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2000 09 19 CCTiht 4 4 Qum& City Council Agendas are now Available on the City's Web Page @ www.la-quinta.org City Council Agenda CITY COUNCIL CHAMBERS 78-495 Calle Tampico La auinta, California 92253 Regular Meeting Tuesday. September 19. 2000 - 2:00 P.M. CALL TO ORDER I. ROLL CALL Council Members: PUBLIC COMMENT Beginning Res. No. 2000-110 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. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL, PENDING LITIGATION, COACHELLA VALLEY WATER DISTRICT V. CITY OF LA QUINTA, RIVERSIDE COUNTY SUPERIOR COURT CASE NO. INC 010827. GOVERNMENT CODE SECTION 54956.9 (a) 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - DECISION WHETHER TO INITIATE LITIGATION - GOVERNMENT CODE SECTION 54956.9 (c). 3. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION, ROBERT M. READY AND HELEN B. READY V. CITY COUNCIL OF THE CITY OF LA QUINTA, RIVERSIDE SUPERIOR COURT CASE NO. INC 018982 - GOVERNMENT CODE SECTION 54956.9 (a). 4. CONFERENCE WITH LABOR NEGOTIATORS SKI HARRISON, MARK WEISS AND JOHN RUIZ REGARDING NEGOTIATIONS WITH LA QUINTA CITY EMPLOYEES ASSOCIATION (LQCEA) PURSUANT TO GOVERNMENT CODE SECTION 54957.7 MEET AND CONFER PROCESS. 001 5. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD (ASSESSOR'S PARCEL NO. 649-030- 057). PROPERTY OWNER/NEGOTIATOR: STAMKO DEVELOPMENT COMPANY 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. RECONVENE AT 3:00 P.M. II. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form 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. C«Zai�=71 ,Vas10I9]fx1d4 - L,1Z1 ll �.1:��1�L1s�1�►'�II►`1t�1i_�-'� 1. MINUTES OF THE MEETING OF AUGUST 15, 2000. ANNOUNCEMENTS PRESENTATIONS - None WRITTEN CORRESPONDENCE - None CONSENT CALENDAR Note: Consent Calendar Items are considered to be routine in nature and will be approved by one motion. APPROVAL OF DEMAND REGISTER DATED SEPTEMBER 05, 2000. 2. APPROVAL OF DEMAND REGISTER DATED SEPTEMBER 19, 2000. 3. APPROVAL OF TREASURER'S REPORT DATED JULY 31, 2000. 4. TRANSMITTAL OF REVENUES AND EXPENDITURES REPORT DATED JULY 31, 2000. 002 Page 2 5. APPROVAL OF THE ANNUAL REVIEW OF STAMKO DEVELOPMENT AGREEMENT. 6. ADOPTION OF A RESOLUTION ACCEPTING A DONATION OF A TECHNICS MODEL PR-51 PIANO FROM THE FRIENDS OF THE LA QUINTA SENIOR CENTER. 7. ADOPTION OF A RESOLUTION IN SUPPORT OF AMTRAK PASSENGER RAIL SERVICE INTO THE COACHELLA VALLEY. 8. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RJM DESIGN GROUP, INC. FOR THE PARKS AND RECREATION MASTER PLAN UPDATE. 9. APPROVAL OF ART PURCHASE AGREEMENT WITH WILLIAM WARE FOR THE CIVIC CENTER CAMPUS ARTWORK. 10. APPROVAL OF ART PURCHASE AGREEMENT WITH PETER LADOCHY FOR THE CIVIC CENTER CAMPUS ARTWORK. 11. APPROVAL OF ART PURCHASE AGREEMENT WITH SANDY SWAN FOR THE CIVIC CENTER CAMPUS ARTWORK. 12. APPROVAL OF EXPENDITURE OF ART IN PUBLIC PLACES FUNDS TO MAINTAIN THE LIGHTING SYSTEM FOR THE ART PIECE ON THE CORNER OF WASHINGTON STREET AND HIGHWAY 111. 13. APPROVAL OF JOINT MAINTENANCE AGREEMENT FOR THE WASHINGTON STREET MEDIAN FROM THE WHITEWATER CHANNEL TO FRED WARING DRIVE. 14. ADOPTION OF A RESOLUTION APPROVING A RECREATIONAL TRAILS PROGRAM GRANT APPLICATION FOR AN INTERPRETIVE SIGN PROGRAM FOR COVE AREA TRAILS. 15. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28838-3, REILLY HOMES. 16. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28838-4, REILLY HOMES. 17. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29283, RANCHO LA QUINTA. 18. APPROVAL OF A REQUEST FOR PROPOSALS TO PROVIDE DESIGN SERVICES FOR THE MONTERO ESTATES SOUND WALL. BUSINESS SESSION 1. CONSIDERATION OF PARTICIPATION IN THE "RELAY FOR LIFE" EVENT, OCTOBER 14-15, 2000. A. MINUTE ORDER ACTION. 2. CONSIDERATION OF ART PANELS FOR BUS SHELTERS. A. MINUTE ORDER ACTION. m ' Page 3 3. CONSIDERATION OF PURCHASE OF "GAMBY THE QUAIL" MASCOT COSTUME. A. MINUTE ORDER ACTION. 4. CONSIDERATION OF A REQUEST BY THE LA QUINTA CHAMBER OF COMMERCE TO ENTER INTO A SUBLEASE AGREEMENT WITH THE LA QUINTA ARTS ASSOCIATION. A. MINUTE ORDER ACTION. 5. CONSIDERATION OF THE HISTORIC PRESERVATION COMMISSION RECOMMENDATION TO APPROVE THE CULTURAL RESOURCES: COLLECTIONS MANAGEMENT PLAN. A. RESOLUTION ACTION. 6. CONSIDERATION OF AN APPOINTMENT TO THE CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE BI-MONTHLY WORKSHOPS. A. MINUTE ORDER ACTION. 7. CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING BETWEEN CVAG JURISDICTIONS AND WILDLIFE AGENCIES RELATED TO INTERIM SOLUTIONS FOR FRINGE - TOED LIZARD PERMITS. A. RESOLUTION ACTION. 8. CONSIDERATION OF PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE, AND AUTHORIZATION FOR STAFF TO RECEIVE BIDS FOR PROJECT 97-099, CIVIC CENTER CAMPUS IMPROVEMENTS. A. MINUTE ORDER ACTION 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. CULTURAL ARTS COMMISSION MINUTES FOR JULY 13, 2000. 16. COMMUNITY SERVICES COMMISSION MINUTES FOR JULY 10, 2000. 17. PLANNING COMMISSION MINUTES FOR AUGUST 22, 2000. 18. ARCHITECTURAL AND LANDSCAPE REVIEW COMMITTEE MINUTES FOR AUGUST 2, 2000. 19. INVESTMENT ADVISORY BOARD MINUTES OF JUNE 14, 2000 AND JULY 12, 2000. 004 Page 4 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. STATUS REPORT ON CITY'S MARKETING PLAN IMPLEMENTATION 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS. 4. BUILDING AND SAFETY DIRECTOR A. MONTHLY REPORT FOR AUGUST, 2000 5. COMMUNITY DEVELOPMENT DIRECTOR A. MONTHLY REPORT FOR AUGUST, 2000 6. COMMUNITY SERVICES DIRECTOR A. MONTHLY REPORT FOR AUGUST, 2000 B. CULTURAL ARTS COMMISSION SYMPOSIUM UPDATE. 7. FINANCE DIRECTOR 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER A. MONTHLY REPORT FOR AUGUST, 2000 9. POLICE CHIEF A. MONTHLY REPORT FOR AUGUST, 2000 10. FIRE CHIEF MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING VILLAGE AT LA QUINTA - COUNCIL MEMBER HENDERSON RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. PRESENTATIONS - None 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. 1:211-1_111[rl:L 1:3I►`C�� For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. 1. CONTINUED PUBLIC HEARING ON GENERAL PLAN LAND USE ALTERNATIVES. A. MINUTE ORDER ACTION. 005 Page 5 2. PUBLIC HEARING ON PROPOSED STREET CLOSURE OF AVENIDA MENDOZA SOUTH OF FRANCIS HACK PARK BETWEEN AVENIDA MONTEZUMA AND THE ALLEY. A. RESOLUTION ACTION. 3. PUBLIC HEARING TO APPROVE A REQUEST TO AMEND THE GENERAL PLAN (AMENDMENT 2000-069); SPECIFIC PLAN 90-015 (AMENDMENT NO. 3); SPECIFIC PLAN 90-017 (AMENDMENT NO. 1); TRACT 28838 (AMENDMENT NO. 1); TRACT 29136 (AMENDMENT NO. 1); AND TRACT NO. 29147 (AMENDMENT NO. 2); REQUIRING TO AMEND GENERAL PLAN POLICY 3-6.3.2 TO REQUIRE ARTERIAL STREETS TO HAVE SIDEWALKS ONLY ON ONE SIDE IF A MULTI -PURPOSE TRAIL IS REQUIRED ON THE OTHER SIDE OF THE STREET AND TO AMEND THE ABOVE NOTED SPECIFIC PLANS AND TRACTS TO ELIMINATE THE REQUIRED SIDEWALK ON THE EAST SIDE OF MADISON STREET, FROM NORTH OF AIRPORT BOULEVARD TO 58TH AVENUE. APPLICANT: KSL DEVELOPMENT COMPANY/FORREST HAAG. A. RESOLUTION ACTION(S) 4. JOINT PUBLIC HEARING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO CONSIDER AN AGREEMENT TO SELL AGENCY PROPERTY LOCATED AT 77-224 CALLE ENSENADA BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THOMAS BUFFIN. A. RESOLUTION ACTION 5. JOINT PUBLIC HEARING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO CONSIDER AN AGREEMENT TO SELL REAL PROPERTY LOCATED AT 53-125 AVENIDA RUBIO BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND JUAN AND ADRIANA MUNOZ. A. RESOLUTION ACTION ADJOURNMENT - Adjourn to a combined meeting to be held with the Community Services Commission the Cultural Arts Commission, the Historic Preservation Commission, the Investment Advisory Board, and the Planning Commission, Tuesday, September 26, 2000, in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92553. Next regular meeting will be held on Tuesday, October 3, 2000, in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92553. 1�� Page 6 wi e • 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 September 19, 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, September 15, 2000. DATED: September 15, 2000 JUN . GR EK, CMC 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. You've Got the Power! Register and Vote! To be eligible to vote November 7th, you must register to vote no later than October 10, 2000. Visirthe City Clerk's Office to request a voter registration form or phone us at 777-7000. 007 Page 7 T4ht 4 4 Qu&m COUNCIL/RDA MEETING DATE: SEPTEMBER 19, 2000 ITEM TITLE: Demand Register Dated September 5, 2000 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated September 5, 2000 BACKGROUND: Prepaid Warrants: 42187 - 421891 2,442.34 42190 - 42193) 51,042.98 42194 - 421951 1,193.08 42196 - 422041 6,038.71 42205 - 422071 776.86 42208 - 422161 1,020,150.60 42217) 66.50 Wire Transfers; 3,526,390.53 P/R 5504 - 5577; 89,736.49 P/R Tax Transfers; 24,478.08 CITY DEMANDS $2,557,288.98 Payable Warrants: 42218 - 423531 903,605.33 RDA DEMANDS 3,068,632.52 $5,625,921.50 $5,625,921.50 FISCAL IMPLICATIONS: Demand of Cash -City $2,557,288.98 Falconer,15nan4e Director M�66 CITY OF LA QUINTA BANK TRANSACTIONS 8/9/00 - 8/30/00 8/18/00 WIRE TRANSFER - DEFERRED COMP $5,631.65 8/18/00 WIRE TRANSFER - PERS $11,153.88 8/18/00 WIRE TRANSFER - CREDIT UNION $5,706.00 8/28/00 WIRE TRANSFER - DEBT SERVICE PMT - ASSESSMENT DIST $489,760.00 88-1 THRU 2000-1 8/29/00 WIRE TRANSFER - DEBT SERVICE PMT - RDA 1994 & 1998 $2,036,551.50 8/30/00 WIRE TRANSFER - DEBT SERVICE PMT - RDA 1995 $977,587.50 TOTAL WIRE TRANSFERS OUT $3,526,390.53 ire 9 ACCOUNTS PAYABLE - AP5005 CITY OF LA QUINTA CHECK NUMBER CHECK DATE CHECK REGISTER 3:03PM 08/30/00 BANK ID: DEF PAGE 1 VENDOR. PAYMENT NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 42218 08/30/00 &01145 CORONEL CONSTRUCTION 6.00 42219 08/30/00 &01160 KSL LAND III CORP 150.00 42220 08/30/00 &01161 INTERIOR SPECIALIST INC 8.23 42221 08/30/00 &01162 SLB DESIGNS 3.00 42222 08/30/00 &01164 SUSAN CALDWELL 44.00 42223 08/30/00 &01165 TONI DEARTH 22.00 42224 08/30/00 &01166 NANCY DUTHIE 22.00 42225 08/30/00 &01167 SHIRLEY HEDIN 44.00 42226 08/30/00 &01168 JUDY KABEARY 70.00 42227 08/30/00 &01169 PATTY STONE 50.00 42228 08/30/00 &01170 LAVINIA YOUNG 22.00 42229 08/30/00 &01171 GOVIND H LALANI 64.00 42230 08/30/00 &01172 JOSEPH GULLEY 13.38 42231 08/30/00 &01173 PAUL KEMP 13.38 42232 08/30/00 &01174 LANCE BARLOW 13.38 42233 08/30/00 &01175 RONALD ALLEN 13.38 42234 08/30/00 ACT050 ACT 1 75.00 42235 08/30/00 ACT100 ACT GIS INC 21845.00 42236 08/30/00 AME031 AMERICAN CANCER SOCIETY 2500.00 42237 08/30/00 AME051 AMERICAN PUBLIC WORKS 395.00 42238 08/30/00 AME200 AMERIPRIDE UNIFORM SVCS 52.32 42239 08/30/00 ARC100 ARCH 46.46 42240 08/30/00 ASCO01 A & S COFFEE SERVICE 414.00 42241 08/30/00 ATC010 ATCO MANUFACTURING CO 568.10 42242 08/30/00 AUT030 AUTOMATED TELECOM 657.47 42243 08/30/00 AZT200 AZTEC RENT -A -CAR 399.06 42244 08/30/00 BAN065 BANK OF AMERICA ESCROW 11632.52 42245 08/30/00 BES100 BEST BUY CO INC 1185.93 42246 08/30/00 BRI100 BRINKS INC 275.40 42247 08/30/00 CAD010 CADET UNIFORM SUPPLY 206.86 42248 08/30/00 CAL031 CALIF PARKS & RECREATION 280.00 42249 08/30/00 CAL065 CALIF JOINT POWERS INS 150.00 42250 08/30/00 CAM050 CAMPBELL ENTERPRISES 92.08 42251 08/30/00 CEN010 CENTURY FORMS INC 68.94 42252 08/30/00 COA030 COACHELLA VALLEY INSURANC 229.00 42253 08/30/00 COA071 COACHELLA VALLEY PRINTING 689.06 42254 08/30/00 COA073 COACHELLA VLLY RECREATION 3371.81 42255 08/30/00 COS050 COSTCO BUSINESS DELIVERY 1266.15 42256 08/30/00 COS060 COSTCO WHOLESALE STORE 500.52 42257 08/30/00 CVA010 C V A G 50000.00 42258 08/30/00 CVI100 C V INDUSTRIAL & AG SUPP3 130.70 42259 08/30/00 DES016 DESERT COUNCIL FOR AGING 4000.00 42260 08/30/00 DES018 DESERT ELECTRIC SUPPLY 515.05 42261 08/30/00 DESO40 DESERT JANITOR SERVICE 4614.50 42262 08/30/00 DES060 DESERT SUN PUBLISHING CO 3638.85 42263 08/30/00 DES065 DESERT TEMPS INC 5363.68 42264 08/30/00 DIE040 DIETERICH INTERNATIONAL 57246.50 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 3:03PM 08/30/00 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 42265 08/30/00 DLO100 DLO ENTERPRISES INC DBA 2864.64 42266 08/30/00 DOU200 LES DOUGLAS 482.30 42267 08/30/00 FIE020 FIESTA FORD INC 51.72 42268 08/30/00 FIR007 FIRST AID SELECT 170.14 42269 08/30/00 FIS050 FISHER BUSINESS SYSTEMS 132.53 42270 08/30/00 GAS010 GASCARD INC 313.74 42271 08/30/.00 GAT020 GATEWAY BUSINESS 1808.66 42272 08/30/00 GE0010 GEORGE'S GOODYEAR 10.00 42273 08/30/00 GL0075 GLOBAL MURAL CONF 2000 100.00 42274 08/30/00 GRA010 GRANITE CONSTRUCTION CO 38.84 42275 08/30/00 GRE100 JUNE S GREEK 77.00 42276 08/30/00 HEG050 JIM HEGGE 839.00 42277 08/30/00 HEN050 TERRY HENDERSON 69.54 42278 08/30/00 HOA010 HUGH HOARD INC 13321.93 42279 08/30/00 HOM030 HOME DEPOT 1096.28 42280 08/30/00 HON050 DAWN C HONEYWELL 13739.50 42281 08/30/00 IMP100 IMPACT SCIENCES INC 1434.70 42282 08/30/00 JAS100 JAS PACIFIC 11705.20 42283 08/30/00 JPRO10 JP REPROGRAPHICS 188.94 42284 08/30/00 KEL010 KELLY SERVICES INC 2100.65 42285 08/30/00 KIN100 KINER/GOODSELL ADVERTISNG 1458.45 42286 08/30/00 KRI100 BRUCE KRIBBS CONSTRUCTION 7951.00 42287 08/30/00 KUS050 KUSTOM SIGNALS INC 5692.26 42288 08/30/00 LAQ008 LA QUINTA ARTS ASSOC 4000.00 42289 08/30/00 LOG020 MARK LOGAN LANDSCAPE INC 816.67 42290 08/30/00 LOS050 LOS ANGELES TIMES 33.12 42291 08/30/00 LUB050 LUBE SHOP 27.74 42292 08/30/00 LUN050 LUNDEEN PACIFIC CORP 40346.69 42293 08/30/00 MCK010 McKESSON WATER PRODUCTS 489.96 42294 08/30/00 MOM100 MOM'S GAS STATION 1267.19 42295 08/30/00 MUN010 MUNI FINANCIAL SERV INC 3102.28 42296 08/30/00 NAD100 JACK NADEL INC 3464.69 42297 08/30/00 NAW010 RON NAWROCKI 3400.00 42298 08/30/00 NEX010 NEXTEL COMMUNICATIONS 2650.33 42299 08/30/00 NIC101 NICKERSON & ASSOCIATES 7077.50 42300 08/30/00 OFF005 OFFICE DEPOT INC 265.93 42301 08/30/00 PAG100 PAGENET 281.73 42302 08/30/00 PAL010 PALM SPRINGS DESERT RESRT 107029.00 42303 08/30/00 PAR200 PARK WEST LANDSCAPE INC 4518.75 42304 08/30/00 POS030 POSTAL CONNECTION OF 5.73 42305 08/30/00 PRE005 PREMIERE PROPERTY SERVICE 395.00 42306 08/30/00 PRI020 THE PRINTING PLACE 191.80 42307 08/30/00 PUR100 PURKISS ROSE-RSI 1080.00 42308 08/30/00 PVP100 PVP COMMUNICATIONS INC 1251.04 42309 08/30/00 RAL050 RALPHS GROCERY CO 34.93 42310 08/30/00 RAN040 RANDAL'S PLUMBING 542.54 42311 08/30/00 RAS020 RASA - ERIC NELSON 5670.00 42312 08/30/00 RIV080 RIVERSIDE COUNTY HEALTH 1340.00 42313 08/30/00 RIV100 RIVERSIDE COUNTY SHERIFFS 235950.34 Oil 1 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME 42314 08/30/00 RJT010 RJT HOMES, LLC 42.315 08/30/00 ROB200 SCOTT ROBERTSON 42316 08/30/00 ROS010 ROSENOW SPEVACEK GROUP 42317 08/30/00 RUI100 JOHN RUIZ 42318 08/30/00 SAN023 SAN DIEGO BUSINESS JOURNL 42319 08/30/00 SAX100 SAXON ENGINEERING SERVICE 42320 08/30/00 SCA050 SCAN/NATOA 42321 08/30/00 SCA200 JAMES SCARCELLA 42322 08/30/00 SIM025 SIMON MOTORS INC 42323 08/30/00 SKY200 SKYTEL 42324 08/30/00 SMA010 SMART & FINAL 42325 08/30/00 SM1010 MARILYN SMITH 42326 08/30/00 SMI300 SMITTY'S DIESEL TRUCK/RV 42327 08/30/00 SOCO10 THE SOCO GROUP INC 42328 08/30/00 SOU007 SOUTHWEST NETWORKS, INC 42329 08/30/00 SOU010 SOUTHERN CALIF GAS CO 42330 08/30/00 SOU100 SOUTHLAND GEOTECHNICL INC 42331 08/30/00 STA045 STAN'S AUTO TECH 42332 08/30/00 STA050 STAPLES 42333 08/30/00 SUN200 SUNSHINE MEDIA INC 42334 08/30/00 TOP010 TOPS'N BARRICADES INC 42335 08/30/00 TRA020 TRANSAMERICA INTELLITECH 42336 08/30/00 TRA200 STEVEN TRAXEL 42337 08/30/00 TRIO10 TRI LAKE CONSULTANTS INC 42338 08/30/00 TRI100 TRI STATE LAND SUVEYORS & 42339 08/30/00 TR0050 GREG TROUSDELL 42340 08/30/00 TRU010 TRULY NOLEN INC 42341 08/30/00 ULT100 ULTIMATE INTERNET ACC INC 42342 08/30/00 UNI200 UNITED RENTALS 42343 08/30/00 USB100 US BANK 42344 ** AP CHECK RUN VOID ** 42345 08/30/00 USO100 US OFFICE PRODUCTS 42346 08/30/00 UUN100 UUNET 42347 08/30/00 VAN075 VANDORPE CHOU ASSOC INC 42348 08/30/00 VON010 VON'S C/O SAFEWAY INC 42349 08/30/00 WAL010 WAL MART STORES INC 42350 08/30/00 WIN010 WINSTON TIRES 42351 08/30/00 XER010 XEROX CORPORATION 42352 08/30/00 YEA100 E.L. YEAGER CONST CO INC 42353 08/30/00 YOU100 YOUNG ENGINEERING SERVICE CHECK TOTAL 3:03PM 08/30/00 PAGE 3 PAYMENT AMOUNT 25450.00 77.00 34071.95 83.35 69.00 6895.00 75.00 300.00 20.41 30.65 161.53 37.21 377.07 76.10 6806.92 25.30 690.00 487.15 298.44 35.00 22.84 140.74 100.00 23495.50 1000.00 26.88 70.00 20.00 3042.32 9737.50 3377.82 1565.00 2812.50 14.97 191.72 232.06 2045.01 104692.65 11102.05 903,605.33 012 5 H M N c N M v N lD r m Ol O rz E+ Z 0 0 C) 0 M x m V M M M M m m m m m m m m m o w E+ N N N N N N N N N N N N N C7 91 m m m ao m m m m m eo m m m a s m F E+ E E F+ E E. E. E F. E E-F E- C) O M O O O O O O O O O O N E. 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U U H Qi z w w Qi O H O x x 0 z U U U Z z H to w Z Z W > > o a a m a w w w H 0 % O w l z z E m m H w H 1 1 H Z O O � O O H x FC Z 04 < W ao a O o w E rx r r W c c W Ln u7 E O Z O o ID Z vn c O O M Mm U v H H r1 0 0 W W U U H H a: a w w M o (7 U O Z Z Ln H H � w w ww 1 H H W El (D U' a z z z a � w w a 0 0 0 a 0 O O co E Lu z a] �+ Z O > o 0 o 0 Oa >1 U E p O O O � U 0 a W co i O E 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.*** 11:08AM 08/28/00 PAGE 1 PAYMENT AMOUNT 42217 08/28/00 RIV040 RIV CNTY DISTRICT ATTORNY CHECK TOTAL 66.50 66.50 032 25 z d o FF Z 0 0 m N \ H � 00 U O W E 0 < rn £ a M E-E rn N O O F Ln z E W Z 0 E O � >+ O FC O Ln o � H x H Z 0 E. O I O W + E+ U F >•+ O H rn O > fx .,1 W z U 0 Z H In W w a > o \ rn a w w H O fx O w > I > w z z E O H z 0 H a' a z a � m w m a I O o w E c� o w o m o E O � Z N N E Z O O O O o U U H � O N z a O E+ E ) O F O U In H a x FC F I H W H a z N W H F a O z N a U a x GL O a o H to z fY o z > o O a• O r o U E > U H H � U a O N 033 26 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:07PM 08/25/00 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 42208 08/25/00 &01163 ROSLYN TARADASH 45.00 42209 08/25/00 AME075 AMERICAN RED CROSS 25.00 42210 08/25/00 COA080 COACHELLA VALLEY WATER 17465.52 42211 08/25/00 GTE010 GTE CALIFORNIA 150.58 42212 08/25/00 HEN050 TERRY HENDERSON 1010.00 42213 08/25/00 IMPO10 IMPERIAL IRRIGATION DIST 14762.36 42214 08/25/00 STE070 STEWART ESCROW 615.00 42215 08/25/00 VER200 VERIZON 303.04 42216 08/25/00 WAS020 WASTE MGMNT OF THE DESERT 985774.10 CHECK TOTAL 1,020,150.60 034 27 Z O .--I N M C' 1f) <o r m m 0 N M T 1n tO r m M O .-i N a' m H H e r-1 r-I r-1 r-i N N N a O E. z 0 0 Ln N m U C7 C7 C7 C7 C7 C� C7 C7 U' C7 V' U' C7 C7 C7 (.� (.� C7 C7 (7 C7 U' C7 o w E £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ Qa CA E F F F F H H E H H H F H F H F F F H F F F E- a£ C) O m o) a> m H O r- m 01 O m M O O N O r O O .-/ m C V' Ln O r O7 m N In to M m Lo �f'1 M C m m O m z E. . . . . . . . . . . . . . . . . . . . . . . . w z � to H .--� N m 4 m N O) r r r1 m N m r to O O .-1 01 m (N r O) N if) <O .--1 N M O c N N M M N N m v m N �+ O to rn o 1n o r o �a N H r-1 0) a O O N OD O O O to 1f) O to lf) L' O O V' N to d) w r1 c H Z o rn r O -4 u) '+ U a Lo a Q c.) 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W O; U U U U U U U U U U U U C7 C7 C7 V' H H... z 0 > M Ln o o o 0 0 0 0 0 0 o o 0 0 0 0 0 O o o o o D tD r m m m m m m m m m m m to r1 1-1 O >+ r o 0 0 0 o o o o 0 o o o o o o 0 o 0 o 0 o 0 U E+ W < < < < < < < 4 < < < w W W W W Z a a a a U H O O O O o 0 0 0 0 0 0 0 E E E E-E E+ W ££££ < U w U U U U U U U U U U U 0 U' U' 0 0 x H H H H 035 28 z M n D r m ON H N M O c Ln �o r m m N N N N N N N M M M v' M M M M M M O F Z C. O N 11 m N U C7 C7 C7 C7 C7 C7 C7 C7 O C7 C7 CJ O C7 U' C7 C7 O W H £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ U a✓r W W W W W W W W W W W W W W W W W £ < m E+ E+ E+ E-F F E+ El E. E. F E E+ E+ E+ F F F a CL rn LO m O r to 0 O to to to to v' ul N to O r-1 E+ uO m m m 0) O C. r r r r .-+ r r r~ m Z E W z Ir o ri r rn m m* £ O r M N M In M '-I r r r r N m Ln to O r-1 �+ 0 V' Ln .--I N N N to r N (n m N ID H r-1 H N m m - M CL r c M H N to H 1 1 I I 1 tD O C H O M O O H N U n M V Z o r r kD M r v >+ in W m > m z o o O o O o O O O O O O O rn U a a s a rn rn rn rn rn a M >>>>> o a o o a s ao o E O E H E. H F F E F F U F U U U U H a U U U U U U m x > > > > OH H H H H H H O >� O m In m m O E+ E-E F F F F O >% a a z a a a❑ a❑ ❑ a m a a a Dc ❑ Hu) a a n n a n u u u u u u w f-4 w z z z z w w w w w w w w w> E. > 0 0 0 0> 0 0 0 0 0 0> ❑ a a a a a a w m cn m cm x oa a s os a cn w w w w w w h a s n. a a s nl (L n. CL W w U W O H ❑ Cn o • w W o D o o o o rn o r m > I > m O 0 O O 0 O r N H H m c m C m ❑ '£J" w a z a a a 0) P Vim' H Z < r1 4 FC KC < ❑ > > > > > > r Ln Ln Ln ui a a m w m a I O o E. F CL' O Cn N M VD O O O O O H O to ri O O w O H M o 0 ID l0 O O O O O N O O O m O l0 l0 to l0 lD O O O O O N O m M m M O O r r r r r N ul in M lD N H M r-1 Z z CN N N N N N N O) m fn M (1) M M O ill r♦ ID w-q l0 �D ID l0 lO 10 l0 lO l0 N C N N Q' N N V' E Z M -I- m M M cl M O O O O O O if) Ln Ln �n N Ln Ln m �f) Ln �n Ln O O O O O O lD .-1 H H H O O O O O O U U H H r-i r-i r-i H r-i O O O o o o o O O O O O O O o O O F F F H F Ela s Ix OF a z m m m m m W W W W W W H H H H H H H (n (n (n (n (n (n ❑ ❑ ❑ ❑ ❑ ❑ W W W W w W M O O O O O O W W W W W W O H H x Z' O F E, F� E� E, E� F H E.E. F E' F F � � � a rt; H H H H H H O O O O O O O 1 a a z z 0G z U F F F E E E F H H H H H H W W £ £ £ x x x m H a E Z Z z Z ££££££ a' D H H H H H H H H H H H (x O O O O Q W W W W W W H H H H E F E E F F a 4 0 a a a w a n. w w a a rn cn m m m cn a ❑ ££££££ E w w W w w W rt s a H H H H H H cn - > > > > F CL w Z O > o 0 0 0 0 0 o O o 0 o O o 0 0 0 0 5 1-4 H H r-i 1-1 r-I r O O O O N N N N N N 0 > o 0 0 0 0 O o N N N N O O O O O O U F CL CL CL C. CL CL w a a a a to Cn M Cn m Cn U H ££££££ E+ w w W W Q rl rt rL Q Q > > > 3 3 3 3 3 3 0 H 0 N O a El H O El E-E z W £ a a 036 29 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 42205 08/22/00 APA100 APA 2000 REGION VI CONF 42206 08/22/00 GTE020 GTE TELEPHONE OPERATIONS 42207 08/22/00 NAT025 NATIONAL NOTARY ASSOCIATI CHECK TOTAL 4:42PM 08/22/00 PAGE 1 PAYMENT AMOUNT 60.00 519.18 197.68 776.86 037 30 Z 17 E+ z 0 Cl N N x m U O W F U ca £ FC m a w Ln v H z E+ w z £ o >+ O a w H U 0+ H a O H > a z U H (n W ❑ W G. H ❑ z O W > I > m z z £ H z � x FC z a a m W m x 1 O O (ti E a W m 0 z E z O O U U - N M V C7 C7 C7 0 £ £ £ £ W W W W H F E E O O m m O O - 0 0 o rn r 0 m ao o � � o rn r rn z z O O H U1 E- a a w a H W E+ F O O O E a E+ VL4 E+ H H W W O w O O a a ❑ z ❑ r ❑ w w w w w w w > > > O O z O U U H z z a W U 0 0 0 0 0 0 0 0 0 0 0 0 r r rn r- (1) O (+) ti N M r O O Ln O C a N ti ti C) C. 0 0 0 C. H m E Gu Cu z S z z o H O O H U U U E. O m H H Cn > > W r 124 z z O N O O a (7 (7 z E. W W O O a a x z a 0 o W a 0 0 .7 O O w z z N N E O H < Q 0 z 0 0 o u� O O N N 0 0 Q r� w F a a E Q a a 0 z ID OD r r AIO' 31 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.*** 42196 08/17/00 AME033 AMERICAN EXPRESS 42197 08/17/00 GOL100 GOLFBOX.COM 42198 08/17/00 INT005 INTERNAL REVENUE SVC-ACS 42199 08/17/00 LAQ050 LA QUINTA CITY EMPLOYEES 42200 08/17/00 RIV040 RIV CNTY DISTRICT ATTORNY 42201 08/17/00 SOU033 SOUTHERN CAL ASSOC CODE 42202 08/17/00 SUP100 SUPPORT PAYMENT CLEARING- 42203 08/17/00 UNIO05 UNITED WAY OF THE DESERT 42204 08/17/00 USPO10 U S POSTMASTER CHECK TOTAL 4:11PM 08/17/00 PAGE 1 PAYMENT AMOUNT 159.46 3558.25 50.00 338.00 493.00 120.00 150.00 144.00 1026.00 6,038.71 039 32 M OD V' N of 0 a O E. Z 0 O r \ x V rn of L7 rn (n (� CD C) o W F £ x £ x rn of (n m £ ££ x C7 W W rn rn W m rn m rn W W W W m m E F F F H F F F E F E u� kO ul 0 0 0 0 0 M E c N O O O O O o 0 0 f- Z F W Z m as O W M 0 O v O l0 m O Ul Ln u1 M 01 In C O N M >4 O .-a N M r O w .n o 0 0 0 o O o v' N O O O O O O O rn U co U) O O ao 0 ri 0 o a o c �o 7 .n W T) u) 0 M m a N O u) V N Ff \ Ln a M , v < U) H ti O E a M O O H a < E. U 1 h 3 x W x \ x E+ u) u) U) C7 u) u) co z a H U H O H W w w W O Z Z a Z F a s £ a N a a a a a a a a a a .1 ., a '.� •,� a N E E Z a E-u .] E (D E Cu E (D H 5 F U U E ow O H O \ O i o 1 0 1 0 H O 1 0 i o 0 0 0 W H < E U) E E 4 • E, . F E E+ E-E E 4 a a E U E+ x `4 4 4 4 a 4 4 W CO H (L U a a a J-) a JJ a 4) a w a JJ a 1) a \ a O H O < O u) O u) O u) O U O u) 0 v) O w W 0 > a w o W 0 •.i 0 •H 0 H 0 \ 0 -.-1 o O U' C7 0 z U U Z z o z o z o z u) z o z o Z << Z H co H W C.. w w w W H W W w El W W[-4 > .4 > a > a > a > C7 > a > a > U) u) > 1 0 [.. O \ \ \ w \ \ O O U) O U a a a a a a a s o H o a 004 o w > i > w w aj H z O 0 H x E. a z a Q m w w a o o w E a O N O O O 0 O O H 0 W O N O O O O O O H 0 m O N O O O O O O N O o .--� M .•a M H r .� u7 ul Lr) z o c N N N rM N N Lr) c r \O N N N �o N N N �o F. z r-1 M O 0 O N O 0 O H o Ln 0 O O 0 ul O 0 O N O r-1 e-i O O O M O O O N U U r.� 0 o O o O o 0 0 0 0 N i U) u) z z 0+ W O 0 H W OU co U O E < w a o M u) Rai U .W-1 O £ E O V W O u) W W U u) x Ln V1 H U) E E, a z.7 FC W E F [ 1.. W W X £ w U r�-i < N O uu)j u) E W o au 0 a W a U) S E. W �-+ < X < Z E-a E < o U O z H z W a 0 O O a s m V s a a 54 W a E. a4 Ela a o w `) `) o z < o o z W (D H .4 a U) u) O O O F [.. Z O > M 0 u) O O M O in O 0 O M O o ul v Cl O O O ?. O e-1 0 0 O O H o O O U E. w .7 F Ol > 0 a H a s U" £ O z ry H o 0 z u) U) U FL 0 H a a U) co M D 040 33 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE N.O. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 42194 08/15/00 CIR010 CIRO'S RESTORANTE 42195 08/15/00 LAQ040 LA QUINTA CHAMBER COMMERC CHECK TOTAL 2:06PM 08/15/00 PAGE 1 PAYMENT AMOUNT 193.08 1000.00 1,193.08 041 34 N ' d O E. z 0 0 O W E £ £ V rC W w £ FC m F F w a c c m o m E-H O O O z E-E w z m O r £ m Ol O 0 N O H O r a m o 0 0 C4 o a rn o o C7 � U o F E- z O H to F F W [4 E. W O z £ N w FC £ W FC £ < < z Z E-F z F n O z 0 O O w H H F H E. U E. O E-E °H o a o o > pL H ❑ E. ❑ H u) z W H w W 0 to U rx ❑ w fi H U W < H ❑ a a O • w > I > m w z z £ m H ❑ H � I H z O ❑ E+ H x z o < m w m a 1 O O w F x o 0 w o 0 m o 0 £ � r r Z M m F z 5 1O O O U U < o 0 U a w £ O U rn o W O Elw W Ln04 Z m a < O S 1 F U m W E. W < a z a El m H z !C J u H r a � a a o a w < O Cli a ❑ m z L) U a F G. W z O > o 0 H c. O o 0 El U F a a U H H < U U a 042 35 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:34AM 08/11/00 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.*** 42190 08/11/00 CAL040 CALIFORNIA VISION SERVICE 1198.35 42191 08/11/00 CAN050 CANADA LIFE ASSURANCE CO 511.13 42192 08/11/00 PRI050 PRINCIPAL MUTUAL 49280.62 42193 08/11/00 TRA030 TRANSAMERICA INSURANCE 52.88 CHECK TOTAL 51,042.98 043 36 N N E+ Z 0 0 O w F Im F F El H F m f M c' m m O E M r-I (n N m r+ Z E. W z m r rn N E =) m rl f- O ul >+ O N 0 M a � Ln M N m M l0 m m O N rn m Ln Ln N � rn c a a a a Q a Q a 0 0 0 0 0 W �-+ cn E+ E rj) En E. W EE U E z z z z H a " a cn a -- w - Z > 0 - 0 0 0 z z m .4 0 of OH rZi w W w rE-7 EE-F w w w w m > a > z > > 0 m > a s o a O r-i 6L c I I C. O w c 0 0 0 > I > [A I` I` N z lr0 O O H p x p H z O o c z z O w � w w w a 0 0 w E+ x o 0 0 0 0 w o 0 0 0 0 m o 0 0 0 0 E O (n (` M r Z M M m M M M N N N N N E Z O O O O O O O O O O O O O O O O O U rs CD O o c) c) 0 (D 0 r-1 r-I r-I r-I r-1 W U O I-+ V > w a w U W V z W z M 0 z O o z a cn cn H r.0 r-I rt El E. > 0 0 a a z z a W w H x a s N Od V U to < z F-I r1 z Z Z a s 0 < a s a w V U a s E F G. z 0 > 0 0 0 0 0 v u'I u) al M O N 0 0 C. 0 0 a u u v a s E- 044 3 'i 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.*** 42187 08/09/00 DES300 DESERT WILLOW GOLF RESORT 42188 08/09/00 GEN100 THOMAS P GENOVESE 42189 08/09/00 WEL025 WELLS FARGO BANKCARD CHECK TOTAL 2:52PM 08/09/00 PAGE 1 PAYMENT AMOUNT 160.00 1716.72 565.62 2,442.34 0 4 pow 38 w H H w O H > U W W (s. U w H ❑ a O W > I > co z z E H ❑ H O H z ❑ H x a z a a w W m a 1 O O c� E W 07 E a z H z O O U U a .--1 N M V' N �0 r x E E E x E E EW-F E ElEW -E F E F O N N N O O N Y O Cl m O O O l0 M O N O O c (N 0) N to rl O o O 01 v' f-1 N to to N N O N N O r a 0 0 Lrn a a rl r N F O E F+ U) z W W a 0 0 0 14 U U U4 .a N v v v a U) F F H H W F OE O OE W m m m E w w z WF. ai H H H a £ z ai 3 0 -,-, O -,-, H O i w w Z Z w w w Z CO W > > > W > > W W > r� r� > r§ E > I CaY F z E F E F .4 ❑ H C) C) C a O O O w D O l0 l0 t0 Wro c cN v I N N N O c a c F O O O O O O O O O r r r M M M � O O M N Ln O O O r-i 0) 01 r•1 N to O O O r Vr V W W W U) m m W W W 0 0 0 z z z 0 0 U a a a 000 o O o w w m F F H O o O o O O rl r-1 f-1 z z z W W W C7 C7 C7 O O O O O C. O O Cl r r r M M M � O � N N O O O ri r-I r-1 O O O r-I r-I rl ❑ ❑ ❑ a a x a a a U U U a4 x x z z z a a a W 0� Gl O O O 0 c9 U a a a a a a [a.i Cu Cu cn m cn w a w w w W 3 3 3 N N N N N N O O O a a a W W W 3 3 3 046 39 A/P - AP6002 CHECKS TO BE VOIDED 2:49PM 08/29/00 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 42124 DEF 08/03/00 225.00 ICB100 ICBO - COACHELLA CHAPTER REGISTRATION/SEMINAR TOTAL VOIDED 225.00 047 40 A/P - AP6002 CHECKS TO BE VOIDED 3:14PM 08/11/00 CITY OF LA•QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE NUMBER ID DATE 42074 DEF 08/04/00 TOTAL VOIDED VENDOR VENDOR AMT. PAID NUMBER NAME 275.00 &01160 KSL LAND III CORP 275.00 INVOICE DESCRIPTION BUSINESS LIC OVERPAYMENT M -1 41 T4ht 4 4Q" COUNCIL/RDA MEETING DATE: SEPTEMBER 19, 2000 ITEM TITLE: Demand Register Dated September 19, 2000 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated September 19, 2000 BACKGROUND: Prepaid Warrants: 42354 - 423811 93,903.85 42382 - 423841 2,360.97 42385 - 423921 6,929.75 Wire Transfers) 1,027,237.67 P/R 5578 - 5650; 91,557.73 P/R Tax Transfers; 25,202.40 CITY DEMANDS Payable Warrants: 42393 - 42533} 1,116,960.09 RDA DEMANDS $2,364,152.46 FISCAL IMPLICATIONS: Demand of Cash -City $2,106,515.72 $2,106,515.72 257,636.74 $2,364,152.46 049 CITY OF LA QUINTA BANK TRANSACTIONS 9/1/00 - 9/13/00 9/1/00 WIRE TRANSFER - DEFERRED COMP $5,631.65 9/1/00 WIRE TRANSFER - PERS $10,869.52 9/1/00 WIRE TRANSFER - CREDIT UNION $5,806.00 9/8/00 WIRE TRANSFER - RDA ESCROW $50,000.00 9/8/00 WIRE TRANSFER - JEFFERSON ST PROJ - FUNTA PROPERTY $52,883.00 9/8/00 WIRE TRANSFER - JEFFERSON ST PROJ - RODARTE PROPERTY $68,785.00 9/12/00 WIRE TRANSFER - JEFFERSON ST PROJ - COLE PROPERTY $260,990.00 9/13/00 WIRE TRANSFER - RDA ESCROW $50,000.00 9/13/00 WIRE TRANSFER - RDA ESCROW $50,000.00 9/13/00 WIRE TRANSFER - DEBT SERVICE PMT - 96 CIVIC CENTER DEBT SVC $472,272.50 TOTAL WIRE TRANSFERS OUT $1,027,237.67 050 9 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:37AM 09/13/00 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.*** 42393 09/13/00 &01171 GOVIND H LALANI 236.00 42394 09/13/00 &01176 JULIE COLLUMS 55.00 42395 09/13/00 &01177 STEVE DODSON CONSTRUCTION 40.00 42396 09/13/00 &01178 LORENA ERRANTE 150.00 42397 09/13/00 &01179 LA MOINE LADD 15.00 42398 09/13/00 &01180 LORNA LEWIS 25.00 42399 09/13/00 &01181 GRISELDA SANCHEZ RIOS 45.00 42400 09/13/00 &01182 RAY MARTIN DESIGN 10.00 42401 09/13/00 AlRO01 A-1 RENTS 280.71 42402 09/13/00 ABL001 ABLE RIBBON TECH 135.40 42403 09/13/00 ACE010 ACE HARDWARE 575.16 42404 09/13/00 AER050 AERO LAMINATORS 53.99 42405 09/13/00 ALC050 BOB ALCALA 42.00 42406 09/13/00 AME100 AMERICAN SOCIETY OF CIVIL 84.00 42407 09/13/00 AME175 AMERICAN FORENSIC NURSES 105.00 42408 09/13/00 AME200 AMERIPRIDE UNIFORM SVCS 159.02 42409 09/13/00 AND050 ANDY'S AUTO REPAIR 750.46 42410 09/13/00 ARC100 ARCH 46.46 42411 09/13/00 ATT075 AT&T WIRELESS SERVICES 398.34 42412 09/13/00 AUT030 AUTOMATED TELECOM 429.50 42413 09/13/00 BAN150 BANK OF NEW YORK 1500.00 42414 09/13/00 BER150 BERRYMAN & HENIGAR INC 11122.50 42415 09/13/00 BI0100 BIO TOX 64.90 42416 09/13/00 BUI010 BUILDING HORIZONS 80000.00 42417 09/13/00 CAD010 CADET UNIFORM SUPPLY 298.46 42418 09/13/00 CAL175 CAL-SURV 1575.00 42419 09/13/00 CAR050 CAREER TRACK 125.00 42420 09/13/00 CAR300 CARQUEST 405.58 42421 09/13/00 CEN010 CENTURY FORMS INC 68.82 42422 09/13/00 CEN050 CENTURY CROWELL 3.50 42423 09/13/00 COA021 COACHELLA VALLEY ECONOMIC 5000.00 42424 09/13/00 COM015 COMPUTER U LEARNING CENTR 825.00 42425 09/13/00 C00300 VALI COOPER & ASSOC INC 24956.24 42426 09/13/00 COS050 COSTCO BUSINESS DELIVERY 642.56 42427 09/13/00 CVI100 C V INDUSTRIAL & AG SUPP3 658.24 42428 09/13/00 DEP150 DEPARTMENT OF JUSTICE 35.00 42429 09/13/00 DES018 DESERT ELECTRIC SUPPLY 409.33 42430 09/13/00 DES060 DESERT SUN PUBLISHING CO 2390.70 42431 09/13/00 DES065 DESERT TEMPS INC 1453.40 42432 09/13/00 DIS020 DISASTER TIME LINE 20.00 42433 09/13/00 DLO100 DLO ENTERPRISES INC DBA 2387.20 42434 09/13/00 DOU200 LES DOUGLAS 37.10 42435 09/13/00 EAG100 EAGLE/HOUSEHOLD BANK FSB 112.50 42436 09/13/00 EAS050 EASTERN INFORMATION CTR 495.00 42437 09/13/00 ECO150 ECONOMIC DEV AGENCY 10000..00 42438 09/13/00 EIS010 EISENHOWER IMMEDIATE CARE 155.00 42439 09/13/00 EQUO10 DALE EQUITZ 50.00 051 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:37AM 09/13/00 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER "" DATE NO. NAME AMOUNT 42440 09/13/00 EVA050 DAVID EVANS & ASSOC INC 5372.82 42441 09/13/00 EXP200 EXPRESS DETAIL 1065.00 42442 09/13/00 FED010 FEDERAL EXPRESS CORP 354.62 42443 09/13/00 FIS050 FISHER BUSINESS SYSTEMS 129.30 42444 09/13/00 GAR040 GARZA TURF & POWER EQUIP 151.12 42445 09/13/00 GAT020 GATEWAY BUSINESS 1714.92 42446 09/13/00 GCS010 GCS WESTERN POWER & EQUIP 4435.44 42447 09/13/00 GE0010 GEORGE'S GOODYEAR 35.38 42448 09/13/00 GRA010 GRANITE CONSTRUCTION CO 617806.06 42449 09/13/00 GUM050 BRAD GUMMER 1277.50 42450 09/13/00 HAR100 JOHN HARDCASTLE 114.56 42451 09/13/00 HIG010 HIGH TECH IRRIGATION INC 10977.97 42452 09/13/00 HOA010 HUGH HOARD INC 140.00 42453 09/13/00 HOM030 HOME DEPOT 814.37 42454 09/13/00 HOR100 DODIE HORVITZ 80.96 42455 09/13/00 IMP100 IMPACT SCIENCES INC 13518.92 42456 09/13/00 INF030 INFORMATION RESOURCES 250.00 42457 09/13/00 INL200 INLAND POWER EQUIPMENT CO 307.68 42458 09/13/00 INS150 INSTITUTE FOR LOCAL SELF- 14.00 42459 09/13/00 JOB020 JOBS AVAILABLE INC 281.52 42460 09/13/00 JPRO10 JP REPROGRAPHICS 4154.26 42461 09/13/00 KIN050 KINKO'S 119.28 42462 09/13/00 KIN100 KINER/GOODSELL ADVERTISNG 5000.58 42463 09/13/00 KRI100 BRUCE KRIBBS CONSTRUCTION 2597.50 42464 09/13/00 KSL053 KSL DEVELOPMENT CORP 40.00 42465 09/13/00 LAQ030 LA QUINTA CAR WASH 41.70 42466 09/13/00 LAQ080 LA QUINTA SPORTS & YOUTH 350.00 42467 09/13/00 LUN050 LUNDEEN PACIFIC CORP 39744.65 42468 09/13/00 MCK010 McKESSON WATER PRODUCTS 284.65 42469 09/13/00 MICO10 MICRO AGE 1977.21 42470 09/13/00 MOM100 MOM'S GAS STATION 1186.28 42471 09/13/00 MUN010 MUNI FINANCIAL SERV INC 3030.48 42472 09/13/00 NAW010 RON NAWROCKI 6000.00 42473 09/13/00 NIC101 NICKERSON & ASSOCIATES 6867.50 42474 09/13/00 NOR200 NORTHERN TOOL & EQUIP CO 1077.64 42475 09/13/00 OLI100 OLINN MESSAGE CENTER 93.84 42476 09/13/00 OUT100 OUTDOOR SERVICES INC 100.00 42477 09/13/00 PAG100 PAGENET 158.75 42478 09/13/00 PER010 RONALD A PERKINS 26.35 42479 09/13/00 POW100 POWERS AWARDS 45.33 42480 09/13/00 PRE005 PREMIERE PROPERTY SERVICE 160.00 42481 09/13/00 PRE015 THE PRESS -ENTERPRISE CO 564.82 42482 09/13/00 PRI020 THE PRINTING PLACE 1081.81 42483 09/13/00 PRI070 PRINTING..SOLUTIONS 1015.13 42484 09/13/00 RAD050 RADIO SHACK 68.81 42485 09/13/00 RAL050 RALPHS GROCERY CO 30.41 42486 09/13/00 RAS020 RASA - ERIC NELSON 4460.00 42487 09/13/00 RBF100 RBF CONSULTING 246.75 42488 09/13/00 REG046 REGENTS UNIVERSITY OF CAL 264.40 052 ►� ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:37AM 09/13/00 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 42489 09/13/00 RET050 RETIRED SENIOR VOLUNTEER 55.00 42490 09/13/00 RIV080 RIVERSIDE COUNTY HEALTH 890.00 42491 09/13/00 RIV101 RIV COUNTY SHERIFF/INDIO 1426.11 42492 09/13/00 ROS010 ROSENOW SPEVACEK GROUP 25636.16 42493 09/13/00 SAL150 DAVID SALAS 400.00 42494 09/13/00 SAN200 SAN DIEGO ROTARY BROOM CO 387.90 42495 09/13/00 SAX100 SAXON ENGINEERING SERVICE 5425.00 42496 09/13/00 SEC050 SECURITY LINK/AMERITECH 108.21 42497 09/13/00 SFC100 SFC CONSULTANTS 1800.00 42498 09/13/00 SHAO10 SHADOW PALMS GARDENING 150.00 42499 09/13/00 SIM025 SIMON MOTORS INC 71.70 42500 09/13/00 SIM040 SIMPLER LIFE EMERGENCY 888.01 42501 09/13/00 SKY200 SKYTEL 30.88 42502 09/13/00 SMA010 SMART & FINAL 102.13 42503 09/13/00 SMI010 MARILYN SMITH 76.36 42504 09/13/00 SMI020 SMITH PIPE & SUPPLY INC 842.38 42505 09/13/00 SM0010 DONNALDA SMOLENS 100.50 42506 09/13/00 SOCO10 THE SOCO GROUP INC 190.74 42507 09/13/00 SOU007 SOUTHWEST NETWORKS, INC 1777.89 42508 09/13/00 SOU010 SOUTHERN CALIF GAS CO 136.98 42509 09/13/00 SOU100 SOUTHLAND GEOTECHNICL INC 100.00 42510 09/13/00 SPI010 CRISTAL SPIDELL 33.60 42511 09/13/00 SPRO10 SPRINT 734.01 42512 09/13/00 STA020 STANDARD REGISTER 289.27 42513 09/13/00 STA045 STAN'S AUTO TECH 107.36 42514 09/13/00 SUN080 SUNLINE SERVICES GROUP 585.85 42515 09/13/00 TAG100 TAG/AMS INC 45.00 42516 09/13/00 TER100 TERRA NOVA PLANNING & 3014.38 42517 09/13/00 TH0100 J H THOMPSON & SONS INC 75356.28 42518 09/13/00 TOP010 TOPS'N BARRICADES INC 138.99 42519 09/13/00 TRA004 TRADITION CLUB ASSOCIATES 3750.00 42520 09/13/00 TRI100 TRI STATE LAND SUVEYORS & 8635.00 42521 09/13/00 TTI100 TTI NATIONAL INC 7.77 42522 09/13/00 ULT100 ULTIMATE INTERNET ACC INC 20.00 42523 09/13/00 UNIO04 UNITED STATES POSTAL SVC 3000.00 42524 09/13/00 UNI200 UNITED RENTALS 3677.32 42525 09/13/00 USO100 US OFFICE PRODUCTS 1780.19 42526 09/13/00 VAL020 VALLEY PLUMBING 6.93 42527 09/13/00 VAN075 VANDORPE CHOU ASSOC INC 2400.00 42528 09/13/00 VER050 FREDRICO VERDUGO 400.00 42529 09/13/00 VOG050 CHRIS A VOGT 26.88 42530 09/13/00 WAL010 WAL MART STORES INC 283.27 42531 09/13/00 WAS020 WASTE MGMNT OF THE DESERT 79677.00 42532 09/13/00 WIS020 WISE MAINTENANCE & CONST 1700.00 42533 09/13/00 XER010 XEROX CORPORATION 2637.70 CHECK TOTAL 1,116,960.09 053 5 ,z H H N M v .n l0 N r m v OD Ul Q z 0 E+ Z O O M \ ON s U - r r h r r h r+ H r o W F H O O o O o o + (D H O H c7 a o)rn rn 0) rn (Z rn rn o, a, a, rn rn rn g a m E. 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E E. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a Q O F H H H a in a z z y cn m (n (n o cn cn cn cn o m cn cn cn cn cn rn cn cn cn o rn (n z o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m o E Eu W y O > - O c O O O O O o O O O O O O O O O O o O o o o O O O O O O O O O O O o O O O o O O O O O O O O O O O O O o O > H O N N - H H r H i ri 1-4 - U E E-+ H H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U H a z Z z cn o (n to v1 cn cn cn cn cn N m m m o m m (n m 0 to 0 Q U o 0 0 0 0 0 0 0 0 0 o D o 0 0 0 0 0 o D o 0 0 0 0 0 070 22 z v )n %D r m m O N Ul M �D r m Ln o r m Q .D lQ %D E+ Z O O M m \ 2 O U '-I H .--I .-. .--I .-+ .--i m .-) m m m O W F •" I ti O o C. 0 � o a rn m rn o rn m m rn rn m rn a) rn a) D, rn ON rn rn rn rn rn rn rn m o s rn m rn � m E F E H F E F E F E E. F E F F F F F F. E F O O O r v D\ D) r )n M C. m N Ql O O O O O O rn E m o �o c v N r m O O m O C) o o o O o o r O Z F . . . . . . . . . . . . . . . . . . . W Z a' M 01 lD n(n O O \D M )n .n r O O o o r m O 04 N .--i .--i v M M O O N N v r In O )f1 O fo N O I I N I e' v' 04 N M .D .-� l0 lD a N ON D� N a r O M O o m r o o O r. m o o m N o O r o 0 0 \D M rn r m o o N m O, Ir z o M N - �D m H r 1p ti N 0% a a •+ N m r E H O F E Z Q z m H a m H oU a w a z a a U a ¢ .A a a Z a m x w m a a a a > Q H Q a a O a a w w rz a Q Z E+ E m E U E-F E E H E. H a z H E. w E O O O O H O O O H O a s Q O m O E E F F E. F H F F U E U F W O H W W H LL m m m (!) m w m Z to W W a O w a fn <Y or m a U U C a a D: O H W W w W w w w 0 w 0 x 0 O w 0 w 0 O O O O > a H H H H H H H 0 H 0 U 0 D: 0 u 0 (n H 0 a 0 w 0 a m 0 w 0 z U a a a a a a a z a z z w Z a Z O a Z cn z U E O D z W Z H m W a D. G1. D. a W w 0. w z w U W W W m F+ a W Z W H. a H W W H w w L1. D. D. D.. D. W D. > a. > a > U > .1 > a O D. > a > W O z m > D. > 0 0 0.o 0 0 0 0 0 a 0 H S 0 a w D. w 0 O m m m m m m m m W m m [u D. E+ O m m m U W to W O aN O O O H D a a M � r o �D v O W M (n m M M M M )n r '-1 CA > I > m M r O N N N M c tT lD to (T Z Z I: m m a m a x a a' m )n N N ul In )n )n m H 0 H O m m m m m m m N N v v .-+ .--I .--) r-I ID H z r-I - H •-1 r-I .-1 r-1 m M m V' V' C Q' r 0 O O O O O O O N N Dl N N - - .--I 0 H ?L a z a a m W m a 1 O O E. E a 0 0 0 0 0 0 o r r o) O M O O V• o O N v w O O O O O O O v c m 0 N o O ul c O o + O m O O o 0 o o o m u1 )t) O m C. O M w o O %D %D m 0 H M M r M )n m r (n M M N m 1 .1 D) Z O O O O O O O O O O M O O O �o .-r N N N 0 r r r r r r r r lD w p r r r N D D lD �D t0 E-F N ID rl M c M .-I N N N 0 r .-I N r M 0 )n )n )n )n )n )n )n )n )n Un )n )n O O O )n n O r) Ln O M M M r C c v v M N v m N N O M N N M U U Q o 0 0 0 0 0 0 o O 0 o 0 0 0 0 0 o o o 0 E V m ai vFi m uFi H W O O O O U U U U M m m m m m m m O z 2 Z W O E-F E F E+ E E+ E-F m H H H S O U U U U U U U m O F+ W w w w O Lo o 0 0 0 0 0 0 0 a 0 m (1) m U U U U H a. 0 0 0 c� 0 0 0 Z O WWW w Z z z Z E. Q O O O O O O O H O O a a a O Q Q Q 4 o a m Oc z m D: m O a F O O O z z z z m x w C7 F E E E+ w w w w O Q O U > O m to to z F E E+ F D. W E w W W W W W W a > m z z Z z a a z M H a O U H E. U H E. U H w U H t.. U H [.. U H w U H w a >• W W (z O U H Q E D: E (Y. Q E-E C a 0 m H c( m£ H H H O r a w w L. w w t.. 4. w O a m m m w x Q a O O O O O O O a 0 0 H E+ w w w w 0 w Q o a z w a a .a .a m m m m m a a 0 m m m m m m m Q Q z S a Q Q Q H H H H43 U) z O D O O D O O > > C. 3 3 3 3 3 3 3 m x E.w z O > O o O O O O O o to o o O O O O O O O o O 0 O O 0 0 0 0 O N r Ix)C H N N N N N H p71 O >+ � •--� .-I .-I .� .-I •-� O O o O O o O O O O O O U H O 0 0 o 0 o a z a u a a a m m m m m (x o Q a w o Q a Q Q H H H H a U O O O o 0 0 0 > > > > 3 3 3 3 3 3 3 3 x 23 072 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.*** 3:10PM 09/11/OC PAGE 1 PAYMENT AMOUNT 42385 09/11/00 BGB100 ABGB CATERING 400.00 42386 09/11/00 CAS200 CASUELAS CAFE 646.50 42387 09/11/00 COA080 COACHELLA VALLEY WATER 1270.08 42388 09/11/00 CPR101 CPRS DISTRICT XI 25.00 42389 09/11/00 IMP010 IMPERIAL IRRIGATION DIST 1071.78 42390 09/11/00 RIV031 RIVERSIDE COUNTY CLERK 35.00 42391 09/11/00 VER200 VERIZON 3350.16 42392 09/11/00 WEL025 WELLS FARGO BANKCARD 131.23 CHECK TOTAL 6,929.75 073 25 Z < O .y M r m N v N �o rn o - ,--� N .-+ M ,--� - - .--� O E4 Z O H O W U E u £ u £ u £ u £ (9 £ 0 £ u £ u £ u £ u £ u £ C9 £ C7 £ C9 £ C9 £ (7 £ C7 £ a u < m W E.E+ W w E+ w E+ W E+ w E-F W E-F W H W E w E w F w F w H w H w E-F w E W F N s N N E-F O O o N m N o N O O m r O D1 O) O O o o v v v to m m M M N N m m r m N N r Z W £ E. z o O o lD v c' N N m r r ID N N N M r v M v M fD N N M N M .-+ M .r M p; a N � O o O N m o O o m r O o r M N o 0 o o U Z �o Q 0 r N r M N M Q N V' O a lD N . Z < £ cD M' E. 0 m a E+ U u) z O O F E o W x .a < a 04 H a a Q £ -- a Q a Q o m � a Q £ o O £ 0 O £ o 0 a Q a Q w N 4 z O U Z E O Z W E+ o H 0 Z O E+ O UUUH > > > O x E. o £ £ £ E+ O E. O D. W H a O E+ a u) E.E rx >> a H < E+ a 0 U 0 U m U H a H 00 F a > > > > z 0 Z 0 Z 0 H a u E-E a o > ff a E -0 o z H o cn C) co o m a F o O a H z H z O o >+ o 0 m (n Q Q a o z o z H U V] rn 0 z w a w z a W W a w z W rn H z w H U H U H U z w z < z W Z z Z z H H 0 H z w H E. z W W o d> W F> Q E4 < H> a 0> w W a W a W> a E+ 0 > O x U x O x O x z a a x a> a W> w I u) W [„ o U 3 3 D W W w z n w m a H H H £ o �U+ O uj I > C m (n O O to O O co on O (n O u) o O c �o D r N r N m M r rn N M r ID o \D N o o rn H W W H 0 H H � z H a < H D: < H O: a H tl' a H a Q Ol N r M c lD M c lD Q' c lD �--1 N v N a lD ti r lO v N Im O !] H .4 > > > > > r N N N m N r v' E Ft a z a W m I m a o O F w ' a w m O o O o O O N M lD N lD lD O o O O O .-+ ID M to O 0 O 0 O 0 o 0 O o lD tD N M ID M �o to o O O £ o z lD O M M M N r N r N M O N M N M N M N M N M M m E.lD r lD lD lD lD 1D lD r lD ko w to ko to to M �D z O 0 rl N N N O N N V' N C N N N V' N Q' N Q' o N N P'1 N M N M N v Ln V N cT N N o U rS o 0 0 0 0 0 o 0 0 0 0 o 0 o 0 0 0 a a E+ u) H E m H F W H W w o O 0 o x w 0 M o 3 3 H O H O H U Q U 0 N a w a w s x a a a F z x z Q a c� w E" v a >> s H U a a a a m a o u m o W «a F z F < u)a < a a s s a u) H a Q a Q< o H z z z z z z z 0 x W FC >' o a U co a W D w x U W x U o (n H m W H a w H a W [n w w 0 N H 0 N H 0 N H 0 N H 0 N H 0 N H 0 N H cn a a U) F� a Q 0 z m a 4 U O U O U n. U a -- n a H H w w w W w W w w F Z 0 O W > O O O o .y o O o .-y o 0 0 0 o O o N 074 0 O UP U >1 o y o N W 2 m o a 0 m O O O a H O m - o aL £ - o 6. M O H O N W O N W o N W O N W O N W O N w o N w N o W U m U U U U H H C > > > > > > > 3 26 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 1:42PM 09/06/00 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.*** 42382 09/06/00 INF005 INFORMATION INTERFACE SYS 182.09 42383 09/06/00 LUC050 LUCENT TECHNOLOGIES 1058.88 42384 09/06/00 SPL100 RON SPLUDE 1120.00 CHECK TOTAL 2,360.97 075 27 Z a c N m r a F z 0 0 O � � 2 £ CD w E E £ E u a w w w w E a in F F F F W 4. O m rn v c O r .� F O c c O � Z E-E w Z N O O E O OD N N N O O£ U) Lr) m Ll. a N O) N O O O O N OD O i 07 N a O F+ F F E+ w z z z U) H 11 w m a E a a N Oa a a-F a z V E-E E £ F-F E w E F E+ E- W E H E. O D z >-�+ x F a O H E. O Ef) Ul O V O > aG m 0 0 D 0 H cn Eu w z z w E. w w> xx> z' U) U) n a H 0 w W H H 0 a m y O w m m > i > m r m w z O 0 Z j o o H Z N N O 0 o O E-F a z a a m w w 0 0 o E. F a O m m N w C. 0 o rn m o D n E 0 rn m rn m z o 0 0 0 ko F Z rM m m O T) if7 Ln � ul O V a o 0 0 0 cn N m w V a � � o a H H F O O a z a a a H O O z z i z s x H o w w W .7 z E-H E-F O rF < £ F E+ Pa s a' a a 0 E4 W z a � D O U) z H r7 r7 z O z > Ln 0 0 O 0 O Ln Ln 0 O >+ O O o r+ E. V Z x x na a V H .a ] U) 0!6 28 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:31AM 08/31/00 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK NUMBER DATE VENDOR NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 42354 08/31/00 ABE001 JAQUES ABELS 75.00 42355 08/31/00 BOB100 BILL BOBBITT 50.00 42356 08/31/00 BUT010 RICHARD BUTLER 75.00 42357 08/31/00 CAL040 CALIFORNIA VISION SERVICE 1160.30 42358 08/31/00 CAN050 CANADA LIFE ASSURANCE CO 499.53 42359 08/31/00 CIT035 CITRUS BELT CHAPTER ICBO 60.00 42360 08/31/00 CUN100 DENNIS CUNNINGHAM 50.00 42361 08/31/00 DIA100 DENISE DIAMOND 50.00 42362 08/31/00 GTE010 GTE CALIFORNIA 75.77 42363 08/31/00 INT005 INTERNAL REVENUE SVC-ACS 50.00 42364 08/31/00 KIR010 TOM KIRK 75.00 42365 08/31/00 LAQ010 LA QUINTA ARTS FOUNDATION 37500.00 42366 08/31/00 LAQ040 LA QUINTA CHAMBER COMMERC 135.00 42367 08/31/00 LAQ050 LA QUINTA CITY EMPLOYEES 338.00 42368 08/31/00 MAC200 MACARONI GRILL 900.00 42369 08/31/00 MCM210 LESLIE MCMILLAN 50.00 42370 08/31/00 PRIO50 PRINCIPAL MUTUAL 49280.62 42371 08/31/00 REY050 ELAINE REYNOLDS 50.00 42372 08/31/00 REY055 FRANK R. REYNOLDS P.E. 50.00 42373 08/31/00 RIV040 RIV CNTY DISTRICT ATTORNY 426.50 42374 08/31/00 ROB150 STEVE ROBBINS 75.00 42375 08/31/00 SHA040 ROSITA SHAMIS 50.00 42376 08/31/00 SUP100 SUPPORT PAYMENT CLEARING- 150.00 42377 08/31/00 TRA030 TRANSAMERICA INSURANCE 51.68 42378 08/31/00 TYL050 ROBERT T TYLER 75.00 42379 08/31/00 UNIO05 UNITED WAY OF THE DESERT 144.00 42380 08/31/00 UNUO50 UNUM LIFE INS 2357.45 42381 08/31/00 W00050 STEWART WOODARD 50.00 CHECK TOTAL 93,903.85 077 29 z Q m '•I ry N r H c M N M l0 r ry ry m 0 N 0� O a E O z O H M m 0 ~ w C.7 V E Q C7 £ w C7 £ W C7 £ W m (n m rn rn 01 C7 £ W C7 £ w C7 £ w C'J £ w t7 £ w m rn m U w C7 W m H H E F F H E-F F H F F F E+ v F 0 O 0 O 0 o o M M O O O O O o O O r r 0 o O o O O w £ z O r O N N r O 10 01 01 o N O c o N O .n N r 0 to ul o N Q a O £ Q H " c r O n r m O O O o o o O M M Ln O 0 O O O 0 r r O O O O ul r H m O Ln r O �O 01 0) O � H v) o in C7 E O Ln Ln to r a o) r- E. z LD U E Q £ O Z W EZ-F £ £ a Q 0 z a Q £ £ a a a Q H a w Q U) H w m a Q V O z a Q O U U) a Q H a w Q a a s F £ £ a a a a z U £ 0 E. 0 Q a E+ 0 £ U H O E. 0 E. 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O 0 O O 0 O O o O O m rl) u'1 £ 0 z rn O rn O rn O u� M r M r M r M a, O rn O Lr) M N O 1p F z n Ln to N O N D 0 .n Ul D N Ln l0 O O U O c O c O v O O O O O CV N M v in M H O c H u1 N M in H O O .--� C• H N U Q O O O O 0 o O O O O 0 O O w O m m z > m W W U V H U H U H O O 0 Z z a a E a F U) 0 O a W 0 H v) Q m a 2 � 0 Q W z E. u) l!) a E E.E-F a > W U H U E-F H z z £ H Za W W E+ < w a m E z H m Q m m m Q z H a a m s m z u Q o o w a a W E Q a a w .7 m a a Z o H ` 0 .Q M a Z) s H z H a U Q w a z •.Hi a U) DO z cw h a m U a a u z v H u E. c) z a z o W E. H OE a E. z0 O V E. . >. w > O O o O .� O .--1 O O c O o u) O Ln M O Ln M O o O O O o H Ln 0 C) - ®78 U U Q E H U W m Q In 00 m m < U a U rH-i U rEi U .ti w U .-� H 0 O W E.iZi O E O a � O OI a �•7 30 Z O r-1 (N m V• 0 N 0) u) 0 .--i %D M M CY, r .-4 N N m m N N H N O F Z O O m N m U U' U' C7 U' V• C7 m C7 C7 M 01 (7 C7 01 C7 C7 o W E C� Q w W W W W W 0) w W at W W rn W W £ m E E+ E+ F E+ E+ E E. E. E-F E+ E. 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W Z O > O O 0 .n O O J 0 Cl) in O u1 .n O >� O O O O O Q U U) E- F D � 3 32 T4ht 4 4& Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 19, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Transmittal of Treasurer's Report PUBLIC HEARING: as of July 31, 2000 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: Transmittal of Treasurer's Report dated July 31, 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. espgcyfully Jahn M. Falbon¢r, Finance Director Approved for Submission by: Thomas P. Genovese, City Manager Attachment: Treasurer's Report, City of La Quinta Mo TW� 4 4Qur«rw MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for July 31, 2000 DATE: August 25, 2000 Attached is the Treasurer's Report for the month ending July 31, 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) $1,355,379 (732,231) 623,148 (732,231) LAW 11,472,960 172,962 4,600,000 7,045,922 (4,427,038) US Treasuries (2) 31,424,504 13,887 31,438,391 13,887 US Gov't Agencies (2) 19,110,772 61,736 19,172,508 61,736 Commercial Paper (2) 0 4,000,000 (4,513) 3,995,487 3,995,487 Mutual Funds 4,032,331 6,858 4,025,473 i (6,858) _ Total $67 395 946 4 172,962 4,606,858 661 121 66,300929 1( ,095,017� 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. 7 / 3 00 Date 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. . 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O O OD OD W co r LO Cl) N M M C W co co C OOi co m V LL O O V m O V r O � � aN0 O m O O co c0 N N cO M r O O co M r r W � V M r O O � � O 0) V M r a r O CV V N C) O V C N C E m E c_ C O C C H N Y 7 U (p a � � cp a) . a m Y 0 a 2 R U (D (D U o co:m a 2 27 N J U A N @.n U C y _ ca Z L umUin LL z a s m O • • AM CITY OF LA QUINTA CITY CITY RDA RDA FA BALANCE SHEET 07/31/00 FIXED LONG TERM FIXED LONG TERM FINANCING LONG TERM GRAND CITY ASSETS DEBT RDA ASSETS DEBT AUTHORITY DEBT TOTAL ASSETS: POOLED CASH (8,463,559.71) 15,043,695.20 (805.14) 6,578,330.35 LQRP INVESTMENT IN POOLED CASH 805,000.00 805,000.00 INVESTMENT T-BILL/NOTES & OTHER 45,980,000.00 45,980,000.00 AUTO MALL CASH 2O1,409.77 201,409.77 LQRP CASH 82,328.88 82,328.88 BOND REDEMPTION CASH 271,787.07 28.73 271,815.80 BOND RESERVE CASH BOND PROJECT CASH 12,173,530.70 595,124.06 12,768,654.76 BOND ESCROW CASH PETTY CASH 1,000.00 1,000.00 CASH & INVESTMENT TOTAL 37,718,850.06 28,376,341.85 594,347.65 66,689,539.56 INVESTMENT IN LAND HELD FOR RESALE ACCOUNTS RECEIVABLE 38,730.09 60,900.00 8,010,000.00 8,109,630.09 PREMIUM/DISCOUNT ONINVESTMENT (341,489.79) (42,743.87) (4,378.07) (388,611.73) LQRP-ACCOUNTS RECEIVABLE 61,534.86 61,534.86 INTEREST RECEIVABLE 293,888.62 293,888.62 LOAN/NOTES RECEIVABLE 15,099.23 2,678,631.60 2,693,730.83 DUE FROM OTHER AGENCIES 651,913.19 651,913.19 CVAG ALLOWANCE (651,913.19) (651,913.19) DUE FROM OTHER GOVERNMENTS 601,430.19 601,430.19 DUE FROM OTHER FUNDS 1,386,931.38 551,629.04 1,938,560.42 DUE FROM RDA 8,497,550.20 8,497,550.20 INTEREST ADVANCE -DUE FROM RDA 1,937,355.26 1,937,355.26 ADVANCES TO OTHER FUNDS 111.894.31 111,894.31 NSF CHECKS RECEIVABLE 2,289.86 2,289.86 ACCRUED REVENUE 833.40 833.40 TRAVEL ADVANCES 2,649.00 2,649.00 EMPLOYEE ADVANCES PREPAID EXPENSES RECEIVABLE TOTAL 12,546,328.35 3,310,785.03 8,005,621.93 23,862,735.31 WORKER COMPENSATION DEPOSIT 37,637.00 37,637.00 RENT DEPOSITS UTILITY DEPOSITS 75.00 75.00 MISC. DEPOSITS 2,100.00 2,100.00 DEPOSITS TOTAL 39,812.00 39 S1P.00 GENERAL FIXED ASSETS 1,386,331.67 15,590,699.00 9,988,279.05 26,965,309.72 ACCUMULATED DEPRECIATION (677,077.47) (677,077.47) AMOUNT AVAILABLE TO RETIRE UT DEBT 3,395,117.03 3,395,117.03 AMOUNT TO BE PROVIDED FOR LIT DEBT 1,578,645.34 94,617,116.48 8,010,000.00 104,205,761.82 TOTAL OTHER ASSETS 709,254.20 15,590,699.00 1,578,645.34 9,988,279.05 98,012,233.51 8,010,000.00 133,889,111.10 TOTAL ASSETS 51,014,244.61 15,590,699.00 1,578,645.34 31,687 126 88 9,988,279 05 98,012,233 51 8,599 969 58 8,010,000.00 224,481 197 97 LIABILITY ACCOUNTS PAYABLE (40,330.00) (40,330.00) DUE TO OTHER AGENCIES 1,413,450.51 1,413,450.51 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 89.52 89.52 STRONG MOTION INSTRUMENTS 2,267.38 2,267.38 FRINGE TOED LIZARD FEES 29,661.50 29,661.60 SUSPENSE 3,104.52 3.104.52 DUE TO THE CITY OF LA QUINTA PAYABLES TOTAL 2,361,367.80 1,327,250.23 9,305.00 3,697,923.03 ENGINEERING TRUST DEPOSITS SO. COAST AIR QUALITY DEPOSITS ARTS IN PUBLIC PLACES DEPOSITS 430,805.43 LQRP DEPOSITS 15,156.00 DEVELOPER DEPOSITS 1,097,712.85 MISC. DEPOSITS 446,823.82 AGENCY FUND DEPOSITS 1,881,056.87 TOTAL DEPOSITS 3,856,398.97 15,156.00 430,805.43 15,156.00 1,097,712.85 446,823.82 1,881,056.87 3,871,554.97 DEFERRED REVENUE 8,270.67 - 8,010,000.00 8,018,270.67 OTHER LIABILITIES TOTAL 8,270.67 8,010,000.00 8,018,270.67 COMPENSATED ABSENCES PAYABLE 321,991.94 321,991.94 DUE TO THE CITY OF LA QUINTA 1,256,653.40 10,434,909.26 11,691,562.66 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 1,578,645.34 98,012,233.51 8,010,000.00 107,600,878.85 TOTAL LIABILITY EQUITY -FUND BALANCE TOTAL LIABILITY & EQUITY 6,226,037.44 44,788,207.17 15,590,699.00 CASH & INVESTMENT TOTAL 66,689,539.56 PREMIUMIDISCOUNT ON INVESTMENT (388.611.73) TOTAL 66,300,927.83 1,578,645.34 1,342,406.23 98,012,233.51 8,019,305.00 8,010,000.00 123,188,627.52 30,344,720.65 9,988,279.05 580,664.58 101,292,570.45 -N 010 T4'yl 4 46 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 19, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Transmittal of Revenue and Expenditure PUBLIC HEARING: Report dated July 31, 2000 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: Transmittal of the July 31, 2000 Statement of Revenue and Expenditures for the City of La Quinta. spegVully submitted; John M. Falconerl Finance Director �rov for submission b Thomas P. Genovese City Manager Attachments: 1. Revenue and Expenditures Report, July 31, 2000 "I� CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2000-7/31/2000 FUNDS BUDGET RECEIVED REMAINING BUDGET % RECEIVED General Fund Revenues $12,288,065.00 $585,535.16 $11,702,529.84 4.8% Library 162,634.00 150,000.00 12,634.00 92.2% Gas Tax Revenue 418,400.00 0.00 418,400.00 0.0% Cmaq/Istea 287,423.00 0.00 287,423.00 0.0% Federal Assistance 340,400.00 0.00 340,400.00 0.0% Assessment District 2000-1 0.00 0.00 0.00 0.0% Slesf (Cops) Revenue 49,900.00 0.00 49,900.00 0.0% Local Law Enforcement 27,300.00 0.00 27,300.00 0.0% Lighting & Landscaping 778,000.00 0.00 778,000.00 0.0% Quimby 64,000.00 0.00 64,000.00 0.0% Infrastructure 358,989.00 0.00 358,989.00 0.0% Village Parking 1,500.00 0.00 1,500.00 0.0% South Coast Air Quality 22,044.00 0.00 22,044.00 0.0% Lq Public Safety Officer 2,200.00 0.00 2,200.00 0.0% Interest Allocation 0.00 102,260.56 (102,260.56) 0.0% Capital Improvement 40,305,124.34 651,319.94 39,653,804.40 1.6% Lq Norte Capital Improvement 0.00 0.00 0.00 0.0% Urban Forestry 0.00 0.00 11,000.00 0.0% Equipment Replacement 431,302.00 372,202.00 59,100.00 86.3% j Arts In Public Places 222,700.00 0.00 222,700.00 0.0% Transportation 2,198,180.00 69,274.44 2,128,905.56 3.2% Parks & Recreation 221,500.00 49,596.91 171,903.09 22.4% Civic Center 303,900.00 69,798.44 234,101.56 23.0% Library Development 1,554,418.00 29,352.38 1,525,065.62 1.9% Community Center 58,600.00 i13,285.86 45,314.14 22.7% Street Facility 10,500.00 2,443.30 8,056.70 23.3% Park Facility 3,200.00 737.80 2,462.20 23.1 % La Quinta Financing Authority 688,130.00 3,057.37 685,072.63 0.4% RDA Project Area No. 1 20,421,716.00 69,479.16 20,352,236,84 0.3% RDA Project Area No. 2 7,075,824.00 i 60,742.12 7,015,081.88 0.9% Total $88,295,949.34 $2,229,085.44 $86,077,863.90 2.5% j 091 003 CITY OF LA QUINTA EXPENDITURES -ALL FUNDS 07/01/2000 - 7/31/2000 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET % EXPENDED General Fund $13,390,277.12 $396,990.09 $0.00 $12,565,747.91 3.0% Library 0.00 0.00 0.00 0.00 0.0% Gas Tax 418,400.00 34,866.66 0.00 383,533.34 8.3% Cmaq/Istea 287,423.00 0.00 0.00 28742300.0% 0.0% Federal Assistance 130,000.00 0.00 0.00 130,000.00 0.0% Proposed Assessment District 2,806,689.00 5,000.00 0.00 2,801,689.00 0.2% Slesf (Cops) Revenue 30,100.00 0.00 0.00 30,100.00 0.0% Local Law Enforcement 27,600.00 0.00 0.00 27,600.00 0.0% Lighting & Landscaping 778,000.00 64,833.33 0.00 713,166.67 8.3% Quimby 292,244.00 0.00 0.00 292,244.00 0.0% Infrastructure 6,672,822.00 (161,721.13) 0.00 6,834,543.13 -2.4% Village Parking 0.00 0.00 0.00 0.00 0.0% South Coast Air Quality 5,700.00 0.00 0.00 5,700.00 0.0% Lq Public Safety Officer 0.00 0.00 0.00 0.00 0.0% Interest Allocation 0.00 0.00 0.00 0.00 1 0.0% Capital Improvement 40,305,124.34 651,319.94 0.00 ! 39,653,804.40 1.6% Lq Norte Capital Improvement 0.00 0.00 0.00 0.00 0.0% Urban Forestry 11,000.00 0.00 0.00 11,000.00 0.0% Equipment Replacement 568,366.00 1,769.27 0.00 566,596.73 0.3% Arts In Public Places 630,627.00 46,978.00 0.00 583,649.00 7.4% Transportation 1,264,322.00 0.00 0.00 1,264,322.00 0.0% Parks & Recreation 2,020,000.00 0.00 0.00 2,020,000.00 0.0% Civic Center 203,700.00 16,975.00 0.00 186,725.00 8.3% Library Development 525,000.00 0.00 0.00 525,000.00 0.0% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 0.00 0.00 0.00 0.00 0.0% Park Facility 0.00 0.00 0.00 0.00 0.0% La Quinta Financing Authority 1,205,862.00 0.00 0.00 1,205,862.00 0.0% RDA Project Area No.1 32,740,979.47 1,111,946.35 0.00 31,629,033.12 3.4% RDA Project Area No.2 12,676,120.00 (295,778.71) 0.00 12,971,898.71 l -2.3% Total $116,990,355.93 $1873178.80 $0.00 $114,689,638.01 i 1.6% 092 HE CITY OF LA QUINTA 07/01/2000-7/31/2000 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: Sale of Maps & Publications Community Services Fees Bldg & Safety Fees Community Development Fees Public Works Fees TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc Fines AB939 CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND REMAINING % BUDGET RECEIVED BUDGET RECEIVED 520,600.00 636.55 519,963.45 0.1 % 441,800.00 (636.46) 442,436.46 -0.1 % 275,040.00 0.00 275,040.00 0.0% 2,683,750.00 95,100.00 2,588,650.00 3.5% 3,289,100.00 1,972.64 3,287,127.36 0.1 % 349,500.00 0.00 349,500.00 0.0% 7,559,790.00 97,072.73 7,462,717.27 1.3% 130,900.00 10,173.10 120,726.90 7.8% 8,400.00 540.00 7,860.00 6.4% 412,500.00 134,422.00 278,078.00 32.6% 89,400.00 23,358.75 66,041.25 26.1 % 68,000.00 21,491.73 46,508.27 31.6% 35,800.00 13,121.59 22,678.41 36.7% 57,900.00 3,988.50 53,911.50 6.9% 802,900.00 207,095.67 595,804.33 25.8% 4,400.00 21.80 4,378.20 0.5% 143,675.00 6,198.94 137,476.06 4.3% 298,250.00 83,865.97 214,384.03 28.1% 161,100.00 32,607.65 128,492.35 20.2% 270,000.00 74,365.11 195,634.89 27.5% 877,425.00 197,059.47 680,365.53 22.5% 1,078,800.00 101,109.24 977,690.76 9.4% 56,250.00 5,792.01 50,457.99 10.3% 22,300.00 2,595.81 19,704.19 11.6% 3,600.00 417.94 3,182.06 11.6% 86,600.00 0.00 86,600.00 0.0% 113,800.00 (113,800.00) 227,600.00 -100.0% 1,361,350.00 (3,885.00) 1,365,235.00 -0.3% 1,519,000.00 86,625.13 1,432,374.87 5.7% 68,900.00 1,567.16 67,332.84 2.3% 0.00 0.00 0.00 0.0% 68,900.00 98,700.00 1,567.16 0.00 67,332.84 98,700.00 2.3% 0.0% 12,288,065.00 585,535.16 11,702,529.84 4.8% 093 005 CITY OF LA QUINTA 07/01/2000-7/31/2000 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 Interest Assessment Bond Proceeds Prepayments -sewer assessments TOTAL PROPOSED ASSESSMENT DISTRI SLESF(COPS)REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: REMAINING % BUDGET RECEIVED BUDGET RECEIVED 150,000.00 150,000.00 0.00 100.0% 12,634.00 0.00 12,634.00 0.0% 162,634.00 150,000.00 12,634.00 92.2% 135,600.00 0.00 135,600.00 0.0% 98,200.00 0.00 98,200.00 0.0% 175,100.00 0.00 175,100.00 0.0% 5,000.00 0.00 5,000.00 0.0% 4,500.00 0.00 4,500.00 0.0% 418,400.00 0.00 418,400.00 0.0% 287,423.00 0.00 287,423.00 0.0% 0.00 0.00 0.00 0.0% 287 423.00 0.00 287,423.00 0.0% 340,400.00 0.00 340,400.00 0.0% 0.00 0.00 0.00 0.0% 340,400.00 0.00 340,400.00 0.0% 0.00 0.00 0.00 0.0% 0.00 0.00 0.00 0.0% 0.00 0.00 0.00 0.0% 0.00 0.00 0.00 0.0% 48,400.00 0.00 48,400.00 0.0% 1,500.00 0.00 1,500.00 0.0% 49,900.00 0.00 49,900.00 0.0% LLEBG Funding 27,000.00 0.00 27,000.00 0.0% Interest 300.00 0.00 300.00 0.0% Transfer in 0.00 0.00 0.00 0.0% TOTAL LLEBG 27,300.00 0.00 27,300.00 0.0% LIGHTING & LANDSCAPING REVENUE: Assessment Developer Interest TOTAL LIGHTING & LANDSCAPING QUIMBY REVENUE: Quimby Fees Interest TOTAL QUIMBY 773,700.00 0.00 773,700.00 0.0% 0.00 0.00 0.00 0.0% 4,300.00 0.00 4,300.00 0.0% 778,000.00 0.00 778,000.00 0.0% 55,000.00 0.00 55,000.00 0.0% 9,000.00 0.00 9,000.00 0.0% 64 000.00 0.00 64, 000.00 O.I% Q d CITY OF LA QUINTA 07/01/2000-7/31/2000 ALL OTHER FUNDS REVENUE DETAIL (continued) INFRASTRUCTURE REVENUE: Infrastructure Fee Interest TOTALINFRASTRUCTURE VILLAGE PARKING REVENUE: Interest TOTAL VILLAGE PARKING SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution Interest TOTAL SCAQ LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transfer In TOTAL INTEREST ALLOCATION CAPITAL IMPROVEMENT FUND: CVAG Funding CVWD County of Riverside State of Ca- Office Emer. Services RCTC Funding IID SB300 Funding Surface Transportation S6821-Bicycle Path Grant APP Contribution Developer Agreement Funding Transfers in From Other Funds TOTAL CIP REVENUE LQ NORTE CAPITAL IMPROVEMENT FUND: REMAINING % BUDGET RECEIVED BUDGET RECEIVED 0.00 0.00 0.00 0.0% 358,989.00 0.00 358,989.00 0.0% 358,989.00 0.00 358.989.00 0.0% 1,500.00 0.00 1,500.00 0.0% 1,500.00 0.00 1,500.00 0.0% 21,244.00 0.00 21,244.00 0.0% 800.00 0.00 800.00 0.0% 22,044.00 0.00 22,044.00 0.0% 2,000.00 0.00 2,000.00 0.0% _ 200.00 0.00 200.00 0.0% 2,200.00 0.00 2,200.00 0.0% 0.00 102,260.56 (102,260.56) 0.0% 0.00 0.00 0.00 0.0% 0.00 102,260.56 (102,260.56) 0.0% 14,901,057.28 0.00 14,901,057.28 0.0% 1,753,171.00 0.00 1,753,171.00 0.0% 0.00 0.00 0.00 0.0% 0.00 0.00 0.00 0.0% 0.00 0.00 0.00 0.0% 50,000.00 0.00 50,000.00 0.0% 953,244.74 0.00 953,244.74 0.0% 67,000.00 0.00 67,000.00 0.0% (6,495.00) 0.00 (6,495.00) 0.0% 430,927.08 46,978.00 383,949.08 10.9% 475,783.65 0.00 475,783.65 0.0% 21,680,435.59 604,341.94 21,076,093.65 2.8% _ 40,305,124.34 651,319.94 39,653,804.40 1.6% Prepayment 0.00 0.00 0.00 0.0% Bond Proceeds 0.00 0.00 0.00 0.0% Interest 0.00 0.00 0.00 0.0% TOTAL LQ NORTE CIP 0.00 0.00 0.00 0.0% 095 007 CITY OF LA QUINTA 07/01/2000-7/31/2000 ALL OTHER FUNDS REVENUE DETAIL (continued) URBAN FORESTRY Grant Revenue Interest TOTAL URBAN FORESTRY EQUIPMENT REPLACEMENT FUND: REMAINING % BUDGET RECEIVED BUDGET RECEIVED 11,000.00 0.00 11,000.00 0.0% 0.00 0.00 0.00 0.0% 11,000.00 0.00 11,000.00 0.0% FMP Equipment Charges 372,202.00 372,202.00 0.00 100.0% Interest 59,100.00 0.00 59,100.00 0.0% Transfers In 0.00 0.00 0.00 0.0% TOTAL EQUIPMENT REPLACEMENT 431,302.00 372,202.00 59,100.00 86.3% ARTS IN PUBLIC PLACES REVENUE: • Arts in Public Places Deposits 196,900.00 0.00 * Arts in Public Places Credits Applied 0.00 0.00 Interest 25,800.00 0.00 TOTAL ARTS IN PUBLIC PLACES 222,700.00 0.00 * These amounts are deposits and are treated as liabilities and not as revenues. TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION PARKS & RECREATION Developer fees Interest TOTAL PARKS & RECREATION CIVIC CENTER Developer fees Interest TOTAL CIVIC CENTER LIBRARY DEVELOPMENT Developer fees Interest Transfer in TOTAL LIBRARY DEVELOPMENT 196,900.00 0.0% 0.00 0.0% 25,800.00 0.0% 222.700.00 0.0% 284,000.00 69,274.44 214,725.56 24.4% 23,100.00 0.00 23,100.00 0.0% 1,891,080.00 0.00 1,891,080.00 0.0% 2,198,180.00 69,274.44 2,128,905.56 3.2% 201,000.00 49,596.91 151,403.09 24.7% 20,500.00 0.00 20,500.00 0.0% 221,500.00 49,596.91 171,903.09 22.4% 284,500.00 69,798.44 214,701.56 24.5% 19,400.00 0.00 19,400.00 0.0% 303.900.00 69.798.44 234.101.56 23.0% 150,000.00 29,352.38 120,647.62 19.6% 17,900.00 0.00 17,900.00 0.0% 1,386,518.00 0.00 1,386,518.00 0.0% 1,554,418.00 29,352.38 1,525,065.62 1.9% AM RIE CITY OF LA QUINTA 07/01/2000-7/31/2000 ALL OTHER FUNDS REVENUE DETAIL (continued) COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developer fees Interest TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY REMAINING % BUDGET RECEIVED BUDGET RECEIVED 53,500.00 13,285.86 40,214.14 24.8% 5,100.00 0.00 5,100.00 0.0% 58,600.00 13,285.86 45,314.14 22.7% 9,500.00 2,443.30 7,056.70 25.7% 1,000.00 0.00 1,000.00 0.0% 10,500.00 2,443.30 8,056.70 23.3% 3,000.00 737.80 2,262.20 24.6% 200.00 0.00 200.00 0.0% 3,200.00 737.80 2,462.20 23.1 % 097 009 07/01/2000 - 7/31/2000 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT REMAINING % BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED GENERAL GOVERNMENT: LEGISLATIVE 482,500.00 41,033.27 0.00 441,466.73 8.5% CITY MANAGER'S OFFICE 610,525.00 24,665.40 0.00 585,859.60 4.0% ECONOMIC DEVELOPMENT 866,350.00 41,671.00 0.00 824,679.00 4.8% PERSONNEURISK MGT 568,362.00 84,388.57 0.00 483,973.43 14.8% TOTAL GENERAL GOVERNMENT 2,527,737.00 191,758.24 0.00 2,335,978.76 7.6% FINANCE: FISCAL SERVICES 486,110.00 22,609.65 0.00 463,500.35 4.7% CENTRAL SERVICES 477,715.00 31,538.59 0.00 446,176.41 6.6% TOTAL FINANCE 963,825.00 54,148.24 0.00 909,676.76 5.6% CITY CLERK 343,795.00 13,852.41 0.00 329,942.59 4.0% COMMUNITY SERVICES SENIOR CENTER 242,190.00 9,165.83 0.00 233,024.17 3.8% PARKS & RECREATION ADMINISTRATION 641,350.00 18,027.04 0.00 623,322.96 2.8% PARKS & RECREATION PROGRAMS 88,700.00 5,143.80 0.00 83,556.20 5.8% TOTAL COMMUNITY SERVICES 972,240.00 32,336.67 0.00 939,903.33 3.3% POLICE 3,467,100.00 (235,079.94) 0.00 3,702,179.94 -6.8% BUILDING & SAFETY: BUILDING&SAFETY -ADMIN 179,182.00 9,985.57 0.00 169,196.43 5.6% CODE COMPLIANCE 499,825.00 31,767.54 0.00 468,057.46 6.4% ANIMAL CONTROL 191,905.00 19,312.02 0.00 172,592.98 10.1% BUILDING 485,771.00 25,839.69 0.00 459,931,31 5.3% EMERGENCY SERVICES 23,141.00 17,618.08 0.00 5,522.92 76.1% FIRE 20,000.00 1,245.56 0.00 18,754.44 6.2% CIVIC CENTER BUILDING -OPERATIONS 1,086,040.00 194,442.35 0.00 891,597.65 17.9% TOTAL BUILDING & SAFETY 2,485,864.00 300,210.81 0.00 2,185,653.19 12.1% COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN 463,765.00 16,514.79 0.00 447,250.21 3.6% CURRENT PLANNING 861,500.00 17,698.85 0.00 843,801.15 2.1% TOTAL COMMUNITY DEVELOPMENT 1,325,265.00 34,213.64 0.00 1,291,051.36 2.6% PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 207,380.00 8,119.24 0.00 199,260.76 3.9% DEVELOPMENT & TRAFFIC 632,151.00 33,550.41 0.00 598,600.59 5.3% MAINT/OPERATIONS - STREETS 902,513.00 95,711.07 0.00 806,801.93 10.6% MAINT/OPERATIONS - LTG/LANDSCAPING 1,352,952.00 90,690.84 0.00 1,262,261.16 6.7% CAPITAL PROJECTS 479,263.00 10,885.45 0.00 468,377.55 2.3% TOTAL PUBLIC WORKS 3,574,259.00 238,957.01 0.00 3,335,301.99 6.7% TRANSFERS OUT 602,234.00 0.00 0.00 602,234.00 0.0% GENERAL FUND REIMBURSEMENTS (3,299,581.00) (233,406.99) 0.00 (3,066,174.01) 7.1% NET GENERAL FUND EXPENDITURES 12 962 738.00 396 990.09 0.00 12 565 747.91 3.1 % 010 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY LIBRARY FUND: PROJECT EXPENDITURES GAS TAX FUND: REIMBURSE GENERAL FUND QUIMBY FUND: TRANSFER OUT FEDERAL ASSISTANCE FUND: TRANSFER OUT 07/01/2000 - 7/31/2000 REMAINING % BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED 0.00 0.00 0.00 0.00 0.0% 418 400.00 34,866.66 0.00 383,533.34 8.3% 292 244.00 0.00 0.00 292,244.00 0.0% 130 000.00 0.00 0.00 130 000.00 0.0% SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 5,700.00 0.00 0.00 5,700.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% TOTAL SOUTH COAST AIR QUALITY 5,700.00 0.00 0.00 5,700.00 0.0% CMAQ/ISTEA TRANSFER OUT 287 423.00 0.00 0.00 287,423.00 0.0% VILLAGE PARKING TRANSFER OUT 29 236.00 0.00 0.00 29 236.00 0.0% LA QUINTA PUBLIC SAFETY CONTRIBUTIONS 0.00 0.00 0.00 0.00 0.0% LLEBG FUND TRANSFER OUT 27,600.00 0.00 0.00 27,600.00 0.0% SLEF (COPS) TRANSFER OUT 30 100.00 0.00 0.00 30,100.00 0.0% LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 778,000.00 64,833.33 0.00 713,166.67 8.3% TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% AL LTG/LANDSCAPING FUND TOTAL LTG/LANDSCAPING FUND 778.000.00 64,833.33 0.00 713,166.67 8.3% INFRASTRUCTURE: CONSTRUCTION 0.00 0.00 0.00 0.00 0.0% REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 6,672,822.00 (161,721.13) 0.00 6,834,543.13 -2.4% TOTAL INFRASTRUCTURE 6,672,822.00 (161 721.13) 0.00 6,834,543.13 -2.4% ASSESSMENT DISTRICT 2000-1 COSTS OF ISSUANCE 0.00 5,000.00 0.00 (5,000.00) 0.0% TRANSFER TO AGENCY FUND 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 2,806,689.00 0.00 0.00 2,806,689.00 0.0% TOTAL AD 2000-1 2,806,689.00 5,000.00 0.00 2,801,689.00 0.2% 099 Oil CITY OF LA QUINTA 07/01/2000 - 7/31/2000 GENERAL FUND EXPENDITURE SUMMARY REMAINING % BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 1,264,322.00 0.00 0.00 1,264,322.00 0.0% TOTAL TRANSPORTATION 1,264,322.00 0.00 0.00 1,264,322.00 0.0% PARKS & RECREATION PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0°% TRANSFER OUT 2,020,000.00 0.00 0.00 2,020,000.00 0.0% TOTAL PARKS & RECREATION 2,020,000.00 0.00 0.00 2,020,000.00 0.0% CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0% REIMBURSE GENERAL FUND 203,700.00 16,975.00 0.00 186,725.00 8.3% TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% TOTAL CIVIC CENTER 203 700.00 16,975.00 0.00 186,725.00 8 3% LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 525,000.00 0.00 0.00 525,000.00 0.0% TOTAL LIBRARY DEVELOPMENT 525 000.00 0.00 0.00 525,000.00 0.0% COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0.00 0.0% STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 0.0% PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% TOTAL PARK FACILITY 0.00 0.00 0.00 0.00 0.0% CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 39,233,109.80 651,319.94 0.00 38,581,789.86 1.7% PROJECT REIMBURSEMENTS TO GEN FUND 1,072,014.54 0.00 0.00 1,072,014.54 0.0% TOTAL CAPITAL IMPROVEMENT 40 305,124.34 651 319.94 0.00 39,653,804.40 1.6% ART IN PUBLIC PLACES FUND PROJECT EXPENSES 202,700.00 0.00 0.00 202,700.00 0.0% CIP EXPENSES 427,927.00 46,978.00 0.00 380,949.00 11.0% TOTAL ART IN PUBLIC PLACES 630 627.00 46,978.00 0.00 583 649.00 7.4% LQ NORTE (97-1) CIP FUND PROJECT EXPENSES 0.00 0.00 0.00 0.00 0.0% URBAN FORESTRY GRANT TRANSFER OUT 11,000.00 0.00 0.00 11 000.00 0.0% EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 568,366.00 1,769.27 0.00 566 596.73 0.3% 100 012 T4t!t °F 4Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 19, 2000 CONSENT CALENDAR: S ITEM TITLE: STUDY SESSION: Approval of the Annual Review PUBLIC HEARING: of Stamko Development Agreement RECOMMENDATION: That the City Council receive and file this report. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta, Stamko Development Company, and Juvonen Living Trust entered into a Development Agreement in July 1997 (amended in December 1998). Said agreement contemplates that Stamko Development shall develop a commercial center containing three new car dealerships (Planning Area 1) and up to an additional six new car dealerships and/or auto related commercial pads and/or a mixed regional commercial development for structures up to 306,000 square feet (Planning Area 11), and a mixed commercial center for structures up to 400,000 square feet (Planning Area III). Stamko is obligated to dedicate certain right of way along Adams Street and Highway 1 1 1 that adjoin its commercial center. After dedication, the City is required to lease the right of way for Adams Street back to Stamko to make certain improvements. Once the improvements are completed and accepted by the City, the Development Agreement/Developer Lease Agreement provides that the City sublease the improvements from Stamko for a period of time ending no later than December 31, 2011. At the conclusion of the sublease, the lease also expires, thereby returning the right of way to City ownership. Stamko began construction on its project in the spring of 1999 and the first of three auto dealers opened for business in March 2000. The other two dealers opened 101 shortly thereafter. Several months ago, Stamko Development reported that a fourth parcel had been sold to another auto dealership, although to date that dealer/property owner has not moved forward. Stamko also processed, and received approval for, a site development permit for an auto -related retail/service center on approximately 5 acres in February 2000. Stamko has dedicated the required right of way to the City, and the City has leased said right of way to Stamko. The public facilities within the right of way are complete (with the exception of the new traffic signal) and the City accepted same on July 18, 2000. Stamko also amended the Development Agreement in relation to signage in June 2000. The City is closely monitoring this development agreement utilizing the services of a consultant to ensure compliance. At the present time, Stamko is complying with the Development Agreement and the project is moving forward as expected. The State statute that empowers cities to enter into development agreements requires that a periodic compliance review be held at least every twelve months during the term of the development agreement. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Receive and file this report; or 2. Provide staff with alternative direction. Respectfully submitted, 441�Ak Britt W. Wilson, Management Analyst City Manager's Office Approved for submission by: Thomas P. Genovese, City Manager CCSTFFSTAMKODEVAGMT09-19-OO.wpd 1 i 002 T4'y,, 4 4wQ" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 19, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Adoption of a Resolution Accepting a Donation PUBLIC HEARING: of a Technics Model PR-51 Piano From the "Friends of the La Quinta Senior Center" RECOMMENDATION: Adopt a Resolution of the City Council accepting a donation of a Technics Model PR-51 Piano from the "Friends of the La Quinta Senior Center" to the La Quinta Senior Center. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The "Friends of the La Quinta Senior Center" has donated a Technics Model PR-51 Digital Piano to the La Quinta Senior Center. The piano will be used to provide music during the monthly luncheons hosted at the Senior Center, as well as for special events. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting a donation of a Technics Model PR-51 Digital Piano from the "Friends of the La Quinta Senior Center" to the La Quinta Senior Center; or 2. Do not adopt a Resolution accepting a donation of a Technics Model PR-51 Digital Piano from the "Friends of the La Quinta Senior Center" to the La Quinta Senior Center; or 3. Provide staff with alternative direction. 103 Respectfully submitted, Dodie Horvitz, Commlunity Services Director Approved for submission by: Thomas P. Genovese, City Manager 104 S:\Community Services\CCReports\CC.062.wpd 002 RESOLUTION NO. 00- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCEPTING A GIFT WHEREAS, on August 14, 2000, the "Friends of the La Quinta Senior Center" generously donated to the La Quinta Senior Center a Technics Model PR-51 Digital Piano; WHEREAS, the gift was offered for donation to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donation. NOW THEREFORE, the City Council of the City of La Quinta does hereby RESOLVE as follows: The City of La Quinta hereby accepts the donation of a Technics Model PR-51 Piano from the "Friends of the La Quinta Senior Center" to the La Quinta Senior Center. vote: PASSED, APPROVED, and ADOPTED this 19' day of September with the following AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: KATHRINE JENSON, City Attorney lOJ City of La Quinta, California 003 S:\Community Services\CCReports\CC.062.wpd T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: September 19, 2000 ITEM TITLE: Approval of a Resolution in Support of Amtrak Passenger Rail Service Into the Coachella Valley AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: rZ STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council supporting Amtrak providing passenger rail service linking the Coachella Valley, Riverside, and Los Angeles. There are no fiscal implications in adopting this Resolution at this time. None. Since 1991, the Riverside County Transportation Commission (RCTC) has actively sought the expansion of Amtrak Intercity Passenger Rail Service into Riverside County and throughout the Coachella Valley. Commissioner Kleindienst and staff members from RCTC and CVAG have participated with Amtrak in developing Amtrak's new "Vision Plan." As part of Amtrak's new "Vision Plan," Amtrak has included this desired service for implementation within five years. On June 26, 2000, the RCTC Plans and Programs Committee approved a Resolution in support of Amtrak Passenger Rail Service into the Coachella Valley. This action was confirmed by the RCTC Commission at their meeting of July 12, 2000. RCTC staff has requested that each Coachella Valley City adopt a similar Resolution in order to express individual as well as regional support of this service. Presently, there is a long distance Amtrak station in the City of Palm Springs. There have been discussions for stations in Indio and Palm Desert; however, no decisions have been made. 106 T:\PWDEPT\COUNCIL\2000\000919a.wpd HB3700 is now being considered by Congress. This bill will provide Amtrak the authority to sell $10 billion in high speed rail bonds over the next ten years. The California Passenger Rail Systems' five year improvement plan, sponsored by Amtrak, provides for $150 million to extend passenger rail service into the Coachella Valley. The Coachella Valley Association of Governments (CVAG) has sent a letter to U.S. Representative Mary Bono indicating support of HB3700. A copy of CVAG's letter is included as Attachment 1. By passing the proposed Resolution, the City Council would state its support for providing Intercity Passenger Rail Service connecting the Coachella Valley with locations in Riverside and Los Angeles. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council supporting Amtrak providing passenger rail service linking the Coachella Valley, Riverside, and Los Angeles; or 2. Do not adopt a Resolution of the City Council supporting Amtrak providing passenger rail service linking the Coachella Valley, Riverside, and Los Angeles; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. CVAG Letter 10'7 002 T:\PWDEPT\COUNCIL\2000\000919a.wpd RESOLUTION NO. 2000- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA IN SUPPORT OF AMTRAK INTERCITY RAIL SERVICE WHEREAS, the Riverside County Transportation Commission and the Coachella Valley Association of Governments have long advocated the expansion of Intercity Passenger Rail service into Riverside County; and WHEREAS, the 1.3 million residents of Riverside County have been without daily Intercity passenger rail service for decades; and WHEREAS, the Coachella Valley is one of California's premier vacation and resort destinations, seasonally doubling local population; and WHEREAS, the primary economic and social links of Coachella Valley businesses and residents are with the cities and counties to the west, most notably, Riverside, San Bernardino, Orange, and Los Angeles; and WHEREAS, the major freeways linking Riverside. County to the west are frequently congested thus greatly increasing travel time; and WHEREAS, substantial local and state funds have been used to construct passenger rail stations in the cities of Palm Springs, Riverside, and Corona within Riverside County, and to upgrade railroad infrastructure into Orange and Los Angeles counties; and WHEREAS, AMTRAK, the National Railroad Passenger Corporation, is recommending rail service connecting Los Angeles and Fullerton with Riverside and the Coachella Valley. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of La Quinta wishes to state its strong support of all State and Federal efforts to begin frequent, daily passenger rail service linking the Coachella Valley, Riverside, and Los Angeles. W1, 003 T:\PWDEPT\COUNCIL\2000\000919a.wpd PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 191h day of September, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California F-1111111111439 JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 109 T:\PWDEPT\COUNCIL\2000\000919a.wpd 004 Aug-09-00 08:40A CoachellaValleyAssocOfGov 760 340 5949 P.01 ATTACHMENT 1 Post -it"' Fax Note 7671 Oulu p„ $111 To C p c0.1r3opl Co f�hdPw M F'nvnu 4 Fax" Fax N June 26, 2000 U.S. Representative; Mary Bono 1555 S. Palm Canyon Drive, Suite 0101 Palm Springs, CA 92262 RE: Support for House Bill 3700 Dcar Congresswoman Bono: This letter seeks your support for House Bill 3700, which provides Amtrak the authority to sell $10 Billion in high speed rail bonds over the next ten years. 'Ibe California Passenger Rail System Five - Year Improvement Plan, sponsored by Amtrak, provides for $150 Million to extend passenger rail service into the Coachella Valley. The Coachella Valley Association of Governments (CVAG) is comprised of the nine cities of the Coachella Valley, the County of Riverside, the City of Rlythe as well as two native Atncrican Indian tribes; the Agua Caliente Hand of Cahuilla Indians and the Cabazon Band of Mission Indians, The CVAG jurisdictions have consistently monitored the emerging demand fur alternative modes of transportation into the Coachella Valley. The most recently commissioned study so substantially demonstrated that demand that the local transit provider, SunLinc Transit, this past February implemented its SunLink service between the Coachella Valley and the Metrolink passenger rail station in Riverside, and 'rider -ship is steadily increasing. Furthermore, projected growth for the Coachella Valley warrants the need for at least three round trip trains on a daily basis. We strongly urge your support of House Bill 3700. We will be plcaseed to discuss this request with you further. Please contact me or Allyn Waggle of ray staff with any questions or comments. Very truly yours, Patricia A. Larson, Executive Director. xc; CVAt's T�:xex ut1Vc 0,43irmttm CVAG'rwansyortatign Committee Rivmitlr County Transportation Commission Gil Mallory. Amtrak wvg Allyn Waggle, AwOciatc uifwturi Truaarkneution, t: VAG, 110 006 Titit 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 19, 2000 CONSENT CALENDAR: g ITEM TITLE: STUDY SESSION: Approval of a Professional Services Agreement with PUBLIC HEARING: RJM Design Group, Inc. for the Parks and Recreation Master Plan Update RECOMMENDATION: Approve the Professional Services Agreement with RJM, Design Group, Inc. for the Parks and Recreation Master Plan Update and authorize the City Manager to execute the Agreement at a cost not to exceed $30,000. FISCAL IMPLICATIONS: Funding for the Parks and Recreation Master Plan Update was included in Fiscal Year 1999/2000 Budget in an amount of $20,000. These funds were carried over to Fiscal Year 2000/01, and supplemented by an additional $10,000 in Account # 101-251- 603-000, for a total budget of $30,000 for the Parks and Recreation Master Plan Update. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta's first Parks and Recreation Master Plan (Master Plan) was completed in April 1993 and is available for review in the City Clerk's office. The Master Plan should be updated every five years to reflect the growth and recreational needs of the community. The City Council authorized a Request for Proposals (RFP) at the December 7, 1999 City Council meeting. The RFP was sent to several firms that produce Parks and Recreation Master Plans. Staff received three proposals for the project. Staff reviewed the proposals and ranked them in the following order: RJM Design Group, Inc. (RJM); Purkiss-Rose-RSI, and Takata Associates. ill RJM will provide the necessary services in order to produce a document that will enable the City to assess the recreational facilities needed in La Quinta, and to plan accordingly. Should the Professional Services Agreement be entered into with RJM, it is anticipated that the firm will begin the process of updating the Master Plan by meeting with staff to begin evaluating current recreational facilities. RJM will provide staff with a questionnaire to be used at the Community Park public meeting on October 25, 2000. The questionnaire will be used to gain statistical information regarding the recreational desires of the community. The information gained from this questionnaire will be incorporated into the Master Plan Update. It is anticipated that the Master Plan Update will be completed within six months. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Professional Services Agreement with RJM, Design Group, Inc. for the Parks and Recreation Master Plan Update and authorize the City Manager to execute the Agreement at a cost not to exceed $30,000; or 2. Do not approve the Professional Services Agreement with RJM, Design Group, Inc. for the Parks and Recreation Master Plan Update; or 3. Provide staff with alternative direction. Respqctfully spbmitted, Dodie Horvitz,—Gom nity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Professional Services Agreement 112 002 S:\Community Services\CCReports\CC.066.wpd PROFESSIONAL SERVICES ATTACHMENT 1 AGREEMENT THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, (the "City"), a California municipal corporation, and RJM DESIGN GROUP, a California corporation, (the "Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT A. Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services related to the Parks and Recreation Master Plan Update, as specified in the "Scope of Work" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant agrees 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. B. Consultant's Proposal. The Scope of Work shall include the Consultant's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. C. 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. D. Licenses, Permits. Fees and Assessments. 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. E. Familiarity with Work. By executing this Agreement, Consultant represents that (a) it has investigated and considered the work to be performed, (b) it has investigated the site of the work and acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by THE CITY, it shall immediately inform THE 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 5.B hereof). F. Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, 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 THE CITY, except such losses or damages as may be caused by THE 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 THE CITY, when such inaccuracies are due to the negligence of Consultant. 004 113 G. Additional Services. In accordance with the terms and conditions of this Agreement, the Consultant shall perform services in addition to those specified in the Scope of Work (Exhibit "A") and the Project Schedule, attached as Exhibit `B" hereto and incorporated herein by reference, 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 fifteen percent (15%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 2.0 DELIVERABLES. A. Generall . Consultant shall be responsible for preparation of Instruments of Service or deliverables as specified in the List of Deliverables (Exhibit "C"), attached hereto and herein incorporated by reference. All written deliverables shall be in an 8.5 inch by 11.0 inch camera ready reproducible format, printed on one side only, and on a 3.5" disk in Word Perfect 7 format. All graphic material shall be as specified in Exhibit "C" or as directed by the City. B. Meetings. The meetings corresponding to services for this contract are set forth in the Lists of Meetings, attached as Exhibit "D" and herein incorporated by reference. The List of Meetings may be amended by mutual consent of the CITY' S CONTRACT OFFICER, and Consultant. C. Monthly Pro egr ss Reports. Consultant shall submit to THE CITY a written monthly progress report attached to the request for payment. These reports are considered a deliverable and, as such, a condition of this Agreement. Each progress report shall include, at a minimum, the following: • For each Task, a brief statement of the work performed since the last monthly progress report; • For each Task, a comparison of actual accomplishments to established objectives, milestones and/or deadlines; • Identification of reason(s) for "slippage" or "delay" if deadlines were not met or for failure to meet objectives or milestones. • Discussion of any issues that may have arisen or are expected to arise, problems encountered, changes in personnel, etc., that could affect or are affecting the work. • Discussion of any proposed changes in or amendments to the Scope of Work, attached hereto and herein incorporated by reference, and any delays or deviations from the Project Schedule, attached as Exhibit `B" hereto and incorporated herein by reference. • Work planned for the next reporting period and anticipated accomplishments. Each monthly progress report shall be updated to reflect an entire calendar month and subsequently submitted as a required attachment to any request for payment submitted by Consultant. Receipt and approval of monthly progress reports by THE CITY is mandatory prior to any issuance of payment to Consultant. D. Quarterly 11pdate. THE CITY may require that Consultant update the Project Schedule on a quarterly basis, dependent upon the nature and number of extensions that may have been previously approved. These updates are considered a deliverable and, as such, a condition of this Agreement. 114 3.0 COMPENSATION. A. Agreement Sum. For services rendered pursuant to this Agreement, THE CITY shall pay to Consultant an amount not to exceed thirty thousand dollars ($30,000) in accordance with the "Project Budget ", dated, and attached as Exhibits "E", and "Hourly Rates" as specified in a letter dated, attached as Exhibit "F", each Exhibit which is incorporated herein by reference. B. Maximum Amount of Allowable Costs. The "Project Budget " and "Hourly Rates" attached as Exhibits "E & F", states the maximum allowable costs ("total costs" as shown in the last column) for each of the tasks identified in the "Scope of World' Exhibit "A" and supplements thereto, all of which are attached and incorporated herein by reference. To shift funds from task to task in order that the maximum allowable cost for any task is to be increased or decreased requires the mutual consent of THE CITY'S CONTRACT OFFICER, and the Consultant. Preparation and distribution of a letter of confirmation by Consultant shall be incorporated as a matter of record into this Agreement upon mutual consent to shift funds. C. Payment to Consultant. Payment shall be made to Consultant only. It shall be the responsibility of Consultant to pay all Consultants, subConsultants and/or vendors for purchased goods or services. D. Payment in Arrears. Payment to Consultant shall be made in arrears, not more frequently than once every month, except that advance payments may be made for expenses related to - "Workshops" when circumstances dictate and when approved by THE CITY. E. Total of Invoices. The total of all invoices for tasks submitted by Consultant shall not exceed the amount set forth in the AGREEMENT SUM above. . F. Actual Costs. Reimbursement for the services of Consultant shall be based upon actual expenses incurred. G. Method of Payment. 1). Consultant shall prepare a checklist of milestones (Project Milestones for Progress Payments, Exhibit "G"), such as meetings (List of Meetings attached as Exhibit "D"), and/or deliverables (List of Deliverables attached as Exhibit "C") or other readily identifiable achievements, together with the percent of work represented by that milestone, deliverable, and/or achievement of the total work to be completed to fulfill the terms and conditions of this Agreement. A corresponding entry for each milestone, deliverable, and/or achievement shall be included in the Project Schedule, attached as Exhibit "B" and incorporated herein by reference. Subsequent to THE CITY'S approval of this checklist, payment up to and including ninety percent (90%) of the maximum allowable cost for each task shall be made to Consultant in accordance with the checklist. By way of example, for a month in which Consultant prepares and submits to THE CITY a draft report which is identified on the checklist as representing thirty percent (30%) of the total work to complete that Task, Consultant may request payment in the amount of thirty percent (30%) of the maximum allowable cost for that task. THE CITY shall make payment to Consultant for all such requests for payment up to but not exceeding an amount greater than ninety percent (90%) of the maximum allowable cost for that task. Aforementioned Project Milestones for Progress Payments as approved by THE CITY is attached as Exhibit "G" an incorporated herein by reference. 115 006 2). THE CITY shall withhold and retain ten percent (10%) of the maximum allowable cost for each of the aforementioned tasks. Upon completion of work in accordance with the terms and conditions of this Agreement and the Project Milestones for Progress Payments as approved by THE CITY and attached as Exhibit "G" and herein incorporated by reference, THE CITY shall release an amount up to but not exceeding this remainder ten percent (10%) as a lump sum payment to Consultant, upon receipt, review and approval of the Parks and Recreation Master Plan. Consultant's obligations under the terms of this AGREEMENT shall be deemed discharged upon issuance of the final monthly payment. 3). Payment of Reimbursable. Reimbursable expenses shall be billed directly by vendor to the City. In no event shall Consultant be reimbursed for any expense related to the purchase and/or consumption of any alcoholic beverage. Costs related to reproduction, printing, and supplies shall be reimbursed on the basis of actual charges. H. Responsibilities of Consultant. In any month for which Consultant is entitled to payment, Consultant shall submit to THE CITY'S Contract Officer a written request for payment that conforms to the following: • Submitted by or on the tenth day of the following month; • Submitted in a format prescribed by THE CITY. • Submitted together with a monthly progress report. • Submitted together with supporting documentation (bids, receipts, canceled checks, invoices, etc.) or in a format approved by the City. I. Responsibilities of THE CITY. THE CITY'S Contract Officer shall review all requests for payment to determine whether services performed and deliverable(s) submitted are consistent with this Agreement. Upon approval by the Contract Officer, payment to Consultant shall be made as promptly as fiscal procedures permit, generally within 30 days. J. Disputes. In the event of a disputed or contested request for payment, only that portion so disputed or contested shall be withheld from payment and the undisputed portion shall be paid. Consultant'S failure to provide legible receipts shall be grounds for non -reimbursement of related charges. THE CITY shall notify Consultant in writing of the basis of the dispute or contest. K. Records. THE CITY shall have the right to review all books and records kept by Consultant and any sub -Consultants in connection with the operation and services performed under this Agreement. THE CITY shall withhold payment for any expenditure not substantiated by Consultant'S or sub -Consultants' books or records. Consultant shall ensure that such books and records are retained for a period of three (3) years after satisfaction of the terms of this Agreement and that THE CITY shall have reasonable access to said books and records. L. Task Budget Amendments: Obligation of Consultant. It shall be the responsibility of Consultant to notify THE CITY that there is a need to consider shifting funds from task to task in order to increase or decrease the maximum allowable cost. Notice shall be given to THE CITY within a reasonable amount of time of discovering the need for revision such that THE CITY may duly consider the need and subsequent impacts upon the work to be completed and the Project Schedule. 007 116 4.0 PERFORMANCE SCHEDULE A. Schedule of Service: Consultant will perform services as expeditiously as is consistent with professional skill and care and the orderly progress of the project. B. Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the "Schedule of Performance" (also referred herein as the "Project Schedule") attached hereto as Exhibit "B" and incorporated herein by this reference. Extensions and amendments to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. C. Force Majeure. The time period specified in the Schedule of Performance (also referred herein as the Project Schedule) attached hereto as Exhibit "B" 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 the 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 the Consultant shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting 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 judgment such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. D. Term. Unless earlier terminated in accordance with Section 8.H 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 (Project Schedule) attached hereto as Exhibit "B". 5.0 COORDINATION OF WORK A. 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: 1. Robert Mueting, RJM Design Group, Inc. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for THE 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 THE CITY. B. Contract Officer. The Contract Officer shall be the City Manager or his designee of THE CITY. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by THE CITY to the Contract Officer. Unless otherwise specified herein, any approval of THE CITY required hereunder shall mean the approval of the Contract Officer. 117 008 C. Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for THE CITY to enter into this Agreement. Therefore, Consultant shall not contract with any other entity (other than those included in the Scope of Services) to perform in whole or in part the services required hereunder without the express written approval of THE CITY. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of THE CITY. D. Indpendent Consultant. Neither THE 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 Consultant of THE CITY and shall remain at all times as to THE CITY a wholly independent Consultant 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 THE CITY. E. THE CITY Cooperation. THE CITY shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed which are reasonably available to THE CITY. THE CITY shall additionally provide Consultant staff assistance and shall take prompt and appropriate action when it will assist in ensuring timely performance by Consultant hereunder. 6.0 INSURANCE, INDEMNIFICATION AND BONDS. A. Insurance. The Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's negligent or wrongful acts or omissions, to the extent of the Consultant's negligence or wrongfulness, rising out of or related to Consultant's performance under this Agreement. Consultant shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws and professional errors and omissions liability insurance. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to THE CITY. 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 THE CITY nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming THE CITY and its officers and employees as additional insureds as to the Consultant's liability hereunder shall be delivered to and approved by THE CITY prior to commencement of the services hereunder. 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 THE CITY, its Consultants or employees. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Coverage (personal injur /y property damage) Less than $50,000 $100,000 per individual; $300,000 per occurrence; $600,000 in the aggregate $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence 1118 009 B. Indemnification. The Consultant shall defend, indemnify and hold harmless THE CITY, its officers, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by THE CITY) and for errors and omissions committed by Consultant, its officers, employees and agents, arising directly or indirectly out of or related to Consultant's negligent or wrongful performance and to the extent of the Consultant's negligent or wrongful performance under this Agreement, except to the extent of such loss as may be caused by THE CITY's own negligence or wrongfulness or that of its officers or employees. C. Performance Bond. (Not Applicable to this Agreement). D. Payment Bond. (Not Applicable to this Agreement). E. Remedies. In addition to any other remedies THE 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, at its sole option: 1). Order the 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. 2). Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies THE CITY may have and are not the exclusive remedies for 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 subConsultants' performance of work under this Agreement. 7.0 RECORDS AND REPORTS. A. Rpports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. B. 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 principles. 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. C. 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, subConsultants and agents in the performance of this Agreement, shall be the property of THE CITY and shall be delivered to THE CITY upon the 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 THE CITY of its full rights of ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied herein. Consultant shall cause all sub -Consultants to assign to THE CITY any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify THE CITY for all damages suffered thereby. 119 0 10 D. 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, or if Consultant must use in defense of a claim. Consultant shall not disclose to any other private entity or person any information regarding the activities of THE CITY, except as required by law or as authorized by THE CITY. 8.0 ENFORCEMENT OF AGREEMENT. A. 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. B. Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, THE CITY may take such immediate action as THE CITY deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit THE CITY's right to terminate this Agreement without cause pursuant to Section 8.H. C. Retention of Funds. THE CITY may withhold from any monies payable to Consultant sufficient funds to compensate THE CITY for any losses, costs, liabilities or damages it reasonably believes were suffered by THE CITY due to the default of Consultant in the performance of the services required by this Agreement. D. Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Oarty on any default shall impair such right or remedy or be construed as a waiver. THE CITY's consent or approval of any act by Consultant requiring THE CITY's consent or approval shall not be deemed to waive or render unne essary THE 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. E. 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. F. Legal Action. In addition to any other rights or remedies, either party may take legal acti at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the pw Agreement. G. LIQUIDATED DAMAGES. (Not Applicable to this Agreement). 1 � O at law or .ormance -s of this Oil H. Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.I for termination for cause. THE CITY reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to 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 Project Budget (Exhibit "E") or such as may be approved by the Contract Officer, except as provided in 8.C. I. Termination For Default Of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, THE CITY may, after compliance with the provisions of 8.B, take over the work and prosecute the same to completion by contract or otherwise, and the 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 THE CITY shall use reasonable efforts to mitigate such damages), and THE CITY may withhold any payments to the Consultant for the purpose of set off or partial payment of the amounts owed THE CITY as previously stated in 8.C. J. 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. 9.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION. A. Non-liabili , of City Officers and Emplo, ees. No officer or employee of THE CITY shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by THE CITY or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. B. Conflict of Interest. No officer or employee of THE CITY shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. C. 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. 121 �i2 10.0 MISCELLANEOUS PROVISIONS A. Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to 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 10.A. To City: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 Attention: City Manager To Consultant: RJM Design Group, Inc. 31591 Camino Capistrano San Juan Capistrano, CA 92675 Attention: Robert Mueting B. Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. C. 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. D. SeverabilitX. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. E. 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. Dated: CITY OF LA QUINTA, a California Charter and Municipal Government THOMAS P. GENOVESE, City Manager "CITY" 122 013 ATTEST: DUNE S. GREEK, City Clerk APPROVED AS TO FORM: KATHERINE JENSON, City Attorney RJM Design Group, Inc. a California corporation By: Name: Title: Dated: "Consultant" 123 014 EXHIBITS "A" Scope of Services "B" Project Schedule "C" List of Deliverables "D" List of Meetings "B" Project Budget "F" Hourly Rates "G" Project Milestones for Progress Payments 124 UL EXHIBIT "A" SCOPE OF SERVICES 1.0 Project Introduction, Organization and Coordination • Conduct an initial meeting with City staff to confirm and clarify scope of work • Meet with City Project Management Team and Sports User Group Representatives • Prepare Questionnaire for Sports User Group 2.0 Facility Inventory • Photo inventory City park facilities • Update existing recreation facility map • Update existing trails map • Provide an outline site analysis and assessment of each park site 3.0 Community Needs Assessment • Develop a demographic profile of the City using Census 2000 information • Prepare a simulation of participation rates for the City based on surveys conducted in other cities and La Quinta demographics • Prepare a Community Questionnaire to be used at the community workshop to allow for maximum community participation • Provide a Facilities Needs Ratio Chart 4.0 Proposed Projects • Provide Preliminary Park Concept Diagrams • Provide Proposed Facilities Map 5.0 Master Plan Document • Provide a draft Master Plan document. 125 016 S:\Community Services\Community Park\Professional Service Agreement -Parks and Recreation Master Plan.wpd SECTION 3.0 SCOPE OF SERVICES The Consultant Team will assist the city in conducting a community -based planning effort to assess, evaluate, update and define the need for recreation programs and facilities in the City of La Quinta. As part of this joint planning effort, the Consultant Team, with City staff, shall develop an understanding of the City's park and recreation facilities, review all pertinent facts, analyze information, develop alternatives and recommend viable solutions. The joint planning effort with the city shall include an inventory and assessment of Citywide and regional facilities, existing use patterns and identify deficiencies as may be pertinent to the development of new facilities. The services that the Consultant Team and the City staff shall perform under this scope of work include the following: PHASE 1.0: PROJECT INTRODUCTION, ORGANIZATION AND COORDINATION TASK 1.1 Conduct an initial meeting with the City to confirm and clarify the scope of work, project objectives, work products, methodology, schedule, and roles and responsibilities. Obtain digital files of City maps, existing Master Plan, and General Plan. Combine this task on same day as task 1.2 and task 2.1 1.2 Meeting with City Project Management Team and Sports User Group representatives. Combine this task on same day as task 1.1 and task 2.1 ➢ Prepare special questionnaire for Sports User Group. City to tabulate. PRODUCTS: Develop the following products associated with above tasks: Sport User Group Questionnaire MEETINGS: Conduct one (1) meeting with City staff related to above Tasks. One (1) City Project Management Team /Sports User Group representatives meeting. PHASE 2.0: FACILITIES INVENTORY TASK 2.1 RJM Photo inventory, City to describe and record existing and proposed park sites, recreation facilities and school sites in the City of La Quinta. Combine this task on same day as task 1.1 and task 1.2 It is assumed that it will not be necessary to visit private facilities (nor to contact property management companies) to update the inventory. (City staff to provide inventory update information.) Matrix format to be provided by Consultant Team. 2.2 Update existing recreation facilities map (on digital base provided by the city). 2.3 City to provide digital copy of existing and potential trails map for updating by consultant. 126 City of La Quinta Parks and Recreation Master Plan Update - Revised 8/29/00 000-14 017 2.4 Meeting with City Staff to review City's outline analysis and assessment of each park site (proposed, planned or under construction), recreation facility, and potential park site in the La Quinta area based on the following factors: Physical features, major active and passive recreation elements, major support facilities, and overall park condition, pedestrian and vehicular circulation, land use compatibility, topography, vegetation, aesthetics, and environmental sensitivity. (Private facilities are not included.) PRODUCTS: Develop the following products associated with the above tasks: Photo Inventory of Existing and Potential Park Sites, Trails and Facilities. Outline Site Analysis and Assessment Update Recreation Facilities Map Update Trails Map MEETINGS: One (1) meeting with the City staff related to the above tasks. PHASE 3.0: COMMUNITY NEEDS ASSESSMENT TASK 3.1 Review pertinent data provided by the City (demographics, existing survey data and various City plans including the General Plan - Open Space, Parks, and Conservation Element, and Park and Recreation Master Plan). 3.2 Using the most current demographic information available for the City, develop a demographic profile of the City. Steps in this process involve a review of data regarding La Quinta's population base as defined in the 1990 Census, as well as updates to the current year of key variables as provided by one of several summary tape processing centers such as National Decision Systems, Inc. Data regarding growth between 1990 and 2000 will be further verified by an analysis of the residential development which has taken place, based on building permit records. As available, demographic data regarding age, household size, and income characteristics will be obtained for the City of La Quinta. Particular attention will be given to identifying La Quinta residents who are permanent residents versus those residing here seasonally, as recreation needs will be impacted differently. The previous Master Plan, which was prepared in 1993, divided the City into four sub -areas. While it is possible to do this given the proposed methodology, we do not envision an analysis of sub -areas within the City in this proposal. Any sub -area analysis would result in additional costs for the needs analysis. This data will be analyzed and projections of population will be prepared. Information from other agencies, especially the School District, Riverside County Planning Department, The Coachella Valley Association of Governments (CVAG), U.S. Postal Delivery Records and the Southern California Association 127 City of La Quinta Parks and Recreation Master Plan Update - Revised 8/29/00 r, g 000-14 0 of Governments (SCAG), will be used as input into the population projections. In addition, the Consultants will interview the City's Planning Department to define the extent and timing of future population growth. This evaluation will provide estimates of the current population base and projections of future growth in five-year increments over the next 10 years or until build out of the City is achieved. Available demographic data regarding such variables as age, household size, and income characteristics will be analyzed in order to identify and geographically locate special populations such as seniors, teens, preschoolers, etc. for use in the demand analysis. Special attention will be given to any sub -groups of the population which show unusual growth trends. (Note: City to complete sports survey interviews and tabulation) Prepare a simulation of participation rates for La Quinta based on survey consultant team conducted in other cities and La Quinta demographics. This will be very general as demographic data is so far out of date. It is recommended that the demographic analysis and demand analysis be delayed until 2000 Census data is available. 3.3 Based on simulated recreation patterns of residents, estimate the type and number of facilities necessary to satisfy those preferences. 3.4 City to plan and conduct a community workshop to allow maximum community participation. A. Coordinate with City Staff prior to workshop to prepare community questionnaire. B. The workshop will address and solicit input regarding the community's park and recreation related needs and priorities. This workshop will allow opportunities for interests such as organized recreation groups to provide input regarding their special needs. 3.5 Prepare an outline which summarizes the evaluation of information gathered from the demand analysis and develop a summary table incorporating the following: per capita participation by type of activity, peak day demand, turnover rate per day, design standard or capacity of the facility, and number of facilities demanded. The outline shall also include facility need ratios developed during the demand analysis, identify projected needs for 2000 and project needs into the future. Meet with City Staff to review data. PRODUCTS: Develop the following products associated with the above tasks: Community Questionnaire Facility Needs Ratio Chart Meeting Notes MEETINGS: One (1) meeting with the City staff related to the above tasks. 1 #) 8 City of La Quinta Parks and Recreation Master Plan Update - Revised 8/29/00 (, 000-14 019 PHASE 4.0: PROPOSED PROJECTS TASK 4.1 Based on the community planning process, the Consultant shall assist city in developing priorities related to the type and number of elements/amenities recommended for the La Quinta Parks and Recreation Master Plan Update. Meet with City Management Team to review. 4.2 Prepare preliminary concept diagrams consistent with recreational demands identified and park land capacity to meet them. Submit to City Staff to review. 4.3 Prepare proposed Recreation Facility Map. PRODUCTS: Preliminary Park Concept Diagrams Proposed Facilities Map MEETINGS: One (1) meeting with Management Team PHASE 5.0: MASTER PLAN DOCUMENT TASK 5.1 Based on previously outlined tasks, RJM Design Group, Inc. shall assist city in developing a "screen" draft Master Plan Document. Meet with City Management Team to review. (City to provide word processing of final document.) 5.2 Prepare a draft version of maps only for Master Plan document for general public distribution and consideration at formal public hearings. 5.3 After City Council action RJM Design Group, Inc. shall prepare final maps only for final Master Plan document that incorporates all Council -directed changes. PRODUCTS: Provide the following products associated with the above tasks: Original Graphics "Screen" draft Master Plan Document MEETINGS: One (1) meeting with the Management Team. 129 City of La Quinta Parks and Recreation Master Plan Update - Revised 8/29/00 000-14 020 4.0 FEE SCHEDULE It is the objective of the Consultant Team to provide the most comprehensive, yet efficient approach to the development of the City of La Quinta Parks and Recreation Master Plan Update. Fees for each phase of the scope of work are as follows: Phase 1.0 Project Introduction, Organization and Coordination $ 1,840.00 Phase 2.0 Facilities Inventory $ 4,348.00 Phase 3.0 Community Needs Assessment $ 11,924.00 Phase 4.0 Proposed Projects $ 4,308.00 Phase 5.0 Master Plan Document $ 7,580.00 TOTAL FEE $ 30,000.00 It is our understanding that the City will open an account with a local blueprint company to handle all plotting, printing, reproduction, photo, and delivery. When incurred, the following project expenses will be billed at cost plus 15% handling fee. All reproduction, copying, printing, plotting, photography, graphics, and delivery Long Distance telephone, fax, modem Public transportation, charter or rental and mileage Special rendered exhibits and printed reports. ADDITIONAL SERVICES Additional services include, but are not limited to the following: A. Changes to the Basic Services B. Revisions to drawings, maps, or other documents, which are inconsistent with previously given approvals or instructions. C. Revisions to drawings, maps, or other documents, required by the enactment or revision of codes, laws or regulations, subsequent to the preparation of such documents. PAYMENTS Payments will be due and payable on a monthly basis following the completion of any substantial phase of work. Carrying charges for overdue accounts beyond 30 days of billing date are charged at 1-1/2% of the amount due, compounded monthly. 130 City of La Quinta Parks and Recreation Master Plan Update - Revised 8/29/00 f' 000-14 U PROJECT SCHEDULE PHASE 1.0 PROJECT INTRODUCTION, ORGANIZATION, AND COORDINATION 2 WEEKS PHASE 2.0 FACILITIES INVENTORY 8 WEEK (CONCURRENT WITH PHASE 3.0) PHASE 3.0 COMMUNITY NEEDS ASSESSMENT 12 WEEKS PHASE 4.0 PROPOSED PROJECTS 6 WEEKS PHASE 5.0 MASTER PLAN DOCUMENT 6 WEEKS TOTAL 26 WEEKS We feel the project can be completed within the 6 month time period projected by the City assuming City provided data and project reviews are timely. 131 City of La Quinta Parks and Recreation Master Plan Update - Revised 8/29/00 / 000-14 022 1.0 2.0 3.0 4.0 5.0 EXHIBIT "B" PROJECT SCHEDULE Project Introduction, Organization and Coordination Facility Inventory Community Needs Assessment Proposed Projects Master Plan Document Total Project Schedule Two (2) Weeks Eight (8) Weeks- Concurrent with Phase 3.0 Twelve (12) Weeks Six (6) Weeks Six (6) Weeks Twenty-six (26) Weeks 132 023 S:\Community Services\Community Park\Professional Service Agreement -Parks and Recreation Master Plan.wpd EXHIBIT "C" LIST OF DELIVERABLES • Questionnaire for Sports User Groups • Photo Inventory of Existing and Potential Park Sites, Trails. and Facilities • Outline Site Analysis and Assessment • Updated Recreation Facilities Map • Updated Trails Map • Public Workshop Questionnaire • Facility Needs Ratio Chart • Workshop Summary • Meeting Notes • Preliminary Park Concept Diagrams • Proposed Facility Map • Draft Master Plan Document Note: All written material will be in WordPerfect 7. Diskette copies of the draft Parks and Recreation Master Plan documentation are required. All data, information, materials and work produced including final camera ready text, maps and graphics including all digital files will become the sole property of the City of La Quinta. 133 024 S:\Community Services\Community Park\Professional Service Agreement -Parks and Recreation Master Plan.wpd 1.0 2.0 3.0 4.0 5.0 EXHIBIT "D" LIST OF MEETINGS Project Introduction, Organization and Coordination Facility Inventory Community Needs Assessment Proposed Projects Master Plan Document One meeting with staff One meeting with Sports User Groups One meeting with staff One meeting with staff One meeting with staff One meeting with staff 134 025 S:\Community Services\Community Park\Professional Service Agreement -Parks and Recreation Master Plan.wpd 1.0 2.0 0 4.0 5.0 Total EXHIBIT "E" PROJECT BUDGET Project Introduction, Organization and Coordination $1,840 Facility Inventory $4,348 Community Needs Assessment $11,924 Proposed Projects $4,308 Master Plan Document $7,580 $30,000 135 026 S:\Community Services\Community Park\Professional Service Agreement -Parks and Recreation Master Plan.wpd Project Manager Landscape Architect Facility Analyst Cad Designer Clerical Demographic Analyst EXHIBIT "F" HOURLY RATES $100 per hour $80 per hour $70 per hour $70 per hour $45 per hour $100 per hour 136 027 S:\Community Services\Community Park\Professional Service Agreement -Parks and Recreation Master Plan.wpd 1.0 2.0 3.0 4.0 W EXHIBIT "G" PROJECT MILESTONES FOR PROGRESS PAYMENTS Project Introduction, Organization and Coordination Facility Inventory Community Needs Assessment Proposed Projects Master Plan Document Completed One third payment One third payment One third payment One third payment One third payment One third payment Completed Completed 137 028 S:\Community Services\Community Park\Professional Service Agreement -Parks and Recreation Master Plan.wpd T4'yl 4 4 4" COUNCIL/RDA MEETING DATE: September 19, 2000 ITEM TITLE: Approval of an Art Purchase Agreement with William Ware for the Civic Center Campus Artwork RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 9 STUDY SESSION: PUBLIC HEARING: Approve the Art Purchase Agreement with William Ware for the Civic Center Campus Artwork and authorize the City Manager to execute the Art Purchase Agreement with the artist at a cost not to exceed $90,000. FISCAL IMPLICATIONS: At the July 18, 2000 City Council meeting, the City Council approved the "La Quinta Mountain Range" for the Civic Center Campus project, as presented by William Ware. The cost of the three sets of "mountains" total $90,000. The funds for this project have been allocated from the Art in Public Places Account #701-000-255-21 1 for the Civic Center Campus project. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the January 18, 2000 City Council meeting, it was determined that the Civic Center Campus improvement project would include five artist components: bronze relief map, enhanced pavement amenities; acknowledgment areas for veterans, sports figures, and celebrities; enhanced bridge railings and a linear water feature. The amount of $340,000 from the Art in Public Places account was allocated for these artistic amenities. At the March 7, 2000 City Council meeting, a Request for Qualifications was approved and sent out to 94 artists for possible submission of proposals for the Civic Center Campus. Seven concepts were submitted for consideration: one bronze relief map, two bridge railing enhancements and four sculptures. SET At the May 2, 2000 City Council meeting, the City Council approved the general concept of the Bronze Relief Map by Artist Sandy Swan, and did not approve the other proposals. At the June 20 City Council meeting, the final details to be included as part of the Bronze Relief map were approved and an Art Purchase Agreement was authorized for the Bronze Relief Map. At the May 16, 2000 City Council meeting, a second Request for Qualifications was approved by the Council to solicit proposals for the following components of the Civic Center Campus Artwork: A geyser type water feature; acknowledgment areas for celebrities, sports figures and veterans; and pavement amenities. A total of 498 RFQ's were sent to artists. Twelve artists had submitted proposals for the Civic Center Campus Artwork: six proposals were submitted for the geyser type water feature; six proposals were submitted for the acknowledgment areas; and five proposals were submitted for the pavement amenities. At the July 13, 2000 Cultural Arts Commission meeting, the Commission reviewed the proposals and forwarded four recommendations: "Tree of Life" as proposed by Carlos and Miguel De La Torre "Animal Tracks" as proposed by Sandy Swan "La Quinta Mountain Range" as proposed by William Ware "Mosaic Native American Themes" as proposed by Peter Ladochy At the July 18, 2000 City Council meeting, the City Council approved the art work concepts presented by Sandy Swan, William Ware, and Peter Ladochy, as provided in Attachment 1. The proposal by Mr. Ware includes three bronze "mountain ranges" that will have a height of approximately seven feet with a width of six to seven feet each and a depth of four to five. Each "mountain range" will have panels that can be removed for engraving the names of veterans, celebrities, and sports figures onto the panels. The Art Purchase Agreement between the City and Mr. Ware is provided as Attachment 2. The Schedule of Compensation included in the Art Purchase Agreement (Attachment 2) provides payment to the artist as the project progresses. Unlike Public Works project progress payments, the artist requests payment upon the start of the project, to purchase materials and supplies specific to the art work for the City. Final payment is issued upon final acceptance of the project. 13 002 S:\Community Services\CCReports\CC.064.wpd Once the Art Purchase Agreement has been executed, the artist will work with Tom Doczi of TKD and Associates, the Landscape Architect for the Civic Center Campus project. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Art Purchase Agreement with William Ware for the Civic Center Campus Artwork and authorize the City Manager to execute the Art Purchase Agreement with the artist at a cost not to exceed $90,000; or 2. Do not approve the Art Purchase Agreement with William Ware for the Civic Center Campus Artwork; or 3. Provide staff with alternative direction. RespTtfully � III r DOdie Horvitz; Community Services Director Approved for submission b Thomas P. Genovese, City Manager Attachments: 1 . Minutes from the July 18, 2000 City Council Meeting 2. Art Purchase Agreement 140 003 S:\Community Services\CCReports\CC.064.wpd N ATTACHMENT 1 City Council Minutes 8 July 18, 20 C ncil Member Henderson supported staff continuing informal meeti with the ious agencies and coming back with a formal recommendati t the end of the r. Council Me r Sniff agreed and felt the informal dis sions should include a mission state %Adolmemgreed. bership, powers, terms, b get, and staffing needs. Council Membe Council Member Perkins felt y sho not be limited to quarterly meetings and wished to have a recomm on back to Council in time to consider before next year's budget. Mayor Pena suggested the ould also repo the Chamber of Commerce sub- committee and that th ity's representative o hat committee could report back to Council. H ished to have a report bac Council during the first quarter of next y MOTION - It as moved by Council Members Sniff/Henderson N thorize staff to continu meeting informally with the Chamber of Commerce, and other interest parties to discuss marketing strategies and to report back ouncil after a end of the year. Motion carried unanimously. MINUTE ORD 0. 2 -137. 8. CONSIDERATION OF CIVIC CENTER CAMPUS ART WORK PROPOSALS. Community Services Director Horvitz presented the staff report. In response to Council Member Adolph, Ms. Horvitz stated decorative railings on the bridge were removed from the RFQ and not included with this funding. She stated the pavement amenities will be scattered throughout the campus. Council Member Adolph voiced concern about continuity. Ms. Horvitz stated the Cultural Arts Commission has recommended the Tree of Life for the water feature, the Mosaic Native American Themes and Animal Tracks for pavement amenities, and the La Quinta Mountain Range for the acknowledgment areas for a total expenditure of $273,000. Council Member Adolph did not recall Council asking for an art feature in the lake other than a fountain geyser. 141005 -7 .,.,�ncil Minutes 0 July 18, 2000 Council Member Sniff noted a location for the DeMartino art piece still needs to be determined. In response to Mayor Pena, Senior Engineer Freeland stated the geyser is anticipated to be located at the north end of the lake approximately 60-80 feet from the shore. Council Member Henderson understood the three acknowledgment areas would be spread throughout the campus. Mayor Pena understood the DeMartino art piece was designed to be located behind the archway. Ms. Horvitz advised the Cultural Arts Commission has recommended the DeMartino art piece be located southeast of the lake and the artist has agreed with this placement. Council Member Sniff suggested contacting companies that design and install water features/fountains instead of having an artist design it. He liked the idea of water in motion similar to the fountain in front of Laguna de la Paz. Council Member Henderson agreed and noted there are water architects that make the water itself the art piece. In response to Council Member Perkins, Mr. Freeland confirmed water rapids will be featured under the bridge. Council Member Adolph suggested a design similar to the Washington Street bridge be used on the bridge railings. Council Member Perkins agreed. Council proceeded to discuss the Commission's recommendations as follows: Water Feature After a brief discussion, Council concurred to direct staff to contact water architects to design a water feature and to report back to Council. Pavement Amenities Council Member Perkins suggested the sidewalks be constructed with colored cement. 142 006 City Council Minutes 10 July Council concurred. Council further concurred on utilizing seven panels of the Mosaic Native Indian Themes and 12 sections of Animal Tracks (descriptive plaques to be considered at a later time) to be placed randomly throughout the campus. Acknowledgment Areas A brief discussion ensued regarding the Mountain Range art piece and Ms. Horvitz advised it could be separated into three separate pieces. Bill Ware, the artist for the Mountain Range, advised he could create three different mountain ranges in a reduced size (approximately 8' X 7') for the same price and would work with the landscape architect for a covering around the bottom edges. Council Member Henderson spoke regarding the memorial monuments proposed by Peter Urbon and stated she felt four of them would look too much like billboards and that they exceed the budget amount. However, she felt there might be some potential for modification to reduce the cost and asked if there was any consideration by Council to possibly use one on the campus. -�l Council Member Perkins suggested one of the pieces could be used at the entrance for the City Seal. Council concurred to utilize three Mountain Range art pieces for three acknowledgment areas and to look at the other proposals when the water features come back for Council's consideration. City Manager Genovese advised contracts will be negotiated for each of the selected art pieces (Mosaic Native Indian Theme panels, Animal Tracks, and Mountain Ranges) and brought back individually for Council's consideration. MOTION - It was moved by Council Members Sniff/Adolph to direct staff to negotiate contracts with the three artists for selected art pieces (seven Mosaic Native Indian Theme panels, 12 Animal Track sections, and three reduced -size Mountain Ranges) for the Civic Center Campus and to bring them back to Council for approval. Motion carried unanimously. MINUTE ORDER NO. 2000-138. 143 00 ATTACHMENT 2 ART PURCHASE AGREEMENT THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this day of , 2000, by and between THE CITY OF LA QUINTA, a California municipal corporation (the "City"), and WILLIAM WARE ("Artist"). RECITALS A. The CITY is currently constructing the Civic Center Campus. The CITY is commissioning the fabrication and installation of certain ARTWORK (the "Artwork") to be installed and displayed at the SITE LOCATION which is located on the Civic Center Campus, at the southwest corner of Calle Tampico and Washington (the "Site Location"). NOW, THEREFORE, the parties hereto, for the consideration and under the conditions hereinafter set forth, hereby mutually agree as follows: ARTICLE I. SCOPE OF SERVICES 1.1 Scope of Design Services. Artist shall prepare or cause to be prepared, any required approvals for all shop drawings, details, and samples, and shall do all other things necessary and incidental to the performance of the Artist's obligations pursuant to this Agreement. 1.2 Scope of Fabrication Services. Artist shall fabricate, transport and install the Artwork pursuant to and by the times set forth in the Scope of Design Build Services and the Schedule of Performance attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this reference. The City shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit to the City monthly progress narratives, including photographs, as required by the Schedule of Performance (Exhibit B). The narratives shall include the percentage of the Artwork completed to date, along with an estimated completion date. Artist shall furnish all tools, equipment, apparatus, facilities, plant, labor, services, materials, and all utilities and transportation, including power, fuel, and water, and to perform all work necessary to construct, transport and install in a good and workmanlike manner the scope of work set forth in the Scope of Design Build Services (Exhibit A), or reasonably inferable therein, together with the appurtenances thereto, at the Site Location. It is understood and agreed that all said plant, labor, services, materials, equipment, and facilities shall be furnished and said work performed and completed by Artist as an independent contractor, subject to the inspection and approval of the City or its representatives. The Artist shall present to the City in writing for further review and approval any and all significant changes in the scope, design, color, size, material or texture, of the Artwork not permitted by or not in substantial conformity with the approved working drawings and the v' " S:\Community Services\Civic Center Campus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT 144 Art Purchase Agreement Scope of Design Build Services (Exhibit A). A significant change is any change in the scope, design, color, size, material, texture, or Site Location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services (Exhibit A). Artist shall at all times maintain proper facilities and provide safe access for inspection of the Artwork by the City, its engineer or representatives, and to the sites wherein the Artwork is located prior to installation. Where specifications require work to be specially tested or approved, it shall not be tested without timely notice to the City, of its readiness for inspection and without the approval thereof, or consent thereto by the City. The Artist shall promptly notify the respective departments or official bodies when its work is ready for inspection and shall, at once, do all work required to remove any violations or to comply with such inspections, without additional charge to the City. The Artist shall perform all work necessary to obtain approvals from the authorities mentioned above without additional cost to the City. 1.3 Change Orders. In addition to the change orders and extra work specified and provided for in the Scope of Design Build Services (Exhibit A), the City may at any time during the progress of the completion and installation of the Artwork and up to the date of the issuance of a Notice of Completion as hereinafter defined, when in the City's reasonable determination the public interest and necessity so require, request any alterations, deviations, additions to or omissions from this Agreement, Scope of Design Build Services (Exhibit A), or the work, labor and materials to be furnished thereunder, and the same shall in no way affect or make void this Agreement. Artist shall adhere strictly to the Scope of Design Build Services (Exhibit A), unless a change therefrom is authorized in writing. In such case, the terms of said change shall be understood and agreed upon in writing by the City and Artist before commencement of said revised work. 1.4 Post -Fabrication Services. a. The Artist shall notify the City in writing when fabrication of the Artwork is completed and ready for delivery and installation at the Site Location which is designated in Exhibit A and B, attached hereto and incorporated herein by reference. b. Upon completion and at all times during fabrication and installation, the Artwork shall comply with all applicable statutes, ordinances and regulations of any governmental agency having jurisdiction over the Artwork. 1.5 Post -Installation. a. The Artist shall be available at such reasonable time or times as may be S:\Community Services\Civic Center Campus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT U 0 0 145 Art Purchase Agreement agreed between the City and Artist to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork. b. The City shall use reasonable efforts to arrange for publicity for the completed Artwork by local media and publications, and otherwise as may be determined between the City and Artist as soon as practicable following installation. C. Upon installation of the Artwork, the Artist shall provide the City with written instructions for appropriate maintenance and preservation of the Artwork. 1.6 Final Acceptance. a. The Artist shall advise the City in writing that the Artwork will become the responsibility of the City on the effective date of completion of the project and the acceptance as complete by the City. Following receipt of such notice the City shall cause the installed Artwork to be inspected by suitably qualified and appropriate professional(s), and within five (5) days following completion of such inspection(s), the City shall either provide Artist with reasonably specific written objections to the installed Artwork or notify the Artist of its acceptance of the Artwork by a Notice of Completion in the form attached hereto as Exhibit D. Such Notice of Completion (Exhibit D) shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. b. Final Acceptance by the City of the ownership of the Artwork will occur at the filing of the Notice of Completion. 1.7 Risk of Loss. Upon receipt of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by the City. The Artist shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the Notice of Completion is made by the City. 1.8 Title. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall remain with the Artist and shall pass and vest with the City upon issuance of Final Acceptance or Termination pursuant to Article IX hereof. ARTICLE II. TIME OF PERFORMANCE 2.1 Time. Artist does agree to punctually and diligently perform all their obligations under this Agreement. It is further understood and agreed that should the Artist fail to furnish the labor, materials, equipment, and or services, to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Artist shall, in addition to any other penalties provided in the Agreement, be liable to the City for all losses or damages that either may suffer on account thereof. 146 In the event Artist at the time refuses or neglects to supply a sufficient number of 010 S:\Community Services\Civic Center Campus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT Art Purchase Agreement properly skilled workers or a sufficient quantity of materials of proper quality, or in effect be adjudicated bankrupt, or files a voluntary petition in bankruptcy, or commits any act of insolvency, or makes an assignment, for benefit or creditors, without the City's consent, or fails to make prompt payment to his materialmen and laborers, or fails in any respect to properly and diligently prosecute the work covered by this Agreement, or otherwise fails to perform fully any and all of the Covenants and obligations herein contained; then the City may, at its option, after giving twenty-four (24) hours written notice to Artist, provide any such labor and materials as may be necessary and deduct the cost thereof from any money then due or thereafter to become due to Artist under this Agreement; or the City and may at its option, terminate the Artist's right to proceed with the work and, in that event, the City shall have the right to enter upon the Artist's warehouse and take possession, for the purpose of completing the work included under this Agreement, of the Artwork or any portion thereof, and all materials, tools, and appliances thereon, and may employ any other person or persons to finish the work and provide the materials therefor. In the case of such discontinuance of Artist's right to proceed with the work, Artist shall not be entitled to receive any further payment under this Agreement until the work undertaken by the City is completely finished. At that time, if the unpaid balance of the amount to be paid under this Agreement exceeds the expenses incurred by the City in finishing Artist's work, such excess shall be paid by the City to the Artist, but if such expense shall exceed such unpaid balance, then Artist shall promptly pay to the City the amount by which such expense shall exceed such unpaid balance. The expense incurred by the City as herein provided, either for furnishing materials or for finishing the work, and any damages incurred by the City by reason of Artist's default, shall be chargeable to, and paid by Artist, and the City shall have a lien upon all materials, tools, and appliances, taken possession of, as aforesaid, to secure the payment thereof. If the City elects not to terminate Artist's right to proceed, Artist agrees to reimburse the City for losses or damages resulting from the delay in speedy progress of work. If Artist should neglect to prosecute the work properly or fail to perform any provisions of this Agreement, the City, after three (3) days' written notice to Artist, may without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due Artist; provided, however, that the City shall approve such action and certify the amount thereof to be charged to Artist. ARTICLE III. WARRANTIES 3.1 Title. The Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City, the Artwork is unique and original and does not infringe upon any copyright; (c) the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Artwork is free and clear of any and all encumbrances and/or monetary liens. 3.2 Quality and Condition. The Artist represents and warrants, except as otherwise disclosed to the City in writing, that: (a) the fabrication of the Artwork will be performed in a 4 7 workmanlike manner; (b) the Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects consisting of "inherent vice" or qualities which cause or accelerate deterioration of the Artwork; and (c) U i I S:\Community Services\Civic Center Campus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT Art Purchase Agreement reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City hereunder. The warranties described in this Section 3.2 shall survive for a period of one (1) year after the Acceptance of the Artwork, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from after Acceptance of the Artwork. The City shall give notice to the Artist of any observed and claimed breach with reasonable promptness. The Artist shall, at the request of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork). ARTICLE IV. PERFORMANCE BONDS The Artist shall not be required by the City to post any performance bonds or similar undertakings, and any requirement of any other authority for performance bonds shall be the responsibility of the City. Nevertheless, Artist shall prevent any lien from attaching to the Artwork by any person claiming under Artist. ARTICLE V. REPRODUCTION RIGHTS 5.1 General. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et seq., and all other rights in and to the Artwork except ownership and possession, except as such rights are limited by this Agreement. In view of the intention that the Artwork in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, dimensional reproductions of the final artwork, nor shall the Artist grant permission to others to do so except with the written permission of the City and at such time as Final Acceptance by the City at which time the City alone map approve. The Artist grants to the City, and its agents an irrevocable license to make two-dimensional reproductions of the Artwork for noncommercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications, provided that these rights are exercised in a tasteful and professional manner. 5.2 Notice. All reproductions by the City shall contain a credit to the Artist and denote its location, provided that the Artwork is protected by United States copyright law and reasonable substantiation thereof is provided to the City. 5.3 Registration. The Artist may at its expense cause to be registered, with the United States Register of Copyrights, a copyright in the Artwork in the Artist's name. 148 S:\Community Services\Civic Center Campus ArtworkMARE-MONUMENT ART PURCHASE AGREEMENT 012 Art Purchase Agreement ARTICLE VI. ARTIST'S RIGHTS 6.1 Identification. The City shall, at its expense, prepare and install at the Site, a plaque identifying the Artist, the title of the Artwork and the year of completion, and shall reasonably maintain such notice in good repair against the ravages of time, vandalism and the elements. 6.2 Maintenance. The parties recognize that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. 6.3 Repairs and Restoration. a. The City shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. To the extent practical, the Artist, during the Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that the City and the Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon the Artist's fee for such services. No fees shall be paid to Artist for repair or restoration due to a breach of the representations and warranties set forth herein. b. All repairs and restorations shall be made in accordance with recognized principles of conservation. 6.4 Maintenance and Alteration of the Artwork. a. The City shall maintain the Artwork in a manner that the City determines appropriate in its sole discretion. b. The City shall use its reasonable efforts to meet and consult with Artist prior to the time of making any alteration. If any alteration is made without the consent of Artist, Artist shall have the right to direct the City to remove Artist's name from the Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with Section 987 of the California Civil Code and the rights and protection afforded Artist thereunder, and Artist hereby waives each and all of Artist's rights and protection under Section 987 of the California Civil Code to the extent such rights and protection are inconsistent with this Section 6.4; provided, however, that to the extent that the rights and protection afforded Artist under Section 987 of the California Civil Code are not inconsistent with this Section 6.4 or pertain to matters that are not dealt with in this Section 6.4, Artist shall retain such rights and protection. 6.5 Permanent Record. The City shall maintain a record of this Agreement and of the location and disposition of the Artwork. 6.6 Artist's Address. The Artist shall notify the City of changes in their address. The 149 City shall take reasonable effort(s) to locate the Artist when matters arise relating to the Artist's ui S:\Community Services\Civic Center Campus Artwork\WARE-MONLJ&4ENT ART PURCHASE AGREEMENT Art Purchase Agreement rights under this Agreement. 6.7 Surviving Covenants. The covenants and obligations set forth in this Article VI shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and the City's covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein. Upon the death of the Artist, the representative of Artist's estate shall assume the surviving covenants and obligations of Artist set forth in this Article VI. ARTICLE VII. ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and not as an agent, joint venturer, partner or an employee of the City. The Artist shall not: a. be supervised by any employee or official of the City; b. exercise supervision over any employee or official of the City; C. have authority to contract for or bind the City in any manner; or represent itself as an agent of the City; or otherwise be authorized to act for or on behalf of the City; d. have status as the City's employees or have any right to any benefits that the City grants to its employees. ARTICLE VIII. ASSIGNMENT OR TRANSFER No party shall assign or transfer an interest in this Agreement without the prior written consent of the other parties, provided, however, that claims for money due or to become due from the City under this Agreement may be assigned to a financial institution without approval. ARTICLE IX. TERMINATION The City may, by written notice to the Artist, terminate this Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in accordance with the term s hereof or any other breach by Artist of the terms of this Agreement, when such failure or breach continues uncured for fifteen (15) days following notice thereof from the City to Artist ("Termination for Default"), or (b) at any other time in the sole and absolute discretion of the City ("Discretionary Termination"). Termination for Default and Discretionary Termination are sometimes hereinafter collectively referred to as "Termination". Upon Termination, except as provided in this Article IX, all parties shall be released from all further obligations and liability hereunder. Effective upon a Termination, the Artwork, or so much thereof or has then been completed, shall be transferred to and shall belong to the City. In such event and upon Artist's 150 S:\Community Services\Civic Center Campus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT " 1 4 An Purchase Agreement written request, the City shall remove Artist's name from the Artwork. Upon a Term ination for Default and subject to Article 2.1, the Artist shall be entitled only to that portion of the total compensation due Artist that is then payable pursuant to the Schedule of Compensation (Exhibit C); upon a Discretionary Termination, Artist shall be entitled to the full Artist Fees provided for in Exhibit C hereto and that portion of the costs and expenses of Design, Fabrication and Installation of Artwork provided for in Exhibit C hereto that is then payable pursuant to the Schedule of Compensation (Exhibit C), plus all other costs reasonably incurred by Artist following the last payment pursuant to the Schedule of Compensation (Exhibit C), prior to the date of the Discretionary Termination, provided that Artist shall be required to provide the City with reasonable substantiation for such costs. Notwithstanding anything else herein contained, Artist shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Artist, and the City may reasonably withhold payments to the Artist until such time as the exact amount of such damages is determined. ARTICLE X. CONTRACTOR ADMINISTRATOR The Contract Administrator for this Agreement shall be the City Community Services Director. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City, the City Community Services Director shall represent and act for the City. ARTICLE XI. NON-DISCRIMINATION In carrying out the performance of the services designated, the Artist and the City shall not discriminate as to race, color, creed, religion, marital status, national origin or ancestry, and the Artist shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended. ARTICLE XII. ENTIRE AGREEMENT This Agreement, consisting of 22 pages and four exhibits, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth hereinabove. ARTICLE XIII. MODIFICATION No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. ARTICLE XIV. WAIVER S:\Community Services\Civic Center Campus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT 015 Art Purchase Agreement No waiver of performance by .either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. ARTICLE XV. GOVERNING LAW 15.1 This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 15.2 In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District Court in the district of California which includes Riverside County. 15.3 If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees, incurred by the prevailing party in connection with the legal action or proceeding. ARTICLE XVI. HEIRS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the City and Artist, and their respective heirs, personal representatives, successors and permitted assigns. ARTICLE XVII. NOTICES All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, returned receipt requested, postage prepaid, as follows: a. if to the City, to: . City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: Community Services Director b. if to the Artist, to: U16 S:\Community Services\Civic Center Campus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT Art Purchase Agreement William Ware 73-891 Masson Street Palm Desert, CA 92260 ARTICLE XVIII. INDEMNITY With respect to acts, errors or omissions in the performance of Artist's obligations hereunder, Artist agrees to indemnify and hold harmless the City and its officers, agents, employees, and representatives from and against any and all claims, demands, defense costs, liability or consequential damage of any kind or nature arising out of Artist's (including its subcontractors, agents, employees, assigns or licensees) negligent and/or willful acts, errors or omissions in the performance of Artist's obligations under this Agreement. With respect to acts, errors or omissions in the performance of the City's obligations hereunder, the City agrees to indemnify and hold harmless Artist from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising out of the City's (including its contractors') negligent and/or wilful acts, errors or omissions in the performance of the City's obligations under this Agreement. The foregoing indemnities shall be in effect without regard to the maintenance of insurance coverage for any such loss, costs, claims, damages or expenses. ARTICLE XIX. INSURANCE 19.1 Policies. Throughout fabrication of the Artwork the Artist shall maintain Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability (employee and contractual exclusions deleted), Products/Completed Operations Liability, Broad -Form Property Damage and Independent Contractors' ($1,000,000) per occurrence, combined single limit, written on an occurrence form, and such other forms and amounts of insurance as the City may deem necessary or desirable. All required insurance shall be evidenced by an- insurance policy or policies (or the renewal or replacement thereof) reasonably acceptable to the City. Artist shall not proceed with any work nor receive payment under this Agreement until, among other things, the City has received the appropriate insurance certificates. Artist, prior to completion, shall maintain or cause to be maintained standard all- risk property insurance in an amount equal to or greater than the full replacement value of the Artwork. The Artist's General Liability policy required by this Agreement shall contain the following clauses: "The City of La Quinta and its officers, agents, employees, representatives, and volunteers are added as additional insureds as respective operations and activities of, or on behalf of the named insured, performed under contract 15 15 017 S:\Community Services\Civic Center Campus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT Art Purchase Agreement with the City of La Quinta. " Prior to commencing any work under this Agreement, Artist shall deliver to the City insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clause referenced above. Also, within thirty (30) days of the execution date of this Agreement, Artist shall provide to the City an endorsement to the General Liability policy, which adds to this policy the applicable clause referenced above. Said endorsement shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Also, the City has the right to demand, and to receive within a reasonable time period, copies of any insurance policy required under this Agreement. In addition to any other remedies the City may have if Artist fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: a. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to other remedies the City may have, and is not, the exclusive remedy for Artist's failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Artist may be held responsible for payments of damages to persons or property resulting from Artist's, or its respective agents' contractors' or subcontractors', performance of the work covered under this Agreement. ARTICLE XX. GENERAL 20.1 Any provisions of this Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 20.2 Whenever in the specifications any materials or process is indicated or specified by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL", and Artist may offer any material or process which shall be equal in every respect to that so indicated or specified. 20.3 Artist shall offer any substitute in said proposal or if a substitute so offered by Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one shall be required by the City. 20.4 Unless a different date is provided in this Agreement, the Effective Date shall be 154 018 S:\Community Services\Civic Center Campus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT Art Purchase Agreement the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should the Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by the City. 20.5 The City shall give any subsequent owner of the Artwork written notice of the covenants contained herein, and shall cause each such successive owner to be bound thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: KATHERINE JENSON, City Attorney City of La Quinta, California CITY: CITY OF LA QUINTA, a California municipal corporation THOMAS P. GENOVESE, City Manager City of La Quinta, California ARTIST: OVA 155 019 S:\Community Services\Civic Center Campus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT Art Purchase Agreement EXHIBIT A SCOPE OF DESIGN BUILD SERVICES SCOPE OF WORK 1. Artist shall furnish all labor, engineering, material, tools, equipment, etc., required to design, fabricate and install the Artwork in accordance with the quality level and intent of the concept drawings as previously prepared by Artist and approved by the City, along with all governing agency requirements and code criteria. 2. Artist is responsible for submitting all required documents relating to the Artwork design to appropriate government agencies so that building plan check and all required permits may be obtained in a timely manner. 3. Artist shall immediately notify the City in writing of any cost impact or schedule impact whether increase or decrease, resulting from any modifications to the design. Any redesign fees or any other costs incurred by the City due to Artist's negligence or failure to keep the City informed of scope variances in a timely manner shall be charged to the Artist. 4. Artist shall complete the design in sufficient scale and detail as required by the City and governmental authorities for approval. The design documents shall bear the stamp of a professional Mechanical, Structural and/or Electrical Engineer(s) licensed in the State of California deemed necessary. 5. Artist's design and specifications shall be subject to approval by the City and its consultants. II. GENERAL ITEMS OF INCLUSION: As a further clarification to the plans and specifications, the work shall include but not necessarily be limited to the following: 1. Artist shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to the City prior to installing any material. The installation of any material constitutes the Artist's complete acceptance of all substrates as compatible with the work under this Agreement. 2. Any work not provided for in this Agreement must be authorized by the City prior to the installation of such work. 3. Artist is responsible for all repairs or replacement of any existing property or work 156 which is damaged as a result of the performance of the work under this Agreement. t n S:\Community Services\Civic Center Campus Artwork\WARE-MONUSIENT ART PURCHASE AGREEMENT Art Purchase Agreement 4. Artist shall provide all unloading, hoisting, scaffolding, and bracing for the Artwork. 5. Artist shall provide all drilling, coring, cutting, fastening, and welding required for the Artwork. 6. Artist shall supply all specialty lighting required to complete the Artwork. III. SPECIFIC ITEMS OF INCLUSION 1. The Artwork consists of three bronze "mountain ranges"; each mountain range is to be contain approximately seven pieces of bronze, representing the mountains. 2. Each mountain range will be approximately seven feet high, width six to seven feet and four to five feet deep. 3. Wiring for specialize lighting will be placed inside each "mountain range" to illuminate the artpiece at night. This option to be installed by the City at a later date. 4. Additional conditions are provided as attachments to this exhibit, as provided by the Artist. 5. The Artwork is to be located on the Civic Center Campus (on the southwest corner of Calle Tampico and Washington Street) as outlined on the Master Plan for the project. 6. The City will provide a location for the art piece, all other structures needed for the installation is the responsibility of the artist. 7. It is a relief piece with detail only on one side. Panels of bronze will be installed on the "mountains" in such a manner that the panels can be removed for engraving. 8. The entire Artwork is to be constructed of bronze. 9. It will not be polished, but allowed to let the natural environment create the effect on the metal. 157 S:\Community Services\Civic Center Campus Artwork\WARE-MONU?HENT ART PURCHASE AGREEMENT Avow, FA June 15, 2000 Dodie Horvitz Community Services Director 78-495 Calle Tampico_ La Quinta, CA 92253 Dear Selection Team: Once again, I am interested in being considered for artwork for the La Quinta Civic Center Campus Project I am offering the following preliminary thoughts for your review and consideration. GEYSER WATER FEATURE One approach to integrating art with the geyser would be to work with the natural movement of the water (ripples). Seven large, appropriate to.scale, butterflies or birds that come out,of the water at least 8'. Refer to sketch "A" and "B". Another idea would be to create three large sculptures of water lily pads with cut out butterfly wings and/or dragonflies. Refer to sketch nCn. All of the water sculptures would be constructed of maintenance free aluminum and stainless steel. I would work closely with the lake and geyser builder to insure proper anchorage of the artwork. This work sets a dialogue with the environment and engages the viewer in.a sense of place. ACKNOWLEDGMENT AREA A somewhat contemporary freestanding bronze sculpture reflecting the La Quinta mountain range. Designed and presented in a way that allows the viewer to walk around the art and read names of selected honorees, or possibly stated history La Quinta facts, such as, "Gem of the Desert" founded in 1982. This* can be done with the use of water -jet ,or laser cutting process. My design would include some bolted panels in such a way that they could be unbolted for future cutting of names and then put back into place. The opportunity exist to use art to inspire, welcome, and educate its users. Refer to sketch "D". The enclosed ideas and examples of my work will hopefully generate Sincerely, LU ) i Ll !try w William Ware 022 F6f".346-So24 7&-69/ 14ASS6M ST 9 PALM DrESCA7 GA.92266 L c' W .1 Q L 7- N w Y o � 3 = F OW 0 ISO 024 Jul-05-00 11:03A waraMiPP 760 340 5024502 P.01 BUDGET FOR PROPOSED ART FOR THE LA QUINTA CIVIC CENTER PARK PROJECT Acknowledgment Area: Mountain View Bronze Memorial Sculpture cost: 90) OD Cost includes: Artist design, bronze, hardware, patina finish, labor cost, fabrication, deliveries, installation lighting plan, working with and assisting landscape architect, and all other appropriate engineers and inspectors needed.fees. Not included in cost: Base, installation -of special lighting, and laser cutting of selected script. Quail Family- Bronze, Edition of one With rights to use as a "Quail Award" for casting cost only. Cost: $7,000. 7bc F3Y0-502H • 7J- P4/ MAMM aT • PAt PI AESAORT CA.9?260 162 026 Art Purchase Agreement EXHIBIT B SCHEDULE OF PERFORMANCE SCHEDULING: The project will take approximately 6 months to complete the fabrication of the Artwork. Work will commence during the month of October 2000, and completed and installed by April, 2001, or as required as a part of the Civic Center Campus project. The ARTIST will coordinate the installation of the artwork with the Design Consultant and/or Landscape Architect. REVIEWS: There may be one review by the Cultural Arts Commission of the work in progress if the Commission deems it necessary to be conducted prior to the installation of art feature. The project may be reviewed by the City Council as deemed appropriate. 163 02 S:\Community Services\Civic Center Campus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT Art Purchase Agreement EXHIBIT C SCHEDULE OF COMPENSATION PRICE: Basic Contract: Total Not to Exceed SCHEDULE OF PAYMENTS: $90,000 First payment due upon project approval (50%) $45,000 Second payment due upon completion of 75 % of the project $22,500 Final payment due upon filing of Notice of Completion for the project $22,500 164 028 S:\Community Services\Civic Center Campus Artwork\WARE-MONUKIENT ART PURCHASE AGREEMENT Art Purchase Agreement EXHIBIT D NOTICE OF COMPLETION FOR ARTWORK Piece of Artwork: La Quinta Mountain Range WHEREAS, by that certain Art Purchase Agreement dated , 200_ ("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation (the "City") contracted with WILLIAM WARE to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, the City shall furnish Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the parties hereto certify as follows: 1. As provided in the Agreement, the City does hereby certify that the fabrication and installation of the Artwork has been fully performed and completed. Any executory obligations pursuant to the Agreement, which are hereby incorporated herein by reference, shall remain enforceable according to their terms. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. day of IN WITNESS WHEREOF, the Agency has executed this certificate this .2001. CITY OF LA QUINTA, a California municipal corporation by: S:\Community Services\Civic Center Campus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT 1 17 Tit(t 4 4Qut«fw AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 19, 2000 CONSENT CALENDAR: /0 ITEM TITLE: STUDY SESSION: Approval of an Art Purchase Agreement with PUBLIC HEARING: Peter Ladochy for the Civic Center Campus Artwork RECOMMENDATION: Approve the Art Purchase Agreement with Peter Ladochy for the Civic Center Campus Artwork and authorize the City Manager to execute the Art Purchase Agreement with the artist at a cost not to exceed $49,000. FISCAL IMPLICATIONS: At the July 18, 2000 City Council meeting, the City Council approved seven Native American themed pavement amenity panels for the Civic Center Campus project, as presented by Peter Ladochy. The cost of each pavement amenity panel is $7,000 for a total of $49,000. The funds for this project have been allocated from the Art in Public Places account #701-000-255-21 1 1 for the Civic Center Campus project. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the January 18, 2000 City Council meeting, it was determined that the Civic Center Campus improvement project would include five artist components: bronze relief map, enhanced pavement amenities; acknowledgment areas for veterans, sports figures, and celebrities; enhanced bridge railings and a linear water feature. The amount of $340,000 from the Art in Public Places account was allocated for these artistic amenities. At the March 7, 2000 City Council meeting, a Request for Qualifications was approved and sent out to 94 artists for possible submission of proposals for the Civic Center Campus. Seven concepts were submitted for consideration: one bronze relief map, two bridge railing enhancements and four sculptures. 166 At the May 2, 2000 City Council meeting, the City Council approved the general concept of the Bronze Relief Map by Artist Sandy Swan, and did not approve the other proposals. At the June 20 City Council meeting, the final details to be included as part of the Bronze Relief map were approved and an Art Purchase Agreement was authorized for the Bronze Relief Map. At the May 16, 2000 City Council meeting, a second Request for Qualifications was approved by the Council to solicit proposals for the following components of the Civic Center Campus Artwork: A geyser type water feature; acknowledgment areas for celebrities, sports figures and veterans; and pavement amenities. A total of 498 RFQ's were sent to artists. Twelve artists submitted proposals for the Civic Center Campus Artwork: six proposals were submitted for the geyser type water feature; six proposals were submitted for the acknowledgment areas; and five proposals were submitted for the pavement amenities. At the July 13, 2000 Cultural Arts Commission meeting, the Commission reviewed the proposals and forwarded four recommendations: "Tree of Life" as proposed by Carlos and Miguel De La Torre "Animal Tracks" as proposed by Sandy Swan "La Quinta Mountain Range" as proposed by Bill Ware "Mosaic Native American Themes" as proposed by Peter Ladochy At the July 18, 2000 City Council meeting, the City Council approved the art ork concepts presented by Sandy Swan, Bill Ware, and Peter Ladochy, as provide in Attachment 1. The proposal by Mr. Ladochy includes seven Native American themed pavement pa els each 40 square feet in size at a cost of $7,000 installed. The total cost proposed for Mr. Ladochy's art work for the Civic Center Campus project equals $49,000. Mr. Ladochy will research the local Native American history and present six additional concepts for City Council consideration. The concept presented in the original proposal will also be included with the review of additional concepts by the City Council. The Council review process has been included in the Art Purchase Agreement as provided in Attachment 2. The Schedule of Compensation included in the Art Purchase Agreement (Attach ent 2) provides payment to the artist as the project progresses. Unlike Public Works project progress payments, the artist requests payment upon the start of the prof 3ct, to purchase materials and supplies specific to the art work for the City. Final payment is issued upon final acceptance of the project. 0u 1F7 S:\Community Services\CCReports\CC.063.wpd Once the Art Purchase Agreement has been executed, the artist will work with Tom Doczi of TKD and Associates, the Landscape Architect for the Civic Center Campus project. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Art Purchase Agreement with Peter Ladochy for the Civic Center Campus Artwork and authorize the City Manager to execute the Art Purchase Agreement with the artist at a cost not to exceed $49,000; or 2. Do not approve the Art Purchase Agreement with Peter Ladochy for the Civic Center Campus Artwork; or 3. Provide staff with alternative direction. ly submitted, Dod'e' Horvitz, Comrnunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Minutes from the July 18, 2000 City Council Meeting 2. Art Purchase Agreement m S:\Community Services\CCReports\CC.063.wpd ATTACHMENT 1 City Council Minutes 8 July 18, 2000 Counc'I Member Henderson supported staff continuing informal meet' s with the var s agencies and coming back with a formal recommendati t the end of the ye Council Mem Sniff agreed and felt the informal dis sions should include a mission statem t, membership, powers, terms, get, and staffing needs. Council Member Adold%6agreed. Council Member Perkins felt ey sho not be limited to quarterly meetings and wished to have a recomm ion back to Council in time to consider before next year's budget. Mayor Pena suggested th could also repo the Chamber of Commerce sub- committee and that t City's representative that committee could report back to Council. wished to have a report ba o Council during the first quarter of next r. MOTION - r1as moved by Council Members Sniff/Henderso authorize staff to conti eeting informally with the Chamber of Commerce, , and other intere d parties to discuss marketing strategies and to report back Council afte he end of the year. Motion carried unanimously. MINUTE ORD NO. 2 0-137. 8. CONSIDERATION OF CIVIC CENTER CAMPUS ART WORK PROPOSALS. Community Services Director Horvitz presented the staff report. In response to Council Member Adolph, Ms. Horvitz stated decorative railings on the bridge were removed from the RFQ and not included with this funding. She stated the pavement amenities will be scattered throughout the campus. Council Member Adolph voiced concern about continuity. Ms. Horvitz stated the Cultural Arts Commission has recommended the Tree of Life for the water feature, the Mosaic Native American Themes and Animal Tracks for pavement amenities, and ,the La Quinta Mountain Range for the acknowledgment areas for a total expenditure of $273,000. Council Member Adolph did not recall Council asking for an art feature in the lake other than a fountain geyser. 169U05 City Council Minutes 9 July 18, 2000 Council Member Sniff noted a location for the DeMartino art piece still needs to be determined. In response to Mayor Pena, Senior Engineer Freeland stated the geyser is anticipated to be located at the north end of the lake approximately 60-80 feet from the shore. Council Member Henderson understood the three acknowledgment areas would be spread throughout the campus. Mayor Pena understood the DeMartino art piece was designed to be located behind the archway. Ms. Horvitz advised the Cultural Arts Commission has recommended the DeMartino art piece be located southeast of the lake and the artist has agreed with this placement. Council Member Sniff suggested contacting companies that design and install water features/fountains instead of having an artist design it. He liked the idea of water in motion similar to the fountain in front of Laguna de la Paz. Council Member Henderson agreed and noted there are water architects that make the water itself the art piece. In response to Council Member Perkins, Mr. Freeland confirmed water rapids will be featured under the bridge. Council Member Adolph suggested a design similar to the Washington Street bridge be used on the bridge railings. Council Member Perkins agreed. Council proceeded to discuss the Commission's recommendations as follows: Water Feature After a brief discussion, Council concurred to direct staff to contact water architects to design a water feature and to report back to Council. Pavement Amenities Council Member Perkins suggested the sidewalks be constructed with colored cement. (kU City Council Minutes 10 Council concurred. Jul) Council further concurred on utilizing seven panels of the Mosaic Native Indian Themes and 12 sections of Animal Tracks (descriptive plaques to be considered at a later time) to be placed randomly throughout the campus. Acknowledgment Areas A brief discussion ensued regarding the Mountain Range art piece and Ms. Horvitz advised it could be separated into three separate pieces. Bill Ware, the artist for the Mountain Range, advised he could create three different mountain ranges in a reduced size (approximately 8' X 7') for the same price and would work with the landscape architect for a covering around the bottom edges. Council Member Henderson spoke regarding the memorial monuments proposed by Peter Urbon and stated she felt four of them would look too much like billboards and that they exceed the budget amount. However, she felt there might be some potential for modification to reduce the cost and asked if there was any consideration by Council to possibly use one on the campus. -� Council Member Perkins suggested one of the pieces could be used at the entrance for the City Seal. Council concurred to utilize three Mountain Range art pieces for three acknowledgment areas and to look at the other proposals when the water features come back for Council's consideration. City Manager Genovese advised contracts will be negotiated for each of the selected art pieces (Mosaic Native Indian Theme panels, Animal Tracks, and Mountain Ranges) and brought back individually for Council's consideration. MOTION - It was moved by Council Members Sniff/Adolph to direct staff to negotiate contracts with the three artists for selected art pieces (seven Mosaic Native Indian Theme panels, 12 Animal Track sections, and three reduced -size Mountain Ranges) for the Civic Center Campus and to bring them back to Council for approval. Motion carried unanimously. MINUTE ORDER NO. 2000-138. 171 00 ATTACHMENT 2 ART PURCHASE AGREEMENT DRAFT THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this day of , 2000, by and between THE CITY OF LA QUINTA, a California municipal corporation (the "City"), and PETER LADOCHY ("Artist"). RECITALS A. The CITY is currently constructing the Civic Center Campus. The CITY is commissioning the fabrication and installation of certain ARTWORK (the "Artwork") to be installed and displayed at the SITE LOCATION which is located on the Civic Center Campus, at the southwest corner of Calle Tampico and Washington (the "Site Location"). NOW, THEREFORE, the parties hereto, for the consideration and under the conditions hereinafter set forth, hereby mutually agree as follows: ARTICLE I. SCOPE OF SERVICES 1.1 Scope of Design Services. Artist shall prepare or cause to be prepared, any required approvals for all shop drawings, details, and samples, and shall do all other things necessary and incidental to the performance of the Artist's obligations pursuant to this Agreement. 1.2 Scope of Fabrication Services. Artist shall fabricate, transport and install the Artwork pursuant to and by the times set forth in the Scope of Design Build Services and the Schedule of Performance attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this reference. The City shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit to the City monthly progress narratives, including photographs, as required by the Schedule of Performance (Exhibit B). The narratives shall include the percentage of the Artwork completed to date, along with an estimated completion date. Artist shall furnish all tools, equipment, apparatus, facilities, plant, labor, services, materials, and all utilities and transportation, including power, fuel, and water, and to perform all work necessary to construct, transport and install in a good and workmanlike manner the scope of work set forth in the Scope of Design Build Services (Exhibit A), or reasonably inferable therein, together with the appurtenances thereto, at the Site Location. It is understood and agreed that all said plant, labor, services, materials, equipment, and facilities shall be furnished and said work performed and completed by Artist as an independent contractor, subject to the inspection and approval of the City or its representatives. The Artist shall present to the City in writing for further review and approval any and all significant changes in the scope, design, color, size, material or texture, of the Artwork not permitted by or not in substantial conformity with the approved working drawings and the S:\Community Services\Civic Center Campus Artwork\LADOCHY ART PURCHASE AGREEMENT 008 172 Art Purchase Agreement Scope of Design Build Services (Exhibit A). A significant change is any change in the scope, design, color, size, material, texture, or Site Location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services (Exhibit A). Artist shall at all times maintain proper facilities and provide safe access for inspection of the Artwork by the City, its engineer or representatives, and to the sites wherein the Artwork is located prior to installation. Where specifications require work to be specially tested or approved, it shall not be tested without timely notice to the City, of its readiness for inspection and without the approval thereof, or consent thereto by the City. The Artist shall promptly notify the respective departments or official bodies when its work is ready for inspection and shall, at once, do all work required to remove any violations or to comply with such inspections, without additional charge to the City. The Artist shall perform all work necessary to obtain approvals from the authorities mentioned above without additional cost to the City. 1.3 Change Orders. In addition to the change orders and extra work specified and provided for in the Scope of Design Build Services (Exhibit A), the City may at any time during the progress of the completion and installation of the Artwork and up to the date of the issuance of a Notice of Completion as hereinafter defined, when in the City's reasonable determination the public interest and necessity so require, request any alterations, deviations, additions to or omissions from this Agreement, Scope of Design Build Services (Exhibit A), or the work, labor and materials to be furnished thereunder, and the same shall in no way affect or make void this Agreement. Artist shall adhere strictly to the Scope of Design Build Services (Exhibit A), unless a change therefrom is authorized in writing. In such case, the terms of said change shall be understood and agreed upon in writing by the City and Artist before commencement of said revised work. 1.4 Post -Fabrication Services. a. The Artist shall notify the City in writing when fabrication of the Artwork is completed and ready for delivery and installation at the Site Location which is designated in Exhibit A and B, attached hereto and incorporated herein by reference. b. Upon completion and at all times during fabrication and installation, the Artwork shall comply with all applicable statutes, ordinances and regulations of any governmental agency having jurisdiction over the Artwork. 1.5 Post -Installation. a. The Artist shall be available at such reasonable time or times as may be S:\Community Services\Civic Center Campus Artwork\LADOCHY ART PURCHASE AGREEMENT UU`.�0 n n ire Art Purchase Agreement agreed between the City and Artist to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork. b. The City shall use reasonable efforts to arrange for publicity for the completed Artwork by local media and publications, and otherwise as may be determined between the City and Artist as soon as practicable following installation. C. Upon installation of the Artwork, the Artist shall provide the City with written instructions for appropriate maintenance and preservation of the Artwork. 1.6 Final Acceptance. a. The Artist shall advise the City in writing that the Artwork will become the responsibility of the City on the effective date of completion of the project and the acceptance as complete by the City. Following receipt of such notice the City shall cause the installed Artwork to be inspected by suitably qualified and appropriate professional(s), and within five (5) days following completion of such inspection(s), the City shall either provide Artist with reasonably specific written objections to the installed Artwork or notify the Artist of its acceptance of the Artwork by a Notice of Completion in the form attached hereto as Exhibit D. Such Notice of Completion (Exhibit D) shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. b. Final Acceptance by the City of the ownership of the Artwork will occur at the filing of the Notice of Completion. 1.7 Risk of Loss. Upon receipt of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by the City. The Artist shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the Notice of Completion is made by the City. 1.8 Title. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall remain with the Artist and shall pass and vest with the City upon issuance of Final Acceptance or Termination pursuant to Article IX hereof. ARTICLE II. TIME OF PERFORMANCE 2.1 Time. Artist does agree to punctually and diligently perform all their obligations under this Agreement. It is further understood and agreed that should the Artist fail to furnish the labor, materials, equipment, and or services, to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Artist shall, in addition to any other penalties provided in the Agreement, be liable to the City for all losses or damages that either may suffer on account thereof. In the event Artist at the time refuses or neglects to supply a sufficient number of 174 UiQ S:\Community Services\Civic Center Campus Artwork\LADOCHY ART PURCHASE AGREEMENT Art Purchase Agreement properly skilled workers or a sufficient quantity of materials of proper quality, or in effect be adjudicated bankrupt, or files a voluntary petition in bankruptcy, or commits any act of insolvency, or makes an assignment, for benefit or creditors, without the City's consent, or fails to make prompt payment to his materialmen and laborers, or fails in any respect to properly and diligently prosecute the work covered by this Agreement, or otherwise fails to perform fully any and all of the Covenants and obligations herein contained; then the City may, at its option, after giving twenty-four (24) hours written notice to Artist, provide any such labor and materials as may be necessary and deduct the cost thereof from any money then due or thereafter to become due to Artist under this Agreement; or the City and may at its option, terminate the Artist's right to proceed with the work and, in that event, the City shall have the right to enter upon the Artist's warehouse and take possession, for the purpose of completing the work included under this Agreement, of the Artwork or any portion thereof, and all materials, tools, and appliances thereon, and may employ any other person or persons to finish the work and provide the materials therefor. In the case of such discontinuance of Artist's right to proceed with the work, Artist shall not be entitled to receive any further payment under this Agreement until the work undertaken by the City is completely finished. At that time, if the unpaid balance of the amount to be paid under this Agreement exceeds the expenses incurred by the City in finishing Artist's work, such excess shall be paid by the City to the Artist, but if such expense shall exceed such unpaid balance, then Artist shall promptly pay to the City the amount by which such expense shall exceed such unpaid balance. The expense incurred by the City as herein provided, either for furnishing materials or for finishing the work, and any damages incurred by the City by reason of Artist's default, shall be chargeable to, and paid by Artist, and the City shall have a lien upon all materials, tools, and appliances, taken possession of, as aforesaid, to secure the payment thereof. If the City elects not to terminate Artist's right to proceed, Artist agrees to reimburse the City fo r losses or damages resulting from the delay in speedy progress of work. If Artist should neglect to prosecute the work properly or fail to perform any provisions of this Agreement, the City, after three (3) days' written notice to Artist, may without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due Artist; provided, however, that the City shall approve such action and certify the amount thereof to be charged to Artist. ARTICLE III. WARRANTIES 3.1 Title. The Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City, the Artwork is unique and original and does not infringe upon any copyright; (c) the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Artwork is free and clear of any and all encumbrances and/or monetary liens. 3.2 Quality and Condition. The Artist represents and warrants, except as otherwise disclosed to the City in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects consisting of 175 "inherent vice" or qualities which cause or accelerate deterioration of the Artwork; and (c) Oil S:\Community Services\Civic Center Campus Artwork\LADOCHY ART PURCHASE AGREEMENT Art Purchase Agreement reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City hereunder. The warranties described in this Section 3.2 shall survive for a period of one (1) year after the Acceptance of the Artwork, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from after Acceptance of the Artwork. The City shall give notice to the Artist of any observed and claimed breach with reasonable promptness. The Artist shall, at the request of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork). ARTICLE IV. PERFORMANCE BONDS The Artist shall not be required by the City to post any performance bonds or similar undertakings, and any requirement of any other authority for performance bonds shall be the responsibility of the City. Nevertheless, Artist shall prevent any lien from attaching to the Artwork by any person claiming under Artist. ARTICLE V. REPRODUCTION RIGHTS 5.1 General. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et seq., and all other rights in and to the Artwork except ownership and possession, except as such rights are limited by this Agreement. In view of the intention that the Artwork in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, dimensional reproductions of the final artwork, nor shall the Artist grant permission to others to do so except with the written permission of the City and at such time as Final Acceptance by the City at which time the City alone map approve. The Artist grants to the City, and its agents an irrevocable license to make two-dimensional reproductions of the Artwork for noncommercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications, provided that these rights are exercised in a tasteful and professional manner. 5.2 Notice. All reproductions by the City shall contain a credit to the Artist and denote its location, provided that the Artwork is protected by United States copyright law and reasonable substantiation thereof is provided to the City. 5.3 Registration. The Artist may at its expense cause to be registered, with the United States Register of Copyrights, a copyright in the Artwork in the Artist's name. S:\Community Services\Civic Center Campus Artwork\LADOCHY ART PURCHASE AGREEMENT 176 012 Art Purchase Agreement ARTICLE VI. ARTIST'S RIGHTS 6.1 Identification. The City shall, at its expense, prepare and install at the Site, a plaque identifying the Artist, the title of the Artwork and the year of completion, and shall reasonably maintain such notice in good repair against the ravages of time, vandalism and the elements. 6.2 Maintenance. The parties recognize that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. 6.3 Repairs and Restoration. a. The City shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. To the extent practical, the Artist, during the Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that the City and the Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon the Artist's fee for such services. No fees shall be paid to Artist for repair or restoration due to a breach of the representations and warranties set forth herein. b. All repairs and restorations shall be made in accordance with recognized principles of conservation. 6.4 Maintenance and Alteration of the Artwork. a. The City shall maintain the Artwork in a manner that the City determines appropriate in its sole discretion. b. The City shall use its reasonable efforts to meet and consult with Artist prior to the time of making any alteration. If any alteration is made without the consent of Artist, Artist shall have the right to direct the City to remove Artist's name from the Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with Section 987 of the California Civil Code and the rights and protection afforded Artist thereunder, and Artist hereby waives each and all of Artist's rights and protection under Section 987 of the California Civil Code to the extent such rights and protection are inconsistent with this Section 6.4; provided, however, that to the extent that the rights and protection afforded Artist under Section 987 of the California Civil Code are not inconsistent with this Section 6.4 or pertain to matters that are not dealt with in this Section 6.4, Artist shall retain such rights and protection. 6.5 Permanent Record. The City shall maintain a record of this Agreement and of the location and disposition of the Artwork. 6.6 Artist's Address. The Artist shall notify the City of changes in their address. 177 013 S:\Community Services\Civic Center Campus Artwork\LADOCHY ART PURCHASE AGREEMENT Art Purchase Agreement The City shall take reasonable effort(s) to locate the Artist when matters arise relating to the Artist's rights under this Agreement. 6.7 Surviving Covenants. The covenants and obligations set forth in this Article VI shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and the City's covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein. Upon the death of the Artist, the representative of Artist's estate shall assume the surviving covenants and obligations of Artist set forth in this Article VI. ARTICLE VII. ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and not as an agent, joint venturer, partner or an employee of the City. The Artist shall not: a. be supervised by any employee or official of the City; b. exercise supervision over any employee or official of the City; C. have authority to contract for or bind the City in any manner; or represent itself as an agent of the City; or otherwise be authorized to act for or on behalf of the City; d. have status as the City's employees or have any right to any benefits that the City grants to its employees. ARTICLE VIII. ASSIGNMENT OR TRANSFER No party shall assign or transfer an interest in this Agreement without the prior written consent of the other parties, provided, however, that claims for money due or to become due from the City under this Agreement may be assigned to a financial institution without approval. ARTICLE IX. TERMINATION The City may, by written notice to the Artist, terminate this Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in accordance with the terms hereof or any other breach by Artist of the terms of this Agreement, when such failure or breach continues uncured for fifteen (15) days following notice thereof from the City to Artist ("Termination for Default"), or (b) at any other time in the sole and absolute discretion of the City ("Discretionary Termination"). Termination for Default and Discretionary Termination are sometimes hereinafter collectively referred to as "Termination". 178 S:\Community Services\Civic Center Campus Artwork\LADOCHY ART PURCHASE AGREEMENT 014 k Art Purchase Agreement Upon Termination, except as provided in this Article IX, all parties shall be released from all further obligations and liability hereunder. Effective upon a Termination, the Artwork, or so much thereof or has then been completed, shall be transferred to and shall belong to the City. In such event and upon Artist's written request, the City shall remove Artist's name from the Artwork. Upon a Termination for Default and subject to Article 2.1, the Artist shall be entitled only to that portion of the total compensation due Artist that is then payable pursuant to the Schedule of Compensation (Exhibit C); upon a Discretionary Termination, Artist shall be entitled to the full Artist Fees provided for in Exhibit C hereto and that portion of the costs and expenses of Design, Fabrication and Installation of Artwork provided for in Exhibit C hereto that is then payable pursuant to the Schedule of Compensation (Exhibit C), plus all other costs reasonably incurred by Artist following the last payment pursuant to the Schedule of Compensation (Exhibit C), prior to the date of the Discretionary Termination, provided that Artist shall be required to provide the City with reasonable substantiation for such costs. Notwithstanding anything else herein contained, Artist shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Artist, and the City may reasonably withhold payments to the Artist until such time as the exact amount of such damages is determined. ARTICLE X. CONTRACTOR ADMINISTRATOR The Contract Administrator for this Agreement shall be the City Community Services Director. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City, the City Community Services Director shall represent and act for the City. ARTICLE XI. NON-DISCRIMINATION In carrying out the performance of the services designated, the Artist and the City shall not discriminate as to race, color, creed, religion, marital status, national origin or ancestry, and the Artist shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended. ARTICLE XII. ENTIRE AGREEMENT This Agreement, consisting of 22 pages and four exhibits, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth hereinabove. ARTICLE XIII. MODIFICATION No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate S:\Community Services\Civic Center Campus Artwork\LADOCHY ART PURCHASE AGREEMENT 179 015 Art Purchase Agreement action of the City. ARTICLE XIV. WAIVER No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. ARTICLE XV. GOVERNING LAW 15.1 This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 15.2 In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District Court in the district of California which includes Riverside County. 15.3 If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees, incurred by the prevailing party in connection with the legal action or proceeding. ARTICLE XVI. HEIRS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the City and Artist, and their respective heirs, personal representatives, successors and permitted assigns. ARTICLE XVII. NOTICES All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, returned receipt requested, postage prepaid, as follows: k : M 016 S:\Community Services\Civic Center Campus Artwork\LADOCHY ART PURCHASE AGREEMENT Art Purchase Agreement a. if to the City, to: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: Community Services Director b. if to the Artist, to: Peter Ladochy 17 Ocean Front Cayucos, CA 93430 ARTICLE XVIII. INDEMNITY With respect to acts, errors or omissions in the performance of Artist's obligations hereunder, Artist agrees to indemnify and hold harmless the City and its officers, agents, employees, and representatives from and against any and all claims, demands, defense costs, liability or consequential damage of any kind or nature arising out of Artist's (including its subcontractors, agents, employees, assigns or licensees) negligent and/or willful acts, errors or omissions in the performance of Artist's obligations under this Agreement. With respect to acts, errors or omissions in the performance of the City's obligations hereunder, the City agrees to indemnify and hold harmless Artist from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising out of the City's (including its contractors') negligent and/or wilful acts, errors or omissions in the performance of the City's obligations under this Agreement. The foregoing indemnities shall be in effect without regard to the maintenance of insurance coverage for any such loss, costs, claims, damages or expenses. ARTICLE XIX. INSURANCE 19.1 Policies. Throughout fabrication of the Artwork the Artist shall maintain Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability (employee and contractual exclusions deleted), Products/Completed Operations Liability, Broad -Form Property Damage and Independent Contractors' ($1,000,000) per occurrence, combined single limit, written on an occurrence form, and such other forms and amounts of insurance as the City may deem necessary or desirable. All required insurance shall be evidenced by an insurance policy or policies (or the renewal or replacement thereof) reasonably acceptable to the City. Artist shall not proceed with any work nor receive payment under this Agreement until, among other things, the City has received the appropriate insurance certificates. 181 017 S:\Community Services\Civic Center Campus Artwork\LADOCHY AZr PURCHASE AGREEMENT 1 Art Purchase Agreement Artist, prior to completion, shall maintain or cause to be maintained standard all-risk property insurance in an amount equal to or greater than the full replacement value of the Artwork. The Artist's General Liability policy required by this Agreement shall contain the following clauses: "The City of La Quinta and its officers, agents, employees, representatives, and volunteers are added as additional insureds as respective operations and activities of, or on behalf of the named insured, performed under contract with the City of La Quinta. " Prior to commencing any work under this Agreement, Artist shall deliver to the City insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clause referenced above. Also, within thirty (30) days of the execution date of this Agreement, Artist shall provide to the City an endorsement to the General Liability policy, which adds to this policy the applicable clause referenced above. Said endorsement shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Also, the City has the right to demand, and to receive within a reasonable time period, copies of any insurance policy required under this Agreement. In addition to any other remedies the City may have if Artist fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: a. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to other remedies the City may have, and is not, the exclusive remedy for Artist's failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Artist may be held responsible for payments of damages to persons or property resulting from Artist's, or its respective agents' contractors' or subcontractors', performance of the work covered under this Agreement. ARTICLE XX. GENERAL 20.1 Any provisions of this Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 20.2 Whenever in the specifications any materials or process is indicated or specified 182 by patent or proprietary name or by name of manufacturer, such specification shall be deemed 018 S:\Community Services\Civic Center Campus Artwork\LADOCHY ART PURCHASE AGREEMENT Art Purchase Agreement to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL", and Artist may offer any material or process which shall be equal in every respect to that so indicated or specified. 20.3 Artist shall offer any substitute in said proposal or if a substitute so offered by Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one shall be required by the City. 20.4 Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should the Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by the City. 20.5 The City shall give any subsequent owner of the Artwork written notice of the covenants contained herein, and shall cause each such successive owner to be bound thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: KATHERINE JENSON, City Attorney City of La Quinta, California CITY: CITY OF LA QUINTA, a California municipal corporation AR THOMAS P. GENOVESE, City Manager City of La Quinta, California 183 PETER LADOCH U 1 9 S:\Community Services\Civic Center Campus Artwork\LADOCHY ART PURCHASE A REEME13P/ Art Purchase Agreement EXHIBIT A SCOPE OF DESIGN BUILD SERVICES I. SCOPE OF WORK 1. Artist shall furnish all labor, engineering, material, tools, equipment, etc., required to design, fabricate and install the Artwork in accordance with the quality level and intent of the concept drawings as previously prepared by Artist and approved by the City, along with all governing agency requirements and code criteria. 2. Artist is responsible for submitting all required documents relating to the Artwork design to appropriate government agencies so that building plan check and all required permits may be obtained in a timely manner. 3. Artist shall immediately notify the City in writing of any cost impact or schedule impact whether increase or decrease, resulting from any modifications to the design. Any redesign fees or any other costs incurred by the City due to Artist's negligence or failure to keep the City informed of scope variances in a timely manner shall be charged to the Artist. 4. Artist shall complete the design in sufficient scale and detail as required by the City and governmental authorities for approval. The design documents shall bear the stamp of a professional Mechanical, Structural and/or Electrical Engineer(s) licensed in the State of California deemed necessary. 5. Artist's design and specifications shall be subject to approval by the City and its consultants. II. GENERAL ITEMS OF INCLUSION: As a further clarification to the plans and specifications, the work shall include but not necessarily be limited to the following: 1. Artist shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to the City prior to installing any material. The installation of any material constitutes the Artist's complete acceptance of all substrates as compatible with the work under this Agreement. 2. Any work not provided for in this Agreement must be authorized by the City prior to the installation of such work. 3. Artist is responsible for all repairs or replacement of any existing property or work which is damaged as a result of the performance of the work under this Agreement. 184 020 S:\Community Services\Civic Center Campus Artwork\LADOCHY A1ffr PURCHASE AGREEMENT Art Purchase Agreement 4. Artist shall provide all unloading, hoisting, scaffolding, and bracing for the Artwork. 5. Artist shall provide all drilling, coring, cutting, fastening, and welding required for the Artwork. 6. Artist shall supply all specialty lighting required to complete the Artwork. III. SPECIFIC ITEMS OF INCLUSION 1. The Artwork consists of seven sections containing a pavement amenity, consisting of approximately 40 square feet each. 2. Each pavement amenity will consist of native pattern banding as a frame, mosaic tiles, depicting a Native American theme, as depicted in Cahuilla Indian history. Each section will contain a Cahuilla styled sand painting, pottery design or basket element. 3. Additional conditions to be contained in the project are outlined in the artist's proposal provided as an attachment to this section. 4. The Artwork is to be located on the Civic Center Campus (on the southwest corner of Calle Tampico and Washington Street) as outlined on the Master Plan for the project. 5. The entire Artwork is to be constructed of mosaic tiles designed to avoid any tripping hazards. 6. All artwork themes must be submitted for prior to construction, for City Council approval. 185 021 S:\Community Services\Civic Center Campus Artwork\LADOCHY A114T PURCHASE AGREEMENT peter ladochy, mfa IaQuinta Public Art The Campus projects Cultural Arts Commission 805-995-3579 "Historical Crosswalks" Mosaics (As if) excavations from colorful,early culture;these sections of "Historical Crosswalks" serve to meld the power of Native design with current reality,and to instruct and amuse all age groups touring the Campus. Each theme connected mosaic pavement contains Native pattern banding as "frame" and the theme of indigenous animal or bird in mosaic;incl. depiction of its power and ecology. Then,a colorful Native interpretation;creating a Cahuilla-styled "sand painting, pottery design or basket elements. These elements"float" on,a. co-ordinated grout tones,b. cut pavers with blue mosaic "grout lines" -representing ancient waters be neath the desert floor. Some pavers are impressed with the subject's "footprints" and there are inlain "fossils and artifacts" from the site. The mosaics are created indirectly and laid professionally on site;grout is to coordinate with ambient tones and surfaces. Because these works attempt to connect with a wide audience; perhaps a part of the projects' "Tour Guide" may indicate the Crosswalk sites,and further indicate the Native "stories" from which they sprang (for kids?). I'd be happy to work with the Historical Society during my research for Cahuilla imagery,in order to add a layer of such information,should I be allowed the mosaics commission. Thank you. 186 022_ 17 ocean front cayucos, ca 93430 peter ladochy, mfa LaQuinta City Council The Campus Project "Historical Crosswalks" 805-995-3579 The "Crossroads" Series* depict in mosaic glass and tiles,birds animals and reptiles,in their local ecology;melding organically into Native interpretations,in legendary style,like their colorful sand paintings,to graphic pottery and textural,abstracted basket art -attempting with each "picture" to surprise,inform and amuse viewrs of all ages. The main motif is complemented by the subject's "prints" in clay as it would "use" the "Crosswalk"; plus inlain`Ifossils"and designed to "float" on a matrix of (tufa) desert- toned,cut pavers -with blue glass mosaic as grout lines,representing ancient waters beneath the viewer's feet. "Crosswalks" are "framed" by twin bands across the pavementidecorated with various patterns unique to Cahuilla craft. Each "Crosswalk" is unique in its "Story -teller" form,and in concert with the other mosaics,would suggest a natural,time-travel that provide revelatory signs & symbols as guide,and to connect the Campus Walk with its varied audience. Open to suggestions for desert wildlife inclusion; preliminary designs and color work -ups are prepared;then,each "Crosswalk" is fabricated in -studio and brought to site,in sections, by me and the licensed tile setter ( selected thru "D'Mundo Tile,Palm Desert) for installation at the appropriate time. Thanks again for selecting my proposal for La uinta Campus. * see example design:"Sunrise Bird" (Road runner) r023 187 17 ocean front cayucos, ca 93430 peter Iadochy, mfa Historical Cross walk (series) 805-995-3579 13 July 2M example: "Sunrise Bird" 1. Indigenous animal and its ecology (mosaic in "half -tones") 2. The transposed Native design (on ccmpass axis); "Sunrise" form depicts Harmony with plants and animals (Cahuilla) 3. Mosaic pavers & glass depicting,"Aquifer" 4. "Story sign" in English and Cahuiila languages 5. Indigenous (Snake belt) patterns banding as "frame" to "Crosswalk" 024 17 ocean front ca ucos ca Y 93430 [me 025 peter ladochy, mfa 805-995-3579 118 Civic center Campus Project Proposals description As specific locations for "Acknowledgement Areas" are yet to be defined,please accept the foregoing conceptional depictions. Solutions are inherent in the three tiled sculptures co-ordinated with ambient building geometry and colors which are thematic,as well. Built on slabs with rebar armature,foam and gunnite cover or cement board,the sculptures blend acknowledgement/signature on tiles with color and texture related to abstraction of inherent theme. Tone tufa or related materiel is incorporated in each work. Installation would be the cladding of sculptural forms with prefabricated tile sections,or set by hand,as necc. (please see encl. supporting architect's drawing for tech.) Solution for my "Pavement Amenities" proposal: continuing Native theme -at intervals along the pavement -inlaid mosaic collages,with tile marble mosaic and imprints,would depict indigenous plants and animals as "described" by original Cahuilla Indian artists. Based on scaled panels,templates would be lain flush with the pouring of walk,so that the mosaic panels delivered to site would fit perfectly in its setting bed. Maintenance of tiled sculptures or inlaid mosaics in walk would be nearly negligable as surfaces are tough and grout lines are sealed. An annual damp rag cleaning followed by wiping cleans and helps to retain reflective qualities of mosaics. Budgets: At this writing, proposed cost to complete each A.A. sculpture is circa $60 to $65,000. This may include sub -contract for future tiles produced. Proposed costs for P.A. project,at min. 100 sq.ft. would be circa $150. per ft. plus installation. 190026 17 ocean front cayucos, ca 93430 Art Purchase Agreement EXHIBIT B SCHEDULE OF PERFORMANCE SCHEDULING: The project will take approximately three months to complete the fabrication and installation of the Artwork. Work will commence during the month October of 2000, and completed and installed by January 2001, or as required in the construction schedule of the Civic Center Campus. The ARTIST will coordinate the installation of the artwork with the Design Consultant and/or Landscape Architect. REVIEWS: There may be one review by the Cultural Arts Commission of the work in progress if the Commission deems it necessary to be conducted prior to the installation of art feature. The project may be reviewed by the City Council as deemed appropriate. 191 027 S:\Community Services\Civic Center Campus Artwork\LADOCHY A16T PURCHASE AGREEMENT Art Purchase Agreement EXHIBIT C SCHEDULE OF COMPENSATION Basic Contract: $49,000 Total Not to Exceed $49,000 SCHEDULE OF PAYMENTS: First payment due approval of themes $16,333.33 Second payment due upon final installation of first theme $16,333.33 Third payment due upon filing of Notice of Completion $16,333.34 192 028 S:\Community Services\Civic Center Campus Artwork\LADOCHY AFST PURCHASE AGREEMENT Art Purchase Agreement EXHIBIT D NOTICE OF COMPLETION FOR ARTWORK Piece of Artwork: Native American Theme Mosaics WHEREAS, by that certain Art Purchase Agreement dated , 2000 ("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation (the "City") contracted with PETER LADOCHY (ARTIST) to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, the City shall furnish Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the parties hereto certify as follows: 1. As provided in the Agreement, the City does hereby certify that the fabrication and installation of the Artwork has been fully performed and completed. Any executory obligations pursuant to the Agreement, which are hereby incorporated herein by reference, shall remain enforceable according to their terms. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. IN WITNESS WHEREOF, the Agency has executed this certificate this day of 92001. CITY OF LA QUINTA, a California municipal corporation by: 193 029 S:\Community Services\Civic Center Campus Artwork\LADOCHY ART PURCHASE AGREEMENT T4ht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 19, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Approval of an Art Purchase Agreement with PUBLIC HEARING: Sandy Swan for the Civic Center Campus Artwork RECOMMENDATION: Approve the Art Purchase Agreement with Sandy Swan for the Civic Center Campus Artwork and authorize the City Manager to execute the Art Purchase Agreement with the artist at a cost not to exceed $13,085. FISCAL IMPLICATIONS: At the July 18, 2000 City Council meeting, the City Council approved the "Animal Tracks" for the Civic Center Campus project, as presented by Sandy Swan. The cost of 12 walkway sections with 10 different animals total $13,085. The funds for this project have been allocated from the Art in Public Places Account #701-000-255-211 for the Civic Center Campus project. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the January 18, 2000 City Council meeting, it was determined that the Civic Center Campus improvement project would include five artist components: bronze relief map, enhanced pavement amenities; acknowledgment areas for veterans, sports figures, and celebrities; enhanced bridge railings and a linear water feature. The amount of $340,000 from the Art in Public Places account was allocated for these artistic amenities. At the March 7, 2000 City Council meeting, a Request for Qualifications was approved and sent out to 94 artists for possible submission of proposals for the Civic Center Campus. Seven concepts were submitted for consideration: one bronze relief map, two bridge railing enhancements and four sculptures. 194 At the May 2, 2000 City Council meeting, the City Council approved the general concept of the Bronze Relief Map by Artist Sandy Swan, and did not approve the other proposals. At the June 20 City Council meeting, the final details to be included as part of the Bronze Relief map were approved and an Art Purchase Agreement was authorized for the Bronze Relief Map. At the May 16, 2000 City Council meeting, a second Request for Qualifications was approved by the Council to solicit proposals for the following components of the Civic Center Campus Artwork: A geyser type water feature; acknowledgment areas for celebrities, sports figures and veterans; and pavement amenities. A total of 498 RFQ's were sent to artists. Twelve artists submitted proposals for the Civic Center Campus Artwork: six proposals were submitted for the geyser type water feature; six proposals were submitted for the acknowledgment areas; and five proposals were submitted for the pavement amenities. At the July 13, 2000 Cultural Arts Commission meeting, the Commission reviewed the proposals and forwarded four recommendations: "Tree of Life" as proposed by Carlos and Miguel De La Torre "Animal Tracks" as proposed by Sandy Swan "La Quinta Mountain Range" as proposed by Bill Ware "Mosaic Native American Themes" as proposed by Peter Ladochy At the July 18, 2000 City Council meeting, the City Council approved the art work presented by Sandy Swan, Bill Ware, and Peter Ladochy, as provided in Attachment 1. The proposal by Ms. Swan includes animal tracks in twelve walkway sections, each section approximately eight feet wide by twelve feet long. The walkway sections will represent ten different animals, as provided in Attachment 3. During City Council discussions, the possibility of providing bronze plaques describing the animals could be placed along the walkways. The City Council asked that this option be brought forth at a later date. The Art Purchase Agreement between the City and Ms. Swan is provided as Attachment 3. The Schedule of Compensation included in the Art Purchase Agreement (Attachment 3) provides payment to the artist as the project progresses. Unlike Public Works project progress payments, the artist requests payment upon the start of the project, to purchase materials and supplies specific to the art work for the City. Final payment is issued upon final acceptance of the project. 195 002 S:\Community Services\CCReports\CC.065.wpd Once the Art Purchase Agreement has been executed, the artist will work with Tom Doczi of TKD and Associates, the Landscape Architect for the Civic Center Campus project. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Art Purchase Agreement with Sandy Swan for the Civic Center Campus Artwork and authorize the City Manager to execute the Art Purchase Agreement with the artist at a cost not to exceed $13,085; or 2. Do not approve the Art Purchase Agreement with Sandy Swan for the Civic Center Campus Artwork; or 3. Provide staff with alternative direction. Ily s mitted, I Yb ie Horvitz!Co Attachments: 1 . 2. 3. ity Services Director Approved for submission by: Thomas P. Genovese, City Manager Minutes from the July 18, 2000 City Council Meeting Proposal Details by Sandy Swan Art Purchase Agreement 196 U00 S:\Community Services\CCReports\CC.065.wpd ATTACHMENT 1 City\v* tes 8 July 18, 2000 mber Henderson supported staff continuing informal me gs with agencies and coming back with a formal recommend n at the end Council Memb Sniff agreed and felt the informal d' ussions should include a mission statemft membership, powers, terms dget, and staffing needs. Council Member Adolphgreed. Council Member Perkins fellViey sh,p&d not be limited to quarterly meetings and wished to have a recom X ion back to Council in time to consider before next year's budget. Mayor Pena suggested the could also ort to the Chamber of Commerce sub- committee and that th ity's represent ' e on that committee could report back to Council. H ished to have a repo back to Council during the first quarter of next y MOTION - ItAs moved by Council Members Sniff/He rson to authorize staff to continu eeting informally with the Chamber of Com ce, KSL, and other interest parties to discuss marketing strategies and to rep back to Council after a end of the year. Motion carried unanimously. MIN E ORDER NO. 20 -137. 8. CONSIDERATION OF CIVIC CENTER CAMPUS ART WORK PROPOSALS. Community Services Director Horvitz presented the staff report. In response to Council Member Adolph, Ms. Horvitz stated decorative railings on the bridge were removed from the RFQ and not included with this funding. She stated the pavement amenities will be scattered throughout the campus. Council Member Adolph voiced concern about continuity. Ms. Horvitz stated the Cultural Arts Commission has recommended the Tree of Life for the water feature, the Mosaic Native American Themes and Animal Tracks for pavement amenities, and,the La Quinta Mountain Range for the acknowledgment areas for a total expenditure of $273,000. Council Member Adolph did not recall Council asking for an art feature in the lake other than a fountain geyser. — �ncil Minutes July 18, 2000 Council Member Sniff noted a location for the DeMartino art piece still needs to be determined. In response to Mayor Pena, Senior Engineer Freeland stated the geyser is anticipated to be located at the north end of the lake approximately 60-80 feet from the shore. Council Member Henderson understood the three acknowledgment areas would be spread throughout the campus. Mayor Pena understood the DeMartino art piece was designed to be located behind the archway. Ms. Horvitz advised the Cultural Arts Commission has recommended the DeMartino art piece be located southeast of the lake and the artist has agreed with this placement. Council Member Sniff suggested contacting companies that design and install water features/fountains instead of having an artist design it. He liked the idea of water in motion similar to the fountain in front of Laguna de la Paz. Council Member Henderson agreed and noted there are water architects that make the water itself the art piece. In response to Council Member Perkins, Mr. Freeland confirmed water rapids will be featured under the bridge. Council Member Adolph suggested a design similar to the Washington Street bridge be used on the bridge railings. Council Member Perkins agreed. Council proceeded to discuss the Commission's recommendations as follows: Water Feature After a brief discussion, Council concurred to direct staff to contact water architects to design a water feature and to report back to Council. Pavement Amenities Council Member Perkins suggested the sidewalks be constructed with colored cement. 006198 City Council Minutes 10 Council concurred. Jul), Council further concurred on utilizing seven panels of the Mosaic Native Indian Themes and 12 sections of Animal Tracks (descriptive plaques to be considered at a later time) to be placed randomly throughout the campus. Acknowledgment Areas A brief discussion ensued regarding the Mountain Range art piece and Ms. Horvitz advised it could be separated into three separate pieces. Bill Ware, the artist for the Mountain Range, advised he could create three different mountain ranges in a reduced size (approximately 8' X 7') for the same price and would work with the landscape architect for a .covering around the bottom edges. Council Member Henderson spoke regarding the memorial monuments proposed by Peter Urbon and stated she felt four of them would look too much like billboards and that they exceed the budget amount. However, she felt there might be some potential for modification to reduce the cost and asked if there was any consideration by Council to possibly use one on the campus. -I Council Member Perkins suggested one of the pieces could be used at the entrance for the City Seal. Council concurred to utilize three Mountain Range art pieces for three acknowledgment areas and to look at the other proposals when the water features come back for Council's consideration. City Manager Genovese advised contracts will be negotiated for each of the selected art pieces (Mosaic Native Indian Theme panels, Animal Tracks, and Mountain Ranges) and brought back individually for Council's consideration. MOTION - It was moved by Council Members Sniff/Adolph to direct staff to negotiate contracts with the three artists for selected art pieces (seven Mosaic Native Indian Theme panels, 12 Animal Track sections, and three reduced -size Mountain Ranges) for the Civic Center Campus and to bring them back to Council for approval. Motion carried unanimously. MINUTE ORDER NO. 2000-138. 00 199 ATTACHMENT 2 Solution PROPOSAL Create patterns of desert animal tracks in the concrete walkways throughout the La Quinta Campus project. Meet with Park and Landscape Architects to discuss placement of tracks and of relevant features (entrances, drinking fountains, benches, landscaping, lake and other water features). Draw up diagrams for each concrete section receiving tracks: type of animal(s), number of tracks, placement and pattern. Collect animal track impressions from resident animals (at Living Desert, Bighorn Institute, Wild Bird Center) and from tracks in the field. Create foot- print casts from tracks. Schedule with concrete contractor for stamping of tracks into concrete as it is poured. DESIGN CONCEPT, TRACKS COLLECTION, FOOTPRINT CAST FABRICATION - Layout overall design of track patterns, create diagrams for 12 walkway sections (each section approx. 8' wide x 10' long). - Collect impressions and create footprint casts for 10 different animal tracks (suggest Bighorn Sheep, Roadrunner, Quail, Coyote, Jackrabbit, Great Blue Heron, Tortoise, Chuckwalla, Eleodes Beetle, Tarantula). - Stamp footprints into 12 concrete sections (per diagrams) Bid Amount: $13,085 Each Additional Concrete Section: - Design and diagram track patterns - Stamp concrete with track patterns Bid Amount: $800-$1075 per section (depending on complexity) Create additional Animal Track Stamps: -Build box for mold - Collect impression - Create footprint cast Bid Amount: $355-$535 (depending on animal) 200 008 coYo� � L4 FOOT) 0 ® 40 oo 0 ©o© b6 O o DR -INKING Fby NTH tj 201 009 ATTACHMENT 3 ART PURCHASE AGREEMENT THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this day of , 2000, by and between THE CITY OF LA QUINTA, a California municipal corporation (the "City"), and SANDY SWAN ("Artist"). RECITALS A. The CITY is currently constructing the Civic Center Campus. The CITY is commissioning the fabrication and installation of certain ARTWORK (the "Artwork") to be installed and displayed at the SITE LOCATION which is located on the Civic Center Campus, at the southwest corner of Calle Tampico and Washington (the "Site Location"). NOW, THEREFORE, the parties hereto, for the consideration and under the conditions hereinafter set forth, hereby mutually agree as follows: ARTICLE I. SCOPE OF SERVICES 1.1 Scope of Design Services. Artist shall prepare or cause to be prepared, any required approvals for all shop drawings, details, and samples, and shall do all other things necessary and incidental to the performance of the Artist's obligations pursuant to this Agreement. 1.2 Scope of Fabrication Services. Artist shall fabricate, transport and install the Artwork pursuant to and by the times set forth in the Scope of Design Build Services and the Schedule of Performance attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this reference. The City shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit to the City monthly progress narratives, including photographs, as required by the Schedule of Performance (Exhibit B). The narratives shall include the percentage of the Artwork completed to date, along with an estimated completion date. Artist shall furnish all tools, equipment, apparatus, facilities, plant, labor, services, materials, and all utilities and transportation, including power, fuel, and water, and to perform all work necessary to construct, transport and install in a good and workmanlike manner the scope of work set forth in the Scope of Design Build Services (Exhibit A), or reasonably inferable therein, together with the appurtenances thereto, at the Site Location. It is understood and agreed that all said plant, labor, services, materials, equipment, and facilities shall be furnished and said work performed and completed by Artist as an independent contractor, subject to the inspection and approval of the City or its representatives. The Artist shall present to the City in writing for further review and approval any and all significant changes in the scope, design, color, size, material or texture, of the Artwork 202 not permitted by or not in substantial conformity with the approved working drawings and the S:\Community Services\Civic Center Campus Artwork\SWAN-PAVEMENT AMENITIES ART PURCHASE AGREEMENT U 1 0 Art Purchase Agreement Scope of Design Build Services (Exhibit A). A significant change is any change in the scope, design, color, size, material, texture, or Site Location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services (Exhibit A). Artist shall at all times maintain proper facilities and provide safe access for inspection of the Artwork by the City, its engineer or representatives, and to the sites wherein the Artwork is located prior to installation. Where specifications require work to be specially tested or approved, it shall not be tested without timely notice to the City, of its readiness for inspection and without the approval thereof, or consent thereto by the City. The Artist shall promptly notify the respective departments or official bodies when its work is ready for inspection and shall, at once, do all work required to remove any violations or to comply with such inspections, without additional charge to the City. The Artist shall perform all work necessary to obtain approvals from the authorities mentioned above without additional cost to the City. 1.3 Change Orders. In addition to the change orders and extra work specified and provided for in the Scope of Design Build Services (Exhibit A), the City may at any time during the progress of the completion and installation of the Artwork and up to the date of the issuance of a Notice of Completion as hereinafter defined, when in the City's reasonable determination the public interest and necessity so require, request any alterations, deviations, additions to or omissions from this Agreement, Scope of Design Build Services (Exhibit A), or the work, labor and materials to be furnished thereunder, and the same shall in no way affect or make void this Agreement. Artist shall adhere strictly to the Scope of Design Build Services (Exhibit A), unless a change therefrom is authorized in writing. In such case, the terms of said change shall be understood and agreed upon in writing by the City and Artist before commencement of said revised work. 1.4 Post -Fabrication Services. a. The Artist shall notify the City in writing when fabrication of the Artwork is completed and ready for delivery and installation at the Site Location which is designated in Exhibit A and B, attached hereto and incorporated herein by reference. b. Upon completion and at all times during fabrication and installation, the Artwork shall comply with all applicable statutes, ordinances and regulations of any governmental agency having jurisdiction over the Artwork. 1.5 Post -Installation. a. The Artist shall be available at such reasonable time or times as may be 203 S:\Community Services\Civic Center Campus Artwork\SWAN-PAVEMENT AMENITIES ART PURCHASE AGREEMENT Oil Art Purchase Agreement agreed between the City and Artist to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork. b. The City shall use reasonable efforts to arrange for publicity for the completed Artwork by local media and publications, and otherwise as may be determined between the City and Artist as soon as practicable following installation. C. Upon installation of the Artwork, the Artist shall provide the City with written instructions for appropriate maintenance and preservation of the Artwork. 1.6 Final Acceptance. a. The Artist shall advise the City in writing that the Artwork will become the responsibility of the City on the effective date of completion of the project and the acceptance as complete by the City. Following receipt of such notice the City shall cause the installed Artwork to be inspected by suitably qualified and appropriate professional(s), and within five (5) days following completion of such inspection(s), the City shall either provide Artist with reasonably specific written objections to the installed Artwork or notify the Artist of its acceptance of the Artwork by a Notice of Completion in the form attached hereto as Exhibit D. Such Notice of Completion (Exhibit D) shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. b. Final Acceptance by the City of the ownership of the Artwork will occur at the filing of the Notice of Completion. 1.7 Risk of Loss. Upon receipt of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by the City. The Artist shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the Notice of Completion is made by the City. 1.8 Title. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall remain with the Artist and shall pass and vest with the City upon issuance of Final Acceptance or Termination pursuant to Article IX hereof. ARTICLE II. TIME OF PERFORMANCE 2.1 Time. Artist does agree to punctually and diligently perform all their obligations under this Agreement. It is further understood and agreed that should the Artist fail to furnish the labor, materials, equipment, and or services, to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Artist shall, in addition to any other penalties provided in the Agreement, be liable to the City for all losses or damages that either may suffer on account thereof. 204 In the event Artist at the time refuses or neglects to supply a sufficient number of () 1 9 - -- -- r • - A.....^.b\CWAN_AAVRtAFNT AMF.NTTiF4 ART PURCHASE AGREEMENT Art Purchase Agreement properly skilled workers or a sufficient quantity of materials of proper quality, or in effect be adjudicated bankrupt, or files a voluntary petition -in bankruptcy, or commits any act of insolvency, or makes an assignment, for benefit or creditors, without the City's consent, or fails to make prompt payment to his materialmen and laborers, or fails in any respect to properly and diligently prosecute the work covered by this Agreement, or otherwise fails to perform fully any and all of the Covenants and obligations herein contained; then the City may, at its option, after giving twenty-four (24) hours written notice to Artist, provide any such labor and materials as may be necessary and deduct the cost thereof from any money then due or thereafter to become due to Artist under this Agreement; or the City and may at its option, terminate the Artist's right to proceed with the work and, in that event, the City shall have the right to enter upon the Artist's warehouse and take possession, for the purpose of completing the work included under this Agreement, of the Artwork or any portion thereof, and all materials, tools, and appliances thereon, and may employ any other person or persons to finish the work and provide the materials therefor. In the case of such discontinuance of Artist's right to proceed with the work, Artist shall not be entitled to receive any further payment under this Agreement until the work undertaken by the City is completely finished. At that time, if the unpaid balance of the amount to be paid under this Agreement exceeds the expenses incurred by the City in finishing Artist's work, such excess shall- be paid by the City to the Artist, but if such expense shall exceed such unpaid balance, then Artist shall promptly pay to the City the amount by which such expense shall exceed such unpaid balance. The expense incurred by the City as herein provided, either for furnishing materials or for finishing the work, and any damages incurred by the City by reason of Artist's default, shall be chargeable to, and paid by Artist, and the City shall have a lien upon all materials, tools, and appliances, taken possession of, as aforesaid, to secure the payment thereof. If the City elects not to terminate Artist's right to proceed, Artist agrees to reimburse the City for losses or damages resulting from the delay in speedy progress of work. If Artist should neglect to prosecute the work properly or fail to perform any provisions of this Agreement, the City, after three (3) days' written notice to Artist, may without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due Artist; provided, however, that the City shall approve such action and certify the amount thereof to be charged to Artist. ARTICLE III. WARRANTIES 3.1 Title. The Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City, the Artwork is unique and original and does not infringe upon any copyright; (c) the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Artwork is free and clear of any and all encumbrances and/or monetary liens. 3.2 Quality and Condition. The Artist represents and warrants, except as otherwise disclosed to the City in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects consisting of 205 "inherent vice" or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those 013 S:\Community Services\Civic Center Campus Artwork\SWAN-PAVEMENT AMENITIES ART PURCHASE AGREEMENT Art Purchase Agreement described in the maintenance recommendations to be submitted by the Artist to the City hereunder. The warranties described in this Section 3.2 shall survive for a period of one (1) year after the Acceptance of the Artwork, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from after Acceptance of the Artwork. The City shall give notice to the Artist of any observed and claimed breach with reasonable promptness. The Artist shall, at the request of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork). ARTICLE IV. PERFORMANCE BONDS The Artist shall not be required by the City to post any performance bonds or similar undertakings, and any requirement of any other authority for performance bonds shall be the responsibility of the City. Nevertheless, Artist shall prevent any lien from attaching to the Artwork by any person claiming under Artist. ARTICLE V. REPRODUCTION RIGHTS 5.1 General. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et sea., and all other rights in and to the Artwork except ownership and possession, except as such rights are limited by this Agreement. In view of the intention that the Artwork in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, dimensional reproductions of the final artwork, nor shall the Artist grant permission to others to do so except with the written permission of the City and at such time as Final Acceptance by the City at which time the City alone map approve. The Artist grants to the City, and its agents an irrevocable license to make two-dimensional reproductions of the Artwork for noncommercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications, provided that these rights are exercised in a tasteful and professional manner. 5.2 Notice. All reproductions by the City shall contain a credit to the Artist and denote its location, provided that the Artwork is protected by United States copyright law and reasonable substantiation thereof is provided to the City. 5.3 Re istration. The Artist may at its expense cause to be registered, with the United States Register of Copyrights, a copyright in the Artwork in the Artist's name. ARTICLE VI. ARTIST'S RIGHTS 6.1 Identification. The City shall, at its expense, prepare and install at the Site, a 206 S:\Community Services\Civic Center Campus Artwork\SWAN-PAVEMENT AMENITIES ART PURCHASE AGREEMENT 014 Art Purchase Agreement plaque identifying the Artist, the title of the Artwork and the year of completion, and shall reasonably maintain such notice in good repair against the ravages of time, vandalism and the elements. 6.2 Maintenance. The parties recognize that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. 6.3 Repairs and Restoration. a. The City shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. To the extent practical, the Artist, during the Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that the City and the Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon the Artist's fee for such services. No fees shall be paid to Artist for repair or restoration due to a breach of the representations and warranties set forth herein. b. All repairs and restorations shall be made in accordance with recognized principles of conservation. 6.4 Maintenance and Alteration of the Artwork. a. The City shall maintain the Artwork in a manner that the City determines appropriate in its sole discretion. b. The City shall use its reasonable efforts to meet and consult with Artist prior to the time of making any alteration. If any alteration is made without the consent of Artist, Artist shall have the right to direct the City to remove Artist's name from the Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with Section 987 of the California Civil Code and the rights and protection afforded Artist thereunder, and Artist hereby waives each and all of Artist's rights and protection under Section 987 of the California Civil Code to the extent such rights and protection are inconsistent with this Section 6.4; provided, however, that to the extent that the rights and protection afforded Artist under Section 987 of the California Civil Code are not inconsistent with this Section 6.4 or pertain to matters that are not dealt with in this Section 6.4, Artist shall retain such rights and protection. 6.5 Permanent Record. The City shall maintain a record of this Agreement and of the location and disposition of the Artwork. 6.6 Artist's Address. The Artist shall notify the City of changes in their address. The City shall take reasonable effort(s) to locate the Artist when matters arise relating to the Artist's rights under this Agreement. 207 6.7 Surviving Covenants. The covenants and obligations set forth in this Article VI 015 S:\Community Services\Civic Center Campus Artwork\SWAN-PAVEMENT AMENITIES ART PURCHASE AGREEMENT Art Purchase Agreement shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and the City's covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein. Upon the death of the Artist, the representative of Artist's estate shall assume the surviving covenants and obligations of Artist set forth in this Article VI. ARTICLE VII. ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and not as an agent, joint venturer, partner or an employee of the City. The Artist shall not: a. be supervised by any employee or official of the City; b. exercise supervision over any employee or official of the City; C. have authority to contract for or bind the City in any manner; or represent itself as an agent of the City; or otherwise be authorized to act for or on behalf of the City; d. have status as the City's employees or have any right to any benefits that the City grants to its employees. ARTICLE VIII. ASSIGNMENT OR TRANSFER No party shall assign or transfer an interest in this Agreement without the prior written consent of the other parties, provided, however, that claims for money .due or to become due from the City under this Agreement may be assigned to a financial institution without approval. ARTICLE IX. TERMINATION The City may, by written notice to the Artist, terminate this Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in accordance with the term s hereof or any other breach by Artist of the terms of this Agreement, when such failure or breach continues uncured for fifteen (15) days following notice thereof from the City to Artist ("Termination for Default"), or (b) at any other time in the sole and absolute discretion of the City ("Discretionary Termination"). Termination for Default and Discretionary Termination are sometimes hereinafter collectively referred to as "Termination". Upon Termination, except as provided in this Article IX, all parties shall be released from all further obligations and liability hereunder. Effective upon a Termination, the Artwork, or so much thereof or has then been completed, shall be transferred to and shall belong to the City. In such event and upon Artist's written request, the City shall remove Artist's name from the Artwork. Upon a Termination for Default and subject to Article 2.1, the Artist shall be entitled only to that portion of the total 208 compensation due Artist that is then payable pursuant to the Schedule of Compensation (Exhibit 016 S:\Community Services\Civic Center Campus Artwork\SWAN-PAVEMENT AMENITIES ART PURCHASE AGREEMENT Art Purchase Agreement C); upon a Discretionary Termination, Artist shall be entitled to the full Artist Fees provided for in Exhibit C hereto and that portion of the costs and expenses of Design, Fabrication and Installation of Artwork provided for in Exhibit C hereto that is then payable pursuant to the Schedule of Compensation (Exhibit C), plus all other costs reasonably incurred by Artist following the last payment pursuant to the Schedule of Compensation (Exhibit C), prior to the date of the Discretionary Termination, provided that Artist shall be required to provide the City with reasonable substantiation for such costs. Notwithstanding anything else herein contained, Artist shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Artist, and the City may reasonably withhold payments to the Artist until such time as the exact amount of such damages is determined. ARTICLE X. CONTRACTOR ADMINISTRATOR The Contract Administrator for this Agreement shall be the City Community Services Director. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City, the City Community Services Director shall represent and act for the City. ARTICLE XI. NON-DISCRIMINATION In carrying out the performance of the services designated, the Artist and the City shall not discriminate as to race, color, creed, religion, marital status, national origin or ancestry, and the Artist shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended. ARTICLE XII. ENTIRE AGREEMENT This Agreement, consisting of 19 pages and four exhibits, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth hereinabove. ARTICLE XIII. MODIFICATION No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. ARTICLE XIV. WAIVER No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 209 S:\Community Services\Civic Center Campus Artwork\SWAN-PAVEMENT AMENITIES ART PURCHASE AGREEMENT r,9. Art Purchase Agreement ARTICLE XV. GOVERNING LAW 15.1 This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 15.2 In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District Court in the district of California which includes Riverside County. 15.3 If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding sha11 be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees, incurred by the prevailing party in connection with the legal action or proceeding. ARTICLE XVI. HEIRS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the City and Artist, and their respective heirs, personal representatives, successors and permitted assigns. ARTICLE XVII. NOTICES All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, returned receipt requested, postage prepaid, as follows: a. if to the City, to: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: Community Services Director b. if to the Artist, to: Sandy Swan 210 78-695 Saguaro La Quinta, CA 92253 018 S:\Community Services\Civic Center Campus Artwork\SWAN-PAVEMENT AMENITIES ART PURCHASE AGREEMENT Art Purchase Agreement ARTICLE XVIII. INDEMNITY With respect to acts, errors or omissions in the performance of Artist's obligations hereunder, Artist agrees to indemnify and hold harmless the City and its officers, agents, employees, and representatives from and against any and all claims, demands, defense costs, liability or consequential damage of any kind or nature arising out of Artist's (including its subcontractors, agents, employees, assigns or licensees) negligent and/or willful acts, errors or omissions in the performance of Artist's obligations under this Agreement. With respect to acts, errors or omissions in the performance of the City's obligations hereunder, the City agrees to indemnify and hold harmless Artist from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising out of the City's (including its contractors') negligent and/or wilful acts, errors or omissions in the performance of the City's obligations under this Agreement. The foregoing indemnities shall be in effect without regard to the maintenance of insurance coverage for any such loss, costs, claims, damages or expenses. ARTICLE XIX. INSURANCE 19.1 Policies. Throughout fabrication of the Artwork the Artist shall maintain Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability (employee and contractual exclusions deleted), Products/Completed Operations Liability, Broad -Form Property Damage and Independent Contractors' ($1,000,000) per occurrence, combined single limit, written on an occurrence form, and such other forms and amounts of insurance as the City may deem necessary or desirable. All required insurance shall be evidenced by an insurance policy or policies (or the renewal or replacement thereof) reasonably acceptable to the City. Artist shall not proceed with any work nor receive payment under this Agreement until, among other things, the City has received the appropriate insurance certificates. Artist, prior to completion, shall maintain or cause to be maintained standard all- risk property insurance in an amount equal to or greater than the full replacement value of the Artwork. The Artist's General Liability policy required by this Agreement shall contain the following clauses: "The City of La Quinta and its officers, agents, employees, representatives, and volunteers are added as additional insureds as respective operations and activities of, or on behalf of the named insured, performed under contract with the City of La Quinta." 211 Prior to commencing any work under this Agreement, Artist shall deliver to the 019 S:\Community Services\Civic Center Campus Artwork\SWAN-PAVEMENT AMENITIES ART PURCHASE AGREEMENT Art Purchase Agreement City insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clause referenced above. Also, within thirty (30) days of the execution date of this Agreement, Artist shall provide to the City an endorsement to the General Liability policy, which adds to this policy the applicable clause referenced above. Said endorsement shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Also, the City has the right to demand, and to receive within a reasonable time period, copies of any insurance policy required under this Agreement. In addition to any other remedies the City may have if Artist fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: a. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to other remedies the City may have, and is not, the exclusive remedy for Artist's failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Artist may be held responsible for payments of damages to persons or property resulting from Artist's, or its respective agents' contractors' or subcontractors', performance of the work covered under this Agreement. ARTICLE XX. GENERAL 20.1 Any provisions of this Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 20.2 Whenever in the specifications any materials or process is indicated or specified by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL", and Artist may offer any material or process which shall be equal in every respect to that so indicated or specified. 20.3 Artist shall offer any substitute in said proposal or if a substitute so offered by Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one shall be required by the City. 20.4 Unless a different date is provided in this Agreement, the Effective Date shall be 212 the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should the Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by the City. u 421 1 S:\Community Services\Civic Center Campus Artwork\SWAN-PAVEMENT AMENITIES ART PURCHASE AGREEMENT Art Purchase Agreement 20.5 The City shall give any subsequent owner of the Artwork written notice of the covenants contained herein, and shall cause each such successive owner to be bound thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: KATHERINE JENSON, City Attorney City of La Quinta, California CITY: CITY OF LA QUINTA, a California municipal corporation THOMAS P. GENOVESE, City Manager City of La Quinta, California ARTIST: SANDY SWAN 213 S:\Community Services\Civic Center Campus Artwork\SWAN-PAVEEfNT AMENITIES ART PURCHASE AGREEMENT 021 Art Purchase Agreement EXHIBIT A SCOPE OF DESIGN BUILD SERVICES 1. SCOPE OF WORK 1. Artist shall furnish all labor, engineering, material, tools, equipment, etc., required to design, fabricate and install the Artwork in accordance with the quality level and intent of the concept drawings as previously prepared by Artist and approved by the City, along with all governing agency requirements and code criteria. 2. Artist is responsible for submitting all required documents relating to the Artwork design to appropriate government agencies so that building plan check and all required permits may be obtained in a timely manner. 3. Artist shall immediately notify the City in writing of any cost impact or schedule impact whether increase or decrease, resulting from any modifications to the design. Any redesign fees or any other costs incurred by the City due to Artist's negligence or failure to keep the City informed of scope variances in a timely manner shall be charged to the Artist. 4. Artist shall complete the design in sufficient scale and detail as required by the City and governmental authorities for approval. The design documents shall bear the stamp of a professional Mechanical, Structural and/or Electrical Engineer(s) licensed in the State of Californiaif deemed necessary. 5. Artist's design and specifications shall be subject to approval by the City and its consultants. II. GENERAL ITEMS OF INCLUSION: As a further clarification to the plans and specifications, the work shall include but not necessarily be limited to the following: 1. Artist shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to the City prior to installing any material. The installation of any material constitutes the Artist's complete acceptance of all substrates as compatible with the work under this Agreement. 2. Any work not provided for in this Agreement must be authorized by the City prior to the installation of such work. 3. Artist is responsible for all repairs or replacement of any existing property or work 214 which is. damaged as a result of the performance of the work under this Agreement. 022 S:\Community Services\Civic Center Campus Artwork\SWAN-PAVEMENT AMENITIES ART PURCHASE AGREEMENT Art Purchase Agreement 4. Artist shall provide all unloading, hoisting, scaffolding, and bracing for the Artwork. Artist shall provide all drilling, coring, cutting, fastening, and welding required for the Artwork. 6. Artist shall supply all specialty lighting required to complete the Artwork. The Artwork consists of twelve walkways sections imprinted with animal tracks. 2. The walkway sections are approximately 8 feet wide and ten feet long. 3. Ten different animal tracks will be included in the walkway sections. 4. The Artwork is to be located on the Civic Center Campus (on the southwest corner of Calle Tampico and Washington Street) in the historical plaza, as outlined on the Master Plan for the project. The entire Artwork is to be imprinted into the walkway. 6. The Artist shall take all steps necessary to coordinate with the concrete contractor to ensure that the Artwork is installed at the appropriate time during the setting of the. concrete. The Artist shall meet with the concrete contractor in advance of the concrete installation and work out a written, coordinated schedule which ensures that the installation of the Artwork will occur during the appropriate stage of the concrete setting. A copy of the written schedule, signed by the Artist and concrete contractor shall be provided to the City in advance of the work. 7. Additional conditions are provided as attachments to this exhibit, as provided by the Artist. 215 S:\Community Services\Civic Carter Campus Artwork\SWAN-PAVEMEI!' AMENITIES ART PURCHASE AGREEMENT 023 Cover Letter Enclosed please find my proposal for Pavement Amenities, to be included as part of the La Quanta Civic Center Campus Project. My name is Sandy Swan. I have owned Swan Design & Screenprint since 1982, and have worked. full time as a professional commercial artist since 1980. My husband and I have lived in La Quinta since 1980. My proposal is to incorporate tracks of local desert animals into the concrete walk- way as it is poured. Tracks would be stamped into the concrete using footprint casts, taken either from live animals or from tracks collected in the field. Track placement will be planned in advance, in consultation with both the Park and Landscape Architects. Plans for each individual concrete section will be drawn up, with a diagram showing which animal, how many tracks, and how they will be placed (meander, diagonally crossing, in and out along an edge, etc.). All tracks in the pathway would be life size, and accurate as to spacing and placement for stride (walk, trot, .run). I have worked on two previous projects involving animal tracks. The first is a bronze relief panel of local desert animal tracks, which is installed In the Michael Wolfson Park in Rancho Mirage. The original plaster impressions were taken from live animals at the Living Desert (roadrunner, sidewinder, chuckwalla, coyote), the Bighorn Insti- tute (bighorn ram), and the San Diego Zoo (mountain lion). These individual Impres- sions were combined into a final bronze relief panel. I was also a consultant for the Living Desert Education Department's. walkway project, which incorporated animal tracks into the walkways around the Education Building and in the wash areas. I assisted with design ideas, shared my methods for collecting tracks, and helped with troubleshooting: The addition of desert animal tracks in the pathways would be interesting, educa- tional and fun for Park visitors. I have watched children at the Living Desert running ahead to see where the tracks in the sidewalk lead. Teachers take their classes on field trips to Wolfson Park, to look at the animal tracks panel and talk about each different animal. The bronze animal track panel is also very popular with blind and visually impaired people who visit Wolfson Park., They are able to "see" the huge paw of a mountain lion, the X-pattern of a roadrunner's foot, and the beautiful swirls left by the belly scales of a snake. As a possible enhancement to this project, a small bronze plaque could be in- stalled near each set of tracks. The plaque would have a life-size debossed track of 216 the animal, and descriptive text in both raised letters and Braille. This would be informative and beneficial for both sighted and visually impaired park visitors. 024 Suggestions for Desert Animal Tracks Mammals - Desert Bighorn Sheep -. Coyote - Kangaroo Rat -Raccoon - Pack Rat - Cottontail - Black -tailed Jackrabbit - Kit Fox - Ringtail Cat -Bobcat - Mountain Lion - Round -tall Ground Squirrel - Deer Mouse Reptiles - Side Blotch Lizard - Chuckwalla - Tortoise - Snake = Red Spotted Toad Birds - Quail - Roadrunner - Great -tailed Grackle - Great Blue Heron - Killdeer - Mallard - Raven - Canada Goose - Burrowing Owl - Great White Heron - Mourning Dove Invertebrates - Tarantula - Eleodes Beetle (Stink Bug) Centipede Scorpion Solpugld (Sun Spider) 217 U�5 6 Sept 00 From: Sandy Swan 78-695 Saguaro La Quinta.,CA 92253 (760) 564-5061 fax (760) 836-0789 To: Dodie Horvitz Community Services City of La Quinta (760) 777-7000 Dear Dodie, Here is the signed contract for the Animal Tracks project. Please note the clarifications below: • Section III - Specific Items of Inclusion: Section 3 Ten different animal #racks -will -be -used -throughout-the campus -project. -Each-tndividual walkway section *nI have between 1-4 different animals. • The 30 day fabrication time would be the actual stamping of tracks into the concrete as it is poured. Additional time is needed before that stage to discuss track layout and placement with the campus architect, .collect the tracks, and prepare the stamps. I would need to be notified no later than 90 days before the actual pouring begins. • Selection of animals and layout of track patterns must be approved by the appropriate persons/committees before track collection and fabrication begins. ' I will need1he name of the concrete contractor as soon as possible, to coordinate the track stamping with their scheduled pour dates. • I also will need to meet with Tom Doczi as soon as possible to get a final layout of the pathways and landscape/hardscape features. Please also note our new home address shown above. (Home phone stays the same.) Thank you s much for your assistance, and I look forward to starting work on this project. P.S. - Petpr La Dochy contacted me regarding the possibility of having me add some of my animal tracks around the crossroads mosaics he will be installing, in the pathway. I think these two projects would tie together nicely, and would be happy to discuss this further if it is approved. 218 026 -1- Art Purchase Agreement EXHIBIT B SCHEDULE OF PERFORMANCE SCHEDULING: The project will take approximately one month to complete the fabrication of the Artwork. Work will commence during the installation of the walkways , and completed and installed by the time the walkways are completed. The ARTIST will coordinate the installation of the artwork with the Design Consultant and/or Landscape Architect. REVIEWS: There may be one review by the Cultural Arts Commission of the work in progress if the Commission deems it necessary to be conducted prior to the installation of art feature. The project may be reviewed by the City Council as deemed appropriate. 219 S:\Community Services\Civic Center Campus Artwork\SWAN-PAVEMENT AMENITIES ART PURCHASE AGREEMENT Art Purchase Agreement EXHIBIT C SCHEDULE OF COMPENSATION PRICE: Basic Contract: Total Not to Exceed SCHEDULE OF PAYMENTS: First payment upon project approval (50 %) $13,085 $13,085 $6,542.50 Final payment upon filing of Notice of Completion (50%) $6,542.50 220 (Ilel!R S:\Community Services\Civic Center Campus Artwork\SWAN-PAVELLENT AMENITIES ART PURCHASE AGREEMENT Art Purchase Agreement EXHIBIT D NOTICE OF COMPLETION FOR ARTWORK Piece of Artwork: Animal Tracks Pavement Amenity WHEREAS, by that certain Art Purchase Agreement dated ,200 ("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation (the "City") contracted with SANDY SWAN to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, the City shall furnish Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the parties hereto certify as follows: 1. As provided in the Agreement, the City does hereby certify that the fabrication and installation of the Artwork has been fully performed and completed. Any executory obligations pursuant to the Agreement, which are hereby incorporated herein by reference, shall remain enforceable according to their terms. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. day of IN WITNESS WHEREOF, the Agency has executed this certificate this 200 . CITY OF LA QUINTA, a California municipal corporation by: 221 029 S:\Community Services\Civic Center Campus Artwork\SWAN-PAVEMENT AMENITIES ART PURCHASE AGREEMENT T4ty� 4 4a Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 19, 2000 CONSENT CALENDAR: I %- ITEM TITLE: STUDY SESSION: Approval of Expenditure of Art in Public Places PUBLIC HEARING: Funds to Maintain the Lighting System on the Art Piece on the Corner of Washington Street and Highway 1 1 1 RECOMMENDATION: Approve the expenditure of $480 from the Art in Public Places Fund to be used to contract with Bruce Kribbs for twice monthly inspection of the lighting system on the art piece at the corner of Washington Street and Highway 1 1 1. FISCAL IMPLICATIONS: The expenditures of the fees collected in the Art in Public Places (APP) Fund, Account #701-000-255-21 1, may include the maintenance and repair of art work, as outlined in Attachment 1 . The cost to have a lighting contractor inspect the lighting system twice a month for one year is $480. The cost of the twice monthly inspections of the lighting system can be funded by the APP Funds. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City entered into an Art Maintenance Agreement with Washington/Adams, L.L.C, on May 2, 2000 to maintain the lighting system on the art piece "The Gem" on the northeast corner of Washington Street and Highway 1 1 1, as provided in Attachment 2. The lighting system on the art piece has been repaired. In order to maintain the lighting system, it must be inspected on a regular basis and repaired as needed. The City has a lighting contractor that inspects the city-wide lighting systems twice a month and performs repairs when needed. As a part of the city-wide inspection, the art piece can be included in the inspection schedule. Due to the APP account being used to fund the inspection, a separate agreement is being proposed with Bruce Kribbs for maintaining the lighting system on the art piece at Washington Street and Highway 1 1 1, as provided in Attachment 3. 222 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the expenditure of $480 from the Art in Public Places Fund to be used to contract with Bruce Kribbs for twice monthly inspection of the lighting system on the art piece "The Gem" at the corner of Washington Street and Highway 1 1 1; or 2. Do not approve the expenditure of $480 from the Art in Public Places Fund to be used to contract with Bruce Kribbs; or 3. Provide staff with alternative direction. Respectfully submitted, DodleHorvitz; ComrrlOnity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Ordinance 339 (Section 2.65. 2. Art Maintenance Agreement L.L.C. 3. Agreement with Bruce Kribbs 110, (B) (6) With Washington/Adams, 223 S:\Community Services\CCReports\CC.068.wpd ATTACHMENT 1 n with the development of the Project which addresses the goals and aims of this Chapter er equally favorable to or on a basis more favorable to the City than would be achieved by strict compliance with this Chapter. 2.65.110. Art in Public Places Fund, A. Accounting. The Fees imposed pursuant to Section 2.65.090 of this Chapter and any other monies collected in accordance with provisions of this Chapter shall be deposited in a separate account, entitled the "Art in Public Places Fund". The City Manager, or his/her designee shall establish accounting records sufficient to identify and control these funds. The amounts held in the Art in Public Places Fund shall otherwise be accounted for, deposited, invested and expensed as provided by law and the practices and policies of the City. The account containing these funds may be invested along with other moneys of the City and the investment earnings thereon shall be used for and be subject to the same restrictions established in subsection (B). B. Use of Fund. Expenditures of the Fees collected in the Art in Public Places Fund may include the following: 1. The cost of Art Work and its installation. 2. The cost of purchase or lease of Art Sites. 3. Water works, landscaping, lighting and other objects which are an integral part of the Art Work. 4. Frames, mats, pedestals, and other objects necessary for the proper presentation of the Art Work. 5. Walls, pools, landscaping, or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the Art Work. 6. Expenditures for maintenance and repair of Art Work. 7. Administrative expenses to otherwise implement any provision of this Chapter, however, in no event shall said administrative expenses exceed 5% of the total funds in the account on July 1 of any year nor $25,000 in any fiscal year. C. Endowments. The Art in Public Places Fund shall also be used as a depository for endowments, bequests, grants or donations. Such sums may be expensed as set forth in subsection (B) of this section and for art exhibitions or displays as approved by the City Council. D. Replacement. For those Art Works that have been purchased with monies from the Art in Public Places Fund or donated to the City, the City may determine to sell or exchange existing Art Works for replacement Art Works. Any funds obtained from -the sale of Art Work shall be credited to the Art in Public Places Fund. Art Work owned privately and on display by In -Lieu Agreement ;M ATTACHMENT 2 ART MAINTENANCE AGREEMENT THIS ART MAINTENANCE AGREEMENT (the "Agreement") is entered into this _ � day of /n , 2000, by and between THE CITY OF LA QUINTA, a California municipal corporation (de "City"), and Washington/Adams, Partnership (Developer). RECITALS A. The Developer has entered into an ART PURCHASE AGREEMENT with the City to provide an art piece on the northeast corner of Highway 111 and Washington Street, effective September 6, 1996 (Exhibit A). The ART PURCHASE AGREEMENT states in section 6.4 (a) that "the Developer shall maintain the Artwork in a manner that the City determines appropriate at its sole discretion". Article XIH of the ART PURCHASE AGREEMENT states that modifications of the terms of the Agreement shall valid when made in writing and signed by each party hereto and approved by appropriate action of the City. NOW, THEREFORE, the parties hereto, for the consideration and under the conditions hereinafter set forth, hereby mutually agree as follows: ARTICLE I. SCOPE OF SERVICES 1.1 Maintenance of the Artwork. The City shall be responsible for the lighting system contained within the artwork. All costs associated with the maintenance of the lighting system shall be bome by the City. The Developer agrees to provide all necessary information to the City regarding the supplier in which components of the lighting system may be purchased. All other related maintenance of the artwork shall remain the responsibility of the Developer, as stated in the ART PURCHASE AGREEMENT. The ART MAINTENANCE AGREEMENT shall run concurrent with the terms of the ART PURCHASE AGREEMENT. As stated in the ART PURCHASE AGREEMENT, Section 1.6. (b) Final Acceptance by the City of the ownership of the Artwork will occur at the completion of twenty-five years (25) or the year 2021. At that time the ownership and responsibility for the Artwork will rest with the City of La Quinta. ARTICLE II. NON-DISCRIMINATION In carrying out the performance of the services designated, the Developer, and the City shall not discriminate as to race, color, creed, religion, marital status, national origin or ancestry. ARTICLE III. ENTIRE AGREEMENT This Agreement, consisting of 4 pages plus exhibit A consisting of 18 pages embodies a supplemental agreement to the ART PURCHASE AGREEMENT, as an A:\Art Maintenance Agreement Short Version.wpd 1. 225 005 understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth hereinabove. ARTICLE IV. MODIFICATION No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of th e City. ARTICLE V. WAIVER No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. ARTICLE VI. GOVERNING LAW 6.1 This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 6.2 In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District Court in the district of California which includes Riverside County. 6.3 If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees, incurred by the prevailing party in connection with the legal action or proceeding. ARTICLE VII. HEIRS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the partiest, and their respective heirs, personal representatives, successors and permitted assigns. ARTICLE VIII. NOTICES All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent 226 A:\Art Maintenance Agreement Short Version.wpd 2 006 by registered or certified mail, returned receipt requested, postage prepaid, as follows: a. if to the City, to: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: Community Services Director b. if to the Developer, to: Mr. Michael Shovlin Washington/Adams, Partnership 71-084 Tamarisk Lane Rancho Mirage, CA 92270 ARTICLE IX. INDEMNITY With respect to acts, errors or omissions in the performance of Developer's obligations hereunder, Developer agrees to indemnify and hold harmless the City and its officers, agents, employees, and representatives from and against any and all claims, demands, defense costs, liability or consequential damage of any kind or nature arising out of Developer's (including its subcontractors, agents, employees, assigns or licensees) negligent and/or willful acts, errors or omissions in the performance of Developer's obligations under this Agreement. With respect to acts, errors or omissions in the performance of the City's obligations hereunder, the City agrees to indemnify and hold harmless Developer from and against any and all claims, demands, defense costs, .liability or consequential damages of any kind or nature arising out of the City's (including its contractors') negligent and/or wilful acts, errors or omissions in the performance of the City's obligations under this Agreement. The foregoing indemnities shall be in effect without regard. to the maintenance of insurance coverage for any such loss, costs, claims, damages or expenses. ARTICLE X. GENERAL 10.1 Any provisions of this Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision, hereof, and such remaining provisions shall remain in full force and effect. 10.2 Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should 2 2 the Developer fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by the City. 007 r IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. CITY: CITY OF LA QUINTA, a California munici orp ation By: - THOMAS P. GENOVESE, City Manager City of La Quinta, California ATTEST: JU K, City Clerk City of La Quinta, California APPROVED AS TO FORM: � / 0 V zsn-7(z,,f ,t ,-f- 6 DAWN HONEYWEL , City Attorney City of La Quinta, California DEVELOPER: WASHINGTON/ADAMS, Partnership By Its if- 008 AA A- U-int—nrp agreement Short Version.wvd EXHIBIT A ART PURCHASE AGREEMENT ATTACHED IN ITS ENTIRETY A:\Art Maintenance Agreement Short Version.wpd 229 999 ATTACHMENT 2 ORIGINAL ART PURCHASE AGREEMENT / t 3 THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this /Gto day of �, 1996, by and between THE CITY OF LA - QUINTA, a California municipal corporation (the "City"), and. WASHINGTON/ADAMS, L.L.C. ("Developer") and LOUIS DEMARTINO ("Artist"). A. The Developer is currently constructing the One Eleven La Quinta Shopping Center. To meet the requirement for artwork pursuant to Chapter 2.65 of the City Municipal Code, the Developer is commissioning the fabrication and installation of certain ARTWORK (the "Artwork") to be installed and displayed by the Developer at the SITE LOCATION which is within the One Eleven La Quinta Shopping Center located at the northeast corner of Highway 111 and Washington Street (the "Site Location"). NOW, THEREFORE, the parties hereto, for the consideration and under the conditions hereinafter set forth, hereby mutually agree as follows: ARTICLE I. SCOPE OF SERVICES 1.1 Scope of Design Services. Developer and/or Artist shall prepare or cause to be prepared, any required approvals for all shop drawings, details, and samples, and shall do all other things necessary and incidental to the performance of Developer's and/or Artist's obligations pursuant to this Agreement. 1.2 Scone of Fabrication Services. Artist shall fabricate, transport and install the Artwork pursuant to and by the times set forth in the Scope of Design Build Services and the Schedule of Performance .attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this reference. The City shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit to the Developer and the City monthly progress narratives, including photographs, as required by the Schedule of Performance (Exhibit B). The narratives shall include the percentage of the Artwork completed to date, along with an estimated completion date. Artist shall furnish all tools, equipment, apparatus, facilities, plant, labor, services, materials, and all utilities and transportation, including power, fuel, and water, and to perform all work necessary to construct, transport and install in a good and workmanlike manner the scope of work set forth in the Scope of Design Build Services (Exhibit A), or reasonably inferable therein, together with the appurtenances thereto, at the Site Location. It is understood and agreed that all said plant, labor, services, -materials, equipment, and facilities shall be furnished and said 2 3 0 work performed and completed by Artist as an independent contractor, subject to the inspection and approval of the City or its representatives. 0io 0 . 0 Art Purchase Agreement The Developer shall present to the City in writing for further review and approval any and all significant changes in the scope, design, color, size, material or texture, of the Artwork not permitted by or not in substantial conformity, with the approved working drawings and the Scope of Design Build Services (Exhibit A). A significant change is any change in the scope, design, color, size, material, texture, or Site Location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services (Exhibit A). Developer shall maintain proper facilities and provide safe access for inspection of the Artwork by the City, its engineer or representatives, and to the sites wherein the Artwork is located after installation. Artist shall maintain proper facilities and provide safe access for inspection of the Artwork by the City, its engineer or representatives, and to the sites wherein the Artwork is located prior to installation. Where specifications require work to be specially tested or approved, it shall not be tested without timely notice to the City, of its readiness for inspection and without the approval thereof, or consent -thereto by the City. The. Developer and/or Artist shall promptly notify the respective departments or official bodies when its work is ready for inspection and shall, at once, do all work required to remove any violations or to comply with such inspections, without additional charge to the City.- The Developer and Artist shall perform all work necessary to obtain approvals from the authorities mentioned above without additional cost to the City. 1.3 ange_ Orders. In addition to the change orders and extra work specified and provided for in the Scope of Design Build Services (Exhibit A), the City may at any time during the progress, of the completion and installation of the Artwork and up to the date of the issuance of a Notice of Completion as hereinafter defined, when in the City's reasonable determination the public interest and necessity so require, request any alterations, deviations, additions to or omissions from this Agreement, Scope of Design Build Services (Exhibit A), or the work, labor and materials to be furnished thereunder, and the same shall in no way affect or make void this Agreement. Developer and Artist shall adhere strictly to the Scope of Design Build Services (Exhibit A), unless a change therefrom is authorized in writing. In such case, the terms of said change shall be understood and agreed upon in writing by the City, Developer, and Artist before commencement of said revised work. MINE 176M 017711PRr a. The Developer and/or Artist shall notify the City in writing when fabrication of the Artwork is completed and ready for delivery and installation at the Site Location which is designated in Exhibit A and B, attached hereto and incorporated herein by reference. 231 011 b. Upon completion and at all times during fabrication and installation, the Artwork shall comply with all applicable statutes, ordinances and regulations of any governinental agency having jurisdiction over the Artwork. MEMO" rITM I.� a. The Artist shall be available at such reasonable time or -times as may be agreed between the City, Developer, and Artist ' to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork. b. The Developer shall use reasonable efforts to arrange for publicity for the completed Artwork by local media and publications, and otherwise as may be determined between the City; Developer, and Artist as soon as practicable following installation. C. Upon installation of the Artwork, the Artist shall provide the Developer and City with written instructions for appropriate maintenance and preservation of the Artwork, with which the Developer shall comply subject to Section 6.4 hereof. 1.6 Final AcceZ=- a. The Artist shall advise the Developer and the City in writing that the Artwork will become the responsibility of the Developer on the effective date of completion of the project and the acceptance as complete by the Developer and the City. Following receipt of such notice the City shall cause the installed Artwork to be inspected by suitably qualified and appropriate professional(s), and within five (5) days following completion of such inspection(s), the City shall either provide Developer with reasonably specific written objections to the installed Artwork or notify the Developer of its acceptance of the Artwork by a Notice of Completion in the form attached hereto as Exhibit D. Such Notice of Completion (Exhibit D) shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. b. Final Acceptance by the City of the ownership of the Artwork will occur at the completion of twenty-five years (25) or the year 2021. At that time the ownership and responsibility for the Artwork will rest with the City. 1.7 Risk of Loss. Upon final completion, the risk of loss or damage to the Artwork shall be borne by the Developer until- the City accepts the Artwork at the completion of twenty-five (25) years or the year 2021. The Artist shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the a Notice of Completion has been issued by the City. The Developer shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the a Notice of Acceptance has been made by the City 232 012 • 0 Art Purchase Agreement 1.8 TitLc. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall remain with the Developer and shall pass and vest with the City upon issuance of Final Acceptance or Termination pursuant to Article IX hereof. ARTICLE H. TIME OF PERFORMANCE 2.1 Time. Developer and Artist do agree to punctually and diligently perform all their obligations under this Agreement. It is further understood and agreed that should Developer and/or Artist fail to furnish the labor, materials, equipment, and or services, to perform all work and labor at the site only, as herein provided in the manner herein set forth in good and workmanlike manner, it shall, in addition to any other penalties provided in the Agreement, be liable to the City for all losses or damages that either may suffer on account thereof. In the event Artist at the time refuses or neglects to supply a sufficient number of properly skilled workers or a sufficient quantity of materials of proper quality, or in effect be adjudicated bankrupt, or files a voluntary petition in bankruptcy, or commits. any act of insolvency, or makes an assignment, for benefit or creditors, without the City's and Developer's consent, or fails to make prompt payment to his materialmen and laborers, or fails in any respect to properly and diligently prosecute the work covered by this Agreement, or otherwise fails to perform fully any and all of the Covenants and obligations herein contained; then the City and Developer may, at their option, after giving twenty-four (24) hours written notice to Artist and Developer, provide any such labor and materials as may be necessary and deduct the cost thereof from any money then due or thereafter to become due to Artist under this Agreement; or the City and Developer may at their option, terminate the Artist's right to proceed with the work and, in that event, the City and Developer shall have the right to enter upon the Artist's warehouse and take possession, for the purpose of completing the work included under this Agreement, of the Artwork or any portion thereof, and all materials, tools, and appliances thereon, and may employ any other person or persons to finish the work and ' provide the materials therefor. In the case of such discontinuance of Artist's right to proceed with the work, Artist shall not be entitled to receive any further payment under this Agreement until the work undertaken by the City and/or Developer is completely finished. At that time, if the unpaid balance of the amount to be paid under this Agreement exceeds the expenses incurred by the City and/or the Developer in finishing Artist's work, such excess shall. be paid by the City and/or Developer to the Artist, but if such expense shall exceed such unpaid balance, then Artist shall promptly pay to the City and/or Developer the amount by which such expense shall exceed such unpaid balance. The expense incurred by the City and/or Developer as herein provided, either for furnishing materials or for finishing the work, and any damages incurred by the City and/or Developer by reason of Artist's default, shall be chargeable to, and paid by Artist, and the City and/or Developer shall have a lien upon all materials, tools, and appliances, taken possession of, as aforesaid, to secure the payment FORM.CON 233 613 Art Pumhax agreement thereof. If the City and/or Developer elects not to terminate Artist's right to proceed, .Artist agrees to reimburse the City and/or Developer for losses or damages resulting from the delay in speedy progress of work. If Artist should neglect to prosecute the work properly or fail to perform any provisions of this Agreement, the City and/or Developer, after three (3) days' written notice to Artist, may without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due Artist; provided, however, that the City and/or Developer shall approve such action and certify the amount thereof to be charged to Artist. ARTICLE III. WARRANTIES 3.1 Title• The Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City and Developer, the Artwork is unique and original and does not infringe upon any copyright; (c) the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Artwork is free and clear of any and all encumbrances and/or monetary liens. 3.2 Quality and Condition. The Artist represents and warrants, except as otherwise disclosed to the City and Developer in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects consisting of "inherent vice" or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted, by the Artist to the City and Developer hereunder. The warranties described in this Section 3.2 shall survive for a period of one (1) year after the Notice of Completion, except the representation and warranty - concerning latent defects shall survive for a period of three (3) years from after Acceptance of the Artwork by the City and Developer. The City and/or Developer shall give notice to the Artist of any observed and claimed breach with reasonable promptness. The Artist shall, at the request of the City or Developer; and at no cost to the City or Developer, cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork). ARTICLE IV. - PERFORMANCE BONDS The Artist shall not be required by the City to post any performance bonds or similar undertakings, and any requirement of any other authority for performance bonds shall be the responsibility of the City. Nevertheless, Artist shall prevent any lien from attaching to the Artwork or development of.the site by any person claiming under Artist. 234 14 Art Purchase Agreement is ARTICLE V. REPRODUCTION RIGHTS 5.1 General. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et.seg., and all other rights in and to the Artwork except ownership and possession, except as such rights are limited by this Agreement. In view of the intention that the Artwork in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, dimensional reproductions of the final artwork, nor shall the Artist grant permission to others to do so except with the written permission of the City and Developer and at such time as Final Acceptance by the City at which time the City alone may approve. The Artist grants to the City, Developer, and its assigns an irrevocable license to make two-dimensional reproductions of the Artwork for noncommercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications, provided that these rights are exercised in a tasteful and professional manner. 5.2 Notice. All reproductions by the City and Developer shall contain a credit to the Artist and denote its location, provided that the Artwork is protected by United States copyright law and reasonable substantiation thereof is provided to the City. 5.3 Credit to WASHINGTON/ADAMS. L..L..C.. The Artist shall use its reasonable efforts to give a credit reading substantially, "an original work owned by the WASHINGTON/ADAMS, L.L.C." in any public showing under the Artist's control of reproduction of the Artwork. 5.4 Registration. The Artist may at its expense cause to be registered, with the United States Register of Copyrights, a copyright in the Artwork in the Artist's name: ARTICLE VI. ARTIST'S RIGHTS 6.1 Identification. The Developer shall, at its expense, prepare and install at the Site, pursuant to the written instructions and subsequent approval of the Artist, a plaque identifying the Artist, the title of the Artwork and the year of completion, and shall reasonably maintain such notice in good repair against the ravages of time, vandalism and the elements. 6.2 Maintenance. The parties recognize that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. MENUMMMM11 a. The City shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. To the extent practical, the Artist, during the Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that the City, Developer, and the Artist mutually agree in writing 35 prior to the commencement of any significant repairs or restorations, upon the Artist's fee for suc services. No fees shall be paid to Artist for repair or restoration due to a breach of the representations and warranties set forth herein. 5 Art PAuchm A9==D1 b. All repairs and restorations shall be made in accordance with recognized principles of conservation. ,. � 13 Eli 1 GIF1 15TW1 10 : Mir -We Me G7:a%.e 'a. The Developer shall maintain the Artwork in a manner that the City determines appropriate in its sole discretion. b. The City and Developer shall use its reasonable efforts to meet and consult with Artist prior to the time of making any alteration. If any alteration is made without the consent of Artist, Artist shall have the right to direct the City and Developer to remove Artist's name from the Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with Section 987 of the California Civil Code and the rights and protection afforded Artist thereunder, and Artist hereby waives each and all of Artist's rights and protection under Section 987 of the California Civil Code to the extent such rights and protection are - inconsistent with this Section 6.4; provided, however, that to the extent that the rights and protection afforded Artist under Section 987 of the California Civil Code are not inconsistent with this Section 6.4 or pertain to matters that are not dealt with in this Section 6.4, Artist shall retain such rights and protection. 6.5 Permanent Record. The City shall maintain a record of this Agreement and of the location and disposition of the Artwork. 6.6 Artist's Address. The Artist and Developer shall notify the City of changes in their address. The City shall take reasonable effort(s) to locate the Artist when matters arise relating to the Artist's rights under this Agreement. 6.7 Surviving Coyenants. The covenants and obligations set forth in this Article VI shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors. in interest, and the City's covenants do attach and run with the Artwork and shall be binding- to and until twenty (20) years after the death of the Artist unless otherwise stated herein. • Upon the death of the Artist, the representative of Artist's estate .shall assume the surviving covenants and ,obligations of Artist set forth in this Article VI. ARTICLE VII. ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and not as an agent, joint venturer, partner or an employee of the City or the Developer. The Artist shall not: a. be supervised by any employee or official of the City or the Developer; b. exercise supervision over any employee or official of the City or the 2 3 6 Developer; 018 • An Purchase Agreement C. have authority to contract for or bind the City or the Developer in any manner; or represent itself as an agent of the City or the Developer; or otherwise be authorized to act for or on behalf of the City or the Developer; d. have status as the City's or Developer's employees or have any right to any benefits that the City or Developer grants to its employees. ARTICLE VIII. ASSIGNMENT OR TRANSFER No party shall- assign or transfer an interest in this Agreement without the prior' written consent of the other parties, provided, however, that claims for money due or to become due from the City or the Developer under this Agreement may be assigned to a financial institution without approval. ARTICLE IX. TERMINATION The City and. the Developer may, by written notice to the Artist, terminate this Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in accordance with the terms hereof or any other breach by Artist of the terms of this Agreement, when such failure or breach continues uncured for fifteen (15) days following notice thereof from the City or Developer to Artist ("Termination for Default"), or (b) at any other time in the sole and absolute discretion of the City and Developer ("Discretionary Termination"). Termination for Default and Discretionary Termination are sometimes hereinafter collectively referred to as "Termination". Upon Termination, except as provided in this Article EX, all parties shall be released from all further obligations and liability hereunder. Effective upon a Termination, the Artwork, or as much thereof that has then been completed, shall be transferred to and shall belong to the Developer. In such event and upon. Artist's written request, the Developer shall remove Artist's name from the Artwork. Upon a Termination for Default, the Artist shall be entitled only to that portion of the total compensation due Artist that is then payable pursuant to the Schedule of Compensation (Exhibit C); upon a Discretionary Termination, Artist shall be entitled to the W Artist Fees provided for in Exhibit C hereto and that portion of the costs and expenses of Design, Fabrication and Installation of Artwork provided for in Exhibit C hereto that is then payable pursuant to the Schedule of Compensation (Exhibit C), plus all other costs reasonably incurred by Artist following the last payment pursuant to the Schedule of Compensation (Exhibit C), prior to the date of the Discretionary Termination, provided that Artist shall be required to provide the Developer with reasonable substantiation for such costs. Notwithstanding anything -else herein contained, Artist shall not be relieved of liability to the Developer and/or City for damages sustained by the Developer and/or City by virtue of any breach of this Agreement by the Artist, and the Developer may reasonably withhold payments to the Artist until such time as the exact amount of such damages is determined. In the event of a termination, Developer is not released of the responsibility for providing the completion of the Artwork for the Site and shall either have this Artwork completed or shall provide. a replacement Artwork approved by the City. FORM.CON 8 lJ 1 Art Purchase Agreement ARTICLE X. CONTRACTOR ADMINISTRATOR The Contract Administrator for this Agreement shall be the City Community Development Director. Wherever this Agreement requires any notice to be. given to or by the City, or any determination or action to be made by the City, the City Community Development Director shall represent and act for the City. ARTICLE XI. NON-DISCRU41NATION In carrying out the performance of the services designated, the Developer, Artist and the City shall not discriminate as to race, color, creed, religion, marital status, national origin or ancestry, and the Artist shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended. ARTICLE XII. ENTIRE AGREEMENT This Agreement, consisting of thirteen pages and four exhibits, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth hereinabove. ARTICLE XIII. MODIFICATION No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. ARTICLE XIV. WAIVER No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. ARTICLE XV. GOVERNING LAW 15.1 This Agreement, regardless of where executed or performed, small be governed by and construed in accordance with the laws of the State of California. 15.2 In addition to any other rights or remedies and subject to the restrictions otherwise . set forth in this Agreement, either party may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in 238 equity, consistent with the purpose of this Agreement. Such legal actions must be. instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, U 18 '- .L_ ��a•.�1 rN nict Court in the district of California which includes Riverside County. Art Purchase Agreement 15.3 If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees, incurred by the prevailing party in connection with the legal action or proceeding. ARTICLE XVI. HEIRS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the City, Developer, and Artist, and their respective heirs, personal representatives, successors and permitted assigns. ARTICLE XVII. NOTICES All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, returned receipt requested, postage prepaid, as follows: a. if to the City, to: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: Community Development Director b. if to the Developer, to: Mr. Michael Shovlin Washington/Adams, L.L.C. 71-084 Tamarisk Lane Rancho Mirage, CA 92270 C. if to the Artist, to: Mr. Louis DeMartino P. 0. Box 391370 Anza, CA 92539 ARTICLE XVIII. INDENWITY With respect to acts, errors or omissions in the performance of Developer and Artist's obligations hereunder, Developer and Artist agrees to indemnify and hold harmless the Cityand its officers, agents, employees, and representatives from and against any and all claims, demands, defense costs, liability or consequential damage of any kind or nature arising out of 239 Developer's and Artist's (including its subcontractors, agents, employees, assigns or licensees) negligent and/or willful acts, errors or omissions in the performance of Developer and Artist's ("1 19 obligations under this Agreement. Art Pumbm Agmemwul With respect to acts, errors or omissions in the performance of the City's obligations hereunder, the City agrees to indemnify and hold harmless Developer and Artist from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising out of the City's (including its contractors') negligent and/or wilful acts, errors or omissions in the performance of the City's obligations under this Agreement. The foregoing indemnities shall be in effect without regard to the maintenance of insurance coverage for any such loss, costs, claims, damages or expenses. ARTICLE M. INSURANCE 19.1 . P41icies. Throughout fabrication of the Artwork the Developer shall insure that the Artist maintains Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability (employee and contractual exclusions deleted), Products/Completed Operations Liability, Broad -Form Property Damage -and Independent Contractors' ($1,000,000) per occurrence, combined single limit, written on an occurrence form, and such other forms and amounts of insurance as the City may deem necessary or desirable. All required insurance shall be evidenced by an insurance policy or policies (or the renewal or replacement thereof) reasonably acceptable to the City. Developer and Artist shall not proceed with any work nor receive payment under this Agreement until, among other things, the City has received the appropriate insurance certificates. Developer and/or Artist, prior to completion, shall maintain or cause to be maintained standard all-risk property insurance in an amount equal to or greater than the full replacement value of the Artwork. The Artist's General Liability policy required by this Agreement shall contain the following clauses: "The City of La Quinta and its officers, agents, employees, representatives, and volunteers. along with Developer are added as additional insureds as respective operations and activities of, or on behalf of the named insured, performed under contract with4he City of La Quinta." Prior to commencing any work under this Agreement, Developer and Artist shall deliver to the City insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clause referenced above. Also, within thirty (30) days of the execution date of this Agreement, Artist shall ' provide to the City an endorsement to the General Liability policy, which adds to this policy the. applicable clause referenced above. Said 240 endorsement shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it bt deemed necessary by the City, it shall be Developer's and Artist's responsibility to see that the City receives documentation ,� acceptable to the City which sustains that the individual signing said endorsement is indeed 020 0 Art Purchase Agreement authorized to do so by the insurance company. Also, the City has the right to demand, and to receive within a reasonable time period, copies of any insurance policy required under this Agreement. In addition to any other remedies the City may have if Developer and/or Artist fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: a. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to other remedies the City may have, and is not, the exclusive remedy for Artist's failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Developer and Artist may be held responsible for payments of damages to persons or property resulting from. Developer's and Artist's, or its respective agents' contractors' or subcontractors', performance of the work covered under this Agreement. ARTICLE XX. GENERAL 20.1 . Any provisions of this Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 20.2 Whenever in the specifications any materials or process is indicated or specified by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL", and Artist may offer any material or process which shall be equal in every respect to that so indicated or specified. 20.3 Developer nor Artist shall offer any. substitute in said proposal or if a substitute so offered by Developer or Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one shall be required by the City. 20.4 Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should the Developer or Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by the City. 241 021 19 0 Art Purchase Agreement 20.5 The City shall give any subsequent owner of the Artwork written notice of the covenants .contained herein, and shall cause each such successive owner to be bound thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. CITY: CITY OF LA QUINTA, a California municipa rporation By. Q THOMAS P. GENOVESE, City Manager City of La Quinta, California ZAUPIUKA L..rvnvL.ti, I.lty l.lerx City of La Quinta, California Art Purchase Agreement EX Mff A SCOPE OF DESIGN BUM.BUMD SERVICES 1. Developer and/or Artist shall furnish all labor, engineering, material, tools, equipment, etc., required to design, -fabricate and install the Artwork in accordance with the quality level and intent of the concept. drawings -as previously prepared by Artist and approved by the City, along with all governing agency requirements and code criteria. 2. Developer and Artist are responsible for submitting all required documents relating to the Artwork design to appropriate government agencies so that building plan check and all required permits may be obtained in a timely manner. 3. Developer and/or Artist shall immediately notify the City in writing of any cost impact or schedule impact whether increase or decrease, resulting from any modifications to the design. Any redesign fees or any other costs incurred by the City due to Developer's and/or Artist's negligence or failure to keep the City informed of scope variances in a timely manner shall be charged equally to Developer and Artist. 4. Developer and Artist shall complete the design in sufficient scale and detail as required by the City and governmental authorities for approval. The design documents shall bear the stamp of a professional Mechanical, Structural and/or Electrical Engineer(s) licensed in the State of California. 5. Artist's design and specifications shall be subject to approval by the City and its consultants. HINNIEFF011 Y u P902 1► • ► As a further clarification to the plans and specifications, the work shall include but not necessarily be. limited to the following: 1. Artist shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to the City prior to installing any material. The installation of any material constitutes the Artist's complete acceptance of all substrates as compatible with the work under this Agreement. 2. Any work not provided for in this Agreement must be authorized by the City and Developer prior to the installation of such work. 3. Artist is responsible for all repairs or replacement of any existing property or work 4 3 which is damaged as a result of the performance of the work under this Agreement. 023 Arc Au bm AgrWMM 4. Artist shall provide all unloading, hoisting, scaffolding, -and. bracing for the Artwork. 5. Artist shall provide all drilling, coring, cutting, fastening, and welding required for the Artwork. 6. Artist shall supply all specialty lighting required to complete the Artwork. 7. Developer shall supply all landscaping required to complete the Artwork. HI, gpEC C ITEMS OF INCLUSIOZI 1. One Eleven La Quinta Landmark: The mountains will be depicted by pyramidal, bronze peaks, supported by a base of pigmented concrete in a color evoking the desert floor. To draw one's attention at night, light would emanate from a small, clear, poly carbonate gem embedded* in the mountains, softly spilling a refracted glow onto the reflective surfaces of the slopes. The bottom perimeter of the mountains (the concrete base) would be downlighted to create a weightless floating effect. 2, The bronze peaks and the pigmented concrete would be 30-feet by 12-feet by 18 -feet. 3. The entire Artwork -is to be permanently bolted to the boulders and sufficient security measures insured by the Artist. 244 024 Art Purchase Agreement EXHIBIT B SCHEDULE OF PERFORMANCE SCHEDULING: The project will take approximately six months to complete the fabrication of the Artwork. Work will commence during the month of September, 1996, and completed and installed by February, 1997. REVIEWS: There may be one review by the An in Public Places Commission of the work in progress, if the Commission deems it necessary, to be conducted prior to the installation of art feature. Determination of whether the review will take place will be made by the Chairman of the Art in Public Places Commission. 25 45 Art PumbM AgrremtM EXHIBIT C SCHEDULE OF COMMMATION PRICE: Basic Contract: $95,000 Total Not to Exceed . $95,000 SCHEMJI -- - OF PAYMENTS: Washington Street/Higbway 111 Sculpture $81,000 Cinema Complex Sculpture $14.000 $95,000 Note: Any fee waivers granted the Developer both in past and. future will be deducted from the Not to Exceed amount of $95,000. 246 Q-2s Art Purchase Agreement 11 .13 V 81 Piece of Artwork: WHEREAS, by that certain Art Purchase Agreement dated , 1996 ("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation (the "City") contracted with WASHINGTON/ADAMS, L.L.C. to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, the City shall furnish Developer and Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusivedetermination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NO*, THEREFORE, the parties hereto certify as follows: 1. As provided in the Agreement, the City does hereby certify that the fabrication and installation of the Artwork has been fully performed and completed. Any executory obligations pursuant to the Agreement, which are hereby incorporated herein by reference, shall remain enforceable according to their terms. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. IN WITNESS WHEREOF, the Agency has executed this certificate this day of , 1996. CITY OF LA QUINTA, a California municipal corporation by: 027247 ATTACHMENT 3 AGREEMENT THIS CONTRACT, by.and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and BRUCE KRIBBS CONSTRUCTION, herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, equipment, transportation and services for Inspection of the Lighting System on the Art Piece on the northeast Corner of Washington Street and Highway 111 for Fiscal Year 2000/2001. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer and/or Community Services Director. 4. Contractor shall inspect the lighting system as contained in the art piece located on the northeast comer of Washington Street and Highway 111 twice monthly and perform repairs as needed to the lighting system. Contractor will contact the Community Services Director should the repairs require an expenditure of over One Hundred Dollars ($100.00). Repairs under the established limit will be completed and the City of La Quinta Community Services Department invoiced for time and materials. 5. In consideration of said work, City agrees to pay Contractor Four Hundred and Eighty Dollars ($480.00) per year. All payments shall be subject to approval by the Community Services Director and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). 7. Concurrently with the execution of this Contract, Contractor shall fumish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. 8. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgements and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). 248 9. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall fumish evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this contract. 12. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 19. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and 2 4 9 00. overhead. 20. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: Katherine Jenson, City Attorney Dated: 9-/ I - &0 Dated: CITY OF LA QUINTA, a California municipal corporation By: John J. Peria, Mayor Dated: Dated: "CONTRACTOR" iiI., Irk Name: Bruce Kribbs Title: Owner By: Name: Title: "CONTRACTOR" (If corporation, affix seal) 250 0.10 I COUNCIL/RDA MEETING DATE: September 19, 2000 ITEM TITLE: Approval of a Joint Maintenance Agreement for the Washington Street Median from the Whitewater Channel to Fred Waring Drive AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: /3 Approve a joint Maintenance Agreement between the City of La Quinta and the City of Indian Wells for the operation and maintenance of the raised median landscaping, lighting, and irrigation on Washington Street, from the Whitewater River Channel to Fred Waring Drive. The total cost for the landscape maintenance, water, electric bills, and administrative costs is approximately $8,800 per year. This cost estimate is based on a projection of the cost for median landscape maintenance per square foot presently being completed under the citywide maintenance contract with Lundeen Pacific. The projected cost for the water and electric utility bills are based on past billings for landscape medians of similar size within the City of La Quinta. Fifty percent of this median is within the sphere of influence of Indian Wells. Fifty percent is within the City of La Quinta. As part of the agreement, Indian Wells will also pay a 10% administrative cost for their portion of the median maintenance. Therefore, Indian Wells will pay approximately $4,400 to the City of La Quinta for their portion of the median maintenance and operation. The City of La Quinta's portion, including administrative costs, is also approximately $4,400 per year. Sufficient funding is available within the Public Works Landscape Maintenance budget under Contract Service (Account No. 101-454-609-000). The existing contract with Lundeen Pacific is funded by Assessment District 89-1 (Landscape and Lighting Assessment District) and the General Fund. Prevailing wages were not utilized in bidding the citywide landscape maintenance contract. A Change Order will be issued to Lundeen Pacific for the maintenance and operation of the median. Therefore, a cost savings may have been realized through the original bid of the citywide landscape maintenance contract. 251. T:\PWDEPT\COUNCIL\2000\000919b.wpd On September 7, 1999, the City Council approved a joint participation agreement between the County of Riverside and the cities of La Quinta, Indian Wells, and Palm Desert for the design, project development, right-of-way acquisition and construction of the ultimate improvements of Washington Street from the Whitewater River Channel to Country Club Drive. During the design process, all of the agencies agreed to utilize the City of La Quinta's landscape pallet for the medians from Country Club Drive to the Whitewater River Channel. This included the City's plant pallet, bands of rock, stamped concrete median noses, and median mounding in areas where the median exceeds 8' in width. Median lights have been installed from Fred Waring Drive to Miles Avenue. The County of Riverside and the City of Palm Desert did not wish to participate in the maintenance and operation for median lights from Fred Waring Drive to Country Club Drive. Therefore, no median lights were installed in this area. The project has now been deemed complete; however, agreements are required for the maintenance and operation of median landscape and lighting. The median from the Whitewater River Channel to Fred Waring Drive is within the jurisdictions of La Quinta and Indian Wells. Attachment 1 is an agreement between those cities for the maintenance and operation of the Washington Street medians from the Whitewater River Channel to Fred Waring Drive. Fifty percent of all costs are the responsibility of Indian Wells and fifty percent are the responsibility of La Quinta. The City Attorneys and City staff from both cities have reviewed the agreement and have found the language acceptable. The agreement for Washington Street from Country Club Drive to Fred Waring Drive will be brought forward for City Council consideration in October or November 2000. The alternatives available to the City Council include: 1. Approve a joint Maintenance Agreement between the City of La Quinta and the City of Indian Wells for the operation and maintenance of the raised median landscaping lighting and irrigation on Washington Street from the Whitewater River Channel to Fred Waring Drive; or 2. Do not approve a joint Maintenance Agreement between the City of La Quinta and the City of Indian Wells for the operation and maintenance of the raised median landscaping lighting and irrigation on Washington Street from the Whitewater River Channel to Fred Waring Drive; or 3. Provide staff with alternative direction. 25? 002 T:\PWDEPT\COUNCIL\2000\000919b.wpd Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Maintenance and Operation Agreement 253 003 T:\PWDEPT\COUNCIL\2000\000919b.wpd AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE CITY OF INDIAN WELLS FOR OPERATION AND MAINTENANCE OF RAISED MEDIAN LANDSCAPING, LIGHTING, AND IRRIGATION THIS AGREEMENT is entered into as of this day of , 2000, by and between the City of La Quinta, a municipal corporation ("La Quinta"), and the City of Indian Wells, a municipal corporation ("Indian Wells"). RECITALS WHEREAS, Washington Street from Fred Waring Drive to the Whitewater Channel is a six lane major arterial with a raised, lighted, landscaped median; and WHEREAS, the boundary lines between Indian Wells and La Quinta is the centerline of Washington Street; and WHEREAS, 50% of the raised, lighted, landscaped median is within the jurisdiction of Indian Wells (the west side) and 50% of the raised, lighted, landscaped median is within the jurisdiction of La Quinta (the east side); and WHEREAS, the landscaped median is a necessitated means for traffic control; and WHEREAS, the landscaping and lighting of the median provides an entrance statement and raises the value of the land in both Indian Wells and La Quinta due to its esthetic values; and WHEREAS, the raised median includes publicly financed landscape, irrigation, and lighting improvements; and WHEREAS, said median landscape improvements will require regular operation and maintenance; and WHEREAS, La Quinta has the capability to provide for operation and maintenance of said median landscape and lighting improvements; and WHEREAS, La Quinta and Indian Wells desire to jointly finance the cost of operating and maintaining said median landscape improvements. NOW THEREFORE, the parties mutually agree as follows: 1. Adoption of Recitals. The foregoing recitals are true and correct. 2. Location. The median landscape and lighting improvements to be operated and maintained under the terms of this agreement are located on raised medians situated generally along the centerline of Washington Street from the intersection of Fred Waring Drive, thence south to the bridge spanning over the Whitewater River Channel as shown on Exhibit A, which is incorporated herein by this reference. 254 119/015610-0002 005 99377.02 PM00 3. Operation and Maintenance. a. La Quinta will provide all necessary utilities (including but not limited to, water and electricity), materials, tools, equipment, and labor to operate and maintain said median and landscape and lighting improvements in the location specified in paragraph 2. b. Except as hereinafter provided, Indian Wells shall reimburse La Quinta for 50% of all costs and expenses incurred by La Quinta for the operation and maintenance of said median landscape and lighting improvements pursuant to and in accordance with terms of this agreement. A ten percent (10%) administrative charge, based upon Indian Wells' 50% share, shall be added to the reimbursement cost. C. When the immediate repair or replacement of any of the median landscape and/or lighting improvements in the location specified in paragraph 2 is necessary to ensure the public safety and welfare, such circumstances will be deemed an operational emergency. In the event of such an operational emergency, if La Quinta fails to initiate the repair or replacement within 24 hours of being notified of the operational emergency by Indian Wells, or if La Quinta fails to diligently complete such repairs in a timely manner, Indian Wells may direct its forces to perform such work as necessary to correct the operational emergency in order to immediately place the facility back in operational condition. If such emergency repairs or replacement is implemented, Indian Wells may deduct 50% of its expenses incurred for the emergency repairs or replacements from its share of all costs incurred by La Quinta for the operation and maintenance of said median landscape and lighting improvements. 4. Submission of Bills for Operation and Maintenance. La Quinta will submit reimbursement bills to Indian Wells quarterly or in such other periodic sequence as may be agreed to in advance by the Finance Directors of La Quinta and Indian Wells. Bills must be submitted within thirty (30) days following the close of the corresponding billing period and shall be paid by Indian Wells within fourteen (14) calendar days. La Quinta shall maintain on the generally accepted accounting basis, complete and accurate records that support all billings. These records shall be made available to Indian Wells at reasonable times for review and shall be retained for a period of three (3) years after payment of said billings. 5. Notices. Any and all notice, reimbursement bills, and payments sent or required to be sent to the parties to this agreement will be mailed to the following addresses: City of Indian Wells Attn: Tim Wassil 44-950 Eldorado Drive Indian Wells, CA 92210 City of La Quinta Attn: Chris Vogt 78-495 Calle Tampico La Quinta, CA 92253 6. Legal Relations and Responsibilities. Nothing in this agreement is intended to create duties or obligations to or rights in third parties. 255 119/015610-0002 ry 99377.02 PM00 -2- 006 7. Indemnification. Each party (the indemnitor) hereto shall indemnify, defend and hold the other party and its officers, agents, servants and employees (the indemnities) harmless from any liabilities, claims, demands, debts, suits, actions and causes of actions, including but not limited to, property damage, personal injury or wrongful death, arising out of or in any manner connected with the indemnitor's respective property interests in the raised medians. 8. Termination. This agreement may be terminated upon the written agreement of all parties, or upon thirty (30) days written notice by either party to the other party. IN WITNESS WHEREOF, the parties have caused this agreement to be signed as of the date first written above. John J. Pena, Mayor City of La Quinta ATTEST: June S. Greek, City Clerk City of La Quinta APPROVED AS TO FORM: Percy Byrd, Mayor Indian Wells ATTEST: City of Indian Wells APPROVED AS TO FORM: M. Katherine Jenson, City Attorney John Cook, City Attorney City of La Quinta City of Indian Wells 256 993 0.02 PM002 -3- 007 Fred Waring Drive 4— O Miles Avenue '5 7 �a:}8 T4'yl 4 4 0" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 19, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Adoption of a Resolution Approving a Recreational Trails Program Grant PUBLIC HEARING: Application for an Interpretive Sign Program for Cove Area Trails RECOMMENDATION: Adopt a Resolution of the City Council approving a Recreational Trails Program grant application for an "Interpretive Sign Program for Cove Area Trails." FISCAL IMPLICATIONS: If approved, this grant would fund the installation of seven informational trail signs along the Bear Creek Bike Path and at the south end of the Cove. The total estimated project cost is $51,985. The City of La Quinta would be required to provide a 20% match, or $10,397. Funds for the City's required match would be made available from the unallocated Quimby Fund reserves (Account #220-000- 300-290). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The State of California Resources Agency, through the Department of Parks and Recreation, has made several grant programs available to help local agencies fund conservation and trails projects. One of these programs involves the Recreational Trails Program, which will make available approximately $3.2 million for California projects. An estimated $2.2 million will be available for non -motorized trails projects and $1 million for motorized trails projects. City staff has prepared a Recreational Trails Program grant application for the installation of seven informational signs to be located along the Bear Creek Bike Path and at the south end of the Cove. The proposed signs are intended to provide 258 trail users with an array of information as well as directions to the various available trails. The first sign would be placed at the beginning of the Bear Creek Bike Path to identify the start of the trail. The next four signs would be interpretive signs placed at each of the four rest stops. These interpretive signs would offer valuable facts pertaining to the history of the City, the landscape themes, wildlife and habitat information, and fun facts on various points of interest in and around the area. The sixth sign would be located south of the Cove Oasis Trailhead, and would serve as a directional sign with arrows pointing to several of the nearby trails. The seventh sign would be placed in the parking lot just south of the Cove (that will be paved in conjunction with the Oasis Trailhead improvements) and would consist of a map of the area providing options for hiking and bike riding. The grant application is included in draft form as Attachment 1. Although the application is essentially complete, minor modifications will be made prior to its submittal (e.g., inclusion of maps and photos). Applications are due to the Department of Parks and Recreation on October 1, 2000 and must include an authorizing Resolution by the City Council. One has been prepared and is attached to this staff report. Awards will be announced at the end of January 2001. In an effort to demonstrate project readiness, the application commits the City to a six- month construction period if awarded the grant (completion date of August 2001). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving a Recreational Trails Program grant application for an "Interpretive Sign Program for Cove Area Trails"; or 2. Do not adopt a Resolution of the City Council approving the grant application; or 3. Provide staff with alternative direction. Respectfully submitted, aria Casillas, anagemen Analyst 259 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Recreational Trails Program Grant Application 260 003 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE INTERPRETIVE SIGN PROGRAM FOR COVE AREA TRAILS APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM WHEREAS, the Transportation Equity Act for the 21 st Century provides funds to the State of California for grants to state, local and non-profit organizations to acquire, develop and/or maintain motorized and non -motorized trail purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing project application under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the City of La Quinta to certify by resolution the approval of the Interpretive Sign Program for Cova Area Trails application before submission of said application to the State; and WHEREAS, the City of La Quinta will enter into an agreement with the State of California to complete the project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. Approves the filing of the Interpretive Sign Program for Cove Area Trails application for the Recreational Trails Program; and 2. Certifies that said applicant has or will have available prior to commencement of any work on the project included in this application, sufficient funds to operate and maintain the project; and 3. Appoints the City Manager, or his designee, as agent of the City of La Quinta to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. 261 004 Resolution No. 2000- (enter project name) Adopted: (enter meeting date) Page _ PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19 day of September, 2000, by the following vote to wit: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None JOHN J. PEIVA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California 262 005 uLui State of California DEPARTMENT OF PARKS AND RECREATION RECREATIONAL TRAILS PROGRAM APPLICATION This Form and Required Attachments Must Be Submitted for Each Project Site PROGRAM TYPE: Check Appropriate Boxes y_Non-Motorized. _Motorized PROJECT NAME Interpretive Sign Program for Cove Area Trails APPLICANT Agency and address, include zip code City of La Quinta P.O. Sox 1504 La Quinta, CA 92253 COUNTY OF APPLICANT Riverside Person with day -today responsibility APPLICANT TYPE ATTACHMENT 1 Municipal _State --Non-Profit AMOUNT OF GRANT REQUESTED $ 41,588 ESTIMATED TOTAL PROJECT COST (State Grant and other funds) $ 51,985 ESTIMATED DATE OF COMPLETION August 2001 COUNTY OF PROJECT Riverside PROJECT ADDRESS N/A CROSS STREET SENATE DISTRICT NO 37th NEAREST CITY La Quinta CONGRESSIONAL DISTRICT ASSEMBLY DISTRICT NO. 80th Maria C'aGillas Management Analyst (760) 777-7086 NAME TITLE PHONE Description of Project (include types of facilities) Development and installation of seven trail -related signs: * One entrance sign * Four informational signs (e.g. landscape, wildlife, history, culture) For Development Projects Land Tenure -Project is acres * One directional sign * One trails map (See attached "Project Description") X_Public Land _Private Land _Acres owned in fee simple by Grant Applicant Acres available under a year lease Acres other interest (explain) I certify that the information contained in this project application form, including required attachments, is accurate. Grant Applicants Authorized Representative as shown in Resolution CALIFORNIA STATE PARKS — LOCAL ASSISTANCE SECTION Date 263 PAGE 12 007 CITY OF LA QUINTA INTERPRETIVE SIGN PROGRAM FOR COVE AREA TRAILS Project Description The proposed Interpretive Sign Program for the Cove Area Trails will build on a long history of efforts that the City of La Quinta has undertaken to enhance recreational opportunities for the enjoyment of its residents and visitors. Recreational trail efforts, in particular, have been focused mainly in La Quinta's Cove Area (Attachment 1, Cove Area Map) which offers magnificent hiking and bike riding opportunities due to its proximity to the mountains. The proposed project entails the development and installation of seven trail signs as outlined in the application form. Provided as Attachment 2 is a Project Map which depicts the sites where these signs will be located. The proposed signs are intended to provide users with an array of information as well as directions to the various available trails. The overall goal of the project is to encourage more residents and visitors to use the trails. The signs will be strategically placed in order to maximize their benefit to users. The first sign will be placed at the beginning of the City's 2 1/2-mile Bear Creek Bike Path to identify the start of the trail (at the north end of the Cove). The next four signs will be interpretive signs that will be placed at each of four rest stops that are located along the path. The sixth sign will be placed south of the City's Cove Oasis Trailhead, and will serve as a directional sign with arrows pointing to several nearby trails. The seventh sign will be placed in a parking lot south of the Cove and will consist of a map of the area providing options for hiking and bike riding. Attachment 3 is provided as an example of the information that will be included in each of the seven signs. The signs will offer valuable facts pertaining to the history of La Quinta, the landscape themes along the Bear Creek Bike Path, wildlife and habitat information, and fun facts on various points of interest in and around the area. The design of the signs is depicted in Attachment 4. The 2' by 3' signs on a river rock podium are part of a design and theme already approved by the City Council for the trailhead improvements currently underway at the south end of the Cove. 264 _ _— —v IDYLLWILD PALM VIEW RA 74 PEAK M Inte ''�A ' �� ,� � .•t '`vyam. � Bt�'tERFtY �� lip• ... •. 33 C` . / nuance S 9 9 jf , \ r I BET �TN. $ OO WN _ - ® f J° m a Sign �. Bn NO n v Bn y • �l if#1 q. Trails Map Directional reeA,mt Trail } _ �1 ilia v rk �.� •�L �.-,, ill,- �. 1 � .-� ; ;�',_ ? R/ v, Sen fj Y V - �� .ClVr '� �11 7 ,51! x.W \ pal . 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Nj Q M ate.+ tn ° ra c cn 0 4 C-OL •��'(u -��oo_' 05, .� O v U •� j c — CU Q) ' ; =3 4-J 4b m @ m 273 017 CE W W -._1 W � U Z a U O UJ J U 2LLJ d WOD 2 v 8 Z C9 (%1 Z cc 0-1 M U 9 M N j - U dJJ U N J uj U M Z O 2 1.1�UN�+ 3 a v U W = OpZZ x OZ O M U '91e i U m V N a cv ri a Sri �v ri ad of r� �o a Z U O a R Z c> 3 gr U) N p O r=-w7Z U U O O O U ya Q��c V F Y d U 1O A S N W Z Y Z o U O W ? Us 21 O Z - N 6 I 274 0181 z N INTERPRETIVE SIGN PROGRAM FOR COVE AREA TRAILS Cost Estimate CATERGORY TOTAL COST (100%) GRANT SHARE (80%) CITY SHARE (20%) Construction (7 @ $5,500) $38,500 $30,800 $7,700 Engineering (1o%) $3,850 $3,080 $770 Inspection/Testing (7.75%) $2,984 $2,387 $597 Administration (5%) $1,925 $1,540 $385 SUBTOTAL $47,259 $37,807 $9,452 Contingency no%) $4,726 $3,781 $945 GRAND TOTAL $51,985 $41,588 (Grant Request) $10,397 275 019 CITY OF LA QUINTA INTERPRETIVE SIGN PROGRAM FOR COVE AREA TRAILS Project Proposal A. NEED FOR THE PROJECT: 1. Describe the deficiency of similar opportunities in the project area. Defining the project area as the area encompassing the Cove Area trails, the proposed sign program will enhance various recreational trails and fulfill current trail needs. La Quinta is directly served by the Bear Creek Bike Path and at least four trails (Bear Creek Canyon, Boo Hoff, Guadalupe, and Morrow) with connections to several others. The bike path also contains an adjacent dirt -surfaced trail to accommodate alternative trail uses. At present time, some trails in the project area are underused, primarily due to the fact that many residents and visitors have no knowledge of the trails or what they have to offer in terms of recreational opportunities. The sign program will encourage trail use by providing users with well-defined trials that offer a quality experience through the valuable information that will be shared on each interpretive sign (e.g. history, culture, landscape, wildlife). 2. Who will be served by this project and what is the estimated use? Many populations will be served by this project, including residents of the Cove Area (one of the largest residential areas in La Quinta), residents of La Quinta, and residents of nearby cities and unincorporated areas (e.g. Indian Wells, Indio, Coachella, Thermal, unincorporated Riverside County). The proposed project will also impact the greater Coachella Valley by helping to meet a growing demand for hiking and riding opportunities in the Valley. Comprised of nine cities, the Coachella Valley has a population in excess of 273,500 and that number swells by an estimated 111,500 annually due to tourism, the economic mainstay of the Valley. The nine cities are adjacent to the Santa Rosa Mountains National Scenic area which contains abundant trails, many of which were used by the Native Americans hundreds of years ago and are used today by 276 020 equestrians, hikers and mountain bikers. The trails provide recreation to the Valley's residents, especially groups like the Coachella Valley Hiking Club and the Desert Riders, an equestrian group. This project will further enhance recreational opportunities for all residents of the Coachella Valley. The project will encourage use of the Bear Creek Canyon, Boo Hoff, Guadalupe, and Morrow trails, and the Bear Creek Bike Path. Three of the trails appear in the book 75 Great Hikes in and near Palm Springs and the Coachella Valley and on regional trails maps and in trail guides. Staff believes that in order to capitalize on this interest, these trails need to be enhanced regularly and made user-friendly. In the mid-1990's, the City of La Quinta built the Bear Creek Bike Path (with an adjacent dirt surfaced trail for equestrians or others seeking alternate trail surfacing). In 1998, the City received grant funds from the State for striping a circuitous bike lane which connects to the Bear Creek Bike Path. The continuing enhancement of the bike path has made it popular among trail users and its continuing enhancement will attract more and more people each year, including users outside of the Coachella Valley. For example, the La Quinta Resort & Club attracts many visitors, many of whom are looking for local, recreational opportunities. Although it is difficult to estimate actual trail usage in and around the project area, it is not unreasonable to expect an average daily usage of 30 to 60 people during peak season. The City's Community Services Department has used the trail system in La Quinta as part of its participation in California Trails Days and is supportive of offering future classes that will use the trails to expose people to the natural and historical wonders that exist in the project area. 3. is your project supported by others (non-profit groups, public agencies, or citizen groups)? if so, attach letters of support. is there additional support for the project (outside funding, donated materials, volunteer labor, trail patrols)? There is widespread community support for the proposed project particularly in light of existing and growing trail/bike path/bike lane usage in the area. This project will compliment the approved and soon -to -be constructed Cove Oasis Trailhead project situated just south of the Cove, which will essentially provide a unique and functional entrance point to various mountain trails. [Attach letters from the Historical Society and 277 the Coachella Valley Recreation and Park District]. 021 4. How is the project consistent with Statewide Comprehensive Outdoor Recreational Plan (SCORP), Statewide Trails Plan, city, county, or regional mater plan or the applicant's general plan? The proposed project is consistent with the City's General Plan, particularly the Land Use Element, the Circulation Element, the Open Space Element, and the Park and Recreation Element. The City's General Plan envisions a developed trailhead facility and other trail enhancements that will support and encourage trail use. The policies and goals of the General Plan regarding trails and recreation further support the development of this project. The Southern California Association of Governments' Regional Comprehensive Plan and Guide also outlines goals this project will support. The Open Space and Conservation chapter supports outdoor recreation, stating two goals: 1) Increase accessibility to open space lands for outdoor recreation, and 2) Promote self-sustaining regional recreation resources and facilities. The elements of the proposed project are consistent with these regional goals. 5. How will this project connect or complement other trails or result in the development of urban trail linkages near homes and workplaces? As previously indicated, the City of La Quinta is directly served by the Bear Creek Canyon, Boo Hoff, Guadalupe, and Morrow trails, as well as the Bear Creek Bike Path. There is a strong movement to connect La Quinta's trails directly to the Art Smith Trailhead and, from there, to the Palm Springs area. Mr. Art Smith has been working on this effort for 30 years and believes it can and will happen in the near future. The proposed project is in close proximity to one of La Quinta's largest residential areas, the La Quinta Cove. These residents have easy access to the benefits of the trails and bike path, as well as visitors that stay at the nearby La Quinta Resort & Club. The La Quinta Village (or downtown La Quinta) is also a vital part of the Cove Area, and contains commercial development that will continue to grow due to Village improvements that will be underway this fall. The trails can be enjoyed by Village employees during their lunch hour or before/after work. 6. Are there additional points of interest that contribute to the project (historic, cultural, geographical or scenic)? 278 022 The proposed project lies along the slopes of the Santa Rosa Mountains National Scenic Area, which is under consideration to become a national monument. The stark beauty of the desert mountains against the blue desert sky is a sight treasured by residents and visitors alike. Geographical wonders of alluvial fans, mineral veins, mountains and desert washes surround the area of the proposed project. The site offers views not only of the surrounding Santa Rosa Mountains, but also the little San Bernardino Mountains of Joshua Tree National Park to the north as well as views of the eastern end of the Coachella Valley. Although not directly visible from the site, the Salton Sea lies to the east and can be seen from a point approximately 3/4 mile from the top of the Cove. A portion of La Quinta was a part of the site of ancient Lake Cahuilla, which provided a rich food source and camping area for the Native Americans of the area. Native American trails and other evidence of their existence (potsherds, arrowheads) are still present today in the mountains surrounding La Quinta. Ancient Lake Cahuilla dried up approximately 500 years ago, but natural springs and seeps sustained the native population of Native Americans in the area and the descendants of these ancient Native Americans are today's Desert Cahuilla Indians who now maintain several casinos in the area. A water reservoir located easterly of the proposed trailhead site is called Lake Cahuilla and is part of Riverside County's 700 acre Lake Cahuilla Park located within the city limits of La Quinta. Like the Salton Sea, modern day Lake Cahuilla can be seen from a point approximately 3/4 mile from the top of the Cove. 7. Describe how the project provides for diversified recreational uses and/or trail corridor sharing? The proposed project will encourage use of the bike path and at least four other trails in the Cove Area. These trails are multi -use, allowing use by equestrians, pedestrians, and bicyclists as appropriate. The information that will be provided on each of the signs will allow varied interest groups to enjoy the area while learning about La Quinta's history, landscape, wildlife, etc. 8. Does your project provide additional benefits, like minimizing the impacts of current trail use to the environment, opportunities for commuting, etc.? Informational signs regarding habitat and wildlife are meant not only to inform, but also to protect the natural environment of the area. For example, Peninsular Bighorn are located in some portions of the Santa 2 j 9 023 Rosa Mountains and the City continues to work with wildlife officials regarding closure areas (e.g. during lambing season) and to educate the public. B. ACCESS: 1. Describe the available access to the project site (public transportation, bicycle lanes, staging areas, etc.) and/or how the project will improve access. Access to the project area is very good and always improving. At the bottom of the Cove, where the Bear Creek Bike Path begins, residents and visitors can access the bike path by walking, biking or driving to the entrance (which will be clearly marked via this proposed sign program). This 2 1/2-mile bike path has dedicated entrances at many points along its route. At the top of the Cove, users can easily park at two available dirt parking lots (one will be paved and equipped with a map that is included as part of this project), and choose from various trail options or ride their bicycles along the Bear Creek Bike Path or the Coral Reef Mountains Bicycle Lane. In addition, SunLine Transit Agency, a regional bus service, services the project area, with a stop near the Bear Creek Bike Path entrance and several stops at the top of the Cove. Access to the trails and bike path will be improved by providing users with information (i.e. signs and maps) that will provide them with the recreational options they have and how and where to get started. 2. Describe the degree to which your project provides trail linkages near homes, workplaces and other recreational open space. Although the proposed project will not directly result in trail linkages, it will certainly serve to help users transfer from one trail to another or one trail to the bike path via the dissemination of information. C. ORGANIZATIONAL CAPABILITY: 1. Discuss your capability for developing, operating, or maintaining trail projects or similar projects. The City of La Quinta incorporated in 1982 and maintains over 30 square miles of public infrastructure (including streets); one neighborhood park; a park which has a municipal pool, tennis courts, a roller hockey rink and other facilities; a third park under design for future construction; an 18- 280 acre Sports Complex operated under joint use with the school district; 024 landscape medians and parkways; approximately 28 miles of Class I, II, and III trails throughout the City; and the Civic Center complex. The City will be responsible for developing and maintaining the Cove Oasis Trailhead project, which will be under construction soon. In addition, the City is responsible for maintaining the Bear Creek Bike Path, which requires City staff to assess the condition of the bike path and implement needed maintenance and repairs. The City has been awarded numerous federal and state grant awards and has successfully implemented those grants including the City's financial commitment to maintain the facilities paid for with grant funds. The City has the financial wherewithal to maintain the project. D. PROJECT READINESS The City of La Quinta is committed to completing the Interpretive Sign Program for Cove Area Trails project within six months of an award date. If an award is made at the end of January 2001, the City will begin the project within 30 days and complete the project by August 2001. 281 025 Notice of Exemption Appendix I To: ❑ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 X County Clerk Countyof Riverside Attention: Cherrie Seager p 0 Box 751. Riverside CA 92502-0751 From: (Public Agency) Community Development City of La Quinta P 0 Box 1504, La 6ui nta, CA 92253 Project Title: Interpretive Sign Program for Cove Area Trail Project Location - Specific:-ivp signs will be located along the Bear Creek Bike Path and two signs will be located on the south side of Calle Tecate Project Location • City: La Quinta Project Location - County: Riverside Description of Project: Installation of informational /directional seven monument signs (e.g., landscape, wildlife, history and cultural) to serve as an interpretive proqram along Cove Area Trails Name of Public Agency Approving Project: City of La Quinta Name of Person or Agency Carrying Out Project: Community Services Department, City of La Quinti Exempt Status: (check one) ❑ Ministerial (Sec. 21080(bxl); 15268); ❑ Declared Emergency (Sec. 21080(bx3); 15269(a)); ❑ Emergency Project (Sec. 21080(bx4); 15269(b)(c)); aCategorical Exemption. State type and section number. 15311 Class II(a) Accessory Structure ❑ Statutory Exemptions. State code number. Reasons why project Is exempt: The project consists of seven on -premise signs Lead Agency Contact Person: Maria Cas i 11 as (760) 777-7086 Area Code�%Iephone/Extension: If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? ❑ Yes ❑ No Signature: % Q.,. Date: 9 -100 Title: AnQl hs% Signed by Lead Agency Date received for filing at OPR: ❑ Signed by Applicant n 2 R 2 82 Revised October 1989 LOCATION MAPS PROJECT SITE PHOTOS (TO BE INCLUDED) 283 027 T4t,t 4 4 Qum& AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 19, 2000 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 28838-3, Rielly PUBLIC HEARING: Homes Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 28838-3, Rielly Homes. None. None. Tract 28838-3 is located east of Madison Avenue, south of Airport Boulevard, and west of Monroe Street (Attachment 1) and consists of 41 residential lots (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of September 8, 2000, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (October 19, 2000), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. WE I T:\PWDEPT\COUNCIL\2000\000919e.wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 28838-3, Rielly Homes; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 28838-3, Rielly Homes; or 2. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 285 002 T:\PWDEPT\COUNCIL\2000\000919e.wpd RESOLUTION NO. 2000- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 28838-3, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL, REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding .final map approval, or disapproval, upon receiving it for consideration, and. WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Tract 28838-3 is conditionally approved provided the subdivider submits all required items on or before October 19, 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 286 subdivider has completed the following requirements to the City Engineer's satisfaction. 003 A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on October 19, 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 19th day of September, 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 2 8.7 City of La Quinta, California 004 T:\PWDEPT\COUNCIL\2000\000919e.wpd TRACT NO. 28838-3ATTACHMENT 1 w w AIRPORT BOULEVARD o H co o z co TRACT NO. 28838-3. AVENUE 58 288 006 I: 44000 MAPPING 28838-3 1ACINITY 8-04-2000 F2 a�1s�¢ yip Z INN w S ,�b OxN17 wj22 1I Rid R'«a i G m 'u�i �wN9 crc`nu q�a�p i w N�~ m < a X i{ � U'o p � s N �<�„z�« = w z j U,Y"<o �a _� o m z .ozzss =boa _is__ Tp as o N N O A � CC) co w/ §eb��< ' �J < PRO U3 H w� < a<ff� "' arc Hitt "g o rca Z >�S TLOY SK as o o s o s o$ o as Z n �< m € MIR N��Q;�� ; �� o ~z�-a� 3ma�uij aip a0 �%' 110 €woo apo,a �is� 3 v 4tga LF�K—i CiZY i �12 n� o9w 5�€ 0 4 i 5 0Qg= g gb� 25, w+5 �� iz �$c g 5 •< £o££g�( a`y ow gFS 7y�p 9.�x'��gZ 0,07 8 ta y Mill12 i o; ilk -i _ S F6 SSW B i8 E 86 �9 9 8 Go Ate ` 91 ! gi is a�$s J oa=W z_ €aW &aW W cc) yjo €j Ent i Y N 's$ Ors W Y a �a i p M m N C i N w _N z � u1 -N a zo <€ it W 65 maa< o o e K - bra h 80 g 3hga� jj- ` ..� ,� '"&� � z g h 's�ia a 'a r S5 g4c'NaO i G. €o�u<ia ai z €,��v�C ...............................................;........................................................... .u�t9t n.e�.cz.o x X9186— Z 09-4E/6(Z'BW� — — — 491Z 'ON 'Nl 4-U/L9Z '8'W b n y 9Z lol I Z-L44aZ 'aN 1J'dlil SS N Cho IJ O N! N n "" A O m N iVy - N M Q yg < CO _ .......... MM ;......... .....� in p �f �i CC) >! GO �d N M Z 1 - Qc5�5 n N M N d G v V N M Z J N 1 N ffi V I a \�-+-L- 5` � �� rI ---- o o T ar9oti................................ �._.. T......: � *g nlll L—J [-4 M' 1332115 NOSIOVW o � r_ta jr 1q �a 0 291 009 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 4 OF 5 SHEETS TRACT NO. 28838-3 BEING A SUBDIVISION OF LOTS 22 AND 41; PORTIONS OF LOTS 21, 23, 28 AND C OF TRACT NO. 21643 AS FILED IN BOOK 203, PAGES 37 THROUGH 50, INCLUSIVE OF MAPS; OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA MDS CONSULTING AUGUST, 1992 GARY W. DOKICH LS.4693 C/L - AIRPOBR 26746 BOULEVARD - - 1446.41' 4_1 gli$ a�i aF1 aa1 �F1 3t 1 I 1 I N VIYOB'E 1446.04' L&TAD i i ?Z LOT E em+ w "-- _ MUIRFIELD VILLAGE al +— _ X B9'IT7„7—K 121L17, LOT A 1 m (PRIVATE STREET) N 9'13' 'E IL 3' Im AC +—+ _ _ ____ ____ _____ ________ ____ _ ___________� ___—_______ ____--- ____ __________ ^ ___—_—__ 1 J I 0' PRIVATE a DRAINAGE EASEMENT 23 is T 2 3 m 4 5 m0 6 7 8 9 b b b b I I I I A. 0' N 0913224 114LB5' CURVE TABLE No DELTA RADIUS ARC LGT TAN I 0'191V 1624N 917' 454' 2 0.1912' 1771W 9.9D 4.95, 3 O'0512' 15B7DD 2.10' IN iASflifi+i$ 4 O'0512' 1439W 218' IV In 5 4*30-07' 116OW 91.15' 4560 1❑- INDICATES A 10.00 FOOT EASEMENT FOR 6 11'2D42' 8480D 168M 84A2' PUBLIC UTILITY PURPOSES DEDICATED TO W 7 11`&42' 116OW M..39' 116,58' IMPERIAL IRRIGATIDN DISTRICT, ©- INDICATES EASEMENT FOR PUBLIC UTILITIES LOT I N DEDICATED TO COACHELIA VALLEY WATER DISTRICT. Q- INDICATES A 10.00 FOOT EASEMENT FOR -rf{1-�cr NO. 2Ci CI .�J:j-z LOT I PURPOSESDEDICATED TO M.B. 203/50-55 w NtA W TRACT NO. 2J333-2 SEE SHEET 3 FOR SURVENM rn NOTES AND BASIS OF BEARM M.S. 203/50-55 SCALE 1"=50' 60.2 N 86'35'48'V 3xv B6'75'4B'Y N 39023'I k 9'ID26' R-143990• L-23375'+- TRACT NO. 20030-2 L Ni.F. fJ3/50-55 _; DDRAINAGE EASEMENT 23 22 t 29 25 21` - - 28 'A 27 r a it r 26 _ 25 — 24 I� N 7•SOVB' y la,eb' I N 7.50'48' V x ab 35'48N • ae+' _ 6727' , _ GOLF VIEW �86'35.48'V 798I DRIVE RI 1 (PRIVATE STREET) 2 LOT C . N VB23'V us At k 9'ID26' R=160591' L= 260. W T- 130, 69' 8 a' D rI1 !� 42 8 30 - m �0 - 31 32- 37 TRACT NO. 2E1J3Ei-2 33 34 $ 35 PASS 03/50-55 e 6723' N I.35•IB'Y 39UT N 06'35'48•W 33171D LOT P - AMENDED TRACT NO. 23333-1 - M.B. 235/51-&7 a 25 So too 150 20o k 9'1 D 26' Rq 77200' L- A7. 8D-i I 292 10 SHEET 5 OF 5 SHEETS IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA TRACT NO. 28838-3 BEING A SUBDIVISION OF LOTS 22 AND 41; PORTIONS OF LOTS 21. 23, 28 AND C OF TRACT NO. 21643 AS FILED IN BOOK 203. PAGES 37 THROUGH 50. INCLUSIVE OF MAPS; OFFICIAL RECORDS OF RIVERSIDE COUNTY. CALIFORNIA MDS CONSULTING AUGUST, 1999 GARY W. DOKICH LS.4693 N.F. CDRNER SEC. 22, T65, R7E SBM FD. Y I.P., TAGGED LA 3561, ON. 0.65' PER TR 286T8-2, M.B. 293/50-55. C/L AIRPORT BOULEVARD N 89'17P'E 2631A6- 14/641' - - 1 1 sl z1'I N 8913191 `I 1446A/' LOT E 4374 Ac _ .... LOT A MUIRFIELD VILLAGE N89132gzK121I13' 2 �� TR (PRIVATE STREET) N . 3- �� ___ $ I, g 9 10 11 k 12 13 > 14 N O'/b'S2'V -1o.2e: 11=� LOT 15,E �$ UT-l= ,//•ag 8' PRIVATE \� - '� DRAINAGE EASEMENT N 89'IT221 11412T R7• : 7• \ N B9'13'22'C 191724' II Tag CURVE TABLE EASBiENTS Lr u' Y W W S VT W W N --_I- 0. 91IR 26' R14A OW L= 233 r' O-'P�UINX UTIR Y'00 TO `j N 1 6 PURP0O56 DEDEASICATED yy TG IMPERIAL IPRICAl10N DISTRICT. `al 1 W Q- INDICATES EASEMENT FOR PUBLIC UTMX PURPOSES DEDICATED TO COACHDU VALLEY WATER DISTRICT I /.7/' I J�- INDICATES A 10.00 FOOT EASEMENT FOR UNLWY PURPOSES DEDICATED TO N 9.36'14 1 Z PUBLIC CITY OF IA QUWITA AN EASEMENT FOR DOMESTIC ROUTESLINE iQ i F Z Q- WATATERRLINE PURPWOS0SES DEDICATED TO ? j 8 17 Q CN.W.D. ry I SEE SHEET 3 FOR SURVEYOR'S b 1 NOTES AND BASIS OF BEARINGS I � ''A � SCALE 1" -50' I > > a m> LOT IIR 6 TRACT NO. 20830-2 a I M.S. 203/50-55 vsr°+o 1.8 � 18 � 5 N 89.36114 76A2' I I 207,45' N 8/'05'16'E 1 1 22 z 21 24 23 L_ R71•___ - 'LOT C ` T=GOLF VIEW N N1 K _ _ L= ___ gl L` 04 - - - - - -- _ L I J s 38 35 36 37 DRNNAGE EASEMENT i m I o� I 20 z' 19 ,x�yRMpI Tu TWS 0 8 ___-______ ---1 /-i -, _ I T= 77.27 L• ISE 73 (PRIVATE AD N 89-36-14-E 23633' - 7 5• 2 RIVE N 9' 'll' .95' Q • 1. - YAD' 'C P 1 i 1Tu Tu 39 40 N 8T36'14'E IWW It _ _ N --s D= RIB26' R177200' L-2117.ff LOT In - AMENDED TRACT NO. 28030-1 - M.S. 205/51-57 0 25 50 ADO 150 200 � r I ' 41 I I I 5 09.36' /7.03 NTv °YL TRACT NO. 21643 M.B. 203/37-W N«mNwnwYuau-r\A>e- 293 I I CITY oF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT ON -SITE IMPROVEMENTS TRACT 28838-3 THIS SUBDIVISION IMPROVEMENT AGREEMENT for ON -SITE IMPROVEMENTS (the "Agreement") is made and entered into this 19,4N day of . 2000, by and between Rielly Homes Madison, LLC, a Delaware 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 (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract 28838-3 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private on -site improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements fora period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security per the security schedule identified on Exhibit A attached hereto and made a part hereof. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured, including engineering design if the improvement plans were not complete at the time this agreement was made. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 294 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. Rielly Homes Madison, LLC — Tract 28838-3 Page 1 of f0 12 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 295 Rielly Homes Madison, LLC — Tract 28838-3 Page 2 of 6 3 1 3 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 n construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 296 6 Rielly Homes Madison, LLC — Tract 28838-3 Page 3 of P14 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. 297 Rielly Homes Madison, LLC — Tract 28838-3 Page 4 of 6 015 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 298 Rielly Homes Madison, LLC — Tract 28838-3 Page 5 of 6�, 16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: By: Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date City of La Quinta 78A95 Calle Tampico La Quinta, CA 92253 (760) 777-7075 Rielly Homes Madison, LLC 23 Corporate Plaza, Suite 245 Newport Beach, CA 92660 (949) 719-4975 a I �" _ ..- Date Date Date ME Rielly Homes Madison, LLC — Tract 28838-3 Page 6 of 9J 1 Exhibit A TRACT 28838-3 ON -SITE IMPROVEMENTS SECURITY On -Site Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. On -Site Improvement Description Performance Labor & Materials Grading $110,691 $110,691 Street & Drainage Improvements $352,555 $352,555 Domestic Water $246,660 $246,660 Sanitary Sewer $108,163 $108,163 Underground Electrical $102,500 $102,500 Monumentation $9,260 _$00 Totals: $929,829 $920,569 300 018 STATE OF CALIFORNIA ss. COUNTY OFi�`�N On i� �� , . � o , before me, _ nl�)�A Q�AB VAC, Name, Title, .g., "Jane Doe, Notary Public" personally appeared MNC12 1�. Q11\l_\.\:� Name(s) of Signer(s) u personally known to me -- OR -- ❑ G UDBL Cornmibdan # 125M Pd9c - Galllomia Orange Counly ir lulyf omm.BpwWrV,2104 asi"f--satisfactory-evidence to -be -the personal whose name.(sf Wive subscribed to the within instrument and acknowledged to me that he/s*&Ahsy-executed the same in his/het/their- authorized capacityfies}, and that by his/herAheir-signatures} on the instrument the person(&. , or the entity upon behalf of which the person4e) acted, executed the instrument. Witness my hand and official seal. OPTIONAL Though the data below are not required by law, the information may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER: DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual [Corporate Officer: � �= �.;� 1 �\� v \tom.- . p ��5 \(]t�� L11 �1�\� �_ ('Sly-tJi A ( �-�--r-c14_s 1 •� Title(s) Title or Type of Document ❑ -Partner(s): ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: SIGNER IS REPRESENTING Name of Person(s) or Entity(ies) Number of Pages SIGNERS (Other than named above) 1 t9 Tit4t °f 4Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 19, 2000 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 28838-4, Rielly PUBLIC HEARING: Homes Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 28838-4, Rielly Homes. None. None. Tract 28838-4 is located east of Madison Avenue, south of Airport Boulevard, and west of Monroe Street (Attachment 1) and consists of 40 residential lots (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of September 8, 2000, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (October 19, 2000), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. 302 T:\PWOEPT\COUNCIL\2000\000919f.wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 28838-4, Rielly Homes; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 28838-4, Rielly Homes; or 2. Provide staff with alternative direction. Respectfully submitted, G4!/ Chris A. Vogor Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 303 T:\PWDEPT\COUNCIL\2000\000919f.wpd 0 0 4" RESOLUTION NO. 2000- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 28838-4, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Tract 28838-4 is conditionally approved provided the subdivider submits all required items on or before October 19, 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. 304 Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. 003 A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on October 19, 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 19th day of September, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PEIVA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California M. Katherine Jenson, City Attorney 305 City of La Quinta, California 004 TRACT NO. 28838-4-ATTACHMENT 1 w w AIRPORT BOULEVARD o x cn z z 0 TRACT NO. 28838-4 AVENUE 58 30 006 I: 44000 MAPPING 28838-4 VICINITY 8-04-2000 2 �F Rio � � Fs�q�q v� IK of<a uw< go,$u $ mb q<� $z` j-~ oZ��vyi< aa¢i maN f < p < imca F i��e��a � z_ � u �WUUJ «a i C m 26 to g8< shg 3�a^� !Zsp r : au `dzz=S" a cc o p a cc E cc M� gas � s w R r 3 mFa� 01 S ��, as _!r � �5 < N oo 'w a �.i 'm��og li Fj R < 3 Oil � rc Gil � 3 �& _�514 J & k S Y � s�N �'€�� b In u 9: u �Naff �z7 �c3i 3,: F g 21 ci s g b W N m '3N>iN m �F'6i ff = 1 p q W NY U q W off HT<a; g a w a m S m m Y o 3 a Asa w4 R� €W m m dF d m O 00 g8 N y� 33 Halt je4pp 5 a N a 6 10 s� 0 e$121 gg o s El a N 1� alD 17 � gg IL s cc os sew ��w co54 � o g as HT �m� 5i 3 cy N i� d� I�g�4� ff b ME-4 it igy 0 PZ J 2 2 2 < 17Z J1 < < < 2 3N w �gH w in g H RUM! Aa •<�i�.�i� H «N 3i3Z ul�w� in 1- aIR ig z G` �ffo g i i i �� € 8 'ate" £ 01z i 008 W 01191 A NOVA N • .CM 3AIX.68 N g %-W/.ez'SIN 'ON i N M N$ 2:-/_44OZ 1J7H1 \ m MIt- — - -+-I r Cb ,Y/qC AN40.0 N cz ry A2r1 349,12.98 N r I ti M F EO �1•dW Flo co : _ m M g R _aid ara Cmi1 t��3i �•al,(L6 x ofdo M 0i e �..................� N �tk 3� -ova OI O M M M P ... ...........= �. ]�a-ora ti' 112.BayI NrZ 1 ' 1: 3.12.BB.I X y�Ox�[Cl i N U m^+ M liel�paFN " ^I 0i OW) >a�Ora �3�?-N t" 0. M 00 N N N NgN - O N N N3 CU 9 V' e n O N N N N M 't N N �$ mR SE..4cn 8 O j mv18 NNtP � ' .�'V? 1 L�l ® . Nm:m Q a�— . m m...................._.............................................................................................: a Esn a 111 T� <T 1P V i ri T �- TC ^1 i:i � ,n � I4 L9-f-9/9flZ '3'W < i ;E� 13381S NOSMYN t_-flEflflZ Off J_:)Vuj_ O3(jH3NV gg$ `� xg let £ �� y J J 'silW�i 3 Y 1 Ps MCI 0 o a 0 ■ a o 09 009 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 4 OF 5 SHEETS TRACT NO. 28838-4 BEING A SUBDMSION OF A PORTION OF LOT 28 OF TRACT NO. 21643 AS FILED IN BOOK 203, PAGES 37 THROUGH 50, INCLUSIVE OF MAPS; AND PARCEL 3 AND A PORTION OF PARCEL 2 OF LOT LINE ADJUSTMENT NO. 98-286, RE— CORDED JULY 7, 1998 AS INSTRUMENT NO. 278753. ALL OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA MDS CONSULTING AUGUST, 1999 GARY W. DOKICH LS.4693 1 I I / t t � 1 I � I I I 36 3F; 37 I 00 30 H 40 �/ II 34 I TRACT NO. 20036-31 I I I 41 I L L L / —�\ I 47031I �___— 89,36111 \6% IIO ILS' 1SA' e I I 1� I I a I I m I � $ = I N '11• /5D/' I ? AMENDED TRACT NO, 26830-1 — M.G. 206/51-57 � bM LOT P — m J 2 13z N '36' /' /6 Zz Q SCALE 1'=50' I I Z Z '0 3 — I I � N 86'211TE 19/27' CD \//. 17.E zl J u - 271S 0.=1/21.00' L= L: `R 2Y lk II'053% \ I 103' 103 ' m 0' PLANATE ORAROU EASEMENT L= 4 $ 6 5 �\ 1 z � _'asy 7 S \\\ B7p _AIY I R,Ip17C 1'f107 10 z 9 _ -------- 9-- a _ ____-__ 13 _-____ _____ __ -- /. po � nASRILL)06, m —� L r�7 aL0Ta0'B PRIVATE STREET N 6'21'S7E 37 5' 2 — L� 9 O� S V) ---- _----�•— ' ( w LEGENDS WAY, ,53. 7 'I 11 b _ --------_— __ _ 141 _____� 3 -_ CD 1 rig ` 1 W W b 37 38 39 g n i an _ 36 o yI 35 33 34 — _ i 1j gg 1 n lam 3Y�a' (T7j 40 I e � b e Iz Q} �Iz I mL_ 6S h' ® ® 7 86-21'9'E 142.41' j 1LS' 1L1' I' a 1 1 \A = 1 f �11'OY 79' R=1716 R'L-33aW aAzy NR97074T LOT 61 TRACT ND. 20147-1 a 2',aarL M.H. 207/4-11 CURVE TABLE �S NO DELTA RADIUS ARC LOT TAM IB OEl1A RAINS ARC LOT iNl b E/SEyENj$ 1 67931' 36D6r 3571' 1,.07 2 925313' 60M 972W 6301' 13 2129'II' HIM 42,75' 21,71' 11 6'1911' 522T 571T 2&05' z I TRACT N0. 29147-2 I INDICATES A 10.00 FOOT EASEMENT FOR 3 69931' 60SW' 7556' 378r / 24'2T4V 1165r saw 2S7r IS 1212W 564 f 128R' &11' 16 1'2rle' 1565.00' J7./7' 1&73' II21S0 7/A2' I71I' M.B. 2tj //12-1fJ PUBLIC UTILITY PURPOSES DEDICATED TO RIPE. R.T,. DISTRICT. 5 IR'59'22' BL50' 69.68' 3713' 6 2/•2911' $IN 3/S/' 1719' 17 1'22TB' 10 12153' 68580' 1632' &16' 13.W Q- INDICATES PUBLIC UTILTY EASEMENT DEDICATED 1 6'0651 00W 121.T 633' 0 71'S191' 24-V 32M' 1&75' 27W 19 3'09'36' 504R0' 27.80' 20 3W35' SO4.W 27.79' 13.90' 25W711' 60.00' 2625' 1334' TO COACNEW VALLEY WA1ER 061RICT 9 69911' SDIA0 5559' 10 6'1991' 5/LW 5567' 2987' 21 22 3'171T 360.00, 2UT 1033' Q- I A 1 FOOT EASEMENT FOR 11 71` 637' 2/.50' 29.98' I7A9' 23 3'.W 364W IS06' 95 LJ BU7ES P00 URPOSES TO 12 7'S079' 118SV 162r &Ir CITY OF U WNTA SEE SHEET 3 FOR SURVEYOR -- NOTES AND BASIS OF BEARINGS a 25 50 IW 150 200 310 Ul I IN THE CRY OF LA OUING, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 28838-4 BEING A SUBDIVISION OF A PORTION OF LOT 28 OF TRACT NO. 21643 AS FILED IN BOOK 203, PAGES 37 THROUGH 50, INCLUSIVE OF MAPS; AND PARCEL 3 AND A PORTION OF PARCEL 2 OF LOT LINE ADJUSTMENT NO. 98-286, RE- CORDED JULY 7, 1998 AS INSTRUMENT NO. 278753. ALL OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CAUFORNIA. MDS CONSULTING AUGUST, 1999 GARY W. DOKK;H LS.4693 LOT P — AME1jDED TRACT NO, 28838-1 2135/51-57 1 _pl R 88'/6'/0'V 11312' CD .,a 1 17 — 15 16 b 44 'LS ��J• 1 N 4 2� PRIVATE P40 19 yr STREET LOT C Raa- aI.. �K Ner.17 =� 1 Bey, I 2.97' I I 0 63r \• 18 ��m LOTrE ��?r SHEET 5 OF 5 SHEETS I, >QI L= 50L=27625 z�a 1�11.05'37 R=1121.00' L=27517— o y e _ L= 73 L' :1 Pig 3pi I� a 13 s 12 14 11 10 9 - W r'1 2 1 1 3 11.00' N DT F H�6g75-b-75---------------_---- ---o 9 N ' I' 'V , 1 11 =1 _ AT : RIVpTE STREET x ee sla9v Iz6ar t a Iran 37 _N 7rJ 'L 6 I' T-14i9 WAY „ ,. L= 1 , 5-- 2, W tn 32 _ 33 a 34 Y 3/ ug / 30 CO N wcN R 11'0? 37 R.17/6 00' L- D3a w -e'er 51� 11555' o€� R 113d 0_1 N 9 / / 8' d CURVE TABLE ul P? 20 I 10 , 101I }ti PIQVATE BDROLMZ EASEMENT ; 'I �, TRACT NO. 201147-1 • a ___ ____________ -----' T 9V 7 19' '3/ I N I L -I 1 LOT 81 U < 21 � 28 ? C" In � a,I m W a I N 8RAO770'E N '49' /' 172z � 5 N I H In 4 22 _ I8 m Q Z I La 27 I 1 cc a �e� V " -� COURSE TABLE NO BEARING LENGTH Q, 9./ ' /' 72.00' I �J 19 N /S'IS'OCV 9.93' I Q � I N R30B51'V 0 R SCALE 1"-50' 23 m $tea I 26 w N 9'/ ' / 7 .00 I ` 4./ayjpT. EASEMENTS 7' 7' B 7$R�TO•y Q- S A 10.00 FOOT EASEMENT FOR I I PUBLIC UTILITY PURSES DEDICATEDTO IMPERIAL FRICATXIN DISTRICT. 24 i 25 CD 02 - INDICATES PUBLIC URIIY MMENT DEDICATED I I TO COACIIELIA VA M WATER DISTRICT lu mr o- INDICATES A 10.OD FOOT EASEMENT FOR 110, I PUBLIC UTIM PURPOSES DEDICATED TO ' 0'I CITY OF U OUWTA N 89'473/'E 209.00' N 89Y9714 1803Y N '16'V R� SEE SHEET 3 FOR SURVEYOR'S I WM AND BASIS OF BEARINGS 22 N;a oa 21 AMENED TRACT NO. 28838-1 AMENED TRACT NO. 28838-1 M.B. 286/61-67 M.B. 285/61-67 50 100 150 200 L — — — — — — — — — 0 25 I 1 23 1 20 «oom�n w\une-Aex-z of/n/ao CITY OF LAQUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT ON -SITE IMPROVEMENTS TRACT 288384 THIS SUBDIVISION IMPROVEMENT AGREEMENT for ON -SITE IMPROVEMENTS (the "Agreement") is made and entered into this WAS� day of 2000, by and between Rielly Homes Madison, LLC, a Delaware 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 (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract 28838-4 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private on -site improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security per the security schedule identified on Exhibit A attached hereto and made a part hereof. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty, security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing the obligations thereby secured, including engineering design if the improvement plans were not complete at the time this agreement was made. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 312 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. Rielly Homes Madison, LLC — Tract 28838-4 Page 1 of 6 012 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements 313 secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 013 Rielly Homes Madison, LLC — Tract 28838-4 Page 2 of 6 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to 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 314 construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 014 Rielly Homes Madison, LLC — Tract 28838-4 Page 3 of 6 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement 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. 315 015 Rielly Homes Madison, LLC — Tract 28838-4 Page 4 of 6 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 316 Rielly Homes Madison, LLC — Tract 28838-4 Page 5 of 6 016 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: By: = i Title: Vzi- � k�7�= By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 Rielly Homes Madison, LLC 23 Corporate Plaza, Suite 245 Newport Beach, CA 92660 (949) 719-4975 Date Date 31'7 Rielly Homes Madison, LLC — Tract 28838-4 Page 6 of 6017 Exhibit A TRACT 28838-4 ON -SITE IMPROVEMENTS SECURITY On -Site Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. On -Site Improvement Description Grading Street & Drainage Improvements Domestic Water Sanitary Sewer Underground Electrical Monumentation Performance $99,803 $241,007 $159,012 $102,300 $100,000 8 540 Totals: $710,662 Labor & Materials $99,803 $241,007 $159,012 $102,300 $100,000 —$0 $702,122 318 018 STATE OF CALIFORNIA ss. COUNTY OF On before me, t • U 1) �� Qla.%NAQ" , Name, Title, .g., "Jane Doe, Notary Public" personally appeared: - �W [personally known to me -- OR -- C. UML C ""1111Mon#F I? 13 �W C= �artr#O wepContm,f�pisAAor17,� Name(s) of Signer(s) ❑ P�'ed-�s-r��►�t#e-b -to--be- person(.ej' whose nameJ4 is/are subscribed to the within instrument and acknowledged to me that he/shu tftey executed the same in his/her/their authorized capacity(4r), and that by his/her/th'eir signatureW on the instrument the person, or the entity upon behalf of which the person{&) acted, executed the instrument. Witness my hand and official seal. OPTIONAL Though the data below are not required by law, the information may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER: ❑ ndividual Corporate Officer: Titles) ❑ Partner(s): ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: SIGNER IS REPRESENTING Name of Person(s) or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Number of Pages SIGNERS (Other then named above) H 9 T4'!t 4441Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 19, 2000 CONSENT CALENDAR: 17 ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 29283, Rancho La PUBLIC HEARING: Quinta Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29283, Rancho La Quinta. None. None. Tract 29283 is located east of Washington Street and north of Avenue 50, (Attachment 1) and consists of 59 residential lots (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of September 11, 2000, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (October 19, 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\000919h.wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29283, Rancho La Quinta; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29283, Rancho La Quinta; or 3. Provide staff with alternative direction. Respectfully submitted, Tiri"s A. Vog- ublic Works Attachments: rector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 3 2) 1 002 T:\PWDEPT\COUNCIL\2000\000919h.wpd RESOLUTION NO. 2000- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 29283, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Tract 29283 is conditionally approved provided the subdivider submits all required items on or before October 19, 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 322 subdivider has completed the following requirements to the City Engineer's satisfaction. 30 A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on October 19, 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 19th day of September, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PEI A, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. 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Gy'Y N � ,L9,LLt0 N � SIa p co C• 1p1 02 s0fjt z a�qa<�b�^a'as�agsas�sz��a�'ssNes�R's��ga's'sa..�oo.$ R's.a.� ag`Y;�'�R�q,�"�n�a4.�-�ry9t��i8$ns ai ox,$en000�ia ooi�$`$g��ry�a, Z' rv�:a"', Y «�Ego EBSSSFfRS�SB�xREFRRRR R,R891R^63RRx8 g � �..01§n§R^R::��..lt�S^ 8t88§9^x«�'3�n33g�R��«St««3X3rx?XIt�sRB k's�nY��B«`R9tn�8RRR^oRRx'R`�B�xY,R'"'R3`313RS� bAAh�,laHb�l. Abbbbl.at j. hib tt, bgi eY5lbxis-�.. ^..6--Nb:•'vhbhb�h •gr�+C I r� ^ ul n s _ (a�G .LtAL.to N I 'I C Id J '81a os „J„ 10l (5WE "ON J-CDca.L ttL I a^N m '-z°N 0111 rr 329 r111) CITY of LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT 29283 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 2000, by and between T. D. Desert Development Limited Partnership, a Delaware Limited Partnership, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract 29283 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A.third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security per the security schedule identified on Exhibit A attached hereto and made a part hereof. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured, including engineering design if the improvement plans were not complete at the time this agreement was made. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 330 T. D. Desert Development Limited Partnership — Tract 29283 Page 1 of 6n 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.6., 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). 331 T. D. Desert Development Limited Partnership — Tract 29283 Page 2 of fjn 13 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. 332 D. Desert Development Limited Partnership — Tract 29283 Page 3 of 6 014 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 Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond 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. 333 D. Desert Development Limited Partnership — Tract 29283 Page 4 of 6 J 15 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 334 T. D. Desert Development Limited Partnership — Tract 29283 Page 5 of 6 016 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 Date City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 SUBDIVIDER: T. D. Desert Development P. O. Box 1716 La Quinta, CA 92253 (760) 777-7747 By: Date Title: By: Date Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date 335 T. D. Desert Development Limited Partnership — Tract 29283 Page 6 of 6 017 Exhibit A SECURITY - TRACT 29283 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $39,693 $39,693 Street and Drainage Improvements $450,167 $450,167 Domestic Water $175,354 $175,354 Sanitary Sewer $116,694 $116,694 Underground Electrical $147,500 $147,500 Monumentation $15,000 $0 Traffic Signal (Ave 50 & Orchard) $65,000 $0 Offsite Street Improvements (Participatory) $926,400 $0 Totals: $1,935,808 $929,408 336 018 T4t!t 4 4 Q" COUNCIL/RDA MEETING DATE: September 19, 2000 ITEM TITLE: Approval of a Request for Proposals to Provide Design Services for the Montero Estates Sound Wall AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: n Authorize staff to distribute a Request for Proposals (RFP) for the design of the Montero Estates Sound Wall, Project No. 2000-12 and appoint a Consultant Selection Committee. None at this time. Project funding sources and available amounts are: Infrastructure Fund $ 67,949.00 DIF Transportation Fund $410,000.00 TOTAL $477,949.00 Anticipated funds have been budgeted as follows: Administration $ 35,000 Engineering $ 67,949 Construction $350,000 Inspection/Testing $ 25,000 TOTAL $477,949 The project is being funded entirely through local developer impact fees. Subsequently, it is intended the project be bid as a non -prevailing wage improvement. As such, the City is likely to realize some reduction in construction costs. In October 1996, Gordon Bricken & Associates, Acoustical and Energy Engineers, prepared an analysis of all sound study reports completed for Washington Street including the area fronting Montero Estates. 337 T:\PWDEPT\CO U NC I L\2000\000919g. wpd On February 16, 1999, a Study Session was conducted to discuss the sound attenuation along Washington Street fronting the Montero Estates tract. During the Study Session it was determined that additional clarifications were necessary in regard to: Determining the type of mitigation that would be required along Washington Street to insure noise reduction within Montero Estates to levels indicated in the City's General Plan; Analyzing the need for sound walls along Avenue 50 fronting Montero Estates; Determining whether construction of sound walls along Washington Street would actually increase noise levels within Montero Estates to the interior portion of the tract; Determining whether construction of sound walls along the west side of Washington Street would create a reflective noise issue for residents along the east side of Washington Street; and Determining whether a barrier constructed within the median of Washington Street would effectively reduce noise levels from one half of Washington Street. On March 16, 1999, the City Council authorized Korve Engineering to proceed with an Acoustical Analysis of the Montero Estates for road noise from Washington Street and Avenue 50. The analysis was completed by Gordon Bricken & Associates, and the report was transmitted to the City Council on June 11, 1999. The analysis consists of conducting sound measurements within the Montero Estates Tract at 15 locations, including locations fronting Washington Street, Avenue 50, and other areas within the tract. Calculations were completed projecting the noise level to the City's "build out" condition in order to determine if the General Plan limit of 60 dBA CNEL could be achieved. Additional calculations were completed to indicate any reflective sound to the east side of Washington Street (if a sound wall were constructed along the west side of Washington Street), and to determine if noise levels in the interior of the tract would increase with the construction of a sound wall fronting Washington Street and Avenue 50. The analysis included various heights of wall to determine whether wall height would increase levels of sound to the interior of the tract. The effect of reflective sound from the proposed wall on the west side of Washington Street to the properties on the east side of Washington Street was also analyzed. Another method of reducing noise levels would be to overlay Washington Street with a rubberized asphalt pavement. Studies have indicated that rubberized asphalt provides a stronger structural section and decreases noise levels 3 - 5 dBA. The estimated cost for overlaying Washington Street with a 1 '/2 " thick rubberized asphalt is approximately $300,000. However, this option would not fully mitigate the noise levels. 338 002 T:\PWDEPT\COUNCIL\2000\000919g.wpd On December 7, 1999, the City Council approved a contract change order to the E.L. Yeager Washington Street bridge improvement contract to install rubberized asphalt on Washington Street, north and southbound lanes, from 320' south of the Washington Street Bridge to 1,450' 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. The Request for Proposal (RFP), Attachment 1, solicits proposals from qualified engineering consultants to prepare plans, specifications, and probable construction estimates (PS&E) for the Montero Estates Sound Wall, Project 2000-12. The successful design engineer shall prepare a minimum of three sound wall design alternatives which graphically illustrate the suggested aesthetic detail for the type of block, color, texture, and layout. The Consultant Selection Process outlined within City Resolution 96-80 shall be followed. This process is as follows: 1. The City Council shall be notified of the need to contract for professional services. 2. A Selection Committee shall be formed of members competent to judge the qualifications of firms for the specific services requested. The City Council may appoint one or two members to participate in or observe a staff selection procedure or may elect to function, itself, as the Selection Committee. 3. The Selection Committee shall review the qualifications of firms available to provide the specific category of services required. The Committee is authorized to issue a Request for Qualifications Statements (RFQ) if deemed necessary. 4. The Selection Committee shall select a short list of the most qualified firms. 5. RFP's shall be issued to firms appearing on the short list. 6. The Selection Committee shall review and rank the short-listed firms based upon the selection criteria. 7. The proposals of the top ranked firm shall be reviewed to determine the apparent fair value of the proposal. 8. Negotiations with the top -ranked firm shall proceed until a mutually acceptable contract is developed. With this report, the City Council is notified of the potential need to contract for professional services in excess of $10,000. 339 T:\PWDEPT\COUNCIL\2000\000919g.wpd 003 Staff suggests the City Council appoint the Consultant Selection Committee consisting of the following members: • Chris A. Vogt, P.E., Public Works Director/City Engineer • John M. Freeland, Senior. Engineer • Nick Nickerson, Contract Project Administrator The alternatives available to the City Council include: 1 . Authorize staff to distribute a Request for Proposals (RFP) for the design of the Montero Estates Sound Wall, Project No. 2000-12 and appoint a Consultant Selection Committee; or 2. Do not authorize staff to distribute a Request for Proposals (RFP) for the design of the Montero Estates Sound Wall, Project No. 2000-12 and do not appoint a Consultant Selection Committee; or 3. Provide staff with alternative direction. Resp ctfully submitted, Ch s A. o Public Works irector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Request for Proposal E T:\PWDEPT\COUNCIL\2000\000919g.wpd 004 11, &fZHMENT 1 CITY OF LA QUINTA REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES MONTERO ESTATES SOUND WALL, PROJECT NO. 2000-12 The City of La Quinta requests proposals from qualified professional engineering consultants to prepare plans, specifications, and estimates (PS&E), and contract bid documents for the City of La Quinta Montero Estates Sound Wall, Project No. 2000-12: Project Location: The proposed Montero Estates sound wall shall be located on Washington Street from Eisenhower Drive to Avenue 50, and on Avenue 50 from Washington Street to approximately 1,300 feet west. Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: • Perform project management and schedule maintenance; • Perform appropriate engineering related field survey, and base map preparation; • Perform utility coordination and obtain clearances; • Perform an analysis of the Acoustical Study prepared by Gordon Bricken & Associates, attached; • Prepare a minimum of three sound wall design alternatives which graphically illustrate the suggested aesthetic detail for the type of block, color, texture, and layout; • Prepare project plans, specifications and engineers estimates of probable construction costs; • Prepare staff reports as necessary to relevant City Commissions and City Council. Project Development Process Generally, the project development process will be as follows: 1. Project Kick-off A. Initial meeting between the consultant and City staff to identify project design constraints and objectives. B. Consultant will prepare three preliminary concept drawings as outlined in the project description and present to staff for review and comment. T:\PWDEMV ROJECTS\2000Prycis\2000-12Montero\MonteroRFP."d 341 006 C. Based upon input received from staff, consultant will revise the improvement plans and concept plans for approval by staff. 2. Agency Approval A. Consultant will submit improvement plan, concept plans, and/or other necessary documents to City to obtain approval. B. Based upon comments received from the City, consultant will revise the preliminary Plans, Specifications, and Estimates (PS&E) and resubmit. C. Staff approved PS&E will be submitted to the La Quinta City Council for review and Comment. Consultant will be expected to prepare any necessary supporting documentation. D. Based upon comments received from the City Council, consultant may be required to make additional corrections to the Plans, Specifications, and Estimates (PS&E). E. All approved plans will be provided to the City on compact disk in AutoCAD 12 format, as well as on "D" size Mylar and on 11 "X 17" bond format. The project specification documents, including technical specifications, will be provided on 3 '/2" disks in Word Perfect 7.0 for Windows format. The Engineer's estimate will be provided in Quattro Pro 7.0 for Windows format. 3. Bidding Phase The consultant will be expected to provide assistance in preparing the necessary documents and coordinate advertisement of the project for bid. Technical support during the bidding and award process will also be required. 4. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes provided by the City, clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before October 5, 2000. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: John M. Freeland, Senior Engineer City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 T:\P WDEPTNPRO] ECTS\2000Prj ets\2000-12M ontero\MonteroRFP."d 34? 007 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 4 copies A. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and subconsultants. (2) Consultant's and subconsultant experience with similar work, including names and current phone numbers of reference for listed projects. C. Project Understanding and Approach A description of your project understanding and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provided. E. Project Schedule A comprehensive Critical Path Method (CPM) schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting October 18, 2000 as the start date. The La Quinta City Council meets the V and 3`d Tuesday of each month. The project schedule should include all approvals expected during the project period. 2. Cost Proposal (envelope 2) The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each task and/or sub -task defined. T:\PW DEPTPRO]ECTS\2000Pgcts\2000-12Montero\MonteroRFP.wpd 343 R11-1 Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contact negotiations with the top ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. T:\P W DE MPROIECTS\2000Nets\2000-12Montao\MonteroRFP."d 344 009 CITY OF LA QUINTA REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES MONTERO ESTATES SOUND WALL, PROJECT NO.2000-12 COST PROPOSAL SHEET The following is a summary of costs to provide the services outlined in the Request for Proposals for Professional Engineering and Design Services for Montero Estates Sound Wall, Project No. 2000-12 and will be used as the basis for negotiating a Professional Services Agreement: Preparation of the Plans, Specifications, and Estimates Proposed Cost 1. Acoustical Engineering Services 2. Preparation of Plan, Specifications and Estimates TOTAL LUMP SUM FIXED FEE: $ Attached herein is a detailed man-hour and fee breakdown for the tasks and sub -tasks defined in our proposal. Prime Consultant Date Signed TAPWDEMVPOJECTS\2000Prjcts\2000-12Montero\MonteroRPP."d 345 010 Ce.41 s T4t!t 4 44" MEMORANDUM TO: Honorable Mayor and City Council FROM: Chris A. Vogt, Public Works Director/City Engineer DATE: September 18, 2000 SUBJECT: September 19, 2000 City Council Meeting Consent Calender Item No. 18 The above referenced consent calendar item is to approve a Request for Proposals for the design of the Montero Estates sound wall. This memorandum is to inform you of a clarification proposed for the Request for Proposal. That clarification would be on Page 006 (Page 1 of the Request for Proposals) - Services Requested bullet point no. 5. A sentence is to be added as follows: The sound wall designs will be completed with a goal to obtain a sound level within Montero Estates of 60 dba CNEL or less in accordance with the City of La Quinta's General Plan. The proposal will be changed to reflect this addition prior to issuance. If you have any additional questions, please feel free to contact me. CAV/acs cc: Thomas P. Genovese, City Manager June S. Greek, City Clerk are Tjht 4 4 Q" COUNCIL/RDA MEETING DATE: September 19, 2000 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Participation in the American PUBLIC HEARING: Cancer Society's Relay for Life Event on October 14-15, 2000 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The registration cost for each team member is $10. The American Cancer Society recommends a minimum of 15-20 people per team, therefore, the cost for the City's sponsorship of 15-20 team members would be$150-$200. In turn, each team member is requested to solicit $100 in donations (Attachment 1). The estimated total cost of the City's sponsorship would be $150 to $2,200 depending on the number of team members and the chosen donation amount. The sponsorship of this team could be considered a Community Service Grant and funds allocated from the Special Projects Contingency Account, # 101-251-663-000. As of this report, the Special Projects Contingency Account has a balance of $48,790 as identified in Attachment 2. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The American Cancer Society is hosting a "Relay For Life" team event to raise funds to fight cancer. This event will be held at the La Quinta High School athletic track on October 14-15, 2000. The City is being asked to provide a team for the event. At the August 15, 2000 City Council meeting, the City Council authorized the funding of "Relay for Life" event by participating as a "Silver Sponsor" in the amount of $2,500 to host the Movie Tent at the event. The sponsorship of a team is separate from commitment as a the Silver Sponsor for the event. The format of the event is as follows: Teams are formed of members of the community. The team assembles at the La Quinta High School athletic track. After an opening ceremony, the team members begin the event, in which at least one team member walks3 4 7 or runs on the track at all times, for a total of 24 hours. Should the City Council authorize participation in this event, staff could invite participation from City Council and other City commissions, boards and committees or community organizations as deemed appropriate by the City Council. Staff is seeking direction from the City Council as to the level of City team sponsorship for this event. The following sponsorship options are available for City Council consideration: • $10 registration fee per team member , up to 20 people for an amount of $200 • $10 registration fee per team member and a pre -determined amount less than $100 per team member, up to 20 people to be applied toward the Society's donation request, for a total amount not to exceed $2,180 • $10 registration fee per team member and $100 per team member, up to 20 people to be applied toward the Society's donation request, for a total amount not to exceed $ 2, 200 • Team members to solicit registration fee and donations from the community for this event FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize participation in the American Cancer Society's "Relay for Life" event to be held on October 14-15, 2000, and authorize up to $2,200 from the Special Projects Contingency Account for sponsorship: and 2. Direct staff to invite participation from specific City commissions, boards and committees; and/or community organizations as deemed appropriate by the City Council; or 3. Do not authorize participation in the American Cancer Society's "Relay for Life" event; or 4. Provide staff with alternative direction. Res ctfully submitted, Dodie Horvitz, Qunmunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. "Relay for Life" Fact Sheet 2. Community Services Grant Balance S:\Community Services\CCReports\CC.058.wpd ATTACHMENT 1 WHAT IS IT? Relay for Life is a 24-hour community campout that allows people from all walks of life to join together to fight cancer. Participants include cancer patients and survivors, physicans and medical support staff, business and civic organizations, churches and community volunteers. TEAM PARTICIPATION: Teams are formed by people taking turns walking or running in shifts, with at least one person on the track at all times. Each team member pays a $10 registration fee and is encouraged to raise a minimum of $100 to earn a t-shirt. Teams can be organized by friends, relatives, co-workers, interest groups, clubs, schools, churches and other community organizations. CEREMONIES: The Relay for Life opens as cancer survivors walk, run or wheelchair the first lap to great fanfare from the crowd. This is an emotional time and sets the stage for the importance of each participant's contribution. The luminary ceremony is held after dark to honor cancer survivors and to remember those who have lost their battle against cancer. Thousands of paper bags with lit candles line the track to remind friends and loved ones of the incredible importance of their contribution. WHY DO WE DO IT? One in three Americans will get cancer in their lifetime. One in eight women will be diagnosed with breast cancer. Everyone is personally affected by cancer, sooner or later. Today, slightly more than half of cancer patients survive. This survival rate can be increased through more research and greater community awareness of health issues. Relay for Life gives everyone an opportunity to fight back- -to make a difference in the battle against cancer! RE A 91 �r A TERM EVENT TO FMHT CANCER 004 349 Beginning Balance August 15 August 15 August 15 August 15 August 15 Balance ATTACHMENT 2 Community Services Grants Fiscal Year 2000-01 Account # 101-251-663-000 Meals on Wheels Program $4,000 Transportation and Assistance La Quinta Arts Association $4,000 Insurance Fees Soroptimist Club $4,070 Triangular Adoption Program $3,640 "Relay for Life" $2,500 Silver Sponsor -Movie Tent $67,000 $48,790 350 005 T4tyl 4 4 Q" COUNCIL/RDA MEETING DATE: September 19, 2000 ITEM TITLE Consideration of Art Panels for Bus Shelters RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve four designs to be constructed as art panels and installed at future bus shelters, as presented by Mr. Art Fernandez. FISCAL IMPLICATIONS: The City of La Quinta has issued payment to Mr. Fernandez to complete two pieces of art work for Fritz Burns Park in Fiscal Years 1997/98 and 1998/99. When Mr. Fernandez was unable to produce the art work, the City of La Quinta entered into a Settlement Agreement and Release wherein Mr. Fernandez was to produce seven bus shelter art panels with a value equal to the amount the City had previously paid Mr. Fernandez for the Fritz Burns Park art work. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council entered into an Settlement Agreement and Release (Agreement) (Attachment 1) with Mr. Fernandez to produce seven art panels for installation at future bus shelters. The agreement specified that Mr. Fernandez produce seven designs for the Cultural Arts Commission's (Commission) consideration at the February 10, 2000 meeting. The Commission was to then forward a recommendation regarding the designs to the City Council for consideration. The Commission reviewed ten designs provided by Mr. Fernandez, and made a recommendation that the City Council consider designs numbered 2, 3, 4, 8, 9 and 10, as provided in Attachment 2. The Commission requested that Mr. Fernandez provide an additional sketch representing the Ocotillo plant for City Council consideration. This additional design is provided as Attachment 3. 351 On March 7, 2000, the City Council approved three concepts, as provided in Attachment 4. Mr. Fernandez was directed to provide four additional concepts, one concept was to incorporate the image of the City mascot, the quail. Mr. Fernandez has provided four concepts for City Council consideration, one of which incorporates a quail into the design. The concepts are provided as Attachment 5. Mr. Fernandez will be encouraged to attend the September 19, 2000 City Council meeting to represent his concepts as well as discuss modifications to the concepts, should the City Council so direct. Per the Agreement with Mr. Fernandez, the fabricated art panels are due to the City by October 30, 2000. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve four designs to be constructed as art panels and installed at future bus shelters, as provided by Mr. Art Fernandez; or 2. Do not approve designs to be constructed as art panels; or 3. Provide staff with alternative direction. Respectfully suomitted, Dodie Horvitz, G6mAAunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Settlement Agreement and Release 2. Designs Presented to the Cultural Arts Commission 3. Design Presented by Mr. Fernandez Representing an Ocotillo 4. Minutes from the March 7, 2000 City Council Meeting 5. Concepts for Art Panels 352 002 S:\Community 8ervices\CCReports\CC.070.wpd Jan-14—UU iv. adii, rf um-Itu�ro� • .� �rn ..� ....__.. ATTACHMENT 1 SETTLEMEIT AGREEMENT AND RELEASE THIS SETTLEMENT AGREEMENT AND RELEASE ("Agreement") is made and entered into in Riverside Couary, California, as of January 2000, by and between Art Fernandez ("Fernandez"), and the City of La Quinta ("City"), with reference to and based upon the following: RECITALS A. The City riled a complaint for Breach of Contract against An Fernandez oa February 22, 1999, in Riverside Superior Court entitled City of La Quinta V. Art Fernandez, Case No. INC 011000 ("Action"). The Action relates to an Art Purchase Agreement for artwork to be installed at Fritz Burns Park in La Quinta Califomia. B. The City alleges in the Action that Fernandez breached the Art Purchase Agreement. Fernandez denies the allegations. C. The City and Fernandez have resolved their dispute regarding The Action. They have thus executed and delivered this Agreement in settlement of the Action. AGREEMENT NOW, THEREFORE, in consideration of the above Recitals and the agreements contained herein, it is mutually agreed upon by and among the parries hereto as follows: 1. Obligation~ of Fernandez: Fernandez agrees that on or before February 4, 2000, at 10-00 a.m., he will deliver to the City, to the attention of Dodie Horvitz, sketches depicting seven (7) bus shelter art panels to he designers and crafted by Fernandez. Faeh panel shall he 75 inches high and 59 inches long -1- 01-14-00 11:08 RECEIVED FROM:+7145469035 .33 004 Jan-14-00 10:14am 1,rom-Ituian & IW6&tk LLY and shall be similar in design and material to the panel which Fernandez has prepared on the northwest corner of Highway 111 and Jefferson Street in the City. Fernandez further agrees to deliver to the City, on or before October 30, 2000, seven (7) bus shelter an panels which are consistent with the skeichings submitted by Fernandez, as approved by the Cultural Arts Commission and the City Council. Fernandez agrees to deliver the panels at no costs to the City. Fernandez further agrees to attend the Cultural Arts Commission meeting on the evening of February 10, 2000. and the City Council meeting on March 7, 2000, in order to explain his concept for the panels and answer any questions and address any concerns raised by the Corrtrnissioa or Council. Fernandez further agrees to revise his sketches and dcsignN, as necessary, to meet the approval of the Commission and Council. 2. Oblieations of the Citv: The City staff shall present the sketches depicting the seven (7) bus shelter art panels to be designed and crafted by Fernandez to the Cultural Arts Commission on February 10, 2000, and to the City Council on March 7, 2000. The City staff shall coordinate with Fernandez to facilitate any necessary revisions to his sketches and designs necessary to meet the approval of the Commission and the Council. Once the panels are received, the City shall store them and coordinate their installation as bus shelters are developed within the City_ The City shall file a request for dismissal the Action, with prejudice, within five (5) business days of the execution of this Agreement. 3. Release: (a) In consideration for the agreements of the parties as set forth herein, the parties hereby release each other, and each others employees, agents, commissions, councils, attorneys, and other representatives (collectively the "Released Parties"), of any and all claims, actions and causes of action, obligations, liabilities, indebtedness, breaches of duty, clans for -1- 01-14-00 11:08 RECEIVED FROM:+7145469035 354 00. J2n-14-00 10:14am From-RUTAN d TUCKER LLP t „ 4D460u.;v . _ _ injunctive and other equitable relief, suits, liens, losses, costs or expenses, including attorneys' fees, of any nature whatsoever, known or unknown, fixed or contingent, arising out of, based upon or relating to the facts or allegations contained in the Recitals herein, and all claims relating in any ma mer to the Action or to the Art Purchase Agreement which is the subject of the Action. This release shall not apply to the obligations of this Agreement. (b) Waiver of Civil Code Section 1542: By releasing and forever discharging claims both known and unknown as above provided, the parties expressly waive any rights under California Civil Code Section 1542, which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS 'WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST LN HIS FAVOR AT THE TWE OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Each party waive and relinquish any rights and benefits which he or it had or may have under Section 1542 of the Civil Code of the State of California. Each parry has performed a full and complete investigation of the facts pertaining to the settlement_ Nevertheless, each party acknowledges that he/it may hereafter discover facts in addition to or different from those which he/it now knows or believes to be true with respect to the subject matter of this Agreement, but it is hisiits intention hereby to fully and finally forever settle and release any and all matters, disputes and differences, known or unknown, suspected and unsuspected, which now exist, may exist or heretofore have existed, as against the Released Parties relating in any way to the Action and, in furtherance of this intention, the release herein given shall be and remain in effect as a full and complete general release notwithstanding discovery or existence of any such additional or different facts. -3- 01-14-00 11:08 RECEIVED FROM:+7145469035 355 O06 Jan-14-00 10:15am From-RUTAN i TUCKER LLP Ti,404MiZ; ,-a... 1 4. JxecuYo�n_Nol an Admission: By entering into this Agreement, no party hereto admits that the claims or contentions of the other were or are valid or meritorious. Each party hereto has in the past denied and continues to deny the claims, assertions, allegations and contentions of the other and this Agreement and the underlying settlement are strictly for the purposes of compromising a dispute. 5. Advice of Counsel: The undersigned and each of them hereby declare and represent that in effecting this Agreement, each has received full legal advice as to their respective legal rights and each hereby certifies that be or it has read all of this Agreement and fully understands the same. 6. Additional Documents and Instruments: Each of the parties hereto agrees to execute and deliver to each of the other parties hereto all additional documents, instruments and agreements required to take such additional actions as are required to implement the terms and conditions of this Agreement. 7. Attorneys' Fees to F-nforce A reement: In any proceeding at law or in equity to enforce any of the provisions or rights under this Agreement, the prevailing parry shall be Entitled to recover from the unsuccessful party all costs, expenses and reasonable attorneys' fees incurred therein by the prevailing party (including without limitation such costs, expenses and fees on any appeals) and if such prevailing parry shall recover judgment in any such action or proceeding, such costs, expenses, including those of expert witnesses, and attorneys' fees shall be included in and as part of the judgment. S. Applicable Law: The parties hereby agree that this Agreement is made, executed and entered into and is intended to be performed within the State of California and that this is a California agreement and is to be construed as such. -4- 01-14-00 11:09 RECEIVED FROM:+7145469035 3 J G -_ 00 Jan-14-00 10:15am From-RUTAN i TUCKER LLP 47145469035 T-W F 06/07 F-1-4a 9. Integration: This Agreement contains the entire agreement and understanding concerning the subject hatter herein, and supersedes and replaces any prior negotiations and agreements between the parties, whether written or oral. Each of the parties acknowledges representation by counsel throughout all negotiations which preceded the execution of this document and the document has been executed with the consent and upon the advice of counsel_ Each of the parties aelmowledges that no party or agent or attorney of any other party has made any promise: representation, or warranty, express or implied, not contained in this Agreement, to induce the other parry to executc this instrumen. 10. Warranty of No 111idue liOuenc : The parties hereby warrant and represent that they are not aware of any duress, menace, fraud, coercion, or undue influence which has caused any party to enter into this Agreement. Each of the parties hereby warrants and represents that it is not aware of any acts or conduct by which, in executing this Agreement, the mind of any of the parties hereto has been overcome by the will of another person. 11- Arrorneys' Fees and Costs Previously Incurred: Each party shall be responsible for their or its own costs, attorneys' fees, and expert witness fees, incurred in connection with the Action. 12, Construction of Agreement: This Agreement shall be construed as if ii were drafted by all parties. 13. Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original instrument. 01-14-00 11:09 -5- RECEIVED FROM +7145469035 3 J 7 008 Jan 25 00 05:59P B. PALMER RIEDEL 76Z-772-5586 9:!25i?a00 99:32 1707771231 EO COWUNITv SERVICE Po-E 86 IN WITNESS WHEREOF, the parties hereto have exmutcd this Settlement Agreement and Release . DATED: Januuy), 2000 APPROVED AS TO FORM: Defendant Art Fer aadez DATED: January ;WW ATTESTED: Greek, C4 Clerk City of Ls Qu APPROVED AS TO FDRM: �� Dawn C. Honeywell, City Anormy Art Fernandez -rj -- N CITY OF QUINTA ou. '11 w .. r APPROVED AS TO FORM: /// -2�� A", "--. M. arise , Rutan & Tucker. LLP Attomeys for PWmiff City of La Qulnm -6- P.6 358 009 ATTACHMENT 2 i 2 i i� 359 010 3 q. FERNP\-N,DEZ 3GO U11 5 n l ZO, t ��c 11 •1 �. � y} i _ y 4 + R 1 I � 1 l 361 012 1. I, -it. / r 013 363 014 on• 364 015 365 _ --Na T��...- - 366 . 017 FROM PHONE NO. ; ' .� ` - - � .14, ' ATTACHMENT-~ ~° City Council Minutes 4. 6� ATTACHMENT 4 14 March 7, 2000 MOTION - It was moved by Council Members Sniff/Adolph to appropriate ,an additional $29,000 from Redevelopment Project Area No. 1 Funds toward the Calle Rondo Drainage Channel Improvements and award a contract in the amount of $165,105.70 to Nottson Construction, Inc. to construct Project No. 98-1 1, Calle Rondo Drainage Channel Improvements, defined within the Base Bid Area and Add Alternate Bid Schedule 1. Motion carried unanimously. MINUTE ORDER NO. 2000-47. CONSIDERATION OF ART PANELS FOR BUS SHELTERS. Community Services Director Horvitz introduced the staff report and advised the Cultural Arts Commission is recommending designs 2, 3, 4, 8, 9, and 10 and requested additional sketchs depicting an Ocotillo plant, which is provided as Attachment 3 for Council's consideration. Council discussed the designs and indicated a general dissatisfaction with the selections available. Mayor Pena suggested Council consider the designs on an individual basis and indicate their preferences, which resulted in Council Members Henderson, Perkins, Sniff, and Mayor Pena selecting Design #2, all members selecting ®" Design #6, and Council Members Henderson, Perkins, and Sniff selecting Design #9. Council Member Perkins suggested the artist be asked to present a design incorporating the image of the City mascot, the quail. MOTION - It was moved by Council Members Sniff/Henderson to request the artist to submit four additional designs to complete the required seven art panels for bus shelters, one of which should depict a quail motif. Motion carried unanimously. MINUTE ORDER NO. 2000-48. CONSIDERATION OF CRITERIA AND METHODS FOR THE SELECTION OF INDIVIDUALS FOR THE CIVIC CENTER CAMPUS ACKNOWLEDGMENT AREAS. Council concurred with the recommendation of Council Member Perkins to reorder this matter to the end of the agenda due to the length of time it was expected to take. (See Page 16) 368 �. 019 FROM PHONE NO. : Apr. 10 2000 01:47PM P2 ATTACHMENT 5 KK 020 FROM PHONE NO. Sep. 11 2000 11:50AM P4 FROM : PHONE NO. : Sep. 11 2000 11:50AM P3 --_. _.11 022. FROM : PHONE NO. : Sep. 11 2000 11:49RM P2 T4ht 4 4 4" COUNCIL/RDA MEETING DATE: September 19, 2000 ITEM TITLE: Consideration of the Purchase of a "Gamby the Quail" Mascot Costume RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the purchase of a new "Gamby the Quail" mascot costume and authorize the funds from the Marketing Account # 101-103-643-823 in an amount not to exceed $7,000. FISCAL IMPLICATIONS: The cost of a new mascot suit is anticipated not to exceed $7,000. The actual cost will be determined as the details to be included as part of the costume are finalized. At the June 20, 2000 City Council meeting, the Council approved the Marketing Plan with Kiner/Goodsell in the amount of $217,300 and set aside $34,200 for additional marketing efforts by staff. The "Gamby the Quail" costume is used as a marketing tool and could be funded by the additional marketing budget as set aside by the City Council. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the May 16, 2000 City Council meeting, the Council discussed the Fiscal Year 2000-2001 Marketing Plan in a Study Session. During the discussions the issue of a new "Gamby" suit was brought forth as provided in Attachment 1. At the June 20 City Council meeting, the City Council discussed the Marketing Plan. A new "Gamby" costume was listed in the staff report (Attachment 2) as discussed at the May 16, 2000 meeting. The final action of the City Council was to present the purchase of a new "Gamby" costume for consideration on a future agenda, as provided in Attachment 3. 373 The costume designer "Total Fabrication" has been recommended by the Red Robin corporate headquarters as being a company that provides mascot costumes within budget and designed to the customer's specifications. Staff met with Mr. Ken Hall, the owner of Total Fabrication to review the current "Gamby" costume for recommendations on modifications to the existing costume. It was the professional opinion of Mr. Hall that the current suit be totally redesigned for comfort to the wearer as well as presenting a "friendly" appearance. Mr. Hall recommends the fabric of the revised suit consist of a short plush material. The current suit has long plush material and tends to mat unless "groomed" on a regular basis. A short plush does not require "grooming" and will retain its look for a longer period. The appearance of feathers on the body of the suit can be accomplished by the use of stitching or a high quality fabric paint to create that effect. The head of the current costume is a "bucket" form, sitting directly on the shoulders of the wearer. The concept for the revised costume will consist of the costume head, which contains a "helmet" inside the head, for the wearer to strap around their chin. The helmet allows the wearer to perform animated effects, as there is more control of the costume head. The helmet also provides additional air flow through the head part, as the head does not sit directly on the shoulders of the wearer. The current head does not provide adequate flow -through ventilation for the person inside. The helmet aspect allows for adequate ventilation. The eyes and cheeks of the proposed costume will be exaggerated to give the appearance of friendliness. The legs of the current costume consist of "pants" with simulated feathers. The proposed costume will have tights as the leggings. The tights provides a "cartoon" effect as well as allowing some air to flow through, to help avoid overheating of the wearer inside the costume. The proposed body of the new costume ends at the upper leg area of the wearer, to allow for smooth walking gestures. The current "feet" of the Gamby suit do not stay on during a performance. The proposed "feet" will be designed much like a regular shoe, which will stay on the wearer's foot throughout any performance. The current design of the Gamby feet represents a bird foot. Total Fabrications can produce feet that represent actual bird feet. The "arms" of the proposed suit will be made of short plush material and will have simulated feathers produced either by stitching or fabric paint. 374 002 S:\Community Services\CCReports\CC.067.wpd Total Fabrication has provided preliminary information on the concept of a new costume as provided in Attachment 4. The "Gamby" costume concept presented by Total Fabrication is a preliminary concept. Should the City Council approve the expenditure of funds for a new costume from Total Fabrication, the company will work with staff to achieve the actual costume the City desires, as provided in Attachment 5. The City of La Quinta's Mascot "Gamby the Quail" is scheduled to appear at the Coachella Valley Recreation and Park District's Oktoberfest on October 13, 2000 and the Palm Desert Golf Cart Parade on November 12, 2000. Should a new costume be approved, the existing costume will be used until the new costume is completed. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the purchase of a new "Gamby the Quail" mascot costume and authorize the funds from the Marketing budget, Account #101-103-643-823 in an amount not to exceed $7,000; or 2. Do not approve the purchase of a new "Gamby the Quail" mascot costume; or 3. Provide staff with alternative direction. Respectfully suomitted, DocTie'Horvitz, _Car unity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Minutes of the May 16, 2000 City Council Meeting 2. City Marketing Plan Staff Report, June 20, 2000 3. Minutes of the June 20, 2000 City Council Meeting 4. Quote and Promotional Materials From Total Fabrication 5. E-mail From Total Fabrication 375 003 S:\Community Services\CCReports\CC.067.wpd ATTACHMENT 1 City Council Minutes 9 May 16, 2000 response to Council Member Sniff, Mr. Speer reviewed a ing of the to and advised water runoff in the tunnel will drain into et well and be pumpe k onto the Norman Golf Course. Council concurre ail notices of the sUp4lt closure to the County and residential developers in area along erecting street closure signs prior to the closure. MOTION - It was moved b ouncil bets Sniff/Adolph to approve the temporary closure of Ma n Street between nue 54 and Airport Boulevard for a period not toe d 12 weeks commencing y, June 19, 2000, and authorize the Manager to sign an Indemnific Agreement for Improvemen eneath Public Right -of -Way upon City Attorne roval as to form, an rior to commencement of tunnel construction. Mo carried unani usly with Council Member Perkins ABSENT. MINUTE ORD 0. 20 -84. 1. DISCUSSION OF CITY MARKETING PLAN FOR FISCAL YEAR 2000/2001. Management Analyst Wilson presented the proposed marketing plan and stated, upon receiving Council's input, staff will develop a budget commensurate with the desired level of marketing services to be incorporated into the FY 2000/2001 budget. Andrea Carter, of Kiner Goodsell Advertising, advised the focus of the marketing plan is the same as in the past: business retention, business attraction, and resident attraction. Council Member Sniff wished to see the plan concentrate on supporting the City's businesses in three segments of the business community: 1) resort, hotel, and recreational field; 2) general retail; and 3) the Auto Centre. Council Member Adolph referred to the amount spent on promotion and questioned the City getting its "money's worth." He suggested decreasing the emphasis on residential promotion and increasing the emphasis on business promotion. He did not feel the City picnic was very successful and asked about the Dine La Quinta program. Ms. Carter advised most of last year's participants in the Dine/Shop La Quinta program reported an increase in business and those that did not had not given 005 376 City Council Minutes 10 May 16, 2000 much of a discount. There was a definite increase in participation over last year and she felt the results could be used to gain participants for this year. In response to Council Member Adolph, Ms. Carter advised the additional funds would be used for travel/tourism racks in visitors centers in the Inland Empire area and advertising in mixed trade publications to attract businesses looking to expand. She stated they are recommending the promotional video be shown in the Inland Empire and Los Angeles areas as well as the Pacific Northwest and noted it can be updated at a minimal cost. Council Member Henderson noted there's been less enthusiasm about the Dine La Quinta program this year and stated she could not support it for another year as it is currently designed. She suggested the possibility of separate programs for fast-food establishments and upper -scale restaurants in the future and concentrating on high school students for the fast-food program.' She supported focusing on business retention and helping La Quinta's businesses make a presence in the Valley. She referred to a center page ad placed by CVB in an insert for the IMAX movie "Wild California" and noted Indian Wells, Rancho Mirage, and Palm Desert have ads on the opposite page. She felt staff should be allowed funding to participate in such ad opportunities when they arise. Mayor Pena suggested an amount be set aside as a separate line item in the marketing budget. He also asked staff to find out when Disney would be showing the footage filmed in the Valley. Council Member Henderson supported updating the infomercial and participation in the theater grand opening but questioned continued participation in parade activities. She wished to see a stronger emphasis on business retention and helping the auto mall gain higher visibility. Mayor Pena suggested limiting the parade activities to the Golf Cart Parade and Date Festival Parade. Council Member Henderson suggested the parades could be handled through the Community Services Department instead of the marketing program. Mayor Pena commented on the accomplishments of the City's marketing efforts and stated he believed the infomercial is a good marketing tool. He supported backing away from the Dine La Quinta program and felt the City should enter into enhanced marketing partnerships with the business community. He also suggested getting on the list for filming opportunities. 377 006 City Council Minutes 11 May 16, 2000 Council Member Sniff pointed out it's important for the City to be very generic in its promotion of businesses. Mayor Pena suggested staff look into an "on hold" recording for the telephone system that has the capability of providing public announcements on various activities, street closures, etc. in the City. Council concurred. Council reviewed the proposed marketing programs and events and concurred to retain the following: update the infomercial; promote movie theater (all) grand openings; market La Quinta to film community; explore advertising opportunities; participate in ICSC Conference, Commercial realtor event, Breakfast of Champions and possibly Mariachi Festival (in concert with KSL), Golf Cart and Date Festival parades, and Civic Center park and expansion grand opening; Gamby (needs new costume) and street banner program (when poles are availab e The "Shop/Dine La Quinta" program, residential promotion, direct marketing (terminal ads), "Keep La Quinta Clean" program, and on -screen advertising were deleted. A brief discussion ensued regarding the budget amount. Mayor Pena and Council Member Adolph supported staying with $217,000 and Council Member Sniff suggested going with $250,000 and seeing what the consultant brings back for Council's approval. Council Member Henderson suggested separating out $217,000 for. the consultant's part of the marketing program and setting aside a remaining amount up to $250,000 for staff to use for marketing efforts. Council concurred. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to and until 7:00 p.m. 378 007 COUNCIL/RDA MEETING DATE: 4 4a Q"ATTACHMENT 2 AGENDA CATEGORY: BUSINESS SESSION: 1;;L� June 20, 2000 CONSENT CALENDAR: STUDY SESSION: Consideration of City Marketing Plan for PUBLIC HEARING: Fiscal Year 2000-2001 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The proposed marketing budget, as outlined in the Preliminary Budget for Fiscal Year 2000-2001, is $251,500. The proposed City Marketing Plan, as prepared by Kiner/Goodsell Advertising, calls for a Fiscal Year 2000-2001 budget of $217,300. Any changes to this plan may require attendant changes in the preliminary budget. CHARTER CITY IMPLICATIONS: None for this action. BACKGROUND AND OVERVIEW: The City's marketing consultant, Kiner/Goodsell Advertising, has prepared a City of La Quinta Marketing Plan (the "Plan") for Fiscal Year 2000-2001 (Attachment 1). The Plan serves as a guide for the. City's marketing efforts. An earlier version of the Plan was considered as a Study Session item by the City Council on May 16, 2000. At that meeting, it was suggested that the Shop/Dine, Live La Quinta, and Keep La Quinta Clean programs be deleted from the Plan. Also recommended for deletion was the airport in -terminal advertising for airports other than the Palm Springs Airport. Further, the City Council suggested restricting parade participation to the Golf Cart and Date Festival Parades. The minutes from the May 161h meeting are attached for the Council's use (Attachment 2). 379 LW At the May 16'" meeting, several comments were made relative to whether certain items contained within the Plan were "marketing" or more "community -oriented" type programs. Staff has shifted funding for these programs into the Community Services Department (e.g. Civic Center grand opening, Gamby, Golf Cart parade, etc.). A comment was also made at the May 16"' City Council meeting relative to Gamby's costume and the need for some revisions/redesign. The Community Services Director researched this issue and discussed changes with a costume company. Repairs to the feet can be made for approximately $1,000. A new costume is estimated to cost between $3,50045,000. Funds have not been allocated towards the Gamby costume at this time. The revised Plan focuses City marketing efforts on business retention and attraction. More specifically, the following strategies are proposed: ► Advertising campaign to showcase the businesses in La Quinta (e.g. 3-4 different 30-second televison spots, a full 4-page broad sheet in the Desert Sun, a "Celebrate La Quinta" week); ► Producing a rack card to highlight La Quinta businesses to the travel/tourism market (e.g. rack cards as found in many hotel lobbies); ► Updating the City's infomercial (including adding prominent footage of new businesses such as the auto mall); ► Remaining active in the International Council of Shopping Centers conventions in Las Vegas and Palm Springs (e.g. hosting a social event at the Palm Springs ICSC); Marketing La Quinta to the film community (e.g. advertise in the Production Guide, a widely distributed publication directed at the film community); ► Advertising in publications that are marketed to businesses which are looking to expand (e.g. Franchise Times); ► Advertising in special section advertising (e.g. Palm Springs Life issue on the Coachella Valley); ► Hosting the second annual real estate/finance professional breakfast at the La Quinta Resort & Club; ► Participating in community events (e.g. Golf Cart parade, Civic Center grand opening). 380 Based on comments made at the May 16th study session, staff has also included approximately $34,000 in an advertising account within the Fiscal Year 2000-2001 Preliminary Budget for miscellaneous marketing/advertising. FINDINGS AND ALTERNATIVES: The Marketing Plan has been prepared to guide the City's marketing efforts for Fiscal Year 2000-2001 . Alternatives available to the City Council include: Approve the City Marketing Plan for Fiscal Year 2000-2001 as prepared by Kiner/Goodsell Advertising; or 2. Approve the City Marketing Plan for Fiscal Year 2000-2001 as prepared by Kiner/Goodsell Advertising and amended by the Council; or 3. Do not approve the City Marketing Plan; or 4. Provide staff with alternative direction. Respectfully submitted, a-- L Britt W. Wilson, Management Analyst City Manager's Office Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City of La Quinta Marketing Plan prepared by Kiner/Goodsell Advertising 2. Minutes from.the May 16, 2000 City Council meeting 381 C:\MyOata\WPDoea\CITY COUNCIL\CCSTFFMARKETINOPLANKINEROOODSELL 06-30-00. wpd 010 ATTACHMENT 3 City Council Minutes 4 June 20, 2000 It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2000-68 as submitted. Motion carried unanimously. 2. CONSIDERATION OF CITY MARKETING PLAN FOR FISCAL YEAR 2000/2001. Management Analyst Wilson presented the staff report. Council Member Sniff stated he was pleased with the changes but suggested five to six television spots of varying lengths instead of three to four 30-second spots. He also noted the Civic Center grand opening is to be handled by the Community Services Department. Doug Yavanian, 49-499 Eisenhower Drive, of KSL Desert Resorts, suggested a cooperative advertising effort between the City and KSL for maximum return on funds. He also suggested forming a marketing committee consisting of representatives of the City, Chamber of Commerce, and businesses such as KSL to discuss their individual marketing activity. He said KSL is also prepared to work with the City on encouraging film and commercial productions within La Quinta. Scott Kiner, of Kiner/Goodsell Advertising, confirmed the television spots can be increased to four or five spots and noted using a one -minute format may be a way to distinguish the City's commercials. In response to Council Member Henderson, Mr. Kiner stated such a change should not have a significant impact on the costs of production because the commercials would simply be edited differently. Council Member Henderson stated she was pleased with the changes in the marketing plan and supported forming a marketing committee. She was not impressed with the rack card idea and noted the City's name is already on cards provided by KSL and the Chamber. Mr. Kiner stated he was not opposed to a marketing committee or a cooperative advertising effort with KSL, noting that KSL was showcased in last year's infomercials and he thanked them for their assistance during the filming. Council Member Adolph stated he felt Kiner/Goodsell had picked up on Council's wishes in concept and he agreed all the entities should work together in their marketing efforts. 382 on City Council Minutes 5 June 20, 2000 Mayor Pena was pleased with the changes in the marketing plan and agreed with Council Member Henderson regarding the rack cards. He also supported forming a marketing committee. Council Member Sniff stated he felt it's important for the marketing plan to remain the Council's and not be micro -managed by a marketing committee. He was willing to try it but did not want to change the basic marketing plan. Council Member Henderson said she believe a marketing committee would act as a clearinghouse for ideas and would not impact the City's marketing plan. Mr. Kiner distributed comments received from merchants relative to last year's Shop/Dine La Quinta program and stated he felt a Dine La Quinta program should be retained. Council Member Henderson noted people occasionally still request the discount cards and stated she would be willing to revisit the idea at a later time. MOTION - It was moved by Council Members Sniff/Adolph to approve the City Marketing Plan for FY 2000/2001(total proposed marketing budget is $251,500 - City Marketing Plan prepared by Kiner/Goodsell Advertising budget is $217,300). Motion carried unanimously. MINUTE ORDER NO. 2000-113. Council concurred to direct staff to agendize the issue of forming a marketing committee and the purchase of a new "Gamby" costume on a future agenda. 3. CO DERATION OF A RESIDENTIAL ENERGY ASSISTANCE RATE P GRAM. Communi ervices Director Horvitz presented the staff r rt. In response to cil Member Adolph, Ms. H z stated requests for a Residential Energy A ' tance Rate Program ' nated at the Senior Center. Council Member Sniff aske ' the p ram is related to rate averaging. Ms. Horvitz responded not to her kn dge. In response to Council M er Henders Ms. Horvitz stated the program has been established in In and Coachella. Council Memb erkins voiced support for the SprSaLam. In respo to Mayor Pena, Ms. Horvitz confirmed the d Way of Imperial Cou will train volunteers and staff on preparation of the rms and reports. 383 ul? ATTACHMENT 4 INC. 13136 Saticoy Street, Unit P, North Hollywood, CA 91605 (818) 765-0091, FAX (818) 765-0466, toll -free (877) FOAMFAB August 30, 2000 Dodie Horvitz, Community Services Director City of La Quinta P.O.Box 1504 La Qunita, CA 92253 Dear Dodie, Enclosed is a design I worked up for your quail mascot. I hope you'll agree that it's much cuter ( and less terrifying) than the one you currently have. Hopefully, this will convince your committee to go with my company. The colors I used approximate those available in plush fabrics. The gray, for example, is not as warm as that of the actual bird. A decision will have to be made as to whether you wish to depart from the natural colors to make him brighter and more "kid -friendly." An obvious choice would be to make the beak, legs, and feet a golden yellow instead of gray. Here is the price: "Quail" mascot costume: Designing a character based on a gamble quail. Prototyping, patterning, and foam fabricating head with beak, body pod, feet. Head and body covered with plush fabric and detail painted. Head fitted with plastic eyes, internal helmet, and foam scrim for vision/ventilation out of mouth. Beak and feet plastic coated. Reinforced soles on feet. Body cover includes "wing" sleeves with gloves and is removable from foam pod for cleaning. Spandex leggings. Cotton/Lycra undersuit.........................................................................................$6,150.00 • Price does not includ alifornia Isa es tax, ustom case, shipping or delivery. The cost of a shipping/storage case a ends on how you intend to use the costume. For frequent out-of-town shipping, a large case that holds the entire costume gives the best protection. These start around $500.00. If you're driving it to local events, a customized garment bag and separate head case is more practical, though it offers less protection. This is the solution Red Robin Restaurants employ, which costs $350.00. Our website has numerous images of our work as well as a detailed FAQ page that will answer many questions about mascots and walkarounds. Please feel free to call me with any further questions. Sincerely, Kenneth J. Hall ota gabricac. 013 384 (818) 765-0091 (818) 765-0466 FAX Scale: 1" = V V,,l Ot1*111ta Otlail Mascot costume design for 5'6" female Copyright 2000 Total Fabrication Inc. 385 014 .ALL yl kIL Sy 13136 Saticoy Street, Unit P, NIAM North Hollywood, CA 9160S (818) CREDITS 765-0091, FAX (818) 765-0466 THE FOLLOWING IS A COMPREHENSIVE LIST OF OUR PROJECTS AND CLIENTS. ON SHOWS BEFORE MID-1995, KENNETH J. HALL WORKED AS A FREELANCE ARTIST. ALL JOBS WHERE HE HELD A KEY OR SUPERVISORY POSITION ARE INDICATED BY A *. TELEVISION Wheel of Fortune* Sabrina the Teenage Witch* Bloodhounds Inc.* Mystic Knights of Tir Na Nog* Morning Scramble* Teenage Mutant Ninja Turtles Mighty Morphin' Power Rangers* Babylon 5 Star Trek: Deep Space Nine Star Trek: Voyager The All -New Captain Kangaroo* Tarzan: The Epic Adventures Buffy the Vampire Slayer Big Bad Beetle Borgs* Can't Hurry Love Barnyard Place Masked Rider* MAD TV Chicago Hope Guideposts Junction* The Chevy Chase Show Amazing Live Sea Monkeys Land of the Lost* COMMERCIALS Coca Cola "Humpty Dumpty"* Snapple "Fruit ids"* Post Cereal "Oreo O's" Kraft "Miracle Whip" Hardee's "Happy Star" Autoweb.com `Otto & Webster"* Golden Corral "Wednesday" Sony Playstation "Bomberman"* Mattel "Street Sharks"* Duracell "Putterman test"* Nintendo* Merril Lynch* Miller Lite Payless Shoes* STAGE SHOWS & THEME PARKS Universal Studios Halloween Horror Nights 97-99* Splash* Bump & Grind* Beatle Magic* Ghosts of Christmas* Conversation with a Vampire* TRADE SHOWS & PROMOTIONS Red Robin Restaurants "Red Robin"* Caved og Entertainment "Total Annihilation" Namco HomeTek "PacMan"* Hero Nutritional Products "Yummibears"* Boeing "Delta II"* Hasbro/Film Roman "Mr. Potato Head"* Bandai "Digimon"* Blizzard Entertainment "Diablo," Warcraft"* Playmates Interactive "MDK," "Meatpuppet"* San Diego Chargers "Boltman"* Saban Entertainment "Mystic Knights"* Knowledge Adventure "Math Blaster"* Landmark Entertainment "Skeleton Warriors"* Tekno Comics "Primortals"* Tiger Toys "Land of the Lost"* Disney Entertainment "Flights of Fantasy" FEATURE FILMS (selected) Fear and Loathing in Las Vegas* The Clown at Midnight* Treasure Island* Star Kid Turbo: A Power Rangers Movie* Sprung* Jack Frost* Tales from the Hood* Nine Months* Ed Wood* Magic in the Water* Coneheads* Addams Family Values Cabin Boy Puppetmaster IV & V* Carnosaur* Dollman vs. Demonic Toys* Batman Returns (puppeteer only) Ernest Scared Stupid Star Trek VI Freddy's Dead Gremlins II puppeteer only) NightmareSisters* Arena* Ghouliesll* Critters* Terminator Metalstorm Spacehunter 0 1 16 Dodie orvitz - e: uai mascot a ATTACHMENT 5 From: totalfabrication <totalfabrication@worldnet.att.net> To: Dodie Horvitz <dhorvitz@la-quinta.org> Date: Tue, Sep 5, 2000 3:52 PM Subject: Re: Quail mascot Dodie, Hopefully, the concept art you already ave will be sufficient to convince everyone we can design a cuter character than what you had before. I certainly feel our past work for Red Robin and numerous other clients proves we deliever a high quality product. Designing a character, especially without any client -provided art, is not something everyone can do. I happen to be experienced in it but I do not work for free. If you look at my bid, the design work is part of what you're paying for. Once we begin , we can use my intitial art as a starting point for comments and changes. You will get both front and side views with overlays to show how a person fits inside the costume. The design will be refined before any building is done. Once fabrication commences, you will be e-mailed periodic progress reports with photos. In no way will you be buying something "sight unseen." I will be happy to talk to you in person about this. Ken Hall > >>> totalfabrication <totalfabrication@worldnet.att.net> 09/05 12:05 PM >>> > Dodie, > I received your notes. The art I sent is a presentation piece and not a final design. It took the better part of a day to render and I normally don't do this amount of work until after the job is > awarded. I just happened to be inspired by the challenges of your character. > While any changes will have to wait until we actually begin, I will adress some of the notes. I am a bit unclear on exactly how you want the body changed. While we can make him bigger in the front > and back, remember we cannot widen him too much on the sides (which would be evident in a frontal view) because of the performer's shoulder width. > Also, I kept the bottom of the body at crotch level so as not to restrict walking. I added the thighs to make him less leggy. We can, of course, make the body bigger and more like a real bird if you > wish to sacrifice some of the mobilty. > Using regular shoes will throw the character off -balance visually. Oversized character feet do present a challenge to the wearer, which is why you need a performer who practices wearing the suit. > Otherwise, the effect will be a person of the street wearing a rented masquerade costume. > I will be out of town when your council meets so let me know if you have any questions before the 13th. While I'm away, Kathryn can can get things started with an invoice for a 50% down payment. Of > course, design discussions will have to wait until I return. I will be back in the office on the 26th. 389 > Ken Hall > Total Fabrication Inc. > (818) 765-0091 r, S > V Tjht 4 4 Q" COUNCIL/RDA MEETING DATE: September 19, 2000 ITEM TITLE: Consideration of a Request by the La Quinta Chamber of Commerce to Enter into a Sublease Agreement with the La Quinta Arts Association RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None or as deemed appropriate by the City Council. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: -T On June 1, 1999, the City Council considered a request by the La Quinta Arts Association to sublease the back room of the City -owned building located at 51- 351 Avenida Bermudas leased to and occupied by the Chamber of Commerce. The Council approved the concept of a sculpture garden and of subletting a portion of the City -owned building occupied by the Chamber of Commerce to the La Quinta Arts Association with details regarding specific use of the building to be addressed through the Village Use Permit process and included in the Sublease Agreement. The Council directed that the Agreement require liability insurance, a hold harmless agreement, and an annual review/approval by the City. A copy of the June 1, 1999 City Council meeting minutes is provided as Attachment 1. On July 20, 1999, the Sublease Agreement item came back to the City Council for consideration along with a request by the La Quinta Arts Association for financial assistance to cover liability insurance. The City Council approved a letter to the Chamber of Commerce granting written approval for a sublease between the Chamber and the Arts Association, subject to outlined conditions and approval by the City Attorney. The Council also approved the Arts Association funding 390 request in an amount of $2,500. A copy of the July 20, 2000 City Council meeting minutes is provided as Attachment 2. On September 8, 2000, the City received correspondence from the Chamber of Commerce outlining recommended changes for a new Sublease Agreement with the La Quinta Arts Association. Attachment 3 contains the Chamber of Commerce's correspondence and a copy of the original Sublease Agreement. The Chamber's recommended changes are summarized below (page numbers reference the original Sublease Agreement): SUBLEASE PERIOD: July 1, 2000 through June 30, 2001 (page 2). USE OF PROPERTY: The Tenant shall be entitled to the exclusive use of the Large Back Office (page Z second sentence). [The Arts Association has requested the small back office and the Chamber does not have need for it at this time]. SERVICES FOR THE PROPERTY: Tenant will pay for twenty percent (20%) of the charges for electric service, garbage, water and gardening for the property. Subtenant will pay for eighty percent (80%) (page 3). [The Chamber is requesting that the Subtenant pay a flat monthly rate of $283 based on a recap of last year's charges]. IMPROVEMENTS TO THE BUILDING: The original Sublease Agreement does not indicate written approval from the Tenant and Landlord regarding improvements, however, the Chamber wishes to include language in the new Agreement stating that any changes/additions to the building will become property of the Landlord (e.g:, if the Subtenant installs awnings or shelves, they can not be taken down if and when the Subtenant leaves) (page 3). "Tenant": Change of address to 78-371 Highway 1 1 1 (page 6) . LANDLORD'S CONSENT: Change of address to 78-371 Highway 1 1 1 (page 8). 391 002 If approved, these and any other changes deemed appropriate by the City Council will be incorporated into a new Sublease Agreement between the La Quinta Chamber of Commerce and the La Quinta Arts Association. The Agreement will be subject to final review by the City Manager and City Attorney. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a request by the La Quinta Chamber of Commerce to enter into a one year Sublease Agreement with the La Quinta Arts Association with an effective sublease period of July 1, 2000 through June 30, 2001, subject to the outlined changes as request by the Chamber of Commerce; or 2. Approve a request by the La Quinta Chamber of Commerce to enter into a one year Sublease Agreement with the La Quinta Arts Association with an effective sublease period of July 1, 2000 through June 30, 2001, subject to the outlined changes as requested by the Chamber of Commerce and additional changes as directed by the City Council; or 3. Do not approve a request by the La Quinta Chamber of Commerce to enter into a Sublease Agreement with the La Quinta Arts Association; or 4. Provide staff with alternative direction. Respectfully submitted, is Casillas, Management(Analyst kl- Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City Council Meeting Minutes of June 1, 1999 2. City Council Meeting Minutes of July 20, 1999 3. Recommended Changes to the Sublease Agreement and Copy of Original Sublease Agreement 392 ATTACHMENT 1 City Council Minutes 3 June 1, 1999 APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT R TRACT 23995-4, INCO/HUNTINGTON HOMES. 6. APPRO L OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRAC 3995-5, INCO/HUNTINGTON HOMES. 7. APPROVAL TO NEG ATE WITH THE FIRM OF TRI-LAKE CONSULTANTS TO PROVIDE CAPITAL IM VEMENT PROJECT AND PRIVATE DEVELOPER PROJECT INSPECTION. 8. ADOPTION OF RESOLUTION REAFFI NG THE CITY'S ADOPTION OF THE ANNUAL ASSESSMENT FOR CSA 152, A ORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND DEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSM TS ON CITY PARCELS UNDER CSA 152. (RESOLUTION NO. 99-70) MOTION - It was moved by Council Members Sniff/Henderson t prove the Consent Calendar as recommended and with Item Nos. 2, 3, 4, and,,8 being approved by RESOLUTION NOS. 99-67 through 99-70 respectively. Mtion carried unanimously. MINUTE ORDER NO. 99-66. BUSINESS SESSION 1. CONSIDERATION OF REQUEST BY THE LA QUINTA ARTS ASSOCIATION TO SUBLEASE A CITY -OWNED BUILDING OCCUPIED BY THE LA QUINTA CHAMBER OF COMMERCE. Ms. Coyle, Management Analyst, advised that the La Quinta Arts Association is asking to sublease a portion of the building occupied by the La Quinta Chamber of Commerce on Avenida Bermudas. The Chamber's Board of Directors has voted to support the request, providing that the Association assumes any fiscal responsibility for renovations or additions and that they provide liability insurance. The building is currently rented to the Chamber for $1 monthly. That arrangement can be maintained, or a per square foot lease may be entered into with the Association. The City's insurance broker has recommended that the Association be required to provide the same $1 million liability insurance coverage that is required of the Chamber, and that additional at -risk insurance may be required if expensive art pieces are housed in the building. She advised that Ms. Reynolds has indicated that the Association will need help to pay for the liability insurance, however, the City's insurance broker has advised that if the Association currently has liability insurance, there shouldn't be any additional costs to add the new location and the City to the 393 005 City Council Minutes 4 June 1, 1999 policy. The Association is also asking to use the outside area in the rear of the building for a sculpture garden, and she noted that the facility is not currently secured for that use. Mr. Herman, Community Development Director, advised that the Public Use Permit process, which the Chamber was processed under, no longer exists in the Zoning Ordinance, and would have to be converted to a Conditional Use Permit process. Any modification to the exterior use will require a modification to the permit, and the application fee is $750. The sculpture garden and any retail would be ancillary uses and need to be processed as a modification to the application. In response to Mayor Pena, Mr. Herman advised that Conditional Use Permits go to a public hearing before the Planning Commission. In response to Council Member Henderson, Mr. Herman confirmed that the building is not in The Village, but rather in the Major Community Facilities District. Under the current permit, the Association may occupy the interior space of the building. In response to Mayor Pena, Ms. Honeywell, City Attorney, advised that a joint Conditional Use Permit application from the Chamber and Association would make the most sense. Elaine Reynolds, 49-294 Vista Bonita, stated that she understood their liability insurance only covers schools and can't be transferred, but she will check to find out if it covers other public facilities. She advised that they could move in without a sculpture garden, but felt that a sculpture garden would attract attention. Mayor Pena suggested the sculpture garden might be a long-term plan. Doug Yavanian, 78-371 Highway 1 1 1, President of La Quinta Chamber of Commerce, asked if a Conditional Use Permit would be required to extend the building over an existing concrete slab, to which Mr. Herman responded yes. Council Member Henderson supported joint use of the building, but felt it should evolve slowly without the sculpture garden initially to see how the parking problems can be addressed. Council Member Sniff felt the parking concern is critical, but didn't have a problem giving conceptual approval provided there's a hold harmless agreement, proper insurance, and an annual review and approval. He preferred a more 394 006 City Council Minutes 5 June 1, 1999 permanent location with better access and parking, and wasn't sure how well art pieces could be secured in the outside area. Council Member Adolph supported the request, and asked if there's any way for the Chamber's liability insurance to cover the Association. Ms. Coyle advised that staff didn't ask the City's insurance broker that specific question, but it could be checked into. Council Member Perkins didn't have a problem with the request. His only concerns were related to parking and security. Mayor Pena felt it's a great idea with a lot of potential, and believed the issues can be worked out satisfactorily. MOTION - It was moved by Council Members Sniff/Adolph to approve the concept of a sculpture garden and of subletting a portion of the City -owned building occupied by the La Quinta Chamber of Commerce on Avenida Bermudas to the La Quinta Arts Association with the details to be addressed through the appropriate permit process and including in the sublease agreement a $1 million liability insurance policy, hold harmless agreement, and an annual review/approval by the City. Motion carried unanimously. MINUTE ORDER NO. 99-67. Pena advised that a presentation would be made at this time. Joe Palencia, Chairma the Inland Empire Branch of the American Public Works Association, presented a pla to the City for completing the Fritz Burns Park Pool Project in phenomenal time witho ny contract change orders and within budget. BUSINESS SESSION ........... continued 2. CONSIDERATION OF APPROVAL OF CULTURAL --ARTS COMMISSION 1999/2000 WORK PLAN. Ms. Horvitz, Community Services Director, advised that the Cult Arts Commission has made some minor changes to their 1999/2000 Work Plan, d are submitting it for Council's review and comment. 395 007 ATTACHMENT 2 City Council Minutes 10 July 20, 1999 ncil Member Henderson noted that the City has an adopted Economic 'evelop,Qent Plan, which clearly states what direction the Council feels the City should go. Mr. Kiner advised fbatjhey need some input from Council on how to put "moving to La Quinta" a • hopping in La Quinta" into the Marketing Plan. MOTION - It was moved by Counait,,kembers Sniff/Henderson to refer this matter back to staff to negotiate a mo " ' d contract with Kiner/Goodsell Advertising with greater emphasis on econonVe development and less on community events, with suitable adjustments in cost , 'ncluding the retainer; and to form a subcommittee of Mayor Pena and Council Me er Henderson to work with staff and Kiner/Goodsell and to report back on Au t 3, 1999. Motion carried unanimously. MINUTE ORDER NO. 99-98. fi. 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 336 008 City Council Minutes 11 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 avei iue 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. 397 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 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 $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. 398 01 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. NNSIDERATION OF A REQUEST FROM THE STUDENT CREATIVE RECYCLE AR ROGRAM (SCRAP) GALLERY REQUESTING FINANCIAL ASSISTANCE. Ms. di Ion Planning Manager, advised that the SCRAP Gallery has requested funding in th mount of $10,000, and that $10,000 has been budgeted in the AB939 Accoun for community promotions. However, $6,500 has been requested to be allo ted under the Kiner/Goodsell contract, leaving a balance of $3,500 in the acco t. Mayor Pena didn't recall rece ing a budget report from SCRAP, and wished to see how the funds are being us in their program. Council concurred on continuing this hiatter for additional information. MOTION - It was moved by Council Memb Sniff/Henderson to continue the funding request by SCRAP Gallery to August 1999, and to ask staff to look into the questions regarding their budget. Motion rried unanimously. MINUTE ORDER NO. 99-100. 8. CONSIDERATION OF APPROVAL OF A REIMBURSEMENT REEMENT WITH COACHELLA VALLEY ASSOCIATION OF GOVERNMENT TO RECOVER CERTAIN CONSTRUCTION COSTS RELATED TO THE WASHIN ON STREET BRIDGE WIDENING OVER THE EVACUATION CHANNEL. Mr. Vogt, Public Works Director, advised that the proposed Reimburs e Agreement for the Washington Street Bridge Widening Project. has b i approved by CVAG, but will not be funded until 2008/2009 if funds a 399 Oil Sep-08-00 04:38P LQ Chamber of� Commerce 760 51 ATTACHMENT 3 or �10 4 Cci % ZPW September 8, 2000 R OF To: Mark Weiss From: Valerie Smith ' 00 SEP 8 FIN 5 18 CITY OF LA Qi1 WA CITY NIAI`'ACER'S OFFICE Re: Sublease Agreement — La Quinta Art:; 04allery The fallowing are recommended changes to the Sublease agreement: SUBLF.ASI; PERIOD: July 1, 2000 through June 30, 2001 gwge 2) IJSF. (al' PROPFXI'Y: The Tenant shall be entitled to the exclusive use of the Large Rack Office (Ixkge 2, second sentence — The Arts Assoc. has requested the small back offiee and we do not have a needfor i! ai this time,) SERVICES FOR THE PROPS 1'Y: Tenant will Pay for twenty percent (201K) ofthe charges Ii r electric service, garbage, water and gardening, for the property. Subtenant will pay for eightyperccnt (90%) (page 3). We are requesting thatthe subtenants pay a flat monthly rate of $283 based on a recap of last year's charge,. IMPROVEMENTS TO THF. BUILDING- It does indicate written appeoval_fi•om the Tenant and Landlord regarding improvements but we want to say .something to address the issue Mal anv changesladditions to building will become property of Landlord i.e., if they put uI) awnings or shelves, etc:., they can't take them dawn if and when they lem,e (page 3). "Tenant" — Please change address to read: 78-371 Highway 111. (page 6) LANDLORD'S CONSENT: (Samte change of address - page 8). Please advise (-)1 tiny further information yuu may need. Thank you. 8-37, 1 t Iigim".i} I I I La QU1111d Ch;)rnbvr I Ouinl.i, C A i t'tu',ri -i,f}-Sh-l- il'I`) I ax''(,(1- (1- i I I I0 r��ww.I,icluilILIChn1111W? ifann+u� n. ,•.r nm 012 09-08-00 15:53 RECEIVED FROM:760 564 3199 P•01 c: \iAarnc\$U8L9ASR SUBLEASE Sublease agreement entered into by and between the LA QUINTA CHAMBER OF COMMERCE, a California nonprofit corpora- tion ("Tenant"), and LA QUINTA ARTS ASSOCIATION ("Sub- tenant"), and consented to by the CITY OF LA QUINTA ("Land- lord"). SUBLEASE: Subject and subordinate to the terms and conditions of that certain Lease ("Master Lease") dated as of July 2, 1991, by and between the CITY OF LA QUINTA and Ten- ant, which Master Lease by this reference is incorporated herein and by this reference made a part of this Sublease and on the further terms and conditions of this Sublease, the Subtenant agrees to sublease from Tenant, and the Tenant agrees to sublease to Subtenant the right to use along with Tenant the land and the right to use portions of the build- ing, as hereinafter described, which land and buildings comprise the property ("property") commonly known as 51-351 Avenida Bermudas, La Quinta, California 92253. RELATIONSHIP WITH MASTER LEASE: The terms, conditions and respective obligations of Tenant and Subtenant to each other under this Sublease shall be subject to the terms and conditions of the Master Lease except for those provisions of the Master Lease which are directly contradicted by this Sublease in which event the terms of this Sublease shall control over the Master Lease. 401 013 C:\LQC0PC\SUBLZAS8 SUBLEASE PERIOD: This Sublease shall commence on Octo- ber 1, 1999 and shall continue until June 30, 2000 and shall thereafter continue on a July 1 to June 30 year-to-year ba- sis. This Sublease may be terminated at any time by either party by giving the other party written notice thereof sixty (60) days prior to the effective termination date. USE OF PROPERTY: Tenant and Subtenant shall each be entitled to use the land on the property which surrounds the building on the property. The Tenant shall be entitled to the exclusive use of the two back offices which shall be referred to as the Chamber offices. The Subtenant shall be entitled to use the remainder of the building on the prop- erty. The Tenant, its invitees, customers, and the like, shall be entitled to pass through the Subtenant's portion of the building from and to the main entrance, to and from the Chamber offices and shall be entitled to use the restroom and other common facilities in the building. RENT: Subtenant shall pay to Tenant upon commencement of the Sublease period and upon each July 1 thereafter during the terms of this Sublease, the sum of fifty ($.50) cents. TELEPHONE LINE: Subtenant is to have a designated tele- phone line ("Subtenant's telephone"). All charges related to the Subtenant's telephone, including installation, monthly fee, long distance charges and the like, are to be paid for when due by the Subtenant. -2- 402 014 SERVICES FOR THE PROPERTY: Tenant will pay for forty (40%) percent of the monthly charges for electric service, garbage.Q;)� water and gardening for the property. Subtenant will pay sixty (60%) percent of the monthly charges for electric ser- vice, water and gardening for the property. Tenant will pay for all charges for its use of the telephones on the prop- erty. Subtenant will pay for all charges for its use of Subtenant's telephones on the property. Tenant will be re- sponsible for cleaning its two Chamber offices. Subtenant will be responsible for cleaning and maintaining the condi- tion of all of the other portions of the building on the property in broom -clean condition. Subtenant will be respon- sible for the security (a) of the building on the property, and (b) all contents in the building on the property. Sub- tenant -will pay for all other utilities or services supplied to the property. IMPROVEMENTS TO THE BUILDING: Other than those improve- ments covered by Tenant's insurance which are presently being made, Subtenant will be responsible for all improvements to the building on the property such as paint, carpet and light- ing. Subtenant shall pay when due the cost of all such im- provements and shall keep the property free from any mechanic liens connected with the improvements. Before commencement of any improvement, Subtenant shall obtain the written ap- proval therefor from the Tenant and the Landlord. -3- 403 015 C:\LUCOFC\SUBLBASB USE OF PROPERTY: Subtenant will only use the property as Subtenant's Art Gallery in connection with the business presently conducted by Subtenant. Subtenant is proposing to expand its use of the property to include a sculpture garden on the property. Before commencing such usage, Subtenant will obtain Landlord's approval thereof, including if neces- sary, a related conditional use permit, and a new Sublease or Addendum to Sublease from Tenant, approved in writing by the Landlord. INSURANCE, COVENANT TO INDEMNIFY AND HOLD HARMLESS AND WAIVER OF SUBROGATION: Subtenant will obtain and maintain in force, commencing on the date Subtenant is given access to the property and during the term of this Sublease, at its sole cost of expense, insurance as called for by Section 6.1 of the Master Lease naming Tenant and Landlord as additional insureds. Subtenant covenants to defend and indemnify Ten- ant, Landlord and their respective officers, representatives, agents and employees and save them harmless on the same terms and conditions as Tenant covenants to indemnify and hold harmless under Section 6.2 of the Master Lease. Tenant and Subtenant each adopt and include in this Sublease, as set forth in Section 6.3, a Waiver of Subrogation provision of the Master Lease. ANNUAL REVIEW AND APPROVAL BY LANDLORD: Subtenant ac- knowledges that not only is this Sublease subject to the -4- 404 016 C:\LQCOFC\SUBLEASE terms and conditions of the Master Lease and termination upon sixty (60) days written notice provision, but also this sub- lease and the continued use of the property by Subtenant is subject to annual review and approval by Landlord. NO ASSIGNMENT OR SUBLETTING: Notwithstanding any provi- sion herein to the contrary Subtenant agrees and covenants (which covenants shall run for the term of this Sublease and be binding upon the successors, assigns, executors, and ad- ministrators of Subtenant) that Subtenant will not, either voluntarily or by operation of law, assign, sell, encumber, pledge or otherwise transfer all or any part of Subtenant's subleasehold estate hereunder, or permit the property to be occupied by anyone other than Subtenant or Subtenant's em- ployees, or sublet the property or any portion thereof, with- out Tenant's prior written consent in each instance. No assignment, whether voluntary or involuntary, by operation of law, under legal process or proceedings, by receivership, in bankruptcy, or otherwise, and no subletting shall be valid or effective without such prior written consent and at Tenant's election, shall constitute a default hereunder. LEGAL EXPENSES AND COLLECTION COSTS: If either party incurs any expense, including actual costs of collection, reasonable attorneys' fees, expenses of discovery, prepara- tion for litigation, expert witness fees and litigation ex- penses and costs, in connection with any action or proceeding -5- 405 017 C:\LQC0FC\SUBL6AS2 instituted by either party by reason of any default or al- leged default of the other party hereunder, the party pre- vailing in such action or proceeding shall be entitled to recover its reasonable expenses from the other party. For purposes of this provision, in any unlawful detainer or other action or proceeding instituted by Tenant based upon any default or alleged default by Subtenant hereunder, Tenant shall be deemed the prevailing party if (a) judgment is en- tered in favor of Tenant or (b) prior to trial or judgment Subtenant shall pay all or any portion of the rent and charges claimed by Tenant, eliminate the condition(s), cease the act(s) or otherwise cure the omission(s) claimed by Ten- ant to constitute a default by Subtenant hereunder. NOTICES: All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either Tenant or Subtenant to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective parties at their addresses set forth below: "Tenant" La Quinta Chamber of Commerce Post Office Box 255 La Quinta, CA 92253 RELATIONSHIP OF PARTIES: "Subtenant" La Quinta Arts Association 51-351 Avenida Bermudas La Quinta, CA 92253 Nothing contained herein shall 'M *41 C: \L4=FC\SU6LZASi be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the par- ties hereto, it being understood and agreed that neither the method of computation of rent, nor any other provision con- tained herein, nor any acts of the parties herein, shall be deemed to create any relationship between the parties hereto other than the relationship of Tenant and Subtenant. SUCCESSORS AND ASSIGNS: This Sublease and the covenants and conditions contained herein shall be binding and inure to the benefit of and shall apply to the successors and assigns of Tenant and to the permitted successors and assigns of Subtenant, and all references in this Sublease to "Subtenant" or "Tenant" shall be deemed to refer to and include all per- -7- 40'7 019 mitted successors and assigns of such party. Date: Date: Date: Y/j I / C LA QUINTA CHAMBER OF COMMERCE Tts rT "Tenant" LA QUINTA ARTS ASSOCIATION By: - ,. .s., President _ Vic -�'6ZES I D` Ni' LANDLORD'S CONSENT: The Landlord consents to the above Sublease and agrees to promptly notify the Tt.nant at P.O. Landlord has actual knowledge that the Box 255, La Quinta, CA 92253 if tAAeASubtenant i�; in hrF,act; of this agreement. Nothing herein shall constitul:e a release of Tenant who shall remain bound under the Master Lease. Noth- ing herein shall constitute a consent to any further Sublease or Assignment of Lease. Date: CQ qq By: APPROVED AS TO FORM: Dawn Honeywell, t� y Attorney "Landlord" 020 z C =�dOW �W y Q ri 409 Tj'(f 4 XA Q" COUNCIL/RDA MEETING DATE: September 19, 2000 AGENDA CATEGORY: BUSINESS SESSION: 6- CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of a Recommendation of the Historic PUBLIC HEARING: Preservation Commission to Approve the Guidelines for the Cultural Resources: Collections Management Plan RECOMMENDATION: Adopt a Resolution of the City Council approving the Cultural Resources: Collections Management Plan as recommended by the Historic Preservation Commission. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council at its meeting of March 21, 2000, approved and authorized the City Manager to enter into a contract with Greenwood and Associates to prepare a Collections Management Plan for archaeological resources and consultant services. The Historic Preservation Commission at its meeting of July 27, 2000 accepted the Collections Management Plan as submitted (Attachment 1). The Management Plan has been sent to the various local Indian Tribal Governments, with only the Agua Caliente Band of Cahuilla Indians responding with minor comments regarding artifact retention. Description The City of La Quinta Cultural Resources: Collections Management Plan contains the method for curation of artifacts for short term management until they are deposited in a place of permanent curation. Following the appropriate steps will minimize repetitive handling of artifacts and expedite transfer of collections from the laboratory to permanent curation. Once a curatorial facility has been identified, the artifacts can easily be transferred for long term preservation and care of the collection after all of the studies have been conducted and a final technical report prepared. 410 COH.012 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the Cultural Resources: Collections Management Plan as recommended by the Historic Preservation Commission; or 2. Do not adopt a Resolution of the City Council approving the Cultural Resources: Collections Management Plan as recommended by the Historic Preservation Commission and refer the Plan back to the Historic Preservation Commission; or 3. Provide staff with alternative direction. Respectfully submitted, rry Herman immunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Cultural Resources: Collections Management Plan no COH.012 411 RESOLUTION 2000- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ADOPTING CULTURAL RESOURCES CURATION MANAGEMENT PLAN WHEREAS, the City Council of the City of La Quinta, California did on the 191h day of September, 2000 consider the Cultural Resources Curation Management Plan; and, WHEREAS, the Historic Preservation Commission of the City of La Quinta, did on the 271h day of July, 2000, review and recommend to the City Council, approval of Cultural Resources Curation Management Plan; and, WHEREAS, at said meeting, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify the approval of said Cultural Resources Curation Management Plan. 1. The National Park Service and the State of California through the Office of Historic Preservation, Department of Parks and Recreation, has established the Certified Local Government to carry out the Secretary of Interior's Standards and Guidelines for archaeology and historic preservation. 2. Heritage concerns will be addressed by reassembling from multiple scattered locations and bringing together in one place, the physical and documentary evidence of the City's past. 3. The City will benefit by having this information available for planning purposes. Departments responsible for permitting will be better informed about the need for study, or continuing oversight, "in both the historic core and underdeveloped areas"; when to require environmental studies; and the levels of effort appropriate in any given situation. 4. The City will benefit from being able to capture the current and growing interest among tourists and visitors by creating interpretive displays of local history and prehistory. 5. The schools, general public, and scientists will benefit by having access to cultural materials derived locally for purposes of display, education, interpretation, and future research. 003 c:\MyFi1es\Backup\wp{wp}.bk3 412 City Council Resolution 2000-_ Cultural Resources Curation Management Plan September 19, 2000 6. Those pursuing research in history and archaeology will have a comprehensive data base without having to search far and wide for scattered collections and documents. The materials themselves will benefit by being preserved in a secure environment which meets prevailing standards for curation. 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 adopt the Cultural Resources Curation Management Plan 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 19th day of September, 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 rr� 413 cAMyFiles\Backup\wp {wp }.bk3 ATTACHMENT 1 CITY OF LA QUINTA CULTURAL RESOURCES: COLLECTIONS MANAGEMENT PLAN Prepared by: Roberta S. Greenwood Greenwood and Associates 725 Jacon Way Pacific Palisades, California 90272 June 2000 PACHRISTI\DocCu1ResP1an.WPD 006 414 Mission Statement The City of La Quinta has enacted an historic preservation ordinance (Ord. 207,1992; Ord. 238, 1993), stating its intent to: ■ Effect the enhancement and preservation of historic resources, landmarks, and districts; ■ Safeguard the city's historic heritage as represented by these cultural resources; ■ Stabilize and improve property values; ■ Foster civic pride in the character and accomplishments of the past; ■ Protect and enhance the City's attraction to residents and visitors, thereby supporting business and industry; ■ Strengthen the economy of the City; and ■ Promote the use of landmarks and historic districts for the education, enjoyment, and welfare of the residents. Section 7.04 established the Historic Preservation Commission; Section 7.06 set forth the procedures and criteria for designating an inventory of historic resources; Section 7.08 discussed permits and improvements; while Section 7.10 provided for penalties. Certain minor items need review and amendment - particularly regarding archaeology and compliance with the California Environmental Quality Act (CEQA) - but the intent of the ordinance is clear. Cultural materials whether acquired by survey, excavation, or donation, and whether of prehistoric or historic origin, fall within the purposes and objectives of the ordinance. The City of La Quinta is considering the benefits of establishing and maintaining a facility for the permanent curation of cultural materials collected during environmental investigations or by donation. Cultural materials are defined broadly to include - but not limited by - such physical remains as artifacts of Native American origin or use, historical artifacts, faunal remains, or soil samples recovered during archaeological studies. They also include historical maps and documents, photographs, public records, and all the supporting paperwork from cultural resource studies including site records, survey and excavation reports, field notes and site maps, catalogues, analytical studies (such as the results of radiocarbon dating or obsidian analysis), interview notes, and background reference matter. Heritage concerns will be addressed by reassembling from multiple scattered locations and bringing together in one place, the physical and documentary evidence of the City's past. The City will benefit by having this information available for planning purposes. Departments responsible for permitting will be better informed about the need for study, or continuing oversight, "in both the historic core and underdeveloped areas"; when to require environmental studies; and the levels of effort appropriate in any given situation.. The City will benefit from being able to capture the current and growing interest among tourists and visitors by creating interpretive displays of local history and prehistory. PACHRISTMocCuIResPIan.WPD 007 415 • The schools, general public, and scientists will benefit by having access to cultural materials derived locally for purposes of display, education, interpretation, and future research. Those pursuing research in history and archaeology will have a comprehensive data base without having to search far and wide for scattered collections and documents. The materials themselves will benefit by being preserved in a secure environment which meets prevailing standards for curation. The City will recover some part of the costs of acquiring and maintaining a curation facility by charging fees from those who deposit collections derived from contract research. Such fees are acceptable and routine in such contracts. There is currently a state-wide crisis is the shortage of curation facilities. Most of the universities which used to provide curation are now full and accepting only the products of faculty or student research. Many museums, even the Los Angeles County Museum of Natural History, no longer are able to accept even staff collections. The Ventura County Museum has turned over all of its archaeological accessions to a local junior college where their care is doubtful. The University of California at Riverside has signaled an intention to construct a curation facility in conjunction with the Metropolitan Water District of Southern California, but the location may be near the new Diamond Valley Lake Reservoir, and no final plan or date has been announced. A new facility in the Coachella Valley will be welcome. The City may decide to accept only collections from within its boundaries, or to access cultural materials from a broader region. PACHRISTI\DocCuIResPIan. WPD ii 416 • CONTENTS Part I - Standards for Curation.................................................... 1 Federal................................................................I State of California....................................................... 3 Part II - Specific Concerns of La Quinta ............................................. 4 Current Status of the La Quinta Materials ..................................... 4 Short Term Management..................................................5 Permanent Curation ......................................................7 Issues Regarding Curation in La Quinta..................................... 14 References Cited ............................................................17 Appendices 1. Samples of Forms Used in the Central Arizona Project Repository ................................... 19 2. Samples of Forms Suggested by the Department of Parks and Recreation ............................... 20 3. Examples of Catalogue Forms ........................................... 22 PACHRISTI\DocCu1ResP1an. WPD ill 009 417 • LA QUINTA CULTURAL RESOURCES COLLECTIONS MANAGEMENT PLAN Part I - STANDARDS FOR CURATION Existing Standards When cultural materials are acquired during any surface collection or excavation conducted as part of survey, testing, or the mitigation of impacts upon prehistoric or historical sites, the California Environmental Quality Act Statutes and Guidelines stated that planning should include not only a final report but "plans for the curation of collected materials" (CA 1994:6). Both the State of California and the United States Department of the Interior (DOI) have formulated standards for the management and curation of archaeological collections. Relevant sections with application to the prehistoric and historical collections gathered during investigations conducted within the City of La Quinta are summarized below. Federal Standards From a peer review of many repositories and institutions, the legislative and regulatory background, archaeological literature, questionnaires and consultations, the Heritage Conservation and Recreation Service (HCRS) developed an overview of the problems confronting the conservation of archaeological materials and a set of general recommendations (DOI 1980). The findings are relevant since 85 percent of the institutions visited in 1980 were already participating actively in cultural resources management contracts, and others were involved at a lower level. HCRS accurately anticipated the need for storage facilities and for standardizing methods and procedures for preserving the collections. The major problem areas reported were cataloguing, storage conditions, condition of the collections, security, accessibility, curatorial services, sensitivity of certain materials, and managerial considerations such as policy manuals, accession or deaccession, security, insurance, and public service. The ultimate conclusion was that planning for collections management should begin before any collections are made, as part of the research plan and process of contracting. The place of curation should be identified, and crucial elements of the repository's plan should include: Scope of collections statement; Statement of purpose; Acquisition policy; and Operating manual addressing: P ACHRISTI\DocCu1ResPlan. WPD 010 0 0 registration procedures; accession file; catalog file; cross-reference files; conservation file; loan file; and files for photo data, projects, library references, history of the use of objects from the collections; location of analogous collections, etc. (DOI 1980:95). More specific recommendations were developed by the National Park Service (NPS) as 36 CFR Part 79 (1991). The defined regulations apply to collections resulting from actions under the authority of the Antiquities Act (16 U.S.C. 431-433), the Reservoir Salvage Act (16 U.S.C. 469-469c), National Historic Preservation Act (16 U.S.C. 470h-2), or the Archaeological Resources Protection Act (16 U.S.C. 470aa-mm). Cultural materials gathered as a result of any federal jurisdiction or participation are subject to these regulations, and any repository providing the curatorial services must possess the capability to provide adequate long-term services to protect and preserve both the material remains and associated records (NPS 1991:4-5). The NPS regulations define "material remains" to include architectural and structural components, intact or fragmentary objects of human manufacture, intact or fragmentary natural objects used by humans, by-products or debris resulting from the manufacture or use of man-made or natural materials (e.g., slag, dumps, or debitage), organic material, and environmental and chronometric specimens (e.g., wood, seeds, animal bone, shell, soil). Types of "associated records" to be maintained include, but are not limited to, originals or copies of field notes, site forms, maps, photographs, inventories, laboratory reports, public records compiled during the research, electronic data, and administrative paperwork relating to the investigation(s). The regulations stipulated by 36 CFR Part 79 (NPS 1991) further set forth that curatorial services are to be provided according to professional museum and archival practices which include: 1. A system to inventory, accession, label, and catalogue a collection; 2. A system to identify, evaluate, and document a collection; 3. Appropriate physical conditions of environmental control and security, and appropriate packages and containers; 4. Periodic inspection of the collection, and implementation of any actions needed to preserve it; 5. Access and facilities to study the collection; and 6. Methods of handling, cleaning, stabilizing, and conserving the collection (1991: 7-8). Additional criteria used by the federal agency in evaluating the capability of a repository to provide adequate curation include: records of damage, loss, deterioration, deaccessions, transfers, repatriations, or discards; dedication of the facilities for exclusive needs of the collection; use of the collection; and physical condition of the facility and any exhibit areas (NPS 1991:18-27). Specific requirements such as the type of packaging are not called out, but the criteria for a satisfactory repository and qualified museum professionals are established. PACHRISTI\DocCulResPlan. WPD 2 011. 419 i 9 State of California Standards Recognizing the fragile and non-renewable nature of cultural materials which cannot be preserved in place, the Resources Agency of California issued Guidelines for the Curation ofArchaeological Collections in 1993 for the express purposes of enhancing cultural traditions, conducting scientific research, and providing educational and heritage appreciation programs. The document is designed to assist private and public curatorial repositories in preserving prehistoric and historic collections recovered under the authority of state environmental laws, codes, and regulations. The statements describe specific procedures to assemble, prepare, manage, and preserve collections; criteria for the capability of the repository to provide permanent curation; procedures for the use of collections; and terms for acquisition and use (DPR 1993:1), all of which are essentially parallel to the federal regulations summarized above. The state guidelines have additional details about selection and deaccessioning, i.e., what may be culled and what should be saved. These guidelines require that the archaeologist assembling a collection should evaluate the values of the material for future research, heritage appreciation, education, and interpretation. The variables to be considered include: 1. The type of resource investigated; 2. Research goals of the investigation; 3. Concerns of affiliated groups; 4. Distinctive curatorial goals of the repository; 5. Regional goals expressed in historic preservation plans; and 6.Other factors or values (DPR 1993:4). The state guidelines emphasized that any treatment needed for preservation should be provided prior to curation, and that any materials to be culled should be adequately documented prior to discard. A program of "controlled disposal" was recommended whereby any materials to be culled might be saved in inexpensive containers in a facility which might not qualify as permanent curation, so that there would be some potential for future re-examination. Explicit criteria should be made for deaccessioning, and a determination of who is responsible for making such decisions. Within the permanent facility, the state suggested that stable materials could be stored on open shelves (DPR 1993:7). Other provisions in these guidelines specified inventory, archivally stable records and containers, hard copies of electronically entered data files, and a duplicate copy of all records to be stored in a second secure facility (DPR 1993:7-9). The general objectives and specific standards, in both the federal and state guidelines, apply equally to prehistoric and historical collections and all associated research documentation. Native American Concerns Any human remains encountered in the field are subject to State of California law regarding immediate notification of the county coroner (Health and Safety Code, Sect. 7050.5). If the coroner PACHRISTI\DocCulResPIan.WPD J 012 420 • 0 determines that the remains do not represent a victim of current crime and are of Native American origin, the procedures for the identification of the most likely descendant will be followed, and agreement reached about the treatment of the remains (Public Resources Code, Sect. 5097.98). Federal provisions are established for the repatriation of human remains and associated grave goods which are part of sacred patrimony (Title 25, U. S. Code Sect. 3001 et seq., called NAGPRA). These are not subject to curation by the City of La Quinta. Part II - MANAGEMENT OF LA QUINTA PROJECT MATERIALS Neither the federal nor state guidelines differentiate between short term management and what may be properly called curation. Permanent curation refers to the long term preservation and care of.a collection after all of the studies have been conducted and a final technical report prepared. When the curating facility has been identified and the laboratory and curation manuals developed in advance, the management of the cultural materials and their paperwork follows the specified procedures from the beginning of an investigation. When the ultimate repository is unknown, a temporary plan is necessary to safeguard the collections and minimize redundant effort. For the most part, interim (short term) management comprises the procedures normally followed in the laboratory, plus packaging and duplication which anticipates the requirements of the ultimate repository and provision for the temporary safe and secure storage of cultural materials during research and analysis. With reference to collections already recovered, the City of La Quinta needs a bibliography of all reports prepared to date, and the present whereabouts of the resulting cultural materials. Until a curation facility is established and operational, there should be a temporary curation plan for the prehistoric and historical materials consistent with the state and federal guidelines. This should include specifications for the preparation of the materials for permanent curation, complete inventory, collection locational guide, criteria for deaccessioning, inventory of repatriation material, process for tracking loans or displays, and a curation manual with guidelines for receiving, organizing, managing, and preserving the collections. The materials should be prepared for curation as soon as they are no longer needed for analysis, and a curation manual should be developed to assist in the management and preservation of the City's collections; Dr. Martz has developed such a prototype for the Metropolitan Water District of Southern California (1996). Her recommendations are incorporated in the short term management and permanent curation plans presented below for the City of La Quinta. At the present time, the City's historic preservation program is not in compliance with the -main provisions of the state or federal guidelines for the following reasons: curation is not identified as an explicit item to be stipulated in cultural resource investigations at all levels; no facility for permanent curation has been established; no standards have been adopted or place identified for temporary storage; no discard policy has been set forth; archival packaging and paperwork has not been specified; and there are no manuals to guide any of the steps in either temporary orpermanent curation. PACHRISTI\DocCu1ResP1an.WPD 4 013 421 0 Current Status of the City of La Quinta Cultural Materials A preliminary review of 24 cultural resource survey and excavation reports on file with the Community Development Department reveals that four of them state that the materials "will go to the City of La Quinta," "will be the responsibility of the City of La Quinta," or presumably are already at the City. The status and location of these materials is unknown at present. Two reports (1981 and 1982) say that the collection "will be moved to ARU" [the Archaeological Research Unit at the University of California, Riverside], and two reports dated in 1993 say that the collections are at ARU. Although UC/Riverside is presently planning an accredited curation facility in coordination with the Metropolitan Water District of Southern California, it is not now known whether the Department of Anthropology met the appropriate standards in 1993, whether the collections were accessioned there, and their present condition. One collection made in 1998 was at the office of L&L Environmental, Inc., and no mention at all was made of curation in the other 15 documents reviewed. The above constitutes only a partial review of reported cultural resource studies which have been conducted in La Quinta. From perusal of the bibliographies appended to the above 24 reports, it is clear that many additional investigations have been conducted. These reports, and documentation of the resulting collections, are yet to be discovered. Short Term Management Short term management refers to that period from the time when materials are acquired from excavation or other avenues of research until they are deposited in a place of permanent curation. When no repository has been identified, it is essential that cultural materials and documents be handled in a manner that will be consistent with the requirements of the ultimate facility. Advance planning is also most efficient in time and costs so that materials do not have to be handled, labeled, or packaged twice, and that the condition and whereabouts of all elements of the collection are known at all times. The following steps would comply with the federal and state guidelines and are offered as a minimum set of standards for the short term: A-1. Cultural materials will be cleaned, as appropriate to their raw material and their research potential. Procedures will be spelled out in a laboratory manual. For example, flaked stone tools which may retain blood residues will not be washed because there are analytical techniques that may identify the animal(s) hunted or butchered. Milling stones and manos may retain microscopic particles of the plants which they processed. Glass objects with even fragments of paper labels will be dry - brushed with care. Organic materials from a defined feature or context, which would be suitable for radiocarbon analysis or other studies, will be packaged and labeled appropriately in the field. PACHRISTr DocCu1ResP1an. WPD 5 014 422 A-2. Cultural materials will be marked or labeled, as directed in the laboratory manual for various types and sizes of materials. A-3. Cultural materials will be catalogued using appropriate columns for catalogue number, provenience, raw material, name of item, dimensions and weight, and pertinent remarks, in a system defined in the laboratory. For example, an entry for historical ceramics would include paste body, form, color, pattern, maker and dates, if known, and reference citation. An entry for a Native American projectile point would include raw material, size, weight, form of stem and/or blade, presence of retouch or asphaltum, and a type classification. A-4. Fragile artifacts, very small items, and historical documents will be packed to protect them from breakage, loss, and deterioration. For example, beads will be placed in small rigid containers such as vials or film cans. Historical paper or documentary material will be interleaved with acid -free tissue and/or placed in protective polyethylene sleeves, and stored flat in files. Each such item removed from the bulk of a collection will be suitably identified by site, provenience, and catalogue number, labeled as fragile, and the whereabouts entered into a locational data file., A-5. Items of value, such as coins, will be packed and stored in locked security. Each item removed from the bulk of a collection will be suitably identified by site, provenience, and catalogue number, and the whereabouts entered into the locational data file. A-6. Photo logs will be prepared for all prints and slides.. A-7. No contaminants which must be removed later, such as rubber bands, paper clips, or staples, will be used on paper records or artifact packaging. A-8. Documentation will be prepared for all items removed temporarily from the collection for technical studies, security, loan, or display, or permanently for repatriation. A-9. A discard policy will be established, and revised if necessary, after all of the collection has been recorded, evaluated, and analyzed. Some culling may take place after the study has been completed, consistent with the discard policy and conditions of the permanent curating facility. The individual(s) responsible for decisions about items which do not require curation will be identified, and the rationale for discard made explicit. Records will be maintained for all materials discarded, and notes added to the catalogue for items deaccessioned. A-10. Any items which will need professional conservation or treatment prior to permanent curation will be identified and made accessible. Examples might include fragile bone artifacts or other perishables in need of stabilization, display -worthy ceramics to be reconstructed, metal objects to be cleaned or restored, paper documents or photographs to be mounted or copied onto archival stock, PACHRISTI\DocCu1ResPlan. WPD 6 ols 423 etc. Conservators generally prefer that no interim procedures should be attempted which might have to be reversed under professional care. A-11. Items particularly suitable for public display, educational use, or interpretive services will be identified, packed, and stored separately, whether destined for permanent curation or discard. These materials will be made known to those planning for public displays or outreach. A-12. For each assemblage, a curation document will be developed for the guidance of the future curator and the facility responsible for the management and preservation of the collections. This is a record of the procedures which have been taken to clean and stabilize the materials, catalog the collection, document and track materials, code and enter electronic data with instructions for accessing the data base, and cull the collection. It will include an estimate of the cubic feet of containers to be curated permanently, and the lineal feet of shelving or number of files needed for documents, paper records, maps, and drawings. It will specify items or materials which need professional treatment or conservation, and contain an inventory of any artifacts which have been stored apart from the main collection, sent out for technical studies, loaned, or repatriated. It will include an inventory of artifacts, photographs, documents, equipment, or other objects with interpretive value. Completion of the steps outlined above will provide temporary protection of the cultural materials and their records for the short term. The laboratory and curation manuals, discard policy, and comprehensive inventory will identify what additional measures will be needed for permanent curation. Following these steps will minimize repetitive handling of artifacts and expedite transfer of collections from the laboratory to permanent curation. Permanent Curation The following standards can be achieved with maximum efficiency after the curatorial facility has been identified and has developed its own internal policies for preservation, documentation, and maintenance. These recommendations are based upon the federal and state standards (NPS 1991; DPR 1993); the procedures of some of the State Archaeological Information Centers, particularly those of the University of California at Santa Barbara which are the most detailed (UCSB 1995); guidelines of the Central Arizona Repository (CAPR 1993); and the collections statement by the United States Army Corps of Engineers (USA 1991). The State of California has defined a qualified repository as an institution that can provide "professional, systematic, and accountable curatorial services on a permanent basis in accordance with the guidelines" (DPR 1993:3). The professional expertise is provided by one who "should, as a minimum, have experience in collection management and a graduate degree from an accredited institution in anthropology, history, museum studies, or related discipline, or equivalent experience" (DPR 1993:3). The following considerations will comply with federal and state guidelines, and will be incorporated into a collections management manual for the Inland Feeder Project: PACHRISTI\DocCu1ResP1an.WPD 7 424 B-1. An accession number will be assigned to the collection. Usually, a separate designation is assigned to each archaeological site or other location. B-2. Preparation of documentation a. All field notes, level records, historical research papers, interview notes, photo logs, mapping data, manuscripts, summary notes, and other paper records will be organized. If not already printed on acid -free stock, all such records will be copied onto archival papers and stored in acid -free file folders, without paper clips, rubber bands, staples, or other potential contaminants. A duplicated copy of these materials will be filed in a second, secure facility. b. All field maps, site or feature maps, project development maps, historical maps gathered during research, and other locational documents will be retained. Oversize original maps or field drawings will be interleaved with acid -free tissue and entered into the record -keeping system. Where possible, such graphics will be copied onto archival paper. Optimally, they will be stored in flat files rather than rolled. c. Photographs and slides will be accompanied by logs or record sheets printed on archival quality paper. Prints and slides will be marked with No. 2 pencil so that they can be cross- referenced to the logs. Photographs, negatives, contact sheets, and slides will be stored in appropriate archival polyethylene (not vinyl) Vue-All envelopes, incorporated into acid -free binders, suitably labeled. These materials will be stored in a stable environment with devices for controlling and monitoring the humidity and temperature. d. Other documents. Manuscripts, draft and final reports, supplementary catalogs, lists of discards, laboratory processing methods, research notes, historical data, any conservation treatments which have been utilized, and other useful information will be copied onto acid -free paper. If generated on the computer, both an archival quality hard copy and the disk(s) will be preserved. Electronic media will be write -protected and backed up on tape. If the curating facility has the capacity, long-term storage of electronic media may be supplemented by CD-ROM, although its survival time is not yet proven. e. Artifact Catalog. The catalog will be formatted and provided in both hard copy on acid - free stock and on computer generated disk(s). The following fields will be included as a minimum: accession number, site number if different, catalog number, unit, level, material, number of objects, descriptor(s), weight and/or count as appropriate, and discard status. An explanation of the cataloging system, and instructions for accessing the computerized data base, will be provided, as well as locational data for all materials. Identification of items suitable for display, interpretation, technical studies, or illustration may be entered into the catalog, or provided as a special summary. A separate listing will be provided, maintained, and updated which records the current location of all items removed from the bulk of the collection for analysis, conservation, loans, locked storage, or other reason. PACHRISTr\DocCu1ResP1an. WPD 8 017425 f. Forms. A standard set of forms will be developed for continuing use to record and track the locational data of items stored separately, removed from the collection for special analyses, on loan or stored elsewhere; box inventories; loans or new accessions; conservation methods and results; discards; and repatriations. Some examples of the format in use by the Central Arizona Project Repository (1993) are provided in Appendix 1. These are provided for general reference only, to suggest the kind of tracking which may be appropriate. Forms suggested by the California Department of Parks and Recreation for acquisitions, loans, and other aspects of curation are included as Appendix 2. Each form will be accompanied with detailed definitions of each entry and instructions for its use, and will be included in the collection management manual. g. Manuals. Repository manuals will be developed to cover the following aspects of collections management: the laboratory manual; cataloguing manual with explanations of fields, coding, etc.; the data entry program utilized; and the temporary and permanent curation standards and requirements. These establish the procedures to be used in all investigations on behalf of the City of La Quinta and will provide for any particular or specific amendments which may become necessary in the future, once the repository is identified. A curation handbook will be prepared separately for each site for the guidance of the curator and those who may wish to access the collection. This document will contain the catalog, master boxed collections inventory, locational data, photographic and cartographic inventories, release forms for items, nature of the investigation, and a summary or abstract of all reports generated for that investigation. h. Discard Policy. Final responsibility for culling the collection is shared by the archaeologist responsible for the investigation and the professional curator in charge of the repository. No culled materials will discarded without the City's prior approval. Decisions about retaining cultural materials will be based upon their values for future research, heritage appreciation, education, and interpretation. These values may vary in accordance with (1) the type of prehistoric or historic archeological resource investigated, (2) the research goals of the investigation, (3) concerns of culturally affiliated groups, (4) the distinctive curatorial goals of the respository, (5) specific regional goals specified in historic preservation plans, and (6) other factors. Accordingly, flexibility in the selection of materials for curation should be maintained [DPR 1993:4]. The California Department of Parks and Recreation recommends, as a minimum, that a representative sample of all classes of cultural materials should be retained, excluding an overriding concern such as health risk, repatriation, or materials such as organic or metallic objects beyond conservation treatment at an acceptable cost. The collections management plan should give priority to complete finished objects; fragmentary objects with diagnostic attributes useful for comparative analysis; and material with residues, chemicals, or elements potentially useful for future studies (DPR 1993:4). PACHRISTI\DocCuIResPJan.WPD 9 426 In the event that the total assemblage from a site cannot be curated, heritage values, sampling theory, and future research potential should be weighed against practical storage limits. Any materials to be culled should be adequately documented; if already catalogued, they should be deaccessioned and separate inventories created of the discards. The state recommends that culled materials should not be discarded as refuse, but placed in suitably labeled inexpensive but sturdy containers, and stored in "deep storage facilities" which might not qualify as curation repositories. In this way there would be some potential that the culled material could survive for future re-examination (DPR 1993:5). B-3. Material Remains Where possible, individual prehistoric or historical artifacts will have been marked directly on the least photogenic surface with the site (accession) number and catalog entry number in black or white indelible ink with a lacquer top coat, such as acryloid B-72 or clear fingernail polish. White correction fluid or other pigment is not to be used as a base coat under the numerals. When items are bagged separately, each should be placed in a polyethylene zip -top bag with an acid -free tag inserted which bears the provenience data. Such bags may be of 2 mil thickness up to a size of 3 x 5 inches, and 4 mil thickness above that dimension (UCSB 1993:4). Items can be grouped by material type. Perishable specimens such as vegetal, fiber, feather, or hide objects will not be labeled directly, but identified with string -tie tags and/or packed in archival foam or acid -free tissue and laid flat in acid -free, labeled boxes. Very small artifacts such as beads or fine lithic debitage need not be labeled directly, but will be wrapped in acid -free tissue and placed in small rigid containers or vials. An acid -free label will be placed inside, and the container will also be labeled on the exterior (not the lid). Gelatin capsules will not be used. Bulk samples of soil, shell, midden, etc., will be bagged in sturdy polyethylene bags of suitable thickness. All such materials will be thoroughly dried before bagging. A small archival tag with all catalog reference data will be enclosed within a small polyethylene bag inserted into the larger sample bag so that it is readily visible. Non -acidic or curatorial quality cloth bags are acceptable where appropriate if they are securely tied, with archival labels within small polyethylene zip -top bags placed inside, and the exterior labeled by acid -free hang tags affixed with cotton string or other indelible markings. The same procedure will be followed for multiple, fragmentary, or batched cultural material such as flakes, broken bottles, nails, sherds, etc. from the same provenience; they may be bagged together with a similar sort of archival tag enclosed in a small polyethylene bag placed inside the larger bag. Paper bags will not be used. Oversize and very heavy objects, even if they have been labeled directly, will be additionally identified with an acid -free card -stock tag tied to the object with heavy cotton string so that the tag can be read without moving the item. Metal rim tags, flagging tape, twist -ties, or labels attached with wire are not acceptable (UCSB 1993:11). Items which are stable, such as large milling stones, may be stored on open shelves. PACHRISTI\DocCu1ResP1an. WPD 10 019 427 B-4. Organization of the Collections There are many ways to organize a collection, the most common being by material (faunal, ground stone, ceramics, metals, etc.); by function (all toys, all clothing parts, electrical fixtures, etc.); by a given provenience such as a feature or locus; or even by catalog numbers. The organizing principles must consider maximizing access to a particular artifact type or class of artifacts for future research, and the different environmental conditions or special facilities which may be necessary for preservation. Prehistoric artifacts are most often grouped by material; for example, almost all projectile points, manos, or pestles, are made of stone. The function of Native American artifacts is not always known but the raw material relates closely to technology, and this can usually be ascertained. When a use seems apparent, such as a relation to hunting or food processing, an ascribed function may be treated as a secondary level of classification. On.the other hand, historical collections are best approached for research or display when grouped by function. In this manner, for example, all buttons would be accessible in a single place for reference or illustration whether made of rubber, glass, clay, metal, bone, or plastic. Similarly, a doll might be made of any combination of cloth, porcelain, plastic, glass, hair, or leather. Whether the items are similar in function but made of different materials, such as buttons, or like items composed of several different materials, like some dolls, analysis and research are better served by keeping these artifact groups together and identifying raw material at the secondary level. It is not a problem to organize prehistoric and historical objects differently, as long as the approach is made explicitly clear during the initial laboratory processing, and the curation manual describes the methods for tracking. For large collections, it may be desirable to organize the materials from each site into three classes: research collections, special collections, and archives (CAPR 1993:19-21). The research collection includes the majority of the artifact and sample collections, and is divided into material or sample types and organized by provenience. The laboratory and those who manage temporary curation will keep like materials (or for historical artifacts, those of like function) in the same or sequential boxes. For example, where the inventory can be anticipated during cataloguing,. it may be possible to set aside the first xx number of boxes for flaked stone, xx number of boxes for ground stone, xx boxes for unprocessed flotation samples, or xx boxes for such categories as table ceramics or glass bottles or toys. If this approach is followed for a large assemblage, the special collections might include whole or reconstructed ceramic vessels, artifacts illustrated in reports, materials of particular research, interpretive, or economic value, those of particularly fragile nature, perishables, or diagnostic items such as projectile points. The archives collection includes all of the records - typically on paper - associated with the project. These include the research design, field notes and level records, maps and drawings, photographs and negatives, photo logs, ethnographic or historical data compiled during the background research, notes of oral interviews, site records, laboratory and ancillary study reports, artifact catalogue, copies of all manuals, records of artifact treatment, forms related to acquisition, loans, or other tracking, location of all materials, correspondence and other communications, and the final report(s). PACHRISTI\DocCu1ResP1an. WPD 11 'W 428 All the materials which will fit will be packed into acid -free cardboard boxes of uniform size, preferably made of 200-pound Kraft stock and assembled by folding. No staples, glue, or tape will be used. Boxes will be numbered sequentially, beginning with the research collections, followed by special collections and boxes containing archives. Any oversized boxes or unboxed materials stored on open shelves will be individually numbered at the end of the research collection sequence, and any map tubes will receive separate numbers at the end of archive box sequence. To the extent practicable, each box will contain only one type of material; however, if there is too little material to justify separate boxing, different material types may be packed within smaller boxes inside the standard carton, with both sizes clearly labeled. When padding is needed for individual artifacts or groups of artifacts, crumpled tissue paper or polyethylene cushion foam will be used. Non -buffered, acid -free tissue is recommended for organic materials, including shell and bone, although regular acid -free tissue is acceptable for stone or pottery. When it is prudent to use substantial padding during transport of collections or to protect surfaces, styrofoam peanuts will not be allowed to come into direct contact with an object (CAPR 1993:25); the object will first be wrapped in a polyethylene or paper bag, acid -free tissue, or polyethylene cushion foam. Styrofoam packing material will be promptly removed upon arrival. Bubblepak is acceptable only for short term transport. Neither printed, newspaper nor cotton batting will be used. B-5. Collection Inventory Each box and each individually stored or oversized item will be numbered, beginning with number 1 and continuing with no gaps to the last number. A research collection might be organized as follows: Boxes 1-3. Ceramics from site CA-RIV-xxx. Boxes 4-7. Ground stone from site CA-RIV-xxx. Box 8. Flotation samples from site CA-RIV-xxx. Box 9. An oversized ceramic vessel, or a large milling stone, from site CA-RIV-xxx. Item 10. Unboxed milling stone from site CA-RIV-xxx. Box 11. Illustrated artifacts from site CA-RIV-xxx. Boxes 12-13. Photographic documentation from site CA-RIV-xxx. Boxes 14-15. Archival records from site CA-RIV-xxx. When there are special collections, such boxes will be organized in the same sequence. and numbered beginning with the next sequential number. In the above example, a special collection would begin with number 16. Each box will be prominently labeled and numbered on one side and one end (not the lid), with permanent black ink either stamped or hand-written directly on the surface. No labels will be attached with glue or tape. A standard box inventory form will be completed for each box and each individually stored item. This form will itemize the number of bags or discrete items within the box, describe the material type, and list the artifacts by type such as projectile point or rim sherd. Other PACHRISTMocCu1ResP1an.WPD 12 021. 429 columns on the form provide for the feature or structure number, and the figure number for illustrated objects. The count may refer to either the number of discrete items or the number of bags. The form will be prepared in triplicate on archival paper. One copy goes into the box, the second copy is included in the archive documents, and the third is a working copy in the site curation handbook. When any item is removed from either the research or special collection, a release (or tracking) form is inserted into the box, in the archive file, and in the curation handbook. The receipt and return signatures are required on all copies, and a list of outstanding items will be maintained. B-6. Physical Environment The curation facility to house the collections must meet certain standards to safeguard the materials from either deterioration or loss, and from damage by fire, water, or biological hazards (such as vermin or insects). It should have controls and monitoring for heat and humidity in space which will be adequate to contain all the organics and perishables, including paper, photographic, and electronic data. Stable stone artifacts may not need this controlled environment, but require the same level of security against pilferage or theft. Keys to the facility should be controlled, and a sign-in/sign-out log should be maintained for all access. The responsible curator should make regular inspections as a matter of routine to evaluate the condition, integrity, and security of the collection. He or she should inspect the tracking of items signed out for special studies, research, loan, illustration, or other special purpose, and check whether some may be overdue for return. The repository should provide access and facilities to study a collection. Adequate lighting is standard, and running water would be desirable. As defined in 36 CFR Part 79, a physically secure laboratory, repository, or exhibition area will meet local electrical, fire, building, health and safety codes and will have: an operable fire detection and suppression system; intrusion detection and deterrent system; emergency management plan for response to fire, flood, natural or civil disasters, or failures of the structure or its systems; provision for secure storage of valuable or fragile items; limited and controlled access to keys; regular inspections and actions to maintain the collection's integrity; protection against adverse temperature or humidity, visible light, ultraviolet radiation, dust, soot, gases, mold, fungus, insects, rodents, and general neglect (NPS 1991:19-20). Curation is the final responsibility required in the cultural resource management process whether a project is subject to state or federal oversight. Without providing for the preservation of cultural materials recovered during survey, site testing, or data recovery, the efforts are little more than destruction of the City's heritage. B-7. Funding Adequate funding is needed to prepare the materials for curation, to create all guidance or reference manuals, to provide the necessary physical facility and professional supervision of the collection(s), and to safeguard the material objects and documentation permanently. The responsible curation of the results of an investigation is a requirement of the mitigation of impacts on important cultural resources. "Archeological collections and their associated records that are created by compliance PACHRISTI\DocCu1Re01an.WPD 13 022' 430 with state environmental laws, regulations, and guidelines must be housed at qualified repositories that have capability to ensure permanent storage, security, and ready access to qualified users " (DPR 1993:2). Costs for collections preparation and the fees to be charged for permanent curation should be built into the consultant's budgets for cultural resource investigations. The City will determine the fees to be charged against the contractors for permanent curation. References Arizona, State of [CAPR] 1993 Requirements and Guidelinesfor Preparation ofCollection. Central Arizona Project Repository. No place of publication cited. California, State of 1993 Guidelines for the Curation ofArcheological Collections. Department of Parks and Recreation, Resources Agency. Sacramento. [DPR] 1994 CEQA and Archaeological Resources; CEQA Technical Advice Series. Governor's Office of Planning and Research, Sacramento. [OR] California, University of [UCSB] 1995 Proceduresfor the Submission ofArchaeological Materialsfor Curation. Repository for Archaeological and Ethnographic Collections, Department of Anthropology, Santa Barbara. Martz, Patricia 1996 Letter to Wendy Picht, Metropolitan Water District of Southern California, dated January 22. National Park Service [NPS] 1991 36 CFR Part 79, Curation of Federally -Owned and Administered Archeological Collections. United States Department of the Interior, Departmental Consulting Archeologist. Washington, D. C. Sonora State University 1993 Agreement for the Curation of Archaeological Collections. Archaeological Collections Facility, Academic Foundation, Rohnert Park. P:\CHRISTRDocCulResPlan.WPD 14 0,23- 43i • United States, Department of the Army [USA] 1996 Collections Management and Curation ofArcheological and Historical Data. Project Operations, Corps of Engineers, Washington, D. C. United States, Department of the Interior [DOI] 1980 The Curation and Management ofArcheological Collections: A Pilot Study. Heritage Conservation and Recreation Service Publication No. 59. Washington, D. C. PACHRIST1\DocCu1ResP1an.WPD 15 024 432 32 APPENDIX 1 SAMPLES OF FORMS USED IN THE CENTRAL ARIZONA PROJECT REPOSITORY (1993) P:\CHRlSTl\1DocCulResPlan.WPD 16 025. 433 • • APPENDIX 2 SAMPLES OF FORMS SUGGESTED BY THE DEPARTMENT OF PARKS AND RECREATION (1993) PACHRISTM)ocCulResPlan.WPD 21 026 434 APPENDIX 3 EXAMPLES OF CATALOGUE FORMS P:\CMSTI\DocCulResPlan.WPD 22 435 n27 Tiht 4 4a Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 19, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of an Appointment to the Chamber of PUBLIC HEARING: Commerce Information Exchange Committee Bi- Monthly Workshops RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Since the City Council has been attending the Chamber Workshops, they have rotated the responsibility of Council attendance every three months. At the Council meeting of August 3, 1999, Council Member Henderson was appointed. Prior to this, Council Member Sniff, Mayor Pena, and Council Members Perkins and Adolph each served respectively. In order to continue this policy, a new Council representative should be appointed at this time. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint a new Council Member as a representative to the Chamber of Commerce Information Exchange Committee Workshop; or 2. Do not appoint a Council Member representative; or 3. Reappoint Council Member Henderson; or 436 CAMy Documents\WPDOCS\ccjh-Chamber Rep.wpd 4. Continue this for further consideration; or 5. Provide staff with alternative direction. Respectfully submitted, JefrV Hermd Co munity evelopment Director Approved for submission by, Thomas P. Genovese, City Manager 437 -- 002 C:\Mv Documents\WPDOCS\cdh-Chamber Remwnd Tiht 4 stP Q" AGENDA CATEGORY: BUSINESS SESSION: / COUNCIL/RDA MEETING DATE: September 19, 2000 CONSENT CALENDAR: STUDY SESSION: Consideration of an MOU Between CVAG Jurisdictions and Wildlife Agencies Related to Interim Solutions for PUBLIC HEARING: Coachella Valley Fringe -Toed Lizard Permit RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: If the amount of fees collected for Coachella Valley Fringe -Toed Lizard ("Lizard") mitigation between September 1, 2000 and September 1, 2002 is less than $2,000,000, the Cities within the Coachella Valley and the County will be collectively responsible for covering the shortfall. The method by which the shortfall would be paid is not set forth in the proposed MOU, although the proposed MOU states that the shortfall would not be a General Fund obligation. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On August 21, 2000, the CVAG Executive Committee conditionally approved a Draft Memorandum of Understanding ("MOU") regarding the Lizards, which is now subject to the approval of the Coachella Valley Cities, Riverside County, the California Department of Fish & Game ("CDFG"), the U.S. Fish & Wildlife Service ("FWS"), and the Center for Natural Lands Management. The approval by the CVAG Executive Committee was conditioned upon: (1) clarification that the MOU would not impose any General Fund obligations upon the Cities and County, and (2) modification that the language of the MOU address concerns raised by the Cities of La Quinta and Palm Springs. The CVAG Executive Committee simultaneously voted to loan TUMF funds to the Cities and County if the Lizard fees are inadequate to fund the $2,000,000 obligation imposed upon the Cities and County under the MOU. The loan commitment is not reflected in the MOU at this point in time. The MOU is being proposed to address the recent turn -of -events under which CDFG is no longer sanctioning the payment of the Lizard impact fee as adequate mitigation for development projects. For years, both CDFG and FWS has treated the payment of fees as full and complete mitigation for impacts on Lizards. However, in the last 4,38 C:\Mv Documents\WPDOCS\CCJHMOU.doc few months, CDFG indicated that because it had never formally issued a State "take permit" for the program, it was obligated, by law, to no longer honor the fee program. This has resulted in much uncertainty for developers and local land use agencies. It appears that CDFG asserted its new position once the per -acre fee dropped from $600 to $100. The fee reduction was implemented pursuant to the original Agreement regarding the mitigation program, which provided that once $7,000,000 was collected, the per -acre fee would be reduced to $100. Under the terms of the proposed MOU, a total of $4,000,000 is committed for Lizard mitigation for the time period between September 1, 2000, and September 1, 2002. CDFG has agreed to make a determination that this mitigation will satisfy its concerns, and that no further mitigation is needed during the two year period. The $4,000,000 is to be used to purchase additional "sand source" habitat. The MOU requires the Cities and the County to contribute $2,000,000 of the $4,000,000. CDFG and FWS conditionally commit to providing the other $2,000,000. To help satisfy the $2,000,000 obligation of the Cities and the County, those jurisdictions would agree to reinstitute the $600 per -acre fee. However, it is highly unlikely that the Lizard fees will generate $2,000,000. With regard to the shortfall, the MOU provides: "It is agreed that to the extent the mitigation fees are insufficient to satisfy the $2,000,000 local contribution within the time period of this MOU, that the shortfall shall be remedied through loans or other sources. If money is borrowed for the shortfall, the mitigation fee will continue to be collected until such time as the loans made whole including any interest accrued. It is further specifically understood that under no circumstances does this MOU obligate the General Fund of any signatory jurisdiction." (Emphasis added) (MOU, p. 4, ¶ IV. B.1.) On August 23rd, a meeting of the MOU "Technical Advisory Committee" was held at CVAG's offices for the purpose of revising the MOU. The City of La Quinta was represented at the meeting by Assistant City Manager Mark Weiss, Community Development Director Jerry Herman, and City Attorney Kathy Jenson. Kathy Jenson was also present as a representative of the City of Palm Springs. Representatives of CVAG, FWS, and CDFG also participated either in person or by telephone. The purpose of the meeting was to discuss concerns regarding the MOU. During the meeting, the wildlife agencies were informed that the Cities were insisting upon the inclusion of language to the effect that the obligation of the MOU would not constitute a General Fund obligation. This raised concerns on the part of the wildlife agencies that the agreement would not be effective. To placate the wildlife agencies, CVAG staff agreed to language with mandates that the Cities make up the shortfall, even though it is not a General Fund obligation. The wildlife agencies indicated that they did not care where the funds came from as long as the Cities' and County's obligation to come up with the funding was clear. During these discussions, City Attorney Kathy Jenson indicated that the unfunded obligation would be a concern to the Cities of Palm Springs and La Quinta. Assistant 439 City Manager Mark Weiss also expressed the concern that the MOU represents 002 C:\My Documents\WPDOCS\CCJHMOU.doc significant change in policy regarding the funding of Lizard mitigation, since the proposed MOU no longer reflects the approach of "development paying its own way" in mitigating for this species. By stating that any shortfall in the funding generated by the fees "shall" be made up by the Cities and the County, the MOU imposes an affirmative obligation on the part of the Cities and the County to come up with funding other than the referenced fees. On August 25, 2000, CVAG staff distributed a revised MOU, which corrected some, but not all of the concerns the City staff had raised. A copy of the MOU is attached (Attachment 1). On September 6, 2000, City Attorney Kathy Jenson sent CVAG a memorandum outlining the outstanding concerns regarding the MOU. A copy of her memorandum is attached (Attachment 2). On September 12, 2000, CVAG issued a memorandum in response to the September 6, 2000, memorandum of City Attorney Kathy Jenson. A copy of the September 12, 2000, CVAG memorandum is attached (Attachment 3). City staff continues to believe there still are several open issues regarding the MOU, including the following: 1. Given that the anticipated fees are likely to be far less than $2,000,000, how the shortfall will be made up is a legitimate area of concern. However, the details regarding how the shortfall would be handled have not been addressed as of this juncture. There is no commitment to use TUMF to cover the shortfall in the MOU, or in any other binding agreement. City Staff has recommended that the commitment be included in the MOU. CVAG has indicated that no agreement is necessary at this time. 2. The City staff requested CVAG Legal Counsel, Toni Eggebraaten, to issue a legal opinion indicating that it would be lawful to utilize the TUMF fees in this manner. CVAG has stated this request has been taken "under advisement." 3. The specifics of any loan repayment should be pinned down at this juncture with the concurrence of the wildlife agencies. The City staff requested clarification that the source of repayment of any loan is the fees collected alone, together with any grants or gifts received for this express purpose. This request has not been addressed. City staff also requested clarification that the fees collected in year 2003 and following could be used to repay any loan, including interest. Specifically, staff wished to verify that the wildlife agencies would agree that the fees collected in 2003, and following could be used to repay the loan. Thus, beginning in September 1, 2002, 100% of the fees collected to mitigate Lizard impacts would be used to repay TUMF, and that those fees would not be paid to CNLM until the loan is repaid. CVAG has indicated this clarification is not necessary. City staff believes there is confusion on this point, and that this should be addressed at this juncture. 003140 CAMy Documents\WPDOCS\CCJHMOU.doc 4. If the loan is to be from another source (e.g., City of Palm Desert), City staff requested that the obligation be documented now, and that the appropriate legal opinions need to be obtained at this juncture so that the participating agencies would be assured as to the source of the funding for the shortfall. CVAG has indicated this is not necessary. 5. City staff had asked whether CVAG or its legal counsel had researched whether the resolutions adopted to reinstate the $600 per -acre fee would require any of the regular developer impact fee documentation, hearings, and notices. CVAG has responded that some jurisdictions may wish to proceed by urgency ordinance, and have referred to sections of the Fish and Game Code which do not address this issue. This issue remains unresolved. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the execution of the MOU, as drafted; or 2. Authorize the execution of the MOU with modification; or 3. Authorize staff to seek further modification and clarification of one or more of the issues outlined above; or 4. Reject the MOU; or 4. Provide staff with alternative direction. Respectfully submitted, Jerry Herman Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. August 25, 2000, Memorandum from CVAG and August 23, 2000 Draft of MOU 2. September 6, 2000, Memorandum from City of La Quinta to CVAG 00111 3. September 12, 2000, Memorandum from CVAG to La Quinta C:\My Documents\WPDOCS\CCJHMO U.doc ATTACHMENT 1 CVA COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Blythe - Cathedral City - Coachella - Desert Hot Springs - Indian Wells - Indio - La Quinta - Palm Desert - Palm Springs - Rancho Mirage County of Riverside - Agua Caliente Band of Cahuilla Indians - Cabazon Band of Mission Indians August 25, 2000 OpOZ 6,e 0Ob TO: TECHNICAL ADVISORY COMMITTEE FROM: Steve Nagle, Director of Environmental Resources tiin� tf� RE: REVISED--MOU BETWEEN CVAG JURISDICTIONS AND WILDLIFE AGENCIES RELATED TO INTERIM SOLUTION FOR FRINGE -TOED LIZARD PERMIT Please find attached a revised version of the MOU as agreed to among CVAG jurisdictions and representatives from the California Department of Fish and Game and the U.S. Fish and Wildlife Service at the Executive Committee meeting of August 21". Specific points of discussion were raised by the County of Riverside, the City of La Quinta and the City of Palm Springs. Language to address and reconcile these concerns was agreed to in a conference call on August 23rd and are incorporated in the attached MOU. Taking part in the conference were the CVAG attorney and the attorney for Palm Springs and La Quinta, CVAG staff, as well as City and County staff members. Several cities also requested that language which actually referenced the reinstatement of the $600 per acre mitigation fee be inserted into the document. Please note on Page 4 Section IV under B.1. line 6 that language has been incorporated to read: "The CVAG jurisdiction signatories agree to reinstate the $600 per disturbed acre mitigation fee". On August 21'the CVAG Executive Committee voted to approve the MOU as discussed. The next step is for each CVAG jurisdiction to adopt the MOU and to implement either by Resolution or Ordinance the $600 per acre Fringe -toed lizard mitigation fee. The City Council for the City of Palm Desert passed a Resolution on August 24'. A copy of the Resolution is attached for your convenience. In addition, when this item is scheduled for consideration by your respective City Councils, we would be glad to have any members of our negotiating group there to explain details of the agreement or answer any questions you may have. Please call Mrs. Larson or me at any time if we can be of assistance. 006 442 73-710 Fred Warinq Drive, Suite 200 - Palm Desert, CA 92260 - (760)346-1127 - FAX (760)340-5949 RESOLUTION NO. -___� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A $600/ACRE FRINGE -TOED LIZARD MITIGATION FOR DEVELOPMENT WITHIN HISTORICAL HABITAT AS IDENTIFIED IN THE COACHELLA VALLEY FRINGE -TOED LIZARD HABITAT CONSERVATION PLAN (CVFTL HCP) WHEREAS, the Cities of the Coachella Valley, Country, CVAG, CDFG, FWS and The Nature Conservancy (TNC) cooperated in the preparation of the Coachella Valley Fringe -Toed Lizard Habitat Conservation Plan ("HCP"), which was implemented through an agreement signed by the Cities, County, FWS, and CNLM on April 21, 1986 ("HCP Agreement"); WHEREAS, the HCP and HCP Agreement provided for the acquisition and protection of important habitat lands for CVFTL, and provided that acquisition be funded primarily through a mitigation fee, initially set at $600 an acre and later dropped to,$100 an acre, to be collected from landowners who obtain grading or building permits from the Cities or County; WHEREAS, substantial evidence exists that the current $100/acre fee is insufficient to acquire all properties necessary to insure viable preserves capable of perpetuating the species; THEREFORE, be it resolved by the City Council of the City of Palm Desert that the Fringe -Toed Lizard Mitigation fee imposed through the HCP Agreement shall be raised to $600/acre immediately upon adoption of this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held this day of , 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California 00743 Draft August 23, 2000 MEMORANDUM OF UNDERSTANDING Between THE CITIES OF CATHEDRAL CITY, COACHELLA, DESERT HOT SPRINGS, INDIAN WELLS, INDIO, LA QUINTA, PALM DESERT, PALM SPRINGS, AND RANCHO MIRAGE; THE COUNTY OF RIVERSIDE; THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS; THE CALIFORNIA DEPARTMENT OF FISH AND GAME; THE U.S. FISH AND WILDLIFE SERVICE; AND CENTER FOR NATURAL LANDS MANAGEMENT Regarding - MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE COACHELLA VALLEY FRINGE9W LIZARD I. PURPOSE: The Cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, Rancho Mirage, all municipal corporations of the State of California ("Cities"); the County of Riverside, a political subdivision of the State of California ("County"); the Coachella Valley Association of Governments ("CVAG"); the California Department of Fish and Game ("CDFG"), a subdivision of the California Resources Agency; the U. S. Fish and Wildlife Service ("FWS"); and Center for Natural Lands Management ("CNLM"), collectively referred to as "the Parties", enter into this Memorandum of Understanding ("MOU") for the purpose of conserving the sand corridors to maintain the integrity for two of the three reserves established in the Coachella Valley FringwTizard ("CVFTL") Habitat Conservation Plan (HCP), and to ensure such activities comply with both the federal Endangered Species Act, 16 U.S.C. § 1531 et seq., as amended ("ESA"), and the California Endangered Species Act, Fish and Game Code §2050 et seq., as amended ("CESA"). II. AUTHORITY: [optional section; each party to provide statement if it is included) CDFG enters this MOU under authority of CESA and Fish and Game Code § 1802 and §2081. FWS enters this MOU under authority of the Endangered Species Act. 16 U.S.C. 1531, et seq., and the Fish and Wildlife Coordination Act, 16 U.S.C. 661-6.66c, and Fish and Wildlife Act of 1956, 16 U.S.C. 742(f) et seq. Page 1 00P, III. RECITALS: A. WHEREAS the Cities, County, CVAG, CDFG, FWS and The Nature Conservancy (TNC) cooperated in the preparation of the Coachella Valley Fringe -Toed Lizard Habitat Conservation Plan ("HCP"), which was implemented through an agreement signed by the Cities, County, FWS, and CNLM on April 21, 1986 ("HCP Agreement"); B. WHEREAS the HCP and HCP Agreement provided for the acquisition and protection of important habitat lands for CVFTL, and provided that acquisition be funded primarily through a mitigation fee, initially set at $ 600 an acre and later dropping to $100 an acre, to be collected from landowners who obtain grading or building permits from the Cities or County; C. - WHEREAS the FWS issued an ESA section 10(a) incidental take.,Fermit ("Permit") to the Cities and County to authorize take of CVFTL resulting from land development and other activities covered by the HCP; D. WHEREAS CDFG did not sign the HCP Agreement or authorize incidental take of CVFTL associated with the HCP because a permitting process had not been established under CESA at the time the HCP was developed, but CDFG nonetheless participated in implementation of the HCP; E. WHEREAS the California Department of Fish and Game and the U. S. Fish and Wildlife Service have previously issued letters in regard to certain projects expressing concern relative to Fringe -toed Lizard habitat issues Concurrent with the execution of the Memorandum of Understanding, DFG shall provide letters to CVAG jurisdictions thatno -additional permits; are, required for-takfl,of, F.,TL, F. WHEREAS the HCP and IA were amended upon DATE by which the CNLM assumed the obligations of management from TNC. G. WHEREAS the HCP and the IA were amended upon September 1, 1998, to permit the use of mitigation fees and other available funds to acquire high priority sand source and corridor lands within the blowsand ecosystem outside the boundaries of the Coachella Valley Preserve and the Willow Hole/Edom Hill Reserve necessary to maintain suitable habitat for the Coachella Valley Fringe -toed lizard. H. WHEREAS the Parties have concluded that the HCP y not protect the Page 009445 supply of sand through sand source and transport areas that are essential to maintain habitat for CVFTL on two of the three preserves established by the HCP, and�fin# tnot provide sufficient funding for acquisitions to protect these sand source and transport areas; I. WHEREAS the Cities, County and CVAG have been working with the FWS and CDFG to develop a new Multiple Species Habitat Conservation Plan ("MSHCP") for the Coachella Valley pursuant to ESA and the Natural Community Conservation Planning Act, Fish and Game §2800 et seq. ("NCCP"); J. WHEREAS the Parties agree that the CVFTL can best be protected by inclusion of the species in the MSHCP, but desire that certain measures be implemented on an interim basis through this MOU to protect the CVFTL until the MSHCP is in place; and K. . WHEREAS the Parties intend this MOU to supplement and not supersede or amend the HCP and HCP Agreement. IV. THEREFORE, THE PARTIES AGREE TO THE FOLLOWING: A. MUTUAL OBLIGATIONS OF ALL THE PARTIES: 1. The parties agree that during the term of this MOU, the greatest priority for land acquisition shall be acquisition of parcels in Section 8, Township 4S, Range 6E; land along Ramon Road and land along Palm Drive that falls within the sand source and transport areas identified in the Coachella Valley Mountains Conservancy Memo dated June 29, 2000 (Exhibit A). Funds previously collected under the HCP or provided pursuant to the terms of this MOU may be used to purchase lands within these sand source and transport areas; land acquisitions in sand source and transport areas shall otherwise be made using the process described in the HCP and HCP Agreement. 2. The Cities, County, CVAG, FWS and CDFG shall diligently work to complete an MSHCP that provides for conservation of the CVFTL and other species. To that end, the Cities, County , CVAG, FWS and CDFG commit to present to their respective decision bodies the proposed MSHCP in Flc.lefttlor adopt s by - September 1, -2002: CVAG, CDFG and FWS management shall meet every three months to assess the progress of MSHCP planning and address problems as they arise. 446 Page 3 010 B. OBLIGATIONS OF THE CITIES, COUNTY AND CVAG: 1. During the term of this MOU, the Cities and County shall contribute a total of $2 million for land acquisitions within sand source and transport areas, as prioritized in Section IV.A.1 of this MOU. The $ million may i lude_an mitigation fees that the Cities and bounty ggppTg1f during this period pursuant_ to the terms .of the..HCP.-The CVAG jurisdiction signatories agree to ,! > reinstate the $600 per disturbed acre mitigation fee. It is agreed that to. the extent the mitigation fees are insufficient to satisfy the $2 million contribution, the Cities and County -mar make up any shortfall through grants or donations they have received for this purpose, but In no event shall the cities or county be required to fund any portion of the contribution from their general funds It is agreed that to the extent the mitigation fees are insuffi ii.ent to I-� satisfy the $2 million local contribution within the time period of this MOU, that the shortfall. hall be remedied through loans or other sources. If money is - borrowed for the shortfall, the mitigation fee_ will.,coniinue_.to_be collected until such time as the S loans made whole including any interest accrued. It is further I� specifically understood that under no circumstances does this MOU obligate the General`t:fund of any signatory jurisdiction. 2. The County immediately shall adopt as development guidelines the standards in Exhibit B for land use development occurring within sand source and transport areas in Section 8, Township 4S, Ranq.e,6E [and along Ramon Road']. The County shall also within90 days of the effective date of this MOU, consistent with requirements of law, present for consideration adoption of land use ordinances generally consistent with Exhibit B to protect these areas. The County shall obtain the written concurrence of FWS and CDFG for any changes in the development standards set forth in Exhibit B during its review and adoption of land use ordinances for these areas. 3. The County and CVAG, together with Caltrans and Federal Highways Administration, shall mitigate all direct and indirect impacts on CVFTL from widening of Palm Drive through the acquisition program described in this MOU, except that 1 Refer to County Submittal to the Board of Supervisors dated August 14, 2000 (Attached as Exdiibit B). Page 4 acquisitions for direct impacts of the widening project may not be funded with money provided by CDFG or FWS or.FTC mitigation fees from any other project. 4. The County shall subject the Palm Drive interchange project to the normal environmental review process. C. OBLIGATIONS OF FWS: 1. During the term of this MOU, the FWS shall contribute $1 million for land acquisitions within sand source and transport areas and within the CVFTL preserves, as prioritized in Section IV.A1 of this MOU, provided such funds are appropriated. 2. FWS agrees it will not suspend or revoke the Permit during the term of the MOU so long as the Parties comply with terms of the Permit, HCP, HCP Agreement and this MOU. All other tgfms of the permit, HCP and HCP Agreements shall remain in effect. D. OBLIGATIONS OF CDFG: 1. During the term of this MOU, CDFG shall contribute $1 million for land acquisitions within sand source and transport areas and within the CVFTL preserves, as prioritized in Section IV.A.1 of this MOU, provided such funds are appropriated. 2. Within one week of execution of this MOU, CDFG will make a determination pursuant to Section 2080.1 of the Fish and Game Code as to whether the FWS Permit for CVFTL in combination with the mitigation provided in this MOU is consistent with CESA. The determination may be conditioned on compliance by the Parties with the terms of this MOU. E. OBLIGATIONS OF CNLM: 1. It is anticipated that CNLM shall hold funds provided under this MOU and use those funds to acquire land in the sand source and transport areas, as described in Section IV.A.1 of this MOU. V. TERM OF THE MOU This MOU shall take effect on the date last signed and shall expire on September 1, 2002 or upon issuance by FWS and CDFG of take authorizations for the MSHCP, whichever first occurs. 448 Page 5 012 VI. CONDITIONS PRECEDENT The following actions are conditions precedent to this MOU and to performance by the Parties of other obligations under this MOU: A. CDFG's execution of a determination pursuant to Section 2080.1 of the Fish and Game Code finding that the Permit in combination with the mitigation provided.in this MOU is consistent with CESA, and B. The County's adoption of development guidelines and land use ordinances as described in Section IV.13.2 of this MOU. VII. AMENDMENT This MOU may be amended with the written consent of each of the Parties to the MOU, except that the development standards in Exhibit B may be changed during the County's adoption of land use ordinances pursuant to Section IV.B.2 of this MOU provided the FWS and CDFG both provide their written consent to those changes. Vill. THE HCP AND HCP AGREEMENT The Parties intend this MOU to supplement provisions in the HCP and HCP Agreement, as amended, and this MOU does mnot 'amend or supersede provisions in the _HCP and__HCP Agreement. The Parties who signed the HCP Agreement specifically affirm that the HCP and HCP Agreement, as amended, shall remain in full force and effect. IX. ELECTED OFFICIALS NOT TO BENEFIT No member of or delegate to Congress shall be entitled to any share or part of this MOU, or to any benefit that may arise from it. X. AVAILABILITY OF FUNDS Implementation of this MOU by . FWS is subject to the requirements of the Antideficiency Act and the availability of appropriated funds. Nothing in this MOU will be construed by the Parties to require the obligation, appropriation, or expenditure of any money from the U. S. Treasury. The parties acknowledge that FWS will not be required under this MOU to expend any appropriated funds unless and until an authorized official of the FWS affirmatively acts to commit to such expenditures as evidenced in writing. Implementation of this MOU by CDFG is subject to the availability of appropriated funds and a commitment by an authorized CDFG official to expenditure of such appropriated funds. Page 6 013 449 XI. DUPLICATE ORIGINALS This MOU may be executed in any number of duplicate originals. A complete original of this MOU shall be maintained in the official records of each of the Parties. XII. THIRD PARTY BENEFICIARIES Without limiting the applicability of the rights granted to the public pursuant to the provisions of 16 U.S.C. section 1540(g) and under California law, this MOU shall not create any right or interest in the public, or any member thereof, as a third party beneficiary hereof, nor shall it authorize anyone not a party to this MOU to maintain a suit for personal injuries or property damages pursuant to the provisions of this MOU. The duties, obligations and responsibilities of the Parties to this MOU with respect to third Parties shall remain as imposed under existing Federal or California law. . XIII. RELATIONSHIP TO ESA, CESA AND OTHER AUTHORITIES r The terms of this MOU shall be governed by and construed in accordance with the ESA, CESA, and other applicable laws. In particular, nothing in this MOU is intended to limit the authority of FWS to.seek penalties or otherwise fulfill its responsibilities under the ESA, or to limit the authority of CDFG to seek penalties or otherwise fulfill its responsibilities under CESA. Nothing in this MOU is intended to limit or diminish the legal obligations and responsibilities of FWS as an agency of the Federal government or of CDFG as an agency of the State of California. XIV. EXHIBITS The following exhibit is incorporated into this MOU as through set forth in full. Exhibit A Coachella Valley Mountains Conservancy Memo, June 29, 2000 Exhibit B Development Standards for Section 8, township 4S, Range 6E XV. CONCURRENCE The parties agree to the terms of this MOU and will each work diligently to ensure its successful implementation, as evidenced by signatures of their respective authorized representatives below. Page 7 014 450 DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: CITY OF CATHEDRAL CITY By CITY OF COACHELLA By CITY OF DESERT HOT SPRINGS -39 CITY OF INDIAN WELLS By CITY OF INDIO By CITY OF LA QUINTA By Page 8, 451 015 DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: CITY OF PALM DESERT CITY OF PALM SPRINGS By CITY OF RANCHO MIRAGE 0 CITY OF RIVERSIDE By 94 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS By COUNTY OF RIVERSIDE Page 9 016 45? n DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: By CALIFORNIA DEPARTMENT OF FISH AND GAME m U. S. FISH AND WILDLIFE SERVICE CENTRAL FOR MANAGEMENT By Page 10 NATURAL LANDS 453 017 .0 % ATTACHMENT 2 '�&4 4 4 Q" MEMORANDUM TO: STEVE NAGLE, Director of Environmental Resources, CVAG FROM: KATHY JENSON, RUTAN & TUCKER, LLP, CITY ATTORNEYS FOR CITY OF LA QUINTA AND CITY OF PALM SPRINGS RE: AUGUST 25, 2000 MEMORANDUM TO TECHNICAL ADVISORY COMMITTEE AND REVISED MOU REGARDING FRINGE -TOED LIZARD PERMIT DATE: SEPTEMBER. 6, 2000 The City of La Quinta provided me with a copy of your Memorandum dated August 25, 2000, to the Technical Advisory Committee regarding the Fringe -Toed Lizard MOU. Your Memorandum had attached to it a revised version of the MOU. With regard to your Memorandum and the revised MOU, please note the following: I . I do not believe that your Memorandum accurately reflects the status of the comments and concerns of the interested cities, at least not those of the Cities of Palm Springs and La Quinta. As stated by Mr. Weiss, La Quinta's Assistant City Manager, at the August 23, 2000 meeting at your office, this MOU, as drafted, represents a significant change in policy regarding the funding of Fringe -Toed Lizard mitigation. The proposed MOU, as drafted, no longer reflects the approach of "development paying its own way" in mitigating for this species. By stating that any shortfall in the funding generated by the fees "shall" be made up by the Cities and the County, the MOU imposes an affirmative obligation on the part of the Cities and the County to come up with funding other than the referenced fees. Given that the anticipated fees are likely to be far less than $2,000,000, how the shortfall will be made up is a legitimate area of concern to the Cities of Palm Springs and La Quinta and possibly other cities and the County. You will recall when the "shall" language was proposed during the meeting on August 23`d, I specifically asserted that this would be a concern to the Cities of Palm Springs and La Quinta. While we did not continue to belabor the point during the conference call, this was not resolved during the meeting and still have not been resolved. 2. It was my understanding that the details regarding how the shortfall would be handled were to be addressed at this juncture. The revised MOU does not include any such provisions, beyond an agreement that the $600 per acre fee will be reinstated. In this regard, I believe it is necessary to do the following: (a) The commitment to use TUNE to cover the shortfall needs to be included in the agreement or agreements to be presented to the individual cities for consideration by their city councils. Our preference would be that this is handled in a single document. Should it be necessary that it be accomplished in a separate agreement, then it must be clear that the MOU 454 ti will not be effective until and unless the separate agreement is also in place. The agreement would need to recognize that the sole source of the repayment is the fees collected from developers, together with any grants or gifts received for this purpose. (b) We believe it is necessary for CVAG Legal Counsel, Toni Eggebraaten, to issue legal opinion indicating that it would be lawful to utilize the TUN1F fees in this manner. (c) The specifics of any loan repayment needs to be clarified. Specifically, it needs to be clear that the source of repayment of any loan is the fees collected alone, together with any grants or gifts received for this express purpose. It is my assumption that the fees collected in year 2003 and following will be used to repay any loan, including interest. Have the wildlife agencies agreed that the fees collected in 2003 and following can be used to repay the loan? In other words, have they agreed that beginning in September 1, 2000, 100% of the fees collected to mitigate Fringe -Toed Lizard impacts will be used to repay TUN1F, and that those fees will not be paid to CNLM until the loan is repaid? I believe there is confusion on this point which needs to be clarified before the issue can be presented to the various decisionmakers. (d) If the loan is to be from another source (e.g., City of Palm Desert), this needs to be documented now, and the appropriate legal opinions need to be obtained at this juncture. 3. On Page 2, Recitals F and G, the term "IA" is used. You mean HCP Agreement? 4. On Page 3, Section IV.A.2., line 3, delete the space after County before the comma. 5. On page 4, Section IV.B.1, it would seem that this is the best place to clarify that 100% of the fees collected after September 1, 2002, shall be used to repay any loan, including interest. This needs to be addressed in the agreement with CDFG and FWS. 6. On page 7, Section XV., line 1, the "p" in "parties" should be capitalized. 7. On the signature blocks, doesn't the agreement also have to be approved by legal counsel? 8. Has anyone researched whether the resolutions to set the fee back at the $600 per acre level require any of the regular developer impact fee documentation, hearings, and notices? 455 019 Sep-.12-00 01 ; 5SP Coachel laVal leyAssocOfC,ov 760 340f"bWArzil- EN-N V CVA COACHELLA VALLEY ASSI Blythe • Cathedral City - Coachella • Desert Hot Springs - Indian County of Riverside • Agua Caliente Band of September 12, 2000 Post -It'" brand fax transmittal memo 7671 M or pages ► .J Fro l, 7 /! Dept. Phond N Fax 4 /t14 Fax>f TO: TOM GENOVESE, City Manager, City, of La Quinta KATHY 3ENSON, Attorney, Rutan &. Tucker, LLP FROM: Steve Nagle, Director of Fnvironmental Resources RE: QUESTIONS AND ISSIJES RELATED'-' THE MOU FRINGE -TOED LIZARD PERMIT Tom and Kathy this is in response to Kathy Jenson's memo of September 6. Thank you for your comments and input in reference to the MOU. As you know the objective of the Agreement with the wildlife agencies was to find an interim solution to the "sand source" issue. In our negotiations on August I' and 2" we determined and agreed that: Additional sand source acquisition could come from a variety of funding sources including reinstatement of the $600 FTL mitigation fee. • Commitment to complete the MSHCP in a timely manner. • Development standards to be implemented in section 8. Resolution of the Palm Drive and the Palm Drive Interchange The Executive Committee approved the MOU at their special meeting on August 21' and also approved the use of TUMF in case a loan may be needed to make up any shortfall from FTI. ntigation fees either before or after the two ,year commitment. Kathy had some specific concerns mainly about the loan and the local commitment to repay which I have tried to address each of your concerns as set forth below. Cathy Jenson's memo states that the MOU no longer reflects the approach of "development paying its own way" in mitigating for this species. The MOU is very clear in fixing ultimate funding responsibility with development mitigation fees: Page 4 Section IV B 1. "The $2 million may include any mitigation fees that the Cities and County generate during this period pursuant to the terms of the HCP. The CVAG jurisdiction signatories agree to reinstate the $600 per disturbed acre mitigation fee. It is agreed that to the extent the mitigation fees are insufficient to satisfy the $2 million contribution, the Cities and County may make up any shortfall through grants or donations they have received for this purpose, but in no event shall Cities and County be required to fund any portion of the contribution from their general funds. It is agreed that to the extent the mitigation fees are insufficient to satisfy the $2 million local contribution within the time period of this MOU, 02 456 73-710 Fred Waring Drive, Suite 200 - Palm Desert, CA 922130 • (7601 346-1127 • FAX (760)34&5949 RG-12-00 12:54 RECEIVED FROM:760 340 5949 P-01 Sep-12-00 01:53P CoachellaValleyAssoc-OfGov 760 340 5949 P.02 that the shortfall shall be remedied through loans or other sources_ if money is borrowed for the shortfall, the mitigation fee will continue to be collected until such time as the loans (are) made whole including any interest accrued". 2. Kathy Jenson's memo refers to the issues of "details regarding how the shortfall would be handled..." (a). Beyond authorizing the loan concept, on August 21" the CVAG Executive Committee further authorized use of a TUMF loan to be paid back with interest from developer mitigation fees. The preparation of an actual loan document with details would be premature at this juncture because the amount of the loan and interest is unknown and would be speculative at this time. (b), The request for CVAG Legal Counsel to issue a legal opinion on the lawful use of T'UM1, fees relating to said loan will be taken under advisement, The Uniform Transportation Mitigation fee is used for transportation related projects or any other purpose consistent with the Ordinance. The nexus between Palm Drive, the Palm Drive Interchange or any other transportation impacts related to CVFTL habitat would appear to fall under the purposes of TUMF. (c). The question is asked: Have the Wildlife agencies agreed that fees collected (after 2000) can be used to repay the loan? It states specifically in the MOU Page 4 Section 4 B.1. Line 16; "If money is borrowed for the shortfall, the mitigation fee will continue to be collected until such time as the loans are made whole including any interest accrued. Representatives from the USl~WS have stated that it is not their intention to "penalize" participating jurisdictions or layer additional fees after the two year period in repayment of any loan from developer mitigation fees. The funds will exclusively be used for acquisition of sand source land which is the objective of the ivtOU. (d). If the loan is to be from another source (e.g., City of Palm Desert) this needs to be documented now, and the appropriate legal opinions need to be obtained at this juncture. This approach is clearly "putting the cart before the horse". The drawing up of any specific loan document in this phase of reinstating the $600 mitigation fee per disturbed acre and bringing closure to the interim agrectnent with the wildlife agencies could preclude flexibility in terms of other repayment potential sources e.g., grants, donations, etc, in addition, since we do not know whether a loan will actually be needed nor how much the loan might be, it is premature to fashion a loan commitment or specifics of a loan document, Most parties conferred with on this point agree that any loan agreement will need to be drawn when and if we reach that point, The purpose of the current. MOU in question is between the CVAG jurisdictions and the wildlife agencies and any language inserted about loan specifics would be extrinsic to the purpose of the MOU. Page 2, Recitals F and G, "IA" refers to implementing Agreement, 021.457 " 0-"-min 1 0 - _-; PrCF T VFn FROM : 760 340 5949 P . 02 Sep-12-00 01:531? CoachellaValleyAssocOfGov 760 340 5949 P.03 4_ Page 3, Section IV. A.2., line 3, delete space after County before the comma. Donc. 5, This issue is clarified in issue number 1. 6. Page 7, section XV., line 1. The "p" in "parties'' should be capitalized. hone. 7, Signature blocks include ATTEST: (this line may be sighed by legal counsel). The question is asked whether resolutions to "set the fee back at the $600 per acre level require any of the regular developer impact fee documentation, hearings, and notices"? Some jurisdictions may choose to adopt an urgency resolution. It is my understanding that under Fish and Game Code 2081 the Department (ChFG) may authorize acts that are otherwise prohibited pursuant to Section 2020, as follows: "(a), Through permits or memorandums of understanding, the department may authorize individuals, public agencies, (etc...) to import, export., take or possess any endangered. species... Thus the MOU is the mechanism CVAG jurisdictions and the wildlife agencies are using to implement the interim solution for protecting sand source areas and to reinstate the $600 per disturbed acre mitigation fee. The MOU specifically states that the MOU does not amend or supersede provisions of the original HCP and HCP Agreement. (which have been in place since 1985) and that. "The Parties who signed the HCP agreement specifically affirm the 11CP and HCP Agreement, as amended, (prior) shall remain in full force and effect." Please let us know if you still have additional concerns or have any further questions. Also, if you need Corky or I or others to attend your City Council Meeting or study session we will be glad to be there to answer any questions. cc: Doug Evans, Citv of Palm Springs 453 02� n�_r�_ncr ro•c� VFr!FTVFT) FPOM:750 340 5949 P-03 TWY4 XP Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 19, 2000 CONSENT CALENDAR: ITEM TITLE: Consideration to Approve Plans, STUDY SESSION: Specifications, Engineer's Estimate of Probable Costs, and Authorization for Staff to Receive Bids for PUBLIC HEARING: Project No. 97-09, Civic Center Campus Improvements Approve plans, specifications, and Engineer's Estimate of probable costs; and Authorize staff to advertise and receive bids for Project No. 97-09, Civic Center Campus Improvements Phase I; and Approve the revised budget detail as presented. The following represents the project funding sources: 401-000-466-494 Arts in Public Places $340,000 401-000-493-000 Infrastructure Funds $183,250 401-000-493-000 Financing Authority $526,174 TOTAL FUNDING $1,049,424 Less Prior Expenditures ($102,647) BUDGET REMAINING $946,777 459 T:\PWDEPT\COUNCIL\2000\000919i.wpd The following table represents the proposed budget with consideration given to all current available funding and their appropriate designation for expenditure: Item Infrastructure & Finance Authority Arts in Public Places Total Design $12,874 $25,226 $38,100 Technical (Inspect/Test/Survey) $30,000 $30,000 Construction $514,333 $291,281 $805,614 Administration 1 $25,000 $14,719 $39,719 Contingency $33,344 1 $33,344 TOTALS $615,551 $331,226 1 $946,777 Funding for this project is provided from Arts in Public Places Fund, Infrastructure Fund, and Finance Authority (Civic Center bond proceeds). Therefore, there are no funding restrictions requiring the City to pay prevailing wage rates. During Fiscal Year 1990/1991, TKD Associates completed an overall site plan as part of the Civic Center Facility design. During this design, only conceptual ideas were reviewed for the purpose of developing a fine grading plan for the overall campus site. During the Fiscal Year 1992/1993, the Civic Center was constructed, and the Civic Center Campus site was graded. The original intent for the Civic Center Campus was to develop it for future multiple uses as a plaza that would accommodate the La Quinta Arts Foundation's annual Arts Festival event. In addition to the development of the plaza, parking lot expansion would be required to support the plaza development. The future plan identified expansion of the existing parking lot along Calle Tampico and completion of the parking lot south of the Civic Center along Avenida La Fonda. On March 18, 1997, the City Council acknowledged the need for professional design services, and authorized staff to seek proposals from qualified consultants to prepare a master plan and construction documents for the development of the Civic Center Campus. On April 7, 1998, the City Council awarded a contract to the firm of TKD Associates, Inc. (TKD) of Palm Springs, to prepare an updated master plan for the Civic Center Campus. T:\PWDEPT\COUNCIL\2000\000919i.wpd 460 002 On June 17, 1998, staff met with TKD Associates' representatives to review potential improvements and amenities appropriate for the Civic Center Campus. As a result of the comments generated at the meeting, another meeting with the City Manager, Assistant City Manager, City Clerk, and Department Directors was conducted on September 23, 1998, to review overall project concepts. During the Study Session of November 17, 1998, the City Council reviewed potential conceptual ideas, and provided staff and the TKD with comments to be incorporated into the master plan. Based upon these comments from the City Council, TKD presented proposed conceptual plans, and received additional comments and direction from staff at two staff meetings which were attended by the City Manager, Assistant City Manager, City Clerk, and Department Directors on February 4, 1999 and April 16, 1999. On August 3, 1999, the City Council selected a master plan concept. The City Council established future building pads and amenity locations. Phase I provides grading, irrigation, and landscaping as well as walkways, a sculpture, historical plaza, and a lake with the funding that was budgeted during the Fiscal Year 1997/1998 Capital Improvement Program (CIP). This will provide improvements in the near future that will improve the aesthetics of the campus, provide a walkway connection between City Hall and the Senior Center and provide landscaping for dust control. In the future, when other funding sources are identified, Phases II and III may proceed with minimal impacts to the improvements that will be completed during Phase I. The design effort is now considered complete for all phases of the project. The engineer's probable cost estimate for all phases is $1,832,088.50. The available Phase I construction budget is $805,614.00. The Engineer's Estimate is approximately $831,000 for the Phase I improvements. Upon bid opening and verification of bidders prices, actual construction amounts will be utilized to provide recommendations for City Council's consideration. The City Council expressed an interest in conducting a final review of the water geyser feature and the proposed bridge hand rail details. City staff and the design consultant, Mr. Tom Doczi, will complete a short presentation addressing these two elements. Considering the City Council's authorization to receive bids on September 19, 2000, the following schedule is anticipated: Authorization to receive bids Bid opening Contract Award Notice to Proceed Contract Completion (six months) September 19, 2000 November 8, 2000 November 21, 2000 December 11, 2000 June 11, 2001 461 T:\PWDEPT\COUNCIL\2000\000919i.wpd 003 The alternatives available to the City Council include: 1. Approve plans, specifications, and Engineer's Estimate of probable costs; authorize staff to advertise and receive bids for Project No. 97-09, Civic Center Campus Improvements; and approve the revised budget detail as presented; or 2. Do not approve plans, specifications, and Engineer's Estimate of probable costs; do not authorize staff to advertise and receive bids for Project No. 97-09, Civic Center Campus Improvements; and do not approve the revised budget detail as presented; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt 001 Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager T:\PWDEPT\COUNCIL\2000\000919i.wpd REPORT/INFORMATIONAL ITEM: 16 CULTURAL ARTS COMMISSION MINUTES July 13, 2000 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center by Dodie Horvitz, Community Services Director. Commissioner Shamis led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Denise Diamond Commissioner Leslie McMillan Commissioner Elaine Reynolds Commissioner Rosita Shamis Commissioner Stewart Woodard STAFF PRESENT: Dodie Horvitz, Community Services Director John Freeland, Senior Engineer, Public Works Dept. Cristal Spidell, Secretary II. PUBLIC COMMENT III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of June 15, 2000 B. Art in Public Places Financial Report for June 2000 It was moved by Commissioners Reynolds/Woodard to approve the Consent Calendar as submitted. Unanimous. V. PUBLIC HEARING VI. BUSINESS ITEMS A. Election of Chairperson Ms. Horvitz opened the floor for nominations for Chairperson. Commissioner McMillan nominated Rosita Shamis. There were no more nominations. Ms. Shamis was unanimously appointed Chairperson. B. Election of Vice Chairperson Chairperson Shamis opened the floor for nominations for Vice Chairperson and nominated Stewart Woodard. There were no more nominations. Mr. Woodard was unanimously appointed Vice Chairperson. G:\MyData\CRISTAL\CAC\CACMIN.7-13.wpd 463 Civic Center Campus Art Proposals A Ms. Horvitz, Community Services Director, introduced the staff and the artists that submitted proposals for the Civic Center Campus Art project. Artists in attendance were: Robert Ellison, Johnny Contreras, Bill Ware, Miguel and Carlos De LaTorre, Tom McGraw, William Cain, Peter Ladochy, Sandy Swan, Gwen Hughes, Roberto Salas (arrived at 7:12 p.m.), and Peter Urbon. There are three artistic components for consideration. They are: a geyser type water feature, sidewalk amenities, and an acknowledgment (memorial) area for celebrities, sports figures and veterans. Artists Robert Ellison, Johnny Contreras, Bill Ware, Tom McGraw, and Miguel and Carlos De La Torre presented their proposals for the water feature. Artists Tom McGraw, William Cain, Miguel and Carlos De La Torre, Peter Ladochy, and Sandy Swan presented their proposals for the sidewalk amenities. Artists Bill Ware, Gwen Hughes, Roberto Salas, and Peter Urbon presented their proposals for the acknowledgment area. Li Tie submitted a proposal but was unable to attend the meeting. Peter Ladochy submitted a proposal but he did not return to the meeting to present it. On the first RFQ there was a request for a linear water feature. When the second RFQ was sent out, the linear water feature was removed. Three artists were aware if the change in the RFQ but wished to submit their proposals for the Commissions consideration. Those artists were Peter Urbon, Tom McGraw and Miguel and Carlos De LaTorre. After all the proposals were reviewed the Commission discussed the various pieces the Commission recommended the following pieces be forwarded to the City Council for consideration: Water Feature: Tree of Life Sidewalk Amenities: Mosaic Native Themes Animal Tracks Miguel and Carlos De La Torre Peter Ladochy (40 sq. ft.) Sandy Swan Acknowledgment Area: La Quinta Mountain Range Bill Ware ($83,000 + $7,000 for base) $100,650 $ 7,000 each $ 13,085 $ 90,000 It was moved by Commissioners McMillan/Woodard to submit the art proposals selected by the Commission to the City Council for consideration. Unanimous. Work Plan Assignments It was moved by Commissioners McMillan/Woodard to continue this item until the next Commission meeting. Unanimous. 464 002 G:\MyData\CRISTAL\CAC\CACMIN.7-13.wpd E. Cultural Symposium Chairperson Shamis indicated the need for a steering committee and a subcommittee to begin working on the Cultural Symposium. Chairperson Shamis said the steering committee could be comprised of Rosita Shamis, Carl Aggiolosso, Gayle Young and Richard Boudreau. This committee will be responsible for planning the symposium. The sub -committee could be comprised of Rosita Shamis and Kathryn Hull. This committee will be responsible for writing letters to the participants. It was moved by Commissioner Woodard/McMillan to form a steering committee and a subcommittee for the Cultural Symposium. Unanimous. After additional discussion it was determined that a fund raising committee and a publicity committee would also be needed. It was moved by Commissioner McMillan/Diamond to form a fund raising committee and a publicity committee. Unanimous. Commissioners McMillian and Woodard were appointed to the fund raising committee. One task the fund raising committee was given was to determine a dollar amount to be solicited from businesses to offset the cost of the symposium. Ms. Horvitz reminded the committee that the City Council has authorized $3,000 to be used for the symposium. Mr. Jack Mackie has requested approximately $1,300 to participate as the keynote speaker, leaving a balance of approximately $1,700 for the symposium. Commissioners Diamond and Reynolds were appointed to the publicity committee. The publicity committee has been charged with developing the invitation and providing press releases for the event. This committee will be responsible for providing staff with the information regarding the invitations. Staff will then coordinate the printing of the invitations through sources used by the City of La Quinta. This committee will provide staff with the press release and staff will process the information according to the procedure. Each of these committees will give an update to the Cultural Arts Commission and seek additional direction from the Cultural Arts Commission regarding further action. F. August Meeting Date After a brief discussion it was decided by the Commission to hold the regular meeting of the Cultural Arts Commission on August 10, 2000. Staff requested that any subcommittee information needed for the next meeting us to be submitted to her no later than August 1, 2000. G. Global Mural Conference It was moved by Commissioners McMillan/Reynolds to continue this item until the next Commission meeting. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Copy of Letter to Valerie Smith, La Quinta Chamber of Commerce B. CALAA - Radius Information C. Commissioner Information D. McCallum Theatre Invitation The above items were received and filed. 003 G:\MyData\CRISTAL\CAC\CACMIN.7-13.wpd 465 VIII. COMMISSIONER ITEMS The Commission was reminded about the joint meeting with the City Council on September 26, 2000. Commissioner Reynolds asked if magnets could be put on the Commission name badges. Staff indicated they could, and asked the Commissioners that wished to have magnets to turn their badges into Ms. Spidell and they will be changed. IX. ADJOURNMENT It was moved by Commissioners McMillan/Woodard to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 10:40 p.m. NEXT MEETING INFORMATION August 10, 2000 7:00 PM La Quinta Civic Center Study Session Room • Work Plan. • Cultural Symposium • Brown Act • Artist of the Month Submitted by: 0-)'�Jaj S&A' Ctca Cristal Spidell, Comrfiission Secretary 004 G:\MyData\CRISTAL\CAC\CACMIN.7-13.wpd 466 REPORT/INFORMATIONAL ITEM: Ilp COMMUNITY SERVICES COMMISSION MINUTES July 10, 2000 I. CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:00 p.m. in the La Quinta Civic Center Study Session Room. Chairperson St. Johns presided over the meeting. Commissioner Rebich led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Michelle Henson (Vice Chairperson) Commissioner Joan Rebich Commissioner Victoria St. Johns (Chairperson) MEMBERS ABSENT: STAFF PRESENT: II. PUBLIC COMMENT Commissioner Deborah Bechard Commissioner Mike Davis Dodie Horvitz, Community Services Director Cristal Spidell, Secretary III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes for June 12, 2000 It was moved by Commissioners Rebich/Henson to approve the Consent Calendar as submitted. Unanimous. V. PUBLIC HEARING - None VI. BUSINESS ITEMS A. Election of Chairperson Chairperson St. Johns opened nominations for Chairperson. Commissioner Rebich nominated Commissioner St. Johns. Commissioner Henson moved to close nominations. Commissioner St. Johns was unanimously appointed Chairperson. B. Election of Vice Chairperson Chairperson St. Johns opened nominations for Vice Chairperson. Commissioner Rebich nominated Commissioner Henson. Commissioner Rebich moved to close nominations. Commissioner Henson was unanimously appointed Vice Chairperson. G:\MyData\CRISTAL\CSC\CSCMIN.7-l0."d 467 C. Commission Work Plan Assignments After reviewing the Work Plan, Chairperson St. Johns stated that the tasks were to be completed by all the Commissioners, and did not think assigning Commissioners individual tasks was necessary. The Commission concurred. Ms. Horvitz suggested the Commissioners put the new Work Plan in their Commission Handbook. D. August Meeting Date After a brief discussion about an August meeting date it was moved by Commissioners Rebich/Henson to go dark in August. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Commissioner Information Staff distributed addresses and phone numbers as reference materials for the Commissioners. VIII. COMMISSIONER ITEMS Commissioner Rebich said the shade cover at the top of the cove had been vandalized. Ms. Horvitz said staff is looking into replacing it with a metal roof, since it has been vandalized 2 or 3 times now and it is very expensive to replace. Chairperson St. Johns asked if kids on the Youth Accountability Board could do community service and remove graffiti. Ms. Horvitz said there is a Graffiti Removal Program in place and it is removed within 48 hours of being reported. Chairperson St. Johns asked how talks with DSUSD is going to share their facilities with youth organizations for soccer and baseball. Ms. Horvitz said the user groups need to go to the District to make the request. Ms. Horvitz gave an update of current projects the department is working on. It includes talking with Musco Lighting about additional lighting at the Sports Complex, which is part of the Capital Improvement Plan. Eisenhower Park is going out to bid for expansion and upgrades of the park. Fritz Burns Park tennis court fencing is out to bid, and an August completion date is expected. Commissioner Rebich asked about a skate park. Ms. Horvitz said a skate park is possible in the Community Park. Additional community meetings and City Council approval will determine exactly what is going to be built at the new park. IX. ADJOURNMENT It was moved by Commissioners Rebich/Henson to adjourn the meeting. Unanimous. Meeting adjourned at 7:27 p.m. m G:\MyData\CRISTAL\CSC\CSCMIN.7-l0."d 002 NEXT MEETING DATE, TIME AND TOPIC September 11, 2000 7:00 PM La Quinta Civic Center Study Session Room Submitted by: . "�U Sp-,- d�,W Cristal Spidell, Commission Secretary 469 G:\MyData\CRISTAL\CSC\CSCMIN.7-10.wpd 003 REPORT/INFORMATIONAL ITEM: I rI MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA August 22, 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 Robbins who asked Commissioner Butler to lead the flag salute. B. Present: Commissioners Jacques Abels, Richard Butler, Tom Kirk, Robert Tyler, and Chairman Steve Robbins. C. Staff present: Assistant City Attorney John Ramirez, Planning Manager Christine di lorio, Senior Engineer Steve Speer, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. 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 July 25, 2000. There being no corrections, it was moved and seconded by Commissioners Abels/Tyler to approve the minutes as submitted. B. Department Report: None. V. PUBLIC HEARINGS: A. Environmental Assessment 98-367, General Plan Amendment 98-049, Zone Change 98-088, Specific Plan 99-041, and Conditional Use Permit 2000-05, a request of KSL Development Corporation for certification of a Final Environmental Impact Report, a General Plan Amendment to change Low Density Residential to Tourist Commercial, a Zone Change from Low Density Residential to Tourist Commercial, review of development guidelines and standards for "Villa La Quinta" Specific Plan a multi -phased resort timeshare; and a Conditional Use Permit to allow timeshare development in a Tourist Commercial Zone, for the property located west of Eisenhower Drive and north/northwest of Avenida Fernando. C:\My Documents\WPDOCS\PC8-22-OO.wpd 1 470 Planning Commission Minutes August 22, 2000 1. Chairman Robbins opened the public hearing and asked for the staff report. Planning Manager Christine di lorio informed the Commission that the applicant has requested a continuance of this project to October 10, 2000. 2. There being no questions of staff or public comment, it was moved and seconded by Commissioners Kirk/Tyler to continue this item to October 10, 2000. Unanimously approved. B. Site Development Permit 2000-682; a request of Anthony and Wanda Matranga - World Gym for approval of architectural, landscaping, and site plans for the construction of a 15,500 square foot commercial building for use as a fitness center located on Lot 8 of Parcel Map 29351 within La Quinta Corporate Center, Highway 1 1 1 and Dune Palms Road. 1. Chairman Robbins opened the public hearing and asked for the staff report. Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Tyler asked about where the post office will be in relation to this project. 3. Commissioner Abels asked staff to identify on the site plan where the gas station, USA Petroleum, was located. Staff noted its location as well as the location of the self storage facility. 4. Commissioner Tyler asked why the decorative grid pattern was added to the second story. Staff stated because it was at a higher elevation than the other buildings it could always be visible. 5. Commissioner Butler asked why a colored elevation was not submitted. Staff stated the applicant would present it during their presentation. 6. Commissioner Tyler asked why a condition had not been added regarding the sign program. Staff stated that if it is in conformance with the Specific Plan sign program then it is staff approval. Commissioner Tyler asked if the lighting plan would include parking lot lighting as none was shown on the plan. Staff stated it will be in conformance with the Specific Plan lighting program. UiJ C:\My Documents\WPDOCS\PC8-22-OO.wpd, Planning Commission Minutes August 22, 2000 7. Chairman Robbins asked about the grading plan specifically, it appears the entire site will drain to the middle of the project and has no apparent outlet, and no capacity to conform with Conditions #12 or #13 to hold the 100 year storm on site and to have a routed way for excess flow from the site. Senior Engineer Steve Speer stated the second half of the first sentence of Condition #12 states, "or otherwise directed to its storm drain system approved by City Engineer." Chairman Robbins asked if there was a storm drain system on this site. Staff stated the applicant must get the drainage to the street and once it gets to the street it will find its way to the storm drain system. They have the right to present what they want to build and staff conditions it to City standards. Chairman Robbins asked if they could have a common retention basin or if it would have to drain to the Channel. Staff stated they would have to redesign their drainage system to ensure it would drain to the Channel. Chairman Robbins stated that if it is going to the Channel, it seems there should be a condition regarding nuisance water. Staff stated the master developer of the center is conditioned, under the Specific Plan, to drain and filter all water into the Channel. 8. Chairman Robbins asked if the applicant would like to address the Commission. Mr. Mark Valentino, architect representing World Gym, stated he was available to answer any questions. 9. 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. 10. Commissioner Tyler asked that the staff report on Page 2 be corrected to read, "south, east". 11. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 2000-052 approving Site Development Permit 2000- 682, subject to the conditions as submitted. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. u03 C:\My Documents\WPDOCS\PC8-22-OO.wpd 3 Planning Commission Minutes August 22, 2000 C. Village Use Permit 2000-003; a request of Coronel Enterprise, Inc. for approval of architectural, landscaping, lighting and site plans for multi - tenant office building located on the west side of Avenida Villa, south of Calle Tampico, north of Frances Hack Park within "The Village". 1. Chairman Robbins opened the public hearing and asked for the staff report. Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Kirk stated the staff report references The Village at La Quinta Guidelines "require", and asked whether the Guidelines require anything. Staff noted the word should be "recommend". 3. Commissioner Tyler stated it was his understanding the Architectural and Landscaping Review Committee wanted the ornamental wrought iron on the staircase. Staff stated it was added to the conditions. Commissioner Tyler asked about the condition that allows traffic to flow through the applicant's parking lot to get to the adjacent property. Who requested Condition #41 ?. Senior Engineer Steve Speer stated it is a common requirement to have the applicant provide reciprocal access across the alleyways in commercial areas. The applicant did not ask for it. The lots in this area are very narrow and the applicants will have to provide parking in the rear. Therefore this provision provides for an alternate way to pass through instead of individual driveways on each lot. Commissioner Tyler asked how far will this go, just to the next lot, or across the street? Staff stated the easement should cascade to the end of the block. Commissioner Tyler stated this would turn the parking lot into an alleyway. Staff stated it would be a parking lot. Commissioner Tyler stated he would prefer if access was restricted to the next lot over and if they had trouble obtaining the two lots, they could come in the other way so there would not be a raceway. He would like this added to Condition #41 that access be limited to vacant property to the north, Lot 9. Commissioner Tyler asked where staff was requesting a firewall on rear lot line. Planning Manager Christine di lorio stated it was on the north property line. Commissioner Tyler asked how high the building wall would be. Staff stated 19 feet, the top of the roof tile is 24 feet 6 inches. Discussion followed regarding the wall. 473 u04 C:\My Documents\WPDOCS\PC8-22-00-WPd 4 Planning Commission Minutes August 22, 2000 4. Commissioner Butler agreed that architectural detail was needed on the wall facing the alleyway. Staff noted they could work with the applicant to add detail. 5. Chairman Robbins suggested they use popouts. Staff noted the Commission recommended a grid technique with the Starbucks building. 6. Commissioner Tyler stated the parking was minimal and then the garage is to be used for storage, not parking. Staff stated the intent is to be used for parking. 7. Commissioner Butler asked if this building had a garage, could this later be used as a loft house in the Village. Staff stated it was a possibility, but the owner would need a new or revised Village Use Permit. 8. Commissioner Kirk asked if staff thought this was under parked. Staff stated no. 9. Chairman Robbins stated somewhere in the Village there is a new building was being constructed and no consideration was given for placement of the water meter and detector check that sticks out of the ground and no place was set aside for the fire detector check. On this building in the front there is nothing but sidewalk and no place for a water meter or above ground fire detector check. When staff is reviewing plans, they need to be aware of this. 10. Chairman Robbins asked if the applicant would like to address the Commission. Mr. Zeke Coronel, applicant, stated he would work with the Commission and/or staff to improve the building. 11. Commissioner Tyler stated he was glad to see a building being built in the Village. He had already expressed his concern on the blank wall facing the alley: Mr. Coronel stated his designer Skip Lynch may have some ideas. He would suggest landscaping, or popouts. Commissioner Tyler suggested he work with staff to get some additional architectural details. 12. Commissioner Abels stated he was in favor of project but would like to see more detail on the plans so the Commission can come to a conclusion. The information presented is sketchy. 7 u U� 4 C:\My Documents\WPDOCS\PC8-22-OO.wpd 5 Planning Commission Minutes August 22, 2000 13. Mr. Skip Lynch stated he had submitted colored renderings, and in reference to the alley elevation, the wall is recessed and windows could be added on the top floor. There will be buildings in front sometime in the future, that is why they did not add the detail. As it relates to the water meter, it is their hope to have it located under the stairwell where it will be out of the way. 14. Commissioner Tyler asked if the applicant had any objection to providing access through his parking lot for the adjoining property owner when he developed his property. Mr. Coronel stated he had no objection. Commissioner Tyler asked if he had any objection to paying for the improvements for the north one-half of the alley only along his frontage. Staff would revise the condition. 15. 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. 16. Commissioner Kirk agreed with all suggestions and approved of. the windows for architectural detail, but in regard to the cascading parking, he agrees with staff's recommendation because of the alleys and dense network of streets, it is an opportunity to make the parking for those lots more efficient. The City will be able to take out some of the asphalt on future projects and maybe even increase the floor area ratio. 17. Chairman Robbins stated he agrees with staff's recommendation. 18. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2000-053 approving Village Use Permit 2000-003, subject to the conditions as submitted/amended: a. Condition #9b: revised to state "along the property frontage". b. Condition #41: corrected to state the property to the north C. Condition #42: add "prior to issuance of building permit staff is to work with the applicant to provide design articulation on the south elevation, i.e. windows along the second floor. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. 475 006 C:\Mv Documents\WPDOCS\PC8-22-OO.wod 6 Planning Commission Minutes August 22, 2000 C. General Plan Amendment 2001069, Specific Plan 90-015 Amendment #3, Specific Plan 90-017 Amendment #1, Tract 28838 Amendment #1, Tract 29136 Amendment #1, and Tract 29147 Amendment #2; a request of KSL Development Corporation/Forrest Haag 1.) to amend the General Plan Policy 3-6.3.2 to require Arterial streets to have sidewalks only on one side if a multi -purpose trail is required on the other side of the street; and 2.) To amend the above -noted specific plans and tracts to eliminate the required sidewalk on the east side of Madison Street for the property located on the east side of Madison Street, north of Airport Boulevard to 58th Avenue. 1. Chairman Robbins 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 Robbins asked if there were any questions of staff. Commissioner Kirk commended the applicant on his presentation. 3. Chairman Robbins asked if the applicant would like to address the Commission. Mr. Forrest Haag, representing KSL, stated he had no questions. 4. Chairman Robins asked if there was any liability regarding horses and people on the same path. Staff stated Council recommended it be multi -purpose and not exclusively an equestrian trail. 5. 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. 6. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2000-054 recommending approval of General Plan Amendment 2000-069. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 476 C:\My Documents\WPD0CS\PC8-22-00.wpd Planning Commission Minutes August 22, 2000 7. It was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 2000-055 recommending approval of Specific Plan 90-015, Amendment #3, subject to the Findings and Conditions of Approval as submitted. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 8. It was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2000-056 recommending approval of Specific Plan 90-017, Amendment #3, subject to the Findings and Conditions of Approval as submitted. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. 9. It was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 2000-057 recommending approval of Tract 28838, Amendment #1, subject to the Findings and Conditions of Approval as submitted. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 10. It was moved and seconded by Commissioners Abels/Kirk to adopt Planning Commission Resolution 2000-058 recommending approval of Tract 29136, Amendment #1, subject to the Findings and Conditions of Approval as submitted. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 11. It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2000-059 recommending approval of Tract 29147, Amendment #2, subject to the Findings and Conditions of Approval as submitted. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. U 01 "'s 4; C:\Mv Documents\WPD0CS\PC8-22-00.WDd 8 Planning Commission Minutes August 22, 2000 D. Site Development Permit 99-653, Amendment #1; a request of KSL Development Corporation/Forrest Haag for redesign of the Norman Golf Course Maintenance Facility northwest corner of Tiburon Drive and Airport Boulevard within the Norman Course. 1 . Chairman Robbins 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 Robbins asked if there were any questions of staff. Commissioner Tyler asked if there was a wall between the maintenance yard and golf course. Staff stated there was a six or seven foot high wall. 3. Chairman Robbins asked if there was a wall on the south side. Staff stated a perimeter wall six feet in height is constructed. 4. Commissioner Tyler asked the height of the peak of the roof. Staff noted the highest point was 14 feet, the original structure was slightly over 19 feet. 5. Chairman Robbins asked if it would be seen from Airport Boulevard. Staff noted it would not if they provide the heavy landscaping as recommended. 6. Chairman Robbins asked if the applicant would like to address the Commission. Mr. Forrest Haag, representing KSL, stated it is a conversion of a building to a more efficient shed building. It is a low profile as compared to the previous design. His only concern is in regard to the condition which requires 72" box trees. The perimeter landscaping that covers Tiburon and Airport Boulevard which are approved by CVWD, have 42" box. He is requesting a compromise of a 60" box trees. The Code requires 24" box trees and they went to a 42" box tree, as it is at their entrance. 7. There being no questions of the applicant, 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. 8. Commissioner Abels asked staff why they were asking for a 72" box as he agrees with the applicant that a 60" box tree would be '7g sufficient. UOR C:\My Documents\WPDOCS\PC8-22-OO.wpd 9 Planning Commission Minutes August 22, 2000 9. Commissioner Butler asked staff if the requirement to use fast growing trees wouldn't satisfy the problem. Staff stated that was a possibility, but even with a fast growing tree, it will be two or three years before it will effectively screen the building. 10. Commissioner Abels asked if 72" was ever required before. Staff stated it was not required very often. Commissioner Abels suggested specifying the calipher instead of box size. Staff suggested height in order to get the building screened. 11. Commissioner Butler stated the problem is to screen the building and suggested staff work with the applicant to adequately screen the building. 12. Commissioner Kirk suggested staying with a 42" box as requested by the applicant as minimum, and work with applicant to achieve the desired landscaping. 13. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abets to adopt Planning Commission Resolution 2000-060 approving Site Development Permit 99-653, Amendment #1, subject to the conditions as amended: a. Condition #28: Require a minimum of a 42" box tree and work with staff to reach the desired heavy landscaping. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: A. Temporary Use Permit 2000-256; a request of KSL Desert Resorts, Inc. for approval of 101h Annual Mariachi Festival to be held on September 2 and 3, 2000, at the La Quinta Hotel and PGA West Tennis Fitness Center. 1. Chairman Robbins 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. 479 C:\My Documents\WPD0CS\PC8-22-00.wpd 10 0 1 r, Planning Commission Minutes August 22, 2000 2. Chairman Robbins asked if there were any questions of staff. Commissioner Tyler asked if there had been any problems in the past years. Staff stated they knew of none. 3. Commissioner Butler stated its acceptable as long as the homeowners are satisfied. 4. Chairman Robbins asked if the applicant would like to address the Commission. Mr. Maury Mortensen, Director of Security Loss Prevention for KSL Desert Resorts, explained the parking and lighting for the parking lots. They will be notifying homeowners within 500 feet of the lights that will be used. There will be providing more than 272 for overflow parking spaces; closer to 600-700 spaces. There would be three Riverside County Sheriffs at each of the locations on Avenida Fernando, the main entry to the Hotel and directing traffic at 50' Avenue and Eisenhower Drive as the flow can be heavy at the 6:00 p.m. hour. In addition, they will have volunteers as well as the Hotel's own security people watching cars inside the complex. Shuttle service will be provided to move people back and forth from the Hotel. 5. Commissioner Tyler asked if the dirt would be treated. Mr. Mortensen stated they would be doing so. 6. Chairman Robbins asked if there was any other public comment, There being none, Chairman Robbins closed the public participation portion of the meeting and opened the project for Commission discussion. 7. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abels to adopt Minute Motion 2000-012 approving Temporary Use Permit 2000-256, subject to the conditions as submitted. Unanimously approved. B. Temporary Use Permit 2000-255; a request of A to Z Party Rentals for approval of a meal and seating tent for 500 people from August 26, 2000 to September 3, 2000 for the Los Flores parking area at the La Quinta Hotel. Chairman Robbins 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. 4A U1� C:\My Documents\WPDOCS\PC8-22-OO.wpd 11 Planning Commission Minutes August 22, 2000 2. Chairman Robbins asked if there were any questions of staff. Commissioner Kirk questioned whether the Commission should be conditioning every event at the Hotel to have a temporary use permit. Staff stated it was only required when the public parking areas are taken out of use. 3. Chairman Robbins asked if there was any other public comment, There being none, Chairman Robbins closed the public participation portion of the meeting and opened the project for Commission discussion. 4. There being no further discussion, it was moved and seconded by Commissioners Abels/Butler to adopt Minute Motion 2000-013 approving Temporary Use Permit 2000-256, subject to the conditions as submitted. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report of the Council meeting of August 15, 2000. 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 September 12, 2000, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:20 p.m. on August 22, 2000. Respectfully submitted, B t Sawyer, xecutive Secretary f Y EY City of La Quinta, California C:\My Documents\WPD0CS\PC8-22-00.wpd 12 REPORT/INFORMATIONAL ITEM: Ig MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA August 2, 2000 CALL TO ORDER 10:00 a.m. A. This meeting of the Architectural and Landscaping Committee was called to order at 10:10 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: Community Development Director Jerry Herman, Planning Manager Christine di lorio, Associate Planner Leslie Mouriquand, 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 July 5, 2000. There being no changes, it was moved and seconded by Committee Members Bobbitt/Reynolds to approve the Minutes as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Commercial Property Improvement Program; a request of the La Quinta Redevelopment Agency regarding the duties of the ALRC in regard to the program. 1. Assistant City Manager Mark Weiss presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Member Bobbit asked how much money is available for the entire program. Assistant City Manager Mark Weiss stated $1.5O,OOO. Committee Member Bobbitt asked if the maximum is 482 CAMy Documents\WPDOCS\ALRC8-2-OO.wpd I Architectural & Landscape Review Committee Minutes August 2, 2000 $15,000 per application which would only allow ten projects. Staff stated that was correct. Committee Member Bobbitt asked if there were a set of guidelines that the applicants would need to meet in regard to landscaping and architecture. Community Development Director Jerry Herman stated yes, and they would be supplied to the ALRC. Committee Member Bobbitt asked if they were different from other City standards. Staff stated yes, they are design guidelines to enhance the zoning regulations for the Village which may in some instances, be more restrictive than other areas in the City. Committee Member Bobbitt stated that since the money available is not a tremendous amount, is the City looking for a theme for the Village, or is it whatever the owner wants to do to clean up the building. Planning Manager Christine di lorio stated it is a combination of both. 3. Assistant City Manager Mark Weiss went on to explain that if the applicant is not the owner, they will be required to obtain the property owner's permission. He went on to explain this was a program only available to commercial projects. 4. Committee Member Reynolds stated it is a valuable program and very needed. He asked if City property was exempt as he understood the La Quinta Arts Association who was leasing the building from the City was wanting to apply to upgrade the building but it was indicated to them that they are not eligible. Assistant City Manager Mark Weiss stated he cannot say that explicitly. For that to happen either the City would have to make the application or approve the application. It is possible the tenant could ask the City for permission to make application under this program. The City Council would then have to divert money that has been made available for this program to loan to themselves. The City can always make changes to the building as the owner of the building. The program was not designed to make money available to fix residential or municipal buildings; it was to facilitate the commercial enterprises. Committee Member Reynolds stated the City should lead by example. 5. Committee Member Cunningham stated he has no objections as the program does have merit. B. Village Use Permit 2000-003; a request of Coronel Enterprises, Inc., for approval of architectural and landscaping plans for multi -tenant general office building within the La Quinta Village to be located on the west side of Avenida Villa, south of Calle Tampico, north of Frances Hack Park. 483 C:\My Documents\WPDOCS\ALRC8-2-OO.wpd 2 002 Architectural & Landscape Review Committee Minutes August 2, 2000 1. Associate Planner Leslie Mouriquand presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Mr. Zeke Coronel stated they wanted to do something nice and Spanish to fit in and address the issues raised by staff. 3. Committee Member Reynolds asked who would be improving the alley. Community Development Director Jerry Herman stated the alley is slated for improvement as part of the downtown improvements. 4. Mr. Skip Lench, architect for the project, asked that the City dictate the tree species, along the street to create a theme. 5. Committee Member Bobbitt asked what the purpose was for a two car garage. Mr. Coronel stated it was to meet the parking requirement and allow him space to store temporary equipment and/or material. Committee Member Bobbitt stated it appears the intent is that the owner will set up his residence in the building. This makes it an expensive garage which could be leased to another tenant. His concern was that it could attract parking of construction vehicles and such which could cause problems. Also, is this a zero lot line. Staff stated yes. Committee Member Bobbitt stated the wall needed a wainscoat or something to break up the plain wall. 6. Committee Member Bobbitt asked if the Commercial Property Improvement Program was available for new projects such as this. Staff stated no, only for rehabilitation of existing structures. 7. Committee Member Cunningham stated this area is a sensitive area and to match what is there is difficult because it is a "hodge podge" of style. The applicant needs to bring sensitivity without increasing the cost. He stated the railing detail and the precast column pieces are out of scale and scope and will be too much mass pulled in with a clipped roof. He suggested using some wrought iron with shape and depth on the stairwell and balcony. The windows should be individually pained and the entry door could also be decorative. He could use random tile and mud instead of the S-tile, but he understands the cost involved. Mr. C:\My Documents\WPDOCS\ALRC8-2-OO.wpd 3 004" Architectural & Landscape Review Committee Minutes August 2, 2000 Lench stated the wrought iron is not a real increase of cost but the mudded roof the is. Committee Member Cunningham stated random mudding does add texture and made a comparison to the Von's Plaza architecture. He suggested using a smooth stucco which is less expensive and go with the mudded roof. Mr. Lench stated he could understand the use of the decorative wrought iron, but the mudded roof could be an issue. 8. There being no further discussion, it was moved and seconded Committee Members Cunningham/Bobbitt to adopt Minute Motion 2000-015 approving Village Use Permit 2000-003, as modified: 1. Prior to issuance of building permit add individual glass lights. 2. Replace the precast balusters with decorative wrought iron and specify the same for the staircase. C. Site Development Permit 2000-682; a request of Anthony and Wanda Matranga for approval of architectural and landscaping plans for the construction of a 15,500 square foot commercial building for a fitness center located within the La Quinta Corporate Centre. 1. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Member Cunningham asked if the rear view was closed off to public view. Staff stated that was correct. Committee Member Cunningham stated that the use of the building in this area all ties in. He likes the window shading treatment and it is a nice design. 3. Committee Member Reynolds asked if staff knew what was going in on Pads 6 and 7. Staff stated no. Committee Member Reynolds stated his concerned about the closeness of the two buildings. Discussion followed regarding a possible treatment to the upper floor of the north elevation. It was suggested the applicant could use decorative expansion joints in the plaster to create a decorative grid pattern on the second story of the north elevation. 485 C:\My Documents\WPDOCS\ALRC8-2-OO.wpd 4 004 Architectural & Landscape Review Committee Minutes August 2, 2000 4. Committee Member Cunningham asked what the material was to be used on the awnings. Staff stated it would be fixed metal. 5. There being no further discussion, it was moved and seconded by Committee Member Cunningham/Bobbitt to adopt Minute Motion 2000-016 recommending approval of Site Development Permit 2000-682 as recommended by staff with the additional condition: 2. Decorative expansion joints in the plaster shall be added to create a decorative grid pattern on the second story of the north elevation. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: None VIII. 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 September 6, 2000. This meeting was adjourned at 10:58 a.m. on August 2, 2000. 4eResctfully submitted, J. SAWYER, Executive Secretary City of La Quinta, California C:\My Documents\WPDOCS\ALRC8-2-OO.wpd 5 486 005 REPORT/INFORMATIONAL ITEM: / 9 INVESTMENT ADVISORY BOARD Meeting June 7, 2000 (Corrected) I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Vice Chairperson Mahfoud, followed by the Pledge of Allegiance. PRESENT: Board Members Irwin, Lewis, Moulin, Olander and Vice Chairman Mahfoud ABSENT: Board Member Bulgrin and Chairman Osborne OTHERS PRESENT: John Falconer, Finance Director and Debbie DeRenard, Secretary II PUBLIC COMMENT - None III CONFIRMATION OF AGENDA - Confirmed IV CONSENT CALENDAR A. Approval of Minutes of Meeting on May 10, 2000 for the Investment Advisory Board. Board Member Irwin advised that on Page 7, first paragraph amounts referenced should have a dollar amount and on Page 8, third paragraph should read that Board Member Irwin worked with the City. Board Member Irwin commended Staff on the minutes. MOTION - It was moved by Board Members Lewis/Olander to approve the Minutes of May 10, 2000. Motion carried unanimously. 487 Investment Advisory Board June 7, 2000 Minutes V BUSINESS SESSION A. Transmittal of Treasury Report for April 2000 Mr Falconer advised that Board Member Moulin noted two changes to the Treasurers Report. The first change - move the $755,339 cash from the "Sold/Matured Column" to the "Other Column" and the LAW amount of $259,690 should be split between the purchases. The Board discussed the length of investments and the available yields. Mr. Falconer advised the Board that Page 4, bottom of the page, lists the unrealized loss. He further advised that if the unrealized loss holds true through June, the City is prepared to mark to market the portfolio. In response to Board Member Lewis, Mr. Falconer advised that he doesn't have the numbers for May. MOTION - It was moved by Board Members Lewis/Irwin to review, receive and file the Treasurers Report for April 2000. Motion carried unanimously. B. Consideration of Fiscal Year 2000/01 Investment Policy Vice Chairman Mahfoud advised that Board Member Moulin submitted an attachment for the Investment Policy. Mr. Falconer advised that the City Attorney is available via the telephone, she has reviewed the Policy and she has indicated to Staff that the changes in the policy are acceptable. He further advised that Thomas Genovese, the City Manager is present to answer any questions. In response to Board Member Irwin, Mr. Genovese advised that he has listened to the tapes of the meetings and reviewed the Investment Policy and concurs with the changes. 2 Investment Advisory Board Minutes June 7, 2000 In response to Board Member Olander, Mr. Falconer advised that Staff is comfortable with the LAW limit set at 20%. He further advised that the Staff will try to maintain at the 15% LAIF limit. He advised that from time to time Staff may exceed the 15% limit, but it is Staff's intention to adhere to the policy and maintain at 15%. Board Member Moulin advised that he spoke with Mr. Falconer before the meeting, because he objects to the parenthetical limit being expressed in the policy. He further advised that the City had a policy of 35% before, with a management understanding of staying within 25%, and this worked well. It was his understanding that this is the way it was going to be in this policy. He noted that when you add the 15% in the policy, this changes the number from 20% to 15%. He advised that at the April meeting he indicated that he didn't want management to be criticized if they exceeded the 15% limit in LAIF. He further advised that Staff stayed within the 25% level with an exception of one month. He further stated that the policy should indicate 20% and the parenthetical expression should not be in the policy. Board Member Irwin advised that having the parenthetical expression was the exact reason he was prepared to support the Policy. Board Member Moulin advised that he did not realize that the parenthetical expression was going to be in the Policy. Board Member Olander advised that it was his understanding that the Board voted on the LAW limit at 20% and this was the consensus of the Board. Board Member Lewis advised that the Board had a very lengthy discussion last meeting regarding the LAW limit. It was the consensus of the Board to lower the LAW limit to 20% with the stipulation that Staff would try to stay at 15%. There is a lot of concern over the direction that LAIF's investment policy is being affected by politics. Board Member Olander advised that in essence, the City has a reduction 3 Investment Advisory Board Minutes to 15% in LAIF. June 7, 2000 Board Member Lewis advised that LAIF is being lowered to 20% with Staff trying to stay at 15%. Board Member Olander stated he realized that the LAIF limit is 20%, but it is 15% with the parenthetical expression. Board Member Lewis agreed, but further advised that there is no violation if Staff exceeds the 15% limit. He further advised that if Staff feels the need to keep LAIF at 17% or 18%, there would be no criticism from the Board. Board Members Olander and Moulin advised that Policy should state 20% limit in LAIF with no parenthetical expression. Board Member Irwin and Lewis advised that they would not be able to support the policy. In response to Board Member Olander, Board Member Irwin advised that he feels 15% limit in LAIF is "a bunch" and he would not be prepared to support the policy at 20% without the parenthetical expression. Vice Chairman Mahfoud questioned if the Board is prepared to support 17% in LAIF. In response to Board Member Irwin, Board Member Moulin advised that the Board does have an agreement with the LAIF limit, but he does not feel the parenthetical expression should be included in the Policy. He further advised that this stipulation has not been added to the Policy in previous years, and why would it have to be added to this Policy. Board Member Irwin advised that the expression should be added this year because he is not comfortable with the LAIF limit at 20%. Board Member Moulin advised that the majority of the Board agreed with the 20%. 0 450 004 Investment Advisory Board Minutes June 7, 2000 Vice Chairman Mahfoud advised that this was stated in the previous minutes. Board Member Lewis advised that the policy has not been changed by adding the parenthetical expression, so what is the objection to having it in the policy. Board Member Moulin advised that because it's a de facto requirement of 15%. Board Member Lewis advised that it's not a de facto requirement to have LAIF at 15% because there is no way that Staff can be criticized if they go over the 15% limit. Board Member Moulin advised that when Staff was consulted about the LAIF limit and what it should be, Staff suggested 25%. He further advised that he is aware that Board Member Irwin is concerned about the LAIF limit, but when you review the overall investments in LAIF the biggest percentage is approved by the City Policy. He further advised that, "if you leave the parenthetical expression in the Policy you might as well change the Policy to 15% limit in LAIF." Board Member Lewis advised that you can have both limits in the Policy. Board Member Irwin advised that the Board has taken a lot of time to arrive at the LAIF limit and the Board felt that by reducing the LAIF limit to 15%, reducing the LAIF amount by five million dollars, this will give Staff plenty of room. He further advised that he will not criticize Staff again if they exceed the LAIF 15% limit. He also advised that this is a good faith effort on the part of Staff to recognize the views of some Members of the Board. Discussion continued with the following motion made: It was moved by Board Members Irwin/Lewis to reduce the LAIF investment limit to 15% and remove the parenthetical expression from the Policy. Motion carried with Board Members Irwin, Lewis and Vice Chairman Mahfoud voting AYE and Board Members Moulin and Olander voting NO. 5 491 005 Investment Advisory Board Minutes June 7, 2000 Board Member Moulin questioned if Board Member Lewis was happy with page 10, Commercial Paper. Board Member Lewis advised that he does not see a problem with the Commercial Paper paragraph. Board Member Moulin advised that the third paragraph should be changed as the State Code does not allow over 31 days. He further advised that it was his understanding that the sentence would be eliminated along with the 5' sentence. He further advised that the verbiage from Board Member Lewis was going to be added to the end of the paragraph. Discussion continued with the following changes being made to the Commercial Paper paragraph: 492 006 Investment Advisory Board Minutes June 7, 2000 Board Member Moulin requested that the following be added to the minutes: Board Member Moulin requests that the minutes covering the approval of the Investment Policy for 2000/2001 explain his continuing concern with the U.S. Government and Related Issues section on pages 9 and 10. Last year Board member Moulin recommended that this section of the Policy be revised to clearly distinguish between direct obligations of the U.S. Government backed as to principal and interest by its full faith and credit and obligations of U.S. Government agencies, instrumentalities and sponsored enterprises not backed by the full faith and credit of the U.S. Government. The Board agreed and changed the Policy to recognize this distinction, but did not adopt Board Member Moulin's recommendation that, once this distinction is made, the investment limitations recognize the difference in credit risk of guaranteed and non -guaranteed financial instruments. Board Member Moulin believes that the investment limitations of 75% of the categories and 25% for a single issuer should be lower for non -guaranteed than for guaranteed obligations as a recognition of the differing inherent risks. For example, the existing Policy allows the City to invest simultaneously up to 25% of the portfolio in FNMA obligations, 25% in FHLMC obligations, 25% in FHLB obligations and 25% in Federal Farm Credit Bank obligations. The purpose of first three of these agencies is to provide funds for home mortgage loans. The latter agency makes loans to farmers. In such circumstances, the City would be 100% at risk for non -guaranteed obligations of U.S. agencies either highly influenced by the real estate market or farm production and prices. Adverse conditions in the real estate and farm markets periodically occur in our system, sometimes at the same time. Board Member Moulin believes that the City subjects itself to unnecessary risk by allowing this concentration of its portfolio, and he favors more restrictive limitations to lower the risk and diversify the portfolio. He voted against approval of the Investment Policy in 1999 partly for this reason. 7 Investment Advisory Board Minutes June 7, 2000 Board Member Moulin recognizes that the Treasurer exercises good judgment to diversify the portfolio and would not concentrate the portfolio in similar risk U.S. Agency securities. However, Board Member Moulin believes that the Policy should require such prudence. An example of similar prudence was shown by the Board and the Treasurer in their review of the Investment Policy for LAIF. They recognized that the investments of LAIF have become more risky, and the investment limitation in LAIF was lowered from 35% to 15% of the portfolio. At the same time, investment limitations in commercial paper and in diversified management companies in the form of a money market mutual funds were increased to allow the Treasurer greater flexibility in view of the restrictions placed on investments in LAIF. One change allows investments in money market funds that invest in U.S. agency securities, relaxing the former restriction to funds investing only in direct issues of the U.S. Treasury. Board Member Moulin agrees with these changes, but notes that the addition of money market funds investing in U.S. Agency Securities increases the City's aforementioned exposure to these non -guaranteed obligations. He believes that the Investment Policy, as it does in the LAIF situation should recognize the risks and include a more restrictive limitation for investments in non -guaranteed U.S. agency securities. Board Member Lewis advised that the issues that have been brought up by Board Member Moulin requires a lot of review. He suggested that the Board leave this part of the policy "as is" and add it to the 2000/2001 Work Plan. Board Member Irwin advised that this was what was decided last month. He advised that the term used last month was "watchful waiting." He further advised that the Board does not have the tools or information available to form an opinion on this subject at this meeting. In response to Board Member Olander, Mr. Falconer advised that the percentage change from 25% to 20% would not have an impact on the City. 0 11: Investment Advisory Board Minutes June 7, 2000 Discussion continued with the Board concurring to add Board Member Moulin's concerns regarding GSE's to the 2000/2001 Work Plan for review. MOTION - It was moved by Board Members Lewis/Irwin to approve the Investment Policy as amended and forward the Policy to the City Council for their consideration. Motion carried unanimously. C. Workplan for Fiscal Year 2000/01 After Board discussion the following items were included in the Workplan: 1. Review of the Investment Policy investments in GSE's 2. Internal Controls In response to Board Member Moulin, Mr. Falconer advised that there is no requirement to evaluate Broker/Dealers. He further advised that the City has built up a relationship with the broker/dealers. In response to Board Member Lewis, Mr. Falconer advised that the backgrounds of the Broker/Dealers are researched yearly. MOTION - It was moved by Board Members Moulin/Olander to approve the 2000/2001 Workplan. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report - May 2000 Noted and Filed. B. Pooled Money Investment Board Reports - March 2000 Noted and Filed. C. LAIF Answer Book Update Noted and Filed. 9 495 009 Investment Advisory Board June 7, 2000 Minutes VII BOARD MEMBER ITEMS - None VIII ADJOURNMENT MOTION - It was moved by Board Members Lewis/Moulin to adjourn the meeting at 6:35 p.m. Motion carried unanimously. Submitted by, 04&�- Debbie DeRenard Secretary 10 496 010 INVESTMENT ADVISORY BOARD Meeting July 12, 2000 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Chairman Osborne, followed by the Pledge of Allegiance. PRESENT: Board Members Filice, Irwin, Lewis, Mahfoud(5:32), Moulin, Olander and Chairman Osborne ABSENT: None OTHERS PRESENT: John Falconer, Finance Director and Debbie DeRenard, Secretary II APPOINTMENT OF OFFICERS A. Appointment of Investment Advisory Board Chairperson Chairman Osborne opened nominations for Chairperson. Board Member Moulin nominated Chairperson Osborne for reappointment. Chairperson Osborne closed nominations for Chairperson MOTION - It was moved by Board Members Moulin/Irwin to appoint Chairperson Osborne for a second term. Motion carried unanimously. B. Appointment of Investment Advisory Board Vice -Chairperson Chairperson Osborne opened nominations for Vice Chairperson. Board Member Irwin nominated Board Member Moulin. Board Member Moulin declined the nomination. Board Member Lewis nominated Vice Chairperson Mahfoud for a second term. Investment Advisory Board Minutes July 12, 2000 Chairperson Osborne closed nominations for Vice Chairperson. MOTION - It was moved by Board Member Lewis/Olander to appoint Vice Chairperson Mahfoud for a second term. Motion carried unanimously. III PUBLIC COMMENT - None IV CONFIRMATION OF AGENDA - Confirmed V CONSENT CALENDAR A. Approval of Minutes of Meeting on June 7, 2000 for the Investment Advisory Board. Board Member Moulin advised that on page 5, 3`d and 4P paragraph, the word de facto is misspelled. MOTION - It was moved by Board Members Lewis/Moulin to approve the Minutes of June 7, 2000 as corrected. Motion carried unanimously. VI BUSINESS SESSION A. Transmittal of Treasury Report for May 2000 In response to Chairman Osborne, Mr. Falconer advised that the City is investing it's portfolio paper for a longer period - 200 days. The yields for new investments look better than the maturing investments. He advised that in the month of May, the second installment of the property tax settlement was received and was invested in commercial paper. In response to Board Member Mahfoud, Mr. Falconer advised that the City invested four million in commercial paper as a result of changes in the Investment Policy in the month of July. The City invested for 30 days and the yields were approximately 6.50%. OA 492002 Investment Advisory Board Minutes July 12, 2000 In response to Board Member Irwin, Mr. Falconer advised that he invested two million in General Electric, one million in Bell Atlantic and one million in Salomon Smith -Barney Commercial Paper. In response to Board Member Lewis, Mr. Falconer advised that the cash flow analysis projections for TOT taxes are always lower in July and August. The projections for sales tax are calculated and spread over a twelve month period. In response to Board Member Irwin, Mr. Falconer advised that the City will soon start to receive sales tax revenue from the new car dealerships. He further advised that sales tax from vehicle leases is received separately. He advised that as an example, Simon Motors (GMAC) is pooled at the State and the State Board of Equalization allocates the funds using a pooled formula. He further advised that the City does not have the formula that is used to allocate the funds. In response to Board Member Olander, Mr. Falconer advised that the City is forbidden to comment on specific dealerships by law, however he advised that the City has projected sales tax revenues of $250,000 for the Automall for the first year. In response to Board Member Moulin, Mr. Falconer advised that the Treasurers Reports is based on the month of May. He further advised that the amounts will change according to the changes in the Investment Policy. MOTION - It was moved by Board Members Lewis/Irwin to review, receive and file the Treasurers Report for May 2000. Motion carried unanimously. B. Fiscal Year 2000/2001 Meeting Schedule Board Member Lewis advised that he would like to continue meeting monthly with the exception of the month of August. He further advised that the Board has always been dark in August. Board concurred. 3 499 - 003 Investment Advisory Board Minutes July 12, 2000 MOTION - It was moved by Board Members Lewis/Moulin to continue to meet on a monthly schedule with the Board going dark for the month of August. Motion carried unanimously. C. Workplan for Fiscal Year 2000/01 In response to Board Member Moulin, Mr. Falconer advised that Staff would like further direction for the meeting in September. He further advised that Staff has included the internal controls that are currently in effect for the investment activities. Board Member Irwin advised that the Government Sponsored Enterprise (GSE's) is a very in-depth item and will require a lot of time. He suggested that consolidated financial statements from the Federal Home Loan Board and Fannie Mae be included in the September agenda packet. Board Member Moulin advised that as the Board approaches the review of the GSE's, he suggested reviewing the GSE's in an analytical sense. Board Member Irwin advised that some analytical work needs to be done, specifically on the financials. He further advised that the Federal Home Loan Board and Fannie Mae are becoming political issues. Board Member Lewis advised that this item was agendized to gather more information for Staff to bring back to the meeting in September. Chairman Osborne requested that each Board Member supply a list of investments that they feel is a risk for the City. He also requested that each Board Member supply Staff with information for the September Agenda packet that would be helpful to the Board. In response to the Board, Mr. Falconer advised that the list of internal controls that was attached to the Staff Report is for the Board's review. MOTION - It was moved by Board Members Moulin/Olander to approve the 2000/2001 Workplan. Motion carried unanimously. 4 5`�0004 Investment Advisory Board Minutes VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report - June 2000 Noted and Filed. B. Pooled Money Investment Board Reports - April 2000 Noted and Filed. July 12, 2000 C. Distribution of Investment Policies for Fiscal Year 2000/2001 Noted and Filed. VII BOARD MEMBER ITEMS - None Vill ADJOURNMENT MOTION - It was moved by Board Members Lewis/Moulin to adjourn the meeting at 6:15 p.m. Motion carried unanimously. Submitted by, Debbie DeRenard Secretary 5 -5105 La�� •c' DEPARTMENT REPORT: I — A V S FcFM of TNti� � TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager ty/y DATE: September 19, 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. Ms. Roslyn Taradash, 75362 Desert Park Drive, Indian Wells, asked for the City Council's assistance in obtaining a refund of fees paid to the City for a computer class she was unable to attend. • Community Services staff researched the matter and Ms. Taradash was issued a refund for one computer class she did not attend in November 1999. 2. Mr. Mark Woods, 80-191 Tangier Avenue, Indio, addressed the Council regarding the need for additional soccer fields and stated he understood the passage of Proposition 12 provides for $500,000 to be used toward development of a youth soccer facility in La Quinta; 3. Mr. Henry Schwartz, 44-030 Dalea Circle, spoke in support of developing soccer fields at North La Quinta Community Park; and 4. Mr. Wayne Hancock, 55-920 PGA Boulevard, stated that there is also a need for night -lighted basketball courts at the park site. The matter was addressed during the Council meeting and no additional response was necessary. The Community Services Department continues to consider comments and engage in discussions regarding soccer fields at the North La Quinta Community Park site. On August 24, 2000, Community Services staff met with representatives from the American Youth Soccer Association (AYSO) to discuss future plans for soccer fields as part of the community park project. 502 �a�DEPARTMENT REPORT: o� • 5 OF �ti TO: The Honorable Mayor and Members of the City Council FROM: Britt W. Wilson, Management Analyst, City Manager's Office DATE: September 19, 2000 RE: Department Report - Status Report on City's Marketing Plan Implementation Staff periodically provides a status report to the City Council on the implementation of the City's Marketing Plan. This report covers work accomplished to date under the FY 2000-2001 Marketing Plan as adopted by the City Council on June 20, 2000 and per the contract with Kiner/Goodsell Advertising approved by the City Council on July 5, 2000. Some of the projects accomplished or in process include: ■ Designed and placed advertisements for Commercial Property Improvement Program in The Desert Sun. ■ Designed and placed advertorial in the October issue of Palm Springs Life magazine. ■ Set date and conducted preliminary planning and logistics for the second annual realtor/financial professional breakfast to be hosted at the La Quinta Resort & Club. ■ Preparing for hosting the social event at the International Council of Shopping Centers Fall Conference in Palm Springs including a full -page color advertisement in the program guide. ■ Designed and placed '/2 page color advertisement in a special supplement of The Desert Sun in relation to the grand re -opening of the Palm Springs Aerial Tramway. 503 ■ Prepared Media Plan for directing the City's marketing efforts (Attachment 1). The Media Plan was shared with the Marketing Committee at its meeting on August 25, 2000 and attended by the Chamber, the La Quinta Resort & Club, and City staff along with a representative of Kiner/Goodsell Advertising. ■ Currently in the process of updating City's infomercial. ■ Designing and placing full page, color advertisement in Alaska Airlines' "Destination Palm Springs" magazine feature. ■ Designing and placing an advertisement in the Inland Empire Film Commission production guide. (As part of this process, the City needs to identify potential film sites. Sheri Davis, Inland Empire Film Commission Director, recommends that the City reference potential sites in the City an ini (i.e. to provide a more diverse choice of potential film locations). The rationale is that the City would be able to attract a larger cross-section of filming applicants and benefit from associated economic activity. Accordingly, staff is identifying adjacent County sites (but not those within other cities) to be used as potential film sites (e.g. agricultural properties, the Desert Resorts Regional Airport, etc.). Unless directed otherwise, staff will seek to market potential film sites in the City and unincorporated, adjacent areas in the County, as part of this component of the City's Marketing Plan. Attachment: 1. Media Plan G:\MyData\WPDocs\CITY COUNCIL\DEPARTMENTREPORTMARKETING 09-19-OO.wpd 504 - 002 �x K INN E R / A D V E 2000 001 City of G �'S"EL L S I N G Media Plan La Q u i nta ATTACHMENT 1 PRINT : National Economic Develol2ment Media -- Alaska Airlines Timeframe -- November issue; special feature "Destination Palm Springs" Specs -- 4-color; full page Media -- International Council of Shopping Centers' Conference Guide Timeframe -- September 2000 Specs -- Full page; 4-color Retail Trade Publication Ads e is -- ran- Ise Imes Timeframe -- May issue; total issue devoted to real estate growth & development -- plus bonus distribution to the National Restaurant Association Convention and Franchise Finance Conference Specs -- 4-color; full page Local Economic Develo ment Print Media -- Palm Springs Life Timeframe -- January - April issues Specs -- 4x run; 2/3 or 1/2 page; 4-color Film Site Locator Marketina Media -- Inland mpire Film Commission's 2001-2002 Production Guide Timeframe -- August 2000 (comes out January 2001) Specs -- Full -page, 4-color ad on "Locations" coverpage Business Retention Print Media -- The esert Sun Timeframe -- November - May Specs/Cost -- Still negotiating TELEVISION: Local Economic Development S of TV e is -- Local networks; during weekends Timeframe -- November; January - April Local Infomercial Placement Media -- Time Warner (leased access on channels 2,4 & 7) Timeframe -- November; January - April 505 73-101 Hwy. 111, Suite 4 Palm Desert, California 92260 760.773-0290 fox 760-773-1750 _ 0 0 MRegional Infomercial Placement Media -- F ece yT t�e`Goachella Valley received its very own PBS affiliate. The station will re -broadcast programming from KOCE-TV, the PBS station serving Orange County and the greater Los Angeles market. The affiliation with KOCE-TV creates a conduit for desert area advertisers who, if their message is properly crafted, can clear programming on KOCE-TV at greatly reduced rates. KOCE-TV is seen on 38 cable systems and broadcast over the air in the Los Angeles/Orange County area. Kiner/Goodsell is exploring the costs associated with running pieces of the COLQ infomercial on all of these cable systems using KOCE-TV verses buying these cable systems individually. Timeframe -- November; January - April Business Retention TV Media -- oca networks; Time Warner Timeframe -- November - May RADIO: Business Retention Radio Media -- Local radio stations Timeframe -- November - May 506 -- 005 e-M - T44f 4 XP Q" MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THOMAS P. GENOVESE r (J CITY MANAGER DATE: SEPTEMBER 19, 2000 SUBJECT: JOINT MEETING OF LA QUINTA CITY COUNCIL AND COMMISSIONS. For your consideration, please find a tentative schedule and two alternative schedules for the joint meeting of the City Council and Commissions scheduled for Tuesday, September 26, 2000. Staff is seeking the City Council's preference. Additionally, the Cultural Arts Commission has requested a time allotment of one hour for their respective joint meeting Should you have any questions, please feel free to contact me. Tentative Schedule 4:00 p.m. - Community Services 4:30 p.m. - Cultural Arts 5:00 p.m. - Historic Preservation 5:30 p.m. - Investment Advisory 6:00 p.m. - Planning Alternative Schedule A 6:00 p.m. - Planning 6:45 p.m. - Community Services 7:15 p.m. - Cultural Arts 7:45 p.m. - Historic Preservation 8:15 p.m. - Investment Advisory (concluding at 8:45 p.m.) Alternative Schedule B 5.00 p.m. - Community Services 5:30 p.m. - Cultural Arts 6:00 p.m. - Historic Preservation 6:30 p.m. - Investment Advisory 7:00 p.m. - Planning (joint meeting for'/2 hour during their regular meeting) 507 DEPARTMENT REPORT: 3-A SEPTEMBER 19 SEPTEMBER 26 OCTOBER 3 OCTOBER 17 OCTOBER 19 OCTOBER 25 NOVEMBER 7 NOVEMBER 21 DECEMBER 5 DECEMBER 19 CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING JOINT MEETING OF CITY COUNCIL AND ALL CITY COMMISSIONS/BOARDS/COMMITTEES CITY COUNCIL MEETING CITY COUNCIL MEETING REALTORS BREAKFAST - LA QUINTA RESORT COMMUNITY PARK MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 508 September 2000 Monthly Planner 1 2 August ctober S MT W T F S S MT W T F S 1 2 3 4 5 1 2 3 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 29 30 31 3 4 5 6 17 8 9 Labor Day 12:00 PM Holiday Mayor's Lunch Annual League on erence 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 Joint City Coun- 4:00 PM DRRA cil/Boards/ Airp-Henderson Commissions Meeting Printed by Calendar Creator Plus on 9/15/2000 509 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 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 15 16 17 18 19 20 21 9:00 AM CVB- 8:00 AM - Henderson 10:00 AM 2:00 PM City City -Hosted Council Realtors Break - Meeting fast - La Quinta Resort 3:30 PM Historic Preservation Commission 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 September November 3 S MT W T F S S M T W T F S 1 2 1 2 3 4 Daylight Savin- Halloween 3 4 5 6 7 8 9 5 6 7 8 9 10 11 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 Printed by Calendar Creator Plus on 9/14/2000 510 November 2000 Monthly Planner 1 2 3 4 12:00 PM ctober Mayor's Lunch S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 6 7 8 9 10 11 2:00 PM City 9:00 AM RCTC- 12:00 PM Veteran's Day Veteran's Council Pena Energy/Envi- (HOLIDAY) Day IL Meeting 5:30 PM Invest- Sniff ment Advisory 7:00 PM Cultural ® Board Arts Commission Election Day 12 13 14 15 16 17 18 10:00 AM CVAG 7:00 PM C.V. 3:30 PM Historic Public Safety- Mosquito Preservation Perkins Abate. -Perkins Commission 12:00 PM CVAG 7:00 PM Plan- Transp-Perkins ning Commis- 7:00 PM Commu- sion Meeting nity Services Commission 19 20 21 22 23 24 25 9:00 AM CVB- 12:00 PM CVAG 9:00 AM Henderson Human/Com- LAFCO- 2:00 PM City Adolph Henderson Council Meeting 4:00 PM DRRA Airp-Henderson Thanksgiving 4 (Holiday) Thanksgiving Day (Holiday) 26 27 28 29 30 2:30 PM RCTC 7:00 PM Plan - Budget -Pena ning Commis- December 6:00 PM CVAG- sion Meeting S M T W T F S Exec Com-Pena 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 Printed by Calendar Creator Plus on 9/14/2000 511 DEPARTMENT REPORT: - P� c&t!t 4 ti u�tw �5 OF I TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety -T, 9 - DATE: September 19, 2000 RE: Monthly Department Report - August 2000 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and business licenses for the month of August. The reports depict the following highlights: • Year to date building permit valuation is $210,800,051 .40 which represents an issuance of 2,504 building permits through August; • 1,818 animal control cases have been handled through August; • 1,385 code compliance cases have been initiated through August; • 10 new licenses were issued to La Quinta based businesses in August. 512 N O (O O O O O O O O CM O O (D O O 00 Lo y O Ln Ln O O O O O O O ti C. o ll� O O M Ln WLO (_D O O O O O O O - O O LO O CD It N U 0 qzt N q N M M N LO co J O O Nt CV Ln d Cl) r N r r` r JI m N O O O O O O O O O O O O O O O 't (D r� O O O O O O O O O O O O O O O (D M IZ = N O O O O O O O O 0 CD O O O O O ti m Z Z N N rY N If N (M LO LO O It (D O co M co IT (N O L() CM r � ti N N OR U! O Ln O qz� O O O O In (D (O It co co N qT (D N 0 O) LO N r 'IT O r N r` O O N N qt M (O M OD Ln Ll) cp r` r LO O O LO r � t� ti qt d CF) N r It N O co O O - M M O 00 (M I� (D r- W r M r- O) ItM N N LO LWL Ln M M N �t CM O O M LO O O O r O O It N O O It LO r- 0: (9 O L 7 M Cl? O W = O (e) It r- o � M Lri qt LO O 0 oil co I- (L z.- OD 'ITO (o rl- �t O I -- (DM ! O O N (D r V N— ()) LC) OO r j O Lp O C ~ M LO 0 O M y O O O O O O O O O O O O O O Oj O, O O U O O O O O O O O O O O O O O O O, O O H (D OD O O r— LO O O O O O LO 14 LO O O O m O 00 00 N r` N O CD L6 M N 00 M LO Q N O O Cl O t1) (M O LO M O d* 00 (D ~ 00 ti 00 N Q) N N Co- r L() N r Ln ? H O J (0 LO r CD M CD r— coO N O cV O M M F— Q N U LO LC) O LO O O O O O O O LO O J O O O O O O OO N �f W Q O �Y O 1, O O O O 7 O O O O O LU a= (' i LO (M LO rt LO O r (D LO r` L17 rl- t ti N r r` O O O O 'IT LO r M O M r r r Lo (D O N r LO >- O Q Z O O N OO r` OO O O r- f` O L!) M D) O Z O O O O r` 00 O LO OD LO 00 r` 0) O 0) m N r` co LO LO r- It M 'IT00 (M (D , OI r M rl- 0 O U F- (D (D r` r CO (D It Lf) rl- m � LO 00 J U r r M It O n O_ m U) LA O O O O O O O 0 O O O O O O! O O O Z= O O O (D O O O O C� O (D O U1 O O; N r 0 O r O O O M O O O O O Lo co It LA O O r N (D 19T co O O O O CM (D M r` N U Z Lo OD O r- r� O O LI7 lq� M O O LL) O r N rl 0) Or �� co N co ti CD O r L`tn Ln LO N (O r I r N O O r` ti O co N O 't ti co N LO �t co LOT O (D IT M ti O LO r (D co CO "t LO N N i I r W - -- 'IT (D LON M M O N 0d r a)r O cT CD N� O j 40 N O N It CD 't O Lo r r r ci' r r Ln LO (� � N -� Z �' U W W Z � W J W ti J W 0 N 0 0 0 0 r I- r- — r O O O r O O r` q O r O N r d �_ U a ' w Q CO O J a , J W �I o � } J Z O U J J a U U � a �_ Q O Via-�r- ]C) LL W a � C�a Z Z d F- J W W � Z Z 0 W W ZZ a m � J J Ur W WC W W fn J �_ W J iG Q a V z W U 0 - < IO, Fn 0 O J W _5 O W a ? W W 0 2 U m W IL a C a CD U IUI � 513 002 ANIMAL CONTROL REPORT FOR: August, 2000 Steve Alexander and Jackie Misuraca ANIMAL PICKUPS AUG Doss Alive 3 0 Dead 13 Cats Alive 16 Dead 7 Other Animals Alive 3 Dead 11 TOTAL ANIMALS YEAR TO YEAR TO INCIDENTS YEAR TO YEAR TO DATE 99 DATE 00 HANDLED AUG DATE 99 DATE 00 334 43 103 47 47 57 300 Bite Reports 1 46 16 77 Animal Trap Set Ups 11 47 59 109 56 52 70 Alive 49 484 461 Dead 31 147 203 TOTAL ANIMALS REMOVED 80 631 664 VIOLATIONS: No Owner Warnings Dogs at Large 34 7 Noise Disturbance 0 0 Defecation removal 0 0 License Violation 0 0 Other 2 0 Monthly Total 36 7 Cruelty to Animals 0 21 9 Vicious Animal Restraining 0 4 1 Special Hour Patrols 21 102 120 Zoning Violations 0 2 4 Lost & Found 33 276 228 Animal Rescue 1 30 25 Outside Agency 0 11 13 City Reclaims 5 63 59 Other 4 271 121 TOTALS 114 873 698 Citations 7 0 0 3 0 10 YEAR TO DATE 203 85 168 TOTAL MONTHLY INCIDENTS HANDLED: AUG 00 - 247 YEAR TO DATE INCIDENTS HANDLED: AUG 99 - 1,888/AUG 00 - 1,818 0013 514 CODE COMPLIANCE REPORT FOR: August, 2000 AU .00 YEAR TO DATE 99 YEAR TO DATE 00 ABATEMENTS: Nuisance Abatements Started 79 674 493 Weed Abatements Started 54 188 105 Vehicle Abatements Started 107 577 728 Dwelling Abatements Started 0 36 59 TOTAL STARTED 240 1,475 1,385 TOTAL COMPLETED 133 1,241 1,615 Home Occuoation Inspections 8 48 96 Business License Inspections 18 23 143 Public Service 188 4335 2.263 Garage e sale permits Issued 129 904 1,037 Spay and Neuter Vouchers 7 0 7 004 515 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y 0 0 0 0 0 0 0 0 0 0 +r N N N N N N N N N N y O O � � N •- N N N r- � o 0 0 0 0 0 0 0 0 0 Z U) 0 J F co W F W U 0 W d Z OcnLLw O U = U w U — m — U U �aW > �W rawvwLu 0°w~= 00of0 v)-UOV UwUzIYU>U� J W F- W w} t� m (f) LU ¢ N W a cn J <d Z J w cn �Z�F'Z��OZm IW O (nO w 0 0 0 W D BOUEO-joum w O CO M O O D W N O O `7 W L 0LO N COD d 0 0 I� �— o W. Z n T r n m O O O O O O O O o O I CD CO o O CD (O CO (D O CD d R +. N ¢ ¢ ¢ ¢ a a ¢ ¢ ¢ a aaaaaaaaaa zZZZZZZZZZ �aovaaac�aao �'gggggggggg w CN > w w 0 w w w J J w fn aJ= >_O ¢¢cmnwvi��0-- o_o_g�EEwZ�Z_ WZZOWDZIX IX-= �Xww>-Ww>¢Q¢ Rm000000cDLOO O m 0 (D M Cn CD N 0) Cn Lo CO Lo C fl- LO (O 00 as LO LO °LO w w O z On j n O j IX m of U Q N W OU w V Q j W z U 0 LU m e Z U_ U Z J z zw W m W W Z) O J O z 00 j 0 Z 0 w~ 2¢ O m F- yNC,< a-��oZ- Za. >.- C�¢Z W M W Z=OJ� � �aZO��cnQCJzwm co .0mmOm0UOUoz �gcanci�cco C Lo I- N O O 00 0� M Cl) I- O O' CD O O O B 0 0 0 0 0 0 0 0 0 0 51`' DEPARTMENT REPORT: 5 c&tit " MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR DATE: SEPTEMBER 19, 2000 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF AUGUST, 2000. Attached please find a copy of the Community Development Report which outlines the current cases processed by staff for the month of August. 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CU Oa U O +, R �- y y 0 CC CL L +� y C1 y o N af0i N Q aci 0 aU) (D C i -p C > 16 J U) N CM M CM N V O c) Z U. 0 c c �' f6 Oo y c0 c0 y 0 C c0 d H a E a E c0a V CL m =CC = a a 0 C7 N Q 522 a 0 �(T DEPARTMENT REPORT: %- a Lam Q•c V S 5 C�nl OF �ti TO: HONORABLE MAYOR AND MEMBERS OF THE CITY C CIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECT DATE: SEPTEMBER 19, 2000 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF AUGUST 2000 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF OCTOBER 2000: Oct 3 *Understanding Hearing Loss, Seminar Oct 5 Art Blast After -school Program, Senior Center Oct 9 *Putting Contest Oct 10 *Know Your Prescriptions, Seminar Oct 11 *Estate Planning Seminar, Seminar Oct 12 *Day Trip to the Palm Springs Museum Oct 12 *Fresh, Quick and Delicious Cooking Class Oct 14 Microsoft Access, Computer Seminar, Boys & Girls Club Oct 16 *Adult CPR Class Oct 16 Pacific Rim Cuisine Cooking Classes, Senior Center Oct 17 *Financial Seminar Oct 17 Surfing the Internet, Computer Seminar, Senior Center Oct 17 *Free Hearing Consultation and Hearing Aid Check Oct 17 *Healthy Home Cooking Class Oct 18 American Regional Cooking Classes, Senior Center Oct 19 *Oktoberfest Luncheon Oct 19 *Free Legal Consultation Oct 19 Oil Painting Classes, Senior Center Art Room Oct 23 *Mature Driver's Course Oct 24 *Bread Dough Sculpture Class Oct 26 *Healthy Cooking Class/Heart Hospital Tour Oct 26 *Ninth Annual Health Fair and Free Flu Shots Oct 27 Annual Tiny Tot Halloween Carnival, Senior Center Oct 30 Ballroom Dancing Lessons, La Quinta High School * Senior Center Program, Class or Event 523 T4ht 4 4Q" Community Services Department Attendance Report for the month of August 2000 Summary Sheet Program 2000 1999 Variance Meetings Per Month 2000 1999 Leisure Classes 270 76 194 251 8 Special Events 163 90 77 41 2 Adult Sports 790 922 -132 13 14 Fritz Burns Pool 2950 2784 166 31 31 Senior Center 1026 1256 -230 78 93 Total 5199 5128 75 151 148 Senior Services Senior Center 602 581 21 17 11 Total 602 581 21 17 11 Sports Complex Use AYSO Soccer Camp 200 0 200 5 0 Total 200 0 200 5 0 Total Programs 6001 5709 2961 173 159 Volunteer Hours Senior Center 677 745 -68 Meals on Wheels 69 67 2 Total Volunteer Hours 746 812 -66 Monthly Revenue Senior Center $ 3,628.50 $ 5,485.00 $ (1,856.50) Community Services $ 3,081.00 $ 2,102.00 $ 979.00 Rental Income $ 1,940.00 $ - $ 1,940.00 Total Revenue $ 8,649.50 $ 7,587.00 $ 1,062.50 Revenue Year to Date Senior Center $ 6,171.50 $ 7,641.00 $ (1,464.50) Community Services $ 7,377.00 $ 7,910.50 $ (533.50) Rental Income $ 2,949.00 $ 605.00 $ 2,344.00 Total Revenue to Date $16,497.50 $ 16,156.50 $ 346.00 524 002 Community Services Program Report for August 2000 2000 2000 1999 1999 2000 1999 Participants Total Participation Participants Total Participation Variance Meetings Meetings Leisure Classes Beginning Yoga, Tu. 21 84 0 0 84 4 0 Beginning Yoga, Th. 19 76 0 0 76 4 0 Continuing Yoga, Tu. 6 24 0 0 24 4 0 Continuing Yoga, Th. 4 16 0 0 16 4 0 Beg. Computers Tues. 10 40 9 36 4 4 4 Int. Computers Wed. 5 20 10 30 -10 4 3 Microsoft Excel Class 10 10 10 10 0 1 1 Totals 1 751 2701 291 761 1941 25 1 8 2000 2000 1999 1999 2000 1999 Participants Total Participation Participants Total Participation Variance Meetings Meetin s Special Events Golf Tour, Desert Willow 46 46 0 0 46 1 0 Golf Tour, LQ Resort 34 34 46 46 -8 1 1 Golf Tour, Pete Dye 42 42 44 44 -2 1 1 Golf Tour, Palm Valley 41 41 01 01 41 11 0 Totals 1 163 163 901 901 771 41 2 2000 2000 1999 1999 2000 1999 Participants Total Participation Participants Total Participation Variance Meetings Meetings Adult Sports Open Basketball M/T 150 150 130 130 20 9 10 Adult Soccer League 160 640 198 792 -152 4 4 Totals 310 790 328 922 -132 13 14 Recreation Totals 1 548 .1,2231 4471 10881 1391 421 24 Page 2 525 003 Senior Center Attendance 1999 1999 Registered o a 5ster Total Meetings artician artic a ion Participants articianon ariance 2000 1999 Senior Activities Ballroom Dance (Complimentary) 11 11 0 0 11 1 0 Bridge, ACBL 92 92 140 140 -48 5 4 Bridge, Duplicate/Social 239 239 250 250 -11 12 14 Golden Tones 33 33 53 53 -20 4 5 Ice Cream Social 33 33 17 17 16 4 3 Monthly Birthday Party 17 17 31 31 -14 1 1 Monthly Luncheon 117 117 111 111 6 1 1 Movie Time 74 74 59 59 15 10 5 Putting Contest 5 5 15 15 -10 1 1 Seminars 20 20 51 51 -31 1 3 Television Viewing 27 27 42 42 -15 n/a n/a Senior Activity Total 668 668 769 769 -101 40 37 Senior Leisure Courses Ballroom Dance 14 44 0 44 4 0 Computer 36 42 106 121 -79 6 27 Computer Tutor 4 4 0 0 4 41 0 CPR Class 6 6 7 7 -1 1 1 Exercise 34 210 39 296 -86 15 17 Senior Leisure Courses Total 94 306 152 424 -118 30 45 Senior Leisure Classes Arts and Crafts 8 8 20 20 -12 2 4 Painting 6 6 11 11 -5 2 3 Quilting 38 38 32 32 6 4 4 Senior Leisure Classes Total 52 52 63 63 -11 8 11 TOTAL SENIOR PROGRAMS 814 1026 984 1256 -230 78 93 Senior Services Ambassadors 45 45 49 49 -4 n/a n/a FIND Food Distribution 277 277 319 319 -42 41 4 Health Screenings 14 14 44 44 -30 1 5 Home/Rental Rebate 18 18 0 0 18 4 0 I.I.D. Energy Assistance 34 34 0 0 34 4 0 I.I.D. Energy Assistance/No Fee 2 2 0 0 2 4 0 Information/Referral/Outreach 203 203 157 157 46 n/a n/a Medicare Consultation 3 3 7 7 -4 n/a n/a Share Meetings/Sign-up 6 6 5 5 1 0 2 TOTAL SENIOR SERVICES 602 602 581 581 21 17 11 SENIOR CENTER TOTAL 1416 1628 1565 1837 -209 95 104 Page 3 526 U0 f lo, c DEPARTMENT REPORT: (0' a 5 C�hl OF TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECTOR DATE: SEPTEMBER 19, 2000 SUBJECT: CULTURAL ARTS COMMISSION SYMPOSIUM UPDATE The Cultural Arts Commission is finalizing plans for the Cultural Symposium to be held at City Hall on Saturday, November 4, 2000 from 12:00-5:00 p.m. The following is a preliminary schedule of activities: Introduction by Mayor Pena Introduction by Commissioner Shamis Keynote Address by Jack Mackie Panel discussions regarding the following topics: Community and the Arts Education and the Arts Business and the Arts Government and the Arts Question Session Following the presentations, a reception will be held in the courtyard with light snacks, refreshments and wine being served by a caterer. It is anticipated that the reception will last 30- 45 minutes. S:\Community Services\CCReports\SYMPOSIUM UPDATE.wpd 527 Lou C, DEPARTMENT REPORT: S—A 4 6-1"(': ��, - 0 GF�J OF 7 TO: The Honorable Mayor and Members of the City Council FROM: Chris A. Vogt, Public Works Director/City Engineer DATE: September 19, 2000 RE: Public Works/Engineering Department Report for the Month of August 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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OF'F-H O O� �+ N� O�F-H N Nei Nii N y,�i> m C N +cC'UiU� C7C7Ui(AC7(nUUC��UocC�C7UiHUiUU>I-HUUOJU *rlMMO NMrD(DnMrA000 NM(OnWC) NOctrn(DMO�N rn Lo rn (D CD (D (o (D co(D (O n (D n � � r� N n n 00 O 0000 00 00 00 O0 0)O) O) Z 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 M Cl)M m M M M Cl) Cl) M M (" ) M coM M CM) C')M M ('M M (') M C') ('O M cm.)M PM O w'O O O O O O O O O O O O O O O O O O O O O O O 0000000000000000000 O O O O O O O O O O O O O O O O O O O 0 _-----i\a�00rnTrnOOOO�^tnCO�stgtLoMLntn�iLC) i'00 00 00 00 00 00 00 00 00 00 00 00 _��- 00 ��-------- M OD 00 II OO Cp ��NNNNNNNN 00 00 00 00 00 00 00 00 N 00 00 CO N 00 co QO 532 005 MONTHLY PROJECT STATUS SUMMARY Capital Improvement Projects F/Y 1999/2000 August 2000 111 Project Name/No. Contract Complete Complete Scheduled Amount last to Date Construction Month Start/Com letion City Entrance Monuments 98-05 $257,100 0% 100% 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% 100% 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 0% 100% Sept 1999 Mar 2000 Improvements, Signals, 98-15 Award 9/7/99 Fritz Bums Park/ Bear Creek Bike $219,807 00% 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 0 Median Landscape 99-01 $210,000 0% 100% July, 1999 Sept, 1999 Award 5/18/99 Leffe rson Street Improvements $6,876,876 10% 18% May, 2000 April, 2001 111 to Ave 54, 99-05 Award 6/29/99ico, Sinaloa & Ave 52 $346,211 0% 100% Jan—2000 2000 March, 200 00 533 T:\PWDEPT\CIPDIV\MPSSMST_REPORT\2000\0008*miA.wpd Revised 9171000 0006 1 �1111111111111111111�111111111�� I�IIIIIIIIIIIIIIIII�i111111111111111111111111�� 31111111111111111111ii11111111111111111111111ii �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIii�1 "I m1 -JIIIIIIIIIIIIIIIIIIIii111111111ii1�111111111111�1 �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIii1111111111111ii11 3111111111111111111111ii111111111ii11111111111111 �:�11111111111111111111111111111111111111111111 ��I��111��111111111111��11�1111111111111�1 -I _I 11111111111111111111�111111111�1111111111111��1 -�I�111111111111111111111111111111111111111111 -31�111111111111111111111111111111111111111111 :�11111111111111;;1IIIIIIIIIIIIIIIIIIIIIIIIIii11 I �IIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIII�I��ii�� -�1111111111111111111111111111111111111111111111 -3111111111111111111111ii111111111111111111111111 �Iii11111111111�1111111111111�111ii11111111111111 =�IIIIIIIIIIIII��I�IIii111111111111111111111111�1 WI �111111111111111111�111111111111111111111111�11 -�111111111111111111�111111111111111111111111111 -31111111111111111111111111111111111111111111111 �1111111111111111111111111111111111111111111111 c o o Qo o y o o o ro o �o �o ao j o 0 o c o? u c o o �o 0 0 0 w o o c o ECL C c C cn- 3 C 7 'Z O E E C A lVV Nr� p1 — too MINI IN IN .... ... ... ... .. . . .......... .... ... . .... .... .......... .... .... ............ ... . .... ... ..... .. ...... .... .... . .. .......... .... .. ...... ... .. .... .. ....... .... .... . .... .. .... .... ...... .. .... . ....... ....... .... .... ... ... .. .... ..... .... .... .. . . .. .... .......... . - .... .... .. ........ ....... .... .... ....... ... ... .... .... .... ....... .. .... ....... ........... .... .... .... ....... - . .... . .... .... .. .. ........ MINI 1111 loll IIIINUM IN 311 Ilia I IN IN IN MINION IN 111111 . ......... . .. .... . . ..... .... ... ... .... .... ..... .... .... . .. .......... .... ....... .. .... .... ......... . ... .......... . Lr- Lij -6 'ffi ia :3 (4 = C.) <— Q 0 Q t5 < < E '6 0 Z.) 0 0 IF -a. 2, 70 < < z QC) 0 r c CD - :3 0)— — ID 7t 0 < 0 (D 0 'D LU CL 2 4) r 75 M 0 a) C15 § 72 r.- IQ U % 0 m E E (D .2 (U Z m gn 0 CD 21 m :3 LLJ U) (9 EL 'I�D > > EL 1 V3 j 2 p5l 0 p d 0� I NCO (U V I I I I au) I I c I C� 0 -mi L) I I E L I A CE Department Report No. 9 - A POLICE REPORT Inside this issue: August Significant Activ- ity Report School Resource officer Report for August July Crime Statistics Sum- mary La Quinta Target Team Au- gust Report Special points of interest from the Crime Statistic Summary: Traffic enforcement and umber of citations Increase In an effort to slow the rate of non-InJury acci- dents. Grimes against persons (Robberies and Assaults) are down. o Residential and vehicle burglaries drop but commercial burglaries show an Increase. Calls for service In July show a marked Increase, but the YTo Is less than the previous year. 7ULY/AUGUST 2000 The City's first motorcycle is outfitted for patrol Citizens of La Quinta will soon see the newest edition to the Police Traffic Team cruising the streets of their city. The 2000 BMW has been fully outfitted with top of the line traffic enforcement technology. Motor Officer Adams is scheduled for training completion and street assignment by mid -October. School Safety and Speed Enforcement program Next month look for the After Action Report on the School Safety and Speed Enforcement Program con- ducted August 28 through September 8th. The pro- gram included radar speed enforcement of vehicular speed laws in school zones and enforcement of pedes- trian, bicycle and safety re- straint laws. The purpose of this type of program was to enhance public awareness of child traffic safety and to reduce speeds in and around the school zone areas. Officers monitored pedestrian safety, bicycle safety and the use of safety equipment (helmets, child safety restraints, and seat belts). The La Quinta Police Department was on the scene to welcome back both students and their parents to a new and safe school year. 53 LA QUINTA POLICE DEPARTMENT Significant Incidents / Highlights August, 2000 CALLS FOR SERVICE 07/29 (Sat) 43 08/14 (Mon) 39 07/30 (Sun) 42 08/15 (rue) 39 07/31 (Mon) 50 08/16 (Wed) 41 08/01 (Tue) 37 08/17 (Thu) 46 08/02 (Wed) 38 08/18 (Fri) 42 08/03 (Thu) 45 08/19 (Sat) 39 08/04 (Fri) 57 08/20 (Sun) 38 08/05 (Sat) 47 08/21 (Mon) 40 08/06 (Sun) 34 08/22 (Tue) 51 08/07 (Mon) 46 08/23 (Wed) 43 08/08 (Tue) 48 08/24 (Thu) 46 08/09 (Wed) 47 08/25 (Fri) 56 08/10 (Thu) 44 08/26 (Sat) 49 08/11 (Fri) 47 08/27 (Sun) 43 08/12 (Sat) 50 08/28 (Mon) 49 08/13 (Sun) 34 08/29 (rues) 44 08/30 (Wed) 43 08/31 (Thu) 37 TOTAL CALLS: 1495 (Averaging 48 calls per day for the reporting period) (Includes self -initiated activity and citations issued) SIGNIFICANT ACTIVITY 07/29 A 36 year old La Quinta man was arrested for domestic violence in the 46-000 block of Dune Palms. The man was under the influence of drugs or alcohol and was on active parole. A 37 year old La Quinta man was arrested for a felony drug warrant in the 53-000 block of Ave. Juarez. 07 30 Three Simi Valley men were arrested for public intoxication after being located in the middle of the intersection at Washington Street and S.R. 111, at 0300 am, drinking beer. Officers investigated an unattended death of a 77 year old woman in the 45-000 block of Desert Air. Family members stated that she had past medical problems and would not seek medical attention. No signs of foul play or suspicious circumstances were noted. A 19 year old La Quinta man was arrested for DUI at Washington Street and Ave. 48. 1 537 07/31 Nothing notable. 08 01 During a business check of Simon Motors, two 2000 Chevrolet Tahoe's were found unlocked. 08/02 A petty theft of a newspaper rack was reported at 78251 S.R. 111. A possible suspect has been identified and the investigation in ongoing. 08/03 A 30 year old Coachella man was arrested for grand theft, possessing stolen property and violating parole. The man was involved in several other thefts from building supply store parking lots in both La Quinta and Rancho Mirage. 08/04 A non -injury traffic collision occurred at Eisenhower Drive and Ave. 50 due to unsafe speed. An explosive device was found in the 79-000 block of Camino Del Oro. The object (a pipe bomb) was examined and collected by the Riverside Sheriffs Departments Hazardous Device Team. The investigation is ongoing. A 32 year old Cathedral City man was arrested for possession of methamphetamine. 08/05 A 42 year old La Quinta man was the suspect of a hit & run traffic collision which occurred in Palm Desert. The man was able to flee the scene and drive to his La Quinta residence before Police could locate him. When contacted at his residence by La Quinta officers, the man became combative and resisted the officers. This led to a physical altercation and additional charges against the suspect. A 24 year old Indio man was arrested for DUI at S.R. I I I x Shields Road. A minor injury, DUI related, traffic collision occurred at PGA Blvd. and Jack Nicklaus. The driver failed to negotiate a curve in the road which caused the vehicle to strike the center median and roll-over twice. The driver was wearing a seatbelt and was ejected. He sustained neck and back injuries. His two passengers, who were wearing seatbelts, sustained minor injuries. A minor injury traffic collision occurred at S.R. I I I and Dune Palms Road. The driver veered off the roadway which caused the vehicle to roll over. The driver was ejected and sustained injuries to her hip. 08/06 A 1997 Volkswagon Jetta was reported stolen in the 52-000 block of Ave. Carranza. 08 07 An unknown suspect burglarized a construction trailer at the Fairways construction site. Taken were the keys to a truck which was also taken. This is the second occurrence at this location. A vandalism occurred in the 54-000 block of Ave. Velasco. A non -injury traffic collision occurred at Washington Street and Eisenhower Drive due to driver distraction. 0 08 A roof- top burglary occurred at China Joe's Restaurant and The Taco Shop. Both cash registers were taken. 2 538 08 09 A vehicle burglary occurred in the 79-000 block of Desert Rock. The stereo was taken. A grand theft of pool equipment was reported in the 78-000 block of Breckenridge. WIN A 48 year old Coachella man was arrested for a felony drug warrant in the PGA residential area. A 52 year old Indio man was arrested for a felony drug warrant at Calle Tampico and Ave. Bermudas. A 21 year old La Quinta man was arrested for possession of methamphetamine at Calle Tampico and Ave. Bermudas. Border Patrol agents responded to Calle Tampico and Ave. Bermudas in order to assist officers with numerous subjects without proper credentials to be in U.S. Five subjects were deported. A possible stalking incident was reported in the 54-000 block of Ave. Cortez, involving ex -marital partners. 8 1 A grand theft of pool equipment was reported in the 78-000 block of Sunbrook Lane. A burglary was reported in the 44-000 block of Los Manos. Taken was a bicycle. A 1998 Ford Mustang was reported stolen in the 54-000 block of Ave. Alvarado. The suspect was known to the victim and left a note explaining his intention to drive to St. Louis, MO. He called from Arizona and asked for victim to send him money for car repairs. Arizona DPS was contacted and they arrested the suspect with the car and drugs. 08 2 A burglary was reported in the 79-000 block of Westward Ho. Taken was jewelry. A non -injury traffic collision occurred at S.R. 111 and Simon Drive. The PCF was failure to stop at a red light. 08/13 A 35 year old Palm Desert female was arrested for public intoxication outside the Beerhunter after causing a disturbance. A 25 year old male was arrested for public intoxication and battery at the La Quinta Resort after assaulting a resort security officer. A male and female Indio couple were identified as the suspects in a shoplifting turned robbery at Walmart. Originally the female attempted to remove store merchandise without paying for it and was detained. The male retrieved a handgun from a vehicle and aided the female in fleeing. The female suspect however left behind her identification card. 08/14 An explosion occurred in the 45-000 block of Desert Hills. Two male juveniles were discovered to have injuries after attempting to make an explosive device. 539 0 15 A 21 year old parolee was arrested after breaking into a residence in the 79-000 block of Westward Ho. The suspect woke the residents who called police. Five La Quinta juveniles were charged in connection to a golf cart theft which occurred at Rancho La Quinta. 08/16 Nothing notable. 08/17 A non -injury traffic collision occurred at Washington Street and Ave. 52. The PCF was failure to stop at red signal. A missing adult was reported in the 51-000 block of Ave. Rubio. An 18 year old female was missing after an argument with her mother. A 38 year old Rancho Mirage man was arrested for DUI on Eisenhower Drive. 08/18 Nothing notable. 08/19 Two Indio males were arrested after a traffic stop at Miles Ave. and Adams Street. The charges ranged from traffic violations to drug and gun charges. A 34 year old Corona man was arrested for possession of methamphetamine. A grand theft was reported at the La Quinta Resort. Taken was $8,000.00 dollars worth of coins. They coins were later discovered by the victim inside a different suitcase. A 25 year old La Quinta man was arrested for domestic violence in the 52-000 block of Ave. Villa. The man pushed his live-in girlfriend into a large mirror, breaking it, and causing several cuts to be inflicted. A male was arrested for public intoxication and (5) misdemeanor warrants. A 28 year old La Quinta man attempted to commit suicide by hanging, in his garage, in the 45-000 block of Sunbrook. The male was found by his father who was able to rescue the son before dying. 08/20 A 37 year old La Quinta man was arrested for domestic violence in the 51-000 block of Ave. Villa. During a traffic stop, a 20 year old male was arrested for an outstanding rape warrant. A burglary occurred in the 54-000 block of Ave. Herrera. Taken were household electronics. 08/21 A non -injury, hit & run, traffic collision occurred in the 52-000 block of Ave. Alvarado. Before officers arrived, the driver left the scene and collided with two other vehicles nearby. The driver then fled on foot. The investigation is ongoing and officers have gathered suspect leads. A non -injury traffic collision occurred at Miles Ave. and Adams Street. The PCF was failure to stop at red light. 4 08/22 A 28 year old La Quinta female was arrested at Stater Bros. for burglary. A report of an unattended death was investigated in the 78-000 block of Crimson Drive. The man appeared to have died from natural causes at 89 years of age. 08 The City of La Quinta has planned a back -to -school Safety and Speed Enforcement program for September. A 41 year old female was arrested at Walmart for shoplifting, theft with priors and possession of illegal drugs. 08/24 A 26 year old La Quinta man was arrested after a traffic stop. The male was identified as a fugitive from Washington and had an outstanding warrant for methamphetamine sales. A 48 year old La Quinta female was arrested for DUI at Washington Street and Ave. 50. 08 25 A 20 year old La Quinta man was arrested for a San Diego County, felony, probation violation warrant. Two suspects in a robbery at Walmart were identified and detained by Palms Springs Police after receiving a call of domestic violence. La Quinta officers responded and took the pair into custody. 08126 A 20 year old La Quinta man was the victim of an assault with a deadly weapon in the 46-000 block of Dune Palms Road. A 39 year old man was arrested for public intoxication. A vehicle theft was reported in the 54-000 block of Ave. Alvarado. He was identified and the vehicle was recovered. A 26 year old La Quinta man was arrested for DUI at Ave. Velasco and Calle Sinaloa. A La Quinta man was assaulted at a party by numerous "Skinhead types." The victim was hit, kicked and struck several times in the head with a brick. The incident occurred in the 51-000 block of Velasco and the investigation is continuing. A 21 year old La Quinta man was arrested for public intoxication in the 54-000 block of Ave. Alvarado. 08 27 A 24 year old La Quinta man was arrested for DUI at Eisenhower Drive and Calle Colima. A residential burglary was reported in the 77-500 block of Calle Monterey. 08/28 An attempted suicide of a La Quinta juvenile was reported in the 52-000 Block of Eisenhower Drive. The juvenile swallowed numerous Tylenol and other medications. 08/29 A vehicle burglary was reported in the 53-000 block of Ave. Mendoza. Taken was a stereo. 08/30 A 39 year old La Quinta man was arrested for a misdemeanor, public intoxication, warrant. Two La Quinta minors were contacted in reference a trespass report in the 51-000 block of Ave. Herrera. At ages 8 and 10 it was determined that no charges would be filed. 8/31 A non -injury traffic collision occurred at S.R 111 and Washington Street. The PCF was unsafe speed. A non -injury traffic collision occurred at S.R. l ll and Washington Street. The PCF was unsafe lane change. A 37 year old La Quinta man was arrested for domestic violence in the 48-000 block of Calle Fuentes. The male struck his wife and made threats to her boyfriend while holding two steak knives. The threats were witnesses by officers. Z Riverside County Sheriff's Department La Quinta Target Team Mo ,ihl y Report Deputy Edward Price and Deputy Aaron Eller Assisting CVNTF on Directed Enforcement The following is a summary of the Target Team activities for the month of August. Ongoing investigations 6 Bicycle time Arrests/Filings 02 Training hours Vehicle stops/checks 24 Illegal drugs seized Business contacts 12 Investigation assists 4 Total mileage: Arrest warrants served 1 Arrest warrants attempted 15 Programs c Pedestrian checks 20 Crime prevention hours 4 Barchecks 2 Back-ups 15 Follow-ups 8 Search warrants 0 Probation searches 3 Parole searches 2 Consent searches 23 Meetings 2 Recovered stolen property $1000 Citations 0 Surveillances 2 Property checks 0 i"hAl rnmrnitman+a R hra 465 0 hrs 40 hrs none 543 ➢ LQ resident arrested for a felony drug warrant. A Coachella resident arrested for grand theft. ➢ The Target Team attended telephone surveillance training course. IV. The Target Team attended the August 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 arrested a parolee from Coachella In reference to a grand theft and the possession of stolen property. A The Target Team arrested a La Quinta probationer for a felony drug warrant. A The Target Team has authored a surveillance program in reference to the landscape lighting vandalism problems. The program will begin on 09/05/00 and continue for approximately (2) weeks. A The Target Team attended a (4) day gang conference sponsored by the California Gang Investigators Association In order to assist with gang related criminal activity in La Quinta. ➢ The Target Team attempted to serve numerous arrest warrants on persons living in La Quinta. Prepared on 08/29/00 by Deputy E. Price #2273 Deputy A. Eller #2418 544 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT August 2000* SCHOOL: LA QUINTA HIGH SCHOOL Deputy: Randall Wedertz City Contract Position HIGHLIGHTS,, I was assigned to the high school the week of August 21 -25 for student registration. School begins September 6, 2000. DEP. R. WEDERTZ #2346 "Actual reporting period covers July 17, 2000 through August 26, 2000. No other School Resource Officer activity to report - Summer Vacation 545 CITY OF LA Q UINTA CRIME STATISTICS SUMMARY JULY 2000 CITY OF IAA QUINTA JULY CRIME COMPARISONS CRIME JULY 2000 JULY 1999 YTD (00) YTD (99) *HOMICIDE 0 1 0 1 *RAPE 0 1 11 3 SEX CRIMES (FEL) 1 3 10 16 SEX CRIMES (MISD) 0 0 11 6 ROBBERY 0 3 6 10 ASSAULT (FEL) 8 7 61 63 ASSAULT (MISD) 10 22 121 133 BURGLARY 28 33 219 202 *VEHICLE THEFT 11 7 62 65 *THEFT (FEL) 22 20 133 98 THEFT (MISD) 27 16 228 174 VANDALISM (MISD) 20 31 211 250 DOM. VIOLENCE 13 12 87 71 NARCOTICS 4 13 48 63 DUI 11 11 52 49 T/C NON -INJURY 28 30 289 208 T/C INJURY 3 5 32 30 T/C FATAL 0 it 2 1 TRAFFIC CITATIONS 365 275 1662 1798 * S"TATISTICS INCLUDE ATTEMPTS 547 z w F- a w 0 w U 0 CL H z C'1 g 0 0) 0 CD C7 cr) tV Y- i J D D "a n ■ 0i N N C7 N 00 tV co 0 r� O It � � � N T- 0 LO 0 9 ao oa ;M C7 ULO CO CN CC) O t� mum. 1pi N CY) Cfl t— CD O co co C) CY) r- O LO O LO O N N T - a U x 549 N w U J Q 550 z w 2 F� a¢. w 0 0 J d FOIL z Q J w 0 w 0 0 Q U 8 U N a w 0 U 0 LO O tfy C] N r- C) Co 0 N M r- 551 CD d" CV © 00 co It N 552 cn as 0 0 40 CO d' CV 0 I- U 0 Z 553 O m N J _J D 0 O O Ce) M 00 N ;ISM :N LO co M O C.� O O O O O O mot' M N e-- J L¢L. R w 554 CITY OF LA QUINTA DISPATCH INFORMATION / JULY 2000 TYPE OF CALL RESPONSE TIME(MINUTES) NUMBER OF INCIDENTS CODE 1: ROUTINE 7 1080 CODE 3: EMERGENCY 5 2 555 oo, •� C�► L'A'Roc�aa o - 556 c&t!t 4 4a QN&M COUNCIL/RDA MEETING DATE: September 19, 2000 ITEM TITLE: Continued Public Hearing on General Plan Land Use Alternatives ._ • L 04 •\ As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None at this time. PT: FA oil • None at this time. MT :• "—, 011DWely Pt� AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: I The City Council, at it's August 15 , 2000 meeting, held a continued Public Hearing on the General Plan Land Use Alternatives to receive comments; and continued the General Plan Public Hearing to September 19, 2000. (Attachment 1). The City Council has directed staff to schedule the General Plan Update as A regular monthly Public Hearing item so that the Council can take further comments from the community regarding the Recommended General Plan Land Use Map. Attached is a letter from William J. Hammer (Attachment 2) requesting consideration of changes to the Recommended General Plan Land Use map. The alternatives available to the City Council include: 1. Continue the Public Hearing on General Plan Land Use Alternatives to a date certain in October, 2000; or GPU.9-19-2000 557 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, Jerr er n Co munity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. City Council Minutes for August 15, 2000 2. William J. Hammer letter -- 002 GPU.9-19-2000 558 City Council Minutes PUBLIC HEARINGS aJ f c a.. 13 ATTACHMENT 1 August 15, 2000 1. CONTINUED PUBLIC HEARING ON GENERAL PLAN LAND -USE ALTERNATIVES. The Mayor declared the PUBLIC HEARING OPEN. Community Development Director Herman presented a brief staff report and reported that two requests for changes in land -use designations have been received. In response to Council Member Henderson, Mr. Herman advised the two requests may be addressed during the formal public hearing process. Mayor Pena advised he had received a call from a property owner who is considering annexation into La Quinta but is concerned about the request for a commercial land -use designation at Madison Street and Avenue 58. He asked about the deadline for returning the annexation survey, to which Mr. Herman responded September 15. Council Member Perkins requested a colored General Plan map, to differentiate the land uses, be provided at the next hearing. MOTION - It was moved by Council Members Sniff/Perkins to continue the public hearing for General Plan Land -Use Alternatives to September 15, 2000. Motion carried unanimously with Council Member Adolph ABSENT. MINUTE ORDER NO. 2000-165. 001 559 William J. Hammer PO Box 278 Palm Desert, CA 92261 (760)346-6624 (760)568-4653 FAX City of La Quinta 78-495 Calle Tampico PO Box 1504 La Quinta, CA 92253 attn. Jerry Herman 'TACHMENT 2 �R01MME SEP1120 C1TYOFLkQ,UjNTA l''�PARTNIENT September 11, 2000 RE: Parcel #761-310-013, 761-310-014, 761-310-015, 761-310-016 Dear Jerry, As you know, I have written in the past of my full support for the annexation of my properties into the city of La Quinta. The above referenced parcels represent four contiguous ten acre parcels (a total of forty acres) that I would like the City Council to consider zoning for commercial and/or commercial high density residential (apartments). My wife and I have been approached by developers for this to be a potential commercial site and our own plans for this property that I have worked with the county of Riverside on in a very preliminary basis is to build apartment complexes on one or all of these parcels. If you have any questions, please call me at the above number. Thank you in advance for your help with this matter. Sincerely, William J. Hammer 0 04 560 e I �n 4� a � CL C-a fYl N - - -- - --- z Cu CU cu = w N lWYN CO W iL T Q] rn Lo nri ,, a LL U S T iTi T QD f u .� 4T ILua Q 561 T4ht 4 1WQ" COUNCIL/RDA MEETING DATE: September 19, 2000 ITEM TITLE: Public Hearing on Proposed Street Closure of Avenida Mendoza South of Frances Hack Park Between Avenida Montezuma and the Alley AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: h Adopt a Resolution of the City Council closing a portion of Avenida Mendoza to motorized vehicular traffic. None. None. The proposed closure of Avenida Mendoza south of Frances Hack Park between Avenida Mendoza and the alley is a recommendation of the Museum Expansion Committee formed by the City Council at its June 6, 2000 meeting. A map showing the proposed closure is included as Attachment 1. The Committee is comprised of Mayor Pro Tern, Stanley Sniff; Council Member, Don Adolph; Historical Society Members Pat Cross and Judy Vossler; and Historical Preservation Commissioner Barbara Irwin. The Committee met on two occasions, June 8, 2000 and July 19, 2000. Street closure was discussed at the latter meeting. Closure of the segment of Avenida Mendoza adjacent to the La Quinta Historical Museum property would allow for public parking, and pedestrian and bicycle access from the residential area to the south to the Museum and park. 562 T:\PWDEPT\COUNCI L\2000\000919d.wpd Pursuant to the Committee's recommendation, the proposal to close Avenida Mendoza to vehicular traffic is presented for consideration. The proposal is closure of the street to motorized vehicular traffic at the subject location, not vacation of public use rights dedicated by the subdivider on the subdivision map that created Avenida Mendoza, hence the public use right will be retained if the proposed action is approved. The proposed closure is permissible under Street and Highways Code §21 101(a)(1) and La Quinta City Council Resolution 2000-99 which establishes policies for closure of streets to vehicular traffic. The public hearing for this item has been published in the Desert Sun and notices sent as required by Resolution 2000-99 apprizing all interested parties and property owners within 500 feet of the proposed street closure location. In order for the City Council to approve the proposed street closure, it is necessary to make a finding that the street is no longer needed for motorized vehicular traffic. The subject portion of Avenida Mendoza proposed for closure is lightly used by motorized vehicular traffic. A 24-hour traffic count was taken on July 18, 2000; 75 vehicles were counted. The light use is largely attributable to convenient alternative routes in the immediate vicinity and the subject street segment is not a key route linking big traffic generators to big traffic attractors. Closure of the subject segment of Avenida Mendoza would divert motorized vehicles west to Eisenhower Drive or east to Avenida Navarro, both of which are 550 feet away. Residents wishing to access Frances Hack Park from south of Avenida Mendoza would travel 1 /4 of a mile longer after the proposed segment of Avenida Mendoza is closed. At an average speed of 15 MPH, approximately one minute commute time is added. Public use for pedestrian and bicycle traffic will continue to be accommodated through the closure area. The alley located at the south end of the closure area is currently unimproved, while Avenida Mendoza and Avenida Montezuma are paved but have no curb or gutter. However, the City is currently under contract with Granite Construction Company to improve all of the streets and alleys in the immediate area to city standard. The improvements are expected to be completed by March, 2001. The new improvements will greatly enhance motorized vehicle accessibility in the area making the alternative routes that support the proposed closure viable for use. Given these parameters, it is possible for the City Council to make the finding that the proposed closure area is no longer needed for motorized vehicular traffic. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council closing a portion of Avenida Mendoza to motorized vehicular traffic; or 563 i T:\PWDEPT\COUNCIL\2000\000919d.wpd � ,� 2. Do not adopt a Resolution of the City Council closing a portion of Avenida Mendoza to motorized vehicular traffic; 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. Santa Carmelita at Vale La Quinta, Unit 14, Subdivision Map 564 003 T:\PWDEPT\COUNCIL\2000\000919d.wpd RESOLUTION NO. 2000- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA CLOSING A 100- FOOT LONG SEGMENT OF AVENIDA MENDOZA TO MOTORIZED VEHICULAR TRAFFIC SOUTH OF FRANCES HACK PARK BETWEEN AVENIDA MONTEZUMA AND THE ALLEY WHEREAS, subdivision map entitled Santa Carmelita at Vale La Quinta, Unit 14 created Avenida Mendoza in 1935; and WHEREAS, the subdivider irrevocably dedicated Lot G, which is Avenida Mendoza, on the tract map to public use and said dedication has been duly accepted by the City of La Quinta; and WHEREAS, the City desires to close a 100-foot long segment of Avenida Mendoza to motorized vehicular traffic south of Frances Hack Park, which is shown as Lots 130 and 131 on the tract map, between Avenida Montezuma and the alley, but continue to accommodate pedestrians and bicycle traffic through the closure area; and WHEREAS, proposed closure to motorized vehicular traffic is permissible under Street and Highways Code §21 101(a)(1) and La Quinta City Council Resolution 2000- 99; and WHEREAS, the City Council did hold a duly noticed public hearing at its regular September 19, 2000 City Council meeting, and heard and considered all relevant testimony. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The area closed to motorized vehicular traffic is more particularly described as being that part of Lot G located south of Avenida Montezuma's south right of way line, which is Lots N and 0 on the tract map, where said southerly line projects across Lot G; and located north of the alley's north right of way line, which is Lots Q and R on the tract map, where said northerly line projects across Lot G. The area of closure is sixty feet wide, east to west, and one hundred feet long, north to south, and contains 6,000 square feet. Section 2. The closure area is no longer needed for motorized vehicular traffic and there are sufficient alternative routes in the immediate area to complete access needs of motorists to properties in the area with inconsequential impact. 565 004 Section 3. The public use of the closed area of Avenida Mendoza would be a greater use as a parking lot for the City Museum with a pedestrian access through the area. Section 4. The City Clerk shall file this Resolution for recording by the County Recorder. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 19th day of September, 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 566 005 ATTACHMENTS 567 006 ATTACHMENT 1 ski 54 007 c&4t 4 4Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 19, 2000 CONSENT CALENDAR: Public Hearing on General Plan Amendment 2000- 069, Specific Plan 90-015 Amendment #3, Specific Plan 90-017 Amendment #1, Tract 28838 Amendment #1, Tract 29136 Amendment #1, and Tract 29147 Amendment #2 to Amend General Plan Policy 3-6.3.2 to Require Arterial Streets to Have Sidewalks Only on One Side if a Multi -Purpose Trail is Required on the Other Side of the Street and to Amend the Above Noted Specific Plans and Tracts to Eliminate the Required Sidewalk on the East Side of Madison Street, From North of Airport Boulevard to 58th Avenue. Applicant: Forrest Haag for KSL Development Corporation RECOMMENDATION: STUDY SESSION: PUBLIC HEARING: 3 Adopt a Resolution of the City Council with findings approving General Plan Amendment 2000-069; Adopt a Resolution of the City Council with findings approving Specific Plan 90-015, Amendment #3, subject to conditions; Adopt a Resolution of the City Council with findings approving Specific Plan 90-017, Amendment #1, subject to conditions; Adopt a Resolution of the City Council with findings approving Tract 28838, Amendment #1, subject to conditions; Adopt a Resolution of the City Council with findings approving Tract 29136, Amendment #1, subject to conditions; and Adopt a Resolution of the City Council with findings approving Tract 29147, Amendment #2, subject to conditions; 569 P:\STAN\gpa 2000-0069 et al ksl cc rpt.wpd FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Project History General Plan Policy 3-6.3.2 requires all Arterial and Collector streets have improved sidewalks within the public right-of-way on both sides of the street to encourage walking as a mode of transportation and recreation. General Plan Policy 3-6.4.1 requires a multi -purpose trail system for the eastern portion of the City. The General Plan Parks and Recreation Policy Diagram designates the multi -purpose trail on the east side of Madison Street in this area. The property involved is the expansion area of PGA West on the east side of Madison Street, between the Norman Course (north of Airport Boulevard) and 58th Avenue (Attachment 1). This request pertains to the sidewalk between the perimeter wall and Madison Street curb. The specific plans and tracts noted above are conditioned to install a sidewalk and separate multi -purpose trail on the east side of Madison Street. On the east side of Madison Street, partial parkway improvements have been installed to date. Starting from the north (Norman Course), only the perimeter wall for the Norman Course has been installed to Airport Boulevard. On the south side of Airport Boulevard, adjacent to the Nicklaus Resort Course, the wall, sidewalk, multi -purpose trail, and landscaping have been installed. No improvements have yet been installed adjacent to the Weiskopf Course at the south end. A sidewalk exists on the west side of Madison Street adjacent to the developed areas of PGA West. Specific Plan 90-015 includes a revision in design to the golf maintenance facility (Attachment 2). Site Development Permit 99-653, Amendment #1, which is for this revision was approved by the Planning Commission on August 22, 2000. Environmental Considerations The La Quinta Community Development Department has determined that this request is categorically exempt from the California Environmental Quality Act, pursuant to Section 15301 Class 1(c). Therefore, no environmental review of this request is needed. P:\STAN\gpa 2000-0069 et al ksl cc rpt.wpd Project Request In summary, the intent of the request is to eliminate the sidewalk on the east side of Madison Street, leaving only the multi -purpose trail. The request to eliminate the sidewalk on the east side of Madison Street requires an amendment to the General Plan modifying Policy 3-6.3.2 to state that the sidewalk is not necessary when a multi -purpose trail is required by the General Plan Parks and Recreation Policy Diagram and a sidewalk exists, or will be provided on the opposite side of the street. Public Notice This Tentative Tract Map application was advertised in the Desert Sun newspaper on September 8, 2000. All property owners within 500 feet of the sites involved were mailed a copy of the public hearing notice as required by the La Quinta Charter and Municipal Code. As of this writing, no written comments have been received. Public Agency Review All applicable agency comments received have been made part of the Conditions of Approval for this case. Planning Commission Review The Planning Commission reviewed these requests at its meeting of August 22, 2000. The Commission unanimously adopted Resolutions 2000-054 through 2000-059, recommending approval of the applications, subject to the findings and recommended conditions. The Commission also approved Site Development Permit 66-653, Amendment #1, consisting of the development plans for the revised maintenance facility (Attachment 3). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt Resolutions of the City Council approving General Plan Amendment 2000-069; Specific Plan 90-015, Amendment #3; Specific Plan 90-017, Amendment #1; Tract 28838, Amendment #1; Tract 29136, Amendment #1; and Tract 29147, Amendment #2 , subject to the Findings and Conditions of Approval; or 2. Do not adopt the Resolutions; or 3. Provide staff with alternative direction. 003 571 P:\STAN\gpa 2000-0069 et al ksl cc rpt.wpd Respectfully submitted, t �- eriy Her a Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Specific Plan 90-015, Amendment #3 text (Large for City Council only) 3. Planning Commission minutes for the meeting of August 22, 2000 004 57,2, P:\STAN\gpa 2000-0069 et al ksl cc rpt.wpd RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT MODIFYING SIDEWALK REQUIREMENTS FOR ARTERIAL STREETS CASE NO.: GENERAL PLAN AMENDMENT 2000-069 FORREST HAAG FOR KSL DEVELOPMENT CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 19T" day of September, 2000, hold a duly noticed Public Hearing to consider the request of Forrest Haag for KSL Development Corporation for approval of a General Plan Amendment to policy 3-6.3.2 to require arterial streets to have sidewalks only on one side if a multi -purpose trail is required on the other side of the street; and, WHEREAS, said General Plan Amendment application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has determined that this amendment is exempt per Section 15301, Class 1(C) of CEQA; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22N' day of August, 2000, hold a duly noticed Public Hearing to consider the request and adopted Planning Commission Resolution 2000-054 recommending approval; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval to justify approval of said General Plan Amendment: 1. The proposed General Plan Amendment is internally consistent with the goals, objectives, and policies of the General Plan not being amended in that the General Plan Amendment will still require a multi -purpose trail to provide a travel way for pedestrians, equestrian use, etc., and meet the intent of the Circulation Element. 2. Approval of the General Plan Amendment will not create conditions materially detrimental to the public health, safety, and general welfare in that the resulting multi -purpose trail will provide a travel way for pedestrians, equestrian use, etc. 005 5 73 p:\stan\gpa 2000-069 cc res.wpd Resolution 2000- General Plan Amendment 2000-069 September 19, 2000 3. The General Plan Amendment is compatible with adjacent properties in that the multi -purpose trail per the General Plan Parks and Recreation Policy Diagram can be extended to the north and west to provide -the desired connection between 50T"Avenue and Lake Cahuilla for access to the trails west and south of the lake. 4. The General Plan Amendment is suitable and appropriate for all arterial streets designated for equestrian trails and sidewalks. 5. Approval of the General Plan Amendment is warranted because the situation and general conditions will remain the same in that the multi -purpose trail replaces the sidewalk on one side of the street while the sidewalks remains on the opposite side of the street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does approve General Plan Amendment 2000-069 for the reasons set forth in this Resolution as follows: General Plan Policy 3-6.3.2: "All arterial and collector streets shall have improved sidewalks within the public street rights -of -way and landscape lot setbacks. A sidewalk is not required when a multi -purpose trail is specified on the General Plan Parks and Recreation Policy Diagram and a sidewalk exists or will be constructed on the opposite side of the street." PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 19T" day of September, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 006 574 p:\stan\gpa 2000-069 cc res.wpd Resolution 2000- General Plan Amendment 2000-069 September 19, 2000 JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California p:\stan\gpa 2000-069 cc res.wpd RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO THE NORMAN COURSE SPECIFIC PLAN REGARDING THE REMOVAL OF SIDEWALKS ON THE EAST SIDE OF MADISON STREET AND REDESIGN OF THE MAINTENANCE FACILITY CASE NO.: SPECIFIC PLAN 90-015, AMENDMENT #3 FORREST HAAG FOR KSL DEVELOPMENT CORPORATION WHEREAS, the City Council of the City of La Quinta did on the 19T" day of September, 2000, hold duly a noticed public hearing to consider the request of FORREST HAAG, ALSA for KSL Development Corporation for approval of Amendment #3 to Specific Plan 90-015 to delete the requirement for a sidewalk on Madison Street north of Airport Boulevard and other minor revisions, more particularly described as: Tract 29136 WHEREAS, said Specific Plan Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the La Quinta Community Development Department has determined that this project is exempt per Section 15301, Class 1(C) of CEQA. An Environmental Impact Report (EA 90-159 for SP 90-015) was certified on December 3, 1991, by the City Council. An Environmental Assessment addendum to the previously approved environmental impact report was completed for Amendment #1 which was approved by the City Council on December 1, 1998. No changed circumstances or conditions exist which would trigger the preparation of a subsequent environmental impact report or environmental review pursuant to Public Resources Code Section 21 166; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22ND day of August, 2000, hold a duly noticed Public Hearing to consider the request and adopted Planning Commission Resolution 2000-055 recommending approval; and, 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 approval of the Specific Plan Amendment: 1. The proposed Specific Plan Amendment is consistent with the goals and policies of the La Quinta General Plan in that the residential and related recreational uses) l s proposed are consistent with use of the site as stipulated in the General Plan. P:\STAN\sp 90-015 amend 3 cc res.wpd 008 Resolution 2000- Specific Plan 90-015, Amendment #3 September 19, 2000 2. The Specific Plan Amendment will not create conditions materially detrimental to the public health, safety, and general welfare in that the multi -purpose trail will provide access in place of the sidewalk. 3. The Specific Plan Amendment will provide land use compatibility with zoning on adjacent properties in that the resulting residential and recreational uses are compatible with the adjacent zoning. 4. The Specific Plan Amendment is suitable and appropriate for the property in that the amendment strives to implement the golf and residential intent of the zoning and General Plan land use designation. 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 confirm the conclusion of the La Quinta Community Development Department that the project needs no further environmental assessment. 3. That it does hereby approve the above -described amendment request for the reasons set forth in this Resolution, subject to the attached conditions, labeled Exhibit "A". PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City council held on this 19T" day of September, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 00-9 577 P:\STAN\sp 90-015 amend 3 cc res.wpd Resolution 2000- Specific Plan 90-015, Amendment #3 September 19, 2000 ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California 55 010 P:\STAN\sp 90-015 amend 3 cc res.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 90-015, AMENDMENT 43 FORREST HAAG FOR KSL DEVELOPMENT CORPORATION SEPTEMBER 19, 2000 CONDITIONS OF APPROVAL EXHIBIT "A" GENERAL 1. Specific Plan 90-015, Amendment #3 shall comply with the requirements and standards of the La Quinta Municipal Code and all other applicable laws, unless modified by the following conditions. 2. The approved Specific Plan text on file in the Community Development Department, shall be revised to incorporate in the appropriate chapter and section the following conditions, with final texts (4) submitted to the Community Development Department within 30 days of final approval by the City Council. 3. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of 'any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel at its sole discretion. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 4. Condition #45 of Resolution 99-1 12 for Specific Plan 90-015, Amendment #2 is hereby amended as follows: A six foot wide meandering sidewalk shall be constructed in the northerly and westerly parkway and landscaped setback lots of Airport Boulevard and Monroe Street, respectively. On the east side of Madison Street, a multi -purpose trail for pedestrians, horses, etc, shall be provided. 011. 573 p:\stan\sp 90-015 am 3 cc coa.wpd RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING OF AN AMENDMENT TO THE WEISKOPF COURSE SPECIFIC PLAN REGARDING THE REMOVAL OF SIDEWALKS ON THE EAST SIDE OF MADISON STREET CASE NO.: SPECIFIC PLAN 90-017, AMENDMENT #1 FORREST HAAG FOR KSL DEVELOPMENT CORPORATION WHEREAS, the City Council of the City of La Quinta did on the 19T" day of September, 2000, hold duly a noticed public hearing to consider the request of FORREST HAAG, ALSA for KSL Development Corporation for approval of Amendment #1 to Specific Plan 90-017 to delete the requirement for a sidewalk on Madison Street north of Avenue 58, more particularly described as: Tract 29147 WHEREAS, said Specific Plan Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act (CEQA) of 1970" as amended (Resolution 83-68), in that the La Quinta Community Development Department has determined that this project is exempt per Section 15301, Class 1(C) of CEQA. An Environmental Impact Report (EA 90-161 for SP 90- 017) was certified on December 3, 1991, by the City Council. No changed circumstances or conditions exist which would trigger the preparation of a subsequent environmental impact report or environmental review pursuant to Public Resources Code Section 21 166; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22ND day of August, 2000, hold a duly noticed Public Hearing to consider the request and adopted Planning Commission Resolution 2000-056 recommending approval; and, 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 approval of the Specific Plan Amendment: 1 . The proposed Specific Plan Amendment is consistent with the goals and policies of the La Quinta General Plan in that the residential and related recreational uses proposed are consistent with use of the site as stipulated in the General Plan. 012 5s0 P:\STAN\sp 90-017 amend 1 cc res.wpd Resolution 2000- Specific Plan 90-017, Amendment #1 September 19, 2000 2. The Specific Plan Amendment will not create conditions materially detrimental to the public health, safety, and general welfare in that the multi -purpose trail will provide access in place of the sidewalk. 3. The Specific Plan Amendment will provide land use compatibility with zoning on adjacent properties in that the resulting residential and recreational uses are compatible with the adjacent zoning. 4. The Specific Plan Amendment is suitable and appropriate for the property in that the amendment strives to implement the golf and residential intent of the zoning and General Plan land use designation. 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 confirm the conclusion of the La Quinta Community Development Department that the project needs no further environmental assessment. 3. That it does hereby approve the above -described amendment request for the reasons set forth in this Resolution, subject to the attached conditions, labeled Exhibit "A". PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 197H day of September, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 013 581 P:\STAN\sp 90-017 amend 1 cc res.wpd Resolution 2000- Specific Plan 90-017, Amendment #1 September 19, 2000 ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California P:\STAN\sp 90-017 amend 1 cc res.wpd 014 582 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 90-017, AMENDMENT #1 FORREST HAAG FOR KSL DEVELOPMENT CORPORATION SEPTEMBER 19, 2000 CONDITIONS OF APPROVAL EXHIBIT "A" GENERAL 1. Specific Plan 90-017, Amendment #1 shall comply with the requirements and standards of the La Quinta Municipal Code and all other applicable laws, unless modified by the following conditions. 2. The approved Specific Plan text on file in the Community Development Department, shall be revised to incorporate in the appropriate chapter and section the following conditions, with final texts (4) submitted to the Community Development Department within 30 days of final approval by the City Council. 3. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel at its sole discretion. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 4. Condition #40 of Resolution 98-030 for Specific Plan 90-017, (second annual review) is hereby amended as follows: A six foot wide meandering sidewalk shall be constructed in the northerly and westerly parkway and landscaped setback lots of 58T" Avenue and Madison Street, respectively. On the east side of Madison Street multi- purpose trail for pedestrians, horses, etc, shall be provided. 015 p:\stan\sp 90-017 am 1 cc coa.wpd 583 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO THE CONDITION OF APPROVAL #33 DELETING THE REQUIREMENT FOR A SIDEWALK ON MADISON STREET CASE NO.: TRACT 28838 AMENDMENT #1 APPLICANT: FORREST HAAG FOR KSL DEVELOPMENT CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 19Th day of September, 2000, hold a duly noticed Public Hearing to consider the request of FORREST HAAG for KSL Development Corporation for an amendment to the conditions of approval for Tract 28838 to eliminate the required sidewalk on the east side of Madison Street, south of Airport Boulevard and provide a multi -purpose trail, more particularly described as: NW QUARTER & SW QUARTER OF SECTION 22, T.6S, R.7E, S.B.M. WHEREAS, said Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The La Quinta Community Development Department has determined that Tract 28838 is within Specific Plans 83-002 and 90-017 and is exempt from the California Environmental Quality Act of 1970, as amended, per Public Resources Code Section 65457 (a). Environmental Impact Reports (State Clearing house 83062922 and 90020727) were certified in 1984 and 1991, respectively, by the City Council. No changed circumstances or conditions exist which would trigger the preparation of a subsequent Environmental Impact Report or environmental review pursuant to Public Resources Code Section 21 166; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22ND day of August, 2000, hold a duly noticed Public Hearing to consider the request and adopted Planning Commission Resolution 2000-057 recommending approval; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval to justify approval of said amendment to Tract 28838: 1. The proposed amendment to the map and its design is consistent with the General Plan and applicable Specific Plan in that the resulting prevision of a multi -purpose will replace the sidewalk and will and provide access for pedestrian and equestrian use. 016 584 p:\stan\ tt 28838 amend 1 cc res.wpd Resolution 2000- Tract 28838, Amendment #1 September 19, 2000 2. The design of the subdivision and the amendment thereto, and proposed improvements are not likely to cause environmental damage or substantially and avoidably injure fish, or wildlife, or cause serious public health problems since the project is primarily surrounded by development, or other urban improvements, and mitigation is required by the previous Environmental Impact Reports. 3. The design of the proposed amendment will not conflict with easements acquired by the public at large, for access through, or use of, property within the proposed Map since the multi -purpose trail will provide use by pedestrians, bicyclists, and horse riders, etc. WHEREAS, in the review of this amendment to the Tract, the City Council has considered the effect of the contemplated action on housing needs of the region for purposes of balancing those needs against the public service needs of the residents of the City of La Quinta and its environs with available fiscal and environmental resources; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby approve Amendment #1 to Tract 28838 for the reasons set forth in this Resolution and subject to the attached conditions, labeled Exhibit „A„ PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 19" day of September, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 01'7 p:\stan\ tt 28838 amend 1 cc res.wpd 585 Resolution 2000- Tract 28838, Amendment #1 September 19, 2000 ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California O1$1. 58f p:\stan\ tt 28838 amend 1 cc res.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TRACT 28838, AMENDMENT #1 FORREST HAAG FOR KSL DEVELOPMENT CORPORATION SEPTEMBER 19, 2000 CONDITIONS OF APPROVAL EXHIBIT "A" GENERAL 1. Tract 28838, Amendment #1 shall comply with the requirements and standards of the La Quinta Municipal Code and all other applicable laws, unless modified by the following conditions. 2. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel at its sole discretion. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 3. Condition #33 AM of Resolution 98-78 for Tract 28838 is hereby amended to delete the requirement for a six foot wide meandering sidewalk on Madison Street. 4. Condition #33 C of Resolution 98-78 for Tract 28838 is hereby amended as follows: On the east side of Madison Street, a trail shall be installed and function as a multi -purpose trail for pedestrians, horses, etc, as approved by the City. Signs identifying the trail as a multi -purpose (pedestrians, horses) shall be posted along the trail at the time of installation of the trail, to the satisfaction of the City. 019 p:\stan\tt 28838 am 1 cc coa.wpd 587 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO THE CONDITIONS OF APPROVAL #43 (A)1 DELETING THE REQUIREMENT FOR A SIDEWALK ON MADISON STREET CASE NO.: TRACT 29136 AMENDMENT #1 APPLICANT: FORREST HAAG FOR KSL DEVELOPMENT CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 19T" day of September, 2000, hold a duly noticed Public Hearing to consider the request of FORREST HAAG for KSL Development Corporation for an amendment to the conditions of approval for Tract 29136 to eliminate the required sidewalk on the east side of Madison Street, north of Airport Boulevard and provide a multi -purpose trail, more particularly described as: PORTIONS OF THE SE QUARTER OF SECTION 15, T.6S, R.7E, S.B.M. WHEREAS, said Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The La Quinta Community Development Department has determined that Tract 29136 is within Specific Plan 90-015 and is exempt from the California Environmental Quality Act of 1970, as amended, per Public Resources Code Section 65457 (a). An environmental impact report (EA 90-159 for SP 90-015) was certified on December 3, 1991, by the City Council. An Environmental Assessment Addendum to the previously approved environmental impact report was completed for Amendment #1 which was approved by the by the City Council on December 1, 1998. No changed circumstances or conditions exist which would trigger the preparation of a subsequent environmental impact report or environmental review pursuant to Public Resources Code Section 21 166; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22ND day of August, 2000, hold a duly noticed Public Hearing to consider the request and adopted Planning Commission Resolution 2000-058 recommending approval; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested 'persons wanting to be heard, said City Council did make the following mandatory findings of approval to justify approval of said amendment to Tract 29136: 1. The proposed amendment to the map and its design is consistent with the General Plan and applicable Specific Plan in that the resulting prevision of a 583 020. p:\stan\ tt 29136 amend 1 cc res.wpd Resolution 2000- Tract 29136, Amendment #1 September 19, 2000 multi -purpose will replace the sidewalk and will and provide access for pedestrian and equestrian use. 2. The design of the subdivision and the amendment thereto, and proposed improvements are not likely to cause environmental damage or substantially and avoidably injure fish, or wildlife, or cause serious public health problems since the project is primarily surrounded by development, or other urban improvements, and mitigation is required by the previous Environmental Impact Report and Mitigated Negative Declaration. 3. The design of the proposed amendment to the map will not conflict with easements acquired by the public at large, for access through, or use of, property within the proposed Map since the multi -purpose trail will provide use by pedestrians, and horse riders, etc. WHEREAS, in the review of this amendment to the Tract, the City Council has considered the effect of the contemplated action on housing needs of the region for purposes of balancing those needs against the public service needs of the residents of the City of La Quinta and its environs with available fiscal and environmental resources; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby approve Amendment #1 to Tract 29136 for the reasons set forth in this Resolution and subject to the attached conditions, labeled Exhibit „A„ PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 19T" day of September, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: p:\stan\ tt 29136 amend 1 cc res.wpd Resolution 2000- Tract 29136, Amendment #1 September 19, 2000 JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California 02?_ 5j0 p:\stan\ tt 29136 amend 1 cc res.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TRACT 29136, AMENDMENT #1 FORREST HAAG FOR KSL DEVELOPMENT CORPORATION SEPTEMBER 19, 2000 CONDITIONS OF APPROVAL EXHIBIT "A" GENERAL 1. Tract 29136, Amendment #1 shall comply with the requirements and standards of the La Quinta Municipal Code and all other applicable laws, unless modified by the following conditions. 2. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel at its sole discretion. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 3. Condition #43 AM of Resolution 99-65 for Tract 29136 is hereby amended to delete the requirement for a six foot wide meandering sidewalk on Madison Street. 4. On the east side of Madison Street, a trail shall be installed and function as a multi -purpose trail for pedestrians, horses, etc, as approved by the City. Signs identifying the trail as a multi -purpose ( pedestrians, horses) shall be posted along the trail at the time of installation of the trail, to the satisfaction of the City. 023 591 p:\stan\tt 29136 am 1 cc coa.wpd RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO CONDITION OF APPROVAL #74 DELETING THE REQUIREMENT FOR A SIDEWALK ON MADISON STREET CASE NO.: TRACT 29147 AMENDMENT #2 APPLICANT: FORREST HAAG FOR KSL DEVELOPMENT CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 19T" day of September, 2000, hold a duly noticed Public Hearing to consider the request of FORREST HAAG for KSL Development Corporation for an amendment to the conditions of approval for Tract 29147 to eliminate the required sidewalk on the east side of Madison Street, north of 58T" Avenue and provide a multi -purpose trail, more particularly described as: SOUTHWEST QUARTER OF SECTION 22, T.6S, R.7E, S.B.M. WHEREAS, said Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The La Quinta Community Development Department has determined that Tract 29136 is within Specific Plans 83-002 and 90-017 and is exempt from the California Environmental Quality Act of 1970, as amended, per Public Resources Code Section 65457 (a). An environmental impact report (State Clearinghouse Numbers 83062922 and 90020727) was certified in 1984 and 1991, respectively, by the City Council. No changed circumstances or conditions exist which would trigger the preparation of a subsequent environmental impact report or environmental review pursuant to Public Resources Code Section 21 166; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22ND day of August, 2000, hold a duly noticed Public Hearing to consider the request and adopted Planning Commission Resolution 2000-059 recommending approval; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval to justify approval of said amendment to Tract 29147: 1. The proposed amendment to the map and its design is consistent with the General Plan and applicable Specific Plan in that the resulting prevision of a multi -purpose will replace the sidewalk and will and provide access for pedestrian and equestrian use. 024 592 p:\stan\ tt 29147 amend 2 cc res.wpd Resolution 2000- Tract 29147, Amendment #2 September 19, 2000 2. The design of the subdivision and the amendment thereto, and proposed improvements are not likely to cause environmental damage or substantially and avoidably injure fish, or wildlife, or cause serious public health problems since the project is primarily surrounded by development, or other urban improvements, and mitigation is required by the previous Environmental Impact Report and Mitigated Negative Declaration. 3. The design of the proposed amendment to the map will not conflict with easements acquired by the public at large, for access through, or use of, property within the proposed Map since the multi -purpose trail will provide use by pedestrians,. and horse riders, etc.. WHEREAS, in the review of this amendment to the Tract, the City Council has considered the effect of the contemplated action on housing needs of the region for purposes of balancing those needs against the public service needs of the residents of the City of La Quinta and its environs with available fiscal and environmental resources; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby approve Amendment #2 to Tract 29147 for the reasons set forth in this Resolution and subject to the attached conditions, labeled Exhibit PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 19Th day of September, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PEIVA, Mayor City of La Quinta, California p:\stan\ tt 29147 amend 2 cc res.wpd 025 593 Resolution 2000- Tract 29147, Amendment #2 September 19, 2000 ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California )2.1r) p:\stan\ tt 29147 amend 2 cc res.wpd 594 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TRACT 29147, AMENDMENT #2 FORREST HAAG FOR KSL DEVELOPMENT CORPORATION SEPTEMBER 19, 2000 CONDITIONS OF APPROVAL EXHIBIT "A" GENERAL 1 . Tract 29147, Amendment #2 shall comply with the requirements and standards of the La Quinta Municipal Code and all other applicable laws, unless modified by the following conditions. 2. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel at its sole discretion. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 3. Condition #74 of Resolution 99-158 for Tract 29147, Amendment #1, is hereby amended as follows: On the east side of Madison Street, a trail shall be installed and function as a multi -purpose trail for pedestrians, horses, etc, as approved by the City. Signs identifying the trail as a multi -purpose (pedestrians, horses) shall be posted along the trail at the time of installation of the trail, to the satisfaction of the City. 027595 p:\stan\tt 29147 am 2 cc coa.wpd ATTACHMENT 1 CASE No. CASE MAP GPA 2000-069. ET AL KSL DEVEL. CORP. r NORTH SCALE: NTS 029 1596 ATTACHMENT 3 Planning Commission Minutes August 22, 2000 C. General Plan Amendment 2000-069 Specific Plan 90-015 Amendment #3. Specific Plan 90-017 Amendment #1. Tract 28838 Amendment #1 Tract 29136 Amendment #1 and Tract 29147 Amendment #2; a request of KSL Development Corporation/Forrest Haag 1.) to amend the General Plan Policy 3-6.3.2 to require Arterial streets to have sidewalks only on one side if a multi -purpose trail is' required on the other side of the street; and 2.) To amend the above -noted specific plans and tracts to eliminate the required sidewalk on the east side of Madison Street for the property located on the east side of Madison Street, north of Airport Boulevard to 581h Avenue. 1. Chairman Robbins 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 Robbins asked if there were any questions of staff. Commissioner Kirk commended the applicant on his presentation. 3. Chairman Robbins asked if the applicant would like to address the Commission. Mr. Forrest Haag, representing KSL, stated he had no questions. 4. Chairman Robins asked if there was any liability regarding horses and people on the same path. Staff stated Council recommended it be multi -purpose and not exclusively an equestrian trail. 5. 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. 6. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2000-054 recommending approval of General Plan Amendment 2000-069. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. 034 597 C:\My Documents\WPDOCS\PC8-22-OO.wpd Planning Commission Minutes August 22, 2000 7. It was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 2000-055 recommending approval of Specific Plan 90-015, Amendment #3, subject to the Findings and Conditions of Approval as submitted. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. 8. It was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2000-056 recommending approval of Specific Plan 90-017, Amendment #3, subject to the Findings and Conditions of Approval as submitted. ROLL CALL: AYES: Commissioners Chairman 'Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. 9. It was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 2000-057 recommending approval of Tract 28838, Amendment #1, subject to the Findings and Conditions of Approval as submitted. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, . Kirk, Tyler, and NOES: None. ABSENT: None. 10. It was moved and seconded by Commissioners Abels/Kirk to adopt Planning Commission Resolution 2000-058 recommending approval of Tract 29136, Amendment #1, subject to the Findings and Conditions of Approval as submitted. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. 11. It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2000-059 recommending approval of Tract 29147, Amendment #2, subject to the Findings and Conditions of Approval as submitted. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. 598 ABSTAIN: None. 031. P T-it4t 4 stPQu;Mrw MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL %0 FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR / DATE: SEPTEMBER 19, 2000 U SUBJECT: AGENDA ITEM - PUBLIC HEARING #3 - 53-125 AVENIDA RUBIO Attached are the pictures referred to in the staff report for the Avenida Rubio house that is being sold to Mr. & Mrs. Juan Munoz. They were inadvertently omitted from the staff report. 599 53-125 Avenida Rubio — Before Rehabilitation 53-125 Avenida Rubio — After Rehabilitation 6 v N c rn `- '- O c O c'' v p a o aLi o 0 yI 7= U j Q3 N N L U Q +_+ i U 7 � a) G v O U V)� U_ c0 L Q o 0 O o -o C 3 N 3 v 0) �� a c a� o >� v L a d c a U O 'a d ^� X p C Q) c _N — O -0-0 o U C N L V o1 a uvi Vi 1 U C y = T- U 0 L Cl v L U U v vai.� 3_ o '� rn a v a (U 41 - w a a CL a a a z ce w z (V z0 Z-v ZU_0 z z af o zE z V! mrn v v1I- < r• W a a O O • • — � O O O �_ -� •_ O O m< ,= Ln N N O r O M _ Ln .w O� 4- 0 V 601 T4'yl 4 4 Q" COUNCIL/RDA MEETING DATE: September 19, 2000 Public Hearing to Consider an Agreement to Sell Agency Property Located at 77-224 Calle Ensenada by and Between the La Quinta Redevelopment Agency and Thomas Buffin RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 4 Adopt a Resolution of the City Council approving the sale of the property located at 77- 224 Calle Ensenada between the La Quinta Redevelopment Agency and Thomas Buffin for $20,000 for the development of a single family residential unit for a moderate income household. FISCAL IMPLICATIONS: The sale would result in the following fiscal impacts: Sale Proceeds: The Agency will receive approximately $20,000 in cash proceeds from this transaction less closing costs. Sale proceeds will be credited back to the Agency's Low and Moderate Income Housing Fund. CHARTER CITY IMPLICATIONS: None. BACKGROUND: In April 2000, the developer, Thomas Buffin approached the Agency with the desire to purchase the property commonly known as 77-224 Calle Ensenada for the development of a single family housing unit and subsequent occupancy as a primary residence by a household meeting certain income qualifications all in conformance with Section 33334.2 of the Health and Safety Code. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council approving the sale of the property located at 77-224 Calle Ensenada between the La Quinta Redevelopment Agency and Thomas Buffin for $20,000 for the development of a single family residential unit for a moderate income household; or 602 C:\Mv Documents\WPDOCS\ccihEnsenadasale.wod 2. Do not adopt a Resolution of the City Council approving the sale of the property located at 77-224 Calle Ensenada between the La Quinta Redevelopment Agency and Thomas Buffin for $20,000 for the development of a single family residential unit for a moderate income household; or 3. Provide staff with an alternative direction. Respectfully submi Jerry Herman Community Develop ent Director Attachment: 1 . Summary Report and Agreement Approved for submission by: Thomas P. Genovese, City Manager ,1 1 CAW Documents\WPDOCS\ccihEnsenadasale.wod 603 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE LA QUINTA, CALIFORNIA APPROVING AN AGREEMENT BY AND BETWEEN THE AGENCY AND THOMAS BUFFIN TO SELL REAL PROPERTY LOCATED WITHIN REDEVELOPMENT PROJECT AREA NO 1 WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law ("Health & Safety Code § 33000 et seq.) ("CRL"); and WHEREAS, pursuant to the CRL, the Agency and the City Council of the City of La Quinta ("City" or "City Council," as applicable) previously approved and adopted the Redevelopment Plan, as amended ("Redevelopment Plan") for Project Area No. 1 ("Project Area"); and WHEREAS, the Agency is required pursuant to Health and Safety Code Section 33334.2 et seq. to expend monies in its Low and Moderate Income Housing Fund to increase, improve, and preserve affordable housing in or serving the Project Area; and WHEREAS, the Agency now proposes to enter into an Agreement ("Agreement") with Thomas Buffin to sell an Agency owned undeveloped lot located at 77-224 Calle Ensenada ("Property"); and WHEREAS, before the Agency may dispose of real property, acquired with tax increment funds, for development the Agency and City Council must hold a duly noticed joint Public Hearing on the proposed disposition; and WHEREAS, notice of a joint Public Hearing of the Agency and City Council concerning the Agreement and the proposed conveyance described in the Agreement was given in accordance with the requirements of Health & Safety Code Section 33433; and WHEREAS, the Agency also timely prepared and made available for public review a Summary Report of the proposed transaction in accordance with Health & Safety Code Section 33433; and WHEREAS, all action required of the Agency to be taken precedent to review and consideration of the Agreement by the Agency have been taken in accordance with applicable law; riA C:\My Documents\WPDOCS\CCResoEnsenadalotB.wpd 604 Resolution 2000- Thomas Buffin-Calle Ensenada September 19, 2000 NOW, THEREFORE, the City Council of the City of La Quinta, California hereby resolves as follows: 1. The City Council finds and determines: A. That the sale of the Property as set forth in the Agreement, and the terms of the Agreement, will provide housing for a moderate income family as defined in California law. B. That the sale of the Property as set forth in the Agreement, and the terms of the Agreement, are consistent with the Agency's adopted Second Five -Year Implementation Plan for Project Area No. 1, adopted by the Agency in accordance with Health and Safety Code Section 33490, in that (i) the goals and objectives set forth in the Implementation Plan include increasing and improving the community's supply of affordable housing, and (ii) the sale of the Property is specifically identified as one of the Agency's housing programs to be undertaken in the time period covered by the Implementation Plan. C. That the highest and best use of the Property in accordance with the Redevelopment Plan is the sale of the Property and that the cost to be paid to the Agency is not less than the fair market value at its highest and best use in accordance with the Redevelopment Plan, based on the real property appraisal dated July 31, 2000, as set forth in the Agency's Summary Report for the Agreement and the transaction described in the Agreement, prepared in accordance with Health and Safety Code Section 33433, which Summary Report, a copy of which is on file with the Agency Secretary, is incorporated herein by reference as though fully set forth. D. That the Agency is further authorized under Health and Safety Code Section 33449 which grants the Agency authority to sell Property in order to provide housing for persons of low and moderate income, and thus the Agency's expenditures to rehabilitate the Property, is necessary and proper for the development of the Property as an affordable housing project. 2. The Agreement, between the Agency and Thomas Buffin, a copy of which is on file with the City Clerk, is hereby approved. 11F C:\My Documents\WPDOCS\CCResoEnsenadalotB.wpd 605 Resolution 2000- Thomas Buffin-Calle Ensenada September 19, 2000 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of La Quinta, California held on this 19th day of September, 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 005 CAMy Documents\WPDOCS\CCResoEnsenadalotB.wpd 606 ATTACHMENT 1 SUMMARY REPORT FOR THE PROPOSED SALE AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THOMAS BUFFIN AUGUST 23, 2000 INTRODUCTION This document is the Summary Report ("Report") for a proposed property sale between the La Quinta Redevelopment Agency ("Agency") and Thomas Buffin ("Buyer"). The purpose of the Purchase and Sale Agreement ("Agreement") is to facilitate the sale by the Agency for the development of a single-family dwelling. This Report has been prepared pursuant to Section 33433 of the California Health and Safety Code ("California Community Redevelopment Law") and presents the following: A summary of the proposed transaction. The cost of the sale to the Agency. The estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the Agency's Redevelopment Plan. The estimated value to be conveyed, determined by the use and with the conditions, covenants, and development costs required by the Agreement. An explanation of why the Property, pursuant to the Agreement, will assist in the elimination of blight. SUBJECT PROPERTY The subject property ("Property") is a vacant lot located at 77-224 Calle Ensenada within La Quinta Redevelopment Project Area No. 1. THE TRANSACTIONS PROVIDED FOR BY THE AGREEMENT The Agreement will facilitate the sale of the Property to the Buyer, who will subsequently develop a single family dwelling unit on the property. The sales price is $ 20, 000. CAMy Documents\WPDOCS\SumRptEnsenada.wpd 1 n07 607 History of Property In April 2000, the developer, Thomas Buffin, approached the Agency with the desire to purchase the property commonly known as 77,224 Calle Ensenada for the development of a single family housing unit and subsequent occupancy as a primary residence by a household meeting certain income qualifications all in conformance with Section 33334.2 of the Health and Safety Code. The Cost of the Sale to the Agency To date, the Agency has a total of approximately $56,000 invested in the Property. The initial sales contract with the Buyer provided for a purchase price of $20,000 Under this proposed transaction, the Agency's investment will be treated as follows: Total Agency Investment: $56,000 Buyer Purchase Price: $20,000 Unfunded Agency Investment: $36,000 Estimated Value of the Interest to be Conveyed, Determined at the Highest and Best Uses Permitted by the Agency's Redevelopment Plan The Redevelopment Plan for La Quinta Redevelopment Project No. 1 provides that the Property shall be used for low -density residential development. The Agency's consultant commissioned a real property appraisal to determine the current market value of a typical Agency owned rental property. The appraisal, dated July 31, 2000, indicated a current fair market value of $20,000. Estimated Value of the Interest to be Conveyed, Determined at the Use With the Conditions, Covenants, and Development Costs Required by the Agreement The Agreement provides that the Property will be sold at $20,000, which reflects a price not less than the fair market value. Explanation of Why the Sale of the Property Pursuant to the Agreement will Assist in the Elimination of Blight The Agreement provides for the sale of the Property and the recordation of affordability covenants that will insure its continued affordability to a moderate -income household for 30 years. Thus, the transaction will insure the continued affordability of a single-family dwelling to a moderate -income household. 008 608 • a L a G a L m m CAL LE YUCglgN J� c �o r z N a L O r LL HID L00 a NN = a .GNP a L a r L E SI m0A a N o ' Z v � R ¢ o a m z O Q H N Z p 6 O I-i Z H O a W L CA LE 0 RANGO L CAL 0U NCO o Z y 2 O 9 ' LE S0 RAW = 2 y o ¢ a ¢ < 0 z W 0 z W 0 z W 0 Z iy r ENS NAOA YA a a a a z O 0 C7 z 0 z 0 z 0 6 a a a a % m a a CALL NOG LES o z a NORTH o w a W ALLE¢ > HIHU HUA Q•�l/ • " L Z H O a a `EY ALI NONI m LLI 3. a N m U � Q CALLE C LIMA Q LL/ a N c 0 H m ry a < of c Q � O o ¢ o a LLE A rKBA w o w w ¢ ¢ ¢ GDT-DYNAMAP 009 LOCATION MAP 609 9 T4t�t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 19, 20000 CONSENT CALENDAR: STUDY SESSION: Joint Public Hearing of the City Council and PUBLIC HEARING: 'Jr Redevelopment Agency Regarding an Agreement to Sell Real Property Located at 53-125 Avenida Rubio By and Between the La Quinta Redevelopment Agency and Juan and Adriana Munoz. RECOMMENDATION: Adopt a Resolution of the City Council approving the sale of 53-125 Avenida Rubio to create an additional affordable housing unit in Project Area No. 1 for a purchase price of $120,000. FISCAL IMPLICATIONS: The Agreement would result in the following fiscal impacts: Resale Proceeds. The Agency will receive approximately $100,300 in cash proceeds from this transaction generated by the new mortgage loan and down payment less closing costs. A new second trust deed of $13,000 will be placed on the property in favor of the Agency. Property Rehabilitation Costs. Property rehabilitation costs totaled $70,309 and were funded through the Fiscal Year 1999-2000 Budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In June, 1998, the Agency acquired this property through its Acquisition/ Refurbishment/Resale Program to upgrade dilapidated, vacant homes to a condition that would not be detrimental to surrounding properties. The Agency purchased this property for $60,500 and expended $70,309 to rehabilitate the property. The renovations were completed in April 2000, and the property was made available for sale as an affordable unit. The attached photographs show the property before and after its renovation. An appraisal to determine the current market value was prepared on August 17, 2000, and established a fair market value after rehabilitation of $120, 000. 610 C:\Mv Documents\WPDOCS\ccih RubioStfRot.doc Property Resale. The sale transaction is structured as other Agency affordable housing projects, wherein the existing Agency -funded silent second trust deed would cover the difference between the market sales price and an affordable first trust deed mortgage. The proposed purchaser qualifies in the moderate income category. If the Agency authorizes the sale of this unit for the market value of $120,000, the buyer will make a down payment of 3% of the purchase price and obtain a $103,400 mortgage (the maximum loan they can obtain). The Agency would convert $13,000 of its existing equity in the property into a second trust deed loan. The attached Summary Report (Attachment 1) provides further details on the transaction. This unit has been substantially rehabilitated and therefore, can be counted toward the Agency's inclusionary housing requirement. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the sale of 53-125 Avenida Rubio to create an additional affordable housing unit in Project Area No. 1 for a purchase price of $120,000; or 2. Deny the request to sell this property and maintain it as a rental unit; or 3. Provide staff with an alternative direction. Respectfully submitted, ferry merman I Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Summary Report 002 C:\Mv Documents\WPDOCS\ccih RubioStfRot.doc 611 RESOLUTION 2000- A RESOLUTION OF THE LA QUINTA CITY COUNCIL APPROVING AN AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND JUAN AND ADRIANA MUNOZ TO SELL REAL PROPERTY LOCATED WITHIN REDEVELOPMENT PROJECT AREA NO 1 WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law ("Health & Safety Code § 33000 et seq.) ("CRL"); and WHEREAS, pursuant to the CRL, the Agency and the City Council of the City of La Quinta ("City" or "City Council," as applicable) previously approved and adopted the Redevelopment Plan, as amended ("Redevelopment Plan") for Project Area No. 1 ("Project Area"); and WHEREAS, the Agency is required pursuant to Health and Safety Code Section 33334.2 et seq. to expend monies in its Low and Moderate Income Housing Fund to increase, improve, and preserve affordable housing in or serving the Project Area; and WHEREAS, the Agency now proposes to enter into an Agreement ("Agreement") with Juan and Adriana Munoz to sell an Agency owned single family house located at 53-125 Avenida Rubio ("Property"); and WHEREAS, before the Agency may dispose of real property, acquired with tax increment funds, for development the Agency and City Council must hold a duly noticed joint Public Hearing on the proposed disposition; and WHEREAS, notice of a joint Public Hearing of the Agency and City Council concerning the Agreement and the proposed conveyance described in the Agreement was given in accordance with the requirements of Health & Safety Code Section 33433; and WHEREAS, the Agency also timely prepared and made available for public review a Summary Report of the proposed transaction in accordance with Health & Safety Code Section 33433; and WHEREAS, all action required of the Agency to be taken precedent to review and consideration of the Agreement by the Agency have been taken in accordance with applicable law; 003 C:\My Documents\WPDOCS\CCResoRubiosale.wpd Resolution 2000- Juan & Adriana Munoz August 1, 2000 NOW, THEREFORE, the City Council of the City of La Quinta, California hereby resolves as follows: 1. The City Council finds and determines: A. That the sale of the Property as set forth in the Agreement, and the terms of the Agreement, will provide housing for a moderate income family as defined in California law. B. That the sale of the Property as set forth in the Agreement, and the terms of the Agreement, are consistent with the Agency's adopted Second Five -Year Implementation for Plan Project Area No. 1, adopted by the Agency in accordance with Health and Safety Code Section 33490, in that (i) the goals and objectives set forth in the Implementation Plan include increasing and improving the community's supply of affordable housing, and (ii) the sale of the Property is specifically identified as one of the Agency's housing programs to be undertaken in the time period covered by the Implementation Plan. C. That the highest and best use of the Property in accordance with the Redevelopment Plan is the sale of the house and that the cost to be paid to the Agency is not less than the fair market value at its highest and best use in accordance with the Redevelopment Plan, based on the real property appraisal dated ?August 17, 2000 as set forth in the Agency's Summary Report for the Agreement and the transaction described in the Agreement, prepared in accordance with Health and Safety Code Section 33433, which Summary Report, a copy of which is on file with the Agency Secretary, is incorporated herein by reference as though fully set forth. D. That the Agency is further authorized under Health and Safety Code Section 33449 which grants the Agency authority to improve Property in order to provide housing for persons of low and moderate income, and thus the Agency's expenditures to rehabilitate the Property, is necessary and proper for the development of the Property as an affordable housing project. 2. The Agreement, between the Agency and Juan and Adriana Munoz, a copy of which is on file with the City Clerk, is hereby approved. 004 613 C:\My Documents\WPDOCS\CCResoRubiosale.wpd Resolution 2000- Juan & Adriana Munoz August 1, 2000 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council La Quinta held on this 19th day of September, 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 005 C:\My Documents\WPDOCS\CCResoRubiosale.wpd 614 ATTACH M E N T 1 SUMMARY REPORT FOR THE PROPOSED SALE AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND JUAN AND ADRIANA MUNOZ September 19, 2000 INTRODUCTION This document is the Summary Report ("Report") for a proposed property sale involving the La Quinta Redevelopment Agency ("Agency") and Juan and Adriana Munoz ("Buyer"). The purpose of the Sale Agreement ("Agreement") is to facilitate the sale by the Agency of a single-family dwelling to the Buyer (Attachment A). This Report has been prepared pursuant to Section 33433 of the California Health and Safety Code ("California Community Redevelopment Law") and presents the following: A summary of the proposed transaction. The cost of the sale to the Agency. The estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the Agency's Redevelopment Plan. The estimated value to be conveyed, determined by the use and with the conditions, covenants, and development costs required by the Agreement. An explanation of why the sale, pursuant to the Agreement, will assist in the elimination of blight. The subject property ("Property") is a 3-bedroom, 2-bath single-family dwelling located at 53-125 Avenida Rubio within La Quinta Redevelopment Project Area No. 1. THE TRANSACTIONS PROVIDED FOR BY THE AGREEMENT The Agreement will facilitate the sale of the Property to the Buyer, who will subsequently occupy the dwelling. The sales price is $120,000, comprised of approximately $3,600 in the Buyer's down payment, $103,400 from the Buyer's first trust deed mortgage, and $13,000 of the Agency's equity in the Property which will be converted into an affordable housing second trust deed loan. This second trust deed will include covenants to insure that the Property will remain affordable to a moderate income family for a minimum of 30 years. C:\MY DOCUMENTS\WPDOCS\SUMRPT RUBIO.WPD.DOC 007 617) The monies required to fund the Agency's second trust deed were expended in June, 1998 when the Agency purchased this unit as part of the Agency's program to purchase and upgrade dilapidated, vacant homes in the Cove. A portion of the purchase monies will be repaid to the Agency through the Buyer's down payment and first trust deed mortgage; the remaining funds will stay in place to fund the Agency's second trust deed mortgage and closing cost contribution. The Agency will receive approximately $100,300 from this transaction. History of Property This Property is currently a part of the Agency's Acquisition / Refurbishment / Resale Program. After it was acquired by the Agency, a complete renovation of the interior and exterior of the property was made. The exterior work included a new roof, garage door, landscaping, fencing and the home was repainted. The interior work included new air conditioning equipment, plumbing and electrical repairs, the acoustical ceiling material was removed and textured, it was painted and new carpet, flooring and kitchen appliances were installed. After refurbishment, the Agency offered this Property for sale to a moderate income purchaser in April, 2000. Since that time, the Buyer has been approved by Countrywide Home Loans for a mortgage up to the amount of $103,400. The Buyer is a moderate income household. The Cost of the Sale to the Agency The Agency will have approximately $130,809 invested in the Property which includes its cost to purchase and rehabilitate the unit to remedy the dilapidated condition which existed at the time of purchase. The sales contract provides for a purchase price of $120,000 which represents fair market value for this property. This value was established by the real property appraisal dated August 17, 2000. Under this proposed transaction, the Agency's investment will be treated as follows: Agency Purchase Price: Total Cost to Qualify Unit as Substantially Rehabilitated (funded in FY 1999-2000) Total Agency Investment: Buyer Down Payment: Buyer First Trust Deed Monies Paid to Agency: Agency Affordable Housing Second Trust Deed: $ 60,500 70,309 $130,809 $ 3,600 $103,400 $ 13,000 CAMy Documents\WPDOCS\SumRpt Rubio.wpd.doc 610 Estimated Value of the Interest to be Conveyed, Determined at the Highest and Best Uses Permitted by the Agency's Redevelopment Plan The Redevelopment Plan for La Quinta Redevelopment Project No. 1 provides that the Property shall be used for low -density residential development. An appraisal to determine the current market value of this property, which was dated August 17, 2000, indicated a current fair market value of $120,000. This value coincides with other similar units in the Cove. Estimated Value of the Interest to be Conveyed, Determined at the Use With the Conditions, Covenants, and Development Costs Required by the Agreement The Agreement provides that the Property will be sold at the current market value of $120,000, which reflects the fair market value. Explanation of Why the Sale of the Property Pursuant to the Agreement will Assist in the Elimination of Blight Prior to its purchase by the Agency, this was a dilapidated, vacant property that had a significant negative social impact on the neighborhood and it affected the value of the surrounding homes. The Agency's rehabilitation of the property has reversed this situation by upgrading it to the same standard as other homes in the neighborhood. The Agreement provides for the sale of the Property and the recordation of affordability covenants that will insure its continued affordability to a moderate income household for 30 years. Thus, the transaction will insure the continued affordability of a single-family dwelling to a moderate income household. 00.9 C:\MY DOCUMENTS\WPDOCS\SUMRPT RUBIO.WPD.DOC (` 1 j iy y C a G a G m a G m a G m a G m m H o � O m- z H z H z H z H z H m Z p y o a p a p a o a o a x o m a CA LE 0 PANG O CAL DU GO m 7O O Z N a O a 9G O o 9 2 W LE SO RA s a v r CALL ENS NAOA Z w O Q b co . �• z w ' CALL NOG LIS W W v o cz o V Q O m OC = J > ALL Q HIHj�- UA Q NORTH Z w L Z W 6 z W G Z W Q G G < AL m MON1 L BEY G z G z L z z z a a a a a a n a c r oo a a m p m V 7o a 70 m �' G a 70 ro m c7 ro 7o a r r m 70 70 m 7 � o o z � a o a CALLS C LIMA ; G Z p a c-> 0 7q C LLE A *0BA w w • o� LD o CAL E CH LLON L� 6 MADR 0 w CDCALL Q r. m = r-i Z Q a W o OC ✓ .�� 1 �Y O �[ cm > 3 6 U p Q o Q 0 Q o 6 m O _ Z Z Z Z Z W W W W W Cn GDT-DYNAMAP ¢ .L CA E TE ECUF ¢ ¢ a w LOCATION,MAP 613 010