESS SESSION: a CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: This matter was continued by the City Council on January 18, 2000 to March 7, 2000. As staff received new draft legislation prior to the March 7" Council meeting, the matter was scheduled for the Council meeting of February 15'h. At that meeting, the City Council directed staff to monitor and review the Bill and return it to Council after it was introduced (Attachment 1). The legislation was introduced on February 16, 2000, by Congresswoman Mary Bono, as HR 3676 (Attachment 2). Staff has reviewed HR 3676 and provides the following information: 1. The Bill states, "This Act is not intended to impact upon existing or future growth of the Coachella Valley." (Section 2(5)(a)). 2. The Bill refers to a National Monument Boundary Map yet to be prepared. 3. The 'No Buffer Zone" subsection is still contained in the Bill (Section 3 (e)). CAMy Documents\WPDOCS\ccjh-Monument.wpd `) i, 4. The following words were inserted in the legislation that did not exist in the previous draft: "...and shall allow only those uses of the National Monument that further the purposes for the establishment of the National Monument,...". This wording is very broad and could allow unintended restrictions and regulations in the future and is inconsistent with Section 5 which covers, in detail, the uses of Federal lands included in the Monument (Section 3(a)). 5. A new subsection is included specifically adding language requiring the Secretaries of the Interior and Agricultural to consult with the Ague Caliente Band of Cahuilla Indians regarding the preparation and implementation of the Management Plan (Section 4(2)). 6. The interim period between the time the National Monument is created and the completion of a Management Plan requires the Secretaries to manage the lands in a manner substantially consistent with the current uses occurring at the date of the Act (Section 4(c)). 7. Motorized travel was eliminated for recreational uses in the Monument and a new clarification of when motorized travel would be permitted has been included (Section 5 (a)(b)). 8. The requirement to pay the "fair market value" to a seller was changed to offer the "fair market value" for acquisition of lands (Section 6(c)). 9. The Land Exchange Authorization was clarified to permit the exchange of federally owned property within or outside of the Monument for property owned by the Agua Caliente Band of Cahuilla Indians within or outside of the boundaries (Section 6(e)). 10. A new Section 8 was added authorizing the appropriation of money to carry out the Act. ' Staff has prepared the attached draft Resolution in support of the HR 3676 for Council consideration. Should the City Council recommend any wording changes, these should be identified in the final Resolution. . ► 1 p 0 0 F-A The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the legislation and boundaries as prepared; or 2. Adopt a Resolution of the City Council approving the legislation and boundaries as modified; or 207 A3 CAMy Documents\WPDOCS\ccih-Monument.wpd 3. Do not adopt a Resolution of the City Council approving the legislation and boundaries as prepared; or 4. Provide staff with alternative direction. Respectfully submitted, ;rynan nity Development Director Approved for submission by, Thomas P. Genovese, City Manager Attachment: 1. City Council Minutes of February 15, 2000 2. HR 3676 Legislation . 1 A4 CAMy Documents\WPDOCS\ccjh-Monument.wpd ATTACHMENT 1 City Council Minutes 7 February 15, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA Q TA, CALIFORNIA, PRELIMINARILY ADOPTING, CONFIRMING, AND AP OVING THE ENGINEER'S REPORT, AND APPOINTING THE TIME AND CE FOR HEARING PROTESTS TO IMPROVEMENTS IN PROP SED SESSMENT DISTRICT NO. 2000-01 (PHASE VI IMPROVEMENTS). It was moved by Council Members Hende Sniff 2000-09 as amended (removing second p rapj Motion carried unanimously. MOTION - It was moved by Council Meg dolph to approve the plans _ and specifications and to authoriz aff hase VI Improvements project. Mr. Vogt confirmed approval ' cul-d onfiguration in the Bottlebrush/Sa o area and n the tward Ho area. M -30. 2. CONTINUED CONSI ATIO F KS REQUEST THAT THE CITY OF LA QUINTA M ITS ON THE PROPOSED NATIONAL M ,`N , ENT D ION. Com evel irector Herman reported the February 9 draft legisla i , <. fined i report addresses the City's concern regarding the b he pr ed National Monument. ayor.Pena s 9. aking no action until Congresswoman Bono's Office has r submitted the nguage. Council con to Council Member Adolph, Mr. Herman advised the intent is for : regulations to take precedence over the National Monument. MOTION - It was moved by Council Members Sniff/Adolph to direct staff to continue monitoring the progress of the proposed National Monument legislation and agendize it for Council's consideration once the legislation is submitted. Motion carried unanimously. MINUTE ORDER NO. 2000-31. - �3� ATTACHMENT 2 106Tx CONGRESS He2D SEss10Re SESSION3676 To establish the Santa Rosa and San Jacinto Mountains National Monument in the State of California. IN THE HOUSE OF REPRESENTATWES _ FzHitt exr 16, 2000 — Mrs. Boi`o introduced the following bill; which was referred to the Committee on Resources A BILL To establish the Santa Rosa and San Jacinto Mountains National Monument in the State of California. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Cmugress assembled, 3 SECTION 1. SHORT ITIME; TABLE OF CONTENTS. 4 (a) SHORT TITLE —This Act may be cited as the 5 "Santa Rosa and San Jacinto Mountains National Monu- 6 meat Act of 2000". 7 (b) TABLE of CONTENTS. --The table of contents of 8 this Act is as follows: Sec. 1. short title; table of wittents. Sec. 2. Establishment of Santa Rowe and San Jacinto Mountains National Motmment, Califonria. Sec. 3. Management of Federal lands in tic National Monument. See. 4. Dcadopment of management plan. "1O v 3'7 2 Sec. 5. FAidning and historical uses of Federal lands included in Monument Sec. 6. Acquisition of land. Sec. 7. Local advisory committee. Soc. 8. Authorization of appropriations. 1 SEC. 2. ESTABLISHMENT OF SANTA ROSA AND SAN 2 JACUM MOUNTAINS NATIONAL MONUMENT, 3 CALIFORNIA. 4 (a) FINDINGS. --Congress finds the following. 5 (1) The Santa Rosa and San Jacinto Moun- 6 tains in southern California contain nationally sig- 7 nifieant biological, cultural, recreational, geological, 8 educational, and scientific values. 9 (2) The magnificent vistas, wildlife, landforms, 10 and natural and cultural resources of these moun- 11 tains occupy a unique and challenging position given 12 their proximity to highly urbanized areas of the 13 Coachella Valley. 14 (3) These mountains, which rise abruptly from 15 the desert floor to an elevation of 10,802 feet, pro- 16 vide a picturesque backdrop for Coachella Valley 17 communities and support an abundance of rec- 18 reational opportunities that are an important re- 19 gional economic resource. 20 (4) These mountains have special cultural value 21 to the Agua Caliente Band of Cahuilla Indians, con- 22 taining significant cultural sites, including village .IM W76 M 211 038 3 1 sites, trails, petroglyphs, and other evidence of their 2 habitation. 3 (5) This Act is not intended to impact upon ex- 4 isting or future growth in the Coaehelha Valley. 5 (b) ESTABLisHmENT AND PuRPosEs.-In order to 6 preserve the nationally significant biological, cultural, rec- 7 reational, geological, educational, and scientific values 8 found in the Santa Rosa and San Jacinto Mountains and 9 to secure for future generations the opportunity to experi- 10 ence the magnificent vistas, wildlife, landforms, and nat- 11 ural and cultural resources in these mountains, there is 12 hereby designated the Santa Rosa and San Jacinto Moun- 13 trans National Monument (in this Act referred to as the 14 "National Monument"). 15 (c) BouNDARIEs.—The National Monument shall 16 consist of Federal lands and Federal interests in lands lo- 17 cated within the boundaries depicted on the map entitled 18 "Boundary Map, Santa Rosa and San Jacinto National 19 Monument", dated 2000. 20 (d) LEGAL DESCRIPTIONS; CORRECTION OF ER- 21 RoRs. — 22 (1) PREPARATION AND SUBMISSION. —As soon 23 as practicable after the date of the enactment of this 24 . Act, the Secretary of the Interior shall use the map 25 referred to' in subsection (c) to prepare legal descrip- •mt W76 m 21n 4 4 1 tions of the boundaries of the National Monument. 2 The Secretary shall submit the resulting legal de- 3 scriptions to the Committee on Resources and the 4 Committee on Agriculture of the House of Rep- 5 resentatives and to the Committee on Energy and 6 Natural Resources and the Committee on Agri- 7 culture, Nutrition, and Forestry of the Senate. 8 (2) LEGAL EFFECT —The map and legal de- .9 scriptions of the National Monume-nT shall have the 10 same force and effect as -if included in this Act, ex 11 cept that the Secretary of the Interior may correct 12 clerical and typographical errors in the map and 13 legal descriptions. The map shall be on file and 14 available for public inspection in appropriate offices 15 of the Bureau of Land Management and the Forest 16 Service. 17 SEC. 3. MANAGEMENT OF FEDERAL LANDS IN THE NA- 18 TIONAL MONUMENT. 19 (a) BASIS OF MANAGEMENT. —The Secretary of the 20 Interior and the Secretary of Agriculture shall manage the 21 National Monument to protect the resources of the Na- 22 tional Monument, and shall allow only those uses of the 23 National Monument that further the purposes for the es- 24 tablislunent of the National Monument, in accordance 25 with- 9EM U76 M n j ON a- ;4. uo 5 1 (1) this Act; 2 (2) the Federal Land Policy and Management 3 Act of 1976 (43 U.S.C. 1701 et seq.); 4 (3) the Forest and Rangeland Renewable Re- 5 sources Planning Act of 1974; and 6 (4) other applicable provisions of law. 7 (b) DIVISION OF MANAGEMENT RESPONSIBUr 8 ITIES.-- 9 (1) ROLE OF SECRETARY OF THE INTERIOR.- 10 Federal lands and Federal interests in lands within 11 the National Monument that, as of the date of the 12 enactment of this Act, are administered by the Bu- 13 reau of Land Management shall continue to be man- 14 aged by the Secretary of the Interior, acting through 15 the Bureau of Land Management. Lands or inter- . 16 ests in lands within the National Monument bound- 17 aries that are acquired after the date of the enact- 18 ment of this Act, and abut lands administered by 19 the Bureau of Land Management, shall also be man- 20 aged by the Secretary of the Interior. 21 (2) ROLE OF SECRETARY OF AGRICULTURE.- 22 Federal lands and Federal interests in lands within 23 the National Monument that, as of the date of the 24 enactment of this Act, are included in the. National 25 Forest System shall continue to be managed by the •BR U70 TS 6 1 Secretary of Agriculture, acting through the Forest 2 Service. Lands or interests in lands within the Na- 3 tional Monument boundaries that are acquired after 4 the date of the enactment of this Act, and abut 5 lands administered by the Forest Service, shall also 6 be managed by the Secretary of Agriculture. 7 (3) ADMINISTRATION OF CERTAIN ACQUIRED 8 LANDS. —If it is unclear whether paragraph (1) or 9 (2) applies to lands or an interest in lands acquired 10 after the date of the enactment of this Act, the See- 1 1 retary of Agriculture and the Secretary of the Inte- 12 rior shall determine which Secretary shall be respon- 13 sible for the administration of the lands or interest. 14 W PROTECTION OF RESERVATION, STATE, AND PRI- 15 VATE LANDS AND INTERESTS. —Nothing in the establish- 16 meat of the National Monument shall be construed as af- 17 fecting any Lidian Reservation, any individually held trust 18 lands, any other Indian allotments, any lands or interests 19 in lands held by the State of California, a political subdivi- 20 sion of the State of California, a special district, or the 21 Mount San Jacinto Winter Park Authority, or any private 22 nr=p= rights within the —boundaries of the National 23 Monument. Establishment of the National Monument 24 shall not be construed to grant the Secretary of the Inte- 25 rior or the Secretary of Agriculture any authority on or •HR 306 M VI .Q W .n-tAA) CIS rCA 7 1 over non -Federal lands not already provided by law. The 2 authority of the Secretary of the Interior and the Sec- 3 retary of Agriculture under this Act extends only to Fed- 4 eral lands and Federal interests in lands included in the 5 National Monument. 6 (d) E% snm RIGHTS. —The management of the Na- 7 tional Monument shall be subject to valid existing rights. 8 (e) No BUFnR ZoNEs AxouNn NATIONAL MoNu- _ 9 MENT.—The Congress does not intend for -the designation 10 of the National Monument to lead to the creation of ex - II press or implied protective perimeters or buffer zones, 12 whether located Nvithiai or outside of the boundaries of the 13 National Monument. The fact that activities or uses of 14 land outside of the National Monument, which are con- 15 sistent with other applicable laws, can be seen, heard, or 16 smelled from land within the National Monument shall not 17 preclude such activities or uses up to the boundaries of 18 the National Monument. The Secretary of the Interior and 19 the Secretary of Agriculture may not use the existence of 20 the. National Monument to require a person or entity to 21 undertake or implement any exactions or mitigation meas- 22 ures to reduce the effect of such activities or uses so Ion YVAAJ 23 as such activities or usses_are consistent with other aDWica- 24 ble law. Nothing in this Act shall be construed to change -aax sus M 21 A2 0 1 standards governing air or water quality outside of the r7 2 designated area of the National Monument, 3 SEC. 4. DEVELOPMENT OF MANAGEMENT PLAN. 4 (a) DEvELoPMENT REQUIRED —The Secretary of 5 the Interior and the Secretary of Agriculture shall prepare 6 a management plan for the conservation and protection 7 of the National Monument consistent with the require- 8 ments of section 3(a). 9 (b) CONSULTATION AND COOPERATION.- 10 (1) IN GENERAL. —The Secretaries shall pre- 11 pare and implement the management plan required 12 by subsection (a) in accordance with the National 13 Environmental Policy Act of 1969 (42 U.S.C. 4321 14 et sea. and in consultation with the local advisory 15 committee established pursuant to section 7 and, to 16 the -extent ..practicable, interested owners of private 17 property and holders of valid existing rights located 18 within the boundaries of the National Monument. 19 Such consultation shall be on a periodic and regular 20 basis. 21 (2) AQUA CALIENTE BAND OF CAHUILLA INDI- 22 ANS.—The Secretaries shall make a special effort to 23 consult with representatives of the Agua Caliente 24 Band of Cahuilla Indians regarding the management .mz U76 M 217 Al 9 1 plan during the preparation and implementation of 2 the plan. 3 (3) WINTER PARK AUTHORITY. —The manage- 4 ment plan shall consider the mission of the Mount 5 San Jacinto Winter Park Authority to make aeces- 6 sible to current and future generations the natural 7 and recreational treasures of the Mount San Jacinto 8 State Park and the National Monument. Establish- 9 ment and management of the National Monument 10 shall not be construed to interfere with the mission 11 or powers of the Mount San Jacinto Winter Park 12 Authority, as provided for in the Mount San Jacinto 13 Winter Park Authority Act of the State of Cali- 14 forma. 15 (c) INTERIM MANAGEMENT.— Pending completion of 16 the management plan required by subsection (a), the Sec- 17 retaries shall manage Federal lands and interests in lands 18 within the National Monument in a manner substantially 19 consistent with the current uses occurring on such lands 20 as of the date of the enactment of this Act. 21 (d) COMPLETION; REVISION. —The Secretaries shall 22 complete the management plan required by subsection (a) 23 within three years after the date of the enactment of this 24 Act. The Secretaries may revise the management plan 25 thereafter as necessary, following consultation with rep- .HR Me M 218 A5 10 1 resentatives of various governmental entities and other 2 groups listed in subsection (b). 3 (e) COOPERATIVE AGREEMENTS.— �s✓ 4 (I) GENERAL AUTHORITY .—Consistent with the y�/ 5 management plan and a dstmg authorities, the Sec- 6 retaries may enter into cooperative agreements and 7 shared 'management arrangements, which may in- 8 clude special use permits, with any person, igeluding 9 the Agua Caliente Band of Cahuilla-Indians, for the 10 purposes of management, interpretation, and re - II search regarding the resources of the National 12 Monument. 13 (2) USE OF CERTAIN LANDS BY UNIVERSITY OF 14 CALIFORNIA.—Li the case of any agreement with the 15 University of California in existence as of the enact- 16 ment of this Act relating to the University's use of 17 certain Federal land within the National Monument, 18 the Secretary of the Interior shall, consistent with 19 the management plan and existing authorities, either 20 revise the agreement as may be necessary to ensure 21 its consistency with this Act or enter into a new 22 agreement to ensure the continuation of the Univer- 23 sity's and lands research and educational activities 24 within the National Monument. •HB U76 IH A h 11 1 SEC. 5. EXISTING AND HISTORICAL USES OF FEDERAL 2 LANDS INCLUDED IN MONUMENT. 3 (a) REcREATiONAL AcTrvlTtEs GENT LLY —The 4 management plan required by section 4(a) shall include 5 provisions to continue to authorize the recreational use of 6 the National Monument, including such recreational uses 7 as liking, camping, mountain biking, sightseeing, and 8 horseback riding, as long as such' recreational use is con- - 9 sistent with other applicable law. — 10 (b) MOTORIZED VEHICLES. --Except where or when 11 needed for administrative purposes or to respond to an r 12. emergency, use of motorized vehicles in the National 13 Monument shall be permitted only on roads and trails des- 1 ignated for use of motorized vehicles as part of the man- 15 agement plan. 16 (c) HUNTING, TRAPPING, AND PISHING.- 17 (1) IN GENERAL —Except as provided in para- 18 graph (2), the gecretary of the Interior and the Sec- 19 retary of Agriculture shall permit hunting, trapping, 20 and fishing within the National Monument in ac- 21 cordance -with applicable laws (including regulations) 22 of the United States and the State of California. 23 (2) REGULATIONS. —The Secretaries, after con- 24 sultation with the California Department of Fish 25 and Game, may issue regulations designating zones 26 where, and establishing periods when, no hunting, •H8 U76 M el 7 12 1 trapping, or fishing will be permitted in the National 2 Monument for reasons of public safety, administra- 3 tion, or public use and enjoyment. 4 (d) ACCESS To STATE AND PRmATE LANDS. —The 5 Secretaries shall provide such access to nonfederally 6 owned land or interests in land within the boundaries of 7 the National Monument as may be necessary to provide 8 the owner of the land or holder of the interest the use 9 and enjoyment of the land or interest, consistent with the "Al 10 management plan. 11 (e) .UTILITIES.—SuUiect to valid existing rights.. 12 nothing in this Act or the management plan required by 13 section 4(a) shall be construed to inhibit or curtail the 14 ability of Government agencies or public and private utility 15 companies to install, construct, and maintain public utili- 16 ties and infrastructure witlun the National Monument, 17 consistent with other applicable Federal and State laws. 18 (f) WATER RIGHTS. —Nothing in this Act, the man- 19 agement plan required by section 4(a), or any action taken 20 pursuant thereto, shall constitute either an express or im- 21 plied reservation of water. Nothing in this Act shall affect 22 any valid existing water right, including any Federal re- 23 served water right, in effect on the date of the enactment 24 of this Act or any water right hereinafter approved pursu- 25 ant to the laws of the State of California. •HR we M 13 1 (g) MAINTENANCE of RoADs, TRAILS, AND STRuc- 2 TURES.--in the development of the management plan re- 3 quired by section 4(a), the Secretaries shall address the 4 maintenanceof roadways, jeep trails, and paths located 5 in the National Monument. 6 (h) GRAZING. —The Secretaries shall issue and ad- 7 minister any grazing leases or permits in the National 8 Monument in accordance with the same laws (including 9 regulations) and executive orders followed by the Secre- 10 taries in issuing and administering grazing leases and per - II mits on other land under the jurisdiction of the Secre- 12 taries. 13 W OVERFLIGHTS. —Nothing in this Act or the man- 14 agement plan required by section 4(a) shall be construed 15 to restrict or preclude overflights, including low-level over- 16 flights, over lands in the National Monument, including 17 military, commercial, and general aviation overflights that 18 can be seen or heard within the National Monument. 19 Nothing in this Act or the management plan shall be con- 20 strued to restrict or preclude the designation or creation 21 of new units of special use airspace or the establishment 22 of military flight training routes over the National Monu- 23 ment. 24 0) MINERAL WITHDRAWAL. —Subject to valid exist- 25 ing rights as provided in section 3(d), the Federal lands -SR U76 m 14 I and interests in lands included within the National Monu- 2 ment are hereby withdrawn from all forms of entry, appro- 3 priation, or disposal under the public land laws, from loca- 4 tion, entry, and patent under the public land mining laws, 5 and from disposition under all laws pertaining to mineral 6 and geothermal leasing, and mineral materials. 7 SEC. 6. ACQUISITION OF LAND. 8 (a) ACQUISITION AUTHORIZED; METHODS. —State, 9 local government, Tribal, and privately herd land or inter- 10 ests in land within the boundaries of the National Monu- 11 meat may be acquired for management as part of the Na- 12 tional Monument only by- 13 (1) donation; 14 (2) purchase from a willing seller; or 15 (3) exchange with a willing party. 16 (b) USE OF EASEBIENTS --To the extent practicable, 17 and if preferred by a willing seller, the Secretary of the 18 Interior and the Secretary of Agriculture shall use con- 19 servation easements to acquire interests in land in the Na- 20 tional Monument in lieu of acquiring land in fee simple 21 and thereby removing land from non -Federal ownership. 22 (c) VALUATION OF PRIX ATE PROPERTY. —The _ I 23 United States shall offer tlne fair market value for any r 24 interests or partial interests in land acquired under this 25 section. elm M6 IH UJO 15 1 (d) INCORPORATION OF ACQUIRED LANDS AND IN- 2 TERESTS.—Any land or interest in lands within the 3 boundaries of the National Monument that is acquired by 4 the United States after the date of the enactment of this 5 Act shall be added to and administered as part of the Na- 6 tional Monument as provided in section 3(b). 7 (e) LAND ExcfIANGE AUTHORIZATION. —In order to 8 support the cooperative management agreement in effect 9 with the- Agua Caliente Band_of_Cahuilla Indians as of 10 the date of the enactment of this Act, the Secretary of 11 the Interior may, without further authorization by law, ex- change lands, which the Bureau of Land Management has 13 acquired using amounts provided under the Land and 14 Water Conservation Fund Act of 1965 (16 U.S.C. 4601- 15 4 et seq.), with the Agua Caliente Band of Calnuilla Indi- 16 ans. Any such land exchange may include the exchan 17 of fedeowned property* within or outside of the bound - 18 aries of the National Monument for property owned by 19 the_Agua Caliente Band of Cahuilla Indians within or out- 20 side of the boundaries of the National Monument. The ex- 21 changed lands acquired by the Secretary within the bound- 22 aries of the National Monument shall be managed for the 23 purposes described in section 2(b). .HR U7s M 2 n4. (151. 16 it " 4 1 SEC. ?. LOCAL ADVISORY CObIIHI1'I'EE. �, �� • ' `•' �Y 2 (a) ESTASLISIi=NT -The Secretary of the Interior 3 and the Secretary of Agriculture shall jointly establish an + U 4 advisory committee for the National Monument, whose 5 purpose shall be to advise the Secretaries with respect to 6 the preparation and implementation of the management 7 plan required by section 4. 8 (b) REPRESENTATION. —To the extent practicable, �t 9 the advisory committee shall consist of the -following mem- 10 bers: 11 (1) An individual with a recogniized background- 91L 12 in ecological restoration, research, and application, 13 selected from nominees submitted by the University 14 of California or the College of the Desert. 15 (2) A representative of the California Depart- 16 meat of Fish and (lame and a representative of the 17 California Department of Parks and Recreation. 18 (3) A representative of the County of Riverside, 19 California. 20 (4) A representative of each of the following cit- 21 ies: Palm Springs, Cathedral City, Rancho Mirage, 22 La Quinta, Palm Desert, and Indian Wells. 23 (5) A representative of the Agua Caliente Band 24 of Cahuilla Indians. 25 (6) A representative of the Coachella Valley 26 Mountains Conservancy. •HR M6 IH �2 17 1 (7) A representative of the local Sierra Club or, 2 if no such representative is available, another recog- 3 nized conservation organization. 4 (8) A representative of the Building Industry 5 Association. 6 (9) A representative of the Winter Park An- 7 thority. 8 (10) A representative of the Santa Rosa Moun- 9 tains Council. 10 (c) TExMs.- 11 (1) STAGGERED TERMs.—Members of the advi- 12 sory committee shall be appointed for terms of three 13 years, except that, of the members first appointed, 14 one-third of members shall be appointed for a term 15 of 1 year and one-third of the members shall be' ap- 16 pointed for a term of 2 years. 17 (2) REAPPOINTMENT. —A. member may be re- 18 appointed to serve on the advisory committee upon 19 the expiration of the member's current term. 20 (3) VACANCY. —A vacancy on the advisory com- 21 mittee shall be filled in the same manner as the 22 original appointment. 23 (d) QuoRum. A quorum shall be eight members of 24 the advisory committee. The operations of the advisory 25 -committee shall not be impaired by the fact that a member •HR U76 M l,51 18 1 has not yet been appointed as long as a quorum has been 2 attained. 3 (e) CHAIRPERSON AND PROCEDURES. —The advisory 4 committee shall elect a chairperson and establish such 5 rules and procedures as it deems necessary or desirable. G (f) SERVICE WITHOUT COMPENSATION. —Members 7 of the advisory committee shall serve without pay. 8 .sEC. s. AUTHORIZATION OF APPROPRImom 9 There are authorized to be appropriated such sums "11" c 10 as are necessary to carry out this Act. 0 •Ha MG IH 2. ti ,,51. ATTACHMENT 2 FROM : CV MOUWA I W CON 38WR CY PFCW W. W9 765 6251 Mar. 26 MW 06: MPM P1 COACHEL LA VALLEY MOUNTAINS CONSERVANCY State of Califomia In partnership to protect our mountain heritage • 4 1 via bcsirralh- To:. Jerry Herman CC: • Stan Sniff From: Bill Havert Date: 03/27100 Re: National Monument I understand that the Council .will have the National Monument bill. on its April 4 agenda. I want to provide you with an update of the Conservancy's current position.on the bill. On March 16; the Chair of the Conservancy's Governing Board presented the Conseavaucy's position to the House.Subcomnuttee on National Parks and Public Lands regarding BR.3673. The Conservancy supported the concept of designating the National. Monument, but expressed some reservations about the bill, and noted that we had not seen the map as proposed by Congresswoman Bono, and would reserve judgment on the boundaries. The Conservancy also expressed its hope that the Congresswoman and the Secretary of the Interior would work together to resolve various issues that would likely trigger a presidential veto. We continue to hope for this outcome: Later this week we hope to view the proposed boundary map. Either Katie Barrows or l wil 1 attend the Council meeting to provide an . update on our position and any progress made in addressing our issues. The following are the issues of concern to the Conservancy. Pane 6-7.'Section 3(e) = The last sentence in this section can be construed as contradicting the sentence preceding it. It would be preferable to delete the last sentence to avoid confusion. The -sentence preceding it seems to be the critical sentence to address the concerns of private property owners within the National Monument. Page 7. Section 3(c) - The language in this section differs from the language that had boon agreed upon by the Building Industry Association and the local Sierra. Club regarding buffer zones. It would seem to make sense to use language that both 45-480 POrt0la Ave. - Palm Desert, CA 92260 1 760-776.5026 • Fax 760-776.9698 � 2.s40 RECEIVED FROM:969 765 5251 P.61 March 27, 2000 environmental and development interests find acceptable. That language is: "The designation of this National Monument shall not crew not result in any type of protective perimeters or buffer Zones in or around the National Monument. The fact that any and all activities, uses, lighting and noise of any kind can be seen or heard from any area within the National Monument shall not, of itself, preclude such activities or uses on any non-federal land inside or adjacent to the National Monumea" This language may not be acceptable to interior. An alternative would be to use language that has been used successfullyin past federal legislation: "The Congress does not intend for the designation of this National Monument to lead to the creation of protective perimeters or buffer zones around this National Monument. The fact that activities or uses can be seen or heard from areas within the National Monument shall not, of itself, preclude such activities or uses up to the boundary of this National Monument" Pale 9; Section 4(c) - This section may be internally inconsistent with Section 56), which deals with withdrawing. lands from mineral entry as Section 4(c) implies that withdrawal from entry would not occur until after completion of the manrigemCat plan. More appropriate wording for this section might be: "Pending completion of the management plan required by subsection (a) the Secretaries shall manage federal lauds and interests in lands within the National Monument in a manner consistent with this Act and other applicable, Federal laws, including the San Bernardino National Forest Land and Resource Management Plan and the California Desert Conservation Area Plan_" PaM 11 - 14, _Section 5 - This section speaks to many different uses in the National Monument and is sometimes restrictive, sometimes permissive. The section is inconsistent in sometimes specifying that certain uses roust be consistent with other applicable law and in other cases not including this qualifier. Ibis can be construed to mom that in those instances this Act supersedes other Federal laws. It would be helpful to have an introductory section specifying that uses described in all subsections in Section 5 must be consistent with the purposes of this Act and with other applicable laws. Comments on some of the subsections are: (a) This subsection should clarify that the various recreational uses should be "consistent with the purposes of this Act" as well as consistent with other applicable law. (d) This subsection is too permissive and not in accord with standard language from other federal legislation. The word "adequate" should precede "access" in line 5 and the word "reasonable" should precede "use" in line 8. (e) This subsection is also too permissive. It would be more appropriate to address the need for utilities and infiastructure through the management plan and/or the normal procedures BLM and US>;S use to grant rights of way on federal lands. 2 5n �� 93-27-99 18:28 RECEIVED FROM:909 765 5251 P.62 March 27, 2OW (h) It is not clear what this subsection means in practice. Why not just say that grazing leases or permits are subject to all other applicable laws. (i) Language on overflights is needed to clarify that military overflights, commercial airline overflights, emergency rescue flights, etc. are not impacted by the National Monument designation, but the language in this subsection seems too permissive. It can easily be construed to mean that helicopter sightseeing tours flying at low altitudes would be perfectly compatible with the National Monument In terms of impacts on bighorn and trail users, such use does not seem compatible. The language needs to be refined to clarify what limited types of overflights are intended to be addressed by this section. (j) This section withdraws lands from disposal. While this is intended to ensure that federal land in the National Monument would not be exchanged and lose its protected status, it also would preclude land exchanges with the University of California, such as one currently proposed, or other land exchanges which would actually consolidate public ownership and resource protection w the National Monument Alternative wording to remedy this could be the addition of a clause at the and of the sentience (Page 14, line 7) brat states: "other than by exchange that fm1hers the protective purposes of the National Monument, or as provided for in section 6(c)." Section 6(e) specifically deals with an exchange agreement with the Agua Cahentc Band of Cahuilla Indians, EM 14, Section 6(bl - This section expresses a philosophical position that it is better for land not to be removed from non -Federal ownership and that, therefore, it is preferable to acquire conservation easements than fee simple title. In the San Jacinto and Santa Rosa Mountains, the Conservancy believes h is better public policy to acquire land in fee simple'to facilitate managemmt of those lands. If a Iandowner would only sell a conservation easement, that would be acceptable; but the preference would be to acquire in fee simple. Our experience has been that landowners are better off this way as well, since after selling the conservation easement interest, they have no usable economic interest left in the land. An additional concern is that the Appropriations Committee could use the language in this section to place a condition on LWCF appropriations that BIM should use the money to purchase conservation easements rather than fee simple. The Conservancy recommends that the section either be deleted, since BLM already has the authority to acquire conservation easements, or that the section be rewritten to state: "To the extent practicable and in the public interest, and if preferred by a willing seller, the Secretaries shall use conservation easements to acquire interests in land in the National Monument in lieu of acquiring land in fee simple." Page 14, Section 6!c) This section can be misconstrued to imply that BLM and USFS shall pay full price for land and not accept dona Toms or bargain sales. Further, the section doesn't indicate how fair market value is to be deterrnined Preferred language would be "The Secretaries, as required by federal law, shall pay no nwre n3Q a`l-1>7-nn 1R:26 RECEIVED FROM:999 765 5251 P-93 March 27, 2000 than fair market value as determined by an appraisal meeting Federalappraisal standards for any interests or partial interests in land acquired under this section." n31 4 058 FROM:909 765 6251 P-94 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 2, 2000 CONSENT CALENDAR: STUDY SESSION: Consideration of the Civic Center PUBLIC HEARING: Campus Artwork Proposals RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: At the January 18, 2000 City Council meeting, the City Council allocated $340,000 from the Art in Public Places fund to purchase art work for the Civic Center Campus project, as provided in Attachment 1. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the January 18, 2000 City Council meeting, the City Council approved the site amenities of the Civic Center Campus to include five artistic components: a bronze relief map depicting the original City of La Quinta boundaries at the time of incorporation; bridge railing enhancements; acknowledgment areas for celebrities, sports figures and veterans; a linear water feature; and pavement amenities, as provided in Attachment 1. At the March 7, 2000 City Council meeting, a Request for Qualifications was approved and sent out to 94 artists for possible submission of proposals for the Civic Center Campus. Six concepts were submitted for consideration: one bronze relief map, two bridge railing enhancements and four sculptures. At the April 13, Cultural Arts Commission (Commission) meeting, the Commission reviewed the proposals as submitted by the artists. Five of the six artists were in attendance to present their ideas and answer any questions the Commissioners had. 2 3 3- Due to amount of time required to evaluate the proposals, the Commission held a special meeting on Monday, April 17 to discuss the art work in further detail. The Commission would like to present the following recommendations for City Council consideration: ♦ Bronze Relief Map as submitted by Sandy Swan (Attachment 2) See page 19 of this report for a detailed map outline. Cost: Approximately $22,000. See page 23 of this report for the cost estimates on this project. (A marquette will be available at the City Council meeting for review) • Include Braille type to the major points of interest on the map and include a Braille legend • Set the map on a tapered base that allows wheelchair users to access the map without hitting the base • Include major streets, including the Cove street grid ♦ Bridge Railing Enhancements • Do not accept concepts proposed by Gene Montez-Flores (Attachment 3) See pages 32-33 of this report for details of this proposal Cost: Not Provided by the Artist • Do not accept concepts proposed by Gwen Hughes -Rick. Barber (Attachment 4) See pages 45-48 of this report for details of this proposal. Cost: Approximately $18,000, see page 50 of this report for the cost estimates on this project. (A marquette will be available at the City Council meeting for review) • Request additional proposals via a Request for Qualifications ♦ Acknowledgment Areas • Request additional proposals via a Request for Qualifications, as no proposals were submitted ♦ Linear Water Feature • Request additional proposals via a Request for Qualifications, as no proposals were submitted ♦ Pavement Amenities • Request additional proposals via a Request for Qualifications, as no proposals were submitted Additional projects that were submitted for consideration but not identified by the City Council as components of the Civic Center Campus include five sculptures: a fourteen foot sculpture as presented by Jennifer Johnson and Jim Taylor; a tower of cubes as presented by Bill Ware; a granite mural with bronze figures by Bill Ware, a ten foot diameter Cahuilla basket by Gwen Hughes and Patrick Keenan and a "Walk through Time" sculpture by Gwen Hughes and Rick Barber. S:\Community Services\CCReports\CC.044.wpd 233 aa2 The Cultural Arts Commission also would like to recommend four of the five listed sculptures to be considered for the Civic Center Campus project by the City Council: ♦ Jennifer Johnson and Jim Taylor Sculpture (Attachment 5) See pages 53- 55 of this report for details of this proposal. Cost: Approximately $17,000 per sculpture, see page 51 of this report for the cost estimates on this project. (A marquette will be available at the City Council meeting for review) • Mosaics included in the base to depict a historical aspect of the La Quinta area ♦ Tower of Cubes by Bill Ware (Attachment 6) See pages 73 and 85 of this report for details of this proposal. Cost: Approximately $22,000, see page 87 of this report for the cost estimates on this project. • Cubes to portray historical or memorial etchings or portraits ♦ Granite/Bronze Mural by Bill Ware (Attachment 7) See page 75 of this report for details of this proposal. Cost: Approximately $120,000, see page 87 of this report for the cost estimates on this project. • Figures to be three dimensional • Figures to be cast 125% of life size ♦ Basket by Gwen Hughes and Patrick Keenan (A marquette will be available at the City Council meeting for review) Cost: Approximately $15,000, see page 49 of this report for the cost estimates on this project. • Eight feet in diameter • Commission to work with the artist in choosing a pattern for the basket ♦ Walk Through Time by Gwen Hughes and Patrick Keenan (Attachment 8) (A marquette will be available at the City Council meeting for review) Cost: Approximately $90,000, see page 97 of this report for the cost estimates on this project. • Do not accept concept proposed for this project The combined cost of the projects, as submitted by the artists, and recommended by the Cultural Arts Commission is $196,000. Of this amount, the bronze relief map, at a cost of $22,000, is the only project that the City Council identified in the original Civic Center Campus art work projects. The additional $174,000 for the Civic Center Campus art pieces are projects recommended by the Commission for consideration although not requested by the City Council. The total cost of all the projects submitted for consideration equals $383,000. 234 003 S:\Community Services\CCReports\CC.044.wpd There are four components of art work the City Council requested be included in the Civic Center Campus project that will need to be re -addressed in a Request for Qualifications in the near future. These include the bridge railings, acknowledgment areas; a linear water feature; and pavement amenities. The total allocation for the Civic Center Campus art work is $340,000. Should the City Council accept the recommendations of the Cultural Arts Commission, the recommended art work total is $196,000, leaving a balance of $144,000 to complete the additional four components of the Civic Center Campus art work pieces as determined by the City Council. Should the City Council select one or more of the art pieces that exceeds the allocation of $340,000 for this project, additional funds are available through the Art in Public Places account that may be allocated for this project upon City Council approval. The current balance of the Art in Public Places fund is $118,782.87 The Commission has also requested that a Request for Qualifications be re -issued for the bridge railings, linear water feature, acknowledgment areas and pavement amenities. Also provided as a recommendation by the Commission is that the geyser contained in the lake be constructed with an artistic component included. The Commission has also requested that they be included in the final decision regarding the selection of bridges for the project. The Commission believes that the structural make-up of the bridge must be considered as a component of the artwork. Should the City Council select one or more of the art pieces, Professional Services Agreements (Agreements) will be drafted for final approval by the City Council. Once the Agreements are finalized, the artist will then work with Mr. Tom Dozci to ensure the art piece is completed as a component of the Civic Center Campus project construction plan. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Select one or more recommendations for the Civic Center Campus artwork proposals as submitted by the Cultural Arts Commission; or 2. Do not select one or more recommendations for the Civic Center Campus artwork proposals as submitted by the Cultural Arts Commission; or 3. Provide staff with alternative direction. 235 004 S:\Community Services\CCReports\CC.044.wpd Respectfully submit d, YV Do Horvitz, Com Services Director Approved for submission by: 2di�Lti� Thomas P. Genovese, City Manager Attachments: 1. City Council Meeting Minutes of January 18, 2000 2. Information submitted by Sandy Swan 3. Information submitted by Gene Montez-Flores 4. Information submitted by Gwen Hughes -Rick Barber 5. Information submitted by Jennifer Johnson -Jim Taylor 6. Information submitted by Bill Ware 7. Information submitted by Bill Ware 8. Information submitted by Gwen Hughes -Patrick Keenan 236 005 S:\Community Services\CCReports\CC.044.wpd ATTACHMENT 1 City Council Minutes 4 1. CONSIOWTION OF APPOINTMENT OF CITIZEN TO LIBRARY TEM ADVISORY COMMITTEE. City Clerk Greek Mhprted five letters of interest the next committee ting is scheduled for 4 January 18, 2000 COUNTY FREE been received and noted 20. Council Member Henderson meet. d the expertise of the applicants and suggested the possibility of the o' ee working also with the Library Zone Advisory Board. After a brief dis/�i concurre continue this item to February 1 and to invite thgive a brief pr ntation on their qualifications and backgroune them to atten a January 20 committee meeting. MOTION - It ouncil Members Sniff/Ado to continue the matter of Riverside Couny Free Library System Advis Committee appoint t to February 1, 2000. Motion carried unanimousl MINUTE ORD 0.2000-10. 2. CONSIDERATION FOR APPROVAL OF THE DETAILS OF THE SITE AMENITIES TO BE INCORPORATED IN THE CIVIC CENTER CAMPUS IMPROVEMENTS, PROJECT NO. 97-09. Public Works Director Vogt briefly outlined the history of the project and introduced Senior Engineer Freeland and Tom Doczi, of TKD Consultants, who then reviewed the proposed amenities as follows: Historical Plaza - includes a bronze relief map of the City, memorial for Mitchell Paige, rose garden, linear water features, enhanced paving, and drinking fountain. Council Member Sniff suggested three honors/recognition walls in the plaza to honor major contributors or significant visitors to the City. Council Member Henderson agreed but suggested three different components, veterans, sports, and arts, and placing them in three different areas of the campus. 237 006 City Council Minutes 5 January 18, 2000 Council Member Adolph questioned the need for the linear water feature so close to other water features in the campus. After a brief discussion, Council concurred to include the following in the Historical Plaza: a bronze relief map with original City limits; one of three honors/recognition walls as an art project with three components (veterans, sports, and arts) with the other two walls located near the proposed library and the Senior Center and possibly incorporating the memorial for Mitchell Paige); and raising the wall height of the linear water feature to 18-20 inches. Entry Plaza (3) - includes pilasters with urns, trees, benches, date palms, citrus trees, and enhanced pavers (will match those on Calle Estado) Council concurred on proposed amenities. Island - includes a gazebo, lush foliage, turf area, and two bridges with artistically -enhanced railing. Council Member Sniff suggested a few benches and artistic sculptures without losing the openness of the area. In response to Council Member Henderson, Mr. Freeland stated the open space on the island will accommodate approximately 270 people, adding the size of the gazebo has not been determined. Mayor Pena suggested the lush landscaping be kept at a low level for security purposes. Council concurred. Outdoor Stage - includes a shade canopy over a 40' X 20' raised concrete, "story teller" type stage in a semi -circle configuration. Council concurred on proposed amenities. Site Structures - includes two octagonal -style picnic shelters with three picnic tables each and five typical shade structures at various locations. A brief discussion ensued wherein Council concurred on the following: shade structures to be made of compatible materials; two arched bridges; and picnic shelters to be deferred to Phase 2 or 3. Playground Equipment - Council concurred to defer to Phase 2 or 3. 3 8 007 City Council Minutes 6 January 18, 2000 Desert Gardens - includes native plants and shrubs, full-scale statuaries of native wildlife, and native wildlife tracks in adjacent concrete walk path. Council Member Sniff suggested keeping it simple and elegant with flowers and less cactus. Council concurred to defer it to Phase 2. Exercise Areas (5) - to be Located along the walkways. Council Member Henderson suggested designing the walkway at a designated length for exercise purposes. Council agreed with the exercise areas. Enhanced Paving - included at entry plazas and certain areas of the walk path, along with dancing footsteps imprinted in the concrete as suggested by the Cultural Arts Commission. After a brief discussion regarding the "dancing footsteps" element, Mr. Vogt advised staff will bring back something from the Commission on their proposal, along with paver layout and color choices. Site Furnishings - includes benches, trash receptacles, and picnic tables. Council concurred on using the bench design made from recycled materials. Site Lighting - proposed bollard -style lighting is similar to that used on Highway 1 1 1 in front of Eagle Hardware. Council Member Sniff suggested dome top lighting with the light directed downward. Council concurred. Council Member Perkins suggested lighting in the gazebo for safety purposes. Rosita Shamis, of the Cultural Arts Commission, commented on the importance of including an historical theme in the campus design. Council Member Henderson suggested using the area opposite the bronze relief map for that type of information. 239 UO3 - City Council Minutes 7 January 18, 2000 MOTION - It was moved by Council Members Sniff/Henderson to approve the details of the site amenities as discussed to be incorporated into the Civic Center Campus Improvement Project 97-09 and authorize a budget transfer of $340,000 from the Art in Public Places Fund to the Civic Center Campus Improvement Project Fund. Motion carried unanimously. MINUTE ORDER NO. 2000-11. Council concurred to receive public comment at this time. PUBLIC COMMENT Seth Etinger, 78-720 Avenida La Fonda, inquired about the status of the Calle Rondo drainage channel project. Council referred him to staff. BUSINESS SESSION .......... continued 3. CONSIDERATION OF A RESOLUTION SUPPORTING PROPOSITION 12 (THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION ACT OF 2000) AND PROPOSITION 13 (THE SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION AND FLOOD PROTECTION ACT). Management Assistant Casillas briefly reviewed the history and funding expected from Proposition 12 (the Park Bond) and Proposition 13 (the Water Bond) as outlined in the staff report, noting Coachella is the only city so far to adopt a resolution. RESOLUTION NO. 2000-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SUPPORTING PROPOSITION 12, THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION ACT OF 2000, AND SUPPORTING PROPOSITION 13, THE SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION AND FLOOD PROTECTION ACT. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2000-03 as submitted. Motion carried unanimously. 240 UO3 ATTACHMENT 2 Section 1 - Cover Letter Enclosed please find my proposal for the Bronze Relief Map, to be installed as part of the La Quinta Civic Center Campus Project. My name is Sandy Swan. I have owned Swan Design & Screenprint since 1982, and have worked full time as a professional commercial artist since 1980. My husband and I have lived in La Quinta since 1980. I have previously created three bronze relief maps, which are installed here in the Coachella Valley. Two were produced for the City of Rancho Mirage. They are both in the Michael S. Wolfson Park, at the corner of Frank Sinatra Drive and DaVall. The first is a simple topographical relief of the mountain area surrounding Rancho Mirage City Hall. It measures 32" wide by 24" deep, with the tallest peak at 7" high. The second relief is of local desert animal tracks. The original plaster impressions were taken from live animals at the Living Desert (roadrunner, sidewinder, chuck - walla, coyote), the Bighorn Institute (bighorn ram), and the San Diego Zoo (moun- tain lion), These individual impressions were combined into a final bronze panel measuring 35-1 /2" wide by 24" deep by approx. 3/4" thick. The third panel was commissioned by the Living Desert, in Palm Desert. This is a complex topographical relief of the entire Coachella, Valley. It represents an area from Mt. San Gorgonio in the north, east to Joshua Tree, south to the northern tip of the Salton Sea, and west to Anza. It covers all the desert communities from Desert Hot Springs to North Shore. It also includes Mt. San Jacinto, Deep Canyon, Lake Hemet, Indio Hills, Mecca Hills, the San Andreas Fault, and Palm, Andreas, Murray and Tahquitz Canyons.This relief map measures 37" wide by 32" deep by 7-1 /2" high. For this project I would utilize the process that I developed for the Living Desert bronze. The base sculpture will be constructed of foamboard, with precise mea- surements taken from topographical maps. Height is exaggerated slightly in propor- tion to horizontal distance, for a more realistic look. The base model is finish coated and any labelling is added at this time. The model will be taken to the chosen foundry for mold making, casting, and finishing. After final approval, the bronze will be returned to La Quinta for installation. All three of my previous bronzes are "hands on", and include Braille text and label- ling. This allows -blind and visually impaired residents and visitors to experience and appreciate the beauty of our desert mountains. Installation should also allow clear- ance underneath for wheelchair access from all sides. I would hope these addi- tional features could be considered as beneficial enhancements to this project. U (0 Section 1 - Professional References Dr. Hovak Najarian Professor of Art, College of the Desert (retired) 78-395 Palm Garden Place La Quinta, CA 92253 (760) 564-4689 Susan Francis Director - La Quinta Arts Foundation PO Box 777 La Quinta, CA 92253 (760) 564-1244 Caroline Conway Education Curator - The Living Desert 47-900 Portola Ave. Palm Desert, CA 92260 (760) 346-5694 -Contact for Living Desert topo bronze Steve Nagle Professor at College of the Desert 43-500 Monterey Ave. Palm Desert, CA 92260 (760) 346-8041 -Contact for Rancho Mirage bronzes ?�- U11 Section 2 - Resume Sandy Swan 78-725 Ave. La Fonda La Quinta, Ca 92253 (760) 564-5061 Lo Quinta resident since 1980, Coachella Valley resident since 1979 1982-present Swan Design & Screenprint 75-161 Sego Lane, Suite E-6 Palm Desert, CA 92211 (760) 836-0999 fax (760) 836-0789 Position: Business Owner Duties: Client consultations, logo design, art prep (both original illustrations and computer graphics), color separations. Daily administration tasks -job scheduling, supervise produc- tion, ordering supplies and materials. 1980-1982. The Living Desert 47-900 Portola Ave. Palm Desert, CA 92260 (760) 346-5694 fax (760) 568-9685 Contact: Chris Crow Position: Graphics Dept. Job Duties: Layout and hand lettering of exhibit panels; illustrations of desert plants, animals and geology (paintings for exhibit panels, pen and ink for publications). Designed the guide map and exhibit symbols for Visitor Guide brochure. 1990 - Topographical bronze map for The Living Desert, in co-operation with the Braille Institute. 1988 - Topographical bronze map and animal footprints panel for the City of Rancho Mirage, Michael S. Wolfson Park, in co-operationwith the Braille Institute. 01 1983 - First Place, Fine Arts Division/Animals Non-traditional "Kestrels", Riverside County National Date Festival. 1982 - Illustrated "The Living Desert Coloring Book", still published and sold in the Gift Shop. 2 4 3 1982 - Completed AA Degree in Art, College of the Desert. UI �IJ j b h1 1 <�,� � �i�i{ .1��!�r � � ter. x�d ss � L;. � •she . f' a ct •�=�e2�`r i4/'ati'' � she t'• F .0 f,�rmlr;�rlS �#`rA t •�, ;rp1n��f4+� e,. �dt ... .+lL�'�" q* Vl— `-• a' r aay 4., •.rr t, 6 I Ew� 4! �:� � �' _ .. ,✓jsi .. .. Wit).-r° "" 1.. ��• r'�.. hT:) i # `S .' i{ �., � "`�^ :sorb' «• �, °4"wr '� �`� t4� `1w ",,+,�jr '"fit �v�.� + ,� 5 ,,c� t..� by y+" �• �" i�;*e!"�,ett..;�tl ��ij eA w' r � 1fy Srt ;�Cr t 4�ny A R �661 , 77. wz,-�111111 �J;v Sections 3 & 4 - Relevant Projects Topographical Bronze at the Living Desert Dimensions: 37" x 32" x 7-1 /2" Raised text/Braille Legend: 37" x 5-1 /2" (separate panel) Slumpstone Base: 20" w x 15" d x 28" h Photo 1 Shows front of Bronze as viewed from main path approach. Note shade trees, planted to help keep map surface cooler. Construction for new Veterinary Care Center is in the background. Photo 2 Taken at rear of Bronze, looking back toward main path and the Upper Colorado Garden, Concrete access from all sides. Photo 3 Original casting model, Side view shows foamcore base and top coating. Braille and .raised text lettering have not been applied at this stage, Photo 4 Picture taken during casting process at College of the Desert Sculpture Center. Mold is on end, encased in a box, and buried in sand. Molten bronze is being poured in from the two crucibles. U1'r Sections 3 & 4 - Relevant Projects (cont,) Topographical Bronze at Michael S. Wolfson Park Dimensions: 32" x 24" x 7" Painted steel pipe base: 6" diameter Photo 8 Close up view showing contour lines and smooth finish on sides. Photo 9 Side view showing installation and position along path. Text panels in background are part of the Braille path, and explain local plants, flowers and history. The park also includes a "Scent Garden" for the visually impaired. Photo 10 Original model, before labels and casting, Highway 111 and the road up to Ritz Carlton are in black. Rancho Mirage City Hall is in the lower right hand corner. Photo 5 Close up view of tracks and labels (raised text and braille). Tracks include roadrun- ner, sidewinder, chuckwalla, coyote, bighorn sheep and mountain lion. Photo 6 Panel mounted on steel post, set in concrete. Panel is 32" high at front edge. Photo 7 Original plaster casting of mountain lion tracks. Individual boxes were built for each set of animal tracks, After drying, tracks were cut apart and composed into final layout, , 243 uj 250 cn c� a� C O O �t N C i O C O U .O O L O 0 U a� N C O L— m C O C N N O i Q O N O c� O i cz O (z E X O Q O.. co 0) C .3 O co C- CU oc N . 40 0 i C7 io •I P 1 Z 251 6.20 Section 6 - Solution PROPOSAL: Create a bronze topographical relief rrlap of the La Quinta area, showing the city's original incorporation boundaries. Area encompassed will extend north to Hwy 111, east to Jefferson St., south to Bear Creek Canyon and west to include all of Mt. Eisenhower and Indio Peak. Quote based on size of approximately 36" wide by 27" deep. Highest elevation on the relief 6", with Mt. Eisenhower at about 3" high. Present proposal includes cove areas of Indian Wells and a small part of eastern- most Palm Desert. The addition of these areas creates a more visually pleasing rectangular layout, and keeps the western slope of the mountains on the west edge from looking "chopped off". FABRICATION: Bronze will be cast from an original model/sculpture created of foamboard. Base model will be smooth coated for a realistic look. Options at this point would include addition of a legend, "You Are Here" notation, braille text and labels, historical and geographic landmarks, and/or narration of the city's incorporation. After casting by the selected foundry, model and final bronze will be returned to La Quinta for installation. INSTALLATION: To be quoted separately, based on discussion with architect. Base design and installation method should harmonize with the other design elements in the Cam- pus Project. Costs based on method of installation, location, and degree of site preparation required. Option 1: Steel post, 6" diameter (as in Wolfson Park installation) Option 2: Slumpstone base pedestal (as in The Living Desert installation) Option 3: Architectural/decorative rockwork base 0.?-,1 Section b - Solution (cont.) CONSIDERATIONS: • Situate the bronze so that north on the map corresponds with true north. The suggested layout has east at the approach edge, with north to the right. • Keep pedestal base narrow, to allow for wheelchair access on all sides, • Installation height should allow approach by wheelchairs, but not be too high for children to reach. • Situate bronze with a clear view of the surrounding mountains. (This will allow people to get their bearings.) • Include a "You Are Here" designation. • Include a map legend, with horizontal and vertical scales. OPTIONS (not included in bid): • Installation on base - pending discussion with architect and design approval. • Installation should be on a concrete slab, extending a minimum of 3 feet on all sides of the bronze. (For people to walk all the way around, and for wheelchair access.) • Include Braille text and legend. • Include major streets (Washington, Jefferson, Eisenhower, Bermudas, Hwy 111) at the minimum. Ideally, include cove street grid to "personalize" the bronze for resi- dents and visitors (street grid only, no street names). • Incorporation narrative, identifying boundaries. • Historical and/or geographical landmarks; hiking trails. • IMPORTANT! Provide a ramada or shade tree, to shade the bronze. Metal sur- face will get hot in the sun. 253 Section 6 - Solution (cont.) ESTIMATE: Create pattern; construct topographical model (approx. size 34" x 24" x 7"); basic integral legend (approx. 4" x 6") including "you are here", horizontal and vertical scales, date of city's incorporation; apply finish topcoat; delivery to chosen foundry for casting process; pick up finished bronze; delivery to La Quinta for installation. Bid amount: $11,825 (plus tax). CASTING: By Quote. Cost dependent on weight, final dimensions, and patina finish(es). Estimated cost $3250 - $5400 (plus tax) OPTIONS (not included in quote above) • Installation - Mounting plate, base and installation labor by separate contract. Base design pending discussion with architect. Site prep and concrete flatwork to be discussed, Three possible design solutions are included in this proposal. • Major Streets - Hwy 111, Washington, Jefferson, Eisenhower, old Ave. 52. • City Street Grid - for cove area. No street names. • Braille Labelling - amount of text to be discussed. • Separate legend panel - incorporation narrative, historical features and land- marks (hiking/biking trails, La Quinta Hotel). Include Braille text along with raised lettering. PAYMENT SCHEDULE: 35% deposit.on project approval 35% progress payment upon completion of base model (approx. 180 days) 30% plus any addendum/options on completion of contract NOT INCLUDED: Sales tax; any city fees or permits; inspection fees, engineering fees (if needed). COPYRIGHT: As artist, Sandy Swan retains copyright to the bronze. Original model and casting mold are the property of the artist. 254 0 2:3 Section 7 - Maintenance Requirements Maintenance for the bronze relief will be minimal - occasional dusting and cleaning as needed to remove dirt, leaves or bird droppings. Standing water from rain and sprinklers can cause white mineral stains on the sur- face of the bronze. Although this does not damage the bronze, it is unsightly. Prefer- ably, the bronze should be installed away from sprinklers, or so that overspray does not hit the surface. The patina finish darkens with age, and the high areas take on a bright bronze glow from the touch of visitors hands. The light/dark contrast emphasizes the mountain peaks, and enhances the richness of the metal surface. The three previous bronzes have proven to be vandal -resistant. The surface has not been damaged by paint or rocks. Mounting bolts can be rounded to prevent theft. 255 024 d_jrom page 7 lesert.s as our own North Jackrabbits. The two spe- )e displayed in Eagle Can- �y side. Mr. and Mrs. Gene have made another gener- ibution to Eagle Canyon's t fund. D. Crandall. Eileen and ibitt. BankAmerica Foun- nd Carl L. Karcher are all 10 co-sponsors of the golden uy in Eagle Canyon. The ogle now has 15 co-spon- if whom will be profiled in Japer in a series of recogni- ,uncements. Mrs. Evelyn is helping to underwrite noon's behind the scenes activities as a Friend of the Lion Center. Mr. Paul has made a welcome gift to Canyon building fund. > and g=ts t exhibits and programs and e scenes facilities received t help from donors in Octo- ovember. manson Foundation made $20,000 which has been d for the support of our ,ironmental education pro - Among other interpretive Living Desert gave tours -ams to more than 28,000 ast season, and is expected hat total in 1992-93. atio in the Palms of the r<len will be established in of Crescent and Ruth y a gift from their estate, o underwrote a memorial Eagle Canyon. Palms of is already underway south- ;ift shop, and is expected Ied this season. "Finished" ive term here, as it takes irs for a new garden to Visitors enjoy the new topographical braille map of the Coachella Valley, located near our sand dune garden. The exhibit was donated by Dr. & Mrs. Irving Kramer. The original sculpture by Swan Design and Screen Print was cast in bronze at the C.O.D. Sculpture Center. A holding facility for cats is being built behind the scenes at the Ani- mal Care Center with a gift from. James and Ethelmae Haldan. This enclosure is needed immediately for the several species of cats, including bobcat and caracal, slated for Eagle' Canyon, and also for off -exhibit con- tainment of species already in the collection, such as Arabian wildcats and black -footed cats. With antici- pated growth of Living Desert's small cat collection, the need for appropri- ate holding cages will also grow. Gifts for which projects have not yet been chosen have recently been received from Mrs. Adele Ruge North, Maxine Poyas. Mr. and Mrs. Carlton Beal, Mrs. Phyllis S. Poehler, and the Elmina B. Sewall Foundation. Funds also remain from a contribution from Mr. and Mrs. Haldan that have not yet been designated. We'll report in a later issue how all these gifts were used. ?� r 0 ATTACHMENT 3 March 28, 2000 Request for Qualifications - City of La Quinta Enclosed is a description of an interesting approach to the Bridge Railing Exterior Enhancement, a collaboration under the name of Flores Studio by Gene Flores, sculptor and Susan Flores, designer. The solution to the problem of a utilitarian bridge railing design utilizes the existing rail as an appropriate backdrop to the added metalwork design. Also enclosed are resumes and letters of commendfation, slides and photos of previous Civic projects, information on the Love's Seat Project by Gene Flores. Flores Studio Gene Montez Flores Susan Marya Flores 215 West Hill Rd. Plainfield MA 01070 413-634-2249 FAX 413-634-8808 email flores@bcn.net 257 02ri City of New York Parks & Recreation February 9, 1998 Dear The Arsenal Central Park New York, New York 10021 Henry J. Stern Commissioner I am writing to you on behalf of the artist Gene Flores. In August 1997, Gene installed three sculptures entitled Love's Seats in New York City's Battery Park through Parks & Recreation's Temporary Outdoor Public Art Program. The sculptures are currently on exhibit at the site and will remain there for at least several more months. They have been a treasured addition to the park and were the site of a very successful poetry reading organized by Gene in September of 1997. It was wonderful working with Gene on this public art project. He is resourceful, innovative, professional and also very pleasant to work with. At the time of the installation, I happened to be juggling public art projects, curatorial responsibilities at the Arsenal Gallery, and issues with our permanent monument collection. In short, there was no one on staff who could dedicate their effort and attention to the public art program full time. In spite of this shortcoming on our part, the installation of the Love's Seats project proceeded more smoothly than anyone could ever have asked and only Gene can be thanked for that. The project has been both a success and a great deal of fun. I would be more than happy to any questions you may have, please feel free to call me at (212) 360-8143. Sincerely, Karen Lemmey Monuments Coordinator ,JO u- CONSERVANCY • F O R • HISTORIC BATTERY PARK WARRIE PRICE Mr. Gene Flores September 1, 1998 PRESIDENT 215 West Hill Road Plainfield, MA 01070 Dear Gene, You have my deepest gratitude for creating the "Love's Seat Project" in historic Battery Park. The installation has been a tremendous success this year as it enriches the fabric of the Park with its beauty and utility. The inscription on one of your sculptural seats, "All that is not given is lost," rings true with our mission to enhance the lives of all our citizens and that of the millions of visitors from around the world who pass through Battery Park. In the past four years the Conservancy has been working tirelessly to convert the Park from a mere path to the Statue of Liberty and Ellis Island ferries to a point of destination where people linger and relax. The loveseats have created that environment in one corner of the Battery. People are drawn to them to read, reflect, carry on a private conversation, or play with their children. The sheltered feeling of the seats brings a sense of intimacy to an often frenetic park. You have my respect and admiration and I look forward to working with you on future projects in historic Battery Park. With appreciation, Warrie Price 7) 2ter0, 120 BROADWAY, SUITE 3340 • NEW YORK, NEW YORK 10271 028 212 566-6700 FAX: 212 566-6707 Resume Gene Montez Flores Born: San Bernardino, CA 1935 Education: Architectural Engineering, Cal Poly San Luis Obispo, CA Exhibitions: 2000 Solo Howard Yezerski Gallery, Boston, MA Wood St. Gallery, Chicago, IL Ute Stebich Gallery, Lenox, MA Marlboro College, Marlboro, VT Group five myles, Brooklyn, NY 1999 Solo Howard Yezerski Gallery, Boston, MA Installations "The Loves's Seat Project", Civic Center and South Park, San Francisco, CA Wandell Sculpture Garden, Urbana, IL Group Pier Walk '99 Sculpture Show, Chicago, IL. Catalogue 1998 Solo Amherst College, Amherst, MA Wood St. Gallery, Chicago, IL Cal State University, Bakersfield, CA Group Pier Walk '98 Sculpture Show, Chicago, IL Catalogue "Cast Iron Art". Grounds for Sculpture, Johnson Atelier, Mercerville, NJ Catalogue "Sculpture on the Green", Barat College, Forest Lake, IL Catalogue 1997 Solo Howard Yezerski Gallery, Boston, MA Zdru Gallery, New Haven, CT Group "Pier Walk '97" Sculpture Show, Chicago, IL Catalogue Naumkeg Sculpture Exhibition, Stockbridge, MA Installations "The Love's Seats Project", Battery Park, NYC, N.Y. Love Seat & Pavillion, Northampton, MA 029 1996 Group Iowa State University "From Cover to Cover; Transformation of the Book", Ames, IA Westenburg Gallery "Landscape", Great Barrington, MA Socrates Sculpture Park Tenth Anniversary Exhibition, Long Island City, N.Y. Catalogue 1995 Group RICA, Housatonic, MA Westenberg Gallery at New Marlborough, MA 1994 Solo in conjunction with workshop, Virginia Polytechnic Institute, Blacksburg, VA Group Portia Harcus, Boston, MA 1993 Group Avana forum Gallery, Bochum, Germany Maximilianpark, Hamm, Germany Wanas Art Park, Wanas, Sweden Catalogue 1992 Two Person Exhibition Kuiturforum, Luneburg, Germany 1991 Installation Wanas Art Park, Wanas, Sweden Catalogue 1990 Installation "Construction in Process", Lodz, Poland Catalogue 1989 Group "Sculptors Working", Socrates Sculpture Park, Long Island City, N.Y. Catalogue "Artists Books and Book Arts" Baxter Gallery, Portland, Maine 1988 Group "Outside in", Athena Foundation, NYC Municipal Art Gallery New York City, N.Y. Chesterwood Outdoor Sculpture Exhibition, Stockbridge, MA 1987 Artist in Residence "Artists Choose Artists, Socrates Sculpture Park, Long Island City, N.Y. Catalogue 1985 Group Sunnyvale Art Center, Sunnyvale, CA Walnut Creek Center for the Arts, Walnut Creek, CA 21 030 Resume Susan Marya Flores Born: Berkeley, CA 1940 Education; University of California at Berkeley Susan Marya Flores designs and produces contemporary furniture. Her designs include tables and chairs ( indoor and outdoor ), beds, desks, consoles, screens, gates, decorative railings. She works primarily in metals ( steel, stainless steel, bronze, brass, copper ) and also incorporates upholstery, stone, glass, and turned wood in her designs. She has been represented by decorator showrooms in Los Angeles and New York City ( Mimi London, Furniture of the Twentieth Century, and Dennis Miller), has been shown at the NYC International contemporary Furnityure Fair since its inception, and in NYNY displays at fairs in Milan, Italy and Cologne, Germany. She has created outdoor furniture for Art Parks in Wanas, Sweden and Great Barrington, MA. Numbering among her clients are Geoffrey Beene, Tina Turner, James Turrell. She has collaborated with her husband, sculptor Gene Flores, on various projects including large scale outdoor sculpture Involving seating. She has had solo shows of her most recent unique furniture designs at Howard Yezerski Gallery in Boston in 1998 and 1999. 264: U-1 ie all A asswim log of NOR mo 4 `A�f- ry t Y:u� s �^T''t ht ',iry � ��-�_� lry �.+ r� �,is ,a•. °w^�,..:., r ap Ord"'e , � ri��`} J' ! "�li; �+'�+e{ •f `4 �al Z7 . i1 i� �. t �r, •..itK .. 4. �`,F t ti�� }� S`.. "'� t`� �' . a ��� � YS r(� af:?� y u .4 is �y .�, h�f ,�aC'•t ��, t. }�r��g „►�;�, ' at t t � Sc y� +wit}y' Pt ' �.� ""y,�•j y +y L j�^'' �+ i, ✓, Mt 1 �.. � a = . { � SS � R fir + I � �� •�!,'s�i v n�'� �rnl��t,, f� +.t � 9 j �� ;�� ¢�a-o�I�{��.{,t , r � tlj„�%r° i � y� ,1��, +.� i �! r �;� �(�• tii I t A4'�iw + r rV' �, +�y�.„� ..��., � d M� �'14. �<-",,;.¢C� ^+"7'w�� 4�f: T,.,'. Y„''!`.�h7�'ihf.�'�i,. ��`R"�•[`�"#��;, -r � 3 "'rC a �� March 28, 2000 Bridge Railing Exterior Enhancement Project Our concept for the enhancement of the railing is to create an espalier of the utilitarian vertical and horizontal elements of the railing, painting this aspect of the rail a color appropriate to an espalier - some grey -green -brown shade which creates a garden trellis feeling. Then silhouettes of highly stylized plant elements would be repeated across both sides of the bridge. The plant elements would be fabricated from a heavy metal and would be attached over the existing diagonal elements. The geometric nature of the diagonals would be disguised, resulting in the sense of a garden path to the island. The choice of a plant motif and the colors in which it would be painted would be discussed with the committee. We envision something which would be simplified to its most essential elements ( and would perhaps naturally grow in this way - vine, shrub, or fruit tree ) and repeated so that there is a sense of rhythm across the bridge. Enclosed are some photos showing designs commissioned for screens, gates, and a railing. The fabrication would be in our shop. The metal material chosen would be discussed with the committee. The design elements could be either bolted on or welded on. The maintenance will depend upon the metal and paint chosen; materials chosen will be the most appropriate to the area. Flores Studio Gene Montez Flores Susan Marya Flores 265 034 ATTACHMENT 4 A Em • Gwen f laghes L,a (&Lsj(NtP% cq BORN RESIDES TRAINING INSTRUCTOR Regina, saskatrloewon, Canada La Quintal California A!lAgpfy,,/1lDIld;01110 % Alberta College of Art University of Calgary 1989 Prhrate Lessons 1980 Private Lessons 1973 Private Lessons GALLERY REPRESENTATION IN CANADA ♦ The lack Gibson Gallery ♦ Kensington Gallery ♦ Front Gallery ♦ Auinlbola Gallery 19764979 Graduate Watercolor and Drawing Calgary, Alberta Calgary, Alberta Edmonton, Alberta GALLERY REPRESENTATION IN THE UNITED STATES British Columbia Calgary, Alberta Edmonton, Alberta Regina, Saskatchewan ♦ Bryant Gallery )ackson, Mississippi ♦ Show of Hands Santa Fe, California ♦ Center Street Gallery )ackson, Wyoming ♦ Coda Gallery Palm Desert, California ♦ Heusso Gallery ftim Springs, California ♦ Aganish Gallery Sedona, Arizona ♦ Palapas Gallery Palm Springs, California ONE PERSON SHOWS ♦ Front 8 Center Edmonton, Alberta 19911"3 ♦ Kensington Gallery Calgary, Alberta 1991 19941996 ♦ Gulf Canada Show Calgary, Alberta 1990 ♦ Wallace Gallery Calgary, Alberta 1989 ♦ Gulf Canada Gallery Calgary, Alberta 1989 ♦ Familiar Works S new Directions Edmonton, Alberta 1988 7 S % ♦ IBM Olympic Display Calgary, Alberta 1933 ♦ Gulf Canada Olympic Shove Calgary, Alberta 1988 ♦ Alberta Society of Artists Show Gulf Canada Gallery Calgary, Alberta 1986 ♦ Parallells & Affinities Grande Prairie Gallery Grande Prairie, Alberta 1986 ♦ A.S.A. Art Show - Mattart Gallery Calgary, Alberta 1985 ♦ C.S.P.G. Art Event - Muttart Gallery Calgary, Alberta 1985 ♦ Return to Laughter - Muttort Gallery Calgary, Alberta 19351936 ♦ Womens Secretariat - Nett Gallery Calgary, Alberta 1985 ♦ A Measure of Success - Alberta College of Art Calgary, Alberta 1985 ♦ Gulf Canada Sculpture Show Calgary, Alberta 1984 ♦ Canadian Society of Painters In Watercolor Calgary, Alberta 1984 ♦ heritage Park Art Show it Sale Calgary, Alberta 19791984 ♦ Springbank Art Auction Calgary, Alberta 19801934 ♦ The Stockmen's tierltage Art Show Calgary, Alberta 1981 1983 ♦ Students Graduating Show - Alba, College of Art Calgary, Alberta 1979 commissions ♦ Camel Bench - El Poseo Palm Desert, California 1996 f Camel Bench Palm Springs, California 1996 ♦ Hollywood Walk of Fame Palm Springs, California 1996 ♦ Plus 15 Competition Winner Calgary, Alberta 1995 ♦ Benches as Sculpture Winner Calgary, Alberta 1994 ♦ 1993 Sculpture Competition Winner Calgary, Alberta -1989 9 -5 ♦ Alberta Opera Society Calgary, Alberta 1989 �f ♦ First Annual Saskatoon Fairview Collectors Edition Calgary, Alberta 1986 ♦ McGill University Basketball Team Calgary, Alberta 1985 ♦ jasper Series Limited Edition for Sawridge Hotel jasper Calgary, Alberta 1983 ♦ Bigstone Creek Band Historical Brochure gasper, Alberta 1983 ♦ R.C.M.P. Centennial Series for Farmers 8 Merchants Trust Co. Calgary, Alberta 1973 + a�'T Ge:,C4zk -7 RooG SC EYU f°'U"l S P►Q-1 N �S g ►Vl V R W t. S o N S-ro �N E F C44 NS 4 �{o t .cv`� rz v4 -3 Q 0, 1- 4 GowB+Y 49P17"e-S G1._v 6 1 NCce 26� �# 4 'T 1C(9q 03 Z. BIOGRAPHY RICK BARBER BORN EDMONTON ALBERTA RESIDES 40008M aver 4 LA QUINTA CA TRAINING SOUTHERN ALTA INSTITUTE OF TECHNOLOGY GALLERY REPRESENTATION CODA GALLERY GREGORY GALLERY TOPS HEUSSO GALLERY THE LIGHTSIDE GALLERY DANFORTH GALLERY KENSINGTON GALLERY FRONT GALLERY JACK GIBSON GALLERY CENTER STREET GALLERY SHOWS CHRISTMAS SHOW (FEATURE ARTIST) KENSINGTON GALLERY CALGARY ALTA CHRISTMAS SHOW (FEATURE ARTIST) FRONT GALLERY EDMONTON ALTA PALM DESERT CA NEWPORT BEACH CA MALIBU CA PALM SPRINGS CA SANTA FE NM LIVINGSTONE MONTANA CALGARY ALTA EDMONTON ALTA VANCOUVER BC JACKSON HOLE WY 1993 1994 1993 1994 LA QUINTA ALL THAT JAZZ ART SHOW 1993 LA QUINTA ARTS FESTIVAL 1994 COMMISSIONS & COLLECTIONS in CANADA and UNITED STATES WINNER 1993 SCULPTURE COMPETITION CITY OF CALGARY ALBERTA �F i�o��y tr l000 vy +°ri-K o� 1qW�� STWt�(�s :P- P�L-m S P (Lw6S c- 3 e7�c-<` PWI DT 4E EL.E Pi-� P, t� $ET4CEI t`�l s 5 o t 1 �.Ls �- •G , -Dec-0 fQ- AT \J e= (::;, -14::N Q 1 `R A-- k v E-= F JNP-V j 1-rU QR�- i tJ 4 s-r4�vN ZM t N 6 S \ZG�O �- Q.J 1 1V'C1l'r . ' 6 erO t nmA-l_s 1 N s7lemL 03$ " z- d C/, 08, OD �' '' �i � 7;�ati P -`r r'r i �Q f�� �;� ! + fi J / � T. +�` i r � t �. _ �� S 4. rs - I+ �� � L�.��j i 1' �,� 4 �� Y r, t f F_ f .� { � : � � �yt • ti' �y `' � �' '. i r . . +yyt ..thy" : � :. �'"?t..r ': �� � .��, �°{ilk*i �i)� ,. _ .. �. p IRLO N-c w •t M �. T M s t N �'t�c-n� s f'i�21 iY�s' 041 ,C ea",L- 7 IX 5 l X 2- `f gWex✓ ffcia#e3 U4:' i U 0 Y L 277 0 4 co Gwen Hughes Rick Barber Civic Center Campus Artwork Proposal Estimate Cahuilla Basket Project To Create an Eight Foot Cahuilla Basket which will be made of wire rope and painted with an authentic Cahuilla pattern to honor the band and their ancestors in our valley . The basket will be coiled wire rope welded together, held by a steel support anchored and concreted into the ground as per building code and consultation with City Engineers and Architect. Bid Amount .....$10,000 to $15,000.00 Payment Schedule... 35% deposite on project approval 35% progress payment upon completion of basket and base 30% plus any addendum/ options upon completion of contract NOT INCLUDED Sales tax ;any city fees or permits ;inspections fees ;engineering and architect fees, and insurance requirements 280 04,E Gwen Hughes & Rick Barber Bridge Enhancement Enhance existing bridge with metal work in the form of a herd of lifesize Rams walking across the bridge and on the other side Coyotes loping along in the same direction providing a photo opportunity for pedestrians and their children with animals important to our desert landscape. The animals would to made of 3/8 inch steel, painted realistically on both sides and welded in place along the bridge bed on the outside . BID AMOUNT ........$10,000.00 for the 30 foot bridge, making 60 feet of animals to cover both sides $8,000.00 for the 20 foot bridge making 40 feet to cover both sides Payment Schedule... 35% deposite on project approval 35% progress payment upon completion of figures 30% plus any addendum/options upon completion of contract Not Included Sales tax, any city fees or permits , inspections and their fees, engineering and architect fees and insurance requirements 281 U� ) ATTACHMENT 5 Monday, April 03, 2000 Ms. Dodie Horvitz, Community Services Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253-1504 Re: Art Proposal for Civic Center Campus Project Dear Ms. Horvitz, It was a pleasure to meet with you and the others at the pre -proposal meeting. The new Civic Center Campus promises to be a delightful oasis in the heart of La Quinta and will surely cement La Quinta's reputation as the art nerve center of the valley In developing my proposal for you I have decided to partner with one our desert's prominent sculptors, Jim Taylor. Though our collaboration is at an early stage, we have agreed on our central approach. We will combine strong sculptural elements appropriate to outdoor scale with an equally strong narrative component rendered in glass mosaic that will tell the story of La Quinta. We propose a processional design of six sculptures placed along the path in a generally circular fashion. We believe that the continuity of the pieces will invite the viewer to stroll along the path and at each station learn more about La Quinta. We have prepared very simple suggestions for the metal elements and 1 have quickly done a suggested mosaic of Fig Tree John. The mosaics would be set into the sculptures and design elements from each would support the other thematically. 282 65 Both Jim and I have a good record of producing large outdoor works and are familiar with working with the concerns of municipalities. Enclosed is our preliminary packet of requested information, resumes, references, projects, etc. We would be happy to meet with you at any time to continue to develop the project. As long time Valley residents with a keen respect for our culture we would be honored to be selected to continue to develop these roots. Yours truly, _ r Jennifer Joh son, President ?83 U 5 r' IV r84 30 0 5 -33. Project Description The proposed artwork will feature the collaboration of two artists, Jennifer Johnson and Jim Taylor and consist of six sculptures of fabricated steel and glass mosaic done by Taylor and Johnson, respectively. The metal work in the sculptures will be fabricated of steel, bronze and aluminum. The elements will be welded for fastened. The main purpose of the metal parts is to provide an interesting place for the mosaic work and also to combine abstract art with art that is more representational. The sculptures will also contain linear elements and holes that will be drilled into the flat sections in order to create interesting light and shade patterns on the ground. The sculptures are abstractions based on various elements of the La Quinta area. The mosaic work will be contained within the metal sculptures and held in place with special frameworks and reinforcing wire. The mosaics will portray various historical people, places and events pertinent to the area. The sculptures will be mounted on concrete bases with special footings. The concrete bases will be of various geometric shapes and also contain some mosaic work. All sculptures will have full schematic drawings and models. The schematic will be checked by a structural engineer for wind efficiency, welding and fastening specifications. If necessary, inspections for welding and workmanship will be done throughout the project. n�" U56 Proposed Maintenance It is anticipated that the sculptures will require only routine maintenance. Due to the climate conditions and the small amount of annual rainfall, corrosion will be at a minimum. The metal elements will have a ferric acid patina on them which will require no maintenance. However, a twice annual waxing is recommended to keep it looking good. The mosaic elements are well suited to the desert and will not fade in the sunlight nor will the color delaminate. The mosaic will require periodic cleaning, about once a year with ordinary file cleaner. 288 "Nines and Elevens" Steel (dimensions variable) Series of sculptures for Demuth Park, Collection of Palm Springs, CA 289 1999 U53 "Nines and Elevens" Steel (dimensions variable) Series of sculptures for Demuth Park, Collection of Palm Springs, CA 290 1999 "Gumbo Variation: Lunar" Steel, Wood, Aluminum 24"x24"x4" 291 6 6 0 Gumbo Variation: Cardiff Stick Steel, Wood, Bronze 24 x24 x4 661. z oC o. 0) IE J Q IL DEMUTH PARK STUDENT ART III 2!OIAVI a3ijdr z z m co a z a m r m m z to 9-3-w-v... r - - - 293 06ri .. Monday, April 24, 2000 Ms. Dodie Horvitz, Community Services Director City of La Quinta Box 1504 La Quinta, Ca. 92253 Dear Dodie, Thank you for the opportunity to provide you with more information regarding the Civic Center Campus Project. As you will recall we are proposing to have six metal sculptures fabricated under the artistic direction of Jim Taylor. These sculptures range in size from approximately six to fifteen feet in height and will depict the geography and history of La Quinta, including the sun, moon and constellations visible in our desert. The six sculptures will incorporate up to twenty mosaic panels which I will fabricate. The mosaic panels will create a narrative history of La Quinta through my research and investigation with archives, residents and other acknowledged experts. Our overall cost for these six major sculptural pieces is $96,450.00-. This includes fabrication, delivery to site, installation, including formwork and concrete, bonds and insurance. It does not include lightinp- and landgc,.ane. We are delighted to be attending the Council meeting next week in order to further elucidate our proposal. Again, thank you for all your help in developing our proposal. Sincerely, 294 063 -- - > Jennifer Johnson President Professional References for Jennifer Johnson Ms. Julie Baumer, Assistant City Manager City of Cathedral City 68700 Lalo Guerrero Cathedral City, CA 760.770.0340 Mr. Reuel Young, Architect Interactive Design Corporation 3001 Tahquitz Palm Springs, CA 760.323.4990 Ms. Karen Riley, Executive Director Student Creative Recycle Art Gallery 82204 Highway 111, Suite C117 Indio, CA 92201 295 061 JENNIFER GILMAN JOHNSON 650 East Alejo Road Palm Springs, CA 92262 760.325.4825 Mail: Box 2147 Palm Springs, CA 92263 CURRENT STATUS Studio Artist 1980 to present EDUCATION University of Tulsa Tulsa, Oklahoma Bachelor of Arts, 1967 SELECTED SHOWS AND AWARDS First Place, Sculpture, 1998 "Coachella Valley Spring" Palm Springs, California Public Arts Commission Artist and Designer,1997 to present "Fountain of Life" Civic Center Fountain City of Cathedral City Cathedral City, California Budget: $650,000.00 Artist and Designer, 1997 Biographical Ceramic Series Ambassador and Mrs. Walter Annenberg Rancho Mirage, California Artist and Designer, 1998-99 °Metamorphosis° Entry Portal, ceramic, 20'x40' Student Creative Recycle Art Program Indio, Califomia 296 065 CURRENTMINIMALIS IS JIM TAYLOR BORN Cincinnati, OH RESIDES Palm Springs, CA EDUCATION Rutgers University, New Brunswick, NJ, M.F.A., 1'984-86. Kansas City Art Institute, Kansas City, MO, B.F.A., 1977-81. New York Studio School, New York, NY, mobility student, 1980. SELECTED SOLO EXHIBITIONS Extension Gallery -Johnson Atelier, Mercerville, NJ, April 1987. Mason Gross School of the Arts, Rutgers University, New Brunswick, NJ, January 1986. SELECTED GROUP EXHIBITIONS Faculty Review, Riverside Arts Foundation, Palm Springs, CA, May 1991. Kaleidoscope, Glendale Arts Council, Allstate Plaza, Glendale, CA, April 1991. Z:. rt Cnanneia. 1984 Group Show, Spectrum Gallery, Palm Desert, CA, January 1991. National Conference On Cast Iron Art, University of Alabama. Birmingham, AL, April -May 1988. Outdoor Sculpture, Carnegie Center, Princeton, NJ, May 1988. Johnson Atelier, Trenton City Museum. Trenton, NJ, January 1987. Three Sculptors, Mercer County College, New Jersey, October 1986. 297 U66 19 -r REFERENCES-. Mr. Francis Penrose Russell Director -Center for Urban Design University of Cincinnati PO BOX 210016 Cincinnati, Ohio 45221-0016 Phone: (513) 556-3283 Dr. Michael Mdan, Ph.D. Director -Weisman Museum of Art Pepperdine University 24-255 Pacific Coast Highway Mahbu, California 90263 Phone: (310) 456-4851 (310)317-7257 Mr. Roger LintauR Professor of Art Dr. Billie Sessions-Proft" Art Education California State University -San Bernardino 5500 University Parkway San Bernardino, California 92407 Phone: (909) 880-5802 Ms. Toshiko Tak umu Lecturer Emeritus -Princeton University PO BOX 4p Quakertown, NJ 08868 Phone: (908) 735-8295 Mr. James Barton -President Mr. Jon i jsh. nim*nr Mrs. Donna warner -Lash Mr. Dan Lomax The Johnson Atelier 60 Ward AYCmie'R rten-on Mercerville, NJ 08619 Phone: (609) 890-7777 Dr. Hovak Najarian Professor Emeritus -College of the Desert 78-395 Palm Garden Place La Quinta, CA 92253 Phone: (760) 564-4689 Dr. Janice Lyle, Ph.D. Director -Palm Springs Desert Museum 101 Museum Drive Palm Springs, CA 92263 Phone: (760)325-7186 Home: 3240 Hardisty Avenue Cincinnati, Ohio 45208 Phone: (513) 321-2200 067 Slides: Jennifer Johnson 1. Untitled, Ceramic Sculpture, 20"x60" 2. Vessel, Ceramic,18"x30" 3. Mural, Ceramic, 48"x60" 4. Fountain of Life, Amphora Detail, Stone and Glass Mosaic, 3'x5' 5. Fountain of Life, currently under construction, Civic Center, Cathedral City, CA. 72'x18' Budget, $650,000. Slides: James Jared Taylor 1. "Nines and Elevens" Steel, Dimensions Variable,. Demuth Park Palm Spring, CA 1999. 2. `Bell Gate," (Collection of Charles Fleischmann, Cincinnati, Ohio 19'0" high, Steel, Cast Bronze Bell, Wood,1987. 3. Untitled, Steel, 10'hx2'wx18d,1991. 4. "Cardiff Stick," 24"x24"x4" Steel, Wood, and Bronze. 5. "Lunar," 24"x24"0", Steel, Aluminum, and Wood. �9�3 Affik ATTACHMENT 6 April 3, 2.000 Dodie Horvitz Community Services Director 78-495 Calle Tampico La Quinta, CA 92253 Dear Selection Team: I am interested in being considered for the La Quinta Civic Center Campus Project. I feel that from my past and current collaboration with architects, art committees and the general public, that I have experience in working in this capacity. Creativity, problem identif— ication and solving, along with the ability to work with others, are some of the skills I bring to a project to insure a within budget, on schedule job. My most recent outdoor installation was for the Marriott Residence Inn in Palm Desert. This art statement consist of a series of five stainless and aluminum stylized birds. I suspended one for a dramatic "in flight" effect and mounted the others.on hand selected and care- fully placed dark colored (contrast) boulders. Added amber lights cast a glow on the birds for the nighttime viewers. I am currently -in the design phase of creating a bronze."desert crit- ter" series. To date, I have completed a roadrunner and a chuckwalla is ready for casting. I am now working on a jackrabbit. I would enjoy having the opportunity to continue the series by sculpt- ing a covey of quails and other suggested creatures_ relevent to the area. The bronzes could be placed in a garden -like setting or another possible approach for presentation would be to combine realism with a contemporary base. Enclosed are a few sketch ideas. Will the work age gracefully, with minimum.of maintenance? This issue is always on my mind during the planning of any project, Working closely with a landscape architect to ensure proper placement of plants and -irrigation design -is essential for the success of the total project. My aim is to capture the spirit'o"f La Quinta, set a "dialogue" with the environment and to actively engage the viewer in a sence of place, anexperience of beauty, history and surprise. . Thank you for your attention. 300 Sincerely, William Ware Artist (-6t4) 35/0-SO241 • 73 69/ MA4$OM ST • tO*M MSA RT CA.92266 7760 PERFESSIONAL REFERENCES 1. William Swank Architect/Developer 15-550 Riveria Drive LaQuinta, CA 92253 760-771-3110 2. McFadden and McIntash Architects 72-925 Fred Waring Drive Palm Desert, CA 92260 760-3468014 3. Robert Whitney Enjoy Development 8100 Paseo Del Ocaso La Jolla, CA 92037 619-456-2240 4. Tom Colinen Rancho La Quinta Country Club 79295 Rancho La Quinta Drive La Quinta, CA 92253 760-777-7748 5. Holden & Johnson Architects 44-267 Monterey.Ave. Palm Desert, CA 92260 760340-1981 301 WLLIAM WARE Bill Ware was born in Indianapolis, Indiana,. where his artistic talent was noted by his third grade teacher, whom Bill learned when he met her twenty years later, had kept his sketches among her personal mementos. A self-taught artist, Bill attended Baylor University where he was a pre-med major. However, his first love was art and his best marks were in illustrating for Biology and Physiology. Bill's commercial art experience began in 1964 in Newport Beach, California as an art director for an art magazine, Orange County Illustrated. A job illustrating for a text book publishing company in New York City provided funds to travel to Palma de Mallorca, Spain in 1966. While in New York City, Bill did watercolors based on city street scenes. In Spain he continued painting while working as an illustrator for Spanish magazines. In Spain, Bill was inspired by the works of Miro whom he met while there. As an illustrator and cover artist for the Saturday Evening Post, Bill improved his craft while producing many fine works. As an independent artist in Indiana, Bill found success and recognition when the Indiana Convention Center commissioned him to paint a mural. This led to a commission from Indiana bell, where he produced paintings of Indiana scenes for an entire high-rise over a one year period. One of these paintings won an award and became part of a touring show of corporate art, hanging in the exhibit between Norman Rockwell and N.C. Wyeth. Though Bill's background is in painting, his desire to' be involved in A►'t in Public Pftces, pushed him into creating sculptures and relief pieces using non-ferrous metals. This medium opened up many occasions to work with architedts, city planners, and various committees' through the building process. Bill has designed, created and installed numerous two and three dimensional works for private 3 d and public settings. 671 Selected Private Collectors -4Allen Paulson -4Vincent Price, Actor -dJulie Nixon Eisenhower -4Jack & Shirlee Hennessy -dMr. & Mrs. Philip Glass, Chicago -41)r. Stanford M. Rider, Los Angeles -4Richard Lugar, Senator of Indiana -4Mr. & Mrs. Hal Wallis, Producer and Actor -4John Wooden portrait, presented to him upon his retirement Selected Public Collections -qEli Lilly Corp. -4First Interstate Bank -4The Indiana Convention Center -4A. T. & T. and Bell Laboratory •PGA WEST Country Club, La Quinta -4Indianapolis 500 Racing Museum Mural -4Morningside Country Club, Rancho Mirage -4Cal Federal Savings & Loan Corporate Office - Wilshire Boulevard Art In Public Places 1982 Palm Desert Civic Center — Palm Desert — Mural 1995 Palm Desert Town Center — Palm Desert --Sculpture 1996 Rancho La Quinta Country Club — La Quinta — Sculpture 1996 Gila Restaurant — Palm Desert — Sculpture 1997 Sunlife Medical Building Palm Desert — Sculpture 1998 Seventh Day Adventist Church — Palm Desert — Sculpture Selected Bibliography 1989 Myer, Joe Strolling The Galleries — The Desert Sun 1989 Anthony, Kathryn ?he Texture You'd Love to Touch — Focus/Santa Fe April/May, page 37 1990 Oakton, Bill Imbued With the Spirit — Focus/Santa Fe — August/September, page 64 1990- Guest Life Master Pieces of American Art 1991 1990 Rezendes-Herrick, J. Dyslexia Discovery Opens the Artist's Eyes Teaching and Lecturing , 1980 - Ongoing - Schools — Speakers and workshops for students of all levels - 1994 - Ongoing - Seminars for the Orton Dyslexia Society conferences l ( N Ct! 85'5 CAIJ N405 H'STojglcj )NMOKYnATIOM LASED Ca-r E w" 304 CmIc- CaV72W c4mooKs PROJAsn�r F/9��f �-1�'�' �,�►�4'tL�rQ � f �"i) "_' �.CaQ '�c-a ���..s"l-E`..�t��x,�' �t,�t^�, + A,> D 5C *PIIV ev (trMSO !qd?l obo ti S7&mp,DS 6o,000 J f6,Qd© t►►sToRY oecsTMEK 1NV."Wv rlo0 CAN Ise LNs ER "—r i N-ro -nm a cNWS bNE EACH of ANIMA" bJ►l.t. ►3G MADE AIJAIL190M AT 1:001JDAY COST ONLY! r�t12 LISE lrt S41opt: / AR-r nv4v*T►otj jw-rt . ?Wers APIO jr," WgRE' 5illo 074 ATTACHMENT 7 30� 075) 307 076 FmD '30J 073 310 670 jpF 1� Y� r7 O WOOF 57EEL V 8 �- r� 683 fWr r 4 i r �+ Y -.� 1 r , 1. ` � �.* Fii �r x� �� '+� �Is,� y..1 L � � �c�� �'�� � t �,i ` �' � � �(`��� � i�tYi.�.. � b �" �ti "�d r � ".,,y � Y �`����. r ap 4 � i'� � . 4 �,. w ZO'd zosvz08 Ob£ 09L ddL#a.Aem d&S=£O 00--iZ-Adw Apr-21-00 03:58p ware#ipp 760 340 5024502 p.01 tPT C�-04u5- April 17, 2000 CIVIC CEW'M CAMPUS PROJECT 1. Three bronze "desert critters" in a garden - like. setting. 150 to 200• scale. Cost: ;27, 000. �a�nq Plus landscape: $5,000. 2. Murals: 8' X 20' (A) Relief with bronze, copper and brass. Includes wall, back would be ready for tributes. Cost: $120,000. (8) Painted 1lural with.landsaape. ND ��� �R SI6N/� AaST&RS Cost: i72, 000. Plus landscape 3. Bride: Birds in Might (10) Cost: go, 4 Ben h i1iD5 W Klof- r (4) U X-41KG Oioo O c e : Wildlife in bronze on steel benches. Cost: $14,000. Four benches with bronzes $9800. each S. Cubes: Aluminum 7' X 14, $16,000. or $14,000.13 Cubes with bronze critters- $22,000. History or other information can be laser cut into the cubes. 6. Any bronze critters you may go with will be available at foundry cost only. They could be used in schools, art found- ation or any public place % all AORK ®N fi3Ob AA1611J6! Questions or comments: Bill lure 3405024 a 444 I • -7/� f to � t ' N �. u%*) �wa�+a�+ • 7,9- sq, MR~ aT • P4M jMrSwru, rx26e 0 $ {' ATTACHMENT 7.4b -,_3Zn —41S-7 Mpl�,dAErAMWEEW�----.IIIIIII r i 01 Q s, BIOGRAPHY GWEN HUGHES BORN REGINA SASK RESIDES CALGARY ALBERTA LA QUINTA CA TRAINING ALBERTA COLLEGE OF ART GRADUATION .1979 UNIVERSITY OF ALBERTA CALGARY 1975 INSTRUCTOR CALGARY ALBERTA EDMONTON ALBERTA GALLERY REPRESENTATION CODA GALLERY GREGORY GALLERY STEVE STEIN GALLERY HEUSSO GALLERY THE LIGHTSIDE GALLERY CENTER STREET GALLERY DANFORTH GALLERY BRYANT GALLERY THE KENSINGTON GALLERY THE FRONT GALLERY ASSINIBOIA GALLERY THE JACK GIBSON GALLERY ONE PERSON SH6S NEW WORKS 94 FRONT AND CENTER KENSINGTON GALLERY GULF CANADA GALLERY WALLACE GALLERY FAMILIAR WORKS -NEW DIRECTIONS IBM OLYMPIC DISPLAY MUTART OLYMPIC SHOW DEVONIAN GARDENS MUTTART CONSERVATORY PALM DESERT CA NEWPORT BEACH CA SHERMAN OAKS CA PALM SPRINGS CA SANTA FE NM JACKSON HOLE WY LIVINGSTONE MONTANA JACKSON MISS CALGARY ALBERTA EDMONTON ALBERTA REGINA SASK VANCOUVER BC KENSINGTON GALLERY CALGARY 1991/92/93/94 EDMONTON ALTA 1991 CALGARY ALTA 1988/89/90 CALGARY ALTA 1989 CALGARY ALBERTA 1989 EDMONTON ALTA 1988 CALGARY ALTA 1988 CALGARY ALTA 1981 CALGARY ALTA 1981 EDMONTON ALTA ♦ Jasper Series "Umited Edition" for Sawrldge Now Caspar Calgary, Alberta 1983 ♦ Bigstone Crack Band Historical Brochure gasper, Alberta 1983 ♦ R.C.M.P. Centennial Series for Farmers S Merchants Trust Co. Calgary, Alberta 1973 UMtTED EDITIOM COLLECTIONS ♦ Whistlers Mother (Whistler) Bronze 1990 ♦ Uttle Dancer (Degas) Bronze 1990 ♦ Prinazss and the Pea (Ceramic) ♦ Piggy Delight (Ceramic) 1988 ♦ Winning Spirit (Bronze) 1987 ♦ Alberta Culture ♦ Athabasca Unhmrslty ♦ British Petroleums Canada Umited ♦ Royal Bank of Canada Umlted ♦ Imperial Oil ♦ Petro Canada ♦ City of Calgary ♦ Nick Molte's Private Collection Hollywood, California ♦ Undo Iiamllton's Private Collection Hollywood, California ♦ Many Private Collections In Canada 8 The United States PURCHASES 1997 — T- s�tv T A 3 " Yv\. v ♦ _ Hollywood Walk of Fame City of Palm Springs ♦ Camel Bench City of Palm Springs ♦ Elephant Fountain McCrums, Calgary, AB cbcr BENC.N AV-ksToKkTL ; IPA%l m SPR446S � CL�t' Boor✓ Sc�tV� f��t s-ra (ce4Z-Z P��M S�cz�N6s . * $ 'A0P-K11_S p,N STONE Ggt-F J� LLq �r ANs -DePiGTINfclsbtp,N p14,-� SPR 0 "P��M sprz�N� S 4 Mo pyt %- V t L (,PC -T--N D t RN S iv\. S pts.tNrN0 r kw MtISZUW\ �ir►^EbN C—'. ��1=Y +(�SSac Pr4c.,v►1 S'P1�tNCflS ptTzeS W. KPt R e •p04.0 cWE =N Oc o g G kA'eS ti -r1416t_e:5. I Ir1'1 I W Q-1 S7-k9GIL_ rr0 'tZ 'M f4 N ti{ P IZ l V Ave I -A o rvl Es V 0, C- -r es ' S -- 1- A4 0 r " T-A, R.M. ±: v 2.. Biography Patrick Keenan Graduate of Alberta College of Art in Calgary, Alberta, Canada. Resides Calgary, Alberta, Canada Teaches Red Deer College - Ceramic Sculpture Canadian Gallery Representation Webster Gallery - Calgary, Alberta Front Gallery, Edmonton, Alberta United States Gallery Representation A Gallery, Palm Desert, Ca. Agnisiuh Gallery, Sedona, Arizona Bryant Gallery, New Orleans Louisiana Attended LaQuinta Arts Festival Show and La Quinta Jazz Festival Has Commissioned work in the Calgary Petroleum Club The Royal Bank, McCrums Furniture, Shell Oil Co. Petro Canada, Renfrew Furs and many others. Bronzes include Jerry Lee Lewis, Bo Diddly, Merle Haggart , Little Richard Many commissioned pieces of Lawyers, Doctors, Judges , Golfers etc. 1) OV,fir 091 GWEN HUGHES & RICK BARBER ART STUDIO :5Tb rz,y wA{-aoE-me 'Pte-oc 3 = tj 2 GWEN HUGHES & RICK BARBER ART STUDIO ,P,ox-ra�� 3;y GWEN HUGHES & RICK BARBER ART STUDIO U T---^ L-- S o N T*"L—! Murals are Marvelous . people who might never see art in a gallery or visit a museum, will go by in appreciation. GWEN HUGHES & RICK BARBER r'• 09S GWEN HUGHES & RICK BARBER ART STUDIO r ,4. 3ti 090 Gwen Hughes and Pat Keenan Civic Center Campus Artwork Walk Through Time To create and historical environment which would be a celebration of the past_and the present . The project would be composed of a 30 foot time capsule composed of rocklike walls and passageway leading from the time of the Cahuilla Indian living in a Valley Village . We would be greeted by an elder sitting on a boulder telling stories of Indian legends to the children . Bare foot prints would lead the visitor into an Indian Village where a woman is teaching a young girl the rudiments of Basket Weaving, a craft the Cahuilla were famous for. The Village scene would be a relief of huts and a panoramic view of the mountains and sand in the distance painted on the stone. Barefoot prints would give way to modern shoes and upon leaving the village thru a passagway in the wall the visitor would round the corner and find modern day golfers Teeing off on the beautiful green grass. Trees and indiginous plants would be planted along the way to give shade and beauty to the scene . Golfers such as Arnold Palmer and those who designed and built golf couses in La Quinta would be honored with their likeness in Bronze or stone as the figures in the rest of the project. Bid Amount ........Village and figures in stone ...$90,000.00 Golf Figures in Bronze ...$20,000.00 each ( can be added over time) Payment Schedule ... 35% deposite on project approval 35% progress payment upon completion of wall and figures 30% plus any addendum/options upon completion of contract Not Included Sales tax, any city fees or permits /inspection fees, engineering and architect fees and insurance requirements. 0 917 Sw-cw wdcAws -? Q A A)- m T4tyl 4 4 Q" COUNCIL/RDA MEETING DATE: May 2, 2000 Consideration of the Location for the Civic Center Art Piece RECOMMENDATION: AGENDA CATEGORY: 2 BUSINESS SESSION: 1 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a location and an appropriate base for the Civic Center Art piece and appropriate funds in the amount up to $2,000 from the Art in Public Places account for the construction and installation of the base. FISCAL IMPLICATIONS: The cost associated with locating the art piece will be dependent on the location chosen as the display location. Once the location has been determined, a base will be required to display the art piece. The material(s) chosen for the base will determine the final cost of the base and its construction. It is anticipated that the cost for the base will not exceed $2,000. Funds may be expended from the Art in Public Places account, #701-000-255-21 1, for this project. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 16, the Civic Center Artwork Committee attended the La Quinta Arts Festival and purchased a piece of work entitled "Rather Deco" produced by Russell Jacques. Mr. Jacques delivered the art piece to City Hall on April 19, 2000. The art piece is designed to be placed upon a pedestal. The artist has provided a place at the bottom of the base of the art piece for a bolt, which can be used to secure the art piece. The artist has offered two recommendations for the base: that the base be constructed of a satin stainless steel, as to become an extension of the art piece or of a granite that contains the color statement of the location in which the art piece will be displayed. Attachment 1 is a sample of granite colors available that complement the City Hall color scheme. 3 3A-,/ FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a location and an appropriate base for the Civic Center Art piece and appropriate funds in the amount up to $2,000 from the Art in Public Places account for the construction and installation of the base; or Do not approve a location and an appropriate base for the Civic Center Art piece; or Provide staff with alternative direction. Ily sub/nitted, ory Attachments: omn�u sty Services Director Approved for submission by: l Thomas P. Genovese, City Manager 1. Sample Granite Base Colors 332 002 S:\Community Services\CCReports\CC.045.wpd Ti-ty,l 4 4v Qu&& AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 2, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of an Art Maintenance PUBLIC HEARING: Agreement with Washington/Adams, L.L.C. RECOMMENDATION: Approve an Art Maintenance Agreement with Washington/Adams, L.L.C. for the lighting system on the art piece on the northeast corner of Highway 111 and Washington Street. FISCAL IMPLICATIONS: The expenditures of the fees collected in the Art in Public Places fund, Account #701- 000-255-21 1, may include the maintenance and repair of art work, as outlined in Attachment 1 . It is anticipated that the amount needed to maintain the lighting system on the art piece would not exceed $500 per year. This amount may be adjusted once the lighting system has been brought up to fully functioning status. CHARTER CITY IMPLICATIONS: Are ma - BACKGROUND AND OVERVIEW: The City of La Quinta entered into an Art Purchase Agreement (Attachment 2) with Washington/Adams, L.L.C., as a requirement to provide a piece of art work as their contribution to the Art in Public Places for the development of their project on the northeast corner of Highway 1 1 1 and Washington Street. This agreement was signed on September 6, 1996. Section 6.4 (a) of the Art Purchase Agreement states that the "Developer shall maintain the Artwork in a manner that the City determines appropriate in its sole discretion." The lighting system has been in various states of disrepair in the past months. The City has contacted Mr. Michael Shovlin several times regarding the maintenance of the lighting system contained as a part of the artwork. The light bulbs have been burnt out and not replaced in a timely manner, due to the necessity of ordering the parts and having them installed once they arrived. Because the art work is located at a strategic location in the City of La Quinta, it is important that the artwork be presented in a manner in which the City deems appropriate. To accomplish the appropriate appearance, it is important that the lighting system be in properly functioning condition. Should the City Council so desire, an Art Maintenance Agreement (Attachment 3) can be entered into with Washington/Adams, L.L.C. allowing the City to be responsible for the maintenance of the lighting system component of the art piece. The City would then ensure that the lighting system is fully functional and maintenance is performed when needed, in a timely manner. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve an Art Maintenance Agreement with Washington/Adams, L.L.C. for the lighting system on the art piece on the northeast corner of Highway 1 1 1 and Washington Street; or 2. Do not approve an Art Maintenance Agreement with Washington/Adams, L.L.C. for the lighting system on the art piece on the northeast corner of Highway 111 and Washington Street; or 3. Provide staff with alternative direction. submitted, Dodie Horvitz, CommurA'ty Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Ordinance 339 (Section 2.65.110, (B) 6) 2. Art Purchase Agreement 3. Art Maintenance Agreement S:\Community Services\CCReports\CC.042.wpd ATTACHMENT 1 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. 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 3360--04 ATTACHMENT 2 ORIGINAL ART PURCHASE AGREEMENT / Z 3 THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this lo-"'day of f)eY& , 1996, by and between THE CITY OF LA - QUINTA, a California municipal corporation (the "City"), and- WASHINGTON/ADAMS, L.L.C. ("Developer") and LOUIS DEMARTINO ("Artist"). A. The Developer is currently constructing the One Eleven La Quinta Shopping Center. To meet the requirement for artwork pursuant to Chapter 2.65 of the City Municipal Code, the Developer is commissioning the fabrication and installation of certain ARTWORK (the "Artwork") to be installed and displayed by the Developer at the SITE LOCATION which is within the One Eleven La Quinta Shopping Center located at the northeast corner of Highway 111 and Washington Street (the "Site Location"). NOW, THEREFORE, the parties hereto, for the consideration and under the conditions hereinafter set forth, hereby mutually agree as follows: ARTICLE I. SCOPE OF SERVICES 1.1 Scone of Design Services. Developer and/or Artist shall prepare or cause to be prepared, any required approvals for all shop drawings, details, and samples, and shall do all other things necessary and incidental to the performance of Developer's and/or Artist's obligations pursuant to this Agreement. 1.2 Scone of Fabrication Services. Artist shall fabricate, transport and install the Artwork pursuant to and by the times set forth in the Scope of Design Build Services and the Schedule of Performance attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this reference. The City shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit to the Developer and the City monthly progress narratives, including photographs, as required by the Schedule of Performance (Exhibit B). The narratives shall include the percentage of the Artwork completed to date, along with an estimated completion date. Artist shall furnish all tools, equipment, apparatus, facilities, plant, labor, services, materials, and all utilities and transportation, including power, fuel, and water, and to perform all work necessary to construct, transport and install in a good and workmanlike manner the scope of work set forth in the Scope of Design Build Services (Exhibit A), or reasonably inferable therein, together with the appurtenances thereto, at the Site Location. It is understood and agreed that all said plant, labor, services, materials, equipment, and facilities shall be furnished and said work performed and completed by Artist as an independent contractor, subject to the inspection and approval of the City or its representatives. 005 FORM.CON 1 3 3 ' Act Purchase Agreement The Developer shall present to the City in writing for further review and approval any and all significant changes in the scope, design, color, size, material or texture, of the Artwork not permitted by or not in substantial conformity, with the approved working drawings and the Scope of Design Build Services (Exhibit A). A significant change is any change in the scope, design, color, size, material, texture, or Site Location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services (Exhibit A). Developer shall maintain proper facilities and provide safe access for inspection of the Artwork by the City, its engineer or representatives, and to the sites wherein the Artwork is located after installation. Artist shall maintain proper facilities and provide safe access for inspection of the Artwork by the City, its engineer or representatives, and to the sites wherein the Artwork is located prior to installation. Where specifications require work to be specially tested or approved, it shall not be tested without timely notice to the City, of its readiness for inspection and without the approval thereof, or consent -thereto by the City. The Developer and/or Artist shall promptly notify the respective departments or official bodies when its work is ready for inspection and shall, at once, do all work required to remove any violations or to comply with such inspections, without additional charge to the City: The Developer and Artist shall perform all work necessary to obtain approvals from the authorities mentioned above without additional cost to the City. 1.3 Cha= Orders. In addition to the change orders and extra work specified and provided for in the Scope of Design Build Services (Exhibit A), the City may at any time during the progress of the completion and installation of the Artwork and up to the date of the issuance of a Notice of Completion as hereinafter defined, when in the City's reasonable determination the public interest and necessity so require, request any alterations, deviations, additions to or omissions from this Agreement, Scope of Design Build Services (Exhibit A), or the work, labor and materials to be furnished thereunder, and the same shall in no way affect or make void this Agreement. Developer and Artist shall adhere strictly to the Scope of Design Build Services (Exhibit A), unless a change therefrom is authorized in writing. In such case, the terms of said change shall be understood and agreed upon in writing by the City, Developer, and Artist before commencement of said revised work. a. The Developer and/or Artist shall notify the City in writing when fabrication of the Artwork is completed and ready for delivery and installation at the Site Location which is designated in Exhibit A and B, attached hereto and incorporated herein by reference. 3360on FORM.CON 0 . 0 Art Purchase Agreement b. Upon completion and at all times during fabrication and installation, the Artwork shall comply with all applicable statutes, ordinances and regulations of any governmental agency having jurisdiction over the Artwork. a. The Artist shall be available at such reasonable time or times as may be agreed between the City, Developer, and Artist to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork. b. The Developer shall use reasonable efforts to arrange for publicity for the completed Artwork by local media and publications, and otherwise as may be determined between the City, Developer, and Artist as soon as practicable following installation. C. Upon installation of the Artwork, the Artist shall provide the Developer and City with written instructions for appropriate maintenance and preservation of the Artwork, with which the Developer shall comply subject to Section 6.4 hereof. 1.6 Final Acce l=. a. The Artist shall advise the Developer and the City in writing that the Artwork will become the responsibility of the Developer on the effective date of completion of the project and the acceptance as complete by the Developer and the City. Following receipt of such notice the City shall cause the installed Artwork to be inspected by suitably qualified and appropriate professional(s), and within five (5) days following completion of such inspection(s), the City shall either provide Developer with reasonably specific written objections to the installed Artwork or notify the Developer of its acceptance of the Artwork by a Notice of Completion in the form attached hereto as Exhibit D. Such Notice of Completion (Exhibit D) shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. b. Final Acceptance by the City of the ownership of the Artwork will occur at the completion of twenty-five years (25) or the year 2021. At that time the ownership and responsibility for the Artwork will rest with the City. 1.7 Risk of Loss. Upon final completion, the risk of loss or damage to the Artwork shall be borne by the Developer until the City accepts the Artwork at the completion of twenty-five (25) years or the year 2021. The Artist shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the a Notice of Completion has been issued by the City. The Developer shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the a Notice of Acceptance has been made by the City 33�107 anvu rnM Art Purchase Agreement 1.8 M. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall remain with the Developer and shall pass and vest with the City upon issuance of Final Acceptance or Termination pursuant to Article IX hereof. ' ARTICLE II. TIME OF PERFORMANCE 2.1 Time. Developer and Artist do agree to punctually and diligently perform all their obligations under this Agreement. It is further understood and agreed that should Developer and/or Artist fail to furnish the labor, materials, equipment, and or services, to perform all work and labor at the site only, as herein provided in the manner herein set forth in good and workmanlike manner, it shall, in addition to any other penalties provided in the Agreement, be liable to the City for all losses or damages that either may suffer on account thereof. In the event Artist at the time refuses or neglects to supply a sufficient number of properly skilled workers or a sufficient quantity of materials of proper quality, or in effect be adjudicated bankrupt, or files a voluntary petition in bankruptcy, or commits any act of insolvency; or makes an assignment, for benefit or creditors, without the City's and Developer's consent, or fails to make prompt payment to his materialmen and laborers, or fails in any respect to properly and diligently prosecute the work covered by this Agreement, or otherwise fails to perform fully any and all of the Covenants and obligations herein contained; then the City and Developer may, at their option, after giving twenty-four (24) hours written notice to Artist and Developer, provide any such labor and materials as may be necessary and deduct the cost thereof from any money then due or thereafter to become due to Artist under this Agreement; or the City and Developer may at their option, terminate the Artist's right to proceed with the work and, in that event, the City and Developer shall have the right to enter upon the Artist's warehouse and take possession, for the purpose of completing the work included under this Agreement, of the Artwork or any portion thereof, and all materials, tools, and appliances thereon, and may employ any other person or persons to finish the work and provide the materials therefor. In the case of such discontinuance of Artist's right to proceed with the work, Artist shall not be entitled to receive any further payment under this Agreement until the work undertaken by the City and/or Developer is completely finished. At that time, if the unpaid balance of the amount to be paid under this Agreement exceeds the expenses incurred by the City and/or the Developer in finishing Artist'.s work, such excess shall be paid by the City and/or Developer to the Artist, but if such expense shall exceed such unpaid balance, then Artist shall promptly pay to the City and/or Developer the amount by which such expense shall exceed such unpaid balance. The expense incurred by the City and/or Developer as herein provided, either for furnishing materials or for finishing the work, and any damages incurred by the City and/or Developer by reason of Artist's default, shall be chargeable to, and paid by Artist, and the City and/or Developer shall have a lien upon all materials, tools, and appliances, taken possession of, as aforesaid, to secure the payment FORM.CON 4 340 003 Art Purchase Agreement thereof. If the City and/or Developer elects not to terminate Artist's right to proceed, Artist agrees to reimburse the City and/or Developer for losses or damages resulting from the delay in speedy progress of work. If Artist should neglect to prosecute the work properly or fail to perform any provisions of this Agreement, the City and/or Developer, after three (3) days' written notice to Artist, may without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due Artist; provided, however, that the City and/or Developer shall approve such action and certify the amount thereof to be charged to Artist. ARTICLE III. WARRANTIES 3.1 Tit1c. The Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist; (b) except as otherwise disclosed in Writing to the City and Developer, the Artwork is unique and original and does not infringe upon any copyright; (c) the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Artwork is free and clear of any and all encumbrances and/or monetary liens. 31 Quality and Condition. The Artist represents and warrants, except as otherwise disclosed to the City and Developer in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects consisting of "inherent vice" or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City and Developer hereunder. The warranties described in this Section 3.2 shall survive for a period of one (1) year after the Notice of Completion, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from after Acceptance of the Artwork by the City and Developer. The City and/or Developer shall give notice to the Artist of any observed and claimed breach with reasonable promptness. The Artist shall, at the request of the City or Developer; and at no cost to the City or Developer, cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork). ARTICLE IV. PERFORMANCE BONDS The Artist shall not be required by the City to post any performance bonds or similar undertakings, and any requirement of any other authority for performance bonds shall be the responsibility of the City. Nevertheless, Artist shall prevent any lien from attaching to the Artwork or development of.the site by any person claiming under Artist. 341 009 • 0 Art Purchase Agreement ARTICLE V. REPRODUCTION RIGHTS 5.1 General. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 g =-, and all other rights in and to the Artwork except ownership and possession, except as such rights are limited by this Agreement. In view of the intention that the Artwork in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, dimensional reproductions of the final artwork, nor shall the Artist grant permission to others to do so except with the written permission of the City and Developer and at such time as Final Acceptance by the City at which time the City alone may approve. The Artist grants to the City, Developer, and its assigns an irrevocable license to make two-dimensional reproductions of the Artwork for noncommercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications, provided that these rights are exercised in a tasteful and professional manner. 5.2 Notice. All reproductions by the City and Developer shall contain a credit to the Artist and denote its location, provided that the Artwork is protected by United States copyright law and reasonable substantiation thereof is provided to the City. 5.3 Credit to WASHINGTON/ADAMS. L.L.C.. The Artist shall use its reasonable efforts to give a credit reading substantially, "an original work owned by the WASHINGTON/ADAMS, L.L.C." in any public showing under the Artist's control of reproduction of the Artwork. 5.4 Registration. The Artist may at its expense cause to be registered, with the United States Register of Copyrights, a copyright in the Artwork in the Artist's name. ARTICLE VI. ARTIST'S RIGHTS 6.1 Identification. The Developer shall, at its expense, prepare and install at the Site, pursuant to the written instructions and subsequent approval of the Artist, a plaque identifying the Artist, the title of the Artwork and the year of completion, and shall reasonably maintain such notice in good repair against the ravages of time, vandalism and the elements. 6.2 Maintenance. The parties recognize that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. a. The City shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. To the extent practical, the Artist, during the Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that the City, Developer, and the Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon the Artist's fee for such services. No fees shall be paid to Artist for repair or restoration due to a breach of the representations and warranties set forth herein. vnukr rnm 34,1 010 Art Purchase Agreement b. All repairs and restorations shall be made in accordance with recognized principles of conservation. a. The Developer shall maintain the Artwork in a manner that the City determines appropriate in its sole discretion. b. The City and Developer shall use its reasonable efforts to meet and consult with Artist prior to the time of making any alteration. If any alteration is made without the consent of Artist, Artist shall have the right to direct the City and Developer to remove Artist's name from the Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with Section 987 of the California Civil Code and the rights and protection afforded Artist thereunder, and Artist hereby waives each and all of Artist's rights and protection under Section 987 of the California Civil Code to the extent such rights and protection are inconsistent with this Section 6.4; provided, however, that to the extent that the rights and protection afforded Artist under Section 987 of the California Civil Code are not inconsistent with this Section 6.4 or pertain to matters that are not dealt with in this Section 6.4, Artist shall retain such rights and protection. 6.5 Permanent Record. The City shall maintain a record of this Agreement and of the location and disposition of the Artwork. 6.6 Artist's Address. The Artist and Developer shall notify the City of changes in their address. The City shall take reasonable effort(s) to locate the Artist when matters arise relating to the Artist's rights under this Agreement. 6.7 Surviving Covenants. The covenants and obligations set forth in this Article VI shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors. in interest, and the City's covenants do attach and run with the Artwork and shall be binding- to and until twenty (20) years after the death of the Artist unless otherwise stated herein.. Upon the death of the Artist, the representative of Artist's estate shall assume the surviving covenants and obligations of Artist set forth in this Article VI. ARTICLE VII. ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and not as an agent, joint venturer, partner or an employee of the City or the Developer. The Artist shall not: a. be supervised by any employee or official of the City or the Developer; b. exercise supervision over any employee or official of the City or the Developer; 343 U 1 j_ FORM.CON 7 0 • Art Purchase Agreement C. have authority to contract for or bind the City or the Developer in any manner; or represent itself as an agent of the City or the Developer; or otherwise be authorized to act for or on behalf of the City or the Developer; d. have status as the City's or Developer's employees or have any right to any benefits that the City or Developer grants to its employees. ARTICLE VIII. ASSIGNMENT OR TRANSFER No party shall- assign or transfer an interest in this Agreement without the prior written consent of the other parties, provided, however, that claims for money due or to become due from the City or the Developer under this Agreement may be assigned to a financial institution without approval. ARTICLE IX. TERMINATION The City and. the Developer may, by written notice to the Artist, terminate this Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in accordance with the terms hereof or any other breach by Artist of the terms of this Agreement, when such failure or breach continues uncured for fifteen (15) days following notice thereof from the City or Developer to Artist ("Termination for Default"), or (b) at any other time in the sole and absolute discretion of the City and Developer ("Discretionary Termination"). Termination for Default and Discretionary Termination are sometimes hereinafter collectively referred to as "Termination". Upon Termination, except as provided in this Article IX, all parties shall be released from all further obligations and liability hereunder. Effective upon a Termination, the Artwork, or as much thereof that has then been completed, shall be transferred to and shall belong to the Developer. In such event and upon. Artist's written request, the Developer shall remove Artist's name from the Artwork. Upon a Termination for Default, the Artist shall be entitled only to that portion of the total compensation due Artist that is then payable pursuant to the Schedule of Compensation (Exhibit C); upon a Discretionary Termination, Artist shall be entitled to the full Artist Fees provided for in Exhibit C hereto and that portion of the costs and expenses of Design, Fabrication and Installation of Artwork provided for in Exhibit C hereto that is then payable pursuant to the Schedule of Compensation (Exhibit C), plus all other costs reasonably incurred by Artist following the last payment pursuant to the Schedule of Compensation (Exhibit C), prior to the date of the Discretionary Termination, provided that Artist shall be required to provide the Developer with reasonable substantiation for such costs. Notwithstanding anything else herein contained, Artist shall not be relieved of liability to the Developer and/or City for damages sustained by the Developer and/or City by virtue of any breach of this Agreement by the Artist, and the Developer may reasonably withhold payments to the Artist until such time as the exact amount of such damages is determined. In the event of a termination, Developer is not released of the responsibility for providing the completion of the Artwork for the Site and shall either have this Artwork completed or shall provide, a replacement Artwork approved by the City. 012 FORM.CON 8 t� Art Purchase Agreement ARTICLE X. CONTRACTOR ADMINISTRATOR The Contract Administrator for this Agreement shall be the City Community Development Director. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City, the City Community Development Director shall represent and act for the City. ARTICLE M. NON-DISCRIMINATION In carrying out the performance of the services designated, the Developer, Artist and the City shall not discriminate as to race, color, creed, religion, marital status, national origin or ancestry, and the Artist shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended. ARTICLE XH. ENTIRE AGREEMENT This Agreement, consisting of thirteen pages and four exhibits, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth hereinabove. ARTICLE XIII. MODIFICATION No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. ARTICLE XIV. WAIVER No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. ARTICLE XV. GOVERNING LAW 15.1 This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 15.2 In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the 34 Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District. Court in the district of California which includes Riverside County. 013 anow11 rnm 9 Art Purchase Agreement 15.3 If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees, incurred by the prevailing party in connection with the legal action or proceeding. ARTICLE XVI. HEIRS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the City, Developer, and Artist, and their respective heirs, personal representatives, successors and permitted assigns. ARTICLE XVII. NOTICES All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, returned receipt requested, postage prepaid, as follows: a. if to the City, to: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: Community Development Director b. if to the Developer, to: Mr. Michael Shovlin Washington/Adams, L.L.C. 71-084 Tamarisk Lane Rancho Mirage, CA 92270 C. if to the Artist, to: Mr. Louis DeMartino P. O. Box 391370 Anza, CA 92539 ARTICLE XVIII. INDEMNITY With respect to acts, errors or omissions in the performance of Developer and Artist's obligations hereunder, Developer and Artist agrees to indemnify and hold harmless the City and its officers, agents, employees, and representatives from and against any and all claims, demands, defense costs, liability or consequential damage of any kind or nature arising out of Developer's and Artist's (including its subcontractors, agents, employees, assigns or licensees) 3 4 r negligent and/or willful acts, errors or omissions in the performance of Developer and Artist's obligations under this Agreement. U 14 • • Art Purchase Agreement With respect to acts, errors or omissions in the performance of the City's obligations hereunder, the City agrees to indemnify and hold harmless Developer and Artist from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising out of the City's (including its contractors') negligent and/or wilful acts, errors or omissions in the performance of the City's obligations under this Agreement. The foregoing indemnities shall be in effect without regard to the maintenance of insurance coverage for any such loss, costs, claims, damages or expenses. ARTICLE XIX. INSURANCE 19.1 Policies. Throughout fabrication of the Artwork the Developer shall insure that the Artist maintains Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability (employee and contractual exclusions deleted), Products/Completed Operations Liability, Broad -Form Property Damage and Independent Contractors' ($1,000,000) per occurrence, combined single limit, written on an occurrence form, and such other forms and amounts of insurance as the City may deem necessary or desirable. All required insurance shall be evidenced by an insurance policy or policies (or the renewal or replacement thereof) reasonably acceptable to the City. Developer and Artist shall not proceed with any work nor receive payment under this Agreement until., among other things, the City has received the appropriate insurance certificates. Developer and/or Artist, prior to completion, shall maintain or cause to be maintained standard all-risk property insurance in an amount equal to or greater than the full replacement value of the Artwork. The Artist's General Liability policy required by this Agreement shall contain the following clauses: "The City of La Quinta and its officers, agents, employees, representatives, and volunteers along with Developer are added as additional insureds as respective operations and activities of, or on behalf of the named insured, performed under contract with the City of La Quints." Prior to commencing any work under this Agreement, Developer and Artist shall deliver to the City insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clause referenced above. Also, within thirty (30) days of the execution date of this Agreement, Artist shall provide to the City an endorsement to the General Liability policy, which adds to this policy the applicable clause referenced above. Said endorsement shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by the City, 3 4 7 it shall be Developer's and Artist's responsibility to see that the City receives documentation acceptable to the City which sustains that the individual signing said endorsement is indeed FORM.CON 11 Art Purchase Agreement authorized to do so by the insurance company. Also, the City has the right to demand, and to receive within a reasonable time period, copies of any insurance policy required under this Agreement. In addition to any other remedies the City may have if Developer and/or Artist fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: a. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to other remedies the City may have, and is not, the exclusive remedy for Artist's failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Developer and Artist may be held responsible for payments of damages to persons or property resulting from Developer's and Artist's, or its respective agents' contractors' or subcontractors', performance of the work covered under this Agreement. ARTICLE XX. GENERAL 20.1 . Any provisions of this Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 20.2 Whenever in the specifications any materials or process is indicated or specified by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL", and Artist may offer any material or process which shall be equal in every respect to that so indicated or specified. 20.3 Developer nor Artist shall offer any substitute in said proposal or if a substitute so offered by Developer or Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one shall be required by the City. 20.4 Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should the Developer or Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by the City. 311^ tZ 1J 016 PnRM row 12 Art Purchase Agreement 20.5 The City shall give any subsequent owner of the Artwork written notice of the covenants contained herein, and shall cause each such successive owner to be bound thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California CITY: CITY OF LA QUINTA, a California municipa rporation By: 'THOMAS P. GENOVESE, City Manager City of La Quinta, California ARTIST: LOUIS DEMARTINO DEVELOPER: WASHINGTON/ADAMS, L.L.C. By � -T- Its 340 FORM.CON 13 �1'7 Art Purchase Agreement EXHIBIT A SCOPE OF DESIGN BUILD SERVICES 1. Developer and/or Artist shall furnish all labor, engineering, material, tools, equipment, etc., required to design, -fabricate and install the Artwork in accordance with the quality level and intent of the concept drawings -as previously prepared by Artist and approved by the City, along with all governing agency requirements and code criteria. 2. Developer and Artist are responsible for submitting all required documents relating to the Artwork design to appropriate government agencies so that building plan check and all required permits may be obtained in a timely manner. 3. Developer and/or Artist shall immediately notify the City in writing of any cost impact or schedule impact whether increase or decrease, resulting from any modifications to the design. Any redesign fees or any other costs incurred by the City due to Developer's and/or Artist's negligence or failure to keep the City informed of scope variances in a timely manner shall be charged equally to Developer and Artist. 4. Developer and Artist shall complete the design in sufficient scale and detail as required by the City and governmental authorities for approval. The design documents shall bear the stamp of a professional Mechanical, Structural and/or Electrical Engineer(s) licensed in the State of California. 5. Artist's design and specifications shall be subject to approval by the City and its consultants. As a further clarification to the plans and specifications, the work shall include but not necessarily be limited to the following: 1. Artist shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to the City prior to installing any material. The installation of any material constitutes the Artist's complete acceptance of all substrates as compatible with the work under this Agreement. 2. Any work not provided for in this Agreement must be authorized by the City and Developer prior to the installation of such work. 3. Artist is responsible for all repairs or replacement of any existing property or worl3 J Q which is damaged as a result of the performance of the work under this Agreement. UIS FORM.CON 14 Art Purchase Agreement 4. Artist shall provide all unloading, hoisting, scaffolding, and bracing for the Artwork. 5. Artist shall provide all drilling, coring, cutting, fastening, and welding required for the Artwork. 6. Artist shall supply all specialty lighting required to complete the Artwork. 7. Developer shall supply all landscaping required to complete the Artwork. 1. One Eleven La Quinta Landmark: The mountains will be depicted by pyramidal, bronze peaks, supported by a base of pigmented concrete in a color evoking the desert floor. To draw one's attention at night, light would emanate from a small, clear, poly carbonate gem embedded in the mountains, softly spilling a refracted glow onto the reflective surfaces of the slopes. The bottom perimeter of the mountains (the concrete base) would be downlighted to create a weightless floating effect. 2. The bronze peaks and the pigmented concrete would be 30-feet by 12-feet by 18 -feet. 3. The entire Artwork is to be permanently bolted to the boulders and sufficient security measures insured by the Artist. 31 FORM.CON 15 9 An Purchase Agreement EXHIBIT B SCHEDULE OF PERFORMANCE The project will take approximately six months to complete the fabrication of the Artwork. Work will commence during the month of September, 1996, and completed and installed by February, 1997. There may be one review by the Art in Public Places Commission of the work in progress, if the Commission deems it necessary, to be conducted prior to the installation of art feature. Determination of whether the review will take place will be made by the Chairman of the Art in Public Places Commission. 020 350 FORM.CON 16 Art Purchase Agreement EXHIBIT C SCHEDULE OF COMPENSATION Basic Contract: $95,000 Total Not to Exceed $95,000 SCHEDULE OF PAYMENTS: Washington Street/Highway 111 Sculpture $81,000 Cinema Complex Sculpture $14.000 $95,000 Note: Any fee waivers granted the Developer both in past and. future will be deducted from the Not to Exceed amount of $95,000. ,3J3 021 FORM.CON I Art Purchase Agreement DKIIIIII-Dw Piece of Artwork: WHEREAS, by that certain Art Purchase Agreement dated , 1996 ("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation (the "City") contracted with WASHINGTON/ADAMS, L.L.C. to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, the City shall furnish Developer and Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NO*, THEREFORE, the parties hereto certify as follows: 1. As provided in the Agreement, the City does hereby certify that the fabrication and installation of the Artwork has been fully performed and completed. Any executory obligations pursuant to the Agreement, which are hereby incorporated herein by reference, shall remain enforceable according to their terms. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. IN WITNESS WHEREOF, the Agency has executed this certificate this day of , 1996. CITY OF LA QUINTA, a California municipal corporation by: 3"R J �1 022 FORM.CON 18 ATTACHMENT 3 ART MAINTENANCE AGREEMENT THIS ART MAINTENANCE AGREEMENT (the "Agreement") is entered into this day of , 2000, by and between THE CITY OF LA QUINTA, a California municipal corporation (the "City"), and Washington/Adams, L.L.C. (Developer). RECITALS A. The Developer has entered into an ART PURCHASE AGREEMENT with the City to provide an art piece on the northeast corner of Highway 111 and Washington Street, effective September 6, 1996 (Exhibit A). The ART PURCHASE AGREEMENT states in section 6.4 (a) that "the Developer shall maintain the Artwork in a manner that the City determines appropriate in its sole discretion". Article XII of the ART PURCHASE AGREEMENT states that modifications of the terms of the Agreement shall valid when made in writing -and signed by each party hereto and approved by appropriate action of the City. NOW, THEREFORE, the parties hereto, for the consideration and under the conditions hereinafter set forth, hereby mutually agree as follows: ARTICLE I. SCOPE OF SERVICES 1.1 Maintenance of the Artwork. The City shall be responsible for the lighting system contained within the artwork. All costs associated with the maintenance of the lighting system shall be borne by the City. The Developer agrees to provide all necessary information to the City regarding the supplier in which components of the lighting system may be purchased. All other related maintenance of the artwork shall remain the responsibility of the Developer, as stated in the ART PURCHASE AGREEMENT. The ART MAINTENANCE AGREEMENT shall run concurrent with the terms of the ART PURCHASE AGREEMENT. As stated in the ART PURCHASE AGREEMENT, Section 1.6. (b) Final Acceptance by the City of the ownership of the Artwork will occur at the completion of twenty- five years (25) or the year 2021. At that time the ownership and responsibility for the Artwork will rest with the City of La Quinta. ARTICLE H. NON-DISCRIMINATION In carrying out the performance of the services designated, the Developer, and the City shall not discriminate as to race, color, creed, religion, marital status, national origin or ancestry. ARTICLE M. ENTIRE AGREEMENT This Agreement, consisting of 4 pages plus exhibit A consisting of 18 pages embodies a supplemental agreement to the ART PURCHASE AGREEMENT, as an understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except a D J FORUCON 1 023 Art Purchase Agreement set forth hereinabove. ARTICLE IV. MODIFICATION No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. ARTICLE V. WAIVER No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. ARTICLE VI. GOVERNING LAW 6.1 This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 6.2 In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District Court in the district of California which includes Riverside County. 6.3 If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees, incurred by the prevailing party in connection with the legal action or proceeding. ARTICLE VII. HEIRS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the partiest, and their respective heirs, personal representatives, successors and permitted assigns. ARTICLE VIII. NOTICES All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, returned receipt requested, postage prepaid, as follows: FORM.CON 356 02/1 Art Purchase Agreemem a. if to the City, to: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: Community Services Director b. if to the Developer, to: Mr. Michael Shovlin Washington/Adams, L.L.C. 71-084 Tamarisk Lane Rancho Mirage, CA 92270 ARTICLE IX. INDEMNITY With respect to acts, errors or omissions in the performance of Developer's obligations hereunder, Developer agrees to indemnify and hold harmless the City and its officers, agents, employees, and representatives from and against any and all claims, demands, defense costs, liability or consequential damage of any kind or nature arising out of Developer's (including its subcontractors, agents, employees, assigns or licensees) negligent and/or willful acts, errors or omissions in the performance of Developer's obligations under this Agreement. With respect to acts, errors or omissions in the performance of the City's obligations hereunder, the City agrees to indemnify and hold harmless Developer from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising out of the City's (including its contractors') negligent and/or wilful acts, errors or omissions in the performance of the City's obligations under this Agreement. The foregoing indemnities shall be in effect without regard to the maintenance of insurance coverage for any such loss, costs, claims, damages or expenses. ARTICLE X. GENERAL 10.1 Any provisions of this Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 10.2 Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should the Developer fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by the City. J i FORUCON 3 025 Art Purchase Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. ATTEST: JUKE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California CITY: CITY OF LA QUINTA, a California municipal corporation THOMAS P. GENOVESE, City Manager City of La Quinta, California DEVELOPER: WASHINGTON/ADAMS, L.L.C. By Its FORUCON 4 35 �- Art Purchase Agreement EXHIBIT A ART PURCHASE AGREEMENT ATTACHED IN ITS ENTIRETY Provided as Attachment 2 of this report. FORM.CON 5 353 027 T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: Consideration of Community Services Grant Requests RECOMMENDATION: May 2, 2000 As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: 6- CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The Special Project Contingency Account #101-251-663-000 has an uncommitted balance of $6,269 as of this report, as provided in Attachment 1 . CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the November 2, 1999 City Council meeting, the City Council approved changes to the Community Services Grant process. The changes were implemented per City Council direction. Change #3 to the process states that the Community Services Grant (Grants) requests will be reviewed by the City Council on a quarterly basis. The first meetings of August, November, February and May have been designated for review of the Grants received. Three requests have been submitted for City Council consideration as of this report. A request from the Foundation for the Retarded of the Desert (Foundation) for funds to assist in transporting individuals from the La Quinta area to their various program sites as well as to the Foundation facility for training programs, is provided as Attachment 2. The Foundation is requesting $5,000. The funds would be used to transport 33 clients from La Quinta to the Foundation five days a week for a twelve month period. 360 A request for funds from the Desert Rehab Services, Inc. "The Ranch" (the Ranch) to purchase an ice machine for the new expanded facility is provided as Attachment 3. The Ranch is requesting $2,443.74 for an ICE 0 Matic EC 606. A request from Desert Sands Unified School District for the co-sponsorship of Truman Elementary School teachers to attend the McCallum Theatre Institute Aesthetic Education Program (AEP) is provided as Attachment 4. The total cost for twelve teachers to attend the AEP is $8,430. Desert Sands Unified School District is willing to commit $6,000 to this program for Truman School teachers to attend, as provided in Attachment 5. The balance to co-sponsor the teachers is $2,430. During Fiscal Year 1999/2000, the City Council authorized funds in the amount of $2,500 for Truman to fund teachers to attend the Aesthetic Education Program, as provided in Attachment 6. The funds used to sponsor the AEP were a line item listed as the McCallum Theater in the amount of $1,000 and the Truman school grant allocation. The school grant allocation for Truman School for this fiscal year has not be utilized as of this report, as provided in Attachment 7. There is a balance of $2,000 in the school grant program for Truman School for this fiscal year. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize a Community Retarded of the Desert Contingency Account; or 2. Authorize a Community Retarded of the Desert Contingency Account; or Services Grant request for the Foundation of the in the amount of $5,000 from the Special Projects Services Grant request for the Foundation of the in an alternate amount from the Special Projects 3. Do not authorize a Community Services Grant request for the Foundation of the Retarded of the Desert from the Special Projects Contingency Account; or 4. Authorize a Community Services Grant request for the Desert Rehab Services, Inc. in the amount of $2,443.74 from the Special Projects Contingency Account; or 5. Authorize a Community Services Grant request for the Desert Rehab Services, Inc. in an alternate amount from the Special Projects Contingency Account; or 6. Do not authorize a Community Services Grant request for the Desert Rehab Services, Inc. from the Special Projects Contingency Account; or 7. Authorize a Community Services Grant request for the Aesthetic Education Program in the amount of $2,430 from the Special Projects Contingency Account and/or the school grant program; or 361 S:\Community Services\CCReports\CC.043.wpd 002) 8. Authorize a Community Services Grant request for the Aesthetic Education Program in an alternate amount from the Special Projects Contingency Account and/or the school grant program; or 9. Do not authorize a Community Services Grant request for the Aesthetic Education Program from the Special Projects Contingency Account and/or the school grant program; or 10. Provide staff with alternative direction. Respe fully su mitted, I Dodie Horvitz, to -unity Services Director Approved for submission by: G Thomas P. Genovese, City Manager Attachments: 1 . 1999-2000 Community Services Grant Balance 2. Community Services Grant Application from the Foundation for the Retarded of the Desert 3. Community Services Grant Application from the Desert Rehab Services, Inc. 4. Letter from the McCallum Theatre Institute 5. Letter from Desert Sands Unified School District 6. Minutes from the April 6, 1999 City Council Meeting 7. School Grant Update Balance Report 36'2 003 S:\Community Services\CCReports\CC.043.wpd ATTACHMENT 1 1999-2000 Community Services Grants SPECIAL PROJECTS CONTINGENCY ACCOUNT #101-251-663-000 Date Organization Amount 7/l/99 Beginning Balance Balance $54,369 7/20/99 La Quinta Arts Association $4,000 $50,369 Liability Insurance for Gallery 2/l/00 Reconciliation Report 9/8/99 La Quinta High School Foundation With a commitment of $5,000 when matching funds are acquired. 9/8/99 Coachella Valley Concerts Association Concerts for Desert Sands Unified School District performances for Students 9/21/99 Explorer Post #503 With a commitment of $6,000 when matching funds are acquired $5,000 + $5,000 $40,369 $5,000 $35,369 $6,000 + $6,000 $23,369 9/21/99 Community Blood Bank Center, Inc. $1,000 $22,369 For purchase of up to three calibrated weights 11/22/99 Reconciliation Report received 10/5/99 Triangular Adoption Program $2,200 $20,169 10/5/99 Simon Motors Plaque $300 +/- $19,869 11/2/99 CVAG-Census 2000 Coordinator $5,000 $14,869 11/16/99 Complete Count Committee $3,000 $11,869 Promotional Items 12/21/99 Friends of the Desert Mountains $250 $11,619 Five Quail Habitat Acre Adoptions 2/01/00 Desert Valley All Star Mavericks $1,000 $10,619 Cheerleading Competition Trip 3/6/00 Reconciliation Report Received -Airline Tickets Purchased UQ5 363 Date Organization Amount Balance 3/7/00 Riverside District Attorney $1,000 $9,619 CARE Program - Officer Training 3/7/00 Greater Coachella Valley Soap Box Derby $2,700 $6,919 Franchise Fees and In Kind Services 4/4/00 Meals on Wheels -Transportation Costs $650 $6,269 Meals to La Quinta COACHELLA VALLEY RECREATION AND PARK DISTRICT OKTOBERFEST #101-251-663-537 7/1/99 Beginning Balance $2,200 10/5/99 CVRPD Oktoberfest $200 $2,000 10/31/99 Oktoberfest Permits $350 $1,650 10/31/99 Tops and Barricades $96.50 $1553.50 FRITZ BURNS POOL #101-251-663-539 7/l/99 Beginning Balance $3,000 9/8/99 Coachella Valley Recreation & Park District $2,028.66 $971.34 (September Pool Hours & Answering Machine) S:\Community Services\Community Service Grants\1999-2000 Balance\Running Balance.wpd 364 0 06- ATTACHMENT 2 COMMUNITY SERVICES GRAT APPLICATION (Must be typed) What is the overall purpose or goal of your organization? The Mission of the Foundation for the Retarded of the Desert is to increase the choices, capabilities and inter -dependence of persons in the Coachella Valley with developmental disabilities whose primary diagnosis is mental retardation by Providing advocacy, education, and training in vocational, recreational, domestic and social skills. 2. How long has your organization been in existence? 40 Years 7 Months 3. Describe in general the activities or services of your organization: To provide community, living, social skills, job training and employment for all mentally retarded and disabled citizens of the Coachella Valley. 4. How many people does your organization currently serve? No. of Youth 80 No. of Adults 340 No. of Seniors 20 5. How many people do you intend to serve during this Fiscal Year? This is unknown, we currently have 30 people on a waiting list. No. of Youth 86 No. of Adults 350 No. of Seniors 20 6. How many people served this Fiscal Year will be La Quinta residents? No. of Youth 11 No. of Adults 22 No. of Seniors 0 7. How many paid employees/volunteers does your organization employ? Full time employees 120 Part time employees 35 Volunteers 75 . 8. Describe how your organization is managed and governed. The Foundation for the Retarded is managed by professional staff, the Executive Director Dr. Richard B. Farmer and governed by 22 Board of Directors. 36 007 9 10 11 11. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Hank Hendler President 13 Avenida Andra 340-5511 Jim Lusnar 1st Vice President 40-926 Schafer Place 360-9255 Joe Solomon 2"d Vice President 34 Calle Claire 568-5519 Noel Laursen Treasurer 3280 Cambridge Court 416-4171 Dawn Suggs Secretary 73-517 Siesta Trail 346-9654 Ed Sher Board Member 24 Avenida Andra 341-5216 Gen. Ken Miles Board Member 8 Avenida Andra 346-6377 What is your annual schedule of events, and during what months does your organization operate? Our organization operates year round Monday through Friday, 8:00 AM to 4:00 PM Our Group Home in La Quinta is operating 365 days a year. Social Recreational programs and adult and children's Respite services operates evenings and weekend hours year round. Do you charge admission, membership fee, dues, etc.? Yes X No If yes, please describe: What are your other sources of revenue for this funding year? Source Amount Dept of Develop Services & Dept of Rehabilitation $3,608,518 Contract Work $1 345,500 Donations $ 75,000 United Way $ 37,000 Grants $ 100,000 Fundraising $ 58,000 Other $ 53,347 Total Needed $ 5,277,365 Total Received $ 3,545,027 Balance $ 1,732,338 13. 14 15 16. 17 18 Amount of money requested from the City of La Quinta? $ 5,000.00 Has your organization been funded by the City of La Quinta previously? Yes X No If yes, when Amount received Please provide the name and address of the bank in which the organization's funds are kept: Wells Fargo Bank Please provide the name and title of those individuals authorized to sign on the organization's account (must provide at least two individuals): Name: Title: Dr. Richard B. Farmer Executive Director Stacie Bradshaw Director of Finance Jim Lusnar 1st Vice President Noel Laursen Treasurer Elton Kilfoyl Board of Directors Please provide, as an attachment, copies of the last three months bank statements as well as the last year's December bank statement of the organization's checking and savings account. See Attached Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. The Foundation for the Retarded is requesting funds to assist us in transporting individuals from the La Quinta area to their various program sites as well as to the Foundation for training programs 3 671u 19. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. The mentally retarded and disabled citizens will benefit from these funds by assuring that their transportation costs are met for them to obtain the services that they need in order to live, work and play in our community. 20. Attach a copy of your Program Operating Budget for the current year. See Attached 21. Non-profit organizations must attach a copy of the organization's current IRS Form 990. See Attached 368 b 1 6867-670580 ..... ..... .1N + WELLS'FARGO BANK, N.A. #0689 NAT'L BUSINESS BANKING CENTER - PO BOX 340214 SACRAMENTO, CA 95834-0214 FOUNDATION FOR THE RETARDED - N FOR ONE CALL SERVICE 73-255 COUNTRY CLUB DIAL 1-800-CALL WELLS PALM DESERT CA 92260-2309 (800-225-5935) 24 HOURS/DAY, 7 DAYS/WEEK PAGE 1 OF 3 THIS STATEMENT COVERS: 12/1/99 THROUGH 12/31/99 MONEY MARKET SUMMARY ' ACCESS ACCOUNT 6867-670580 PREVIOUS BALANCE 10,155.05 WELLS FARGO DEPOSITS 740,245.03+ MONEY MARKET FUND DIVIDENDS PAID/REINVESTED 359.21+ ENDING BALANCE .00* WITHDRAWALS 753,246.74- BANK ACCOUNT ONE CALL CHARGES .00- ENDING BALANCE 2,539.17- OTHER SERVICE CHARGES 51.72- DIVIDENDS PAID IN 1999 377.67 ► NEW BALANCE 2,539.170D 7-DAY CURRENT YIELD AS OF 12/31/99 5.12% 30-DAY CURRENT YIELD AS OF 12/31/99 5.05% DETAILS * REFER TO THE REVERSE SECTION, `IMPORTANT INFORMATION REGARDING YOUR MONEY MARKET ACCESS ACCOUNT` * NOT FDIC INSURED * NO BANK GUARANTEE * MAY LOSE VALUE THE STAGECOACH FUNDS ARE NOW THE WELLS FARGO FUNDS? EFFECTIVE NOVEMBER 6, 1999 THE STAGECOACH FUNDS AND NORWEST ADVANTAGE FUNDS MERGED TO FORM THE NEW WELLS FARGO FUND FAMILY. YOU WILL RECEIVE A PROSPECTUS AND INFORMATION ABOUT THE NAME CHANGE IN THE MAIL. IF YOU HAVE QUESTIONS OR CONCERNS ABOUT YOUR ACCOUNT, PLEASE CALL THE CUSTOMER SERVICE NUMBER .ON YOUR STATEMENT. DATE TRANSACTION 12/01 CUSTOMER DEPOSIT 12/01 CUSTOMER DEPOSIT 12/02 BANK ORIGINATED ENTRY 12/02 CUSTOMER DEPOSIT _ 12/02 BUSINESS LOAN ADVANCE CUSTOMER# 2641788265 OBLIGATION# 0000000026 12/03 BANK ORIGINATED ENTRY 12/03 BANK ORIGINATED ENTRY 12/03 CUSTOMER DEPOSIT 12/06 TELEPHONE TRANSFER 12/06 CUSTOMER DEPOSIT 12/06 OVERDRAFT PROTECTION TRANSFER TO CHECKING - 12/07 CUSTOMER ORDER (CHECKS/DEPOSIT SLIPS/OTHER) 12/07 DELIVERY ANDAPPLICABLETAX 12/07 CUSTOMER DEPOSIT 12/07 OVERDRAFT PROTECTION TRANSFER TO CHECKING 12/08 CUSTOMER DEPOSIT 12/08 OVERDRAFT PROTECTION TRANSFER TO CHECKING CONTINUED AMOUNT: 3,641.774 46,507.60+1 136,462.97-r �1,687.24+; -'I00,000.10� V 600.00-% 14, 300.00-y NA8,813.58* 24, 023.12+y .,�j,A3 _90- �+-\\ 7.82- 1 11840.87+°' (' 355.36-V "r► \I 589.14+k N -1.,.j 873•35-/ 363 fill • - WELLS FARGO STATEMENT J) PRINTED ON RECYCLED PAPER MEMBER FINc r . WELLS FAR(3rO BANS FOUNDATION FOR THE RETARDED PAGE 2.0F 3 THIS STATEMENT COVERS: 12/1/99 THROUGH 12/31/99 DETAILS DATE TRANSACTION AMOUNT• 12/09 CUSTOMER DEPOSIT -*4 N1,914.41+L 12/09 OVERDRAFT PROTECTION TRANSFER TO CHECKING 12/10 TELEPHONE TRANSFER 12/10 CUSTOMER DEPOSIT 2,4 12/10 OVERDRAFT PROTECTION TRANSFER TO CHECKING 4,695-.1.4 12/13 BANK ORIGINATED ENTRY 12/13 BANK ORIGINATED ENTRY 12/13 CUSTOMER:DEPOSIT, 12/14 CHECK(S) NOT RECEIVED IN DEPOSIT OF 12/14 12/14 CHECK(S) NOT RECEIVED IN DEPOSIT OF 12/14 CUSTOMER NrX 1,97-.3944 12/14 �4C 12/15 CUSTOMER DEPOSIT 12/15 BANK ORIGINATED ENTRY,--.-., 12/15 OVERDRAFT PROTECTION TRANSFER TO CHECKING 12/16 CUSTOMER DEPOSIT 12/16 CUSTOMER DEPOSIT r'40*0 5 12/16 OVERDRAFT PROTECTION TRANSFER TO CHECKING Q) 12/17 BANK ORIGINATED ENTRY 1.48._234 12/17 BANK .ORIGINATED ENTRY An 12/17 BANK ORIGINATED ENTRY -123i,666,3Z 12/17 CUSTOMER DEPOSIT .- t 12/17 OVERDRAFT PROTECTION TRANSFER TO CHECKING 12/20 BANK ORIGINATED ENTRY Do: 12/20 CUSTOMER DEPOSIT 12/20 OVERDRAFT PROTECTION TRANSFER TO CHECKING v -40 12/21 TELEPHONE TRANSFER 12/21 CUSTOMER DEPOSIT 8,64 12/22 CUSTOMER DEPOSIT 12/28 TELEPHONE TRANSFER 12/28 CUSTOMER DEPOSIT 12/29 CUSTOMER DEPOSIT 12/30 BANK ORIGINATED ENTRY 12/30 BANK ORIGINATED ENTRY 12/30 CUSTOMER DEPOSIT vu 12/30 CUSTOMER DEPOSIT 12/31 DIVIDENDS PAID/REINVEST THIS PERIOD 10 SWEEP TRANSACTIONS DATE 12/01 12/02 12/03 12/06 12/07 12/08 12/09 12/10 12/13 12/14 12/15 12/16 12/17 12/20 12/21 12/22 12/23 12/24 12/2& 12/29 17/ %ft BANK ACCOUNT 5,543.71- 14,564.76- 13,345.18+ 10,467.27+ 13,975.72- 31,543.97- 11,273.75+ 3,762.15+ 26,754.04+ 4,960.97- 133,520.97- 3,791.07- 41,241.52+ 5,613.04- 21,110-.98+ 105,839.46- 2,328-11- 200-00- 94,:133.62+ 6,194.61- 109,691.86+ CONTINUED WELLS FARGW­ MONEY MARKET FUND-, 5,543.71 14,564 * 76*'. 13.,345 18;-�. 10,467:27 13,975.7i+ 11, 27375 - "- 3,762- 26,754.,84 4,160 ':'97 1,33,320 :917+1'rl 3, L u.'J 0,53 2-,32 � 20 94,13 1091,69. 1) PRINTED ON RECYCLED PAPER 6867-670580 WEI.IS FARGO BANK FOUNDATION FOR THE RETARDED PAGE 3 OF 3 THIS STATEMENT COVERS: 12/1/9.9 THROUGH 12/31/99 SWEEP TRANSACTIONS + DENOTES SWEEPS TO THE ACCOUNT - DENOTES SWEEPS FROM THE ACCOUNT THE SWEEP TRANSACTIONS ARE SETTLED INTHEFUND, AND FUND SHARES ARE ACTUALLY PURCHASED AND REDEEMED, ON THE BUSINESS DAY IMMEDIATELY FOLLOWING THE DATE OF THE SWEEP SHOWN ABOVE. BALANCE DATE BALANCE DATE BALANCE DATE BALANCE` INFORMATION 12/01 10,155.05 12/09 35,777.41 12/20 220,374.28. 12/01 60,304.42 12/10 32,393.00 12/21 194,339.18 12/02 2-5,528.69 12/13 6,747.58 12/22 197,:630.87 12/03 29,442.27 12/14 149,875.83 12/28 116,:001.79 12/06 14,370.30 12/15 149,6.25.27 12/29 1.17,457.74 12/07 45,804.0.9 12/16 292,066.15 12/30 -2,898.3801 12/08 47,519.88 12/17 118,585.74 12/31 -2,539.1701 BALANCES SHOWN ARE EACH DAY'S ENDING BALANCES FOR THE ACCOUNT OVERALL, INCLUDING BOTH MONEY IN THE BANK ACCOUNT AND MONEY SWEPT TO THE WELLS FARGO MONEY MARKET FUND. ONE CALL YOUR ACCOUNT ENTITLES YOU TO 5 COMPLIMENTARY CALLS EACH S.TATEMENT.PERIOD,'AFTER; 24-HOUR WHICH ADDITIONAL ONE CALL BUSINESS AGENT CALLS MAY BE CHARGED $1.50 EACH,.AND... BUSINESS ADDITIONAL TOUCH-TONE ACCESS CALLS MAY BE CHARGED $0.50,EACH. SERVICE YOU MADE 0 BUSINESS AGENT CALLS AND 1 ACCESS CALL THIS STATEMENT PERIOD FOR NO CHARGE. DIRECT INQUIRIES TC: 74750 HIGHWAY 111 INDIAN WELLS, CA. 92210 760-836-0870 w 'I•fi FI INDIAN WELLS OFFICE FOUNDATION FOR THE RETARDED OF THE DESERT SHORT TERM CASH 73255 COUNTRY CLUB DR PALM DESERT CA 92260 C L O S I N G TYPE: MNY MKT BUS & PUBLIC DATE: 12/31/99 ENCL 0 TAX ID: 95-6006700 - BANK 024 0045302199 PAGE: 1 BRANCH 045 QUICKSERVE YOUR "AFTER HOURS" INFORMATION SOURCE SIMPLY CALL TOLL FREE ANYTIME BETWEEN 6:00 AM AND MIDNIGHT FOR INFORMATION ON YOUR ACCOUNTS 1-888-217-5264 •----------------------------------------------------------------------------------------------- 0045302199 SUMMARY FOR MNY MKT BUS & PUBLIC •----------------------------------------------------------------------------------------------- BEGINNING BALANCE 12/01/99 82,789.12 DEPOSITS / MISC CREDITS 5 4,505.65 WITHDRAWALS / MISC DEBITS 8 87,294.77 ** ENDING BALANCE 12/31/99 .00 ** SERVICE CHARGE .00 INTEREST PAID .00 INTEREST PAID YEAR TO DATE 1,988.59 MINIMUM BALANCE 0 AVERAGE RATE / CYCLE DAYS 1.92741 / 31 - - - - - - - - - - - - - - - MISCELLANEOUS DEBITS AND CREDITS - - - - - - - - - - - - - - - DATE AMOUNT DESCRIPTION 12/01/99 fi+ 5.00 DR NABANCO/NAB DEP 12/02/99 330.80 CR ABANCO/NAB DE 12/03/99 13.00 DR NOWS SERVICES/SETTLEMENT 12/03/99 4,.11-307.22 DR N D 12/06/99 151.70 CR RICAN EXPRESS NT 12/13/99 DR P TRNSFR DEBIT 12/15/99 111 �i8,388.00 DR RDEV TREAS 310/FEDPREAUTH REF*LD*04-033-0956006700-01*RURAL DEV PR 12/16/99 -�150,000.00 DR✓ DD Checkin2 45505685 12/17/99 225.06 CR OWS SERVICES/SETTLEMENT 12/17/99 3,773.80 CR NABANCO/NAB D 3 7� 014 DIRECT MOUIRIES TO: 74750 HIGHWAY 111 INDIAN WELLS, CA. 92210 760-836-0870 rl--VA-mm INDIAN WELLS OFFICE C L O S I N G FOUNDATION FOR THE RETARDED OF THE TYPE: MNY MKT BUS & PUBLIC DATE: 12/31/99 ENCL 0 TAX ID: BANK 024 0045302199 PAGE: 2 BRANCH 045 — — ACCOUNT D — — 12/20/99 24.29 CR AMERICAN EXPRESS SETTLEMEN 12/27/99 �tx 31.23 DR qe BANCO/!� 12/29/99 v 18,550.32 DR ✓ TELEPHON D BIT — — — — — — — — — — — — — — — — — DAILY BALANCE SUMMARY — — — — — — — — — — — — — — — — — — — DATE BALANCE DATE BALANCE 12/01/99 82,784.12 12/16/99 14,558.40 12/02/99 83,114.92 12/17/99 18,557.26 12/03/99 82,794.70 12/20/99 18,581.55 12/06/99 82,946.40 12/27/99 18,550.32 12/13/99 72,946.40 12/29/99 .00 12/15/99 64,558.40 12/31/99 .00 373 1 a 6867-670580 .mmmm .mmmm mom.. WILLS MUM0 SANK ...:..moms �- WELLS FARGO BANK, N.A. #0689 NAT'L BUSINESS BANKING CENTER — PO BOX 340214 SACRAMENTO, CA 95834-0214 y— FOUNDATION FOR THE RETARDED N FOR ONE CALL SERVICE 73-255 COUNTRY CLUB DIAL 1-800-CALL WELLS PALM DESERT CA 92260-2309 (800-225-5935) 24 HOURS/DAY, 7 DAYS/WEI PAGE 1 OF 2 THIS 'STATEMENT COVERS: 1/l/00 THROUGH 1/31/00 MONEY MARKET SUMMARY ACCESS ACCOUNT 6867-670580 PREVIOUS BALANCE 2,539.170D WELLS FARGO DEPOSITS 533,762.82+ MONEY MARKET FUND DIVIDENDS PAID/REINVESTED 157.35+ ENDING BALANCE 40,250.4, WITHDRAWALS 385,480.82— BANK ACCOUNT ONE CALL CHARGES .00— ENDING BALANCE 105,612.71 OTHER SERVICE CHARGES 37.00— DIVIDENDS PAID IN 2000 157.3! ► NEW BALANCE 145,863.18 7—DAY CURRENT YIELD AS OF 1/31/00 5.1' 30—DAY CURRENT YIELD AS OF 1/31/00 S.I: * REFER TO THE REVERSE SECTION, "IMPORTANT INFORMATION REGARDING YOUR MONEY MARKET ACCESS ACCOUNT' NOT FDIC INSURED * NO BANK GUARANTEE MAY LOSE VALUI DETAILS - DATE TRANSACTION AMO.* 1/04 CUSTOMER DEPOSIT 15,6 ut 1/04 OVERDRAFT PROTECTION TRANSFER TO CHECKING 9r8 CUSTOMER D 1/06 TELEPHONE1/05 TRANSFER �12EPOSIT ,4.RZ. 1/06 CUSTOMER DEPOSIT:" 1/06 CUSTOMER DEPOSIT 8; 1/67 TELEPHONE TRANSFER 45 u 1/07 CUSTOMER DEPOSIT 2 1/10 CUSTOMER DEPOSIT . 1/11 CUSTOMER DEPOSIT 1/12 CUSTOMER DEPOSIT 1/13 CUSTOMER DEPOSIT �`43. 1/14 NOVUS SERVICES SETTLEMENT 601101300375902 i 1/14 CUSTOMER . DEPOSIT 1/18 TELEPHONE TRANSFER 1/18 TELEPHONE TRANSFER v 100;Q 1/18 TELEPHONE TRANSFER 1/18 CUSTOMER DEPOSIT 1/18 CUSTOMER DEPOSIT , 1/18 AMERICAN EXPRESS SETTLEMENT 5047804828. 76.72 FOUNDATION F5047804828 1/19 CUSTOMER DEPOSIT '7 1/19 OVERDRAFT CHARGE 32.: 1/20 TELEPHONE TRANSFER 1/20 CUSTOMER DEPOSIT 1/21 CUSTOMER DEPOSIT 1/21 FEE FOR DEPOSITED/CASHED CHECK RETURNED 1/21 DEPOSITED/CASHED-CHECK RETURNED UNPAID �►I, CONTINUED 3 7 4 (� 1 FARGOYOUR WELLS STATEMENT ® PRINTED ON RECYCLED PAPER M 6867-670580 mama. mama. mama W IT.Ts FAR,GO BANS + FOUNDATION FOR THE RETARDED mama PAGE 2 OF 2 THIS STATEMENT COVERS: 1/1/00 THROUGH 1/31/00 DETAILS DATE TRANSACTION AMOUN 1/24 CUSTOMER DEPOSIT 51.,:2452 1/25 CUSTOMERDEPOSIT- 5,24T.A 1/26 CUSTOMER DEPOSIT ��45,2033W.-f 1/27 TELEPHONE TRANSFER 1/27 RDEV TREAS- 310 FEDPREAUTH 956006700122004 848t7o FOUNDATION FOR THE RET REF*LD*04-033-0956006700-01*RURAL DEV PR 1/27 CUSTOMER DEPOSIT 2,3744�,19 �flO,O=.o 1/28 TELEPHONE TRANSFER 1/28 CUSTOMER DEPOSIT 2 0' -,.4 1/31 CUSTOMER DEPOSIT 105,972Ii02 1/31 DIVIDENDS PAID/REINVEST THIS PERIOD SWEEP WELLS FARGO TRANSACTIONS DATE BANK ACCOUNT MONEY MARKET FUND 1/0.5 3,541.82- 3,541.82+ 1/06 3,541.82+ 3,541.82- 1/07 &,276.96- 8,276.96+ 1/1.0 2,444.53- 2,444.53+ 1/11 661.13- 661.13+ 1/12 45,141.15- 45,141.15+ 1/13 37,938.30- 37,938.30+ 1/14 4..533.17- 4,533.17+ 1/18 98,995.24+ 98,995.24- 1/19 31,526.57- 31,526.57+ 1/20: 683.09- 683.09+ 1/21 905.50- 905.50+ 1/24 4,558.96- 4,558.96+ 1/25 50,553.47- 50,553.47+ 1/26 2,036:16- 2,036.16+ 1/27` 44,842.21+ 44,842.21- - 1/28 - 7,075.66+ 7,075.66- 1/31 1,904.54- 1,904.54+ + DENOTES SWEEPS TO THE ACCOUNT - DENOTES SWEEPS FROM THE ACCOUN THE SWEEP TRANSACTIONS ARE SETTLED IN THE FUND, AND FUND SHARES ARE ACTUALLY PURCHASED AND REDEEMED, ON THE BUSINESS DAY IMMEDIATELY FOLLOWING THE DATE -OF THE SWEEP SHOWN ABOVE. BALANCE DATE BALANCE DATE BALANCE DATE BALANC INFORMATION 1/01 -2,539.170D 1/11 60,300.96 1/21 36,986.7' 1/04 -3,287.88 1/12 94,716.66 1/24 88,232.0 1/05 5,695.67 1/13 97,485.05 1/25 93,479.6' 1/06 2,617.55 1/14 100,975.83 1/26 98,710.2' 1/07 9,823.62 1/18 32,226.08 1/27 47,697..1' 1/10 10,852.01 1/19 32,984.06 1/28 39,734.61 1/20 34,050.59 1/31 1.45,863.1; BALANCES SHOWN ARE EACH DAY'S ENDING BALANCES FOR THE ACCOUNT OVERALL, INCLUDING BOTH MONEY IN THE BANK ACCOUNT AND MONEY SWEPT TO THE WELLS FARGO MONEY MARKET FUND. ONE CALL PERIOD, AFTEI YOUR ACCOUNT ENTITLES YOU TO 5 COMPLIMENTARY CALLS EACH STATEMENT 24-HOUR WHICH ADDITIONAL ONE CALL BUSINESS AGENT CALLS MAY BE CHARGED $1.50 EACH, AND BUSINESS ADDITIONAL TOUCH-TONE ACCESS CALLS MAY BE CHARGED_$0..50 EACH. SERVICE YOU MADE 0 BUS'INESS AGENT CALLS AND O ACCESS CALLS THIS STATEMENT PERIOD FOR NO CHARGE. 1 MEMBER FM® PRINTED ON RECYCLED PAPER 6867-670580 VVE &S FARGO BANK + - WELLS FARGO BANK, N.A. #0689 NAT'L BUSINESS BANKING CENTER - PO BOX 340214 SACRAMENTO, CA 95834-0214 FOUNDATION FOR THE RETARDED N 73-255 COUNTRY CLUB PALM DESERT CA 92260-2309 PAGE 1 OF 3 THIS STATEMENT COVERS% 2/l/00 THROUGH 2/29/00 MONEY MARKET SUMMARY ACCESS ACCOUNT 6867-670580 PREVIOUS BALANCE 145'863.`19 DEPOSITS 571,485.05+ DIVIDENDS PAID/REINVESTED 200.96+ WITHDRAWALS 583,422.44- ONE CALL CHARGES .00- OTHER SERVICE CHARGES .00- ► NEW BALANCE 134,126.75 --. ..mom FOR ONE CALL SERVICE DIAL 1-800-CALL WELLS (800=225-5935) 24 HOURS/DAY, 7 DAYS/WEE WELLS FARGO MONEY MARKET FUND ENDING BALANCE 66,313.91 BANK ACCOUNT ENDING BALANCE 671.812.94 DIVIDENDS PAID IN.2000" 358.31 7-DAY CURRENT YIELD AS OF 2/29/00 5.2.4 30-DAY CURRENT YIELD AS OF 2/29/00 5.17 REFER TO THE REVERSE SECTION, "IMPORTANT INFORMATION REGARDING YOUR MONEY MARKET ACCESS ACCOUNT" NOT FDIC INSURED NO BANK GUARANTEE MAY LOSE VALUE DETAILS DATE TRANSACTION AMOUNT 2/01 CUSTOMER DEPOSIT'"BO 2/02 BANK ORIGINATED ENTRY► 2/02 2/02 TELEPHONE TRANSFER, CUSTOMER DEPOSIT %6 2/03 NOVUS SERVICES SETTLEMENT 601.101400375902 FOUNDATION FOR THE RET 2/04 TELEPHONE.TRANSFER 2/04 CUSTOMER DEPOSIT 4' 2/04 CUSTOMER DEPOSIT 2/07 CUSTOMER DEPOSIT sa36 2/08 NOVUS SERVICES SETTLEMENT 601101300375902 .23.4;0 FOUNDATION FOR THE RET 2/09 TELEPHONE TRANSFER 7H 2/09 CUSTOMER DEPOSIT 2/09 CUSTOMER DEPOSIT F;MW 00 2/09 CUSTOMER DEPOSIT - 2/10 CUSTOMER DEPOSIT 2/10 OVERDRAFT PROTECTION TRANSFER TO CHECKING 2/11 OVERDRAFT PROTECTION TRANSFER TO CHECKING 2/14 TELEPHONE TRANSFER 2/14 TELEPHONE TRANSFER ` 2/14 CUSTOMER DEPOSIT 2/14 CUSTOMER DEPOSIT'�� '1 2/14 AMERICAN EXPRESS SETTLEMENT 5047804828 27�6:9 FOUNDATION F5047804828 2/15 RDEV TREAS 310 FEDPREAUTH 956006700122004 :B FOUNDATION FOR THE RET REF*LD*04-033-095600'6700-01*RURAL DEV PR CONTINUED YOUR A' • STATEMENT ® PRINTED ON RECYCLED PAPER MEMBER FOX. 6867=670580 WELLS FA 1GrO E ANS FOUNDATION FOR THE RETARDED PAGE 2 OF 3 THIS STATEMENT COVERS: 2/l/00 THROUGH 2/29/00 DETAILS DATE TRANSACTION AMOUNT 2/15 CUSTOMER DEPOSIT 27;75:38 2/15 NOVUS SERVICES SETTLEMENT 601101300375902 _ '23.80 FOUNDATION FOR THE RET 2/15 OVERDRAFT PROTECTION TRANSFER TO CHECKING 23", 2/16 TELEPHONE TRANSFER Ulm _2/16 -CUSTOMER DEPOSIT 2/16. CUSTOMER DEPOSIT 2/16 OVERDRAFT PROTECTION TRANSFER TO CHECKING 11 1 2/17 OVERDRAFT PROTECTION TRANSFER TO CHECKING 3,-57r:_4 2/19 CUSTOMER,`DEPOSIT 'Z 9 2/18 CUSTOMER DEPOSIT 2,'4r549 2/18 OVERDRAFT PROTECTION TRANSFER TO CHECKING 2/22 CUSTOMER DEPOSIT ��94.324 2/22 AMERICAN EXPRESS SETTLEMENT 5047804828 3,148.05 FOUNDATION F5047804829 2/22 OVERDRAFT PROTECTION TRANSFER TO'CHECKING 2"4� - a 2/23 BANK ORIGINATED ENTRY 9f0;'QD 2/23 BG ONLINE -XFER TRANSFER FED 23 OL 50OQ0"`RO 2/23 CONF 37530241 CUSTOMER DEPOSIT lw 5,1330 2/25 BG ONLINE XFER PR TO MM FEB 25 35;Q0Dr CONF 37735624 R 2/28 CUSTOMER.DEPOSIT 2/28 CUSTOMER DEPOSIT c'W.5M�4 2/28 CUSTOMER DEPOSIT 2/29 CUSTOMER DEPOSIT �3 62;I50: 2 2/29 DIVIDENDS PAID/REINVEST THIS PERIOD 3, 20i6 SWEEP WELLS FARGO TRANSACTIONS DATE BANK ACCOUNT MONEY MARKET FUND �C 2/01 107,144.79- 107,144.79+ 2/02 125,877.89+ 125,877.89- 2/03 4,997.59- 4,997.59+ 2/04 15,368.56+ 15,368.56- 2/07 38,325.45- 38,325.45+ 2/08 11,878.37- 11,878.37+ 2/'09 61,350.17+ 61,350.17- 2/11 2,077.04- 2,077.04+ 2/14 2477.04+ 2,077.04- 2/17 144,846.72- 144,846.72+ Z/18 3,258,15+ 3,258.15- 2/22 4,049.08- 4.,049.08+ 2/23 138,375..07+ 138,375.07- 2/24 .. Z/25 3, 986.62- 35, 574.17- - 3, 986.62+ 35, 574.17+ . . -'2/28 2,892.67- 2,892.67+ 2/29 16, 597.87- 16,597.87+ y + DENOTES SWEEPS TO THE ACCOUNT - DENOTES SWEEPS FROM THE ACCOUNT THE SWEEP TRANSACTIONS ARE SETTLED IN THE FUND, AND FUND SHARES ARE ACTUALLY PURCHASED AND REDEEMED, ONTHE'BUSINESS DAY IMMEDIATELY FOLLOWING THE DATE OF THE SWEEP SHOWN ABOVE. BALANCE DATE BALANCE DATE BALANCE DATE BALANCE INFORMATION 2/01 145,863.18 2/07 61,326.77 2/14 12,333.17 2/01 179,753.98 2/08 61,350.17 2/15 8,586.29 2/02 26,553.91 2/09 2,111.21 2/16 148,605.18 2/03 26,514.91 2/10 7,766.94 2/17 145,077.74 2/04 48,490.54 2/11 2,119.06 2/18 144,229.58 CONTINUED �77t�17 YOUR WELLS FARGO STATEMENT ® PRINTED ON RECYCLED PAPER MEMOM FDIC 6867-670580 NVELTZ FARGO BANS + FOUNDATION FOR THE RETARDED -- PAGE 3 OF 3 THIS STATEMENT COVERS: 2/1/00 THROUGH 2/29/00 BALANCE DATE BALANCE DATE BALANCE DATE BALANCE INFORMATION 2/22 146,687.47 2/2311,823.37 2/28 71,775.41 2/25' 46,823.37 2/29 134,126.7! BALANCES SHOWN ARE EACH DAY*S ENDING BALANCES FOR THE ACCOUNT OVERALL, INCLUDING BOTH MONEY IN THE BANK ACCOUNT AND MONEY SWEPT TO THE WELLS FARGO MONEY MARKET FUND. ONE CALL YOUR ACCOUNT ENTITLES YOU TO 5 COMPLIMENTARY CALLS EACH STATEMENT PERIOD, AFTEF 24-HOUR WHICH ADDITIONAL ONE CALL BUSINESS AGENT CALLS MAY BE CHARGED 01.50 EACH, AND BUSINESS ADDITIONAL TOUCH-TONE ACCESS CALLS MAY BE CHARGED $0.50 EACH. SERVICE YOU MADE 0 BUSINESS AGENT CALLS AND 0 ACCESS CALLS THIS STATEMENT PERIOD FOR NO CHARGE. 3 ISO (I • - WELLS FARGO STATEMENT ® PRINTED ON RECYCLED PAPER MEMBER RxC. FOUNDATION FOR THE RETARDED BUDGET FOR 19992000 TOTAL ESTIMATED ACCT # ACCOUNT NAME BUDGETED AMTS TOTALS 4000 SALES 1,350,000.00 4001 SALES RETURNS AND ALLOWANCES (4,500.00) 4005 CLIENT SERVICE FEES 3,361,318.17 4006 RESIDENTIAL REVENUE 247,200.00 4010 GREETING CARD SALES 35.00 4015 BEVERAGE SALES 15,681.48 4200 UNITED WAY GRANT 37,000.00 4210 GRANTS 100,000.00 43M DONATIONS 75,000.00 4400 MEMBERSHIP DUES 1,590.75 4401 LARC'S-FUNDRAISER INCOME 58,000.00 4402 INTEREST INCOME - 4403 ROOM USE DONATION 17,055.15 4999 MISCELLANEOUS INCOME 18,984.97 5,277,565.52 5000 COST OF SALES (472,500.00) 6000 WAGES -TRAINEES (394,271.90) 6005 WORKERS COMP -TRAINEES (22,000.00) 6010 PROGRAM SUPPLIES (59,489.01) 8000 WAGES -STAFF (2,436,395.52) 8100 PAYROLL TAXES -STAFF (216,048.00) 8200 HEALTH/DENTAULIFE INSURANCE (176,477.00) 8205 WORKERS COMP -STAFF (138,000.00) 8300 TEMPORARY HELP (30,515.06) 8600 RENT (50,000.00) 8605 DISPOSAL FEES (18,599.02) 8610 UTILITIES (108,000.00) 8615 BUILDING & GROUNDS MAINTENANCE (29,081.67) 8620 EQUIPMENT & FURNITURE MAINTENANCE (26,218.78) 8625 INSURANCE (72,427.00) 8630 BUSINESS LICENSE & PERMITS (2,617.65) 8635 PROPERTY TAXES (3,347.09) 8640 OFFICE SUPPLIES (19,298.85) 8645 JANITORIAL SUPPLIES (10,376.54) 8650 PRINTING (10,447.71) 8651 OTHER SUPPLIES (839.00) 8655 POSTAGE (9,756.19) 8660 TELEPHONE EXPENSE (41,779.35) 8665 VEHICLE REPAIRS & MAINTENANCE (168,000.00) 8670 VEHICLE LICENSE & PERMITS (10,500.00) 8675 GASOLINE/NATURAL GAS (84,000.00) 8680 MILEAGE REIMBURSMENTS (29,752.91) 8685 PROFESSIONAL FEES (60,000.00) 8695 DUES-CRA (5,866.67) 8700 PUBLICATIONS/SUBSCRIPTIONS (1,683.20) 8705 MEMBERSHIPS/DUES (2,085.30) 8710 MEETINGS & CONFERENCES (15,560.30) 8715 STAFF DEVELOPMENT & TRAINING (16.604.19) 8720 PUBLIC RELATIONS 8725 BOARD EXPENDITURES (4,800.00) 8730 REOREATION & SOCIALIZATION (165.54) 8735 LARC'S-FUNDRAISER EXPENSE (37,000.00) 8740 BANKIPAYROLL FEES (10,400.43) 8745 ADVERTISING (90,000.00) 8750 CASH OVER (SHORT) - 8755 INTEREST EXPENSE (133,000.00) 9000 DEPRECIATION (250,000.00) 9100 ADMIN/RES DEV ALLOCATION 9900 MARKETING 9901 WORKSHOP BUILDING (RAFFERTY) 9999 MISCELLANEOUS EXPENSE (7,885.43) (5,275,739.31) 1,576.21 vin OMB Nit. IS45-0047 Form 990 Return of Organization Exempt From Income Tax Under section 501(c) of the Internal Revenue Code (except black lung benefit trust or private foundation) or section 4947(ax1) nonexempt dtlariteNe trust Department of the Treasury internal Revenue Service Note: The organization may have to use a copy of this return to satisfy state reporting requirements. A For the 19M calendar ear, OR tax vear Deriod becinnina7 01 1996 and endin 6 3 0 B Check If: Plow C ❑ Change of address use IRS label or ❑ Initial return printQ FOUNDATION FOR THE RETARDED OF THE DSRT ❑ Final return Isle 7 3 - 2 5 5 COUNTRY CLUB DR. ❑ Amended return sp""ie PALM DESERT, CA 92260 (required also for Statereporting) 1998 This Far is open towbro 19 99 N Employer kisntlfi�avt newer 95-6006700 E Teisphonenwai r (760)346-1611 F Check ► 13 if exemption application is pending G Type of organization ► Exempt under section 501(c) ( 3 )'4 (insert number) OR ► U section 4947(a)(1) nonexempt charitable trust Note: Section 501(c)(3) exempt organizations and 4947(a)(1) nonexempt charitable trusts MUST attach a completed Schedule A (Form 990). H(a) Is this a group return filed for affiliates? ........................ L1 Yes 0 No I If either box in H Is checked "Yes," enter four -digit group (b) If "Yes," enter the number of affiliates for which this return is filed:. ► exemption number (GEN) ► (c) Is this a separate return filed by an organization covered by a J Accounting method: ❑ Cash A=ual group ruling? ............................................. ❑ Yes ® No ❑ Other ( ) ► ..................... K Check here ► U if the organization's gross receipts are normally not more than $25,000. The organization need not file a return with the IRS; but If it received a Form 990 Package in the mail, it should file a return without financial data. Some states require a complete return. Note: Form 990-EZ may be used by organizations with gross receipts less than $100,000 and total assets less than $250,000 at end of Re venue, Expenses, and Changes In Net Assets or Fund Balances Seespecific Instructions opage n 13.) R E v E N u 1 Contributions, gifts, grants, and similar amounts received: a Direct public support ................................................ 1a 1, 144 , 4 5 9 b Indirect public support ............................................... lb 34,489 c Government contributions (grants) ...................................... 1c 431,154 d Total (add lines 1a through 1c) (attach schedule of contributors) .......:... (cash $ 1,610,102 noncash $ ) ........ SEE - STATEMENT ... l 2 Program service revenue including government fees and contracts (from Part VII, line 93).................... 3 Membership dues and assessments ............................................................. 4 Interest on savings and temporary cash investments ............................................... 5 Dividends and interest from securities .................................... .. ................ ea Gross rents ....................................................... 6a'"'<w b Less: rental expenses ................................................ 6b c Net rental income or (loss) (subtract line 6b from line 6a)............................................. 7 Other investment income (describe ► ) (A Securities (B) Other as Gross amount from sale of assets other than inventory .... 187, 766 as b Less: cost or other basis and sales expenses ........... 175, 000 ale c Gain or (loss) (attach schedule) . STATEMENT..... 2 12, 766 ac d Net gain or (loss) (combine line 8c, columns (A) and (B))............................................ 9 Special events and activities (attach schedule) SEE STATEMENT 3 a Gross revenue (not including $ of contributions reported on line 1a) ................................................. sa 55,561 b Less: direct expenses other than fundraising expenses ...................... 9b 36,690 c Net income or (loss) from special events (subtract line 9b from line 9a).................................. 10a Gross sales of invent ... l0a 2 3 4 6 2 4 inventory, less returns and allowances ..................... b Less: cost of goods sold ............................................. 10b c Gross profit or (loss) from sales of inventory (attach schedule) (subtract line 10b from line 10a)SEE . STM... 4 11 Other revenue (from Part VII, line 103).......................................................... 12 Total revenue (add lines 1 d, 2, 3, 4, 5, 6c, 7, 8d, 9c, 10c, and 11).. .................................... 1,610,102 Y '> ld 2 3,788,403 3 1,515 4 20,834 5 '>K 6C 7 12,766 ad 18,871 96 234,624 10c 11 38,225 12 5,725,340 E P14 N E s 13 Program services (from line 44, column (B))...................................................... Management and general (from line 44, column (C))............................................... 15 Fundraising (from line 44, column (D)).......................................................... 16 Payments to affiliates (attach schedule).......................................................... 17 Total expenses (add lines 16 and 44, column (A)).. ................................................ 13 3,869,366 14 902,411 15 16 17 4,771,777 A s T T s la Excess or (deficit) for the year (subtract line 17 from line 12).......................................... 19 Net assets or fund balances at beginning of year from line 73, column A 20 Other changes in net assets or fund balances (attach explanation) ..................................... . . 21 Net assets or fund balances at end of year combine lines 18, 19, and 20 ............................... la 953,563 19 2,777,017 20 21 C"B 730580 KFA For Paperwork Reduction Act Notice, see page 1 of the separate Instructions. i 0 A�/'1C H ED . Form 990 (I Oe) V 1- 4- Form eeo##t��+�e) FOUNDATION FOR THE RETARDED OF THE DSRT 9 5- 6 0 0 6 7 0 0 Pap 2 +FiYS Statement of All organizations must complete column (A} Columns (s), (C), and (D)are required for section 501(cx3)ano (4) organizatlons and Functional Emenses section 4947(aI(t) nonexempt charitable trusts but optional far others. (See Speciflc Instructions on page 17.) Do not include amounts reported on line 6b, 8b, 9b, 10b, or 16 of Part 1. (A) Total (B) program services (C) Management (p) Fundraising and general 22 Grants and allocations (att. sch.) ............... non cash ) s cash i 23 Specific assistance to individuals (att. sc ) . f members att. h. e )......... P 24 B refits aid to a' air a bars sc 25 Compensation of officers, directors, etc........... 26 Other salaries and wages ...................... 27 Pension plan contributions ..................... 28 Other employee benefits ...................... 29 Payroll taxes ................................ 30 Professional fundraising fees ................... 31 Accounting fees ............................. 32 Legal fees ................................. 33 Supplies ................................... 34 Telephone ................................ 35 Postage and shipping ........................ 36 Occupancy .................................. 37 Equipment rental and maintenance .............. 38 Printing and publications ...................... 39 Travel .................................... 40 Conferences, conventions, and meetings.......... 41 Interest .................................... 42 Depreciation, depletion, etc. (attach schedule) ...... 43 Other expenses (itemize): a STATEMENT 5 b 22 ?Yitiii'iiiii:+Y'•isi?:=:?:`is'rviiL::Cv:::tiii:<:ji'?:S:ii:ii::: >�w.,.:.....:..::......,...�:.�::,....:•:•:::....:.::::::..;:,...:..;... - " =>£<'?'• :.:?••:•:. ; :w•• �ti<:::��:;°:w�... . :i{:ii'•:<��:!i'::::ii:+��Ti:•i!:>.:ifiv'•i:..:.•ivv v{•:?:4:.vi:•?6'4:Jii^': :{tar.... ? .. . 25 149,896 149, 896 26 2, 428,888 1,769,657 659, 231 27 28 255,573 159,630 95, 943 29 194,571 13 0, 6 0 8 63, 963 30 31 32 33 598,615 566,919 31,696 34 35 36 366,989 303,068 63,921 37 38 39 40 41 9,823 131 9,692 42 218,969 153,351 65,618 43a 548,453 786,0012 - 2 3 7, 5 4 9 43b c 43C d 43d e 43e 44 Total functid l expanses (ado lines 22 thru 43) Organizations completing cownrts (BW1 carry these totals to lines 13 - Is. 44 4,771,777 3,869,366 902,411 0 Reporting of Joint Costs. — Did you report in column (B) (Program services) any joint costs from a combined educational campaign and fundraising solicitation?..................................................................................... No. ❑ Yes ® No If "Yes," enter (1) the aggregate amount of these joint costs $ ; (II) the amount allocated to Program services $ Oill the amount allocated to Management and general S ; and iv the amount allocated to Fundraising $ ':lpirt<fltit Statement of Proaram Service Accomplishments (See Specific Instructions on page 20.) What is the organization's primary exempt purpose? ► SEE SUPPLEMENTAL INFO. STMT 1 All organizations must describe their exempt purpose achievements in a clear and concise manner. State the number of clients g p p p served, publications issued, etc. Discuss achievements that are not measurable. (Section 501(c)(3) and (4) organizations and 4947 a 1 nonexempt charitable trusts must also enter the amount of rants and allocations to others.) ( x ) p g Program Service . Expenses (Requtsdfor 501(cx3) and (4) orgs. and but optional for others.) optional for others.) a SEE STATEMENT 6 3,869,366 (Grants and allocations $ 0) b (Grants and allocations $ ) c (Grants and allocations $ ) d 38i (Grants and allocations $ ) e Other program services attach schedule Grants and allocations S f Total of Program Service Expenses (should equal line 44, column (B), Program services) .............................. ► 3,869,366 Form io o seal FOUNDATION FOR THE RETARDED OF THE DSRT 9 5— 6 0 0 6 7 0 0 Page 3 � Balance Sheets (See Specific instructions on page 20.) Note: Where required, attached schedules and amounts within the description column should be for end -of -year amounts only. (A) Beginning of year (B) End of year 45 Cash - non -interest -bearing .................................................... 1,740 45 1,840 46 Savings and temporary cash investments ........................................... 232,436 46 521,709 47a Accounts receivable ................................... 47a 630,223 b Less: allowance for doubtful accounts ...................... 47b 934 357,441 629,289 47C .................. 48a Pledges receivable ..................................... 4as 131,410 410 9 b Less: allowance for doubtful accounts ...................... 4111b 131,410 49 Grants receivable............................................................ 49 A S S T52 S 50 Receivables from officers, directors, trustees, and key employees (attach sch)............... 51 a Other notes and loans receivable (attach schedule) 51a b Less: allowance for doubtful accounts ...................... 51b Inventories for sale or use ...................................................... 53 Prepaid expenses and deferred charges ........................................... 5o " ;<:;: 51c 20,199 52 21,413 15,915 63 8,261 54 Investments - securities (attach schedule) ......................................... 149,863 54 55a Investments - land, buildings, and equipment: basis.............. .............................. 55a> b Less: accumulated depreciation (attach schedule) ............. 55b w 4 :. s6c 56 Investments - other (attach schedule) ..................... .. ................ 66 57a Land, buildings, and equipment: basis ..................... 57a 6,908,445 '����_�" i b Less: accumulated depreciation (attach schedule)STMT..... .7. 57b 1, 053, 984 2, 061, 870 5,854,461 57c 5a Other assets (describe ►SEE STATEMENT 8 ) 151,610 so 26,132 59 Total assets (add lines 45 through 58) (must equal line 74)............................. 2,991,074 59 7,194,515 1 60 Accounts payable and accrued expenses .......................................... 61 Grants payable.............................................................: 214,057 6o 822,206 61 A B L 62 Deferred revenue .. .. .. 63 Loans from officers, directors, trustees, and key employees (attach schedule) .............. 64 a Tax-exempt bond liabilities (attach schedule) ....................................... 62 63 "aI T b Mortgages and other notes payable (attach schedule) ....... SEE..STATEMENT... 9 64b 2,641,729 1 E S 65 Other liabilities (describe ► ) 65 66 Total liabilities (add lines 60 through 66) .. ......................................... 214,057 66 3,463,935 N T A E T s a Organizations that follow SFAS 117, check here ► 0 and complete lines 67 through 69 and lines 73 and 74. 67 Unrestricted................................................................. 68 Temporarily restricted......................................................... 69 Permanently restricted......................................................... Organizations that do not follow SFAS 117, check here ► ❑ and complete lines 70 through 74. 2,543,227 z? s>< x 3,410,164 67 233,790 6a 320,416 69 :•::,: r: F u N D B � A N C E s 70 Capital stock, trust principal, or current funds ....................................... 71 Paid -in or capital surplus, or land, building, and equipment fund ......................... 72 Retained earnings, endowment, accumulated income, or other funds ..................... 73 Total net assets or fund balances (add lines 67 through 69 OR lines 70 through 72; column (A) must equal line 19 and column (B) must equal line 21)........................ 74 Total liabilities and net assets/fund balances (add lines 66 and 73) ..................... 70 71 72 2 , 7 7' , 017 st: 3,730,580 73 2,991,074 74 7,194,515 Form 990 is available for public inspection and, for some people, serves as the primary or sole source of information about a particular organization. How the public perceives an organization in such cases may be determined by the information presented on its return. Therefore, please make sure the return is complete and accurate and fully describes, in Part III, the organization's programs and accomplishments. 3 8n 024 Form W i, age) FOUNDATION FOR THE RETARDED OF THE DSRT 9 5 - SO 0 6 7 7 0 Page 4 Reconciliation of Revenue per Audited `<F Reconciliation of Expenses per Audited Financial Statements with Revenue per Financial Statements with Expenses per Return (See Specific Instructions, page 22.) Return a Total revenue n and others support suss u ,9 PP r a Total expenses and 1 exp losses per audited al 5,762,030 al 4,808,467 per audited financial statements ......... ► financial statements ..................... ► ..... T::: ':�:�?:�:��:�?`�"`?`�:�:�>'���:'`:�?�?">> vv.:}:{:: ..:::::: •: :: ;::::::. b Amounts included on line a but not on b Amounts included on line a but not on line 12 Form 990: line 17 Form 990• ... V ....... 1 Net unrealized u e81 sins 1 D ousted services VV ;xt•: on investments .... $ and use of facilities... $ . +t ....v........ '-'�:•:•»: 2 Donated services.. t ) vices .+� •\\Yi.+• ..1 \ .\...v �.•+ facilities $ 2 Prior year adjustments c++....... :•... ::.:. � +.:.,.. an use of reported one 20 ?•},,,•..,}••;;:K } IX 3 Recoveries f prior 0 or t) P Form 990 .......... s : •- }� ++4+ M. ?.�:: ,;{•:?ex• : •. tir::: Y� 9r ants ........ $ .........-. V:i:� 3 Losses reported on 0'`+xk J+;.:::.:::Y}:.+:.}:,}:.,J...,•...}:. .. + 4 Others t:jtit•4 1 line 2 F 9 .... 0 Form 90 v•V ..•.4. ..:L. V :... . ??.. . �.-:.. •.... ............................................ 4 VU101 (specify): .V .V v.•�•. SEE STM 10 s 36 690 � SEE STMT 11 ; 36,690 •+ V +}.�.•: '�.. +� . <..<.:z>'-; x ....<�' s„ Add amounts on lines (1) through (4) ..... Ill,b 36,690 bi 36,690 Add amounts on lines (1) through (4) ....... ► c Line a minus line b ................... 0- c 5,725,340 c Line a minus line b ..................... Ili- cl 4,771,777 d Amounts included on line 12 Form 990 but Amounts to n I 7 d ou is eluded o line 1 ;x;;;;•i:;•i:•Y•}i}}:J'•}}}ii}}:}}}';.}}:�i}:•i}}i}i: 4 .. ::i:{. $T::+.....•... ............ V VVv ,... :?•? 3++.: �,+•: `c;•+••:;:.:';+•-:-•:;• ';•:..........+.... not on line a: .............................:..... Form 990 but not on line a: }x .. (1 Investment expenses ) v"Y �ii?iiiiiiii::'ri:'t�::i:;'.;:;:;:;^;:yi:>.�iii::S�ii:iiiSi: 'iii.:L!S+iC�jiviiiiiiiiii:}i? 1 Investment ppyy,��enses not t ) "�Y' •�..r:..�::•:.:{{::�;.::�?�::;:::;:;;•:�v< x}x\?} •. v.,.?•4::::h::::•::::: r} ::.•ti•: is not included on included on line 6b :<:?c;•;,. •+•�%^',.•+:?,•;:�:x-:x;: line 6b Form 990... $ ............................. .... or 990 ........... . $ }tiff:\• ::,•:v:.x::::\{:i;:: Y;:;:;xx'•: (2) Other (specify): 2 () Other (specify):s:»:;:<:>?<::;::::<}?s:•::::.•:: ..........:....::..::....... :.:................ ................................................ ::::.:.................:...........::..... •: •: •:.: ............................................ XK •V. .V - d Add amounts on lines (1) and (2) .......... ► Add amounts on lines (1) and (2) ........ ► d e Total revenue per line 12, Form 990 a Total expenses per line 17, Form 990 line c plus lined ............... lip- e 5,725,3470 line c plus lined ......................► e 4,771,777 List of Officers, Directors, Trustees, and Key Employees (List each one even if not compensated; see Specific Instructions on page 22.) (A) Name and address (a) Title and average hours per week devoted to position p (C) Compensation (if not paid. order (o) Contributions to employee benefit plans deferred compensation (t7 Expense account and otherallowances 3EE STATEMENT 12 149,897 1,200 4,256 383 75 Did any officer, director, trustee, or key employee receive aggregate compensation of more than $100,000 from your organization and all related organizations, of which more than $10,000 was provided by the related organizations? .......................... ► ❑ Yes ® No If "Yes," attach schedule - see Specific Instructions on page 22. %► ,� Form,ciao o acre) FOUNDATION FOR THE RETARDED OF THE DSRT 9 5- 6 0 0 6 7 0 0 ftP S ::. Other Information (See Specific Instructions on page 23.) 1 Yes I No 76 Did the organization engage in any activity not previously reported to the IRS? If "Yes," attach a detailed description of MEOW ti'ti'? '' eachactivity.............................................................................................. 76 X 77 Were any changes made in the organizing or governing documents but not reported to the IRS? .............................. 77 X If "Yes," attach a conformed copy of the changes. MOM M 78 a Did the organization have unrelated business gross income of $1,000 or more during the year covered by this return? ............. 711a X b If "Yes," has it filed a tax return on Form 990-T for this year? ........................... 78b I N A 79 Was there a liquidation, dissolution, termination, or substantial contraction during the year? If "Yes" attach a statement................................................................................... 79 X 80a Is the organization related (other than by association with a statewide or nationwide organization) through common membership, governing bodies, trustees, officers, etc., to any other exempt or nonexempt organization? .................................. eoa X b If "Yes," enter the name of the organization ► N/A "� "x`'}"'• -fir h�•}.`>.:.. \:: �`• }' and check whether it is exempt OR nonexempt ..::}}::i::. tiX. �\ 81 a Enter the amount of political expenditures, direct or indirect, as described in the instructions for line 81 8/8 0 \ ,.: s,.. b Did the organization file Form 1120-POL for this year?.............................................................. 81b X 82a Did the organization receive donated services or the use of materials, equipment or facilities at no c 9barge or at substantially ...:�:}}::}•-. less than fair rental value?................................................................................... am X b If "Yes," you may indicate the value of these items here. Do not include this amount as revenue in Part I or as an expense in Part II. (See instructions for reporting in Part III.) ...................... am 83a Did the organization comply with the public inspection requirements for returns and exemption applications? .................... of X b Did the organization comply with the disclosure requirements relating to quid pro quo contributions? ........................... am X 84 a Did the organization solicit any contributions or gifts that were not tax deductible? ......................................... a4a X b If "Yes," did the organization include with every solicitation an express statement that such contributions or gifts were not ........................... taxdeductible?............................................................................................ Be NIA 86 501(cx4), (5), or (6) organizations. - a Were substantially all dues nondeductible by members? .............................. area NIA b Did the organization make only in-house lobbying expenditures of $2,000 or less? ........................................ 8reb N A If "Yes" was answered to either 85a or 85b, do not complete 85c through 85h below unless the organization received a waiver for proxy tax owed for the prior year.•, c Dues, assessments, and similar amounts from members .................................... \ srec N/A •• :.��:: •ten: '• �:\•, 3+' d Section 162(e) lobbying and political expenditures ......................................... ` acid N A e Aggregate nondeductible amount of section 6033(e)(1)(A) dues notices ......................... eree N/A" ' .• ••mow.}::.• f Taxable amount of lobbying and political expenditures (line 85d less 85e) ....................... SO N/A .;: •#> >Yi r:•.� g Does the organization elect to pay the section 6033(e) tax on the amount in 85f?......................................... NIA h If section 6033(e)(1)(A) dues notices were sent, does the organization agree to add the amount in 85f to its reasonable estimate •� � �••• ��•�• of dues allocable to nondeductible lobbying and political expenditures for the following tax year? .............................. ash I NIA 86 501 c organizations. - Enter: a Initiation fees and capital contributions included on line 12................................... sea N/A b Gross receipts, included on line 12, to public use of club facilities ............................. 86b N/A-�}%�•}:•}::•:>}:::<•}:•.::=-..�:.� 87 501(c)(12) organizations. - Enter: {:::.:• a a Gross income from members or shareholders ............................................. 87a N/A b Gross income from other sources. (Do not net amounts due or paid to other sources against amounts due or received from them.) ..................................................... alb N/Awl 88 At an time during the year, did the organization own a 50% or eater interest in a taxable c ;}•F-:",•• • `, f• Y 9 Y 9 9r corporation or partnership??"'"">}�:•`�:::>'•'•>�•'''•`•'• If"Yes," complete Part IX .................................................................................... ea:.. X Sea 501(c)(3) organizations. - Enter: Amount of tax imposed on the organization during the year under: ,•.: •:...... section 4911► _ 0 ;section 4912 ► 0 ;section 4955 ► ��•�:.��:z;�:i�:_,>_; b 601(c)(3) and 501(c)(4) organizations. - Did the organization engage in any section 4958 excess benefit transaction during '<'•` '' ```" the year? If "Yes," attach a statement explaining each transaction..................................................... 89b X c Enter: Amount of tax imposed on the organization managers or disqualified persons during the year under sections 4912, 4955, and 4958.............................................................................► 0 d Enter: Amount of tax in 89c, above, reimbursed by the organization ................................................ op 0 90a List the states with which a copy of this return is filed ► CALIFORNIA b Number of employees employed in the pay period that includes March 12, 1998 (Sea instructions.) 90b 0 91 The books are in care of ► DR. RI CHARD FARMER Telephone no. ► (7 6 0) 3 4 6 -1611 Located at P. 7 3 - 2 5 5 - COUNTRY CLUB DR, PALM DESERT, CA ZIP + 4 ► 92260 92 Section 4947(a)(1) nonexempt charitable trusts filing Form 990 in lieu of Form 1041 - Check here...... .. ► and enter the amount of tax-exempt interest received or accrued during the tax year ............... ► 1 92 N/A 384 6 Farm epo (l. m) MUNDAT I ON FOR THE RETARDED OF THE DSRT 9 5 - 6 0 0 6 7 0 0 Pap 6 Analysis of Income -Producing Activities (See Specific Instructions on page 27.) Enter gross amounts unless otherwise indicated. Unrelated business income Excluded by section 512. 513, or 514 (E) (A) (B) (C) (D) Related or exempt functi n i 93 Program service revenue: Business code nco Amount Exclusion code Amount ome 3,788,403 aWOR_K ACTIVITY b C d e f Medicare/Medicaid payments ................ g Fees and contracts from government agencies ... 94 Membership dues and assessments ............ 1,515 95 Interest on savings & temporary cash investments 14 20,834 96 Dividends and interest from securities ......... . 97 N trental income or loss from realestate: a debt -financed property ..................... b not debt -financed property ................. 98 Net rental income or (loss) from personal property 99 Other investment income .................... 100 Gain/loss from sales of assets other than inventory i 12,766 101 Net income or (loss) from special events ........ 18,871 102 Gross profit or (loss) from sales of inventory ..... 234, 624 103 Other revenue: a BEVERAGE SALES 15,221 BROOM USE DONATION 17,153 cMISCELLANEOUS 5,851 d e 4 0 20 834 9 104 Subtotal (add (columns (B), (D), and (E))........ 4404 � . r 105 Total (add line 104, columns (B), (D), and (E)}........................................................ ► 4,115,238 Note: (Line 105 plus line id, Part I, should equal the amount on line 12, Part I.) Ct;rr}<:1f: Rplfatinnchin of Or_tivitiea to the Accomplishment of Exemot PUrooses fSee Specific Instructions on oaoe 28.1 Une No. Explain how each activity for which income is reported in column (E) of Part VII contributed importantly to the accomplishment of the organization's exempt purposes (other than by providing funds for such purposes). 313,94, THE ABOVE INCOME PRODUCING ACTIVITIES ALL CONTRIBUTE TO THE L0.0 PURPOSE OF THIS ORGANIZATION WHICH IS TO RAISE FUNDS TO L01 PROVIDE DAYTIME ACTIVITIES, TRAINING, AND JOB PREPARATION L02 & FOR MENTALLY CHALLENGED INDIVIDUALS. L03 P information Regarding Taxable Subsidiaries (complete this Part It the "Yes" box online Be Is checked.) Name, address, and employer identification number of corporation or partnership Percentage of ownership interest Nature of business activities Total Income End -of -year assets VA % 96 Please Sign Here Under penalties of p jury, I declare that I have examined this return, ,including accompanying schedules and statements, and to the best of my knowledge an bel' it is true, correct, and complete. Declaration of preparer (other than officer) is based on al information of which preparer hasi� (See General Instruction U, on page 12.) ignature offi r Date ' Typ int name and title. Pald Prop Pre signature Oat* JAN 2 8 Check If seif- employed ► ❑ Preparers SSN 5 5 4 - 3 3 - 815 0 Preparer's Use Only Firm's name for LUND & GUTTRY "LLP , CPA' S yours if self-employed) , 3 9 7 0 0 BOB HOPE DR . , ## 3 0 9 andaddreas RANCHO MIRAGE, CA EIN ► 9 5 - 21013 2 7 i} ziP+4 ► 92270 U4r SCHEDULE a Organization Exempt Under Section 501(c)(3) Form 990 (Except Private Foundation) and Section 501(e), 501(f), 501(k), 501(n), or Section 4947(a)(1) Nonexempt Charitable Trust Supplementary Information Department of the Treasury See separate instructions. internal Revenue service ► Must be completed by the above organizations and attached to their Form 990 or 990-EZ. OMB No. 1545-0047 1998 Name of the organization Employeriwnafllntlbnmenbar FOUNDATION FOR THE RETARDED OF THE DSRT 1 95-6006700 Compensation of the Five Highest Paid Employees Other Than Officers, Directors, and Trustees (See instructions on page 1. List each one. If there are none, enter "None.") (b) Title and average hours (a) Name and address of each employee paid more than $50.000 per week devoted to position (c) Compensation (d) Contributions t0 employee benefit plans 6 deferred compensation (a) Expense account and other allowances NONE i Total number of other employees paid over $50,000 lo, i 0.......::..:.:•:.}•.::.:....:.....,..r••,......-t......:.,.t.:}:.:.. t;:{;::ti;::iiiiiiii:i�iii:•:�i:•i:::iti:: ftiv' `:;}vv+:::::::::::.:v:::v.-n :,i?iii�}:}:v•}:}}:ti�'•'+i .-0Y•. .v f:: •:v: :•: w::.:.r} ..•r:}3"'{V:}v.:'h.,i. ?{•:•k.•r:.•ry}}: -.vv:.vvv :}::'•{i?'.. . :...v.r�..v..}}•. "i� •�tii� .:{:{ty.v{'•.ti '!7•. {.}• . tt,At•. v ::{t?O:v}:.v:: • L\ Compensation of the Five Highest Paid Independent Contractors for Professional Services (See instructions on page 1. List each one (whether individuals or firms.) If there are none, enter "None.") (a) Name ano address of each independent contractor paid more than $50,000 (b) Type of service f* Compensation RENATE RAFFERTY CONSULTING GROUP 45775 INDIAN WELLS LANE, INDIAN WELLS CONSULTANT 58,500 Total number of others receivingover $50,000 for professional...:::.....:.::.:;........:::.........::..::.::.....::.:: iY:L:%:iiii}$:)iJti:jistii:;ii}:;:$jy:?{::>tijy,'.•,:}'iii>.`•}ii{��:ti?.:. : �•}}.;:•}:•}••:{•{•}:,:;}:,}::.}:•<:: .... ;:{},}{::;•}••.;:�;:}:;;?;}:}.:;:;:}:;;: For Paperwork Reduction Act Notice, see page 1 of the Instructions for Form 990 and Form 990-EL. KFA Schedule A (Form 99o)199a 028 schedule A (Form 9w)199e FOUNDATION FOR THE RETARDED OF THE DSRT 9 5 - 6 0 0 6 7 0 � Statements About Activities - _ Yea No 1 During the year, has the organization attempted to influence national, state, or local legislation, including any attempt to influence public opinion on a legislative matter or referendum?....................................................... 1 X If "Yes," enter the total expenses paid or incurred in connection with the lobbying activities. ► $ Organizations that made an election under section 501(h) by filing Form 5768 must complete Part VI -A. Other organizations checking "Yes," must complete Part VI-B AND attach a statement giving a detailed description of the lobbying activities. 2 During the year, has the organization, either directly or indirectly, engaged in any of the following acts with any of its trustees, directors, officers, creators, key employees, or members of their families, or with any taxable organization with which any such person is affiliated as an officer, director, trustee, majority owner, or principal beneficiary: ;;>. "•"''`' a Sale, exchange, or leasing of property?........................................................... ........... 2a X b Lending of money or other extension of credit?........................................................ ........ 2b X c Furnishing of goods, services, or facilities?..................................................................... 2c X d Payment of compensation (or payment or reimbursement of expenses if more than $1,000)?SEE ..EQ M . S 9.0, PART.. V 2d X e Transfer of any part of its income or assets?.................................................................... 2e X If the answer to any question is "Yes," attach a oetailed statement explaining the transactions. 3 Does the organization make grants for scholarships, fellowships, student loans, etc.? ..................................... 3 X 4a Do you have a section 403(b) annuity plan for your employees?...................................................... 14a I I X b Attach a statement to explain how the organization determines that individuals or organizations receiving grants or loans from it in furtherance of its charitable oroarams aualifv to receive oavments. (See instructions on oaae 2.1 Reason for Non -Private Foundation Status (See instructions on pages 2 through 4.) The organization is not a private foundation because it is: (Please check only ONE applicable box): 5 ❑ A church, convention of churches, or association of churches. Section 170(b)(1)(Axi). 6 ❑ A school. Section 170(b)(1)(A)(ii). (Also complete Part V, page 4.) 7 ❑ A hospital or a cooperative hospital service organization. Section 170(b)(1)(A)(01). 8 ❑ A Federal, state, or local government or governmental unit. Section 170(b)(1)(A)(v). 9 ❑ A medical research organization operated in conjunction with a hospital. Section 170(b)(1XA)(W). Enter the hospital's name, city, and state 10. 10 ❑ An organization operated for the benefit of a college or university owned or operated by a governmental unit. Section 170(b)(1)(Axiv). (Also complete the Support Schedule in Part IV -A.) 11 a ® An organization that normally receives a substantial part of its support from a governmental unit or from the general public. Section 170(b)(1)(A)(vi). (Also complete the Support Schedule in Part IV -A.) 11 b ❑ A community trust. Section 170(b)(1)(A)(vi). (Also complete the Support Schedule in Part IV -A.) 12 ❑ An organization that normally receives: (1) more than 33113% of its support from contributions, membership fees, and gross receipts from activities related to its charitable, etc., functions —subject to certain exceptions, and (2) no more than 331/3% of its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses acquired by the organization after June 30, 1975. See section 509(a)(2). (Also complete the Support Schedule in Part IV -A.) 13 ❑ An organization that is not controlled by any disqualified persons (other than foundation managers) and supports organizations described in: (1) lines 5 through 12 above; or (2) section 501(c)(4), (5), or (6), if they meet the test of section 509(a)(2). (See section 509(a)(3).) Provide the following information about the supported organizations. (See instructions on page 4.) (a) Name(s) of supported organization(s) I (b) Line number from above M 14 ❑ An organization organized and operated to test for public safety. Section 509(a)(4). (See instructions on page 4.) U2ri Schedule A (Form 990) lose FOUNDATION FOR THE RETARDED OF THE DSRT 9 5— 6 0 0 6 7 0 0 page 3 •.` Support Schedule (Complete only if you checked a box on line 10, 11, or 12.) Use cash method of accounting. Note: You may use the worksheet in the instructions for converting from the accrual to the cash method of accounting. Calendar year (or fiscal year beginning in) ...... ► (a) 1997 (b) 1996 (c) 1995 (d) 1994 (a) Total 15 Gifts, grants, and contributions received. (Do not include unusual rants. See line 28.)............ 727,044 198,999 371,701 466,730 1,764,474 16 Membership fees received ....... 1,020 1,565 1,595 1,320 5,500 17 Gross receipts from admissions, merchandise sold or services performed, or furnishing of facilities in any activity that is not a organization's charitable, etc.purpose . 2,631,591 1,966,968 1,623,832 1,281,842 7,504,233 18 Gross income from interest, dividends, amounts received from payments on securities (section 512(a)(5)), rents, royalties, and unrelated business taxable Income (less section 511 taxes) from businesses acquired by the organization after June 30,1975 ............... 21,631 65,200 74,984 76,022 237,837 19 Net income from unrelated business activities not included in line 18 ... 20 Tax revenues levied for the organization's benefit and either paid to it or expended on its behalf 21 The value of services or facilities furnished to the organization by a govemmental unit without charge. Do not include the value of services or facilities generally furnished to the public without charge ......... 22 Other income. Attach a sch. Do not include gain or (loss) from sale of capital assets. SEE .STM..13. 94,043 41,193 66,047, 47,780 249,063 23 Total of lines 16 through 22 ...... 3,475,329 2,273,925 2,138,159 1,873,694 9,761,107 24 Une23minus line 17........... 843,738 306,957 514,327 591,852 2,256, 874 25 Enter 1% of line 23 .. 34,753 22,739 21,382 18, 7 37 �;}k�<::�`:;4�::��;�::;3�>�'.,�.'�.>:< 26 Organizations described on lines 10 or 11: a Enter 2% of amount in column (e), line 24 ......................► 26a 45, 137 b Attach a list (which is not open to public inspection) showing the name of and amount contributed by each person :i i�i.•'u:;:]'�i';:'}:.^.,:S:i�i:-:`iryk.':.; �ti s: r:iViti?'ii'' >:';?:s.>.:: �:"_�•�x'�:z�t��,�:::,::,.:�:x�'•> (other than a government unit or publicly supported organization) whose total gifts for 1994 through 1997 exceeded '>`<%k-i%>:s•`••`•.`<.>`<:^ •^:` {:>:":r';'•: 26b 310,507 the amount shown in line 26a. Enter the sum of all these excess amounts........... SEE. STATEMENT..14..► 26c 2,256,874 c Total support for section 509(a)(1) test Enter line 24, column(e).............................................► d Add: Amounts from column (e) for lines: 18 237,837 19 .25d ,.•:::: �����^�'>�`•�� ��'��>������ ����������� ���:••:�•>::; : 22 249,063 26b 310,507 ................► 797,407 e Public support (line 26c minus line 26d total)............................................................► 260 1,459,467 f Public support percentage Pine 25e numerator divided by line 26c denominator ......... ................. Ill. 26f 64 . 67% rn Organizations described on line 12: a For amounts included in lines 15, 16, and 17 that were received from a "disqualified person; attach a list to show the name of, and total amounts received in each year from, each 'disqualified person." Enter the sum of such amounts for each year. N/A (1997) (1996) (1995) (1994) b For any amount included in line 17 that was received from a nondisqualified person, attach a list to show the name of, and amount received for each year, that was more than the larger of (1) the amount on line 25 for the year or (2) $5,000. (Include in the list organizations described in lines 5 through 11, as well as individuals.) After computing the difference between the amount received and the larger amount described in (1) or (2), enter the sum of all these differences (the excess amounts) for each year. (1997) 0M) (1995) c Add: Amounts from column (e) for lines: 15 17 20 d Add: Line 27a total . . 16 21 and line 27b total ......... (1994) ► 27c ..........► 27d e Public support (line 27c total minus line 27d total) ................................ .. .................► f Total support for section 509(a)(2) test Enter amount online 23, column (9) .......... Ill. I 27f g Public support percentage (line 27e (numerator) divided by line 271 (denominator)) .......................... 10. h Investment income percentage (line 18. column (e) (numerator) divided by line 27f (denominatod).............. Ili - % 28 Unusual Grants: For an organization described in line 10, 11, or 12 that received any unusual grants during 1994 through 1997, attach a list (which is not open to public inspection) for each year showing the name of the contributor, the date and amount of the grant, and a brief description of the nature of the grant. Do not include these grants in line 15. (See instructions on page 4.) f t a n Schedule A (Form m)1998 FOUNDATION FOR THE RETARDED OF THE DSRT 9 5- 6 0 0 6 7 0 0 page 4 .r, Private School Questionnaire (See instructions on page 4.) (To be completed ONLY by schools that checked the box on line 6 in Part IV) N/A 29 Does the organization have a racially nondiscriminatory policy toward students by statement in its charter, bylaws, other governing instrument, or in a resolution of its governing body7......................................................... 30 Does the organization include a statement of its racially nondiscriminatory policy toward students in all its brochures, catalogues, and other written communications with the public dealing with student admissions, programs, and scholarships? ................. 31 Has the organization publicized its racially nondiscriminatory policy through newspaper or broadcast media during the period of solicitation for students, or during the registration period if it has no solicitation program, in a way that makes the policy known to all parts of the general community it serves?.................................................................... . If -Yes," please describe; if "No," please explain. (If you need more space, attach a separate statement) 32 Does the organization maintain the following: a Records indicating the racial composition of the student body, faculty, and administrative staff? ............................... b Records documenting that scholarships and other financial assistance are awarded on a racially nondiscriminatory basis? .......... c Copies of all catalogues, brochures, announcements, and other written communications to the public dealing with student admissions, programs, and scholarships?........................................................................ . d Copies of all material used by the organization cr on its behalf to solicit contributions? ...................................... If you answered "No" to any of the above, please explain. (If you need more space, attach a separate statement.) 33 Does the organization discriminate by race in any way with respect to: a Students'rights or privileges? ................................................. .............................. b Admissions policies?......................................................................................... c Employment of faculty or administrative staff?..................................................................... . d Scholarships or other financial assistance? .............................................. ........................ . e Educational policies?......................................................................................... fUse of facilities?............................................................................................ gAthletic programs?.......................................................................................... h Other extracurricular activities?................................................................................. If you answered "Yes" to any of the above, please explain. (If you need more space, attach a separate statement) 34a Does the organization receive any financial aid or assistance from a governmental agency? ... ............................... . b Has the organization's right to such aid ever been revoked or suspended? ............................................... If you answered "Yes" to either 34a or b, please explain using an attached statement. 35 Does the organization certify that it has complied with the applicable requirements of sections 4.01 through 4.05 of Rev. Proc. 75-50, 1975-2 C.B. 587. covering racial nondiscrimination? If "No" attach an explanation .......................................... No 389 031 Schedule A (Farm M) age FOUNDATION FOR THE RETARDED OF THE DSRT 9 5 — 6 0 0 6 7 0 0 Page 5 Lobbying Expenditures by Electing Public Charities (See instructions on page 6.) N/A (To be completed ONLY by an eligible organization that filed Form 5768) Check here ► a if the organization belongs to an affiliated group. Check here ► b ❑ if You checked "a" above and "limited control" provisions apply. Limits on Lobbying Expenditures (The term "expenditures" means amounts paid or incurred.) 36 Total lobbying expenditures to influence public opinion (grassroots lobbying) .................... 36 37 Total lobbying expenditures to influence a legislative body (direct lobbying) ..................... 37 38 Total lobbying expenditures (add lines 36 and 37)........................................ 38 39 Other exempt purpose expenditures.................................................. 39 40 Total exempt purpose expenditures (add lines 38 and 39).................................. 40 41 Lobbying nontaxable amount. Enter the amount from the following table - If the amount on line 40 is - The lobbying nontaxable amount Is - Not over $500,000...................... 20% of the amount on line 40................ . Over $500,000 but not over $1,000,000...... $100.000 plus 15% of the excess over $500,000 .. Over $1,000,000 but not over $1,500,000 .... $175.000 plus 10% of the excess over $1,000,000 41 Over $1,500,000 but not over $17,000,000 ... $225.000 plus 5% of the excess over $1,500,000. . Over$17,000,000......................$1,000,000........................ .... 42 Grassroots nontaxable amount (enter 25% of line 41)..................................... 42 43 Subtract line 42 from line 36. Enter -0- if line 42 is more than line 36 .......................... 43 44 Subtract line 41 from line 38. Enter -0- if line 41 is more than line 38 .......................... 44 Caution: If there is an amount on either line 43 or line 44, you must file Form 4720. Affiliated group I To be completed totals for ALL electing 4-Year Averaging Period Under Section 501(h) (Some organizations that made a section 501(h) election do not have to complete all of the five columns below. See the instructions for lines 45 through 50 on page 7.) Lobbying Expenditures During 4-Year Averaging Period Calendar year I (a) I (b) I (c) I (d) I (e) (or fiscal year beginning in) ► 1998 1997 1996 1996 Total 45 Lobbying nontaxable amount.... . 46 Lobbying ce iling a mou nt :•:> •: 150 % of line 45 e 47 Total lobbvino expenditures..... . 48 Grassroots nontaxable amount ... 49 Grassroots ceiling amount (150% of line 48(e)) ............ 50 Grassroots lobbying expenditures . I I I I I Lobbying Activity by Nonelecting Public CharitiesN/A ` (For reporting only by organizations that did not complete Part VI -A) (See instructions on page 8.) During the year, did the organization attempt to influence national, state or local legislation, including any attempt to influence public opinion on a legislative matter or referendum, through the use of: aVolunteers...................................................................................... b Paid staff or management (Include compensation in expenses reported on lines c through h.) ...................... c Media advertisements............................................................................ . d Mailings to members, legislators, or the public........................................................... e Publications, or published or broadcast statements....................................................... f Grants to other organizations for lobbying purposes ..................................................... . g Direct contact with legislators, their staffs, government officials, or a legislative body .............................. h Rallies, demonstrations, seminars, conventions, speeches, lectures, or any other means .......................... f Total lobbying expenditures (add lines c through h)....................................................... Amount If "Yes" to any of the above, also attach a statement giving a detailed description of the lobbying activities. 3 (I 0 032 Schedule A (Form 990)1998 FOUNDATION FOR THE RETARDED OF THE DSRT 9 5- 6 6 0 6 7 0 0 Page 6 Information Regarding Transfers To and Transactions and Relationships With Noncharitable Exempt Organizations _ 51 Did the reporting organization directly or indirectly engage in any of the following with any other organization described in section 501(c) of the Code (other than section 501(c)(3) organizations) or in section 527, relating to political organizations? a Transfers from the reporting organization to a noncharitable exempt organization of: (1) Cash............................................................................................... (11) Other assets......................................................................................... b Other transactions: (1) Sales of assets to a noncharitable exempt organization......................................................... (if) Purchases of assets from a noncharitable exempt organization................................................... (111) Rental of facilities or equipment............................................................. . .......... (iv) Reimbursement arrangements........................................................................... (v) Loans or loan guarantees............................................................................... (vi) Performance of services or membership or fundraising solicitations ............................................... c Sharing of facilities, equipment, mailing lists, other assets, or paid employees ........................................... d If the answer to any of the above is "Yes," complete the following schedule. Column (b) should always show the fair market value of the goods, other assets, or services given by the reporting organization. If the organization received less than fair market value in any transaction or sharing arrangement, show in column (d) the value of the goods, other assets, or services received. Yes FNo 510l) X II X b X ii X II X btv X v X b vl X C X (a) Line no. (b) Amount involved (c) Name of noncharitable exempt organization (d) Description of transfers, transactions, and sharing arrangements N A 52a Is the organization directly or indirectly affiliated with, or related to, one or more tax-exempt organizations described in section 501(c) of the Code (other than section 501(c)(3)) or in section 527?........................................................ ► ❑ Yes ® No b If "Yes," complete the following schedule. (a) (b) (c) Name of organization Type of organization Description of relationship N/A Farm 2758 (Rev. June 1998) Department of the Treasury Internal Revenue Service Please type or print. File the original and one copy by the due date for filing your return. See ins- tructions on back. Application for Extension of Time To File Certain Excise, Income, Information, and Other Returns OMB No. 1645_0148 ► File a separate application for each return. Name FOUNDATION FOR THE RETARDED OF THE DSRT Number, street, and room or suite no. (or P.O. box no. if mail is not delivered to street address) 73-255 COUNTRY CLUB DR. city, town or post office, state, and ZIP code. For a foreign address, see instructions. PALM DESERT, CA 92260 Employeriderdifiaatlon 95-6006700 Note: Corporate income tax return filers must use Form 7004 to request an extension of time to file. Partnerships, REMICs, and trusts must use Form 8736 to request an extension of time to file Form 1065, 1066, or 1041. 1 I request an extension of time until 2 / 15 , 2 0 0 0 , to file (check only one): ❑ Form 706-GS(D) 0 Form 990-T (401(a) or 408(a) trust) ❑ Form 1120-ND (sec. 4951 taxes) ❑ Form 8612 ❑ Form 706-GSM ❑ Form 990-T (trust other than above) ❑ Form 3520-A ❑ Form 8613 19 Form 990 or 990-EZ ❑ Form 1041 (estate) (see instructions) ❑ Form 4720 ❑ Form 8725 ❑ Form 990-BL ❑ Form 1041-A ❑ Form 5227 ❑ Form 8804 ❑ Form 990-PF ❑ Form 1042 ❑ Form 6069 ❑ Farm 8831 If the organization does not have an office or place of business in the United States, check this box ..................................... ► ❑ 2a For calendar year , or other tax year beginning 7 / 01 / 9 8 and ending 6 / 3 0 / 9 9 b If this tax year is for less than 12 months, check reason: C1 Initial return 0 Final return ❑ Change in accounting period 3 Has an extension of time to file been previously granted for this tax year? .................................................❑ Yes ® No 4 State in detail why you need the extension ADDITIONAL TIME IS NEEDED TO GATHER DETAIL FOR A COMPLETE RETURN 5a If this form is for Form 706-GS(D), Form 706-GS(T), 990-BL, 990-PF, 990-T, 1041 (estate), 1042, 1120-ND, 4720, 6069, 8612, 8613, 8725, 8804, or 8831, enter the tentative tax, less any nonrefundable credits. See instructions............ $ 0 b If this form is for Form 990-PF, 990-T, 1041 (estate), 1042, or 8804, enter any refundable credits and estimated tax payments made. Include any prior year overpayment allowed as a credit ......................................... $ 0 c Balance due. Subtract line 5b from line 5a. Include your payment with this farm, or deposit with FM coupon if required. See instructions.. . $ 0 .................................................................................. Signature and Verification Under penalties of perjury, I declare that I have examined thl form, including accompanying schedules and statements, and to the best of my knowledge and belief, It is true correct, and complete; and that 1 am it orized to prep t is form. 1/. 4� Signature IN,Title ► 0 Date ► FILE ORIGINAL AND ONE COPY. T* IRS will show below whether or not your application is approved and will return the copy. I Notice to Applicant - To Be Completed by the IRS & We HAVE approved your application. Please attach this form to your return. ❑ We HAVE NOT approved your application. However, we have granted a 10-day grace period from the later of the date shown below or the due date of your return (including any prior extensions). This grace period is considered to be a valid extension of time for elections otherwise required to be made on a timely return. Please attach this form to your return. --N; --i- ❑ We HAVE NOT approved your application. After considering the reasons stated in item 4, we'6attnot gmiit yottr"re4GA§ for'sft-extension of time to file. We are not granting the 10-day grace period. ❑ We cannot consider your application because it was filed after the due date of the return for which an extension was requested. ❑ Other: ' ^' '' r) 1i Director �� A'• _ Dots If you want a copy of this farm to be returned to an address other than that shown above, please enter the address to which the copy should be sent. Please Type or Print Name LUND & GUTTRY LLP, CPA'S Number, street, and room or suite no. (or P.O. bout no. if mail is not delivered to street address) 700 BOB HOPE DR., , town or post office, state, and ZIP code. 0 a foreign address, see Instructions. Ar RANCHO MIRAGE, CA 92270 KFA For Paperwork Reduction Act Notice, see bade of form. 034 arm 27N (Rev. a-u) 1998 FEDERAL STATEMENTS PAGE 1 CLIENT 4120 FOUNDATION FOR THE RETARDED OF THE DSRT 95-6006700 STATEMENT 1 FORM 990, PART I, LINE 1D CONTRIBUTIONS, GIFTS, AND GRANTS NOT OPEN TO PUBLIC INSPECTION ----------------------------- DIRECT CONTRIBUTIONS: AMOUNT CONTRIBUTOR'S NAME CONTRIBUTOR'S ADDRESS OF CONTR. ----------------------------------------------------------------------- MICHAEL MCCARTHY FOUNDATION $ - 245,000 DEL WEBB FOUNDATION DUKE FAMILY TRUST DONATION JOHN CURCI TRUST SHAKLEE TRUST DIRECT CONTRIBUTIONS LESS THAN 2% OF LINE 1D TOTAL DIRECT CONTRIBUTIONS, LINE 1A 200,000 50,000 50,000 344,500 $ 254,959 $ 1,144,459 INDIRECT CONTRIBUTIONS: AMOUNT CONTRIBUTOR'S NAME CONTRIBUTOR'S ADDRESS OF CONTR. ----------------------------------------------------------------------- UNITED WAY $ 34,489 TOTAL INDIRECT CONTRIBUTIONS, LINE 1B $ 34,489 GOVERNMENT GRANTS: AMOUNT CONTRIBUTOR'S NAME CONTRIBUTOR'S ADDRESS OF CONTR. ----------------------------------------------------------------------- INLAND REGIONAL CENTER $ 2661373 39 1998 FEDERAL STATEMENTS PAGE 2 CLIENT 4120 FOUNDATION FOR THE RETARDED OF THE DSRT 95-SM6700 STATEMENT 1 (CONTINUED) FORM 990, PART 1, LINE 1D CONTRIBUTIONS, GIFTS, AND GRANTS GOVERNMENT GRANTS: CONTRIBUTOR'S NAME CONTRIBUTOR'S ADDRESS ------------------------------ ------------------------------ CALIFORNIA ENDOWMENT GOVERNMENT GRANTS LESS THAN 2% OF LINE 1D TOTAL GOVERNMENT GRANTS, LINE 1C TOTAL CONTRIBUTIONS, LINE 1D AMOUNT OF CONTR. 50,000 $ 114,781 $ 431,154 $ 1,610,102 394 1998 FEDERAL STATEMENTS PAGE 3 CLIENT 4120 FOUNDATION FOR THE RETARDED OF THE DSRT 95-SW6700 STATEMENT 2 FORM 990, PART I, LINE 8 NET GAIN (LOSS) FROM NONINVENTORY SALES PUBLICLY TRADED SECURITIES: ------------------------------ GROSS SALES PRICE: 187,766 COST OR OTHER BASIS: 175,000 GAIN (LOSS) TOTAL GAIN (LOSS) STATEMENT 3 FORM 990, PART I, LINE 9 NET INCOME (LOSS) FROM SPECIAL EVENTS SPECIAL EVENTS: A) CANDY SALES B) SUITCASE PARTY C) OTHER: 6 12,766 $ 12,766 SPECIAL EVENTS A B C OTHER TOTAL . ---------- GROSS RECEIPTS $ --------- 44,400 --------- 11,161 --------- 0 --------- 55,561 LESS: CONTRIBUTIONS 0 0 --------- 0 --------- 0 --------- ---------- GROSS REVENUE --------- 44,400 11,161 0 55,561 LESS: DIRECT EXPENSES 30,854 5,836 0 36,690 --------- ---------- NET INCOME (LOSS) $ ---------- ---------- --------- 13,546 --------- --------- --------- 5,325 --------- --------- --------- 0 --------- --------- 18,871 --------- --------- 395 037 1998 FEDERAL STATEMENTS PAGE 4 CLIENT 4120 FOUNDATION FOR THE RETARDED OF THE DSRT 95-6006700 STATEMENT 4 FORM 990, PART 1, LINE 10 GROSS PROFIT (LOSS) FROM SALES OF INVENTORY ITEMS SOLD AMOUNT ---------------------------------------- THRIFT STORE SALES ..........................................$ ----------- 234,624 GROSS SALES $ 234,624 LESS RETURNS & ALLOWANCES 0 NET SALES $ 234,624 LESS: COST OF GOODS SOLD 0 GROSS PROFIT FROM SALES OF INVENTORY $ 234,624 STATEMENT 5 FORM 990, PART II, LINE 43 OTHER EXPENSES (A) (B) (C) (D) PROGRAM MANAGEMENT OTHER EXPENSES TOTAL SERVICES & GENERAL FUNDRAISING ---------------------------------------- ADVERTISING & PROMOTION $ 137,014 --------- 9,100 ---------- 127,914 ----------- DUES AND SUBSCRIPTIONS 8,878 422 8,456 MISCELLANEOUS 29,290 12,728 16,562 OVERHEAD ALLOCATION 0 706,233 -706,233 PROFESSIONAL FEES 95,884 16,430 79,454 RECREATION & SOCIALIZATION 158 48 110 STAFF DEVELOPMENT 42,101 17,642 24,459 TRANSPORTATION 235,128 23,399 211,729 TOTAL $ 548,453 786,002 -237,549 0 STATEMENT 6 FORM 990, PART III, LINE A STATEMENT OF PROGRAM SERVICE ACCOMPLISHMENTS PROGRAM GRANTS AND SERVICE DESCRIPTION ALLOCATIONS EXPENSES -------------------------------------------------- ADULT DEVELOPMENT ACTIVITY FOR THE HANDICAPPED - ----------- ---------- PROGRAM EMPHASIZES ON PERSONAL AWARENESS, HYGIENE AND FUNCTIONAL PROFICIENCY WHICH AFFORDS 3 90 PARTICIPANTS GREATER INDEPENDENCE IN THE COMMUNITY 033 1998 FEDERAL STATEMENTS PAGE 5 I CLIENT 4120 FOUNDATION FOR THE RETARDED OF THE OSRT 95-60067001 STATEMENT 6 (CONTINUED) FORM 990, PART III, LINE A STATEMENT OF PROGRAM SERVICE ACCOMPLISHMENTS DESCRIPTION -------------------------------------------------- AND HOME. WORK ACTIVITY & SUPPORT=NG EMPLOYMENT FOR THE HANDICAPPED - PROVIDES EFFECTIVE WORK TRAINING PROGRAMS, JOB PLACEMENT WHERE POSSIBLE, EDUCATIONAL & SUPPORT SERVICES IN A VARIETY OF SETTINGS. ALL PARTICIPANTS ARE PAID FOR THEIR WORK ACTIVITY. THRIFT STORES - THE STORES PROVIDE A REAL -WORLD WORK ENVIRONMENT FOR THE HANDICAPPED. RESIDENTIAL --PROVIDES A REAL WORLD LIVING ENVIRONMENT FOR THE HANDICAPPED. SOCIAL AND RECREATIONAL ACTIVITIES FOR THE HANDICAPPED - TO ENHANCE AND IMPROVE THE LIFESTYLES OF THE HANDICAPPED STATEMENT 7 FORM 990, PART IV, LINE 57 LAND, BUILDINGS, AND EQUIPMENT ASSET AUTOMOBILES / TRANSPORTATION EQUIP. FURNITURE AND FIXTURES MACHINERY AND EQUIPMENT BUILDINGS IMPROVEMENTS LAND MISCELLANEOUS TOTAL BASIS $ 861,792 85,614 1,312,639 1,244,547 141,041 155,613 3,107,199 GRANTS AND ALLOCATIONS $ 0 PROGRAM SERVICE EXPENSES 791,513 0 2,539,212 0 372,903 0 103,483 0 62,255 $ 0 3,869,366 ACCUMULATED DEPRECIATION 234,990 51,078 242,545 480,079 45,292 U BOOK VALUE 626,802 34,536 1,070,094 764,468 95,749 155,613 3,107,199 $ 6,908,445 1,053,984 5,854,461 039 by/b1/24bb 1/:4b /bUJ4lJlbU rAL-ii dl 1998 FEDERAL STATEMENTS PAGE 6 CLIENT 4120 FOUNDATION FOR THE RETARDED OF THE DSRT 95-60067W STATEMENT 8 FORM 0, PART IV' LINE 58 OAR ASSETS ENDING DEPOSITS................................................... TOTAL ------------ $ 26 132' 291132 STATEMENT 9 FORM 990, PART IV LINE 640 MORTGAGES AND 6WR NOTES PAYABLE OTHER NOTES PAYABLE BALANCE DUE LENDER'S NAME: US DEPT OF AGRIGCULTURE DATE OF NOTE: 6/30/99 MATURITY DATES 7/31/39 ORIGINAL ANOUNTs 1,800,000 BALANCE DUES $ 1,800,000 LENDER'S NAMES BEliGER FOUNDATION DATE OF NOTES 9/09/98 MATURITY DATES 5/30/19 ORIGINAL AMOUNT: 70.0,000 BALANCE DUE: $ 700,000 LENDER'S NAMEs CAPITAL LEASES PAYABLE BALANCE DUE: $ 141,729 $ ► 6 41, 7 .9 TOTAL $ 2,64-1,729 STATEMENT 10 OFORM TIIER 9ZOU RNTS VGA, LINE 6(4) FUNDRAISING EXPENSES LINE 9B ............................... $ 36,690 TOTAL �— 336,?-§U STATEMENT 11 FORM 900, PART IV-e, UNE B(4) OTHER AMIOUNTS 398 FUNDRAISING EXPENSE LINE 9B ................................ $ 36,6.90 TOTAL— 36,690 040 1998 FEDERAL STATEMENTS PAGE 7 CLIENT 4120 FOUNDATION FOR THE RETARDED OF THE DSRT 95-6006700 STATEMENT 12 FORM 990, PART V LIST OF OFFICERS, DIRECTORS, TRUSTEES, AND KEY EMPLOYEES EMPLOYEE EXPENSE TITLE & AVG. BEN. PLN ACCOUNT/ NAME AND ADDRESS HRS/WK DEVOTED COMP. CONTRIB. OTHER ------------------------------ ELTON KILFOYL --------------- PRESIDENT --------- 0 -------- 0 -------- 0 43-441 VIRGINIA AVENUE NONE PALM DESERT, CA 92211 JUDY DOKTOR, PHD 0 0 0 57 MARBELLA DRIVE NONE RANCHO MIRAGE, CA 92270 HERB KEEFE MEMBER 0 0 0 P.O. BOX 11702 NONE PALM DESERT, CA 92255 DR. RICHARD FARMER EXEC. DIRECTOR 94,968 0 4,256 44-201 HAZEL CANYON LANE 40 PALM DESERT, CA 92260 ROBERT SEXTON MEMBER 0 0 0 727 EUGENE RD NONE PALM SPRINGS, CA 92264 DON BALLARD MEMBER 0 0 0 44-832 SAN LUIS REY NONE PALM DESERT, CA 92260 SCOTT DEVOE MEMBER 0 0 0 79-661 AVENUE 42, APT. 106 NONE BERMUDA DUNES, CA 92201 STUART BAILEY MEMBER 0 0 0 74-750 HWY 111 NONE INDIAN WELLS, CA 92210 DAWN SUGGS SECRETARY 0 0 0 73-517 SIESTA TRAIL NONE PALM DESERT, CA 92260 JIM LUSNAR VICE PRESIDENT 0 0 0 40-926 SCHAFER PLACE NONE PALM DESERT, CA 92211 393 041 1998 FEDERAL STATEMENTS PAGE 8 CLIENT 4120 FOUNDATION FOR THE RETARDED OF THE DSRT 95-6006700 STATEMENT 12 (CONTINUED) FORM 990, PART V LIST OF OFFICERS, DIRECTORS, TRUSTEES, AND KEY EMPLOYEES EMPLOYEE EXPENSE TITLE & AVG. BEN. PLN ACCOUNT/ NAME AND ADDRESS HRS/WK DEVOTED COMP. CONTRIB. OTHER ------------------------------ JAN RASMUSSEN ------------------------ MEMBER 0 -------- 0 -------- 0 160 RUNNING SPRINGS DRIVE NONE PALM DESERT, CA 92260 JOAN WOLFF MEMBER 0 0 0 1230 SAN JOAQUIN DRIVE NONE PALM SPRINGS, CA 92264 NOEL LAURSEN TREASURER 0 0 0 3280 CAMBRIDGE COURT NONE PALM SPRINGS, CA 92264 RICK STROM MEMBER 0 0 0 P.O. BOX 2256 NONE PALM DESERT, CA 92260 JOE SOLOMON MEMBER 0 0 0 34 CALLE CLAIRE NONE PALM DESERT, CA 92260 PATRICK M. MCCARTHY MEMBER 0 0 0 47-500 W. EL DORADO DRIVE NONE INDIAN WELLS, CA 92210 GENERAL KENNETH MILES MEMBER 0 0 0 8 AVENIDA ANDRA NONE PALM DESERT, CA 92260 MARY JIM MARTIN ASSOC. DIRECTOR 54,929 1,200 0 73-255 COUNTRY CLUB DRIVE 40 PALM DESERT, CA 92260 HENRY HENDLER MEMBER 0 0 0 13 AVENIDA ANDRA NONE PALM DESERT, CA 92260 ALAN OBERSTEIN, ESQ MEMBER 0 0 0 74090 EL PASEO STE 206 NONE PALM DESERT, CA 92260 40 0 4 2 1998 FEDERAL STATEMENTS -PAGE 9 CLIENT 4120 FOUNDATION FOR THE RETARDED OF THE DSRT 95-6006700 STATEMENT 12 (CONTINUED) FORM 990, PART V LIST OF OFFICERS, DIRECTORS, TRUSTEES, AND KEY EMPLOYEES EMPLOYEE EXPENSE TITLE & AVG. BEN. PLN ACCOUNT/ NAME AND ADDRESS HRS/WK DEVOTED COMP. CONTRIB. OTHER ------------------------------ PATRICK E. BRAKE SR. --------------- MEMBER ----------------- 0 0 -------- 0 27 FLORENCE LANE NONE PALM DESERT, CA 92211 EDWARD F. SHER MEMBER 0 0 0 24 AVENIDA ANDRA NONE PALM DESERT, CA 92260 STACIE BRADSHAW FINANCE DIR. 0 0 0 43715 KELSEY CT 40 PALM DESERT, CA 92211 TOTAL STATEMENT 13 SCHEDULE A, PART IV -A, LINE 22 OTHER INCOME $ 149,897 1,200 4,256 DESCRIPTION (A) 1997 (B) 1996 (C) 1995 (D) 1994 (E) TOTAL ---------------------- MISCELLANEOUS ---------- $ 3,913 --------- 13,927 --------- 48,714 --------- 47,780 --------- 114,334 UNREALIZED GAIN ON APP 0 0 17,333 0 17,333 ROOM USE DONATION 16,069 14,843 0 0 30,912 BEVERAGE SALES 14,077 12,423 0 0 26,500 FUNDRAISING 59,984 0 0 0 59,984 41,193 66,047 47,780 249,063 $ 94,043 401. 043 1998 FEDERAL SUPPLEMENTAL INFORMATION ; ,PAGE 1 I CLIENT 4120 FOUNDATION FOR THE RETARDED OF THE DSRT 95-6006700 1 STATEMENT 1 FORM 990, PART III ------------------ WHAT IS THE ORGANIZATIONS'S PRIMARY EXEMPT PURPOSE? PROVIDES DAYTIME ACTIVITIES, TRAINING AND JOB PREPARATION FOR THE MENTALLY RETARDED. FORM CT-2, PART IV -- FUNDRAISING CONSULTANT THE FOUNDATION ENGAGED THE SERVICES OF THE RENATE RAFFERTY CONSULTING GROUP, 45775 INDIAN WELLS LANE, INDIAN WELLS, FOR A FEE OF $58,500 THE SERVICES PROVIDED CONSISTED OF MAKING CONTACTS WITH POTENTIAL DONORS AND POTENTIAL BOARD MEMBERS AND ADVISING THE ORGANIZATION ON FUNDRAISING IN CONNECTION WITH A CAMPAIGN TO FUND A NEW BUILDING. THE CAMPAIGN IS CONTINUING BEYOND THE CURRENT FISCAL YEAR AND THUS A TOTAL OF DONOR RECEIPTS CANNOT BE TABULATED C.; 41 1998 FEDERAL STATEMENTS PAGE 1 CLIENT 4120 FOUNDATION FOR THE RETARDED OF THE DSRT 95-6006700 STATEMENT 14 SCHEDULE A, PART IV -A, LINE 26B EXCESS CONTRIBUTORS NOT OPEN T-- PUBLIC INSPECTION 1997 1996 1995 1994 TOTAL ----------------------------------------------- DANKWORTH TRUST $ 11,322 44,322 300;000 355,644 $ 355,644 LINE 26A X1 - 45,137 EXCESS CONTRIBUTIONS $ 310,507 403 045 THE RANCH ATTACHMENT 3 V RESIDENTIAL ALCOHOL & DRUG PROGRAM SERVICES ADVISORY BOARD Betty Ford John B. Friedrich April 9, 2000 Barbara Friedrich Ms. Dodie Horvitz Rod Hendry City of La Quinta Paula Harris P.O. Box 1504 La Quinta, CA 92253 Eddle Hernandez Men's Services 7885 Annandale Avenue - Desert Hot Springs, CA 92240 760-329-2924 - Fax:760-329-0169 HACIENDA VALDEZ Women's Services: 12890 Quinta Way - Desert Hot Springs, CA 92240 760-329-2959 - Fax:760-329-2953 Edwin C. Johnsen Re: GRANT APPLICATION R.C. Lindy Dear Dodie, John P. McGovern, M.D. Enclosed please find our Community Services Grant Application with the Bob Reordan following enclosures: Rena Rodman„ MFCC Additional Capital Improvements list Bid for a ICE O Matic ice machine November - February Checking and Savings Bank Statements BOARD OF DIRECTORS Operating Budget - current year Barbara Baxter, President IRS Form 990 Joseph 501(c)3 letter Solomon, Vice President Randy Hewitson, Treasurer If I can be of any further assistance please feel free to contact me at (760) Wayne Stigall, Secretary 329-2924. Jeanne Anderson -Garrett Thank you for the opportunity to apply to the City of La Quinta. Jack Garrett Sincerely, Jim Harweil Jim Leonard .:ohn McCormick Rick Mesa Rene Menaoza Executive Director Sandra S. Reid EXECUTIVE DIRECTOR Rick Mesa 40,1 04 A Nonprofit Corporation - IRS# 237365064 - Partially Funded by County of Riverside Department of Mentol Health Drug Abuse Programs CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR 99-00 Name of Organization: DESERT REHAB SERVICES, INC. Amount Requested: $2 443.74 Contact Person: RICK MESA Mailing Address: 7885 ANNANDALE AVENUE City: DESERT HOT SPRINGS State: CA Zip Code: 92240 Phone Number: (760)329-2924 501 (c )3 Taxpayer I.D. Number: . 237365064 Date Submitted: April 7 2000 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 405 047 COMMUNITY SERVICES GRANT APPLICATION 1. What is the overall purpose or goal of your organization? To provide residential treatment to Coachella Valley men, women and their families who are experiencing alcohol/drug related problems. Men and women who are unable to pay for needed services make-up approximately 85% of the population we serve. 2. How long has your organization been in existence? 27 Years 5 Months 3. Describe in general the activities or services of your organization: 3-7 day detoxification, 60-90 day residential treatment and 3-6 months community re -entry -transitional -living services. Treatment includes: counseling, education groups, ANNA meetings, family counseling and recreational activities to name a few. 4. How many people does your organization currently serve? No. of Youth 0 No. of Adults 81 No. of Senior (81 adults includes seniors 5. How many people do you intend to serve during the fiscal year? No. of Youth 0 No. of Adults 700 No. of Seniors 25 6. How many people served this Fiscal Year will be La Quinta Residents? No. of Youth 0 No. of Adults 20-25 No. of Seniors 1-2 7. How many employees/volunteers does your organization employ? Full Time Employees 16 Part Time Employees 5 Volunteers 10-15 8. Describe how your organization is managed and governed. Board of Directors are policy makers and oversee operations. Executive Director implements policy and manages day to day operations. 406 048 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Barbara Baxter President 258 Castellana So., Palm DsrtCA 92260 773-0041 Joe Solomon V. President 34 Calle Clair Palm DsrtCA 92260 568-5519 Wayne Stigall Secretary 72630 Lotus Ct, Palm Dsert, CA 92260 340-2763 Randy Hewitson Treasurer 44850 San Pablo, Palm Dsrt, CA 92260 341-3171 10. What is your annual schedule of events, and during what months does your organization operate? We operate twenty four hours a day, seven days a week. Board fundraisers two to three times annually. Events are established June of each year. 11. Do you charge admission, membership fee, dues, Etc.? X Yes No If Yes please describe: If clients are able to afford treatment they pay in full. Others are asked to contribute according to their ability to pay. Most are placed on Riverside County contract status due to lack of funds. 12. What are your other sources of revenue for this funding year? Source Amount City of Indian Wells $6,200.00 Jeanne Anderson -Garrett $2,000.00 City of Palm Desert $5,700.00 Desert Healthcare District $7,500.00 H.N. and Francis C. Berger Foundation $7,500.00 Total Needed Total Received Balance $ 31,400.00 $ 2,000.00 $ 31,400.00 13. Amount of money requested form the City of La Quinta: $2,443.74 14. Has your organization been funded by the City of La Quinta previously? Yes X No 15. Please provide the name and address of the bank in which the organizations funds are kept: First Community Bank 74-750 Hwy 111. Indian Wells Ca. 92210 16. Please provide the name and title of those individuals authorized to sign on the organization's account (must provide at least two individuals) Name: Randy Hewitson Wayne Stigall Baxter Baxter Rick Mesa Title: Treasurer Secretary President Executive Director 17. Please provide, as an attachment, copies of the last three months bank statements as well as the last year's December bank statement of the organization's checking and savings account. ATTACHED 18. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used. We will use the funds to purchase a ICE O Matic EC 606 600# cuber 230 volt for our Hacienda Valdez womens facility (see attached). March 1.2000 we separated and increased capacity for men and womens treatment. THE RANCH now serves 46 men and HACIENDA VALDEZ serves 35 women. This is an increase of 19 beds total. We have no ice maker at the Hacienda Valdez facility. 4 0 E, 050 19. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. The direct benefit to La Quinta is providing residential treatment services for their residents. The ice machine indirectly benefits the La Quinta community in that it permits us to sat!& food service requirements to the men and women we serve. The major benefits of our treatment are: decreasing crime, better use of tax payers dollars, reuniting families, our clients re-enter the work forces, lower medical costs to our emergency rooms, decreases the spread of infectious and fatal diseases such as HIV and AIDS. 20. Attach a copy of your Program Operating Budget for the current year. ATTACHED 21. Non -Profit organizations must attach a copy of the organization's current IRS Form 990 & 501(C)3 letter. ATTACHED 40,9 6151 ADDITIONAL CAPITAL IMPROVEMENTS FY 1999/2000 The following list of items are needed for day-to-day operations (written estimates are available upon request): 1. Alcohol/drug treatment literature and materials $6,000.00 (The Ranch & Hacienda Valdez) 2. Reconditioned Wolfe Range & Exhaust Blower $3,300.00 (The Ranch) 3. Traulsen - two door Refrigerator $2,400.00 (Hacienda Valdez) 4. Traulsen - two door Freezer $2,900.00 (Hacienda Valdez) 5. Ice O Matic Ice Machine w/Bin (including intallation) $3,500.00 (Hacienda Valdez) 6. Reconditioned Dish Machine $2,100.00 (Hacienda Valdez) 7. Soiled Dish Table w/garbage disposal $3,000.00 (Hacienda Valdez) 8. Clean Dish Table $800.00 (Hacienda Valdez) 9. Computer $2,000.00 (Hacienda Valdez) 10. Folding Tables (10) & Stack Chairs (100) $3,400.00 (The Ranch) 11. Desks (3) & Desk Chairs (3) $2,000.00 (The Ranch) TOTAL $31,400.00 410 05 Morongo Valley✓ California 92252 Invoice Invoice z: 00010322 Bill To: Ship To: Desert Rehab Services Desert Rehab Services SALESPERSON YOUR NO. SHIP VIA O P SHIP DATE TERMS DATE PG. acenda ice X C.O.D. IV1/99 1 QTY. ITE�•l NO. DESCRIPTION PRICE UNIT DISC EXTENDED TX. 1 Equiptment ICE O %latic EC 606 600# $3,491.06 30% $2,443.74 cuber 230 volt 1 Equiptment B55 500# pound storage Bin $1,034.00 30% $723.80 1 Service Time Instalation of Ice Machine $275.00 $275.00 and storage with Water filter { customer provides 20 amp 230v power within 10' of perposed unit location This is a Bid to provide and install icemakeing equiptment at the Hacenda Valdez SALE $3,442.54 FREIGHT $50.00 SALES TAX $0.00 TOTAL S3,492.54 PAID TODAY $0.00 BALANCE I $3,492.54 -q1 1 053 UY/ li! t_UUU lU. l� f OU J`.a GJ-.v UPHLVI INUU1H1ES TO. 601 E.TAHQUITZ CANYON WAY PALL SPRINGS, CA. 92262 (760)416-3336 � �� PALM SPRINGS OFFICE DESERT REHAB SERVICES, INC. TYPE: FIRST BUSINESS CKING DBA THE RANCH ICO CREATIVE BOOKKEEPING -JENNY HENRY DATE: 2/29/00 ENCL Be PO BOY 3159 PALM DESERT CA 92261 TAX ID: BANK 024 0046500822 PAGE: I BRANCH 046 QUICKSERVE YOUR ""TER HOURS" INFORMATION SOURCE SIMPLY CALL TOLL FREE ANYTIME BETWEEN 600 AM AND MIDNIGHT FOR INFORMATION ON YOUR ACCOUNTS 1-88B-217-5264 0 SUMMARYFOR FIRST -------- -------------- --BUSINESS BEGINNING BALANCE -CKING-----------------------------_--------- 2/01/00 20,145.60 DEPOSITS / MISC CREDITS 11 79,131.12 WITHDRAWALS / MISC DEBITS 92 92,650.32 *• ENDING BALANCE 2/29/00 6,626.46 •* SERVICE CHARGE -00 MINIMUM BALANCE 3,065 ENCLOSURES as - - - - - - - - - - - - - - - MISCELLANEOUS DEBITS AND CREDITS - - - - - - - - - - - - - - - - DATE AMOUNT DESCRIPTION 2/02/00 1,402.00 CR DEPOSIT 2/02/00 5,700.00 CR DD Checking 46300548 2/02/00 6,000.00 CR DD Checking 46300289 2/02/00 4,096.56 Dk TRS/USATAXPYN'r 2/08/00 2,832.00 CR , o08T*T 2/00/00 4,437.00 CR DEPOSIT 2/10/00 9,255.00 CR DEPOSIT 2/10/00 19,509.65 CR DEPOSIT 2/11/00 7,000.00 DR DD Checking 46300548 2/16/00 3,000.00 CR DD Checking 46300548 2/16/00 4,066.58 DR IRS/USATAXPYMT 2/17/00 2,545.61 CR DEPOSIT 2/18/00 91.36 DR CHECK 1J4/11/zljt)tI it) :1L 106.3410.340 t DIRECT INOU1111ES 10: I mc-H i 1 vGDr-a 601 E.TAHQUITZ CANYON WAY PALM SPRINGS, CA. 92262 FAST BAN( (760)416-3336 PALM SPRINGS OFFICE DESERT REHAB SERVICES, INC. - - ACCOUNT 2/23/00 2,520.00 CR 2/23/00 21,929.86 CA 2/24/00 3,000.00 DR DATE 2/29/00 2/02/00 2/03/00 2/03/00 2/01/00 2/07/00 2/02/00 2/08/00 2/11/00 2/10/00 2/11/00 2/08/00 2/14/00 2/16/0 2/02/0 2/09/0 2/04/0 2/10/0 2/11/0 2/10/0 2/08/0 2/24/0 2/23/0 2/17/0 2/14/0 2/15/0 2/15/0 2/14/0 2/14/0 2/17/0 2/14/0 CHECKS POSTED CHECK NO. 13181 13199* 13200 13207* 13209* 13214* 13217* 13219 13219 13220 13221 13222 13223 0 13224 0 13225 0 13226 0 13227 0 23228 0 13229 0 13230 0 13231 0 13232 0 13233 0 13235* 0 13236 0 13237 0 13238 0 13239 p 13240 0 13241 0 13242 TYPE: DATE: TAX ID: PAGE., 0046500622 CONTINUED - DEPOSIT DEPOSIT DD Checking 46300548 AMOUNT DATE 25.00 2/18/00 237.00 2/22/00 9,763.65 2/14/00 1,352.50 2/23/00 86.00 2/24/00 108.07 2/23/00 108.91 2/24/00 764.00 2/25/00 8.45 2/24/00 4,234.17 2/23/00 758.59 2/17/00 180.00 2/23/00 622.83 2/23/00 442.87 2/23/00 500.00 2/29/00 354.00 2/28/00 259.95 2/25/00 681.94 2/26/00 829.65 2/23/00 2,183.57 2/29/00 10,000.00 2/25/00 963.00 2/29/00 400.00 2/26100 123.64 2/2S/00 500.00 2/04/00 500.37 2/09/00 72.45 2/01/00 1,143.43 2/17/00 40.85 2/22/00 259-19 2/24/00 50.00 2/14/00 FIRST BUSINESS CKING 2/29/00 ENCL Be SANK 024 0046500822 2 BRANCH 046 CHECKS POSTED CHECK NO. 13243 13244 13243 13246 13247 13248 13249 13250 13251 13252 13253 13254 13255 13256 13257 13261* 13262 13263 13264 13265 13266 13267 13268 13272* 14722* 14723 14726* 14730* 14736* 14739 14740 AMOUNT 87.50 5,21S.00 384.00 568.2S 318.13 76.48 400.00 223.76 190.35 95.19 700.00 204.00 301.26 80.25 60.44 279.45 230.24 73.23 2,000.00 112.43 441.15 38.40 94.16 452.50 455.58 S84.74 535.17 653.34 45S.58 584.74 545.17 05 15) C14(11( LUtJ CU lU. 1._ -DIRECT-INQUIRIES TO: IOUJM10J40 ..rtcr+ l 1 v cbr�u 601 E.TAHOUITZ CANYON WAY PALM SPRINGS, CA. 92262 FMCOMW M BAN( (760)416-3336 PALM SPRINGS OFFICE DESERT REHAB SERVICES, INC. TYPE: FIRST BUSINESS CRING DATE: 2/29/00 ENCL 88 TAX ID: BANK 024 0046500822 PAGEi 3 BRANCH 046 - - ACCOUNT 0046500822 CONTINUED - - 2/14/00 14741 745.49 2/29/00 14758* 564.74 2/15/00 14742 535.17 2/28/00 14759 545.17 2/14/00 14743 955.59 2/28/00 14760 745.49 2/14/00 14744 631.29 2/28/00 14761 535.17 2/14/00 14745 632.80 2/28/00 14762 955.59 2/17/00 14746 653.34 2/29/00 14763 631.29 2/14/00 14747 632.90 2/29/00 14764 632.80 2/15/00 14746 884.73 2/28/00 14766* 632.90 2/14/00 14749 750.75 2/25/00 14768* 750.75 2/15/00 14750 1,660.38 2/25/00 14769 1,929.11 2/14/00 14751 817.09 2/28/00 14770 817.09 2/11/00 14752 747.40 2/25/00 14771 747.40 2/29/00 14753 1,000.00 - ------ -- - - - - -- DAILY BALANCE SUMMARY - - - - - - - - - - - - - - - - - - -- - - DATE BALANCE DATE BALANCE 2/01/00 19,524.51 2/15/00 11,109.22 2/02/00 27,694.02 2/16/00 9,578.77 2/03/00 16,557.67 2/17/00 9,734.97 2/04/00 15,842.34 2/18/00 9,556.01 2/07/00 15,734.27 2/22/00 3,905.43 2108100 12,039.27 2/23/00 24,609.86 2/09/00 21,100.53 2/24/00 19,163.64 2/10/00 32,765.50 2/25/00 14,399.73 2/11/00 23,421.41 2/28/00 8,967.86 2/14/00 14,961.32 2/29/00 6,626.40 68 TOTAL ENCLOSURES 41,1 singr moulRIES to. 601 E.TAHQUITL CANYON WAY PALM SPRINGS, CA. 92262 mAu gm, _m (760)416-3336 fm PALM SPRINGS OFFICE DESERT REHAB SERVICES, INC. DBA THE RANCH ICO CREATIVE BOOKKEEPING -JENNY HENRY PO BOX 3159 PALM DESERT'CA 92261 TYPE: MNY MKT BUS i PUBLIC DATE: 2/29/00 ENCL 0 TAX ID: BANK 024 0046300348 PAGEt 1 BRANCH 046 QUICKSERVE YOUR "AFTER HOURS" INFORMATION SOURCE SIMPLY CALL TOLL FREE ANYTIME BETWEEN 6:00 AM AND MIDNIGHT FOR INFORMATION ON YOUR ACCOUNTS 1-BBS-217-5264 ----------------------------------------------------------------------------------------------- 8 MNY MKT BUS PUBLIC ----------------------_SUMMARY-FOR -i- ------------_-------------------------- BEGINNING BALANCE 2/01/00 44,717.52 DEPOSITS / MISC CREDITS 3 10,066.10 WITHDRAWALS / MISC DEBITS 2 8,700.00 •• ENDING BALANCE 2/29/00 46,085.62 «+ SERVICE CHARGE .00 INTEREST PAID 60.10 INTEREST PAID YEAR TO DATE 131.19 ANNUAL PERCENTAGE YIELD EARNED 2.01 NUMBER OF DAYS FOR A.P.Y.E. 29 AVERAGE BALANCE FOR A.P.Y.E. 42,973 MINIMUM BALANCE 39,017 MISCELLANEOUS DEBITS AND CREDITS DATE AMOUNT DESCRIPTION 2/02/00 5,100.00 DR DO Checking 46500622 2/11/00 7,000.00 CR DD Checking 46SO0822 2/16/00 3,000.00 DR DD Checking 46500822 2/24/00 3,000.00 CR DD Checking 46SO0822 2/29/00 68.10 CR INTEREST EARNED - - - - - - - - - - - - - - - - - DAILY BALANCE SUMMARY - - - - - - - - - - - - - - - - - - - DATE BALANCE DATE BALANCE 2/02/00 39,017.52 2/16/00 43,017.52 2/11/00 46,017.52 2/24/00 46,017.52 r- U U57 (NREt7 INmmnlES It): 601 E.TAHQUIT2 CANYON WAY PAIN SPRINGS, CA. 92262 (760)416-3336 PALM SPRINGS OFFICE DESERT REHAB SERVICES, INC. TYPEt FIRST BUSINESS CKING DBA THE RANCH ICO CREATIVE BOOKKEEPING -JENNY HENRY DATES 1131100 ENCL 103 PO BOX 3159 PALM DESERT CA 92261 TAX IDt BANK 024 0046500822 PAGEt 1 BRANCH 046 QUICKSERVE YOUR "AFTER HOURS" INFORMATION SOURCE SIMPLY CALL TOLL FREE ANYTIME BETWEEN 600 AM AND MIDNIGHT FOR INFORMATION ON YOUR ACCOUNTS 1-888-217-5264 ------------------------------------------------------------------------------------------------ 0046500822 SUMMARY FOR FIRST BUSINESS CKING ------------------------------------------------------------------------------------------------ BEGINNING BALANCE 1/01/00 14,967.30 DEPOSITS / MISC CREDITS 12 101,331.08 WITHDRAWALS / MISC DEBITS 107 96,152.70 •+ ENDING BALANCE 2/31/00 20,145.68 �• SERVICE CHARGE .00 MINIMUM BALANCE 364 ENCLOSURES 103 - - - - - - - - - - - - - - - - MISCELLANEOUS DEBITS AND CREDITS - - - - - - - - - - - - - - - DATE AMOUNT DESCRIPTION 1/04/00 860.00 CR DEPOSIT 1/05/00 3,578.00 CR DEPOSIT 1/05/00 5,000.00 CR DD Checking 46300548 1/OS/00 2,333.65 DR IRS/USATAXPYMT 1/05/00 3,126.23 DR IRS/USATAXPYMT 1/07/00 1,820.00 CR DEPOSIT 1/10/00 9,786.50 CR DEPOSIT 1/18/00 2,908.01 CR DEPOSIT 1/18/00 11,S20.00 CR DD Checking 46300546 1/10/00 4,054.26 DR IRS/USATAXPYMT 1/20/00 8,469.48 CR DEPOSIT 1/20/00 24,995.12 CR DEPOSIT 1/21/00 2,775.00 DR DD Checking 46300548 41 C 053 U4111/LUUU IU.a� lOU.]V10JrG DInEC t 11404111111.;5 14 ►. 601 E.TAHQUITZ CANYON WAY PALM SPRINGS, CA. 92262 (760)416-3336 wa 9" PALK SPRINGS OFFICE DESERT REHAB SERVICES, INC. - - ACCOUNT 1/25/00 28,972.97 CR 1/26/00 391.00 CR 1/27/00 15,000.00 DR 1/31/00 3,030.00 CR - - - - - - - - - - CHECKS POSTED DATE CHECK NO. 1/03/00 13134 1/06/00 13146• 1/14/00 13149* 1/13/00 13150 1/12/00 13151 1/03/00 13152 1/14/00 13153 1/27/00 13155� 1/04/00 13157t 1/20/00 13156 1/10/00 13159 1/11/OD 13160 1/13/00 13161 1/18/00 13162 1/24/00 13163 1/13/00 13164 1/13/00 13165 1/13/00 13166 1/14/00 13167 1/07/00 13168 1/12/00 13169 1/18/00 13170 1/10/00 13171 1/14/00 13172 1/12/00 13173 1/18/00 13174 1/20/00 13175 1/19/00 13176 1/14/DO 13177 1/19/00 13178 TYPEt FIRST BUSINESS CKING DATE: 1/31/00 ENCL 103 TAX ID: PAGEt 0046500822 CONTINUED - - DEPOSIT DEPOSIT DD Checking 46300549 DEPOSIT AMOUNT DATE 15.75 1/20/00 237.00 1/20/00 195.00 1/26/00 32.99 1/21/00 676.78 1/25/00 100.00 1/25/00 2,078.10 1/26/00 4,007.55 1/25/00 700.00 1/25/00 784.00 1/27/00 4,234.17 1/28/00 758.59 1/27/00 225.07 1/24/00 119.00 1/28/00 25.00 1/25/00 105.22 1/28/00 72.16 2/29/00 1,047.61 1/25/00 25.05 1/27/00 1,000.00 1/20/00 293.55 1/24/00 162.94 1/31/00 507.22 1/31/00 850.00 1/27/00 1,750.50 1/31/00 175.00 1/31/00 8.69 1/26/00 101.32 1/31/00 500.00 1/28/00 272.91 1/26/00 2 CHECKS POSTED CHECK NO. 13179 13100 13182• 13193 13184 13185 23196 13168• 13189 13190 13191 13192 13193 13194 13195 13196 13197 13198 13201• 13202 13203 13204 13205 13206 13208• 13210+ 13211 13212 13213 13215• BANK 024 0046500822 BRANCH 046 AMOUNT 330.19 442.07 745.19 464.84 318.13 113.14 108.63 218.07 217.74 113.70 865.42 90.00 1,204.24 850.00 79.06 1,271.00 57.94 361.19 411.61 500.00 83.75 100.00 79.55 869.46 32.90 93.10 500.00 34.84 363.85 402.50 053 CI4i11/LCJ DIRECT INQUIRIES 1 U:~~ 601 E.TAHQUITZ CANYON WAY PALM SPRINGS, CA. 92262 (760)416-3336T�B PALM SPRINGS OFFICE DESERT REHAB SERVICES, INC. TYPE: FIRST BUSINESS CKING DATE: 1/31/00 ENCL 103 TAX ID: BANK 024 0046500922 PAGEt 3 BRANCH 046 - - ACCOUNT 0046500822 CONTINUED - - 1/31/00 13216 163.32 1/18/00 14711 631.29 1/03/00 14680* 652.50 1/18/00 14712 632.00 1/10/00 14686* 584.34 1/21/00 14713 653.34 1/05/00 14688* 667.24 1/18/00 14714 632.80 1/07/00 14689 515.47 1/20/00 14715 $84.73 1/03/00 14691* 629.43 1/14/00 14716 750.75 1/03/00 14692 632.03 1/19/00 14717 1,828.11 1/03/00 14693 652.50 1/18/00 14710 817.09 1/03/00 14694 632.03 1/18/00 14719 690.72 1/03/00 14695 882.99 1/13/00 14720 1,777.84 1/03/00 14696 730.14 1/31/00 14724* 545.17 1/03/00 14697 782.80 1/31/00 14725 745.49 1103100 14699* 1,821.63 1/31/00 14727* 955.59 1/03/00 14700 1,772.26 1/31/00 14729 631.29 1/11/00 14702* 642.71 1/31/00 14729 632.90 1/03/00 14703 11500.00 1/31/00 14731* 632.90 1/25/00 14705* 447.95 1/31/00 14732 984.73 1/18/00 14706 504.74 1/28/00 14733 750.75 1/18/00 14707 545.17 1/31/00 14734 1,928.11 1/19/00 14708 688.81 1/31/00 14735 827.09 1/18/00 14709 516.24 1/31/00 14736 747.40 1/15/00 14710 955.59 DAILY BALANCE SUMMARY DATE BALANCE DATE BALANCE 1/03/00 4,143_24 1/16/00 783.95 1/04/00 4,303.24 1/19/00 364.72 1/05/00 6,734.12 1/20/00 30,923.64 1/06/00 6,497.12 1/21/00 27,030.66 1/07/00 6,801.65 1/24/00 25,717.67 1/10/00 12,353.98 1/25/00 52,935.36 1/11/00 10,952.66 1/26/00 51,892.54 1/12/00 8,241.85 1/27/00 30,601.22 1/13/00 4,980.96 1/20/00 26,039.86 1/14/00 582.06 1/31/00 20,145.60 103 TOTAL ENCLOSURES 41 060 G14/ I If LUUU 11 . UO DIRECT INQUIRIES TO., 601 E.TAHQUIT2 CANYON WAY PALM SPRINGS, CA. 92262 (7601416-3336 Rol W PALM SPRINGS OFFICE DESERT REHAB SERVICES, INC. DBA THE RANCH ICO CREATIVE BOOKKEEPING -JENNY HENRY PO BOX 3159 PALM DESERT CA 92261 TYPE: MY MKT BUS i PUBLIC DATE: 1/31/00 ENCL 0 TAX ID: PAGE: QUICKSERVE YOUR "AFTER HOURS" INFORMATION SOURCE BANK 024 0046300548 1 BRANCH 046 SIMPLY CALL TOLL FREE ANYTIME BETWEEN 6:00 AM AND MIDNIGHT FOR INFORMATION ON YOUR ACCOUNTS 1-868-217-5264 ------------------------------------------------------------------------------------------------ 0046300548 SUMMARY FOR MNY RKT BUS i PUBLIC ------------------------------------------------------------------------------------------------ BEGINNING BALANCE 1/01/00 43,399.43 DEPOSITS / MISC CREDITS 3 17,638.09 WITHDRAWALS / MISC DEBITS 2 16,520.00 "• ENDING BALANCE 1/31/00 44,717.52 SERVICE CHARGE .00 INTEREST PAID 63.09 INTEREST PAID YEAR TO DATE 63-09 ANNUAL PERCENTAGE YIELD EARNED 2.01 NUMBER OF DAYS FOR A.P.Y.E. 31 AVERAGE BALANCE FOR A.P.Y.E. 37,246 MINIMUM BALANCE 26,879 MISCELLANEOUS DEBITS AND CREDITS DATE AMOUNT DESCRIPTION 1/05/00 5,000.00 DR DD Checking 46500822 1/18/00 11,520.00 OR DD Checking -_ 46500622 1/21/00 2,775.00 CR DD Checking 46500822 1/27/00 15,000.00 CR DD Checking 46500822 1/31/00 63.09 CR INTEREST EARNED - - - - - - - - - - - - - - - - - - DAILY BALANCE SUMMARY - - - - - - - - - - - - - - - - - - - DATE BALANCE DATE BALANCE 1/05/00 38,399.43 1/21/00 29,654.43 1/18/00 26,879.43 1/27/00 44,654.43 n 6.61 UY/ 11/ <UU[,, 11. UG f DUJrlOJYU v('CGN 11vLOhli DIREci MQUIRIES TO: 601 E.TANQUITZ CANYON WAY PALM SPRINGS, CA. 92262 (psi BAN( (760)416-3336 PALM SPRINGS OFFICE DESERT REHAB SERVICES, INC. DBA THE RANCH ICO CREATIVE BOOXKEEPING-JENNY HENRY PO BOX 3159 PALM DESERT CA 92261 TYPE: FIRST BUSINESS CRING DATEt 12/31/99 ENCL 112 TAX IDt BAND 024 0046500822 PAGEt 1 BRANCH 046 QUICKSERVE YOUR "AFTER HOURS" INFORMATION SOURCE SIMPLY CALL TOLL FREE ANYTIME BETWEEN 6t00 AM AND MIDNIGHT FOR INFORMATION ON YOUR ACCOUNTS 1-608-217-5264 --------------------------------------------------------------------------------------------- 0046500622 SUMMARY FOR FIRST BUSINESS CKING ------------------ ---- BEGINNING BALANCE 12/01/99 27,025.S2 DEPOSITS / MISC CREDITS 8 97,790.63 WITHDRAWALS / MISC DEBITS 111 99,848.05 •• ENDING BALANCE 12/31/99 14,967.30 +� SERVICE CHARGE .00 MINIMUM BALANCE 11081 ENCLOSURES 112 MISCELLANEOUS DEBITS AND CREDITS DATE AMOUNT DESCRIPTION 12/02/99 4,449.00 CR DEPOSIT 12/08/99 12,903.23 CR DEPOSIT 12/08/99 5,555.87 DR IRS/USATAXPYMT 12/09/99 2,000.00 DR DD Checking 46300548 12/15/99 5,492.30 CR DEPOSIT 11/16/99 26,705.15 CR DEPOSIT 12/17/99 13.000.00 DR DD Checking 46300540 12/20/99 4,630.71-CR DEPOSIT 12/22/99 7,713.24 CR DEPOSIT 12/22/99 3,101.99 DR IRS/USATAXPYMT 12/22/99 782.80 DR CHECK 12/23/99 19,033.00 CR DEPOSIT 12/24/99 11,600.00 DR DD Checking 46300546 062 UV{ -0 �UUU ii. UC. UUu-a u.JVU DmFCT INOUlnlFS 70 601 E.TAHQUIT2 CANYON WAX PALM SPRINGS, CA. 92262 (760)416-3336T B PALM SPRINGS OFFICE DESERT REHAB SERVICES, INC. - - ACCOUNT 12/29/99 7,865.00 CR - - - - - - - - - CHECKS POSTED DATE CHECK NO. 12/01/99 13047 12/03/99 13067• 12/01/99 13072+ 12/01/99 13073 12/15/99 13077• 12/03/99 13078 12/03/99 13079 12/03/99 13080 12/09/99 13081 12/01/99 13082 12/09/99 13063 12/06/99 13094 12/09/99 13085 12/03/99 13096 12/02/99 13087 12/07/99 13088 12/02/99 13090• 12/00/99 13091 12/06/99 13092 12/02/99 13093 12/02/99 13094 12/02/99 13095 22/06/99 13096 12/06/99 13097 12/10/99 13090 12/10/99 13099 12/15/99 13100 12/13/99 13101 22/13/99 13102 12/13/99 13103 12/08/99 13104 12/10/99 13105 12/10/99 13106 TYPE: DATE: TAX ID: PAGE: 0046500822 CONTINUED - - DEPOSIT AMOUNT DATE 357.29 12/10/99 237.00 12/14/99 537.20 12/22/99 232.22 12/21/99 186.00 12/17/99 521.50 12/20/99 17.00 12/20/99 58.00 12/23/99 150.39 12/23/99 776.20 12/29/99 54.00 12/20/99 918.64 12/24/99 160.00 12/13/99 62.06 12/22/99 700.00 12/21/99 903.69 12/20/99 392.75 12/21/99 70.80 12/17/99 130.00 12/29/99 100.00 12/27/99 603.75 12/22/99 1,962-63 12/24/99 739.30 12/20/99 2S6.00 12/23/99 4,714.43 12/31/99 758.59 12/30/99 32.99 12/28/99 193.13 12/31/99 442.87 12/29/99 14.93 12/31/99 11000.00 12/28/99 371.05 12/29/99 692.53 12/27/99 FIRST BUSINESS CKING 12/31/99 ENCL 112 2 CHECKS POSTED CHECK NO. 13107 13109 13109 13110 13111 13112 13113 13114 13115 13116 13117 13118 13219 13120 13121 13122 13123 13124 13125 13126 13127 13128 13129 13130 13131 13132 13133 13135+ 13136 13137 13139 13139 13140 BANK 024 0046500822 BRANCH 046 AMOUNT 925.024 1,610.00, 512.00, 771.77 150.00. 957.75t 661.54 67.00` 23683 6SS.46 67.62. 33.78., 700..00: 170.40- 326.15 93.75 . 235.00 965.42' 1,684:42 27.33 319.27` 80.22, 3 2,000.00 200.00 1.76 29.35 61.25.- 260.00 64.91 •. 65.10 112.73 297.74 , 2)1 063 u4i —i cuuU ii. UU rOUJ`.a U.JtiU "`� WAEC'i lNOUTAIES 7'U: 601 E.TAHQUITZ CANYON NAY PALM BPAING8, CA. 42262 FWCOwNNAMTYBAN( (760)416-3336 PALM SPRINGS OFFICE DESERT RERAN SERVICES, INC. TYPE* FIRST BUSINESS CRING DATE: 12/31/99 ENCL 112 TAX IDi SANK 024 0046500822 PAGEt 3 BRANCH 046 - - ACCOUNT 0046500822 CONTINUED - - 12/26/99 13141 1,962.41 12/09/99 14663 682.99 12/30/99 13142 50.00 12/03/99 14664 750.14 12/29/99 13143 56.70 12/03/99 14665 2,007.17. 12/30/99 13144 89.59 12/06/99 14666 792.90 12/30/99 13145 1,715.01 12/06/99 14667 669.511 12/30/99 13148* 737.40 12/10/99 14669* 630.62, 12/31/99 13154* 304.00 12/03/99 14670 2,007.174 12/30/99 13156* 500.00 22/27/99 14672* 319.80" 12/06/99 14644* 100.00- 12/21/99 14673 526.06' 12/01/99 14649* 400.00t 12/20/99 14674 544.77 3 12/03/99 14650 400.00 12/17/99 14675 667.24 12/06/99 14651 500.00 12/20/99 14676 S15.47� 12/06/99 14652 400.00 12/20/99 14677 950.76i 12/06/99 14653 500.00 12/20/99 14678 629.4: 12/06/99 14654 526.06 12/20/99 14679 632.03 12/06/99 14655 544.77 12/17/99 14661* 632.01 12/06/99 24656 607.24 12/21/99 14662 882.99• 12/06/99 14657 515.47 12/17/99 14683 750.14 , 12/06/99 14650 950.76 12/17/99 1468S* 689.51t 12/06/99 14659 629.43 12/31/99 14687* 544.77, 12/06/99 14660 632.03 12/31/99 14690* 950.76,, 22/17/99 14661 652.50 12/31/99 14698* 669.511 12/06/99 14662 632.03 - - - - - - - - - - - - - - - - - DAILY BALANCE SUMMARY - - - - - - - - - - - - - - - - - - - DATE BALANCE DATE BALANCE 12/01/99 24,722.61 12/15/99 5,654.55 12/02/99 25,411.29 12/16/99 32,359.70 12/03/99 19,351.24 12/17/99 15,563.28 12/06/99 9,217.12 12/20/99 14,826.25 12/07/99 8,413.23 12/21/99 22,301.28 12/00/99 14,539.40 12/22/99 15,665.29 12/09/99 11,434.41 12/23/99 31,394.46 12/10/99 3,342.17 12/24/99 19,442.41 12/13/99 2,691.24 12/27/99 17,140.4S 12/14/99 1,081.24 12/28/99 1S,063.59 V64 OIREC7,INOUIRIES TO: 601 E.TAHQUITE CANYON WAY PALM SPRINGS, CA. 92262 1760)416-3336 PALM SPRINGS OFFICE DESERT REHAB SERVICES, INC. TYPE: DATE: TAX ID: PAGE: - - ACCOUNT 0046500022 CONTINUED - - 12/29/99 20,956.29 12/31/99 12/30/99 17,862.50 FIRST BUSINESS MING 12/31/99 ENCL 112 BANK 024 0046500622 4 BRANCH 046 14,967.30 1 0605 -•- YJ4/ 11/ LU[J t+ lU. 1L f OUJ`.i uJYu ,��„�„�� � v r_ DIRECT INQUIRIES TO: . 601 E.TAHQUIT2 CANYON WAY PALM SPRINGS, CA. 92262 (760)416-3336 PALM SPRINGS OFFICE DESERT REHAB SERVICES, INC. DBA THE RANCH ICO CREATIVE BOOKKEEPING -JENNY HENRY PO BOX 3159 PALM DESERT CA 92261 TYPE: MNY MKT BUS i PUBLIC DATEe 12/31/99 ENCL 0 TAX ID: BANK 024 0046300548 PAGE% 1 BRANCH 046 QUICKSERVE YOUR "AFTER HOURS" INFORMATION SOURCE SIMPLY CALL TOLL FREE ANYTIME BETWEEN 600 AM AND MIDNIGHT FOR INFORMATION ON YOUR ACCOUNTS 1-686-217-5264 ------------------------------------------------------------------------------------------------ 0046300548 SUMMARY FOR MNY MKT BUS i PUBLIC ------------------------------------------------------------------------------------------------ BEGINNING BALANCE 12/01/99 11,752.96 DEPOSITS / MISC CREDITS 5 31,646.47 WITHDRAWALS / MISC DEBITS 0 .00 �+ ENDING BALANCE 12/31/99 43,399.43 *+ SERVICE CHARGE .00 INTEREST PAID 46.47 INTEREST PAID YEAR TO DATE 365.76 ANNUAL PERCENTAGE YIELD EARNED 2.02 NUMBER OF DAYS FOR A.P.Y.E. 31 AVERAGE BALANCE FOR A.P.Y.E. 27,359 MINIMUM BALANCE 11,752 MISCELLANEOUS DEBITS AND CREDITS DATE AMOUNT DESCRIPTION 12/02/99 5,000.00 CR DEPOSIT 12/09/99 2,000.00 CR DD Checking 46500822 12/17/99 13,000.00 CR DD Checking 46500822 12/24/99 11,600.00 CR DD Checking 46500822 12/31/99 46.47 CR INTEREST EARNED - - - - - - - - - - - - - - - - - - DAILY BALANCE SUMMARY - - - - - - - - - - - - - - - - - - DATE BALANCE DATE BALANCE 12/02/99 16,752.96 12/17/99 31,752.96 12/09/99 18,752.96 12/24/99 43,352.96 V6ou U�/ DIREC 1" If!(JUIFUES I (h 601 E.TAHQUITZ CANYON WAY PALM SPRINGS, CA. 92262 (760)416-3336 mml 8 PALM SPRINGS OFFICE DESERT REHAB SERVICES, INC. TYPE., FIRST BUSINESS CKING DBA THE RANCH ICO CREATIVE BOOKKEEPING -JENNY HENRY DATEt 11/30/99 ENCL 109 PO BOX 3159 PALM DESERT CA 92261 TAX IDt HANK 024 0046500022 PAGEt i BRANCR 046 OUICKSERVE YOUR "AFTER HOURS" INFORMATION SOURCE SIMPLY CALL TOLL FREE ANYTIME BETWEEN 6t00 AM AND MIDNIGHT FOR INFORMATION ON YOUR ACCOUNTS 1-888-217-5264 -------------------------------------------------------------------------------- 0046500822 SUMMARY FOR FIRST BUSINESS CKING -------------------------------------------------------------------------------- BEGINNING BALANCE 11/01/99 7,914.43 DEPOSITS / MISC CREDITS 12 99,063.09 WITHDRAWALS / MISC DEBITS 113 79,952.00 *• ENDING BALANCE 11/30/99 27,025.52 *• SERVICE CHARGE .00 MINIMUM BALANCE 3,932 ENCLOSURES 109 MISCELLANEOUS DEBITS AND CREDITS DATE AMOUNT DESCRIPTION 11/01/99 1,300.00 CR DD Checking 46300549 11/03/99 550.00 CR DEPOSIT 11/03/99 3,368.00 CR DEPOSIT 11/03/99 9,000.00 CR DD Checking 46300546 11/05/99 1,125.00 CR DEPOSIT 11/00/99 11,865.47 CR DEPOSIT 11/10/99 3,643.01 DR IRS/USATAXPYMT 12/12/99 2,312.00 CR DEPOSIT 11/15/99 22,790.50 CR DEPOSIT 11/15/99 100.00 CR CREDIT MEMO 11/15/99 100.00 DR DEBIT MEMO 11/16/99 5,000.00 DR DD Checking 46300548 11/16/99 442.87 DR CHECK 0 67 DIREGT-minnIES 10: `- 601 E-TAHQUITE CANYON WAY PALM SPRINGS, CA. 92262 (760)416-3336 �Ty PALM SPRINGS OFFICE DESERT REHAB SERVICES, INC. - - ACCOUNT 11/19/99 1,640.36 CR 11/22/99 9,479.00 CR 11/24/99 3,643.01 DR 11/29/99 29,532.76 CR 11/30/99 5,000.00 DR - - - - - - - - - CHECKS POSTED DATE CHECK NO. 11/02/99 12972 11/12/99 12976* 11/01/99 12998* 11/12/99 12999 11/01/99 13002* 11/09/99 13006* 11/02/99 13009* 11/02/99 13010 11/05/99 13013* 11/17/99 13014 11/15/99 13015 11/17/99 23016 11/10/99 13017 11/01/99 13018 11/10/99 13019 11/12/99 13020 11/10/99 13021 11/15/99 13022 11/15/99 13024* 11/12/99 13025 11/12/99 13027* 11/16/99 13028 11/10/99 13029 ll/15/99 13030 11/15/99 13031 11/10/99 13032 11/15/99 13033 11/15/99 13034 11/15/99 13035 TYPES DATES TAX ID PAGES 0046500822 CONTINUED - DEPOSIT DEPOSIT IRS/USATAXPYMT DEPOSIT DD Checking 46300540 AMOUNT DATE 1,156.99 11/15/99 68.25 11/00/99 185.75 11/12/99 47.80 11/05/99 158.40 11/17/99 149.14 11/09/99 936.00 11/08/99 794.00 11/12/99 205.00 11/24/99 871.50 11/26/99 125.10 11/23/99 515.15 11/29/99 3,925.17 11/26/99 832.50 11/23/99 758.59 11/18/99 32.99 11/26/99 290.59 11/26/99 711.34 11/24/99 484.51 11/23/99 85.00 11/23/99 106.15 11/29/99 26.50 11/23/99 332.30 11/26/99 48.75 11/26/99 536.10 11/22/99 964.62 11/11/99 126.72 11/30/99 402.50 11/24/99 1,948.83 11/22/99 FIRST BUSINESS CKING 11/30/99 ENCL 109 BANK 024 0046500822 2 BRANCH 046 CHECKS POSTED CHECK NO. 13036 13037 13038 13039 13040 23041 13042 13043 13044 13045 13046 13048* 13049 13050 13051 13052 13053 13054 13055 130S6 13057 13059 13059 13060 13061 13062 13063 13064 13065 AMOUNT 291.78 256.00 620.00 300.00 2.00 159.10 100.00 1,000.00 140.75 200.15 909.35 62.16 294.23 47.50 700.00 66.04 21.00 105.04 229.74 329.56 40.90 42.75 14.12 074.42 2,331.75 67.00 1,132.00 41.58 1,439.72 V 6 3 MMEGI INQUIRIES 7o: j 601 L.TAMQUITS CANYON NAY PALM SPRINCS, CA. 92262 (760)416-3336 FW 0 PALM SPRINGS OFFICE DESERT REHAB SERVICES, INC. TYPE: rIRST BUSINESS CHINO; DATE: 11/30/99 ENCL 209 TAX ID: MM 024 0046500022 PAGE: 3 BRANCH 046 - - ACCOUNT 0046500822 CONTINUED - - 11/26/99 13066 339.10 11/09/99 14623 788.81 11/26/99 13068• 609.60 11/00/99 14624 689.51 11/22/99 13069 4,000.00 11/30/99 14626• 433.20 11/22/99 13070 256.00 11/29/99 14627 526.06 11/19/99 13071 700.00 11/22/99 14620 544.77 11/30/99 13074• 177.57 11/23/99 14629 697.24 11/29/99 13075 66.78 11/23/99 14630 515.47 11/29/99 13076 196.77 11/22/99 14631 899.19 11/02/99 14589• 433.20 11/23/99 14632 629.43 11/18/99 14590 526.06 11/22/99 14633 632.03 11/01/99 14605• 360.59 11/26/99 14634 652.50 11/02/99 14607• 425.00 11/19/99 14635 632.03 11/16/99 14610+ 433.20 11/23/99 14636 082.99 11/18/99 14611 526.06 11/19/99 14637 750.14 21/08/99 14612 544.77 11/16/99 14638 2,007.17 11/08/99 14613 687.24 11/22/99 14639 789.91 11/10/99 14614 515.47 11/22/99 14640 689.51 11/08/99 14615 899.19 11/29/99 14641 100.00 11/09/99 14616 629.43 11/24/99 14642 250.00 11/06/99 14617 632.03 11/29/99 14643 250.00 11/15/99 14618 652.50 11/24/99 14645• 350.00 11/08/99 14619 632.03 11/23/99 14646 350.00 21/12/99 14620 082.99 11/29/99 14647 400.00 11/08/99 14621 750.14 11/30/99 14646 400.00 11/05/99 14622 2,007.17 DAILY BALANCE SUMMARY DATE BALANCE DATE BALANCE 11/01/99 7,677.19 11/15/99 32,723.3S 11/02/99 3,932.00 11/16/99 24,013.61 11/03/99 16,850.00 11/17/99 23,337.86 11/05/99 15,462.83 11/18/99 21,585.76 11/08/99 26,719.15 11/19/99 21,143.95 11/09/99 26,411.91 11/22/99 19,041.17 11/10/99 15,982.16 11/23/99 14,217.14 11/12/99 15,250.98 11/24/99 9,677.96 r�')w �. r UY/ il( cUUU li. UU ! DUJti.UJrU vf:Lr., i��Ol.v r.v" .,,� affetrimilll111ES 601 E.TAHQUITZ CANYON WAY PALM SPRINGS, CA. 92262 (760)416-3336 PALM SPRINGS OFFICE DESERT REHAB SERVICES, INC. TYPE: DATEr TAX IDr PAGE: - - ACCOUNT 0046500822 CONTINUED - - 11/26/99 6,306.20 11/30/99 11/29/99 34,168.29 109 TOTAL ENCLOSURES FIRST BUSINESS CKING 11/30/99 ENCL 109 BANK 024 0046500022 4 BRANCO 046 27,025.52 4�2 070 DIRECT INOUIRIES TO: 601 E.TAHQUITZ CANYON WAY PALM SPRINGS, CA. 92262 (760)426-3336 F wr =4 �Lw PALM SPRINGS OFFICE DESERT REHAB SERVICES, INC. TYPEe NNY MKT BUS i PUBLIC DBA THE RANCH ICO CREATIVE BOOKKEEPING —JENNY HENRY DATE: 11/30/99 ENCL 0 PO BOX 3159 PALM DESERT CA 92261 TAX ID: BANK 024 0046300548 PAGE: 1 BRANCH 046 QUICKSERVE YOUR "AFTER HOURS" INFORMATION SOURCE SIMPLY CALL TOLL FREE ANYTIME BETWEEN 600 AN AND MIDNIGHT FOR INFORMATION ON YOUR ACCOUNTS 1-886-217-5264 --------------------------------------------------- 0046300548 --------------------------------------------- SUMMARY FOR MNY MKT BUS i PUBLIC . ------------------------------------------------------------------------------------------------ BEGINNING BALANCE 11/01/99 12,045.96 DEPOSITS / MISC CREDITS 3 10,007.00 WITHDRAWALS / MISC DEBITS 2 10,300.00 ** ENDING BALANCE 11/30/99 11,752.96 ** SERVICE CHARGE .00 INTEREST PAID 7.00 INTEREST PAID YEAR TO DATE 339.29 ANNUAL PERCENTAGE YIELD EARNED 1.71 NUMBER OF DAYS FOR A.P.Y.E. 30 AVERAGE BALANCE FOR A.P.Y.E. 5,013 MINIMUM BALANCE 1,745 — — — — — — — — — — — — — — — — MISCELLANEOUS DEBITS AND CREDITS — — — — — — — — — — — — — — — - DATE AMOUNT DESCRIPTION 11/01/99 1,300.00 DR DO Checking 46500822 11/03/99 9,000.00 DR DO Checking 46500822 11/16/99 5,000.00 CR DO Checking 46500822 11/30/99 5,000.00 CR DO Checking 46500822 11/30/99 7.00 CR INTEREST EARNED — — — — - - - - - - - - - - - DAILY BALANCE SUMMARY - - - - - - - - - - - - - - - - - - - — — DATE BALANCE DATE BALANCE 11/01/99 10,745.96 11/16/99 6,745.96 11/03/99 1,745.96 11/30/99 11,752.96 1)Os 017.1 DESERT REHAB SERVICES, INC. 1999-2000 PROPOSED OPERATION BUDGET THE RANCH HACIENDA COMBINED VALDEZ TOTALS MEN AND WOMEN WOMEN DETOX PROGRAM RE-ENTRY ----------------------------- I. INCOME $73,560 $582,720 $16,800 $673,080 II. EXPENSES $144,794 $534,674 $59,444 $738,912 ------------ NET TOTALS ($71,234) $48,046 ($42,644) ($65,832) III. RAISES AND EMPLOYEE BENEFITS ($29,273) (8% INCREASE) TOTAL OPERATIONAL BUDGET REQUIREMENTS ($95,105) IV. DEBT SERVICE ACCOUNT ($3,000. MONTHLY) ($36,000) V. CAPITAL IMPROVEMENTS AND PURCHASES (SEE ATTACHED) ($124,000) TOTAL ADDITIONAL BUDGET REQUIREMENTS ($255,105) LONG TERM DEBTS (APRIL 30, 1999) AUEN-BERGER FOUNDATION $149,400 INTEREST ON REMAINING LOAN AT 7% MONTHLY PAYMENT OF INTEREST ONLY $871 CASH IN BANK AS OF APRIL 30, 1999 $133,533 PROJECT CAN DO II HACIENDA VALDEZ CONSTRUCTION $151,840 RANCH CONSTRUCTION $247,610 430 072 DESERT REHAB SERVICES, INC. 1999-2000 PROPOSED OPERATION BUDGET THE RANCH - DETOX MONTHLY ANNUALLY INCOME: PRIVATE PAY 980 11,760 COUNTY CONTRACT 5,150 61,800 6,130 73,560 EXPENSES: SALARIES (STAFF & MANAGEMENT) 7,071 84,850 EMPLOYEE BENEFITS 1,446 17,350 PAYROLL TAXES 579 6,950 CONTRACT LABOR 783 9,400 PROPERTY TAXES 4 50 INSURANCES (LIABILITY,AUTO,DIR 200 2,400 UTILITIES 421 5,050 TELEPHONE 175 2,100 REPAIRS & MAINTENANCE 100 1,200 OPERATIONS 238 2,850 AUTO EXPENSES 113 1,350 FOOD 538 6,450 LICENSES & DUES 33 400 OFFICE SUPPLIES 96 11150 PROFESSIONAL & ACCOUNTING FEES 142 1,700 EDUCATION & TRAINING 4 50 LIFE INS - MANAGEMENT 13 150 INTEREST (BERGER) --------- 112 1,344 --------- --------- 12,066 144,794 --------- PROJECTED BUDGET SHORTFAL (5,936) (71,234) 431 73 DESERT REHAB SERVICES, INC. 1999-2000 PROPOSED OPERATION BUDGET THE RANCH - PROGRAM MONTHLY ANNUALLY INCOME: PRIVATE PAY 23,100 277,200 COUNTY CONTRACT 21,800 261,600 SHARE OF COST 650 7,800 FOOD STAMPS 2,910 34,920 OTHER: INTEREST, VENDING ETC 100 1,200 --------- --------- 48,560 --------- 582,720 --------- EXPENSES: SALARIES (STAFF & MANAGEMENT) 20,742 248,900 EMPLOYEE BENEFITS 5,088 61,050 PAYROLL TAXES 1,658 19,900 CONTRACT LABOR 788 9,450 PROPERTY TAXES 8 100 INSURANCES (LIABILITY,AUTO,DIR 1,211 14,530 UTILITIES 2,558 30,700 TELEPHONE 1,033 12,400 REPAIRS & MAINTENANCE 1,000 12,000 OPERATIONS 2,442 29,300 AUTO EXPENSES 1,025 12,300 FOOD 4,008 48,100 LICENSES & DUES 217 2,600 OFFICE SUPPLIES 875 10,500 PROFESSIONAL & ACCOUNTING FEES 958 11,500 EDUCATION & TRAINING 108 1,300 LIFE INS - MANAGEMENT 165 1,980 INTEREST (BERGER) 672 8,064 --------- --------- --------- 44,556 534,674 --------- PROJECTED BUDGET RESERVES 4,004 48,046 432 0711 DESERT REHAB SERVICES, INC. 1999-2000 PROPOSED OPERATION BUDGET HACIENDA VALDEZ - TRANSITION MONTHLY ANNUALLY - --------- INCOME: RENTS 1,400 16,800 1,400 16,800 ------------------ EXPENSES: SALARIES (STAFF & MANAGEMENT) 2,008 24,100 EMPLOYEE BENEFITS 554 6,650 PAYROLL TAXES 167 2,000 CONTRACT LABOR 175 2,100 INSURANCES (LIABILITY,AUTO,DIR 379 4,550 UTILITIES 1,150 13,800 TELEPHONE 113 1,350 REPAIRS & MAINTENANCE 100 1,200 OPERATIONS 13 150 PROPERTY TAXES 8 100 LICENSES & DUES 42 500 OFFICE SUPPLIES 8 100 PROFESSIONAL & ACCOUNTING FEES 121 1,450 EDUCATION & TRAINING 4 50 LIFE INS - MANAGEMENT 25 300 INTEREST (BERGER) 87 1,044 --------- 4,954 59,444 --------- PROJECTED BUDGET SHORTFAL (3,554) (42,644) 4331 0715 DESERT REHAB SERVICES, INC. THE RANCH & HACIENDA VALDEZ CAPITAL EXPENDITURES NEEDS LIST Fiscal Year 1999-2000 !. THE RANCH a. KITCHEN: DishMachines ................ ................................................ ........... ............................. $7.200 Commercial Garbage Disposal...........................................................................$1.200 CommercialRange............................................................................................... $3.600 b. VEHICLES: We transport residents to various appointments and activities, such as: Doctors, clinics, hospitals and AAfNA meetings. 8 Passenger Van ..................... $25,000 c. OFFICE EQUIPMENT & FURNITURE: Desks- 7.............................................................................................................. $6,300 StenoChair........................................................................................................... S 400 Computer w/Monitor & Printer................................................................................ $3,500 FileCabinets.......................................................................................................... $2,250 CopyMachine................................................................................................... $7,500 d. LANDSCAPING & IRRIGATION.................................................................$4,500 e. POOL AREA: Furniture............................................................................................................... $5,000 11. HACIENDA VALDEZ a. KITCHEN: DishMachines........................................................................................................ $7.200 Slicer................................................................................................................ $1,600 Commercial Garbage Disposal............................................................................ $1.200 SoiledDish Table.................................................................................................. $2.100 CleanDish Table.................................................................................................... $ 775 b. VEHICLES, We transport residents to various appointments and activities, such as. Doctors, clinics, hospitals and AA/NA meetings. 8 Passenger Van ..................... $25,000 c. CONSTRUCTION RoofRepair.......................................................................................................... $5.425 HotWater Well Repairs......................................................................................... S3,000 d. OFFICE EQUIPMENT & FURNITURE: Desks- 3............................................................................................................. $2,000 DeskChairs — 3................................................................................................. $ 900 SideChairs — 6.................................................................................................... $1,100 FileCabinets......................................................................................................... $1.250 e. LANDSCAPING & IRRIGATION.................................................................. $1,500 t. POOL AREA: 434 Furniture............................................................................................................... $4,500 6.18.99 TOTAL CAPITAL EXPENDITURES $124,000 u7 Form 990 r Department of the Treasury Internal Revenue Service Return of Organization Exempt From Income Tax Under section 501(c) of the Internal Revenue Code (except black lung benefit trust or private foundation) or section 4947(a)(1) nonexempt charitable trust Note: The organization ma have to use a copy of this return to satisfy state 1998 Thb Form b Open to Public A For the 1998 calendar Year OR tax year period beginning 7 01 1998 and ending 6 30 .19 99 B Check It: Please C 0 EMPIoyerldw8alaaeennentber ❑ Change oladdress a for 23-7365064 ❑ lnlllaireturn prYrtQ DESERT REHAB SERVICES, INC. E Telephonen-ber ❑ Finalreturn see 7885 ANNANDALE AVENUE ❑ Amendedreturn spec9lo DESERT HOT SPRINGS CA 92240 F check ► It exemption required also for ��— State reporting) I Ions. application Is pending G Type of organization ► N Exempt under section 501(c) ( 3 ) (Insert number) OR ► 0 section 4947(ax1) nonexempt charitable trust Note: Section 501 c 3 exempt organizations and 4947 a 1 nonexempt charitable trusts MUST attach a completed Schedule A(Form 990). H(s) Is this a group return filed for affiliates? ........................ LJ Yes 11 No I If either box in H Is checked "Yes; enter four -digit group (b) It 'Yes," enter the number of affiliates for which this return is filed:. ► exemption number (GEN) ► (c) Is this a separate return filed by an organization covered by a J Accounting method: ❑ Cash Accrual cup ruling? ............................................ ❑ Yes ® No ❑ Other s ed ► K Check here ► Ll If the organization's gross receipts are normally not more than $25,000. The organization need not file a return with the IRS; but if it received a Form 990 Package in the mail, it should file a return without financial data. Some states require a complete return. Note: Form 990-EZ ma be used b organizations with gross receipts less than $100 000 and total assets less than $250 000 at end of :.•.':it!&WlfP:#*i Qavnsx- C---w--s awA del-- a I— elae Aa ses — C—A Qsls is—_ — --at 1 Contributions, gifts, grants, and similar amounts received: a Direct public support ................................................. to 535,489 b Indirect public support ............................................... lb �. c Government contributions (grants) ...................................... tc d Total (add lines 1a through 1c) (attach schedule of contributors) (cash $ 535,489 noncash $ ) ........ See —Statement ... 1 1d 535 48S 2 722 16: 2 Program service revenue including government fees and contracts (from Part VII, line 93).................... •3 3 Membership dues and assessments............................................................ 4 4 Interest on savings and temporary cash investments ............................................... 5 5 Dividends and Interest from securities ................................... .. ................ eaGross rents ....................................................... ea b Less: rental expenses ................................................ 6b 4z aC c Net rental income or (loss) (subtract line 6b from line 6a)............................................ R E 7 Other Investment Income (describe ► 7 E (A) Securities (B) Other E BeGross amount from sale of assets other than inventory .... as,,�. yn b Less: cost or other basis and sales expenses ........... 8b"` c Gain or (loss) (attach schedule) .................... ac y4 z ad d Net gain or (loss) (combine line 8c, columns (A) and (B))............................................ 9 Special events and activities (attach schedule) a Gross revenue (not Including $ of contributions reported on line Is) .................................................. 9a b Less: direct expenses other than fundraising expenses ....................... 9b 4 ... . c Net Income or (loss) from special events (subtract line 9b from line 9a) ......... .. •................ 9c ' toa Gross sales of Inventory, less returns and allowances ....................... 10a bLess: cost of goods sold ............................................. 10b ". 10c c Gross profit or (loss) from sales of Inventory (attach schedule) (subtract line 10b from line 10a)................ 11 11 Other revenue (from Part VII, line 103).......................................................... 12 1 2 5 7 6 5 -. 12 Total revenue (add lines Id, 2, 3, 4, 5, 6c, 7, 8d, 9c, 10c, and 11) ...................................... E 13 Program services (from line 44, column (B))...................................................... 13 571 5 8 14 19 8 814 P 14 Management and general (from line 44, column (C))............................................... 15 57,981 N15 Fundraising (from line 44, column (D)).......................................................... E 16 Payments to affiliates (attach schedule).......................................................... 16 82 8 3 8,1 s 17 Total ex enaea (add lines 16 and 44, column A)) . 17 42 9 2 61 A 18 Excess or (deficit) for the year (subtract line 17 from line 12).......................................... 1a 541 9 0 N S 19 Net assets or fund balances at beginning of year (from line 73, column (A)) .............................. 19 _r T E T 20 Other changes in net assets or fund balances (attach explanation) ..................................... 20 971 1W s 21 Net assets or fund balances at end of year combine lines 18 19 and 20 . 21 FtrA eaaaN lie! KFA For Paperwork Reduction Act Notice, see page T or the separate ereaucuv..a. vv / Form990(199) DESERT REHAB SERVICES INC. 23-7365064 pap : Statement of All organizations must complete column (Al columns (Blr (c) and (D)rs required for section 5o/(c)(3)and (4) organlutiora and Functional Expenses section 4947(axl)nonexempt charitable trusts but optional for others. (see specific Instructions on Pao* 17.1 Do not include amounts reported on One 6b, 8b, 9b, 10b, or 16 of Part I. A Total (1 (B) Program services agement eneral (01 Fundraising 22 23SpecificassistancetoIndividuals 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3e 39 40 41 42 13 b Grants and allocations (att. sch.) ..............(cash t on c h i 1 (sit sch.) ........ Benefits paid to or for members (att. sch.) ......... Compensation of officers, directors, etc............ Other salaries and wages ...................... Pension plan contributions .................... Other employee benefits ..................... Payroll taxes ............................... Professional fundraising fees .................. Accounting fees ............................ Legal fees ................................. Supplies .................................. Telephone ................................ Postage and shipping ....................... Occupancy ................................ Equipment rental and maintenance .............. Printing and publications ..................... Travel .................................... Conferences, conventions, and meetings.......... Interest ................................... Depreciation, depletion, etc. (attach schedule) ...... Other expenses (itemize): a Statement 2 22 jand 23 24 25 87,115 601109 20,908 6, 09 f 2e 303,060 209,111 72,735 21 214 27 2a 63,020 43,484 15,125 4,41 29 34,087 23,520 8,181 2,38( 30 31 9,498 6,554 2,279 6 6 32 33 11,118 7 671 2,669 77( 34 16,525 11,402 3,966 1,15 35 36 79,043 54,540 18,970 5 53_ 37 38 39 40 41 11,136 7,684 2,673 77S 42 39,058 26,950 9,374 2,734 43a 174,724 120,560 41,934 12,23( 43b c 43C d 43d e 43e 94 Total functional expenses (add lines 22 thru 43) Organizations completing colums (BW)6 carry these totals to liras 13 -15.. 44 828.3841 571,585, 198,8141 5 7 9 8 Reporting of Joint Costs. - Did you report in column (B) (Program services) any joint costs from a combined educational campaign and fundraising solicitation?.................................................................................... ► ❑Yes ®No If "Yes," enter (1) the aggregate amount of these joint costs; ; (II) the amount allocated to Program services $ Ili the amount allocated to Management and general $ and Iv the amount allocated to Fundralsi $ „.„ 1 Statement of Pro ram Service Accom lishments seeSpecific Instructions on page 20. What Is the organization's primary exempt purpose? ► REHABILITATION All organizations must describe their exempt purpose achievements in a clear and concise manner. State the number of clients served, publications Issued, etc. Discuss achievements that are not measurable. (Section 501(c)(3) and (4) organizations and 4947 a (1) nonexempt charitable trusts must also enter the amount of rants and allocations to others. () p g ) Program Service es (Reqt.xpen 50l uired for 501(ej(3) and (4)orgs.and optimal f trusts; .) optional for others.) a ALCOHOL & DRUG REHABILITATION FACILITIES WITH DETOX 571 5 8 FACILITIES, REHABILITATION AND AFTERCARE COUNSELING. Grants and allocations $ 0 b (Grants and allocations $ c Grants and allocations S d d `� i v Grants and allocations $ e Other program services attach schedule Grants and allocations $ . ► _�_..,� - -1 s..s AA n-mn rB Pr in services) . r 571 58. f Total of Program service u 62828 sr OU u v ua� nno - , •_ .____ ___ f�7 Famsoovego) DESERT REHAB SERVICES, INC. 23-7365064 ftp Balafice Sheets (see Specific instructions on page 20.) Note: Where required, attached schedules and amounts within the description column should be for end -of -year amounts only. (A) Beginning of year (0) End of year 45 Cash - non -Interest -bearing ..................................................... 39,337 45 2.76,79-( 46 Savings and temporary cash Investments ........................................... 45 47 a Accounts receivable .................................... 47a 33,332 b Less: allowance for doubtful accounts ...................... 47b 27,923 47C 33, 33: 48 a Pledges receivable ..................................... 48a b Less: allowance for doubtful accounts ...................... 48b 48c 49 Grants receivable ............................................................. 49 A S S E T S 50 Receivables from officers, directors, trustees, and key employees (attach sch) ............... 51 a Other notes and loans receivable (attach schedule) ........... 15181 1,780 b Less: allowance for doubtful accounts ...................... I 51b 52 Inventories for sale or use ............................... * ....................... 63 Prepaid expenses and deferred charges ............................................ 50 1,780 sic 1,78 52 12,274 63 1,79' 54 54 Investments - securities (attach schedule) .......................................... .11111 'I 56 a Investments -land, buildings, and equipment: basis ............................................... 65a 1 b Less: accumulated depreciation (attach schedule) ............. SSb I 56C 66 Investments - other (attach schedule) ..............................................56 67a Land, buildings, and equipment: basis ..................... 157a 1 1,425,539 b Less: accumulated depreciation (attach schedule)&tMt ..... a I M 581,885 658,909 57C 843 , 651 58 Other assets (describe 10- 69 Total assets (add lines 45 through 58) (must equal line 74) ............................. 740,223 69 1,157,35S L! 1 Go Accounts payable and accrued expenses ........................................... 61 Grants payable ............................................................... 32,318 - eo 36, 78 61 62 A62 B 1 Deferred revenue ............................................................. 63 Loans from officers, directors, trustees, and key employees (attach schedule) ............... 63 a" L 64 a Tax-exempt bond liabilities (attach schedule) ........................................ 166,000 64b 149,40( I T 1 E b Mortgages and other notes payable (attach schedule) ................................. 65 Other liabilities (describe ►See Statement 4 S 66 Total liabilities (add lines 60 through 65) ......................... ....... 198,318 6e 186,18( N E T Organizations that follow SFAS 117, check here ►Do- DO and complete lines 67 through 69 and lines 73 and 74. K Nk 67 A 1 s E T s 0 R 67 Unrestricted .................................................................. 68 Temporarily restricted ......................................................... 69 Permanently restricted .......................................................... Organizations that do not follow SFAS 117, check here Ile, 11 and complete lines 70 through 74. 541,905 971, 172 68. 1 69 F u N B A L A c E s 70 Capital stock, trust principal, or current funds ........................................ 71 Paid -in or capital surplus, or land, building, and equipment fund ......................... 72 Retained earnings, endowment, accumulated Income, or other funds ..................... 73 Total net assets or fund balances (add lines 67 through 69 OR lines 70 through 72; column (A) must equal line 19 and column (B) must equal line 21) ........................ 174 Total liabilities and net assetatfund balances addlines66 and 73) ...................... 70 71 72 541,905 971,17 73 740,223 74 115735 ,, Form 990 Is available for public Inspection and, for some people, serves as me pfeuauy v w1a awwovo we - V_ ---- How the public perceives an organization In such cases may be determined by the Information presented on Its return. Therefore, please make sure the return is complete and accurate and fully describes, In Part 111, the organization's programs and accomplishments. 437 07 10 Form690(t998) DESERT REHAB SERVICES. INC f Y-M-1 Reconciliation of Revenue per Audited '' Reconciliation of Expenses per Audited • Financial Statements with Revenue per Financial Statements with Expenses per Return (See Specific Instructions, page 22.) Return a Total revenue, gains, and other support »:. r•... :..� {:<•";::: a Total expenses and losses per audited a 1,257,652 per audited financial statements ......... ► financial statements ..................... ► a 828 38 b Amounts included on line a but not on line 12, Form b Amounts included on Yne a but not on %` :t>#'y} n :: `'s<�^>:A>:<r«> •• r�;: 980: ••�.,�.,rr"'• line 17, Form (1) Net unrealized gains #4 # Ns »<;t;<; . Kx: (1) Donated services on Investments ..... $ :;::;:}:;:,}.::,,: :: ,::•:.: «..�... `:•:.::>L•:::�<::k•:.:":• •• °� . r::i.>;•} and use of facilities.... 2 Donated services ar (2) Prior yeadjustments and use of facilities . S •::»:>^�>.:•ys�.:�:}-}.:�:•..:.}:}>}: :'•<>:::<::: <>::: >;': >. reported on line 20, (3) Recoveries of prior Form 990 ........... _ Year S ants ....... r >:•.c>::: :::�:<:�:>:>.•.::;:L:.>•::: ••::< (3) Losses reported on ()Other (specify): line Fo rm orm 990 ..... $ +.•:i\iiiiiii�'{i:y;'r,:}.;:;'r,:?y;tCi 4 Other (specify): $ _ b $ Add amounts on lines (1) through (4) ..... ► It Add amounts on tines (1) through (4) ....... ► c Line a minus line b ................... ► c 1,257,652 c Line a minus line b ..................... ► Icl 8 2 8 3 84 d Amounts included on line 12, Form 990 but d Amounts included on fine 17 y...ry.: ++vM1cS::,..t :>::>��+<�>}}k:4:•s}<::.;;}�:;;�:.�} w• not on line a: ^'"` `' •`"' �'I ` ? �<<zz: Form 990 but not on fine is: (1) Investment expenses (1) Investment expenses not not Included on included on line 6b, line 6b Form 990 ... $ ':`:LL:`}:} Form 990 .......... (2) Other (specify) :'''•' :: }; }}: (2) Other (specify): $ iij:: = Add amounts on lines (1) and (2) .......... ► d Add amounts on lines (1) and (2) ........ 0-d is Total revenue per line 12, Form 990 is Total expenses per line 17, Form 990 lines plusline d . ► e 1,257,652 lines plusline d .......................► a 828,384 'Fife` List of Officers, Directors, Trustees, and Key Employees (List each one even If not compensated; see Specific Instructions on page 22.) (A) Name and address (8) Title and average hours per week devoted to position (C) Compensation f not palq enter -0-.) ) (o) Contributions to employee benefit plans & deferred compensation W)Expense account and otherallowances 3ARBARA BAXTER PRESIDENT None 0 0 C Z5.8 CASTELLANA SOUTH ?ALM DESERT CA 92260 aAYNE STIGALL SECRETARY None 0 0 C 72630 LOTUS COURT ?ALM DESERT CA 92260 CANDY HEWITSON TREASURER None 0 0 C 14850 SAN PABLO AVENUE ?ALM DESERT CA 92260 LICK MESA EXEC DIRECTOR 40 87,115 0 10272 ORCHIDTREE COURT ?ALM DESERT CA 92260 30B REORDAN PAST PRESIDEN None 0 0 C 13650 VIA BODALONA ?ALM DESERT CA 92211 JOE SOLOMON VICE PRESIDEN None 0 0 C 34 CALLE CLAIRE PALM DESERT, CA 92260 75 Did any officer, director, trustee, or key employee receive aggregate compensation of more than $100,000 from your organization and all related organizations, of which more than $10,000 was provided by the related organizations? .......................... ► 0 Yea ® No If "Yes," attach schedule - see Specific Instructions on page 22. V00 ForM990089e) DESERT REHAB SERVICES INC. 23-7365064 pap IFAM Other Information see Waft Instructions on pap 23. Yes I No 76 Did the orgenbation engage in any activity not previously reported to the IRS? B "Yes," attach a detailed description of eachactivity...............................................................................................PMON 77 Were any changes made In the organizing or governing documents but not reported to the IRS?..............................if "Yes; attach a conformed copy of the changes.78a Did the organization have unrelated business gross Income of $1,000 or more during the year covered by this return? .............b If "Yes," has it filed a tax return on Form 990-T for this year?...................................:...................... 79 Was there a liquidation, dissolution, termination, or substantial contraction during the year? I1"Yes; attach a statement................................................................................ 79 Son Is the organization related (other than by association with a statewide or nationwide organization) through common membership, governing bodies, trustees, officers, etc., to any other exempt or nonexempt organization? .................................. a" b If "Yes"enter the name of the organization ► N/A and check whether it Is exempt OR nonexempt. 81 a Enter the amount of political expenditures, direct or indirect, as described In the Instructions for line 81 . ala 0 b Did the organization file Form 1120-POL for this year?............................................................. alb } 82 a Did the organization receive donated services or the use of materials, equipment, or facilities at no charge or at substantially lessthan fat rental value?................................................................................... a2a 1 b If "Yes," you may Indicate the value of these items here. Do not include this amount as revenue in Part I or as an expense in Part II. (See Instructions for reporting In Part 111.) ....................... 182b N/A 83a Did the organization comply with the public Inspection requirements for returns and exemption applications? .................... a3a X b Did the organization comply with the disclosure requirements relating to quid pro quo contributions? ........................... 83b X 84 a Did the organization solicit any contributions or gifts that were not tax deductible? ........................................ a4a } b If "Yes," did the organization include with every solicitation an express statement that such contributions or gifts were not taxdeductible?............................................................................................ SO N A 85 501(c)(4), (6), or (6) organizations. - a Were substantially all dues nondeductible by members? .............................. ass N A b Did the organization make only in-house lobbying expenditures of $2,000 or less? ..................... . ................ 86b N A If "Yes" was answered to either 85a or 85b, do not complete 85c through 85h below unless the organisation received a waiver for proxy tax owed for the prior year. c Dues, assessments, and similar amounts from members .................................... 86c N/A d Section 162(e) lobbying and political expenditures ......................................... Slid N .A e Aggregate nondeductible amount of section 6033(ex1)(A) dues notices ......................... ase N A f Taxable amount of lobbying and political expenditures (line 85d less 85s) ........................ 85f N/A g Does the organization elect to pay the section 6033(e) tax on the amount in 85f?.......................................... a6 N A h If section 6033(e)(1)(A) dues notices were sent, does the organization agree to add the amount in 85f to its reasonable estimate of dues allocable to nondeductible lobbying and political expenditures for the following tax year? .............................. ash N A 86 601(c)(7) organizations. - Enter: a Initiation fees and capital contributions Included on line 12................................... Sea N/A b Gross receipts, included on line 12, for public use of club facilities ............................. 88b N/A 87 501(c)(12) organizations. - Enter: a Gross Income from members or shareholders ............................................. 878 N/A b Gross income from other sources. (Do not net amounts due or paid to other sources against amounts due or received from them.).......................................................... a7b N/A 8s At any time during the year, did the organization own a 60% or greater Interest In a taxable corporation or partnership? It"Yes," complete Part IX ........... ................................................................... IRS 89a 501(c)(3) organizations. - Enter: Amount of tax Imposed on the organization during the year under: section 4911► 0 ; section 4912 ► 0 ; section 4955 to-0 b 601(c)(3) and 601(c)(4) organizations. - Did the organization engage in any section 4958 excess benefit transaction during the year? If "Yes; attach a statement explaining each transaction..................................................... c Enter: Amount of tax Imposed on the organization managers or disqualified persons during the year under sections 4912, 4955, and 4958.............................................................................► d Enter: Amount of tax in 89c, above, reimbursed by the organization ................................................► 90 a Ust the states with which a copy of this return Is filed ► b Number of employees employed in the pay period that includes March 12,1998 (See Instructions.) .......................... 90b 91 The books are in care of ► CREATIVE BOOKKEEPING Telephone no. ► 760 - 340 -1738 Located at P. 74 - 633 EL PASEO #K, PALM DESERT, CA _ ZIP+4 ► 92260 Ll 92 Section 4947(a)(1) nonexempt charitable trusts filing Form 990 in tieu of Form 1041 - Check here....... ,. .. ....................... ► and enter the amount of tax-exempt Interest received or accrued during the tax year .. 011 92 N/A 433 U81i Forme90099e) DESERT REHAB SERVICES INC. 23 - 7365064 Pages Analysis of Income -Producing Activities (See Specific Instructions on page 27.1 Enter grass amounts unless otherwise indicated. 93 Program service revenue: nALCOHOL & DRUG REHAB Unrelated business Income Excluded b section 612, 613, or614 Related or exempt function Income (A) Business code (B) Amount 4C) Exclusion code (D) Amount 684,331 b INTEREST 14 1,212 cRETAIL STORE 5 35,824 dVENDING & LAUNDRY 3 791 e f Medicare/Medicaid payments ................ 9 Fees and contracts from government agencies ... 94 Membership dues and assessments ........... 96 Interest on savings & temporary cash Investments 96 Dividends and Interest from securities .......... 97 Net renal income or (loss) from real estate: a debt -financed property ..................... b not debt -financed property .................. 9e Net renal income or (loss) from personal property 99 Other Investment Income .................... 100 Gainiloss from sales of assets other than inventory 101 Net income or (loss) from special events ........ 102 Gross profit or (loss) from sales of Inventory ..... 103 Other revenue: a b "`*'`'""' 7. "`''r`" c d e 104 Subtotal (add (columns (B), (D), and (E))....... >`>`` ` ` 'I >:r11wffl,37,827 684,33 t 105 Total (add line 104, columns (B), (D), and (E)}........................................................ ► 722,163 Note: Line 105 plus line 1d, Part I, should equal the amount on line 12, Part I. Relationship of Activities to the Accomplishment of Exempt Purposes (See Specific Instructions on page M. Line "No. Explain how each activity for which Income Is reported In column (E) of Part VII contributed Importantly to the accomplishment of the organization's exempt purposes (other than by providing funds for such purposes). N/A Information Regarding Taxable Subsidiaries Icom lets this Part If the "Yes" box on line as Is checked. Name, address, and employer identification number of corporation or partnership Percentage of oInnera Interestst Nature of business acllvltles Total Income End -of -year assets V A % % Please Sign Here Paid Preparer's Use Only Under penalties of perjury, I declare that I have examined this return, Including accompanying schedules and statements, and to the best of my knowledge and belief, it Is true, correct, and complete. Declaration of preparer (other than officer) Is based on all Information of which preparer has any knowledge. (See General Instruction U, on page 12.) ' Signature of officer Date ' Type or print name and title. Date Check If Prsparer's 89" Preparer's self - signature ' ROBERT E . BOSEANT employed ► 0 570 - 86 - 3474 Boseant & Naffzi er CPA's EIN ► 33-0835441 Firm's name (or yours If self-employed) , 44 -100 Monterey#204 andaddrssa Palm Desert CA ZIP♦4 ► 92260 440 V V 2, SCHEDU).E A (Form 990) Department of the Treasury Internal Revenue Service Name of the organization DESERT REHA Organization Exempt Under Section 501(c)(3) (Except Private Foundation) and Section 601(e), so1(t), sol(k), We Ift 1546- 601(n), or Section 4947(aN1) Nonexempt Charitable Trust Supplementary Information 1998 See separate Instructions. ► Must be completed by the above organizations and attached to their Form 990 or 990-EZ. 23-7365064 Compensation of the Five Highest Paid Employees Other Than Officers, Directors, and Trustees (See Instructions on page 1. List each one. If there are none, enter "None.') SERVICES, INC. 40 Name and address of each employes paid more than a50.t100 (b) Title and average hotrs per week devoted to position (_) Compensation (d)(Dontributions to employee benefit plans a deferred compensation (a) Expense account and other allowances None Total number of other employees paid over $60,000 ► 0 lidll; Compensation of the Five Highest Paid Independent Contractors for Professional (See Instructions on oaae 1. List each one (whether individuals or firms.) If there are none. enter "None.1 Services (a) Name and address of each Independent contractor paid more than $50.000 (b) Type of service compensation None Total number of others receivingover $50 000 for professional services .. • •► 0 .,' For Paperwork Reduction Act Notice, see page 1 of the Instructions for Form 990 and Form 990-EZ. KFA Schedule A (Form 990)1998 U33441 schedule P%(Fwm 990) lose DESERT REHAB SERVICES, INC. 23-7365064 ftp .::. ".4 Statements About Activities I yes I No 1 During the year, has the organization attempted to influence national, state, or local legislation, Including any attempt to Influence public opinion on a legislative matter or referendum?....................................................... If "Yes," enter the total expenses paid or Incurred in connection with the lobbying activities. ► $ Organizations that made an election under section 501(h) by filing Form 5768 must complete Part VI -A. Other organizations checking "Yes," must complete Part VI-8 AND attach a statement giving a detailed description of the lobbying activities. 2 During the year, has the organization, either directly or indirectly, engaged in any of the following acts with any of Its trustees, directors, officers, creators, key employees, or members of their families, or with any taxable organization with which any such person Is affiliated as an officer, director, trustee, majority owner, or principal beneficiary: aSale, exchange, or leasing of property? .........................................................................1 28 j j X b Lending of money or other extension of credit?.................................................................. . c Furnishing of goods, services, or facilities?................................................................... 2c X d Payment of compensation (or payment or reimbursement of expenses if more than s1,000)?See ..EQrn1. 99.0,.. Fart . V e Transfer of any part of Its income or assets? ................................... 2e X If the answer to any question Is "Yes," attach a detailed statement explaining the transactions. 3 Does the organization make grants for scholarships, fellowships, student loans, etc.? .................................... 3 X r 4a Do you have a section 403(b) annuity plan for your employees?..................................................... 4a X b Attach a statement to explain how the organization determines that individuals or organizations receiving grants or loans from It In furtherance of Its charitable programs quality to receive payments. See Instructions on page 2. >Airi;t<> Reason for Non -Private Foundation Status (See Instructions on pages 2 through 4.) The organization Is not a private foundation because it Is: (Please check only ONE applicable box): 6 ❑ A church, convention of churches, or association of churches. Section 170(b)(1)(A)(i). 6 ❑ A school. Section 170(b)(1)(A)(11). (Also complete Part V, page 4.) 7 ❑ A hospital or a cooperative hospital service organization. Section 170(b)(1)(A)(111). a ❑ A Federal, state, or local government or governmental unit. Section 170(b)(1)(A)(v). 9 ❑ A medical research organization operated in conjunction with a hospital. Section 170(b)(1)(A)(111). Enter the hospital's name, city, end state 0. 10 ❑ An organization operated for the benefit of a college or university owned or operated by a governmental uniL Section 170(bXIXAxiv). (Also complete the Support Schedule in Part IV -A.) 11 a ❑ An organization that normally receives a substantial part of Its support from a governmental unit or from the general public. Section 170(b)(1)(A)(vl). (Also complete the Support Schedule In Part IV -A.) 11 b ❑ A community trust. Section 170(b)(1)(A)(vl). (Also complete the Support Schedule in Part IV -A.) 12 ❑ An organization that normally receives: (1) more then 331/3% of its support from contributions, membership fees, and gross receipts from activities related to its charitable, etc., functions —subject to certain exceptions, and (2) no more than 33113% of Its support from gross Investment Income and unrelated business taxable Income pass section 611 tax) from businesses acquired by the organization after June 30, 1975. See section 509(a)(2). (Also complete the Support Schedule in Part IV -A.) 13 ❑ An organization that Is not controlled by any disqualified persons (other than foundation managers) and supports organizations described in: (1) lines 5 through 12 above; or (2) section 601(c)(4), (6), or (6). if they meet the test of section 509(a)(2). (See section 609(a)(3).) Provide the following Information about the supported organizations. (See Instructions on page 4.) (b) Une number (a) Name(s) of supported organization(s) from above 14 0 An organization organized and operated to test for public safety. Section 509(a)(4). (See instructions on page 4.) scheduieA(F7M a)im DESERT REHAB SERVICES INC. 23-7365064 par Support Schedule (Complete only 0 you checked a box on One 10, 11, or 12.) Use cash met ad of accounting. . • Note: YOU MAtr Uftn flea wnrl[eheel In tho Ineb„wfi....e t..............u.... A-- & .-_-- - -- --_1 Calendar year (or fiscal yea beginning In)...... ► (a) 1997 (b) 19% (c) 1995 (d) 1994 (0) Total 16 Gifts, grants, and contributions received. (Do not Include unusual ants. See line 28.) ............ N/A 16 Membership fees received . 17 Gross receipts fromadnllssions, merchandise sold or services performed. or furnishing of facilities In any activity that Is a business unrelated to the aganization's charitable, etc., purpose . 18 Gross Income from Interest, dividends• amounts received from payments on sscurittes (section 5t 2(&x5% rents, royalties, and unrelated business taxable Income pest section 511 taxes) from businesses acquired by the organization after June 30, 1975 ............... 19 Net Income from unrelated business activities not Included In line 18 ... 20 Tax revenues levied for the organization's benefit and either aid to it or expended on Its behalf 21 The value of services or facilities furnished to the organization by a governmental unit without charge. Do not Include the value of services or facilities generally furnished to the public without charge ......... 22 Other Income. Attach a sch. Do not Include gain or (loss) from sale of capital assets ................. 23 Total of lines 15 through 22 ...... 24 Line 23 minus line 17 . 25 Enter 1% of line 23. . 26 Organizations described on lines 10 or 11: a Enter 2% of amount in column (a), line 24 ............ N A.....► Ige b Attach a list (which is not open to public inspection) showing the name of and amount contributed by each person (other than a government unit or publicly supported organization) whose total gifts for 1994 through 1997 exceeded 28b the amount shown In line 26a. Enter the sum of all these excess amounts ...................................... ► c Total support for section 509(a)(1) test: Enter line 24, column (a) .................. .........................► 2ec d Add: Amounts from column (e) for lines: 18 19` 22 tab ...............► 28d 280 e Public support (line 26c minus line 26d total) ......................................................... ...► 26f 1( f Public su on ercentage line 269 numerator divided b line 26c denominator .......................... ► 27 Organizations described on line 12: a For amounts Included In lines 15, 16, and 17 that were received from a "disqualified person; attach a list to show the name of, and total amounts received in each year from, each "disqualified person' Enter the sum of such amounts for each year: N/A (1997) (1996) (1995) (1994) b For any amount Included In line 17 that was received from a nondisqualified person, attach a list to show the name of, and amount received for each year, that was more than the lager of (1) the amount on line 25 for the year or (2) $5,000. (Include in the list organizations described in Ones 6 through 11. as well as individuals.) After computing the difference between the amount received and the larger amount described In (1) or (2), enter the sum of all these differences (the excess amounts) for each year: (1997) (1996) (1995) (1994) c Add: Amounts from column (e) for lines: is 1s 17 20 21 .......... Po- d Add: Line 27a total and line 27b total ........ ......... •► e Public support (line 27c total minus line 27d total) ........... ................... .. .................► f Total support for section 609(a)(2) test: Enter amount on line 23, column (9) .......... 10, 1 27f g Public support percentage (line 27e (numerator) divided by line 2711 (denominator)) .......................... ► It Investment Income percentage (line is, column a numerator divided by line 271 denominator .............. 10, 27c 27d 27e 27 1 27h ° 28 Unusual Grants: For an organization described In line 10, 11, or 12 that received any unusual grants during 1994 through 1997, attach a list (which Is not open to public Inspection) for each year showing the name of the contributor, the date and amount of the grant, and a brief description of the nature of the grant Do not Include these grants In line 15 (See instructions on page 4.) N/A ,4 ■ sshedute.A (Form 990)1991, DESERT REHAB SERVICES, INC. 23-7365064' paip Private School Questionnaire (See Instructions on page 4.) (To be completed ONLY by schools that checked the box on line 6 In Part IV) N 29 Does the organization have a racially nondiscriminatory policy toward students by statement In Its charter, bylaws, other governing Instrument, or In a resolution of Its governing body?......................................................... 30 Does the organization Include a statement of Its racially nondiscriminatory policy toward students In all Its brochures, catalogues, and other written communications with the public dealing with student admissions, programs, and scholarships? ................. 31 Has the organization publicized its racially nondiscriminatory policy through newspaper or broadcast media during the period of solicitation for students, or during the registration period if It has no solicitation program, in a way that makes the policy known to all parts of the general community it serves?.................................................................... . If "Yes," please describe; if "No," please explain. (If you need more space, attach a separate statement.) 32 Does the organization maintain the following: a Records indicating the racial composition of the student body, faculty, and administrative staff? ............................... b Records documenting that scholarships and other financial assistance are awarded on a racially nondiscriminatory basis? .......... c Copies of all catalogues, brochures, announcements, and other written communications to the public dealing with student admissions, programs, and scholarships?......................................................................... d Copies of all material used by the organization or on Its behalf to solicit contributions? ...................................... If you answered "No" to any of the above, please explain. (If you need more space, attach a separate statement.) 33 Does the organization discriminate by race in any way with respect to: a Students' rights or privileges?.................................................................................. bAdmissions policies?................................................................ ..................... . c Employment of faculty or administrative staff?..................................................................... dScholarships or other financial assistance?....................................................................... . eEducational policies?......................................................................................... fUse of facilities?............................................................................................ gAthletic programs?.......................................................................................... hOther extracurricular activities?................................................................................. If you answered "Yes" to any of the above, please explain. (it you need more space, attach a separate statement.) 34a Does the organization receive any financial aid or assistance from a governmental agency? .................................. b Has the organization's right to such aid ever been revoked or suspended? .............................................. . If you answered "Yes" to either 34a or b, please explain using an attached statement. 95 Does the organization certify that it has complied with the applicable requirements of sections 4.01 through 4.05 of Rev. Proc. 76-50, 107r—e r a KR7 envarinn racial nondiscrimination? If "No." attach an explanation.... _ 4'4 No SchadU1*A1F asol1aaa DESERT REEAB SERVICES INC. 23-7365064 papE Lobbying Expenditures by Electing Public Charities (See instructions on page 6.) N/A (To be completed ONLY by an eligible organization that tiled Form 5768) Check here ► a if the organization belongs to an affiliated group. Check here ► b ❑ if you checked "a" above and limited controP provisions apply. Limits on Lobbying Expenditures Antilated group To be co pletsd ng (The term "expenditures" means amounts paid or Incurred.) totals elHnne ecti .re..nivenr.e 36 Total lobbying expenditures to influence public opinion (grassroots lobbying) .................... 36 37 Total lobbying expenditures to Influence a legislative body (direct lobbying) ..................... 37 38 Total lobbying expenditures (add tines 36 and 37)........................................ 38 38 Other exempt purpose expenditures.................................................. 3e 40 Total exempt purpose expenditures (add lines 38 and 39).................................. 40 41 Lobbying nontaxable amount. Enter the amount from the following table - W. If the amount on line 40 Is - The lobbying nontaxable amount is - Not over $500,000...................... 20% of the amount on line 40................ . Over $500,000 but not over $1,000,000...... $100,000 plus 15% of the excess over $6W.000 . . Over $1,000,000 but not over $1,500,000 .... $175,000 plus 10% of the excess over $1,000,000 41 Over $1,500.000 but not over $17,000,000 ... $225.000 plus 5% of the excess over $1,500,000. . Over$17,000,000...................... E1,000,000............................... 42 Grassroots nontaxable amount (enter 25% of line 41)..................................... 42 43 Subtract line 42 from line 36. Enter -0- If line 42 Is more than line 36 ......................... 43 44 Subtract line 41 from line 38. Enter -0- if line 41 is more than line 38 .......................... Caution: If there is an amount on either line 43 or line 44, you must file Form 4720. 4-Year Averaging Period Under Section 5O1(h) (Some organizations that made a section 601(h) election do not have to complete all of the five columns below. See the Instructions for lines 45 through 50 on page 7.) Lobbying Expenditures During 4-Year Averaging Period Calendar year (a) (b) (e) (d) (0) (or fiscal year beginning in) ► 1998 1997 1996 1995 Total 45 Lobbying nontaxable amount.... . In ceiling amount 46 Lobbying }:L:i�i::v<i:;i::$$i�ivS• L:;?f!v:::i':•:$yt�tt{ : �,�;+•�, �,�*t•}•• • � »:•}; t `•`•+... e 5e line 4 150% of 47 Total lobbying expenditures..... . 48 Grassroots nontaxable amount . 49 Grassroots ceiling amount { s �. :$. ,• a (150% of line 48(e)) ............ ..... t:•::4::4:•}'r'{•;{.}•to:4:t}:J;{•}}:t4}}::ti:w:.}+}:• ::::.:}:•s:•}:.}>}:.}:}:•}:.}:.}:.}}:•:»:::::>::»;»:{:}:•:t«:zz;:s>:::::•:::t>.:>::}:•:>.. ... yr tv:: v..... . ;.. ..........:�:«„�t+:r}•,�,:t<.,+,t•.,r.�.: h .w 5o Grassroots lobbying expenditures . Lobbying Activity by Nonelecting Public CharitiesN/A (For reporting only by organizations that did not complete Part VI -A) (See Instructions on page 8.) During the year, did the organization attempt to Influence national, state or local legislation, Including any attempt to Influence public opinion on a legislative matter or referendum, through the use of: aVolunteers...................................................................................... b Paid staff or management (Include compensation in expenses reported on lines c through h.) ...................... cMedia advertisements............................................................................. d Mailings to members, legislators, or the public........ `.................................:............... . e Publications, or published or broadcast statements...................................................... . f Grants to other organizations for lobbying purposes...................................................... g Direct contact with legislators, their staffs, government officials, or a legislative body .............................. h Rallies, demonstrations, seminars, conventions, speeches, lectures, or any other means .......................... I Total lobbying expenditures (add lines c through h)....................................................... If "Yes" to any of the above, also attach a statement giving a detailed description of the lobbying activities. -v -Schedule.Aform 000)logs DESERT REHAB SERVICES, INC. 23-7365064 Paw Information Regarding Transfers To and Transactions and Relationships With Noncharitable Exempt Organizations 51 Did the reporting organization directly or Indirectly engage in any of the following with any other organization described in section 601(c) of the Code (other than section 601(c)(3) organizations) or In section 627. relating to political organizations? a Transfers from the reporting organization to a noncharitable exempt organization of: Yes No (1) Cash............................................................................................... (11) Other assets....................................................................................... b Other transactions: :bl (1) Sales of assets to a noncharitable exempt organization........................................................ (II) Purchases of assets from a noncharitable exempt organization.................................................. (III) Rental of facilities or equipment.......................................................................... b II : (Iv) Reimbursement arrangements........................................................................... bpv (v) Loans or loan guarantees............................................................................ b v (vi) Performance of services or membership or fundraising solicitations ............................................... b vl i c Sharing of facilities, equipment, mailing lists, other assets, or paid employees ........................................ c : d It the answer to any of the above Is "Yes," complete the following schedule. Column (b) should always show the fair market value of the goods, other assets, or services given by the reporting organization. If the organization received less than fair market value In any transaction or sharing arrangement, show In column (d) the value of the goods, other assets, or services received. (a) (b) (c) (d) Line no. Amount Involved Name of noncharitable exempt organization Description of transfers, transactions, and sharing arrangements N/A 52a Is the organization directly or Indirectly affiliated with, or related to, one or more tax-exempt organizations described in section 601(c) of the Code (other than section 501(c)(3)) or in section 527?........................................................ ► Yes ®Nr b If "Yes." complete the following schedule. N/A (a) I (b) I (c) Name of organization Type of organization Description of relationship 083 11998. California Statements Page 1 [Client DES-97 DESERT REHAB SERVICES, INC. 23-7365064 Statement 1 Form 199 Part I, Line 3 Contributions, Gifts, Grants, and Similar Amounts Received Not Open to Public Inspection ----------------------------- Direct Contributions: Contributor's Name Contributor's Address ------------------------------ ------------------------------ PALM DESERT FOUNDATION 39000 BOB HOPE DRIVE RANCHO MIRAGE, CA 92270 DAVID TANNER TRUST THE ANDREWS FOUNDATION JOHN P. MC GOVERN M.D. 1930 S. STATE STREET SALT LAKE CITY, UT 84115 1127 EUCLID AVENUE CLEVELAND, OH 44551-1407 2211 NORFOLK, SUITE 900 HOUSTON, TX 77098-4044 AGUA CALIENTE BAND OF CAHUILLA 600 E. TAHQUITZ CANYON WAY PALM SPRINGS, CA 92240 JEANNE S. ANDERSON 166 KIVA DRIVE PALM DESERT, CA 92260 CHARLES N MATHEWSON FOUNDATION 165 W LIBERTY STREET RENO, NV 89501 H.N. & FRANCES BERGER FOUND. DOBBINS FAMILY FOUNDATION THE AVEN-BERGER FOUNDATION THE WEBB-BERGER FOUNDATION CORINNE & JOSEPH SOLOMON DESERT HEALTHCARE DISTRICT INVESTMENT DECISION CORP. P.O. BOX 13390 PALM DESERT, CA 92255 6653 EMBARCADERO, SUITE Q STOCKTON, CA 93219 P.O. BOX 13390 PALM DESERT, CA 92255 P.O. BOX 13390 PALM DESERT, CA 92255 34 CALLE CLAIRE PALM DESERT, CA 92260 P.O. BOX 1508 PALM SPRINGS, CA 92263 64 EAST 6400 SOUTH Amount of Contr. $ 9,000 10,000 40,000 50,000 10,000 40,000 10,000 i 194,580 15;000 25,000 25,000 5,000 25,000 5,000 44w 089 1998 . Federal Statements Page 2 DESERT REHAB SERVICES, INC. 23-7365064 Statement 1 (Continued) Form 990 Part 1, Line 7d Contributions, Gifts, and Grants Direct Contributions: Amount Contributor's Name Contributor's Address of Contr. ----------------------------------------------------------------------- INVESTMENT DECISION CORP. 64 EAST 6400 SOUTH 5,000 MURRAY, UT 84107 THE CITY OF INDIAN WELLS 44950 ELDORADO DRIVE 5,000 INDIAN WELLS, CA 92210-7497 Direct Contributions less than $5,000 $ 661909 Total Direct Contributions, Line la Total Contributions, Line ld $ 535,489 $ 535,489 443 1998 . Federal Statements Page 3 DESERT REHAB SERVICES, INC. 23-7365M Statement 2 Form 990, Part II, Line 43 Other Expenses Other Expenses AUTO EXPENSES CASUAL LABOR EDUCATION & TRAINING FOOD INSURANCE LICENSES & FEES LIFE INSURANCE PROGRAM MATERIAL PROPERTY TAXES Total Statement 3 Form 990, Part IV, Line 57 Land, Buildings, and Equipment (A) Total $ 16,761 15,272 1,266 54,561 44,486 3,172 2,404 36,655 147 (B) Program Services 11,565 10,538 874 37,647 30,695 2,189 1,659 25,292 101 (C) Management & General 4,023 3,665 303 13,095 10,677 761 577 8,797 36 (D) Fundraising 1,173 1,069 89 3,819 3,114 222 168 2,566 10 $ 174,724 120,560 41,934 12,230 Accumulated Book Asset Basis Depreciation Value --------------------------------------------------------------------- Miscellaneous $ 1,425,539 581,885 843,654 Total $ 1,425,539 581,885 843,654 Statement 4 Form 990, Part IV, Line 65 Other Liabilities Ending ------------ Rounding................................................... $ 1 Total $ 1 443 v 91_ YEAR California Exempt Organization FORM 1998 Annual Information Return 199 For calendar or fiscal err buinning month 7 der 1 yew 1998, and ending month 6 day30yw 1999 :• i. •4'ic: t�'f'IIT.:Yoltt `gif111li> 'v<:�s'' ":zzr:: •r' A Final return? U Yes. If yes, check applicable boor W No California corporation number FEIN • ❑ Dissolved ❑ Withdrawn ❑ MergedMoorgantaed(attach explanation) D 0668920 123-7365064 It a box Is checked, enter date Attach Preaddressed Label 9 Check forms filed this year. State: toe 100 Ices or See instructions Federak ® eso ❑ e00EZ ❑ MT ❑ VWPF ❑ 104, ❑ MOM ❑ 1120 C If organization Is exempt under R&TC Section 23701 d and Is a school, Corporation/Organization name public charity, religious organization or Is controlled by a religious organization, check boor. See General Y eirvatlon F. No filling fee Isrequtea 0 ❑ DESERT REHAB SERVICES, INC. D Is this a group filing? See General Instruction M. ❑ Yes ® No Address E is this a nonexempt charitable trust as described in IRC Section 4e470x11117 ❑ Yes ® No F Accounting method used Accrual 7885 ANNANDALE AVENUE City State ZIP code DESERT HOT SPRINGS, CA 92240 Part I Complete Part I unless not required to file this form. See General Instructions B and C. 1 Gross sales or receipts from other sources. From Side 2, Part 11, line 8............................0 1 722,163 2 2 Gross dues and assessments from members and affiliates .....................................ill 3 535 489 Receipts 3 Gross contributions, gifts, grants, and similar amounts received. See Instructions....... Stmt.....1• and 4 Total gross receipts for filing requirement test. Add line 1 through line 3. ` Revenues This line must be completed. if the result is less than $25,000, see General Instruction, C............0 4 1,257,652 (Attach check 5 Cost of goods sold ........................................... 5 or money order here.) 6 Cost or other basis and sales expenses of assets sold ................ 16 7 Total costs. Add line 5 and line 6......................................................... 7 ' 6 1 2 5 7,652 E Total gross Income. Subtract line 7 from line 4. 9 Total expenses and disbursements. From Side 2, Part 11, line 18 . • . • .... • • . • . • ..... • 9 828,384 10 429268 Expenses 10 Excess of receipts over expenses and disbursements. Subtract line 9 from line 8 . .................... 11 Filing fee $10 or $25. See General Instruction, F............................................... 11 10 . Filing Fee 12 Penalty for failure to file on time. See General Instruction, L....................................... 12 13 Balance due. Add line 11 and line 12.. . 13 10 14 If exempt under R&TC Section 23701d, has the organization during the year: (1) participated In any political campaign, or (2) attempted to influence legislation or any ballot measure, or (3) made an election under R&TC Section 23704.5 (totaling to lobbying by public charities)? If yes," complete and attach form FTB 3509..................................... ❑ Yes ® No 15 Did the organization have any changes in Its activities, governing Instrument, articles of Incorporation or bylaws that have not been reported to the Franchise Tax Board? If "Yes," complete an explanation and attach copies of revised documents......... ❑ Yes, ® No 16 Is the organization exempt under R&TC Section 23701g?........................................................... ❑ Yes ® No If "yes," enter amount of gross receipts from nonmember sources $ 17 Did the organization file Form 100, Form 100S or Form 109 to report taxable income? .............................. . .... ❑Yes No If "Yes," enter amount of total income reported $ 16 The financial records are In care of CREATIVE BOOKKEEPING Daytime telephone 760 - 340 -173 8 Please Sign Here located at 74 - 633 EL PASEO #K, PALM DESERT, CA 92260 Under penalties of perjury, I declare that I have examined this return, Including accompanying schedules and statements, and to the best of my knowledge and belief, It Is true, correct and complete. Declaration of preparer (other than taxpayer) Is based on all Information of which preparer has any knowledge. ► Signature of officer Preprer's Paid signature ► ROBERT E . BOSEANT Preparer's Firm's name (or yours, Boseant & Naffziger, CPA's Use only 11 self-employed) ► 44 -100 Monterey #204 and address palm Desert, CA 92260 For privacy Act Notice, see form FTB 1131. Title ► Dale Telephone Date Preprar's socW security no. ChsckIf loved ❑ 570-86-3474 self-emp FEIN 33-0835441 Daytime telephone (760) 568-2699 -� 19998104059 �- Form 199 CI 1998 Slde 0912" 4-0 DESERT REHAB SERVICES,INC. 23-7365064 Part 11.Organizations with prose receipts of more than =26Ao9 and private foundations regardless of amount of gross 1 revel - complete Part 11 or furnish substfbAs Information. See Specific Line Instructions. Receiptsfrom Other6 Sources 1 Gross sales or receipts from SO business activities. See instruction .............................. 2 Interest........................................................................... 3 Dividends......................................................................... 4 Gross rents........................................................................ Gross royalties...................................................................... a Gross amount received from sale of assets.............................................Y 7 other Income. Attach schedule ...............................See . Stat emenL .. 2.. 1 2 3 4 e 7 722,1631 . a Total gross sales or receipts from other sources. Add line 1 through line 7. Enter here and on Side 1, Part 1, fine 1 . ................................................... a 722,163 Expenses and Disburse- ments14 9 10 11 12 13 16 16 17 1a Contributions, gift, grants, and similar amounts paid. Attach schedule ........................... Disbursements to or for members....................................................... Compensation of officers, directors and trustees. Attach schedule ....See . Statement ...3.. .................................. Other salaries and wages ....... .................... Interest........................................................................... Taxes............................................................................. Rents............................................................................. Depreciation and depletion ................................................ ....... other. Attach schedule ..................................... Sree . Stat.:ement... A.. Total expenses and disbursements. Add line 9 through One 17. Enter here and on Side 1, Part 1, One 9... 9 10 11 87,115 12 3 0 3 0 6 0 13 11136 141 34,087 16 79,043 16 39 058 17 274 885 18 828,384 hedule L Balance Sheets Beginning of income year End of Income year Assets '•}�.A<•.Y;: y 276,796 ..Cash ................................... • 33 332 2 Not accounts receivable .....................ri{ 27 923 3 Net notes receivable. Attach schedule.. « :s,.'" v' Y 1,780 1 780 4 Inventories ............................... :#<"'t:t,=•: >, .,, • T 6 Federal and state government obligations ....... v:<:.?^;<<; 6 Investments in other bonds. Attach schedule..... 7 Investments In stock. Attach schedule .......... `'>. , •' _; ;_} a Mortgage loans number of loans ...' 9 Other Investments. Attach schedule............ ':•=%=z:'•<°::>•<>}..;>.::. N..#:} ,<>� ��:4•}:::a�... ;.;• r: 1 425 539 10 a Depreciable assets ........................ .}.1, 201736 b Less accumulated depreciation .............. 542 82711 658,909 581 885 843,654 11 Land ................................... s:K:chW:•.{;• r . W 1,797 12 Other assets. Attach schedule .S.ee . Stm... 5 <rj�>ryx�� 12,274 }..... 1157359 0. 13 Total assets .............................. <> <'>w?; "2 740,223 LlablllUes and net worth .,:};:.>:w=.; :::: :r>-:>}:::'""v' 36,785 14 Accounts payable ......................... f ?^`s>: 32318 16 Contributions, gifts, grants payable ............ . <:::{_^ 16 Bonds and notes payable. Attach sched149,400 P Y : "�: w••:x 166,000 1T Mortgages payable ......................... '•.:;•`>'}:::::r z }`': 1 1a Other liabilities. Attach schedule See..St... 6 ` 971 173 19 Capital stock or principle fund ................:ijijiz;:<}{:;,cam:... "': 541,905 20 Paid -In or capital surplus. Attach reconciliation 21 Retained earnings or Income fund ............. :>.:., 3=,w�>�,•. i . 1 157 359 22 Total liabilities and net worth > �•> >•_� } Schedule M-1 Reconciliation of Income per books with Income per return Do not complete this schedule if the amount on Schedule L, line 13, column (d), is less than $25,000. 1 Net income per books ............................ 2 Federal Income tax ............................... 3 Excess of capital losses over capital gains ............. 4 Income not recorded on books this year. Attach schedule ............................. 6, Expenses recorded on books this year not deducted In this return. Aft sch ...................... 6 Total. Add line 1 through line Side 2 Form 199 C1 1998 7 Income recorded on books this year not Included In this return. Attach schedule ................... a Deductions In this return not charged against book Income this year. Attach schedule ................... 9 Total. Add One 7 and One 8 .......... • 10 Net income per return. 2 6 8 Subtract One 9 from One 8 ......... 19998204059 �— �y� 45.E 1998. Federal Statements Page 1 l Client DES-97 * DESERT REHAB SERVICES, INC. 23-7365064 Statement 1 Form 990 Part I, Line 1d Contributions, Gifts, and Grants Not Open to Public Inspection ----------------------------- Direct Contributions: Contributor's Name Contributor's Address ------------------------------ ------------------------------ PALM DESERT FOUNDATION 39000 BOB HOPE DRIVE RANCHO MIRAGE, CA 92270 DAVID TANNER TRUST THE ANDREWS FOUNDATION JOHN P. MC GOVERN M.D. 1930 S. STATE STREET SALT LAKE CITY, UT 84115 1127 EUCLID AVENUE CLEVELAND, OH 44551-1407 2211 NORFOLK, SUITE 900 HOUSTON, TX 77098-4044 AGUA CALIENTE BAND OF CAHUILLA 600 E. TAHQUITZ CANYON WAY PALM SPRINGS, CA 92240 JEANNE S. ANDERSON 166 KIVA DRIVE PALM DESERT, CA 92260 CHARLES N MATHEWSON FOUNDATION 165 W LIBERTY STREET RENO, NV 89501 H.N. & FRANCES BERGER FOUND. DOBBINS FAMILY FOUNDATION THE AVEN-BERGER FOUNDATION THE WEBB-BERGER FOUNDATION CORINNE & JOSEPH SOLOMON DESERT HEALTHCARE DISTRICT P.O. BOX 13390 PALM DESERT, CA 92255 6653 EMBARCADERO, SUITE Q STOCKTON, CA 93219 P.O. BOX 13390 PALM DESERT, CA 92255 P.O. BOX 13390 PALM DESERT, CA 92255 34 CALLE CLAIRE PALM DESERT, CA 92260 P.O. BOX 1508 PALM SPRINGS, CA 92263 Amount of Contr. $ 9,000 10,000 40,000 50,000 10,000 40,000 10,000 194,580 15,000 25,000 25,000 5,000 25,000 1998. California Statements Page 2 DESERT REHAB SERVICES, INC. 23-T365064 Statement 1 (Continued) Form 199 Part I, Line 3 Contributions, Gifts, Grants, and Similar Amounts Received Direct Contributions: Amount Contributor's Name Contributor's Address of Contr. ------------------------------ ------------------------------ MURRAY, UT 84107 ----------- THE CITY OF INDIAN WELLS 44950 ELDORADO DRIVE 5,000 INDIAN WELLS, CA 92210-7497 Direct Contributions less than $5,000 $ 66,909 Total Direct Contributions $ 535,-489 1. Total Contributions, Line 3 $ 535,489 45? 1998 California Statements DESERT REHAB SERVICES, INC. Page 3 23-7365M Statement 2 Form 199, Part II, Line 7 Other Income ProgramService Revenue .................................... $ 722,163 Total $ 722,163 Statement 3 Form 199, Part II, Line 11 Compensation of Officers, Directors, and Trustees i Employee Expense Name, Address and Title & avg. Ben. Pin Account/ Social Security Number Hrs/wk devoted Comp. Contrib. Other -------- ------------------------------ BARBARA BAXTER --------------- PRESIDENT --------- 0 -------- 0 0 258 CASTELLANA SOUTH None PALM DESERT, CA 92260 WAYNE STIGALL SECRETARY 0 0 0 72630 LOTUS COURT None PALM DESERT, CA 92260 RANDY HEWITSON TREASURER 0 0 0 44850 SAN PABLO AVENUE None PALM DESERT, CA 92260 RICK MESA EXEC DIRECTOR 87,115 0 0 40272 ORCHIDTREE COURT 40 PALM DESERT, CA 92260 BOB REORDAN PAST PRESIDENT 0 0 0 43650 VIA BODALONA None PALM DESERT, CA 92211 JOE SOLOMON VICE PRESIDENT 0 0 0 34 CALLE CLAIRE None PALM DESERT, CA 92260 I Total $ 87,115 0 0 454 091 11998. California Statements Page 4 I DESERT REHAB SERVICES, INC. 23-7365064 Statement 4 Form 199, Part II, Line 17 Other Expenses Accountingfees ............................................ $ 9,498 AUTO EXPENSES .............................................. 16,761 CASUAL LABOR ............................................... 15,272 EDUCATION & TRAINING ....................................... 1,266 FOOD....................................................... 54,561 INSURANCE .................................................. 44;486 LICENSES & FEES .............. ............................ 3,172 LIFE INSURANCE ............................................. 2,404 Other employee benefits .................................... 63,020 PROGRAM MATERIAL ........................................... 36,655 PROPERTY TAXES ............................................. 147 Supplies................................................... 11,118 Telephone.................................................. 16,525 Total $ 274,885 Statement 5 Form 199, Schedule L, Line 12 Other Assets Ending Prepaid expenses and deferred charges ...................... $ 1.,797 Total 1,797 Statement 6 Form 199, Schedule L, Line 18 Other Liabilities Rounding................................................... Ending 1 $ 1 aaa�aa::as: 97 FORM CT — 2 (REV.12-97) MAIL TO: Registry of Charitsbla Trusts P.O. Box 903447 Sacramento, CA 94203-4470 Telephone (916) 446-2021 PERIODIC REPORT TO ATTORNEY GENERAL OF CALIFORNIA Section 12686, California Government Code Fallure to Me this raport by the ism day of the fifth month after tM close Of your at:emmong period may result In the loss of your tint usmplion and the anent of a minimum tax of =1100 plus Interest. ACCOUNTING PERIOD - For the Year Beginning 7 / 01 .1998 and Ending 6 / 3 0 ,19 99 It address changed check here...... ► LJ and show changes below 1 USE THIS PEEL -OFF LABEL ON CT-2 FORMS SUBMITTED. state charity n% leave blank) number CT 116077 p/unknown, leave blank) DESERT REHAB SERVICES, INC. gmI�tonNo. D 0668920 Name of organization 7885 ANNANDALE AVENUE A. Is the organl=tIon exempt from Yea No Address (number and street) federal Income tax? X DESERT HOT SPRINGS, CA 92240 B. If "no", is this entity a spi t-interest trust? N A City or Town, State, and ZIP code If "no", aft Exhibit A to explain your • • federal tax status. PART I FILING REQUIREMENTS: CHECK ONE BOX AND ATTACH THE REQUIRED IRS FORMS 10 This entity Is not a private foundation. We have attached a completed copy of IRS Form 990 or 990EZ, and Schedule A (Form 990) and related attachments (even though we may not be required to file these uniform forms with the IRS). Omit Part III below. ❑ This entity Is a private foundation. We have attached a completed copy of IRS Form 990-PF and related attachments. Complete all Parts below. PART IA ACTIVITIES: ENTER AMOUNTS AND CHECK BOX Yea No Gross receipts = 1, 257, 652 Total assets s 1, 15 7, 3 5 9 Are the program activities of this entity limited solely to antmakin ? .. X ......................................................... PART 11 STATEMENTS REGARDING THIS ORGANIZATION DURING THE PERIOD OF THIS REPORT Yes No 1 Was 60% or more of your total revenue from government agencies? ......................................................... X It yes", check below the government agencies and the total grant amounts received from each. i 1(a) Federal ❑ , 1(b) State ❑ , 1(c) City ❑ 1(d) County ❑ 2 Were you audited by any government agency which resulted in audit exceptions in excess of $50,000 being taken? .................... 2 X ' If yes", attach a copy of the audit report Enter here the total exceptions.................28 $ `i 3 Did an auditor or accountant Issue a report on your financial statements?.....................................................3 X I If yes", enter: Accountant's or Auditor's Name Telephone 4 Were there any contracts, loans, leases or other financial transactions between the organization and any officer, director or trustee thereof either directly or with an entity In which any officer, director or trustee had any financial Interest? (exclude the payment of life insurance on an officer or director; financing the principal residence of officer; compensation for services disclosed on 4 X the List of Officers, Directors and Trustees on Form 990, Part V; Form 990EZ, Part IV; or Form 990F, Part MI.) If yes", attach a full explanation. Enter here the amount involved ...................... 48 $ <; 5 Did you transfer or donate anything to an organization that Is not tax-exempt under Section 501 (c)(3) or 601 (c)(4) of the IRC2 ..........5 X If yes", attach a justification of why noncharitable entities receive your charitable property. Enter here the fair market value ofthe donations............................................................58 $ <;I 6 Did this organization regularly solicit salvage, sell salvage in a thrift store, or was It a party to a contract involving the solicitation or sale of salvage? If yes", include amounts on Form 990, line 10........................................................6 X 7(a)Was there any theft, embezzlement, diversion or misuse of your charitable property or funds? • .7(e) X It yes", attach a schedule giving a full and complete explanation.................................................... . 7(b)Were any of your officers, directors or trustees named in any court action in which It was alleged that any trust or fiduciary duty was breached? It yes", attach a statement giving a full and complete explanation..........................................7(b) X 7(c)Were there any allegations of theft, embezzlement, diversion, or misuse of funds or property by officers, directors, 3 trustees or employees which were investigated by your organization? If yes", attach a statement giving a full and . • • . • . • • .. i(c) X complete explanation.............................................................................. 8 X 1 8 Were any organization funds used to pay any penalty, fine or judgment? ....................... • .. • . • • • . • . • • • • • If yes", attach a full explanation. Enter here the total amount Involved .................. ' Under penalties of perjury, I declare that I have examined this report, Including accompanying documents, schedules and statements, and to the best of my knowledge and belief, It Is true, correct and complete. Organization's area code and telephone number Signature of authorized officer (See Instructions) Rented Name Title Gate 4 J V PAGE 1, Original - Mall to: Registry of Charitable Trusts Uy DESERT REHAB SERVICES, INC. -LSC . 23-7365064 9 Did a fundraising consultant or commercial fundraiser receive any payment from you, or retain any money from fundraisingon your behalf?................................................................................... 9 If yes", complete Part IV (Form CT-2). 10 Did your Invested assets total $50,000 or more? If yes", complete Part V (Form CT-2) (See tine 12 Instructions) ...................10 11 Did you receive any Income from any bingo game?..................................................................11 If yes", enter here and on Form 990, One 9a, the gross receipts provided by all bingo players before deductions for any costs or prizes, whether or not all gross receipts were received by your organization ...118 $ 12 Employee compensation for the five highest paid employees: (a) Did any Individual employee receive salary plus employer contribution to employee benefit plans, expense account or other allowance In excess of$100,000?............................................................128 (b) Other than salary, was compensation, bonuses or other benefits not listed In (a) above of $10,000 or more, paidany employee?...................................................................................12b (c) Did any employee receive the benefit of a residence for personal use which was owned or leased by the organization? ....... 12c (d) Did the organization lease, rent or purchase any equipment, property, or facility to or from an employee or any business entity In which the employee had any financial Interest? ......................................... .12d If yes", enter here the total amount Involved...................................12d $ (e) Did the organization make any loans In excess of $5,000 to any employee?.........................................120 If any of questions 12(a), (b), (c), (d), or (e) are answered yes", attach specific details to fully explain any yes" response and fully complete Part I, Schedule A (Form 990). 13 Did you make payments totalling over $50,000 to any Independent consultants or contractors other than for (a) fundraising, (b) accounting, (c) legal fees, (d) Investment fees? .................................................... 13 If yes", either complete Part II of Schedule A (Form 990) for the five highest paid regardless of the amounts; or, attach a similar schedule of names, addresses, type of service and amounts. Enter here the total of all payments to all Independent contractors...............138 $ 14 If you Incurred or paid any of the following taxes and/or related penalties, enter blanks provided. a. Payroll ................................................... 14 b. Sales (on items you sold) .................................... 14 c. Personal property ......................................... 11 d. Real Estate ............................................. 14 e. Unrelated Business Income .................................. 14 in Tax 15 Were you named as a beneficiary to receive a portion of commercial transactions (commercial co -ventures, Jointventure marketing, or cause -related markefing)?................................................................ . Ifyes", enter here the gross amount received......................................158 $ ) " LSC DESERT REHAB SERVICES, INC. 23-7365064 PAT III • ADDITIONAL INFORMATION FROM PRIVATE FOUNDATIONS ONLY Yes No 16 Did you file a Form 4720 with the Internal Revenue Service? ............................................... 16 r: If "yes," attach a copy of Form 4720 and enter here the amount of total taxes paid with that return .................. 16a N/A PART IV FUNDRAISING CONSULTANT OR COMMERCIAL FUNDRAISER (FC-CFR) ACTIVITY #1 ACTIVITY fit 17 Brief Description of Campaign, Drive, Event, or Services 18 Date or Period Covered 19 Name of FC-CFR Address of FC-CFR (SEE QUESTION s) ACTIVITY #3 "• 21 Gross Receipts from Donors' 22 Total Retained by or Paid to FC-CFR 22 0 23 All Other Fund-RaisinExpenses 23 0 24 Net Proceeds Una 21 Less 22 and 23 24 0 'On line 21, do not deduct any costs from gross donations. ""NOTE: If more than three activities, attach a schedule using the same format and include amounts in Part IV totals. PART V SUMMARY OF INVESTMENTS TOTALING $50,000 OR MORE (SEE QUESTION 10) N/A 25 Securities, beginning of year at cost 25 26 .................................................................... Securities acquired, at cost or original basis.............................................................. 26 27 28 Securities sold, at cost or original basis (may Include sales expenses) .......................................... Securities, end of year at cost 27 — 28 29 ........................................................................ Securities, end of year at market value.................................................................. 29 30 31 32 33 34 35 Sum of all gains on sales during the year................................................................ Sum of all losses on safes during the year ........................................... 6 ................... Dividends and interest from securities (990, line 5 or 990-PF, Part 1, line 4, column (a)) ............................ Total return realized (line 30 less line 31, plus line 32)...................................................... Less all fees, salaries, and other costs Incurred to earn investment Income ...................................... Net return realized from Investments In securities (line 33 less line 34).......................................... 30 31 '- 32 33 34 — 35 Has this organization engaged In, purchased, sold or held during the year: 36 Investments (any type) which produce no current Income? .................................................. 36 37 Investments (any type) worth one half or less of original basis? ............................................... 37 38 Securities on margin?............................................................................... 38 39 Warrants, puts, calls, options, commodity futures, or short sales? ............................................. 39 40 Stocks rated "Speculative Grade" by Moody's, or ranked "B= or lower by Standard & Poor's?....................... 40 41 Securities not publicly traded?........................................................................ 41 42 Municipal bonds or similar tax-exempt securities which yield less than taxable securities? ....................... • .. 42 43 Stock In which an officer, director or trustee owns 10% or more of the outstanding shares? ......................... 43 If "yes" on any line from 35-43, attach a full explanation including original basis and current value. PAGE 3, Original - Mail to: Registry of Charitable Trusts No 4 }ai'aesoo 100 Internal Revenue Service Department of the Treasury District Director DESERT REHAB SERVICES INC 7885 ANNANDALE AVE. DESERT HOT SPRINGS, CA 92240 Dear Taxpayer: 300 N. Los Angeles Street, MS 7043 Los Angeles, CA 90012 Person to Contact: L . Barragan Telephone Number: ( 213 ) 8 94 - 2 3 3 6 Refer Reply to: EO (0 6 2 3) 98 Date: July 7, 1998 EIN: 23-7365064 This letter is in response to your request for a copy of the determination letter for the above named organization. Our records indicate that this organization was recognized to be exempt from Federal income tax in NOVEMBER 1972 as described in Internal Revenue Code Section 501(c)(3). It is further classified as an organization that is not a private foundation as defined in Section 509(a) of Code, because it is an organization described in Section 509(a)(2). The exempt status for the determination letter issued in NOVEMBER 1972 continues to be in effect. If you need further assistance, please contact our office at the above address or telephone number. Sincerely, J. bq Y--� L. Barra gan� Disclosure Assistant 1 0 1. >t ATTACHMENT 4 MCCALLum THEATRE theatre dance music 73-000 Fred Waring Drive Palm Desert, CA 92260 Phone:760.346.6505 Fax:760.341.9508 www.mccallum-th'eatre.org March 17, 2000 Ms. Dodie Horvitz Community Services Director City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Dear Ms. Horvitz: INSTITUTE v i s u a l a r t s Upon the request of Ms. Rosita Shamis, I'm sending you the cost of Truman Elementary School's participation in the 2000/2001 Aesthetic Education Program (AEP) at the McCallum Theatre Institute. The cost is based on a total of twelve (12) teachers participating in the AEP and conducting planning sessions in teams of four. Cost per teacher (2 units of study): $ 702.50 Total cost (twelve teachers, 2 units of study): $8,430.00 Please let me know if you have any questions regarding this. I can be reached at (760) 346-6505, ext. 109. Best regards, 4KaZurpelsson-Frary Education Director This letterhead is printed on recycled paper. APR-18-2000 10:01 DSUSD ED. SERVICES-"'J??18608 P.02 JN�f1Ep + ATTACHMENT 5 ZVI Desert Sands Unified School District RANCHO MIN OE INDIAN M US p 47-OW Ounc FWme FWad • La Quint.. Caldorrua 92253 • (760) 771-RM2 • FAX: (780) 771-8608 PALM DESERT W LA OtNNTA �o In Lo - Educational Services Division - April 14, 2000 Mr. Don Adolph Councilman City of La Quinta 78-495 Calle Tampico La Qainta, CA 92253 Re: McCallum Theatre Summer Training for Truman Elementary School Dear Mr. Adolph: Truman Elementary school would like to expand the team of teachers who will participate in the summer Performing Arts Program at the McCallum Theatre in Palm Desert. If twelve teachers attend this braining, the full cost is $8,430.00. The teachers receive a full week of training, an artist -in -residence who visits the school throughtout the following school year, and their classrooms will attend three customized performances that the students have been using as their fine arts curriculum. Desert Sands Unified School District must provide district -wide financial support for teachers to attend this training. However, the District is prepared to contribute $6,000.00 for a team of teachers from Truman Elementary School to attend the McCallum Summer Performing Arts Program. We support Truman Elementary school's request to the City Council for matching funds. Sincerely, &Wd&nt_ &&Iry Darlene Dolan, Assistant Superintendent Educational Services DD/esl cc. Carol Bishop, Principal, Truman Elementary School Rosita Shamus 46' TOTAL F.02 103 ATTACHMENT 6 City Counci tes 3 April 6, 1999 5. ADOPTIO RESOLUTION DIRECTING CITY ENGINEER TO PREPARE THE PRELI Y ENGINEER'S REP OR LANDSCAPE AND LIGHTING ASSESSMENT CT 89-1 FOR AL YEAR 1999/2000. (RESOLUTION NO. 99-48) 6. SEE BUSINESS SESSIO NO. 11. MOTION - It was ved by iI Members Sniff/Adolph to approve the Consent Calend s recommende amended with Item Nos. 4 and 5 being approved by OLUTION NOS. 99 d 99-48 respectively. Motion carried unanimous . MINUTE ORDER NO. 9 BUSINESS SESSION 1. CONSIDERATION OF REQUEST BY TRUMAN ELEMENTARY SCHOOL TO SPONSOR TEACHERS TO ATTEND THE MCCALLUM THEATRE INSTITUTE. Ms. Horvitz, Community Services Director, advised that the request for funding was brought to the Council's attention at the March 16 Council meeting. The McCallum Theatre has offered to designate Truman Elementary School as a focus school and give them a discount on the training program if more than two teachers from that school attend the institute. Rosita Shamis, 78-955 Del Monte Court, of the Cultural Arts Commission, advised that the commission has voted unanimously to support this program. She further advised that the School District, which has received $20,000 or $30,000 in grant funds toward the program, has designated $4,000 for teachers of Truman Elementary School to attend the program, and is asking the City to match that amount to send a total of eight teachers. She noted that this would be a , one-time request, and that the $1,000 the Council has already approved for the program can be applied to the $4,000 amount. In addition, the McCallum Theatre has discounted the cost for each teacher from $1,000 to approximately $800, which will further reduce the amount needed. A reception -wall be held at the McCallum Theatre on April 12 at 6:15 p.m. to present this program, and she invited the Council to attend. In response to Council Member Sniff, Ms. Horvitz advised that the previously - approved $1,000 grant has not been sent because the McCallum Theatre has not submitted their formal request for the funds, which was allocated for the institute, but not specifically designated for Truman Elementary School. City Council Minutes , 4 April 6, 1999 Council Member Henderson felt the Council has already addressed this issue by allocating $1,000 for the program last year during the budget hearings. Council Member Perkins felt it's an, interesting program, and didn't have a problem supporting it. He liked the fact that it comes back to the young people of the community, which he felt should be involved in the culture of the community. Being a focus school will give Truman Elementary School some prestige and perhaps set an example for the future. Council Member Adolph agreed, and felt it's a minimal fee to promote a major undertaking for the arts and culture in our schools. Mayor Pena noted that with the fee reduction and the amount that's already been allocated, an additional appropriation of approximately $1,000 would cover the costs. Kajsa Thurensen Frary, Director of Education for the McCallum Theatre, advised that they were only recently made aware of the $1,000 allocation, which she confirmed could be applied toward the eight spaces reserved for Truman Elementary School. There were nine teachers from Desert Sands Unified School District that attended the program last year, and this year the School District wants to send 18. The participation of eight teachers from Truman Elementary School will make it a focus school. In response to Mayor Pena, Ms. Frary advised that the teachers will receive continuing education credit for attending the institute. Council Member Sniff felt an additional $1,500 would cover the costs. MOTION - It was moved by Council Members Sniff/Henderson to provide $2,500 to the McCallum Theatre Institute, including the original allocation of $1,000, in matching funds and utilizing the Special Projects Contingency Fund and the school grant fund. Mayor Pena asked that the school report back on the success of the program within six months of it getting started. Motion carried unanimously. MINUTE ORDER NO. 99-34. 46 W � T 0 U 1 - - A 5: Titit 4 9 CFM OF ATTACHMENT T TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECTOR DATE: MAY 2, 2000 SUBJECT: SCHOOL GRANT UPDATE The following is an update on the School Grant Program. School Grant Requests 1999/00 (#101-251-663-535) La Quinta High School September 30, 1999 Boy's Varsity & JV Soccer October 26, 1999 October 26, 1999 December 8, 1999 La Quinta Middle School December 2, 1999 February 18, 2000 February 18, 2000 Supplies/Uniforms Interact Club Tee Shirts/Supplies Girls Swim Team Uniforms Track Team Uniforms/Warm Ups $2,000 Balance $500 $1,500 $500 $1,000 $500 $500 $500 ZERO $2,000 Bulldog Band Boosters $500 Uniforms Parent Teacher Organization $500 Student Recognition Standardized Test Committee $500 Nutritious Snacks for Testing Period Balance $1,500 $1,000 $500 464 1`1P February 18, 2000 Emergency Preparedness Committee $500 ZERO Earthquake Supplies Truman School $2,000 Balance Adams School $2,000 Balance December 7, 1999 Parent Teacher Organization $500 $1,500 Earthquake Kits 485 1 ()'7 Introduction To Aesthetic Education Ed X394.A '00 UR 32 M 9 3f EDP 991c38 CITY OF LA 0 ! , Patrice A. Healy CITY V,AitI, ,C1-:R'S QF F 113E I enter the restaurant hungry. The waiter presents me with the menu. As I consider each of the selections, I imagine smells or flavors that make up familiar dishes, yet nothing on the menu excites my tastebuds. What do I want? There are so many items to choose. After awhile, the waiter returns and recites the "Specials of the Day". As he describes the chef s recommendations, I hear it. "Stop! What was that again. Repeat that please? Yes! That's exactly what I want." Like this dining experience, I was hungry for an approach to teaching that would satisfy my style, my appetite. One evening in class, an Education Professor described the theory of Multiple Intelligences. Like the "Special of the Day," this approach to teaching and learning "hit the spot." For healthy growing bodies, children need to eat a balanced diet. This means that children must eat from each of the Basic Food Groups such as grains, fruits and vegetables, dairy, and meat/legumes. Desserts and junk food are considered to be "extras", and one should limit intake of these tasty, high caloric foods. Upon examining education budgets around the country you'd discover that The Arts are considered "extras," desserts. Aesthetic Education is not dessert. It should be considered one of the main food groups, such as the Fruit and Veggie group. For a balanced diet you need to eat fruits and vegetables. For a balanced education, you must include the Arts. 460 The cool thing about fruits and vegetables is that they blend nicely into any meal. Imagine a diet without the variety of colors, shapes and flavors offered to us by fruits and vegetables. An existence on grains, meat and dairy make for a rather bland offering to the eye and taste palettes. A great example is in the movie "City Slickers" as the cook refers to the meal: "It's hot, it's brown, and there's plenty of it". We need more than just "hot and brown;" we need more than language and mathematics. Aesthetic education also solves the problem of discrepancy. I have three children. None of them like all the same foods. Each child has his or her favorites and dislikes. So why would I expect 20 students to like, or be able, to eat the same food? It's simple, I can't. Some kids don't like vegetables, but then they say they enjoy salads. I think that maybe they prefer raw vegetables rather than cooked. What if they don't like overcooked vegetables? Are they too soggy or mushy? What if the same vegetables are prepared differently? What if they were to eat it unknowingly and not notice? Might they like it then? Students needs to try Smorgasbord! It's an opportunity to sample many foods that may never have been tasted. It's another way to get a balance of food groups with a blending of food flavors and textures. Even students who are finicky "eaters," find a vast variety of food choices to select. Tell students that the rules are simple: they must select something from each food group, and should take small servings to begin with. Samples may turn into great favorites. The Theory of Multiple Intelligences is a Smorgasbord! It's another way of learning, just like the Smorgasbord is another way of eating. Multiple Intelligences like the Smorgasbord offers students variety. If Johnny hates chicken, but he is served chicken in a lemon sauce he may change his mind. If Johnny hates math but he likes music and he learns the song "Inch Worm". 467 He's now singing about algorithms. He's learning math in a new way. How would he like the cartoon video "Multiplication Rock"? Besides my analogy of fruits and vegetables, Aesthetic Education is defined many ways. At the McCallum Institute we were able to fill up two large poster size sheets of definitions, each definition unique and personal to its author. The McCallum Institute believes Aesthetic Education is developing "a receptivity to experiencing any given work of art, and the ability to reflect on that experience". In the State Visual and Performing Arts Frameworks it is presented as a curriculum divided into 4 sections: The Visual Arts, Dance, Music, and Drama. Each of these is separated into four components: Perception and Multisensory Integration, Creative Expression, Heritage - Historical and Cultural, and Aesthetic Valuing. Aesthetic Education connects beautifully to the theory of Multiple Intelligences. They blend nicely just like an array of fruits and vegetables do on a banquet table. The Theory of Multiple Intelligences evolved out of research conducted by Howard Gardner. Gardner CO -directed a group at Harvard in 1972 called Project Zero that was founded in 1967 by a Harvard philosopher Nelson Goodman to study and improve education in the Arts. Gardner's wife Ellen Winner is also a contributing member to Project Zero. She's written and published a number of books and articles connecting the Arts to learning. An example of these publishing's are the Propel Handbooks listed in the McCallum Institutes' suggested reading list. Along with his involvement with Project Zero and all of his professional publishing's, Gardner himself plays the piano. He adds credibility to his vision in his book The Disciplined Mind, where the knowledgeable author includes aesthetic qualities such as beauty, truth and goodness as essential lessons to learn, and teach, in life. Aesthetic Education blends into all academic areas. Examples of this include students' use of their bodies as instruments to tap out syllables or rhythms in a Poem. � � i This is a form of music used in Language Arts. Students position themselves into geometric shapes in groups or singularly using their bodies to create form, here is modern dance with a Geometry lesson. Gesturing or voice inflections are used in read alouds incorporating drama at its best. Stories are told with stick figure drawings, blending present day visual arts to ancient civilizations. Feelings are shared by simple facial expressions and shared with or without the spoken word. We just used the Kinetic, Musical, Linguistic, Mathematical, Spacial, Inter and Intrapersonal intelligences as we learned Poetry, Math, History and Reading. Aesthetic education and the Multiple Intelligences are a "flavorful" way to reach learners. Feed their stomachs, feed their minds, feed all their senses. I'll be your waiter, may I suggest the "Special" today...... 463 Works cited Dann, Kevin T. Bright Colors Falsely Seen: Synaesthesssia and the Search for Transcendental Knowledge. Yale Umv. Press, October 1998. Isaac Newton in 1718, "...thought that the spaces occupied by the seven colors of the spectrum were analogous to the relative intervals between notes in the octave." (DANN 1998) Gardner, Howard. The Disiplined Mind: What all Students Should Understand. New York. Simon & Schuster. 1999 Visual and Performing Arts Framework. California State Department of Education. 1989. http://pzweb.harvard.edu/ http://pzweb.harvard.edu/History/History.htm 47 0 Intro to Aesthetic Education Part I Ed X394.A EDP 99168 Patrice A. Healy Multiple Intelligences Planning Sheet For Reading Objective: The students will read the story Max Found Two Sticks by Brian Pinkney (the third story in the District's adopted Language Arts program "Signatures" series by Harcourt Brace for second grade), once each day, for a period of a week. Students will be able to comprehend the story as evidenced by a minimum score of 70% . Assessment: The students will be able to answer a minimum of 7 out of 10 questions correctly on a District pre printed multiple choice type of comprehension test. Students who are able to read independently will do their test independently. Students that aren't capable of reading at the Publisher's second grade level will have the test read aloud to them by the teacher and respond by darkening one of four "bubble" choices for each of the first seven questions and by writing or drawing pictures to answer the last three questions. Linguistic Activities: 1. On the first day, students will listen to the teacher read the story Max Found Two Sticks as they each follow along visually in their own text books while seated at the carpet in a whole class setting. Students may join in and read aloud at any time on the second and third day the story is read. On day 4 and 5, students who wish to read aloud individually may do so by raising the index finger showing interest. 2. There is a list of vocabulary words relative to the story (dictated by the publisher) that the teacher will write on the front board in the classroom. The teacher draws small pictures to accompany each of these words, (Spatial too). Sentences are constructed with ideas solicited from individual volunteers. 3. Phonics worksheets reinforcing the curriculum phonics focus for this story are used for individual seatwork or homework. 4. Guided Reading groups utilizing Lit 2000 stories with the Music and Rhythm theme at various Stages in Reading Recovery levels are useful. 5. Students listen to the stories Berlioz the Bear and The Musicians From Bremen, either read by the teacher or a parent volunteer. Bodily -Kinesthetic Activities: 1. Students use their bodies as instruments to make different sounds such as clapping, tapping, clicking, slapping, stomping, whistling, in a mimic repetition. 2. Students clap the syllables out to each name of every individual. 3. Students will use Rhythm Sticks to count 4/4 time, 3/4 time and 2/4 time. 4. Students will use Rhythm Sticks while walking or marching around the classroom, to a musical background. 5. Students will beat their own drums (self made) and march in a parade. 4 7 Logical -Mathematical Activities: 1. Students make and receive word problems using the sums of different instruments in a band. An example: Two drummers arrive along with three trumpet players, then four woodwinds come ... how many band members are there in all? 20 students in our class and each has two Rhythm sticks. How many sticks are there? 2. Measurement, measure the length of the Rhythm stick. Measure the diameter of the drum. (Each may be different since a variety of containers will be used). This may be done in inches and metric. Intrapersonal Activities: 1. Journal Response to the question: How do you think Max felt when the drummer in the marching band threw the two sticks to Max? How would you feel? Why? 2. Journal Response - Write about a time someone gave you something special. 3. Verbal responses to: Why does Max like to tap on stuff? Spatial Activities: 1. Select one of the different props (coffee cans, oatmeal containers, Pringles cylinders etc..) to transform into your own percussive instrument. Decorate the sides using pattern. 2.Watch the Magic School Bus Video on Music (Sound Vibrations). 3. Illustrate the story Max Found Two Sticks. Fold the 18x24 paper into three sections (modeled). The first section represents the beginning of the story, the second represents the middle and the third represents the end of the story. You may write a sentence to go with each picture. 4. Design a Band Uniform if you were going to be a drummer in the marching band. Interpersonal Activities: 1. Work in a group of 4 to create a short rhythm piece using your Rhythm Sticks. The piece must repeat at least twice so we can hear its pattern. 2. Students are divided in half or two groups of approximately 10 in each. Each group will act out the story Max Found Two Sticks. Students may use a Narrator or not. There will be 15 minutes to practice/ perfect and then each group will perform. Students not acting will be a model audience. 3. Students write Thank you notes to the Middle School Band mentioning highlights of their visit. Musical Activities: 1. Students will play a variety of instruments to a variety of different music and rhythms. 2. Students will get to visit the Middle School Band across the street to see and hear them perform in a marching and playing setting. 3. Students will see a video excerpt from the musical "The Music Man". 4. Students may see the familiar story "The Three Little Pigs" done by L.L. Cool J in Disney's video "Mad About the Mouse". It's a story put to music with a rap tone and great rhythm. 4 �^ Intro to Aesthetic Ed Ed X394.A EDP 99168 Patrice A. Healy Multiple Intelligences Planning Sheet For Geometry Unit Objective: The second grade students will, in a period of 3 - 4 weeks be able to identify 7 shapes, the triangle, square, rectangle, circle, diamond, trapezoid and hexagon with 70% accuracy. (70% is the minimum passing score used by our district). Students will achieve this objective through a variety of explorations, experiments and activities including drawing, building, visualizing, listening and connecting with everyday objects in their physical world. Assessments: Students will be assessed in 3 ways. The first will be interviewing students, the second will be examining their math journals, and the third will be using a worksheet with pictures of the geometric shapes with a multiple choice and bubbling format of answer selection. The interview and math journals will be assessed using a 3-2-1 rubric. The third type will be done using a percentage score. Linguistic Activities: 1. Students make a Crossword Puzzle using Geometric Vocabulary words. 2. Students will listen to stories related to Geometry like: A Cloak for the Dreamer by Aileen Friedman, The MissingPiece iece by Shel Sylverstein, Color Zoo and Color Farm by Lois Ehlert, The Keeping Quilt by Patricia Polacco, The Patchwork Quilt by Valerie Floumey, The Shames Game by Paul Rogers, The Tangram Magician by Lisa Campbell Ernst and Lee Ernst. 3. Students brainstorm ideas in their Journal Writing. 4. Students create Big Books on What Is A Triangle? What Is a Square? 5. We, the whole class, play the game of "Hangman" on the board using Geometry words. 6. An Independent Center called "Language Blocks" may be played with two people at a time. With instructions that call for a barrier between, one student uses his shapes and makes a design. Both students have the same geometric shapes. He or She must instruct the other student to make the exact same design, but only words may be used. Neither student can see the other's work. When all 10 pieces have been used then the students compare their designs. Bodily -Kinesthetic Activities: Some of the Kinesthetic activities may overlap into the Musical and Spacial Intelligences as well. 1. Create geometric shapes with cookie cutters into different colored Finger Jello. 2. Students create a triangle, (a circle, a square,) using their bodies. Now this is done in groups, different shape outlines are taped onto the floor. Directions are to "fill this space with your bodies." And afterwards: " Now create this same shape 3 dimensionally using all members of your group." 3. In groups of 4 or 5, students clump together in a group, closing their eyes and are asked to 3 grab two different hands. Then they open their eyes and make a circle without letting go of the two hands. Background music is great during this'activity. 4. Students use hand gestures to the songs: My Hat It Has Three Corners and The Wheels On The Bus Go Round and Round. 5. The Tactile Box has objects inside it, challenging students to figure out the geometric shape of the object, simply by touch. Students are unable to see the object, the only stimulus is touch. This modeled, but then left as an Independent Center.(Intrapersonal) Logical -Mathematical Activities: 1. Students use Mathland Arithmetwist Exercises where each geometric shape has a value i.e.: the triangle equals one, the diamond equals two, and the trapezoid equals three. Equations are made using the Pattern Blocks. 2. Students will explore with Tangrams. 3. Students will explore with Pattern Blocks. 4. Students play the computer puzzle game Tetris. 4. Students learn the concept of 90 degrees, by using Right Triangles, Squares and Rectangles as examples, and 360 degrees, by using the circle as an example. All this ties in with the clock by showing the quarter hour increments as 90 degrees, and, all four added together, equaling 360 degrees. 5. For homework, students will tally up all the rectangles that they can find in their homes, and draw 4 examples. This can be done with different shapes. 6. Students will cut out a strip of paper and twist it once and glue the ends together to make a Mobius Strip. Students then cut the strip in half to discover it's a larger Mobius Strip. This is done again and as many times as the width of the paper allows. Compare this to the Estcher print of the unending staircase. Intrapersonal Activities: 1. Students write a Journal response in answer to the question: What shape would you be (a circle, square, triangle, rectangle, diamond....) and Why that shape? 2. Using the pattern block stickers, students create a design or a picture conveying a feeling, and then write that feeling on the back of the picture. 3. A Writing Center offers different geometric shapes and colors of stationery for individual letter or poetry writing. 4. A wrapped, square box will be given to each student along with the question What is inside this package? The object can be anything the student wants it to be, regardless of the size of the box. A written journal response is required. Spatial Activities: (Again you'll see some activities that blend with other Intelligences.) 1. Using rubberbands, students create shapes on a Geoboard and then copy the shapes onto the dot paper. 2. Students make patterns and designs using the Pattern Blocks. 3. Students design a patterned quilt square using pattern block paper shapes, and put together block pieces to make a class quilt. 4. Students make a Polyhedron Ball, using twenty circles that are folded into equilateral triangles, and are glued together. 5. Students draw illustrations to correlate to the classroom's Big Book of Geometric Shapes. 6. At a Tangram Center, students make Tangram Pictures using die -cut colored pieces of paper. 7. Students have use of stencils at an Independent Center to create design/patterns on paper. 8. Students make tessellating shapes, like in soccer ball also drawing examples from the works of the artist Escher. 9. Students create a mobile with 4711 geometric shapes and are shown the works of Calder. 10. Students may visit the Mondrian Center. This Center include works of the artist Piet Mondrian, and paper, rulers and markers, available for students to imitate and explore his use of space, color and form. Musical Activities: 1. Students sing My Hat It Has Three Corners, and then change the words of the song to fit other shapes like: My Table Has Four Corners, My Ring it is a Circle, My Hexagon Has Two Trapezoids or My Hexagon Has Six Triangles. Students also sing circular songs such as Make New Friends, but instead sing "A Circle is Round, it has no end, that's how long I want to be your friend," or the very familiar tune for young children, The Wheels On The Bus. Students are asked if they know other songs about shapes. 2. Students are then asked to make up a song about shapes using a tune from another known song.of their own choice. 3. Students listen to a waltz, then are shown how to make a triangle with a motion of the hand counting the 1 - 2 - 3, 1 - 2 - 3, beat. 4. After listening to selected classical, jazz, techno, and Latin salsa flavor songs, students draw a geometric shape to represent each song. Students can share and compare their shapes, then see if there were similar groupings. Interpersonal Activities: This should be the easiest area since many of the activities noted previously, except for the Intrapersonal Area, may be done in small cooperative groups. 1. In small groups, students will construct three dimensional geometric shapes using a collection of PVC pipes and elbows (joints). 2. In cooperative groups, students will play the game "Concentration," where two cards with the same geometric design must be matched. The winner has the most collections of sets of cards. 3. The students play a card game similar to "Go Fish" using geometric shapes. References: Confer, Chris: Math By All Means, Geometry Grade 2. Math Solutions Publications. 1994 Language Blocks Activity seen in the Exploratorium in San Francisco. Tactile Dome felt in the Exploratorium in San Francisco. T4ht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 2, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Appointment of a Citizen PUBLIC HEARING: Member to the Historic Preservation Commission RECOMMENDATION: Approve the selection of a citizen member to serve a three year term of office, ending June 30, 2003, on the Historic Preservation Commission. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: A vacancy currently exists on the Histori Preservation Commission for a citizen member. This opening is a result of the resignation of Commissioner Judy Vossler, who was appointed to a term of office which expires on June 30, 2000. Two residents of La Quinta have submitted applications to fill the commission vacancy. Copies of their applications are attache (Attachments 1 and 2) for Council's consideration. Each candidate has been invited to speak briefly on the subject of their qualifications and reasons for wanting to be appointed to this position. If it is the City Council's pleasure they are also prepared o answer any questions the Council may have. FINDINGS AND ALTERNATIVES The alternatives available to the City Council include: 1. Approve the selection of a citizen ending June 30, 2003, on the Hi -nber to serve a three year term of office, is Preservation Commission; or 2. Approve the selection of a citizen member to serve the unexpired term of office, ending June 30, 2000, on the Historic Preservation Commission; or 3. Provide staff with alternative direction. Respectfully submitted, . Greek, CMC/ City Clerk Approved for submission by: % Thomas P. Genovese, City Manager Attachments: Applications submitted by: 1. Archie Sharp 2. Jean Lahey 477 009 ATTACHMENT 11 k Date 040 REC IVED CITY OF LA QUINTA 2000 MAR 28 AEl 9: 21 APPLICATION TO SERVE CITY OF LA o U I N T A ON CITY CLERK'S OFFICE HISTORIC PRESERVATION COI ANHSSION NAME. !.?k �zv--� HOMF ADDRESS: BUSINESS ADDRESS: TELEPHONE: (HOME) ."n�.• OD��j (BUSINESS) IF EMPLOYED, WHERE YOU WORK AND POSITION YOU HOLD:,%4'C 14� LENGTH OF RESIDENCE IN LA QUINTA: I "k. �s -., erc�4S HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION?: \ip Biographical sketch, background. education, work experience, civic involvement and other p � u� � � �tiyc.� C�Cc�.ba S,ty c•4� .� u ii..v�. 4 v�� 'C �<s 1 _. _ • • 7 �ct11 75 00 4 ` APPLICATION, HISTORIC PRESERVATION COUNUSSION PAGE 2 Describe your knowledge of the functions, regulations, duties and procedures of the La Quinta Historic Commission. C` Three members of the Commission shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, or other historic preservation -related disciplines, such as urban planning, American studies, American civilization, cultural geogaphy, or cultural anthropology. Please explain which specific discipline qualifies you for appointment. Two members of the Commission shall be lay members who have demonstrated special interest, competence, experience or knowledge in historic preservation, American studies, cultural anthropology, cultural geography, or other historic preservation -related disciplines. Please explain your special interest/experience/knowledge as a lay member. W4 C 'S ���,�@ t11 � <i`1J V,.l:� • �v�il�..�.c.�+�. `� 1��-.�.�' 1A OIL 00 APPLICATION, HISTORICAL PRESERVATION COMMISSION PAGE 3 What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the Historic Preservation Commission? ��t�-ct \� � ��. - 5,��► �,�Z . � wt�CiZ. � %<.`t Wad PLEASE RETURN THIS APPLICATION NO LATER THAN JUNE 15, 1998 TO: CITY CLERK CITY OF LA QUINTA P. O. BOX 1504 LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT. 480 .. 006 ARCHIE SHARP Motion Pictures Art Directors Guild - Local 876 - Group 1 Scenic Designers - Theatre - New York - 829 44030 Camino Azui - La Quinta, CA 92253 Phone (619) 773-0053 : -"; STAFF ART DIRECTOR TV CBS, NBC, ABC FRBf.-LANCE ART DIRECTOR - "TV SERIES AME�ICAN GLADIATORS Sam Goldwyn, Jr. BOl' VILL'BE BOYS Fox TV Network GEORGE BURNS COMEDY WEEK Universal Studios FAST TIMES AT RIDGEMONT HIGH - Universal Studios HARDCASTLE & MCCORMICK Stephen J. Canneli HOT L BALTIMORE Norman Lear, ABC ALMOST_ANYTHING GOES ABC CELEBRITY. CHALLENGE OF THE SEXES ABC WENT CAME Chuck Barris, ABC GAME -,GAME SHOWChuck Barris, CBS THE MICKIE.FINN SHOW NBC BEAUTIFUL PHYLLIS DILLER SHOW NBC NEWLYWED GAME ABC FREE-LANCE ART DIRECTOR - TV SPECIALS BOB HOPE Air Force Academy, Colorado NBC MISSILES IN OCTOBER ABC PERRY COMO, In the Bahamas, New Mexico, Hollywood, Austria, New Orleans Mardi Gras, Christmas in Mexico, and Lake Tahoe - (7 editions) NBC PEGGY FLEMING, In Europe, and at Sun Valley - (2 editions) NBC LINDSAY WAGNER Dick Foster Prod. CELEBRITY CHALLENGE OF THE SEXES (18 editions) CBS Trans WorkHntemationai, Producer BATTLE OF NETWORK START - (15 editions) ABC LOVE, LOVE, LOVt, Hallmark Special NBC SOUND OF CHILDREN, Debbie Reynolds NBC FREE-LANCE ART DIRECTOR_ COMMERCIALS & SALES FILMS CLIENTS INCLUDE: Lofara & Assoc., Coast Productlons, Petersen Communications, Eggers Films, Johnston Films, Ray Corwin. Productions, Film Fair, Mort Uboff Productions, The Burbank Studios, Young &'Rubicam, Petersen Company, Mid -Ocean Productions. FEATURE FILM DREAMER 20th Century Fox SET DESIGNER - THEATRE VARIOUS COL. HOWES CIRCUS Knotrs Berry Farts SYMPHONY SHELL J. Paul Getty Museum NBC AFFILIATES PARTY NBC Studios 00 FALL PRESENTATION PARTY NdC Studios HISTORY OF NBC - Exhibition Burbank Museum SET DESIGNER 5 OPERA PROD. THE SEAGULL THEATRICAL.' Uni. Texas-Austin,1986-88 Theatre Gawp, UCLA,. Director: John Housemann 7,. 5 PRODUCTIONS Mark Taper Forum `; PRODUCTIONS AT The Westwood Playhouse`;' ALMOST ANYTHING GOES (2 editions) U.S. Tours BOOB TUBE REVIEW Harrah's Reno'�� PEGGY FLEMING (3 editions) Harrah's Tahoe & Reno & LAS VEGAS PEGGY FLEMING U.S. Tour CLASSICAL DRAMA UCLA & USC Drama Dept :. ICE REVIEW Golden Nugget, Adanlc CI OVER 60 OPERAS UCLA Opera Theatre' & USC Opera Theatre 16 PRODUCTIONS City of Angeles Opera Company TIJUANA BRASS Greek Theatre LOS ANGELES OPERA -(12 productions) VARIOUS - THEATRICAL Seattle Opera Huntington Hartford San Francisco Opera Co. EDUCATIONAL FACULTY APPOINTMENTS - Instructor for tv, Film & Theatre Depts. CALIFORNIA INSTITUTE OF ARTS, Valencia Head of set design 1986-93 High School of Performing Arts . 1988 UCLA Extension 1987 ASSISTANT PROFESSOR OF THEATRE ARTS U.C.L.A.1965-83 ASSISTANT PROFESSOR OF THEATRE ARTS U.S.C.1979-82 University of California, Irvine Campus - 1985 Instructor for TV -Film & Theatre Depts. EDUCATION CHOUNARD ART INSTITUTE 1951 U.C.L.A. - MOTION PICTURE B.A. DEGREE (graduate work Ind.) AVALON FOUNDATION GRANT - 19W BAYREUTH MEISTERKLASSEN- Germany KOMISHI OPER, EAST BERLIN - - East Germany EXTENSIVE TRAVEL Throughout Europe (12 trips), Mexico, Central America, South Seas, North Africa, Russia, Mongolia, India, Turkey, Australia, U.S.A. including Alaska, China, Nepal, Tibet, India, Thailand - 1989 48 \ `mac• if i 007 Archie Sharp - Biography Graduated from UCLA Theatre Department, Archie received;an Avalon Foundation Grant to observe and study in Germany at the_'Egayreuth Music Festival. and the Komische Opera, East Berlin. TV .Credits. include major specials and series at NBC, CBS, ABC, Fox- Network, Universal Studios, Warner Brothers and PBS. Archie has filmed two TV specials in Europe, one in Mexico, and one in the Bahamas and Jamaica. For the theatre he has designed for the Mark Taper Forum, James A. Doolittle Theatre, as well as various other local theatre. For opera he has designed productions at San Francisco Opera, Seattle Opera, and L.A. Opera at Dorothy Chandler Pavillion. At a more popular level lie as worked on Las Vegas, Reno, lake Tahoe, and Atlantic City productions. Locally tie designed for the Greek Theatre and J. Paul Getty Museum. As an c:.iucator he has taught theatre at UCLA, USC, Irvine, and the High School for the Performing Arts. lie is pleased to be associated with California Institute of the Arts. Vh(fs%o in Entertainment A coutpanwu volume a, WHO's WHO IN AMERICA, pubinshcJ utc. 1999 b1 Antenna'., leading biographlul rcicroncu publiAtcr MARQUIS WHO'S WHOo3002 Glenview RoadoWilmettet IL 60091 1-800-621-9ab9 llu Hlua•n: I-?OS�JI-_3871 For ,,it, rnc.•tJ•. w. ita.c reproducgJ your b,tnraplucal >L:tcls as it will app ar In the :!Aid cJntr.,u ,.l N'l10'S WIIU I` ENTERTAINMENT. Our lilcs for the 2oJ cJtltuu arc now cltncJ. PLLASE. —11OLD ALL LIPUaTES to your slctch until you rcccivc our ul+Jata rcyutst lot dw 3rJ cJntou. tL•p.lalc> subnuucd at this unit: cannot Its ntwrlwtntcJ.l —DU CHECK CAREFULLN THE MAILING .ADDRESS SH0%VN BEL0%V. II au? cltangus arc appropriate, pl.a>. note them Alit this lorm auJ return the entire lornt lit it, Alt :h: ensa.•pe pr"A,IjQ:. Tuanl Aou for your untc anJ coopurauon durulE the compllautill All the 211d uditiou. Archie Bern;:rd Sharp 950 N Kings Rd Apt 147 LOS Angeles, CA 90069 2nd Edition POST PUB UPDATE BC 14 ENTERTAIN-02 19442524 Submission ul this lolm by the somiave coasiilanes petnatss,un to Marquis Who's Who to publish the islotmation to punt eteunonic database. or slow torn. The oditors iaselye toe fight to select ap- plopriale malerial coosrslent with Marquis Who s Who s1v1, 61.4 staadaids and limilaltoss of space. In thr eyes: of enots is publi- Calion the sole resposslbility of Marquis Wse s Who will at to Collect such errors is a succeeding edition of the pubin•anon Such Collection is it lieu of aav other remedy. Marquis yYha s Whe a■- pressly disclaims all sisal liability lot loss or tsciacatal or coase- queslial damage whelaei wising tears negligence. comract. or other Cause to say party lot errors in publishing. signature Datc B OFFICE 19442524 i512i203i 1771J1931Jf!/i E ONLY O copyright 1999. MARQUIS Who's Whu. All right.. ruscrvc, H IK 010 Cal FOR YOUR RECORDS Underlined information will not appear in the published biography. SHARP, ARCHIE BERNARD. artistic director; U. Honolulu. July 29, 1931; s- Archie and Hazel (Cooper) S. BA, UCLA, 1956. Asst. prof. theatre arts UCLA. 1965783. U. So. Calif., 1979-82; tCnr. theatre design and fine arts direction Calif. Inst. Arts, L.A., 1983—; head of design program Calif. Inst. Arts, 1989-91; staff art dir. CBS, NBC, ABC. Freelance art dir. Boys Will Be Boys, George Burns Comedy Week, Hardcastle 8 McCormick, Newlywed Game, American Gladiator, Star Shoot, Parent Game, Tne Mickie Finn Show, Hot L Baltimore, Celebrity Challenge of the Sexes, Game Game Snow, Beautiful Phyllis Diller Show, various specials; dir. feature film Dreamer; free-lance art dir. commercials and sale5 films; set designer City of Angeles Opera Co., UCLA Opera Theatre, Westwood Playhouse, Mark Taper Forum, NBC Studios, U. Tex. -Austin, others. Avocations: travel, swimming. Home: 950 N Kings Rd Apt 147 Los Angeles CA 90069 (213) 848-9545 Office: Calif Inst Arts 24700 W McBean Pkwv Valencia CA 91355 DO NOT RETURN SKETCH Unless updates to your address are needed. ---------------------------------- I------=--------_--------48 ---- CHANGE See enclosed reservation form offering biographee discounts. NO -CHANGE *ET02BC-N--1944252411 q u u n r it n 0 0 N-O N-0 *ET02BC-N 00 *ET02BC-N' ATTACHMM 12 CITY OF LA QUINTA Date 2 RECEIVED 2000.APR - 6 Ply 1: 15 APPLICATION TO SERVE CITY OF LA. o U i N T A ON CITY CLERKS OFFICE HISTORIC PRESERVATION COMMISSION NAME: je,Cc n cz- 1i HOME ADDRESS: 7 9"�- 3 0 BUSINESS ADDRESS: a- clo ' 9,2a s 3' . TELEPHONE: (HOME) 76 p - 7 7/ -zle /F S (BUSINESS) IF EMPLOYED, WHERE YOU WORK AND POSITION YOU HOLD: LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? : al4enell n y 1AkL1 Biographical sketch, including education, work experience, civic involvement and other��'��% background. ,r- til�•.S / n Orn rrict n i r,a- 4r C/7sU /' - /-lZ/ll6rll <��- 141-Is `h'y / / /STd/z �Q.fien f�rob/err�5 el�/e -Zpeebemea-f- 0. _z 4mefl'CLn 44s ell-y A h,2( � �Jlc gWer)�-,'s;'r7c, K%/tt l7i e— t,l��d/ �S C� eal- MA -7`�'r - �/ ,6`E�s�o dfe r 7" '0 -7 .STGf '-/ h fS me 6Y / - s an I-rz tulle �S'O -f`Q- Wd ! ki i►c� Cvo rr, e n �ot�/w ill r�iCi�Q ��ihv� �o%1;�7i-C �; 74 y /V rUe'e e- /, '�t e -del orri i. �c / / Ptf Chi r et /) eW �2 rP n 74 Cp,? • AS 0- P'4"Clen Z 4n-,A 4 ;' ,-A,. nl:. L;X.,•�� APPLICATION, HISTORIC PRESERVATION COhSMSION PAGE 2 Describe your knowledge of the functions, regulations, duties and procedures of the La Quinta Historic Commission. J he, &mm;s5;'a n s /s cllemakze Qnnl 64;Ar^ 7y an %ten %,, (-, f" . _. -4 Aa.s 7%,P a d - / den / -ri'pz--/-/d, n _-Df'0 er-7f O0 Three members of the Commission shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, or other historic preservation -related disciplines, such as urban planning, American studies, American civilization, cultural geogaphy, or cultural anthropology. Please explain which specific discipline qualifies you for appointment. Two members of the Commission shall be lay members who have demonstrated special interest, competence, experience or knowledge in historic preservation, American studies, cultural anthropology, cultural geography, or other historic preservation -related disciplines. Please explain your special interest/experience/knowledge as a lay member. hu nL,—r��.�,cls �, T�i� Tu r /�a uN W,0,90 leylr 1?,7►,/( r , , 9/"S ))ll r7 Ia 7L�ir� (OQCAP11,t- /01 PLI l`S s� �A_574/7'6 , -7-� beeJS 4 /k itpd and ajwrPpia DPW Au &vk Ix ire, //�, �;.)er.9- -1W OPlnPrrPd 'de sP I&A4 arm /7P!/J . y, r. Oil Gc}f�cl �o u —A r 1�1h5*' , L - iXe r� � A841- --rr -7LX e y ha fop e d N6;?Z7` 4 8 U 012 APPLICATION, HISTORICAL PRESERVATION COMMISSION PAGE 3 What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the Historic Preservation Commission? J- — /Ae ���YI►,vyi7L `fh� rit Ire 5 I'I6-e Oicr 4X bP/',(i�i'{�� PLEASE RETURN THIS APPLICATION TO: CITY CLERK CITY OF LA QUINTA P. 0. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 48-7 oil BUSINESS SESSION ITEM: ORDINANCE NO. 342 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING TITLE 2, CHAPTER 2.29.040 (ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE TO MODIFY DUTIES OF THE ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE. WHEREAS, Chapter 2.29.040 of the La Quinta Municipal Code (the "Code") concerns the City of La Quinta's (the "City") Architectural and Landscaping Review Committee (ALRC); and WHEREAS, the City is implementing a Commercial Property Improvement Program targeted at The Village area; and WHEREAS, the City has determined that the ALRC shall consider the Commercial Property Improvement Program applications; and WHEREAS, the City believes that these changes are in the best interest of the citizens of the City of La Quinta. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Amend Chapter 2.29.040 only as follows: "2.29.040 Architectural and landscaping review committee. The City Council shall appoint a three -member Architectural and Landscaping Review Committee ("ALRC"). It is preferred, although not required, that members of the ALRC have expertise in the areas of architecture or landscape architecture. La Quinta residency is preferred, but not required. Recruitment for members may be advertised outside the city limits. The ALRC shall meet, when in the determination of the community development director, a structure or landscape design will be considered by the planning commission, to make recommendations as to design issues to be included in the staff report to the planning commission. The ALRC shall meet only one time on a given project. The recommendations of the ALRC shall be advisory only and not binding on the planning commission. The ALRC shall also meet, upon the determination of the community development director, to consider Commercial Property Improvement Program applications. The terms of the members of the ALRC shall be for two years, with the initial appointments to be two members having two-year terms and one member having a one-year term." U1 Ordinance No. 342 ALRC/Chapter 2.29.040 Adopted: May 2, 2000 Page 2 SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect on July 1, 2000. SECTION 3. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED this 2nd day of May, 2000 by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California APPROVED AS TO FORM: JUNE S. GREEK, City Clerk City of La Quinta, California (City Sea[) Ordinance No. 342 ALRC/Chapter 2.29.040 Adopted: May 2, 2000 Page 3 APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 490 Tiht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 2, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Discussion of City Marketing Plan for PUBLIC HEARING: Fiscal Year 2000-2001 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None for this action. The City Marketing Plan, as proposed by Kiner/Goodsell Advertising, calls for a Fiscal Year 2000-2001 budget of $250,267.97. Following input from the City Council, staff will develop a budget commensurate with desired level of marketing services for consideration as part of the City's Fiscal Year 2000- 2001 budget. CHARTER CITY IMPLICATIONS: None for this action. BACKGROUND AND OVERVIEW: Staff has met with Kiner/Goodsell Advertising to discuss the proposal for marketing services for Fiscal Year 2000-2001. The attached Marketing Plan (Attachment 1) has been prepared by Kiner/Goodsell Advertising for the City Council's review. Staff and Kiner/Goodsell are seeking Council input on the Marketing Plan. Suggested revisions will be incorporated into the Plan and be agendized for future Council consideration. The Plan envisions three major objectives: business retention, business attraction, and resident attraction. The primary marketing programs included in the Marketing Plan to achieve those objectives include the following: 4 9L ADVERTISING Shop/dine Program Update City's infomercial Promote movie theater grand opening and on -screen advertising Market La Quinta to film community Explore advertising opportunities to promote business expansion Attract new residents through Live La Quinta Direct marketing (e.g.in-terminal advertising) EVENTS International Council of Shopping Centers conference Commercial realtor event Breakfast of Champions Community events (e.g. Parades, Civic Center grand opening, etc.) QUALITY OF LIFE/CIVIC PRIDE Keep La Quinta Clean program Civic Center park and expansion grand opening Street banner program New programs proposed in the Plan for this upcoming year include theater advertising, retail trade publication advertising, travel/tourist advertising racks, Civic Center grand opening, site location marketing to film industry, and the Breakfast of Champions. The proposed Plan does not propose participation in the Palm Springs Festival of Lights parade this year. This is in part due to logistical considerations in that the Festival of Lights parade is scheduled to be held on the same day as the Tamale Festival parade. Additionally, the Festival of Lights parade requires special design considerations not required for the other parades. The Marketing Plan for Fiscal Year 2000-2001, as submitted, calls for a budget allocation of $250,267.97, an increase of $32,798.97 over fiscal year 1999-2000's budget allocation of $217,469. Staff is prepared to revise the Plan, and its associated budget, pursuant to Council direction. 49 0ut The Plan is before the City Council for review and consideration. Respectfully submitted, i!�-k k Britt W. Wilson, Management Analyst City Manager's Office Approved for submission by: br7Thomas�,o'L ,-� a, - P. Genovese, City Manager Attachment: 1. Marketing Plan prepared by Kiner/Goodsell Advertising C\MyDataMPDocs\CITY COUNCIL\CCSTFFMARKETMGPLANKINERGOOOSE,L 06-02-00-pd 49) V 3 ATTACHMENT 1 Proposed Advertising/PR/Economic Development Marketing for the City of La Quinta Fiscal Year July 1, 2000 - June 30, 2001 While looking ahead to the 2000-2001 fiscal year, the City of La Quinta is charged with building on the existing success of programs like Shop/Dine La Quinta and Live La Quinta, as well as implementing new activities to further the goal of attracting new businesses, consumers and residents to the City of La Quinta. Objectives for the coming year include: • Business retention • Business attraction • Resident attraction As your marketing partner, Kiner/Goodsell proposes the following strategies to attain these economic development objectives: New Strategy for Reaching Untapped Audiences The travel/tourism audience in Southern California includes people who possess an interest in Southern California communities, and who may be looking to purchase a second home, retire or relocate to the Coachella Valley. To reach this 1 4,9 �A 005 audience, we recommend producing a rack card that can be distributed on informational travel/tourism racks in hotels, restaurants, visitor centers, and other locations throughout the Inland Empire. This take-home piece will give prospectives a glimpse of La Quinta and the opportunities available to both residents and business owners. Enhance Essential Programs • Use the tagline "Shop, Dine, Live, Love La Quinta" to umbrella the City's individual marketing programs and build brand equity in the diverse benefits of the La Quinta lifestyle. • Continue to maintain a presence in community activities, such as: > Golf Cart Parade > Tamale Festival > Coachella Christmas Parade > International Date Festival Parade • Take the Shop/Dine La Quinta program into its third consecutive year, adding more vendors and services. 2 495 006 • Remain active in the annual ICSC (International Council of Shopping Centers) Convention -- October 2000. Advertise in the Las Vegas convention's program guide. • Capitalize on the initial groundwork laid by the Live La Quinta program to attract new residents. Increase the number of participating developers. Incorporate Added Marketing Support Through Familiar Channels • Update outdated material in the City's economic development inf omercial and explore new regional media placement vehicles, such as cable systems in various other affluent communities in Southern California and expansion to the Pacific Northwest region. > Using the same strategy, update 10-second TV factoids and 30-second economic development TV spots. Incorporate Direct Marketing Channels • Make realtor event an annual function, building more awareness for La Quinta as a relocation destination. 3 007 > Host a reception featuring residents and business owners who have successfully relocated to the community and can offer testimonials of their positive experience. • Target affluent business owners and individuals by creating in -terminal advertisements for the four private airports in the desert. Enhance the Quality of Life for Business and Residents • Use the popular Gamby character to create a "Keep La Quinta Clean" platform. This is an idea that has been visited in the past, however, budget and time parameters have not permitted implementation. > Use kid -friendly program name, such as "Gamby's WasteBusters". > Create stickers, coloring sheets and other collateral items for La Quinta schools. > Hold an essay contest -- offer prizes and organize Gamby visits. 0 497 e'00 Encourage Civic Pride • Plan grand opening festivities for the Civic Center Park, scheduled to open next spring. Involve community businesses in event to encourage more participation. Direct mail to all residents can include a unique number that can be checked against a list of prize numbers posted at event. • Re -visit seasonal event signage/banners to give La Quinta a quaint, hometown community atmosphere. • Coordinate promotional activities in conjunction with the new movie theater (late August or early September). In addition, purchase on -screen advertising at the theater (slide advertisements displayed prior to movie features). • Host Breakfast of Champions during the Bob Hope Chrysler Classic, and get more involved with the Mariachi Festival over Labor Day Weekend. • Explore PR Opportunities Beyond Press Releases • Market La Quinta to the film community -- specifically site locators for film and commercial ventures. Work with the CVB, and possibly send out a direct mail piece (such as an oversized postcard). Consider listing in LA trade directories. 5 . �' • Explore advertising/PR opportunities in trade publications of franchisers and other business that look for business expansion sites (such as Franchise Times, circ.100,000, targeting retail and restaurant franchisees). • Be Prepared • Reserve a small portion of the budget for any miscellaneous collateral item needs that will arise throughout the year. s 49,9 City of La Quinta FY 2001 Marketing Projects Economic Development Marketing Programs COLQ-10489 NCN Theater Advertising $ 4,810.40 COLQ-10491 2nd Annual Realtors Breakfast $ 3,133.57 COLA-10497 Retail Trade Publication Advertising $ 6,457.94 COLA-10523 Update Factoid TV Spots $ 1,264.45 COLQ-10525 New EconDev Infomercial $15,360.73 COLA-10534 New EconDev TV Spot $ 1,082.89 COLA-10552 Local Infomercial Placement $ 8,700.00 COLA-10553 Regional Infomercial Placement $10,000.00 COLQ-10554 Local EconDev Spot TV $12,000.00 COLQ-10555 Local EconDev Print Advertising $10,000.00 COLQ-10556 New EconDev Print Ad $ 654.04 COLA-10558 National EconDev Print (WSJ, etc.) $ 9,000.00 COLQ-10564 Private Airport Marketing Program $ 5,000.00 hop/Dine La Quinta 2001 - Business_ Retention Programs COLA-10486 Travel/Tourism Rack Card $13,707.09 COLA-10518 Shop/Dine Desert Sun Ad Design $ 341.57 COLA-10519 New Shop/Dine Radio $ 646.50 COLQ-10520 Revise Shop/Dine TV Spot $ 1,034.40 COLA-10542 Shop/Dine La Quinta 2001 Program $10,592.45 COLA-10543 Shop/Dine PR (Retainer) Retainer COLA-10549 Shop/Dine La Quinta Print Media $ 6,000.00 COLQ-10550 Shop/Dine La Quinta TV Media $17,000.00 COLQ-10551 Shop/Dine La Quinta Radio Media $ 5,200.00 7 500 011 Annual Parade Proiects COLQ-10511 Golf Cart Parade $ 2,756.81 COLA-10514 Tamale Festival Parade $ 1,326.06 COLQ-10517 Coachella Christmas Parade $ 1,307.46 COLA-10513 Date Festival Parade 2001 $ 1,386.06 Live La Quinta Program COLA-10535 Live La Quinta 2001 $ 6,000.00 COLA-10537 Live La Quinta TV Production $ 1,422.30 COLQ-10538 Live La Quinta Radio Production $ 484.88 COLA-10539 Live La Quinta NSP Ad Design $ 928.80 COLQ-10540 Live La Quinta Entry Boxes $ 164.00 COLQ-10541 Live La Quinta Grand Prize $ 1,000.00 COLQ-10544 Live La Quinta PR Retainer ICSC Programs COLA-10522 ICSC Las Vegas Conv. Program $ 3,211.11 COLQ-10565 ICSC Fall Event $ 1,077.50 Misc. Market a Proarams COLA-10490 LQ 8 Theaters Grand Opening $ 4,565.71 COLA-10493 Civic Center Park Grand Opening $13,830.51 COLQ-10524 Create Gamby Program $ 2,483.64 COLA-10561 Misc. Collateral Materials $10,775.00 COLQ-10567 Site Location Marketing $ 3,000.00 COLA-10568 Event Street Decorations $ 6,576.72 Bob Hope Program/Event COLQ-10548 BHCC Program Ad 2001 $ 241.90 COLA-10566 Breakfast of Champions $ 4,943.48 501 012 Annual Agency Retainer COLQ-10563 Kiner/Goodsell Retainer $ 40,800.00 Total Cost of All Proposed FY 2001 Projects/Jobs/Retainer - $ 250,267.97 50' C1 1 3 Economic Development Marketing The following estimates are for design, creation, and coordination of the City of La Quinta economic development marketing for Fiscal Year 2000-2001. COLA-10489 NCN Theater Advertising $ 4,810.40 COLA-10491 2nd Annual Realtors Breakfast $ 3,133.57 COLA-10497 Retail Trade Publication Advertising $ 6,457.94 COLQ-10523 Update Factoid TV Spots $ 1,264.45 COLA-10525 New EconDev Infomercial $15,360.73 COLQ-10534 New EconDev TV Spot $ 1,082.89 COLQ-10552 Local Infomercial Placement $ 8,700.00 COLA-10553 Regional Infomercial Placement $10,000.00 COLQ-10554 Local EconDev Spot TV $12,000.00 COLA-10555 Local EconDev Print Advertising $10,000.00 COLQ-10556 New EconDev Print Ad $ 654.04 COLA-10558 National EconDev Print (WSJ, etc.) $ 9,000.00 COLA-10564 Private Airport Marketing Program $ 5,000.00 Most of the costs associated with this program are the same as last year. COLA-10558 is a little higher, but there is an additional ad. All other costs are relatively cost to last year, with the exception of the NCN Theater Advertising and Retail Trade Publication Advertising, which are new. Total Cost - $87,464.02 10 500 C' 14 31� K I N E R / GQZ'DSELL A D V E g.:_` . PS I N G NCN Theater Advertising Mark Weiss Date 04/23/00 City of La Quinta Number COLD-10489 78-495 Calle Tampico Revision Original La Quinta, CA 92253 AE/Team S K Due Date: 08/15/00 Name/Title: On -screen Slide Movie Advertising at New La Quinta 8 Theater AE: Andrea Carter Desc/Specs: Create 2 slides for on -screen advertising prior to movie features at the new La Quinta 8 Theater. Message will focus on welcoming the theater as a new business in La Quinta, as well as acknowledge the growth and great things happening in the City of La Quinta. Also we will need to coordinate the media buy for a 26-week duration. Buy will include 8 screens, which will each run the slides three times prior to the movie feature. Description Est. Hours Estimate Media Buying 1.00 $ 4,380.48 Coordinate media buy for a 26-week duration. Buy will include 8 screens, which will each rotate the slides to deliver each prior to the movie feature. Media Placement Subtotal: $ 4,380.48 Account Services 2.00 Project coordination - retainer Account Services Subtotal: Outside Service $ 144.00' Produce 3 slides for theatres Production Services Subtotal: $ 144.00 Art Direction 3.00 $ 255.00' Design 3 economic development slides. Creative Services Subtotal: $ 255.00 Subtotal $ 4,779.48 '7.75% Sales Tax: $ 3a92 TOTAL $ 4,810.40 Total Estimated Hours: 6.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +A 10%. 5U'." 11 015 T � KI*NER / GOO':6SELL A D V E R---T L" S I N G ,-X .. Annual Realtors Brkfast Mark Weiss Date 04/23/00 City of La Ouinta Number COLA-10491 Revision Original AE/Team DS Due Date: 10/25/00 Name/Title: 2nd Annual Realtors Breakfast A E : Andrea Carter Desc/Specs: Host a breakfast event at the La Quinta Hotel for the commercial real estate agents and commercial loan institutions to update them on economic development within the city, especially the planned improvements in the Village area of La Duinta. The event will be by invitation and include a full breakfast buffet. Speakers will include the City Manager and key members of the City Planning Department. The media will be invited. Description Est. Hours Estimate Account Services 10.00 Program Coordination: Retainer Graphic Design 2.50 $ 212.50' Design Invitations. Outside Service $ 2,400.00 ' Event Costs (Estimated at 50-75 attendees). Postage $ 60.00 Mail 200 Invitations. Printing $ 240.00' Public Relations 3.00 ' Write and distribute a media advisory on the breakfast. Apply time to the retainer. Public Relations/Publicity Subtotal: Subtotal '7.75% Sales Tax $ 2,912.50 $ 221.07 TOTAL $ 3,133.57 Total Estimated Hours: 15.50 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: 50 Client Date: Cl 1 12 K I N E R / GQZ"DSELL A D V E I N G Retail Trade Print Adv. Mark Weiss Date 04/23/00 City of La Quinta Number COLD-10497 78-495 Calle Tampico Revision Original La Quinta, CA 92253 AE/Team S K Due Date: 10/15/00 Name/Title: Advertise in Retail Trade Publications Account Exec Andrea Carter Desc/Specs: Advertise a series of four 1/6th page, 4-color ads in a trade publications targeting businesses that are expanding (i.e., retail establishments). A great choice is Franchise Times, which targets franchised businesses that are growing and expanding. In fact, they usually devote at least one issue each year to hot real estate and expansion opportunities. Description Est. Hours Estimate Advertising cost 5.00 $ 6,000.00 Estimate for 4) 1/6 page, 4-color ad in Franchise Times. The total is estimated for budgeting purposes at $6000 gross. Media Placement Subtotal: $ 6,000.00 Account Services 4.00 Project coordination - retainer. Account Services Subtotal: Art Direction 5.00 $ 425.00' Design and create new ad Creative Services Subtotal: $ 425.00 Subtotal $ 6,425.00 '7.75% Sales Tax: $ 32.94 TOTAL $ 6,457.94 Total Estimated Hours: 14.00 Jobs involving printing include a contingency for press run overages. This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 13 Mark Weiss City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 KIJNER / GQ0'6SELL A D V E R.;-T C'' S I N G Update Factoid TV Spots Date 04/23/00 Number COLO-10523 Revision Original AE/Team S K Due Date: 11101100 Name/Title: Update Factoids TV Spots A E : Scott M. Kiner Desc/Specs: Update 3) :10 factoids TV commercials with new copy, voiceover & graphics. Description Est. Hours Estimate Account Services 2.00 Project coordination, including copywriting - retainer. Account Services Subtotal: Talent Fees $ 120.00' Voice-over talent for 3) 10-second spots. TV Studio Fees $ 672.00' Editing studio fees. Dubs -TV $ 84.00 2 Beta Dubs Production Services Subtotal: $ 876.00 Video Direction 3.50 $ 297.50' Select footage, design graphic, edit video and mix audio. Creative Services Subtotal: $ 297.50 Subtotal $ 1,173.50 '7.75% Sales Tax: $ 90.95 TOTAL $ 1,264.45 Total Estimated Hours: 5.50 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 5 07 14 Cl18 KINER / G A D V E LZI-' 1 Mark Weiss City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 'fDSELL S I N G New EconDev Infomercial Date 04/23/00 Number COLA-10525 Revision Original AE/Team S K Due Date: 11 /15/00 Name/Title: Update Infomercial for Coming Season A E : Scott M. Kiner Desc/Specs: Update the economic development infomercial with new interviews, more current video, new voice over with new facts, etc. Include an emphasis on the new Auto Centre with footage of the center and an interview with one of the dealers. Description Est. Hours Estimate Travel and/or meals $ 240.00 Travel and meals for crew for 12 days Account Services 6.00 Project planning - retainer Account Services Subtotal: $ 240.00 Talent Fees $ 240.00 Tape Stock $180.00' Editing tape stock - 10 betas TV Studio Fees $ 3,528.00 ' Estimated at 1.5 hours per minute of video (1.5 X 14 = 21) Videographer $ 3,360.00' Beta camera & camera operator FVF Production Services $ 4,800.00' Makeup $ 360.00' Makeup artist for interviewees Production Assistant $ 540.00 Assists with audio/video Production Services Subtotal: $ 13,008.00 Copywriting $ 384.00 Script announcer voice-over. Fine tune script to flow with actuality in- takes and out -takes. K/G Production Coordination 8.00 $ 680.00' Arrange/conduct all interviews. Oversee video scripting and supervise editing. Creative Services Subtotal: $ 1,064.00 508 15 01 9 KIN ER / G d;"DSELL A D V E LZa- J4 S I N G New EconDev Infomercial Mark Weiss Date 04/23/00 City of La Quinta Number COLO-10525 78-495 Calle Tampico Revision Original La Quinta, CA 92253 AE/Team S K Due Date: 11/15/00 Name/Title: Update Infomercial for Coming Season AE: Scott M. Kiner Desc/Specs: Update the economic development infomercial with new interviews, more current video, new voice over with new facts, etc. Include an emphasis on the new Auto Centre with footage of the center and an interview with one of the dealers. Description Est. Hours Estimate Subtotal '7.75 % Sales Tax: $ 14,312.00 $ 1,048.73 TOTAL $ 15,360.73 Total Estimated Hours: 14.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 509 a KINER / G 40es ELL A D V E_ .YS I N G ,..- New EconDev TV Spot Mark Weiss/Britt Wilson Date 04/23/00 City of La Quinta Number COLD-10534 78-495 Calle Tampico Revision Original La Quinta, CA 92253 AE/Team S K Due Date: 11 /01 /00 Name/Title: Create New Economic Development TV Spot (:30) A E : Scott M. Kiner Desc/Specs: Create new economic development spot with revised images and updated graphs/ graphics. Graphics to include video of the newly completed La Quinta Auto Centre. Description Est. Hours Estimate Account Services 3.00 Project coordination, including copywriting - retainer Account Services Subtotal: Talent Fees $ 90.00' Voice-over talent fees TV Studio Fees $ 576.00 Editing studio fees Dubs -TV $ 84.00 ' 2 beta dubs Production Services Subtotal: $ 750.00 Video Direction 3.00 $ 255.00' Select video, design graphics, edit video & mix audio. Creative Services Subtotal: $ 255.00 Subtotal $ 1,005.00 '7.75% Sales Tax: $ 77.89 TOTAL $ 1,982.89 Total Estimated Hours: 6.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 510 K I N E R / Ga& SELL A D V E _YS I N G Local Infomercial Media Mark Weiss/Britt Wilson Date 04/23/00 City of La Quinta Number COLA-10552 Revision Original AE/Team SK Due Date: 11/01/00 Name/Title: Local Economic Development Infomercial Placement A E: Scott M. Kiner Desc/Specs: Purchase local 30-minute "leased access" on MediaOne for the updated City of La Quinta infomercial. Total estimated airings - 32. Total cost of program - $8,700. Description Est. Hours Estimate: Account Services 2.00 Project coordination - retainer Media Buying 2.00 $ 8,700.00 Place $8700 in local 30-minute leased access. TOTAL Total Estimated Hours: 4.00 Approvals: Client Date: $ 8,700.00 18 �'�'2 KIN ER / GOOF SELL A D V E RY"`r " S I N G Regional Infomercial Ads Mark Weiss/Britt Wilson Date 04/23/00 City of La Quinta Number COLO-10553 Revision Original AE/Team S K Due Date: 11 /15100 Name/Title: Place Updated Infomercial On Different Regional Cable A E : Scott M. Kiner Desc/Specs: Research the best possible placements for the Economic Development infomercial in LA/Orange County/San Diego area markets and in the Pacific Northwest especially the Seattle/Portland and Vancouver markets. Place $10,000 on area cable systems. Description Est. Hours Estimate Account Services 5.00 Project coordination - retainer Media Buying Place $10,000 into new regional cable markets. 5.00 $ 10,000.00 TOTAL $ 10,000.00 Total Estimated Hours: 10.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 51 19 023 KINER / GQ-0'-DSELL A D V E R: T V'S I N G Rack Card Prog/Printing Mark Weiss Date 04/23/00 City of La Quinta Number COLO-10486 78-495 Calle Tampico Revision Original La Quinta, CA 92253 AE/Team SK Due Date: 10/15/00 Name/Title: Travel/Tourism Rack Card Contact: Andrea Carter Desc/Specs: Design and produce a 6-panel, 4-color rack card/brochure to promote the City of La Quinta in hotels, restaurants and visitor's centers in the Coachella Valley and the Inland Empire. Rack card size is 11 x 17 (unfolded), then bi-folded -- 6 panels on outside and inside. The specs are as follows: Description 4-page non bleed: Spread 1013116" x 161/8" Page image: 1013116" x 8" Folded Trim Size: 11.25" x 8.25" OR 4-page bleed: Spread image -- 1011/18" x 16.75" Folded Trim Size: 10 7/8" x 8.25" Spread Type Safety: 10 5/8" x 16" Est. Hours Estimate Media Buying 1.00 $ 5,196.13 Cost involved in distributing the rack cards at more than 250 restaurants, hotels, visitor's centers and tourist attractions in the Inland Empire and Coachella Valley Media Placement Subtotal: $ 5,196.13 Account Services 10.00 Coordination of the project - retainer. Account Services Subtotal: Printing $ 6,028.80' Print 105,000 414 rack cards (Desert Sun) Production Services Subtotal: $ 6,028.80 Copywriting 4.00 $ 340.00' Create copy for rack card. Graphic Design 18.00 $ 1,530.00' Design rack card layout. Creative Services Subtotal: $ 1,870.00 51 033 20 012"4 KINER / GO.015SELL A D V E R:: T F,� S I N G EconDev Local Spot TV Mark Weiss/Britt Wilson Date 04/23/00 City of La Quinta Number COLA-10554 Revision Original AE/Team S K Due Date: 11 /06/00 Name/Title: Economic Development TV Schedule A E : Scott M. Kiner Desc/Specs: Please place the following schedule: Budget - $12,000 November - $2000 (11/15- 2 weeks) January - $2000 (1/1 S - 2 weeks) February - $4000 (4 weeks) March - $4000 (4 weeks) Please place $6000.00 in local news - 10 second La Quinta "Factoids." Please use only the 6pm & 11 pm newscasts on Wednesday, Thursdays, Fridays & Saturdays only. All spots MUST play inside the newscasts - NO ADJACENCIES! The remaining $6000 should be placed as :30 second spots on local cable (CNN/A& E/ESPN.) Please buy mostly weekend programming. Description Est. Hours Estimate: Account Services 4.00 Project coordination - retainer Media Buying Place $12,000 of local spot television 4.00 $ 12,000.00 TOTAL $ 12,000.00 Total Estimated Hours: 8.00 Approvals: Client Date: 21 It`.r5 �,. A/ K I N E R / GO0`DSELL A D V E R.-T ` S I N G f � 1 Local EconDev Print Adv. Mark Weiss/Britt Wilson Date 04/23/00 City of La Quinta Number COLA-10555 Revision Original AE/Team SK Due Date: 11/06/00 Name/Title: Economic Development Print Advertising A E : Scott M. Kiner Desc/Specs: Schedule a series of Economic Development print ads to run in the Desert Sun during high season. Total budget is $10,000. Description Est. Hours Estimate: Account Services 2.00 Project coordination - retainer Media Buying 3.00 $ 10,000.00 Place $10,000 (gross) in Economic Development local (Desert Sun) print advertising TOTAL $ 10,000.00 Total Estimated Hours: 5.00 Jobs involving printing include a contingency for press run overages Approvals: Client Date: 22 s KI'NER / G(,Q LL A D V E R:-`[` I' S I N G New EconDev Print Ad Mark Weiss/Britt Wilson Date 04/23/00 City of La Quinta Number COLD-10556 Revision Original AE/Team SK Due Date: 11/03/00 Name/Title: Create New Economic Development Print Ad A E : Scott M. Kiner Desc/Specs: Design and create a new Economic Development print ad that doesn't place the emphasis on the "fastest growing city." Create a new ad that uses a new photo. Ad should be designed as a 4-color, 1/4 page (Broad sheet) vertical (6 7/16" X 10.5"). Please use a work photo inset, construction inset (folder) and arts festival inset folder). Headline: Why Not Work Where You Play... Copy: Residents of La Quinta, a beautiful city nestled in the foothills of the Santa Rosa mountains, enjoy an unparalleled quality of life. La Quinta is recognized for its world -class golf events, thriving arts community, abundant recreational opportunities and wide range of available housing. These attributed have attracted a number of new residents to our community. This population increase has, in turn, generated successful commercial growth. In fact, La Duinta experienced the third -fastest retail sales growth in the State, with an increase of 227.2% since 1990. Amid expanding economic growth, La Quinta aims to support business development and expansion, while contributing to the City's high quality of life. Today, over 100,000 people reside within a 5-mile radius of La Quinta. If you're looking to start or expand a business, take a close look at the City of La Quinta. We're a great place to work or play! (Same general footer information) Description Est. Hours Estimate: Account Services 3.00 Project coordination, includes copywriting - retainer Art Direction 7.00 $ 595.00 " Design and create new Economic Development print ad Bum CD or Zip Disk $12.00' Production Services Subtotal: $ 12.00 23 �tii ate:, 4 KINER / G0,01 SELL A D V E R. P S I N G New EconDev Print Ad Mark Weiss/Britt Wilson Date 04/23/00 City of La Quinta Number COLO-10556 Revision Original AE/Team SK Due Date: 11 /03/00 Name/Title: Create New Economic Development Print Ad - A E : Scott M. Kiner Desc/Specs: Design and create a new Economic Development print ad that doesn't place the emphasis on the "fastest growing city." Create a new ad that uses a new photo. Ad should be designed as a 4-color, 1/4 page (Broad sheet) vertical (6 7/16" X 10.5"). Please use a work photo inset, construction inset (folder) and arts festival inset folder). Headline: Why Not Work Where You Play... Copy: Residents of La Quinta, a beautiful city nestled in the foothills of the Santa Rosa mountains, enjoy an unparalleled quality of life. La Quinta is recognized for its world -class golf events, thriving arts community, abundant recreational opportunities and wide range of available housing. These attributed have attracted a number of new residents to our community. This population increase has, in turn, generated successful commercial growth. In fact, La Quinta experienced the third -fastest retail sales growth in the State, with an increase of 227.2% since 1990. Amid expanding economic growth, La Quinta aims to support business development and expansion, while contributing to the City's high quality of life. Today, over 100,000 people reside within a 5-mile radius of La Quinta. If you're looking to start or expand a business, take a close look at the City of La Quinta. We're a great place to work or play! (Same general footer information) Description Est. Hours Estimate: Subtotal '7.75% Sales Tax: TOTAL Approvals: Client Total Estimated Hours: 10.00 24 Date: $ 607.00 $ 47.04 $ 654.04 K I N E R / G0,0DSELL A D V E F.� 'r I" S I N G D� National EconDev Print Mark Weiss/Britt Wilson Date 04/23/00 City of La Quinta Number COLO.10558 Revision Original AE/Team SK Due Date: 11 /15/00 Name/Title: National Economic Development Print Advertising AE: Scott M. Kiner Desc/Specs: Purchase a series of 3) 2col X 5" ad in the Wall Street Journal Western Region. Please request the "Marketplace" section. Please mail the artwork to the appropriate people and provide me with an exact cost for this insertion. Thank youl Description Est. Hours Estimate Account Services 1.50 Project coordination - retainer Media Buying The "gross budget" for this buy is $9000.00 2.00 $ 9,000.00 TOTAL $ 9,000.00 Total Estimated Hours: 3.50 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 518 25 KIYrNER / G(—L I SELL A D V E Rs: YS I N G Priv. Airport Marketing Mark Weiss/Britt Wilson Date 04/27/00 City of La Quinta Number COLD-10564 78-495 Calle Tampico Revision Original La Quinta, CA 92253 AE/Team S K Due Date: 08/30/00 Name/Title: Implement Private Airport Marketing Program AE: Scott M. Kiner Desc/Specs: Implement a program of advertising the economic development opportunities in the 4 local private airports. This program will require that an acrylic wall mounted display be created that will hold the City's Economic Development tabloid. The cost involve include creating the displays, mounting the displays, maintaining the displays and possibly a monthly rental fee. Description Est. Hours Estimate Account Services 40.00 Project coordination, including designing the displays, contracting for their construction, installing the displays and setting up the monthly/ annual invoicing. Account Services Subtotal: Outside Service $ 4,500.00' Monthly location fee(s) Materials Purchased $ 500.00' Purchase wall mounted displays Production Services Subtotal: $ 5,000.00 Subtotal $ 5,000.00 *7.75% Sales Tax. $ 387.50 TOTAL $ 5,387.50 Total Estimated Hours: 40.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 319 26" Shop/Dine La Quinta 2001 (Business Retention) The following estimates outline programs to help grow La Quinta Businesses. COLQ-10486 COLQ-10518 COLQ-10519 COLQ-10520 COLQ-10542 COLA-10543 COLQ-10549 COLQ-10550 COLA-10551 Travel/Tourism Rack Card $13,707.09 Shop/Dine Desert Sun Ad Design $ 341.57 New Shop/Dine Radio $ 646.50 Revise Shop/Dine TV Spot $ 1,034.40 Shop/Dine La Quinta 2001 Program $10,592.45 Shop/Dine PR (Retainer) $ Shop/Dine La Quinta Print Media $ 6,000.00 Shop/Dine La Quinta TV Media $17,000.00 Shop/Dine La Quinta Radio Media $ 5,200.00 Most of the costs associated with this program are the same as last year. The most significant increase is the "Travel/Tourism Rack Card" program. Total Cost- $54,522.01 r 5 •.' 0 27 031 KINER / G A D V E R:-' Mark Weiss City of La Ouinta 78-495 Calle Tampico La Ouinta, CA 92253 DSELL S 1 N G Rack Card Prog/Printing Date 04/23/00 Number COLA-10486 Revision Original AE/Team SK Due Date: 10/15/00 Name/Title: Travel/Tourism Rack Card Contact: Andrea Carter Desc/Specs: Design and produce a 6-panel, 4-color rack card/brochure to promote the City of La Ouinta in hotels, restaurants and visitor's centers in the Coachella Valley and the Inland Empire. Rack card size is 11 x 17 (unfolded), then bi-folded -- 6 panels on outside and inside. The specs are as follows: 4-page non bleed: Spread 10 13/16" x 16 1/8" Page image: 1013116" x 8" Folded Trim Size: 11.25" x 8.25" OR 4-page bleed: Spread image -- 1011A8" x 16.75" Folded Trim Size: 10 7/8" x 8.25" Spread Type Safety: 10 5/8" x 16" Description Est. Hours Estimate Subtotal 7.75% Sales Tax: $ 13,094.93 $ 612.16 TOTAL $ 13,707.09 Total Estimated Hours: 33.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 28 C� 3 K I N E R / GO.O'"SE'LL A D V E P-Y-T _ V S I N G Create Shop/Dine NSP Ad Mark Weiss Date 04/23/00 City of La Quinta Number COLD-10518 78-495 Calle Tampico Revision Original La Quinta, CA 92253 A E/Team S K Due Date: 11/01/00 Name/Title: Shop/Dine Desert Sun Ad Design AE: Scott M. Kiner Desc/Specs: Design & create an updated Shop/Dine newspaper ad. Target start date of the program in FY 2001 plan is November 2000. Description Est. Hours Estimate Account Services 3.00 Account Services Subtotal: Bum CD or Zip Disk $12.00' Production Services Subtotal: $ 12.00 Copywriting 1.00 $ 50.00 Graphic Design 3.00 $ 255.00 Creative Services Subtotal: $ 305.00 Subtotal $ 317.00 '7.75% Sales Tax: $ 24.57 TOTAL $ 341.57 Total Estimated Hours: 7.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 29 t .: KINER / GO>-ODSELL A D V E PT YS I N G ' New Shop/Dine Radio Mark Weiss Date 04/23/00 City of La Quinta Number COLD-10519 78-495 Calle Tampico Revision Original La Quinta, CA 92253 AE/Team S K Due Date: 11 /01 /00 Name/Title: Revise Dine/Shop Radio Contact: Lea Goodsell Desc/Specs: Create entirely new Shop/Dine La Quinta radio spot. Description Est. Hours Estimate Account Services 2.00 Project coordination, including spot trafficking - retainer Account Services Subtotal: Outside Service $ 600.00' Includes copywriting, editing studio, voice-over talent, audio direction, and dubs (KWXY, KDES, KJJZ KEZN). Production Services Subtotal: $ 600.00 Subtotal '7.75% Sales Tax: $ 600.00 $ 46 50 TOTAL $ 646.50 Total Estimated Hours: 2.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 5 A'v 30 C'34 KNER / G0(0.6SELL A D V E R=T V S I N G l New Shop/Dine TV Spot Mark Weiss Date 04/23/00 City of La Quinta Number COLA-10520 78-495 Calle Tampico Revision Original La Quinta, CA 92253 AE/Team S K Due Date: 11 /01 /00 Name/Title: Revise Shop/Dine TV Spot AE: Scoff M. Kiner Desc/Specs: Revise graphics and voiceover on previous 1V commercial to reflect changes in program. Description Est. Hours Estimate Account Services 3.00 Project coordination, including spot trafficking - retainer Account Services Subtotal: Outside Service $ 960.00' Includes copywriting, voice-over talent, editing studio fees, video direction, music and beta dubs (3). Production Services Subtotal: $ 960.00 Subtotal '7.75 % Sales Tax: $ 960.00 $ 74.40 TOTAL $ 1,034.40 Total Estimated Hours: 3.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 31 0353 -• r ate...... KI+NER / GQ.-o'L SELL A D V E R�-T. VS I N G -` Shop/Dine 2001 Program Mark Weiss/Britt Wilson Date 04/23/00 City of La Quinta Number COLD-10542 Revision Original AE/Team SK Due Date: 11 /10100 Name/Title: "Shop/Dine La Quinta 2001" Card Program A E : Scott M. Kiner Desc/Specs: Update design & create a Shop/Dine La Quinta cans for discount shopping & dining in La Quinta. This credit card size Shop/Dine La Quinta Card will be 2/1. We will also create a trifold, card stock, direct mail piece in which the card will be attached to using fusion glue. The size is 8.5 X 11; 2/1, score and folds to 3 6/8 X 8.5 Description Est. Hours Estimate: Account Services 40.00 Project coordination - retainer Art Direction 8.00 $ 680.00' Design Shop/Dine card and mailing piece Copywriting 2.50 $ 212.50' Write coupon copy and "Dine La Quinta" letter Mailing Services (Coordination) $ 1,088.58 Mailing size - 12,500 La Quinta addresses. Affix "resident" labels sort for best postage rates, batch, bundle, prepare postal reports and deliver to the Post Office. Affix white "wafer" seals. Printing $ 3,600.00' Print 15, 000 Shop✓Dine La Quinta Card - 3.25" X 6" (fold to 3.25" X 2"), 2/1, 2 scores, 8pt. Cover C2S card stock, full bleed. Print 15, 000 Shop/Dine La Quinta Direct Mail Piece - 8.5" X 11 ", 211, 2 scores, 8pt. White Cover, CIS. Folds to letterfold. Outside Service $ 2,880.00' Adhere cards to mailing piece using fusion glue. Stuff envelopes with mailing and letter (Foundation for the Retarded). Postage $ 1,560.00 Postage for 1250 pieces Production Services Subtotal: $ 4,440.00 32 C36 KINER / GQ.O'I)SELL A D V E RI-T F' S I N G Shop/Dine 2001 Program Mark Weiss/Britt Wilson Date 04/23/00 City of La Quinta Number COLA-10542 Revision Original AE/Team SK Due Date: 11 /10/00 Name/Title: "Shop/Dine La Quinta 2001" Card Program AE: Scott M. Kiner Desc/Specs: Update design & create a Shop/Dine La Quinta card for discount shopping & dining in La Quinta. This credit card size Shop/Dine La Quinta Card will be 2/1. We will also create a trifold, card stock, direct mail piece in which the card will be attached to using fusion glue. The size is 8.5 X 11; 2/1, score and folds to 3 5/8 X 8.5 Description Est. Hours Estimate: Subtotal $ 10,021.08 7.75% Sales Tax. $ 571.37 TOTAL $ 10,592.45 Total Estimated Hours: 50.50 Approvals: Client Date: 520 33 037 KINER / G0,0- SELL A D V E R,-T j° S I N G Shop/Dine 2001 PR Mark Weiss/Britt Wilson Date 04/23/00 City of La Quinta Number COLD-10543 78-495 Calle Tampico Revision Original La Quinta, CA 92253 AE/Team S K Due Date: 11 /15/00 Name/Title: Shop/Dine PR A E : Scott M. Kiner Desc/Specs: Creating and distributing Shop/Dine La Quinta 2001 press release. Description Est. Hours Estimate Account Services 1.00 Project coordination - retainer Account Services Subtotal: Public Relations 4.00 Write and distribute Shop/Dine La Quinta 2001 PR. Public Relations/Publicity Subtotal: TOTAL $ 0.00 Total Estimated Hours: 5.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 34 038 KINER / GO.;ODSELL A D V E R -; IFS I N G Shop/Dine LQ Print Media Mark Weiss/Britt Wilson Date 04/23/00 City of La Quinta Number COLO-10549 Revision Original A E/Team S K Due Date: 11 /01 /00 Name/Title: Shop/Dine La Quinta 2001 Print Media AE: Scott M. Kiner D e s c/Specs : Place a 2X6 (spot color - TBD) in The Desert Sun and the new Post paper. Program begins in November and run through April 2001. Please run in the Desert Sun on Mondays, Wednesdays, Fridays & Saturdays (Local & Living sections only). Total Gross budget is $6000. Description Est. Hours Estimate: Account Services 2.00 Project coordination - retainer Media Buying 2.00 $ 6,000.00 TOTAL $ 6,000.00 Total Estimated Hours: 4.00 Approvals: Client Date: J� r� n :.0 35 C39 KINER / GO-O:DSELL A D V E R.> r E S I N G 41r- Shop/Dine LQ TV Media Mark Weiss/Britt Wilson Date 04/23/00 City of La Quinta Number COLO-10550 Revision Original A E/Team S K Due Date: 11 /01 /00 Name/Title: "Shop/Dine La Quinta 2001" 1V Media A E : Scott M. IQner Desc/Specs: Please place the broadcast orders in local television for the "Shop/Dine La Quinta" television campaign. The budget for the campaign is $17,000. Exact schedule to be determined at a later date. Description Account Services Project coordination - retainer Estimate: Media Buying $ 17,000.00 TOTAL Approvals: Client Date: $ 17,000.00 5 36 ecl0 4 KINER / GO.,GiSSELL A D V E R.:-f NS I N G Shop/Dine LQ Radio Media Mark Weiss/Britt Wilson Date 04/23/00 City of La Quints Number COLA-10551 Revision Original AE/Team S K Due Date: 11 /01 /00 Name/Title: "Shop/Dine La Quinta 2001" Radio Media AE: Scott M. Kiner Desc/Specs: Place $5200 worth of radio advertising to promote "Shop/Dine La Quinta 2001" beginning in November and extending through February, 2001. Exact schedule TBD. Description Est. Hours Estimate: Account Services 3.00 Project coordination - retainer Media Buying 3.00 $ 5,200.00 TOTAL Total Estimated Hours: 6.00 Approvals: Client Date: $ 5,200.00 530 37 e,41 "Everyone Loves A Parade" (Community Image/Involvement) The following estimates are for design, creation, and coordination of a new City of La Quinta parade float for the coming season. COLQ-10511 Golf Cart Parade $ 2,756.81 COLA-10514 Tamale Festival Parade $ 1,326.06 COLQ-10517 Coachella Christmas Parade $ 1,307.46 COLA-10513 Date Festival Parade 2001 $ 1,386.06 Most of the costs associated with this program are the same as last year. Total Cost - $6,776.39 53I. 38 C'42 KINER / Gov DSELL A D V E R- T I'` S I N G Golf Cart Parade 2000 Mark Weiss Date 04/23/00 City of La Ouinta Number COLD-10511 78-495 Calle Tampico Revision Original La Quinta, CA 92253 AE/Team - S K Due Date: 11/30/00 Name/Title: Golf Cart Parade Contact: Lea Goodsell Desc/Specs: Concept and create a float for the Golf Cart Parade which can also be adapted and used for subsequent parades. Description Est. Hours Estimate Entry Fee $ 90.00 Estimated cost of entry Account Services 2.00 Project coordination - retainer Account Services Subtotal: $ 90.00 Outside Service $1,200.00 ' Parts, materials, construction labor and cart delivery & pickup. Production Services Subtotal: $ 1,200.00 Art Direction 15.00 $ 1,275.00 Design, construct and decorate the float. Includes a $200 decoration materials allowance. Creative Services Subtotal: $ 1,275.00 Subtotal $ 2,565.00 '7.75% Sales Tax: $191.81 TOTAL ' $ 2,756.81 Total Estimated Hours: 17.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: Jr-, 3 '' 39 G 4 3 KINER / G0-f30".SELL A D V E R--,T V' S I N G 11 r Tamale Fest. Parade 2000 Mark Weiss Date 04/23/00 City of La Quinta Number COLA-10514 78-495 Calle Tampico Revision Original La Ouinta, CA 92253 A E/Team S K Due Date: 12/09/00 Name/Title: Tamale Festival Parade AE: Andrea Carter Desc/Specs: Revise and refurbish the float for the Tamale Festival Parade. Have delivered to work site. Description Est. Hours Estimate Entry Fee Estimated entry cost. Account Services Project coordination - retainer Account Services Subtotal: Outside Service Deliver and pickup the float. Production Services Subtotal: Art Direction Decorate and prepare the float for the parade. Creative Services Subtotal: 2.00 $ 60.00 $ 240.00 $ 240.00 11.00 $ 935.00' $ 935.00 Subtotal $ 1,235.00 '7.75% Sales Tax: $ 91.06 TOTAL $ 1,326.06 Total Estimated Hours: 13.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: r J 3 .n, 40 044 K I N E R / GO-•ODSELL A D V E R-;"=T P' S I N G Ff� Coachella Parade 2000 Mark Weiss Date 04/23/00 City of La Quinta Number COLD-10517 78-495 Calle Tampico Revision Original La Quinta, CA 92253 AE/Team S K Due Date: 12/16/00 Name/Title: Coachella Christmas Parade Contact: Lea Goodsell Desc/Specs: Revise and refurbish the float for the Coachella Christmas Parade. Have delivered to work site. Estimate Description Est. Hours Entry Fee $ 60.00 Estimated cost of entry. Account Services 2.00 Project coordination • retainer Delivery $ 240.00 Deliver and pickup float. Account Services Subtotal: $ 300.00 Art Direction 11.00 $ 935.00 " Decorate and prepare float for the parade. Includes a $200 decorating materials allowance. Creative Services Subtotal: $ 935.00 Subtotal $ 1,235.00 '7.75% Sales Tax: $ 72.46 TOTAL $ 1,307.46 Total Estimated Hours: 13.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 534 41 Ci 4 5 Mark Weiss City of La Duinta 78-495 Calle Tampico La Quinta, CA 92253 Name/Title: Contact: Desc/Specs: IN! K I+N E R / G A D V E R D ELL S 1 N G Date Fest. Parade 2001 Date 04/23/00 Number COLO-10513 Revision Original AE/Team S K Due Date: 02/19/01 Date Festival Parade Lea Goodsell Concept and create a float for the Date Festival Parade which alludes to the Arabian theme. Description Est. Hours Estimate Entry Fee $ 120.00 Estimated cost of entry. Account Services 3.00 Project coordination - retainer Account Services Subtotal: $ 120.00 Outside Service $ 240.00' Cost to deliver and pickup float. Production Services Subtotal: $ 240.00 Art Direction 11.00 $ 935.00' Decorate float for the parade. Includes a $200 materials allowance. Creative Services Subtotal: $ 935.00 Subtotal $ 1,295.00 '7.75% Sales Tax: $ 91.06 TOTAL $ 1,386.06 Total Estimated Hours: 14.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 535' 42 0 4 �� Live La Quinta 2001 Marketing The following are Live La Quinta marketing estimates for Fiscal Year 2000-2001. COLA-10535 COLQ-10537 COLA-10538 COLA-10539 COLA-10540 COLA-10541 COLA-10544 Live La Quinta 2001 Live La Quinta Tv Production Live La Quinta Radio Production Live La Quinta NSP Ad Design Live La Quinta Entry Boxes Live La Quinta Grand Prize Live La Quinta PR $ 6,000.00 $ 1,422.30 $ 484.88 $ 928.80 $ 164.00 $ 1,000.00 The cost of this program is the same as last year - $10,000. We expect to increase the participation again this year from local developers. Total Cost - $9,999.98 530 43 047 KINER / GOA.fS'ELL A D V E S I N G Live La Quinta 2001 Mark Weiss/Britt Wilson Date 04/23/00 City of La Quinta Number COLO-10535 Revision Original AE/Team SK Due Date: 02/19/01 Name/Title: Live La Quinta 2001 A E : Scott M. Kiner 0 e s c/Specs : Coordinate and produce "Live La Quinta" promotion over the Bob Hope/Presidents Day/Date Festival 2001 weekend. This promotion will include: • Grand Prize vacation giveaway - • Color full page(s) in the Desert Sun • TV/Radio ad support • Participation by La Quinta developers The "Live La Quinta" promotion will have a total price tag of approximately $20-30, 000. The city will co-op $10,000 of the total. Kiner/Goodsell participation will be 1/2 applied to retainer and 1/2 paid for as a cost of the promotion. Description Est. Hours Estimate: Account Services 40.00 Project coordination. Includes contacting and selling the promotion to area developers. Coordinating all invoicing of participating builders. Also includes vendor coordination. A total of 40 hours will be applied to retainer. Media Buying 3.00 $ 6,000.00 Gross cost of media purchased for the promotion. TOTAL Total Estimated Hours: 43.00 $ 6,000.00 Approvals: Client Date: 53 44 048 Mark Weiss/Britt Wilson City of La Quinta Name/Title: AE: Desc/Specs: b�. KINER / GSELL A D V ES I N G Live LQ 2001 TV Spot Date Number Revision AE/Team Due Date: "Live La Ouinta 2001" 1V Production Scott M. Kiner Write and produce TV spot for "Live La Ouinta 2001 ". 04/23/00 COLO-10537 Original SK 02/14/01 Description Est. Hours Estimate Account Services 2.00 Project coordination - retainer Account Services Subtotal: Outside Service $ 1,320.00' FVF Productions - Includes scripting, voice talent, production supervision, editing bay rental and dubs. Production Services Subtotal: $ 1,320.00 Subtotal $ 1,320.00 '7.75% Sales Tax: $102.30 TOTAL $ 1,422.30 Total Estimated Hours: 2.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client nata• �38 wl 0� KINER / GCS SELL A D V E S I N G Live LQ 2001 Radio Spot Mark Weiss/Britt Wilson Date 04/23/00 City of La Quinta Number - COL(2-10538 Revision Original AE/Team S K Due Date: 02/14/01 Name/Title: "Live La Quinta 2001" Radio A E : Scott M. Kiner Desc/Specs: Please write and produce "Live La Quinta 2001" 60-second radio spot. Description Est. Hours Estimate Account Services 1.00 Project coordination - retainer Account Services Subtotal: Outside Service $ 460.00' FVF Productions - Includes scripting, talent fees, studio editing, dubs and production studio rental. Production Services Subtotal: $ 450.00 Subtotal '7.75% Sales Tax: TOTAL $ 450.00 , $ 34.88 $ 484.88 Total Estimated Hours: 1.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 530 46 C`50 KINER / Z SELL A D V E 110T .S I N G Live LQ 2001 DS Ad Design Mark Weiss/Britt Wilson Date 04/23/00 City of La Quinta Number _ COLO-10539 78-495 Calls Tampico Revision- Original La Quinta, CA 92253 AE/Team SK Due Date: 02/14/01 Name/Title: "Live La Quinta 2001" Full Page Nsp Ad A E : Scott M. Kiner Desc/Specs: Create & Design a Mcolor ad for the Live La Quinta Campaign in the Desert Sun. Scott will provide more information. _ We need to obtain ads from participating developers and place within the full page with La Quinta new home guide (map), city seal & header, etc. Developers to provide completed full color ads. Description Est. Hours Estimate Account Services 6.00 Project coordination, including copywriting - retainer Account Services Subtotal: Zip Disk $12.00' Production Services Subtotal: $ 12.00 Graphic Design 10.00 $ 850.00' Creative Services Subtotal: $ 850.00 Subtotal $ 862.00 '7.75% Sales Tax: $ 66.80 TOTAL $ 928.80 Total Estimated Hours: 16.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 540 47 KIN ER / GQ SELL A D V E S I N G Live LQ 2001 Entry Boxes Mark Weiss/Britt Wilson Date 04/23/00 City of La Quinta Number COLCI-10540 78-495 Calle Tampico Revision Original La Quinta, CA 92253 A E/Tea m - S K Due Date: 02/14/00 Name/Title: "Live La Quinta 2001" Entries/Entry Boxes A E : Scott M. Kiner Desc/Specs: Create "Live La Quinta 2001" entries and entry boxes. Estimate Description Est. Hours Account Services 2.00 Project coordination - retainer Account Services Subtotal: Outside Service $ 55.20 * Produce entries & entry box Bum CD or Tap Disk $12.00 * Production Services Subtotal: $ 67.20 Art Direction 1.00 $ 85.00 * Design entries and create entry boxes Creative Services Subtotal: $ 85.00 Subtotal $ 152.20 *7.75% Sales Tax: $ 11.80 TOTAL $ 164.00 Total Estimated Hours: 3.00 This estimate represents a good -faith estimate of the job's actual costs- The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 109""- Approvals: r`rnnf Date: 54 48 05? ' f r K]NER / G bf SELL A D V E S I N G ,. Live LQ 2001 Grand Prize r• Mark Weiss/Britt Wilson Date 04/23/00 City of La Quinta Number COLO-10541 78-495 Calle Tampico Revision Original La Quinta, CA 92253 AE/Team S K Due Date: - 02/14/01 Name/Title: "Live La Quinta 2001" Grand Prize A E : Scott M. I(iner Desc/Specs: Purchase Live La Quinta 2001 Grand Prize vacation - $1000 value. Estimate Description Est. Hours Account Services 2.00 Account Services Subtotal: Materials Purchased - $1,000.00 Purchase Grand Prize vacation Production Services Subtotal: $ _ 1,000.00 TOTAL $ 1,000.00 Total Estimated Hours: 2.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 54 49 �'SI-) Mark Weiss/Britt Wilson City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 KINER / G SELL A D V E S I N G "Live LQ 2001 " PR Date 04/23/00 Number - COLO-10544 Revision _ Original AE/Team SK Due Date: 02/14/01 Name/Title: "Live La Quinta 2001" PR A E : Scott M. IGner - Desc/Specs: Creating and distributing "Live La Quinta 2001" press release. Description Est. Hours Estimate Account Services 1.00 Project coordination - retainer Account Services Subtotal: Public Relations 4.00 Public Relations/Publicity Subtotal: TOTAL 1 $ 0.00 Total Estimated Hours: 5.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 543 50 ";4 icsc Marketing The following estimates are ICSC marketing for Fiscal Year 2000-2001. COLA-10522 ICSC Las Vegas Conv. Program $ 3,211.11 COLA-10565 ICSC Fall Event $ 1,077.50 Total Cost - $4,288.61 54A 51 e- 55 KINER / G SELL A D V E S I N G ICSC LV Conf. Program Ad Mark Weiss Date 04/23/00 City of La Quinta Number COLA-10522 78-495 Calle Tampico Revision Original La Quinta, CA 92253 AE/Team S K Due Date: 02/28/01 Name/Title: ICSC Las Vegas Conv. Program `- Contact: Lea Goodsell Desc/Specs: Design & create a print ad. Description Est. Hours Estimate Media Buying 2.00 $ 3,000.00 Cast of ad in the program - ESTIMATED. The ad sue has not been determined at this time. This figure is for estimating purposes only. Media Placement Subtotal: $ 3,000.00 Account Services 2.00 Proje& coordination. Includes researching publication costs, mechanical requirements and due dates. Delivery $15.00 Account Services Subtotal: $ 15.00 Zip Disk $12.00' Production Services Subtotal: $ 12.00 Graphic Design 2.00 $170.00' Modify existing economic development ad to ICSC program. Prep files for publication. Creative Services Subtotal: $ 170.00 Subtotal $ 3,197.00 '7.75% Sales Tax: $ 14.11 TOTAL $ 3,211.11 Total Estimated Hours: 6.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 545 52 C! 5 6 KINER /--Gop0eSELL A D V E &J9f JF S I N G Fail ICSC Promo Mark Weiss/Britt Wilson Date - 04/23/00 City of La Quinta Number Revision _COLD-10565 Original AE/Team LG Due Date: 10/15/00 Name/Title: Create ICSC Event (October -PS Convention Center) A E : Scott M. Kiner Desc/Specs: Sponsor/Create an event in association with the Fall ICSC convention at the Palm Springs Convention Center. If nothing else, improve upon the Beer & Wine Garden sponsorship presence. Estimate Description Est. Hours Account Services 10.00 Project coordination - retainer Outside Service $ 1,000.00 - Project costs - estimated Subtotal $ 1,000.00 7.75% Sales Tax: $ 77.50 TOTAL $ 1,077.50 Total Estimated Hours: 10.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 546 53 C, 5 7 Miscellaneous Marketing Projects COLQ-10490 LQ 8 Theaters Grand Opening $ 4,565.71 COLA-10493 Civic Center Park Grand Opening $13,830.51 COLA-10524 Create Gamby Program $ 2,483.64 COLA-10561 Misc. Collateral Materials $10,775.00 COLQ-10567 Site Location Marketing $ 3,000.00 COLA-10568 Event Street Decorations $ 6,576.72 Total Cost - $41,231.58 54r 54 M KI'NER / G A -ELL A D V E RoPf KS I N G 00, ,. Theatres Grand Opening Mark Weiss Date 04/23/00 City of La Quinta Number COLO-10490 Revision Original AE/Team SK Due Date: - 08/15/00 Name/Title: LQ 8 Theatre Grand Opening - A E : Scott M. Kiner Desc/Specs: Create a citywide promotion to welcome the new Theatre - can be coordinated with restaurants to create a Dinner and a Movie theme. Collateral materials include counter cards and ads in the Gem and other local media. Description Est. Hours Estimate Account Services 30.00 Project Coordination to be covered by retainer. Art Direction 6.00 $ 510.00 Design counter cards for La Quinta businesses Advertising cost 1.00 $ 3,680.00 Advertising to drive attendees to the event. Zip Disk $ 12.00' Public Relations 5.00 • PR to be covered by retainer. Printing $ 300.00' Print counter cards for La Quinta businesses. Subtotal $ 4,502.00 '7.75% Sales Tax: $ 63.71 TOTAL $ 4,565.71 Total Estimated Hours: 42.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- Jo%. Approvals: Client Date: 543 55�5 K I N E R / G 0.6orsELL A D V E Bra- S I N G Civic Center Park Opening Mark Weiss Date 04/23/00 City of La Ouinta Number COLA-10493 78-495 Calle Tampico Revision Original La Ouinta, CA 92253 AE/Team S K Due Date: 04/01 /01 Name/Title: Grand Opening Festivities for Civic Center Park _ Contact: Andrea Carter Desc/Specs: Coordinate grand opening festivities for Civic Center Park, including five entertainment (popular and recognizable local musicians, magicians, etc.), food vendors (preferably local restaurants that can offer "samples" of their cuisine), tethered hot air balloon rides, etc. Brainstorm ways to showcase the best features of the park (perhaps a cycling race, scavenger hunt around the park, etc.). Description Est. Hours Estimate Advertising cost $10,000.00 Costs to advertise event Includes the cost of producing the ads/ mailings for the advertising. Media Placement Subtotal: $ 10,000.00 Account Services 30.00 Assist with event coordination. Mner/Goodsell hours are estimated based on "assisting" the city in coordinating the festival. If Kiner/ Goodsell is the sole coordinating entity, our hours would be closer to 100. Project coordination • retainer. Account Services Subtotal: Public Relations 5.00 • PR covered by retainer. Public Relations/Publicity Subtotal: Outside Service $ 3,000.00' Costs associated with the event (entertainment, waste management, etc) This is a ROUGH ESTIMATE. A detailed estimate will be available once the scope of the project and the role of Kiner/Goodsell is clearly defined. Printing $ 300.00' Print promotional poster for event. Production Services Subtotal: $ 3,300.00 Art Direction 3.00 $ 255.00' Design promotional poster for the event Any print ads or mailing piece designs will come out of the advertising costs. Creative Services Subtotal: $ 255.00 546 56 060 KINER / G SELL A D V E 9,-; J S I N G Civic Center Park Opening Mark Weiss . Date 04/23/00 City of La Duinta Number COLO-10493 78-495 Calle Tampico Revision Original La Quinta, CA 92253 AE/Team S K Due Date: 04/01/01 Name/Title: Grand Opening Festivities for Civic Center Park Contact: Andrea Carter - l Desc/Specs: Coordinate grand opening festivities for Civic Center Park, including live entertainment (popular and recognizable local musicians, magicians, etc.), food vendors (preferably local restaurants that can offer "samples" of their cuisine), tethered hot air balloon rides, etc. Brainstorm ways to showcase the best features of the park (perhaps a cycling race, scavenger hunt around the park, etc.). Description Est. Hours Estimate Subtotal $ 13,555.00 7.75% Sales Tax: $ 275.51 TOTAL $ 13,830.51 Totai Estimated Hours: 38.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. _ Approvals: Client Date: 550 57 C' 61 i KINER / GO„O'DSELL A D V E R T 1S I N G Keep LQ Clean Program Mark Weiss Date 04/23/00 City of La Quinta Number COLD-10524 78-495 Calle Tampico Revision Original La Quinta, CA 92253 AE/Team S K Due Date: 08/31/00 Name/Title: Create Gamby Program A E : Scott M. Kiner Desc/Specs: Create a Keep La Quinta Clean program with stickers, coloring sheets, etc. for Gamby to distribute and to use as incentives. Create an essay contest to be administered through the schools and rewarded with savings bonds from VIB at a City Council meeting. Description Est. Hours Estimate Account Services 30.00 Project coordination, includes contacting the Desert Sands Unified School District and coordinating the essay contest, and working with a local bank (VIB, e.g.). Also, coordinate printing/acquisition of materials for the program. Account Services Subtotal: Outside Service $ 1,200.00' Create/acquire Gamby materials. This is a ROUGH ESTIMATE. Production Services Subtotal: $ 1,200.00 Copywriting 4.00 $ 340.00' Write Gamby materials Art Direction 9.00 $ 765.00' Design Gamby materials Creative Services Subtotal: $ 1,105.00 Subtotal . $ 2,305.00 '7.75% Sales Tax. $ 178.64 TOTAL $ 2,483.64 Total Estimated Hours: 43.00 Jobs involving printing include a contingency for press run overages. This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: 551 58 C` 6 `" -) I -e oe-o K1NER / GO-015SE'LL A D V E R--►` Fj S I N G Misc. Collateral Jobs Mark Weiss/Britt Wilson Date 04/23/00 City of La Quinta Number COLA-10561 Revision Original AE/Team LG Due Date: 05/23/01 Name/Title: Misc. Collateral Materials A E : Scott M. Kiner Desc/Specs: Design, update, create & produce miscellaneous collateral materials. Description Est. Hours Estimate: Account Services 6.00 Project coordination - retainer Art Direction Miscellaneous design Printing Various printing 12.00 $1,000.00 • $ 9,000.00 R Subtotal $ 10,000.00 '7.75% Sales Tax: TOTAL Total Estimated Hours: 16.00 Approvals: Client Date: $ 775.00 $ 10,775.00 55 59 0 63 I K I N E R / GO,a`rELL A D V EP-�- `i' VS I N G '' Site Locators Marketing Mark Weiss/Britt Wilson Date 04/23/00 City of La Quinta Number COLD-10567 78-495 Calle Tampico Revision Original La Quinta, CA 92253 AE/Team S K Due Date: 11/30/00 Name/Title: Site Location Marketing AE: Scott M. IGner Desc/Specs: Market/Promote the City of La Quinta to site locators in the film and photography industry. Work with the local CVB and IEEP to develop a defined marketing program that might include direct mail, trade advertising, etc. Description Est. Hours Estimate Advertising cost 4.00 $ 3,000.00 Misc. advertising/marketing costs Media Placement Subtotal: $ 3,000.00 Account Services 30.00 Project coordination - retainer Account Services Subtotal: TOTAL $ 3,000.00 Total Estimated Hours: 34.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 5Do 06 Mark Weiss/Britt Wilson City of La Quinta Name/Title: AE: Desc/Specs: KI N ER / G0,0ffSE'LL A D V E R.:-T fO S I N G Decorative Street Banners Date 04/23/00 Number COLD-10568 Revision Original AE/Team LG Due Date: 11/15/00 Event Street Decorations Scott M. Kiner Purchase event street decorative banners. Installation to be performed by the City of La Quinta. Available decorative ideas will be submitted to staff for consideration. Description Est. Hours Estimate: Account Services 10.00 Project coordination - retainer Delivery $ 60.00 Outside Service $ 6,048.00' Purchase banners and bracket mounting systems. This is a ROUGH ESTIMATE A detailed estimate will be provided once the sign locations have been determined. Subtotal '7.75% Sales Tax: TOTAL Total Estimated Hours: 10.00 Approvals: Client Date: $ 6,108.00 $ 468.72 $ 6,576.72 JJ4 'V r 61 c`6,-) Bob Hope Chrysler Classic Marketing The following estimates are Bob Hope Chrysler Classic marketing estimates for Fiscal Year 2000-2001. COLQ-10548 BHCC Program Ad 2001 COLA-10566 Breakfast of Champions Total Cost - $5,185.38 $ 241.90 $ 4,943.48 555 W C'6r; KINER / G 0-0> SELL A D V E R-"r ¢" S I N G ,- . Breakfast of Champions Mark Weiss/Britt Wilson Date 04/23/00 City of L_ Quinta Number COLA-10566 78-495 i alle Tampico Revision Original La Quinta, CA 92253 AE/Team S K Due Date: 02/13/01 Name/Title: Host Breakfast of Champions AE: Scott M. Kiner Desc/Specs: On Tuesday, February 13th host a breakfast, in conjunction with the La Quinta Chamber of Commerce, that recognizes the Defending Champion of the Bob Hope Chrysler Classic and past champions. The event would raise money for either the chamber or a worthwhile local organization (Jr. Golf, etc.) Description Est. Hours Estimate Advertising cost 3.00 $ 4,200.00 Purchase print and radio advertising targeting a 35-70 audience to attend this event. Media Placement Subtotal: $ 4,200.00 Account Services 15.00 Project coordination - retainer Account Services Subtotal: Printing $ 180.00' Create 100 event posters Production Services Subtotal: $ 180.00 Art Direction 6.00 $ 510.00' Design newspaper ad & event poster Creative Services Subtotal: $ 510.00 Subtotal '7.75% Sales Tax. $ 4,890.00 $ 53.48 TOTAL $ 4,943.48 Total Estimated Hours: 24.00 This estimate represents a good -faith estimate of the job's actual costs. The final cost is based on client revisions on approved work that is ordered. Every K/G estimate may vary by +/- 10%. Approvals: Client Date: 63 C' 6'7 K I N E R / GQ:,071 SELL A D V E R Ir, , 14' S I N G r, 2001 Bob Hope Ad Mark Weiss/Britt Wilson Date 04/23/00 City of La Ouinta Number COLA-10548 Revision Original AE/Team SK Due Date: 11/15/00 Name/Title: 2001 Bob Hope Program Ad AE: Scott M. Kiner Desc/Specs: Design 4-color, full page economic development ad. Vertical size - 7" X 10". Line screen -150. 1/8" required on a bleed. Provide art on disk with color comp. Description Est. Hours Estimate: Account Services 2.00 Project coordination - retainer Art Direction 2.50 $ 212.50 " Modify 4-color, economic development ad to fit the BHCC program. Tip Disk $12.00' Production Services Subtotal: $ 12.00 Subtotal $ 224.50 '7.75% Sales Tax: $ 17.40 TOTAL $ 241.90 Total Estimated Hours: 4.50 Ap estimates are plus or minus 10%. Work will commence upon receipt of signed estimate Approvals: Client Date: Jt)w C, 63 Kiner/Goodsell Annual Retainer COLQ-10563 Annual Agency Retainer $40,800.00 Total Cost - $40,800.00 (480 hours @ $85/hour) J �) 65 06 Mark Weiss/Britt Wilson City of La Quinta I sop, KINER / GO.1Q-, SELL A D V E R"-T V'S I N G Kiner/Goodsell Retainer Date 04/23/00 Number COLO-10563 Revision Original AE/Team SK Due Date: 06/30/01 Name/Title: Agency Retainer ($3400.00/Month) AE: Scott M. Kiner Desc/Specs: Agency retainer to be $3,400 per month beginning July 1, 2000 and ending June 30, 2001. Kiner/Goodsell will provide the City of La Quinta an average of 40 "billable hours° per month at a reduced agency hourly rate of $85/hour. Description Est. Hours Estimate: Account Services 480.00 $ 40,800.00 TOTAL Total Estimated Hours: 480.00 Approvals: Client Date: $ 40,800.00 55. Td4t °F:wQ" COUNCIL/RDA MEETING DATE: May 2, 2000 Discussion of the Southeast Annexation Area RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: On February 7, 2000, Council Committee and staff met with the Torres Martinez Band of Indians to discuss annexation issues. Representatives from the Torres Martinez Band of Indians indicated they currently do not want to be annexed by the City of La Quinta. Currently, there are four sections of land generally south of Avenue 62 within the Annexation/Planning Area that are Indian land. The Thermal Community meeting was held that evening at the Coachella Valley High School and approximately 150 people attended. The issues raised are identified on Attachment 1. The major issues were grandfathering of uses, what can the City do for them, agricultural and equestrian uses. Most of the opposition was from the Thermal Community. The majority of the property owners west and south of the Airport supported the annexation. The large maps that were available at the meeting will be displayed at the Council meeting and will identify those properties in support, opposed to, and neutral based upon the meeting and written correspondence. '5'6 t C:\My Doc uments\WPD0CS\CCJH. Annexation. wpd There are property owners, (outside of the annexation area) north of Airport that have stated they are interested in annexing into the City. Staff is seeking City Council identification of the boundaries of annexation/sphere of influence and direction with regard to initiation of the process, filing of the applications, and pay the fees, or wait for the property owners within the identified boundaries to begin the process by filing petitions and paying the fees. The Sphere of Influence/Annexation process could take up to a year to process. Respectfully submitted, -ry Hyman mmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Thermal Community Meeting issues 561 C:\My Documents\WPDOCS\CCJH.Annexation.wpd A 2 ATTACHMENT 1 THERMAL COMMUNITY MEETING COACHELLA VALLEY HIGH SCHOOL FEBRUARY 7, 2000 Issues identified by the community: 1. No high density 2. Do not increase taxes 3. Right to use existing water wells 4. The area is better served by the County related to agricultural uses 5. Grandfather existing home businesses 6. Travel trailers storage on property retained 7. The County permits agricultural buildings with two open sides through the mail -in permit process 8. Grandfather all existing buildings 9. Are they forced to give up septic systems and go to sewers 10. Do you have to annex the entire area - can you annex part 11. Grandfather in parking of vehicles in backyards 12. Trailer parks without building permits 13. Farm labor parks 14. Garbage removal 15. Like freedom of living in the County 16. Are you going to change the way they live 17. Grandfather nursery on Avenue 58 18. All the city wants to do is zone the property for large homes 19. What are the benefits of coming into La Quinta 20. Equestrian zoning retained 21. How many horses can they have 22. Limit density 23. Agricultural uses should not be in the city 24. Who signed the letters of support 562 u04 DEPARTMENT REPORT: i'A ti5 OFTY�9 TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager0 DATE: May 2, 2000 RE: Department Report — Response(s) to Public Comment The following is the response to public comments made at the April 18, 2000 City Council meeting: 1. Ms. Betty Baskin, 79-865 Pecan Valley, of PGA West Master Homeowners Association, referenced a letter the Homeowners Association submitted requesting the elimination of the sidewalk adjacent to the equestrian/multi- purpose trail along Madison Street. Ms. Baskin felt the elimination of the sidewalk was needed in order to carry out the "shady lane" landscape concept of the area. • Staff has begun to look into the matter pursuant to City Council direction on April 18, 2000. The actual correspondence is contained in this agenda and will be considered by the Council at the May 2, 2000 meeting under "Written Correspondence." Staff will report back on this matter at the earliest time possible. 2. Ms. Loretta Duffey, 78-477 Calle Orense, thanked the City Council for their attention to the need for a wall at the Montero Estates. • No response was necessary. 56# DEPARTMENT REPORT: Titi�t 4 a(P Q944 MEMORANDUM To: Honorable Mayor and City Council From: Thomas P. Genovese City Manager �' J Date: May 2, 2000 Re: Status Report on Torres -Martinez Desert Cahuilla Indians Pending Legislation Staff inquired with Congresswoman Bono's Office on April 25, 2000 as to the status of potential settlement legislation to resolve outstanding issues involving the Torres -Martinez Desert Cahuilla Indians, the Federal Government and two Districts (i.e., CVWD and IID). Staff was advised that there is no new draft legislation available for review. Reportedly, however, Congresswoman Bono is contemplating new legislation in an effort to resolve outstanding legal issues. Congressman Sonny Bono sponsored H.R. 3640 to implement the settlement proposal in 1996. The matter was taken up in the Senate after House passage. At that time, Senator Feinstein asked for comment from the City on the matter and the City responded by sending correspondence dated October 2, 1996 (Attachment 1). The Torres -Martinez Indians requested that the City support revised legislation in 1997 to address this issue. The City responded to that request via a letter dated June 18, 1997 stating that the City "... continues to urge . .. that the legislation be drafted to exclude properties within the City of La Quinta from the Primary Acquisition Area and ensure that the City has veto power over proposed acquisitions within the City's Sphere of Influence..." (Attachment 2). The Torres -Martinez Indians have requested a letter of support again this year for proposed legislation to implement a settlement proposal (Attachment 3). The City of Cathedral City has sent correspondence to Congresswoman Bono requesting that she postpone introduction of her bill until there ". . is sufficient time for the valley's cities to discuss this very important issue." 5�� (Attachment 4). The City of Indian Wells has sent correspondence to Congresswoman Bono indicating that the Indian Wells City Council ". . .is strongly opposed to any legislation that would allow an Indian Tribe to purchase land outside of its traditional reservation unless it is subject to state and local laws." (Attachment 5). The Tribe responded to the City of Indian Wells in correspondence dated April 11, 2000 (Attachment 6). It should also be noted that the Cabazon Band of Mission Indians have also advised Congresswoman Bono of their concerns about the proposed legislation (Attachment 7). The City of Coachella and the San Manuel Band of Mission Indians have sent letters to Congresswoman Bono in support of the proposed legislation (Attachments 8 and 9). Congresswoman Bono's staff indicated to City staff that the new legislation under consideration would restrict gaming activities to an area "south of Dillon Road" and would contain language to grant cities "veto power". No map or language was available for distribution as of April 25, 2000. CVAG has heard presentations from Torres -Martinez and Cabazon representatives regarding the proposed legislation and is prepared to facilitate a special meeting to review the legislation. Ms. Corky Larson indicates that CVAG intends to coordinate with Congresswoman Bono's Office in pursuing this meeting. 5635 0U`2 T4tit 4 *�'P QuiRm ATTACHMENT 1 78-495 CALLE TAMPICO -- LA OUINTA, CALIFORNIA 92253 - (619) 777-7000 FAX (619) 777-7101 October 2, 1996 Honorable Senator Dianne Feinstein 331 Hart Building Washington, D.C. 20510 Dear Senator Feinstein: The City of La Quinta has received your letter of September 10, 1996 regarding pending legislation ratifying the Torres -Martinez Settlement Agreement. This letter has been authorized by the City Council as a response to your inquiry. The City of La Quinta was contacted by Congressman Sonny Bono's Office earlier this year as this legislation was being drafted and considered in the U. S. House of Representatives. City staff advised Congressman Bono's staff that, as initially drafted, the Primary Acquisition Area included land within the City of La Quinta. Staff suggested that the legislation be amended to exclude City lands from the Primary Acquisition Area and grant La Quinta "veto power" over acquisition proposals within the City's "sphere of influence" (i.e., extending eastward to Monroe Street). Ultimately, as represented to the City, the legislation was amended to grant virtual veto power to Cities over acquisition of lands within their physical boundaries (not their spheres of influence) irrespective of whether these lands were in the Primary or Secondary Acquisition Area. This change partially addressed concerns cited by City staff. The City of La Quinta recognizes that the Settlement Agreement attempts to settle historic claims and litigation and has been the subject of much discussion, debate and negotiation. While, from the City's perspective, the agreement might be improved to better protect local land use authority, the City 'recognizes the existence of numerous other issues. The City has not been involved in the negotiations to resolve those issues. Thus, rather than pass judgment on the merits of the agreement as a whole, City staff has simply attempted to encourage changes such as those outlined above in an effort to better protect local interests and authority. 56u r. MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253 0 U" 4 Senator Feinstein October 2,1996 Page Two The City of La Quinta hopes that this letter is helpful to you in identifying local concerns and evaluating the Torres -Martinez Settlement Agreement. We appreciate your interest in our comments on this matter and your efforts in addressing the City's concerns. Thank you. Sincerel , Thomas P. Genovese City Manager c: City Council 0135 ATTACHMENT 2 78-496 CALLE TAMPICO - LA QUINTA, CALIFORNIA 92253 - (619) 777-7000 FAX (619) 777-7101 June 18, 1997 Mr. Art Lopez Tribal Chairman The Torres Martinez Desert Cahuilla Indians 66-725 Martinez Road P.O. Box 1160 Thermal, CA 92274 Dear Mr. Lopez, The City of La Quinta is in receipt of your correspondence dated May 23 and June 6, 1997 requesting the City's support for re -introduction of legislation intending to implement the Torres Martinez Settlement proposal. This letter has been authorized by the City Council of La Quinta as a response to your inquiry. As you may know, the City reviewed HR 3640 last year and submitted correspondence at that time to Senator Dianne Feinstein itemizing certain concerns regarding the impact of that legislation on La Quinta (attached). As stated in that letter, the City recognizes the historic difficulty that affected parties have had in attaining a resolution to this matter. Not having been a party to the negotiations, however, the City of La Quinta is not in a position to pass judgment on the merits of the agreement in its entirety. The City continues to urge, however, that the • legislation be drafted to exclude properties within the City of La Quinta from the Primary Acquisition Area and ensure that the City has veto power over proposed acquisitions within the City's Sphere of Influence (i.e., extending eastward to Monroe Street). Thank you for the opportunity to comment on the Torres Martinez settlement proposal. We look forward to seeing the legislation once it has been drafted. Good luck in your efforts to bring this matter to closure. Sincerely, �v lz��/JIlz Thomas P. Genovese City Manager c: City Council 56S 1� MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 ■ 006 04/11/2000 09:34 7603978146 TORRES WTIWZ DESE PAGE 02 ATTACHMENT 3 ****suggested letter from CITY OF LA QUIIQTA***** [City letterhead) April _, 2000 The Honorable Mary Bono United States Souse of Representatives 516 Cannon House Building Washington, DC 20515 g Torres-Martinar Desert Cahuilla Indian& aettleeant__ASXgg=nt Dear Congressman Bono: The City of La Quints supports your of forts to anaet legislation which would implement a Settlement Agreme►nt between the federal, Government, Coachella Valley Water District, the imperial Irrigation District and the Torres -Martinez Desert Cabuille Indians (Tribe), settling pending litigation over the flooding of a substantial part of the Tribe's Reservation lands by the Salton Sea. we understand that you intend to introduce a new settlement bill which is identical to the one which passed the Mouse in 1996 (A.R. 3640), except that your new bill is more restrictive as to where the Tribe may engage in gaRi.ng. That is, whereas B.R. 3640 allowed the Tribe a gaming site anywn&ro in the Valley up nearly to cathedral City, your new bill would restrict gaming to an area. south and east of Dillon Road. We further understand that this new gaminq restriction adopts a September 27, 1996 amendment ("First Modification") to the settlement Agreement, and that the Dillon Road gaming restriction was nadd by the parties to the settlement Agreement at the request of the Cabazon Tribe and the Marriott Corporation. We also understand that the Marriott corporation remains satisfied with the Dillon Road gazing restriction, although the cabazon Tribe now wishes to further restrict Torres -Mart ilne2 gaming to an area below Airport Road. sased on the foregoing understandings, the City of La Quinta strongly supports your new Torres-Martines settlement bill. We wish YOU every success with what we believe is very important legislation for the Torres -Martinez Tribe and the Coachella valley. 000 OM"ON sincerely, John Pena mayor 9d184Em5L 1- m I -i-iO I d-i wm,33ll 5�n :3 007 Z£:P1 00i01/P0 04/11/2000 09:34 7603978146 TORRES MARTINEZ DESE PAGE 03 .s FIRST MODIFICATION TO A "EMENT Pursuant to the modification provisions in Section YII(b) of the original AGREEC41M. OF COMPROt4ISR AND SET LEMNNT CONC$itl n;G CLAIMS TO LANDS OF TEE UNITED STATLS WITHIN AND ON THE PER2M8TER OF MM 9ALTQN sm DRAINAGt RESFRvoIR HzLD IN TRUST FOR THE TORRRS-MA+tTZNEZ INDIANS, dated JLne 10, 1996 (hereinafter `Agreement'), the undersigned representatives of all parties to said Agreemert hereby agree to the following modification to maid Agreement: After Section vII(a)(4) of the Agreement, at page 21 thereof, the fallowing new section vxI(a)(5) shall be inserted as follows (5) notwithstanding any other provision of this Agreemment, the Tribe shall not exercise its right to conduct gaming within the Secondary Acquisition Area under this Agreement on any site located northwest of a straight line running along the center of Dillon Road and extending to the northeast and southwest from the ends of Dillon Road, as graphically depicted on the map attached hereto ss Exhibit A and hereby incorporated by reference herein.` (1) J ' 0 M1 106 0'J 9S Z BL5 9 x r a an .,r:7 Naa��nn t� : n t r c� �n r : +.re ,4 .04/11/2000 09:34 7603978146 Taz*- MARTIhEZ DESE PACE 04 r t FIRST MODIFICATION TO AGRE$14SNT DATED: Soptember 27 1996 DAT20: September 27. 1996 DATED: September 27. , 1996 DATED: S4—/h hor o _ T; 1996 DATED: a,,_, 1996 (2) UNITED STATES OF AMICA By UNITED STATES OF AMBRICA By TORRBS-MARTIN DESART mu ILIA INDIAa SYNil IMPSR IRR�:ATION DISTRICT 8y COACHES VALLEY WATT 1 d ui '*4'1 r.i�aa " ^ems �.���- , i e _ ... i/►= _' � 'r.' - - - - lowr C 117 _. 4 d` •� MEN■� ,r p ■1 la— , ��re • I loulow Jim '�v •-a� � ��.` Ivy �A4'= "` _'� �� � � :L - Rk, 11 Na "ter N—l'r :-'• ;', .�'` -0 �,�, '.4� L = .r . yV • MMM IAM ,s4 • !!ti ��►'14:�i:Ir�L 'J.. i11fa1�� .. � '71 : r- �.. J...� ..�y Ilk - eft' 't ��ai '��\ �{�' ��st► Ni 19 wit, YIN �'�'�: ''Pir�' y- `'��•!1w�it ..1J�� f■C�■CM'`�jr CIRRI Cri<< - :� 4 `wig: " 5� 1 � ._ . � � • LLi = f ` �5.�; 9 SENT BY:CITY MANAGER ; 4-12- 0 ; 17:25 ; CATHEDRAL CITY HALL April 11, 2000 Honorable Mary Bono Member of Congress 517 Cttanon House BAling Washington, T10 20510 cw wo 760 777 7101:# 1/ 2 ATTACHMENT 4 llear Congresswoman Bono, Over the past week, we have become aware of your desire to introduce legislation that would provide a final settlement for the Torres -Martinez Desert Cahuilla Indians. This legislation would resolve the outstanding issues relating to the Tribe's loss of land, when the Salton Sea was created We are encouraged that the 'Torres -Martinez might finally be compensated for the flooding of their historic tribal lands. 1Towever, we do have concerns that this bill might he to similar to IM640 and allow the Tribe to "leapfrog" over other jurisdictions, both municipal and tribal, purchase the land and then place the acquired land into trust. This is especially disconcerting; if the purpose of the acquisition would be to allow expanded gaming opportunities. It would seem that this would subvert the intent of the recently enacted Proposition IA. We would encourage you to postpone the introduction or your hill until there is sufficient time for the valley's cities to discuss this very important issue. We will be very happy to join with you and any other interested parties, in any meetings to help address the need of the Torres -Martinez. 573 68-700 AVENIDA LALO GUERRERO • CATHEDRAL CRY, CA 92234 • 760/770-0340 • FAX: 760/202-1460 64-12-60 16:37 RECEIVED FROM:7697760399 P.61 Oil SENT By. CITY MANAGER 4-12- 0 : 17:29 : CATH®RAL CITY HALL.- 760 777 71014 2/ 2 Thank you for your consideration of our concerns. Please feel free to contact us should you have any questions. Best wishes, C'y Ahiy Mayor ath een DeRosa C ouncilmember 4'arah�Dizandi Mayor Pro Tern Robert Gomer CDuncibrember S is Cc A9L cc: Senator Dianne Feinstein Senator Barbara Boxer City of Coachella City of Desert Hot Springs City of Indian Wells City of Indio City of u Quinta City of Palm Desert City of Palm Springs City of Rambo Mirage County ofRivemide, Roy Wilson Torres Martinez Desert Cahuilla IndW s, Mary Belardo 04-12-00 16:38 RECEIVED FROM:7687798399 P..82 012 INDIAN 4E1_LS a ira CITY Yi - INMAN swae t+O wM! IS r� April 6, 2000 Honorable Mary Bono United States House of Representatives 517 Cannon House Office Building Washington, DC 20510 Dear Representative Bono: ATTACHMENT 5 We have been informed that you will be introducing Torres -Martinez Desert Cahuilla Indians land settlement legislation similar to HR3640 of the 104"' Congress. We applaud your efforts to resolve the settlement issue, and we support restitution for the Tones -Martinez land loss due to the inundation by the Salton Sea. However, the Indian Wells City Council is strongly opposed to any legislation that would allow an Indian Tribe to purchase land outside of its traditional reservation unless it is subject to state and local laws. Even if such legislation is permissive, requiring the consent of an affected city, it still puts such a city at risk if the legislation does not also provide that any acquisitions must be subject to legally binding and enforceable agreements entered into as a condition of the city`s approval of the trust acquisition. We have been advised that the Department of Justice is attempting to use. expanded gaming as a substitute for monetary restitution. We believe that the Department of Justice should not use gaming as a substitute for monetary restitution, if it means jeopardizing a city's ability to enforce its laws within its incorporated boundaries. Thank you for considering our position. If you have any questions of me concerning this issue, I would be pleased to discuss the matter further with you or you staff at your convenience. Sincerely, r PERCY L. BYRD- Mayor PLB:da i / 44-950 Eldorado Drive •Indian Wells • California • 92210-7497 (760) 346-2489 9 FAX (760) 346-0407 hap://www.ci.ind,w)-weuLcalm ciindw)•weuLcalm 04-07-00 16:38' RECEIVED FROM:760 346 2489 P.02 013 I 760 346 2489 P.03/03 cc: Senator Diane Feinstein Senator Barbara Boxer City of Cathedral City City of Coachella City of Desert Hot Springs City of Indian Wells Cfty of Indio City .of La Quinta City of Palm Desert City of Palm Springs City of Rancho Mirage Chairperson Mary Belardo, Torres Martinez Cahuilla Indians 5 �E 014 04-07-00 15:38 RECEIVED FROM:760 345 2489 TOTAL P.03 .P . 93 04/12/2000 11:49 7603978146 TORRES MARTINEZ I TORM MARTI = itF-=VA710N ATTACHMENT 6 THE TORRES MARTINEZ DESERT CAHUT LLA 66-725 Martinez Road • P.O. Box 1160 Thermal, CA 92274 760-397-0300 • FAX 760-397-8146 VIA FAX AND REGULAR MAIL Honorable Peny L. Byrd, Mayor City of Indian Wells 44-950 Eldorado Drive Indian wens, CA 92210-7497 FAX 760-346.0407 Dear Mayor ]Byrd: April 11, 2000 We have just received a copy of your April 6, 2000 letter to Representative Bono opposing new legislation to implement my Tribe's settlement agreement with the federal Govemmaemt and the two irrigation Districts (CVWD and IID). We are surprised and disappointed that you have chosen to take a public position against our sademmt legislation, without at least doing us the courtesy of discussing this very ivatpartant matter with us. The proposed legislation is identical to H.R. 3640 as passed by the House in 1996, with one v=ption: the new Bono bill is more protective of your City. Under H.R. 3640, tray Tribe could have acquired a Sowing site anywhere in the Valley treacly up to Cathedral City, in a large area including the City of Indian Wells. Under the stew bill, my Tribe mist restrict any gaming to a small ales east and south of Dillon Road This new "Dillon Road gaming lime" eliminates any possibility drat your City will ever be presented with a proposed Indian gaming site, since the City of Indian Wells is west and north of the new "Dillon. Road gaming line." It is true that — w actly like H.R. 3640 — the new bill would still allow my Tribe to acquire a maximm of 640 acres of (trust) land within your City boundaries for ncm� +n— TM++ However — exacdy like FM 3640 — the new bill would give your City an absolute veto power over any such land acquisition. Under the new bill (and the Settlement Agreement which the bill would vnplement) the Sony of the Interior must gave your City advance notice of any proposed trust land acquisition within your boundaries, after which the City has a 60-day period to notify the S=c aty m writing of the City's objection. There is no requireromt that the City provide any justification for its objection, which maybe for arty or no reason- J r 77 In light of the City's absolute veto power over any trust land acquisition within City boundaries -- coupled with the new bi11's ' limitation of gaming to an area (below Dillon Road) which excludes the City of Indian Wells — we tail to and nd how your City is "put at risk" by the new and more restrictive legislation proposed by Repime native Bono. 1f 04/12/2000 11:49 7603978146 TORRES MARTi EZ DESE PAGE 03 your City does not want to deal with potential problems associated with new Indian trust lands within your bouoda:ies, all you have to do is say "no." On behalf of my Tnbe, I can assure you that we have no desire to go wbaV we Are not wanted In the event that you will feel "at risk" despite your CWs absolute veto power, my Tribe is willing to go fiatbar to allay your fears. If you so desire, we wdl ask Representative Sono to insert in the new bill additioval lmngwW explicitly excluding the City of Indian Wells from any hug land acquisition for any purpose. We assume such an e m plicit exclusion of your City from trust land acquisitioAs would eliminate any possible objections you might have to the now bill, sium trust land acquisitions comprise the only part of the bill which could in any way affect the City of Indian Welk Please respond irrtinnediately as to whether you wish to have the City of Indian Wells specifically excluded from the land acquisition provisions of the new bill. Particularly in light of the November federal elections,. it is vital that the bill be introduced and moved forward without delay. We need your input on the bill now. Thank you for your kind consideration We look forward to your reply. cc* Repres=WAive Mary Bono Senator Dine Feinstein Senator Barbara Boxy City of Cathedral City City of Coachella City of Desert Hot Springs City of Indio_...�— City of La Quints City of Palm Desert City ofPalm Springs City of Rancho Mirage Coachella Valley Water District Imperial Irrigation District 578 616 Apr-24-00 02:13P CoachellaValleyAssocOfGov 760 340 5949 P.02 ATTACHMENT 7 April 3, 2000 Honorable Mary Bono U. S. House of Repremuntives 516 Cannon House Office Building wasIxingtoa DC 2%10 Dear Representative Bono: Thank you for Ukixng the time to meet with Cabazon representatives last week in washi� DC regarding your y proposed Tarts Martine' Desert Cahu lla bndians settleznexut legislation it is our understanding that your bill will be Intx+oduced to the House Resources Committee this month. We also appreciate your efforts to mediate this issue between our respective tribes_ This letter wM memorialize the March 3r meeW% between you your sLik Cabazon and Torres -Martinez in Palm Sp oSs. Please note: that Cabazon has been proactive in trying to assist Torres-Mm6nez and d at our respective tribes have met five times at the Cabayon reservation in an ongoing effort to reach a compron-O se on tine legislation. It is important that we reiterate our concerns about the newly proposed legislation. For the record, Cabazon fully supports complete restit+xtion for the Torres-Maxtisez land loss due to inundation by the Salton Sea. we did not support the previous bill OM 3640) in the 10e Congress and do not support the legislation as cumndy drafted for the same reasons, • Your bill would clearly violate the tribal sovereipty and encroach on the traditional jurisdictional territorm of Cabazon Band of Mission Indians and Twenty-Num Palms Band of Mission Indians by allowing Torres -Martinez Ba►ad of Desert Cahuilla hu hans to purchase land for gaming and ecmomnit development purposes outside of their traditionnal jurisdictiaat • Your bM would be a ci ear violation of the Indian Gaming Regulatory Act of 1988, by allowmg Tbr w4Aartinm to bury reservation land outside its traditional lands thereby mampulating that law and circuxnventing IGRA to benefit Torres -Martinez' business paAna Full House Aakq c and its wealft m"diades- • Cabazon believes that the Depwt =nt of jus doe should not we gaming as a substitute for monetary resiitutian. Rather than supporting engagement by the Depaxmmenl s of justice and rutexior in trading fi ancial obligations for -of3f-site 5 7 9 cau ios, we hope you will use your leaderslup to include all affected jurisdictitms in a px+omtute to compe i abe the Tornes•Mart+aez hibe. 84--245 INDPO SPRINGS PARKWAY • INDIO. CAUFORNIA 92203-3499 - (760} 342-2593 FAX (7M 347-78W 017 04-24-00 13:13 RECEIVED FROM:760 340 5949 P-02 Apr-24-00 02:13P COachellaValleyAssocOfGov 760 340 5949 P.03 Honorable Mary Bono .2- April 3, 2WO • Our local governments, GoveMOK Gray naves, Attorney General Bill Lock er and State legislators were supportive of propositions 5 and IA_ Those initiatives restricted gamulxtg to traditional reftmations. This legislation would negate that promause and have a severe 'iwpact on dig fifty plus compacts that have yet to be ratified by the Department of terior. • Congress has the respombility to honor and balance its comanitinents to tribes they have wronged while protecting rneighboring Imes and mautt dr ing and preserving the historical treaty .rights of dwse tries. The Cabazons support a revised legislative bill gmtirg the Torres -Marl= tribe the to Purdutse land for trust purposes as long as it remains under traditional jurisdictional bou daim mid believe dus approach with ut reased compensation can tewive the support of all affected coumw tffies. While the Torm-Martinez tribe once had limited opportunities, the e=orrut climate of the area that includes its reaftvationhasimproved considerably through the desigmam of the federal empowerment and state enterprise zaim, the completion of Highway 86 and the expansion of the MiMart Air T.,a Quinta Airport in.11wroml. That* you for your attention to our concerns. Cabazon is prepared to move forward, with support of Toures-Martinez le&lation tint preserves the historical and traditional jurisdictians and sovereignty of all Affected tnl3m. J A. )amen arc i3� Tribal Chairman 2°d Vice C'Ax &n—,an JAJMB/sp cc Chairperson Mary Belardo, Torres -Martinez Lynn Cutler, The White I -louse Kevin Gover, Department of Interior Senator Dunes Fefnstem Senator Barbara, Boxer Senator Ben )q1& horse Campbell Senator Daniel lErwuye Senator Byror+ Dorgan Representative Dan Young tative George er ' 1 Valley Association of Gov minents 580 64-24-60 13:14 RECEIVED FROM:766 340 5949 P.03 018 Apr-24-00 02:14P CoaczhallaVallayAssocOf6ov 760 340 5949 P.04 April 2000 Bono Legislation Is On Wrong Track Surely few individuals would question the role of the United Nations in a coirrplex world where different cul- tures have different resources. different lifestyles and dif- ferent needs- While we go about our clay -today lives. the Unit xl Nations goes about the business of ensuring th:u its marriber nations are heard and their positions consid- ered before actions occtn• that affect them. So it should be that citizens of our own country can trust that government -to -government relationships within its borders remain intact, In this context, the CRbazon Band of Mission Indians is vehemently opposed to legislation proposed by U.S. Rep. Mary Bono. No iuuttcr how well intentioned, Cabazon officials believe Congresswoman Rono's legislation to compen- sate the Torres -Martinez Desert Cahuilla Indians for loss of reservation land caused by the flooding of the Salton Sea is the early 1900s is tuisdirected. The Cabazon tribe supports additional financial compensation to [be Tmres- Martinez tribe, but believes tic proposed legislatim would coerce Congress to circumvent its consultation, trust and federal !fiduciary obligations to protect all affected tribal governments. "The Cal=on Band of Mission Indians believes in fair compensation for the Torres -Martinez tribe." said Cabazon Chairman John James. "However. all tribes must maintain the integrity of their compacts negoduted with the State of California and Governor Gray Davis. We be- lieve that the Department of Justice should not have: the ability to cripple the integrity of the Indian Gaming Regu- latory Act of ,1988 by circumventing its trust responsibil- ity to the Tones -Martinez tribe and having at negative impact on tribal, stare, county and local governments." Congresswoman Bono has prepared to reintroduce the identical legislation o r behalf of the Torres -Martinez tribe that suffered defeat three years ago in the United States Senate. The ptuposvd legislation would permit the Torres - Martinez tribe to buy land some 35 miles from its tradi- tional reservation boundaries for a casino. "The Cabazon tribe believes that the 'leapfrog' por- tion of the bill is inequiiabie and flies in the face of tho Indian Gaining RaguUtory Act,- said Patrick Schoonover, Cabazon Leal Affairs Director. 'In November, our tribal leaders learned that Congmmoman Bono would rein- troduce the land settlement legislation arrd thus matt with Torres--M"tez trial_ leaders. The Cabazon tribe offered to actively advocate in Washitrgton on behalf of the Toms - Martinez tribe for passage of settlement legislation. How- ever. the Cabazons are opposed to llanguage in the bill that perrnits the tribe to leapfnpg across 11 jurisdictions, 'Rust Responsibility includes, but is nor limited to, the following: protection of tribal treaty rigius and other federally recognised and msearved rights and concerns; advancing the inttxcstc of the beneficiary American Indian and Alaska Native nations; determining, docurn rat- ing. notifying and intkractinx with tribal gov- ernments with regard to the i mpact of programs. policies and regulations so as to protectAlueri- can Indian and Alaska Native traditional and cultural lifeways, natural resources, trraty and other iedera.Uy recognized and reserved rights. Fedexal Consultation includes, but is not limited to rho following, prior to taking any actions through mutually agreed protocols, pro- viding to American Indians and Alaska Native nations timely communication, coordination, cooperation and collaboration to detarmino the impact on traditional and cultural lifeways. natural resources. treaty and other fedmily re- served rights: involving appropriates tribal offi- cials and representatives throughout the deci- sion -making process, including tine final deci- sion and action implementation, consistent with a government -to -government relationship. including traditional reservation land$ of two other tribes (the Cabazons and the Twenty -Nine Palms Band of Mis- sion Indians)." The Cabazons support a revised legislative bill grant- ing the Tomes- Martinez tribe the right to purchasn latui for trust purposes as long as it xwuains under traditional jurisdictional boundaries and behove this approach with increased compensation can receive the support of all af- fected communities. While the Torres -Martinez tribe once had limited op- poitunities, the economic climate of the area that includes its reservation bus ixoprovod considerably through the designation of the federal empowerment and scare cater - prise zones, the completion of Highway 86 and the ex- pansion of the Million Air La Quintx Airport in Thertnttl. Rather chart support engagement by the Departments of Justice and Interiorin trading financial obligations for "of - site" casinos. we hope Rep. Bono will be convinced to use her learship to include all affected jurisdictions in a procedure to compensate the Torres -Martinez tribe. 04-24-60 `�1 13:14 RECEIVED FROM:760 340 5949 -L P•04 Apr-24-00 02:15P CoachellaValleyAssocOfGov 760 340 5949 P.05 POSITION PAPER OF THE CABAZON BAND Or MISSION INDIANS IN OPPOSITION TO PROPOSED TORRES-MA_RSINI;Z SETTLEMENT LEG15LATION The Cab32on Band of Mission Indians strongly believes that the Torres. Martinez Band of Desert Cahvitla Indians should be fully and fairly compensated for the loss of Tones -Martinez tribal lands resulting from the inundation of those lands by the Salton Sea. At the sane time, however, the Cabazon Band cannot support a proposed legislative solution that violates federal law and policy s od would erode the Cabazon Band's own territorial jurisdiction and tribal sovereignty. As a result, the Cabawn Band must oppose the proposed Tomes -Martinez settlement legislation for the following resWolS' 1. The Bill is Contrary- t9 BMircments of the 1988 Indian s�,mung RegulM Act - In 1987, the U- S. Supreme Court upheld the right of the Cxbazon Band, and other Indian Tribes, to conduct certain gaming activities on their reservations fine from state authority. Calithmia v. t �2jn Band of Mission In ' s 480 U.S. 202 (1987). One year later, Congress enacted the Indian Gaming Regnulatory Act, 25 U.S.C. § 2701 et sN. ("IGR.A"). Section 2719 of IG A generally prohibits Indian tribes from conducting gaming activities on lands that were acquired by a true after October, 1998, except in certain specified ciwumstattces. One such exception is set forth at 12719(bx1)(A). That subsection provides that tribal gaming on such "after aegtured lands" is permissible only if (i) the Secretary of the Interior determines that gaming would be in the best interest of the sponsoring tribe and would not be detrimental to the surrounding community, (ii) that C;�WINDb'P151TEMr'1Pa�� t'�Pa-7d►r�-p4gd11vt1.tb� 04-24-00 13: 15 RECEIVED FROM: 760 349 5949 P . 05� Apr-24-00 O2:15P CoachellaValleyAssocOfGov 760 340 5949 P.O6 determination is made after consulting with, among others, state and local officials and "other ncadby Indian L*cs;" and (iii) the Governor of rite State concurs in the Secraary's determination. Thin., existing law roquires the Sccrttuy to conduct a carcful, fnat- specific analysis involving consultation witb otber local Indian tribes, and to obtain the agm:memt of the Govamwr of the state, before such off -reservation land can be put in trust for Prning purposes.' Because of these strict requirewmts, only a handful of such requests have boon approved in the twelve years sil= IGRA was passed. The Proposed Toners -Martinez legislation would short-circuit this statutory process, and would set a dangerous precedcM by mandating that the Torres - Martinez Band would be allowed to establish a casino on newly -acquired lands many miles from its existing rescnv4tioa (and as discussed below, within the traditional territory of the Cabazon Band and other Indian tribes) without the regtdremesnts that the Secretary consult with affected state and local officials and ne:ighboting Indian tubes, or obtain the concatrenee of Governor Gray Davis. The consultation and concurrence requirements of §2719(b)(l)(A) have beret incorporated into Bureau of Indian Affairs regulations that are requimd to be followed with respect to any tribal request to take oEl rerervation, "after acquired l<-urds" into trust for gaming purposes. 25 CFR part 151. These regulations, like their statutory counterparm, arc designod to ensure that all uEttiod parties, including other local Indian tribes, have meaningful input into the administrative decision. in addition, these ' The regdre amt dist the Go►rehwr concur is the Seeret.ry's dtWmination w" Wkld at lawful in fsdmtwd TAbg RLU= indigo 9f Querny U. , 110 FA 699 (90' Cir. 1997), r eat demo t l a S-Q. 675 {i998). C-1WINDOMMTEMPO"dw FMw-Twm* AArdoai.j" 2 04-24-00 13:15 RECEIVED FROM:766 349 5949 Apr-24-00 02:15P CoachellaValleyAssocOIGov 760 340 5949 P.O7 rcgulations also provide an aggrieved party the opportunity to appeal the Scer+etary's decision approving the request to take land into trust. ,Set 25 CFR §131.12(b)(1999j 2 The proposed legislation would, then, eliminate the important consultation and concurrence requirements of IGRA as well as the appeal rights contained in the BIA's regulations. This circumvention of existing fodaral law and regulation would violate the rights of the Cabazon Band of Mission Indima as well as other neighboring Indian tribes, all of whom would be edvtody affected by legislation giving the Torres - Martinez Bawl special rights not avaalabla under existing law. 2. T e! pEMj i LsgWatiom is Inconsiatent with Pfoposition 1A_ At; Apgegved by Califs Min Voters on Mandl 7. 2M. Last month, 65% of California voters approved Proposition 1A, the Indian Self-Relianee Amendmmt_ That initiative, supported by most California Indian Tribes, Governor Gray Davis, Attorney General Bill Lockyer and overwhelming majorities of moth houses of line California i.egWature, finally resolvtad the twenty-ycarr-old debate about Indian gaming in California by approving tribal .stare compacts between the State and 58 Indian tribes, including tale Cabazon Band. The proposed Tores,-Martitncz legislation, which could allow the tribe to establish a casino many miles from its existing reservation, is inconsistent with the newly approved California compacts, Those compacts, for tribes that were not operating gwx6ng facilities on September 1, 1999, include a provision in tho Prow-rible that the tribe, if it seeks to establish a new facility, will "develop and operate a gaming facility offering Class III galling activities = its reservation land ... " (Emphasis added). In addition, s This pwision to allow judicial rcvicw of the Sawatay's decision was added to the regulations attar a fedonl court of sippcs6 held dw the Setxetary's power to take land into trust raight be uncoomitutional G�w>rtnOvv3lTEMttr'oe�:tM t►ape...Toaw-M�ninear.0ao 3 s 04-24-00 13:16 RECEIVED FROM:760 340 5949 58,j P • 07� Apr-24-00 02:16P CoachellaValleyAssocOffGaw 760 340 5949 P_O8 the compact includes another provision, Section 4.2, that restricts tribal Minos to "iadian lands on whicb gaming may be lawfully conducted under the Indian Gaming Regulatory Act." The promise that California Wian tribes made to the State, local govenunettts and the people of California was that if Cr1MUOd, Proposition IA would iitnit tribal pining in the state to existing reservations This was the agreement that the gibes collectively struck with Gov-mor Davis in the compacts fty signed with hire, and which have been approvtd by the State Legislat m The Torres -Martinez legislation would break that promise and violate that aVmcrnew. As a resulk th ere is serious doubt Whedler the Stan of California would be required to enter into a compact with the Torres -Martinez Bead for a proposed casino males from its existing reswvation. Passage of the proposed legislation, then, could re- ignite the Indian gaining controversy in California just when the State, its political Ieaders, its voters and 58 other Indian tribes, including the Cabazon Band, thought that the decades old problout had finally been resolved. 3. The PrMrps2_LeWiapon M[910 JgMmm1 ssibly Encroaeb cm lire Tribal 4o Mianty and the Ted Jurisdiction of the cabswn Band lWalba NeiMhboring Indian Tribes. Be ere embarking on the path set forth in the proposed Tortes -Martinez iegislation, decision-inak:ers might want to give some thought to what W turned out to be tbt most intact able Indian problem of the Twentieth (and now the Twenty -First) Ctntury: The Navajo -Hopi land dispute. Decades ago, Congress sought to solve one Indian problem without giving sufficient attmtion to the consequt MS of that "solution." -without such appeal dgbts..SaMb Dalmis v,Wiud States ft'Sojthe 1p actor. 69 Pad $78 (8'' Cir. IM), Kw AW 117 S. Ct 2$G (1996). C iW1rMW%tEMr^4:t Tapar -Tartu-Mansac Uix 4 585 04-24-00 13:15 RECEIVED FROM:750 340 5949 - 43 P-08 Apr-24-00 02:16P Coac:ha11aVa11ayAssocO-FGov 760 340 5949 P.O9 In that case, Congress created artificial boundaries for Navajo and Hopi families without taking into account the traditional homelands and jurisdictional tarritorics of those two m`bes. Today, decades and tens of millions of dollars later, that land dispute inadvertently created by Congress still rages. Similarly here, Congress bas the potential to create a major, unintended problem while seeking to solve a different problem. Simply stated, the proposed Torres - Martinez legislation would grant that tribe the authority to acquire lands for gaming and other commercial purposes outside of its traditional jurisdictional area but within the traditional jurisdictional area of the Cabazon Band, the Twenty -Niue Palms Band and other neighboring tribes. TLe attached map shows the location of existing r=vasion lands in the Coachella Valley, as well as the areas carararked for Torres -Martinez expansion under the proposed bill. As that tmp makes clear, the proposal would bring the Toaros- Martinez Band and its casinos well within the historic territories of the Cabazon and other tribes. While Congress may heve the power to do so, just as it had the "power" to create the resulting tragedy for ilte Navajo and Hopi Tribes, it should not do so. Instead, Congress has the tesponrstihility to balance itR commitment tD tribes that have been wronged with some maiuWning and pmservinb the rights of neighboring trues against unwarranted cncmachment into their traditional territories. The failure to maintain this balance, such as would occar with the passage of the proposed 'Torres -Martinez legislation, will curly Create serious and long lasting political, jurisdictional and economic disputes between and among the tribes of the Coachella Valley. C:1wIND0ZI?AtClPosiaoaPaper-Ternr#(areuc�l�toc V V G 5 0 4` 04-24-00 13:16 RECEIVED FROM:760 346 5949 P.09 Apr-24-00 02r16P 760 340 5949 P.10 i In summary, the Cabazon Bated of Mission Indians r000gnim that the Torres--Marth= Band should be compmated for the loss of its lands. Uc Proposed Legislation, however, is not a fair or effective solution, because it would disadwa nSc the Cabaz= Bawd and create serious inter-tri"bal friction within the Coachelta Valley. The '1 solution to the Torres -Martinez problem should not come at the expense of other neigbbonng Indian tribes. 597 6 04-24-00 13:17 RECEIVED FROM:750 340 5949 P-16 04n112000 11:34 7603978146 April 18, 2000 TARES MARTINET r]Pc;F PAGE 02 ATTACHMENT 8 RECEIVED .4±. r,. ,f'fa: 9b9•' � Wenr,`4 351 IS SE:•'"Ft 5'REF.7 COACHEL_A, --A 10223&, Z ; PE1;•S 1 Pair,e _ P.M",sUkS �98.sts.: FA• 181W :rOa-e717 '� �..:�.. »a•scroe Avcros:,or. 909 3`; :' Enpi�:Qwn!^V ~` Sor.ltar•. 'JO: .r. r (, ,�f G L E R �C'�. •5 The Honorable Mary Bono United States House of Representatives 516 Cannon House Building Washington, DC 20515 RE: Tor rMartinez Desert Cahuilla Lndians Settlement Agreement and Imulementing Leg' l<ation (new re9lrithd version of old HJL 36401 Dear Congresswoman: The City of Coachella supports your efforts to enact legislation which would implement a Settlement Agreement between the Federal Government, Coachella Valley Water District, the Imperial Irrigation District and the Torres -Martinez Desert Cahuilla Indians (Tribe), settling pending litigation over the flooding of a substantial part of the Tribe's Reservation lands by the Salton Sea. We understand that you intend to introduce a new settlement bill which is identical to the one which passed the House in 1996 (H.R. 3640), except that your new bill is more restrictive as to where the Tribe may engage in gaming,. That is, whereas H.R. 3640 allowed the Tribe a gauping site anywhere in the valley up nearly to Cathedral City, your new bill would restrict gaming to an area south and east of Dillon Road,. We further understand that this new gaming restriction adopts a September 27, 1996 amendment CTirst Modification") to the Settlement Agreement and that the Dillon Road gaming restriction was made by the parties to the Settlement Agreement at the request of the Cabazon Tribe and the Marriott Corporation. We also understand the Marriott Corporation remains satisfied with the Dillon Road gaming restriction, although the Cabazon Tribe now wishes to further restrict Torres -Martinez gaming to an area below Airport Road. Based on the foregoing understandings, the City of Coachella strongly supports your new Torres - Martinez settlement bill.. We wish you every success with what we believe is very important legislation for the Torres -Martinez Tribe and the Coachella Valley. Sin ely, via ont egro, Mayo ity of Coac ella Q�F 04/21/2000 11:34 7603978146 TORRES MARTINEZ DESE PAGE 03 ATTACHMENT 9 San Manuel Band of Mission Indians April 13, 2000 The Honorable Mary Bono United States Congress 516 Cannon House Office Building Washington, D.C. 20515 Re: Support of Torres -Martinez settlement legislation Dear Congresswoman Bono: On behalf of the San Manuel Band of Mission Indians, I am writing in support of the Torres -Martinez settlement legislation which I understand you are introducing in the current session of Congress; 1 am informed that your new bill is identical to H.R. 3640 as passed by the House in 1996, except that y.ow new bill further restricts the area in which Torres-Martinez;could acquire a gaming site. On Augur 9r I996 our tribal Chairman Henry Duro expressed to Congressman Sormy Bono our support,sgf H. R. 3640. 1 now wish to reaffirm our strong support of your more limited version of H.R. 3646, Thank you for your kind.atfenfion. The San Manuel Band of Mission Indians look forward to collaborating with you on this and future American Indian issues. Sincerely, Deron Marquez Chairman cc: Senator Boxer Senator Feinstein Congressman Baca ,/Mary Belardo, Torres -Martinez Chairperson 265241ndian Sin= 141 • Mgh&nd, CA 97346 • O)OCC: (909) 864-9933 • FAX (909) $64-3370 P.O. Boy 266 • Patton, rl q2;94 027 DEPARTMENT REPORT: 3 `A MAY 2 MAY 6 CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING MARION HENDERSON CITYWIDE CLEAN UP DAY MAY 10 JOINT MEETING OF CITY COUNCIL/PLANNING COMMISSION/ARCHITECTURAL & LANDSCAPE REVIEW COMMITTEE MAY 16 CITY COUNCIL MEETING MAY 23-25 ICSC CONFERENCE IN LAS VEGAS JUNE 6 CITY COUNCIL MEETING JUNE 20 CITY COUNCIL MEETING JULY 5 CITY COUNCIL MEETING JULY 18 CITY COUNCIL MEETING AUGUST 1 CITY COUNCIL MEETING AUGUST 15 CITY COUNCIL MEETING S10 SEPTEMBER 19 CITY COUNCIL MEETING SEPTEMBER 26 JOINT MEETING OF CITY COUNCIL AND ALL CITY COMMISSIONS/BOARDS/COMMITTEES 59-1 May 2000 Monthly Planner "WIIIIIIIIII allt 13 4 15 6 2:00 PM City 12:00 PM Marion Hender- Council Mayor's Lunch son Citywide Meeting Clean Up Day 7 18 11 i12 13 9 j10 110:00 AM CVAG 7:00 PM C.V. 19:00 AM RCTC- 12:00 PM Public Safety- Mosquito Pena Energy/Envi- Perkins Abate. -Perkins 5:30 PM Invest- Sniff 12:00 PM CVAG Transp-Perkins 7:00 PM Plan- ment Advisory 7:00 PM Cultural 7:00 PM Commu- ning Commis sion Meeting Board 7:00 PM Joint Arts Commission nity Services Commission City Council/ Planning Com- mission/ALRC Meeting 14. 15 16 117 18 �19 20 9:00 AM CVB i 3:30 PM Historici Henderson Preservation Mother's Day 2:00 PM City Commission Council I Meeting Ali 21 22 23 !24 25 26 27 i 2:30 PM RCTC 7:00 PM Plan- 112:00 PM CVAG Budget -Pena ning Commis- 1 Human/Com- sion Meeting Adolph 14:00 PM DRRA Airp-Henderson Vegas lG5C Conference in as 28 �29 30 131 i 6:00 PM CVAG- Exec Com-Pena April Ju June June S M T W T F S S M T WT IF S M T W T IF S 1 2 Memorial Day 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 4 5 6 7 8 9 10 5 6 7 8 9 1 0 17 7 11 12 13 14 15 16 17 Holiday 23 24 25 26 27 28 29 18 19 20 21 22 23 24 9 0 1 j 30 6 8 9 0 25 26 27 28 29 3 Printed by Calendar Creator Plus on 04/27/2000 59 ._ June 2000 Monthly Planner May July S M T W T F S S M T W T F S 1 2 3 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 21 22 23 24 25 26 27 23 24 25 26 27 28 29 28 29 30 31 30 31 4 5 6 7 8 9 10 2:00 PM City i 12:00 PM Council Energy/Envi- Meeting Sniff 7:00 PM Cultural ii i Arts Commission !I I 12 13 14 15 16 17 10:00 AM CVAG 7:00 PM C.V. 9:00 AM RCTC- 3:30 PM Historic Public Safety- Mosquito Pena Preservation Perkins Abate. -Perkins 1 5:30 PM Invest- Commission j 12:00 PM CVAG 7:00 PM Plan- ment Advisory Transp-Perkins 7:00 PM Commu- ning Commis- Board sion Meeting nity Services Commission 18 19 20 121 22 I23 24 9:00 AM CVB- '' Henderson Father's Day 2:00 PM City Council ! I Meeting I I i 25 26 27 28 29 30 2:30 PM RCTC 7:00 PM Plan- 12:00 PM CVAG j Budget -Pena ning Commis- Human/Com- 6:00 PM CVAG- sion Meeting Adolph Exec Com-Pena 4:00 PM DRRA Airp-Henderson Printed by Calendar Creator Plus on 04/27/2000 TWit 4 4a Qum& COUNCIL/RDA MEETING DATE: MAY 2, 2000 Public Hearing on Site Development Permit 2000-667, An Appeal of the Planning Commission Approval for Architectural and Landscaping Plans to Construct a One Story 6,600 Square Foot Commercial Pad Building East of Downey Savings, and Conceptual Approval of an Addition to Von's Supermarket, Located at the Southwest Corner of Highway 1 1 1 and Washington Street, Within Plaza La Quinta. Applicant: M&H Realty Partners RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Site Development Permit 2000-667, as recommended by the Planning Commission, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Appeal: The City Council, at its meeting of April 18, 2000, unanimously voted to appeal the Planning Commission approval of this request and call it up for review. Project History: The building site is part of Plaza La Quinta, a 131,040 square foot commercial shopping center originally developed in the early 1980's (Attachment 1). Two turfed vacant pad sites remain, one south of the Beer Hunter (Pad 7) and the subject site (Pad 59.1' p:\stan\sdp 2000-667 cc rpt.WPD 5), immediately east of Downey Savings adjacent to Highway 11 1 . In -season art shows have been held on the subject site for a number of years. Major tenants in the center include Von's Supermarket, The Beer Hunter, Beachside Cafe, and Downey Savings. Project Information: General Plan Land Use Designation: CC (Community Commercial with a Non -Residential Overlay) Zoning: CC (Community Commercial with a Non-residential Overlay) Surrounding Zoning/Land Uses: North: CC / vacant commercial land South: CC / part of Plaza La Quinta East: CC / part of Plaza La Quinta West: CC / part of Plaza La Quinta Environmental Consideration: The La Quinta Community Development Department has determined this application is Categorically Exempt pursuant to Section 15303, Class 3c, of the Guidelines for Implementation of the California Environmental Quality Act in that it is for structures in an urban area where all necessary public services and facilities are available and the mitigation measure regarding additional parking is being met. Architectural and Landscaping Review Committee (ALRC) Review: The ALRC reviewed this request at its meeting of March 1, 2000, and discussed Staff's recommendations to revise the south facade, add a tile roof mansard element, modify the storefront windows and doors to provide multi -paned windows with wood mullions, muntins, and frames on a stucco ledge, and match the centers colors, textures, materials, and construction techniques so as to provide design compatibility with the multi -tenant buildings within the center. The Committee unanimously adopted Minute Motion 2000-005, recommending approval, subject to conditions requiring architectural changes (Attachment 2). Project Request: Proposed is a multiple tenant commercial pad building with 6,600 square feet of floor area (Attachment 3). The building is set back 50 feet from Highway 1 1 1, as required 5 9 5 by the General Plan. The tenant entries face south towards the interior of the center. p:\stan\sdp 2000-667 cc rpt.WPD 0ti The building is one story (22 feet high) and will have a combination flat and sloped clay tile roof. The two towers at the southeast and southwest corners of the building have an intersecting tile gable roof. A portion of the back of each intersecting gable roof will be cutout to allow installation of a roof top air conditioner. The parapet (flat) walls will be topped with a decorative cornice treatment. Decorative quadrafoils are shown in the eave of each gable end. Multi -paned doors and windows on a stucco ledge are used. Facing Highway 1 1 1, a tile overhang which is an extension of the adjoining roof will be provided attached to the parapet wall above false windows covering utility room areas. Proposed exterior lighting will match that used in the shopping center. The building will utilize exterior plaster walls in two light colors to match those used in the center and a matching accent tile trim around the windows and several wall areas. The matching tile roof material will match the existing and be "mudded". The application includes a 9,287 square feet expansion to the east side of Von's Supermarket. Of this total, 4,444 square feet is new construction near the rear and 4,843 square feet is conversion of the three shop spaces adjacent to Von's Supermarket. The Planning Commission granted conceptual approval requiring exterior elevations for this addition to come back to the Planning Commission for approval under a Site Development Permit. A conceptual landscaping plan with a plant pallette has been submitted. The existing trees along the west perimeter will be removed, while those next to Highway 1 1 1 will be retained along with most of the turf. Plants materials include some of those used in the center, as well as others compatible in growth patterns, water needs, and appearance. The existing sign program for the center, which allows externally illuminated wood framed tile and wood hanging or wall mounted signs is to be used for the new building. Parking Provisions: In July, 1988, the Planning Commission granted approval to DSL Service Company, the center owner at the time, to convert four tenant spaces into one shop for Thrifty's Jr and remodel the exterior. A condition of approval was that a parking study based on City parking standards be prepared before further development of the two vacant pad sites (5 and 7). This was imposed because it did not appear that Riverside County, who approved the original project, required parking based on any particular requirements. The applicants have submitted a parking requirement study using the City's current zoning requirements. The applicants have stated that the vacant pad 7 south of the Beer Hunter will not be built on and is designated for 11 net parking spaces (Attachment 4). 59ci p:\stan\sdp 2000-667 cc rpt.WPD (� U1� A calculation of the parking required per Section 9.150.060 (Table 1502) of the Zoning Code for the center after the new building and Von's addition requires 578 parking spaces for the center. This number of spaces is based on the parking requirement for the existing use of each tenant space (office, retail, or medical office) in the center with a 20% allowance for restaurants. Proposed parking totals 597 spaces including five new spaces adjacent to the east side of the proposed building (after loss of two existing spaces on south side of new building), 11 new stalls south of the Beer Hunter (after loss of three existing spaces for access) on Pad 7 and striping for seven stalls behind Von's not presently used for parking. Therefore, the new spaces total 23 parking spaces. Pursuant to Section 9.150.060 D 1 of the Zoning Code, the applicant is providing off-street parking in excess of the minimum code requirements in order to assure adequate parking is provided. Public Notice: This Site Development Permit application was advertised in the Desert Sun newspaper on April 21, 2000. All property owners within 500 feet of the site and all tenants in the center were mailed a copy of the public hearing notice as required by the Zoning Ordinance of the La Quinta Municipal Code. As of this writing, no written comments have been received. Public Agency Review: All applicable agency comments received have been made part of the Conditions of Approval for this case. Planning Commission Review: The Planning Commission reviewed this request at its meetings of March 14, and April 11, 2000. At the first hearing, a number of tenants in the center spoke regarding the difficult parking situation in the east end of the center during the winter season. The Commission continued the application and directed the applicant to address a number of issues (Attachment 5). These include the building designs compatibility with the existing center, the sign program for the building, proposed uses in the new building, employee parking, and customer parking adequacy. At the April 11, hearing the applicant presented revised architectural drawings for the new building, plans for 15 additional spaces on the east side of the building and next to the Beer Hunter, and an employee parking program for the center. After discussion including continued concerns from tenants, the Commission (with Chairman Kirk absent) unanimously adopted Resolution 2000-012, approving this request, subject to the Findings and Conditions of Approval (Attachment 6). 597 p:\stan\sdp 2000-667 cc rpt.WPD 0J4 The Planning Commission approval includes a condition that the applicant implement a draft employee parking program requiring they park behind the center to the south (Attachment 7). Once this area fills up, alternate spaces are proposed adjacent to Highway 1 1 1 . Additional lighting at the rear is proposed to increase security. This program includes employee sticker or pass use and "20 minute parking" foe those spaces adjacent to the front of the main multi -tenant portion of the center. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Site Development Permit 2000-667, as recommended by the Planning Commission, subject to the Findings and Conditions of Approval; or 2. Do not approve Site Development Permit 2000-667; or 3. Provide staff with alternative direction. Respectfully submitted, �� (Z oJerr Herm ommunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. ALRC minutes for the meeting of March 1, 2000 3. Architectural Plans (for City Council only) 4. Parking plan for spaces south of Beer Hunter 5. Planning Commission minutes for meeting of March 14, 2000 6. Planning Commission minutes for meeting of April 11, 2000 7. Proposed Parking Program for employees 593 p:\stan\sdp 2000-667 cc rpt.WPD 005 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DEVELOPMENT PLANS FOR CONSTRUCTION OF A COMMERCIAL PAD BUILDING AND CONCEPTUAL PLAN FOR AN ADDITION TO VON'S SUPERMARKET WITHIN PLAZA LA QUINTA, SUBJECT TO CONDITIONS CASE NO.: SITE DEVELOPMENT PERMIT 2000-667 APPLICANT: M&H REALTY PARTNERS WHEREAS, the City Council of the City of La Quinta, California, did on the 2' day of May, 2000, hold a duly noticed Public Hearing to consider an appeal of a Planning Commission approval of a request of M&H REALTY PARTNERS to approve the construction plans for a 6,600 square foot commercial pad building and addition to Von's Supermarket, west of the southwest corner of Washington Street and Highway 1 1 1, within Plaza La Quinta more particularly described as: APN: 604-050-016, 009, 010, AND 013 WHEREAS, the Planning Commission on April 11 2000, at a regular meeting, adopted Resolution 2000-012, approving the architectural and landscaping plans for the new building and approving the conceptual plan for an addition to Von's Supermarket, subject to conditions; and, WHEREAS, the Architecture and Landscaping Review Committee, on March 1, 2000, at a regular meeting, adopted Minute Motion 2000-005, recommending approval of the architectural and landscaping plans for the new building, 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 find the following facts and reasons to justify approval of said Site Development Permit: 1. Consistency with the General Plan- The General Plan designates the project area as Community Commercial (with a Non -Residential Overlay). The proposed commercial building and addition is consistent with the commercial designation of the property. 2. Consistency with the Zoning Code The proposed commercial building is designed to comply with the Zoning Code requirements, including but not limited to the 50 foot setback from Highway 1 1 1, height limits, parking, lot coverage, and sign size. 599 p:\stan\sdp 2000-667 cc res.wpd V 0 6 Resolution 2000- Site Development Permit 2000-667 May 2, 2000 3. Compliance with CEQA- This application is categorically exempt pursuant to Section 15303, Class 3c, of the Guidelines for Implementation of the California Environmental Quality Act in that it is for structures each not exceeding 10,000 square feet in an urban area where all necessary public services and facilities are available and the mitigation measure regarding additional parking is being met. 4. Architectural Design- With the minor recommended changes, the design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with the surrounding development and with the quality of design prevalent in the city in that the building uses styles, .colors, and materials matching those used in the center. 5. Site Design- With the recommended changes, the site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city in that the site design complies with applicable site design requirements and is designed to be compatible with the center and surrounding neighborhood. The plan includes provisions for 16 new parking spaces in the most impacted area of the center. 6. Landscape Design- Project landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials has been designed so as to provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, provide an overall unifying influence, enhance the visual continuity of the project, and complement the surrounding project area, ensuring lower maintenance and water use. 7. Sign Program- With use of the existing sign program, the building will be consistent with the intent of the Zoning Code and be in harmony and visually related to the proposed building and surrounding Plaza La Quinta shopping center. 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; 600 uu7 p:\stan\sdp 2000-667 cc res.wpd Resolution 2000- Site Development Permit 2000-667 May 2, 2000 2. That it does hereby approve Site Development Permit 2000-667 for the reasons set forth in this Resolution, subject to the Conditions of Approval labeled Exhibit "A", attached hereto; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 2nd day of May, 2000, 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 HONEYWELL, City Attorney City of La Quinta, California VU8 601 p:\stan\sdp 2000-667 cc res.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2000-667 M&H REALTY PARTNERS MAY 2, 2000 EXHIBIT "A" GENERAL 1. The use of this site shall be in conformance with the approved exhibits contained in Site Development Permit 2000-667, unless otherwise amended by the following conditions. The site plan expansion of Von's Supermarket is conceptually approved. The plans for the exterior elevations shall be submitted to the Planning Commission for approval. 2. The approved Site Development Permit for the commercial pad building shall be used within one year of the date of approval; otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit. A time extension may be requested as permitted in the La Quinta Zoning Code Section 9.200.080. 3. 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. 4. Final architectural working drawings for the buildings, substantially conforming to this approval, including all revisions required by the permit shall be submitted to the Community Development Department for approval prior to issuance of a building permit by the Building and Safety Department. 5. 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 • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) p:\stan\sdp 2000-667 cc coa.Wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2000-667 M&H REALTY PARTNERS MAY 2, 2000 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. 6. All letters from utility or service agencies on file in the Community Development Department shall be complied with. FIRE MARSHAL 7. Provide or show there exists a water system for the residential units capable of delivering 1500 gpm for a 2 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 8. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2- 1/2" x 2-1/2") located not less than 25' or more than 165' from any portion of the buildings as measured along approved vehicular travel ways. 9. 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. 10. 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'. 1 1 . Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front within 50 feet of a hydrant and a minimum of 25 feet from the building. 12. Install a supervised water flow fire alarm system as required by the UBC/Riverside County Fire Department and National Fire Protection Standard 72. '" O V UL0 p:\stan\sdp 2000-667 cc coa.Wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2000-667 M&H REALTY PARTNERS MAY 2, 2000 13. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the fire department Planning and Engineering office for requirements. 14. Install Knox Key Lock boxes, Models 4400, 3200 or 1300, mounted per recommended standard of the Knox Company. 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. 15. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months of approval. 16. Final conditions will be addressed when the architectural building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. FEES 17. The applicant shall comply with the terms and requirements of the Development Impact Program in effect at the time of issuance of building permit. PUBLIC WORKS 18. The applicant/developer shall remove the existing asphalt handicapped ramp from the parking area on east side of the proposed building, and, if necessary to maintain required handicap spaces, replace the ramp with an approved concrete structure. MISCELLANEOUS 19. Preliminary landscaping and final landscaping, hardscape, and irrigation plans, substantially conforming to this approval shall be submitted to the Community Development Department for approval prior to issuance of a building permit by the Building and Safety Department. Plans shall include a minimum of two 24" box (minimum 2 inch caliper) on the east side of new building. 20. Prior to issuance of a building permit, the following revisions or notes on the plans shall be made to the building plans, subject to the approval of the Community Development Director: 60,1 U11 p:\stan\sdp 2000-667 cc coa.Wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2000-667 M&H REALTY PARTNERS MAY 2, 2000 A. The roof tile shall be "mudded" to match that used in the center. B. Walkways around the building shall match that used in the center. C. Storefront windows shall use brown wood or similar composite frames, be multi -paned, and utilize a plaster wall and ledge along the bottom, similar to that used in the center. 21. Materials, colors and plaster finish shall match those used in the multi -tenant portion of the center. 22. The building shall use the existing sign program to identify the tenants. 23. Prior to issuance of first building permit for tenant improvement, the new parking area on Pad 7 (11 spaces) shown on the plan next to the Beer Hunter shall be installed. Final design of entry to spaces shall be approved by Public Works Department and Community Development Department to ensure safe ingress and egress. 24. The final Proposed Parking Plan for Plaza La Quinta employees shall be submitted to the Community Development Department and implemented prior to issuance of the first tenant improvement plan for construction authorized by this permit. U1^ 60v p:\stan\sdp 2000-667 cc coa.Wpd r$ AVL\. CASE MAP CASE No. SDP 2000-667 M&H REALTY PARTNERS ATTACHMENT 1 t I,Co HOW: qlz ' ol wt t RTH SCALE: NTS J0,14 ATACH M E NT 2 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 1, 2000 10:00 a.m. I. CALL TO ORDER -" A. This meeting of the Architectural and Landscaping Committee.was called to order at 10:03 a.m. by Planning Manager Christine di Iorio who ledthe flag salute. B. Committee Members present: Bill Bobbitt and Degms Cunningham. C. It was moved and seconded by Committee Members Cunningham/Bobbitt to excuse Committee Member Reynolds. Unanimdusly approved. D. Staff present: Planning Manage; Christine di Iorio, Principal Planner Stan Sawa, Associate Planner Leslie Mourfquand, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF T AGENDA: Confirmed. IV. CONSENT A. Planni Manager Christine di Iorio asked if there were any changes to the Minutes of F ruary 2, 2000. There being no corrections, it was moved and seconded by C ittee Members Bobbitt/Cunningham to approve the minutes as submitted. V. BUSINESS ITEMS: A. Site Development Permit 2000-667; a request of M & H Realty Partners for approval of architectural and landscaping plans for a 6,600 square foot commercial pad building located at the southwest corner of Highway 111 and Washington Street within Plaza La Quinta. l . Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Member Cunningham asked the applicant if he would like to address the Committee. 6 O i CAMy Documenu\WPDOMALRC 3-1-OO.wpd 1 Architectural & Landscape Review Committee Minutes March 1, 2000 3. Mr. David Geiser, M & H Realty Partners, owners of the Plaza La Quints Shopping Center stated they have gone to great extent to see that this building matches the rest of the center. It is their intention to maintain the architectural integrity of the existing design. To them, the issue is that staff is asking them to have a tile mansard roof on south elevation. To -them the Center itself has a lot of different architectural features especially, where the tower is located and the plaza opens up. The idea is that as you see the building from Highway 111, it will match the rest of the Center, but from the Center looking north they want the outdoor plaza look with an outdoor sitting area to be the focal point. The arcade as suggested by staff, would create an area that would be more of a travel through than a sit down plaza. In contrast to staff s opinion, the flat trellis look does present the human scale which adds to the architectural character of the Center and increases the connection between the two buildings. They strongly want to keep the trellis as it will be a selling point. The blue tile around the doors is to match the existing Center as well as the exposed wood. They do not object to changing the doors on the trash enclosure to metal. They can change the windows as recommended by staff. Regarding the recommendation of staff for a wood storefront, they are requesting to use some of the newer building material technology to create a newer storefront system. They would be willing to use a plaster bullhead, but wood mullions are difficult to maintain. He went on to list the architectural details of the building that matched the Center. A second issue in staffs recommendation is Item #1, where staff is asking them be resubmitted their plans to the Community Development Department for review prior to submitting for a building permit. They have submitted their plans and want to be able to continue with the plan check process. 4. Committee Member Cunningham stated it is hard to create a rendering that will give a true description of what the project will look like, but in this instance the only item that appears to match the rest 'of the Center is the lamppost. This particular Center has a lot of texture that this building is missing. By not using mullions you lose the texture look. This building gives the appearance of a contemporary Spanish take off. This looks more like the Albertsons Plaza across the street. Plaza La Quinta had the higher file and full mudded tiles. The tiles on this building will have to match the rest of the Center exactly. When the Plaza was built, the developer created a more Spanish look. This store should be a continuation of what is there and ..._appears to_be goi�,the wrong direction. He is not opposed to the trellis idea, but the rest of the building looks like a box store. Mr. Geiser stated that on the north elevation the details are the same. They are trying to combine all the elements of the Center. 5. Committee Member Cunningham asked if they agreed with all of staff s recommendations. Mr. Geiser stated they did. Committee Memb& 0 Cunningham reiterated they do. not want the storefront look. For the C:\My Documents\WPDOCS\ALRC 3-1-OO.wpd 2 U 1 " Architectural & Landscape Review Committee Minutes March 1, 2000 windows, they could use a composite material that looks like wood and use true divided lights, but to stay close to staff s recommendations. This building is an in -fill that does have a distinct style. 6. Committee Member Bobbitt stated he agrees with Committee Member Cunningham. The east and north elevation are fine. The windows are not the same as the rest of the Center, but do resemble the Downey Savings building. The detail that is missing is a tower element. This building is all. flat. This is what is missing and a key element that should be included. The south elevation lacks architectural detail. On the rest of the Center you can see the from every angle. Mr. Geiser stated they too wanted to have the tower element, but there is a height restriction on Highway 111 that prohibits the tower. Their original design did have the tower and mansard roof. Mr. Geiser stated you would be able to see bits and pieces of tile from different angles as you traveled through the Center and he agrees the building would be better with a tower. Committee Member Bobbitt stated the walls are straight and the Center has a lot of variations. 7.. Committee Member Cunningham stated that if this was done in a rendering form you could see how the tile would be used. He reiterated that the problem is that this Center has so much texture and these elevations do not give a true feel for how the building will look and if it will blend in. This building is to be a part of the group. A tower would be great, but it would be difficult with the regulations as they are today. Mr. Geiser stated this building will be located next to the focal tower element of the Center and if they did add a tower, the two might fight with each other. 8. Committee Member Bobbitt stated that as you enter the Center you will see the effect. He does like the doors on the north elevation. As long as the south elevation has the same window effect he wouldn't object. Mr. Geiser stated the building may change with the addition of tenants who may want additional windows on the south elevation; could this be approved administratively. Staff stated yes. 9. Committee Member Bobbitt asked if this piece of property takes up the entire pad area. Staff stated yes. Committee Member Bobbitt asked if staff was willing to give on the tile mansard roof. Staff stated this was the first -- - - - ----- - -- -- - - ---- . _ building _.that_vyould_nothave the tile.. In addition, the applicant was asking for an amendment to the sign program to use all wall mounted signs instead of the hanging signs that are a part of the multi -tenant part of the Center. Also a concern, is that this building faces south and will need more shade than the trellis will provide. Mr. Geiser stated they would place the shade cloth and the plants. In regard to the signs, the way the building is designed there is no place to put the signs, except on the building fronts. sib C:\My Documents\WPDOCS\ALRC 3-1-OO.wpd 3 Architectural & Landscape Review Committee Minutes March 1, 2000 10. Committee Member Cunningham stated the Center was designed to create a "Village" atmosphere. He likes the trellis because it opens it and is in keeping with the Center. The only issue he does not want to drop, is the storefront. The windows and front application should be the same as the remainder of the Center. 11. Committee Member Bobbitt stated he didn't dislike the building and he too likes the trellis treatment. As far as the signs, the Center does have buildings with wall signs as well. His recommendation would be to approve the building with staff s recommendations with the deletion of the mansard roof and tile for the south elevation. He asked if there was anyway to get the tower element without the full mansard roof. Mr. -Geiser stated it will look like you are just trying to add tile. Committee Member Bobbitt asked if the building would have the popouts around the windows. Mr. Geiser stated they will be the same as the existing tile popouts on the Center. 12. There being no further discussion, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 2000-005 recommending approval of Site Development Permit 2000-667, subject to conditions as amended. a. Conditions 3.A.: deleted. b. Condition 3.D.: Storefront windows and doors shall use brown wood frames or similar composite materials. C. Condition 4: Materials, colors, and stucco finish shall match those used in the multi -tenant portion of the Center. Unanimously approved. B. Ecrinit 20000-.66�an9- a request of the James R. Paul for approval of chitectural and landscapin.,,g pls for a multi -tenant industrial/office building loted at the northwest corner of Dune Palms Road and Corporate Center Drive Quinta Corporate Center Specific Plan. 1. Asspciate Planner Leslie Mouriquand presented the information contained in the sth ff report, a copy of which is on file in the Community Development Department. 2. Committee Member Cunningham asked Mr. Bob Ricciardi, architect for the project, for his• -presentation. Mr. Ricciardi stated that due to the Specific Plan requirements' the buildings are not the typical industrial style. However, they did need to accommodate the cost element therefore, the southwest look was selected with as much storefront glass as possible. They are using wood beam lintels and smaller -windows to create the southwest look. With thse .10 landscaping they are trying to, meet the Specific Plan requirements. C:\My Documents\WPDOCS\ALRC 3-1-OO.wpd 4 U 18 ATTACHMENT 3 IS 11 "X17" PLANS 611 019 ATTACHMENT 4 PAPCcFL 7 PLAZA 1A 4W/4/7A oYe �• r » 0a 055 /.o,TAG ERNANG 0 I 0r o1 I el °%� � L A'F`� a, � yo `ot< -mac _<< N �' • , F R • � i aox OPEN •C i. WALL -� I�+ dS .� rD.PO POJT 37M/61f' ` I I • o�F aoo. ..• , w✓..•�!: .PLR t I NCSM NGIV •� ti I I IN Ic CC \\Ro�p.}PO 2000 ' DECEIVED � 30200 ATTACHMENT 5 Planning Commission Meeting March 14, 2000 b. Condition #19: gFelete the last part of the sentence: "Prior to the opening the applicant would be required to pay a license fee of 780." Unanimously app 6. It was moved a d seconded by Commissioners Abels/Butler to adopt Minute otion 2000-006, approving Minor Use Permit 2000-/artmen1t ct to the Findings and Conditions of Approval as amend a. #18: Add, "Commercial food and beverage at are not selling prepacked food items, shall permit from the Riverside County Health and all commercial vendors will be required to ity business license." b. Condition #19: Delete the last part of the sentence: "Prior to the opening, the applicant would be required to pay a license fee of $780." VI. PUBLIC HEARINGS: QM4 A. Site Development Permit 2000-667; a request of M & H Realty Partners for approval of development plans for a 6,600 square foot commercial pad building located at the southwest corner of Washington Street and Highway 1 1 1, within Plaza La Quinta. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Abels stated the site plan on display was not the same as what had been submitted to the Commission. The parking stalls on the east side are not indicated on their site. Staff stated parking stalls will be added to the east elevation. Commissioner Abels asked if the total number of stalls noted in the staff report was correct. Staff pointed out the additional stalls on the site plan. 613 CAMy Documents\WPDOCS\PC3-14-20.Wpd 3 u 2 1 Planning Commission Meeting March 14, 2000 3. Commissioner Tyler noted his site plan denotes parking spaces next to Highway 111 and asked how many parking stalls were being added. Staff stated three parking spaces were being added. 4. Commissioner Butler asked if the 50-foot landscape setback could be used for additional parking. Staff stated it could not. 5. Chairman Kirk asked if the applicant would like to address the Commission. Mr. David Geiser, M & H Realty Partners, asked if he could speak after the public comment period. 6. Mr. James Elmer, 78-477 Highway .1 1 1, representing the Beachside. Cafe, stated he is allowed 15 parking spaces according to the parking study. He seats 60 patrons outside and 115 inside and has 22 employees per shift. There are not enough parking spaces even for his restaurant. Then, the Beer Hunter utilizes parking spaces all the way to Downey Savings and his customers are complaining about how far away they have to park. To add this building with additional parking demands to an already bad situation, is something he does not want to see happen. 7. Ms. Freddie Hall, Broker Associate of, -Fred Sands Realty, stated she has been at this Center since 1974, and the best use of this site would be a parking lot. She requested this item be continued to allow time to notify all the tenants of the Center. One of the problems is that the restaurant parking starts before the businesses are closed. She asked if the parking requirements were the same requirements used when approving similar projects. There are parking spaces behind the buildings for the employees, but they do not feel safe and do not use them. She went on to note the number of parking spaces allotted to each of the tenants. 8. Chairman Kirk asked if this project met the current parking standards. Staff stated that based on the current requirements, it does. With regards to shopping center requirements, if the shopping center contains 50,000 square feet or more, the requirement would be one space per 250 square feet. As this is a mixed use site shared parking standards apply. Staff went on to explain how the parking requirements are determined. 9. Ms. Holly Escobedo, the Book Rack, 78329 Highway 1 1 1, stated her concerns about the parking. She is allowed five parking spaces and has four employees. She does park in the rear of the 619, CAMy Documents\WPDOCS\PC3-14-20.wpd 4 Planning Commission Meeting March 14, 2000 building and even there she has a hard time finding a parking space. She is a retail business and if she has to look in the back, where are her customers parking. Customers have stated they will not come in because they will not carry their books from across the parking lot. She asked if anyone had checked to see how many of the parking spaces are currently being used and why wasn't underground parking considered. 10. Ms. Kathy Smith, TL Millers and Associates, 78-451 Highway 111, stated she works two doors down from the Beachside Cafe and would like to request the Commission come to the site and review the parking. There is no parking. When her job required her to go to court she is concerned there will not be a parking space available when she gets back. In the back, the parking is limited. There has been vandalism and cars stolen, so it is not safe. 11. Chairman Kirk asked if the applicant would like to address the Commission at this time. Mr. David Geiser, Director of Design for M & H Realty Partners, stated he knew there was a parking issue at this Center, but that is due to it being a successful Center. Pads 5 and 7 are both available for development. They have no plans to develop Pad 7 as the Beer Hunter desires to install a patio on a portion of this location. As pointed out in their parking study the Code does allow the development as proposed. He went on to review the parking requirements. Because of the parking problem they have brought a manager on site to handle the parking issues and the new development. They are considering developing Pad 7 for parking. The issue is the tenant mix; they have two popular restaurants at the same end of the Center. The idea they hope to implement is enforceable employee parking in the rear of the buildings. If safety is an issue, the property manager needs to be informed to address the issue. The site is allowed to be developed based on the requirements of the Center, per the Code and law. The Vons Supermarket remodel is to expand the back and east side of the store and will impact the parking minimally. Their concern is that this store will leave the Center if they cannot generate more business. They need an additional 9,500 square feet for them. He noted the site plan in the Commission packet is correct and there is no additional parking proposed for the east side of the building. In regard to staff's statement that any tenant could modify their sign is incorrect; this is a multi -tenant in -line building. The design of the building does not allow for a hanging 615 C:\My Documents\WPDOCS\PC3-14-20.wpd 5 Planning Commission Meeting March 14, 2000 sign as there is in some portions of the Center. This sign program is consistent with what is there because there are a variety of signs currently being allowed in the Center. They did not want to apply for any variances, but only to build what is allowed by the City Code. The design of the building was a function of what is there at the Center. He went on to note the similarities between this building and the other buildings and show the changes made to their plans based on the Architecture and Landscaping Review Committee's (ALRC) recommendation. Lastly, staff is requesting Von's Shopping apply for their remodel under their own site development permit. It helps them in their negotiations with Vons to have a site approval by the Planning Commission. 12. Commissioner Abels stated he had no objection to including the Von's expansion, but what happens to the existing tenants. Mr. Geiser stated they will move them possibly into this new building. Commissioner Abels stated he was glad to hear they are willing to take the parking into consideration. Perhaps this should be continued to a future date to consider the parking. He had spoken to people at the Vons Shopping market and they stated they did not have any idea about. an expansion. He asked how many parking spaces would be supplied by converting Pad 7. Mr. Geiser stated about 15 more stalls. 13. Commissioner Robbins asked if the applicant would have any objection to making the development of parking on Pad 7 a part of the conditions. Mr. Geiser stated he would have no objection if the application is not continued. If the Commission wants a parking plan as part of the approval, he has no objection. 14. Commissioner Butler stated the drawing does show the changes as recommended by the ALRC, but he believes staff's recommendation is also valid. The raised parapets do allow signs to be installed at this location. His concerns about these issues as well as the parking, and seeing that the tenants are notified are enough to warrant a continuance of the project. The tenants have a right to know what is proposed here. Mr. Geiser stated they know there is a problem with parking and they are working to resolve those issues. If the Commission is going to continue the project for issues other than parking, then he is in favor. In regard to the notification of the tenants, it is unfortunate but the City only requires a developer to notice property owners. 61 C Commissioner Butler stated that in addition to this, the r CAMy Documents\WPDOCS\PC3-14-20.wpd 6 0 Planning Commission Meeting March 14, 2000 architectural detail has.not been addressed as recommended by staff. Mr. Geiser stated they have addressed everything except the mansard roof, which the ALRC agreed with them. Staff has now changed their opinion and brought a new issue. Staff's recommendation is not possible. 15. Commissioner Tyler asked if the parking study included the parking spaces in the rear. Mr. Geiser stated yes. Commissioner Tyler asked if there were enough parking spaces in the back for the number of employees. Mr. Geiser stated they have not done an employee parking study, but have provided the number of parking spaces required by City Code. Commissioner Tyler asked if the Von's expansion would eliminate any of the parking spaces. Mr. Geiser stated yes and it was included in its study. Commissioner Tyler asked what tenants would be going into this new building. Mr. Geiser stated Rubio's Baja Grill, a pet business and dry cleaner are proposed. Discussion followed regarding the parking plan. Commissioner Tyler stated he, as . well as the other Commissioners, have all looked at the area and agree with the parking problem. He too, is concerned with the design. From the south you see a building design throughout the Center that contains tile roofs and this building has no tile, which does not blend with the Center. Mr. Geiser stated they do not want a row of clay tile roofs, but rather a variety to the site by the use of the details used in the building. He gave examples of those details. Commissioner Tyler asked if there were any examples of the Von's expansion. Mr. Geiser stated the architectural portion of that permit would come back to the Commission. 16. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened the hearing for Commission discussion. Staff showed pictures of the architectural style of the existing building. Chairman Kirk asked if there were pictures of Downey Savings as well. Staff displayed additional pictures of the Center. 17. Commissioner Abels stated the biggest problem is parking and even though it conforms to Code, it is a problem. He is glad to see the owner is willing to turn Pad 7 into parking. 18. Commissioner Robbins was also concerned with the parking and that one of the proposed tenants for this new building is a restaurant which will increase the intensity of the parking problem. 617 CAMy Documents\WPDOCS\PC3-14-20.Wpd 7 U 2 5 Planning Commission Meeting March 14, 2000 The only way he could resolve this is to make the conversion of Pad 7 into parking. In regard to the architecture, he personally is not drawn to the red tile. The design of the building allows for several locations for signs and to him it would detract from the building to have them hanging. He asked if the Commission could deny the project even though it conforms with the Code. City Attorney Dawn Honeywell stated the Commission can look at the environmental considerations. Even though the Zoning Code is met, the issues raised have to be mitigated, which is how the problem with parking could be addressed. Commissioner Robbins stated he had no problem with the addition of the Von's expansion. 19. Commissioner Butler stated his issues were the parking and architectural design of the building. He concurs with staff's recommendations and even though the applicant noted his opinion, he thinks the covered walkways and tile should be included. 20. Commissioner Tyler stated it was nice to consider Pad 7 for parking, but even that additional parking will create problems with access. He asked staff if they could add the Von's expansion if it had not been a part of the public hearing notice. 21. Community Development Director Jerry Herman asked the applicant if the front elevation of Von's, or the empty pads that would be used for the expansion, would have be changed. Mr. Geiser stated that since the elevations of the shop buildings are lower the front would change. Staff noted this would have to have a condition added to the approval requiring these elevations to be approved by staff, or they would have to be submitted as a different application. 22. Commissioner Tyler stated he has no problem with the trellis, but in order to blend in the south elevation, the building needs to add the roof tile. 23. Chairman Kirk stated he agrees there is a parking problem. He also agrees with Commissioner Butler in that the architecture is an issue. He is not pleased with the Downey Savings building as it also does not fit in with the rest of the Center. Signs are a real issue as well. As this is not a single tenant, but a multi -tenant, problems are raised. Perhaps the building could be reduced in size 618 to add the additional parking. 026 CAMy Documents\WPDOCS\PC3-14-20.wpd 8 Planning Commission Meeting March 14, 2000 24. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to continue this project to April 11, 2000. Staff noted that with the continuance, staff would notify the tenants of the hearing. In addition, this will allow the applicant time to submit the elevations for the Von's expansion. 25. Commissioner Butler stated there are unanswered questions regarding the Beer Hunter outdoor seating as well. Staff noted that was not part of this application. 26. Chairman Kirk asked the applicant if he had any questions. Mr. Geiser stated the Commission has identified the issues, but provided no direction for him to address. He would therefore, prefer they act on the project at this time and allow him to appeal their decision. Chairman Kirk asked staff if they had any suggestions. 27. Commissioner Abels stated he thought the applicant should obtain approval by the Planning Commission. 28. Commissioner Robbins stated the applicant should respond to the same issues he would appeal to the City Council. Mr. Geiser stated the parking issue cannot be resolved. If the Commission is going to vote no because of the parking, then let him go forward on an appeal. 29. Commissioner Tyler stated ALRC is a recommending body to the Planning Commission. The Planning Commission is a recommending body to the Council except in some cases such as Site Development Permits, where the Commission has the final action. 30. Chairman Kirk stated he did not believe the parking issue was a fatal flaw, provided the applicant came back and addressed the issues, they may be resolved. 31. There being no further discussion, the Commission voted on the motion. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. Chairman Kirk recessed at 8:43 p.m. and reconvened at 8:50 p.m. v2 7 9 ATTACHMENT 6 Planning Commission Meeting April 11, 2000 V. BUSINESS ITEMS: A. Site Development Permit 2000-674; a request of T.D. Desert evelopment for approval of architectural plans for two new prototype r 'deunits within Rancho La Quints Country Club. 1. Vice Chairman Robbins requested the staff report. Principal nner Stan Sawa presented the information contained in the st f report, a copy of which is on file in the Community De opment Department. 2. There ing no discussion, it was moved and seconded by o Cmmis ners Abels/Butler to adopt Minute Motion 2000-008 approving ite Development Permit 2000-674 as recommended. Unanimousl approved. VI. PUBLIC HEARINGS: A. Tentative Tract Map AQuin request of KSL Casitas Corporation for approval to subdiviacres into 30 resort residential and miscellaneous lots on ide of Avenida Obregon, south of Avenida Fernando within the LResort and Club grounds. 1. Vice Chairman Robbins o ened the Public Hearing and asked for the staff report. Principal nner Stan Sawa stated the applicant had requested a continuanc\Unanim application to allow time to resolve issues. 2. There being no discussiomoved and seconded by Commissioners Butler/Abettinue Tentative Tract Map 29702 to April 25, 2000. sly approved. B. Continued - Site Development Permit 200-667; a request of M & H Realty Partners for approval of development plans for a 6,600 square foot commercial pad building and addition to Von's Supermarket located at the southwest corner of Washington Street and Highway 11, within Plaza La Quinta. 1. Vice Chairman Robbins opened the continued 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. Staff stated that 6 O per the City's Zoning Code Section 9.150.060(d)(1) does require r CAMy Documents\WPDOCS\PC4-11-20.wpd 3 0 Planning Commission Meeting April 11, 2000 that adequate off-street parking be provided for uses even if that use is providing parking at the minimum required level and therefore, additional parking can be required if it is deemed necessary. Staff noted an additional Condition #24 should therefore be added stating: "The final proposed parking program for Plaza La Quinta employees be implemented prior to issuance of a building permit for construction authorized by this permit." In regard to the Von's Supermarket expansion, staff is not recommending it at this time as staff does not have adequate plans to understand what that addition will look like. 2. Vice Chairman Robbins asked if there were any questions of staff. Commissioner Tyler asked for clarification on the number of parking spaces. Staff stated the figure noted in the staff report includes the five extra parking spaces proposed with the implementation of the new plan. Commissioner Tyler stated he likes the parking program especially the employee parking, but asked if it was under the Commission's purview. City Attorney Dawn Honeywell stated that it does so long as the critical issue being looked at is trying to deal with the parking on this site and in order to approve the environmental and find under the Zoning Code that adequate parking is being provided, it is reasonable to include that type of a parking condition on this site. Otherwise if the Commission did not know the parking plan was to be in place, the Commission would not be able to make the findings that are necessary. 3. Commissioner Butler asked if this is increasing the number of spaces for employee parking in the back of the building. Staff stated there is an area behind Von's where there can be spaces, but it has been re -stripped which .eliminated some of the spaces. They could add seven spaces in this area. Commissioner Butler asked if they could realign the parking to one way to get more ' spaces. Staff stated they did not believe it would help. 4. Commissioner Abels asked if the traffic was two-way with the parking spaces. Staff stated it is an odd shape area which follows the back of the building. Commissioner Abels asked if parking could be increased if the traffic was one way. Staff stated parking already exists and is a truck loading are as well. Community Development Director Jerry Herman stated that by reducing the traffic to one lane they would not gain any additional spaces. 6 21 U29 0-\NAi , TlnrnmPntc\WPTIO( R\P('4-11-2n wnd 4 Planning Commission Meeting April 11, 2000 With implementation of proposed employee parking these spaces would then be used. Commissioner Abels commended the developer for trying to meet the Commission's request. 5. Vice Chairman Robbins asked if the new building would use the hanging wooden signs. Staff stated there is some provision for wall signs, but the signage would be required to match the existing sign program. The applicant does have the option to come back for a revision to the sign program. 6. Commissioner Abels stated the proposed expansion for Von's shows the expansion going down to the Fred Sand building with the front exterior being the same. Staff stated that is true, but if you look at the site, the area to be added onto is immediately adjacent to the tower over the Fred Sands offices. Their proposed plans do not show how the expansion will fit in with the tower. 7. Commissioner Tyler stated that at the last meeting, a question was raised about underground parking; has this been looked at and is it totally out of the question. Staff stated they.did not consider it and is not aware whether or not the applicant has. 8. Vice Chairman Robbins asked if the applicant would like to address the Commission. Mr. David Geiser, M & H Realty asked to speak after the others had spoken. 9. Vice Chairman Robbins asked if anyone else would like to address the Commission on this issue. Mr. Rob Parker, owner of Groomingdales, stated he may be going to the new building, or somewhere due to the expansion of Von's and this is a major concern to him. He is not opposed to the expansion of Von's, or to whatever would be a benefit to M&H Realty Partners, but he is concerned about tenants who are in partnership with M&H in this entire project and its viability in the community. He would like to know where Von's freight vehicles will load and unload if this area is to be for employee parking. He has 12 employees parking there where there are 20 parking spaces that will be removed. This whole area behind Von's that is stripped for parking is a problem for parking because of the freight trucks are unloading. His other concern is the corridor in front of the proposed building as it is �2; 030 C:\My Documents\WPDOCS\PC4-11-20.wpd 5 Planning Commission Meeting April 11, 2000 dangerous now and more so with the new construction. He recollects this pad originally showed a development on this pad, but the Von's expansion of 4,000 feet is not a part of the original plan for the Center. It seems to him that if the developer is wanting an exception to the plan they should provide mitigation measures and the only place to mitigate is in this strip and that is where it is drastically needed. He knows of three accidents this year in this corridor in front of the proposed building. This is one of the main entrances/exits into the Center. The traffic conditions and flow are a nightmare which concerns him. Two of his clients have had accidents and he has heard of a third. There should be some other way to mitigate these problems. He is not opposed to any of the proposed changes, but with the expansion of Von's, there is more that could and should be done with this pad area as it is the only other alternative to mitigate it. There will be a high volume fast food restaurant, currently there is a highly successful Beer Hunter restaurant, and the Beachside Cafe all located at one end of the Center with their parking extending all the way down to Von's parking area now. Adding the new fast food business, that is known to be very successful, will be a major nightmare on that end of the Center. When you look at the parking the least amount is at the east end and the most on the west end. If they wanted to put the proposed building in the middle of the Von's parking lot no one would care. 10. Commissioner Abels asked if this proposed building was reduced to two stores, would this help. Mr. Parker stated he suggested this, that if spaces are needed for the Von's expansion and to move the dry cleaners and his business, they needed to look at the traffic flow and additional parking, for all the tenants. There is no way to mitigate the problem once the changes are made. He is not relocated to the new building yet and not involved in the parking problems that exist, but if he does move to the new location he is going to miss his current location. 11. Mr. Dan Held, General Manager and Partner in the Beer Hunter restaurant, stated his concern is the parking problem. The parking is tight as it is now and he is not sure the employee parking would be of any great benefit. They are currently asking their employees to park on the west side of Downey Savings. Parking is not adequate now and with the additional business, it will clog the parking even more. He agrees that if it were constructed on the 62.3 west side of Downey Savings, it would not be of any concern. 1131 C:\My Documents\WPDOCS\PC4-11-20.wpd 6 Planning Commission Meeting April 11, 2000 12. Mr. Parker, Groomingdales, asked if the proposed expansion of Von's could be conditioned to require 100% relocation of the dry cleaners and his business prior to issuance of a building permit so they would not lose any customers. 13. Mr. David Geiser, M&H Realty Partners, stated the option of building anywhere else is not possible as they do not have any control over Von's parking lot and they would not approve any construction in that area. The issue of mitigation is.valid. The original approval for the Center allowed the construction of a 10,000 square foot building on Pad 5 and a 4,500 square foot building on Pad 7 next to the Beer Hunter. They are proposing a 6,600 square building on Pad 5, which is a 3,400 square foot reduction from what was originally proposed and approved and parking instead of building on Pad 7. In their opinion, they are voluntarily placing more restrictive mitigation measures, more than goes to their desire to develop their property as well as address the parking issue. As far as Von's expansion, the desire is to increase the ability of Von's to maintain their market share with all the new markets that have come into the area. This is a requirement Von's has to keep them at this Center. Currently, the plans across the street for development includes a Von's Supermarket. They need the expansion to keep Von's as an anchor for this Center and he believes the tenants would agree with this. The Von's expansion is more important than the pad building as far as the success of the Center. This is a successful Center and the parking lot is full because of this. It is a tenant mix problem they acquired with the purchase of the Center. They are trying to address this parking problem with the parking program to increase the amount of parking for the patrons. As all the tenants observe the employee parking program, and as their manager on site enforces this program, they should see a difference. As to requiring them to implement this program before they obtain a building permit, this is a draft program and the tenants have not seen a copy of the parking program and they need time for their review and input. He asked that they tie it to the tenant improvements. He then gave a clarification on parking count. The 11 parking spaces on Pad 7, next to Beer Hunter are not included in the parking count of 599. The Von's expansion is 9,300 square feet, but only adds 4,400 square feet to the total building area. He has submitted new elevations based on what has been asked by the Commission. They have not backed off their original sigrG request to allow the channel letter signs for the new tenants. It is important to pad building tenants that signs can been seen at C:\My Documents\WPDOCS\PC4-11-20.wpd 7 1 4- Planning Commission Meeting April 11, 2000 night. In addition, they will have revised landscape plans consisting of the same plant material. They have added parking on the east side of the Pad 5, which caused them to lose some of the parking on south side of Pad 5. Again, they would request tying the parking study with final inspection rather than issuance of a building permit to allow them time to work with a civil engineer and the tenants. 14. Commissioner Abels asked about the relocation of the tenants. Mr. Geiser stated the tenant would be relocated before any Von's remodeling would take place. Commissioner Abels asked if the tenants would incur any expense. Mr. Geiser stated it is all spelled out in the lease before anything starts. Community Development Director stated the tenant issue is not a purview of the Commission. 15. Commissioner Tyler stated currently on the south side of Pad 5, there are a number of parking spaces including two handicapped spaces, and he understands they may reduce the number of spaces in this area and he wanted to know why. Mr. Geiser stated there were no handicapped spaces at this location. They are in front of the building on the south side. They moved the patio from the east side of the building on the drive isle of Pad 5, which caused the elimination of two parking spaces to accommodate moving the building to the west so they could add the spaces on the east side of the building. Commissioner Tyler asked if there was any thought to underground parking. Mr. Geiser stated underground parking is very expensive and not feasible. It would require them to dig opening a hole the size of the parking lot allowing for no parking during the construction and would probably close the Center. 16. Commissioner Tyler asked if he would have any problem with having two tenants instead of three. Mr. Geiser stated that with 6,600 square feet they may have one tenant, or could have up to four tenants. Currently, it appears there will be three. They design for the greatest flexibility for an undermined number of tenants, over a period of time. 17. Commissioner Butler stated he had a concern with the maximizing of the parking when looking at his map, showing employee parking with no indication as to whether or not it will be re -stripped, or is 2v C:\My Documents\WPDOCS\PC4-11-20.wpd 8 1 32 Planning Commission Meeting April 11, 2000 that all that will be designated for employee parking. Second, is there a problem with the parking behind Von's due to the loading and unloading of trucks. Mr. Geiser stated that in the employee parking agreement, it is not a re -striping or designation on the parking stalls as to employee parking. Instead, the employees will be educated' to understand this is their area. Commissioner Butler asked if the area could be re -striped to add more parking spaces. Mr. Geiser stated they have looked at re -striping to gain more, but because of the planted parking islands, they cannot gain any more spaces. In regard to the parking in the rear behind Von's, they are required to have a 24 foot wide fire access as well as truck access. The trucks are not to be using this area except for their loading/unloading area. If there is a problem, they will have to address the issue with Von's. 18. Commissioner Butler asked if Mr. Geiser had a problem with continuing the Von's expansion. Mr. Geiser stated all they were looking for was approval of the site plan. The elevations would come back to the Commission for review and approval. 19. Commissioner Butler stated that in regard to the signage and use of illuminated channel letter, he was uncertain. Mr. Geiser stated all the pads buildings had illuminated channel letters. 20. Commissioner Abels asked if there would be additional dialog with tenants regarding the parking. Mr. Geiser stated that if the Commission would hold the building final till there was an approval of the parking plan. This would allow them the time to work a solution with the tenants regarding the parking. 21. Commissioner Tyler asked if Von's could come back for review of the elevations. Staff stated the conditions were written to require the elevations to come back to the Commission. In regard to the sign program, only the major tenants have the individually mounted illuminated signs and this is a multiple tenant building. Mr. Geiser stated that is in keeping with the Center across the street, such as Starbucks, Airtouch, etc. 22. Mr. Jim Elmer, Beachside Cafe, stated his concern is parking spaces. This new site will have only 11 new spaces and those will be taken up by the employees; where are the customers going 620 C:\My Documents\WPDOCS\PC4-1 l-20.wpd 9 + 0 J 4 Planning Commission Meeting April 11, 2000 to go. His restaurant does not have enough for their business as well as the Beer Hunter. The need is for 50 more parking spaces. If the new restaurant is going to seat 100 people, where are they going to park. 23. Ms. Donna Corde, Lumpy's, stated her concern was the issue of deliveries and whether the parking spaces would be blocked with the deliveries. 24. There being no further public comment, Vice Chairman Robbins closed the public participation portion of the hearing and opened the hearing for Commission discussion. 25. Commissioner Butler stated that with some conditions, the applicant has addressed the issue of the elevations, but the parking is still not resolved. When you have a shared parking policies, it is hard to resolve issues of this kind. He would feel more comfortable having the applicant coming back with a parking program. In regard to the Von's expansion, he has no problem approving the expansion concept. In regard to the signs, he still has a problem with their proposal. 26. Commissioner Tyler stated he agreed with the redesign of the building. The parking problem has improved, but is still a problem and he is not sure there is any solution to the problem. Employee parking program is viable, but may have an enforcement problem. He is not sure about the Von's expansion, but if it comes back, then he has no objection to approving the concept. 27. Commissioner Abels stated this is a situation where everyone wins or loses. The applicant has done all he can do with its limitations. In regard to Von's expansion, he has no objection to the concept. Glad to see a viable center that is active all the time and the applicant should be commended on such a successful center. 28. Vice Chairman Robbins agreed with the redesign of the building and that the parking is a problem, but no real solution is available. He asked staff if the parking problem could be tied to the issuance of occupancy. Comomunity Development Director Jerry Herman stated the problem with occupancy is that when you construct the building, tenants move in. Now, we are saying the tenant cannot be there and it becomes a problem with enforcement. City Attorney Dawn Honeywell stated it is difficult because you affect 6 2 7 third party rights; the tenant who is ready to move in and ,135 C:\My Documents\WPDOCS\PC4-l1-20.wpd 10 Planning Commission Meeting April 11, 2000 economically, for reasons not in their control, the City says they cannot move in. The City prefers this be resolved before permits are issued rather than before occupancy. It would be to the applicant's advantage to resolve the parking, before constructing a building that a tenant cannot move into. Vice Chairman Robbins stated he did not want to put a stop to the applicant's ability to continue developing. 29. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2000-012 approving Site Development Permit 2000- 667, as amended. a. Condition #1: The use of this site shall be in conformance with the approved exhibits contained in Site Development Permit 2000-667, unless otherwise amended by the following conditions. The site plan expansion of Von's Supermarket is conceptually approved. The elevation of the expansion shall be submitted to the Planning Commission for approval. b. Condition #23: Add, "specify the parking area is referenced as Attachment 5 on Pad 7". C. Condition #24: The final parking plan program for Plaza La Quinta employees shall be submitted to the Community Development Department and for approval and implemented prior to issuance of first tenant improvement plan for construction authorized by this permit. The building shell can be built. ROLL CALL: AYES: Commissioners Abels, Butler, Tyler, and Vice Chairman Robbins. NOES: None. ABSTAIN: None. ABSENT: Chairman Kirk. Vice Chairman recessed the meeting at 8:47 p.m. and resumed the meeting at 8:53 p.m. C. nt' - - T 2 ZD P - , a request of World Develo nt foval to subdivide 2.44 acres into ten single family residential sstreet lot, three landscape lots, and approval of architectural ascape plans for four prototype residential units. 628 C:\My Documents\WPD0CS\PC4-1 l-20.wpd 11 M&H PROPERTY MANAGEMENT, INC. March 27, 2000 Re: Proposed Parking Program Plaza La Quinta - La Quinta, CA ATTACHMENT 7 78-401 Highway 111, Suite'V' La Quinta, California 92253 Ph: 760.771.4580 Fax: 760.771.4680 In efforts to increase the availability of prime parking spaces for Plaza La Quinta customers, the following parking recommendations have been prepared for evaluation by the Property Management and Tenants of Plaza La Quinta. Based on the anticipated effectiveness of the recommendations, all or part of this list shall become the Parking Program for Plaza La Quinta to be implemented and enforced by Property Management and adhered to by the Tenants. • All Tenants and employees of Tenants leasing spaces 1 thru 17 shall endeavor to park in the designated spaces behind (south side) the Center. Should spaces be unavailable behind the Center for these individuals, they shall endeavor to park in designated 'Employee Parking' area in front of Vons adjacent to Highway 111, see attached map. • All Tenants and employees of Tenants leasing spaces 18 thru 27 shall endeavor to park in the designated spaces behind (south side) the Center. Should spaces be unavailable for these individuals, they shall endeavor to park in front of their lease space in the row of parking facing Hwy 111, see attached map. • All Tenants and employees of Tenants leasing second floor office space (suites 29 thru 38) shall park in the designated spaces behind (south side) the Center, see attached map. • The spaces that park directly in front of Tenant spaces 1 thiu 24 shall have curbs painted green with the text'20 MIN. PARKING' painted at the front end of the stall. • To address safety concerns at the rear of the Center, lights shall be added at the rear -building wall or on light standards to provide a minimum of three foot-candles of light throughout the rear parking area from dusk until dawn. Lights to be activated by light sensor. • A site plan designating Tenant and employee parking areas and alternate areas shall be distributed to all Tenants. These plans shall be mounted in a conspicuous employee area of each Tenant space. • Parking 'passes', 'stickers' or other identifying devices shall be mounted in each Tenant and employee vehicle for compliance identification by the Property Management. It is recognized that only with active Tenant and employee participation will this program be successful and that it is to the Tenant's and employees benefit that this program succeed. The Contact person for the Property Management is: Bonnie Loza M&H Property Management 78-401 Highway 111, Suite'V' Plaza La Quinta La Quinta, CA 92253 760.771.4580 6?0 031 ' / J 33KS NO-ONIHSVM Am U Z X d a W 0 J c`d W Z W Oui W LL fZ" f" Q 7 oC old �'�I CL V:z 14� ►38 � o T4ht 4 4v Q" COUNCIL/RDA MEETING DATE: May 2, 2000 Public Hearing on Tentative Tract 29702, Parcel Map 29724, and Site Development Permit 97-607, Amendment #1, a Request for Approval to Resubdivide 3.17 acres into 30 Resort Residential Lots and Miscellaneous Lots; Approval to Subdivide a 1.93 Acre Lot into Two Parcels; and Approval to Install 21 Parking Spaces Adjacent to Avenida Obregon Plus Eight Additional Spaces for the Resort Homes. Applicant: KSL Desert Resorts and KSL Casitas Corporation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: o Adopt Resolutions of the City Council approving Tentative Tract 29702, Parcel Map 29724, and Site Development Permit 97-607, Amendment #1, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Project History: On September 16, 1997, SP 121-E, Amendment #4, GPA 97-054, ZC 97-083, SDP 97-607, SDP 97-608 and Tentative Tract 28545 were approved for the La Quinta Resort. The approval included a total of 114 resort homes, not to exceed 210 bedrooms or keys for rentals, for the subject site and property to the west across Avenida Obregon, south of Avenida Fernando. On the west side of the street 68 Resort Homes with 145 bedrooms or keys have been constructed to date requiring p:\stan\tt 29702 pm 29724 sdp 97-607 cc rpt.WPD (� V�cY' 145 parking spaces (one space per bedroom or key). However, only 139 parking spaces are provided on the west side of the street. Tentative Tract 29702 resubdivides the area on the east side of Avenida Obregon, south of Avenida Fernando for the last phase (30 homes) of the project (Attachment 1). Project Information: Environmental Consideration: The La Quinta Community Development Department has determined that the Tentative Tract Map, Parcel Map, And Site Development Permit amendment request have been previously assessed in conjunction with Environmental Assessment 97-343 for which a Mitigated Negative Declaration was certified on September 16, 1997. No changed circumstances or changes proposed would trigger the preparation of a subsequent environmental assessment pursuant to the Guidelines for Implementation of The California Environmental Quality Act. General Plan/Specific Land Use Designation: Tourist Commercial (RSP) Zoning: TC (Tourist Commercial) Project Request: Tentative Tract 29702 on the east side of Avenida Obregon is for approval of 30 residential lots and miscellaneous lots to accommodate 30 Resort Homes having a total of 58 bedrooms or keys. The Tentative Tract provides 35 parking spaces (Attachment 2). The previous subdivision (TT 28545) provided 29 residential lots for Resort Homes and 57 bedrooms or keys on this portion of the site. This revised layout opens the interior common areas to create larger spaces and adds one carriage Resort Home over a parking area (proposed Lot 21) adjacent to Avenida Obregon. The Map also eliminates 21 Resort Home parking spaces previously approved within this area by the previous tract (Tract 28545-3). Approval of this Tentative Tract Map will allow on both sides of Avenida Obregon a total of 98 Resort Homes with 203 total bedrooms or keys, requiring 203 parking spaces (one space per bedroom or key). Parcel Map 29724 proposes to divide the 1.93 acre tennis club area on the west side of Avenida Obregon south of Avenida Fernando into two parcels (Attachment 3). This creates a 23 foot by 213 foot parcel (Parcel 2) along Avenida Obregon and remaining Tennis Club parcel (Parcel 1). Parcel 2 is proposed to be used for 21 parking spaces for the Resort Homes proposed by the amendment to SDP 97-607. No tennis or recreational facilities will be removed to provide these spaces. Amendment #1 to SDP 97-607 proposes to create 21 parking spaces on Parcel 2 of Parcel Map 29724 (Attachment 4). These spaces will be east of the sunken tennis court along Avenida Obregon. They will be 9' by 19' (including 2' overhang) perpendicular spaces with back out access to Avenida Obregon. In order to install these spaces, the existing slump block wall with brick cap and citrus trees behind the p:\stan\tt 29702 pm 29724 sdp 97-607 cc rpt.WPD i 32 UV�. wall will be removed. One Palm tree will be removed to relocate an adjacent sidewalk. The parking area plan shows the wall being reconstructed with a three foot deep planter between it and the spaces. The plans do not indicate relocation or replanting of the trees. With these spaces, 195 of the total required 203 Resort Home parking spaces will be provided. As only 139 of the required 145 parking spaces have been provided on the west side of Avenida Obregon during the initial phases, only 56 (35 on -site and 21 new spaces) of the required 58 parking spaces are being provided, eight additional spaces in close proximity to the Resort Homes are needed for compliance with the Specific Plan. The applicant has submitted a plan showing the provision of eight additional spaces (Attachment 5). Public Notice: The applications were advertised in the Desert Sun newspaper on April 21, 2000. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the Zoning Ordinance of the La Quinta Municipal Code. As of this writing, no written comments have been received. Public Agency Review: All applicable agency comments received have been made part of the Conditions of Approval for this case. Planning Commission Review: The Planning Commission reviewed this request at its meeting of April 25, 2000. After a short discussion and modification to the Site Development Permit conditions to allow relocated and/or new citrus trees to replace those moved for the 21 new parking spaces, the Planning Commission unanimously adopted Resolutions 2000- 019, 2000-020, and 2000-021, recommending to the City Council approval of Tentative Tract 29702, Parcel Map 29724, and Site Development Permit 97-607, Amendment #1, respectively, subject to the Findings and Conditions of Approval (Attachment 6). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt Resolutions of the City Council approving: A. Tentative Tract 29702, subject to the Findings and Conditions of Approval; B. Parcel Map 29724, subject to the Findings and Conditions of Approval; p:\stan\tt 29702 pm 29724 sdp 97-607 cc rpt.WPD v C. Site Development Permit 97-607, Amendment #1, subject to the Findings and Conditions of Approval; or 2. Do not adopt Resolutions of the City Council approving Tentative Tract 29702, Parcel Map 29724, and Site Development Permit 97-607, Amendment #1; or 3. Provide staff with alternative direction. Respectfully submitted, Je�y Heroah C muni y Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Tentative Tract Map 29702 exhibit 3. Parcel Map 29724 exhibit 4. Proposed parking area plan (large plan) 5. Plan for eight additional parking spaces (large plan) 6. Draft Planning Commission minutes for meeting of April 25, 2000 .11 634 ju4 p:\stan\tt 29702 pm 29724 sdp 97-607 cc rpt.WPD RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE RESUBDIVISION OF 3.17 ACRES INTO 30 RESORT RESIDENTIAL LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT MAP 29702 APPLICANT: KSL CASITAS CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 2"d day of May, 2000, hold a duly noticed Public Hearing to consider the request of KSL Casitas Corporation for resubdivision of 3.17 acres into 30 resort residential lots and miscellaneous lots, and revision to the parking provisions located on the east of Avenida Obregon, approximately 350 feet south of Avenida Fernando within the La Quinta Resort Homes area, more particularly described as: Lots B and C, Tract 28545-1, Lots 1-29 and Letter Lots B and C, Tract 28545-3 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 25th day of April, 2000, hold a duly noticed Public Hearing on this request and adopted Resolution 2000-019, recommending approval of Tentative Tract 29702, subject to Findings and Conditions of Approval; and, WHEREAS, said Map Amendment 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 this request has been previously assessed in conjunction with Environmental Assessment 97-343 for which a Mitigated Negative Declaration was certified on September 16, 1997. No changed circumstances or changes proposed would trigger the preparation of a subsequent Environmental Assessment pursuant to the guidelines for implementation of the California Environmental Quality Act; 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 approval of said Tentative Tract Map 29702: 1. The Map and its design are consistent with the General Plan and Specific Plan 121-E in that its amended lots are in conformance with applicable goals, policies, and development standards, such as lot size and will provide adequate infrastructure and public utilities. 2. The design of the amended subdivision or its proposed improvements are not 6 3 vU5 pAstan\tt 29702 cc res.wpd Resolution 2000- Tentative Tract Map 29702 KSL Casitas Corporation May 2, 2000 likely to create environmental damage or substantially and avoidably injure wildlife or their habitat because the area covered by the amended Map is graded or developed and mitigation measures and conditions have been imposed. 3. The design of the amended subdivision and the proposed types of improvements are not likely to cause serious public health problems because urban improvements are existing or will be installed based on applicable Local, State, and Federal requirements. 4. The design of the amended subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist and access to the resort residential area will be provided to surrounding property owners. 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 approve Tentative Tract Map 29702 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 2nd day of May, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 6 3 U UU6 p:\stan\tt 29702 cc res.wpd Resolution 2000- Tentative Tract Map 29702 KSL Casitas Corporation May 2, 2000 ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California u07 p:\stan\tt 29702 cc res.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29702 KSL CASITAS CORPORATION MAY 2, 2000 GENERAL 1. Upon City Council approval, a memorandum noting that City Conditions of Approval for development applications exist and are available for review at City Hall, shall be recorded against the property with the Riverside County Recorder's office. 2. Tentative Tract Map 29702 shall comply with the requirements and standards of § § 66410-66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. This map shall expire two years after approval by the City Council unless extended pursuant to the provisions of the Subdivision Ordinance. 3. 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 Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (per letter of March 21, 2000, on file in Community Development Department) • Imperial Irrigation District • California Regional Water Quality Control Board (NPDES Permit) 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 subdivisions requiring project -specific 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 f on ju8 P:\stan\tt 29702 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29702 KSL CASITAS CORPORATION MAY 2, 2000 copy of the proposed Storm Water Pollution Protection Plan for review and acceptance by the Public Works Department. 4. Provisions shall be made to comply with the terms and requirements of the City's adopted Development Impact Fee program in effect at the time of issuance of building permits. 5. Prior to issuance of a building permit for construction of any building or use contemplated by this Tentative Tract approval, Parcel Map 29724 shall be recorded and the parking lot, wall, and landscaping improvements to Parcel 2 shall be constructed per the approved Conditions of Approval for said Parcel Map and Site Development Permit 97-607, Amendment #1. 6. All applicable conditions of City Council Resolution 97-75 for Tentative Tract 28545 shall be met prior to recordation of this Map. PROPERTY RIGHTS 7. 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 parcel map or a waiver of parcel 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. 8. Prior to approval of a final map, parcel map or grading plan and prior to issuance of a grading permit, the applicant shall furnish proof of temporary or permanent 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. 9. 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 unless the owners specifically agree to the proposed diminishment of access rights. P:\stan\tt 29702 cc coa.wpd U U J RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29702 KSL CASITAS CORPORATION MAY 2, 2000 10. The applicant shall dedicate private street, parking and utility easements or rights of way in conformance with the City's General Plan, Municipal Code, and as required by the City Engineer except as approved in a revised specific plan for the project area. 11. 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. 12. 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. 13. 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 City Engineer. The files shall utilize standard AutoCad menu choices 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 including approved revisions to the plans. If the map is not produced in AutoCad or another format which can be converted to AutoCad, the City Engineer may accept raster image files in place of AutoCad files. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer", "surveyor", or "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 14. Improvement plans shall be prepared by or under the direct supervision of qualified engineers or landscape architects, as appropriate. 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," 640 v0 P:\stan\tt 29702 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29702 KSL CASITAS CORPORATION MAY 2, 2000 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, 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 City Engineer'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 City Engineer. 15. 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. 16. When final plans are approved by the City, and prior to approval of the final map, 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 choices 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 including approved revisions to the plans. If the map is not produced in AutoCad or another format which can be converted to AutoCad, the City Engineer may accept raster image files in place of AutoCad files. IMPROVEMENT AGREEMENT 17. 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 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 Chapter 13, LQMC. 64L �11 P:\stan\tt 29702 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29702 KSL CASITAS CORPORATION MAY 2, 2000 Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 18. 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 City Engineer. 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 T.V. 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. 19. 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 City Engineer. 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 City Engineer. 20. If improvements are phased with multiple final maps or other administrative approvals (plot plans, site development 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 City Engineer. GRADING 21. 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. 22. Prior to occupation of the project site for construction purposes, the Applicant 64�r) shall submit and receive approval of a fugitive dust control plan prepared in ul2 P:\stan\tt 29702 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29702 KSL CASITAS CORPORATION MAY 2, 2000 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. 23. The applicant shall comply with the City's flood protection ordinance. 24. The applicant shall furnish a thorough preliminary geological and soils engineering report (the "soils report") with the grading plan. 25. A grading plan shall be prepared by a qualified engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report 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. 26. Prior to issuance of building permits, the applicant shall provide a separate certification document, bearing the seal and signature of a qualified 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 between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 96.03 and the following: 27. Stormwater falling on site during the peak 24-hour period of a 100-year storm shall be retained within the development or. directed to an approved retention area unless otherwise approved in the revised specific plan or by the City Engineer. The tributary drainage area shall extend to the centerline Of adjacent public or private streets. 28. The applicant shall construct facilities, approved by the City Engineer, which intercept and percolate nuisance water and prevent flow onto common areas or off -site locations. The facilities shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area. For design purposes, the maxim urS 4 3 percolation rate of native soils shall be two inches per hour. The percolation P:\stan\tt 29702 cc coa.wpd U 13 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29702 KSL CASITAS CORPORATION MAY 2, 2000 rate shall be considered zero unless the applicant provides site -specific data which demonstrates otherwise. 29. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 30. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow outlet and into the historic drainage relief route. 31. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 32. If the applicant proposes drainage of stormwater to off -site locations, the applicant may be required to design and install first -flush storage, oil/water separation devices, or other screening or pretreatment method(s) to minimize conveyance of contaminants to off -site locations. If the drainage will directly or indirectly enter public waterways, the applicant and, subsequently, the applicant and the applicant's successors and assigns shall be responsible for any sampling and testing of effluent which may required under the City's NPDES Permit or other city- or area -wide pollution prevention programs and for any other obligations and/or expenses which may arise from such discharge of the development's stormwater or nuisance water. The tract CC & Rs shall reflect the existence of this potential obligation. UTILITIES 33. 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 City Engineer. STREET AND TRAFFIC IMPROVEMENTS 34. All private street, parking and pedestrian improvements shall comply with the City's General Plan, Zoning Ordinance, Subdivision Ordinance, and current policies except as may be approved in the revised specific plan or by the City Engineer. 644 u14 P:\stan\tt 29702 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29702 KSL CASITAS CORPORATION MAY 2, 2000 35. The City Engineer may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 36. Improvement plans for all on- and off -site streets and access gates shall be prepared by a qualified engineer. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standard and Supplemental Drawings and Specifications, and as approved by the City Engineer. 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 listed structural sections are minimums, not defaults. Street pavement sections shall be designed using Caltrans design procedures with site -specific data for soil strength and traffic volumes. 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 at the time proposed for construction) aggregate gradation test results to 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. 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. If on -site streets are initially constructed with only a portion of the A40 P:\stan\tt 29702 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29702 KSL CASITAS CORPORATION MAY 2, 2000 full thickness of pavement, the applicant shall complete the pavement when directed by the City but in any case prior to final inspections of any of the final ten percent of homes within the tract. QUALITY ASSURANCE 39. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 40. 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. Testing shall include a retention basin sand filter percolation test, as approved by the City Engineer, after required tract improvements are complete and soils have been permanently stabilized. 41. The applicant shall employ or retain qualified 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. 42. 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 43. The applicant shall make provisions for continuous maintenance of drainage, landscaping and on -site street improvements. The applicant shall maintain off - site public improvements until final acceptance of improvements by the City Council. FEES AND DEPOSITS 44. 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. 64 C P:\stan\tt 29702 cc coa.wpd 016 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29702 KSL CASITAS CORPORATION MAY 2, 2000 45. Final Maps under this Tentative Tract Map shall be subject to the provisions of the Development Impact Fee Program in effect at the time of final map approval. FIRE MARSHAL 46. Prior to issuance recordation of final map, applicant/developer shall furnish one blue line 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 shall meet fire flow requirements. Plans shall be signed/approved 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". 47. Fire hydrants in accordance with CVWD standard W-33 shall be located not less than 25 feet or more than 165 feet from any portion of the buildings as measured along approved vehicular travel ways. Minimum fire flow shall be 1,500 gpm for a two hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 48. 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. 49. The minimum dimensions for fire apparatus access roads entering and exiting this project shall have an unobstructed width of not less than 20 feet in each direction and an unobstructed vertical clearance of not less than 13 feet 6 inches. Parking is permitted on one side of roadways with a minimum with of 28 feet. Parking is permitted on both sides of roadways with a minimum of 36 feet. 50. Provide an approved means for turning around fire department apparatus at the end of Lot "C". Provide revised plans for review and approval prior to recordation. MISCELLANEOUS 51. The applicant/developer shall comply with the mitigation measures contained in the Mitigation Monitoring Plan attached to Environmental Assessment 97-343. 52. This map shall be subject to all requirements of SP 121 E, Amendment #4, and 84, SDP 97-607 and shall be revised if necessary prior to recordation. r, P:\stan\tt 29702 cc coa.wpd 0 1 t RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29702 KSL CASITAS CORPORATION MAY 2, 2000 53. Prior to final map approval by the City Council, the applicant/developer shall demonstrate that all parking facilities required by SDP 97-607, Amendment #1 are guaranteed for a period of at least as long as the permitted use in accordance with Section 9.150.030 (B 3 a-c) of the Zoning Code. 54. Developer agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 018 P:\stan\tt 29702 cc coa.wpd RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A PARCEL MAP TO CREATE TWO PARCELS WITHIN THE LA QUINTA RESORT CASE NO.: PARCEL MAP 29724 APPLICANT: KSL DESERT RESORTS WHEREAS, the City Council of the City of La Quinta, California, did on the 2"d day of May, 2000, hold a duly noticed Public Hearing to consider the request of KSL Desert Resorts for subdivision of a 1.93 acre parcel into two parcels located on the west of Avenida Obregon, approximately 380 feet south of Avenida Fernando within the La Quinta Resort Homes area, more particularly described as: Lot 4 of Tract 28545-1 WHEREAS, The Planning Commission of the City of La Quinta, California, did on the 25' day of April, 2000, hold a duly noticed Public Hearing on this request and adopted Resolution 2000-020, recommending approval of Parcel Map 29724, subject to Findings and Conditions of Approval; and, WHEREAS, said Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has determined that this Parcel Map request Is categorically exempted from environmental review pursuant to Section 15315, Class 15, by the Guidelines for Implementation of the California Environmental Quality Act.; 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 approval of said Parcel Map 29724: 1. The Map and its design are consistent with the General Plan and Specific Plan 121-E in that its amended lots are in conformance with applicable goals, policies, and development standards, such as lot size and will provide adequate infrastructure and public utilities. 2. The design of the amended subdivision or its proposed improvements are not likely to create environmental damage or substantially and avoidably injure wildlife or their habitat because the area covered by the amended Map is developed. f 49 pAstan\pm 29724 cc res.wpd Resolution 2000 - Parcel Map 29724 KSL Desert Resorts May 2, 2000 3. The design of the amended subdivision and the proposed types of improvements are not likely to cause serious public health problems because urban improvements are existing or will be installed based on applicable Local, State, and Federal requirements. 4. The design of the amended subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist and access to the resort residential area will be provided to surrounding property owners. 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 approve Parcel Map 29724 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 2"d day of May, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 650 p:\stan\pm 29724 cc res.wpd U 0 0 Resolution 2000 - Parcel Map 29724 KSL Desert Resorts May 2, 2000 ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California p:\stan\pm 29724 cc res.wpd 651 u21 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 29724 KSL CASITAS CORPORATION MAY 2, 2000 GENERAL 1. Upon City Council approval, a memorandum noting that City Conditions of Approval for development applications exist and are available for review at City Hall, shall be recorded against the property with the Riverside County Recorder's office. 2. Tentative Parcel Map 29724 shall comply with the requirements and standards of § § 66410-66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. This map shall expire two years after approval by the City Council unless extended pursuant to the provisions of the Subdivision Ordinance. 3. Prior to the issuance of a grading permit or building permit for construction 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 Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (per letter of April 11, 2000, on file in Community Development Department) • Imperial Irrigation District • California Regional Water Quality Control Board (NPDES Permit) 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 subdivisions requiring project -specific NPDES construction permits, the applicant shall include a copy of the application for the 11 Notice of Intent with grading plans submitted for plan checking. Prior to 5� v�0 P:\stan\pm 29724 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL 29724 KSL DESERT RESORTS MAY 2, 2000 issuance of a grading or site construction permit, the applicant shall submit a copy of the proposed Storm Water Pollution Protection Plan for review and acceptance by the Public Works Department. 4. Provisions shall be made to comply with the terms and requirements of the City's adopted Development Impact Fee program in effect at the time of issuance of building permits. 5. Prior to issuance of a building permit for construction of any building or use contemplated by Tentative Tract Map 29702, Parcel Map 29724 shall be recorded and the parking lot, wall, and landscaping improvements to Parcel 2 shall be constructed per the approved Conditions of Approval for said Parcel Map and Site Development Permit 97-607, Amendment #1. PROPERTY RIGHTS 6. 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 parcel map or a waiver of parcel 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. 7. Prior to approval of a final map, parcel map or grading plan and prior to issuance of a grading permit, the applicant shall furnish proof of temporary or permanent 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. 8. 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 unless the owners specifically agree to the proposed diminishment of access rights. 9. The applicant shall dedicate private street, parking and utility easements or rights of way in conformance with the City's General Plan, Municipal Code, an(653 as required by the City Engineer except as approved in a revised specific plan for the project area. P:\stan\pm 29724 cc coa.wpd U 2 3 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL 29724 KSL DESERT RESORTS MAY 2, 2000 10. 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. 11. 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 MANS) AND PARCEL MAP(S) 12. 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 City Engineer. The files shall utilize standard AutoCad menu choices 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 including approved revisions to the plans. If the map is not produced in AutoCad or another format which can be converted to AutoCad, the City Engineer may accept raster image files in place of AutoCad files. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer", "surveyor", or "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 13. Improvement plans shall be prepared by or under the direct supervision of qualified engineers or landscape architects, as appropriate. 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 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, bW) t paths, gates and entryways, and parking lots. If water and sewer plans are r P:\stan\pm 29724 cc coa.wpd U 2 4 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL 29724 KSL DESERT RESORTS MAY 2, 2000 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 City Engineer'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 City Engineer. 14. 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. 15. When final plans are approved by the City, and prior to approval of the final map, 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 choices 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 including approved revisions to the plans. If the map is not produced in AutoCad or another format which can be converted to AutoCad, the City Engineer may accept raster image files in place of AutoCad files. IMPROVEMENT AGREEMENT 16. 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 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 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. 17. If improvements are secured, the applicant shall provide approved estimates o `3 improvement costs. Estimates shall comply with the schedule of unit costs P:\stan\pm 29724 cc coa.wpd U 2 5 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL 29724 KSL DESERT RESORTS MAY 2, 2000 adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. 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 T.V. cable improvements. However, parcel map 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. 18. 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 City Engineer. 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 construction within the phase unless a construction sequencing plan for that phase is approved by the City Engineer. 19. If improvements are phased with multiple final maps or other administrative approvals (plot plans, site development 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 City Engineer. GRADING 20. 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. 21. 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. 5 22. The applicant shall comply with the City's flood protection ordinance. u26 P:\stan\pm 29724 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - TENTATIVE PARCEL 29724 KSL DESERT RESORTS MAY 2, 2000 23. The applicant shall furnish a thorough preliminary geological and soils engineering report (the "soils report") with the grading plan. 24. A'grading plan shall be prepared by a qualified engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report 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. 25. Prior to issuance of building permits, the applicant shall provide a separate certification document, bearing the seal and signature of a California qualified 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 between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 96.03 and the following: 26. Stormwater falling on site during the peak 24-hour period of a 100-year storm shall be retained within the development or directed to an approved retention area unless otherwise approved in the revised specific plan or by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public or private streets. 27. The applicant shall construct facilities, approved by the City Engineer, which intercept and percolate nuisance water and prevent flow onto common areas or off -site locations. The facilities shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area. For design purposes, the maximum percolation rate of native soils shall be two inches per hour. The percolation rate shall be considered zero unless the applicant provides site -specific data which demonstrates otherwise. 28. The design of the development shall not cause any increase in flood boundarie657 levels or frequencies in any area outside the development. P:\stan\pm 29724 cc coa.wpd 02 1 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL 29724 KSL DESERT RESORTS MAY 2, 2000 29. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow outlet and into the historic drainage relief route. 30. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 31. If the applicant proposes drainage of stormwater to off -site locations, the applicant may be required to design and install first -flush storage, oil/water separation devices, or other screening or pretreatment method(s) to minimize conveyance of contaminants to off -site locations. If the drainage will directly or indirectly enter public waterways, the applicant and, subsequently, the applicant and the applicant's successors and assigns shall be responsible for any sampling and testing of effluent which may required under the City's NPDES Permit or other city- or area -wide pollution prevention programs and for any other obligations and/or expenses which may arise from such discharge of the development's stormwater or nuisance water. The tract CC & Rs shall reflect the existence of this potential obligation. UTILITIES 32. 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 City Engineer. STREET AND TRAFFIC IMPROVEMENTS 33. All private street, parking and pedestrian improvements shall comply with the City's General Plan, Zoning Ordinance, Subdivision Ordinance, and current policies except as may be approved in the revised specific plan or by the City Engineer. 34. The City Engineer may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 653 u28 P:\stan\pm 29724 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL 29724 KSL DESERT RESORTS MAY 2, 2000 35. Improvement plans for all on- and off -site streets and access gates shall be prepared by a qualified engineer. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standard and Supplemental Drawings and Specifications, and as approved by the City Engineer. 36. 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 listed structural sections are minimums, not defaults. Street pavement sections shall be designed using Caltrans design procedures with site -specific data for soil strength and traffic volumes. 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 at the time proposed for construction) aggregate gradation test results to 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. QUALITY ASSURANCE 37. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 38. 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. Testing shall include a retention basin sand filter percolation test, as approved by the City Engineer, after required tract improvements are complete and soils have been permanently stabilized. 651 u29 P:\stan\pm 29724 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL 29724 KSL DESERT RESORTS MAY 2, 2000 39. The applicant shall employ or retain California qualified 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. 40. 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 41. The applicant shall make provisions for continuous maintenance of drainage, landscaping and on -site street improvements. The applicant shall maintain off - site public improvements until final acceptance of improvements by the City Council. FEES AND DEPOSITS 42. 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. 43. Final Maps under this Tentative Parcel Map shall be subject to the provisions of the Development Impact Fee Program on effect at the time of final map approval. FIRE MARSHAL 44. Maintain the 20 foot easement and fire apparatus access turnaround between the tennis court and spa building. MISCELLANEOUS 45. The applicant/developer shall comply with the mitigation measures contained in the Mitigation Monitoring Plan attached to Environmental Assessment 97-343. P:\stan\pm 29724 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL 29724 KSL DESERT RESORTS MAY 2, 2000 46. This map shall be subject to all requirements of SP 121 E, Amendment #4, and SDP 97-607 and shall be revised if necessary prior to recordation. 47. Prior to final map approval by the City Council, the applicant/developer shall demonstrate that all parking facilities required by SDP 97-607, Amendment #1 are guaranteed for a period of at least as long as the permitted use in accordance with Section 9.150.030 (B 3 a-c) of the Zoning Code. 48. Developer agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. P:\stan\pm 29724 cc coa.wpd 661 031 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO PERMIT A PARKING LOT WITHIN THE LA QUINTA RESORT CASE NO.: SITE DEVELOPMENT PERMIT 97-607, AMENDMENT #1 APPLICANT: KSL DESERT RESORTS, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 2"d day of May, 2000, hold a duly noticed Public Hearing to consider the request of KSL Desert Resorts for approval of a parking lot, located on the west side of Avenida Obregon, approximately 380 feet south of Avenida Fernando, more particularly described as: Parcel 2 of Proposed Parcel Map 29724 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 251h day of April, 2000, hold a duly noticed Public Hearing and adopted Resolution 2000-021, recommending approval of Amendment #1 to SDP 97-607, subject to Findings and Conditions of Approval; and, WHEREAS, said Site Development Permit Amendment request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" in that this Site Development Permit Amendment request is categorically exempted from environmental review pursuant to Section 15311, Class 11(b), by the Guidelines for Implementation of the California Environmental Quality Act; and, WHEREAS, upon hearing and considering all testimony and arguments, if any of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify approval of Amendment #1 to Site Development Permit 97-607: 1. The project, as amended, is consistent with the General Plan because the use is supporting the operation of the permitted resort and golf courses within the Specific Plan area. 2. The project, as amended, has been designed to be consistent with the Zoning Code and applicable Specific Plan, subject to the recommended conditions. 3. Processing and approval of this amended project is in compliance with the requirements of the California Quality Act in that it is categorically exempted. 4. The architectural design of the project, as amended, is adequate and compatible 6 6 materials and colors will be used in the reconstruction of the relocated wall. n P:\stan\sdp 97-607 am #1 cc res.wpd U F. Resolution 2000- Site Development Permit 97-607, Amendment #1 May 2, 2000 5. The site design will be acceptable in that the parking lot is similar in layout to others along Avenida Obregon. 6. The project landscaping will be compatible with the resort provided the citrus trees behind the wall are relocated or replaced as recommended. 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 correct and constitute the findings of the City Council in this case; 2. That the City Council does hereby approve an amendment to Site Development Permit 97-607 ; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 2"d day of May, 2000, 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: 663 DAWN HONEYWELL, City Attorney City of La Quinta, California v 3 P:\stan\sdp 97-607 am #1 cc res.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 97-607, AMENDMENT #1 KSL DESERT RESORTS, INC. MAY 2, 2000 GENERAL 1. The use of this site shall be in conformance with the approved exhibits contained in Site Development Permit 97-607, Amendment #1, unless otherwise amended by the following conditions. 2. Amendment #1 permits construction of a 21 parking space lot and eight additional spaces on or adjacent to Avenida Obregon. 3. The approved Site Development Permit Amendment shall be used within one year of the date of approval; otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit or beginning of demolition for installation of the parking. A time extension may be requested as permitted in the La Quinta Zoning Code Section 9.200.080. 4. 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. 5. Final working drawings for the parking lot and additional spaces, substantially conforming to this approval, including all revisions required by the permit shall be submitted to the Community Development Department for approval prior to issuance of a demolition permit by the Building and Safety Department. 6. Prior to the issuance of a demolition, 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 664 A4 P:\STAN\sdp 97-607 am #1 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 97-607, AMENDMENT #1 KSL DESERT RESORTS, INC. MAY 2, 2000 • Riverside Co. Environmental Health Department • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) 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. 7. The project shall incorporate the latest technology in recycling and other means of reducing the amount of waste requiring disposal (land filing), during demolition. Construction, and upon site development/operation. A) prior to issuance of a demolition/building permit, the applicant shall provide proof to the Community Development Department that a recycling company and program has been established for the recycling of construction/demolition debris. B) If the applicant can successfully demonstrate that current provisions exist to meet the requirements of the California Solid Waste Reuse and Recycling Access Act of 1991, the Community Development Director may waive, modify, or delete the requirements of this condition. 8. Site and other applicable plans shall be revised pursuant to requirements of the Historic Preservation Commission prior to issuance of first building permit for "residential specific plan" units. 9. All applicable conditions of Specific Plan 121 E, Amendment #4, and Tentative Tract 28545 and 29702, and Parcel Map 29724 shall be met. 10. Exterior walkway lighting shall be provided. Lighting to be low profile and comply with Municipal Code and not cause annoyance to surrounding properties. Plan to be approved by Community Development Department prior to issuance of building permit. FIRE MARSHAL 11. Fire apparatus roads shall be provided for every building when any portion of the facility or any portion of an exterior wall of the first story of the building is 64-1 P:\STAN\sdp 97-607 am #1 cc coa.wpd A5 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 97-607, AMENDMENT #1 KSL DESERT RESORTS, INC. MAY 2, 2000 located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility. This requirement shall be complied with prior to issuance of a building permit. 12. Other requirements of the Fire Marshal shall be determined during the plan check process. FEES 13. 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. 14. The applicant shall comply with the terms and requirements of the development impact fee program in effect at the time of issuance of building permits. MISCELLANEOUS 15. Prior to final map approval of Tentative Tract Map 29702 by the City Council, the applicant/developer shall demonstrate that all parking facilities required by Tentative Tract Map 29702 and provided by this approval are guaranteed for a period of at least as long as the permitted use in accordance with Section 9.150.030 (B 3 a-c) of the Zoning Code. 16. Parking provided by this approval shall be to fulfil the parking requirements for Tentative Tract 29702 and Tract 28545 (Resort Homes). 17. Final landscaping and irrigation plans for the area adjacent to the new wall along Avenida Obregon shall be submitted to the Community Development Department for approval prior to issuance of the building permit for the wall. Landscaping to include eleven relocated or new specimen (minimum 60" box size) citrus trees to replace those removed to install the parking spaces. 666 A6 P:\STAN\sdp 97-607 am #1 cc coa.wpd v�0 TENTATIVE TRACT NO. 29702 ATTACH LA C2UNTA RESORT & CLUB IMED CITY OF LA GI�ITA ` MAE yw 8 RAI erL.� f f v Ir Qi worm wI Ur y 1 M ti ,T K IIIeIr:: RTS �' p rn R,V On e f' L Ir t r S Ir I IT t r (AAe pmm L' ON 0B it �« I010ea orwr oiwwr are I� � 16�13ler yummy IERP No 10 mu - OAS A IOrA awe Oeetsry l0 >116-I.r 1aw 7L%1-6 M K OR1' Orr u QY"M m�r a °ra�rt fw011w ADMEASCM 111 a lIreel 4m cBmaeem 3.17 AC. LW TABULATION Lm m lMLW MS I 210Rn SO - sa IOA Ib /a6 M A L F SO� _ aLrl we LN AM we _ pulp" • eemr rs Ir W m POW tor LH AM VIOL ]A Om IJ1iTB TABULATION UNIT TYPE &L MUMKR Or UMrtS M 1 IMI 7 Moll M 1 M] 1m re M son M 1 2= O IIMA AMY A IM OrA - OA/eU ASA O HrR r9-1rMP AMA WORK; 16 - MOBIL 11 MOME alclo amour mom - YeOI IerR mom: A[ ewl M ME GROOM ILL It ACCOWPUPOID 0 m ILL w . MI Ir OIr11r>. A M rO1m. 6 CRY now M Olf 11MW rL �rM Y OT' IY�Irt � aSMrrA lr A�rrl O w[ an area. Lamm A0r 0eeeer nso' w ut ® w nel enr 0 is m 00 121 PREPARED: MARCH 3, 2000 REVISED: MARCH S. 2000 REVISED: MARCH 24. 2000 n IA O1rIA M 2235I oval M ONE ® UEVELAPMENT CORPORATION 00-920 PGA Boulevard (760) 684-ODDO • le Quiata. CA V2253 FAX (70D) 004-SM f.w .a�IQ MD�YO• COY/YL T/YI . m.wl w NY a r m.an B i M HummIll, 110101101111 MA NT 2 6r, V u39 t -.J TENTATIVE PARCEL MAP NO. 29724ATTACH LA QUINTA RESORT AND CLUB CITY OF LA jQUWA QI(1I/µ R NNI � x Ir Nit PAPO mm "rfi. Z86dCx; 'A PA w T r J l 1T 1r Ir . IINI�f Irk V V V V r au AVBoA GBf ON an NUN A 3011t S r rr O Z 0 15 30 a 120 DAT[ MRPAN W. MARCH 14, 2000 N�11['071� t� R W♦Mf O�N� Y mow• 1.93 AC. LOT TABILAMN LOT 19L ACRE" pNR I - ow WAR Imm f AI Na a'AM w - mlo�u 1111rr NNw emv a� - mww wler rw INR7 «- x aN aelrrr g61N1f - !� 1TNNC x �nllati QUIQ �� wl;v UNNUNf NNN� W Ut ._______-___ cow dYU I�i�l MM Ci/ Dzymom ® DESERT RESORTS, INC. 86-620 PGA B-16-ard (760) 864-1008 L Qalnta. CA 9= FAX (700) 664-4800 �� 6 a—�T M rnm old, sass amass ENT #3 '''u40 ATTACHMENT 6 Planning Commission Meeting April 25, 2000 For the Commiss that have one ga exit only. A f's information, another community in the City is Tradition which also only has an emergency 36. Commissioner lyler asked if a left turn sign were instaPed on Calle Rondo, whatjhuthority does the City have to entforce it. City Attorney Da n Honeywell stated that if it is on 'ivate property, the Sheriff' Department cannot °enforce t'r.. 37. Chairman irk stated they wo it canno a done in this settl 38. There eing no further discus,, Com issioners Butler/Abels Res ution 2000-018 recomrir Tr t 25389, Amendment ROLL CALL: AYES: Corn . N None. Iike to see "a 0Wt b , soluti ,as moved and seconded by d0pt Planning Commission nding to the City Council denial of Butt, Robbins, Tyler, and ABSENT: None. ABSTAIN: 1. C " 'n 'Kirk opened the continued 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 staff to clarify how many units were approved for each side of the street as there appeared to be a shortfall of 21 that will not be built. In addition, he asked where the handicapped parking would be. Staff stated they will have to comply with state requirements in regard to any handicapped parking. In regard to the unit count, there will be 68 on the west C:\My Documents\WPDOCS\PC4-25-20.wpd 8 V0 (141 Planning Commission Meeting April 25, 2000 side and 30 on the east side for a total of 98 units. A total of 114 were approved, but the applicant has reduced the number of units to be constructed. Commissioner Tyler asked where the requirement for one parking space for each bedroom came from. Staff stated it was a requirement of the Specific Plan. Commissioner Tyler asked if any of the tennis courts would be removed. Staff stated no recreational.:, amenft es would be removed. 671_ A2 C:\My Documents\WPDOCS\PC4-25-20.wpd 9 Planning Commission Meeting April 25, 2000 re befifiV no further public comment, Chairman Kirk closed the lip participation portion of the hearing and opened it for 't ission discussion. 8. Commissioner Tyler asked the City Attorney as to whether Mr. Davis' letter had any bearing on their decision. City Attorney Dawn Honeywell stated that in regard to a private easement for Avenida Fernando which is a private street, the City does not get involved with matters that are to be resolved by the private parties. As to environmental concerns, these are appropriate to be addressed and if the Commission determines the need to address them, then mitigation measures should be imposed. C:\My Documents\WPDOCS\PC4-25-20.wpd 10 Planning Commission Meeting April 25, 2000 9. Chairman Kirk asked why a complete EIR was not done. Staff stated because this is a revised project and did not create any additional concerns. There was an original EIR and then a Mitigated Negative Declaration was required with focused studies. Therefore, no additional environmental studies were,rteeded. 10. Commissioner Tyler noted that as there are, ,"s, units being built, tg therefore, the impact had alrea een less#ned In regard to the staff report, Condition #17, shld be chart.,ged teelocate". 11. Commissioner Robbins stated that as they � are punting lhless,16' its, it is a compensation to be co ed. He would hole K would move forward to resolve some,, tk�e issues raised by the residents regarding the loading and unloading# 12. Commissioner Abels stated he had no issues<xwith the project. 13. There being no further dl§o4obn t was moved and seconded by Commissioners eels/Robb'rrtsa€dcpt Planning Commission Resolution 200,0-019 recomm 0' approval of Tract 29702, subject to theFindings and Conditions of Approval as submitted. ROLL CALL; AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. It was moved and seconded by Commissioners Tyler/Abels to adopt Planning Commission Resolution 2000-021 recommending approval of Site Development Permit 97-607, Amendment #1, subject to the Findings and Conditions of Approval as amended: a. Condition #17: Wording changed to "replace or relocate" ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 044 673 -.\AA.. I1 In .... A 11 9 'oe/��i Steve Davis 77-500.Avenida Fernando La Quinta, CA 92253 Honorable Mayor Pena and City Council City of La Quinta May 1, 2000 Re: KSL Casitas Corporation and KSL Desert Resorts, Inc Tentative Tract 29702, Tentative Parcel 29724 Site Development Permit 97-607, Amend. #1 Dear Mayor and City Council: (1) KSL does not have its operations and infrastructure adequately controlled to enable an expansion. Continuous violations of the La Quinta noise ordinance because of trucks in the delivery bay and on the street. The driveway and delivery bay are not designed for trucks the size that are delivering to the resort. The easement on Fernando does not allow for either construction or delivery vehicles. The delivery trucks are a safety risk to all pedestrian and vehicular traffic on Fernando. They routinely back across two lanes of traffic into the delivery driveway. (2) The environmental report obtained by KSL and The City of La Quinta are inadequate and predicated on faulty assumptions. A full environmental impact report should have been obtained. The negative declaration and the assessment are inadequate. The cove is home to protected wildlife and plantlife. The traffic study suggest characterizing Fernando as a collector street. Fernando is a private street with an easement for local residents and guests only. Neither KSL nor the City of La Quinta may recharacterize it. KSL is dealing with its parking shortage, resulting from the removal of the parking lots when the new casitsas were built by having employee shuttled in from an Eisenhower location. The shuttles are diesel. Diesel exhaust is a known carcinogen, requires a Proposition 65 warning, and is totally inappropriate to a cove environment where air circulation is restricted. The traffic study took as its base period the month of August and then made a 7% adjustment upwards. This is not an adequate adjustment. The traffic study did not assume that there would be Mazatlan gates to the Casitas. Nor did the study assume that the Mazatlan gates to the Casitas would be kept shut and thereby all Casita traffic would be routed down Fernando. (3) KSL does not have the right to use Fernando for its construction vehicles. Sincerely, Steve Davis RECEIVED 2000 APR 25 PH 1: 35 Steve Davis C I T Y 0 IF L A 0 U I N T7a-500 Avenida Fernando CITY CLER I 'S OFFICILa Quinta, CA 92253 Planning Commission City of La Quinta Honorable Mayor Pena and City Council City of La Quinta Ms. Dawn Honeywell, City Attorney City of La Quinta April 24, 2000 Re: KSL Casitas Corporation and KSL Desert Resorts, Inc Tentative Tract 29702, Tentative Parcel 29724 Site Development Permit 97-607, Amend. #1 00 ec��✓ e� I live at 77-500 Avenida Fernando. It is the eleven acres directly across the street from the La Quinta Resort on Fernando. I have lived there since last October. I also own two properties in the Mountain Estates. I wish to address several issues. They are not all related. I object to the additional development of 30 planned Casitas. I object to the description or characterization of these units as "Casitas" or anything other than hotel units. I object to any further encroachment on the tennis facilities. I object to any further destruction of the historically significant bungalows which KSL intends to demolish. I object to the planned density of the development. (1) The City Council should not grant a permit for the development of the 30 Casitas because KSL does not have any right to bring construction vehicles down Fernando. - Several years ago Landmark negotiated for an easement for ingress and egress of residents in the Cove communities. -The easement is a matter of public record. -The easement language is very specific. -The easement does not allow usage by either construction or delivery vehicles. (2) I have put KSL on written notice that I am objecting to any construction or delivery vehicle usage on Fernando. 67G S. Davis - pg. 2 (3) The environmental assessment is inadequate and is premised on faulty assumptions. -The environmental assessment did not assume that KSL would put gates on the 100 "Casita" development at the Mazatlan entrance of the Casitas. -These gates and the main Mazatlan gate necessarily route all "Casita" traffic down Fernando. (4) I have obtained legal opinions that this usage clearly constitutes overburdening of the easement. -I have objected in writing to this to KSL. (5) The current noise levels violate La Quinta's ordinance. -The Convention Center and its delivery bay were poorly designed. -It is impossible for delivery trucks to turn into Fernando without going a substantial distance in reverse. -These large trailer type trucks can be heard loudly on my property and in the Mountain Estates. (6) The Convention facilities are using mobile generators which set up electric magnetic fields, emit diesel fuel and pose environmental health risks. The environmental report is faulty because the traffic count was made during August. The adjustment for normal usage is 7%. This adjustment is inadequate as traffic in August is less then one quarter normal traffic. The environmental report is faulty because it does not take into account the diesel shuttle system KSL is currently using to move its employees on and off the resort. The diesel emissions are polluting the air in the resort cove area. No adequate study of the air pollution in the confines of the resort cove has been obtained. (7) The La Quinta Resort Specific Plan Amendment Number 4 Traffic Analysis is faulty because it is based on false assumptions. -Avenida Fernando is not a City Street. It is a private road, access to which is granted exclusively by a recorded easement. The easement is specific. It does not allow construction or delivery vehicles. -The easement has been overburdened. -The Traffic Analysis does not discuss the congestion problems caused by huge delivery vehicles which must back down Fernando to access the Resort delivery areas. -The Traffic Analysis does not include KSL employee traffic on golf carts. Hundreds of trips per day occur on Fernando. The City of La Quinta should be very reluctant to grant any development permits when they are on notice that the owner of the road which is the only intended access to the planned development intends to go to court if necessary to clarify the extent to which the easement may be used in the future. 677 Davis. Pg. 3 As far as the request for additional parking, there are similar issues. KSL represented before the planning commission and the City Council that they were providing sufficient parking as part of the 100 Casita development. As it is now, Obregon is dangerously overcrowded. It would have been simple for KSL to have anticipated that the intended use of the 100 units as hotel rooms would have required more parking. The result would have been a smaller development. It is unfair for them to now request special permission to remove still more open space from the tennis facility so they can satisfy a parking problem they have created and will now exacerbate with more development. As I understand it, Obregon itself is too small to be a legal road. The city should be very careful about allowing further congestion of a street which they have already allowed to be overused. The parking will make it still more unsafe. In the event that the City grants KSL a permit for further development on Obregon, I will be forced to obtain a legal determination of all parties' respective rights to the easement. Sincerely, Steve Davis s,� T4ht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 2, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Continued Public Hearing on Tentative Tract 29624, a Request for Approval to Subdivide 2.44 acres into PUBLIC HEARING: Ten Single Family Residential Lots, Three Landscape Lots, and a Private Street Lot, Located on the East Side of Adams Street, North of Miles Avenue. Applicant: World Development RECOMMENDATION: 1. Adopt a Resolution of the City Council certifying a subsequent Mitigated Negative Declaration of Environmental Impact for EA 99-382; and 2. Adopt a Resolution of the City Council approving Tentative Tract 29624, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: As directed by the City Council, a meeting was held on April 21, 2000, with Council Members Sniff and Henderson, four homeowners, the applicant and his engineer, and Public Works and Community Development staff in attendance. Significant issues raised at the April 18, 2000 Council meeting were discussed, such as grading, access from Adams Street, location of the gate, etc. A copy of the April 18, 2000 Council meeting Minutes is attached (Attachment 1). A copy of the April 18, 2000 Council report is included as Attachment 2. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: A� P:\LESLIE\ccrptTTM29624World5-2-2000.wpd 1. Adopt a Resolution of the City Council certifying a subsequent Mitigated Negative Declaration of Environmental Impact for EA 99-382; and Adopt a Resolution of the City Council approving Tentative Tract 29624, subject to the Findings and Conditions of Approval; or 2. Do not adopt a Resolution of the City Council certifying a subsequent Mitigated Negative Declaration of Environmental Impact for EA 99-382; and Do not adopt a Resolution of the City Council approving Tentative Tract 29624; or 3. Provide staff with alternative direction. Respectfully subrpitted, -y Her an mmun' y Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . City Council Minutes of April 18, 2000 2. Staff report of April 18, 2000 6 lot- P:\LESLIE\ccrDtTTM29624World5-2-2000.WDd RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING SUBSEQUENT MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR TENTATIVE TRACT MAP 29624 TO ALLOW THE SUBDIVISION OF 2.44 ACRES INTO 10 SINGLE FAMILY RESIDENTIAL LOTS, ONE STREET LOT, AND THREE LANDSCAPING LOTS, LOCATED ON THE EAST SIDE OF ADAMS STREET, APPROXIMATELY 360 FEET NORTH OF MILES AVENUE SUBSEQUENT ENVIRONMENTAL ASSESSMENT 99-382 WHEREAS, the City Council of the City of La Quinta, California, did on the 181h day of April, 2000, and 2"d day of May, 2000 hold duly -noticed Public Hearings as requested by World Development on the Subsequent Environmental Assessment for Tentative Tract Map 29624, located on the east side of Adams Street, approximately 360 feet north of Miles Avenue; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 281h day of March, and the 1 1 th day of April, 2000, hold a duly -noticed Public Hearing as requested by World Development on the Subsequent Environmental Analysis for Tentative Tract Map 29624, and did recommend certification by Planning Commission Resolution 2000-013; and, WHEREAS, said Subsequent Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended, Resolution 83-63, in that the Community Development Director has conducted an Initial Study and has determined that although the proposed subdivision and residential units could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made conditions of approval and a Mitigated Negative Declaration of Environmental Impact should be filed; and, WHEREAS, a Mitigated Negative Declaration of Environmental Impact was certified for EA 99-382, by Resolution No. 99-074, prepared for CUP 99-044, SDP 99- 655, and TPM 29288, for the First School of the Desert, to be developed on Parcel 1 of TPM 29288; and, 6IS41 UO3 P:\CCEARESttm29624wORLD4-18-2000.wpd Resolution 2000- Tentative Tract Map 29624 -Recommended World Development May 2, 2000 WHEREAS, the proposed subdivision is on Parcel 2 of TPM 29288; and, WHEREAS, the La Quinta City Council did find the following facts to justify certification of said Subsequent Environmental Assessment: 1 . The proposed tentative tract map will not have the potential to degrade the quality of the environment, with the implementation of mitigation measures, as the noise, biology, geotechnical, hydrological, and cultural resources studies prepared for this project did not identify any significant impacts that could not be reasonably mitigated to levels of insignificance. 2. The proposed tentative tract map will not have the potential to achieve short term goals to the disadvantage of long-term goals, with the successful implementation of mitigation, as the noise, biology, geotechnical, hydrological, and cultural resources studies prepared for this project did not identify any significant impacts with regard to this issue. 3. The proposed tentative tract map will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity, as the noise, biology, geotechnical, hydrological, and cultural resources studies prepared for this project did not identify any significant impacts with regard to this issue. 4. The proposed tentative tract map will not have environmental effects that will adversely affect human, either directly or indirectly, with the implementation of mitigation, as the noise, geotechnical, and hydrological studies prepared for this project did not identify any significant impact with regard to the public health, safety, or general welfare. 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 correct and constitutes the findings of the City Council in this case; 2. That it does hereby certify the environmental determination and mitigation measures of Subsequent Environmental Assessment 99-382 for proposed Tentative Tract Map 29624. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2"d day of May, 2000, by the following vote, to wit: P:\CCEARESftm29624wORLD4-18-2000.wpd Resolution 2000- Tentative Tract Map 29624 -Recommended World Development May 2, 2000 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 City of La Quinta P:\CCEARESttm29624wORLD4-18-2000.wpd 2. 3. 0 SUBSEQUENT NEGATIVE DECLARATION Environmental Checklist Form - EA 99-382 Project Title: TTM 29624 & SDP 2000-675 Lead Agency Name and Address: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, Ca 92253 Contact Person and Phone Number: Leslie Mouriquand, Associate Planner 760-777-7068 Project Location: Northeast corner of Adams Street and Miles Avenue 5. Project Sponsor's Name and Address: World Development 74-333 Hwy. 111, Suite #103 Palm Desert, CA 92260 6. General Plan Designation: Low Density Residential (LDR) T Zoning: Low Density Residential (RL) 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Subdivision of 2.44 gross acres into 10 single family residential lots, one street lot, and three landscape lots on Parcel 2 of TPM 29288. On Parcel 1 (1.42 acres) a 7,065 square foot preschool building with parking area and play yard (approved under SDP 99-655, CUP 99-044, & TPM 29288) are approved for development. The Planning Commission certified the Mitigated Negative Declaration of Environmental Impact (EA 99-382), which included the entire map area with the exception of issues relating to the proposed tract units. The applicant also requests approval of architectural, landscaping, and site/grading plans for four prototype single family residential plans. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. North= Single family residences East = Single family residences South = Approved preschool campus West = Church, Single family residences across Miles Avenue 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) None identified. 6 8 4. u 06 P:\EA99-382checklistSubsequent negdecTM29624Wor1d3-28-00.wpd -1- Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality X Biological Resources Cultural Resources Geology and Soils Determination Hazards and Hazardous Materials Hydrology and Water Quality Land Use Planning Mineral Resources Noise Population and Housing (To be completed by the Lead Agency.) On the basis of this initial evaluation: Public Services Recreation Transportation/Traffic Utilities and Service Systems Mandatory Findings I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A SUBSEQUENT MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 11 I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date LESLIE MOURIOUAND CITY OF LA OUINTA Printed Name For U O -2- Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analysis," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVIII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The analysis of each issue should identify: a) the significance criteria or threshold used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance 68ti PAEA99-382checklistSubsequent negdecTM29624Wor1d3-28-OO.wpd U 0 E -3- Potentially Potentially Significant Less Than Significant Unless Significant No Issues (and Supporting Information Sources): Impact Mitigated Impact Impact Would the proposal result in potential impacts involving: I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? (Master X Environmental Assessment, Pg. 5-13; EA 99-382; architectural and landscaping exhibits) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Master Environmental Assessment, Pg. 5-13; Love and Tang, 1999; EA 99-382) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (EA 99-382; Architectural and landscaping exhibits) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (TTM 29624) II. AGRICULTURAL RESOURCES:. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (Master Environmental Assessment, pg. 2-23; EA 99-382) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (City Zoning Map; EA 99-382) c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? (Master Environmental Assessment, pg. 2-23; EA 99-382) III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (Master Environmental Assessment, pg. 5-33 to 5-47; EA 99-382) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Air Quality Handbook, Fig. 5-1, Table 6-2; EA 99-382) c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? ( SCAQMD CEQA Handbook, pg. 6-1, Table 6-2; EA 99-382) X /1 /1 KI X X X X P:\EA99-382checklistSubsequent negdecTM29624Wor1d3-28-00.wpd -4- d) Create or contribute to a non -stationary source "hot spot" (primarily carbon monoxide)? (SCAQMD CEQA Handbook, Table 9-5-M; EA 99-382) e) Expose sensitive receptors to substantial pollutant concentrations? (SCAQMD CEQA Handbook, Fig. 5-4; EA 99-382) f) Create objectionable odors affecting a substantial number of people? (SCAQMD CEQA Handbook, Fig. 5-4; EA 99-382) IV. BIOLOGICAL RESOURCES: Would the project: a) Adversely impact, either directly or through habitat modifications, any endangered, rare, or threatened species, as listed in Title 14 of the California Code of Regulations (sections 670.2 or 670.5) or in Title 50, Code of Federal Regulations (sections 17.11 or 17.12)? (Cornett, 1999; Fish & Wildlife Service letter; Master Environmental Assessment, pg. 5-5; EA 99-382) b) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Cornett, 1999; Master Environmental Assessment, pg. 5-5; EA 99-382) c) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Cornett, 1999; Master Environmental Assessment, pg. 5-5; EA 99-382) d) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) Either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? (Cornett, 1999; Master Environmental Assessment, pg. 5-5; EA 99-382) e) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (Cornett, 1999; Master Environmental Assessment, pg. 5-5; EA 99-382) f) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (Master Environmental Assessment, pg. 5-5; EA 99-382) g) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (Cornett, 1999; Master Environmental Assessment, pg. 5-5; EA 99-382) V. CULTURAL RESOURCES: Would the project: X X X X X X X a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? (Love and X Tang, 1999; EA 99-382) P:\EA99-382checklistSubsequent negdecTM29624Wor1d3-28-00.wpd-5- �aU b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? (Love and Tang, 1999; EA 99-382) c) Disturb or destroy a unique paleontological resource or site? (Paleonotological Lakebed Determination Map; EA 99-382) d) Disturb any human remains, including those interred outside of formal cemeteries? (Love and Tang, 1999; EA 99-382) VI.. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Master Environmental Assessment, pg. 6-7; EA 99-382) ii) Strong seismic ground shaking? (Master Environmental Assessment, pg. 6-7; Sladden Engineering, 1999; Anderson, 2-29- 2000) iii) Seismic -related ground failure, including liquefaction? (Master Environmental Assessment, pg. 6-7; EA 99-382; Anderson, 2-29- 2000) iv) Inundation by seiche, tsunami, or mudflow? (Master Environmental Assessment, pg. 6-7; EA 99-382) v) Landslides? (Master Environmental Assessment, pg. 6-7; EA 99- 3 82) vi) Flooding, including flooding as a result of the failure of a levee or dam? (Master Environmental Assessment, pg. 6-13; EA 99-382) vii) Wildland fires, including where wildlands are adjacent to urbanized areas and where residences are intermixed with wildlands? (Fire Dept. Letter, 6-8-99; USGS Topo map, LA Quinta, 7.5'; EA 99- 382) b) Would the project result in substantial soil erosion or the loss of topsoil? (Master Environmental Assessment, pg. 6-12; de la Torre, 9- 2-1999- hydrology report; EA 99-382) c) Would the project result in the loss of a unique geologic feature? (Aerial photos of project area; EA 99-382) d) Is the project located on strata or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off -site landslide, lateral spreading, subsistence, liquefaction or collapse? (Anderson, 2-29-2000; EA 99-382) 94 X X GI 1, /:/ X X X X KI /1 in e) Is the project located on expansive soil creating substantial risks to life or property? (Sladden Engineering, 1999; EA 99-382) X f) Where sewers are not available for the disposal of waste water, is the soil capable of supporting the use of septic tanks or alternative waste water disposal systems? (Sladden Engineering, 1999; CVWD letter, 2-16-2000; EA 99-382) VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials; Ea 99-382) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (Application materials; EA 99-382) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials; EA 99-382) d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (EA 99-382) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (USGS topo map, LA Quinta 7.5'; EA 99-382) t) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? (USGS topo map, La Quinta 7.5 ; EA 99-382) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Application materials; EA 99-382) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Fire Dept. Letter, 6-8-99; EA 99-382) VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (Application Materials; EA 99-382) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (CVWD letter 2-16-2000; Ea 99-382) X X /1 X X 0 X 11 0 91 F` � t f� U t �. P:\EA99-382checklistSubsequent negdecTM29624World3-28-OO.wpd -7- c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (De la Torre, Hydrology report 9-2-99; EA 99-382) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (De la Torre, Hydrology report 9-2-99; EA 99-382) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control ? (de la Torre, Hydrology report 9-2-99; Ea 99-382) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment, 6-7; EA 99-382) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment 6-7; X Application Materials; EA 99-382) IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (General Plan, pg. 2- 17; Ea 99-382) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local costal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (General Plan, pg. 2-17; EA 99-382) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (CV Fringe -toed Habitat Conservation Plan; EA 99-382) X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment, pg. 5-29; EA 99-382) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment, pg. 5-29; Ea 99-382) XI. NOISE: Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Greve and Utsler, 2-29-2000) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (Greve and Utsler, 2-29-2000) 0 0 /:/ M X // c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Greve and Utsler, 2-29-2000) d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Greve and Utsler, 2-29-2000) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Riverside County comprehensive General Plan; Ea 99-382) f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (Riverside County Comprehensive General Plan; EA 99-382) XII. POPULATION AND HOUSING: Would the project: XIII. XIV a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) ? (Application materials; EA 99-382) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application materials; EA 99-382) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application materials; EA 99-382) PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (Fire Dept. Letter, 2-15-2000) Police protection? (Riv. Co. Sheriff's Dept. Letter, 6-18-99; Ea 99- 3 82) Schools? (DSUSD letter, 2-4-2000) Parks? (EA 99-382) Other public facilities? (EA 99-382) RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials; EA 99-382) X X M 1.1 X X X X X X � ---� X n P:\EA99-382checklistSubsequent negdecTM29624World3-28-OO.wpd I . v 14 -9- XV. XVI. b) Does the project include recreational facilities or require the X construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials; EA 99-382) TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Traffic Study 9-8-99; EA 99-382) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Traffic study 9-8-99; EA 99-382) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Master Environmental Assessment; EA 99-382) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment) ? (application materials; EA 99-382) e) Result in inadequate emergency access? (Application materials; EA 99-382) f) Result in inadequate parking capacity? (Zoning Ordinance; Application materials; EA 99-382) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks) ? (Zoning Ordinance; EA 99-382) UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (CVWD letter 2-26-2000, EA 99-382) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (CVWD letter, 2-16-2000; EA 99-382) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (CVWD letter, 2-16- 2000; Ea 99-382) d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (CVWD letter, 2-16-2000) e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (CVWD letter, 2-16-2000) 94 X X-1 X X X X X X X X X P:\EA99-382checklistSubsequent negdecTM29624World3-28-OO.wpd -io- f) Is the project served by a landfill with sufficient permitted capacity X to accommodate the project's solid waste disposal needs? (General Plan 7-4; EA 99-382) XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (EA 99-382) b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (EA 99-382) c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects)? (EA 99-382) d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? (EA 99-382) XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. (REFERENCES CITED ON FOLLOWING PAGE) 11 0 0 X 69�1 P:\EA99-382checklistSubsequent negdecTM29624World3-28-OO.wpd U I c -11- REFERENCES CITED SCAQMD Draft CEQA Air Quality Handbook, May 1992. Love, Bruce and Tom Tang Cultural Resources Report: First School of the Desert, February 5, 1999, CRM TECH. Cornett, James W. Biological Inventory and Impact Analysis of the proposed Hastings Nursery School Site, July 26, 1999. Riverside County Fire Department Letter dated 2-15-2000. Coachella Valley Water District Letter dated 2-16-2000. Sladden Engineering Geotechnical Investigation: First School of the Desert, NE corner Adams Street and Miles Avenue, La Quinta, California. August 23, 1999. Greve, Fred and Keith Utsler Noise Analysis for Tentative Tract 29624. Feb. 29,2000. Mestre Greve Associates Riverside County Riverside County Comprehensive General Plan. De LaTorre, Julian First School of the Desert/La Quinta Preliminary Hydrology Report. Sept. 2, 1999, Mainiero Smith & Associates. First School of the Desert/La Quinta Traffic Analysis Report. Sept. 8, 1999, Mainiero Smith & Associates. City of La Quinta General Plan, 1992. City of La Quinta Master Environmental Assessment, 1992. Anderson, Brett L. Geotechnical Addendum: Tract 29624. Feb. 29,2000 Sladden Engineering Architectural and landscaping exhibits 6J 7 P:\EA99-382checklistSubsequent negdecTM29624World3-28-OO.wpd t -12- RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP TO SUBDIVIDE 2.44 GROSS ACRES IN THE LOW DENSITY RESIDENTIAL ZONING DISTRICT INTO TEN SINGLE FAMILY LOTS, ONE PRIVATE STREET LOT, AND THREE LANDSCAPE LOTS LOCATED ON THE EAST SIDE OF ADAMS STREET, APPROXIMATELY 360 FEET NORTH OF MILES AVENUE CASE NO.: TENTATIVE TRACT MAP 29624 APPLICANT: WORLD DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did on the 18th day of April, 2000, and 2"d day of May, 2000, hold duly noticed Public Hearings at the request of World Development to subdivide 2.44 acres in the Low Density Residential Zoning District into ten single family residential lots, one private street lot, and three landscape lots, generally located on the east side of Adams Street, 360 feet north of Miles Avenue; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28th day of March, and the 11th day of April, 2000, hold a duly noticed Public Hearing at the request of World Development to subdivide 2.44 gross acres in the Low Density Residential Zoning District into ten single family residential lots, one street lot, and three lettered landscape lots generally located on the east side of Adams Street, 360 feet north of Miles Avenue, and unanimously recommended approval under Planning Commission Resolution 2000-014, more particularly described as: Parcel 2 of Tentative Parcel Map 29288 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 approve said Tentative Tract Map 29624: Finding Number 1 - Consistency with CEQA Subsequent Environmental Assessment 99-382 was prepared for the proposed residential subdivision with a recommended Mitigated Negative Declaration of Environmental Impact. Special studies for noise, geotechnical issues, biology, cultural resources, and hydrology were prepared for the environmental review. With the implementation of the recommended mitigation measures for noise and biological issues, impacts will be mitigated to a level of insignificance. P:\LESLIE\ccresTTM29624World4-18-OO.wpd 9 0 018 Resolution 2000- Tentative Tract 29624- Recommended World Development May 2, 2000 Finding Number 2 - Consistency with the General Plan The proposed tentative tract map is consistent with the City's General Plan with the implementation of Conditions of Approval to provide for adequate stormwater drainage for each lot, and the appropriate cul de sac radius width of 45 feet. The project proposes 4 dwelling units per acre which is consistent with the Low Density Residential land use designation of 2 to 4 dwelling units per acre. Finding Number 3 - Consistency of Design and Improvements The design and improvements of the proposed subdivision are consistent with the City's General Plan, with the implementation of recommended conditions of approval to ensure proper sidewalk widths and location, and timing of their construction. Finding Number 4 - Consistency of Public Easements As conditioned, the design of the subdivision and type of improvements, acquired by the public at large, for access through or use of property within the proposed subdivision will not conflict with such easements. Finding Number 5 - Public Health and Safety The design of the subdivision and type of improvements are not likely to cause serious public health problems, in that this issue was considered in Environmental Assessment 99-382 and Subsequent Environmental Assessment 99-382, in which no significant health or safety impacts were identified for the proposed project. Finding Number 6 - Suitability of Site The site of the proposed subdivision is physically suitable for the proposal as slopes do not exceed 20% and there are no identified geological constraints on the property that would prevent development pursuant to the geotechnical study prepared for the subdivision. 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; 6 9 010 P:\LESLIE\ccresTTM29624World4-18-OO.wpd Resolution 2000- Tentative Tract 29624- Recommended World Development May 2, 2000 2. That it does hereby require compliance with those mitigation measures required for Tentative Tract Map 29624; 3. That it does approve Tentative Tract Map 29624 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 2"d day of May, 2000, 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 693 0� P:\LESLIE\ccresTTM29624World4-18-OO.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29624 WORLD DEVELOPMENT May 2, 2000 GENERAL 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 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 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 • 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. 6-9 n wJ P:\LESLIE\CCCOATTM29624wORLD4-18-00.wpd 1 V Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29624 - World Development May 2, 2000 4. Final maps under this tentative map shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of final map approval. 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. Rights of way and easements required of this map include: A. PUBLIC STREETS 1) Adams Street: 44-foot half of an 88-foot right of way. B. PRIVATE STREETS 1) Ladera Drive: 29-foot width with parking provided on -site and enforced by the Homeowners' Association. The cul de sac bulb shall be similar in form to Riverside County Standard 800 with 45- foot radius, unless the General Plan requirement is changed to allow a smaller radius. C. LANDSCAPE LOTS AND DRAINAGE EASEMENT 2) The applicant shall create lettered common landscape lots at the north end of the cul de sac (approximately 60 feet wide) and of the easterly 75 feet, plus or minus, of Lot 10 for maintenance by the homeowner's association. The applicant shall grant a permanent easement across the latter lot or a portion thereof, as necessary, to accept and convey drainage from Parcel 1 of Tentative Parcel Map 29288. ! Gail r n P:\LESLIE\CCCOATTM29624wORLD4-18-OO.wpd 2 Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29624 - World Development May 2, 2000 8. 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. 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. 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. 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 Adams Street with the exception of the temporary construction access. 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. 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 14. 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. P:\LESLIE\CCCOATTM29624wORLD4-18-OO.wpd 3 Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29624 - World Development May 2, 2000 FINAL MAPS) AND PARCEL MAP(S) 15. 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. 16. 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. 17. 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. 18. 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 P:\LESLIE\CCCOATTM29624wORLD4-18-OO.wpd 4 7 0 AZ U 2 4 Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29624 - World Development May 2, 2000 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 19. 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 construct additional improvements subject to reimbursement by others, 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, the applicant shall, at the time of approval of a map or other development or building permit, reimburse the City for the cost of those improvements. 20. 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. 21. If improvements required herein have been previously secured with the underlying Tentative Parcel Map 29288, the applicant will not be required to duplicate that security. However, final inspection and occupancy of homes in this tract will not be approved until the improvements are complete unless the applicant has an approved phasing plan and is in compliance with the provisions of the plan. 70 %'3 P:\LESLIE\CCCOATTM29624wORLD4-18-OO.wpd 5 Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29624 - World Development May 2, 2000 22. 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. Estimates for 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. 23. If improvements are phased with multiple final maps or other administrative approvals (e.g., Site Development Permits), 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. 24. 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. GRADING 25. 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 or may be located within 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 furnish certifications as required by FEMA that the above conditions have been met. 704 P:\LESLIE\CCCOATTM29624wORLD4-18-OO.wpd 6 U 2 U Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29624 - World Development May 2, 2000 26. Prior to issuance of a grading permit, the applicant shall furnish a preliminary geotechnical ("soils") report and an approved 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. 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. 27. 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. 28. 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 and the previous condition are not entitlements and more restrictive limits may be imposed in the map approval 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. 29. 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. 30. 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. 31. 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. 7U 103 P:\LESLIE\CCCOATTM29624wORLD4-18-OO.wpd 7 Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29624 - World Development May 2, 2000 DRAINAGE 32. This tract and the adjacent Parcel 1 from Tentative Parcel Map 29288 will be allowed to convey runoff along existing streets to retention basins constructed for Tract 23913 (Quinterra). The design of this site shall include provisions for surface flow of runoff from Parcel 1 to the surface of Ladera Drive. UTILITIES 33. 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. 34. All new utility lines shall be installed underground with the proposed development. 35. 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. STREET AND TRAFFIC IMPROVEMENTS 36. 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) Adams Street - Construct eight -foot sidewalk. B. ON -SITE PRIVATE STREETS 1) Ladera Drive - 28-foot travel width (between curb faces). The cul de sac bulb shall be similar in form to Riverside County Standard 800 with a 44.5-foot radius, unless the General Plan is amended to allow a smaller radius. C. Applicant provides gate and turnaround on Ladera Drive. 70o U2110, P:\LESLIE\CCCOATTM29624wORLD4-18-OO.wpd 8 Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29624 - World Development May 2, 2000 37. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 38. 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 shall be stamped and signed by qualified engineers. 39. Streets shall have vertical curbs 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. 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" c.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. If on -site streets are 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, (07 ,,, u29 P:\LESLIE\CCCOATTM29624wORLD4-18-OO.wpd 9 Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29624 - World Development May 2, 2000 LANDSCAPING 43. The applicant shall provide landscaping in required setbacks and common lots. 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. 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 approved by the City Engineer. 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 improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As-Built"fir; s- { o V.�� P:\LESLIE\CCCOATTM29624wORLD4-18-OO.wpd 10 Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29624 - World Development May 2, 2000 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 maintain required public improvements until expressly released from this responsibility by the appropriate public agency. The applicant shall make provisions in the CC&Rs for continuous, perpetual maintenance of the perimeter wall and landscaping and the common landscape lot required herein. 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. MISCELLANEOUS 53. The design of the perimeter wall along Adams Street shall be slump stone with a 1-inch masonry cap and pilasters to match the wall at each property line point. The wall shall be curved at the southwest corner, adjacent to Adams Street. 54. Prior to issuance of a grading permit, final perimeter landscaping plans shall be revised to include: A. A three foot high landscape berm along Adams Street. B. Minimum 10-foot tall tree sizes (1.5-inch to 2-inch caliper measuring 6- inches from ground level). C. A plant palette that matches that approved for SDP 99-655 (First. School of the Desert) along Adams Street. 55. At locations where the proposed development shares a common property line where an existing wall encloses properties in the adjacent development, the applicant shall accomplish the Zoning Code required 5-foot minimum wall height in accordance with one of the following methods: „, u 3 1 P:\LESLIE\CCCOATTM29624wORLD4-18-OO.wpd 11 Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29624 - World Development May 2, 2000 A. If permission from the adjacent property owner is received, and if additional wall height can be structurally achieved, add additional course(s) of matching block to the existing wall. This alternative shall be rejected by the adjacent landowner before utilizing the second alternative. B. If the adjacent property owner does not consent to the first alternative, the applicant shall achieve the 5-foot minimum wall height by constructing a new wall with matching block, as close as physically possible, adjacent to the existing wall, and fill the empty space between the two walls with pea gravel and slurry cap. The two walls shall be structurally bound together with tie rods. 71 a A2 P:\LESLIE\CCCOATTM29624wORLD4-18-OO.wpd 12 ATTACHMENT 1 City Council Minutes 13 3. PUBLIC HEARING ON TENTATIVE TRACT 296 4, A R 2.44 ACRES INTO 10 SINGLE FAMILY LOTS EE A PRIVATE STREET LOT LOCATED ON T AST ME APPROXIMATELY 360 FEET NORTH MILES WORLD DEVELOPMENT. The Mayor declared the PUBLIC HEARING 8:36 p.m. Planning Manager di lorio presented the April 18, 2000 SUBDIVIDE LOTS, AND VIS STR IWIT Ludlam, 79-130 Ladera Drive, questioned why the proposed development would not be subject to the CC&Rs of the Quinterra homeowners association and urged Council to refer the project back to the Planning Commission and recommend they take a second look at the Adams Street access plan. 711 A4 City Council Minutes 14 April 18, 2000 Alex Londos, 79-090 Ladera Drive, stated it was his understanding, when he purchased his home, that a church was proposed on the adjacent property and that Ladera Drive would not be a through street. He has some concerns about extension of the wall and questioned why survey information was presented at the Planning Commission after the public comment period I* nded and affected residents were not allowed to rebut it. All Jennifer Phelps, 79-1 10 Ladera Drive, spoke a through street. IG1 ce osi era Drive b to embe . Mr. Stittsworth stated the entry gate, cess imately 30-35 feet, was added to slow traffic in 11111 hom oncern about her children's safety. Council Meml work if it will it NAWer Henderson, Ms. di lorio confirmed the elevation ams Street access plan is closer to three feet. Wff questioned why the Adams Street access plan would not rk during construction. r. Stitts)jafth stated the temporary access will not impact the lot elevations. t the Adams Street access plan would create more opposition of the raised elevations and increased traffic on Adams Street. In response to Mayor Pena, Ms. di lorio advised the grade elevation at Adams Street is 90 feet and the elevation of the street at the cul-de-sac is 81 feet, which covers a distance of approximately 250 feet. 714. A5 City Council Minutes 15 April 18, 2000 In response to Council Member Sniff, Mr. Stittsworth stated Adams Street is not the most desirable access to the project. Jim Snellenberger, 79-720 Iris Court, of World Development, stated his firm will do the project as staff directs but pointed out that staff has c rns about adding an additional access on Adams Street. He then vie the existing and proposed accesses along Adams Street. In response to Council Member Sniff, Publ' accesses on Adams Street are full -move Street access plan, he noted there are ch access onto Adams Street; a steep grade major intersection (Miles Avenue); additio wall would become a partial retaining w increased. 40 Mayor Pena asked about the with the pre-school. Mr. Snellenberger stated developments to share ce; close 01IF111111ity to a d be required; the back Lot elevations would be on Adams Street does not allow residential ial projects. In response to Cz.rtc emb Lkin r. Snellenberger stated one of the hou plans is id one a original Quinterra tract. Adolph, Mr. Vogt confirmed drainage from the ng retention basin. VWNs. di lorio advised the conditions of approval for ap, approved in 1993, call for a temporary closure of was previously proposed for this property and the site cess onto Ladera Drive but that plan expired. 79-110 Ladera Drive, noted the residents who si ey live three to four blocks away from Ladera Drive. cy asked if the gate is required in order for the proposed development ave narrower streets without sidewalks. City Attorney Honeywell advised the development is designed for private streets and will have its own homeowners association but is not required to have a gate. She added the gate was added as a traffic -calming measure. 71 u3P, City Council Minutes 16 April 18, 2000 Mr. Mercy asked the Council to continue this matter and direct staff to bring back other options. Mayor Pena asked if the applicant would be agreeable to a continuance in order to work out some of the issues with the homeowners. Mr. Snellenberger felt the Planning Commiss and stated they did not contact residents of the residents were upset and did not wish tqA Mr. Ludlam suggested if the access remai should be legally merged with the Quint areas and there's a mutual obligation. There being no further requests HEARING CLOSED at 9:47 p.m. Council Member Sniff reco developer an opportunity to c talk to staff about the feasi Council Member Ado on the feasibility of elev ions abutti p be pr sup not A#gg so h!Wv d sted t development. that purpose JFtract r both PUBLIC lin'fitinuance to give the ts on Ladera Drive and ams Street. see staff work with the developer s with grading that does not raise He also asked for larger grading Eked he would go along with a continuance but is not ss on Adams Street. As for the grading, he did now ns lowered causing drainage against the wall nor be objectionable to the adjacent homeowners. He of moving the gate another 10 feet into the proposed Council Me r Henderson stated she would support a continuance but felt an i ss o ams Street is unlikely. ena supported two Council Members and staff meeting with the loper and homeowners to try to work something out. Council concurred to direct staff to provide larger exhibits of the grading elevations and existing ingress/egress points on Adams Street at the May 2 meeting. 714 A7 City Council Minutes 17 April 18, 2000 MOTION - It was moved by Council Members Sniff/Adolph to 1) continue the public hearing on Tentative Tract 29624 for World Development to May 2, 2000, to give the developer an opportunity to work with staff and consult with affected homeowners on Madera Drive, and 2) direct staff to schedule a joint meeting between representatives of the homeowners and develo staff, and two Council Members (Council Members Henderson and iff). otion carried unanimously. MINUTE ORDER NO. 2000-70. , After a brief discussion, Council concurre sched eeting representatives of the homeowners and th evelop Al :0 at City Hall. 7 1 %5' 038 ATTACHMENT 2 =I COUNCIL/RDA MEETING DATE: 4 40" FILE COPY AGENDA CATEGORY: BUSINESS SESSION: April 18, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Public Hearing on Tentative Tract 29624, a Request 2 to Subdivide 2.44 acres into 10 Single Family Lots, PUBLIC HEARING: 1.L Three Landscape. Lots, and a Private Street Lot, Located on the East Side of Adams Street, Approximately 360 feet North of Miles Avenue. Applicant: World Development W;K91 I M 4 0197-"% 0 Lei0A 1. Adopt a Resolution of the City Council .certifying a subsequent Mitigated Negative Declaration of Environmental Impact for EA 99-382; and 2. Adopt a Resolution of the City Council approving Tentative Tract 29624, subject to the Findings and Conditions of Approval None. None. The proposed subdivision (Desert Flower) is located north of the First School of the Desert preschool, approved on Parcel 1 of TPM 29288, in October, 1999. The proposed subdivision is located on Parcel 2 of Tentative Parcel Map 29288 (Attachments 1 & 2). The proposed subdivision is bordered on the north and east by Quinterra, a single family residential development. Ladera Drive is stubbed for future extension to the west as required under Tract Map 23913 with the condition that the street stubs (Ladera Drive, Ocotillo Drive, and Nuevo Drive) shall be barricaded to the satisfaction of the Public Works Department. It was determined by the City that the best way to. barricade the stubbed streets was with masonry block wall which would be removed/ 1 at the time of future extensions, depending on the nature of proposed development. A9 P:\LESLIE\ccrptTTM29624World4-18-0o.wpd J. The applicant proposes to construct on the lots four residential prototype plans. Tentative Tract Map 29624 is within Tentative Parcel Map 29288, for .which a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-382 was certified for TPM 29288, CUP 99-044, and SDP 99-655 (First School of the Desert) under Planning Commission Resolution 99-074. A Subsequent Environmental Assessment has been prepared to add new information on potential noise, hydrological, and geotechnical impacts and their mitigation. -A subsequent Mitigated Negative Declaration of Environmental Impact is recommended for certification. Project Request The proposed subdivision consists of 10 single family residential lots, three lettered lots for landscaping, and one private street lot. The street lot will be an extension of Ladera Drive (from Tract 23913) and will terminate in a 45-foot radius width cul-de- sac near the north boundary of the proposed tentative tract. A 29-foot right-of-way width with a 5-foot wide utility easement on each side is proposed for the extension of Ladera Drive. No access is proposed from Adams Street, or to/from the First School of the Desert project. The subdivision will be gated with electronic mechanisms, 30 feet of stacking distance, and turn -around area. The proposed lot data is as follows: Average lot size 9,037 sq. ft. Minimum lot size 7,303 sq. ft. Maximum lot size 12,135 sq. ft. Lot A (street) 106,235 sq. ft. The perimeter of the subdivision will have masonry walls. There are existing walls along the east and north boundaries and a new proposed slump block masonry wall with pilasters and decorative cap provided along Adams Street and the southern boundary. The perimeter wall will be curved at the southwest corner in order to provide better visibility for the preschool driveway and design/landscape interest. Generally, the proposed residential pads are at a lower elevation than that approved for the preschool campus to the south, and slightly higher, one to two feet, than elevations of the existing homes to the east. To the north, the proposed elevations will be less than one foot of the existing house elevations. Short segments of retaining walls are proposed for Lot 1 (4' high), and a dual retaining wall system along a part of the southern boundary adjacent to Lot 10 and Lot B, to transition between the preschool and the proposed residential lot. Public Notice 1 1 The requested subdivision was advertised in the Desert Sun newspaper on April 6, 2000 and mailed to all property owners within 500 feet of the project site. A0 P• I FRI IFlrrmtTTRA7QR7d1A/nrlrrd_AA_nnArnri k The applicant proposes to construct on the lots four residential prototype plans. Tentative Tract Map 29624 is within Tentative Parcel Map 29288, for which a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-382 was certified for TPM 29288, CUP 99-044, and SDP 99-655 (First School of the Desert) under Planning Commission Resolution 99-074. A Subsequent Environmental Assessment has been prepared to add new information on potential noise, hydrological, and geotechnical impacts and their mitigation. A subsequent Mitigated Negative Declaration of Environmental Impact is recommended for certification. Project Request The proposed subdivision consists of 10 single family residential lots, three lettered lots for landscaping, and one private street lot. The street lot will be an extension of Ladera Drive (from Tract 23913) and will terminate in a 45-foot radius width cul-de- sac near the north boundary of the proposed tentative tract. A 29-foot right-of-way width with a 5-foot wide utility easement on each side is proposed for the extension of Ladera Drive. No access is proposed from Adams Street, or to/from the First School of the Desert project. The subdivision will be gated with electronic mechanisms, 30 feet of stacking distance, and turn -around area. The proposed lot data is as follows: Average lot size Minimum lot size Maximum lot size Lot A (street) 9,037 sq. ft. 7,303 sq. ft. 12,135 sq. ft. 106,235 sq. ft. The perimeter of the subdivision will have masonry walls. There are existing walls along the east and north boundaries and a new proposed slump block masonry wall with pilasters and decorative cap provided along Adams Street and the southern boundary. The perimeter wall will be curved at the southwest corner in order to provide better visibility for the preschool driveway and design/landscape interest. Generally, the proposed residential pads are at a lower elevation than that approved for the preschool campus to the south, and slightly higher, one to two feet, than elevations of the existing homes to the east. To the north, the proposed elevations will be less than one foot of the existing house elevations. Short segments of retaining walls are proposed for Lot 1 W high), and a dual retaining wall system along a part of the southern boundary adjacent to Lot 10 and Lot B, to transition between the preschool and the proposed residential lot. Public Notice 713 The requested subdivision was advertised in the Desert Sun newspaper on April 6, 2000 and mailed to all property owners within 500 feet of the project site. Al. Public Agency Comment This request was transmitted to responsible agencies for review and comment. All pertinent comments have been incorporated into the Conditions of Approval. Planning Commission Review On March 28, 2000, the Planning Commission held a Public Hearing and continued the request (Attachment 3) due to concerns about extending Ladera Drive, the size and design of proposed units, and the name of the project. On April 11 2000, the Planning Commission again considered the request, resolved the issues, and unanimously adopted Planning Commission Resolutions 2000-013, 2000-014, and 2000-015 recommending to the City Council certification of Subsequent EA 99-382, approval of Site Development Permit 2000-675, and adoption of Tentative Tract 29624, respectively, subject to the attached findings and conditions. The alternatives available to the City Council include: 2 3. Adopt a Resolution of the City Council certifying a subsequent Mitigated Negative Declaration of Environmental Impact for EA 99-382; and Adopt a Resolution of the City Council approving Tentative Tract 29624, subject to the Findings and Conditions of Approval; or Do not adopt a Resolution of the City Council certifying a subsequent Mitigated Negative Declaration of Environmental Impact for EA 99-382; and Do not adopt a Resolution of the City Council approving Tentative Tract 29624; or Provide staff with alternative direction. Respectfully submitted, Jer-rk Hermbri, Community Development Director Approved for submission by: 71 Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. TTM 29624 exhibit 3. Planning Commission Minutes for March 28, 2000, and April 11, 2000 A3 a Mgt DWAZE 10 AY MGM o . FRED WARNG DR si BA Q MO la Mom I CASE MAP CASE Na NORTH TENTATIVE TRACT MAP 29624 SCALE: SITE DEVELOPMENT PERMIT 2000-675 A4 ATTACHMENT � a _ Nio •0.4 # k� a <Mfa� �• # [ i7z to-�� MHz! im 'e Z # ------------------------ M,OL,LL6Y\ 31va 03AOUddV NRSSP JNw&U VIMM VI ATTACHMENT #?��, Planning Commission Meeting March 28, 2000 14. Ms. Joann Shirley, 50-860 Calle Paloma asked wh the Commission was even considering this request. The operty owners of the Fairways knew this was to be a emer ncy exit only. This is a residential area and why can't the City ust say no. 15. Mr. Dillon Steiner, 78-725 Avenida La Jarita, st ed that as long as they put forth an application more and mo residents will be here to oppose it. In regard to R/dhey not good neighbors because anyone who has driven dondo will notice that the wall has no landscaping. Not want to dump their traffic into their neighborhood, but have the courtesy to landscape that portion ofthat borders their neighborhood. 16. There being no further public mment, Chairman Kirk closed the public participation /ked the hearing and opened the hearing for Commission dis17. Commissioner Tyleat Condition #10 be revised to add the word "emergen 18. There being no rther discussion, it was moved and seconded by Commission Robbins/Abets to adopt Planning Commission Resolution 000-011 approving Tentative Parcel Map 29613, as amende a. Condition #10: "Gated emergency access on Calle Rondo...." . ROCALL: AYES: Commissioners Abels, Butler, Robbins,. Tyler, and i Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. B. Environmental Assessment 99-382, Tentative Tract Mao 29624 Site Development Permit 99-675, a request of World Development for approval to subdivide 2.44 acres into ten single family residential lots, one street lot, three landscape lots, and approval of architectural and landscape plans for four prototype residential units. .1. Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted corrections in 72 the options; there is no Plan 3C .and it should be deleted; Plan 4B has front loaded garages. Street Lot A to be named Ladera Drive. U�� CAMv Documents\WPDOCS\PC3-28-20.wrd 6 Planning Commission Meeting March 28, 2000 2. Chairman Kirk asked staff to explain the difference between what is proposed and what is existing. Staff stated Plan 1 is 2,100 square feet including the garage and 1,700 square feet without the garage; Plan A is 2,200 square feet of livable area and 695 of garage; Option B is 2,200 square feet and is the same plan. Plan 4 is 2,500 square feet of livable area with a 688 square foot garage. Staff displayed the building elevations. 3. Commissioner Robbins stated this project may not be reviewed under the Compatibility Ordinance, but how do the house sizes compare to the adjoining tract. Staff stated they could look at the tract map for a comparison. 4. Commissioner Tyler stated the First School of the Desert appealed the requirement to underground the. utilities to the City Council and that appeal applies to this tract as well: Staff stated the Council approved their request to not underground the utilities and will apply to this tract and the conditions have been changed to reflect Council's action. Commissioner Tyler asked who would be maintaining the common areas as well as the setback along Adams Street. Staff stated it would be maintained by HOA for this tract. 5. Commissioner Robbins asked staff to clarify the inconsistencies with regard to street widths. This is a private street with a width of 37-feet as opposed to the 33-feet noted on the tentative map. Senior Engineer Steve Speer stated the applicant changed from s public street to private street on short notice and the language regarding the HOA taking care of the common area lots needs to be added. He explained the HOA will be responsible for the landscape setback lot adjacent to Adams Street and the three on - site common area lots. 6. Commissioner Robbins stated the tentative map shows this street lining up with the existing Ladera Drive and asked the width of the existing street. Staff stated the existing street is 36 feet between the curbs. The new street will be conditioned to be 36 feet between the curbs. They will be the same width. 7. Chairman Kirk asked if anyone would. like to address the Commission on this project. Mr. Ken Stittsworth, representing World Development, stated they are utilizing a product that is 7,? i currently being built at Wildflower. In regard to the letters �� received in opposition to their project, he would like to state the houses would be an upgrade to the Quinterra tract. Their smallest v C` CAMy Documents\WPDOCS\PC3-28-20.wpd 7 Planning Commission Meeting March 28, 2000 unit, Plan 1 will be 1,704 square feet and will be unique in that it will have two master bedrooms and baths and only one will be built on Lot 5. The remainder of the units are 2,100 to 2,510 square feet. There will be upgrades to meet the market demand. They are a community developer. 8. Commissioner Tyler asked about the roll up garage doors. Mr. Stittsworth stated he would never use a wooden door in this climate condition. Commissioner Tyler asked about block walls. Mr. Stittsworth stated the units will have block walls. They will raise the wall by two courses and cap it. The wall will be decorative and will have a meandering walkway with landscaping that will be maintained by the HOA. 9. Chairman Kirk asked if anyone else would like to address the Commission. Mr. Alex Londos, 79-090 Ladera Drive, stated his concern was regarding this street coming through onto Ladera Drive. When they purchased their home, they called the City as there was an odd block wall at the end of the street and he assumed if the street was to be continue they would have installed a block wall up to the point of the street and then maybe a rail or something to indicate the street would be continued. He was also told at that time a church was going in and the road would not continue. He understands that things can. change, but it has always been his understanding the road would not be completed. In addition, he also has several concerns with the architecture and how it will blend in with the existing landscape. He saw the elevations and thought it odd they would just take the plans from another tract and drop them here. They should not take a cookie cutter plan from one tract to another. They should be required to blend in with the existing neighborhood. He requested the Commission require further research of the Ladera Drive extension as it does impact their neighborhood. He cannot understand why they cannot come off Adams Street. 10. Mr. Bruce Mercy, 79-080 Ladera Drive, stated he lives right next to the wall. When they bought their home they checked into what was going in on the other side of the wall and they were told a church. They were assured by the developer and the City it would. be a church and no other homes would be developed in this location so they purchased their home. They have two small children and enjoy letting them play in the cul-de-sac and not deal % with traffic. This is not the first issue they have had with the City. He and his neighbors lobbied until the City adopted a Compatibility CAMy Documents\WPDOCS\PC3-28-20.wpd 8 Planning Commission Meeting March 28, 2000 Ordinance to require any development within an existing tract to be compatible with the existing tract. By continuing Ladera Drive you are continuing the Quinterra development. Therefore, there has to be harmonious elevations and congruent with the other homes in the area and not deviate more than 10% from the existing smallest home. Based on this, the smallest home that could be built in this area is 1,900 square feet: For them to propose a 1,700 square foot house is in violation of this requirement. Second, to bring a Wildflower. elevation in is also an opposition to this requirement. If they were to enter off Adams Street and be a completely separate project that would be a different project. As it is proposed it is a continuation of their neighborhood. He then asked what the proposed retaining wall was to hold. Senior Engineer Steve Speer stated the pad will be raised slightly over the adjacent pad so a separate retaining wall will be required to protect the adjacent wall. Mr. Mercer asked if this would cause their water to drain to his lot. Staff stated this pad will graded to drain to the street at the front of the new lot. Mr. Mercer stated compatibility was an issue before and they sent 11,000 letters to the City Council and fought very hard to have the compatibility requirement so no one could step into a development and shrink the size of the homes and change the contours and elevations. 11. Ms. Shellie Stiver, 44-960 Malia Circle, stated they are part of the original Quinterra development and have put a lot of time and money into getting these laws in place for North La Quinta. Why does this developer need to use the Quinterra name.' How does it benefit them. Their tract of homes are the original Windsor houses. They have small children playing along Ladera Drive and do not want their children playing outside with the additional traffic. Drainage is another issue. They already have problems with their retention basin. They do not need any more aggravation. Why can't they come off Adams Street and have their own separate development. 12. Mr. Bob Tette, 44-930 Malia Circle, stated their homes have two or three car garages and one of their plans has only a two car garage. Also, he purchased his home because it is not a through street. It gives them the privacy and security they wanted with, little, or no traffic. He would also like to see this developmen(ti U take its access off Adams Street. They purchased their home under the conditions at that time and now the conditions are being changed and he doesn't understand how that can happen. They fought Mr. Snellenberger originally regarding the compatibility v-4 '%o nn ---� O • , 1 Planning Commission Meeting March 28, 2000 issues. Some of the homes were built so close to the street the cars are hanging into the sidewalk. This is only one example of the issues they are faced with. 13. Mr. Kim Job, 79-100 Ladera Drive, stated he too was one of the originally homeowners. He reminded the Commission that the City also spent $100,000 supporting this ordinance. If this developer is allowed to call his tract Quinterra, there should not be any two car garages and it should be required to meet the compatibility rule. The developer misinformed them regarding the size of the homes by including the size of the garages as part of the house size. In regard to the developer's statement that this tract would have upgrades, if you look at the original 18 homes they have steel window frames steel doors and a lot of additional upgrades. The newer units use plastic. They do not want Ladera Drive extended. If they are going to have their own HOA.to maintain the landscaping they should be their own tract. In regard to the drainage problems, many times they have stagnate water that doesn't drain off. 14. Mr. Neil Ludlam, 79-130 Ladera, stated he agreed with everything that had been stated. In addition, he thanked everyone for their help in winning the first "Quinterra Wars". His issue is covenants. This project is proposed to extend his street. When Quinterra was built out, no one was told there were covenants on the land. People who moved in were surprised to learn they could not park their RV. It is important to him that if this project is approved as proposed, they should be required to have as strong a covenant as they have on their street; especially in regard to RV's. In regard to elevations, the proposed garages seem to be so narrow you cannot get in or out of them. The garages should be built usable. Another issue is the details of the houses. The outside looks like the existing except the Windsor homes, but missed some of the significant points of the Quinterra architecture. The Windsor homes were a dramatic square zig-zag architecture. Almost Native American. There were no curves, or colonial treatments. Now, if you drive through the development you will see curved window treatments and rather astounding sudo-Colonial brass carriage lamps which does not go with the original American Indian motif the original designers constructed. He requested that if the street is built out, the builder should be required to follow the origin" American Indian architecture.. The houses from Wildflower are not ` acceptable. He would not object to a crash gate for safety sake as long as it was aesthetic and RV were not visible. CAW Documents\WPDOCS\PC3-28-20.wpd 10 Planning Commission Meeting March 28, 2000 15. Ms. Joan Knauer, 79-120 Ladera Drive, stated she agreed with what had already been stated. Her issue is that she did check with the City before purchasing their home and were told a church was to be built and the street would not go through. When she saw the World Development sign going up she contacted the City and she was told that because they were not a part of the original Quinterra development, they could not be required to meet the Compatibility Ordinance requirements. The plans look nothing like the adjoining homes. She is against the road being constructed. If they want to be a private HOA, turn them around and let them gain access to their development from Adams Street. If they want to build here, they should use the original blueprints to be compatible with their neighborhood. 16. Mr. Tom Hanes, 79-180 Ladera, stated he too agrees with what has been stated and asked if the extension of Ladera Drive a dead end or attached to Adams Street. Chairman Kirk stated it is a cul- de-sac. Mr. Hanes asked if the construction trucks would come down Ladera Drive; if so can the construction entrance be moved. Senior Engineer Steve Speer stated staff would work with the developer to take the trucks down Adams Street. Mr. Hanes asked that if their drainage is to come into their existing retention basin, is the retention basin big enough. Staff stated it was. 17. Mr. Richard Santo, 79-095 Arbola Circle, stated he was concerned about the value of the property within Quinterra. Will these units hurttheir values. 18. Mr. Jim Hanson, 79-130 Ladera Drive, stated he was present when the retention basin filled to about six feet in-depth and it was open to all the children in the area. This is poor drainage and to add this tract's drainage will make it worse. The drainage should be looked at. 19. Mr. Bruce Mercy, 79-080 Ladera, stated they are proposing to use their entrance, their street, their flood control and drainage area, and are proposing to use their name, but yet they have no control over the size, elevations, etc., they are proposing to build because it is not a continuation of their product. What is it? It is a part of Quinterra and will be governed by those rules, it seems it is a contradiction to that. ,, 720 20. Mr. Jim Snellenberger, representing World Development, stated that what they are proposing is that since this is a private street, U J 1 private community they will place a gate at the entrance so the CAMy Documents\WPDOCS\PC3-28-20.wpd 11 � . 1 Planning Commission Meeting March 28, 2000 homes will not even be seen. The existing homeowners will not be driving into this gated community. The values of the homes will be starting at. $230,000 which is upper end for this community. 21. Mr. Neil Ludlam, 79-130 Ladera, stated that if it is to be a gated community, then do not make it a part of Quinterra. 22. Ms. Joan Kneuer, 79-120 Ladera Drive, stated the retention basin is owned by the City of La Quinta. What will happen when we get a six foot flood and a child drowns? Chairman Kirk stated staff would answer questions regarding the drainage later on. 23. Mr. Stitsworth stated this product, whether or not it is Wildflower or what, this home will be built all over the desert, and are compatible with what is being built throughout the entire Valley. Some of the people present are from the prior product. When Mr. Snellenberger built they were required to be compatible. In regard to the smaller unit, there is only one with a two car garage, and it is set back and not seen from the other homes. In his opinion; these homes will only increase the property values. 24. Commissioner Butler asked if the houses would start at $230,000. Mr. Stitworth stated yes. 25. Mr. John Kneuer, 79-120 Ladera, asked if it was impossible to have the tract come off Adams Street. 26. Ms. Karen Job, 79-100 Ladera, stated her concern was that she did not know there would be a gate, will there be signage and will she have to be concerned about the safety of the gate. They have children who could be hurt by this gate. 27. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened the hearing for Commission discussion. 28. Chairman Kirk asked staff regarding the compatibility issue. Planing Manager Christine di lorio explained that it was a new tract, not associated under the old tract number and therefore, under our Zoning Code there is a requirement that there be a review of the homes for architecture, but not compatibility because it is not a part of the existing tract. CAMv Documents\WPDOCS\PC3-28-20.wyd 12 Planning Commission Meeting March 28, 2000 29. Chairman Kirk asked staff to address the flood drainage issue and access off of Adams Street. Senior Engineer Steve Speer stated that in regard to the drainage, the retention basin for the Quinterra project accepts water from 40 acres and this tract is less than five acres. When the parcel map was prepared for the First School the land was divided into two parcels and the City asked the applicant of the parcel map to review what it would do to the retention basin if they added the drainage water from these homes, they indicated that during a 100 year storm, it would raise the level of the water six inches at the maximum. At that time, the City anticipated this project would have a public 'street draining to it and since it was publically funded for maintenance, the City determined they could do this. The applicant's change to a private street does create some opportunity to reconsider sending private water into a public retention basin. In regard to the depth of the retention basin, it is standard practice in the desert to use . retention basins, with La Quinta having one of the more restrictive retention basin requirements, we size the basins to be five feet deep when the 100 year flood occurs. We allow a maximum. slope of 3:1. This is how the City addresses the safety issues. The City realizes that any body of water does raise a potential for hazards to people. In regard to taking access off Adams Street, staff stated that if the traffic were to exit onto Adams Street, it would need to be moved away from the First School of the Desert access and mindful of the street entering into Quinterra. Staff indicated one area where access could be made onto Adams Street. It could create design problems as Adams Street is higher than the existing ground so the street would have to dive down rapidly to come down into the tract and avoid building up the pads any more than what is already proposed. Both stormwater and sewer drainage would tie into the existing line in Ladera Drive and/or create its own retention basin. 30. Commissioner Tyler stated that at the height of the original compatibility issue he was involved and it does not apply to every houses to be built in North La Quinta. It only applies to houses within a given tract. He too, shares the concern of added traffic, but how much traffic can come from ten houses. Streets were built for traffic and not intended as a playground for children. In regard to the compatibility, these houses are different than the ones that are existing, but the ones Mr. Snellenberger built are 730 different than those built by Windsor. That is a natural progression and they are around the corner and not in plain site. r J 5 ,_,, CAMy Documents\WPDOCS\PC3-28-20.wpd 13 Planning Commission Meeting March 28, 2000 He was surprised to hear there would be private streets and a gate and he takes offense to new things being added during a public hearing by the developer. 31. Commissioner Robbins stated he too was appalled to see Wildflower plans submitted for this development and if the developer cannot take the time to put together a set of plans that are for a specific piece of property, they he does not want to waste his time reviewing it for approval. He then asked what the minimum lot size was for this area. Staff stated 7,200 square feet. Commissioner Robbins stated he doubted Lot 5 would meet that requirement as the cul-de-sac has been changed. Because they have private streets and the setback is measured from the property line, these houses will be closer to the street even .with the 20 foot setback because the 20 feet is measured from a different place. If he were to approve the project, he would want whatever the setback is from the curb at the. Quinterra tract to apply to this project so they are in fact an equivalent setback. If this property is going to get by without providing for its own drainage retention, then there should be some tradeoffs. Some of those trade offs, even though not bound by the compatibility requirements, if they are going to gain an extra lot because they are taking advantage of something that has taken place in ,Quinterra, then the trade offs are that they have to'meet some additional compatibility requirements and more closely fit with the existing development. He understands the problem with elevation differences and how it would be difficult to come off Adams Street. He does not believe the ten lots create a great traffic issue. He too, does not like to have items added at the last moment. The gating should have been thought of earlier and presented as an option. 32. Community Development Director Jerry Herman, stated that taking access off Adams Street with the height differential, has the potential of raising the lots adjacent to Quinterra on the east to a pad elevation of three feet difference. These pads would be a minimum of three feet higher than those in Quinterra. Currently, they are only about one and a half foot different. 33. Chairman Kirk asked if these houses were reviewed by the 731 Architecture and Landscape Review Committee (ALRC). Staff stated no as they were approved elevations under Wildflower and the ALRC was reviewing them for design and not compatibility. CAMy Documents\WPDOCS\PC3-28-20.wpd 14 054 � 4• Planning Commission Meeting March 28, 2000 34. Commissioner Butler stated he likes the Wildflower houses so he does not have an issue with the elevations, but has this ever been done in the City where a private community with ten lots and gated were created. Staff stated it has been done in PGA West by The Woodard Group and the Medalist units at the Norman Course. Commissioner Butler stated his concern is that here is an established community and all of a sudden within this community we put a gated community in the center of it and ignore some, of the surrounding environment because it is a gated community; so therefore, the compatibility issue is not valid and the traffic generated from this is also mute because it is only ten lots. Is the Commission doing the right thing from a planning standpoint? 35. Commissioner Abels stated he agrees with Commissioner Butler and he understands the homeowners concern that the identify of the Quinterra tract will be continued. He also, is not too happy with the project. 36. Chairman Kirk stated the entire Commission is sensitive to the City Laws, the Zoning Code, General Plan, etc. and try not to be hap- hazard in regard to decision making issues, and the law in this instance states compatibility review should not apply. It appears however, that the intent of the Compatibility Ordinance does apply to this development. As stated by Commissioner Robbins, we may not be able to use compatibility review, at the same time this developer is looking for some favors of the existing development. They are looking for access, drainage, and even the name. Maybe we could use these issues to improve this development resolve some of the issues. The CC&R may be one issue whereby the developer could add the CC&R's to this development. Maybe the developer would want to prohibit any signs on the gate. These are suggestions. that could be used to make it a better project. 37. Commissioner Abels stated he agreed that some of these issues could be resolved with the developer. 38. Commissioner Tyler stated that typically the citizens of La Quinta have a misconception of CC&R's. The CC&R's on any property, in essence, have no legal force and affect unless there is a HOA to enforce it. The existing Quinterra homeowners do not have an 73 HOA and therefore, they are looking at a piece of paper that does not mean anything and you have to look to the City's regulations v55 CAMy Documents\WPDOCS\PC3-28-20.wpd 15 Planning Commission Meeting March 28, 2000 to have them enforced by the City. This small group will have an HOA who will enforce their CUR's and may have more power to enforce the CC&R's than the rest of the community. 39. Chairman Kirk stated some suggestions have been made that could be negotiated at this time, or the applicant may want to ask for a continuance. Staff stated that they had found the square footage for Plans 1-4 and it was Mr. Snellenberger's first Quinterra project and the Plan 1 is 1968 square feet and there proposal at this time is 1,700 square feet and the compatibility review allows a fluctuation of ten percent. 40. Commissioner Robbins stated that if you have used the compatibility issue once to get to 1900 square feet from the original proposal, you would have to go back to the original house plans to determine the ten percent. Mr. Snellenberger stated the original was 2,025 square feet. He further stated the gate is an option he was offering and it did not have to be built. He would prefer to resolve the issues at this meeting rather than continue it. In regard to the garages, more than half of the houses are the side loaded garages which have a very large driveway so the parking issue is resolved. 41. Commissioner Tyler stated he was surprised to see the name Quinterra being used and asked if the name could be changed. Mr. Snellenberger stated it was not an issue to them., It was only to identify the location of the tract to draw people to the location. If they had a different name they would need signage and they did not want to go through that. 42. Commissioner Abels asked that the developer if the project could be called Quinterra II? Mr. Snellenberger stated it did not matter what it was called. The problem was to get the people back to the development. Commissioner Abels stated he thought the project should be continued to allow the developer time to resolve the issues raised. Mr. Snellenberger stated the issue was the sign. 43. Chairman Kirk stated signage was one issue; but it was not compatibility related as lot sizes, setbacks, drainage, access, etc. Mr. Snellenberger stated he could put a smaller house on the lot 73 and have it set back further. They can put a public street in with the smaller house and sell it and make the same profit, but it is not what they want to do. CAMy Documents\WPDOCS\PC3-28-20.wpd 16 u56 • Planning Commission Meeting March 28, 2000 44. Commissioner Abels stated he is not in favor of continuing projects, but in this case there are too many, issues to be resolved at this meeting. 45. It was moved and seconded by Commissioners Robbins/Abets to deny the project as submitted. 46. Chairman Kirk stated that as the developer has offered the Commission little choice. He asked the applicant if he would prefer the Commission vote on the denial motion or continue the project. Mr. Snellenberger stated he would prefer the continuance. 47. Commissioners Abels/Robbins withdrew their motion. 48. Discussion followed regarding meeting dates. Staff suggested the Commission stay with their regular meeting dates of April 111".or 25tn. 49. Chairman Kirk stated the issues for the developer to address were setbacks, unit sizes, garage doors and their location, name, gated or not, compatibility with the existing units, how the elevations are sequenced on the lots, and whether Lot B could be a retention basin. Mr. Snellenberger stated Lot B is used.for a turn around area at the gate. 50. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to continue this to April 11, 2000, with the developer addressing the following issues: a. House sequence on lots b. Retention area C. Garage doors d. Name e. Gated or not f. Compatibility g, Size of houses h. Setbacks i. Construction entrance j. Private vs. public street k. Drainage I. Lot sizes Unanimously approved. 1,57 CAMy Documents\WPDOCS\PC3-28-20.wpd 17 r Planning Commission Meeting March 28, 2000 VI. BUSINESS. ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Community Development Director Jerry Herman informed the Commission there would be two joint meetings with the City Council. One in April and one in September. Commissioners suggested May 9, 2000 and September 26, 2000, be submitted to the City Council for their consideration. B. Commissioner Tyler gave a report of the Council meeting of March 21, 2000. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioner Butler/Robbins to adjourn this regular meeting of the Planning Commission to the next - regular meeting of the Planning Commission to be held April 11, 2000, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:09 P.M. on March 28, 2000. Respectfully submitted, BETTY J. SAWYER, Executive Secretary City of La Quinta, California t,58 CAMy Documents\WPDOCS\PC3-28-20.wpd 18 9 Planning Commission Meeting April 11, 2000 C. Condition #1: The use of this site all a in conformance with the approved exhibits co coed in Site Development Permit 2000-667, unlerezilte therwise amended by the following conditions. plan expansion of Vons Supermarket is co9pdptually approved. The elevation of the expansion shall a submitted to the PC for approval. ROLL CALL: AYES: P6mmissioners Abels, Butler, Tyler, and Vice Chair an Robbins. NOES: None. ABSTAIN: None. A ENT: Chairman Kirk. Vice Chairman recess he meeting at 8:47 p.m. and resumed the meeting at 8:53 p.m. C. Continued - Environmental Assessment 99-382. Tentative Tract Mao —� 29624 Site Development Permit 99-675, a request of World Development for approval to subdivide 2.44 acres into ten single family residential lots, one street lot, three landscape lots, and approval of architectural and landscape plans for four prototype residential. units. 1. Vice Chairman Robbins reopened the Public Hearing and asked for the staff report. Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. The applicant is proposing a unit size of 2,078 square feet of livable area for the smallest unit. Staff noted a change to Condition #7.B. and 36.6.1. to state that "for cul-de-sac bulbs, a standard similar in form to Riverside County Standard 800 should be used; Condition #32 typographical error that should say Tentative Parcel Map. 2. Vice Chairman Robbins asked if there were any questions of staff. Commissioner Butler asked about the minimum lot size. Staff noted it was 7,303 square feet. 3. Commissioner Tyler asked if Condition #11 would be modified to allow the temporary construction access off Adams Street. 4. Vice Chairman Robbins asked if sidewalks were proposed. Staff noted they would not be on a private street. Vice Chairman Robbins stated he did not like the idea of forcing people to walk in the streets and .would like to see sidewalks required of all •, , v C:Ny Documents\WPDOCSTC441-20.wpd 9 0 5 9 F Planning Commission Meeting April 11, 2000 developments. He noted the street width was decreased to 28 feet, and he assumes no parking would be allowed on the street. Street stated that was correct, additional parking would have to be provided on site and the applicant has proposed three car garages as well as the ability to park three cars in front of the garage spaces. 5. Commissioner Tyler asked if a condition should be added requiring the HOA to enforce the no parking on the street. Staff stated a condition would be added. 6. Vice Chairman Robbins asked if the Commission had any objection to reopening the public comment. There being no objection, Vice Chairman Robbins re -opened the Public Hearing. 7. Mr. Kim Job, 79-100 Ladera, stated he liked most of the proposed changes, but asked if the plans were still the Wildflower homes with the exception of the new Plan 1. Staff stated yes. Mr. Job stated the Wildflower homes are being advertised as selling for $170,000 and Mr. Snellenberger stated at the last meeting the homes would be sold at $230,000. He can not believe the houses can go from $170,000 to $230,000 with only the addition of a gate and being a.private community. 8. Mr. Tom Hanes 79-180 Ladera, stated he is glad to hear their comments were considered by the applicant. His only concern is that their home value included the cost of the retention basin. Now another developer.with a completely different project does not have to supply his own retention basin. If he has to save costs, this is not a very nice way of doing it. 9. There being no further public comment, Vice Chairman Robbins closed the public participation portion of the hearing and opened the hearing for Commission discussion. 10. Commissioner Butler asked if the retention basin can be utilized by another developer. Senior Engineer Steve Speer stated the City has a duty to protect property from the 1"00 year storm. This retention basin is designed to have what is known as a foot of freeboard. That is when the 1'00 year storm is contained in the retention basin, there is still a foot of room to hold additional water. When the Parcel Map for the First School of the Desert` , split this property, the City asked the engineers to look at whether or not the retention basin had the capacity to hold an additional t,G0 CAMy Documents\WPDOCS\PC411-20.wpd 10 Planning Commission Meeting April 11, 2000 four acres of drainage. The engineers confirmed it would increase the 100 year storm water surface elevation by six inches, so it is still' protecting the homes at the 100 year storm level. The retention basin is maintained by the -City through two funding sources: the Lighting and Landscaping District and the General Fund. Rather than create an additional retention basin for the City to maintain, staff found it appropriate to send the drainage from this development to this retention basin as it would only raise it 6 inches. 11. Commissioner Butler asked if the water run off from Miles Avenue would also go into this basin. Staff stated yes. 12. Commissioner Tyler asked about the additional information he had just received. Staff stated a survey had been submitted and signed by residents in the community stating they supported the Desert Flower development based on the criteria contained in the survey. The survey was distributed by the developer and is being submitted for Commission review and information, as well as their proposed sign. Commissioner .Tyler asked about the signature page that referred to the design for the project's east perimeter wall. Staff stated it referred to a condition that allows the developer the option of doing a retaining wall or adding two courses to the existing block wall depending upon what the neighbors were in favor of. The developer did contact each of the neighbors that are adjacent to this tract and explain that they have options. Mr. Stittsworth, representing World Development, stated they went out and met with the homeowners of Quinterra. They contacted 75 homes contacted and those that did not sign were people not home and they were unable to reach. Of all the signatures acquired, there was not a homeowner that did not agree with the project. The four signatures acquired tonight are homes abutting the project both on the north and -east side. The other two were not home and one home had been sold and no one was home. 13. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2000-013 certifying a subsequent Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-382. w C:\My Documents\WPD0CS\PC4-11-20.wpd 11 ( , 61 Planning Commission Meeting April 11, 2000 ROLL CALL: AYES: Commissioners Abels, Butler, Tyler, and Vice Chairman Robbins. NOES: None. ABSTAIN: None. ABSENT: Chairman Kirk. 14. It . was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2000-014 recommending approval of Tentative Tract Map 29624, subject to the Findings and Conditions as amended: a. Condition 7.13.1.: "...similar to Riverside County Standard 800..." b. Condition 11: Add "except for temporary construction access." C. Condition 36.13.1.: "...similar to Riverside County Standard 800..." d. Condition #55: At locations where the proposed development shares a common property line where an existing wall encloses properties in an adjacent development, the applicant shall accomplish the Zoning Code required five foot minimum wall height in accordance with one of the following methods: a) If permission from the adjacent property owner is received, and the additional wall height can be structurally achieved, add additional course(s) of matching block to the existing wall. This alternative shall be rejected by the adjacent landowner before the utilizing the second alternative. b) If the adjacent property owner does not consent to the first alternative, the applicant shall achieve the five foot minimum wall height by constructing a new wall with matching block, as close as physically possible, adjacent to the existing wall, and fill the empty space between the two walls with pea gravel and slurry cap. The two walls shall be structurally 'bound together with tie rods. ROLL CALL: AYES: Commissioners Abels, Butler, Tyler, and Vice Chairman Robbins. NOES: None. ABSTAIN: None. ABSENT: Chairman Kirk. 15. It was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 2000-015 approving Site Development Permit 20000=675, subject to the Findings and Conditions as recommended. CAMy Documents\WPD0CS\PC4-1 l-20.wpd 12 Tjht 4 4 a" COUNCIL/RDA MEETING DATE: May 2, 2000 ITEM TITLE: Public Hearing on the Fiscal Year 2000- 2001 Through 2004-2005 Capital Improvement Program AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 4 Adopt a Resolution of the City Council approving the Fiscal Year 2000-2001 through 2004-2005 Capital Improvement Program (CIP). Adoption of the Resolution will approve the projects identified in the Fiscal Year 2000- 2001 through 2004-2005 CIP. However, allocation of funds for these projects will not be approved until the City Council approves the Fiscal Year 2000-2001 annual operating budget. The first year of the five year forecast, or capital budget, will be included in the City's Annual Operating Budget. When the City Council approves the Annual Operating Budget for Fiscal Year 2000-2001, it will also authorize the expenditure of $10,942,120 for Fiscal Year 2000-2001 capital project expenditures. The CIP was developed in a conservative manner. Projections were assumed using conservative estimates consistent with operating revenues. The projects for the next five years, as shown, are based on considered need and funding the City has available at this time with conservative projections of Development Impact Fees (500 units per year) anticipated to be collected. None at this time. T:\PWDEPT\COUNCIL\2000\000502a.wpd The CIP and five year forecast was presented to the City Council for review during a Study Session on April 4, 2000. The document is a statement of the City's goals, objectives, and priorities for a 5-year CIP and the financial commitments required to accomplish those objectives. The preparation of this document has been a joint effort of the City Manager's Office, Public Works Department, Finance Department, Building and Safety Department, Community Services Department, and the Community Development Department. The purpose of the CIP is to provide the City with a long-range program for major municipal capital construction projects based on the systematic development of an advanced financial plan. The CIP is a 5-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a way that maximizes the return to the public. As each annual budget is prepared, additional projects and priority needs are developed and added to the program to maintain a total 5-year plan. The first year of the CIP is called the capital budget and is based on the City's present fund balances. The capital budget is incorporated into the annual City "operating" budget, which appropriates funds for specific facilities, equipment and improvements. Projects slated for subsequent years in the program are approved on a planning basis only and do not receive ultimate expenditure authority until they are ultimately incorporated into the capital budget. The 1999-2000 CIP identified $1 1,071,959 in capital improvement projects. All 1999/2000 projects are either completed, currently in the design or construction stage, or have contracts that will be awarded •by the end of the fiscal year, with the exception of Project Number 199904 - Avenue 52 (Jefferson Street west to Citrus Entrance). This project will be funded through a Federal grant (Hazard Elimination System) and the funding will not be available until July 2000. Included within the CIP is the Capital Improvement Plan Project Expenditure Status Report. This report identifies projects completed and underway from previous fiscal years. Specifically, there are 46 projects that are in various stages of completion. Nineteen of these projects are 100% complete. Another six projects are anticipated to be 100% complete by June 30, 2000. Once these projects are complete, any remaining funds will be allocated to future projects on a priority basis as approved by the City Council on a project by project basis. 002 T:\PWOEPT\COUNCIL\2000\000502a.wpd During the April 4, 2000 Study Session, the City Council requested that the Sagebrush Sound Wall be added as a project in the 2000-2001 Fiscal Year. This project has been added as Project No. 200018 with a cost estimate totaling $145,827.00 and is proposed to be funded through the Development Impact Fee (DIF). The Council also directed that a sidewalk on Washington Street, from Saguaro to Avenue 50 and on Avenue 50, from Washington Street to approximately 1,281 LF east of Washington Street be included as part of Project 200004 - Avenue 50 Low Water Crossing Interim Improvement. The addition of the sidewalk increased the project budget for Project 200004 by $39,998.00, the revised project total is now $373,695.00. The City Council directed the following administrative corrections: Clarification of the summary of expenditures within the CIP Background and Overview - the fifth paragraph on page 2 was amended to reflect the difference between 100% complete projects and those projects anticipated to be 100% complete on or before June 30, 2000; Clarification of the project description for Project 200001 - Montero Estates Sound Wall - the project description has been amended to read: "Construct a sound wall along the Montero Estates frontage, on the west side of Washington St. from the intersection of Avenue 50 north approximately 2,000 L.F. and on the north side of Avenue 50 from the intersection of Washington Street west approximately 1,000 L.F."; Clarification of the project description for Project 200006 - Municipal Library - the project description has been amended to read: "Design of 20,000 square foot library facility. The proposed library will be constructed in phases. The first phase anticipates a 10,000 sq. ft. facility to be constructed within the Civic Center Campus in Fiscal Year 2003/04. Additional phases will be constructed when the need occurs and funding is available"; Clarification of the project description for Project 200007 - Cove Mini -Park Improvement - the project description has been amended to read: " Acquire and develop a new mini -park site within the Cove area. Improvements include the installation of playground and picnic equipment"; Corrections to the additional comments for Project 200011 - Phase I Community Park Development - the last sentence within the additional comments at the bottom of the page has been amended to read: "Refer to Project AD12 for additional information"; Clarification of the method of calculation for the operating costs identified within Project 200015 - Phase II Fritz Burns Park Improvements. After careful review, the operating costs for this improvement were reduced from $15,000.00 per year to $8,240.00 per year. The revised operating costs are based on annual estimated costs of $2,000.00 for routine maintenance, $600.00 for miscellaneous equipment. replacement, and $5,640 for power consumption; and r 4.- 003 T:\PWOEPT\COUNCIL\2000\000502a.wpd The addition of clear and distinct page numbers have been included throughout the CIP. Based upon the direction provided by the City Council during their April 4, 2000 Study Session, the Fiscal Year 2000-2001 identifies $ 10,942,120 in improvements. Overall the City is proposing approximately $ 20,871,799 in projects during the next five years. The remaining projects represent "Additional Projects" totaling $12,922,020. The total funding of "Additional Projects" listed will require future City Council consideration to ensure revenue availability. This CIP has been developed using fiscally conservative methodology as directed by the City Council. Prior to proceeding with any project, City Staff will present the project to the City Council for authorization. On April 12, 2000, bids were opened for the Phase VI Improvement Project. This was subsequent to the City Council's Study Session on April 4, 2000. The CIP was developed utilizing cost estimates completed by Korve Engineering for the Phase VI Improvements. The bids for the street improvement portions of Phase VIA, Village Commercial, Phase VIB, Cove Residential, and the Prototypical Street were substantially higher than originally estimated by Korve Engineering (approximately $1.6 million. Consequently, more funding is required in order to award and complete the Phase VI Improvement Projects within the boundaries of Redevelopment Agency Project Area No. 1. These improvements include the Prototypical Street and all street and drainage improvements within Phase VIA- Village Commercial Area and Phase VIB- Cove Residential Area. The City Council may wish to reprioritize projects identified in the Draft CIP or direct staff to identify additional funding sources and approve the Draft CIP with the changes previously described. The alternatives available to the City Council include:. 1 . Adopt a Resolution of the City Council approving the Fiscal Year 2000-2001 through 2004-2005 Capital Improvement Program (CIP); or 2. Make appropriate changes to the Fiscal Year 2000-2001 through 2004-05 Capital Improvement Program (CIP) and direct staff to make necessary revisions, and adopt the Resolution approving the Fiscal Year 2000-2001 through 2004- 05 CIP at a future City Council meeting: or 3. Provide Staff with alternative direction. Respectfully submitted, //0-,0f7- Chris A. Vogt,"' Public Works Director/City Engineer W T:\PWOEPT\COUNCIL\2000\000502a.wpd Approved for submission by: Thomas P. Genovese City Manager T:\PWDEPT\COUNCIL\2000\000502a.wpd "I RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ADOPTING THE FISCAL YEAR 2000-2001 THROUGH 2O04-2005 CAPITAL IMPROVEMENT PLAN WHEREAS, pursuant to Government Code Section 66002, the City of La Quinta (the "City") is required to review and adopt a Capital Improvement Plan (the "Plan"); and WHEREAS, the City is required to conduct a noticed public hearing for consideration of adoption of the Plan; and WHEREAS, notice of the public hearing has been given pursuant to Government Code Section 65090; and WHEREAS, the Capital Improvement Program (CIP) is a five (5) year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes the return to the public; and WHEREAS, the CIP is a statement of the City's goals, objectives and priorities for a five (5) year CIP and the financial commitments required to accomplish those objectives; and WHEREAS, the Fiscal Year 2000-2001 through 2004-2005 CIP proposes approximately $20,871,799 in improvement projects and $12,922,020 of unfunded additional improvement projects over the five (5) year period, commencing on July 1, 2000 and ending June 30, 2005; and WHEREAS, the first year of the CIP, called the capital budget, proposes $10,942,120 in improvements, as shown in Exhibit 1, heretofore made a part of this Resolution. NOW THEREFORE, the City Council for the City of La Quinta does hereby approve the capital budget, including the appropriation of funds, as shown in Exhibit 1, heretofore made a part of this Resolution; and BE IT FURTHER RESOLVED, the City Council for the City of La Quinta authorizes the inclusion of said capital budget into the Fiscal Year 2000-2001 operating budget, which appropriates funds for specific facilities, equipment and improvements. T:\PWDEPT\COUNCIL\2000\000502a.wpd PASSED, APPROVED, AND ADOPTED this 2"d day of May 2000, by the following vote: 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 04u T:\PWDEPT\COUNCIL\200ON000502a.wpd