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2000 08 15 CCCALL TO ORDER ROLL CALL Council Members PUBLIC COMMENT Tjht 4 4 4" 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 Tuesday, August 15. 2000 - 2:00 P.M. Beginning Res. No. 2000-99 Ord. No. 348 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 LABOR NEGOTIATORS SKI HARRISON, MARK WEISS, AND JOHN RUIZ REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 - MEET AND CONFER PROCESS. 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (b) OF SECTION 54956.9 (ONE CASE) 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. II. PLEDGE OF ALLEGIANCE 001 PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. CONFIRMATION OF AGENDA APPROVAL OF MINUTES MINUTES OF THE MEETING OF AUGUST 1, 2000. ANNOUNCEMENTS PRESENTATIONS PRESENTATION BY ALAN ABELL, AMERICAN CANCER SOCIETY. WRITTEN CORRESPONDENCE - None CONSENT CALENDAR Note: Consent Calendar Items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED AUGUST 15, 2000. 2. APPROVAL OF TREASURER'S REPORT DATED JUNE 30, 2000. 3. TRANSMITTAL OF REVENUES, EXPENDITURES REPORT DATED JUNE 30, 2000, AND SUMMARY OF INVESTMENTS REPORT FOR THE QUARTER ENDING JUNE 30, 2000. 4. APPROVAL OF MODIFICATIONS TO THE CITY OF LA QUINTA'S TENTH ANNIVERSARY PLAQUE. 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR PERSONNEL/RISK MANAGER TO ATTEND THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY RISK MANAGEMENT CONFERENCE IN SAN DIEGO, CALIFORNIA, OCTOBER 12-13, 2000. 6. APPROVAL OF LOCAL LAW ENFORCEMENT BLOCK GRANT ADVISORY BOARD RECOMMENDATION. Page 2 00 7. ADOPTION OF POLICIES REGARDING CLOSURE OF STREETS TO VEHICULAR TRAFFIC. 8. ACCEPTANCE OF STREET RIGHT-OF-WAY DEDICATION - SANTA CARMELITA AT VALE LA QUINTA, UNIT 14. 9. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM OF BERG AND ASSOCIATES TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES TO SUPPORT ASSESSMENT DISTRICT 2000-01, PHASE VI IMPROVEMENTS AREAS A, B, C, D, AND THE PROTOTYPICAL STREET IMPROVEMENTS. 10. ACCEPTANCE OF PROJECT NO. 98-05, CITY ENTRANCE MONUMENTS. 1 1. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL 29736, POINT HAPPY, MADISON DEVELOPMENT, INC. 12. ACCEPTANCE OF PROJECT NO. 98-09, WASHINGTON STREET BRIDGE IMPROVEMENT PROJECT. 13. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 23935-4, CENTURY HOMES. 14. APPROVAL TO REJECT THE BID FROM GRANITE CONSTRUCTION FOR THE UTILITY UNDER - GROUNDING IN PHASE VI A - VILLAGE COMMERCIAL (MODIFIED) AND PHASE VI C - WESTWARD HO. 15. APPROVAL OF REQUEST BY THE CULTURAL ARTS COMMISSION TO UTILIZE THE COUNCIL CHAMBERS FOR THE CULTURAL SYMPOSIUM ON NOVEMBER 4, 2000. BUSINESS SESSION 1. CONSIDERATION OF JOINING AMICI CURIAE BRIEF IN SUPPORT OF THE COUNTY OF SONOMA IN COUNTY OF SONOMA V.S. CALIFORNIA DEPARTMENT OF FINANCE, 1 CIV. NO. A-089524, REGARDING ERAF PROPERTY TAX ISSUES. A. MINUTE ORDER ACTION. 2. CONSIDERATION OF COMMUNITY SERVICES GRANT REQUESTS. A. MINUTE ORDER ACTION. 3. CONSIDERATION OF RESPONSE TO THE PROPOSED BIG HORN SHEEP CRITICAL HABITAT BOUNDARY AND RECOVERY PLAN. A. MINUTE ORDER ACTION. 4. CONSIDERATION OF THE COACHELLA VALLEY RECREATION AND PARK DISTRICT PROVIDING SERVICES TO EXTEND THE SEASON OF THE FRITZ BURNS PARK POOL. A. MINUTE ORDER ACTION. 000 Page 3 5. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, APPROVING THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE FROM SUMMIT CABLE SERVICES OF GEORGIA, INC. (TIME WARNER) TO AOL TIME WARNER, INC. A. RESOLUTION ACTION STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 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. MUSEUM EXPANSION COMMITTEE (ADOLPH/SNIFF) 8. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 9. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE (HENDERSON) 10. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION 11. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) 14. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) 15. PLANNING COMMISSION MINUTES FOR JULY 11 AND 25, 2000. 16. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE MINUTES FOR JULY 5, 2000. 17. HISTORIC PRESERVATION COMMISSION MINUTES FOR JUNE 15, 2000. 18. MUSEUM EXPANSION COMMITTEE MINUTES FOR JUNE 28, 2000. 19. CULTURAL ARTS COMMISSION MINUTES FOR MAY 11 AND JUNE 15, 2000. DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS. 4. BUILDING AND SAFETY DIRECTOR A. MONTHLY REPORT FOR JULY, 2000 5. COMMUNITY DEVELOPMENT DIRECTOR A. MONTHLY REPORT FOR JULY, 2000 6. COMMUNITY SERVICES DIRECTOR A. MONTHLY REPORT FOR JULY, 2000 7. FINANCE DIRECTOR B. PUBLIC WORKS DIRECTOR/CITY ENGINEER A. MONTHLY REPORT FOR JULY, 2000 9. POLICE CHIEF A. MONTHLY REPORT FOR JULY, 2000 10. FIRE CHIEF MAYOR AND COUNCIL MEMBERS' ITEMS - None 004 Page 4 RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. PRESENTATIONS - PRESENTATION OF YMCA CHILDCARE FACILITY ART AWARDS. 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 ON GENERAL PLAN LAND USE ALTERNATIVES. A. MINUTE ORDER ACTION. 2. PUBLIC HEARING FOR CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2000-399, APPROVAL OF DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR SPECIFIC PLAN 2000-047, APPROVAL OF SITE DEVELOPMENT PERMIT, 2000-680, CONDITIONAL USE PERMIT 2000-050 AND PARCEL MAP 29791. APPLICANT JDD, L.L.0 - LA QUINTA COURT TO BE LOCATED ON THE SOUTHEAST CORNER OF HIGHWAY 111 AND WASHINGTON STREET. A. RESOLUTION(S) ACTION. 3. PUBLIC HEARING FOR THE REPEAL OF SPECIFIC PLAN 88-012 AND MODIFICATION TO THE TRACT MAP 23995, CONDITION #39, BY PROVIDING FOR THE REQUIRED BIKEWAY ON THE SOUTH SIDE OF THE WHITEWATER STORM CHANNEL AND PROVIDE FOR AN IN -LIEU FEE FOR THE CONSTRUCTION OF THE BIKEWAY TO BE LOCATED ON THE NORTH SIDE OF THE WHITEWATER STORM CHANNEL, SOUTH OF MILES AVENUE, WEST OF ADAMS STREET AND EAST OF WASHINGTON STREET. A. RESOLUTION(S) ACTION. ADJOURNMENT - Adjourn to the next regular meeting to be held Tuesday, September 19, 2000, in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92553. Page 5 005 DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, California, do hereby declare that the foregoing agenda for the City Council meeting of August 15, 2000 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin boards at the La Quinta Chamber of Commerce and at Stater Bros., 78-630 Highway 111, on Friday, August 11, 2000. DATED: August 11, 2000 JU �GREEK, CIVIC City Clerk, City of La Quinta, California PUBLIC NOTICE The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, 24-hours in advance of the meeting and accommodations will be made. Page 6 0 0 G Tit4t 4 4W Q" MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECTO DATE: AUGUST 15, 2000 SUBJECT: AMERICAN CANCER SOCIETY'S "RELAY FOR LIFE" PRESENTATION Pursuant to City Council direction at the August 1, 2000 City Council meeting, Mr. Alan Abell will make a presentation at the August 15, 2000 City Council meeting regarding the American Cancer Society's "Relay for Life" event. This event will be held at the La Quinta High School track on October 14 and 15. Mr. Abell would like to present a six minute video which will describe the purpose of the event. He will also be available to answer any questions the Council may have regarding the "Relay for Life" program. The City of La Quinta has received a request, via a letter dated July 6, 2000 to sponsor this event. The sponsorship request has been included in the Community Services Grant staff report to be considered by the City Council during the August 15, 2000 meeting. 007 Tjht 4 4 Q" COUNCIL/RDA MEETING DATE: AUGUST 15, 2000 ITEM TITLE: Demand Register Dated August 15, 2000 RECOMMENDATION: Approve Demand Register Dated August 15, 2000 BACKGROUND: Prepaid Warrants: AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 41997 - 42006} 429,617.06 42007 - 42037} 3,218.71 42038 - 420451 5,115.07 42046 - 420521 5,490.59 42053 - 42055} 8,355.33 Wire Transfers) 22,981.96 P/R 5428 - 5503; 94,205.00 P/R Tax Transfers; 27,778.96 CITY DEMANDS Payable Warrants: 42056 - 42186} 794,870.10 RDA DEMANDS FISCAL IMPLICATIONS: Demand of Cash -City V1 $1,391,632.78 $791,029.84 Lg.V.4�� , Finance Director $791,029.84 600,602.94 $1,391,632.78 %S4 CITY OF LA QUINTA BANK TRANSACTIONS 7/27/00 - 8/8/00 8/4/00 WIRE TRANSFER - DEFERRED COMP $5,681.65 8/4/00 WIRE TRANSFER - PERS $11,244.31 8/4/00 WIRE TRANSFER - CREDIT UNION $6,056.00 TOTAL WIRE TRANSFERS OUT $22,981.96 000 2 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:33PM 08/08/00 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK NUMBER CHECK DATE VENDOR NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 42056 08/08/00 &01142 HAROLD ARMBURST 50.00 42057 08/08/00 &01143 J F BRANCA 15.00 42058 08/08/00 &01144 CINDY CARR 15.00 42059 08/08/00 &01145 CORONEL CONSTRUCTION 250.00 42060 08/08/00 &01146 PATSY FRAZIER 35.00 42061 08/08/00 &01147 SHIRLEY HEDIN 25.00 42062 08/08/00 &01148 DOROTHY KINUM 25.00 42063 08/08/00 &01149 DOLORES MITCHELL 25.00 42064 08/08/00 &01150 WILLIAM OVERFIELD 25.00 42065 08/08/00 &01151 RAMAN PATEL 300.00 42066 08/08/00 &01152 ERICA THOMPSON 30.00 42067 08/08/00 &01153 ARLENE DAUGHERTY 55.00 42068 08/08/00 &01154 DENISE ECKEL 20.00 42069 08/08/00 &01155 SANDY FITZGERALD 10.00 42070 08/08/00 &01156 MAURINE HAMMOND 10.00 42071 08/08/00 &01157 KAY REVENEL 40.00 42072 08/08/00 &01158 CAROLYN SCHUE 10.00 42073 08/08/00 &01159 RICHARD VIRGIN 10.00 4.2074 08/08/00 &01160 KSL LAND III CORP 275.00 42075 08/08/00 AlRO01 A-1 RENTS 355.00 42076 08/08/00 ACE010 ACE HARDWARE 689.61 42077 08/08/00 AME026 AMERICAN ASSOC OF CODE 45.00 42078 08/08/00 AME175 AMERICAN FORENSIC NURSES 42.00 42079 08/08/00 AME200 AMERIPRIDE UNIFORM SVCS 105.67 42080 08/08/00 ASB100 A & S BMW MOTORCYCLES 19275.95 42081 08/08/00 ASCO01 A & S COFFEE SERVICE 82.00 42082 08/08/00 ATT075 AT&T WIRELESS SERVICES 371.37 42083 08/08/00 AUT030 AUTOMATED TELECOM 816.48 42084 08/08/00 BER150 BERRYMAN & HENIGAR INC 6920.00 42085 08/08/00 BRI100 BRINKS INC 275.40 42086 08/08/00 CAD010 CADET UNIFORM SUPPLY 278.65 42087 08/08/00 CAL013 CAL ASSOC PARK & RECREATN 145.00 42088 08/08/00 CAR050 CAREER TRACK 59.00 42089 08/08/00 CAR300 CARQUEST 77.27 42090 08/08/00 CDW050 CDW GOVERNMENT INC 694.19 42091 08/08/00 CIM050 CIMA COMPANIES INC 482.50 42092 08/08/00 COA030 COACHELLA VALLEY INSURANC 162.00 42093 08/08/00 COA060 COACHELLA VALLEY MOSQUITO 118872.45 42094 08/08/00 COA083 COACHELLA VALLEY WATER 302609.87 42095 08/08/00 COM015 COMPUTER U LEARNING CENTR 375.00 42096 08/08/00 COM020 COMPUTER PROTECTION TECH 2932.50 42097 08/08/00 COM030 COMSERCO 457.75 42098 08/08/00 COM040 COMMERCIAL LIGHTING IND 942.82 42099 08/08/00 COM047 COMMUNICATIONS CENTER 190.00 42100 08/08/00 COS050 COSTCO BUSINESS DELIVERY 1093.93 42101 08/08/00 COU010 COUNTS UNLIMITED INC 175.00 42102 08/08/00 DES013 DESERT COMMUNITY COLLEGE 109033.10 oio 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:33PM 08/08/00 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK NUMBER CHECK DATE VENDOR NO. NAME PAYMENT AMOUNT 42103 08/08/00 DES014 DESERT CONTRACTORS ASSOC 60.00 42104 08/08/00 DES018 DESERT ELECTRIC SUPPLY 813.95 42105 08/08/00 DES060 DESERT SUN PUBLISHING CO 306.67 42106 08/08/00 DES065 DESERT TEMPS INC 3371.00 42107 08/08/00 DES085 R CANTU/DESERT VIEW TREE 675.00 42108 08/08/00 DIE050 DIETERICH POST 128.89 42109 08/08/00 DII050 CHRISTINE DIIORIO 697.00 42110 08/08/00 DLO100 DLO ENTERPRISES INC DBA 2148.48 42111 08/08/00 DOU200 LES DOUGLAS 14.00 42112 08/08/00 FRA030 FRANKLIN COVEY 32.11 42113 08/08/00 GAR040 GARZA TURF & POWER EQUIP 64.91 42114 08/08/00 GAR005 GARNER IMPLEMENT CO 1242.76 42115 08/08/00 GCS010 GCS WESTERN POWER & EQUIP 80.99 42116 08/08/00 GSD050 GS DIRECT 158.29 42117 08/08/00 HAR030 TOM HARTUNG 405.00 42118 08/08/00 HAY053 HYATT REGENCY LOUISVILLE 359.55 42119 08/08/00 HER010 JERRY HERMAN 1318.00 4212.0 08/08/00 HIG010 HIGH TECH IRRIGATION INC 10746.29 42121 08/08/00 HOA010 HUGH HOARD INC 140.00 42122 08/08/00 HOM030 HOME DEPOT 557.58 42123 08/08/00 H00050 FAYE HOOPER 100.00 42124 08/08/00 ICB100 ICBO - COACHELLA CHAPTER 225.00 42125 08/08/00 KEL010 KELLY SERVICES INC 1751.68 42126 08/08/00 KIN100 KINER/GOODSELL ADVERTISNG 3366.35 42127 08/08/00 KRI100 BRUCE KRIBBS CONSTRUCTION 4640.00 42128 08/08/00 LAQ051 LA QUINTA CLIFFHOUSE 95.82 42129 08/08/00 LAQ100 LA QUINTA VOLUNTEER FIRE 468.00 42130 08/08/00 L00010 LOCK SHOP INC 210.50 42131 08/08/00 LOW100 LOWE'S COMPANIES INC 46.57 42132 08/08/00 LUB050 LUBE SHOP 61.14 42133 08/08/00 LUM100 LUMPY'S DISCOUNT GOLF 215.49 42134 08/08/00 LUN050 LUNDEEN PACIFIC CORP 16651.78 42135 08/08/00 MCDO10 MC DOWELL AWARDS 134.91 42136 08/08/00 MIC010 MICRO AGE 1777.88 42137 08/08/00 MOM100 MOM'S GAS STATION 1562.83 42138 08/08/00 NAW010 RON NAWROCKI 2000.00 42139 08/08/00 NIC101 NICKERSON & ASSOCIATES 7840.00 42140 08/08/00 OLI100 OLINN MESSAGE CENTER 82.59 42141 08/08/00 OUT100 OUTDOOR SERVICES INC 100.00 42142 08/08/00 PCC050 PC CONNECTION INC 319.20 42143 08/08/00 PCR100 PCR 31094.12 42144 08/08/00 PER010 RONALD A PERKINS 26.88 42145 08/08/00 POW100 POWERS AWARDS 12.78 42146 08/08/00 PRE015 THE PRESS -ENTERPRISE CO 712.14 42147 08/08/00 PRE050 PREVENTION 19.97 42148 08/08/00 PRI070 PRINTING SOLUTIONS 2909.25 42149 08/08/00 PUB100 PUBLIC PERSONNEL CONSULT 495.00 42150 08/08/00 RAD050 RADIO SHACK 21.83 42151 08/08/00 RAL050 RALPHS GROCERY CO 290.44 Oil f ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:33PM 08/08/00 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK NUMBER CHECK DATE VENDOR NO. NAME PAYMENT AMOUNT 42152 08/08/00 RAS020 RASA - ERIC NELSON 960.00 42153 08/08/00 RBF100 RBF CONSULTING 6522.69 42154 08/08/00 RET051 RETIRED SR VOLUNTEER PROG 3200.00 42155 08/08/00 RIV120 RIV COUNTY SUPERINTENDENT 59319.59 42156 08/08/00 RUT050 RUTAN & TUCKER 29394.06 42157 08/08/00 SAL150 DAVID SALAS 400.00 42158 08/08/00 SEC050 SECURITY LINK/AMERITECH 30.00 42159 08/08/00 SIM025 SIMON MOTORS INC 1292.38 42160 08/08/00 SIM050 SIMPLEX TIME RECORDER CO 1344.00 42161 08/08/00 SM0010 DONNALDA SMOLENS 194.25 42162 08/08/00 SOCO10 THE SOCO GROUP INC 78.80 42163 08/08/00 SOU007 SOUTHWEST NETWORKS, INC 1637.63 42164 08/08/00 SOU010 SOUTHERN CALIF GAS CO 15.78 42165 08/08/00 SOU100 SOUTHLAND GEOTECHNICL INC 1365.00 42166 08/08/00 SPRO10 SPRINT 674.08 42167 08/08/00 SUN075 SUNLINE TRANSIT AGENCY 55.00 42168 08/08/00 SUN080 SUNLINE SERVICES GROUP 618.41 42169 08/08/00 SWA100 AMY SWAN -DRAPER 77.00 42170 08/08/00 TAG100 TAG/AMS INC 45.00 42171 08/08/00 TKDO10 T.K.D. ASSOCIATES INC 10528.00 42172 08/08/00 TOP010 TOPS'N BARRICADES INC 33.83 42173 08/08/00 TTI100 TTI NATIONAL INC 7.73 42174 08/08/00 ULT100 ULTIMATE INTERNET ACC INC 20.00 42175 08/08/00 UNIO04 UNITED STATES POSTAL SVC 3000.00 42176 08/08/00 UNI200 UNITED RENTALS 528.19 42177 08/08/00 USO100 US OFFICE PRODUCTS 278.21 42178 08/08/00 USPO10 U S POSTMASTER 100.00 42179 08/08/00 VER010 ROMANO VERLENGIA 58.78 42180 08/08/00 VER050 FREDRICO VERDUGO 400.00 42181 08/08/00 VID050 VIDEO DEPOT 15.00 42182 08/08/00 VOG050 CHRIS A VOGT 272.50 42183 08/08/00 WAL010 WAL MART STORES INC 173.19 42184 08/08/00 WES009 WEST COAST TRANSPORTATION 420.00 42185 08/08/00 WIL010 WILLDAN ASSOCIATED 2052.38 42186 08/08/00 XER010 XEROX CORPORATION 421.49 CHECK TOTAL 794,870.10 �l 0 z N M c N t0 r m m O N H E+ Z O O CD O m U H o w F o 0 0 0 0 o O o 0 0 0 o O (7 rl m m m m ao ao m m m ao m m m W a p F F F H El E. E+ F E E- C) 0 o O o M o O o 0 0 M F O O O O O O O O O O O O (D z E. 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V Z N a > z W O H z co a >4 a a a > a a a E a a (D a Q a Q a Q O Q a Q x Q w Q ❑ Q z H CL H E-E H x F Q F+ E O H [++ F H H O O W O O O O 3 0 O IL O O a O U F F O H O H El H u) E. H Hx H ElF H aL m m w Q: m a El a (a. O: � fZ cn m z O > H EQ W W O ❑ m W O ❑ W (3 O ❑ U D O ❑ cn O W ❑ a O ❑ w H W H O ❑ r� F O ❑ x U 0 ❑ U O ❑ z U a a a z z z a 2 z Z O z Q Z a a z z z o: z H cn W CL of W H W W W F+ W W W Cu W w a W O+ W z w W W W a a a > cn > a > cn > ❑ > Q'. > IL IL > H > Q > z > ❑ D D D D H z H H D D a a O w w (o co u) m E > Q cn co E. a F U W m m am N m " ❑ pL N N m m in M Ln l0 O w a a to �o a M O m > i > In rn rn M p O o O m z Z£ E£❑ rn N o N H ❑ �"� O CQ m m 01 m m N N M H Z r-I - - O m m M to r ❑ p p p u) m rn Lr) o d < D W tp a 1 O H z .--I O O O O 0) O O M m O r N W O O O O m O O N N O C O LO m O O O O LO O O m m O Ln m E D N M Z 0 O C. O v� v O O M (D O CDO ) O H z N N m V' m D N to O Lr) Ln Ln O in Ln Ln u7 Ln u) O N H V' N N c m m N m --i Q o 0 o O o o O o 0 0 O o O z O H H a F m E. El(n U Z U Z a O ❑ o H H H H H W k7 z OLO D D D cn cn z a W ❑ ❑ ❑ a E a z u a a a H w a H 0 0 F+ I LL LL CL cn W H u H El cn O > O [n u)cF W E. W W W O a W a Z U U U El-F O W E El a O Q D Cu (u [z O O H ❑ a cZ rz O Z U Q a O O O a ❑ w �+ E+ a O a s O M E w ❑ x a s U a a a ❑ M M M O o: x Q a w H w m E+ w z W D D D D a fy > U 3 3 3 3 X z O > p O o O o p o o O o rn o 0 D p O o Ln U-) cn ,-c o O >+ o p p C. O O O o p o U E+ O O O n� 0: a ❑ (D a a m a a U I-4 cn cn co cn w W H O a Q W H W Q U D D D D > > > > 3 3 3 3 X 027 20 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.*** 42053 08/07/00 GTE010 GTE CALIFORNIA 42054 08/07/00 IMPO10 IMPERIAL IRRIGATION DIST 42055 08/07/00 MIS100 JACKIE MISURACA CHECK TOTAL 09:36AM 08/07/00 PAGE 1 PAYMENT AMOUNT 3245.61 4179.72 930.00 8,355.33 028 21 H O F+ Z O 0 r 0 x co U C7 O U 0 0 U 0 U u 0 O W E XXX £ £ £ £ £ £ £ 0 < W W W W W w W w w W £ a m El E. F E-F F E E-F E-F F F v N M to N H 1p M H al O a1 E N r l0 r O o Z F W Z N a1 M al O c Ca c T O £ O M N m N M i O M m r H M r m N N a n rn o v r M N ri al M C' £ w O F:C < U < £ O O > > > > > > O Q O W H Z E U7 Ul Ul Ul u] E > F+ F O " O. H > > C U U U U U U a < a o H F m m o H H H . H H O O > cz a ❑ x x x x Dz rz ❑ a❑ H W H Z z w U U U U U U w >r� W > � a x S> w w w w w w> CL' H W W W W W W w w El W W clj H❑ rx �a � r m m m ai m m o w N rn N a a a o 5 a > I > m o o O O O O O N Z z £ cy) O M H H H H H M H ❑ H ❑ .--1 V' C' Ci. a a a a - H Z ❑ r > > > > > m H x a z w ca m w m a I O o w E IZ M O O a• N m N N M o w ID O O .o M M No m w la O O 10 la ID �a l0 w N O £ Z M M M N N N N N O M la l0 l0 tD la la la t0 la r-I F Z V' M M <T V O O � N N to n to n N to n tV' !') la o O O V H r a V C V C O O U FL o 0 o C. o 0 0 0 0 0 F E+ H F F F H H H H H H ❑ ❑ ❑ ❑ ❑ ❑ O O O O O o O H H H H H H O E F F F E EE LO a, I a P a a a a a a a 5 O O H H H H H H W E.O H a z H H H a a a a a a £ ❑ Q' u H H H H H H w >1 a U U U U x w w w w w w x W r.� O w W W a a a a a QL U a ❑ F 0 F (D F U) £ F-1 £ H £ - £ H £ 1--1 £ H < �j FW W Z O > O O O o o 0 (D o o O O» O O O o O O O O O .--i U E+ W w W a !L aL a, CL a, cn U" F F E-E £ £ £ £ £ £ H < U C.) O UI H H . H 020 22 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.*** 42046 08/03/00 GEN100 THOMAS P GENOVESE 42047 08/03/00 INT005 INTERNAL REVENUE SVC-ACS 42048 08/03/00 LAQ050 LA QUINTA CITY EMPLOYEES 42049 08/03/00 RIV040 RIV CNTY DISTRICT ATTORNY 42050 08/03/00 SUP100 SUPPORT PAYMENT CLEARING- 42051 08/03/00 UNIO05 UNITED WAY OF THE DESERT 42052 08/03/00 WEL025 WELLS FARGO BANKCARD CHECK TOTAL 3:33PM 08/03/00 PAGE 1 PAYMENT AMOUNT 75.00 50.00 377.00 493.00 150.00 150.00 4195.59 5,490.59 030 23 Z r m m O - N O E. Z O O M O \ H x m U C7 rn rn of rn rn O W F £ 0) 01 01 O\ (n £ £ E E m 01 0) 0) m W W W W w W W W m F E-F E E E. H E F F F. F F. rn r-I O O O O O O O O N \o �o Ln M E O C. O o O o 0 0 Ii Ln N M Z E W z ttl O r M o o c o m c c c E D r Ln r O1 Ln u) tD r H O O M N O M v '-1 ,-I •--� N U1 w to O Fy N W �i O O O O O O 01 O O O O O O U] U Ln to o D r ❑ M w o o < r Ln ❑ r rn D Ln Lrn rn a a M > v U) r H H Ll. H Wx FC a Q 3 x ci x x x H U H H w o a z .4 a s a s a s H a a Z F E C7 E a E (7 E C7 H D E E. 0 O I 0 I O I 0 I O I O 0 w W H nE L) a 4J x " a 4J a 4 a 4.1 a (f) u) u) cf) u) a O H O rn O rn o rn O w 0 w 0 C7 C7 u U 0 O > or (n ❑ •H ❑ .i ❑ •-I ❑ .� ❑ .i ❑ z Z z z Z cc ❑ z U z z ❑ z ❑ Z O z ❑ z ❑ z H F-I H H H W Z ri u) O W W W w W w F E E F H H W w N> a> a> a> a> a> w w w w w cL > W w a a a a w v w H O C O W > I > m z z E I-4 ❑ H D H z � x a z a F�4 m w m a I O 0 w F 7, O o o O o o O o O O O O W O O O O O O O O O O O O m O O O O O O O O O O O O E ❑ �`•� �`'� ri •� Ln r r r r r Ln Z O N N N N N M M M M M ul F r N N N N N w ID w lD ID m Z O O O O O ri N M N in N O O O O O O O O O O O O O oU O O O O O i M m U r-I r-1 ri .--1 ,� '-1 '-1 r-I r-I Ln ID ri r.� O o 0 0 0 0 0 0 0 0 0 0 N I r� w O H W I Y F CZ U O E rL W ❑❑❑ O❑❑ m w ❑ a a a a o co W U U o W x x x `.U4 x x x an W O H E F z z Z z Z Z a °z > H E. w m m ro m m m ° a U r 0 0 0 0 0 0 F o z H z w w w w w m a ❑ >. ot u o w cn m cn RC E W O W E a a a a a a 0 O O H > m H a a a a a a a ❑ x z r( H D Z W W W W W W co w W F H a a- vl ❑ 3 3 3 3 3 3 z O > o to o o Cl Ln Lrn Ln Ln ,n un uo O O O Ln c O O N N N N N N O O O O •--1 O C. O O O O O U F. z E OI > a H a a a a a a U H W z < H D z W W W W W W < U U H a Qr u) D 3 3 3 3 3 3 ON 031 24 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.*** 42038 08/03/00 APA100 APA 2000 REGION VI CONF 42039 08/03/00 CAL225 CAL DEPT OF TRANSPORTION 42040 08/03/00 COA080 COACHELLA VALLEY WATER 42041 08/03/00 ELRO10 EL RANCHITO 42042 08/03/00 GEN100 THOMAS P GENOVESE 42043 08/03/00 IMPO10 IMPERIAL IRRIGATION DIST 42044 08/03/00 LEA015 LEAGUE OF CALIF CITIES 42045 08/03/00 PRE030 PRESERVATION CONF REGIS CHECK TOTAL 10:35AM 08/03/00 PAGE 1 PAYMENT AMOUNT 760.00 3000.00 52.52 237.43 57.77 7.35 650.00 350.00 5,115.07 O 25 zz .-i N M v Ln �o r m a)a O E.z 0 0 M 0 m U C7 f7 U O W E+ £ £ £ £ £ £ £ £ £ U a w w W w W W W w w £ a m E+ F. F F E E E. E E-E N O O O N M r In O O r O E 0 0 O In v r M O O 0 z E w z o 0 o N r r r o O In £ ❑ m m O In M In In In H �+ O M M O N to M H rr M a � O O N M r In o 0 O O In c r M o 0 O O o > o N r r r a o o a H H to $ O In M In 0 In In F[ r x o N io M 0 0 W < z 0 H H W z E+ 0 o a a E x ❑ z w z x 11 11 a o E z z a 0 a a z a m a a a s h a r < a aC 4 H< U< a w< < a z E E E E H z E U E+ ❑ EF Z E Cl, 0 o a 0 O w 0 H O > 0 z 0 0 0 W H W W E W F. F W F E E+ U) E+ W F H E x a £ x H 04 a w > a [L' W Ix U (x f1: rF� QL o ff h h 0 1:4 O U) 0 a 0 £ O H O E 0 u: 0 > Ix \ \ ❑ a, ❑ ❑ H ❑ 11 ❑ fx ❑ -, ❑ F ❑ H U) H H w ❑ w W W z W £ W U W H W H w W C7 0> Z> E-E > O> H> W> 0> U> I ❑ W w FC4 < O W a w W U) x Ix a 3 U a w a cr ❑ w �+ H H ❑ x M O P, 0 W M N z I cli z E m m H ❑ H => \p H I H z O O 0 ❑ x D In E a z a a m w I 1 0 0 w E. a O O O In o o In o 0 W o 0 o r 0 o r o 0 O O O lt) O 0 to O O O r r In M r r M r r z M M fT m M m m M M F z H N to M H N M H N ❑ O 0 ul O O O O O O O v c rn a) H v U H H H In In H H < o 0 O c 0 O c o 0 (N N H r-1 z El W W O U) U) O 0 E-E W ❑ w C7 z F a M H H a,, 3 O >> U) W U w w o o w a > 0 H F C 7 0 < z a < z a a E. > E. U O F H W a a z o o E m a a o a Co H O 0 04 a U < > N a cN f04 0 a 14 o ix W w O Q rl aC a Q 0 a a w a ❑ w a o a x £ w a cn E Cu z W aKc U U W F H a W z O > O O In O 0 0 O In o O O O N m H O H H M O >+ H H N O O H O O O U E+ r1 FC .] < a Z cw < W U H a s r.0 0 a W E W Ix < U < FC U U W u H a fL 033 we ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:32AM 07/31/00 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.*** 42007 07/31/00 &01141 YOLANDA GIBSON 251.00 42008 07/31/00 ABE001 JAQUES ABELS 150.00 42009 07/31/00 BOB100 BILL BOBBITT 50.00 42010 07/31/00 BUT010 RICHARD BUTLER 150.00 42011 07/31/00 CUN100 DENNIS CUNNINGHAM 50.00 42012 07/31/00 DIA100 DENISE DIAMOND 50.00 42013 07/31/00 EMP040 EMPLOYMENT DEVELOPMENT 145.44 42014 07/31/00 FIL100 GIA FILICE 50.00 42015 07/31/00 HEN010 MICHELLE HENSON 50.00 42016 07/31/00 INT012 INTERNAL REVENUE SERVICE 793.72 42017 07/31/00 IRWO10 JOSEPH IRWIN 50.00 42018 07/31/00 IRWO20 BARBARA IRWIN 50.00 42019 07/31/00 KIR010 TOM KIRK 150.00 42020 07/31/00 LEW010 TOM LEWIS 50.00 42021 07/31/00 MAH100 CYRILLE P MAHFOUD 50.00 42022 07/31/00 MCM210 LESLIE MCMILLAN 50.00 42023 07/31/00 MIT150 MICHAEL MITCHELL 50.00 42024 07/31/00 MOU100 DONALD J MOULIN 50.00 42025 07/31/00 NAT025 NATIONAL NOTARY ASSOCIATI 178.55 42026 07/31/00 OLA100 MILTON OLANDER 50.00 42027 07/31/00 OSBO50 LEE M OSBORNE CPA 50.00 42028 07/31/00 PUE050 MARIA L PUENTE 50.00 42029 07/31/00 REB050 JOAN REBICH 50.00 42030 07/31/00 REY050 ELAINE REYNOLDS 50.00 42031 07/31/00 REY055 FRANK R. REYNOLDS P.E. 50.00 42032 07/31/00 ROB150 STEVE ROBBINS 150.00 42033 07/31/00 SHA040 ROSITA SHAMIS 50.00 42034 07/31/00 STJO10 VICTORIA ST JOHNS 50.00 42035 07/31/00 TYL050 ROBERT T TYLER 150.00 42036 07/31/00 W00050 STEWART WOODARD 50.00 42037 07/31/00 WR1050 ROBERT S WRIGHT 50.00 CHECK TOTAL 3,218.71 03 27 Z H to H V O ul C' O N N M M 01 1:4 H N N H 0x O E1 z p O H M r U U 0 U 0 C� t7 C7 C7 c7 O C7 C7 C� p W F £ £ £ £ £ £ £ £ £ £ £ £ £ C7 a w W W w w W W W W w w w w £ a< m F E.E+ F F+ E.E+ E.F ElE+ F E. v O O O O O O v O O O N O O O E O O O O O O 1n N O O Z E W z H O O O O 0 ul O 0 H N O 0 £ p to Ln to ul Ln Ln v� Ln to l0 M to in i+ O N a a O O O O O O 7' O O N O p o o p o O v o O r O 14 o o o £ o o Ln a o o x x m a cm)£ £ Ln LO Ln L a L U r, a s 0) a Ln z El N£O .-� O ~ Om z El H r O O F m .] U £ £ a .7 H U a u W 0 £ a £ U U m > a z n z a E o £ H H o a Cu E. a E+ U O to O ❑❑ W £ U £ to U H U W W H cn E .4 .7 u) a a ❑ a a a > a a ££ a > a w H a £ a ❑ a £ a z a u a cf) a ❑ a U a a ❑ a a z cn H £ F Z F £ E a F E+ F W E+ a F > E a s E+ 0 O O O 0 a o O 0 a o x 0 x 0 0 O U U O o W H 6, F U F+ .] F U H E+ < F a F F F+ F H H H E F .7 U E W -1 F E+ z >+ E. 1. Z a H O CL H ❑ w O o Z z O H U f1: O Ow Z O U w z 0 14 rt 0• O .4 a O w £ w O E+ H (4 O \ .4 ll oL O w £ aL O U H > z ❑ ❑ H ❑ W ❑ H ❑ E ❑ w ❑ .7 ❑ E ❑ Z ❑ ❑ E. ❑ w Z U z z z z F z Z Z H Z ❑ Z O Z u) z o z n: u: z cn Z O H En 0 W Z W x W Z w x w F+ W z W w W £ W W W w W W E w w > a > U > a > U > a > N > > > £ > ❑ ❑ > > > m ❑ w a x a a : a z 0 w w z H co w w x a a a a U a H e H x U w p o O o 0 0 o M M o 0 H ❑ p: O O O O O O O v v' O O O W O O O O O O O O 0 O O > I > £ N N N N N N N v v N N H❑ H O a a a a a a .a M M H z ❑ ❑ ❑ ❑ ❑ p ❑ Ln Ln 0 ❑ N .Y. a z a a m w m a I o o F+ 0L O O O O 0 O O O O O O O 0 W O 0 O O O O O O O O O O O m o o p p o O o p O 0 0 0 0 O mOl 01 m N 01 Ol 01 M Ol 01 Z �o w 0 0 0 C 0 0 0 o ff o 0 E. N in Ln cn �n Ln N Ln �n N N U) Ln z o 0 .-a 0 0 H .� 5 O O O O O in O in Ln O O Ln O O U O v' c a' T N O H N O O H V [) a O O O O O O O O O O O O O W W U U E H H Z > > W a rz £ w w fn V) M O c) O 0 a w w LO w z a U❑ > O z z H O O m U) F .w7 Z > > Z a 3: a H W H a z F W a a 3 a w E U m m m ❑ H z U z H �] z a m U ❑ w H W m H m fx u) w >+ H 4 Z Z x �+ a Z w w x a a a m a z .4 w w m m w a o a Ol a O z z w a U H F to x .7 ❑ O a H H w w £ H H z z 0 a u) H w Z W ?+ h m (x ❑ ❑ W C7 £ H H h m Z O > O O O N N O O ❑ v O Nam\ O S H 0 O H H O H O O O O C) U Hp o D CU .] Z E.F S 3 - M H a a a U w a m mu ❑ w w x H H a• z O r .--� In N r N �o W V' N H N N lc N O N M r O O E+ Z M r o N w. u U E < C7 £ W U £ W C7 £ W U £ W C7 £ W (D £ W C7 £ W 0 £ W C7 £ W U' £ W C7 £ w U £ w £ c a m E+ F E+ H H F E F E+ E E+ E-F O E+ O O O O O O O O O O O O u) u) O O O O O O O O O (D ,--� Z W F Z O Lr) O O LO O LOLn O O Ln m r O Ln O u� O � O u ) o a Oo � ~ o 0 0 o 0 o 0 0 0 0 o 0 O 0 LO LO o o 0 o 0 o 0 0 o Ln.� LO o m Ft O o x Ln < O o u'> C7 z 0 Lrn z O o Ln a r.� O o u'> a r.� Z m a r < O o � x a O o Lnz O 0 N 0 z 0 ul C7 z m a m a E £ E > O E. E+ £ E. £ z F O m O m £ £ o a w a o u) \ a a o m a O � > a w £ £ o £ £ o a !S £ £ a FC > C] a > < p a u) a w r� x a r� > p a w w a > a p a RC > p a w RC a a Q U a RC U) z O E O £ O E-E O < E < O E O E a E+ CL O E O FC H O \ p E+ O O F CL O E+ O > V) H F+ O fY W U H a E+ U E+ F z E+ F z E E. a a F F z H z o F F z F F z F a El r E rl O > H fx O p C7 Z w O 0 w £ W w O £ z O a z U O H fk O w £ 7. O m Ix w O £ m O w £ a U O a O E+ H a a O Ft z CL' U z H Z Z E1 cn p E4 z cn p Z p p a Z O q z E. m p Z >a a p E. Z m in z El cn O z z O p z z a 0w Z o H u] p W > z a w > W Z W w > Z W > E .4 W E. > H W > w W > < H w w > > w > w > w E+ > V) w > £ £ W F > a u) w Cu w H H U x Z H O Z z H Z H H x O U p U U H W p CG o O O O o O 0 o 0 O 0 o ON 0 O cD 0 O 0 o o O o O O O Z I Z £ N N N ON ON 0 N 0 N 0 N H p H H O z a O �i a O h a O h a O h a O h a O h a O h a O h a a h a O h a O h a z m w In 1 a o O E. w x w 0 0 0 O o O O O o 0 o 0 0 0 0 0 0 0 0 0 0 O 0 0 O o 0 o 0 o 0 0 0 0 .rJ z El 01 O LO Ol O u"1 Ol O u) Q1 O u1 Ol O u1 01 O LOl0 to O Ol O in Ol O U"1 m O O O1 O LOu) o 01 O z 0 O U o Lr) u, u- o Ln O LO U FC O O O O o 0 o O O O O o El a H U O M O o p a Q w a,O W H � Q. F a U w W E a i H o £ o z 0 z a z x m z w x o a m z H a 3 w u £ £ a h a z O m o a a m w a r > a x a a H H a w z o a o z o £ a z w F a Cu o z 0 E" o E+ N U a u £ z 0 H z a E w a a O a Z O O > o H 0 .-1 0 O C. o � o In o o O c) OU a E, U a z 3 x z .--I £ E EH-+ E C. E N F z O H 14 O u7 o m O LO 0 w a Lr) 0 m z 0 N W 14 W. 2q N F+ Z O O H h � (Y) z CD E. E E z g CD F W Cl F F F F F F a v 0 0 0 O o 0 0 O r+ F z F O O O O O O C. O O O O O O OO a 0 0 0 0 0 0 0 0 0 O 0 0 0 o O o O O 0 C. CD CDq .n E Ln .n C7 .n C7 uO Ln C7 .n Z Ln O O F ElZ U £ x £ F+ U OU El U En a o a a a � a V a s O 0 0 0 0 a 0 a u>i OE 0 0 a 0 0 W �-+ H a E U E. E-+ E+ U E ry F a E+ " O CH, �-+ a O U O Z O FC O H u O Z z O a r.0 s O U a > ❑ W ❑ H ❑ w ❑ z ❑ " ❑ w ❑ rx ❑ Z U Z E Z Z Z O z O z Z Z D Z O Z � U) W x W Z W H W E W Z W H W E-F W m W r,. a a U U a U z H o cti 0 0 0 0 0 0 0 O O O O o Z I z £ N N H ❑ H ::) a a a a a a a H Z O 5 O O O O O o x h h h h h h h rC z Cl W Ci a 1 O O E. E rY o 0 0 0 0 0 0 W O O C. Cl O O O o 0 0 0 0 0 0 ❑ rn rn rn rn rn rn rn Z o 0 0 0 0 0 0 H un u') Ln .n .n Ln n Z 0 o O Ln .n C. un o O v' V' N (N C (N v' U FC O •-1 O e-1 O r-1 O f-1 O '-1 O -1 O ri W w o U) U) (D ❑ Z LO a ❑ E a, a z z H ° W a iza a ❑ H W H vi F 0 m a£' acc z x U H U) CQ H O4 a H �C (Z H a E+ O z > H H W 3 W a a a U E r-4 Z W !u > uFi a z 0 > u) 0 0 0 0 O O q In ll'1 C 'i 0 F C.rl O CDO o 0 a a o a a m U) F 3 3 r 03, 30 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.*** 41997 07/27/00 AME075 AMERICAN RED CROSS 41998 07/27/00 COA080 COACHELLA VALLEY WATER 41999 07/27/00 GRA010 GRANITE CONSTRUCTION CO 42000 07/27/00 GTE010 GTE CALIFORNIA 42001 07/27/00 GTE020 GTE TELEPHONE OPERATIONS 42002 07/27/00 JOH040 KERRY D JOHNSTON 42003 07/27/00 SEC040 SECRETARY OF STATE 42004 07/27/00 UNU050 UNUM LIFE INS 42005 07/27/00 VAN150 MARCIA A VAN OSTENBORG 42006 07/27/00 ZAV100 JUAN ZAVALA & MARIBEL CHECK TOTAL 11:53AM 07/27/00 PAGE 1 PAYMENT AMOUNT 25.00 77.35 418967.50 47.40 511.15 647.30 40.00 1590.96 7222.40 488.00 429, 617.06 033 3� y M l0 C U-) r CO (ON C)r-1 zaas O ~ F+ z O O r N r O fy W C7 W U E Q W C'J £ W E C7 £ W F C7 £ W E (7 £ W E. C7 £ W F C7 £ W F C� £ W H U� £ W F C7 £ W F C7 £ W E. C� £ W H c N H z E-E O O o O Ln M C. Ln O aT Ln r-I o M O O w Ol O v CD O l0 O w £ i Q z 0 O in N W m U7 r l0 01 OD r c ti rl Ln r V 0 O c O m Ln N N N r OD OD c r N 0 O O C Ln M O n 0 c Ln ,-a O M O O l0 ON O c N O c O ui N r r N o r 10 rn r v r, .-1 Ln Q a, a r v �D O H E+ O - o m LO a Q N z N p CD a co Q c F m w Q a r O W [+ W U H 0" > z H z O H E CL a o to W 0 0 a U z O H F Q U Ho C. H E a W U a Q F. O E+ a 0 z w > U >> mC() a W E+ Q< 3 U a W F 3 rn m h a a Q E F O Un E+ z a 0 O cn 0 a z w W W > [i W h e s Q E. O F+ a O 0 z w > U > COO w z 0 x a a Q E-E 0 E+ a 0 z W > W H W z O = UL E w z a W E z H a Q E+ O E a o 0 z w > >O F £ U) Un W Un Un Q 0 z D fs. W a a Q E. O H a 0 0 z W > H W o H a CO O W ?i a Q H O z W a z Q H 0 0 Un F z H a 0 no 0 H z a W \ > 0 E+ Un a Q H o E a 0 z W > � O m G+ a \ a a Q z H Ga a F z a a Q w E+ U7 O Qrt E a 0 a E. o coo 0 \ z In w £ > H w a E F z s N Q Q E A. O F a 0 z w > I 0 U H O> H 0 H W 0 I 0 H Y > H a CQ 5 Z O O l0 0 r O tO O O w 0 O t0 v' l0 N r r M M Z ot W v O M c CD ID O O 01 ao O O \ CD M H 6Qi m j 0 Q z a Q m w w a I o 0 w E a W EO O O O O O O O O M in LO O O O r O l0 O O O O O O O O O O O O O O O 0 Z F r M H M l0 .--I M �O m O W In M w Ol O l0 w w N r M l0 D> M N r-i O N Ln 0) l0 z D 0 N Ln M Ir In M r u� M co m l0 M ur) M LO N p o O rl 0 N C. CDLn O c OD 0 Q C. p p p p O M o p p O to M CD O a QI a < >+ Q U) F z 0 a a [. a 0 W Un U)F a U W z U H a a w Q 3 W a >> a W x U U a w Q 3 W s s W x U OU o 01 H O a z ov F H Grz V Q a o < U C� 0 H H W O O w W W E+ C7 O F x 0 a J4 E E co O � a E W a Un Iz-I w rL a £ 0 m W o z > Q Q H U a 14 m a a N z h z 0 O U U Q 0 N E H U > Ln r o W £ Q o m 0 Q U 0 OD 0 Q u 0 '-i 0 rS My C) 0 f-i o W 0 o N O W El 0 O C o T OD p 'O' O U UWn o Tn O O � o Tn z > p O > N 0 3'� •1 Z T4tyl 4 4 Q" COUNCIL/RDA MEETING DATE: August 15, 2000 ITEM TITLE: Transmittal of Treasurer's Report as of June 30, 2000 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 9---- STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated June 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. espy t.fully submitted: Falner, Finance Director Approved for Submission by: O Thomas P. Genovese, City Manager Attachment: Treasurer's Report, City of La Quinta 040 T4'(t 4 4 Qum& MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for June 30, 2000 DATE: August 2, 2000 Attached is the Treasurer's Report for the month ending June 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 Ending Change Cash (1) $718,281 637,098 1,355,379 $637,098 LAW j $11,072,960 1,100,000 700,000 ! 11,472,960 400,000 US Treasuries (2) $24,939,391 6,573,615 (88,502) 31,424,504 6,485,113 US Gov't Agencies (2) $19,903,725 6,159,798 7,000,000 47,249 19,110,772 (792,953) Commercial Paper (2) $3,978,974 4,000,000 21,026 0 (3,978,974) Mutual Funds $4,081,636 49,305 4,032,331 (49,305) Total $64 694 967 1$13 833 413 $12 366 176 $595 845 $67 395 946 $2,700,979 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. John M. Falconer' Finance Director/Treasurer O 9/O ` ---- Dafe 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. .Jt. 003 ts a N H Q U t/l z O O z Q U, F z W H U! W 2 W N w O x H Q o c c c c c c c d U z z z z z (Z z Z W c ` 0 N O/= C E Op A f` O /1 O p Q C C $ LL ! 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O a d Z C x C 0! y U C O) m~ C C> O a N w N O) L O N U _ G R fa> Li m CLU )LofWL inX000f- zU z M Cl) N Cl) P C t,: O O ("! 00 co O C6 M LOn M M C P O V N v P(6 to N M O O P O M Ln N N M n co N M M N Cr O M N co N M Mp O V U co m0 04 '7 CITY OF LA QUINTA CITY CITY RDA RDA BALANCE SHEET OW30M FIXED LONG TERM FIXED LONG TERM FINANCING CITY ASSETS DEBT RDA ASSETS DEBT AUTHORITY ASSETS: POOLED CASH (4,509,132.08) 16.251.023.75 (805.14) LQRP INVESTMENT IN POOLED CASH 805,000.00 INVESTMENT T-BILLMOTES & OTHER 41,980,000.00 AUTO MALL CASH 2O0,714.59 LQRP CASH 70,537.78 BOND REDEMPTION CASH 255,336.31 28.73 BOND RESERVE CASH BOND PROJECT CASH 12,197,290.24 594.676.69 BOND ESCROW CASH PETTY CASH 1.000.00 CASH & INVESTMENT TOTAL 37,672,582.53 29,589,188.08 593,900.28 INVESTMENT IN LAND HELD FOR RESALE ACCOUNTS RECEIVABLE 319,624.00 60,900,00 PREMIUM/DISCOUNTONINVESTMENT (391.327.91) (61,407.87) LORP-ACCOUNTS RECEIVABLE 59.451.36 INTEREST RECEIVABLE 572.633.82 LOAN/NOTES RECEIVABLE 16.258.21 2,878,631.50 DUE FROM OTHER AGENCIES 342,9W.82 DUE FROM OTHER GOVERNMENTS 601,430.19 DUE FROM OTHER FUNDS 1,386,931.38 551,629.04 DUE FROM RDA 8,613,127.20 INTEREST ADVANCE -DUE FROM RDA 1,851,116.34 ADVANCES TO OTHER FUNDS 111,5W.10 NSF CHECKS RECEIVABLE 3,154.11 ACCRUED REVENUE 833.40 TRAVEL ADVANCES 1,449.00 EMPLOYEE ADVANCES PREPAID EXPENSES 65.323.00 332,087.50 RECEIVABLE TOTAL 13,494,144.25 3,622,125.03 WORKER COMPENSATION DEPOSIT 37.637.00 RENT DEPOSITS UTILITY DEPOSITS 75.00 MISC. DEPOSITS 2,350.00 DEPOSITS TOTAL 40,062.00 8,260,000.00 (6.988.07) 8,253,011.93 FA LONG TERM GRAND DEBT TOTAL 11,751.086 55 805. D00.00 41.980.000. 00 200,714.59 70.537 78 255.365. D4 12,791,966.93 1,000.00 67,855.670,89 8,640,524.00 (459.723.85) 59.451.36 572.633.82 2,694,899.81 342.906.82 601.430.19 1.938, 560.42 8.613.127.20 1.851.116.34 111.508.10 3.154.11 933.40 1,µ9.00 _ 397,410.50 25.369.281.22 37.637.00 75,00 _ 2,350.0_0 ,06 402.00 GENERAL FIXED ASSETS 1,388,331.67 15,693,364.00 10,236,508.05 27.316.191.72 ACCUMULATED DEPRECIATION (685.581.27) (685.581.27) AMOUNT AVAILABLE TO RETIRE L/T DEBT 3,395,117.03 3,395,117.03 AMOUNT TO BE PROVIDED FOR LIT DEBT 1,812,146.34 94,555,923.56 8,010,000.00 104,178,069.90 TOTAL OTHER ASSETS 700,750.40 15,693,354.00 1,612,146.34 10,236,506.05 97,951,040.59 _ _ _ _ _ _ - sm-o 000.00 134,203,797.38 TOTAL ASSETS 51 907 539.19 15 693 354.00 1,612,146.34 33,211,313.11 10,236,506.05 97 951 040.59 8,846,912.21 8.010 000.00 Z27 468.811.49 LIABILITY ACCOUNTS PAYABLE 1,788,201.48 133,177.86 1,921,439.34 DUE TO OTHER AGENCIES 1,377,907.94 589,835.01 1,967,742.95 DUE TO OTHER FUNDS 602,005.19 1,327,250.23 9,305.00 1,938,560.42 INTEREST ADVANCE -DUE TO CITY ACCRUED EXPENSES 351,119.18 351,119.18 PAYROLL LIABILITIES 5,044.58 5,0".58 STRONG MOTION INSTRUMENTS (30.06) (30.08) FRINGE TOED LIZARD FEES 29,881.50 29.661.60 SUSPENSE 6,702.65 6,702.65 DUE TO THE CITY OF LA QUINTA PAYABLES TOTAL 4,180,872.48 2,050,283.10 ---- _..--- - -- 9,305.00 8,220,240.58 ENGINEERING TRUST DEPOSITS SO. COAST AIR QUALITY DEPOSITS ARTS IN PUBLIC PLACES DEPOSITS 468,085.22 468,085.22 LQRP DEPOSITS 14,806.00 14,806.00 DEVELOPER DEPOSITS 1,057,653.88 1,057,653.88 MISC. DEPOSITS 408,481.61 408.481.81 AGENCY FUND DEPOSITS 1,804,787.35 1,804,787.35 TOTAL DEPOSITS 3,739,008.05 14,8W.00 3 7R3 All nR DEFERRED REVENUE 8,270.67 8,260,000.00 8,268,270.67 OTHER LIABILITIES TOTAL 8,270.67 8,280,000.00 8,268,270.67 COMPENSATED ABSENCES PAYABLE 321,991.94 321.991 94 DUE TO THE CITY OF LA QUINTA 1,290,154.40 10.373.718.34 11,863,870.74 DUE TO COUNTY OF RIVERSIDE 12,249,102.00 12,249,102.00 DUE TO C.V. UNIFIED SCHOOL DIST. 9,418,222.25 9.418.222.25 DUE TO DESERT SANDS SCHOOL DIST. BONDS PAYABLE 65,910,000.00 8,010,000.00 73,920,000.00 TOTAL LONG TERM DEBT 1,612,146.34 97,951,040.59 8,010,000.00 107,573,186.93 TOTAL LIABILITY 7,907,951.19 1,612,146.34 2,065,069.10 97,951,040.59 8,269,305.00 8,010,000.00 125,815,512.22 EQUITY -FUND BALANCE 43,999,588.00 15,693,354.00 31,146,244.01 10,236,506.05 577.607.21 101,653,299.27 TOTAL LIABILITY & EQUITY 51,907,539.19 15,693,354.00 1,812,146.34 33,217 313 11 10.236 5W.05 97.951 040 59 8.848 912.21 _ 8 010.000.00 227.460 8-1.49 CASH & INVESTMENT TOTAL 67,855,670.89 PREMIUMIDISCOUNT ON INVESTMENT (459.723.881 J TOTAL 67,398,947.04 010 COUNCIL/RDA MEETING DATE: ITEM TITLE: August 15, 2000 Transmittal of Revenue and Expenditure Report and Investment Summary Report for the Quarter Ending June 30, 2000 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of the June 30, 2000 Statement of Revenue and Expenditures and Investment Summary for the City of La Quinta. Res ctfully submi ted. ohn M. Falc ner, Finance Director p ro ed for sub Lby CP /homas P. Genovese City Manager Attachments: 1. Revenue and Expenditures and Investment Summary Report, June 30, 2000 WK CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/1999-6/30/2000 FUNDS BUDGET RECEIVED REMAINING BUDGET % RECEIVED General Fund Revenues $11,717,871.00 $17,351,709.80 ($5,633,838.80) 148.1% Library 200,000.00 395,275.53 (195,275.53) 197.6% Gas Tax Revenue 395,400.00 411,657.27 (16,257.27) 104.1% Cmaq/lstea 0.00 0.00 0.00 0.0% Federal Assistance 250,400.00 30,000.00 220,400.00 12.0% Assessment District 2000-1 2,806,700.00 2,400,518.45 406,181.55 85.5% Slesf (Cops) Revenue 1,100.00 52,783.23 (51,683.23) 4798.5% Local Law Enforcement 27,208.00 161.80 27,046.20 N/A Lighting & Landscaping 764,400.00 820,633.69 (56,233.69) 107.4% Quimby 31,000.00 388,755.05 (357,755.05) 1254.0% Infrastructure 1,497,500.00 1,130,483.24 367,016.76 75.5% Village Parking 1,600.00 1,495.03 104.97 93.4% South Coast Air Quality 25,244.00 24,917.51 326.49 98.7% Lq Public Safety Officer 2,200.00 2,431.91 (231.91) 110.5% Interest Allocation 0.00 0.00 0.00 N/A Capital Improvement 43,816,709.94 12,004,180.61 31,812,529.33 27.4% Lq Norte Capital Improvement 0.00 4,444.32 (4,444.32) N/A Urban Forestry 0.00 0.00 0.00 N/A Equipment Replacement 1,022,889.00 1,070,652.90 (47,763.90) 104.7% Arts In Public Places 302,700.00 341,489.49 (38,789.49) 112.8% Transportation 0.00 801,926.67 (801,926.67) N/A Parks & Recreation 0.00 571,417.75 (571,417.75) N/A Civic Center 0.00 746,271.51 (746,271.51) N/A Library Development 0.00 335,528.76 (335,528.76) N/A Community Center 0.00 151,956.68 (151,956.68) N/A Street Facility 0.00 30,662.15 (30,662.15) N/A Park Facility 0.00 9,188.00 (9,188.00) N/A La Quinta Financing Authority 697,670.00 702,207.77 (4,537.77) 100.7% RDA Project Area No. 1 19,246,785.00 21,869,673.92 (2,622,888.92) 234.9% RDA Project Area No. 2 8,447,736.00 9,356,039.93 (908,303.93) 337.1 % Total $91,255,112.94 $71,006,462.97 $20,248,649.97 77.8% 050 CITY OF LA QUINTA EXPENDITURES -ALL FUNDS 07/01/1999 - 6/30/2000 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET % EXPENDED General Fund $13,390,277.12 $12,436,698.22 $33,203.71 $1,150,441.27 92.9% Library 0.00 0.00 0.00 0.00 N/A Gas Tax 395,400.00 395,400.00 0.00 0.00 100.0% Cmaq/lstea 0.00 0.00 0.00 0.0% N/A Federal Assistance 130,000.00 30,000.00 0.00 100,000.00 23.1 % Proposed Assessment District 2,806,689.00 44,986.57 0.00 2,761,702.43 1.6% Slesf (Cops) Revenue 0.00 39,910.13 0.00 (39,910.13) N/A Local Law Enforcement 0.00 0.00 0.00 0.00 N/A Lighting & Landscaping 777,105.31 777,105.31 0.00 (0.00) 100.0% Quimby 235,000.00 12,355.54 0.00 222,644.46 5.3% Infrastructure 7,736,774.71 4,172,898.78 0.00 3,563,875.93 53.9% 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 43,816,709.54 12,004,180.61 3,465.00 31,809,063.93 27.4% Lq Norte Capital Improvement 0.00 125,584.39 0.00 (125,584.39) N/A Urban Forestry 0.00 0.00 0.00 0.00 ERR Equipment Replacement 889,923.00 213,982.33 57,246.50 618,694.17 24.0% Arts In Public Places 753,958.87 314,087.88 0.00 439,870.99 41.7% 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 27,929,666.38 21,833,410.95 0.00 6,096,255.43 78.2% RDA Project Area No. 2 13,296,657.17 6,644,266.97 0.00 6,652,390.20 50.0% Total $113,372,282.88 $59,749,524.79 $93,915.21 $53,758,908.96 52.7% 051 CITY OF LA QUINTA 07/01/1999-6/30/2000 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 502,300.00 617,099.90 (114,799.90) 122.85% 433,900.00 502,870.33 (68,970.33) 115.90% 222,000.00 463,499.61 (241,499.61) 208.78% 2,305,600.00 2,717,893.40 (412,293.40) 117.88% 3,050,000.00 4,197,999.21 (1,147,999.21) 137.64% 381,900.00 389,462.06 (7,562.06) 101.98% 6,895,700.00 8,888,824.51 (1,993,124.51) 128.90% 110,800.00 141,243.90 (30,443.90) 127.48% 8,100.00 9,474.50 (1,374.50) 116.97% 412,500.00 1,580,300.26 (1,167,800.26) 383.10% 86,700.00 272,224.65 (185,524.65) 313.98% 68,000.00 282,395.86 (214,395.86) 415.29% 35,800.00 148,912.30 (113,112.30) 415.96% 44,200.00 58,809.01 (14,609.01) 133.05% 766,100.00 2,493,360.48 (1,727,260.48) 325.46% 50.00 0.00 50.00 0.00% 50.00 75.65 (25.65) 151.30% 1,000.00 782.50 217.50 78.25% 124,210.00 137,332.90 (13,122.90) 110.57% 298,400.00 951,943.83 (653,543.83) 319.02% 107,800.00 167,086.13 (59,286.13) 155.00% 271,100.00 664,876.30 (393,776.30) 245.25% 802,610.00 1,922,097.31 (1,119,487.31) 239.48% 910,900.00 1,100,773.30 (189,873.30) 120.84% 250.00 390.18 (140.18) 156.07% 14,400.00 69,921.27 (55,521.27) 485.56% 22,300.00 22,113.49 186.51 99.16% 4,600.00 4,586.30 13.70 99.70% 91,100.00 130,671.29 (39,571.29) 143.44% 109,200.00 113,800.00 (4,600.00) 104.21 % 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 2,012,637.36 (318,776.36) 118.82% 1,464,000.00 1,848,908.66 (384,908.66) 126.29% 55,600.00 105,920.24 (50,320.24) 190.50% 0.00 451.11 (451.11) N/A 55,600.00 106,371.35 (50,771.35) 191.32% 40,000.00 79,510.13 (39,510.13) 198.78% 11,717,871.00 17,351,709.80 (5,633,838.80) 148.08% 61 CITY OF LA QUINTA 07/01/1999-6/30/2000 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 ASSESSMENT DISTRICT 2000-1 REMAINING % BUDGET RECEIVED BUDGET RECEIVED 200,000.00 376,111.58 (176,111.58) 188.06% 0.00 19,163.95 (19,163.95) N/A 200,000.00 395,275.53 (195,275.53) 197.64% 123,200.00 131,560.20 (8,360.20) 106.79% 89,200.00 94,627.25 (5,427.25) 106.08% 172,500.00 175,138.79 (2,638.79) 101.53% 5,000.00 5,000.00 0.00 100.00% 5,500.00 5,331.03 168.97 96.93% 395,400.00 411,657.27 (16,257.27) 104.11 % 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 30,000.00 220,400.00 11.98% 0.00 0.00 0.00 N/A 250,400.00 30,000.00 220,400.00 11.98% Interest 0.00 22,427.27 (22,427.27) N/A Assessment Bond Proceeds 2,806,700.00 2,032,253.63 774,446.37 72.41 % Prepayments -sewer assessments 0.00 345,837.55 (345,837.55) N/A TOTAL PROPOSED ASSESSMENT DISTRIC 2,806,700.00 2,400,518.45 406,181.55 85.53% SLESF (COPS) REVENUE: SLESF (Cops) Funding 0.00 48,372.24 (48,372.24) N/A Interest 1,100.00 4,410.99 (3,310.99) 401.00% TOTAL SLESF (COPS) 1,100.00 52,783.23 (51,683.23) 4798.48% LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 27,208.00 0.00 27,208.00 0.00% Interest 0.00 161.80 (161.80) N/A Transfer in 0.00 0.00 0.00 N/A TOTAL LLEBG 27,208.00 161.80 27,046.20 N/A LIGHTING & LANDSCAPING REVENUE: Assessment 764,200.00 785,793.69 (21,593.69) 102.83% Developer 0.00 34,840.00 (34,840.00) N/A Interest 200.00 0.00 200.00 0.00% TOTAL LIGHTING & LANDSCAPING 764,400.00 820,633.69 (56,233.69) 107.36% QUIMBY REVENUE: Quimby Fees 20,000.00 370,639.95 (350,639.95) 1853.20% Interest 11,000.00 18,115.10 (7,115.10) 164.68% TOTAL QUIMBY 31,000.00 388,755.05 (357,755.05) 1254.05% nrn CITY OF LA QUINTA 07/01/1999-6/30/2000 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 III) SB300 Funding Surface Transportation SB821-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 1,066,500.00 722,117.42 344,382.58 67.71% 431,000.00 408,365.82 22,634.18 94.75% 1,497,500.00 1,130,483.24 367,016.76 75.49% 1,600.00 1,495.03 104.97 93.44% 1,600.00 1,495.03 104.97 93.44% 21,244.00 23,545.10 (2,301.10) 110.83% 4,000.00 1,372.41 2,627.59 34.31% 25,244.00 24,917.51 326.49 98.71 % 2,000.00 2,000.00 0.00 100.00% 200.00 431.91 (231.91) 215.96% 2,200.00 2,431.91 (231.91) 110.54% 0.00 0.00 0.00 N/A 0.00 0.00 0.00 N/A 0.00 0.00 0.00 N/A 12,138,823.50 3,188,323.22 8,950,500.28 26.27% 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% 1,154,728.00 225,483.00 929,245.00 19.53% 0.00 6,495.00 (6,495.00) N/A 716,010.00 308,082.92 407,927.08 43.03% 1,025,652.84 563,055.85 462,596.99 54.90% 26,941,159.00 7,712,740.62 19,228,418.38 28.63% 43,816,709.94 12,004,180.61 31,812,529.33 27.40% 0.00 0.00 0.00 N/A 0.00 0.00 0.00 N/A 0.00 4,444.32 (4,444.32) N/A 0.00 4,444.32 (4,444.32) N/A CITY OF LA QUINTA 07/01/1999-6/30/2000 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 510,578.00 510,672.80 (94.80) 100.02% Interest 41,200.00 88,869.10 (47,669.10) 215.70% Transfers In 471,111.00 471,111.00 0.00 100.00% TOTAL EQUIPMENT REPLACEMENT 1,022,889.00 1,070,652.90 (47,763.90) 104.67% ARTS IN PUBLIC PLACES REVENUE: • Arts in Public Places Deposits 275,500.00 309,320.87 (33,820.87) 112.28% * Arts in Public Places Credits Applied 0.00 0.00 0.00 N/A Interest 27,200.00 32,168.62 (4,968.62) 118.27% TOTAL ARTS IN PUBLIC PLACES 302,700.00 341,489.49 (38,789.49) 112.81% " 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 0.00 779,824.70 (779,824.70) N/A 0.00 22,101.97 (22,101.97) N/A 0.00 801,926.67 (801,926.67) N/A 0.00 556,102.90 (556,102.90) N/A 0.00 15,314.85 (15,314.85) N/A 0.00 571,417.75 (571,417.75) N/A 0.00 725,367.13 (725,367.13) N/A 0.00 20,904.38 (20,904.38) N/A 0.00 746,271.51 (746,271.51) N/A 0.00 326,538.62 (326,538.62) N/A 0.00 8,990.14 (8,990.14) N/A 0.00 335,528.76 (335,528.76) N/A CITY OF LA QUINTA 07/01/1999-613012000 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 0.00 147,885.73 (147,885.73) N/A 0.00 4,070.95 (4,070.95) N/A 0.00 151,956.68 (151,956.68) N/A 0.00 26,161.92 (26,161.92) N/A 0.00 4,500.23 (4,500.23) N/A 0.00 30,662.15 (30,662.15) N/A 0.00 8,933.81 (8,933.81) N/A 0.00 254.19 (254.19) N/A 0.00 9,188.00 (9,188.00) N/A OJT 411 07/01/1999 - 6/30/2000 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT REMAINING % BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED GENERAL GOVERNMENT: LEGISLATIVE 498,166.08 405,857.13 0.00 92,308.95 81.47% CITY MANAGER'S OFFICE 582,250.00 527,334.85 0.00 54,915.15 90.57% ECONOMIC DEVELOPMENT 892,650.00 814,904.93 0.00 77,745.07 91.29% PERSONNEURISK MGT 446,250.00 330,101.61 0.00 116,148.39 73.97% TOTAL GENERAL GOVERNMENT 2,419,316.08 2,078,198.52 0.00 341,117.56 85.90% FINANCE: CITY CLERK FISCAL SERVICES 490,250.00 468,314.35 0.00 21,935.65 95.53% CENTRAL SERVICES 574,246.00 552,696.26 0.00 21,549.74 96.25% TOTAL FINANCE 1,064,496.00 1,021,010.61 0.00 43,485.39 95.91% 356,650.00 326,203.49 1,158.31 29,288.20 91.46% COMMUNITY SERVICES SENIOR CENTER 232,170.00 222,931.44 0.00 9,238.56 96.02% PARKS & RECREATION ADMINISTRATION 565,769.00 498,823.14 0.00 66,945.86 88.17% PARKS & RECREATION PROGRAMS 67,750.00 55,125.57 0.00 12,624.43 81.37% TOTAL COMMUNITY SERVICES 865,689.00 776,880.15 0.00 88,808.85 89.74% POLICE 3,186,149.00 3,084,645.31 25,295.40 76,208.29 96.81% BUILDING & SAFETY: BUILDING & SAFETY - ADMIN 217,150.00 217,383.25 0.00 (233.25) 100.11% CODE COMPLIANCE 434,193.00 367,031.47 0.00 67,161.53 84.53% ANIMAL CONTROL 163,602.00 133,601.60 0.00 30,000.40 81.66% BUILDING 545,373.00 622,945.27 0.00 (77,572.27) 114.22% EMERGENCY SERVICES 46,900.00 43,654.50 0.00 3,245.50 93.08% FIRE 20,000.00 9,260.73 0.00 10,739.27 46.30% CIVIC CENTER BUILDING -OPERATIONS 1,187,853.00 1,207,042.45 0.00 (19,189.45) 101.62% TOTAL BUILDING & SAFETY 2,615,071.00 2,600,919.27 0.00 14,151.73 99.46% COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 561,300.00 373,386.79 0.00 187,913.21 66.52% CURRENT PLANNING 968,799.00 573,215.28 0.00 395,583.72 59.17% TOTAL COMMUNITY DEVELOPMENT 1,530,099.00 946,602.07 0.00 583,496.93 61.87% PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 183,350.00 170,924.45 0.00 12,425.55 93.22% DEVELOPMENT & TRAFFIC 828,710.00 806,996.52 0.00 21,713.48 97.38% MAINT/OPERATIONS- STREETS 1,257,024.00 912,652.01 1,150.00 343,221.99 72.60% MAINT/OPERATIONS- LTG/LANDSCAPING 1,129,903.00 1,106,149.77 5,600.00 18,153.23 97.90% CAPITAL PROJECTS 155,005.00 173,760.40 0.00 (18,755.40) 112.10% TOTAL PUBLIC WORKS 3,553,992.00 3,170,483.15 6,750.00 376,758.85 89.21% TRANSFERS OUT GENERAL FUND REIMBURSEMENTS NET GENERAL FUND EXPENDITURES 1,682,416.34 1,406,807.01 (3,653,535.22) (2,975,051.36) 0.00 275,609.33 83.62% 0.00 (678,483.86) 81.43% 13,620,343.20 12,436,698.22 33,203.71 1,150,441.27 91.31% 05 1® 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 - 6/30/2000 REMAINING % BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED 0.00 0.00 0.00 0.00 N/A 395,400.00 395,400.00 0.00 0.00 100.00% 235,000.00 12,355.54 0.00 222,644.46 5.26% 130,000.00 30,000.00 0.00 100,000.00 23.08% 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 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS LLEBG FUND TRANSFER OUT SLEF (COPS) TRANSFER OUT 0.00 0.00 0.00 0.00 N/A 2,000.00 0.00 0.00 2,000.00 0.00% 0.00 0.00 0.00 0.00 N/A 0.00 39,910.13 0.00 (39,910.13) N/A LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 764,400.00 764,400.00 0.00 0.00 100.00% TRANSFER OUT 12,705.31 12,705.31 0.00 (0.00) 100.00% fAL LTG/LANDSCAPING FUND TOTAL LTGMNDSCAPING FUND 777,105.31 777,105.31 0.00 (0.00) 100.00% INFRASTRUCTURE: CONSTRUCTION 109,700.00 63,000.00 0.00 46,700.00 57.43% REIMBURSE GENERAL FUND 203,910.00 203,910.00 0.00 0.00 100.00% TRANSFER OUT 7,423,164.71 3,905,988.78 0.00 3,517,175.93 52.62% TOTAL INFRASTRUCTURE 7,736,774.71 4,172,898.78 0.00 3,563,875.93 53.94% ASSESSMENT DISTRICT 2000-1 COSTS OF ISSUANCE 0.00 44,986.57 0.00 (44,986.57) N/A TRANSFER TO AGENCY FUND 0.00 0.00 0.00 0.00 N/A TRANSFER OUT 2,806,689.00 0.00 0.00 2,806,689.00 0.00% TOTAL INFRASTRUCTURE 2,806,689.00 689.00 44,986.57 0.00 2,761,702.43 1.60% �Ju 11 CITY OF LA QUINTA 07/01/1999 - 6/30/2000 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 Transfer Out 0.00 0.00 TOTAL PARK FACILITY 0.00 0.00 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 42,905,492.85 11,785,065.25 PROJECT REIMBURSEMENTS TO GEN FUND 911,216.69 219,115.36 TOTAL CAPITAL IMPROVEMENT 43,816,709.54 12,004,180.61 ART IN PUBLIC PLACES FUND 0.00 0.00 N/A 0.00 0.00 N/A 0.00 0.00 N/A 3,465.00 31,116,962.60 27.47% 0.00 692,101.33 24.05% 3,465.00 31,809,063.93 27.40% PROJECT EXPENSES 41,548.87 3,585.46 0.00 37,963.41 8.63% CIP EXPENSES 712,410.00 310,502.42 0.00 401,907.58 43.58% TOTAL ART IN PUBLIC PLACES 753,958.87 314,087.88 0.00 439,870.99 41.66% 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 0.00 0.00 0.00 0.00 N/A EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 889,923.00 213,982.33 57,246.50 618,694.17 24.05% City of La Quinta Quarterly Investment Summary - Footnote 1 June 30, 2000 of Investment Treasury Treasury Treasury Treasury Treasury Treasury Treasury iral National Mtg Assn oral National Mtg Assn iral Home Loan Bank iral Home Loan Bank I Agency Investment Fund I Aoencv Investment Fund Less % Attributable to RDA Less % Attributable to Financing Authority Total City Pooled Investments Treasury Note Treasury Note Treasury Note Treasury Note Treasury Note Treasury Note Treasury Note Note Discount Note Note Discount Note State Pool Maturity Date Par Value Market Value Amortized Cost 31-May-01 4,000,000 4,001,250 4,028,334 30-Nov-01 4,000,000 3,940,219 3,986,397 31-Mar-02 1,980,000 1,983,713 1,989,240 30-Nov-01 3,500,000 3,494,156 3,457,172 30-Jun-01 2,500,000 2,482,031 2,482,813 30Jun-01 4,000,000 3,991,250 3,990,753 31-Oct-01 4,000,000 3,986,250 4,020,919 16-Mar-01 5,000,000 5,097,767 4,998,553 18Jun-01 5,000,000 4,686,455 4,683,771 15-Aug-01 3,000,000 3,032,833 2,975,076 01-Aug-00 5,000,000 4,974,000 4,975,644 Next Day 7,065,105 7,065,105 7,065,105 Next Day 4,407,855 4,407,855 4,407,855 $53,452,960 $53,142,884 $53,061,632 Footnote 1 - The Quarterly Investment Report does not include the City of La Quinta checking account, sweep account, Housing Program account or petty cash account (17,066,024) 805 $35,996,413 0b,0 13 T4tyl °F 4 Q" COUNCIL/RDA MEETING DATE: Approval of Modifications to the City of La Quinta's Tenth Anniversary Plaque RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: August 15, 2000 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve modifications to the City of La Quinta's tenth anniversary plaque. FISCAL IMPLICATIONS: Funds for the plaque were approved by previous Council action on February 1, 2000. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: On February 1, 2000, the City Council approved funds for two 2'x2' plaques commemorating the City's tenth anniversary. The approval included the design for the plaques. The original design was for a 4'x4' plaque (Attachment 1). Mark Palmer Design is the contractor and has recommended a minor modification to the original design as indicated in Attachment 2. In general, it is proposed to eliminate some of the smaller text from the mosaic. This modification is recommended in consideration of the smaller plaque size. 061 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve modifications to the City of La Quinta's Tenth Anniversary Plaque ; or 2. Do not approve modifications to the City of La Quinta's Tenth Anniversary Plaque; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Original 4'x4' design 2. Modified 2'x2' design 08/1 1 /99 S:\CITYMGR\CCSHELL.WPD Os 002 ATTACHMENT I ri C-y 00 004 ATTACHMENT 2 2' - - A mosaic's uniqueness and character comes from the imperfect and non precise nature of the medium (broken glass, broken tile). This is what makes each mosaic an individual and lasting work of art. At the approved 2' x 2' size of your mosaics, the medium is being pushed beyond limitations with regard to the legibility and aesthetic appearance of the small type elements... "The City Of" & "1982-1992", Ten Carat Decade" are too small. An acceptable result cannot be achieved! We're recommending that these small type elements be eliminated from the mosaic itself and be handled on the 8" x 8" Corian Nameplate as shown. MARK PALMER DESIGN CORPORATION No gn 0�`O05 T4t!t 4 4 Q" COUNCIL/RDA MEETING DATE: August 15, 2000 Authorization for Overnight Travel for Personnel/Risk Manager to Attend the California Joint Powers Insurance Authority Risk Management Conference in San Diego, CA, October 12 through 13, 2000 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: c5 STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Personnel/Risk Manager to attend the California Joint Powers Authority Risk Management Conference in San Diego, CA, October 12 through 13, 2000. N•lei The conference will be funded from the Travel, Training and Meetings Account # 101- 104-637-000. The breakdown of estimated expenditures for this conference is as follows: • Registration $ 175 • Meals 100 • Hotel 320 • Parking 45 Total $ 640 None The California Joint Powers Insurance Authority (CJPIA) sponsors an annual Risk Management Conference. The conference has a variety of speakers and educational materials on various Risk Management topics. The conference will provide the City with the opportunity to obtain the latest information concerning Risk Management issues. An overview of the conference is attached (Attachment 1). 063 The alternatives available to the City Council include: 1 . Approve authorization for overnight travel for the Personnel/Risk Manager to attend the California Joint Powers Authority Risk Management Conference in San Diego, CA, October 12 through 13, 2000; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Conference overview 08/11 /99 S:\CITYMGR\CCSHELL.WPD 06U; 0 ? ATTACHMENT 1 Redefining Risk Management 5th Annual CALIFORNIA JPIA Risk Management Conference October 12-13, 2000 The speed of change creates risk as political, social and economic uncertainties increase. These forces, which are commonplace in the public sector, have caused the questions to change. We are no longer asking "Can we insure it?" but instead "What can go wrong? How can we prevent it? How can we pay for it?" The answers to these questions often identify exposures and require collaboration for loss control. CALIFORNLI JPIA has found that the more active your management team is in implementing programs and demonstrating concern for employee and public well-being, the more likely your agency will be to experience low accident and claim levels. This conference is designed to provide current information and regulations, build a resource network, assist in the identification and development of risk management strategies and to help you redefine "risk management" for your agency. We hope to see you at the golf tournament and Welcome Dinner on October 11, and look forward to learning with you at the conference on October 12 - 13. CALIpORNIA l P I A PHoAL (800) 229-2343 L+ FAX (562) 860-4992 U WEB WWWCjpia.org All WEDNESDAY, OCTOBER 11, 2000 11:00 am Golf Tournament Coronado Golf Course 6:00 pm Welcome Dinner/Registration Hotel Del Coronado, Sun Deck THURSDAY, OCTOBER 12, 2000 7:30 am Continental Breakfast 8:00 am Registration 9:00 am Welcome & Introductions General Session Keynote: "The Four Roles of Leadership" Speaker: Dr. Laurie Julian 10:30 am Break Concurrent Sessions: 10:45 am "Liability Issues When Dealing With the Media" Speaker: Gene Ramirez "Contractual Transference of Risk: Paying Claims With Other People's Mone_v" Speaker: Scott C. Haith 12:00 Noon Luncheon Sponsor Recognition 1:30 pm "Taking Control of the Workers' Compensation Claims Process" Speaker: Susan England "Anatomy of a Property Insurance Policy" Speaker: Ted Davidson "Playing It Safe: An Anthology of Playground Safety" Speaker: Sam "Butch" DeFillippo 3:00 pm Break 3:15 pm "Roadway Design Claims - What Can We. Do?" Speaker: John P McCormick "Employee Privacy Rights in the Public Sector: An Advanced Privacy Workshop" Speaker: Jeffrey Sloan "Ergonomics: The Good, The Bad and The Costly" Speaker: Janice Copeland 5:00 pm Reception Hotel Del Coronado, Windsor Cottage FRIDAY; OCTOBER 13, 2000 7:30 am Continental Breakfast 8:00 am Registration 8:45 am Keynote: "Defending Against Violence - Personal Safety" Speaker: Bruce Anderson 10:15 am Break C 10:30 am Keynote Continues 12:00 Noon Luncheon WE 00.!- T4ht 4 4Qrcmfw COUNCIL/RDA MEETING DATE: August 15, 2000 ITEM TITLE: Approval of the Local Law Enforcement Block Grant Advisory Board's Recommendation for Expenditure of Grant Funds RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 0 STUDY SESSION: PUBLIC HEARING: Approve the Local Law Enforcement Block Grant Advisory Board's recommendation for expenditure of Grant Funds. FISCAL IMPLICATIONS: The City was awarded $27,208 by the United States Department of Justice and must provide a cash match of $3,023. Funds are available within Police Services, Account No. 101-301-609-575 (Special Enforcement Funds), to pay for the match (funds are continuing appropriations from last fiscal year). CHARTER CITY IMPLICATIONS: None; these grant funds come from the federal government and, therefore, the City will not realize any cost savings by avoiding paying prevailing wages. BACKGROUND AND OVERVIEW: During 1999, the City applied for and was awarded a grant under the Department of Justice's Local Law Enforcement Block Grant Program. In order to apply for the grant, the City had to identify the proposed use of the funds. Therefore, at the August 3, 1999 City Council meeting, the Council considered and approved a recommendation from the La Quinta Police Department to use the funds to purchase a variety of technological equipment (e.g. portable scene lighting, powder print kits, digital camera, video camera systems, and similar equipment) and to pay for a "Crime -Free Multi -Housing Program." A copy of the Police Department's recommendation for use of grant funds is attached (Attachment 1). 06SO This grant program requires that following grant award, the City's Local Law Enforcement Block Grant Advisory Board conduct a public hearing on the proposed expenditure of funds. In accordance with the terms of the grant award, the City previously appointed an Advisory Board (administratively in accordance with the grant program) and conducted a Public Hearing on August 8, 2000. The Advisory Board unanimously approved the La Quinta Police Department's recommendation to use the grant funds to purchase a variety of technological equipment and to pay for the "Crime -Free Multi -Housing Program." This recommendation is consistent with the Council's intent for use of funds as approved by the City Council on August 3, 1999. In accordance with the grant program, the City Council must consider the Advisory Board's recommendation so that the City can begin accessing the grant funds. Following approval by the City Council and final approval by the Department of Justice, the La Quinta Police Department can begin purchasing equipment and implementing the multi -housing program. The equipment purchased with the grant becomes the property of the City and will be labeled with City property stickers. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Local Law Enforcement Block Grant Advisory Board's recommendation for expenditure of Grant Funds; or 2. Do not approve the Local Law Enforcement Block Grant Advisory Board's recommendation; or 3. Provide staff with alternative direction. Respectfully su mi ed, Britt W. Wilson, Manage nalyst City Manager's Office Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. La Quinta Police Department Memorandum 0 GAMyData\WPDocs\CITY COUNCIL\CCSTFFLAWGRANT 08-15-00.wpd 002 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT INDIO STATION /1 TO: Captain Singerton FROM: Lt.ISON��' RE: mamrrr,!%nAitirn T City of La Quinta - LL DATE: 07-23-99 DKI 99-204-1 ►r FY 1999-2000 On 07-09-1999,1 received notification from Britt Wilson that the City of La Quinta is eligible to receive $27,208 this fiscal year in Local Law Enforcement Block Grant funds. With matching funds from the City he estimates that there will be about $32,921 available for this fiscal year. Mr Wilson has requested a proposed expenditure plan for the above funds. I recommend, in no particular order of priority, the following expenditures: 1. Portable awnings 10' x10' Home Depot $169.90 ea. For use at crime scenes, special events, crime prevention programs, etc. to provide shade. 2 ea. $ 339.80 2. Portable scene lighting, Regent twin 500 watt with ground fault, Home Depot, For use at scenes and events, $79.95 ea. 2 ea. $ 159.90 3. Magnetic/Regular powder print kits, Lighting Powder Co, Catalog #1-0131, For use in the patrol units, reduce Forensics call -outs, $50.95 ea, 6 ea. $ 305.70 4. Sony MVC-FD91 Digital Mavica Camera, For use by patrol, investigator and forensics tech to capture digital images at scenes and events. 1 ea. $ 999.00 5. Crime -Free Multi -Housing Program. Funding for use in implementing the program in the City. Funding to cover hosting initial training phases, signs used in the program, brochures, staff salaries for events held beyond normal duty hours, etc. $ 6,626.60 6. In car video camera systems, with accessories, installation, tapes, etc. For use in 3 ea. La Quinta Police Department vehicles. (Would complete all La Quinta units with the 3 existing systems) Kustom Signals, $7,000.00 ea. 3 ea. $ 21,000.00 7. Computer Software, Computer Aided Drawing, For use in drawing intersections, crime scenes, project plans, etc. AutoSketch 6.0 $99.00 ea. 10 ea. $ 990.00 1!" 8. Crime Prevention Materials to include brochures, coloring books, decals, stickers, videos, etc. $ 2,500.00 Total Recommendation $ 32,921.00 005 T4ht 4 4a Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 15, 2000 CONSENT CALENDAR: 07 ITEM TITLE: STUDY SESSION: Adoption of Policies Regarding Closure of Streets to PUBLIC HEARING: Vehicular Traffic RECOMMENDATIONS: Adopt a Resolution of the City Council establishing policies regarding closure of streets to vehicular traffic. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: On June 6, 2000, the City Council authorized the formation of the Museum Expansion Committee, comprised of: Mayor Pro Tern Stanley Sniff and Council Member Don Adolph; Historical Society Members Pat Cross and Judy Vossler; and Historical Preservation Commissioner Barbara Irwin. Support staff includes Dodie Horvitz, Community Services Director and Christine di lorio, Planning Manager. The Committee met on two occasions, June 28, 2000 and July 19, 2000 (Attachment 1)). The Committee recommended closure of Avenida Mendoza to vehicular traffic as part of the La Quinta Historical Museum expansion. The closure would allow for public parking and pedestrian access from the residential area to the south to the Museum and park. In accordance with the Streets and Highways Code §21101(a)(1), street closures are permissible if the City adopts rules and regulations governing the procedures for street closures and if findings can be made that the street is "no longer needed for vehicular traffic." Therefore, staff has prepared rules and regulations for this purpose as outlined in the Resolution proposed for adoption. The next step will be to implement the policies allowing for Planning Commission and City Council to take an action on the closure of Avenida Mendoza to vehicular traffic. C:\My Documents\WPD0CS\cccd-001.wpd FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Adopt a Resolution of the City Council establishing policies regarding closure of streets to vehicular traffic; or 2. Do not adopt a Resolution of the City Council establishing policies regarding closure of streets to vehicular traffic; or 3. Provide staff with alternative direction. Respectfully submitted, OltL d zp,�' Christine di lorio Planning Manager Approved for submission by, rx-� �/� � Z. /-, '/ 1�2y' -1 � � � � Thomas P. Genovese, City Manager Attachments: 1 . Museum Expansion Committee Minutes 002 CAMy Documents\WPDOCS\cccd-OOI.wpd RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, ESTABLISHING POLICIES FOR THE CLOSURE OF STREETS TO VEHICULAR TRAFFIC WHEREAS, the City Council of the City of La Quinta, California, wishes to establish policies regarding the closure of streets to vehicular traffic; and WHEREAS, Section 1920 of the Streets and Highways Code authorizes the City to adopt rules and regulations by ordinance or resolution regarding the closure of any street to vehicular traffic when the City finds that the street is "no longer needed for vehicular traffic."; and WHEREAS, the City desires to follow the notice and hearing procedures adopted in the City's Zoning Code per Chapter 9, Section 200.1 10. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA AS FOLLOWS: SECTION 1: The City hereby establishes the following rules and procedures regarding the closure of streets to vehicular traffic: A. Prior to closure of any street to vehicular traffic the noticing and hearing requirements of Chapter 9.200.1 10 of the Municipal Code will be held. B. In order to recommend or approve street closures, Planning Commission and City Council shall make a finding that the street is no longer needed for vehicular traffic. PASSED, APPROVED, and ADOPTED by the City Council of the City of La Quinta, California this 15th day of August, 2000 by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor 0 % City of La Quinta, California 01^ C:\My Documents\WPDOCS\CCResoStPolicies.wpd City Council Resolution 2000- Policies for Closure of Streets ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California CAMy Documents\WPDOCS\CCResoStPolicies.wpd MUSEUM EXPANSION COMMITTEE MINUTES June 28, 2000 I. CALL TO ORDER ATTACHMENT 1 A regular meeting of the Museum Expansion Committee was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center by Dodie Horvitz, Director of the Community Services Department. Committee Member Sniff led the Pledge of Allegiance. MEMBERS PRESENT: MEMBERS ABSENT: Committee Member Don Adolph Committee Member Barbara Irwin Committee Member Stan Sniff Committee Member Judy Vossler Committee Member Pat Cross STAFF PRESENT: Dodie Horvitz, Community Services Director Christine di lorio, Planning Manager Chris Vogt, Public Works Director Cristal Spidell, Secretary It was moved by Committee Member Irwin/Sniff to excuse Committee Member Cross because she is out of town at a class reunion. Unanimous. II. PUBLIC COMMENT III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR V. PUBLIC HEARING VI. BUSINESS ITEMS A. Election of Chairperson Ms. Horvitz opened the floor for nominations for Chairperson. Committee Members Adolph/Vossler nominated Committee Member Irwin. There being no more nominations, Committee Member Sniff declared a unanimous ballot for Committee Member Irwin as Chairperson of the Museum Expansion Committee. Unanimous. B. Election of Vice Chairperson Newly elected Chairperson Irwin opened the floor for nominations for Vice Chairperson. Committee Member Adolph nominated Committee Member Cross. The nomination was not seconded. Committee Member Sniff indicated he could not support the nomination of Committee Member Cross because she was not present to indicate whether she was willing or able to accept the nomination. Committee Members Sniff/Vossler nominated Committee Member Adolph. Committee Member Sniff declared a unanimous ballot for Committee Member Adolph as Vice Chairperson of the Museum Expansion Committee. Unanimous. C. Establishment of Meeting Time and Day The Committee discussed various days and times to meet. It was determined by consensus to meet Wednesday, July 19 at 7:00 p.m. Additional meeting dates will be determined as needed. D. La Quinta Historical Museum Expansion Ms. Horvitz reviewed the report with the Committee. Mr. Vogt displayed a street map of the area around the museum site on Avenida Mendoza, and indicated a street vacation or closure is needed to do the expansion. Mr. Vogt said there are some issues regarding the ownership of the property, and whether a street vacation or a street closure should be done, as recommended by the City Attorney. There is some concern about underground utilities going through the property, and pending the results of a traffic count, what impact this street closure will have on the residents in the immediate area. Committee Member Sniff suggested Mr. Vogt, pending the results of the property search, report to the City Council on July 18 or August 1 to see if the Council is supportive of the street closure idea. Chairperson Irwin asked that the Committee review the report first, and then forward it to the City Council. The report will be faxed to the Committee Members when it is complete. Committee Member Sniff thinks the building needs to be enlarged and would be disappointed if the City does not make the museum a meaningful, visually attractive and useable place. He suggested having speakers come to the facility and speak on the history of La Quinta, and said museum amenities could include a patio, a balcony, Spanish architecture, wrought iron, and fountains. Chairperson Irwin asked for clarification on expansion of the building and whether it was going to connect to the existing building, or be a separate new building. Committee Member Sniff responded that the idea is to expand the building, and not remove any existing walls so as not to destroy the integrity of the existing facility. Walkways and patio area could connect the buildings. There was some discussion of,a two story building. Ms. di lorio reminded the Committee that the new facility must comply with ADA standards. Committee Member Adolph suggested getting professional opinions on the building, and said Stewart Woodard has offered his expertise for conceptual ideas. Committee Member Vossler has found it easier to make a wish list and present it to the architect and ask them to present an idea with those items in mind. She likes the idea of a multi -use room, but does not care for permanent seating. Committee Member Sniff suggested sending out an RFQ since $800,000 is expected to be spent on the expansion of the museum. A list could be compiled of what everyone wants and send it out with the proposals. Committee Member Adolph said they need to be careful how to utilize the space. Committee Member Sniff provided a list of suggested design criteria he would like to see at the facility. Committee Member Adolph said if the building is two-story an elevator would be necessary so the building is ADA compliant, and this would be expensive. Chairperson Irwin suggested the Committee review the list together and make changes or add to it. (A copy of the list is on file.) Mr. Joe Irwin, La Quinta resident, asked the Committee if there was enough room for a 5-6,000 square foot building, patio area and parking. Committee Member Sniff said yes, there is plenty of space with use of the alley way. Committee Member Adolph is concerned about the space on the sides and front of the building. Ms. di lorio said that some calculations have been done on the site and it can accommodate parking and a 4,000 square foot building. Setbacks are determined by building size. Committee Member Adolph says the Committee needs to know the guidelines, and suggested the architect know this information also when the proposals are sent out. UU707u Committee Member Vossler asked about the need for natural daylight versus electrical lighting in the facility. Committee Member Adolph would like streetscape design addressed. Committee Member Sniff would like new display ideas rather then the ordinary displays for the artifacts. These items will be added to the suggested design criteria list. More discussion on use of the building space will follow at a later meeting. After further discussion and review of the suggested design criteria list the Committee decided on the following items: 1. Close Avenida Mendoza (rather than vacate) 2. Partial two-story building 3. Spanish style architecture with compatible streetscape 4. At least a 5,000 square foot addition 5. Spanish -style patio, tile, fountain, alcoves, lighting and sound system 6. Balconies with wrought iron 7. Use current facility 8. Secure area for curation of artifacts 9. Use of stained glass 10. Include a multi -purpose area that can seat up to 200 11. Must be ADA compliant 12. Parking to meet requirements of the Village Plan - to be worked out 13. Modest office space 14. Proper lighting for museum displays as well as natural lighting 15. Creative displays for artifacts Staff will present this list at the next meeting for the Committee to review. Staff will also report on the progress of the property search/street closure. The Committee would like address and phone numbers of the Committee Members. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. La Quinta Historical Society History - Received and filed. B. La Quinta Historical Society Museum Building History - Received and filed. VIII. COMMITTEE MEMBER ITEMS IX. ADJOURNMENT It was moved by Committee Member Adolph/Vossler to adjourn the Museum Expansion Committee meeting. Unanimous. Meeting adjourned at 8:25 p.m. NEXT MEETING INFORMATION July 19, 2000 7:00 PM La Quinta Civic Center Study Session Room • Suggested design criteria list • Property search/Street closure update • Sedona Report - Vossler Submitted by: aivi S�' ka — Cristal Spidell, Committee Secretary SAcommunity Services\MEC\MECMIN6-28.wpd Uu8 MUSEUM EXPANSION COMMITTEE MINUTES July 19, 2000 I. CALL TO ORDER A regular meeting of the Museum Expansion Committee was called to order at 7:03 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Irwin presided over the meeting. Comrntee Member Adolph led the Pledge of Allegiance. MEMBERS PRESENT: Committee Member Don Adolph (Vic hairp Committee Member Pat Cross Committee Member Barbara Irwi u,.; airpers Committee Member Stan Sniff Committee Member Judy Vossl ` STAFF PRESENT: Christine di lorio, Planning Manag Cristal Spidell, Secretary II. PUBLIC COMMENT III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of June 28, It was moved by Committee motion passed 4 0-1, Comi meeting. r yam, V. PUBLIC VI. BUSINESS A. Museu is Sniff/Vbs er to,aPprove the Consent Calendar as submitted. The ember Cros;a'ined due to her absence from the June 28, 2000 MsAfia" lorio, Planning IVfnater, reviewed the staff report with the committee. It was decided that the g_ committee would needaddress the street closure issue prior to discussing the design criteria for the nj0um expansion $uisiness Item B was considered at this time. B. F" ""`Sea treet Closure Ms"' df�f ; Planning Manager, informed the committee that a 24 hour traffic count was currently in progress, and according to the City Attorney, the street closure is feasible. Staff will check into the noticing procedure and determine a City Council date of August 1 or August 15. Committee Member Vossler asked if they should contact property owners personally to inform them of the meeting. It was decided that staff would field all calls, and refer them to the Committee if necessary. It was discussed to have staff produce a fact sheet for the project, and then it was decided not to do so until it was determined necessary. re S:\Community Services\MEC\MECMIN7-19.wpd U 1. It was moved by Committee Member SniffNossler to direct staff to pursue the closure of a portion of Avenida Mendoza and schedule this matter for City Council consideration at the earliest possible date. Unanimous. The Committee returned to Business Item A at this time. A. Museum Suggested Design Criteria (continued) Committee Member Sniff presented a layout of a possible design for the Historical Museum. The sketch included a two story building with cathedral ceilings, storage areas, long louvered w t,. ows, stained glass, patio area, offices, balconies, grass area, display areas, restrooms, kitchen area,; orways that are ADA accessible, and an elevator. Xgmw' Chairperson Irwin presented an unsolicited plan designed ie Sha useum. The enities �a were similar with the addition of an enclosed courtyard, hic, �nrindows, s '' artitions _' her than walls. IMP, 'ME Committee Member Cross indicated she does not like and functionable. Committee Member Vossler suggested the ground area, and curation area being located upstairs. Chairperson Irwin said the building can be throughout the valley. After reviewing both plans, Committee Member to an architect and let him present, of ideas.; concept, a "its it to be pretty with the office space, storage lity by,larating and storing artifacts from presenting all the suggestions on a list The Committee concurred. The Committee reviewed the list `i ain anO mmertd d additions and/or changes to the list, and how the items wi a organized .he -changes a dirad ons include: breaking up the two story facade using design a In, rem( e a displa 7, add a sink in the work area, change from 200 to 150 people,'maximu k,:, ails ;play area, blend existing building with new building with a breeze -way and mainta igity of is office space for two people, climate controlled, equipment storage E1P�E,E N N c area, kitchen sp split out �(patI6,vs. building) details. Colors and roofing can be determined at a later datetr�tt noted #b0 City Council may want to add more items to the list. . 10 Chairpern Irwin said tha liionral Preservation Commission went to Fort Irwin for a tour of their facility and discussed the organlzati00Eand amenities needed for this type of curation facility. Ms. Irwin said they haves 4,000 square foot building of which approximately 1,500 square feet is for storage of the artifacts. The`urator for Fort Irwin stated they will share their ideas with the La Quinta Historical Museum. oved by Committee Members SniffNossler to direct staff to take the information discussed and repo�,forike City Council to consider. Unanimous. Members will receive a copy of the City Council staff report. C. Conditions, Covenants and Restrictions Regarding the Museum Property Ms. di lorio informed the Committee that there were no current property owners who signed the original CC & R's. Staff does not anticipate any problems. 610 081 SACommunity Services\MEC\MECMIN7-19.wpd VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Committee Member Information The Committee Member Information sheet was redistributed and additional information added by the members. Staff will provide a revised copy at the next meeting. VIII. COMMITTEE MEMBER ITEMS Ms. di Iorio said Teresa Hanley, Curator for the City of Ontario Museum has invited top Committee to visit their facility in August. The Committee discussed a date to visit and whether r museums could be visited on the same day. It was decided to visit the City of Ontario fac), n A ust 11. 3 Committee Member Vossler reported that although her to ` °edona Y ` rful, there w othing to share with the Committee that was close to what La to is tryiir F AL IX. ADJOURNMENT " E It was moved by Committee Member SniffNossler to adjournt. ' �eum Expansion Committee meeting. Unanimous. Meeting adjourned at 8:47 p.m. NEXT MEETING INFORMATION Next meeting date to be determined. Submitted by: Cristal Spidell, 08,E 0141. SACommunity Services\MEC\MECMIN7-19.wpd T4t!t 4 4& Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 15, 2000 CONSENT CALENDAR: ITEM TITLE: Acceptance of Street Right of Way - Santa Carmelita at Vale La Quinta, Unit 14 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting all of the street and alley rights of way offered for dedication on the subdivision map entitled Santa Carmelita at Vale La Quinta, Unit 14. This action conveys no additional fiscal impact to the City that is not already included or anticipated by the City in its budget planning. The subject streets have been maintained by the City since incorporation in 1982. None. The streets in the La Quinta Village area were created by the subdivision map known as Santa Carmelita at Vale La Quinta, Unit 14, which was recorded on July 1, 1935. Attachment 1 is a copy of the original subdivision map for the Santa Carmelita at Vale La Quinta, Unit 14 tract. The subdivider made an irrevocable offer of dedication on the title sheet of the map dedicating the street right-of-way for public use. However, the County Board of Supervisors did not accept the dedication when the map was approved in 1935. There is strong evidence the County accepted the right-of-way dedication a few years later in 1948 when it formalized and documented its County Maintained Road System for the first time. City staff has spoken to Clerk of Board staff and County Transportation Department staff to acquire documentation confirming the 1948 dedication acceptance. However, the old records are difficult for county staff to search and retrieve, and as of this writing, the documentation recovered by county staff is inconclusive with regard to confirmation of right-of-way acceptance. 084d TA WDEPT\COUNCIU2000\000815f.wpd County staff has provided documentation confirming the subject streets were part of the 1979 County Maintained Road System which implies by a matter of County policy that the County had accepted the streets at some point in time prior to City incorporation; however, County staff is unable to provide documentation that specifically states the subject street rights of way were accepted. Even though specific documentation of County Board of Supervisor action accepting the streets is lacking, County maintenance conduct through the years is conclusive evidence the streets were accepted by -the County prior to City incorporation. Although the County maintenance records provide clear historical evidence supporting the fact the streets were accepted years ago, its a cumbersome reference tool; therefore, in order to have formal documentation in City files for easy reference and dissemination, City staff has prepared a resolution for City Council action. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting all of the street and alley rights of way offered for dedication on the subdivision map entitled Santa Carmelita at Vale La Quinta, Unit 14; or 2. Do not adopt a Resolution of the City Council accepting all of the street and alley rights of way offered for dedication on the subdivision map entitled Santa Carmelita at Vale La Quinta, Unit 14; or 3. Provide staff with alternative direction. Respectfully submitted, 1111-00f��_ Chris A. Vogt", Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Santa Carmelita at Vale La Quinta, Unit 14, subdivision map 084 002 TA WDEPT COUNCIU2000\000815f.wpd RESOLUTION NO. 2000- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA ACCEPTING STREET RIGHTS OF WAY OFFERED FOR DEDICATION ON SUBDIVISION MAP ENTITLED SANTA CARMELITA AT VALE LA QUINTA, UNIT 14. WHEREAS, subdivision map entitled Santa Carmelita at Vale La Quinta, Unit 14 was approved by the County Board of Supervisors and recorded on July 1, 1935; and WHEREAS, the County Board of Supervisors did not accept the offer of dedication of street rights of way shown thereon when the subdivision map was approved in 1935; and WHEREAS, said dedication by the subdivider is an irrevocable offer that can only be terminated and abandoned in the same manner prescribed for the summary street vacation commencing with Section 8300 of the Street and Highways Code; and, WHEREAS, the County never terminated the dedication offer as evidenced by the fact said streets were part of the County Maintained Road System when the City incorporated in 1982; and WHEREAS, the County maintained the streets up until the date of City Incorporation in 1982; and WHEREAS, the City has maintained the streets after Incorporation in 1982; and WHEREAS, it is desirable to have formal documentation in City files for easy reference and dissemination to confirm the subject street rights -of -way have indeed been accepted. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1. Pursuant to Government Code Section 7050, lots A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, and T which were dedicated to public use on the subdivision map entitled Santa Carmelita at Vale La Quinta, Unit 14, are hereby accepted. Section 2. The City Clerk shall file this resolution for recording by the County Recorder. 0851 003 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 151h day of August, 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: M. KATHERINE JENSON, City Attorney City of La Quinta, California Im 004 ATTACHMENT 1 ` _ N�� v .,a .. N..:a .. .N ;q. ,b •:; •'0 •b � n,•.;� y i ^l `—' - AW1-1 O—•�1f17--'�°'—,V,96VYAV — I IL .1 J, � .�— ,os . s• r w �Q V� o W �• T % 1 d/f3f�f1{`iTTevg i� Y s \ e. b'7OOrV�d✓"-f!O/iV.�/1 F/-.ot° .�RJir�-fO7 .;�i�.ib-ox; _ _ � � I. a h w yl � • 1r�. ' 5 't I Q -14 ( A b IN L• MffRT/NET •ti or r ?r -L07..,r•ni<..�� y !�O/N�/1 I.�. •6�. _ .. o^.$i .: ,w� sn�GN 604.OR .7r ,.1,�' OS .ni l .1f .OS C.0 T4t!t 4 4 Q" COUNCIL/RDA MEETING DATE: August 15, 2000 ITEM TITLE: Approval of a Professional Services Agreement with the Firm of Berg and Associates to Provide Construction Management Services to Support Assessment District 2000-1, Phase VI Improvements, Areas A, B, C, D and Prototypical Street Improvements AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 9 STUDY SESSION: PUBLIC HEARING: Approve a professional services agreement with Berg & Associates in an amount not - to -exceed $357,558, to provide construction management services to support Assessment District 2000-1, Project 98-19 Areas A, B, C, D and Prototypical Street Improvements. Available funding for these services was identified and approved as the project budget based upon the actual amount of contract awarded by the City Council on June 20, 2000. The approved budget for construction management services is detailed as follows: Village Commercial(Area A)/Cove Residential (Area B) & $ 442,543 Prototypical Street Improvements Westward Ho Residential Area C $ 141,167 Sagebrush/Bottlebrush/Saguaro Residential Area D $ 97,723 TOTAL $ 681,433 All of the costs for street improvements including curb and gutter, new street surfacing, storm drains will be funded through the Redevelopment Agency (RDA) Project Areas No. 1 and No. 2. A sound wall is also scheduled for construction fronting Washington Street in the Sagebrush, Bottlebrush, Saguaro area to be funded by the Development Impact Fee. TAMDEMCO UNCI L\2000\000815e. wpd RDA Project Area No. 1 will fund improvements for the Village Commercial area, which includes Avenida Montezuma around the existing Francis Hack Park, Calle Estado, Avenida La Fonda (from Desert Club Drive to Avenida Bermudas), and the Cove Residential area bounded by Calle Sinaloa, Eisenhower Drive, Calle Tampico, and Washington Street. RDA Project Area No. 2 will finance the Westward Ho Improvements east and west of Jefferson Street, north of the Whitewater Channel, south of Westward Ho and east of Roadrunner Lane including Vista Grande, and improvements to Sagebrush, Bottlebrush, and Saguaro. Improvements are proposed to the existing water system within the Village Commercial area, the Village Residential area, and Westward Ho. These improvements will be funded entirely by CVWD. The other items of work include proposed public sewer in all areas. All costs associated with the construction, bond issuance, debt service, trust agreement, and administrative expense for the public sewer, will be borne by the property owners benefitting from the improvements within Assessment District No. 2000-1 boundaries. 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 1998/99 through 2002/03 Five -Year Capital Improvement Program (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). AM T:\PWDEPT\COUNCIL\2000\000815e.wpd 002 On April 14, 2000, the City Council approved a Request for Proposals for construction management services for Capital Improvement Projects No. 98-19A, 98- 19B, 98-19C, 98-19D within Assessment District 2000-1 including the Village Prototypical Street; and approved the Consultant Selection Committee consisting of; the Public Works Director/City Engineer, a Senior Engineer and an Assistant Engineer II. The City Council also, authorized staff to receive proposals from qualified firms, and negotiate the terms of a Professional Services Agreement with the most qualified firm as determined by the Consultant Selection Committee. Briefly, some of the construction management duties to be performed by Berg & Associates are: • Review contract documents, plans, permit requirements. • Schedule and attend a field walk with the Inspector, Design Engineer and City representatives. • Schedule and chair a kick-off meeting with the City to discuss the proposed work plan and special concerns presented at the preconstruction meeting. • Schedule and chair a kick-off meeting with affected utility agencies. • Provide a preconstruction agenda to the City for approval, and schedule a preconstruction meeting and notify attendees. • Maintain at the project site, on a current basis: recorded copies of all contracts, drawings, specifications, addenda, change orders and other modifications in good order and marked to record all changes made during construction; shop drawings; product data; samples submittal; purchases; materials; equipment; applicable handbooks; maintenance and operating manuals and instructions; and other related documents and revisions which are relevant to the contract work. • Provide regular status reports to the City of La Quinta as required. • Review laboratory, shop and mill test reports of materials and equipment, and coordinate as required with Design Engineers. • Administer the construction contract in conformance with the requirements set forth in the Standard Specifications for Public Works Construction and the City of La Quinta. • Conduct weekly on -site construction progress meetings with Contractor, Subcontractors, City Staff, general public, business owners, and other consultants to discuss matters such as procedures, progress, problems, and 090 scheduling. Prepare and distribute meeting minutes. 003 T:\P W DEPT\CO U N C I L\2000\000815e. wpd • Monitor all inspection activities. • Maintain an open door policy and meet with the general public as needed regarding the street construction and make recommendations to address their concerns. • Coordinate submittal review with Design Engineer on an as needed basis. • Coordinate with the City Engineer and other City Departments. • Coordinate and schedule construction surveying by the City's consultant. Is Coordinate testing requirements and scheduling of materials testing by the City's consultant. • Review and analyze the Contractor's schedule (monthly), including activity sequences and duration, schedule of submittal and schedule of delivery for products with long lead time. Work with Contractor to maintain the project schedule to show current conditions and suggest revisions as required. • Prepare construction progress updates for public information in compatible digital format for incorporation into the City's internet web page. • Conduct monthly public information meetings at a site coordinated by the City, La Quinta High School or the La Quinta Senior Center. On June 23, 2000 seven work proposals were received in response to the City's Request for Proposals from professional engineering firms to provide construction management services to support Phase VI Assessment District 2000-1 improvements. The firms submitting proposals were (in no particular order): Berg & Associates Holmes & Narver Vali Cooper & Associates CALTROP Harris & Associates Gafcon/Ninyo & Moore California Infrastructure San Pedro, CA San Bernardino, CA Point Richmond, CA Palm Springs, CA Temecula, CA Indian Wells, CA Palm Desert, CA Based upon the strength of their written proposals, six of the seven candidates rated very closely and were subsequently invited to be interviewed in the next step of the evaluation process. The interview allows the consultant to make a short presentation with actual personnel proposed to provide the services and demonstrate to the committee knowledge and understanding of the scope of the project. The interview also allows the committee an opportunity to interact, through questions and answers, 091 with the proposed consultant's construction management team. T:\PWDEPT\COUNCIL\2000\000815e.wpd 004 Upon completion of all consultant interviews, the consultant selection committee determined the firm of Berg & Associates (B & A)to be most qualified to meet the City's requirements for construction management. Staff then opened B & A's sealed cost proposal and began negotiations to determine a fair and equitable cost for the professional services required. Negotiations concluded with a total contract value for all services requested of $357,558. The proposed professional services contract is included with this report as Attachment 1 . Alternatives available to the City Council include: 1. Approve a professional services agreement with Berg & Associates in an amount not -to -exceed $357,558, to provide construction management services to support Assessment District 2000-1, Project 98-19 Areas A, B, C, D and Prototypical Street Improvements; or 2. Do not approve a professional services agreement with Berg & Associates in an amount not -to -exceed $357,558, to provide construction management services to support Assessment District 2000-1, Project 98-19 Areas A, B, C, D and Prototypical Street Improvements; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vo Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese City Manager Attachments: 1. Professional Services Agreement 09f) 005 T:\PWDEPT\COUNCIL\2000\000815e.wpd ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and BERG & ASSOCIATES, INC., ("Consultant"). The parties hereto agree as follows: • ; •A4011 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Assessment District 2000-1, Project No. 98-19 Phase VI - A & B Improvements and Prototypical Street (Village Commercial and North Cove Area), Phase VI - C Improvements (Westward Ho Area), Phase VI - D Improvements (Sagebrush Drive, Bottlebrush Drive, Saguaro Drive, Date Palm Drive, and Washington Street) as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 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. 1.3 Licenses. Permits. Fees and Assessments. Except as otherwise specified herein, Consultant 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. Consultant 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. 1.4 familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, ® it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five 090 T:\PWDEPT\PROJECTS\98Prjcts\PhaseVIAssDst\Cnsltnts\BergPSA.wpd Page 1 of 8 007 Percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed THREE HUNDRED FIFTY-SEVEN THOUSAND FIVE HUNDRED FIFTY-EIGHT DOLLARS AND NO/CENTS ($357,558.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her. judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 094 T:\PWDEPT\PROJECTS\98Prjcts\PhaseVIAssDst\Cnsltnts\BergPSA.wpd Page 2 of 8 008 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. DEBORAH BERG, CEO/CONTRACT ADMINISTRATOR b. THOMAS BERG, PE/PROJECT MANAGER It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be John M. Freeland, Senior Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of 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 City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE. INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently O 9 with its execution of this Agreement, personal and public liability and property damage insurance T:\PWDEPT\PROJECTS\98Prjcts\PhaseVIAssDst\Cnsltnts\BergPSA.wpd Page 3 of 8 V09 against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents, from and against those 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 (including property owned by City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 096 T:\PWDEPT\PROJECTS\98Prjcts\PhaseVIAssDst\Cnsttnts\BergPSA.wpd Page 4 of 8 " a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant'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 Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.1 Rel2orts. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 097 7.0 ENFORCEMENT OF AGREEMENT. T:\PWDEPT\PROJECTS\98Ncts\PhaseVIAssDst\Cnsltnts\BergPSA.wpd Page 5 of 8 L 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties 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 Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 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, City may take such immediate action as 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 City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 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. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of 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. 7.5 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. 7.6 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. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 09 r T:\PWDEPT\PROJECTS\98Prjcts\PhaseVIAssDst\Cnsltnts\BergPSA.wpd Page 6 of 8 C.12 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 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 of suit from the losing party. • • _�� u• • ►•►� 6,161011TAIDENNE61,11 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of 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 affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant 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. Consultant 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. ' • RITRWR WA► • ':• •► 611 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other 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. To City: CITY OF LA QUINTA Attention: Chris A. Vogt 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: Berg & Associates, Inc. Attention: Deborah Berg 302 W. 5th Street, Suite 210 San Pedro, CA 90731 (310) 548-9292 Fax (310) 548-9195 099 T:\PWDEPT\PROJECTS\98Prjcts\PhaseV IAssDst\Cnsltnts\BergPSA.wpd Page 7 of 8 013 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect 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. 9.5 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA O.UINTA a California municipal corporation John Pena, Mayor ATTEST: June Greek, City Clerk APPROVED AS TO FORM: Katherine Jenson, City Attorney CONSULTANT By: Name: Title: Date: Date 100 T:\PWDEPT\PROJECTS\98Prjcts\PhaseVJAssDst\Cnsltnts\BergPSA.wpd Page 8 of 8 0 + Exhibit A Scope of Services Berg & Associates, Inc., shall provide professional Construction Management services to support the City sponsored construction project known as, Assessment District 2000-1, Project No. 98-19 Phase VI - A & B Improvements and Prototypical Street (Village Commercial and North Cove Area), Phase VI - C Improvements (Westward Ho Area), Phase VI - D Improvements (Sagebrush Drive, Bottlebrush Drive, Saguaro Drive, Date Palm Drive, and Washington Street). Specific services to be provide include but are not limited to; 1 . Review contract documents, plans, permit requirements. 2. Schedule and attend a field walk with the Inspector, Design Engineer and City representatives. 3. Schedule and chair a kick off meeting with the City to discuss the proposed work plan and special concerns to be presented at the pre construction meeting. 4. Schedule and chair a kick off meeting with the utilities. 5. Provide a pre construction agenda to the City for concurrence, schedule a pre construction meeting and notify attendees. 6. Provide the necessary coordination and reports to the City. 7. Maintain at the project site, on a current basis; a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction; shop drawings, product data; samples; submittal; purchases; materials; equipment; applicable handbooks; maintenance and operating manuals and instructions; other related documents and revisions which are relevant to the contract work. 8. Provide regular status reports to the City of La Quinta as required. 9. Review laboratory, shop and mill test reports of materials and equipment, and coordinate as required with Design Engineers. 10. Prepare and send a Weekly Statement of Working Days to the Contractor. 11. Monitor Contractor's certified payroll. 12. Monitor and document any underground electrical improvements for compliance with the project plans and specification and for requirements from the Imperial Irrigation District. 13. Monitor and document domestic water or sanitary sewer improvements for compliance with the project plans and specification and for any requirements from the Coachella Valley Water District. 14. Administer the construction contract in conformance with the requirements set forth in the project Plans and Specifications including any applicable Standard Specification for Public Works Construction, the City of La Quinta. 15. Conduct weekly construction progress meetings with Design Consultant, Subconsultants, Contractor, Subcontractors, City Staff, affected outside Agencies, general public, business owners, other consultants, etc. to discuss matters such as procedures, progress, problems, and scheduling. Prepare and distribute meeting minutes. 16. Monitor all inspection activities, both CITY provided and any consulted out inspections. 101 C15 17. Maintain an open door policy and meet with general public as needed regarding the street construction and make recommendations to address their concerns. 18. Prepare construction progress updates for public information in compatible digital format for incorporation into the City's internet web page. 19. Conduct monthly public information meetings at a site coordinated by the City, La Quinta High School or the La Quinta Senior Center. 20. Receive from the Contractor and process all shop drawings, project data, samples, and other submittals. Establish and implement procedures for expediting the processing and approval of submittals. 21. Coordinate submittal review with Design Engineer on an as needed basis. 22. Coordinate with the City Engineer and other City Departments. 23. Document all claims and maintain for account records. 24. Administer implementation of project's Traffic Control Plan and perform weekly review for conformance to approved plans. 25. Coordinate and schedule construction surveying by City's consultant. 26. Coordinate testing requirements and scheduling of material testing by City's consultant. 27. Review and analyze the Contractor's schedule (monthly), including activity sequences and duration, schedule of submittal and schedule of delivery for products with long lead time. Work with Contractor to maintain the project schedule to show current conditions and suggest revisions as required. 28. Recommend necessary or desirable changes in the Construction Contractor's scope of work to City. Review and evaluate Contractor's request for changes. Negotiate with Contractors and submit recommendations to City supported by field data related to any additional work. If change orders are accepted by City, prepare change orders for signature and authorization by the City. Maintain a log of change requests. 29. Create and maintain "As -Built" project schedule. 30. Review pay requests and provide recommendation for contractor payments. 31. Coordinate the transition of the project to City Maintenance. 32. Coordinate any training sessions required for City staff. 33. Conduct regular coordination meetings with property owners and business owners. 34. Provide construction management files to the City. INSPECTION (as needed) 35. Review contract documents, plans and permits. 36. Attend field walks. 37. Attend kick off meetings. 0 ti 38. Attend the Preconstruction Conferences. 016 39. Monitor and enforce construction noticing requirements. 40. Maintain field diaries (bound workbooks) during construction, including a cumulative record of quantities constructed, daily and weekly reports, working day reports, change order documentation, photographs and other documentation. 41. Monitor the contractor's fugitive dust control plan and ensure the contractor using approved haul routes and they are kept clean. 42. Insure compliance with the construction contract by continuously monitoring, evaluating, approving or rejecting the Contractor's work in accordance with the approved construction contract documents. 43. Determine that the Contractor's work is being performed in accordance with the requirements of the contract documents. Endeavor to guard CITY against defects and deficiencies in the work. As appropriate, require special inspection of testing, or, make recommendations to CITY regarding special inspection or testing or work not in accordance with the provisions of the contract document whether or not such work is fabricated, installed or completed. 44. Provide and maintain a digital ohotograohic history of the project. Photos will also be taken of the following: a. Showing existing conditions prior to construction. b. Disputed work items. c. Work that has to be duplicated, replaced or removed. d. Completed work. e. Extra Work. 45. Recordthe progress of the project. Provide daily inspection reports. Submit written daily progress reports to CITY, including information on Contractor and the entire project, showing percentages of completion. Keep a daily log containing a record of weather, Contractor's work on site, number of workers, work accomplished, problems encountered, and other relevant data. 46. During the course of construction, maintain one set of plans with markings and dimensions in red ink to denote field changes or other corrections. 47. Coordinate the transition of project to City Maintenance. 48. Maintain copies of all permits needed to construct the project and enforce special requirements of each. 49. Coordinate any training sessions required for City staff. 50. Coordinate as needed with City Public Information Office. ENGINEERING SUPPORT 1. Provide an initial review and one resubmittal of shop drawings and product data for conformance to the construction documents. 2. Provide plan revisions as required to interpret, clarify or modify the construction documents as requested by the City Engineer. CONSTRUCTION CLOSE OUT 1. The City shall administer and coordinate final inspections. The CM shall coordinate the correction and completion of the work. 103 017 2. Assist CITY in determining when the Project or a designated portion thereof, is substantially complete. Prepare for CITY a summary of the status of the work of Contractor, listing changes in the previously issued certificates of substantial completion of the work, and recommending the times within which Contractor shall complete uncompleted items on their certificate of substantial completion of the work. 3. Calculate the amount of final payment due prime Contractor. 4. Obtain evidence of certification of all lien releases. 5. Assist CITY with Filling the Project "Notice of Completion." 6. Secure and transmit to CITY, required guarantees. 7. Issue the notice of substantial completion and process the notice of completion. 8. Coordinate any startup requirements. 9. Deliver all equipment manuals, special equipment, spare parts, catalogs, and other materials required by specifications. 10. Collect all as -built data from contractors or consultants. 11. Make recommendation for the release of retention. In addition to the tasks previously referenced above the consultant shall perform all assignments and tasks relevant to the project and as specified in the consultant's work proposals dated June 23, 2000, which is embodied and incorporated into this contract by reference. 104 �18 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed THREE HUNDRED FIFTY-SEVEN THOUSAND FIVE HUNDRED FIFTY-EIGHT DOLLARS AND NO/CENTS ($357,558.00) except as specified in Section 1.6 - Additional Services of the Agreement. RATE SCHEDULE (hourly rates are fully burdened including overhead and profit); ♦ PROJECT MANAGER $125.84/HOUR ♦ OFFICE MANAGER $48.40/HOUR ♦ CONTRACT ADMINISTRATOR $133.10/HOUR ♦ INSPECTOR $67.76/HOUR All reimbursables shall be compensated at actual cost without consultant mark-up. Allowances are not -to -exceed amounts; Vehicles and Cell Phones (not -to -exceed) $ 750.00/mth/person Field Office and Utilities (not -to -exceed) $2,000.00/mth Computers (not -to -exceed) $ 200.00 Other Direct Costs (not -to -exceed) $ 100.00/mth 105 C,19 Exhibit C Schedule of Performance Consultant shall complete all services within the amount of time consistent with the construction contract time. All construction contracts are anticipated to begin concurrently and have the following durations; A & B Improvements and Prototypical Street (Village Commercial and North Cove Area), 200 consecutive calendar days; C Improvements (Westward Ho Area), 180 consecutive calendar days; D Improvements (Sagebrush Drive, Bottlebrush Drive, Saguaro Drive, Date Palm Drive, and Washington Street), 180 consecutive calendar days. 10u 020 Exhibit D Special Requirements None specified with this contract, Berg & Associates, Inc., August 15, 2000. 107 021 Tit!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 15, 2000 CONSENT CALENDAR: ITEM TITLE: Acceptance of Project No. 98-05 STUDY SESSION: City Entrance Monuments PUBLIC HEARING: Accept Project No.98-05 City Entrance Monuments, as 100% complete; and Authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and Authorize staff to release retention in the amount of $12,919.12, 35 days after recordation of the Notice of Completion. Adequate funds are available in the project budget to pay the contractor retention. The following represents the approved project budget and expenditures: Total Budget Assigned $359,713 Less Prior Expenditures ($338,896) Amount Remaining $20,817 Final Payment to Contractor $19,451 The project was originally bid with prevailing wage requirements. Therefore, there are no Charter City implications. 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. 108 T:\PWDEPT\COUNCIL\2000\000815g.wpd The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to accept this project as 100% complete and authorize the City Clerk to file a Notice of Completion. A final accounting of this Contract is as follows: Original Bid Change Order #1 - #6 TOTAL: Amount Paid to Date Liquidated Damages Total Retention: Retention to be Released Outstanding Progress Payment $257,100.00 $8,946.73 $266,046.73 ($246,596.21) $0.00 $19,450.52 $12,919.12 $12,919.12 $6,531.40 Total Remaining Fiscal Commitment $19,450.52 The alternatives available to the City Council include: 1. Accept Project No.98-05 City Entrance Monuments, as 100% complete; and authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $12,919.12, 35 days after recordation of the Notice of Completion; or 2. Provide staff with alternative direction. Respectfully submitted, ris A. Vogt Public Works Director/City Engineer Appro d for submission Thomas P. Genovese, City Manager 100 T:\PWDEPT\COUNCIL\2000\000815g.wpd 002 T4ht 4 4& Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 15, 2000 / CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel 29736, Point PUBLIC HEARING: Happy, Madison Development, Inc. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 29736, Point Happy, Madison Development, Inc. None. Parcel 29736 is located on the north side of Highway 1 1 1, west of Washington Street (Attachment 1). This Final Map creates 12 parcels (Attachment 2). The developer has requested City Council's conditional approval of the Final Map, which will allow 30 days for completion of its processing. As of August 7, 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 has been executed by the developer (Attachment 3); however, 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 (September 14, 2000), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. T:\PWDEPT\COUNCIL\2000\000815h.wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map, provide the Subdivision Improvement Agreement for execution by the City Manager, 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: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 29736, Point Happy, Madison Development, Inc.; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 29736, Point Happy, Madison Development, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt or Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 002 T:\PWDEFr\COUNCIL\2000\000815h.wpd RESOLUTION NO. 2000- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP 29736, 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 Parcel 29736 is conditionally approved provided the subdivider submits all required items on or before September 14, 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. 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. C. Has submitted to the City security in the amounts and types required by the 1 I : Subdivision Improvement Agreement. 003 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 September 14, 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 15" day of August, 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: M. Katherine Jenson City Attorney 11 004 ATTACHMENT 1 PARCEL MAP NO. 88738 'q COUNTRY CLUB DR. 10 F-: HQVLEY LN. E. z O 42ND AVE. z V) FRED WARING < DR. 0 MILES AVE. 0 U) z 0 U) ui PALM DESERT U- U- ui SITE . . . . . . . . . . . HWY ill LOCATION City of Lo Quinto VICINITY MAP NOT TO SCALE + — TO INDIO m 0 <z (L ON a (U 4 np o o 00 ^ N i ■ d 0 z va d I- a 6U0 oW¢ �U)W m mOO o z 0:a.I< m° a a a0. NFm NZ r z ova w o Z = U) F u i a0, UU p F JWW VFn V)r4 a 0:W 14 J aZ0 0 � �� Wa �W0o Q W. Uj A 3 QO c� � 0 z amo 0 a a _ ATTACHM x Ali Ra h w� Ia aQ� 8 gmR, W hid p� Pi Bill oC„� W3 Id m a go oil a� -� Ise., � s1,L I I Ik sErM �8, ■ M t Ig i 7G p Z g , lip z Rep I W i 501 W VIw Ybs0 Roll d u IN R 3 ba $ Us! 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SVI a LL - lL / E[l '6'W'd 9 9 9 9 Z 4 N d H W J/ 117 CITY OF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT Parcel Map 29736 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 , by and between Madison/PTM La Quinta, LLC, a California Limited Liability Company, 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 Parcel Map 29736 (the "Parcel Map") 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. 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. 110 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\PM29736.wpd Page 1 1,61 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 cant' out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) 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:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\PM29736.wpd Page 2 nfy I 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. 1' T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\PM29736.wpd Page qb 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 �'2� been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\PM29736.wpd Pagr q 6q 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 parry 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. .122 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\PM29736.wpd Page 5 061 4 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 Title By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 760/777-7075 Date Madison/PTM La Quinta, LLC 938 N. Mountain Ave. Ontario, CA 91762 (909)933-9118 P7/,V Date Date Date Date 12 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\PM29736.wpd Page 6o15 Exhibit A SECURITY - PARCEL MAP 29736 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 orwill 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 5,250 5,250 Streets and Drainage 170,500 170,500 Water 125,720 125,720 Sewer 60,030 60,030 Dry Utilities 30,000 30,000 Monumentation 25,000 0 Construction Subtotal: $416,500 $391,500 Engineering & Plans (35% of Construction) 145,775 Total: $562,275 .124 016 State of California County of Riverside On August 7, 2000 before me, Regenia Hensley Notary Public, personally appeared Luther R. Wilkerson , proven 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 executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. P, (Seal) REGENIA HENSIEi. CAxmniuion #1107W1 Riverside C61M Y MY Conan. Fxpies 11ue 7. Document Description: Subdivision Improvement Agreement - Parcel Map 29736 Number of Pages: Six (6) - not including Exhibit A and acknowledgment page 1 20 T4t!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 15, 2000 CONSENT CALENDAR: �a-- ITEM TITLE: Acceptance of Project No. 98-09, STUDY SESSION: Washington Street Bridge Improvement Project PUBLIC NEARING: Increase the appropriation to Coachella Valley Water District (CVWD) by $63,068.97 to reflect the actual costs associated with the domestic water line upgrades; Decrease the appropriation to Imperial Irrigation District (IID) by $37,832.00 to reflect the actual cost of IID generated electrical items; Accept Project No. 98-09, Washington Street Bridge Improvement Project as 100% complete; Approve Contract Change Order No. 5 (quantity adjustments) in the amount of $90,535.97 and Contract Change Order No. 6 (liquidated damages) in the amount of ($16,500.00); Authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and Authorize staff to release the retention security within the project escrow account in the amount of $258,351.72, 35 days following the recording of the Notice of Completion. Adequate funds are available within the project budget to close out this project. The project funding has been adjusted to reflect the actual reimbursement amounts anticipated from the Coachella Valley Water District (CVWD) and the Imperial Irrigation District (IID). The following represents the project's adjusted funding: 10 �. U T:\PWDEPnCOUNCIL\2000\000815b.wpd Account No. 401-000-466-496 401-000-466-482 Funding Source CVWD Approved Funding $ 50,000.00 $150,000.00 Adjusted Funding $12,168.00 $213,068.97 Difference ($37,832.00) $63,068.97 TOTAL: $200,000.00 $225,236.97 $25,236.97 Considering the funding adjustments for CVWD and IID reimbursable costs, the following represents the current status of the project budget: Total Available Funding: $3,328,014.97 Total Expenditures to Date: $3,180,563.39 Remaining Project Balance: $147,451.58 Final Progress Payment to Contractor: $129,366.17 The construction portion of this project is now complete. The only outstanding contract is associated with the professional services being provided by Holmes and Narver for construction management. Staff is reviewing the final costs submitted by the consultant for additional services provided due to the construction contract time overrun. If necessary, staff will be prepared to address any additional costs associated with the close-out of the construction management contract at a future City Council meeting. The original contract awarded to E.L. Yeager Construction Company, Inc. included funding from the State and Local Transportation Partnership Program (SLTPP). Therefore, prevailing wages were required. For this reason, there were no charter city implications. This project provided for the widening of Washington Street from 500 feet south of the La Quinta Evacuation channel to Avenue 50, including the widening of the existing bridge across the channel from 40 feet to 96 feet. On June 22, 1999, the City Council awarded a contract to E. L. Yeager Construction Company, Inc. in the amount of $2,428,700.05 to construct Capital Improvement Project 98-09, Washington Street Bridge Widening, and approved the execution of a reimbursement agreement between the Imperial Irrigation District (IID) and the City for costs of certain improvements requested by IID. 127 T:\P WDEPT\COUNCIL\2000\000815b.wpd On June 22, 1999, a Study Session was conducted to discuss the sound attenuation along Washington Street fronting the Montero Estates tract. The analysis was completed by Gordon Bricken & Associates, and the report was transmitted to the City Council on June 11, 1999. On December 7, 1999, the City Council appropriated an additional $244,900.00 from City Infrastructure Funds for use as contingency for this project and approved Contract Change Order No.1 to provide and install rubberized asphalt on Washington Street, north and southbound lanes, from 320' south of the bridge to 1450' north of Avenue 50 (along the frontage of Montero Estates) and on Avenue 50 from 400' east of Washington Street to 900' west of Washington Street to E. L. Yeager for Project 98- 09, Washington Street Bridge Widening, in an amount not -to -exceed $131,383.00 and added 10 working days to the Contract. On June 6, 2000, the City Council approved Contract Change Order No. 4 to provide and install rubberized asphalt on the Washington Street Bridge, north and south bound lanes, from Station 37 + 25 to Station 41 + 50, to E.L. Yeager for Project 98-09, Washington Street Bridge Widening, in an amount not to exceed $53,610.00 and add 40 calendar days to the Contract. Contract Change Order (CCO) No. 5 (Attachment 1) includes an increase in bid item quantities in the amount of $90,535.97. This change order accounts for various bid items that were over or under the quantity specified within the original bid schedule. Typically, the final quantities are not submitted by the contractor until project close- out. Contract Change Order No. 6 (Attachment 2) decreases the contract amount due to liquidated damages (33 calendar days at $500.00 per day) in the amount of ($16,500.00). The net amount of CCO No. 5 and CCO No. 6 is $74,035.97. The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to accept this project as 100% complete and authorize the City Clerk to file a Notice of Completion. 128 003 T: \P W DEPTICOUNCIL\2000\0008 l 5b. wpd A final accounting of this Construction Contract is as follows: Original Bid $2,428,700.05 Change Order No. 1 $131,383.00 Change Order No. 2 $8,747.34 Change Order No. 3 $16,415.97 Change Order No. 4 $53,610.00 Change Order No. 5 (Quantity Variation) $90,535.97 TOTAL: $2,729,392.33 Amount Paid to Date ($2,583,526.16) Liquidated Damages (Change Order 6) ($16,500.00) Final Progress Payment Due Contractor: $129,366.17 0, 01IN-11111111 , The alternatives available to the City Council include: 1. Increase the appropriation to Coachella Valley Water District (CVWD) by $63,068.97 to reflect the actual costs associated with the domestic water line upgrades; decrease the appropriation to Imperial Irrigation District (IID) by $37,832.00 to reflect the actual cost of IID generated electrical items; accept Project No. 98-09, Washington Street Bridge Improvement Project as 100% complete; approve Contract Change Order No. 5 (quantity adjustments) in the amount of $90,535.97 and Contract Change Order No. 6 (liquidated damages) in the amount of ($16,500.00); authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release the retention security within the project escrow account in the amount of $258,351.72, 35 days following the recording of the Notice of Completion; or 129 004 T: \P W DEPT\COUNCIL\2000\000815b. wpd 2. Do not Increase the appropriation to Coachella Valley Water District (CVWD) by $63,068.97 to reflect the actual costs associated with the domestic water line upgrades; do not decrease the appropriation to Imperial Irrigation District (IID) by $37,832.00 to reflect the actual cost of IID generated electrical items; do not accept Project No. 98-09, Washington Street Bridge Improvement Project as 100% complete; do not approve Contract Change Order No. 5 (quantity adjustments) in the amount of $90,535.97 and Contract Change Order No. 6 (liquidated damages) in the amount of ($16,500.00); do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and do not authorize staff to release the retention security within the project escrow account in the amount of $258,351.72, 35 days following the recording of the Notice of Completion.; or 3. Provide staff with alternative direction. Respectfully submitted, Z� /i7---- Chris A. Vog Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Contract Change Order No. 5 2. Contract Change Order No. 6 130 P05 T: \P W DEP'nCOUNCIL\2000\0008 l 5b. wpd U rY Tit,, 4 4 QuAro 5 OF 9ti CONTRACT: CONTRACTOR: Washington Street Bridge Widening Improvement E. L. Yeager Construction Company, Inc. P. O. Boa 87 Riverside, California 92502-0087 ATTACHMENT 1 Sheet 1 of 4 PROJECT NO. 98-09 CONTRACT CHANGE ORDER NO. 5 ***************************xxxxxxxx*xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 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. ***************************xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx DESCRIPTION OF CHANGE : Quantity Variations are the difference in final quantities less estimated quantities. The summation of the unit prices bids multiplied by the final quantities placed has resulted in an increase or decrease in the Contract amount. A summary of the quantity variations, increases and decreased has resulted in an total increase of $90,535.97 to the Contract amount. See attached Project Close Out Report. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED $90,535.97 *******************x***********x*****xxxxxxxxxxxxxx*xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Previous Contract Amount Through Change Order No. _4_ $ 2,638,856.36 Add This Change Order $ 90-535.97 Revised Contract Total $ 2,729,392.33 By reason of this contract change order the time of completion is adjusted as follows: - 0 - days added/ deleted to contract time. The revised contract completion date shall be: 5/06/2000 ***************************************x*******x*****xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Submitted By: Date: Approved By: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.****xxxxxx*xxxxxxxxxxxxxxxxxxxxxxxxxxxxx We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Contractor: &"L Title: Date• 131 T'TMer11PRo1HCf3�9"ctsN9809Wmh-Bndocoro UCUWk=5LWrD 007 8888h88888848888R 888888 88888888 888 8SR$R$Si88� r�i . on Se veoig �onoo:—r^=e :va:»ei� $ in•�=r .ri o:--n r r O U e 'w U e 88$ 8 8 8 R�b1R 88 8� 8 dr+8.n 8 S $8 R 8 S 8 8888- xi5i5ibibl 8 8 �8888888 8 8 8 8,y gSR erg $^ S x�9! 8.gF, fin wR8& 8n5ibiRRa5i518 NbiAR �A r U Z e a rrr�„�a$��«x���'�7n�nn g�n�+r .�in�;,n r r am• r gov�.'ie�3nS�,jaZ� YY R C W •� w 000�o�'o��«�Re«�-� �^,�000 o $oee000e roo 7Rm�;-°_-••My^ Ua •� 8888R8$8888888888{ 888$8 888888888 "90r 88$ 888888888h R n$ Y� P n O r r e+ r _ � _ ^ $ R ^ R N r - M•''{��{{��i^i^�� �. M M M N M M M N N M M M � N M N N N N N N N N M N N M N M Np M Me M Mpp N M p p p pM p p p p p p p p e d e e e o e p d d d d 9t 8 $ »» N M N N N N N N N N N N N N N N N N N N N N N N N N N ««« N N N N N N N N N N :::: 88888888888n8888$ 88888i 888888888 888� 85i8�88.88$88� .ri $::'`: �`. N N N N N N. 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Q F «p �i v� O S~ f•1 n f e i N Q F Q$ R_ 22 O„ I'� N M N N N N N N N N N N N N N N N N N N N N N N N N N N N N M N N N N N N N N N N N N N N ��`'�R88R888N KR 88 88888888888888$88$$888888 :«^1RR en 88888888Q88888gg8 N L �;.;': .. •;=RR=R8R##" o ocifeiF 8" $ 8888888888s888R.888888888'�" «n5:It � r eaeRrrm�Rn^.^r^ $ta l4$8888 8888888g t N N N N M N M N N N M N N N N N N M , M N M N N N M N M N M N N N .dyy 41 .i {� (1i ftS Yi i11 its Y.1 47 N n.l 0 .] M {<O [t5 {<p f �1 ..1 .i !� !J U U •7 ..1 U U vk'1 m N W ; . N P f� p V — n f P h« f N P f f«q 8 •r n �O (N•1 H O Ie'1 IV V� '� O P „N p Gi n a �p R C: Z F a fit 2 -.aa� It a x v � e � � $i � « Lei .fn n .pi .rn vmi vPi $ v 9 Q :9 T iz R PIX P ;e 133 v09 888888888$ 8��8 Q U a fz N M N N N N N N N M N N M M N U 6 $^ $$$ pp 8$ 8$ pp g 8 a eqn a U »N»» C C � - O� K C W C O o' � U ���'���assaasgag 8;�s :X7:1 M N N N 'M NN M pN ppN pN pN pM pN a. tN� pN Rard'3� WEn : N M N N N N N M � N M N N M p p Wo w N w N N N N N w M raw aiaeo�Q�.i � w .Z: N N fts».. qY» mw mmN mw yyN (4aN, yy yy qy Ecqq <���axsssaax� 13 `t 010 ATTACHMENT 2 v 5 w� OF f9 CONTRACT: CONTRACTOR: Washington Street Bridge Widening Improvement E. L. Yeager Construction Company, Inc. P. O. Box 87 Riverside, California 92502-0087 Sheet 1 of 1 PROJECT NO. 98-09 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. ***a*********aa*aaaaa*a**aaaa****Jtaa******Jx**a**aa***a********a*************************** DESCRIPTION OF CHANGE :Based upon the stipulated 180 consecutive days length of construction, and 63 days time extension for weather delays and additional work, all contract work was not completed before the expiration of the time limit set forth. The contract was considered substantially complete 33 days behind schedule. Therefore, in accordance with Section 1400 - General Conditions, paragraph 6.5 " Liquidated Damages", The City is entitle to 500.00 per day for 33 additional construction days, resulting in a deduction of $ 16,500.00 to the contract amount. This CCO includes all profit and bond. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED ($16,500.00) Previous Contract Amount Through Change Order No. _5_ $ 2,729,392.33 Add This Change Order $(16,500.00) Revised Contract Total $ 2,712,892.33 By reason of this contract change order the time of completion is adjusted as follows: - 0 - days added/ deleted to contract time. The revised contract completion date shall be: 5/06/2000 ***a*+t*atta*a**a**aa*****aa*a***a*aa*a**a**a**a****a***aa*a*****s**a**a*aaa**+ea*as*aa**x*aa 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 all direct and indirect overhead expenses for any delays. --I Accepted By: Contractor: Title: ee-� 4;n IF Date: _J��1,r�o 13 T:\PWDEPTPROJECM98RjN\9909W WMBndgdCauW Ilion\CC06LWPD ri l T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: August 15, 2000 ITEM TITLE: Acceptance of Improvements Associated with Tract 23935-4, Century Homes AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 10 STUDY SESSION: PUBLIC NEARING: Accept improvements to Tract 23935-4 and authorize staff to release security upon receiving warranty security. Acceptance of the improvements will impact the General Fund as follows: Maintenance and street sweeping is estimated to be $400 annually. Maintenance on the perimeter landscape is estimated to be $1,313 annually. None. This Century Homes subdivision is located south of Miles Avenue and east of Adams Street (Attachment 1). All improvements are now complete and other obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a spreadsheet indicating security to be released after the City receives the warranty security. The alternatives available to the City Council include: 1 . Accept improvements to Tract 23935-4 and authorize staff to release security upon receiving warranty security; or 2. Provide staff with alternative direction. 13G T:\PWDEPT\COUNCIL\2000\000815i.wpd Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Security Outline T:\PWDEPT\COUNCIL\2000\000815i.wpd 002 ATTACHMENT W co 0 Q VICINITY MAP NO SG4LE 0 13S 004 ATTACHMENT 2 TRACT 23935-4 Performance Payment Warranty Improvement Security Security Security Grading $82,800 $41,400 $8,280 Streets $157,400 $78,700 $15,740 Sewer $42,600 $21,300 $4,260 Water $82,600 $26,300 $5,260 Electrical $1 12,000 $ 56,000 $1 1,200 Perimeter Wall & Landscape $62,600 $31,300 $6,260 Monumentation $2,700 $0 $0 $512,700 $255,000 $51,000 Release performance security when warranty security is received. Release payment security in 90 days (November 15,2000). Release warranty security in one year (August 15, 2001). 130 005 T:\PWDEPT\COUNCIL\2000\000815i.wpd T4'it 4 4Q" COUNCIL/RDA MEETING DATE: August 15, 2000 ITEM TITLE: Approval to Reject the Bid from Granite Construction for the Utility Undergrounding in Phase VIA -Village Commercial (Modified) and Phase VIC - Westward Ho AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 1.41 � STUDY SESSION: PUBLIC HEARING: Reject the bid from Granite Construction for the utility undergrounding in Phase VIA - Village Commercial (modified) and Phase VIC - Westward Ho. None. None. At the June 6, 2000 City Council Meeting, the City Council adopted Resolution No. 2000-53 declaring the City's intent to order the construction of certain improvements and to form Assessment District 2000-2 (Utility Undergrounding), Resolution No. 2000-54 preliminarily adopting, confirming, and approving the Engineer's Report and appointing a time and place for hearing protests in regard to improvements in the proposed Assessment District 2000-2 (Utility Undergrounding) and approved the plans and specifications and authorized staff to bid the improvements for the utility undergrounding. On June 9, 2000, the Engineer of Record mailed ballots to all of the property owners affected by proposed Assessment District 2000-2. The Engineer's Report that was previously completed and preliminarily approved by the City Council was based on Engineer's estimates for the construction costs and soft costs for placing overhead utilities underground in Phase VI A (modified) and Phase VI C. 140 T:\PWDEPT\COUNCIL\2000\000815a.wpd On July 24, 2000, advertised bids were opened for the undergrounding of overhead utilities within proposed Assessment District 2000-2. Granite Construction Company was the only bidder on the project. The total amount of work bid by Granite Construction Company for the utility undergrounding in Phase VIA - Village Commercial (modified) and Phase VIC - Westward Ho was $1,924,045. The Engineer's estimate for the construction work that was utilized in estimating the Preliminary Engineer's Report dated June 2, 2000 was $822,598. Therefore, the proposed assessments had a shortfall in construction funding of over $1,100,000. With the extension of the soft costs including construction engineering, construction administration, contingencies, permit fees, bonds, and general incidentals including all costs required for the establishment of an assessment district and the sale of bonds, a shortfall exists in excess of $1.6 million. On August 1, 2000 at 7:00 p.m., the City Council conducted a Public Hearing in the City Council Chambers to receive comments relative to the Resolution, the Engineer's Report, and the proposed Assessment District No. 2000-2. Ballots were received up to 5:00 p.m. on August 1, 2000. The assessment engineer counted and confirmed all ballots and reported the results to the City Council during the Public Hearing. The vote was based on a weighted value of each assessed property based on the dollar amount of the assessment. The result of the balloting indicated a 57.14% in favor of the assessment district and a 42.86% in opposition. These percentages included the positive vote by the Redevelopment Agency for the RDA's parcels within the Village Commercial Area. The percentage of votes without the RDA's vote indicated approximately 54% in favor of the proposed assessment district and 46% in opposition. There was approximately 50% return of all ballots. At the close of the Public Hearing, the City Council unanimously voted not to proceed with proposed Assessment District 2000-2 (Utility Undergrounding). The City Council also directed staff to proceed with all of the approved Phase VI improvements including road improvements, curb and gutter, sidewalks, water improvements, sewer improvements, and the Prototypical Street out of Phase VIA - Village Commercial, Phase VIB - Cove Residential, Phase VIC - Westward Ho, Phase VID - Saguaro, Sagebrush, Bottlebrush. 141 T:\PWDEPT\COUNCIL\2000\000815a.wpd The alternatives available to the City Council include: 1. Reject the bid from Granite Construction for the utility undergrounding in Phase VIA - Village Commercial (modified) and Phase VIC - Westward Ho; or 2. Provide staff with alternative direction. Respectfully submitted, Chris A. Volt Public Works Director/City Engineer Approved for submission b zv_-r�� l Thomas P. Genovese, City Manager 1.47 003 TAMDEMCOUNCIL\2000\00081 5a.wpd U � i4w OF TNAGENDA CATEGORY: COUNCIL/RDA MEETING DATE: August 15, 2000 Approval of Request by the Cultural Arts Commission to Utilize the Council Chambers for the Cultural Symposium on November 4, 2000 RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: I 6 STUDY SESSION: PUBLIC HEARING: Approve a request by the Cultural Arts Commission to utilize the Council Chambers for the Cultural Symposium on November 4, 2000 from 12:00-5:00 p.m. FISCAL IMPLICATIONS: This is a function of the City's Cultural Arts Commission and City staff will be in attendance as support staff to the Commission. Additional staffing will not be required to open or lock the facility. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Cultural Arts Commission is planning a Cultural Symposium for November 4, 2000. This event has been approved in the 2000-01 Cultural Arts Commission Work Plan by the City Council at the July 5, 2000 City Council meeting. An amount of $3,000 has been allocated in the Community Services Department Fiscal Year 2000- 01 budget for this event. The Symposium will include panel discussions regarding the importance of the arts in the community. Several local elected officials, as well as internationally recognized speakers, have been invited to attend this event. The Cultural Arts Commission would like to host the discussions in the Council Chambers. The Courtyard will also be used for refreshments and a reception. The City's policy of no food or drinks in the Council Chambers will be upheld during this event. Should inclement weather occur, the reception will be held in the lobby area of City Hall. 143 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a request by the Cultural Arts Commission to utilize the Council Chambers for the Cultural Symposium on November 4, 2000 from 12:00-5:00 p.m.; or 2. Do not approve the request by the Cultural Arts Commission to utilize the Council Chambers for the Cultural Symposium on November 4, 2000 from 12:00-5:00 p.m.; or 3. Provide staff with alternative direction. Respeptfully sLIbmitted, �Iw UcX Dodie Horvitz, CornXpunity Services Director Approved for submission by: Thomas P. Genovese, City Manager 144 002 S:\Community Services\CCReports\CC.061.wpd Sk' OF TKO 9� COUNCIL/RDA MEETING DATE: August 15, 2000 ITEM TITLE: Consideration of Joining Amici Curiae Brief In Support of County of Sonoma In County of Sonoma vs. California Department of Finance, 1 Civ. No. A089524, Regarding ERAF Property Tax Issues RECOMMENDATIONS: AGENDA CATEGORY: BUSINESS SESSION: i CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City to join in the amici curiae brief in support of the County of Sonoma in County of Sonoma vs. California Department of Finance, 1 Civ. No. A089524, regarding ERAF property tax issues. FISCAL IMPLICATIONS: If the case is affirmed on appeal, California cities and counties may have an opportunity to seek reimbursement for property taxes which have been shifted into the Educational Revenue Augmentation Fund (ERAF). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: County of Sonoma vs. California Department of Finance involves an important "test case" brought by the Sonoma County and others relating to the ERAF. The plaintiff entities are seeking reimbursement relating to fiscal year 1996-1997 for property tax revenues shifted away from the plaintiffs and into the ERAF pursuant to the procedures codified in Revenue and Taxation Code sections 97.2 and 97.3. The counties contend, and the trial court agreed, that the ERAF shift constituted a reimbursable state mandate within the meaning of the California Constitution. The trial court found that the shift is a reimbursable mandate because it compelled local agencies to accept financial responsibility for a previously state -funded program under 145) Proposition 98. The state's position is that Proposition 13 gives the state plenary authority over local property tax revenues. Since its inception, the ERAF shift has deprived local governments of more than $25 billion. For cities, the annual value of this shift in 1999 alone was $548 million. On or about June 21, 2000, an amicus (friend of the court) brief was filed on behalf of over 150 cities in support of the counties' position. The brief highlighted the importance of enforcing Proposition 4's mandate reimbursement requirement, given California's longstanding constitutional tradition of preserving separation between state and local finances. Even though the brief has been filed, cities may still join it. The attorney who filed the brief has offered to supplement the list of cities joining the brief as additional cities authorize their names to be added in support. A listing of the cities who have joined the brief to date is attached hereto as Attachment 1. A draft letter requesting that the City's name be added to the brief is attached hereto as Attachment 2. Briefs of this nature are given more weight by the appellate court when large numbers of cities have joined. Given the importance of this issue, we believe it would be worthwhile for the City to add its support to the County of Sonoma's position. FINDINGS AND ALTERNATIVES: 1. Authorize the City to join the amici curiae brief in support of County of Sonoma in County of Sonoma vs. California Department of Finance, 1 Civ. No. A089524, regarding ERAF property tax issues. Do not authorize the City to join the amici curiae brief in support of County of Sonoma in County of Sonoma vs. California Department of Finance, 1 Civ. No. A089524, regarding ERAF property tax issues. 3. Provide staff with alternative direction. Resp9gtfully submitted, M. Katherine Jens City Attorney Approved for submission b , Thomas P. Genovese City Manager Attachments: 1. List of cities which have joined the amicus brief 2. Proposed letter adding City's name to amicus brief 14 00? EXHIBIT A [From Brief) ATTACHMENT 1 The following list is a current list of California cities requesting leave to file the attached amicus curiae brief in support of Respondent COUNTY OF SONOMA: Alameda Lakeport Ross Alhambra Lakewood Sacramento Avalon Lancaster San Anselmo Bakersfield Lathrop San Bernardino Barstow Lawndale San Bruno Belvedere Lemoore San Buenaventura Benicia Lindsay San Carlos Berkeley Long Beach San Diego Brentwood Loomis San Dimas Burlingame Los Altos San Gabriel Calif Contract Los Angeles San Leandro Cities Assn. Los Banos San Luis Obispo Carlsbad Madera San Marcos Chula Vista Menlo Park San Mateo Clovis Merced San Pablo Coalinga Modesto Santa Barbara Colfax Monrovia Santa Cruz Concord Montclair Santa Paula Corte Madera Monterey San Rafael Cotati Moreno Valley Santa Rosa Cypress Morro Bay Seal Beach Del Mar Mountain View Sebastopol Dixon Napa Sierra Madre Dublin Needles Signal Hill Firebaugh Nevada City Sonoma Fortuna Newark South San Francisco Fresno Novato St. Helena Garden Grove Oakland Stockton Gilroy Oceanside Sunnyvale Glendale Pacific Grove Taft Half Moon Bay Pacifica Tehachapi Hawthorne Palm Desert Temple City Hayward Palm Springs Thousand Oaks Hemet Piedmont Torrance Hollister Pinole Tracy Hughson Placentia Twentynine Palms Huntington Beach Pleasanton Vacaville Indian Wells Rancho Santa Margarita Victorville Inglewood Redding Wasco Jackson Redlands Waterford Kerman Redondo Beach Westminster La Puente Redwood City West Sacramento La Verne Reedley Willits Lafayette Rio Vista Woodland Laguna Beach Rohnert Park Yreka Lake Elsinore Rosemead Lake Forest Roseville 141 004 Attachment 1 EXHIBIT A [From Supplemental Letter to Court] SUPPLEMENTAL LIST OF CALIFORNIA CITIES REQUESTING LEAVE TO FILE THE AMICUS CURIAE BRIEF IN SUPPORT OF RESPONDENT COUNTY OF SONOMA American Canyon Lompoc Azusa Marysville Banning Millbrae Buellton Mill Valley Burbank Moorpark Camarillo Palos Verdes Estates Claremont Pismo Beach Clayton Port Hueneme Colton Riverside Dunsmuir Salinas El Cerrito San Clemente Escondido San Joaquin Eureka San Marino Fairfield Saratoga Fremont Sausalito Independent Cities Town of Tiburon Association Walnut Creek La Habra Whittier Lodi Yuba City 143 009 ATTACHMENT 2 DRAFT LETTER VIA FACSIMILE AND FIRST CLASS MAIL Leland Dolley, Esq. City Attorney, Alhambra Burke, Williams & Sorenson, LLP 611 West 6th Street, Suite 2500 Los Angeles, CA 90017 Re: County of Sonoma v. Commission of State Mandates, No. SCV-221243 (Sonoma County Superior Court, October 13, 1999); 1 Civ. No. A089524, Authorization to Add City of La Quinta to Amicus Curiae Brief Dear Lee: Pursuant to the City's policy regarding joinder in friend -of -the court briefs, you are authorized to add the City of La Quinta to the friend -of -the -court brief you are preparing in the above matter. The City understands that you have prepared this brief on a pro bono basis under the supervision and guidance of an attorney from the League of California Cities' Legal Advocacy Committee. The City further understands there will be no cost to the City associated with joinder in this brief. This authorization extends only to adding the City's name to a supplemental list of California cities requesting leave to file the amicus brief you have submitted in the above case. You will need to get supplemental authorization to add the City's name to any further briefing efforts. Moreover, under the Council's policy regarding amicus briefs, this authorization must be affirmatively expressed. Thank you for your advocacy efforts on behalf of public agencies in this matter. cc: Thomas P. Genovese, City Manager Very truly yours, RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney, City of La Quinta 143 nit' Attachment 2 T4'y,, 4 atP Qum& COUNCIL/RDA MEETING DATE: Consideration of Community Services Grant Requests RECOMMENDATION: August 15, 2000 As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The Special Project Contingency Account #101-251-663-000 has an uncommitted balance of $67,000 as of this report, as provided in Attachment 1 . CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the November 2, 1999 City Council meeting, the City Council approved changes to the Community Services Grant process (Attachment 2). The changes were implemented per City Council direction. Change #3 to the process states that the Community Services Grant (Grants) requests will be reviewed by the City Council on a quarterly basis. The first meetings of August, November, February and May have been designated for review of the Grants received. Due to staff availability, the Community Services Grant requests received this first quarter of Fiscal Year 2000-01 are being submitted for City Council consideration at the second City Council meeting in August. Four requests have been submitted for City Council consideration as of this report: 1 . Desert Council on Aging, which provides the Meals on Wheels Program, requested funds to assist in cost of delivery of meals, as well as funds for financial subsidy for low income program participants (Attachment 3). The delivery charges are imposed by the Foundation of the Retarded for the Desert (Foundation) where the meals are prepared for the La Quinta Senior Center. As of April 1, 2000, the Foundation began charging the Meals on Wheels program $10.00 per day to deliver the meals to the Senior Center. Once the meals are delivered to the Senior Center, Meals on Wheels 11-10 volunteers deliver the meals to program participants. At the April 4, 2000 City Council meeting, the Meals on Wheels program was granted $650 from the Special Projects Contingency Account to cover the delivery costs through the month of June 2000 (Attachment 4). The Meals on Wheels program used $640 of the total funding, and $10.00 was returned to the City by the program on July 3, 2000. The Desert Council on Aging had requested that various community service clubs assume responsibility for the Meals on Wheels program. As of this date, a civic sponsor has not been found. The Desert Council on Aging will continue offering the program, however, the organization cannot cover the cost of the delivery charge established by the Foundation. A Community Services Grant request is being solicited in the amount of $2,500 for delivery fees. An additional $1,500 is being requested to be provided as a subsidy to cover a portion of the $5.15 per two meals delivered by Meals on Wheels to those program participants that may need financial assistance. The total grant request from the Desert Council on Aging is $4,000. 2. The La Quinta Arts Association (Association) has requested $9,600 to offset the cost of providing their service to the community (Attachment 5). The funds will be used for advertising the Association's gallery and purchasing liability insurance to cover the City owned facility which the Association leases from the Chamber of Commerce. The Association received a Community Services Grant in the amount of $4,000 on July 20, 1999 (Attachment 6) to cover the cost of liability insurance and minor maintenance projects at the facility. 3. Soroptimist of La Quinta is requesting $4,070 to be applied toward the facility use fees to use the La Quinta Senior Center for the club's weekly meetings (Attachment 7). The Soroptimist club would like to use the La Quinta Senior Center every Tuesday morning, beginning in September for their weekly meetings. The City's established Facility Use Fee for this request is $1 10 per week. The Soroptimist club is requesting a Community Services Grant to offset the facility use fee. 4. The American Cancer Society (Society) is hosting a "Relay for Life" event to be held at the La Quinta High School track on October 14 and 15, 2000. This event is designed to raise funds for services for residents of the Coachella Valley (Attachment 8). The Society has provided a Sponsorship Menu of Opportunities, as provided on page 88 of this report. Each sponsorship opportunity provides a level of recognition, and is described in additional detail included on pages 89 through 94. In addition to the requests outlined above, the City Council may also wish to consider allocating funds from the Special Projects Contingency Account for the Triangular Adoption Program. The City Council approved the City's participation in the Triangular Adoption program at the October 5, 1999 Council meeting (Attachment 9). The Triangular Adoption Program is a program wherein the City of La Quinta "adopts" a military command from the Marine Base in Twentynine Palms. 001Jr , � The command "adopts" the fourth grade classes at Adams Elementary School and provides a mentoring program, as well as educational exchanges with the students. The City Council had allocated $2,200 from the Special Projects Contingency Account for the Triangular Adoption Program during Fiscal Year 1999-2000. The principal of Adams Elementary School has determined that in order to gain the most educational experience from this program, it would best serve the students to begin the program near the start of the school year. Therefore, the allocated funds from Fiscal Year 1999-2000 were not spent and not carried over. The command has invited the students to visit the Marine Base in Twentynine Palms. Desert Sands Unified School District cannot send school buses to Twentynine Palms during a school day, as the buses are needed for the regular school routes. In order to transport 120 students to Twentynine Palms, charter buses will need to be contracted. The cost for each bus is approximately $700 for the one day event. It is anticipated that two buses would be needed. A total of $1,400 would be needed for transportation costs. Mr. Walter McIntyre, the Triangular Adoption Program coordinator has suggested that the City host a meal for the Marines when they visit Adams School. It is anticipated that approximately 25 Marines would visit the school twice a year. The estimated cost for a catered event in the Courtyard of City Hall for 40 people (25 Marines plus City Council members and school personnel) is $1,000 for each event, for a total of $2,000. Mr. McIntyre also recommends that the City give each "Marine of the Quarter" a plaque as recognition for this honor. It is estimated that each plaque would cost $60 for a total of $ 240. The total cost of the Triangular Adoption Program is estimated to be $3,640. The City Council may direct the use of the Special Projects Contingency Account to fund this program or the school grant funding allocated for Adams Elementary School may be directed toward this program. The Adams Elementary School Grant program has $2,000 allocated this fiscal year (The school grant program has been placed on hold dependent upon future Council action regarding school funding). The remaining $1,640 could be funded through the Special Projects Contingency Account. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize a Community Services Grant request from the Special Projects Contingency Account for the following programs for the full amounts requested: Meals on Wheels Program in the amount of $4,000 and/or La Quinta Arts Association in the amount of $9,600 and/or La Quinta Soroptimist Club in the amount of $4,070 and/or Triangular Adoption Program in the amount of $3,640; or 003 152 2. Authorize a Community Services Grant request from the Special Projects Contingency Account for the following programs in an alternate amount: Meals on Wheels Program and/or La Quinta Arts Association and/or La Quinta Soroptimist Club and/or Triangular Adoption Program; or 3. Authorize a "Relay for Life" sponsorship in an amount to be determined; or 4. Do not authorize a "Relay for Life" sponsorship; or 5. Provide staff with alternative direction. Respectfully sYbmitted, odid Horvitz Attachments mmunity Services Director Approved for submission by: Thomas P. Genovese, City Manager 1. 2000-01 Community Services Grant Balance 2. Minutes of the November 2, 1999 City Council Meeting 3. Community Services Grant Application from the Meals On Wheels Program 4. Minutes of the April 4, 2000 City Council Meeting 5. Community Services Grant Application from the La Quinta Arts Association 6. Minutes of the July 20, 1999 City Council Meeting 7. Community Services Grant Application from Soroptimist of La Quinta 8. American Cancer Society's Relay for Life Information 9. Minutes of the October 5, 1999 City Council Meeting 004 S:\Community Services\CCReports\CC.059.wpd 1 5 v Community Services Grants Fiscal Year 2000-01 Account # 101-251-663-000 Beginning Balance ATTACHMENT 1 $67,000 1�5 4 00 ATTACHMENT 2 City Council Minutes 4 November 2, 1999 BUSINESS SESSION 1. CO INUED CONSIDERATION OF A RECOMMENDATION OF THE HISTORIC PRESE ATION COMMISSION FOR THE ALLOCATION OF FUNDS AN AMOUNT OT TO EXCEED $10,000 TO HIRE A CULTURAL RESOURCES CONSULTA TO PREPARE GUIDELINES FOR THE CURATION OF ARCHAEOLOGI L COLLECTIONS. There were no chang6kto the staff report as submitted t the City Council by the Community Devel ment Department and on - e in the City Clerk's Department. MOTION - It was moved by Co cil Members %iff/Henderson to continue the matter of hiring a Cultural sources /onsultant for the curation of archaeological items to December 7, 1,�99. Motion carried unanimously. MINUTE ORDER NO. 99-150. 2. CONSIDERATION OF APPROV G THE "AR IN THE GARDEN" EVENT TO BE HELD BY THE LA QUINT ARTS ASSO ATION AT 51-351 AVENIDA BERMUDAS ON NOVEM R 20, 1999. AP (CANT: LA QUINTA ARTS .% ASSOCIATION. Mr. Herman, Com nity Development Director, advis d that the La Quinta Arts Association is re uesting to have an "Art in the Gard n" event on November 20, 1999 fro 0:00 a.m. to 4:00 p.m. Elaine Rey Ids, 49-294 Avenida Vista Bonita, advised tha , she was available to answ questions. MOT N - It was moved by Council Members Sniff/Henderson t approve the re est of the La Quinta Arts Association to hold one event on N ember 20, 99, subject to conditions of approval and authorize staff to ap rove any future events with authorization from the Chamber of Commerce. otion carried unanimously. MINUTE ORDER NO. 99-151. 3. CONSIDERATION OF THE COMMUNITY SERVICES GRANT PROCESS. Ms. Horvitz, Community Services Director, asked for direction regarding the Community Services Grant process, and noted that recommendations from the October 5t' study session are outlined in the staff report. 011 • 11 City Council Minutes 5 November 2, 1999 Council concurred on taking up the recommendations one at a time. Recommendation #1 - requirement to provide checking account information with at least two authorized signatures on the account. Council Member Sniff didn't have a problem requiring two signatures. Council concurred. Recommendation #2 - requirement to provide documentation of financial solvency such as copies of bank statements. Council Member Henderson felt that a year-end bank statement would be beneficial in addition to the last three bank statements, noting that it would show that the organization is functional and has been in existence for a while. Mayor Pena agreed, and felt that the application should be typed, noting that computers are available at both the Senior Center and the library. He also felt that the application should contain a discrimination clause. Ms. Honeywell, City Attorney, advised that a statement of non-discrimination could be added, similar to what is in the City contracts. Council concurred on requiring the last three bank statements, a year-end bank statement, a typed application, and a statement of non-discrimination clause. Recommendation #3 - quarterly consideration of grant applications. Council Member Sniff didn't have a problem with it. Council Member Adolph pointed out that quarterly versus annually means more work for staff. He supported twice a year. Council Member Henderson noted that under the current process, the applications are dealt with all year long. In response to Council Member Perkins, Ms. Horvitz advised that applicants will be notified of the need to return their applications two weeks prior to Council's consideration. Council concurred on a quarterly consideration of applications. 156 City Council Minutes 0 Recommendation #4 - Council to serve as reviewing body. November 2, 1999 Council concurred on staff reviewing the applications for completeness and submitting to Council for consideration. Recommendation #5 - ineligibility if CDBG award is made in same fiscal year. Council concurred on organizations oeing ineligible for a Community Services Grant if they have received a Community Development Block Grant the same fiscal year. Recommendation #6 - matching funds required for amounts over $1,000. Council Member Sniff felt that it's too demanding, restrictive, and unnecessary. Council Member Perkins agreed. Mayor Pena felt the intent was to keep organizations from looking to the City as their sole source of funding. Council Member Sniff suggested raising the limit. Council Member Adolph agreed, and suggested $2,500. After a brief discussion, Council concurred on requiring matching funds for any amount over $2,500. Mayor Pena wished to have the specific purpose or need listed on the application. Ms. Horvitz advised that the "Needs Statement" can be modified. Recommendation #7 - require matching funds for "seed" money. Council Member Henderson didn't feel "seed" money should be provided unless the organization provides three months of bank statements. Council Member Perkins suggested requiring matching funds for any requests for "seed" money. Council Member Henderson didn't have a problem with that. 0 4 Jr 7 . City Council Minutes 7 November 2, 1999 Council concurred on requiring matching funds for any amount requested for "seed" money. Recommendation #8 - establishing a funding cap. Council Member Perkins preferred leaving it at Council's discretion. Council Member Sniff felt it's unnecessary. Council concurred on not setting a funding cap. Recommendation #9 - limit organizations to non-consecutive years of funding. Council Member Perkins was opposed to the limitation. Council Members Adolph and Sniff agreed. Council concurred on not setting a limit for non-consecutive year funding. Ms. Horvitz summarized the changes as follows: applications must be typed and submitted with copies of last three bank statements, in addition to a year- end bank statement and contain a non-discrimination clause; funding requests over $2,500 will require matching funds and any funding requests for "seed" money will require matching funds within the same fiscal year; and the "Needs Statement" will be modified to require specific details on funding need. Recommendations #8 and#9 are deleted. MOTION - It was moved by Council Members Sniff/Adolph to approve the following changes to the Community Services Grant process: application must be typed, include copies of the last three bank statements and a year-end bank statement, and contain a non-discrimination clause; funding requests over $2,500 require matching funds and any funding requests for "seed" money require matching funds within the same fiscal year; and the "Needs Statement" will be modified to require specific details on funding need. Motion carried unanimously. MINUTE ORDER NO. 99-152. 4. CONSIDERATION OF A R QUEST FROM THE COACHELLA VALLEY ASSOCIATION OF G ERN ENTS (CVAG) FOR A CONTRIBUTION OF $5,000. TOWARD A CENSUS 2 COORDINATOR. . Ms. Casillas, Manage nt As 'stant, advised that CVAG has requested that the cities contribute $5, 00 each to and the hiring of a Census 2000 Coordinator. 0 "to 158 ATTACHMENT 3 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR 00-01 Name of Organization: Amount Requested: Contact Person: • �Do�1�'l•o•Gc�, Mailing A ress: City: State: Zip Code: 9-2-a 7 d Phone No.: 9610 32-4 f5cI 7� 501(c)3 Taxpayer I.D. Number: 33o 388- 56- z Date Submitted: �" / l -2� Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 1150 of COMMUNITY SERVICES GRANT APPLICATION What is the overall purpose or goal of your organization? To provide prepared meals to residents of La Quinta, California who are recovering - rehabilitating, restoring or maintaining health. 2. How long has your organization been in existence? 15 years 3. Describe in general the activities or services of your organization: Contract with a community caterer to prepare nourishing meals at reasonable cost. Residents call orders to office and volunteer drivers deliver five days a week to resident. Cost of prepared meals to resident is modest resale charge used to maintain office, coordinator and phones. 4. How many people does your organization currently serve? No.of Youth: Occasional youth No.of Adults:1-2 No of Srs: 9-11 wkly. 5. How many people do you intend to serve during this Fiscal Year? No.of Youth: 4-5 No.of Adults: 40 No.of Srs: 150-1750 6. How many people served this Fiscal Year will be La Quinta residents: No.of Youth: all No.of Adults: all No.of Srs: all 7. How many paid employees/volunteers does your organization employ? Full time employees: 0 Part time: 1 Volunteers: 20-25 8. Describe how your organization is managed and governed. The Desert Council for Aging, a sponsoring group made up of many professionals involved in offering and providing seminars on public issues, cultural diversity, alternative medicine and changing concepts of aging, is managed by an Executive Board (see #9). vi� 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Jeanne Parrish Director, MOW 65 Colgate Drive 760-324-0976 Rancho Mirage, CA 92270 Richard Smith Co -Coordinator 6296 Riverside Dr. #K 909-945-4798 Riverside, CA 92507 Jane Riley Co -Coordinator 43 376 Cook St. #178 760-776-6771 Palm Desert, CA 92211 Ray Baca Treasurer 401 So. El Cielo Rd. Apt. 3 760-325-8433 Palm Springs, CA 92262 Norma Branson Secretary 81 291 Alberla Ave. 760-347-7195 Indio, CA 92202 10. What is your annual schedule of events, and during what months does your organization operate? Seminars are scheduled on a quarterly basis rotating locations throughout the Coachella Valley. The Desert Council for Aging meets monthly on the second Tuesday of the months September through July. 11. Do you charge admission, membership fee, dues, etc. Yes If yes, please describe: Annual membership fees and dues: Individual: $10.00 For Profit Agency: $50.00 Non -Profit Agency: 25.00 12. What are your other sources of revenue for this funding year? Source Amount Palm Desert Foundation Unknown - awarded in November Total Needed: $2500. - Delivery Fees $1500. - Meal Subsidies Total Received: 0 Balance: $4000.00 161 013 13. Amount of money requested from the City of La Quinta? $4000.00 14. Has your organization been funded by the City of La Quinta previously? Yes. If yes, when: April 3, 2000 Amt Received: $650.00 Refunded 6/15/00: $10.00 15. Please provide the name and address of the bank in which the organization's funds are kept: Provident Bank 71-991 Highway 111 Rancho Mirage, CA 92270 16. Please provide the name and title of those individuals authorized to sign on the organization's account (must provide at least two individuals): Jane Riley Jeanne Parrish Co -Coordinator Director MOW 17. Please provide as an attachment, copies of the last three months bank statements as well as the last year's December bank statement of the organization's checking and savings account. (Reference attached 12/9q,_4/00, 5100, 6/00 Bank Statements attached) 18. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. The La Quinta Meals on Wheels Program, reorganized in February, 2000, has not obtained a civic sponsor for this service program. The Desert Council for Aging, the sponsoring group, also has been reorganized since the illness and death of the former Executive Director. The money now in the bank account must cover the La Quinta MOW Program's anticipated expenses as well as developing a reserve for inflation and growth influences on the expense of personnel, delivery, meals and maintenance of subsidy for clients in need and unable to meet total expense of delivered meals. Any LaQuinta resident who is found to be in need of MOW will be offered a subsidy to cover a portion of the delivered meals. OV,:, 19. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. It is the intention of the Executive Board sponsoring the La Quinta Meals on Wheels Program that they be able to provide financial subsidies to any La Quinta resident in need and who has been identified and reported to the Director of the MOW Program. There is no other nutritional service available to the residents of La Quinta. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non profit organizations must attach a copy of the organization's current IRS Form 990. 163 015 /6"P0,8Q, x 2�,o d Fc"-Lvv co, @a Fe."& X 21.0 c6,t v 'Yo, oa C�(I,UerC���� 5,�� c�eh� x �o�Qx ��o da. = i3� 3Q�, 00 ( e v e is-t� I- 11- oo J r - D re�c M- o (A,'lco. oo) 161 016 Short Form OMB No. 1545-1150 990'EZ Return of Organization Exempt From Income Tax �no Un Form der section 501(c) of the Internal Revenue Code (except black lung benefit trust Or private foundation) or section 4947(a)(1) nonexempt charitable trust ► For organizations with gross receipts less than $100,000 and total assets less This Form is Department of the Treasury than $250,000 at the end of the year. Open to Public Internal Revenue service ► The organization may have to use a copy, of this return to satisfy state reporting requirements. Inspection A For the 1998 calendar year, OR tax year beginning v 1998, and ending J V ( t , 19 B Check if: Please C Name of organization %� D Employer identification number use IRS + l li ❑ Change of address label or -— ❑ initial return print or Number and streel (or P.O box, if mail is not delrverod to !reel address) Roorn/suite E Telephone number ElFinal return See ✓ f%6d' Specific City or town, state or country, and ZIP . 4 El Amended return Instruc- F Check Po- El if exemption (required also for tions. application is pending state reporting) H Enter four -digit group exemption G Accounting method: (Cash ❑ Accrual ❑ Other (specify) ► number (GEN) Type of organization— ► Exempt under section 501(c)( 3 ) -4 (insert number) OR ► ❑ section 4947(a)(1) nonexempt charitable trust Note: Section 501(c)(3) organizations and section 4947(a)(1) nonexempt charitable trusts MUST attach a completed Schedule A (Form 990). J Check ► -tithe organization's gross receipts are normally not more than $25,000. The organization need not file a return with the IRS, but d the organization received a Form 990 Package in the mail, the organization should file a return without financial data. Some stales require a complete return. K Enter the organization's 1998 gross receipts (add back lines 5b, 6b, and 7b, to line 9) . . , . . ► $ If S100.000 or more. the organization must file Form 990 instead of Form 990-F7. Revenue Expenses, and Changes in Net Assets or Fund Balances See Specific Instructions on page 30. 1 Contributions, gifts, grants, and similar amounts received (attach schedule of contributors) . 1 e�-D 2 Q 2 Program service revenue including government fees and contracts . . . . . . 3 Membership dues and assessments . . . . . . . . . . . . . . . . . 3 .43 4 O 4 Investment income . . . . . . . . . . . . . . . . . . 5a Gross amount from sale of assets other than inventory . . . 5a i cc b Less: cost or other basis and sales expenses . . . . . . . 5b c Gain or (loss) from sale of assets other than inventory (line 5a less line 5b) (attach schedule) 6 Special events and activities (attach schedule): a Gross revenue (not including $ of contributions reported on line 1) .... . . . . . . . . . . . . . . . 6a 5c b Less: direct expenses other than fundraising expenses . . . . . 6b c Net income or (loss) from special events and activities (line 6a less line 6b) . . . . . . . 6c 7a Gross sales of inventory, less returns and allowances . . . . . 7a b Less: cost of goods sold . . . . . . . . . . . . 7b c Gross profit or (loss) from sales of inventory (line 7a less line 7b) . . . . . . . . 7c 8 8 Other revenue (describe ► ) 9 9 Total revenue add lines 1, 2, 3, 4, 5c, 6c, 7c, and 8) . ► 10 Grants and similar amounts paid (attach schedule) . . . . . . . . . . . . . 10 6_7 11 D 11 Benefits paid to or for members . . . . . . . . . . . . . . . . . . . 12 m c x W 12 Salaries, other compensation, and employee benefits . . . . . . . . . . . . . 13 Professional fees and other payments to independent contractors 14 Occupancy, rent, utilities, and maintenance . . . . . . . . . . . . . . . . . . 15 Printing, publications, postage, and shipping . . . . . . . . . . . 16 Other expenses (describe ► L a', ) 13CL I�y� 14 15 16 d4a 17 D.000 !� 17 Total expenses (add lines 10 through 16) . ► 0 18 Excess or (deficit) for the year (line 9 less line 1 7) . 18 "` 19 Q 19 Net assets or fund balances at beginning of year (from line 27, column (A)) (must agree with end -of -year figure reported on prior year's return) . . . . . . . . . . . . . 20 —' m Z 20 Other changes in net assets or fund balances (attach explanation) . . . . . . . . . . 21 Net assets or fund balances at end of year (combine lines 18 through 20) . ► 21 / 0 Balance Sheets —If Total assets on line 25, column (6) ate $250,000 or more, file Form 990 instead of Form 990-EZ. (See Specific Instructions on page 34.) (A) Beginning of year I (B) End of year 22 22 Cash, savings, and investments . . . . . . . . . . . . . . . . . 23 23 Land and buildings . . . . . . . . . . . . . . . . . . . . . 24 24 Other assets (describe ► ) 25 25 Total assets . . . . 26 7 412100 26 Total liabilities (describe ► ) 27 27 Net assets or fund balances line 27 of column B must agree with line 21 Iv For Paperwork Reduction Act Notice, see page 1 of the separate instructions. Cat. No. 106421 Form yJl1-tL (1998) 0lf Form 990-EZ (199B) Pace 2 UUM Statement of Program Service Accomplishments See Specific Instructions on page 34. Expenses What is the organization's primexempt purpose? (Required for 501(c)(3)ary Describe what was achieved in carrying out the organization's exempt purposes. In a clear and concise manner, and (4) organizations and 4947(a)(1) trusts: describe the services provided, the number of persons benefited, or other relevant information for each program title, optional for others.) 28 ...................................••---••---•--...._....................................................................... Grants $ 28a 29 _.---•--•---•-----•--•--------------•------.-----------•--•---•-------------.----- ..............••--•--...--•-••-•------.._........--•-•----•-----•-----•-•--•---......----•---...........--...__..._......_. Grants 29a 30.......................................... -.-....----...-.-._-.-.-----•------•----•--•--- ....................•--•-•••--......__....._._...-----..._.....------••......----••-•--•--• ................................ (Grants $ 30a 31 Other program services (attach schedule) Grants $ 31 a 32 Total pro ram service expenses add lines 28a through 31a ► 1 32 ■u,ianva ust or Lmicers. ulrectors_ trustees. and Kev Emolnvees It ist Parh nnp. pvan if not rmmirtancafprt Sea Snarifir Inctrnrrtinne nn nnna Qd 1 (A) Name and address (B) Title and average hours per week devoted to position (C) Compensation (tf not paid, enter -0-.) (D) Contributions to I employee benefit plans 84 deferred compensation I (E) Expense account and other allowances ................. ............... �P�lK �'or C_ 71 G ............................................................... ........................................................ Other Information See Specific Instructions on page 35. Yes No 33 Did the organaatiol) engage in any activity not previously reported to the IRS? If "Yes," attach a detailed description of each activity 34 Were any changes made to the organizing or governing documents but not reported to the IRS? If "Yes," attach a conformed copy of the changes. 35 If the organization had income from business activities, such as those reported on lines 2, 6, and 7 (among others), but NOT reported on Form 990-T, attach a statement explaining your reason for not reporting the income on Form 990-T. a Did the organization have unrelated business gross income of $1,000 or more or 6033(e) notice, reporting, and proxy tax requirements? b If "Yes," has it filed a tax return on Form 990-T for this year? . 36 Was there a liquidation, dissolution, termination, or substantial contraction during the year? (If "Yes," attach a statement.) 37a Enter amount of political expenditures, direct or indirect, as -described in the instructions. Do- 37a b Did the organization. file Form 1120-POL for this year? . . . . . . . . . . . . . . . . . . . 38a Did the organization borrow from, or make any loans to, any officer, director, trustee, or key employee OR were any such loans made in a prior year and still unpaid at the start of the period covered by this return? . . . . . . . b If "Yes," attach the schedule specified in the line 38 instructions and enter the amount involved. 138b I\ 39 501(c)(7) organizations. —Enter. a Initiation fees and capital contributions included on line 9 39a I�— b Gross receipts, included on line 9, for public use of club facilities . . . . . , , 39b 40a 501(c)(3) organizations. —Enter: Amount of tax imposed on the organization during the year under: section 4911 ► ; section 4912 ► ; section 4955 ► h rnllrllll and Idl nrnanimfinnc —nirl the nrnani72tinn pnnnnp in env cpr.tinn dQSR Pyracc hpnafif trnncartion durinn the vpar9 If "Yes " attach an pmlamfinn %� REM e c Enter: Amount of tax imposed on the organization managers or disqualified persons during the year under sections 4912, 4955, and 4958 . . . . . . . . . . . . . . . . . . . . . . . . . . . . ► d Enter: Amount of tax on line 40c, above, reimbursed by the organization ► 41 List the states with which a copy of this return is filed. ► .................. .:.....:........................`i....---.............. Telephone no. ► (....... I................... Located at ►-•---._......... ...d Un./oo` 5,.na:�...... 4� ......... ZIP + 4 ► � 43 Section 4947(a)(1) nonexempt charitable trusts filing Form 990-EZ in lieu o1 Form 1041—Check here ► ❑ and enter the amount of tax-exempt interest received or accrued during the tax year . ► 1 43 Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge Please and belief, it is true, correct, and complete. Declaration of preparer (other than officer) is based on all information of which preparer has any knowledge. Sign (See General I tr cti page 12.) n 9 Li 4c, cz a •,Here x 7�% � �� -- ��, Signature of officer Dale Type or print name and tit . Paid Preparers' Date se (ck it Preparer's SSN 018 signature employed ► ❑ Preparer's Firm's name (or ' Use Only yours if self-employed) EIN ► and address ZIP + 4 ► Jar, ® Printed on recycled paper 'U.S. Government Printing Olnce: 1998—,455.23W80163 M Bank of America Your Bank of America P.O. Box 3530 Business Checking Rancho Cordova, CA 95741-3530 Statement 0585 E 10-1 Statement Period: December 1 through December 31, 1999 Account Number: 05859-20571 DESERT AREA MEALS At Your Service ON WHEELS INC Call: 760-340-1867, 24 hours, C-0 DR LAZENBY 7 days a week 223 OVERLOOK RD PALM SPRINGS CA 92264-8934 Written Inquiries Bank of America Palm Desert Branch PO Box 37176 San Francisco, CA 94137-0001 Customer since 1988 Bank of America appreciates your business and we enjoy serving you. ❑ Summary of Your Business Checking Account Beginning Balance on 12/01/99 $13,357.14 Number of checks paid 10 Total Checks, Withdrawals, Number of 24 Hour Customer Service Calls Transfers, Account Fees - 11,254.18 Self -Service 0 Assisted 0 Ending Balance $2,102.96 ❑ Bank of America News YEAR 2000 UPDATE: You can expect the same level of service from Bank of America now and into the next millennium. The systems and software that support this account statement have already been made ready for year 2000. For more information, visit us at www.bankofamerica.com/y2k or call toll -free, 1.888.960.1111, lam - 10pm. ❑ Checks Paid " Gap in check sequence Date Paid Number „ Amount 12/08 1476 "" $ 3,145.53 12109 ` 1478 _ _ 1,768.85 12/ 20 i 479 1,000.00 12/16 ` 1481Jr P i-," 831.25 12/14 1482 672.00 12/16 1483 15.00 0009140.001.123 California Date Paid 12/24 12/23 12/21 12/29 Total of 10 Checks Paid Number 1487, " 1489 Amount 1,706.55 200.00 430.00 1,485.00 $11,254.18 167 Page 1 of 1 019 :6; -r PROV/DENT......,M More like you every day. COACHELLA DESERT AREA MEALS ON WHEELS C/O JEANNE E PARRISH 65 COLGATE DR RANCHO MIRAGE CA 92270 Statcrnut Summary Account Number Type 3227920 Community Advantage Checking Page: 1 of 2 Account Number: 3227920 Statement Date: 03-31-2000 Number of Checks: 6 PROVIDENT BANK (800)442-5201 Balance 7,723.31 Account Summary for Community Advantage Checking - 3227920 Starting Interest Service Ending Balance + Deposits + Paid - Withdrawals - Charges = Balance 4,596.32 5,774.10 15.14 2,656.25 6.00 7,72331 Transactions for Community Advantage Checking - 3227920 Checks/ Deposits/ Date Description Debits Credits 03-02 Returned Check -87.55 03-02 Returned Check Charge -6.00 03-06 Deposit 236.90 03-13 Deposit 2,645.85 03-14 Deposit 860.90 03-23 Deposit 1,376.40 03-28 Deposit 654.05 03-31 Credit Interest 15.14 Checks for Community Advantage Checking - 3227920 Date Check Number Amount Date Check Number Amount 03-03 101 200.00 03-20 104 126.50 03-14 102 418.50 03-22 105 516.15 03-17 103 1,304.25 03-31 109* 3.30 * denotes a missing check Daily Balance for Community Advantage Checking - 3227920 Date Balance Date Balance Date Balance 03-02 4,502.77 03-14 7,627.92 03-23 7,057.42 03-03 4,302.77 03-17 6,323.67 03-28 7,711.47 03-06 4,539.67 03-20 6,197.17 03-31 7,723.31 03-13 7,185.52 03-22 5,681.02 168 020 -A ��A PROVIDENT.. A'. More like you every day. COACHELLA DESERT AREA MEALS ON WHEELS C/O JEANNE E PARRISH 65 COLGATE DR RANCHO MIRAGE CA 92270 Statement Summary Account Number Type 3227920 Community Advantage Checking Page: 1 of 1 Account Number: 3227920 Statement Date: 05-31-2000 Number of Checks: 5 PROVIDENT BANK (800)442-5201 Balance 6,732.54 Account Summary for Community Advantage Checking - 3227920 Starting Interest Service Ending Balance + Deposits + Paid - Withdrawals - Charges = Balance 7,808.73 103.00 18.17 1,197.36 0.00 6,732.54 Transactions for Community Advantage Checking - 3227920 Date Description 05-04 Deposit 05-31 Credit Interest Checks for Community Advantage Checking - 3227920 Date Check Number Amount Date Check Number 05-03 113 34.41 05-22 116 05-08 114 453.40 05-22 117 05-08 115 115.00 * denotes a missing check Daily Balance for Community Advantage Checking - 3227920 Checks/ Debits Date Balance Date Balance Date 05-03 7,774.32 05-08 7,308.92 05-31 05-04 7,877.32 05-22 6,714.37 Deposits/ Credits 103.00 18.17 Amount 126.50 468.05 Balance 6,732.54 The amount of interest earned between 04-29-2000 and 05-31-2000 is $19.43. The average daily balance during this period was 7,272.34. The minimum balance during this period was 6,714.37. The Annual Percentage Yield Earned for this account is 3.00%. 163 PROVIDENfAtA�,al,, More like you every day. COACHELLA DESERT AREA MEALS ON WHEELS C/O JEANNE E PARRISH 65 COLGATE DR RANCHO MIRAGE CA 92270 Statement Summary A<3count Nun.bar Tyre 3227920 Community Advantage Checking Page: 1 of 2 Account Number: 3227920 Statement Date: 06-30-2000 Number of Checks: 11 PROVIDENT BANK (800)442-5201 Balance .._. —6;528.02- Account Summary for Community Advantage Checking - 3227920 Starting Interest Service Ending Balance + Deposits + Paid - Withdrawals - Charges = Balance 6,732.54 1,163.45 16.90 1,384.87 0.00 6,528.02 Transactions for Community Advantage Checking - 3227920 Checks/ Deposits/ Date Description Debits Credits 06-01 Deposit 798.40 06-15 Deposit 365.05 06-30 Credit Interest 16.90 Checks for Community Advantage Checking - 3227920 Date Check Number Amount Date Check Number Amount 06-07 119 565.70 06-22 125 5.00 06-16 120 126.50 06-21 126 449.45 06-12 121 33.38 06-22 127 11.50 06-26 122 10.00 06-27 128 10.30 06-16 123 71.00 06-26 130* 35.04 06-16 124 67.00 * denotes a missing check Daily Balance for Community Advantage Checking - 3227920 Date Balance hate Bala.ice Data 06-01 7,530.94 06-16 7,032.41 06-27 06-07 6,965.24 06-21 6,582.96 06-30 06-12 6,931.86 06-22 6,566.46 06-15 7,296.91 06-26 6,521.42 Pai3nce_ 6,511.12 6,528.02 ATTACHMENT 4 City Council Minutes 4 April 4, 2000 Katie Barrows of C. V. Mountains Conservancy, commended Congresswoman ono's staff for their efforts. She pointed out the National Monument nation will provide potential for funding and a niarfagement plan for the mount areas. f Wayne Hancoc , 55-920 PGA Boulevar of KSL Land Corporation, stated he expects to be please with the final duct but noted it's still a moving target at this time. KSL is oppoApd to uffer zone and wants clear designation on what is in and out of the Na-be6al Monument. Council Member Hen son agreed wit"king no action until something more defined is availabWfo look at. MOTION - t was moved by Council Members Sniff/Henderson to continue the issue o upporting the proposed National Monument designation until May 2, 200 . Motion carried unanimously. MINUTE ORDER NO. 2000-58. 2. CONSIDERATION OF COMMUNITY SERVICES GRANT REQUEST FROM THE MEALS ON WHEELS PROGRAM. Community Services Director Horvitz presented the grant request as outlined in the staff report. MOTION - It was moved by Council Members Perkins/Henderson to approve the Community Services Grant request for the Meals on Wheels program from the Special Projects Contingency Account in the amount of $650. Motion carried unanimously. MINUTE ORDER NO. 2000-59. 3. CONSIDERATION OF A RESOLUTION APPROVING THE CITY'S BALLOTS FOR PARTICIPATION IN ASSESSMENT DISTRICT 2000-1, PHASE VI PUBLIC SEWER IMPROVEMENTS. Public Works Director Vogt presented the proposed resolution as outlined in the staff report. In response to Audrey Ostrowsky, P. 0. Box 351, Mayor Pena explained the proposed appropriation is for assessments on the properties owned by the City. 023 ATTACHMENT 5 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR 00-01 Name of Organization: LA Q u (N-t- A Ra�c, kizo ( l Kf) d N Amount Requested: 6 00 Contact Person: fr Mailing Address: city: t� 1 u'��!_ State: �1.�— Zip Code: Q Phone No.:u�l ( en IrQ' Q 501(c)3 Taxpayer I.D. Number: �. -- i� -G Date Submitted: k3 U Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 24 COMMUNITY SERVICES GRANT APPLICATION (Must be typed) 1. What is the overall purpose of your organization? We have a program once a month to educate artists. Our meetings give oour artists a chance to network with each other. 2. How long has your organization been in existence? 4 Years 2 Mos. 3. Describe in general the activities or services of your organization: To promote our communily through an. To operate a aallery where our artists' works may be shown. To exhibit their art in other venues. 4. How many people does your organization currently serve? No. of Youth 5 No. of Adults 95 No. of Seniors 65 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 10 No. of Adults 130 No. of Seniors 100 6. How many people served this Fiscal Year will be La Quinta Residents? No. of Youth 2 No. of Adults 40 No. of Seniors 20 7. How many paid employees/volunteers does your organization employ? Full time employees 0 Part time employees 0 Volunteers 35 8. Describe how your organization is managed and governed. We meet once a month at the Desert Sands Unified School District in La Quinta. Our officers Board) and members manae and govern the organization. o25, 9. Please provide information on your Executive Board members: Name Title Home Address Phone Elaine Reynolds President 49294 Ave.Vista Bonita LQ 564-1880 Gwen Hughes 1 st Vice Pres. P4 Box 177 LQ 564-2284 Pat Cole 2nd Vice Pres. 76593 Begonia Lane PD 360-8828 Reuben Sklar Treasurer 78460 Sunrise PD 360-5043 10. What is your annual schedule of events, and during what months does your organization operate? We operate from September through June. We plan the following; Two dayshow how at Heritage Palms. 4 shows at Ralph's Shopping Center: two day show at the LQ Senior Center; Village Gallery opening show in the Fall: Art in the Garden -- 3 shows: Palm Desert Civic Center in November: Street Fair. 11. Do you charge admission, membership fees, dues, etc.? X Yes No If yes, please describe: No charge for admission. $35 per Year dues. $50 per year Gallery fee. 12. What are your other sources of revenue for this funding year? See attached proposed budget. 1 "r 4 02G 13. Amount of money requested from the City of La Quinta: $9,600 14. Has your organization been funded by the City of La Quinta previously? X Yes No If yes, when? 1999 Amount received $4,000 15. Please provide the name and address of the bank in which the organization's funds are kept: Downey Savings, Washington and Hwy. 111, LO, 365-3014936 16. Please provide the name and title of those individuals authorized to sign on the organization's account: Name: Title: Reuben Sklar Treasurer Elaine Reynolds President 17. Please provide, as an attachment, copies of the last three months bank statements as well as the last year's December bank statement of the organization's checking and savings account. 18. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. One million liabilitv insurance for La Ouinta Village Galle 51-351 Avenida Bermudas 41,900, Village Use Permit-- $700: Promotional funds for the Village and the Gallery 47,000. Total $9,600, Insurance $1,900 Newsletter 1,000 Newspaper 3,000 Radio 3A0 Village Use Permit 700 0 2 t 19. Goal Statement Indicate who will benefit from the use of these funds, and how they will benefit. The !Qy qf U Ogints will benefit. because tie art will bring excitement to the Village. in addWm. local artists will be9iven the gR uni1y to,.display and sell their creations. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit organizations must attach a copy of the organization's current IRS Form 990. PROPOSED BUDGET 2000 - 2001 REVENUE Cash on Hand Membership Dues Gallery Dues Gallery Commissions EXPENSES Gallery Utilities Liability Insurance Signage Telephone Village Use Permit Gardener Painting Rent Newsletter Newspaper Advertising Radio Advertising Meeting Expense Street Fairq�,�� La Quinta Senior Center $2,015 3,325 1,500 6,000 $12,840 $1,200 1,900 600 550 750 1,200 200 6 1,000 3,000 3,000 250 700 -5� I5 1Wr"'I 029 FUND RAISERS 2000 -2001 November 18 - Palm Desert Recreation Center January, 2001 - La Quinta Senior Center February 10 & 11 - Heritage Palms Country Club Art Shows - 4 shows Ralph's Shopping Center, Washington & Tampico Street Fair bows - La Quinta doubt boo 10 shows roc Lp, Art in the Garden - 3 shows, Avenida Bermudas (after construction) 17 U 030 s T►e W000ARo Gnouo May S, 2000 Mayor John Pena City Council Members CITY OF LA QUINTA P.O. Box 1504 La Quints, CA 92253 Dear Honorable Mayor do City Council Members, It is with a great dal of excitennot and expectation that I write this letter asking you to support the La Quints Arts Association's Village Gallery to quest to become a major influence in the Downtown Village area. Having beam personally involved in the art world for most of my life, I find the philosophy of the Gallery (of giving most of the money back to the artists) not only unique, but a philosophy that should be supported by all of us. We have all talked about the potential of the Downtown Village to be the Art Center for the entire valley. It appears to me that the vision is futslly being "hatched." The Association includes many dedicated volunteers to provide an an environment that we so desperately need here in La Quints. As a homeowner in this City, I strongly support the City financing the Association. If there over is an organization that needs your financial support, it is the La Quints Arts Gallery. If endeavors such as this are not "seeded", it would appear to me that we would have a very slim chance of attracting other an galleries and artists to bring that vision to our City. I therefore request that the City Council grant the Association $10.000 for this year to promote not only the Association. but the artists and the City as well. Thank you for your eoensideration. Si ly. Stewart Woodard, A.I.A. SWldrw A CateawA COrMOfM M. 51.370 AvEMoA ikmLoAs. Suite 6. LA QuoaA. CA 92253. 760-564-44 t8 / 760-564-17o5 AX3 •A 0#W)A r d s b** a.oa *W u.aa • h%h 1l0 +ror ssa+ 031 THE WOODARD GROUP BIOGRAPHY STEWART C. WOODARD, A.I.A. Mr. Woodard was born on December 29, 1933 in Washington, D.C. He moved with his family to Carmel, California in 1948 where he attended Carmel High School. He received athletic scholarships from Stanford University and the University of California, Berkeley. He graduated from California Polytechnic University, San Luis Obispo in 1957 with a Bachelor of Science in Architectural Engineering. He was Vice - President of Delta Sigma Phi Fraternity in 1956, was on the Dean's List at Cal Poly in 1957, and he won the Cal Poly Architectural Honor Award that same year. Mr. Woodard joined the Armed Services after graduation, retiring from the U.S. Army Reserve in 1962 with the ranking of First Sergeant. From 1958-1960 he gained valuable professional experience with various architectural firms in La Jolla, Pasadena, and West Los Angeles. In 1960 he joined the renowned architectural firm of William Pereira, F.A.I.A. & Associates in Los Angeles, where he eventually became Director of Design for the 125 man firm. During his five-year history with the firm, he worked on commissions throughout the world. Several projects which he was involved in were the Los Angeles International Airport, the 76,000 acre master plan for Irvine Ranch, the Catalina Island Master Plan, the Los Angeles Times complex, and many other developments in Southern California. In 1968 he was named Director of Design and Planning for the Larwin Group, a national home building company. During his tenure at Larwin he designed thousands of residences, as well as many planned communities. In 1970 Mr. Woodard opened his own firm in Newport Beach, California, where he received commissions in all areas of architecture. Although his first love is in the design of custom homes and religious structures, he has designed more than 150,000 condominiums, apartments, and single family P.U.D.'s. He has land planned over 420,000 acres of property for new homes, buildings, hospitals, retail and commercial projects, resort complexes, and institutional structures. He has received design awards in every category of architectural design and has been nominated to the prestigious "College of Fellows" of the American Institute of Architects. In 1974 he opened an office in Orlando, continuing the same quality work on similar commissions in Florida. He recently opened an office in La Quinta, California to serve the architectural needs of the desert community. He served on the Planning Commission for the City of La Quinta from 1996-1998. 130 A CAUFORNIA CORPORATION, 51-370 AVENIDA BERMUDAS, SUITE 6, LA QUINTA, CA 92253, 760-564-441 S 1760-564-1705 FAX 'A quality of a body of work that creates a high moral impression. n 11AY-U4-Z= t nu u ( • 9 t rm Jr r ;,us*.►., -we KWXY AM/FM LIVE REMOTE 1w mm ern r4 . iew marrs PURPOSE: TO CREATE AWARENESS AND DELIVER POTL•NTIAL CUSTOMFRS TO YOUR BUSINESS. PROMO: SIX 15•SECOND PROMOTIONAL ANNOUNCEMENTS PER DAY FOK FIV!-; DAYS PRIOR TO REMOTIr. SCHEDULE: SIX 60-SECOND ANNOUNCEMENTS PER DAY FOR FIVE DAYS PRIOR TO REMOTE. PROGRAM: 12 TWO -MINUTE BREAKS, LIVE, ON -SITE. TALENT: POPULAR KWXY ON -Alit PERSONALITIES. COST: AD SCHEDULE & REMOTE S 1200 TALENT FEE S 200 TOTAL COST 31400 r �rcvv� � ar Qff�l qlv . � 181 033 KWXV rt1wFM Broadcast Cen1p00•i00 Dinah Snerw DrIw in DaM. Cwr:..... f...:r.....i. sane+re..._.n...... HRH INSURANCE SERVICES OF THE COACHELLA VALLEY 77-564 Country Club Dr,, Bldg. B - Ste. 401 Palm Desert, CA 92211 (760) 360-4700 - (760) 360-4899 Fax March 24, 2000 La Quinta Arts Association Box 4 La Quinta, CA 92253- Dear Elaine: I received a note from Leanna stating you needed some pricing indications for next years insurance. I do not expect any increase, but if we have one it will be slight. Estimated annual premium for Directors and Officers $850.00 Estimated annual premium for Package Policy $985.00 If you need any more information please give me a call garo crier Gomes 18 .. 034 r.. MGVOQA �. �RIwR TO 3443937 P.el I.A OUINTA ARTS ASSOCIATION STATEMENT OF CASH RECE PI S AND OISBURMMENTS FOR THE PERIOD JANUARY 1, 1999 TO APRIL 30, 2000 CASH RECEIPTS SALES (EXCLUOE8 &ALES TAX) LESS: 90% PAYMENT TO ARTISTS COhO MBSION ON OFF SITE SALES MEMBROHIP OUE8 (SO MEMBERS) GALLERY EXHIWTORS FEES SHOWS AND MISICELLANEOUS INCOME OONATKM TOTAL CASH RECIPTS DISdURBE,MENTS GRANT RECEIVED FROM THE CITY OF LA OUINTA REMODELING EXPENSES ADVERTISING, SHOWS & PUBLICITY CREDIT CARD CHAROES INSURANCE MAINTENANCE & REPA RS NEWS LETTER COSTS OFFICE SUPPUEB AND EXPENSE REFUNDS TO MEMBERS SALES. OOM1A16BIONS PAID SUPPIJES AND GENERAL EXPENSES TELEPHONE AND LMURIES TOTAL 8 CASH IN BANK $6.313.12 $4,781.61 $4.000.00 (S4,511.20) SS31.31 $1,329.62 S3,940.00 S1,S00.00 S2,456.73 S+OR2.16 $511.20 $1.919.99 $135 05 51,7+lf3.00 S824.b4 sm.61 UN-62 S1b0.00 $150.20 S1a5.00 SM.44 S623.49 FOOTNOTE --GALES AS REPORTED A&3VE MICIUOES ONLY ART SOLD ON THE GALLERY PRB"ES. OT1ER SALES GENERATED BY MEMBERS AT $MOWS AND EVVM OFFSrM BUT PRODUCED BY THE GALLERY AMOUNTED TO 913,211020 ON WHICH THE GALLERY DIVED A OO�M868iON OF 10%. IN THIS EVENT Tw LM-9wo ER iS SOLELY RESPONSOL E FOR THE AEPOR M OF SJUM TAX, WHERE ApPLIGASLE. IN TOTAL BAL,FB FOR THE Pemw AMOUNTED TO 81e,611.32 $10,5W6.71 $8.241.54 $2,267.17 18 TOTOI P.el 033 19. 74:388 r SECRETARY OF STATE CORPORATION DIVISION 1, BILL JONES, Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the corporate record on file in this office, of which it purports to be a copy, and that same is full, true and correct. 1N WITNESS WHEREOF, 1 execute this certificate and affix the (seat Seal of the State of California this JUL 1 9 1996 >ccrelary of State Is rt 036 State M-alifomia ftdBill Janes ' ° "v Om 1:84. Soc rotary Of State "m" '°'E` "M W" STATEMENT BY DOMESTIC NWRM CQRP4AA'TIQN rw$ sr4TUMMI MUST tE FR!o wrM rs-w. r Pto­t __ Y-.w was .Awwn Teat :re wu we esUUKT AnmupAw Tws STAMMINT C10743 s 06 Mg DAU Ot•3+-M 011000N TNt L4 OYtWT4 "IS &SSM&TION 0 Sax 4 L• OUINM. CA 9=2S3 'kq50f- Q_S 0 9- (�-"TE_ Q'O 197438g ZD 33-07r76ao TIE chu"WO "tt mmm "a MUOWM ETAMWNT .00.��f . Orr. w !. rw��us/}•OtMrtN TM N� Oi TM FOUOwIMO OPT AllL 1 4. Co"" aSeeCNrrrNf Nowto •. *"ACV 40"a" .set sawant free. 4101 Clow wa ar.f OC got, ceM e ftCKr4O1 �� 00 090ee9 4eSISIt'.fl.-San SItwtllt "GICI M. C-Tr A" Pan � CC- irr CYSIR f. Cw Oreetr 48608" .1ft "toll f&. CNrr 4rs0 Ere t K• s•► COSIt •YN rNt.r• .• ettOu.•t4 Or C&16~ w• OrA•Y•4•. P099~00 RO"s N.ttt _tams r one 0 a.. 4404101101 s.ft Ow r.r•r . V. M•Me O C4uRO0ma lfOlefs 11 t1`�.s� t rl 4N lota •t�0 MOT Ule wo. Opa. 00 MOr rsrC%Uet afOMtff Nr •OEMs tf • 40MOw•rNOM sr�? • t 4•F Vol. f�i1 tic. 8a:. r '3 COSIMM 111MW 0lME"Clow ism or OM.. c ML cm" rqt& lMOoo4r+oM •rs w01114�4041hOHr Veemmo r0 wr.4eR 4 tOMMOM NMTLQ911 OerfLOO.rO ..I T"m Opt t1 C•rfcut0. wt«.t�10 NISI r . trt. tM�& tN&OrN4tt0.1 ► Aft ffoctaidew /qO TO UiNNOat [ 4 COMMON tr•rtOOO♦ V % "Of SOwOs4 ♦.tt *AV$* OWSOLtMCOMMON❑ COMMON rNrr rltfT Ol w� "a►rir OOtN�N rn O Ct..f.Nf OO• tf 9MCCALM COsrOLSVIR too 4M0 1M tll. MI�ARN pII1Ct l*a10tI 401001011 O/ Oe"t1. W""T. INCLUSION& of* Ceba •�•.•'� +•�~ - ran /uL+t alas 4e0111900 or TNa N•a.Y•e•rs d►aRw 11. 1 OtCL4 r+M►t 4ri ttfMOt�t �147�IseMT AW r0 fw s+tf, a I. Ommmv,mme .004s ..N Oe•.ar • C L r aNNw tor. �t- ,��i8L�7 4ii�l�iws�� nh Mt RwtMo .nwwOW M&NI.s sirR.cs• o. •i'�: i�rw "rA t Executive Office Archives Business Programs Business Filings Notary Public Uniform Commercial Code Elections Information Technology Management Services Political Reform C1974388 THE LA OUINTA P 0 BOX 4 LA QUINTA. CA ARTS ASSOCIATION 92253 BILL JONES Ottrttarp of Stat ttatt of California CHANGE IN FILING REQUIREMENTS BUSINESS PROGRAMS Statement of Officers Unit 1500 - t I1h Street, Room 365 Sacramento, CA 95814 P.O. Box 944230 Sacramento, CA 94244-2300 (916) 653-1742 Internet: www.ss.Ca.gov Effective January 1, 2000, the filing requirements and fees for filing the Corporate Statement of Officers will change as a result of new legislation (SB 284, Chapter 1000, Statutes of 1999). As of that date, the Statement of Officers form is required to be filed biennially (every other year) by corporations for a fee of $20.00. This will replace the current $10.00 annual filing fee requirement. Effective January 1, 2000, every corporation shall file a statement with the Secretary of State biennially during the applicable filing period. The applicable filing period for a corporation is the calendar month during which its original Articles of Incorporation or Statement and Designation by Foreign Corporation was filed and the immediately preceding five calendar months. Corporations that have, or will be organized (by filing Articles of Incorporation or Statement and Designation by Foreign Corporation) during the months of January, March, May, July, September and November will be due to file in odd. years and those organized in the months of February, April, June, August, October and December will be due to file in even years. Amendments will be considered any change to the information filed in an initial or biennial statement and may be submitted up to five months prior to the due date of the biennial filing. There will be no fee for filing an amendment to the Statement of Officers. California Secretary of State Statement of Officers Unit (916) 657-3537 18� SON001 `In CAW"01WO. the &CtttWV ofSt'sm nftane U3$ DowNEY SAVINGS LA QUINTA BRACH 78-435 HIGHWAY'111 STATEMENT DATE LA QUINTA CA 92253 06-19-2000 PHONE 760-564-6661 PREVIOUS -STATEMENT 'DATE 05-19-2000 PAGE. 1 OF 1=y: LA,QUINTA ARTS ASSOCIATION PO BOX 4' LA QUINTA CA 92253 `CHECKING ACCOUNT NUMBER 36-5301,493-6 YEAR-TO-DATE INTEREST fi VIOUS"STATEMENT'BALANCE 05-19-2000..............................`..`. µA $2,220.74` SUMMARY OF TRANSACTIONS ON THIS STATEMENT 1 DEPOSITS AND OTHER CREDITS 'TOTALLING., ....................... 7.75 INTEREST PAID THIS STATEMENT PERIOD.... ..................... .00 4 CHECKS AND 2 OTHER DEBITS TOTALLING ....................... 99.96- -- ENDING STATEMENT BALANCE ............................................... $2,128:53 DEPOSITS AND OTHER CREDITS DATE POSTED AMOUNT POSTED AMOUNT 05-23 7.75 CHECK :w,DATE CHECK DATE NUMBER PAID AMOUNT NUMBER PAID AMOUNT 251 05-26 9:00 261* 05-26 15.00 259* 05-26 20.00 270* 05-26 35.96 OTHER DEBITS Navus Services Settlement 06-05 1800 'Canceled Check Return Fee - 06-19 2.00 DAILY BALANCE DATE AMOUNT DATE AMOUNT, 05-23 2,228.49 06-05 2130.53 1.8 05-26 2:148.53 06-19 2:128:53 `" FIND US ON THE WEB AT HTTP://WWW.DGWNEYS"INGS.COM * GAP IN CHECK SEQUENCE # THIS CHECK WILL BE INCLUDED IN YOUR NEXT STATEMENT If your ATM, ATM Plus Visa or Access To Cash card is lost or stolen: Call 1-800-936-9639 AS.OSS Fj i#6pi�il LA QUINTA BRANCH 78-435 HIGHWAY:,111 STATEMENT,-- LA QUINTA CA 92253,'05-19:200EI�� PHONE 760-564-6661` PREVIOUSnSTATEA f 04,-19-2000'. T '? rt LA QUINTA ARTS ASSOCIATION` PO BOX 4r " LA QUINTA CA 92253 Race into Downey Sa n'ngs for an Auto Loan Today! , ,f On August 1, 2000, the enclosed Schedule of Fees and Ch es'*';� becomes effective changing monthlyservice fees on Internet Checking r ;� and Pass accounts, NS `char ' ts, , _ �� es,e � da4 fern °non -Do tagres, , payme` d levy, processing. . CHECKING -ACCOUNT NUMBER 36-5301493-6 YEAR -TO DATE WOES, k =� PREVIOUS 'STATEMENT -BALANCE 04-19-2000...:....:....... , .w...::`....�:.�ff ��z� SUMMARY'rOF TRANSACTIONS ON THIS'STATEMENT 2 DEPOSITS AND OTHER CREDITS TOTALLING:.....«. .,..�...,..«wry 6 INTEREST PAID THIS STATEMENT PERIOD. 22-CHECKS AND 4 OTHER DEBITS TOTALLING.. t:..":.:....... r,< ENDING 'STATEMENT BALANCE .............. DEPOSITS AND OTHER CREDITS � r DATE DATE k 1. POSTED AMOUNT POSTED AMOUNT 04-26 215.50.i\ 'HE CKS—ANYYFHE UEF1't'S PAID NUMBER 242* 04-24 244* 04-21 246 04-24 248* 04-21 252* 0424 53 0- 255 04-24 CHECK DATE AMOUNT NUMBER'" PAID FfR 68.00 256 04, , 10:94 257' 04-21 ,¢ 36.21%-\ 258 05=03 72.00 * �. 05-02_ 124.00 262* " ` 05-12 < r 120.00h 263 72.00'h 264 05-19 141.55� 265 05-17,�� 85.00'� 266 05-171 5.00+\ 268* 05-15 24.00 269 05-12 FIND US ON THE WEB AT HTTP://WWW.DOWNEYSAVINGS.00M * GAP IN CHECK SEQUENCE N THIS CHECK WILL BE INCLUDEDIN YDIJR NEXT-STATim If your ATM, ATM Plus Visa or Access To Cath card is lost or stolen: Call 1-800-938-0839 AMP= __ O LAQUINTA BRANCH: _Pr 78-435 HIGHWAY: 111 STATEMENT=�p'ATE LA QUINTA CA 92253 05-19-2000.�� w PHONE 760-564-66611i PREVIOUS;�STATEMENT�OA' of PAGE 2 OF; �� LA QUINTA ARTS ASSOCIATIONa j rd� . ,a CHECKING ACCOUNT NUMBER 36-5301493-6 Check Printing Char a With Tax 04-265� Novus Vs Mc Ref Cre Card 05-01w, Novus Vs Mc Ref Cred Card 05-01 - '. Novus Services Settlement 05-03 DAILY BALANCErirp�, , DATE AMOUNT DATE J1, AMC U ' �5491705492504-21 2,792.86 05-03 .90 04-24 2,548.92 0512 04-25 2,404.92 05-15 -17 316.74 �k04-26 2,390.82 052,x r yy� 05-01 2,380.61 05-19 2,220:'4 05-02 2, 365.11 xA�' f �y � s Js, FIND US ON THE WEB AT HTTP://WWW.DGWNEYSAVINGS.COM * GAP IN CHECK SEQUENCE If your ATM ATM Plus Visa or Access To Cash card is lost or stolen: Call 1-800-938-9639 .s.M LA QUINTA BRANCH 78-435 HIGHWAY'111 LA QUINTA CA 92253 PHONE 760-564-6661 LA QUINTA ARTS ASSOCIATION PO BOX 4 LA QUINTA CA 92253 Race into Downey. Savings for an. auto loanl We can help with a purchase or refinance, plus we offer competitive rates,': flexible terms, discount rate for automatic deductions and' no processingTees Sowh � waste time racing around looking. for a, "deal,"when ouan gets s. -rate �gh> use►-€rem=::�ey-Saving�.For�ct-,- t . x.c CHECKING ACCOUNT NUMBER 36-5301,493-6 YEAR-TO-DATE INTEREST �, V0 PREVIOUS STATEMENT BALANCE 03-18-2000 •.....�� �yS2 71TV .........r.........r,�1lt�♦ SUMMARY``OF TRANSACTIONS ON THIS STATEMENT S , 5 DEPOSITS AND OTHER CREDITS TOTALLING.... 1804.2 INTEREST PAID THIS STATEMENT PERIOD.... *Do 15 CHECKS AND 3 OTHER DEBITS TOTALLING......... .......... :...' 931.6}5* ENDING STATEMENT BALANCE ...................................:.......... DEPOSITS AND OTHER CREDITS POSTED AMOUNT POSTED AMOUNT 04-03 565.15v\ 04-14 04-14 348.66', 4 - OTHER-CRED TTS Ref Cred Card 03-21 Novus Vs Mc Novus Vs Mc.Ref Cred Card 04-04 �g 478:6 ov w' , a CHECKS AND OTHER DEBITS gyp' uT 53e,ax S CHECK DATE �3 DATE F NUMBER PAID AMOUNT BER PAID AMOUNT „�r�° r 215 03-20 80.77t 234 04-07 25.'60 y 218* 03-23 177.00^n 235 04-06 49.,59`� 221* 03-29 89. 50 r 236 04-05 � , `:243 0'00 224* 03-29 2.07v� 237 -04-07 �' B:OON r3 � 227* 03-29 32.50v-, 238 04- 15 1.00 231* 04-10 41.87� 240* 04 O � � fi�� 8.50 ,err„ 232 03_29 117.00„` 241 04-18 � 25..38 233 03 29 3 ,r\ &04 FIND US ON THE WEB AT HTTP://WWW.DOWNEYS"INQS COM , * GAP IN CHECK SEQUENCE # THIS CHECK WILL BE INCLUDED IN YOUR NRYT'cTATEMENT_'` If your ATM, ATM Pius visa or Access To Ca�h'card is lost or stolen: Call 1-800-936-9639 .s.o.. LA QUINTA BRANCH t , t4qD , ' 78-435 HIGHWAY 1 STATEMENT�AT LA QUINTA CA 92253 .04-19-2000W; PHONE 760-564-6661 PREVIOUS VATEME,, y038 2000 LA QUINTA ARTS ASSOCIATION r. CHECKING ACCOUNT NUMBER 36-5301493-6 OTHER DE � � Novus Vs Mc Ref Cred Card 03-31 z Novus Vs Mc Ref Cred Card 04-03 6.60 ,. Novus Services Settlement- 04 8 DAILY BALANCE DATE AMOUNT DATE ,AMOUNT r,� i o- ,, :> 03-20 2,193.75 04 05 2682;5�, 03-21 2,339.20 04 O62 632..96�r 03-23 2,162.20 04 01 599.E ;._ 03-29 1, 917.93 03-31 1,916.19 04-14 y317245 '" 04-03 2,474.74 04-18��. n3,147�F 04-04 2,935.05 Oat fl.a r�.yJY$� ,. FIND US ON THE WEB AT HTTP://WWW.DOWNEYSAVING * GAP IN CHECK SEQUENCE K THIS CHECK ILL`BE INCLUDED IN Y URkle , If Your ATM ATM Plus Vise or Access To Cash card is lost or stolen: call 1-800-938-9639 AS"M __ 003946 003946 0 19 "%JVV IN I -.ofv LIWNZ) LA,QUINTA BRANCH 78-435HIGHWAY 111 LA QUINTA CA 92253 PHONE 760-564-6661 LA QUINTA ARTS ASSOCIATION. PO BOX 4 LA QUINTA CA 92253 :PREVIOUS- STATEMENT ,BALANCE 11-19-1999........................ ,.630.22 SUMMARY OF TRANSACTIONS ON THIS STATEMENT ' 5 DEPOSITS AND OTHER CREDITS TOTALLING ...................... 1,750.15'' INTEREST PAID THIS STATEMENT PERIOD*"*'* 19-CHECKS AND 2 OTHER DEBITS TOTALLING.... ..............,.,.�. 1,960.15 ENDING STATEMENT BALANCE ..... h, ............ ...........:...:..........:,. „..$1,420.22� DEPOSITS`AND OTHER CREDITS DATE DATE .� POSTED AMOUNT POSTED �AMOUHT >,, ` 11-30 352.34 12-07i94.03` 11-30 45.0 12-15 486.05t s r' 3 n: r flovus Vs Mc Ref Cred Card 11-23 673.3+� ti w CHECKS AND OTHER DEBITS` CHECK NUMBER - DATE 'PAID AMOUNT CHECK NUMBER ' DATE 'PAID", �. 157 11-22 85.07`\ 177 12-10,z,= 54,47,� 162* 164* 11-22 11-22 40.00`\ 18.00-A 179* 180 12-13 12-14 36,00 r} � 99.00 169* 11-22 4.50 183* 12-14 171* 11-23 33.41h 184 12-13 74.00 172 11-22 490.50v 185 12-10 60.00�. 173 11-22 122.8011\ 186 12-13 174 11-23 120.55 187 12-13 4.50 `7 175 12-02 50.00 189* 12-16 46.61 9 176 12-13 54.78�� 044 FIND US ON THE WEB AT HTTP://WWW.DOWNEYSAVINGS.CDM * GAP IN CHECK SEQUENCE N THIS CHECK WILL BE INCLUDED IN YOUR NEXT STATEMENT. IF YOUR VISA ATM PLUS CARD IS LOST OR STOLEN:'CALL OUR 24 HOUR NUMBER: (800) 9-DOWNEY. ASPM 003946 003946 0 19 LA QUINTA BRANCH DOWNEY SAVINGS 78-435-HIGHWAY 1,11-STATEMENT'',DATE 4",� LA QUINTA CA 92253 12-18=1999�"r. PHONE 760-564-6661' PREVIQUS;STATEMENT DATE PAGE 2 OF Z. k LA QUINTA ARTS ASSOCIATION . . CHECKING ACCOUNT NUMBER 36-5301493-6 77 Novus Vs Mc Ref Cred Card 12-02 12.32 Novus Services Settlement 12-03 18 68 -DAILY BALANCE r,K DATE AMOUNT DATE AMOUNT _f. 11-22 869.35 12-10� i784,62 -11-23 1, 388.72 12-13 ],507=34- 11-30 1786.06 12-14 `.980,84 12-02 1:723.74 12-15 �1 °466 89 12-03 1,705.06 12-16 1420.22 w° rar 12-07 1, 899.09 .9 fiJ '... 0,45 FIND US ON THE WEB AT HTTP://WWW.DGWNEYSAVINGS.COM * GAP IN CHECK SEQUENCE N THIS CHECK WILL BE INCLUDED IN YOUR NEXT STATEMENT. IF YOUR VISA ATM PLUS CARD IS LOST OR STOLEN: CALL OUR 24 HOUR NUMBER: (800) 9-DOWNEY. AWWO 990 Retur r ni on Exempt From Income Tax Uneier section 501(e) of the Internal Revenue Code (except block lung benefit trust or privatem foundation) or section 4947(a)(1) nonexempt charitable trust baparlrryrM or tha Traaawlr Wernal nawwwe'.. Nob: Me iiafrorr FrW have to use a 4;qpy or this reheat ro sods stare 2ponrng reQuirerrre A Fer tM 19ed Calendarwow OR tax sr Cud OMe No. 156S-0047 298 ni" Fonn le I" to Ihr6Ne 1geQ, and .19 a ctierx if: Irraaaa c of ogsnizfton 1 19'Wlovel IAeafiltCeeon nlrrrper rr0�ctwpe o/ aeo,.�. lobe r S A rho T.0 :2 RYA Ivran /o ce n off'" return I to a Nu and stable 1a P.O. box A read is not delwered to steel addresl lioowumfe It Telephone O Final return see 4 • ❑ Amended ►Num Ire nor tOwn, state 0► ountry. and ZIP.1 O �— Nepuiredork6g)so or tpra 4//(,+ A s� R Cheek ► ❑ 's nremotan application SlAtO G Type of wg";tati n—► ❑ Exe ntDt unrNr e.eGtiOn 501(c>( ) 4 (insert number) on ► ❑section 4947(axt) nonexempt cha►itable trust Note: Sairben Wlfc) 1 ex@nW arpaflii Wfits and 4W(a)(11 natter W charitable teats It1I "stoma a ooelpr7e1ed schedule A (Form Oft OW Is this a group return filed for affitialea? . . . . . . . . . ❑ Yes YNo 1 1 If either box e1 If rs ehecked 'vet." enter bur -digit group axeegtwn number (GEN) ► .. ...... . . . ... ... p} If 'Yea." enter Irte number Of affi►ales (a when Irks Mturn ,s fAed . ► J Accounting methow ❑ Cash ❑ Accrual (CI Is this a separate return filed by an orgsmzaaon covered by a group ? 0 Yea No ❑ other (Specify) I. K Ch$Ck here ► if the e►ganl:atron's gross fWAVIS re nwmm#Y not more then S25.000. The orgarriabon nee0 not fie is aturn we ere W& but d It •sCMrled a Form ge 990 Packain the nil. it should file a return without financier data Soma states reptlYe a Cerrr0leb rekirn. Note. foam 99047 rnav his "SwA nn AA,% Revenuer Expvvim, and C?fa in Net Assets or Fund Balancies See Specific 1 Contributions, gifts, grants, and similar amounts received: vw v, ca �. lint. Instructions on page 13.) a Direct public support . . . . . . . . . . . . 1s b Indirect public support . . . . . . . . . . . . 1b c Government contributions (grants) . . . . . 1c d Total (add lines to through Ic) (attach schedule of contributors) (cash S noncash S ) , . , . , . , , . . 1d 2 Program service revenue including government fees and contracts (from Part VII, kne 93) 2 3 3 Membership dues and assessments . . . . . . . . . . . . . . . 4 4 Interest on savings and temporary cash investments . . . . , . . . . 5 5 Dividends and interest fnxn securities . . . . . . . . . . . . 4a Gross rents . . . . . . . . . . . . . . 6a b Less: rental expenses . . . . . . . . . . . . 8b e Net rental income or (loss) (subtract line 6b from line 6a) . . . . . . . . . . 7 Other investment income (describe ► 1 6c 7 _ Be Gross amount from sale of assets other W Securilias tat o"wr than inventory . . . . . . . . b Less: cost or other basis and sales expenses. 8b c Cain or (loss) (attach schedule) . . . . 8c d Net gain or (loss) (corrlbirle line 8c, columns 1A) and (e)) . . . . . . . . . . . 9 Special events and activities (attach schedule) a Gross revenue (not including $ of contributions reported on line 1 a) . . . . . . . . 98 b Less: direct expenses other than fundraising expenses 9b e Net income or (loss) from special events (subtract line 9b from line 9a) . . . . . 10a Groh sales of inventory, less returns and allowances . . 100 b Less: cost of goods sold . . . . . . . . . . . 10b e Gross profit or (loss) from sales of inventory (attach schedule) (subtract line 10b from line 10a) . 11 Other revenue (from Part VII, line 103) . . . . . . . . . . . . . . . . 10c 11 12 12 Total revenus add lines 1d, 2, 3, 4, S. 6c, 7, ed, 9c, 10c, and 11) . W 13 Program services (from tine 44. cottllttn (ft . . . . . . . . . . . . . . 14 Management and general (from line 44, oolulmn (C)) . . . . . . . . . . . . 15 Fundraising (from line 44. column (D)) . . . . . . . . . . . . . . . . 16 Payments to affiliates (attach schedule) . . . . . . . . . . . . . . . . 17 Total expenses (add lines 16 and 44, column 13 14 Is 16 = 18 Excess or (deficit) for the year (subtract line 17 from line 12) _ _ 18 A U46 Form 990 nosey Page 2 Statement of At organizations must complete column (A). Columns (8), (C). and (D) are required for section 501(c)(3) and (4) organizations e......*:.....t cVVhftV.0Ab6 and section 4947(aylt) nonexempt charitable trusts but optional for others, (See Specific Instructions on page 17.) Do not include amounts reported on line 6b, 8b, 90, 1 ob, or 16 of Fart 1. (A) Tow (0) Program ser�ces (c) Management and general (DI Fundraising 22 Grants and allocations (attach schedule) . (cash $ noncash $ ) 23 Specific assistance to individuals (attach schedule) 24 Benefits paid to or for members (attach schedule). 25 Compensation of officers, directors, etc. 26 Other salaries and wages . . . . . . . 27 Pension plan contributions . . . . . . 28 Other employee benefits . . . . . 29 Payroll taxes . . . . . . . . . . 30 Professional fundraising fees . 31 Accounting fees . . . . . . , . . , 32 Legal fees . . . . . . . . . . . 33 Supplies . . . . . . . . . . . 34 Telephone . . . . 35 Postage and shipping . . . . . . . . 36 Occupancy . . . . . . . . . . . 37 Equipment rental and maintenance . . . . 38 Printing and publications . . . . . . . 39 Travel . . . . . . . . . . . . . 40 Conferences, conventions, and meetings . 41 Interest . . . . . . . . . . . . 42 Depreciation, depletion, etc. (attach schedule) 43 Other expenses (itemize): a . ............... . .. b.................................................... c d .._...... e---------------------------........................ 44 ToW f riciiot* eallely a (add lines 22 through 43) Orpnks ions coltx+ a fflj-(% carry fto boWs to ins 13.15 . 22 23 24 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43s 43b 43c 43d 43e 44 Reporting of Joint Costs. —Did you report in column (B) (Program services) any joint costs from a combined educational campaign and fundraising solicitation? . . . . . . . . . . . . . . . . . . ► ❑ Yes ❑ No If "Yes," enter (Q the aggregate amount of these joint costs $ the amount allocated to Program services $ (IN) the amount allocated to Management and general $ ; and w the amount allocated to Fundraising S Statement of Prorn SeMce Acc9mpHshments Specific Instructions on --page 20. What is the organization's primary exempt purpose? N:�`� (Sid?} CyQ� i4'� ts'•. _ . ���, �; Program service All organizations must describe their exempt purpose achieve i �r �tid�oricise manner. elite a ipeou�iae5o�3) and of clients served, publications issued, etc. Discuss achievements that are not measurable. (Section 501(c)(3) and (4) (4) orgs.. and 4947(al(t) or anizations and 4947 1 nonexempt charitable trusts must also enter the amount of rants and allocations to others.) trusts: butrsJoptional nor 9 (a)() 9 others.i ...........................................................'�d1��----............................................. .......................................... ............. ............................................................. .... (Grants and allocations $ ) b...................................................................•--------...--------.......................... ...................................................................................................... (Grants and allocations $ ) c........................................................................................................._....------_..... ---------- ..................................:............................................•----------.._....--------_.. (Grants and allocations $ ) d.............................. ......................................... ------...._................................... ...........:.................................................................................................::::::----- 195 (Grants and allocations $ ) e Other erogram services Jattach schedule) Grants and allocations $ y • T-tar of Drnoram Service Expenses (should equal line 44, column (B), Program services) . �IE Form 990 (1998) Page 3 Balance Shoats (See Specific instructions on page 20.) Note; Where required, attached schedules and amounts within the description column should be for end -of -year amounts only. (A) Beginning of year (8) End of year 46 Cash---non-interest-bearing . . . . . . . . . . . . . . 46 Savings and temporary cash investments . . . . . . . . . . 45 46 47a Accounts receivable . . . . . . . . 476 b Less: allowance for doubtful accounts . . 47b 47c 484 Pledges receivable . . . . . . . . b Less: allowance for doubtful accounts . . 48b 48e 49 49 Grants receivable . . . . . . . . . . . . . . . . . . 50 Receivables from officers, directors, trustees, and key employees (attach schedule) . . . . . . . . . . . . . . . . . . 50 51s Other notes and loans receivable (attach schedule). . . . . . . . . . . . 51a b Less. allowance for doubtful accounts . 51bl 51c 52 52 Inventories for sale or use . . . . . . . . . . . . . . . 53 53 Prepaid expenses and deferred charges . . . . . . . . . . 84 54 Investments --securities (attach schedule) . . . . . . . . . 55a Investments —land, buildings, and equipment: basis . . . . . . . . . 55a b Less: accumulated depreciation (attach schedule). . . . . . . . . . . . 55bL 55c 56 56 Investments —other (attach schedule) . . . . . . . . 7a 57a Land, buildings, and equipment: basisMEMIN b Less: accumulated depreciation (attach schedule). . . . . . . . . . . . 57b 57c 58 58 Other assets (describe ► } 59 Total assets iedd lines 45 throw h 58) (must equal line 74) . 59 60 Accounts payable and accrued expenses . . . . . . . . . . 60 61 61 Grants payable . . . . . . . . . . . . . . . . . . 62 a 62 Deferred revenue . . . . . . . . . . . . . . . . . . 63 Loans from officers, directors, trustees, and key employees (attach schedule). 63 64a 64s Tax-exempt bond liabilities (attach schedule) . . . . . . . . b Mortgages and other notes payable (attach schedule) . . . . . 64b 65 65 Other liabilities (describe ► } 66 Total Ifabilities (add lines 60 through 66) . 66 Organizations that follow SFAS 117, check here ► ❑ and complete lines INE a 67 through 69 and lines 73 and 74. 67 Unrestricted . . . . . . . . . . . . . . . . . . . . 68 Temporarily restricted . . . . . . . . . . . . . . . 69 Permanently restricted . . . . . . . . . . . . . 67 68 69 70 1LOrganizations $ that do not follow SFAS 117, check here ► ❑ and complete lines 70 through 74. 70 Capital stock, trust principal, or current funds . . . . . . . . 71 a 71 Paid -in or capital surplus, or land, building, and equipment fund . . 72 72 Retained earnings, endowment, accumulated income, or other funds y 73 Total net assets or fund balances (add lines 67 through 69 OR lines 70 through 72; column (A) must equal line 19 and column (B) must equal line 21) . . . . . . . . . . . . . . . . 73 74 74 Total liabilities and net assets / fund belances add lines 66 and 73 Form 990 is available for public inspection and, for some people, serves as the primary or sole source of information abou��aa�� f particular organization. How the public perceives an organization in such cases may be determined by the information present�dil (} on its ittum. Therefore, pleaso make sure the return is complete and accurate and fully describes, in Part Ill. thra nrraanization's programs and accomplishments. 048 Form 990 (1998) Page 4 Reconciliation of Revenue per Audited Reconciliation of Expenses per Audited Financial Statements with Revenue per Financial Statements with Expenses per Return (See Specific Instructions, page 22.) Return a Total revenue, gains, and other support a Total expenses and losses per per audited financial statements. ► a audited financial statements ► a b Amounts included on line a but not on b Amounts included on line a but not line 12, Form 990: on line 17, Form 990: (1) Net unrealized gains on investments $ (1) Donated services and use of facilities $ (2) Donated services and use of facilities $ (2) Prior year adjustments reported on line 20, (3) Recoveries of prior year grants . . . $ Form 990 . . . $ (3) Losses reported on (4) Other (specify): line 20, Form 990 $ ...................... (4) Other (specify): ...................... Add amounts on lines (1) through (4) ► b ...................... $ Add amounts on lines (1) through (4)► b c c Line a minus line b. . . . . . No. c c Line a minus line b . . . . . ► d Amounts included on line 12, d Amounts included on line 17, Form 990 but not on line a: Form 990 but not on line a: (1) Investment expenses (1) Investment expenses not included on line not included on line 6b,Form 990 . $ 6b,Form 990. . . $ (2) Other (specify): (2) Other (specify): Add amounts on lines (1) and (21 ► d Add amounts on lines (1) and (2) ► d e e e Total revenue per line 12, Form 990 line c plus lined . ► a Total expenses per line 17, Form 990 line c plus lined . ► WURM List of Officers. Directors. Trustees. and Kev Emolovees (List each one even if not compensated: see Specific Instructions on page 22.) (A) Name and address (B) Title and average hours per week devoted to position (C) Compensation (if not paid, enter -0-.) (D) Contributions to employee benefit plans 8 deterred compensation (E) Expense account and other allowances jrt nl D- ------ `5 ----------7 s��y4��------- ------ v Y, CAE- . 0aC-q ----- -u.)-y. ---------- i ._ 4 ft'._9 i,.%j 1 -1!1 � r-- a J e r- �y ----Qa - a ..-i= GN----------------- b.,. --------------------- �- ------------ --� 1 16 75 Did any officer, director, trustee, or key employee receive aggregate compensation of more than $100,000 from your organization and all related organizations, of which more than $10,000 was provided by the related organizations? ► ❑ Yes ANo If "Yes," attach schedule —see Specific Instructions on page 22. U49 fore, 9W page 5 76 Did the organization engage in any activity not previously reported to the IRS? If 'Yes," attach a detailed description of each activity . 77 Were any changes made in the organizing or governing documents but not reported to the IRS? . . . If "Yes," attach a conformed copy of the changes. 78a Did the organization have unrelated business gross income of $1,000 or more during the year covered by this return?, b If "Yes," has it filed a tax return on Form 990-T for this year? . . . . . . . . . . . . . . . 79 Was there a liquidation, dissolution, termination, or substantial contraction during the year? If "Yes," attach a statement 80a is the organization related (other than by association with a statewide or nationwide organization) through common membership, governing bodies, trustees, officers, etc., to any other exempt or nonexempt organization? - . . b If "Yes," enter the name of the organization ► .............. ............ . ......... - - - - - - .......... _ ............ - - _ ........................................ .......... and check whether it is ❑ exempt OR ❑ nonexempt. 81a Enter the amount of political expenditures, direct or indirect, as described in the instructions for fine 81 . . . . . . . . . . . . . . . . . . . . I81a I b Did the organization file Form 1120-POL for this year? . . . . . . . . . . . . . . . . . . 82a Did the organization receive donated services or the use of materials. equipment, or facilities at no charge or at substantially less than fair rental value? . . . . . . . . . . . . . . . . . . . . . b If "Yes," you may indicate the value of these items here. Do not include this amount as revenue in Part I or as an expense in Part II. (See instructions for reporting in Part Ill.). . . 182b I Wo Did the organization comply with the public inspection requirements for returns and exemption applications? b Did the organization comply with the disclosure requirements relating to quid pro quo contributions? . 84a Did the organization solicit any contributions or gifts that were not tax deductible? , . . . . . . . b If "Yes," did the organization include with every solicitation an express statement that such contributions or gifts were not tax deductible? . . . . . . . . . . . . . . . . . . . . . . . . . 85 501(c)(4), (5), or (6) organizations. —a Were substantially all dues nondeductible by members? . . . . . . . b Did the organization make only In-house lobbying expenditures of $2,000 or less? . . . . . . , , If "Yes" was answered to either 85a or 85b, do not complete 85c through 85h below unless the organization received a waiver for proxy tax owed for the prior year. c Dues, assessments, and similar amounts from members . . . . . . . . 85c d Section 162(e) lobbying and political expenditures . . . . . . . . . . 85d e Aggregate nondeductible amount of section 6033(e)(1)(A) dues notices we If Taxable amount of lobbying and political expenditures (line 85d less 85e) 851 g Does the organization elect to pay the section 6033(e) tax on the amount in 85f? . . . . . . . . . h If section 6033(ext)(A) dues notices were sent, does the organization agree to add the amount in 85f to its reasonable estimate of dues allocable to nondeductible lobbying and political expenditures for the following tax year?. 86 501(c)(7) organizations. —Enter: a Initiation fees and capital contributions included on line 12 . . . . . . . . . . . . . . . . . . . . . . 860 b Gross receipts, included on line 12, for public use of club facilities, 86b _ 87 501(c)(12) organizations. —Enter: a Gross income from members or shareholders . . . . . . . . 87a b Gross income from other sources. (Do not net amounts due or paid to other sources against amounts due or received from them.) . , . . . . . . 87b 86 At any time during the year, did the organization own a 50% or greater interest in a taxable corporation or partnership? If "Yes," complete Part IX . . . . . . . . . . . . . . . . . . . . . . . 69a 501(c)(3) organizations. —Enter: Amount of tax imposed on the organization during the year under: section 4911 to ; section 4912 ► ; section 4955 ► b 501(c)(3) and 501(c)(4) organizations. —Did the organization engage in any section 4958 excess benefit transaction during the year? If "Yes," attach a statement explaining each transaction . . . . . . . e Enter. Amount of tax imposed on the organization managers or disqualified persons during the year under sections 4912, 4955, and 4958. . . . . . . . . . . . . . . . . . . . . . . . ► 85h 88 Yes No d Enter: Amount of tax on line 89c, above, reimbursed by the organization. . . . . . . . . . ► 90a List the states with which a copy of this return is filed ► ................... . ......................................................... b Number of employees employed in the pay period that includes March 12. 1998 (See instructions.) . . 1901b I 91 The books are in care of ►...................................... ......... Telephone no. Do- (-------- ) Locatedat ►...........-•---•.....................................••--.....-----..... ZIP + 4 ► ...... 92 Section 4947(a)(1) nonexempt charitable trusts filing Form 990 in lieu of Form 1041—Check here ► [ 9 and enter the amount of tax-exempt interest received or accrued during the tax year ► 192 I 1 050 Form 990 (1998) Page 6 FURMM Analysis of Income -Producing Activities (See Specific Instructions on page 27.) Enter gross amounts unless otherwise indicated. 93 Program service revenue: a b Unrelated business income Excluded by section 512, 513, or 514 (E) Related or exempt function income (A) Business code (B) Amount (c) Exclusion code (D) Amount c d e f Medicare/Medicaid payments . . . . . . g Fees and contracts from government agencies 94 Membership dues and assessments . . . 95 Interest on savings and temporary cash investments 96 Dividends and interest from securities . . . 97 Net rental income or (loss) from real estate: a debt -financed property . . . . . . . . b not debt -financed property . . . . . . . 98 Net rental income or (loss) from personal property 99 Other investment income . . . . . . . 100 Gain or (loss) from sales of assets other than inventory 101 Net income or (loss) from special events . . 102 Gross profit or (loss) from sales of inventory . 103 Other revenue: a b c d e Ind Suhtntal (add columns (B). (D). and (El) _ . 105 Total (add line 104, columns (B), (D), and (E)) . . . Note: (Line 105 plus line 1d, Part 1, should equal the amount on line 12, Part l.) Relatienshin of Activities to the Accomplishment of Exempt Purposes (See Specific Instructions on page 28.) Line No. Explain how each activity for which income is reported in column (E) of Part VII contributed importantly to the accomplishment of the organization's exempt purposes (other than by providing funds for such purposes). Information Regarding Taxable Subsidiaries (Complete this Part if the "Yes" box on line 88 is checked.) Name, address, and employer identification number of corporation or partnership Percentage of ownership interest Nature of business activities Total income End -of -year assets Please Sign Here Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is t e, correct, and complete. Declaration of preparer (other than officer) is based on,all�information of which preparer has any knowledge. (See Ge ri st ucticn U, 0 2.) j]r_� - ' Sig ure of o is Dat ' Type or print ame and title. Paid Preparers' signature Date Check if employed ► ❑ Preparer's SSN Preparer's Use Only Firm's name (or yours if self-employed) and address EIN 0- ' ZIP + 4 ► 051 0 Printed on recycled paper ATTACHMENT 6 City Council Minutes 10 July 20, 1999 C�► Council Member Henderson noted that the ity has an adopted Economic Development Plan, whic clearly /ome direction the Council feels the City should go. Mr. Kiner advised that they neput from Council on howto put "moving to La Quinta" and "s Quinta" into the Marketing Plan. MOTION - It was moved b Cou cil Members Sniff/Henderson to refer this matter back to staff to gotiate modified contract with Kiner/Goodsell Advertising with/aKiner/Goodsell emphasis n economic development and less on community evenuitable adju ments in costs, including the retainer; and to form a sue of Mayor P "a and Council Member Henderson to work with staff and report back on August 3, 1999. Motion carried uy. MINUTE ORD R NO. 99-98. 6. CONSIDERATION OF A SUBLEASE AGREEMENT FOR THE LA QUINTA ARTS ASSOCIATION TO SUBLEASE A PORTION OF THE CITY -OWNED BUILDING OCCUPIED BY THE LA QUINTA CHAMBER OF COMMERCE, AND OF A REQUEST BY THE LA QUINTA ARTS ASSOCIATION FOR FINANCIAL ASSISTANCE. Ms. Coyle, Management Analyst, advised that the City's lease agreement with the Chamber of Commerce requires the City's written approval for the Chamber to sublease the building to the La Quinta Arts Association. She advised that Attachment #5 (draft letter to the Chamber) outlines several requirements that should be included in the sublease, and that the Arts Association has also submitted a Community Services Grant Application for financial assistance for insurance costs and Village Use Permit fees. In response to Council Member Adolph, Ms. Coyle advised that the Chamber was told by their insurance company that a rider for accident liability cannot be put on their policy for the Arts Association. Elaine Reynolds, 49-294 Avenida Vista Bonita, asked the Council to approve the sublease and grant request,- stating that she felt the City should move forward with this if it truly wishes to become the "City of Art." She then advised of a community she recently visited in British Columbia that has five art galleries with a population of only 7,000 residents. As for the insurance, the artists will display their work at their own risks. Council Member Sniff wasn't sure that it's an ideal location, and asked if they anticipated making further requests for assistance, noting that there was some . City Council Minutes 1 1 July 20, 1999 mention previously about adding onto the building, as well as adding some type of security such as fencing. Ms. Reynolds advised that they are anxious to put in a fence and have a sculpture garden, but that requires a Use Permit at a cost of $1,763, which they are requesting assistance with, and that will take care of their needs for the year. They plan to see how it develops before considering enlarging. Council Member Henderson was supportive of the Arts Association, but understood when the Council approved the concept of the sublease, that the sculpture garden wouldn't be considered until after the traffic/parking problem has been assessed. She didn't have a problem helping with the insurance costs, but felt that the Village Use Permit should be put on hold until the parking issue has been assessed, which won't be known until after they've been open for a while. Mayor Pena was concerned about the continuing amount of money that would be requested, and wasn't comfortable paying for liability coverage for the officers and directors. He felt that was the Association's responsibility. He was also concerned that their moving forward is contingent upon getting the grant. Ms. Reynolds understood that other organizations use their grant funds to pay for their officers and directors insurance, but without spelling it out in their application like the Association did. Council Member Perkins felt that this an opportunity for the City to expand its culture and to open up another resource for the community, and suggested giving them a grant of $5,000 to make sure that they have enough money to do the modifications and security that's needed. He felt that the traffic problems could be addressed if and when they come up. Council Member Adolph agreed, and felt that this would give the City another avenue to expand its art culture. He believed the Mayor has a good point regarding the insurance, and preferred giving them a grant to use as needed. He felt their request is a small amount in comparison to other monies spent by the City, and although he wasn't sure that he would support $5,000, he supported giving them an amount that will help them get established. Council Member Sniff didn't have a problem with the sublease, and agreed that it might be better to give them a grant to use as they see fit, and, supported an �. amount of $ 5,000. 2 O 1 053 City Council Minutes 12 July 20, 1999 Council Member Henderson pointed out that they were only asking for $2,463, which she felt was reasonable. She was concerned about the funds being used to expand the facility before knowing how it's going to work, and felt that it would be wiser for them to have a sense of whether or not it's going to be successful before spending the funds on a Village Use Permit. She advised that she would support their request, but didn't feel that it's a logical precedent to increase a request. Mayor Pena agreed. Council Member Adolph suggested rounding it off to $2,500, and Council Member Henderson agreed. Council Member Perkins felt that the group had shorted themselves on what they're going to need, and that the City should seriously consider giving them more so that they can operate properly. In response to Mayor Pena, Ms. Reynolds advised that they already have volunteers for staffing the facility on weekends, and anticipate having others to help during the week. MOTION - It was moved by Council Members Sniff/Henderson to approve the attached letter to the Chamber of Commerce granting written approval for a sublease between the Chamber and the La auinta Arts Association subject to the outlined conditions and approval of the sublease agreement by the City Attorney, and approve the Arts Association funding request in the amount of $2,500. Council Member Perkins wished to see a compromise between $5,000 and $2,500. Council Member Henderson noted that the Council can always revisit this if the organization is successful, and that there have been some concerns voiced about a potential parkins- problem around the post office. Council Member Perkins stated that he rarely sees more than one or two vehicles parked at the Historical Society, and doesn't anticipate any more than that here. He also noted that the post office is closed on Sunday and is closed on Saturday at 1:00 p.m. He felt that it would be easier to help them now as opposed to having them come back later on, and believed there's no reason to be chintzy about it. He advised that he couldn't support the motion as it stands. 20!�4 ® City Council Minutes 13 July 20, 1999 Council Member Adolph wasn't opposed to increasing the amount if it's going to make a difference in them putting in a facility that's going to compliment the community, and advised that he would support an amount of $4,000. Motion failed with Council Members Adolph, Perkins, and Sniff voting NO. MOTION - It was moved by Council Members Perkins/Adolph to approve the attached letter to the Chamber of Commerce granting written approval for a sublease between the Chamber and the La Quinta Arts Association subject to the outlined conditions and approval of the sublease agreement by the City Attorney, and approve the Arts Association funding request in the amount of $4,000. Motion carried with Council Member Henderson and Mayor Pena voting NO. MINUTE ORDER NO. 99-99. 7. CONSIDERATION OF A REQUEST FROM THE STUDENT CREATIVE RECYCLE ART PROGRAM (SCRAP) GALLERY REQUESTING FINANCIAL ASSISTANCE. Ms. di lorio, Planning Manager, advised that the SCRAP Gallery has requested funding in the amount of $10,000, and that $10,000 has been budgeted in the AB939 Account for community promotions. However, $6,500 has been requested to be allocated under the Kiner/Goodsell contract, leaving a balance of $3,500 in the account. Mayor Pena didn't recall receiving a budget report from SCRAP, and wished to see how the funds are being used in their program. Council concurred on continuing this matter for additional information. MOTION - It was moved by Council Members Sniff/Henderson to continue the funding request by SCRAP Gallery to August 3, 1999, and to ask staff to look into the questions regarding their budget. Motion carried unanimously. MINUTE ORDER NO. 99-100. 8. CONSIDERATION OF APPROVAL OF A REIMBURSEMENT AGREEMENT WITH COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS TO RECOVER CERTAIN CONSTRUCTION COSTS RELATED TO THE WASHINGTON STREET BRIDGE WIDENING OVER THE EVACUATION CHANNEL. Mr. Vogt, Public Works Director, advised that the proposed Reimbursement Agreement for the Washington Street Bridge Widening Project has been approved by CVAG, but will not be funded until 2008/2009 if funds are 2 0 055 ATTACHMENT 7 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR 99-00 Name of Organization: Soroptimist of La Quinta - Coachella Valley Amount Requested: $4070.00 Contact Person: Lana Sherman, President Mailing Address: 43-376 Cook St. #113 City: Palm Desert State: CA Zip Code: 92211 Phone No.: 862-1176 501(c)3 Taxpayer I.D. Number: 33-0054832 Date Submitted: July 31, 2000 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 2 0 't 056 COMMUNITY SERVICES GRANT APPLICATION (Must be typed) 1 . What is the overall purpose or goal of your organization? Soroptimist Int'1 is a worldwide organization for women in management and professions working through service projects to advance human rights and the status of women. 2. How long has your organization been in existence? 16 Years Months 3. Describe in general the activities or services of your organization: In 1999: $2000 to House of Hope(recovery home for women), $2000 in scholarships to H.S. Seniors, $1500 to HOW Foundation (rape crisis), $1000 for Womens Opportunity Award, $800 La FamiliaHS attachedcontinued on page 4. How many people does your organization currently serve? *We provide programs of service for Youth, Adults & Seniors in LQ No. of Youth No. of Adults No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? *Any individuals in the area matching our programs of service No. of Youth No. of Adults No. of Seniors 6. How many people served this Fiscal Year will be'La Quinta residents? *Any individuals in the area matching our programs of service No. of Youth No. of Adults No. of Seniors 7. How many paid employees/volunteers does your organization employ? *All Voluntary Membership Full time employees n Part time employees 0 Volunteers Ali 8. Describe how your organization is managed and governed. Governed by a Board of Directors: President, President -Elect, Vice President, Secretary, Treasurer, 2 Directors 05 057 continued 3. Describe activities and servies: $750 for Youth Citizenship Award, $500 donation to LQ Boys and Girls Club, $500 for two scholarships to LQ Boys and Girls Club, $100 to Ophelia Project, provide birthday cakes to LQ Senior Center. n 058 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Palm Desert Lana Sherman President- 43-376 Conk St #113 862-1176 La Quinta Anita Zanesco Pres. Elect 79-295 Desert Stream Dr. 360-4698 Susan Waters Vice Pres. PO Box 434 La Quinta 772-6457 Marjorie Curtis Secretary 45-355 Mesa Cove IW 341-2723 10. What is your annual schedule of events, and during what months does your organization operate? Weekly meetings Sept. through June 7:30 - 8:30 AM Tuesday 11. Do you charge admission, membership fee, dues, etc.? x Yes No If yes, please describe: Membership Dues $85/yr. Weekly Meeting Fee - $5 each 12. What are your other sources of revenue for this funding year? Source Amount Major Fund Raiser - Golf Tournament Net $8500 WgM@n 81 Distinction T.uncheon & Silent AUction Net $1500 Total Needed $ 4070 37 meetings / yr. Total Received $ @ $110 / meeting Balance $ 4070 f)07 059 13 14 15 Amount of money requested from the City of La Quinta? $ 4070 Has your organization been funded by the City of La Quinta previously? Yes X No If yes, when Amount received Please provide the name and address of the bank in which the organization's funds are kept: 16. Please provide the name and title of those individuals authorized to sign on the organization's account (must provide at least two individuals): Name: Title: Gretchen Perez Treasurer 17. Please provide, as an attachment, copies of the last three months bank statements as well as the- last year's December bank statement of the organization's checking and savings account. 18. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. We are in need of a place to meet. By providing a place for us to meet we can continue to provide our programs of 20 060 N 19. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. Soroptimist is a service organization benefittng the local community. By providing a place for i,s to m.gaQt 1,Te can continue to provide our programs of service and community outreach. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit organizations must attach a copy of the organization's current IRS Form 990. 2)05 061 LA QUINTA BRANCH 78-435 HIGHWAY 111 LA QUINTA CA 92253 PHONE 760-564-6661 SOROPTIMIST INTL OF LA QUINTA PO BOX 1081 LA QUINTA CA 92253 DOWNEY SAVINGS STATEMENT DATE 06-30-2000 PREVIOUS STATEMENT DATE 05-31-2000 PAGE 1 OF 2 Get the facts and get more home than you dreamed possible! Call "Buying 1-800-260-2975 to register for a Downey Savings Power" Home Buyer's Workshop, being held at locations throughout < Califor ; during the monnt s of June and July, 2000 CHECKING ACCOUNT NUMBER YEAR-TO-DATE INTEREST $56.18 J6-5301728-5 INTEREST EARNED 4.54 ANNUAL PERCENTAGE YIELD EARNED i .74% PREVIOUS STATEMENT BALANCE 05-31-2000................................. $7,364.93 i SUMMARY OF TRANSACTIONS ON THIS STATEMENT i 8 DEPOSITS AND OTHER CREDITS TOTALLING ........................ 4,320.00 INTEREST PAID THIS STATEMENT PERIOD ......................... 4.54.. 7 CHECKS AND 0 OTHER DEBITS TOTALLING ....................... 2,350.00- -------------- ENDING STATEMENT BALANCE .............................................. $9,339.47 DEPOSITS AND OTHER CREDITS DATE DATE POSTED AMOUNT POSTED AMOUNT 06-27 325.00 06-27 325.00 06-27 245.00 06-27 700.00 06-27 325.00 06-27 1075.00 06-27 325.00 06-28 1:000.00 OTHER CREDITS Interest 06-30 4.54 CHECKS AND OTHER DEBITS CHECK DATE CHECK DATE NUMBER PAID AMOUNT NUMBER PAID AMOUNT 350 06-15 350.00 363* 06-21 29.77 358* 06-13 110.23 365* 06-27 500.00 359 06-30 800.00 368* 06-29 60.00 361* 06-26 500.00 210 062 FIND US ON THE WEB AT HTTP://WWW.DOWNEYSAVINGS.COM * GAP IN CHECK LA QUINTA BRANCH 78-435 HIGHWAY 111 LA QUINTA CA 92253 PHONE 760-564-6661 SOROPTIMIST INTL OF LA QUINTA CHECKING ACCOUNT NUMBER 36-5301728-5 -DAILY BALANCE DATE 06-13 06-15 06-21 06-26 AMOUNT DATE 7254.70 06-27 6:904.70 06-28 6874.93 06-29 6:374.93 06-30 DOWNEY SAVINGS STATEMENT DATE 06-30-2000 PREVIOUS STATEMENT DATE 05-31-2000 PAGE 2 OF 2 AMOUNT 9,194.93 10194.93 10:134.93 9,339.47 f)1.1 t- J. 063 FIND US ON THE WEB AT HTTP://WWW.DOWNEYSAVINGS.COM * GAP IN CHECK SEQUENC LA QUINTA BRANCH 78-435 HIGHWAY 111 i e niiTNTe re a9q;,; DoWNEY SAVINGS STATEMENT DATE nr-ii-onnn _.. qWJ JL PHON.766VIOUS GWww STATEMENT DATE 04-29-2000 PAGE 1 OF 2 SOROPTIMIST INTL OF LA QUINTA PO BOX 1081 LA QUINTA CA 92253 Free Home Buyer's Workshops throughout CA. Call today: 1-800-260-2975. On August 2, 2000, the enclosed Schedule of Fees and Charges becomes effective, changing monthly service fees on Interest Checking and Passbook Savings Accounts, NSF charges, and fees on non -Downey ATM transactionf, outgoing wires,,stop payments, and levy processing. CHECKING ACCOUNT NUMBER J6-5301728-5 YEAR-TO-DATE INTEREST $51.64 INTEREST EARNED 7.31 ANNUAL PERCENTAGE YIELD EARNED .79% PREVIOUS STATEMENT BALANCE 04-29-2000................................. $12,650.82 SUMMARY OF TRANSACTIONS ON THIS STATEMENT 0 DEPOSITS AND OTHER CREDITS TOTALLING ........................ .00 INTEREST PAID THIS STATEMENT PERIOD .............::.......... 7.31 9 CHECKS AND 0 OTHER DEBITS TOTALLING ....................... 5,293.20- ----$7,364.93 ENDING STATEMENT BALANCE............................................... DEPOSITS AND OTHER CREDITS OTHER CREDITS DATE POSTED AMOUNT Interest 05-31 7.31 i CHECKS AND OTHER DEBITS CHECK DATE CHECK DATE NUMBER PAID AMOUNT NUMBER PAID AMOUNT 340 05-26 750.00 351* 05-09 29.99 345* 05-01 45.21 353* 05-16 2,180.00 347* 05-02 38.00 354 05-24 1,500.00 348 05-04 200.00 355 05-23 500.00 349 05-30 50.00 DAILY BALANCE DATE AMOUNT DATE AMOUNT 05-01 12605.61 05-04 12,367.61 1 ti 05-02 12:567.61 05-09 12,337.62 0 6 FIND US ON THE WEB AT HTTP://WWW.DOWNEYS"INGS.CGM * wAY I CHECK SEQUENCE # THIS CHECK WILL OF TNr.i ii1Fn TN vnim wivyT vT^Tvmvw LA QUINTA BRANCH 78-435 HIGHWAY 111 LA QUINTA CA 92253 PHONE 760-564-6661 SOROPTIMIST INTL OF LA QUINTA CHECKING ACCOUNT NUMBER 36-5301728-5 DovvNEY SAVINGS STATEMENT DATE 05-31-2000 PREVIOUS STATEMENT DATE 04-29-2000 PAGE 2 OF 2 DAILY BALANCE DATE AMOUNT DATE AMOUNT 05-16 10157.62 05-26 7407.62 05-23 9:657.62 05-30 7:357.62 05-24 8,157.62 05-31 7,364.93 21fN 0 065 FIND US ON THE WEB AT HTTP://WWW.DOWNEYSAVINGS.COM * GAP IN CHECK SEQUENCE N THIS CHECK WILL RE INCLUDED IN YOUR NEXT STATEMENT Tfvnite ATM ATM 01— v:,.. -- An....--- T_ ..__� -_-- _ .--.. _._ _ .. _-- --- _--- LA QUINTA BRANCH 78-435 HIGHWAY 111 LA QUINTA CA 92253 PHONE 760-564-6661 SOROPTIMIST INTL OF LA QUINTA PO BOX 1081 LA QUINTA CA 92253 DOWNEY SAVINGS STATEMENT DATE 04-29-2000 PREVIOUS STATEMENT DATE 03-31-2000 PAGE 1 OF 2 Mace into Downey Savings for an auto loan! We can help with a car purchase or refinance, plus we offer competitive rates, flexible terms, discount rate for auto-matic deductions and no processing fees. So why waste time racing around looking for a "deal," when you can get a great rate right now from Downey Savings. For details, visit the branch today! CHECKING ACCOUNT NUMBER 36-5301728-5 YEAR-TO-DATE INTEREST $44.33 INTEREST EARNED $10.90 ANNUAL PERCENTAGE YIELD EARNED 1.00% PREVIOUS STATEMENT BALANCE 03-31-2000................................. $14,655.42 SUMMARY OF TRANSACTIONS ON THIS STATEMENT 0 DEPOSITS AND OTHER CREDITS TOTALLING ........................ .00 INTEREST PAID THIS STATEMENT PERIOD ......................... 10.90 8 CHECKS AND 0 OTHER DEBITS TOTALLING ....................... 2,015.50- ENDING STATEMENT BALANCE ............................................... $12,650.82 DEPOSITS AND OTHER CREDITS OTHER CREDITS DATE POSTED AMOUNT Interest 04-29 10.90 CHECKS AND OTHER DEBITS CHECK DATE CHECK DATE NUMBER PAID AMOUNT NUMBER PAID AMOUNT I 336 04-11 250.00 341* 04-21 100.00 � i 337 04-11 200.00 342 04-24 150.00 338 04-11 100.00 343 04-20 150.00 339 04-18 1,000.00 344 04-25 65.50 DAILY BALANCE DATE AMOUNT DATE AMOUNT 04-11 14105.42 04-21 12855.42 04-18 13:105.42 04-24 12:705.42 066 04-20 12,955.42 04-25 i 12,639.92 FIND US ON THE WEB AT HTTP://WWW.DOWNEYSAVINGS.COM 001204 001204 0 8 LA QUINTA BRANCH 78-435 HIGHWAY 111 LA QUINTA CA 92253 PHONE 760-564-6661 SOROPTIMIST INTL OF LA QUINTA CHECKING ACCOUNT NUMBER 36-5301728-5 DAILY BALANCE DATE 04-29 AMOUNT 12,650.82 DATE DOWNEY SAVINGS STATEMENT DATE 04-29-2000 PREVIOUS STATEMENT DATE 03-31-2000 PAGE 2 OF 2 �•I- I[1111;II � J 067 FIND US ON THE WEB AT HTTP://WWW.DOWNEYS"INGS.COM * GAP IN CHECK SEQUENCE # THIS CHECK WILL BE INCLUDED IN YOUR NEX Tf vnior ATM ATM Ol„c %14 -.. 001152 001152 0 10 ` LA QUINTA BRANCH SAVINGS'. 9W 78-435 HIGHWAY 111 STA ,�E T LA QUINTA CA 92253 12-31-1999 PHONE 760-564-6661 PREVIOUS STATEMENT DATE 11-30-1999 PAGE 1 OF 2 SOROPTIMIST INTL OF LA QUINTA PO BOX 1081 LA QUINTA CA 92253 We always appreciate your business. At this wonderful time of year "thank we would Pike to take this opportunity to say you" and to wish you and yours the happiest of holiday seasons! CHECKING ACCOUNT NUMBER 36-5301728-5 YEAR-TO-DATE INTEREST $99.67 INTEREST EARNED $10.04 ANNUAL PERCENTAGE YIELD EARNED .92% PREVIOUS STATEMENT BALANCE 11-30-1999................................. $5,990.37 SUMMARY OF TRANSACTIONS ON THIS STATEMENT 11 DEPOSITS AND OTHER CREDITS TOTALLING ........................ 19,280.84 INTEREST PAID Tji.IS STATEMENT PERIOD ......................... 10.04 10 CHECKS AND 0 OTHER DEBITS TOTALLING ....................... 11,822.72- ENH NG STATEMENT BALANCE ............................................... $13,458.53 DEPOSITS AND OTHER CREDITS DATE DATE POSTED AMOUNT POSTED AMOUNT 12-03 3580.00 12-21 275.00 12-03 1:940.00 12-21 1000.00 12-03 3,900.00 12-21 3:215.00 12-21 535.84 12-21 1,300.00 12-21 1,325.00 12-21 1,150.00 12-21 1,060.00 OTHER CREDITS i Interest 12-31 10.04 CHECKS AND OTHER DEBITS CHECK DATE CHECK DATE NUMBER PAID AMOUNT NUMBER PAID AMOUNT 302 12-21 242.53 316 12-17 6,930.00 303 12-21 21.00 317 12-23 1000.00 r 305* 12-21 21.00 319* 12-20 1:000.00 313* 12-14 200.00 320 12-17 1,860.25 315* 12-10 200.00 322* 12-27 347.94 068 FIND US ON THE WEB AT HTTP://WWW.DOWNEYS"INGS.COM * GAP IN CHECK SEQUENCE # THIS CHECK WILL BE INCLUDED IN YOUR NEXT STATEMENT. 001152 001152 0 10 LA QUINTA BRANCH 78-435 HIGHWAY 111 LA QUINTA CA 92253 PHONE 760-564-6661 SOROPTIMIST INTL OF LA QUINTA DOWNEY SAVINGS STATEMENT DATE 12-31-1999 PREVIOUS STATEMENT DATE 11-30-1999 PAGE 2 OF 2 CHECKING ACCOUNT NUMBER 36-5301728-5 DAILY BALANCE DATE AMOUNT DATE AMOUNT 12-03 15,410.37 12-21 14796.43 12-10 15210.37 12-23 13:796.43 12-14 15:010.37 12-27 13,448.49 12-17 6220.12 12-31 13,458.53 12-20 5:220.12 o. 069 FIND US ON THE WEB AT HTTP://WWW.DOWNEYS"INGS.CGM * GAP IN CHECK SEQUENCE N THIS CHECK WILL BE INCLUDED IN YOUR NEXT STATEMENT. IF YOUR VTSA ATM PI I CAPr1 Tc I ncT IUD CT/H cki. ref I MI In nA U^IIn .nn.— ... i....... .. .+..••.•—•• 001149 001149 LA QUINTA BRANCH 78-435 HIGHWAY 111 LA QUINTA CA 92253 PHONE 760-564-6661 SOROPTIMIST INTL OF LA QUINTA PO BOX 1081 LA QUINTA CA 92253 STATEMENT SAVINGS 12-31-1999 PREVIOUS STATEMENT DATE 11-30-1999 PAGE 1 OF 1 We always apppreciate your business. At this wonderful time of year we would hie to take this opportunity to say "thank you" and to wish you and yours the happiest of holiday seasons! �Lll CHECKING ACCOUNT NUMBER 31-5300008-0 YEAR-TO-DATE INTEREST $17.54 INTEREST EARNED .90 ANNUAL PERCENTAGE YIELD EARNED .97% PREVIOUS STATEMENT BALANCE 11-30-1999................................. $177.23 SUMMARY OF TRANSACTIONS ON THIS STATEMENT 4 DEPOSITS AND OTHER CREDITS TOTALLING ........................ 1,718.28 INTEREST PAID THIS STATEMENT PERIOD ......................... .90 �. 1 CHECKS AND 0 OTHER DEBITS TOTALLING ....................... 35.84- -------------- ENDING STATEMENT BALANCE ............................................... $1,860.57 _DEPOSITS AND OTHER CREDITS DA POSTED AMOUNT POSTED AMOUNT 12-06 213.25 12-21 412.00 12-06 463.00 12-21 630.03 OTHER CREDITS Interest 12-31 .90 CHECKS AND OTHER DEBITS CHECK DATE CHECK DATE NUMBER PAID AMOUNT NUMBER PAID AMOUNT 2638 12-21 35.84 DAILY BALANCE DATE AMOUNT DATE AMOUNT 1 12-06 853.48 12-31 1,860.57 12-21 1,859.67 (, 7 O FIND US ON THE WEB AT HTTP://WWW.DOWNEYSAVINGS.COM `" * GAP IN CHECK SEQUENCE N THIS CHECK WILL BE INCLUDED IN YOUR NEXT STATEMENT. DOWNEY SAVINGS LA QUINTA BRANCH 78-435 HIGHWAY 111 STATEMENT DATE i LA QUINTA CA 92253 06-30-2000 PHONE 760-564-6661 PREVIOUS STATEMENT DATE 05-31-2000 PAGE 1 OF 2 SOROPTIMIST INTL OF LA QUINTA PO BOX 1081 LA QUINTA CA 92253 Get the facts and get more home than you dreamed possible! Call "Buying 1-800-260-2975 to register for a Downey Savings Power" Home Buyer's Workshop, being held at locations throughout California during the months of June and July, 2000 CHECKING ACCOUNT NUMBER 3-5300008-0 YEAR-TO-DATE INTEREST $11.27 INTEREST EARNED .60 ANNUAL PERCENTAGE YIELD EARNED .66% PREVIOUS STATEMENT BALANCE 05-31-2000................................. $1,577.41 SUMMARY OF TRANSACTIONS ON THIS STATEMENT 7 DEPOSITS AND OTHER CREDITS TOTALLING ........................ 4,719.35 INTEREST PAID THIS STATEMENT PERIOD ......................... .60 17 CHECKS AND 0 OTHER DEBITS TOTALLING ....................... 3,733.16- ENDING STATEMENT BALANCE.......... .................... $2,564.20 DEPOSITS AND OTHER CREDITS ! i DATE DATE POSTED AMOUNT POSTED AMOUNT 06-27 359.00 06-27 575.00 06-27 350.00 06-27 1250,00 06-27 263.00 06-27 1:513.35 06-27 409.00 i , OTHER CREDITS Interest 06-30 4 .60 CHECKS AND OTHER DEBITS CHECK DATE CHECK DATE NUMBER PAID AMOUNT NUMBER PAID AMOUNT 268206-28 1,700.00 2702 06-13 45.73 2696* 06-13 7.54 2703 06-13 22.28 2697 06-07 94.00 2704 06-16 182.00 2698 06-13 150.00 2705 06-16 148.85 2699 06-27 81.90 2707* 06-21 32.33 2700 06-13 305.20 2708 06-13 440.00 U 7 1 2701 06-27 290.70 2710* 06-26 43.35 I FIND US ON THE WEB AT HTTP://WWW.DDWNEYSAVINGS.CDM * GAP IN CHECK RF011MIF B TWTQ P1.1erV WTS I QC Tw•i 11nen T%1 ..^— —..+ +.-�••-•.- LA QUINTA BRANCH 78-435 HIGHWAY 111 LA QUINTA CA 92253 PHONE 760-564-6661 SOROPTIMIST INTL OF LA QUINTA CHECKING ACCOUNT NUMBER 36-5300008-0 CHECKS AND OTHER DEBITS DOWNEY SAVINGS STATEMENT DATE 06-30-2000 PREVIOUS STATEMENT DATE 05-31-2000 PAGE 2 OF 2 CHECK DATE CHECK DATE NUMBER PAID AMOUNT NUMBER PAID AMOUNT 2711 06-13 10.39 2716 06-26 48.89 2715* 06-28 130.00 DAILY BALANCE DATE AMOUNT DATE AMOUNT 06-07 1,483.41 06-26 46.85 06-13 502.27 06-27 4393.60 06-16 171.42 06-28 2:563.60 06-21 139.09 06-30 2,564.20 0 fi 4 FIND US ON THE WEB AT HTTP://WWW.DOWNEYS"INGS.COM * GAP IN CHECK SEQUENCE X THIS CHECK WILL BE INCLUDED IN YOURJ �LA QUINTA BRANCH 78-435 HIGHWAY 111 LA QUINTA CA 92253 PHONE 760-564-6661 SOROPTIMIST INTL OF PO BOX 1081 LA QUINTA CA 92253 LA QUINTA DOWNEY SAVINGS STATEMENT DATE 05-31-2000 PREVIOUS STATEMENT DATE 04-29-2000 PAGE 1 OF 2 Free Home Buyer's Workshops throughout CA. Call today: 1-800-260-2975. On August 2, 2000, the enclosed Schedule of Fees and Charges becomes effective, chang�'ng monthly service fees on Interest Checking and Passbook Savings Accounts, NSF charges, and fees on non -Downey ATM transactions, outgoing wires,. stop payments, and levy processing. CHECKING ACCOUNT NUMBER YEAR-TO-DATE INTEREST $10.67 J6-5300008-0 INTEREST EARNED 1.78 ANNUAL PERCENTAGE YIELD EARNED .79% PREVIOUS STATEMENT BALANCE 04-29-2000................................. $3,683.36 SUMMARY OF TRANSACTIONS ON THIS STATEMENT 0 DEPOSITS AND OTHER CREDITS TOTALLING ........................ .00 INTEREST PAID THIS STATEMENT PERIOD ......................... 1.78 10 CHECKS AND 0 OTHER DEBITS TOTALLING ....................... 2,107.73- ENDING STATEMENT BALANCE ............................................... -----------y-- i $1,577.41 i -DEPOSITS AND OTHER CREDITS i OTHER CREDITS DATE POSTED AMOUNT Interest 05-31 1.78 CHECKS AND OTHER DEBITS CHECK DATE CHECK DATE NUMBER PAID AMOUNT NUMBER PAID AMOUNT 2678 05-01 21.41 2689* 05-12 24.42 2679 05-02 333.00 2690 05-09 10.00 2680 05-15 310.00 2692* 05-22 250.00 2681 05-12 452.00 2694* 05-24 182.00 2687* 05-05 64.00 2695 05-24 460.90 DAILY BALANCE DATE AMOUNT DATE AMOUNT 21 05-01 3661.95 05-05 3264.95 05-02 3:328.95 05-09 3:254.95 U 7 3 FIND US ON THE WEB AT HTTP://WWW.DGWNEYS"INGS.COM • UMF LN %onm%IN .ICWLM.0 S ML7 %,RC%^ W1LL 6C 11MULUUCU 1111 ♦11UK IYrxl %lu­n 'LA QUINTA BRANCH 78-435 HIGHWAY 111 LA QUINTA CA 92253 PHONE 760-564-6661 SOROPTIMIST INTL OF LA QUINTA DOWNEY SAVINGS STATEMENT DATE 05-31-2000 PREVIOUS STATEMENT DATE 04-29-2000 PAGE 2 OF 2 CHECKING ACCOUNT NUMBER 36-5300008-0 DAILY BALANCE DATE AMOUNT DATE AMOUNT 05-12 2778.53 05-24 1575.63 05-15 2:468.53 05-31 1:577.41 05-22 2,218.53 i I 222 074 FIND US ON THE WEB AT HTTP://WWW.DOWNEYSAVINGS.COM * GAP IN CHECK SEQUENCE X THIS CHECK WILL BE INCLUDED IN YOUR NEXT STATEMENT- 001200 001200 0 3 LA QUINTA BRANCH DOWNEY SAVINGS 78-435 HIGHWAY 111 STATEMENT DATE LA QUINTA CA 92253 04-29-2000 PHONE 760-564-6661 PREVIOUS STATEMENT DATE 03-31-2000 PAGE 1 OF 1 SOROPTIMIST INTL OF LA QUINTA PO BOX 1081 LA QUINTA CA 92253 Race into Downey Savings for an auto loan! We can help with a car purchase or refinance, plus we offer competitive rates, flexible terms, discount rate for auto-matic deductions and no processing fees. So why waste time racing around looking for a "deal;' when you can get a great rate right now from Downey Savings. For details, visit the branch today! CHECKING ACCOUNT NUMBER J6-5300008-0 YEAR-TO-DATE INTEREST $8.89 INTEREST EARNED 2.39 ANNUAL PERCENTAGE YIELD EARNED .99% PREVIOUS STATEMENT BALANCE 03-31-2000................................. $3,035.37 SUMMARY OF TRANSACTIONS ON THIS STATEMENT 2 DEPOSITS AND OTHER CREDITS TOTALLING ........................ 786.00 INTEREST PAID THIS STATEMENT PERIOD ......................... 2.39 3 CHECKS AND 0 OTHER DEBITS TOTALLING ....................... 140.40- ENDING STATEMENT BALANCE ............................................... — $3,683.36 DEPOSITS AND OTHER CREDITS i POSTED AMOUNT POSTED AMOUNT 04-28 363.00 04-28 423.00 OTHER CREDITS Interest 04-29 2.39 CHECKS AND OTHER DEBITS CHECK DATE CHECK DATE NUMBER PAID AMOUNT NUMBER PAID AMOUNT 2675 04-07 30.40 2683* 04-28 100.00 2677* 04-14 10.00 DAILY BALANCE DATE AMOUNT DATE AMOUNT n J 04-07 3,004.97 04-28 1 3680.97 04-14 2,994.97 04-29 3:683.36 U'� 5 FIND US ON THE WEB AT HTTP://WWW.DOWNEYSAVINGS.COM GAP IN CHECK SEQUENCE X THIS CHECK WILL BE INCLUDED IN YOUR NEXT STOTFMFNNT -C m m m m Cl) m -� 0 W G) C� N O c 0 v rn p0 o3 Z O > x _ O = D 0 tD- m� H 0 m m CD O o Z mg'W3c �9) ° Nv = Cl)n =_= rZZ �o 00m 3Qo 0 0 0 0 C°'r"� m CD o rt *0= p m m m m m`` 03 0�cr, on o00 0 Z0 m Z (0) Ca � 0 y -C� ==z m nv m m � CD� o 0 0 �,,�'� N G) o 0 �m m�m�m � D 3 m� 0 > ao 0 0 < Cn S, ,- O Qo C O rr, =r o o 3 `� w m c Z Goa O �cu a D gr OTi rno $ Z z -+ ni 0 A c x x x x Z 0 D n� 0 m O D 40 to CO W n _ cA fA rfl f3 N _ eA �� Ch o� to g p m c� 0 EA 000 o G� DI 00 00 0 00c 00 .m.� 00 00 0 000 00 o00 r- 69 co r w 69 -� " v 69 in c v m Lrl (n OD rfl O (n O OD Op 0 V pO W N V O O O Udi 69 40 tC 0 00a O o 9 fOO(O O O OOO pO (D CA) V O O di 69 rA -� rA EA IV to -► o �' O b cn pOl Un � Cr 0 N O O �Cflp to pO 0 "� 00p 00 00 000 00 Q --1 O O O O O 0 0 0 0 0 O O0o 0 0 0 O o Z 1p O 0 m m CO) 0 0 a v 0. 0 v 0 t9 0 22A 076 o z o 0 0? z O D O D X o 'n 3 m � � 3 n D Z (1) cl) -C G) C o m G mm 0 o fp c c ic D z C N X� 0 �3�� �m� rnc r N -I omG ^ oC � = m0� ?m 3 m m x v v -0D CA CL N a �- Z D Z e Z N C ? 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W (n �N CAD -• WEA"(s W O O -� N �000D0000 0Cn0�(pp00 co w ODOO WOO AAO"W000(0 t0CJ1O W �0000 `O '� O 6969 69 69 69 4 69 7L N O� 6; 'ea A 69 N W ppOal008ppp 0000000 W— 69 N -� N O C�pp0p 000000 (Ji -rA Vpp OOOU"00 W OO W�Cnpp W 000 Oo C O 0 Co 0 O 8 0 0000 0 0 0 0 O 8 O 0 O 8 O 0 P. 00 0008000801 O O O 000 O O 0 N N CD -�i n. 0 3 ftl 227 079 OMB No. 1545-0047 Form 990 Department of the Treasury Internal Revenue Service Return of Organization Exempt From Income Tax Under section 501(c) of the Internal Revenue Code (except black lung benefit trust or private foundation) or section 4947(a)(1) nonexempt charitable trust 1998 This Farm is Open to Public Note: The organization may have to use a copy of this return to satisfy state reporting requirements. I Inspection A For the 1998 calendar year, OR tax year period be innin 7 / 01 . 1998, and ending 6 3 0 , 19 99 B Check if: Please C use IRS SOROPTIMIST INTERNATIONAL OF ❑ Change of address label or ❑ initial return print LA QUINTA ❑ Finalreturn See P.O. BOX 1.081 ❑ Amended return specific LA QUI NTA CA 9 2 2 5 3 (required also for Instruc- State reporting) tions. D Employer identification number 33-0054832 E Telephone number 760-564-1244 LANA F Check ► ❑ if exemption application is pending G Type of organization ► N Exempt under section 501(c) ( 4 ) 4 (insert number) OR IN, L] section 4947(a)(1) nonexempt charitable trust Note: Section 501(c)(3) exempt organizations and 4947(a)(1) nonexempt charitable trusts MUST attach a completed Schedule A (Form 990). H(a) Is this a group return filed for affiliates? ........................ ❑ Yes N No I If either box in H is checked "Yes," enter four -digit group (b) If "Yes;' enter the number of affiliates for which this return is filed:. ► exemption number (GEN) ► (c) Is this a separate return filed by an organization covered by a J Accounting method: N Cash ❑ Accrual group ruling? ............................................ ❑ Yes N No ❑ Other (specify) ► K Check here ► ❑ if the organization's gross receipts are normally not more than $25,000. The organization need not file a return with the IRS; but if it received a Form 990 Package in the mail, it should file a return without financial data. Some states require a complete return. Note: Form 990-EZ may be used by organizations with gross receipts less than $100,000 and total assets less than $250,000 at end of year. Revenue. Evnenses. and Chanaes in Net Assets or Fund Balances (See Specific Instructions on Daae 13.) 1 Contributions, gifts, grants, and similar amounts received: .......... a Direct public support ................................................. 1a '?'< .......... b Indirect public support ................................................ 1b >?€<€z€ .......... c Government contributions (grants) ....................................... 1c d Total (add lines 1a through 1c) (attach schedule of contributors) ::::::::X: 1d (cash $ noncash $ ).................................. 0 2 6,368 2 Program service revenue including government fees and contracts (from Part VII, line 93).................... 3 2,530 3 Membership dues and assessments............................................................. 4 4 Interest on savings and temporary cash investments ................................................ 5 5 Dividends and interest from securities............................................................ 6a Gross rents 6a b Less: rental expenses ................................................. I 6b 6c R E v E u E c Net rental income or (loss) (subtract line 6b from line 6a)............................................. 7 Other investment income (describe ► See Statement 1 ) (A) Securities (B) Other 8a Gross amount from sale of assets other than inventory .... 8a b Less: cost or other basis and sales expenses ........... 8b 7 306 3 c Gain or (loss) (attach schedule) ...................... sc 8d d Net gain or (loss) (combine line 8c, columns (A) and (B))............................................. [ 9 Special events and activities (attach schedule) See Statement 2 a Gross revenue (not including $ of contributions .......... reported on line 1 a) .................................................. 9a 40,169 .......... b Less: direct expenses other than fundraising expenses ....................... 9b 21,193 ''>'> :.::::::.: 9c c Net income or (loss) from special events (subtract line 9b from line 9a).................................. 18,976 '<'? 10a Gross sales of inventory, less returns and allowances ........................ 10a b Less: cost of goods sold .............................................. 10b .:.::.:... ; ;; 10C c Gross profit or (loss) from sales of inventory (attach schedule) (subtract line 10b from line 10a)................ 11 11 Other revenue (from Part Vll,line 103)........................................................... 12 28,180 12 Total revenue (add lines 1 d, 2, 3, 4, 5, 6c, 7, 8d, 9c, 10c, and 11)...................................... E P14 N s E s 13 Program services (from line 44, column (B))....................................................... Management and general (from line 44, column (C))................................................ 15 Fundraising (from line 44, column (D))........................................................... 16 Payments to affiliates (attach schedule)........................................................... 17 Total expenses add lines 16 and 44, column A 13 23,764 14 1,431 15 16 A Es s T T S 18 Excess or (deficit) for the year (subtract line 17 from line 12). 19 Net assets or fund balances at beginning of year from line 73, column A 9 9 Y (()) ............................... 20 Other changes in net assets or fund balances (attach explanation) ...................................... 21 Net assets or fund balances at end of year combine lines 18, 19, and 20................................ 18 2,985 19 7,939 1 20 1 21 1 1 , KFA For Paperwork Reduction Act Notice, see page 1 of the separate instructions. U b Worm 990 (1998) SOROPTIMIST INTERNATIONAL OF Form 990 (1998) LA QUINTA 3 3- 0 0 5 4 8 3 2 Page 2 Statement of All organizations must complete column (A). Columns (B), (C), and (D) are required for section 501(cx3) and (4) organizations and Functional Expenses section 4947(axt) nonexempt charitable trusts but optional for others. (See Specific Instructions on page 17.) Do not include amounts reported on line 6b, 8b, 9b, 10b, or 16 of Part I. ......:::. (A) Total (B) Program services (C) Management and general (D) Fundraising 22 r G ants and allocations att. sc h. S.e e Itl. St... 3. 1 1 on n s 608 ca sh $ 3 2 Specific assitanc to individuals (aft. h. .. 4 2 Benefits i t or for members ado o e tiers att. s h. ......... p ( c ) 25 Compensation of officers, directors, etc............ 26 Other salaries and wages ...................... 27 Pension plan contributions ..................... 28 Other employee benefits ...................... 29 Payroll taxes ................................ 30 Professional fundraising fees ................... 31 Accounting fees ............................. 32 Legal fees .................................. 33 Supplies ................................... 34 Telephone ................................. 35 Postage and shipping ........................ 36 Occupancy ................................ 37 Equipment rental and maintenance .............. 38 Printing and publications ...................... 39 Travel ..................................... 10 Conferences, conventions, and meetings.......... 61 Interest .................................... 92 Depreciation, depletion, etc. (attach schedule)...... 63 Other expenses (itemize): a Statement 4 b 2 2 11 08 6 11,608 >< »<;:>:>:<:>::>::>::>:>;::>:<::<:»::»::>::>::»::>::»::>:<:::»>::>::>::>::>::>:>::::>::>::>::>::»:<:::>::>::;:::: ....................................................................................... 444ash >< ` >` `> 2 24 25 26 27 28 29 30 31 285 285 32 33 2, 650 2,650 34 35 74 74 36 37 38 311 311 39 40 3,448 3,448 41 42 43a 6,819 5,673 1,146 43b C 43c d 43d e 43e 64 Total functional expenses (add lines 22 thru 43) Organizations completing columns (BHD� carry these totals to lines 13 —15.. 44 25,195 23,764 1,431 0 Reporting of Joint Costs. - Did you report in column (B) (Program services) any joint costs from a combined educational campaign and fundraising solicitation?..................................................................................... ► ❑ Yes ® No If "Yes," enter (i) the aggregate amount of these joint costs $ ; (ii) the amount allocated to Program services $ 011111 the amount allocated to Management and general $ ; and iv the amount allocated to Fundraising $ <riI Statement of Program Service Accomplishments (See Specific Instructions on page 20.) What is the organization's primary exempt purpose? ► All organizations must describe their exempt purpose achievements in a clear and concise manner. State the number of clients 9 P P P served, publications issued, etc. Discuss achievements that are not measurable. (Section 501(c)(3) and (4) organizations and 4947 a 1 nonexempt charitable trusts must also enter the amount of rants and allocations to others. ( )() P 9 ) Program Service Expenses (Required for 501(cx3) and (4)orgs. and optional f trusts; but optional for others.) a PROVIDED FUNDS FOR VARIOUS YOUTH, HUMAN RESOURCES, HEALTH AND EDUCATION WORLDWIDE CHARITY ORGANIZATIONS. (Grants and allocations $ 0) 23,764 b (Grants and allocations $ ) c (Grants and allocations $ ) d 081 (Grants and allocations $ ) 2) 2 C) e Other program services attach schedule Grants and allocations $ f Total of Program Service Expenses should equal line 44, column (B), Program services .............................. ► 23,764 SOROPTIMIST INTERNATIONAL OF Form 9so li ggel LA QUINTA 3 3- 0 0 5 4 8 3 2 Page 3 Pil Vf Balance Sheets (See Specific Instructions on page 20.) Note: Where required, attached schedules and amounts within the description column should be for end -of -year amounts only. (A) Beginning of year (B) End of year A S S E T S 45 Cash - non -interest -bearing ..................................................... 46 Savings and temporary cash investments ........................................... 47a Accounts receivable .................................... 47a b Less: allowance for doubtful accounts ...................... 47b 48a Pledges receivable ..................................... 48a b Less: allowance for doubtful accounts ...................... 48b 49 Grants receivable............................................................. 50 Receivables from officers, directors, trustees, and key employees (attach sch)............... 51 a Other notes and loans receivable (attach schedule) ........... I 51a b Less: allowance for doubtful accounts ...................... I 51b 52 inventories for sale or use ....................................................... 53 Prepaid expenses and deferred charges ............................................ 54 Investments - securities (attach schedule) .......................................... 55a Investments - land, buildings, and equipment: basis............................................... 55a b Less: accumulated depreciation (attach schedule) ............. 55b 56 Investments - other (attach schedule) .............................................. 57a Land, buildings, and equipment: basis ..................... 57a b Less: accumulated depreciation (attach schedule) ............. 57b 58 Other assets (describe ► ) 59 Total assets (add lines 45 through 58) (must equal line 74)............................. 7,939 45 10,924. 46 .... .:::.::,::. 47c 48c 49 5o 51c 52 53 54 55c 56 57c 58 7,939 59 10,924 L 1 A B L T 1 E S 60 Accounts payable and accrued expenses ........................................... 61 Grants payable.............................................................. 62 Deferred revenue ... 63 Loans from officers, directors, trustees, and keyemployees schedule ees attach P Y ( )............... 64 a Tax-exempt bond liabilities attach schedule b Mortgages and other notes payable (attach schedule) ................................. 65 Other liabilities (describe ► ) 66 Total liabilities (add lines 60 through 65)........................................... 60 61 _ 62 63 64b 65 0 66 0 N E T A s s E T s o R F u N 0 a � A N C E s Organizations that follow SFAS 117, check here ► ® and complete lines 67 through 69 and lines 73 and 74. 67 Unrestricted.. 68 Temporarily restricted.......................................................... 69 Permanently restricted........ ........................... Organizations that do not follow SFAS 117, check here Po-❑ and complete lines 70 through 74. 70 Capital stock, trust principal, or current funds ........................................ 71 Paid -in or capital surplus, or land, building, and equipment fund ......................... 72 Retained earnings, endowment, accumulated income, or other funds ..................... 73 Total net assets or fund balances (add lines 67 through 69 OR lines 70 through 72; column (A) must equal line 19 and column (B) must equal line 21)........................ 74 Total liabilities and net assets/fund balances (add lines 66 and 73) ..................... 1,320 7,025 67 6,619 68 3,899 69 ........... 70 71 72 7,939 10,924 73 7,939 74 10,924 Form 990 is available for public inspection and, for some people, serves as the primary or sole source of information about a particular organization. How the public perceives an organization in such cases may be determined by the information presented on its return. Therefore, please make sure the return is complete and accurate and fully describes, in Part III, the organization's programs and accomplishments. 030 082 Form9vo(199e) SOROPTIMIST INTERNATIONAL OF LA QUINTA 33-0054832 Page ................................................ Add amounts on lines1 through 4 .... . ou () 9 ( ) ► b $ Add amounts on lines (1) through (4) ....... ► b c Line a minus line b ................... ► c 28,180 c Line a minus line b ..................... ► c 25,195 d Amounts included on line 12 Form 90 but 9 included d Amounts c uded on line 17 not n line 0 o ea F Form t n t n lin . o 990bu o o ea (1)Investment expenses t (1) Investment expenses not not included onincluded. .: ; :... on line 6 b 6b, Form 990 ... $ ...... ............:..>:: F rm 990 ...........S :..:.: >.:>>:::: .::: :»:::>:::line »> (2 Other (specify): 2 Other(sPec i ............................................. Add amounts on lines (1) and (2) ....... ► d Add amounts on lines (1) and (2) .......... ► d e Total revenue per line 12, Form 990 a Total expenses per line 17, Form 990 line c plus lined .................... ► e 2 8 , 18 0 line c plus lined ...................... ► e 25,195 List of Officers, Directors, Trustees, and Key Employees (List each one even if not compensated; see Soecific Instructions on Dace 22.) (A) Name and address (B) Title and average hours per week devoted to position (C)Compensation (It not paid enter -0-.) (D) Contributions to employee benefit plans 8deferredcompensation (E)Expense account and other allowances JOYCE COOPER PRESIDENT None 0 0 0 ?.0. BOX 227 ?ALM DESERT, CA 92261 NARY KAY BERLIER PRESIDENT ELE None 0 0 0 15-747 VERBA SANTA ?ALM DESERT, CA 92260 JANNETTE BRITTON VICE PRESIDEN None 0 0 0 (ALLEY INDEPENDENT BANK �A QUINTA, CA 92253 4ARIE SEYBOLD TREASURER None 0 0 0 74-973 HAVASU COURT INDIAN WELLS, CA 92210 kNDREA SPIRTOS SECRETARY None 0 0 0 53-415 AVE. OBREGON IiA QUINTA, CA 92253 3HARON KOSKI DIRECTOR None 0 0 0 ?.0. BOX 125 IiA QUINTA, CA 92253 �ANA SHERMAN DIRECTOR None 0 0 0 INDIAN WELLS, CA 92210 . _... 083 75 Did any officer, director, trustee, or key employee receive aggregate compensation of more than $100,000 from your organization 4 and all related organizations, of which more than $10,000 was provided by the related organizations? .......................... ► ElYes If "Yes," attach schedule - see Specific Instructions on page 22. Form9901199et SOROPTIMIST INTERNATIONAL OF LA QUINTA 33-0054832 Page 5 ` id— C> Other Information (See Soecific Instructions on page 23.) 1 Yes I No 76 Did the organization engage in any activity not previously reported to the IRS? If "Yes," attach a detailed description of eachactivity............................................................................................... 76 X 77 Were any changes made in the organizing or governing documents but not reported to the IRS? .............................. 77 X If "Yes," attach a conformed copy of the changes. 78a Did the organization have unrelated business gross income of $1,000 or more during the year covered by this return? ............. 78a X b If "Yes," has it filed a tax return on Form 990-T for this year?.......................................................... 78b I NIA 79 Was there a liquidation, dissolution, termination, or substantial contraction during the year? If "Yes," attach a statement................................................................................... 79 X 80 a Is the organization related (other than by association with a statewide or nationwide organization) through common membership, governing bodies, trustees, officers, etc., to any other exempt or nonexempt organization? ................................... Boa X b If "Yes," enter the name of the organization ► N/A and check whether it is ❑ exempt OR ❑ nonexempt. P P f 1 81 a Enter the amount of political expenditures, direct or indirect, as described in the instructions or line 8 81 a 0 b Did the organization file Form 1120-POL for this year?............................................................... 81b X ............................... ............................... ............................... ............................... ............................... 82 a Did the organization receive donated services or the use of materials, equipment, or facilities at no charge or at substantially less than fair rental value?.................................................................................... 82a X ............................... ............................... ............................... ............................... ............................... :.....»»»:....:: b If "Yes," you may indicate the value of these items here. Do not include this amount as revenue in N Part I or as an expense in Part II. See instructions for reporting in Part III. 82b A 83a X 83a Did the organization comply with the public inspection requirements for returns and exemption applications? .................... 83b X b Did the organization comply with the disclosure requirements relating to quid pro quo contributions? ........................... 84a X 84 a Did the organization solicit any contributions or gifts that were not tax deductible? ......................................... ............................... ............................... ............................... ............................... ............................... .:::::.......................... b If "Yes," did the organization include with every solicitation an express statement that such contributions or gifts were not taxdeductible?............................................................................................. 84b N A 85a X 85 501(c)(4), (5), or (6) organizations. - a Were substantially all dues nondeductible by members? .............................. 85b X b Did the organization make only in-house lobbying expenditures of $2,000 or less? ......................................... ............................... ............................... ............................... ............................... If "Yes" was answered to either 85a or 85b, do not complete 85c through 85h below unless the organization received a waiver for proxy tax owed for the prior year. c Dues, assessments, and similar amounts from members ..................................... 85c 0 .....'..'.':. ' ..... d Section 162(e) lobbying and political expenditures .......................................... 85d O iii;;<:::>::<:'< ............. e Aggregate nondeductible amount of section 6033(e)(1)(A) dues notices .......................... 85e 0 <. If Taxable amount of lobbying and political expenditures (line 85d less 85e) ........................ 85f 0 ii;;;;;;; 85g X g Does the organization elect to pay the section 6033(e) tax on the amount in 85f?.......................................... ............................... ............................... ............................... ............................... ............................... ...................:::::::.: >' h If section 6033(e)(1)(A) dues notices were sent, does the organization agree to add the amount in 85f to its reasonable estimate of dues allocable to nondeductible lobbying and political expenditures for the following tax year? .............................. 85h X .::.::.::.::.::.::. :....... 86 501(c)(7) organizations. - Enter: a Initiation fees and capital contributions included on line 12.................................... 86a N/A b Gross receipts, included on line 12, for public use of club facilities .............................. 86b N A 87 501(c)(12) organizations. - Enter: N a Gross income from members or shareholders .............................................. 87aA .............. :>::>::>>::>::>::>::>::>::>::>:<:::>::>:<>.:: b Gross income from other sources. (Do not net amounts due or paid to other sources against amounts .. 87 N A due or received from them.) .. / 88 At any time during the year, did the organization own a 50% or greater interest in a taxable corporation or partnership? ?< If "Yes," complete Part IX .................................................................................... 88:. X ................ 89a 501(c)(3) organizations. -Enter: Amount of tax imposed on the organization during the year under: N/A section 4911 ► ;section 4912 ► ; section 4955 ► ..... b 501(c)(3) and 501(c)(4) organizations. - Did the organization engage in any section 4958 excess benefit transaction during ?>:::'>:'>:''>.>:::<::::«:>:: the year? If "Yes," attach a statement explaining each transaction...................................................... 89b X c Enter: Amount of tax imposed on the organization managers or disqualified persons during the year under sections 4912, 4955, and 4958.............................................................................► 0 d Enter: Amount of tax in 89c, above, reimbursed by the organization ................................................► 0 90a List the states with which a copy of this return is filed ► CALIFORNIA b Number of employees employed in the pay period that includes March 12, 1998 (See instructions.) .......................... 190b 0 91 The books are in care of ► LANA SHERMAN Telephoneno. ► 7 6 0 - 5 6 4 -12 4 4 Locatedat ► P.O. BOX 1081, LA QUINTA, CA ZIP+4 ► 92253 92 Section 4947(a)(1) nonexempt charitable trusts filing Form 990 in lieu of Form 1041 - Check here ..................................... ► ❑ and enter the amount of tax-exempt interest received or accrued during the tax year ............... ► 1 92 N/A 7 �1 0811 Form990(199e) SOROPTIMIST INTERNATIONAL OF LA-"QV-INTA 33-0054832 Page at'tll Analysis of Income -Producing Activities (See Specific Instructions on page 27.) Enter gross amounts unless otherwise indicated. 93 Program service revenue: a MEETING FEES Unrelated business income Excluded by section 512, 513, or 514 (E) Related or exempt function income (A) Business code (B) Amount (C) Exclusion code (D) Amount 5,953 bEVERY MEMBER PROJECT 415 c d e f Medicare/Medicaid payments ................ g Fees and contracts from government agencies .. . 94 Membership dues and assessments ........... 95 Interest on savings & temporary cash investments 96 Dividends and interest from securities .......... 97 Net rental income or loss m real estate: a debt -financed property ..................... b not debt -financed property .................. 98 Net rental income or (loss) from personal property 99 Other investment income .................... 00 Gain/loss from sales of assets other than inventory 01 Net income or (loss) from special events ........ 02 Gross profit or (loss) from sales of inventory ..... 03 Other revenue: a 2,530 306 18,976 b c d e Subtotal (add (columns (B). (D), and(E))........ »«»: : ' ':.[o4 2 8,180> 105 Total (add line 104, columns (B), (D), and(E))......................................................... P. 28,180 Note: (Line 105 plus line 1 d, Part I, should equal the amount on line 12, Part I.) f# #j Relationshipof Activities to the Accomplishment of Exempt Purposes (See Specific Instructions on page 28.) Line No. Explain how each activity for which income is reported in column (E) of Part VII contributed importantly to the accomplishment of the organization's exempt purposes (other than by providing funds for such purposes). N A tart Information Regarding Taxable Subsidiaries (Complete this Part if the "Yes" box on line 88 is checked.) Name, address, and employer identification number of corporation or partnership Percentage of ownershipinterest Nature of business activities Total Income End -of -year assets VA % % % Please Sign Here Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than officer) is based on all information of which preparer has any knowledge. (See General Instruction U, on page 12.) Signature of off icr Date ' Type or print name and title. Pald Preparer's signature �; > CATHY A . HELMS TARTER Date o � �� Check if self- employed ► ® Preparer's SSN 5 5 6 - 5 9 - 0 3 4 5 Preparer's Use Only Cathyr Helmstadte, C.P.A. om's name (or yours if self-employed) 73 -161 Fred Waring Dr. #2 0 0 y and address Palm Desert, CA PP. EIN 33-0730540 085 ZIP+4 ► 92260 A TEAM EVENT TO FIGHT CANCER Relay For Life October 14-15, 2000 La Quinta High School Co-chairs Alan & Carla Abell Committee Chairs Bob Berk John Gambill Nancy Harris Leanna Hoffman Paula LaBellarti Marvin Schurgin Robyn Shaffer Elaine Simmons 070rate Supporters 1f La Quinta Comprehensive Cancer Centers Desert Regional Medical Center Dyson & Dyson Real Estate Eisenhower Medical Center John F. Kennedy Memorial Hospital The Office Furniture Place American Cancer Society Desert Palms Area 4-140 El Paseo, Suite One Palm Desert CA 92260 760-568-2691 Fax 760-341-8783 ATTACHMENT 8 July 6, 2000 John Pena, Mayor City of La Quinta P.O. Box 1504 La Quinta CA 92253 Dear Mayor Pena: Thank you for your interest in the American Cancer Society's Relay for Life to be held at La Quinta High School, October 14th & 15th. During a meeting with Jerry Herman, I learned that the City of La Quinta lost an employee to cancer last May. Relay for Life is not only a time to celebrate survivorship, but it is a time to remember those who have lost the battle. In doing so, the Council may want to consider a Relay for Life sponsorship, either a city team or another level. I have enclosed Sponsorship Information for your review. It would also be an honor for me to make a 5-10 minute Relay for Life presentation before the City Council on either August 1 st or August 15th. Last year we raised $89,000. This year we would like to raise $150,000 to provide patient services, education and early detection for cancer patients and their families in the Coachella Valley. With your support and help we can accomplish this goal. I look forward to hearing from you or your staff representative regarding a Relay for Life presentation before the council. Thank you for your support. Sincerely, azawx alxa Alan Abell, Co -Chair Relay for Life "There is No Finish Line... Until We Find a Cure" 234 41 • ff • SPONSORSHIP INFORMATION RELAY9N �O Nk6t- Irrmw. u A TEAM EVENT TO FRIGHT CANCER Relay for Life 2000 La Quinta High School October 14-15, 2000 0 12 3,r 087 RELAY 9N . AWRICAN CANCER SOCIETY'S RELAY FOR LIFE 2000 A COMITY SPONSORSHIPS A TEAM EVENT TO Relay is a celebration of life where people come together for a 24-hour FIGHT CANCER block pasty. Teams walk around the track to raise money while spectators C5 enjoy entertainment, food and community spirit. You and/or your company can take pride in sponsoring the life-saving work of the American Cancer Society as a Relay sponsor. Sponsorship Menu of Opportunities $15,000 Title Sponsor - you are recognized as the premier event sponsor ($25,000 for a two-year commitment) $10,000 Honorary Chair - you are awarded a national Excalibur award by the American Cancer Society $ 7,500 Platinum Sponsor - you receive recognition before, during & afler event $ 5,000 Gold Sponsor - you receive recognition before and during event 0 $ 2,500 Silver Sponsor - you receive recognition during event $ 1,000 Bronze Sponsor - you receive recognition at one event activity Relay Club Sponsors $ 500 Awards Sponsor -recognition on volunteer awards $ 500 Goodie Bag Sponsor -you enjoy targeted sampling rights front Lg:=A4 $ 500 Program Sponsor -recognition on of event program $ 500 Security Sponsor -recognition at main check -in & info booth $ 500 Relay Store Sponsor -recognition at the Relay Store $ 250 Transport Sponsor -recognition on golf carts/volunteer vehicles $ 250 Comfort Sponsor -recognition at rest areas $ 250 Team Photo Sponsor -recognition on commemorative team photos $ 250 Barometer Sign -recognition on the fund-raising barometer $ 100 Business Expo -fee to set up an info booth during expo hours Your charitable contribution to Relay For Life is tax deductible in most cases. Please consult your tax advisor for additional information. American Cancer Society 74-140 El Paseo Suite #1 Palm Desert, CA 92260 760/568-2691 --� - - 088 A TEAM EVENT -TO F14GHT tAHCER 0 AMERICAN CANCER SOCIETY'S RELAY FOR LIFE 2000 SPONSORSHIP BENEFITS TITLE SPONSOR - $15,000 (Or $25,000 for a two-year commitment) Above -The -Title Name Recognition. The event is named "YOUR COMPANY Relay For Life" to benefit the American Cancer Society. Your representative co -hosts the opening, luminary and closing ceremonies. You receive special recognition throughout the 24-hour event. You participate in all publicity opportunities. High -Quality Visibility with face-to-face access to a prime consumer target audience including youth ages 12 - 22 and adults ages 22 - 64. Your company logo is prominently displayed on newsletters, posters, t-shirts, program, goody bags and in all media. Automatic Team Status. Your group/company receives team status including 24 sponsor shirts, a VIP hospitality tent for 24 including a catered dinner and breakfast during the event and a commemorative sponsor team photo. Life -Saving Information for Your Employees. The American Cancer Society will come to your workplace/meeting place at your discretion to provide important cancer education and prevention information to your group. The program could include a trained nutritionist, a smoking -cessation facilitator or a physician, as appropriate. Association with the American Cancer Society. Your company will be associated with the largest source of private cancer research funds in the United States, awarding over $25 million to California researchers this year alone. You can be proud of your efforts to fight cancer in your own community. • • 0 2)31 089 RE LALV 91 Q A M A TEAM EVENT TO FIGHT CANCER 0 AMERICAN CANCER SOCIETY'S RELAY FOR LIFE 2000 SPONSORSHW BENEFITS HONORARY CHAIR - $109000 (Limited to Two Donors) • Local Recognition. Your name appears on printed materials, signage and participant t-shirts. You are recognized at the opening and luminary ceremonies. At the closing ceremony, you will give out achievement awards and receive a commemorative photo. • National Recognition. You receive EXCALIBUR standing in a nationally -recognized donor membership group which entitles you to special briefings on cancer research and attendance at an exclusive roundtable meeting at a world-renowned scientific research institution somewhere in the United States. You also receive a handsome EXCALIBUR award. • Team Benefits. You receive automatic team status along with 24 sponsor shirts and VIP seating including a catered dinner for 24 during the event. • Association with the American Cancer Society. You will be associated with the largest source of private cancer research funds in the United States, awarding over $25 million to California researchers this year alone. The American Cancer Society has fi.unded 30 Nobel Laureates and is one of the Top 10 best managed nonprofits in the country, according to U.S. News and World Report. You can be proud of your personal efforts to fight cancer in your own community. 230 090 RELAYO A TEAM EVENT TO FIGHT CANCER AMERICAN CANCER SOCIETY'S RELAY FOR LIFE 2000 SPONSORSHIP BENEFITS PLATINUM SPONSOR - $79500 (Limited to Four Sponsors) Local Recognition. You will be recognized before, during and after the event. Your name appears on printed materials, signage and participant t-shirts. You participate in local publicity opportunities. Team Benefits. You receive automatic team status including 12 sponsor shirts and reserved seating (including refreshments) for 12 during the event along with a commemorative photo. Naming Opportunity. You may choose one of the following event components to be named after your company/group/self. 1) Food Sponsor - Your name is prominently displayed at the concession area, on cups napkins, tablecloths and recyle bins throughout the stadium. The afternoon ice cream social, midnight pizza party and pancake breakfast are also named after you. 2) Luminary Sponsor - Your name is printed on all keepsake luminary bags sold before and during the event (estimate: 2500). Your name is displayed at the luminary sales and staging areas. You will co -host the luminary ceremony and announce the turning on and off of the stadium lights. 3) Main Stage Sponsor - Your name is featured over the main stage area during the entire 24 hours. Your name is mentioned on the air during live radio and TV broadcasts. Your name is featured on signage listing the entertainment schedule. Your name is featured as sponsor of entertainment activities like a dance contest, karaoke contest or aerobics class. 4) Celebration of Life Sponsor - Your name is featured on t-shirts and medals for cancer survivors. Your name is displayed on the cancer survivor's hospitality tent. Your name is featured on commemorative photos for cancer survivors. Association with the American Cancer Society. You will be associated with the largest source of private cancer research funds in the United States, awarding over $25 million to California researchers this year alone. You can be proud of your personal efforts to fight cancer in your own community. 0 is 30 091 RELAYO r A TEAM EVENT TO FIGHT CANCER 0 AMERICAN CANCER SOCIETY'S RELAY FOR LIFE 2000 SPONSORSHIP BENEFITS GOLD SPONSOR - $5,000 (Limited to Three Donors) Local Recognition. Your name appears on printed materials, signage and participant t-shirts. You are recognized before and during the event and receive a commemorative photo. You participate in local publicity opportunities. Team Benefits. You receive automatic team status including 12 sponsor shirts and special seating (including refreshments) during the event. • Naming Opportunity. You may choose one of the following event components to be named after your company/group/self. 1) Opening Ceremony - Your name is displayed at the starting line and on the banner carried during the first lap. You will announce the start of the relay. Your name is featured on the cancer survivors' t-shirt. Your name is displayed at the cancer survivors hospitality tent. 2) Closing Ceremony - Your name is displayed on the main stage, at the coffee stations, on the fund-raising barometer and on the morning entertainment schedule. You will announce the total income raised and give out the award for the highest earning team/individual. 3) Fun Zone - Your name is displayed over all the main entrances to the adult and children's activity areas. Your name is displayed at each booth/activity station. You are recognized as the sponsor of game prizes and giveaways. Association with the American Cancer Society. You will be associated with the largest source of private cancer research funds in the United States, awarding over $25 million to California researchers this year alone. You can be proud of your personal efforts to fight cancer in your own community. 240 092 RELAYO FZ Av A TEAM EVENT TO FIGHT CANCER 0 AMERICAN CANCER SOCIETY'S RELAY FOR LIFE 2000 SPONSORSHIP BENEFITS SILVER SPONSOR - $21,500 Local Recognition. Your name appears on printed materials, signage and participant t-shirts. You are recognized during the event and receive a commemorative photo. Naming Recognition. You may choose one of the following opportunities. 1) Team Sponsor - Sponsor a team of walkers (up to 24 people) by paying their registration fee and minimum $100 per person fund-raising goal. Encourage team members to continue raising money on their own. This is a great way to reward employees and help people come together for a common cause. 2) Wall of Champions - Your name is featured over a lighted billboard where participants can post pictures and remembrances in honor of cancer survivors or in memory of loved ones lost. The wall is a special place of reflection and dedication. 3) Activity Sponsor - Your name is featured over one of the following: a) Kid's Camp - Children's activities area to include a bounce house, car painting by Children's Discovery Museum and assorted games and crafts. b) Movie Tent - An outdoor movie theatre featuring a big screen TV, all-night movies and popcorn. 9z\� c) Entertainment - Your sponsorship includes a six -hour block of time during which singers, dancers, magicians, gymnasts, comedians and other performers will keep the crowd busy. Association with the American Cancer Society. You will be associated with the largest source of private cancer research funds in the United States, awarding over $25 inillion to California researchers this year alone. You can be proud of your personal efforts to fight cancer in your own community. • 41. • 093 RELAYO 14 A _j TEAM EVENT TO FjCHT CANCER AIVIERICAN CANCER SOCIETY'S RELAY FOR LIFE 2000 SPONSORSHIP BENEFITS BRONZE SPONSOR - $19000 Local Recognition. Your name appears on printed materials, signage and participant t- shirts. You are recognized during the event and receive a commemorative photo. Naming Recognition. You may choose one of the following opportunities: 1) Ice Cream Social Sponsor - Your name is announced before and during the Saturday afternoon ice cream party and your sign is placed on stage and at the ice cream serving stations. Servers will wear and give away hats with your name/logo. 2) Saturday Night Fever Sponsor - Your name is announced before and during the Saturday night dance party and your sign is placed on stage and at the dance floor. Party favors will be handed out with your name/logo. 3) Midnight Madness Sponsor - Your name is announced before and during the Midnight Madness games and gathering. Your sign is placed on stage and at the "Pick Me Up" station. Giveaways and game prizes will feature your name/logo. 4) Rise & Shine Sponsor - Your name is announced before and during the morning wake up and workout activities. Your sign is placed on stage and at the fitness area. Sport giveaways and exercise incentives feature your name/logo. 5) Home Stretch Sponsor - Your name is announced before and during the mid -morning home stretch and friendship break. Your sign is placed on stage and at the start/finish line. Giveaways and game prizes will feature your name/logo. Association with the American Cancer Society. You will be associated with the largest source of private cancer research funds in the United States, awarding over $25 million to California researchers this year alone. You can be proud of your personal efforts to fight cancer in your own community. 242 094 RELAY 9R A In A TEAM EVENT TO FIGHT CANCER 0 "Relay for Life" to benefit the American Cancer Society Desert Palms Area October 14-15, 2000 La Quinta High School Stadium Yes, please include my company as a sponsor for Relay for Life. (Please print name as you would like it listed in program.) Level Of Sponsorship: Check enclosed (payable to American Cancer Society) 9 SPONSOR INFORMATION: is COMPANY NAME: MANAGER/OWNER NAME: ADDRESS: PHONE: FAX: E-MAIL: C919037-1-10el Tai Signature Date Sponsors will be listed in Relay for Life Update newsletter and brochures with each revised • printing. Final deadline for program printing is October 1, 2000. 243 095 American Cancer-SOCr Tl Palm Desert CA 92260--760-568-2691— Fax 760-341-8783 RELAYO r A TEAM EVENT TO FIGHT CANCER American Cancer Society Relay for Life 2000 What: Relay for Life 2000 is an exciting celebration of cancer Relay For Life October 14-15, 2000 survivorship and is sponsored by the American Cancer La Quinta High School Society, the nation's largest cancer -fighting non-profit organization. Teams of ten or more people formed by Co -Chairs friends and families, corporations, schools, clubs or other Alan & Carla Abell organizations to run, walk or roll (wheelchairs) in relay fashion around the track at La Quinta High School. This Committee Chairs community event is filled with music, a touching luminary Bob Berk John Gambill ceremony, games for all ages and is open to anyone who Nancy Harris has formed a team. Leanna Hoffman Paula LaBellarti Relay for Life is organized and produced by our local Marvin Schurgin Coachella Valley volunteers of the Desert Palms Area Robin Shaffer Simmons Office of the American Cancer Society. The fund-raising 0laine goal for this year is $100,000, which helps your American Corporate Supporters Cancer Society to continue the vital patient services and Dyson & Dyson public education programs needed in this community. Eisenhower Medical Center Tenet Health System Why: The Office Furniture Place B supporting Rel or Life, eo le help fund programs y pp o fpeople p p"I right in their own community and give hope to cancer patients. Proceeds raised from this event will be used for cancer research, education and patient services. When: The event begins at 12:00 PM on Saturday, October 14"' and the fun progresses non-stop, concluding on Sunday, October 15`h at 12:00 PM. A participant from each team is required to be on the track at all times. 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Volunteers are always needed and appreciated to help before and during the event. Relay for Life Co-chairs Alan & Carla Abell 760.408.8800 Administration Nancy Hams 760.341.2078 Registration John Gambill 760.321.5200 Food & Beverages Paula LaBellarti 760.322.2286 Luminaries Elaine Simmons 760.568.5967 Entertainment Leanna Hofmann 760.775.5566 Team Recruitment Marvin Schurgin 760.345.6526 Activities Cancer Control Mickey Goldman 760.416.4870 Cancer Survivors Relay Store Robyn Shaffer 760.837.2611 Sponsorship Russ Russell 760-8624766 Set -Up & Wrap -Up Have time to chair a zommittee? Please call us at 568-2691. — - Take Our Relay for Life Supporters Quiz ` ? KJJZ KPSI KDES KPLM Answer the following questions KWXY KEZN KESQ KMIR correctly and you may receive KMRJ KUNA KVER KDFX Relay Bucks! KLOB Desert Radio Group 1. Tobacco causes % of all cancers. a. 10 b. 50 c. 30 2. The theme of the 2000 Relay for Life is: a. Movies b. Decades c. Vacation Memories 3. The Relay for Life host city is: a. Palm Springs b. La Quinta c. Palm Desert 4. The Desert Palms Area serves the entire: a. Coachella Valley b. Riverside County c. Southern California 5. The leading cancer diagnosed in women is: a. lung b. uterine c. breast 6. Early -bird Registration Deadline is: a. June 301" b. July 31' c. August 30' Fax your answers along with your name, address and phone number to 760-341-8783 by July 15°i to qualify for a drawing at the Team Captain Meeting on July 18°i. Good Luck! "There is No Finish r:N- 10sQ! We Find a Almond Board of California American Red Cross Banana Boat California Highway Patrol Children's Discovery Museum City of Desert Hot Springs City of La Quinta City of Rancho Mirage Comprehensive Cancer Centers Community Blood Bank Congresswoman Mary Bono Convention Support Services Del Webb's Sun City Palm Desert Desert Hospital Regional Medical Center Desert Sands Unified School District Desert Woman Dyson & Dyson Real Estate Eisenhower Medical Center Einstein Bagels Exquisite Professional Window Cleaners Fashion Group Intemational First Community Bank General Mills Health Concepts J & J Deli Provisions John F. Kennedy Memorial Hospital La Quinta High School Metropolitan Community Church Originamics Palm Springs Unified School District Professional Realty Associates Riverside County Sheriffs Dept. RVs of Merritt Southland Title Spotlight 29 Stamping Grounds The Desert Sun The Discovery Shop The Office Furniture Place 9.49 Time Warner Cable i- Union Bank of California U.S. Filter Waste Management of the Desert Thank you all!!! 10 0 June 2000 RELAY FOR LIFE American Cancer Society . •• * 74-140 El Paseo, Suite 1 Pahm Desert CA 92260 s.c.i� uucs Important Dates July 18' Team Captain Meeting at Portola Community Center, 5:30pm (Earn Relay Bucks for being on time) July 31 ' Early Bird Registration Deadline (only those teams with complete paid registration will be entered for surprise drawing) August 24`h Team Captain Meeting at Portola Community Center, 5:30pm (Earn Relay Bucks for being on tune) October 4`h Bank Night at Union Bank of California on El Paseo, 4:30pm to 7:30pm. Relay T-shirts will be distributed to Team Captains at this tune.) October 14`t' R �� RELAY FOR i - Watch our Sponsor List Grow! Silver Team Sponsor THE OFFICE FURNITURE PLACE Silver Sponsors DYSON & DYSON REAL ESTATE FASHION GROUP INTERNATIONAL SPOTLIGHT 29 "It Takes A Community to Take.Up the Fight" Thank You!!! For additional information on the American Cancer Society and Relay for Life www.cancer.org Have a cancer -related question? Call 1-800-ACS-2345 101 D It Takes A Co=unity... What is Relay for Life, You Ask? Rr lay for Life is the ationwide ignature event for the American Cancer Society. This year 3,000 relay sites will raise a combined $180 million. Relay for Life is a 24- hour team event which raises funds for cancer research, education and prevention programs. A team is formed with 10-24 friends, co-workers, family members, etc. who each take turns walking around a track. Each person is asked to raise at least $100 in contributions prior to the event. On Relay Day, team members set up tents, unfold beach chairs and get ready to celebrate for 24 hours. There are activities for all ages, music playing and fun for all. The serious side of Relay begins with the Opening Ceremony when cancer survivors are invited to walk the • first lap. Then after dusk a Relay Theme Selected Wbe yourteam the "High Tech g0's, the "Roaring 20's" or the "Flower Children of the 60"s? The decorating possibilities are endless with "Decades of the Last Millennium. " What will be your team's choice in order to capture the prize for "Best Theme" at Relay for Life, October 14th & 15th? If you are at a loss for ideas, you'll want to attend the Team Captain meeting on July 18th in order to gather ideas from other team members. Now, you don't have to decorate, but the "theme patrol" will make sure everyone knows your tent site is 'undecorated.' Two awards will be given: for Best Cancer -related Theme, and for the Best Decade Theme overall. So start planning! You could find yourself "In the Mood" on the "Chatanooga Choo Choo" dancin' to the music of In Sync. Luminary Ceremony is held to honor and memorialize those touched by can www.cancer.org - - - Campsite Selection Underway eams which have the Team Commitment form and a minimum of $100 registration fees paid (10 walkers @ $10 each) may select campsites at the monthly Team Captain meetings. Several sites were chosen at the May Team Captain meeting, but good sites still exist. La Quinta High School offers many amenities including a newly surfaced track. Due to school regulations, only tents will be allowed in the stadium at any time during Relay. We have planned RV space on the adjacent field and the basketball courts where limited views of the stadium are available. Remember the fee is $10 per team member. A suggested team size is 10-24. Over 24, you may want to form a second team - plus you have a chance to select another site! Don't delay! Mail your form and check TODAY! 7 J o 102 June 2000 Did --00< You Know? 1. Approximately one in two Californians will be diagnosed with cancer in his/her lifetime. 2. Tobacco causes 30% of all cancers. 3. The leading cancer diagnosed in women is breast cancer. 4. Costs for cancer in California are approximately $12.4 billion annually. S. American Cancer Society has raised over $2 billion for cancer research since 1946. 1-800-AC S-2345 www.cancer.org Relay Bucks Team Captains and participants can earn Relay Bucks by coming to meetings, answering the puzzles correctly, getting team registration money in by the early -bird deadline of 1& 31Sr, and more. These Relay Bucks can be redeemed at the Relay ikAjii. Store. So come to the meetings, be ` on time and WIN some Bucks!! Shop the Relay Store Wfot until you see what we have r you in the Relay Store this year! Last year's hot seller was the purple denim long -sleeve Relay for Life shirt. You won't want to miss out, so bring a few extra with you to get some g r e a t Relay stuff! Check out the following: • Purple and Chambray long -sleeve shirts with Relay logo • Relay coolers, Koozies, Relay flashlights and mini footballs • Relay tote bags and visors Cam • HOPE Beanie Bears HOW CAN YOU HELP? You may not even re alize how beneficial you could be to other aspects of Relay. Read through these team efforts to see how you may be able to help. TEAM RECRUITN= Last year we had 34 teams. This year our goal is 50. We're well on our way to meeting this already with 24 teams ?�, committed in writing! What about you? Are you already a team captain? Do you have 10 fiends you want to spend the night with? Is someone on your team a candidate to recruit 12 of his/her friends for a new team? Call Marvin Schurgin at 345-6526 to sign up. OPPORTUNI'I'1' PRIZES 0 Certificates for a massage at your local spa... Certificates for dinner or lunch for two at a restaurant other than your favorite...a round of miniature golf... These are examples of prizes that we would be happy to accept! No matter how odd the gift or how exclusive its target audience, we'll find a way to use it! Call the Desert Palms office at 568-2691 if you can solicit prizes. • i : `,,, BEVERAGES The Food Committee is Cookin' according to Paula. "We're a happy group so we decided to have "Rapp Hours" to plan culinary delights for Relay 2000. We'll have fun planning and won't the rewards be great!" This "Culinary Committee" is ten strong and ready to take on the hungry participants of Relay 2000! We have been joined by:Einstein Bagels, J & J Deli Provisions (remember those great Boar's Head hot dogs last year!), Oasis Date Gardens and the Almond Board of California, and are talking to many more delicious and delectable potential donors. • "It Takes a Community to Take Up the Fight" 2r- , 51 103 RELAY I CANaR 4-4 _. .� 9 Rlid f {_t p 0 v__ E < P �- ♦ ICE A TEAMS EVENT TO FIGW CANCER I � 15'? tilii' l''-.QSOPf3ti = —4 In Nlav 1985, Dr. Gordon Klatt took the first step o ' leis _24- hour ln:araflinn around a Tacoma, Washington track and raised S27,0011 tOi- the American Cancer Society. The l'011(m ing l ear 220 supporters joined Ur. Klatt in this mernight event and the Aillerlcan Cancer Society Rclav For Life it as horn. Relax For Life is the nationwide signature activity for the American Cancer Societe (ACS). it is not a benefit for ACS, or an event to support ACS, it IS the American Cancer Society. RehiN For Life is a community -developed event; it is volunteer drip en and coached by ACS staff. Relay For Life is not just a . fund-raiser — it is a relationship building tool, an opportunity to showcase. the Society and the staging ground to form a netm ork of organizations to battle cancer. RcLly For Life is a personal experience. 1 ;lch participant has his or her own story of a special person h;lttling cancer that drives their heitl,_,involved in Rela\. Relav For Life offers individu;lls. fallrlhes, i)1i5n1CSSCS. schools. SCIWICC 01'tialll'1-al1011s alld t'()llllllllillll,es all oppol-111111t\' to participate in the figfit ;IUNlllst cancer. PVC are corlllrlitted to e\parading their involvenlent in the \N;lr against cancer througrh ACS programs and Services. RehIN For life is an e\cnt :lnvonc and can participate in - regardless of phi sic -al or mental ahililies. We \A ill field a way to help individuals participate ii tile) have special needs. Relay For life is our N;l�, to honor cancer survivors and to �rry rerllenlber those we }lave 10st in the fil}lt to c;lacer. �. J For our participants, Relav For l .tic is the spa ord that \N ill cut down cancer. lever in nrmkind's historN has an event so quickly is galvanized a people to fight hack against this dreaded disease. !`- 105 Growth of Relay Communities 3000 2500 2000 G 1500 z 1000 500 0 -40, tiggb tigq� 1qq�' 1ggS lggb 1gq'1 1gg4� lggq Relay For Life Participation 2,000,000 1,750,000 y 1,500,000 C 1,250,000 1,000,000 a 0 750,000 0 z 500,000 250,000 0 1ggS tig0 tigq" 101, 1OF, ;LZ°o 1ggp,, 1qO l90 Zqq*, 1 "' lggq G 9 • nm J �t �q �s�r� Ctbran ,.; iSr RELkY 'c' LIFE �i K Jt t d' nMERacn CAN-C ER —Never doubt that a sma group of thoughtfu committed people ca change the worn Indeed, it is th ,only thing the ever has, Margaret Me Mission J ATTACHMENT 9 City Council Minutes 6 October 5, 1999 MOTION - It was moXER Members Sniff/Adolph to reject the two \t4,, bids for Project No. do Channel Storm Drain, and authorize staff to re-advertize tas part of Project No. 99-07, Fiscal Year 1999/2000 Citywideandscape Improvements. Motion carried unanimously. MINU9-140. 3. CONSIDERATION OF A "TRIANGULAR ADOPTION" PROGRAM. Ms. Horvitz, Community Services Director, advised that the Triangular Adoption Program calls for three participants - the City, the School District, and the Navy and/or Marine Corps command. Should the City decide to participate, it would be responsible for recognizing the presence of the military and the dedication they provide to society. Walter McIntyre, 44-975 San Helena Court, Indian Wells, of A Partner Development International Company, spoke regarding the benefits of the program, and how it's working between the City of Indian Wells, the Gerald Ford Elementary School, and the naval command on the USS Bonhomme Richard. He advised that it's a one-year program, and that they're not asking for any funds from the City. The travel costs for students visiting the military base are funded by sponsorships. He noted that the 29 Palms Marine Corp Base has voiced an interest in becoming a participant. In response to Council Member Henderson, Mr. McIntyre advised that he started the program to provide local schools an opportunity to be adopted by a military command. The program starts by the city adopting a military command post to provide military recognition, and then the military command post adopts a school within that city's jurisdiction. He confirmed that 5th graders have been selected to participate in the program because that's when students begin studying American history. Since the program takes a few months to get started, the City could begin the program now or start it next September, noting that recognition of the military personnel and/or students doesn't have to be done quarterly. In response to Council Member Sniff, Mr. McIntyre advised that the military personnel assist the teacher in the classroom, but their primary purpose is as role models and mentors. The hope is that it will eventually increase the students' SAT scores. He advised that the teachers involved with the program at Gerald Ford Elementary were overwhelmed by the opportunity the program provides in the classroom. 10 J i 109 City Council Minutes 7 October 5, 1999 Council Member Sniff felt that with some modification, it's a good concept, but he questioned the value of having military personnel assist in classroom instruction. Council Member Adolph supported the program, and noted that his experience in similar docent programs has been to share his experiences with the students, rather than instructing. Council Member Perkins felt it's an excellent program, and supported the City getting involved with it. He noted that similar programs have been common in law enforcement for years. Mr. McIntyre asked for a Council Member to be appointed as a contact should the City decide to participate in the program. Mayor Pena supported the program, and noted that it would provide publicity for the City. Council Member Henderson felt it's critically important for students to have an opportunity to participate with the various options that they have for their future, including the military, and she felt it would help broaden the perception of their future. She supported moving forward with it. Council Member Sniff suggested continuing it and putting it in the budget for next year, rather than doing it on a half -way basis now. Mayor Pena preferred moving forward with it now. Council concurred. MOTION - It was moved by Council Members Sniff/Henderson to authorize the City's participation in the Triangular Adoption Program, to recognize one sailor/marine each quarter (or more if appropriate), and to allocate funds from the Special Projects Contingency Account for an amount not to exceed $2,200. Motion carried unanimously. MINUTE ORDER NO. 99-141. Council Member Henderson was selected as the contact person for the program, with Council Member Adolph as alternate. Council Member Sniff asked for a report back to Council on the implementation date. He also distributed some information on a new school grading structure that has been mandated by the State and accepted by the School District. n T4t!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 15, 2000 CONSENT CALENDAR: Consideration of a Response to the Proposed Big Horn Sheep Critical Habitat Boundary and Recovery Plan RECOMMENDATION: Provide staff with direction. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: STUDY SESSION: PUBLIC HEARING: On July 20, 2000, staff attended a public hearing (Attachment 1) conducted by U.S. Fish and Wildlife Service regarding the area proposed to be designated as the Critical Habitat Boundary for the endangered Peninsula Big Horn Sheep. At that time, staff provided a map identifying the proposed Critical Habitat Boundary affecting La Quinta. This map was generated from data provided to the City by U.S. Fish and Wildlife Service. The map identifies property west of Washington Street, part of the Cove, La Quinta Hotel and part of PGA West as being within the Critical Habitat Area. On August 4, 2000, staff received a copy of a communication from KSL requesting the City respond to the Critical Habitat Boundary and further requesting the City lobby for the removal of the Coral Mountains from the Big Horn Habitat area (Attachment 2). Written comments and information on the proposed designation of Critical Habitat Boundary for the Peninsula Big Horn Sheep will be accepted through August 31, 2000 by the U.S. Fish and Wildlife Service. Staff is seeking direction from the City Council on this matter. 253 C:\My Documents\WPDOCS\ccjh-Sheep.wpd FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Direct staff to prepare a letter to U.S. Fish and Wildlife regarding the Critical Habitat Boundary for the Peninsula Bib Horn Sheep; or 2. Do not prepare a letter to U.S. Fish and Wildlife regarding the Critical Habitat Boundary for the Peninsula Bib Horn Sheep; or 3. Provide staff with alternative direction. Respectfully submitted, Hgfman iunity Development Director Approved for submission by, Thomas P. Genovese, City Manager Attachment: 1. Information from the July 20, 2000 public hearing. 2. Letter received KSL dated August 4, 2000 CAMy Documents\WPDOCS\ccjh-Sheep.wpd 002 2G0 • Q. What is the The Peninsular R. of the Peninsular:' Mountains near. S is rough and rook extends along api The Peninsular bighorn lneep in 1971 to only 335 individui urban development, and h b l These adverse effects are rote Peninsular bighorn sheep was 1998. bighorn sheep? Q. Why is the Peninsular bighorn sheep imporiant? In addition to having ec that are endemic to the v diminishing natural heri Ranges of southern Cal" economic interests. Q. What is ATTACHMENT 1 Frequently Asked Questions About Critical Habitat & the Peninsular Bighorn Sheep ological and scientific value, the Peninsular bighorn anishing plant and: animal.cor ununities of southern tage. The Peninsular bighorn sheep is native to the df ifornia, and is important culturally. to Native Ame �i�rtat?` eep represents one of many animals lifornia and, as such, is a part of our rt sloRes. of the Peninsular Mountain ans, as well as corporate and civic Critical habitat is defined as specific occupied and unoccupied areas that have been found to be essential to the conservation of a federally listed species, and which may require special management considerations or protection. Frequently Asked Questions About Critical Habitat and the Peninsular Bighorn Sheep 1 0 0 It IL Critical habitat is identified using the best available scientific and commercial information about the physical and biological needs of the species. These needs include: space for individual and population growth, and for normal behavior. food, water, light, air, minerals or other nutritional or physiological needs. cover or shelter. • sites for breeding, reproduction, and rearing of offspring. habitat..that;is,.protected from disturbance or is representative of the historical geographic and result in closure of the area to :ail access or use. Q. What happens if my privateProperty is designated critical ;habitat for thie PWdhsitlar bighorn sheep The designation of critical habitat on'privately owned land does not mean the govemrnent !wa�uld: like to acquire or control the land. Activities on private lands that do notrequire Feddrall.nermits.Iicenses' o�rfunding are not affected by a critical habitat designation. Critical habitat does not require landowners `to carry out any special management actions or restrict the use oftheir land. However, under other provisions of the Endangered Species Act, landowners must consult with the Service before taking actions on their property that could harm, harass or killprotected species. This includes destroyingtheir habitat. If a landowner needs a Federal permit orlicense, or receives Federal funds for a specific activity, the Federal agency would consult with the Service to determine how the action may affect the bighorn sheep or its designated critical habitat. Section 7 of the Act requires`Federa.l agencies to: consult with the Service on any activities they authorize, fund, or carry out which ` may affect , a listed species, or its designated critical habitat. Through this consultation process, the Service and 'Federal agencies ensure that permitted actions do not change (adversely modify) critical habitat in such a waythat no longer can meet the physical and biological needs of the species. We also determine if actions are likely to jeopardize a listed species. Because of similarities in analysis standards we believe that projects which will not jeopardize a listed species will also not result in the adverse modification of critical habitat in areas occupied by the species. The requirement to consult with the Service applies to all lands that have been identified as critical habitat where Federal agencies, permits or funding are involved. Frequently Asked Questions About Critical Habitat and the Peninsular Bighorn Sheep 2 0Or-) Q. flow will a critical habitat designation for the Peninsular bighorn .sheep affect recreation? Peninsular bighorn sheep are sensitive to human disturbance during critical periods, such as lambing. For example, hikers can detrimentally affect the survival and recovery of this animal when this activity is in close proximity to lambing areas. Additional impacts occur when human activity hinders the access of bighorn sheep to water during times of environmental stress (e.g., heat of summer). The California Department of Fish and Game (CDFG) and the Bureau of Land Management manage public access and trail systems, including the times during the summer water stress period. Designation of critical habitat would not affect on -going recreational activities beyond existing management responsibilities the agencies have to the species. Q. Is an economic aftuloh required as part of designating critical habitat? Q. Is critical habitat for.all: ltsled species? No. Critical habitat has been designated fog under the Act. The Act requires us to denti designating critical habitat may be conskclere the possibility of vandalism or collection designation is "not determinable" if we dor, critical habitat. Recently, there have been a as a result, by October 1., 2000 we must ree determined critical habitat vas. not prudent Q. Why is critical hdbitat being propo causeharm to l to the specie n when a spec reatenect ana enctangereo. However,.in:some cases, fired that such a to define areas as ;ritical habitat and, :)mia for which we When we listed the Perunsular bghc�rn:heep':as are: endangered species, we determined that designating critical habitat was not prudent because'sueh esignation.could increase the degree ofthreats to the species and would not provide any additional protection beyond existing regulatory mechanisms. Therefore, we did not believe the designation of critical habitat would benefit the species. A lawsuit was filed against the Service challenging our prudency decision not to designate critical habitat for the ,.a Frequently Asked Questions About Critical Habitat and the Peninsular Bighorn Sheep 3 n 200 0,6 Peninsular bighorn sheep. On September 17, 1999, we entered into an agreement with the plaintiffs that stipulated we would release a draft recovery plan by December 31, 1999, make a proposed critical habitat determination by June 30, 2000, issue the final recovery plan by October 31, 2(H)0, and make a final critical habitat determination December 31, 2000. We published the Draft Recovery Plan for the Peninsular Bighorn Sheep and notice of availability in the Federal Register on December 31, 1999. Q. Why is critical habitat for the Peninsular bighorn sheep now considered prudent? We have reconsidered our previous "not prudent" determination of the threats to disturbance of sensitive bighorn areas. Bighorn sheep distribution is not solely dependant on isolated habitat features, but requires an array of essential features that allow the species..adapt to its environment. Bighorn sheep must range widely to locate and exploit to ever -changing sources of food. water, and shelter. Accordingly, our proposed critical habitat delineation does not rely on identi£ynxg 1seOfe sensitive areas, but instead uses a broad landscape approach which includes all — of the essential habitat compcinents within the historical range of the species. We have also determuzed that the limited secho.A. nexus for the<majority ofbighorn habitat is not a valid reason for a finding "snot prudent": In addition, after several.discussions withibe Army Carps of Engineers, we have determined that the section nexus for Jutsdnctional waters of the i]nited States are more extensive than previously understood. After reevaluating the threats to the species, we: find that these risks to the bighorn sheep and its habitat do not outweigh the broader educational, potential regulatory, and other possibly benefits that a designation of critical habitat would provide for this species. Frequently Asked Questions About Critical Habitat and the Peninsular Bighorn Sheep 4 261 007 conservation of its natural habitat. Q. What about lands where regional HCPs are being developed or will be developed in the future? The proposed designation of critical habitat should not impede ongoing habitat conservation planning efforts in southern California. The long-term conservation of the bighorn sheep is being addressed as these plans are developed. During the comment period, the Service is particularly interested in comments from the public on how to address critical habitat within future HCPs. Q. What is the status of the Coachella Valley Multiple Species Habitat Conservation Plan? Currently, we arc working with local governments and other Federal and State agencies to develop a Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP). The Coachella Valley MSHCP aims to preserve biodiversity by focufiing on the needs o:f whole ecological systems and their range of inhabitants, rather than on individual species The goal>of the program is to conserve natural communities before their native species have declined to the pomt protection under the Federal and/or. State endangered species acts is necessary. This approach marks a departure awayf , . he tradition more comprehensive landscape based efi enables local govenunents to use their laz and their habitats. Moreover the process streamlines local, State, and Federal peen In addition to providing protection>for l preserve designed to conserve approxirn slender salamander, least Bell's vireo, svL When the plan is completedand adop is to sensitive species and toward a .at. The Coachella Valley MSHCP rtion measures for sensitive species development activities and further n sheep, the plan would also Federal, State, and local implementing the conservation strategies outlined in tlplan. e establislunent of a ndangered desert listed species the will cooperate in Q. How will any final designation of :critical.habitat affect activities for which a party has already consulted with the Service;under section 7 of the Act? Federal regulations require :agen.cies to reinitiate` consultation with the Service>on previously reviewed actions if ignated critical habitat is desafter the;uutial consultation and if those actions may affect critical habitat. This applies only if those agencies have retained'`some type of discretion or control over the action, or if such involvement is authorized by law. Frequently Asked Questions About Critical Habitat and the Peninsular Bighorn Sheep 5 265 008 Q. What happens if a project is reviewed as part of a reinitiation of consultation and the Service determines it will adversely modify critical habitat? Regardless of whether or not critical habitat has been designated, we must still consider the effect a project may have on the continued existence or recovery of a listed species. When reviewing projects under section 7, we must determine if the proposed action is likely to "jeopardize the continued existence" of a species by asking the question "will the project appreciably reduce the likelihood of the species' survival and recovery?" A project that will "destroy or adversely modify" critical habitat is one that will significantly reduce the value of critical habitat for the survival and recovery of the species.. Since these standanrds are similar, it is highly unlikely that an activity that was reviewed and permitted by the Service under section 7 of the Act prior to the designation of critical habitat would be changed becouse critical abttat as now proposed for the area. sure that any # y s iiltcitin9 ca • How to deal • Reasons why any habil benefits will outweigh rnity to comment:on proposed .critical habitat for the Peninsular zeal action resulting from this proposal will be as accurate and as effective Wnents;or suggestions from the public, other government agencies, the es and any other interested party. In particular, we are seeking comments habitat should i. within future HCPs; • Any fomseeabrle economic or other <i npaet whether the ,esulting from critical in particular, irnpac�s kU bIllrt3l cllL1f 1GJ vl 1c111ll11G�� • Economic: or other values associated with critical habitat designation for bighorn sheep, such as those derived from non -consumptive uses (e.g., enhanced watershed protection, improved air quality, increased soil retention, existence values, and reductions in administrative costs). The Service has also scheduled a public hearing to give citizens an opportunity to provide oral and written comments Frequently Asked Questions About Critical Habitat and the Peninsular Bighorn Sheep 6 26G 009 on the proposed rule. The hearing is scheduled as follows: Thursday, July 20, 2000, from 1:00 to 3:00 p.m. and from 6:00 to 8:00 p.m. at the Wyndham Palm Springs Hotel, 888 E. Tahquitz Canyon Way, Palm Springs, California. Written comments and information on the proposed designation of critical habitat for the Peninsular bighorn sheep will be accepted through August 31, 2000, and should be sent to Field Supervisor, Carlsbad Fish and Wildlife Office, 2730 Loker Avenue West, Carlsbad, California 92008. All comments received, either written or oral, are given equal weight and will be considered during the decision - making process. Comments and materials received will be available for public inspection, by appointment, during normal business hours, at the Carlsbad Fish and Wildlife Office (phone: 760/431-9440). Prepared by: U S Fish :and �ildhfe Prepared On: July 5, 2f)06 Frequently Asked Questions About Critical Habitat and the Peninsular Bighorn Sheep 7 267 01.0 PROPOSED CRITICAL HABITAT MAPS PENINSULAR BIGHORN SHEEP Imperial, Riverside, and San Diego Counties July 2000 �6 Oil Proposed Peninsular Bighorn Sheep Critical Habitat Imperial County Region MEXICO we 10 0 10 .20 Kilometers 266 01 11' Proposed Peninsular Bighorn Sheep Critical Habitat Riverside County Region 2'7 0 01,11 W ATTACHMENT 2 DEVELOPMENT CORPORATION August 4, 2000 John J. Pena Mayor City of La Quinta PO Box 1504 La Quinta, CA 92253 00 A�lG" 4P�PI 2 , Li CITY ! ; QJIt., G 0FFk0lE SUBJECT: Request for City Response to Proposed Bighorn Sheep Critical Habitat Boundary. - — — Request to Lobby for Removal of Coral Reef Mountains from Bighorn Habitat Area Dear Mayor Pena: The purpose of this letter is to request that the City of La Quinta consider taking two initiatives relating to the latest Bighorn Sheep Habitat designation. We encourage the City to review and respond to the Fish & Wildlife Service concerning deficiencies in their recently released Critical Habitat boundary map. The latest proposed Critical Habitat boundary map includes placing within the Critical Habitat half of the La Quinta Cove area, all of the La Quinta Hotel, and approximately one-third of the housing in PGA West. Obviously, these areas are highly developed and could not be considered "critical habitat" under anyone's definition. This serves to highlight the absurdity of the current proposal and begs for a response from all governmental entities affected. The public comment period on the proposed Bighorn Sheep Critical Habitat boundary closes August 31, 2000. Therefore, we ask the City to consider an immediate response requesting a substantial reduction in the size of this intrusive and potentially crippling habitat designation. The second action we ask the City to consider is to initiate a campaign with us to remove the Coral Reef Mountains from any Bighorn Sheep Habitat designation. The reasons for this request are many, but include the fact that few Bighorn sightings have ever occurred in the Coral Reef Mountains, this finger of hills is severed from the main body of the Santa Rosa Mountains, Bighorn Sheep experts have designated this area as a "zone of deficiency" for Bighorn Sheep and there are have been numerous sightings of both coyotes and mountain lions in the Coral Reef Mountains. Coyotes and mountain lions are naturally predators of the Bighorn Sheep and make this hilly area inhospitable for sheep. However, the primary reason for requesting these hills be removed from Bighorn Sheep Habitat is to create a mountainous area where hikers, bike riders, and trail riders can enjoy our mountains on a year-round basis. Current regulations being imposed on the San Jacinto and Santa Rosa Mountains will close almost all existing trails from January through September each year. This leaves no place 55-920 PGA Boulevard 0 La Quinta, CA 92253 • (760) 564-7166 • Fax (760) 564-7131 Mayer John J. Pena City of La Quinta August 4, 2000 Page 2 for tourists and local residents to hike and ride for most of the year. The Coral Reef Mountains are an ideal site for year-round hiking by the public because Lake Cahuila and the County Park are adjacent to these hills and provide excellent public recreation and trailhead areas. Please see the two enclosed exhibits for graphic information about the area suggested for removal from Bighorn habitat. Lake Cahuila and the County Park will become a valuable and heavily used public asset when the area around it develops. It will be impossible to keep people out of the adjacent hills, therefore, we ask that the City take action at this time to request removing the Coral Reef Mountains from Bighorn Habitat so the people who live in La Quinta will have a place to access the hills. Timing of this request is critical since the Bighorn Sheep Recovery Plan is scheduled to be finalized by October 31 and the Critical Habitat boundaries to be designated by December 31. The best opportunity to influence a decision regarding where the habitat boundary is drawn is to make comments to the Fish & Wildlife Service prior to August 3Is' Your timely consideration of these requests is greatly appreciated. Sincerely yours, KSL DEVELOPMENT CORPORATION i N. W n Hancock Vice r ident Pla i & Entitlement NWH/gs cc: Tom Genovese Attachments I WWA 0 M DUNA LA QUINTA JP THE CITRUS COUNTRY CLUB-.-, Avenue 52. AVENUE AW COUNTRY CLUB OF THE DESERT V wills a;i 14P /3 LA QUI 11 A UE . . . . . . . . . . , COVE !J1 A VENUE '20 "S LAKE CABUILA AND ­21 L COUNTY PARK Avenue 58 AVENUE P Tit!t 4 4 Qgm& AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 15, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of the Coachella Valley Recreation PUBLIC HEARING: and Park District Services for the Fritz Burns Pool Extended Season RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The Coachella Valley Recreation and Park District (CVRPD) has provided information for the funding needed to offer extended hours of operation at the Fritz Burns Pool from September 5 to October 1, 2000 (Attachment 1). There are three options available for consideration, ranging from $1,344.70 to a maximum of $3,371.81. The Community Services Department budget contains $3,000 for the Coachella Valley Recreation and Park District extended pool hours (Account #101-251-663-539). Additional funds, if needed, are available in the Special Projects Contingency Account (Account #101-251-663-000). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Contract with CVRPD specifies that the opening day of Fritz Burns Pool is the first weekend of April, or the last weekend of March, depending on the Spring Break schedule of the local school districts. The pool is scheduled to close after Labor Day for the winter. On August 18, 1998, the City Council approved the extended hours of the Fritz Burns Pool for the months of September and October in 1998 with an additional $3,000 allocated from the Special Projects Contingency Account (Attachment 2). On September 7, 1999, the City Council approved the extended hours of operation of Fritz Burns Pool until September 30, 1999 with an amount of $2,028.66 (Attachment 3). CVRPD has submitted the costs to extend the swim season through September, as provided in Attachment 1. 275 The options are presented in a table format for consideration: 1. Weekend Open Swim Saturday & Sunday 12:00-4:00 p.m. $1,355.70 2. Weekday Open Swim Monday - Friday 6:30-8:00 p.m. $1,440.08 3. Option 2 w/Lap Swim Monday - Friday 5:00-8:00 p.m. $2,016.1 1 The amount needed to provide open swim seven days a week totals $2,795.78. This amount would provide open swim hours Monday through Friday from 6:30 to 8:00 p.m. and Saturday and Sunday 12:00 - 4:00 p.m. This amount is the total of options one and two, as listed above. Should the City Council desire the Fritz Burns Pool be open seven days a week for open swim and lap swim, the total cost would be $3,371.81. This amount is derived by adding option one and option three. The City Council authorized $3,000 in the Fiscal Year 2000-01 budget (Account #101- 251-663-539) for extended pool hours, should the City Council wish to extend the pool hours through September. Should the City Council authorize the option of offering the extended pool hours which totals $3,371.81, the additional $371.81 could be allocated from the Special Projects Contingency Account (Account #101-251-663-000). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 3. Authorize the extended season hours at Fritz Burns Pool for September 2000, and authorize the expenditure of funds in the amount of up to $3,371.81 from Account #101-251-663-539 and/or Account #101-251-663-000; or 4. Do not authorize the extended season hours at Fritz Burns Pool or the expenditure of funds; or 5. Provide staff with alternative direction. Respectfully submitted, DocTie Horvitz, Commur\ity Services Director Approved for submission by: Thomas P. Genovese, City Manager 2 002 Attachments: 1. Memorandum from CVRPD Regarding Extended Hours 2. Minutes from August 18, 1998 City Council Meeting 3. Staff Report and Minutes from September 7, 1999 City Council Meeting 27 003 S:\Community Services\CCReports\CC.060.wpd FROM : FAX No. : -TLA,. 10 2000 09:17AM P2 ATTACHMENT I Dodie: f have given her three quotes for the pool being operated from Tuesday, September 5, to Su nday, Mtober 1, 2000. One is for open swim only on weekends, another is for open swim on weekdays without Ian swim and the other includes open swim on, weekdays and lap swim. The cost includes everything. Total Cost for Weekend Open Swim Sjjff­ # �f_s6F# of H0­_Ur!?' of 6a)'is Salary Y Total ;ol —man 8 7.73 $278.2E LiLiquard 3 4.5 8 6.53 $737-64 Cashier 1 4.6 a 6,04 $217.44 Benefits $1221 Total Cost 51,355.7 Cost for Weekda Omen Swim Staff Of Staff of Hours # of Days Sala -ry--Total poi 1 3.5 19 7.73 $614.01 Ufequ rcl 2 3,5 19 6.63 I908,3G Cashier 1 IS 19 6.04 $401.66 1 Total C9 014.1 Cost for Weekday Omen Sw m without La Swim Siiffi_0I_Si_a_ff_ —#of H'_ours _"'_#__of_'_0av* —Sala—rY _Total ­ )I Manager 1 2,5 19 7.73.. $3671.6 .2uard 2 2-5 19....6.83 ..__$648.85 shier 1 2.5 19 6.04 $286,0 ,L l3enefits $137.1 041 Cost i1 2-1 004 ATTACHMENT 2 City Council Minutes 13 August 18, 1998 MO N - It was moved by Council Members Sniff/Henderson �ntinue the matter the design concepts for artwork for the Washington Street bridge to September 5 and ask the artists to take Council's comments into account in preparing addi ' al design concepts. Motion dried unanimously. MINUTE ORDER NO. 98-1"' 10. CONSIDERATION OF APPOINTN TO THE ANNUAL LEAGUE 0 IN LONG BEACH, CALIF IA, 11. IN OF VOTING DELEGATE AND ALTERNATE )RNIA CITIES CONFERENCE TO BE HELD b$ER 2-4, 1998. There were no cha es to the staff report ass mitted to the City Council by the City Clerk's apartment and on file in the Cit ' jerk's Department. MOTION It was moved by Council Members Sniff/H%nderson to appoint Counc' Member Henderson as the voting delegate and May&, Pena as the alte ate to the Annual League of California Cities Conference. Motion carried u animously. MINUTE ORDER NO. 98-143. , CONSIDERATION OF THE COACHELLA VALLEY RECREATION AND PARK DISTRICT SERVICES FOR A FRITZ BURNS POOL EXTENDED SEASON. Mayor Pena abstained due to a conflict of interest and left the dais. There were no changes to the staff report as submitted to the City Council by the Community Services Department and on file in the City Clerk's Department. Mayor Pro Tem Henderson supported the request, but questioned the need to fund it from the Special Projects Contingency Fund. In response to Council Member Sniff, Mr. Genovese, City Manager, advised that an alternate fund would be the General Fund Emergency Reserve Account. Council Member Perkins preferred using the Special Projects Contingency Fund Account. 005 City Council Minutes 14 August 18, 1998 MOTION - It was moved by Council Members Sniff/Perkins to approve an expenditure in the amount of $3,000 (extending the season at the Fritz Burns Park Pool) from the Special Projects Contingency Fund and authorize the Mayor to sign an agreement with the Coachella Valley Recreation & Park District. Mayor Pro Tern Henderson noted that this would keep the pool open on weekends through September and October. Motion carried with Council Member Adolph and Mayor Pena ABSENT. MINUTE ORDER NO. 98-144. 12. ONSIDERATION OF APPROVAL OF THE CONSULTANT SELECTION PROCES R PROFESSIONAL SERVICES TO PREPARE A DESIGN TH E, A ESSMENTS, PLANS, SPECIFICATIONS, AND ENGINEER'S EST ATE NEC SSARY TO DEVELOP THE VILLAGE COMMERCIAL DISTRICT./ Mr. Vo Public Works Director, advised that this is 'for proval of the Consultant election Process and RFP for Phase V improve nts listed in the CIP. He the reviewed Phases V-A through V-D, which ' cludes the Village Commercial Dis ict theme, the Cove and Westward residential areas, as well as the Sage rush, Bottlebrush, & Saguaro sidential areas and the assessment enginee ' g for setting up a sewer ssessment district for the installation of the rem 'ning sewer facilities. a advised that a number of meetings will be held for t Village Commer ial District theme and proto-type street. The Consultant Sele ion Commi a will consist of the City Manager, Public Works Director, Senior E ineer, ommunity Development Director, and Planning Manager. Council Member Henderson wa concer d that the proto-type street may delay getting the assessment dist 'cts and im ovements underway if it is tied to those 'improvements. S asked if the p cess for developing the Village Commercial District the a would hold up m ing forward with the needed infrastructure, to whi Mr. Vogt responded no an advised that many of these projects will be ru ing concurrently. He advised t t placing it all under one contract will m e it easier to control and coordinate. he individual projects will be brou forward for bid approval as they are read Mr. Ge vese, City Manager, advised that those portions having an assessment dist 'ct could be tied together depending on the amounts, as issu g bonds for a assessment district under 51 million doesn't make financial sen e. As for he proto-type street, minor modifications could be made, but n t major improvements such as sewer that would require tearing up the streets again. 230 006 ATTACHMENT 3 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 7, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: PUBLIC HEARING: Approval of the Coachella Valley Recreation and Park District Services for the Fritz Burns Pool Extended Season RECOMMENDATION: Authorize the extended season hours for Fritz Burns Pool, and expenditure of funds. FISCAL IMPLICATIONS: The Coachella Valley Recreation and Park District (CVRPD) has requested $2,028.66 for the extended hours from September 7 through September 30, 1999 (Attachment 1.) The Community Services Department budget contains $3,000 for the Coachella Valley Recreation and Park District (Account #101-251-663-000). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In the Contract with CVRPD, the opening day of Fritz Burns Pool is the first weekend of April, or the last weekend of March, depending on the Spring Break schedule of the local school disJicts. The pool is scheduled to close on Labor Day for the winter (Attachment 2.) On August 18, 1998, the City Council approved the extended hours of the Fritz Burns Pool for the months of September and October of 1998 with an additional $3,000 allocated from the Special Projects Contingency Account (Attachment 3.) The use of the pool in September of 1998 had a daily average of 30 users. October showed a daily use of 7 participants (Attachment 4.) CVRPD would like to keep the Fritz Burns Pool open during September 1999 only. 00 S:\Community Services\CCReports\CC.007.wpd 07!27/99 15:56 $ CV RECREATION ZOO,, ATTACHMENT 1 Memo To: Don Martin, General Manager From: Matthew Lohr, Aquatics Coordinator CC: James Decker, Recreation Supervisor Date: 07/27/99 Re: La Quinta Pool September Operation Hours These are the hours the La Quinta Pool in Fritz Bums Park will operate from September 7"' - 30, 1999. Weekend Open Swim (Sat & Sun) - 12:00 -- 4:00 p.m. Evening Open Swim (Mon - Fri.) - 6:00 - 3:00 P.M. AquaMotion Fitness Class (Tues. & Thurs.) - 5:00 - 6:00 p.m. • post -it• Fax Note 7871 Due 7 37- 91 Da of Rrom �i• .�. M • Page 1 -iZ3 N u .. O' G� ktckc.A l 1 u.� .t., k j Fritz Burns Pool in La Quinta Staff Cost for September Usea Weekend Open Swim Title Rate Per Hour Number of Number of Total Hours Days i Pool Manager $ 7.56 4.5 6 204.12 Lifeguards 21 $ 6.02 4.5 ; 6 325.08 Cashier 1 $ 6.02 1 4.5 6 162.54 Total $ 691.74 Weekday Evening Open Swim Title Rite Per Hour Number of j Number of Hours Days Pool Manager $ 7.56 2.5 18 Lifeguards 2 $ 6.02 2.5 ! 18 Cashier $ 6.02 2.5 18_r Total 340.20 541.80 270.09 $ 1152.09 Total Salaries $ 1843.83 Benefits (10%) $ 184.83 Total Staff Cost $ 2028.66 009 ATTACHMENT 2 n\� COACHELLA VALLEY RECREATION & PARK DISTRICT wo CITY. OF LA QUINTA FRITZ BURNS POOL ►ND MAINTENANCE OF FACILITY AGREEMENT THIS OPERATION AND MAINTENANCE OF FACILITY AGREEMENT (the "AGREEMENT") made and executed this a90 "`day of 19 9 P , by and between the CITY OF LA QUINTA, a Municipal Corporation, hereinafter called the "City" and COACHELLA VALLEY RECREATION and PARK DISTRICT, a public agency, hereinafter called the "District." WITNESSETH: WHEREAS, the City intends to construct upon property owned by the City of La Quinta, a municipal swimming pool in the Fritz Burns Park located within the City of La Quinta, and WHEREAS, the District is operating other swimming pools, throughout the Coachella Valley, and is desirous of assuming the supervision, control, maintenance and operation of this pool to provide recreational activity for the citizens of the City of La Quinta. NOW, THEREFORE, in consideration of the foregoing and the mutual promises and covenants set forth herein, the District and City agree as follows: General Operation: The District shall operate and maintain the Fritz Burns Pool as a public swimming pool facility commencing when the City records the Notice of Completion. The Fritz Burns Pool shall be defined as provided. The pool shall be open to the public every day at Fritz Burns Park during the hours of operation as determined by the District (See Attachment "A"). The hours as indicated in Attachment A are estimates. The actual hours of operation are subject to change upon actual use by the public. The City shall have input regarding the hours of operation. lcm- This agreement subject to termination pursuant to paragraph 3, shall bf for a twenty- five (25) year period, commencing on Notice of Completion of said pool and continuing through May 2023. Termination: Either party has the right to terminate this agreement with or without cause. Six months written notice of a decision to terminate shall be given prior to the effective date of termination. If either party terminates this agreement during the initial eighteen (18) years of this agreement, the party that terminates will reimburse the other party all money that has been expended by the other party during previous years. f :UPWD EPTMPROJ EGTS%FBPool%MOUror.WPD ATTACHMENT "A" Suggested schedule of -operation based on demands: SPRING: Open first weekend in April or last weekend in March depending on Easter break for school. Adult Lap Swim Monday through Friday,' 12 noon until 1:30 p.m. and 5:00 p.m. until 6:00 p.m. Open Swim, Monday through Friday, 6-.00 p.m. until 8:00 p.m. and Saturday and Sunday 12 noon until 4:00 p.m.. NOTE: Pool to close after one hour if attendance is less than twelve (12) participants. Summer officially begins the first weekend in June after school is out. The pool closes on Labor Day. Adult Lap _Swim, Monday through Friday, 12 noon until 1:00 p.m. and 5:00 p.m. until 6:00 p.m.. Open Swim, Monday through Friday 1:00 p.m. until 4:00 p.m. and 6:30 p.m. until 8:00 p.m. and Saturday and Sunday 12 noon until 4:00 p.m. Lessons, Monday through Thursday mornings before 12:00 noon and 5-00 p.m. until 6:30 p.m. and Saturday 11:00 a.m. until 11:45 a.m. NOTE: Pool to' close after one hour if attendance is less than twelve (12) participants. 2 E F:1PWO EPTI,PROJECTS%FBPeo#WOUrrv.WPO ' ATTACHMENT 3 City Council Minutes 13 August 18, 1998 OTION - It was moved by Council Members Sniff/Henderson t us the 11 of the design concepts for artwork for the Washingt set bridge to Sept e 15 and ask the artists to take Council's co s into account in preparing . 'onal design concepts. Motion Carr' animously. MINUTE ORDER NO. 9 10. CONSIDERATION OF APPOI NT OTING DELEGATE AND ALTERNATE TO THE ANNUAL LEAGUE OF C NIA CITIES CONFERENCE TO BE HELD IN LONG BEACH, CALIFORNI R 2-4, 1998. There were no changeseffie staff report as fitted to the City Council by the City Clerk's De ent and on file in the City 's Department. MOTION - 1 s moved by Council Members Sniff/He on to appoint Council er Henderson as the voting delegate and May na as the alterna the Annual League of California Cities Conference. Motion carried unan' usly. MINUTE ORDER NO. 98-143. 11. CONSIDERATION OF THE COACHELLA VALLEY RECREATION AND PARK DISTRICT SERVICES FOR A FRITZ BURNS POOL EXTENDED SEASON. Mayor Peria abstained due to a conflict of interest and left the dais. There were no changes to the staff report as submitted to the City Council by the Community Services Department and on file in the City Clerk's Department. Mayor Pro Tern Henderson supported the request, but questioned the need to fund it -from the Special Projects Contingency Fund. In response to Council Member Sniff, Mr. Genovese, City Manager, advised that an alternate fund would be the General Fund Emergency Reserve Account. Council Member Perkins preferred using the Specie: Projects Contingency Fund Account. 28C U-1 2 r-) City Council Minutes 14 August 18, 1998 MOTION - It was moved by Council Members Sniff/Perkins to approve an expenditure in the amount of $3,000 (extending the season at the Fritz Burns Park Pool) from the Special Projects Contingency Fund and authorize the Mayor to sign an agreement with the Coachella Valley Recreation & Park District. Mayor Pro Tem Henderson noted that this would keep the pool open on weekends through September and October. Motion carried with Council Member Adolph and Mayor Pena ABSENT. MINUTE ORDER NO. 98-144. 12. CONSIDERATION OF APPROVAL OF THE CONSULTANT SELECTION P ESS OR PROFESSIONAL SERVICES TO PREPARE A DESIG rtHEME, ESSMENTS, PLANS, SPECIFICATIONS, AND ENGINEE `ESTIMATE NEINSSARY TO DEVELOP THE VILLAGE COMMERCIAL DI CT. Mr. Vo Public Works Director, advised that this ' dr approval of the Consultan election Process and RFP for Phase V iOrich ovements listed in the CIP. He th eviewed Phases V-A through V-D includes the Village Commercial D ict theme, the Cove and Wes rd Ho residential areas, as well as the Sag ush, " Bottlebrush, & Sa o residential areas and the assessment engine for setting up a er assessment district for the installation of the rem 'ng sewer fac' s. He advised that a number of meetings will be held for Village C mercial District theme and proto-type street. The Consultant Sele n C / ittee will consist of the City Manager, Public Works Director, Senior r, Community Development Director, and Planning Manager. Council Member Henderso oas conce that the proto-type street may delay getting the /toch , tricts and imp ements underway if it is tied to those 'improvements.,, he asked if the p ss for developing the Village Commercialeme would hold up rn g forward with the needed infrastructurMr. `Jogt responded no an dvised that many of these projects wilconcurrently. He advised t lacing it all under one contract wisier to control and coordinate. a individual projects will be brou for bid approval as they are rea Mr. Gen ese, City Manager, advised that those portions havin assessment distric ould be tied together depending on the amounts, as iss bonds for an essment district under $1 million doesn't make financial seNno As for t roto-type street, minor modifications could be made, bumajor improvements such as sewer that would require tearing up the streets again. ATTACHMENT 4 Coachella Valley Recreation & Park District 1998 - 1999 Annual Report Fritz Burns Community Pool 283 014 O N co CO N W C O L a 0 L al O a 0 co 280 015 City Council Minutes 5 September 7, 1999 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SAFETY MANAGER AND TWO CODE COMPLIANCE OFFICERS TO ATTEND A TRAINING CLASS GIVEN BY SOUTHERN CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICIALS, INC., IN LONG BEACH, CALIFORNIA, SEPTEMBER 10-11, 1999. 6. AUTHORIZATION OF EXPENDITURE OF ART IN PUBLIC PLACES FUNDS FOR 1999/2000 FOR PUBLIC ART INSERT IN THE COMMUNITY SERVICES DEPARTMENT RECREATION BROCHURE. 7. CONSIDERATION OF THE COACHELLA VALLEY RECREATION AND PARK DISTRICT SERVICES FOR THE FRITZ BURNS POOL EXTENDED SEASON. (See separate action below.) 8. APPROVAL OF THE ANNUAL REVIEW OF THE STAMKO DEVELOPMENT AGREEMENT. (See separate action below.) 9. APPROVAL OF A JOINT PARTICIPATION AGREEMENT FOR THE ULTIMATE IMPROVEMENTS TO WASHINGTON STREET. 10. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND AUTHORIZATION FOR STAFF TO RECEIVE BIDS FOR CIP 99-07, CITYWIDE MEDIAN ISLAND LANDSCAPE IMPROVEMENTS. 11. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION FOR STAFF TO RECEIVE BIDS FOR PROJECT 99-10, AVENUE 54 OVERLAY. 12. APPROVAL OF FISCAL YEAR 1998/99 CITY OF LA QUINTA DEVELOPMENT PROJECT FEE REPORT. 13. APPROVAL OF DESIGNATION OF VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN SAN JOSE, OCTOBER 10-12, 1999. 14. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28457-1 - BELLA VISTA. 15. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28457-2 - BELLA VISTA. 16. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28457-3 - BELLA VISTA. 200 016 City Council Minutes 6 September 7, 1999 17. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 23995-8, CENTURY CROWELL COMMUNITIES. 18. APPROVAL OF A SUPPLEMENTAL AGREEMENT WITH RIVERSIDE COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR CONSTRUCTION OF DESERT CLUB DRIVE IMPROVEMENTS, COLLEGE OF THE DESERT SMART CLASSROOMS, ADA RENOVATIONS, AND PUBLIC SERVICE FUNDS FOR THE BOYS AND GIRLS CLUB - LA QUINTA UNIT. 19. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29121, MSG ENTERPRISES, INC. MOTION - It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended and amended with the exception of Item Nos. 7 and 8 and with Item No. 17 being approved by RESOLUTION NO. 99-104. Motion carried unanimously. MINUTE ORDER NO. 99-119. 0Item No. 7 —# MOTION - It was moved by Council Members Sniff/Adolph to authorize the extended season hours for the Fritz Burns Pool and expenditure of funds. Motion carried with Mayor Pena ABSTAINING. MINUTE ORDER NO. 99-120. Item No. 8 MOTION - It was moved by Council Members Sniff/Adolph to receive and file the Annual Review of the Stamko Development Agreement. Motion carried with Mayor Pena ABSTAINING. MINUTE ORDER NO. 99-121. BUSINESS SESSION 1. CONSIDERATION OF FUNDING REQUEST FROM THE LA QUINTA HIGH SCHOOL FOUNDATION. Mayor Pena abstained due to a conflict of interest and left the dais. Ms. Horvitz, Community Services Director, advised that the La Quinta High School Foundation is requesting $10,000 for their International Baccalaureate Program. 291 017 T4'y,, 4 4 QuAro AGENDA CATEGORY: BUSINESS SESSION: 6- COUNCIL/RDA MEETING DATE: August 15, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of a Resolution Approving PUBLIC HEARING: the Transfer of Control of a Cable Television Franchise from Summit Cable Services of Georgia, Inc. (Time Warner)to AOL Time Warner, Inc. RECOMMENDATION: Adopt a Resolution of the City Council approving the transfer of control of a cable television franchise from Summit Cable Services of Georgia, Inc. (Time Warner) to AOL Time Warner, Inc. FISCAL IMPLICATIONS: The City utilized special legal counsel (Rutan & Tucker) in interpreting and analyzing the effects of the proposed transfer on the City of La Quinta and its cable television subscribers. The proposed agreement calls for the transferor (Time Warner) to reimburse the City up to $5,000 for "third party" costs associated with the City's review of the franchise transfer request. Rutan & Tucker's expenses are estimated to cost approximately $5,000. The transfer agreement clarifies/restates the definition of gross revenue in relation to launch fees (along with their associated franchise fee payment) which may result in increased revenues for the City. Previously, Time Warner's predecessor, MediaOne, had maintained that launch fees were not part of gross revenue and therefore, refused to pay the franchise fee on those applicable amounts. This transfer agreement clearly stipulates that launch fees are considered a part of gross revenue and requires that the cable operator pay the City a franchise fee on those revenues. CHARTER CITY IMPLICATIONS: None. 29 N BACKGROUND AND OVERVIEW: On February 11, 2000, Time Warner Cable and AOL Time Warner filed a FCC Form 394 with the City to transfer control of the cable television franchise from Time Warner to AOL Time Warner. Under FCC rules, the City must review the request and take action within one hundred twenty (120) days (i.e. by June 9, 2000) or the transfer request is deemed approved. Since that time, staff and special legal counsel, William Marticorena of Rutan & Tucker, have endeavored to obtain certain information relative to the transfer and to negotiate a favorable transfer agreement. Due to this, the City requested and received approval from Time Warner and AOL for an extension which is currently set to expire on August 30, 2000. The current franchise for cable television services in the City is between Summit Cable Services of Georgia, Inc.(Time Warner) and the City. That franchise was transferred from MediaOne to Summit Cable in 1999. The proposed business merger of Time Warner and AOL (America On Line) has necessitated a transfer of the existing franchise as evidenced by the filing of the FCC Form 394. The paramount issue in considering the transfer request has been "open access." "Open access" means that the cable operator (AOL-Time Warner) will open the cable in public right-of-way to any internet service provider (ISP). Open access has also been an issue at the FCC hearings on the AOL-Time Warner merger. AOL, prior to its proposed purchase of a cable company, lobbied for open access so that AOL, as an ISP, could not be blocked from cable markets with customers that may wish to use AOL for internet service. AOL's position during the pending merger of AOL and Time Warner has been less pronounced in relation to open access. AOL and Time Warner did, however, enter into a memorandum of understanding (MOU) to provide access to a limited number of ISPs. The opening of cable to multiple ISPs is hampered by the fact that Time Warner has an exclusive agreement with the ISP Roadrunner to provide internet service to Time Warner's customers. The City of La Quinta's special legal counsel, Mr. William Marticorena, has labored extensively with Time Warner and AOL on the open access issue. Although both companies refuse to guarantee open access in the transfer agreement, Mr. Marticorena has included language in the franchise transfer that will provide open access if so allowed by the courts and if the franchisee provides same in any other franchise authority in Los Angeles, San Diego and/or Desert Cities Division. The attached Resolution and Agreement were drafted by Mr. Marticorena who indicates that, to the best of his knowledge, Time Warner and AOL are in agreement with the proposed transfer agreement. New language relative to open access has been added that has not directly been viewed by Time Warner and AOL in relation to 233 002 La Quinta's transfer request; however, both Time Warner and AOL approved the same language with no objection in their negotiations with Indian Wells on August 10, 2000. Therefore, it is anticipated that the open access language will be approved by both companies. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt the Resolution of the City Council approving the transfer of control of a cable television franchise from Summit Cable Services of Georgia, Inc. (Time Warner) to AOL Time Warner, Inc.; or 2. Do not approve the Resolution approving the transfer of control (this option will obligate the City Manager to deliver a transfer request denial letter to Time Warner/AOL by August 30, 2000, or to gain approval of an extension beyond the August 30, 2000 deadline); or 3. Provide staff with alternative direction. Respectfully submitted, aR—�z A k Britt W. Wilson, Management Analyst City Manager's Office GAMyData\WPDocs\CITY COUNCIL\CCSTFFTIMEWARNER-AOLTRANSFER08-15-OO.wpd Approved for submission by: Thomas P. Genovese, City Manager 294 003 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA CONDITIONALLY APPROVING THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE GRANTED TO SUMMIT CABLE SERVICES OF GEORGIA TO AOL TIME WARNER, INC. WHEREAS, the City Council of the City of La Quinta (the "City") adopted an Ordinance establishing regulations for granting and operating cable television systems (hereafter referred to as the "Ordinance"); and WHEREAS, pursuant to the Ordinance, the City entered into a Franchise Agreement with Summit Cable Services of Georgia, Inc. (hereinafter referred to as the "Franchisee"), (hereinafter referred to as the "Franchise Agreement"). The Ordinance and the Franchise Agreement constitute, and will be hereinafter referred to as the "Franchise"; and WHEREAS, the Ordinance requires City Council consent to any transfer or change of control of the Franchise or the Franchisee; and WHEREAS, FCC Regulations (47 CFR Section 76.502(1)(1) require that in order for a cable operator to obtain approval of a transfer or change in control of the Franchise or the Franchisee, it must submit an FCC Form 394 and any other information as may be required by the City; and WHEREAS, the Franchisee has requested the consent of the City to transfer control of the Franchise and Franchisee to AOL Time Warner, Inc. (the "Transferee"); and WHEREAS, the Transferee has filed an FCC Form 394 with the City requesting City Council approval of the transfer of control of the Franchise to the Transferee (hereinafter referred to as the "Transfer"); and WHEREAS, in support of its Form 394 Application, the Franchisee and the Transferee have submitted to the City certain documents which are on file with the City Clerk, and are collectively referred to as the "Transfer Documents;" and WHEREAS, the City, through its attorneys and consultants, submitted an Information Request to the Franchisee and Transferee on or about February 15, 2000 (the "Information Request"); and WHEREAS, the Franchisee and Transferee have not fully and completely responded to the Information Request; and WHEREAS, the City Council has determined that the combination of Time Warner Inc. ("TWI") and America Online, Inc. ("AOL") into the Transferee could reduce competition for both video programming and the provision of Internet Service Provider ("ISP") services over the cable system of the Franchisee and potentially subject subscribers to a loss or lack of choice in 2 r 9" 124/015610-0004 004 101364.01 AM00 terms of the selection of both video programming sources and/or the selection of an appropriate ISP; and WHEREAS, TWI and AOL have entered into and executed a Memorandum of Understanding dated February 29, 2000, regarding Open Access business practices (the "MOU"); and WHEREAS, the City Council expressly finds that the parties to the MOU entered into and executed the MOU, at least in part, to induce the Federal Communications Commission (the "Commission") and local franchising authorities to approve the Transfer; and WHEREAS, the Franchisee's compliance with the terms and conditions of the MOU has been relied upon by the City in conditionally approving the Transfer and constitutes material consideration and inducement thereto; and WHEREAS, the City Council hereby finds that the Franchisee's compliance with the MOU constitutes a mitigating factor supporting conditional approval of the Transfer; and WHEREAS, it would be fundamentally unfair and constitute a fraud upon the administrative process if the parties to the MOU were allowed to utilize the MOU as material inducement to approve the Transfer and then subsequently cancel, repudiate, denounce, or materially degrade the requirements thereof; and WHEREAS, the City and Franchisee have conditionally prepared an agreement entitled "Agreement Relating To The Consent Of The City of La Quinta, California To The Transfer Of Control Of The Franchise Agreement Held By Summit Cable Services of Georgia, Inc. " (hereinafter referred to as the "Transfer Agreement"), attached as Exhibit A; and WHEREAS, the City Council has determined that the Transfer should not be approved unless the Franchisee, agree to the conditions contained within the Transfer Agreement. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta does order as follows: Section 1. The City Council hereby approves and consents to the Transfer, subject to the Franchisee executing, delivering, and complying with the terms and conditions of this Resolution as provided herein. This approval and consent shall be deemed effective as of the date of closing of the Transfer. Section 2. Unless the Transfer Agreement is executed and delivered to the City by all parties specified on the signature page thereof, other than the City, on or before 5:00 pm on September 30, 2000, (the "Acceptance Date") the Transfer shall be deemed denied, without further action of the City Council, as of the date of this Resolution. Staff is hereby authorized and directed to present to the City Council at its first regularly scheduled meeting subsequent to the Acceptance Date a resolution setting forth the specific grounds for denial which grounds shall be consist with the recitals set forth herein and the requirements set forth in the Transfer Agreement. 124/015610-0004 101364.01 PM00 -2- 2 9 �, 005, Section 3. Upon the close of the Transfer, Transferee shall comply with and be bound by the following documents: 1. The Ordinance; 2. The Franchise Agreement; 3. The Transfer Agreement and all prior Transfer and Extension Agreements; and 4. This Resolution. Section 4. The Mayor is authorized to execute the Transfer Agreement attached hereto and incorporated herein with such changes as approved by Special Counsel. The City Manager, the City Attorney, Special Counsel or their designees, are hereby authorized and empowered to execute any documents necessary, in their discretion, to implement the approvals contained herein. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council, held on this _ day of , 2000, by the following vote: AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers ABSENT: Councilmembers Mayor City of La Quinta, California ATTEST: City Clerk City of La Quinta, California William M. Marticorena RUTAN & TUCKER, LLP Special Counsel 101 64.01 a08/08/00 -3-006 AGREEMENT RELATING TO THE CONSENT OF THE CITY OF LA QUINTA CALIFORNIA TO THE CHANGE OF CONTROL OF THE FRANCHISEE TO AOL TIME WARNER INC. THIS AGREEMENT (the "Transfer Agreement") is entered into this day of , 2000, between the CITY OF La Quinta, California (the "City"), and Summit Cable Services of Georgia, Inc. (the "Franchisee"). WHEREAS, City Council entered into a Franchise Agreement (the "Franchise") with a subsidiary of the Transferor pursuant to the provisions of the La Quinta Municipal Code (the "Ordinance") to operate a cable television system within the City (the "System"); and WHEREAS, the Transferor has filed a written application to the City, (the "Application") wherein it has requested the consent of the City to the assignment of control of the Franchise to the Franchisee (the "Transfer"); and WHEREAS, it is the intent of the City to approve the Transfer; and WHEREAS, the Franchisee will remain in place and continue to hold the Franchise; WHEREAS, the City Council of the City has reviewed the Transfer as well as all relevant documents, Staff Reports and recommendations; and WHEREAS, pursuant to the Ordinance, the Transfer is subject to written consent of the City Council; and WHEREAS, based upon the evidence presented to the City Council, it has determined that it would be in the public interest to conditionally approve the Transfer. NOW, THEREFORE, it is agreed by and between the parties as follows: 1. The City Council of the City hereby gives its consent and approval to the Transfer as described herein. 2. The granting of this consent to the Transfer does not render or waive the right of the City to approve any subsequent change in the ownership of the Franchise or the ownership or legal or operating control of the Franchisee where required by the Ordinance and there shall be no further material change, amendment, or modification of the ownership or equity composition of the Franchisee which requires advance consent of the City pursuant to the Ordinance without further written consent of the City Council. 3. By executing this Transfer Agreement, the Franchisee agrees and acknowledges that (1) this Transfer Agreement and the approving resolution is not a new franchise agreement, the granting of a franchise, or the renewal of the existing franchise, but rather is exclusively an agreement to transfer control of the Franchisee and said Transfer Agreement neither affects nor prejudices in any way the City's or Franchisee's rights under the Franchise; (2) under Section 625 of the Cable Act, the term "commercially impracticable" means, with respect to a cable operator, that it is commercially impracticable for the operator to comply with such requirement as a result 298 124/015610-0004 007 101784.02 PM00 of a change in conditions which is beyond the control of the operator and the nonoccurrence of which was a basic assumption on which the requirement was based. Franchisee agrees that in judging whether particular obligations are commercially impracticable, the parties will not consider the economic burden of debt service and equity requirements, if any, incurred directly or indirectly to fund the Transfer to the extent such debt service and equity exceeds the debt service and equity requirements of the Transferor as they existed prior to the Transfer. 4. By executing this Transfer Agreement, the Franchisee hereby agrees that it remains subject to any and all existing obligations between the City and Franchisee including, but not limited to, the Franchise, any Transfer Agreements and any Franchise Extension Agreements, any lawful orders or directives of any administrative agency relating to the Franchise or the System including, but not limited to, the Federal Communications Commission (the "Commission") and this Transfer Agreement (collectively, the "Franchise Documents") and Franchisee represents and warrants that it has examined the requirements of the Franchise Documents as well as the applicable federal, state, or local laws or regulations, and agrees to abide by all the terms and conditions thereof. Franchisee agrees and acknowledges that neither the Transfer nor the City's approval thereof shall in any respect relieve Franchisee, or any of its successors -in -interest of the responsibility for past acts or omissions, known or unknown, or for any obligations or liabilities pursuant to the Franchise Documents. The Franchisee agrees and acknowledges that it finds the Franchise Documents specified herein to be legally sufficient, enforceable, valid, and binding and accepts the same without condition or reservation. Franchisee shall continue to be responsible for all rate refund obligations and possessory interest tax refund liability, if any, both actual and contingent. Franchisee agrees to cooperate and furnish relevant information in relation to any audit and/or investigation relative to any audit and/or investigation relative to breaches and/or defaults accruing subsequent to the Transfer. To the extent that the Franchisee or any related person or entity, challenges the validity or interpretation of the Franchise Documents in the future in any administrative proceeding or court of law, such a challenge shall be subject to all defenses which would have been available to the City had the Transfer not occurred, including, but not limited to, waiver, estoppel, consent, unclean hands and accord and satisfaction, as well as any and all defenses independently available to the Franchisee. 5. On or before the Effective Date, the Transferor, or its designee, shall pay to the City up to the sum of Five Thousand Dollars ($5,000), as invoiced by the City, which amount is paid in, and only in, complete satisfaction and reimbursement of all third -party costs incurred by the City in relation to the Transfer (the "Payment"). In regard to said Payment, the parties expressly agree and covenant as follows: A. The Payment is within the exclusions from the term "franchise fee" set forth in Section 622(g)(2) of the Cable Act (47 U.S.C. §542(g)(2); and 293 124/015610-0004 008 101784.02 PM00 -2- B. The Payment shall not be deemed to be in the nature of a tax, and shall be in addition to any and all taxes of general applicability or other fees or charges which the Franchisee shall be required to pay to the City or to any state or federal agency or authority; and C. The Franchisee shall not have or make any claim or any deduction or other credit of all or any part of the amount of the Payment to be made pursuant to the franchise from or against any City or other governmental taxes of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment which is duly discriminatory against cable operators or cable subscribers or income taxes) or other fees or charges which the Franchisee is required to pay to the City or other governmental agency; and D. The Franchisee shall not apply or seek to apply all or any part of the amount of the Payment to be made pursuant to this Transfer Agreement as a deduction or other credit from or against any City or other government taxes of general applicability (other than income taxes) or other fees or charges; and E. The Franchisee shall not apply or seek to apply all or any part of the amount of any City or other government taxes or other fees or charges of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services) as a deduction or other credit from or against the Payment to be made pursuant to this Transfer Agreement; and 6. In regard to the Payment made to the City pursuant to this Transfer Agreement, the Franchisee, or any affiliate party shall not pass through, externalize, or otherwise attempt to add the costs of the Payment pursuant to Paragraph 5 hereof to any regulated rate. 7. Franchisee represents that the letter of credit, insurance and bonding required by the Franchise Documents have been obtained, and that there will be no gaps in required coverages or liabilities. Franchisee will continue to maintain the letter of credit and bonds that it was required to maintain under the Franchise notwithstanding the Transfer. 8. Franchisee represents and warrants that the Transfer complies with and is not in violation of any applicable federal, state, or local law, statute, and/or regulation. Franchisee agrees to defend, indemnify and hold the City harmless against any loss, claim, costs, damage, liability or expense (including, without limitation, reasonable attorney's fees) arising out of this Transfer Agreement and/or incurred as a result of (i) any representation or warranty made by Franchisee herein or in the Application or in connection with the City's review of the Transfer which proves to be untrue or inaccurate in any material respect or (ii) any violation of any federal, state or La Quinta law, statute and/or regulation relative to Franchisee's ownership or control of the Franchise or the System. In the event the City receives any such notice of a loss, claim, damage, liability or expense, the City shall promptly notify Franchisee which shall assume sole and direct responsibility for defending against any such loss, claim, damage, liability or expense. 9. This consent is not an affirmation that Franchisee is currently in compliance with the Franchise. Any consent given by the City in this Transfer Agreement and any resolution 00 101784 02 PM00 -3- 009 approving this Transfer Agreement is not a finding that, after the Transfer, Franchisee will be financially, technically or legally qualified, and no inference will be drawn, positively or negatively, as a result of the absence of a finding on this issue. Any consent is made without prejudice to, or waiver of, the City's right to fully investigate and consider Franchisee's financial, technical and legal qualifications and any other relevant considerations during any proceeding including by way of example and not limitation, any future transfer or renewal proceeding. Without limiting the foregoing, any approval of the Transfer is not a finding or representation that the Franchise will be renewed or extended (and approval shall not create an obligation to renew or extend the Franchise); that Franchisee is "financially, technically or legally" qualified to hold a franchise; or that any other renewal issue that may arise with respect to past performance or future cable -related needs and interests will be resolved in a manner favorable to Franchisee. Unless provided for within this Transfer Agreement, nothing in this Transfer Agreement shall constitute a waiver of any of Franchisee's, or City's rights or remedies under federal, state or local law. 10. Franchisee expressly agrees that any litigation arising from or relating to the Franchise Documents shall be filed and litigated exclusively in the Superior Court, County of Riverside, State of California or, if jurisdictional requirements are otherwise met, the Federal District Court for the Central District, California. Franchisee hereby accepts service of process by way of service upon the General Manager of the local office of the Franchisee. 11. Any violation of this Transfer Agreement or any of the terms contained in the Franchise Documents shall be deemed to be a violation of the Franchise and the Ordinance. 12. Franchisee will provide interactive high speed cable modem services to buildings owned or controlled by the City at most favorable commercial or governmental rate offered anywhere in the same operating division by the Franchisee or any Affiliate thereof. 13. Reservation of Rights Relating to Non -Discriminatory Access to Cable Distribution System. A. The City reserves the right to impose a requirement that Franchisee provide nondiscriminatory access to the cable modem platform of the system to providers of internet access services, whether or not such providers are affiliated with Franchisee, under either of the following conditions: (i) If, by final order or judgment, a court of competent jurisdiction rendering a judgment enforceable in California upholds or affirms the authority of any local government to require a cable operator to provide nondiscriminatory access to its cable modem platform of the system to providers of internet access services and the City otherwise meets the legal and procedural prerequisites for the imposition of an internet access requirement. For the purposes of this section, an order or judgment shall be considered final when a court of competent jurisdiction renders, lets stand or affirms such order or judgment, and the time period in which to challenge such order or judgment has passed without a challenge. Prior to the enactment or enforcement of any such requirement, Franchisee shall be provided with reasonable notice and an opportunity to be heard, including the right to present evidence on any findings made or required to be made by the City, or 124/015610-0004 101784.02 PM00 -4- 301 010 (ii) In the event the City has the authority to regulate cable modem service as a cable service and Franchisee enters into an agreement with any other franchising authority in the Los Angeles, San Diego and/or Desert Cities Division, on a non -trial or commercial basis, that requires nondiscriminatory access to its cable modem platform of the system for providers of internet services unaffiliated with the Franchisee, provided that any requirement by the City in such instance would be subject to equivalent terms and conditions. Provided, however, that (1) any requirement imposed pursuant to subparagraphs 13(a)(i) and 13(a)(ii) would be subject to equivalent terms and conditions, and (2) prior to the enactment of any such requirement pursuant to Subparagraphs 13(a)(i) and 13(a)(ii) above by the City, the City agrees that Franchisee shall be given reasonable notice and an opportunity to be heard including the right to present evidence on any findings made by the City with respect to the imposition of such a requirement. If following such a hearing the City decides to require such a non-discriminatory access provision, Franchisee agrees to modify the Franchise to incorporate such nondiscriminatory access provisions into the Franchise consistent with the terms of such judicial decision or other agreement so long as such a provision is technically feasible within the present cable system. Nothing contained herein shall be deemed a waiver of the Franchisee's rights to appeal a decision of the City to impose such a condition. B. Franchisee agrees to comply with all lawful federal, state, and local requirements with respect to nondiscriminatory access to Franchisee's cable distribution system for providers of Internet access service. The City approval of the transfer shall not be deemed to be a waiver of any such rights it may have to impose any requirement relating to nondiscriminatory access, as herein above provided, at a later date regardless of whether a transfer or renewal is pending. Except as expressly provided herein, Franchisee, likewise, does not waive any right it may have with respect to the imposition of such a condition. C. Transferor and America Online, Inc. ("AOL") represent and warrant they have entered into and executed a Memorandum of Understanding dated February 29, 2000, regarding Open Access Business Practices (the "MOU"), a copy of which is attached hereto as Attachment B. The City is granting its consent to the transfer of control of the Franchise in reliance on the intentions of the Transferor and Franchisee to diligently implement, or cause to be implemented, the principles expressed in and underlying the MOU. 14. Franchisee represents and warrants that the Transfer will not be utilized in any regulatory forum or context to justify, in whole or part, any increases, or to void any decreases, in any regulated rate. Nothing herein shall prohibit Franchisee from increasing subscriber rates in an otherwise lawful manner for reasons unrelated to the Transfer. 15. The definition of "Gross Annual Receipts" or "Gross Receipts" as found in the Franchise and/or the Ordinance is hereby amended to read as follows: "Gross Annual Receipts" or "Gross Receipts" means all revenue, as determined in accordance with Generally Accepted Accounting Principles, which is received, directly or indirectly, by Grantee and by each Affiliated Person from or in connection with the distribution of any Cable Service in the City, and any other Service 30 124/015610.0004 101784.02 PM00 -5- n i 1 which may, under now or then applicable federal law, be included in the definition of Cable Service for the purpose of calculating and collecting the maximum allowable franchise fee for operation of the System, including, without limitation, leased or access channel revenues, advertising revenues, cable modem revenues to the extent they are Cable Services, revenues paid by programmers to the Grantee or any affiliated person for or relating to carriage of any programming service which are not contractually required for expenditure or reimbursement of marketing or other expenses relating to the channel carriage, lease or rental payments from a user, affiliated or non-affiliated, of the Cable System which provides a service which is not independently subject to a franchise fee, with the distribution of Cable Service on the Cable System. It is intended that all revenue collected by the Grantee, and by each Affiliated Person, from the provision of Cable Service over the System to the extent that such revenue is derived through any means that has the effect of avoiding the payment of fees payable under the Franchise Agreement be included in this definition. Gross Annual Receipts also specifically includes: (i) all revenues paid by Subscribers for any Cable Service which are paid by Subscribers for any Cable Service which are paid to the Grantee, any Affiliate, or any party in contractual privity with the Grantee or any Affiliate thereof, (2) any bad debts recovered; (iii) a pro rata portion (based on the number of subscribers residing in the City) of all advertising revenue which is received directly by Grantee or any affiliated person under common control with the Grantee, from or in connection with the distribution of any Service over the System in the City or the provision of any Service -related activity in connection with the System in the City. Gross Annual Receipts shall be calculated at proportional discounts associated with the bundling or packaging of Cable Services with non -cable services. Notwithstanding anything to the contrary in the foregoing, Gross Annual Receipts does not include: (i) the revenue of any Person to the extent that said revenue is also included in the Gross Annual Receipts of Grantee; (ii) taxes imposed by law on Subscribers which Grantee is obligated to collect; (iii) any other revenue which must be excluded pursuant to applicable law. 16. Franchisee shall cause the Transferee to execute and deliver the Estoppel Certificate attached as Exhibit A hereto. 17. Franchisee acknowledges that the City's consent to the Transfer is DENIED unless the conditions set forth herein are satisfied. To this end, the Franchisee agrees that if any condition is challenged in federal, state or local court or agency proceedings, directly or indirectly, by claim or defense, on any ground, by or at the behest of the Franchisee, or any affiliate, then the City's consent shall be of no force or effect, and only the introductory recitals 30 s 124/015610-0004 101784.02 PM00 -6- Q .� and the denial of consent to the Transfer shall survive, and shall be effective as if such clauses were the only clauses adopted. 18. The City hereby gives notice that the Grant or Transfer of the Franchise may create a taxable possessory interest upon which the Transferee may be liable for the payment of certain property taxes. The Franchisee hereby acknowledges that it has received actual notice as provided by Revenue and Taxation Code Section 107.6. 19. This Transfer Agreement shall be deemed effective upon the closing of the Transfer (the "Effective Date"). 20. The parties expressly agree and acknowledge that Paragraph 5 of the 1996 Transfer Agreement, and the terms and conditions thereof, are applicable and binding upon the Transferee in relation to this Transfer for the period from the Effective Date of this Transfer. 21. Guarantor hereby guarantees all of the obligations of the Franchise Documents as a joint and several primary liable party. Guarantor hereby waives any obligation which the City might possess to exhaust its remedies against the Transferee as a condition of enforcing obligations against the Guarantor pursuant to the Franchise Documents. 22. This Transfer Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. The parties agree that this Transfer Agreement will be considered signed when the signature of a party if delivered by facsimile transmission. Such facsimile signature shall be treated in all respects as having the same effect as an original signature. [SIGNATURE BLOCK NEXT PAGE] 304 124/015610-0004 013 101784.02 PM00 -7- ATTEST: City Clerk APPROVED: RUTAN & TUCKER, LLP By William M. Marticorena Special Counsel CITY OF LA QUINTA, CALIFORNIA (the "City") Its (the "Franchisee") Its TWI Cable, Inc. (the "Guarantor") Its 305 124/015610-0004 014 101784.02 PM00 '�- I AM ! I I-1.1 a-d" ESTOPPEL CERTIFICATE OF AOL TIME WARNER INC. This Estoppel Certificate is hereby executed and delivered by AOL Time Warner Inc. ("AOLTWI") as material inducement and consideration to the City of La Quinta, California (the "City") for its approval and execution of that agreement entitled "Agreement Relating to the Consent of the City of La Quinta, California to the Change of Control of the Franchisee to AOL Time Warner, Inc." (the "Transfer Agreement"). AOLTWI hereby acknowledges that the City has relied, in part, upon the execution and delivery of this Estoppel Certificate by AOLTWI in approving and executing the Transfer Agreement. AOLTWI represents and warrants as follows: (1) AOLTWI has carefully reviewed the Transfer Agreement and is fully aware of the contents thereof. (2) AOLTWI acknowledges that it is the ultimate parent of the Franchisee, as defined in the Transfer Agreement. (3) AOLTWI shall take no action or inaction on its own behalf or on the behalf of the Franchisee which would cause, directly or indirectly, the Franchisee to breach or otherwise fail to perform its obligations as set forth in the Transfer Agreement; provided, however, nothing herein shall be construed as a guarantee by AOLTWI of the obligations of the Transfer Agreement and/or the Franchise. Executed this _ day of , 2000. AOL Time Warner Inc., Its: 124/015610-0004 102127.01 a07/31/00 30u 015 Aug-10-00 04:21pm From-RUTAN & TUCKER CM, .3c W=cr 1 AAoui I t I= yr M "Cl Alm 7145489035 ATTACHMENT "B" •V, i Tti'T1YIW4i'1'+ftHrY,iFrsi W iFtT+-i�l�Y0.PC�znwwiFFi�i"wi MEMORANDUM OF UNDERSTANDING Between Time Warner Inc_ And America Dr1Gne, Inc. REGARDING OPEN ACCESS BUSINESS PRACTICES February 29, 2000 1 This Memorandum of Understanding ("MOU") sets out the commitments that AOL Time Warner will make to provide open access (i e , to make a choice of multiple Internet Service Providers ("ISPs') available to consumers) on its broadband cable systems_ It is the intention of the parties to enter into as quickly as possible a binding definitive agreement to provide broadband AOL service on Time Warners Cable systems, which will be used as a model for Me commercial agreements that will be available to other ISPs 2. AOL Time Wainer is commuted to offer consumers a choice among multiple ISPs Consumers will not be required to purchase service from an iSP that is affiliated with AOL Time Warner in order to envoy broadband Intemet service over AOL Time Warner cable systems. AOL Time Warner intends to encourage actively other cableoperators similarly to provide consumers with a choice of broadband ISP offerings. 3 AOL Time Warner will Effectuate such choice for consumers by negotiating arms -length commercial agreements with both affiliated (such as AOL) and unaffiliated ISPs that wish to offer service on the AOL Time Warner broadband cable systems. Pursuant to such commercial agreements, AOL Time Wamer will partner with ISPs to offer consumers a choice of competing broadband Internet service offerings 4. AOL Time Warner will not place any fixed limit on the number of ISPs with which it will enter into commercial arrangements to provide broadband service to consumers AOI- Time Warner will provide its consumers with a broad choice among ISPs, consistent with providing a quality consumer experience and any technological limitations in providing multiple ISPs on its broadband cable systems- 5- The terms of the commercial agreements between AOL Time Warner and ISPs wishing to provide broadband service will not discriminate on the basis of whether the ISP is affiliated with AOL Time Warner Thus, while the economic arrangements reached by AOL Time Warner and ISPs wishing to provide broadband service will vary depencling on a number of factors (such as the speed, marketing commitments, and nature and tier of the service desired to be offered). AOL Time Warner will not discriminate in those economic arrangements eased upon whether or not the ISP is affiltatw with AOl_ Time Warner. In addition, AOL Time Warner will operate its Voaddand cable systems in a manner that does not discriminate among ISP traffic baseq on affiliation with AOL Time 1,'Vamer. 6 AOL Time Warner will allow ISPs to provide video streaming_ AOL Time Warner recognizes that some consumers desire video streaming, and AOL Time Warner will not blocK or limit it 4of5 08-10-00 15:19 RECEIVED FROM:7145469035 D niF $/10/004.08 f P-05 Aug-10-00 04:22pm From-RUTAN & TUCKER CM, 7145469035 T-760 P.06/06 F-695 7. AOL Time Warner will. allow ISPs to connect to its broadband cable systems without purchasing broadband backbone transport from AOL Time Warner. 8 Consistent with technological capability, AOL Time Warner will offer ISPs the choice to partner with it to offer broadband Internet service on a national (on all AM Time; Warner cable systems), regional or local oasis, in order to facilitate the ability of consumers to choose among ISPs of different size and scope. AOL Time Warner is committed to bring the benefits of the Internet to all Americans, and will not allow ISPs to offer "redlined" service to only a portion of an AOL Time Warner cable system that is fully enabled to provide broadband service. 9. AOL Time Warner is also committed to avow both the cable operator ana the ISP to have the opportunity to have a direct relationship with the consumer- Accordingly, ootn the calue operator and the ISP will be allowed to market and sell broadband service directly to customers. When AOL Time Warner's cable systems sell broadband Internet service to a customer, they will De enturely responsible for billing and collection. When an ISP sells broadband Internet service oiremy to a customer, it may, if it so chooses, bill and collect from the customer directly 10. This MOu represents an initial step by Time Warner and AOL to articulate the terms, conditions and parameters under which a combined AOL Time Warner will offer consumers access to multiple ISPs on its broadband cal)le systems It is the intention of the parties To continue to refine those particulars to a manner that is responsive to, and consistent with, the desire of consumers to have a choice among multiple ISPs offering broadband service and the still -evolving nature of the cable infrastructure_ 11. All of the foregoing is subject to all pre-existing obligations of Time Wamer, including without limitation Time Warner's agreements with Serviceco, LI-C (d/o/a Road Runner) and its fiduciary and other obligations to its partners However, Time Warner wits endeavor to reach agreements and accommodations with third parties to which pre-existing obligations are due that would permit the full unplementauon of the commitments described herein as quickly as possible. Stephen M. Case Gerald M. Levin America Online, lac- Time Warner Inc. Copyright 2000 Ttmc Warner Inc All nghiS rc5crva4. RrproGucuon in wholc or to part without porm, zoion .!i prohibirrd. *Fcrms I kc ynd ktr yzey Ng4, f a.tion Cc neernmS ForwArd Looking Glatcmr t� 303 01'7 5 of 5 8/Ia00 4:08 P 08-10-00 15:19 RECEIVED FROM:7145469035 P-06 Aug-10-00 04:20pm From-RUTAN & TUCKER Cho, 7145469035 T-760 P.02/06 F-695 'NUCJ:ffAfX4ggCRS 15EARCH - SITE MAP r CONTACT Ift6eft TIME WARNER INC. Tom Warner Inc, Time Wai ner Inc RELEASES 1 NEWS Overview Executives Dire=rs Speeches rH:.5. AMERICA ONLINE AND TIME WARNER ANNOUNCE FRAMEWORK > Rele95eS 1 News D1g11ai Meola FOR AGREEMENTS TO OFFER AOL Cable �`�'"°`�` SERVICE AND OTHER ISPS ON TIME puma PuWlltnft [ WARNER BROADBAND CABLE SYSTEMS ►y,¢n= Feb 29, 2000 mmsic Cable SYM&MS Memorandum of Understanding between AOL. and Time Warner PubhCations nrChfve Outlines Open Access Business Practices Wdb sites DIJt-t.ES, VA and NEW YORK, NY —America Online, Inc , the ;;ti1�P#+4lwe world's leading interactive services company, and Time Warner Inc-, the world's leaping media company, today announced that they have SITE GUIDES signed a Memorandum of understanding setting out the frameworK ��� under which Time Warner will offer consumers a choice of multiple uwdenz G""� "` ISPS, including AOL, on Time Warner's broadband cable systems, That MOU, which is expected to lead to a binding commitment between the companies. will also serve as the framework for 5 1At itfStAt�i7r agreements by which other ISPs will be available to consumers over Time Warner Cable. Today's announcement represents a first step by the two companies to provide more detail on how as a combined company they will put "open access" into effect on their broadband cable systems and deiiver consumer choice in Internet service providers. Steve Case, Chairman and Chief Executive Officer of America Online, Inc., said, "I am very pleased mat we have been able to make this significant step forward today toward maKing open access a reality for consumers in the marketplace. It is exactly what we believe our two companies can achieve when we work together. providing new choices for consumers and value in the marketplace. "Choice, competition and innovation have been the factors driving the Interners explosive growth to Gate Now, with this framework, we are poised to make it easier, more attractive and more affordable than ever for consumers to sign up for high-speed, always -on Internet service, with all of the benefits Mat has to offer-" Gerald Levin, Chairman and Chief Executive Officer of Time Warner, said- "We know Time Warner consumers want choice and innovation in cable Intemet service, and we are going to deliver it to then -I --access to AOL as well as to a variety of other ISPS. " 1 look forward to the rest of the cable industry following this same pain of choice and innovation. which I believe will greatly accelerate consumer adoption of cable broadband services. Today's announcement is another step forward in delivering on the promise of the interactive medium and helping make broadband access a reality for every consumer." l of S 08-10-00 15:17 RECEIVED FROM:7145469035 3 019 n1R 8110/00 4.08 P P.02 Aug-10-00 04:20pm From-RUTAN $ TUCKER CM, 7145469035 T-760 P.03/06 F-695 - - --- Joe Collins. Cnairman and Chief Executive Officer of Time Warner Cable. said. "At Time Wamer Cable, we are committed to delivering the services consumers want. Our subscribers want a first-class array of chokes, and we IooK forward to working with AOL and other iSPs to deliver that to them." Key elements of the MOU include commitments to. • Offer Consumers Choice: AOL Time Wainer is commuted to offer consumers a choice among ISPs. Consumers will not be required to purchase service from an ISP that is affiliated with AOL Time Warner in order to enjoy broadband Internet service over AOL Time Warner cable systems. Diversity of ISPs, AOL Time Warner will not place any fixed limn on the number of ISPs with which it will enter into commercial arrangements and it will offer those ISPs the choice to partner on a national (on all AOL Time Warner cable systems), regional or local basis, in order to facilitate the ability of consumers to choose among ISP5 of different size and scope. Direct Rela6onsriip with the Customer for ISPs: AOL Time Wamer is also committed to allow both the cagle operator and the ISP to have the opportunity to have a direct relationship with the consumer Accordingly, both the cable operator and the ISP will be allowed to market and sell broadband service directly to customers Wnen an ISP sells broadband Internet service directly to a customer, it may, if it so chooses, bill and collect from the customer directly. video Streaming AOL Time Warner will allow ISPs to provide video streaming AOL Time Warner recognizes that some consumers desire video streaming, and AOL Time Warner will not block or limit it. While today's MOu is subject to existing Time Warner obligations, such as its contracts with Road Runner, Time Warner also said it is committed to providing a choice of ISPs as quickly as possible, and will work with Its partners to try to achieve that goal even before its current obligations expire. The AOL Time Warner Memorandum of understanding on open access is attached About America Online, Inc. Founded in 1985, America Online, Inc., based in Dulles, Va . is the world's leader In interactive services, Web brands, Internet technologies, and e-commerce services_ America Online, Inc. operates two worldwide Internet services, America Online, with more than 21 million members, and CompuServe, with more than 2.5 million memoers, several leading Internet brands including ICQ, AOL Instant Messenger and Digital City, Inc.; the Netscape Netcenter and AOL COM portals: the Netscape Navigator and Communicator vowsers; AOL MovieFone, the nation's tF 1 movie listing guide and ticketing service, Spinner Networks and NullSoft. Inc.. leaders in Intemet musk; and Digital Marketing Services, a company specializing in online rewards programs and online market research. Through its strategic alliance with Sun Microsystems, the company develops and offers (11.p 2 of s 8110100 4:08 I 08-10-00 15:18 RECEIVED FROM:7145469935 P.03 Aug-10-00 04:21pm From-RUTAN t TUCKER CM, 7145469035 T-760 P.O4/O6 F-695 TM w W imt I nwuF � a �aa.v .......-....- Ieasy -to -deploy, end -to -end e-commerce and enterprise solutions for companies operating in the Net Economy. About Time Warner Inc. Tme Warner Inc (NYSE: TWX, www-timewarner.com) is the world's leading media company. its pusinesses Include cable networks, publishing, music, filmed entertainment, cable and digital media. America Online Contact Name: Kathy McKiernan Contact Phone:(703) 265-1746 Time Warner Inc Contact Name: Edward Adler Contact Phone:(212) 484-6630 Contact Name: Scott Miller Contact Phone:(212) 484-8736 Time Warner Cable Contact Name: Mike Luftnian Contact Phono:(203) 328-0613 ww �l'RzsxfiwwJ�liisrwwwiKR'+rir�w4wPisrrrwrFw F>«��f�YV, Caution Concerning Forward-Loolong Statements. This press release and 0 attachment include cerMirl "7olwar0-looking staterrlenis- within the meaning of the Private Securities Litigation Reform Act of 1995- These statements are based on managemenrs current expemawns and aie nawratly subject to uncertainty and changes in circumstances Actual results may vary materially from the expectations contained nerein The forward -looking statements herein include statements apout We proposed Time WarnersAmenca Online transaction The following factors, among inners, Gould cause actual re54115 to differ materially from those gesCribed her6in failure of the Time warner or America Online stockholders to approve the merger, the risk that the Time Warner and America Online pusln=es will not Do integrated successfully, the costs related to the merger, inability to otimin, or meet conditions imposed for, governmental approvals for the merger of America Online and Time Wainer; and other economic, business, competitive anai4r regulatory factors affecting America Online's and Time Nvarner's pusnssses generally More detailed information about those factors is set forth in filings by AOL Time Wamer, America Online and Time Warner with the Securities and F-xcnange Commission, including the most recent quarterly report on Form i0-0 and current reports on Form 8-K. None of AOL Time Warner, America Online or Time Wamer is under any obligation to {and expressly disclaims any such obligation to) update or alter its forward-IaoKing statements whether as a result of new information, future events or otherwise .www�. •wrrw.wwwss:w+wwwww � � s.ws.�www� w w+e>•rw--wwwasw AOL Time Warner Inc_, together with Time Warner Inc and America Online, inc., (ilea won the Securities and EAchange Commission a preliminary joint proxy statement/ prospectus regarding the prOpased 0usrness combination transaction referenced in the foregoing information In addition, AOL Time warner. Time Warner and America Online will prepare and file with the Commission a definitive joint proxy statements prospectus anq other 4oc4ments regarding the proposed transaction_ Investors and security holders are urged to read rile detinit we joint proxy stmementsprospectus, when it becombs availatft, peCw3use it will contain important information. Tnes definitive joint proxy statemenliprospectus will be sent to stockholdam of Time Warner and Amenca Online seeking their approval of tna proposed transaction. Investors and security noiders may oatain a frees copy of the definitive joint proxy statnmentlprospecfu$ (when it is avaiiaM) anti other documents fled with the Commission oy AOL Time Warner (as wail as by Amanca Online and Time Warner) attne Commission's weo site at www.sec.gov The definitive joint proxy statement/prospectus and these other doormants may also be obtained for free by Amence Onime stockholders by directing a request to America Online, I=. 22000 AOL Way, Dulles, VA 20166• Attention Investor Relations. telapnone; (703) 265.2741. a -mad. AOL IR @aol com, and by Time Warner stockholders by directing a request m Time Warner Inc. 75 Rockefeiter Plaza, �) New Yorh, NY 10019. Attention. Shareholder Relations, telephone. (212) 484-5971, .l e-mail invea reques0m com 3 of 5 8110100 4.08 P 08-10-90 15:18 RECEIVED FROM:7145469635 P.04 REPORT/INFORMATIONAL ITEM: /5 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 11, 2000 7:00 P.M. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:03 p.m. by Chairman Kirk who asked Commissioner Tyler to lead the flag salute. B. Present: Commissioners Jacques Abels, Richard Butler, Steve Robbins, Robert Tyler, and Chairman Tom Kirk. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney John Ramirez, Senior Engineer Steve Speer, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT ITEMS: A. Chairman Kirk asked that the approval of the Minutes for June 27, 2000 Commissioner Tyler asked that Page 2, Item 3, correct the spelling of Chris Bergh; Page 14, Item 32 deleted. Chairman Kirk asked that Page 13, Item 29 corrected to state, "Although it is difficult to interpret the results given the apples to oranges comparisons, the study showed that this full access could be implemented without increasing travel time."; Page 16, Item 42 clarified to state, "The Commission was concerned with approving the document they did not feel comfortable with. Chairman Kirk stated the suggested General Plan Amendment change was to have submittal of a CMP, not necessarily the approval of the CMP. The process was implemented to submit a CMP, not to approve one." There being no further corrections, it was moved and seconded by Commissioners Tyler/Butler to approve the minutes as amended. Commissioner Robbins abstained. B. Department Report: None. 312 CAMy Documents\WPDOCS\pc7-1 1 -OO.wpd 1 Planning Commission Minutes July 11, 2000 V. PUBLIC HEARINGS: A. Environmental Assessment 2000-392 Tentative Tract Map 29623, a request of World Development for certification of a Mitigated Negative Declaration of Environmental Impact and approval of the subdivision of 10.09 acres into 35 single family and other common 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 questioned the modification to Condition #61 and where it is referenced in Condition 81 as both should be modified. On Condition #64, why are we conditioning the landscaping to be consistent with the tract across the street and he is not sure why staff is now requesting this. Also, it seems to be in conflict with Condition #81. Community Development Director Jerry Herman stated the purpose was to have the landscaping consistent with the units across Miles Avenue as well as Dune Palms Road. Commissioner Tyler stated this was the first time it had been required and he was questioning why it was now being imposed on this developer. Discussion followed regarding the condition. Commissioner Butler abstained from the discussion regarding the landscaping across Dune Palms Road, due to a possible conflict of interest. 3. Chairman Kirk asked if the Architecture Landscaping and Review Committee had reviewed the project. Staff stated no, because the units were approved previously for Wildflower. 4. Commissioner Butler asked about the use of lawn as he thought the idea was to reduce the amount of turf. Staff stated it was a small percentage of lawn between the sidewalk and perimeter wall. Staff could delete this if the Commission requested. 5. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Ken Stitsworth, representing World Development, gave an overview of the project and stated he had no objections to the conditions as submitted. u%^ 313 C:\My Documents\WPDOCS\pc7-1 1 -OO.wpd 2 Planning Commission Minutes July 11, 2000 6. There being no further questions of the applicant, and no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened the project for Commission discussion. 7. Commissioner Robbins stated the last time this developer was before the Commission he objected to the plans submitted as they had names scratched out from previous developments. If he sees another project brought before him by this developer in the same manner it will receive a no vote from him. 8. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2000-043 recommending to the City Council certification of Environmental Assessment 2000-392, subject to the findings and Mitigation Monitoring Program. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 9. It was moved and seconded by Commissions Abels/Robbins to adopt Planning Commission Resolution 2000-044 recommending to the City Council approval of Tentative Tract Map 29623, as amended. a. Condition #83: Add street names. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Discussion regarding the summer meeting schedule of the Planning Commission. 3 1 003 C:\My Documents\WPDOCS\pc7-1 1 -OO.wpd 3 Planning Commission Minutes July 11, 2000 1. Chairman Kirk asked for staff's recommendation. Staff stated the City Council would be dark on September 5tn. It was moved and seconded by Commissioners Robbins/Butler to go dark for August 8tn They would consider going dark on September 12tn if there are no cases to be heard. Unanimously approved. B. Commissioner Abels gave a report of the Council meeting of July 5, 2000. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Tyler to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held July 25, 2000, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 7:24 p.m. on July 11, 2000. Respectfully submitted, et J wyer, Executive Secretary City of La Quinta, California 315 CAMy Documents\WPDOCS\pc7-1 1 -OO.wpd 4 0 U 4 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 25, 2000 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:03 p.m. by Chairman Kirk who asked Commissioner Robbins to lead the flag salute. B. Present: Commissioners Jacques Abels, Richard Butler, Steve Robbins, Robert Tyler, and Chairman Tom Kirk. C. Chairman Kirk opened the elections for the office of Chair. It was moved and seconded by Commissioners Butler/Abels to elect Steve Robbins as Chair. There being no further nominations, nominations were closed and Commissioner Robbins was unanimously elected. D. Chairman Kirk opened the elections for Vice Chair. It was moved and seconded by Commissioners Robbins/Butler to elect Jacques Abels to the office of Vice Chair. There being no further nominations, nominations were closed and Commissioner Abels was elected unanimously. E. Staff present: Community Development Director Jerry Herman, Assistant City Attorney John Ramirez, Planning Manager Christine di lorio, Senior Engineer Steve Speer, Contract Planner Nicole Criste, and Executive Secretary Betty Sawyer. Chairman Robbins assumed the meeting. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Robbins asked if there were any corrections to the Minutes of joint meeting of May 10, 2000. There being no corrections, it was moved and seconded by Commissioners Tyler/Butler to approve the minutes as submitted. Commissioner Kirk abstained. 31 C:\My Documents\WPDOCS\PC7-25-OO.wpd l Planning Commission Minutes July 25, 2000 B. Chairman Robbins asked if there were any corrections to the Minutes of June 13, 2000. There being no corrections, it was moved and seconded by Commissioners Tyler/Butler to approve the minutes as submitted. Commissioner Kirk abstained. C. Chairman Robbins asked if there were any corrections to the Minutes of July 11, 2000. There being no corrections, it was moved and seconded by Commissioners Abels/Kirk to approve the minutes as submitted. D. Department Report: None. V. PUBLIC HEARINGS: A. Environmental Assessment 2000-399, Specific Plan 2000-047, Parcel Map 29791, Conditional Use Permit 2000-050, and Site Development Permit 2000-680, a request of La Quinta Court, JDD, LLC for certification of a Mitigated Negative Declaration of Environmental Impact approval of a Specific Plan for design guidelines and development standards, a Condition Use Permit to allow motorcycle and golf cart sales, Site Development Permit for architecture and landscaping approval, and a Parcel Map to merge six parcels into one. 1. Chairman Robbins opened the public hearing and asked for the staff report. Planning Manager Christine di lorio and Contract Planner Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted two changes they were recommending to the Conditions; Condition #67 changed to remove the word "safe" and replace with "efficient water management" for both applications. Also, Condition #64 should be deleted. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Abels asked about the drive -through on Building 3 and on Page 4 of the Specific Plan it refers to uses such as real estate, restaurant and commercial retail; why is a drive -through proposed? Staff stated drive -through restaurants are prohibited by the Specific Plan and this drive -through is for a coffee shop or bank. 3. Commissioner Kirk questioned Page 6 of the Specific Plan where it indicates the Specific Plan allows the use of automobile, motorcycle and vehicle sales with exterior displays on Buildings 2 and 4 and references Exhibits "E-B" and "E-C", and when looked CAMy Documents\WPDOCS\PC7-25-OO.wpd 2 Planning Commission Minutes July 25, 2000 at the exhibits he could not find where the exterior display would occur. Staff indicated on the plans where the display area would be and they are to be reviewed and approved by the Community Development Department. It could not be located on Highway 1 1 1 or Washington Street, behind the landscape setback. 4. Commissioner Kirk stated that he generally believes the City's shopping centers are over -parked and he appreciates the use of shared parking on this project. He questioned whether or not the reduction in the number of parking spaces is due to the dinner house having different hours of operation. However, he did not see anything in the Specific Plan that would limit the use of that site as a dinner house over time. When you look at shared uses on parking it should be looked at over time. Staff stated in the Specific Plan the applicant has addressed the square footage needed for a restaurant use and the square footage for retail uses. If it were to be exceeded, they would have to apply for an amendment to the Specific Plan. Planning Consultant Nicole Criste stated the requirement for restaurant parking at 35 square feet per parking space, are more restrictive than those for a retail center under 50,000 square feet, which is one space for 250 square feet. So overall, if the use were to change to retail, the parking requirement would go down. 5. Commissioner Tyler stated he had a problem understanding just how many parking spaces there were. He has a problem with the shared parking because the use is contiguous with a grocery store and grocery stores typically have extended hours so the parking spaces could be jointly used. He asked what the real parking space total was. In addition, he has a hard time counting the seven parking spaces in the drive -through as part of the parking total. 6. Commissioner Butler asked if there was an existing left turning pocket southbound on Washington Street. Senior Engineer Steve Speer stated it is not there. The existing median is only eight feet wide and in order to for this proposal to get a left turn onto Simon Drive, the applicant has willingly offered to dedicate an additional eight feet to get the pocket creating a 16 foot wide mediam. 7. Chairman Robbins stated they would have to move back the curve returns on Simon Drive easterly, and what will happen southerly of this site as he does not think Washington Street is eight feet at 318 003 C:\My Documents\WPDOCS\PC7-25-OO.wpd 3 Planning Commission Minutes July 25, 2000 this location. Will this development be required to widen Washington Street accordingly, south of Simon Drive, and if so, he does not see it in the conditions. Senior Engineer Steve Speer stated it was contained in the conditions as a standard condition where they have to do appropriate transitions and this fits into the category as appropriate transitions. If the right of way is not sufficient at this location, there are a couple things staff can do. If the right is not there, the City will not go forward, or the City can proceed with the acquisition at the applicant's expense. They have considerable off -site improvements on Washington Street which will be a major reconstruction job. 8. Chairman Robbins asked about Page 7 of the Specific Plan, the normal setback on Washington Street is 30 feet and we are allowing 20 feet. What is the logic and justification to allow this. Planning Manager Christine di lorio stated the landscape setback for the General Plan and Zoning Code is 20 feet; 30 feet is for the building setback. Rather than have a driveway or parking lot on the corner, the applicant is asking under the Specific Plan to move the building to the landscape setback. Therefore, it is not modifying the City's landscape setbacks. 9. Commissioner Tyler asked how this compares with the Auto Club across the street. Community Development Director Jerry Herman stated it should be 20 feet as the 30 foot requirement was not in place at the time the Auto Club was built. 10. Contract Planner Nicole Criste stated that if the parking were addressed at the gross level, the total parking required for the square footage of a restaurant space plus the retail space would be 245 parking spaces. The proposal calls for 226 parking spaces including the stacking space. The retail use for the grocery store is not sufficiently large to allow a full service supermarket. A full service supermarket requires considerably more than the square footage provided here and the proposal is therefore for a specialty supermarket which will have more restrictive hours and clientel. The reduction of 25 parking spaces overall within the parking center, staff does not believe is excessive due to the difference in hours between the retail shops and restaurant use, given the fact the grocery store will not be a supermarket. Commissioner Tyler stated there is nothing contained in any of the documents that states that. If that is the case, and the shared parking depends upon this, there should be a condition to address this. Planning C:\My Documents\WPDOCS\PC7-25-OO.wpd 4 310 0 U- 4 Planning Commission Minutes July 25, 2000 Consultant Nicole Criste stated the Commission can add a condition requiring only specialty grocery store. Practically speaking, a supermarket requires 25,000-45,000 square feet for a full service. Even if the whole building on the corner were converted to retail, based on the City's current requirements, the parking requirement would be 212 parking spaces, so this project is actually over parked at 226. The retail parking requirement is more liberal than the restaurant requirement. 11. Commissioner Butler stated that the proposed tenants for Building 3 are real estate agency, restaurant, and commercial retail. The project across the street where there is a real estate agency, the Commission received complaints because there wasn't enough adequate parking for the number of realtors working out of those offices. Are we addressing the need for parking given the fact that the number of spaces needed in the past has changed for some of these uses. Planning Consultant Nicole Criste stated that based on the current standard contained in the Zoning Code, there are restrictions on how the parking requirement can be looked at. To break it out by use further for a use similar to a real estate office, would require a Zoning Text Amendment. 12. Chairman Robbins stated they could require them to meet the existing Code. 13. Commissioner Kirk stated that on Page 19 of the Specific Plan there are the design requirements for the signs and there is a restriction in regard to logos and the percentage of the sign that should be take up by a logo. In the past when the Planning Commission has addressed this issue, they have been told there is very little latitude in restricting logos. He assumes the Specific Plan becomes a City document, therefore, can the Planning Commission, by approval of the Specific Plan, restrict signage in such a way. Assistant City Attorney John Ramirez asked if Commissioner Kirk was referring to the establishment's sign. Commissioner Kirk stated the Specific Plan states it is a logo and a part of the name. Assistant City Attorney Ramirez stated that under existing law the City can ban outright certain types of signs, but if the Commission decides the Code does allow them to have signs, you are very limited with what you can do to restrict them both on a size and content based issue. There are some issues with examples in the past how the City's sign ordinance has been C:\My Documents\WPDOCS\PC7-25-OO.wpd 5 005 Planning Commission Minutes July 25, 2000 applied in that context. Commissioner Kirk asked if the City could restrict a sign so that the logo cannot exceed 10% of the total sign area. Assistant City Attorney Ramirez stated they could as long as it is a blanket application. Typically, the problems is that these type of restrictions apply to certain signs. The problem arises if this applied only to commercial signs but not other types of signs. If it is a blanket application for all signs, the City can impose restrictions on size. Commissioner Kirk stated he thought Mr. Ramirez was saying that the City had less latitude in restricting size and now as long as it is blanket, we can restrict size. Mr. Ramirez stated that as long as it is a blanket application, regardless of the content of the sign, the Commission is free to do this. 14. There being no further questions of staff, Chairman Robbins asked if the applicant would like to address the Commission. Mr. Dale Frank, developer of the project, stated that due to the City's requirements they exceed the number of parking spaces required, so he is uncertain where the Commission believes they are under parked. Due to the irregular shape of the site, per the allowed FAR for the site, the building coverage could be 86,000 square feet, however they will have only 53,000 square feet in order to get the buildings to fit onto the site. Together with the restrictions they have to meet as far as setback requirements, they have worked diligently to meet the Code and provide a facility that is very pleasing. In regard to the drive -through, Starbucks has started having drive-throughs and most banks are also. Which use depends on who they sign as a user. It is on the back side next to Simon Drive. The architecture is a more costly type of architecture to build and is similar to what is on El Paseo in Palm Desert. They have met with staff to keep the site upscale in regard to the users. He went on to describe the site and the proposed tenants. 15. Commissioner Abels stated he was pleased with the tenants that had been identified. Mr. Frank went on further to state that at this time they have not signed any motorcycle company. Harley Davidson has contacted them and they do have a very aesthetically pleasing building. In regard to golf carts, it is a permitted use and they are asking for a conditional use for a display in a limited area because the users have asked for it. They think a show room for golf cart displays, as long as the interior C:\My Documents\WPDOCS\PC7-25-OO.wpd 6 Planning Commission Minutes July 25, 2000 and exteriors are done aesthetically and architecturally pleasing, will create a very nice retail presence. Other retails they have are L G's Steakhouse, Jensens market, an optical company, a dry cleaners, one hour photo, Becker and Becker Real Estate, two major stockbroker firms, golf cart showroom, another restaurant, and a bank. They have tried to limit the type of users that create a facility that has a presence within the community. 16. Commissioner Tyler commended the applicant on their layout and attention to detail, especially the pedestrian detail. In the Specific Plan on Page 2, automotive businesses are mentioned. As the City has an auto mall he would suggest removing the use of the word "automotive". In regard to the golf carts, are they going to have display and/or retail sales. Mr. Frank stated they will have display and showroom for retail sales with no service. Commissioner Tyler questioned how they could have sales and no service on site to handle the service. Mr. Frank stated the lease restricts the service center. Commissioner Tyler noted that three parking spaces were dedicated to GTE Telecommunication equipment and asked what type of equipment this would be. Mr. Hack stated it was to provide GTE with an area for their upgraded facility to the current telecommunications equipment. It is a dedicated easement for a fiberoptic switch. This switch will service the entire area. 17. Commissioner Butler stated he too likes the project and it is a nice entry to the City. In regard to the tenants, he does not think the use of awning in the desert is a wise idea. Mr. Frank stated they are used in other cities successfully. Commissioner Butler asked if the wind would create any problems. Mr. Hack stated the awnings are broken up to complement the windows and any framework used would secure them. Mr. Frank stated it is more of an accent to the building. 18. Commissioner Abels too commended the applicant on the project. He is not happy about the motorcycle use, but he has been convinced it will work. 19. Chairman Robbins stated that on Page 14 of the Specific Plan it states the project will be built in a single phase and yet refers to future buildings. Mr. Hack stated it would all be built at one time. 007 322 C:\My Documents\WPD0CS\PC7-25-00-wpd 7 Planning Commission Minutes July 25, 2000 20. Chairman Robbins asked if a prior project had been approved with awnings and didn't the Commission add a condition requiring them to be kept in a "like new" condition. Also, he has a problem with counting the seven parking spaces in the drive -through. 21. There being no further questions of the applicant, and no further public comment, Chairman Robbins closed the public participation portion of the hearing and opened the project for Commission discussion. 22. Commissioner Tyler stated that in the staff report, the use of the word "project proponent" was used as a synonym for "applicant" and asked if this was correct. Assistant City Attorney John Ramirez stated the applicant is presumed to be a proponent of the project. There is no reason the Commission could not alter the language or suggest to staff they be sensitive to their word choices. He would agree they are not synonym from a legal standpoint. Commissioner Tyler stated that since this is a legal document that will have to stand on its own over time and the language will have to be worthy of that condition. Planning consultant Nicole Criste stated the word is not used interchangably in the conditions. As a rule the applicant as described is not necessarily the project proponent who will build out the project. In this case it may very well be, however, in many projects the applicant is not the party that builds out the project. Her intent when using the word "project proponent" is that it encompass not just the applicant, but anyone else that might come forth in the future so it will apply to those parties as well. Assistant City Attorney John Ramirez stated he would look at it, but he sees no problem. 23. Commissioner Tyler stated the fire department conditions should be changed to use the word "shall". 24. Commissioner Abels stated he wanted to be sure wording was included in the Conditional Use Permit that no service would be allowed. 25. Commissioner Kirk asked if the applicant were to develop the site without a Specific Plan would a fast food or drive -through business be allowed. Staff stated it would be allowed, but this applicant was required to file a specific plan per the General Plan. CAMy Documents\WPDOCS\PC7-25-OO.wpd 8 3Q2 3 UUO Planning Commission Minutes July 25, 2000 What the applicant has developed is a use that is compatible with the site. As long as the drive -through is compatible with the circulation and overall project, he has no objection. 26. Chairman Robbins stated that in the conditions regarding drainage, there is normally a condition preventing nuisance water from draining into the storm drains. Senior Engineer Steve Speer stated their storm water drains to the existing storm drain that goes to the Whitewater Channel now which has a nuisance water handling box which is able to handle this site as well as the west side of the street. 27. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2000-045 recommending to the City Council certification of Environmental Assessment 2000-399, subject to the findings and Mitigation Monitoring Program. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 28. It was moved and seconded by Commissioners Kirk/Abets to adopt Planning Commission Resolution 2000-046 recommending to the City Council approval of Specific Plan 2000-047, subject to the findings and Conditions of Approval as amended. a. Add a condition that denotes the specific location of vehicle displays for golf carts or vehicle uses on Buildings 2 and 4. b. Delete reference to automotive and motorcycle uses. C. Add a condition that the awnings be maintained in a "like new" conditions. d. Specify that no service is allowed for any golf cart uses e. Condition #64 deleted. f. Condition #67: change the word "safe" to "efficient". g. Drive-throughs would be permitted for coffee or bank uses only. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. C:\My Documents\WPD0CS\PC7-25-00.wpd 9 324 009 Planning Commission Minutes July 25, 2000 29. It was moved and seconded by Commissions Abels/Butler to adopt Planning Commission Resolution 2000-047 approving Site Development Permit 2000-680, subject to the findings and Conditions of Approval, as amended. a. Add a condition that denotes the specific location of vehicle displays for golf carts or vehicle uses on Buildings 2 and 4. b. Delete reference to automotive and motorcycle uses. C. Add a condition that the awnings be maintained in a "like new" conditions. d. Specify that no service is allowed for any golf cart uses e. Condition #64 deleted. f. Condition #67: change the word "safe" to "efficient". g. Drive-throughs would be permitted for coffee or bank uses only. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 30. It was moved and seconded by Commissions Butler/Tyler to adopt Planning Commission Resolution 2000-048 recommending to the City Council approval of Conditional Use Permit 2000-050, subject to the findings and Conditions of Approval, as amended. a. Delete reference to automotive and motorcycle uses. b. Add a condition specifying that no service is allowed for any golf cart uses. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 31. It was moved and seconded by Commissions Tyler/Kirk to adopt Planning Commission Resolution 2000-049 recommending to the City Council approval of Parcel Map 29791, subject to the findings and Conditions of Approval, as amended. a. Add a condition that denotes the specific location of vehicle displays for golf carts or vehicle uses on Buildings 2 and 4. b. Delete reference to automotive and motorcycle uses. C:\My Documents\WPDOCS\PC7-25-OO.wpd 10 325 111_0 Planning Commission Minutes July 25, 2000 ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. B. Specific Plan 88-012 and Tract Map 23995; a request of the La Quinta Redevelopment Agency, USA Commercial Mortgage, and Siena Del Rey, LLC for repeal of the Specific Plan and modification of the Tract Map "Condition #39 by providing for the required Bikeway on the south side of the Whitewater Storm Channel and provide for an in -lieu fee for the construction of the Bikeway on the north side of the Whitewater Storm Channel, south of Miles Avenue, west of Adams Street, and east of Washington Street. 1. Commissioner Butler excused himself due to a possible conflict of interest and left the dias. 2. Chairman Robbins and Commissioner Tyler declared they owned property within 2,500 feet of the project and had discussed this with the City Attorney and it was determined they had no financial gain and would therefore participate in discussion of the proposal. 3. Chairman Robbins 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. 4. Chairman Robbins asked if there were any questions of staff. Commissioner Abels asked who was funding the bike path. Staff stated the parcels are required to provide funding for the bikeway. 5. Commissioner Tyler stated this is one of the few tracts that has curved streets and should serve as a model for future developments. 6. Chairman Robbins asked if there was any other public comment, There being none, Chairman Robbins closed the public participation portion of the hearing and opened the project for Commission discussion. 7. Commissioner Kirk asked if this were a private applicant would it be treated any different. Staff stated that if there was no need for a specific plan no. In this case there is no need of the specific plan as the tract has already been built. 011.320 C:\My Documents\WPD0CS\PC7-25-00.Wpd 11 Planning Commission Minutes July 25, 2000 8. Commissioner Tyler asked if Century -Crowell Communities agreed to this change. Staff stated the Century -Crowell Communities and INCO Homes have agreed and submitted letters in support of it. 9. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 2000-050 recommending to the City Council that Specific Plan 88-012 be repealed. ROLL CALL: AYES: Commissioners Abels, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. 10. It was moved and seconded by Commissioners Tyler/Abets to adopt Planning Commission Resolution 2000-051 recommending to the City Council approval of Tract Map 23995, Amendment #1, modifying Condition #39 to relocate the Bikeway form the north side of the Whitewater Channel to the south side between Adams Street and Washington Street. ROLL CALL: AYES: Commissioners Abels, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. Commissioner Butler rejoined the meeting. VI. BUSINESS ITEMS: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. Vill. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report of the Council meeting of July 18, 2000. B. Staff reminded the Commissioners there would be another joint meeting of the City Council, Architectural and Landscaping Review Committee and Planning Commission on September 26, 2000. The time was yet to be determined. 32 C:\My Documents\WPD0CS\PC7-25-00-Wpd 12 I1Il�.. n Planning Commission Minutes July 25, 2000 C. Commissioner Tyler asked staff to inform the Commission of the date for the League of California Cities Conference IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Tyler/Butler to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held August 22, 2000, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:25 p.m. on July 25, 2000. Respectfully submitted, Ae WQuinta, xecu� tive Secretary California 328 C:\My Documents\WPDOCS\PC7-25-OO.wpd 13 0 1 0 REPORT/INFORMATIONAL ITEM: Il10 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 5, 2000 I. CALL TO ORDER 10:00 a.m. A. This meeting of the Architectural and Landscaping Committee was called to order at 10:07 a.m. by Planning Manager Christine di lorio who led the flag salute. B. Committee Members present: Bill Bobbitt, Dennis Cunningham, and Frank Reynolds. C. Staff present: Planning Manager Christine di lorio, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. Planning Manager Christine di lorio asked if there were any changes to the Minutes of June 7, 2000. Committee Member Reynolds noted that Committee Member Cunningham was stated as moving to adjourn the meeting and he was not present. Committee Member Bobbitt made the motion. There being no further changes, it was moved and seconded by Committee Members Reynolds/Bobbitt to approve the Minutes as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Specific Plan 2000-047 and Site Development Permit 99-680; a request of JDD, LLC/The 3S Company for approval of architectural and landscaping plans for a 5.65 acre shopping center development. 1. Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. CAMy Documents\WPDOCS\ALRC7-5-OO.wpd I Architectural & Landscape Review Committee Minutes July 5, 2000 2. Mr. Jim Hack, Conway Architecture, made a presentation on the project. He stated the pedestrian system was integrated for clear on site direction from building to building. Parking for the entire project was in the rear, pushing the buildings to the outside. They currently have two primary tenants identified: a destination dinner restaurant and grocery store. They have also incorporated three plaza areas which occur at building one, building two, and building four. 3. Committee Member Cunningham stated he liked the project. Historically for La Quinta we have the La Quinta Hotel with the historic Spanish look which he had hoped would have been carried out throughout La Quinta, but has not. Now these two corners are left. Wesman on the southwest corner kept the look, but the property owner on the northeast corner did not as can be seen in the La Quinta 1 1 1 Center which is a standard strip center. He is glad to see this project will follow the Spanish theme, and yet meld the two looks. This is a fresh approach to the architecture on this corner. He hoped they would carry this look through to the details on the building. 4. Committee Member Reynolds stated this has always been a problem piece of land. It will be a traffic generation problem as it is an awkward piece to get to and from. He likes the architecture aspect. In regard to the landscaping, he strongly urges they not use the Bottletrees as they will be a maintenance problem. 5. Committee Member Bobbitt stated his concern was that this corner would have more of a Spanish Revival theme. He asked if this type of architecture would stand the test of time. In 25 years will we be able to determine what year this was built because of the architectural style. Mr. Hack stated that to the extent you could look at Spanish architecture then probably to some degree yes. There are a few examples that are truly timeless in the sense you cannot place them. Committee Member Bobbitt asked if this would stand the test of time better than the One Eleven La Quinta Center. 6. Committee Member Cunningham stated yes. You can see the One Eleven La Quinta Shopping Center type of strip mall all across the country. Architecture is hard to put in place. There is a movement toward this type of architecture and it will continue to be used and should last a long time. 0020 C:\My Documents\WPD0CS\ALRC7-5-00.wpd 2 Architectural & Landscape Review Committee Minutes July 5, 2000 7. Committee Member Bobbitt stated he would like to have the 18 (Phoenix dactyhfera) Date Palm trees replaced as they are potentially dangerous. If the trees are purchased from nursery stock and not a transplant from an old grove which have been stressed, the trees are safer. Otherwise, they have the potential of their crowns dropping off. The trees should be 15-18 feet in height and have somebody hand pick them. Mr. John Vogley, landscape architect for the project, stated he agreed and he was looking at trees that would be 12-15 feet in height. Committee Member Bobbitt stated he too agrees with the elimination of the Bottletrees as they are very messy. In a confined area, the long term maintenance will be difficult. He recommended a different species. Lastly, Commissioner Bobbitt noted a concern regarding the size of the planting areas for the parking lot trees. He understands the need the parking spaces, and as the parking lot islands are squeezed down to accommodate the number needed, the landscaping suffers as they are too restrictive in the small areas. Someone needs to redesign these parking lots to give the trees room to grow. Mr.Vogley stated they are experimenting with perforated drain tiles and air vents to encourage the roots to grow under the asphalt. Discussion followed regarding alternatives. 8. Committee Member Reynolds asked about the palm trees at the entry drives in regard to site distances. He suggested keeping the trees back from the street to keep from having site distance problems. Second, the view shown in the exhibit (second page from the end) should be corrected to say southeast and not southwest. 9. Committee Member Cunningham asked if they were working with someone for public art. Mr. Hack stated they are working with somebody to put some art piece on the corner. Mr. Dale Frank, developer, stated that until they had some direction from the City, they did not want to pursue it any further. 10. There being no further discussion, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 2000-013 recommending approval of Specific Plan 2000-047 and Site Development Permit 2000-680, subject to the Findings and Conditions of Approval of the Conditions, as submitted. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None 33 4 UU3 C:\My Documents\WPDOCS\ALRC7-5-OO.wpd 3 Architectural & Landscape Review Committee Minutes July 5, 2000 V. COMMITTEE MEMBER ITEMS: None VI. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Cunningham/Bobbitt to adjourn this regular meeting of the Architectural and Landscaping Review Committee to the next regular meeting to be held on August 2, 2000. This meeting was adjourned at 10:48 a.m. on July 5, 2000. Respectfully submitted, YY . SAWYER, Executive Secretary City La Quinta, California C:\My Documents\WPDOCS\ALRC7-5-OO.wpd 4 REPORT/INFORMATIONAL ITEM: /I MINUTES HISTORIC PRESERVATION COMMISSION MEETING A regular meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA June 15, 2000 This meeting of the Historic Preservation Commission was called to order by Chairman Robert Wright at 3:03 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, Puente, Mitchell, and Chairman Wright. 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 Puente/Mitchell to approve the Minutes of May 18, 2000, with the following correction: 1. Business Item A., #3 corrected to read as follows: "Commissioner Irwin stated she agreed with Commissioner Mitchell's comments, but wondered after reading the report, if the archaeological monitoring needed to be on the entire property, or if it is only necessary to monitor the dune area under discussion." V. BUSINESS ITEMS A. Phase I Cultural Assessment of a 5.65 Acre Site, located on the southeast corner of Washington Street and Highway 111. Applicant: G. J. Murphy Construction - 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. Commissioner Mitchell had no problem with the report or its findings. Chairman Wright concurred. P:\CAROLWHPC6-15-OO.wpd - I - `� 3 Historic Preservation Commission Minutes June 15, 2000 3. Commissioner Irwin commented she was 100% in favor of continuing the monitoring during trenching but other than that the report was acceptable. 4. There being no further discussion, it was moved and seconded by Commissioners Mitchell/Irwin to adopt Minute Motion 2000-014 accepting the Phase I Cultural Assessment of 5.65 Acre Site. Unanimously approved. B. Phase I Cultural Assessment for Tract 29623: located at the northeast corner of Dune Palms Road and Miles Avenue. Applicant: World Development - Archaeological Consultant: Archaeological Associates (Robert & Laurie White). 1. Principal Planner Stan Sawa presented the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Mitchell asked if they recommended monitoring of the grading. Planning Manager di Iorio answered the information was in the third paragraph under the Management Summary. She commented on the projects that had been worked on near the site and nothing had been recovered, including the project to the east, which had been trenched and was also negative. As a result, the Archaeologists concluded monitoring deep trenching was not warranted. 3. Commissioner Irwin was concerned because one of the reasons cited for not monitoring was the cost involved which she felt should not be a reason for discontinuing the monitoring. She contended it was very important to continue the monitoring during trenching, since artifacts had been found on the property at Dune Palms Road and Highway I I I with deep trenching. 4. Planning Manager di Iorio stated a condition could be added requiring the trenching to be monitored. 5. Commissioner Puente agreed with Commissioner Irwin and asked if it could be a policy that deep trenching be required on all sites so no archaeological remains would be lost. 6. Chairman Wright agreed that a condition to require monitored trenching be added and stated it may not be prudent to make any exceptions after the Commission has worked so hard to have monitoring of trenching done previously. 7. There being no further discussion, it was moved and seconded by Commissioners Irwin/Puente to adopt Minute Motion 2000-015 accepting the Phase I Cultural Assessment for Tract 29623 with addition of a condition to P:\CAROLYN\HPC6-15-OO.wpd -2- 0 2 Historic Preservation Commission Minutes June 15, 2000 monitor during trenching. Unanimously approved. C. Appointment to the Museum Expansion Committee. 1. Planning Manager di lorio informed the Commissioners that the City Council would be forming a Committee to work on the Museum Expansion in the very near future. The Committee's purpose is to prepared design criteria for use by the proposed architect in plans for the expansion of the La Quinta Historic Museum. 2. There being no further discussion, it was moved and seconded by Chairman Wright/Commissioner Mitchell to appoint Commissioner Irwin as the Historic Preservation Commission's representative. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL VII. COMMISSIONER ITEMS A. Chairman Wright introduced Mr. Archie Sharp, who was visiting as Council's appointee to the Commission, and welcomed him to the Commission. B. Principal Planner Stan Sawa passed out a letter received from Richard Starzak, Senior Architectural Historian for Myra L. Frank & Associates, regarding the future clock/antennae structure at the Salon de Flores at the La Quinta Resort. This letter was only to update the Commission as the applicant still has to file an application and go through the normal approval and review process. 1. Commissioner Mitchell asked if the FCC had submitted Section 106 of the National Historic Preservation Act report to State Office of Historic Preservation (SHPO) since it is a Federally -licensed undertaking and requires consultation with SHPO. 2. Planning Manager di Iorio replied the letter staff received was a copy of what was sent to the SHPO. It is staff s understanding they have since received a response from SHPO and we can request a response. Therefore, staff has prepared a letter making such a request. However, even though they have been talking with the State Office, they will still need to process a Conditional Use Permit through the City. Also, they sent us a photograph but it does not show what the proposed antenna will look like. It is a picture of what is existing. Their proposal is to raise the tower twelve feet. That means it will not only affect the historic aspect, because is also further away from the historic portion of the hotel. Also the sensitivity of having a twelve foot high antenna on Salon de Flores is a a concern not just to the 335 P:\CAROLYN\HPC6-15-OO.wpd -3- V V Historic Preservation Commission Minutes June 15, 2000 Commission, but to everyone else. 3. Commissioner Mitchell inquired if the City would wait to hear from SHPO before issuing a permit. Planning Manager di Iorio stated they already had and that was why staff was waiting for the letter. C. Planning Manager di Iorio acknowledged an inquiry by Commissioner Irwin about a Tourism Initiative through Riverside County and they were supposed to be setting up a Committee. Staff had left messages at the number given, but had not received any replies. She will try to obtain further information. D. Commissioner Irwin asked if the Commission could have a Workshop at the July meeting. Planning Manager di Iorio replied she would see who was available to conduct the Workshop. As it was summer, it might be difficult to arrange. E. It was moved and seconded by Commissioners Irwin/Puente to hold the next regularly scheduled on July 27" to accommodate the Commissioner's summer schedules. Unanimously approved. VIII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Irwin/Puente to adjourn this meeting of the Historic Preservation Commission to the next scheduled meeting of the Historic Preservation Commission on July 27, 2000. This meeting of the Historic Preservation Commission was adjourned at 3:20 p.m., June 15, 2000. Unanimously approved. Submitted by: �ynalker Secretary 33 04 P:\CAROLYN\HPC6-15-OO.wpd -4- REPORT/INFORMATIONAL ITEM: MUSEUM EXPANSION COMMITTEE MINUTES June 28, 2000 I. CALL TO ORDER A regular meeting of the Museum Expansion Committee was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center by Dodie Horvitz, Director of the Community Services Department. Committee Member Sniff led the Pledge of Allegiance. MEMBERS PRESENT: MEMBERS ABSENT: Committee Member Don Adolph Committee Member Barbara Irwin Committee Member Stan Sniff Committee Member Judy Vossler Committee Member Pat Cross STAFF PRESENT: Dodie Horvitz, Community Services Director Christine di lorio, Planning Manager Chris Vogt, Public Works Director Cristal Spidell, Secretary It was moved by Committee Member Irwin/Sniff to excuse Committee Member Cross because she is out of town at a class reunion. Unanimous. II. PUBLIC COMMENT III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR V. PUBLIC HEARING VI. BUSINESS ITEMS A. Election of Chairperson Ms. Horvitz opened the floor for nominations for Chairperson. Committee Members Adolph/Vossler nominated Committee Member Irwin. There being no more nominations, Committee Member Sniff declared a unanimous ballot for Committee Member Irwin as Chairperson of the Museum Expansion Committee. Unanimous. B. Election of Vice Chairperson Newly elected Chairperson Irwin opened the floor for nominations for Vice Chairperson. Committee Member Adolph nominated Committee Member Cross. The nomination was not seconded. Committee Member Sniff indicated he could not support the nomination of Committee Member Cross because she was not present to indicate whether she was willing or able to accept the nomination. Committee Members Sniff/Vossler nominated Committee Member Adolph. Committee Member Sniff declared a unanimous ballot for Committee Member Adolph as Vice Chairperson of the Museum Expansion Committee. Unanimous. 337 C. Establishment of Meeting Time and Day The Committee discussed various days and times to meet. It was determined by consensus to meet Wednesday, July 19 at 7:00 p.m. Additional meeting dates will be determined as needed. D. La Quinta Historical Museum Expansion Ms. Horvitz reviewed the report with the Committee. Mr. Vogt displayed a street map of the area around the museum site on Avenida Mendoza, and indicated a street vacation or closure is needed to do the expansion. Mr. Vogt said there are some issues regarding the ownership of the property, and whether a street vacation or a street closure should be done, as recommended by the City Attorney. There is some concern about underground utilities going through the property, and pending the results of a traffic count, what impact this street closure will have on the residents in the immediate area. Committee Member Sniff suggested Mr. Vogt, pending the results of the property search, report to the City Council on July 18 or August 1 to see if the Council is supportive of the street closure idea. Chairperson Irwin asked that the Committee review the report first, and then forward it to the City Council. The report will be faxed to the Committee Members when it is complete. Committee Member Sniff thinks the building needs to be enlarged and would be disappointed if the City does not make the museum a meaningful, visually attractive and useable place. He suggested having speakers come to the facility and speak on the history of La Quinta, and said museum amenities could include a patio, a balcony, Spanish architecture, wrought iron, and fountains. Chairperson Irwin asked for clarification on expansion of the building and whether it was going to connect to the existing building, or be a separate new building. Committee Member Sniff responded that the idea is to expand the building, and not remove any existing walls so as not to destroy the integrity of the existing facility. Walkways and patio area could connect the buildings. There was some discussion of a two story building. Ms. di lorio reminded the Committee that the new facility must comply with ADA standards. Committee Member Adolph suggested getting professional opinions on the building, and said Stewart Woodard has offered his expertise for conceptual ideas. Committee Member Vossler has found it easier to make a wish list and present it to the architect and ask them to present an idea with those items in mind. She likes the idea of a multi -use room, but does not care for permanent seating. Committee Member Sniff suggested sending out an RFQ since $800,000 is expected to be spent on the expansion of the museum. A list could be compiled of what everyone wants and send it out with the proposals. Committee Member Adolph said they need to be careful how to utilize the space. Committee Member Sniff provided a list of suggested design criteria he would like to see at the facility. Committee Member Adolph said if the building is two-story an elevator would be necessary so the building is ADA compliant, and this would be expensive. Chairperson Irwin suggested the Committee review the list together and make changes or add to it. (A copy of the list is on file.) Mr. Joe Irwin, La Quinta resident, asked the Committee if there was enough room for a 5-6,000 square foot building, patio area and parking. Committee Member Sniff said yes, there is plenty of space with use of the alley way. Committee Member Adolph is concerned about the space on the sides and front of the building. Ms. di lorio said that some calculations have been done on the site and it can accommodate parking and a 4,000 square foot building. Setbacks are determined by building size. Committee Member Adolph says the Committee needs to know the guidelines, and suggested the architect know this information also when the proposals are sent out. 333 - 002 Committee Member Vossler asked about the need for natural daylight versus electrical lighting in the facility. Committee Member Adolph would like streetscape design addressed. Committee Member Sniff would like new display ideas rather then the ordinary displays for the artifacts. These items will be added to the suggested design criteria list. More discussion on use of the building space will follow at a later meeting. After further discussion and review of the suggested design criteria list the Committee decided on the following items: 1. Close Avenida Mendoza (rather than vacate) 2. Partial two-story building 3. Spanish style architecture with compatible streetscape 4. At least a 5,000 square foot addition 5. Spanish -style patio, tile, fountain, alcoves, lighting and sound system 6. Balconies with wrought iron 7. Use current facility 8. Secure area for curation of artifacts 9. Use of stained glass 10. Include a multi -purpose area that can seat up to 200 11. Must be ADA compliant 12. Parking to meet requirements of the Village Plan - to be worked out 13. Modest office space 14. Proper lighting for museum displays as well as natural lighting 15. Creative displays for artifacts Staff will present this list at the next meeting for the Committee to review. Staff will also report on the progress of the property search/street closure. The Committee would like address and phone numbers of the Committee Members. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. La Quinta Historical Society History - Received and filed. B. La Quinta Historical Society Museum Building History - Received and filed. VIII. COMMITTEE MEMBER ITEMS IX. ADJOURNMENT It was moved by Committee Member Adolph/Vossler to adjourn the Museum Expansion Committee meeting. Unanimous. Meeting adjourned at 8:25 p.m. NEXT MEETING INFORMATION July 19, 2000 7:00 PM La Quinta Civic Center Study Session Room • Suggested design criteria list • Property search/Street closure update • Sedona Report - Vossler Submitted by: cujoi kL;j Cristal Spidell, Committee Secretary SAcommunity Serviees\MEC\MECMIN6-28.wpd 333 003 REPORT/INFORMATIONAL ITEM: CULTURAL ARTS COMMISSION MINUTES May 11, 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 Blakley led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Jan Blakley Commissioner Kathryn Hull (Chairperson) Commissioner Rosita Shamis (Vice Chairperson) MEMBERS ABSENT: Commissioner Leslie McMillan Commissioner Elaine Reynolds STAFF PRESENT: Dodie Horvitz, Community Services Director Debbie DeRenard, Finance Secretary It was moved by Commissioner Shamis/Blakley to excuse Commissioner Reynolds because she is in Montana at a reunion and Commissioner McMillan because she is judging an open call audition at the McCallum Theatre. Unanimous. II. PUBLIC COMMENT III. CONFIRMATION OF AGENDA It was suggested by staff, and moved by Commissioner Blakley/Chairperson Hull to move VIII. Commissioner Items A. in front of VI. Business Items. Unanimous. IV. CONSENT CALENDAR A. Approval of Minutes of April 13 & April 17, 2000 Staff will check the spelling of the name "Dr. Carl Aggiolosso" and correct it if necessary. B. Art in Public Places Financial Report for 2000 Commissioner Shamis said she had questions about the Financial Report and that Ms. Horvitz will provide the information at the next meeting. It was moved by Commissioners Shamis/Blakley to accept the Consent Calendar as submitted, and staff will report back regarding the Financial Report. Unanimous. V. PUBLIC HEARING - None G:\MyData\CRISTAL\CAC\CACMIN.5-11.wpd 340 VIII. COMMISSIONER ITEMS (This item was considered at this time) A. Tile Presentation by the Boys and Girls Club Deborah Bechard of the Boys and Girls Club, Terrie Hayes from Arteach, and Fernando Lomelli, a student at the Boys and Girls Club showed the work the students did on the tiles at the Boys and Girls Club. These tiles will be added to the Bear Creek art piece located at the south end of the Bear Creek Trail as part of the Agreement between the City and the La Quinta Arts Foundation. A total of 40 students and adults worked on the project at different stages, from start to finish. The Boys and Girls Club selected the project as Project of the Month. VI. BUSINESS ITEMS A. Civic Center Campus Artwork Proposals The City Council considered the artwork project. They reviewed the Commissions recommendations and some were acted upon, such as the Request for Qualifications being reissued. It will go before the City Council for consideration for approval of the modifications on the May 16 agenda. The linear water feature has been removed from the RFQ due to lack of response from artists. The linear water feature will be incorporated into the historical plaza, but it will be as designed by the architect. The bridge railing has been removed from the RFQ because the structural design and calculations could take two and one half years to complete, and the goal is to have the bridge and the island completed at the same time. The geyser has been included in the new RFQ as recommended by the Commission. The sidewalk amenities and the acknowledgment areas are listed in the RFQ. The new RFQ is out until mid -June. Chairperson Hull asked to see the list of artists. Ms. Horvitz will send them to the Commissioners and recommended sending the RFQ's out to all the artists on the list rather than selecting certain ones. Commissioner Shamis agreed with Ms. Horvitz and added that they should think about artists the Commissioners like, whether they are local or otherwise. Ms. Horvitz informed the Commissioners they could contact any artist and ask them to submit an RFQ. The artists that presented information have been notified about a new RFQ being sent out on May 17, 2000. William Cain, a La Quinta artist, owns a vacant lot at Rubio and Ensenada and has made a "sacred circle" that people stop to see. Ms. Horvitz said some areas have been identified, but the space is determined on what the artist comes up with, and the architect will reviews the piece and make a determination. Ms. Horvitz said there is a budget of $340,000 for the entire project, and the amount budgeted for the walkway has not been determined. The City Council would like an artist to submit a proposal, including the cost, for consideration. Mr. Cain told the Commission about the spiritual history behind his art work. Chairperson Hull advised Mr. Cain to submit his idea in an RFQ for consideration. Commissioner Shamis suggested Mr. Cain visit the La Quinta Historical Museum for historical information and suggested he stay within the three items the City Council wishes to consider. Mr. Cain said his project would be as a walkway, and he has considered putting a water feature in the middle. It was moved by Commissioners Shamis/Blakley to continue discussion of the Civic Center Campus Artwork Proposals to the next Commission meeting. Unanimous. 341. 002 G:\MyData\CRISTAL\CAC\CACMIN.5-1 Lwpd Ms. Horvitz said a Commissioner recruited artists to submit artwork that was not to be considered. This happened prior to having a project to work on and two artists were upset because the City Council did not consider their artwork. Ms. Horvitz asked that the Commission stay focused on the project. Ms. Horvitz added that a Commissioner was told by an artist that they were given a 50/50 chance of getting the job and the artist was upset when the City Council did not consider their work. Ms. Horvitz reminded the Commission that the City Council makes the final determination. Chairperson Hull will bring this back as a Commissioner item at the next meeting. Commissioner Shamis indicated she would not be at next month's meeting. B. Symposium for Cultural Development Chairperson Hull has received confirmation from panalists Dr. Doris Wilson and Kajsa Thuresson-Frary. Additional letters will be sent to Assemblyman Jim Battin, Barry Hessenius, and Senator Adam Schiff. Commissioner Shamis said she has spoken with Keynote Speaker Jack Mackie, and told him she does not have approval from the City Council, and that the Symposium is just a plan. She will contact him once it is approved. Commissioner Shamis is concerned that the Commission has not met with the City Council about the Symposium on November 4 and she would like to know how they feel about the idea before putting more effort into it. Chairperson Hull plans to forge ahead with the plans, and said the Commission has put in a request for a $3,000 budget, if they need more, they will find it. Commissioner Shamis reminded Chairperson Hull that almost $2,000 will be spent on the keynote speaker. Chairperson Hull said the Chamber of Commerce Board has voted to support the Symposium in literature and publications. Ms. Horvitz cautioned the Commission that none of the departments knows what will happen until the final budget is signed. Ms. Horvitz suggested that if the entire amount is not approved, perhaps other agencies, cities, and developers could contribute to the program. It was moved by Commissioners Blakley/Shamis to continue working on the Symposium for Cultural Development, projected for November 4, 2000. Unanimous. Commissioner Shamis indicated she will not be attending the preliminary budget item on June 20tn C. Commission Work Plan The Commission reviewed the Work Plan and the following changes were submitted: Page 2 - Leave as is Page 3 - Add "& Civic Center Campus Art" to task title, and change staff time to "40 hours per month". Page 4 - Leave as is Page 5 - Leave as is Page 6 - Fiscal Commitment was changed to "$3,000" Page 7 - Delete this page Page 8 - Change Completion Date to "Continued to 2001-2002" Page 9 - Leave as is Page 10 - Remove "La Quinta Post" It was moved by Commissioners Shamis/Blakley to approve the changes to the Work Plan. Unanimous. G:\MyData\CRISTAL\CAC\CACMIN.5-1l.wpd 00341), Staff will make the changes to the Work Plan and present a final document at the next meeting. After approval by the Commission the item will be submitted to the City Council for consideration. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Letter of Appreciation from the Community Services Department - Received and filed VIII. COMMISSIONER ITEMS Commissioner Shamis indicated she would like to be excused from the June 15, 2000 meeting because she will be out of town. Commissioner Shamis asked about the maintenance of the art piece on the corner of Washington and Highway 1 1 1. Ms. Horvitz indicated the maintenance of the art piece is the responsibility of Michael Shovlin, and the City Council adopted an Art Maintenance Agreement for the City to take over the lighting system because it takes some time to get the burnt out lights replaced. The maintenance of the bronze and brass is Mr. Shovlin's responsibility. Commissioner Shamis does not like waiting to meet once a year with the City Council. As a Commissioner, she feels she needs more time with the City Council to be effective, and she suggested establishing dates to plan and work and present their ideas. Commissioner Shamis suggested going through schools with Art in Public Places presentations. She will do some work and report back to the Commission. Ms. Horvitz suggested this could be incorporated into the Artist Partnership Day. The Commission concurred. IX. ADJOURNMENT It was moved by Commissioners Shamis/Blakley to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at approximately 8:55 p.m.. NEXT MEETING INFORMATION June 15, 2000 7:00 PM La Quinta Civic Center Study Session Room • Civic Center Campus Artwork Proposals • Final Approval of Commission Work Plan Submitted by: a;4�a-� Cristal Spidell, Commission Secretary 004 G:\MyData\CRISTAL\CAC\CACMIN.5-1 l .wpd 343 CULTURAL ARTS COMMISSION MINUTES June 15, 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 McMillan led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Jan Blakley Commissioner Kathryn Hull (Chairperson) Commissioner Leslie McMillan Commissioner Rosita Shamis (Vice Chairperson) MEMBERS ABSENT: Commissioner Elaine Reynolds STAFF PRESENT: Dodie Horvitz, Community Services Director Cristal Spidell, Secretary It was moved by Commissioners Shamis/Blakley to excuse Commissioner Reynolds from the meeting because she is in Montana. Unanimous. II. PUBLIC COMMENT Tom McGraw, a La Quinta artist, introduced himself and distributed information to the Commissioners which showed ceramic art projects he has done, and invited the Commission to come and see his work in person if they would like. Staff will put his information in the artist bank file. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of May 11, 2000 B. Art in Public Places Financial Report for May 2000 Chairperson Hull asked when the charges for the Americans For the Arts Conference would be posted. Staff indicated the charges will be on the next Financial Report. C. Monthly Department Report for May 2000 It was moved by Commissioners McMillan/Shamis to approve the Consent Calendar as submitted. Unanimous. V. PUBLIC HEARING - None 34..E G:\MyData\CRISTAL\CAC\CACMIN.6-15.wpd VI. BUSINESS ITEMS A. 2000-2001 Commission Work Plan Staff reviewed the entire Work Plan with the Commission. Additional changes were made to page 2 (change May 2000 to May 2001), and page 6 (change the word purposed to proposed). Staff will make the changes as requested. In regards to page 4, Commissioner Shamis said she spoke briefly to Catherine Sass at the Americans for the Arts Conference regarding temporary art and how to get around insurance. Ms. Sass asked Commissioner Shamis to contact her for a method to deal with the liability issue. Commissioner Shamis called and has not heard back from her. Commissioner Shamis asked when the budget will be considered and if any Commissioners should be present. Ms. Horvitz indicated the budget will be considered on June 27, 2000 and the Commissioners are welcome to attend, it is a public meeting. Commissioner Shamis would like a letter sent to Robert Lynch, President of Americans for the Arts because he is interested in coming to the Cultural Symposium. Commissioner McMillan spoke with him and he indicated if he was available he would be happy to come. Ms. Horvitz asked if he would require an honorarium or transportation costs. Commissioner McMillan indicated it was possible that Americans for the Arts would pick up his expenses since it is an arts related event. Chairperson Hull said the participants she has sent letters to will be covering their own costs. Commissioner Shamis wants to start giving Symposium information to the Chamber of Commerce, however, staff said they need to wait for City Council approval, and reminded them that the Chamber is dark in July and August. Information must be to the Chamber early August for the September issue. Commissioner McMillan suggested the Commission come up with an overview of what they want grant funding for. She also suggested developing good partnerships and decide what the Commission wants the money for. Commissioner McMillan is determined to undertake the task of finding funds. It was moved by Commissioner McMillan/Blakley to approve the 2000-2001 Commission Work Plan, with changes, and directed staff to present the Work Plan to the City Council for consideration at the July 5, 2000 City Council meeting. Unanimous. Itwas moved by Commissioner Shamis/McMillan to direct staff to request authorization from the City Council to proceed with the Cultural Symposium. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Ordinance Revision In response to why the Commission went from 7 to 5 members, Ms. Horvitz said it was the Council's decision to appoint 5 members as opposed to 7. Commissioner Shamis said Council Member Sniff mentioned that if the Commission found it necessary to go back to 7 they could. Ms. Horvitz said that option was not stated in the new ordinance. Ms. Horvitz also added that the interest level was low when requests for applications were advertised for various commission. Rather than run the Commissions with vacancies, the City Council chose to reduce the members to 5. Chairperson Hull said the Commission may need to appoint subcommittees to get the work done. 345 G:\MyData\CRISTAL\CAC\CACMIN.6-15."d - 002 Commissioner Shamis did not think it was the best time to cut the Commission down to 5 members. She stated she does not understand if you have a qualified, experienced person who has been on the Commission for a long time, why they would be let go. Ms. Horvitz reminded the Commission to remain focused on their tasks and that they are an advisory body to the City Council. The City Council has ultimate discretion to make the final decisions because they are held accountable for their decision as elected officials. Ms. Horvitz said that the Council has acted on recommendations from the Commission in the past, including the Civic Center Campus art projects. Commissioner Shamis said the City Council agreed in March 1999 to meet with the Commission more often, and they have to wait until September 26, 2000 to meet with them again. Chairperson Hull would like to find a way to plan ahead and get the projects going, so people don't say "the Commission isn't doing anything." She also noted the Commission is now three months behind on the Cultural Symposium. Chairperson Hull said she is frustrated because the Commission cannot plan ahead, make commitments, and do it, rather then wait until the last minute. Commissioner McMillan said she asked several organizations how they get their projects done, and they told her they are given a budget to do their projects. Commissioner McMillan said she would be willing to go after grants and endowments but has learned that a lot of them are not too excited about giving funds to a "city", and it needs to be a separate entity. Chairperson Hull suggested asking for a budget, i.e. $10,000, to do performing arts, workshops, symposiums, etc. and have the funds available to use during that year, so you don't have to wait for every item to come before the City Council for approval next year. Chairperson Hull has also spoke to different cities that have budgets to draw from without Council approval. VIII. COMMISSIONER ITEMS Commissioner Shamis provided a written report on the Americans for the Arts Conference, and thanked everyone for allowing her to attend the Conference. The report is on file. Commissioner McMillan also thanked everyone for allowing her to attend the Americans for the Arts Conference. She added that the city business cards were well received, and she gave a verbal report and will submit a written report. In the next year Commissioner McMillan would like the Commission to create a Mission Statement; strengthen the cities cultural environment through the strategic investment and cultural resources; advocate cultural organizations; develop partnerships and activities throughout the community; and ensure cultural development in our youth. Chairperson Hull indicated the Mission Statement has been done, it is part of the Cultural Master Plan. It was received and filed by the City Council. Chairperson Hull suggested Commissioner McMillan take a look at it and try to bring it back to life. Commissioner Shamis suggested that the new Commissioners receive the last 6 months Commission Minutes, Cultural Master Plan, Art in Public Places Master Plan, the La Quinta General Plan, and the Cultural Arts Commission Work Plan to read to get background information. Chairperson Hull asked if La Quinta could help share in the establishment costs of the Arts Alliance. Ms. Horvitz said the request for the City to participate would have to go to City Council for authorization because it is not a line item in the budget. Ms. Horvitz suggested taking an informal consensus to support the Alliance. Once there is a written proposal for the Arts Alliance and the cost of $60 is indicated, Ms. Horvitz will forward the request to the City Council. The Commission concurred on supporting the Arts Alliance. Commissioner Blakley said she did not reapply to the Commission due to personal reasons. She thanked Ms. Horvitz, Ms. Spidell, and everyone on the Commission for her time on the Commission and she indicated she will be returning in a civic fashion of some sort, and she will keep in touch. G:\MyData\CRISTAL\CAC\CACMIN.6-15.wpd 3 4 0 3 Chairperson Hull distributed cards and gifts to the Commissioners and staff members, and said the Commission will be hearing from her and asking for input with the Arts Alliance. IX. ADJOURNMENT It was moved by Commissioners McMillan/Blakley to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:00 p.m. NEXT MEETING INFORMATION July 13, 2000 7:00 PM La Quinta Civic Center Study Session Room • Arts Council • Election of Officers Submitted by: s�- ou-d Cristal Spidell, Commission Secretary G:\MyData\CRISTAL\CAC\CACMIN.6-15.wpd 347 004 -r- DEPARTMENT REPORT: _ v' S TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: August 15, 2000 RE: Department Report - Response(s) to Public Comments The following is the response to public comments made at the August 15, 2000 City Council meeting: 1. Patricia Duarte, 53-400 Avenida Carranza, addressed the City Council regarding the need for a sidewalk at the entrance of Truman Elementary and La Quinta Middle Schools at Avenue 50 and Park Avenue. The Director of Public Works/City Engineer responded to Ms. Duarte during the meeting. In addition, a letter has been prepared and will be sent to Ms. Duarte addressing some of the concerns she raised and providing her with information regarding current work and plans in the Avenue 50/Park Avenue area. 2. Jim Collins, 82-204 Highway 1 1 1, Indio, asked the Council to consider writing a letter to Governor Gray Davis supporting the Americans with Disabilities Act (ADA) and request he withdraw his application to the United States Supreme Court under writ of "certiorari" to overturn the ADA. Mr. Collins advised this was an urgent matter and informed that CVAG and the City of Indio had taken actions in favor of sending letters of support. The item was added to the Council agenda as an urgency item, and subsequently, the Council approved issuance of a letter to Governor Davis in support of the ADA. • A letter to Governor Davis under the Mayor's signature (dated August 10, 2000) was sent in support of the Americans with Disabilities Act. 3. William Cain, 52-485 Avenida Rubio, addressed the Council regarding his interactive art proposal for a labyrinth on the Civic Center Campus and asked the Council to consider the art piece for the Civic Center Campus or an alternate site at the end of the bike path at Fritz Burns Park. 349 • The Council responded to Mr. Cain during the meeting. No additional response was necessary. 4. Frank Borrman, 78-61 1 Highway 1 1 1, of Simon Motors, addressed the Council regarding a letter they received from the City stating that Simon Motors' banners and pennants are not in compliance with City zoning regulations. Mr. Borrman stated that he understood the zoning regulations were amended for the Auto Centre and asked that the amended regulations be extended to Simon Motors as well. • The City Council and Community Development Director responded to Mr. Borrman's request during the meeting. Mr. Borrman was advised of the Specific Plan application process. The Community Development Director later met with representatives of Simon Motors to discuss the application process in more detail. One 343 DEPARTMENT REPORT: 3- A SEPTEMBER 7 - 9 SEPTEMBER 11 SEPTEMBER 19 SEPTEMBER 26 OCTOBER 3 OCTOBER 17 NOVEMBER 7 NOVEMBER 21 DECEMBER 5 DECEMBER 19 CITY COUNCIL'S UPCOMING EVENTS LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN ANAHEIM 3RD ANNUAL MAYOR'S CUP GOLF TOURNAMENT CITY COUNCIL MEETING JOINT MEETING OF CITY COUNCIL AND ALL CITY COMMISSIONS/BOARDS/COMMITTEES CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 3�� August 2000 Monthly Planner 1 2 3 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 11 12 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM Mosquito Pena Energy/Envi- Abate.-Perkins 5:30 PM Invest- Sniff ment Advisory 7:00 PM Cultural Board Arts Commission 13 14 15 16 17 18 19 10:00 AM CVAG 9:00 AM CVB- Public Safety- Henderson Perkins 2:00 PM City 12:00 PM CVAG Council Transp-Perkins Meeting 7:00 PM Commu- nity Services Commission 20 21 22 23 24 25 26 6:00 PM Special 7:00 PM Plan- 12:00 PM CVAG 9:00 AM CVAG Exec ning Commis- Human/Com- LAFCO- Com - Pena sion Meeting Adolph Henderson 4:00 PM DRRA Airp-Henderson 27 28 29 30 31 'iVV 2:30 PM RCTC''i4F, Budget -Pena eptember 6:00 PM CVAG- S M T W T F S Exec Com-Pena 1 2 '3 4 5 6 7 8 9 10 11 12114 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Printed by Calendar Creator Plus on 8/9/2000 r September 2000 Monthly Planner 1 2 August Octo er S M T W T F S ` S M T W T F S 1 2 4 5 6 7 6 7 8 9 10 11 12 '- 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 31 r 29 30 31 yx. 3 4 5 6 7 8 9 Labor Day 12:00 PM Holiday Mayor's Lunch Annual League Conference Anaheim 10 11 12 13 14 15 16 10:00 AM CVAG 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM Public Safety- Mosquito Pena Energy/Envi- Perkins Abate. -Perkins 5:30 PM Invest- Sniff 12:00 PM CVAG Transp-Perkins 7:00 PM Plan- ment Advisory 7:00 PM Cultural 7:00 PM Commu- ning Commis- sion Meeting Board Arts Commission nity Services Commission 3rd Annual Mayor's Cup Golf Tournament 17 18 19 20 21 22 23 9:00 AM CVB- 7:00 AM Super - Henderson visor's Breakfast 2:00 PM City @ Heritage Council Palms Meeting 3:30 PM Historic Preservation Commission 24 25 26 27 28 29 30 2:30 PM RCTC 7:00 PM Plan- 12:00 PM CVAG 9:00 AM Budget -Pena ning Commis- Human/Com- LAFCO- 6:00 PM CVAG- sion Meeting Adolph Henderson Exec Com-Pena 4:00 PM DRRA Airp-Henderson Printed by Calendar Creator Plus on 8/8/2000 October 2000 Monthly Planner 1 2 3 4 5 6 7 2:00 PM City Council Meeting 8 9 10 11 12 13 14 10:00 AM CVAG 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM Public Safety- Mosquito Pena Energy/Envi- Perkins 12:00 PM CVAG Abate. -Perkins 7:00 PM Plan- 5:30 PM Invest- ment Advisory Sniff 7:00 PM Cultural Transp-Perkins 7:00 PM Commu- ning Commis- Board Arts Commission nity Services sion Meeting Commission 15 16 17 18 19 20 21 9:00 AM CVB- 3:30 PM Historic Henderson Preservation 2:00 PM City Commission Council Meeting 22 23 24 25 26 27 28 2:30 PM RCTC 7:00 PM Plan- 12:00 PM CVAG 9:00 AM Budget -Pena ning Commis- Human/Com- LAFCO- sion Meeting Adolph Henderson 4:00 PM DRRA Airp-Henderson 29 30 31 6:00 PM CVAG- Exec Com Pena eptem er Novem er S M T W T F S S M T W T F S ® 1 2 4 Daylight Savin- Halloween k","r 3 4 5 6 7 8 9 5 6 7 8 9 10 11 w gs Time Ends 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 19 20 21 22 23 24 25 24 25 26 27 28 29 30 26 27 28 29 30 r� Y J k Printed by Calendar Creator Plus on 8/8/2000 fay T�' DEPARTMENT REPORT: 4—Jul 4 44 Qt&& OF I1 9 TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety 'v . DATE: August 15, 2000 RE: Monthly Department Report - July 2000 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and business licenses for the month of July. The reports depict the following highlights: • Year to date building permit valuation is $190,186,523.50 which represents an issuance of 2,202 building permits through July; • 1,571 animal control cases have been handled through July; • 1,145 code compliance cases have been initiated through July; • 10 new licenses were issued to La Quinta based businesses in July. 354 O O Co O O O O O O O M O O (c O O 14:t CA N LO LO O O O O O O O t- O O It O O � r N O O O O O O O 0)O O M LO O (D N W Q CV) N N d N 00 N N Cl) It N N N r ,J IL r 0 J m 00 O O O O O O O O O M O O O O O O �-- L? O O O O O O O O O r1l: O O O O O O M a= 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z_ F- Ln O a m ' N O O LO O Ict Ln O co m N: N: I,-: O CM U? 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DEPARTMENT REPORT: (,O—A U� ~Y ti5 OF ft� TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MARNI KUNSMAN, RECREATION SUPERVISO^ VIA: DODIE HORVITZ, COMMUNITY SERVICES DIRECTO DATE: AUGUST 15, 2000 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF JULY 2000 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF SEPTEMBER 2000: Sept 1 *Legal Consultation Sept 2 La Quinta Summer Golf Tour, Sun City Palm Desert Sept 5 *New Creative Writing Class Sept 7 *Mexican Fiesta Luncheon Sept 8 *Positive Thinking to Stay Healthy, Seminar Sept 9 La Quinta Summer Golf Tour Awards Banquet, Macaroni Grill, Palm Desert Sept 11 *Putting Contest Sept 12 *Free Cholesterol, Glucose and Blood Pressure Testing Sept 12 *Financial Seminar Sept 16 Mastering Microsoft Excel, Computer Seminar, Boys & Girls Club Sept 16 Beach Train Excursion to Oceanside for Harbor Days Celebration Sept 17 Punt, Pass & Kick Competition, La Quinta Sports Complex Sept 18 *CPR Class Sept 18 Low Impact Aerobics, La Quinta High School Sept 19 *Hearing Aide Testing Senior Center Sept 19 Hatha Yoga Classes, La Quinta High School Sept 20 Beginning Ballroom Dance Lessons, La Quinta High School Sept 20 Intermediate Ballroom Dance Lessons, La Quinta High School Sept 20 Conversational Spanish Classes, Senior Center Sept 21 Art Blast After -school Program Sept 21 *Complimentary Ballroom Dance Classes Sept 21 *Healthy Cooking Class Sept 21 Watercolor Classes, Senior Center Art Room Sept 25 *Mature Driver's Course Sept 26 *Free Cholesterol, Glucose and Blood Pressure Testing * Senior Center Program, Class or Event 364 64 TW!t 4 4 Q" Community Services Department Attendance Report for the month of July 2000 Summary Sheet Program 2000 1999 Variance Meetings Per Month 2000 1999 Leisure Classes 241 87 154 21 14 Special Events 360 194 166 9 4 Adult Sports 704 671 59 4 3 Senior Center 1291 1175 116 84 80 Total 2596 2127 495 118 101 Senior Services Senior Center 725 626 99 16 13 Total 725 626 99 16 13 Sports Complex Use LQ Sports & Youth 450 500 -150 15 20 Total 450 500 -150 15 20 Total Programs 3771 32531 444 149 134 Volunteer Hours Senior Center 658 702 -44 Meals on Wheels 60 53 7 Total Volunteer Hours 718 755 -37 Monthly Revenue Senior Center $ 2,548.00 $ 2,156.00 $ 392.00 Community Services $ 4,296.00 $ 5,808.50 $ (1,512.50 Rental Income $ 1,009.00 $ 605.00 $ 404.00 Total Revenue $ 7,853.00 $ 8,569.50 $ 716.50) Revenue Year to Date Senior Center $ 2,548.00 $ 2,156.00 $ 392.00 Community Services $ 4,296.00 $ 5,808.50 $ (1,512.50) Rental Income $ 1,009.00 $ 605.00 $ 404.00 Total Revenue to Date $ 7,853.00 $ 8,569.50 $ (716.50) 365 OUP Community Services Program Report for July 2000 2000 2000 1999 1999 2000 1999 Participants Total Participation Participants Total Participation Variance Meetings Meetings Leisure Classes Beginning Yoga 17 51 0 0 51 3 0 Beg. Computers Mon. 9 27 10 30 -3 3 3 Beg. Computers Tues. 10 30 9 27 3 3 3 Int. Computers Wed. 9 27 6 24 3 3 3 Beg. Ballroom Dance 14 56 0 0 56 4 0 Microsoft Excell Class 10 10 6 6 4 4 1 Int. Ballroom Dance 10 40 0 0 40 1 4 Totals 79 2411 311 871 1541 21 1 14 2000 2000 1999 1999 2000 1999 Participants Total Participation Participants Total Participation Variance Meetings Meetings Special Events Newport Beach Trip 26 26 0 0 26 1 0 Golf Tour, Landmark 60 60 0 0 60 1 0 Golf Tour, LQ Resort 48 48 61 61 -13 1 1 Golf Tour, Heritage 57 57 45 45 12 1 1 Golf Tour, Pete Dye 41 41 44 44 -3 1 1 Golf Tour, Greg Norman 11 11 0 0 11 1 0 Golf Tour, Gary Player 49 49 44 44 5 1 1 Sawdust Festival 24 24 0 0 24 1 0 Beach Train Excursion 44 44 0 0 44 1 0 Totals 360 360 194 194 166 9 4 2000 2000 1999 1999 2000 1999 Participants Total Participation Participants Total Participation Variance Meetings Meetings Adult Sports Open Basketball M/T 64 64 77 77 13 8 8 Adult Soccer League 160 640 198 594 46 4 3 Totals 224 704 275 671 59 12 11 Recreation Totals 6631 1,3051 5001 9521 3791 421 29 Page 2 360 Senior Center Attendance 2000 2000 1999 1999 Registered Total Registered Total Meetings Participants Participation Participants Participation Variance 2000 1999 Senior Activities Bono's Mobile Office 6 6 0 0 6 1 0 Bridge, ACBL 94 94 148 148 -54 4 4 Bridge, Duplicate/Social 332 332 217 217 115 14 11 Excursion - Babes in Arms 39 39 35 35 4 1 1 Golden Tones 40 40 33 33 7 3 3 Ice Cream Social 55 55 50 50 5 5 5 Monthly Birthday Party 18 18 23 23 -5 1 1 Monthly Luncheon 52 52 70 70 -18 1 1 Movie Time 70 70 74 74 -4 81 5 Putting Contest 6 6 8 8 -2 1 1 Seminars 17 17 6 6 11 3 1 Television Viewing 26 26 33 33 -7 n/a n/a Senior Activity Total 755 755 697 697 58 42 33 Senior Leisure Courses Ballroom Dance 14 50 0 0 50 4 0 Ceramics 12 34 9 9 25 4 1 Computer 21 21 40 53 -32 4 17 CPR Class 7 7 0 0 7 11 0 Exercise 53 363 49 320 43 16 17 Healthy Cooking Class 5 5 13 13 -8 1 1 Senior Leisure Courses Total 112 480 111 395 85 30 36 Senior Leisure Classes Arts and Crafts 23 23 23 23 0 4 3 Painting 11 11 10 10 1 4 3 Quilting 22 22 50 50 -28 4 5 Senior Leisure Classes Total 56 56 83 83 -27 12 11 TOTAL SENIOR PROGRAMS 923 1291 891 1175 116 84 80 Senior Services A.A.R.P."55 Alive" 30 30 30 30 0 2 2 Ambassadors 55 55 64 64 -9 n/a n/a FIND Food Distribution 347 347 303 303 44 4 5 Health Screening 30 30 27 27 3 2 4 Homeowner/Renter Rebate 12 12 0 0 12 5 0 I. I. D. Assistance 23 23 0 0 23 5 0 Information/Referral/Outreach 214 214 195 195 19 n/a n/a Legal Consultation 8 8 0 0 8 1 0 Share Meetings/Sign-up 6 6 7 7 -1 2 2 TOTAL SENIOR SERVICES 725 725 626 626 99 21 13 SENIOR CENTER TOTAL 1648 2016 1517 1801 215 105 93 Page 3 3 6 T 004 DEPARTMENT REPORT: IZ-A U _ 9 OF 9ti TO: The Honorable Mayor and Members of the City Council FROM: Chris A. Vogt, Public Works Director/City Engineer DATE: August 15, 2000 RE: Public Works/Engineering Department Report for the Month of July 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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L6 o t a o mU) L � cU) c Y li ❑ m ; L 2 w U❑ m-= r W J Q 00 M to CD 't N 0 O r t 0 0 N N N N N N N N N N N N 0000000 000000000000 0 0 0 0 0 N ti iz: ti ti f` i:- iz: � r- f: f` f` 3 r '' 005 MONTHLY PROJECT STATUS SUMMARY Capital Improvement Projects F/Y 1999/2000 July 2000 Project Name/No. Contract Complete Complete Scheduled Amount last to Date Construction Month Start/Com letion 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 0% 98% Sept, 1999 April, 2000 to Village Ctn. 98-09 Award 6/22/99 Rondo Drainage Channel, 98-11 $165,106 0% 90% 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 5% 100% Sept 1999 Mar 2000 Improvements, Signals, 98-15 Award 9/7/99 Fritz Bums 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 IHWY1 Award 5/18/99 Jefferson Street Improvements $6,876,876 1% 8% April, 2000 March, 2001 11 to Ave 54, 99-05 Award 6/29/99 Tampico, Sinaloa & Ave 52 $346,211 5% 100% Jan. , 2000 March, 2000 3'l no T:\PDEPT\CIPDIV\MPSSMST_REPORT\2000\0007Mpsmst.wpd Revi, WW 911�������11111111111111111111111111�1�11111111 �I�I�I�I���11111�11111111�1�������������1111111 91111���III����I�Ii1i1iI�11111111111111111��ii�� 3111�����IIIII�I�I�Ii11111111111��111111����i�� ��I�IIIIIIIII��������iI�I�11111111111111�����i3� 91111���IIII�Ii����Iii1i1111111111111111�����ir�� �III�����IIIIIIIIIIIii111111111i1111�11111111��� �III������IIiI�111�1iIii11111111�I����1111111i�3 I�III!%;1111111�1;1;1;11�1�lIlli�tl;�•s�;�;lllil o mN [OE ........... ........ ..... .... . . .. . .... ....... .... .......... . . .......... .... ..... .. all ME .......... .. . .... .......... ....... . .... .... ... .... .... ........... . .... ........ ... .... .......... .... .. .. . ........ .......... ... .... .. ...... ..... .. . .... ... - . .......... ... . .. . . .... .... .......... . all 11111101 .......... . . ...... .. .. .... ... . . .... .. .. .... . . . ....... .. ... ... ....... ... ... ... .. .... .... .... .. . ...... .... .... ...... .... .... ... ......... ...... . .... ......... .. .......... . 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F- - U - 0 u z < < 0 0 () m c (.) 0 0 u 0 u < < < < < < 0 (.) <y u- 0 = 0 = 0 c U 6. 0 6 o J- E, t< o OE co -C =1 CL 0 ID E E 0 E :3 (uqj a. 0 0 CL (D .0 E E "i 2) E 4) (D > V-1 I'MI MC-L C-), 51 rcf) a� to 1 1 FLL 7L- .,CL) c 0 0 w E cu 16 A P- Department ~::port No. POLICE REPORT Inside this issue: July Significant Activity Report School Resource officer Reports for July June Crime Statistics Sum- mary La Quinta Target Team July Report Special points of interest from the Crime Statistic Summary: • All traffic -related statistics (excluding fatal accidents) are continuing to increase. • The high volume of traffic cita- tions during the month reflect the directed efforts of the Traf- fic Team to curb the upward trend of accidents and DUls. • Although still below YTD norms, vandalism stats indi- cate incidents are increasing. aUNE/DULY 2000 HNT — A valuable resource for saving lives in La Quinta Information is received that an armed robber is in a residence with possible hostages. The Emergency Services Team (EST) re- sponds to the location along with the Hostage Ne- gotiations Team (HNT). In order to make contact with the suspect, HNT contacts a neighbor and requests permission to use his driveway, phone line and power. Phone contact is made, and family mem- bers of the suspect exit the Indio Station HNT Depu- ties, Kenneth Black on left and Mike Bolton on right Indio Station HNT Deputy Timothy Brause residence. The suspect has already tion. Al- though not as exciting as some incidents, it is a real life example of the call outs re- ceived by this very special team. Indio Station Deputies, Black, Bolton, and Brause are part of a six person team serving the East end of River- side County. Team supervisor is Sgt. Mike Blackwood. Each team member goes through a testing process and once selected, they are sent to a series of training schools. Additional training is con- ducted quarterly and they re- spond on all EST calls. The East HNT Team has a La Quinta Police Teams Shift Personnel Deputy Aaron Eller has joined Deputy Price on the La Quinta Target Team Deputy Thomas Brewster, former team member, has been reassigned to fill the vacancy on the La Quinta Traffic Team created when Deputy Doyle transferred to Riverside. Eller, a former marine, has made quite a mark in dedicated vehicle used to transport the high tech com- munications equipment used in contacting hostages. Deputies are cross trained to handle each of the three position designations on an incident primary, backup, and intel and equipment. Coachella Valley Nar- cotics Task Force (CVNTF) conducts "Directed Patrol" in La Quinta La Quinta Officers were joined by the multi -agency task force Friday evening, July 28th as they conducted thirty probation and parole searches which re- sulted in twelve arrests. his profession during his short tenure (5 years). In addition to his demonstrated proactive interest in the community through volun- tary participation in many La Quinta programs, he is a member of the E.S.T. and a rangemaster for our station. 31( FF LA QUINTA POLICE DEPARTMENT Significant Incidents / Highlights July, 2000 CAI LS FOR SERVICE 07/01 (Sat) 50 07/17 (Mon) 50 07/02 (Sun) 45 07/18 (Tue) 59 07/03 (Mon) 58 07/19 (Wed) 42 07/04 (Tue) 44 07/20 (Thu) 42 07/05 (Wed) 34 07/21 (Fri) 43 07/06 (Thu) 41 07/22 (Sat) 52 07/07 (Fri) 39 07/23 (Sun) 43 07/08 (Sat) 41 07/24 (Mon) 41 07/09 (Sun) 48 07/25 (Tue) 35 07/10 (Mon) 44 07/26 (Wed) 84 07/11 (Tue) 33 07/27 (Thu) 46 07/12 (Wed) 34 07/28 (Fri) 51 07/13 (Thu) 45 07/29 (Sat) 07/14 (Fri) 42 07/30 (Sun) 07/15 (Sat) 32 07/31 (Mon) 07/16 (Sun) 33 TOTAL CALLS: 1271 (Averaging 44 calls per day for the reporting period) (Includes self -initiated activity and citations issued) SIGNIFICANT ACTIVITY 07/01 An assault was reported in the 51000 block of Ave. Mendoza. A juvenile was placed under citizens arrest. 07/02 A petty theft occurred at the Am/Pm. Two Hispanic males entered the store and fled with two 18- packs of beer, without paying. A 1999 Dodge truck was reported stolen from the cove area. A Coachella juvenile was arrested for burglarizing the La Quinta High School. The stolen property was recovered. A 33 year old Indio woman was arrested for shoplifting at Walmart. 07/03 A 40 year old La Quinta man was arrested for public intoxication. 07 04 A 25 year old male was arrested at Jefferson St. x S.R. 111 for DUI, resisting arrest and as an unlicensed driver. 1 3'" "' r, A 19 year old was arrested for a misdemeanor traffic violation warrant. 07 05 Nothing notable. 07 06 A residential burglary was reported in the 78000 block of Villeta. The suspect(s) broke a window next to the front door which enabled them to unlock the door. A child abuse report is under investigation on a 47 year old Colorado man who forced his 6 year old niece to watch pornographic videos. An injury traffic collision occurred at Washington Street x Calle Tampico. An elderly female suffered numerous internal injuries from the incident. 07107 A 36 year old homeless man was arrested at the scene of a DUI related traffic collision. 07108 A report of domestic violence occurred in the 54000 block of Ave. Vallejo. A 36 year old male battered his wife, causing traumatic injuries, and fled on foot. The male was found a short distance away by officers. The man again fled, pushed a second female as he ran through her yard, and resisted the officers when detained. 07 09 A 39 year old La Quinta man was arrested for DUI at Desert Club x Ave. 52. A 32 year old Indio man was arrested for DUI at Miles Ave. x Jefferson Street. 07/10 An automobile burglary occurred at Ave. Obregon x Calle Temecula. Two Indio residents, a 17 and 19 year old were arrested nearby after being identified by witnesses. A 46 year old woman was transported to Indio Mental Health after being contacted at Walmart. A forgery occurred at the Downey Savings Bank. A 21 year old male attempted to cash a stolen and forged check. He fled before officers arrived. A 44 year old Santa Ana man was arrested for possession of methamphetamine. 07/11 A non -injury traffic collision occurred at S.R. 11 I x Jefferson. PCF of unsafe speed. A 30 year old La Quinta man was arrested in the 51000 block of Ave. Velasco, as a felon in possession of a firearm. 07112 A non -injury traffic collision occurred at S.R. I I I x Jefferson. The PCF was determined as speeding. A minor injury traffic collision occurred at Fred Waring x Jefferson. PCF was turning against a red arrow. 07/13 A 20 year old Indio man and a 30 year old La Quinta man were both arrested at Washington Street x Ave. 52, for possessing (2) semi -automatic firearms. 2 3 7U A 17 year old La Quinta juvenile was arrested at Adams Street x Westward Ho for possessing a small amount of methamphetamine. Also arrested was a 30 year old male with an active parole violation warrant. 0 14 A felony arrest warrant was served at 46400 Dune Palms Road. Arrested was a 30 year old male with a grand theft warrant. The suspect is also being charged with re-entering the U.S. after deportation and has a very extensive criminal history. A non -injury traffic collision occurred at Blazing Star x Dune Palms. PCF of unsafe backing. A 28 year old Moreno Valley man was arrested for DUI at Miles Ave. x Dune Palms. A domestic violence was reported in the 51000 block of Ave. Martinez. Both parties were aggressors, both were taken into custody. The involved female also had an outstanding misdemeanor warrant. 07 A report of breaking and entering occurred at the Allstate Storage facility. Several storage units were found open and the locks cut. No property was reported missing. A 20 year old La Quinta man was arrested in the 52000 block of Ave. Alvarado for (2) felony warrants. One warrant was for possession of methamphetamine, the other for grand theft. Multiple burglaries were reported at the new construction model homes at PGA West/Montecito Collection. Home electronics and interior decorations were taken. 07 6 An auto -burglary was reported in the 79000 block of Ocotillo. Taken was a cellular phone. Three golf carts were stolen from the Rancho La Quinta community. Witnesses saw the carts being driven outside the country club. All three carts were recovered in the area of Washington Street x Bottlebrush. There are no suspects in this incident. 07/17 Nothing notable. 07 18 A 19 year old La Quinta male was arrested at Adams Street x S.R. 111 after attempting to purchase beer with a false identification card. 07 9 A non -injury traffic collision occurred at Calle Madrid x Ave. Ramirez. PCF - failure to yield right of way. A non -injury traffic collision occurred at Calle Tampico x Washington Street. PCF of unsafe speed. A felony assault with a deadly weapon warrant was served on a 26 year old Thermal man at La Fonda x Ave. Bermudas. A felony parole violation warrant was served on a 27 year old Thermal man at Stater Bros. A minor injury traffic collision occurred at S.R. 111 x Dune Palms Road. PCF of unsafe speed. 3 3(0 07 20 Nothing notable. 07 21 A 33 year old Coachella man was arrested in connection with a grand theft which occurred at Lowes Hardware. The man was also charged with a parole violation and is possibly a federal deportation violator. A 38 year old Coachella man, with gang affiliations, was arrested at Home Depot in possession of a stolen drill motor. He was also charged with a parole violation. A non -injury traffic collision occurred at Bighorn x Park Avenue. PCF of illegal passing. A 35 year old Cathedral City woman was arrested for DUI at Washington Street x Fred Waring Drive. 07/22 A 38 year old La Quinta man was arrested for DUI at Ave. 52 x Citrus. The man will also be charged with child endangerment. 07 23 Nothing notable. 07 4 Nothing notable 07 25 A La Quinta man was arrested as a parolee at large in the 78000 block of Alden Circle. He will also be charged with possession of heroin. 07 26 A 28 year old Indio man was arrested at Walmart for shoplifting. 07 7 Nothing notable. 07 28 A non -injury, hit & run, traffic collision occurred in the 52000 block of Ave. Martinez. PCF of unsafe backing. 4 330 Riverside County Sheriff's Department IN'Ionthly Report jL11Y ' 000 Deputy Ed,,vard Prig and Deputy Aaron Flier Assisting CVNTF on Directed Enforcement The following is a summary of the Target Team activities for the month of June. Ongoing investigations 6 Training hours Arrests/Filings 16 Illegal drugs seized Vehicle stops/checks 49 Business contacts 15 Total mileage: Investigation assists 7 Arrest warrants served 7 Arrest warrants attempted 10 Programs 2 Pedestrian checks 30 Crime prevention hours 2 Barchecks 4 Back-ups 15 Follow-ups 12 Search warrants 0 Probation searches 8 Parole searches 15 Consent searches 25 Meetings 3 Recovered stolen property $0 Citations 1 Surveillances 2 Property checks 3 Civil commitments 2 hrs Rievele time 0 hrc 776 3 hrs none 381 ARRESTS AND CRIMINAL FILINGS ➢ LQ resident arrested for attempted vehicle theft. ➢ Indio resident arrested for burglary at the Home Depot. ➢ Coachella resident arrested for grand theft at Lowes and for a parole violation. ➢ La Quinta resident arrested for attempted grand theft and parole violation. Charges for a federal deportation violation are pending. ➢ Indio resident arrested for (3) misdemeanor warrants. NOTEWORTHY ACCOMPLISHMENTS: ➢ The Target Team attended a follow-up Neighborhood Watch meeting at the Palm Royale Country Club. ➢ The Target Team attended the July Coachella Valley Narcotics Officers Association meeting and exchange information with other valley law enforcement agencies in regards to drug, gang and property theft activities. ➢ The Target Team hosted a meeting for the La Quinta Automobile dealerships, in order to address concerns the owners have in lieu of the recent thefts from new vehicles. The meeting was also to assist the dealers with information and security directed ideas to lessen the theft incidents. The meeting was set to be at the Indio Sheriffs Station, however, no participation was shown by the dealerships. ➢ The Target Team authored and conducted a surveillance operation at the Home Depot, in order to combat the theft problems occurring in the parking lot area. ➢ The Target Team served seven arrest warrants during the month for various crimes. ➢ The Target Team was able to locate and arrest a suspect involved in numerous auto burglaries and parole violations. The suspect is also facing charges of federal deportation violations. ➢ The Target Team arrested a parolee from Coachella in reference to a grand theft from the parking lot of Lowes. The suspect is also in violation of federal deportation laws and charges will be sought. ➢ The Target Team assisted patrol with an arrest at Home Depot of a parolee gang member. The suspect burglarized the store and gave false information to officers in order to hide his identity. ➢ The Target Team has begun working on a surveillance program in reference to the landscape lighting vandalism problems. The program will be drafted and planned for the beginning of the school year. 384- The Target Team assisted the Coachella Valley Narcotics Task Force, along with other allied law enforcement agencies, with a parole/probation and illegal activity sweep. During the sweep twelve arrests were made for various crimes which included, parole violation and drug charges. Prepared on 07/29/00 by Deputy E. Price #2273 Deputy A. Eller #2418 38% J CITY of LA QUINTA MONTHLYCHO RESOURCE OFFICER REPORT July 2000* SCHOOL: : LA QUINTA HIGH SCHOOL Deputy: Randall Wedertz City Contract Position "1 HIGHLIGHTS; During this reporting period, I arrested an adult male for trespassing. Subject was warned several times to stay off campus during summer school hours. I took one fight report. Both students were released to their parents. The case will be filed with Juvenile Probation. I assisted patrol with a vandalism occurring at Adams elementary school. I also made several vehicle stops on students after school -- no citations issued. DEP. R. WEDERTZ #2346 "Actual reporting period covers June 23, 2000 through June 17, 2000. No other School Resource Officer activity to report — Summer Vacation 384 CITY OF LA QUANTA JUNE CRIME COMPARISONS CRIME JUNE 2000 JUNE 1999 YTD (00) YTD (99) *HOMICIDE 0 0 0 0 *RAPE 0 0 11 2 SEX CRIMES (FEL) 4 2 9 13 SEX CRIMES (MISD) 1 2 11 6 ROBBERY 0 0 6 7 ASSAULT (FEL) 9 10 53 56 ASSAULT (MISD) 21 17 111 ill BURGLARY 35 32 191 169 *VEHICLE THEFT 13 10 51 58 *THEFT (FEL) 18 12 ill 78 THEFT (MISD) 20 27 201 158 VANDALISM (MISD) 35 26 191 219 DOM. VIOLENCE; 13 13 74 59 NARCOTICS 7 4 44 50 DUI 9 5 41 38 T/C NON -INJURY 30 20 261 178 T/C INJURY 4 4 29 25 T/C FATAL 0 0 2 1 TRAFFIC CITATIONS 332 252 1297 1523 * STATISTICS INCLUDE ATTEMPTS 386 z w C) wz o wa 0 J a p CL U QL � r U Z a Q J 0 LO 0 LO 0 LO 0 Lo 0 � M M N N � V- c W F W w m 9 U W 387 00 r- oo Y Y J C U) c'M LO CM O N O O 0 n o o t N N r- LL W LL W H W O m J a a W co ca W it U W in 5 38 W� 1-9 _ad Z- Q J OD V 380 O O O � N T— W W D ■ ❑ cy) N O O W 0 N O O N O N N r Ln O Ln O N N T r-- x w O w O r-A S 1'C= 7 J O °o x U) cr w O U H z w 0 N W- � O 3 3 D w U J 0 CL z a Q J O O c� W Z tW V U) w Q LL �t U- 0 z O 6d ) w 5/-�; fV C) O OD O rn N T- W W Z Z D 0 0 0 0 0 0 0 0 co d" N O 00 (D v N J U 9 39i O zC) N W W z � � W Qw W CO W � 0 w J U U J 0 z � Q a Q 0 Z � o Q� W J } F- LO cM! I LO ;N :M N 000 M 00 M; 00 d' ti r O 00 CO d' r N O J Q :.i z 0 z 399 z w C) O �t O N O N N N z U H z 0 z CO 0 a F- U LL U- 9 F- O O LO O to O Uf) O U) d' M M N N T- Tl- 39" CITY OF LA QUINTA DISPATCH INFORMATION / JUNE 2000 TYPE OF CALF RESPONSE TIME (MINUTES) NUMBER OF INCIDENTS CODE 1: ROUTINE 7 1061 CODE 3: EMERGENCY 2 1 394 T4'yl 4 4 Q" COUNCIL/RDA MEETING DATE: August 15, 2000 ITEM TITLE: Continued Public Hearing on General Plan Land Use Alternatives As deemed appropriate by the City Council. Ili24101-AlW610 None at this time. CHARTER CITY IMPLICATIONS None at this time. • �II:�9L AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The City Council, at its June 20, 2000, meeting held a continued Public Hearing on the General Plan Land Use Alternatives and to receive comments; and continued the General Plan Public Hearing (Attachment 1). The General Plan schedule for the balance of the work is anticipated as follows: Release Notice of Preparation (NOP) for Environmental Impact Report(EIR) .................September 1, 2000 End of NOP comment period...............................October 1, 2000 Public distribution for comments of Draft General Plan, Master Environmental Assessment (MEA), and EIR................................October 23, 2000 First Planning Commission Public Hearing..............December 12, 2000 Draft EIR comment period closed..........................December 25, 2000 395 GPU.8-15-2000 Second Planning Commission Hearing ...................January 9, 2001 Final EIR released..............................................January 15, 2001 First City Council Hearing....................................February 6, 2001 Attached are letters from Baxley Properties (Attachment 2) and, Charles Phyle Properties (Attachment 3) requesting consideration of General Plan Land Use changes. The alternatives available to the City Council include: 1 . Continue the Public Hearing on General Plan Land Use Alternatives to a date certain in September, 2000; or 2. Close the Public Hearing and direct staff to re -notice a new hearing at a later date; or 3. Provide staff with alternative direction. Respectfully submitted, Jerry a man Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. City Council Minutes for June 20,2000 2. Baxley Properties letter 3. Charles Phyle Properties letter Gut 39G GPU.8-15-2000 ATTACHMENT 1 City Council Minutes 15 June 20, 2000 It was moved by Council Members Perkins/Henderson to adopt Resolution No. 2000-72 as amended (adding to Condition No. 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 seven days"; adding to Condition No. U subsection "A" as follows: "The applicant agrees to be bound by any amendment to the City's Sign Ordinance"; modifying Condition No. 65 to remove "either by temporary mobile light poles", "wherever possible", and the last two sentences; and adding to Condition No. 69 following ...shall be submitted "within thirty days of approval of the Specific Plan for review and approval by the City Council". Motion carried with Council Member Adolph and Mayor Pena ABSENT. 2. CONTINUED PUBLIC HEARING ON GENERAL PLAN LAND USE ALTERNATIVES. Community Development Director Jerry Herman presented a brief staff report and recommended that this matter be continued to the meeting of August 15, 2000. The Mayor declared the PUBLIC HEARING OPEN at 8:12 p.m. There being no members of the public wishing to speak, Mayor Pena declared the PUBLIC HEARING CLOSED at 8:13 p.m. MOTION - It was moved by Council Members Sniff/Henderson to continue the public hearing on General Plan Land Use Alternatives to August 15, 2000. Motion carried unanimously. MINUTE ORDER NO. 2000-119. 3. PUBLIC HEARING ON LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, FISCAL YEAR 2000/2001. Public Works Director/City Engineer Chris Vogt introduced the staff report and advised that the number of dwelling units have increased over FY 1999/2000 by 265 units. In response to a question from Mayor Pro Tem Sniff, he advised the actual assessment per equivalent dwelling unit (EDU) has not changed from the previous year's rate of $35.60/EDU. The Mayor declared the PUBLIC HEARING OPEN at 8:13 p.m. There being no members of the public wishing to speak the PUBLIC HEARING WAS CLOSED by the Mayor at 8:16 p.m. 397 004 July 12, 2000 rBaxleyl Properties ATTACHMENT 2 Mr. Jerry Herman Community Development Director - CITY of LA QUINTA r Post Office Box 1504 La Quinta, CA 92253 RE: August 15' Meeting Suggested change to General Plan for 28.09 Acres on the SEC of Westward Ho & Dune Palms Road from LDR to HDR. APN's 649-04-001; 002; 003; 004; 005; 006; 007; 011; 012 013 and 014 Based on our meeting I respectfully request that the General Plan designation for the above -referenced parcels be changed from LDR (2-4DU/Ac) to HDR (12-16DU/Ac) and the zoning to be changed accordingly from Low Density Residential to High Density Residential. The requested change to the General Plan is based on the following rationale: 1. The parcels are adjacent to La Quinta High School as well as the proposed new school on the NEC of Wesward Ho and Dune Palms Road. 2. The existing density of the mobile home park on the NEC of Dune Palms Road and the Whitewater Channel is much higher than the existing General Plan designation of 2-4 units/acre. 3. The land is currently vacant or mostly vacant and is therefore suitable for a change. 4. A large depression exists on the eastern -most parcel of 7.7 Acres. 5. A change of density will promote the development of these parcels. Thank you for your consideration of this request. Please call me at (760) 773-3310 if I can be of help. Thank you. Sincerely, BAXLEY PROPERTIES A l� Vow" Bill Cover BC/sh 4.1.8.6.5 Enclosed: Exhibit A- Adjacent Land Uses BOARDWALK Exhibit B- Parcel Maps & Owners S U I T E- 2 0 6 PALM DESERT Exhibit C- Summary of Land Uses CALIFORNIA 9.2.2.1.1 n 760.773.301 3 398 www.baxleyproperties.com i 0 773-3310 ° J Exhibit A 07/12/00 Mr. Jerry Herman ADJACENT LAND USES Subject Proven z: Approximately Acres of mostly vacant land. APN's: Please refer to attached copy of General Plan. 1. Golf Driving Range 2. Proposed new school in La Quinta 3. La Quinta High School ' 4. Existing mobile home park 5. New Indian Springs development - 000 399 W cn w 0 W 2 o w CL a W W V U � ¢ O O ¢ � a aJ 7 a o a O0c N a e g v o U) aco) LU W O W .J .J y! Q a O ZUNI t r Z v O a W ri, W y W t�i� 0I3 4� gmU) �� � $ g c0 0 W �x 0 0 ci 1 0 0. W W a-1 o CO o a g m m W cW7 W Z z cc a U) v¢ OOmW>o wO O O=W z u o > z o cc ap oz 3 v 607400 W n C N W EXH to (T Q- C4 N � u • 0 .n �+ 0,3 w � pia In om0r Z. t� ° w C �A-m ac UAD A W 0 0 m Cd 0 cm C.) O0 c 3 0 0 a) Z-CO s L IS N N i _ u < < N'AN u N O < N M t = A w I - _- XRJ 0 an Iva- AM ti a� 3 � i u � o w .- E � N YY 9 401 008 ATTACHMENT 3 G H A R L E S P H Y L E R RtO P E R T I E S July 14, 2000 City of La Quinta K`v� 10"wi, Zoning Department,2� P. O. Box 1504 a La Quinta CA 92253 TM Attn: FRED BAKER Gentlemen: In connection with updating of La Quinta General Plan, please consider the following: Property owned by Charles Phyle (under Charles Phyle Properties) One - 5 acre parcel N.W. corner of Madison Avenue and 58th Street in La Quinta (adjacent to PGA properties) Current zoning: residential. We are asking this parcel to be rezoned to: commercial. We are considering a strip mall at this location. Thank you for your consideration to this matter. We look forward to hearing from you. Yours truly, WM. K. SCHMID General Manager 78-490 Calle Orense 564-6219 WKS/at C:\WS2000\DOCUMENT\AT\CITYBAKE ' T - - - - r� yi•�-Y ,,�.�.-�pww�p� �S.'�'�, y. yc a >.� � � �`.1 �` *- -�wc��' C�li� �I `4� t�,e 1 'Cn i �•J'l' L� G: .��9V L ��jt ,9J `.,`� �l ca�� 1,11W, THE ED FOR ASTESS1EWI waosEs alWf. NO LLABILITY SEC,21 1 .6$. R.%E T.R.A. 020-025 76� • 09 R rHF ACC w or fK MfA StIOIW. ASSCSSO9'S PAWL 1 wr Ipf mar WITH LMM Lm-SPLIT a 991L911q SITE MINUS, CITY OF LAVINI'A b20-o60 ts,n 120473 64 020-040 ♦ O I � a � O4 I I ` YI o+YIY I I I 1 I AVA ., n 10 • �.� ,N.0 � n � I H ' WY 11 " H PAR 1 PM 1 FM Xm rcw �w1uN N tCNR♦ YNn wN .FN YMN r vN ,1«+ FY 1 1 I ►M PAR7 I. aw Ir Y l e QI YYW, I,Y SSY■ Y = 19 I I 19 uo3w �I IJ v,Y+w V I I ,a.n n 417K uNN � I YNN I I iVENEIE _ A G/rY IJWf9 — wrA: fv'+QilaE' 11 n.n 10 PM 19171 PARCEL MAP NO 6377 ASRSSOR s MAP OK761 PC m PM 75/6546 PARCEL LAP NO 6634 :1 « Riverlid, C—ty, Uil, 99x Jul 1999 Y T4'1�t 4 w'*P Q" COUNCIL/RDA MEETING DATE: August 15, 2000 Public Hearing for Certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2000-399, Approval of Development Standards and Design Guidelines for Specific Plan 2000-047, Approval of Site Development Permit 2000-680, Conditional Use Permit 2000-050, and Parcel Map 29791 Applicant: JDD, LLC. - La Quinta Court RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: cj Adopt a Resolution of the City Council Certifying a Negative Declaration of Environmental Impact for Environmental Assessment 2000-399; Adopt a Resolution of the City Council approving Specific Plan 2000-047; Adopt a Resolution of the City Council approving Conditional Use Permit 2000-050; Adopt a Resolution of the City Council approving Tentative Parcel Map 29791; and Adopt a Resolution of the City Council approving Site Development Permit 2000-680. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The project site is currently vacant, and is located at the southeastern corner of the Washington Street/Highway 1 1 1 intersection. With the recent approval of the Point Happy Specific Plan, the proposed project is the last corner of this major intersection to be proposed for development. Land uses surrounding the proposed project are: to the north, the One Eleven La Quinta Shopping Center; to the east, Simon Motors; to 403 C:\My Documents\WPDOCS\ccjhnc-LQCourt.wpd the south, vacant land, designated for commercial development; and to the west, Washington Street and the Von's Shopping Center beyond. The site was originally part of the subdivision which resulted in the development of Simon Motors. Project Request In addition to the Environmental Assessment, the following describes the applications which have been filed by the project proponent as part of this request. First, a Specific Plan of Land Use, which will guide the design and implementation of all buildings and associated facilities on the site. Second, a Conditional Use Permit has been requested, to allow for golf cart and motorcycle sales at buildings two and/or four. Third, a Site Development Permit, which details the building architecture, landscaping and color palettes, and enables the applicant to proceed to building permits. Fourth and last, a Parcel Map, which merges what are currently six parcels into one. The Specific Plan and Site Development Permit propose the development of four freestanding buildings, primarily along the perimeter of the site. The anchor building (Building #1) is proposed for a restaurant and market/grocery store. Placed close to the property line at Washington Street and Highway 1 1 1, this building will make an important architectural statement at the intersection. The two northerly buildings (Buildings #1 and #2) essentially block the view of the parking lot from Highway 1 1 1. Two more buildings, one at the southeastern corner of the property, and one along the eastern property line, will house retail tenants. The Specific Plan establishes a total square footage of 54,385, with the ability to vary by four percent (up to 2,175 square feet more or less), as long as the parking requirements and other standards in the Specific Plan and Zoning Ordinance can be met. The four buildings, varying in size from 4,500 square feet to 28,000 square feet, are all proposed to be one story, with a maximum building height of 22 feet. A post - Modern architectural style is proposed, utilizing canted, staggered roof lines, anodized aluminum trellises, and slate wainscotting. Building #1, to be located at the "point" created by the Washington Street/Highway 111 intersection, will include a rotunda on the corner, and a plaza on the Washington Street side. Another plaza treatment is proposed on the west side of Building #2. Enhanced paving and trellis work are proposed to provide pedestrian access through the middle of the project. Anodized aluminum trellis work is proposed on all building frontages. Equipment located on building roofs will be screened. The site layout maximizes building exposure to Highway 1 1 1, and creates a centralized parking area. Landscaping for Highway 111 has been designed to conform to the Highway 111 design theme. This landscape plan will also include bollard lighting, as specified in the theme document. A broader landscape palette is proposed for the Washington Street and interior landscaping plan. The broader palette, however, is compatible and complementary to the Highway 111 design theme. 0040 C:\My Documents\WPDOCS\ccjhnc-LQCourt.wpd 400 Parking The parking areas for the proposed project provide 226 parking spaces, seven of which are stacking space for a drive -through window (coffee shop or similar, not fast food). Overall, this represents 469 square feet of floor area for each parking space. This total number of parking spaces will accommodate the cross over between retail business and restaurants. The proposed land uses are consistent with those allowed in the Regional Commercial Zone, with the addition of a Conditional Use Permit to allow golf cart sales within the center. Access to the project will be provided in three locations, as follows and as reflected in project site plan: 1 . Right -in, right -out access, located roughly in the middle of the northern property line, on Highway 111. 2. Right -in, right -out access, located roughly in the middle of the property, on Washington Street. 3. Full unsignalized access on Simon Drive, at the southeastern corner of the property. Planning Commission Review The Planning Commission held a Public Hearing for this item on July 25, 2000 (Attachment 1). At that Hearing, the Commission considered several issues, which are addressed below. Motorcycle Sales & Vehicle Service The applicant stated that motorcycle sales were no longer being considered as a land use on the proposed project site, and agreed to a condition of approval eliminating such land use from the site, based on Commission concerns regarding land use compatibility. The Commission was also concerned about the potential for golf cart service operations within the project, and its compatibility with the project. A condition of approval was added to prohibit vehicle service from the project site. Awnings The proposed project includes a number of black awnings, which were of concern to the Commission in terms of long term maintenance. A condition of approval was added to ensure maintenance of the awnings in "like new" condition. V0 C:\My Documents\WPDOCS\ccjhnc-LQCourt.wpd 407 Drive-Throughs Although the Specific Plan does not propose fast-food restaurants, the Commission was concerned that the drive -through provided in Building #3 could be used for such a purpose. A condition of approval was added to restrict drive -through uses to only banks or coffee shops. 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 2000-399; Adopt a Resolution of the City Council approving Specific Plan 2000-047, subject to the findings and Conditions of Approval; Adopt a Resolution of the City Council approving Conditional Use Permit 2000- 050, subject to the findings and Conditions of Approval; Adopt a Resolution of the City Council approving Tentative Parcel Map 29791, subject to the findings and Conditions of Approval; and Adopt a Resolution of the City Council approving Site Development Permit 2000-680, to the findings and Conditions of Approval. 2. Do not adopt the above Resolutions; or 3. Remand the applications to the Planning Commission for further consideration; or 4. Continue the request and provide staff with alternative direction. Respectfully submitted by, r HermVn munity Development Director 00 C:\My Documents\WPDOCS\ccjhnc-LQCourt.wpd �� Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Planning Commission Minutes of July 25, 2000 2. Specific Plan 2000-047 Document (Council only) 3. Site Development Permit 2000-680 Document (Council only) 4. Parcel Map 29791 (Council only) vU5 C:\My Documents\WPDOCS\ccjhnc-LQCourt.wpd 4 0 J' 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 2000-399 PREPARED FOR SPECIFIC PLAN 2000-047, CONDITIONAL USE PERMIT 2000- 050, SITE DEVELOPMENT PERMIT 2000-680 AND TENTATIVE PARCEL MAP 29791 ENVIRONMENTAL ASSESSMENT 2000-399 APPLICANT: JDD, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 15th day of August, 2000, hold a duly noticed Public Hearing to consider Environmental Assessment 2000-39 prepared for Specific Plan 00-047, Conditional Use Permit 2000-050, Site Development Permit 2000-680 and Tentative Parcel Map 29791, located at the southeastern corner of Highway 1 1 1 and Washington Street; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 25th day of July, 2000 hold a duly -noticed Public Hearing to consider Environmental Assessment 2000-399 prepared for Specific Plan 2000-047, Conditional Use Permit 2000-050, Site Development Permit 2000-680 and Tentative Parcel Map 29791, located at the southeastern corner of Highway 1 1 1 and Washington Street, more particularly described as follows: ASSESSOR'S PARCEL NUMBERS: 643-020-002, 643-020-003, 643-020-004, 643-020-005, 643-020-006, & 643-020 -007 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 2000-399) 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 2000-047, 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: C:\My Documents\WPDOCS\CCEAResoSPLQCrt.wpd 006 r 4-1v Resolution 2000- Environmental Assessment 2000-399 La Quinta Court The proposed Specific Plan 2000-047, Conditional Use Permit 2000-050, Site Development Permit 2000-680 and Tentative Parcel Map 29791 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 20 00-399. 2. The proposed Specific Plan 2000-047, Conditional Use Permit 2000-050, Site Development Permit 2000-680 and Tentative Parcel Map 29791 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. The proposed Specific Plan 2000-047, Conditional Use Permit 2000-050, Site Development Permit 2000-680 and Tentative Parcel Map 29791 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. 4. The proposed Specific Plan 2000-047, Conditional Use Permit 2000-050, Site Development Permit 2000-680 and Tentative Parcel Map 29791 will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity. 5. The proposed Specific Plan 2000-047, Conditional Use Permit 2000-050, Site Development Permit 2000-680 and Tentative Parcel Map 29791 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. 6. 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. 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. C:\My Documents\WPDOCS\CCEAResoSPLQCrt.wpd 007 411 Resolution 2000- Environmental Assessment 2000-399 La Quinta Court 2. That it does hereby certify Environmental Assessment 2000-399 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 15th day of August, 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: M. KATHERINE JENSON, City Attorney City of La Quinta, California C:\My Documents\WPDOCS\CCEAResoSPLQCrt.wpd 008 41 Environmental Checklist Form 1 . Project Title: Specific Plan 2000-047, Conditional use Permit 2000-050, Parcel Map 29791, Site Development Permit 2000-680 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 lorio, 760-777-7125 4. Project Location: Southeastern corner of Highway 1 1 1 and Washington Street. 5. Project Sponsor's Name and Address: JDD, LLC c/o G. J. Murphy Construction P. 0. Box 1 124 Palm Desert, CA 92261 6. General Plan Designation: Regional Commercial, Non -Residential Overlay 7. Zoning: Regional Commercial 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 a 54,000 retail shopping center on 5.65 acres. Plans call for four separate buildings. Conditional Use Permit will allow motorcycle and golf cart sales on the site. Parcel Map will eliminate previously subdivided parcels which underlie the site. The Site Development Permit includes the submittal of development plans for the proposed center. 9. Surrounding Lane Uses and Setting: Briefly describe the project's surroundings. North: Regional Commercial/Shopping Center South: Vacant East: Simon Motors West: Washington Street, Shopping Center 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District i)09 C:\My Documents\WPDOCS\EACKLSTLQC399.WPD 413 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 HMandatory 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. Signature Printed Name 0J !"I FEW Date CITY OF LA QUINTA 41,1 For U 10 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 415 Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: 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) 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: 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) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X Ill X X X KI X 410 ,012 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? (General Plan FEIR, p. 4-67 ff.) 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? (General Plan FEIR, p. 4-67 ff.) 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? (General Plan FEIR, p. 4-67 ff.) 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? (General Plan FEIR, p. 4-67 ff.) 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) 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? (General Plan FEIR, p. 4-78 ff.) X KI X X X X X X X X 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)? (General Plan FEIR, p. 4-78 ff.) 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? (General Plan FEIR, p. 4-78 ff.) 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 4-39) 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? (General Plan FEIR, p. 4-34 ff.) 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? (General Plan FEIR, P. 4-34 ff.) 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? (General Plan FEIR, p. 4-34 ff.) 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) KI M KI X X X X X X X X 4131 u114 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 6-1 1) 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) 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) 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.) X X X X X X X X X X 419 U15 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? (General Plan EIR, page 4- 57 ff.) 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? (General Plan EIR, p. 4-57 ff.) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (General Plan EIR, page 4-57 ff.) 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? (Aerial Photo) 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 2-1 1) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment 5-5) X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment 5-29) 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) XI. NOISE: Would the project result in: X X X X X X X 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? X (General Plan EIR, page 4-157 ff.) Aloo ti u16 b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (General Plan EIR, page 4-157 ff.) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR, page 4-157 ff.) 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 land use map) XII. 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? (Aerial Photo) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Aerial Photo) XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, page 4-3 ff. ) Police protection? (General Plan MEA, page 4-3 ff. ) Schools? (General Plan MEA, page 4-9 ff. ) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, page 4-14 ff. 1 XIV. RECREATION: X FN X X X X X X X X X 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) X 4r C:\My Documents\WPDOCS\EACKLSTLQC399.WPD 017 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? X (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)? (General Plan EIR, page 4-126 ff.) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, page 4-126 ff.) 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? (General Plan EIR, page 4-126 ff.) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Specific Plan and SDP site plan) 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) ? (General Plan EIR, page 4-126 ff.) XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, page 4-24 ) 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) X X X X X X X K4 KI Q X C:\My Documents\WPDOCS\EACKLSTLQC399.WPD 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 ANALYSIS. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a) Earlier analyses used. Identify earlier analyses and state where they are available for review. The General Plan EIR and MEA were used in analysing this site. 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. X X /A K9 X 4 :' 3 C:\My Documents\WPDOCS\EACKLSTLQC399.WPD 019 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. SOURCES: Master Environmental Assessment, City of La Quinta General Plan 1992. General Plan Environmental Impact Report, 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 u 0424 C:\My Documents\WPDOCS\EACKLSTLQC399.WPD Addendum to Environmental Checklist, EA 2000-399 a) & c) Both Highway 1 1 1 and Washington Street are designated Primary Image Corridors in the City's General Plan. This designation ensures that special setback standards and landscaping are included in project development. In addition, the City has adopted specific standards for the Highway 1 1 1 corridor. The Specific Plan and Site Development Permit have incorporated these standards, and the landscape palette of the Highway 1 1 1 design theme. This will ensure that the impacts to visual resources are reduced to a less than significant level. I.d) The project site is currently vacant desert land. The project is surrounded on three sides by intense commercial development, and the intersection of Washington Street and Highway 1 1 1. The site is therefore already impacted by lighting on surrounding developments. The proposed lighting on the project site will be conditioned to conform to City standards, and will primarily occur on the interior of the site, since the buildings ring the perimeter. The site's lighting impacts are not expected to be significant. Ill.c) The proposed project is consistent with the Regional Commercial land use designation assigned to the site. As such, land uses were analysed as part of the General Plan EIR. The proposed project will create 54,000 square feet of retail commercial land uses on the site. Based on the land uses proposed, the project can be expected to generate approximately 2,196 trips per day'. Based on this, as shown in the Table below, the project will not exceed any SCAQMD thresholds. Running Exhaust Emissions (pounds/day) PM10 PM10 PM10 CO ROC NOx Exhaust Brakes Tires 50 mph 56.72 2.18 11.6 0.0 0.24 0.24 3 Daily Threshold* 550 75 100 150 Based on 2,196 trips/day and average trip length of 5.0 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. 4v Institute of Traffic Engineers, Trips Generation Handbook, 6th Edition, for Specialty Retail Center. C:\My Documents\WPDOCS\EAADDLQC399.WPD 1 021. 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 review and approval. 2. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 3. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 4. Construction personnel shall be informed of ride sharing and transit opportunities. 5. Cut and fill quantities will be balanced on site. 6. 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. 7. 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. 8. 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. 9. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. 10. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction - related dirt on approach routes to the site. 11. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 12. All buildings on the project site shall conform to energy use guidelines in Title 4 2 24 of the California Administrative Code. u22 CAMy Documents\WPDOCS\EAADDLQC399.WPD 2 13. The project shall provide for non -motorized transportation facilities and shall implement all feasible measures to encourage the use of alternate transportation measures. 14. 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. 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 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. IV.a) The site has been previously graded, and is surrounded on all sides by either roadways or existing development. As such, it does not represent quality habitat, and is unlikely to support significant numbers of species. The project occurs within the boundaries of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. The project proponent will be required to pay the mandated $100 fee per acre prior to development at the site. This mitigation measure will reduce impacts to biological resources to a level of insignificance. V.b)&d) An archaeological resource analysis was conducted for the proposed project'. The property has been studied on three occasions in the past. As previously stated, the site has been previously graded, and therefore significantly impacted. The project area lies in an area where significant archaeological resources have been located in the past. The archaeological resource analysis therefore recommends the following mitigation measure: 1. An archaeological monitor shall be present during all grading and trenching activities on the site. The monitor shall be empowered to temporarily halt or redirect earthmoving activities should any cultural resources be encountered. Upon discovery of a cultural resource, work should stop in the vicinity of the find, and a plan for its evaluation and treatment should be developed in consultation with the Community Development Department. 427 2 Archaeological Advisory Group, April, 2000 023 C:\My Documents\WPDOCS\EAADDLQC399.WPD 3 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. 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 soils on the site are loose silty sand, which has the potential to shift in a seismic event. The City Engineer will require the preparation of site -specific soils analysis in conjunction with the submittal of grading plans (please see below). This requirement will ensure that impacts from ground failure are reduced to a less than significant level. VI. b) & c) The site is located in a blowsand hazard area. 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. VIII. a) The proposed project will be required to retain the 100 year, 24 hour storm on - site. This requirement includes the installation of "water cleaning" devices when necessary to ensure that no contaminants are introduced into the storm water system. This requirement will reduce the potential for violation of a water quality standard to a less than significant level. VIII. b) Although the proposed project will utilize water for irrigation and operations, the potential impacts are expected to be less than significant. 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 commercial activity on the site will require smaller quantities of water than a residential or 4 2.8 resort commercial land use, and will therefore lower the impacts to the aquifer. C:\My Documents\WPDOCS\EAADDLQC399.WPD 4 >J. A Vill. c), d) & e) Any development proposal reduces the amount of natural terrain available for percolation, and changes drainage patterns. Construction of structures and parking lots will reduce the amount of land available for absorption of water into the ground, and has the potential to increase surface runoff. The proposed project will direct surface runoff to drop inlets to be connected to an existing catch basin in Washington Street, which directs flows to the Whitewater Channel. The City Engineer will impose conditions of approval to ensure that any drainage is properly treated, if needed, and that adequate capacity exists in the City's system to accommodate the proposed project. No significant impact is expected. XI. a), b) & c) The Highway 1 1 1 corridor is an impacted noise area. Noise levels along this roadway exceed the City standard of 60 dBA CNEL level currently. All new development of sensitive receptors is required to mitigate to the City's standards for noise, as required in the General Plan (Table EH-1). The Specific Plan does not call out any sensitive receptors as definite land uses for the site. The commercial and industrial land uses proposed will be required to construct to City standards to attenuate interior noise. Should a sensitive receptor be proposed, the following mitigation measure shall be implemented: 1. A use -specific noise study will be required by the City if a sensitive receptor is proposed for location within the Specific Plan project area, and within the 60 dBA CNEL noise contour. The study shall include mitigation measures, as needed, to lower the noise levels to within the City standards in place at the time the use is proposed. XII. a) This mitigation requirement reduces the impact of noise to a level of insignificance. The proposed project may indirectly induce growth, insofar as any City's amenities and commercial opportunities influence a homebuyer's decision to purchase. The housing market in the City is currently strong, and provides for a variety of housing opportunities for all income levels. The potential impact is not expected to be significant. XIII. a) The construction of the proposed project will result in short-term potential impacts for both police and fire services. The property, once developed, will generate sales and use tax and property tax. These taxes will contribute to the City's General Fund, and off -set the potential impact to police and fire service. All development has an impact on governmental facilities and services. The project proponent will be required to participate in the City's Impact Fee Program, which helps to offset roadway improvements. In addition, the 4 revenues generated by the site will result in sales tax for the City, which will C:\My Documents\WPDOCS\EAADDLQC399.WPD 5 025 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) & b) The Highway 111 /Washington Street intersection was identified in the General Plan EIR as an impacted intersection. In response to this impact, the City has studies the intersection, and determined that a number of improvements were necessary, including widening, which has been completed, and the addition of super -critical intersection improvements. The project proponent will be required to participate in this improvement, which will add a free -right turn lane at the corner of the property. The land uses planned for the proposed project are typical of those considered in the General Plan land use designation of Regional Commercial, and have therefore been previously analysed in the General Plan EIR and MEA. The project will not create any impact above those already considered and mitigated under the General Plan review. XVI. f) The construction of the proposed project will have a limited impact on solid waste disposal. However, the operators of the businesses within the center, once constructed, will be required to participate in the City's AB 939 programs; which are designed to reduce the impacts to landfills. The overall impacts of the project on these services is not expected to be significant. 43 CAMy Documents\WPDOCS\EAADDLQC399.WPD 6 026 DATE: August 15 2000 CITY OF LA QUINTA MONITORING PROGRAM FOR CEQA COMPLIANCE ASSESSORS PARCEL NO.: CASE NO.: Specific Plan 2000-047, Parcel PROJECT LOCATION: Map 29791, Site Development Permit 2000-680 and Conditional Use Permit 2000-050 EA/EIR NO: 2000-399 APPROVAL DATE: APPLICANT: JDD, LLC 643-020-002, 643-020-003, 643-020-004, 643-020-005, 643-020-006, & 643-020 -007 Southeast corner of Highway 111 and Washington Street In Process THE FOLLOWING REPRESENTS THE CITY'S MITIGATION MONITORING PROGRAM IN CONNECTION WITH THE MITIGATED NEGATIVE DECLARATION FOR THE ABOVE CASE NUMBER SUMMARY MITIGATION RESPONSIBLE FOR TIMING CRITERIA COMPLIANCE DATE MEASURES MONITORING CHECKED BY I. AESTHETICS Less Than Significant Impact: a), c) & d); No Impact: b) OBJECTIVE: Ensure preservation of Primary Image Corridor. Reduce light and glare. MEASURE: All landscaping to conform to City Building Department, Prior to issuance of grading Zoning Ordinance standards. Community Development permits All lighting to meet City standards. Department Angle lighting downward. PACE W P2000-042.wpd SUMMARY MITIGATION MEASURES RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY DATE II. AGRICULTURAL RESOURCES No Impact: a), b) & c) OBJECTIVE: MEASURE: None required P:\CEQA-SP20"42.wpd 00 t SUMMARY MITIGATION MEASURES RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY DATE III. AIR QUALITY Potentially Significant Impact: c) No Impact: a), b), d) & e) OBJECTIVE: Maintain air quality and reduce potential impacts. MEASURE: Prepare a PM10 Management Plan. Provide alternative transportation. City Engineer, Community Development Department Community Development Department Prior to issuance of grading permits. Prior to issuance of grading permits. Chapter 6.16, LQMC Zoning Ordinance. P ACEQA-SP2000-042. wpd (-Z-) w to w SUMMARY MITIGATION MEASURES RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY DATE IV. BIOLOGICAL RESOURCES Less Than Significant Impact: a) No Impact: b), c) d),e) & f) OBJECTIVE: Protect species of concern. MEASURE: Comply with the Coachella Valley Fringe- toed Lizard HCP via payment of fee. Community Development & Public Works Department. Prior to issuance of grading permit. CV Fringe -toed Lizard HCP PACEQA-SP3"-042.wpd .--- �_ W W SUMMARY MITIGATION MEASURES RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY DATE V. CULTURAL RESOURCES Potential Significant Impact: b) Less Than Significant Impact: d) No Impact: a), c) OBJECTIVE: Protect historical and archaeological resources. MEASURE: Archaeological monitor to be on -site for any grubbing or earth moving activity. Community Development and Public Works Departments. During earth moving. City standards for archaeological resource analysis. P ACEQA-SP2000-042.wpd C.v W u CJ'1 SUMMARY MITIGATION RESPONSIBLE FOR TIMING CRITERIA COMPLIANCE DATE MEASURES MONITORING CHECKED BY VI. GEOLOGY AND SOILS Potentially Significant Impact: a) ii, b) & c) (ground shaking, erosion, unstable soils) Less Than Significant Impact: a) i, iii & iv, & d) (fault rupture, ground failure, landslides) No Impact: a) iv, d) & e) OBJECTIVE: Protect people and structures from significant ground shaking. MEASURE: Comply with all City standards for City Engineer, Building Prior to the issuance of Site specific soil study. seismic construction. Department. grading and building plans. UBC PACEQA-SP2000-042.wpd C _n W ,W� IJ � SUMMARY MITIGATION MEASURES RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY DATE VIL HAZARDS & HAZARDOUS MATERIALS No Impact: a) - h) OBJECTIVE: Protect against hazards and hazardous materials. MEASURE: None. PX,EQA-SP2AU&-042.wpd SUMMARY MITIGATION RESPONSIBLE FOR TIMING CRITERIA COMPLIANCE DATE MEASURES MONITORING CHECKED BY VIII. HYDROLOGY/WATER QUALITY Less Than Significant Impact: a), b), c) d) & e) No Impact: f) & g) OBJECTIVE: Preserve water quality and quantity. MEASURE: Prepare storm water management plan. City Engineer Prior to the issuance of LQMC building permits. Maintain storm water facilities. Public Works Department On -going. Connect to City drainage facilities. City Engineer, Public Works Prior to occupancy ► lb LU�EQA-S 7W0 0-042.wpd W F� SUMMARY MITIGATION MEASURES RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY DATE IX. LAND USE AND PLANNING No Impact: a), b) & c) OBJECTIVE: Protect neighborhoods and prevent conflicting land uses. MEASURE: None. C' W P:\CEQA-W000-042.wpd W co SUMMARY MITIGATION MEASURES RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY DATE X. MINERAL RESOURCES No Impact: a) & b) OBJECTIVE: MEASURE: None required C-` W P:\CEQA-SP2000-042.wpd Fi�+s SUMMARY MITIGATION MEASURES RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY DATE XI. NOISE Potentially Significant Impact: a) Less Than Significant Impact: b) & c) No impact: d) & e) OBJECTIVE: Preserve the City's noise standards. MEASURE: Prepare noise study if sensitive receptor is proposed for the site. Community Development Department Prior to issuance of building permit. Zoning Ordinance. C� W PACEQA-SP20Q,jA&42.wpd F� SUMMARY MITIGATION MEASURES RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY DATE XII. POPULATION AND HOUSING Less Than Significant Impact: a) No Impact: b) & c) OBJECTIVE: Preserve balanced growth. MEASURE: None required. C' W P:\CEQA-SP2%W42.wpd SUMMARY MITIGATION MEASURES RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY DATE XIII. PUBLIC SERVICES Less Than Significant Impact: Fire, Police, Schools, Other facilities. No Impact: Schools, Parks. OBJECTIVE: Sufficient public services to accommodate development. MEASURE: Pay impact fee. Community Development & Building Departments. Prior to issuance of any permit. Site plans. C' co co PACEQA-SP200W2.wpd W SUMMARY MITIGATION MEASURES RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY DATE XIV. RECREATION No Impact. OBJECTIVE: Limit impacts to local public parks and recreation facilities. MEASURE: None. C` d PACEQA-SP2000kAkwpd SUMMARY MITIGATION MEASURES RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY DATE XV. TRANSPORTATION Less Than Significant Impact: a) & b) No Impact: c) - g) OBJECTIVE: Traffic flow meeting City standards. MEASURE: Improvements to meet City standards. City Engineer Prior to issuance of grading permits. Improvement Plans. C P:\CEQA-SP2000-pd C)i SUMMARY MITIGATION MEASURES RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY DATE XVI. UTILITIES & SERVICE SYSTEMS Less Than Significant Impact: fl No Impact: a), b), c), d) & e) OBJECTIVE: Adequate utilities and public services. MEASURE: None. C iV P:\CEQA-SP2002.wpd RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 00- 047, TO ALLOW THE DEVELOPMENT OF A 54,000 ± SQUARE FOOT SHOPPING CENTER AT THE SOUTHEAST CORNER OF HIGHWAY 111 AND WASHINGTON STREET CASE NO.: SPECIFIC PLAN 2000-047 APPLICANT: JDD, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 15th day of August, 2000, hold a duly noticed Public Hearing to consider the request of JDD, LLC for review of a Specific Plan to allow the development of a 54,000 square foot retail commercial center located at the southeastern corner of Highway 1 1 1 and Washington Street, and more particularly described as: Assessor's Parcel Numbers: 643-020-002, 643-020-003, 643-020-004, 643-020-005, 643-020-006, & 643-020 -007 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 25th day of July, 2000, hold a duly noticed Public Hearing for Specific Plan 2000-047, and recommended approval under Resolutions 2000-045, 2000-046, 2000-047, 2000-048 and 2000-049; 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 00-399) 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 00-047, 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 2000-047: Finding Number 1 - Consistency with General Plan/Zoning Code 1 . 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 the development of a regional commercial shopping center, as conditioned. The C:\My Documents\WPDOCS\CCRESOLQCrt.WPD 4 a` 043 Resolution 2000- Specific Plan 2000-047 La Quinta Court proposal also furthers the goals and objectives of the Circulation Element, insofar as its implementation will cause the intersection to be further improved and to allow a smooth flow of traffic. 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 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 00-399). In this case, project mitigation includes measures to reduce air quality impacts, archaeological monitoring, and 100 year flood control. 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. 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. 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. 448 CAMy Documents\WPDOCS\CCRESOLQCrt.WPD 044 Resolution 2000- Specific Plan 2000-047 La Quinta Court 2. That it does hereby require compliance with those mitigation measures required in EA 2000-399. 3. That it does approve Specific Plan 00-047 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 15th of August, 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: M. KATHERINE JENSON, City Attorney City of La Quinta, California 44 C:\My Documents\WPDOCS\CCRESOLQCrt.WPD U ` 5 450 CITY COUNCIL RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED LA QUINTA COURT - JDD, LLC SPECIFIC PLAN 2000-047 AUGUST 15, 2000 GENERAL 1. Upon conditional 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. 451 C:\My Documents\WPDOCS\COALQCSP047.WPD 1 046 Conditions of Approval Specific Plan 2000-047 La Quinta Court - JDD, LLC August 15, 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 Infrastructure Fee Program and Development Impact Fee program in effect at the time of final map approval. PROPERTY RIGHTS 6. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. 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. 7. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 8. Right of way dedications required of this development include: PUBLIC STREETS A. Washington Street - additional variable width (21'-31') as required to implement the "Ultimate Study" street alignment configuration plan dated 3/09/94. An additional variable width (0-8') shall be dedicated as required if the left turn only lane at Simon Drive is approved. 9. 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. 10. 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. 4 J 2 ti C:\My Documents\WPDOCS\COALQCSP047.WPD 2 047 Conditions of Approval Specific Plan 2000-047 La Quinta Court - JDD, LLC August 15, 2000 11. 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. 12. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): Washington Street - 20-feet. State Highway 1 1 1 - 50-feet. Simon Drive - 10-feet. The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 13. 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. 14. 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 and Site Development Permit. 15. 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. 16. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 17. 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 4 J . Engineer. 043 C:\My Documents\WPDOCS\COALQCSP047.WPD 3 Conditions of Approval Specific Plan 2000-047 La Quinta Court - JDD, LLC August 15, 2000 FINAL MAP(S) AND PARCEL MAP(S) 18. 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. 19. 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. 20. 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. 21. 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 45' 049 C:\My Documents\WPDOCS\COALQCSP047.WPD 4 Conditions of Approval Specific Plan 2000-047 La Quinta Court - JDD, LLC August 15, 2000 may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 22. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to construct additional improvements subject to reimbursement by others, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City, the Applicant shall, at the time of approval of a map or other development or building permit, reimburse the City for the cost of those improvements. 23. 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. 24. 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. 455 050 C:\My Documents\WPDOCS\COALQCSP047.WPD 5 Conditions of Approval Specific Plan 2000-047 La Quinta Court - JDD, LLC August 15, 2000 25. 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. 26. 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 occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 27. 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 28. 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. 29. 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. 30. 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 450 with the provisions of the permit. u51. C:\My Documents\WPDOCS\COALQCSP047.WPD 6 Conditions of Approval Specific Plan 2000-047 La Quinta Court - JDD, LLC August 15, 2000 31. 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. 32. Prior to issuance of any improvement after rough grading is complete, 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: 33. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be handled as follows: A. The tributary drainage area shall extend to the centerline of adjacent public streets. B. Developer shall discharge storm water from on -site, and off -site tributary area assigned to the development site, into existing storm drain located in Washington Street. Developer shall pay a prorated share of cost to design and install the storm drain. The prorated share shall be calculated on the basis of tributary area contributed by the subject development relative to the tributary area served by the storm drain. C. The applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge into the Coachella Valley Stormwater Channel 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 4 5 use. The form of the indemnification shall be acceptable to the City Attorney. 052 C:\My Documents\WPDOCS\COALQCSP047.WPD 7 Conditions of Approval Specific Plan 2000-047 La Quinta Court - JDD, LLC August 15, 2000 UTILITIES 34. 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. 35. 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. 36. 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 37. 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.) OFF -SITE STREETS Washington Street - Widen and reconstruct street to implement "Ultimate Study" street alignment configuration plan dated 3/09/94. Reconstruction shall include removal and reconstruction of: landscaped median island; existing pavement as needed east of the west AC curb of the existing median; curb, gutter and 8-foot wide meandering sidewalk; and traffic signal and striping modifications and revisions as needed to implement the new street configuration. Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and 4 5 3 sidewalks. C:\My Documents\WPDOCS\COALQCSP047.WPD 8 - 1 053 Conditions of Approval Specific Plan 2000-047 La Quinta Court - JDD, LLC August 15, 2000 38. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 39. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 40. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge or rolled curb design is approved, the lip at the flowline shall be vertical (1 /8" batter) and a minimum of 0.1' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 41. Parking lot design shall conform with the City's Off -Street Parking Ordinance as delineated in Chapter 9.15 of the LQMC. 42. 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. 43. The City will conduct final inspections of buildings only when the on -site parking lot improvements are completed. 44. General access points and turning movements of traffic are limited to the following: A. Washington Street and on -site driveway shall be limited to right -turn movements only. B. Washington Street and Simon Drive shall be limited to right -turn movements only along with eastbound access to Simon Drive from southbound Washington Street. No access from westbound Simon Drive 450 to southbound Washington Street will be allowed. U54 C:\My Documents\WPDOCS\COALQCSP047.WPD 9 Conditions of Approval Specific Plan 2000-047 La Quinta Court - JDD, LLC August 15, 2000 C. Simon Drive and on -site driveway will allow full turning movements. D. Highway 111 and on -site driveway shall be limited to right -turn movements only. LANDSCAPING 45. The applicant shall provide landscaping in required setbacks and common lots. 46. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 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. 47. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 48. An 8-foot sidewalk shall be constructed along Washington Street, and along Highway 111. The sidewalk shall meander within the Right -of -Way and setback. PUBLIC SERVICES 49. The applicant shall provide public transit improvements as required by CalTrans and Sunline Transit and approved by the City Engineer. Improvements shall include a bus turnout location and passenger waiting shelter along Highway 1 1 1. The shelter shall be the City adopted standard for Highway 1 1 1. QUALITY ASSURANCE 50. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 460 055 C:\My Documents\WPDOCS\COALQCSP047.WPD 10 Conditions of Approval Specific Plan 2000-047 La Quinta Court - JDD, LLC August 15, 2000 51. 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. 52. 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. 53. 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 54. 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 55. 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 CONDITIONS 56. Prior to issuance of a grading permit, the applicant shall submit an irrigation plan for all landscaping on the site, for review and approval by the Community Development Department. The plans shall also include hardscape details including special pavement treatments. All plans shall be consistent with the adopted Specific Plan. 57. The project proponent will participate, as required by the Municipal Code, in the 4 6 Art in Public Places program. - u56 C:\My Documents\WPDOCS\COALQCSP047.WPD 11 Conditions of Approval Specific Plan 2000-047 La Quinta Court - MD, LLC August 15, 2000 58. The Specific Plan, page 5, third paragraph, first line, shall be amended to read "226 parking stalls." 59. Fast food restaurants with drive-throughs shall be prohibited land use on the proposed site. 60. Any outdoor sales or display areas proposed for a golf cart location shall require Community Development Director approval. The plan shall demonstrates how the outdoor sales or display area will be integrated into the site design. The site plan shall be amended to clearly show all outside display areas. Such display areas shall be limited to Buildings 2 and 4. 61. Should any area to be utilized for outdoor sales or display reduce the number of parking spaces shown within Specific Plan 2000-047, the application shall demonstrate how the loss of these parking space(s) has been mitigated. 62. Prior to the issuance of building permits, the applicant shall provide a site plan which locates bicycle racks throughout the project, in compliance with City standards. 63. The project proponent shall implement all mitigation measures listed in Environmental Assessment 2000-399. 64. All awnings shall be maintained in a "like new" condition at all times. 65. The Specific Plan shall be amended to eliminate all references to "automotive" and "motorcycle sales". 66. No vehicle service facilities or uses shall be permitted on the project site. 67. The drive -through facility depicted at Building 3 shall be restricted to coffee sales or banking only. COACHELLA VALLEY WATER DISTRICT 68. The applicant shall meet requirements of the District for the installation of domestic water lines to serve the proposed project. 69. Any restaurant proposed for the proposed site shall install grease interceptors, including a sample box, sanitary tee and running tap with cleanout to CVWD standards. 46.. 057 C:\My Documents\WPDOCS\COALQCSP047.WPD 12 Conditions of Approval Specific Plan 2000-047 La Quinta Court - MD, LLC August 15, 2000 70. Plans for grading, landscaping and irrigation systems shall be submitted to the District for review for the purpose of efficient water management. FIRE DEPARTMENT 71. All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the appropriate sections of CVWD Std. W-33, subject to the approval by the Riverside County Fire Department. 72. Fire sprinkler systems are required for all new buildings that are 5,000 + square feet in size. 73. All interior access roads and entry driveways need to be a minimum of 20 feet unobstructed width and an unobstructed vertical clearance of 13 feet 6 inches. 74. Specific access plans shall be submitted for review and approval. 75. Provide or show there exists a water system capable of delivering 2,250 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. 76. A combination of on -site and off -site 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. The required fire flow shall be available from any adjacent hydrant(s) in the system. 77. 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. 78. 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." 79. The required water system including fire hydrants shall be installed and operational prior to the start of construction. 4611 U58 C:\My Documents\WPDOCS\COALQCSP047.WPD 13 Conditions of Approval Specific Plan 2000-047 La Quinta Court - JDD, LLC August 15, 2000 80. All buildings shall be accessible by an approved all weather roadway extending to within 150' of all portions of the exterior wall of the first story. 81. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front within 50' of a hydrant, and a minimum of 25' from the building. 82. Install a supervised water flow fire alarm system as required by the UBC/Riverside County Fire Department and National Fire Protection Association Standard 72. 83. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Planning & Engineering office for submittal requirements. 84. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 85. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. 86. Install a Hood/Duct automatic fire extinguishing system. System plans must be submitted, along with a plan check/inspection fee, to the Fire Department for review. 87. Install Knox Key Lock boxes, Models 4400, 3200, or 1300, mounted per recommended standards of the Knox Company. Special forms are available from this office for the ordering of the Key Switch, this form must be authorized and signed by this office for the correctly coded system to be purchased. 464 059 C:\My Documents\WPDOCS\COALQCSP047.WPD 14 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW GOLF CART SALES WITHIN A 5.65 ACRE PROJECT AT THE SOUTHEASTERN CORNER OF HIGHWAY 111 AND WASHINGTON STREET CASE NO.: CONDITIONAL USE PERMIT 2000-050 APPLICANT: JDD, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 15th day of August, 2000, hold a duly noticed Public Hearing to consider the request of JDD, LLC to allow golf cart sales within a planned commercial center; and WHEREAS, the Planning Commission of the City of La Quinta, California did on the 25th day of July, 2000, hold a duly noticed Public Hearing t to consider the request of JDD, LLC to allow golf cart sales within a planned commercial center; 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 Environmental Assessment 2000-39 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 for Regional Commercial. 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 golf cart sales within the project area will conform to development standards outlined in Specific Plan 2000-047 namely parking, lighting, building height and setbacks, signs and landscaping. 3. An Environmental Assessment has been prepared in accordance with CEQA. 4. Golf cart sales 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 465 recommended mitigation measures reducing potentially negative impacts to a level of insignificance such as noise, traffic and lighting. U60 C:\Mv Documents\WPDOCS\CCResoCUPLQCrt.WPD Resolution 2000- Conditional Use Permit 2000-050 La Quinta Court 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 2000-050 to allow golf cart sales 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 15th day of August, 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: M. KATHERINE JENSON, City Attorney City of La Quinta, California 466 C:\Mv Documents\WPDOCS\CCResoCUPLQCrt.WPD 061. CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2000-050 LA QUINTA COURT AUGUST 15, 2000 1. The development shall comply with Specific Plan 2000-047, and all applicable Conditions of Approval. 2. The approval of the Conditional Use Permit shall run concurrently with Specific Plan 2000-047. 3. Any outdoor sales or display areas proposed for a golf cart location shall require Community Development Director approval. The plan shall demonstrates how the outdoor sales or display area will be integrated into the site design. 4. No vehicle service facility or uses shall be permitted on the project site. 5. Should any area to be utilized for outdoor sales or display reduce the number of parking spaces shown within Specific Plan 2000-047, the application shall demonstrate how the loss of these parking space(s) has been mitigated. 6. 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. 4 `'A .-, u62 C:\Mv Documents\WPDOCS\CCResoCUPLQCrt.WPD RESOLUTION 2000 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 29791 TO MERGE 6 EXISTING PARCELS INTO ONE 5.65 ACRE HOLDING. CASE NO.: PARCEL MAP 29791 APPLICANT: JDD, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 15th day of August, 2000, hold a duly noticed Public Hearing to consider the request of JDD, LLC for approval of Tentative Parcel Map 29791, located at the southeastern corner of Highway 111 and Washington street, and more particularly described as: APN: 643-020-002, 643-020-003, 643-020-004, 643-020-005, 643-020-006, &643-020 -007 WHEREAS, the Planning Commission of the City of La Quinta, California did on the 25th day of July, 2000, hold a duly noticed Public Hearing t to consider the request of JDD, LLC for approval of Tentative Parcel Map 29791, located at the southeastern corner of Highway 1 1 1; and WHEREAS, said Tentative Parcel Map 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 Environmental Assessment 2000-399 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 approval of Tentative Parcel Map 29791: Finding Number 1 - Consistency with General Plan: A. The property is designated Regional Commercial. The Land Use Element of the General Plan encourages commercial retail development in this land use designation. The project is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2) because retail commercial land uses are proposed. The project, as conditioned, is also consistent with the goals, objectives, and policies of the General Plan Circulation Element. Objectives contained in this element will be met through improvements to Highway 1 1 1, which are critical to the buildout of the General Plan circulation system. 469 C:\My Documents\WPDOCS\CCResoPMLocrt.WPD 063 Resolution 2000- Parcel Map 29791 - La Quinta Court August 15, 2000 Finding Number 2 - Consistency with City Zoning Ordinance: A. The proposed retail development is consistent with the land uses specified in the Zoning Ordinance. Conditional Use Permit requirements have been secured for golf cart sales, as required in the Ordinance. B. The proposed retail development is consistent with the development standards contained in the City's Zoning Code, as enumerated in the concurrent Specific Plan, SP 2000-047, which accompanies this parcel map. C. Conditions of approval are recommended ensuring compliance with the City's Zoning Code. Finding_Number 3 - Compliance with the California Environmental Quality Act: Parcel Map 29791 is subject to the requirements of the California Environmental Quality Act per Public Resources Code Section 65457(a). An Environmental Assessment (EA 2000-399) has been prepared, and a mitigated Negative Declaration has been proposed. Finding Number 4 - Site Design: The proposed design of the subdivision conforms with the development standards found in the General Plan and Zoning Ordinance. The site is physically suitable for the proposed land division, as the area is flat and without physical constraints, and the parcel merger is consistent with other larger parcels surrounding the project site. Finding Number 5 - Site Improvements: 1. Storm water retention will be provided on -site, and conveyed to existing storm water systems adjacent to the site. 2. Washington Street, Highway 111 and Simon Drive will be improved to City standards. 3. Infrastructure improvements such as gas, electric, sewer and water will be extended to service the site in underground facilities as required. No adverse impacts have been identified based on letters of response from affected public agencies. 463 064 C:\My Documents\WPDOCS\CCResoPMLQCrt.WPD Resolution 2000- Parcel Map 29791 - La Quinta Court August 15, 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 constitute the findings of the City Council in this case; 2. That it does hereby confirm the conclusion that Environmental Assessment 2000-399 assessed the environmental concerns of this Parcel Map; and, 3. That the City Council of does hereby approve Tentative Parcel Map 29791 for the reasons set forth in this Resolution and subject to the attached conditions of approval, attached hereto and made a part hereof as Exhibit "A." PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of August, 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: 410 M. KATHERINE JENSON, City Attorney City of La Quinta, California 065 C:\My Documents\WPDOCS\CCResoPMLQCrt.WPD CITY COUNCIL RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED LA QUINTA COURT - JDD, LLC PARCEL MAP 29791 AUGUST 15, 2000 GENERAL 1. Upon conditional 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. 471 066 C:\My Documents\WPDOCS\COALQCPM29791.wpd 1 Planning Commission Resolution 2000-049 - Conditions of Approval Specific Plan 2000-047, Parcel Map 29791, & Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 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 Infrastructure Fee Program and Development Impact Fee program in effect at the time of final map approval. PROPERTY RIGHTS 6. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. 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. 7. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 8. Right of way dedications required of this development include: PUBLIC STREETS A. Washington Street - additional variable width (21 '-31 ') as required to implement the "Ultimate Study" street alignment configuration plan dated 3/09/94. An additional variable width (0-8') shall be dedicated as required if the left turn only lane at Simon Drive is approved. 9. 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. 10. 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. 4792 C:\My Documents\WPDOCS\COALQCPM29791 .wpd 2 0 Planning Commission Resolution 2000-049 - Conditions of Approval Specific Plan 2000-047, Parcel Map 29791, & Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 2000 11. 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. 12. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): Washington Street - 20-feet. State Highway 1 1 1 - 50-feet. Simon Drive - 10-feet. The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 13. 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. 14. 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 and Site Development Permit. 15. 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. 16. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 17. 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 473 Engineer. C:\My Documents\WPDOCS\COALQCPM29791.wpd 3 068 Planning Commission Resolution 2000-049 - Conditions of Approval Specific Plan 2000-047, Parcel Map 29791, & Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 2000 FINAL MARS) AND PARCEL MAP(S) 18. 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. 19. 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. 20. 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. 21. 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 47� C:\My Documents\WPDOCS\COALQCPM29791.wpd 4 069 Planning Commission Resolution 2000-049 - Conditions of Approval Specific Plan 2000-047, Parcel Map 29791, & Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 2000 may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 22. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to construct additional improvements subject to reimbursement by others, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City, the Applicant shall, at the time of approval of a map or other development or building permit, reimburse the City for the cost of those improvements. 23. 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. 24. 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. 47r V 070 C:\My Documents\WPDOCS\COALQCPM29791.wpd 5 Planning Commission Resolution 2000-049 - Conditions of Approval Specific Plan 2000-047, Parcel Map 29791, & Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 2000 25. 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. 26. 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 occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 27. 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. [CUT_IDIN t1 28. 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. 29. 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. 30. 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 476 with the provisions of the permit. 071. C:\My Documents\WPDOCS\COALQCPM29791.wpd 6 Planning Commission Resolution 2000-049 - Conditions of Approval Specific Plan 2000-047, Parcel Map 29791, & Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 2000 31. 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. 32. Prior to issuance of any improvement after rough grading is complete, 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: 33. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be handled as follows: A. The tributary drainage area shall extend to the centerline of adjacent public streets. B. Developer shall discharge storm water from on -site, and off -site tributary area assigned to the development site, into existing storm drain located in Washington Street. Developer shall pay a prorated share of cost to design and install the storm drain. The prorated share shall be calculated on the basis of tributary area contributed by the subject development relative to the tributary area served by the storm drain. C. The applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge into the Coachella Valley Stormwater Channel 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 47 i Attorney. 072 C:\My Documents\WPDOCS\COALQCPM29791.wpd 7 Planning Commission Resolution 2000-049 - Conditions of Approval Specific Plan 2000-047, Parcel Map 29791, & Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 2000 UTILITIES 34. 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. 35. 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. 36. 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 37. 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.) OFF -SITE STREETS Washington Street - Widen and reconstruct street to implement "Ultimate Study" street alignment configuration plan dated 3/09/94. Reconstruction shall include removal and reconstruction of: landscaped median island; existing pavement as needed east of the west AC curb of the existing median; curb, gutter and 8-foot wide meandering sidewalk; and traffic signal and striping modifications and revisions as needed to implement the new street configuration. Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. ( v C:\My Documents\WPDOCS\COALQCPM29791.wpd 8 073 Planning Commission Resolution 2000-049 - Conditions of Approval Specific Plan 2000-047, Parcel Map 29791, & Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 2000 38. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 39. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 40. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge or rolled curb design is approved, the lip at the flowline shall be vertical (1 /8" batter) and a minimum of 0.1, in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 41. Parking lot design shall conform with the City's Off -Street Parking Ordinance as delineated in Chapter 9.15 of the LQMC. 42. 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. 43. The City will conduct final inspections of buildings only when the on -site parking lot improvements are completed. 44. General access points and turning movements of traffic are limited to the following: A. Washington Street and on -site driveway shall be limited to right -turn movements only. B. Washington Street and Simon Drive shall be limited to right -turn movements only along with eastbound access to Simon Drive from southbound Washington Street. No access from westbound Simon Drive 4 t to southbound Washington Street will be allowed. 074 C:\My Documents\WPDOCS\COALQCPM29791.wpd 9 Planning Commission Resolution 2000-049 - Conditions of Approval Specific Plan 2000-047, Parcel Map 29791, & Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 2000 C. Simon Drive and on -site driveway will allow full turning movements. D. Highway 111 and on -site driveway shall be limited to right -turn movements only. LANDSCAPING 45. The applicant shall provide landscaping in required setbacks and common lots. 46. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 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. 47. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 48. An 8-foot sidewalk shall be constructed along Washington Street, and along Highway 111. The sidewalk shall meander within the Right -of -Way and setback. PUBLIC SERVICES 49. The applicant shall provide public transit improvements as required by CalTrans and Sunline Transit and approved by the City Engineer. Improvements shall include a bus turnout location and passenger waiting shelter along Highway 1 1 1. The shelter shall be the City adopted standard for Highway 1 1 1. QUALITY ASSURANCE 50. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 4SO 075 C:\My Documents\WPDOCS\COALQCPM29791.wpd 10 Planning Commission Resolution 2000-049 - Conditions of Approval Specific Plan 2000-047, Parcel Map 29791, & Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 2000 51. 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. 52. 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. 53. 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 54. 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 55. 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. 481 076 C:\My Documents\WPDOCS\COALQCPM29791.wpd 11 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, APPROVING DEVELOPMENT OF A 54,000± SQUARE FOOT SHOPPING CENTER AT THE SOUTHEAST CORNER OF HIGHWAY 111 AND WASHINGTON. CASE NO.: SITE DEVELOPMENT PERMIT 2000-680 APPLICANT: JDD, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 15th day of August, 2000, hold a duly noticed Public Hearing for the La Quinta Court project for review of a Site Development Permit to allow a 54,000 ± square foot shopping center on 5.65 ± acres located at the southeastern corner of Highway 1 1 1 and Washington Street, more particularly described as: APN 643-020-002, 643-020-003, 643-020-004, 643-020-005, 643-020-006, &643-020 -007 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 25th day of July, 2000, hold a duly noticed Public Hearing for the La Quinta Court project and recommended approval of the Site Development Permit, subject to the conditions of approval; and WHEREAS, at said public hearing, upon hearing and considering Environmental Assessment 00-399, and all testimony and arguments, if any, of all interested persons wanting to be heard, the City Council did make the following mandatory findings for approval of said Site Development Permit: 1. The proposed Site Development Permit is consistent with the General Plan goals, policies and programs relating to the Regional Commercial land use designation, and supports a broad range of commercial opportunities for the City's residents. 2. The proposed Site Development Permit is consistent with the standards of the Zoning Ordinance, implements requirements for Conditional Use Permits, as required, and is consistent with Specific Plan 2000-047, which establishes development standards for the project. The project meets the City's standards for height, density, and land use. 3. The proposed Site Development Permit will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conform with the City's standards and requirements, as conditioned. CAMy Documents\WPDOCS\CCResoSDPLQCrt.WPD 077 Resolution 2000- Site Development Permit 2000-680 La Quinta Court 4. The proposed Site Development Permit complies with the architectural design standards for Specific Plan 2000-047, and implements the post-modern style called for in that document. 5. The proposed Site Development Permit is consistent with the landscaping standards and palette in Specific Plan 2000-047, and implements the Highway 1 1 1 Design Theme along the project's frontage on Highway 1 1 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case. 2. That it does hereby require compliance with those mitigation measures required in EA 2000-399. 3. That it does approve Site Development Permit 2000-680 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 15th of August, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California US 078 C:\My Documents\WPDOCS\CCResoSDPLQCrt.WPD Resolution 2000- Site Development Permit 2000-680 La Quinta Court APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 4 8 r. u79 CAMy Documents\WPDOCS\CCResoSDPLQCrt.WPD CITY COUNCIL RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED LA QUINTA COURT - JDD, LLC SITE DEVELOPMENT PERMIT 2000-680 AUGUST 15, 2000 GENERAL 1 . Upon conditional 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. u�0 CAMy Documents\WPDOCS\COALQCSDP047.WPD 1 Conditions of Approval Site Development Permit 2000-680 La auinta Court - JDD, LLC July 25, 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 Infrastructure Fee Program and Development Impact Fee program in effect at the time of final map approval. PROPERTY RIGHTS 6. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. 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. 7. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 8. Right of way dedications required of this development include: PUBLIC STREETS A. Washington Street - additional variable width (21 '-31 ') as required to implement the "Ultimate Study" street alignment configuration plan dated 3/09/94. An additional variable width (0-8') shall be dedicated as required if the left turn only lane at Simon Drive is approved. 9. 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. 10. 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. 480 C:\My Documents\WPDOCS\COALQCSDP047.WPD 2 U. Conditions of Approval Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 2000 11. 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. 12. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): Washington Street - 20-feet. State Highway 1 1 1 - 50-feet. Simon Drive - 10-feet. The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 13. 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. 14. 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 and Site Development Permit. 15. 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. 16. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 17. 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. 48 7 084W C:\My Documents\WPDOCS\COALQCSDP047.WPD 3 Conditions of Approval Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 2000 FINAL MAP(S) AND PARCEL MAP(S) 18. 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. 19. 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. 20. 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. 21. 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 C:\My Documents\WPDOCS\COALQCSDP047.WPD 4 Conditions of Approval Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 2000 may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 22. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to construct additional improvements subject to reimbursement by others, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City, the Applicant shall, at the time of approval of a map or other development or building permit, reimburse the City for the cost of those improvements. 23. 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. 24. 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. 084$� C:\My Documents\WPDOCS\COALQCSDP047.WPD 5 Conditions of Approval Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 2000 25. 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. 26. 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 occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 27. 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 28. 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. 29. 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. 30. 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 4 J l3 with the provisions of the permit. 4 C:\My Documents\WPDOCS\COALQCSDP047.WPD 6 Conditions of Approval Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 2000 31. 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. 32. Prior to issuance of any improvement after rough grading is complete, 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: 33. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be handled as follows: A. The tributary drainage area shall extend to the centerline of adjacent public streets. B. Developer shall discharge storm water from on -site, and off -site tributary area assigned to the development site, into existing storm drain located in Washington Street. Developer shall pay a prorated share of cost to design and install the storm drain. The prorated share shall be calculated on the basis of tributary area contributed by the subject development relative to the tributary area served by the storm drain. C. The applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge into the Coachella Valley Stormwater Channel 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. U$6 C:\My Documents\WPDOCS\COALQCSDP047.WPD 7 Conditions of Approval Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 2000 UTILITIES 34. 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. 35. 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. 36. 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 37. 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.) OFF -SITE STREETS Washington Street - Widen and reconstruct street to implement "Ultimate Study" street alignment configuration plan dated 3/09/94. Reconstruction shall include removal and reconstruction of: landscaped median island; existing pavement as needed east of the west AC curb of the existing median; curb, gutter and 8-foot wide meandering sidewalk; and traffic signal and striping modifications and revisions as needed to implement the new street configuration. Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. 49 087 C:\My Documents\WPDOCS\COALQCSDP047.WPD 8 Conditions of Approval Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 2000 38. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 39. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 40. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge or rolled curb design is approved, the lip at the flowline shall be vertical (1 /8" batter) and a minimum of 0.1' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 41. Parking lot design shall conform with the City's Off -Street Parking Ordinance as delineated in Chapter 9.15 of the LQMC. 42. 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. 43. The City will conduct final inspections of buildings only when the on -site parking lot improvements are completed. 44. General access points and turning movements of traffic are limited to the following: A. Washington Street and on -site driveway shall be limited to right -turn movements only. B. Washington Street and Simon Drive shall be limited to right -turn movements only along with eastbound access to Simon Drive from southbound Washington Street. No access from westbound Simon Drive to southbound Washington Street will be allowed.�� C:\My Documents\WPDOCS\COALQCSDP047.WPD 9 Conditions of Approval Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 2000 C. Simon Drive and on -site driveway will allow full turning movements. D. Highway 111 and on -site driveway shall be limited to right -turn movements only. LANDSCAPING 45. The applicant shall provide landscaping in required setbacks and common lots. 46. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 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. 47. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 48. An 8-foot sidewalk shall be constructed along Washington Street, and along Highway 111. The sidewalk shall meander within the Right -of -Way and setback. PUBLIC SERVICES 49. The applicant shall provide public transit improvements as required by CalTrans and Sunline Transit and approved by the City Engineer. Improvements shall include a bus turnout location and passenger waiting shelter along Highway 1 1 1. The shelter shall be the City adopted standard for Highway 1 1 1. QUALITY ASSURANCE 50. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 49-� 089 C:\My Documents\WPDOCS\COALQCSDP047.WPD 10 Conditions of Approval Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 2000 51. 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. 52. 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. 53. 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 54. 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 55. 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 CONDITIONS 56. Prior to issuance of a grading permit, the applicant shall submit an irrigation plan for all landscaping on the site, for review and approval by the Community Development Department. The plans shall also include hardscape details including special pavement treatments. All plans shall be consistent with the adopted Specific Plan. 57. The project proponent will participate, as required by the Municipal Code, in the Art in Public Places program. 4 0(y0 0 C:\My Documents\WPDOCS\COALQCSDP047.WPD 11 Conditions of Approval Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 2000 58. The Specific Plan, page 5, third paragraph, first line, shall be amended to read "226 parking stalls." 59. Fast food restaurants with drive-throughs shall be prohibited land use on the proposed site. 60. Any outdoor sales or display areas proposed for a golf cart location shall require Community Development Director approval. The plan shall demonstrates how the outdoor sales or display area will be integrated into the site design. The site plan shall be amended to clearly show all outside display areas. Such display areas shall be limited to Buildings 2 and 4. 61. Should any area to be utilized for outdoor sales or display reduce the number of parking spaces shown within Specific Plan 2000-047, the application shall demonstrate how the loss of these parking space(s) has been mitigated. 62. Prior to the issuance of building permits, the applicant shall provide a site plan which locates bicycle racks throughout the project, in compliance with City standards. 63. The project proponent shall implement all mitigation measures listed in Environmental Assessment 2000-399. 64. All awnings shall be maintained in a "like new" condition at all times. COACHELLA VALLEY WATER DISTRICT 65. The applicant shall meet requirements of the District for the installation of domestic water lines to serve the proposed project. 66. Any restaurant proposed for the proposed site shall install grease interceptors, including a sample box, sanitary tee and running tap with cleanout to CVWD standards. 67. Plans for grading, landscaping and irrigation systems shall be submitted to the District for review for the purpose of efficient water management. FIRE DEPARTMENT 68. All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the appropriate sections of CVWD Std. W-334 9 6 subject to the approval by the Riverside County Fire Department. C:\My Documents\WPDOCS\COALQCSDP047.WPD 12 U .1' Conditions of Approval Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 2000 69. Fire sprinkler systems are required for all new buildings that are 5,000 + square feet in size. 70. All interior access roads and entry driveways need to be a minimum of 20 feet unobstructed width and an unobstructed vertical clearance of 13 feet 6 inches. 71. Specific access plans shall be submitted for review and approval. 72. Provide or show there exists a water system capable of delivering 2,250 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. 73. A combination of on -site and off -site 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. The required fire flow shall be available from any adjacent hydrant(s) in the system. 74. 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. 75. 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." 76. The required water system including fire hydrants shall be installed and operational prior to the start of construction. 77. All buildings shall be accessible by an approved all weather roadway extending to within 150' of all portions of the exterior wall of the first story. 78. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front within 50' of a hydrant, and a minimum of 25' from the building. 497 C:\My Documents\WPDOCS\COALQCSDP047.WPD 13 092 Conditions of Approval Site Development Permit 2000-680 La Quinta Court - JDD, LLC July 25, 2000 79. Install a supervised water flow fire alarm system as required by the UBC/Riverside County Fire Department and National Fire Protection Association Standard 72. 80. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Planning & Engineering office for submittal requirements. 81. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 82. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. 83. Install a Hood/Duct automatic fire extinguishing system. System plans must be submitted, along with a plan check/inspection fee, to the Fire Department for review. 84. Install Knox Key Lock boxes, Models 4400, 3200, or 1300, mounted per recommended standards of the Knox Company. Special forms are available from this office for the ordering of the Key Switch, this form must be authorized and signed by this office for the correctly coded system to be purchased. 493 C:\My Documents\WPDOCS\COALQCSDP047.WPD 14 093 ATTACHMENT 1 Planning Commission Minutes July 25, 2000 B. Chairman Robbins asked if there were any 5ppr66tions to the Minutes of June 13, 2000. There being no correcti s, it was moved and seconded by Commissioners Tyler/Butler to prove the minutes as submitted. Commissioner Kirk abstained. C. Chairman Robbins ask if there were any corrections to the Minutes of July 1 1, 2000. T e being no corrections, it was moved and seconded by Commissio rs Abels/Kirk to approve the minutes as submitted. D. DepartTernt Report: None. V. PUBLIC HEARINGS: A. Environmental Assessment 2000-399. Specific Plan 2000-047, Parcel Map 29791. Conditional Use Permit 2000-050, and Site Development Permit 2000-680, a request of La Quinta Court, JDD, LLC for certification of a Mitigated Negative Declaration of Environmental Impact approval of a Specific Plan for design guidelines and development standards, a Condition Use Permit to allow motorcycle and golf cart sales, Site Development Permit for architecture and landscaping approval, and a Parcel Map to merge six parcels into one. 1. Chairman Robbins opened the public hearing and asked for the staff report. Planning Manager Christine di lorio and Contract Planner Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted two changes they were recommending to the Conditions; Condition #67 changed to remove the word "safe" and replace with "efficient water management" for both applications. Also, Condition #64 should be deleted. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Abels asked about the drive -through on Building 3 and on Page 4 of the Specific Plan it refers to uses such as real estate, restaurant and commercial retail; why is a drive -through proposed? Staff stated drive -through restaurants are prohibited by the Specific Plan and this drive -through is for a coffee shop or bank. 3. Commissioner Kirk questioned Page 6 of the Specific Plan where it indicates the Specific Plan allows the use of automobile, motorcycle and vehicle sales with exterior displays on Buildings 2 and 4 and references Exhibits "E-B" and "E-C", and when looked at 49o,) CAMy Documents\WPDOCS\PC7-25-OO.wpd 2 095 Planning Commission Minutes July 25, 2000 the exhibits he could not find where the exterior display would occur. Staff indicated on the plans where the display area would be and they are to be reviewed and approved by the Community Development Department. It could not be located on Highway 1 1 1 or Washington Street, behind the landscape setback. 4. Commissioner Kirk stated that he generally believes the City's shopping centers are over -parked and he appreciates the use of shared parking on this project. He questioned whether or not the reduction in the number of parking spaces is due to the dinner house having different hours of operation. However, he did not - see anything in the Specific Plan that would limit the use of that site as a dinner house over time. When you look at shared uses on parking it should be looked at over time. Staff stated in the Specific Plan the applicant has addressed the square footage needed for a restaurant use and the square footage for retail uses. If it were to be exceeded, they would have to apply for an amendment to the Specific Plan. Planning Consultant Nicole Criste stated the requirement for restaurant parking at 35 square feet per parking space, are more restrictive than those for a retail center under 50,000 square feet, which is one space for 250 square feet. So overall, if the use were to change to retail, the parking requirement would go down. 5. Commissioner Tyler stated he had a problem understanding just how many parking spaces there were. He has a problem with the shared parking because the use is contiguous with a grocery store and grocery stores typically have extended hours so the parking spaces could be jointly used. He asked what the real parking space total was. In addition, he has a hard time counting the seven parking spaces in the drive -through as part of the parking total. 6. Commissioner Butler asked if there was an existing left turning pocket southbound on Washington Street. Senior Engineer Steve Speer stated it is not there. The existing median is only eight feet wide and in order to for this proposal to get a left turn onto Simon Drive, the applicant has willingly offered to dedicate an additional eight feet to get the pocket creating a 16 foot wide mediam. 7. Chairman Robbins stated they would have to move back the curve returns on Simon Drive easterly, and what will happen southerly of this site as he does not think Washington Street is eight feet at 500 CAMy Documents\WPDOCS\PC7-25-00-wpd 3 1.) 9 G Planning Commission Minutes July 25, 2000 this location. Will this development be required to widen Washington Street accordingly, south of Simon Drive, and if so, he does not see it in the conditions. Senior Engineer Steve Speer stated it was contained in the conditions as a standard condition where they have to do appropriate transitions and this fits into the category as appropriate transitions. If the right of way is not sufficient at this location, there are a couple things staff can do. If the right is not there, the City will not go forward, or the City can proceed with the acquisition at the applicant's expense. They have considerable off -site improvements on Washington Street which will be a major reconstruction job. 8. Chairman Robbins asked about Page 7 of the Specific Plan, the normal setback on Washington Street is 30 feet and we are allowing 20 feet. What is the logic and justification to allow this. Planning Manager Christine di lorio stated the landscape setback for the General Plan and Zoning Code is 20 feet; 30 feet is for the building setback. Rather than have a driveway or parking lot on the corner, the applicant is asking under the Specific Plan to move the building to the landscape setback. Therefore, it is not modifying the City's landscape setbacks. 9. Commissioner Tyler asked how this compares with the Auto Club across the street. Community Development Director Jerry Herman stated it should be 20 feet as the 30 foot requirement was not in place at the time the Auto Club was built. 10. Contract Planner Nicole Criste stated that if the parking were addressed at the gross level, the total parking required for the square footage of a restaurant space plus the retail space would be 245 parking spaces. The proposal calls for 226 parking spaces including the stacking space. The retail use for the grocery store is not sufficiently large to allow a full service supermarket. A full service supermarket requires considerably more than the square footage provided here and the proposal is therefore for a specialty supermarket which will have more restrictive hours and clientel. The reduction of 25 parking spaces overall within the parking center, staff does not believe is excessive due to the difference in hours between the retail shops and restaurant use, given the fact the grocery store will not be a supermarket. Commissioner Tyler stated there is nothing contained in any of the documents that states that. If that is the case, and the shared parking depends upon this, there should be a condition to address this. Planning J 1 CAMy Documents\WPDOCS\PC7-25-00.Wpd 4 097 Planning Commission Minutes July 25, 2000 Consultant Nicole Criste stated the Commission can add a condition requiring only specialty grocery store. Practically speaking, a supermarket requires 25,000-45,000 square feet for a full service. Even if the whole building on the corner were converted to retail, based on the City's current requirements, the parking requirement would be 212 parking spaces, so this project is actually over parked at 226. The retail parking requirement is more liberal than the restaurant requirement. 11. Commissioner Butler stated that the proposed tenants for Building 3 are real estate agency, restaurant, and commercial retail. The project across the street where there is a real estate agency, the Commission received complaints because there wasn't enough adequate parking for the number of realtors working out of those offices. Are we addressing the need for parking given the fact that the number of spaces needed in the past has changed for some of these uses. Planning Consultant Nicole Criste stated that based on the current standard contained in the Zoning Code, there are restrictions on how the parking requirement can be looked at. To break it out by use further for a use similar to a real estate office, would require a Zoning Text Amendment. 12. Chairman Robbins stated they could require them to meet the existing Code. 13. Commissioner Kirk stated that on Page 19 of the Specific Plan there are the design requirements for the signs and there is a restriction in regard to logos and the percentage of the sign that should be take up by a logo. In the past when the Planning Commission has addressed this issue, they have been told there is very little latitude in restricting logos. He assumes the Specific Plan becomes a City document, therefore, can the Planning Commission, by approval of the Specific Plan, restrict signage in such a way. Assistant City Attorney John Ramirez asked if Commissioner Kirk was referring to the establishment's sign. Commissioner Kirk stated the Specific Plan states it is a logo and a part of the name. Assistant City Attorney Ramirez stated that under existing law the City can ban outright certain types of signs, but if the. Commission decides the Code does allow them to have signs, you are very limited with what you can do to restrict them both on a size and content based issue. There are some issues with examples in the past how the City's sign ordinance has been JO- C:\My Documents\WPDOCS\PC7-25-OO.wpd 5 U 9 8 Planning Commission Minutes July 25, 2000 applied in that context. Commissioner Kirk asked if the City could restrict a sign so that the logo cannot exceed 10% of the total sign area. Assistant City Attorney. Ramirez stated they could as long as it is a blanket application. Typically, the problems is that these type of restrictions apply to certain signs. The problem arises if this applied only to commercial signs but not other types of signs. If it is a blanket application for all signs, the City can impose restrictions on size. Commissioner Kirk stated he thought Mr. Ramirez was saying that the City had less latitude in restricting size and now as long as it is blanket, we can restrict size. Mr. Ramirez stated that as long as it is a blanket application, regardless of the content of the sign, the Commission is free to do this. 14. There being no further questions of staff, Chairman Robbins asked if the applicant would like to address the Commission. Mr. Dale Frank, developer of the project, stated that due to the City's requirements they exceed the number of parking spaces required, so he is uncertain where the Commission believes they are under parked. Due to the irregular shape of the site, per the allowed FAR for the site, the building coverage could be 86,000 square feet, however they will have only 53,000 square feet in order to get the buildings to fit onto the site. Together with the restrictions they have to meet as far as setback requirements, they have worked diligently to meet the Code and provide a facility that is very pleasing. In regard to the drive -through, Starbucks has started having drive-throughs and most banks are also. Which use depends on who they sign as a user. It is on the back side next to Simon Drive. The architecture is a more costly type of architecture to build and is similar to what is on El Paseo in Palm Desert. They have met with staff to keep the site upscale in regard to the users. He went on to describe the site and the proposed tenants. 15. Commissioner Abels stated he was pleased with the tenants that had been identified. Mr. Frank went on further to state that at this time they have not signed any motorcycle company. Harley Davidson has contacted them and they do have a very aesthetically pleasing building. In regard to golf carts, it is a permitted use and they are asking for a conditional use for a display in a limited area because the users have asked for it. They think a show room for golf cart displays, as long as the interior J v C:\My Documents\WPDOCS\PC7-25-OO.wpd 6 099 Planning Commission Minutes July 25, 2000 and exteriors are done aesthetically and architecturally pleasing, will create a very nice retail presence. Other retails they have are L G's Steakhouse, Jensens market, an optical company, a dry cleaners, one hour photo, Becker and Becker Real Estate, two major stockbroker firms, golf cart showroom, another restaurant, and a bank. They have tried to limit the type of users that create a facility that has a presence within the community. 16. Commissioner Tyler commended the applicant on their layout and attention to detail, especially the pedestrian detail. In the Specific Plan on Page 2, automotive businesses are mentioned. As the City has an auto mall he would suggest removing the use of the word "automotive". In regard to the golf carts, are they going to have display and/or retail sales. Mr. Frank stated they will have display and showroom for retail sales with no service. Commissioner Tyler questioned how they could have sales and no service on site to handle the service. Mr. Frank stated the lease restricts the service center. Commissioner Tyler noted that three parking spaces were dedicated to GTE Telecommunication equipment and asked what type of equipment this would be. Mr. Hack stated it was to provide GTE with an area for their upgraded facility to the current telecommunications equipment. It is a dedicated easement for a fiberoptic switch. This switch will service the entire area. 17. Commissioner Butler stated he too likes the project and it is a nice entry to the City. In regard to the tenants, he does not think the use of awning in the desert is a wise idea. Mr. Frank stated they are used in other cities successfully. Commissioner Butler asked if the wind would create any problems. Mr. Hack stated the awnings are broken up to complement the windows and any framework used would secure them. Mr. Frank stated it is more of an accent to the building. 18. Commissioner Abels too commended the applicant on the project. He is not happy about the motorcycle use, but he has been convinced it will work. 19. Chairman Robbins stated that on Page 14 of the Specific Plan it states the project will be built in a single phase and yet refers to future buildings. Mr. Hack stated it would all be built at one time. r 50z". CAMy Documents\WPDOCS\PC7-25-OO.wpd 7 100 Planning Commission Minutes July 25, 2000 20. Chairman Robbins asked if a prior project had been approved with awnings and didn't the Commission add a condition requiring them to be kept in a "like new" condition. Also, he has a problem with counting the seven parking spaces in the drive -through. 21. There being no further questions of the applicant, and no further public comment, Chairman Robbins closed the public participation portion of the hearing and opened the project for Commission discussion. 22. Commissioner Tyler stated that in the staff report, the use of the word "project proponent" was used as a synonym for "applicant" and asked if this was correct. Assistant City Attorney John Ramirez stated the applicant is presumed to be a proponent of the project. There is no reason the Commission could not alter the language or suggest to staff they be sensitive to their word choices. He would agree they are not synonym from a legal standpoint. Commissioner Tyler stated that since this is a legal document that will have to stand on its own over time and the language will have to be worthy of that condition. Planning consultant Nicole Criste stated the word is not used interchangably in the conditions. As a rule the applicant as described is not necessarily the project proponent who will build out the project. In this case it may very well be, however, in many projects the applicant is not the party that builds out the project. Her intent when using the word "project proponent" is that it encompass not just the applicant, but anyone else that might come forth in the future so it will apply to those parties as well. Assistant City Attorney John Ramirez stated he would look at it, but he sees no problem. 23. Commissioner Tyler stated the fire department conditions should be changed to use the word "shall". 24. Commissioner Abels stated he wanted to be sure wording was included in the Conditional Use Permit that no service would be allowed. 25. Commissioner Kirk asked if the applicant were to develop the site without a Specific Plan would a fast food or drive -through business be allowed. Staff stated it would be allowed, but this applicant was required to file a specific plan per the General Plan. g 5 c�` CAMy Documents\WPDOCS\PC7-25-OO.wpd 101. Planning Commission Minutes July 25, 2000 What the applicant has developed is a use that is compatible with the site. As long as the drive -through is compatible with the circulation and overall project, he has no objection. 26. Chairman Robbins stated that in the conditions regarding drainage, there is normally a condition preventing nuisance water from draining into the storm drains. Senior Engineer Steve Speer stated their storm water drains to the existing storm drain that goes to the Whitewater Channel now which has a nuisance water handling box which is able to handle this site as well as the west side of the street. 27. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2000-045 recommending to the City Council certification of Environmental Assessment 2000-399, subject to the findings and Mitigation Monitoring Program. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 28. It was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 2000-046 recommending to the City Council approval of Specific Plan 2000-047, subject to the findings and Conditions of Approval as amended. a. Add a condition that denotes the specific location of vehicle displays for golf carts or vehicle uses on Buildings 2 and 4. b. Delete reference to automotive and motorcycle uses. C. Add a condition that the awnings be maintained in a "like new" conditions. d. Specify that no service is allowed for any golf cart uses e. Condition #64 deleted. f. Condition #67: change the word "safe" to "efficient". g. Drive-throughs would be permitted for coffee or bank uses only. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. CAMy Documents\WPDOCS\PC7-25-OO.wpd 9 Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. Jij- 102 Planning Commission Minutes July 25, 2000 29. It was moved and seconded by Commissions Abels/Butler to adopt Planning Commission Resolution 2000-047 approving Site Development Permit 2000-680, subject to the findings and Conditions of Approval, as amended. a. Add a condition that denotes the specific location of vehicle displays for golf carts or vehicle uses on Buildings 2 and 4. b. Delete reference to automotive and motorcycle uses. C. Add a condition that the awnings be maintained in a "like new" conditions. d. Specify that no service is allowed for any golf cart uses e. Condition #64 deleted. f. Condition #67: change the word "safe" to "efficient". g. Drive-throughs would be permitted for coffee or bank uses only. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. 30. It was moved and seconded by Commissions Butler/Tyler to adopt Planning Commission Resolution 2000-048 recommending to the City Council approval of Conditional Use Permit 2000-050, subject to the findings and Conditions of Approval, as amended. a. Delete reference to automotive and motorcycle uses. b. Add a condition specifying that no service is allowed for any golf cart uses. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 31. It was moved and seconded by Commissions Tyler/Kirk to adopt Planning Commission Resolution 2000-049 recommending to the City Council approval of Parcel Map 29791, subject to the findings and Conditions of Approval, as amended. a. Add a condition that denotes the specific location of vehicle displays for golf carts or vehicle uses on Buildings 2 and 4. b. Delete reference to automotive and motorcycle uses. 507 CAMy Documents\WPD0CS\PC7-25-00-wpd 10 103 Planning Commission Minutes July 25, 2000 ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. B. Specific Plan 88-012 and Tract Map 23995; a request of the La Quinta Redevelopment Agency, USA Commercial Mortgage, and Siena Del Rey, L C for repeal of the Specific Plan and modification of the Tract Map "C dition #39 by providing for the required Bikeway on the south side of th Whitewater Storm Channel and provide for an in -lieu fee for the constru tion of the Bikeway on the north side of the Whitewater Storm Channel, outh of Miles Avenue, west of Adams Street, and east of Washinqto Street. 1. Commiskoner Butler excused himself due to a possible conflict of interest and left the dias. 2. Chairman Rob in and Commissioner Tyler declared they owned property within 500 feet of the project and had discussed this with the City Atto ey and it was determined they had no financial gain and would they fore participate in discussion of the proposal. 3. Chairman Robbins ope ed the public hearing and asked for the staff report. Communi Development Director Jerry Herman presented the information ntained in the staff report, a copy of which is on file in the Com nity Development Department. 4. Chairman Robbins asked if th %evw, ere anyquestions of staff. Commissioner Abels asked who funding the bike path. Staff stated the parcels are required vide funding for the bikeway. 5. Commissioner Tyler stated this is one\aa he few tracts that has curved streets and should serve model for future developments. 6. Chairman Robbins asked if there was any of er public comment, There being none, Chairman Robbins closed the ublic participation portion of the hearing and opened the project for Commission discussion. 7. Commissioner phis were a private ap- pfic` nt would it an T statea tnat IT tnere waste .tor a specific plan no. In this case there is no need of the specific plan as the tract has already been built. 50P0104 CAMy Documents\WPDOCS\PC7-25-OO.wpd 11 TWY� 4 4 Q" COUNCIL/RDA MEETING DATE: August 15, 2000 Public Hearing for the Repeal of Specific Plan 88-012 and Modification to the Tact Map 23995, Condition #39 Providing for the Required Bikeway on the South Side of the Whitewater Storm Channel and Provide for an In -Lieu Fee for the Construction of the Bikeway to be Located on the North Side of the Whitewater Storm Channel, South of Miles Avenue, West of Adams Street and East of Washington Street RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 3 Adopt a Resolution of the City Council Repealing Specific Plan 88-012; and Adopt a Resolution of the City Council amending Tract 23995, Condition #39. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On September 6, 1989, the City approved a General Plan Amendment and Change of Zone adding a commercial parcel, a specific plan, and approved a tract map to allow 300 single family residential lots and four multi -family lots. The four multi -family lots permitted the construction of 736 units. In July 1994, the Commercially designated parcel was removed by an Amendment to the Specific Plan. The Redevelopment Agency on August 4, 1995, purchased the westerly 55 acres of the 133 acres. The 55 acres purchased by the Agency was originally intended to be developed with the 736 multi -family residential units. The remaining acreage is currently being developed with the 300 residential units. C:\My Documents\WPDOCS\ccjhpubhrg.wpd 5.13 On March 19, 1996, the City approved a Bicycle Transportation Plan which identified the Bike Trail along the south side of the Whitewater Storm Channel. Condition #39 of the tract map requires the development of the trail on the north side of the storm channel. Therefore, with the Agency exploring development options on the 55 acres, the Specific Plan is no longer necessary. The 300 residential units have been built, or are under construction. In order to be consistent with the current Bicycle Plan, Condition #39 of the tract map needs to be modified to provide a funding mechanism to pay for the construction of the Bikeway along the south side of the Whitewater Storm Channel. The modification of Condition #39 as drafted, allows in -lieu fees for the construction of the bikeway in the future, once the necessary easements have been obtained from the Coachella Valley Water District. Planning Commission Review: On July 25, 2000, the Planning Commission (Attachment 1) conducted a Public Hearing to consider the request and, on a 4-0-1 vote, they recommended elimination of the Specific Plan and modification of Condition #39 as recommended by staff. 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 Repealing Specific Plan 88-012; and adopt a Resolution of the City Council amending Tract 23995, Condition #39; or 2. Do not adopt the above Resolutions; or 3. Remand the applications to the Planning Commission for further consideration; or 4. Continue the request and provide staff with alternative direction. Respectfully submitted by, rmanorr�yH mmunity Development Director 002 C:\My Documents\WPDOCS\ccjhpubhrg.wpd Approved for submission by, Thomas P. Genovese, City Manager Attachments: 1. Planning Commission Draft Minutes of July 25, 2000. C:\My Documents\WPDOCS\ccjhpubhrg.wpd r A UO3 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REPEALING SPECIFIC PLAN 88-012 CASE NO.: SPECIFIC PLAN 88-012 APPLICANT: CITY OF LA QUINTA REDEVELOPMENT AGENCY, USA COMMERCIAL MORTGAGE, AND SIENA DEL REY, LLC WHEREAS, the City Council of the City of La Quinta did on the 151h day of August, 2000, hold a duly noticed public hearing to consider the request to repeal Specific Plan 88-012, located between Miles Avenue, Whitewater Channel, Adams Street, and Washington Street, and; WHEREAS, the Planning Commission of the City of La Quinta did on the 251" day of July, 2000, hold a duly noticed public hearing to consider the request to repeal Specific Plan 88-012, located between Miles Avenue, Whitewater Channel, Adams Street, and Washington Street, and; WHEREAS, said Specific Plan was previously reviewed and a Negative Declaration of Environmental Impact adopted in 1989, and no significant changes have occurred; WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to justify repealing the Specific Plan: 1. The property without the Specific Plan is still consistent with the goals and policies of the La Quinta General Plan in that the property designation will not change. 2. Repealing the Specific Plan will not create conditions materially detrimental to the public health, safety, and general welfare in that the property designation will not change . 3. The La Quinta Redevelopment Agency purchased 55 acres of the 133 acres on August 4, 1995. These 55 acres were intended to be developed under the Specific Plan with 736 multi -family apartments. Repealing the Specific Plan will eliminate the apartment approval. 4. The remaining acreage is or has been built with 300 single family residential units. Repealing the Specific Plan will not affect those residential units. 51� CAMy Documents\WPDOCS\ccresoSP88012.wpd 1 004 City Council Resolution 2000- Specific Plan 88-012 August 15, 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 in this case. 2. That it does hereby repeal Specific Plan 88-012 for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of August, 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; M. KATHERINE JENSON, City Attorney City of La Quinta, California 51 C:\My Documents\WPDOCS\ccresoSP88012.wpd 2 005 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TRACT MAP 23995 AMENDMENT #1, MODIFYING CONDITION #39 BY RELOCATING THE BIKE PATH FROM THE NORTH SIDE OF THE WHITEWATER STORM CHANNEL TO THE SOUTH SIDE BETWEEN ADAMS STREET AND WASHINGTON STREET CASE NO.: TRACT MAP NUMBER 23995 AMENDMENT #1 APPLICANT: CITY OF LA QUINTA REDEVELOPMENT AGENCY, USA COMMERCIAL MORTGAGE, AND SIENA DEL REY, LLC WHEREAS, the City Council of the City of La Quinta did on the 15th day of August, 2000, hold a duly noticed public hearing to consider the request to repeal Specific Plan 88-012, located between Miles Avenue, Whitewater Channel, Adams Street, and Washington Street, and; WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 25th day of July, 2000, hold a duly noticed Public Hearing to consider the request to modify Condition #39 relating to the location of the bike path between Adams Street and Washington Street; WHEREAS, said Tract Map was previously reviewed and a Negative Declaration of Environmental Impact adopted in 1989, and no significant changes have occurred; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did find the following facts and reasons to justify approval of said Tract Map Condition amendment: 1. The approved location of the Bikeway does not comply with the adopted Bicycle Transportation Plan of the City. 2. The amendment permits the payment of in -lieu fees for the future construction of the Bikeway. 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; C:\My Documents\WPDOCS\ccresoTT23995cd39.wpd /, 0 6 City Council Resolution 2000- Tract 23995 Amendment #1 August 15, 2000 2. That it does hereby approve Amendment #1 to Tract 23995 which modifies Condition #39 for the reasons set forth in this Resolution, subject to the new condition language as attached hereto; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 151h day of August, 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; M. KATHERINE JENSON, City Attorney City of La Quinta, California 511173 C:\My Documents\WPDOCS\ccresoTT23995cd39.wpd 007 City Council Resolution 2000- Tract 23995 Amendment #1 August 15, 2000 EXHIBIT "A" 39. The applicant shall provide fees in -lieu for the construction of an 8-foot Bikeway in accordance with Public Works standards. The Bikeway will be located along the south embankment of the Whitewater Storm Channel (within the Channel right-of-way) from Washington Street to Adams Street, subject to CVWD approval. 51C C:\My Documents\WPDOCS\ccresoTT23995cd39.wpd 0u8 ATTACHMENT 1 Planning Commission Minutes July 25, 2000 ROLL CALL: AYES: Commissioners Abels, Butl ns, Tyler, and Chairma ES: None. ABSENT: None. TAIN: None. B. Specific Plan 88-012 and Tract Map 23995; a request of the La Quinta Redevelopment Agency, USA Commercial Mortgage, and Siena Del Rey, LLC for repeal of the Specific Plan and modification of the Tract Map "Condition #39 by providing for the required Bikeway on the south side of the Whitewater Storm Channel and provide for an in -lieu fee for the construction of the Bikeway on the north side of the Whitewater Storm Channel, south of Miles Avenue, west of Adams Street, and east of Washington Street. 1. Commissioner Butler excused himself due to a possible conflict of interest and left the dias. 2. Chairman Robbins and Commissioner Tyler declared they owned property within 2,500 feet of the project and had discussed this with the City Attorney and it was determined they had no financial gain and would therefore participate in discussion of the proposal. 3. Chairman Robbins 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. 4. Chairman Robbins asked if there were any questions of staff. Commissioner Abels asked who was funding the bike path. Staff stated the parcels are required to provide funding for the bikeway. 5. Commissioner Tyler stated this is one of the few tracts that has curved streets and should serve as a model for future developments. 6. Chairman Robbins asked if there was any other public comment, There being none, Chairman Robbins closed the public participation portion of the hearing and opened the project for Commission discussion. 7. Commissioner Kirk asked if this were a private applicant would it be treated any different. Staff stated that if there was no need for a specific plan no. In this case there is no need of the specific plan as the tract has already been built. CAMy Documents\WPDOCS\PC7-25-OO.wpd 11 010 Planning Commission Minutes July 25, 2000 8. Commissioner Tyler asked if Century -Crowell Communities agreed to this change. Staff stated the Century -Crowell Communities and [NCO Homes have agreed and submitted letters in support of it. 9. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abets to adopt Planning Commission Resolution 2000-050 recommending to the City Council that Specific Plan 88-012 be repealed. ROLL CALL: AYES: Commissioners Abels, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. 10. It was moved and seconded by Commissioners Tyler/Abels to adopt Planning Commission Resolution 2000-051 recommending to the City Council approval of Tract Map 23995, Amendment #1, modifying Condition #39 to relocate the Bikeway form the north side of the Whitewater Channel to the south side between Adams Street and Washington Street. ROLL CALL: AYES: Commissioners Abels, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. Commissio er Butler rejoined the meeting. VI. BUSINE ITEMS: None. VII. CORRESPO ENCE AND WRITTEN MATERIAL: None. Vill. COMMISSIONE TEMS: A. Commissionerer gave a report of the Council meeting of July 18, 2000. B. Staff reminded the C missioners there would be another joint meeting of the City Council, A hitectural and Landscaping Review Committee and Planning Commission n September 26, 2000. The time was yet to be determined. C:\My Documents\WPDOCS\PC7-25-OO.wpd 12 51up oil: