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2000 06 20 CCV - OF T CALL TO ORDER ROLL CALL Council Members: PUBLIC COMMENT 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 June 20, 2000 - 2:00 P.M. Beginning Res. No. 2000-63 Ord. No. 344 Adolph, Henderson, Perkins, Sniff, Mayor Pena 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. 1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (b) (3) (D) CONCERNING THREATENED LITIGATION FOR PUBLIC HEARING ITEM NUMBER 1 ON THE CITY COUNCIL AGENDA. 2. PUBLIC EMPLOYMENT - CITY MANAGER - PURSUANT TO GOVERNMENT CODE SECTION 54957. NOTE: TIME PERMITTING, THE CITY COUNCIL 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. RECONVENE AT 3:00 P.M. 001 II. PLEDGE OF ALLEGIANCE WITI-PILW901111614 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 JOINT CITY COUNCIL/PLANNING COMMISSION/ARCHITECTURAL REVIEW COMMITTEE MEETING OF MAY 10, 2000. 2. MINUTES OF THE MEETING OF JUNE 6, 2000. PRESENTATIONS - None i •Z7�,��•I �I.1��d Note: Consent Calendar Items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED JUNE 20, 2000. 2. TRANSMITTAL OFREVENUE AND EXPENDITURES REPORT DATED APRIL 30, 2000. 2. TRANSMITTAL OF TREASURER'S REPORT DATED APRIL 30, 2000 3. ADOPTION OF A RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL. ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA. Page 2 00" 4. ADOPTION OF A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000. 5. ADOPTION OF A RESOLUTION ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION. 6. APPROVAL TO PREPARE AND ISSUE A REQUEST FOR PROPOSALS TO DESIGN PROFESSIONALS REGARDING THE COVE MINI PARK EXPANSION (EISENHOWER PARK), PROJECT NO. 2000-02 7. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29702, KSL DESERT RESORTS, INC. 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29457-1, RANCHO LA QUINTA, T.D. DESERT DEVELOPMENT. 9. APPROVAL OF A JOINT USE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF THE COACHELLA VALLEY. 1. CONSIDERATION OF A RESOLUTION ADOPTING THE INVESTMENT POLICY OF THE CITY OF LA QUINTA FOR FISCAL YEAR 2000/2001. A. RESOLUTION ACTION 2. CONSIDERATION OF CITY MARKETING PLAN FOR FISCAL YEAR 2000/2001. A. MINUTE ORDER ACTION 3. CONSIDERATION OF A RESIDENTIAL ENERGY ASSISTANCE RATE PROGRAM. A. MINUTE ORDER ACTION 4. CONSIDERATION OF BRONZE RELIEF MAP DETAILS FOR THE CIVIC CENTER CAMPUS ARTWORK PROJECT. A. MINUTE ORDER ACTION 5. CONSIDERATION OF THE COMMUNITY SERVICES COMM ISSION.2000/2001 WORK PLAN. A. MINUTE ORDER ACTION 6. CONSIDERATION OF AN AWARD OF CONTRACT TO CONSTRUCT THE PHASE VI A, B, C, AND D IMPROVEMENTS, PROJECT NO. 98-19, WITHIN ASSESSMENT DISTRICT 2000-1. A. MINUTE ORDER ACTION Page 3 003 7. CONSIDERATION OF APPROVAL OF PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE AND AUTHORIZATION FOR STAFF TO ADVERTISE BIDS FOR C.I.P. PROJECT NO. 98-18, COVE OASIS/LAKE CAHUILLA TRAIL HEAD IMPROVEMENTS. A. MINUTE ORDER ACTION 8. CONSIDERATION OF CONTRACT CHANGE ORDER (CCO) NO. 6 TO JACOBSSON ENGINEERING CONSTRUCTION FOR MODIFICATIONS TO THE CITY OF LA_ QUINTA LOGO ASSOCIATED WITH PROJECT NO. 98-05, CITY ENTRANCE MONUMENTS. A. MINUTE ORDER ACTION STUDY SESSION - NONE 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 10. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE 1 1. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 12. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) 13. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) 14. CULTURAL ARTS COMMISSION MEETING MINUTES OF MARCH 9, 2000. 15. COMMUNITY SERVICES COMMISSION MEETING MINUTES OF MAY 8, 2000. 16. INVESTMENT ADVISORY BOARD MINUTES OF MAY 10, 2000. 17. PLANNING COMMISSION MINUTES OF MAY 9, AND MAY 23, 2000. 18. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE MINUTES OF MAY 3, 2000. 19. HISTORIC PRESERVATION COMMISSION MINUTES FOR MARCH 22, 2000. 10:1-j-11M Mg am •: 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS. 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS. 4. BUILDING AND SAFETY DIRECTOR A. DEPARTMENT, REPORT FOR THE MONTH OF MAY, 2000. 5. COMMUNITY DEVELOPMENT DIRECTOR A. DEPARTMENT REPORT FOR THE MONTH OF MAY, 2000. 6. COMMUNITY SERVICES DIRECTOR A. DEPARTMENT REPORT FOR THE MONTH OF MAY, 2000. 7. FINANCE DIRECTOR 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER A. DEPARTMENT REPORT FOR THE MONTH OF MAY, 2000. 9. POLICE CHIEF A. DEPARTMENT REPORT FOR THE MONTH OF MAY, 2000. 10. BATTALION CHIEF OUP Page 4 RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three 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. CONTINUED PUBLIC HEARING TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, APPROVAL OF A SPECIFIC PLAN AND CONDITIONAL USE PERMIT ALLOWING FESTIVAL GROUNDS, PARKING LOTS, ADMINISTRATIVE AND CLASSROOM BUILDING, AND ANCILLARY FACILITIES ON 28.33 t ACRES LOCATED ON THE WEST SIDE OF WASHINGTON STREET, BETWEEN 47T" AVENUE AND 48T" AVENUE. APPLICANT: LA QUINTA ARTS FOUNDATION. A. RESOLUTION ACTION(S) 2. CONTINUED PUBLIC HEARING ON GENERAL PLAN LAND USE ALTERNATIVES. A. NO REQUIRED ACTION. 3. PUBLIC HEARING ON LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, FISCAL YEAR 2000/2001 A. RESOLUTION ACTION. 4. PUBLIC HEARING ON TENTATIVE TRACT MAP 29586, A REQUEST TO SUBDIVIDE 8.58 ACRES INTO TWO MULTIFAMILY LOTS AND FOUR LETTERED LOTS, LOCATED SOUTH OF 50T" AVENUE, WEST OF WASHINGTON STREET, AT THE SOUTHERN TERMINUS OF AVENIDA LOS VERDES, IN DUNA LA QUINTA. APPLICANT: CENTURY-CROWELL COMMUNITIES. A. RESOLUTION ACTION Page 5 005 5. PUBLIC HEARING ON TENTATIVE TRACT MAP 28409, A REQUEST FOR A SECOND ONE- YEAR TIME EXTENSION FOR A PREVIOUSLY APPROVED SINGLE FAMILY SUBDIVISION OF 19 LOTS AND OTHER COMMON LOTS ON 9.15 ACRES LOCATED ON THE NORTH SIDE OF AVENIDA MONTEZUMA AND WEST OF THE YUCATAN PENINSULA NEIGHBORHOOD. APPLICANTS CHARLES MURPHY AND LYNN KUNKLE. A. RESOLUTION ACTION 6. CONTINUED PUBLIC HEARING ON SPECIFIC PLAN 97-029, AMENDMENT NO. 2 AND DEVELOPMENT AGREEMENT, AMENDMENT NO. 2, A REQUEST FOR APPROVAL TO MODIFY THE SIGN REGULATIONS, ALLOW CAR DISPLAY RACKS, AND OTHER MAJOR CHANGES AND APPROVAL OF AN AMENDMENT TO THE DEVELOPMENT AGREEMENT IN REGARD TO DEFINITIONS. APPLICANT: STAMKO DEVELOPMENT COMPANY A. RESOLUTION ACTION B. WAIVE THE READING IN FULL AND INTRODUCE AN ORDINANCE BY TITLE ONLY 7. A PUBLIC HEARING ON TENTATIVE TRACT MAP 29436, TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO SUBDIVIDE 75.86 ACRES INTO 169 RESIDENTIAL LOTS AND OTHER COMMON LOTS ON PROPERTY LOCATED NORTH OF EISENHOWER DRIVE, EAST OF COACHELLA DRIVE AND A GENERAL PLAN AMENDMENT AND SPECIFIC PLAN TO ALLOW TRAFFIC SIGNAL SPACING OF LESS THAN 1,200 FEET. APPLICANT: U.S. HOMES CORPORATION. A. CONTINUANCE REQUESTED 8. A JOINT PUBLIC HEARING BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY, THE CITY OF LA QUINTA AND CATELLUS RESIDENTIAL GROUP TO CONSIDER TERMINATION OF TWO AFFORDABLE HOUSING AGREEMENTS BETWEEN THE REDEVELOPMENT AGENCY AND CATELLUS RESIDENTIAL GROUP. A. MINUTE ORDER ACTION 9. A JOINT PUBLIC HEARING BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY, THE CITY OF LA QUINTA AND RECREACTION GROUP OF COMPANIES AND LINC HOUSING TO CONSIDER TWO AFFORDABLE HOUSING AGREEMENTS BETWEEN THE AGENCY AND RECREACTION GROUP OF COMPANIES AND LINC HOUSING. A. CONTINUANCE REQUESTED Fix 11416111VII tilli 000 Page 6 Kd,*IW-IT�`tLl �P►r� ' 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 June 20, 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, June 16, 2000. DATED: June 16, 2000 JUNE S. GREEK, CMC/AAE City Clerk, City of La Quinta, California R�13Q�i •�3L� 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. 007 Page 7 Tiht 4 4 Q" COUNCIL/RDA MEETING DATE: JUNE 20, 2000 ITEM TITLE: Demand Register Dated June 20, 2000 RECOMMENDATION: Approve Demand Register Dated June 20, 2000 BACKGROUND: Prepaid Warrants: AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 41377 - 414041 3,077.12 41405 - 414171 47,958.58 41418 - 414211 41,773.34 Auto Mall Cks} 4,853.76 Wire Transfers', 25,207.71 P/R 5132 - 5204; 90,577.21 P/R Tax Transfers; 25,497.76 CITY DEMANDS Payable Warrants: 41422 - 415471 340,941.53 RDA DEMANDS $579,887.01 FISCAL IMPLICATIONS: Demand of Cash -City $579,887.01 John M. Falco'her, Finance Director t"1114- $579,887.01 WON $579,887.01 008 CITY OF LA QUINTA AUTO MALL BANK ACCOUNT TRANSACTIONS 3/8/00 - 4/5/00 CHECK # 1027 STAMKO DEVELOPMENT $4,853.76 TOTAL TRANSACTIONS $4,853.76 00v CITY OF LA QUINTA BANK TRANSACTIONS 5/11/00 - 6/15/00 5/12/00 WIRE TRANSFER - DEFERRED COMP 5/12/00 WIRE TRANSFER - PERS 5/12/00 WIRE TRANSFER - CREDIT UNION $5,479.65 $13,440.06 $6,288.00 TOTAL WIRE TRANSFERS OUT $25,207.71 Clio 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:12AM 06/15/00 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.*** 41422 06/15/00 &01113 CONVENTION SUPPORT SVC 100.00 41423 06/15/00 &01114 JAMES DAUGHTRY 321.87 41424 06/15/00 &01115 R & R SERVICES 100.00 41425 06/15/00 &01116 VERONICA SOPTICH 15.00 41426 06/15/00 &01117 WAL MART PHARMACY 350.00 41427 06/15/00 &01118 JEAN PROCIW 10.00 41428 06/15/00 &01119 MATTHEW D BREINDEL 4.00 41429 06/15/00 &01120 PATRICK MORSE 23.00 41430 06/15/00 &01123 GERARDO MELGOZA 5.00 41431 06/15/00 &01124 FRANCISCO MERCADO 5.00 41432 06/15/00 AlRO01 A=l RENTS 372.92 41433 06/15/00 ACE010 ACE HARDWARE 981.37 41434 06/15/00 ADT100 ADT SECURITY SVC INC 318.94 41435 06/15/00 ALC050 BOB ALCALA 115.50 41436 06/15/00 AMC050 A & M CONSTRUCTION 3365.00 41437 06/15/00 AME200 AMERIPRIDE UNIFORM SVCS 157.99 41438 06/15/00 ANI050 ANIMAL CARE EQUIPMENT 455.93 41439 06/15/00 ATT075 AT&T WIRELESS SERVICES 425.28 41440 06/15/00 AUT030 AUTOMATED TELECOM 600.26 41441 06/15/00 BER150 BERRYMAN & HENIGAR INC 5184.00 41442 06/15/00 BOG100 SHARON BOGAN 168.00 41443 06/15/00 BOY075 BOYS & GIRLS CLUB OF 14295.00 41444 06/15/00 CAD010 CADET UNIFORM SUPPLY 317.33 41445 06/15/00 CAL016 CA ASSEMBLY OF LOCAL ARTS 75.00 41446 06/15/00 CAR300 CARQUEST 115.55 41447 06/15/00 CDWO50 CDW GOVERNMENT INC 714.50 41448 06/15/00 CEN010 CENTURY FORMS INC 69.07 41449 06/15/00 CEN050 CENTURY CROWELL 8.65 41450 06/15/00 COA071 COACHELLA VALLEY PRINTING 4797.84 41451 06/15/00 COA073 COACHELLA VLLY RECREATION 1538.86 41452 06/15/00 COM015 COMPUTER U LEARNING CENTR 1125.00 41453 06/15/00 COM030 COMSERCO 967.07 41454 06/15/00 C00100 COOLEY CONSTRUCTION INC 1666.67 41455 06/15/00 COS050 COSTCO BUSINESS DELIVERY 994.88 41456 06/15/00 DESO49 DESERT SANDSCAPES INC 49.00 41457 06/15/00 DES060 DESERT SUN PUBLISHING CO 2131.38 41458 06/15/00 DES065 DESERT TEMPS INC 4564.22 41459 06/15/00 DOU010 DOUBLE PRINTS 1 HR PHOTO 8.43 41460 06/15/00 DOU200 LES DOUGLAS 157.15 41461 06/15/00 EVA050 DAVID EVANS & ASSOC INC 24030.00 41462 06/15/00 FED010 FEDERAL EXPRESS CORP 390.66 41463 06/15/00 GAR040 GARZA TURF & POWER EQUIP 288.61 41464 06/15/00 GAS010 GASCARD INC 257.95 41465 06/15/00 GCS010 GCS WESTERN POWER & EQUIP 3403.52 41466 06/15/00 GE0010 GEORGE'S GOODYEAR 696.40 41467 06/15/00 HAI100 HAINES & COMPANY INC 288.91 41468 06/15/00 HEG050 JIM HEGGE 580.00 011 0 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:12AM 06/15/00 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 41469 06/15/00 HER010 JERRY HERMAN 56.50 41470 06/15/00 HIG010 HIGH TECH IRRIGATION INC 297.81 41471 06/15/00 HOA010 HUGH HOARD INC 130.00 41472 06/15/00 HOM030 HOME DEPOT 52.43 41473 06/15/00 H00050 FAYE HOOPER 100.00 41474 06/15/00 IMPO10 IMPERIAL IRRIGATION DIST 4.11 41475 06/15/00 IND030 INDIO SHOE STORE INC 203.65 41476 06/15/00 JAC200 JACOBSSON ENGINEERING INC 13485.79 41477 06/15/00 JAS100 JAS PACIFIC 11649.80 41478 06/15/00 JPRO10 JP REPROGRAPHICS 1432.80 41479 06/15/00 KEL010 KELLY SERVICES INC 1495.84 41480 06/15/00 KIN100 KINER/GOODSELL ADVERTISNG 5456.75 41481 06/15/00 KRI100 BRUCE KRIBBS CONSTRUCTION 440.00 41482 06/15/00 LAQ030 LA QUINTA CAR WASH 29.85 41483 06/15/00 LAQ058 LA QUINTA H S FOUNDATION 5000.00 41484 06/15/00 LEA020 LEAGUE OF CALIF CITIES 15.00 41485 06/15/00 L00010 LOCK SHOP INC 8.00 41486 06/15/00 LOW100 LOWE'S COMPANIES INC 95.88 41487 06/15/00 LUC050 LUCENT TECHNOLOGIES 1346.79 41488 06/15/00 LUN050 LUNDEEN PACIFIC CORP 39019.81 41489 06/15/00 MCDO10 MC DOWELL AWARDS 207.69 41490 06/15/00 MCK010 McKESSON WATER PRODUCTS 146.60 41491 06/15/00 MIT150 MICHAEL MITCHELL 90.30 41492 06/15/00 MOM100 MOM'S GAS STATION 1425.41 41493 06/15/00 MUN010 MUNI FINANCIAL SERV INC 3041.16 41494 06/15/00 NAD100 JACK NADEL INC 462.56 41495 06/15/00 NAT022 NATIONAL LEAGUE OF CITIES 1132.00 41496 06/15/00 NAW010 RON NAWROCKI 1000.00 41497 06/15/00 NIC101 NICKERSON & ASSOCIATES 15134.85 41498 06/15/00 OLI100 OLINN MESSAGE CENTER 91.09 41499 06/15/00 OUT100 OUTDOOR SERVICES INC 100.00 41500 06/15/00 OWE020 OWEN & BRADLEY 14494.00 41501 06/15/00 PER010 RONALD A PERKINS 25.12 41502 06/15/00 PRI020 THE PRINTING PLACE 870.62 41503 06/15/00 PROO10 PROTECTON SERVICE IND 248.04 41504 06/15/00 RAD050 RADIO SHACK 33.45 41505 06/15/00 RAL050 RALPHS GROCERY CO 36.99 41506 06/15/00 RAS020 RASA - ERIC NELSON 2370.00 41507 06/15/00 RIE200 PAT RIENSCHE 246.40 41508 06/15/00 RIV072 RIVERSIDE CNTY EXPLORER 6000.00 41509 06/15/00 RIV080 RIVERSIDE COUNTY HEALTH 1145.00 41510 06/15/00 RIV102 RIVERSIDE COUNTY SHERIFF 1200.00 41511 06/15/00 RIV103 RIVERSIDE COUNTY SHERIFF 1200.00 41512 06/15/00 RIV106 RIV CNTY SHERIFF TECHNICL 20560.00 41513 06/15/00 RUI100 JOHN RUIZ 41.67 41514 06/15/00 SAN200 SAN DIEGO ROTARY BROOM CO 387.90 41515 06/15/00 SAX100 SAXON ENGINEERING SERVICE 5040.00 41516 06/15/00 SEC050 SECURITY LINK/AMERITECH 108.21 41517 06/15/00 SIM025 SIMON MOTORS INC 29579.76 01 A ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:12AM 06/15/00 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 41518 06/15/00 SKY200 SKYTEL 12.81 41519 06/15/00 SMA010 SMART & FINAL 160.24 41520 06/15/00 SM1010 MARILYN SMITH 36.70 41521 06/15/00 SM0010 DONNALDA SMOLENS 208.00 41522 06/15/00 SOU007 SOUTHWEST NETWORKS, INC 4481.11 41523 06/15/00 S00010 SOUTHERN CALIF GAS CO 175.74 41524 06/15/00 SOU100 SOUTHLAND GEOTECHNICL INC 602.50 41525 06/15/00 SOU201 SO CAL CITY CLERKS ASSOC 30.00 41526 06/15/00 SPRO10 SPRINT 710.90 41527 06/15/00 STA045 STAN'S AUTO TECH 115.02 41528 06/15/00 STA050 STAPLES 1147.33 41529 06/15/00 STA150 STATER BROS 74.95 41530 06/15/00 STE002 STEAM ON 100.00 41531 06/15/00 SUN080 SUNLINE SERVICES GROUP 100.52 41532 06/15/00 SZE100 SHARON SZESNY 284.20 41533 06/15/00 TIE050 TIERRA PLANNING & DESIGN 50.00 41534 06/15/00 TOP010 TOPS'N BARRICADES INC 642.16 41535 06/15/00 TRA020 TRANSAMERICA INTELLITECH 490.74 41536 06/15/00 TRIO10 TRI LAKE CONSULTANTS INC 30516.00 41537 06/15/00 TRU010 TRULY NOLEN INC 86.00 41538 06/15/00 TTI100 TTI NATIONAL INC 7.99 41539 06/15/00 USO100 US OFFICE PRODUCTS 1280.26 41540 06/15/00 VAN075 VANDORPE CHOU ASSOC INC 3862.50 41541 06/15/00 WAL010 WAL MART STORES INC 649.76 41542 06/15/00 WEB100 BONNIE WEBER 728.00 41543 06/15/00 WES009 WEST COAST TRANSPORTATION 656.25 41544 06/15/00 WIL050 BRITT W WILSON 201.96 41545 06/15/00 XER010 XEROX CORPORATION 1928.22 41546 06/15/00 YEA100 E.L. YEAGER CONST CO INC 26641.33 41547 06/15/00 YOU100 YOUNG ENGINEERING SERVICE 1610.00 CHECK TOTAL 340,941.53 of M z .-I N M v' lO to r1 M H N V' Ln � O E z 0 0 u') x U ko la tp N M M v' V' M M O W E O o O O O O .--I H H C7 rC �o w "o io W \o ko �o �o W PO E E F F F F+ El E F E E+ E E a, M O O r O O O O O O O O O N p� E o O c0 0 0 o O O O O o oD li O z W E z (D o O ul o O v� m Ln O) M O O Ln r O .--I u) rl N Ln •" 1 p� ri N r-I M N a 0. o r O C. 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U w .Y. U w .Y. U w .Y. U w Y. w a O z z O H E W U H W U H W U H W U H W U H w U H W U H w U H W U H W U H W U H W U F-I z z z < a a w w w w w w w w w w w w N a a a< a 0 m a m a m a m z m z a H a H a H a H a H N a J z H w 0 w 0 w 0 w 0 w 0 w 0 w 0 w 0 W 0 a 0 w 0 r 0 a m ❑ z 0 E 0 E+ o E-F F F a H D E x H x H a H x E E E. m a m D m O m D m D m D m D m D m D m D m O m D E1 Cu z 0 O W > o .-I o r-1 O r-I o N C. N o r-1 O H O H O H O H O H o O 0 O 0 O o O 0 O o o O. O o o O 0 O o O O o O O O O U H U H O a O O a O O a O O r.0 w O r•C w o H w 0 H x% o H O H a O H s O .7 a: .--1 H H H O m 1- O m r-1 O m H O m H O m H O m H O m .-i O m H O m H O m r-4 O m H O m < U E E H E+ F F F H El H H H a o o O o o a o o D o 5 V Z m 0\ m m N O f-1 m N m M m U) M un m w m r m m m 0) UP 0 O -4 O N O M O v' 0 0 O F 0 Z H lD x U N N N C C C v l0 o W C7 W F m E+ E+ �- F to F F + to F H F o �o E to H a E H to E w H io E io H + io H E+ + H H ID E. c M D7 E-E Ln u) N m m H O Ln N M at Ln Ol o m c c m r r O M H M H o O C. M N 0 Z W E Z m N 10 Ol M m w 01 w m H M r m N w N N r m r N M C .-1 0) m m M ' A m r M M N O H C N 0 m M cr r m T rn N ID m a c c la N O �A UD r O O N N tD Ol N N M M O O M O m N t0 Q\ <t' m N r �o Ln �o H O N m N 0)m •-I a O �+ a M x m m x �o N .-1 O F Z I. a 5 a z z a U a a a H F a m m a w a z z z a U a w N Z a' F > Un a• E+ F F a. O Kf H co w a' w Q: fl E. H a W a' E. W X: W x W £ F:4 E. Un H a W O H 0 E+ �' 0 F (n U) 0 H 0 E- E 0. U) 0 El z O 04 0+ 0 F a a Un < 0 E-> w w > w > 0 F � 0 F+ O H F a a; U w (DO a m o m m U)a; O E.x Z x HXX H W w Qs m U) W a z <<< m a a a; U w a O > H a: 0 ❑ x U 0 h ❑ '7 W H W H W H 0 ❑ U o❑ O E-❑ O W< 0 U a s O ❑ a s O ❑ O O CD 0 0 U 0 ❑ Z H U Un Z w > Z Z UG W W > z w El .a a a .a a a a Z w > UZ H Z W > a Z W > < W H a w W r>� W r>� Z w > W H O W H O Z W > Ln L N Z W > Z FC Z w > 1 a 'J w 5 z aH'. la -I a: R: > > > Un W w a 3 3 U Un Un H F a F F U U a ❑ H H Cl O • w w O O cr la la "o m m OD 01 N r u) Cl) M N H M 0 O M M O a a4 > 1 Z > Z m E O 0 O w m r m Lo H m N Ln Ol o Ol 0 UT 0 r LOpq W H ❑ H ❑ H m Z O N N N N m N N W N N m m aD Cn N N m -4 H Ln N r .--I Ln r cm)0 I 1 0 I 0� O I 0 O I O F a z a r� m W m a I o o w F R: W r c Ln u'I O O O O O O N 0t O O O O O O O O 0 O N O 0 M U N M N r c (p U') m co 00 m O O O u) O O O O O m �O Lo u) Ln Ln LO m z N 0 M 0 M 0 M 0 Cl) 0 M 0 Ol 0 M o H c H r M r M M 0 41 0 ko ON 0 01 0 0) 0 N 0 El Z m O C ul M N Ln MMMNN v' N r N N O N O M N N M N N N O H N O H M O H N O H M LO H M N H m l0 l0 m l0 Ia m w W c LO M U () � C. C. H 0 •-1 0 (D 0 C) 0 H 0 H 0 H 0 H 0 H 0 H 0 H 0 H 0 H 0 H 0 H 0 H o H O U Z z z z w U HEl H H H >> U U U U U U a OUUU O O UW O LO Un R(i H ww H H m H w H wrzr� a .Z O Z O F z F Z E-E Z (7 H a O w O w O w O w O w O rx z z O z Un EE�C 9 F�C 9 0 0 0 W I x EE PPPP a W E. Un a Un a Un a a 00 a m a w Z r.0 W H U N m m m m m w H Un H $ H $ H 3 H 3 a 0: s z W 0 W (7 W 0 H U7 .] Z W 04 F F UEl F 3 rL O O O < < < Z N Ol O rP £ £ rW-i H H H F X X 0 < a Z O ❑ z a a a a a Z z H U) H H F H E H E H O % O Z a a a Z m a Un 0 Z < > 3 3 <<F�4 m S S O m W 3 x m x m a m 0; m w X w X W W W 0 N E+ Lu Z O m W > LO r O O O o " 0 - O O m O O u7 0 N O N 0 N O O o O 0 O 0 CD 0 O 0 O O O 0 a 0 0 a 0 a O Un O a O a CD a 0 a O x O Cr -4 m v / U FC U > S 4 3 3 3 < 3 W 3 W 3 H S H x H 3 H 3 W X W X W W W 0 2? 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.*** 41418 06/09/00 CAL040 CALIFORNIA VISION SERVICE 41419 06/09/00 CAN050 CANADA LIFE ASSURANCE CO 41420 06/09/00 PRI050 PRINCIPAL MUTUAL 41421 06/09/00 TRA030 TRANSAMERICA INSURANCE CHECK TOTAL 4:25PM 06/09/00 PAGE 1 PAYMENT AMOUNT 1138.85 505.33 40076.88 52.28 41,773.34 0,30 23 z m N d' o F z 0 0 rn 0 £ £ o W E £ £ £ £ f�A El El El ElH a a In m lD N N a H O m 1D N N z H W £ z O pp m Ill O m c OD N N Ill .--I Ill 01 -4 a m . In <M 00 CD op m W N O W In l0 N N m O r Ill r n o W O O z o o a p o O rj O N o O N W O W o z rC W FC h o FC N < O O a 0 vl ll O W O F \ F H co H El U E-H z 2 H iL H fY. m z H a 0 0 > a z o H o .a o O H al HW W W H H W w W W m > w > ❑ z > > ❑ m > a E o U W F..I p 0; c I I O O W o o O H ❑ H o O H z -4 d' m M r p o v z z o H x a a m w m a o o w H a o O O O o W Cl O O O O (q O O O O O £ D Ill r r1 m r z m m m M m N N N N N F z O o O o 0 0 Cl 0 0 Cl O O o o 0 0 O U U O o 0 0 0 W U O H U > W p W U W U to z M o off N V) FC FC z E F14 H H £ £ H 1..i a z z a W W W H " O z z O H H ^R`i' a ❑ a a a s v) z V U W f1 F E-E G+ w z 0 > o O o o C. a c to Ifl In M O o O O C) U U W W CHJ F 3. 24 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF 10:27AM 06/09/00 PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 41405 06/09/00 AMC050 A & M CONSTRUCTION 6780.00 41406 06/09/00 BAL150 ART BALLOY 420.00 41407 06/09/00 CAL050 STATE OF CALIFORNIA 224.80 41408 06/09/00 ELRO10 EL RANCHITO 240.34 41409 06/09/00 GTE010 GTE CALIFORNIA 2857.69 41410 06/09/00 GUM050 BRAD GUMMER 1008.00 41411 06/09/00 HOP100 NANCY HOPKINS 63.00 41412 06/09/00 INT005 INTERNAL REVENUE SVC-ACS 200.00 41413 06/09/00 LAQ050 LA QUINTA CITY EMPLOYEES 338.00 41414 06/09/00 LOG020 MARK LOGAN LANDSCAPE INC 35060.75 41415 06/09/00 RIV040 RIV CNTY DISTRICT ATTORNY 468.00 41416 06/09/00 SUP100 SUPPORT PAYMENT CLEARING- 150.00 41417 06/09/00 UN1005 UNITED WAY OF THE DESERT 148.00 CHECK TOTAL 47,958.58 25 z E- H N H m c O N M r c Ln 0 F O Z 0 rn 0 � H U U U rn 0 C� C7 C7 rn rn C7 rn rn 0 W r.0 pj W F W H rn H W F W F W E W F rn E (n E W F+ rn E+ rn E+ I O o E O o O o O m c M 01 O O 0 C. 0 O o N r O o O 0 H Z W £ >i F Z a O O co r o N c c N N o c N r un QD W O O M \O o O N W M M o �O O W l0 c O u) H a' a - l0 N r-I ui M O O O O O N c M m 1D o O 0 O 0 O 0 O Ln r o O O co o N -wu) F c N N o c N r U") oD CD O O M � (n 0Z O O N D Q oD M M O lD O Q > co W c a O cn p: O 3 lD 1 N r-I H I F!r u1 M H fy 1 I o H m cn H x cn H w U x cn H x cn H w a a a s a s a a a a s a s a a s a Z o W a F o E. o 1 F o z z E o E O E o E. O 1 I F. O I H O Z o p 0 C 1 1 F 0 C7 1 W U H H pp�j RC ElElF 0 N H O F U E 0 E 0 F N H N H H E. El 3-1 F H OH a co F o Uo WO a aO > VIo F Uo F Uo Wo (no x U JO x Wo 4j ) > z fY U m m Q D z D4 q z . Hq ❑ z H U Q z W q z Q Z O z Q % Q z •rl ❑ q z •H Q Q z fx H C.) z •H ❑ Q z •H ❑ H to w £ H w F > !n W > 04 W > z D w z > O w > E+ co w > E cn W > 9.4 W > a W > cow z > CL W > a u) Q w a z H 11 a o U x a z H z H a a o o a 1- a w U H w W q x r O > z 1 • > z W £ N o N H M H ❑ Q H H O z O Ot a c In H w x < w m a 1 1 o F 0 w Z w O O N Ol O O O O o O N m N o) O O O o M to O O O O W O u1 O O O Ln u) O O N O O .7. z Ol O l0 Ol O �O H N N r M l0 In M l0 01 O l0 01 O l0 f-1 N N M N N Ol o to N N N N H z o M u1 c/) In Cl O H O Ln �f7 Ln N M ul) o O O O O 01 O O O O O U c N O H r1 N N O O O U o o o o o o o o O o O o to a w w U H N z O I z H K U > O a W a F w O Ln a ° W W cn U U a U z H z a E. z I a E a O z rx Z z > a E W a ca E z H z o U O a a w o H x U Gu H a £ £ w O x a < E z c� o r E a F o a £ �c rz U U z w H 001 a z U a 1 a< 14 O F Ew-� a a' w w Q z x a a ma 01 E+ k z W a < u) 0 PO z H z 5 O > o LO O N O LO o H O .--I o ul O o L o O N o N - O c O O (� O U U �+ E. H O U H a m O a KC U O rz a O w E O £ D '-4 a O O E z O a O cD O O > H H a J m 4 o w 26 a O M O 0 N a I El W E a z (Q H D r a a r.0 a E. E. [++ z O D O El FC U O cA F O in Z F+ w z Co ao E D c uO O r rn a � r c 0 0 o O 0 0o a Ln < -4 H F > O E+ 3 F O z W W F £ a H a a+ FC z FC FC 0i a O 0 O W H E E U F O H O m 0 > a o Q H to W W WQ > 0\'. >. I a o H a a . w > w w z E as H O I Z O F a w o] 0 z F z 0 O U U a O 0 z W > 0 O 0 N N O 0 o H O H 03,11 27 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 1:55PM 05/31/00 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.*** 41377 05/31/00 ABE001 JAQUES ABELS 150.00 41378 05/31/00 BECO10 DEBORAH BECHARD 50.00 41379 05/31/00 BLA060 JAN BLAKELY 50.00 41380 05/31/00 BOB100 BILL BOBBITT 50.00 41381 05/31/00 BUL100 JAMES BULGRIN 50.00 41382 05/31/00 BUT010 RICHARD BUTLER 150.00 41383 05/31/00 CUN100 DENNIS CUNNINGHAM 50.00 41384 05/31/00 DAV010 MIKE DAVIS 50.00 41385 05/31/00 HUL010 KATHRYN HULL 50.00 41386 05/31/00 IMPO10 IMPERIAL IRRIGATION DIST 450.00 41387 05/31/00 IRWO10 JOSEPH IRWIN 50.00 41388 05/31/00 IRWO20 BARBARA IRWIN 50.00 41389 05/31/00 KIR010 TOM KIRK 150.00 41390 05/31/00 LEW010 TOM LEWIS 50.00 41391 05/31/00 MAH100 CYRILLE P MAHFOUD 50.00 41392 05/31/00 MIT150 MICHAEL MITCHELL 50.00 41393 05/31/00 MOU100 DONALD J MOULIN 50.00 41394 05/31/00 OLA100 MILTON OLANDER 50.00 41395 05/31/00 OSBO50 LEE M OSBORNE CPA 50.00 41396 05/31/00 PED010 KATHRYN PEDERSEN-NADLER 50.00 41397 05/31/00 REB050 JOAN REBICH 50.00 41398 05/31/00 REY055 FRANK R. REYNOLDS P.E. 50.00 41399 05/31/00 ROB150 STEVE ROBBINS 150.00 41400 05/31/00 SHA040 ROSITA SHAMIS 50.00 41401 05/31/00 STJO10 VICTORIA ST JOHNS 50.00 41402 05/31/00 TYL050 ROBERT T TYLER 150.00 41403 05/31/00 USPO10 U S POSTMASTER 827.12 41404 05/31/00 WRI050 ROBERT S WRIGHT 50.00 CHECK TOTAL 3,077.12 0 K FC N --� •--I N 0 W E O Z 0 L Ln O W U x E r.0 W W W E W x W C7 £ W C7 W U W C7 W C7 x W c� £ W C9 x W E 4 a a o rn H F F F E F F F E E. F F r E. 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O [zc) E z O O ul O u) O Ln O u-) O ul O N O ul o ul O u1 O u) O T) O u7 N p r♦ •--I V' a 0 0 0 0 0 0 o 0 O 0 O 0 o 0 o 0 O 0 O 0 o 0 0 N C7 Z 0 L C7 Z o Ln E O o u-) a 9 O o Ln o N + E x O o Ln C7 Z 0 Ln C7 Z 0 Ln aG q o N a x o < � O z o U w In N U w x £ u) a 00 >» F < N O O 0 a FC E a < o Z a U FC U a FC U u) a x FC W a FC Elr.0 > a CD FC E+ w a W Z O x o F. 0 > rn E o F x &+ 0 F 0 < E. 0 0 El< 0 a F > 0 U) ElE+ O a E+ 3 o 0 0 0 W H O F E. < F F E-E w E O F 1� U F E-E < E fL E+ F E+ W a V rU-I O W H C7 Z A: O F H a O a rL A: 0 U w 0; 0 E O4 o C7 Z D: O W a El O H q 0: O q a rC D; U 0 > q u) a O C] W x 0 E. 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PAID NUMBER NAME 41213 DEF 05/24/00 1033.89 USPO10 U S POSTMASTER TOTAL VOIDED 1,033.89 INVOICE DESCRIPTION POSTAGE 2:42PM 05/31/00 PAGE 1 3 si 3� T4'y44Q" COUNCIL/RDA MEETING DATE: June 20, 2000 Transmittal of Revenue and Expenditure Reports dated April 30, 2000 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of the April 30, 2000 Statement of Revenue and Expenditures for the City of La Quinta. Resp tfully sub ted: hn M. Falcdner, Finance Director �ro ed for sub io Thomas P. Genovese City Manager Attachments: 1. Revenue and Expenditures Report, April 30, 2000 040 CITY OF LA QUINTA REVENUES -ALL FUNDS 07/01/1999-4/30/2000 FUNDS BUDGET RECEIVED REMAINING BUDGET % RECEIVED General Fund Revenues $11,717,871.00 $13,045,646.50 ($1,327,775.50) 111.3% Library 200,000.00 383,648.81 (183,648.81) 191.8% Gas Tax Revenue 395,400.00 304,595.69 90,804.31 77.0% Cmaq/lstea 0.00 0.00 0.00 0.0% Federal Assistance 250,400.00 15,705.00 234,695.00 6.3% Assessment District 2000-1 2,806,700.00 42,350.38 2,764,349.62 1.5% Slesf (Cops) Revenue 1,100.00 50,270.59 (49,170:59) 4570.1% Local Law Enforcement 0.00 146.55 (146.55) N/A Lighting & Landscaping 764,400.00 472,556.51 291,843.49 61.8% Quimby 31,000.00 239,913.30 (208,913.30) 773.9% Infrastructure 1,497,500.00 925,879.85 571,620.15 61.8% Village Parking 1,600.00 610.84 989.16 38.2% South Coast Air Quality 25,244.00 17,836.59 7,407.41 70.7% Lq Public Safety Officer 2,200.00 2,169.82 30.18 98.6% Interest Allocation 0.00 553,236.83 (553,236.83) N/A Capital Improvement 42,300,320.97 10,325,686.62 31,974,634.35 24.4% Lq Norte Capital Improvement 0.00 2,768.71 (2,768.71) N/A Urban Forestry 0.00 0.00 0.00 N/A Equipment Replacement 1,022,889.00 1,014,618.75 8,270.25 99.2% Arts In Public Places 302,700.00 278,760.03 23,939.97 92.1 % Transportation 0.00 582,913.98 (582,913.98) N/A Parks & Recreation 0.00 393,171.27 (393,171.27) N/A Civic Center 0.00 564,056.05 (564,056.05) N/A Library Development 0.00 230,704.79 (230,704.79) N/A Community Center 0.00 104,518.39 (104,518.39) N/A Street Facility 0.00 19,598.50 (19,598.50) N/A Park Facility 0.00 6,408.13 (6,408.13) N/A La Quinta Financing Authority 697,670.00 706,158.16 (8,488.16) 101.2% RDA Project Area No. 1 19,246,785.00 11,293,162.67 7,953,622.33 134.8% RDA Project Area No. 2 6,947,736.00 4,008,347.94 2,939,388.06 135.0% Total $88,211,515.97 $45,585,441.25 $42,626,074.72 51.7% 04� 003 CITY OF LA QUINTA 07/01/1999-4/30/2000 GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Document Transfer Tax Sales Tax Transient Occupancy Tax Franchise Tax TOTAL TAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Electrical Permits Mechanical Permits Misc. Permits TOTAL LICENSES & PERMITS FEES: General Government Fees Finance Fees City Clerk Services Fees Community Services Fees Bldg & Safety Fees Community Development Fees Public Works Fees TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Off Hwy Vehicle License Motor Vehicle Code Fines Parking Violations Misc Fines AB939 CSA152 Assessment Historical Preservation Grant Sunline Transit CVAG County of Riverside -Grants State of California -Grants TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND REMAINING % BUDGET RECEIVED BUDGET RECEIVED 502,300.00 424,876.03 77,423.97 84.59% 433,900.00 344,576.81 89,323.19 79.41 % 222,000.00 298,721.47 (76,721.47) 134.56% 2,305,600.00 2,022,657.72 282,942.28 87.73% 3,050,000.00 3,107,641.08 (57,641.08) 101.89% 381,900.00 237,614.52 144,285.48 62.22% 6,895,700.00 6,436,087.63 459,612.37 93.33% 110,800.00 121,027.60 (1A,227.60) 109.23% 8,100.00 7,282.50 817.50 89.91% 412,500.00 1,284,903.88 (872,403.88) 311.49% 86,700.00 212,596.25 (125,896.25) 245.21 % 68,000.00 223,592.22 (155,592.22) 328.81% 35,800.00 115,372.00 (79,572.00) 322.27% 44,200.00 50,419.00 (6,219.00) 114.07% 766,100.00 2,015,193.45 (1,249,093.45) 263.05% 50.00 0.00 50.00 0.00% 50.00 65.85 (15.85) 131.70% 1,000.00 687.60 312.40 68.76% 124,210.00 115,007.07 9,202.93 92.59% 298,400.00 733,827.68 (435,427.68) 245.92% 107,800.00 246,578.93 (138,778.93) 228.74% 271,100.00 573,098.94 (301,998.94) 211.40% 802,610.00 1,669,266.07 (866,656.07) 207.98% 910,900.00 874,296.59 36,603.41 95.98% 250.00 390.18 (140.18) 156.07% 14,400.00 58,356.67 (43,956.67) 405.25% 22,300.00 17,175.82 5,124.18 77.02% 4,600.00 3,786.68 813.32 82.32% 91,100.00 94,344.47 (3,244.47) 103.56% 109,200.00 127,984.00 (18,784.00) 117.20% 10,000.00 0.00 10,000.00 0.00% 0.00 0.00 0.00 N/A 471,111.00 471,111.00 0.00 100.00% 55,000.00 56,311.73 (1,311.73) 102.38% 5,000.00 42,958.80 (37,958.80) 859.18% 1,693,861.00 1,746,715.94 (52,854.94) 103.12% 1,464,000.00 1,074,234.63 389,765.37 73.38% 55,600.00 68,678.42 (13,078.42) 123.52% 0.00 440.57 (440.57) N/A 55,600.00 69,118.99 (13,518.99) 124.31% 40,000.00 35,029.79 4,970.21 87.57% 11,717,871.00 13,045,646.50 (1,327,775.50) 111.33% CITY OF LA QUINTA 07/01/1999-4/30/2000 ALL OTHER FUNDS REVENUE DETAIL LIBRARY: County of Riverside Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107.5 Interest TOTAL GAS TAX CMAQ/ISTEA CMAQ/ISTEA Grant Interest TOTAL CMAQ/ISTEA FEDERAL ASSISTANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE REMAINING % BUDGET RECEIVED BUDGET RECEIVED 200,000.00 376,111.58 (176,111.58) 188.06% 0.00 7,537.23 (7,537.23) N/A 200,000.00 383,648.81 (183,648.81) 191.82% 123,200.00 97,671.31 25,528.69 79.28% 89,200.00 70,009.04 19,190.96 78.49% 172,500.00 129,642.63 42,857.37 75.16% 5,000.00 5,000.00 0.00 100.00% 5,500.00 2,272.71 3,227.29 41.32% 395,400.00 304,595.69 90,804.31 77.03% 0.00 0.00 0.00 N/A 0.00 0.00 0.00 N/A 0.00 0.00 0.00 0.00% 250,400.00 15,705.00 234,695.00 6.27% 0.00 0.00 0.00 N/A 250,400.00 15,705.00 234,695.00 6.27% ASSESSMENT DISTRICT 2000-1 Assessment Bond Proceeds 2,806,700.00 0.00 2,806,700.00 0.00% Prepayments -sewer assessments 0.00 42,350.38 (42,350.38) N/A TOTAL PROPOSED ASSESSMENT DISTRIC 2,806,700.00 42,350.38 2,764,349.62 1.51 % SLESF(COPS)REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding Interest Transfer in TOTAL LLEBG LIGHTING & LANDSCAPING REVENUE: Assessment Developer Interest TOTAL LIGHTING & LANDSCAPING QUIMBY REVENUE: Quimby Fees Interest TOTAL QUIMBY 0.00 48,372.24 (48,372.24) N/A 1,100.00 1,898.35 (798.35) 172.58% 1,100.00 50,270.59 (49,170.59) 4570.05% 0.00 0.00 0.00 N/A 0.00 146.55 (146.55) N/A 0.00 0.00 0.00 N/A 0.00 146.55 (146.55) N/A 764,200.00 440,216.15 323,983.85 57.60% 0.00 34,840.00 (34,840.00) N/A 200.00 (2,499.64) 2,699.64 -1249.82% 764,400.00 472,556.51 291,843.49 61.82% 20,000.00 234,962.30 (214,962.30) 1174.81 % 11,000.00 4,951.00 6,049.00 45.01 % 31,000.00 239,913.30 (208,913.30) 773.91 % �_ i 005 CITY OF LA QUINTA 07/01/1999-4/30/2000 ALL OTHER FUNDS REVENUE DETAIL (continued) INFRASTRUCTURE REVENUE: Infrastructure Fee Interest TOTALINFRASTRUCTURE VILLAGE PARKING REVENUE: Interest TOTAL VILLAGE PARKING SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution Interest TOTAL SCAQ LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transfer In TOTAL INTEREST ALLOCATION CAPITAL IMPROVEMENT FUND: CVAG Funding CVWD County of Riverside State of Ca- Office Emer. Services RCTC Funding IID SB300 Funding Surface Transportation S6821-Bicycle Path Grant APP Contribution Developer Agreement Funding Transfers in From Other Funds TOTAL CIP REVENUE LQ NORTE CAPITAL IMPROVEMENT FUND: Prepayment Bond Proceeds Interest TOTAL LQ NORTE CIP REMAINING % BUDGET RECEIVED BUDGET RECEIVED 1,066,500.00 722,216.68 344,283.32 67.72% 431,000.00 203,663.17 227,336.83 47.25% 1,497,500.00 925,879.85 571,620.15 61.83% 1,600.00 610.84 989.16 38.18% 1,600.00 610.84 989.16 38.18% 21,244.00 17,392.07 3,851.93 81.87% 4,000.00 444.52 3,555.48 11.11 % 25,244.00 17,836.59 7,407.41 70.66% 2,000.00 2,000.00 0.00 100.00% 200.00 169.82 30.18 84.91 % 2,200.00 2,169.82 30.18 98.63% 0.00 553,236.83 (553,236.83) N/A 0.00 0.00 0.00 N/A 0.00 553,236.83 (553,236.83) N/A 12,138,823.50 2,528,783.99 9,610,039.51 20.83% 1,753,171.00 0.00 1,753,171.00 0.00% 0.00 0.00 0.00 N/A (29,834.40) 0.00 (29,834.40) 0.00% 0.00 0.00 0.00 N/A 50,000.00 0.00 50,000.00 0.00% 67,000.00 0.00 67,000.00 0.00% 2,327,888.00 0.00 2,327,888.00 0.00% 0.00 0.00 0.00 N/A 712,410.00 316,388.94 396,021.06 44.41 % 1,025,652.84 502,154.01 523,498.83 48.96% 24,255,210.03 6,978,359.68 17,276,850.35 28.77% 42,300,320.97 10,325,686.62 31,974,634.35 24.41 % 0.00 0.00 0.00 N/A 0.00 0.00 0.00 N/A 0.00 2,768.71 (2,768.71) N/A 0.00 2,768.71 (2,768.71) N/A 006 CITY OF LA QUINTA 07/01/1999-4/3012000 ALL OTHER FUNDS REVENUE DETAIL (continued) URBAN FORESTRY Grant Revenue Interest TOTAL URBAN FORESTRY EQUIPMENT REPLACEMENT FUND: REMAINING % BUDGET RECEIVED BUDGET RECEIVED 0.00 0.00 0.00 N/A 0.00 0.00 0.00 N/A 0.00 0.00 0.00 N/A FMP Equipment Charges 510,578.00 510,783.00 (205.00) 100.04% Interest 41,200.00 32,724.75 8,475.25 79.43% Transfers In 471,111.00 471,111.00 0.00 100.00% TOTAL EQUIPMENT REPLACEMENT 1,022,889.00 1,014,618.75 8,270.25 99.19% ARTS IN PUBLIC PLACES REVENUE: * Arts in Public Places Deposits 275,500.00 265,188.53 10,311.47 96.26% * Arts in Public Places Credits Applied 0.00 0.00 0.00 N/A Interest 27,200.00 13,571.50 13,628.50 49.90% TOTAL ARTS IN PUBLIC PLACES 302,700.00 278,760.03 23,939.97 92.09% * These amounts are deposits and are treated as liabilities and not as revenues. TRANSPORTATION Developer fees Interest TOTAL TRANSPORTATION PARKS & RECREATION Developer fees Interest TOTAL PARKS & RECREATION CIVIC CENTER Developer fees Interest TOTAL CIVIC CENTER LIBRARY DEVELOPMENT Developer fees Interest TOTAL LIBRARY DEVELOPMENT 0.00 579,711.72 (579,711.72) N/A 0.00 3,202.26 (3,202.26) N/A 0.00 582,913.98 (582,913.98) N/A 0.00 390,992.90 (390,992.90) N/A 0.00 2,178.37 (2,178.37) N/A 0.00 393,171.27 (393,171.27) N/A 0.00 560,942.57 (560,942.57) N/A 0.00 3,113.48 (3,113.48) N/A 0.00 564,056.05 (564,056.05) N/A 0.00 229,425.74 (229,425.74) N/A 0.00 1,279.05 (1,279.05) N/A 0.00 230,704.79 (230,704.79) N/A 047 7 007 CITY OF LA QUINTA 07/01/1999-4/30/2000 ALL OTHER FUNDS REVENUE DETAIL (continued) COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developer fees Interest TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY REMAINING % BUDGET RECEIVED BUDGET RECEIVED 0.00 103,939.97 (103,939.97) N/A 0.00 578.42 (578.42) N/A 0.00 104,518.39 (104,518.39) N/A 0.00 19,491.19 (19,491.19) N/A 0.00 107.31 (107.31) N/A 0.00 19,598.50 (19,598.50) N/A 0.00 6,368.23 (6,368.23) N/A 0.00 39.90 (39.90) N/A 0.00 6,408.13 (6,408.13) N/A 04G 008 CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07/01/1999 - 4/30/2000 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET % EXPENDED General Fund $13,390,277.12 $8,917,872.01 $6,825.00 $4,465,580.11 66.6% Library 0.00 0.00 0.00 0.00 N/A Gas Tax 395,400.00 329,500.00 0.00 65,900.00 83.3% Cmaq/lstea 0.00 0.00 0.00 0.0% N/A Federal Assistance 130,000.00 0.00 0.00 130,000.00 0.0% Proposed Assessment District 2,806,689.00 0.00 0.00 2,806,689.00 0.0% Slesf (Cops) Revenue 0.00 25,429.79 0.00 (25,429.79) N/A Local Law Enforcement 0.00 0.00 0.00 0.00 N/A Lighting & Landscaping 777,105.31 637,000.00 0.00 140,105.31 82.0% Quimby 235,000.00 10,100.00 0.00 224,900.00 4.3% Infrastructure 7,736,774.71 3,289,427.20 0.00 4,447,347.51 42.5% Village Parking 0.00 0.00 0.00 0.00 N/A South Coast Air Quality 5,700.00 7,573.03 0.00 (1,873.03) 132.9% Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% Interest Allocation 0.00 0.00 0.00 0.00 N/A Capital Improvement 41,127,160.71 10,230,455.47 13,069.42 30,883,635.82 24.9% Lq Norte Capital Improvement 0.00 125,584.39 0.00 (125,584.39) N/A Urban Forestry 11,000.00 0.00 0.00 11,000.00 0.0% Equipment Replacement 889,923.00 193,632.77 0.00 696,290.23 21.8% Arts In Public Places 753,958.87 318,345.69 0.00 435,613.18 42.2% Transportation 0.00 0.00 0.00 0.00 N/A Parks & Recreation 0.00 0.00 0.00 0.00 N/A Civic Center 0.00 0.00 0.00 0.00 N/A Library Development 0.00 0.00 0.00 0.00 N/A Community Center 0.00 0.00 0.00 0.00 N/A Street Facility 0.00 0.00 0.00 0.00 N/A Park Facility 0.00 0.00 0.00 0.00 N/A La Quinta Financing Authority 1,206,421.78 697,084.08 0.00 509,337.70 57.8% RDA Project Area No. 1 25,849,213.49 15,081,853.96 0.00 10,767,359.53 58.3% RDA Project Area No. 2 12,556,897.39 3,597,149.73 0.00 8,959,747.66 28.6% Total $107,873,521.38 $43,461,008.12 $19,894.42 $64,392,618.84 40.3% 04 07/01 /1999 - 4/30/2000 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT REMAINING % BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED GENERAL GOVERNMENT: LEGISLATIVE 398,100.00 309,121.77 0.00 88,978.23 77.65% CITY MANAGER'S OFFICE 582,250.00 418,754.04 0.00 163,495.96 71.92% ECONOMIC DEVELOPMENT 811,650.00 623,925.49 0.00 187,724.51 76.87% PERSONNEURISK MGT 446,250.00 298,920.16 1,125.00 146,204.84 66.98% TOTAL GENERAL GOVERNMENT 2,238,250.00 1,650,721.46 1,125.00 586,403.54 73.75% FINANCE: CITY CLERK FISCAL SERVICES 490,250.00 356,370.56 0.00 133,879.44 72.69% CENTRAL SERVICES 574,246.00 442,018.02 0.00 132,227.98 76.97% TOTAL FINANCE 1,064,496.00 798,388.58 0.00 266,107.42 75.00% 366,650.00 244,502.57 0.00 112,147.43 68.56% COMMUNITY SERVICES SENIOR CENTER 232,170.00 181,240.36 0.00 50,929.64 78.06% PARKS & RECREATION ADMINISTRATION 565,769.00 410,464.45 0.00 155,304.55 72.55% PARKS & RECREATION PROGRAMS 67,750.00 44,414.66 0.00 23,335.34 65.56% TOTAL COMMUNITY SERVICES 865,689.00 636,119.47 0.00 229,569.53 73.48% POLICE 3,186,149.00 1,368,158.15 0.00 1,817,990.85 42.94% BUILDING & SAFETY: BUILDING & SAFETY - ADMIN 217,150.00 168,703.78 0.00 48,446.22 77.69% CODE COMPLIANCE 434,193.00 300,672.49 0.00 133,520.51 69.25% ANIMAL CONTROL 163,602.00 108,324.63 0.00 55,277.37 66.21% BUILDING 545,373.00 499,263.16 0.00 46,109.84 91.55% EMERGENCY SERVICES 46,900.00 34,749.54 0.00 12,150.46 74.09% FIRE 20,000.00 8,145.93 0.00 11,854.07 40.73% CIVIC CENTER BUILDING -OPERATIONS 1,187,853.00 1,106,891.13 0.00 80,961.87 93.18% TOTAL BUILDING & SAFETY 2,615,071.00 2,226,750.66 0.00 388,320.34 85.15% COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN 561,300.00 304,023.45 0.00 257,276.55 54.16% CURRENT PLANNING 937,799.00 426,362.26 0.00 511,436.74 45.46% TOTAL COMMUNITY DEVELOPMENT 1,499,099.00 730,385.71 0.00 768,713.29 48.72% PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 183,350.00 137,397.28 0.00 45,952.72 74.94% DEVELOPMENT & TRAFFIC 810,710.00 549,176.84 0.00 261,533.16 67.74% MAINT/OPERATIONS - STREETS 1,257,024.00 548,946.76 5,700.00 702,377.24 43.67% MAINT/OPERATIONS - LTG/LANDSCAPING 1,129,903.00 844,134.08 0.00 285,768.92 74.71% CAPITAL PROJECTS 155,005.00 133,305.07 0.00 21,699.93 86.00% TOTAL PUBLIC WORKS 3,535,992.00 2,212,960.03 5,700.00 1,317,331.97 62.58% TRANSFERS OUT GENERAL FUND REIMBURSEMENTS NET GENERAL FUND EXPENDITURES 1,682,416.34 1,227,161.67 0.00 455,254.67 72.94% (3,653,535.22) (2,177,276.29) 0.00 (1,476,258.93) 59.59% 13,390,277.12 8,917,872.01 6,825.00 4,465,580.11 66.60% r-,, it ), 010 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY LIBRARY FUND: PROJECT EXPENDITURES GAS TAX FUND: REIMBURSE GENERAL FUND QUIMBY FUND: TRANSFER OUT FEDERAL ASSISTANCE FUND: TRANSFER OUT 07/01/1999 - 4/30/2000 REMAINING % BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED 0.00 0.00 0.00 0.00 N/A 395,400.00 329,500.00 0.00 65,900.00 83.33% 235,000.00 10,100.00 0.00 224,900.00 4.30% 130,000.00 0.00 0.00 130,000.00 0.00% SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 5,700.00 7,573.03 0.00 (1,873.03) 132.86% TRANSFER OUT 0.00 0.00 0.00 0.00 N/A TOTAL SOUTH COAST AIR QUALITY 5,700.00 7,573.03 0.00 (1,873.03) 132.86% CMAQ/ISTEA TRANSFER OUT 0.00 0.00 0.00 0.00 N/A LA QUINTA PUBLIC SAFETY CONTRIBUTIONS 2,000.00 0.00 0.00 2,000.00 0.00% LLEBG FUND TRANSFER OUT 0.00 0.00 0.00 0.00 N/A SLEF (COPS) TRANSFER OUT 0.00 25,429.79 0.00 (25,429.79) N/A LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 764,400.00 637,000.00 0.00 127,400.00 83.33% TRANSFER OUT 12,705.31 0.00 0.00 12,705.31 0.00% fAL LTG/LANDSCAPING FUND TOTAL LTG/LANDSCAPING FUND 777,105.31 637,000.00 0.00 140,105.31 81.97% INFRASTRUCTURE: CONSTRUCTION 109,700.00 63,000.00 0.00 46,700.00 57.43% REIMBURSE GENERAL FUND 203,910.00 169,925.00 0.00 33,985.00 83.33% TRANSFER OUT 7,423,164.71 3,056,502.20 0.00 4,366,662.51 41.18% TOTAL INFRASTRUCTURE 7,736,774.71 3,289,427.20 0.00 4,447,347.51 42.52% ASSESSMENT DISTRICT 2000-1 TRANSFER OUT 2,806,689.00 0.00 0.00 2,806,689.00 0.00% Oil CITY OF LA QUINTA 07/01/1999 - 4/30/2000 GENERAL FUND EXPENDITURE SUMMARY REMAINING % BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED TRANSPORTATION Program Costs 0.00 0.00 0.00 0.00 N/A Transfer Out 0.00 0.00 0.00 0.00 N/A TOTAL TRANSPORTATION 0.00 0.00 0.00 0.00 N/A PARKS & RECREATION Program Costs 0.00 0.00 0.00 0.00 N/A Transfer Out 0.00 0.00 0.00 0.00 N/A TOTAL PARKS & RECREATION 0.00 0.00 0.00 0.00 N/A CIVIC CENTER Program Costs 0.00 0.00 0.00 0.00 N/A Transfer Out 0.00 0.00 0.00 0.00 N/A TOTAL CIVIC CENTER 0.00 0.00 0.00 0.00 N/A LIBRARY DEVELOPMENT Program Costs 0.00 0.00 0.00 0.00 N/A Transfer Out 0.00 0.00 0.00 0.00 N/A TOTAL LIBRARY DEVELOPMENT 0.00 0.00 0.00 0.00 N/A COMMUNITY CENTER Program Costs 0.00 0.00 0.00 0.00 N/A Transfer Out 0.00 0.00 0.00 0.00 N/A TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0.00 N/A STREET FACILITY Program Costs 0.00 0.00 0.00 0.00 N/A Transfer Out 0.00 0.00 0.00 0.00 N/A TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 N/A PARK FACILITY Program Costs 0.00 0.00 0.00 0.00 N/A Transfer Out 0.00 0.00 0.00 0.00 N/A TOTAL PARK FACILITY 0.00 0.00 0.00 0.00 N/A CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 40,210,933.81 10,120,124.51 13,069.42 30,077,739.88 25.17% PROJECT REIMBURSEMENTS TO GEN FUND 916,226.90 110,330.96 0.00 805,895.94 12.04% TOTAL CAPITAL IMPROVEMENT 41,127,160.71 10,230,455.47 13,069.42 30,883,635.82 24.88% ART IN PUBLIC PLACES FUND PROJECT EXPENSES 41,548.87 1,956.75 0.00 39,592.12 4.71% CIP EXPENSES 712,410.00 316,388.94 0.00 396,021.06 44.41% TOTAL ART IN PUBLIC PLACES 753,958.87 318,345.69 0.00 435,613.18 42.22% LQ NORTE (97-1) CIP FUND PROJECT EXPENSES 0.00 125,584.39 0.00 (125,584.39) N/A URBAN FORESTRY GRANT TRANSFER OUT 11,000.00 0.00 0.00 11,000.00 0.00% EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 889,923.00 193,632.77 0.00 696,290.23 21.76% Oau COUNCIL/RDA MEETING DATE: June 20, 2000 Transmittal of Treasurer's Report as of April 30, 2000 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3- STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated April 30, 2000 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. R pec Ily sub itt Jo n M. FalcorVer, Finance Director Approved for Submission by: Thomas P. Genovese, City Manager Attachment: Treasurer's Report, City of La Quinta 0 511 T4ht 4 4 OR&& MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for April 30, 2000 DATE: May 30, 2000 Attached is the Treasurer's Report for the month ending April 30, 2000. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Dept. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Sold/Matured Other Endin _ Change Cash (1) $1,167,246 755,339 411,907 ($755,339) LAIF $10,832,650 1,240,310 1,500,000 10,572,960 (259,690) US Treasuries (2) $19,503,949 1,990,209 (8,337) 21,485,821 1,981,872 US Gov't Agencies (2) $19,790,293 55,786 19,846,079 55,786 Commercial Paper (2) $0 0 0 Mutual Funds $5,348,920 999,686 4,349,234 999,686� Total 56 643,058 3 230 519 3 302 474 802 788 56 666 001_ 22 943 - I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and ins in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. the City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. JohgM. Falconer Fin ce Director/Treasurer 15--/ 3l od Dat Footnote (1) The amount reported in the other column represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. a5 003 M K F W W 0 sI I b I I I ? a 2 U U ° pb C Q E� E C c O 0 � %- Q 0 C'! O >o N `�- E OCT 0: cn '=:-'o. Ucn0Q � m O O >- N co O � O Q Q Q Q Q N Q 'ZZZZZMZ ii*cc � i m O 0 0 0 0 Q QCD Q CL zzzzz00Z x W rn 0 0 0 0 0 0 0 0 0 0 O O O O O Q N N N N N Q pZ 44cxz Q<1 <1 N O O ~ C10�O".ON O Cb4ppL6 V- M a. 00n � M M N C_ O >--p--pZ'C 088S8z= oaaaay,L m N N N m v� ...... AM M Y co co c O L C6 U � m M CA.0 a 0 a' � c y a N ZN r ��} O 'C F=p m cyo �26=0g5gg= �0- C � �{0 p00000 0 0 Q �V Q Q GZCOZZ 10LCL p� 0 M0 �0 1A •COp0am) M O CO1A .`P-O a. (3)N �y h (A O C_ 106 CL CL �.cm LL 40 Co L U ea co N V N C m s ca c m U. c E 4)LL cz0gg�� LO ti O O R - N T- 0 coLOO S0W)':co N N Co O C6,(6 LA c O N M4 8 H C = G �� E =OQ aU c •m c°°gym IL LuNNac 0 N O c c N W .0 -Nr ° ° ° N ° o a �aa�Q2 007 § m � a # ■ £ c � � aco J c \0N k ¥g A i3i� a KK \ k �Go-arty § I k�k §�� — W)_ f kkk � &K§k ®�wa C 2 u $ 4- � § �- \ ]� �$ U.-010 c § CR c �U. cLL. }��`— �EE&Bii ® � 2 s I 2222 . ■ '— — u��kk2��Iv ■ 2 � £� ® ■ ��® &LaIE® - a Q YOf Y; m A' t+f �aD F �N ^ R SIN ♦N t0.. YAf Amyy$ NBC.; m♦lf'7N f0 g �O A N 1[j �aap O $OA O)yQO�p' p S 14 T C4 R N�� Qy1 !7 W ♦ x� � �p�O sA ' 8 O�ti a eo lnAN N��m (p�� .'- en O I00 LLO �A y� Y Iff aDA♦ r hN10 t� N �f IO W� 'A� N IpL N N- N ttAq �p7f 0�o O f�Olo q Yf N pf N OODD� N tN9�OlN t+7 1+1 tq LL 'ell 4q N *Rik A LL tG 0 N Gf A N q iq A ♦ s"W, k m�qm ((ppA gNA OODf� to O N t�p Y1 � = Qc g � CO tL1 5� S L y V QLr LL y� Q Y i VV a 3X H% C C A � » i' � • .re Gtii FwOC U►- V W Z A A O tr el cn f O y LL y C jp Sc 90 Z N 0Ju aSGp U C N U ca 009 CITY OF LA QUINTA BALANCE SHEET 04130/00 ASSETS: POOLED CASH LORP INVESTMENT IN POOLED CASH INVESTMENT T-BILLMOTES 3 OTHER AUTO MALL CASH LORP CASH BOND REDEMPTION CASH BOND RESERVE CASH BOND PROJECT CASH BOND ESCROW CASH PETTY CASH 11000.00 1.000.00 CASH i INVESTMENT TOTAL 33.753.480.25 22,433,540.94 593,060.13 56,780,101.23 INVESTMENT IN LAND HELD FOR RESALE CRY CITY FIXED LONG TERM CRY ASSETS DEBT RDA 1,483,361.82 8,345,208.97 805,000.00 31,980,000.00 309.115.44 61.968.86 11,009.81 13,210,297.40 RDA RDA FA FIXED LONGTERM FINANCING LONG TERM GRAND ASSETS DEBT AUTHORITY DEBT TOTAL (786.94) 9,807,781.95 $05,000.00 31,980,000.00 309.118.44 81.958.86 28.73 11,098.34 593, 638.24 13. 804.135.64 ACCOUNTS RECEIVABLE 29,931.87 60,983.90 S,260,000.00 8,350,915.57 PREMIUMOISCOUNTONINVESTMENT (90,423.90) (11,552.06) (12,123.07) (114.099.06) LORP-ACCOUNTS RECEIVABLE 55.516.38 58,518.38 INTEREST RECEIVABLE 27,229.48 27.229.48 LOAWNOTES RECEIVABLE 15,608.17 2,668,550.80 2,687,466.97 DUE FROM OTHER AGENCIES 127,964.00 127,964.00 DUE FROM OTHER GOVERNMENTS DUE FROM OTHER FUNDS 786.501.19 741,65B.90 1.527.158.09 DUE FROM RDA 7,113,127.20 7,113,127.20 INTEREST ADVANCE -DUE FROM RDA 1.776.774.34 1,776,774.34 ADVANCES TO OTHER FUNDS 170,780.W 170,760.58 NSF CHECKS RECEIVABLE 1,911.86 1,911.86 ACCRUED REVENUE 833.40 833.40 TRAVEL ADVANCES 2,013.00 2,013.00 EMPLOYEE ADVANCES PREPAID EXPENSES RECEIVABLE TOTAL 9,963,435.57 3,617,259.28 8,247,876.93 21.728.601.76 WORKER COMPENSATION DEPOSIT RENT DEPOSITS UTILITY DEPOSITS 75.00 75.00 MISC. DEPOSITS 2,100.W 2,100.00 DEPOSITS TOTAL 2,175.00 2,175.00 GENERAL FIXED ASSETS 1,358,535.88 15 266,578.00 10,236,505.05 28,878,857.93 ACCUMULATED DEPRECIATION (886,581.27) (685,581.27) AMOUNT AVAILABLE TO RETIRE LIT DEBT 3,395117.03 3.395.117.03 AMOUNT TO BE PROVIDED FOR LIT DEBT 1,677,482.02 95 221 384.06 8,250,000.00 1051W 886.08 TOTAL OTHER ASSETS 670,954.61 15,285,816.00 1,077,182.02 10,2311.11416.05 96.616.501.09 8,260,000.00 134,747,259.77 TOTAL ASSETS 44.3W.045.44 15,205,816.00 1,677,482.02 25.950.830.12 10,230,506.05 98,616,501.09 8,840,957.08 8,200,000.00 213,255,137.78 LIABILITY ACCOUNTS PAYABLE 11,999.44 11,999.44 DUE TO OTHER AGENCIES 926,959.41 928,959.44 DUE TO OTHER FUNDS 575.00 1,517,278.09 9.306.00 1,527,156.09 INTEREST ADVANCE-0UE TO CITY ACCRUED EXPENSES PAYROLL LIABILITIES 46.924.20 46.924.20 STRONG MOTION INSTRUMENTS 304.78 3,564.78 FRINGE TOED LIZARD FEES 28,890.00 28.890.00 SUSPENSE 2.800.00 2.800.00 DUE TO THE CITY OF LA QUINTA PAYABLES TOTAL 1.011.733.42 11.999.44 1,517,278.09 9.305.00 2,550,315.95 ENGINEERING TRUST DEPOSITS SO. COAST AIR QUALITY DEPOSITS ARTS IN PUBLIC PLACES DEPOSITS 427,971.30 427,971.30 LQRP DEPOSITS 15,164.00 15.164.00 DEVELOPER DEPOSITS 1,175,899.20 25.000.00 1,200,699.20 MISC. DEPOSITS 406,271.59 408.271.59 AGENCY FUND DEPOSITS 1,182,165.10 1,192,165.10 TOTAL DEPOSITS 3,194,327.19 40,164.00 3,234,491.19 DEFERRED REVENUE 8.270.67 8,250,000.00 8,258,270.67 OTHER LIAMUTIES TOTAL 8,270.87 8,2W,000.00 8,258,270.67 COMPENSATED ABSENCES PAYABLE 397, WA$ 337.480.86 DUE TO THE CRY OF LA QUINTA 1.327.801.72 8,067,113.34 9,994,717.05 DUE TO COUNTY OF RIVERSIDE 1$486.237.00 12,466,237.00 DUE TO C.V. UNIFIED SCHOOL DIST. 10,008,148.75 10.008.148.75 DUE TO DESERT SANDS SCHOOL DIST. BONDS PAYABLE $7,415,000.00 8,260,000.00 75,675,000.00 TOTAL LONG TERM DEBT 1,665,482.58 96,616,501.09 6,250,000.00 106,541,993.67 TOTAL LIABILITY 4,214,331.28 1,677,482.02 1,557,442.09 98,616,501.09 8,259,305.00 8,280,000.00 122,595,061.48 EQUITY�FUNO BALANCE 40,175,714.16 15,295,816.00 24,393,388A3 10,236,50&05 571,652.05 90.663.076.30 TOTAL LIABILITY i EQUITY 44,390,045.44 15,295,816.00 1,677,482.02 25.M.830.12 10 238 506 05 96,819,501.09 6,840,957.00 8,280,000 00 213.258.137.78 CASH IINVESTMENT TOTAL 56,780,104.23 PREMIUMIDISCOUNT ON INVESTMENT H14.899.061 TOTAL SB.i68,902.18 {�� 010 COUNCIL/RDA MEETING DATE: ,June 20, 2000 ITEM TITLE: Adoption of a Resolution Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 7, 2000 for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 7, 2000 for the election of certain officers as required by the provisions of the laws of the State of California. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The Elections Code of the State of California requires a Resolution be adopted by the City Council calling a General Municipal Election for the purpose of electing Municipal Officers to the terms prescribed by the laws of that City. The proposed resolution meets the requirements of the Elections Code and certified copies will be forwarded to the County of Riverside Board of Supervisors and Registrar of Voters along with the Resolution requesting consolidation if that is the Council's desire. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 7, 2000 for the election of certain officers as required by the provisions of the laws of the State of California; or 2. Do not adopt a Resolution of the City Council calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 7, 2000 for the election of certain officers as required by the provisions of the laws of the State of California; or 3. Provide alternative direction to staff. Respectfully submitted, J ne reek, CMC/AAE City lerk Approved for submissi by: Thomas P. Genovese, City Manager 061 002 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA WHEREAS, under the provisions of the laws of the State of California, a General Municipal Election shall be held on Tuesday, November 7, 2000, for the election of Municipal Officers; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the State of California relating to General Law and Charter Cities there is called and ordered to be held in the City of La Quinta, California, on Tuesday, November 7, 2000, a General Municipal Election for the purpose of election one (1) Mayor for the full term of two years and two (2) Members of he Cit Council for the full term of four years. SECTION 2. That the ballots to be used at the election shall be in the form and content as required by law. SECTION 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in § 14401 of the Elections Code of the State of California. SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further notice of the election, in time, form and manner as required by law. n 003 RESOLUTION NO. 2000- PAGE 2 SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED this 20th day of June, 2000 by the following vote: AYES: NOES: ABSTAIN: ABSENT: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC/AAE, City Clerk City of La Quinta, California [SEAL] APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 1E T4'y,-, 4 4a Q" COUNCIL/RDA MEETING DATE: June 20, 2000 ITEM TITLE: Adoption of a Resolution Requesting the Board of Supervisors of the County of Riverside to Consolidate a General Municipal Election to be Held on Tuesday, November 7, 2000 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 5 Adopt a Resolution of the City Council requesting the Board of Supervisors of the County of Riverside to consolidate a General Municipal Election to be held on Tuesday, November 7, 2000 with the Statewide General Election to be held on that date pursuant to Code Section 10403 of the Elections Code. FISCAL IMPLICATIONS: The Riverside County Registrar of Voters has provided a cost estimate to the City for this election of $24,900 which has been included in the FY 2000-2001 budget (Account No. 101-201-605-000) for approval. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: Code Section 10403 of the Elections Code of the State of California provides that the City Council may request the county elections department to consolidate the General Municipal Election with the Statewide General Election. The City of La Quinta has consolidated General Municipal Elections with the County since its incorporation. The proposed Resolution, included in this staff report, is for the purpose of requesting those services for the Election to be held on November 7, 2000. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council, requesting the Board of Supervisors of the County of Riverside to consolidate a General Municipal Election to be held on Tuesday, November 7, 2000 with the Statewide General Election to be held on that date pursuant to Code Section 10403 of the Elections Code; or 2. Do not adopt a Resolution of the City Council requesting the Board of Supervisors of the County of Riverside to consolidate a General Municipal Election to be held on Tuesday, November 7, 2000 with the Statewide General Election to be held on that date pursuant to Code Section 10403 of the Elections Code; or 3. Provide alternative direction to staff. Respectfully submitted, ,16ad S. Greek, CMC/AAE City Clerk Approved for submission by: Thomas P. Genovese, City Manager M RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO CODE SECTION § 10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of La Quinta called a General Municipal Election is to be held in the City of La Quinta, California, on November 7, 2000 for the purpose of the election of a Mayor and two (2) Members of the City Council; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City of La Quinta the precincts, polling places and election officers of the two elections to be the same, and that the county election department of the County of Riverside canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirement of § 10403 of the Elections Code, the Board of Supervisors of the County of Riverside is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 7, 2000 for the purpose of the election of a Mayor and two (2) Members of the City Council. SECTION 2. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. SECTION 4. That the City of La Quinta recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. o Aj 003 SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Riverside. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON June 20, 2000. JOHN J. PENA, Mayor City of La Quinta, California ATTEST JUNE S. GREEK, CMC/AAE, City Clerk City of La Quinta, California [SEAL] APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 0 6 ; 004 T4'!t 4 4 Q" COUNCIL/RDA MEETING DATE: June 20, 2000 ITEM TITLE: Adoption of a Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 6 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council adopting regulations for candidates for elective office pertaining to Candidates Statements submitted to the voters at an election. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The Elections Code of the State of California provides that the City Council may adopt regulations regarding Candidates Statements and the cost of the statements. The City Council adopted Resolution No. 97-50 on June 17, 1997. That resolution was limited to the election held on Tuesday, November 4, 1997. It also specified the amount of the deposit required of each candidate wishing to file a Candidates Statement. The Resolution being submitted for your consideration is not date specific and does not spell out a specific amount for the costs. The language contained in the Resolution allows for payment to be a prorated share of the estimated cost for printing the voters pamphlet. The Riverside County Registrar of Voters prepares an estimated deposit for the cities who consolidate their elections with the County and provides this information to the City Clerks prior to each election. This year the estimate is $300.00 which is the amount spelled out in the 1997 resolution. Adoption of this Resolution allows it to be used in all ensuing municipal elections or until Council desires to supersede it. 00u The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council adopting regulations for candidates for elective office pertaining to Candidates Statements submitted to the voters at an election; or 2. Do not adopt a Resolution of the City Council of the adopting regulations for candidates for elective office pertaining to Candidates Statements submitted to the voters at an election; or 3. Provide alternative direction to staff. Respectfully submitted, Jun . Gr ek, CMC/AAE City Clerk Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Redline/Strikeout copy of Resolution 97-50 08 002 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION WHEREAS, § 13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for municipal election, including costs of the candidates statement; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to Election Code § 13307 of the of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of La Quinta may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the Candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. SECTION 2. SPANISH LANGUAGE. The City Clerk shall have translated and printed into the Spanish language only those statements of the candidates who request translation and printing. SECTION 3. PAYMENT. The candidate shall be required to pay for the cost of printing the candidate's statement in English and Spanish if so requested. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statements file pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended) and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. RESOLUTION NO. 2000- PAGE 2 Accordingly the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment the clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 5. That the City Clerk shall provide each candidate or the candidate's representative a copy of this resolution at the time nominating petitions are issued. SECTION 6. That all previous resolutions establishing Council policy on payment for candidates statements are repealed. SECTION 7. That this resolution shall apply at the next ensuing municipal election and at each ensuing municipal election after that time. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED this 20th day of June, 2000 by the following vote: AYES: NOES: ABSTAIN: ABSENT: JOHN J. PENA, Mayor City of La Quinta, California MW RESOLUTION NO. 2000- PAGE 3 ATTEST: JUNE S. GREEK, CMC/AAE, City Clerk City of La Quinta, California [SEAL] APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California AW 005 ATTACHMENTS 0� W, ATTACHMENT 1 RESOLUTION NO. 9759 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TG WHEREAS, Section1001 s of the Elections Code of the State of California provides that the government body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to Section 10012 1 of the Elections Code of the State of California, each candidate for elective office to be voted for at an election to be held in the City of La Quinta on Novem :7 may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed 1" for ny,� in the Office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 P.M. of the next working day after the close of the nomination period. SECTION 2. SPANISH LANGUAGE. The City Clerk shall have translated and printed in the voters pamphlet only the candidates statements of those candidates who request translation and printing. SECTION � . ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. o t4 007 RESOLUTION NO. 9:7 56 200 PAGE 2 SECTION 5. That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nomination petitions are issued. SECTION 6. That all previous resolutions establishing Council policy on payment of candidates statements are repealed. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED this +7- 2ath day of June, 1-997 2{0QQ by the following vote: AYES: Council Members , NOES: Bone ABSTAIN: None FORYMENE"111-W."111 f -1 i TW�t 4 4 Q" COUNCIL/RDA MEETING DATE: June 20, 2000 ITEM TITLE: Approval to Prepare and Issue a Request for Proposals to Design Professionals Regarding the Cove Mini Park Expansion (Eisenhower Park), Project No. 2000-02 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to prepare and distribute a Request for Proposals (RFP) for the design of the Cove Mini Park Expansion (Eisenhower Park), Project No. 2000-02 and appoint a Consultant Selection Committee. None at this time. Project funding sources and amounts are: City Infrastructure Fund $160,000.00 TOTAL $160,000.00 Anticipated funds have been budgeted as follows: Administration $ 10,000 Engineering $ 20,000 Construction $120,000 Inspection & Testing $ 10,000 TOTAL $160,000 On May 6,1997, the City Council adopted the Fiscal Year 1997/98 through Fiscal Year 2002/2003 Capital Improvement Program (CIP). According to the CIP, this project includes an expansion of the Eisenhower Park located on the northeast corner of Eisenhower Drive and Calle Colima. The Eisenhower Park currently has one small playground structure, one tire swing, two benches, and two picnic tables. The park expansion will double the size of the existing park by adding the City owned parcel immediately to the north. Improvements will likely include, but may not be limited to, a play structure, swing set, benches, trash receptacles, drinking fountain, and planting and irrigation. A vicinity map is included as Attachment 1. p r � T:\PWDEPT\COUNCIL\2000\000620h.wpd The Consultant Selection Process outlined within City Resolution 96-80 shall be followed. This process is as follows: 1. The City Council shall be notified of the need to contract for professional services. 2. A Selection Committee shall be formed of members competent to judge the qualifications of firms for the specific services requested. The City Council may appoint one or two members to participate in or observe a staff selection procedure or may elect to function, itself, as the Selection Committee. 3. The Selection Committee shall review the qualifications of firms available to provide the specific category of services required. The Committee is authorized to issue a Request for Qualifications Statements (RFQ) if deemed necessary. 4. The Selection Committee shall select a short list of the most qualified firms. 5. RFP's shall be issued to firms appearing on the short list. 6. The Selection Committee shall review and rank the short-listed firms based upon the selection criteria. 7. The proposals of the top ranked firm shall be reviewed to determine the apparent fair value of the proposal. 8. Negotiations with the top -ranked firm shall proceed until a mutually acceptable contract is developed. With this report, the City Council is notified of the potential need to contract for professional services in excess of $10,000. Staff suggests the City Council appoint the Consultant Selection Committee consisting of the following members: • Dodie Horvitz, Community Services Director • John M. Freeland, Senior Engineer • Nick Nickerson, Contract Project Administrator In addition to serving on the Consultant Selection Committee, these individuals shall define the scope of the proposed improvements. 077 002 T:\PWDEPT\COUNCIL\2000\000620h.wpd The alternatives available to the City Council include: 1 . Authorize staff to prepare and distribute a Request for Proposals for the design of the Cove Mini Park Expansion (Eisenhower Park) and appoint a Consultant Selection Committee; or 2. Do not Authorize staff to prepare and distribute a Request for Proposals for the design of the Cove Mini Park Expansion (Eisenhower Park) and do not appoint. a Consultant Selection Committee; or 3. Provide staff with alternative direction. Respectfully submitted, C ns A. Vo Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map T:\PWDEPT\COUNCIL\2000\000620h.wpd 00. Cove Mini Park Expansion (Eisenhower Park) Calle Durango Calle Nogales F� Calle ,� Colima o a Q Calle Calle Tamc Calle Tecate VICINITY MAP Project Location Ors 005 T4ht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 20, 2000 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision STUDY SESSION: Improvement Agreement for Tract 29702, KSL PUBLIC HEARING: Desert Resorts, Inc. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29702, KSL Desert Resorts, Inc. None. None. Tract 29702 is located west of Eisenhower Drive, and south of Avenida Fernando (Attachment 1),and consists of 15 residential lots (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of June 12, 2000, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (July 20, 2000), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. 080 T:\PWDEPT\CO U NO L\2000\000620e. wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29702, KSL Desert Resorts, Inc.; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29702, KSL Desert Resorts, Inc.; or 2. Provide staff with alternative direction. Respectfully submitted, Z�ffgll-�2 Chris A. Vog Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement U8� T:\PWDEPT\COUNCIL\2000\000620e.wpd 002 RESOLUTION NO. 2000- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 29702, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Tract 29702 is conditionally approved provided the subdivider submits all required items on or before July 20, 2000. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the 0807 subdivider has completed the following requirements to the City Engineer's satisfaction. 003 A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the, conditional approval for this final map shall expire when City offices close for regular business on July 20, 2000. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 201h day of June, 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 Honeywell City Attorney 0811170 TRACT NOm 2 1 AVENIDA FERNANDO z ' LA QUINTA o Q 0::� HOTEL GOLF & o TENNIS RESORT af a N a o _ w PROJECT W Q SITE W a AVENUE 50 VICINITY MAP Wl'l NOT TO SCALE pp I:\41312\MAPPING\TR29702\VICINITY 05/30/00 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA S SHEET 1 OF 5 SHEETS REC'STRACT NO. 29702 FILEDORSOAY OF Opp BEING.A SUBDIVISION OF LOTS B AND C OF TRACT NO. 28545-1. M.B. 268/89-92; AND LOTS 1 AT_M. IN BOOK —OF MAPS, THROUGH 29, INCLUSIVE, AND LOTS AMID B OF TRACT NO. 28545-3, M.B. 269/1-& AND LOT C AT PACE —AT THE REQUEST OF THE OF TRACT NO. 28545-3, M.B. 269/1-6 AS ADJUSTED BY LOT LINE ADJUSTMENT N0. 2000-334, an CLERK OF THE CITY OF LA QUINTA RECORDED , 2000, AS INSTRUMENT NO. 2000- NO. MDS CONSULTING MAY, 2000 GARY W. DOKICH LS.4693 FEE GARY L ORSO, COUNTY RECORDER BY: DEPUTY OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN ME SUBDIVISION SHOWN HEREON: THAT WE ARE THE ONLY. PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND. THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE WE HEREBY DEDICATE TO THE CITY OF LA QUINTA PUBLIC UTILITY EASEMENTS AS SHOWN HEREON WE HEREBY OFFER FOR DEDICATION TO THE IMPERIAL IRRIGATION DISTRICT, EASEMENTS OVER LOTS A THROUGH E. INCLUSIVE, AND LOTS G AND 0, AS SHOWN ON SAID MAP, FOR THE EXCAVATION, LAYING, CONSTRUCTION, INSTALLATION MAINTENANCE, OPERATION, INSPECTION, REPAIR, REPLACEMENT AND REMOVAL OF ELECTRICAL LINES, PARES, CABLES, DUCTS, SUPPORTS, FIXTURES, FACILITIES AND APPURTENANCES, WITH THE RIGHT OF INGRESS AND EGRESS OVER AND WITHN THE SAME FOR MAINTENANCE, OPERATION AND EMERGENCY VEHICLES. WE HEREBY RESERVE LOTS A THROUGH 0, INCLUSIVE FOR OPEN SPACE, PARKING, LANDSCAPING, MAINTENANCE AND RECREATIONAL PURPOSES FOR THE SOLE BENEFIT OF OURSELVES OUR SUCCESSORS AND ASS(GNEES. KSL DESERT RESORTS, INC., A DELAWARE CORPORATION, AS SUCCESSOR BY MERGER TO KSL LA QUINTA HOTEL CORPORATION, A DELAWARE CORPORATION. LARRY E. UCHUTER — EXECUTIVE VICE PRESIDENT NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA )SS. COUNTY OF RIVERSIDE ) ON THIS— DAY OF 2000. BEFORE ME A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED LARRY E. UCHLITER, PERSONALLY KNOWN TO ME/PROVED ON THE BASIS OF SATISFACTORY EVIDENCE, TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS AUTHORIZED CAPACITIES. AND THAT BY HIS SIGNATURE ON THE INSTRUMENT THE PERSON OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE: MY PRINCIPAL PLACE OF BUSINESS NOTARY PUBLIC IN AND FOR SAID STATE IS IN RIVERSIDE COUNTY MY COMMISSION EXPIRES: SIGNATURE OMISSIONS: SEE SHEET 2 SUBDIVISION GUARANTEE BY: FIDELITY NATIONAL TITLE COMPANY TAX COLLECTOR'S CERTIFICATE 1 HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE TWTHIN MAP FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN, BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE f PAUL McDONNELL DATE: COUNTY TAX COLLECTOR DEPUTY TAX BOND CERTIFICATE I HEREBY CERTIFY THAT A BOND IN THE SUM OF t MAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA, CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP PATH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS. DATE: CASH TAX BOND GERALD A MALONEY PAUL McDONNELL CLERK OF THE BOARD OF SUPERVISORS COUNTY TAX COLLECTOR BY: DEPUTY BY: DEPUTY SURVEYOR'S STATEMENT I HEREBY STATE THAT I AM A LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA MILD THAT THIS MAP CONSISTING OF FIVE (5) SHEETS CORRECTLY REPRESENTS A SURVEY MADE UNDER MY SUPERVISION DURING JUNE OF 1997. THAT ALL MONUMENTS SHOWN HEREON ACTUALLY EXIST AND THAT THEIR POSITIONS ARE CORRECTLY SHOWN, OR WILL BE IN ACCORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THE MAP. THE MONUMENTS WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. THE SURVEY IS TRUE AND COMPLETE AS SHOWN. DATE: . 2000. L GARY W. DCKICH L.S. 4693 EXP. 9/30/03 * 4 4A-PS CITY ENGINEER'S STATEMENT I HEREBY STATE THAT 1 HAVE EXAMINED THE WITHIN ANNEXED MAP OF TRACT NO. 29702 CONSISTING OF FIVE (5) SHEETS, THAT THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF: THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPUEO WITH. DATE: , 2000 CHRIS A. VOGT RCE NO. "250 EXP. 6/30/01 CITY ENGINEER, CITY OF LA OUINTA CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF TRACT NO. 29702 CONSISTING OF FIVE (5) SHEETS AND 1 AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT. DATE: , 2000. ERIC A. NELSON P.LS. 5563 EXP, 9/30/01 ACTING CITY SURVEYOR CITY CLERK'S STATEMENT 1, JUNE S. GREEK, CITY CLERK AND EX—OFFICIO CLERK OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA, HEREBY STATE THAT SAID CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE _DAY OF , 2000. APPROVED ME WITHIN MAP OF TRACT MAP NO. 29702. AND HEREBY ACCEPTS THE PUBLIC UTILITY EASEMENTS AS DEDICATED HEREON. DATED: JUNE S. GREEK CITY CLERK AND EX—OFFRIO CLERK OF THE CITY OF LA QUINTA CERTIFICATE OF ACCEPTANCE 1, HEREBY, CERTIFY THAT UNDER THE AUTHORITY GRANTED TO LIE BY THE BOARD OF DIRECTORS OF THE IMPERIAL' IRRIGATION DISTRICT, PER RESOLUTION NO. 15-90. DATED MARCH 22, 1990, THAT I ACCEPT ON BEHALF OF SAID DISTRICT, ITS SUCCESSORS OR ASSIGNS, THE DEDICATION OF EASEMENTS FOR ELECTRICAL POWER FACIUTIES AS OFFERED, HEREIN. DATED: BY: SUPERINTENDENT, GENERAL COACHELLA VALLEY POWER DIVISION DAM: dM5/DTI lihI T2 V V 0I! � Y II I I li SCALE 1"-50' 'A / I N �e�'S2'22'Y �15.00 15F. II I I I1, 1 IN THE CITY OF LA OUINTA, COUNTY OF RNERSIDE, STATE OF CALIFORNIA SHEET 2 OF 5 SHEETS TRACT NO. 29702 BEING A SUBDMS0N OF LOTS B AND C OF TRACT NO. 28545-1, M.B. 268/89-92; AND LOTS 1 THROUGH 29. INCLUSIVE, AND LOTS A AND B OF TRACT NO. 28545-3. M.B. 269/1-6; AND LOT C OF TRACT NO. 28545-3, M.B. 269/1-6 AS ADJUSTED BY LOT LINE ADJUSTMENT NO. 2000-334, RECORDED , 2000, AS INSTRUMENT NO. 2000- MDS CONSULTING MAY, 2000 GARY W. DOKICH LS.4693 I- c Ind 1 z N BT52'27W 225.01' SURVEYORS NOTES: ,n LOT B S-INDCATES FD.HE I' I.P„ TILLED L5. I697. RUSH, Pm TRACT N0. 28545-1, N.B. 268/I-6, UNLESS OIHET6\1sE norm. �8 LOT D TRACT ND. 25545-1 $� I ee M.B. 268 / BD-02 ec S 0- 1' I.P.L5. 4697, TO BE SE( PER TRACT N0. 28515-1, RUSH UNLESS OTHERWISE NOTED, I le �-J ~- 2 14 1 1 3 I le LOT 4 I2a' L. 1SEE SHEET TRACT 28ip Ln 4 M.B. 268 68 / BO-92 O-D2 I I� � I I 1 1e � LOT A I 11 8 [5j2sEE SHEET 4 Q I � 30 10 I iI N Li31 V � m O FyY _ I W 0 j L V m I,N I I l I 7 I II I I a I I 1 N1 I A`0N l 45 i I wpp m 1 46 ` Y+I J I j009. J aL o y4f I 40 I I I 61 iIII I 21 I ° F IN I I LOT Je l.°T E N 89-52-22-0 LOT. TAT C 0.220 AC. L LOTT 9 SEE SHEET 5 - lbf M 27 st 0-INDICATES SE( I LP„ TAGGED LS. 4693, RUSH. 1' I.P., LS. 4693, OR 6 SPINE W/WA91ER, LS, 4693, OR LLAO, TACK AND TAG, LS. 4693 1 TO BE SET ON PRIVATE STREET CENTEFHAE AND RIGHT-OF-WAY, TIC'S. AND m'S. N CORNEA FALLS ON BACK OF ROLLED CURB. MONUMENT TO BE DEW 0.25' ON LINE. ALL MONUMENTS SHOWN'SET SNAL BE SE( IN ACCORDANCE WON THE MONUMENTARON AGREEMENT FOR M5 W. UNLESS OTHERWISE NOTED. ALL DATA SHOWN HEREON FOR THIS TRACT BOUNDARY 5 MEASURED AND RECORD PER TRACT NO. 28545-3, NA. 269/1-6. AND LOT LINE ADJUSTMENT NO, 2000-334. RECORDED 20M. AS INSTRUMENT NO. 20OO OF OFFICK RECORDS. THIS TRACT CONTAINS 30 NUMBERED LOTS AND 15 LETTERED LOTS, .a THIS TRACT CONTAINS 3.17 ACRES CROSS. BASIS OF BEARINGS: ME FAST LIVE OF LOT'F OF TRACT NO. 28545-1 AS FILED N BOOK 268, PAGES 89-92 OF MAPS, N ME OFFICE OF THE COUNTY. RECORDER OF RIVERSIDE CON. KENO MOOD7'v . WAS USED AS THE BASS OF BEARINGS FOR MS MAD, AVENIDA FmNANW o LOT 30 TRACT NO, 28545-3 "' LINT, S x M.B. 269 / 1-6 MNMS RESORr } N 8552'2rw 123.71' \ N O07'8T E 12.50' N O07'3B'E `s- LOT TRACT M. 28646-1 35.00' ALe. zeereD-0z VK�ITTY MAP ,.......- No SCALE 24 �S LAT L � 9N� LOT 30 TRACT NO. 28545-3 M.B. 260 / 1-6 SIGNATURE OMISSIONS: PURSUANT TO SECTION 66436 OF THE SUBOMSION MAP ACT. ME SIGNATURES OF THE FOLLOWING OWNERS OFEASEMENTS AND/OR OTHER INTERESTS HAVE BEEN OARED. RNERSDE COUNTY BOARD OF SUPERVISORS, HOLDER Or AN EASEMENT FOR EXISTING PUBLIC UTILITIES AD/OR PUDUC SERVICE FAYRES LYING "MIN ABANDONED ROADS, RECORDED JNNWFY 29. 1974 AS INSTRUMENT W. 11708 O OFFICIAL RECORDS. LA OUNTA HEIDI AND COTTAGES, NCL, HOLDER OF AN EASEMENT FOR ROAD PURPOSES RECORDED DECEMBER I, 1949 N BOOK 1128. PILE 93 OF OFFICIAL RECORDS. UNITED STATES DE AAERIG, HOLDER OF A RIGHT OF WAY RELAT94C TO IRRIGATION AND DECLARATION AS RESERVED IN THE PATENT FROM THE STATE OF CALIFORNIA, RECORDED DECEMBER 11. 1919 IN BOON 8 PAGE 46 OF PATENTS, RECORDS OF RIVERSIDE COUNTY; AND HOLDER O VESTED AND ACCRUED WATER RIGHTS FOR MINING, ACABCULTURAL, WAUFACTUPING. OR OTHER PURPOSES, AND RIGHTS TO DITCHES AND RESERVOIRS USED N CONNECTION WITH SUCH WATER RIGHTS, RECORDED MAY 16. 1914 IN BOOK 6, PAGE 307 OF PATENTS. (NOT POTABLE) DESERT DE41WMENT COMPANY, HOLDER OF AN Me" FOR WATER LINES, INGRESS AND EGRESS RECORDED ANE 21, 1926 N BOO( 675 PAGE 50 OF DEEDS. (NOT PLORABU) SOUTHERN SIERRAS POWER COMPANY, HOLDER OF AN EASEMENT FOR UNDERGROUND ELECTRICAL CONORTS RECORDED JANUARY 7. 1929 IN BOON 792. PAGE 592 OF DEEDS. (NOT PLDRAW) IMPERIAL WAGATKIN DISTRICT, HOLDER OF AN EASEMENT FOR POLE UNS, CONDUITS OR UNDERGROUND FACNIES AND NGDENTAL PURPOSES RECORDED MAY 26, 1249, N BOO( 1079 PAGE 471 OF OFFICIAL RECORDS. SPRINGBOA110 FIRMS, INC., HOLDER OF AN EASEMENT FOR ENTRY RECORDED NOVEMBER 29. 1955 N BOO( 1826 PIKE 206 AND DECEMBER 5. 1955 IN BOOT 1828 PAGE 578 O OFIOA RECORDS. CALIFORNIA WATER AND TDERIONE COMPANY. HOLDER O AN EASEMENT FOR POE LINES, CONDUITS OR UNDERGROUND FACILITIES AND INCIDENTAL PURPOSES RECORDED APRL 25, 1957 AS INSTRUMENT NO. 35153 OF OFFICIAL RECORDS. a L.L.A.2000-334 REC, INST. NO. Z ® UNE DATA IJ I N 0,07'}8' E 50.00' 2 N EYO ' ' E 12.50' 131 N 007'38' E 22.50' 4 1 N 0073B. E 15.00' I& CURIE DATA 1 i d1 R 1 L i 9DOO'00' 1 5.00' 1 7.85' 5.00' EASEMENT NOTES: Al 40.00' EASEMENT FOR PIPELINE PURPOSES PER DEED RECORDED MAY 14. 1984 AS INSTRUMENT 140. 100662, O.R. © INDICATES A 6.00 FOOT OR 10,00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO THE CITY OF LA OANTA PER TRACT NO. 28545-3. N.B. 269/1-6. Q3 INDICATES A 6.00 FOOT OR 10.00 FOOT EASEMENT FOR ELECTRICAL POWER FACUNY PURPOSES DEDICATED TO THE IMPERIAL IRRIGATION DISTRICT PER TRACT NO, 28545-3. M.B, 269/1-6. INDICATES AN 8.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO THE CITY OF LA OINTA. © INDICATES AN 8.00 FOOT EASEMENT FOR ELECTRICAL POWER FACILITY PURPOSES DEDICATED TO THE IMPERIAL IRRIGATION DISTRICT. SOUTHERN DECEMBER 1�930 AS INSTRUMENT NO. 23ORNIA GAS COMPANY. NOF AN 7358 DE OFTI ML EASEMENT FOR RECORDS. ((NOT PLOR�O ECdRE55 RECORDED AN EASEMENT N FAVOR OF THE PIBUC FOR ROAD PURPOSES RECORDED OCTOBER 28. 1994 AS INSTRUMENT NO, 415138 AND DECEMBER 20. 199S AS INSTRUMENT NO. 422615; BOTH O OFRCML RECORDS. SOUTHERN CALIFORNIA GAS COMPANY, HOLDER OF AN EASEMENT FOR PIPELINE, INGRESS AND EGRESS RECORDED NOVEMBER 20. 1981 AS INSTRUMENT NO. 217279 OF OFFICIAL RECORDS. COACHELLA VALLEY WATER DISTRICT. HOW OF AN EASEMENT FOR UNDERGROUND PIPELINE RECORDED MAY 14. 1984 AS INST, NO. 100662; AND NOVEMBER 3. 1295 AS INSTRUMENT NO. YA878: BOTH OF OFFICIAL RECORDS. UNDM RK LAND COMPANY OF CALIFORNIA, INC.. FOLDER OF EASEMENTS FOR PEDESTRIAN AND VEHICULAR PASSAGE. TIIATRC, INGRESS, EGRESS. ACCESS AND PUBLIC UTLUTES, RECORDED DECEMBER 28, 1904 AS INSTRUMENT NO. 275370 : AND FEBRU RY 17. 1988 AS INSTRUMENT NO. 41713; BOTH OF OFFICIAL RECORDS. PACIFIC TELEPHONE AND TELEGRAPH COMPANY, HOLDER OF AN EASEMENT FOR PUBLIC LOLTIES RECORDED -UNITY 13. 1997 AS INSTRUMENT NO. 7618 OF OFFICIAL RECORDS. :\41312\1UPPNC\1R29102\29702-02 DATE: 6/05/M IN THE CITY OF LA OUINTA, COUNTY OF RNERSIOE, STATE OF CALIFORNIA SHEET 3 OF 5 SHEETS TRACT NO. 29702 BEING A SUBDIVISION OF LOTS B AND C OF TRACT NO. 28545-1. M.B. 268/89-92; AND LOTS 1 THROUGH 29, E. AND LOTS A AND 8 OF TRACT NO. 20W-3. M.B. 269/1-; AND LOT OF TRACT NO.I2C8545N3, M.B. 269/1-6 AS ADJUSTED BY LOT LINE ADJUSTMENT NO. 62000-334,C O62000--334,C RECORDED , 2000, AS INSTRUMENT NO. 2000- MDS CONSULTING MAY, 2000 GARY W. DOKICH LS.4693 ❑O UNE DATA ® UNE DATA ® LINE DATA ® LINE DATA CURVE DATA I N 8452'2Y W 13.33' 19 N 8452:22' W 11.87' 37 N OP07'34 E )8 N 8452:227 W 10.}4' 7.33' S5 N 0007'JB" E 56 N OPO'38' E 5.67' 7.00' 6 8 E T 2 N OP07'38- E 8452'22' W 1.59' 11.50' 20 N 8452'2Y W 21 N 8452'22' W 1.04' 1.00' 39 N 8452'2Y W 7.98' 57 N 8452'11' W N 8452'2Y W 6.33, 1.87' 4 N OP07'38" E 1.00' 22 N OP07'J8" E 23 N 89'52'2Y W 11.33 5.83' 40 N OP07'J4 E 41 N 8452'22' W 12.M 11'83' S8 59 N Oa' E 12.00' 5 N 8452'2Y W 6 N OP07'34 E 6.50' 2.50' 24 N 09 7'J8" E 1.33' 42 N 0007'34 E N 8452'2Y W 6.58' 9.08' .38" 60 N 8452'2Y W 61 N OP07'J8' E 2.50' 11.58' 7 N 8452'21' W 8 N OP07'38" E 3.50' 1.50' 25 N OP07'78' E 26 N 8452.22' W 1.16' 7.50' 4] 44 N E 7.88' fit N 8452'2Y W 63 N 8452'2Y W 3.33' 1.79' RUL 9 N 8452'2Y W 10.0P 27 N 45'07'38' E 28 N 8452'22" W 9.67' 9.83' 8007'3T 45 N 8452'2Y W 46 N 8452KT° W IO.fi6' 72' 64 N 8452'22" w 6.00' ALL FASf/WEST SUWJET UNES ME N 8452'2Y W SUWJEY UNES MEN 007'34 E 10 N OP0T38' E �? 2.00, 7..33'50' 8952'Y 19.88' 48 N 89' 22" W i.25' 66 N 8452'22" W 1.87' ALL NOR1N/SONH N OP07'78" E 13 N W07'38- E 2.75' JO N W 31 N 89-52.227 w 7.4fi' 49 N OP07'34 E 4.67' 67 N 0P07'JB" E N W07'3T E 1.16 11 N {4'S2'27 W 9.67' 32 N 0P07'38- E 3J N 8452'2Y W 0.83' I.50' 50 N OP07'38' E 51 N OP07'34 E 0.50' 3.00' 68 69 N 8452'2Y W 883' 8.80' I y I IS N 8452'2Y W I6 N 0P07'38' E J.17 0.77' ]4 N 8452'2Y W 1.21' 52 N 8452'2T W S] N 845Y2Y W 2.00' 9.50' 70 N 0007'38' E 11 N 8452'2Y W 10.84' 11.77' I I 17 N OP07'IT E IB N OP07'38" E 8.67' 9.50' 35 N OP07'38" E 36 N 8452'2Y W 14.73' 0.54' S4 N 0007'78" E 1t.6fi' 73 N 0PO738" E 7.33' m LOT 30 bR I TRACT 26645-3 i I M.B. 260 / -1-6 I I N 8452'2Y W 225.01' - i N 7 aQ -9 ��° In LOT ELl I LOT D TRACT 28645-1 I r 8 0.325 AC M.B. 263/3D-D2 N 8452'2Y W 244.01' N 8452'22' W 225.01' SCALE 1"-20' SEE SHEET 2 FOR SURVEYOR'S NOTES SEE SHEET 2 FOR EASEMENT NOTES 1u,2\v 0\0 702\26702-03 DAM 6/W/O 081 009 IN THE CRY OF LA OUINf& COUNTY OF RIVERSIDE. STATE OF CALIFORNIA TRACT NO. 29702 BEING A SUBDIVISION OF LOTS B AND C OF TRACT NO. 28545-1. M.B. 268/89-92; AND LOTS 1 OFTTRACT No.ROUGH 29. 12C8545-3. M.B. 28%7 6 AS ADJUSTED BY LOTA AND 8 OF TRACT NO. 8L1 E ADJUSTMENT/NO.62000-334,C RECORDED , 2000, AS INSTRUMENT NO. 2000- MDS CONSULTING MAY, 2000 GARY W. DOKICH LS.4693 ® LINE DATA CURVE DATA 1 N 8Y52'227 W 8.50' 6 R L T 2 N 0007'39' E 1.59' I IBQ '0 2.1 ' .82' - 3 N BY52'22' W 11.50' 9000'00 5.00' .8 .00' 4 N 0007'38' E I.00' 5 N 8T52.2Y W 6 N 0007'38' E fi.50' 2.50' 7 N 89'52'2Y W 3.50' 8 N 0007.38' E 1.50' NDjE: 9 N 8T52'22" W IOX ALL 6A57/WEST SURVEY LINES ARE N OT52'22• w 10 N 0007'38' E 2.00' ALL NOR1N/SOUTH SURVEY LINES ARE N 007'38' E 12 N 0007'38' E 0.33' 13 N 0007'38' E 2.75' 14 N 44'52'2Y w 9.67' 15 N 8052'2Y W 3.00' I6 N 0007'38' E 0.33' 17 N W07'3" E 1IT IB N 0V07'38' E 9.50' 8 1 �F rl I I.LI 1 E- I IB I 1 O z I O 1 r , FfQ O I Q 'd 1 2p• I SCALE 1"=20' ; z -----'+ \I LDT D TRACT 28545=1 M.G. 268/00-02 --------- -- �� T- w❑. LINE DATA 19 N 8752'22' W 6.00' 20 N OT52'2Y W 1.04' 21 N 89'52'22' W 1.00' 22 N W07-M E 11.33 24 N 0007'3T E 1.33' 25 N 0007.36 E 1.16' 26 N 87527Y W 7.50' 27 N 45'07'36' E 9.67' 28 N OT52'2Y W 9.83• 29 N 0007'3r E 11.17 30 N BY52.2Y W 9.88' 31 N 8552'227 W 7.46• 32 N 0007'38' E 0.83' 33 N 89'52'2Y W 34 N 8Y52'227 W 1.21' }5 N 0007'387 E 14.73' 36 N 8752'22' W 0.54' SEE SHEET 3 91 LINE DATA 37 N 0007'3T E 1,76' 38 N 89'S2" W 1.832'2WT39 N 89'8740 N 007'31r E 4.' 41 N aT52'22' W 3.45' 42 N 0007'3T E 14.47' 43 N 8752 22' W 9.08• 44 N 0007'39' E 2.74' 45 N 89'52'22" W 9.71' 46 N 8T52'2T W 8.84' 47 N 89'52'2Y W 4.96' 48 N 8952'22' W 1.25' 49 N W07'3T E 4.67' 50 N 0007'38' E 0.50' 51 N 0007.38' E 3.00' 52 N 8952'22' W 2.00' 53 N 8752'22- W 9.50' 54 N 0007'38' E 14.66' SHEET 4 OF 5 SHEETS 91 LINE DATA 55 N 89'52'22- W 11.83'. 56 N 00073r E 12.76' 57 N 0007'39' E 6.58' 58 N 0007'38' E 7.88' 59 N 89'52.22' W 4.62 60 N 0007'38' E 6.00' 61 N 00'07'38' E 7.33' 62 N 89'52'2Y W 8.67 63 N 0007:39" E 14.33' 64 N 89'5222' W 2.08 65 N 0007'3r E 7.00' 66 N 0007'38" E 5.67' 67 N 8Y52'2Y W 2.71 68 N 0007'38' E 15.66' 69 N 8752'2Y' W 14.25 70 N 89'52'2Y W 2.50 71 N 0007'39' E 12.00' 72 N 0007'3Er E 11.58' -------- I F'---------------� � _11 5 �- i 1 2 1 � LOT G- - I 1 8 0.029 AC. i I I ; ; LOT G I I I 4.34'-SL °{ ---- L----s---� ----------� -- TRACT 28645-3 --J L--------- ] I 33 32 MS. 260/1-6 " W I 6 N 8952'2YW JI .49' 46 77 46 1 . n N 4 I6 - I6 4 31 9 mll ^• 47 Q Y ST 51 32 5 � 4g N89'52'2YW 14.57' 19.25• 49 14_50' 32 1189522 W 33 1 32 N8952'2YW 33 14.67' 19. 49 2' w 50 48 52 51 n O J2 5 G 47 10 61 NST52'2YW 1 D<' ]T 8Tb'I 20.50• W 89 W N895 Is 33 10 I 19 I W a10 �,f 11.01' 61 N8T52'2T 2'� 47 2 ob 14.67 L 5 51 50 48 • TV, 1915' - 32 14. /S0: LOT C TRACT 20646-1 a f FT] m r3o��En m LOT JJ' 0.003 AC. 8 LOT C 0.220 AC. MIN W: 91 M.G. 268/dD-D2 N 8552'2YW 357.72' _ ---7 --- rr- 7 L r{--------s Id LOT E 1 ; SEE SHEET 5 S 1 �II ' =1 1 I t- 2 1 2 2 0.001 AC. ; I ; ; I I r1 1Ir L------*-- 1 I 23 1 24 25 r-j IL Nti r--- I 1 26 30 L-I-,, '' LOT B y- III i 0.371 AC. L 1 I I L-------- f r I LOT C ! TRACT 26545-3 M.G. 260/1-6 N L1J N LJ W N SEE SHEET 2 FOR SURVEYOR'S NOTES SEE SHEET 2 FOR EASEMENT NOTES .-312\WPNNO\TR29702\29702-04 DAM: 6/01,= 08u 010 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 5 OF 5 SHEETS TRACT NO. 29702 BEING A SUBDIVISION OF LOTS B AND C OF TRACT NO. 28545-1, M.B. 268/89-92; AND LOTS 1 THROUGH 29, INCLUSIVE, AND LOTS A AND B OF TRACT NO. 28545-3. M.B. 269/1-6; AND LOT C OF TRACT NO. 28545-3, M.B. 269/1-6 AS ADJUSTED BY LOT LINE ADJUSTMENT NO. 2000-334, RECORDED , 2000, AS INSTRUMENT NO. 2000- MDS CONSULTING MAY, 2000 GARY W. DOKICH LS.4693 6• n■v■voo O�YL�ES�id}�Eil� N9IE A11 EAST ST SURVEY LINES ARE N 89'52'27 W ALL /SOI11N SURVEY LINES ARE N CrOT38" E ® LINE DATA ® LINE DATA ® LINE DATA E❑,. UNE DATA ® LINE DATA ® LINE DATA 1 N 8852'22" W 6.83' 25 N 89'52'22" W 1.00, 49 N 8T52'27 W 1.83, 73 N 89'52'2Y IN 6.33' 97 N OP07'38' E 13.03' 121 N OP07'38" E SAT 2 N OP07'38" E L59' 26 N OP07'38" E 1.67' 50 N 89'52'22" W 11.33' 74 N OVUM* E 11.58' 98 N 0P07'38' E 7,00' 122 N 8752.27 W 4.42' 3 N ST12'27 W 1I.50' 27 N 8752:227 W 1.16' 51 N B852'22' W 1.50, 75 N 8852'22' W 9,50' 99 N OP07'38' E 9.67' 123 N OP07'39' E 3.28, 4 N OP07'387 E I.00, 28 N OP07'38" E 0.38' 52 N 00'07'38' E 5.83, 76 N DP07'39' E 9.51' 100 N 8852'27 W 0.34' 121 N 89'522Y W 6.75' 5 N 89'52M2 W 6.50' 29 N 8T52'27 W 14.73' 53 N 89'52'27 W 1.33, 77 N 0P07'38' E 11,17' 101 N OP07'38' E 0.62' 125 N OP07'38' E 9.51' fi N OP07'36 E 2.50' 30 N OP07'38" E 1.21' 54 N OP07'38' E 14.33' 78 N DP07'38" E 9.17' 102 N OP07']8" E 1.04' 126 N 8752'27 W 3.01' 7 N 89'52'2 - W 3.50' 31 N 8T52'22' W 16,12' 55 N OPGTW E 7.33, 79 N 8852'22' W 5.83' 103 N 8Y52'22' W 14.33' 127 N OP07'3T E 11.40' 8 N OP07'39' E 1.50, 32 N 0P07'38" E 1.50' 56 N OPOTW E 9.83, 80 N 8852'27 W 1.04' 104 N DP07'38" E 4.63' 128 N OP07'38' E 5.67' 9 N 8452'27 W 10.00' 33 N 8852'27 W GAY 57 N OP07'38' E 1.33' BI N 89'S2'2Y W 9.83' 105 N MTV 17 7.67' 129 N 885722" W 3,58' 10 N OP07'39' E 2.00' 34 N OP07'38" E 7.46' S8 N OP07'38" E 9.08' 82 N OP07'3T E 10.33' 106 N W07'38' E 6.05' 130 N 8T52'22" W 4,67' I1 N 89'52'22' W 0,33' 35 N OP07'38" E 12.00' S9 N 8852'27 W 11.17' 83 N OP07'38' E 5.67' 107 N 89'52'27 W 12.66' 131 N 89'52'27 W 6,24' 12 N W07']6 E 9.70' 36 N WPM' E 2.85' 60 N 8852'27 W 17.58' 84 N 88 TV W 12.00' 108 N OP07'39" E 12.52' 132 N 8952'27 W 5.25' 13 N 8952'22" W 17.17' J7 N 8T52'27 W 5.00' 61 N OP07'38' E 21.00' 85 N 8T52'27 W 4.33' 109 N BY52'27 W 5.67' 133 N 8852'22' W 8.25' 4 N 0007'38" E 4.27' 38 N 00'07'3T E 7.65' 62 N 8T52'27 W 1,59' 86 N 0P07'39" E 8.25' 110 N OP07'38' E 10.05' 134 N OP07'38' E 4.33' 15 N 4S'7'38" E 12.48' 39 N OP07'78' E 9,42' 63 N 00'07'38" E 11.50' 87 N 89'52'27 W 3.24' 111 N OP07'38' E ILBB' 135 N 0907'31r E 9.88' 16 N 44'5727 W 10.67' 40 N 8852'22' W 10.13' 64 N 070TV E fi.50' 88 N OP07'36 E 5.25' 112 N OP07'38" E 4.46' 136 N OP07'78" E 11.48' 17 N 8852'22' W 3,12' 41 N OP01'38" E 3,12' 65 N 8952'27 W 2.50' 89 N 8852'22" W 8.31' 113 N 8852'27 W it.58' 18 N 45'07'3B" E 9.52, {1 N B9'52'227 W 12.00' 66 N OP07'38" E 7.50' 90 N OP07'JB' E 5.67' 114 N OP07'38" E 8.64' SCALE 1"-20' 19 N OP07'38" E 8.67' 43 N 475Y'22- W 2.12' 67 N OP07'38" E 10.00, 91 N 89'52'22" W 2.18' 175 N OP07'38" E 1.64' 20 N OP07'38' E 14.00' 44 N DP07'3T E 1.65' 68 N OT52'22" W 2,00' 92 N OP07'38' E 8.33' 116 N 89,52'27 W 7.64' 21 N OP07'38" E 9.50' 45 N OP07'38" E UY 69 N 875Y22" W 14.92' 93 N 89'52'22" W 4.79' 117 N OP07'38' E 15.66' 22 N 89'52'22" W 21,00, 46 N 8852'22' W 16.48' 70 N OP07'38' E 5.81' 94 N 0P07'3B" E 13.00' 118 N 8852'27 W 12.58' 23 N OP07'38" E 0."' 47 N B95727 W 17.67' 71 N 45'07'38" E 8.49' 95 N 8852'22" W 4.D0' 119 N 45'07'36 E 5,68' 24 N 8852'22' W 8.00' 48 N OP07'W E 6.92' 72 N DP07'38' E 1.16, 96 N OP07'39" E 2.25' 120 N 8TS2'27 W 1.29, LOT 6 TRACT 28545-3 M.6 260 / 1 6 LOT G I LOT A TRACT 1) 1-LOT 3 1z 6 r-T ^ 0.861 AC. -_T-� 16I 1 �-----, r----1 4 1 i o s ----z---, 1 +K cV 9 1 1 8 I w 21 I I I = SEE SHEET 4 r r3 1 r3 LT Ld $ I s �--- L--- ---- 1--s----� ELd n - Z--L__s-Il--t------� C-------r--17-t � I N895i'22"W 234,01' I LOT E LOT C LOT C LOT 0 H 0.001 AC. N8852'22"W 14 TRACT 28545-1 {5 0.220 AC, 357.72, 101 0.009 AC. y N8852'27W I M.a 266/00-02 255.58' 23.50' - J . 7' - - 9. 3' - 1- 68.01' - 2J.SP N 8y'52.22 W 1 . 9 27.17' 15 2 I6 29La74 J2p 5p 51 0 0 -4E--1 g4 9B 2 5 6 8 1 90 4 1 2 5n 95 / 51 W 1 1 9 51 22 g _ 25 351.,;53 23 7p92 . 23 LOT N "5 7322 11 = 2323 4 53 O.00J AC. 4 Ib LOT1412 ,�„ g 0.007 AC. 22 7131 =B1 91 1 27 Z 2 II 30 23 16 5 24.67' 1 W 1 £ I 80 W LOT C 6 N ST52'22 W N 8852'2i W 35.50' N 89572 W 23 6 68 n s4 _ g TRACT 2864-5-3 - slLL 11 72 g M.S 260/1-6 26 6 R a 0 ,III 6• N P 2'2 W 3.9V �-o LOT B 6` = Oo N 8952'27W 33.91' 8AP 79 57 2 1 0.374 AC. g 32 2 63 J Q 54 23 3 33 N 8852'2 W W23 S 18.1 84 8 3 II20 29 81 'iSjiT.r2W "W ' S I 80 71 19 3.50' 87 18 4` 1217.17' .A N89'52'27W 101.00' 118221 s W98117,1.25' 22 LOT M3s z3 0.003 Ac. �L.L.A. 200D-334 528 $g�REC. 67 8 7 g INS T. NO. 74 2 4 10 7 4 10 23.17' 53 p 6' I } 5 9 N 1 Wgp J 5 9 N $9.52'27W I I I N 89'52'27W 107.58, N 8852'27W 57.00' P07'78"E 10,85' 19.00' LOT 30 TRACT 20645-3 12' - M.B 260 / 1-6 SEE SHEET 2 FOR SURVEYOR'S NOTES SEE SHEET 2 FOR EASEMENT NOTES 1:\41312\-MG\B129702\29702-05 DAM: 6/OS/O6 083" 011, CITY OF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT Tract 29702 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 8th day of June , 2000 , by and between KSL Desert Resorts, Inc., a Delaware Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 29702 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29702.wpd Page©di 6� 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel, map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.8., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.8., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements U 9 secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.007. A T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29702.wpd Page 2613 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 09 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29702.wpd Pap I-q 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not `j been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, i T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29702.wpd Page 4 of@ and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 091 016 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29702.wpd Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: City of La Quinta 78-495 Calla Tampico La Quinta, CA 92253 760/777-7075 Date KSL Desert Resorts, Inc., a Delaware Corporation 55-920 PGA Blvd. La Quinta, CA 92253 (760)564-8000 By: � Date Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date 09 017 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29702.wpd Page 6 of 6 Exhibit A SECURITY - TRACT 29702 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory' have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or part by the City Engineer, at any time after construction plans are complete and the scope and nature of improvements are fully known. These releases shall be separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading 4,139 4,139 Streets & Storm Drainage 170,921 170,921 Domestic Water 24,300 24,300 Sanitary Sewer 41,825 41,825 Electrical 75,000 75,000 Monumentation 2,000 0 Construction Subtotal: $318,185 $316,185 Engineering & Plans (20% of Construction) 63,637 No -Plans Contingency (25% of Project) 95,456 Total: $477,278 ON 1 * CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of �a14}0YrJI� County of eYS i �- On t - F - 00 before me, S',a. & i � � � • M e IU6 / 1 V , DATE I NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY P BLIC" personally appeared r � �' Y. , I o- _� '� ��° i' , personally known to me - OR - NAME(S) OF SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. a I YV\ �_ UVY — SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT a � TLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 9 "" 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 019 T4t!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 20, 2000 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 29457-1, Rancho PUBLIC HEARING: La Quinta, TD Desert Development Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29457-1, Rancho La Quinta, TD Desert Development. None. None. Tract 29457-1 is located east of Washington Street, and south of Avenue 48 (Attachment 1), and consists of 117 residential lots (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of June 12, 2000, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (July 20, 2000), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. EN T:\PWDEPT\COUNCIL\2000\000620d.wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29457-1, Rancho La Quinta, TD Desert Development; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29457-1, Rancho La Quinta, TD Desert Development; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 09 T:\PWDEPT\COUNCIL\2000\000620d.wpd RESOLUTION NO. 2000- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 29457-1, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Tract 29457-1 is conditionally approved provided the subdivider submits all required items on or before July 20, 2000. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. 003 A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on July 20, 2000. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 20th day of June, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California JUNE S. 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D. Desert Development Limited Partnership, a Delaware Limited Partnership, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract 29457-1 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security per the security schedule identified on Exhibit A attached hereto and made a part hereof. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured, including engineering design if the improvement plans were not complete at the time this agreement was made. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. T. D. Desert Development Limited Partnership — Tract 29457-1 Page 1 �f 613 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows.: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). T. D. Desert Development Limited Partnership — Tract 29457-1 r l 1 Page 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. T. D. Desert Development Limited Partnership — Tract 29457-1 l �v 015 Page 3 of 6 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing, the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warrantv. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 616 T. D. Desert Development Limited Partnership — Tract 29457-1 Page 4 of 6 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 11 ,017 D. Desert Development Limited Partnership — Tract 29457-1 Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: G' By: Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney T. D. Desert Development Limited Partnership — Tract 29457-1 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 Date T. D. Desert Development P. O. Box 1716 La Quinta, CA 92253 (760) 777-7747 10 Date Date Date Date � �1 Page 6 of`H 1 Q V Exhibit A SECURITY - TRACT 29457-1 Improvements designated as "Participatory' have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $35,310 $35,310 Street and Drainage Improvements $313,673 $313,673 Domestic Water $260,860 $260,860 Sanitary Sewer $149,400 $149,400 Underground Electrical $292,500 $292,500 Monumentation $15,000 $0 Totals: $1,066,743 $1,051,743 019 STATE OF CALIFORNIA ss. COUNTY OF On jt e-12000 , before me, 4kM V01 ' 13AN F lJoTag:1I Name, Title, e.g., "Jarie Doe, Notary Public" personally appeared In personally known tome -- OR -- MARCIA K. FISCHBACH Commission # 1192021 Z QP Notvy Public - California f. Riverside County ir My Comm. 6pires Aug Z 2002 Name(s) of Signer(s) ❑ proved to me on the basis of satisfactory evidence to be the person() whose name()i) is/a�e subscribed to the within instrument and acknowledged to me that he/site/tVy executed the same in his4r/oeir authorized capacity(iis), and that by his/h*r/th'ir signature(o on the instrument the person(lb, or the entity upon behalf of which the person() acted, executed the instrument. Witness my hand and official seal. '&4t-� "I- kI a�� L OPTIONAL Though the data below are not required by law, the information may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER: DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual Corpor to Officer: t,s IDf4�,;Y StL4�r��rs/c� irnPi�y r�r6hmej�`I- 1 itle(s) Title or Type of Document ❑ Partner(s): ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: SIGNER IS REPRESENTING Name of Person(s) or Entity(ies) Number of Pages SIGNERS (Other than named above) v Tity/ 4 4 Q" COUNCIL/RDA MEETING DATE: June 20, 2000 ITEM TITLE: Approval of a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, La Quinta Unit RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /-0- STUDY SESSION: PUBLIC HEARING: Approve a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, La Quinta Unit and authorize staff to utilize the General Fund Account in the amount of $30,000, and CDBG Funds in the amount of $30,000 for the payments required by the Agreement. FISCAL IMPLICATIONS: Funds have been identified in the proposed Budget for Fiscal Year 2000/01 for the Boys and Girls Club Agreement with funding allocated in the amount of $30,000 from the City's General Fund and $30,000 from the City's annual CDBG allocation. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Boys and Girls Club of Coachella Valley entered into a lease agreement on February 4, 1992, with the City of La Quinta to construct a facility for providing a variety of children's programs. On June 20, 1994, the facility began offering the programs. At the December 19, 1995 City Council meeting, the Council approved a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley. The agreement term was from January 1, 1996 through June 30, 1996 for an amount not to exceed $30,000. Subsequently, the budget amount for fiscal years 1996/97,1997/98,1998/99 and 1999/2000 have contained $30,000 from the General Fund and $30,000 from the CDBG Fund. The Riverside County Economic Development Agency funds a portion of the agreement with CDBG funds. Because reports are required of the Boys and Girls Club of Coachella Valley in order to qualify for the CDBG funds, staff has incorporated the reporting requirements as a part of the agreement. The proposed Agreement for 2000/01, provided as Attachment 1, will be effective July 1, 2000 through June 30, 2001 with an amount not to exceed $60,000. The Agreement is divided into two components. The first component is for shared use of the Boys and Girls Club facility in La Quinta. The amount for this portion of .the Agreement is $30,000 and provides the City with the ability to use the facility for programs operated Monday through Friday, 7:30 p.m. to 9:00 p.m.; Saturday and Sunday 9:00 a.m. to 9:00 p.m. The facility offers a games room, weight room, gymnasium, cafeteria, computer room and craft room. The second component of the Agreement is for services provided by the Boys and Girls Club to the residents of La Quinta. The Boys and Girls Club would be contracted in the amount of $30,000 for Fiscal Year 2000/2001 to provide social recreation programs to children, 7 - 17 years of age. The social recreation program schedule is Monday through Friday 2:00 p.m. to 7:30 p.m. during the school year, and 7:30 a.m. to 5:30 p.m. during the summer months. Activities include table games, board games, clinics, tournaments,, parties, and other programs designed for youth. These activities are funded by CDBG. Changes to the Agreement from last year include the dates that services will be offered to the public (Attachment 2). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, La Quinta Unit and authorize staff to utilize the General Fund Account in the amount of $30,000, and CDBG Funds in the amount of $30,000 for the payments required by the Agreement; or 2. Do not approve a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, La Quinta Unit; or 3. Provide staff with alternative direction. ully 117 Do'die Horvitz, gDrn riugity Services Director e,02 S:\Community maces\CCReports\CC.043b.wpd Approved for submission by: homas P. Genovese, City Manager Attachments: 1 . Joint Use of Facility and Services Agreement for 2000/01 2. Changes made to Joint Use of Facility and Services Agreement (in part) for 2000/01 003 S:\Community Services\CCReports\CC.043b.wpd ATTACHMENT 1 JOINT USE OF FACILITY AND SERVICES AGREEMENT Boys and Girls Club of Coachella Valley, La Quinta Unit THIS AGREEMENT FOR JOINT USE OF FACILITY AND SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, a California municipal corporation (the "City") and the BOYS AND GIRLS CLUB OF COACHELLA VALLEY, LA QUINTA UNIT, a nonprofit organization (the "Club"). WHEREAS, the CITY and the CLUB have entered into that certain lease agreement titled BOYS AND GIRLS CLUB OF COACHELLA VALLEY/LA QUINTA LEASE AGREEMENT (the "Lease Agreement" dated February 4, 1992); and WHEREAS, the CITY and the CLUB desire to implement in more detail Section 4.1 of the Lease Agreement regarding the ability of the CITY to utilize the facility constructed pursuant to the Lease Agreement by the Club (the "Facility"); and WHEREAS, the CITY has entered into a joint use agreement with the Coachella Valley Boys and Girls Club, La Quinta Unit previously (the "Joint Use of Facility and Services Agreement' dated December 20, 1995); and WHEREAS, the CITY desires to assist the CLUB in providing social recreation opportunities for the residents of La Quinta; and WHEREAS, the City finds that the proposed joint use of the Facility and the continuation of such services provide a significant public benefit to the citizens of the City: The Parties hereto agree as follows: 1.0 SHARED USE OF FACILITY 1.1 Grant of Use. Except for those office areas identified as reserved in Section 1.3 below, the Club hereby grants to the City for a term beginning July 1, 2000 to June 30, 2001, the license to enter upon, occupy, use and operate, according to the terms, conditions and covenants herein contained, the Facility during the time frame set out for City use in Section 1.2 below. 1.2 Schedule for Facili , Use. 1.2.1 Basic Schedule for City Use ("City Time"). Monday through Friday 7:30 p.m. - 10:00 p.m. (School Hours) Monday through Friday 5:30 p.m. - 10:00 p.m. (Summer Hours) Saturday and Sundays 9:00 a.m. - 9:00 p.m. 1.2.2 Quarterly Schedule Review. The Club and the City shall meet and confer at least quarterly to discuss their programming plans and avoid duplication of services as both Parties agree is reasonable. The City shall implement a permanent program plan within 60 days from the date of thil b&gcontr. 005 Agreement, and maintain said plan in accordance with its terms. 1.2.3 Duty to Permit Other Group Use. During such periods of City Time not otherwise conceded to the Club that the City does not have a proposed organized group use of the Facility, or of any particular room thereof ("Unused Time Slots"), City shall grant permits to public benefit groups and private benefit groups from the community requesting to use the Facility or Facility rooms as City deems most appropriate giving due consideration to the following guidelines and priorities: (1) A group that proposes a benefit to youth should have priority to a group that proposes a benefit to non -youth; (2) A group that proposes a benefit to more La Quinta residents should have a priority over a group that proposes a benefit to fewer La Quinta residents; (3) A group that proposes a use of greater public benefit to a larger number of people should have priority over a group that proposes a use with a lesser public benefit or to a lesser number of people; (4) A group posing a lesser risk of injury to persons or property should be given priority over a group that poses a greater risk of injury to persons or property; (5) The order in which the request for usage was received. 1.2.4 Duty to Supervise. During all such times as all or part of the Facility is permitted by the City to be used by one or more community groups as herein permitted, the City shall provide competent, on -site supervision of said group by an appropriate contingent of responsible adults, and such appropriate security therefore necessary to prevent property damage or intentional personal injury. 1.2.5 Liability for Damage. Property and Personal Injury. City shall be liable for all property damage and personal injury that occurs solely as a result of actions by its permittee or their guests or attendees, and shall hold the Club harmless from any and all such liability. 1.2.6 Specific Violations of Facility Use. Without limitation as to other possible violations of the Facility Use, the City shall specifically not permit the following uses: 1.2.6.1 Political Activities. City shall abide by Club's facility use policies and shall not permit or tolerate the use of the Facility for campaigning or otherwise working for the nomination or election of any individual to any public office, partisan or nonpartisan, or for any ballot measure, including any initiative, referendum, or advisory vote, except with the advance written permission of the Club, as a forum for open public debate by candidates on the condition that no member of the public shall be excluded therefrom. 1.2.6.2 Alcohol, Drugs or Tobacco. City shall abide by Club's facility use policies and not allow alcohol, illegal drugs, or tobacco to be sold, used or consumed in, on or about the Facility. City shall not permit or allow any portion of the Facility to be rented or utilized by any person, group or company that intends to provide alcoholic beverages at an event or meeting. The City shall make these facts known, in writing and through oral communications, to all staff members and participants at the Facility. 1.3 Reserved Areas. 1.3.1 Club Office Areas. Excepted from the license herein granted is the- area c v the Club's office. b&gcontr. 006 1.3.2 Storage Areas. Excepted from the license herein granted is the area of the Club's storage for games and supplies which is hereby specifically reserved and granted to the exclusive and full time use of the Club during the term of this Agreement. License is granted to the City by the Club for a term that is conterminous with the right of the City to use and operate the Facility, unless sooner terminated by the Club or 30 days written notice, for the full time and exclusive use of the small storage room off of the gymnasium in the Facility. 1.4 License Fee. 1.4.1 Basic License Fee. For the Basic License Fee the City shall make four quarterly payments of $7,500 each on July 31, 2000, October 13, 2000, January 19, 2001 and April 13, 2001, for a total amount not to exceed thirty thousand dollars. 1.5 Operations. 1.5.1 Fees. City may charge attendance fees to its invitees and users. 1.5.2 Log Book. All parties shall keep, maintain and permit the inspection by all other parties of, a joint log book in a form approved by the Club and the City in which the City and the Club shall maintain a record of acts of vandalism, repairs, incidents of graffiti, and other major incidents. 1.5.3 Procedure Training. City shall cause and train its employees to comply with procedures in a manual ("Procedures Manual") the Club prepares regarding utility turn-offs, alarm responses, locking up/closing, key distribution, facility damage (including graffiti reporting). 1.5.4 Key Provision. Parties will coordinate on providing keys and lock up procedures and use of the alarm system. 1.5.5 Maintenance. Except for conditions which may be corrected by normal janitorial services, all Parties shall leave the Facility at the conclusion of their daily time allotment in a neat and clean condition and one that does not impose any additional duty on the janitorial and custodial services staff, or upon the next occupant of the Facility. 1.5.6 Long Term Maintenance Plan. The Parties agree to develop a long term maintenance plan during the twelve month term of this agreement to address an equitable cost sharing approach to non -routine maintenance issues such as floor resealing, building painting, etc., which would be put into effect in subsequent agreements. 1.6 Indemnity for Shared Use. Reciprocal Indemnity for Invitee's, Employee's or Trespasser's Personal and Property Injuries Not Caused by Design, Construction, Maintenance or Repair. Each Party ("Indemnifying Party") indemnifies each other Party ("Indemnified Party"), holds the Indemnified Party harmless, and agrees to defend the Indemnified party against loss, damage or liability on a claim, the adverse judgment, adverse order on, or good faith settlement of, such a claim, including attorneys fees and court costs. in defending such claim, suffered by an Indemnified Party due to personal injury to, or damage to the property of, an invitee (including a permittee) of an Indemnified Party ("Indemnified's Invitee"), an employee ("Indemnified's Employee") of an Indemnified Party, or to a trespasser or other uninvited person, at the Facility (except to the extent that said claims based on an act or omission of design, construction, including building materials, maintenance or non -maintenance, repair 1 t- i or non -repair by the Indemnifying Party) primarily caused by the act or omission of the Indemnifying Party, their employees or invitees. b&gcontr. U 0 t 2.0 SERVICES OF THE CLUB 2.1 Scope of Services. In compliance with all the terms and conditions of this Agreement, the Club shall continue to provide social recreation programs to the children of La Quinta according to the following schedule: July 1, 2000 - September 1, 2000 Monday through Friday 7:30 - 5:30 p.m. September 11, 2000-December 15, 2000 Monday through Friday 2:00 - 7:30 p.m. December 18, 2000-December 29, 2000 Monday through Friday 7:30 - 5:30 p.m. January 2, 2001 - June 8, 2001 Monday through Friday 2:00 - 7:30 p.m. June 18, 2001 - June 29, 2001 Monday through Friday 7:30 - 5:30 p.m. Excluding any days off for observance of Boys and Girls Club holiday schedule. The Social Recreation program is to include but not limited to table games, board games, game technique clinics, tournaments, holiday parties and provide other opportunities for fun and constructive use of children's leisure time. The Club is required by this agreement to be familiar with and comply with the Community Development regulations and adhere to the polices contained in Exhibit A and Exhibit B. The Club understands and agrees to that no waiver or exception can be granted to the CDBG policies except with express written consent of the City. 2.2 Contractor's Proposal. (Not Applicable to this Agreement) 2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any federal, state or local governmental agency of competent jurisdiction. 2.4 Licenses, Permits. Fees and Assessments. Club shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. The Club shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 3.0 COMPENSATION 3.1 Contract Sum. For the services rendered by Club pursuant to this section of the Agreement, the City shall compensate the Club in the sum not to exceed Thirty Thousand Dollars ($30,000), to be distributed to the Club according to the payment schedule set forth in paragraph 3.2. It is the understanding of the Club and the City that Community Development Block Grant (CDBG) funds will be use to fund this portion of the contract. The sum of Thirty Thousand Dollars ($30,000), is contingent upon the Club completing the necessary reporting documents required by the Riverside County CDBG program tt)� ►o i 008 b&gcontr. 3.2 Payment Schedule. For the term of this Agreement, payments will be made to the Club according to the following schedule: Contract Sum Payment Date $7,500 July 31, 2000 $7,500 October 13, 2000 $7,500 January 19, 2001 $7,500 April 13, 2001 4.0 PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the Scope of Services and Schedule of Performance. Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. CDBG reporting forms must be filed in a timely manner in compliance with CDBG reporting timelines. Should the Club fail to perform or complete the necessary CDBG reports, the City will withhold payment of funds until the performance deficiency is remedied. 4.3 Force MaJeure. (Not applicable to this Agreement) 4.4 Term. Unless earlier terminated in accordance with Section 8.8 of this Agreement, the term of this Agreement shall be for twelve (12) months from July 1, 2000 through June 30, 2001. 5.0 COORDINATION OF WORK 5.1 Representative of Club. The following principals of the Club are hereby designated as being the principals and representatives of the Club authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Jim Ducatte, Executive Director b. Lee Simmons, President C. Dennis Modrich, Vice President d. Bob Frame, Treasurer e. Brian Harnick, Secretary 5.2 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be the Club's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Club shall refer any decisions which must be made by the City to the Contract Officer. Unless otherwi specified herein, any approval of the City rcn sired hereunder shall mean the approval of the Contraft4 Officer. b&gcontr. O O 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of the Club, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, the Club shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of the City. 5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which the Club, its agents or employees, perform the services required herein, except as otherwise set forth. The Club shall perform all services required herein as an independent contractor of the City and shall remain at all times as to the City a wholly independent contractor with only such obligations as are consistent with that role. The Club shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of the City. 6.0 INSURANCE AND INDEMNIFICATION 6.1 Insurance. The Club shall carry general liability and property damage insurance against all claims for injuries against persons or damages to property resulting from the Club's act or omissions arising out of or related to the Club's performance under this Agreement in an amount equal as specified in Lease agreement. The City shall be named as additionally insured to the policy and a certificate to that effect shall be delivered to the City prior to the payment of the first installment under Section 3.2 above. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice of proposed cancellation to the City. 6.2 Indemnification. The Club shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property and for errors and omissions committed by the Club, its officers, employees and agents, arising directly or indirectly out of or related to the Club's performance under this Agreement, except to the extent of such loss as may be caused by the City's own negligence or that of its officers or employees. 6.3 Performance Bond. (Not Applicable to this Agreement) 6.4 Payment Bond. (Not Applicable to this Agreement) 6.5 Remedies. In addition to any other remedies the City may have if the Club fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: 1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b&gcontr. 010 2. Order the Club to stop work under this Agreement and/or withhold any payment(s) which become due to the Club hereunder until the Club demonstrates compliance with the requirements hereof. 3. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for the Club's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which the Club may be held responsible for payments of damages to persons or property resulting from the Club's or its employees or agents in their performance, under this Agreement. 7.0 REPORTS 7.1 Reports. The Club shall prepare and submit to the Contract Officer a monthly report of attendance concerning the services as outlined in Scope of Services. In addition, a progress report, including an accounting of expenditures, shall be provided on or about January 15, 2001 and June 15, 2001. The Club shall prepare reports and intake forms as required by the Riverside County CDBG program. 7.2 Record Retention Clause. The Club shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, State of California, the Federal government, the City of La Quinta-Contract Officer or designee thereof, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least three (3) years after the expiration of the term of this Agreement. 7.3 Community Development Block Grant Funding The Club agrees to comply with the reporting processes of the Riverside County CDBG program in order to document the program meets a National Objective by serving limited clientele - all persons (100%) served by the services outlined in the Scope of Service shall be of low or moderate income. 8.0 ENFORCEMENT OF AGREEMENT 8.1 California Law. This Agreement shall be construed, interpreted and governed as to validity, performance of the parties and enforcement in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and the Club covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. �7U b&gcontr. O11 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit the City's right to terminate this Agreement without cause pursuant to Section 6.3. 8.3 Retention of Funds. The City may withhold from any monies payable to the Club, sufficient funds to compensate the City for any losses, costs, liabilities or damages it reasonably believes were suffered by the City due to the default of the Club in the performance of the services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. The City's consent or approval of any act by the Club requiring the City's consent or approval shall not be deemed to waive or render unnecessary the City's consent to or approval of any subsequent act of the Club. Any waiver by either party or any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times; of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Liquidated Damages. (Not Applicable to this Agreement) 8.8 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except for termination by the City for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the Club. 8.9 Attorneys' Fees. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and costs from the losing Party. 1 rj n `. ki b&gcontr. 012 12 9.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 9.1 Non-liabilft of City Officers and Employees. No officer or employee of the City shall be personally liable to the Club, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Club or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any state statute or regulation. The Club warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant Against Discrimination. The Club covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. The Club shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 10.0 MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: To Club: CITY OF LA QUINTA COACHELLA VALLEY BOYS 78-495 Calle Tampico AND GIRLS CLUB, LA QUINTA UNIT La Quinta, California 92253 42-600 Cook Street, Suite 120 Attention: City Manager Palm Desert, California 92211 10.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an inst—iment in writing signed by both parties. 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, b&gcontr. 013 paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 10.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 10.6 Lease. The Lease Agreement shall remain in effect according to its terms. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation Dated: By: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Dated: Mayor "CITY" BOYS AND GIRLS CLUB OF COACHELLA VALLEY, LA QUINTA UNIT, a nonprofit organization IRS Tax Exempt No.: LIZ Name: Title: "CLUB" 2'' V b&gcontr. 014 ATTACHMENT 2 1.3.2 Storage Areas. Excepted from the license herein granted is the area of the Club's storage for games and supplies which is hereby specifically reserved and granted to the exclusive and full time use of the Club during the term of this Agreement. License is granted to the City by the Club for a term that is conterminous with the right of the City to use and operate the Facility, unless sooner terminated by the Club or 30 days written notice, for the full time and exclusive use of the small storage room off of the gymnasium in the Facility. 1.4 License Fee. 1.4.1 Basic License Fee. For the Basic License Fee the City shall make four quarterly payments of $7,500 each on July 3-0, +999, $, 2290 0, October z 5 �, 1; , 20 , January 2.9A9}, and April 15, ", 1��„ for a total amount not to exceed thirty thousand dollars. 1.5 Operations. 1.5.1 Fees. City may charge attendance fees to its invitees and users. 1.5.2 Log Book. All parties shall keep, maintain and permit the inspection by all other parties of, a joint log book in a form approved by the Club and the City in which the City and the Club shall maintain a record of acts of vandalism, repairs, incidents of graffiti, and other major incidents. 1.5.3 Procedure Training. City shall cause and train its employees to comply with procedures in a manual ("Procedures Manual") the Club prepares regarding utility turn-offs, alarm responses, locking up/closing, key distribution, facility damage (including graffiti reporting). 1.5.4 Key Provision. Parties will coordinate on providing keys and lock up procedures and use of the alarm system. 1.5.5 Maintenance. Except for conditions which may be corrected by normal janitorial services, all Parties shall leave the Facility at the conclusion of their daily time allotment in a neat and clean condition and one that does not impose any additional duty on the janitorial and custodial services staff, or upon the next occupant of the Facility. 1.5.6 Long Term Maintenance Plan. The Parties agree to develop a long term maintenance plan during the twelve month term of this agreement to address an equitable cost sharing approach to non -routine maintenance issues such as floor resealing, building painting, etc., which would be put into effect in subsequent agreements. 1.6 Indemnity for Shared Use. Reciprocal Indemnity for Invitee's, Employee's or Trespasser's Personal and Property Injuries Not Caused by Design, Construction, Maintenance or Repair. Each Party ("Indemnifying Party") indemnifies each other Party ("Indemnified Party"), holds the Indemnified Party harmless, and agrees to defend the Indemnified party against loss, damage or liability on a claim, the adverse judgment, adverse order on, or good faith settlement of, such a claim, including attorneys fees and court costs in defending such claim, suffered by an Indemnified Party due to personal injury to, or damage to the property of, an invitee (including a permittee) of an Indemnified Party ("Indemnified's Invitee"), an employee ("Indemnified's Employee") of an Indemnified Party, or to , trespasser or other uninvited person, at the Facility (except to the extent that said claims based on an ac� b&gcontr. 0i5 or omission of design, construction, including building materials, maintenance or non -maintenance, repair or non -repair by the Indemnifying Party) primarily caused by the act or omission of the Indemnifying Party, their employees or invitees. 2.0 SERVICES OF THE CLUB 2.1 Scope of Services. In compliance with all the terms and conditions of this Agreement, the Club shall continue to provide social recreation programs to the children of La Quinta according to the following schedule: July 1, +999- September's ��fl Monday through Friday 7:30 - 5:30 p.m. September "4-1999 1,4-tom-December 17, 4999 Monday through Friday 2:00 - 7:30 p.m. December 20, 1999 1�,; ` , -December 31, 1-999 ., Q Monday through Friday 7:30 - 5:30 p.m. January 3, 2000 a01-June 9909 8 Z Monday through Friday 2:00 - 7:30 p.m. June ' 2,�V 18 , 0 - June 30, 2000 29, 2,' 91 Monday through Friday 7:30 - 5:30 p.m. Excluding any days off for observance of Boys and Girls Club holiday schedule. The Social Recreation program is to include but not limited to table games, board games, game technique clinics, tournaments, holiday parties and provide other opportunities for fun and constructive use of children's leisure time. The Club is required by this agreement to be familiar with and comply with the Community Development regulations and adhere to the polices contained in Exhibit A and Exhibit B. The Club understands and agrees to that no waiver or exception can be granted to the CDBG policies except with express written consent of the City. 2.2 Contractor's Proposal. (Not Applicable to this Agreement) 2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any federal, state or local governmental agency of competent jurisdiction. 2.4 Licenses, Permits, Fees and Assessments. Club shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. The Club shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 3.0 COMPENSATION 3.1 Contract Sum. For the services rendered by Club pursuant to this section of the Agreement, the City shall compensate the Club in the sum not to exceed Thirty Thousand Dollars ($30,000), to be distributed to the Club according to the payment schedule set forth in paragraph 3.2. It is the understanding of the Club and the City that Community Development Block Grant (CDBG) funds will be use to fund this portion of the contract. The sum of Thirty Thousand Dollars ($30,000), is contingent upon the Club completing the necessary reporting documents required by the Riverside County CDBG program b&gcontr. 016 3.2 Payment Schedule. For the term of this Agreement, payments will be made to the Club according to the following schedule: Contract Sum Payment Date $7,500 July�9 31, 2 ,O $7,500 October ' `,� 11,' �0 $7,500 January ' `,TJ 00.1 1,i,2001; $7,500 April 15, 209013,.M 4.0 PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the Scope of Services and Schedule of Performance. Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. CDBG reporting forms must be filed in a timely manner in compliance with CDBG reporting timelines. Should the Club fail to perform or complete the necessary CDBG reports, the City will withhold payment of funds until the performance deficiency is remedied. 4.3 Force Majeure. (Not applicable to this Agreement) 4.4 Term. Unless earlier terminated in accordance with Section 8.8 of this Agreement, the term of this Agreement shall be for twelve (12) months from July 1, 2000 through June 30, 2001. 5.0 COORDINATION OF WORK 5.1 Representative of Club. The following principals of the Club are hereby designated as being the principals and representatives of the Club authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Jim Ducatte, Executive Director b. Lee Simmons, President C. Dennis Modrich, Vice President d. Bob Frame, Treasurer e. Brian Harnick, Secretary b&gcontr. 3 017 i Tjiy/ 4 4 Q" COUNCIL/RDA MEETING DATE: June 20, 2000 ITEM TITLE: Consideration of a Resolution Adopting the Investment Policy of the City of La Quinta for Fiscal Year 2000/2001 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Resolution of the City Council adopting the Investment Policy of the City of La Quinta for Fiscal Year 2000/2001. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: SB564 imposes certain reporting requirements on state and local agencies. Specifically, the bill requires, in part, that the treasurer of a local agency submit an annual statement of investment policy to the legislative body. As a result of this reporting requirement, in March of 2000, the Investment Advisory Board (IAB) began the process of updating the City's Investment Policy to conform with this legislative requirement. On June 7, 2000, the Investment Advisory Board met with the City Manager, City Attorney (available via telephone) and City Treasurer to review the proposed Investment Policy. The proposed Investment Policy redline form is included as Attachment 1. 13 , 1% At their June 7th meeting, the IAB voted, by a 5-0-2 vote (Ayes: Board Members Irwin, Lewis, Olander, and Vice Chairman Mahfoud, Noes: None, Absent: Board Member Bulgrin and Chairman Osborne), to submit the proposed Investment Policy to the City Council for consideration. The Investment Advisory Board has spent the last four months working on the City Investment Policy. The general purpose of the City's Investment Policy is to provide the rules and standards the City must follow when investing the City of La Quinta's public funds. It is the policy of the City of La Quinta to invest all public funds in a manner which will provide a diversified portfolio with maximum security while meeting daily cash flow demands and the highest investment return in conformity with all State and local statutes. This Policy applies to all cash and investments of the City of La Quinta, La Quinta Redevelopment Agency and the La Quinta Financing Authority, hereafter referred to as the "City". The primary objectives, in order of priority, of the City of La Quinta's investment activity shall be: • Safety of principal is the foremost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. • The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. • The investment portfolio shall be designed with the objective of attaining a market rate of return or yield throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. • Within the constraints of safety, liquidity and yield, the City will endeavor to maintain a diversified portfolio by allocating assets between different types of investments within policy limitations. It is understood that all investments shall be made with judgment and care, under circumstances then prevailing, by persons with prudence, discretion, and intelligence acting as they would in the management of their own affairs, not for speculation, but for investment, as well as considering the probable safety of their capital and the probable income to be derived. As noted in the policy, authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the Investment Policy. The Treasurer is required to establish and implement a system of internal controls to maintain the safety of the portfolio. The 13 internal control system will also insure the timely preparation and accurate reporting of the portfolio financial information. As part of the annual audit of the City of La Quinta's financial statements, the independent auditor reviews the adequacy of those controls and advises the City if weaknesses are found. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Resolution of the City Council adopting the Investment Policy for Fiscal Year 2000/2001; or 2. Approve a Resolution of the City Council with changes adopting the Investment Policy for Fiscal Year 2000/2001; or 3. Do not approve a Resolution of the City Council adopting the Investment Policy for Fiscal Year 2000/2001; or 4. Provide staff with alternative direction. Respectfully submitted, -j ohn M. b1coner t7-4 Finance Director/Treasurer Approved for submission by: Thomas P. Genovese City Manager Attachments: 1. Redline Copy of Proposed Investment Policy �3,It t 003 RESOLUTION NO. 2000 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AND ADOPTING THE AMENDED INVESTMENT POLICY FOR FISCAL YEAR 2000/2001 WHEREAS, the general purpose of the Investment Policy is to provide the rules and standards users must follow in investing funds of the City of La Quinta; and WHEREAS, the primary objectives, in order of priority, of the City of La Quinta's investment activity shall be: Safety of principal is the foremost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The investment portfolio shall remain sufficiently LiQuild to meet all operating requirements that may be reasonably anticipated. The investment portfolio shall be designed with the objective of attaining a market rate of return or y%d throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. WHEREAS, authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the Investment Policy; and WHEREAS, the Investment Policy will be adopted before the end of June of each year and amended as considered necessary; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta to adopt the 2000/2001 Fiscal Year Investment Policy (Exhibit A). 130 004 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this day of 2000 by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: 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, California 133 U. ppt EXHIBIT A CITY OF LA QUINTA Investment Policy Table of Contents Section Tonic Pegg Executive Summary 2 1 General Purpose 4 II Investment Policy 4 III Scope 4 IV Objectives 5 ► Safety ► Liquidity ► Yield ► Diversified Portfolio V Prudence 6 VI Delegation of Authority 6 VII Conflict of Interest 7 Vill Authorized Financial Dealers and Institutions 7 ► Broker/Dealers ► Financial Institutions IX Authorized Investments and Limitations 9 Investment Pools 13 XI Safekeeping and Custody 13 XII Interest Earning Distribution Policy 13 XIII Internal Controls and Independent Auditors 14 XIV Benchmark - 16 XV Reporting Standards 16 XVI Investment of Bond Proceeds 16 XVII Investment Advisory Board - City of La Quinta 17 XVIII Investment Policy Adoption 17 Appendices: A. Summary of Authorized Investments and Limitations 18 B. Municipal Code Ordinance 2.70 - Investment Advisory Board 19 C. Municipal Code Ordinance 3.08 - Investment of Moneys and Funds 20 D. Segregation of Major Investment Responsibilities 22 E. Listing of Approved Financial Institutions 23 F. Broker/Dealer Questionnaire and Certification 24 G. Investment Pool Questionnaire 29 H. Glossary 33 13, 00 City of La Quinta Investment Policy Executive Summary The general purpose of this Investment Policy is to provide the rules and standards users must follow in investing funds of the City of La Quinta. It is the policy of the City of La Quinta to invest all public funds in a manner which will provide a diversified portfolio with maximum security while meeting daily cash flow demands and the highest investment return in conformity to all state and local statutes. This Policy applies to all cash and investments of the City of La Quinta, La Quinta Redevelopment Agency and the La Quinta Financing Authority, hereafter referred in this document as the "City". The primary objectives, in order of priority, of the City of La Quinta's investment activity shall be: Safety of principal is the foremost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. The investment portfolio shall be designed with the objective of attaining a market rate of return or yield throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Within the constraints of safety, liquidity and yield, the City will endeavor to maintain a diversified portfolio by allocating assets between different types of investments within policy limitations. Investments shall be made with judgment and care - under circumstances then prevailing - which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment- program consistent with the Investment Policy. The Treasurer shall establish and implement a system of internal controls to maintain the safety of the portfolio. In addition, the internal control system will also insure the 2 0083u timely preparation and accurate reporting of the portfolio financial information. As part of the annual audit of the City of La Quinta's financial statements the independent auditor reviews the adequacy of those controls and comments if weaknesses are found. Investment responsibilities carry added duties of insuring that investments are made without improper influence or the appearance to a reasonable person of questionable or improper influence. The City of La Quinta Investment Policy maintains a listing of financial institutions which are approved for investment purposes. All Broker/Dealers and financial institutions selected by the Treasurer to provide investment services will be approved by the City Manager subject to City Council approval. The Treasurer will be permitted to invest only in City approved investments up to the maximum allowable percentages and, where applicable, through the bid process requirements. Authorized investment vehicles and related maximum portfolio positions are listed in Appendix A - Summary of Authorized Investments and Limitations. At least two bids will be required of investments in the authorized investment vehicles. Collateralization will be required for Certificates of Deposits in excess of $100,000. Collateral will always be held by an independent third party from the institution that sells the Certificates of Deposit to the City. Evidence of compliance with State Collateral ization policies must be supplied to the City and retained by the City Treasurer. The City of La Quinta Investment Policy shall require that each individual investment have a maximum maturity of two years unless specific approval is authorized by the City Council. In addition, the City's investment in the State Local Agency Investment Fund (LAIF) is allowable as long as the average maturity does not exceed two years, unless specific approval is authorized by the City Council. The City's investment in Money Market Mutual funds is allowable as long as the average maturity does not exceed 60 days. The City of La Quinta Investment Policy will use the six month U.S. Treasury Bill as a benchmark when measuring the performance of the investment portfolio. The Investment Policies shall be adopted by resolution of the La Quinta City Council on an annual basis, The Investment Policies will be adopted before the end of June of each year. This Executive Summary is an overall review of the City of La Quinta Investment Policies. Reading this summary does not constitute a complete review which can only be accomplished by reviewing all the pages. 13 3 J 009 City of La Quinta Statement of Investment Policy July 1, 2000 through June 30, 2001 Adopted by the City Council on June 20, 2000 The general purpose of this document is to provide the rules and standards users must follow in administering the City of La Quinta cash investments. It is the policy of the City of La Quinta to invest public funds in a manner which will provide a diversified portfolio with safety of principal as the primary objective while meeting daily cash flow demands with the highest investment return. In addition, the Investment Policy will conform to all State and local statutes governing the investment of public funds. This Investment Policy applies to all cash and investments of the City of La Quinta, City of La Quinta Redevelopment Agency and the City of La Quinta Financing Authority, hereafter referred in this document as the "City". These funds are reported in the City of La Quinta Comprehensive Annual financial Report (CAFR) and include: All funds within the following fund types: ► General ► Special Revenue ► Capital Projects ► Debt Service ► Internal Service ► Trust and Agency ► Any new fund types and fund(s) that may be created. lij 4 010. IV OBJECTIVES The primary objective, in order of priority, of the City of La Quinta's investment activity shall be: 1. Safety Safety of principal is the foremost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio in accordance with the permitted investments. The objective will be to mitigate credit risk and interest rate risk. Credit Risk - is the risk of loss due to the failure of the security issuer or backer. Credit risk may be mitigated by: ► Limiting investments to the safest types of securities; ► Pre -qualifying the financial institutions, and broker/dealers, which the City of La Quinta will do business; and ► Diversifying the investment portfolio so that potential losses on individual securities will be minimized. Interest Rate risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Interest rate risk may be mitigated by: ► Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; and , ► By investing operating funds primarily in shorter -term securities. 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that sufficient liquid funds are available to meet anticipated demands. Furthermore since all possible cash demands cannot be anticipated the portfolio should be diversified and consist of securities with active secondary or resale markets. . 14 _L 5 �i O i l 3. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity with the following exceptions: ► A declining credit security could be sold early to minimize loss of principal; ► Liquidity needs of the portfolio require that the security be sold. 4. Diversified Portfolio Within the constraints of safety, liquidity and yield, the City will endeavor to maintain a diversified portfolio by allocating assets between different types of investments within policy limitations. The City shall follow the Uniform Prudent Investor Act as adopted by the State of California in Probate Code Sections 16045 through 16054.. Section 16053 sets forth the terms of a prudent person which are as follows: Investments shall be made with judgment and care - under circumstances then prevailing - which persons of prudence, discretion, and intelligence excerise in the professional management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. MINIF97TUTYRe7flPTAC, QUITONTM Authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish written procedures for the operation of the investment program consistent with the Investment Policy. Procedures should include reference to safekeeping, wire transfer agreements, banking service contracts, and collateral/depository agreements. Such procedures shall include explicit delegation of 6 01124 authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this Investment Policy and the procedures established by the City Treasurer. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The City Manager or Assistant City Manager shall approve in writing all purchases and sales of investments prior to their execution by the City Treasurer. OWWO190 - . Investment responsibilities carry added duties of insuring that investments are made without improper influence or the appearance of improper influence. Therefore, the City Manager, Assistant City Manager, and the City Treasurer shall adhere to the State of California Code of Economic Interest and to the following: ► The City Manager, Assistant City Manager, and the City Treasurer shall not personally or through a close relative maintain any accounts, interest, or private dealings with any firm with which the City places investments, with the exception of regular savings, checking and money market accounts, or other similar transactions that are offered on a non-negotiable basis to the general public. Such accounts shall be disclosed annually to the City Clerk in conjunction with annual disclosure statements of economic interest. ► All persons authorized to place or approve investments shall report to the City Clerk kinship relations with principal employees of firms with which the City places investments. The City of La Quinta Investment Policy maintains a listing of financial institutions which are approved for investment purposes. In addition a list will also be maintained of approved broker/dealers selected by credit worthiness, who maintain an office in the State of California. 1. Broker/Dealers who desire to become bidders for investment transactions must supply the City of La Quinta with the following: ► Current audited financial statements ► Proof of National Association of Security Dealers Certification ► Trading resolution ► Proof of California registration Resume of Financial broker 14 3 v 013 ► Completion of the City of La Quinta Broker/Dealer questionnaire which contains a certification of having read the City of La Quinta Investment Policy The City Treasurer shall evaluate the documentation submitted by the broker/dealer and independently verify existing reports on file for any firm and individual conducting investment related business. The City Treasurer will also contact the following agencies during the verification process: ► National Association of Security Dealer's Public Disclosure Report File - 1-800-289-9999 ► State of California Department of Corporations 1-916-445-3062 All Broker/Dealers selected by the City Treasurer to provide investment services will be approved by the City Manager subject to City Council approval. The City Attorney will perform a legal review of the trading resolution/investment contract submitted by each Broker/Dealer. Each securities dealer shall provide monthly and quarterly reports filed pursuant to U.S. Treasury Department regulations. Each mutual fund shall provide a prospectus and statement of additional information. 2. Financial Institutions will be required to meet the following criteria in order to receive City funds for deposit or investment: A. Insurance - Public Funds shall be deposited only in financial institutions having accounts insured by the Federal Deposit Insurance Corporation (FDIC) B. Collateral - The amount of City of La Quinta deposits or investments not insured by the FDIC -shall be 1 10% collateralized by securities' or 150% mortgages' market values of that amount of invested funds plus unpaid interest earnings. C. Disclosure - Each financial institution maintaining invested funds in excess of the FDIC insured amount shall furnish the City a copy of the most recent Annual Call Report. The City shall not invest in excess of the FDIC insured amount in banking institutions which do not disclose to the city a current listing of securities pledged for collateral ization in public monies. 14 ,.A. 8 014 The City Treasurer will be permitted to invest in the investments summarized in the Appendix A. As provided in Sections 16429.1, 53601, 53601.1, and 53649 of the Government Code, the State of California limits the investment vehicles available to local agencies as summarized in the following paragraphs. Section 53601, as now amended, provides that unless Section 53601 specifies a limitation on an investment's maturity, no investments with maturities exceeding five years shall be made. The City of La Quinta Investment Policy has specified that no investment may exceed two years. State Treasurer's Local Agency Investment Fund (LAIF) - As authorized in Government Code Section 16429.1 and by LAIF procedures, local government agencies are each authorized to invest a maximum of $30 million per account in this investment program administered by the California State Treasurer. The City's investment in the State Local Agency Investment Fund (LAIF) is allowable as long as the average maturity of its investment portfolio does not exceed two years, unless specific approval is authorized by the City Council. The City of La Quinta has two accounts with LAIF. The City of La Quinta Investment Policy has a limitation of 15% of the portfolio. U.S. Government and Related Issues - As authorized in Government Code Sections 53601 (a) through (n) as they pertain to surplus funds, this category includes a wide variety of government securities which include the following: • Local government bonds or other indebtedness and State bonds or other indebtedness. The City of La Quinta Investment Policy does not allow investments in local and state indebtedness • U.S. Treasury bills, notes and bonds directly issued and backed by the full faith and credit of the U.S. Government. The City of La Quinta Investment Policy limits investments in U.S. Treasury issues to 75% of the portfolio. • U.S. Government agencies issuing securities backed as to principal and interest by the full faith and credit of the U.S. Government. Government National Mortgage Association (GNMA) is such an agency. The City of La Quinta Investment Policy has a limitation of 75% of the portfolio with a single issuer limit of 25% of the portfolio. 14 9 015 • U.S. Government instrumentalities and agencies issuing securities not backed as to principal and interest by the full faith and credit of the U.S. Government. The Federal Home Loan Bank (FHLB), Federal Farm Credit Bank (FFCB), Federal Land Bank (FLB) and Federal Intermediate Credit Bank (FICB) are such issuers. The City of La Quinta Investment Policy has a limitation of 75% of the portfolio with a single issuer limit of 25% of the portfolio. • Federal government sponsored enterprises (GSEs) issuing securities not backed as to principal and interest by the full faith and credit of the U.S. Government. These GSEs include Federal National Mortgage Association (FNMA), Federal Home Loan Mortgage Corporation (FHMC) and Student Loan Marketing Association (SLMA) which are publicly owned. The City of La Quinta Investment Policy has a limitation of 75% of the portfolio with a single issuer limit of 25% of the portfolio. Bankers' Acceptances - As authorized in Government Code Section 53601 (f), 40% of the portfolio may be invested in Bankers' Acceptances, although no more than 30% of the portfolio may be invested in Bankers' Acceptances with any one commercial bank. Additionally, the maturity period cannot exceed 270 days; however, Bankers' Acceptances are seldom marketed with maturities in excess of 180 days. The City of La Quinta Investment Policy does not allow investment in Bankers' Acceptances. Commercial Paper - As authorized in Government Code Section 53601(g), 15% of the portfolio may be invested in commercial paper of the highest rating (A-1 or P-1) as rated by Moody's or Standard and Poor's, with maturities not to exceed 180 days. This percentage may be increased to 30% if the dollar weighted average maturity does not exceed 31 days. There are a number of other qualifications regarding investments in commercial paper based on the financial strength of the corporation and the size of the investment. The City of La Quinta's Investment Policy follows The Government Code with the following additional limitations: (1) maximum maturity per issue of 90 days and a (2) maximum of $2 million per issuer. Negotiable Certificates of Deposit- As authorized in Government Code Section 53601(h), 30% of the portfolio may be invested in negotiable certificates of deposit issued by commercial banks and savings and loan associations. The City of La Quinta Investment Policy does not allow investment in Negotiable Certificates of Deposit. 10 14Ot y 016 Repurchase and Reverse Repurchase Agreements - As authorized in Government Code Section 53601(i), these investment vehicles are agreements between the local agency and seller for the purchase of government securities to be resold at a specific date and for a specific amount. Repurchase agreements are generally used for short term investments varying from one day to two weeks. There is no legal limitation on the amount of the repurchase agreement. However, the maturity period cannot exceed one year. The market value of securities underlying a repurchase agreement shall be at least 102% of the funds invested and shall be valued at least quarterly. The City of La Quinta Investment Policy does not allow investment in Repurchase Agreements. The term "reverse repurchase agreement" means the sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase such securities on or before a specific date and for a specific amount. As provided in Government Code Section 53635, reverse repurchase agreements require the prior approval of the City Council. The City of La Quinta Investment Policy does not allow investment in Reverse Repurchase Agreements. Corporate Notes - As authorized in Government Code Section 53601 (j), local agencies may invest in corporate notes for a maximum period of five years in an amount not to exceed 30% of the agency's portfolio. The notes must be issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any other state and operating in the United States. The City of La Quinta Investment Policy does not allow investment in corporate notes. Diversified Management Companies - As authorized in Government Code Section 53601 (k), local agencies are authorized to invest in shares of beneficial interest issued by diversified management companies (mutual funds) in an amount not to exceed 20% of the agency's portfolio. There are a number of other qualifications and restrictions regarding allowable investments in corporate notes and shares of beneficial interest issued by mutual funds which include (1) attaining the highest ranking or the highest letter and numerical rating provided by not less than two of the three largest nationally recognized rating services, or (2) having an investment advisor registered with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations and with assets under management in excess of five hundred million dollars ($500,000,000). The City of La Quinta Investment Policy only allows investments in mutual funds that are money market funds maintaining a par value of $1 per share that invests in direct issues of the U. S. Treasury and/or US Agency Securities with an average maturity of their portfolio not exceeding 90 days and the City limits such investments to 20% of the portfolio. 147 017 11 Mortgage -Backed Securities - As authorized in Government code Section 53601(n), local agencies may invest in mortgage -backed securities such as mortgage pass -through securities and collateralized mortgage obligations for a maximum period of five years in an amount not to exceed 20% of the agency's portfolio. Securities eligible for investment shall have a "A" or higher rating. The City of La Quinta Investment Policy does not allow investment in Mortgage - Backed Securities. Financial Futures and Financial Option Contracts - As authorized in Government Code Section 53601.1, local agencies may invest in financial futures or option contracts in any of the above investment categories subject to the same overall portfolio limitations. The City of La Quinta Investment Policy does not allow investments in financial futures and financial option contracts. Certificates of Deposit - As authorized in Government Code Section 53649, Certificates of Deposit are fixed term investments which are required to be collateralized from 1 10% to 150% depending on the specific security pledged as collateral in accordance with Government Code Section 53652. There are no portfolio limits on the amount or maturity for this investment vehicle. Collateralization will be required for Certificates of Deposits in excess of the FDIC insured amount. The type of collateral is limited to City authorized investments. Collateral will always be held by an independent third party from the institution that sells the Certificates of Deposit to the City. Evidence of compliance with State Collateral ization policies must be supplied to the City and retained by the City Treasurer as follows: 1. Certificates of Deposits Insured by the FDIC. The City Treasurer may waive collateral ization of a deposit that is federally insured. 2. Certificates of Deposit in excess of FDIC Limits. The amount not federally insured shall be 110% collateralized by securities or 150% mortgages market value of that amount of invested funds plus unpaid interest earnings. The City of La Quinta Investment Policy limits the percentage of Certificates of Deposit to 60% of the portfolio. Sweep Accounts - As authorized by the City Council, a U.S. Treasury and/or U.S. Agency Securities Money Market Sweep Account with a $50,000 target balance may be maintained in conjunction with the checking account. Derivatives - The City of La Quinta Investment Policy does not allow investment in derivatives. 12 There are three (3) types of investment pools: 1) state -run pools, 2) pools that are operated by a political subdivision where allowed by law and the political subdivision is the trustee i.e. County Pool; and 3) pools that are operated for profit by third parties. The City of La Quinta Investment Policy has authorized investment with the State of California's Treasurers Office Local Agency Investment Fund commonly referred to as LAIF. LAIF was organized in 1977 through State Legislation Section 16429.1, 2 and 3. Each LAIF account is restricted to a maximum investable limit of $30 million. In addition, LAIF will provide quarterly market value information to the City of La Quinta. On an annual basis the City Treasurer will submit the Investment Pool Questionnaire to LAIF. Also, prior to opening any new Investment Pool account, which would require City Council approval, the City Treasurer will require the completion of the Investment Pool Questionnaire. The City does not allow investments with any other Investment Pool - County Pools or Third Party Pools. 1 _ • l ' l 91�� All security transactions of the City of La Quinta Investment Policy shall be conducted on a delivery - versus - payment (DVP) basis. Securities will be held by a third party custodian designated by the City Treasurer and evidenced by safekeeping receipts. Deposits and withdrawals of money market mutual funds and LAIF shall be made directly to the entity and not to an investment advisor, broker or dealer. Money market mutual funds and LAIF shall also operate on a DVP basis to be considered for investment. Interest earnings is generated from pooled investments and specific investments. 1. Pooled Investments - It is the general policy of the City to pool all available operating cash of the City of La Quinta, La Quinta Redevelopment Agency and La Quinta Financing Authority and allocate interest earnings, in the following order, as follows: A. Payment to the General Fund of an amount equal to the total annual bank service charges as incurred by the general fund for all operating funds as included in the annual operating budget. 13 14 019 B. Payment to the General Fund of a management fee equal to 5% of the annual pooled cash fund investment earnings. C. Payment to each fund of an amount based on the average computerized daily cash balance included in the common portfolio for the earning period. 2. Specific Investments - Specific investments purchased by a fund shall incur all earnings and expenses to that particular fund. The City Treasurer shall establish a system of internal controls to accomplish the following objectives: ► Safeguard assets; ► The orderly and efficient conduct of its business, including adherence to management policies; ► Prevention or detection of errors and fraud; ► The accuracy and completeness of accounting records; and, ► Timely preparation of reliable financial information. While no internal control system, however elaborate, can guarantee absolute assurance that the City's assets are safeguarded, it is the intent of the City's internal control to provide a reasonable assurance that management of the investment function meets the City's objectives. The internal controls shall address the following: a. Control of collusion. Collusion is a situation where two or more employees are working in conjunction to defraud their employer. b. Separation of transaction authority from accounting and record keeping. By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. C. Custodial safekeeping. Securities purchased from any bank or dealer including appropriate collateral (as defined by State Law) shall be placed with an independent third party for custodial safekeeping. l� 14 020 d. Avoidance of physical delivery securities. Book entry securities are much easier to transfer and account for since actual delivery of a document never takes place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. e. Clear deleaation of authority to subordinate staff members. Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities as outlined in the Segregation of Major Investment Responsibilities appendices. f. Written confirmation or telephone transactions for investments and wire transfers. Due to the potential for error and improprieties arising from telephone transactions, all telephone transactions shall be supported, by written communications and approved by the appropriate person. Written communications may be via fax if on letterhead and the safekeeping institution has a list of authorized signatures. Fax correspondence must be supported by evidence of verbal or written follow-up. g. Development of a wire transfer agreement with the City's bank and third party custodian. This agreement should outline the various controls, security provisions, and delineate responsibilities of each party making and receiving wire transfers. The System of Internal Controls developed by the City, shall be reviewed annually by the independent auditor in connection with the annual audit of the City of La Quinta's Financial Statements. The independent auditor's management letter comments pertaining to cash and investments, if any, shall be directed to the City Manager who will direct the City Treasurer to provide a written response to the independent auditor's letter. The management letter comments pertaining to cash and investment activities and the City Treasurer's response shall be provided to the City's Investment Advisory Board for their consideration. Following the completion of each annual audit, the independent auditor shall meet with the Investment Advisory Board and discuss the auditing procedures performed and the review of internal controls for cash and investment activities. 15 �J1. U 021 XIV BENCHMARK The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles commensurate with the investment risk constraints and the cash flow needs of the City. Return on investment is of least importance compared to safety and liquidity objectives. The City of La Quinta Investment Policy will use the six month U.S. Treasury Bill as a benchmark when measuring the performance of the investment portfolio. SB564 section 3 requires a quarterly report to the Legislative Body of Investment activities. The City of La Quinta Investment Advisory Board has elected to report the investment activities to the City Council on a monthly basis through the Treasurers Report. The City Treasurer shall submit a monthly Treasurers Report to the City Council and the Investment Advisory Board that includes all cash and investments under the authority of the Treasurer. The Treasurers Report shall summarize cash and investment activity and changes in balances and include the following: ► A certification by City Treasurer; ► A listing of Purchases and sales/maturities of investments; ► Cash and Investments categorized by authorized investments, except for LAIF which will be provided quarterly and show yield and maturity; ► Comparison of month end actual holdings to Investment Policy limitations; ► Current year and prior year monthly history of cash and investments for trend analysis; ► Balance Sheet; ► Distribution of cash and investment balances by fund; ► A comparison of actual and surplus funds; ► A year to date historical cash flow analysis and projection for the next six months. The City's Investment Policy shall govern bond proceeds and bond reserve fund investments. California Code Section 5922 (d) governs the investment of bond proceeds and reserve funds in accordance with bond indenture provisions which shall J be structured in accordance with the City's Investment Policy. 022 16 Arbitrage Requirement The US Tax Reform Act of 1986 requires the City to perform arbitrage calculations as required and return excess earnings to the US Treasury from investments of proceeds of bond issues sold after the effective date of this law. This arbitrage calculations may be contracted with an outside source to provide the necessary technical assistance to comply with this regulation. Investable funds subject to the 1986 Tax Reform Act will be kept segregated from other funds and records will be kept in a fashion to facilitate the calculations. The City's investment position relative to the new arbitrage restrictions is to continue pursuing the maximum yield on applicable investments while ensuring the safety of capital and liquidity. It is the City's position to continue maximization of yield and to rebate excess earnings, if necessary. The Investment Advisory Board (IAB) consists of seven members of the community that have been appointed by and report to the City Council. The IAB usually meets on a monthly basis, but at least quarterly to (1) review at least annually the City's Investment Policy and recommend appropriate changes; (2) review monthly Treasury Report and note compliance with the Investment Policy and adequacy of cash and investments for anticipated obligations; (3) receive and consider other reports provided by the City Treasurer; (4) meet with the independent auditor after completion of the annual audit of the City's financial statements, and receive and consider the auditor's comments on auditing procedures, internal controls and findings for cash and investment activities, and; (5) serve as a resource for the City Treasurer on matters such as proposed investments, internal controls, use or change of financial institutions, custodians, brokers and dealers. The appendices include City of La Quinta Ordinance 2.70 entitled Investment Advisory Board Provisions. XVIII INVESTMENT POLICY ADOPTION On an annual basis, the Investment policies will be initially reviewed by the Investment Advisory Board and the City Treasurer. The Investment Advisory Board will forward the Investment policies, with any revisions, to the City Manager and City Attorney for their review and comment. A joint meeting will be held with the Investment Advisory Board, City Manager, City Attorney, and City Treasurer to review the Investment policies and comments, prior to submission to the City Council for their consideration. The Investment Policies shall be adopted by resolution of the City of La Quinta City Council on an annual basis. The Investment Policies will be adopted before the end of June of each year. 5 J ;3 023 17 Appendix A s N p•p N O p c U c U a @ c 1529 g LU U. LL vy 4 � uS G @ C �^p v m W E. x� L^ r �' @ a % a W N N N N p�p O� N N y C) y fi 5 c LLE 3 N N a y8y� -6 C 9 pQZ o N W vi $, c W $ O O O H C yO a E Ec 3 LL O O O a a a a a a aat at a ag a �E a a $ a a p°cx a� a a W) P, N �m� c � S f; w ca lu v si w a c S Cy § m U �C i qZ 3i N O E�C�= `LLj{3{pp� O Z" 7 cc C LL o N N v m �C A v C Wigv�d F LL s _2 � VU LLg•`N`,��m �mLL° a r �'ag ` ? 'S�C LggL W�i �N�oRILD cli uj P9f0 2 v { O a E a d E � m c 5 10 E c c C K ry�Q' t wa U 2a QSc �3 NyCft 8s�cy� yy �x{ NCC py; y d N W Sp O C O E O y O 666 �1� g UP, m LL £>;_ � U 5 � p�'-NON 10 EE��cj1� .� a He �$ 6 b E� �v E�t�j yya?5 �myn•=b mTSc if �N EW mmc,owd. i N C rJ 'O E c$ a$ Z din E �0E �c3 �mE w noa • c ,,, m 8 18 Appendix B Chapter 2.70 INVESTMENT ADVISORY BOARD PROVISIONS Sections: 2.70.010 General Rules Regarding Appointment. 2.70.020 Board meetings. 2.70.030 Board functions. 2.70.010 General rules regarding appointment A. Except as set out below, see Chapter 2.06 for General Provisions. B. The Investment Advisory Board (the "board") is a standing board composed of seven (7) members from the public that are appointed by city council. La Quinta residency is preferred, but not a requirement for board members. Recruitment for members may be advertised outside of the city". C. Background in the investment field and/or related experience is preferred. Background information will be required and potential candidates must agree to a background check and verification. D. On an annual basis, in conjunction with the Political Reform Act disclosure statutes, or at any time if a change in circumstances warrants, each board member will provide the City Council with a disclosure statement which identifies any matters that have a bearing on the appropriateness of that member's service on the board. Such matters may include, but are not limited to, changes in employment, changes in residence, or changes in clients. 2.70.020 Board meetings. The Board usually will meet monthly, but this schedule may be extended to quarterly meetings upon the concurrence of the Board and the City Council. The specific meeting dates will be determined by the Board Members and meetings may be called for on an as needed basis. 2.70.030 Board functions. A. The principal functions of the Board are: (1) review at least annually the City's Investment Policy and recommend appropriate changes; (2) review monthly Treasury Report and note compliance with the Investment Policy and adequacy of cash and investments for anticipated obligations; (3) receive and consider other reports provided by the City Treasurer; (4) meet with the independent auditor after completion of the annual audit of the City's financial statements, and receive and consider the auditor's comments on auditing procedures, internal controls, and findings for cash and investment activities, and; (5) serve as a resource for the City Treasurer on matters such as proposed investments, internal controls, use or change of financial institutions, custodians, brokers and dealers. B. The Board will report to the City Council after each meeting either in person or through correspondence at a regular City Council meeting. 19 a25 Appendix C Chapter 3.08 INVESTMENT OF MONEYS AND FUNDS Sections: 3.08.010 Investment of city moneys and deposit of securities. 3.08.020 Authorized investments. 3.08.030 Sales of securities. 3.08.040 City bonds. 3.08.050 Reports. 3.08.060 Deposits of securities. 3.08.070 Trust fund administration. 3.08.010 Investment of city moneys and deposit of securities. Pursuant to, and in accordance with, and to the extent allowed by, Sections 53607 and 53608 of the Government Code, the authority to invest and reinvest moneys of the city, to sell or exchange securities, and to deposit them and provide for their safekeeping, is delegated to the city treasurer. (Ord. 2 § 1 (part), 1982) 3.08.020 Authorized investments. Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to purchase, at their original sale or after they have been issued, securities which are permissible investments under any provision of state law relating to the investing of general city funds, including but not limited to Sections 53601 and 53635 of the Government Code, as said sections now read or may hereafter be amended, from moneys in his custody which are not required for the immediate necessities of the city and as he may deem wise and expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of the securities so purchased. (Ord. 2 § 1 (part), 1982) 3.08.030 Sales of Securities. From time to time the city treasurer shall sell the securities in which city moneys have been invested pursuant to this chapter, so that the proceeds may, as appropriate, be applied to the purchase for which the original purchase money may have been designated or placed in the city treasury. (Ord. 2 § I (part), 3.08.040 City bonds. Bonds issued by the city and purchased pursuant to this chapter may be canceled either in satisfaction of sinking fund obligations or otherwise if proper and appropriate; provided, however, that the bonds may be held uncancelled and while so held may be resold. (Ord. 2 § 1 (part), 1982) 20 150 026 3.08.050 Reports. The city treasurer shall make a monthly report to the city council of all investments made pursuant to the authority delegated in this chapter. (Ord. 2 § 1 (part), 1982) 3.08.060 Deposits of securities. Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to deposit for safekeeping, the securities in which city moneys have been invested pursuant to this chapter, in any institution or depository authorized by the terms of any state law, including but not limited to Section 53608 of the Government Code as it now reads or may hereafter be amended. In accordance with said section, the city treasurer shall take from the institution or depository a receipt for the securities so deposited and shall not be responsible for the securities delivered to and receipted for by the institution or depository until they are withdrawn therefrom by the city treasurer. (Ord. 2 § 1 (part), 1982 3.08.070 Trust fund administration. Any departmental trust fund established by the city council pursuant to Section 36523 of the Government Code shall be administered by the city treasurer in accordance with Section 36523 and 26524 of the Government code and any other applicable provisions of law. (Ord. 2 § 1 (part), 1982) 15� 21 027 Appendix D SEGREGATION OF MAJOR INVESTMENT RESPONSIBILITIES Function Responsibilities Develop formal Investment Policy City Treasurer Recommend modifications to Investment Policy Investment Advisory Board Review formal Investment Policy and recommend City Manager and City Council action City Attorney Adopt formal Investment Policy City Council Review Financial Institutions & Select Investments City Treasurer Approve investments City Manager or Assistant City Manager Execute investment transactions City Treasurer Confirm wires, if applicable City Manager or Accounting Manager Record investment transactions in City's accounting records Accounting Manager Investment verification - match broker confirmation to City investment records Account Technician Reconcile investment records - to accounting records and bank statements - to Treasurers Report of investments Account Technician Security of investments at City Vault Security of investments Outside City Third Party Custodian Review internal control procedures External Auditor 22 153 028 Appendix E LISTING OF APPROVED FINANCIAL INSTITUTIONS 1. Banking Services - Wells Fargo Bank, Government Services, Los Angeles, California 2. Custodian Services - Bank of New York, Los Angeles, California 3. Deferred Compensation - International City/County Management Association Retirement Corporation 4. Broker/Dealer Services - Merrill Lynch, Indian Wells, CA Morgan Stanley Dean Witter, Los Angeles, California Salomon Smith Barney, Newport Beach, CA 5. Government Pool - State of California Local Agency Investment Fund City of La Quinta Account La Quinta Redevelopment Agency 6. Bond Trustees - 1991 City Hall Revenue Bonds - US Bank 1991 RDA Project Area 1 - US Bank 1992 RDA Project Area 2 - US Bank 1994 RDA Project Area 1 - US Bank 1995 RDA Project Area 1 & 2 - US Bank Assessment Districts - US Bank No Changes to this listing may be made without City Council approval. 153 23 Nj 022 Appendix F BROKER/DEALER QUESTIONNAIRE AND CERTIFICATION 1. Name of Firm: 2. Address: 3. Telephone: (_) (_ ) 4. Broker's Representative to the City (attach resume): Name: Title: Telephone: l_) 5. Manager/Partner-in-charge (attach resume): Name: Title: Telephone: 6. List all personnel who will be trading with or quoting securities to City employees (attach resume) Name: Title: Telephone: 7. Which of the above personnel have read the City's Investment Policy? 8. Which instruments are offered regularly by your local office? (Must equal 100%) % U.S. Treasuries % BA's % Commercial Paper % CD's % Mutual Funds % Agencies (specify): 24 % Repos % Reverse Repos % CMO's % Derivatives % Stocks/Equities % Other (specify): 160 V 030 9. References -- Please identify your most directly comparable public sector clients in our geographical area. Entity Contact Telephone Client Since Entity Contact _ Telephone Client Since 10. Have any of your clients ever sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of the instrument? If so, explain. 11. Has your firm or your local office ever been subject to a regulatory or state/ federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to the sale of securities? Have any of your employees been so investigated? If so, explain. 12. Has a client ever claimed in writing that yQu were responsible for an investment loss? Yes No If yes, please provide action taken Has a client ever claimed in writing that your firm was responsible for an investment loss? Yes No If yes, please provide action taken 161 25 031 Do you have any current, or pending complaints that are unreported to the NASD? Yes No If yes, please provide action taken Does your firm have any current, or pending complaints that are unreported to the NASD? Yes No If yes, please provide action taken 13. Explain your clearing and safekeeping procedures, custody and delivery process. Who audits these fiduciary responsibilities? Latest Audit Report Date 14. How many and what percentage of your transactions failed. Last month? % $ Last year? % $ 15. Describe the method your firm would use to establish capital trading limits for the City of La Quinta. 16. Is your firm a member in the S.I.P.C. insurance program. Yes If yes, explain primary and excess coverage and carriers. 17. What portfolio information, if any, do you require from your clients? 26 16 3 18. What reports and transaction confirmations or any other research publications will the City receive? 19. Does your firm offer investment training to your clients? Yes No 20. Does your firm have professional liability insurance. Yes No If yes, please provide the insurance carrier, limits and expiration date. 21. Please list your NASD Registration Number 22. Do you have any relatives who work at the City of La Quinta? Yes No If yes, Name and Department 23. Do you maintain an office in California. Yes No 24. Do you maintain an office in La Quinta or Riverside County? Yes No 25. Please enclose the following: • Latest audited financial statements. • Samples of reports, transaction confirmations and any other research/publications the City will receive. • Samples of research reports and/or publications that your firm regularly provides to clients. • Complete schedule of fees and charges for various transactions. 'CERTIFICATION' *CERTIFICATION* I hereby certify that I have personally read the Statement of Investment Policy of the City of La Quinta, and have implemented reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted between our firm and the City of La Quinta. All sales personnel will be routinely informed of the City's investment objectives, horizons, outlooks, strategies and risk constraints whenever we are so advised by the City. We pledge to exercise due diligence in informing the City of La Quinta of all foreseeable risks associated with financial transactions conducted with our firm. By signing this document the City of La Quinta is authorized to conduct any and all background checks. is 27 %J 033 Under penalties of perjury, the responses to this questionnaire are true and accurate to the best of my knowledge. Broker Representative Date_ Sales Date Title Manager and/or Managing Partner* Title A 28 034 Appendix G INVESTMENT POOL QUESTIONNAIRE Note: This Investment Pool Questionnaire was developed by the Government Finance Officers Association (GFOA). Prior to entering a pool, the following questions and issues should be considered. SECURITIES Government pools may invest in a broader range of securities than your entity invests in. It is important that you are aware of, and are comfortable with, the securities the pool buys. 1. Does the pool provide a written statement of Investment Policy and objectives? 2. Does the statement contain: a. A description of eligible investment instruments? b. The credit standards for investments? c. The allowable maturity range of investments? d. The maximum allowable dollar weighted average portfolio maturity? e. The limits of portfolio concentration permitted for each type of security? f. The policy on reverse repurchase agreements, options, short sales and futures? 3. Are changes in the policies communicated to the pool participants? 4. Does the pool contain only the types of securities that are permitted by your Investment Policy? INTEREST Interest is not reported in a standard format, so it is important that you know how interest is quoted, calculated and distributed so that you can make comparisons with other investment alternatives. Interest Calculations 1. Does the pool disclose the following about yield calculations: a. The methodology used to calculate interest? (Simple maturity, yield to maturity, etc.) b. The frequency of interest payments? c. How interest is paid? (Credited to principal at the end of the month, each quarter; mailed?) 1655 29 ". d. How are gains/losses reported? Factored monthly or only when realized? REPORTING 1. Is the yield reported to participants of the pool monthly? (If not, how often?) 2. Are expenses of the pool deducted before quoting the yield? 3. Is the yield generally in line with the market yields for securities in which you usually invest? 4. How often does the pool report, and does that report include the market value of securities? SECURITY The following questions are designed to help you safeguard your funds from loss of principal and loss of market value. 1. Does the pool disclose safekeeping practices? 2. Is the pool subject to audit by an independent auditor? 3. Is a copy of the audit report available to participants? 4. Who makes the portfolio decisions? 5. How does the manager monitor the credit risk of the securities in the pool? 6. Is the pool monitored by someone on the board of a separate neutral party external to the investment function to ensure compliance with written policies? 7. Does the pool have specific policies with regards to the various investment vehicles? a. What are the different investment alternatives? b. What are the policies for each type of investment? 8. Does the pool mark the portfolio to its market value? 9. Does the pool disclose the following about how portfolio securities are valued: a. The frequency with which the portfolio securities are valued? 30 %.; 036 b. The method used to value the portfolio (cost, current value, or some other method)? OPERA TONS The answers to these questions will help you determine whether this pool meets your operational requirements: 1. Does the pool limit eligible participants? 2. What entities are permitted to invest in the pool? 3. Does the pool allow multiple accounts and sub -accounts? 4. Is there a minimum or maximum account size? 5. Does the pool limit the number of transactions each month? What is the number of transactions permitted each month? 6. Is there a limit on transaction amounts for withdrawals and deposits? a. What is the minimum and maximum withdrawal amount permitted? b. What is the minimum and maximum deposit amount permitted? 7. How much notice is required for withdrawals/deposits? 8. What is the cutoff time for deposits and withdrawals? 9. Can withdrawals be denied? 10. Are the funds 100% withdrawable at anytime? 11. What are the procedures for making deposits and withdrawals? a. What is the paperwork required, if any? b. What is the wiring process? 12. Can an account remain open with a zero balance? 13. Are confirmations sent following each transaction? 16" r 31 037 S TA TEMENTS It is important for you and the agency's trustee (when applicable), to receive statements monthly so the pool's records of your activity and holding are reconciled by you and your trustee. 1. Are statements for each account sent to participants? a. What are the fees? b. How often are they passed? c. How are they paid? d. Are there additional fees for wiring funds (what is the fee)? 2. Are expenses deducted before quoting the yield? QUESTIONS TO CONSIDER FOR BOND PROCEEDS It is important to know (1) whether the pool accepts bond proceeds and (2) whether the pool qualifies with the U.S. Department of the Treasury as an acceptable commingled fund for arbitrage purposes. 1. Does the pool accept bond proceeds subject to arbitrage rebate? 2. Does the pool provide accounting and investment records suitable for proceeds of . bond issuance subject to arbitrage rebate? 3. Will the yield calculation reported by the pool be acceptable to the IRS or will it have to be recalculated? 4. Will the pool accept transaction instructions from a trustee? 5. Are you allowed to have separate accounts for each bond issue so that you do not commingle the interest earnings of funds subject to rebate with funds not subject to regulations? 168 32 038 Appendix H GLOSSARY (Adopted from the Municipal Treasurers Association) The purpose of this glossary is to provide the reader of the City of La Quinta investment policies with a better understanding of financial terms used in municipal investing. AGENCIES: Federal agency securities and/or Government -sponsored enterprises. ASKED: The price at which securities are offered. BANKERS' ACCEPTANCE (BA): A draft or bill of exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer. BROKER: A broker brings buyers and sellers together for a commission. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large -denomination CD's are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER: S h o r t- t e r m unsecured promissory notes issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank America, etc. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the City of La Quinta. It includes five combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DERIVATIVES: (1) Financial instruments whose. return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or (2) financial contracts based upon notional l60 33 039 amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities). DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling 3 below original offering price shortly after sale also is considered to be at a discount. DISCOUNT SECURITIES: Non -interest bearing money market instruments that are issued a discount and redeemed at maturity for full face value, e.g., U.S. Treasury Bills. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L's, small business firms, students, farmers, farm cooperatives, and exporters. 1. FNMAs (Federal National Mortgage Association) - Used to assist the home mortgage market by purchasing mortgages insured by the Federal Housing Administration and the Farmers Home Administration, as well as those guaranteed by the Veterans Administration. They are issued in various maturities and in minimum denominations of $10,000. Principal and Interest is paid monthly. 2. FHLBs (Federal Home Loan Bank Notes and Bonds) - Issued by the Federal Home Loan Bank System to help finance the housing industry. The notes and bonds provide liquidity and home mortgage credit to savings and loan associations, mutual savings banks, cooperative banks, insurance companies, and mortgage -lending institutions. They are issued irregularly for various maturities. The minimum denomination is $5,000. The notes are issued with maturities of less than one year and interest is paid at maturity. The bonds are issued with various maturities and carry semi-annual coupons. Interest is calculated on a 360-day, 30-day month basis. FLBs (Federal Land Bank Bonds) - Long-term mortgage credit provided to farmers by Federal Land Banks. These bonds are issued at irregular times for various maturities ranging from a few months to ten years. The minimum denomination is $1,000. They carry semi-annual coupons. Interest is calculated on a 360-day, 30 day month basis. 4. FFCBs (Federal Farm Credit Bank1 - Debt instruments used to finance the short and intermediate term needs of farmers and the national agricultural industry. They are issued monthly with three- and six-month maturities. The FFCB issues larger issues (one to ten year) on a periodic basis. These issues are highly liquid. 5. FICBs (Federal Intermediate Credit bank Debentures► - Loans to lending institutions used to finance the short-term and intermediate needs of farmers, such as seasonal production. They are usually issued monthly in minimum denominations of $3,000 with a nine -month maturity. Interest is payable at maturity and is calculated on a 360-day, 30-day month basis. 6. FHLMCs (Federal Home Loan Mortaaae Corporation) - a government sponsored entity established in 1970 to provide a secondary market for conventional home mortgages. Mortgages are purchased solely from the Federal Home Loan Bank System member lending institutions whose deposits are insured by agencies of the United States Government. They are issued for various maturities and in minimum denominations of $10,000. Principal and Interest is paid monthly. 34 v 040� Other federal agency issues are Small Business Administration notes (SBAs), Government National Mortgage Association notes (GNMAs), Tennessee Valley Authority notes (TVAs), and Student Loan Association notes (SALLIE-MAEs). FEDERAL DEPOSITOR INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open -market operations. FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks) which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLBs is to liquefy the housing related assets of its members who must purchase stock in their district Bank. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM: the central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA or FMHM mortgages. The term "passthroughs" is often used to describe Ginnie Maes. LAIF (Local Agency Investment Fund) - A special fund in the State Treasury which local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum balance of $30,000,000 for any agency. The City is restricted to a maximum of ten transactions per month. It offers high liquidity because deposits can be converted to cash in 24 hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share basis determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly. The State retains an amount for reasonable costs of making the investments, not to exceed one -quarter of one percent of the earnings. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. 171 35 041 MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase --reverse repurchase agreements that establishes each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer -lender to liquidate the underlying securities in the vent of default by the seller - borrower. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable MONEY MARKET: The market in which short- term debt instruments (bills, commercial paper, banders' acceptances, etc.) are issued and traded. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid. OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool. PORTFOLIO: Collection of all cash and securities under the direction of the City Treasurer, including Bond Proceeds. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity an depositions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) -registered securities 36 broker -dealers, banks and a few unregulated firms. QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return. REPURCHASE AGREEMENT (RP OR REPO): A repurchase agreement is a short-term investment transaction. Banks buy temporarily idle funds from a customer by selling U.S. Government or other securities with a contractual agreement to repurchase the same securities on a future date. Repurchase agreements are typically for one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal funds and the maturity of the repo. Some banks will execute repurchase agreements for a minimum of $100,000 to $500,000, but most banks have a minimum of $1,000,000. REVERSE REPURCHASE AGREEMENTS (RRP or RevRepo) - A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RRP extensively to finance their positions. Exception: When the Fed is said to be doing RRP, it is lending money, that is, increasing bank reserves. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15C3-1: See Uniform Net Capital Rule. STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises (FHLB, FNMAS, SLMA, etc.) And Corporations which have imbedded options (e.g., call features, step- up coupons, floating rate coupons, derivative - based returns) into their debt structure, Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the Shape of the yield curve. SURPLUS FUNDS: Section 53601 of the California Government Code defines surplus funds as any money not required for immediate necessities of the local agency. The City has defined immediate necessities to be payment due within one week. TREASURY BILLS: A non -interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. TREASURY BONDS: Long-term coupon -bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of more than 10 years. 37 TREASURY NOTES: Medium -term coupon -bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to 10 years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker -dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital . includes cash and assets easily converted into cash. UNIFORM PRUDENT INVESTOR ACT: The State of California has adopted this Act. The Act contains the following sections: duty of care, diversification, review of assets, costs, compliance determinations, delegation of investments, terms of prudent investor rule, and application. YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par of plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. 170 043 ATTACHMENT NO. 1 CITY OF LA QUINTA Investment Policy Table of Contents Section Topic Page Executive Summary 2 1 General Purpose 4 II Investment Policy 4 III Scope 4 IV Objectives 5 ► Safety ► Liquidity ► Yield ► Diversified Portfolio V Prudence 6 VI Delegation of Authority 6 VII Conflict of Interest 7 Vill Authorized Financial Dealers and Institutions 7 ► Broker/Dealers ► Financial Institutions IX Authorized Investments and Limitations 9 Investment Pools 13 XI Safekeeping and Custody 13 XII Interest Earning Distribution Policy 13 XIII Internal Controls and Independent Auditors 14 XIV Benchmark 16 XV Reporting Standards 16 XVI Investment of Bond Proceeds 16 XVII Investment Advisory Board - City of La Quinta 17 XVIII Investment Policy Adoption 17 Appendices: A. Summary of Authorized Investments and Limitations 18 B. Municipal Code Ordinance 2.70 - Investment Advisory Board 19 C. Municipal Code Ordinance 3.08 - Investment of Moneys and Funds 20 D. Segregation of Major Investment Responsibilities 22 E. Listing of Approved Financial Institutions 23 F. Broker/Dealer Questionnaire and Certification 24 G. Investment Pool Questionnaire 29 H. Glossary 33 1 1 "1 045 City of La Quinta Investment Policy Executive Summary The general purpose of this Investment Policy is to provide the rules and standards users must follow in investing funds of the City of La Quinta. It is the policy of the City of La Quinta to invest all public funds in a manner which will provide a diversified portfolio with maximum security while meeting daily cash flow demands and the highest investment return in conformity to all state and local statutes. This Policy applies to all cash and investments of the City of La Quinta, La Quinta Redevelopment Agency and the La Quinta Financing Authority, hereafter referred in this document as the "City". The primary objectives, in order of priority, of the City of La Quinta's investment activity shall be: Safety of principal is the foremost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. The investment portfolio shall be designed with the objective of attaining a market rate of return or yield throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Within the constraints of safety, liquidity and yield, the City will endeavor to maintain a diversified portfolio by allocating assets between different types of investments within policy limitations. Investments shall be made with judgment and care - under circumstances then prevailing - which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the Investment Policy. The Treasurer shall establish and implement a system of internal controls to maintain the safety of the portfolio. In addition, the internal control system will also insure the 2 17 046 timely preparation and accurate reporting of the portfolio financial information. As part of the annual audit of the City of La Quinta's financial statements the independent auditor reviews the adequacy of those controls and comments if weaknesses are found. Investment responsibilities carry added duties of insuring that investments are made without improper influence or the appearance to a reasonable person of questionable or improper influence. The City of La Quinta Investment Policy maintains a listing of financial institutions which are approved for investment purposes. All Broker/Dealers and financial institutions selected by the Treasurer to provide investment services will be approved by the City Manager subject to City Council approval. The Treasurer will be permitted to invest only in City approved investments up to the maximum allowable percentages and, where applicable, through the bid process requirements. Authorized investment vehicles and related maximum portfolio positions are listed in Appendix A - Summary of Authorized Investments and Limitations. At least two bids will be required of investments in the authorized investment vehicles. Collateral ization will be required for Certificates of Deposits in excess of $100,000. Collateral will always be held by an independent third party from the institution that sells the Certificates of Deposit to the City. Evidence of compliance with State Collateral ization policies must be supplied to the City and retained by the City Treasurer. The City of La Quinta Investment Policy shall require that each individual investment have a maximum maturity of two years unless specific approval is authorized by the City Council. In addition, the City's investment in the State Local Agency Investment Fund (LAIF) is allowable as long as the average maturity does not exceed two years, unless specific approval is authorized by the City Council. The City's investment in Money Market Mutual funds is allowable as long as the average maturity does not exceed 60 days. The City of La Quinta Investment Policy will use the six month U.S. Treasury Bill as a benchmark when measuring the performance of the investment portfolio. The Investment Policies shall be adopted by resolution of the La Quinta City Council on an annual basis, The Investment Policies will be adopted before the end of June of each year. This Executive Summary is an overall review of the City of La Quinta Investment Policies. Reading this summary does not constitute a complete review which can only be accomplished by reviewing all the pages. 1 iU 3 047 City of La Quinta Statement of Investment Policy July 1, 2000 through June 30, 2001 Adopted by the City Council on June 20, 2000 GENERAL PURPOSE The general purpose of this document is to provide the rules and standards users must follow in administering the City of La Quinta cash investments. 11 Z1122fiq It is the policy of the City of La Quinta to invest public funds in a manner which will provide a diversified portfolio with safety of principal as the primary objective while meeting daily cash flow demands with the highest investment return. In addition, the Investment Policy will conform to all State and local statutes governing the investment of public funds. This Investment Policy applies to all cash and investments of the City of La Quinta, City of La Quinta Redevelopment Agency and the City of La Quinta Financing Authority, hereafter referred in this document as the "City". These funds are reported in the City of La Quinta Comprehensive Annual financial Report (CAFR) and include: All funds within the following fund types: ► General ► Special Revenue ► Capital Projects ► Debt Service ► Internal Service ► Trust and Agency ► Any new fund types and fund(s) that may be created. 17 71 4 048 IV OBJECTIVES The primary objective, in order of priority, of the City of La Quinta's investment activity shall be: 1. Safety Safety of principal is the foremost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio in accordance with the permitted investments. The objective will be to mitigate credit risk and interest rate risk. A. Credit Risk Credit Risk - is the risk of loss due to the failure of the security issuer or backer. Credit risk may be mitigated by: ► Limiting investments to the safest types of securities; ► Pre -qualifying the financial institutions, and broker/dealers, which the City of La Quinta will do business; and ► Diversifying the investment portfolio so that potential losses on individual securities will be minimized. Interest Rate risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Interest rate risk may be mitigated by: ► Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; and ► By investing operating funds primarily in shorter -term securities. 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that sufficient liquid funds are available to meet anticipated demands. Furthermore since all possible cash demands cannot be anticipated the portfolio should be diversified and consist of securities with active secondary or resale markets. „ 5 N 049 3. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold' prior to maturity with the following exceptions: ► A declining credit security could be sold early to minimize loss of principal; ► Liquidity needs of the portfolio require that the security be sold. 4. Diversified Portfolio Within the constraints of safety, liquidity and yield, the City will endeavor to maintain a diversified portfolio by allocating assets between different types of investments within policy limitations. V PRUDENCE The City shall follow the Uniform Prudent Investor Act as adopted by the State of California in Probate Code Sections 16045 through 16054.. Section 16053 sets forth the terms of a prudent person which are as follows: Investments shall be made with judgment and care - under circumstances then prevailing - which persons of prudence, discretion, and intelligence excerise in the professional management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish written procedures for the operation of the investment program consistent with the Investment Policy. Procedures should include reference to safekeeping, wire transfer agreements, banking service contracts, and collateral/depository agreements. Such procedures shall include explicit delegation of 1 ( J 6 CjJO authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this Investment Policy and the procedures established by the City Treasurer. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The City Manager or Assistant City Manager shall approve in writing all purchases and sales of investments prior to their execution by the City Treasurer. a1 eeiilaLq miai�i ma Investment responsibilities carry added duties of insuring that investments are made without improper influence or the appearance of improper influence. Therefore, the City Manager, Assistant City Manager, and the City Treasurer shall adhere to the State of California Code of Economic Interest and to the following: ► The City Manager, Assistant City Manager, and the City Treasurer shall not personally or through a close relative maintain any accounts, interest, or private dealings with any firm with which the City places investments, with the exception of regular savings, checking and money market accounts, or other similar transactions that are offered on a non-negotiable basis to the general public. Such accounts shall be disclosed annually to the City Clerk in conjunction with annual disclosure statements of economic interest. ► All persons authorized to place or approve investments shall report to the City Clerk kinship relations with principal employees of firms with which the City places investments. VIII AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The City of La Quinta Investment Policy maintains a listing of financial institutions which are approved for investment purposes. In addition a list will also be maintained of approved broker/dealers selected by credit worthiness, who maintain an office in the State of California. 1. Broker/Dealers who desire to become bidders for investment transactions must supply the City of La Quinta with the following: ► Current audited financial statements ► Proof. of National Association of Security Dealers Certification ► Trading resolution ► Proof of California registration ► Resume of Financial broker y dlJ ► Completion of the City of La Quinta Broker/Dealer questionnaire which contains a certification of having read the City of La Quinta Investment Policy The City Treasurer shall evaluate the documentation submitted by the broker/dealer and independently verify existing reports on file for any firm and individual conducting investment related business. The City Treasurer will also contact the following agencies during the verification process: ► National Association of Security Dealer's Public Disclosure Report File - 1-800-289-9999 ► State of California Department of Corporations 1-916-445-3062 All Broker/Dealers selected by the City Treasurer to provide investment services will be approved by the City Manager subject to City Council approval. The City Attorney will perform a legal review of the trading resolution/investment contract submitted by each Broker/Dealer. Each securities dealer shall provide monthly and quarterly reports filed pursuant to U.S. Treasury Department regulations. Each mutual fund shall provide a prospectus and statement of additional- information. 2. Financial Institutions will be required to meet the following criteria in order to receive City funds for deposit or investment: A. Insurance - Public Funds shall be deposited only in financial institutions having accounts insured by the Federal Deposit Insurance Corporation (FDIC) B. Collateral - The amount of City of La Quinta deposits or investments not insured by the FDIC -shall be 1 10% collateralized by securities' or 150% mortgages' market values of that amount of invested funds plus unpaid interest earnings. C. Disclosure - Each financial institution maintaining invested funds in excess of the FDIC insured amount shall furnish the City a copy of the most recent Annual Call Report. The City shall not invest in excess of the FDIC insured amount in banking institutions which do not disclose to the city a current listing of securities pledged for collateralization in public monies. IX AUTHORIZED INVESTMENTS AND LIMITATIONS The City Treasurer will be permitted to invest in the investments summarized in the Appendix A. I. STATE OF CALIFORNIA AND CITY OF LA QUINTA LIMITATIONS As provided in Sections 16429.1, 53601, 53601.1, and 53649 of the Government Code, the State of California limits the investment vehicles available to local agencies as summarized in the following paragraphs. Section 53601, as now amended, provides that unless Section 53601 specifies a limitation on an investment's maturity, no investments with maturities exceeding five years shall be made. The City of La Quinta Investment Policy has specified that no investment may exceed two years. State Treasurer's Local Agency Investment Fund (LAIF) - As authorized in Government Code Section 16429.1 and by LAIF procedures, local government agencies are each authorized to invest a maximum of $30 million per account in this investment program administered by the California State Treasurer. The City's investment in the State Local Agency Investment Fund (LAIF) is allowable as long as the average maturity of its investment portfolio does not exceed two years, unless specific approval is authorized by the City Council. The City of La Quinta has two accounts with LAIF. The City of La Quinta Investment Policy has a limitation of 35% 15%) of the portfolio. U.S. Government and Related Issues - As authorized in Government Code Sections 53601 (a) through (n) as they pertain to surplus funds, this category includes a wide variety of government securities which include the following: • Local government bonds or other indebtedness and State bonds or other indebtedness. The City of La Quinta Investment Policy does not allow investments in local and state indebtedness • U.S. Treasury bills, notes and bonds directly issued and backed by the full faith and credit of the U.S. Government. The City of La Quinta Investment Policy limits investments in U.S. Treasury issues to 75% of the portfolio. • U.S. Government agencies issuing securities backed as to principal and interest by the full faith and credit of the U.S. Government. Government National Mortgage Association (GNMA) is such an agency. The City of La Quinta Investment. Policy has a limitation of 75% of the portfolio with a single issuer limit of 25% of the portfolio. 18 9 G53 • U.S. Government instrumentalities and agencies issuing securities not backed as to principal and interest by the full faith and credit of the U.S. Government. The Federal Home Loan Bank (FHLB), Federal Farm Credit Bank (FFCB), Federal Land Bank (FLB) and Federal Intermediate Credit Bank (FICB) are such issuers. The City of La Quinta Investment Policy has a limitation of 75% of the portfolio with a single issuer limit of 25% of the portfolio. • Federal government sponsored enterprises (GSEs) issuing securities not backed as to principal and interest by the full faith and credit of the U.S. Government. These GSEs include Federal National Mortgage Association (FNMA), Federal Home Loan Mortgage Corporation (FHMC) and Student Loan Marketing Association (SLMA) which are publicly owned. The City of La Quinta Investment Policy has a limitation of 75% of the portfolio with a single issuer limit of 25% of the portfolio. Bankers' Acceptances - As authorized in Government Code Section 53601 (f), 40% of the portfolio may be invested in Bankers' Acceptances, although no more than 30% of the portfolio may be invested in Bankers' Acceptances with any one commercial bank. Additionally, the maturity period cannot exceed 270 days; however, Bankers' Acceptances are seldom marketed with maturities in excess of 180 days. The City of La Quinta Investment Policy does not allow investment in Bankers' Acceptances. Commercial Paper - As authorized in Government Code Section 53601(g), 15% of the portfolio may be invested in commercial paper of the highest rating (A-1 or P-1) as rated by Moody's or Standard and Poor's, with maturities not to exceed 180 days. This percentage may be increased to 30% if the dollar weighted average maturity does not exceed 31 days. The eity of La Ekuinta Investment Policy only allows investments i - - - 11 0 a' paper to 3096 of t -, pertfolio with a maximum maturity of 30 90 days per issue. There are a number of other qualifications regarding investments in commercial paper based on the financial strength of the corporation and the size of the investment. The Gity of La Quinta Investment Policy also limits Gommereial Paper to no more than $1 2 mo"*on do" I )ne entity at any time for no more than 30 dttM. The City of La Quinta's Investment Policy follows The Government Code with the following additional limitations: (1) maximum maturity per issue of 90 days and a (2) maximum of $2 million per issuer. 10 18 054 Negotiable Certificates of Deposit- As authorized in Government Code Section 53601(h), 30% of the portfolio may be invested in negotiable certificates of deposit issued by commercial banks and savings and loan associations. The City of La Quinta Investment Policy does not allow investment in Negotiable Certificates of Deposit. Repurchase and Reverse Repurchase Agreements - As authorized in Government Code Section 53601(i), these investment vehicles are agreements between the local agency and seller for the purchase of government securities to be resold at a specific date and for a specific amount. Repurchase agreements are generally used for short term investments varying from one day to two weeks. There is no legal limitation on the amount of the repurchase agreement. However, the maturity period cannot exceed one year. The market value of securities underlying a repurchase agreement shall be at least 102% of the funds invested and shall be valued at least quarterly. The City of La Quinta Investment Policy does not allow investment in Repurchase Agreements. The term "reverse repurchase agreement" means the sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase such securities on or before a specific date and for a specific amount. As provided in Government Code Section 53635, reverse repurchase agreements require the prior approval of the City Council. The City of La Quinta Investment Policy does not allow investment in Reverse Repurchase Agreements. Corporate Notes - As authorized in Government Code Section 53601 (j), local agencies may invest in corporate notes for a maximum period of five years in an amount not to exceed 30% of the agency's portfolio. The notes must be issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any other state and operating in the United States. The City of La Quinta Investment Policy does not allow investment in corporate notes. Diversified Management Companies - As authorized in Government Code Section 53601 (k), local agencies are authorized to invest in shares of beneficial interest issued by diversified management companies (mutual funds) in an amount not to exceed 20% of the agency's portfolio. There are a number of other qualifications and restrictions regarding allowable investments in corporate notes and shares of beneficial interest issued by mutual funds which include (1) attaining the highest ranking or the highest letter and numerical rating provided by not less than two of the three largest nationally recognized rating services, or (2) having an investment advisor registered with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations and with assets under management in excess of five hundred million dollars ($500,000,000). The City of La 181,14 Quinta Investment Policy only allows investments in mutual funds that are 055 11 money market funds maintaining a par value of $1 per share that invests in direct issues of the U. S. Treasury and/or US Agency Securities with an average maturity of their portfolio not exceeding 60/90 days and the City limits such investments to 20% of the portfolio. Mortgage -Backed Securities - As authorized in Government code Section 53601(n), local agencies may invest in mortgage -backed securities such as mortgage pass -through securities and collateralized mortgage obligations for a maximum period of five years in an amount not to exceed 20% of the agency's portfolio. Securities eligible for investment shall have a "A" or higher rating. The City of La Quinta Investment Policy does not allow investment in Mortgage - Backed Securities. Financial Futures and Financial Option Contracts - As authorized in Government Code Section 53601.1, local agencies may invest in financial futures or option contracts in any of the above investment categories subject to the same overall portfolio limitations. The City of La Quinta Investment Policy does not allow investments in financial futures and financial option contracts. Certificates of Deposit - As authorized in Government Code Section 53649, Certificates of Deposit are fixed term investments which are required to be collateralized from 1 10% to 150% depending on the specific security pledged as collateral in accordance with Government Code Section 53652. There are no portfolio limits on the amount or maturity for this investment vehicle. Collateral ization will be required for Certificates of Deposits in excess of the FDIC insured amount. The type of collateral is limited to City authorized investments. Collateral will always be held by an independent third party from the institution that sells the Certificates of Deposit to the City. Evidence of compliance with State Collateral ization policies must be supplied to the City and retained by the City Treasurer as follows: 1. Certificates of Deposits Insured by the FDIC. The City Treasurer may waive collateral ization of a deposit that is federally insured. 2. Certificates of Deposit in excess of FDIC Limits. The amount not federally insured shall be 110% collateralized by securities or 150% mortgages market value of that amount of invested funds plus unpaid interest earnings. The City of La Quinta Investment Policy limits the percentage of Certificates of Deposit to 60% of the portfolio. 056 12 Sweep Accounts - As authorized by the City Council, a U.S. Treasury and/or U.S. Agency Securities Money Market Sweep Account with a $50,000 target balance may be maintained in conjunction with the checking account. Derivatives - The City of La Quinta Investment Policy does not allow investment in derivatives. X INVESTMENT POOLS There are three (3) types of investment pools: 1) state -run pools, 2) pools that are operated by a political subdivision where allowed by law and the political subdivision is the trustee i.e. County Pool; and 3) pools that are operated for profit by third parties. The City of La Quinta Investment Policy has authorized investment with the State of California's Treasurers Office Local Agency Investment Fund commonly referred to as LAIF. LAIF was organized in 1977 through State Legislation Section 16429.1, 2 and 3. Each LAIF account is restricted to a maximum investable limit of $30 million. In addition, LAIF will provide quarterly market value information to the City of La Quinta. On an annual basis the City Treasurer will submit the Investment Pool Questionnaire to LAIF. Also, prior to opening any new Investment Pool account, which would require City Council approval, the City Treasurer will require the completion of the Investment Pool Questionnaire. The City does not allow investments with any other Investment Pool - County Pools or Third Party Pools. XI SAFEKEEPING AND CUSTODY All security transactions of the City of La Quinta Investment Policy shall be conducted on a delivery - versus - payment (DVP) basis. Securities will be held by a third party custodian designated by the City Treasurer and evidenced by safekeeping receipts. Deposits and withdrawals of money market mutual funds and LAIF shall be made directly to the entity and not to an investment advisor, broker or dealer, Money market mutual funds and LAIF shall also operate on a DVP basis to be considered for investment. XII INTEREST EARNING DISTRIBUTION POLICY Interest earnings is generated from pooled investments and specific investments. n 13 057 1 . Pooled Investments - It is the general policy of the City to pool all available operating cash of the City of La Quinta, La Quinta Redevelopment Agency and La Quinta Financing Authority and allocate interest earnings, in the following order, as follows: A. Payment to the General Fund of an amount equal to the total annual bank service charges as incurred by the general fund for all operating funds as included in the annual operating budget. B. Payment to the General Fund of a management fee equal to 5% of the annual pooled cash fund investment earnings. C. Payment to each fund of an amount based on the average computerized daily cash balance included in the common portfolio for the earning period. 2. Specific Investments - Specific investments purchased by a fund shall incur all earnings and expenses to that particular fund. The City Treasurer shall establish a system of internal controls to accomplish the following objectives: ► Safeguard assets; ► The orderly and efficient conduct of its business, including adherence to management policies; ► Prevention or detection of errors and fraud; ► The accuracy and completeness of accounting records; and, ► Timely preparation of reliable financial information. While no internal control system, however elaborate, can guarantee absolute assurance that the City's assets are safeguarded, it is the intent of the City's internal control to provide a reasonable assurance that management of the investment function meets the City's objectives. The internal controls shall address the following: a. Control of collusion. Collusion is a situation where two or more employees are working in conjunction to defraud their employer. b. Separation of transaction authority from accounting and record keeping. By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. g ;" 14 051, C. Custodial safekeeping. Securities purchased from any bank or dealer including appropriate collateral (as defined by State Law) shall be placed with an independent third party for custodial safekeeping. d. Avoidance of physical delivery securities. Book entry securities are much easier to transfer and account for since actual delivery of a document never takes place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. e. Clear delegation of authority to subordinate staff members. Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities as outlined in the Segregation of Major Investment Responsibilities appendices. f. Written confirmation or telephone transactions for investments and wire transfers. Due to the potential for error and improprieties arising from telephone transactions, all telephone transactions shall be supported by written communications and approved by the appropriate person. Written communications may be via fax if on letterhead and the safekeeping institution has a list of authorized signatures. Fax correspondence must be supported by evidence of verbal or written follow-up. g. Development of a wire transfer agreement with the City's bank and third party custodian. This agreement should outline the various controls, security provisions, and delineate responsibilities of each party making and receiving wire transfers. The System of Internal Controls developed by the City, shall be reviewed annually by the independent auditor in connection with the annual audit of the City of La Quinta's Financial Statements. The independent auditor's management letter comments pertaining to cash and investments, if any, shall be directed to the City Manager who will direct the City Treasurer to provide a written response to the independent auditor's letter. The management letter comments pertaining to cash and investment activities and the City Treasurer's response shall be provided to the City's Investment Advisory Board for their consideration. Following the completion of each annual audit, the independent auditor shall meet with the Investment Advisory Board and discuss the auditing procedures performed and the review of internal controls for cash and investment 18 V activities. 15 o56 The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles commensurate with the investment risk constraints and the cash flow needs of the City. Return on investment is of least importance compared to safety and liquidity objectives. The City of La Quinta Investment Policy will use the six month U.S. Treasury Bill as a benchmark when measuring the performance of the investment portfolio. Run M161 at IMeTUT I MET SB564 section 3 requires a quarterly report to the Legislative Body of Investment activities. The City of La Quinta Investment Advisory Board has elected to report the investment activities to the City Council on a monthly basis through the Treasurers Report. The City Treasurer shall submit a monthly Treasurers Report to the City Council and the Investment Advisory Board that includes all cash and investments under the authority of the Treasurer. The Treasurers Report shall summarize cash and investment activity and changes in balances and include the following: ► A certification by City Treasurer; ► A listing of Purchases and sales/maturities of investments; ► Cash and Investments categorized by authorized investments, except for LAW which will be provided quarterly and show yield and maturity; ► Comparison of month end actual holdings to Investment Policy limitations; ► Current year and prior year monthly history of cash and investments for trend analysis; ► Balance Sheet; ► Distribution of cash and investment balances by fund,• ► A comparison of actual and surplus funds; ► A year to date historical cash flow analysis and projection for the next six months. The City's Investment Policy shall govern bond proceeds and bondreserve fund investments. California Code Section 5922 (d) governs the investment of bond proceeds and reserve funds in accordance with bond indenture provisions which shall -- be structured in accordance with the City's Investment Policy. 16 Arbitrage Requirement The US Tax Reform Act of 1986 requires the City to perform arbitrage calculations as required and return excess earnings to the US Treasury from investments of proceeds of bond issues sold after the effective date of this law. This arbitrage calculations may be contracted with an outside source to provide the necessary technical assistance to comply with this regulation. Investable funds subject to the 1986 Tax Reform Act will be kept segregated from other funds and records will be kept in a fashion to facilitate the calculations. The City's investment position relative to the new arbitrage restrictions is to continue pursuing the maximum yield on applicable investments while ensuring the safety of capital and liquidity. It is the City's position to continue maximization of yield and to rebate excess earnings, if necessary. XVII INVESTMENT ADVISORY BOARD - CITY OF LA QUINTA The Investment Advisory Board (IAB) consists of seven members of the community that have been appointed by and report to the City Council. The IAB usually meets on a monthly basis, but at least quarterly to (1) review at least annually the City's Investment Policy and recommend appropriate changes; (2) review monthly Treasury Report and note compliance with the Investment Policy and adequacy of cash and investments for anticipated obligations; (3) receive and consider other reports provided by the City Treasurer; (4) meet with the independent auditor after completion of the annual audit of the City's financial statements, and receive and consider the auditor's comments on auditing procedures, internal controls and findings for cash and investment activities, and; (5) serve as a resource for the City Treasurer on matters such as proposed investments, internal controls, use or change of financial institutions, custodians, brokers and dealers. The appendices include City of La Quinta Ordinance 2.70 entitled Investment Advisory Board Provisions. XVIII INVESTMENT POLICY ADOPTION On an annual basis, the Investment policies will be initially reviewed by the Investment Advisory Board and the City Treasurer. The Investment Advisory Board will forward the Investment policies, with any revisions, to the City Manager and City Attorney for their review and comment. A joint meeting will be held with the Investment Advisory Board, City Manager, City Attorney, and City Treasurer to review the Investment policies and comments, prior to submission to the City Council for their consideration. The Investment Policies shall be adopted by resolution of the City of La Quinta City Council on an annual basis. The Investment Policies will be adopted before the end of June of each year. 1 � U 061 17 Appendix A 19- 18 062 Appendix A A d a @ $ u LL LL a O c 12 L. N A E L. L L W N N N N Of N N W y �N LD gc N y� V C .gy�pp U9 O! ZS O $ N c r� ti gy x a a a 7 N ILa O O O 9L O O CL 8 �7j O N O W CL O O O 0 O �•` 8 a a a a aNcc� � m pa c n oae`d7� �O N a E N � 9 N oe $ $ a c h &N W L g d _ SIX ..LL o`m `a t'B 2� u- c L d c L Zi rd cac8i� p LL c y�27 ap � JR CCC� Z JI1SS C � � ,S _ N li UifyC 10 f7 !7 f N 63 C 8lugM1OM c � � g E 0 � oo N m E G $ •t V � N N rW W �_ �a s o S U c oT �� 8i � �3 o � is p41 m Ec m - Ul — Xt 'bcaBiTc �.7S � y �i ECy�j p3lp Ll m� � (J , 5 p( 8j J tyy � � yCC NpvC tm'bq� d3 t0 'bj ` v� 0) a� d p c a v 8i c a— m my '0c `�dd cad N�j� Tip J �2 LLo � LL v c E wr> `° Ym O 4 d 6 r Ntp¢N—y Z. �8 •�n �� a5 to��N �iE a N 0) f N t0 d LL 194 063 18 Appendix B Chapter 2.70 INVESTMENT ADVISORY BOARD PROVISIONS Sections: 2.70.010 General Rules Regarding Appointment. 2.70.020 Board meetings. 2.70.030 Board functions. 2.70.010 General rules regarding appointment A. Except as set out below, see Chapter 2.06 for General Provisions. B. The Investment Advisory Board (the "board") is a standing board composed of seven (7) members from the public that are appointed by city council. La Quinta residency is preferred, but not a requirement for board members. Recruitment for members may be advertised outside of the city". C. Background in the investment field and/or related experience is preferred. Background information will be required and potential candidates must agree to a background check and verification. D. On an annual basis, in conjunction with the Political Reform Act disclosure statutes, or at any time if a change in circumstances warrants, each board member will provide the City Council with a disclosure statement which identifies any matters that have a bearing on the appropriateness of that member's service on the board. Such matters may include, but are not limited to, changes. in employment, changes in residence, or changes in clients. 2.70.020 Board meetings. The Board usually will meet monthly, but this schedule may be extended to quarterly meetings upon the concurrence of the Board and the City Council. The specific meeting dates will be determined by the Board Members and meetings may be called for on an as needed basis. 2.70.030 Board functions. A. The principal functions of the Board are: (1) review at least annually the City's Investment Policy and recommend appropriate changes; (2) review monthly Treasury Report and note compliance with the Investment Policy and adequacy of cash and investments for anticipated obligations; (3) receive and consider other reports provided by the City Treasurer; (4) meet with the independent auditor after completion of the annual audit of the City's financial statements, and receive and consider the auditor's comments on auditing procedures, internal controls, and findings for cash and investment activities, and; (5) serve as a resource for the City Treasurer on matters such as proposed investments, internal controls, use or change of financial institutions, custodians, brokers and dealers. B. The Board will report to the City Council after each meeting either in person or through correspondence at a regular City Council meeting. 19 193 r`. Appendix C Chapter 3.08 INVESTMENT OF MONEYS AND FUNDS Sections: 3.08.010 Investment of city moneys and deposit of securities. 3.08.020 Authorized investments. 3.08.030 Sales of securities. 3.08.040 City bonds. 3.08.050 Reports. 3.08.060 Deposits of securities. 3.08.070 Trust fund administration. 3.08.010 Investment of city moneys and deposit of securities. Pursuant to, and in accordance with, and to the extent allowed by, Sections 53607 and 53608 of the Government Code, the authority to invest and reinvest moneys of the city, to sell or exchange securities, and to deposit them and provide for their safekeeping, is delegated to the city treasurer. (Ord. 2 § 1 (part), 1982) 3.08.020 Authorized investments. Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to purchase, at their original sale or after they have been issued, securities which are permissible investments under any provision of state law relating to the investing of general city funds, including but not limited to Sections 53601 and 53635 of the Government Code, as said sections now read or may hereafter be amended, from moneys in his custody which are not required for the immediate necessities of the city and as he may deem wise and expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of the securities so purchased. (Ord. 2 § 1 (part), 1982) 3.08.030 Sales of Securities. From time to time the city treasurer shall sell the securities in which city moneys have been invested pursuant to this chapter, so that the proceeds may, as appropriate, be applied to the purchase for which the original purchase money may have been designated or placed in the city treasury. (Ord. 2 § I (part), 3.08.040 City bonds. Bonds issued by the city and purchased pursuant to this chapter may be canceled either in satisfaction of sinking fund obligations or otherwise if proper and appropriate; provided, however, that the bonds may be held uncancelled and while so held may be resold. (Ord. 2 § 1 (part), 1982) 20 065 3.08.050 Reports. The city treasurer shall make a monthly report to the city council of all investments made pursuant to the authority delegated in this chapter. (Ord. 2 § 1 (part), 1982) 3.08.060 Deposits of securities. Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to deposit for safekeeping, the securities in which city moneys have been invested pursuant to this chapter, in any institution or depository authorized by the terms of any state law, including but not limited to Section 53608 of the Government Code as it now reads or may hereafter be amended. In accordance with said section, the city treasurer shall take from the institution or depository a receipt for the securities so deposited and shall not be responsible for the securities delivered to and receipted for by the institution or depository until they are withdrawn therefrom by the city treasurer. (Ord. 2 § 1 (part), 1982 3.08.070 Trust fund administration. Any departmental trust fund established by the city council pursuant to Section 36523 of the Government Code shall be administered by the city treasurer in accordance with Section 36523 and 26524 of the Government code and any other applicable provisions of law. (Ord. 2 § 1 (part), 1982) , 19 21 066 Appendix D SEGREGATION OF MAJOR INVESTMENT RESPONSIBILITIES Function Develop formal Investment Policy City Treasurer Recommend modifications to Investment Policy Investment Advisory Board Review formal Investment Policy and recommend City Manager and City Council action City Attorney Adopt formal Investment Policy City Council Review Financial Institutions & Select Investments City Treasurer Approve investments City Manager or Assistant City Manager Execute investment transactions City Treasurer Confirm wires, if applicable City Manager or Accounting Manager Record investment transactions in City's accounting records Accounting Manager Investment verification - match broker confirmation to City investment records Account Technician Reconcile investment records - to accounting records and bank statements - to Treasurers Report of investments Account Technician Security of investments at City Vault Security of investments Outside City Third Party Custodian Review internal control procedures External Auditor 19u 22 067 Appendix E LISTING OF APPROVED FINANCIAL INSTITUTIONS 1. Banking Services - Wells Fargo Bank, Government Services, Ontario Los Angeles, California 2. Custodian Services - Bank of New York, Los Angeles, California 3. Deferred Compensation - International City/County Management Association Retirement Corporation 4. Broker/Dealer Services - Merrill Lynch, Indian Wells, CA Morgan Stanley Dean Witter, San Franco Los Angeles, California Salomon Smith Barney, Newport Beach, CA 5. Government Pool - State of California Local Agency Investment Fund City of La Quinta Account La Quinta Redevelopment Agency 6. Bond Trustees - 1991 City Hall Revenue Bonds - US Bank 1991 RDA Project Area 1 - US Bank 1992 RDA Project Area 2 - US Bank 1994 RDA Project Area 1 - US Bank 1995 RDA Project Area 1 & 2 - US Bank Assessment Districts - US Bank No Changes to this listing may be made without City Council approval. 19� 23 068 Appendix F BROKER/DEALER QUESTIONNAIRE AND CERTIFICATION 1. Name of Firm: 2. Address: 3. Telephone: 4. Broker's Representative to the City (attach resume): Name: Title: Telephone: (_) 5. Manager/Partner-in-charge (attach resume): Name: Title: Telephone: 6. List all personnel who will be trading with or quoting securities to City employees (attach resume) Name: Title: Telephone: 7. Which of the above personnel have read the City's Investment Policy? 8. Which instruments are offered regularly by your local office? (Must equal 100%) % U.S. Treasuries % BA's % Commercial Paper % C D's % Mutual Funds % Agencies (specify): % Repos % Reverse Repos % CMO's % Derivatives % Stocks/Equities % Other (specify): 193 24 069 9. References -- Please identify your most directly comparable public sector clients in our geographical area. Entity Contact Telephone Client Since Entity Contact _ Telephone Client Since 10. Have any of your clients ever sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of the instrument? If so, explain. 11. Has your firm or your local office ever been subject to a regulatory or state/ federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to the sale of securities? Have any of your employees been so investigated? If so, explain. 12. Has a client ever claimed in writing that yu were responsible for an investment loss? Yes No If yes, please provide action taken Has a client ever claimed in writing that your firm was responsible for an investment loss? Yes No If yes, please provide action taken 193, 25 070 Do you have any current, or pending complaints that are unreported to the NASD? Yes No If yes, please provide action taken Does your firm have any current, or pending complaints that are unreported to the NASD? Yes No If yes, please provide action taken 13. Explain your clearing and safekeeping procedures, custody and delivery process. Who audits these fiduciary responsibilities? Latest Audit Report Date 14. How many and what percentage of your transactions failed. Last month? % $ Last year? % $ 15. Describe the method your firm would use to establish capital trading limits for the City of La Quinta. 16. Is your firm a member in the S.I.P.C. insurance program. Yes If yes, explain primary and excess coverage and carriers. 17. What portfolio information, if any, do you require from your clients? 26 No 2Uu 671 18. What reports and transaction confirmations or any other research publications will the City receive? 19. Does your firm offer investment training to your clients? Yes No 20. Does your firm have professional liability insurance. Yes No If yes, please provide the insurance carrier, limits and expiration date. 21. Please list your NASD Registration Number, 22. Do you have any relatives who work at the City of La Quinta? Yes No If yes, Name and Department 23. Do you maintain an office in California. Yes No 24. Do you maintain an office in La Quinta or Riverside County? Yes No 25. Please enclose the following: • Latest audited financial statements. • Samples of reports, transaction confirmations and any other research/publications the City will receive. • Samples of research reports and/or publications that your firm regularly provides to clients. Complete schedule of fees and charges for various transactions. * **'CERTIFICATION* I hereby certify that I have personally read the Statement of Investment Policy of the City of La Quinta, and have implemented reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted between our firm and the City of La Quinta. All sales personnel will be routinely informed of the City's investment objectives, horizons, outlooks, strategies and risk constraints whenever we are so advised by the City. We pledge to exercise due diligence in informing the City of La Quinta of all foreseeable risks associated with financial transactions conducted with our firm. By signing this document the City of La Quinta is authorized to conduct any and all background checks. 20 .11 27 d?n Under penalties of perjury, the responses to this questionnaire are true and accurate to the best of my knowledge. Broker Date Representative Title Sales Manager and/or Managing Partner* Date Title 20 28 073 Appendix G INVESTMENT POOL QUESTIONNAIRE Note: This Investment Pool Questionnaire was developed by the Government Finance Officers Association (GFOA). Prior to entering a pool, the following questions and issues should be considered. SECURITIES Government pools may invest in a broader range of securities than your entity invests in. It is important that you are aware of, and are comfortable with, the securities the pool buys. 1. Does the pool provide a written statement of Investment Policy and objectives? 2. Does the statement contain: a. A description of eligible investment instruments? b. The credit standards for investments? c. The allowable maturity range of investments? d. The maximum allowable dollar weighted average portfolio maturity? e. The limits of portfolio concentration permitted for each type of security? f. The policy on reverse repurchase agreements, options, short sales and futures? 3. Are changes in the policies communicated to the pool participants? 4. Does the pool contain only the types of securities that are permitted by your Investment Policy? INTEREST Interest is not reported in a standard format, so it is important that you know how interest is quoted, calculated and distributed so that you can make comparisons with other investment alternatives. Interest Calculations 1. Does the pool disclose the following about yield calculations: a. The methodology used to calculate interest? (Simple maturity, yield to maturity, etc.) b. The frequency of interest payments? c. How interest is paid? (Credited to principal at the end of the month, each quarter; mailed?) 20;; 29 074 d. How are gains/losses reported? Factored monthly or only when realized? REPORTING 1. Is the yield reported to participants of the pool monthly? (If not, how often?) 2. Are expenses of the pool deducted before quoting the yield? 3. Is the yield generally in line with the market yields for securities in which you usually invest? 4. How often does the pool report, and does that report include the market value of securities? SECURITY The following questions are designed to help you safeguard your funds from loss of principal and loss of market value. 1. Does the pool disclose safekeeping practices? 2. Is the pool subject to audit by an independent auditor? 3. Is a copy of the audit report available to participants? 4. Who makes the portfolio decisions? 5. How does the manager monitor the credit risk of the securities in the pool? 6. Is the pool monitored by someone on the board of a separate neutral party external to the investment function to ensure compliance with written policies? 7. Does the pool have specific policies with regards to the various investment vehicles? a. What are the different investment alternatives? b. What are the policies for each type of investment? 8. Does the pool mark the portfolio to its market value? 9. Does the pool disclose the following about how portfolio securities are valued: a. The frequency with which the portfolio securities are valued? 30 2G,� 075 b. The method used to value the portfolio (cost, current value, or some other method)? OPERA TIONS The answers to these questions will help you determine whether this pool meets your operational requirements: 1. Does the pool limit eligible participants? 2. What entities are permitted to invest in the pool? 3. Does the pool allow multiple accounts and sub -accounts? 4. Is there a minimum or maximum account size? 5. Does the pool limit the number of transactions each month? What is the number of transactions permitted each month? 6. Is there a limit on transaction amounts for withdrawals and deposits? a. What is the minimum and maximum withdrawal amount permitted? b. What is the minimum and maximum deposit amount permitted? 7. How much notice is required for withdrawals/deposits? 8. What is the cutoff time for deposits and withdrawals? 9. Can withdrawals be denied? 10. Are the funds 100% withdrawable at anytime? 11. What are the procedures for making deposits and withdrawals? a. What is the paperwork required, if any? b. What is the wiring process? 12. Can an account remain open with a zero balance? 13. Are confirmations sent following each transaction? 31 076 STA TEMENTS It is important for you and the agency's trustee (when applicable), to receive statements monthly so the pool's records of your activity and holding are reconciled by you and your trustee. 1. Are statements for each account sent to participants? a. What are the fees? b. How often are they passed? c. How are they paid? d. Are there additional fees for wiring funds (what is the fee)? 2. Are expenses deducted before quoting the yield? QUESTIONS TO CONSIDER FOR BOND PROCEEDS It is important to know (1) whether the pool accepts bond proceeds and (2) whether the pool qualifies with the U.S. Department of the Treasury as an acceptable commingled fund for arbitrage purposes. 1. Does the pool accept bond proceeds subject to arbitrage rebate? 2. Does the pool provide accounting and investment records suitable for proceeds of bond issuance subject to arbitrage rebate? 3. Will the yield calculation reported by the pool be acceptable to the IRS or will it have to be recalculated? 4. Will the pool accept transaction instructions from a trustee? 5. Are you allowed to have separate accounts for each bond issue so that you do not commingle the interest earnings of funds subject to rebate with funds not subject to regulations? 20rt U 32 077 Appendix H GLOSSARY (Adopted from the Municipal Treasurers Association) The purpose of this glossary is to provide the reader of the City of La Quinta investment policies with a better understanding of financial terms used in municipal investing. AGENCIES: Federal agency securities and/or Government -sponsored enterprises. ASKED: The price at which securities are offered. BANKERS' ACCEPTANCE (BA): A draft or bill of exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer. BROKER: A broker brings buyers and sellers together for a commission. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large -denomination CD's are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER: S h o r t- t e r m unsecured promissory notes issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank America, etc. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the City of La Quinta. It includes five combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. COUPON: (a) The annual rate of interest that a bond's is promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or (2) financial contracts based upon notional 20P7 33 078 amounts whose value is derived from an notes are issued with maturities of less than underlying index or security (interest rates, one year and interest is paid at maturity. The foreign exchange rates, equities or commodities). bonds are issued with various maturities and carry semi-annual coupons. Interest is DISCOUNT: The difference between the cost calculated on a 360-day, 30-day month basis. price of a security and its maturity when quoted at lower than face value. A security selling 3. FLBs (Federal Land Bank Bonds) - Long-term below original offering price shortly after sale mortgage credit provided to farmers by also is considered to be at a discount. Federal Land Banks. These bonds are issued at irregular times for various maturities DISCOUNT SECURITIES: Non -interest bearing ranging from a few months to ten years. The money market instruments that are issued a minimum denomination is $1,000. They carry discount and redeemed at maturity for full face semi-annual coupons. Interest is calculated value, e.g., U.S. Treasury Bills.. on a 360-day, 30 day month basis. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L's, small business firms, students, farmers, farm cooperatives, and exporters. 1. FNMAs (Federal National Mortaaae Association) - Used to assist the home mortgage market by purchasing mortgages insured by the Federal Housing Administration and the Farmers Home Administration, as well as those guaranteed by the Veterans Administration. They are issued in various maturities and in minimum denominations of $10,000. Principal and Interest is paid monthly. 2. FHLBs (Federal Home Loan Bank Notes and Bonds) - Issued by the Federal Home Loan Bank System to help finance the housing industry. The notes and bonds provide liquidity and home mortgage credit to savings and loan associations, mutual savings banks, cooperative banks, insurance companies, and mortgage -lending institutions. They are issued irregularly for various maturities. The minimum denomination is $5,000. The 4. FFCBs (Federal Farm Credit Bank) - Debt instruments used to finance the short and intermediate term needs of farmers and the national agricultural industry. They are issued monthly with three- and six-month maturities. The FFCB issues larger issues (one to ten year) on a periodic basis. These issues are highly liquid. 5. FICBs (Federal Intermediate Credit bank Debentures) - Loans to lending institutions used to finance the short-term and intermediate needs of farmers, such as seasonal production. They are usually issued monthly in minimum denominations of $3,000 with a nine -month maturity. Interest is payable at maturity and is calculated on a 360-day, 30-day month basis. 6. FHLMCs (Federal Home Loan Mortgaae Corporation) - a government sponsored entity established in 1970 to provide a secondary market for conventional home mortgages. Mortgages are purchased solely from the Federal Home Loan Bank System member lending institutions whose deposits are insured by agencies of the United States Government. They are issued for various maturities and in minimum denominations of $10,000. Principal and Interest is paid monthly. 34 079 Other federal agency issues are Small Business _ Administration notes (SBAs), Government National Mortgage Association notes (GNMAs), Tennessee Valley Authority notes (TVAs), and Student Loan Association notes (SALLIE-MAEs). FEDERAL DEPOSITOR INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open -market operations. FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks) which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLBs is to liquefy the housing related assets of its members who must purchase stock in their district Bank. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM: the central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. 35 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA or FMHM mortgages. The term "passthroughs" is often used to describe Ginnie Maes. LAIF (Local Agency Investment Fund) - A special fund in the State Treasury which local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum balance of $30,000,000 for any agency. The City is restricted to a maximum of ten transactions per month. It offers high liquidity because deposits can be converted to cash in 24 hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share basis determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly. The State retains an amount for reasonable costs of making the investments, not to exceed one -quarter of one percent of the earnings. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. N'n MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase --reverse repurchase agreements that establishes each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer -lender to liquidate the underlying securities in the vent of default by the seller - borrower. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable MONEY MARKET: The market in which short- term debt instruments (bills, commercial paper, banders' acceptances, etc.) are issued and traded. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid. OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool. PORTFOLIO: Collection of all cash and securities under the direction of the City Treasurer, including Bond Proceeds. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity an depositions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) -registered securities 36 broker -dealers, banks and a few unregulated firms. QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return. REPURCHASE AGREEMENT (RP OR REPO): A repurchase agreement is a short-term investment transaction. Banks buy temporarily idle funds from a customer by selling U.S. Government or other securities with a contractual agreement to repurchase the same securities on a future date. Repurchase agreements are typically for one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal funds and the maturity of the repo. Some banks will execute repurchase agreements for a minimum of $100,000 to $500,000, but most banks have a minimum of $1,000,000. REVERSE REPURCHASE AGREEMENTS (RRP or RevRepo) - A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RRP extensively to finance their positions. Exception: When the Fed is said to be doing RRP, it is lending money, that is, increasing bank reserves. 4.JL0 081 SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15C3-1: See Uniform Net Capital Rule. STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises (FHLB, FNMAS, SLMA, etc.) And Corporations which have imbedded options (e.g., call features, step- up coupons, floating rate coupons, derivative - based returns) into their debt structure, Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the Shape of the yield curve. SURPLUS FUNDS: Section 53601 of the California Government Code defines surplus funds as any money not required for immediate necessities of the local agency. The City has defined immediate necessities to be payment due within one week. TREASURY BILLS: A non -interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. TREASURY BONDS: Long-term coupon -bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of more than 10 years. 37 TREASURY NOTES: Medium -term coupon -bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to 10 years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker -dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. UNIFORM PRUDENT INVESTOR ACT: The State of California has adopted this Act. The Act contains the following sections: duty of care, diversification, review of assets, costs, compliance determinations, delegation of investments, terms of prudent investor rule, and application. YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par of plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. (18 f) Tit!t 4 4 QK&M COUNCIL/RDA MEETING DATE: June 20, 2000 Consideration of City Marketing Plan for. Fiscal Year 2000-2001 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: 1p CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The proposed marketing budget, as outlined in the Preliminary Budget for Fiscal Year 2000-2001, is $251,500. The proposed City Marketing Plan, as prepared by Kiner/Goodsell Advertising, calls for a Fiscal Year 2000-2001 budget of $217,300. Any changes to this plan may require attendant changes in the preliminary budget. CHARTER CITY IMPLICATIONS: None for this action. BACKGROUND AND OVERVIEW: The City's marketing consultant, Kiner/Goodsell Advertising, has prepared a City of La Quinta Marketing Plan (the "Plan") for Fiscal Year 2000-2001 (Attachment 1). The Plan serves as a guide for the City's marketing efforts. An earlier version of the Plan was considered as a Study Session item by the City Council on May 16, 2000. At that meeting, it was suggested that the Shop/Dine, Live La Quinta, and Keep La Quinta Clean programs be deleted from the Plan. Also recommended for deletion was the airport in -terminal advertising for airports other than the Palm Springs Airport. Further, the City Council suggested restricting parade participation to the Golf Cart and Date Festival Parades. The minutes from the May 16th meeting are attached for the Council's use (Attachment 2). �_1?5 At the May 16th meeting, several comments were made relative to whether certain items contained within the Plan were "marketing" or more "community -oriented" type programs. Staff has shifted funding for these programs into the Community Services Department (e.g. Civic Center grand opening, Gamby, Golf Cart parade, etc.). A comment was also made at the May 16' City Council meeting relative to Gamby's costume and the need for some revisions/redesign. The Community Services Director researched this issue and discussed changes with a costume company. Repairs to the feet can be made for approximately $1,000. A new costume is estimated to cost between $3,50045,000. Funds have not been allocated towards the Gamby costume at this time. The revised Plan focuses City marketing efforts on business retention and attraction. More specifically, the following strategies are proposed: ► Advertising campaign to showcase the businesses in La Quinta (e.g. 3-4 different 30-second televison spots, a full 4-page broad sheet in the Desert Sun, a "Celebrate La Quinta" week); ► Producing a rack card to highlight La Quinta businesses to the travel/tourism market (e.g. rack cards as found in many hotel lobbies); ► Updating the City's infomercial (including adding prominent footage of new businesses such as the auto mall); ► Remaining active in the International Council of Shopping Centers conventions in Las Vegas and Palm Springs (e.g. hosting a social event at the Palm Springs ICSC); ► Marketing La Quinta to the film community (e.g. advertise in the Production Guide, a widely distributed publication directed at the film community); ► Advertising in publications that are marketed to businesses which are looking to expand (e.g. Franchise Times); ► Advertising in special section advertising (e.g. Palm Springs Life issue on the Coachella Valley); ► Hosting the second annual real estate/finance professional breakfast at the La Quinta Resort & Club; ► Participating in community events (e.g. Golf Cart parade, Civic Center grand opening). 21V Based on comments made at the May 16Ih study session, staff has also included approximately $34,000 in an advertising account within the Fiscal Year 2000-2001 Preliminary Budget for miscellaneous marketing/advertising. FINDINGS AND ALTERNATIVES: The Marketing Plan has been prepared to guide the City's marketing efforts for Fiscal Year 2000-2001. Alternatives available to the City Council include: 1 . Approve the City Marketing Plan for Fiscal Year 2000-2001 as prepared by Kiner/Goodsell Advertising; or 2. Approve the City Marketing Plan for Fiscal Year 2000-2001 as prepared by Kiner/Goodsell Advertising and amended by the Council; or 3. Do not approve the City Marketing Plan; or 4. Provide staff with alternative direction. Respectfully submitted, Britt W. Wilson, Management Analyst City Manager's Office Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . City of La Quinta Marketing Plan prepared by Kiner/Goodsell Advertising 2. Minutes from the May 16, 2000 City Council meeting CAMyDatMWPDoos\CITY COUNCIL\CCSTFFMARKETINGPLANKINEROOODSELL 06-20-00.wpd f� CITY OF LA QUINTA MARKETING PLAN 2000-2001 ATTACHMENT 21 0) 0 5 4 ib KINER / GQ SELL A D V E S I N G Revised A404481inglPRIEeonomle Development Markfitfug for the City of La Quinta Fiseal Year duly 1, 2000 - dune 30, 2001 After receiving input from the Mayor and City Council at the City Council Meeting dated May 16, 2000, recommendations indicated that the City of La Quinta needs to look at taking a new marketing direction for the next fiscal year. The primary focus needs to be business retention and attraction, with less emphasis on community involvement programs. Because of the elimination of some labor-intensive and time-consuming community involvement programs, Kiner/Goodsell estimates that it will take less hours to service this account and recommends a reduced retainer, from last year's $3,400/40 hours per month to $3,000/35 hours per month in the next fiscal year. Kiner/Goodsell proposes the following strategies to attain these economic development objectives: Business Retention • Without infringing on the "gift of public funds" guidelines, the best strategy for supporting businesses would be a straightforward advertising campaign showcasing the businesses in La Quinta. To give equal exposure to everyone, we recommend creating 3-4 different 30-second spots -- each "panning" shots of the different businesses in La Quinta using a theme such as , "Have you seen La Quinta Lately?" (focusing on some of the new businesses, like the auto mall and movie theater). Another component of an advertising campaign in support of La Quinta businesses is a special section in the Desert Sun; a full 4-page broad sheet that's in 4-color process, listing all the businesses in their respective business categories (i.e. restaurants, services, etc.). We could encompass the section with a slogan like "Errands. Dining. Recreation. All your needs... with one spectacular view. Only in La Quinta: the Gem of the Desert." The section could also focus on new businesses and "coming attractions" in La Quinta. ' We could overprint the special section and have it available at the City and the Chamber of Commerce. We could also use a theme like "Celebrate La Quinta", and have a state official (perhaps Mary Bono) declare "Celebrate La Quinta" week. The initiative could include a kick-off event at City Hall, and businesses would be encouraged to offer discounts or special promotions as part of "Celebrate La Quinta" week. • La Quinta businesses have plenty to offer the travel/tourism market in Southern California. To reach this audience, we recommend producing a rack card that can be distributed on informational travel/tourism racks in hotels, restaurants, ri visitor centers, and other locations throughout the Inland Empire. This take- ; 73.101 Hwy. 111, Suite 4 Palm Desert, California 92260 760-773-0290 fax 760-773-1750 (J qA home piece will give prospectives a glimpse of La Quinta, and encourage those people to spend their leisure time -- and leisure dollars -- in the City of La Quinta. • Update outdated material in the City's economic development infomercial, adding more prominent footage of the businesses in La Quinta -- such as the Auto Mall, the La Quinta Resort, restaurants and various retail establishments. Explore new regional media placement vehicles, such as cable systems in different 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. Business Attraetien • The aforementioned travel/tourism rack card will also act as a business attraction/economic development tool. • Remain active in the annual ICSC (international Council of Shopping Centers) Convention -- October 2000. Advertise in the Las Vegas convention's program guide. • Market La Quinta to the film community -- specifically site locators for film and commercial ventures. Work closely with the Inland Empire Film Commission, including advertising in their widely -distributed Production Guide -- which is distributed at 5-6 trade shows, 4 film festivals as well as mailed to film studios and all location managers. • 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). In addition, continue to do some national economic development advertising (such as the Wall Street Journal). • Advertise in selected economic development "special, sections", such as the annual economic development section in "Palm Springs Life." • Host the 2nd annual breakfast event at the La Quinta Hotel for commercial real estate agents and commercial loan institutions, updating them on economic development within the City. Speakers will include the City Manager as well as key members of the Community Development and Public Works Departments. The event will also feature a full breakfast buffet (by invitation only). - Page 2 - 21 r�� 7 community Involvement • Maintaining a presence in community activities, such as: > Golf Cart Parade > International Date Festival Parade • Plan grand opening festivities for the Civic Center Park, scheduled to open next spring. • Re -visit seasonal event signage/banners to give La Quinta a quaint, hometown community atmosphere. • Become more active in events hosted by local businesses, such as KSL's Breakfast of Champions during the Bob Hope Chrysler Classic and/or Mariachi Festival over Labor bay Weekend. • 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). • Reserve a small portion of the budget for any miscellaneous collateral item needs that will arise throughout the year. - Page 3- ��u KIN ER / GQ SEOLL A D V E Q&19rfS I N G Breakdown City of La Quinta Fiseal Year 2000-2001 Business Retention Programs: Television Advertising (production & media) $14,100 Radio Advertising (production & media) $ 5,500 Print advertising $18,000 Travel/Tourism Rack Card $13,700 Update/Expand Infomercial & Snot TV (prod. & medial $58,000 TOTAL BUSINESS RETENTION $109,300 Business Attraetion Programs: ICSC Program Ads and Fall Event $ 4,300 Film/Site Locator Marketing $ 3,000 Retail` Trade Publication Advertising $ 6,500 National Economic Print Advertising (WSJ, etc.) $ 7,500 Palm Springs Life Advertorial $ 5,900 2nd Annual Commercial Realtors Breakfast $ 2,500 Development Process Brochure 2,500 TOTAL BUSINESS ATTRACTION $32,200 Community Involvement Programs: Golf Cart Parade $ 2,800 Date Festival Parade $ 1,400 Civic Center Park Grand Opening $13,000 Seasonal Banners $ 6,000 Support Various Business Events (i.e. Mariachi Fest.) $ 2,000 Bob Hope Classic Program Ad (design) $ 300 La Quinta 8 Theater Grand Opening $ 4,500 La Quinta 8 Theater Advertising $ 4,800 Miscellaneous Collateral Materials 5,000 TOTAL COMMUNITY INVOLVEMENT $39,800 Agency Retainer: Kiner / Goodsell Retainer at 35 hours / month $36,000 TOTAL RETAINER $36,000 TOTAL MARKETING BUDGET: $217,300 73-101 Hwy. 111, Suite 4 Palm Desert, California 92260 760.773-0290 fox 760-773-1750 City Council Minutes 0 ATTACHMENT 2 May 16, 2000 tunn advised water runoff in the tunnel will drain into a wet well and be pumped b nto the Norman Golf Course. Council concurred to 'I notices of the street closure to the County and residential developers in th a along with erecting street closure signs prior to the closure. MOTION - it was moved by Council Me Sniff/Adolph to approve the temporary closure of Madison Street between Ave 54 and Airport Boulevard for a period not to exceed 12 weeks commencing Mon une 19, 2000, and authorize the City Manager to sign an Indemnificatio reement for Improvement Beneath Public Right -of -Way upon City Attorney a al as to form, and prior to commencement of tunnel construction. Motion ed 2000-84. • 1. DISCUSSION OF CITY MARKETING PLAN FOR FISCAL YEAR 2000/2001. Management Analyst Wilson presented the proposed marketing plan and stated, upon receiving Council's input, staff will develop a budget commensurate with the desired level of marketing services to be incorporated into the FY 2000/2001 budget. Andrea Carter, of Kiner Goodsell Advertising, advised the focus of the marketing plan is the same as in the past: business retention, business attraction, and resident attraction. Council Member Sniff wished to see the plan concentrate on supporting the City's businesses in three segments of the business community: 1) resort, hotel, and recreational field; 2) general retail; and 3) the Auto Centre. Council Member Adolph referred to the amount spent on promotion and questioned the City getting its "money's worth." He suggested decreasing the emphasis on residential promotion and increasing the emphasis on business promotion. He did not feel the City picnic was very successful and asked about the Dine La Quinta program. Ms. Carter advised most of last year's participants in the Dine/Shop La auinta program reported an increase in business and those that did not had not given ..v -I n City Council Minutes 10 May 16, 2000 much of a discount. There was a definite increase in participation over last year and she felt the results could be used to gain participants for this year. In response to Council Member Adolph, Ms. Carter advised the additional funds would be used for travel/tourism racks in visitors centers in the Inland Empire area and advertising in mixed trade publications to attract businesses looking to expand. She stated they are recommending the promotional video be shown in the Inland Empire and Los Angeles areas as well as the Pacific Northwest and noted it can be updated at a minimal cost. Council Member Henderson noted there's been less enthusiasm about the Dine La Quinta program this year and stated she could not support it for another year as it is currently designed. She suggested the possibility of separate programs for fast-food establishments and upper -scale restaurants in the future and concentrating on high school students for the fast-food program. She supported focusing on business retention and helping La Quinta's businesses make a presence in the Valley. She referred to a center page ad placed by CVB in an insert for the IMAX movie "Wild California" and noted Indian Wells, Rancho Mirage, and Palm Desert have ads on the opposite page. She felt staff should be allowed funding to participate in such ad opportunities when they arise. Mayor Pena suggested an amount be set aside as a separate line item in the marketing budget. He also. asked staff to find out when Disney would be showing the footage filmed in the Valley. Council Member Henderson supported updating the infomercial and participation in the theater grand opening but questioned continued participation in parade activities. She wished to see a stronger emphasis on business retention and helping the auto mall gain higher visibility. Mayor Pena suggested limiting the parade activities to the Golf Cart Parade and Date Festival Parade. Council Member Henderson suggested the parades could be handled through the Community Services Department instead of the marketing program. Mayor Pena commented on the accomplishments of the City's marketing efforts and stated he believed the infomercial is a good marketing tool. He supported backing away from the Dine La Quinta program and felt the City should enter into enhanced marketing partnerships with the business community. He also suggested getting on the list for filming opportunities. ?9, 0-4 jt11 ' City Council Minutes 11 May 16, 2000 Council Member Sniff pointed out it's important for the City to be very generic in its promotion of businesses. Mayor Pena suggested staff look into an "on hold" recording for the telephone system that has the capability of providing public announcements on various activities, street closures, etc. in the City. Council concurred. Council reviewed the proposed marketing programs and events and concurred to retain the following: update the infomercial; promote movie theater (all) grand openings; market La Quinta to film community; explore advertising opportunities; participate in ICSC Conference, Commercial realtor event, Breakfast of Champions and possibly Mariachi Festival (in concert with KSQ, Golf Cart and Date Festival parades, and Civic Center park and expansion grand opening; Gamby (needs new costume); and street banner program (when poles are available). The "Shop/Dine La Quinta" program, residential promotion, direct marketing (terminal ads), "Keep La Quinta Clean" program, and on -screen advertising were deleted. A brief discussion ensued 'regarding the budget amount. Mayor Pena and Council Member Adolph supported staying with $217,000 and Council Member Sniff suggested going with $250,000 and seeing what the consultant brings back for Council's approval. Council Member Henderson suggested separating out $217,000 for the consultant's part of the marketing program and setting aside a remaining amount up to $250,000 for staff to use for marketing efforts. Council concurred. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to and until 7:00 p.m. VJLIII"li T4'lvl 4 46 Q" AGENDA CATEGORY: BUSINESS SESSION: 3 COUNCIL/RDA MEETING DATE: June 20, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of the Residential PUBLIC HEARING: Energy Assistance Rate Program RECOMMENDATION: Approve the City of La Quinta's participation in the Residential Energy Assistance Rate Program and authorize the City Manager to sign the Memorandum of Understanding with the United Way of Imperial County. FISCAL IMPLICATIONS: No direct costs are associated with City's participation in the Residential Energy Assistance Rate Program. There will be staff time required to assist participants in completing forms and verifying information. The City will be reimbursed $3.00 per program application submitted to the United Way of Imperial County. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The United Way of Imperial County offers a program in which low income residents that are customers of the Imperial Irrigation District (IID) may apply for the Residential Energy Assistance Program, as provided in Attachment 1. The rate which low income customers of IID are charged is reduced 20% or 25% of the normal residential rate through this program. The City of La Quinta's Senior Center is being requested by the United Way of Imperial County to become an agency site for residents to enroll in this program, through a Memorandum of Understanding (MOU) provided as Attachment 2. The cities of Coachella and Indio offer this program through their Senior Centers and the Catholic Charities organization provides this service to residents. This program is open to all low income residents, regardless of age. 22� As outlined in section V of the MOU, a requirement of an agency site is to determine who is qualified for relief, process applications and document and prepare required reports. City staff will review the program application, provided as Attachment 3, as completed by the applicant. The applicant is responsible for providing the correct information. Should the information provided by the applicant be inaccurate, the agency site is not held accountable for the inaccuracy, per a conversation with the United Way of Imperial County. Staff has contacted the three organizations that act as an agency site for this program to determine the additional amount of staff time required. The response from the three agencies does not indicate that the program impacts the current staff work load, as provided in Attachment 4. The La Quinta Senior Center staff does not believe that providing this service to the community will negatively impact their work load. The United Way of Imperial County will reimburse the City of La Quinta $3.00 for each application that is processed through the City's site, as outlined in Attachment 2, section IV. The term of the MOU is from June 1, 2000 through May 31, 2001. As the term nears completion, the City Council may consider renewing the MOU with the United Way of Imperial County or allowing the program to terminate at the end of the stated period. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City of La Quinta's participation in the Residential Energy Assistance Rate Program and authorize the City Manager to sign the Memorandum of Understanding with the United Way of Imperial County; or 2. Do not authorize the City of La Quinta's participation in the Residential Energy Assistance Rate Program; or 3. Provide staff with alternative direction. Respectfully/ ubmitted, 4 Dodie Hor' i'i'z, mmunity Services Director Approved for submission by: 221 1 ) 0(�.,,�& Thomas P. Genovese, City Manager S:\Community Services\CCReports\CC.051.wpd 00 2 Attachments: 1. Schedule D-EA: Residential -Energy Assistance 2. Memorandum of Understanding -United Way of Imperial County 3. Application for the Residential -Energy Assistance Rate 4. Memorandum Dated June 6, 2000 22 %. v 003 S:\Community Services\CCReports\CC.051.wpd IN ATTACHMENT 1 COMMUNITY C0NNECTI0 OUR ONLY BUSINESS IS TO SERVE YOU BETTER N May 2000 IID is proposing to change the following rate schedule effective July 1. A public hearing date is set for June 20. SCHEDULE D-EA: RESIDENTIAL - ENERGY ASSISTANCE APPLICABILITY Applicable to domestic service for customers who - You must renew your application annually or meet the eligibility requirements listed below. more frequently. QUALIFICATION To qualify for this rate, customer must complete an eligibility form provided and approved by the Dis- trict. ELIGIBILITY To be eligible for this rate, customer must meet the following requirements: - The total gross household income is no greater than that shown on the chart below: (Total income of all persons living in the household.) Minimum Number of Persons in Annual Percent Household Income Reduction Unlimited up to $17,000 25% 1-2 $17,001 20% 3 $20,000 20% 4 $24,000 20% Each additional person add $4,000. - The electric bill must be in your name or your residence must be served by a master meter. • The service address must be your main place of residence. • You cannot be claimed as a dependent on another person's income tax return. • You must provide proof of income for each person in the household receiving income. - You must notify the District within 30 days when you become ineligible. - Customer may be rebilled for periods of ineligi- bility under the applicable rate schedule. REQUIRED AT`"I'A.CMENTS Proof of income must be provided with application. Proof of iriccme includes the following: - State or Federal income tax returns for the last year plus most recent payroll or check stub. - Last year's W-2 and/or 1099-M forms from all employers plus most recent payroll or check stub. - Statement of benefits, such as AFDC, SSI, SSP, etc. - Other evidence of income. RATE The rate shall consist of a reduction equal to either 20% or 25%, depending on income level, of the Monthly Rate specified in Schedule D excluding the Public Benefits Charge. SPECIAL CONDITIONS Reaulations Governina Sale of Electric Ener Service under this rate schedule is subject to the District's Regulations Governing the Sale ofElectric Energy. ,� ,� , 22U COMMENCEMENT OF RATE Eligible customers shall be billed per this schedule commencing no more than one billing period after receipt of the application by the District. - You must reapply each time you move. U®4 vreaii&&o rr♦, r vr ~CKIIAL t.UUNI Y ATTACHMENT 2 MEMORANDUM OF UNDERSTANDING RESIDENTIAL ENERGY ASSISTANCE RATE PROGRAM This Memorandum of Understanding between United Way of Imperial County and LA QUINTA SENIOR CENTER defines the organizational relationship between both parties, I. Terms of the Agreemen_I': This agreement will cover the period from June 1, 2000 through May 31, 2001. This agreement may be revised per mutual agreement and renewed annually. It is the intent of all parties that proposed revisions be presented, discussed and incorporated into this agreement at least 90 days prior to May 31, 2001. II. General Obligations: The United Way of Imperial County shall operate under the guidelines, policies, and practices of a special project of United Way. The United Way of Imperial County through its administrative structure, will assume responsibility for the management of the programs, program oversight, and compliance with contractual requirements of the Imperial irrigation District. III. P1jrp�: The relationship between United Way of' Imperial County and Interviewing Agencies (including organizations) hereinafter referred to as Agency, is based upon mutual respect and understanding of the roles and functions of each. The Agency is an integral part of the whole range of human services. It is a key instrument through which concern for our neighbors and the well-being of the community is effectively transmitted into actions. The spirit with which the parties enter in to and carry out their relationship is the key to its success. If the parties are in agreement on basic functions and are clear about their expectations of each other, then the written documents become a framework for guiding the relationship in a positive manner. It is, therefore, essential that United Way of Imperial County and Agency agree on their respective roles and functions and the basic principles which are the foundation of their affiliation. 2 �, REAP.MOU 1 005 00-00-00 00:00 021 P02 IV. Role of the United Way: 'United Way of Imperial County serves as the administrative body for the overall programs. The administrative responsibilities are carried out in agreement with the respective contracts with the Imperial Irrigation District. United Way is charged with the responsibility to ensure compliance with the intent and purpose of the residential energy assistance rate programs, facilitate the implementation of program procedures and guidelines, track and monitor applications, and record number of households assisted. Additional responsibilities include but are not limited to: • The addition to or reduction of the number of Agencies. • Communication with Agency concerning program progress and service provided. • Communication with IID regarding program progress, resolution of problems, policy and procedural changes. • Training and orientation meetings with Agency prior to program implementation. • Follow-up or feed back meetings with Agency at the conclusion of each project period. • United Way shall pay agency $3 per interview on a monthly basis as performed and accepted. V. Role of Agency. Agencies are selected by United Way of Imperial County to participate in the rate assistance program(s). The Agency is responsible for determining who is qualified for relief, processing applications and documenting and preparing required reports. Agency must be available to provide assistance at least three times weekly during the program period. Qualified applicants are to be served regardless of their age, race, sex, religion, or place of residence. Additional responsibilities include but are not limited to: Following the guidelines and procedures included as Exhibit 1, Providing the United Way of Imperial County with required weekly 22 reports on time and in the specified tormat. 000 REA►AOU 2 RESIDENTIAL ENERGY ASSISTANCE PROGkAM 2000-2001 EXHIBIT 1 AVAILABLE TO: Low-income residential customers who meet the Income Guidelines (see application). PROCESSING RATE ASSISTANCE APPLICATIONS: • Have applicant fill out application and sign. • v�;rrry N, vvr yr lvi i), ul IO i ivi I IL.Owl of P�:l4vi Ii IF i _ .._ _..... .... ac cop f proof of income to agency copy of application. Verify account number from Imperial Irrigation District bill. Third Party Notification (if applicant is unable to apply in person). I . Any two of the following identification a. Senior I.D. b. California I.D. c. Medical Card d. Medicare card 2. Two bills with applicants name and address 3. Written note with signature A. Proof of income (see application) 5. Application must be signed by applicant and returned to agency • Record the date, account number, name and telephone number on log to be turned in with the application to United Way of Imperial County by 10:00 a.m, each Friday morning. Any applications turned in after this time will be processed the following week. Inform applicant that applications must be filled out annually or they will hp notomotir.ally dropped from the program. There will he no notification from Imperial Irrigation District. This rate reduction will start as of the next billing cycle and will not be retroactive. Mobile Home Park Residents - The application is filled out the some except instead of account number, write in name of Mobile Home Park. Applicant must turn in their application to Mobile Home Park Operator for rate discount. • Records must be retained for a minimum of three yeau, 007 OtAPAOU 4 • Attending orientation meetings and ensuring that all participants are properly trained/oriented. . o Networking with other agencies. • Suggesting changes and/or additions that could improve the programs. V1. If terms of this agreement are not met, United Way of Imperial County shall notify the Agency in writing for due cause and terminate this agreement. This action will not be taken without providing the agency with a 24-hour advance notice, to discuss the matter directly with United Way staff. VII. All agencies shall maintain liability insurance satisfactory to United Way and shall hold United Way and Imperial Irrigation District harmless for actions of its employees and volunteers while fulfilling this contract. VIII. All parties fully understand and accept the terms and conditions of this Memorandum of Understanding. ACCEPTED FOR: ACCEPTED BY UNITED WAY LA QUINTA SENIOR CENTER OF IMPERIAL COUNTY Authorized Signature Title .. ... _.. __,.. Date - REAr.Mou 3 Authorized Signature Title Date 7 j ,' 008 IID-45 (R1 6-99) Account Name: Account Number: Account Address: IMPERIAL IRRIGATION DISTRICT ATTACHMENT 3 Application for the Residential -Energy Assistance RAW(DE-A) (PLEASE PRINT CLEARLY) (LAST NAME) (NUMBER) (STREET) Daytime Phone Number (_ _ _) — To be eligible for this rate, the customer must meet the following requirements: Number of Persons in Household Annual Income 1 $17,000.00 2 $17,000.00 3 $20,000.00 4* $24,000.00* *Each additional person add $4,000.00 (CITY) (MI) 1. Please check all the sources of your income and PROVIDE DOCUMENTS showing proof of income for each person in household receiving income. Wages, Salaries and Commission Alimony/Spousal Support _ Unemployment Benefits AFDC _ Rental Income State or Federal Income Tax Returns _ Food Stamps 2. Your total gross annual income is $ Child Support _ Retirement Workers' Compensation _ SSI/SSP _ Business Income W-2 or 1099M Form From All Employers 3. Total number of persons living in your household: _ Self-employment _ Disability Lottery Winnings _ Social Security Interest Dividends Adults Children) The bill must be in the applicant's name. The account address must be your main place of residence. You cannot be claimed as a dependent on anotherperson's tax return. You must reapply each time you move. You must notify the District within 30 days when you become ineligible (customer may be rebilled for periods of ineligibility under the applicable rate schedule). 4. 1 CERTIFY THAT THE ABOVE IS TRUE AND CORRECT, Signature: Date Applied: APPLICANT. THIS APPLICATION MUST BE RENEWED ANNUALLY, PRIOR TO THE EXPIRATION DATE, WHICH IS 12 MONTHS FROM THE APPROVAL DATE. YOU ARE RESPONSIBLE FOR RENEWING; NO REMINDER NOTICE WILL BE ISSUED AND DISCOUNT IS NOT RETROACTIVE FOR THE PERIOD LAPSED. For Internal Use Only Agency: Agent: Date Aproved: 123 White Copy - United Way; Canary Copy - Agency; Pink Copy - Applicant 0 0 D 4 �� ATTACHMENT 4 MEMORANDUM LA QUINTA SENIOR CENTER TO: Dodie Horvitz, Community Services Director FROM: Marilyn Smith, Senior Center Supervisor JV DATE: June 6, 2000 SUBJECT: RESIDENTIAL ENERGY ASSISTANCE RATE PROGRAM MOU Participating agencies and comments from the directors in charge of this program: • Coachella Senior Center - Director: Catalina Valdez 1. Training furnished by United Way is satisfactory. 2. Staff and volunteers assist with taking applications. 3. Feels this is a necessary senior service. 4. Revenue received is more than adequate for staff time expended. Catholic Charities - Norma Miller 1. Training furnished by United Way is satisfactory. 2. This is a necessary service. 3. Takes very little of staff time to prepare application for client. • Indio Senior Center - Dick Schroeder 1. Training furnished by United Way is satisfactory. 2. Staff and volunteers assist with taking applications (Staff and volunteers also go out into the community to reach elderly, homebound.) 3. Actual time to complete application is minimal. 4. Source of revenue for the Senior Center. 5. Provides a necessary senior service. Each director supported this program and was adamant that the program be accessible to all qualified seniors. 010 T4'yl 4 4 Q" COUNCIL/RDA MEETING DATE: June 20, 2000 ITEM TITLE: Consideration of Bronze Relief Map Details for the Civic Center Campus Artwork Project RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve specific details to be incorporated into the bronze relief map that will be located in the Civic Center Campus, establish a budget amount for the bronze relief map, and authorize the City Manager to execute an Art Purchase Agreement with the artist. FISCAL IMPLICATIONS: The final cost of the bronze relief map will be dependent upon the details to be incorporated into the map. The artist has provided two proposals for the City Council's consideration with project amounts of $22,126.46 and $34,776.31. The funds for the Civic Center Campus artwork projects, which include the bronze relief map as one of the projects, have been allocated from the Art in Public Places account #701-000-255-211, with a total of $340,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the May 2, 2000 City Council meeting, a bronze relief map was selected to be included as part of the Civic Center Campus artwork projects, as provided in Attachment 1. The artist, Ms. Sandy Swan, received general direction from the City Council regarding the details to be included as part of the project. With this direction, Ms. Swan was able to determine an estimated cost to include details for City Council consideration. Attachment 2 provides the project description and details. The artist has presented two proposals for City Council consideration. 234 The first proposal (as outlined on page 10 of this report) includes a map that measures 34 inches wide by 24 inches deep and approximately 7 inches at the highest peak. This proposal provides the original City boundaries as the defining outline. The boundaries for this proposal are outlined on page 13 of this report, and are represented by the thick hash marks. The cost for this proposal is $22,126.26. Proposal two (also outlined on page 10 of this report) includes a map that is 42 inches wide by 32 inches deep and approximately 7 %Z inches at the highest peak. This proposal provides the additional annexation boundaries as of April 1993 as the defining outline. The boundaries for this proposal are outlined on page 13 of this report, and are represented by the thick hash marks as well as the thick black lines. The cost for this proposal is $34,776.31. Both proposals include a pedestal base constructed of a 6 inch steel pipe and permanently bolted to a concrete pad. The steel post can be left natural, painted or powder coated. If the powder coating option is chosen, there is an additional cost of $•317.86. Both proposals include raised text as well as braille text. Once the details have been defined by the City Council, an Art Purchase Agreement (Attachment 3) will be entered into with the Artist specifying the details to be included as part of the bronze relief map. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve specific details to be incorporated into the bronze relief map that will be located in the Civic Center Campus, establish a budget amount for the bronze relief map, and authorize the City Manager to execute an Art Purchase Agreement with the artist; or 2. Do not approve specific details to be incorporated into the bronze relief map that will be located in the Civic Center Campus and do not establish a budget amount for the bronze relief map; or 3. Provide staff with alternative direction. submitted, V, Dodie—Korvitz, Com nrty\Services Director 3 a 002 Approved for submission by: ('� �Z4��4-4 Thomas P. Genovese, City Manager Attachments: 1. Minutes from the May 2, 2000 City Council Meeting 2. Details with Cost Estimates for the Bronze Relief Map 3. Draft Art Purchase Agreement 003 S:\Community Services\CCReports\CC.049.wpd ATTACHMENT 1 -^ City Council Minutes 4 May 2, 2000 uncil Member Henderson was concerned about the restriction on low-level ov flights and stated the Desert Resorts Regional Airport Authority will b disc sing that issue at their next meeting on May 31. She was prepare o suppo the legislation if the date of the material supported could be inc ded in the solution along with wording that addresses the concern about overfligh . Wayne Han ck, 55-920 PGA Boulevard, of KSL Land Corporati , also voiced concern abou he overflight restrictions. Council Member Nnderson understood the restriction on mmercial low-level overflights are tour -type flights similar to those at th rand Canyon and that it should not impact ture general aviation. Council Member Adolph sked if the restriction ould include hot air balloons. Mayor Pena suggested thi item be conti ed until after the Desert Resorts Regional Airport Authority eting. Council Member Adolph was cXcepofied about verbiage in the legislation that states "Congress does not inten noting they could change their mind. Council Member Sniff was co erne he legislation would be delayed too long and result in a National Mo ment des nation being done by Executive Order. Mayor Pena /enderson y some of th Valley cities are not included in the Local Advisoeferenced in th legislation. Council Memnoted those cities a not likely to be impacted by the design MOT It was moved by Council Members S ' f/Henderson to continue consi ation of support of the proposed National nument designation to Jun 6, 2000. Motion carried unanimously with ncil Member Perkins A ENT. MINUTE ORDER NO. 2000-72. 2. CONSIDERATION OF CIVIC CENTER CAMPUS ARTWORK PROPOSALS. Community Services Director Horvitz presented the staff report.. City Council Minutes 5 May 2, 2000 i In response to Council Member Henderson, Ms. Horvitz confirmed the proposals received are outside the scope of the five components requested in the Request for Qualifications (RFQ). Rosita Shamis, 78-055 Del Monte Court, Vice -Chair of Cultural Arts Commission, asked Council to reopen the RFQ and include additional information, including budgeted amounts. She also suggested the bridge and railing enhancements be designed by one artist to avoid the artwork looking like an afterthought. Elaine Reynolds, 49-294 Avenida Vista Bonita, of the Cultural Arts Commission, agreed with allowing more time for artists--to-respond to the RFQ, and questioned why the artists were charged for thq'raps. Gwen Hughes, 53-624 Avenida Alvarado, an artist, stated she was available to answer questions on her art proposal. Council Member Sniff felt the Council should deal only with the five components of the RFQ and supported redistributing the RFQ with a slight modification to make the bridge the art piece rather than attaching art to it. In response to Council Member Adolph, Ms. Horvitz stated to -scale plans were made available to the artists and that budget amounts were not specified in the RFQ. Council Member Adolph supported redistribution of the RFQ and voiced concern about going over budget. He suggested the art pieces be moveable in order to rotate their locations. Coi inn►LMember Henderson stated she understood the budgeted amount of $243.000_.;s specifically for the five areas listed in the RFQ and that additional art pieces will be budgeted in future years. She questioned an artist being qualified to structurally design a bridge. Council Member Adolph noted a conceptual drawing by an artist could be presented to a structural engineer. Council Member Henderson suggested changing the focus from a linear water feature to the water spray feature in the lake. Mayor Pena noted one of the proposals is for a relief map which is one of the five components. ') Ot 6 City Council Minutes 6 May 2, 2000 Sandy Swan, 78-725 Avenida La Fonda presented a model relief map. She suggested street grids and a legend, possibly with braille, be included in the map. In response to Council Member Sniff, Ms. Swan stated it will take approximately one year to complete the bronze relief map. Council concurred to include street grids and a legend, and to enlarge the relief map to include the current City boundaries with the original incorporation area marked. Tom Doczi, Landscape Architect with TKD Associates, voiced concern about getting an artist involved with the bridge design, noting it may result in exceeding the budget and the timeframe may limit access to the island. He advised the engineer can be asked to provide different bridge designs for Council to consider and/or enhanced detail on the bridge abutments can be done. He added that one of the bridge cross members could be eliminated and artwork set into the structure. Council Member Henderson commented on the possibility of using fiber optic lighting on the railing. After a brief discussion, Council concurred to direct staff to issue a new RFQ without the bronze relief map and bridge railing enhancements, and change the linear water feature to a water spray feature (geyser) in the lake. Council concurred to take public comment on Business Session Item No. 5 at this time. 5. CONSWERATION OF COMMUNITY SERVICES GRANT REQU Kajsa Thur en Frary, Director of Education for the Mc m Theatre, spoke about the va of the Aesthetic Education Progr and asked Council to approve the gran quest. Trice Healy, 54-455 Ei hower Dr' also urged support for the Aesthetic Education Program. Rosita Shamis, 78-0 el MonteNurt, reported the total cost for 12 teachers to participate j90fie Aesthetic Edu ion Program is $8,430. The School District ?anot'!alance ng $4,215 and Truman E entary School wishes to redirect the school of $2,000 to this prog .. She asked Council to approve ATTACHMENT 2 Bronze Relief Map Proposal Addendum Civic Center Campus Project City of La Quinta Proposal Submitted by Sandy Swan 12 June 00 �JJ 007 This addendum is a follow-up to the original proposal for the Bronze Topo- graphical Relief Map, which was submitted on 3 April 00, and considered at the City Council meeting on 2 May 00. The addendum presents a second proposal for a bronze relief map covering all incorporated areas of La Quinta through April 1993. It also includes complete price quotes for both bronze sizes, including label- ling, Braille legend, and installation. 008 i y t Review As requested in the original RFQ, the Bronze Topographical Relief Map will show the original boundaries of incorporation for La Quinta in 1982. In Proposal #1, the map measures 34" wide x 24" deep x approx. 7" at the highest peak (upper Bear Creek Canyon). Area represented has cove street grid almost centered in the bronze, with Highway 111 bordering the right (North) edge and Jefferson Street on the bottom (East) edge. Braille legend panel measures 34" wide x 5" deep. Proposal #2 would include the 8 additional annexations to the City, through April 1993. This increases the size of the bronze to 42" x 32" x approx. 7-1 /2" tall. Cove street grid would shift up and to the left, Hidden River Road (North of Darby) becomes the right/North boundary, with Jackson Street on the bot- tom/East edge. Braille panel would increase in size to 42" wide x 7" deep, to accomodate additional text. Base style for either proposal is a b" diameter steel pipe post, permanently bolted to the concrete pad. This installation method allows the most room for close wheelchair access to the bronze. Proposal #1 (1982 Incorporation Boundaries) ESTIMATE Create pattern; construct topographical model (approx. size 34" x 24" x 7"); basic integral legend approx. 4" x b" (including "You are Here", horizontal and vertical scales, date of city's incorporation, 1982 population); 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: $4800 (plus tax) 0 _01 401_pill LVI� Include the following features on relief map - - Major streets - Highway 111, Washington St., Jefferson St., Eisenhower Ave., old Avenue 52, Ave. 50, Ave 48 • Cove area street grid (no street names) • Label major streets (above) and geographical features (Mt. Eisenhower, Indio Mtn, Bear Creek Canyon, Lake Cahuilla) with both raised letters and Braille initials. Additional Labor/Materials: $935 (plus tax) Include Braille Legend Panel 34" x 5" • Panel text will identify sites labelled with initials on relief map. One-third of panel will be raised letters, two-thirds will be Braille text. Legend Panel: $735 (plus tax) Casting: $1095 (plus tax) INSTALLATION: Installation of Bronze Relief Map and Braille legend panel on 32" high steel post, top plate 34" x 24", legend panel 34" x 5". Steel base plate (1 /4" thick), will be bolted permanently to concrete pad. Bolts can be rounded or welded to prevent theft of sculpture. Bid amount includes template for bolt pattern, mounting bolts, painted finish on pedestal base (color to be discussed), attaching relief map to base, and labor for installation at campus site. Bid does not include any concrete work, setting of mounting bolts in concrete pad, fees or permits if required. Steel Post Base and Installation Labor: $1145 (plus tax) * (Powdercoat Option on Base: $295 (plus tax)) 04 , 4 4- 01 Imis OF --NTNE DESERT ANNBStAMON • SSGA74D AAv. r LdWm S,w 1W. AA. er r.wr C.1 C...A rr.r. yr.rr— .,.._ itw M111 3142 W SP.P 1.9% Lf11 112-6 616 1 PGA v. I.r11 1.111 ♦m. r.« 1 b— .eA>< of 3.1.0 MIS NR r1"A...: i.r A111.� ft - .0 SSr ♦f-0 wa S f.rrSrA. r..r A.br f.. 1.n Iw wo r "*.thaw." Ow.z f. r Sr. .S. 11• NSHt n-n 1 vm O. ai 6.r.Y van .Y f.. .4M 93-11 � 140.43 12-M R4) r f.rrArh—f wr— r. r "r+r w w..r 7.00 1.911.1 wlr 1DfAl .11.10 n.W." Avenue 58 ;z Avenue 60 Sphert of Influence : q ... ��013 Proposal #2 (Original Incorporation boundaries plus annexations through 1993) ESTIMATE: Create pattern; construct topographical model (approx. size 42" x 32" x 7-1 /2"); basic integral legend approx. 4" x 6" (including "You are Here", horizontal and verti- cal scales, date of city's incorporation, 1982 population); apply finish topcoat; delivery to chosen foundry for casting process; pick up finished bronze; delivery to La Quinta for installation. Bid amount: $19,425 (plus tax) Casting: $7975 plus tax) ADDENDUM: Include the following features on relief map - • Boundaries of 8 additional annexation areas. • Major streets - Highway 111, Washington St., Jefferson St., Madison St., Monroe St Eisenhower Ave., old Avenue 52, Ave. 50, Ave 48, Fred Waring Dr., Darby Rd. • Cove area street grid (no street names) • Label major streets (above) and geographical features (Mt. Eisenhower, Indio Mtn, Bear Creek Canyon, Lake Cahuilla) with both raised letters and Braille initials. Additional Labor/Materials: $1185 (plus tax) Include Braille Legend Panel 42" x7" • Panel text will identify sites labelled with initials on relief map, and dates of 8 sub- sequent annexations. One -quarter of panel will be raised letters, three-quarters will be Braille text. Legend Panel: $785 (plus tax) Casting: $1675 (plus tax) INSTALLATION: Installation of Bronze Relief Map and Braille legend panel on 32" high steel post, top plate 42" x 32", legend panel 42" x 7". Steel base plate (1 /4" thick), will be bolted permanently to concrete pad. Bolts can be rounded or welded to prevent theft of sculpture. Bid amount includes template for bolt pattern, mounting bolts, painted finish on pedestal base (color to be discussed), attaching relief map to base, and labor for installation at campus site. Bid does not include any concrete work, setting of mounting bolts in concrete pad, fees or permits if required. Steel Post Base and Installation Labor: $1230 (plus tax) * (Powdercoat Option on Base: $295 (plus tax)) ry � 014 Summary PROPOSAL # 1 Bronze Relief Map (34" x 24" x 7") 11,825.00 Casting - Map 4800.00 Addt'I Labor/Materials 935.00 Braille Legend (34" x 511 ) 735.00 Casting - Legend 1095.00 Mounting Base and Installation Labor 1145.00 SUBTOTAL 20,535.00 TAX 1591.46 TOTAL 22,126.46 PROPOSAL #2 Bronze Relief Map (42" x 32" x 7-1 /2") 19,425.00 Casting - Map 7975.00 Addt'I Labor/Materials 1185.00 Braille Legend (42" x 7") 785.00 Casting - Legend 1675.00 Mounting Base and Installation Labor 1230.00 SUBTOTAL 32, 275.00 TAX 2501.31 TOTAL 34, 776.31 * Powdercoat option not included in prices above Add $295.00 (plus tax) for Proposal #1 or #2 015 PAYMENT SCHEDULE: 35% deposit on project approval 35% progress payment upon completion of base model 30% plus any changes/modifications on completion of contract TIME SCHEDULE: Base Model: approx. 180 days for 34" x 24" approx. 240 days for 42" x 32" Casting: approx. 90-120 days, either size Installation: 1-2 days (pending completion of concrete work) NOT INCLUDED: Sales tax; any city fees or permits; inspection fees, engineering fees (if needed). Changes and/or modifications to this proposal will entail additional charges. COPYRIGHT: As artist, Sandy Swan retains copyright to the bronze. Original model and casting mold are the property of the artist. Casting prices quoted in this proposal are good through 31 August 2000. Base/Installation prices are good through 15 July 2000. All other prices good through 31 December 2000. 'q •y Ovl�� Considerations • Include Desert Club, La Quinta Hotel, Hacienda del Gato, original City Hall? • Check City maps to verify south cove flood control, and correct street layout for 1982. • Situate bronze so that north on the map corresponds to true north. • Position bronze with a clear view of the surrounding mountains. • Provide trees or shade structure to shade the bronze. Metal surface will get hot in the sun. • Install away from sprinklers, if possible, to eliminate white mineral stains from water standing on bronze surface. Suggestions This project, as described in the RFQ, is for a bronze topographical relief map show- ing the original boundaries of the 1982 incorporation. The bronze will be installed in the Historical Plaza of the Campus Project. Proposal #1 best satisfies the historical requirements of the RFQ, but does not recognize the incredible growth La Quinta has experienced. Proposal #2 shows that growth, but de-emphasizes the historical aspect. In keeping with the historical focus, I would recommend Proposal #1 as the solution for this particular project. However, Proposal #2 should be considered as a sepa- rate, future project. Since the additional areas of incorporation are basically flat, this could also be presented very effectively as a wall mural. The individual areas of annexation could be cast as separate bronze pieces, and assembled much like a vertical jigsaw puzzle. The information could be presented in a much larger format, and residents could watch the map change as La Quinta grows. 240 017 ATTACHMENT 3 ART PURCHASE AGREEMENT THIS ART PURCHASE 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 SANDY SWAN ("Artist"). RECITALS A. The CITY is currently constructing the Civic Center Campus. The CITY is commissioning the fabrication and installation of certain ARTWORK (the "Artwork") to be installed and displayed at the SITE LOCATION which is located on the Civic Center Campus, at the southwest corner of Calle Tampico and Washington (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 Scope of Design Services. 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 the Artist's obligations pursuant to this Agreement. 1.2 Scope 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 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. The Artist 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, 23 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 S:\Community Services\CCReports\CC.049.wpd 019 represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services (Exhibit A). Artist shall at all times 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 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 Artist shall perform all work necessary to obtain approvals from the authorities mentioned above without additional cost to the City. 1.3 Change 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. 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 and Artist before commencement of said revised work. 1.4 Post -Fabrication Services. a. The 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. 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. 1.5 Post -Installation. a. The Artist shall be available at such reasonable time or times as may be agreed between the City and Artist to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork. b. The City shall use reasonable efforts to arrange for publicity for the completed Artwork by local media and publications, and otherwise as may be determined between 2 J , the City and Artist as soon as practicable following installation. i 020 S:\Community Services\CCReports\CC.049.wpd C. Upon installation of the Artwork, the Artist shall provide the City with written instructions for appropriate maintenance and preservation of the Artwork. 1.6 Final Acceptance. a. The Artist shall advise the City in writing that the Artwork will become the responsibility of the City on the effective date of completion of the project and the acceptance as complete by 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 Artist with reasonably specific written objections to the installed Artwork or notify the Artist 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 filing of the Notice of Completion. 1.7 Risk of Loss. Upon receipt of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by the City. 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 Notice of Completion is made by the City. 1.8 Title. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall remain with the Artist 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. Artist does agree to punctually and diligently perform all their obligations under this Agreement. It is further understood and agreed that should the Artist fail to furnish the labor, materials, equipment, and or services, to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Artist 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 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 may, at its option, after giving twenty-four (24) hours written notice to Artist, provide any such labor and materials as may be necessary and deduct the cost thereof from any money then due or thereafter to become 2 J due to Artist under this Agreement; or the City and may at its option, terminate the Artist's right to proceed with the work and, in that event, the City shall have the right to enter upon the Artist's S:\Community Services\CCReports\CC.049.wpd 0 2 1 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 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 in finishing Artist's work, such excess shall be paid by the City to the Artist, but if such expense shall exceed such unpaid balance, then Artist shall promptly pay to the City the amount by which such expense shall exceed such unpaid balance. The expense incurred by the City as herein provided, either for furnishing materials or for finishing the work, and any damages incurred by the City by reason of Artist's default, shall be chargeable to, and paid by Artist, and the City shall have a lien upon all materials, tools, and appliances, taken possession of, as aforesaid, to secure the payment thereof. If the City elects not to terminate Artist's right to proceed, Artist agrees to reimburse the City fo r 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, 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 shall approve such action and certify the amount thereof to be charged to Artist. ARTICLE III. WARRANTIES 3.1 Title. 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, 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. 3.2 Quality and Condition. The Artist represents and warrants, except as otherwise disclosed to the City 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 hereunder. The warranties described in this Section 3.2 shall survive for a period of one (1) year after the Acceptance of the Artwork, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from after Acceptance of the Artwork. The City shall give notice to the Artist of any observed and claimed breach with reasonable promptness. The Artist shall, at the request of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranty which is curable by the Artist and whic h cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork). J 0 22, S:\Community Services\CCReports\CC.049.wpd 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 by any person claiming under Artist. 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 et se ., 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 at such time as Final Acceptance by the City at which time the City alone map approve. The Artist grants to the City, and its agents 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 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 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 City shall, at its expense, prepare and install at the Site, 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. 6.3 Repairs and Restoration. 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 and the Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon the Artist's fee for such ti J services. No fees shall be paid to Artist for repair or restoration due to a breach of the S:\Community Services\CCReports\CC.049.wpd 023 representations and warranties set forth herein. b. All repairs and restorations shall be made in accordance with recognized principles of conservation. 6.4 Maintenance and Alteration of the Artwork. a. The City shall maintain the Artwork in a manner that the City determines appropriate in its sole discretion. b. The City 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, Artis t shall have the right to direct the City 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 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. The Artist shall not: a. be supervised by any employee or official of the City; b. exercise supervision over any employee or official of the City; C. have authority to contract for or bind the City in any manner; or represents 5Pr itself as an agent of the City; or otherwise be authorized to act for or on behalf of the City; S:\Community Services\CCReports\CC.049.wpd 0 2 4 d. have status as the City's employees or have any right to any benefits that the City 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 under this Agreement may be assigned to a financial institution without approval. ARTICLE IX. TERMINATION The City 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 term s 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 to Artist ("Termination for Default"), or (b) at any other time in the sole and absolute discretion of the City ("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 so much thereof or has then been completed, shall be transferred to and shall belong to the City. In such event and upon Artist's written request, the City shall remove Artist's name from the Artwork. Upon a Termination for Default and subject to Article 2.1, 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 City with reasonable substantiation for such costs. Notwithstanding anything else herein contained, Artist shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Artist, and the City may reasonably withhold payments to the Artist until such time as the exact amount of such damages is determined. ARTICLE X. CONTRACTOR ADMINISTRATOR The Contract Administrator for this Agreement shall be the City Community Services 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 Services Director shall represent and act for the City. ARTICLE XI. NON-DISCRIMINATION In carrying out the performance of the services designated, the Artist and the City Jr shall not discriminate as to race, color, creed, religion, marital status, national origin or ancestry, 0 and the Artist shall comply with the equality of employment opportunity provisions of State and 025 S:\Community Services\CCReports\CC.049.wpd local laws and regulations as presently existing or hereafter amended. ARTICLE XII. ENTIRE AGREEMENT This Agreement, consisting of 17 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 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. 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 aq J y Artist, and their respective heirs, personal representatives, successors and permitted assigns. AM S:\Community Services\CCReports\CC.049.wpd 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 Services Director b. if to the Artist, to: Sandy Swan 78-725 Avenida La Fonda La Quinta, CA 92253 ARTICLE XVIII. INDEMNITY With respect to acts, errors or omissions in the performance of Artist's obligations hereunder, 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 Artist's (including its subcontractors, agents, employees, assigns or licensees) negligent and/or willful acts, errors or omissions in the performance of Artist'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 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 Artist shall maintain 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- J policy or policies (or the renewal or replacement thereof) reasonably acceptable to the City. Artist 027 S:\Community Services\CCReports\CC.049.wpd shall not proceed with any work nor receive payment under this Agreement until, among other things, the City has received the appropriate insurance certificates. 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 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 Quinta. " Prior to commencing any work under this Agreement, 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. 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 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 Artist may be held responsible for payments of damages to persons or property resulting from 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. Z - j 20.2 Whenever in the specifications any materials or process is indicated or specified 028 S:\Community Services\CCReports\CC.049.wpd 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 Artist shall offer any substitute in said proposal or if a substitute so offered by 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 Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by the City. 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: CITY OF LA QUINTA, a California municipal corporation THOMAS P. GENOVESE, City Manager 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 ARTIST: 2 _" o V SANDY SWAN 029 S:\Community Services\CCReports\CC.049.wpd EXHIBIT A SCOPE OF DESIGN BUILD SERVICES SCOPE OF WORK 1. 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. Artist is 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. 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 Artist's negligence or failure to keep the City informed of scope variances in a timely manner shall be charged to the Artist. 4. 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 if deemed necessary. 5. Artist's design and specifications shall be subject to approval by the City and its consultants. II. GENERAL ITEMS OF INCLUSION: 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 prior to the installation of such work. 3. Artist is responsible for all repairs or replacement of any existing property or work which is damaged as a result of the performance of the work under this Agreement. 261 4. Artist shall provide all unloading, hoisting, scaffolding, and bracing for the 030 S:\Community Services\CCReports\CC.049.wpd 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. III. SPECIFIC ITEMS OF INCLUSION (To be defined by City Council direction. Additional information may be included per Council direction.) 1. The Artwork consists of a 2. The Artwork is feet to the feet to and _ feet to the 3. The Artwork is to be located on the Civic Center Campus (on the southwest corner of Calle Tampico and Washington Street) in the historical plaza, as outlined on the Master Plan for the project. 4. It is a relief piece with detail only on one side. 5. The entire Artwork is to be constructed out of 6. It will not be polished, but allowed to let the acid rain and natural environment create the effect on the metal. 031 S:\Community Services\CCReports\CC.049.wpd EXHIBIT B SCHEDULE OF PERFORMANCE SCHEDULING: (Additional milestones may be added, per City Council direction). The project will take approximately Artwork. Work will commence during the month of by REVIEWS: months to complete the fabrication of the 2000, and completed and installed There may be one review by the Cultural Arts Commission of the work in progress if the Commission deems it necessary to be conducted prior to the installation of art feature. 032 S:\Community Services\CCReports\CC.049.wpd EXHIBIT C SCHEDULE OF COMPENSATION PRICE: Basic Contract: $ Total Not to Exceed $ SCHEDULE OF PAYMENTS: First payment due upon project approval (25 % of the project) $ Second payment due upon completion of 50 % of the project $ Third payment due upon 75 % completion of the project $ Final payment due upon filing of the Notice of Completion for the project $ 264 033 S:\Community Services\CCReports\CC.049.wpd EXHIBIT D NOTICE OF COMPLETION FOR ARTWORK Piece of Artwork: Bronze Relief Map WHEREAS, by that certain Art Purchase Agreement dated 12000 ("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation (the "City") contracted with SANDY SWAN ("Artist") to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, the City shall furnish 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. NOW, 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 City has executed this certificate this day of , 2000. CITY OF LA QUINTA, a California municipal corporation by: 034 r., S:\Community Services\CCReports\CC.049.wpd COUNCIL/RDA MEETING DATE: ITEM TITLE: Consideration of the Community Services Commission work Plan RECOMMENDATION: June 20, 2000 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Community Services Commission's 2000/01 Work Plan. FISCAL IMPLICATIONS: Fiscal commitments will be minimal and based on projects undertaken by the Community Services Commission per the approved Work Plan. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Community Services Commission, at its June 12, 2000 meeting, approved the final draft of the 2000/01 Work Plan (Attachment 1) and is submitting the Work Plan for City Council consideration and approval. A redline version (Attachment 2) of the changes made from the 1999/00 Community Services Commission Work Plan and incorporated into the 200/01 Work Plan is provided as a reference. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Community Services Commission's 2000/01 Work Plan; or 2. Do not approve the Community Services Commission's 2000/01 Work Plan; or 3. Provide staff with alternative direction. 26� Ily jubmitted, ie Ho Attachments: Community Services Director Approved for submission by: Thomas P. Genovese, City Manager 1. Community Services Commission 2000/01 Work Plan 2. Redline Version of the Community Services Commission 1999/00 Work Plan (in part) S:\Community Services\CCReports\CC.052.wpd 26 002 ATTACHMENT 1 City of La Quinta Community Services Commission Work Plan 2000-2001 Approved by City Council on , 2000 268 004 Community Services Commission Work Plan July 2000 COMMUNITY SERVICES COMMISSION PHILOSOPHY The general purpose of the Community Services Commission is to encourage the development of a planned and orderly approach to the delivery of leisure and community services in the City. The objectives of the Commission are to: ♦ Serve in an advisory capacity to the City Council on identifying matters pertaining to recreation and community services ♦ Communicate the availability of services to citizens through both private and public resources to avoid duplication and conflict of effort ♦ To evaluate the effectiveness of services provided ASSIGNMENT ITEMS: PAGE Community Services/Recreation 2 Park Development 3 Liaison To The Community 4 Community Unity 5 Safety 6 Advisory Body To City Council 7 1 ,, 260" 005 Community Services Commission Work Plan July 2000 Task: Community Services/Recreation Completion Date: On -going Participants: Commissioners Suggested Resources: Leisure and Recreation Program Providers Steps To Completion ♦ Work with Community Services Director on community service issues Staff Time: One to two hours per month, depending on issues Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council Council Role: Provide approval for Commission to fulfill this assignment Reference: Chapter 2.95.040 (a)(1): Analyze community service's program effectiveness and needs, and recommend comprehensive solutions Chapter 2.95.040 (a)(8): Propose recreation and social programs (14): Make recommendations to the City Council relating to the need for evaluation and planning of the community service delivery system (18): Evaluate and make recommendations concerning existing services with regard to service overlap or gaps. K 2 '10 Community Services Commission Work Plan Task: Park Development Completion Date: On -going Participants: Commissioners July 2000 Suggested Resources: Park and Recreation Master Plan, La Quinta General Plan Steps To Completion: ♦ Review and comment on Parks and Recreation Master Plan annually ♦ Review Trails Master Plan ♦ Review proposed Park Development projects Staff Time: 2-10 hours per week Fiscal Commitment: Pursuant to projects Staff Role: Provide support and liaison to the City Council Council Role: Include the Commission in the design and development process, screening and selection of professional firms, and conduct public hearings. Review and consider Commission recommendations Reference: Chapter 2.95.040(a)(3):Prepare and maintain community services master plans (5): Serve as a public forum and conduct public hearings for recreation and human services concerns (11): Review individual park master plans for recommendation to City Council 3 2 007 Community Services Commission Work Plan July 2000 Task: Liaison To The Community Completion Date: On -going Participants: Commissioners Suggested Resources: Community Services Department Program Brochure, Chamber of Cornme , Mainstreet Marketplace, i=a Qua -Post, Chamber of Commerce Newsletter, Desert Sands Unified School District, other community agencies and organizations Steps To Completion: ♦ Monitor, review and promote recreation and leisure programs in La Quinta ♦ Attend: Mayor's Luncheon; Senior Center Functions; Chamber Functions; Mainstreet Marketplace; school board meetings, and other agency meetings ♦ Report on Commission actions, conduct public forums to gather opinion, upon Council approval Staff Time: One to two hours per month Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with specific methods as to how to best represent the Council. Reference: Chapter 2.95.040 (a)(12) Aid in coordinating the recreation services of other governmental agencies and volunteer organizations (13) Make recommendations to the City Council on community issues 4 008 Community Services Commission Work Plan Task: Community Unity Completion Date: On -going Participants: Commissioners July 2000 Suggested Resources: Community Resources and Agencies Staff Time: 50-80 hours per event Fiscal Commitment: $1,400 Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with direction/comment Reference: Chapter 2.95.040 (a)(17):Foster mutual understanding and respect among racial, religious, cultural and nationality groups 5 2 i 009 Community Services Commission Work Plan Task: Safety Completion Date: On -going July 2000 Participants: Commissioners Suggested Resources: Cachet kits, brochures, pamphlets, ASTM Standard Consumer Safety Performance Specifications for Play Equipment for Public Use Steps To Completion: ♦ Encourage participation in American Red Cross, ARC Youth Program, CVAG, LQ Fire Dept., Volunteers for Increased Public Safety (VIPS) and other local services ♦ Provide information to residents on available services ♦ Provide Disaster Preparedness Information ♦ Review and update list of emergency personnel who could be called upon in an emergency ♦ Promote safe facilities Staff Time: One to two hours per month Fiscal Commitment: None Staff Role: Advise Commission of meetings and provide support and liaison to the Community Safety Manager Council Role: Provide approval for Commission to fulfill this assignment Reference: Chapter 2.95.040 (a)(16): Encourage and promote understanding and cooperation between the public safety agencies and the residents. Chapter 2.95.040 (10): Review parks maintenance standards and quality. ,, 7 r, 010 0 Community Services Commission Work Plan July 2000 Task: Advisory Body to City Council Completion Date: On -going Participants: Commissioners Suggested Resources: To Be Determined Steps To Completion: ♦ Be actively involved in City issues and concerns ♦ Receive direction from City Council and take action as directed, accept assignments ♦ Maintain communication with the City Council ♦ Attend annual training workshops, schools and conferences to improve Commissioner performance ♦ Provide annual work plan for Council review, comment and approval ♦ Review grant opportunities and make recommendations for funding to the City Council Staff Time: 4-6 hours per month Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with specific direction as to how to better assist the Council. Provide opportunities to meet with Council through joint meetings. Reference: Chapter 2.95.020 (a): to serve as an advisory capacity to the City Council; 2.95.040 (a)(4): receive and act on all assignments made by City Council: 2.95.040 (a)(5) Serve as a public forum and conduct public hearings for recreation and human service concerns; 2.95.060 (C): The City Council shall periodically review the progress of the Commission 2.95.040 (a)(2): Make recommendations to the City Council for research and solicitation of grants and donations. 2 "1 0 Oil ATTACHMENT 2 Community Services Commission Work Plan July 2000 COMMUNITY SERVICES COMMISSION PHILOSOPHY The general purpose of the Community Services Commission is to encourage the development of a planned and orderly approach to the delivery of leisure and community services in the City. The objectives of the Commission are to: ♦ Serve in an advisory capacity to the City Council on identifying matters pertaining to recreation and community services ♦ Communicate the availability of services to citizens through both private and public resources to avoid duplication and conflict of effort ♦ To evaluate the effectiveness of services provided ASSIGNMENT ITEMS: PAGE Community Services/Recreation 2 Park Development 3 Liaison To The Community 4 Community Unity 5 Safety 6 Advisory Body To City Council 7 1 2` c 012 Community Services Commission Work Plan July 2000 Task: Community Services/Recreation Completion Date: On -going Participants:. Commissioners Suggested Resources: Leisure and Recreation Program Providers Steps To Completion ♦ Work with Community Services Director on community service issues Staff Time: One to two hours per month, depending on issues Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council Council Role: Provide approval for Commission to fulfill this assignment Reference: Chapter 2.95.040 (a)(1): Analyze community service's program effectiveness and needs, and recommend comprehensive solutions Chapter 2.95.040 (a)(8): Propose recreation and social programs (14): Make recommendations to the City Council relating to the need for evaluation and planning of the community service delivery system (18): Evaluate and make recommendations concerning existing services with regard to service overlap or gaps. 2 2` 6 013 Community Services Commission Work Plan Task: Completion Date: Participants: Park Development On -going Commissioners July 2000 Suggested Resources: Park and Recreation Master Plan, La Quinta General Plan Steps To Completion: ♦ Review and comment on Parks and Recreation Master Plan annually ♦ Review Trails Master Plan ♦ Review proposed Park Development projects Staff Time: 2-10 hours per week Fiscal Commitment: Pursuant to projects Staff Role: Provide support and liaison to the City Council Council Role: Include the Commission in the design and development process, screening and selection of professional firms, and conduct public hearings. Review and consider Commission recommendations Reference: Chapter 2.95.040(a)(3):Prepare and maintain community services master plans (5): Serve as a public forum and conduct public hearings for recreation and human services concerns (11): Review individual park master plans for recommendation to City Council 3 014 Community Services Commission Work Plan July 2000 Task: Liaison To The Community Completion Date: On -going Participants: Commissioners Suggested Resources: Community Services Department Program Brochure, Mainstreet Marketplace, Chamber of Commerce Newsletter, Desert Sands Unified School District, other community agencies and organizations Steps To Completion: ♦ Monitor, review and promote recreation and leisure programs in La Quinta ♦ Attend: Mayor's Luncheon; Senior Center Functions; Chamber Functions; Mainstreet Marketplace; school board meetings, and other agency meetings ♦ Report on Commission actions, conduct public forums to gather opinion, upon Council approval Staff Time: One to two hours per month Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with specific methods as to how to best represent the Council. Reference: Chapter 2.95.040 (a)(12) Aid in coordinating the recreation services of other governmental agencies and volunteer organizations (13) Make recommendations to the City Council on community issues 0 2•1, 015 Community Services Commission Work Plan Task: Community Unity Completion Date: On -going Participants: Commissioners July 2000 Suggested Resources: Community Resources and Agencies Steps To Completion: ♦ Conduct Community Youth Workshop to gather input from the community regarding current programs ♦ Encourage participation in recreational, cultural, social, educational, health related and safety programs ♦ Conduct the Community Picnic and include the City Of La Quinta's"Birthday" Celebration the weekend closest to May 1 of each year Staff Time: 50-80 hours per event Fiscal Commitment: $1,400 Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with direction/comment Reference: Chapter 2.95.040 (a)(17):Foster mutual, understanding and respect among racial, religious, cultural and nationality groups 5 016 Community Services Commission Work Plan July 2000 Task: Safety Completion Date: On -going Participants: Commissioners Suggested Resources: Cachet kits, brochures, pamphlets, ASTM Standard Consumer Safety Performance Specifications for Play Equipment for Public Use Steps To Completion: ♦ Encourage participation in American Red Cross, CVAG, LQ Fire Dept., Volunteers for Increased Public Safety (VIPS) and other local services ♦ Provide information to residents on available services ♦ Provide Disaster Preparedness Information ♦ Review and update list of emergency personnel who could be called upon in an emergency ♦ Promote safe facilities Staff Time: One to two hours per month Fiscal Commitment: None Staff Role: Advise Commission of meetings and provide support and liaison to the Community Safety Manager Council Role: Provide approval for Commission to fulfill this assignment Reference: Chapter 2.95.040 (a)(16): Encourage and promote understanding and cooperation between the public safety agencies and the residents.. Chapter 2.95.040 (10): Review parks maintenance standards and quality. 6 017 Community Services Commission Work Plan July 2000 Task: Advisory Body to City Council Completion Date: On -going Participants: Commissioners Suggested Resources: To Be Determined Steps To Completion: ♦ Be actively involved in City issues and concerns ♦ Receive direction from City Council and take action as directed, accept assignments ♦ Maintain communication with the City Council ♦ Attend annual training workshops, schools and conferences to improve Commissioner performance ♦ Provide annual work plan for Council review, comment and approval ♦ Review grant opportunities and make recommendations for funding to the City Council Staff Time: 4-6 hours per month Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with specific direction as to how to better assist the Council. Provide opportunities to meet with Council through joint meetings. Reference: Chapter 2.95.020 (a): to serve as an advisory capacity to the City Council; 2.95.040 (a)(4): receive and act on all assignments made by City Council: 2.95.040 (a)(5) Serve as a public forum and conduct public hearings for recreation and human service concerns; 2.95.060 (C): The City Council shall periodically review the progress of the Commission 2.95.040 (a)(2): Make recommendations to the City Council for research and solicitation of grants and donations. 7 018 T4ty,i 4 4QuArw COUNCIL/RDA MEETING DATE: June 20, 2000 ITEM TITLE: Consideration of an Award of Contract to Construct the Phase VI A, B, C, D Improvements, Project No. 98-19, Within Assessment District 2000- 1 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council authorizing appropriations, establishing a loan from the City of La Quinta to the La Quinta Redevelopment Agency, making certain findings, and awarding a contract for Phase VI A, B, C, and D Improvements, Project No. 98-19 within Assessment District 2000-1. The following table summarizes the proposed construction (based upon the actual low bid) and various support costs: Description 98-19 A&B, Prototypical Street 98-19 C 98-19 D Totals Construction $ 4,425,431 $ 1,41 1,674 $ 977,232 $ 6,814,337 Inspection/Testing/Survey $ 342,971 $ 109,405 $ 75,735 $ 528,111 Construction Management $ 442,543 $ 141,167 $ 97,723 $ 681,433 Administration $ 221,272 $ 70,584 $ 48,862 $ 340,718 Contingency $ 543,222 $ 173,283 $ 119,955 $ 836,460 Total $ 5,975,439 $ 1,906,113 $ 1,319,507 $ 9,201,059 iw 4 h T:\PWDEP-r\COUNCIL\2000\000620b.wpd The following table summarizes the various revenue sources available to these projects: *Revenue Sources Village Dev/ Prototypical Street 98-19A 98-19B 98-19C 98-19D Totals RDA PA#1 $ 921,307 $1,901,405 $1,459,420 $ 0 $ 0 $ 4,282,132 Village Parking Dist. $ 0 $ 29,236 $ 0 $ 0 $ 0 $ 29,236 Trans DIF (sound wall) $ 0 $ 0 $ 0 $ 0 $ 145,827 $ 145,827 RDA PA#2 $ 0 $ 0 $ 0 $ 1,260,076 $ 792,131 $ 2,052,207 CVWD $ 0 $ 355,841 $1,193,100 $ 54,230 $ 0 $ 1,603,171 Fed Assist (CDBG) $ 0 $ 0 $ 100,000 $ 0 $ 0 $ 100,000 Asses. Dist $ 0 $ 273,062 $ 886,398 $1,374,730 $ 272,506 $ 2,806,696 Total $ 921,307 $ 2,559,544 $ 3,638,918 $ 2,689,036 $1,210,464 $11,019,269 There is sufficient funding for these projects; however, there are restrictions placed upon the various funding sources limiting their use to a particular construction category. *Revenue source amounts reflect current account balances plus recommended additional appropriations. None. These improvements are being partially funded by RDA funds and therefore must be bid specifying prevailing wage requirements. Therefore, there are no Charter City impacts. On July 7, 1998, the City Council approved the Fiscal Year 1998/1999 through 2002/2003 Five -Year CIP. As part of this program, the Phase VI Improvements were identified as follows: Phase VI A - Village Commercial Area Phase VI B - Cove Area Phase VI C - Westward Ho Phase VI D - Sagebrush, Bottlebrush, and Saguaro The City Council also approved the project entitled "Village Development" which is the completion of a prototypical street (Calle Estado). i 'I T:\PWDEPT\COUNCIL\2000\000620b.wpd 002 On February 15, 2000, the City Council adopted a Resolution of Intention to order the construction of certain improvements and to form Assessment District No. 2000-1 (Phase VI Improvements) for the public sewer facilities; and preliminarily adopted the Engineer's Report appointing the time and place for hearing protests; and approved project plans and specifications and authorized staff to bid the Phase VI Improvements project. On March 7, 2000, the City Council approved an agreement for installation of domestic water improvements within Assessment District 2000-1, Phase VI Improvements, Zones, A, B, and C. The Agreement provides that CVWD must approve the bids for the domestic water installation prior to award. As of the date of this report, CVWD is in the final stages of its decision on whether to proceed with the domestic water improvements. The bid openings for construction improvements occurred prior to the April 18, 2000 proposed Public Hearing and Ballot Count. This was to provide actual numbers and to verify the estimate utilized in the Engineer's Report that establish assessments. The bid is structured so the City Council may award all or parts of the bid, or may reject all bids. The projects were advertised for bid and were opened Wednesday, April 12, 2000. The following table summarizes total bids by area and contractor. The details for all bids by contractor are available for review within the Public Works Department. AREA Granite Yeager Riverside Matich Area A & B, Prototypical Street $ 4,425,431 $ 4,728,409 $ 4,690,802 *No Bid Add Alt. #1 $ 92,124 $ 101,336 $ 82,912 *No Bid Add Alt. # 2 $ 289,558 $ 424,067 $ 471,708 *No Bid Area C $ 1,411,674 $ 1,577,620 $ 2,088,042 $1,869,000 Area D $ 943,432 $ 1,083,282 $ 1,168,460 $1,163,000 Add Alt. #1 $ 91,000 $ 38,480 $ 156,000 $213,200 TOTAL $ 7,253,219 $ 7,953,194 $ 8,657,924 $3,245,200 Additive alternate # 1 included in Area A & B bid documents, requested a unit price to install additional 5.5' wide common concrete sidewalk at additional locations within the improvement area. Due to funding constraints, this item is not being recommended for award. Additive alternate #2 included in Area A&B bid documents, requested a unit price to install enhanced paving sidewalks and cross walks at various locations throughout the 2 `} downtown area. Due to funding constraints, this item is not being recommended for award. T:\PWDEPT\COUNCIL\2000\000620b.wpd 003 Additive alternate #1 included within Project Area D requested a unit price to construct the sound wall adjacent to Washington Street, fronting Saguaro, Sagebrush, and Bottlebrush using special acoustical masonry units. This item is being recommended for award in place of base bid item 43 in the amount of $57,000. The bids have been structured to award each area separately (areas A, B, C, and D). If all areas are awarded and construction area begins concurrently in all areas, the following is the proposed schedule: City Council Award June 20, 2000 Notice to Proceed July 24, 2000 Project Completion March 2001 The original Assessment District 2000-1 was established to provide public sewers and the undergrounding of overhead utilities. The undergrounding of overhead utilities was proposed for Phase VI A - Village Commercial, Phase VI C - Westward Ho, and Phase VI D - Saguaro, Sagebrush, and Bottlebrush. The ballots indicated that the public sewers were approved in all areas; however, insufficient petitions were received to proceed with establishing an assessment district to place overhead utilities underground. Assessment District 2000-1 proceeded and was established without the assessment district for placing utilities underground. Prior to the April 18, 2000 ballot count, property owners in Phase VI A - Village Commercial completed a petition with approximately 53% of land area owners in favor of establishing an overlying assessment district for placing overhead utilities underground (this included approval by the RDA for the RDA properties affected). The City also received petitions from over 60% of the land area owners in Phase VI C - Westward Ho for establishing an overlying assessment district to place overhead utilities underground. During the June 6, 2000 City Council Meeting, City Council approved the Engineer's Report, approved the Notice of Intent, and approved the plans and specifications and authorized bids for the overlying Assessment District No. 2000-2 to place overhead utilities underground in Phase VI A - Village Commercial (modified) and Phase VI C - Westward Ho. Ballots are being mailed in June 2000 with the Public Hearing and ballot count scheduled for August 1, 2000 City Council Meeting. If the establishment of proposed Assessment District No. 2000-2 is successful and acceptable bids are received, schedules for Phase VI A - Village Commercial and Phase VI C - Westward Ho may change due to coordination efforts of placing overhead utilities underground with the other work proposed. 280" fm T:\PWDEPT\COUNCIL\2000\000620b.wpd The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council authorizing appropriations, establishing a loan from the City of La Quinta to the La Quinta Redevelopment Agency, making certain findings, and awarding a contract for Phase VI A, B, C, and D Improvements, Project No. 98-19 within Assessment District 2000-1; or 2. Do not adopt a Resolution of the City Council authorizing appropriations, establishing a loan from the City of La Quinta to the La Quinta Redevelopment Agency, making certain findings, and awarding a contract for Phase VI A, B, C, and D Improvements, Project No. 98-19 within Assessment District 2000-1; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vog Public Works Director/City Engineer Approved for submission by: •cam Thomas P. Genovese City Manager 287 T:\PWDEPT\COUNCIL\2000\000620b.wpd 005 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AUTHORIZING APPROPRIATIONS, ESTABLISHING A LOAN FROM THE CITY OF LA QUINTA TO THE LA QUINTA REDEVELOPMENT AGENCY MAKING CERTAIN FINDINGS, AND AWARDING A CONTRACT FOR PHASE VI A, B, C, AND D IMPROVEMENTS, PROJECT NO. 98-19 WITHIN ASSESSMENT DISTRICT 2000-1 WHEREAS, the activities of the La Quinta Redevelopment Agency (the "Agency") - Project Area No. 1 and 2 cause improvements to be done that are beneficial to both the City of La Quinta (the "City") and the Agency; and WHEREAS, current Agency - Project Area No. 1 and 2 revenues are of a limited nature, although additional future revenues would be forthcoming as development continues; and WHEREAS, the City desires that the Agency - Project Area No. 1 and 2 continues with such mutually beneficial improvements and particularly with the Phase VI A, B, C, and D Improvements, Project No. 98-19 within Assessment District 2000- 1 (the "Project"); and WHEREAS, the City has authority to provide a loan to the Agency as an investment under Government Code Section 53601 (d) and the City's Investment Policy; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: Section 1: The Project is hereby found to be categorically exempt under the California Environment Quality Act Sections 15301 & 15302 of the guidelines due to the fact that it consists of improvements, alterations, and reconstruction of existing public streets. Section 2: That portion of the Project be funded with Agency funds is of benefit to the Project Area No. 1 and 2 and no other reasonable means of financing such improvements are available to the community. Section 3: The attached Promissory Note with no specified repayment date and an interest rate of 10%, between the City and the Agency be approved in an amount not to exceed $1,500,000. 2 8 3 006 T:\PWDEPT\COUNCIL\2000\000620b.wpd Section 4: Authorize an appropriation of funds from the Village Parking District fund in the amount of $29,236, for parking improvements within Project Area A (Village Commercial). Section 5: Authorize an appropriation of $1,922,953 of RDA Project Area No. 1 funds to support construction of curb, gutter, street and storm drain improvements within Project Areas A, B and Prototypical Street. Section 6: Adopt a Resolution authorizing a loan from the City General Fund Reserves to the Agency Project Area No. 2 in the amount of $1,500,000 to support construction of improvements within Project Areas C and D. Section 7: Appropriate an additional $560,560 from RDA Project Area No. 2 Capital Improvement Program (CIP) Fund Reserve account (Account No. 245-300-290) to support construction of Project Area C curb, gutter, street and storm drain improvements. Section 8: Appropriate an additional $173,200 from RDA Project Area No. 2 CIP Fund Reserve account (account #245-300-290) to support construction of Area D curb, gutter, street and storm drain improvements. Section 9: Award a contract to Granite Construction Company in the amount of $4,054,844 to construct improvements including curb, gutter, street improvements, drainage improvements, and public sewer within Phase VI Project No. 98-19, Project Areas A, B, including enhancements to Calle Estado (Prototypical Street), within Assessment District 2000-1, contingent upon the sale of bonds. Section 10: Award a contract to Granite Construction in the amount of $370,587 to construct waterline replacements within Phase VI Project No. 98-19, Project Areas A and B contingent upon acceptance of the unit prices bid for the domestic water system improvements by the Coachella Valley Water District (CVWD). Section 1 1 : Award a contract to Granite Construction Company in the amount of $1,285,769 to construct improvements within Phase VI Project No. 98-19 Project Area C, within Assessment District 2000-1, contingent upon the sale of bonds. i. J 007 T:\PWDEPT\COUNCIL\2000\000620b.wpd Section 12: Award a contract to Granite Construction in the amount of $125,905 to construct waterline replacements within Phase VI Project No. 98-19 Project Area C contingent upon acceptance of unit prices for domestic water system improvements by Coachella Valley Water District (CVWD). Section 13: Award a contract to Granite Construction Company in the amount of $977,232 including additive alternate #1 (sound wall at Saguaro, Sagebrush, and Bottlebrush), to construct improvements within Phase VI Area D, Project No. 98-19, Within Assessment District 2000-1, contingent upon the sale of bonds. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council, held on this 20th day of June, 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 HONEYWELL, City Attorney City of La Quinta, California T:\PWDEPT\COUNCIL\2000\000620b.wpd 008 La Quinta Redevelopment Agency Project Area No. 2 PROMISSORY NOTE La Quinta, California June 20, 2000 FOR VALUE RECEIVED, the undersigned promises to pay to the order of the City of La Quinta, a municipal corporation, in lawful money of the United States of America, the principal sum of one million five hundred thousand ($1,500,000) together with interest per annum on the principal balance from time to time outstanding after the date hereof until paid in full. 1 . Maturity. The principal amount of this Promissory Note, together with any accrued but unpaid interest, shall be due and payable on no specific date. 2. Interest. Interest on the unpaid principal balance hereof from time to. time outstanding shall accrue at the rate of 10% per annum, commencing on the date hereof. 3. Prepayment. The undersigned, at its option, shall have the right to prepay this Promissory Note, in whole or in part, at any time and from time to time, without penalty, provided that such optional prepayment shall be credited first to accrued interest, if any, and then to unpaid principal. 4.1 The undersigned hereby waives presentment, protest, notice of protest, notice of dishonor and notice of nonpayment of this Promissory Note. 4.2 The undersigned promised to pay costs of collection, including attorneys' fees, whether or not suit is filed under any instrument or obligations evidence by this Promissory Note, upon the occurrence of a default hereunder. 4.3 The undersigned promises to perform and comply with each of the obligations of any and all of the undersigned set forth in every instrument evidencing this Promissory Note. 4.4 This Promissory Note shall be governed by and construed according to the laws of the State of California. 20 009 IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby, has duly executed this Promissory Note effective as of the day and year first written above. REDEVELOPMENT AGENCY OF THE CITY OF LA QUINTA, a public body, corporate and politic of the State of California 0 Its: ir9I'1 ►y l Tit�t " AGENDA CATEGORY: BUSINESS SESSION: COUNCIURDA MEETING DATE: June 20, 2000 CONSENT CALENDAR: ITEM TITLE: Consideration of Approval of Plans, STUDY SESSION: Specifications and Engineer's Estimate and Authorize Staff to Advertise CIP Project No. 98-18, Cove PUBLIC HEARING: Oasis/Lake Cahuilla Trailhead Improvements for Bid Approve the Plans, Specifications and Engineer's Estimate and authorize staff to advertise CIP Project No. 98-18, Cove Oasis/Lake Cahuilla Trailhead Improvements for bid. The following funding sources are available: Funding Source Account Number Amount RDA Project Area No. 1 CIP Fund 401-000-493-000 $200,000.00 TOTAL: $200,000.00 The following represents the Current Project Budget: Construction: $1 14,370.00 Design: $601130.00 Inspection/Testing: $15,500.00 Administration: $10,000.00 TOTAL: $200,000.00 .. 29� T:\PWDEPT\COUNCIL\2000\000620C.wpd The following represents the Engineer's Estimate (Attachment 1) of probable construction costs: Base Bid Area (Items 1-10): $1 18,200.00 Add Alternate 1 - Large Shade Shelter $28,000.00 Add Alternate 2 - Medium Shade Shelter $20,000.00 Add Alternate 3 - Small Shade Shelter $15,000.00 Add Alternate 4 - "Unisex" Restroom Building $25,000.00 Add Alternate 5 - Custom Water Feature $12,000.00 Add Alternate 6 - Custom Picnic Tables $16,200.00 Add Alternate 7 - Trash Receptacle $4,000.00 Add Alternate 8 - "Secondary" Trail Signs $17,600.00 Add Alternate 9 - Boulder Benches $5,200.00 Add Alternate 10 - Septic System $10,000.00 Subtotal: $271,200.00 Contingency (10%): $27,120.00 TOTAL: $298,320.00 The following represents the required budget to construct all improvements: Engineer's Estimated Construction Costs: Design (Previously Awarded): Inspection/Testing: Administration: Subtotal: Contingency: Total Anticipated Costs: $298,320.00 $ 60,130.00 $23,1 19.80 $14,916.00 $396,485.80 $39,648.58 $436,134.38 291 T:\PWDEPT\COUNCIL\2000\000620C.Wpd 002 The following represents an estimate of the Base Bid Area: Engineer's Estimated Construction Costs: $1 18,200.00 Design (Previously Awarded): $60,130.00 Inspection/Testing: $9,160.00 Administration: $5,910.00 Subtotal: $193,400.00 Contingency (Approximately 5%): $6,600.00 Total Anticipated Costs: $200,000.00 During the March 7, 2000 City Council Meeting, the City Council directed staff to prepare phasing of the project in order to begin the construction with the funds presently budgeted. The base bid provides the entrance sign, delineation of paths from the parking lot on Tecate and the entrance of the Trailhead, provides all landscaping and irrigation, electrical work, a water pump, and a drinking fountain with spicket. All of the other items have been included in the bid as additive alternates. The phasing has been established based on engineering estimates. After the construction bids are received, staff will evaluate the items for construction and provide City Council with a recommendation. Since Redevelopment Agency (RDA) Funding is being utilized for this project, the City must bid the project with prevailing wage requirements. Therefore, there are no Charter City implications. On May 19, 1998, the City Council adopted the Fiscal Year 1998/1999 through Fiscal Year 2002/2003 CIP. Improvements to the Cove Oasis/Lake Cahuilla Trail were identified to receive funding during Fiscal Year 1998/1999. According to the CIP, this project includes the development of the Cove Oasis Area (south of Tecate) as a future park, and the installation of trail head improvements. On May 4, 1999, the City Council authorized staff to prepare and distribute an RFP for the design of the Cove Oasis/Lake Cahuilla Trail Head Improvements and appointed a Consultant Selection Committee which included Mayor Pro Tern Henderson and City Council Member Sniff. On October 5, 1999, the City Council authorized the City Manager to execute a Professional Services Agreement with the firm of David Evans and Associates, ,for a fixed amount not to exceed $60,130, to provide design services for the Cove Oasis/Lake Cahuilla Trail Head Project. 003 T:\PWDEPT\COUNCIL\2000\000620C.wpd On December 15, 1999, the City Council selected Concept "A" to be the Cove Oasis Master Plan and directed staff to further refine the proposed site amenities for further Council consideration. The approved concept takes full advantage of the existing palm oasis, as well as planting opportunities adjacent to the base of the hillside. The proposed site shall be left in a natural condition, assuming only minimal grading. The existing palm trees shall remain and the existing trail route transitions through this space will allow easy access to all of the proposed features. Four shade shelters and a custom water feature are nestled within the palms east of the trail. The restroom, spray tower, signage, emergency call box, drinking fountain, free standing bench, and trash receptacle balance the site by a placement west of the trail. On March 7, 2000, the City Council approved the site amenities for the Cove Oasis/Lake Cahuilla Trail Improvements. In addition, the City Council directed staff to recommend phasing of the improvements in accordance with available funding which include, but are not necessarily limited to, the underground infrastructure. The Phase I improvements recommended shall be constructed within the existing budget constraints. Future phases will be constructed as additional funding is identified. During the May 21, 1996 City Council meeting, the City Council accepted a donation of palm trees and directed staff to install a plaque commemorating the donation. In honor of the palm tree dedication of the Hammer family, a sign consisting of a tile plaque on a stone post in accordance with the Memorial Tree Program, adopted by the City Council on May 2, 2000, will be installed within the Cove Oasis. The tile sign will read: THE PALM TREES DONATED IN HONOR OF THE HAMMER FAMILY MAY 21, 1996 Considering City Council approval of the PS&E and authorization to receive bids on June 20, 2000, the following project schedule is anticipated: Bid Period (30 days): Contract Award: Sign Contract/Mobilize Construction Period (90 consecutive calendar days): Project Acceptance/Close out: June 21, 2000 to July 20, 2000 August 1, 2000 August 15, 2000 August 15, 2000 to November 13, 2000 December 2000 29 ic 004 T:\PWDEPT\COUNCIL\2000\000620C.wpd The alternatives available to the City Council include: 1 . Approve the Plans, Specifications and Engineer's Estimate and authorize Staff to Advertise CIP Project No. 98-18, Cove Oasis/Lake Cahuilla Trailhead Improvements for Bid; or 2. Do not approve Plans, Specifications and Engineer's Estimate and authorize Staff to Advertise CIP Project No. 98-18, Cove Oasis/Lake Cahuilla Trailhead Improvements for Bid; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Engineer's Estimate of Probable Costs 294 005 T:\PWDEPT\COUNCIL\2000\000620C.wpd ATTACHMENT 1 ENGINEER'S ESTIMATE - BASE BID/ADD ALTERNATES Cove Oasis/Lake Cahuilla Trail ITEM DESCRIPTION NO. UNIT QTY. UNIT PRICE EXTENDED PRICE 1 Mobilization LS 1 $ 5,000.00 $ 5,000.00 2 Furnish and install custom drinking fountain, bi level, with side spigot per plans, details and specifications. LS 1 $ 8,000.00 $ 8,000.00 Work includes connection to domestic water line. 3 Furnish and install primary trail head signage per plans, LS 1 $ 21,000.00 $ 21,000.00 details and specifications. Item includes all coordination with sign manufacturer for grphics, text, layout and fabrication for all components; including an integrated emergency call box. 4 Furnish and install rock -lined trail from parking area, LS 1 $ 600.00 $ 600.00 approximately 100' toward palm grove. Rock shall be placed in accordance with plans and specifications. 5 Blade/scrape designated trail route approximately 2-3" LS 200 $ 20.00 $ 4,000.00 (12 x 1800' area) as described on plans. No change in grade shall occur, simply clearing area clean and hauling excess material. 6 Furnish and install rock -lined trail from Palm grove, LS 1 $ 600.00 $ 600.00 approximately 100' toward parking area. Rock shall be placed in accordance with plans and specifications. 7 Furnish and install all landscaping shown and described LS 1 $ 9,000.00 $ 9,000.00 on plans. Item includes but is not limited to: trees, shrubs, desert accents, decorative rock, tree stakes and soil preparation. 8 Furnish and install irrigation system, complete and LS 1 $ 11,000.00 $ 11,000.00 in -place, per plans details and specifications. Item includes finding appropriate point of connection and modifying existing palm tree drip irrigation system to allow for new valve and hookup to controller; providing all labor and materials (equipment, pipe, etc.) for the new system; and making all connections required for electrical and pump service. 9 Furnish and install electrical system complete and in LS 1 $ 46,000.00 $ 46,000.00 place per plans, details and specifications. 10 Furnish and install "Floppy" pump and enclosure per LS 1 $ 13,000.00 $ 13,000.00 plans and manufacturers specifications. Item includes providing electrical service to pump. SUB -TOTAL BASE BID ( Items 1-10), in figures: $ 118,200.00 ADD ALTERNATE 1 1 Furnish and install large shade shelter per plans, details EA 1 $ 28,000.00 $ 28,000.00 and specifications TOTAL ADD ALTERNATE 1(Item 1), In figures $ 28,000.00 ADD ALTERNATE 2 1 Furnish and install medium shade shelter per plans, details EA 2 $ 20,000.00 $ 20,000.00 and specifications TOTAL ADD ALTERNATE 2 ( Item 1), In figures $ 20,000.00 298 007 ADD ALTERNATE 3 1 Furnish and install small shelter per plans, EA 1 $ 15,000.00 $ 15,000.00 details and specifications TOTAL ADD ALTERNATE 3 (Item 1), In figures $ 15,000.00 ADD ALTERNATE 4 1 Coordinate, furnish and include price for installation LS by manufacturer for "unisex" restroom building with adjacent storage area with enclosed pressure tank in addition to adjacent to doorways concrete pads per plans, details and specifications. TOTAL ADD ALTERNATE 4 ( Item 1), In figures ADD ALTERNATE 5 1 Furnish and install custom water feature per plans, LS details and specifications. Item includes all pump, filtration and drainage appurtances necessary for a complete, in -place, fully operational custom fountain. TOTAL ADD ALTERNATE 5 ( Item 1), In figures ADD ALTERNATE 6 1 Furnish and install custom picinic tables as shown EA and described on plans, details and specifications. TOTAL ADD ALERNATE 6 ( Item 1), In figures ADD ALTERNATE 7 1 Furnish and install trash receptacle per plans, EA details and specifications TOTAL ADD ALERNATE 7 ( Item 1), In figures ADD ALTERNATE 6 1 Furnish and install "secondary" trail signs per plans, EA details and specifications. Item includes all coordination with sign manufacturer for graphics, text, layout and fabrication for all components. TOTAL ADD ALTERNATE 8 ( Item 1), In figures 1 $ 25,000.00 $ 25,000.00 $ 25,000.00 1 $ 12,000.00 $ 12,000.00 $ 12,000.00 9 $ 1,800.00 $ 16,200.00 $ 16,200.00 5 $ 800.00 $ 4,000.00 $ 4,000.00 2 $ 8,800.00 ADD ALTERNATE 9 1 Furnish and install boulder benches per plans, EA 13 $ 400.00 details and specifications TOTAL ADD ALTERNATE 9 ( Item 1), In figures ADD ALTERNATE 10 1 Furnish and install septic system, complete and in place LS 1 $ 10,000.00 per plans specifications and in accordance with City and County Health Department guidelines. TOTAL ADD ALTERNATE 10 ( Item 1), In figures $ 17,600.00 $ 17,600.00 $ 5,200.00 $ 5,200.00 $ 10,000.00 $ 10,000.00 293 008 T4'yl 4 4 Q" AGENDA CATEGORY: o BUSINESS SESSION: a COUNCIL/RDA MEETING DATE: June 20, 2000 CONSENT CALENDAR: ITEM TITLE: Consideration of Contract Change Order No. 6 to Jacobsson Engineering Construction for Modifications to the City of La Quinta Logo Associated with Project 98-05, City Entrance Monuments STUDY SESSION: PUBLIC HEARING: Authorize an appropriation of $3,600.00 from the Art in Public Places Fund 701-000- 255-210 to provide sufficient funding for Change Order No. 6; and Approve a Contract Change Order (CCO) No. 6 to provide and install a metallic gold laminated ring to the outside face of the outer ring of the monument signs or Project 98-05, City Entrance Monuments, in an amount not -to -exceed $4,650.00. The following represents the approved project budget and expenditures: Description Design Insp/Testing Construction Land Acquisition City Admin Contingency Total: Budget Amount Amount Expended $30,236.00 $19,925.00 $257,100.00 $15,000.00 $15,050.00 $15,802.00 $35,355.13 $14,497.00 $242,390.56 $15,000.00 $13,890.00 $907.50 Unexpended Revenue ($5,119.13) $5,428.00 $14,709.44 $0.00 $1,160.00 $14,894.50 $353,1 13.00 $322,040.19 $31,072.81 .JO4 T:\PWOEPT\COUNCIL\2000\000620f.wpd The following represents the project's construction commitments: Jacobsson Engineering Construction Base Contract $257,100.00 CCO Nos. 1 through 5: $4,296.73 Subtotal: $261,396.73 Jacobsson Engineering Construction Paid to Date: ($232,544.15) Jacobsson Engineering Construction Balance to Close: ($28,852.58) Other Commitments (City Admin): ($1,160.00) Unexpended Project Balance: $31,072.81 Budget Amount Remaining and Uncommitted: $1,060.23 Proposed Contract Change Order No. 6: $4,650.00 Difference: ($3,589.77) The project was originally bid with prevailing wage requirements. Therefore, there are no Charter City implications. During the City Council Meeting of April 6, 1999, the City Council rejected the single bid received (Brandt Development Ltd., $426,265) and directed staff to restructure the bid documents to provide additional options and rebid the project. On May 16, 1999, the City Council authorized an appropriation in the amount of $293,1 13 and awarded a contract to construct improvements for Project 98-05, City Entrance Monuments, to Jacobsson Engineering Construction, Inc. in the amount of $257,100 to complete the City Entrance Monuments including Add Alternates for installation of the water feature and installation of landscape lighting. On September 7, 1999, the City Council: Authorized staff to begin the negotiation process with the California Department of Transportation (Caltrans) to acquire certain property necessary to construct the proposed City entrance monument near the vicinity of Plaza La Quinta; authorized an appropriation of $15,000.00 from the Art in Public Places, funding account number 701-000-255-210, to begin the property acquisition process; authorized staff to deposit an amount of $15,000.00 with the California Department of Transportation to initiate the State right-of-way decertification process; authorized staff to prepare and forward a letter of assurance to the California Department of Transportation stating the City of La Quinta will not connect a water source to the proposed water feature of the Entrance Monument until after the City 301 T:\PWDEPT\COUNCIL\2000\000620f.wpd 0 l) has acquired the property; authorize staff to prepare and forward a letter of commitment to the California Department of Transportation stating the City of La Quinta will be responsible for any and all future maintenance of the entrance monument; and authorized staff to add the California Department of Transportation as additionally insured under the City's JPIA Liability Insurance coverage for the City Entrance Monument at the City's west entrance on the south side of Highway 1 1 1 . The existing City seal as indicated on the City business cards has a gold ring around the City logo. The entrance monuments were bid without this gold ring. City staff has received a cost estimate from the contractor in order to place a metallic gold laminated ring to the outside face of the outer ring surrounding the City logo on each entrance monument. The amount of the Change Order quoted by the contractor is $4,650. The contractor also provided a price for painting the outer ring of each logo gold. The amount quoted by the contractor for this service is $190. Contract Change Order No. 6 (Attachment 1) provides an amount of $4,650.00 to install a metallic gold laminated ring to the outside face of the outer ring of the monument signs at both locations. The remaining uncommitted balance is presently $1,060.23. If the City Council desires to proceed with this Change Order, an additional appropriation in the amount of $3,589.77 is required. The alternatives available to the City Council include: 1. Authorize an appropriation of $3,600.00 from the Art in Public Places Fund 701-000-255-210 to provide sufficient funding for Change Order No. 6; and approve a Contract Change Order (CCO) No.6 to provide and install a metallic gold laminated ring to the outside face of the outer ring of the monument signs or Project 98-05, City Entrance Monuments, in an amount not -to -exceed $4,650.00; or 2. Do not authorize an appropriation of $3,600.00 from the Art in Public Places Fund 701-000-255-210 to provide sufficient funding for Change Order No. 6; and do not approve Contract Change Order (CCO) No.6 to provide and install a metallic gold laminated ring to the outside face of the outer ring of the monument signs or Project 98-05, City Entrance Monuments, in an amount not - to -exceed $4,650.00; direct staff to close the construction contract with Jacobsson Engineering Construction; and Direct Staff to work directly with the sign company to obtain the requested changes under separate contract; or 3. Provide staff with alternative direction. 4f 003 T:\PWDEPT\COUNCIL\2000\000620f.wpd Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese City Manager Attachments: 1 . Contract Change Order No. 6 3u3 004 T:\PW OEPT\COUNCIL\2000\000620f. wpd CONTRACT: CONTRACTOR: ATTACHMENT 1 Sheet 1 of 4 City Entrance Monuments PROJECT NO. 98-05 Jacobsson Engineering Construction, Inc. P.O. Box 14430 Palm Desert, CA 92255-4430 CONTRACT CHANGE ORDER NO. 6 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE: Furnish all labor, materials and equipment to install a metallic gold laminated ring to the outside face of the outer ring of the monument signs (1/8" X 8' O. D. X 6' 4" I.D. white sintra with brushed gold metal sheet laminated to face). The project was substantially completed and the maintenance and plant establishment period commenced on April 17,2000. This Contract Change Order does not affect the Substantial Completion Date, and no early completion incentive or liquidated damages shall be applicable. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED: $4,650.00 Previous Contract Amt. Through Change Order No. - 5-: $261,396.73 Add this Change Order: $4,650.00 Revised Contract Total: $266,046.73 The contract completion date for Contract Change Order No. 6 shall be 6/30/2000. Submitted By: Date: Approved By: Date: We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes direct and indirect overhead expenses for any delays. Accepted By: Title: Contractor: JACOBSSON ENGINEERING CONSTRUCTION INC Date: 3 `, T:\PWDEPT\PROJECTS\98Pricts\9806Cty_ntrnc\Const\iecccono8.wpd 006 • is JACOBSSON ENGINEERING CONST., INC. P.O. Box 14430 Palm Desert, CA 922554430 Phone (760) 340-0194 Fax (760) 340-1574 REQUEST FOR CHANGE ORDER Customer Project Name City of La Quinta Name City Entrance Monuments Proj. 98-05 Address 78-495 Calle Tampico Address City La Quinta St CA Zip 92253 City La Quinta St CA ZIP Phone (760)777-7000 Phone city Units Description Unit Price TOTAL EXTRA WORK PERFORMED INCLUDES: 2 EA. 1/8"X8' O.D.X6'4" I.D. WHITE SINTRA WITH BRUSHED $1,750.00 $3,500.00 GOLD METAL SHEET LAMINATED TO FACE. 1 LS MOVE -IN CHARGE TO INSTALL LAMINATIONS TO $800.00 $800.00 EXISTING MONUMENTS 1 TTL PROFIT & OVERHEAD $350.00 $350.00 Approval Notes/Remarks Total: $4,550.00 Date 5/4/00 Co. Rep —Eza�� UPON FORMAL APPROVAL & AUTHORIZATION FROM THE CITY, WE WILL NOTIFY THE SIGN COMPANY TO PROCEED. 305 007 r " JACOB S S ON ENGINEERING CONSTRUCTION, INC • P.O. BOX 14430, PALM DESERT, CA 92255-4430 PHONE (760) 340-0194 FAX (760) 340-1574 LIC. NO. 650389 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: James Lindsey Ref: Entrance Monuments Project No. 98-05 Dear James: The cost would remain the same for the alternates, as the biggest cost is the lamination and the metal sheets. This is the only method the sign maker will build and install the requested "Ring" and guarantee his work. Allow 4-6 weeks after approval of all submittals for delivery. The drawings and submittals will be provided upon formal acceptance by the City. In anticipation of the city's approval, I am including a request for a change order. Sincerely, Bob Neubauer Project Manager • 30US 008 • • • P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 April 26, 2000 Bob Neubauer Jacobsson Engineering Construction, Inc. P.O. Box 14430 Palm Desert, CA 92255-4430 Subject: Project 98-05, City Entrance Monuments Cost Estimate Dear Bob: (760) 777-7000 (TDD) (760) 777-1227 Please provide the City with an itemized cost estimate to perform the following work at sign no. 1 (Home Depot Site) and sign no. 2 (Lumpy's Site): • Install a Metallic Gold Plastic Laminate Ring to the outside face of the outer ring of the monument. • Provide Alternate Bid for the above mentioned Plastic Laminate Ring with the color to match that of the existing Sun located inside the monument. Please submit your cost estimate by May 3, 2000. Please don't hesitate to contact me at (760) 777-7048 if you have any questions. Sincerely, James indsey Assistant Engineer cc: John Freeland, Senior Engineer Nick Nickerson, Project Administrator Project File 98-05 T:\PWDEPT\PROJECTS\98Ppcts\9805Cty_ntmc\Const\000426a.wpd 3� REPORT/INFORMATIONAL ITEM: A% T-ityl " CULTURAL ARTS COMMISSION MINUTES March 9, 2000 CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Hull presided over the meeting. Commissioner Shamis led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Jan Blakley Commissioner Kathryn Hull (Chairperson) Commissioner Leslie McMillan Commissioner Jackie Rasmussen Commissioner Elaine Reynolds Commissioner Rosita Shamis (Vice Chairperson) VACANCY: STAFF PRESENT: II. PUBLIC COMMENT None. One Dodie Horvitz, Community Services Director Cristal Spidell, Secretary III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of February 10, 2000 Under section VI. Consent Calendar, Item B. "Art in Public Places Conference" was changed to "Americans for the Arts Conference." B. Art in Public Places Financial Report for February 2000 Chairperson Hull wanted to clarify that $340,000 in Art in Public Places funds will go towards the purchase of art work at the Civic Center Campus, not for building the park. Ms. Horvitz said the majority of the funds will go towards the purchase of artwork for the campus, however a small portion of the funds will be allocated to TKD for Tom Doczi's services for administering the art component. It was moved by Commissioners Shamis/Blakley to approve the Minutes of February 10, 200 as corrected, and the remaining items on the Consent Calendar as submitted. Unanimous. G:\MyData\CRISTAL\CAC\CACMIN.3-9.wpd 3 0 Co V. PUBLIC HEARING None. VI. BUSINESS ITEMS A. Meet the La Quinta Artist Ms. Horvitz briefed the Commission on the process of selecting a recipient for the "Meet the La Quinta Artist" program. Commissioner McMillan suggested selecting two artists each month, and then suggested Tim Burleson who is a pianist, and Gwen Hughes who works with clay. Chairperson Hull wished to select only one artist, as has been done in the past, and to select a different medium. The Commission discussed Joyce Spizer and Barbara Saranella, who are authors, one of whom who could be chosen as the next recipient. It was moved by Commissioners Reynolds/McMillan to nominate Joyce Spizer or Barbara Saranella as the next recipient of the "Meet the La Quinta Artist" program. Unanimous. Commissioner Shamis will call the two authors to see who is available to attend the next two Culture in the Courtyard events (March 23 & April 27), and then she will contact Commissioner McMillan with the name of the person selected so she can send a letter to her. Ms. Horvitz indicated this information needs to be compiled quickly to meet the Chamber Newsletter deadline. Commissioner Shamis said she will be able to attend Culture in the Courtyard on March 23, however, she will miss April 27. B. Civic Center Campus Ms. Horvitz announced that 94 RFQ's had been sent out today for the Civic Center Campus artwork. The deadline is Monday, April 3, 2000 at 5:00 p.m. There are 5 components to the RFQ, and the artists can submit proposals for as many as they wish. The Commission discussed a historical theme for the park. Commissioner Shamis said she spoke with Council Member Henderson who said there is a specific idea already in place for the park, and Ms. Henderson suggested she called Barbara Irwin or Louise Neeley at the Historical Society. Commissioner Shamis and Commissioner Blakley put together a report on the history of La Quinta and distributed it to the Commission. It was suggested this information be given to the artists so they can prepare their proposals with this historical information in mind. Discussion ensued as to whether the report was more for a commissioned art piece verses letting the artists present their own ideas. Bob Wright, Barbara Irwin, and Louise Neeley, of the Historical Society Museum spoke about the history of La Quinta including the first school house in the valley. Mr. Wright said there is 4,000 years of history for La Quinta and suggested doing a time line at the Civic Center Campus, and at the end put the location of the La Quinta Historical Society Museum. The Commissioners were invited to tour the Historical Society Museum which is open Wednesday through Saturday from 10:00 a.m. to 2:00 p.m. Archie Sharp suggested the artists interested in the Civic Center Campus go to the Museum for ideas. Mr. Wright offered the Museum's services for historical information if the Commission needs any help. It was moved by Commissioners McMillan/Reynolds to provide historical information to the artists wanting to submit a proposal for the Civic Center Campus project. Unanimous. 303 G:\NlyData\CRISTAL\CAC\CACMIN.3-9.wpd 062 C. Cultural Workshop Chairperson Hull reviewed the agenda for the Cultural Workshop in November and asked the Commissioners for feedback. They discussed the budget for the workshop, and the possibility of paying some speakers but not all of them. They discussed Jack Mackie as the Keynote speaker, and if they paid his airfare it could be $300, and cost for light refreshments and printing of workshop invitations and materials would be on top of that. The Commission would like to hold the meeting at the Civic Center, and have a tour of the facility to show the artwork on hand, and then serve wine and refreshments in the Courtyard. Ms. Horvitz will check on the possibility. Ms. Horvitz would like the workshop budget information from the subcommittee by April 1st so that it can be included in the budget discussions. It was suggested that Judy Vossler, John Nagus, and Tom Doczi be on the panel. It was discussed that 4 panelists be selected. The subcommittee will contact the potential speakers of their availability, and call them back to confirm the workshop plans after the budget is approved by the City Council in July. It was moved by Commissioner McMillan/Reynolds to continue to work on the Cultural Workshop and contact potential speakers and prepare a budget. Unanimous. D. McCallum Theatre Institute Aesthetic Education Program Commissioner Shamis asked the Commissioners to read the report from the participants of last years Aesthetic Education Program. Commissioner Shamis would like to send 12 teachers to the program this year. The original 8 from last year will continue on, and 4 new ones will be selected from Truman School, which would make them the pilot school. It was moved by Commissioner Reynolds/McMillan to support the McCallum Theatre Institute Aesthetic Education Program this year with 12 teachers, in the amount of $4,800. Unanimous. Ms. Horvitz will forward this recommendation to the City Council when written correspondence is forwarded from Desert Sands Unified School District and the McCallum Institute with specific costs and program information. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Monument Sign at Lumpy's/Von's - Received and filed. B. Art Fernandez - 71h Panel for Bus Shelters The City Council approved designs #2, 6, and 9 and asked Mr. Fernandez to design 4 more panels for consideration. C. Auto Mall Art Piece - This item will be continued until further notice. D. Arts Festival Schedule Commissioners Blakley and Rasmussen will meet Mayor Pena and Council Member Henderson at the front gate of the Arts Festival at 10:00 a.m. on Thursday, March 16. There is a budget of $7,500 for artwork. 310 G:\MyData\CRISTAL\CAC\CACMIN.3-9.wpd 003 E. Community Picnic Letter from Victoria St. Johns, Community Services Commission The Commissioners will participate in the picnic, however, Commissioner Shamis is unable to attend. F. City of San Diego Collections Management RFP - Received and filed. Vill. COMMISSIONER ITEMS Commissioner Rasmussen said she is hitting dead ends with her current project, and she is available to help with the conference. Commissioner Shamis would like to remind the City Council of their desire to meet periodically with the Commission. Commissioner Shamis spoke about Jean Montez Flores, who submitted an idea for the Bear Creek Channel Bike Path, and wanted to make sure he received an RFQ for the Civic Center Campus. Staff will check the list and send an RFQ. Commissioner Reynolds showed a brochure to the Commission and suggested the one for the Cultural Workshop be produced similar with pictures of the speakers. Chairperson Hull has disks and information available to the Commission from Americans for the Arts. Ms. Horvitz reminded the Commission that April 1 was Census Day. Promotional items were distributed for them to give away including posters, buttons, chip clips, pencils and flyers. IX. ADJOURNMENT It was moved by Commissioners McMillan/Rasmussen to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:48 p.m. NEXT MEETING INFORMATION April 13, 2000 7:00 PM La Quinta Civic Center Study Session Room • Community Picnic Submit)4d by: yr vv Spidell, C*Assion Secretary 31 G:\MyData\CRISTAL\CAC\CACMIN.3-9.wpd 004 REPORT/INFORMATIONAL ITEM:__ Tit!t " COMMUNITY SERVICES COMMISSION MINUTES MAY 8, 2000 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:00 p.m. in the La Quinta Civic Center Study Session Room. Chairperson St. Johns presided over the meeting. Commission Davis led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Deborah Bechard Commissioner Mike Davis Commissioner Kathryn Pederson -Nadler Commissioner Joan Rebich (Vice Chairperson) Commissioner Victoria St. Johns (Chairperson) VACANCY: One MEMBERS ABSENT: Commission Michelle Henson STAFF PRESENT: Dodie Horvitz, Community Services Director Debbie DeRenard, Finance Secretary II. PUBLIC COMMENT Dennis Lid introduced himself and advised that he recently had moved to the La Quinta area and wants to be involved in the community. III. CONFIRMATION OF AGENDA MOTION - It was moved by Commissioners Rebich/Peterson-Nadler to confirm the agenda. Motion carried unanimously. IV. CONSENT CALENDAR A. Approval of Minutes of April 10 & 12, 2000. MOTION - It was moved by Commissioners Rebich/Bechard to approve the minutes of April 10 & 12, 2000 as submitted. Motion carried unanimously. V. PUBLIC HEARING - None 31 G:\MyData\CRISTAL\CSC\CSCMIN.5-8.wpd VI. BUSINESS ITEMS A. Community Park Public Meeting Ms. Horvitz advised that the first meeting of the Community Park will be scheduled in June. When a date is confirmed - notices will be mailed to everyone from the Youth Workshop and the entire community. She further advised that the Park Naming Submittal Form was included in the agenda. At the first Community Park meeting, the Naming Form could be distributed. The meeting will be held at La Quinta High School. Commissioner Peterson -Nadler advised Staff to let the School District know that she would be in attendance and the use of the facility should be provided at no charge. Ms. Horvitz advised the Commission that they could ask questions and speak at the Community Park meeting as individuals. MOTION - It was moved by Commissioners Peterson-Nadler/Bechard to start the Park Naming process. Motion carried unanimously. B. COMMISSION WORK PLAN The Commission reviewed the Work Plan and the following changes were submitted: Page 1 - Leave as is Page 2 - Leave as is Page 3 - Leave as is Page 4 - Delete La Quinta Post - Remove one of the listings of the Chamber of Commerce Page 5 - Separate the Youth Committee and the Community Picnic Page 6 - Remove ARC Youth Program - it is the same as the American Red Cross which is already listed Page 7 - Leave as is In response to the Commission, Ms. Horvitz advised that she will report back to the Commission regarding the VIPS Program. She further advised that the Joint Community Service Commission/City Council Meeting will be held on September 26, 2000. She advised that when a time has been confirmed for the meeting - an agenda will be mailed to the Commissioners. 313 002 G:\MyData\CRISTAL\CSC\CSCMIN.5-8.wpd M� MOTION - It was moved by Commissioners Rebich/Davis to approve the Work Plan in draft form for final approval at the meeting in June. Motion carried unanimously. VII. CORRESPONDENCE AND WRITTEN MATERIALS None VIII. COMMISSIONER ITEMS It was the consensus of the Commission that the Youth Workshop was a success. The Commission agreed that the youth in the area had several great ideas and had a lot to offer. Ms. Horvitz advised that staff would address some of the issues when there was more free time. She advised that staff is in the process of the Summer Brochure and short staffed. Commission Rebich advised that she attended the CVAG Human Services meeting. There were two guest speakers, Mr. Bob Sanderfer spoke regarding "No Kill Shelters" and Mr. Juan DeLara spoke regarding "Elder Abuse." Commissioner Bechard advised that at the top of the bike path the awning has a slit in the material. She further advised that the sculpture had been defaced with graffiti and the graffiti was quickly removed. At the request of the Artist, boulders were added along the path so that vehicles could not drive near the sculpture. Commissioner Davis stated that the Community Picnic was a huge success. He thanked staff and everyone involved. IX. ADJOURNMENT MOTION - It was moved by Commissioners Peterson-Nadler/Davis to adjourn the meeting at 7:45 P.M. Motion carried unanimously. NEXT MEETING DATE, TIME AND TOPIC June 12, 2000 La Quinta Civic Cepter Study Session Room Submitted by: Debbie Dd,Renara, Secretary G:\MyData\CRISTAL\CSC\CSCMIN.5-8.wpd 311� 003 REPORT/INFORMATIONAL ITEM: INVESTMENT ADVISORY BOARD Meeting May 10, 2000 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Chairperson Osborne, followed by the Pledge of Allegiance. PRESENT: Board Members Bulgrin, Irwin, Lewis, Mahfoud, Moulin, and Chairman Osborne ABSENT: Board Member Oiander OTHERS PRESENT: John Falconer, Finance Director and Debbie DeRenard, Secretary 11 PUBLIC COMMENT - None III CONFIRMATION OF AGENDA Board Member Moulin requested that Correspondence and Written Material Item C be moved and included with Business Session Item B. Board Approved. IV CONSENT CALENDAR A. Approval of Minutes of Meeting on April 12, 2000 for the Investment Advisory Board. Board Member Irwin advised that the meeting last month was long and active and a lot of ground was covered. He stated that much of the ground that was covered - agreements and disagreements were not reflected in the minutes. He advised that the Board may recall that last month there was a strong recommendation from Staff regarding LAIF. He advised that at that time he asked whether Staff fully had a chance to review the tapes from the meeting and he was told they had not, but that they read the minutes every month. He advised that you do not get anything from the minutes, they do not contain the tenor of the conversation or the tenor of the Boards thoughts. He stated that he can no longer support this type of minutes. 31 Investment Advisory Board Minutes May 10, 2000 Board Member Moulin advised that he spoke with the Mayor at a social event advising that the Mayor questioned what the Board was doing about LAIF. He advised that he informed the Mayor that Staff had recommended reducing the limit on the investment in LAIF. He further advised him of the tentative recommendations made at the meeting. The Mayor seemed to be aware of LAIF and expressed concerns that he had regarding the character of the investments under LAIF. Board Member Irwin advised that the minutes are the only form of communication the Board has with the City Council. Ms. DeRenard advised that some of the Council Members request and receive a copy of the meeting tapes. Board Member Bulgrin advised that some of them listen to the tapes. Chairman Osborne advised that Board Member Irwin is referring to the lack of information in the minutes. Board Member Moulin advised that due to the way the Board is handling the policy, no vote is taken after each meeting. He advised that if the Board took a tentative vote from the actual members present on certain percentages, the tenor of the discussion regarding the way the Board is going will not be in the minutes. Board Member Irwin advised that the subsequent points discussed each month should be summarized in the minutes and not like they were presented at this meeting. In response to Board Member Irwin, Mr. Falconer advised that Staff values all of the Board Members comments and tries to accommodate the Board. Board Member Moulin advised that he is not sure how the rest of the Board feels about this, but on the subject of LAIF it would have been well to have an indication the Board Members had an extensive discussion on the changing nature of the LAIF investments and the possible additional risk involved and decreasing the limitations when the Investment Policy is adopted. 31� 2 002 Investment Advisory Board Minutes May 10, 2000 Board Member Lewis advised that more of a narrative minutes rather than motion type minutes. Board Member Irwin agreed. Board Member Moulin advised that Board Member Irwin's work in this area was lost. Mr. Falconer advised that he could summarize the Board's feelings from last meeting regarding the limitation in LAIF: Board Member Olander - 20%, Board Member Irwin - 15%, Board Member Moulin - 20%, Chairman Osborne - 20%, and Board Member Lewis - 15 - 20%. Board Members Mahfoud and Bulgrin were not in attendance. He further advised that this was the substance of the entire meeting and the minutes could be changed to reflect those feelings. Chairman Osborne advised that LAW is a tough area and there is a lot of reasons behind the views of each Board Member and a Council Member or a Board Member that had been absent from the meeting could not read the minutes and know what the views of each Board Member. Board Member Moulin advised that staff does not need to do a "blow by blow" of the meeting - but a consensus of the items would help. Board Member Irwin advised that he raised the point because the minutes as they were submitted in the present form were incomplete. Board Member Bulgrin advised that the Board should stay on the subject of the minutes for public agencies. He advised that there is atypical protocol in public agencies that you keep minutes brief, concise and to those points that are voted on and you do not carry all the discussion. This is the way it's done in public agencies. 3 31 003 Investment Advisory Board Minutes May 10, 2000 Board Member Irwin advised that the Board doesn't necessarily have to follow this protocol. Board Member Bulgrin advised that the Board doesn't have to follow the protocol, but other agencies do follow it and his feelings are that discussions are more free flowing if not recorded. He further advised that having had several public agencies under him at one time, he appreciated having minutes that were action minutes. Board Member Lewis advised that part of the risk is that the Board is asking Staff to try and summarize a conversation and you run the risk of having them summarized incorrectly. Board Member Irwin advised that the Board Secretary has the tape to prepare the minutes, Mr. Falconer reviews the minutes and then they are reviewed by the Board for approval. Board Member Bulgrin advised that if the Board makes a motion to move in a certain direction then that's eventually recorded. Board Member Irwin advised that he reads the minutes of the City Council and they have more information in their minutes. Board Member Mahfoud requested a copy of the tape from the April 12th, 2000 meeting. MOTION - It was moved by Board Members Lewis/Moulin to approve the Minutes of April 12, 2000. Motion carried with Board Member Irwin voting NO. In response to Mr. Falconer, Chairman Osborne advised that the Board would like a little bit more detailed minutes such as the outcome of the LAW vote. 0 3� Investment Advisory Board May 10, 2000 Minutes V BUSINESS SESSION A. Transmittal of Treasury Report for March 2000 In response to Chairman Osborne, Mr. Falconer advised that on Page 6 the $500,000 investment was from the bond proceeds for the Civic Center Campus improvements. He advised that he spoke with the Public Works Department regarding the project and was informed that the project has been on hold and Staff was able to invest the proceeds through September 21st, 2000. He further advised that the other investment of 5 million was a roll-over of a matured investment as noted at the bottom of Page 6 of the Treasurers Report. He advised that he will invest in commercial paper this month when the second property tax levy is received. The City should receive their distribution the third week in May. Chairman Osborne advised that Staff will have to use the guidelines of the 1999/2000 Investment Policy. In response to Board Member Lewis, Mr. Falconer advised that the new Investment Policy will take effect July 1, 2000. MOTION - It was moved by Board Members Lewis/Irwin to review, receive and file the Treasurers Report for March 2000. Motion carried unanimously. B. Consideration of Fiscal Year 2000/01 Investment Policy In response to Chairman Osborne, Board Member Moulin advised that the Board may recall as background that he dissented from the approval of the Investment Policy last year, not because he didn't like the thrust of it, the Board made a lot of changes that were beneficial including breaking down the government areas. At that time he pointed out the risk regarding "Fannie Mae and Freddie Mac" further advising that this discussion has been ongoing. He advised that he thought the comments in the article from the Wall Street Journal (Written and Correspondence Item C) would be interesting to the Board. He advised that he doesn't have as strong as feelings as he did last year, because the Board has 5 31 005 Investment Advisory Board Minutes May 10, 2000 made positive steps, but he favors more of a risk based emphasis to the investments and he would like to see no limitation on U.S. Treasury investments. U.S. Treasury investments are riskless. He advised that he would be inclined to recommend that the investments in GSE's - non guaranteed by the federal government be lowered. Board Member Irwin suggested revisiting the bottom of page 9, top of page 10. Chairman Osborne suggested going through the investment policy and the tentative changes in order. In response to Board Member Lewis, Mr. Falconer advised that he spoke with the City Manager prior to the last meeting and it was suggested that Staff could manage by reducing LAIF from 35% to 25% in order to diversify the portfolio. Board Member Irwin advised that he had a discussion with the City Manager regarding the LAIF percentages. He advised that he approached the City Manager because he felt that he was a player. He further advised that he had the perception that Staff was drawing a line in the sand and that may have been a bad perception on his part. The City Manager advised him that Staff was not drawing a line in the sand and that they did make a recommendation, but that Staff would go along with any percentage that the Board came up with for LAIF. Board Member Lewis advised that he has the same opinion as last month to a certain extent and would like to see the LAIF percentages at 15%, maybe 20%, but if it was 25% he would find that a totally unacceptable percentage. He stated he does not like the direction that LAIF is going with their investment philosophy. Discussion continued with Board Member Irwin and Lewis discussing collaterized investments and their experience with other entities. Board Member Bulgrin suggested that each Board Member set the percentage that they would like to see for LAIF. 1.1 1"-` 0 o Investment Advisory Board May 10, 2000 Minutes Board Member Irwin advised that he feels very strongly with a 15% limitation with LAIF. Last month the Board discussed reducing the overall balance from 5 to 10 million - right there this fixes it. With the other changes that are being made to the policy and the City's reduced reliance on LAIF, the first 30 to 60 days after the change might be difficult, but after the first period it will not be that much of a burden. Board Member Bulgrin advised that he supports Staff. He advised that he doesn't support LAIF, but he supports the needs of what Staff needs to operate the City. Board Member Moulin advised that Staff came back last month with an initial recommendation of 25% limitation in LAIF. The Board discussed this at length and came up with a consensus of 20% with Board Members Lewis and Irwin leaning towards 15%. Board Member Bulgrin advised that LAIF isn't as secure as other investments, but it offers a lot of liquidity and there is a lot of money flowing through and as long as you don't invest long term money into LAIF he feels it's not a bad option for a City Treasurer. Board Member Irwin stated that he is trying to change the City policy regarding LAIF. Board Member Mahfoud advised that he is comfortable with 20%. In response to Board Member Mahfoud, Mr. Falconer advised that in the event the LAIF limit is lowered he would invest in commercial paper and money market mutual funds. In terms of every day - next day funds, Staff will need to rely on LAIF. In response to Board Member Mahfoud, Board Member Lewis advised that LAIF is not chasing yields and he further gave an example where LAIF had invested with a small bank and only received a yield of 5.83%. 007 Investment Advisory Board Minutes May 10, 2000 Board Member Bulgrin advised that LAIF's purpose is to provide safety and liquidity to municipal investments with reasonable yields. Politically some Treasurers chase yields. Board Member Lewis advised that the problem with LAIF is that it's always subject to the whims of the current elected administration. Board Member Irwin advised that he has been on the Board six years and each year when the Board reviews the policy, LAIF has been the primary issue. LAIF is not going to go away. He then gave an example of when he worked for the City in 1992-93-94 with LAIF and their financials. This Board has discussed the LAIF issue for a number of years and approximately two years ago there was a movement to reduce LAIF and finally someone said it should be at 35% and others felt it should be lower. It was agreed upon that the limit on LAIF would be 35% but the City would have a goal of managing down to 25% and to Staffs credit they did. He further advised that 5 months ago LAIF was at 27% and he questioned Staff about the percentage. Staff has done a good job with meeting the commitment. Last month some of the Board Member felt that the City could get along at a 15% level. He further questioned if it would make any sense to set the LAIF limit at 20% of the policy and ask Staff to manage down to a 15% level over the next year. Mr. Falconer advised that this would be his preference. He further advised that the City will have some bond issues coming up later in the year. Board Member Irwin suggested an informal motion with the Board, if the limit of LAIF would be set at 20% a commitment from Staff to manage down to 15% in the next twelve months. Board Member Moulin advised that this is very reasonable. He further advised that he would like to give staff the flexibility when there is the need and Staff should not be criticized if the LAIF limit exceeds 15%. E-1 Investment Advisory Board Minutes May 10, 2000 In response to Board Member Mahfoud, Mr. Falconer advised that LAIF is liquid. If you notify LAIF before 10:00 am, funds can be received the same afternoon. Chairman Osborne advised that we have a consensus that LAIF is lowered to 20% with a commitment from Staff to work towards 15%. Board Member Moulin advised that the exposure with LAIF and the City will continue to grow because the portfolio grows. Discussion continue to page 9 regarding U.S. Treasuries limit of 75%. Board Member Moulin advised that he is comfortable with raising the limit to 100% for U.S. Treasuries. He further advised that he would change the last sentence to read "allows investment in U.S. Treasuries" instead of "limits investments in U.S. Treasuries". He advised that there is nothing more safe than U.S. Treasuries. Chairman Osborne disagreed advising that U.S. Treasuries aren't as safe when you add in liquidity. Board Member Moulin advised that this is a separate issue, liquidity only deals with maturity. Board Member Lewis advised that one of the reasons behind the limitation percentage is the Policy does not look at it as a separate issue, its viewed as a integrated portfolio. Board Member Moulin advised that on the top of page ten, the first two paragraphs, he would like to see the percentages lowered from 75% to 60% and 25% to 20% for GSE's. He further advised that these would have the same arguments as the LAIF issue. He advised that he does not want to see the City investing in any one uninsured issuer. In response to Chairman Osborne, Mr. Falconer advised that on page 4 of the Treasurers Report it indicates that we have 10 million in Fannie Mae and 8 million in Home Loan Bank. These percentage equal 30% of surplus. E 3 �y� .. 009 Investment Advisory Board Minutes May 10, 2000 Board Member Irwin advised that Moody's the credit reporting agency continues to endorse GSE's. S & P have pulled their rating on GSE's. Board Member Lewis advised that he does not agree with lowering the percentages, but he would not vote against the policy as a whole. Board Member Irwin advised that he is uncomfortable with a large percentage in any one single name. He further advised that these are special organizations and not to be dealt with quickly. Board Member Bulgrin advised that he concurs with Board Member Lewis and further advised that he thought the Board was beginning to micro -manage the City. Chairman Osborne suggested that the Board watch the GSE's and report back during next years policy review. The Board concurred on changing commercial paper to maximum maturity of 90 days, a 2 million dollar limit in any one entity and adding the following sentence to the end of the paragraph: The City of La Quinta follows state code with the following two (2) restrictions of a maximum maturity per issue of 90 days and 2 million per issuer. The Board concurred on the changes on page 11. Mr. Falconer questioned page 12 - Sweep Accounts - advising that the Board had spoke in the past regarding adding U.S. Agency Securities to the Sweep Account. The Board concurred adding U.S. Agency Security to the Sweep Accounts. In response to Board Member Moulin, Chairman Osborne advised that at the planning stages of the sweep account, the bank advised that we could have a zero balance or $50,000 balance. He advised that he 10 3241 010 Investment Advisory Board Minutes May 10, 2000 suggested having a $50,000 balance in case a vendor called to verify funds on a check and the teller was not aware of the sweep account and indicated to the vendor that there was zero balance in the account. Board Member Moulin advised of minor typo changes on page 17, second paragraph and 19, third paragraph. MOTION - It was moved by Board Members Lewis/Irwin to make the recommendations to the 2000/2001 Investment Policy, subject to review with the City Manager and City Attorney for their review and comment at the June 2000 Investment Advisory Board. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report - April 2000 Noted and Filed. B. Pooled Money Investment Board Reports - February 2000 Noted and Filed. VII BOARD MEMBER ITEMS Chairman Osborne advised that he will not be in attendance at the June 2000 meeting. Board Member Lewis spoke regarding LAIF investments that are not shown in the Pool Money Investment Report. Chairman Osborne requested the Investment Advisory Board Agenda to be 11 4fi Oil Investment Advisory Board Minutes May 10, 2000 distributed before June 2"d, 2000 so that he could review before the meeting. Mr. Falconer reminded the Board that the meeting date has been changed from June 14, 2000 to June 7, 2000. Vlll ADJOURNMENT MOTION - It was moved by Board Members Lewis/Moulin adjourn the meeting at 6:45 p.m. Motion carried unanimously. Submitted by, Debbie DeRenard Secretary 12 3> 012 REPORT/INFORMATIONAL ITEM: MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 3, 2000 I. CALL TO ORDER 10:00 a.m. A. This meeting of the Architectural and Landscaping Committee was called to order at 10:06 a.m. by Principal Planner Stan Sawa who led the flag salute. B. Committee Members present: Bill Bobbitt, Dennis Cunningham and Frank Reynolds C. Staff present: Community Development Director Jerry Herman, Principal Planner Stan Sawa, Associate Planner Greg Trousdell, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. Principal Planner Stan Sawa asked if there were any changes to the Minutes of April 5, 2000. There being no changes, it was moved and seconded by Committee Members Cunningham/Bobbitt to approve the Minutes as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Site Development Permit 99-648. Amendment #1; a request of Century - Crowell Communities for approval of architectural and landscaping plans for a new prototype residential unit located approximately 100 feet south of Desert Stream Drive on the west side of Dune Palms Road in Tract 27519. 1. Associate Planner Greg Trousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 32i CAMy Documents\WPDOCS\ALRC5-3-20.wpd I Architectural & Landscape Review Committee Minutes May 3, 2000 2. Committee Member Cunningham stated that since it is internal to the project and does not affect any other project, he has no objections. 3. Associate Planner Greg Trousdell stated the proposed two story unit will give a break to the single story roof lines. It had been used in the City before and this developer is bringing it back. 4. Committee Member Bobbitt asked why the two story unit was proposed. Committee Member Cunningham stated it was because there is a market for it. 5. Ms. Marty Butler, representing Century -Crowell Communities stated they needed to increase the square footage of the houses to meet market demand. 6. Committee Member Bobbitt stated he had no issues. 7. Committee Member Cunningham stated it was attractive and brings diversity and asked how many two story units there would be. Ms. Butler stated that in Phase 2 there would be six and in Phase 3 seven, for a total of 13. Staff stated some of the two story units backs up to the proposed City park. Discussion followed regarding plotting of two story units. 8. There being no further discussion, it was moved and seconded by Committee Members Cunningham/Reynolds to adopt Minute Motion 2000-010 recommending approval of Site Development Permit 99-648, Amendment #1, subject to conditions as submitted. Unanimously approved. B. Specific Plan 2000-042 Conditional Use Permit 2000-048, and Environmental Assessment 2000-394; a request of the La Quinta Arts Foundation for approval of Washington Street perimeter landscaping plans for an art and education facility. 1. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted the landscaping plan does not identify the location of the plantings by species. 32u 02 C:\My Documents\WPDOCS\ALRC5-3-20.wpd 2 Architectural & Landscape Review Committee Minutes May 3, 2000 2. Ron Gregory, landscape architect for the project, stated he would submit an updated plan. This plan was a preliminary plan to identify the number and type of plant material. He was unaware that he was to identify each plant on the plan. Most of the plant material is native to Sonora desert and he has indicated the size range of the plant materials. 3. Committee Member Reynolds stated his concern is the problem with drainage and how it could affect the landscaping. How can you approve the landscaping plan when it is not known whether or not the grading plan will conform to landscape plan. On the plan there are two little retention basins located on the north side that will not accommodate the water. Staff noted the parking lot will all be used for retention. Committee Member Reynolds asked where the water would go once the parking lot fills up. Staff stated the basin is designed to hold the water. Committee Member Reynolds noted that a problem exists now as the church did not install any drainage when it was constructed. Mr. Ron Gregory asked where the water would be coming from. Committee Member Reynolds stated it would come from the church, street, mountain, and this project. 4. Committee Member Cunningham asked if a hydrology report was prepared. Staff stated it had been and will be reviewed by the Planning Commission. 5. Mr. Bob Wright, representing the La Quinta Arts Foundation, stated parking lots will be composed of gravel and will be three feet below the level of Washington Street. It was designed to handle a 100 year flood. In addition, there are retention basins on the southwest and northwest ends of the site and will handle the churches runoff as well. 6. Mr. Gregory stated this was a preliminary landscaping plan and if the grading study shows something different, they will modify their plan accordingly. 7. Ms. Christi Salamone, representing the La Quinta Arts Foundation, stated they have agreed to retain whatever drainage comes down Washington Street. Mr. Gregory stated they will have three to four feet of mounding to screen the lower grade parking. 3 03 C:\My Documents\WPDOCS\ALRC5-3-20.wpd 3 Architectural & Landscape Review Committee Minutes May 3, 2000 8. Committee Member Cunningham asked what the area in the center left of the site were for. Staff stated it would be used for the festival and will be turf. 9. Committee Member Bobbitt stated he liked the layout and asked who will maintain this. Mr. Gregory stated the Foundation will put it out to bid. Committee Member Bobbitt asked if the Foundation would see that whoever is hired is trained on the correct method of pruning this type of native landscaping to see that they are maintained properly. He does not want to see balls and circles. Native plants shouuld not to be pruned in this manner. Mr. Wright stated the festival grounds will be developed first so the maintenance will be a major concern. The landscaping will not look like a poodle clipping. Mr. Gregory sated they too, have been disappointed with some of their projects where native materials have been used and the landscape gardeners prune the plant material like any other plant. On this project the spacing between shrubs is far apart to hopefully avoid this from happening. From a design aspect they can address this problem. Shrubs will grow to a full size before pruning to keep them from being pruned in funny shapes. Committee Member Bobbitt stated the tendency is to over plant for immediate impact. The City allows the building to cover a maximum area and that does not leave a lot of room for plants, but the developer is required to plant two trees. 10. Committee Member Bobbitt stated that from a tree standpoint, the use of decomposed granite as paving for the parking lot will be good for the planting of trees. Tree wells in parking lots do not provide space, irrigation, and aeration to allow tree growth. 11. There being no further discussion, it was moved and seconded by Committee Members Cunningham/Reynolds to adopt Minute Motion 2000-01 1 recommending approval the Washington Street perimeter landscaping plans, as submitted. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None V. COMMITTEE MEMBER ITEMS: None C:\My Documents\WPD0CS\ALRC5-3-20.wpd 4 Architectural & Landscape Review Committee Minutes May 3, 2000 VI. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Cunningham/Reynolds to adjourn this regular meeting of the Architectural and Landscaping Review Committee to the next regular meeting to be held on June 7, 2000. This meeting was adjourned at 10:39 a.m. on May 3, 2000. Respectfully submitted, TT SAWYER, Executive Secretary Cit La Quinta, California 331 rW C:\My Documents\WPD0CS\ALRC5-3-20.wpd 5 REPORT/INFORMATIONAL ITEM: MINUTES HISTORIC PRESERVATION COMMISSION MEETING A regular meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA MARCH 22, 2000 This meeting of the Historic Preservation Commission was called to order by Chairman Robert Wright at 3:06 p.m. who led the flag salute and asked for the roll call. I. CALL TO ORDER A. Pledge of Allegiance. B. Roll Call. Present: Commissioners Irwin, Mitchell, and Chairman Wright. It was moved and seconded by Chairman Wright/Commission Irwin to excuse Commissioner Puente. Unanimously approved. Staff Present: Planning Manager Christine di Iorio, Principal Planner Stan Sawa, and Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Irwin/Mitchell to approve the Minutes of February 17, 2000. Unanimously approved. V. BUSINESS ITEMS A. Report on Archaeological Monitoring for Portions of Tract 23773, located on the north side of Fred Waring Drive, west of Adams Street within Starlight Dunes. Applicant: Century -Crowell Communities. Archaeological Consultant: Archaeological Advisory Group (James Brock) 1. Principal Planner Stan Sawa presented the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Wright asked for comments from the Commissioners. The Commissioners were in agreement that the report was satisfactory and they had no comments. PACAR0LWHPC3-22-00.wpd -1- 3 3 2 Historic Preservation Commission Minutes March 22, 2000 3. There being no further discussion, it, was moved and seconded by Commissioners Irwin/Mitchell to adopt Minute Motion 2000-008 accepting the Report on Archaeological Monitoring for Portions of Tract 23773. Unanimously approved. B. Interim Cultural Resources Report on Archaeological Testing and Evaljuation of Site CA-RIV-3659/H and -6385; located at the northwest corner of Washington Street and Highway 111. Applicant: Madison/PTM LQ LLC (Mr. Ed Alderson). Archaeological Consultant: CRM TECH (Bruce Love, Ph D). 1. Principal Planner Stan Sawa presented the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Irwin asked if the grading on this project had been completed. Principal Planner Stan Sawa replied it had not started. 3. Commissioner Irwin inquired about the large bones that were uncovered on the site, and what period they might be from with regards to cremation vs. burial, as it was the practice of the tribes to cremate the bodies up to a certain period in time and then began burying them. 4. Chairman Wright commented on the fact there were a large number of items collected on such a small site. Principal Planner Stan Sawa stated most of the items were found on the surface. 5. There followed discussion about the type and depth of artifacts found considering the site had been so frequently disturbed. There was concern about additional artifacts that might be found and how they would be handled. Principal Planner Stan Sawa addressed the Commissioner's concerns by telling them the archaeological consultant, Dr. Bruce Love, would be submitting a final report on the project, with a complete analysis which should answer many of the questions the Commissioners have. 6. There being no further discussion, it was moved and seconded by Commissioners Mitchell/Irwin to adopt Minute Motion 2000-009 accepting the Interim Cultural Resources Report on Archaeological Testing and Evaluation of Site CA-RIV-3659/H and -6385; as prepared and P:\CAROLYN\HPC3-22-OO.wpd -2- 33 Historic Preservation Commission Minutes March 22, 2000 recommended by CRM TECH subject to Conditions 1, 2, and 3 in the staff report. Unanimously approved. C. Archaeological Testing and Evaluation Program for the Mannino Property; located on the north side of Highway 111, west of Dune Palms Road. Applicant: Jay Mannino. Archaeological Consultant: CRM TECH (Dr. Bruce Love). 1. Principal Planner Sawa presented the information contained in the report, a copy of which is on file in the Community Development Department. 2. Commissioner Irwin recommended close monitoring on this project. 3. Chairman Wright agreed and stated there was a potential for some very rich sites. 4. There being no further discussion, it was moved and seconded by Commissioners Mitchell/Irwin to adopt Minute Motion 2000-010 accepting the Archaeological Testing and Evaluation Program for the Mannino Property with the addition of Condition 43 - Archaeological monitoring be conducted during grading of the site. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL VII. COMMISSIONER ITEMS A. Planning Manager Christine di Iorio advised the Commission the City Council reviewed the Commission's request for a Professional Services Contract to Prepare Guidelines for the Curation of Archaeological Resources and Consultant Services at their March 21, 2000, meeting and approved finalization of a contract with Greenwood and Associates to prepare the guidelines for the curation of the archaeological resources and other consultant services as necessary. Staff will meet with the consultant and schedule a date to meet with the La Quinta Historical Society, the Historic Preservation Commission and some representatives from the Native American Tribal Organizations. It is anticipated the guidelines will be done by June 30' B. Planning Manager di Iorio reminded the Commissioners they need to set up a meeting date to discuss the Traditions Plaque. Since the month of April presents so many conflicts, this item will be deferred to the May meeting agenda. 3` PACAR0LYN\HPC3-22-00.wpd -3- 03 Historic Preservation Commission Minutes March 22, 2000 C. There was general discussion about upcoming meetings and symposiums. D. Commissioner Irwin told the Commission the Historical Society hasn't been contacted, by LSA, about the delivery of the artifacts from the sites on Tentative Tract 28964. VIII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Irwin/Mitchell to adjourn this meeting of the Historic Preservation Commission to the next regularly scheduled meeting of the Historic Preservation Commission on April 20, 2000. This meeting of the Historic Preservation Commission was adjourned at 3:30 p.m. March 22, 2000. Unanimously approved. Submitted by: doJ 44mk Caroly Walker Secretary r u- PACAROLYN\HPC3-22-00.wpd -4 04 � T O� 0 • Qum& U rJ OF p`4 TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manage o DATE: June 20, 2000 RE: Department Report — Response(s) to Public Comment The following is the response to public comments made at the June 6, 2000 City Council meeting: 1. Terrie Miller, 56-768 Palms Drive, Project Director for The Village at the Palms, addressed the City Council regarding the possibility of allowing temporary directional signage (to The Village at the Palms) during construction of the golf tunnel on Madison Street. • Staff anticipates bringing the matter forward at a future City Council meeting for consideration. Additionally, Ms. Miller asked about the status of the southeast annexation and the annexation fees. • Mayor Pena informed Ms. Miller that the Council would be considering the annexation survey under Business Item No. 4 and that the City was taking a very methodical approach to the annexation and sphere of influence process. 2. Teresa Pina, 45-755 Sutter Creek, Indio, of Indio Charter School, invited the City Council to the Indio Charter School Open House on June 8 between 8:00 a.m. and 4:00 p.m. • No additional response was necessary. ,-A DEPARTMENT REPORT: 5 - 4 JULY 5 JULY 18 JULY 26-28 AUGUST 1 AUGUST 15 CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING CITY COUNCIL MEETING LEAGUE OF CALIFORNIA CITIES MAYORS AND COUNCIL MEMBERS FORUM IN MONTEREY CITY COUNCIL MEETING CITY COUNCIL MEETING SEPTEMBER 19 CITY COUNCIL MEETING SEPTEMBER 26 JOINT MEETING OF CITY COUNCIL AND ALL CITY COMMISSIONS/BOARDS/COMMITTEES OCTOBER 3 CITY COUNCIL MEETING OCTOBER 17 CITY COUNCIL MEETING NOVEMBER 7 CITY COUNCIL MEETING 33" NOVEMBER 21 CITY COUNCIL MEETING June 2000 Monthly Planner i2 3 May July 1 S M T W T F S S M T WT F S 1 2 3 4 5 6 T 7 8 9 10 11 12 13 2 3 4 5 6 7 8 14 15 16 17 18 19 20 9 10 11 12 13 14 15 16 17 18 19 20 21 2223 21 22 23 24 25 26 27 24 25 26 27 28 29 28 29 30 31 30 31 4 5 6 1:7 8 9 10 2:00 PM City 12:00 PM i Council Energy/Envi- Meeting Sniff 11 12 13 14 15 17 11 10:00 AM CVAG 7:00 PM C.V. 19:00 AM RCTC- 10:00 AM Spec- 1 Public Safety- li Mosquito Pena ial City Council Perkins Abate. -Perkins 5:30 PM Invest- Meeting 112:00 PM CVAG 7:00 PM Plan- I ment Advisory 3:30 PM Historic'! Transp-Perkins ning Commis- !i Board Preservation 7:00 PM Commu- nity Services sion Meeting 1 Commission Commission 7:00 PM Cultural Arts Commission 18 119 20 121 1 22 23 24 9:00 AM CVB- Henderson Father's Day 2:00 PM City Council 1 Meeting II 25 27 30 29 30 12:30 PM RCTC 7:00 PM Plan- 112:00 PM CVAG Budget -Pena ning Commis- Human/Com- 6:00 PM CVAG- sion Meeting Adolph Exec Com-Pena i4:00 PM DRRA 1 Airp-Henderson Printed by Calendar Creator Plus on 06/15/2000 July 2000 Monthly Planner Printed by Calendar Creator Plus on 06/15/2000 August 2000 Monthly Planner Uglaq fipprsy,�=§ 2 4 5 2:00 PM City July Council S M T W T F S Meeting 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 7 8 9 10 12 7:00 PM C.V. 19:00 AM RCTC- 12:00 PM Mosquito Pena Energy/Envi- Abate.-Perkins 15:30 PM Invest- Sniff 7:00 PM Plan- ment Advisory 7:00 PM Cultural 1 ning Commis- Board Arts Commission sion Meeting 13 .14 15 16 17 19 10:00 AM CVAG 9:00 AM CVB- 3:30 PM Historic Public Safety- Henderson Preservation Perkins 2:00 PM City Commission 12:00 PM CVAG Council I Transp-Perkins Meeting 7:00 PM Commu- nity Services Commission Ii 20 22 123 24 25 26 7:00 PIVI Plan- 12:00 PM CVAG ning Commis- Human/Com- sion Meeting Adolph i4:00 PM DRRA Airp-Henderson 27 28 29 30 31 2:30 PM RCTC Budget -Pena September September 16:00 PM CVAG- i S M T W T F S S M T W T Exec Com-Pena 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 06/15/2000 2 5 8 9 0 4 25 26 27 28 29 30 Printed by Calendar Creator Plus on L/� c9 DEPARTMENT REPORT: % v 5 GF�l OF T TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety '79. DATE: June 20, 2000 RE: Monthly Department Report - May 2000 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and business licenses for the month of May. The reports depict the following highlights: • Year to date building permit valuation is $134,356,171 which represents an issuance of 1563 building permits through May; • 1 144 animal control cases have been handled through May; • 711 code compliance cases have been initiated through May; • 14 new licenses were issued to La Quinta based businesses in May. 341 N N O r O O O O O O O O O O O O O O O O O O O O CD O O O O 't I- cM M (n r O 4 O O O O O O O O O O LL) O O O) r � V Q d' O 00 N N Q ,It O LO N 1� J O N r d IL r T U J m r O CA O O O O O O O O O O O O O iO O f� LO 00 O O O O O O O O O O O O O O r a= C> LO CD O O CD O O O O O O CD CD CD jo ti_ Z H N N It M O O r N O N Q O It 0 LO O LO O O r O (D N CO 't N V j O 00 r ti ti O M LO a) O 00 r r CA I- 00 i t 11: M (D CY) O O It N It It O O L- Lf) 00 I- CY) Lf) It LO LO O CO Q O L(i N Nt N M � O O CA CA 00 O I- 00 M CD O N 00 O M 00 O LO N (D N N r M W CD O M I� N N N LC) ( O CM LO CM W Il- 0') N M 0 r 00 IL r M r O M It LO LO O O O LO (D O r O O O O LO LO C) a/ LO I� CO r O O LO r ct O O CA O O O r O N W 00 (D N CM O N N N O C7 N N O O O O r It d Z O N O It N O CM (D CY) LO N CD O co O lq� O (O � � M I- f- N O O ti ti O M M r r (N M O I� U) O O O O O O O O O O O O O O O O O O U O O O O O O O O O O O O O O O O 0 O LO CJ O r O LO - r O O 0 ti r O O O j� CD r LO co O (M 0— O r 00 0 O It 00 00 Q ~ ~z M CO f� Nt P- (q oc Lf) N 00 1 CM (D 0 N ti LO CA (D ti I r (D 00 M Ili r- ti N ~ O J 0 LO ODN ti O 0) CY) 00 f- r (M r CY H O Q LOtf) T M r 000 N LO O O O O O O O O O O O O LO O O CD O "t O 0 O O O O LO O O N LO Nt O CO O CA ; r 0 d fl- 00 LO It LO ti N CA LO I- LO ti It h d LO O 00 CD O It LO 00 LO ti I- r I CD O O LO CC) I U) r I- i• Z Q ( N M 0 00 Cl! 00 r O O O O r N LO Lf) ti T �-- Z N O N 't CD O f- 00 r I- T d M 'It LO f- Ih O (,� 0 _Q 00 M t,- CD m M r r LO r N r- 't r ('M rl- N r M O I N 00 LO M J = C) r M M LO (V T � T m O O O O O O O O O O O O O O O O 0 O Z a0 CO Cn O O O O 00 O O Cl? O O O O (0 V = N M U) 'IT LA Lo N 't f� L) N M N O O O O f� 00 O O O O O CM � 00 U A LO OrLO (0 O O (D f- O I- r- 00 M 00 O LO fl- M LO M N CDCD N LNCD 06 1 r r LO O cM CA M `- O I-- 00 M CA Q 00O M 00 r CD 0 0) CV co r l r i I I r G J I W CO N 00 It LO r r N 0 M It M r N M M! T CA M � T r N M Cl) Ce) I L) N N M (0 LO CC,-) Z z wl r � Z i = J W J W Z� �LQ1J C�00 WJ _W AO M N O M N f- M N LO ItOOOOOOMF— IL (D r O j 0 w _> U) W Z 0 E QO W J Q Z O Q QU Z O Z J J Q ct Q U oQ .W (D _ U-LL z zm a Q W LL O J LL Z Z Q w (D Lli JpQ op 0 2 o Z �U w O mL U) Q O O J W O W Q Z O W n W 2 d d p 2 CL U CO U x �- 34 y L ANIMAL CONTROL REPORT FOR: May, 2000 S.Alexander/J.Olivas/J.Misuraca ANIMAL PICKUPS INCIDENTS YEAR TO DATE: HANDLED: YEAR TO DATE: Dogs Alive 27 210 Bite Reports 0 12 Dead 5 53 Animal Trap Set Ups 5 38 Cats Alive 8 54 Cruelty to Dead 9 _ 3 Animals Invest 0 7 Other Animals Alive 16 34 Vicious Animal Dead 8 43 Restraining Order 0 1 TOTAL ANIMALS Alive 51 298 Special Hour patrols 6 43 Dead 22 129 Zoning Violations 0 3 Lost & Found 27 135 TOTAL ANIMALS REMOVED Animal Rescue 5 18 73 427 Outside Agency 2 11 City Hall Reclaims 6 44 Other 10 94 TOTALS 61 406 VIOLATIONS: No Owner Warnings Citations Dogs at Large 27 6 1 Noise Disturbance 0 1 0 Defecation removal 0 0 0 License Violation 0 1 3 Other 0 0 0 Monthly Total 27 8 4 YEAR TO DATE 134 55 122 TOTAL MONTHLY INCIDENTS HANDLED: 173 YEAR TO DATE INCIDENTS HANDLED: 1144 34" OVA CODE COMPLIANCE REPORT FOR: May, 2000 ABATEMENTS: YEAR TO DATE: Nuisance Abatements Started 52 247 Weed Abatements Started 1 22 Vehicle Abatements Started 73 391 Dwelling Abatements Started 1 51 TOTAL STARTED 127 711 TOTAL COMPLETED 236 946 Home Occupation Inspections 14 57 Business License Inspections 26 84 Public Service 245 1,654 Garage sale permits Issued 151 634 34LIG; 4 00000000000000 m o 0 0 0 0 0 0 0 0 0 0 0 0 0 M N N N M O N O O �� In 1/') tl') Q. tl) 4j In Ln Ln a o 0 0 0 0 0 0 0 0 0 0 0 0 0 g D d w ¢ O U U - U Z Q Z 0: Z w it 2 Z-a0o OulO Q w ots�pF- �0� W O< 0mwmo��2ZQWW }JwnWo05SW1)_U) z99u)99C69= 40<jWWowW w0' Q O wwQjwwZOI d O O Q w 7� 32000xLL020u0(Lx¢ M M O M M M c: � N 1.- 0 V) 0 0 cNli c0� OD0 coo M^ 0) O N K m T O T M I T N T 9 �(9 c0 060 C n O� n- n U- M �A -- N M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I to co co co co co co co to co co w co co a CCCCtCCt�CCCCCC a a CN CN 04 04 04 04 04 CN N 04 04 04 04 04 aN NNN N N N N N N N N N N rnrnrnrnrnrnrnrnrnrnrnrnrn m m a aUUUUUUUUUUUUUU Q¢Q¢¢Q¢QQQ¢QQQ zz�zzzzzzzzzzzz aaaaaaaaaaaaaaa a'ggggggggggggg� w o F- <n w F w Q p ¢p — Q g }¢ Z O Q w N} > � w a � gD LL 0> Z Q x=mo WxxR� 03 o��Q Qz LL< U) Lu Z-iZx=Op-Z� W =co •- > Q> Q> Q- O¢ Q 'aQUQ22mUQcn�2LL�U A 0 0 0 N 0 0 cn 0 to N aD O O � N u M P� ((o cc) O Loo co 0) co 0 CD a' ��nvco aovaocroco1co co-1-PwLOI-o z z w 0 D H U U C) Z W LU F D0C7 ¢ _N J z WtgO OQ ~UtL p W 1¢w vi zw UW~= QOD Z Oz nZU LLJ W�W>_w a� u 0C) x(tO(J Zn MxoWU>NUO gU WQ�Z aC) W>opo}, U oF-o►w£zLL LL U)o z}m¢w0zpSmwOn2 Z� x Q U O Q aQ>ZO2 UUNw ZaW� I°aa0ww aQQUOC7C Om -i -12Z(L C IT cNo LO IN N N N CMo c07 IOCI cMo c�0 N cl7 N N N N N N cA N a000000o�0�0000 345 6, 5 DEPARTMENT REPORT:c&t,/ 4 5 G��1 OF �9s4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR )44 DATE: JUNE 20, 2000 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF MAY Attached please find a copy of the Community Development Report which outlines the current cases processed by staff for the month of May. 3403 PAMonthly Department Report.wpd F- Z W 5 H Q a W H Z W E IL O W W Z C_ CG C O U Q Z O p Q Z O H a W O a� CL 0 U N c -O 'O 'v "O "a -0 "O 'a p +' N N O O N E E E E E E E E E N E E E E E -0 -0 -0 -0 -0 -0 -0 -0 -0 O -0 -0 -0 -0 .O 7 7 :3 7 7 7 7 7 O — 7 7 O O 7 cn N N O N N N U c N cn N (n cn N N O O N 0 N O N O O O t O co c N ` O +' C O +� F N O N Cl) - a) Wo a� c O c N N aci C7 Q Q Q U N cn cn N Q O p 'a cn +� }' "O O N m O Q 0 N > O Uc N O CD Q N i Q O 0 O a > cn c N N U O O a_ ++ N cp c N >c co � pUn d LL J N L UCD. . 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C O d .0 H {0 � L Gf m cc cc CC 0 Q W W w y G C7 W a U ca to c V c c 0 a c c a W O C J J 01 U 01 U 0) CC O) U 41 V s 'Ci ° > ° L LL U) = CM ;� CM N �, ° 3 U Z c c ++ .r c c +• F. .0 c[ a a c c c CL ai F- 2 2 a E � U � CC a a C7 c t Y 06 da DEPARTMENT REPORT: �M 5 OF TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MARNI KUNSMAN, RECREATION SUPERVISOR VIA: DODIE HORVITZ, COMMUNITY SERVICES DIRECTO DATE: JUNE 20, 2000 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF MAY 2000 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF JULY 2000: July 1 La Quinta Summer Golf Tour, Landmark Golf Club July 7 *"The Benefits of Exercise" Seminar, Senior Center July 8 La Quinta Summer Golf Tour, La Quinta Resort & Club -Dunes Course July 8 Sleep, Dreams & Interpretations Seminar, La Quinta Boys & Girls Club July 10 *Putting Contest, Senior Center July 12 *Disaster Preparedness Seminar, Senior Center July 13 Shopping Excursion to South Coast Plaza or Fashion Island July 14 Intermediate Computers, Boys & Girls Club of La Quinta July 15 La Quinta Summer Golf Tour, Heritage Palms Golf Resort July 15 Beach Train Excursion to the San Clemente Annual Ocean Festival July 15 Mastering Microsoft Excel Computer Seminar, La Quinta Boys & Girls Club July 17 *Adult CPR Class, Senior Center July 18 *Healthy, Quick & Cool Summer Cooking Class, Senior Center July 18 *Free Hearing Consultation and Hearing Aid Check, Senior Center July 20 "How to Win the Money Game" Financial Workshop, Senior Center July 20 *Healthy Cooking Class & Tour at the Heart Hospital July 22 La Quinta Summer Golf Tour, Mission Hills Resort -Pete Dye Course July 22 The Annual Sawdust Festival Excursion, Laguna Beach July 22 * Patriot's Luncheon, Senior Center July 24 *Mature Driver's Course, Senior Center July 25 *Congresswoman Mary Bono's Mobile Office, Senior Center July 26 "Legoland California" Family Excursion, Carlsbad July 26 Gourmet Microwave Cooking, La Quinta Senior Center July 27 Regional American Cooking, La Quinta Senior Center July 29 La Quinta Summer Golf Tour, Mission Hills Resort -Gary Player Course July 31 Pacific Rim Cuisine Cooking Class, Senior Center July 31 Beginning Computers, Boys & Girls Club of La Quinta 3K * Senior Center Program, Class or Event T,&t 4 4 0" Community Services Department Attendance Report for the Month of May 2000 Summary Sheet Program 2000 1999 Variance Meetings Per Month 2000 1999 Leisure Classes 372 72 300 33 8 Special Events 186 0 186 3 0 Adult Sports 30 790 -460 11 13 Senior Center 1788 1756 32 138 91 Fritz Burns Park Pool 1880 1982 -102 31 31 Program Totals 4256 4600 -44 216 143 Senior Services Senior Center 1015 941 74 15 10 Total 1015 941 74 15 10 Sports Complex Use LQ Sports & Youth 6000 5600 400 22 22 Total 6000 5600 400 22 22 Total Programs 11271 11141 4301 2531 175 Volunteer Hours Senior Center 830 765 65 Meals on Wheels 64 52 12 Total Volunteer Hours 894 817 77 Monthly Revenue Senior Center $ 2,939.50 $ 3,540.00 $ (600.50) Community Services $ 4,296.20 $ 3,108.00 $ 1,188.20 Rental Income $ 673.00 $ 135.00 $ 538.00 Total Revenue $ 7,908.70 $ 6,783.00 $ 1,125.70 Revenue Year to Date Senior Center $68,068.00 $34,467.91 $33,600.09 Community Services $70,534.90 $46,447.00 $24,087.90 Rental Income $9,072.50 $14,287.00 -$5,214.50 Total Revenue to Date $147,675.40 $95,201.91 $52,473.49 00w 35 Community Services Program Report for May 2000 2000 2000 1999 1999 2000 1999 Participants ITotal Participation Participants Total Participation Variance Meetings Meetings Leisure Classes Beg. Computers Mon. 10 40 0 0 40 4 0 Beg. Computers Tues. 7 35 0 0 35 5 0 Beg. Computers Wed. 9 45 0 0 45 5 0 French Conversation 16 80 0 0 80 5 0 Low Impact Aerobics 14 126 9 72 54 9 8 Internet Business 6 6 0 0 6 1 0 Int. Ballroom Dance 10 40 0 0 40 4 0 Totals 72 3721 91 721 3001 331 8 2000 2000 1999 1999 2000 1999 Participants Total Participation Participants Total Participation Variance Meetings Meetings Special Events Newport Beach Trip 7 7 0 0 7 1 0 Soccer League Finals 80 80 0 0 80 1 0 Algodonas Excursion 99 99 0 0 99 1 0 Totals 186 1861 01 01 1861 31 0 2000 2000 1999 1999 2000 1999 Participants Total Participation Participants Total Participation Variance Meetings Meetings Adult Sports Open Basketball M/T 90 90 50 50 40 9 9 Adult Soccer League 120 240 185 740 -500 2 4 Totals 210 330 235 790 -460 11 13 Recreation Totals 1 4681 8881 2441 8621 261 471 21 Page 2 003 Senior Center Attendance 2000 20009 1999 e ester Total TotalMeetings Participants farticipation Participation ariance 20001 1999, Senior Activities Bono's Mobile Office 2 2 0 0 2 1 0 Bridge, ACBL 203 203 180 180 23 5 4 Bridge, Duplicate/Social 343 343 293 293 50 12 12 Census 2000 81 81 0 0 81 n/a I n/a Golden Tones 68 68 0 0 68 61 0 Ice Cream Social 58 58 68 68 -10 51 4 Monthly Birthday Party 28 28 31 31 -3 1 1 Monthly Luncheon 66 66 84 84 -18 1 1 Movie Time 70 70 58 58 12 8 4 Putting Contest 6 6 12 12 -6 1 1 Seminars 16 16 98 98 -82 3 4 Step Out for Seniors 42 42 89 89 -47 1 1 Television Viewing 35 35 44 44 -9 n/a n/a Tennis 132 132 37 37 95 13 4 Senior Activity Total 1150 1150 994 994 156 57 36 Senior Leisure Courses Ballroom Dance 6 8 18 41 -33 4 5 Ceramics 10 33 12 42 -9 4 4 Computer 26 56 62 80 -24 11 10 Computer Tutor 17 17 0 0 17 17 0 Exercise 57 388 66 409 -21 18 16 Spanish Lessons 8 14 0 0 14 3 0 Senior Leisure Courses Total 124 516 158 572 -56 57 35 Senior Leisure Classes Arts and Crafts 19 19 18 18 1 4 4 Bridge Lessons 33 33 135 135 -102 6 8 Painting 16 16 14 14 2 5 4 Quilting 24 24 23 23 1 4 4 Tap Dance 30 30 0 0 30 5 0 Senior Leisure Classes Total 122 122 190 190 -68 241 20 TOTAL SENIOR PROGRAMS 1396 1788 1342 1756 32 138 91 Senior Services A.A.R.P. "55 Alive" 52 52 38 38 14 2 2 Ambassadors 80 80 58 58 22 n/a n/a Blood Pressure Check 47 47 40 40 7 5 4 FIND Food Distribution 414 414 454 454 -40 4 4 Information/Referral/Outreach 372 372 351 351 21 n/a n/a Legal Consultation 26 26 0 0 26 2 0 Medicare Consultation 20 20 0 0 20 n/a n/a Share Meetings/Sign-up 4 4 0 0 4 2 0 TOTAL SENIOR SERVICES 1015 1015 941 941 74 15 10 SENIOR CENTER TOTAL 2411 2803 2283 2697 106 153 101 Page 3 35.I 004 --r— DEPARTMENT REPORT: f'1 U I'+cauw�*m 4� tiS OF t1 TO: The Honorable Mayor and Members of the City Council FROM: Chris A. Vogt, Public Works Director/City Engineer DATE: June 20, 2000 RE: Public Works/Engineering Department Report for the Month of May 2000 Attached please find the following: 1. Summary of Citizen Request reports received; 2. Summary of Graffiti reports received; 3. Plan Check Applications received; 4. Encroachment Permits received; 5. List of Capital Improvement Project status; 6. Maintenance Report. Chris A. 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(D `y a) 'C a) L y 0 0 0 N a m d a) C a) E E E fl- c E E c E c EEO E vmi C9 ai O 0 m y 0 m 0 J m y cn ai 6-1 aU a y cn J UE L) C cm o -o E a> COm H U U a�i aCi � � = aCi = 6001 (D o� o ayi� �n U) LFU- S (n Y f A= U U Y w_ H U U cn to w O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N l j O_ N CD CO O N N N N N 361 005 MONTHLY PROJECT STATUS SUMMARY Capital Improvement Projects F/Y 1999/2000 May 2000 Project Name/No. Contract Complete Complete Scheduled Amount last to Date Construction Month Start/Completion City Entrance Monuments 98-05 $257,100 0% 99% August, May, 2000 Award 5/18/99 1999 Miles Ave/Washington St. $1,310,649 0% 100% Sept 21, Mar 12, 1999 Imprvmts / 98-07 Award 6/22/99 198 Washington St. Widening/ Ave 50 $2,428,700 5% 98% Sept, 1999 April, 2000 to Village Ctn. 98-09 Award 6/22/99 Rondo Drainage Channel, 98-11 $165,106 0% 0% April 2000 July, 2000 Award 3/7/00 Parc La Quinta Electrical Under $126,430 0% 100% Jan 1999 July 1999 grounding 98-14 Various Citywide Street $236,793 0% 95% Sept 1999 Mar 2000 Improvements, Signals, 98-15 Award 9/7/99 Fritz Burns Park/ Bear Creek Bike $219,807 0% 70% July 1999 July Path Retrofit/rest stops 98-16 2000 Avenue 50 Pavement $259,783 0% 100% Dec 1999 Feb 2000 Rehabilitation 98-17 Award 10/19/99 Ave 50 Median Landscape 99-01 $210,000 0% 100% July, 1999 Sept, 1999 Award 5/18/99 Jefferson Street Improvements $6,876,876 1 % 1 % April, 2000 March, 2001 HWY111 to Ave 54, 99-05 Award 6/29/99 Tampico, Sinaloa & Ave 52 iMedffian Landscape, 99-07 $346,211 Award 11/16/99 0% 95% Jan. , 2000 March, 2000 361 T:\PWDEPPCIPDIV\MPSSMST_REPOR'n2000\OOO5Mpsmst.wpd Revised 6✓5100 006 ��1��1111��11111111111111111111111111��11 3��IIII��IIi11111ii'III�IIIIIIIIIIIII��I�i33 �IIIIIII�;�IIII��IIiiI�111111�1��I�111111i; �III�I��III��IIIIIIi111111111�111111111�1�1i�� IIIII��IIIi�111111ii111111111�1111111111111i�7 9��II��IIIIIIi111111111�111111111��ii�� IiI��11��111111i111111111ii1111�1111��i�� 3�ii111��111��ii111111111i1111111�111�Iii�� IIIIIII��II��IIIIi111111111�11��111111111i�� IIIII; III ��IIIIii111111111�1111111111111i7; 3��I��I��IIIIIIii1111111111111111111��1�� i��111��111111i111111111�11111111111�11�� Qv�� a wc > o E E c 3 — 1° o o m v'z w a� v w L a cnU` o > m > m o w w y > c c c aoi N W m m m m m m m m m m m m m m m m m w m m N m m > > n o L > o— o m � o o c_ o 0 Z U O fl- m m rn � > •O- C ° C rn ayi � o m C C C O Fu Q r J 41 C 00 a' O a a N fn fn .� p C m N U i m N 7 L O W > y y _� N y y m N } C U N U 0 7 W o cr) C7 Y m m a U to in $ m to I F Iiq (7 LL F U c aoi m U F Department Report No: ('-W POLICE REPORT inside this issue: May Significant Activity Report School Resource Officer Reports for May La Quinta Target Team May Report April Crime Statistics Summary Special points of inter- est from the Crime Sta- tistic Summary: Vehicle Theft revarts remain below seasonal average. • For the fourth month in a row, reported burglaries declining from the December high. a µ, • Vandalism report scats high for the month of April: in- cludes singular Incident of multiple acts at a car dealer- ship. Non -Injury accidents continue an upward trend. APRYL/MAY 2000 Desert Dispatch serving La Quinta 24 hours a Day Riverside County Sheriff's Department PSAP (Public Safety Answering Pont) came to the Desert as a 24 hour operation in 1998. With a staff of 20 Public Safety Communica- tions Offioars, PSAP covers law enforcement and emergency calls from Whitewater to Desert Cen- ter to the Imperial County Line. Desert Dispatch is the PSAP point in the valley for all 914 calls except cellu- lar telephone calls which are routed to CHP. Dis- patchers receive an aver- age of one hundred and fifty 911 calls per day. Calls can be transferred to other agencies not con- tracted with the Sheriff's Department at the push of a button. Example agen- cies include, CHP, Animal Control, CDF, and the Po- lice Departments of Indio, Primary Radio with four computer screens Cathedral City, Palm Springs, and Desert Hot Springs. Tied into the 911 system is Coachella Valley Allied Ra- dio System (CVARS) -- a system used by all agen- cies for disasters or major incidents. Recently it has seen application in coordi- nating inter -agency vehicle pursuits. WARS provides a frequency that allows different agencies to talk to each other. CVARS is controlled and dispatched Police Watch on Legislation La Quinta Police through its partnership with the Sheriffs Office is currently monitoring the following bills which may Impact our operations: • AB1792-Disabled per- sons parking e A61809-Hate Crimes Registry • AB1868-Criminal His- tories e AB18974dentity theft remedies • SB1558-Forensic ser- vices cost recovery from the CHP station in Indio. Desert Dispatch has a minimum of two dispatch- ers on duty at all times. There are three "radio" stations: 1. Primary Radio 2. Backup Radio 3. Special Functions The Special Functions ra- dio is used for large events requiring a dedicated radio function. All radio transmissions and telephone calls are re- corded. LA QUINTA POLICE DEPARTMENT Significant Incidents / Highlights May, 2000 CALLS FOR SERVICE 04/29 (Sat) 40 05/17 (Wed) 35 04/30 (Sun) 26 05/18 (Thu) 37 05101 (Mon) 43 05/19 (Fri) 50 05/02 (rue) 40 05/20 (Sat) 49 05/03 (Wed) 45 05/21 (Sun) 32 05/04 (Thu) 36 05/22 (Mon) 46 05/05 (Fri) 36 05/23 (rue) 29 05/06 (Sat) 41 05/24 (Wed) 44 05/07 (Sun) 33 05/25 (Thu) 42 05/08 (Mon) 41 05/26 (Fri) 41 05/09 (rue) 48 05/27 (Sat) 36 05110 (Wed) 47 05/28 (Sun) 30 05/11 (Thu) 54 05/29 (Mon) 47 05/12 (Fri) 46 05/30 (rue) 59 05/13 (Sat) 42 05/31 (Wed) 05/14 (Sun) 25 05/15 (Mon) 76 05/16 (Tue) 51 TOTAL CALLS: 1347 (Averaging 42 calls per day for the reporting period) (Includes self -initiated activity and citations issued) SIGNIFICANT ACTIVITY 04/29 A non -injury, hit and run, traffic collision at Calle Nogales x Eisenhower Dr. The suspect vehicle, driven by a 27 year old Thermal man rear ended a second vehicle driven by his girlfriend. The suspect vehicle then struck a porch in the 52-000 block of Eisenhower. The suspect fled the scene and called 911 in order to report his vehicle stolen. The girlfriend initially lied, but later admitted her boyfriends involvement. 04/30 A non -injury traffic collision at Calle Colima x Ave. Ramirez. PCF, making an unsafe turn. An attempted burglary in the 54-000 block of Ave. Velasco. An unknown suspect threw a beer can through a window and entered the unoccupied residence. The house alarm activated and frightened away the suspect(s). A 29 year old La Quinta man was arrested for domestic violence in the 53-000 block of Ave. Diaz. The man was intoxicated and has a history of domestic violence. He struck his wife with a closed fist, causing trauma to the area around her eye (black eye). No medical attention was desired. 3f An attempted armed robbery (w/knife) was reported at the Fritz Burns park. Three La Quinta teenagers confronted two other La Quinta teens, brandished a knife and attempted to steal a skateboard. One of the two victims was knocked down, however, no medical attention was necessary. 05/01 An old, yet still active, no bail juvenile warrant was served on a 22 year old Indio woman. 05/02 An armed robbery at Calle Tampico x Eisenhower Drive. A 22 year old male was confronted by (5) white males. The suspects beat the victim and assaulted him with a stun -gun. The suspects fled on foot with the victims $23.00. The victim was treated at JFK Hospital for minor injuries. A vehicle burglary occurred at the Home Depot which involved work tools being taken from the cab area of a truck. 05/03 A non -injury traffic collision at Washington St. x Ave. 50. A 68 year old driver made an unsafe lane change while traveling SB on Washington. His vehicle struck a second SB vehicle and caused it to collide with a third vehicle which was stopped at the intersection. A drunk driving, evading arrest and resisting arrest at Calle Sinaloa x Eisenhower Drive. After failing to yield, the suspect driver fled from the vehicle and into his residence. The suspects father allowed officers inside and after a short physical altercation, the suspect was taken into custody. 05/04 A vehicle burglary in the 53-000 block of Ave. Diaz. The vehicle was locked, however, a rear window was partially open. An attempted vehicle theft in the 53-000 block of Calle Montezuma. The ignition switch was damaged. The car stereo, a Kenwood, was taken. A single vehicle traffic collision at Washington Street x Calle Tampico. A semi -tractor trailer, turning WB onto Tampico from SB Washington, sideswiped a traffic control signal head on the N/W corner. A burglary/ vehicle theft in the 52-000 block of Eisenhower Drive. A vacant residence, which was in escrow, was being used by the buyers to store a recently purchased Harley-Davidson motorcycle. The motorcycle was taken from the residence. 05/05 A report of numerous shots being heard in the area of Calle Nogales x Montezuma. Several rifle casings were found. No suspects were located. A 21 year old Los Angeles man was arrested at Washington Street x Calle Tampico for DUI. 05/06 A non -injury traffic collision in the 78-000 block of Bottlebrush. A 32 year old female was using a residential driveway to make a u-turn and struck a parked car. Cited for being unlicensed. A non -injury, hit and run traffic collision occurred at Ave. Bermudas x Calle Estado. No suspect leads available. PCF 22350vc. A non -injury collision in the Stater Bros. parking lot. 2 36U A burglary in the 53-000 block of Ave. Ramirez. Two bows and numerous razor tipped arrows were taken. No suspect leads. A felony violation of parole warrant arrest was made on a 23 year old Mecca man in the 53-000 block of Ave. Alvarado. The man was served with a misdemeanor warrant for being under the influence. 05/07 A commercial burglary at the Golden Spoon yogurt shop. Taken were two cash registers each containing $100.00. The registers were later found in the area of the Vista Dunes Mobile Home Park. 05/08 Nothing notable. 05/09 A vehicle was stolen from the 78-000 block of Bayberry. The vehicle was in the garage with the keys on the workbench. A 20 year old was contacted outside the La Quinta Liquor store by the La Quinta Target Team, with a recently purchase case of Budweiser beer. The minor admitted to purchasing the beer. The salesperson inside admitted to selling the beer believing the male was older than 21. Both will be charged. During a citizen contact, the La Quinta Target Team gathered information reference a possible DUI driver near Eisenhower Drive x Calle Sinaloa. The vehicle was located near the area and was stopped in the area of Sinaloa x Ave. Ramirez. The driver fled and after a short foot pursuit he was taken into custody. The male was identified as a possible suspect in a car to car shootout in Indio. Inside the vehicle was a loaded .380 caliber handgun, ammunition, a spent casing, an inert hand grenade, (2) twelve packs of beer and a fresh bullet hole in the windshield. While being booked into jail, he was found to be in possession of methamphetamine and marijuana. 05/10 A petty theft of a cellular phone, from a vehicle was reported in the 79-000 block of Diane. A non -injury traffic collision occurred near Westward Ho x Dune Palms. Driver 1 rear ended driver 2 who in turn hits driver 3. PCF 22350. 05111 A felony perjury warrant was served on a 34 year old La Quinta woman. A non -injury traffic collision occurred at Jefferson Street x Ave. 52 involving a 54 year old Los Angeles man and a 34 year old Thermal man. PCF 22450(a) 05/12 A non -injury traffic collision at Jefferson Street x Ave. 52. A 73 year old female was sideswiped by a semi -tractor. A reported child abuse at 46-000 Dune Palms. Victims are a 10 year old female and a 13 year old male. They were struck with belts, fists and kicked. The suspect is a step -father to them, who also abuses their mother. The suspect was gone when officers arrived. An emergency protective order was approved by Judge Hawkins. 3 3 05/13 A non -injury traffic collision at Miles Ave. x Seeley Drive. PCF 21658(a) vc. A minor injury traffic collision at Eisenhower Drive x Coachella Drive. PCF 21453(a)vc. 05/14 A battery at 46-000 Dune Palms between two La Quinta females. The fight arose during comments made about each others spouses. There were no serious injuries and no charges will be sought. 05/15 A non -injury traffic collision at Washington Street x Fred Waring Drive. PCF 22350vc. 05/16 A domestic violence occurred in the 52-000 block of Ave. Ramirez. The 30 year old male suspect punched his spouse in the chest, pushed her to the floor and pulled her hair. She does not desire prosecution and the suspect had left the scene before officers arrived. A 46 year old female was arrested at Walmart for shoplifting. An assault with a deadly weapon (a steak knife) occurred in the 54-000 block of Ave. Alvarado. A 24 year old male slashed the right forearm of his 16 year old sister. The suspect left the scene before officers arrived. 05/17 Simon Motors reported a stolen Cadillac Escalade. The vehicle was recovered in Thermal burned and partially stripped of components. A three car, non -injury traffic collision occurred at Dune Palms x S.R. 111. The PCF was 22350vc. A 12 year old was transported to Indio Mental Health reference threats made to harm himself with a knife. 05118 A non -injury traffic collision occurred at Calle Sinaloa x Ave. Bermudas. PCF 22350vc. A non -injury traffic collision occurred on Venice north of Naples. PCF 22106vc. A Desert Hot Springs man was arrested at Walmart for shoplifting. 05/19 The La Quinta traffic team assisted CDF with a vehicle fire at Ave. 53 x Monroe Street. Further investigation revealed that the car had been stolen from the City of Indio approximately (4) hours earlier. 05/20 A 41 year old, Palm Desert, man was arrested at the Beerhunter for public intoxication. Six incidents of vandalism were reported in the 52-600 block of Ave. Martinez. Unknown suspect(s) slashed tires on different vehicles parked in the street. A 49 year old, La Quinta, man was arrested at Walmart for shoplifting. A 46 year old, La Quinta, man was arrested at Chez Monique's for public intoxication. 4 36QP A drive -by shooting occurred in the 54-000 block of Eisenhower Drive. A 37 year old, Coachella, man who was acting as a caretaker for the property was struck by one of the bullets and was transported to JFK Hospital for treatment. There are no suspect leads and no known motive. 05/21 A prowler/trespassing incident reported in the 52-000 block of Eisenhower Drive. A female woke up and discovered a man in her kitchen. He stated that he was looking for his friend. She told him that she would help look and was able to flee the house and call for help. A burglary reported in the 45-000 block of Deerbrook. The homeowner found a Hispanic male inside his garage. The male fled to a Toyota truck and drove away. No license plate was noted. The resident later noticed his garage door opener and a large sum of cash missing from his vehicle. 05/22 Nothing notable reported. 05/23 A 44 year old sex registrant was arrested at Am/Pm for failure to register. His original conviction was for forced rape. 05/24 A 43 year old Indio woman was arrested at Walmart for shoplifting. 05/25 A 21 year old La Quinta man was arrested for driving under the influence at Washington St. x Eisenhower Drive. A 20 year old Clothestime employee was arrested for embezzling approximately $3,000.00 worth of clothing from the store since March. A report of an object (a sparkplug) being thrown from one vehicle at another, causing damage to the left rear window of victim vehicle. The suspect vehicle, a blue Gran Prix, was not located. A La Quinta woman reported that she heard noises from outside her residence at about 2:00 am. She turned on her exterior lights and heard someone running across a vacant lot on the south side of her house. The next morning she discovered a fence board broken and shoe impressions in the vicinity. A domestic violence report was made at the Dune Palms trailer park. The male broke off the rearview mirror and shifter knob of the female's vehicle and threw them from the car. He then grabbed her glasses from her face and threw them from the car. No injuries were observed. A request from West Covina P.D. was made, asking for a terrorist threat victim be contacted in the 52- 000 block of Ave. Carranza. The female reported her ex-husband was threatening to shoot her in the head and then shoot himself if she did not cease her attempts to collect a higher amount of child support. The victim claims that the suspect has numerous weapons, while the suspect claims to have none. West Covina will be filing the charges out -of -custody. 05/26 A non -injury traffic collision was reported at Calle Colima x Ave. Ramirez. The PCF of 21802(a) vc. 05/27 A 17 year old, unlicensed driver, was arrested at Dune Palms Road x S.R. 111. He was transported home and released. 363 A 17 year old Indio female was arrest on Calle Tampico for possession of methamphetamine. She was released to her parents. 05 28 A 35 year old La Quinta man was arrested for a parole violation in the 52-000 block of Ave. Martinez. A residential burglary was reported in the 52-000 block of Ave. Rubio. Two male suspects were arrested after residents discovered them inside the garage and called police. After their arrest, items of property, located in their possession, linked them to an earlier reported burglary on Ave. Alvarado, A 43 year old La Quinta man was arrest for domestic violence in the 51-000 block of Ave. Velasco. 05/29 A 31 year old La Quinta woman was arrested for domestic violence in the 78-000 block of Miles Ave. A drug related, felony arrest warrant was served in the 52-000 of Ave. Vallejo. 05/30 A 38 year old male was arrested at Fred Waring Drive x Jefferson Street for a parole violation warrant. Also arrested was a 35 year old female passenger, also on parole, for a misdemeanor warrant. A 45 year old Bermuda Dunes man was arrested for burglary and possession of a controlled substance. n 3 .t. 0 Riverside County Sheriffs Department La Quinta Target Team Monthly Report Deputy Thomas Brewster" and Deputy Edward Price The following is a summary of the Target Team activities for the month of March. Ongoing investigations 5 Citations Arrests/Filings 6 Surveillances Vehicle stops/checks 20 Property checks Business contacts 12 Civil commitments Investigation assists 5 Bicycle time Arrest warrants served 3 Training hours Arrest warrants attempted 4 Illegal drugs seized Programs 1 Pedestrian checks 37 Crime prevention hours 8 Bar checks 4 Total mileage: Back-ups 18 Follow-ups 14 Search warrants 0 Probation searches 3 Parole searches 3 Consent searches 43 Meetings 0 Recovered stolen property $0 1186 2 4 3 8 hrs 0 hrs 10 2 grams methamphetamine ARRESTS AND CRIMINAL FILINGS ➢ LQ minor arrested for purchasing alcoholic beverage LQ business owner charged with sale of alcoholic beverage to minor. ➢ LQ resident arrested for domestic violence. ➢ LQ resident charged with vandalism (gang graffiti) ➢ LQ parolee cited for handicapped parking violation. NOTEWORTHY ACCOMPLISHMENTS ➢ The Target Team observed a business and professions code violation at one of the cities businesses. The business and the minor were charged with alcohol related charges. ➢ The Target Team working on a citizen's information, located and stopped a DUI driver who fled on foot. The suspect was arrested and a subsequent search of his vehicle discovered a loaded firearm, a practice hand grenade, ammunition, alcohol and evidence of a shooting. Further investigation showed the suspects involvement in a drive by shooting in the City of Indio. ➢ The Target Team handled a domestic violence call and arrested the male suspect after assaulting his spouse. ➢ The Target Team is conducting investigations and surveillance at three residences in the La Quinta cove reference drug sales. Investigation continuing. ➢ The Target Team was able to identify a "South Side Indio" gang member using the moniker "Husky" in reference to a rash of graffiti occurring in the cove. Charges have been filed. ➢ The Target Team is continuing its documentation reference a presentation of the Crime Free Multi -Housing Program. ➢ The Target Team, working on information of gang activity in La Quinta, has begun a gang member intelligence book for the patrol officers' reference. The Target Team assisted patrol with calls for service during busy times. Prepared on 05/31 /00 by Dep. E. Price #2273 and Dep. T Brewster #2297 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT MAY 2000* SCHOOL: LA QUINTA HIGH SCHOOL Deputy: Randall Wedertz City Contract Position 6 Reports 0 Felony Arrest 8 Misdemeanor Reports 9 Citations 8 Traffic Stops 17 Pedestrian Checks 4 Juv. Probation Filings HIGHLIGHTS: During this reporting period, there has been an increase of student activity off campus. I initiated 46 pedestrian checks around the school, nearby housing tracts and the Wal- mart shopping center. During these checks, I have written twenty -citations for truancy and vehicle code violations. I also made four arrests for possession of marijuana and drug paraphernalia during these contacts. I assisted patrol in apprehending two burglary suspects in PGA West. At the time of this call, I was the only unit available to back up the assigned deputy. There was also was an increase in altercations on campus -- all subjects were detained and cases filed with the District Attorney's office. Due to the increased activity on and off campus pertaining to LQHS students, I cancelled the "Every 15 Minutes DUI" program. DEP. R. WEDERTZ #2346 *Actual reporting period covers April 21, 2000 thru May 19, 2000. 37 Fy CITY of LA QUINTA , MONTHLY SCHOOL RESOURCE OFFICER REPORT May 2000* SCHOOL. LA QUINTA MIDDLE SCHOOL Deputy: Stephen Morton RSO Grant Funded Position 6 Reports 2 Arrests 2 Citations 14 Pedestrian Checks 2 DA Filing HIGHLIGHTS: I conducted a laws program for several elementary classes at James Monroe School. I attended the monthly SARB attendance meeting. I attended several parent / student disciplinary meetings. I assisted the Indio Station K-9 unit with several classroom searches. I conducted a surveillance of an area where I received reports of possible drug sales. I made two arrests for truancy violations. I counseled several students regarding their classroom behavior. *Actual reporting period covers May 1, 2000 through May 22, 2000 SROs attend patrol briefings, participate in investigations with juvenile suspects, and attend the numerous school -related committee meetings. Their knowledge of student activities is invaluable to police efforts in juvenile crime prevention and apprehension. 37`3' CITY OF LA QIIINTA CRIME S TA TIST7CS SUMMARY APRIL 2000 CITY OF LA QUINTA APRIL CRIME COMPARISONS CRIME APRIL 2000 APRIL 1999 YTD (00) YTD (99) *HOMICIDE 0 0 0 0 *RAPE 2 0 6 1 SEX CRIMES (FEL) 1 1 3 8 SEX CRIMES (MISD) 4 1 9 2 ROBBERY 0 0 4 6 ASSAULT[' (FEL) 6 8 34 32 ASSAULT (MISD) 19 24 63 74 BURGLARY 24 21 125 92 *VEHICLE 'I HEFT 9 14 27 38 *THE FT (FEL) 23 14 75 +8 THEFT (MISD) 52 18 151 102 VANDALISM (MISD) 30 18 121 163 DOM. VIOLENCE 13 11 44 32 NARCOTICS 6 13 30 42 DUI 5 12 24 28 T/C NON4NJURY 46 26 183 131 T/C INJURY 5 4 21 16 T/C FATAL 0 0 2 0 TRAF F IC CITA`1` INS 186 228 769 10.9 * STATISTICS INCLUDE ATTEMPTS r z w CL 2 w 0 w 0 J CL Q J M N N � to A LL LL w rL w w 7 w m fq O W U 0. ;#rrr Q J o rn o rn � o N C) « 0 � N W F F W 1 m J Q Q` w 2 Q` IL UA 2 0 Ti 7071 z w Q a Lid 0 L W a H � 3 1 S3 I-W- z w 0. w 0 w U O a N LO C) LO Ir W W w U J J W F- O z QJ UUU C� F- o © a Q © a C' d' N O 00 CU Nr CV r r r c, r CITY OF LA QUINTA DISPATCH INFORMATION / MARCH 2O00 TYPE OF CALL RESPONSE TIME (MINUTES} NUMBER OF INCIDENTS CODE 1 ROUTINE 8 851 CODE 3 EMERGENCY 4 1 38-41 T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: June 20, 2000 Continued Public Hearing to Certify a Mitigated Negative Declaration of Environmental Impact, Approval of a Specific Plan, and Conditional Use Permit Allowing Festival Grounds, Parking Lots, Administrative and Classroom Building, and Ancillary Facilities on 28.33 + Acres Located on the West Side of Washington Street, Between 47t" Avenue and 481n Avenue. Applicant: La Quinta Arts Foundation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Negative Declaration of Environmental Impact for Environmental Assessment 2000-394; and Adopt a Resolution of the City Council approving Conditional Use Permit 2000-048, subject to the Findings and Conditions of Approval; and Adopt a Resolution of the City Council approving Specific Plan 2000-042, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The City Council held a public meeting on June 6, 2000, (Attachment 1) and continued the applications. At the hearing, the City Council considered testimony, both for and against the proposed project. The major issues addressed in the testimony, and the analysis of that testimony are summarized below. Light and Glare A comment was raised regarding the project's potential light and glare being similar C:\My Documents\WPDOCS\cccdiContArts Foundation.wpd r� r, in comparison to the light and glare at the Indian Wells Tennis Gardens. However, the tennis facility is a sports complex requiring in Stadium One overhead lighting as high as 110 feet above concourse level (140 feet above court level). Stadium Two and Stadium Three have lighting as high as 50 feet above concourse level. This is a significantly more light intensive use than that needed for the proposed Arts Foundation. The Arts Foundation proposed lighting program is less intensive in that only low height and intensity bollard lighting will be allowed within all parking areas. No temporary lighting using generators is proposed. Additionally, any other lights proposed within the project must comply with the City's Dark Sky Ordinance which will be reviewed under Site Development Permits per the approved Specific Plan. Security The bollard lighting, required as a condition of approval, within the parking lots will only need to be on during scheduled events. As proposed, the Art Festival grounds will be enclosed with a fence, the fence will be located at the base of the north side of landscaping berm. Access to the berm will be prohibited. The distance from the rear elevation of the Laguna de la Paz houses is 60 feet from the project perimeter, combined with the maximum 50-foot wide berm, this will create a 1 10-foot buffer from the Festival grounds. Additionally, gates are located on the only driveway leading to the artists parking area and will be locked when the parking lot is not in use. Land Use Consistency The Land Use Table 9-1 - Permitted Uses in Residential Districts, conditionally permits "museum or gallery displaying sculpture, artwork or crafts, including schools for the above on 20 acres or more." Other principle accessory temporary uses not listed in Table 9-1, but similar in nature are also authorized in accordance with the criteria listed in the Zoning Code Section 9.20.040 - Land Uses Not Listed. Both staff and Planning Commission have determined that uses proposed within the project site fall within the uses conditionally authorized by Table 9-1. The museum/gallery facilities typically include gift shops, classrooms, administrative office, indoor/outdoor displays of artwork, food service and theatre/amphitheatres/ auditoriums. All charge admission. Examples are the Palm Springs Desert Museum, Huntington Museum in Pasadena, the Getty Art Museum in Los Angeles, and the Kimberly Crest Mansion in Redlands. Circulation A complete traffic study was prepared for this project by a registered traffic engineer. The study analyzed the potential traffic impacts of this project based on Washington Street's current four lane configuration (i.e., two lanes in each direction). The traffic study prepared demonstrates that the ultimate six lane configuration (i.e., three lanes in each direction) is not needed along this entire segment to support the proposed C:\My Documents\WPDOCS\cccdiContArts Foundation.wpd project. Therefore, when the road is widened to six lanes it will further facilitate the flow of traffic on Washington Street. Aesthetics As illustrated in the line of site cross section from the adjacent Laguna de la Paz residential development, Exhibit 6 within the Specific Plan, visibility of the Festival grounds activities is reduced due to the differential between the existing house pad elevations and the proposed project. Additionally, as conditioned, all restroom facilities will be located a maximum of 300 feet away from the south project boundary. Noise The noise consultant, Douglas Eilar and Associates, submitted an analysis (Attachment 2) addressing the concern raised that no noise comparison could be given between the La Quinta Arts Festival 2000 and the proposed facility. The noise analysis states that proportionately the increased number of people attending musical performances and number of artist vendor pads will not significantly increase in noise levels due to proposed sound attenuation features. Project Request The project site is currently vacant, is located on the west side of Washington Street, between 47th and 48th Avenues. Immediately to the west are the Santa Rosa Mountains; to the north is Saint Francis of Assisi Catholic Church; to the south is the Laguna de la Paz residential development; and to the east, across Washington Street, is currently vacant land which was recently approved for medical office development. In addition to the Environmental Assessment, two applications have been made as part of this proposal. First, a Specific Plan of Land Use, which will guide the design and implementation of all facilities on the site. Second, a Conditional Use Permit has been requested, to allow for a "visual and performing art education facility consisting of art galleries, artist's (sic.) studios, classrooms, festival grounds, terraced performing arts venue, and other public amenities." The Specific Plan establishes standards for the development of: 1. Foundation building, up to 60,000 square feet, to include classrooms, library, artists' studios, office and meeting rooms 2. 4.4 acre Festival Grounds 3. 1.6 acre amphitheatre, 2,400 person capacity 4. Sculpture garden 5. 1,300 square foot box office 6. 1,500 square foot headquarters events building 7. Two restroom buildings, 1,500 square foot each C:\My Documents\WPDOCS\cccdiContArts Foundation.wpd 381,14 8. Parking lots 9. Native American Memorial The Specific Plan provides the design guidelines and standards which will guide the future development of the site. The Specific Plan requires that Site Development Permits be secured prior to the construction of any of the facilities described above. Based on concerns raised by the Foundation prior to the Planning Commission hearing, and the concurrence of the Planning Commission,. conditions of approval have been added which allow the Festival Grounds and General Parking lot to be constructed under the Specific Plan. The Specific Plan further details the potential architectural styles of the structures within the project area, and the types of materials which will be utilized. These will also be reviewed by the Planning Commission during the Site Development Permit process. The variations to the City's zoning standards, including signage, building height, operating hours, landscaping, parking and parking lot lighting are discussed individually below. The project proposes two access points: a primary driveway, located at the mid -point of the property, with right -in, right -out access only, and a secondary access point at the northern boundary of the project, also providing right -in, right -out access only. The primary drive accesses the public parking lots. The secondary access will provide access to the back of the site, including the artists' parking lot. Persons wishing to travel from the site north, will be required to exit the site, travel south, and make a U- turn at the intersection of Avenue 48 and Washington Street. The project will conform with most of the City's zoning ordinance development standards, including landscaping requirements. Standards which are proposed to vary from the Zoning Ordinance are discussed below. Site -specific design issues can be further reviewed and refined through the Site Development Permit process for individual land uses on the site, which will be required. The Specific Plan and Conditional Use Permit application include the future construction of the Foundation building, which will be the only large permanent structure on the site. Two potential architectural styles, and the associated appropriate elements and materials, are included in the Plan. The specific design of the building will be reviewed by the Planning Commission during the Site Development Permit process, at which time specific elements can be analyzed. The discussion in the Specific Plan makes repeated reference to a 60,000 square foot building "footprint" for the Foundation building. Since this could potentially result in a 120,000 square foot building (two stories), and the Foundation has previously stated that the intent is to have no more than 60,000 square feet within the building envelope, a condition of approval has been added which requires that the Specific Plan C:\My Documents\WPDOCS\cccdiContArts Foundation.wpd clarify that no more than 60,000 square feet of office and classroom space will be constructed on the site (No. 55). The Specific Plan includes provisions for temporary restroom facilities prior to the construction of permanent buildings for such use. The Specific Plan further states (page 24) that such temporary facilities will be located as close as 75 feet from the Laguna de la Paz property line. Environmental Assessment 00-394 found that such a location would potentially impact the residents. A condition of approval has been added which requires that temporary restrooms be located at the same minimum distance of 300 feet from that property line as permanent facilities (No. 58). The Specific Plan and Conditional Use Permit application include the future construction of an amphitheatre in the northwestern quadrant of the property. The design of the seating for the theatre will face southeasterly, toward the residential development, while the stage will face toward the hillside. This and mitigation measures required in EA 00-394 will ensure that noise levels in the quieter evening hours will not impact the residences at Laguna de la Paz or other sensitive receptors. Signage The most significant proposed variation from the Zoning Ordinance standards occurs for permitted signage on the site. The proposed Specific Plan allows up to 37 banners throughout the site, some on palm trees, some on buildings, and some on poles adjacent to the Washington Street right-of-way. The nature of the use, as a short term location for special events which will change often, lends itself to the use of such banners. In order to provide some assurance regarding the placement of these banners, however, a condition of approval has been added which requires that a banner plan, which identifies the location of all 37 potential banners on site, be submitted for approval with the grading permit (No. 62). Future minor use permits would then tier off this approval to ensure that the banners were properly placed for each event. The proposed banners would also be allowed to remain for twice as long after an event as is permitted in the Ordinance (14 days instead of 7 days). This extension of time does not appear to be excessive, and still ensures that such banners would not be up indefinitely. The Specific Plan does not specifically prohibit banners in the Washington Street right- of-way. A condition of approval has been added to modify the Specific Plan to clearly state that no banners will be permitted within the right-of-way (No. 61). Permanent signage at the project's central entry is proposed, but not described in the Specific Plan. The permanent signage will require Site Development Permit approval, as shown in condition of approval No. 52. Height of Buildings 3 8 u The proposed project conforms with the height limit in the residential zone (28'), with C:\My Documents\WPDOCS\cccdiContArts Foundation.wpd one exception. It is proposed that a campanile, tower or similar structure be allowable on the Foundation building. The Specific Plan proposes that an area of up to 20% of the main floor of the building could extend to 50 feet in height. Since the building footprint is not known at this time, it is not possible to determine what size this structure could potentially represent. Should the main floor of the Foundation building be 30,000 square feet (60,000 square feet evenly distributed on 2 floors) the tower structure could represent 6,000 square feet of space, or a structure 20 by 30 feet in length and width. Should the ground floor of the building be 45,000 square feet, the tower could cover an area of 9,000 square feet, or a structure 95 by 95 feet in length and width. Until such time as Site Development Permits are proposed for the proposed building, a condition of approval has been added (No. 56) which requires amendment of the Specific Plan to allow for up to 20% of the building footprint to exceed the height limit, subject to a line of sight analysis. Hours of Operation The Specific Plan proposes that activities throughout the site generally occur between 7 a.m. and midnight. In most areas of the site, this will represent a limited impact. However, the Specific Plan also states that loading and unloading in the artists' parking lot is allowed between these times. As identified in the Environmental Assessment, this has the potential to impact neighboring residents at Laguna de la Paz. A condition of approval has been added which requires that all such unloading occur during the same hours as construction activities, as allowed in the City's noise ordinance (Municipal Code Section 6.08.050). The "break down" of artists' booths shall be allowed until 10 PM (No. 57). Landscaping The Specific Plan proposes to provide landscaping in landscaped row ends in the public parking lots. The Plan further states that eventually, additional landscaping will be installed to meet the City's 50% shade requirement, but that such landscaping would not be installed in medians or other structure. Since the parking lots are to be decomposed granite, it could be possible to install trees in the middle of the parking rows, without separation from the parking areas themselves. This, however, is likely to result in both unhealthy trees and damaged vehicles. A condition of approval has been added which requires that landscaped medians be depicted in the Site Development Permit applications for any parking lot, and that the phasing of the plantings be approved as part of the permitting process (No. 64). Berming is proposed along the entire southern boundary, at varying heights. The Specific Plan text refers to berming along the southern property line adjacent to the Festival grounds at 3 to 4 feet in height above the top of the Laguna de la Paz wall. The second graphic provided in Exhibit 6 of the- Specific Plan (between Pages 41 and 42), however, shows that the berm will extend 7.5 feet above the top of the wall. The 3 87 visual and noise impacts to the residences is directly related to line of site. Noise C:\My Documents\WPDOCS\cccdiContArts Foundation.wpd 0 particularly is attenuated when physically blocked from the potentially impacted location. The inconsistencies between the text and exhibit of the Specific Plan, and the need to mitigate noise and visual impacts, resulted in the addition of a condition of approval which requires that the Specific Plan text be amended, and that the Site Development Permit application demonstrate that the height of the proposed berming will effectively block the line of site to the grounds and the noise impacts (No. 68). Parking The Specific Plan reduces the standard for the number of parking spaces required, and provides analysis to this end. Although the parking reduction is justified adequately for guest and public parking, the artists' parking lot provides 261 parking stalls for 380 artists' booths. A condition of approval has been added which requires that the capacity of the artists' parking lot be increased to 380, or by adding 100 parallel parking spaces along the rear access road, to meet the capacity of the Festival grounds (No. 67). The Specific Plan also proposes to reduce both the parking stall standard and the driveway standard for the site. Parking stall size is proposed to be reduced to 18 feet in length, while driveway widths would be reduced from 26 feet to 24 feet. The Plan further proposes to eliminate the requirement for extra width on end stalls (from 11 to 9 feet). Although staff can support the reduction in length and driveway width, the end stalls, as proposed on the site plan, do require the extra width, particularly since so little room is provided from the end stalls on the west end of the parking lot to the edge of the lot itself. Maneuverability will be an issue if these stalls are not 11 feet. A condition of approval has been added to provide for 11 foot wide end stalls throughout (No. 66). Finally, in order to minimize air quality and noise impacts, the mitigation measures included in EA 00-394 require that all events at the project site first fill the northern half of the General Parking Lot, so that the southern half, which occurs closest to the residences, is used less often. Parking Lot Lighting The City requires that all parking lots provide one foot candle of light throughout. The proposed Specific Plan, in order to achieve this, proposes the installation of lighting on electrical lines, running parallel to the ground along the vertical axis of each row or double row of parking. Such suspended lighting would be secured at each end of the row by decorative poles. Staff is concerned that such a lighting plan will neither be practical in the significant winds experienced in the City, or consistent with the high quality of development required of such a significant property in the City. A condition of approval has been added that the Specific Plan be modified to require either temporary lighting on portable poles, or permanent lighting to City standards, to be 383 C:\My Documents\WPDOCS\cccdiContArts Foundation.wpd 07 determined through the Site Development Permit or grading permit for the parking lots (No. 65). Public Notice: This application was advertised in the Desert Sun newspaper on May 15, 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 Charter and Municipal Code. Public Agency Review: All written comments received are on file with the Community Development Department. All applicable agency comments received have been made part of the Conditions of Approval for this case. Planning Commission Review The Planning Commission held a public hearing for this item on May 23, 2000, (Attachment 3) . At that hearing, the Planning Commission considered considerable testimony, both for and against the proposed project. The issues addressed in the testimony, and the analysis of that testimony are summarized below. General Plan and Zoning Ordinance Consistency The City of La Quinta has had a tradition since its incorporation of embracing the arts, as clearly stated by a number of speakers. Not surprisingly, the City has carried this concept forward in its General Plan and Zoning Code. The City's official land use vision includes the objective of focusing future land use decisions on, among other things, the recognition of "the culturally -oriented attitude of its residents." (General Plan, p. 2-3). In order to implement this and the other policies of the General Plan, the Land Use Element provides for the preparation and adoption of a comprehensive zoning ordinance, which creates "a contemporary ordinance which properly responds to current and future development proposals and accurately depicts General Plan land use development policies." (General Plan, p. 2-21, Implementation Measure 3.0). The City has adopted such a zoning ordinance, which the City specifically found was consistent with the goals, objectives and policies of the General Plan. This finding of consistency between the General Plan and the zoning ordinance has never been challenged, and must now be considered conclusive. The zoning code specifically provides for the advancement of culturally -oriented land uses such as museums, galleries, art displays, and art schools, by permitting such uses within any district in the City, provided that findings of (1) compatibility, (2) consistency with the goals, policies and objectives of the General Plan, (3) no detriment to the public health, safety and general welfare of La Quinta's residents, and (4) suitability of the site (which must be at least 20 acres) for the proposed use ( Zoning Code, Table 401 and Section 9.240). As set forth in this report, these findings can be made. Thus, provided that the Council feels it is appropriate to make the findings required by Section 9.240 of the Zoning Code, approval of the project would not be inconsistent with the General Plan. 383 W C:\My Documents\WPDOCS\cccdiContArts Foundation.wpd Noise The noise analysis performed for the proposed project was completed using a combination of noise monitoring at the 2000 La Quinta Arts Festival, and computer modeling projecting conditions at the project site. The purpose of the noise monitoring was to establish parameters based on actual conditions. That monitoring effort was then applied, through the modeling effort, to the proposed project site and the type nd number of events planned for that site. The monitoring resulted in a number of mitigation measures, which were incorporated into both the Addendum to the Environmental Assessment, and the Conditions of Approval reviewed by the Planning Commission. They include berming on the south property line, orientation of public address and speaker systems in a northerly direction, limitations on hours of operation, and the use of the northerly general parking lot as the primary parking lot. Noise impacts from the proposed site can be mitigated through the implementation of these mitigation measures and conditions of approval. Light & Glare Lighting at the Festival grounds and in the parking lots was of concern. A number of factors mitigate this concern. First, lighting within the parking lot was conditioned by the Planning Commission to be bollard -height or similar. This provides particularly effective light screening in this case, since the parking lot will be depressed several feet from surrounding grades. The depression of the parking lot will also, in combination with the berming along the southern property line, mitigate impacts of car headlights on the adjacent residential development. Secondly, the lighting requirements of the City are stringent in their application of low levels of light which do not affect surrounding properties. Lighting within the Festival grounds is also limited, and shall be angled away from the southerly property. Finally, the location of the amphitheatre, and the fact that the stage faces in a north-westerly direction, mitigates any potential glare to the residential properties to the south. Air Quality The impacts of automobile emissions was stated as a concern. The Environmental Assessment (EA), however, clearly demonstrates that during the largest potential event at the project site (almost 9,000 vehicles per day), none of the South Coast Air Quality Management District's thresholds will be exceeded. The impacts of the proposed project on air quality have been shown in the EA not to be significant. In regards to the potential air quality impact of the dust generated by the decomposed granite parking lot, a discussion of the stabilizers used to prevent such dust is included in Appendix A of the Specific Plan. The project will also be required to comply with the City's PM 10 management plan requirements. Traffic Congestion The impacts of large numbers of vehicles on Washington Street was stated as a h r concern. The traffic impact analysis performed for the proposed project clearly states` CAMy Documents\WPDOCS\cccdiContArts Foundation.wpd ` - 09 that the greatest impacts to the circulation system will occur during evening events (daytime events have a more even coming and going of attendees). Specifically, the end of a concert or other performance will result in all attendees exiting the project site at one time. The impacts associated with this concentration, however, resulted in a mitigation measure being included in the traffic study and the EA which requires that the Foundation employ traffic control officers for these events. This mitigation measure will effectively limit the impacts of traffic congestion from the project site. Aesthetic Blight A concern was raised regarding the impacts of the Foundation building, which could include a 50 foot tower. The Specific Plan does not provide detail of the future Foundation building. It establishes standards for the construction of the building, which requires the processing of a Site Development Permit. The project has further been conditioned to include a line of sight study as part of that Site Development Permit, in order to determine, at the time that specific building plans exist, what the potential impacts of the building will be. Should significant impacts be identified, the City will have the opportunity at that time to apply specific conditions of approval to mitigate these impacts. Water Contamination A concern was raised that the lake at Laguna de la Paz could be contaminated by the chemicals generated from the site -- specifically oils and other chemicals deposited on parking lot surfaces by vehicles at the site. The City, however, complies with all requirements related to the effective "cleaning" of surface water runoff, as required. The project includes conditions of approval which require that the retention system be designed to meet all these standards. As an additional point of information, several analyses have shown that decomposed granite (the type of parking lot coverage proposed for the general parking lot) is effective in dissipating pollutants found in parking lots. The potential for migration of pollutants from the project site to the Laguna de la Paz well has therefore been mitigated. FINDINGS AND ALTERNATIVES: The findings necessary to approve this request can be made, and are included in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Negative Declaration of Environmental Impact for Environmental Assessment 2000-394; and Adopt a Resolution of the City Council approving Conditional Use Permit 2000- 048, subject to the Findings and Conditions of Approval; and Adopt a Resolution of the City Council approving Specific Plan 2000-042, 3 subject to the Findings and Conditions of Approval; or �I C:\My Documents\WPDOCS\cccdiContArts Foundation.wpd - L 2. Do not adopt a Resolution of the City Council Certifying a Negative Declaration of Environmental Impact for Environmental Assessment 2000-394, or approving Conditional Use Permit 2000-048, or approving Specific Plan 2000-042; or 3. Remand the applications back to the Planning Commission for further consideration; or 4. Continue the request and provide staff with direction. Respectfully submitted, a Christine di lono Planning Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City Council Minutes of June 6, 2000 2. Letter from Douglas Eilar and Associates in response to comments on Noise Issues 3. Planning Commission Minutes of May 23, 2000 39 11 CAMy Documents\WPDOCS\cccdiContArts Foundation.wpd RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2000-394 PREPARED FOR SPECIFIC PLAN 2000-042 AND CONDITIONAL USE PERMIT 2000-048 ENVIRONMENTAL ASSESSMENT 2000-394 APPLICANT: LA QUINTA ARTS FOUNDATION WHEREAS, the City Council of the City of La Quinta, California, did on the 20th day of June, 2000, hold a duly noticed Public Hearing to consider Environmental Assessment 2000-394 prepared for Specific Plan 2000-042 and Conditional Use Permit 2000-048, located on the west side of Washington Street between 47th Avenue and 48th Avenue; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of May, 2000 hold a duly -noticed Public Hearing to consider Environmental Assessment 2000-394 prepared for Specific Plan 2000-042 and Conditional Use Permit 2000-048, located on the west side of Washington Street between 47th Avenue and 48th Avenue, more particularly described as follows: ASSESSOR'S PARCEL NUMBER: 643-090-024 WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2000-394) and has determined that although the proposed Specific Plan 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 a part of the assessment and included in the Conditions of Approval for Specific Plan 2000-042, and a Mitigated Negative Declaration of Environmental Impact should be filed, and, WHEREAS, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 1 . The proposed Specific Plan 2000-042 and Conditional Use Permit 2000-048 will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigable impacts were identified by Environmental Assessment 2000-394. C:\My Documents\WPDOCS\CCResoArtsEA.wpd 39 ` 12 City Council Resolution 2000- La Quinta Arts Foundation Environmental Assessment 2000-394 2. The proposed Specific Plan 2000-042 and Conditional Use Permit 2000-048 will not have the potential to degrade the quality of the environment, substantially reduce the habitat of 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 rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. There is no evidence before the City that the proposed project will have potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed Specific Plan 2000-042 and Conditional Use Permit 2000-048 do not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed Specific Plan 2000-042 and Conditional Use Permit 2000-048 will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity. 6. The proposed Specific Plan 2000-042 and Conditional Use Permit 2000-048 will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no evidence to show that State mandated school fees will not be adequate to address impacts to school facilities, in that the Specific Plan, as proposed, does not affect the current land use as it would be assessed at time of development, whether or not the project was implemented. 8. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect setforth in 14 CAL Code Regulations §753.5(d). 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 constitute the findings of the City Council for this Environmental Assessment. 13 3 9► j C:\My Documents\WPDOCS\CCResoArtsEA.wpd City Council Resolution 2000- La Quinta Arts Foundation Environmental Assessment 2000-394 2. That it does hereby certify Environmental Assessment 2000-394 for the reasons set forth in the Resolution and as stated in the Environmental Assessment Checklist and Addendum on file in the Community Development Department. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of June, 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, California 39 1 C:\My Documents\WPDOCS\CCResoArtsEA.wpd Environmental Checklist Form 1. Project Title: Specific Plan 2000-042, Conditional Use Permit 2000-048 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Christine di Iorio, 760-777-7125 4. Project Location: West side of Washington Street, between 47th and 48th Avenues. 5. Project Sponsor's Name and Address: La Quinta Arts Foundation P. O. Box 777 La Quinta, CA 92253 6. General Plan Designation: Low Density Residential 7. Zoning: Low Density Residential 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.) Specific Plan to establish development standards for the eventual construction of art festival displays, parking, a 60,000 square foot office and education building, a performing arts amphitheatre, restrooms, a ticket/entry area and associated facilities. The Conditional Use Permit will allow the use of the property for art galleries and educational purposes. 9. Surrounding Lane Uses and Setting: Briefly describe the project's surroundings. North: St. Francis of Assissi Catholic Church South: Laguna de la Paz, Low Density Residential development East: Washington Street, Vacant desert lands West: Santa Rosa Mountains 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District CAMy Documents\WPDOCSTA CkLst Arts F.wpd 3sU 15 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 Biological Resources Cultural Resources Geology and Soils Hazards and Hazardous Materials Hydrology and Water Quality Land Use Planning Mineral Resources Noise Population and Housing Determination (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 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. 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. 04" U W /, �, Signature JERRY HERMAN Printed Name Date CITY OF LA QUINTA For 0 I� 39 is C:\My Documents\WPDOCSTA CkLst Arts F.wpd 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 CAMy Documents\WPDOCSTA CkLst Arts F.wpd 39 17 Sample question: Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? (General Plan Exhibit CIR-5) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (General Plan EIR, page 5-12 ff.) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials) 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 on -agricultural use? (Master Environmental Assessment 5-29, 5-32) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) 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? (Aerial photographs) 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: Potentially Significant Impact Potentially Significant Unless Mitigated X X V-1 Less Than Significant No Impact Impact 1► t P. KI 39 CAMy Documents\WPDOCS\EA Clilst Arts F.wpd is a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) 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) d) Expose sensitive receptors to substantial pollutant concentrations? (Specific Plan Project Descr.) e) Create objectionable odors affecting a substantial number of people? (Specific Plan Project Descr.) IV. BIOLOGICAL RESOURCES: Would the project: a) 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? (Biological Assessment, James Cornett, April, 1999) b) 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? (Biological Assessment, James Cornett, April, 1999) c) 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? (Biological Assessment, James Cornett, April, 1999) d) 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? (Biological Assessment, James Cornett, April, 1999) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (La Quinta Municipal Code; General Plan) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment 5-5) X X X X X X X X X X X IuU- C:\My Documents\WPDOCSTA CkLst Arts F.wpd 19 V. CULTURAL RESOURCES: Would the project: 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? (ASM Affiliates, Archaeological Investigation, April, 2000) 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)? (ASM Affiliates, Archaeological Investigation, April, 2000) c) Disturb or destroy a unique paleontological resource or site? (Paleontology Lakebed Map) d) Disturb any human remains, including those interred outside of formal cemeteries? (ASM Affiliates, Archaeological Investigation, April, 2000) 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? (General Plan EIR, Exhibit 4.2-3, page 4-35) ii) Strong seismic ground shaking? (General Plan EIR, page 4-30 ff.) iii) Seismic -related ground failure, including liquefaction? (General Plan EIR, page 4-30 ff.) iv) Landslides? (General Plan EIR, page 4-30 ff.) b) Result in substantial soil erosion or the loss of topsoil? (Soil Engineering Report, Earth Systems Consultants, January, 1999) c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (Soil Engineering Report, Earth Systems Consultants, January, 1999) C:\My Documents\WPDOCS\EA CkLst Arts F.wpd Vi X X X 49e Ws d) Be. located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Soil Engineering Report, Earth Systems Consultants, January, 1999) e)Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (Master Environmental Assessment 5-32) 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) 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) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application Materials) 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? (Riverside County Hazardous Materials Listing) 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? (General Plan land use map) f) 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? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Master Environmental Assessment 6-11) 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? (General Plan land use map) KI M X X X X X X X X VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (Master Environmental Assessment 6-26, 6-27) X CAMy Documents\WPDOCSTA CkLst Arts F.wpd 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? (General Plan EIR, page 4-57 ff.) 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? (Specific Plan Hydrology Study) 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? (Specific Plan Hydrology Study) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control ? (Specific Plan Hydrology Study) 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 6-13) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment 6-13) IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Specific Plan Project Description) 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? (Master Environmental Assessment 2-11) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment 5- 5) X. MINERAL RESOURCES: Would the project: X X X X X X 01 ►91 X 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 5-29) X C:\My Documents\WPDOCSTA CkLst Arts F.wpd j 11 8 rj�J4-4 XI. XII. 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 5-29) X 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? (Douglas Eilar & Associates, Acoustical Analysis, April, 2000) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (Douglas Eilar & Associates, Acoustical Analysis, April, 2000) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Douglas Eilar & Associates, Acoustical Analysis, April, 2000) d) 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? (Master Environmental Assessment) e) 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? (General Plan map) POPULATION AND HOUSING: Would the project: 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) ? (General Plan, page 2-14) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application Materials; site visit) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application Materials; site visit) XIII. PUBLIC SERVICES a) Would the project result in 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? (General Plan MEA, page 4-3 ff. ) Police protection? (General Plan MEA, page 4-3 ff. ) M X X /2 X X W X CAMy Documents\WPDOCS\EA CkLst Arts F.wp& 61 23 Schools? (General Plan MEA, page 41-9 ff. ) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, page 4-14 ff. ) XIV. 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) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application Materials) XV. 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)? (Korve Engineering, Traffic Analysis, November, 1999) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Korve Engineering, Traffic Analysis, November, 1999) 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? (Korve Engineering, Traffic Analysis, November, 1999) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Korve Engineering, Traffic Analysis, November, 1999) e) Result in inadequate emergency access? (Application Materials) f) Result in inadequate parking capacity? (Application Materials) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks) ? (Korve Engineering, Traffic Analysis, November, 1999) XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: X X X FN X X X X X X X X a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, page 4-24 X W�7 C:\My Documents\WPDOCSTA CkLst Arts F.wpd 10 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? (General Plan MEA, page 4-24 ) 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? (General Plan MEA, page 4-27) - d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, page 4-20) 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? (General Plan MEA, page 4-20) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs?(General Plan MEA, page 4-28) 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? ( ) b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? ( ) 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)? ( ) d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ( ) 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. 94 1q X X X N. 91 Gi C:\My DocumentAWPDOCSTA CkLst Arts F.wpd it a) Earlier analyses used. Identify earlier analyses and state where they are available for review. No earlier analyses specific to this project site have been used. 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. Not applicable. 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. See attached Addendum. CAMy Documents\WPDOCSTA CkLst Arts F.wpd 12 _ SOURCES: Master Environmental Assessment, City of La Quinta General Plan 1992. SCAQMD CEQA Handbook. General Plan, City of La Quinta, 1992. Paleontological Lakebed Delineation Map, City of La Quinta. City of La Quinta Municipal Code 4C) o. C:\My Documents\WPDOCSTA CkLst Arts F.wpd 13 Addendum to Environmental Checklist, EA 2000-394 I. a) Washington Street is designated a Primary Image Corridor in the City's General Plan. This designation ensures that special setback standards and landscaping are included in project development. The Specific Plan and Site Plan show that the project proponent will meet the City's standards for both landscaping and setbacks, thereby reducing the potential impacts to a level of insignificance. a), c) & d) The project site is currently vacant desert land. The construction of the proposed project, and installation of parking lot and festival ground lighting, will therefore have an impact, both on- and off -site. The Specific Plan includes the use of portable light standards for evening events only in parking areas. The Specific Plan further states that the City's standards for lighting will be adhered to. The closest point from a parking area to the boundary of Laguna de la Paz is approximately 40 feet. This distance is comprised of landscaping and berming, which will serve to obstruct lighting from the site. Finally, the parking areas are proposed to be 2 to 3 feet below the grade of the adjacent residential development, which will lower the level of headlights within the parking lots. With the implementation of the following mitigation measures, the impacts from light and glare should be reduced to a less than significant level. 1. All lighting on light standards, whether portable or permanent, shall be angled downward, so as not to illuminate adjacent land uses. 2. All lighting on the project site shall conform to the City's Zoning Ordinance. 3. Lighting on the festival grounds for evening events shall be angled away from residential development to the south and from the hillsides, and shall not be located any closer than 50 feet from the southern property boundary. II. a) & c) The site of the proposed project is not used for agricultural purposes. 111. c) & d) The traffic analysis for the project site states that average daily attendance at the site can be expected to be between 120 to 250 persons, including staff and visitors. The emissions from the vehicles which enter and leave the site on a daily basis will not constitute a significant impact. of C:\My Documents\WPDOMEA Arts F Addendum.WP63_wpd ri+. ,J l `� The Specific Plan states that during a major event (of which there will be 5 a year), 9,000 people will attend in one day, at an average of 2.2 persons per vehicle'. This, combined with volunteer, staff and artists' trips, could result in more than 8,500 trips per day being generated at the project site (4,250 to the site and 4,250 from the site). The primary source of pollutants at the project site will be vehicular emissions. The South Coast Air Quality Management District (SCAQMD) has established standards and formulas by which vehicular emissions can be estimated. SCAQMD standards are based on daily thresholds, which, as demonstrated in the table below, will not be exceeded even during major events. Running Exhaust Emissions (pounds/day) PM10 PM10 PM10 CO ROC NOx Exhaust Brakes Tires 50 mph 351.3 13.5 72.1 Daily Threshold* 550 75 100 0.0 1.5 1.5 150 Based on 8,500 trips/day and average trip length of 8.0 miles, using EMFAC7G Model provided by California Air Resources Board. Assumes catalytic light autos at 75°F. * Operational thresholds provided by SCAQMD for assistance in determining the significance of a project. The Table demonstrates that the emissions from a major event at the project site will not exceed thresholds for significance. Therefore, it is assumed that medium (5,000 people) events are not expected to exceed the SCAQMD standards. The grading process is expected to occur in one phase, and is expected to take approximately 30 working days. The process will require two scrapers, one wheeled bulldozer and one water truck, each of which will operate for approximately eight hours per day. The following table describes the PM10 emissions expected to occur during the grading process, and demonstrates that grading is not expected to generate PM10 emissions which exceed SCAQMD's construction emissions thresholds. "La Quinta Arts Foundation Specific Plan," prepared by Warner Engineering, April, 2000. f n C:\My Documents\WPDOCS\EA Arts F Addendum.WPawpd Construction -Related PM 10 Emissions (pounds) Project Generated Emissions SCAQMD Thresholds Daily 9.96 Quarterly 298.8 150 13,500 Source: Table A9-8-A, and page 6-4, "CEQA Air Quality Handbook," South Coast Air Quality Management District, 1993. The Coachella Valley has in the past been a non -attainment area for PM 10 (particulate matter of 10 microns or smaller). Recent analysis by SQAQMD has determined that the Valley has reached attainment, and a redesignation is pending. In order to control PM 10, the City has imposed standards and requirements on development to control dust. SCAQMD also suggests mitigation for vehicular emissions, which are integrated into the following mitigation measures: 1 . No earth moving activity shall be undertaken without the review and approval of a PM 10 Management Plan. The applicant shall submit same to the City Engineer for each earth moving activity. 2. A PM 10 Management Plan shall be prepared by the applicant for the maintenance of the parking areas and festival grounds. Said management plan shall be reviewed and approved by the City Engineer prior to the initiation of the first public event on the project site. 3. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 4. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 5. Construction personnel shall be informed of ride sharing and transit opportunities. 6. Construction parking and heavy equipment storage shall be located on the north property boundary. 7. Cut and fill quantities will be balanced on site. 8. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. C:\My Documents\WPDOCS\EA Arts F Addendum.WP63wpd 30 4 .0 9. Watering of the site or other soil stabilization method shall be employed on an on -going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 10. All disturbed areas shall be treated to prevent erosion until the site is constructed upon. Pad sites which are to remain undeveloped shall be seeded with either a desert wildflower mix or grass seed. 11. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. 12. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 13. Construction roads other than temporary access roads shall be paved as soon as possible, and once paved shall be cleaned after each work day. All unpaved roads shall be posted with a 15 mile per hour speed limit. 14. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 15. All buildings on the project site shall conform to energy use guidelines in Title 24 of the California Administrative Code. 16. The project shall provide for non -motorized transportation facilities and shall implement all feasible measures to encourage the use of alternate transportation measures. 17. Bicycle racks and/or other mandated alternative transportation provisions shall be included in project design, in conformance with City ordinances in effect at the time of development. 18. Low pressure sodium vapor lights shall be considered to reduce power plant emissions. 19. The project proponent shall comply with all applicable SCAQMD Rules and Regulations. With the implementation of these mitigation measures, the impacts to air quality from the proposed project will not be significant. Moreover, Improvements in technology which are likely to reduce impacts, particularly from motor vehicles or the transit route improvements in the future which may occur at the project site are not included in the analysis. Further, the air quality impacts from th� .� C:\My Documents\WPDOCS\EA Arts F Addendum.WPe�wpd 31 proposed project falls within what was studied in the General Plan EIR. The City determined at that time that air quality impacts associated with the buildout of the City required a Statement of Overriding Considerations, which determined that the impacts to air quality of development of the Plan would be cumulatively significant when considered in conjunction with regional development, and that the City would implement all feasible measures to reduce emissions within its boundaries. In conclusion, neither the construction nor the operation of the proposed project, therefore, is not expected to have a significant impact on air quality resources. IV. a), b) d) & f) A biological resource study was prepared for the proposed project by James W. Cornett'. In addition, an Interim Biological Review, as provided in the Memorandum of Understanding for the Multi -Species Habitat Conservation Plan, was held on April 17, 2000. Finally, an on -site investigation specifically to detect the occurrence of Coachella Valley Milk Vetch was conducted on April 20 and 21, 20003. The biological resource analysis, which included on -site surveying of the project site, found that the. Palm Springs ground squirrel does occur on site. The Coachella Valley fringe -toed lizard, desert tortoise and the flat -tailed horned lizard were not detected. Peninsular bighorn sheep are not believed to be present on the site. No invertebrate analysis was performed on the project site. The proposed project will result in the loss of 28 acres of desert habitat, including several mesquite hummocks. The project site is, however, isolated and already impacted by urban development, including development to the north, south and east, and illegal dumping activities which have occurred on -site. The proposed project occurs within the boundaries of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. As such, the project proponent shall be required to contribute $100 per acre to the appropriate agency for the purchase of off -site habitat. Based on the biological resource analysis, the consultation with the California Department of Fish and Game and U. S. Fish and Wildlife Service and the milk vetch investigation conducted on this site, the following mitigation measures shall be implemented: 2 'Biological Assessment and Impact Analysis," prepared by James W. Cornett, April, 1999. 3 Letter report from James W. Cornett, April 24, 2000. C:\My Documents\WPDOCS\EA Arts F Addendum.WP65wpd .� 1 . Bighorn Sheep Fencing. The Foundation shall actively and on an on -going basis monitor the project site any signs that bighorn sheep are entering the site. The Foundation shall request a list of indicators used to identify sheep presence from DFG prior to grading of the site. The Foundation shall take steps to ensure that any observations of bighorn sheep on or near the project site are reported to DFG and the City immediately. If information suggests that bighorn sheep are entering the project site, the Foundation shall construct, at its expense, an 8-foot fence between the development and the hillside. The fence shall not contain gaps of greater than 11 centimeters (4.3 inches). The Foundation shall notify DFG immediately upon receipt of the information suggesting that bighorn sheep are entering onto the project site, and seek any further guidance DFG has to offer regarding the construction of the fence. The fence shall be constructed within three months of the receipt of information suggesting that bighorn sheep are entering onto the project site. If requested to do so by DFG, the Foundation shall, at its expense, construct temporary fencing to the specifications of DFG to prevent bighorn sheep from entering the project site pending construction of the fence. Any and all fencing constructed will be subject to the City's Hillside Conservation Overlay District. 2. Pesticides. The Foundation shall submit a plan, approved by a biologist, which demonstrates that all pesticides, fungicides, herbicides, and fertilizers used on the site will not be harmful wildlife. 3. Lights. The Foundation shall submit a lighting plan to the City for review and approval. The plan shall avoid the illumination of the hillsides adjacent to the project site. All exterior lighting shall be aimed away from the hillside. 4. Landscaping. The Foundation shall prepare and submit for approval a landscaping plan which will not expose wildlife to toxic materials. All exotic or toxic plans, such as Oleander and Prunis, and plants which are known to invade or degrade bighorn sheep habitat, such as tamarisk, fountain grass, shall be strictly prohibited. The landscape plan shall be approved by a certified biologist, which approval shall state that the proposed landscape materials are not known to be harmful to wildlife. 5. 2081 Permit. If required by law to do so, the Foundation shall obtain a 2081 permit from CDFG. C:\My Documents\WPDOCS\EA Arts F Addendum.WP66wpd l 6. No connection to hillside trails. The Foundation shall design its project so as not to facilitate persons to enter onto the hillsides from the project site. To the extent that any portion of the project site begins to be used by persons to enter into the hillsides, the Foundation shall post notices discouraging such use. 7. Coachella Valley Fringe -toed Lizard. The project proponent shall contribute $100 per acre in compliance with the requirements of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. Should a Section 2081 permit be required for this project, the fee paid shall be credited from any and all mitigation measures imposed by the 2081 permit. V. a) & d) Two cultural resource investigations were conducted for the project site. The first consisted of a site investigation and report, which recorded a potentially significant site, and recommended further analysis¢. The second consisted of an on -site excavation of the recorded sites. The project site includes three previously recorded sites, and one site recorded during the first site survey in 1998. Testing and data recovery had previously been completed on the three previously recorded sites in 1991 The occurrence of multiple mesquite hummocks makes it likely that additional resources are located on site, and careful grading and on -site monitoring were recommended in the first study. The second study, completed to report on the testing and data recovery at CA-RIV- 6214. This process concluded that the site is not significant beyond the recovery performed for the study. Because there have been previously deeply buried sites found in this area under sand dunes, the following mitigation measure shall be implemented: 1. An archaeological monitor shall be on site during any grubbing, earth moving or excavating activity. Should a resource be identified by the monitor, he or she shall be empowered to halt or redirect grading activities while the resource is properly identified and studied. The monitor shall file a report with the City of his or her findings, including disposition of any resource identified. V1..a) i) The proposed project does not lie in an Alquist-Priolo hazard area. No known earthquake fault occurs within several miles of the proposed project. The potential impact for fault rupture is not expected to be significant. 4 "A Cultural Resources Inventory and Evaluation of the La Quinta Arts Center Project," prepared by ASM Affiliates, December, 1998. 5 "Archaeological Investigations at CA-RIV-6214...," prepared by ASM Affiliates, April, 2000. C:\My Documents\WPDOCS\EA Arts F Addendum.WP67wpd VI. a) ii) The proposed project occurs in a Zone III groundshaking zone. The City has adopted the provisions of the Uniform Building Code for this hazard. Construction of any structure on the project site will conform to these standards, and will reduce the potential hazard to a less than significant level. VI. a) iii) The proposed project does not occur in a liquefaction hazard area. The depth to groundwater in the project area is estimated to be more than 50 feet6. The soils on the site are loose silty sand, which has the potential to shift in a seismic event. The soil engineering report prepared for the proposed project recommends over -excavation and recompaction of the site in any area where structures are proposed. The findings of the report are preliminary, and not based on construction plans. The City's standards for site preparation and geologic analysis, as detailed below, will reduce this potential impact to a less than significant level. VI. a) iv). The proposed project occurs adjacent to the foothills of the Santa Rosa Mountains. During a significant seismic event, it can be expected that rocks from the adjacent hillsides will fall to or near the site. The proposed site plan, however, does not propose construction of any structure within 250 feet of the western property line. This distance will provide sufficient buffer to minimize the potential impacts of rockfall on the proposed project. VI. b) As discussed above, the soils on the proposed site are loose silty sand. As such, unstable soil conditions can occur from improper grading or excavation. The City's standards for site preparation shall be adhered to in all site preparation activities. In order to reduce the impacts of unstable soils on the proposed site, the following mitigation measure shall be implemented: 1. Prior to issuance of a grading permit for any structure on the proposed site, the applicant shall submit, for review and approval by the City Engineer, a detailed, site specific soil study, which shall include recommendations designed for the specific structure being constructed. VI. c) As discussed previously, the proposed project occurs adjacent to the Santa Rosa Mountains. Steep hillsides rise from the property's western boundary, and represent an important geologic feature for the City. The proposed project does not, however, propose to disturb any area within the toe -of -slope, as defined in the City's Hillside Preservation Ordinance. Insofar as no development will occur in the toe -of -slope, the significant geological feature will be preserved, and there is not expected to be a significant impact. 6 "Soil Engineering Report," prepared by Earth Systems Consultants, January, 1999. C:\My Documents\WPDOMEA Arts F Addendum.WP6$wpd VIII. a) The water to be retained in the parking lots will be contaminated by the oils, gasoline and other chemicals leaked from vehicles in the parking lots over a long period of time. These hazardous materials can potentially percolate into the soils below the parking lots, and eventually contaminate groundwater. Technology exists which can reduce these potential impacts to a less than significant level. The following mitigation measures shall be implemented: 1 . The applicant shall submit to the City Engineer for review and approval, a comprehensive storm water management plan, prior to the issuance of grading permits. The plan shall describe any and all "water cleaning" technologies to be implemented on the project site. Such devices could include, but are not limited to oil separators, interceptors and swales. 2. All drainage facilities shall be maintained to a level acceptable to the City Engineer. VIII. b) Although the proposed project will utilize water for irrigation and in its operation, the potential impacts are expected to be less than significant. The proposed project will utilize water in quantities far lower than those which could be expected from residential development on the site. In addition, the use of parking lots as retention basins enables water to be recharged into the groundwater basin. Finally, irrigation water will also percolate into the ground, and be eventually re -absorbed into the groundwater basin. Domestic water is provided by the Coachella Valley Water District, which extracts groundwater from a number of wells in the Lower Thermal sub -basin. The impacts to domestic water supplies are not expected to be significant, since limited activity on the site, combined with percolation from storm water retention and irrigation, will lower the impacts to the aquifer. Vlll. c) & d) Any development proposal reduces the amount of natural terrain available for percolation, and changes drainage patterns. The proposed project will be largely unpaved, and will consist of parking areas covered with decomposed granite or similar material. The areas of the development project which will be paved for roads, the amphitheatre area, and the restroom and office/education buildings will no longer be able to absorb surface runoff. The City requires all development proposals to retain flows generated by the 100 year, 24 hour storm on -site. This requirement contains drainage to the site on which it occurs, and in this case, will also assure the safe routing and discharge of flows from the hillside. Altogether, the site must contain 13.26 acre feet. A series of debris and retention basins will be required. The City Engineer will impose conditions of approval on the proposed project which will require that the applicant prepare plans and studies which meet the City's 41 --+ 31 C:\My Documents\WPDOMEA Arts F Addendum.WP69wpd standards, contain on -site and off -site flows, and provide an acceptable safety factor. These conditions of approval will provide for sufficient mitigation to reduce the potential impacts to an acceptable level. The location of the parking areas and festival grounds within retention basins poses a potential significant impact on people visiting the proposed project. Storms in the desert are frequently sudden, of short duration, and of large volume. The Specific Plan states that the facility will not be used during periods of imminent storms. However, the occurrence of sudden storms, the large number of people and vehicles which could be on -site, and the rapid filling of retention areas is a potential hazard. In order to minimize the potential impacts to people from flooding hazards, the following mitigation measures shall be implemented: 1 . The Foundation shall coordinate with the City's emergency preparedness staff, and shall prepare, for review and approval, an emergency evacuation plan for all areas of the project site. 2. The Foundation shall establish a formal emergency preparedness training program. All volunteers and paid staff shall participate in training to familiarize them with emergency evacuation procedures at the site. 3. There shall be no activities in the festival grounds, and all parking areas shall be cleared of vehicles at any time when the National Weather Service issues a severe storm warning for the La Quinta area. 4. All debris basins shall be maintained to a level acceptable to the City Engineer. IX. b) The General Plan and Zoning designation for the proposed project are Low Density Residential. The project includes a proposed Specific Plan which will delineate the permitted uses. The proposed project represents a departure from the identified primary land use for the property, namely, low density residential development. The General Plan does not prohibit the proposed use in its policies and programs. The Specific Plan, if approved, will authorize the uses. The Zoning Ordinance expressly provides for these uses with the review and approval of a conditional use and minor use permit. A conditional use permit has been submitted as part of this application, and minor use permits will also be applied for in the future as required by the Zoning Ordinance. The project is not in conflict with any applicable environmental plans or policies, including those set forth in the City's General Plan. The proposed project will occur adjacent to existing low density residential development (Laguna de la Paz). The proposed uses include art festivals, entertainment events in both the daytime and evening hours, educational programs, and administrative office uses. The Specific Plan document identifies v C:\My Documents\WPDOMEA Arts F Addendum.WPOL.Oupd art festival and concert events which, if held sequentially, would occur on 115 days during the year. In addition, educational and gallery events in the proposed 60,000 square foot building would occur on 175 days per year, and administrative activities will be on -going. This represents a more intense level of activity than would be expected in a low density residential development. The existing low density residential to the south of the proposed project could be significantly impacted by such a level of activity, if no mitigation measures were proposed. The Specific Plan proposes several design features intended to mitigate the impacts of the proposed project on adjacent residential development, as follows: * The installation of 3 to 4 foot high berms along the southerly boundary of the proposed project adjacent to the general parking area only. *Along the southern boundary adjacent to the festival grounds area of the project, a wall extending 3 to 4 feet above the existing Laguna de la Paz wall is proposed. *Along the southern boundary adjacent to the artists' parking area, a 9'6" berm is proposed. In order to mitigate the potential impacts of the proposed project on the residents of Laguna de la Paz, the following mitigation measures shall be implemented: 1 . For all events, the northerly portion of the general parking area shall be filled prior to the opening of the southerly general parking area for use. 2. "Set up" and "break down" activities in the festival grounds shall conform to the City's hours for construction activities, as stipulated in the noise ordinance. 3. All parking areas, especially the artists' parking area, shall be posted "No overnight parking." In addition, artists' vehicles shall not be allowed to idle, or to operate generators during festival events. 4. Temporary bathroom facilities shall not be located within 300 feet of the southern property line. 5. The future restroom facility proposed for the southeastern corner of the festival grounds shall be relocated and shall be at least 300 feet from the southern property line. 6. All construction, including the construction of parking lots and the 41 festival grounds, shall be subject to a Site Development Permit. C:\My Documents\WPDOMEA Arts F Addendum.WP(1.3Wpd XI. a), b) & c) A noise impact analysis was performed for the proposed project'. The noise analysis found that current conditions at the project site include a 70 dBA CNEL noise level at a distance of 100 feet from the center line of Washington Street. Future (2015) ambient noise levels are expected to reach 75 dba CNEL at the eastern property boundary, and to be between Wand 65 dBA CNEL at the western property boundary. The noise analysis also included monitoring of La Quinta Arts Festival events during the month of March, 2000. The analysis included monitoring of entertainment events, a diesel power generator used to power festival lighting, a dining area within the festival grounds, artist booths and mobile noise sources. The analysis found that the loudest source of noise during the festival was the entertainment stage, and that at a distance of 50 feet, a noise level of 81 dB Leq was recorded. That noise level fell to 60 dB Leq at 225 feet from the stage. This noise reduction was in great part due to the sound -absorbing properties of the artist booths. The monitoring data was then applied to the proposed project site. The results of this analysis are summarized below. Musical Performances: The analysis found that if small, directional speakers are utilized at the amphitheatre, a noise level of less than 50 dB can be expected at the residential units at Laguna de la Paz, and 75 dB in the open space areas to the west. Public Address Systems: The impact of such a system will be less than that of a musical event, provided all public address microphones are directed in a northerly direction. The analysis further recommends that public address use cease during evening hours. On -site Traffic and Parking Areas: The noise emitted from parking vehicles is not expected to be a significant impact, particularly as the 70 dB noise contour occurs on the site, in the area of the parking lots. 1. Only small, directional speakers, pointed in a northwesterly direction, shall be installed or utilized at the amphitheatre. No speakers or amplification of any kind shall be utilized within the amphitheater between 11 p.m. and 10 a.m., and no events shall be held in the amphitheater between 12 a.m. and 10 a.m. 2. All public address system speakers shall be pointed in a northerly direction. 7 "Acoustical Analysis Report," prepared by Douglas Eilar & Associates, April, 2000.~ C:\My Documents\WPDOMEA Arts F Addendum.WPU ✓pd XII. a) 3. All public address system use shall cease between 7 p.m. and 7 a.m. 4. Signs shall be posted in the southern General Parking Area requesting that care be taken to disable automobile alarm systems in consideration of the residential land uses to the south. 5. A solid barrier shall be constructed along the eastern and southern boundaries of the proposed project. The barrier may be a berm or wall, but in either case shall have no gaps. If a berm is constructed, it shall be 5 feet in height. If a wall is constructed, it shall be no less than 6 feet in height. Such a barrier shall be designed to block the line of sight to adjacent residences, and as such the computation of height shall be based on the grade of the adjacent residences, since these grades are higher than those planned for the proposed project. 6. The Foundation shall include, in all its agreements with outside entertainment providers, a notice which advises the contractor that the Foundation strives to provide a quiet noise environment on its grounds, and shall further notify the contractor of mitigation measure no. 1, above. 7. The finished grade of the southern portion of the General Parking Area, the Artists' Parking Area and the Festival grounds shall not be higher than the parallel existing grades within Laguna de la Paz. 8. Construction equipment storage and maintenance shall be located at the northern property line. 9. All construction equipment shall be equipped with mufflers, and shall be maintained in good operating order. 10. All construction activity shall conform to the City's standards, included in its Noise Ordinance. 11. The southerly General Parking Lot and Artists' Parking Lot shall be cleared and closed by 12 a.m. whenever the site is in use. The proposed project may indirectly induce growth, insofar as any City's amenities and recreational opportunities influence a homebuyer's decision to purchase. The location of the proposed project will provide for such added recreational and cultural amenities. This potential impact, however, is not expected to be significant. 40 C:\My Documents\WPDOCS\EA Arts F Addendum.WP&. vpd XIII. a) The construction of the proposed project will result in short-term potential impacts for both police and fire services. The gathering of a large number of people for short periods of time increases the potential for a need for such services. However, such short-term impacts are not expected to be significant, if the following mitigation measures are implemented: XV. a) 1. All development plans shall be routed to the Fire and Police Departments for review and comment. Once the project is complete, a final "as built" site plan shall be provided to both agencies for their files. 2. All Minor Use Permits for the project site shall be transmitted to the Fire and Police Departments for review, comment and conditions of approval. 3. The Foundation shall ensure that all activities of its traffic control officers, as required under item VI. Above, shall be coordinated with the Police Department. All development has an impact on governmental facilities and services. The Foundation will be required to participate in the City's Impact Fee Program, which helps to offset roadway improvements. In addition, the revenues generated by the site will result in sales tax for the City, which will offset any needs for additional municipal services. The proposed project is not expected to have a significant impact on municipal services or facilities. The proposed project occurs on the west side of Washington Street, between 47th and 48th Avenues. A median island currently exists in Washington Street. Washington Street has been recently improved to three lanes in both directions from the 1-10 Freeway to the project site. No median break is planned for the project site. A traffic analysis was prepared for the proposed projects. The traffic analysis concludes that the proposed project will generate up to 686 peak hour trips during major events. It is further estimated in the traffic study that 45% of all trips exiting the site will go east on 48th Avenue, 20% will go south on Washington Street, and 35% will go north on Washington Street. The analysis further concludes that traffic conditions in 2001, after project buildout, will remain at current levels of service, and will not cause either the intersection of Washington Street & 48th, or the intersection of Highway 1 1 1 & Washington Street to drop below the City standard LOS D. S "Traffic Study for La Quinta Arts Foundation Arts Center," prepared by Korve Engineering, Inc., November, 1999. C:\My Documents\WPDOMEA Arts F Addendum.WPOL.4vpd The traffic analysis results in the following mitigation measures: 1. Traffic control officers shall be employed by the applicant during all events occurring at the amphitheatre. Said traffic control officers shall be stationed at the intersection of Washington Street and 48th, and Washington Street and 47th before and after each performance. 2. The City shall monitor the need for traffic control officers during other major events, and may require such officers through the Minor use Permit process. 3. The Foundation will be required to participate in the City's Impact Fee Program, which helps to offset roadway improvements These mitigation measures will reduce the impacts of the proposed project to a less than significant level. XV. e) The proposed project provides for paved access within 100- 150 feet of any. future structure, which will meet the requirements of the Fire Department. Several gates within the proposed project will be conditioned to be equipped with Knox Boxes or similar devices to enable emergency vehicles to get in. The only area where a potential impact occurs is as regards the provision of emergency medical treatment for an injured party in the festival grounds. The following mitigation measure should reduce this potential impact to a level of insignificance. XV. f) The Foundation shall establish a medical response plan, in coordination with the Fire Department, and shall have staff on -site at all events trained in the implementation of such a plan. The Specific Plan proposes a reduced parking standard for the project site. Parking is proposed in several areas, most of which is located in the General Parking lots at the eastern boundary of the project site. In addition, 340 parking spaces are available through a reciprocal parking agreement with the adjacent catholic church. The conditions of approval prepared for the project will require that adequate on -site parking is provided. The following mitigation measures are to be implemented: 1 . Parking shall be provided on site to accommodate the peak hour of a major event (1,200 persons in one hour), concurrent with an event at the amphitheatre (2,400 persons). �n C:\My Documents\WPDOCS\EA Arts F Addendum.WP$.5✓pd 2. No parking shall be permitted on Washington Street at any time. 3. The City shall monitor parking problems at major events, and shall provide restrictions or additional conditions of approval through the Minor Use Permit process should parking problems develop. XV. g) The proposed project does not indicate any parking spaces for bicycles on the site. The Zoning Ordinance requires such a standard. In addition, the provision of such parking will encourage non -motorized travel and reduce emissions from vehicles. Further, the site occurs along a SunLine Transit bus route. The use of public transportation to and from events at the site should be encouraged. The following mitigation measures shall be implemented: 1. Bicycle parking shall be provided in conformance with the standards established in the City's Zoning Ordinance. 2. The applicant shall provide a bus turnout, bus stop and amenities including a shelter, bench and trash receptacles along the property boundary, to the satisfaction of both SunLine Transit and the City. XV. b) c) & f) The construction of the proposed project will have a limited impact on sanitary sewers, storm drainage, solid waste disposal and water supplies. However, as a non -continuous use, the impacts can be expected to be less than those of a residential development on the proposed site. 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Q a N rn rn E o «� c o c _ o c Q W 3 'L aEi y C cctm 4` pOi L to N ' 0 W 0' p d X a. J Z 0 I— W co O a- W C Z 43- lj7 W Q W > Zm Q W a U 2W O= Q R W H V z H U. Z J RE 0o p N9 H z E Op a� W C U z O W *- U U - H �_N V a E Q. W > ~ D N C CD C �y m 06 m cc W H (n W +� D J N 2 C V m U ui W °� t/) W Q E U LU N Co y N U) v- co Cr > Q W c X c}i� J co z Q ai � z m 43rs tj RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A VISUAL AND PERFORMING ARTS FACILITY AND ASSOCIATED DEVELOPMENT. CASE NO.: CONDITIONAL USE PERMIT 2000-048 APPLICANT: LA QUINTA ARTS FOUNDATION WHEREAS, the City Council of the City of La Quinta, California did on the 6th day of June, 2000, hold a duly noticed Public Hearing to consider the request of the La Quinta Arts Foundation to allow a visual and performing arts facility and associated development; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of May, 2000, hold a duly noticed Public Hearing to consider the request of the La Quinta Arts Foundation to allow a visual and performing arts facility and associated development; and WHEREAS, said Conditional Use Permit request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended by Resolution 83-68, in that a Environmental Impact Report under Environmental Assessment 2000-394 has been recommended with mitigation measures for certification; and, WHEREAS, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify a recommendation for approval of said Conditional Use Permit: 1. The Conditional Use Permit is deemed consistent with the City's General Plan in that the site is designated low density residential and proposed for an arts exhibition, classroom, administrative office and performing arts use. The use is consistent with the goals and policies and intent of the General Plan Land Use Element (Chapter 2) provided conditions are met. 2. The approval of this Conditional Use Permit is consistent with the Zoning Code and Specific Plan in that construction of an arts exhibition, classroom, administrative office and performing arts facility will conform to development standards outlined in the La Quinta Arts Foundation Specific Plan namelv4 parking, lighting, building height and setbacks, signs and landscaping. 3. An Environmental Assessment has been prepared in accordance with CEQA. 59 C:\My Documents\WPDOCS\CCResoArtsCUP.WPD City Council Resolution 2000- La Quinta Arts Foundation Conditional Use Permit 2000-048 June 20, 2000 4. The arts exhibition, classroom, administrative office and performing arts use will not create conditions materially detrimental to the public health, safety and general welfare or injurious to, or incompatible with other land uses in that an Environmental Assessment has been prepared with recommended mitigation measures reducing potentially negative impacts to a level of insignificance such as noise, traffic and lighting. 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 the City Council does hereby approve Conditional Use Permit 00-048 to allow an arts exhibition, classroom, administrative office and performing arts facility subject to the Conditions of Approval, attached hereto and made a part of as Exhibit "A". PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 6th day of June, 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, California 44 C:\Mv Documents\WPDOCS\CCResoArtsCUP.WPD CONDITIONS OF APPROVAL -RECOMMENDED CONDITIONAL USE PERMIT 2000-048 LA QUINTA ARTS FOUNDATION JUNE 20, 2000 GENERAL CONDITIONS OF APPROVAL 1. The development shall comply with Specific Plan 00-042, and all applicable Conditions of Approval. 2. The approval of the Conditional Use Permit shall run concurrently with Specific Plan 00-042. 3. Set up" and "break down" activities in the festival grounds shall conform to the City's hours for construction activities, as stipulated in the noise ordinance (Municipal Code Section 6.08.050) (page 16 of Specific Plan). On Sundays and Holidays, the weekday hours of operation shall apply. For the 5 major and 5 medium events on the Festival grounds annually, "break down" shall be allowed until 10 PM. "Break down" for the public health and safety, in the event of an emergency, shall be allowed outside of the hours specified above. 44f2 61. C:\Mv Documents\WPDOCS\CCResoArtsCUP.WPD RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SPECIFIC PLAN TO ALLOW THE DEVELOPMENT OF THE LA QUINTA ARTS FOUNDATION PROJECT, INCLUDING FESTIVAL GROUNDS, FOUNDATION BUILDING, PARKING LOTS AND ASSOCIATED FACILITIES, ON THE WEST SIDE OF WASHINGTON STREET, BETWEEN 47TH AVENUE AND 48TH AVENUE CASE NO.: SPECIFIC PLAN 2000-042 APPLICANT: LA QUINTA ARTS FOUNDATION WHEREAS, the City Council of the City of La Quinta, California, did on the 20th day of June, 2000, hold a duly noticed Public Hearing to consider the request of La Quinta Arts Foundation for review of a Specific Plan to allow festival grounds, a Foundation building, amphitheatre, parking lots and associated land uses on 28.33 ± acres located on the west side of Washington Street, between 47th Avenue and 48th Avenue, and more particularly described as: Assessor's Parcel Number 643-090-024 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of May 23, 2000, hold a duly noticed Public Hearing for Specific Plan 2000-042, and recommended approval under Resolution 2000-036; and WHEREAS, the project 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 Community Development Director has conducted an Initial Study (Environmental Assessment 00-394) and determined that the proposed project could have an adverse impact on the environment. However, there would not be a significant effect in this case, because appropriate mitigation measures were made a part of the Conditions of Approval for Specific Plan 2000-042, and a Mitigated Negative Declaration of Environmental Impact will be filed; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval for said Specific Plan 2000-042: Finding Number 1 - Consistency with General Plan/Zoning Code 443 I. The proposed Specific Plan is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and supports C:\My Documents\WPDOCS\CCResoArtsSP.WPD 2 Resolution 00-_ Specific Plan 00-042 June 20, 2000 the development of a regional arts facility, as conditioned. The proposal also furthers the goals and objectives of the Circulation Element, insofar as it limits access to Washington Street. 2. The proposed Specific Plan is compatible with the City's zoning ordinance in that it provides standards for the proposed land uses, and implements requirements for Conditional and Minor Use Permits, as stipulated. Finding Number 2 - Compliance with the California Environmental Quality Act 1 . A Mitigated Negative Declaration of Environmental Impact has been prepared by the Community Development Department as required by the California Environmental Quality Act statutes. The assessment concludes that the project will not significantly affect the environment, provided Mitigation Monitoring is completed (EA 00-394). In this case, project mitigation includes berming and noise reduction measures, limitations to the hours of operation, compliance with City standards for the protection of groundwater and analysis of visual impacts. Finding Number 3 - Site Design 1. The project, as conditioned, is compatible with the City's standards and existing surrounding development. Conditions of approval have been included to ensure compliance with' the City's standards. Each of the phases of the proposed Specific Plan will be required to submit Site Development Permit applications prior to development of the site. Finding Number 4 - Site Improvements 1. The extension of all public services, as required, will provide for the logical expansion of services in the City. 2. All improvements within and adjacent to the proposed project will be constructed to meet City standards and be compatible with surrounding development. 3. The Specific Plan, as conditioned, will not pose a hazard to the public health, welfare or safety. 444 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: C:\My Documents\WPDOCS\CCResoArtsSP.WPD 63 Resolution 00-_ Specific Plan 00-042 June 20, 2000 1 . That the above recitations are true and constitute the findings of the City Council in this case. 2. That it does hereby require compliance with those mitigation measures required in Environmental Assessment 2000-394. 3. That it does approve Specific Plan 2000-042 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 20th of June, 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, California 44J CAMy Documents\WPDOCS\CCResoArtsSP.WPD 64 CITY COUNCIL RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2000-042 LA QUINTA ARTS FOUNDATION JUNE 20, 2000 GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of 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. 3. This development shall be subject to the Infrastructure Fee Program and Development Impact Fee program in effect at the time of permit approval. 'r u 65 C:\My Documents\WPDOCS\spARTS COA.wpd PROPERTY RIGHTS 4. Prior to issuance of a grading or building permit, the applicant shall acquire or confer easements and other property rights 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. 5. The applicant shall dedicate or grant public 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. 6. Right of way dedications required of this development include: Washington Street - The remainder of applicant's 60-foot half of a 120-foot right of way. 7. The dedication shall include additional width as necessary for dedicated right turn lanes, bus turnouts, and other features contained in the approved construction plans. 8. The applicant shall create a 20-foot perimeter setback along Washington Street. This depth is the average depth if meandering wall design is approved. This 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. 9. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures. 10. The applicant shall vacate abutter's rights of access to Washington Street from all frontage except access points listed below. 11. 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. 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. 44� 60 C:\My Documents\WPDOCS\spARTS COA.wpd 12. 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. 13. 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. 14. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans for Washington Street on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 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. 15. 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 issuance of a grading permit. 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 improvement4.4 3 67 C:\My Documents\WPDOCS\spARTS COA.wpd 16. 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. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. GRADING 17. 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. 18. 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. 19. 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. 20. 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. 21. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 22. Stormwater precipitation and historic inflow from the peak 24-hour period of a 100- year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 23. Storm flow in excess of retention capacity shall be routed through a designat-I,'i unimpeded overflow outlet to the historic drainage relief route. m C:\My Documents\WPDOCS\spARTS COA.wpd 24. Retention facility design shall be based on site -specific percolation data which shall be submitted for checking with the retention facility plans. The design percolation rate shall not exceed two inches per hour. 25. Retention basin slopes shall not exceed 3:1. Maximum retention depth shall be six feet. 26. Nuisance water shall be retained on site. 27. No fence or wall shall be constructed around basins unless approved by the Community Development Director and the City Engineer. 28. The development shall be designed to accommodate purging and blowoff water from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 29. Prior to issuance of a grading permit, the applicant shall establish a plan for operation of the combined, parking/retention areas during threatening weather and, during storm events, for notifying drivers that their vehicles could become inundated by flooding in the gravel parking areas. UTILITIES 30. 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. 31. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 32. -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 33. 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.) .- 4) 0 34. OFF -SITE STREETS Washington Street (Major Arterial) - Construct remainder of 48-foot half- width improvement plus an 8-foot sidewalk/bike path. 69 C:\My Documents\WPDOCS\spARTS COA.wpd Entry drives, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 35. Improvements shall include appurtenances such as traffic control signs and pavement markings. 36. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 37. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 38. 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. Major Arterial 5.511/6.50" 39. 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. 40. General access points and turning movements of traffic are limited to the following: Main entry drive centered approximately 790 feet south of the north property boundary - 36-foot width. Secondary access drive located at the north property boundary - 32-foot width. LANDSCAPING 41. The applicant shall provide landscape improvements in landscape setbacks andJ i on -site areas as designated in the landscape plan for Specific Plan 00-042. 70 C:\My Documents\WPDOCS\spARTS COA.wpd 42. Landscape and irrigation plans 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. 43. 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 44. The applicant shall provide public transit improvements as required by Sunline Transit and approved by the City Engineer. QUALITY ASSURANCE 45. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 46. 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. 47. 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. 48. 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" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed .conditions. MAINTENANCE 49. The applicant shall make provisions for continuous, perpetual maintenance of all on - site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released fro this responsibility by the appropriate public agency. I 71, C:\My Documents\WPDOCS\spARTS COA.wpd 50. The applicant shall schedule a dust control program for the gravel parking/retention areas. The program shall include regular applications of dust palliative at a frequency that ensures that the lots remain in a stabilized condition. FEES AND DEPOSITS 51. 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. COMMUNITY DEVELOPMENT DEPARTMENT 52. The text under Section 1.2.2, page 1 of the Specific Plan, shall be deleted, and the following inserted: Uses Permitted with approval of a Minor Use Permit: Festival Grounds Events for 50 or more persons not listed in Section 2.1 Banners in excess of those specifically described in this Specific Plan Other uses as permitted in Section 9.40, Residential Development Standards of the La Quinta Zoning Ordinance Uses Permitted with a Conditional Use Permit: Educational facilities and classrooms Art galleries Administrative Offices Amphitheatre Other uses as permitted in Section 9.40, Residential Development Standards of the La Quinta Zoning Ordinance Uses Requiring a Site Development Permit: Foundation Building Parking Lots (except the General Parking Lot) Amphitheatre Sculpture garden Box office building Headquarters events building Restroom buildings Native American Memorial Permanent Signage 53. The Specific Plan shall be amended to allow for the events listed in Section 61TA1 without the submittal of Minor Use Permit applications. 0 In addition, the following shall be added to Section 2.1: 72 C:\My Documents\WPDOCS\spARTS COA.wpd The Foundation shall, within 10 days of the beginning of each quarter each year, submit a list of the events which occurred in the previous quarter, and those which are planned in that quarter to the Community Development Department, to ensure compliance with the events lists in this Section. 54. All relevant text in the Specific Plan shall be amended to allow, with the approval of this Specific Plan, the following: 1. Rough grading 2. Perimeter landscaping 3. Construction of the general parking lot and installation of parking lot lighting. 4. Festival Grounds No Site Development Permit shall be required. All plans shall be submitted to the City Engineer and Community Development Department for review and approval prior to the initiation of any activity on the site. 55. The Foundation building shall not exceed 60,000 square feet in gross floor area, regardless of the number of storeys constructed. The word "footprint" when associated with 60,000 s.f. In the text shall be deleted. 56. The Specific Plan shall be modified to read that up to 20% of the total ground floor square footage of the Foundation building may be allowed to exceed 28 feet in height, subject to analysis of bulk and mass, and a line of sight study through the Site Development Permit process (pages 2, 14 of Specific Plan). 57. The Specific Plan shall be amended to read that "Set up" and "break down" activities in the festival grounds shall conform to the City's hours for construction activities, as stipulated in the noise ordinance (Municipal Code Section 6.08.050) (page 16 of Specific Plan). On Sundays and Holidays, the weekday hours of operation shall apply. For the 5 major and 5 medium events on the Festival grounds annually, "break down" shall be allowed until 10 PM. "Break down" for the public health and safety, in the event of an emergency, shall be allowed outside of the hours specified above. 58. Until such time as permanent restroom facilities are constructed, all Minor Use Permit applications shall include a site plan which identifies the specific location, ofall temporary restrooms. Consistent with the mitigation measures included in EA 00-394, such temporary restrooms shall be located at least 300 feet from the southern property line. 59. The first sentence of Section 1.2.2.4 shall be amended to read "According to Zoning Code, Table 401, aspects of this specific plan proposal also entail4 J requirements for conditional use ("CUP") and minor use permits ("MUP")." (page 3 of Specific Plan). 73 C:\My Documents\WPDOCS\spARTS COA.wpd 60. Table 2 of the Specific Plan, right hand column, 6th row, shall be amended to read "37 banners on -site." (page 4 of Specific Plan). 61. Table 2, Placement Restrictions, right hand column shall be amended to add "No banners shall be located within the landscaped parkway included in the Washington Street right-of-way." 62. A "Banner Plan" which identifies the ultimate location of all 37 on -site banners, shall be submitted for review and approval with the grading permit. All minor use permit applications for the proposed project shall be consistent with the approved Banner Plan. 63. Table 3 of the Specific Plan, right hand column, Max. No. of Stories: the text within the parentheses shall be moved to the row above, Max. Structure Height. 64. All Site Development Permits for parking lot areas shall include landscaping areas, to be built to City standards and which protect plantings, along the vertical axis of the parking row. The Site Development Permit application shall include immediate landscaping of all row ends upon construction, and shall include a date -specific phasing plan for installation of landscaping along the parking rows. Once approved, the phasing plan shall be implemented by the applicant in a timely manner. 65. Parking lot lighting to City standards shall be provided either by temporary mobile light poles or by permanent lighting fixtures meeting City standards. A parking lot lighting plan shall be submitted with all parking lot Site Development Permit or grading permit whichever occurs first. Bollard or similar height light fixtures shall be utilized wherever possible. Parking lot lights for any parking area which is to be hard -surfaced shall not exceed 24 feet in height and shall be directed downward. The lens shall be flush with the fixture. 66. The Specific Plan shall be amended to require 11 foot wide end stalls for all parking lot layouts. 67. The Specific Plan and subsequent Site Development Permit application for the artists' parking lot shall be amended to provide for 380 parking spaces, designed to meet City dimensional standards. Alternatively, 100 parallel parking spaces may be provided along the rear access road, by widening the road to a 36 foot width, minimum. 68. The Specific Plan text will be amended to refer to berming of 7.5 feet in height from the top of the Laguna de la Paz wall to the Festival grounds. The Grading Permit application will include analysis which clearly demonstrates that the �. berming will provide adequate site line interruption to effectively reduce noise 4 J v impacts. 74 C:\My Documents\WPDOCS\spARTS COA.wpd 69. Five copies of the Final Specific Plan, with all amendments required above integrated into the document, and with these conditions of approval appended to the document, shall be submitted to the Community Development Department prior to the issuance of any permit. 70. Prior to issuance of a grading permit, the applicant shall submit a properly identified landscaping plan and accompanying irrigation plan for all landscaping on the site, for review and approval by the Community Development Department. The plans shall also include hardscape details for the main and secondary access points, including special pavement treatments. All plans shall be consistent with the adopted Specific Plan. 71. Prior to the issuance of any grading permit on the project site, the applicant shall submit a written parking agreement to the Community Development Department. 72. Landscape materials adjacent to the western property line shall be limited to native plants only, and shall be designed to transition with the adjacent natural terrain. 73. The project proponent shall comply with all mitigation measures contained in the Addendum to EA 00-394. PUBLIC TRANSIT 74. The project proponent will construct, as part of the Washington Street parkway improvements, a night -lighted bus shelter, which meets the requirements of both the City of La Quinta and the SunLine Transit Agency. Improvements will also include a bench and waste receptacle. DOMESTIC WATER AND SANITARY SEWER 75. Pursuant to the requirements of the Coachella Valley Water District (CVWD), the project proponent shall annex to Improvement Districts Nos. 55 and 82 for sanitation service, at such time as any permanent sanitary sewer improvements are made on the site. 76. Landscaping, irrigation and grading plans shall be submitted to CVWD for review and approval. 77. All plans for domestic water connections to existing CVWD lines shall be submitted to the District for review and approval. FIRE DEPARTMENT 456 78. All water mains and fire hydrants required fire flows shall be constructed in accordance with the appropriate sections of the water district, subject to the approval by the Riverside County Fire Department. 75 C:\My Documents\WPDOCS\spARTS COA.wpd 79. Automatic fire sprinkler systems are required in all new structures 5,000 square feet or greater in size, in accordance with La Quinta City Ordinance 8.08.090. The post indicator valve and fire department connection shall be located to the front within 50' of a hydrant, and a minimum of 25' from the building. 80. All interior fire apparatus access roads shall be a minimum of 20 feet unobstructed width and an unobstructed vertical clearance of 13'6". Any portion of an exterior wall of the first story of any building shall be located within 150 feet from fire apparatus access as measured by an approved route around the exterior of the building. 81. Current proposed buildings will require a water system capable of delivering 1,500 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. It is recommended that the applicant provide water mains capable of providing a larger fire flow for the future 60,000 square foot building in accordance with the 1997 Uniform Fire Code, Table A-III-A-1. 82. The required fire flow shall be available from a Super hydrant(s) (6"x 4"x 2.5"x 2.5") located not less than 25' or more than 165' from any portion of the building(s) as measured along approved vehicular travel ways. 83. Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate the location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 84. 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." 85. The required water system including fire hydrants shall be installed and operational prior to the start of construction. 86. All gates on -site shall be equipped with Knox boxes, or equivalent, to the satisfaction of the Fire Department. SCHOOL FEES 457 87. The project proponent shall demonstrate their exemption from the payment of school fees, in the form of a certification from the school district, prior to the issuance of a building permit. 76 C:\My Documents\WPDOCS\spARTS COA.wpd ATTACHMENT The minutes are contained in the June 20, 2000 agenda packet under "Approval of Minutes" 45 113 Ze-d TTTOOSL 694:I'OHA QRAIZ33H ATTACHMENT 2 LZ:ZT so-VI-96 DOUGLAS EILAR & ASSOCIATES ACOUSTICAL & ENVIRONMENTAL, CONSULTING June 14, 2000 Mayor and City Council City of La Quinta Attention: Christine DiIorio 78-495 Calle Tampico La Quinta, CA 92253 SUBJECT: CUP 2000-048, SPECIFIC PLAN 2000-042 REGIONAL CENTER FOR THE ARTS, LA QUINTA ARTS FOUNDATION RESPONSE TO COMMENTS ON NOISE ISSUES IN SECOND LETTER DATED JCTNE 6, 2000 FROM ROBERT READY Dear Mayor and City Council Members: This letter is sent to you in response to a request from Christine DiIorio,'City of La Quinta Planning to address two points related to noise in the June 6, 2000 letter from Mr. Robert Ready. Our firm was retained by the La Quinta Arts Foundation (LQAF) to prepare a noise study for their proposed Center for the Arts, in La Quinta. We have been conducting environmental and related studies as part of analysis under the California Environmental Quality Act (CEQA) since the early 1970's. Our resumes have been provided to LQAF for submittal to the City, along with our noise impact analysis report for the above proposed project. We recently received from LQAF a second Ietter from. Mr. Robert Ready, dated June 6, 2000, in which a number of statements were made and questions asked relating to noise. This letter is a response to two of those statements and questions, identified by Christine DiIorio. Page 22: "There is no comparison between a 2,400 person amphitheater and the March 2000 festival stage ." The LQAF March 2000 festival was the largest single event the LQAF has ever hosted. On the day of the Mery Griffin's Show; Saturday, March le, there were 9050 paid guests about 1000 others including volunteers, staff,vendors, etc.; the total attendance was about 10,000. Whileitisimpossible to develop exact attend ance numbers at the concert it is known that all 350 chairs under the awning, 200 chairs in the adjacent friends of the LQAF court, and 200 chairs in the adjacent food court were hull as well as a very large standing crowd (300 to 600 estimated). This means that there were some 1100 to 1550 people or more present. Douglas Eilar & Associates 321 N. Willovvspring Dr., Encinitas, CA, 92024 (760) 753-1865• Fax (760) 753�-0111 d2eilar(c�aol.COTt] 453 79 =o T T T029L 09.L -oassd br-IT3 se!onoa wa E0'd TTT0S54 09L:iOH2 Q3AI303H 8Z: ZT 00-tyI-go Mayor and City Council, City of La Quinta June 13, 2000 Noise Issues for Proposed LQAF Regional Center for the Arts Page 2 This means that sound level measurements taken during that event would be useful to us in our analysis and conclusions, and useful to the City of La Quinta in its decisions Concerning the, granting of the subject applications and the conditions of approval thereto. In fact, the measurements were very relevant and can serve as a realistic guide to the level of noise that could be created in any future event at the proposed new site on Washington. A permanent well planned, distributed sound amplification system will create equivalent or lower noise levels beyond the performance area thanfor the present temporary centralized configuration, even with attendance as high as 2400 in the Terraces area. Given the following conditions which occur at events similar to the LQAF March 2000 Festival: • moderate sound levels desired by those who attend the LQAF Festival, • The distance between the residences of Laguna De La Paz and the Terraces area, • The intervening artist booths to provide noise shielding and noise absorption, • The planned sound attenuation berm, it is unlikely the residents of Laguna De La Paz will even know when concerts are occurring. These factors were shown clearly in the data acquired during the day of monitoring at the March 18"' event. Page 22: "The festival grounds also cannot be compared since the March 2000 festival had 250 vendor pads, as opposed to the planned 380 vendor pads," The capacity of both the existing and new site were addressed. A difference between 250 and 380 vendor pads alone does not translate into a significant difference in noise at any given location outside the L(W property, primarily because of the spatial relationships, distance, etc. liven if there were 380 artisan spaces occupying the exact same space as 250, with the proportionate number of people present, the difference in noise level for the suggested increase of 50 percent would amount to about 1.5 decibels (dB), since a 100% increase would be an increase of 3 dB, with everything else the same. But everything will not be the same, there will be sound attenuation features built in, and the noise from more distance vendor pads is largely blocked by the presence of the closer ones that are in between. In fact, the greatest noise impact from vendor pads is generally from only those that are close, and there can only be so many of them. Sincerely, G� Charles Terry, Mechanical Engineer Consultant in Acoustics, Investigator 463 v CT:elm cc: LQAF Attention: Christi Salamone Douglas Eilar & Associates 80 321 N. WiIlowsprirng Dr., Encinitas, CA, 92024 (760) 753-1865 • )c ax (760) 75MM111 • dtre�]ar(�a9U&M `6'd ITTOzS4 097 '36S23t/ 'Zt ZIti1I3 SH1�lnnrr . _._--- Ze d Tii®ESL "L: I^1023.3 LZ:Zi @O-Si-9@ DOUGLAS FILAR & ASSOCIATES ACOUSTICAL & ENVIRONMENTA.>L CONSULTING ,Tune 14, 2000 Mayor and City Council City of La Quinta Attention. Christine Worio 78-495 Calle Tampico Lai Quinta, CA 92253 SUBJECT: CUP 2000-048, SPECIFIC PLAN 2000-042 REGIONAL CENTER FOR THE ARTS, LA QUINTA ARTS FOUNDATION ADDITIONAL RESPONSE TO COMMENTS ON NOISE ISSUES IN SECOND LETTER DATED JUNE 6, 2000 FROM R.OBERT READY Dear Mayor and City Council Members: This letter is sent to you in response to a request from the La Quinta Arts Foundation to address issues related to noise in the June 6, 2000 letter from Mr. Robert Ready. Page 29: "The "Terraces" (amphitheater) will, on occasiot4 be used for dinner theater and other activities where patrons will be served meals.... I can only imagine the noise which will pollute -my con mu.nity " The "Terraces" ar ea is at a distance of approximately 785 feet from the nearest residence in Laguna Do La Paz. Without intervening attenuation, a sound level of 85 dB(A) measured at 50 feet created in the area of the "Terraces" would be reduced to approximately 61 to 62 dB(A) at 785 feet. In addition Nvith the intervening 6 to 9 dB(A) of sound attenuation provided by the bean between the residents of Laguna De La Paz and the "Terraces", the sound level would be further reduced to 52 to 56 d13(A) at the residences. This is below the 60 dB(A) limit provided in Table IV: Exterior Noise Standards from the City of La Quinta noise standards. " Sincerely, ! -Z Charles Teary, Mechanical Engineer Consultant in Acoustics, Investigator C,T • elm cc: LQAF, Attention: Christi Salalnone 46 Douglas Eilar & Associates 321 N, WOlowspring Dr., Encinitas, CA, 92024 (760) 753-1865• Fax (760) 763-0111 • dge arOacrc 8.1, E, j TTT0zSL.9oL -��JSSti au—IId StI-10n u Wd T0'-- - c T )1H1 ATTACHMENT #3 Planning Commission Meeting May 23, 2000 Chairman Kirk recessed the meeting at 7:53 p.m. and reconvened at 8:00 p.m. Commissioner Butler rejoined the meeting. D. Environmental Assessment 2000-394, Specific Plan 2000-042, and Conditional Use Permit 2000-048; a request of the La Quinta Arts Foundation for a recommendation to certify a Mitigated Negative Declaration of Environmental Impact, approval of design guidelines and development standards to guide future development, and allow a visual performing arts education facility. 1 . Chairman Kirk opened 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. Planning Consultant Nicole Criste informed the Commission of the proposed changes to the Specific Plan Conditions of Approval: Condition #57 be modified to read, "On Sundays and Holidays, the weekday hours of operation shall apply. For the five major events on the Festival grounds annually, breakdown shall be allowed until 10:00 p.m." Condition #67 modified to read, "Alternatively 100 parallel parking spaces may be provided along the rear access road by widening the road to a 36-foot width minimum." Condition #68 be amended to delete the words "Site Development Permit" and "Grading" used instead. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler questioned Condition #54.B. as to whether or not it included the berming. Staff stated it did. 3. Commissioner Robbins asked if the proposed parking lots would be paved. Staff stated the general parking and artists parking lots are decomposed granite (DG). Only the VIP parking and driveways are paved. The others serve as retention basins and are proposed in the Specific Plan as DG. 4. Commissioner Butler asked if DG complies with the PM 10 requirements. Staff stated it is clarified in the Specific Plan as tc� 6 how it will be maintained to meet the PM 10 requirements. 5. Commissioner Abels asked what the circulation plan was to get into the Festival grounds. Planning Consultant Nicole Criste explained the circulation plan on the exhibit. The adjoining gates would be used for unloading. 82 CAMy Documents\WPDOCS\pc5-23-20.wpd 8 Planning Commission Meeting May 23, 2000 6. Commissioner Robbins asked why a temporary turnaround was indicated on the Conceptual Site Plan, but is not shown on the landscaping plan. 7. Chairman Kirk commended staff on the staff report. He questioned the parking and circulation plan contained in the Specific Plan. He noted the guests and artists parking are addressed, and asked if the employees, or volunteers were included in the parking calculations. Staff stated they were included in the count. 8. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Ms. Kay Wolff, President of the Board of Directors for the Arts Foundation, asked if Father Barker could speak first. Father Jack Barker, St. Francis of Assisi Church, stated that on behalf of the 8,000 members of his church, they are delighted to have the Arts Foundation as their potential neighbors. They have been looking for years to have a good neighbor and are happy to have them as it will help their parking problems. In terms of the development of the City, he would like to remind everyone that we have a vision of the cultural environment for this City that are contained in the City documents. As a spiritual leader in the City he has a concern for the quality of life in our community. If we only built houses, gas stations, and banks it will be boring. We have to build those things that will sustain the spiritual, educational, and artistic inner person. Obviously there are many details that need to be worked out as he would not want a concert at 1:00 a.m. in the morning either. Ms. Kay Wolff thanked staff for their time studying their project and their help preparing the necessary documents. She asked the Board Members, employees and scholarship recipients to indicate their presence in support of the project. She went on to give the history and mission of Foundation. 9. Ms. Susan Francis, Executive Director, stated she was representing the Board Members, employees, volunteers and students served by the Foundation. She went on to state how they have outgrown their Festival and office facilities. They have tried to keep the Church informed as well as holding meetings 46 throughout the Valley to keep people informed of their progress. Through these meetings, changes were made to the site plan to address the concerns of the neighbors. The Foundation's programs and services are good for the community and she went on to describe those programs and services. Ms. Fran introduced Mike Smith and Steve Soboda, Warner Engineerinj,! CAMy Documents\WPDOCS\pc5-23-20.wpd 9 Planning Commission Meeting May 23, 2000 engineers for the project, Frank Delany, attorney for the Arts Foundation, Ron Gregory, landscape architect, and Eldon Lee with Korve Engineering. 10. Mr. Frank Delany, attorney for the applicant, stated they have reviewed the staff report and generally agree with most of the Conditions as recommended. Condition #62 by reason of changes to Condition #54, is now acceptable. The changes made by staff regarding the hours of operation, are acceptable with one modification; the exception for major events, which would not be subject to the time limitations as required by the Zoning Code. They would request this apply to the five major events on Page 3, as well as the five medium events, for a total of 10 events. Condition #64, they are requesting the Specific Plan be modified to permit them to use either DG, or grassed turf depending on their choice. Condition #68 is acceptable. Condition #67, with the clarification made by staff, adding the additional 100 spaces by widening the access, they believe this Condition can be deleted. Condition #27, in regard to the retention basin, needs to be clarified. As the Commission knows, the retention basins were designed so the parking lots would not be visible from the street. This condition requires them to be visible and they believe this is inappropriate and ask that it be deleted. Condition #34 in regard to providing a ten foot sidewalk; they would request this condition be modified to require them to provide a six foot wide meandering sidewalk. The opportunity for a bike path to the south is eliminated because of the residential development, Laguna de la Paz, and to the north because of the church. 11. Ms. Nicole Criste responded in regard to Condition #67 by stating staff would disagree with the applicant's request because the condition now provides alternatives either in redesign of the parking lots to provide additional parking spaces, or in parallel parking along the rear driveway by increasing the width of the road. Staff would still support the condition as amended. 12. Senior Engineer Steve Speer stated that in regard to the applicant's request for a six foot meandering sidewalk, staff would R request that it be 8-feet, which would be a change to Conditio4 6 1 #34. In regard to Condition #27, it is staff's decision they remain in place. Even though they may be redundant, they do serve a purpose. Commissioner Robbins questioned whether or not the upper retention basin would meet the criteria . CAMy Documents\WPDOCS\pc5-23-20.wpd 10 84 Planning Commission Meeting May 23, 2000 13. There being no questions of the applicant, Chairman Kirk asked if there was any other public comment. 14. Mr. Robert Ready, 48-241 Calle Floristas, submitted a letter of opposition and a petition containing 200 signatures objecting to the Foundation's use of the property. The Commission is aware of the findings required to approve the applications. The applicant intends to use the property as its corporate headquarters as shown by the applications and signs that have been on the property for more than a year. Such a use is not consistent with General Plan or Zoning Code. The application does not comply with CEQA. The informational requirements of CEQA have not been met. For example, alternative sites have not even been mentioned, even though there are numerous such sites in the City. A full EIR should be prepared. The project is inconsistent with the surrounding already developed neighborhoods. The proposed use is commercial with a massive infrastructure, including an enormous parking lot consisting of 1624 parking spaces. The Festival grounds provide for 380 sales display pads. In short, what we have is the imposition of a tent city, a parking lot as large as WalMart, and commercial structures all used for commercial activity placed on Low Density Residential land. Surely, this commercial use is not compatible with the existing quiet residential neighborhoods of Laguna de la Paz and Lake La Quinta. The Specific Plan does not rise to even the minimum thresholds of matters to be included in the plan. It does not provide the text or diagrams which specify in detail the description, location and extent of the uses of the land within the area covered by the Plan. This Plan represents the applicant's wish list. Among other deficiencies, the applicant has not provided for sufficient parking for the level of activity anticipated. The applicant has stated they have a reciprocal agreement with St. Francis of Assissi Church for shared parking. However, if this were to occur, the Church would be in violation of its own current use permits which would render them subject to revocation. He cannot believe this is the intention of the religious authorities at St. Francis of Assisi. The Specific Plan required findings cannot be met for the very reasons that the Conditional Use Permit findings cannot be met. The predominate 4 use in the area provide the yardstick for determining compatibility with neighboring uses. The applicant's property is a tiny island in the midst of a sea of Low Density Residential property and its CAMy Documents\WPDOCS\pc5-23-20.wpd 11 5 5 Planning Commission Meeting May 23, 2000 commercial uses are not compatible with the neighborhood, nor is the property suitable for commercial activities. They are entitled to a fair hearing and expect that the evidence present�d will be impartially reviewed and an equitable decision render d by this tribunal. As the Commission is aware, any violation of the Zoning Code is a public nuisance and must be taken into consideration in their deliberations. The nuisances that the applicant's uses represent are fully covered in his written submittal. 15. Ms. Helen Reddy, 48-241 Calle Floristas, stated a transaction is classified as commercial based on the nature of the conduct in light of the totality of the surrounding circumstances. The exchange of money for services, even by a nonprofit organization is quintessential commercial transaction. The interpretation that the applicant's proposed commercial operation is permissible under Table 9-1 Museum or Gallery Use, means that commercial operations on the scale proposed are permissible in residential areas. This is obviously inconsistent with and violates t e General Plan. A Zoning Ordinance that is not consistent with tl�e General Plan is invalid when it is originally passed. A cursory review of the applicant's submittal and staff's recommended Conditions of Approval will show that the project is consistent neither with the General Plan, nor Zoning Code. The Commission should not recommend approval of the Conditional Use Permit for the proposed uses on Low Density Residential land which] abuts an already developed residential community. This project Ishould be placed in the Village. As the City Attorney stated to her and her husband, at a meeting on April 12th, attended by Mr' Herman, unless a Conditional Use Permit is approved, there is no need to even consider the question of a Specific Plan. The Commission should not do that here at this meeting. However, one comment is required on staff's Conditions of Approval, Condition �54. This is a blatant attempt at rezoning under the guise of Conditions of Approval for a Specific Plan. This is spot zoning at its !,worse. 16. Ms. Barbara Barba, 48,806 Andorra Street, Indio, state she was in support of the proposed project and an active mem er of the Arts Foundation and went on to explain how she !has been involved in the Foundation's programs. Cultural needs will only continue if the building plans are approved. The La QUinta Arts Festival brings revenue to the City. Those who disagree with this building plan should read the permitted uses for this part Iicular area established ten years before the residential area to the south was even proposed. She then read the uses listed on }table 4-1 465 C:\My Documents\WPDOCS\pc5-23-20.wpd 12 Planning Commission Meeting May 23, 2000 Permitted Uses for the project site. If she were a resident to the south, she would rather have the Arts Foundation than some of the uses listed on the permitted list. 17. Ms. April Newberry, 48-103 Vista Cielo, stated she was a resident of Laguna de la Paz and when they bought their property they were told this site was, and still is zoned for Low Density Residential housing. Any commercial development of this land is not consistent with the General Plan and Zoning Code. They are against the proposed commercial development by the Arts Foundation as it would have a severe detrimental effect to their residential development and quality of life at Laguna de la Paz. 18. Mr. Christine Curry, 48-131 Vista Cielo, stated she was in support of the Arts Foundation. This project will be a major asset to the City. Its programs reach out to all ages and interests. It is a model studied by other communities. It sponsors one of the highest ranked art Festivals in the country. 19. Mr. Carl Soderberg, 48-509 Via Encanto, stated he moved to La Quinta a year and a half ago to enjoy a quiet life span. He has nothing against the Art Foundation, but they have many other choices for a location and if you look up and down Washington Street and see the traffic, like they do, you will see there is too much going on. The Foundation has to look at other choices and do their job. 20. Mr. Richard Ainsworth, 73-043 Somera, Palm Desert, stated the Arts Foundation has long supported his effort to pursue a career in graphic design through scholarships. He knows the Foundation is a vital part of the community and the schools by promoting education in the arts which is sometimes overlooked. He thinks it is great that they are trying to expand their facilities to further promote their programs. 21. Mr. Richard Mayer, 48-1 18 Vista Cielo, stated he is speaking in opposition to the project, but is an enthusiast for the Arts Foundation. His concern is the traffic that will be generated. The staff report states Washington Street is three lanes in each direction, but in reality is only two lanes. The staff reports also 46 states that the exits from the parking areas are limited. The only way out of the site is to go south down Washington Street. Then if you want to go east, you will have to get into the left turn CAMy Documents\WPDOCS\pc5-23-20.wpd 13 87 Planning Commission Meeting May 23, 2000 pocket and compete with the U-turn. To him this is not right. His biggest problem is the traffic it will bring. The Foundation has a tremendous idea; it is just in the wrong location. 22. Ms. Kathryn Hull, 77-260 Calle Chillon, stated this is an exciting concept and she sees nothing wrong with a commercial project on a commercial street as Washington Street which makes it easy to get in and out. Three years ago the City held workshops to identify what was needed in the City and a cultural/performing facility was needed. It is not just one group that needs this type of facility, but the entire Valley. It would be a great gateway opening to the City and would make a statement that this City believes in more than businesses and buildings, it believes in a wonderfully balanced, cultural developed life for its citizens. 23. Mr. Larry Newberry, 48-103 Vista Cielo, stated that as a homeowner within 500 feet of the proposed project, he rises in opposition, based on the fact that even though the La Quinta Arts Foundation is a nonprofit organization providing these wonderful services, it charges for most of these services. This, in his opinion, makes it a commercial operation and therefore, is inconsistent with the General Plan and the zoning regulations. This project will have a detrimental effect on the adjoining residents due to the increase in noise, lighting, traffic congestion, and pollution. As stated in Ms. Kay Wolff's letter to the City they indicated they will not only provide services, but will seek to promote other organizations to use the facility. This will only increase the problems for the adjoining neighbors. The applicant's applications asked for release from at least 14 Municipal Code and Zoning issues in order to operate this facility. The Environmental Impact Report, Item #B.A.-Storm and water runoff from the Santa Rosa Mountains into the Catch Basins, states the water to be retained in the parking lots will be contaminated by oils, gasoline, and other chemicals leaked by the vehicles in the parking lot over a period of time. These hazardous materials can potentially percolate into the soil below the parking lot and eventually contaminate the ground water. As resident of Laguna de la Paz they have a multi -acre lake that is fed from ground wells adjacent to the property and they do all their irrigation and watering from these. He is concerned about the chemical levels that will be spread through out the 393 homes at the complex. 463 24. Ms. Deborah Godley 77-211 Calle Sonora, stated she does not have an affiliation with the Foundation, but has worked with them. C:\My Documents\WPDOCS\pc5-23-20.wpd 14 Planning Commission Meeting May 23, 2000 She had no intention of speaking until she read an article in the paper from a resident of Laguna de la Paz that was likening the Arts Festival to a giant collection of porta potties. She lives in La Quinta and attends the Arts Festival and in her opinion, this is a case of "nimby", or not in my backyard. It seems strange that such a wonderful entity as the Arts Foundation, with such educational goals, should be likened to a swap meet. One of the things that attracted her to La Quinta was the diversity in the people that live here. The Foundation does reach out to people who otherwise would have no exposure to the arts. 25. Mr. Ken Von Schnabl, 48-567 Via Amistad, stated the reason he is against this project is because of the lighting, traffic, and noise. What will happen when this project is started with as much traffic as there is now on Washington Street. The Church now has traffic coming in from all directions and there is only one exit. To add this traffic, to what they are proposing, how will the parking be handled? 26. Mr. Fred Wolff, 77-227 Calle Ensenada, stated he was privileged to lead the City to incorporation and served as it's first Mayor. He remembers what they discussed at that time should be the image of the City. The goal was to make it the cultural and art center of this Valley. When this City was first started it was all zoned residential. No one could expect to see this continue as the City is growing so fast. You cannot count on, vacant land next to you remaining residential and it is ludicrous to accuse the Arts Foundation as proposing a commercial venture. The Arts Foundation is not a WalMart, Thrifty Drug Store, etc., but a nonprofit organization that serves this community. Every. organization is going to raise money. The Church raises money. Does that make them a commercial enterprise? The traffic on Washington Street is there whether the Festival is held in the Village, or Washington Street. The traffic will not have to go as far as it use to, and most people will benefit from this new location. He is proud of this organization and how it has developed. It is self serving of those opposing this project. 27. Ms. Susan Clark, 51-220 Avenida Carranza, stated she has been living in La Quinta since the early 1980's and understands 4 6 property values as her husband is a contractor. She is a school CAMy Documents\WPDOCS\pc5-23-20.wpd 15 89 Planning Commission Meeting May 23, 2000 teacher at Adams Elementary School and wants to bring art to her students as she experienced it in her youth. She understands the time and effort to teach the basics due to the amount of time she spends on them. During the first two years of teaching at Adams School, she had the privilege of having a La Quinta Arts Foundation docent visit her fifth grade classroom to teach art once a week for five weeks. You cannot image the impatience of a fifth grader waiting for the docents to come. These students understand when someone outside their circle of parents and teachers care about them and what they know. The art docents care and they realize that a child without an appreciation of the arts has not had a complete education. This is an exposure that most of them would never have if it wasn't for the Foundation. Don't make an idol of your home and forget the ideals they have because of some perceived threat to their property. 28. Mr. Joseph Ferguson, 48-239 Calle Floristas, stated he and his wife bought their new home in Laguna de la Paz ten years ago, and at that time they inquired into the zoning of this property and were told it was zoned Low Density Residential. Now ten years later, from their backyard patio, they will see a berm with trucks, and maybe semi -tractor trailers, which will be parked in their employee parking lot during the run of a particular event. These trucks together with the construction of a visible major outdoor arena, violates the Low Density Residential zoning promised when they purchased their home. If this project is allowed to go forward, won't this be a great view from their property; dust, noise, lights, and generators. The applicant's have asked to change this either by zone change or conditional use permit. It is almost as though Laguna de la Paz does not count. He has nothing against the Foundation, but they have chosen the wrong location and the Commission must not allow them to proceed. A change in the zoning, or use, is not fair to the residents of Laguna de la Paz. They were there first. 29. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened it for Commission discussion. 470 30. Planning Consultant Nicole Criste addressed the question of the temporary turn -around by stating the Specific Plan shows the temporary turn -around as temporary until the design and construction of the Foundation building, because when the CAMy Documents\WPDOCS\pc5-23-20.wpd 16 90 Planning Commission Meeting May 23, 2000 Foundation building and its associated parking lot are designed it will provide the turn -around for people who are blocked by the first set of gates. 31. Commissioner Tyler stated he has heard over and over again how important a role the Arts Foundation has played in the City's evolution over the last 18 years and the very important role it continues to play and wishes to play in the future. Both sides would agree to this. The facts are that the land was donated at this location and so that is where it is. Secondly, he keeps hearing the complaint that the project is commercial, yet no one is complaining that right across the street is a commercially zoned area. So the commercial flavor already exists. Third, is that at a recent Council meeting, on a much less important issue to the community, the Planning Commission was accused of a rush to judgement in denying a request after listening to an hour of testimony and then debating it for five minutes. He does not agree with this statement, but it was the perception that someone in the community has. Tonight we have been given massive amounts of material that needs to be understood and with the importance of this issue, the Commission needs time to assimilate this information before making a decision and he does not think there is time at this meeting to accomplish this. It is important that they make the right decision based on all the information they have and more has been received at this meeting. He would therefore like to suggest a continuance to the first meeting in June. 32. Commissioner Abels stated he has lived in La Quinta for 32 years and he has seen a lot of development. Traffic has gotten heavier and will continue to get heavier as the years go by and we will have to learn to live with it. This project has been a long time coming to La Quinta. It is such a worthwhile project that it will make La Quinta the envy of the art world and not only locally, but nationally. The Foundation is to be commended as they have prepared a thorough application and it is unfortunate that there are those in the community who do not want it next door. The proposed berming and landscaping on the south side will help alleviate the problems. He agrees with the parking plan. In regar , 4 to the traffic, the Bob Hope Classic and other events have th same problems and police have been brought in to control traffic. 91. CAMy Documents\WPDOCS\pc5-23-20.wpd 17 Planning Commission Meeting May 23, 2000 It may be an inconvenience, but how many times a year will this occur. It may be a commercial development, but not in the true sense. 33. Commissioner Robbins stated he concurs with what has been stated and trusts that most of the opposition is in regard to the zoning and trusts that the City Attorney has reviewed the applications and the Commission, in fact, is in compliance with zoning and the General Plan. City Attorney Dawn Honeywell stated the basic basis under the City's Zoning Code that this project is before them is that they may have museums or galleries displaying sculptures, artwork or crafts, including school for the above, on 20 acres or more under a conditional use permit in a Very Low Density Residential or Low Density Residential area; in fact, any residential area of the City's community. It is the Planning Commission's job to make a determination that this project meets the definition in the Zoning Code. If the Planning Commission believes it will fit, then it will follow the General Plan and Zoning Code. Commissioner Robbins stated he too lives in the shadow of the Indian Wells Tennis Stadium and when it was under review he heard how bad the noise and lights would be and now he can actually say he has not heard anything and the lights were off at a reasonable hour and were not an issue. Based on this, he does not believe this project will be as detrimental as has been stated. The property behind his house is vacant and he would rather have a project such as this than a housing project. 34. Commissioner Abels stated that if a housing project were approved for this site the traffic would be greater on a daily basis than what will be created by this project. 35. Chairman Kirk asked staff how the traffic of a residential project would compare to this project. Mr. Eldon Lee, engineer for the project, stated the projection for a weekday event, or the amphitheater, which is probably the highest load, is outborne traffic. When the traffic is over there would probably be 680 vehicles per hour, which is a small percentage of the overall traffic on Washington Street which is 19,000 vehicles a day. When they run the models on the traffic for these events it improves the47 2 signal operation level on Washington Street and 48th Avenue because of the amount of time to make the left turn and the 92 CAMy Documents\WPDOCS\pc5-23-20.wpd 18 Planning Commission Meeting May 23, 2000 amount of traffic moving south. This lessens the delays for the southbound traffic. Overall if you had a development on this site you would require the exit to be at the signal for Avenue 48 which would increase the traffic noise to Laguna de la Paz. Chairman Kirk asked if the egress/ingress was originally considered at 48`h Avenue. Mr. Lee stated yes, and they moved the egress/ingress for this project down site in reference to satisfying the complaints of the Laguna de la Paz residents. 36. Commissioner Butler asked if the comfort level for the Mitigated Negative Declaration is supported by independent parties who make these studies. Planning Consultant Nicole Criste stated all studies prepared for this project were prepared by third party firms that were contracted by the Foundation. Our analysis for the EA Addendum was impartial, based on the analysis found in those studies, and all studies were current studies. 37. Commissioner Tyler stated he is for the project, but there are problems that needed to be worked out in regard to the details. 38. Commissioner Robbins stated he would be against grassing any of the parking areas as we need to look toward more efficient use of water. 39. Chairman Kirk stated he too would object to using grass in the parking lots. He is in support of the project. It is a great design that is well designed and conceptualized. He thanked the Foundation for reaching out to the neighboring communities. He agrees that the egress/ingress would normally be placed at 481n Avenue, but due to the impact it would have on the adjoining residents, it has been moved to the north. 40. Commissioner Abels stated he thinks the issues should be ironed out and not continue the project. 41. There being no further discussion, it was moved by Commissioner Tyler to continue the project to June 13, 2000. The motion died for lack of a second. 4Y 42. Chairman Kirk stated there are some conditions that have been suggested and asked staff to comment on the sidewalk width (Condition #34). Senior Engineer Steve Speer stated they would 93 C:\My Documents\WPD0CS\pc5-23-20.wpd 19 Planning Commission Meeting May 23, 2000 agree to an eight foot sidewalk. In regard to the fencing around the retention basin, the assumption is that even though it is not seen from Washington Street, there are other access pads where you can view the retention basins. Staff can work with some language to satisfy the Sheriff's Department concerns. Staff does try to keep the retention basins from being fenced as they are less of a nuisance. The intent of the condition is "no fencing". 43. Commissioner Robbins stated his concern was not with the fencing issue, but that it not be visible from Washington Street. Mr. Mike Smith, Warner Engineering, stated their concern over the condition was that the parking lots are the retention basins and they are required to disguise the parking lots from Washington Street and therefore, could not comply with the condition. They are not proposing fencing but are proposing the berming behind the sidewalk to shield the parking lot from the street. Planning Consultant Nicole Criste suggested deleting the first sentence of the condition, so the issue of visibility would be eliminated and the fencing issue would remain. 44. Commissioner Tyler asked to review the hours of operation. The staff report refers to the construction hours that have been established for the community and he thinks they are totally inappropriate. The construction hours prohibit any construction activity on Sundays or holidays. Saturdays 8:00 a.m.-5:00 p.m., and depending upon the time of year, Monday through Friday, from 6:00 a.m. to 7:00 p.m. or 7:00 a.m. to 5:00 p.m. This seems to be inconsistent with the ending hours of the events that are expected and could put a hardship on the artist who intends to go from event to event and needs to pick up and move on to the next event. If there is a time limit where they cannot do that after 5:00 p.m. and the event ends at 10:00 p.m., it could be a problem. Planning Consultant Nicole Criste stated the time restrictions do not apply to the five major events, nor do they apply to the activities at the amphitheater. The condition is specifically geared to the Festival grounds activities because of its adjacencies to sensitive receptors to the south. Commissioner Tyler asked which condition applies. Staff stated Condition #57 states the hours of operation and clarification needs to be added to the conditional use permit. The amendment to the condition 4 7 � would be that on Sundays and holidays, the facility would be able to operate under the weekday rules for construction. Discussion followed regarding hours of operation. Following discussion a 94 CAMy Documents\WPDOCS\pc5-23-20.wpd 20 Planning Commission Meeting May 23, 2000 recommendation was made to add a sentence to Condition #57 that stated "breakdown is allowable for public health and safety under emergency conditions. 45. Chairman Kirk stated he concurred with the applicant that this condition should apply to the conditional use permit as well. 46. Commissioner Tyler stated he was concerned about the berms as the staff report states the Festival grounds are already three feet above the level of Laguna de la Paz and then you add berms which are seven and a half feet which could reach 10 feet in height. It may keep the noise level down, but people on top of the berms can look into their yards. The Laguna de la Paz wall is six feet above their ground level and then it appears the homes have a setback and then another wall. On the Foundation grounds you have a seven and a half foot berm on top of a three foot high elevation difference of ten and a half feet which invades the privacy of those living in Laguna de la Paz. Planning Consultant Nicole Criste stated Exhibit 6 in the Specific Plan shows three graphics and the central figure shows the property line at the top of the wall is 65.5 feet and the top of the berm is 73 feet. The berm does not occur on the top of the raised land of the Festival ground. 47. Commissioner Butler stated that currently there is blow sand against the property line wall, and if you do not put a retaining wall on top of the berm, the wind will blow the sand right into the residents. Staff noted it would all be landscaped. 48. Commissioner Tyler asked if the berms had to be that high. Staff stated they did for noise and visual impacts. 49. Mr. Ron Gregory, landscape architect, stated it is not their intention to create a berm that would impede the view of the residents of Laguna de la Paz. He would suggest, even though they have the berms at the levels that are appropriate, when the shaping occurs, they can modify the berms to some degree to address the concerns of the homeowners. The same thing would apply to planting. It is not their intention to plant large materials^�.- and obliterate views which are desirable, but rather block tho� ( J views that are not desirable. With the reduced grade where parking would occur, plus the berm adjacent to it, between the parking and the wall, all of the trucks would be screened. CAMy Documents\WPDOCS\pc5-23-20.wpd 21 919 Planning Commission Meeting May 23, 2000 50. Commissioner Tyler stated that in the staff report, it states the artist parking lot spaces are smaller than usual and yet the artists usually have vans, RV's, etc. which would require larger spaces than usual. Mr. Mike Smith, Warner Engineer, stated the volunteers would be parking the vehicles which would allow them to be parked closer than normal. The spaces will not be marked. 51. Chairman Kirk asked if they had any concerns about how much parking there is in the back area. Do they concur with staff's recommendation, or would they like to reduce it. Mr. Smith stated they concur with staff's recommendation. 52. Commissioner Tyler stated that if the street is widened to 36 feet and then someone parks an eight foot RV on either side, you narrow the useful part of that street down to 20 feet. Planning Consultant Nicole Criste stated the Fire Department requires a 20 foot clearance, but with a 36 foot wide curb to curb street with parking on both sides, they should have the clearance. 53. Commissioner Tyler expressed his concern about the lighting plan for the parking lot adjacent to Washington Street, but would agree with staff's recommendation for the bollard lighting. Condition #38 should be corrected to require what the applicant will be using. Condition #40, 41, and 42 should be straightened out and tell what the requirements are for the turning movements on those two access points. 54. There being no further discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 2000-034 recommending to the City Council certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2000-394. 55. Commissioner Tyler asked if the City Attorney had read the material submitted by Mr. Ready, and whether or not it had any bearing on their decision. City Attorney Dawn Honeywell stated she had not had the opportunity to read the material. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN - None. CAMy Documents\WPDOCS\pc5-23-20.wpd 22 Planning Commission Meeting May 23, 2000 56. It was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 2000-035 recommending approval of Specific Plan 2000-042, subject to the Findings and Conditions of Approval as amended. a. Condition #7: Delete reference to a left turn lane. b. Condition #27: delete the first sentence. C. Condition #34: 8 foot sidewalk bikepath d. Condition #38: modify to the street standards that apply to the project. e. Renumber #40, #41, and #42 f. Condition' #54: the text under Section 1.2.2, Page 1 of the Specific Plan shall be deleted and the following inserted: Uses Permitted with Approval of a Minor Use Permit. Festival Grounds Events for 50 or more persons not listed in Section 2.1. Banners in excess of those specifically described in this Specific Plan. Other uses as permitted in Section 9.40, Residential Development Standards of the La Quinta Zoning Ordinance. Uses Permitted with a Conditional Use Permit. Educational facilities and classrooms. Art galleries, Administrative Offices, Amphitheatre, Other uses as permitted in Section 9.40, Residential Development Standards of the La Quinta Zoning Ordinance. Uses Requiring a Site Development Permit. Delete Festival Grounds. Foundation Building, Parking Lots (except General Parking Lot), Amphitheatre, Sculpture garden, Box office building, Headquarters events building, Restroom buildings, Native American Memorial, Permanent Signage. g. Add Condition 54A.: The Specific Plan shall be amended to allow for the events listed in Section 2.1, without the submittal of Minor Use Permit applications. -1 In addition the following shall be added to Section 2.1 : The Foundation shall, within ten days of the beginning of each quarter each year, submit a list of the events which occurred in the previous quarter, and those which are 9'7. CAMy Documents\WPDOCS\pc5-23-20.wpd 23 Planning Commission Meeting May 23, 2000 planned in that quarter to the Community Development Department, to ensure compliance with the events lists in this Section. h. Add Condition: All relevant text in the Specific Plan shall be amended to allow, with the approval of the Specific Plan, .the following: 1. Rough grading 2. Perimeter landscaping 3. Construction of the general parking lot and installation of parking lot lighting. 4. Festival Grounds No Site Development Permit shall be required. All plans shall be submitted to the City Engineer and Community Development Department for review and approval prior to the initiation of any activity on the site. i. Condition #57: Modified to state the facility would be allowed to operate on Sundays and Holidays under the workday hours. For the five major and five medium events on the Festival grounds actually "break down" shall be allowed until 10:00 p.m. Breakdown activities shall be allowed outside of construction hours for the public health and safety under emergency conditions. Also applies to the five major and five medium events as well. j. Condition #65: to require bollard or low lighting. k. Condition #67: Add an alternative allowing for the construction of 100 parallel) parking spaces and widening of the rear drive to 36 foot minimum. I. Condition #68: Remove "Site Development Permit" and add "grading" M. Add Condition: Prior to the issuance of any grading permit on the project site, the applicant shall submit a written parking agreement to the Community Development Department. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 57. It was moved and seconded by Commissioners Butler/Tyler to j V adopt Planning Commission Resolution 2000-036 recommending approval of Conditional Use Permit 2000-048, subject to the Findings and Conditions of Approval as amended. 98 CAMy Documents\WPDOCS\pc5-23-20.wpd 24 Planning Commission Meeting May 23, 2000 a. Condition #3: Modified to state the facility would be allowed to operate on Sundays and Holidays under the workday hours. For the five major and five medium events on the Festival grounds actually "break down" shall be allowed until 10:00 p.m. Breakdown activities shall be allowed outside of construction hours for the public health and safety under emergency conditions. Also applies to the five major and medium events as well. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINNSS ITEMS: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report of the Council meeting of May 16, 2000. IX. ADJOURNMENT: There being no further busi ess, it was moved and seconded by Commissioners Abels/Robbins to adjourn this r gular meeting of the Planning Commission to the next regular meeting of the Planning ommission to be held June 13, 2000, at 7:00 p.m. This meeting of the Planning Co mission was adjourned at 10:07 P.M. on May 23, 2000. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California 473 CAMy Documents\WPDOCS\pc5-23-20.wpd 25 LA QUINTA ARTS FOUNDATION PLANNED ON -SITE SCHOOL/CLASSROOM USES ARTIST ON SITE SCHOOL/CLASSROOM ACTIVITIES: ✓ Master classes for artists, professionals, and teachers of all art disciplines ♦ visual, including • painting • sculpture • ceramics • glass • wood • fiber • drawing • metal • print making • engraving • paper making ♦ dance (choreography, stage movement, classical, tap, modern, jazz, ethnic/folk, social/ballroom) ♦ music (instrumental, band, theory, history, composition) ♦ theatre (Shakespeare, drama, musical, melodrama, comedy, scenery, props, costuming, sound, lighting, directing, playwriting, production) ♦ architecture ♦ literary arts: drama/prose/poetry ♦ computer graphics/animation ✓ Art classes via interactive telecommunication ✓ Cyber classes that include virtual tours of local and participating museums, galleries, studios, and exhibitions ✓ Classes in art business: marketing, portfolio/slide presentations ✓ Classes to train artists for mentoring students of all ages ✓ Classes in the use of LQAF database of artists, collectors, and art organizations 4uO La Quints Arts Foundation 06/20/00 LA QUINTA ARTS FOUNDATION PLANNED ON -SITE SCHOOL/CLASSROOM USES ADULT ON SITE SCHOOL/CLASSROOM ACTIVITIES: ✓ Classes/workshops in weaving, ceramics, photography, printmaking, drawing, painting, jewelry making, sculpture, fiber, woodworking, etc. ✓ Classes/workshops in theatre arts ✓ Classes/workshops/lectures in architecture ✓ Classes in computer graphics/animation ✓ Classes for parents/family of gifted and talented children (GATE) ✓ Classes in theatre arts, dance, and music ✓ Classes/workshops/lectures in architecture ✓ Classes in computer graphics/animation ✓ Classes in television production ✓ Classes in stage/theatre production ✓ Classes in instrumental music training ✓ Classes in the art of story telling ✓ Classes in culturally diverse visual and performing art forms ✓ Lectures to prepare groups for LQAF-sponsored tours ✓ Visitor/conventioneer art education packages (tours, workshops, lectures, demonstrations, exhibits, and master classes) ✓ Art classes via interactive telecommunication ✓ Cyber classes that include virtual tours of local and participating museums, galleries, studios, and exhibitions GENERAL PUBLIC ON SITE SCHOOL/CLASSROOM/GALLERY ACTIVITIES: ✓ Art classes, seminars, lectures, tours, etc. open to the public ✓ Lectures for out-of-town/national/international cultural tours ✓ Classes for senior citizens, in cooperation with La Quinta Senior Center ✓ Classes in cooperation with the City of La Quinta, for all ages ✓ Cyber classes that include virtual tours of local and participating museums, galleries, studios, and exhibitions La Quinta Arts Foundation 06/20/00 4 8 1. ✓ Classes in instrumental music ✓ Classes in film/recording production ✓ Classes in theatre production ✓ Classes in theatre, music, and dance arts ✓ Classes in reading drama/prose/poetry ✓ Classes/workshops/lectures in architecture ✓ Classes in creative writing: drama/prose/poetry ✓ Classes in music composition ✓ Classes in art history ✓ Classes in historic/documentary production ✓ Classes in computer graphics/ animation ✓ Classes in the art of story telling ✓ Classes in which grandparents read about art/artists to young children ✓ Artists mentoring program for students of all ages ✓ Lectures, classes, and demonstrations relating to Desert Plein Air ✓ Cyber classes that include virtual tours of local and participating museums, galleries, studios, and exhibitions ✓ "Very Special Arts" classes for physically handicapped students ✓ Classes for Gifted and Talented students (GATE) ✓ Seminars on all topics for elementary, middle, high school, and college students ✓ Indoor and outdoor classroom spaces will be utilized during the permissible hours, weekdays and weekends, to further our mission. TEACHER ON SITE SCHOOL/CLASSROOM ACTIVITIES: Teacher classes will be linked to local educational institutions for college credit ♦ Credits for required professional growth ♦ Credits for degree programs ✓ Teacher training/classes/workshops to promote visual and performing arts in school classrooms ✓ Art classes via interactive telecommunication ✓ Teacher training to promote interdisciplinary arts education: using visual/performing arts to teach the academics to children ✓ Cyber classes that include virtual tours of local and participating museums, galleries, studios, and exhibitions ✓ Teacher classes for future Van Gogh -Mobile for outreach activities La Quinta Arts Foundation 06/20/00 LA QUINTA ARTS FOUNDATION PLANNED ON -SITE MUSEUM AND GALLERY USES CURRENT MUSEUM AND GALLERY SPACE: ✓ None currently available on site ✓ Frances Hack Park used for Festival exhibition ✓ La Quinta Resort used for Desert Plein Air exhibitions and Alt Under the Umbrella shows ✓ Kreiss Gallery used in 1998-2000 for gallery exhibits ✓ Denise Roberge Gallery used for exhibition of scholarship work PLANNED MUSEUM AND GALLERY SPACE: ✓ Galleries, large & small ✓ Gallery space for traveling museum exhibits ✓ Permanent outdoor sculpture garden ✓ Gallery space for large-scale sculpture exhibits ✓ Working artists' galleries/studios ✓ Outdoor gallery exhibitions: ♦ La Quinta Arts Festival ♦ Desert Plein Air ♦ Umbrella shows ♦ JazzArt Festival ♦ Sculpture festivals ♦ Modonnairi festival (chalk -drawing) ♦ Children/youth arts festivals ♦ Book fairs ♦ Flower festivals ✓ Indoor and outdoor museum and gallery spaces will be utili4ed during the permissible hours, weekdays and weekends, to further our mission. ✓ Available to other 5016 community groups to mount cultural exhibitions in galleries or museum space La Quinta Arts Foundation 06/20/00 4 8 a r t LA QUINTA ARTS FOUNDATION EA 2000-394, CUP 2000-0489 & SP 2000-042 REVISED RESOLUTIONS RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2000-394 PREPARED FOR SPECIFIC PLAN 2000-042 AND CONDITIONAL USE PERMIT 2000-048 ENVIRONMENTAL ASSESSMENT 2000-394 APPLICANT: LA QUINTA ARTS FOUNDATION WHEREAS, the City Council of the City of La Quinta, California, did on the 6th day of June, 2000, and 20th day of June, 2000, hold duly noticed Public Hearings to consider Environmental Assessment 2000-394 prepared for Specific Plan 2000-042 and Conditional Use Permit 2000-048, located on the west side of Washington Street between 47th Avenue and 48th Avenue; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of May, 2000 hold a duly -noticed Public Hearing to consider Environmental Assessment 2000-394 prepared for Specific Plan 2000-042 and Conditional Use Permit 2000-048, located on the west side of Washington Street between 47th Avenue and 48th Avenue, more particularly described as follows: ASSESSOR'S PARCEL NUMBER: 643-090-024 WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2000-394) and has determined that although the proposed Specific Plan 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 a part of the assessment and included in the Conditions of Approval for Specific Plan 2000-042, and a Mitigated Negative Declaration of Environmental Impact should be filed, and, WHEREAS, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 1. The proposed Specific Plan 2000-042 and Conditional Use Permit 2000-048 will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigable 485 CAMy Documents\WPDOCS\CCResoArtsEA.wpd City Council Resolution 2000- La Quinta Arts Foundation Environmental Assessment 2000-394 June 20, 2000 impacts were identified by Environmental Assessment 2000-394. There is no substantial evidence in light of the whole record that there will be any significant environmental impact from the project. 2. The proposed Specific Plan 2000-042 and Conditional Use Permit 2000-048 will not have the potential to degrade the quality of the environment, substantially reduce the habitat of 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 rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. There is no evidence before the City that the proposed project will have potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed Specific Plan 2000-042 and Conditional Use Permit 2000-048 do not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed Specific Plan 2000-042 and Conditional Use Permit 2000-048 will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity. 6. The proposed Specific. Plan 2000-042 and Conditional Use Permit 2000-048 will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no evidence to show that State mandated school fees will not be adequate to address impacts to school facilities, in that the Specific Plan, as proposed, does not affect the current land use as it would be assessed at time of development, whether or not the project was implemented. 8. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect setforth in 14 CAL Code Regulations §753.5(d). 9. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. 48� C:\My Documents\WPDOCS\CCResoArtsEA.wpd City Council Resolution 2000- La Quinta Arts Foundation Environmental Assessment 2000-394 June 20, 2000 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 constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2000-394 for the reasons set forth in the Resolution and as stated in the Environmental Assessment Checklist and Addendum on file in the Community Development Department. 3. That Environmental Assessment 2000-394 reflects the independent judgement of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of June, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, Acting City Attorney City of La Quinta, California STANLEY SNIFF, Mayor Pro Tem City of La Quinta, California 484 C:\My Documents\WPDOCS\CCResoArtsEA.wpd RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A VISUAL AND PERFORMING ARTS FACILITY AND ASSOCIATED DEVELOPMENT. CASE NO.: CONDITIONAL USE PERMIT 2000-048 APPLICANT: LA QUINTA ARTS FOUNDATION WHEREAS, the City Council of the City of La Quinta, California did on the 61h day of June, 2000, and 20th day of June, 2000 hold duly noticed Public Hearings to consider the request of the La Quinta Arts Foundation to allow a visual and performing arts facility and associated development; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of May, 2000, hold a duly noticed Public Hearing to consider the request of the La Quinta Arts Foundation to allow a visual and performing arts facility and associated development; and WHEREAS, said Conditional Use Permit request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended by Resolution 83-68, in that a Environmental Impact Report under Environmental Assessment 2000-394 has been recommended with mitigation measures for certification; and, WHEREAS, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify a recommendation for approval of said Conditional Use Permit: 1. The Conditional Use Permit is deemed consistent with the City's General Plan in that the site is designated low density residential and proposed for an arts exhibition, classroom, administrative office and performing arts use. The use is consistent with the goals and policies and intent of the General Plan Land Use Element (Chapter 2) provided conditions are met. 2. The approval of this Conditional Use Permit is consistent with the Zoning Code and Specific Plan in that construction of an arts exhibition, classroom, administrative office and performing arts facility will conform to development standards outlined in the La Quinta Arts Foundation Specific Plan namely parking, lighting, building height and setbacks, signs and landscaping. 4833 C:\My Documents\WPDOCS\CCResoArtsCUP.WPD City Council Resolution 2000- La Quinta Arts Foundation Conditional Use Permit 2000-048 June 20, 2000 3. An Environmental Assessment has been prepared in accordance with CEQA, and has been reviewed and considered by the City Council along with the comments thereon. 4. The arts exhibition, classroom, administrative office and performing arts use will not create conditions materially detrimental to the public health, safety and general welfare or injurious to, or incompatible with other land uses in that an Environmental Assessment has been prepared with recommended mitigation measures reducing potentially negative impacts to a level of insignificance such as noise, traffic and lighting. 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 the City Council does hereby approve Conditional Use Permit 00-048 to allow an arts exhibition, classroom, administrative office and performing arts facility subject to the Conditions of Approval, attached hereto and made a part of as Exhibit "A". PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 20th day of June, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STANLEY SNIFF, Mayor Pro Tern City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California 485 r•\nn., r)nr„montc\WPr)Or'S\CCRPSnArtsCUP.WPD City Council Resolution 2000- La Quinta Arts Foundation Conditional Use Permit 2000-048 June 20, 2000 APPROVED AS TO FORM: M. KATHERINE JENSON, Acting City Attorney City of La Quinta, California C:\Mv Documents\WPDOCS\CCResoArtsCUP.WPD RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SPECIFIC PLAN TO ALLOW THE DEVELOPMENT OF THE LA QUINTA ARTS FOUNDATION PROJECT, INCLUDING FESTIVAL GROUNDS, FOUNDATION BUILDING, PARKING LOTS AND ASSOCIATED FACILITIES, ON THE WEST SIDE OF WASHINGTON STREET, BETWEEN 47TH AVENUE AND 48TH AVENUE CASE NO.: SPECIFIC PLAN 2000-042 APPLICANT: LA QUINTA ARTS FOUNDATION WHEREAS, the City Council of the City of La Quinta, California, did on the 6th day of June, 2000, and 201h day of June, 2000, hold duly noticed Public Hearings to consider the request of La Quinta Arts Foundation for review of a Specific Plan to allow festival grounds, a Foundation building, amphitheatre, parking lots and associated land uses on 28.33 ± acres located on the west side of Washington Street, between 47th Avenue and 48th Avenue, and more particularly described as: Assessor's Parcel Number 643-090-024 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of May 23, 2000, hold a duly noticed Public Hearing for Specific Plan 2000-042, and recommended approval under Resolution 2000-036; and WHEREAS, the project 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 Community Development Director has conducted an Initial Study (Environmental Assessment 00-394) and determined that the proposed project could have an adverse impact on the environment. However, there would not be a significant effect in this case, because appropriate mitigation measures were made a part of the Conditions of Approval for Specific Plan 2000-042, and a Mitigated Negative Declaration of Environmental Impact will be filed; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval for said Specific Plan 2000-042: Finding_Number 1 - Consistency with General Plan/Zoning Code The proposed Specific Plan is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and supports 49 C:\My Documents\WPDOCS\CCResoArtsSP.WPD Resolution 00- Specific Plan 00-042 June 20, 2000 the development of a regional arts facility, as conditioned. The proposal also furthers the goals and objectives of the Circulation Element, insofar as it limits access to Washington Street. 2. The proposed Specific Plan is compatible with the City's zoning ordinance in that it provides standards for the proposed land uses, and implements requirements for Conditional and Minor Use Permits, as stipulated. Finding Number 2 - Compliance with the California Environmental Quality Act 1. A Mitigated Negative Declaration of Environmental Impact has been prepared by the Community Development Department as required by the California Environmental Quality Act statutes. The assessment concludes that the project will not significantly affect the environment, provided Mitigation Monitoring is completed (EA 00-394). In this case, project mitigation includes berming and noise reduction measures, limitations to the hours of operation, compliance with City standards for the protection of groundwater and analysis of visual impacts. The Environmental Assessment and comments thereon, have been reviewed and considered by the City Council. Finding Number 3 - Site Design 1 . The project, as conditioned, is compatible with the City's standards and existing surrounding development. Conditions of approval have been included to ensure compliance with the City's standards. Each of the phases of the proposed Specific Plan will be required to submit Site Development Permit applications prior to development of the site. Finding_ Number 4 - Site Improvements 1 . The extension of all public services, as required, will provide for the logical expansion of services in the City. 2. All improvements within and adjacent to the proposed project will be constructed to meet City standards and be compatible with surrounding development. 3. The Specific Plan, as conditioned, will not pose a hazard to the public health, welfare or safety. 0. C:\My Documents\WPDOCS\CCResoArtsSP.WPD Resolution 00-_ Specific Plan 00-042 June 20, 2000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the City Council in this case. 2. That it does hereby require compliance with those mitigation measures required in Environmental Assessment 2000-394. 3. That it does approve Specific Plan 2000-042 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 20th of June, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STANLEY SNIFF, Mayor Pro Tern City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, Acting City Attorney 4 9 v City of La Quinta, California C:\My Documents\WPDOCS\CCResoArtsSP.WPD p; Addendum to Environmental Checklist, EA 2000-394 I. a) Washington Street is designated a Primary Image Corridor in the City's General Plan. This designation ensures that special setback standards and landscaping are included in project development. The Specific Plan and Site Plan show that the project proponent will meet the City's standards for both landscaping and setbacks, thereby reducing the potential impacts to a level of insignificance. b), c) & d) The project site is currently. vacant desert land. The construction of the proposed project, and installation of parking lot and festival ground lighting, will therefore have an impact, both on- and off -site. The Specific Plan includes the use of portable light standards for evening events only in parking areas. The Specific Plan further states that the City's standards for lighting will be adhered to. The closest point from a parking area to the boundary of Laguna de la Paz is approximately 40 feet. This distance is comprised of landscaping and berming, which will serve to obstruct lighting from the site. Finally, the parking areas are proposed to be 2 to 3 feet below the grade of the adjacent residential development, which will lower the level of headlights within the parking lots. With the implementation of the following mitigation measures, the impacts from light and glare should be reduced to a less than significant level. 1. All lighting on light standards, whether portable or permanent, shall be angled downward, so as not to illuminate adjacent land uses. 2. All ,lighting on the project site shall conform to the City's Zoning Ordinance. 3. Lighting on the festival grounds for evening events shall be angled away from residential development to the south and from the hillsides, and shall not be located any closer than 50 feet from the southern property boundary. II. a) & c) The site of the proposed project is not used for agricultural purposes. III. c) & d) The traffic analysis for the project site states that average daily attendance at the site can be expected to be between 120 to 250 persons, including staff and visitors. The emissions from the vehicles which enter and leave the site on a daily basis will not constitute a significant impact. C:\My`Documents\WPDOCS\EA Arts F Addendum.WP6.wpd 1 The Specific Plan states that during a major event (of which there will be 5 a year), 9,000 people will attend in one day, at an average of 2.2 persons per vehicle'. This, combined with volunteer, staff and artists' trips, could result in more than 8,500 trips per day being generated at the project site (4,250 to the site and 4,250 from the site). The primary source of pollutants at the project site will be vehicular emissions. The South Coast Air Quality Management District (SCAQMD) has established standards and formulas by which vehicular emissions can be estimated. SCAQMD standards are based on daily thresholds, which, as demonstrated in the table below, will not be exceeded even during major events. Running Exhaust Emissions (pounds/day) PM10 PM10 PM10 CO ROC NOx Exhaust Brakes Tires 50 mph 351.3 13.5 72.1 0.0 1.5 1.5 Daily Threshold* 550 75 100 150 Based on 8,500 trips/day and average trip length of 8.0 miles, using EMFAC7G Model provided by California Air Resources Board. Assumes catalytic light autos at 75°F. * Operational thresholds provided by SCAQMD for assistance in determining the significance of a project. The Table demonstrates that the emissions from a major event at the project site will not exceed thresholds for significance. Therefore, it is assumed that medium (5,000 people) events are not expected to exceed the SCAQMD standards. The grading process is expected to occur in one phase, and is expected to take approximately 30 working days. The process will require two scrapers, one wheeled bulldozer and one water truck, each of which will operate for approximately eight hours per day. The following table describes the PM10 emissions expected to occur during the grading process, and demonstrates that grading is not expected to generate PM10 emissions which exceed SCAQMD's construction emissions thresholds. "La Ouinta Arts Foundation Spec Plan," prepared by Warner Engineering, April, 2000. C:\My Documents\WPDOCS\EA Arts F Addendum. WP6.wpd 2 Construction -Related PM 10 Emissions (pounds) Project Generated Emissions SCAQMD Thresholds Daily 9.96 150 Quarterly 298.8 13,500 Source: Table A9-8-A, and page 6-4, "CEQA Air Quality Handbook," South Coast Air Quality Management District, 1993. The Coachella Valley has in the past been a non -attainment area for PM10 (particulate matter of 10 microns or smaller). Recent analysis by SQAQMD has determined that the Valley has reached attainment, and a redesignation is pending. In order to control PM10, the City has imposed standards and requirements on development to control dust. SCAQMD also suggests mitigation for vehicular emissions, which are integrated into the following mitigation measures: 1. No earth moving activity shall be undertaken without the review and approval of a PM10 Management Plan. The applicant shall submit same to the City Engineer for each earth moving activity. 2. A PM10 Management Plan shall be prepared by the applicant for the maintenance of the parking areas and festival grounds. Said management plan shall be reviewed and approved by the City Engineer prior to the initiation of the first public event on the project site. 3. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 4. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 5. Construction personnel shall be informed of ride sharing and transit opportunities. 6. Construction parking and heavy equipment storage shall be located on the north property boundary. 7. Cut and fill quantities will be balanced on site. 8. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 490 C:\My Documents\WPDOCS\EA Arts F Addendum.WP6.wpd 3 9. Watering of the site or other soil stabilization method shall be employed on an on -going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 10. All disturbed areas shall be treated to prevent erosion until the site is constructed upon. Pad sites which are to remain undeveloped shall be seeded with either a desert wildflower mix or grass seed. 1 1 . Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. 12. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 13. Construction roads other than temporary access roads shall be paved as soon as possible, and once paved shall be cleaned after each work day. All unpaved roads shall be posted with a 15 mile per hour speed limit. 14. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 15. All buildings on the project site shall conform to energy use guidelines in Title 24 of the California Administrative Code. 16. The project shall provide for non -motorized transportation facilities and shall implement all feasible measures to encourage the use of alternate transportation measures. 17. Bicycle racks and/or other mandated alternative transportation provisions shall be included in project design, in conformance with City ordinances in effect at the time of development. 18. Low pressure sodium vapor lights shall be considered to reduce power plant emissions. 19. The project proponent shall comply with all applicable SCAQMD Rules and Regulations. With the implementation of these mitigation measures, the impacts to air quality from the proposed project will not be significant. Moreover, Improvements in technology which are likely to reduce impacts, particularly from motor vehicles or the transit route improvements in the future which may occur at the project site are not included in the analysis. Further, the air quality impacts from the 49Un C:\My Documents\WPDOCS\EA Arts F Addendum. WP6.wpd 4 proposed project falls within what was studied in the General Plan EIR. The City determined at that time that air quality impacts associated with the buildout of the City required a Statement of Overriding Considerations, which determined that the impacts to air quality of development of the Plan would be cumulatively significant when considered in conjunction with regional development, and that the City would implement all feasible measures to reduce emissions within its boundaries. In conclusion, neither the construction nor the operation of the proposed project, therefore, is not expected to have a significant impact on air quality resources. IV. a), b) d) & f) A biological resource study was prepared for the proposed project by James W. Cornett2. In addition, an Interim Biological Review, as provided in the Memorandum of Understanding for the Multi -Species Habitat Conservation Plan, was held on April 17, 2000. Finally, an on -site investigation specifically to detect the occurrence of Coachella Valley Milk Vetch was conducted on April 20 and 21, 20003. The biological resource analysis, which included on -site surveying of the project site, found that the Palm Springs ground squirrel does occur on site. The Coachella Valley fringe -toed lizard, desert tortoise and the flat -tailed horned lizard were not detected. Peninsular bighorn sheep are not believed to be present on the site. No invertebrate analysis was performed on the project site. The proposed project will result in the loss of 28 acres of desert habitat, including several mesquite hummocks. The project site is, however, isolated and already impacted by urban development, including development to the north, south and east, and illegal dumping activities which have occurred on -site. The proposed project occurs within the boundaries of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. As such, the project proponent shall be required to contribute $100 per acre to the appropriate agency for the purchase of off -site habitat. Based on the biological resource analysis, the consultation with the California Department of Fish and Game and U. S. Fish and Wildlife Service and the milk vetch investigation conducted on this site, the following mitigation measures shall be implemented: 2 "Biological Assessment and Impact Analysis," prepared by James W. Cornett, April, 1999. 3 letter report from James W. Cornett, April 24, 2000. 494 C:\My DocumentsMPDOMEA Arts F Addendum. WP6.wpd 5 1 . Bighorn Sheep Fencing. The Foundation shall actively and on an on -going basis monitor the project site any signs that bighorn sheep are entering the site. The Foundation shall request a list of indicators used to identify sheep presence from DFG prior to grading of the site. The Foundation shall take steps to ensure that any observations of bighorn sheep on or near the project site are reported to DFG and the City immediately. If information suggests that bighorn sheep are entering the project site, the Foundation shall construct, at its expense, an 8-foot fence between the development and the hillside. The fence shall not contain gaps of greater than 11 centimeters (4.3 inches). The Foundation shall notify DFG immediately upon receipt of the information suggesting that bighorn sheep are entering onto the project site, and seek any further guidance DFG has to offer regarding the construction of the fence. The fence shall be constructed within three months of the receipt of information suggesting that bighorn sheep are entering onto the project site. If requested to do so by DFG, the Foundation shall, at its expense, construct temporary fencing to the specifications of DFG to prevent bighorn sheep from entering the project site pending construction of the fence. Any and all fencing constructed will be subject to the City's Hillside Conservation Overlay District. 2. Pesticides. The Foundation shall submit a plan, approved by a biologist, which demonstrates that all pesticides, fungicides, herbicides, and fertilizers used on the site will not be harmful wildlife. 3. Lights. The Foundation shall submit a lighting plan to the City for review and approval. The plan shall avoid the illumination of the hillsides adjacent to the project site. All exterior lighting shall be aimed away from the hillside. 4. Landscaping. The Foundation shall prepare and submit for approval a landscaping plan which will not expose wildlife to toxic materials. All exotic or toxic plans, such as Oleander and Prunis, and plants which are known to invade or degrade bighorn sheep habitat, such as tamarisk, fountain grass, shall be strictly prohibited. The landscape plan shall be approved by a certified biologist, which approval shall state that the proposed landscape materials are not known to be harmful to wildlife. 5. 2081 Permit. If required by law to do so, the Foundation shall obtain a 2081 permit from CDFG. 49S C:\My Documents\WPDOMEA Arts F Addendum. WP6.wpd 6 6. No connection to hillside trails. The Foundation shall design its project so as not to facilitate persons to enter onto the hillsides from the project site. To the extent that any portion of the project site begins to be used by persons to enter into the hillsides, the Foundation shall post notices discouraging such use. 7. Coachella Valley Fringe -toed Lizard. The project proponent shall contribute $100 per acre in compliance with the requirements of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. Should a Section 2081 permit be required for this project, the fee paid shall be credited from any and all mitigation measures imposed by the 2081 permit. V. a), b) & d) Two cultural resource investigations were conducted for the project site. The first consisted of a site investigation and report, which recorded a potentially significant site, and recommended further analysis4. The second consisted of an on -site excavation of the recorded sites. The project site includes three previously recorded sites, and one site recorded during the first site survey in 1998. Testing and data recovery had previously been completed on the three previously recorded sites in 1991. The occurrence of multiple mesquite hummocks makes it likely that additional resources are located on site, and careful grading and on -site monitoring were recommended in the first study. The second study, completed to report on the testing and data recovery at CA-RIV- 6214. This process concluded that the site is not significant beyond the recovery performed for the study. Because there have been previously deeply buried sites found in this area under sand dunes, the following mitigation measure shall be implemented: 1. An archaeological monitor shall be on site during any grubbing, earth moving or excavating activity. Should a resource be identified by the monitor, he or she shall be empowered to halt or redirect grading activities while the resource is properly identified and studied. The monitor shall file a report with the City of his or her findings, including disposition of any resource identified. Vl. "a) i) The proposed project does not lie in an Alquist-Priolo hazard area. No known earthquake fault occurs within several miles of the proposed project. The potential impact for fault rupture is not expected to be significant. 4 "A Cultural Resources Inventory and Evaluation of the La Quinta Arts Center Project," prepared by ASM Affiliates, December, 1998. 49J 5 "Archaeological Investigations at CA-RIV-6214...," prepared by ASM Affiliates, April, 2000. CAMy DocumentsMPDOMEA Arts F Addendum.WP6.wpd 7 VI. a) ii) The proposed project occurs in a Zone III groundshaking zone. The City has adopted the provisions of the Uniform Building Code for this hazard. Construction of any structure on the project site will conform to these standards, and will reduce the potential hazard to a less than significant level. VI. a) iii) The proposed project does not occur in a liquefaction hazard area. The depth to groundwater in the project area is estimated to be more than 50 feet6. The soils on the site are loose silty sand, which has the potential to shift in a seismic event. The soil engineering report prepared for the proposed project recommends over -excavation and recompaction of the site in any area where structures are proposed. The findings of the report are preliminary, and not based on construction plans. The City's standards for site preparation and geologic analysis, as detailed below, will reduce this potential impact to a less than significant level. VI. a) iv) The proposed project occurs adjacent to the foothills of the Santa Rosa Mountains. During a significant seismic event, it can be expected that rocks from the adjacent hillsides will fall to or near the site. The proposed site plan, however, does not propose construction of any structure within 250 feet of the western property line. This distance will provide sufficient buffer to minimize the potential impacts of rockfall on the proposed project. VI. b) As discussed above, the soils on the proposed site are loose silty sand. As such, unstable soil conditions can occur from improper grading or excavation. The City's standards for site preparation shall be adhered to in all site preparation activities. In order to reduce the impacts of unstable soils on the proposed site, the following mitigation measure shall be implemented: 1. Prior to issuance of a grading permit for any structure on the proposed site, the applicant shall submit, for review and approval by the City Engineer, a detailed, site specific soil study, which shall include recommendations designed for the specific structure being constructed. VI. c) As discussed previously, the proposed project occurs adjacent to the Santa Rosa Mountains. Steep hillsides rise from the property's western boundary, and represent an important geologic feature for the City. The proposed project does not, however, propose to disturb any area within the. toe -of -slope, as defined in the City's Hillside Preservation Ordinance. Insofar as no development will occur in the toe -of -slope, the significant geological feature will be preserved, and there is not expected to be a significant impact. 500 6 'Soil Engineering Report,' prepared by Earth Systems Consultants, January, 1999. C:\My Documents\WPDOMEA Arts F Addendum.WP6.wpd 8 VIII. a) The water to be retained in the parking lots will be contaminated by the oils, gasoline and other chemicals leaked from vehicles in the parking lots over a long period of time. These hazardous materials can potentially percolate into the soils below the parking lots, and eventually contaminate groundwater. Technology exists which can reduce these potential impacts to a less than significant level. The following mitigation measures shall be implemented: 1 . The applicant shall submit to the City Engineer for review and approval, a comprehensive storm water management plan, prior to the issuance of grading permits. The plan shall describe any and all "water cleaning" technologies to be implemented on the project site. Such devices could include, but are not limited to oil separators, interceptors and swales. 2. All drainage facilities shall be maintained to a level acceptable to the City Engineer. VIII. b) Although the proposed project will utilize water for irrigation and in its operation, the potential impacts are expected to be less than significant. The proposed project will utilize water in quantities far lower than those which could be expected from residential development on the site. In addition, the use of parking lots as retention basins enables water to be recharged into the groundwater basin. Finally, irrigation water will also percolate.into the ground, and be eventually re -absorbed into the groundwater basin. Domestic water is provided by the Coachella Valley Water District, which extracts groundwater from a number of wells in the Lower Thermal sub -basin. The impacts to domestic water supplies are not expected to be significant, since limited activity on the site, combined with percolation from storm water retention and irrigation, will lower the impacts to the aquifer. VIII. c), d) & e) Any development proposal reduces the amount of natural terrain available for percolation, and changes drainage patterns. The proposed project will be largely unpaved, and will consist of parking areas covered with decomposed granite or similar material. The areas of the development project which will be paved for roads, the amphitheatre area, and the restroom and office/education buildings will no longer be able to absorb surface runoff. The City. requires all development proposals to retain flows generated by the 100 year, 24 hour storm on -site. This requirement contains drainage to the site on which it occurs, and in this case, will also assure the safe routing and discharge of flows from the hillside. Altogether, the site must contain 13.26 acre feet. A series of debris and retention basins will be required. The City Engineer will impose conditions of approval on the proposed project which will 50 C:\My Documents\WPDOMEA Arts F Addendum.WP6.wpd 9 require that the applicant prepare plans and studies which meet the City's standards, contain on -site and off -site flows, and provide an acceptable safety factor. These conditions of approval will provide for sufficient mitigation to reduce the potential impacts to an acceptable level. The location of the parking areas and festival grounds within retention basins poses a potential significant impact on people visiting the proposed project. Storms in the desert are frequently sudden, of short duration, and of large volume. The Specific Plan states that the facility will not be used during periods of imminent storms. However, the occurrence of sudden storms, the large number of people and vehicles which could be on -site, and the rapid filling of retention areas is a potential hazard. In order to minimize the potential impacts to people from flooding hazards, the following mitigation measures shall be implemented: 1. The Foundation shall coordinate with the City's emergency preparedness staff, and shall prepare, for review and approval, an emergency evacuation plan for all areas of the project site. 2. The Foundation shall establish a formal emergency preparedness training program. All volunteers and paid staff shall participate in training to familiarize them with emergency evacuation procedures at the site. 3. There shall be no activities in the festival grounds, and all parking areas shall be cleared of vehicles at any time when the National Weather Service issues a severe storm warning for the La Quinta area. 4. All debris basins shall be maintained to a level acceptable to the City Engineer. IX. b) The General Plan and Zoning designation for the proposed project are Low Density Residential. The project includes a proposed Specific Plan which will delineate the permitted uses. The proposed project represents a departure from the identified primary land use for the property, namely, low density residential development. The General Plan does not prohibit the proposed use in its policies and programs. The Specific Plan, if approved, will authorize the uses. The Zoning Ordinance expressly provides for these uses with the review and approval of a conditional use and minor use permit. A conditional use permit has been submitted as part of this application, and minor use permits will also be applied for in the future as required by the'Zoning Ordinance. The project is not in conflict with any applicable environmental plans or policies, including those set forth in the City's General Plan. C ;,(l h The proposed project will occur adjacent to existing low density residL Mill development (Laguna de la Paz). The proposed uses include art festivals, entertainment events in both the daytime and evening hours, educational C:\My Documents\WPDOMEA Arts F Addendum.WP6.wpd 10 programs, and administrative office uses. The Specific Plan document identifies art festival and concert events which, if held sequentially, would occur on 1 1 5 days during the year. In addition, educational and gallery events in the proposed 60,000 square foot building would occur on 175 days per year, and administrative activities will be on -going. This represents a more intense level of activity than would be expected in a low density residential development. The existing low density residential to the south of the proposed project could be significantly impacted by such a level of activity, if no mitigation measures were proposed. The Specific Plan proposes several design features intended to mitigate the impacts of the proposed project on adjacent residential development, as follows: * The installation of 3 to 4 foot high berms along the southerly boundary of the proposed project adjacent to the general parking area only. *Along the southern boundary adjacent to the festival grounds area of the project, a wall extending 3 to 4 feet above the existing Laguna de la Paz wall is proposed. *Along the southern boundary adjacent to the artists' parking area, a 9'6" berm is proposed. In order to mitigate the potential impacts of the proposed project on the residents of Laguna de la Paz, the following mitigation measures shall be implemented: 1. For all events, the northerly portion of the general parking area shall be filled prior to the opening of the southerly general parking area for use. 2. "Set up" and "break down" activities in the festival grounds shall conform to the City's hours for construction activities, as stipulated in the noise ordinance. 3. All parking areas, especially the artists' parking area, shall be posted "No overnight parking." In addition, artists' vehicles shall not be allowed to idle, or to operate generators during festival events. 4. Temporary bathroom facilities shall not be located within 300 feet of the southern property line. 5. The future restroom facility proposed for the southeastern corner of the festival grounds shall be relocated and shall be at least 300 feet from the southern property line. rl 6. All construction, including the construction of parking lots and the festival grounds, shall be subject to a Site Development Permit. C:\My Documents\WPDOMEA Arts F Addendum.WP6.wpd 11 XI. a), b) & c) A noise impact analysis was performed for.the proposed project'. The noise analysis found that current conditions at the project site include a 70 dBA CNEL, noise level at a distance of 100 feet from the center line of Washington Street. Future (2015) ambient noise levels are expected to reach 75 dba CNEL at the eastern property boundary, and to be between 60 and 65 dBA CNEL at the western property boundary. The noise analysis also included monitoring of La Quinta Arts Festival events during the month of March, 2000. The analysis -included monitoring of entertainment events, a diesel power generator used to power festival lighting, a dining area within the festival grounds, artist booths and mobile noise sources. The analysis found that the loudest source of noise during the festival was the entertainment stage, and that at a distance of 50 feet, a noise level of 81 dB Leq was recorded. That noise level fell to 60 dB Leq at 225 feet from the stage. This noise reduction was in great part due to the sound -absorbing properties of the artist booths. The monitoring data was then applied to the proposed project site. The results of this analysis are summarized below. Musical Performances: The analysis found that if small, directional speakers are utilized at the amphitheatre, a noise level of less than 50 dB can be expected at the residential units at Laguna de la Paz, and 75 dB in the open space areas to the west. Public Address Systems: The impact of such a system will be less than that of a musical event, provided all public address microphones are directed in a northerly direction. The analysis further recommends that public address use cease during evening hours. On -site Traffic and Parking Areas: The noise emitted from parking vehicles is not expected to be a significant impact, particularly as the 70 dB noise contour occurs on the site, in the area of the parking lots. 1. Only small, directional speakers, pointed in a northwesterly direction, shall be installed or utilized at the amphitheatre. No speakers or amplification of any kind shall be utilized within the amphitheater between 11 p.m. and 10 a.m., and no events shall be held in the amphitheater between 12 a.m. and 10 a.m. 2. All public address system speakers shall be pointed in a northerly direction. 7' "Acoustical Analysis Report," prepared by Douglas Eilar & Associates, April, 2000. C:\My Documents\WPDOMEA Arts F Addendum.WP6.wpd 12 3. All public address system use shall cease between 7 p.m. and 7 a.m. 4. Signs shall be posted in the southern General Parking Area requesting that care be taken to disable automobile alarm systems in consideration of the residential land uses to the south. 5. A solid barrier shall be constructed along the eastern and southern. boundaries of the proposed project. The barrier may be a berm or wall, but in either case shall have no gaps. If a berm is constructed, it shall be 5 feet in height. If a wall is constructed, it shall be no less than 6 feet in height. Such a barrier shall be designed to block the line of sight to adjacent residences, and as such the computation of height shall be based on the grade of the adjacent residences, since these grades are higher than those planned for the proposed project. 6. The Foundation shall include, in all its agreements with outside entertainment providers, a notice which advises the contractor that the Foundation strives to provide a quiet noise environment on its grounds, and shall further notify the contractor of mitigation measure no. 1, above. 7. The finished grade of the southern portion of the General Parking Area, the Artists' Parking Area and the Festival grounds shall not be higher than the parallel existing grades within Laguna de la Paz. 8. Construction equipment storage and maintenance shall be located at the northern property line. 9. All construction equipment shall be equipped with mufflers, and shall be maintained in good operating order. 10. All construction activity shall conform to the City's standards, included in its Noise Ordinance. 11. The souther) General Parkin Lot and Artists' Parkin Lot sh III be Y 9 9 cleared and closed by-44 m. whenever the site is in use. n o t &6-,- P rh XII. a) The proposed project may indirectly induce growth, insofar as any ity's amenities and recreational opportunities influence a homebuyer's decisi n to purchase. The location of the proposed project will provide for such dded recreational and cultural amenities. This potential impact, however, i not expected to be significant. � W) C:\My DocumentsMPDOMEA Arts F Addendum.WP6.wpd 13 XIII. a) The construction of the proposed project will result in short-term potential impacts for both police and fire services. The gathering of a large number of people for short periods of time increases the potential for a need for such services. However, such short-term impacts are not expected to be significant, if the following mitigation measures are implemented: 1. All development plans shall be routed to the Fire and Police Departments for review and comment. Once the project is complete, a final "as built" site plan shall be provided to both agencies for their files. 2. All Minor Use Permits for the project site shall be transmitted to the Fire and Police Departments for review, comment and conditions of approval. 3. The Foundation shall ensure that, all activities of its traffic control officers, as required under item VI. Above, shall be coordinated with the Police Department. All development has an impact on governmental facilities and services. The Foundation will be required to participate in the City's Impact Fee Program, which helps to offset roadway improvements. In addition, the revenues generated by the site will result in sales tax for the City, which will offset any needs for additional municipal services. The proposed project is not expected to have a significant impact on municipal services or facilities. XV. a) The proposed project occurs on the west side of Washington Street, between 47th and 48th Avenues. A median island currently exists in Washington Street. Washington Street has been recently improved to three lanes in both directions from the 1-10 Freeway to the project site. No median break is planned for the project site. A traffic analysis was prepared for the proposed project". The traffic analysis concludes that the proposed project will generate up to 686 peak hour trips during major events. it is further estimated in the traffic study that 45% of all trips exiting the site will go east on 48th Avenue, 20% will go south on Washington Street, and 35% will go north on Washington Street. The analysis further concludes that traffic conditions in 2001, after project buildout, will remain at current levels of service, and will not cause either the intersection of Washington Street & 48th, or the intersection of Highway 111 & Washington Street to drop below the City standard LOS D. The traffic analysis results in the following mitigation measures: 5un 8 Traffic Study for La Quinta Arts Foundation Arts Center,* prepared by Korve Engineering, Inc., November, 1999. C:\My Documents\WPDOMEA Arts F Addendum.WP6.wpd 14 1. Traffic control officers shall be employed by the applicant during all events occurring at the amphitheatre. Said traffic control officers shall be stationed at the intersection of Washington Street and 48th, and Washington Street and 47th before and after each performance. 2. The City shall monitor the need for traffic control officers during other major events, and may require such officers through the Minor use Permit process. 3. The Foundation will be required to participate in the City's Impact Fee Program, which helps to offset roadway improvements These mitigation measures will reduce the impacts of the proposed project to a less than significant level. XV. e) The proposed project provides for paved access within 100- 150 feet of any future structure, which will meet the requirements of the Fire Department. Several gates within the proposed project will be conditioned to be equipped with Knox Boxes or similar devices to enable emergency vehicles to get in. The. only area where a potential impact occurs is as regards the provision of emergency medical treatment for an injured party in the festival grounds. The following mitigation measure should reduce this potential impact to a level of insignificance. XV. f) 1. The Foundation shall establish a medical response plan, in coordination with the Fire Department, and shall have staff on -site at all events trained in the implementation of such a plan. The Specific Plan proposes a reduced parking standard for the project site. Parking is proposed in several areas, most of which is located in the General Parking lots at the eastern boundary of the project site. In addition, 340 parking spaces are available through a reciprocal parking agreement with the adjacent catholic church. The conditions of approval prepared for the project will require that adequate on -site parking is provided. The following mitigation measures are to be implemented: 1. Parking shall be provided on site to accommodate the peak hour of a major event (1,200 persons in one hour), concurrent with an event at the amphitheatre (2,400 persons). 50" 2. No parking shall be permitted on Washington Street at any time. ` 3. The City shall monitor parking problems at major events, and shall provide restrictions or additional conditions of approval through the Minor Use Permit process should parking problems develop. XV. g) The proposed project does not indicate any parking spaces for bicycles on the site. The Zoning Ordinance requires such a standard. In addition, the provision of such parking will encourage non -motorized travel and reduce emissions from vehicles. Further, the site occurs along a SunLine Transit bus route. The use of public transportation to and from events at the site should be encouraged. The following mitigation measures shall be implemented: 1. Bicycle parking shall be provided in conformance with the standards established in the City's Zoning Ordinance. 2. The applicant shall provide a bus turnout, bus stop and amenities including a shelter, bench and trash receptacles along the property boundary, to the satisfaction of both SunLine Transit and the City. XV. b) c) & f) The construction of the proposed project will have a limited impact on sanitary sewers, storm drainage, solid waste disposal and water supplies. However, as a non -continuous use, the impacts can be expected to be less than those of a residential development on the proposed site. The overall impacts of the project on these services is not expected to be significant. 50PS C:\Mv Documents\WPDOCS\EA Arts F Addendum. WP6.wod 16 It N O O O M It co O z J W C9 n�. cc N W N Cl) Q A, El- i 0 p v 0 V w cc a O O O N a. C) U) N O V O a. LU Q G J w a a Q O cc 'D c m a U- co i d, Q () O o d N J 0 z Q z U cr.ui A U W Q W H Q C7 W z 0 W H W r H r t 3 z O I- U W z z O U P70 O cc a O z R O z z z O 0 F_ LL U W Z LL �a zLL W W 0 as W W D: z CC OO J Q U. Q w� rQ U W a W - Q O ui Um 40 J W U OW U C,) Q U a W �= "O O v rn c O N O CD c . cc E N v .N Q. O m O d � c � N a U. W ? C O m O ai to F- z Z00 t fl. 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O +, m 0 y� aci aci E 0 > 0 CD E O Z U U ` LL o L- N �, ++ c CD w w °c) w mE E 0 0 c 0 U 0 U p 1^ E C, O U U w U a U a rn vi -2 _ co N V ca C cYa C. � 0 U C N O 0 0 a) C L- CA F" C C' O +c°+ N 0 V C) O C Q C7 W z E C. E A 4- O L- M N a N 0) C O +' F.. � +, +, U +N, 4,, C LL Y at W Q 0 a C C i a) C) a) D E c 0 N (� w „_ 0 c° c E Cr O i i (1) C Q m (a,� ' +`, (D C w°- coo L co Y H C V U co > O i +, a' A a) +0 N i W _O a C. OC 0 L m O C. X a° z 0 I= w cEo 0 a w CLL z 52 W a c m U Z a_W J Y a U W O = U U Q W H c U Z_ H c OZ U. J � m0 y H 00 a� N W U Z O W U U f' U a E .n a W i W c y c y Q °a m dS ;- co U)U, a W= N `� W J y = v ] W W Q ~W (~,) 0 4 F- i i CO _ E 4) 0 tU m 6.- -00 � W ai O X y -i of z O Q U) z -o a R 04 O 0 0 0 N a 0 w U IL June 20, 2000 Mr. Mayor Pro Tem and Council Members: Robert Ready; 48-241 Calle Floristas. The Director had to twist the language of Table 9- 1 beyond reason to have it include commercial activity such as amphitheater, vendor parking, Foundation home, fairgrounds, art gallery sales and the like, which will compete with local businesses. The zeal with which he approached this interpretive task was Herculean. The Planning Commission made its recommendation without evaluating our submittal. At that time, I told Kay Wolff and Council Member Sniff that we will sue. Mr. Sniff's quote in the Desert Sun is not true. Any decision, based upon recommendations of tlle-Z J 1 Director and the Planning Commission, is tainted. You must make the required independent findings for CUP and Specific Plan supported by legally sufficient supportive facts. I must address comments made by ex -mayor Wolff, Attorney Delaney, and my neighbor Mr. Bussjaeger. The attorney does not appear to understand what constitutes commercial activity. He might wish to read the California and U.S. Supreme Court comments on that subject. To Mr. Wolff, I am a lifelong Irish Catholic who takes great offense at your gratuitous statement that I attacked my church. It was not I who brought the church into this mess. It was you and the applicant. As an ex -mayor and councilmember you surely must know that a church can only use its public 5ti,n 2 V use permitted property for religious purposes. Using it as a parking lot for the applicant is grounds for revocation of its public use permit. As to Mr. Bussjaeger, I remind him that the applicant made a presentation at our annual meeting in February 1999. A picture of the proposed project is on the screen with its present site layout. This project has increased considerably since our initial petition. The building square footage has increased by 1000; vendor parking increased by 95; patron parking increased by 188; staff parking increased by 124; sales pads increased by 30. His comments questioning our petition are without merit. However, considering the many letters dated in May, are they outdated? Of course not. 3 26 5 The applicant has not met its burden of proving that its requested use comes within Table 9-1, museum or gallery. The principal use is not a museum nor a gallery. Staff's comparing its use to the Palm Springs Museum could not be more in error. That museum is on commercially zoned land. CEQA requirements have not been met. Mitigation measures are inadequate and have not been incorporated in the Specific Plan. A specific plan implements and refines the general plan by allowing for greater specificity as to permissible uses. This specific plan deals with an impermissible use and numerous violations, not staff's so-called variations, of the zoning code. All regulations must be uniform for each class or use of 4 520 land throughout each zone. Based upon the record before you, no reasonable person can make the necessary findings. The applicant has embarked upon a seemingly commendable course in a legally faulty vessel. I again remind you that we will contest any favorable decision in court and ask that you not permit any applicant activity on the parcel until our legal rights have been exhausted. 5 v d 7 .h A 3ggyy. r x ai! 'k I d� rt J '� 60.Also, under this table right hand column, Time for Removal, 2nd row shall be amended to comply with the Zoning Code, and require removal within 7 days. 62.A The applicant agrees to be bound by any amendment to the City's sign ordinance. 65. Remove "either by temporary mobile light poles," "wherever possible" and the last two sentences. 69. Add after shall be submitted "with thirty days of approval of the Specific Plan for review and approval by the City Council". Titit 4 4 Q" COUNCIL/RDA MEETING DATE: Public Hearing on General Plan Land Use Alternatives AGENDA CATEGORY: BUSINESS SESSION: June 20, 2000 CONSENT CALENDAR: As deemed appropriate by the City Council. •o None at this time. CHARTER CITY IMPLICATIONS: None at this time. �fl3�3�17 � 11�Z�1rl�rLi�'T� STUDY SESSION: PUBLIC HEARING: d— The City Council, at its May 16, 2000, meeting held a continued Public Hearing on the General Plan Land Use Alternatives; directed staff to prepare a Golf Cart Transportation Plan; and continued the General Plan Public Hearing to June 20, 2000 (Attachment 1). Staff is working with the General Plan consultant, Terra Nova Planning and Research, to add all the unincorporated areas identified in the Annexation Study Area to the General Plan Update "Planning Area" located east and southeast of the City's jurisdictional limit, to initiate the process to prepare a Golf Cart Transportation Plan, and to finalize the Notice of Preparation for the General Plan Environmental Impact Report. FINDINGS AND ALTERNATIVES: The alternatives to the City Council include: 1. Continue this Public Hearing to a date certain in July, 2000 or; 2. Close the Public Hearing and direct staff to re -notice a new hearing at a later date; or I Provide Staff with alternative direction. Respectfully subm Jerly Herma'h Co munity Development Director Attachment: 1. City Council Minutes of May 16, 2000 Approv d for submission b : Thomas P. Genovese, City Manager 53 �i10 ..- City Council Minutes 25 May 16, 2000 5. CONTINUED PUBLIC HEARING ON GENERAL PLAN LAND USE ALTERNATIVES AND DISCUSSION OF THE POTENTIAL FOR A GOLF CART TRANSPORTATION PLAN WITHIN THE CITY AND POTENTIAL ANNEXATION AREAS. The Mayor declared the PUBLIC HEARING OPEN at 12:07 p.m. After a brief discussion, Council concurred to continue the public hearing and move forward with the process for establishing a Golf Cart Transportation Plan. Robert Tyler, 44-215 Villeta Drive, spoke in support of the Golf Cart Transportation Plan. MOTION - It was moved by Council Members Henderson/Adolph to continue the public hearing on General Plan land use alternatives to June ,20, 2000, and direct staff to begin the process of establishing a Golf Cart Transportation Plan. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2000-86. '•�_ i •i 7• CVAG Committees — Mayor Pena advised CVAG is putting together a meeting with all of the Indian tribes regarding the proposed legislation for the Torres -Martinez Indians. Riverside County Transportation Commission — Mayor Pena reported RCTC has voted to seek an extension to Measure A in the March 2002 elections. All other reports were noted and filed. ' • i � • 1 _ i ll 1. DISCUSSION OF MEDIAN LANDSCAPING ON EISENHOWER DRIVE FROM WASHINGTON STREET TO COACHELLA DRIVE AND ON WASHINGTON STREET FROM AVENUE 48 SOUTH TO THE BRIDGE. Council concurred to continue this matter to June 6, 2000. 5 3 `; T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: June 20, 2000 ITEM TITLE: Public Hearing on Landscape and Lighting Assessment District 89-1, Fiscal Year 2000/2001 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 3 Adopt a Resolution of the City Council of the City of La Quinta confirming the diagram and assessment for Landscape and Lighting District 89-1, Fiscal Year 2000/2001, pursuant to the Engineer's Report. Implementation of the recommendation outlined in this report will generate approximately $773,675 in revenue from Landscape and Lighting District assessments for Fiscal Year 2000/2001, offsetting estimated Landscape and Lighting District expenditures of approximately $1,142,872 for the same period of time. None. On May 16, 2000, the City Council adopted the following two (2) resolutions: ► Resolution No. 2000-42 (Attachment 1), approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1, Fiscal Year 2000/2001; ► Resolution No. 2000-43 (Attachment 2), declaring the City's intention to levy annual assessments for maintenance and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof. T:\PWDEPT\COUNCIL\2000\000620a.wpd The Engineer's Report is required by the Landscape and Lighting Act of 1972 and must include the following information: 1 . A description of the services to be provided throughout the District. 2. Total costs necessary to provide all services described in the Engineer's Report. 3. A diagram showing the boundaries of the District, including special benefit zones. 4. An assessment schedule. The May 2000 Engineer's Report, prepared by City staff with the parcel reconciliation completed by MuniFinancial, provides the required information for the Landscape and Lighting District 89-1 for Fiscal Year 2000/2001. A copy of the report is on file in the City Clerk's office. The Engineer's Report projects the following for Fiscal Year 2000/2001 in comparison to the Fiscal Year 1999/2000 Engineer's Report: FY 1999/2000 FY 2000/2001 Citywide benefit zone Yes Yes Number of local benefit zones 6 6 Number of Equivalent Dwelling Units (EDU's) 21,467 21,732 EDU Rate $35.60/EDU $35.60/EDU District Revenue $764,225 $773,675 The actual assessment per equivalent dwelling unit (EDU) has not changed from the previous year. The Engineer's Report was completed in accordance with provisions set forth by Proposition 218, which was passed by the voting public during the November 1996 election. The total proposed Landscape & Lighting Budget for 2000/2001 is $1,530,923. The total cost for exempt projects as indicated in the Preliminary Engineer's Report is $1,142,872. Last year the total estimate for exempt projects in the District was $1,041,872. The increase in cost for exempt projects is due to the addition of the following medians in the Engineer's Report: 1. Avenue 52 from Desert Club Drive to Avenida Bermudas. 2. Calle Sinaloa from Avenida Bermudas to Eisenhower Drive. 3. Calle Tampico from Washington Street to Eisenhower Drive. 4. Washington Street (within the City limits) from the Whitewater Channel to the north City boundary (approximately 600' north of Darby Road). 5. Prototypical Street Landscaping - Calle Estado. 6. Washington Retention at Sagebrush (last year). 7. Calle Tampico Frontage (last year). 8. La Fonda Landscaping. rj 3 v 9. Eisenhower Drive Median from Fernando north to the median terminus. 002 T:\PWOEPT\COUNCIL\2000\000620a.wpd 10. Highway 1 1 1 Median from the west City limits to Adams Street. 11. Seasons Retention Basin. 12. Washington Street Median from Highway 111 to the Whitewater Channel Bridge. The proposed 2000/2001 budget of $1,142,872 for exempt projects includes $1,137,309 for the total citywide benefit zone and $5,563 for the North La Quinta Sub Zone expenses. As was the case in Fiscal Year 1995/1996, Fiscal Year 1996/1997, Fiscal Year 1997/1998, Fiscal Year 1998/1999, and Fiscal Year 1999/2000 it is proposed that the North La Quinta Sub Zones continue to be identified in the Engineer's Report and the expenses be funded from sources outside of the Landscape & Lighting Assessment District. In accordance with Proposition 218, assessments cannot be increased without a vote of the public during an election year in which City Officials are running for election. Therefore, last year's assessment of $35.60 per EDU is proposed for the Fiscal Year 2000/2001 assessment. With the new parcel reconciliation, the estimated total revenue for the District is $773,675. The difference ($369,197) will be funded through the General Fund. On June 6, 2000, the City Council conducted a Public Meeting in order to provide the affected property owners an opportunity to ask the City Council and staff questions pertaining to the proposed changes to the Landscape and Lighting Assessment District 89-1 for Fiscal Year 2000/2001, as outlined in the Preliminary Engineer's Report, dated May 2000. No one chose to speak regarding the proposed changes. Should the City Council receive testimony from the public through the end of the Public Hearing that warrants a change to the assessment level, the City Council can adjust the assessment levels. However, the assessment can either stay the same or be reduced in comparison to the assessment from Fiscal Year 1999/2000. A reduction in the assessment level will impact the revenues necessary to fund the proposed Landscape and Lighting operational budget for Fiscal Year 2000/2001. If service levels are not adjusted accordingly, the General Fund would need to be utilized to make up the difference between the reduced revenue level and the proposed Landscape and Lighting operational budget. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council of the City of La Quinta confirming the diagram and assessment for Landscape and Lighting District 89-1, Fiscal Year 2000/2001, pursuant to the Engineer's Report; or J3-7 003 T:\PWDEPT\COUNCIL\2000\000620a.wpd 2. Direct staff to adjust the Engineer's Report to reflect any changes approved by the City Council upon the conclusion of the Public Hearing. Should the City Council direct amendments to the Engineer's Report, dated May 2000, an amended Engineer's Report and the impacts of the amendments will be submitted to the City Council for approval at the July 18, 2000 City Council Meeting. Upon approval, the City Council will adopt a resolution confirming the assessment diagram and assessments for Fiscal Year 2000/2001, pursuant to the modified Engineer's Report. Any reduction in the assessment will result in a reduction of Landscape and Lighting District revenues available for Fiscal Year 2000/2001, requiring one or a combination of the following: ► Supplement Fiscal Year 2000/2001 revenues with other fund sources, such as the General Fund; ► Reduce services to reflect the reduced revenue levels; or 3. Provide staff with alternative direction. Respectfully submitted, C ris A. Vog , P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Resolution 2000-42 2. Resolution 2000-43 53u T:\PWDEPT\COUNCIL\2000\000620a.wpd 004 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2000/2001 ASSESSMENT DISTRICT NO. 89-1 (Pursuant to the Landscape and Lighting Act of 1972) The City Council of the City of La Quinta Resolves: SECTION 1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council directed the City Engineer to prepare and file an annual report for Fiscal Year 2000/2001. SECTION 2. The City Engineer filed an annual report on May 16, 2000, and the City Council adopted its Resolution of Intention to Levy and Collect Assessments within Assessment District 89-1 for Fiscal Year 2000/2001 and set a Public Meeting date of June 6, 2000 and a Public Hearing date of June 20, 2000 at the La Quinta City Council Chambers, 78-495 Calle Tampico, La Quinta, California. Notice of the Public Meeting and Public Hearing was given in the time and manner required by law. SECTION 3. On June 6, 2000, a Public Meeting for which notice was given was conducted at which every interested person was given an opportunity to object to the proposed assessment. SECTION 4. On June 20, 2000, a Public Hearing for which notice was given was conducted at which every interested person was given an opportunity to object to the proposed assessment in writing or orally, and the City Council has considered each protest. SECTION 5. On June 20, 2000, the City Council found that written protests against the proposed assessment had not been made by owners representing more than one-half of the area of the land to be assessed. SECTION 6. The City Council hereby confirms the diagram and assessment as set forth in the annual report of the Engineer of Work and hereby levies the assessment set forth for Fiscal Year 2000/2001. 005 T:\PWDEPT\COUNCIL\2000\000620a.wpd PASSED, APPROVED, AND ADOPTED this 201h Day of June 2000 by the following vote: AYES: NOES: ABSTAIN: ABSENT: 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 T:\PWDEPT\COUNCIL\2000\000620a.wpd im ATTACHMENT 1 RESOLUTION NO. 2000-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE REPORT OF THE ENGINEER FOR FISCAL YEAR 2000/2001 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 WHEREAS, the City Council of the City of La Quinta, pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code, did on April 4, 2000, order the City Engineer, Chris A. Vogt, P.E., to prepare and file a report in accordance with Article 4 of Chapter 1 and Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22565, for the Fiscal Year commencing July 1, 2000 and ending June 30, 2001 in connection with La Quinta Landscape and Lighting Assessment District 89-1; and WHEREAS, the City Engineer has prepared and filed with the City Clerk of the City of La Quinta and the City Clerk has presented the City Council such report entitled "La Quinta Landscape and Lighting Assessment District 89-1, Preliminary Engineer's Report" (the "Report); and WHEREAS, the City Council has carefully examined and reviewed such Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The Report, as filed, is hereby approved. PASSED, APPROVED and ADOPTED this 16"' day of May, 2000, by the following vote: AYES: Council Members Adolph, Henderson, Sniff, Mayor Pena NOES: None ABSENT: Council Member Perkins ABSTAIN: None JOigN V. PENA,Vayor City of La Quinta, California 54' i MS ATTACHMENT 2 RESOLUTION NO. 2000-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE AND SERVICING LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF WHEREAS, the City Council by its Resolution No. 89-9 initiated proceeding pursuant to provisions of the Landscape and Lighting Act of 1972,*being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as "the Act"), for the formation of a Landscape and Lighting Assessment District designated "La Quinta Landscape and Lighting Assessment "District No. 89-1 ", shall include all of the territory located within the boundaries of the City; and WHEREAS, the City Council desires to levy and collect assessments within proposed La Quinta Landscape and Lighting Assessment District No. 89-1 for the Fiscal Year commencing July 1, 2000 and ending June 30, 2001 to pay the costs and expenses of constructing, operating, maintaining, and servicing landscaping, lighting and appurtenant facilities located within public places in the City; and WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk of the City of La Quinta and the City Clerk has presented to the City Council a report in connection with the proposed La Quinta Landscape and Lighting Assessment District No. 89-1 and the City Council did by previous Resolution approve such report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: Section 1. The City Council of the City of La Quinta (hereinafter referred to as the "City Council") has previously formed Landscape and Lighting District No. 89-1 pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 225500 (hereinafter referred to as "the Act"). Resolution No. 2000-43 Assessment District 89-1 Landscape & Lighting Adopted: May 16, 2000 Page 2 Section 2. The City Council hereby finds: 1) that the maintenance and operation of projects identified in the Preliminary Engineer's report for this District No. 89-1 consisting solely of exempt items of sidewalks, streets, sewers, water, flood control, and/or drainage pursuant to Article 13D Section 5(a) of the California Constitution, and 2) that the public interest requires, and 3) declares its intention to levy and collect assessments for the fiscal year commencing July 1, 2000 and ending June 30, 2001 to pay for the costs and expenses of the improvements described in Section 4 hereof. Section 3. The territory included within the boundaries of the Assessment District includes all of the land included within the boundaries of the City. Section 4. Reference is hereby made to the report of the Engineer on file with the City Clerk of the City of La Quinta for a full and fair description of the improvements, the boundaries of the Assessment District and any zones therein and the proposed assessments upon assessable lots and parcels of land within the Assessment District. Section 5. Notice is hereby given that the 6t' day of June 2000, 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a public meeting by the City Council to allow public testimony regarding the proposed increased assessment. Section 6. Notice is hereby given that the 20' day of June 2000, 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La- Quinta, California, 92253, is the time and place fixed for a Public Hearing by the City Council on the question of the levy of the proposed assessment for Assessment District 89-1. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or, withdrawal of the protest. A written protest shall state all grounds of objections and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 7. The City Clerk is hereby authorized and directed to give notice of such hearings as provided in the Act. Section 8. The City Council hereby designates the Desert Sun as the newspaper in which notice of the Public Hearing shall be published. n Resolution No. 2000-43 Assessment District 89-1 Landscape & Lighting Adopted: May 16, 2000 Page 3 PASSED, APPROVED AND ADOPTED this 16' day of May 2000, by the following vote: AYES: Council Members Adolph, Henderson, Sniff, Mayor Pena NOES: None ABSENT: Council Member Perkins ABSTAIN: None ATTEST: JU GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California JO Fwjj PEIVA ayor City of La Quinta, California 012 TitT 4 4 Qum& COUNCIL/RDA MEETING DATE: June 20, 2000 ITEM TITLE: Public Hearing on Tentative Tract Map 29586, a Request to Subdivide 8.58 Acres into Two Multifamily Lots and Four Lettered Lots, Located South of 50" Avenue, West of Washington Street, at the Southern Terminus of Avenida Los Verdes, in Duna La Quinta. Applicant: Century -Crowell Communities RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Tentative Tract 29586, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The project location is within Planning Area III of the Duna La Quinta community, and is bounded on the east by Washington Street, south of the La Quinta Evacuation Channel, and north of the Season's retention basin (Attachment 1). Duna La Quinta is a part of Specific Plan 83-001 (Attachment 2). To date, Duna La Quinta is developed with a golf course and 103 condominium units built in 1984/85, and 40 new units under construction along Calle Norte. A total of 184 residential units are permitted in Duna La Quinta. The applicant proposes to construct 40 condominium units within TTM 29586. This request -will result in the complete buildout of Duna La Quinta. Project Request The applicant has submitted Tentative Tract Map 29586 (Attachment 3) to create two multi -family lots on which to construct a total of 40 condominium units and four lettered lots for the pool, overflow parking, private street, and an emergency access road. The proposed subdivision consists of the following: JA P:\LESLIE\ccrptTTM29586CenturyDuna6-20-OO.wpd 4i Q Lot 1 2.59 acres - 18 units Lot 2 3.74 acres - 22 units Lot A 20' wide access road Lot B private street Lot C 0.21 acres - pool lot Lot D 0.20 acres - overflow parking The subdivision will have a private street with cul de sac bulbs at each end. Because the existing Season's retention basin has a 3:1 slope adjacent to the south end of the proposed street, a 9-foot high retaining wall is required. Therefore, along the south side of the proposed street, a five foot combination block and wrought iron garden wall is proposed. The wall will be constructed on a level earthen bench that serves as the perimeter of the basin. Below this wall will be a nine foot Geo-grid retaining wall system with pocket planters so that, in time, the plantings will spread to cover the entire wall. The Geo-grid wall system consists of the same design and construction (Attachment 4) as the Geo-grid wall constructed for the Siena del Rey project at the northwest corner of Dune Palm Road and Adams Street. Along the west boundary, another nine foot Geo-grid retaining wall is proposed to support the finished pad elevation difference of approximately 10 feet, between the existing apartment buildings and the proposed units. This wall will also be landscaped in the same manner as the one along the street. At street level, a five foot high solid block garden wall with a red brick trim cap will be constructed. The proposed 20-foot wide emergency access roadway (Lot A) will serve as secondary access to comply with Fire Code requirements. It will have a crash gate at Washington Street, south of the Evacuation Channel bridge. Public Notice: This Tentative Tract Map application was advertised in the Desert Sun newspaper on May 29, 2000. All property owners within 500 feet radius of the site were mailed a copy of the Public Hearing Notice as required by the Subdivision Ordinance of the La Quinta Charter and 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 May 23, 2000. There were no issues of significant concern discussed. The Planning Commission adopted Resolution 2000-032 recommending approval of this request. Minutes of the May 23, 2000, Planning Commission meeting are attached (Attachment 5). The City's Architecture and Landscaping Committee previously reviewed the proposed' unit prototypes to be constructed in this tentative tract, in conjunction with Site Development Permit 99-642, on March 4, 1999, and adopted Minute Motion 99-007 x4 /—" PALES Ll E\ccrptTTM29586CenturyDuna6-20-OO.wpd ' recommending to the Planning Commission approval of Site Development Permit 99- 642, subject to conditions. The Planning Commission approved the units on May 25, 1999, by Planning Commission Resolution 99-046. FINDINGS AND ALTERNATIVES: The Findings necessary to approve this request can be made and are included in the attached Resolution. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council approving Tentative Tract Map 29586, subject to the Findings and Conditions of Approval; or, 2. Do not adopt a Resolution of the City Council approving Tentative Tract 29586; or, 3. Provide staff with alternative direction. Respectfully subrr)itted, Herroan, Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Specific Plan 83-001 Exhibit 3. Tentative Tract Map 29586 Exhibit & Preliminary Grading Plan 4. Geo-grid Wall System Exhibit 5. Planning Commission minutes for meeting of May 23, 2000 54 1 P ALESLI E\ccrptTTM29586Centu ryDuna6-20-OO.wpd RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SUBDIVISION FOR CONDOMINIUM DEVELOPMENT, LOCATED SOUTH OF 50TH AVENUE, AT THE SOUTHERN TERMINUS OF AVENIDA LOS VERDES, IN DUNA LA QUINTA CASE NO.: TENTATIVE TRACT MAP 29586 APPLICANT: CENTURY-CROWELL COMMUNITIES WHEREAS, the City Council of the City of La Quinta, California did on the 20th day of June, 2000, hold a duly noticed Public Hearing at the request of Century - Crowell Communities to subdivide 8.58 gross acres in the Medium Density Residential Zoning District into two single family residential lots for condominium development, one private street lot, and three lettered lots generally located south of 50th Avenue, at the southern terminus of Avenida Los Verdes, more particularly described as: Parcels 1 & 2 and Lots A, B & C of Parcel Map 19730 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of May, 2000, hold a duly noticed Public Hearing on this request, and on a vote of 4-0-1 did recommend approval under Planning Commission Resolution 2000-032; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to approve said Tentative Tract Map 29586: Finding Number 1 - Consistency with CEQA The La Quinta Community Development Department has determined that the request has been previously assessed in conjunction with Environmental Impact Report (State Clearinghouse Number 83061304) prepared for Specific Plan 83-001, which was certified on May 15, 1984. No changed circumstances or conditions are proposed which would trigger the preparation of a subsequent Environmental Impact Report pursuant to Public Resources Code Section 21166. 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, and the appropriate cul de sac radius width of 45 feet. The project is consistent with the 54 PALES L I E\ccresTTM29586Centu ryDuna6-20-OO.wpd '~ Resolution 2000- Tentative Tract 29586-Recommended Century -Crowell Communities June 20, 2000 Medium Density Residential land use designation of four to eight dwelling units per acre, and with Specific Plan 83-001 Amendment #5 for the total number of residential units permitted within Duna La Quinta. 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 street widths, perimeter walls, parking requirements, and timing of their construction. Finding Number 4 - Consistency of Public Easements As conditioned, the design of the subdivision and type of improvements, acquired 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 natural 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: i 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby require compliance with those mitigation measures required for Tentative Tract Map 29586; 3. That it does approve Tentative Tract Map 29586 for the reasons set forth in this Resolution, subject to the attached conditions. J P:\LESLIE\ccresTTM29586CenturyDuna6-20-OO.wpd Resolution 2000- Tentative Tract 29586-Recommended Century -Crowell Communities June 20, 2000 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of June, 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 HONEYWELL, City Attorney City of La Quinta, California of P:\LESLIE\ccresTTM29586CenturyDuna6-20-OO.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED CENTURY-CROWELL COMMUNITIES TENTATIVE TRACT MAP 29586 JUNE 20, 2000 GENERAL 1. Upon approval by the City Council of this development application, the City Clerk shall prepare and record with the Riverside County Recorder, a memorandum noting that Conditions of Approval for development of the property exist and are available for review at City Hall. 2. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3. 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). 4. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • 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. "J tt- i J4L P:\LESLIE\cccoaTTM29586CenturyDuna6-20-OO.wpd Printed June 12, 2000 Page 1 of 14 Resolution 2000- Conditions of Approval - Recommended Century -Crowell Communities Tentative Tract Map 29586 June 20, 2000 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. 5. Final maps under this tentative map shall be subject to the provisions of the Development Impact Fee program in effect at the time of final map approval. 6. All appropriate conditions of Specific Plan 83-001 (including Amendments 1 through 5) shall apply to this approval. PROPERTY RIGHTS 7. 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. 8. 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. 9. Right of way dedications required of this development include: A. PUBLIC STREETS 1) Washington Street - applicant shall dedicate Lot "D" on Parcel Map 19730 for use as Washington Street right of way. B. PRIVATE STREETS 1) Residential: 37-foot width. Width may be reduced to 33 feet with parking restricted to one side and 29 feet if on -street parking is prohibited provided there is adequate off-street parking for residents and visitors and the applicant makes provisions for ongoing enforcement of the restrictions. 08 PALESLIE\cccoaTTM29586CenturyDuna6-20-OO.wpd Printed June 12, 2000 Page 2 of U� F. Resolution 2000- Conditions of Approval - Recommended Century -Crowell Communities Tentative Tract Map 29586 June 20, 2000 C. CULS DE SAC 1) Public or Private: Use Riverside County Standard 800 (symmetric) or 800A (offset); Public - 45-foot radius, Private - 38.5-foot radius. 10. 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. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 12. If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant the necessary rights of way within 60 days of written request by the City. 13. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets (where development occurs on both sides of the street). The easements may be reduced to five feet with the express concurrence of Imperial Irrigation District. 14. The applicant shall create a 20-foot perimeter setback along Washington Street. This depth is the average depth if meandering wall design is approved. 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. 15. 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. 16. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved tentative map. 09 P:\LESLIE\cccoaTTM29586CenturyDuna6-20-OO.wpd Resolution 2000- Conditions of Approval - Recommended Century -Crowell Communities Tentative Tract Map 29586 June 20, 2000 17. 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. 18. 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 19. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAPS) AND PARCEL MAPS) 20. 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. 21. 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. P:\LESLIE\cccoaTTM29586CenturyDuna6-20-OO.wpd Resolution 2000- Conditions of Approval - Recommended Century -Crowell Communities Tentative Tract Map 29586 June 20, 2000 "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. 22. The Rough Grading Plan shall indicate the earthwork quantities necessary in order to construct the proposed improvements. Any imbalance in "cut" and "fill" quantities shall be noted on the plans along with location(s) of the required import or export sites. Any grading activities on adjacent properties will require the applicant to secure easements or letters of permission from all affected property owners and submit such easements or permission letters to the City. 23. 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. 24. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 25. 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. P:\LESLIE\cccoaTTM29586CenturyDuna6-20-OO.wpd Resolution 2000- Conditions of Approval - Recommended Century -Crowell Communities Tentative Tract Map 29586 June 20, 2000 26. 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. 27. 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. 28. 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 29. 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. P:\LESLIE\cccoaTTM29586CenturyDuna6-20-OO.wpd Resolution 2000- Conditions of Approval - Recommended Century -Crowell Communities Tentative Tract Map 29586 June 20, 2000 30. 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. 31. 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. 32. 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. 33. 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. 34. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 35. Stormwater handling shall conform with the approved hydrology and drainage plan for Duna La Quinta (Specific Plan 83-001). Nuisance water shall be disposed of in an approved method. 36. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the development or directed to an approved retention area unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets J 1J P:\LESLIE\cccoaTTM29586CenturyDuna6-20-OO.wpd Resolution 2000- Conditions of Approval - Recommended Century -Crowell Communities Tentative Tract Map 29586 June 20, 2000 37. If stormwater is directed into the adjacent golf course, easements or letters of drainage acceptance shall be obtained from the property owner(s) indicating approval of location and design of drainage outlet facilities. 38. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 39. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 40. Retention facility design shall be based on site -specific percolation data which shall be submitted for checking with the retention facility plans. The design percolation rate shall not exceed two inches per hour. 41. Retention basin slopes shall not exceed 3:1. Maximum retention depth shall be six feet for common basins and two feet for individual -lot retention. 42. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leachfield approved by the City Engineer. The sand filter and leechfield shall be designed to contain surges of 3 gph/1,000 sq. ft. (of landscape area) and infiltrate 5 gpd/1,000 sq. ft. 43. In developments for which security will be provided by public safety entities (e.g., the La Quinta Safety Department or the Riverside County Sheriff's Department), retention basins shall be visible from adjacent street(s). No fence or wall shall be constructed around basins unless approved by the Community Development Director and the City Engineer. 44. If the applicant proposes discharge of stormwater directly or indirectly to the La Quinta Evacuation Channel or the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the P:\LESLI E\cccoaTTM29586CenturyDuna6-20-OO.wpd Resolution 2000- Conditions of Approval - Recommended Century -Crowell Communities Tentative Tract Map 29586 June 20, 2000 56. 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. 57. 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. 58. General access points are limited to the following: A. Avenida Los Verdes 59. Emergency access (20-foot wide) shall be provided from the end of the easterly cul-de-sac to Washington Street. No parking will be permitted along either side of the emergency access road. 60. The driveway access to Units 39 and 40 shall be combined into a single shared access and shall be configured so as to be incorporated with the emergency access road. LANDSCAPING 61. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 62. 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 P:\LESLIE\cccoaTTM29586CenturyDuna6-20-OO.wpd Resolution 2000- Conditions of Approval - Recommended Century -Crowell Communities Tentative Tract Map 29586 June 20, 2000 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. 63. 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. 64. A perimeter block wall shall be constructed along Washington Street. The wall shall join the existing north/south block wall located approximately 32-feet westerly of the west curb along Washington Street and shall extend from that point to join the existing Washington Street bridge. An emergency access gate (designed per Fire Marshal's requirements) shall be installed at the easterly terminus of the emergency access road. The gate shall be of a design such that it is "sight restricted" into the project from Washington Street. 65. A block wall shall be constructed at the easterly terminus of the easterly cul-de- sac to tie into the existing perimeter wall of the apartment complex so as to restrict access between the applicant's wall and the existing wall. The applicant shall make application to the City to request that the City quitclaim a portion of the City owned property at the easterly terminus of the easterly cul-de-sac to allow the conditioned wall to be constructed. QUALITY ASSURANCE 66. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 67. 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. 68. 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. 69. 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" or "As -Constructed" P:\LESLIE\cccoaTTM29586CenturyDuna6-20-OO.wpd Resolution 2000- Conditions of Approval - Recommended Century -Crowell Communities Tentative Tract Map 29586 June 20, 2000 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 70. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. FEES AND DEPOSITS 71. 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. FIRE MARSHALL CONDITIONS 72. Fire hydrants in accordance with CVWD Standard W-33 shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1000 gpm for a 2 hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 73. Prior to recordation of the final map, applicant/developer will furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans will conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will 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." 74. 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. 75. A temporary water supply for fire protection may be allowed for the construction of the model units only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. P:\LESLIE\cccoaTTM29586CenturyDuna6-20-OO.wpd 19 .1 Resolution 2000- Conditions of Approval - Recommended Century -Crowell Communities Tentative Tract Map 29586 June 20, 2000 CVWD CONDITIONS: 76. The developer shall grant the Coachella Valley Water District a flooding easement over all land below elevation 50 feet and subject to inundation by the La Quinta Evacuation Channel. 77. The developer shall obtain an encroachment permit from the Coachella Valley Water District prior to any construction within the right-of-way of the La Quinta Evacuation Channel. This includes, but is not limited to, surface improvements, drainage inlets, landscaping, and roadways. 78. The Coachella Valley Water District will furnish domestic water and sanitation service to this area in accordance with the current regulations of the district. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. MISCELLANEOUS: 79. Final Geo-grid wall landscaping and design plans shall be submitted for review and approval to the Community Development Department prior to issuance of any building permits for this project. P:\LESLI E\cccoaTTM29586CenturyDuna6-20-OO.wpd ATTACHMENT 1 EISENHOWER DRIVE o AVENUE 50 W O mm O U Z Z = W W AVENUE 52 3 SITE N CASE MAP CAW No. TTM 29586 0 NORTH SCALE: 5 " m_ F 11® ■ 50TH AVENUE CASE MAP NORTH CAM No. TTM 29586 SCALE: CENTURY-CROWELL DUNA LA QUINTA - SP 83-001 Amd. #5 23 J O 00 95 €w ti p s n OO 1w XI FS / m CCe� Vi 2 00 m mrn;n� mm om$=s== m Bpi m�i AO m00 pmr� m A ti Sm i2 2al K _ i i s 00_AOiAxn DD i0£�m�nm�p 9 o_A C rnOn9ip0rr_ �A21 v n00 i= .. - nc 1100 A -Omni 10~ y WA9fKifON I R ---sir— STMET _ __ _—_—_—_ __ _ ;m sm i moot �y �m n� �� p1om000 wa�wwu < A¢e3 tl4 o^zNo o N o.. o m z A a c m n A a> = _mo=_ 000m n000�� m p \, EISERROwER DRIVE C) n O 2 y ,n �: D N R n �ti r J y $ > Z fi€w'o N 8 \\\ ' pl y� ] �✓I e � Z, wsSM tiGi�R I 5'wEET - o doo > ,C.) n m z --i ft w 6ON- ,a J t60 'IN L. I r a W .. — NT 4 Pacific Coast Highway - Newport Beach, CA MCC tiL•Tfl!(y1ClG tYnf1-S`f�TFh1� —n— 1buted WARNING CA PROPOSITION 65 'Cutting or grinding thest products will expose you to silica which Is known to the State of California U) cause cancer and other chemicals which are known to the State of California to cause cancer, birth dclecis and other rCprc4uCti:d halm - 1998 KEYSTONE RETAINING WALL SYSTEMS. INC, • 4444 west 18th Street, Minneapolis, MN 55435 + Printed in the US (800) 747-8971 • (612) 897-1040 • fax (61 Z) 897-3858 internet: www.keystonewalls.com • e-mail: keystone@keystonewalls.corn M9805 • 15 vear limited warranty: Call or write for information • Patented, is ICBO #4599 05-17-00 18:53 RECEIVED FROM:909 381 0041 P.08 ,�•t+* tag. t .. �" !�'�'^ s+try#' �i-ti �t� r-. •� /� �� Y�' �f 1 ` i �� }art"��fi�i .�:`, �'�� ie �, ,.� �-' r •'r ATTACHMENT #5 Planning Commission Meeting May 23, 2000 C. Tentative Tract Map 29568 and Site Development Permit 2000-670 ; a request of Century -Crowell Communities for recommendation of an approval to subdivide 8.48 acres into two multi -family lots and four lettered lots, and approval to construct three prototype residential plans ranging in size from 1,803 to 2,400 square feet within Specific Plan 83- 001, located south of 50th Avenue, west of Washington Street, at the southern terminus of Avenida Los Verdes, within Duna La Quinta. 1 . Chairman Kirk opened the Public Hearing and asked for the staff report. Planning Manger 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 a condition that was added by Public Works. Senior Engineer Steve Speer explained the condition was to require the applicant to dedicate Lot "D" on Parcel Map 19730 for use as Washington Street right-of-way. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Abels asked staff to identify what channel was referred to on the plans. Staff stated the channel is the golf course fairway. Commissioner Abels asked staff to confirm there will be a pool at the end of Lot 20. Staff stated that was true. 3. Commissioner Robbins asked about the keystone retaining wall system. Staff stated the retaining wall system would be used from Washington Street adjacent to the apartment complex, continuing around and adjacent to the City -owned retention basin, and runs the entire length of the south side of the tract and is not on the storm water, or north side. The HOA will be responsible for maintaining it. 4. Commissioner Tyler asked how the emergency access gate would operate. Staff stated the grade elevation exists and the developer will have to match the elevation of the flood control dike and the elevation of the street. 5. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Ms. Margo Williams, Mainiero Smith, engineers representing Century -Crowell Communities, stated she concurred with staff's recommendations. On Page 2 of the staff report, there needs to be a clarification that there are 22 units for a total of 40 units. With respect to C:\My Documents\WPDOCS\pc5-23-20.wpd 6 281, 14 Planning Commission Meeting May 23, 2000 Condition #33 regarding the elevations, they are constrained by the dike and will minimize the impact of the elevation differential with landscaping. 6. Commissioner Tyler asked for clarification on the number of units to be constructed. Ms. Williams stated there should be a total of 40 units. Staff recommended the deletion of Conditions #25 and #33 as they do not apply to this tract. Ms. Williams asked about Condition #62 being deleted. 7. There being no further questions of the applicant, Chairman Kirk asked if there was any other public comment. 8. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened it for Commission discussion. 9. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2000-032 recommending to the City Council approval of Tentative Tract Map 29586, as amended: a. Condition #1: remove the word "conditional". b. Condition #9.A.1.: Applicant shall dedicate Lot "D" on Parcel Map 19730 for use as Washington Street right-of- way C. Condition #9.C.: reword regarding the cul-de-sac bulb d. Condition #25: delete e. Condition #33: delete f. Condition #51.B.1.: reword regarding the cul-de-sac bulb g. Condition #60: delete, "and turning movements of traffic" ROLL CALL: AYES: Commissioners Abels, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. 10. There being no further discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 2000-033 recommending approval of Site Development Permit 2000-670, subject to the Findings and Conditions of Approval as submitted. ROLL CALL: AYES: Commissioners Abels, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Butler. - ABSTAIN: None. J ' 29 '�I'®a1M B 4Nwg'tueluleyr'�wel'WV G£BZAI OOOZ/80150'P"98SBZW11ldeW aM1elue118uluueldteunO NnLtreO ££ELIOVOM21- 1- A7 Q i `? O 0(0N° z z W QU o N Ti O 46 w O Al 10 NO O W 13381S NOIJNIHSVM 7i $ _ r o NM.3MOHN3Sl3g 3rCL«<wFF7777 yCj WL 6LLLL. gVm�py4gS�72 O WQQ KrQO aZ7 rQOZzI w�> OZg4Oj =i p N04 to wO 5 00 OOO N 0x L3N UWO 0wC D¢ M o 6 �0 oQFg N �Nrn �Nd wCLp -Z. O O ap?m U-z V ¢ II o V) V> II U., ¢W 3WeZ 00\~ONzz Z NtawUZT N Z 81W Qw NU1 WM a WO Om1�5) aU7 N O O LLIapZ M2�Z Mz ZZ O o O o VO O 3 W ¢nO x o o x X X W oo� o U mO ¢ZQ¢. r r r o w w a a VI��2N �a ooO W ••... tc0aolO ISM NNto Cb . a,oo mootnvo rr' Mrn M M coM 000000 to to to o to to CO M J Al- U U H W LLI 3 0 O 33�a }} } w W 00 J J rFw = JJa�a a¢cxaw >77xUw zrw W WWMMMMO JQ z Q Q W Z 0 ooa0Ww U U'oom w U 0 W W3 V LLJ a C Q W M 3 V) LJ c� W K, O S 2 Z O U W wp w? w to �w 3r OW =o V) uj W z F-- O om Z O U Z W W L O W 3>'O 3 o � : , o N z 0 U W O� O 0 ZwM ON > QO > W a M I Owrn 7� N x 00Z Of V) V) J LLw Q H z I zza zr N Z UJ ZQ � Nm� J3 W orW— Wr -00L: Hz � � a o o� r W Z w w QzQ QM J a oLLJ O d o?oo rwNwZWC w0X�—Otr) _00 UW W W�O_O_xrr �axWhoa o W w w o M w r NOIDNIWM In I [III I or% IA 1011 IIDIAl ' A 0 T4t,t 4 4w'*PQ" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 20, 2000 CONSENT CALENDAR: STUDY SESSION: Public Hearing on Tentative Tract Map 28409, a Request for a Second One Year Time Extension fora PUBLIC HEARING: Previously Approved Single Family Subdivision of 19 Lots and Other Common Lots on 9.15 Acres Located on the North Side of Avenida Montezuma and West of the Yucatan Peninsula Neighborhood (Applicants: Mr. Charles B. Murphy and Mr. Lynn R. Kunkle) Adopt a Resolution of the City Council approving a second one year time extension for Tentative Tract Map 28409, subject to the Findings and Conditions of Approval. u' • None. None. The site is vacant and located on the north side of Avenida Montezuma, east and south of the Bear Creek Channel and west of the Yucatan Peninsula residential neighborhood (Attachment 1). On May 6, 1997, the City Council approved TTM 28409 by adoption of Resolution 97- 36, creating this subdivision of the 9.15 acre site into 19 single family lots for custom homes with private streets and common retention basin (Attachment 2). Lots are 12,000 square feet and larger. STCC TR28409x - 41 `~ On November 18, 1997, the City Council approved changes to the lot pad elevations in order to conform with existing site topography by adoption of Resolution 97-90. On July 20, 1999, the City Council, adopted Resolution 99-96 approving a one year time extension for this Tract. Project Request The applicants have applied for a one year time extension as required by Condition 2 of Resolution 99-96. Public Notice: This request was advertised in the Desert Sun newspaper on June 5, 2000, and mailed to all property owners within 500 feet of the Tract boundaries. No written correspondence has been received. Any comments received will be distributed at the meeting. Public Agency Review: On April 20, 2000, the applicant's request was sent to public agencies for comment. All pertinent comments received have been incorporated into the Conditions of Approval. Planning Commission Action The Planning Commission considered this time extension request at its meeting of May 23, 2000, and by a 5-0 vote recommended approval by adoption of Resolution 2000- 030, subject to Conditions of Approval. A copy of the minutes is attached (Attachment 3). Will I P1 ILI - \ ► ' Findings necessary to approve this time extension request can be made and are contained in the attached Resolution. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving a second one year time extension for Tentative Tract Map 28409, subject to Findings and Conditions of Approval; or STCC TR28409x - 41 2. Do not adopt a Resolution of the City Council approving a second one year time extension request; or 3. Provide staff with alternative direction. Respectfully submitted, man), Community Development Director Approved for Submission by: Thomas P. Genovese, City Manager Attachments: 1 . Location Map 2. Tract Map Exhibit 3. May 23, 2000 Planning Commission Minutes (Excerpt) 4. Large Tract Map Exhibit (City Council only) STCC TR28409x - 41 J IA RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SECOND ONE YEAR TIME EXTENSION FOR TENTATIVE TRACT MAP 28409, FOR A 19-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION AND MISCELLANEOUS LETTERED LOTS ON APPROXIMATELY 9.15 ACRES CASE NO.: TENTATIVE TRACT MAP 28409 (EXTENSION #1) APPLICANTS: C. B. MURPHY AND L. R. KUNKLE WHEREAS, the City Council of the City of La Quinta, California, did on the 20th day of June, 2000, hold a duly noticed Public Hearing to consider a second one year time extension for a previously approved subdivision of 19 single family lots on a 9.15-acre site, generally on the north side of Avenida Montezuma, east of the Bear Creek Channel and west of Avenida Juarez; WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of May, 2000, hold a duly noticed Public Hearing to consider a second one year time extension for a previously approved subdivision of 19 single family lots on a 9.15-acre site, generally on the north side of Avenida Montezuma, east of the Bear Creek Channel and west of Avenida Juarez. The Planning Commission adopted Resolution 2000-030 recommending approval of the second time extension on a 5-0 vote. The site is described as: Portion of the SW 1 /4 of Section 1, T6E, R6E, SBBM (APN: 773-030-009 and -012) WHEREAS, the City Council of the City of La Quinta, California, did on the 6th day of May, 1997, hold a duly noticed Public Hearing for Tentative Tract Map 28409, and on a 5-0 vote, adopted Resolution 97-36 approving 19 single family lots on a 9.15-acre site, generally on the north side of Avenida Montezuma, east of the Bear Creek Channel and west of Avenida Juarez; and WHEREAS, the City Council of the City of La Quinta, California, did on the 18th day of November, 1997, hold a duly noticed Public Hearing to consider ResoCC Jr. 28409X - 41 04 Resolution 2000- TTM 28409, Extension #2 June 20, 2000 changes in pad heights for the tract, and by unanimous vote adopted Resolution 97- 90, approving said changes requested by the applicant; and WHEREAS, the City Council on July 20, 2000, approve a one year time extension for Tract 28409 by adoption of Resolution 99-96. WHEREAS, said Tentative Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The City Council certified Environmental Assessment 96-335 for this project on May 6, 1997, by adoption of Resolution 97-35 stating the project will not have a significant impact on the environment based on Conditions. This time extension request does not require a new environmental assessment; 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: A. The proposed map is consistent with the City of La Quinta General Plan, Zoning Code, and Subdivision Ordinance in that the property is designated Medium Density Residential (4-8 dwelling units per acre) per the General Plan. The project density is two dwellings per acre which is under the maximum level for the MDR District. Tentative Tract Map 28409 is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element provided conditions are met. Parkland fees shall be paid to the City to develop parks within the City pursuant to the provisions contained in the General Plan (Chapter 5) and Subdivision Ordinance. The site is zoned RM and subject to special restrictions such as a one story height limit (17' maximum) and 10,000 lot sizes. The proposed lots are larger than 12,000 square feet and designed for custom single family houses in compliance with City requirements. B. The design or improvement of the proposed subdivision is consistent with the La Quinta General Plan and any applicable specific plans in that all streets and ResoCC .Tr. 28409X - 41 Resolution 2000- TTM 28409, Extension #2 June 20, 2000 improvements in the project, as conditioned, will conform to City standards as outlined in the General Plan and Subdivision Ordinance. All on -site streets are private and designed per the standards of the Circulation Element (Chapter 3.0) of the General Plan. Access to the Tract will be from Street Lot "A" on Avenida Montezuma. The density and design standards for the Tract will comply with the Land Use Element (Chapter 2.0) of the General Plan. C. The design of the subdivision, or the proposed improvements, are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that this previously graded site is vacant and suitable for development based on the environmental studies prepared for the project that are on file. Furthermore, mitigation measures and Conditions are recommended. D. The design of the subdivision or type of improvements are not likely to cause serious public health problems in that the design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements. E. The design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: ResoCC .Tr. 28409X - 41 . VU 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 28409 (Extension #2) for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 20`h day of June, 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 C. HONEYWELL, City Attorney City of La Quinta, California rJtn ResoCC .Tr. 28409X - 41 j RESOLUTION 2000-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 28409, EXTENSION #2 MURPHY/KUNKLE JUNE 20, 2000 1. Upon their approval by the City Council, a memorandum noting that City Conditions of Approval for a development application 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 28409 (Extension #2) shall comply with the requirements and standards of § §66410-66499.58 of the California Government Code (the Subdivision Map Act) and Title 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. This map expires on May 6, 2001, 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 - 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 Cond CC T28409CC-41 I J W] r Resolution 2000- Tentative Tract Map 28409, Extension #2 June 20, 2000 of a grading or site construction permit, the applicant shall submit a copy of the proposed Storm Water Pollution Protection Plan for review by the Public Works Department. 4. All easements, rights of way and other property rights required of the tentative map or otherwise necessary to facilitate the ultimate use of the development and functioning of improvements shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting, or conferral shall be ensured, prior to approval of a final map or filing of a certificate of compliance for waiver of a final map. The conferral shall include irrevocable offers to dedicate or grant easements to the City for access to and maintenance, construction, and reconstruction of all essential improvements which are located on privately -held lots or parcels. 5. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties. 6. The applicant shall dedicate 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. Dedications required of this development include: A. Lot A - Private Entry Street - 40-foot to 46-foot width. B. Lot B - Private Street - 37-foot width. C. CVWD maintenance road along Bear Creek Channel - Adequate right of way to accommodate existing roadway as approved by the City Engineer. 7. The applicant shall dedicate 10-foot public utility easements contiguous with and along both sides of all private streets. 8. The applicant shall create perimeter setback lots, of minimum width as noted, adjacent to the following street rights of way: A. Avenida Montezuma - 10 feet 5vinj 09 Cond CC T28409CC-41 Resolution 2000- Tentative Tract Map 28409, Extension #2 June 20, 2000 The minimum width may be used as an average if a meandering wall design is approved. For developments with public interior streets, perimeter setback lots shall be dedicated to the City. For developments with private interior streets, perimeter setback lots shall remain in private ownership. Where public sidewalks are required on privately -owned setback lots, the applicant shall dedicate blanket sidewalk easements over the setback lots. 9. The applicant shall vacate abutter's rights of access to Avenida Montezuma from lots abutting the street. Access to this street shall be restricted to access points listed hereinafter or as approved by the City. 10. The applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, bike paths, 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. 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. Huy ':• ►� ► �► 13. 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 J�? .L Cond CC T28409CC-41 - 10 Resolution 2000- Tentative Tract Map 28409, Extension #2 June 20, 2000 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. 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. 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. li ' : eIyI A PiI: 4-I F-11TA all I : I&I:10k� 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 Title 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 of improvement costs. Estimates shall comply with the schedule of unit costs 11. Cond CC T28409CC-41 Resolution 2000- Tentative Tract Map 28409, Extension #2 June 20, 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, 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. 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 homes or occupancy of permanent buildings 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, conditional use permits, etc.), off -site improvements and development -wide improvements (ie: retention basins, perimeter walls & landscaping, gates, etc.) shall be constructed or secured prior to approval of the first final map unless otherwise approved by the City Engineer. 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. 22. The applicant shall comply with the City's flood protection ordinance. 58 Cond CC T28409CC-41 Resolution 2000- Tentative Tract Map 28409, Extension #2 June 20, 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 registered civil 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. The applicant shall match building pad elevations of existing residential lots along the east boundary of the subdivision unless, otherwise approved by the City Engineer. Building pad elevations on contiguous lots within this subdivision shall not differ by more than three feet except for lots not sharing common street frontage where the differential shall not exceed five feet. If the applicant is unable to comply with the pad elevation differential requirement, the City will consider and may approve alternatives that preserve community acceptance with the proposed development. The revised Grading Plan, dated October 13, 1997, is consistent with the requirements of the City's Subdivision Ordinance. 26. Prior to issuance of building permits, the applicant shall provide a separate document, bearing the seal and signature of a California registered civil engineer or surveyor, that lists actual building pad elevations for the building lots. The document shall list the pad elevation approved on the grading plan, the as -built elevation, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. A : s � Me 27. Stormwater falling on site during the peak 24-hour period of a 100-year storm shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. Cond CC T28409CC-41 i' • 13 Resolution 2000- Tentative Tract Map 28409, Extension #2 June 20, 2000 28. Stormwater shall normally be retained in common retention basins. Easements for drainage to the retention basin shall be provided as required by the City Engineer. Individual -lot basins or other retention schemes may be approved by the City Engineer for lots 2 %2 acres in size or larger or where the use of common retention is determined by the City Engineer to be impracticable. If individual -lot retention is approved, the applicant shall meet all individual -lot retention provisions of Chapter 13.24, LQMC. 29. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site -specific data indicating otherwise. 30. A trickling sand filter and leachfield of a design approved by the City Engineer shall be installed to percolate nuisance water. The sand filter and leach field shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area. 31. Retention basin slopes shall not exceed 3:1. If retention is on individual lots, the retention depth shall not exceed two feet. If retention is in one or more common retention basins, the retention depth shall not exceed six feet. 32. In developments for which security will be provided by public safety entities, i.e.: the La Quinta Building and Safety Department or the Riverside County Sheriff's Department, all areas of common retention basins shall be visible from the adjacent street(s) as deemed necessary. No fence or wall shall be constructed around retention basins except as approved by the Community Development Director and the City Engineer. 33. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 34. 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. 35. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. r Q .- Cond CC T28409CC-41 14 Resolution 2000-_ Tentative Tract Map 28409, Extension #2 June 20, 2000 36. if any storm water or nuisance water from this development is proposed to drain 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. Drainage to off -site locations and methods of treatment or screening shall meet the approval of the City Engineer. If the applicant utilizes direct drainage of stormwater to the Bear Creek Channel, the Homeowners' Association for this development shall be responsible for any sampling and testing of effluent which may required under the City's NPDES Permit and for any other obligations and/or expenses which may arise from the direct discharge of the development's stormwater to the channel. The Tract CC & R's shall reflect the existence of this potential obligation. UTILITIES 37. All existing and proposed utilities within or adjacent to the proposed development shall be installed underground. High -voltage power lines which the power authority will not accept underground are exempt from this requirement. 38. 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. 39. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: PRIVATE STREETS AND CUL DE SACS 1) Lot A (Entry Drive) - 40- to 46-feet (curb face to curb face) with 2-foot median. The applicant shall modify the vertical and horizontal alignment of the existing Avenida Montezuma bike path at the entry drive as required by the City Engineer. Cond CC T28409CC-41 J U 15 Resolution 2000- Tentative Tract Map 28409, Extension ##2 June 20, 2000 2) Lot B - 36 feet wide. 3) Cul de sac curb radius - 45' unless modified to 38' by approval of General Plan Amendment 2000-066. Features contained in the approved construction plans may warrant additional street widths or other measures as determined by the City Engineer. 40. Vehicular access shall be restricted to the entry drive, the centerline of which is located approximately 300 feet westerly of the southeast corner of the subdivision, and to any approved emergency access. 41. Improvements shall include all appurtenances such as traffic signs, channelization markings and devices, raised medians if required, street name signs, sidewalks, and mailbox clusters approved in design and location by the U.S. Post Office and the City Engineer. Mid -block street lighting is not required. 42. 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. 43. Improvement plans for all on- and off -site streets and access gates shall be prepared by registered professional engineer(s) authorized to practice in the State of California. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standard and Supplemental Drawings and Specifications, and as approved by the City Engineer. 44. Street right of way geometry for culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. 45. All streets proposed to serve residential or other access driveways shall be designed and constructed with vertical curbs and gutters or shall have other approved methods to convey nuisance water without ponding in yard or drive areas and to facilitate street sweeping. Cond CC T28409CC-41 58; 16 Resolution 2000- Tentative Tract Map 28409, Extension #2 June 20, 2000 46. Street pavement sections shall be based on a Caltrans design for a 20-year life and shall consider soil strength and anticipated traffic loading (including site and building construction traffic). The minimum pavement sections shall be as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" The applicant shall submit current (no more than two years old) mix designs for base materials, Portland cement concrete and asphalt concrete, including complete mix design lab results, for review and approval by the City. For mix designs over six months old, the submittal shall include recent (no more than six months old) aggregate gradation test results 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. 47. 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 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. WTI ►191:01_lali•ItI 48. Perimeter walls and required landscaping for the entire perimeter to be enclosed shall be constructed prior to final inspection and occupancy of any homes within the tract unless a phasing plan or construction schedule is approved by the City Engineer. Cond CC T28409CC-41 58 17 Resolution 2000- Tentative Tract Map 28409, Extension #2 June 20, 2000 49. The applicant shall provide landscape improvements in the perimeter setback areas or lots along Avenida Montezuma. 50. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins, and park facilities shall be prepared by a licensed landscape architect and comply with Chapter 8.13 LQMC. The perimeter wall and landscaping improvements shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 51. Slopes in landscape areas shall not exceed 5:1 within public rights of way and 3:1 outside the right of way. 52. 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. 53. Unless otherwise approved by the City Engineer, common basins and park areas shall be designed with a turf grass surface which can be mowed with standard tractor -mounted equipment. 54. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 55. Palm trees installed along Avenida Montezuma shall have a minimum brown trunk height of 8-feet, and no less than 80 percent of the trees along Avenida Montezuma shall be 24"- or 36"-box specimen trees (e.g., minimum 1 .75" to 3" diameter trunk width per tree type) with remaining trees 15 gallon in size with 1 " trunks. Ground mounted lighting shall be used periodically to accent the parkway trees. Shrub spacing shall be 3'-0" on center unless plant types are clustered to form distinctive design themes. 58 IV Cond CC T28409CC-41 Resolution 2000- Tentative Tract Map 28409, Extension #2 June 20, 2000 The developer shall work with the Public Works Department to insure that the planned landscaping improvements along Avenida Montezuma are consistent with the City's plans under the Urban Forestry project. 56. The screen wall along Avenida Montezuma shall be decorative and include pilasters at 50-foot intervals (Chapter 9.60 of LQMC). Wall openings are encouraged. The wall shall vary in height either by grade elevation changes at 100-foot intervals or fluctuations in height, but not exceed six feet in overall height. If additional height is determined by an applicant prepared acoustic study, it shall be provided by berming beneath the wall. The perimeter Tract wall, excluding Avenida Montezuma, shall be constructed using tan slumpstone masonry blocks or other decorative material(s) which is compatible with the project entry wall design. 57. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 58. 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. 59. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. 60. 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. 19 Cond CC T28409CC-41 Resolution 2000- Tentative Tract Map 28409, Extension #2 June 20, 2000 61. The applicant shall make provisions for continuous maintenance of drainage, common and perimeter landscaping and on -site street improvements by a Homeowners Association (HOA). The applicant shall maintain off -site public improvements until final acceptance of improvements by the HOA. 62. The applicant shall provide an executive summary maintenance booklet for streets, landscaping and related improvements, perimeter walls, drainage facilities, or any other improvements to be maintained by an HOA. The booklet should include drawings of the facilities, recommended maintenance procedures and frequency, and a costing algorithm with fixed and variable factors to assist the HOA in planning for routine and long term maintenance. 63. 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. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of the reapportionment. 65. Parkland fees shall be paid prior to final map approval as required by the Subdivision Ordinance (Chapter 13.48). 66. 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 the final map approval. 67. Schedule (A) fire protection approved Super fire hydrants (6" X 4" X 2%" X 2'/2 ") will be located at each street intersection spaced not more than 330-feet apart in any direction with any portion of any frontage more than 165-feet from a fire hydrant. Minimum fire flow will be 1,000 g.p.m. for a two-hour duration at 20 psi. 5� Cond CC T28409CC-41 Resolution 2000- Tentative Tract Map 28409, Extension #2 June 20, 2000 68. Prior to recordation of the final map, the applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review and approval. Plans will conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be approved and signed by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 69. 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. 70. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key Operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire, Public Works and Community Development Departments for review/approval prior to installation. 71. All houses constructed shall comply with the Uniform Building Code in effect when the plans are submitted for plan check to the Building and Safety Department. 72. The Tract layout shall comply with all Zoning Code requirements. 73. Prior to final map approval, Covenants, Conditions and Restrictions (CC and R's) shall be submitted to the City Attorney for review and comment. The CC and R's shall be recorded with the Riverside County Recorder's Office and a recorded copy shall be submitted to the Community Development Department. 74. All mitigation measures of Environmental Assessment 96-335 shall be met. J9r' ti Cond CC T28409CC-41 21 Resolution 2000- Tentative Tract Map 28409, Extension #2 June 20, 2000 75. Permanent signing for the Tract shall be approved by the Community Development Department prior to issuance of a building permit for said structure(s) pursuant to the provisions of Chapter 9.160 of the Zoning Ordinance. 76. All single family houses shall be single -story and not exceed 17-feet in overall height. 77. All lots, which do not front onto a cul-de-sac, shall have a minimum lot frontage width of 60-feet as required by the 60-RM-10,000/17 Zoning District standards. 78. Twelve -foot wide landscape lots shall be created along each side of Street Lot "A" on Lots 15 and 16. The length of the landscaping lots shall be 60-feet as measured from the right-of-way line of Avenida Montezuma. 79. Developer and/or property owner agree 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 time extension request. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 5� 22 Cond CC T28409CC-41 Attachment 1 VICINITY MAP N.T.S. Case: Tr. 28409, Ext. #2 1 59 -f 4, 42 I sill cc 1 0 b 0 Uzi 1,11, ON J.. co 4R C4 vo 10 IL u w In cc P. LIJ LLJ .11 b • . ATTACF1WNT 2 ox '00 * z iit.011 Attachment 3 Planning Commission Meeting May 23, 2000 on this Commis 'on - especially since both tracts involved are being done concurrently the same developer. For example, Lots 12, 18, and 24 each abut f r lots across their northern to ne and Lots 13, 19 and 25 each abut ree lots across their nor rn lot I' e. This violates common sense a good planning pra e, and he annot understand why the Commi sion is even cons' ring it. Kno ing that Aliso Del Rey II was likely o happen, it sh d have been in grated into the overall design of Alis Del Rey fro a very beginni This is a high vis' project, rig across fr La Quinta High chool and will y add t existing tra fic pr ems. He has a pro em suppor ' this projec .'; Page 8, Ite 4, add the word priva at the a of the first line age 8, Item #15, delete the fourth wor "the". ere being no fu er changes, it was moved and seconded missioners Abels/ bbins to approve the minutes as amended. Unanimously approved. B. Department Report: None. V. PUBLIC HEARINGS: A. Tentative Tract Map 28409, Extension #2; a request of Charles B. Murphy and Lynn R. Kunkle for a recommendation of approval of a second one year time extension for a previously approved subdivision of 9.15 acres into 19 custom single family and other common or private street lots. 1 . Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if this was the last extension. Staff stated they had one more. Commissioner Tyler asked why Condition #40 had been lined out. Staff stated that it was a recommendation of the Public Works Department. Staff proceeded to go over the changes to the Conditions of Approval. 3. There being no further questions of staff, Chairman Kirk asked if anyone would like to address the Commission on this project. 4. There being no public comment, Chairman Kirk closed the public 5 9 u participation portion of the hearing and opened it for Commission discussion. r ti CAMy Documents\WPDOCS\pc5-23-20.wpd 2 Planning Commission Meeting May 23, 2000 5. Commissioner Tyler noted the condition of the deteriorated sign on the project site and asked that it be replaced with a new one. 6. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2000-030 recommending to the City Council approval of Tentative Tract Map 28409 Extension #2 as submitted. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. Commissioner Butler excused himself from the meeting due to a possible conflict of interest and left the dias. B. Site Development Permit -648 Amendment #1; a request of Century - Crowell Communitie for approval of a new two-story prototype residence for use i ract 27529-Aliso Del Rey located on the west side of Dune Palms R ad south of Desert Stream Drive. 1 . Chair an Kirk opened th is H ring and asked for the staff repo Principal P er Stan Sa a presented the information co ained �instaff report, a opy of which is on file in the C mmuniopment Dep ment. 2. Chairman Kirk asked if ere were any ques 'ons of staff. Commissioner Tyler as d if it would propr' to to add a condition that would rohibit the us room f m being built. Staff stated it could a adde 3. There being no further questions of staf , Chairman Kirk asked if the applicant would like to address t evmmission. Ms. Marty Butler representing Century -Crow Communities, stated she concurred with staff's recommen tion. 4. There being no questions of the a ant, Chairman Ki k asked if there was any other public comment. Mr. Jim Brenn is, 79-365 Desert Stream Drive, asked staff to verify the level o the pads as he thought they would be lower than where the are currently graded to. They appear to be three feet higher t an he thought. In regard to the two-story homes, he asked for erification as to rJ ., where they would be located. 4 �i CAMy Documents\WPDOCS\pc5-23-20.wpd 3 T4&t 4 4 Q" COUNCIL/RDA MEETING DATE: June 20, 2000 Continued Public Hearing on Specific Plan 97-029, Amendment #2 and Development Agreement 97- 002, Amendment #2 a Request for Approval to Modify the Sign Regulations, Allow Car Display Jacks, and Other Minor Changes, and Approval of an Amendment to the Development Agreement in Regard to Definitions. Applicant: Stamko Development Company RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: �0 Adopt a Resolution of the City Council approving Specific Plan 97-029, Amendment #2, subject to the Findings and Conditions of Approval; and, A. Move to take up Ordinance No. _ by title and number only and waive further reading. B. Move to introduce Ordinance No. Agreement 97-002, Amendment #2. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: on first reading for Development On May 16, 2000, the City Council considered the amendments as requested by the applicants and continued the matter to review the issues raised at the Public Hearing. On June 6th at the request of the applicant, Council continued the matter to June 20, 2000 (Attachment 1). C:\My Documents\WPDOCS\CCJH-StamkoAmd2.wpd Staff has met with the applicant and the following issues were discussed: 1. Shade structures 2. Manufactures tent sales 3. Balloons 1. Shade Structures: The applicant is requesting that Section 2.50.4.1.1 Site Plan -Auto Mall (Page 52) be modified by replacing the wording as follows: Four Shade Structures that match the dealers building colors and do not exceed 20 feet in height, 20 feet by 30 feet in size are permitted for each dealer. Currently, the recommended language does not limit the number or size of the shade structures. In addition, they would not be permitted in the special or vehicular display areas. 2. Manufactures Tent Sales The applicant is requesting that Section 2.50.4.1.3 Special Events -Auto Mall (Page 54) be modified by replacing the recommended language with the following: Additionally each dealer may have up to three (3) special events for manufacture sales per calendar year, not to exceed 30 days per event. Manufacture tents are permitted for these events with no color or location limitations. The current recommended language did not address these events, but only permitted temporary shade structures. 3. Balloons The applicant is requesting that Section 2.80.1.1(5) Signage-Auto Mall (Page 62) be modified by adding the following language: Banners, balloons with a maximum diameter size of two feet, antenna pennants, and pennants (including pennants mounted on lighting fixtures) are permanently permitted. These additional signs must be maintained in a `like new" condition at all times. Inflatable animals or other figures or other inflatable displays, whether tethered or not, are not permitted. The current recommended language does not permit balloons. 2 CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd Proposed Amendment to the Specific Plan The applicant originally proposed the following amendments: 1 Section 2.80.1.1 - Signage - Auto Mall (pa 62)• Add this sentence to the first paragraph after the last sentence. "The entry monument signs can either identify 'The Auto Centre at La Quinta'; 'The Auto Centre at La Quinta & The Auto Service Center', if applicable; or list each of the dealer's franchises and 'The Auto Service Centre', if applicable." 2. Section 2.80.1.1.2 - Signage - Auto Mall (p. 62): revise the first sentence, "One wall mounted 'Dealership Identification' sign..." to "Four wall mounted 'Dealership Identification' signs...." 3. Section 2.80.1.1.3 - Signage - Auto Mall (p.62): Add this sentence after the first sentence "One ground mounted interior sign per franchise not to exceed 40 square feet per face for each department (used cars, service, parts, body shop, etc.)." 4. Section 2.80.1.1 - Signage - Auto Mall (p. 631: Add this paragraph after the last paragraph, "Balloons, pennants (including pennants mounted on lighting fixtures), antenna pennants, banners and event tents, shall be allowed." 5. Item #9 - Conditions of Approval - Final dated November 17, 1998: Delete, "the special and regular display areas shall not use car jacks." 6. Item #13 - Conditions of Approval - Final dated November 17, 1998: Delete, "No pruning of trees within the Highway 111 setback area shall be allowed within four feet of the grade." 7. Item #15 - Conditions of Approval - Final dated November 17 1998: Delete, "Specify that wall signs shall not be allowed on the north building elevations in Planning Area #1 for Development Scenarios #1, #2, #3." 8. Item #15B - Conditions of Approval - Final dated November 17, 1998: Delete, "Delete 'Highway 1 1 1' in that secondary signs do not need to be seen from this highway." Proposed Second Amendment to the Development Agreement The original Development Agreement and First Amendment were approved previously and are binding agreements between both parties for the purpose of establishing certainty that the development will progress in a timely manner. The Second Amendment request modifies the Development Agreement participants and the G o o following: 03 CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd 1 . Definitions: In this Second Amended Agreement, the defined terms will have the same meaning as in the Original Agreement except as may be otherwise noted in this Second Amended Agreement: 1.1. Authorizing_ Ordinance: "'Authorizing Ordinance" means Ordinanee No. 3-28 the Ordinance approving this Second Amended the Developer Agreement or Amendments. 1.4 Specific Plan: The Specific Plan approved by the City Council on July 15, 1997 as amended by Amendment No. 1 approved by the City Council on November 17, 1998, and Amendment No 2 approved by the City Council on 2000. A reference to "Amendment to Specific Plan" refers ol* to Amendment #1 or #2 to the Specific Plan and/or any future amendments not affecting the implementation of the Development Agreement. 2. No Other Change: All sections of the original Agreement, or the First Amendment which have not been specifically amended by this Second Amended Agreement shall remain intact and enforceable in their entirety, or as may be amended in the future. Exhibit "C"- Restated and Amended Developer Lease Agreement, shall be amended as follows: Section 1. Definitions. (r) "Specific Plan" shall mean the Specific Plan approved by the City Council on December 1, 1998, or as may be amended in the future. 3. Change the parties reflected in the first paragraph of the Agreement to Stamko Development Company and the City of La Quinta. Planning Commission Action: The Planning Commission on May 9, 2000, at the conclusion of the public hearing, on a 4-0-1 (Commissioner Butler absent) recommended approval. For clarification, staff has prepared the Planning Commission recommended amendments in legislative format as follows: A. Section 2.50.4.1.1 Site Plan - Auto Mall (pg. 52): Pads 1, 2, and 3 along Highway 1 1 1 are behind a 62 foot landscape setback from the curb and will have vehicular displays. In addition, Pads 1, 5, 6 and 7 along Adams Street are behind a 32 foot landscape setback from the curb and will have vehicular displays. The special display pads along Highway 1 1 1 and Adams Street will 6 0 not have stripping and will allow at least one car per every 10 linear feet. CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd Exhibits 13-1, 13-2, 13-3, 13-4, 13-5, and 13-6 show Highway 1 1 1 parkway concepts and cross sections of three vehicular displays and three special display pads at specific locations in Pads 1, 2, and 3 along Highway 1 1 1. Each special display pad will not have stripping and will not be elevated more than one foot above the average finish grade of that display area due to safety concerns. Only new cars will be allowed within the special and regular display areas along Highway 1 1 1 . No employee or visitor parking shall be allowed in the special and regular display areas. The special and regula, display areas sham' not use ear jaeks. Permanent shade structures, that match the dealers building colors and do not exceed 20 feet in height, are permitted for each dealer. The shade structures are not permitted to be located in the special or vehicular display areas adjacent to the landscape setback along Highway 1 1 1 . B. Section 2.50.4.1.3 Special Events -Auto (pg 54): The auto mall operation will include regularly scheduled special events designed to increase the flow of traffic into the automall. These special events shall be limited to no more than 40 total days per year for the auto mall with no single event lasting more than 10 days. Concurrent or jointly sponsored events held on the same day shall count as a single day regardless of how many dealers participate. These special events may not utilize searchlights. However, laser displays and other similar technologies or techniques may be used upon approval of the individual Temporary Use Permit. In no case shall any such lighting activity continue after 10:00 p.m. or after business hours. Additional temporary permitted uses include temporary shade structures with no color limitations. All special events under this entitlement process shall be individually considered and approved by the Community Development Director through the Temporary Use Permit process. C. Section 2.70.1 Landscape Concept (pa. 591: The landscape concept follows a "desert Oasis" theme emphasizing water efficient materials exhibiting color and form. Parking areas in the mixed regional commercial center will feature the concept of a high canopy tree form to reduce the conflict between landscape elements and project graphic. The auto mall will use tree forms sparingly and concentrate form and color along the street frontage of each dealership and/or auto related commercial pad. Most landscape areas throughout the project will be used for stormwater retention with the exception of Adams Street and only 40% of Parcels 1, 2, and 3 in Planning Areas #1 will be allowed on Highway 111. The size of the trees within the Highway 111 setback shall be a minimum of four inches in diameter eight foot tall with a six foot spread at the time of installation. If any tree dies within the Highway 111 setback area shall be replaced within 14 days. No pruning of the trees within the I lighway 111 setback arp-a shall be allowed vvuth*n fous feet of the V . One gallon plants shall be planted three feet on center and five gallon shrubs shall be spaced 6 U + appropriately within the Highway 1 1 1 setback area. 'v cJ CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd D. Section 2.80.1.1 Signage - Auto Mall (pg. 62): Only three of the dealerships have technical "frontage" on Highway 1 1 1 This Specific Plan will be consistent with the City's Highway 111 Design Theme except that one area, the signage, will have to deviate by allowing nine dealers identification monument signs in the 50 foot landscape setback area along Highway 111 under Development Scenarios 1, 2, and 3 as shown in Exhibit 17. These nine dealer identification monument signs will be lighted and will be consistent with to City's lower lighting level requirements and will comply with the City's "Dark Sky" Ordinance. In addition, two entry monument signs will be utilized along Highway 1 1 1; one entry monument sign west of the main entry and one near the corner of Adams Street and Highway 111. At the entrance on Adams Street, an entry monument sign may be allowed providing identification to both the auto mall and the mixed regional commercial center under Development Scenarios 1, 2, and 3. Specify that wall signs shall not be allowed on the north building elevations in Planning Area #1 foi Development Scenarios / #3- Exhibit 18 shows the conceptual dealer identification monument sign and the conceptual entry monument signs proposed for Highway 111 and Adams Street. The entry monument signs can either identify "The Auto Centre at La Quinta"; "the Auto Centre at La Quinta & The Auto Service Center" if applicable; or list each of the dealers franchises and "The Auto Service Centre", if applicable. Each dealer or auto related pad will be allowed the following signage: 1 . One ground mounted interior "Product Identification" sign per franchise not to exceed 40 square feet per face. This sign will be primarily for manufacturer's identification. 2. Four om wall mounted "Dealer Identification" signs with 24 inch maximum height letters. Letters shall be channel can, plex-faced, internally illuminated. Exposed raceway for the signage will be permitted if designed to be integral with the background, subject to Community Development Director approval. Architectural forms or designs may require signs to be split on more than one building face or element, subject to Community Development Director approval 3. One secondary wall or fascia mounted sign for each department (used cars, service, parts, body shop, etc.). Two ground mounted interior signs per dealer not to exceed 40 square feet per face for advertising various departments such as used cars, service, parts. body shop, etc. to be located south of Highway 111 and east of Adams Street Signs shall be of appropriate size to be seen from La Quinta Drive, Auto Centre Drive, Auto Centre Way (North and South) and shall be sized to fit th architectural element on which it is located. M CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd 4. Directional signs shall be individually considered by the Community Development Director. 5. Add new: Banners, antenna pennants and pennants (including pennants mounted on lighting fixtures) are permanently permitted These additional signs must be maintained in a "like new" condition at all times Balloons, inflatable animals or other figures or other inflatable displays whether tethered or not, are not permitted. Exhibit 19 depicts the design concept for the "Dealership Identification" and the interior "Product Identification" signs. Public Noticing: This application was advertised in the Desert Sun on April 18, 2000 and April 28, 2000. All property owners within 500 feet of the boundaries of the project were mailed a copy of the public hearing notices. As of this writing no correspondence has been received regarding this project. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Specific Plan 97-029, Amendment #2, subject to the Findings and Conditions of Approval, and introduce an Ordinance of the City Council approving Development Agreement 97-002, Amendment #2; or 2. Do not adopt a Resolution of the City Council approving Specific Plan 97-029, Amendment #2, subject to the Findings and Conditions of Approval, and do not introduce an Ordinance of the City Council approving Development Agreement 97-002, Amendment #2; or 3. Provide staff with alternative direction. Respectfully submitted, r Hernian muni y Development Director / Approved for submission by: Thomas P. Genovese, City Manager Attachments: 60 1 1 . City Council Minutes and staff report for June 6, 2000 07 CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SPECIFIC PLAN AMENDMENT CASE NO.: SPECIFIC PLAN 97-029, AMENDMENT #2 APPLICANT: STAMKO DEVELOPMENT CO. WHEREAS, the City Council of the City of La Quinta, California did on the 16th day of May, 2000, 6th day of June, 2000, and 20th day of June, 2000 hold duly noticed Public Hearings to consider amending Specific Plan 97-029 which created an 87 acre development consisting of three planning areas housing four development scenarios for automobile sales/services and a retail complex, located on the south side of Highway 1 1 1, between Adams Street and Dune Palms Road; and more particularly described as: A PORTION OF THE SOUTHWEST AND NORTHWEST 1 /4 SECTION OF 29, T5S, R7E WHEREAS, the Planning Commission of the City of La Quinta, California did on the 9th day of May, 2000, hold duly noticed Public Hearings to consider amending Specific Plan 97-029 which created an 87 acre development consisting of three planning areas housing four development scenarios for automobile sales/services and a retail complex, located on the south side of Highway 1 1 1, between Adams Street and Dune Palms Road; and WHEREAS, the City Council of the City of La Quinta, California did on the 15th day of July, 1997, approve the original Specific Plan 97-029 and on the 17th day of November, 1998, approved Specific Plan 97-029, Amendment #1 for the development; and, WHEREAS, said Specific Plan complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The Community Development Department completed an Environmental Impact Report, State Clearinghouse No. 9701 1055, certified by the City Council in 1997, for this Specific Plan 97-029 and Development Agreement 97-002. A supplemental EIR has been prepared for the proposed Specific Plan 97-029 Amendment #1 and Development Agreement 97-001 Amendment #1 which was certified in 1998. N changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental review pursuant to Public Resources Code Section 21 166; and, n CAMy Documents\WPDOCS\ccresoSP97-029#2.wpd i� 8 Resolution 2000 Specific Plan 97-029, Amendment #2 June 20, 2000 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings to justify recommending approval to the City Council of said amended Specific Plan: 1. That the proposed amended Specific Plan is consistent with the goals and policies of the La Quinta General Plan in that the property is designated Mixed/Regional Commercial which permits the uses proposed for the property and is consistent with the goals, policies and intent of the General Plan Land Use Element (Chapter 2) provided conditions are met. 2. That the amended Specific Plan will not create conditions materially detrimental to the public health, safety and general welfare in that development, per the amended Specific Plan, will provide for extensive public improvements and conforms to good land use practice by encouraging a long-range, comprehensive approach to development of a major regional automobile sales/services and mixed commercial complex. 3. The amended Specific Plan is compatible with the zoning of adjacent properties in that the site is bounded by compatible Mixed/Regional (commercially zoned) designated properties with the exception of the area to the west, across Adams Street that is designated Low Density and High Density Residential. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby approve the above described amended Specific Plan request for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 20th day of June, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 6 0 Or' C:\My Documents\WPDOCS\ccresoSP97-029#2.wpd Resolution 2000 Specific Plan 97-029, Amendment #2 June 20, 2000 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 sot 10 C:\My Documents\WPDOCS\ccresoSP97-029#2.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL -RECOMMENDED SPECIFIC PLAN 97-029, AMENDMENT #2 STAMKO DEVELOPMENT COMPANY - AUTO MALL JUNE 20, 2000 GENERAL CONDITIONS OF APPROVAL A. Section 2.50.4.1.1 Site Plan - Auto Mall (pg. 52): Pads 1, 2, and 3 along Highway 1 1 1 are behind a 62 foot landscape setback from the curb and will have vehicular displays. In addition, Pads 1, 5, 6 and 7 along Adams Street are behind a 32 foot landscape setback from the curb and will have vehicular displays. The special display pads along Highway 1 1 1 and Adams Street will not have stripping and will allow at least one car per every 10 linear feet. Exhibits 13-1, 13-2, 13-3, 13-4, 13-5, and 13-5 show Highway 1 1 1 parkway concepts and cross sections of three vehicular displays and three special display pads at specific locations in Pads 1, 2, and 3 along Highway 1 1 1. Each special display pad will not have stripping and will not be elevated more than one foot above the average finish grade of that display area due to safety concerns. Only new cars will be allowed within the special and regular display areas along Highway 1 1 1 . No employee or visitor parking shall be allowed in the special and regular display areas. The special and regular display areas shall not use car jac*s. Permanent shade structures, that match the dealers building colors and do not exceed 20 feet in height, are permitted for each dealer. The shade structures are not permitted to be located in the special or vehicular display areas adjacent to the landscape setback along Highway 1 1 1. B. Section 2.70.1 Landscape Concept (pg. 59): The landscape concept follows a "desert Oasis" theme emphasizing water efficient materials exhibiting color and form. Parking areas in the mixed regional commercial center will feature the concept of a high canopy tree form to reduce the conflict between landscape elements and project graphic. The auto mall will use tree forms sparingly and concentrate form and color along the street frontage of each dealership and/or auto related commercial pad. Most landscape areas throughout the project will be used for stormwater retention with the exception of Adams Street and only 40% of Parcels 1, 2, and 3 in Planning Areas #1 will be allowed on Highway 111. The size of the trees within the Highway 1 1 1 setback shall be a minimum of four inches in diameter eight foot tall with a six foot spread at the time of installation. If any tree dies within the Highway 1 1 1 setback area shall be replaced within 14 days. CAMy Documents\WPDOCS\ResoCC COAAmd#2.wpd 1 "y ' i Resolution 20000 Conditions of Approval - Recommended Specific Plan 97-029, Amendment #2 Stamko Development Company setback area shaam be allowed vv*thin fotir feet of the g . One gallon plants shall be planted three feet on center and five gallon shrubs shall be spaced appropriately within the Highway 1 1 1 setback area. C. Section 2.80.1.1 Signage - Auto Mall (pg. 62): Only three of the dealerships have technical "frontage" on Highway 1 1 1. This Specific Plan will be consistent with the City's Highway 1 1 1 Design Theme except that one area, the signage, will have to deviate by allowing nine dealers identification monument signs in the 50 foot landscape setback area along Highway 111 under Development Scenarios 1, 2, and 3 as shown in Exhibit 17. These nine dealer identification monument signs will be lighted and will be consistent with to City's lower lighting level requirements and will comply with the City's "Dark Sky" Ordinance. In addition, two entry monument signs will be utilized along Highway 1 1 1; one entry monument sign west of the main entry and one near the corner of Adams Street and Highway 1 11 . At the entrance on Adams Street, an entry monument sign may be allowed providing identification to both the auto mall and the mixed regional commercial center under Development Scenarios 1, 2, and 3. Specify that wall signs shall not be allowed on the north building elevations in Planning Area #1 for Bevelopment Scenarios #1, , Exhibit 18 shows the conceptual dealer identification monument sign and the conceptual entry monument signs proposed for Highway 1 1 1 and Adams Street. The entry monument signs can either identify "The Auto Centre at La Quinta": "the Auto Centre at La Quinta & The Auto Service Center" if applicable: or list each of the dealers franchises and "The Auto Service Centre", if applicable. Each dealer or auto related pad will be allowed the following signage: 1. One ground mounted interior "Product Identification" sign per franchise not to exceed 40 square feet per face. This sign will be primarily for manufacturer's identification. 2. Four one wall mounted "Dealer Identification" signs with 24 inch maximum height letters. Letters shall be channel can, plex-faced, internally illuminated. Exposed raceway for the signage will be permitted if designed to be integral with the background, subject to Community Development Director approval. Architectural forms or designs may require signs to be split on more than one building face or element, subject to Planning G review and recommendation Community Development Director approval 60 C:\My Documents\WPDOCS\ResoCC COAAmd#2.wpd 2 i 2 Resolution 20000 Conditions of Approval - Recommended Specific Plan 97-029, Amendment #2 Stamko Development Company 3. One secondary wall or fascia mounted sign for each department (used cars, service, parts, body shop, etc.). One ground mounted interior sign per franchise not to exceed 40 square feet per face for advertising various departments such as used cars, service, parts, body shop, etc. Signs shall be of appropriate size to be seen from La Quinta Drive, Auto Centre Drive, Auto Centre Way (North and South) and shall be sized to fit the architectural element on which it is located. 4. Directional signs shall be individually considered by the Community Development Director. 5. Banners, antenna pennants, and pennants (including pennants mounted on lighting fixtures) are permanently_ permitted. These additional signs must be maintained in a "like new" condition at all times. Balloon& inflatable animals or other figures, or other inflatable displays, whether tethered or not, are not permitted. Exhibit 19 depicts the design concept for the "Dealership Identification" and the interior "Product Identification" signs. 6x0 C:\My Documents\WPDOCS\ResoCC COAAmd#2.wpd 3 13 ORDINANCE NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT, BY AND AMONG THE CITY OF LA QUINTA AND STAMKO DEVELOPMENT COMPANY CASE NO.: DEVELOPMENT AGREEMENT 97-002, AMENDMENT #2 APPLICANT: STAMKO DEVELOPMENT COMPANY WHEREAS, the City Council of the City of La Quinta, California, did on the 16th of May, 2000, 6th day of June, 2000, and 20th day of June, 2000, held duly noticed Public Hearings to consider an amendment to the Development Agreement; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 9th of May, 2000, hold a duly noticed Public Hearings to consider an amendment to the Development Agreement; and, WHEREAS, the City Council of the City of La Quinta, California did on the 151h day of July, 1997, approve the original Development Agreement 97-002 and on the 17th day of November, 1998, approved Development Agreement 97-002, Amendment #1 for the development; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings of approval to justify a recommendation for approval of said Development Agreement, Amendment #2: 1. The proposed amended Development Agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan and Specific Plan 97-029, Amendment #2. The property is within the Mixed/Regional Commercial (M/RC) District per the provisions of the 1992 General Plan Update which permits the proposed use and is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2) provided conditions are met. 2. The land uses authorized and regulations prescribed for the amended Development Agreement are compatible with the zoning and its related regulations now applicable to the property. The site is zoned Regional Commercial (CR) which permits the proposed uses provided conditions are met. 3. The proposed amended Development Agreement conforms with public 1- 14 C:\My Documents\WPDOCS\ResoCC-StamkoDAH2.wpd Ordinance Development Agreement 97-002, Amendment #2 June 20, 2000 convenience and the general welfare by providing for extensive public improvements and conforms to good land use practice by encouraging a long- range, comprehensive approach to the development of a major automobile sales/services and mixed commercial complex. 4. Approval of this amended Development Agreement will not be detrimental to the health, safety, and general welfare since adequate provision has been made in previous City approvals to provide for necessary and desirable improvements and since these approvals are incorporated herein. 5. Approval of this amended Development Agreement will not adversely affect the orderly development of the subject or surrounding property nor the preservation of area -wide property values, but rather will enhance them by encouraging planned,. phased growth. 6. Consideration of the amended Development Agreement has been accomplished pursuant to California Government Code Section 65864 et seq. And the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. ENVIRONMENTAL. Said Specific Plan complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The Community Development Department completed an Environmental Impact Report, State Clearinghouse No. 97011055, certified by the City Council in 1997, for this Specific Plan 97-029 and Development Agreement 97-002. A supplemental EIR has been prepared for the proposed Specific Plan 97-029 Amendment #1 and Development Agreement 97-001 Amendment #1 which was certified in 1998. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental review pursuant to Public Resources Code Section 21 166; and, SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. 15 C:\My Documents\WPDOCS\ResoCC-StamkoDA#2.wpd Ordinance Development Agreement 97-002, Amendment #2 June 20, 2000 The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this day of , 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 611-1 %J 19 C:\My Documents\WPDOCS\ResoCC-StamkoDA#2.wpd DEVELOPMENT AGREEMENT 97-002, AMENDMENT #2 JUNE 20, 2000 EXHIBIT "C" RESTATES AND AMENDED DEVELOPER LEASE AGREEMENT 1. Section 1.(r) shall be amended to read as follows: "Specific Plan" shall mean the Specific Plan approved by the City Council on December 1, 1998, or as may be amended in the future. CAMy Documents\WPDOCS\ResoDAAtt#2.wpd 17 r 0 0 ATTACHMENT 1 Ti AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: June 6, 2000 Continued Public Hearing on Specific Plan 97-029, Amendment #2 and Development Agreement 97- 002, Amendment #2 a Request for Approval to Modify the Sign Regulations, Allow Car Display Jacks, and Other Minor Changes, and Approval of an Amendment to the Development Agreement in Regard to Definitions. Applicant: Stamko Development Company RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Specific Plan 97-029, Amendment #2, subject to the Findings and Conditions of Approval; and, A. Move to take up Ordinance No. _ by title and number only and waive further reading. B. Move to introduce Ordinance No. _ on first reading for Development Agreement 97-002, Amendment #2. FISCAL IMPLICATIONS: None. . CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 16, 2000, the City Council considered the amendments as requested by the applicants and continued the matter to review the issues raised at the Public Hearing. Staff has met with the applicant and the following issues were discussed: 1. Shade structures 2. Manufactures tent sales 3. Balloons 6i55 in 1. Shade Structures: The applicant is requesting that Section 2.50.4.1.1 Site Plan -Auto Mall (Page 52) be modified by replacing the wording as follows: Four Shade Structures that match the dealers building colors and do not exceed 20 feet in height, 20 feet by 30 feet in size are permitted for each dealer. Currently, the recommended language does not limit the number or size of the shade structures. In addition, they would not be permitted in the special or vehicular display areas. 2. Manufactures Tent Sales The applicant is requesting that Section 2.50.4.1.3 Special Events -Auto Mall (Page 54) be modified by replacing the recommended language with the following: Additionally each dealer may have up to three (3) special events for manufacture sales per calendar year, not to exceed 30 days per event. Manufacture tents are permitted for these events with no color or location fimita tions. The current recommended language did not address these events, but only permitted temporary shade structures. 3. Balloons The applicant is requesting that Section 2.80.1.1(5) Signage-Auto Mall (Page 62) be modified by adding the following language: Banners, balloons with a maximum diameter size of two feet, antenna pennants, and pennants (including pennants mounted on lighting fixtures) are permanently permitted. These additional signs must be maintained in a 'like new" condition at all times. Inflatable animals or other figures or other inflatable displays, whether tethered or not, are not permitted. The current recommended language does not permit balloons. Proposed Amendment to the Specific Plan The applicant originally proposed the following amendments: 1 Section 2.80.1.1 - Signage - Auto Mall (pg.62): Add this sentence to the first paragraph after the last sentence. "The entry monument signs can either identify 'The Auto Centre at La Quinta'; 'The Auto Centre at La Quinta & The Auto Service Center', if applicable; or list each of the dealer's franchises and 'The Auto Service Centre', if applicable." O 61U CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd 4. Section 2 80 1 1 2 - Signage - Auto Mall (p 62): revise the first sentence, "One wall mounted 'Dealership Identification' sign..." to "Four wall mounted 'Dealership Identification' signs...." 5. Section 2,80.1.1.3 - Signage - Auto Mall (p 62): Add this sentence after the first sentence "One ground mounted interior sign per franchise not to exceed 40 square feet per face for each department (used cars, service, parts, body shop, etc.)." 6. Section 2 80.1.1 - Signage - Auto Mall (p. 63): Add this paragraph after the last paragraph, "Balloons, pennants (including pennants mounted on lighting fixtures), antenna pennants, banners and event tents, shall be allowed." 7. Item #9 - Conditions of Approval - Final dated November 17 1998: Delete, "the special and regular display areas shall not use car jacks." 8. Item #13 - Conditions of Approval - Final dated November 17. 1998; Delete, "No pruning of trees within the Highway 111 setback area shall be allowed within four feet of the grade." 9. Item #15 - Conditions of Approval - Final dated November 17 1998: Delete, "Specify that wall signs shall not be allowed on the north building elevations in Planning Area #1 for Development Scenarios #1, #2, #3." 10. Item #15B - Conditions of Approval - Final dated November 17 1998: Delete, "Delete 'Highway 111' in that secondary signs do not need to be seen from this highway." Proposed Second Amendment to the Development Agreement The original Development Agreement and First Amendment were approved previously and are binding agreements between both parties for the purpose of establishing certainty that the development will progress in a timely 'manner. The Second Amendment request modifies the Development Agreement participants and the following: 1. Definitions: In this Second Amended Agreement, the defined terms will have the same meaning as in the Original Agreement except as may be otherwise noted in this Second Amended Agreement: 1.1. Authorizing Ordinance: "'Authorizing Ordinance" means 6rdinance-No. 32$ the Ordinance approving this Second Amended the Developer Agreement Amendments. 61 21 CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd 1 1.4 Specific Plan: The Specific Plan approved by the City Council on July 15, 1997 as amended by Amendment No. 1 approved by the City Council on November 17, 1998, and Amendment No 2 approved by the City Council on 2000. A reference to "Amendment to Specific Plan" refers crtly to Amendment #1or ##2 to the Specific Plan and/or any future amendments not affecting the implementation of the Development Agreement. 2. No Other Change: All sections of the original Agreement, or the First Amendment which have not been specifically amended by this Second Amended Agreement shall remain intact and enforceable in their entirety, or as may be amended in the future. Exhibit "C"- Restated and Amended Developer Lease Agreement, shall be amended as follows: Section 1. Definitions. (r) "Specific Plan" shall mean the Specific Plan approved by the City Council on December 1, 1998, or as may be amended in the future. 3. Change the parties reflected in the first paragraph of the Agreement to Stamko Development Company and the City of La Quinta. Planning Commission Action: The Planning Commission on May 9, 2000, at the conclusion of the public hearing, on a 4-0-1 (Commissioner Butler absent) recommended approval. For clarification, staff has prepared the Planning Commission recommended amendments in legislative format as follows: A. Section 2.50.4.1.1 Site Plan - Auto Mall (pg. 52): Pads 1, 2, and 3 .along Highway 1 1 1 are behind a 62 foot landscape setback from the curb and will have vehicular displays. In addition, Pads 1, 5, 6 and 7 along Adams Street are behind a 32 foot landscape setback from the curb and will have vehicular displays. The special display pads along Highway 1 1 1 and Adams Street will not have stripping and will allow at least one car per every 10 linear feet. Exhibits 13-1, 13-2, 13. 3, 13-4, 13-5, and 13-6 show Highway 1 1 1 parkway concepts and cross sections of three vehicular displays and three special display pads at specific locations in Pads 1, 2, and 3 along Highway 1 1 1. Each special display pad will not have stripping and will not be elevated more than one foot above the average finish grade of that display area due to safety concerns. Only new cars will be allowed within the special and regular display areas along 6 1 Q17, 2^ CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd Highway 1 1 1 . No employee or visitor parking shall be allowed in the special and regular . display ja6m. Permanent shade structures, that match the dealers building colors and do not exceed 20 feet in height, are permitted fgr each dealec. The shade structures are not permitted to be Igcated it tWe so-ecialoLve-hicular-display areas adjacent t• the landscape setback along Highway 111. B. Section 2.50.4.1.3 Special Events -Auto (pa 54): The auto mall operation will include regularly scheduled special events designed to increase the flow of traffic into the automall. These special events shall be limited to no more than 40 total days per year for the auto mall with no single event lasting more than 10 days. Concurrent or jointly sponsored events held on the same day shall count as a single day regardless of how many dealers participate. These special events may not utilize searchlights. However, laser displays and other similar technologies or techniques may be used upon approval of the individual Temporary Use Permit. In no case shall any such lighting activity continue after 10:00 p.m. or after business hours. Additional temporary permitted uses include temporary shade structures with no color limitations. All special events under this entitlement process shall be individually considered and approved by the Community Development Director through the Temporary Use Permit process. C. Section 2.70.1 Landscape Concept (gg. 591: The landscape concept follows a "desert Oasis" theme emphasizing water efficient materials exhibiting color and form. Parking areas in the mixed regional commercial center will feature the concept of a high canopy tree form to reduce the conflict between landscape elements and project graphic. The auto mall will use tree forms sparingly and concentrate form and color along the street frontage of each dealership and/or auto related commercial pad. Most landscape areas throughout the project will be used for stormwater retention with the exception of Adams Street and only 40% of Parcels 1, 2, and 3 in Planning Areas #1 will be allowed on Highway 111. The size of the trees within the Highway 111 setback shall be a minimum of four inches in diameter eight foot tall with a six foot spread at the time of installation. If any tree dies within the Highway 111 setback area shall be replaced within 14 days. No prunh ig of the trees within the 1 lighway 111 grade.setback aea sh.." be allowed wethin four feet of the One gallon plants shall be planted three feet on center and five gallon shrubs shall be spaced appropriately within the Highway 111 setback area. D. Section 2.80.1.1 Signaae - Auto Mall (pg. 62): Only three of the dealerships have technical "frontage" on Highway 111. This Specific Plan will be consistent with the City's Highway 111 Design Theme except that one area, the signage, will have to deviate by allowing nine dealers identification monument signs in the 50 foot landscape setback area along Highway 111 under Development CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd r13 23 Scenarios 1, 2, and 3 as shown in Exhibit 17. These nine dealer identification monument signs will be lighted and will be consistent with to City's lower lighting level requirements and will comply with the City's "Dark Sky" Ordinance. In addition, two entry monument signs will be utilized along Highway 1 1 1; one entry monument sign west of the main entry and one near the corner of Adams Street and Highway 1 1 1. At the entrance on Adams Street, an entry monument sign may be allowed providing identification to both the auto mall and the mixed regional commercial center under Development Scenarios 1, 2, and 3. Specify that wall signs sl iall not be allowed .. 1 8 ie . to, th building elevations in Planning Aiea #1 fo, Development Seenaiios #1, , Exhibit 18 shows the conceptual dealer identification monument sign and the conceptual entry monument signs proposed for Highway 111 and Adams Street. The entry monument signs can either identify "The Auto Centre at La Quinta": "the Auto Centre at La Quinta & The Auto Service Center" if applicable: or list each of the dealers franchises and "The Auto Service Centre" if applicable. Each dealer or auto related pad will be allowed the following signage: 1. One ground mounted interior "Product Identification" sign per franchise not to exceed 40 square feet per face. This sign will be primarily for manufacturer's identification. 2. ESL one wall mounted "Dealer Identification" sign_a with 24 inch maximum height letters. Letters shall be channel" can, plex-faced, internally illuminated. Exposed raceway for the signage will be permitted if designed to be integral with the background subject to Community Development Director approval. Architectural forms or designs may require signs to be split on more than one building face or element, subject to Community Development Director approval 3. One secondary wall or fascia mounted sign for each department (used cars, service, parts, body shop, etc.). Two ground mounted interior signs per dealer not to exceed 40 square feet per face for advertising various departments such as used cars service parts body shop etc to be located south of Highway 1 1 1 and east of Adams Street Signs shall be of appropriate size to be seen from La Quinta Drive, Auto Centre Drive, Auto Centre Way (North and South) and shall be sized to fit the architectural element on which it is located. 4. Directional signs shall be individually considered by the Community Development Director. 6'0- 24 CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd 5. Add new: Banners, antenna pennants. and pennants (including pennants mounted on lighting fixtures) are permanently permitted. These additional signs must be maintained in a "like new" condition at all times. Balloons, inflatable animals or other figures, or other inflatable displays whether tethered or not. are not permitted. Exhibit 19 depicts the design concept for the "Dealership Identification" and the interior "Product Identification" signs. Public Noticing: This application was advertised in the Desert Sun on April 18, 2000 and April 28, 2000. All property owners within 500 feet of the boundaries of the project were mailed a copy of the public hearing notices. As of this writing no correspondence has been received regarding this project. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Specific Plan 97-029, Amendment #2, subject to the Findings and Conditions of Approval, and Introduce an Ordinance of the City Council approving Development Agreement 97-002, Amendment #2; or 2. Do not adopt a Resolution of the City Council approving Specific Plan 97-029, Amendment #2, subject to the Findings and Conditions of Approval, or do not introduce an Ordinance of the City Council approving Development Agreement 97-002, Amendment #2; or 3. Provide staff with alternative direction. Respectfully submitted, 4errHer n unity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City Council Minutes and staff report for of May 16, 2000 r' 25 CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd ATTACHMENT 1 City Council Minutes 18 May 16, 2000 3. PUBLIC HEARING ON SPECIFIC PLAN 97-929, AMENDMENT NO. 2, AND DEVELOPMENT AGREEMENT, AMENDMENT NO. 2 - A REQUEST TO MODIFY THE SIGN REGULATIONS, ALLOW CAR DISPLAY RACKS, AND OTHER MINOR CHANGES AND APPROVAL OF AN AMENDMENT TO THE DEVELOPMENT AGREEMENT IN REGARD TO DEFINITIONS. APPLICANT-A-STAMKO DEVELOPMENT COMPANY. 1 The Mayor declared the PUBLIC HEARING Community Development Director Herm Chris Clarke, 2205 Poinsettia, Manhatt of Stamko pment, reviewed their requests for additional nd showed photographs depicting the need for jacks, pennants, tents to promote the dealerships and increase sales. She ated rs are required by manufacturers to participate in ten and s sed the issue of permanent versus temporary tent de stru In response to Mayor Pena, .Her porary shade structures without color limitations allow and emporary Use Permit and permanent shade struct matc g the c r of the building are allowed on site except for display alo ighwa 11. Ken owell, ow Dodge er Jeep, stated he was glad to be in L abut Wager ns were affecting his business sales. He ther ails in the Valley have balloons, pennants, tents, and lots a and dealerships are looking to see how successful the La Qu Cen a stated two dealers considering locating in La d fo cation in Indio. He believed the dealers' requests a porta uccess of the Auto Centre. In response to it Member Sniff, Mr. Sowell stated he is in agreement with the Planning mission's recommendation except for the balloons, which he felt help dra ttention to the dealerships. He plans to use them on streamers and/or car ennas. He stated tents for tent sales are needed for longer than orge Velarde, owner of Torre Nissan, urged the City to help promote their dealerships by approving these requests. In response to Mayor Pena, he stated 70% of their customers come from Indio and Coachella, 20% from La Quinta, and 10% from Palm Desert and Palm Springs. He noted that sales increased at Palm Springs Motors the month after they put up their tents. 6 21 27 • 0 City Council Minutes 19 May 16, 2000 Tom Hanes, 79-180 Ladera Drive, stated he did not feel balloons are needed to sell cars but understood the need for signage. He hoped searchlights would not be allowed. There being no further requests to speak, the Mayor decl HEARING CLOSED at 10:10 p.m. Alk In response to Council Member Henderso manufacturers' tents be allowed in any co across the front of the buildings match the structures behind the six-foot wall not They also requested manufacturers' tent s because they sometimes last up to 30 da} In response to Council Member Hei been issued for the current shade CjgWcil Melt gnificant cc have a proble use of temp condition. signage r. Cla t per of t uil Iu' to mat e considered Ph e PUBLIC the request is e structu he e ngs. events J no permits have ings. rngt to s ort the merchandising maintain the integrity of e str should match the color of w m manuf turers' tent sales are held each po d abou P. She noted if manufacturers' s I eve , potentially there could be an event s, and tents at any given time of the rs, pennants, additional signage for the Auto Centre entry signs, deletion of the pruning i 1kd use of balloons for special events only. She n all other inflatable displays. f felt the City should support the auto dealers with n given to general appearance of the area. He did not V manent tents matching the color of the buildings nor the F ymanufacturers' tents as long as both are kept in good pported the recommendation of the Planning Commission on eletion of the tree pruning requirements. He also supported the s for special events but not giant inflatables. Council Member Adolph commented on the amount of time Council spent discussing these issues during the approval process of the auto mall and stated he is in agreement with additional signage on the buildings and raising the auto display areas as long as it's not done with metal platforms. However, he did not support the other requests because he felt they would result in a circus -like 620 28 0 0 City Council Minutes 20 May 16, 2000 atmosphere on Highway 1 1 1. He also could not support deletion of the pruning requirements without detailed criteria on how it will be done. Mayor Pena stated he felt auto dealerships are unique and require signage and other advertising devices to attract people but wished to be sur I the signs and devices used are maintained in "as new" condition. F&supipffed additional signage on the buildings and agreed the entry igns n oving. He was also opposed to a circus -like atmosphere and her uld be done in an attractive and tasteful manner that wo ttract DeRNIEffhantion. Council Member Henderson suggested t 1 1 1 Corridor Plan and stated she did r jacks to display vehicles. A discussion ensued regarding the numb and 151 structures resulting in Council concur to co 2000, and a request for staff to h 1 �� rs the shade structures. MOTION - It was mo consideration of Specific Agreement, Amendm to direct staff to refie ad to rev way blem with of car of permanent shade �matter to June 6, btential locations for ,i(2, d y Co it M Sniff/Adolph to continue 97-0 , Amen ent No. 2, and the Development . 2, f tamko evelopment to June 6, 2000, and ie iss Mn ' carried unanimously with Council MI R NO. 2000-85. 62-1 29 At 4, 0 40 T,d f 444" AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: May 16, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Public Hearing on Specific Plan 97-029, Amendment PUBLIC HEARING: #2 and Development Agreement 97-002, Amendment #2 a Request for Approval to Modify the Sign Regulations, Allow Car Display Jacks, and Other Minor Changes, and Approval of an Amendment to the Development Agreement in ,Regard to Definitions. Applicant: Stamko Development Company Adopt a Resolution of the City Council approving Specific Plan 97-029, Amendment #2, subject to the Findings and Conditions of Approval; and, A. Move to take up Ordinance No. ` by title and number only and waive further reading. B. Move to introduce Ordinance No. _ on first reading for Development Agreement 97-002, Amendment #2. None. None. On July 15, 1997, the City Council adopted a Specific Plan setting forth the detailed development principles, guidelines, and programs to facilitate the development of this 87 acre site. The first Amendment to the Specific Plan was processed in 1998 which modified the internal layout of the project and refined the development concepts and land uses. Specifically, three Planning Areas were created over the entire site and the property could be developed under any of four scenarios. Each scenario involved a different mix of the allowed auto sales/service and retail/commercial use 30 rr-mv nt-w.ii +rmc\WPDOCS\CCJH-StamkoAmd2.wod !, • Proposed Amendment to the Specific Plan The applicant proposes the following amendments: 1 Section 2,80.1.1 - Signage - Auto Mall (pa,62): Add this sentence to the first paragraph after the last sentence. "The entry monument signs can either identify 'The Auto Centre at La Quinta'; 'The Auto Centre at La Quinta & The Auto Service Center', if applicable; or list each of the dealer's franchises and 'The Auto Service Centre', if applicable." 2. Section 2.80.1.1.2 - Signage - Auto Mall (p 62): revise the first sentence, "One wall mounted 'Dealership Identification' sign..." to "Four wall mounted 'Dealership Identification' signs...." 3. Section 2.80.1.1.3 - Signage - Auto Mall (a& : Add this sentence after the first sentence "One ground mounted interior sign per franchise not to exceed 40 square feet per face for each department (used cars, service, parts, body shop, etc J. 4. Section 2.80,1.1 - Signage - Auto Mall (p.63): Add this paragraph after the last paragraph, "Balloons, pennants (including pennants mounted on lighting fixtures), antenna pennants, banners and event tents, shall be allowed." 5. Item #9 - Conditions of Approval - Final dated November 17. 1998: Delete, "the special and regular display areas shall not use car jacks." 6. Item #13 - Conditions of AQUroval - Final dated November 17. 1998: Delete, "No pruning of trees within the Highway 1 1 1 setback area shall be allowed within four feet of the grade." 7. Item #15 - Conditions of Approval - Final dated November 17, 1998: Delete, "Specify that wall signs shall not be allowed on the north building elevations in Planning Area #1 for Development Scenarios #1, #2, #3." 8. Item #15B - Conditions of Approval - Final dated November 17 1998: Delete, "Delete 'Highway 111' in that secondary signs do not need to be seen from this highway." Proposed Second Amendment to the Development Agreement The original Development Agreement and First Amendment were approved previously and are binding agreements between both parties for the purpose of establishing certainty that the development will progress in a timely manner. The Second Amendment request modifies the Development Agreement as follows: 62u tw CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd 31. 4 1 . Definitions: In this Second Amended Agreement, the defined terms will have the same meaning as in the Original Agreement except as may be otherwise noted in this Second Amended Agreement: 1.1. Authorizing Ordinance: "'Authorizing Ordinance" means Ordinance No. 32e approving this Second Amended Agreement. 1.4 Specific Plan: The Specific Plan approved by the City Council on July 15, 1997 as amended by Amendment No. 1 approved by the City Council on November 17, 1998, and Amendment No. 2. approved by the City Council on 2000. A reference to "Amendment to Specific Plan" refers only to Amendment- #1 _Qj: k2 to the Specific Plan and/or any future amendments not affecting the implementation of the Development Agreement. 2. No Other Change: All sections of the original Agreement, or the First Amendment which have not been specifically amended by this Second Amended Agreement shall remain intact and enforceable in their entirety, or as may be amended in the future. Exhibit "C"- Restated and Amended Developer Lease Agreement, shall be amended as follows: Section 1. Definitions. (r) "Specific Plan" shall mean the Specific Plan approved by the City Council on December 1, 1998, or as may be amended in the future. Planning Commission Action: The Planning Commission on May 9, 2000, at the conclusion of the public hearing, on a 4-0-1 (Commissioner Butler absent) recommended approval. For clarification, staff has prepared the Planning Commission recommended amendments in legislative format as follows: A. Section 2.50.4:1.1 Site Plan - Auto Mall (pg. 5 l: Pads 1, 2, and 3 along Highway 111- are behind a 62 foot landscape setback from the curb and will have vehicular displays. In addition, Pads 1, 5, 6 and 7 along Adams Street are behind a 32 foot landscape setback from the curb and will have vehicular displays. The special display pads along Highway 111 and Adams Street will not have stripping and will allow at least one car per every 10 linear feet. Exhibits 13-1, 13-2, 13-3, 13-4, 13-5, and 13-5 show Highway 111 parkway concepts and cross sections of three vehicular displays and three special display pads at specific locations in Pads 1, 2, and 3 along Highway 111. Each special CAMy Documents\WPDOCS\CC]H-StamkoAmd2.wpd 6 32 display pad will not have stripping and will not be elevated more than one foot above the average finish grade of that display area due to safety concerns. Only new cars will be allowed within the special and regular display areas along Highway. 1 1 1. No employee or visitor parking shall be allowed in the special and regular display areas. jacks. Permanent shade structures. that match the dealers building colors and do not exceed 20 feet in height. are permitted for each dealer. The shade structures are not permitted to be located in the special or vehicular disl2lav areas adjacent to the landscape setback along. Highway 111. B. Section 2.50.4.1.3 Special Events -Auto (pg54): The auto mall operation will include regularly scheduled special events designed to increase the flow of traffic into the automall. These special events shall be limited to no more than 40 total days per year for the auto mall with no single event lasting more than 10 days. Concurrent or jointly sponsored events held on the same day shall count as a single day regardless of how many dealers participate. These special events may not utilize searchlights. However, laser displays and other similar technologies or techniques may be used upon approval of the individual Temporary Use Permit.. In no case shall any such lighting activity continue after 10:00 p.m. or after business hours. Additional temporary permitted uses include temporary shade structures with no color limitations. All special events under this entitlement process shall be individually considered and approved by the Community Development Director through the Temporary Use Permit process. C. Section 2.70.1 Landscape Concept(pg. 59): The landscape concept follows a "desert Oasis" theme emphasizing water efficient materials exhibiting color and form. Parking areas in the mixed regional commercial center will feature the concept of a high canopy tree form to reduce the conflict between landscape elements and project graphic. The auto mall will use tree forms sparingly and concentrate form and color along the street frontage of each dealership and/or auto related commercial pad. Most landscape areas throughout the project will be used for stormwater retention with the exception of Adams Street and only 40% of Parcels 1, 2, and 3 in Planning Areas #1 will be allowed on Highway 111. The size of the trees within the Highway 111 setback shall be a minimum of four inches in diameter eight foot tall with a six foot spread at the time of installation. If any tree dies within the Highway 111 setback area shall be replaced within 14 days. setback area sha" be allowed within foui feet of the . One gallon plants shall be planted three feet on center and five gallon shrubs shall be spaced appropriately within the Highway 111 setback area. f42Q 33 CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd • 0 D. Section 2.80.1 .1 Signage Auto Mall (pg. 62): Only three of the dealerships have technical "frontage" on Highway 111. This Specific Plan will be consistent with the City's Highway 111 Design Theme except that one area, the signage, will have to deviate by allowing nine dealers identification monument signs in the 50 foot landscape setback area along Highway 111 under Development Scenarios 1, 2, and 3 as shown in Exhibit 17. These nine dealer identification monument signs will be lighted and will be consistent with to City's lower lighting level requirements and will comply with the City's "Dark Sky" Ordinance. In addition, two entry monument signs will be utilized along Highway 111; one entry monument sign west of the main entry and one near the corner of Adams Street and Highway 111. At the entrance on Adams Street, an entry monument sign may be allowed providing identification to both the auto mall and the mixed regional commercial center under Development .Scenarios 1, 2, and 3. Specify that wall signs shall not be allowed on thenoith *3- Exhibit 18 shows the conceptual dealer identification monument sign and the conceptual entry monument signs proposed for Highway 111 and Adams Street. The entry monument signs can either identify "The Auto Centre at La Quinta": "the Auto Centre at La Quinta & The Auto Service Center" if applicable: or list each of the dealers franchises and "The Auto Service Centre". if applicable. Each dealer or auto related pad will be allowed the following signage: 1. One ground mounted interior "Product Identification" sign per franchise not to exceed 40 square feet per face. This sign will be primarily for manufacturer's identification. 2. E9s![ one wall mounted "Dealer Identification" signs with 24 inch maximum height letters. Letters shall be channel can, plex-faced, internally illuminated. Exposed raceway for the signage will be permitted Development Director approval. Architectural forms or designs may require signs to be split on more than one building .face or element, subject to Community Development Director -approval 3. One secondary wall or fascia mounted' sign for each department (used cars, service, parts, body shop, etc.). Two around mounted interior signs Der dealer not to exceed 40 sauare feet Der face for advet#isina various located south of Highway 111 and east of Adams Street Signs shall be of appropriate size to be seen from La Quinta Drive, Auto Centre Drive, Auto Centre Way (North and South) and shall be sized to fit the architectural element on which it is located. 6 2 Jr 34 CAMy Documents\WPDOC$\CCJH-StamkoAmd2.wpd 4. Directional signs shall be individually considered by the Community Development Director. Add new: Banners, antenna pennants. and pennants (including pennants mounted on • •fixtures)permanently permitted. TI e additional signsmust be I 1-• in I condition at all times. Balloons. • - animals or other figures.gr other inflatablp, displays. whether - - • or • are not permittedL Exhibit 19 depicts the design concept for the 'Dealership Identification" and the interior "Product Identification" signs. Public Noticing: This application was advertised in the Desert Sun on April 18, 2000 and April 28, 2000. All property owners within 500 feet of the boundaries of the project were mailed a copy of the public hearing notices. As of this writing no correspondence has been received regarding this project. All appropriate outside agencies have been notified and their responses are included in the Conditions of Approval. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Specific Plan 97-029, Amendment #2, subject to the Findings and Conditions of Approval, and Introduce an Ordinance of the City Council approving Development Agreement 97-002, Amendment #2; or 2. Do not adopt a Resolution of the City Council approving Specific Plan 97-029, Amendment #2, subject to the Findings and Conditions of Approval, or do not introduce an Ordinance of the City Council approving Development Agreement 97-002, Amendment #2; or 3. Provide staff with alternative direction. Respectfully su itted, - Development Director A rov d for submissi b homas P. Genovese, City Manager Attachments: 63 35 1. Planning Commission Minutes of May 9, 2000 ATTACHMENT 1 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 9, 2000 V. PUBLIC HEARINGS: A. Specific Plan 7:00 P.M. 002. Amendment #2; a request of Stamko Development Company for a recommendation of approval to amend "The Centre at La Quinta Specific Plan" modifying the sign regulations allowing car display racks, and other minor changes; and recommendation for approval of an amendment to the Development Agreement regarding definitions. 63-L 3'7 CAMy Documents\WPD0CS\PC5-9-20.wpd 1 on Planning Commission Meeting -May 9, 2000 1. Chairman Kirk opened the Public Hearing and asked for the staff report. Community Development Director Jerry Herman 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 Robbins asked staff to clarify their recommendation. 3. Chairman Kirk asked if staff was recommending ;that in regard to the applicant's request #3 it be,changed from,.each:department to each franchise. Staff clarified .that the applicant was..asking for up to six or more freestanding signs, 40square feet.for each franchise and staff is recommending one 40 square foot` sign per dealer to identify all the uses 4. There being no further questions of:' f staff, Qhairman Kirk asked if the applicant would like to..address the Commission. Ms. Christine Clarke, representing Stamko Development''Company, asked for clarification on the recommendatlo''n; 1) the signs going around the building regarding -the exposed -raceway. Staff clarified that the signs on the front of the. :building does not have exposed raceway. The raceway ;for those signs is `behind the facade. It is staff's understanding they cannot put the raceway behind the other building facade because there is a beam in the way. This is an attempt to allow them to have an exposed raceway; however, the raceway has to look like it is part of the facade from the exterior, so you are putting the raceway up and the letters on top of the raceway to appear to be part of the building. 2) Permanent or temporary.shade structures are to match the building colors. Her concern is that the Chrysler dealership is having a tent sale and the `auto manufacturer sends the tents to the dealers and it is never known :what the colors will be. She then displayed samples of tents -that are located at other dealers throughout the Valley. They are asking for flexibility to allow them to use what is sent by the manufacturers and they will keep them off Highway 111. Chrysler currently has tents up to shade the workers who are washing the cars. 3) Secondary signs being. unlimited for used cars, service, parts, and body shop. She would like to change #3 to read dealer not franchise and to have them located on the interior streets only, for each of the uses; 4) Balloons, banners, pennants, etc.; a specific plan should allow a development to address specific issues. Therefore they are not asking for this on the east side, but the auto mall only. In the Specific Plan and the Amendment they 63 38 CAMy Documents\WPDOCS\PC5-9-20.wpd 2 Planning Commission Meeting -May 9, 2000 do not comply with several City ordinances. For example, the Highway 111 Design Guidelines. The City exempted them due to problems that would be caused by some of the design requirements. They did not change the Ordinance. The Specific Plan allowed the exception. Retention is another example as well as signs on Highway 111. All of these exceptions were allowed because they had a Specific plan. She then showed examples where pennants were being used tastefully at other auto dealers. They are not asking for a change .in the Clty's Ordinance, but to handle allow the uses as a part of .the Specific Plan process. If allowed, she would like.a condition added that ali flags,. -pennants, etc. be kept in a "new -like" condition.. In regard to the Development Agreement the -only,.:. -correction is to delete the Juvonen Trust as they are no longera, part of the Agreement. 5. Chairman Kirk asked if there was any questions of the applicant. Commissioner Tyler asked if the applicant had :an alternative to the colors of the tents. Ms. Clarke stated she is asking that this requirement be deleted as they. have no control over the colors as they are sent from the auto manufacturers. Commissioner Tyler suggested two conditions; one for the tents supplied by the manufacturers and one for the dealer. Ms. Clarke suggested there be three; the manufacturers, those shown on the front of the property, and those on the. back of the property. 6. Commissioner Abels stated he thought the manufacturers tents should be allowed and the balance of the tents should conform to staff's recommendations. 7. Commissioner Robbins stated that if they are to be permanent shade structures, they should match the building. If temporary, then whatever the manufacturers wants. 8. Chairman Kirk asked what the applicant wanted in regard to the :40-square foot signs. Ms. Clarke stated the dealers would like to have one sign per use. Chairman Kirk asked the applicant if she was agreeing with staff's recommendation. Ms. Clarke stated no; she would like each of the signs as requested. 9. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened it for Commission discussion. 633 39 C:\My Documents\WPD0CS\PC5-9-20.wpd 3 Planning Commission Meeting -May 9, 2000 10. Commissioner Robbins stated he agreed with staff's recommendation, with the exception of the tents. He asked if there were any limits on the length of time for a temporary facility, such as a tent. Staff stated they are allowed 40 days a year under a Special Advertising Permit. Page 54 of the Specific Plan states, "...special events shall be limited to no more than 40 total days per year for the Automall, with no single eventaasting more than ten days. Concurrent or. jointly sponsored events held on the same - day shall count as a single day: regardless of how many dealers participate. These special events may staff would recommend leaving the word "permanent" shade stricture as it exists and take the "temporary" shade use and `put t it under the : temporary use permit process Commissioner Robbms_asked if the Specific Plan would govern o e[ *'a City ordinances. City Attorney Dawn Honeywell stated the `specific Plan would govern in this case. Community Development birector Jerry Herman clarified that there is anotherexistmg"auto dealer and other retail il uses that do not have the advantage if thebanners and flags are allowed at the Automall. 'The only way they could have the flags and banners is to amend .the Ordinance to allow them the same use or they process a specific Plan VVaIMart has a specific plan and could apply for an amendment to allow the banners and flags. Commissioner Robbins stated. he Planning Commission does not have to approve the amendment. Staff stated that is true, but now one specific plan is being allowed and a second is being denied; 11. Commissioner Tyler stated he had met with the applicant on May 3'd to discuss he project. He is however, concerned that you are unable to see the cars from the Highway and signs are needed. In regardto the shade structures, perhaps they should limit the number per dealership. 12. Chairman Kirk stated he too met with the applicant to discuss the project. He has strong feelings in regard, to signs, but agrees that -more signs are needed in this case. On staff's recommendation in regard to the ground mounted sign, there is a significant different between staff's recommendation and the applicant's request. Does the Commission want one sign per use or per dealer. 13. Commissioner Robbins stated he too met with the applicant. If the signs are put on the back side of the buildings, he has no. problem with the applicant's request. His concern is the view from Highway 111. Qn 6 CAMy Documents\WPDOCS\PC5-9-20.wpd 4 Planning Commission Meeting May 9, 2000 14. Commissioner Abels stated he too met with the applicant. 15. There being no further discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 2000-025 recommending to the City Council approval of Specific Plan 97-029, Amendment #2 as requested by the applicant and as amended: _ - a. Section 2.50.4.1.1 Site Plan - Auto Mall (pg. 52); delete reference to temporaryPermanent:tentsare :allowed, shall be the color of the buildings, andl approved bystaff. b. Section 2.50.4.1.3 Special :Events (pg 54) temporary shade structure shall be allowed regardless of color c. Section 2.80.1.1 Signage Auto Mall (pg 62): two 40 square feet freestanding monument signs per dealership shall be allowed southof along Highway 111 and east of Adams Street d. A new section added: Pennants, including pennants mounted on. lighting fixtures,:.and banners shall be allowed, kept in a . °like new" condition. and can be permanent. Balloons are not allowed` ROLL CALL: AYES: Commissioners Abels, Robbins, Tyler, and Chairman Kirk. NOES: None.' ABSENT: Commissioner Butler. ABSTAIN: None: 16. It was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 2000-026 recommending to the City Council approval of Development Agreement 97-002, Amendment .#2 as submitted. ROLL CALL:.AYES: Commissioners Abels, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. B. Environmental Assessment 99-391. General Plan Amendment 2000-066. and Tentative Tract Map 29563; a request of Century -Crowell Communities for a recommendation to certify a Mitigated Negative Declaration of Environmental Impact, recommending to the City Council approval of an amendment to reduce cul-de-sac bulb radius dimensions for private streets from 45 feet to 38 feet, and a recommendation for approval of a tract map allowing 3 single family and other common lots on 7.65 acres. 6 3: 41. CAMy Documents\WPDOCS\PC5-9-20.wpd 5 City Council Minutes 17 PUBLIC HEARINGS June 6, 2000 1. CONTINUED PUBLIC HEARING ON SPECIFIC PLAN 97-029, AMENDMENT NO. 2 AND DEVELOPMENT AGREEMENT, AMENDMENT NO. 2 - A REQUEST FOR APPROVAL TO MODIFY THE SIGN REGULATIONS, ALLOW CAR DISPLAY RACKS, AND OTHER MAJOR CHANGES AND APPROVAL OF AN AMENDMENT TO THE DEVELOPMENT AGREEMENT IN REGAR TO INITIONS. APPLICANT: STAMKO DEVELOPMENT COMPANY. Alk Community Development Director Herm requested the public hearing be continued noun icant h MOTION - It was moved by Council Memerson a the public hearing on Specific Plan 97-029, J'L-99. 2, and evelopment Agreement, Amendment No. 2, for StamCo. to June 20, 2000. Motion carried unanimously. MINUTE O 630- 42 T4'y,, 4 4 Q" COUNCIL/RDA MEETING DATE: June 20, 2000 Public Hearing to Certify a Mitigated Negative Declaration of Environmental Impact, Approval of General Plan Amendment and Specific Plan To Allow Traffic Signal Spacing of Less Than 1200 Feet, and Tentative Tract Map 29436 a Request to Subdivide 75.86 Acres into 169 Residential Lots and Other Common Lots on Property Located North of Eisenhower Drive, East of Coachella Drive Applicant: U.S. Homes Corporation AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Move to continue this item to the July 5 , 2000 City Council meeting pursuant to the Planning Commission recommendation. FISCAL IMPLICATIONS: None. CITY CHARTER IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The applicant's proposal includes a General Plan Text Amendment, a Specific Plan, and Tentative Tract Map 29436, located north of Eisenhower Drive, East of Coachella Drive consisting of a 169 single family lot subdivision on 75.86 acres. The entire property ownership consists of eight parcels (A.P.N.'S: 623-310-008, 623-310-009, 631-31 1-001, 631-31 1-003, 631-312-001, 631-312-020 643-090-025, and 643- 090-004) in both the jurisdictions of La Quinta and Indian Wells totaling 190.51 acres. The applicant submitted a letter to the Planning Commission concurring with the recommendation to continue this item (Attachment 1). (;3 A:\Continued CC.staff rpt. TT29436.wpd 4 Environmental Assessment: Based on California Environmental Quality Act requirements, staff prepared Environmental Assessment 2000-395 for the project. The Planning Commission recommended continuance to allow staff to prepare an amended Mitigated Negative Declaration of Environmental Impact. Public Notice: The case was advertised in the Desert Sun newspaper on June 14, 2000. All property owners within 500 feet of the affected area were mailed a copy of the public notice as required. Planning Commission Action: The Planning Commission considered this request at its meeting of June 13, 2000. After a short discussion, the Planning Commission voted to recommend to the City Council to continue of this request to the June 27, 2000 Planning Commission meeting as the project issues and information relating to the Environmental Assessment require the EA to be amended (Attachment 2). FINDINGS AND ALTERNATIVES• No findings are necessary to continue this request. The alternatives available to the City Council include: 1. Move to continue this item to the July 5 , 2000 City Council meeting pursuant to the Planning Commission recommendation, or 2. Provide Staff with alternative direction. Respectfully subrgitted, Herman, Community Development Director Approved for submission by: Thomas P. Genovese, City Manager 63 02 AAContinued CC.staff rpt. TT29436.wpd Attachments: 1 . Letter from Mainiero, Smith and Associates concurring with continuance 2. Excerpts from Planning Commission Minutes of June 6, 2000 (33 03 AAContinued CC.staff rpt. TT29436.wpd 06,/ 13"'2000 16: 47 7603237893 M S ASSOCIATES PAGE 02f 02 ATTACHMENT 1 IDMainiero, Smith and Associates, Inc. Planning / Civil Engineering / Lund Surveying 777 East Tahquitz Canyon Wa.y, Suite 30) / Palm Springs. California 92262-6784 Telephone (760) 320-981) / FAX (760) 323-7893 • e-mail info@ mainierosmith.com • Uww.maitlierosmith.com June 13, 2000 Mr. Jerry Herman Community Development Director CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 Re: Continuance -US Home Applications Dear Jerry: On behalf of US Home Corporation, we very reluctantly concur with the continuance of their applications to the Planning Commission meeting of June 27, 2000, or an earlier date if possible. We request that no verbal testimony be taken by the Planning Commission tonight, as we will not be present, We would also request that any written cornments received by the City be forwarded to us in order to be fully prepared at the next Commission meeting, As we discussed yesterday with Chris Vogt and discussed previously with you, we are still under pressure to have Council action on these appiications by the end of June. Realizing that this might require a special Commission or Council session, we would hope that this could be done in the form of an adjourned meeting to avoid further noticing problems. We are still waiting to hear from Chris on this matter. If you have any questions concerning this, please feel free to call me at 760J320-9811. Very truly yours, Marvin Roos AICP Director of Planning Services Cc: Mike Lutz Russ Farmer 06-13-00 15:46 RECEIVED FROM:7603237893 05 640 P".92 ATTACHMENT 2 Planning Commission Minutes June 13, 2000 V. PUBLIC HEARINGS: 2. It was moved and continue the =item to Chairman Kirk being onded ie 27, sent. t'r►missioners Butler/Abels to Unanimously approved with 64A- �f CAMy Documents\WPDOCS\PC6-13-20.wpd 2 TWY,4 *'*P Q" COUNCIL/RDA MEETING DATE: June 20, 2000 Continued Joint Public Hearing Between the Redevelopment Agency, the La Quinta City Council and Catellus Residential Group to Consider Termination of Two Affordable Housing Agreements Between the Agency and Catellus Residential Group for the Property Located at the Northwest Corner of Jefferson Street and 48th Avenue. Applicant: Catellus Residential Group RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 9 Approve an Amendment to the Affordable Housing Agreement for Single Family Residential and the Affordable Housing Agreement for Senior Apartments between the La Quinta Redevelopment Agency and Catellus Residential Group. FISCAL IMPLICATIONS: The Amendment would result in the expenditure of up to $750,000 of Agency Housing Bond Fund revenue; this amount is part of the 1998 appropriation for the project. Of these funds, $75,000 would be used to reimburse Catellus for project related expenditures incurred to date and $675,000 would be used to acquire the three existing model homes. No new appropriations are required to implement this Amendment. BACKGROUND AND OVERVIEW: The Agency is mandated by the California Redevelopment Law to continually endeavor to increase and improve the supply of affordable housing in La Quinta. In an effort to address this mandate, the Agency purchased a 40-acre parcel located northwest of the Jefferson Street and Avenue 48 intersection. In 1996, the Agency requested proposals to develop this property with housing affordable to moderate -income family households, and low-income senior households. The Catellus Residential Group was selected to undertake this project. The Agency and Catellus entered into an Affordable Housing Agreement for Single Family Residential and an Affordable Housing Agreement for Senior Apartments C:\My Documents\WPDOCS\ccjh AHATerm Cat CC.wpd 4 n (collectively refereed to as the "Agreements") in October 1998. The Agreements were intended to facilitate construction of 86 single family dwellings and 118 senior apartment units, and associated public improvements and open space amenities. All of the single-family dwellings would be affordable to moderate -income households. The 118 apartment units would be affordable to very -low and low-income senior households. Catellus subsequently implemented this development, known as Miraflores. To date, all off -site improvements, 30 single family dwellings, and on -site street and utility improvements have been completed. Seventeen dwellings have been sold and are occupied by moderate -income households with another six under contract for sale. The Agreements provided a total of $10,352,525 in Agency property and financial assistance to facilitate the affordable housing development. This assistance was funded from the Agency's 1995 Housing Bond proceeds. A total of $8,190,906 has been expended to date. The remaining $2,161,619 has been retained by the Agency. In March of 2000, Catellus informed the Agency that it could no longer achieve the terms of the Agreements without additional financial assistance. Further, Catellus also relayed that Catellus Development Corporation, the Catellus' parent company, will be selling the merchant housing division, which includes Catellus. After substantial consideration, the Agency elected to conclude the Agreements with Catellus. The Amended Agreement institutes this conclusion. The attached Summary Report (Attachment 1) presents a.synopsis of the transaction and the proposed Amendment. Attachment 2 presents the Amendment. In general, the Amendment provides for the following: • The termination of the Agreements. • The transfer of the single-family dwelling site (the portion that is not developed with the 30 single-family dwellings) the three model homes, and the senior apartment site from Catellus to the Agency. Approximately 17.7 acres will be transferred at no cost to the Agency. The property has been subdivided and entitled, and improved with base infrastructure and landscaping improvements. • An accounting of the funds due either Catellus or the Agency for Catellus' obligations under the Agreements. Catellus has constructed many of the on- and off -site improvements specified in the Agreements and has incurred costs in doing so. The Agreements provided for Agency reimbursement of these costs on a monthly basis. • The Amended Agreement provides that both parties will reconcile all improvements and expenses constructed or incurred to date, and reimburse what is due either party. Catellus would be reimbursed for any outstanding costs associated with the improvements completed to date. The Agency would 6 4 receive funds for any improvements Catellus has completed but need further " 02 CAMy Documents\WPDOCS\ccjh AHATerm Cat CC.wpd work to meet City standards. • Catellus' continued warranty of the 27 homes and the infrastructure improvements associated with these homes for the time periods specified by applicable California codes. • The release of the four remaining finished homes from the Agency's affordability covenants, allowing Catellus to sell these units at market prices. The sale proceeds would be used to fund the remaining costs due Catellus. • Concluding the bonds that Catellus obtained for those improvements that have not yet been constructed. • Catellus responsibility for any environmental hazards subsequently found on the site that resulted from activities under Catellus site control. If approved, the Agency may expend up to $75,000 to reimburse Catellus for site improvement costs incurred to date. The Agency will also pay Catellus $675,000 for the three model homes which the Agency may use to market future phases of the project. These costs are related to site improvements constructed to date. With the release of the remaining units from the affordability covenants, unit sale proceeds not directed to cover dwelling construction and sales costs, will be used to fund these reimbursements. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1 . Approve an Amendment to the Affordable Housing Agreement for Single Family Residential and the Affordable Housing Agreement for Senior Apartments between the La Quinta Redevelopment Agency and Catellus Residential Group; or 2. Do not approve an Amendment to the Affordable Housing Agreement for Single Family Residential and the Affordable Housing Agreement for Senior Apartments between the La Quinta Redevelopment Agency and Catellus Residential Group; or 3. Continue the Public Hearing to July 5, 2000; or 4. Provide staff with alternative direction. 6 CAMy Documents\WPDOCS\ccjh AHATerm Cat CC.wpd Respectfully submitted, Jerrk Her an Coghmunity Development Director Approved for submission: l Thomas P. Genovese, City Manager Attachment: 1 . Summary Report 2. Amendment to the Affordable Housing Agreements 64v 04 CAMy Documents\WPDOCS\ccjh AHATerm Cat CC.wpd ATTACHMENT 1 SUMMARY REPORT FOR THE AMENDMENT TO AFFORDABLE HOUSING AGREEMENT FOR SINGLE FAMILY RESIDENTIAL AND AFFORDABLE HOUSING AGREEMENT FOR SENIOR APARTMENTS BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND CATELLUS RESIDENTIAL GROUP May 22, 2000 INTRODUCTION This document is the Summary Report ("Report") for the Amendment to the Affordable Housing Agreement for Single Family Residential and the Affordable Housing Agreement for Senior Apartments ("Amended Agreement") by and between the La Quinta Redevelopment Agency ("Agency") and the Catellus Residential Group ("Catellus"). This project is known as the Miraflores residential development, and is located in La Quinta Redevelopment Project Area No. 2, northwest of the Avenue 48 and Jefferson Street intersection. The Agency and Catellus entered into the Affordable Housing Agreement for Single Family Residential and the Affordable Housing Agreement for Senior Apartments (collectively refereed to as the "Agreements") in October 1998. The Agreements facilitate construction of 86 single family dwellings and 118 senior apartment units, and associated public improvements and open space amenities. All of the single-family dwellings would be affordable to moderate -income households. The 118 apartment units would be affordable to very -low and low-income senior households. In March of 2000 Catellus informed the Agency that it could no longer achieve the terms of the Agreements without additional financial assistance. Further, Catellus also relayed that Catellus Development Corporation, the Catellus' parent company, will be selling the merchant housing division, which includes Catellus. After considerable consideration, the Agency elected to conclude the Agreements with Catellus. The Amended Agreement institutes this conclusion. DEVELOPMENT SUMMARY Through the Agreements, the Agency was to provide up to $10,352,525 to facilitate the affordable dwelling development; $1.9 million to purchase the site, $4.5 million for on- and off -site improvements, $2.17 million for governmental agency fees, $1.0 million in planning, development and bond expenses, and $750,000 in homeowners' C:\MY DOCUMENTS\WPDOCS\SUMRPT-CATT.WPD.DOC 0 -6 4 0 association assistance. This assistance was funded from the Agency's 1995 Affordable Housing Bond proceeds. To date, a total of $8,190,906 has been expended. The remaining $2,161,619 has been retained by the Agency. Catellus has subdivided and entitled the site, and has constructed a majority of the on - and off -site infrastructure improvements. In addition, Catellus constructed 30 single family dwellings, of which 17 have been sold to moderate -income households. The senior apartments are to be financed through the sale of investment tax credits. Catellus did submit one tax credit application in the Spring of 1999. The senior apartments, however, were not awarded tax credits in that round. AMENDED AGREEMENT SUMMARY The Amended Agreement provides for the following: • The termination of the Agreements. • The transfer of the single-family dwelling site (the portion that is not developed with the 30 single-family dwellings) and the senior apartment site from Catellus to the Agency. Approximately 17.7 acres will be transferred at no cost to the Agency. The property has been subdivided and entitled, and improved with base infrastructure and landscaping improvements. • An accounting of the funds due either Catellus or the Agency for Catellus' obligations under the Agreements. Catellus has constructed many of the on - and off -site improvements specified in the Agreements and has incurred costs in doing so. The Agreements provided for Agency reimbursement of these costs on a monthly basis. The Amended Agreement provides that both parties will reconcile all improvements and expenses constructed or incurred to date, and reimburse what is due either party. Catellus would be reimbursed for any outstanding costs associated with the improvements completed to date. The Agency would receive funds for any improvements Catellus has completed, but need further work to meet City standards. • Catellus' continued warranty of the 30 homes and the infrastructure improvements associated with these homes for the time periods specified by applicable California codes. • The release of the 13 remaining finished homes from the Agency's affordability covenants, allowing Catellus to sell these units at market prices. The sale proceeds would be used to fund the remaining costs due Catellus and the Agency. 07 C:\MY DOCUMENTS\WPDOCS\SUMRPT-CATT.WPD.DOC 64 d • Concluding the bonds that Catellus obtained for those improvements that have not yet been constructed. • Catellus' responsibility for any environmental hazards subsequently found on the site that resulted from activities under Catellus site control. COST OF THE AMENDED AGREEMENT TO THE AGENCY The Agency will not expend any additional funds to implement the Amended Agreement; the funds due Catellus will be derived first from the sale of the remaining single family homes, and if any outstanding obligations remain; and second from the funds remaining on hand with the Agency per the Agreements. The reconciliation completed to date indicates that as much as $294,316 remains due to Catellus. Staff continues to review estimates for cost to complete which may reduce this amount. The Amended Agreement provides that the final amount will be fully paid from the sale proceeds of the remaining single family homes. FUTURE DISPOSITION OF THE MIRAFLORES DEVELOPMENT The Agency is negotiating with a development partnership comprised of the RecreAction Group of Companies (RGC) and LINC Housing to assume the Agreements. The partnership proposes to assume the project and build -out the remaining 56 single- family dwellings and senior apartments per the existing, approved Specific Plan for Miraflores. The partnership proposes to modify the sales mix of the remaining 56 single-family dwellings to feature 29 market rate units and 27 moderate -income affordable units. This would yield a final unit mix for the single-family component of 42 market rate units and 44 moderate -income affordable units. Sale proceeds generated by the market units would be used to fund construction cost increases, interest rate buy -downs and other buyer assistance for the moderate -income affordable units, and costs associated with improving the tax credit competitiveness of the senior apartments. The senior apartments would also be developed by the partnership through a combination of Agency funds (per the Agreements) and tax credit financing. Negotiations are underway to accomplish this assumption by July 2000. This would allowthe partnership to assume site maintenance and development responsibilities, and continued unit sales. C:\MY DOCUMENTS\WPDOCS\SUMRPT-CATT.WPD.DOC 6403 ATTACHMENT 2 AMENDMENT TO AFFORDABLE HOUSING AGREEMENT FOR SINGLE FAMILY RESIDENTIAL AND AFFORDABLE HOUSING AGREEMENT FOR SENIOR APARTMENTS This AMENDMENT TO AFFORDABLE HOUSING AGREEMENT FOR SINGLE FAMILY RESIDENTIAL AND AFFORDABLE HOUSING AGREEMENT FOR SENIOR APARTMENTS (this "Amendment"), dated as of , 2000, is by and between CATELLUS RESIDENTIAL GROUP, INC., a California corporation ("Catellus") and LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic ("Agency"). RECITALS: A. The parties previously entered into that certain Affordable Housing Agreement for Single Family Residential, dated as of October 6, 1998, as supplemented by that certain Agreement to Encumber Additional Property Under Affordable Housing Agreement for Single Family Residential, dated as of March 18, 1999, as further amended by that certain Second Implementation Agreement, dated January 3, 2000, 1999 (collectively, the "Housing Agreement"), as well as that certain Affordable Housing Agreement for Senior Apartments, dated as of October 6, 1998 (the "Apartments Agreement"). The Housing Agreement and the Apartments Agreement together, are referred to herein as the "Agreements." B. Pursuant to the Agreements, Catellus and Agency agreed to cause the development of certain income restricted, single family residential houses ("Houses") on the "SFR Site" (as defined in the Housing Agreement), as well as certain income restricted, senior apartments ("Apartments") on the "SA Site" (as defined in the Apartments Agreement). The SFR Site and the SA Site together, form a project located in the City of La Quinta, State of California (the "Project"). C. The parties desire to disengage from each other with respect to the development of the Project, by modifying the Agreements such that Catellus' only remaining obligations (collectively, "Catellus' Remaining Obligations") shall essentially be (i) to sell the existing Houses that have not been sold (as evidenced by recordation of a grant deed to a buyer) as of the "Closing Date" (as defined in Section 1 below) and (ii) to provide certain warranties with respect to the construction of the Houses as more particularly set forth in this Amendment. To facilitate the sale of the foregoing existing Houses, the parties will terminate all affordability restrictions currently applicable to the sale of the Houses, so that the Houses may be sold at market prices. Other than Catellus' Remaining Obligations, the parties desire to terminate the Agreements entirely, subject to the terms and conditions of this Amendment. Page 1 of 12 Amendment to the Affordable Housing Agreements Between the La Quinta Redevelopment Agency and Catellus Residential Group July 5, 2000 D. The purpose of this Amendment is (i) to determine the amount of costs and expenses Agency owes Catellus as of the Closing Date; (ii) to set forth the new terms and conditions under which Catellus shall perform Catellus' Remaining Obligations; and (iii) to provide the procedure whereby Catellus shall convey the Models (defined below), the undeveloped portion of the SFR Site and the entire SA Site back to the Agency and terminate the Agreements, except for Catellus' Remaining Obligations, subject to the terms and conditions of this Amendment. AGREEMENT: NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Catellus and Agency hereby amend the Agreements and agree as follows: 1. Closing. The disengagement from the development of the Project and the modifications to the Agreements set forth herein, shall be completed pursuant to a closing ("Closing"), whereby the parties shall deliver the funds and documents required by this Amendment to an escrow officer, who shall be acceptable to both parties (the "Escrow Officer"). The Closing shall occur on the date that is five (5) business days after the date both parties have executed and delivered this Amendment and the Agency has completed all necessary public hearings and received final approval of this Amendment, or such earlier date the parties may agree upon in writing (the "Closing Date"). The parties acknowledge that this Amendment shall also constitute the parties' joint instructions to the Escrow Officer. Catellus and Agency agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Officer or other instruments as may reasonably be required by Escrow Officer in order to consummate the Closing contemplated by this Amendment. Any such supplemental instructions shall not conflict with, amend or supersede any portions of this Amendment, unless expressly consented or agreed to in writing by Catellus and Agency. 2. Payments to Catellus at Closing (a) The Agreements provide for Catellus to perform certain land improvements (the "Construction Work") and pay certain fees, the costs of which are to be reimbursed by the Agency (the "Reimbursed Costs"). Catellus and Agency agree that at the Closing Catellus shall receive Seventy -Five Thousand Dollars ($75,000) of Reimbursed Costs for completed Construction Work. The parties agree that Catellus shall not perform after the Closing any additional Construction Work which would CAMy Documents\WPDOCS\AHAgrCatTermRev.wpd Page 2 of 12 Amendment to the Affordable Housing Agreements Between the La Quinta Redevelopment Agency and Catellus Residential Group July 5, 2000 constitute Reimbursed Costs and that at the Closing Agency shall have no further obligations to Catellus with respect to payment of Reimbursed Costs other than pursuant to Section 4(b). Notwithstanding anything to the contrary, if Agency, in writing, requests Catellus to do incidental Construction Work on the Property prior to the sale of all the Remaining Houses and such Construction Work would be appropriate Reimbursed Costs and funds are available to pay Catellus, Catellus shall cooperate with Agency to cause such Construction Work to be performed. (b) Catellus constructed and furnished on the SFR Site three (3) model houses ("Models") which it has utilized to market its production Houses. Agency desires to purchase at ,the Closing, and Catellus desires to sell, the Models and all furnishings ("Furnished Models") for Six Hundred Seventy -Five Thousand Dollars ($675,000). Catellus shall transfer the Models by grant deed. 3. Termination of Agreements. Effective as of the Closing Date, the Agreements shall be terminated except for Catellus' Remaining Obligations (and the modifications to the Housing Agreement related thereto, as set forth in Section 4 below), and, except as expressly provided herein, Catellus and Agency shall have no further obligation or liability to each other with respect to the Agreements. The parties acknowledge that the termination of the Agreements shall not affect Catellus' obligation (via its affiliate) to warranty the infrastructure improvements, as set forth in that certain Subdivision Improvement Agreement dated January 19, 1999, by and between Catellus Residential Communities Inc., a California corporation and the City of La Quinta, a municipal corporation of the State of California (the "City Infrastructure Agreement"). The foregoing termination of the Agreements shall be conditioned upon the parties performance of the following on or before the Closing: (a) Grant Deed. Catellus shall deliver to Escrow Officer at least one (1) day prior to the Closing Date, a grant deed or deeds in the form attached hereto as Exhibit "A" (a "Grant Deed"), duly executed and acknowledged by Catellus' affiliate, Catellus Residential Communities Inc., a California corporation, conveying (i) the SA Site, (ii) the Models and (iii) the "Conveyed Portion of the SFR Site" (defined below), free and clear of all monetary liens (excepting other than annual or semi-annual payments, if any, to any assessment or utility districts) and, except for any liens in which Agency is the beneficiary. The "Conveyed Portion of the SFR Site" means all the real property comprising the SFR Site except for the Houses sold and the "Remaining Houses" (as defined in Section 4 below). The Grant Deed shall create or reserve necessary easements and development rights to permit Catellus to perform the Catellus Remaining Obligations. CAMy Documents\WPDOCS\AHAgrCatTermRev.wpd Page 3 of 12 Amendment to the Affordable Housing Agreements Between the La Quinta Redevelopment Agency and Catellus Residential Group July 5, 2000 Plans, Permits & Reports. Catellus shall deliver to Escrow Officer, at least one (1) day prior to the Closing Date, those certain plans, permits and reports listed on Exhibit "B" attached hereto, which pertain to the Project. Catellus hereby represents that the costs in connection with the preparation of such plans, permits and reports, have been paid as of the Closing Date. (c_) Assignment of Contracts. At least three (3) business days prior to the Closing, Agency shall inform Catellus in writing which contracts pertaining to the Project that Agency desires to assume (the "Assumed Contracts") and which contracts pertaining to the Project Agency desires to have terminated ("Terminated Contracts"). Catellus and Agency shall deliver to Escrow Officer, at least one (1) day prior to the Closing Date, counterparts of an "Assignment of Contracts" in the form attached hereto as Exhibit "C", duly executed by Catellus and Agency (or an assignee designated by Agency), assigning to Agency (or its assignee), without warranty, all of Catellus' right, title and interest in, and Agency (or its assignee) assuming all obligations with respect to, the Assumed Contracts. Catellus shall terminate the Terminated Contracts at the Closing or as soon as the Terminated Contracts permit termination. Notwithstanding the foregoing, Catellus may retain an interest in any contracts whatsoever pertaining to the Project that Catellus deems appropriate to facilitate Catellus' performance of Catellus' Remaining Obligations and terminate any other contracts other than the Assumed Contracts. ll Deposits. Catellus shall deliver to Escrow Officer, at least one (1) day prior to the Closing Date, any written agreements regarding deposits or other refundable funds ("Refundable Deposit(s)") pertaining to the Project. Catellus hereby assigns its right title and interest in and to the Refundable Deposits, to Agency, and Agency hereby assumes Catellus' obligations in connection with the Refundable Deposits, if any. Lel Title Insurance. Escrow Officer shall have received an irrevocable commitment from First American Title Insurance Company (the "Title Company") to issue a standard CLTA policy ("Title Policy") in favor of Agency for the SA Site, the Models and the Conveyed Portion of the SFR Site, in the amount of Two Million One Hundred Seventy -Five Thousand Dollars ($2,175,000). Lf1 Condition of SA Site, Furnished Models and Conveyed Portion of the SFR Site. Agency has inspected and investigated (including without limitation, environmental -related matters), the SA Site, Furnished Models, the Conveyed Portion of the SFR Site, the Furnished Models and all related infrastructure improvements which Catellus constructed, or caused to be constructed, and Agency accepts the SA CAMy Documents\WPDOCS\AHAgrCatTermRev.wpd Page 4 of 12 Amendment to the Affordable Housing Agreements Between the La Quinta Redevelopment Agency and Catellus Residential Group July 5, 2000 Site, the Furnished Models and the Conveyed Portion of the SFR Site, subject to Catellus' Remaining Obligations, in their "AS IS, WHERE IS", condition, and releases Catellus pursuant to Section 5 of this Amendment, except for matters arising directly from the presence of hazardous materials on the SA Site, the Furnished Models or the Conveyed Portion of the SFR Site, which are proven to have been introduced to the SA Site, the Furnished Models or the Conveyed Portion of the SFR Site -by Catellus. LgJ Payments. Agency shall have delivered to Escrow Officer at least one (1) day prior to the Closing Date Seven Hundred Fifty Thousand Dollars ($750,000), representing the payments to Catellus in accordance with Section 2 above. Non -Foreign Status. Catellus shall deliver to Escrow Officer at least one (1) day prior to the Closing Date, a customary certificate of non -foreign status, duly executed by Catellus. ll Infrastructure Improvements. As of this date Catellus and Agency agree that Catellus shall do no further work pursuant to the City Infrastructure Agreement and at the Closing with Catellus' receipt of funds for Construction Work pursuant to Section 2(a) all Construction Work which Catellus and Agency agree Catellus would perform is completed and paid for. Therefore, on or before the Closing, Agency shall cause the City of La Quinta to terminate and exonerate the City Infrastructure Agreement and Catellus' affiliate's bond obligations pursuant to the City Infrastructure Agreement. The parties agree the post -closing work described on Exhibit "D" attached hereto shall not be Catellus' obligation, but shall be the obligation of a subsequent developer of the Project with whom the Agency shall contract, including the execution of new subdivision improvement agreements and bonds. Additionally, from the Closing, Agency hereby agrees to indemnify, save harmless and defend Catellus from any construction work or bonds or agreements relating thereto referenced on Exhibit "D" or otherwise which by the terms of this Amendment, Agency has agreed Catellus is no longer obligated to perform. Such portion of the work described on Exhibit "D" relating to and benefiting the Houses which Catellus constructed on the SFR Site (for example, the final lift/cap on the private streets) shall be performed by the Agency or its subsequent developer in a manner and time frame so as not to unreasonably interfere with the use and enjoyment of the owners of the Houses which Catellus has constructed on the SFR Site. JA DRE Subsidy Agreement. Agency shall have delivered to Catellus at least one (1) day prior to the closing date of the Escrow for the sale of the last Remaining House, a written instrument duly executed by Agency wherein Agency (or CAMy Documents\WPDOCS\AHAgrCatTermRev.wpd I Page 5 Of 12 Amendment to the Affordable Housing Agreements Between the La Quinta Redevelopment Agency and Catellus Residential Group July 5, 2000 a subsequent developer of the Project) shall assume all of Catellus' obligation to subsidize the payments of Home Owner's Association (HOA) dues for the Project, pursuant to that certain Department of Real Estate (DRE) Subsidy Agreement executed by Catellus. Additionally, from the Closing, Agency hereby agrees to indemnify, save harmless and defend Catellus from and against any obligation to make subsidy payments of HOA dues for the thirty houses which Catellus has sold or will sell after the Closing Date (including the Remaining Houses) and all future houses developed within the Project, pursuant to the DRE Subsidy Agreement. A. Modification of Housing Agreement For Remaining Houses. Effective as of the Closing Date, to facilitate performance of Catellus' Remaining Obligations, the Housing Agreement shall be modified only with respect to Houses that have not in fact sold prior to the Closing Date, four (4) Houses., and such Houses that are presently subject to sales contracts if such contracts are cancelled for any reason and any Houses subject to pending sales but for which a contract is not finalized on or before June 20, 2000 (such Houses are referred to herein as the "Remaining Houses"), as follows: (a) Termination of Restrictions. Effective as of the Closing Date, the low income requirements and related restrictive covenants, servitudes and such special requirements, excluding any, restrictions against race discrimination and any references to the overall Agency Redevelopment Plan to which the Project is subject to (the "Restrictions") for potential purchasers of the Houses set forth in the Housing Agreement, set forth in any other agreement between the parties, and set forth in any instrument that may have been recorded as a matter of record title for the SFR Site, shall hereby be terminated and have no further force and effect. Additionally, Catellus and Agency shall deliver to Escrow Officer, at least one (1) day prior to the Closing Date, counterparts of a "Termination of Restrictions" in the recordable form attached hereto as Exhibit "E", duly executed and acknowledged by Catellus and Agency, which shall globally terminate any and all such Restrictions which presently affect the sale of the Houses. Additionally, both before and after the Closing, the parties agree to execute and record such other instruments needed to effectuate the purposes of this Amendment and other instruments as the Title Company may require, in order to effect the termination of such Restrictions. u Proceeds Upon Sale of Hou§inq Units. Catellus shall use commercially reasonable efforts to market and sell the Remaining Houses. Upon the close of escrow of the last of the Remaining Houses, Catellus shall prepare a written accounting of the aggregate of the sales prices from the sale of all thirty (30) Houses (the "Housing Project Revenues"). As soon as practicable after the accounting is CAMy Documents\WPDOCS\AHAgrCatTermRev.wpd Page 6 of 12 651 14 Amendment to the Affordable Housing Agreements Between the La Quinta Redevelopment Agency and Catellus Residential Group July 5, 2000 prepared by Catellus and delivered to Agency, Catellus shall pay Agency all the Housing Project Revenues which remain, if any, after the following deductions: first, the escrow, title and other closing -related fees and costs incurred in connection with the sale of all the Houses, shall be deducted, second, the aggregate of the release prices paid to Sanwa Bank for the Sanwa Bank loan encumbering the SFR Site, shall be deducted, third, all project -related development costs not otherwise drawn from a construction loan or included in Reimbursable Costs (including, by way of example only, sales and marketing costs, trailer costs, interest, brochures), shall be deducted (consistent with the SFR Agreement), fourth, an amount equal to five percent (5%) of the aggregate Housing Project Revenues, representing Catellus overhead costs shall be deducted, and fifth, an amount equal to five and one-half percent (5'/2) of the aggregate Housing Project Revenues, representing Catellus' profit shall be deducted. In no event shall Agency incur any additional financial obligation if the Housing Project Revenues are inadequate for the foregoing deductions. Agency shall have the right to conduct a reasonable audit of Catellus' accounting, provided such audit occurs within six (6) months after Catellus delivers the foregoing accounting to Agency, and provided further that, Agency uses a C.P.A. to perform such audit, and in no event shall such C.P.A. be paid on a contingency basis. (cf Warranty Work for Houses. To the extent Catellus is obligated to perform warranty work for the Houses pursuant to the Housing Agreement, Catellus shall remain obligated to do so; provided, however, Catellus may elect to obtain insurance coverage to pay for and otherwise defray the costs of the warranty obligations for all or some of the Houses; provided further, however, such insurance coverage shall not relieve Catellus of its obligation to perform warranty work for the Houses pursuant to the Housing Agreement. !d_l. Assignment. Catellus and Agency acknowledge the facts and circumstances that Catellus may sell all or some of its assets related to its home building ventures and operations ("Assets") and such Assets may be sold to a new owner ("Catellus' Successor") prior to the time the Agreements, as amended by this Amendment, are fully terminated. Accordingly, and notwithstanding anything to the contrary contained in the Agreement, Catellus hereby agrees that unless Catellus assigns and Catellus' Successor assumes, all of Catellus' right and obligations under the Agreement (as amended by this Amendment), Catellus shall remain liable for the obligations under the Agreement (as amended by this Amendment). In the event of such sale of the Assets to Catellus' Successor, Agency shall have the right to approve the transfer of Catellus' obligations under the Agreements, including this Amendment, to Catellus' Successor only if by reason of such transfer Catellus' Successor assumes all such obligations. Agency's right to approve the transfer in such circumstance shall not be unreasonably withheld or delayed. J� r CAMy Documents\WPDOCS\AHAgrCatTermRev.wpd Page 7 op,15 15 Amendment to the Affordable Housing Agreements Between the La Quinta Redevelopment Agency and Catellus Residential Group July 5, 2000 Let Use of Models. Following the Closing and the transfer of the Models to Agency, Catellus shall have the right to the exclusive use of the Models to facilitate its sale of the Remaining Houses until the earlier to occur of (i) the sale of the last Remaining house or (ii) forty-five (45) days from the Closing. If Catellus has Remaining Houses at the end of said 45-day period, it shall be entitled to use the Models on a non-exclusive basis until the Remaining Houses are sold. During the period of its exclusive use of the Models, Catellus shall be responsible for the cost of utilities, maintenance and costs related thereto, attributable to the Models. After the end of such exclusive use period, the Agency shall be responsible for the cost of the utilities, maintenance and cost related thereto, attributable to the Models. 5. Release and Termination (a) From and after the Closing Date, the parties hereto release and discharge each other and their affiliates, officers, directors, partners, employees, agents, attorneys, representatives and assigns (collectively, "Releasees"), jointly and severally from any and all rights, claims, demands, charges, agreements, liabilities, obligations, damages, costs, fees (including, without limitation, those of attorneys), expenses and/or causes of action of every nature, whether known or unknown, suspected or unsuspected, which a party may now have or hereafter have or claimed to have against the other party's Releasees by reasons of any matter, act or omission arising out of or related to: (i) the SA Site, the Models and the Conveyed Portion of the SFR Site, (ii) the Agreements except for Catellus' Remaining Obligations and the indemnity obligations of Catellus set forth in Section 5(c) below, and (iii) immediately and automatically (without need for further documentation) upon the date that the last Remaining House is sold pursuant to the Housing Agreement (as amended by this Amendment), the Agreements in their entirety (including Catellus' Remaining Obligations) (the foregoing (i) through (iii) collectively, the "Released Claims"). THE PARTIES TO THIS AMENDMENT HEREBY ACKNOWLEDGE THAT THEY HAVE READ AND ARE FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 ("SECTION 1542"), WHICH IS SET FORTH BELOW: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." BY INITIALING BELOW, THE PARTIES HEREBY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE RELEASED CLAIMS: 63Jv Catellus' Initials Agency's Initials 16 CAMy Documents\WPDOCS\ARAgrCatTermRev.wpd Page 8 of 12 Amendment to the Affordable Housing Agreements Between the La Quinta Redevelopment Agency and Catellus Residential Group July 5, 2000 (b) Agency and Catellus acknowledge that: (i) upon the Closing, the Agreements, except for Catellus' Remaining Obligations and the indemnity obligations of Catellus set forth in Section 5(c) below, are terminated, pursuant to this Amendment, and (ii) immediately and automatically upon the date that the last Remaining House is sold pursuant to the Housing Agreement (as amended by this Amendment), the Agreements in their entirety, including Catellus' Remaining Obligations, will be terminated. (c) Notwithstanding anything to the contrary contained herein, Catellus hereby agrees to indemnify, save harmless and defend Agency from and against any claims made against Agency based on alleged defects in Catellus' construction of the Houses or any portion of the project Catellus has constructed. Additionally, Catellus hereby agrees to indemnify, save harmless and defend Agency from and against any mechanics or other liens to be file against the Project as a result of labor or materials furnished in connection with Catellus' Construction Work or construction of the Houses. Notwithstanding the foregoing, Catellus may in good faith contest the validity of any lien filed against the Project, provided that Catellus shall remain obligated to release and remove such lien (or insure over such lien to Agency's reasonable satisfaction by bond or otherwise) during any such good faith contest of such lien. The indemnity obligations of Catellus set forth in this Section 5(c) shall survive the Closing only for the period of time corresponding to the applicable statute of limitations governing the underlying action, if any is filed, upon which Catellus' indemnity obligation hereunder would be based. The parties acknowledge that the release and termination contained in this Section 5 shall not affect Catellus' affiliate's obligation to warranty the infrastructure improvements which it constructed pursuant to the City Infrastructure Agreement. 6. Escrow Officer Closing Instructions. On the Closing Date, provided all the conditions precedent set forth herein have been satisfied, Escrow Officer shall promptly undertake all of the following in the manner indicated: a) Prorations. Prorate all matters for the SA Site, the Models and the Conveyed Portion of the SFR Site, based upon the signed statement that Catellus and Agency may deliver to Escrow Officer at least one (1) day prior to the Closing Date. Real and personal property taxes and assessments on the Property shall not be prorated, but rather, in accordance with the Agreements, shall be accounted for as a Reimbursable Costs, pursuant to Section 2 above. (b) Cause the Termination of Restrictions to be recorded in the Official Records. (c) Cause a Grant Deed or Deeds conveying the SA Site, the Models and the Conveyed Portion of the SFR Site to be recorded in the Official Records.6 5 17 CAMy Documents\WPDOCS\AHAgrCatTennRev.wpd Page 9 of 12 Amendment to the Affordable Housing Agreements Between the La Quinta Redevelopment Agency and Catellus Residential Group July 5, 2000 (d) Disburse the Seven Hundred Fifty Thousand Dollars ($750,000) to Catellus as provided in Sections 2(a) and (b). (e) Charge Agency for the Escrow Officer's fees and expenses, the premium for the Title Policy, all recording fees (if any) and all transfer taxes (if any). (f) Direct the Title Company to issue the Title Policy in favor of Agency. (g) Deliver to Catellus: (i) a fully executed Assignment of Contracts; (ii) evidence of the termination of the City Infrastructure Agreement and the related bonds and (iii) a conformed copy of the recorded Termination of Restrictions. (h) Deliver to Agency: (i) the plans, permits and reports referenced in Section 3(b) above; (ii) a fully executed Assignment of Contracts; (iii) Catellus' non - foreign entity certificate; and (iv) the Title Policy. 7. Miscellaneous (a) Brokers. There are no brokers in the transaction contemplated herein. If any claims for brokers' or finders' fees for the consummation of this Amendment arise, then Agency hereby agrees to indemnify, save harmless and defend Catellus from and against such claims if they shall be based upon any statement or representation or agreement by Agency, and Catellus hereby agrees to indemnify, save harmless and defend Agency if such claims shall be based upon any statement, representation or agreement made by Catellus. V Effect of Amendment. Except to the extent the Agreements are modified by this Amendment, the remaining terms and provisions of the Agreements prior to the Closing Date and/or the termination as provided herein of the Agreements, or either of them, shall remain unmodified and in full force and effect. In the event of conflict or inconsistency between the terms of the Agreements and the terms of this Amendment, the terms of this Amendment shall prevail. c) Entire Agreement. This Amendment, together with the Agreements, embodies the entire understanding between Catellus and Agency with respect to its subject matter and can be changed only by an instrument in writing signed by Catellus and Agency. (d) Authority. Each individual executing this Amendment for a party hereto represents that he or she is duly authorized to execute and deliver this Amendment for such party and that this Amendment is binding upon such party in 6 J u accordance with its terms. -- 18 CAMy Documents\WPDOCS\AHAgrCatTermRev.wpd Page 10 of 12 Amendment to the Affordable Housing Agreements Between the La Quinta Redevelopment Agency and Catellus Residential Group July 5, 2000 u Independent Counsel. Catellus and Agency each acknowledge that: (i) they have been represented by independent counsel in connection with this Amendment; (ii) they have executed this Amendment with the advice of such counsel; and (iii) this Amendment is the result of negotiations between the parties hereto and the advice and assistance of their respective counsel. The fact that this Amendment was prepared by Catellus' counsel as a matter of convenience shall have no import or significance. Any uncertainty or ambiguity in this Amendment shall not be construed against Catellus because Catellus' counsel prepared this Amendment in its final form. ll Attorneys Fees. In the event of the bringing of any action or suit by a party to this Amendment against the other party to this Amendment, by reason of any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Amendment or any other dispute between the parties concerning this Amendment, then in that event, the prevailing party in such action or dispute, whether by final judgment or out of court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including actual experts' fees and attorneys' fees. Any judgment or order entered in any final judgment shall contain a specific provision providing for the recovery of all costs and expenses of suit, including actual attorneys' fees (collectively "Costs") incurred in enforcing, perfecting and executing such judgment. For the purposes of this Section, Costs shall include, without limitation, attorneys' and experts' fees, costs and expenses incurred in the following: (i) post judgment motions; (ii) contempt proceeding; (iii) garnishment, levy, and debtor and third party examination; (iv) discovery; and (v) bankruptcy litigation. This Section shall survive any termination of this Amendment prior to the Closing and shall also survive the recordation of the Grant Deeds and the Closing and shall not be deemed merged into the Grant Deeds upon their recordation. 191 Exhibits. The Exhibits attached hereto are hereby incorporated herein by this reference for all purposes. (h) Counterparts. This Amendment may be executed in counterparts, including facsimile copies of counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one in the same Amendment. ll Maintenance. To the extent not otherwise specifically negated, limited or otherwise provided for, in this Amendment, if pursuant to the Agreements Catellus had maintenance obligations with respect to the Remaining Houses for the SFR Site and the SA Site, such obligations will continue until the full termination of the applicable Agreement, as provided herein. CAMy Documents\WPDOCS\AHAgrCatTermRev.wpd Page 11 of 12 J 19 Amendment to the Affordable Housing Agreements Between the La Quinta Redevelopment Agency and Catellus Residential Group July 5, 2000 IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first set forth above. "Catellus" "Agency" CATELLUS RESIDENTIAL GROUP, INC., LA QUINTA REDEVELOPMENT AGENCY, a California corporation a public body corporate and politic ME Name: Name: Its: Its: ATTEST: By: Name: Its: APPROVED AS TO FORM: a% CAMy Documents\WPDOCS\AHAgrCatTermRev.wpd Name: Its: 660 Page 12`of 12 20 GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS GRANT DEED AND ALL TAX.STATEMENTS TO: La Quinta Redevelopment Agency Executive Director P. 0. Box 1504 La Quinta, California 92253 (Exempt from recording fees pursuant to Government Code Section 6103) (Above Space for Recorder's Use Only) Exempt from documentary transfer tax pursuant to Revenue and Taxation Code Section 11922 Exempt from requirements of Revenue and Taxation Code Section 480.3 (PCOR) pursuant to Revenue and Taxation Code Section 5081 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CATELLUS RESIDENTIAL COMMUNITIES, INC., [NOTE: VESTING SHOWS THIS ENTITY] a California corporation ("Grantor"), hereby GRANTS to the LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic ("Grantee"), the following described real property (the "Property") located in the City of La Quinta, County of Riverside, State of California: SEE EXHIBIT "1 " ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE SUBJECT TO: 1. Taxes and assessments. 2. All other covenants, conditions, restrictions, reservations, rights, rights of way, easements, encumbrances, liens and title matters whether or not of record or visible from an inspection of the Property and all matters which an accurate survey of the Property would disclose. 3. That certain Termination of Restrictions recorded in the Official Records of the County Recorders Office of the County of Riverside, State of California, on , 2000, as Instrument No. CAMy Documents\WPDOCS\AHAgrCatTermRcv.wpd Exhibit "A" Page 1 of 3 Amendment to the Affordable Housing Agreements Between the La Quinta Redevelopment Agency and Catellus Residential Group July 5, 2000 RESERVING THEREFROM: An easement in favor of Grantor and its affiliates, agents, employees and contractors, to access the Property at any time to the extent needed for Grantor to perform it's obligations pursuant to that certain Amendment to Affordable Housing Agreement for Single Family Residential and Affordable Housing Agreement for Senior Apartments, dated as of , 2000, by and between Grantee and Grantor's affiliate, Catellus Residential Group, Inc., a California corporation. IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed as of the day of , 2000. CATELLUS RESIDENTIAL COMMUNITIES, INC., a California corporation By: _ Name: Title: STATE OF CALIFORNIA ) ss. COUNTY OF ) On 2000, before me, a notary public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. am 66 ti 22 CAMy Documents\WPDOCS\AHAgrCatTermRev.wpd Exhibit "A" Page 2 of 3 EXHIBIT 1 LEGAL DESCRIPTION OF PROPERTY [Legal Description of SA Site, the Models and Conveyed Portion of the SFR Site to be attached] �vv 23 CAMy Documents\WPDOCS\AHAgrCatTermRev.wpd Exhibit "A" Page 3 of 3 ASSIGNMENT OF PLANS, PERMITS & REPORTS [List of Plans, Permits and Reports to be attached] C:\My Documents\WPDOCS\AHAgrCatTermRev.wpd Exhibit "B" Page 1 of 1 6 24 ASSIGNMENT AND ASSUMPTION OF CONTRACTS THIS ASSIGNMENT AND ASSUMPTION OF CONTRACTS (this "Assignment") is made this 28th day of April, 2000 by and between LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic ("Agency"), and CATELLUS RESIDENTIAL GROUP, INC., a California corporation ("Catellus"). VWIITNESSETH: A. Catellus and Agency entered into that certain Amendment to Affordable Housing Agreement for Single Family Residential and Affordable Housing Agreement for Senior Apartments, dated as of , 2000 ("Agreement"), respecting certain real property known as the "Project" (as defined in the Agreement). B. Pursuant to the Agreement, Catellus shall assign to Agency any and all of Catellus' right, title and interest in and to those certain contracts described on Exhibit "A" attached hereto and made a part hereof ("Contracts"). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Catellus hereby assigns, sells, transfers, sets over and delivers unto Agency all of Catellus' estate, right, title and interest in and to the Contracts, and Agency hereby accepts such assignment "AS -IS", without any representation or warranty of any kind from Catellus and without any recourse against Catellus. 2. Agency hereby assumes the performance of all of the terms, covenants and conditions imposed upon Catellus as landlord under the Contracts accruing or arising on or after the "Closing" (as defined in the Agreement). 3. Agency hereby agrees to indemnify, protect, defend (with counsel chosen by Catellus) and hold Catellus harmless from and against any and all liability, loss, damage or expense (including, without limitation, reasonable attorneys' fees) which Catellus may incur under the Contracts, and from any and all claims or demands whatsoever which may be asserted against Catellus by reason of any alleged obligation or undertaking on its part to perform or discharge any of the terms, covenants or agreements contained therein, to the extent such claims or demands are attributable to the period after the Closing. 4. In the event of the bringing of any action or suit by a party hereto against the other party by reason of any breach of any of the covenants, conditions, agreements, indemnities or provisions on the part of the other party arising out of this 665 25 CAMy Documents\WPDOCS\AHAgrCatTermRev.wpd Exhibit "C" Page 1 of 3 Amendment to the Affordable Housing Agreements Between the La Quinta Redevelopment Agency and Catellus Residential Group July 5, 2000 Assignment, then in that event the prevailing party (which for purposes herein, is the party obtaining substantially the relief sought) shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including reasonable attorneys' fees. 5. This Assignment may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. 6. This Assignment shall be binding upon and inure to the benefit of the successors, agents, personal representatives, heirs and legatees of the respective parties hereto. 7. This Assignment shall be governed by, interpreted under, and construed and enforceable in accordance with, the laws of.the State of California. IN WITNESS WHEREOF, Catellus and Agency have executed and delivered this Assignment as of the day and year first written above. "Agency": LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic By: ............................ Name: .......................... Title: ........................... ATTEST: JUNE S. Greek, Secretary City of La Quinta Redevelopment Agency "Catellus": CATELLUS RESIDENTIAL GROUP, INC., a Delaware corporation By: _ Name: Title: 6 6 ur, -- 26 CAMy Documents\WPDOCSWHAgrCatTermRev.wpd Exhibit "C" Page 2 of 3 List of Contracts (See attached list) 2. 3. CAMy Documents\WPDOCS\AHAgrCatTermRev.wpd Exhibit " C° 27 Page 3 of 3 RSG, INC. 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GUI.kD14N ACCCIS S' DAN MTOOKE 0411487.19) Cj� V S401d-0Gf9p z?2(r IRIUPIAII(I w 3 Y6TMA VIr LA iMA.1'C )C"A9EY FORAM 76W140•3. C I "W" W Y 14014,002 ' :A74� inI4,41TUNSYSTPM8 VIPLAupSCAYC CASEY4foR!)D► T M14031 C 0060110 Y 340HP-mlP UzI AABAOMIN& 1 1 :u ' t Alruar.Arzn LAnY11at vlr GANaI[APd CAStW $01j") 7ou940655 C +' ++a' Y l-o•oou. :1.1t 1:at,Ipst:Art;TLN.T1WOVIPLA"VCAPE VA.WY10pPN6[76M40.S54 C 00AM0160 Y A401,v-0)17 :)1: E.AM DSi aPF MAIMtiT u.W G'2 :55= C1TrlEksrltAJe113Nrt1l3 1:+: rwi419ttTl:k F1•Nctm6 PCt1 MARA6A94NP.Y nti;CA5A9 940,roo1•d44 C 5401 a-0OUSOD I CCNTPV .qv :tfOpAIAYfM•C• W—mC(trlluCr,t1wT1TEn,LWLPDTDW%0t'tA3)gAATtatL' w-WarrIN.N91PM"WC, r.Aa��om Mltaui� la ee wwrT2vt • t:;.:,ttpc�:•trdr..w+xrDtt�oluvtvTW+-v.1N51AgD•nao+twl0 ....n,:w..w•+w�.w 06-15-00 12:23 RECEIVED FROM:714 836 1748 P.03 RSIG, INC. ID:714-856-1748 PuASr: OFF -SITS:! La Qtduta A,partmelsis DATE:12/21 /WBCONTYtACTOR LIST Y"01-. T1tAM, SUBCONTRACTOR CONTACT "%)0) 1Ut:mvlition/R611etiialt COOLEY CONSTRUCTILEONZ �iS :r.o12 Rough Gradint Nuevo Enginaedn& Int. I Jett Thwon 2113lRettuninlr Walls 2031 Smitary St;wer V ct M Constru"ion 2032 Sconn ()Min V eA M ConBtrucdon 2U35 Welisitt: JH Thompson 2940 Water Sygtvf n% V & M Consfat0ion 1040 Water systerns••Jefferson Street. 2041 Water Njelcm Agency FeMastcil ',0,*-. Drainage Devices Z ir{ Joipt Trtjjohing V & M Construction I Steve Vatim ?n�i) T,ench:np�'(.;tiilty Jvlacade� ElaetrlCal Conan, doll» McCarthy 12.1 N -vi,ig COOLEY CONSIRUCTJOLLONAM i I. �;utb & Gotler Archuldte Conireto Constru Torrwv Archuleta 2173 �Sidtm-alktAyptoaches 2.i54 StreetLighting 714 Erosion Control Z217Isips(Borricad6s/Stripping Woad Aba fownt 12.2?.4 2727 TmMo Cantrol/Misc, '229 Repair and P.""Ve] JUN 15 ' 00 12 : 30 No , 00q P.04 PHONE NO wo-t'6.9 7601775.33 cry S401-0-10513 'TV345-177 C I Y S401.0.10500 Stree Vanor 760/347.393 C Y S401.0-10501 Slew Voner 7601347.393 C Y S401-0-10502 JH nampson 760/343.600 C P S401-0.10316 Steve Vattst 760.147.393 G Y $401.0-10503 110/347-393 C Y' 9001597-&34 C Y 76U/775-534 C Y 760.345• 872 C Y t •U• I05tla,-50 ;, 14i 10511 1.4.10E 12 1-0-10510 MUINiN 1 - CO)MLACT 1NPORMATIUN - C•SJONID M14TRACT. 71`41 P 17, KWLED TO $U9 FOR Sir:VATt.JU, W-WR!'Mre, ti N-AwAltueb NERDS TO BE %VRtrl' , • CQ1-UMN 2 - FNSUKANCK ir1POKMA7, f(Xq - Ys IINstMD, A•Y>:Nmo :rW��t 1'MbW xrau,n.awrJUr4wvlwM+a[taunn�..-_ 66-15-66 12:24 RECEIVED FROM:714 836 1148 P.64 RSG, INC. 3(i 14 3082 �117" 31(17 1125 3129 A4; 3144 3 1 ? 7 I tit 1 c+b I! '210 3no :,3C1 3303 3309 3324 337.7 z33r� j334. 33c7 330 I ?36:i 3388 3411 3431 34:32 ID:714-83G-1748 JUN 15,00 1-2:30 No-009 P. Mt') EUS & HL kSi UO;NTRACTOR LIST'-Oushe DATE:5131/00 TRADE CONTACT PHONE 14C t CONTFCACT O co,NcRETE FOUNDAT DESERT COMMUNTTIT DIANE WILLIAMS760/9454598 C Y S401.0.20500, -015 ') ERMIT CONTROL BUILI)VkS TERMITE & i RICHARD L£MER1714/085.963 C P S401-0-0152 CA1t?w'rRY - RmOs COUNTY LNE FRAMIN( B4.L DICKENS01 909/795-619 C Y S401.0.20501,-Oi CARPENTRY - ROUrd HICOUNT V LINE FRAMIN( BILLDI(;) ENSU 909i795-616 C Y s4o1-6-20502,-0I CARPENTRY - ROUGH COLNTY LINE FRAMTNI BILL DICKENSOt 909/795-618 C Y 8401.0-70S03, -01 BLECTWCAI. WIRTNG HEDGE IIIM "FloaE 760-775.697 C Y $401420511, -01 FIREPLACES MARC:ODTSIkIBUTING 5TA-NBASH 818f782.006 C P S401-0-20507,-015 k1EATTNUi -AC RCR RANI3Y 909/37)-y C Y S401.0-20508, •�J1: INSULATION WESTERNWSULATION SCOTI'KREMLING909r666.87 C Y 8401-0-?.0518, 015 S wEp 14OUSE C:ONN HOOD ICHRIS Hk'LLER 909-689.248 C Y S401.0.20505: -105 PLU%4BI.NG HOOD CNRIS ULLER %9-689-248 C Y S401-0.20504, -0IS . RO OF1NG RAINGROSS ROOFINC k]CK PEITIT 909/423.0.13 C Y $401-0-20506, -01$ SASH AND SCREEN ABC wTNPQW JOYCE SALAZ,AR 909.391.649 C Y S401-0-20509, --U15 TELEPHONE PREWIRE i CARPENTRY -FINISH GUY EVANS GARY 160130-129 C P S401-0,20517,0151 CLEAN UP-ROU01•I NIJNCARA'Y CONST �SAN'TIAGxONUNGi9OP-S49-137 C 'Y S401-0-20513,-015 DRl' WALL GRAND PACIFIC BUILD) DANNY BROWN 909-466-385 C P S411i-0-20510, -015 STUCCO SILVIikADU PX,ASTERP, JOE LEWIS 909/657-188 C Y 8401-0.01522 STUCCO PHS CONTR.ACT)NO N( DAVE 8000 760-863.383 G 'Y 5401420512 APPLIANCES WHIRLPOOL MARVIN FANZER 149/457-185 C Y PO CARINF."T"S CAViTAL CABINET MIKE ANDERSON 909,923.941 C Y S401-0-20514, .014 CL%R.AMICTILE RELECTILB 1,011IC11WAIITZ 1111401-997 C 'Y S401.0.01519,2052 ELECTR ICAL FIXTU MODERN ELWrfUC REX. STEINER 19491551.730 C P PO i ENC:LOSUPAS-SH01*1 LMl LARRY METHVIN 0001477.797 C Y S401-0-20521, O1 D, GARAGE DOORS ANAIRE11\4 DOOR MIKE BLANCRAR1714/719.191 C 1 S401.0-2051 S, -035 OARAGE DOOR OPEN OPTIONAL HARD'A'ARE PTNySH SEE 9205 M]RRORS LMI LARRY tALTHVIN 909/9A7.797 C Y $401-0-20522, 01r. MMRORED DOORS O TIONA! PAINTING MILMARK 18013 MILL.FIL 17101111-7211.0 Y $401-0-20S24,-019; COUNTERTOPS MA FICrAL CULTUPXI) MAI-CHUC:K CHAMEEP714/523-435 C V 9401.0-20$19, -015 TUb/sN0WP.R LASC0 SATHWARE DtANNA COX W01800-228 C Y S401-0.205I3, -015 CLEAN UP FINAL G krj CLEAN UP DAVIR GISSON I 760/345-4.49 C P I FLOORING - CAR11T 110I FIA10W BRENDA MILHAY1949193.300 C P S4(ii-0-ZU523,-DIS: FLOORING -CERAMIC FLOURING-RESILIRNT 114111 3� x8 R[1LLER SHADES 39Mf) MATLBOXfS +yn O\SiTf- FEN 0 j N-AW,4071) MUDS TO BE WRI7TEN MILHAY1949/393-3002 BRE;NDA 1.111-HAY1949/19-4-3002 STATE FENCLIDAVE HALT, j 9091788-5621 C { Y I3401-0-00522 06-15-09 12:24 RECEIVED FROM:714 836 1748 TUBE. V&WR EN,1 6� n P.9S POST -CLOSING WORK (See attached letter containing Preliminary Punch List) If J, Exhibit "D" 31 P.O. Box 1504 78-495 CALLE TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 (TDD) (760) 777-1227 May 23, 2000 Mr. John O'Brien, Project Manager Catellus Residential Group 4000 Westerly Place Newport Beach, CA 92660 Subject: Preliminary Punch List - Miraflores Improvements, Tract 28601 Dear Mr. O'Brien: In response to your request on May 15, 2000, City Staff performed an inspection of the Miraflores Residential Development Project, Tract 28601 and are providing the following "Preliminary Punch List" for your action. Phase I improvements will not be deemed substantially complete until all punch list items are completed to the satisfaction of the City Engineer. Upon substantial completion performance bonds may reduced to commensurate levels. Final acceptance and 100% release of bonds can not occur until all improvements required by the tract map are complete. • 1. Original mylars for all improvements shall be updated to reflect the as -built condition, or progress condition, and certified by the project engineer. 2. Utilities a. Provide evidence that demonstrates all utilities have been installed as indicated on the plans for lots 19, 76, 77, 75, and 57. b. Provide "letters of acceptance" from all utility companies. 3. Provide a certification letter indicating that all monumentation has been performed. 4. Provide unconditional lien releases from all subcontractors. 5. Miscellaneous work: a. A general clean up of the entire tract shall be performed removing all construction debris, including but not limited to, stock pile of dirt within the future senior apartment site, all concrete, broken A.C. pavement and block, and removal of sand build-up along the interior of the perimeter wall. b. All on site streets, gutters, and sidewalks will be cleaned of sand and/or dirt build up. i6. Avenue 48 Street Improvements: a. Correct site distance problem for traffic entering the project site from the left turn ' ' • pockets adjacent to both project entries (there are trees obstructing the driver's view of on -coming traffic). Plan revision approval from the City is required prior to commencing work. b. Raise sewer manhole to grade. c. Respond to additional comments and corrective items identified by Korve Engineering as described within Mr. O'Rourke's May 2, 2000 letter, attached. 7. Phase I Street Improvements: a. Install the final lift of A.C. b. Install stop signs and stop bars in accordance with the plans and specifications. C. Raise sewer manholes and clean -outs to grade d. Mark "S" on curb face for sewer laterals. e. Respond to additional comments and corrective items identified by Korve Engineering as described within Mr. O'Rourke's May 2, 2000 letter, attached. 8. Phase I Curb and Gutter Repairs: . a. Remove and replace 10' of curb and gutter on the southwest corner of.Miraflores and Silver Berry. b. Remove and replace 10' of curb and gutter at 47-905 Silver Berry and repair chipped gutter lip. C. Repair chipped gutter lip at 47-875 Silver Berry. d. Remove and replace 20' of curb and gutter at 47-870 Silver Berry. e. Remove and replace 10' of curb and gutter at 79-851 Cassia. f. Remove and replace 10' of curb and gutter on the northeast corner of Cassia and Silver Berry. g. Remove and replace 10' of curb and gutter just east of Cassia and Silver Berry. h. Remove and replace 10' of curb and gutter on the northeast corner of Cassia and Sumac. i. Repair chipped gutter lip at 47-815 Sumac. j. Repair chipped gutter lip at 47-750 Sumac. • k. Repair chipped curb at 47-810 Sumac. ..; rl. L Repair chipped gutter lip at 47-870 Sumac. It t4 33 • in. Repair chipped gutter lip at 47-890 Sumac. n. Respond to additional comments and corrective items identified by Korve Engineering as described within Mr. O'Rourke's May 2, 2000.1etter, attached. 9. Sand Filters a. Provide general maintenance to both Sand Filters and to inlets on line "B" and "D". b. Raise 2 manholes on "A" Street and one manhole on "H" Street to grade. C. Respond to additional comments and corrective items identified by Korve Engineering as described within Mr. O'Rourke's May 2, 2000 letter, attached. 10. Water Improvements - Phase I a. • Raise inline gate valves to grade. b. Raise fire hydrant valves to grade and paint fire hydrants. C. Raise blow -off valves to grade. d. Raise blow -off cans to grade. e. Respond to additional comments and corrective items identified by Korve Engineering as described within Mr. O'Rourke's May 2, 2000 letter, attached. 11. Construct and install the Well Site improvements on Avenue 48 as conditioned by the Coachella Valley Water District. The balance of on -site improvements, including the remaining street improvements, raising the remaining water and sewer facilities to grade, and the balance of the off -site improvements, including the construction of the City entrance monument, median island and median island landscaping on Jefferson Street shall be performed by others at the project's expense. Please complete. all punch list corrective items on or before June 5, 2000. Should this schedule present a problem, contact Nick Nickerson at (760) 777-7088 so the City can coordinate your action with the RDA contractual commitments. I , D. EER, P.E. Senior Engineer cc: Tim Mulrenan, Rosenow Spevacek Group, Inc. Nick Nickerson, Nickerson & Associates Dawn Honeywell, City Attorney Project File 34 �� Korve 1 Engineering May 2, 2000 John O'Brien, Project Manager CATELLUS RESIDENTIAL GROUP 5 Park Plaza, Suite 400 Irvine, CA 92614 RE: Miraflores Project, La Quinta, CA Tract 28601-1 "Progress As -Built Plans" 598060X0 Dear John, To accompany this letter, we have prepared "redlined" plan sets detailing the "Progress" As -Built condition for the above -mentioned project, as observed in the field. On Thursday, April 20, 2000, the following people walked the project site: John O'Brien - Catellus Residential Patrick Bird - Catellus Residential Joe Gross Jr.- Catellus Residential Daniel J. O'Rourke - Korve Engineering, Inc. Hector Guzman - City of La Quinta Howard Compton - City of La Quinta The purpose of the field walk was to observe the visible limits of construction that have been completed by Catellus Residential. We cannot attest to the quality of materials used, or the completion of subsurface construction, except as evidenced by above -ground appurtenances. The "Progress" As-Builts provide the limits of the existing construction; the City of La Quinta must decide what is acceptable. Per my discussions with Hector and Howard, there has not been a final inspection performed on - site or off -site, so there are no inspection reports or formal punch list items for resolution by Catellus Residential. Furthermore, we did not receive any redlined plan sets from Catellus Residential, and it is their contention that all construction that has been completed, is per the project plans. As we walked the site, Hector and Howard marked damaged curb and gutter that will need to be replaced, but as stated by Hector, it was only to be considered a cursory inspection. Hector and Howard stated that a final "bond release" inspection would not be completed until the tract is complete, probably because they do not understand how the tract will be completed. From our understanding, how the planned improvements will be completed is somewhat discretionary, based on the City's choice of a new developer, or entering into a monetary agreement with Catellus Residential. City staff needs to communicate how an interim inspection for all work completed to • 6 f� J A California Corporation With offices in: 290 North 'D' Street, Suite 504 Oakland Los Angeles _ 35 San Bernardino, CA 92401 San Francisco La Quinta 909-884-4777 San Jose Salt Lake City 909-884-2277Fax Madera Ranchos Denver o • Mr. John O'Brien As -Built Letter Page 2 1C Korve 1 Engineering date needs to be performed, and Catellus needs to call for that inspection. For the inspections, the City has stated that gutters will need to be cleaned to check for potential damage, and for hydro - testing gutter flow lines. In some instances, Catellus' contractors may need to be called in to repair or replace items under warranty retention agreements. With regard to the mapping, and for the benefit of readers of this letter who are not familiar; Tract 28601-1 was mapped as eighty-six single family residential lots, with remainder parcels set aside for future apartments or single-family homes, to be decided at a later time. A Final Map will need to be prepared and recorded for those "open" areas, as they are referred to herein. We have separately listed each plan set with major topics for each. For more detailed descriptions, please see the "redlined" sets. �hMA Dry Utilities - For this category, there are no "redlined" plans prepared by Korve Engineering, (KORVE). Catellus Residential has provided, and.we have attached, letters from Media One, GTE, IID, and The Gas Company which state that underground dry utilities have been placed and accepted, as well as red - lined plans from the contractors. Dry utility sweeps and stubouts have been installed, but the as - built utilities and hand holes will need to be coordinated with future meter pedestals and other improvements. The dry utilities were not within the purview of KORVE. Precise Grading, Models, Tract 28601-1 Z 5 • All three models constructed per the plan set. • Please see the Precise Grade Verification letter from Tri-State Land Surveyors, attached. We did not access back yards to verify the construction limits against the project plans for retaining walls, standard block walls and wood fences. Precise Grading, Tract 28601-1 10 S • Twenty-seven homes constructed per plan, combined with three models for a total of thirty. • See also the above -mentioned Precise Grade verification letter. • Several architectural "elevation" updates were noted on the plans, as sent to Catellus and the field office on 7-14-99. We did not access back yards to verify the construction limits against the project plans for retaining walls, standard block walls and wood fences. Storm Drain Plans, Tract 28601 340 • High Density Polyethylene Pipe (HDPE) was used an alternate to Reinforced Concrete Pipe (RCP). All storm drain manholes will need to be adjusted. to grade with the final lift of AC paving. • The Village Green sand filters were constructed in parallel, rather than in series per Steve Speer. We do not have contractor's redlines to transfer the information. Sand filter grates in the Village Green area fit poorly. Catellus' contractor is to replace them, as well as replace the existing "I" beams with galvanized rather than steel. 38`,, • Mr. John O'Brien As -Built Letter Page 3 1,C Korve 1 Engineering -----� The two storm drain easements as shown on the plans, (sheets 2 and 3), are not recorded easements. —T Standing waterwas observed in the sand filters. Sand was built up against the two desilting inlets in the open=graded areas, and should be removed. a� f Offsite Water Plans -Jefferson Street Z o Water valves in Jefferson will need to be adjusted to grade after final lift of AC paving is placed. • Per discussion with Mike Tanner of CVWD on 5-2-00, CVWD will take care of their own As - Built plans. Since the water has been energized, we can assume their facilities have been accepted. /lecd 1 t e r- of a.Cze p &NGe Onsite Water Plans - Tract 28601-1 I' All water valve cans will need to be adjusted to grade after final lift of AC paving is placed. • Per discussion with Mike Tanner of CVWD on 5-2-00, CVWD will take care of their own As - Built plans.. Since the water has been energized, we can assume their facilities have been accepted. — Reed le,�e r o,C a z eP-kr�e • Catellus' contractor constructed the copper water services to each lot, per plan. CVWD will not set the meters until they are needed. ll&v e A,, e, r,--S 6,ee/-L (v,,1or•? Some entire meter boxes in Phase 2 and 3 were missing. Some meter boxes in Phase 2 and 3 were missing their lids. • Two locations - future sidewalk may conflict with irrigation backflow preventers. Three locations - At dead ends, the valve cans and blow -off lids were not observed at - grade, per CVWD standards. • Water service to serve park site between lots 78 and 79 will need to be moved back behind the modified curb location, (modified by addition of sheet.5A to the street plans). Onsite Sewer Plans -Tract 28601-1 0 r----- Sewer manholes and cleanouts on westerly side of site appear to have been paved over. Sewer manholes and wet well in Avenue 48 appear to have been paved over. • ; All sewer manholes will need to be adjusted to grade after final lift of AC paving is placed. • Per discussion with Mike Tanner of CVWD on 5-2-00, CVWD will take care of their own As - Built plans. Since the sewer is operational, we can assume their facilities have been accepted. nt;c6 c cf--ePk-c rc..e_ v,--4•er • Sewer laterals locations are to marked with an "S" on the curb. These marks were not observed in the field. Rough Grading -Tract 28601 G • See offsite street plans for comments regarding grading along Jefferson Street. As a result of precise grading spoils and waste stockpiled on the future northerly apartment • area, it was difficult to ascertain final as -built grades. Rough Grading of all building pads done, Pad Certifications are attached. Open areas are 6 7'' 37 "so CC'>1'�SI(1�ra`p�� SOIVNd � �� --v,� 1 r1 PU uUy-t ck_pa4w"?- r4 o-rtx �� \e.C.S Mr. John O'Brien . As -Built Letter Page 4 1C Korve 1 Engineering in substantial conformance with the exception of above. Due to blow sand, the site may need to be surveyed to certify line and grade, if the City so desires. Offsite Street Plans - Avenue 48 and Jefferson Stree� s- • Existing striping has been left in place. Striping at. the project exits will need to be redone with the final AC wearing course on -site. • Fog Seal and subsequent final striping will be needed throughout. This includes stop bars and legends for site exits and crosswalks. • At least one sign on Avenue 48 needs to be installed, see sheet 5. • Rough AC patch area noted by Hector on Avenue 48, just west of Miraflores Boulevard intersection. • Inspectors to check sight distance for both left turns leading into the site for potential conflicts with landscaping. • Catellus was apparently asked by the City to pull off of Jefferson during CVWD's work. CVWD has loose AC backfill on their work. From curb line to centerline street, AC needs work. • Water valves in Jefferson will need to be adjusted to grade after final lift of AC paving is placed. • Formal inspection of public improvements should be performed by the City of La Quinta. • As noted on the redlines a portion of the as -built slope appears to be steeper than 3:1 • design, between sidewalk and curb. Onsite Street Plans - Tract 28601-'�S� • No erosion control measures �vefe observed at existing curb ends. • We did not observe curb markings denoting locations for sewer laterals, gas services, and electrical services. • Final AC pavement course and striping yet to be installed. • Street name signs in place. See sheet 1 for street name comments. • Westerly portion of site, (Phases 2 and 3) as denoted, has no sidewalk or pedestrian ramps; only curb and gutter. • Limits of constructed curb and gutter shown on; plans. • All driveway aprons constructed. At least one driveway appears to have been constructed in a location other than plan. We did not check every lot in detail, Lot 73 was noted as such. All valves and manholes will need to be adjusted to grade with final AC pavement course. • Dry utility sweeps and stubouts have been installed, but the as -built utilities and hand holes will need to be coordinated with future meter pedestals and other improvements. • Barricades and redwood headers were not constructed at the street dead ends per plan. • Some curb return stationing and elevation callouts were corrected, as they were staked during construction. • Mr. John O'Brien As -Built Letter Page 5 is • 1,C Korve 1 Engineering We trust these comments, as well as our "redlined" sets, will satisfy the needs of Catellus Residential and the City of La Quinta. Please call me at (909) 884-4777 if you have any questions. Sincerely yours, KORVE ENGINEERING, INC. 04Z Darnel J. ourke, P.E. Project Manager asbuirdtr.wpd xc: Nick Nickerson, City of La Quinta, (with bluelines) Ntij Tit�p 4 a v Q" COUNCIL/RDA MEETING DATE: June 20, 2000 ITEM TITLE: Continued Joint Public Hearing Between the La Quinta Redevelopment Agency, the City Council and RecreAction Group of Companies and LINC Housing to Consider Two Affordable Housing Agreements Between the Agency and RecreAction Group of Companies and LINC Housing RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 9 Continue the joint Public Hearing of the City Council until July 5, 2000. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Upon electing to terminate the existing agreements with the Catellus Residential Group for the Miraflores residential development, the Agency authorized staff to negotiate with RecreAction Group of Companies (RGC). The goal was to achieve an orderly transition of this project to a new development entity. RGC has agreed to assume the Miraflores development with no modifications to the site plan and building configurations. The agreements required to institute the RGC transaction, however, could not be completed until a termination agreement and a final accounting of the improvements needed to complete Miraflores was concluded with Catellus Residential Group, the current developer. Thus, staff is requesting that the Public Hearing be continued until July 5tn in order to finalize the Agreements with RGC and make them available for public review. C:\My Documents\WPDOCS\CCJH-RGC CC.wpd 1 U s o FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Continue the joint Public Hearing of the City Council until July 5, 2000; or 2. Provide staff with alternative direction. Respectfully submitted, -ry Horman mmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager C:\My Documents\WPDOCS\CCJH-RGC CC.wpd Oti