2003 07 01 CC6z# 4 44dja
City Council Agendas are
Available on the City s Web Page
@ www.la-quinta.org
CITY COUNCIL
AGENDA
CITY COUNCIL CHAMBERS
78-495 Calle Tampico
La Quinta, California 92253
Regular Meeting
Tuesday, July 1, 2003 - 2:00 P.M.
Beginning Resolution No. 2003-41
Ordinance No. 386
CALL TO ORDER
Roll Call: Council Members: Henderson, Osborne, Perkins, Sniff, and Mayor Adolph
PUBLIC COMMENT
At this time, members of the public may address the City Council on any matter not
listed on the agenda. Please complete a "request to speak" form and limit your
comments to three minutes. Please watch the timing device on the podium.
CLOSED SESSION
NOTE: Time permitting the City Council may conduct Closed Session discussions
during the dinner recess. In addition, persons identified as negotiating parties are not
invited into the Closed Session meeting when the Agency is considering acquisition of
real property.
1. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, TIM JONASSON,
PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING
POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR
DISPOSITION OF REAL PROPERTY LOCATED AT 46-115 JEFFERSON STREET
(APN 649-071-011). PROPERTY OWNER/NEGOTIATOR: PATRICIA PETERSON.
00
City Council Agenda 1 July 1, 2003
2. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) ONE MATTER.
RECONVENE AT 3:00 P.M.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT
At this time members of the public may address the City Council on items that are
contained 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 should be filed with the City Clerk prior to the City Council
beginning consideration of that item.
CONFIRMATION OF AGENDA
PRESENTATIONS
PRESENTATION OF "CLOUDY SKIES OVER CALIFORNIA'S CITIES" (A LEAGUE
OF CALIFORNIA CITIES VIDEO).
2. COACHELLA VALLEY ECONOMIC PARTNERSHIP, UPDATE BY NEW
PRESIDENT PATRICIA MELVIN.
WRITTEN CORRESPONDENCE
LETTER FROM THE LA QUINTA ARTS FOUNDATION. .
APPROVAL OF MINUTES
1 . APPROVAL OF MINUTES OF SPECIAL MEETING HELD JUNE 13, 2003.
2. APPROVAL OF MINUTES OF JUNE 17, 2003.
City Council Agenda 2 July 1, 2003
CONSENT CALENDAR
NOTE: Consent Calendar items are considered to be routine in nature and will be
approved by one motion.
1 . APPROVAL OF DEMAND REGISTER DATED JULY 1, 2003.
2. APPROVAL OF A RESTATED AND AMENDED EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF LA QUINTA AND THE CITY MANAGER.
3. ADOPTION OF A RESOLUTION APPROVING COST -OF -LIVING AND BENEFIT
ADJUSTMENTS FOR MANAGEMENT, CONTRACT MANAGEMENT, AND
CONFIDENTIAL EMPLOYEES FOR FISCAL YEARS 2003-04, 2004-05 AND
2005-06.
4. ADOPTION OF A RESOLUTION APPROVING A MEMORANDUM OF UNDER-
STANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY
EMPLOYEES' ASSOCIATION FOR FISCAL YEARS 2003-04, 2004-05 AND
2005-06.
5. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS TO
PREPARE A MASTER DRAINAGE PLAN FOR THE CITY OF LA QUINTA.
6. APPROVAL OF CONTRACT CHANGE ORDER NO. 2 AND ACCEPTANCE OF
PHASE II COVE OASIS IMPROVEMENTS, PROJECT NO. 2002-02.
7. APPROVAL OF CONTRACT CHANGE ORDER NO. 1, FOR A CONTRACT TIME
EXTENSION AND ACCEPTANCE OF PROJECT NO. 2000-15b, LA QUINTA
SKATE PARK AT FRITZ BURNS PARK.
8. APPROVAL OF CONTRACT CHANGE ORDER NO. 2 AND ACCEPTANCE OF
PHASE II, FRITZ BURNS PARK COURT IMPROVEMENTS, PROJECT NO. 2000-
15a.
9. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 24890-5,
THE CITRUS, MARVIN HOMES.
10. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 28960,
PGA WEST, CENTEX HOMES.
11. ADOPTION OF A RESOLUTION APPROVING THE SUBMITTAL OF AN
APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT
BOARD FOR THE 2003/2004 WASTE TIRE PLAYGROUND COVER GRANT
PROGRAM FOR PARTIAL FUNDING OF A RUBBERIZED SURFACE BENEATH
THE WATER FEATURE AT LA QUINTA PARK AND APPROPRIATE UP TO
$50,685 IN QUIMBY FUNDS.
03
City Council Agenda 3 July 1, 2003
12. AUTHORIZATION FOR THE CITY MANAGER TO SIGN A CONTRACT
EXTENSION FOR A YEAR WITH HILTON, FARNKOPF AND HOBSON, LLC FOR
AB 939 SERVICES FOR FISCAL YEAR 2003-2004.
13. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA
CHAMBER OF COMMERCE FOR FISCAL YEAR 2003/2004.
14. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH KINER GOODSELL
ADVERTISING FOR PROFESSIONAL MARKETING SERVICES FOR FISCAL YEAR
2003/2004.
15. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THREE MEMBERS OF THE
CITY COUNCIL AND THE CITY MANAGER TO ATTEND THE LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE IN SACRAMENTO, CALIFORNIA,
TO BE HELD SEPTEMBER 7-10, 2003.
16. APPROVAL OF A LEASE AGREEMENT WITH CANNON COPIERS TO PROVIDE
DIGITAL COPIERS, MAINTENANCE AND SUPPLIES.
17. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A
FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL
MAP 30903, WASHINGTON PARK, WASHINGTON 1 1 1, LTD.
BUSINESS SESSION
1. CONSIDERATION OF A RESOLUTION APPROVING THE PRELIMINARY
ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT NO. 89-1, FOR FISCAL YEAR 2003/2004, AND A RESOLUTION
DECLARING INTENT TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPE AND
LIGHTING ASSESSMENT DISTRICT NO. 89-1, AND GIVING NOTICE THEREOF.
A. RESOLUTION ACTION(S)
2. CONSIDERATION OF THE SELECTION OF A VOTING DELEGATE AND
ALTERNATE FOR THE 2003 LEAGUE ANNUAL CONFERENCE.
A. MINUTE ORDER ACTION
3. CONSIDERATION OF AN ORDINANCE AMENDING THE LA QUINTA CITY
CHARTER AND MUNICIPAL CODE CHAPTER 2.04 (CITY COUNCIL
COMPENSATION AND REIMBURSEMENT).
A. READ ORDINANCE BY NUMBER AND TITLE ONLY AND WAIVE
FURTHER READING.
B. INTRODUCE ORDINANCE ON FIRST READING.
City Council Agenda 4 July 1, 2003 0 4
STUDY SESSION
1. DISCUSSION REGARDING THE WASHINGTON STREET SOUND ATTENUATION
STUDY.
REPORTS AND INFORMATIONAL ITEMS
1 . CITY COUNCIL AD HOC COMMITTEE REPORTS
2. CVAG COMMITTEE REPORTS
3. CHAMBER OF COMMERCE WORKSHOP/INFORMATION COMMITTEE
(OSBORNE)
4. COACHELLA VALLEY ECONOMIC PARTNERSHIP (CVEP) (ADOLPH)
5. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS)
6. C.V. MOUNTAINS CONSERVANCY (SNIFF)
7. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (OSBORNE)
8. LEAGUE OF CALIFORNIA CITIES (HENDERSON)
9. MUSEUM EXPANSION COMMITTEE (ADOLPH/SNIFF)
10. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY
(HENDERSON)
1 1 . PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TYLER)
12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD
(HENDERSON)
13. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE
(HENDERSON)
14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON)
15. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE
(HENDERSON)
16. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH)
17. COMMUNITY SERVICES COMMISSION MEETING MINUTES OF MARCH 10
AND MAY 12, 2003
18. CULTURAL ARTS COMMISSION MEETING MINUTES OF MAY 8, 2003
19. INVESTMENT ADVISORY BOARD MEETING MINUTES OF MAY 14, 2003
DEPARTMENT REPORTS
1 . CITY MANAGER
A. RESPONSE(S) TO PUBLIC COMMENTS
2. CITY ATTORNEY
3. CITY CLERK
A. REPORT ON UPCOMING EVENTS
B. CITY COUNCIL CALENDAR
4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT (NONE)
5. COMMUNITY DEVELOPMENT DIRECTOR'S MONTHLY REPORT - NONE
6. COMMUNITY SERVICES DIRECTOR'S REPORT - NONE
7. FINANCE DIRECTOR'S REPORT - NONE
8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT - NONE
9. POLICE CHIEF'S MONTHLY REPORT - NONE
10. FIRE CHIEF'S QUARTERLY REPORT - NONE
r
City Council Agenda 5 July 1, 2003 �' •)
MAYOR'S AND COUNCIL MEMBERS' ITEMS
1. REPORT REGARDING RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
(LAFCO) ISSUES (HENDERSON).
RECESS TO REDEVELOPMENT AGENCY MEETING
ADJOURN TO 7:00 P.M.
7:00 P.M.
PUBLIC COMMENT
This is the time set aside for public comment on any matter not listed on the agenda.
Please complete a "request to speak" form and limit your comments to three (3)
minutes. Please watch the time clock on the speaker's podium.
PRESENTATIONS
1. REPORT FROM LEAGUE OF CALIFORNIA CITIES, RIVERSIDE DIVISION
GRASSROOTS COORDINATOR, DAVID C. WILLMON.
PUBLIC HEARINGS
For all Public Hearings on the agenda, a completed "request to speak" form must be
filed with the City Clerk prior to the start of City Council consideration of that item.
The Mayor will invite individuals who have requested the opportunity to speak, to
come forward at the appropriate time.
Any person may submit written comments to the La Quinta City Council before a
public hearing may appear and be heard in support of, or in opposition to, the approval
of project(s) at the time of the hearing. If you challenge any project(s) in court, you
may be limited to raising only those issues you or someone else raised at the public
hearing or in written correspondence delivered to the City Clerk at, or prior to the
public hearing.
1. PUBLIC HEARING ADOPTING A RESOLUTION APPROVING THE PLACEMENT
OF WEED ABATEMENT/LOT CLEANING ASSESSMENTS ON THE 2003/2004
PROPERTY TAX ROLL.
A. RESOLUTION ACTION
nF
City Council Agenda 6 July 1, 2003
2. PUBLIC HEARING TO ADOPT RESOLUTIONS TO CONSIDER: 1) CERTIFICATION
OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
FOR ENVIRONMENTAL ASSESSMENT 2003-472; 2) SPECIFIC PLAN 2003-064
FOR DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR A
RESIDENTIAL DEVELOPMENT; AND 3) TENTATIVE TRACT MAP 31302 FOR
THE SUBDIVISION OF 79± ACRES TO CONSTRUCT APPROXIMATELY 200
DETACHED SINGLE FAMILY HOUSES, FOR THE PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF AVENUE 52 AND MONROE STREET. APPLICANT:
DESERT ELITE, INC., "RANCHO SANTANA-
A. RESOLUTION ACTION(S)
3. PUBLIC HEARING TO ADOPT RESOLUTIONS AND AN ORDINANCE FOR A
REQUEST TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003-473;
CHANGE THE LAND USE FROM COMMUNITY COMMERCIAL (CC) TO LOW
DENSITY RESIDENTIAL (RL) FOR GENERAL PLAN AMENDMENT 2003-092
AND ZONE CHANGE 2003-114; THE CREATION OF SEVEN SINGLE FAMILY
LOTS ON 2.33 ACRES FROM THREE PARCELS FOR TENTATIVE TRACT 31289
AND THE CONSTRUCTION OF DETACHED SINGLE FAMILY HOUSES RANGING
IN SIZE FROM 3,080 SQUARE FEET TO 3,362 SQUARE FEET FOR SITE
DEVELOPMENT PERMIT 2003-769, FOR THE PROPERTY LOCATED AT THE
NORTHEAST CORNER OF CALEO BAY AND VIA FLORENCE. APPLICANT: JIM
HAYHOE.
A. RESOLUTION ACTION
B. READ ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE
FURTHER READING.
C. INTRODUCE ORDINANCE ON FIRST READING.
ADJOURNMENT
Adjourn to a regularly scheduled meeting of the City Council to be held on July 22,
2003, commencing with closed session at 2:00 p.m. and open session at 3:00 p.m. in
the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253.
City Council Agenda 7 July 1, 2003 !J .7
DECLARATION OF POSTING
I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the
foregoing agenda for the La Quinta City Council meeting of Tuesday, July 1, 2003,
was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico
and on the bulletin board at the La Quinta Chamber of Commerce and at Stater
Bros. 78-630 Highway 1 1 1, on Friday, June 27, 2003.
DATED: June 27, 2003
JUNE S. GREEK, CIVIC, City Clerk
City of La Quinta, California
PUBLIC NOTICES
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, twenty-four (24) hours in advance of the meeting and accommodations will
be made.
If special electronic equipment is needed to make presentations to the City
Council, arrangement should be made in advance by contacting the City Clerk's Office
at 777-7025. A one (1) week notice is required.
If background material is to be presented to the City Council during a City
Council meeting, please be advised that eight (8) copies of all documents, exhibits,
etc., must be supplied to the City Clerk for distribution. It is requested that this take
place prior to the beginning of the 3:00 PM session or the 7:00 PM session.
(13
City Council Agenda $ July 1, 2003
WRITTEN CORRESPONDENCE ITEM:
4 •atP
"
MEMORANDUM
TO: The Honorable Mayor and Members of the City Council
FROM: Thomas P. Genovese, Executive Director
DATE: July 1, 2003
SUBJECT: Written Correspondence Item No. 1
Attached is a letter from the La Quinta Arts Foundation. The rest of the packet is
being distributed under separate cover.
C! 3
June 23, 2003
Tom Genovese
City Manager
City of La Quinta
P. O. Box 1504
La Quinta, CA 92253
Dear Tom:
JUN ? 5 20M
� � r
ID
LA QUIN
TA
FOUNDATION
Re: Contract for Services 2002/03 between City of La Quinta and La Quinta Arts
Foundation
In accordance with Section 6.1 Reports of the above -referenced agreement,
please accept this as our report.
Without a doubt, this past year was the most challenging for La Quinta Arts
Foundation in our 21-year history. The 9/11 terrorist attack, a severe economic
downturn, and a declaration of war on the eve of our annual Festival combined to
created unprecedented operating conditions.
As I am sure you are aware, the entire non-profit sector has suffered under
similar pressures, forcing many organizations to reduce services, lay-off staff, or
even go completely out of business. This has not been the case At La Quinta
Arts Foundation.
By embarking on a major financial austerity program and staying squarely
focused on the primary mission of the Foundation— providing art education
opportunities for all segments of the community —we were able not only to
maintain our operations through this challenging period, we were actually able to
expand our programming.
With state budget cutbacks in our schools, the work of the Foundation is more
critical than ever, as is our support from the City of La Quinta. We believe our
historic partnership has accrued benefits to both parties, and have greatly
appreciated the support the City has provided.
Enclosed you will find an accounting of fiscal year 2002-03 La Quinta Arts
Festival and Desert Plein Air marketing expenditures as well as event statistics
and supporting documentation. The City of La Quinta's financial contribution
directly supports the Foundation's marketing of fundraising activities. This results
in a return to the community, as most recently exemplified by $62,000 in
scholarships awarded to 40 local students pursuing college educations.
Additional returns on investment the City of La Quinta receives for its support of
La Quinta Arts Foundation include:
j�
POST OFFICE BOX 777 LA QUINTA. CA 92253 760 564 1244 A FAX 760 564 6884
-Direct name association with an organization that conducts a nationally
renown art festival which raises money to bring art to the community.
• Separate and additional name mentions in various Festival, Plein Air and
other Foundation marketing materials.
-Helping bring art to the community, including art awareness for school
children; scholarships for budding artists; and art workshops for adults.
•A resource to assist in various City -sponsored activities, such as transit
shelter poster competition, playground art contest, City birthday party, and
annual picnic.
We thank the City of La Quinta for its support of the Foundation over the years,
and look forward to your continued endorsement.
Sincerely,
Christi Salamone
Executive Director
11
LA QUINTA ARTS FOUNDATION
2003 MARKETING EXPENSE
LA QUINTA ARTS FESTIVAL
DESERT PLEIN AIR
SALARY/CONSULTANT FEES
$11,420
$10,660
PRINT ADVERTISING
$30,459
$2,076
TELEVISION & RADIO ADVERTISING
$17,430
$1,365
IN -KIND PRINT & BROADCAST ADVERTISING
$12,000
$2,000
PROGRAM & RACK CARD
$21,790
$302
DIRECT MAIL CAMPAIGN
$5,495
$1,903
ON -SITE SIGNAGE
$2,533
$2,289
WEB PAGE & LINKS
$810
$200
MARKETING PRODUCTION
$1,961
$1,230
PROMOTIONAL ITEMS
$11,717
$5,727
TOTAL
$115,615
$27,752
12
LA QUINTA ARTS FOUNDATION
2003 STATISTICS
ATTENDANCE
ART SALES
AVERAGE SALES
STUDENT ACTIVITIES PARTICIPANTS
LOCAL VENDOR FEES/SALES
ARTIST PARTICIPANTS
VOLUNTEERS
LA QUINTA ARTS FESTIVAL
19,815
$1,590,065
$6,285
1,250
258,148
265
435
DESERT PLEIN AIR
22,590
$110,110
$2,294
50
15,625
55
118
113
2003 La Quinta Arts Festival Maximum Advertising Exposures
(Assumes every ad/commercial is seen by the maximum numbers of readers/viewers)
Print
Desert Sun
Desert Post -Weekly
Press -Enterprise (Desert Edition)
Mobile Home News
Desert Sun —Post -It
Bottom Line
Television
KMIR
KESQ
KPSP
Time Warner
Radio
KEZN
KWXY
REACH/ftEQUENCY TOTAL EXPOSURES
115,000/14
1,610,000
20,000/2
40,000
10,340/2
20,680
45,000/3
135,000
36,400/1
36,400
16,000/1
16,000
Total Print 1,858,080
119,000 (3.3*)/95
37,306,500
119,000 (3.3)/13
5,105,100
119,000 (3.3)/12
4,712,400
119,000 (3.3)/13
5,105,100
Total TV 92,229,100
2,600/70 182,000
9,000/83 747,000
Total Radio 929,000
All Media 95,016,180
*Average residents per household
14
2003 La Quinta Arts Festival
AI E NDEE SURVEY—SUIMMARY
I. SURVEY RESPONSE
10,000 surveys were handed out by gate volunteers over the four days of the
Festival, with the majority being handed out on Thursday and Saturday. The total
returned was 616, which is a 6.16 percent response.
II. DEMOGRAPHICS
Age
Four out of five Festival attendees were between the ages of 45 to 75.
Annual income
Nearly nine out of 10 attendees have household income of more than $50,000 a
year, with one of three having more than $100,000.
Residency
Two of three attendees were from the Coachella Valley, with two-thirds of those
coming from two cities: Palm Desert and La Quinta. The majority of attendees from
elsewhere were from Southern California.
III. ATTENDANCE
The overwhelming reason (97 percent) people gave for attending the Festival was
the art. The second was for a social outing, and the third was the entertainment.
The largest number of attendees were equally interested in painting and sculpture,
but a significant number were also interested in pottery, photography and jewelry.
IV. COMM[TNICAMN
The majority of attendees learned about the Festival from advertising. The number is
probably greater than indicated because it appears some people answered in terms
of historical name awareness of the Festival rather than the particulars of this year's
event.
Nearly nine out of 10 mentioned newspapers advertising as the way they learned of
the Festival. Radio was next (35 percent) and direct mail third (24 percent).
1)
2003 La Quinta Arts Festival
ATTENDEE SURVEY —DATA
TOTAL smvEY Fsrormmn: 616
Number of responses varied by question (some people chose not to answer some questions).
AGE (553 responses)
18-24:
1%
25-34:
3%
35-44:
7%
45-54:
21%
55-64:
29%
65-74:
31%
75+:
8%
ANNUAL INCOME (416 responses)
$25-50,000:
12%
$ 50- �'5,000:
21 %
$75-100,000:
22%
$100-150,000:
17%
$150-200,000:
10%
More than $200,000:
17%
RESIDENCY (536 responses):
Coachella Valley: 64%
Other Calif. cities: 18%
Other states: 14%
Other countries: 4%
Of those living in the Coachella Valley:
Palm Desert:
35 %
La Quinta:
33%
Rancho Mirage:
10%
Palm Springs:
8%
Indio:
8%
Indian Wells:
7%
Cathedral City:
4%
Other desert city:
4%
Living California:
Scattered - mostly Southern California: no significant concentration.
Living in another state:
Washington 28
Oregon 16
Remainder was scattered across country - no significant concentration.
Living in another country:
Canada 16
Remainder - no significant concentration.
Coachella valley residency
Full-time residents: 42%
Part-time residents 29%
Visitors- 29%
RFAsom FOR ATTENDING FESTIVAL (616 responses —could check more than one):
Art: 97%
Social outing: 22%
Entertainment: 14%
Children's art activities: 2%
Of those who came for the art (could check more than. one):
Painting:
38%
Sculpture:
38%
Pottery:
29%
Photography:
26%
Jewelry:
25 %
Other:
9%
How LHARNED ABOUT THE FESTIVAL (of 616):
Advertising: 38%
Another person: 26%
News Reports: 10%
Of those who checked "advertising:"
Newspaper. 84%
Radio: 35%
Mailing: 24%
TV: 16%
Web: 10%
Site sign: 3%
Magazine: .4%
Brochure: .4%
Of those who checked "news reports:'
Newspaper. 73 %
Radio: 37%
TV: 35%
17
Tiht 4.4�Q"
COUNCIL/RDA MEETING DATE: JULY 1, 2003
ITEM TITLE:
Demand Register Dated July 1, 2003
RECOMMENDATION: Approve Demand Register Dated July 1, 2003
BACKGROUND:
Prepaid Warrants:
54371 - 543841
726,170.84
54385 - 54410)
41,476.38
Wire Transfers}
466,995.57
P/R 11119 - 111981
116,102.07
P/R Tax Transfers}
33,487.82
Payable Warrants:
54411 - 545391
434,092.04
$1,818,324.72
FISCAL IMPLICATIONS:
Demand of Cash -City $726,687.12
Demand of Cash -RDA $1,091,637.60
. Falconer, Finance Director
AGENDA CATEGORY:
BUSINESS SESSION
CONSENT CALENDAR
STUDY SESSION
PUBLIC HEARING
w
CITY OF LA QUINTA
BANK TRANSACTIONS 6/11/03 - 6/24/03
6/20/03 WIRE TRANSFER - DEFERRED COMP.
6/20/03 WIRE TRANSFER - CREDIT UNION
6/20/03 WIRE TRANSFER - PERS
6/12/03 WIRE TRANSFER - RDA ESCROW
6/17/03 WIRE TRANSFER- RDA ESCROW
6/18/03 WIRE TRANSFER - RDA ESCROW
6/18/03 WIRE TRANSFER - RDA ESCROW
6/23/03 WIRE TRANSFER - RDA ESCROW
6/23/03 WIRE TRANSFER - RDA ESCROW
6/23/03 WIRE TRANSFER - RDA ESCROW
6/23/03 WIRE TRANSFER - RDA ESCROW
TOTAL WIRE TRANSFERS OUT
$8,106.31
$5,942.00
$11,382.26
$91,600.00
$9,135.00
$84,750.00
$84,750.00
$60,000.00
$40,000.00
$40,000.00
$31,330.00
$466,995.57
11
2
ACCOUNTS
PAYABLE - AP5005
CHECK
REGISTER
1:42PM 06/24/03
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.***
54411
06/24/03
&02032
JUAREZ ICE CREAM
3.00
54412
06/24/03
&02033
THE POOL STORE
7.00
54413
06/24/03
ACE010
ACE HARDWARE
764.88
54414
06/24/03
ACT100
ACT GIS INC
10355.00
54415
06/24/03
ADT100
ADT SECURITY SVC INC
430.55
54416
06/24/03
AER100
AERIAL ACCESS LLC
2306.28
54417
06/24/03
AME004
AMERICAN PLANNING ASSOC
387.00
54418
06/24/03
AME175
AMERICAN FORENSIC NURSES
21.00
54419
06/24/03
AME200
AMERIPRIDE UNIFORM SVCS
109.94
54420
06/24/03
ANW100
AN-WIL BAG CO
801.66
54421
06/24/03
ARC101
ARCH WIRELESS
715.61
54422
06/24/03
ASH050
CHARLES & BETH ASH
25.00
54423
06/24/03
BAN015
DAVE BANG ASSOCIATES INC
1292.29
54424
06/24/03
BI0100
BIO TOX
16.70
54425
06/24/03
BUR090
BURNS INT'L SECURITY SVCS
64.00
54426
06/24/03
CAD010
CADET UNIFORM SUPPLY
201.22
54427
06/24/03
CAL140
CAL CONTRACTORS SUPPLIES
533.24
54428
06/24/03
CAL240
CALIFORNIA POOLS & SPAS
749.00
54429
06/24/03
CAP050
ROSMARY HEIM CAPUTO
231.00
54430
06/24/03
CAR300
CARQUEST
17.02
54431
06/24/03
CDW050
CDW GOVERNMENT INC
333.09
54432
06/24/03
CIM050
CIMA COMPANIES INC
539.20
54433
06/24/03
CIT025
CITICORP VENDOR FINANCE
148.75
54434
06/24/03
CLE100
CLEAN STREET
5243.52
54435
06/24/03
COA071
COACHELLA VALLEY PRINTING
345.13
54436
06/24/03
COR005
CORA CONSTRUCTORS
91857.60
54437
06/24/03
COR150
CORPORATE EXPRESS
69.09
54438
06/24/03
COU325
COUNTRY CLUB MIRROR &
400.00
54439
06/24/03
CST100
CSTI OUTREACH
85.00
54440
06/24/03
CV1050
CV ICE COMPANY INC
90.00
54441
06/24/03
DBX100
DBX INC
9000.00
54442
06/24/03
DEE100
TERRY DEERINGER
73.44
54443
06/24/03
DEP250
DEPT TOXIC SUBSTANCE CTRL
182.50
54444
06/24/03
DES018
DESERT ELECTRIC SUPPLY
20.26
54445
06/24/03
DESO47
DESERT PHOTO LAB/STUDIO
52.70
54446
06/24/03
DES060
DESERT SUN PUBLISHING CO
883.16
54447
06/24/03
DES065
DESERT TEMPS INC
1983.84
54448
06/24/03
DIE050
DIETERICH POST
91.01
54449
06/24/03
EIS010
EISENHOWER IMMEDIATE CARE
125.00
54450
06/24/03
ELM100
ELMS EQUIPMENT RENTAL INC
585.29
54451
06/24/03
END051
ENDICOTT ENTERPRISES
263.99
54452
06/24/03
ENR100
ENRG FUEL USA INC
34.01
54453
06/24/03
ENT050
ENTERPRISE RENT -A -CAR
516.40
54454
06/24/03
EQUO10
DALE EQUITZ
75.00
54455
06/24/03
EVA050
DAVID EVANS & ASSOC INC
965.00
54456
06/24/03
EXP200
EXPRESS DETAIL
810.00
54457
06/24/03
FAL050
JOHN FALCONER
96.58
K
ACCOUNTS
PAYABLE - AP5005
CHECK
REGISTER
1:42PM 06/24/03
CITY OF
LA QUINTA
BANK
ID: DEF
PAGE 2
CHECK
CHECK
VENDOR
PAYMENT
NUMBER
DATE
NO.
NAME
AMOUNT
54458
06/24/03
FIR005
FIRELINE FIRE EQUIPMENT
451.80
54459
06/24/03
FIR015
FIRST AMERICAN REAL
151.49
54460
06/24/03
FIR017
FIRST CHOICE SERVICES
80.46
54461
06/24/03
FOU100
FOUNDATION FOR RETARDED
35.56
54462
06/24/03
GAB050
GABRIEL'S WROUGHT IRON
650.00
54463
06/24/03
GAR040
GARZA TURF & POWER EQUIP
53.83
54464
06/24/03
GMA100
GMA
17600.00
54465
06/24/03
GUY100
GUYS & GALS UNIFORMS
295.93
54466
06/24/03
HAR100
JOHN HARDCASTLE
37.44
54467
06/24/03
HIG010
HIGH TECH IRRIGATION INC
238.73
54468
06/24/03
HIL150
HILTON FARNKOPF &
14208.75
54469
06/24/03
HIN010
HINDERLITER, DE LLAMAS
1184.55
54470
06/24/03
HOA010
HUGH HOARD INC
545.25
54471
06/24/03
HOM030
HOME DEPOT
599.93
54472
06/24/03
H00050
FAYE HOOPER
120.00
54473
06/24/03
HTE100
HTE INC
5808.00
54474
06/24/03
JAS100
JAS PACIFIC INC
8623.36
54475
06/24/03
JIF100
JIFFY LUBE/AFMS
148.47
54476
06/24/03
JPRO10
JP REPROGRAPHICS
1151.43
54477
06/24/03
KRI100
BRUCE KRIBBS CONSTRUCTION
10272.00
54478
06/24/03
LAB100
LAB SAFETY SUPPLY INC
370.44
54479
06/24/03
LAQ030
LA QUINTA CAR WASH
13.95
54480
06/24/03
L00010
LOCK SHOP INC
56.57
54481
06/24/03
LOW100
LOWE'S COMPANIES INC
729.52
54482
06/24/03
LUN050
LUNDEEN PACIFIC CORP
31905.71
54483
06/24/03
MEE100
WAYNE MEEDS
160.00
54484
06/24/03
MIN010
MINUTEMAN PRESS
1400.75
54485
06/24/03
MIT200
MITY-LITE INC
612.04
54486
06/24/03
M00095
MOORE MAINTENANCE &
4460.00
54487
06/24/03
MUN010
MUNI FINANCIAL SERV INC
11873.38
54488
06/24/03
NAT090
NATIONAL GOLF FOUNDATION
99.00
54489
06/24/03
NEX010
NEXTEL COMMUNICATIONS
65.46
54490
06/24/03
OFF005
OFFICE DEPOT INC
558.80
54491
06/24/03
OWE020
OWEN & BRADLEY
5236.05
54492
06/24/03
PAR057
PARSONS BRICKERHOFF QUADE
2994.44
54493
06/24/03
PET200
P F PETTIBONE & CO
519.80
54494
06/24/03
POS050
POSITIVE PROMOTIONS
64.80
54495
06/24/03
PR1020
THE PRINTING PLACE
86.20
54496
06/24/03
PR0005
PROFESSIONAL SERVICE IND
56.00
54497
06/24/03
RAL050
RALPHS GROCERY CO
63.57
54498
06/24/03
RAS020
RASA - ERIC NELSON
1483.00
54499
06/24/03
RES005
RESERVE ACCOUNT
4000.00
54500
06/24/03
REV050
REVENUE EXPERTS INC
1606.00
54501
06/24/03
RIV030
RIVERSIDE COUNTY CLERK
11.00
54502
06/24/03
RIV080
RIVERSIDE COUNTY HEALTH
1520.00
54503
06/24/03
RIV110
RIVERSIDE COUNTY SHERIFFS
3532.80
54504
06/24/03
RIV325
RIVERSIDE RUBBER STAMP
42.09
54505
06/24/03
RON100
RON'S TOWING & STORAGE
69.00
54506
06/24/03
SAN005
SAN BERNARDINO COUNTY SUN
163.58
4
ACCOUNTS
PAYABLE - AP5005
CHECK
REGISTER 1:42PM 06/24/03
CITY OF
LA QUINTA
BANK
ID: DEF PAGE 3
CHECK
CHECK
VENDOR PAYMENT
NUMBER
DATE
NO.
NAME AMOUNT
54507
06/24/03
SAN200
SAN DIEGO ROTARY BROOM CO 323.25
54508
06/24/03
SAX100
SAXON ENGINEERING SERVICE 6090.00
54509
06/24/03
SCI100
LOUISE SCIUTTO 120.00
54510
06/24/03
SHE010
SHEA HOMES 3257.20
54511
06/24/03
SIM040
SIMPLER LIFE EMERGENCY 999.99
54512
06/24/03
SMA010
SMART & FINAL 535.13
54513
06/24/03
SMI150
MALCOLM SMITH MOTORSPORTS 301.21
54514
06/24/03
SOCO10
THE SOCO GROUP INC 79.76
54515
06/24/03
SOU007
SOUTHWEST NETWORKS, INC 12682.70
54516
06/24/03
SOU008
SOUTHWEST MOBILE STORAGE 215.50
54517
06/24/03
SPE070
SPENCER FLOORS INC 350.00
54518
06/24/03
SSW100
S&S WORLDWIDE 128.76
54519
06/24/03
STA049
STAPLES BUSINESS ADVANTGE 1547.55
54520
06/24/03
STE003
M W STEELE GROUP INC 79584.05
54521
06/24/03
SYM051
SYMANTEC ORDER SERVICES 34.95
54522
06/24/03
TER100
TERRA NOVA PLANNING & 5278.24
54523
06/24/03
TOP010
TOPS'N BARRICADES INC 502.65
54524
06/24/03
TRA007
TRAFFEX ENGINEERS INC 5536.65
54525
06/24/03
TRA200
STEVEN TRAXEL 50.00
54526
06/24/03
TRIO10
TRI LAKE CONSULTANTS INC 30862.00
54527
06/24/03
TRI100
TRI STATE LAND SURVEYORS 2500.00
54528
06/24/03
TRU010
TRULY NOLEN INC 193.00
54529
06/24/03
VAL005
VALLEY ANIMAL CLINIC 130.00
54530
06/24/03
VAL020
VALLEY PLUMBING 7439.70
54531
06/24/03
VAL200
VALLEY PARTNERSHIP 142.00
54532
06/24/03
VAN075
VANDORPE CHOU ASSOC INC 3225.00
54533
06/24/03
VON010
VON'S C/O SAFEWAY INC 17.97
54534
06/24/03
WAL010
WAL MART COMMUNITY 203.51
54535
06/24/03
WAS011
WASTE MANAGEMENT OF THE 65.60
54536
06/24/03
WHE050
WHEELER'S 275.00
54537
06/24/03
WIR100
WIRELESS WEST 408.83
54538
06/24/03
W00020
WOODCREST UNIFORM 791.96
54539
06/24/03
W00100
DEBBIE WOODRUFF 308.00
CHECK TOTAL 434,092.04
4.
5
ACCOUNTS PAYABLE - AP5003
TO -BE
PAID INVOICES
12:31PM 06/24/03
CITY OF LA QUINTA
FOR
BANK ID - DEF
PAGE 1
VENDOR
ACCOUNT
NUMBER
INV.
INVOICE
PAYMENT
BATCH
TRAN
NUMBER
DESCRIPTION
AMOUNT
NO.
&02032 JUAREZ ICE CREAM
101
000
416
000
4090
BUSINESS LIC OVERPAYMNT
3.00
T619
1
VENDOR TOTAL
3.00
&02033 THE POOL STORE
101
000
416
000
6232
REFUND BUSINESS LIC
OVER
7.00
T619
2
VENDOR TOTAL
7.00
ACE010 ACE HARDWARE
101
454
703
847
MAY 2003
SUPPLIES
705.60
T619
3
ACE010 ACE HARDWARE
101
357
703
000
MAY 2003
SUPPLIES
59.28
T619
4
VENDOR TOTAL
764.88
ACT100 ACT GIS INC
502
502
609
609
2003-301
GIS ASSISTANCE
10355.00
T624
1
VENDOR TOTAL
10355.00
ADT100 ADT SECURITY SVC INC
101
357
609
640
49227146
ALARM SVC
257.08
T624
2
ADT100 ADT SECURITY SVC INC
101
357
609
640
49227147
ALARM SVC
107.42
T624
3
ADT100 ADT SECURITY SVC INC
101
357
621
612
49227150
ALARM SVC
33.05
T624
4
ADT100 ADT SECURITY SVC INC
101
301
609
575
49227181
ALARM SVC.
33.00
T624
5
VENDOR TOTAL
430.55
AER100 AERIAL ACCESS LLC
502
502
609
609
1682
GIS SYSTEM
2306.28
T624
6
VENDOR TOTAL
2306.28
AME004 AMERICAN PLANNING ASSOC
101
401
649
000
113594
MEMBERSHIP/O ORCI
387.00
T619
5
VENDOR TOTAL
387.00
AME175 AMERICAN FORENSIC NURSES
101
301
609
586
15487
BOOKING BLOOD DRAW
21.00
T624
7
VENDOR TOTAL
21.00
AME200 AMERIPRIDE UNIFORM SVCS
101
202
609
634
L229493
MATS
54.97
T624
8
AME200 AMERIPRIDE UNIFORM SVCS
101
202
609
634
L219945
MATS
54.97
T624
9
VENDOR TOTAL
109.94
ANW100 AN-WIL BAG CO
101
453
703
834
9029
ASPHALT
801.66
T619
6
01
w
ACCOUNTS PAYABLE - AP5003
TO -BE
PAID INVOICES
12:31PM 06/24/03
CITY OF
LA QUINTA
FOR
BANK ID - DEF
PAGE 2
VENDOR
ACCOUNT
NUMBER
INV.
INVOICE
PAYMENT
BATCH
TRAN
NUMBER
DESCRIPTION
AMOUNT
NO.
VENDOR TOTAL
801.66
ARC101
ARCH WIRELESS
101
153
635
660
M3393252
PAGER SVC
715.61
T619
7
VENDOR TOTAL
715.61
ASH050
CHARLES & BETH ASH
101
202
703
000
ENTERTAINMENT
25.00
T624
10
VENDOR TOTAL
25.00
BAN015
DAVE BANG ASSOCIATES INC
401
708
609
553
16693
TRASH CANS
1292.29
T619
8
VENDOR TOTAL
1292.29
BIO100
BIO TOX
101
301
609
586
10942
BOOKING BLOOD
16.70
T624
11
VENDOR TOTAL
16.70
BUR090
BURNS INT'L SECURITY SVCS
101
000
438
457
02624727
SENIOR CTR EVENT
GUARDS
64.00
T624
12
VENDOR TOTAL
64.00
CADO10
CADET UNIFORM SUPPLY
101
453
617
000
65531
UNIFORMS
98.00
T619
9
CADO10
CADET UNIFORM SUPPLY
101
454
617
000
65531
UNIFORMS
10.88
T619
10
CADO10
CADET UNIFORM SUPPLY
101
453
617
000
67512
UNIFORMS
82.00
T619
11
CADO10
CADET UNIFORM SUPPLY
101
454
617
000
67512
UNIFORMS
10.34
T619
12
VENDOR TOTAL
201.22
CAL140
CAL CONTRACTORS SUPPLIES
101
454
703
847
04187
SUPPLIES
316.96
T619
13
CAL140
CAL CONTRACTORS SUPPLIES
101
454
703
847
05081
SUPPLIES
216.28
T619
14
VENDOR TOTAL
533.24
CAL240
CALIFORNIA POOLS & SPAS
101
454
609
000
28918
FOUNTAIN MAINT
214.00
T619
15
CAL240
CALIFORNIA POOLS & SPAS
101
454
609
000
28690
FOUNTAIN MAINT
107.00
T619
16
CAL240
CALIFORNIA POOLS & SPAS
101
454
609
000
28718
FOUNTAIN MAINT
214.00
T619
17
CAL240
CALIFORNIA POOLS & SPAS
101
454
609
000
28217
FOUNTAIN MAINT
214.00
T619
18
VENDOR TOTAL
749.00
CAP050
ROSMARY HEIM CAPUTO
101
202
609
592
INSTRUCTOR
231.00
T624
13
J
ACCOUNTS PAYABLE - AP5003
TO -BE
PAID INVOICES
12:31PM 06/24/03
CITY OF
LA QUINTA
FOR
BANK ID - DEF
PAGE 3
VENDOR
ACCOUNT
NUMBER
INV.
INVOICE
PAYMENT
BATCH
TRAN
NUMBER
DESCRIPTION
AMOUNT
NO.
VENDOR TOTAL
231.00
CAR300
CARQUEST
501
501
619
649
710-3542
SUPPLIES
17.02
T624
14
VENDOR TOTAL
17.02
CDW050
CDW GOVERNMENT INC
502
502
703
811
IN60744
MS OFFICE XP
333.09
T619
19
VENDOR TOTAL
333.09
CIM050
CIMA COMPANIES INC
101
104
625
703
CIM03-89
VOLUNTEER INSURANCE
539.20
T619
20
VENDOR TOTAL
539.20
CIT025
CITICORP VENDOR FINANCE
101
153
609
604
29201700
COPIER LEASE
148.75
T624
15
VENDOR TOTAL
148.75
CLE100
CLEAN STREET
101
453
621
616
36946
SWEEPING SVC
5243.52
T624
16
VENDOR TOTAL
5243.52
COA071
COACHELLA VALLEY PRINTING
101
104
647
000
34937
P/A FORMS
345.13
T619
21
VENDOR TOTAL
345.13
COR005
CORA CONSTRUCTORS
401
708
609
553
289
LQ SKATE PARK
73152.00
T619
22
COR005
CORA CONSTRUCTORS
401
679
609
553
286
COVE OASIS/LAKE CAHUILLA
18705.60
T619
23
VENDOR TOTAL
91857.60
COR150
CORPORATE EXPRESS
101
202
701
000
43442724
SUPPLIES
-21.50
T624
18
COR150
CORPORATE EXPRESS
101
153
703
811
41896638
SUPPLIES
37.16
T624
19
COR150
CORPORATE EXPRESS
101
202
701
000
41896638
SUPPLIES
53.43
T624
20
VENDOR TOTAL
69.09
COU325
COUNTRY CLUB MIRROR &
101
301
609
575
10406
WINDOW REPLACEMENT
400.00
T619
24
VENDOR TOTAL
400.00
CST100
CSTI OUTREACH
101
355
637
000
HAZ-MAT CLASS CERTIFICAT
85.00
T619
25
VENDOR TOTAL
85.00
00 CVIO50
CV ICE COMPANY INC
101
251
605
822
171075
BRUCE LEE MEMORIAL
90.00
T624
17
`' T
ACCOUNTS PAYABLE - AP5003
TO -BE
PAID INVOICES
12:31PM 06/24/03
CITY OF
LA QUINTA
FOR
BANK ID - DEF
PAGE 4
VENDOR
ACCOUNT
NUMBER
INV.
INVOICE
PAYMENT
BATCH
TRAN
NUMBER
DESCRIPTION
AMOUNT
NO.
VENDOR TOTAL
90.00
DBX100
DBX INC
401
716
609
553
R486-02
TRAFFIC SIG IMPROVEMENT
9000.00
T624
21
VENDOR TOTAL
9000.00
DEE100
TERRY DEERINGER
101
102
641
000
MILEAGE
73.44
T619
26
VENDOR TOTAL
73.44,
DEP250
DEPT TOXIC SUBSTANCE CTRL
101
357
609
607
EPA FEES/79-700 AVE
54
7.50
T619
34
DEP250
DEPT TOXIC SUBSTANCE CTRL
101
357
609
607
EPA FEES/CIVIC CENTER
175.00
T619
35
VENDOR TOTAL
182.50
DES018
DESERT ELECTRIC SUPPLY
101
454
703
847
S1055082
SUPPLIES
20.26
T619
27
VENDOR TOTAL
20.26
DESO47
DESERT PHOTO LAB/STUDIO
401
708
609
000
32029
INSPECTION PHOTOS
31.62
T619
28
DESO47
DESERT PHOTO LAB/STUDIO
401
717
609
000
32029
INSPECTION PHOTOS
5.27
T619
29
DESO47
DESERT PHOTO LAB/STUDIO
401
679
609
000
32029
INSPECTION PHOTOS
15.81
T619
30
VENDOR TOTAL
52.70
DES060
DESERT SUN PUBLISHING CO
101
201
651
000
DS015503
SUBSCRIPTION
85.17
T619
31
DES060
DESERT SUN PUBLISHING CO
101
253
657
000
2093376
RECRUITMENT
119.83
T624
22
DES060
DESERT SUN PUBLISHING CO
101
104
643
000
2095575
RECRUITMENT
678.16
T624
23
VENDOR TOTAL
883.16
DES065
DESERT TEMPS INC
101
354
505
534
30584
CONTRACT SVC
361.92
T619
32
DES065
DESERT TEMPS INC
101
452
605
000
30585
CONTRACT SVC
149.68
T619
33
DES065
DESERT TEMPS INC
101
354
505
534
30606
CONTRACT SVC
723.84
T624
24
DES065
DESERT TEMPS INC
101
452
605
000
30607
CONTRACT SVC
748.40
T624
25
VENDOR TOTAL
1983.84
DIE050
DIETERICH POST
101
452
647
000
583700
PLOTTER PAPER
91.01
T624
26
VENDOR TOTAL
91.01
EIS010
EISENHOWER IMMEDIATE CARE
101
104
603
000
10119-70
EMP EXAMS
125.00
T624
27
�
iJ
ACCOUNTS PAYABLE - AP5003
TO -BE
PAID INVOICES
12:31PM 06/24/03
CITY OF LA QUINTA
FOR
BANK ID - DEF
PAGE 5
VENDOR
ACCOUNT
NUMBER
INV.
INVOICE
PAYMENT
BATCH
TRAN
NUMBER
DESCRIPTION
AMOUNT
NO.
VENDOR TOTAL
125.00
ELM100
ELMS EQUIPMENT RENTAL INC
101
453
615
000
406999-0
EQUIPMENT RENTAL
109.87
T619
37
ELM100
ELMS EQUIPMENT RENTAL INC
101
453
615
000
406954-0
EQUIPMENT RENTAL
65.66
T619
38
ELM100
ELMS EQUIPMENT RENTAL INC
101
453
615
000
406790-0
EQUIPMENT RENTAL
409.76
T619
39
VENDOR TOTAL
585.29
END051
ENDICOTT ENTERPRISES
101
251
703
000
2031
AWARDS
263.99
T624
28
VENDOR TOTAL
263.99
ENR100
ENRG FUEL USA INC
501
501
619
646
E1107003
CNG FUEL PURCHASES
34.01
T624
29
VENDOR TOTAL
34.01
ENT050
ENTERPRISE RENT -A -CAR
101
000
416
000
4428
REFUND BUSINESS LIC
OVER
516.40
T619
40
VENDOR TOTAL
516.40
EQUO10
DALE EQUITZ
101
351
609
000
PARKING VIOLATION
HEARIN
75.00
T619
36
VENDOR TOTAL
75.00
EVA050
DAVID EVANS & ASSOC INC
401
639
609
553
125810
CIVIC CTR CAMPUS
PARK
965.00
T624
30
VENDOR TOTAL
965.00
EXP200
EXPRESS DETAIL
501
501
619
651
65662
VEHICLE WASHES
415.00
T619
41
EXP200
EXPRESS DETAIL
501
501
619
651
66653
VEHICLE WASHES
395.00
T624
31
VENDOR TOTAL
810.00
FAL050
JOHN FALCONER
101
153
635
660
03527753
REIMB/PAGER 1 YR
SVC
96.58
T619
42
VENDOR TOTAL
96.58
FIR005
FIRELINE FIRE EQUIPMENT
101
357
609
613
301795
EXTINGUISHER SVC
402.42
T619
43
FIR005
FIRELINE FIRE EQUIPMENT
101
202
609
613
301796
FIRE EXTINGUISHER
SVC
49.38
T624
32
VENDOR TOTAL
451.80
FIR015
FIRST AMERICAN REAL
101
351
609
000
20110939
METROSCAN
151.49
T619
44
O
T�
ACCOUNTS PAYABLE - AP5003
TO -BE
PAID INVOICES
12:31PM 06/24/03
CITY OF LA QUINTA
FOR
BANK ID - DEF
PAGE 6
VENDOR
ACCOUNT
NUMBER
INV.
INVOICE
PAYMENT
BATCH
TRAN
NUMBER
DESCRIPTION
AMOUNT
NO.
VENDOR TOTAL
151.49
FIR017
FIRST CHOICE SERVICES
101
153
703
880
0572383
COFFEE SUPPLIES
80.46
T624
33
VENDOR TOTAL
80.46
FOU100
FOUNDATION FOR RETARDED
101
103
637
000
E1416
EMBROIDERY/4 CITY
SHIRTS
35.56
T619
45
VENDOR TOTAL
35.56
GABO50
GABRIEL'S WROUGHT IRON
101
352
609
615
2678
GATE
650.00
T624
34
VENDOR TOTAL
650.00
GAR040
GARZA TURF & POWER EQUIP
101
453
703
847
6053
SUPPLIES
53.83
T619
46
VENDOR TOTAL
53.83
GMA100
GMA
401
723
605
000
03-05-14
THE RANCH
17600.00
T624
35
VENDOR TOTAL
17600.00
GUY100
GUYS & GALS UNIFORMS
101
353
617
000
28995
UNIFORMS
188.73
T624
36
GUY100
GUYS & GALS UNIFORMS
101
353
617
000
28987
UNIFORMS
107.20
T624
37
VENDOR TOTAL
295.93
HAR100
JOHN HARDCASTLE
101
355
637
000
MILEAGE REIMB
37.44
T624
38
VENDOR TOTAL
37.44
HIG010
HIGH TECH IRRIGATION INC
101
454
609
000
595518
SUPPLIES
68.94
T624
39
HIG010
HIGH TECH IRRIGATION INC
101
454
609
000
595519
SUPPLIES
169.79
T624
40
VENDOR TOTAL
238.73
HIL150
HILTON FARNKOPF &
101
402
605
542
9705720
AB939
14208.75
T619
48
VENDOR TOTAL
14208.75
HIN010
HINDERLITER, DE LLAMAS
101
151
603
000
8529
SALES TAX AUDIT
1184.55
T619
47
VENDOR TOTAL
1184.55
HOA010
HUGH HOARD INC
101
202
609
610
36910
HVAC SERVICE
130.00
T619
49
N-+
ry
ACCOUNTS PAYABLE - AP5003
TO -BE
PAID INVOICES
12:31PM 06/24/03
CITY OF LA QUINTA
FOR
BANK ID - DEF
PAGE 7
VENDOR
ACCOUNT
NUMBER
INV.
INVOICE
PAYMENT
BATCH
TRAN
NUMBER
DESCRIPTION
AMOUNT
NO.
HOA010
HUGH HOARD INC
101
202
609
610
36910
HVAC SERVICE
75.50
T619
50
HOA010
HUGH HOARD INC
101
202
609
610
37712
HVAC SERVICE
75.50
T619
51
HOA010
HUGH HOARD INC
401
723
695
000
37684
AIR COND REPAIRS
113.25
T619
52
HOA010
HUGH HOARD INC
101
357
621
000
37877
AIR COND REPAIRS
151.00
T619
53
VENDOR TOTAL
545.25
HOM030
HOME DEPOT
101
453
703
833
3021467
SUPPLIES
111.20
T624
41
HOM030
HOME DEPOT
101
454
703
847
8150203
SUPPLIES
16.13
T624
42
HOM030
HOME DEPOT
101
357
705
000
7150367
SUPPLIES
268.30
T624
43
HOM030
HOME DEPOT
101
454
703
825
0021657
SUPPLIES
94.04
T624
44
HOM030
HOME DEPOT
101
454
703
847
0021639
SUPPLIES
110.26
T624
45
VENDOR TOTAL
599.93
HO0050
FAYE HOOPER
101
202
609
592
INSTRUCTOR
120.00
T624
46
VENDOR TOTAL
120.00
HTE100
HTE INC
502
502
703
812
835663
SOFTWARE
5500.00
T619
54
HTE100
HTE INC
502
502
703
812
835812
TRAVEL
308.00
T619
55
VENDOR TOTAL
5808.00
JAS100
JAS PACIFIC INC
101
354
605
547
BI8070
CONTRACT SVC
8623.36
T619
56
VENDOR TOTAL
8623.36
JIF100
JIFFY LUBE/AFMS
501
501
619
650
28241057
VEHICLE MAINT
148.47
T619
57
VENDOR TOTAL
148.47
JPRO10
JP REPROGRAPHICS
101
454
703
847
76358
COPIES
32.33
T619
58
JPRO10
JP REPROGRAPHICS
101
402
647
000
19360
GENERAL PLAN/ENVIRO
ASSE
1119.10
T619
59
VENDOR TOTAL
1151.43
KRI100
BRUCE KRIBBS CONSTRUCTION
401
696
609
553
2040
INSTALL 5 OBLISKS
1750.00
T624
47
KRI100
BRUCE KRIBBS CONSTRUCTION
401
708
609
553
1042
INSTALL TRASH RECEPTACLE
450.00
T624
48
KRI100
BRUCE KRIBBS CONSTRUCTION
401
708
609
553
1043
FRITZ BURNS PARK
700.00
T624
49
KRI100
BRUCE KRIBBS CONSTRUCTION
101
454
603
000
LMC93
LIGHTING MAINT/REPAIRS
7372.00
T624
50
N
i^
ACCOUNTS PAYABLE - AP5003
CITY OF LA QUINTA
VENDOR
LAB100 LAB SAFETY SUPPLY INC
LAQ030 LA QUINTA CAR WASH
L00010 LOCK SHOP INC
LOW100 LOWE'S COMPANIES INC
LOW100 LOWE'S COMPANIES INC
LUN050 LUNDEEN PACIFIC CORP
LUN050 LUNDEEN PACIFIC CORP
MEE100 WAYNE MEEDS
MIN010 MINUTEMAN PRESS
MIT200 MITY-LITE INC
MIT200 MITY-LITE INC
M00095 MOORE MAINTENANCE &
M00095 MOORE MAINTENANCE &
M00095 MOORE MAINTENANCE &
M00095 MOORE MAINTENANCE &
M00095 MOORE MAINTENANCE &
w.►
WG;
TO -BE
PAID INVOICES
12:31PM 06/24/03
FOR
BANK ID - DEF
PAGE 8
ACCOUNT
NUMBER
INV.
INVOICE
PAYMENT
BATCH
TRAN
NUMBER
DESCRIPTION
AMOUNT
NO.
VENDOR TOTAL
10272.00
101
355
637
000
10034155
SAFETY TRAINING VIDEOS
370.44
T624
51
VENDOR TOTAL
370.44
501
501
619
651
3
VEHICLE WASHES
13.95
T619
60
VENDOR TOTAL
13.95
101
357
703
000
214700
GOLF CART KEYS
56.57
T624
52
VENDOR TOTAL
56.57
101
357
703
000
02081659
SUPPLIES
161.04
T624
53
101
251
703
000
02081679
SUMMER CAMP SUPPLIES
568.48
T624
54
VENDOR TOTAL
729.52
101
454
621
628
7546
PALM TREE TRIMMING
22814.00
T619
61
101
454
609
000
7546
LANDSCAPE MAINT
9091.71
T619
62
VENDOR TOTAL
31905.71
101
202
609
592
INSTRUCTOR
160.00
T624
55
VENDOR TOTAL
160.00
101
251
647
000
417855
BROCHURES
1400.75
T624
56
VENDOR TOTAL
1400.75
501
501
855
000
731824P
CARD TABLES/RACK
455.00
T624
57
101
202
705
000
731824P
CARD TABLES/RACK
157.04
T624
58
VENDOR TOTAL
612.04
101
357
609
634
17431
JANITORIAL SVC
3025.00
T624
59
101
202
609
634
17431
JANITORIAL SVC
800.00
T624
60
101
251
609
634
17431
JANITORIAL SVC
350.00
T624
61
101
202
609
634
17308
JANITORIAL SVC
190.00
T624
62
101
000
438
457
17199
JANITORIAL SVC
95.00
T624
63
ACCOUNTS PAYABLE - AP5003
TO -BE
PAID INVOICES
12:31PM 06/24/03
CITY OF
LA QUINTA
FOR
BANK ID - DEF
PAGE 9
VENDOR
ACCOUNT
NUMBER
INV.
INVOICE
PAYMENT
BATCH
TRAN
NUMBER
DESCRIPTION
AMOUNT
NO.
VENDOR TOTAL 4460.00
MUN010
MUNI FINANCIAL SERV
INC
710
000
267
000
28271
DELIQUENCY MGMNT SVC
282.96
T619
63
MUN010
MUNI FINANCIAL SERV
INC
715
000
267
000
28271
DELIQUENCY MGMNT SVC
389.07
T619
64
MUN010
MUNI FINANCIAL SERV
INC
720
000
267
000
28271
DELIQUENCY MGMNT SVC
1881.45
T619
65
MUN010
MUNI FINANCIAL SERV
INC
725
000
267
000
28271
DELIQUENCY MGMNT SVC
2567.54
T619
66
MUN010
MUNI FINANCIAL SERV
INC
730
000
267
000
28271
DELIQUENCY MGMNT SVC
1457.57
T619
67
MUN010
MUNI FINANCIAL SERV
INC
735
000
267
000
28271
DELIQUENCY MGMNT SVC
162.22
T619
68
MUN010
MUNI FINANCIAL SERV
INC
740
000
267
000
28271
DELIQUENCY MGMNT SVC
1382.57
T619
69
MUN010
MUNI FINANCIAL SERV
INC
401
683
668
560
28196
ARBITRAGE REBATE SVC
1750.00
T619
70
MUN010
MUNI FINANCIAL SERV
INC
401
683
668
560
28251
ARBITRAGE REBATE SVC
2000.00
T619
71
VENDOR TOTAL 11873.38
NAT090
NATIONAL GOLF FOUNDATION
101
102
649
000
MEMBERSHIP
99.00
T619
72
VENDOR TOTAL 99.00
NEX010
NEXTEL COMMUNICATIONS
101
153
635
660
36791431
WIRELESS PHONE SVC
65.46
T624
65
VENDOR TOTAL 65.46
OFF005
OFFICE DEPOT INC
101
201
701
000
20754899
SUPPLIES
74.57
T624
66
OFF005
OFFICE DEPOT INC
101
153
703
802
20754899
SUPPLIES
279.35
T624
67
OFF005
OFFICE DEPOT INC
101
151
701
000
20763275
SUPPLIES
15.27
T624
68
OFF005
OFFICE DEPOT INC
101
151
701
000
27089259
SUPPLIES
189.61
T624
69
VENDOR TOTAL 558.80
OWE020
OWEN & BRADLEY
715
000
267
000
11649
LGL SVC/CHAVEZ 89-2
104.00
T619
73
OWE020
OWEN & BRADLEY
715
000
267
000
11648
LGL SVC/AVCO 89-2
5132.05
T619
74
VENDOR TOTAL 5236.05
PAR057
PARSONS BRICKERHOFF
QUADE
101
452
603
000
01
ENGINEERING SVC/ROUNDABO
2994.44
T619
75
VENDOR TOTAL 2994.44
PET200
P F PETTIBONE & CO
101
401
701
000
4341
SUPPLIES
519.80
T619
76
VENDOR TOTAL 519.80
F�
�. POS050
POSITIVE PROMOTIONS
101
202
703
000
13166870
VOLUNTEER SUPPLIES
64.80
T624
70
Cti�
ACCOUNTS PAYABLE - AP5003
TO -BE
PAID INVOICES
12:31PM 06/24/03
CITY OF
LA QUINTA
FOR
BANK ID - DEF
PAGE 10
VENDOR
ACCOUNT
NUMBER
INV.
INVOICE
PAYMENT
BATCH
TRAN
NUMBER
DESCRIPTION
AMOUNT
NO.
VENDOR TOTAL
64.80
PRI020
THE PRINTING PLACE
101
301
609
562
031542
BUSINESS CARDS
86.20
T619
77
VENDOR TOTAL
86.20
PR0005
PROFESSIONAL SERVICE IND
401
717
609
000
165150
TESTING/MISC IMP
56.00
T624
71
VENDOR TOTAL
56.00
RAL050
RALPHS GROCERY CO
101
101
637
000
10342644
SUPPLIES
63.57
T624
72
VENDOR TOTAL
63.57
RAS020
RASA - ERIC NELSON
101
452
609
557
2765
PLAN CHECK SVC
280.00
T624
73
RAS020
RASA - ERIC NELSON
101
452
609
557
2764
PLAN CHECK SVC
800.00
T624
74
RAS020
RASA - ERIC NELSON
101
452
609
557
2753
PLAN CHECK SVC
280.00
T624
75
RAS020
RASA - ERIC NELSON
101
452
609
557
2750
PLAN CHECK SVC
123.00
T624
76
VENDOR TOTAL
1483.00
RES005
RESERVE ACCOUNT
101
153
645
000
11762499
POSTAGE FOR METER
4000.00
T619
79
VENDOR TOTAL
4000.00
REV050
REVENUE EXPERTS INC
101
352
609
000
2107
CITATIONS PROCESSING
1606.00
T619
78
VENDOR TOTAL
1606.00
RIV030
RIVERSIDE COUNTY CLERK
101
352
609
615
308272
774-115-015 LEIN RECORDI
11.00
T624
77
VENDOR TOTAL
11.00
RIV080
RIVERSIDE COUNTY HEALTH
101
353
609
583
APR 2003
ANIMAL SHELTER SVC
1520.00
T619
80
VENDOR TOTAL
1520.00
RIV110
RIVERSIDE COUNTY SHERIFFS
101
301
609
574
816
BOOKING FEES
3532.80
T619
81
VENDOR TOTAL
3532.80
RIV325
RIVERSIDE RUBBER STAMP
101
151
701
000
03-34449
SUPPLIES
42.09
T619
82
VENDOR TOTAL
42.09
Mom+
Ul RON100
RON'S TOWING & STORAGE
501
501
619
650
46104
TOWING SVC
69.00
T619
83
ACCOUNTS PAYABLE - AP5003
TO -BE
PAID INVOICES
12:31PM 06/24/03
CITY OF
LA QUINTA
FOR
BANK ID - DEF
PAGE 11
VENDOR
ACCOUNT
NUMBER
INV.
INVOICE
PAYMENT
BATCH
TRAN
NUMBER
DESCRIPTION
AMOUNT
NO.
VENDOR TOTAL
69.00
SAN005
SAN BERNARDINO COUNTY SUN
101
104
643
000
7777000
RECUITMENT ADS
163.58
T624
78
VENDOR TOTAL
163.58
SAN200
SAN DIEGO ROTARY BROOM CO
501
501
619
653
227391
STRET SWEEPER BROOMS
323.25
T619
84
VENDOR TOTAL
323.25
SAX100
SAXON ENGINEERING SERVICE
101
354
605
547
03-554
PLAN CHECK FEES
350.00
T623
1
SAX100
SAXON ENGINEERING SERVICE
101
354
605
547
03-553
PLAN CHECK FEES
1540.00
T623
2
SAX100
SAXON ENGINEERING SERVICE
101
354
605
547
03-552
PLAN CHECK FEES
1680.00
T623
3
SAX100
SAXON ENGINEERING SERVICE
101
354
605
547
03-551
PLAN CHECK FEES
1120.00
T623
4
SAX100
SAXON ENGINEERING SERVICE
101
354
605
547
03-550
PLAN CHECK FEES
1400.00
T623
5
VENDOR TOTAL
6090.00
SCI100
LOUISE SCIUTTO
101
202
609
592
INSTRUTOR
120.00
T624
79
VENDOR TOTAL
120.00
SHE010
SHEA HOMES
101
000
418
000
0304-256
REFUND BLDG PERMIT
567.60
T623
6
SHE010
SHEA HOMES
101
000
421
000
0304-256
REFUND BLDG PERMIT
60.00
T623
7
SHE010
SHEA HOMES
101
000
420
000
0304-256
REFUND BLDG PERMIT
73.66
T623
8
SHE010
SHEA HOMES
101
000
419
000
0304-256
REFUND BLDG PERMIT
93.40
T623
9
SHE010
SHEA HOMES
101
000
241
000
0304-256
REFUND BLDG PERMIT
9.54
T623
10
SHE010
SHEA HOMES
101
000
423
000
0304-256
REFUND BLDG PERMIT
12.00
T623
11
SHE010
SHEA HOMES
250
000
440
000
0304-256
REFUND BLDG PERMIT
1098.00
T623
12
SHE010
SHEA HOMES
251
000
440
000
0304-256
REFUND BLDG PERMIT
502.00
T623
13
SHE010
SHEA HOMES
252
000
440
000
0304-256
REFUND BLDG PERMIT
366.00
T623
14
SHE010
SHEA HOMES
257
000
440
000
0304-256
REFUND BLDG PERMIT
97.00
T623
15
SHE010
SHEA HOMES
253
000
440
000
0304-256
REFUND BLDG PERMIT
225.00
T623
16
SHE010
SHEA HOMES
254
000
440
000
0304-256
REFUND BLDG PERMIT
97.00
T623
17
SHE010
SHEA HOMES
255
000
440
000
0304-256
REFUND BLDG PERMIT
15.00
T623
18
SHE010
SHEA HOMES
256
000
440
000
0304-256
REFUND BLDG PERMIT
5.00
T623
19
SHE010
SHEA HOMES
101
000
249
000
73718
REFUND BLDG PERMIT
OVERP
36.00
T623
20
VENDOR TOTAL
3257.20
Fes+
Ot.;ZIM040
SIMPLER LIFE EMERGENCY
101
355
703
819
12037
STRETCHERS
999.99
T624
80
ACCOUNTS PAYABLE - AP5003
TO -BE
PAID INVOICES
12:31PM 06/24/03
CITY OF
LA QUINTA
FOR
BANK ID - DEF
PAGE 12
VENDOR
ACCOUNT
NUMBER
INV.
INVOICE
PAYMENT
BATCH
TRAN
NUMBER
DESCRIPTION
AMOUNT
NO.
VENDOR TOTAL 999.99
SMA010
SMART & FINAL
101
353
703
815
80574
SUPPLIES
135.69
T624
81
SMA010
SMART & FINAL
101
253
661
000
79209
SUPPLIES
149.71
T624
82
SMA010
SMART & FINAL
101
202
703
000
80597
SUPPLIES
249.73
T624
83
VENDOR TOTAL 535.13
SMI150
MALCOLM SMITH MOTORSPORTS
101
301
609
571
5022485
MOTORCYCLE REPAIRS
301.21
T623
21
VENDOR TOTAL 301.21
S00010
THE SOCO GROUP INC
501
501
619
646
602883
FUEL PURCHASES
79.76
T624
84
VENDOR TOTAL 79.76
S00007
SOUTHWEST NETWORKS, INC
502
502
855
000
03-5181
CITRIX SERVER SOFTWARE U
7399.19
T623
36
S00007
SOUTHWEST NETWORKS, INC
502
502
609
601
03-5207
ARCSERVE UPGRADES
1984.76
T623
37
S00007
SOUTHWEST NETWORKS, INC
502
502
609
601
03-5204
COMPUTER SVC
2031.25
T623
38
S00007
SOUTHWEST NETWORKS, INC
502
502
609
601
03-5162
COMPUTER SVC
877.50
T623
39
SOU007
SOUTHWEST NETWORKS, INC
502
502
609
601
03-5264
COMPUTER SVC
390.00
T624
85
VENDOR TOTAL 12682.70
SOU008
SOUTHWEST MOBILE STORAGE
401
673
609
553
16482
CONST CARGO CONTAINER
215.50
T623
22
VENDOR TOTAL 215.50
SPE070
SPENCER FLOORS INC
101
357
621
000
229
KITCHEN FLOOR REPAIRS
350.00
T624
86
VENDOR TOTAL 350.00
SSW100
S&S WORLDWIDE
101
251
703
000
4267731
SUMMER BREAK SUPPLIES
128.76
T624
87
VENDOR TOTAL 128.76
STA049
STAPLES BUSINESS ADVANTGE
101
351
701
000
30372360
SUPPLIES
9.64
T623
23
STA049
STAPLES BUSINESS ADVANTGE
101
452
703
000
30369756
SUPPLIES
15.67
T623
24
STA049
STAPLES BUSINESS ADVANTGE
101
151
701
000
30372360
SUPPLIES
26.60
T623
25
STA049
STAPLES BUSINESS ADVANTGE
101
151
701
000
30372360
SUPPLIES
39.82
T623
26
STA049
STAPLES BUSINESS ADVANTGE
101
151
701
000
30372360
SUPPLIES
19.18
T623
27
N
J
0
ACCOUNTS PAYABLE - AP5003
TO -BE
PAID INVOICES
12:31PM 06/24/03
CITY OF LA QUINTA
FOR
BANK ID - DEF
PAGE 13
VENDOR
ACCOUNT
NUMBER
INV.
INVOICE
PAYMENT
BATCH
TRAN
NUMBER
DESCRIPTION
AMOUNT
NO.
STA049
STAPLES BUSINESS
ADVANTGE
101
153
703
802
30372920
SUPPLIES
40.73
T623
28
STA049
STAPLES BUSINESS
ADVANTGE
101
201
701
000
30372920
SUPPLIES
62.17
T623
29
STA049
STAPLES BUSINESS
ADVANTGE
101
153
703
802
30369419
SUPPLIES
244.79
T623
30
STA049
STAPLES BUSINESS
ADVANTGE
101
151
701
000
30372360
SUPPLIES
121.59
T623
31
STA049
STAPLES BUSINESS
ADVANTGE
101
452
703
000
30372920
SUPPLIES
79.86
T623
32
STA049
STAPLES BUSINESS
ADVANTGE
101
153
703
802
30372920
SUPPLIES
122.39
T623
33
STA049
STAPLES BUSINESS
ADVANTGE
101
351
701
000
30369419
SUPPLIES
125.53
T623
34
STA049
STAPLES BUSINESS
ADVANTGE
101
301
609
580
30369419
SUPPLIES
53.88
T623
35
STA049
STAPLES BUSINESS
ADVANTGE
101
452
703
000
30369419
SUPPLIES
27.21
T623
40
STA049
STAPLES BUSINESS
ADVANTGE
101
153
703
811
30369419
SUPPLIES
235.34
T623
41
STA049
STAPLES BUSINESS
ADVANTGE
101
452
703
000
30369419
SUPPLIES
25.42
T623
42
STA049
STAPLES BUSINESS
ADVANTGE
101
153
703
811
30369419
SUPPLIES
50.59
T623
43
STA049
STAPLES BUSINESS
ADVANTGE
101
301
609
580
57281911
SUPPLIES
247.14
T624
88
VENDOR TOTAL
1547.55
STE003
M W STEELE GROUP
INC
401
702
605
000
110#12
CONT SVC/LA QUINTA
LIBRA
79584.05
T623
44
VENDOR TOTAL
79584.05
SYM051
SYMANTEC ORDER SERVICES
502
502
609
599
VIRUS PROTECTION/UPDATES
34.95
T623
45
VENDOR TOTAL
34.95
TER100
TERRA NOVA PLANNING
&
101
402
605
000
TN119832
PROFESSIONAL SVC
5278.24
T623
46
VENDOR TOTAL
5278.24
TOPO10
TOPS'N BARRICADES
INC
101
453
615
000
954877
EQUIPMENT RENTAL
4.00
T623
53
TOPO10
TOPS'N BARRICADES
INC
101
453
615
000
954878
EQUIPMENT RENTAL
295.00
T623
54
TOPO10
TOPS'N BARRICADES
INC
101
453
703
833
20260
SIGNS
203.65
T624
89
VENDOR TOTAL
502.65
TRA007
TRAFFEX ENGINEERS
INC
101
452
605
000
1
CONTRACT TRAFFIC ENGINEE
3036.65
T623
47
TRA007
TRAFFEX ENGINEERS
INC
101
452
603
000
03-01
STRIPING PLAN-AVE
58/MAD
2500.00
T623
48
VENDOR TOTAL
5536.65
TRA200
STEVEN TRAXEL
101
354
637
000
CERTIFICATION REIMBURSEM
50.00
T623
49
c,j
CA
ACCOUNTS PAYABLE — AP5003
TO —BE
PAID INVOICES
12:31PM 06/24/03
CITY OF LA QUINTA
FOR
BANK ID — DEF
PAGE 14
VENDOR
ACCOUNT NUMBER
INV.
INVOICE
PAYMENT
BATCH
TRAN
NUMBER
DESCRIPTION
AMOUNT
NO.
VENDOR TOTAL
50.00
TRIO10
TRI LAKE CONSULTANTS INC
101
456
603
000
1484
INSPECTION SVC
23686.00
T623
50
TRIO10
TRI LAKE CONSULTANTS INC
401
708
609
000
1484
INSPECTION SVC
3614.00
T623
51
TR1010
TRI LAKE CONSULTANTS INC
401
679
609
000
1484
INSPECTION SVC
3562.00
T623
52
VENDOR TOTAL
30862.00
TRI100
TRI STATE LAND SURVEYORS
401
694
609
000
3679
SURVEY SVC
2500.00
T624
90
VENDOR TOTAL
2500.00
TRU010
TRULY NOLEN INC
101
357
609
637
066-0105
PEST CONTROL SVC
88.00
T623
55
TRU010
TRULY NOLEN INC
101
251
609
634
066-0103
PEST CONTROL SVC
30.00
T624
91
TRU010
TRULY NOLEN INC
101
202
609
637
066-0106
PEST CONTROL SVC
75.00
T624
92
VENDOR TOTAL
193.00
VAL005
VALLEY ANIMAL CLINIC
101
353
605
544
691
VET SVC
130.00
T624
94
VENDOR TOTAL
130.00
VAL020
VALLEY PLUMBING
101
357
621
000
WT036151
DISHWASHER LEAK REPAIR
115.70
T623
56
VAL020
VALLEY PLUMBING
101
357
621
000
WT036055
PLUMBING REPAIRS
144.00
T623
57
VAL020
VALLEY PLUMBING
101
251
621
000
WT036396
RESTROOM FIXTURES/FRTZ B
7180.00
T624
95
VENDOR TOTAL
7439.70
VAL200
VALLEY PARTNERSHIP
101
104
603
000
EAP SVC
142.00
T624
93
VENDOR TOTAL
142.00
VAN075
VANDORPE CHOU ASSOC INC
101
354
605
547
3080
PLAN CHECK SVC
3225.00
T623
58
VENDOR TOTAL
3225.00
VONO10
VON'S C/O SAFEWAY INC
101
202
703
000
3414
SUPPLIES
17.97
T624
96
VENDOR TOTAL
17.97
WALO10
WAL MART COMMUNITY
101
202
703
000
111824
SUPPLIES
203.51
T624
97
VENDOR TOTAL
203.51
Fes+
�Z WASO11
WASTE MANAGEMENT OF THE
101
301
627
000
86800943
TRASH COLLECTION
65.60
T624
98
C—%
ACCOUNTS PAYABLE - AP5003
TO -BE
PAID INVOICES
12:31PM 06/24/03
CITY OF LA QUINTA
FOR
BANK ID - DEF
PAGE 15
VENDOR
ACCOUNT
NUMBER
INV.
INVOICE
PAYMENT
BATCH
TRAN
NUMBER
DESCRIPTION
AMOUNT
NO.
VENDOR TOTAL
65.60
WHE050
WHEELER'S
101
103
651
000
DEMOGRAPHIC PROFILES
200
150.00
T623
59
WHE050
WHEELER'S
101
103
651
000
SUBSCRIPTION
125.00
T623
60
VENDOR TOTAL
275.00
WIR100
WIRELESS WEST
101
153
635
660
4681
WIRELESS PHONE
REPAIRS/P
134.43
T623
61
WIR100
WIRELESS WEST
101
153
635
660
4573
WIRELESS PHONE
REPAIRS/P
45.00
T623
62
WIR100
WIRELESS WEST
101
153
635
660
4705
WIRELESS PHONE
185.00
T624
99
WIR100
WIRELESS WEST
101
153
635
660
4692
WIRELESS PHONE
REPAIR
44.40
T624
100
VENDOR TOTAL
408.83
W00020
WOODCREST UNIFORM
101
301
609
571
OE230995
LA QUINTA PATCH
791.96
T623
63
VENDOR TOTAL
791.96
WOO100
DEBBIE WOODRUFF
101
202
609
592
INSTRUCTOR
308.00
T624
101
VENDOR TOTAL
308.00
TO -BE PAID - PAYMENT
TOTAL 434,092.04
ACCOUNTS
PAYABLE - AP5005
CHECK
REGISTER
1:12PM 06/19/03
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.***
54385
06/19/03
BEA050
BEAR COM
9733.27
54386
06/19/03
CAL167
CALPERS LONG-TERM CARE
26.31
54387
06/19/03
COA080
COACHELLA VALLEY WATER
2938.22
54388
06/19/03
DEP009
DEPT OF CRIMINAL JUSTICE
128.00
54389
06/19/03
ELRO10
EL RANCHITO
271.69
54390
06/19/03
HOP150
ROGER HOPKINS
17750.00
54391
06/19/03
JAC150
STEVEN JACOBS
182.00
54392
06/19/03
LAQ050
LA QUINTA CITY EMPLOYEES
543.29
54393
06/19/03
NAW010
RON NAWROCKI
1353.00
54394
06/19/03
NAW011
AIRI ANNA LIISA NAWROCKI
147.00
54395
06/19/03
POW300
POWER PERSONNEL INC
1761.84
54396
06/19/03
PRE007
PREMISE INELLIGENCE
300.00
54397
06/19/03
RAS035
CHARLOTTE RASHMI-GRAFF
273.00
54398
06/19/03
RIV040
RIVERSIDE CNTY DEPT CHILD
426.50
54399
06/19/03
SAY100
JEANIE SAYER
105.00
54400
06/19/03
SCI100
LOUISE SCIUTTO
40.70
54401
06/19/03
SOU002
SOUL OF CHINA
47.08
54402
06/19/03
STA044
DARREN STANLEY
62.50
54403
06/19/03
TIM075
TIME WARNER CABLE
142.85
54404
06/19/03
UNIO05
UNITED WAY OF THE DESERT
182.00
54405
06/19/03
VAL200
VALLEY PARTNERSHIP
200.00
54406
06/19/03
VER200
VERIZON
905.49
54407
06/19/03
VER210
VERIZON INTERNET SOLUTION
84.80
54408
06/19/03
WAS001
WASHINGTON 111 LTD
3750.00
54409
06/19/03
WAS011
WASTE MANAGEMENT OF THE
88.84
54410
06/19/03
WE1050
MARK WEISS
33.00
CHECK TOTAL 41,476.38
is
21
ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 1:06PM 06/19/03
CITY OF LA QUINTA FOR BANK ID - DEF PAGE 1
VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN
NUMBER DESCRIPTION AMOUNT NO.
BEA050 BEAR COM
BEA050 BEAR COM
214 711 703 000
214 711 703 000
CAL167 CALPERS LONG-TERM CARE 101 000 238 000
COA080
COACHELLA
VALLEY
WATER
101
202
631
000
COA080
COACHELLA
VALLEY
WATER
101
202
631
000
COA080
COACHELLA
VALLEY
WATER
101
454
631
663
COA080
COACHELLA
VALLEY
WATER
101
454
631
632
COA080
COACHELLA
VALLEY
WATER
101
454
631
632
COA080
COACHELLA
VALLEY
WATER
101
454
631
668
COA080
COACHELLA
VALLEY
WATER
101
454
631
668
COA080
COACHELLA
VALLEY
WATER
101
454
631
668
COA080
COACHELLA
VALLEY
WATER
101
454
631
668
COA080
COACHELLA
VALLEY
WATER
101
454
631
668
COA080
COACHELLA
VALLEY
WATER
101
454
631
668
COA080
COACHELLA
VALLEY
WATER
101
454
631
632
COA080
COACHELLA
VALLEY
WATER
101
454
631
632
DEP009 DEPT OF CRIMINAL JUSTICE 101 251 603 000
ELRO10 EL RANCHITO 101 101 637 000
HOP150 ROGER HOPKINS 270 710 858 000
JAC150 STEVEN JACOBS 101 253 609 592
�1
N
N LAQ050 LA QUINTA CITY EMPLOYEES 101 000 223 000
2286299
SUPPLIES
4503.52
TEMG
2465008
SUPPLIES
5229.75
TEMG
VENDOR TOTAL
9733.27
P/R Distr.-LG TM
CR-PERS
26.31
T999
VENDOR TOTAL
26.31
60706300
WATER SVC
13.00
TEMG
60706300
WATER SVC
110.50
TEMG
60613142
WATER SVC
40.56
TEMG
50720330
WATER SVC
161.46
TEMG
60706311
WATER SVC
200.92
TEMG
50720354
WATER SVC
2204.04
TEMG
50720354
WATER SVC
13.00
TEMG
50720354
WATER SVC
23.50
TEMG
50720354
WATER SVC
23.50
TEMG
50720353
WATER SVC
23.50
TEMG
50720353
WATER SVC
23.50
TEMG
60601479
WATER SVC
20.72
TEMG
60601484
WATER SVC
80.02
TEMG
VENDOR TOTAL
2938.22
FINGERPRINT BACKGROUND C
128.00
TEMG
VENDOR TOTAL
128.00
CITY COUNCIL DINNER
271.69
TEMG
VENDOR TOTAL
271.69
ART PURCHASE
17750.00
TEMG
VENDOR TOTAL
17750.00
INSTRUCTOR
182.00
TEMG
VENDOR TOTAL
182.00
P/R Distr.-L.Q.C.E.A.
DU
543.29
T999
6
7
1
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2
ACCOUNTS PAYABLE - AP5003
TO -BE
PAID INVOICES
1:06PM 06/19/03
CITY OF
LA QUINTA
FOR
BANK ID - DEF
PAGE 2
VENDOR
ACCOUNT
NUMBER
INV.
INVOICE
PAYMENT
BATCH
TRAN
NUMBER
DESCRIPTION
AMOUNT
NO.
VENDOR TOTAL
543.29
NAW010
RON NAWROCKI
401
702
609
000
2896
PROJECT SIGN
1000.00
TEMG
25
NAW010
RON NAWROCKI
401
727
609
000
2895
PROJECT SIGN
500.00
TEMG
26
NAW010
RON NAWROCKI
101
000
249
000
JUNE 200
COURT ORDER
-147.00
TEMG
27
VENDOR TOTAL
1353.00
NAW011
AIRI ANNA LIISA NAWROCKI
101
000
249
000
JUNE 200
COURT ORDER/RON
NAWROCKI
147.00
TEMG
28
VENDOR TOTAL
147.00
POW300
POWER PERSONNEL INC
101
456
603
000
5707
CONTRACT SVC
739.84
TEMG
29
POW300
POWER PERSONNEL INC
101
401
505
534
5706
CONTRACT SVC
438.00
TEMG
30
POW300
POWER PERSONNEL INC
101
401
505
534
5772
CONTRACT SVC
584.00
TEMG
31
VENDOR TOTAL
1761.84
PRE007
PREMISE INELLIGENCE
101
251
663
657
SKATE PARK DEMONSTRATION
300.00
TEMG
32
VENDOR TOTAL
300.00
RAS035
CHARLOTTE RASHMI-GRAFF
101
253
609
592
INSTRUCTOR
273.00
TEMG
33
VENDOR TOTAL
273.00
RIV040
RIVERSIDE CNTY DEPT CHILD
101
000
221
000
P/R Distr.-GARNISH-RIV D
426.50
T999
3
VENDOR TOTAL
426.50
SAY100
JEANIE SAYER
101
253
609
592
INSTRUCTOR
105.00
TEMG
34
VENDOR TOTAL
105.00
SCI100
LOUISE SCIUTTO
101
202
703
000
INSTRUCTOR
40.70
TEMG
35
VENDOR TOTAL
40.70
S00002
SOUL OF CHINA
101
104
637
000
INTERVIEW PANEL
LUNCH
47.08
TEMG
36
VENDOR TOTAL
47.08
STA044
DARREN STANLEY
101
000
221
000
P/R Distr.-GARNISH
- STA
62.50
T999
4
N
W
0
ACCOUNTS PAYABLE - AP5003
TO -BE
PAID INVOICES
1:06PM 06/19/03
CITY OF LA QUINTA
FOR
BANK ID - DEF
PAGE 3
VENDOR
ACCOUNT
NUMBER
INV.
INVOICE
PAYMENT
BATCH
TRAN
NUMBER
DESCRIPTION
AMOUNT
NO.
VENDOR TOTAL
62.50
TIM075 TIME WARNER CABLE
214
711
703
000
83405100
CABLE SVC
142.85
TEMG
37
VENDOR TOTAL
142.85
UNIO05 UNITED WAY OF THE DESERT
101
000
225
000
P/R Distr.-UNITED WAY
182.00
T999
5
VENDOR TOTAL
182.00
VAL200 VALLEY PARTNERSHIP
101
104
603
000
EAP/SAP ASSESSMENT
SVCS
200.00
TEMG
38
VENDOR TOTAL
200.00
VER200 VERIZON
101
153
635
000
5649171
PHONE SVC
89.31
TEMG
39
VER200 VERIZON
101
153
635
000
5649202
PHONE SVC
89.31
TEMG
40
VER200 VERIZON
101
301
635
000
7713220
PHONE SVC
124.56
TEMG
41
VER200 VERIZON
101
357
621
612
5649209
PHONE SVC
28.40
TEMG
42
VER200 VERIZON
101
454
627
619
7714270
PHONE SVC
28.15
TEMG
43
VER200 VERIZON
101
454
631
632
7713100
IRRIGATION MODEM
26.88
TEMG
44
VER200 VERIZON
101
454
631
632
7712069
IRRIGATION MODEM
87.00
TEMG
45
VER200 VERIZON
101
454
631
632
3451329
IRRIGATION MODEM
36.09
TEMG
47
VER200 VERIZON
214
711
635
000
3456268
PHONE SVC
395.79
TEMG
48
VENDOR TOTAL
905.49
VER210 VERIZON INTERNET SOLUTION
502
502
609
000
84204417
INTERNET ACCESS
84.80
TEMG
49
VENDOR TOTAL
84.80
WAS001 WASHINGTON 111 LTD
101
000
249
000
REFUND OVERPAYMENT
5250.00
TEMG
50
WAS001 WASHINGTON 111 LTD
101
000
443
318
PLANCHECK FEES #03022
-1500.00
TEMG
51
VENDOR TOTAL
3750.00
WAS011 WASTE MANAGEMENT OF THE
214
711
628
000
02994112
TRASH COLLECTION
88.84
TEMG
52
VENDOR TOTAL
88.84
WEI050 MARK WEISS
101
103
605
822
LUNCH MEETING
33.00
TEMG
53
VENDOR TOTAL
33.00
N
TO -BE PAID
- PAYMENT
TOTAL
41,476.38
ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 1:12PM 06/12/03
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.***
54371
06/12/03
APA200
APARTMENTS AT LA QUINTA
650000.00
54372
06/12/03
ATT075
AT&T WIRELESS
32.49
54373
06/12/03
CAL040
CALIFORNIA VISION SERVICE
1091.03
54374
06/12/03
COA080
COACHELLA VALLEY WATER
3293.36
54375
06/12/03
HIL150
HILTON FARNKOPF &
705.00
54376
06/12/03
IMPO10
IMPERIAL IRRIGATION DIST
134.42
54377
06/12/03
POW300
POWER PERSONNEL INC
1640.24
54378
06/12/03
SIM020
JAMES E SIMON CO
36034.47
54379
06/12/03
SOU010
SOUTHERN CALIF GAS CO
839.74
54380
06/12/03
SPRO10
SPRINT
911.04
54381
06/12/03
TER010
TERRA -CAL CONST INC
28320.00
54382
06/12/03
VER200
VERIZON
1019.46
54383
06/12/03
WE1050
MARK WEISS
61.00
54384
06/12/03
WEL025
WELLS FARGO BANKCARD
2088.59
CHECK TOTAL 726,170.84
25
ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 10:48AM 06/12/03
CITY OF LA QUINTA FOR BANK ID - DEF PAGE 1
VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN
NUMBER DESCRIPTION AMOUNT NO.
APA200 APARTMENTS AT LA QUINTA 245 903 676 000
ATT075 AT&T WIRELESS
101 153 635 660
CAL040 CALIFORNIA VISION SERVICE 101 000 235 000
COA080 COACHELLA VALLEY WATER 101 454 631 632
COA080 COACHELLA VALLEY WATER 101 454 631 663
COA080 COACHELLA VALLEY WATER 101 454 631 632
HIL150 HILTON FARNKOPF & 101 402 605 542
IMP010
IMPERIAL
IRRIGATION
DIST
101
454
627
632
IMP010
IMPERIAL
IRRIGATION
DIST
101
454
627
632
IMP010
IMPERIAL
IRRIGATION
DIST
101
454
627
632
IMP010
IMPERIAL
IRRIGATION
DIST
101
454
627
632
IMPO10
IMPERIAL
IRRIGATION
DIST
101
454
627
632
IMP010
IMPERIAL
IRRIGATION
DIST
101
454
627
632
IMP010
IMPERIAL
IRRIGATION
DIST
101
454
627
632
IMP010
IMPERIAL
IRRIGATION
DIST
101
454
627
632
IMP010
IMPERIAL
IRRIGATION
DIST
101
454
627
632
IMP010
IMPERIAL
IRRIGATION
DIST
101
454
627
632
POW300 POWER PERSONNEL INC
POW300 POWER PERSONNEL INC
POW300 POWER PERSONNEL INC
N
SIM020 JAMES E SIMON CO
101 456 603 000
101 456 603 000
101 401 505 534
401 694 609 553
AFFORDABLE HOUSING
AGREE 650000.00
TEMG
VENDOR
TOTAL
650000.00
32354763
WIRELESS
PHONE SVC
32.49
TEMG
VENDOR
TOTAL
32.49
0101944A
VISION INSURANCE
1091.03
TEMG
VENDOR
TOTAL
1091.03
14042
WATER SVC
2976.48
TEMG
14042
WATER SVC
296.22
TEMG
50730106
WATER SVC
20.66
TEMG
VENDOR
TOTAL
3293.36
9705679
AB939
705.00
TEMG
VENDOR
TOTAL
705.00
50014423
ELECTRIC
SVC
4.11
TEMG
50014842
ELECTRIC
SVC
5.14
TEMG
50014842
ELECTRIC
SVC
36.79
TEMG
50014524
ELECTRIC
SVC
9.26
TEMG
50015082
ELECTRIC
SVC
13.92
TEMG
50166523
ELECTRIC
SVC
8.46
TEMG
50014431
ELECTRIC
SVC
4.11
TEMG
50014701
ELECTRIC
SVC
4.11
TEMG
50014353
ELECTRIC
SVC
4.11
TEMG
50014360
ELECTRIC
SVC
44.41
TEMG
VENDOR
TOTAL
134.42
5575
CONTRACT
SVC
739.84
TEMG
5642
CONTRACT
SVC
462.40
TEMG
5641
CONTRACT
SVC
438.00
TEMG
VENDOR
TOTAL
1640.24
365
FINAL PMT/LQ COMMUNITY P
36034.47
TEMG
2
1
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
N
J
ACCOUNTS PAYABLE -
AP5003
TO -BE
PAID INVOICES
10:48AM 06/12/03
CITY OF LA QUINTA
FOR
BANK ID - DEF
PAGE 2
VENDOR
ACCOUNT
NUMBER
INV.
INVOICE
PAYMENT
BATCH
TRAN
NUMBER
DESCRIPTION
AMOUNT
NO.
VENDOR TOTAL
36034.47
SOU010
SOUTHERN CALIF GAS CO
101
202
629
000
09422738
GAS SVC
75.04
TEMG
22
SO0010
SOUTHERN CALIF GAS CO
101
357
629
000
02692565
GAS SVC
764.70
TEMG
23
VENDOR TOTAL
839.74
SPRO10
SPRINT
101
153
635
000
18330139
PHONE SVC
51.88
TEMG
24
SPRO10
SPRINT
101
153
635
000
84372158
PHONE SVC
859.16
TEMG
25
VENDOR TOTAL
911.04
TERO10
TERRA -CAL CONST INC
401
639
609
553
13
LQ CIVIC CTR IMP
28320.00
TEMG
26
VENDOR TOTAL
28320.00
VER200
VERIZON
101
153
635
000
5644738
PHONE SVC
29.13
TEMG
27
VER200
VERIZON
101
301
609
580
UH02778
PHONE SVC
494.78
TEMG
28
VER200
VERIZON
214
711
635
000
UH02705
PHONE SVC
495.55
TEMG
29
VENDOR TOTAL
1019.46
WEI050
MARK WEISS
401
723
605
000
LUNCH MEETING
61.00
TEMG
30
VENDOR TOTAL
61.00
WEL025
WELLS FARGO
BANKCARD
101
101
637
000
48562003
MEETINGS
595.09
TEMG
31
WEL025
WELLS FARGO
BANKCARD
101
102
637
000
48562003
MEETINGS
412.73
TEMG
32
WEL025
WELLS FARGO
BANKCARD
101
101
703
000
48562003
SUPPLIES
98.41
TEMG
33
WEL025
WELLS FARGO
BANKCARD
101
201
637
000
48562003
MEETING
20.00
TEMG
34
WEL025
WELLS FARGO
BANKCARD
101
451
637
000
48562003
MEETING
20.00
TEMG
35
WEL025
WELLS FARGO
BANKCARD
101
401
637
000
48562003
MEETING
20.00
TEMG
36
WEL025
WELLS FARGO
BANKCARD
101
351
637
000
48562003
MEETING
20.00
TEMG
37
WEL025
WELLS FARGO
BANKCARD
101
101
637
000
48562003
MEETINGS
464.00
TEMG
38
WEL025
WELLS FARGO
BANKCARD
101
102
637
000
48562003
MEETINGS
208.37
TEMG
39
WEL025
WELLS FARGO
BANKCARD
101
103
637
000
48562003
MEETINGS
82.00
TEMG
40
WEL025
WELLS FARGO
BANKCARD
101
153
635
000
48562003
MEETINGS
75.39
TEMG
41
WEL025
WELLS FARGO
BANKCARD
405
902
692
000
48562003
MEETINGS
72.60
TEMG
42
VENDOR TOTAL
2088.59
TO -BE PAID - PAYMENT TOTAL 726,170.84
MA
A/P - AP6002 CHECKS TO BE VOIDED 09:17AM 06/18/03
CITY OF LA QUINTA BANK ID: DEF PAGE 1
CHECK
BK
INVOICE
VENDOR
VENDOR
NUMBER
ID
DATE
AMT. PAID NUMBER
NAME
54262
DEF
06/05/03
2251.97 USP015
U S POSTMASTER
TOTAL VOIDED 2,251.97
INVOICE
DESCRIPTION
BROCHURE POSTAGE
COUNCIL/RDA MEETING DATE: July 1, 2003
ITEM TITLE: Approval of Restated and Amended
Employment Agreement between the City of La
Quinta and the City Manager
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
02
Approve the Restated and Amended Employment Agreement ("Agreement")
between the City of La Quinta and the City Manager.
FISCAL IMPLICATIONS:
Adequate funds have been budgeted in account 101-102-501-000, City Manager's
Office -Salaries, Full Time, for fiscal year 2003/2004.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Pursuant to the Agreement between the City and Thomas P. Genovese, City
Manager, dated July 1, 2003, the City Council may increase the salary and/or
benefits of the City Manager based on an annual evaluation.
The Agreement between the City and Thomas P. Genovese, City Manager, is
provided as Attachment 1. The changes made from the prior year are provided in
bold print in the proposed Agreement.
�1 �
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the Restated and Amended Employment Agreement between the
City of La Quinta and the City Manager; or
2. Do not approve the Restated and Amended Employment Agreement between
the City of La Quinta and the City Manager; or
3. Provide staff with alternative direction.
Respectfully submitted,
M. Katherine Jenson, City Attorney
Approved for submission by:
------------------
Thomas P. Genovese, City Manager
Attachments: 1. Restated and Amended Employment Agreement
RESTATED and AMENDED
EMPLOYMENT AGREEMENT
THIS RESTATED AND AMENDED EMPLOYMENT AGREEMENT (the
"Agreement") is made and entered into this 1" day of July, 2003, by and
between the City of La Quinta, a public body (the "City" or "Employer"), and
Thomas P. Genovese, an individual (the "Employee"), both of whom understand as
follows:
WITNESSETH:
WHEREAS, the City desires to employ the services of said Thomas P.
Genovese as the City Manager as provided by the La Quinta Municipal Code; and
WHEREAS, it is the desire of the City to establish certain conditions of
employment and to set working conditions of said Employee; and
WHEREAS, Employee desires to accept employment as City Manager of said
City.
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, the parties agree as follows:
Section 1. Duties.
Employer hereby agrees to employ said Thomas. P. Genovese as City
Manager of said City to perform the functions and duties specified in the La Quinta
Municipal Code and as provided by state or federal law and to perform other legally
permissible and proper duties and functions as the City Council shall from time to
time assign.
Section 2. Term.
A. Nothing in this Agreement shall prevent, limit or otherwise interfere with
the right of the City Council acting for the City to terminate the services of
Employee at any time, with or without cause, subject only to the provisions set
forth in Section 4, paragraphs A and B, of this Agreement.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with
the right of the Employee to resign at any time from his position with Employer,
subject only to the provision set forth in Section 4, paragraph C, of this Agreement.
4S
C. Employee, with prior written approval of the City Council, may undertake
outside professional activities for compensation, including consulting, teaching,
speaking and writing, provided they do not interfere with Employee's normal duties
and are done only during vacation or holiday time of Employee and are not done
with any existing vendors or contractors of the City. Under no circumstances shall
such outside activities create a conflict of interest with the duties of the City
Manager and the interests of the City.
Section 3. Suspension.
Employer may suspend the Employee with full pay and benefits at any time
during the term of this Agreement.
Section 4. Termination and Severance Pay.
A. In the event Employee is terminated by the City Council during such time
that Employee is willing and able to perform his duties under this Agreement, then
in that event Employer agrees to pay Employee a lump sum cash payment equal to
six months salary; provided, however, that in the event Employee is terminated for
willful misconduct as defined in Section 2.08.160 of the Municipal Code, then, in
that event, Employer shall have no obligation to pay the severance sum designated
in this paragraph.
B. In the event Employer at any time during the term of this Agreement
reduces the salary or other financial benefits of Employee in a greater percentage
than an applicable across-the-board reduction for all employees of Employer, or in
the event Employer refuses, following written notice, to comply with any other
provision benefiting Employee herein, or the Employee resigns following a formal
suggestion by the City Council that he resign, then, in that event, Employee may,
at his option, be deemed to be "terminated" at the date of such reduction or such
refusal to comply within the meaning and context of the severance pay provision in
paragraph A above.
C. In the event Employee voluntarily resigns his position with Employer
before expiration of the above -referenced term of his employment, then Employee
shall give Employer sixty (60) days notice in advance, unless the parties otherwise
agree.
Section 5. Disability.
If Employee is permanently disabled or is otherwise unable to perform his
duties because of sickness, accident, injury, mental incapacity or health for a period
of six (6) successive weeks beyond any accrued sick leave, Employer shall have the
option to terminate this Agreement. Termination pursuant to this Section would
not subject the City to payment of severance benefits as specified under Section 4
above. However, Employee shall be compensated for any accrued sick leave,
vacation, holidays, administrative leave and other accrued benefits on the same
basis as any other employee or the City pursuant to the Personnel Rules.
Section 6. Salary.
Employer agrees to pay Employee for his services rendered pursuant hereto
an annual base salary of $145,000 effective July 1, 2003, payable in equal
installments at the same time as other employees of the Employer are paid.
Employer agrees to increase said base salary and/or other benefits of Employee in
such amounts and to such extent as the City Council may determine that it is
desirable to do so on the basis of an annual evaluation which shall be initiated no
later than the end of May 30 of each year.
Section 7. Hours of Work.
It is recognized that Employee must devote time outside the normal office
hours to business of the Employer. Administrative leave shall be as provided in the
City Personnel Rules.
Section 8. Automobile.
Employee shall provide his own automobile. City shall provide a
$550.00/month automobile allowance as well as gasoline reimbursement pursuant
to the City approved policy.
Section 9. Vacation and Sick Leave.
Employee shall accrue, and have credited to his personal account, vacation
and sick leave as provided for the City Manager pursuant to the Personnel Rules.
Effective July 1, 2000, an additional 10 days of vacation shall be added to the
vacation specified in the Personnel Rules
Section 10. Other Benefits.
Employee shall be provided with the same health, dental, vision, life
insurance, retirement benefits and a cost of living increase as other general
employees of the City. Employee may receive an annual physical examination at
City expense.
Section 11. Other Terms and Conditions of Employment.
A. The City Council, in consultation with the City Manager, shall fix any
such other terms and conditions of employment, as it may determine from time to
time, relating to the performance of Employee, provided such terms and conditions
are not inconsistent with or in conflict with the provisions of this Agreement, the
Municipal Code or any applicable state or federal law.
B. All regulations and rules of the Employer relating to vacation and sick
leave, retirement and pension system contributions, holidays and other fringe
benefits and working conditions as they now exist or hereafter may be amended,
also shall apply to Employee as they would to other employees of Employer, in
addition to said benefits enumerated specifically for the benefit of Employee except
as herein provided.
Section 12. Notices.
Notices pursuant to this Agreement shall be given by deposit in the custody
of the United States Postal Service, postage prepaid, addressed as follows:
EMPLOYER: CITY OF LA QUINTA
Post Office Box 1504
La Quinta, CA 92253
EMPLOYEE: Thomas P. Genovese
Post Office Box 381
La Quinta, CA 92253
Alternatively, notices required pursuant to this Agreement may be personally
served in the same manner as is applicable to civil judicial practice. Notice shall be
deemed given as of the date of personal service or as of the date of deposit of such
written notice in the course of transmission in the United States Postal Service.
Section 13. General Provisions.
A. The text herein shall constitute the entire agreement between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs
at law and executors of Employee.
C. This Agreement shall become effective commencing July 1, 2003.
D. If any provision, or any portion thereof, contained in this Agreement is
held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or
portion thereof, shall be deemed severable, shall not be affected and shall remain in
full force and effect.
51
IN WITNESS WHEREOF, the City of La Quinta has caused this Agreement to
be signed and executed in its behalf by its Mayor, and duly attested by its City
Clerk, and the Employee has signed and executed this Agreement, both in
duplicate, the day and year first above written.
EMPLOYER:
CITY OF LA QUINTA
By:
DON ADOLPH, Mayor
City of La Quinta
ATTEST:
JUNE S. GREEK, City Clerk
City of La Quinta
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
EMPLOYEE:
Thomas P. Genovese,
City Manager
Jti
c&t,, 4 4QulxTu,
July 1, 2003
COUNCIL/RDA MEETING DATE:
Adoption of a Resolution Approving
Cost -of -Living and Benefit Adjustments
for Management, Contract Management
and Confidential Employees for Fiscal Years
2003/04, 2004/05 and 2005/06
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution approving cost -of -living and benefit adjustments for Management,
Contract Management and Confidential Employees for fiscal years 2003/04, 2004/05
and 2005/06.
FISCAL IMPLICATIONS:
A 3.5% cost -of -living increase effective July 1, 2003 will be given to
Management, Contract Management (Assistant City Manager, City Clerk, Community
Services Director and Public Works Director/City Engineer) and Confidential Employees.
In addition, a cost -of -living (COLA) adjustment will be given effective July 1, 2004 and
July 1, 2005, based upon preceding April CPI, but not less than 2% nor more than 5%
in each year.
The costs for the proposed salary and benefit increases are $1 16,400 for Fiscal Year
2003/04. The General Fund Reserve Account (101-000-300-290) will be used to fund
these increases.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
A Resolution has been prepared and is submitted herein that would authorize salary
and benefit adjustments for Management, Contract Management and Confidential
Employees. In past practice, these employees have been afforded the same salary and
benefit increases as provided to the employees represented by the La Quinta
53
Employees' Association. In addition to the proposed salary increase, the proposed
benefit adjustments are as follows:
• The mileage allowance will correlate with the IRS allowance for mileage.
• The City will continue to fund an employee computer purchase loan program in
an amount not to exceed $29,750 for each year of the three-year agreement.
Loans made through this program will be a maximum of two years in duration
and will be reimbursed through payroll deductions with 5% interest.
• The City will continue to fund the Educational Incentive Program at $5,000 for
each year of the agreement.
• The City will process an amendment to the CalPERS contract for- retirement
benefits of 2.5% at 55 years of age.
• The City's contribution toward new benefit premiums is capped at $900 per
month for health, dental, vision, and life insurance coverage.
• The City will modify the current Personnel Policy to reduce the period of time
for the salary supplement to Workers Compensation payments to 180 days (6
months) with medical insurance coverage for a period of 270 days (9 months).
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution approving the cost -of -living and benefit adjustments for
Management, Contract Management and Confidential Employees for fiscal
years 2003/04, 2004/05 and 2005/06; or
2. Do not adopt a Resolution approving cost -of -living and benefit adjustments
for Management, Contract Management and Confidential Employees for fiscal
years 2003/04, 2004/05 and 2005/06; or
3. Provide staff with alternative direction.
54
Respectfully submitted,
Mark Weiss, Assistant City Manager
Approved for submission by:
Thomas P. Genovese, City Manager
3
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING COST -OF -LIVING
AND BENEFIT ADJUSTMENTS FOR MANAGEMENT,
CONTRACT MANAGEMENT AND CONFIDENTIAL
EMPLOYEES, COMMENCING ON JULY 1, 2003 AND
TERMINATING ON JUNE 30, 2006
WHEREAS, the City of La Quinta, hereinafter referred to as "City," will make
cost -of -living and benefit adjustments for Management, Contract Management and
Confidential Employees commencing on July 1, 2003, and terminating June 30, 2006.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
Section 1. The City does hereby approve, ratify, and authorize for
Management, Contract Management and Confidential Employees
implementation of salary and fringe benefit adjustments as set
forth in Exhibit "A."
Section 2. The City recognizes Contract Management positions as the:
Assistant City Manager, City Clerk, Community Services Director and Public
Works Director/City Engineer The Management and Confidential Employees
positions are set forth in Exhibit "B."
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 1st day, of July, 2003, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
5
CI
Resolution 2003-
COLA & Benefit Adjustments
Adopted: July 1, 2003
Page 2
DON ADOLPH, 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
5
EXHIBIT A
CITY OF LA QUINTA
COMPENSATION AND BENEFITS ADJUSTMENTS for
MANAGEMENT, CONTRACT MANAGEMENT AND CONFIDENTIAL EMPLOYEES
JULY 1, 2003
The compensation and benefits package for the City of La Quinta Management,
Contract Management and Confidential Employees includes the following:
1. SALARY: A 3.5% cost -of -living (COLA) increase effective July 1, 2003.
Additionally, a COLA adjustment will be given effective July 1, 2004 and July 1,
2005 based upon the preceding April CPI, but not less than 2% nor more than 5%
each year.
2. MILEAGE: The City's mileage reimbursement will correlate with the IRS
allowance for employees other than those receiving a car allowance.
3. RETIREMENT: The City will process an amendment to the current CalPERS
contract for retirement benefits of 2.5% at 55 years of age.
4. BENEFITS: A $900/month cap for health and related benefits.
5. WORKERS' COMPENSATION: The City will modify the current policy to
reduce the period for salary supplement to Workers' Compensation payments to six
(6) months with medical coverage for a period of nine (9) months.
��u
EXHIBIT B
CITY OF LA QUINTA
MANAGEMENT AND CONFIDENTIAL EMPLOYEES LIST
Accounting Manager
Assistant City Engineer
Building and Safety Director
Building and Safety Manager
Community Development Director
Community Safety Manager
Executive Assistant
Finance Director/Treasurer
Information Systems Analyst
Maintenance Manager
Management Analyst
Management Assistant
Personnel/Risk Manager
Planning Manager
Principal Planner
Senior Engineer
`i
TAtt 4 4 Q"
COUNCIURDA MEETING DATE: July 1, 2003
Adoption of a Resolution Approving a Memorandum
of Understanding Between the City of La Quinta and
the La Quinta City Employees' Association for Fiscal
Years 2003/04, 2004/05 and 2005/06
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: -4
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council approving a Memorandum of Understanding
between the City of La Quinta ("City") and the La Quinta City Employees' Association
("Association") for Fiscal Years 2003/04, 2004/05 and 2005/06.
FISCAL IMPLICATIONS:
A 3.5% cost -of -living increase effective July 1, 2003, will be given to employee
bargaining unit represented by the Association. In addition, a cost -of -living (COLA)
adjustment will be given to members effective July 1, 2004, and July 1, 2005, based
upon preceding April CPI, but no less than 2% or more than 5% in each year. The
negotiated contract has a fiscal impact of $157,700 for Fiscal Year 2003/04. The
General Fund Reserve (101-000-300-290) will be used to fund the contract.
BACKGROUND AND OVERVIEW:
The City and the Association, in a series of meetings beginning April 9, 2003, met and
conferred in good faith pursuant to the Meyers-Milias-Brown Act on matters relating to
employment conditions and employer/employee relations including wages, hours, and
other terms of employment. The attached Memorandum of Understanding (Exhibit "A"
of the Resolution) is the result of these meetings and discussions, which includes the
following negotiated benefits:
The mileage allowance will correlate with the IRS allowance for
mileage.
The City will also continue to fund an employee computer
purchase loan program in an amount not to exceed $29,750 for
each year of the three-year agreement. Loans made through this
program will be a maximum of two years in duration and will be
reimbursed through payroll deductions with 5% interest.
FJ
The City will continue to fund the Educational Incentive Program at
$5,000 for each year of the agreement.
The City will process an amendment to the CalPERS contract for
retirement benefits of 2.5% at 55 years of age.
The City's contribution toward new benefit premiums is capped at
$900 per month for health, dental, vision and life insurance
coverage. The City will annually re -open negotiations on this issue
as new premium rates are announced.
The City will modify the current Personnel Policy to reduce the
period of time for the salary supplement to Workers Compensation
payments to 180 days (6 months) with medical insurance
coverage for a period of 270 days (9 months).
The City will purchase winter windbreakers for the Public Works
maintenance crewmembers and long sleeve shirts for the two
Assistant Engineer II positions in Public Works.
FINDINGS AND ALTERNATIVES:
1. Adopt a Resolution of the City Council approving a Memorandum of
Understanding between the City of La Quinta and the La Quinta City Employees'
Association for Fiscal Years 2003/04, 2004/05 and 2005/06; or
2. Do not adopt a Resolution approving a Memorandum of Understanding
between the City of La Quinta and the La Quinta City Employees'
Association; or
3. Provide staff with alternative direction.
Respectfully submitted,
au
Mark Weiss, Assistant City Manager
Approved for submission by:
vK
Thomas P. Genovese, City Manager
6 _I
2
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES'
ASSOCIATION (LQCEA), COMMENCING ON JULY 1, 2003,
AND TERMINATING ON JUNE 30, 2006
WHEREAS, the City of La Quinta, hereinafter referred to as "City," and the La
Quinta City Employees' Association, the recognized organization representing its
members, hereinafter referred to as "Association," have met and conferred over
wages, hours, terms, and conditions of employment pursuant to Government Code
Section 3500, as amended; and
WHEREAS, the City and the Association have negotiated a Memorandum of
Understanding for the period commencing on July 1, 2003, and terminating June 30,
2006.
WHEREAS, the Association ratified the Memorandum of Understanding on,
June 24, 2003.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
Section 1. The City does hereby approve, ratify, and authorize implementation
of each economic and non -economic benefit and right set forth in the
Memorandum of Understanding between the City and Association, attached
hereto and executed on July 1, 2003, and incorporated herein as Exhibit "A,"
and said, to the extent the City may legally do so, in accordance with the time
constraints of said Memorandum of Understanding.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 1 st day of July, 2003, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
3
Resolution 2003-
MOU - LQCEA
Page 2
DON ADOLPH, 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
63
4
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is made and entered into by and between
the CITY OF LA QUINTA ("City") and the LA QUINTA CITY EMPLOYEES'
ASSOCIATION ("Association").
WHEREAS, the City and the Association have met and conferred in good faith with
respect to the wages, hours, and terms and conditions of employment of City employees and all
other subjects within the scope of bargaining under the Meyers-Milias-Brown Act (Government
Code Section 3500, et seq.), and have reached an agreement that they wish to set forth in writing
in the form of this MOU;
NOW, THEREFORE, the City and the Association agree as follows:
SECTION 1: TERM.
This MOU shall take effect on July 1, 2003, and shall remain in effect through and
including June 30, 2006.
SECTION 2: SALARY.
A. Fiscal Year 2003-04.
The Schedule of Salary Ranges (Schedule), which is attached hereto as Exhibit 1 and by
this reference made a part hereof, shall be in effect during the first year (July 1, 2003 through
June 30, 2004) of this MOU. The Schedule set forth on Exhibit 1 provides a 3.50% cost -of -
living increase effective July 1, 2003 to all salary ranges for those employees employed as of the
date of approval of this MOU by both parties.
B. Fiscal Year 2004-05 and 2005-06.
For Fiscal Year 2004-05, the Schedule set forth on Exhibit 1 shall be increased by the
Consumer Price Index for Urban Wage Earners and Clerical Workers in the Los Angeles -
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Riverside - Orange County area (hereinafter CPI") as measured from April 2003 to April 2004,
effective July 1, 2004. However, in no case shall the amount of the salary increase be less than
two percent (2%) or greater than five percent (5%). For Fiscal Year 2005-06, the salary schedule
established for Fiscal Year 2004-05 shall again be adjusted by the CPI as measured from April
2004 to April 2005, effective July 1, 2005, but in no instance shall the salary increase be less
than two percent (2%) or more than five percent (5%).
SECTION 3: MEDICAL, DENTAL, VISION AND LIFE INSURANCE COVERAGE.
A. Fiscal Year 2003-04 and Thereafter.
Effective July 1, 2003, City will pay a flat amount of up to $900 per month for the actual
cost of medical, dental, vision and life insurance coverage. If the insurance package selected by
any employee is greater than $900 per month, then the excess shall be at the employee's expense.
The difference between $900 per month and the actual cost of the insurance package for any
employee which is less than $900 per month shall remain with the City. The parties agree to
reopen negotiations each year for the term of this MOU to meet and confer on the amount paid
by the City for insurance coverage. The reopener shall occur within thirty (30) days after
Ca1PERS announces the rate increase or decrease for the next calendar year.
B. Contributions.
The employee contribution for insurance coverage shall be paid by payroll deduction as a
condition of enrollment and continuous insurance coverage. The benefits, terms and conditions
of coverage shall be governed by the formal plan documents.
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SECTION 4: CALPERS RETIREMENT PLAN
The City agrees to implement the 2.5% at 55 CalPERS retirement plan for all City
employees effective as soon as the City can process the plan amendment through Ca1PERS. The
City agrees that it shall submit the request for a contract plan amendment to Ca1PERS no later
than July 1, 2003.
SECTION 5: EDUCATIONAL INCENTIVE PROGRAM.
All employees are eligible for tuition reimbursement pursuant to Section 15.25 of the
City's Personnel Rules. The total of such reimbursement for all employees shall not exceed
$5,000 during each year of this MOU.
SECTION 6: MANAGEMENT RIGHTS.
Except as limited by the terms of this Memorandum, the City retains sole and exclusive
right to manage its _operations and direct its work force using any or all of the powers and
authority previously exercised or possessed by the City or traditionally reserved to management,
including but not limited to the right to determine its organization and the kinds and levels of
services to be provided; to direct the work of its employees; to assign work from one
classification of employees to another, including work currently performed by employees in the
classifications covered by this Memorandum; to establish work standards and levels of required
performance; to utilize part-time or temporary employees; to pay wages and benefits in excess of
those required by this Memorandum; to select, modify, alter, abandon, or modernize methods of
conducting its operations; to build, move, modify, close, or modernize facilities, machinery,
processes, and equipment; to establish budgetary procedures and allocations; to determine
methods of raising revenues; to sublet and subcontract work except work currently performed by
City employees; to take all necessary action in the event of an emergency; to establish and
397/015610-0005 -3- 7
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6 t/
amend rules of conduct and to impose discipline and discharge; to establish and amend rules for
safety and health; to select, hire, classify, reclassify, assign, evaluate, transfer, promote, demote,
upgrade, downgrade, reprimand, discipline, suspend, discharge, lay off, and rehire employees; to
determine job content and to create, combine or modify job classifications and rates or classes of
pay; and to exercise all other customary powers and authority of management, regardless of
whether the City has exercised such power previously. Nothing in this provision shall be
construed to restrict grievances concerning any part of this MOU. In the event of an emergency,
the City may amend, modify or rescind any provision of the MOU. Such amendment,
modification or rescission shall remain in force only for the period of the emergency. The City
shall have the sole and complete discretion to declare that an emergency exists for the purposes
of this Section.
SECTION 7: NON-DISCRIMINATION.
All personnel decisions and actions, including but not limited to appointments,
promotions, demotions, transfers, layoffs, and discharges, shall be made without regard to race,
color, creed, sex, marital status, age, national origin or ancestry, physical or mental disability,
medical condition, sexual orientation, or any other unlawful consideration. Further, the City
shall not discriminate against any employee based upon his/her activity on behalf of his/her
membership in any employee association or group.
SECTION 8: HOURS.
Employee hours of work shall be as stated in the City's Personnel Policies unless
superseded as provided herein.
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SECTION 9: HOLIDAYS.
City -paid holidays shall be as provided in the City's Personnel Policies unless superseded
as provided herein.
SECTION 10: VACATION.
9.1 Accrual. Vacation accrual shall be as provided in the City's Personnel Policies
unless superseded as provided herein.
9.2 Buy back. Vacation buy-back shall be as provided in the City's Personnel
Policies unless superseded as provided herein.
SECTION 11: SICK LEAVE.
Sick leave shall be accrued as provided in the City's Personnel Policies unless superseded
as provided herein.
SECTION 12: PERSONNEL POLICY AMENDMENT.
The City and Association have agreed to modify certain portions of the City's Personnel
Policy 7.30.3, to become effective upon the date of execution of this Agreement by the last party
to ratify it. The only amendment to Section 7.30.3 is that the reference to the City's requirement
to supplement salary for an employee on workers compensation up to a period of one (1) year
shall be reduced to a period of six (6) months. However, the City will continue payment of
insurance benefits for a period of nine (9) months.
In addition, City and Association agree that the interpretation of the mileage
reimbursement rate under Section 1.60 of the Personnel Policy is that the reimbursement rate
automatically adjusts to the most current IRS allowance.
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SECTION 13: COMPUTER PURCHASE PROGRAM.
The City agrees to continue the Computer Purchase Program (Program) as set forth on
Exhibit 2 and by this reference made a part hereof, and to fund the Program in the amount of
$29,750 for each Fiscal Year during the term of this MOU. Any employee who has participated
in the Program and has paid his/her loan in full may participate again if there is money available
after those employees who have not previously participated have been funded.
SECTION 14: UNIFORMS.
In addition to any other uniform articles of clothing provided to City employees, the City
agrees to pay for and provide winter windbreakers for ten (10) Public Works crew members and
long-sleeved polo shirts for two (2) Assistant Engineer II positions. These articles of clothing
shall be maintained by the employee to whom they are issued and replaced by the City when no
longer serviceable.
SECTION 15: SOLE AND ENTIRE AGREEMENT.
It is the intent of the parties hereto that the provisions of this MOU shall supersede all
prior agreements, memoranda of agreement or memoranda of understanding, or contrary salary
and/or personnel rules and regulations, administrative codes, provisions of the City (other than
the Municipal Code), whether oral or written, expressed or implied, between the parties, and
shall govern the entire relationship and be the sole source of any and all rights which may be
asserted hereunder. This MOU is not intended to conflict with federal or state law, The
Association and the City agree that all personnel rules not specifically included herein shall be
incorporated herein by this reference. The City reserves the right to add to, modify or delete
from its Personnel Rules, subject to its obligations under the Meyers-Milias-Brown Act.
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SECTION 16: WAIVER OF BARGAINING DURING TERM OF THIS
AGREEMENT.
During the term of this MOU, the Association agrees that it will not seek to negotiate or
bargain with respect to wages, hours and terms and conditions of employment, whether or not
covered by this MOU or in the negotiations preceding execution of this MOU, except as required
by specific provisions of this MOU. Despite the terms of this waiver, the parties may, by mutual
agreement, agree in writing to meet and confer concerning any matter during the term of this
MOU.
This Memorandum is hereby executed by the parties hereto as set forth below.
CITY OF LA QUINTA
DATED: , 2003 By:
Don Adolph, Mayor
LA QUINTA CITY EMPLOYEES'
ASSOCIATION
DATED: , 2003 By:
I:
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`city' nF 44(, Qu&rory
COUNCIL/RDA MEETING DATE: July 1, 2003
ITEM TITLE: Approval of a Professional Services
Agreement (PSA) with Psomas to Prepare a Master
Drainage Plan for the City of La Quinta
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: S
STUDY SESSION:
PUBLIC HEARING:
Approve a Professional Services Agreement in the amount of $120,200 with Psomas
to prepare a Master Drainage Plan for the City of La Quinta.
FISCAL IMPLICATIONS:
The project is included, in the amount of $150,000, within the Fiscal Year 2003/2004
Budget for the Public Works Development and Traffic Division. The budget includes
$75,000 carried over from FY 2002/2003 and a new appropriation of $75,000 for
Fiscal year 2003/2004.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The proposed work effort will result in a Citywide Master Drainage Plan, which will
provide an assessment of the City's existing drainage facilities and make
recommendations for possible changes to the City's design standards in order to
provide greater flood protection for the City in the future.
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S:\CityMgr\STAFF REPORTS ONLY\C5.doc
On December 17, 2003, the City Council authorized staff to distribute a Request for
Proposal (RFP) to prepare the City Master Drainage Plan and appointed a Consultant
Selection Committee. On February 14, 2003, the City received proposals from four
(4) firms interested in providing these services. The Consultant Selection Committee
interviewed three of the four firms on April 24, 2003 and unanimously recommends
Psomas be awarded a PSA in the amount of $120,200.
Contingent upon the City Council approval of the attached PSA (Attachment 1) on July
1, 2003, the following represents the project schedule:
City Council PSA Approval
July 1, 2003
Project Duration (12 Months)
August 2003 - August 2004
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1 . Approve a Professional Services Agreement in the amount of $120,200 with
Psomas to prepare a Master Drainage Plan for the City of La Quinta; or
2. Do not approve a Professional Services Agreement in the amount of $120,200
with Psomas to prepare a Master Drainage Plan for the City of La Quinta; or
3. Provide staff with alternative direction.
Respectfully submitted,
imothy R. nas o , P.E.
Public Works Dire or/City Engineer
Approved for submission by:
;T-Z-P.�Genovese, City Manager
Attachments: 1. Professional Services Agreement
S:\City Mgr\STAFF REPORTS ONLY\C5.doc 2 7
ATTACHMENT 1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into
by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Psomas
("Consultant"). The parties hereto agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
Consultant shall provide those services related to the City of La Quinta Master Drainage Plan as
specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this
reference (the "services" or "work"). Consultant warrants that all services will be performed in
a competent, professional and satisfactory manner in accordance with the standards prevalent in
the industry for such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance
with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and
any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein,
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may
be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the performance
of the services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it
has thoroughly investigated and considered the work to be performed, (b) it has investigated the
site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully
considered how the work should be performed, and (d) it fully understands the facilities, difficulties
and restrictions attending performance of the work under this Agreement. Should Consultant
discover any latent or unknown conditions materially differing from those inherent in the work or
as represented by City, Consultant shall immediately inform City of such fact and shall not proceed
except at Consultant's risk until written instructions are received from the Contract Officer (as
defined in Section 4.2 hereof).
1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work performed by Consultant, and the
equipment, materials, papers and other components thereof to prevent losses or damages, and
shall be responsible for all such damages, to persons or property, until acceptance of the work by
City, except such losses or damages as may be caused by City's own negligence. The
performance of services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies
are due to the negligence of Consultant.
1.6 Additional Services. In accordance with the terms and conditions of this Agreement,
Consultant shall perform services in addition to those specified in the Scope of Services when
directed to do so by the Contract Officer, provided that Consultant shall not be required to perform
any additional services without compensation. Any addition in compensation not exceeding five
percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase
must be approved by the City Council. 73
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1.7 Special Requirements. Additional terms and conditions of this Agreement, if any,
which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the
event of a conflict between the provisions of the Special Requirements and any other provisions
of this Agreement, the provisions of the Special Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall
be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total
amount not to exceed One hundred twenty thousand, two hundred dollars ($120,200.00) (the
"Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the
Schedule of Compensation may include a lump sum payment upon completion, payment in
accordance with the percentage of completion of the services, payment for time and materials
based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other
methods as may be specified in the Schedule of Compensation. Compensation may include
reimbursement for actual and necessary expenditures for reproduction costs, transportation
expense, telephone expense, and similar costs and expenses when and if specified in the Schedule
of Compensation.
2.2 Method of Payment. Any month in which Consultant wishes to receive payment,
Consultant shall submit to City no later than the tenth (10th) working day of such month, in the
form approved by City's Finance Director, an invoice for services rendered prior to the date of the
invoice. Such invoice shall (1) describe in detail the services provided, including time and
materials, and (2) specify each staff member who has provided services and the number of hours
assigned to each such staff member. Such invoice shall contain a certification by a principal
member of Consultant specifying that the payment requested is for work performed in accordance
with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which
are approved by City pursuant to this Agreement no later than the last working day of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be
performed diligently and within the time period established in Exhibit "C" (the "Schedule of
Performance"). Extensions to the time period specified in the Schedule of Performance may be
approved in writing by the Contract Officer.
3.3 Force Majeure. The time period specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended because of any
delays due to unforeseeable causes beyond the control and without the fault or negligence of
Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes,
floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any
governmental agency other than City, and unusually severe weather, if Consultant shall within ten
(10) days of the commencement of such delay notify the Contract Officer in writing of the causes
of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend
the time for performing the services for the period of the forced delay when and if in his or her
judgement such delay is justified, and the Contract Officer's determination shall be final and
conclusive upon the parties to this Agreement.
3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services,
except as otherwise provided in the Schedule of Performance.
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4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant are hereby
designated as being the principals and representatives of Consultant authorized to act in its behalf
with respect to the work specified herein and make all decisions in connection therewith:
a. Ken Susilo, P.E., Vice President
It is expressly understood that the experience, knowledge, capability, and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder.
The foregoing principals may not be changed by Consultant and no other personnel may be
assigned to perform the service required hereunder without the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be Steven D. Speer, Assistant City
Engineer or such other person as may be designated by the City Manager of City. It shall be
Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of
the performance of the services and Consultant shall refer any decisions which must be made by
City to the Contract Officer. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge,
capability and reputation of Consultant, its principals and employees were a substantial inducement
for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not
contract with any other entity to perform in whole or in part the services required hereunder
without the express written approval of City. In addition, neither this Agreement nor any interest
herein may be assigned or transferred, voluntarily or by operation of law, without the prior written
approval of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have any control
over the manner, mode or means by which Consultant, its agents or employees, perform the
services required herein, except as otherwise set forth. Consultant shall perform all services
required herein as an independent contractor of City and shall remain at all times as to City a
wholly independent contractor with only such obligations as are consistent with that role.
Consultant shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of City.
4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports,
statistics, records or other data or information pertinent to services to be performed hereunder
which are reasonably available to Consultant only from or through action by City.
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5.0 INSURANCE, INDEMNIFICATION AND BONDS.
5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently
with its execution of this Agreement, personal and public liability and property damage insurance
against all claims for injuries against persons or damages to property resulting from Consultant's
acts or omissions rising out of or related to Consultant's performance under this Agreement. The
insurance policy shall contain a severability of interest clause providing that the coverage shall be
primary for losses arising out of Consultant's performance hereunder and neither City nor its
insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and
naming City and its officers and employees as additional insured shall be delivered to and approved
by City prior to commencement of the services hereunder.
The amount of insurance required hereunder shall be determined by the Contract Sum in
accordance with the following table:
Contract Sum Personal Injury/Property Damage Coverage
Less than $50,000 $100,000 per individual; $300,000 per occurrence
$50,000 - $300,000 $250,000 per individual; $500,000 per occurrence
Over $300,000 $500,000 per individual; $1,000,000 per occurrence
Consultant shall carry automobile liability insurance of $1,000,000 per accident against all
claims for injuries against persons or damages to property arising out of the use of any automobile
by Consultant, its officers, any person directly or indirectly employed by Consultant, any
subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or
indirectly out of or related to Consultant's performance under this Agreement. ThP term
"automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed
for travel on public roads. The automobile insurance policy shall contain a severability of interest
clause providing that coverage shall be primary for losses arising out of Consultant's performance
hereunder and neither City nor its insurers shall be required to contribute to such loss. A
certificate evidencing the foregoing and naming City and its officers and employees as additional
insured shall be delivered to and approved by City prior to commencement of the services
hereunder.
Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's
Compensation laws.
Consultant shall procure professional errors and omissions liability insurance in an amount
acceptable to City.
All insurance required by this Section shall be kept in effect during the term of this Agreement and
shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The
procuring of such insurance or the delivery of policies or certificates evidencing the same shall not
be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees,
contractors, subcontractors, or agents.
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5.2 Indemnification. The Consultant shall defend, indemnify and hold harmless the City,
its officers, officials, employees, representatives and agents, " City indemnitees," 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) ("claims") and for errors and omissions committed by
Consultant, its officers, anyone directly or indirectly employed by Consultant, any subcontractor,
and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out
of or related to Consultant's performance under this Agreement, except to the extent of such loss
as may be caused by City's own negligence, sole negligence or willful misconduct, or that of its
officers or employees.
In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding in any way involving such claims, Consultant shall provide a defense to the City
indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense,
including reasonable attorney's fees, incurred in defense of such claim. In addition, Com;ultant
shall be obligated to promptly pay any final judgement or portion thereof rendered against the City
indemnitees.
5.3 Remedies. In addition to any other remedies City may have if Consultant fails to
provide or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option:
Obtain such insurance and deduct and retain the amount of the premiums for
such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/or withhold any
payment(s) which become due to Consultant hereunder until Consultant
demonstrates compliance with the requirements hereof.
Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies City
may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain
or secure appropriate policies or endorsements. Nothing herein contained shall be construed as
limiting in any way the extent to which Consultant may be held responsible for payments of
damages to persons or property resulting from Consultant's or its subcontractors' performance of
work under this Agreement.
6.0 RECORDS AND REPORTS.
6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such
reports concerning Consultant's performance of the services required by this Agreement as the
Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be necessary to
perform the services required by this Agreement and enable the Contract Officer to evaluate the
cost and the performance of such services. Books and records pertaining to costs shall be kept
and prepared in accordance with generally accepted accounting principals. The Contract Officer
shall have full and free access to such books and records at all reasonable times, including the
right to inspect, copy, audit, and make records and transcripts from such records.
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6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records,
documents and other materials, whether in hard copy or electronic form, which are prepared by
Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall
be the property of City and shall be delivered to City upon termination of this Agreement of upon
the earlier request of the Contract Officer, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership of the documents and materials hereunder. Consultant shall cause all subcontractors
to assign to City any documents or materials prepared by them, and in the event Consultant fails
to secure such assignment, Consultant shall indemnify City for all damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses said documents
and materials without written verification or adaptation by Consultant for the specific purpose
intended and causes to be made or makes any changes or alterations in said documents and
materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from
said change. The provisions of this clause shall survive the completion of this Contract and shall
thereafter remain in full force and effect.
6.4 Release of Documents. The drawings, specifications, reports, records, documents and
other materials prepared by Consultant in the performance of services under this Agreement shall
not be released publicly without the prior written approval of the Contract Officer or as required
by law. Consultant shall not disclose to any other entity or person any information regarding the
activities of City, except as required by law or as authorized by City.
7.0 ENFORCEMENT OF AGREEMENT.
7.1 California Law. This Agreement shall be construed and interpreted both as to validity
and to performance of the parties in accordance with the laws of the State of California. Legal
actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall
be instituted in the Superior Court of the County of Riverside, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party
shall notify the injuring party in writing of its contentions by submitting a claim therefor. The
injured party shall continue performing its obligations hereunder so long as the injuring party
commences to cure such default within ten (10) days of service of such notice and completes the
cure of such default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an immediate danger
to the health, safety and general welfare, City may take such immediate action as City deems
warranted. Compliance with the provisions of this section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance shall not be
a waiver of any party's right to take legal action in the event that the dispute is not cured,
provided that nothing herein shall limit City's right to terminate this Agreement without cause
pursuant to Section 7.8.
7.3 Retention of Funds. City may withhold from any monies payable to Consultant
sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably
believes were suffered by City due to the default of Consultant in the performance of the services
required by this Agreement.
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7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
City's consent or approval of any act by Consultant requiring City's consent or approval shall not
be deemed to waive or render unnecessary City's consent to or approval of any subsequent act
of Consultant. Any waiver by either party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are
cumulative and the exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may take legal
action, at law or at equity, to cure, correct or remedy any default, to recover damages for any
default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement.
7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of
this Agreement, except as specifically provided in the following Section 7.8 for termination for
cause. City reserves the right to terminate this Agreement at any time, with or without cause,
upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination,
Consultant shall immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be entitled to compensation for all services
rendered prior to receipt of the notice of termination and for any services authorized by the
Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be
approved by the Contract Officer, except as provided in Section 7.3.
7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant
to fulfill its obligations under this Agreement, City may, after compliance with the provisions of
Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and
Consultant shall be liable to the extent that the total cost for completion of the services required
hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable
efforts to mitigate such damages), and City may withhold any payments to Consultant for the
purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other party arising
out of or in connection with this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees and costs of suit from the losing party.
8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be
personally liable to Consultant, or any successor in interest, in the event or any default or breach
by City or for any amount which may become due to Consultant or to its successor, or for breach
of any obligation of the terms of this Agreement.
79
\\CLQADMFS1\PUBWRKS\PWDEPT\PROJECTS\2003 Prjcts\PSOMAS PSA.doc Page 7 oV3
8.2 Conflict of Interest. No officer or employee of City shall have any personal interest,
direct or indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to the Agreement which affects his or her personal interest or the interest of any
corporation, partnership or association in which she or he is, directly or indirectly, interested, in
violation of any State statute or regulation. Consultant warrants that it has not paid or given and
will not pay or give any third party any money or general consideration for obtaining this
Agreement.
8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin or ancestry in the performance of this
Agreement. Consultant shall take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed, religion,
sex, marital status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication either party
desires or is required to give the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail to the address set forth below. Either party
may change its address by notifying the other party of the change of address in writing. Notice
shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as
provided in this section.
To City:
CITY OF LA QUINTA
Attention: Thomas P. Genovese
City Manager
78-495 Calle Tampico
P.O. Box 1504
La Quinta, California 92253
To Consultant:
PSOMAS
Attention: Ken Susilo, P.E.
Vice President
11444 West Olympic Boulevard, Suite 750
West Los Angeles, CA 90064
9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties
and all previous understanding, negotiations and agreements are integrated into and superseded
by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the mutual consent of
the parties by an instrument in writing signed by both parties.
9.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by
a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability
shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties and that
by so executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
\\CLOADMFSI \PUBWRKS\PWDEPT\PROJECTS\2003 Prjcts\PSOMAS PSA.doc Page 8 ib13
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated
below.
CITY OF LA QUINTA a California municipal corporation
Thomas P. Genovese, City Manager Date
ATTEST:
June Greek, City Clerk
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
CONSULTANT - PSOMAS
Name: Ken J. Susilo, P.E.
Title: Vice President
Date: 6,1l40�
0 w
11
Exhibit A
Scope of Services
The scope of services to be provided by PSOMAS, dated June 12, 20103, is
attached and made a part of this agreement.
8^
\\CLQADMFS1\PUBWRKS\PWDEPT\PROJECTS\2003 Prjcts\PSOMAS PSA.doc Page 101f213
Exhibit B
Schedule of Compensation
Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for
the actual hours submitted in conformance with Section 2.2 of the Agreement. Total
compensation for all work under this contract shall not exceed One hundred Twenty thousand two
hundred dollars ($120,200.00) except as specified in Section 1.6 - Additional Services of the
Agreement.
03
\\CLQADMFS1\PUBWRKS\PWDEPT\PROJECTS\2003 Prjcts\PSOMAS PSA.doc Page 111!313
Exhibit C
Schedule of Performance
Consultant shall complete all services within 12 months of the date of this Agreement. The
project schedule is attached and made a part of this Agreement.
84
\\CLQADMFSI\PUBWRKS\PWDEPT\PROJECTS\2003 Prjcts\PSOMAS PSA.doc Page 1211413
Exhibit D
Special Requirements
None.
gJ
\\CLQADMFS1\PUBWRKS\PWDEPT\PROJECTS\2003 Prjcts\PSOMAS PSA.doc Page 1311513
City of La Quinta
Master Drainage Plan
Scope of Services
The following describes our proposed scope of services, developed to respond to requirements set
forth in the City's RFP.
Task i -- Aerial Topographic, Facilities, and Hydrologic Map
(400-foot)
The basic flow of information is described below. This task focuses on mapping -related activities.
Initial data would consist of aerial photography (consisting of 1 meter pixels and a Digital
Elevation Model (DEM)-derived 4-foot contour topography). It is assumed that a storm drain
atlas or, at a minimum, index sheets are electronically available and that these would be used to
identify subject storm drains. The atlas/index sheet information would be reviewed and storm
drains identified by technical staff, with attributes consisting of conduit/conveyance size. Field
staff would then use the compiled (aerial, topography, edited atlas) information for use in field
verification of facilities. (See Task 3 below.) All City -identified detention basins would also be
included in these base maps.
• Aerial Photo
• Topography
• Parcel and Centerline
• Atlas or index maps
ase
• Identify study area
• Identify line
• Catch basin identification
• Record data on hard copy
• Hydrology
• Hydraulics
Maps
Once evaluations and recommendations are developed (Tasks 3-6), maps will be finalized and
additional information appended. This information will include drainage areas and design flow
rates.
Deliverable: The deliverable for this task will be digitally available 400-scale aerial photos with
topography, existing and proposed facilities, and hydrologic data.
Master Drainage Plan 1 P S O M A S 36
Scope of Services June 12, 20Y6
Task 2 — Research
2.1 Review criteria
Criteria for open channels, storm drains, street flow, retention basins, and house pads will be reviewed. It is
anticipated that the criteria and methods established in the original Master Drainage Plan
represent the status quo for City planning and design. Future criteria will be discussed with the
City and risk -based evaluation scenarios will be presented for consideration. Ultimately, this will be a
policy decision made by the City.
2.2 Hydrologic and Hydraulic Criteria
Psomas will review the current hydrology and hydraulic criteria for evaluation (previous study
assumed Manning's equation). While Riverside County does not employ the concepts of high
confidence versus expected values used in San Bernardino and Orange Counties, these will also be
considered.
2.3 Review'Soils Data, Precipitation
Available soils and precipitation data are limited, as reflected in the previous Master Drainage
Plan. Our project team has conducted numerous percolation tests within the City and has data
that may update assumptions with respect to soils and loss rates.
While the Riverside County Hydrology Manual has some soils data within the County, these data
do not apply to La Quinta. Psomas may utilize NRCS soils data (SSURGO and STATSGO),
select field observations, results from infiltration studies, and previous planning documents to
estimate soil types to be incorporated into a rainfall runoff model.
2.4 Provide CVWD Assumptions for Evacuation Channel and Coachella Valley
Stormwater Channel
The CVWD design criterion for the Whitewater Stormwater Channel is the Standard Project
Flood. As part of this task, Psomas will investigate hydraulic conditions of Coachella Valley
Water District facilities for the purposes of future design, and will incorporate this information
into the final plan.
2.5 Water Quality
It may be beneficial to integrate concepts of water quality and water reuse into the research
element. It will facilitate compliance of new development though one set of design guidelines. It
will also potentially reduce project -induced impacts of development. Psomas will review current
Storm Water (NPDES MS4) Permit requirements in conjunction with current City programs and
will integrate New Development storm water design elements into the Master Drainage Plan.
These elements will provide a cohesive data source for both the City and developers to facilitate
compliance with both drainage and water quality compliance. Psomas will also address NPDES
MS4 Construction program elements and will reference other program components in the Plan
Assumption: It is assumed that this effort will not entail development of new program elements,
but will leverage the current Riverside County MS4 program.
Deliverable Task 2: Summary of Information for Master Drainage Plan
Master Drainage Plan 2 P S O M A S 87
Scope of Services June 12, 209
Task 3 -- Evaluation
3.1 Analyze Public Facilities
The purpose of this task is to review and analyze facilities under the responsibility of the City. In
conjunction with Task 1, above, Psomas will review plans and data collected above. In addition,
as part of the field verification process, we will verify (through surface visible inspections) inlets
in the field, focusing on the arterial streets and public streets in residential areas. For purposes of
cost estimation, up to 80 miles of street inventoried for drainage facilities will be initially driven
for location and updating.
If additional field investigation or condition assessments are required, they will be separately
authorized and are excluded from this effort. It is assumed that up to 50 additional locations of
street would be included for this effort.
Baseline hydrologic assessments will consist of a review of the assumptions made in previous
studies and an update of the analyses based on this framework. For this effort, it is assumed that
new hydrologic models will not be required, but that existing models (or data developed therein)
can be adopted using current criteria and watershed conditions. It is also anticipated that focused
analyses will be limited to the Cove area (though City-wide analyses are possible as an additional
service), since privately developed areas would have more recent studies that have been approved
by the City and meet current drainage requirements.
It is assumed that hydraulic calculations and analyses will not include detailed backwater/pipe
network modeling, and that the analyses would be limited to the Cove in conjunction with
potential FEMA evaluations.
3.2 FEMA (Zone A)
As previously stated, many areas within the City are within FEMA Flood Zones the most critical
is near the northeast edge of the Cove. Property owners in these areas are required to purchase
flood insurance at significant cost.
Through the City, Psomas will request a copy of the Flood Insurance Study backup data from the
effective Flood Insurance Rate Map (FIRM), and upon receipt, will review and evaluate these
data. This review will seek to identify whether significant changes to the floodplain have been
made that are not reflected on the FIRM.
Psomas will review the 100-year peak flows for the effective flood insurance study, and compare
these flows to regional peak flow regression equations and analyses conducted in Task 3.1.
On this basis a draft revised FIRM will be prepared along with necessary forms for submission to
FEMA. With the City, Psomas will request a revision to the effective map.
This task excludes responses to FEMA and subsequent processing activities. Additional
processing if required may be approved by the City under separate contract amendment.
3.3 Percolation Testing
The objectives of this task are 1) to assess the validity of previous tests and applications for
percolation, 2) to assess the impacts of age and long-term siltation, and 3) to examine saturated
soils. The geotechnical program will consist of work plan development and testing consistent
with the attached cost proposal by subconsultant GeoPentech.
Master Drainage Plan 3 PSOMAS
Scope of Services June 12, 20%
Deliverables: Analysis of public facilities, identification of FEMA issues, percolation test results
and summary report.
Task 4 -- Conclusions
Based on the results from task items 1-3 above, Psomas will summarize the existing system
component and will present them in a graphically attractive map, available digitally for use in
future planning studies. Conclusions will include drainage deficiencies, FEMA Zone A areas, and
an evaluation of the existing drainage criteria.
Deliverable: Conclusions Section of Master Drainage Plan
Task 5 -- Study Alternatives
The purpose of this task is to identify alternatives that reduce or eliminate the City's drainage
deficiencies and FEMA Zone A areas. Upon completion of the initial study phases, alternatives
based on hydrology and hydraulics will be developed. Psomas will also identify other issues such
as environmental, macro -scale costs, and easements that factor into the feasibility of projects.
Upon completion of Tasks 1-4 above, Psomas will work with the City to identify favorable
remedial measures. At this time, unconventional and/or multi -benefit solutions will be
considered. Given the constraints identified above, a suite of projects/solutions will be proposed.
Deliverable: Descriptions of one suite of study alternatives, including discussion of
environmental, cost and easement issues.
Task 6 -- Recommendations
Based on the Alternatives defined above, projects will be grouped into major.areas and
prioritized.
Funding will also be considered as part of this effort. A listing and discussion of possible funding
sources for the recommended improvements that will eliminate drainage deficiencies and FEMA
Zone A areas in the City will be compiled. As specified in the City's RFP, the funding sources to
be considered will include, but not be limited to, CVWD funding, Federal funding, City funding,
and developer built improvements. Other funding sources to be evaluated include drainage fees
levied pursuant to Government Code Section 66000 et seq, property assessments, and special
taxes. A memorandum type report will be prepared that includes an evaluation of the alternative
funding sources, and the conclusions and recommendations for sources to be considered by the
City.
Task 7" -- Master Drainage Plan Preliminary Design and Cost
Estimates
Based on the recommendations, preliminary (concept -level) design and cost estimates will be
developed for projects throughout the City. For each project, Project Information Sheets will be
tabulated and will include:
• Description of the improvement
• Alignment/location
• Section/size
• Easements
• Environmental issues
• Cost estimates
Master Drainage Plan 4 P S O M A S 81
Scope of Services June 12, 209�
It is assumed that environmental and right-of-way data (and City staff) are readily available and
staff can participate in providing expertise in these areas.
Should projected capital costs be extensive, an implementation (phased expenditure) plan would
be developed jointly with the City, balancing the City's priorities and objectives.
The Plan will include an executive summary suitable for City Council review and approval. Upon
approval from the City, the contents of the Master Drainage Plan would include an introduction,
planning and design criteria, existing condition evaluation, proposed actions/projects, capital
improvement, conclusions and recommendations.
Deliverable: A streamlined Master Drainage Plan, focusing on key information required for
short-term (5-10 years) action and implementation.
Task 8 -- Master Drainage Plan Hydrology Map
As shown in the attached Table of Contents, the Master Drainage Plan Hydrology Map will be
included as an appendix to the Plan report. The map will be created in GIS, with aerial base
mapping and topography and storm drain information. Both hard copy and electronic files
(ArcView) will be transmitted to the City for use and future updates.
Exclusions and Assumptions
In developing the cost estimate, the following exclusion/assumptions were made:
Exclusions
• Formal responses to City Council, additional analyses, or resubmittal of Master Drainage
Plan
• Field measurements are limited
Assumptions
• With the exception of the kick-off meeting, meetings may be held remotely (Internet
NetMeetings) — assume up to three (3) additional face-to-face meetings and five (5) remote
meetings.
• Hydraulic studies only near Cove/City Hall vicinity for FEMA feasibility
• Limited hydrologic modeling — Cove area only
• Cost estimates and project information sheets for up to 10 projects
• Additional work within the contract schedule will be performed in accordance with the
attached Schedule of Fees.
• Reproduction and other reimbursable costs (to be paid directly by the City at cost plus 5%)
• Three (3) copies of review report will be provided. It is assumed that the City will have a
preliminary and final review, and that the City will consolidate comments
• Seven (7) copies of the final report with electronic files in Adobe pdf format.
170
Master Drainage Plan 5 PSOMAS
Scope of Services June 12, 2fw
Revised Estimate of Fees
The following table presents a revised estimate of fees based on the scope of services,
assumptions, and exclusions provided above.
Description
Task 1 Aerial Topographic, Facilities, and Hydrologic Map
$20,460
Task 2 Research
$4,000
Task 3 Evaluation
$53,510
Task 4 Conclusions
$2,880
Task 5 Study Alternatives
$3,440
Task 6 Recommendations
$5,050
Task 7 Master Drainage Plan Preliminary Design & Cost Estimates
$8,430
Task 8 Master Drainage Plan Hydrology Map
$6,260
Task 9 Meetings, Project Management, QA/QC
$16,170
Total Tasks 1-9
$120,200
Master Drainage Plan 6 P S O M A S
Scope of Services June 12, 2094
P S O M A S
La Quinta Master Drainage Plan
Fee Schedule
Effective for duration of project per Project Schedule.
CLASSIFICATION RATE ($)
Principal -in -Charge
$165
Senior Water Resource Consultant
$155
Project Manager
$140
Project Engineer
$110
Engineer/Design Engineer
$ 70
Intern
$ 50
Hourly rates include direct labor, overhead, fringe benefits and fee.
REIMBURSABLE EXPENSES
Per the City of La Quinta, mileage charges will not be reimbursed; parking expenses
incurred by office employees are charged at cost. Prints, messenger service, and other
direct expenses will be charged at cost plus five percent. The services of outside
consultants will be charged at cost plus five percent.
SPECIAL EQUIPMENT
Standard computer and technology costs are incorporated into the hourly rates shown
above.
Survey and other specialty equipment will be charged at a per unit, per day rate.
Master Drainage Plan 7 P S O M A S
Scope of Services June 12, 20a'l-
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COUNCIL/RDA MEETING DATE: July 1, 2003
AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE: Approval of Contract Change Order No.
2, and Acceptance of Phase II Cove Oasis CONSENT CALENDAR:
Improvements, Project No. 2002-02 STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Approve Contract Change Order No. 2 in the amount of $10, 000; and
Accept Project No. 2002-02, Phase II Cove Oasis Improvement as 100% complete;
and
Authorize the City Clerk to file a Notice of Completion with the Office of the County
Recorder; and
Authorize staff to release retention in the amount of $18,078.40, 35 days after the
Notice of Completion is recorded.
FISCAL IMPLICATIONS:
The following represents the available project funding and funding sources for the
proposed improvements:
Total Funding
Expenditures to date
Remaining Balance
$685,418
($447,352)
$238,066
94
S:\CityMgr\STAFF REPORTS ONLY\C6.doc
The following is a summary of Final Accounting of this Contract
Original Award $160,000.00
Approved Contract Change Order No. 1 $20,784.00
Anticipated Quantity Overrun $0.00
Total $180,784.00
Amount Paid to Date ($159,465.60)
Remaining Subtotal (Description Below) $21,318.40
Retention to be released $18,078.40
Contract amount remaining to be billed $3,240.00
CCO #2 (Early Completion Incentive to be billed) $10,000.00
Sufficient funds are available for project close out.
HARTER CITY IMPLICATIONS:
The proposed improvements are partially funded with a State Grant. The project is
subject to prevailing wage requirements.
BACKGROUND AND OVERVIEW:
The City Council approved the Fiscal Year 2002/2003 Capital Improvement Program
on July 16, 2002, which includes the proposed Phase II Cove Oasis Improvements.
The first phase of the work was completed two years ago and included the
construction of infrastructure, a primary monument sign, emergency call box, drinking
fountain, landscaping and irrigation. The proposed Phase II improvements completed
the project by installing amenities such as shade structures, entry signage, and site
furnishings.
On January 21, 2003, City Council awarded a contract in the amount of $160,000.00
including Additive Alternate No. 1 to Cora Constructors to construct the Phase II Cove
Oasis Improvements, Project No. 2002-02.
Notice to Proceed was issued on March 6, 2003 with a contract start date of March
17, 2003. The duration of the contract was 90 consecutive calendar days with a
contract completion date of June 14, 2003. Contract Change Order No. 1 was issued
to repair previous vandalism to the project and extended the contract 14 calendar days
or to June 28, 2003.
S:\CityMgr\STAFF REPORTS ONLY\C6.doc 2 9115
The project was completed on May 23, 2003, thirty-seven (37) calendar days prior to
the revised contract completion date. Section 1400-6.5.a of the Project
Specifications, provides for an early completion incentive of $500 for every working
day the contract is completed ahead of the contract completion date not to exceed 20
days or S 10,000.00. Therefore the contractor is entitled to the maximum amount early
completion incentive of $10,000.00.
The project's construction effort is now 100% complete and is in compliance with the
plans and specifications. Prior to filing the Notice of Completion, staff must receive
approval from the City Council to accept this project and authorize the City Clerk to file
a Notice of Completion.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve Contract Change Order No. 2 in the amount of $10,000; accept
Project No. 2002-02, Phase II Cove Oasis Improvement as 100% complete;
authorize the City Clerk to file a Notice of Completion with the Office of the
County Recorder; and authorize staff to release retention in the amount of
$18,078.40, 35 days after the Notice of Completion is recorded; or
2. Do not Approve Contract Change Order No. 2 in the amount of $10,000; do not
accept Project No. 2002-02, Phase II Cove Oasis Improvement as 100%
complete; do not authorize the City Clerk to file a Notice of Completion with the
Office of the County Recorder; and do not authorize staff to release retention in
the amount of $18,078.40, 35 days after the Notice of Completion is recorded;
or
3. Provide staff with alternative direction.
Respectfully submitted,
imothy R.,, on n, P.E.
Public Works Di ctor/City Engineer
S:\CityMgr\STAFF REPORTS ONLY\C6.doc 3 96
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1 . Contract Change Order No. 2
97
S:\CityMgr\STAFF REPORTS ONLY\C6.doc 4
ATTACHMENT
� 5
0oy
CONTRACT:
CONTRACTOR:
Cove Oasis Lake Cahuilla Trailhead- Phase H
Cora Constructors
74-855 Joni Drive Suite 5
Pahn Desert, Ca. 92260
CONTRACT CHANGE ORDER NO.2
Sheet 1 of 1
PROJECT NO.
2002-02
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the
following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform
to the terms, general conditions, and special provisions of the original Contract.
DESCRIPTION OF CHANGE
This Contract Change Order allows for the award of an Early Completion Incentive Bonus as per Project Specifications
Section 1400-6.5a. The project consisted of a Contract Completion Period of 90 consecutive calendar days. The project began on
March 17, 2003 with a completion date of June 14, 2003. Contract Change Order No. I extended the contract 14 calendar days to June
28, 2003. The project was deemed complete as of May 23, 2003. The project was completed in 67 consecutive calendar days resulting
in completion 37 days ahead of schedule with an award of $500.00 per working day. Therefore an award shall be made for the maximum
allowable amount of 20 working days or $10,000.00 Amain 10 000.00
Amount S 10,000.00
Previous Contract Amount Through Change Order No. 1 $ 180,784.00
Add This Change Order No. 2 $ 10,000.00
Revised Contract Total $ 190,784.00
By reason of this contract change order the time of completion is adjusted as follows: - 0- days added to contract time.
The revised contract completion date shall be: 6 /28/03
Submitted By: —Date:
Approved By: —Date:
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved that we
will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the
above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any
delays.
w
Accepted By:-i_� �- Title: Qy.,�
Contractor: C-o� Cot\s\(\L t l z r S Date: l4,Ac�;1 9 v
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COUNCIL/RDA MEETING DATE: July 1, 2003
ITEM TITLE: Approval of Contract Change Order No.
1 for a Contract Time Extension and Acceptance of
Project No. 2000-15B, La Quinta Skate Park at Fritz
Burns Park
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
7
RECOMMENDATION:
Approve Contract Change Order No. 1 for a Contract Time Extension of 15
consecutive calendar days; and
Accept Project No. 2000-15-B, La Quinta Skate Park at Fritz Burns Park Project as
100% complete; and
Authorize the City Clerk to file a "Notice of Completion" with the Office of the
Riverside County Recorder; and
Authorize staff to release retention in the amount of $8,128, 35 days after the Notice
of Completion is recorded.
FISCAL IMPLICATIONS:
This project was identified in the approved Fiscal Year 2002/2003 Capital
Improvement Program (CIP) as Phase II Fritz Burns Park Improvements. The project
was divided into two projects: 1) Project No. 2000-15A Fritz Burns Court
Improvements; and 2) Project No. 2000-15B La Quinta Skate Park at Fritz Burns Park
and both are funded from the same budget and funding sources.
The following summary is provided:
Amount Budgeted - RDA Project Area 1 & Quimby $365,000
Expenditures to Date ($310,888)
Accrued Fiscal Commitment- Fritz Burns Court Imps. ($23,954)
Remaining Project Funds Available $30,158
93
S:\CityMgr\STAFF REPORTS ONLY\C7.doc
The following is a final accounting of Project No. 2000-15B:
Original Bid $81,280.00
Change Order No. 1 (Time extension) $0.00
Anticipated Quantity Overrun $0.00
Total $81,280.00
Amount Paid to Date ($73,152.00)
Retention to be released $8,128.00
Sufficient funds are available for project close out.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
During the City Council meeting of November 5, 2002, the City Council authorized the
conversion of two existing roller hockey courts to a modular skate park facility and
authorized staff to solicit bids to furnish and install modular skate park equipment.
On March 4, 2003, the City Council awarded a contract in the amount of $81,280 to
Cora Constructors to furnish and install the specified modular skate park equipment for
Project No. 2000-15-B, La Quinta Skate Park at Fritz Burns Park.
On March 25, 2003, Notice to Proceed was issued to Cora Constructors stipulating a
contract start date of March 31, 2003, and a contract completion date of May 29,
2003. The contractor ordered the specified equipment from the manufacturer.
Through communication with the manufacturer, the contractor anticipated a delivery
date of May 7 - May 14, 2003. However, due to delays in manufacturing, the
equipment did not arrive onsite until May 27, 2003. The contractor promptly
assembled and installed the equipment. After final inspection the project was deemed
complete on June 14, 2003. The delivery delay was attributed to the manufacturer
due to a change in equipment color requested by staff. Therefore, liquidated damages
are not assignable to the contractor.
The project is now deemed to be 100% complete as the contractor has satisfied all the
terms and conditions of the contract plans and specifications. Prior to filing the Notice
of Completion, staff must receive authorization from the City Council to accept this
project as 100% complete and authorize the City Clerk to file a Notice of Compietion.
S:\CityMgr\STAFF REPORTS ONLY\C7.doc 2
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1 . Approve Contract Change Order No. 1 for a Contract Time Extension of 15
consecutive calendar days, accept Project No. 2000-15-13, La Quinta Skate Park
at Fritz Burns Park Project as 100% complete, authorize the City Clerk to submit
a "Notice of Completion" for recordation by the Riverside County Recorder, and
authorize staff to release all monies held in retention, 35 days after the Notice
of Completion is recorded; or
2. Do not approve Contract Change Order No. 1 for a Contract Time Extension of
15 consecutive calendar days, do not accept Project No. 2000-15-B, La Quinta
Skate Park at Fritz Burns Park Project as 100% complete, do not authorize the
City Clerk to submit a "Notice of Completion" for recordation by the Riverside
County Recorder, and do not authorize staff to release all monies held in
retention, 35 days after the Notice of Completion is recorded; or
3. Provide staff with alternative direction.
Respectfully submitted,
(Aimothy R. ass P.E.
uic Worko irec r/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Contract Change Order No. 1
S:\CityMgr\STAFF REPORTS ONLY\C7.doc 3 1 G 1
ATTACHMENT 1
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CONTRACT:
CONTRACTOR:
La Quinta Skate Park at Fritz Burns Park
Cora Constructors
74-855 Joni Drive Suite 5
Palm Desert, Ca. 92260
CONTRACT CHANGE ORDER NO. 1
Sheet 1 of 1
PROJECT NO.2000-15-B
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the
following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform
to the terms, general conditions, and special provisions of the original Contract.
DESCRIPTION OF CHANGE
This Contract Change Order allows for a contract time extension of 15 consecutive calendar days due to uncontrollable delays in delivery
of the skate park equipment. The project consisted of a Contract Completion Period of 60 consecutive calendar days. The project began
on March 31, 2003 with a completion date of May 29, 2003. The equipment did not arrive until May 27, 2003. The project was deemed
complete as of June 14, 2003. Due to unforseen delays in the equipment delivery, liquidated damages shall not be assessed to
Cora Constructors.
Amount $$ 0.00
Previous Contract Amount Through Change Order No. 0 $ 81,280.00,
Add This Change Order No. 1 $ 0.00
Revised Contract Total $ 81,280.00
By reason of this contract change order the time of completion is adjusted as follows: - 15- days added to contract time.
The revised contract completion date shall be: 6 /14/03
Submitted By: Date:
Approved By: Date:
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we
will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the
above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any
delays.
Accepted By: � �-4,—� Title: Ci w.
Contractor: Date:
v
T:\PWDEPWR0IEC7S\2000 Pdcu\2000-152r Fritz SkatePuMCCO # l.wpd 4
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AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: July 1, 2003
BUSINESS SESSION:
ITEM TITLE: Approval of Contract Change Order No.
2, and Acceptance of Phase II Fritz Burns Park Court CONSENT CALENDAR:
Improvements, Project No. 2000-15-A
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Approve Contract Change Order No. 2 in the amount of $ 10,000; and
Accept Project No. 2000-15-A, Phase II Fritz Burns Park Court Improvements as 100%
complete; and
Authorize the City Clerk to file a Notice of Completion with the Office of the Riverside
County Recorder; and
Authorize staff to release retention in the amount of $13,953.87, 35 days after the
Notice of Completion is recorded.
FISCAL IMPLICATIONS:
This project is currently identified within the approved Fiscal Year 2002/2003 Capital
Improvement Program (CIP). The court improvements, lighting and the skate park are
all included in Project No. 2000-15.
The following summary is provided for Project No. 2000-15:
Amount Budgeted - Quimby & RDA Project Area $365,000
Expenditures to Date ($310,888)
Skate Park Retention -Cora Constructors ($8,128)
Remaining Project Funds Available $45,984
103
S:\CityMgr\STAFF REPORTS ONLY\C8.doc
The following is a final accounting of Project No. 2000-15A:
Original Award
Approved Contract Change Order No. 1
Total
Amount Paid to Date
Retention to be released
Proposed Contract Change Order No. 2 (Early Completion)
Sufficient funds are available for project close out.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
$129,653.60
$9,885.00
$139,538.60
($125,584.73)
$13,953.87
$10,000.00
On March 18, 2003, City Council approved the appropriation of funding in the amount
of $65,000, from Quimby Funds in order to award Project No. 2000-15A, awarded a
contract to Courtmaster Sports, Inc. in the amount of $129,654 to construct Base Bid
and Additive Alternate Concept No. 3 improvements for Phase II Fritz Burns Park Court
Improvements, and approved the construction budget.
A Notice to Proceed was issued on March 25, 2003, with a contract start date of
April 7, 2003. The project had a 60 consecutive calendar day duration and a
contract completion date of June 5, 2003. Contract Change Order No. 1 provided
an extension of 5 calendar days to June 10, 2003 in order to complete additional
improvements including a drainage Swale, striping and an AC berm.
The project was complete on May 14, 2003, 20 working days prior to the contract
completion date. Section 1400-6.5a of the project specifications provides for an Early
Completion Incentive of $500 for every working day the project is completed ahead of
the contract completion date, not to exceed a maximum of 20 working days or
$10,000. Therefore, the contractor is entitled to the maximum amount of
$10,000.00. Proposed Contract Change Order No. 2 (Attachment 1) provides
compensation to the contractor for early completion.
The project's construction effort is now 100% complete and is in compliance with the
plans and specifications. Prior to filing the Notice of Completion, staff must receive
authorization from the City Council to accept the project as 100% complete and
authorize the City Clerk to file a Notice of Completion.
104
S:\CityMgr\STAFF REPORTS ONLY\C8.doc 2
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1 . Approve Contract Change Order No. 2 in the amount of $10,000, accept
Project No. 2000-15-A, Phase II Fritz Burns Park Court Improvements, as 100%
complete, authorize the City Clerk to file a Notice of Completion with the Office
of the Riverside County Recorder, and authorize staff to release retention in the
amount of $13,953.87, 35 days after the Notice of Completion is recorded; or
2. Do not approve Contract Change Order No. 2 in the amount of $10,000, do not
accept Project No. 2000-15-A, Phase II Fritz Burns Park Court Improvements, as
100% complete, do not authorize the City Clerk to file a Notice of Completion
with the Office of the Riverside County Recorder, and do not authorize staff to
release retention in the amount of $13,953.87, 35 days after the Notice of
Completion is recorded; or
3. Provide staff with alternative direction.
Respectfully submitted,
imothy R Jo as on, P.E.
Public Works Director/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Contract Change Order No. 2
5
S:\CityMgr\STAFF REPORTS ONLY\C8.doc
3 lU
ATTACHMENT
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CONTRACT:
CONTRACTOR:
Fritz Burns Park Court Improvements
Court Master Sports Inc.
P.O. Bog 580795
North Palm Springs, Ca. 92258
Sheet 1 of 1
PROJECT NO.2000-15-A
CONTRACT CHANGE ORDER NO.2
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the
following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform
to the terms, general conditions, and special provisions of the original Contract.
DF.SC ION OF CIiANGE
This Contract Change Order allows for the award of an Early Completion Incentive Bonus as per Project Specifications
Section 1400-6.5a. The project consisted of a Contract Completion Period of 60 consecutive calendar days. The project began on
April 7, 2003 with a completion date of June 5, 2003. Contract Change Order No. 1 extended the contract 5 days or June 10, 2003.
The project was deemed complete as of May 14, 2003. The project was completed in 38 consecutive calendar days resulting in
completion 27 days ahead of schedule with an award of $500.00 per working day. Therefore an award shall be made for the maximum
allowable amount of20 working days or $10,000.00 Am 10 00
Total S 10,000.00
Previous Contract Amount Through Change Order No. 1 $ 139,538.60
Add This Change Order No. 2 $ 10,000.00
Revised Contract Total $ 149,538.60
By reason of this contract change order the time of completion is adjusted as follows: - 0- days added/deleted to contract time.
The revised contract completion date shall be: 6 /10/03
Submitted By: Date:
Approved By: -Date:
We� the wxkrsoW Contractor, !rave given oarefwl cowsid wWow to the chawge proposed and hereby agree, if this proposal is approved that we
will provide all e7Wme o fwnah all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the
above specified wor�h; reby accept as pal payment the ammt u shown above which includes all direct and indirect overhead expenses for anv
delays.
Accepted
Contracts
�4
T:\PWDEPTPROIECTS12000 Nets\ZW6-i5-A Phase H Friu Bums Park Court lmpW VMsnts\Comauctioe\CC0 #2.w0
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AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: July 1, 2003
BUSINESS SESSION:
ITEM TITLE: Acceptance of Improvements
Associated with Tract No. 24890-5, The Citrus, CONSENT CALENDAR: A
Marvin Homes STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Accept improvements to Tract No. 24890-5, The Citrus, Marvin Homes, and authorize
staff to release the Performance Security. Warranty Security has been received and is
on file with the City Clerk's Office.
FISCAL IMPLICATIONS:
None. Since no public improvements were included with this tract, no additional
maintenance costs are anticipated.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
This Marvin Homes subdivision is located within The Citrus Country Club, north of
Avenue 52, south of Avenue 50, and west of Jefferson Street (Attachment 1). All
improvements are now complete, as are all obligations of the Subdivision Improvement
Agreement. Included as Attachment 2 is a spreadsheet indicating security to be
released upon City Council acceptance of improvements, as warranty security is
currently in place in the City Clerk's Office.
107
S:\CityMgr\STAFF REPORTS ONLY\C9.doc
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1 . Accept improvements to Tract No. 24890-5, The Citrus, Marvin Homes, and
authorize staff to release security; or
2. Do not accept improvements to Tract No. 24890-5, The Citrus, Marvin Homes,
and do not authorize staff to release security; or
3. Provide staff with alternative direction.
Respectfully submitted,
othy R. o )ass , P. E.
Public Works Director/City Engineer
Approved for submission by:
homas P. Genovese, City Manager
Attachments: 1. Vicinity Map
2. Security Outline
103
S:\CityMgr\STAFF REPORTS ONLY\C9.doc
ATTACHMENT 1
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ATTACHMENT 2
EXHIBIT A
Security
Tract No. 24890-5
MARVIN HOMES
Performance Security
Improvement
Description
Labor &
Materials
Current
Amount
Proposed
Reduction
Reduced Amount
(Warranty)
On -Site
Streets/Drainage
$141,800
$283,600
90%
$28,360
Sanitary Sewer
$43,100
$86,200
90%
$8,620
Domestic Water
$51,800
$103,600
90%
$10,360
Monumentation
$0
$15,800
100%
$0
Totals
$236,700
$489,200
-
$47,340
Release performance security immediately as warranty security has been received.
Release labor and materials security in 90 days (August 18, 2003). Release warranty
security in one year (May 20, 2004).
S:\CityMgr\STAFF REPORTS ONLY\C9.doc 4
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AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: July 1, 2003
BUSINESS SESSION:
ITEM TITLE: Acceptance of Improvements
Associated with Tract No. 28960, PGA West, CONSENT CALENDAR:
Centex Homes STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Accept improvements to Tract No. 28960, PGA West, Centex Homes and authorize
staff to release the Performance Security. Warranty Security has been received and is
filed with the City Clerk's Office.
FISCAL IMPLICATIONS:
None. Since no public improvements were included with this tract, no additional
maintenance costs are anticipated.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
This Centex Homes subdivision is located within PGA West (Spanish Bay), west of
Madison Street, south of Airport Boulevard and north of Avenue 58 (Attachment 1).
All improvements are now complete and all other obligations of the Subdivision
Improvement Agreement have been satisfied. Included as Attachment 2 is a
spreadsheet indicating security to be released upon City Council acceptance of
improvements, as warranty security is currently in place with the City Clerk's Office.
III
S:\CityMgr\STAFF REPORTS ONMC10.doc
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Accept improvements to Tract Map 28960, PGA West, Centex Homes and
authorize staff to release security; or
2. Do not accept improvements to Tract Map 28960, PGA West, Centex Homes
and do not authorize staff to release security; or
3. Provide staff with alternative direction.
Respectfully submitted,
Jimothy R. J asso , P.E.
Public Works Direct /City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Vicinity Map
2. Security Outline
111
S:\CityMgr\STAFF REPORTS ONLY\C10.doc 2
n r-r n G14MENT 1
S2nd I AVENUE
5&d AVENUE
5M AVENUE
r
PGA WEST
VICAVITY MAP
NOT TO SCALE
3 113
ATTACHMENT 2
Exhibit A
Security
Tract 28960
Centex Homes
Performance Security
Improvement Description
Labor &
Materials
Current
Amount
Proposed
Reduction
Reduced
Amount
(Warranty)
Streets & Storm Drainage
$269,449
$269,449
90%
$26,945
Domestic Water
$194,910
$194,910
90%
$19,491
Sanitary Sewer
$105,000
$105,000
90%
$10,500
Electrical
$120,000
$120,000
90%
$12,000
Monumentation
$0
$10,080
100%
$0
TOTALS
$689,3591
$700,4192
--
$68,9363
Release labor and materials security in 90 days (August 29, 2003).
2. Release performance security immediately as warranty security has been received.
3 Release warranty security in one year (July 1, 2004).
\\CLQADMFS1\PUBWRKS\PWDEPT\COUNCIL\2003\July 1, 2003\C10 Attachment 2.doc
4 11 �
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COUNCIL/RDA MEETING DATE: July 1, 2003 AGENDA CATEGORY:
ITEM TITLE: Adoption of a Resolution Approving the BUSINESS SESSION:
Submittal of an Application to the California Integrated
Waste Management Board for the 2003/2004 Waste CONSENT CALENDAR:
Tire Playground Cover Grant Program for Partial STUDY SESSION:
Funding of a Rubberized Surface Beneath the Water
Feature at La Quinta Park and Appropriate up to PUBLIC HEARING:
$50,685 in Quimby Funds
RECOMMENDATION:
Adopt a Resolution approving the submittal of an application to the California
Integrated Waste Management Board ("CIWMB") for the 2003/2004 Waste Tire
Playground Cover Grant Program and appropriate up to $50,685 in Quimby funds.
FISCAL IMPLICATIONS:
The total cost for the proposed rubberized surface project is estimated at $50,685.
The City is proposing a 50% match (or $25,343). The City's share would be funded
with Quimby funds up to $25,343 from Quimby fund balance reserves. In the event
the City is not successful in obtaining the grant, Staff is proposing funding the entire
amount from Quimby funds (220-000-300-290). This project will be included in the
water feature project for the La Quinta Park, which will be coming before Council for
consideration in the near future.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
CIWMB receives an annual appropriation from the California Tire Recycling
Management Fund (Tire Fund) to administer the California Tire Recycling Act (Act)
(Statutes of 1989, Chapter 974), Public Resources Code section 42860 et. seq. As
part of the Act, CIWMB is offering the Waste Tire Playground Cover Grant Program to
encourage the reduction of landfill disposal and stockpiling of California waste tires.
115
The City recently received notification from CIWMB that grant funds are available to the
City, as a public entity in California that operates public playgrounds open to the public
during normal recreational hours. The application (along with a copy of the attached
Resolution) has already been filed with CIWMB on June 23 in order to meet the June 27,
2003 filing deadline. Pending City Council approval, a copy of the signed Resolution will
be forwarded to CIWMB.
A copy of the project application is included as Attachment 1. A site location map is
included as Attachment 2. It is anticipated that recommendations of award will be
presented to the Board in October 2003, with notification of selected applicants one month
later. The grant performance period is anticipated to run from December 2003 to April 3,
2006.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Adopt a Resolution approving the submittal of an application to CIWMB for the
2003/2004 Waste Tire Playground Cover Grant Program and appropriate up to
$50,685 in Quimby funds; or
2. Do not adopt a Resolution approving the submittal of an application to CIWMB for
the 2003/2004 Waste Tire Playground Cover Grant Program and do not
appropriate up to $50,685 in Quimby funds; or
3. Provide staff with alternative direction.
Respectfully submitted,
Terry D6eringer, Man gement Assistant
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. CIWMB Grant Application
2. Site location map
11G
2
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING
THE SUBMITTAL OF AN APPLICATION TO THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT
BOARD FOR THE 2003/2004 PLAYGROUND
COVER GRANT PROGRAM
WHEREAS, the people of the State of California have enacted Assembly
Bill 1843 (W. Brown, chapter 974, Statutes of 1989) to provide grants to public
entities involved in activities that result in reduced landfill disposal of used whole
tires and reduced illegal disposal or stockpiling of used whole tires; and
WHEREAS, the California Integrated Waste Management Board has been
delegated the responsibility for the administration of the program for the State,
setting up necessary procedures governing program applications; and
WHEREAS, said procedures established by the California Integrated
Waste Management Board require the applicant to certify by resolution approval
of the application before submission of said application to the State; and
WHEREAS, if awarded a grant, the applicant will enter into an agreement
with the State of California for development of the project;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF LA QUINTA:
1. Authorizes the submittal of an application to the California Integrated
Waste Management Board for the 2003/2004 Playground Cover Grant
Program. The City Manager of the City of La Quinta is hereby authorized
and empowered to execute in the name of the City of La Quinta, all
necessary documents, including but not limited to, applications,
agreements, amendments and payment requests necessary to secure
grant funds and to implement and carry out the purposes specified in the
grant application.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta City Council held on this 1st day of July, 2003, by the following vote to wit:
117
3
Resolution No. 2003-
CIWMB Grant - La Quinta Park
Adopted: July 1, 2003
Page 2
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, CMC, CITY CLERK
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
11'
51
May 2003 ATTACHMENT 1
CALIFORNIA ENVIRONMENTAL PRC
INTEGRATED WASTE MANAGEMENT BOARD
WASTE TIRE PLAYGROUND COVER
GRANT PROGRAM FY 2003/2004
APPLICATION
Available to the Following Public Entities in California that Operate Public Playgrounds Open to the
Public During Normal Recreational Hours: Cities, Counties, City and County, Park Districts, Special
Districts, Public School Districts, State Owned Recreational Facilities, Colleges, Universities, and
Qualifying California Indian Tribes.
Applications must be postmarked or date -marked by a commercial carrier by
Friday, June 27, 2003.
Hand -delivered, late, faxed or electronic (e-mail) applications will not be accepted.
Maximum Points: 100
Applicants Must Score 70% (70 of 100 Points)
To Be Considered For Funding
Waste Tire and Playground Grants Hotline Number
(916) 341-6441
11
5
This page has been intentionally left blank.
V-10
California Integrated Waste Management Board Page 2
Waste Tire Playground Cover Grant Program FY 2003-2004
WASTE TIRE PLAYGROUND COVER GRANT PROGRAM
APPLICATION COVER SHEET
APPLICANT INFORMATION
Name: City of La Quinta
Mailing Address: 78-495 Calle Tampico
City: La Quinta
County: Riverside
Zip Code: 92253
Name and Location of Playground: La Quinta Park; NE corner of
Adams Street and Westward Ho Drive
Primary Contact/Title: Dodie Horvitz, Community Svcs. Director
E-mail Address: dhorvitz@la-guinta.org
Telephone Number: 760 777-7090
Fax Number: 760 777-1231
Secondary Contact/Title: Terry Deerin er, Management Asst.
E-mail Address: tdeerin la- uinta.or
Telephone Number: 760 777-7041
Fax Number: 760 777-7101
Legislative District Numbers - Assembly: 801" Senate: 371"
Federal Tax Identification Number: 95-3740431
If a consultant completed the application, provide the following information:
Company Name:
Company Address: Phone:
Applicant Type: (circle or check one)
Funding Information:
X City ❑ County ❑ City and County ❑ Park District
C Special District 0 School District C College or University
0 State Agency C Qualifying California Indian Tribe
0 Other:
Matching Funds
least 50% of the grant
requested or 25% [if
qualified — see p. 17])
$25,343(at
Total Sum of Grant plus
Match
$50,685
Provide a concise project summary below: What, When, how, ano vvny — Irmn nve t0i semencea
The City of La Quinta will place a rubberized surface made from waste tires recovered from the California waste
stream beneath a water feature at the La Quinta Park. This project is anticipated to begin in the early spring of 2004
and will be completed by summer of 2004. The surface area to be laid is approximately 5,027 square feet and will
include over tons of recycled waste tires. This is the best type of surface to place beneath a water feature
because of the health and safety benefits it provides. In addition, efforts will be made to increase community
awareness of alternative uses of waste tires through media and community outreach, since purchasing, using, and
promoting recycled products and materials is a fundamental part of the City of La Quinta's business philosophy.
Certification: I declare, under penalty of perjury, that all information submitted for CIWMB's consideration for allocation
of grant funds is truce acyurate to the best of my, c,00wledge.
Authorized Signature:
Type or print name and title: Thomas P. Genovese, City Manager
61Z Ole 3
(Title must be designated in the Resolution)
L:C�!_JA Environmental Justice - (Please check box and initial.) Applicant certifies that, if awarded a grant, it shall, in th
performance of the Grant Agreement, conduct its programs, policies, and activities that substantially affect human health or tr
environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minori
populations and low-income populations of the State.
California Integrated Waste Management Board Page 3
Waste Tire Playground Cover Grant Program FY 2003-2004 r
1"I
Grant Applicant: city of La Quinta
Name of Playground and Location: La Quinta Park — NE comer of Adams Street and Westward Ho Drive
Environmental Justice
Public entities that receive grant funding from C/WMB for this grant program
must comply with the following principles of Environmental Justice.
Environmental Justice is defined in Government Code Section 65040.12(c) as:
"...the fair treatment of people of all races, cultures, and incomes with respect to
the development, adoption, implementation, and enforcement of environmental
laws, regulations, and policies. "
SB 115 (Solis, Statutes of 1999, Chapter 690) broadly requires all California
Environmental Protection Agency boards, departments, and offices to conduct their
"programs, policies, and activities that substantially affect human health or the
environment in a manner that ensures the fair treatment of people of all races,
cultures, and income levels, including minority populations and low-income
populations of the state. if
Open to the Public During Normal Recreational Hours
CIWMB requires all playground cover grant projects to be open to the public during normal recreational hours. However,
if the application is from a school district there may be specific reasons why the playground cannot be open to the public.
To ensure this grant program does not exclude school districts with compelling reasons, CIWMB may allow an exemption
to this requirement. Is your playground open to the public during normal recreational hours?
0 Yes, the school district is not requesting an exemption of this requirement.
❑ No, the school district is requesting an exemption of this requirement; a justification is provided in the space below:
CIWMB may waive the "Open to the Public During Normal Recreational Hours" requirement if:
o The school district has experienced an excessive property crime rate or dollar loss as indicated in the California
Department of Education's (CDE) California Safe Schools Assessment 2000/2001 Results
http://www.cde.ca.gov/spbranch/safety/cssa/cssa.asp ;
o The school district's playground is not accessible during normal recreational hours due to security concerns (e.g.,
access to the playground is only through the school building);
o The school district is designated as "persistently dangerous" as defined by the federal "No Child Left Behind Act%
or,
o The school district has another compelling reason.
California Integrated Waste Management Board
Waste Tire Playground Cover Grant Program FY 2003-2004
n
Page 4 V
Grant Applicant City of La ulnta
Name of Playground and Location: La uinta Park — NE comer of Adams Street and Westward Ho Drive
GENERAL CHECKLIST OF BUSINESS PERMITS, LICENSES AND FILINGS1aI
PLEASE CHECK THE APPROPRIATE BOX FOR EACH PERMIT/LICENSE/FILING
Applicant has this current valid Permit/License/Filin
Applicant will obtain and/or modify this Perm it/License/Fili ng
This Perm it/License/Filing is not applicable for the business or
the proposed project. Insert "N/A" in each applicable green
box.
N/A
I LOCAL GENERAL BUSINESS
REGULATOR OR ISSUER
X
Land Use Permit/Zoning Clearance/Conditional Use
Permit
City or County if unincorporated
area
N/A
Building Construction Permit
City or Count
N/A
Business License (not required for unincorporated county
areas
City
N/A
Fictitious Business Name Filing
Count
N/A
Permit By Rule (PBR) for Permanent HHW Facilities or
Temporary Collection Events
City, County or Cal/EPA-DTSC
N/A
ABOP Notification
CUPA or Cal/EPA-DTSC
N/A
Waste Tire Facilities Permit
Cal/EPA - CIWMB
N/A
Waste and Used Tire Hauler Registration
Cal/EPA - CIWMB
N/A
Hazardous Waste Haulers Permit
Cal/EPA — DTSC
N/A
Waste Hauler Permit
City or Count
STATE PERMITS AND FILINGS
N/A
Solid Waste Facilities Permit
Cal/EPA — CIWMB
N/A
State EPA Identification Number
Cal/EPA — DTSC
N/A
Industrial Activities Storm Water General Permit
Cal/EPA — WRCB
N/A
Waste Discharge Requirements
Cal/EPA — WRCB
N/A
Corporate, Company or Partnership Filings
Ca. Secretary of State
N/A
Authority to Construct/Permit to Operate
Air Quality Management District
N/A
Non -Profit Organization 501 C 3
Secretary of State
N/A
Prop. 65 Safe Drinking Water & Toxic Enforcement Act
State Health & Safety Code
25249.10
FEDERAL PERMITS AND FILINGS
N/A
US EPA Identification Number
US EPA
N/A
I US EPA — NPDES and/or NSR Permits
US EPA
'a' This list is not intended to be all-inclusive. Grant applicant may attach additional information for other critical
Wei—snits/licenses/filings not listed above.
PUBLIC ENTITY CERTIFICATION: I declare under penalty of perjury under the laws of the State of California that
the proposed grantee: 1) has or will comply with all applicable state, federal, and local laws, ordinances, regulations,
license and permit requirements necessary for the proper performance of this grant; and 2) where compliance has
not been met, have attached a letter describing what has been done to achieve full compliance.
Executed at City.of La Quinta California on G ! ?� O 3
lb
to Date
Thomas P. Genovese, Ci Manager - ��-2L-CL��
aIT ma an f p nt Al nn7e nn iram (nnnn AuthorizedTana ure
Note: Falsification under penalty of perjury may result in criminal and civil penalties. In addition, pursuant to the
terms of the grant agreement, any misrepresentations in the above certification shall constitute a breach of
contract that could result in non-payment of grant funds to the grantee; relinquishment by the grantee of funds
previously paid; termination of the grant; and/or placing the grantee on the Board's Unreliable Contractors List.
California Integrated Waste Management Board Page 5 9
Waste Tire Playground Cover Grant Program FY 2003-2004
Grant Applicant: City of La Quinta
Name of Playground and Location: La Quinta Park — NE comer of Adams Street and Westward Ho Drive
The application is self-explanatory and contains instructions. The Appendices includes the following information: sample
purchasing policies, a sample budget itemization form; an application checklist; definitions, and scoring criteria. A complete
application should include answers to all eleven (11) criteria and the following completed forms: Work plan; Budget
Itemization; Summary of Current and Previous Grant Awards; General Checklist of Business Permits, License, and Filings,
and a Resolution, Joint Powers Authority (JPA) agreement, and/or Memorandum of Understanding (MOU). To assist you,
sample application that includes some of our best responses has been posted on CIWMB's website at:
www.ciwmb.ca.gov/Tires/Grants/Playground
GENERAL CRITERIA
NEED
(Criterion #1 — 20 points)
The grant application must clearly describe and demonstrate the local need, the benefits, and expected end results
for the project.
(10 pts.) Describe your project, why the project is needed, and how it will benefit the community. (Describe the playground
project funding needs and community needs for the playground surfacing.) Address identified gap in service availability
and/or the current unmet need. (Describe the length of time the refurbished or new playground may not be used if the
rubberized surfacing is installed, and how obtaining the surfacing grant will meet the need of the community.)
Proiect Description
The City of La Quinta proposes to provide a safe, rubberized surface beneath the future water feature at the La
Quinta Park, located at the northeast corner of Adams Street and Westward Ho Drive. The project will include
preparation of the land including installation of aggregate gravel and drainage pipes. installation of pour -in -place
rubber groundcover made from recycled California waste tires, and installation of the water feature. The play are, -
will be approximately 5,027 square feet and include over 11,158 pounds of recycled waste tires. Throughout the
project, efforts will be made to increase community awareness of alternative uses of waste tires through media
outlets. At the completion of the project, a sign will be posted indicating that funding for the project was providec
by the California Integrated Waste Management Board (CIWMB). The sign will include the number of waste tire.
diverted from the waste stream as a result of the project.
Why the Project is Needed
The La Quinta Park is located adjacent to the La Quinta High School, and will serve as the City's largest park upo
completion (scheduled to open in Fall 2003). This project is needed to service the growing contingent of children
age 14 and under which, as of the 2000 census, constituted approximately 25% of the City's total population. It is
anticipated that the water feature will experience heavy use, especially during the hot desert summers, when
children in that age group are out of school. In addition, this specific type of project is the best alternative as a
playground surface for reasons of health, safety, durability, maintenance and accessibility. Rubberized surfaces
prevent the existence of unwanted vegetation, the presence of hazardous substances, and the occurrence of pothole
where children can trip, fall, and sprain an ankle. This type of surface material will allow children with disabilities
California Integrated Waste Management Board Page 6
Waste Tire Playground Cover Grant Program FY 2003-2004 IL
Grant Applicant: City of La Quinta
Name of Playground and Location: La Quinta Park — NE comer of Adams Street and Westward Ho Drive
to enjoy the water feature and will meet accessibility and safety guidelines established by the Americans with
Disabilities Act (ADA) and the U.S. Consumer Product Safety Commission. The City of La Quinta currently ha
only two water features to service more than 30,000 residents. In a geographic region where summer da)1ime
temperatures regularly exceed 100 degrees, the water feature at the La Quinta Park will offer a safer and more
enjoyable alternative than other, more traditional forms of outdoor recreation.
How the Proiect will Benefit the Community
Installing a rubberized surface made from California waste tires beneath the water feature at La Quinta Park will
benefit the community in a number of ways. First, it is anticipated that the water feature will receive a large
amount of use as a result of visual appeal, safety and accessibility afforded by this type of groundcover. Second.
the new groundcover will reduce the need for park closure for remediation of health and safety issues associated
with alternative types of groundcovers for water features, such as wood chips, sand, hard concrete, etc. Finally,
members of the community will have an increased awareness of alternative uses for waste tires.
Gap in Service Availability and Current Unmet Need
It is anticipated that the water feature area of the La Quinta Park will be closed during preparation and installatiol
of the rubberized groundcover for approximately 2 weeks in February or March, 2004.
(5 pts.) Describe and document the problem. Support the existence of the problem and project need (described in the first
part of this criterion) with data from surveys, maintenance and safety reports, studies, accident reports, etc. Provide statisti
about how the community will be affected if new rubberized surfacing from waste tires is installed. (Note: photos of the
condition of the existing playground project illustrating the need will be accepted. Photos do not replace the description.)
Problem Description
Since this is a brand new park, there are no anticipated problems associated with the installation of the rubberizec
surface. However, a rubberized surface material beneath the water feature will provide increased accessibility to
children who are mobility -impaired. In addition, this type of surface is anticipated to significantly reduce the
number of injuries sustained by children falling down or slipping beneath the water feature.
Community Benefit
The La Quinta Park is the largest park in the City of La Quinta. It is located on an 18.07-acre parcel and will
contain a concession stand building with office space, restrooms, a tot lot, basketball courts, a skate park, two
baseball fields, and various soccer fields. This park is also within walking distance of the La Quinta High Schoo
the Amelia Earhart Elementary School, and the John Glenn Middle School. According to 2000 Census data,
11,,
California Integrated Waste Management Board Page 7 �..
Waste Tire Playground Cover Grant Program FY 2003-2004
Grant Applicant: City of La Quinta
Name of Playground and Location: La Quinta Park — NE comer of Adams Street and Westward Ho Drive
approximately 25% of the City's population reside north of Highway 111, and of that 25%, over 50% reside in th
neighborhoods in the direct vicinity of the La Quinta Park (more accurately. 'ietween Westward Ho, Adams,
Jefferson and Fred Waring). The rubberized surface project that will go beneath the water feature will have a
positive effect on the community, as it will provide a safe and healthy alternative activity that can be enjoyed by
children and adults of all ages. As mentioned previously, with daytime temperatures exceeding 100 degrees for
months out of the year, it is often unfeasible (as well as somewhat dangerous to your health) to engage in more
traditional outdoor activities such as football, basketball, soccer, and baseball in which heat stroke and dehydratic
can become factors.
According to 2000 census tract data for the City of La Quinta, our population was 23,694, including 5,826 age 14
or under.
(5 pts.) Describe health and safety threats or environmental concerns for users of this playground project's surfacing for
either existing or new playgrounds (e.g., children playing in undesirable areas, splinters from decaying wood chips,
contamination from animal feces in sand, debris on playground, hard fall surfaces, or other health and safety hazards due tc
surfacing des-.-^. etc.).
Existing Health. Safety and Environmental Concerns for Playground Users
The rubberized surfacing material should provide access for mobility -impaired children, as well as a healthy, safe
and environmentally sound area beneath the water feature in La Quinta Park. Other surfacing alternatives such as
sand, wood chips, and hard fall surfaces, all present their own unique sets of problems including unsanitary and
contaminated sand, splinters from decaying wood chips, and the possibility of serious injury inherent with a hard
fall surface, especially where water is a present. Not only are these alternatives surfaces unhealthy and unsafe, tht
are not at all conducive to placement beneath a water feature, nor do they divert tires from the waste stream.
1,)6
Cafifomia Integrated Waste Management Board Page 8 12
Waste Tire Playground Cover Grant Program FY 2003-2004
i
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I
,� .,' �-' a 'x �'� f" ' '. a '" >`� " •��x'. :t y�r a�,y !'' t E'�
a~•��� 17' t � , • 1 r , �� � ° � s ~; �"�� a �a j y � '11 y'� r 1 .4 y �qq ; 4 � y�, d� 4 M q
y�tlil�A��1. 4: '4 !lk ."4 ! W •4 '• 1 !n r , 4 ';.I
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A�
Grant Applicant: City of La Quinta
Name of Playground and Location: La Quinta Park - NE comer of Adams Street and Westward Ho Drive
GENERAL CRITERIA
GOALS AND OBJECTIVES
(Criterion #2 -10 pts.)
Goals and objectives must be developed using the identified need from Criteria #1 and the Work Plan from
Criterion #2. Describe, in the sections below, how these were determined.
(5 pts.) Describe specific goals and objectives for the project. The goals should reflect what you wish to accomplish by
providing surfacing for this playground project. The related objectives should be specific, measurable, relevant to the project,
and time -limited. Please see the definitions for goals and objectives in Appendix D.
This project involves three main goals. First, provide a recreational alternative at the La Quinta Park by installing a
water feature for the enjoyment of La Quinta residents. Second, divert California waste tires from the waste stream
through the use of pour -in -place rubber ground cover made from recycled tires. Third, educate residents regarding
alternative uses for waste tires.
Goal 1: Provide a safe and healthy recreational alternative at the La Quinta Park through the addition of pour -in -
place rubber ground surfacing under a water feature.
Objective A: Prepare site for installation of rubber ground surfacing (February, 2004).
Objective B: Install pour -in -place ground cover made from California waste tires (February, 2004).
Goal 2: Divert approximately 930 California waste tires from the waste stream.
Objective A: Identify vendors who uses California waste tires in the manufacture of pour -in -place
rubber material for use in playgrounds (December, 2003).
Objective B: Purchase pour -in -place rubber ground cover made from California waste tires (January,
2004).
Goal 3: Educate residents of La Quinta about alternative uses of waste tires.
Objective A: Install permanent signage at park site advertising that the groundcover was produced by
California waste tires and purchased with financial support from the California Integrated
Waste Management Board (March, 2004) (see Attachment).
Objective B: Advertise the project through local media outlets (April, 2004).
California Integrated Waste Management Board Page g 14
Waste Tire Playground Cover Grant Program FY 2003-2004
Grant Applicant: Citv of La uinta
Name of Playground and Location: La Quinta Park - NE comer of Adams Street and Westward Ho Drive
(3 pts.) How was identified need as described in Criterion #1 determined for this project? For example: community
workshops, planning sessions, user input, surveys, etc.
There was not enough residential development in the City's northern section at the time of the City's purchase of
the land for the park in 1988. In subsequent years, however, with continued development in that portion of the
City, it became a priority to identify the intended development of the community park and generate an economic
phasing strategy to produce a long-term unified park project that had the support of the immediate and City-wide
community. The project had been on hold from 1993 until 1999, at which time the tremendous growth of the City
necessitated designation of the development of the Community Park as a priority. Prior to the project being put on
hold, however, the City contracted with Purkiss-Rose-RSI in 1992 to present a design development report for the
La Quinta Park (called the "Community Park North" at that time). The methodology included community public
meetings held near the park site, which were intended to invite citizen participation in the planning process. Over
3,000 flyers were sent to citizens in the north section of the City inviting their participation. Public notices were
also placed throughout the City. The first meetings were held in May and June, 1992, and subsequent meetings
were held in June and October, 2000. Specific concerns from citizens were voiced and noted and a list of potential
recreation activities that should be considered in the park was developed. That list included a spray sculpture or
water feature (see attached Master Plan for the Park for site location).
(2 pts.) List any cooperating individuals and/or organizations and describe their involvement. For example, the Rotary Club,
neighborhood volunteers, parents, a private business providing materials, or volunteer services, etc. (For purposes of this
criterion, the applicant agency is not considered a cooperating individual or organization.)
N/A
1.j0
•.
California Integrated Waste Management Board Page 10
IAI�cre Toro Plavnrrn,nd Cover Grant Program FY 2003-2004
SOCCER OVERLAY
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-NICITY OF LA OUINTA
4
Grant Applicant: City of La Quinta
Name of Playground and Location: La Quinta Park — NE comer of Adams Street and Westward Ho Drive
GENERAL CRITERIA
WORK PLAN
(Criterion #3 - s pts.)
On the Work Plan form Identify the tasks you'll take to implement your Work Plan.
(2 pts) Work Plan Narrative
Identify staffing from your agency required to complete the proposed project. For example, public entity staff
titles, architect, engineer, park planner, etc. If your agency plans to use a contract to complete this project, provic
this information in your narrative of the work plan.
The following City of La Quinta staff will contribute to the completion of the proposed playground project:
Director, Community Services Department
Contracts Staff, Public Works Department
Assistant Engineer I, Public Works Department
Maintenance Manager, Public Works Department
Maintenance Staff, Public Works Department
Management Assistant, City Manager's Office
Describe a s ep cific funding plan for future maintenance and operational costs.
The city has set aside $62,139 for water -related on -going maintenance and operational costs per year for the La
Quinta Park, in its entirety, and anticipates apportioning approximately 1 %--% of that amount ($62141,243) for
the costs associated with the water feature and rubberized surface. It is expected that there will be a savings to the
maintenance line item during the first several years because of the newness of the project and the associated ease c
care.
California Integrated Waste Management Board Page 11 18
Waste Tire Playground Cover Grant Program FY 2003-2004
Grant Applicant: City of La Quinta
Name of Playground and Location: La Quinta Park - NE corner of Adams Street and Westward Ho Drive
WASTE TIRE PLAYGROUND COVER GRANT PROGRAM
(Work Plan — continued (3 pts))
(3 pts) The Work Plan must list, in detail, all tasks, including grant funded and matching activities that are necessary to complete the proposed project.
Please number each task. NOTE: Work Plan task numbers must match with the task numbers shown on the Budget line items.
Task
#
Task Description
Budget
Product or
Results
StafVContractor
Time Period
(use dates)
Grant
Match
Pre -Installation Phase
1.
Design —Public Works Department and the
$0
$516
Design layout
Project Manager
Dec. - Feb. 2004
Community Services Department staff finalize plan
completed
Management Asst.
2
Request for Bids —secure bids for purchase, prep
$0
$586
Product and
Project Manager
Contracts Staff
Mar. -May 2004
and installation of pour -in -place surfacing
service bids
secured
Installation Phase
3.
Purchase and Installation —purchase and install
pour -in -place rubberized surface material made
$25,342
$22,527
Rubberized
Maintenance
Manager, Contractor
June 2004
from recycled tires
ground cover
installed
If additional space is needed, the Work Plan form may be reproduced as necessary
CZ v �
Grant Applicant: City of La Quinta
Name of Playground and Location: La Quinta Park - NE corner of Adams Street and Westward Ho Drive
Task
#
Task Description
Budget
Product or
Results
Staff/Contractor
Time Period
(use dates)
Grant
Match
Post -Installation Phase
4.
Purchase and Install Signage
$0
$1,311
Signage installed
Project Manager
July 2004
Maintenance Staff
Assistant Eng. 1
5.
Publicize Water Feature Opening —publicize
$0
$403
Community
Y
Project Manager
July 2004
activities through local media outlets
9
informed of
activities
Grand Opening
$0
$0
Water feature
Project Manager
July 2004
opened
On -going Park Maintenance
$0
$0
Park maintained
Maintenance Staff
at an approximate
cost of $1,243
(Hint: In one of the above phases, you must
annually
include public education and signage
information.)
Grant Applicant: City of La Quinta
Name of Playground and Location: La Quinta Park — NE comer of Adams Street and Westward Ho Drive
GENERAL CRITERIA
EVALUATION
(Criterion #4 - 5 points)
Describe your methods to evaluate the project and determine whether the goals, objectives, and tasks
will be accomplished successfully.
(2 pts.) How will you determine if the goals, objectives, and tasks for this project have been met (post -construction inspectic
use by the community, user surveys, etc.)?
The following methods will be used to verify successful completion of the specified goals. objectives, and tasks:
1. A thorough post -construction inspection will be conducted to determine if the construction phase of the
project was completed as contracted and to see if there is anything that requires correction. Our findings
will be reported to the contractors.
2. A separate post -construction survey will be conducted to assess satisfaction of the immediate end -user wit
the project as a whole, and with the equipment and landscaping. The survey will be conducted by our
Community Services Department staff and will be directed at recreation users on -site to assess a
community/user satisfaction index with the facility. The information generated will be provided to
CIWMB.
3. A Final Report will be prepared for CIWMB that will include all grant requirements.
(2 pts.) How will you measure the project's impact on the community and the playground users?
We will utilize the data collected in our proposed user satisfaction survey, noted above, in order to measure the
impact of our project on the daily users of the playground. The data will be analyzed for a number of criteria that
will, hopefully, provide appropriate feedback, which we can then use in the planning of future projects. The City
will also monitor and review the number of accident reports and use this to measure the health and safety impact
the community.
(1 pt.) Describe any evaluation reports that will illustrate the success of the project.
The Final Report to CIWMB will illustrate the success of the project by providing the data collected in our
proposed survey. That report will also serve as a model to illustrate the usefulness of tracking all projects to coil(
data, which can then be used as a tool in future planning and project endeavors.
1 ri7)
California Integrated Waste Management Board Page 14 21
Waste Tire Playground Cover Grant Program FY 2003-2004
Grant Applicant: City of La Quinta
Name of Playground and Location: La Quinta Park — NE comer of Adams Street and Westward Ho Drive
List staff responsible for the project evaluation and evaluation reports:
Name: Dodie Horvitz, Project Manager (Community Services Director) Phone Number: (760) 777-7032
Name: Terry Deeringer, Management Assistant
Phone Number: (760) 777-7041
California Integrated Waste Management Board Page 15 22
Waste Tire Playground Cover Grant Program FY 2003-2004
Grant Applicant: City of La Guinta
Name of Playground and Location: La Guinta Park — NE comer of Adams Street and Westward Ho Drive
GENERAL CRITERIA
BUDGET ITEMIZATION FORM
(Criterion #5 —10 points)
Provide a detailed itemization of funds requested and demonstrate that the project is cost-
effective. Attach quotations, estimates, or other documentation to support costs. See page 6
and 7 of the Application Information and Instructions for a list of ineligible expenses and other
details. For the products, materials, goods, and supplies used in the performance of this
Agreement, the Grantee shall certify under penalty of perjury the minimum, if not exact,
percentage of recycled content, both secondary waste and post -consumer waste, as defined in
Public Contract Code (PCC) §§ 12161, 12162, 12181, 12182, and 12200, as applicable. This
certification shall be provided to the CIWMB Grant Manager on a Recycled Content Certification
Form if grant is awarded.
Pre -Installation Phase See ADDendix B — Bud et Sample)
Task # 1
Item
Item Description (detailed)
Grant $
Match $
Total $
Personnel:
Project Manager
6 hours @ $56.27/hour
0
338
338
Design
Management Assistant
3 hours @ $34.25/hour
0
103
103
Materials & Supplies:
Miscellaneous Office
Supplies
Paper, copies, office supplies
0
75
75
Task 1 Total:
0
516
516
Task # 2
Item
Item Description (detailed)
Grant $
Match $
Total $
Personnel:
Request
For
M
Project Manager
i g
5 hours @ $56.27/hour
0
281
281
Bids
Contracts Staff
2 hours @ $95/hour
0
200
200
Bid Advertising
2 wks. Ad in Desert Sun
0
30
30
Materials and Supplies:
Miscellaneous Office
Supplies
Paper, copies, office supplies
0
75
75
Task 2 Total:
01
586
586
Installation Phase
Task # 3
Item
Item Description (detailed)
Grant $
Match $
Total $
Purchase
Personnel
And
Maintenance Manager
4 hours@ $42.87/hour
0
171
171
Install
Materials & Supplies:
Rubberized Playground
Cover
5,027 sq. ft plus freight and tax
25,342
22,356
47,698
Contractor:
Rubberized Surface Installer
Cost for installation included in materials quote
0
0
0
Task 3 Total:
25,342
22,527
47,869
California Integrated Waste Management Board Page 16
Waste Tire Playground Cover Grant Program FY 2003-2004 23
Grant Applicant: _ City of La Duinta
Name of Playground and Location: La Quints Park — NE corner of Adams Street and Westward Ho Drive
Post -Installation Phaea
Task #4
Item
Item Description detailed
Grant $
Match $
Total $
Personnel:
Purchase
Project Manager
4 hours @ $56.27/hour
0
225
225
&
Maintenance Staff
2 hours @ $30.78/ hour
0
62
62
Install
Asst. Engineer 1
3 hours @ $31.36/hour
94
94
Sign
Materials & Supplies:
Signage
72" x 24" Sign
01
930
930
Task 4 Total:
0
1,311
1,311
Task #5
Item
Item Description detailed
Grant $
Match $
Total $
Personnel:
Publicize
Project Manager
4 hours @ $56.27/hour
0
225
225
In
In -kind labor
4 hours @ $25.62/ hour
0
103
103
Media
Materials & Supplies:
Advertising
Newspaper ads and flyers for businesses
Office supplies
Copies, paper, misc.
75
75
Task 5 Total:
4031
403
$25,342
$25,343
$50,685
California Integrated Waste Management Board i �_) S
Waste Tire Playground Cover Grant Program FY 2003-2004 Page 17
24
Grant Applicant: city of La Quinta
Name of Playground and Location: La Quinta Park — NE comer of Adams Street and Westward Ho Drive
GENERAL CRITERIA
APPLICATION COMPLETENESS, LETTERS OF SUPPORT, EXPERIENCE, ETC.
(Criterion #6 —10 points)
Completeness (5 Pts.)
Applicant must submit:
(� A completed and signed original and three (3) copies of the application. Mark 'original" and
"copy" on the applications as appropriate.
An original and three (3) copies must be double -sided and printed on recycled -content paper,
and fastened in the upper left-hand corner (do not bind).
[� Application must include an approved resolution or a resolution timeline (see sample
resolution), or a Joint Powers Authority agreement or a Memorandum of
Understanding (if applicable).
[� The person whose title is designated in the resolution or authorizing document must
sign the application and check the boxes and initial the Environmental Justice
Section.
[� Applicant MUST include certification that they have obtained, or will obtain, ALL
required permits, licenses, and filings (Complete and sign the General Checklist of
Business Permits, Licenses, and Filings).
Letters of Support (3 Pts.)
21, Application packet includes at least three (3) letters of support for the project. For the
purposes of this requirement, do not include letters of support from the applicant's
agency or their staff. All letters of support must be submitted with your application
packet. Do not send letters to CIWMB separately.
Experience (2 Pts.)
Dodie Horvitz, Community Services Director, will be project manager for the La Quinta Park
rubberized surface project. Ms. Horvitz has a wealth of experience managing recreational and
facility construction projects and grants. She has coordinated several park projects. including
those funded by Community Development Block Grants, National Park Service grants, and a
number of local grants. Currently, Ms. Horvitz is overseeing the opening of the City's first
skateboard park, as well as the final preparations for the opening of the La Quinta Park, which
will be the City's largest park. She is also responsible for administration of the City's grant from
the California Safe Neighborhood and Parks program (Proposition 12).
Ms. Horvitz has sufficient knowledge of the project and the method in which the project is to be
completed. She will administer the entire project, including project evaluation.
California Integrated Waste Management Board Page 18
Waste Tire Playground Cover Grant Program FY 2003-2004
25
Grant Applicant: City of La Quinta
Name of Playground and Location: La Quinta Park — NE comer of Adams Street and Westward Ho Drive
Previous CIWMB Grant Awards
CHECK ONE BOX
0 Using the table on the following page, list CIWMB grants received in the past three fiscal
years (2000/2001, 2001/2002, and 2002/2003).
OR
❑ This agency has received no other grants from CIWMB in the last three fiscal years
(2000/2001, 2001/2002, and 2002/2003).
California Integrated Waste Management Board page 19
Waste Tire Playground Cover Grant Program FY 2003-2004 26
Grant Applicant: City of La Quinta
Name of Playground and Location: _La Quinta Park - NE corner of Adams Street and Westward Ho Drive
SUMMARY OF CURRENT AND PREVIOUS CIWMB GRANT AWARDS
For Fiscal Years 200012001, 200112002, or 2002/2003 only
Type of Grant
Agreement Number
Grant Award $
Brief Program Description
(1-2 Sentences)
Audit
(datelagency)
2001/2002 Waste Tire
Playground Cover Surfacing
Grant Program
TR19-01-5183
$6,900
Resurfacing of area beneath water
feature in Adams Park
Final report
filed in
February 2003
California Integrated Waste Management Board Page 20
ry �nn3 9nne
Grant Applicant: City of La Quinta
Name of Playground and Location: La Quinta Park — NE comer of Adams Street and Westward Ho Drive
GENERAL CRITERIA
RECYCLED -CONTENT PURCHASING POLICY OR DIRECTIVE
(Criterion #7 - 15 points)
Definition of recycled -content purchasing policy or directive: Either 1) a policy which specifies
purchasing recycled -content products instead of non -recycled products whenever price, quality, and
availability are comparable or 2) a directive or memo instructing recycled -content purchasing practices.
Examples include: a re -refined oil purchasing policy or a more general "recycled -content" procurement
policy. See Appendix A — Sample Procurement Policies.
(4 pts.)
Does your organization have a recycled -content purchasing policy or directive? Yes 0 No ❑
Date policy or directive was adopted: June 6, 1995 (The policy or directive may be adopted during the
application process.)
(3 pts.)
Briefly describe your recycled -content purchasing policy or directive (do not attach your policy/directive):
The City of La Quinta adopted a recycled content purchasing polity in 1995. The policy encourages every City department,
Committee and Commission to purchase products that contain recycled materials, including, but not limited to, all forms of paper,
trash can liners, desk accessories, "plastic" lumber, safety barriers, plastic matting, retread tires, and rubberized asphalt 3
glassphaft. Additionally, the City has a source reduction policy which includes directives to use double -sided copying & reusable
cups and mugs (which are issued to all new employees). (2 pts.)
(5 pts.)
Check the boxes that correspond with the types of recycled or re -used products you have purchased or used
0 Office paper supplies
0
Furnishings: benches, tables, chairs
❑ Shipping boxes
0 Toner cartridges
0
Leisure/play equipment
O Finishes: paint, wall coverings
❑ Construction/building materials
❑
Floor coverings
0 Re -used concrete, asphalt, brici
0 Re -treaded tires
❑
Compost/mulch
0 Rubberized Asphalt Concrete
0 Janitorial paper products
0
Containers/storage systems ❑ Others, please list
❑ Re -refined oil
0
Rubberized Playground Cover
Equipment/vehicles using re -refined
oil: (mowers, trucks, vans etc.)
Evaluate your Recycled -Content Purchasing Policy or Directive
1. What areas need improvement?
The City's staff is very conscientious about searching for vendors of recycled content products. A
database of recycled content vendors made available to the Purchasing Department would allow them to
make suggestions for use of vendors who supply recycled content products based on each department's
purchasing habits.
0 pt.)
2. What aspects have been successfully implemented?
Almost all of the City's paper products, including letterhead, envelopes, copy paper, and toilet tissue, are
made of recycled -content whenever feasible. Additionally, Waste Management collects the City's grass
and vegetation clippings for use as compost/mulch.
lr�
California Integrated Waste Management Board Page 21 A
Waste Tire Playground Cover Grant Program FY 2003-2004 8
Grant Applicant: City of La Quinta
Name of Playground and Location: La Quinta Park — NE comer of Adams Street and Westward Ho Drive
PROGRAM CRITERIA
RECYCLING AND SUSTAINABLE PRACTICES PROGRAMS
(Criterion #8 - 5 Points)
Provide evidence that a recycling and a sustainable practices program has been developed and
implemented by the public entity to recover materials from the waste stream. Provide evidence
that the program mitigates or avoids adverse environmental effects.
(3 pts.)
Explain how the applicant handles easily recycled internal waste such as paper, bottles, and cans.
Describe how the applicant integrates waste management and recycling practices into its special events
and/or recreational programs at the project location. How does the applicant's recycling program lessen
or avoid unfavorable environmental effects.
The City of La Quinta has implemented several City-wide recycling programs and is constantly
on the lookout for new ways to improve existing programs. Since 1994, within City Hall, each
desk has a recycling can for paper, aluminum, glass and plastic bottles. In addition, there are
large recycling containers located by all copiers and in the employee break room. Each
department has a large bin for collecting aluminum cans for recycling. Waste Management of
the Desert provides residents with large grass cycling and recycling bins for curbside pick-up.
They also provide bulky item pick-up upon request by City residents. and they provide recycling
containers for special events held in the City.
The City has a "Recycling in the Park" program that includes beverage container recycling bins
in most of the City parks, public outreach via ads in local publications. and recycling posters
displayed at local businesses.
(2 pts.)
Evidence of performing sustainable practices (Sustainable practices are procedures that result in
resource conservation and/or efficiency). Check the boxes that correspond to the sustainable practices
your agency participates in.
0 Grass Cycling
Integrated Pest Management
L7 Green Operations/Maintenance
Energy Efficiency
ID Other, describe
Composting / Mulching
Water -Efficient Landscaping
Demolition / Debris Recycling
Sustainable Construction
Renewable Energy
The City of La Quinta owns two CNG vehicles, as well as an electric car and two electric golf carts, all of
which are used for travel by City employees when appropriate.
California Integrated Waste Management Board
Waste Tire Playground Cover Grant Program FY 2003-2004
14
Page 22
29
Grant Applicant: City of La Quints
Name of Playground and Location: _La Cuinta Park — NE comer of Adams Street and Westward Ho Drive
PROGRAM CRITERIA
PRIOR WASTE TIRE PLAYGROUND COVER OR TRACK SURFACING GRANT
(Criterion # 9 - 5 points)
CHECK ONE BOX
(0 Pts•)
(5 Pts•)
0 This public entity has been awarded a Playground Cover and/or Track and Other Recreational
Surfacing grant funded from the California Tire Recycling Management Fund offered by CIWMB
during either of the last two grant cycles (fiscal years 2001/2002 and/or 2002/2003).
OR
❑ This public entity has received no Playground Cover and/or Track and Other Recreational
Surfacing funding from the Califomia Tire Recycling Management Fund offered by CIWMB
during either of the last two grant cycles (fiscal years 2001/2002 and/or 2002/2003).
PROGRAM CRITERIA
ESTIMATED COST PER CALIFORNIA WASTE TIRE DIVERTED FROM THE WASTE
STREAM
(Criterion #10 -10 points)
The applicant will receive points based on the number of waste tires diverted from the waste stream as it
relates to the cost per tire. The cost per tire is calculated by dividing the total sum of the grant plus match
(as listed on the application cover sheet) by the total number of tires used in the project. (See
Instructions pages 6 and 7 for a description of eligible and ineligible costs.) Tip: If the manufacturer is
only able to indicate the number of pounds of rubber used in the project, CIWMB estimates that twelve
(12) pounds of rubber can be recovered from each waste tire.
NOTE: If the applicant does not provide an accurate calculation, zero (0) points will be awarded for this
criterion.
The playground surfacing for La Quinta Park will include 5,027 square feet (11,158 pounds) of
rubber surfacing made from California waste tires. Assuming 12 pounds of rubber can be
recovered from each waste tire, the project will result in the diversion of 930 California waste
tires from the waste stream.
$50,685 / 930 = $54.50
Total eligible cost (divided by) number of tires total cost per tire
California Integrated Waste Management Board Page 23 3 O
Waste Tire Playground Cover Grant Program FY 2003-2004
Grant Applicant: City of La Quinta
Name of Playground and Location: La Quints Park — NE comer of Adams Street and Westward Ho Drive
PROGRAM CRITERIA
ECONOMIC NEED
(Criterion #11 - 5 points)
The points below are allocated based on the applicant's ability to demonstrate economic need in the area
in which the project is physically located, based on median household income data from the U. S.
Census. Please check only one box and provide the project Zip Code Tabulation Area (ZCTA) and the
ZCTA median household income in the space provided below. To find the median household income of
the project, refer to the step-by-step process on page 9 of the "Application Information and Instructions."
Applications that qualify for five (5) points also qualify for "Extreme Financial Hardship" and need only
provide a match of twenty-five percent (25%) of the total grant amount requested (see page 10 of the
Application Information and Instructions). California's Median Household Income is $47,493. Sixty-four
percent (64%) of the State Median Household Income is $30,396. However, for the purposes of this
criterion, we will use at or below $30,399 to receive five (5) points. Other calculation adjustments have
been made to assist the applicant.
0 0 Points - The playground project is located within a ZCTA for which the median household
income is at or over 75.00% (at or over $35,624).
❑ 2 Points - The playground project is located within a ZCTA for which the median household
income is between and including 70.00% - 75.00% (between and including $33,245 - $35,623).
❑ 3 Points - The playground project is located within a ZCTA for which the median household
income is between and including 64.01 % - 69.99% (between and including $30,400 - $33,244).
❑ 5 Points - The playground project is located within a ZCTA for which the median household
income is at or below 64.00% (below $30,399).
Project ZCTA number: 92253 ZCTA Median Household Income: $38,817
Please submit an approved resolution with your application or the following acknowledgement.
O Approved resolution enclosed in the application.
0 Our governing body will consider this resolution on: July 1, 2003.
We acknowledge that the approved resolution must be received by CIWMB by October 30, 2003.
DRAFT RESOLUTION ATTACHED
1 115
California Integrated Waste Management Board Page 24
Waste Tire Playground Cover Grant Program FY 2003-2004
31
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING
THE SUBMITTAL OF AN APPLICATION TO THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT
BOARD FOR THE 2003/2004 PLAYGROUND
COVER GRANT PROGRAM
WHEREAS, the people of the State of California have enacted Assembly
Bill 1843 (W. Brown, chapter 974, Statutes of 1989) to provide grants to public
entities involved in activities that result in reduced landfill disposal of used whole
tires and reduced illegal disposal or stockpiling of used whole tires; and
WHEREAS, the California Integrated Waste Management Board has been
delegated the responsibility for the administration of the program for the State,
setting up necessary procedures governing program applications; and
WHEREAS, said procedures established by the California Integrated
Waste Management Board require the applicant to certify by resolution approval
of the application before submission of said application to the State; and
WHEREAS, if awarded a grant, the applicant will enter into an agreement
with the State of California for development of the project;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF LA QUINTA:
1. Authorizes the submittal of an application to the California Integrated
Waste Management Board for the 2003/2004 Playground Cover Grant
Program. The City Manager of the City of La Quinta is hereby authorized
and empowered to execute in the name of the City of La Quinta, all
necessary documents, including but not limited to, applications,
agreements, amendments and payment requests necessary to secure
grant funds and to implement and carry out the purposes specified in the
grant application.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta City Council held on this 1st day of July, 2003, by the following vote to wit:
1115
32
Resolution No. 2003-
CIWMB Grant - La Quinta Park
Adopted: July 1, 2003
Page 2
AYES:
NOES:
ABSENT:
ABSTAIN:
JUNE S. GREEK, CMC, CITY CLERK
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
DON ADOLPH, Mayor
City of La Quinta, California
14i
33
Grant Applicant: City of La Quinta
Name of Playground and Location: La Quinta Park— NE comer of Adams Street and Westward Ho Drive
June 16, 2003
California Integrated Waste Management Board
Waste Tire Playground Cover Grant
Financial Assistance Branch
Grants Administration Unit
P.O. Box 4025, MS 10
Sacramento, CA 95812-4025
To Whom It May Concern:
On behalf of the La Quinta Community Services Commission, I would like to endorse the City's
submittal of the California Integrated Waste Management Board's Waste Tire Playground Cover
Grant Program application for the La Quinta Park.
The City used the same type of rubber surfacing material beneath the water feature at Adams
Park. Not only does the pour -in -place rubber surfacing made from recycled waste tires
significantly enhance the health and safety of the families who will use the water feature, but it
also exemplifies the City's dedication to recycling and using recycled -content products.
As Chair of the Community Services Commission, I look forward to supporting City staff and
officials in the completion of this important project.
d6� "bevp`�)
Tori St. Johns, Chair
La Quinta Community Services Commission
California Integrated Waste Management Board
Waste Tire Playground Cover Grant Program FY 2003-2004
14S
Page 25 34
Grant Applicant: City of La Quinta
Name of Playground and Location: La Quinta Park — NE comer of Adams Street and Westward Ho Drive
DIVISION OF
RECYCLING
801 K STREET
SACRAMENTO
C A L I F O R N I A
95814
Pr.0NE
9-0!323-3836
F A K
916i32'-2144
TAD
916,324-2555
DEPARTMENT OF CONSERVATION
S T A T E O F C A L I F O R N I A
June 16, 2003
California Integrated Waste Management Board
Waste Tire Playground Cover Grant
Financial Assistance Branch
Grants Administration Unit
P.O. Box 4025, MS 10
Sacramento, CA 95812-4025
To Whom It May Concern:
As Regional Recycling Assistant for the California Department of
Conservation, I enthusiastically endorse the City of La Quinta as a grantee.
My experience in working with Terry Deeringer on the City/County Payment
Program has been outstanding. The grant staff at the City of La Quinta is
always reliable and conscientious when providing me with project
information.
IN'ERN:T
con srv.ca. gov
The proposed project at La Quinta Park, including the use of pour -in -place
rubber surfacing made from recycled waste tires, will significantly enhance
G R V Y D A 1 s the recreational opportunities available to La Quinta families while
E R N R A promoting recycling efforts throughout the State.
am pleased to offer my support of City staff in their efforts to secure
funding for this important project.
Laurie Yee
Department of Conservation
Regional Recycling Assistant
California Integrated Waste Management Board Page 26
Waste Tire Playground Cover Grant Program FY 2003-2004
35
Grant Applicant: City of La Quinta
Name of Playground and Location: La Quinta Park — NE comer of Adams Street and Westward Ho Drive
June 16, 2003
California Integrated Waste Management Board
Waste Tire Playground Cover Grant
Financial Assistance Branch
Grants Administration unit
P.O. Box 4025, MS I0
Sacramento, CA 95812-4025
To Whom It May Concern:
WASTE MANAGEMENT
41.575 Eciccuc Stroer
Hahn Desert, CA 9, 2h)
(7 63) 340- 5901
(760)340-2732 Fax
w ww. wrlld ese rt. com
Waste Management of the Desert is extremely pleased to support the City of La Quinta's
grant application for a Waste Tire Playground Cover Grant from the California Integrated
Waste Management Board to be used beneath the water feature at La Quinta Park.
As the City's waste and recycling hauler, we recognize what an excellent opportunity this
is for the City to "complete the loop" in reuse and recycling of tires. This park will be
available to the citizens of La Quinta and all residents of the Coachella Valley as a place to
see and learn about recycling tires.
In addition to the educational aspect of the park, using rubberized surfacing is another
avenue worth developing in La Quinta's AB 939 programs. We hope that you will agree
that this is a project worth supporting.
Sinc y,
Valerie Ward
Recycling Coordinator
cc: City of La Quinta
File
California Integrated Waste Management Board Page 27
Waste Tire Playground Cover Grant Program FY 2003-2004 36
Grant Applicant: City of La Quints
Name of Playground and Location: La Quints Park — NE comer of Adams Street and Westward Ho Drive
dove bang asset., Inc. Quotation
** Since 1979 **
P.O. Box 1088, Tustin, California 92781 CA NEW
1-800-669-2585 Fax 1-800-729-2483
To City of La Quint& Quotation Date Sslosperson
Attn: Dodie Horvitz June 17, 2003 Pete Selak
78-495 Calle Tampico _
La Quints, CA 92253 Term*
FNet 30 with purchase order
Estimated Shipping Dab I Shipped Via
-4 Weeks
ruck
F.O.R.
Quinta
5,027 SF ISaf Dek Rubber Playground Surfacing by No -Fault with
50% stnadard color/50% black EPDM top layer.
Tax 7.75%
Shipping
TOTAL DELIVERED
Installation by Factory Crew is included.
Base preparation is not included.
This square footage uses approximately 11,158
pounds of recycled tire rubber. This equals 697
recycled passenger tires at a yield of 16 pounds per
tire.
THANK YOU FOR THIS CHANCE TO QUOTE
9.00 1 45,243.00
2,454.43
included
47,697.43
Qq AAt /Lr ue0 RI IN kL t' TNi Mtoo,OUOTAT•ICN AT YOtn (ONmTN. SNOLT.d YOL' ►LAC ' CICIDElL 6E ASSCTI[O IT WILL Rif [f\t OtR PIOM►T A1Tl Ni10N TWi
171tT51WT TT);7, Y NMDITIOW O► JUR CREDIT nom Pon ,y,t, IS VALID 7OR
t OV7VALiNT O/ OR101NAL ti,L PAST DUt ACCOYM3 S1IRRCT TO 11�JT. ,C DAYS TfO.AE.VTER fT ti LI,J�ftCT TO I'XV,N E MNOU-r MM FAX COPY DON TW M TATION
f0LLSCTTOI'. yC?%'t t SMALL OC TUSTIN. CA NIONT►ILY rL%ANCE CNAA01 IN TM t VtNT UGAL ACnON IS IF LaOM.
BY Pete Selak WLIUD To UFZCT
PLEASE SIGN AND RETURN ONE COPY WHEN ORDERING. aepted Date
Thank You! —� �)
California Integrated Waste Management Board Page 28
Waste Tire Playground Cover Grant Program FY 2003-2004 37
Grant Applicant: City of La Quinta
Name of Playground and Location: La Quinta Park — NE comer of Adams Street and Westward Ho Drive
APPLICATION SUBMITTAL
Applicants must submit an original and three copies of the complete application, with
the original marked "Original," and the copies marked "Copy," to the address below.
The application must exhibit a commercial carrier tracking number or be postmarked no
later than Friday, June 27, 2003. An application postmarked after this date will be
returned to the applicant and will not be considered for grant funding. Hand -delivered,
faxed, or E-mailed applications will not be accepted at any time. CIWMB strongly
recommends that applicant's use priority or overnight mail to delivery their application
package. An application must be in a font no less than 10 points, printed on .recycled -
content paper, double -sided, and fastened in the upper left-hand corner (do not bind the
application).
Other than the resolution, missing or corrected information received after the deadline
will be returned to the applicant and will not be considered during the scoring process.
It is the applicant's responsibility to ensure that the application is complete and
submitted on time to CIWMB.
The following is the U. S. postal mailing address:
California Integrated Waste Management Board
Waste Tire Playground Cover Grant
Financial Assistance Branch, Grants Administration Unit
ATTN: Phil Poon
P.O. Box 4025, MS 10
Sacramento, CA 95812-4025
The following physical address is necessary for applications sent by commercial carrier. -
California Integrated Waste Management Board
Waste Tire Playground Cover Grant
Financial Assistance Branch, Grants Administration Unit
ATTN: Phil Poon
1001 "1" Street, 19th Floor, MS10
Sacramento, CA 95814
- V
i
California Integrated Waste Management Board Page 29
Waste Tire Playground Cover Grant Program FY 2003-2004 38
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COUNCIL/RDA MEETING DATE: July 1, 2003
Authorization for the City Manager to Sign a Contract
Extension for a Year with Hilton Farnkopf & Hobson,
LLC for AB 939 Services for Fiscal Year 2003/2004
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Authorize the City Manager to sign a contract extension with Hilton Farnkopf &
Hobson, LLC for AB 939 services for Fiscal Year 2003/2004 in an amount not to
exceed $57,000.
FISCAL IMPLICATIONS:
The Community Development Department has budgeted $45,000 for AB 939
consultant services. The contract is for the implementation of AB 939 programs to
assure the City's compliance with the State's AB 939 mandate. The requested Scope
of Services has remained the same for Fiscal Year 2003/2004. Adequate AB 939
funds are available in account 101-402-605-542 within the Fiscal Year 2003/2004
budget. The additional $12,000 for optional tasks is allocated in the same account as
part of the AB 939 Recycling Programs budget.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On May 5, 1998, the City Council originally approved a recommendation of staff to
hire Hilton Farnkopf & Hobson, LLC as the City's AB 939 consultants and has
continued to approve the contract extensions each year.
The proposed Scope of Services provides for monitoring of current programs,
implementation of a few selected programs (such as an organic waste and community
outreach program), as well as monitoring the City's Waste Contract (optional, as
needed).
154
Pursuant to City Council Resolution 96-80, "...Prescribing the Procedures, Rules and
Regulations Governing the Solicitation and Selection of Firms and Award of Contracts
for the Furnishing of Personal Services, Professional or Consulting Services, or other
Contractual Services Which are not Subject to the Formal Bidding Procedures...,"
Section 9, "Exceptions - Renewal of Contracts," states the City Council is permitted to
authorize the City Manager to bypass the competitive selection process in the renewal
of a renegotiation of an existing contract for continuing services.
Based on this Resolution, staff is recommending the contract with Hilton Farnkopf &
Hobson, LLC be extended for the next Fiscal Year rather than preparing a Request for
Proposals and going through the selection process. Staff has established a good
working relationship with the consultants and the Scope of Services for 2003/2004
will be similar to the 2002/2003 contract.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1 . Authorize the City Manager to sign a contract extension with Hilton Farnkopf &
Hobson, LLC for AB 939 services for Fiscal Year 2003/2004 in an amount not
to exceed $57,000; or
2. Do not authorize the City Manager to sign a contract extension with Hilton
Farnkopf & Hobson, LLC for AB 939 services for Fiscal Year 2003/2004 in an
amount not to exceed $57,000 and direct staff to prepare a Request for
Proposal for distribution; or
3. Provide staff with alternative direction.
Respectfully submitted,
0 e r rf Her MA n
Conymunity Development Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment:
1. Scope of Services for Contract for Professional Services r
02
ATTACHMENT #1
CONTRACT SERVICES
AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement"), is made and
entered into by and between the CITY OF LA QUINTA, (the "City"), a California
municipal corporation, and HILTON FARNKOPF & HOBSON, LLC., (the "Contractor").
The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, the CONTRACTOR shall provide those services related to assistance with
AB 939 implementation, as specified in the "Scope of Services" attached hereto as
Exhibit "A" and incorporated herein by this reference (the "services"). CONTRACTOR
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.
1.2 CONTRACTOR's Proposal. The Scope of Services shall include the
CONTRACTOR'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.
1.3 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of
THE CITY of La Quinta and any Federal, State or local governmental agency of
competent jurisdiction.
1.4 Licenses Permits, Fees and Assessments. CONTRACTOR 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.
CONTRACTOR shall have the sole obligation to pay for any fees, assessments and
taxes, plus applicable penalties and interest, which may be imposed by law and arise
from or are necessary for the performance of the services required by this Agreement.
1.5 Familiarity with Work. By executing this Agreement, CONTRACTOR
warrants that (a) it has thoroughly investigated and considered the work to be
performed, (b) it has investigated the site of the work and fully acquainted itself with
the conditions there existing, (c) it has carefully considered how the work should be
performed, and (d) it fully understands the facilities, difficulties and restrictions
attending performance of the work under this Agreement. Should the CONTRACTOR
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 CONTRACTOR's risk until written
instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1 J tj
3
CONT-Hiltonfarnkopf&Hopson.
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1.6 Care of Work. The CONTRACTOR 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
CONTRACTOR shall not relieve CONTRACTOR from any obligation to correct any
incomplete, inaccurate or detective work at no further cost to THE CITY, when such
inaccuracies are due to the negligence of CONTRACTOR.
1.7 Additional Services. In accordance with the terms and conditions of this
Agreement, the CONTRACTOR shall perform services in addition to those specified in
the Scope of Services (Exhibit "A") when directed to do so by the Contract Officer,
provided that CONTRACTOR shall not be required to perform any additional services
without compensation. Any addition in compensation not exceeding ten percent
(10%) of the Contract Sum may be approved by the Contract Officer. Any greater
increase must be approved by THE CITY Council.
1.8 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in the "Special
Requirements" attached hereto as Exhibit "B" and incorporated herein by this
reference. In the event of a conflict between the provisions of Exhibit "B" and any
other provisions of this Agreement, the provisions of Exhibit "B" shall govern.
2.0 COMPENSATION.
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the
CONTRACTOR shall be compensated in accordance with the "Schedule of
Compensation" attached hereto as Exhibit "C" and incorporated herein by this
reference, but not exceeding the maximum contract amount of Fifty -Seven Thousand
Dollars ($57,000) (the "Contract Sum"), except as provided in Section 1.7. The
method of compensation set forth in the Schedule of Compensation may include a
lump sum payment upon completion, payment in accordance with the percentage of
completion of the services, payment for time and materials based upon the
CONTRACTOR's rates as specified in Exhibit "C", but not exceeding the Contract
Sum, or such other methods as may be specified in the Schedule of Compensation
(Exhibit "C").
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
4
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3.2 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" attached hereto as Exhibit "D" and incorporated herein by
this reference. Extensions to the time period specified in the Schedule of Performance
may be approved in writing by the Contract Officer.
3.3 Force Majeure. The time period specified in the Schedule of Performance
(Exhibit "D") 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 CONTRACTOR, including, but not restricted
to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargos, acts of any governmental agency other
than THE CITY, and unusually severe weather, if the CONTRACTOR 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.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion of
the services, except as otherwise provided in the Schedule of Performance (Exhibit
" D 11) .
4.0 COORDINATION OF WORK
4.1 Representative of CONTRACTOR. The following principals of
CONTRACTOR are hereby designated as being the principals and representatives of
CONTRACTOR authorized to act in its behalf with respect to the work specified herein
and make all decisions in connection therewith:
a. Laith B. Ezzet, CMC, Senior Vice President
It is expressly understood that the experience, knowledge, capability and
reputation of Laith B. Ezzet and Susan Collins were a substantial inducement for THE
CITY to enter into his Agreement. Therefore, they shall be responsible during the term
of this Agreement for directing all activities of CONTRACTOR and devoting sufficient
time to personally supervise the services hereunder. They may not be changed by
CONTRACTOR and no other personnel may be assigned to perform the service
required hereunder without the express written approval of City..
15
CONT-HiltonFamkopf&Hopson. 3
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4.2 Contract Officer. The Contract Officer shall be the Community
Development Director or such other person as may be designated by the City Manager
of THE CITY. It shall be the CONTRACTOR's responsibility to assure that the Contract
Officer is kept informed of the progress of the performance of the services and the
CONTRACTOR shall refer any decisions which must be made by City to the Contract
Officer. Unless otherwise specified herein, any approval of City required hereunder
shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of CONTRACTOR, its principals and employees
were a substantial inducement for THE CITY to enter into this Agreement. Therefore,
CONTRACTOR shall not contract with any other entity to perform in whole or in part
the services required hereunder without the express written approval of THE CITY.
In addition, neither this Agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written approval of
City.
4.4 Independent CONTRACTOR. Neither THE CITY nor any of its employees
shall have any control over the manner, mode or means by which CONTRACTOR, its
agents or employees, perform the services required herein, except as otherwise set
forth. CONTRACTOR shall perform all services required herein as an independent
CONTRACTOR of City and shall remain at all times as to City a wholly independent
CONTRACTOR with only such obligations as are consistent with that role.
CONTRACTOR shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of City.
4.5 City Cooperation. THE CITY shall provide CONTRACTOR with any plans,
publications, reports, statistics, records or other data or Information pertinent to
services to be performed hereunder which are reasonably available to THE CITY. THE
CITY shall additionally provide CONTRACTOR staff assistance and shall take prompt
and appropriate action when it will assist in ensuring and timely performance by
CONTRACTOR hereunder.
5.0 INSURANCE, INDEMNIFICATION AND BONDS.
5.1 Insurance. The CONTRACTOR 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 CONTRACTOR's negligent acts or omissions rising out of or related to
CONTRACTOR's performance under this Agreement. The insurance policy shall
contain a severability of interest clause providing that the coverage shall be primary
for losses arising out of CONTRACTOR's performance hereunder and neither THE CITY
nor its insurers shall be required to contribute to any such loss. A certificate 1-
C�
CONT-HiltonFarnkopf&Hopson. 4
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evidencing the foregoing and naming THE CITY and its officers and employees as
additional insureds shall be delivered to and approved by THE CITY prior to
commencement of the services hereunder. The amount of insurance required
hereunder shall be determined by the Contract Sum in accordance with the following
table:
Coverage (personal injury/
Contract Sum Property damage)
Less than $50,000 $100,000 per individual; $300,000 per occurrence
$50,000 - $300,000 $250,000 per individual; $500,000 per occurrence
Over $300,000 $500,000 per individual; $1,000,000 per occurrence
The CONTRACTOR shall also carry automobile liability insurance of $1,000,000
per accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by the CONTRACTOR, its officers, any
directly or indirectly employed by the CONTRACTOR, any subcontractor, and agents
or anyone for whose acts any of them may be liable, arising directly or indirectly out
of or related to CONTRACTOR's performance under this Agreement. The term
"automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer
designed for travel on public roads. The automobile insurance policy shall contain a
severability of interest clause providing that coverage shall be primary for losses arising
out of CONTRACTOR's performance hereunder and neither THE CITY nor its insurers
shall be required to contribute to such loss. A certificate evidencing the foregoing and
naming THE CITY and its officers and employees as additional insureds shall be
delivered to and approved by THE CITY prior to commencement of the services
hereunder.
CONTRACTOR shall also carry Workers' Compensation Insurance in accordance
with State Workers' Compensation laws.
The CONTRACTOR shall procure professional errors and omissions liability
insurance in the amount of One Million Dollars ($1,000,000).
All insurance required by this Section shall be kept in effect during the term of
this Agreement and shall not be cancelable without thirty (30) days' written notice of
proposed cancellation to City. The procuring of such insurance or the delivery of
policies or certificates evidencing the same shall not be construed as a limitation of
CONTRACTOR's obligation to indemnify THE CITY, its officers, employees,
CONTRACTOR's, subcontractors or agents.
5.2 Indemnification. The CONTRACTOR shall defend, indemnify and hold
harmless THE CITY, its officers, officials, employees, representatives and agents, "City
indemnities"from and against any and all actions, suits, proceedings, claims, demands,
0'7
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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)
("Claims") and for errors and omissions committed by CONTRACTOR, its officers,
anyone directly or indirectly employed by CONTRACTOR, any subcontractor, and
agents or anyone for whose acts any of them may be liable, arising directly or
indirectly out of or related to CONTRACTOR's performance under this Agreement,
except to the extent of such loss as may be caused by City's own active negligence,
sole negligence or willful misconduct, or that of its officers or employees.
In the event the City indemnitees are made a party to an action, lawsuit, or
other adversarial proceeding in any way involving such Claims, Contractor shall provide
a defense to the City indemnitees, or at the City's option, reimburse the City
indemnitees their costs of defense, including reasonable attorney's fees, incurred in
defense of such claim. In addition, contractor shall be obligated to promptly pay any
final judgement or portion thereof rendered against the City indemnitees.
5.3 Remedies. In addition to any other remedies THE CITY may have if
CONTRACTOR 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. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order the CONTRACTOR to stop work under this Agreement and/or
withhold any payment(s) which become due to CONTRACTOR hereunder until
CONTRACTOR demonstrates compliance with the requirements hereof.
C. Terminate this Agreement. Exercise of any of the above remedies,
however, is an alternative to any other remedies THE CITY may have and are not the
exclusive remedies for CONTRACTOR'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 CONTRACTOR may be held responsible for payments of
damages to persons or property resulting from CONTRACTOR's or its subcontractors'
performance of work under this Agreement.
6.0 RECORDS AND REPORTS.
6.1 Reports. CONTRACTOR 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.
CONT-HiltonFarnkopf&Hopson. 6
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6.2 Records. CONTRACTOR 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.
6.3 Ownership of Documents. Originals of all drawings, specifications,
reports, records, documents and other materials, whether in hard copy or electronic
form, which are prepared by CONTRACTOR, its employees, subcontractors 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 CONTRACTOR 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. CONTRACTOR
may retain copies of such documents for its own use. CONTRACTOR shall have an
unrestricted right to use the concepts embodied herein. CONTRACTOR shall cause all
subcontractors to assign to THE CITY any documents or materials prepared by them,
and in the event CONTRACTOR fails to secure such assignment, CONTRACTOR shall
indemnify THE CITY for all damages suffered thereby.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by CONTRACTOR 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. CONTRACTOR 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.
7.0 ENFORCEMENT OF AGREEMENT.
7.1. California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising out
of or in relation to this Agreement shall be instituted in the Superior Court of the
County of Riverside, State of California, or any other appropriate court in such county,
and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such
court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting
a claim therefor. The injured party shall continue performing its obligations hereunder
so long as the injuring party commences to cure such default within ten (10) days of
service of such notice and completes the cure of such default within forty-five (45) 1 .,
09
CONT-HiltonFarnkopf&Hopson. 7
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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 7.8.
7.3 Retention of Funds. THE CITY may withhold from any monies payable
to CONTRACTOR 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 CONTRACTOR in the performance of the services required by this
Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of
a nondefaulting party on any default shall impair such right or remedy or be construed
as a waiver. THE CITY's consent or approval of any act by CONTRACTOR requiring
THE CITY's consent or approval shall not be deemed to waive or render unnecessary
THE CITY's consent to or approval of any subsequent act of CONTRACTOR. Any
waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times,
of any other rights or remedies for the same default or any other default by the other
party.
7.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement.
7.7 Termination Prior To Expiration Of Term. This Section shall govern any
termination of this Agreement, except as specifically provided in the following
Section 7.8 for termination for cause. THE CITY reserves the right to terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written notice
to CONTRACTOR. Upon receipt of any notice of termination, CONTRACTOR shall
immediately cease all services hereunder except such as may be specifically approved
by the Contract Officer. CONTRACTOR shall be entitled to compensation for all
services rendered prior to receipt of the notice of termination and for any services
CONT-HiltonFarnkopf&Hopson. 8 10
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authorized by the Contract Officer thereafter in accordance with the Schedule of
Compensation (Exhibit "C") or such as may be approved by the Contract Officer,
except as provided in Section 7.3.
7.8 Termination For Default Of CONTRACTOR. If termination is due to the
failure of the CONTRACTOR to fulfill its obligations under this Agreement, THE CITY
may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise, and the CONTRACTOR
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 CONTRACTOR for the purpose of setoff or partial payment of the
amounts owed THE CITY as previously stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other
party arising out of or in connection with this Agreement, the prevailing party shall be
entitled to recover reasonable attorneys' fees and costs of suit from the losing party.
8.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION.
8.1 Non -liability of City Officers and Employees. No officer or employee of
THE CITY shall be personally liable to the CONTRACTOR, 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 CONTRACTOR or to its successor, or for breach of any obligation
of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of 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 CONTRACTOR 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.
8.3 Covenant against Discrimination. CONTRACTOR 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,
disability or ancestry in the performance of this Agreement. CONTRACTOR 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, physical disability, mental disability, medical condition,
age or ancestry.
CONT-Hilton FarnkopMHopson. 9
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9.0 MISCELLANEOUS PROVISIONS
9.1 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
Section 9.1.
To City:
CITY OF LA QUINTA
78-495 Calle Tampico
La Quinta, California 92253
Attention: City Manager
To Contractor:
HILTON FARNKOPF & HOBSON, LLC
3990 Westerly Place, Suite 195
Newport Beach, CA 92660-231 1
Attention: Laith Ezzet
9.2 Integrated Agreement. This Agreement contains all of the agreements
of the parties and all previous understandings, negotiations and agreements are
integrated into and superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing signed by both parties.
9.4 Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid
or unenforceable by a valid 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.
9.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of
said parties and that by so executing this Agreement the parties hereto are formally
bound to the provisions of this Agreement.
12
CONT-HiltonFarnkopf&Hopson. 10 f)
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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:
92
M. KATHERINE JENSON, City Attorney
Dated:
CITY OF LA QUINTA,
a California municipal corporation
THOMAS P. GENOVESE, City Manager
"CITY"
HILTON FARNKOPF & HOPSON, LLC
A2
Name:
Title:
CONT-HiltonFarnkopf&Hopson. 11
Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC
EXHIBIT A
SCOPE OF SERVICES
(Attached)
14
CONT-HiltonFamkopf&Hopson. 12
1�'�'
Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC
EXHIBIT "A"
SCOPE OF SERVICES
Proposed Tasks for AB 939 Implementation for 2003-2004
Task 1- On -going Maintenance Activities
HF&H will track solid waste legislation, regulations, CIWMB policy decisions,
and issues such as facility closures and start-ups in the Coachella Valley. We will
also monitor CVAG meetings and initiatives. HF&H will also be available to
attend meetings of the Riverside County Solid Waste Management Task Force if
requested.
This task also includes development of AB 939 programs necessary to keep the
City in compliance with AB 939, including adding recycling information to the
City's web site. In 2003/ 04, we propose to complete our ongoing work on the
Construction and Demolition Debris Management Plan, including development
of the ordinance, as appropriate. This task also includes technical assistance and
follow-up with commercial waste generators which is becoming more important
as commercial waste becomes a larger portion of La Quinta's waste stream.
Task 2 - Reporting and Other Compliance Activities
HF&H will prepare the City's 2002 AB 939 Annual Report to the CIWMB which
will include documentation of diversion activities conducted throughout the
previous calendar year, as well as calculation of numerical compliance with AB
939 diversion goals. The 2002 Annual Report will be due August 1, 2003. We
will also develop and discuss with the City a strategy to continue to meet both
the numerical and programmatic goals of AB 939 in order to achieve compliance.
Task 3 - Community Outreach
We will coordinate recycling activities at special events, such as the Bob Hope
Chrysler Classic, the annual telephone book recycling program and other special
events identified by City staff. Coordination requires contacting event managers
and the City's waste hauler to coordinate diversion activities.
Task 4 - Public Education Coordination
HF&H will coordinate the preparation of flyers, advertising, and other public
education materials throughout the year. Coordination of advertising includes
contacting the County's Household Hazardous Waste (HHW) Round -up
coordinator and the County's HHW Round -up contractor, the La Quinta 1 G S
15
Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC
Chamber of Commerce, and local newspapers such as the Desert Sun to place
ads in newsletters or newspapers.
Coordination includes contacting participating entities for event information and
telephone numbers, transmitting this information to content copywriters/
designers, and ensuring timely delivery of final artwork and copy to the printer
and mailing house. Actual costs for printing, design, mailing, and advertising costs
are not included in the budget for this task.
Task 5 - Green Waste Diversion
We will continue to monitor measures to increase green waste diversion in both
the residential and commercial sectors. We will monitor green waste facility
development in the Coachella Valley and work with major commercial
generators (e.g., golf courses.) We will investigate strategies to increase
residential green waste diversion, such as increased public education and
development of a "Master Composter" program, if needed. We may also
coordinate with the County's green waste program managers to have their
periodic events located in the City of La Quinta.
Task 6 - Meetings and Management
We will attend up to ten meetings with City staff. Each month we will prepare a
status report, meeting agendas, and conduct overall project management.
OPTIONAL TASKS
Task 7 - Franchise Administration/Negotiation Assistance
We will conduct analyses and prepare summary memoranda related to franchise
administration, as directed by the Director of Community Development, on a
time -and -materials basis. Franchise administration may include such tasks as
the following:
• Franchise Agreement Renegotiation Assistance
• Review of Proposed Rate Adjustments
• Transfer Agreement Negotiation Assistance
• Review of Franchise Agreement Compliance
We anticipate that some of these franchise administration tasks will be necessary
in the coming year, while others will not be needed. We anticipate that the City
will need to review a rate adjustment request due to the transition of the Edom
Hill site from a landfill to a transfer station. The Director of Community
Development will decide which tasks are a priority for this year. 1
2 16
Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC
FEES
We will perform the scope of work based on time and materials. The estimated
budget for tasks 1 through 6 is $47,000, excluding costs for printing, design,
mailing and advertising described in Task 4. Optional Task 7 is budgeted at
$10,000, which may or may not be sufficient, depending on the number and
complexity of the requested optional tasks. The specific tasks we perform will be
determined by mutual agreement with City staff.
We will bill you once per month based on the number of hours worked
multiplied by our hourly billing rates, plus expenses incurred. Payment is due
within 30 days of invoicing. Hourly rates for our consultants are as follows:
Senior Vice President
Senior Associate
Associate
Professional Assistant
Expenses will be billed as follows:
Mileage
In-house document reproduction
Public conveyances and parking
Document couriers/postage
Other client related travel
Outside printing, mailing, design, and subcontractors
All other out-of-pocket expenses
* Or as adjusted by the IRS for mileage allozvance
$210
$170
$160
$80
$0.36 per mile*
$0.15 per page
Actual
Actual
Actual
Actual plus 15 %
Actual
70
17
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Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC
EXHIBIT "B"
SPECIAL REQUIREMENTS
A. Generally. CONTRACTOR shall be responsible for preparation of work products
or deliverables as specified in the Scope of Services, attached hereto and herein
incorporated by reference. All deliverables shall be in an 8.5 inch by 11.0 inch
camera ready reproducible format, printed on one side only.
B. Monthly Progress Reports. CONTRACTOR shall submit to THE CITY a written
monthly progress prior to or at the monthly coordinating meeting. 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
Services.
• Work planned for the next reporting period and anticipated
accomplishments.
C. 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 CONTRACTOR. Receipt and approval of monthly
progress reports by THE CITY is mandatory prior to any issuance of payment
to CONTRACTOR.
D. CONTRACTOR shall prepare a "checklist" of milestones, such as meetings,
and/or deliverables 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 8
CONT-HiltonFarnkopf&Hopson. 14
Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC
achievement shall be included on a "Calendar of Activities", which shall be
prepared by the CONTRACTOR. Subsequent to THE CITY'S approval of this
checklist, payment up to and including fifty percent (50%) of the maximum
allowable cost for each task shall be made to CONTRACTOR in accordance with
the checklist. By way of example, for a month in which CONTRACTOR
prepares and submits to THE CITY a draft ordinance which is identified on the
checklist as representing ten percent (10%) of the total work to complete that
Task, CONTRACTOR may request payment in the amount of ten percent (10%)
of the maximum allowable cost for that task. THE CITY shall make payment to
CONTRACTOR for all such requests for payment up to but not exceeding an
amount greater than fifty percent (50%) of the maximum allowable cost for that
task. The checklist and Calendar of Activities are incorporated herein by
reference to the contract.
E. THE CITY shall withhold and retain fifty percent (50%) of the maximum
allowable cost for each of the aforementioned tasks subject to this method of
compensation. Upon completion of work in accordance with the terms and
conditions of this Agreement and the checklist as approved by THE CITY. THE
CITY shall release an amount up to but not exceeding this remainder fifty
percent (50%) as a lump sum payment to CONTRACTOR, upon receipt, review
and approval of CONTRACTOR'S final payment request. CONTRACTOR'S
obligations under the terms of this AGREEMENT shall be deemed discharged
upon issuance of this final lump sum payment.
F. Responsibilities of CONTRACTOR. In any month for which CONTRACTOR is
entitled to payment, CONTRACTOR 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,
cancelled checks, invoices, etc.).
G. 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 CONTRACTOR shall be made as promptly as
fiscal procedures permit, generally within 30 days.
19
CONT-HiltonFarnkopf&Hopson. 15
Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC
H. 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. CONTRACTOR'S failure to provide legible
receipts shall be grounds for non -reimbursement of related charges. THE CITY
shall notify CONTRACTOR in writing of the basis of the dispute or contest.
I. Records. THE CITY shall have the right to review all books and records kept by
CONTRACTOR and any subcontractors in connection with the operation and
services performed under this Agreement. THE CITY shall withhold payment
for any expenditure not substantiated by CONTRACTOR'S or subcontractors'
books or records. CONTRACTOR 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.
J. Task Budget Amendments; Obligation of CONTRACTOR. It shall be the
responsibility of CONTRACTOR 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 calendar of scheduled activities.
20
CONT-HiltonFarnkopf&Hopson. 16
Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC
EXHIBIT "C"
SCHEDULE OF COMPENSATION
(See attached)
n�
CONT-HiltonFarnkopf&Hopson. 17
Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC
AB 939 Implementation Fee Estimate - FY 2003104 Services
TASK DESCRIPTION
Sr. Vice
Sr. Assoc.
Prof-
Total
Pres.
Asst.
Hours
1 Ongoing Maintenance
A Monitor legislation, regulations, etc
1
.u. 20
m a 8
..�.._... 29
B. ' Construction & Demolition Debris Plan
Oµ
28
4
32
C. 'Technical Assistance to Businesses
M� _ ... .� _. _ .. _ , e..... m� .....
2
_ � ._ .3
40
0
42
Task 1: Hours_M
88
12
103
Task 1. Fees
$ 630
$14,960
$ 960
$16,550
2. Reporting and AB 939 Compliance
A. Prepare AB 939 Annual Report
2
32
8
42
B Respond to CIWMB inquiries
0
8
2
10
Task 2: Hours
.... ._ s..:_........ ... .. .....�. _ .m ...� ..
2
mM �. ..K
40
.. r.� .. _ _ ..
10
.......m
52
..... _.. _...
M4
Task 2. Fees
$ 420
$ 6,800
..
$ 800
$ 8,020
3.: Comm_unity Outreach - Coordinate Special Events
. _
1
... ,210.
r _ .._16
..$ ..2,720
2..,
_ x19
Task 3. Fees _ .n ._..... ..� .. , ..
. $
$ 160
$ 3,090:._..
4. Public Education Coordination
2
16
�
2
�
20
�d
.._�.. Task 4. Fees ... _ ...... n.
$ m _ 420
0
......... ......_..
$ 2,720
._
$ 160
$ 3,300
5 Green Waste Diversion Program Monitoring
1
16
2
19
Task 5. Fees
$ 210
$ 2,720
$ 160
$ 3,090
6. Meetings and Project Management
A. Meetings .
0 .
_ ........ 48..
. 10
...... . 58
B. Project management/internal quality reviews
.. .m. ..
3
.�.,v3
12
- ._.60.
4
...���14.
19
Task 6: Hours
.
._ .
wx.....
_
77.
Task 6: Fees
$ 630
$ 10,200
$ 1,120
r
$ 11,950
Total Hours..... .
v .. 12_
... _.236...4_:.
2
290
Hourly Rates
$ 210
$ 170
$ 80
Total Fees
$ 2,520
$ 40,120
$ 3,360
$ 46,000
Expenses
$ 1,000
Total Fees and E xp enses (excluding opt i onal tasks)
$ 47,000
Optional Tasks (time and materials)
$ 10,000
Total Fees and Expenses Tasks 1 to 6 _plus Optional Tasks
$ 57,000
Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
This contract is for the time period between July 1, 2003 and June 30, 2004. All
work shall be performed within this time frame.
CONT-FliitonFamkopf&Hopson. 18
Qum&
F
OF Tt9
COUNCIL/RDA MEETING DATE: July 1, 2003
ITEM TITLE:
Approval of a Contract Services Agreement
with the La Quinta Chamber of Commerce
for Fiscal Year 2003-04
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: % 3
STUDY SESSION:
PUBLIC HEARING:
Approve a Contract Services Agreement with the La Quinta Chamber of Commerce for
fiscal year 2003-04, and authorize the Mayor to execute the contract.
FISCAL IMPLICATIONS:
The City's Fiscal Year 2003-04 Preliminary Budget, approved by the City Council on
June 13, 2003, contains funds for the La Quinta Chamber of Commerce in the amount
of $125,000 (Account #101-103-605-535).
CHARTER CITY IMPLICATIONS:
The City Charter allows the City "to utilize revenues from the general fund to
encourage, support and promote economic development." The services provided for
within the Chamber of Commerce contract are consistent with this objective.
BACKGROUND AND OVERVIEW:
The City has been entering into an annual contract services agreement with the La
Quinta Chamber of Commerce since fiscal year 1991-92. In preparation for continued
services during the upcoming fiscal year, the Chamber of Commerce submitted a
contract for services proposal which included a request for $125,000 in funding for
fiscal year 2003-04 (Attachment 1), representing the same funding amount approved
for fiscal year 2002-03. The Chamber's funding request was considered during the
June 13, 2003 City Council budget meeting, and the appropriation for services was
approved in connection with the Council's approval of the City's Fiscal Year 2003-04
Preliminary Budget.
Accordingly, staff has prepared a Contract Services Agreement (Attachment 2) based
on the Chamber's proposal for consideration by the Council. The agreement provides
for four quarterly payments in varying amounts totaling the contract sum of $125,000
in exchange for services in the following three areas:
• Business Retention and Promotion
• The "Gem" Newspaper
• The Visitors Center
Approval of the attached Contract Services Agreement will allow the City and
Chamber to implement the Chamber's proposal for fiscal year 2003-2004. Ms. Diane
Glanz, the Chamber's new chief executive officer, has indicated she will be available to
introduce herself and answer any questions the Council may have.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve a Contract Services Agreement with the La Quinta Chamber of
Commerce for fiscal year 2003-04, and authorize the Mayor to execute the
contract; or
2. Do not approve a Contract Services Agreement with the La Quinta Chamber of
Commerce for fiscal year 2003-04; or
3. Provide staff with alternative direction.
Respectfully submitted,
V "X._ _ Q
-- I
Mark Weiss, Assistant City Manager
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1 . 2003-2004 City -Chamber Contract for Services Proposal
2. Contract Services Agreement for Fiscal Year 2003-2004
2
1 '�
ATTACHMENT 1
29-
May 13, 2003
To: Tom Genovese, City Manager
Mark Weiss, Assistant City Manager
From: Dr. Kurt Spurgin, Chairman of the Board
Re: 2003-2004 City -Chamber Contract for Services Proposal
We are pleased to submit the La Quinta Chamber of Commerce contract for services
proposal for the period July 1, 2003 through June 30, 2004.
We propose to continue with the current Scope of Services to include:
A. Business Retention and Promotion
B. The Gem Newspaper
C. The Visitors Center
A. Business Retention and Promotion: The contract for service dollar amount for
Business Retention and Promotion will remain the same.
Report: The City of La Quinta has continued its steady growth over the last year,
even in the face of a nation-wide economic downturn. The Chamber applauds the
concerted effort that the City of La Quinta has made in fostering a business friendly
environment. It is clear that the City has worked very hard to maintain La Quinta's
amazing pace of growth.
The La Quinta Chamber of Commerce has succeeded in keeping pace with this
amazing growth. In fact, we recently welcomed our 70Wh member! We are very
proud of our accomplishments and feel that we have played a significant role in
augmenting the City's efforts. Our chamber is often one of the first organizations that
businesses call when looking for information on the city of La Quinta, and we have
played a significant role in helping the City communicate effectively with businesses
as they look to move into La Quinta.
Additionally, the Bi-Monthly City/Chamber Meetings and the Chamber CEO's
involvement in the quarterly City Marketing Meetings have fostered a strong
cooperative relationship between our organizations that has been remarkably
successful in business retention and promotion. Looking forward, we would like to
continue to see an effective level of communication between the City and Chamber in
the coming year.
La Quinta Chamber of Commerce 173
78-371 Highwav 111 La Quinta, CA 92253 Phone: 760-564-3199 Fax 760-564-3111 3
www.laquintachamberofcommerce.com
Page Two
May 13, 2003
B. The Gem Newspaper: The contract for service dollar amount for producing the
Gem Newspaper will remain the same.
Report: With the steady growth in the City of La Quinta we have seen a
corresponding increase in the circulation of the Gem. With that increased circulation
has come a greater cost in both producing the Gem and distributing it. Fortunately,
we have been able to absorb much of these increased costs by restructuring our ad
rates.
We have continued to view the Gem as an invaluable tool for the City to
communicate with its residents. With the multitude of developments, programs, and
events that the City is involved in, it is critical that the City Council and City Staff
have an effective vehicle for keeping the public up to date on these issues. As we
have discussed in our Bi-Monthly Meetings, we recognize that there are ways that we
may continue to enhance the value of the Gem for the City. We look forward to
continue our cooperative efforts with the City in keeping the residents of La Quinta
informed.
C. The Visitors Center: The contract for service dollar amount for maintaining the
Visitors Center will remain the same.
Report: The continued influx of residents, businesses, and travelers has contributed
to a significant increase in demand for our Visitors Center. During the season, we
staff the facility seven days a week to accommodate the amazing volume of calls and
walk-ins.
Exposure from our improved website, the demand for more information and services
from visitors, and the increased number of residents continues to impact our staff and
facilities. This increased visitor traffic has forced us to seek a creative solution to
what will soon be a "facilities crisis". We are simply running out of room!
Despite the increased demand for our services, we have continued to work to enhance
the efficiency and effectiveness of our professional staff and volunteers. We are very
proud to have maintained a high level of service during this period of tremendous
growth. And, we anticipate that through these efforts we will be able to continue
operating at this capacity in the coming year with no increase in cost to the City.
iso
0
Page Three
May 13, 2003
Summary
Despite the increasing demands on our Chamber from La Quinta's growth, we
understand that the City is facing some difficult budgetary choices in the coming
year. Therefore, we intend to continue operating under the same contract dollar
amounts as last year.
Our request for city funding for FY 2003-2004 remains at $125,000, with the
payment schedule to remain unchanged at:
July 15: $41,500
October 15: $21,000
January 15: $41,500
April 15: $21,000
Thank you in advance for your continued support. We look forward to continuing
our cooperative relationship with the city.
1 S.1
5
ATTACHMENT 2
CONTRACT SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement"), is made
and entered into by and between the CITY OF LA QUINTA, a California municipal
corporation (the "City"), and LA QUINTA CHAMBER OF COMMERCE (the
"Contractor") (the "Chamber").
WHEREAS, the City and Contractor originally entered into those certain
funding and lease agreements for the 1991-1992 through 2002-2003 fiscal years;
and,
WHEREAS, both parties agree that the services performed by Contractor
result in direct benefits to the project areas in commercial revitalization and
stimulation.
The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions
of this Agreement, the Contractor shall provide those services related to the
promotion, encouragement, representation and retention of business and business
activities in the City of La Quinta, as specified in the "Scope of Services and
Schedule of Performance" attached hereto as Exhibit "A" and incorporated herein
by this reference (the "service" or "work"). Contractor warrants that all services
will be performed in a competent, professional and satisfactory manner in
accordance with the standards consistent with past services undertaken by
Contractor.
1.2 Contractor's Proposal. The Scope of Services and Schedule
of Performance shall include the Contractor'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.
1.3 Compliance with Law. All services rendered hereunder shall
be provided in accordance with all ordinances, resolutions, statutes, rules,
regulations and laws of the City of La Quinta and any Federal, State or local
governmental agency of competent jurisdiction.
1.4 Licenses, Permits, Fees, and Assessments. Contractor 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.
Contractor shall have the sole obligation to pay for any fees, assessments and
taxes, plus applicable penalties and interest, which may be imposed by law and
arise from or are necessary for the performance of the services required by this
Agreement.
1.5 Familiarity with Work. By executing this Agreement,
Contractor warrants that (a) it has thoroughly investigated and considered the work
to be performed, (b) it has investigated the site of the work and fully acquainted
itself with the conditions there existing, (c) it has carefully considered how the
work should be performed, and (d) it fully understands the facilities, difficulties and
restrictions attending performance of the work under this Agreement.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this
Agreement, the Contractor shall be compensated in accordance with the following
schedule, but not exceeding the maximum contract amount of One Hundred
Twenty -Five Thousand ($125,000) (the "Contract Sum"). Payments shall be made
upon receipt of invoice in accordance with the following schedule:
Contract Payment
July 15, 2003 $41,500
October 15, 2003 $21,000
January 15, 2004 $41,500
April 15, 2004 $21,000
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of
this Agreement.
3.2 Schedule of Performance. All services rendered pursuant
to this Agreement shall be performed diligently and within the time period
established in the Scope of Services and Schedule of Performance (Exhibit "A").
Extensions to the time period specified in the Scope of Services and Schedule of
Performance may be approved in writing by the Contract Officer.
193
3.3 Force Majeure. The time period specified in the scope of
Services and Schedule of Performance (Exhibit "A") 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 Contractor 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 Contractor 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 judgement such delay is justified, and the Contracting Officer's determination
shall be final and conclusive upon the parties to this Agreement.
3.4 Term. Unless earlier terminated in accordance with Section 7.7
of this Agreement, this Agreement shall continue in full force and effect until June
30, 2004.
4.0 COORDINATION OF WORK
4.1 Representatives of Contractor. The following principals of
Contractor are hereby designated as being the principals and representatives of
Contractor authorized to act in its behalf with respect to the work specified herein
and make all decisions in connection therewith:
a. Bill Lohman, Chairman of the Board
b. Lini G. Handy, Vice Chair — Legislative and Community Affairs
C. Scott Brooks, Vice Chair — Membership Services
d. David Howard, Vice Chair — Events & Programs
e. Lew Piper, Treasurer
f. Dr. Kurt Spurgin, Immediate Past President
g. Diane Glanz, Chief Executive Officer
It is expressly understood that the experience, knowledge, capability
and reputation of the foregoing principals were a substantial inducement for City to
enter into this Agreement. Therefore, the foregoing principals shall be responsible
during the term of this Agreement for directing all activities of Contractor and
devoting sufficient time to personally supervise the services hereunder. The
foregoing principals may not be changed by Contractor and no other personnel may
be assigned to perform the service required hereunder without the express written
approval of City.
131
4.2 Contract Officer. The Contract Officer shall be the City
Manager or such other person as may be designated by the City Manager of City.
It shall be the Contractor's responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and the Contractor
shall refer any decisions which must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall
mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The
experience, knowledge, capability and reputation of Contractor, its principals and
employees were a substantial inducement for the City to enter into this Agreement.
Therefore, Contractor shall not contract with any other entity to perform in whole
or in part the services required hereunder without the express written approval of
the City. In addition, neither this Agreement nor any interest herein may be
assigned or transferred, voluntarily or by operation of law, without the prior written
approval of City.
4.4 Independent Contractor. Neither the City nor any of its
employees shall have any control over the manner, mode or means by which
Contractor, its agents, or employees, perform the services required herein, except
as otherwise set forth. Contractor shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role.
Contractor shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of City.
4.5 City Cooperation. The City shall provide Contractor with any
plans, publications, reports, statistics, records or other data or information pertinent
to services to be performed hereunder which are reasonably available to the City.
The City shall additionally provide Contractor staff assistance and shall take prompt
and appropriate action when it will assist in ensuring and timely performance by
Contractor hereunder.
5.0 INSURANCE, INDEMNIFICATION AND BONDS.
5.1 Insurance. Contractor shall carry general liability and property
damage insurance against all claims for injuries against persons or damages to
property resulting from Contractor's act or omissions arising out of or related to
Contractor's performance under this Agreement in an amount equal to One Hundred
Thousand Dollars ($100,000) per individual and Three Hundred Thousand Dollars
($300,000) per occurrence. Contractor 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)
.1S;
41
days' written notice of proposed cancellation to City. The insurance policy shall
contain a severability of interest clause providing that the coverage shall be primary
for losses arising out of Contractor's performance hereunder and neither the City
nor its insurers shall be required to contribute to any such losses. A certificate
evidencing the foregoing and naming the City and its officers and employees as
additional insureds shall be delivered to and approved by the City concurrent with
execution of this Agreement. The procuring of such insurance or the delivery of
policies or certificates evidencing the same shall not be construed as a limitation of
Contractor's obligation to indemnify the City, its contractors or employees.
5.2 Indemnification. The Contractor shall defend, indemnify and
hold harmless the City, its officers, employees, representatives and agents, "City
indemnitees," 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) ("Claims") and for errors and omissions committed by Contractor, its
officers, employees, and agents, arising directly or indirectly out of or related to
Contractor's performance under this Agreement, except to the extent of such loss
as may be caused by City's own negligence or that of its officers or employees.
In the event the City indemnitees are made a party to any action,
lawsuit, or other adversarial proceeding in any way involving such Claims,
Contractor shall provide a defense to the City indemnitees, or at the City's option,
reimburse the City indemnitees their costs of defense, including reasonable
attorney's fees, incurred in defense of such claim. In addition Contractor shall be
obligated to promptly pay any final judgment or portion thereof rendered against the
City indemnitees.
5.3 Remedies. In addition to any other remedies the City may
have if Contractor fails to provide or maintain any insurance policies or policy
endorsements to the extent and within the time herein required, the City may, as its
sole option:
1. Obtain such insurance and deduct and retain the amount
of the premiums of such insurance from any sums due
under this Agreement.
2. Order the Contractor to stop work under this Agreement
and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates
compliance with the requirements hereof.
3. Terminate this Agreement.
18�
10
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
Contractor'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 Contractor may be held responsible for payments of damages to persons or
property resulting from Contractor's or its subcontractors' performance of work
under this Agreement.
6.0 RECORDS AND REPORTS.
6.1 Reports. Contractor 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. At a minimum,
quarterly progress reports, including an accounting of expenditures, shall be
provided on or about September 2003, December 2003, March 2004, and June
2004.
6.2 Records. Contractor 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.
7.0 ENFORCEMENT OF AGREEMENT.
7.1 California Law. This Agreement shall be construed and
interpreted both as to validity and to performance of the parties in accordance with
the laws of the State of California. Legal actions concerning any dispute, claim or
matter arising out of or in relation to this Agreement shall be instituted in the
Superior Court of the County of Riverside, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to
the personal jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this
Agreement, the injured party shall notify the injuring party in writing of its
contentions by submitting a claim therefor. The injured party 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 City's right to terminate this
Agreement without cause pursuant to Section 7.7.
7.3 Retention of Funds. City may withhold from any monies
payable to Contractor sufficient funds to compensate City for any losses, costs,
liabilities or damages it reasonably believes were suffered by City due to the default
of Contractor in the performance of the services required by this Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or
remedy of a nondefaulting party on any default shall impair such right or remedy or
be construed as a waiver. City's consent or approval of any act by Contractor
requiring City's consent or approval shall not be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of Contractor.
Any waiver by either party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this
Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to
rights and remedies expressly declared to be exclusive in this Agreement, the rights
and remedies of the parties are cumulative and the exercise by either party of one
or more of such rights or remedies shall not preclude the exercise by it, at the same
or different times, of any other rights or remedies for the same default or any other
default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either
party may take legal action, at law or at equity, to cure, correct or remedy any
default, to recover damages for any default, to compel specific performance of this
Agreement, to obtain injunctive relief, or to obtain any other remedy consistent
with the purposes of this Agreement.
7.7 Termination Prior to Expiration of Term. This Section shall
govern any termination of this Agreement, except for termination by the City for
cause. The City reserves the right to terminate this Agreement at any time, with or
without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of
any notice of termination, Contractor shall immediately cease spending City funds
except such as may be specifically approved by the Contract Officer. Contractor
shall be entitled to compensation for all services rendered and/or committed to
contractually prior to receipt of the notice of termination and for any services
authorized by the Contract Officer thereafter. Contractor may also terminate this
Agreement upon thirty (30) days' written notice to City.
12
7.8 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.
8.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION.
8.1 Non -liability of City Officers and Employees. No officer or
employee of the City shall be personally liable to the Contractor, 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 Contractor or to its successor, or for breach of any
obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall
have any personal interest, director or indirect, in this Agreement nor shall any such
officer or employee participate in any decision relating to the Agreement which
affects his or her personal interest or the interest of any corporation, partnership or
association in which he or she is, directly or indirectly, interested, in violation of
any State statute or regulation. The Contractor 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.
8.3 Covenant Against Discrimination. Contractor 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.
Contractor 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.
W
MISCELLANEOUS PROVISIONS
9.1 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 Section 9.1.
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To City:
CITY OF LA QUINTA
P. 0. Box 1504
78-495 Calle Tampico
La Quinta, California 92253
Attention: Thomas P. Genovese, City Manager
To Contractor:
LA QUINTA CHAMBER OF COMMERCE
78-371 Highway 111
La Quinta, California 92253
Attention: Diane Glanz, Chief Executive Officer
9.2 Integrated Agreement. This Agreement contains all of the
agreements of the parties and all previous understandings, negotiations and
agreements are integrated into and superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by
the mutual consent of the parties by an instrument in writing signed by both
parties.
9.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by a valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the
intent of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that they are duly authorized to execute this Agreement
on behalf of said parties and that by so executing this Agreement the parties hereto
are formally bound to the provisions of this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
Dated:
ATTEST:
JUNE S. GREEK, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
CITY OF LA QUINTA, a California municipal
Corporation
0
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
Dated:
DONALD 0. ADOLPH, Mayor
City of La Quinta, California
LA QUINTA CHAMBER OF COMMERCE
By:
Name:
Title:
"CONTRACTOR"
191
15
EXHIBIT "A"
SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE FOR FY 2003-04
The Chamber shall provide the following services:
A. Business Retention & Promotion
B. The Gem Newspaper (10 editions)
C. The Visitor's Center
The Chamber shall provide the City with written quarterly reports of its
activities as required by this Agreement. These reports will be submitted in
accordance with the following schedule:
1. First report - September 2003
2. Second report - December 2003
3. Third report - March 2004
4. Fourth report - June 2004
16
T4ht 4 4 Qamm
COUNCIL/RDA MEETING DATE: July 1, 2003
ITEM TITLE:
Approval of Contract Services Agreement
with Kiner/Goodsell Advertising for Professional
Marketing Services for Fiscal Year 2003-04
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: �[
CONSENT CALENDAR: P7
STUDY SESSION:
PUBLIC HEARING:
Approve a Contract Services Agreement with Kiner/Goodsell Advertising for
professional marketing services for Fiscal Year 2003-04, and authorize the City
Manager to execute the contract.
FISCAL IMPLICATIONS:
The proposed Contract Services Agreement (the "Contract") amount is $164,500, and
would be supported by the following funding sources (as approved in the City of La
Quinta's Fiscal Year 2003/2004 Preliminary Budget):
Economic Development ($99,500)
Redevelopment ($50,000)
Community Services ($ 5,000)
Central Services ($10,000)
CHARTER CITY IMPLICATIONS:
The City Charter allows the City "to utilize revenues from the general fund to
encourage, support and promote economic development." The services provided for
within the Contract are intended to fulfill this objective.
BACKGROUND AND OVERVIEW:
The City has retained Kiner/Goodsell Advertising since Fiscal Year 1998-99 for
professional marketing services. At the May 6, 2003 City Council meeting, the
Council considered a budget proposal submitted by Kiner/Goodsell for continued
services in Fiscal Year 2003-04. At that meeting, the Council also considered, and
19311
adopted, the City of La Quinta 2003-2004 Marketing Plan (Attachment 1), which is
the guiding document used to implement the City's marketing contract and overall
marketing program.
Per City Council direction and consistent with the exceptions clause of the City's
consultant selection process (Attachment 2), staff has renegotiated a Contract
Services Agreement with Kiner/Goodsell Advertising for Fiscal Year 2003-04. The
proposed Contract is provided as Attachment 3. The Contract amount of $164,500
reflects Kiner/Goodsell's Scope of Services and budget proposal, which are both
included in the Contract as Exhibit "A". In addition, two marketing items (the City's
2003-04 calendar and the new collateral material), which were not completed under
the previous contract, will be carried over for completion in Fiscal Year 2003-04 along
with a corresponding amount of $48,500. The carryover amount is not part of the
Contract sum of $164,500.
The proposed Contract will allow Kiner/Goodsell to implement various marketing and
advertising activities, as outlined in the City's Marketing Plan, particularly in the areas
of economic development, public communication, and community services. Andrea
Carter from Kiner/Goodsell has indicated that she will be available to answer any
questions the Council may have in consideration of this item.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve a Contract Services Agreement with Kiner/Goodsell Advertising for
fiscal year 2003-04, and authorize the City Manager to execute the contract; or
2. Do not approve a Contract Services Agreement with Kiner/Goodsell Advertising
for fiscal year 2003-04; or
3. Provide staff with alternative direction.
Respectfully submitted,
Mark Weiser Assistant City Manager
194
2
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. City of La Quinta 2003-2003 Marketing Plan
2. La Quinta Charter and Municipal Code, Chapter 3.32,
"Service Contracts"
3. Proposed Kiner/Goodsell Contract for Fiscal Year 2003-04
1�
[K3
ATTACHMENT
2003-2004
Marketing Plan
Adopted by the City Council:
May 6, 2003
19`
4
Titit 4 4 Q9mrw
2003-2004 Marketing Plan
Adopted by: City of La Quinta
The City of La Quinta has invested in a number of successful marketing programs in the
past few years — which have focused on economic development, community services,
business retention and public information.
Upon evaluating past marketing programs and investigating new marketing opportunities
for the City of La Quinta, the following marketing strategies are proposed for
implementation during fiscal year 2003-2004:
Focus on Economic Development and Public Information
In recent years, economic development marketing has been the primary focus of
marketing efforts for the City. It is recommended the City continue with this strategy,
while continuing to communicate with local residents and promote significant community
services events.
By placing marketing dollars into economic development print advertising (such as
restaurant and retail trade publications), television media (such as infomercial and
economic development spots), the City should continue to see solid results in the number
of new businesses coming to La Quinta. By continuing to get the word out on the
incredible business opportunities and lifestyle in La Quinta, more business owners will
seek out the City and help build it into a more desirable shopping and dining destination
(which will lead to increased revenue for the City).
The City should also continue its efforts to reach out to the community and inform
residents of how the City is making La Quinta a better place. Communicating with
19 `7
ki
residents and helping them understand that the City is being strategic with its economic
development —that is, increasing revenue while maintaining La Quinta's charm —will
make residents feel more a part of the process as La Quinta continues to grow and,
ultimately, will lead them to be more supportive of the City's development as it is taking
place.
The Community Services Department will continue to offer activities that enhance the La
Quints lifestyle, and marketing efforts should be in place to inform the community of
some of the more significant events, such as the City Picnic.
It is recommended the City take a hiatus from a business retention program this year, and
perhaps additional years, until more retail and restaurant establishments locate in La
Quinta. While the business retention programs of the past received positive feedback
from both residents and participating businesses, there were many restaurants and shops
that did not participate. If more restaurants and shops had participated (and if those that
did had offered more substantial discounts), the business retention programs would have
been much stronger.
Below is a brief description of the marketing strategies recommended in order to carry
out successful marketing in the designated categories:
Economic Development
Update infomercial — The infomercial has been an extremely successful marketing tool
for the City. We recommend the City update the two current versions of the infomercial
minimally, updating only outdated footage (such as "under construction" shots of certain
developments like the La Quinta Park and Old Town) by replacing it with new footage
depicting these projects either completed or at a more advanced stage of their
development.
Advertise in targeted restaurant and retail trade publications — In order to keep reaching
the target audience of retail/restaurant developers and business owners, the City needs to
have a presence in the trade publications read by this audience. An angle can also 1
0
involve public relations efforts towards those same publications — with the goal of getting
editorial copy in addition to advertising. Additionally, it is recommended the City
continue advertising in the Bob Hope Chrysler Classic Program Guide to reach
prospective business owners who are in the City for the tournament.
Continued presence at ICSC — The City should continue maintaining a presence at the
Palm Springs convention of the International Council of Shopping Centers. This is a very
strong event for reaching the target audience of developers — especially when they are
already immersed in the market and can experience the amazing lifestyle for themselves.
It is recommended that in addition to displaying the City booth at this event, the City
feature a full -page economic development advertisement in the convention's well-read
program guide, as it has done in years past.
Public Communication
Continue with the annual newsletter communicating economic development benefits to
the community — Continue with the annual newsletter for distribution to local residents.
The newsletter can include: news updates on economic development in the City and the
benefits of commercial growth, updates on the development of City amenities,
information about City funding and expenses, and road construction updates (if
applicable).
Advertise in pertinent local publications — Continue to advertise in print vehicles such as
the Palm Springs Life Desert Cities Progress Issue — in order to communicate important
messages and City progress updates to residents and other citizens of the Coachella
Valley.
Develop a City Calendar for 2004-2005 — Create another calendar depicting La Quinta's
public art and/or beauty shots of the City — incorporate "factoids" or informational bits
about the City. This will act as both a nice gift to residents and a tool to communicate
important messages to citizens.
1 ,9,9
Community Services
Continue to advertise major Community Services events — Work closely with the
Community Services Department to maximize exposure for events such as the City
Picnic.
-( 0
0
City of La Quinta
2003-04 Marketing Programs
Economic Development Electronic Media
• Update both versions of the infomercial with new footage of
progressing projects for broadcast in the Coachella Valley, the Inland
Empire, San Diego and the Pacific Northwest.
• Broadcast current economic development 10 and 30 second spots
during local newscasts.
Economic Development Print Media
• Continue to advertise in print media vehicles which most effectively
reach the target audiences for economic development, such as restaurant
and retail trade publications and the Bob Hope Classic Program Guide.
Economic Development Events
• Advertise in the ICSC Program Guide, in order to reach developers and
real estate financiers who are attending this conference in our market.
Public Information
• Continue annual City newsletter, informing residents on economic
development projects, new community amenities and City funding.
• Create 2004-05 calendar as a tool to communicate with residents, as
well as offer a nice giveaway for the community.
• Advertise in the 2003 Palm Springs Life Desert Cities Progress issue.
Community Services Advertising
• Advertise in support of the City Picnic.
Consultant Retainer
• Retainer fee to cover account service hours, planning, research, etc.
Promotional Material
• Purchase of promotional items, e.g., golf balls, coasters, highlighters.
Date Festival Sponsorship
• Sponsorship of the Riverside County Fair and National Date Festival.
Advertising Contingency
• Unique economic development advertising opportunities.
Other Community Services Projects
• Village banners, promotional items, and miscellaneous advertising.
0 r:
4 1
ATTACHMENT 2
Chapter 3.32
SERVICE CONTRACTS
Sections:
3.32.010
Solicitation and selection criteria.
332.020
Contracts for major services.
3.32.030
Contracts for minor services.
3-32.040
Contract incentives.
332.050
Exceptions to the procedures prescribed in Sections 3.32.010 to 3.32.030.
332.010 Solicitation and selection criteria.
A. Solicitation and selection of professional services of private architectural, landscape architectural,
professional engineering, environmental, land surveying, and construction project management firms shall
be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory
performance of the services required and on fair and reasonable prices. Where the city manager or department
director determines that the particular services required are of a technical nature and involve little professional
judgement, solicitation and selection shall comply with subsection B of this section.
B. Solicitation and selection of firms for services other than those specified in subsection A of this section
shall be on the basis of the most advantageous proposal after consideration of qualifications, demonstrated
competence, cost, delivery time, and other factors.
C. The city council may, by resolution, prescribe specific procedures, rules and regulations governing
the solicitation and selection of firms. (Ord. 315 § 5 (part), 1998)
332.020 Contracts for major services.
A. Solicitation of firms shall be by written or published requests for competitive proposals.
B. Proposals shall be reviewed and ranked by a selection committee composed of members competent
to judge the qualifications of firms for the category of services to be provided.
C. Contracts shall be awarded by the city council. (Ord. 315 § 5 (part), 1998)
332.030 Contracts for minor services.
A. Solicitation of firms shall be by verbal, written or published requests for, whenever feasible, at least
three competitive proposals.
B. The city manager or department director may review and rank proposals.
C. The city council may by resolution authorize the award and execution of minor contracts by the city
manager and department directors.
D. The department administering the contract shall keep written records of proposals and contracts for
a `period of one year following the award of contract. (Ord. 315 § 5 (part), 1998)
332.040 Contract incentives.
Service contracts may include monetary or other incentives for superior performance or early completion
of the services rendered. (Ord. 315 § 5 (part), 1998)
332.050 Exceptions to the procedures prescribed in Sections 3.32.010 to 3.32.030.
A. Contracts utilizing funding or other participation from agencies which require conformance with state,
federal or other contracting regulations shall be exempt from provisions of this chapter, and any resolutions
established pursuant thereto, which would jeopardize the availability of the funding or participation.
B. Solicitation and selection of firms and award of contracts for public works design/build projects shall
not be subject to the provisions of this chapter.
C. The city council may authorize award and execution of service contracts with no competitive proposals
where experience with the proposed service provider has demonstrated competence and satisfactory performance
or in the renewal or renegotiation of existing contracts for continuing services.
1 n
82-3 4- v
iL�7
3.32.050
D. The city manager may authorize the solicitation, selection, award, and execution of service contracts
by the most expeditious method where time is of the essence to prevent an emergency lack of critically needed
services. If the contract is for major services, it shall be submitted for ratification at the next regular city council
meeting. (Ord. 315 § 5 (part), 1998)
(IA QU'Mta 5-98) 824 (?
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ATTACHMENT 3
CONTRACT SERVICES
AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and
entered into by and between the CITY OF LA QUINTA, (the "City") and KINER/GOODSELL
ADVERTISING (the "Contractor"). The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, the Contractor shall provide those services set forth in this Agreement as well
as those set forth in Exhibit "A," which is attached hereto and incorporated herein by this
reference as though set forth in full. These services are collectively referred to hereinafter
as the "services" or the "work." The Contractor acknowledges that the Scope of Services
includes the services set forth in the City's adopted Marketing Plan prepared by Contractor.
Contractor warrants that all services will be performed in a competent, professional and
satisfactory manner in accordance with the standards prevalent in the industry for such
services.
1.2 Contractor's Proposal. The Scope of Services shall include the
Contractor's proposal and 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
the proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the
City of La Quinta and any Federal, State or local governmental agency of competent
jurisdiction.
1.4 Licenses, Permits, Fees and Assessments. Contractor 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. Contractor shall have the sole
obligation to pay for any fees, assessments and taxes, plus applicable penalties and
interest, which may be imposed by law and arise from or are necessary for the
performance of the services required by this Agreement.
1.5 Familiarity with Work. By executing this Agreement, Contractor
warrants that (a) it has thoroughly investigated and considered the work to be performed,
(b) it has investigated the site of the work and fully acquainted itself with the conditions
there existing, (c) it has carefully considered how the work should be performed, and (d) it
fully understands the facilities, difficulties and restrictions attending performance of the
work under this Agreement. Should the Contractor discover any latent or unknown
conditions materially differing from those inherent in the work or as represented by the
City, it shall immediately inform City of such fact and shall not proceed except at
12
Contractor's risk until written instructions are received from the Contract Officer (as
defined in Section 4.4 hereof).
1.6 Care of Work. The Contractor 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
City, except such losses or damages as may be caused by City's own negligence. The
performance of services by Contractor shall not relieve Contractor 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 Contractor.
1.7 Additional Services. In accordance with the terms and conditions of the
Agreement, the Contractor shall perform services in addition to those specified in the
Scope of Services in Section 1.1, above, only when directed to do so in a writing signed
by the Contract Officer. The cost of any such additional services shall be agreed to in
writing signed by the Contractor and the Contract Officer in advance of the provision of
the services. In no event shall the total costs of such additional services exceed five
percent (5%) of the Contract Sum unless approved in advance by the City Council.
1.8 Correction of Work. The performance of services or acceptance of
information furnished by Contractor shall not relieve the Contractor from obligation to
correct any defective, inaccurate or incomplete work subsequently discovered and all such
work shall be remedied by the Contractor on demand without cost to the City.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the
Contractor shall be compensated in an amount not exceeding the maximum contract
amount of One Hundred Sixty Four Thousand, Five Hundred Dollars ($164,500), (the
"Contract Sum"), except as provided in Section 1.7. The Contract Sum includes payment
of the Contractor's Monthly Contractor Fee as provided in Section 2.2 as well as the
payments pursuant to Sections 2.3 through 2.6. Contractor acknowledges that the
Contract Sum is the maximum amount the City shall be obligated to pay for the services
within the Scope of Services, and that the actual required payments may be less than that
amount.
2.2 Monthly Contractor Fee. The Monthly Contractor Fee paid to Contractor
shall not exceed $3,000 per month to assist in the implementation of the City's marketing
and public relations program, for a total of $36,000 through the Term of this Agreement.
The Monthly Contractor Fee covers a minimum of thirty-five (35) account service hours per
month. These hours include basic account service including, but not limited to, client
meetings (in person, by phone, fax or e-mail), strategic planning, budgeting, investigating
PR opportunities, media relations, media placement, research, and production management.
The Monthly Contractor Fee includes the writing and distribution of local and regional press
releases, articles and other public information materials. The Monthly Contractor Fee
13
covers meetings to include at least one in person meeting at La Quinta City Hall every two
weeks, and weekly updates via telephone or e-mail on the alternate weeks. Contractor
shall track all account services hours for this project and submit a list of account services
hours and the associated tasks/work completed as part of a Monthly Status Report, as
described in Section 2.7, to the Contract Officer by the 25"' of each month throughout the
Term of this Agreement. Prompt and complete submission of the Monthly Status Report to
the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee.
2.3 Costs for Marketing Plan Items. The City's adopted Marketing Plan,
prepared by Contractor, outlines specific components and corresponding items in the areas
of Economic Development, Public Communication, and Community Services which
essentially encompass the City's overall marketing program. The Contractor will be
responsible for implementation of the items outlined in the Scope of Services (Exhibit "A")
which are all part of the City's Marketing Plan and, thus, considered Marketing Plan items.
The total amount paid to Contractor or to third parties for the implementation of said
Marketing Plan items, including any and all payments pursuant to Section 2.3 through 2.6,
inclusive, shall not exceed $128,500 for the Term of this Agreement. Contractor
acknowledges that the Marketing Plan items contained in Exhibit "A" do not constitute the
entire Marketing Plan adopted by the City. Contractor acknowledges and agrees that the
City has the right to implement the remaining items in the Marketing Plan without using the
services of Contractor if the City so chooses.
Prior to undertaking any of the Marketing Plan items, Contractor shall submit
a written job authorization request which shall outline the total costs to the City for the
implementation of the Marketing Plan item at issue and which shall also contain a schedule
of performance. Contractor shall not proceed with carrying out the item unless and until
the Contract Officer approves the written job authorization request in writing. If the
Contract Officer does not approve the written job authorization request, Contractor shall
not perform the item and shall not be entitled to any compensation relating to the item.
The City shall not be responsible for any costs for the Marketing Plan items beyond those
set forth in the approved written job authorization request unless the additional costs are
approved in writing in advance by the Contract Officer.
2.4 Vendor Services. Contractor shall act on the City's behalf to negotiate
prices for vendor services. Vendor services will be charged to the City at cost plus 20% to
cover time and administrative costs. Vendor services include printing, talent, video and
studio time. Vendor invoices shall be included with Contractor invoices in order to receive
reimbursement.
2.5 Account Services Expenses. Contractor shall invoice account service
expenses at cost, with no markup. These expenses include postage, long-distance
telephone, and extraordinary travel outside of the Coachella Valley, as directed by Contract
Officer (i.e., representation of City at a trade show outside of the Coachella Valley).
Normal costs of doing business are absorbed in the Monthly Contractor Fee.
14
2.6 Additional Graphic Design and Production. Additional graphic design and
production will be billed at the rate of $105/hour. Any production that is not included in
the Marketing Plan will be estimated by the Contractor and approved in writing by the
Contract Officer in advance of work commencing. Such work will be authorized as
described in Section 4.8 of this Agreement.
2.7 Monthly Status Reports and Budget Updates. By the 25t' day of each
month throughout the Term of this Agreement, Contractor shall forward a written Monthly
Status Report and Budget Update to the Contract Officer. The Monthly Status Report shall
include all work items completed during the month, and work items anticipated to be
completed in the upcoming month as well as a list of account service hours and associated
tasks/work completed. The Budget Update shall include the current status of the budget
including all items billed to date, total amount of budget expended, and total amount of
budget remaining. The Monthly Status Report and Budget Update must be received in order
to process payment of Monthly Contractor Fee and/or other invoices submitted by
Contractor. Failure to submit the Monthly Status Reports and Budget Updates may result in
withholding payment on invoices. Prompt and complete submission of the Monthly Status
Report and Budget Update to the Contract Officer will assist in ensuring prompt payment
of the Monthly Contractor Fee and invoices.
2.8 Method of Payment. Any month in which Contractor wishes to receive
payment, Contractor shall submit to the City no later than the tenth (10th) working day of
such month, in the form approved by the City's Finance Director, an invoice for services
rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the
services provided, including time and materials, (2) specify each staff member who has
provided services and the number of hours assigned to each such staff member,
(3) indicate the total expenditures to date, and (4) the total amount remaining to date.
Such invoice shall contain a certification by a principal member of Contractor specifying
that the payment requested is for work performed in accordance with the terms of this
Agreement. City will pay Contractor for all expenses stated thereon which are approved
by City pursuant to this Agreement no later than the last working day of the month. Failure
to submit the Monthly Status Reports and Budget Updates may result in withholding
payment on invoices. Prompt and complete submission of the Monthly Status Report and
Budget Update to the Contract Officer will assist in ensuring prompt payment of the
Monthly Contractor Fee and invoices.
2.9 Work Items Under Previous Contract. The previous contract services
agreement, which was in effect from October 1, 2002 through June 30, 2003, specified
certain work items that were not completed by Contractor during said time period.
Budgeted funds have been carried over to the 2003-2004 City budget to allow for
completion of work items during the 2003-2004 fiscal year. The uncompleted work items
include: (1) the completion of design and production of the City's 2003-2004 Calendar
along with associated printing and mailing activities; and (2) the completion of design and
production of City collateral material along with associated printing activities. Contractor
acknowledges and agrees that said tasks will be completed in full during fiscal year 2003-
15
2004 and that the compensation for the items shall be in accordance with the 2002-2003
contract services agreement.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in Section
3.4 and within the schedule of performance set forth in written job authorization requests.
Extensions to the time period specified in Section 3.4 may be approved in writing by the
Contract Officer.
3.3 Force Majeure. The time period specified in the Section 3.4 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 Contractor, 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 Contractor shall within ten (10) days of the commencement of such delay
notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall
ascertain the facts and the extent of delay, and extend the time for performing the services
for the period of the forced delay when and if in his judgment such delay is justified, and
the Contract Officer's determination shall be final and conclusive upon the parties to this
Agreement.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this
Agreement, this Agreement shall continue in full force and effect from July 1, 2003
through June 30, 2004.
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are
hereby designated as being the principals and representatives of Contractor authorized to
act in its behalf with respect to the work specified herein and make all decisions in
connection therewith:
a. Scott Kiner, Principal
b. Lea Goodsell, Principal
It is expressly understood that the experience, knowledge, capability and
reputation of the foregoing principals were a material inducement for City to enter into this
Agreement. Therefore, the foregoing principals shall be responsible during the term of this
Agreement for directing all activities of Contractor and devoting sufficient time to
t (.",3
16
personally supervise the services hereunder. The foregoing principals may not be changed
by Contractor and no other personnel may be assigned to perform the service required
hereunder without the express written approval of City.
4.2 Contractor's Project Managers. Scott Kiner and Lea Goodsell shall,
through the duration of the Agreement term, act as the Contractor's Project Managers for
services required under this Agreement. Mr. Kiner and/or Ms. Goodsell shall attend all
meetings with the City, answer phone calls from City, and act as the City's "point
persons for this project. As Project Managers, Mr. Kiner and Ms. Goodsell are providing
extraordinary and unique services to the City that cannot be replaced or adequately
compensated in money damages, and thus any unilateral assignment of the rights and
duties of Kiner/Goodsell and/or Scott Kiner and/or Lea Goodsell will cause irreparable injury
to the City. Therefore, the Contractor agrees that in the event of any assignment, change
of ownership, merger, or change in partnership arrangement and/or if Scott Kiner or Lea
Goodsell is no longer with the Contractor for any reason, the entire Agreement at the
City's sole discretion shall be rendered null and void, and shall discharge any and all duties
which the City has under this Agreement.
4.3 Project Management of Scope of Services. Once task authorization is
received, the Contractor shall have the sole and full responsibility for all aspects of project
management and implementation of all programs and tasks including, but not limited to,
economic development, public information, and community services programs. Such
project management and implementation responsibilities include, but are not limited to,
coordination with the media, businesses, restaurants, retailers, builders and the Chamber of
Commerce and distributing collateral materials produced for programs to City Hall,
Chamber of Commerce, retail outlets, etc.
All economic development leads shall be referred to the City Contract Officer
for follow up.
4.4 Contract Officer. The Contract Officer shall be the Assistant City
Manager of the City or such other person as may be designated in writing by the Assistant
City Manager of the City. It shall be the Contractor's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and
the Contractor shall refer any decisions which must be made by City to the Contract
Officer. Unless otherwise specified herein, any approval of City required hereunder shall
mean the approval of the Contract Officer.
4.5 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a
substantial inducement for the City to enter into this Agreement. Therefore, Contractor
shall not contract with any other entity to perform in whole or in part the services required
hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be assigned or transferred, voluntarily or by
operation of law, without the prior written approval of City. In the event that Contractor
,9
17
does not obtain prior written approval of City, the entire Agreement at the City's sole
discretion shall be rendered null and void, and shall discharge any and all duties which the
City has under this Agreement.
4.6 Independent Contractor. Neither the City nor any of its employees shall
have any control over the manner, mode or means by which Contractor, its agents or
employees, perform the services required herein, except as otherwise set forth. Contractor
shall perform all services required herein as an independent contractor of City and shall
remain at all times as to City a wholly independent contractor with only such obligations as
are consistent with that role. Contractor shall not at any time or in any manner represent
that it or any of its agents or employees are agents or employees of City.
4.7 City Cooperation. The City shall provide Contractor with any plans,
publications, reports, statistics, records or other data or information pertinent to services to
be performed hereunder which are reasonably available to the City. Additionally, the City
shall provide Contractor staff assistance and shall take prompt and appropriate action when
it will assist in ensuring timely performance by Contractor hereunder.
4.8 Task Authorization. The approval of the Marketing Plan by the City
Council and/or the execution of this Agreement by the parties hereto does not constitute
an authorization to proceed with the work specified in said Agreement. The Contract
Officer shall separately authorize Contractor to proceed on the tasks in the manner set
forth in Section 2.3. Contractor shall have no claims for compensation for services on all or
part of any work task upon which the Contract Officer has not authorized Contractor to
proceed.
4.9 No Changes to Work Required. Contractor shall make no change in the
character or extent of the work required by this Agreement, except as may be authorized
in writing by Contract Officer. Such supplemental authorization shall set forth the specific
changes of work to be performed and any related extension of time and/or adjustment of
fee to be paid to Contractor by City as provided for in Sections 1.7 and 9.3 of this
Agreement.
5.0 INSURANCE, INDEMNIFICATION AND BONDS.
5.1 Insurance. The Contractor 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 Contractor's acts or omissions arising out of or related to Contractor's
performance under this Agreement. The insurance policy shall contain a severability of
interest clause providing that the coverage shall be primary for losses arising out of
Contractor'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 shall be delivered to and approved by
the City prior to commencement of the services hereunder. The amount of insurance
010
18
required hereunder shall be determined by the Contract Sum in accordance with the
following table:
Coverage (personal injury/
Contract Sum property damage)
Less than $50,000 $100,000 per individual; $300,000 per occurrence
$50,000 - $300,000 $250,000 per individual; $500,000 per occurrence
Over $300,000 $500,000 per individual; $1,000,000 per occurrence
The Contractor shall also carry automobile liability insurance of $1,000,000
per accident against all claims for injuries against persons or damages to property arising
out of the use of any automobile by the Contractor, its officers, anyone directly or
indirectly employed by the Contractor, any subcontractor, and agents or anyone for whose
acts any of them may be liable, arising directly or indirectly out of or related to
Contractor's performance under this Agreement. The term automobile'includes, but is
not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public
roads. The automobile insurance policy shall contain a severability of interest clause
providing that coverage shall be primary for losses arising out of Contractor's performance
hereunder and neither the City nor its insurers shall be required to contribute to such loss.
A certificate evidencing the foregoing and naming the City and its officers and employees
as additional insureds shall be delivered to and approved by the City prior to
commencement of the services hereunder.
Contractor shall also carry Workers' Compensation Insurance in accordance
with State Workers' Compensation laws.
All insurance required by this Section shall be kept in effect during the term
of this Agreement and shall not be cancelable without thirty (30) days' written notice of
proposed cancellation to City. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of Contractor's
obligation to indemnify the City, its officers, employees, contractors, subcontractors or
agents.
5.2 Indemnification. The Contractor shall defend, indemnify and hold
harmless the City, its officers, employees, representatives and agents, "City indemnitees,"
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) ("Claims") and for errors and
omissions committed by Contractor, its officers, employees, and agents, arising directly or
indirectly out of or related to Contractor's performance under this Agreement, except to
the extent of such loss as may be caused by City's own negligence or that of its officers or
employees.
19
In the event the City indemnitees are made a party to any action, lawsuit, or
other adversarial proceeding in any way involving such Claims, Contractor shall provide a
defense to the City indemnitees, or at the City's option, reimburse the City indemnitees
their costs of defense, including reasonable attorney's fees, incurred in defense of such
claim. In addition Contractor shall be obligated to promptly pay any final judgment or
portion thereof rendered against the City indemnitees.
5.3 Remedies. In addition to any other remedies the City may have if
Contractor 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. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order the Contractor to stop work under this Agreement and/or
withhold any payment(s) which become due to Contractor hereunder until Contractor
demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any
other remedies the City may have and are not the exclusive remedies for Contractor'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 Contractor may be
held responsible for payments of damages to persons or property resulting from
Contractor's or its subcontractors' performance of work under this Agreement.
6.0 RECORDS AND REPORTS.
6.1 Reports. By the 251h day of each month throughout the term of this
Agreement, Contractor shall forward a written Monthly Status Report and Budget Update
to the Contract Officer. The Monthly Status Report shall include all work items completed
during the month, and work items anticipated to be completed in the upcoming month; as
well as, a list of account service hours and associated tasks/work completed. The Budget
Update shall include the current status of the budget including all items billed to date, total
amount of budget expended, and total amount of budget remaining. The Monthly Status
Report and Budget Update must be received in order to process payment of Monthly
Contractor Fee and/or other invoices submitted by Contractor. Failure to submit the
Monthly Status Reports and Budget Updates may result in withholding payment on
invoices. Prompt and complete submission of the Monthly Status Report and Budget
Update to the Contract Officer will assist in ensuring prompt payment of the Monthly
Contractor Fee and invoices.
Q;
6.2 Records. Contractor 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.
6.3 Ownership of Documents. All materials, whether in hard copy or
electronic form, which are prepared by Contractor, its employees, subcontractors or agents
in the performance of this Agreement including but not limited to taglines, mascot, mascot
name, mascot costume, mascot likeness, "Quail Quill", logos, names, film, artwork,
transparencies, articles, editorials, press releases, ads, videos, scripts, collateral materials,
photography, photo library, graphics, web site design and artwork, City Marketing Plan,
and other written or graphic documents and exhibits shall, upon payment by City for same,
be the property of the City. Such items shall include any and all drafts, designs, mockups,
drawings and completed materials. During the term of the Agreement, these materials,
other than printed collateral materials, will generally remain on Contractor premises under
City ownership. Such materials owned and paid for by the City shall be used exclusively in
Contractor work for the City. Contractor shall not use City owned materials for any other
purpose or client without prior, express written authorization from the Contract Officer.
Upon the termination of this Agreement or upon earlier request of the
Contract Officer, all above -listed materials shall be delivered to City, and Contractor shall
have no claim for further employment or additional compensation as a result of the exercise
by City of its full rights of ownership of the materials hereunder. Contractor shall cause all
subcontractors and vendors to assign to the City any documents or materials prepared by
them, and in the event Contractor fails to secure such assignment, Contractor shall
indemnify City for all damages suffered thereby.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor 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. Contractor 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.
7.0 ENFORCEMENT OF AGREEMENT.
7.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and Contractor
21
covenants and agrees to submit to the personal jurisdiction of such court in the event of
such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a
claim therefor. The injured party shall continue performing its obligations hereunder so long
as the injuring party commences to cure such default within ten (10) days of service of
such notice and completes the cure of such default within forty-five (45) days after service
of the notice, or such longer period as may be permitted by the Contract Officer; provided
that if the default is an immediate danger to the health, safety and general welfare, 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 City's right to terminate this Agreement without cause pursuant to
Section 7.8.
7.3 Retention of Funds. City may withhold from any monies payable to
Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages
it reasonably believes were suffered by City due to the default of Contractor in the
performance of the services required by this Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a
nondefaulting party on any default shall impair such right or remedy or be construed as a
waiver. City's consent or approval of any act by Contractor requiring City's consent or
approval shall not be deemed to waive or render unnecessary City's consent to or approval
of any subsequent act of Contractor. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of
the parties are cumulative and the exercise by either party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any other
rights or remedies for the same default or any other default by the other party.
7.6 Legal Action_. In addition to any other rights or remedies, either party
may take legal action, at law or at equity, to cure, correct or remedy any default, to
recover damages for any default, to compel specific performance of this Agreement, to
obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement.
7.7 Termination Prior To Expiration Of Term. This Section shall govern any
termination of this Agreement, except as specifically provided in the following Section 7.8
for termination for cause. Both parties to this Agreement reserve the right to terminate this
22
Agreement at any time, with or without cause, upon thirty (30) days' written notice to
Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease
all services hereunder except such as may be specifically approved by the Contract Officer.
Contractor 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 Section 6.3 or such as may be approved by the Contract Officer, except
as provided in Section 7.3. Contractor shall keep adequate records to substantiate the cost
claimed.
7.8 Termination For Default Of Contractor. If termination is due to the
failure of the Contractor to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 7.2, take over the work and prosecute the same
to completion by contract or otherwise, and the Contractor 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 City may withhold any payments to the Contractor for the purpose of setoff
or partial payment of the amounts owed the City as previously stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other
party arising out of or in connection with this Agreement, the prevailing party shall be
entitled to recover reasonable attorneys' fees and costs of suit from the losing party.
8.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION.
8.1 Non -liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Contractor, 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 Contractor or to its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Conflict of Interest. No officer or employee of 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 Contractor
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.
Contractor hereby covenants that it has, at the time of the execution of this
Agreement, no interest, direct or indirect, which would conflict in any manner or degree
with the performance of services required under this Agreement, nor shall it acquire any
such interest at any time during such performance of services. Contractor further
covenants that during the performance of this Agreement, no person having any such
interest shall be employed by Contractor.
23
8.3 No Future Conflict of Interest. While under contract to the City,
Contractor shall not for any new or existing client, bid on or accept any projects or
contracts related to or including marketing, advertising and public relations for a Coachella
Valley based city, travel or tourist area for economic development related purposes without
the prior written approval of City. Such action will be deemed a conflict of interest and the
entire Agreement at the City's sole discretion shall be rendered null and void, and shall
discharge any and all duties which the City has under this Agreement. City at its sole
discretion shall determine whether an action is deemed to be a conflict of interest.
8.4 Covenant against Discrimination. Contractor 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, disability or
ancestry in the performance of this Agreement. Contractor 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,
physical disability, mental disability, medical condition, age or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 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 Section 9.1 .
To City:
CITY OF LA QUINTA
78-495 Calle Tampico
P.O. Box 1504
La Quinta, California 92253
Attention: Mark Weiss, Assistant City Manager
To Contractor:
Kiner/Goodsell Advertising
73-101 Highway 1 1 1, Suite 4
Palm Desert, California 92260
Attention: Scott Kiner
9.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and all previous understandings, negotiations and agreements are integrated
24
into and superseded by this Agreement except as to the carryover tasks referenced in
Section 2.9 which shall be governed by the 2002-2003 contract services agreement.
9.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing signed by both parties.
9.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared
invalid or unenforceable by a valid 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.
9.5 Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of
said parties and that by so executing this Agreement the parties hereto are formally bound
to the provisions of this Agreement.
25
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA:
Dated:
ATTEST:
JUNE S. GREEK, City Clerk
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
Dated:
THOMAS P. GENOVESE, City Manager
"CITY"
KINER/GOODSELL:
By:
Name:
Title:
"CONTRACTOR"
26
/41:i5ih
rodsell
Exhibit "A"
Scope of Services 2003-2004
Contractor shall receive a Monthly Contractor Fee to implement the City of La
Quinta's marketing and public relations program. The Monthly Contractor's Fee
covers at least thirty-five (35) account service hours per month to include:
*Full responsibility for all aspects of project management and implementation of
all programs and tasks listed in the City Marketing Plan, including, but not limited
to:
o Marketing of various Community Services events; such as the City
Picnic
o Updating both versions of current City of La Quinta infomercial
o Researching and placing media schedules for updated
infomercials, as well as current :30 second television spots
o Coordinating copy and photography of 2003 Palm Springs Life
Advertorial
o Producing; printing and mailing of 2003 Annual Newsletter
o Designing new Bob Hope Chrysler Classic Program Ad
o Designing and media placement of trade publication advertising
o Coordinating Calendar Production — including photography, design,
printing, and mailing
o Coordinating ICSC ad creation and media placement
*Project management and implementation responsibilities include, but are not
limited to: coordination with the media, businesses, restaurants, retailers,
builders, financial institutions, developers, regional airport and the Chamber of
Commerce; and distributing collateral materials produced for programs to City
Hall, Chamber of Commerce, retail outlets, restaurants, regional airport, financial
institutions, developers, etc.
*Basic account services.
*Client meetings (in person, by phone, fax or e-mail), including at least one in
person meeting at La Quinta City Hall every month, and weekly updates via
telephone or e-mail on the alternate weeks.
*Strategic planning.
*Budgeting.
27
*Investigating public relations opportunities.
*Media relations.
*Media placement.
*Research.
*Production management.
*Preparing local press releases.
*Tracking of account services hours.
*Completion of Monthly Status Reports to include all work items completed
during the month, as well as a list of account service hours and associated
tasks/work completed.
*Assume responsibility for project accuracy upon approval of direction and
specifications form Contract Officer.
*Practice and assume responsibility for quality control throughout the Term of the
Agreement, including but not limited to checking for defects, errors in design,
page composition, format, misspelled words, print and color specifications prior
to delivery to City.
*Assure timely delivery of work items.
28
Kiner/Goodsell Marketing Budget Proposal
for the City of La Quinta 2003-2004
Community Services Marketing Budget
City Picnic Advertising $5,000
TOTAL COMMUNITY SERVICES $5,000
TOTAL COMMUNITYSERVICES $5,000
Economic Development Electronic Media
Budget
Infomercial Media in San Diego
$8,000
Infomercial Media in Pacific Northwest
$8,000
Infomercial Media in Inland Empire
$5,000
Infomercial Media in Coachella Valley
$5,000
Update the Out -of -Market Infomercial (version 1 production)
$6,000
Update the In -Market Infomercial (version 2 production)
$6,000
Reproduction of Infomercials
$1,000
TOTAL INFOMERCIAL
$39,000
Local Economic Development TV Spots (media) $5,000
TOTAL LOCAL ED TV SPOTS $5,000
TOTAL ECONOMIC DEVELOPMENT ELECTRONIC $44,000
Public Information
Palm Springs Life Advertorial $7,500
Calendar Production (including photography) $14,000
Calendar Printing $25,000
Annual Newsletter Production $3,000
Annual Newsletter Printing& Mailing $15,000
TOTAL PUBLIC INFORMATION TOOLS $64,500
TOTAL PUBLIC INFORMATION $64,500
Economic Development Print Budget
Trade Publication Media $7,000
Trade Media Production $1,500
Bob Hope Chrysler Classic Program Guide Media $2,500
Bob Hope Chrysler Classic Program Guide Production $1,000
TOTAL ECONOMIC DEVELOPMENT PRINT $12,000
Total Economic Development Print
$12,000
29
Economic Development Events
ICSC Program Ad Media $2,000
ICSC Program Ad Production $1,000
ICSC EVENT/ADVERTISING $3,000
TOTAL ECONOMIC DEVELOPMENT EVENTS
Marketing Retainer
Consultant Advertising Retainer
TOTAL MARKETING RETAINER
TOTAL KINER/GOODSELL BUDGET
$3,000
Budget
$36,000
$36,000
$1649500
RX
ceitivl 4 44PQu&rw
COUNCIL/RDA MEETING DATE: July 1, 2003
ITEM TITLE:
Authorization for Overnight Travel for Three
Members of the City Council and the City Manager
to Attend the League of California Cities Annual
Conference in Sacramento, California to be held
September 7, 8, 9 and 10, 2003
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: /5
STUDY SESSION:
PUBLIC HEARING:
Approve authorization for overnight travel for three members of the City Council
and the City Manager to attend the League of California Cities Annual Conference
in Sacramento, California to be held September 7, 8, 9 and 10, 2003.
FISCAL IMPLICATIONS:
Expenditures for this conference are estimated as follows:
Registration
$ 420
Travel
$ 300
Hotel
$ 740
Meals
$ 300
Total
$1760
TOTAL (for four) $7040
Funds for this conference attendance are available in the Legislative Program's
Travel, Training and Meetings Account (#101-101-637-000) and the City
Manager's Office Travel, Training and Meeting Account (#101-102-637-000).
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The League of California Cities will be holding their annual conference, entitled
"Saving Local Democracy," at the Sacramento Convention Center. The first day
will include the Opening Plenary Session along with League policy committee
meetings. The remaining days will feature the 26`h Annual Expo, various business
meetings and a variety of program sessions on topics such as fiscal stability,
effective grassroots advocacy and public safety. Mayor Adolph, Council Member
Henderson and Council Member Osborne have expressed an interest in attending
this meeting.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve authorization for overnight travel for three members of the City
Council and the City Manager to attend the League of California Cities
Annual Conference in Sacramento, California to be held September 7, 8, 9
and 10, 2003; or
2. Do not approve the request for overnight travel; or
3. Provide staff with alternative direction.
Respectfully submitted,
- YA--1
Terry De finger, Managegent Assistant
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Announcement -- League of California Cities Annual
Conference
2
21,
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league of [alffornia Gties
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11
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III
MISSION STATEMENT
To restore and protect the greatest measure of local control for
cities through education and advocacy in order to enhance the
quality of lie for all Californians.
CORE BELIEFS...
Local self -governance is the cornerstone of democracy.
Our strength lies in the unity of our diverse communities of
interest. In the involvement of all stakeholders in establishing
goals and in solving problems.
In conducting the business of government with
openness, respect, and civility.
The spirit of public service is what builds communities.
Cities are the economic engine of California.
The vitality of cities is dependent upon their fiscal
stability and local autonomy.
The active participation of all city officials increases
the League's effectiveness.
Focused advocacy and lobbying is most effective through
partnerships and collaboration.
Well informed city officials mean responsive, visionary
leadership, and effective and efficient city operations.
Dear City Officials and Friends of Cities:
Never has there been a more decisive juncture for the future of
California local government. Never has it been more important for
city leaders to convene and to commit ourselves to defending the
right of each of our communities to determine its own future.
For too long we have seen politicians at the State Capitol usurp the
authority of our people and their local representatives. In this grave
time of fiscal problems for California there is no greater service we
can do for our constituents than to protect and enhance their ability to be knowing, engaged
citizens of their own community. The current State budget train wreck is more than a mere
battle among politicians for control of the people's dollars. The stakes are much, much higher.
Our cause is nothing less than "Saving Local Democracy"
This most fitting theme for our 105th Annual Conference frames the work ahead of us. The
conference will be our unique and timely chance, in the final days of this Legislative session,
to demand state officials show some respect for America's and California's essential tradition
of local authority. It is also our chance to prepare ourselves for the difficult responsibilities that
the courageous exercise of local authority will entail. These are our duties; we must be ready
to lead.
I look forward to seeing a large delegation from each city in Sacramento this September.
Sincerely,
,John Russo
President, League of California Cities
City Attorney, Oakland
INJ I
Our system of government — indeed,
our local rights and authorities — are
at a critical juncture.
From many corners and in many ways the ability of ordinary local citizens
to determine their community's future by local democracy is in jeopardy.
The State continues its threat to take city funds to patch its own fiscal
problems without addressing their underlying causes.
The Federal government continues to mandate programs and regulations
without providing the resources, or even recognizing that such mandates
can be unreasonable, ineffective, or unnecessary.
International agreements threaten the ability of our cities to determine
appropriate land uses, environmental protections, or social programs.
These are but a few of the many forces impinging on our ability as city
officials to serve the needs of our local citizens.
In short, our local democracy — the very democracy that forms the
foundation of a strong and healthy nation and a caring and engaged
citizenry — is threatened.
The good news, though, is that we have the ability to change and
improve this situation. Already we have demonstrated that when
"California Cities Work Together" we can lead change. No other public
officials are as attuned to the "real" public, as distinct from the special
interests that wield such powerful and imbalanced influence at the state
and national levels. No other public officials are better positioned and
able to attain and hold the vital trust of the public.
LOCAL DEMOCRACY
To prepare ourselves, our cities, and our constituents for our task of Saving
Local Democracy, we must do several things:
■ We must be informed.
■ We must develop and focus our resources around a viable
plan of action.
■ We must develop and engage allies.
■ And we must sustain our effort until the citizens of our cities
again are in a position, working with their representative
governments, to wisely and carefully chart their way to a
sustainable future.
This is the work of the 105th Annual Conference of the League of
California Cities. If we are to be successful in this work, all city officials
will need to participate, help develop the plan and resources, and commit
to the effort.
We need to come together at the Conference to begin this work.
,1, .if
The League of California Cities is the cities' own organization, through
which city officials work together to further the common interests of their
cities and citizens. City officials determine League policies and programs
to assure that its diverse array of services are those which best meet the
needs of cities.
LEAGUE SERVICES INCLUDE:
■ Legislative advocacy on behalf of cities, both in
Sacramento and in Washington, D.C.
■ Educational programs and materials on subjects of concern
to city officials
■ Research and information exchange to help officials perform
their duties more effectively
■ Legal assistance to city attorneys in guiding their agencies
in the intricacies of the law
■ Publication of Western City, a monthly magazine
These services are available to all city officials, elected and appointed,
simply by contacting the League. All officials are encouraged to partici-
pate in League activities, for the League is only as strong and effective as
city officials, by their involvement, make it. This spirit of cooperation and
mutual strength is captured in the Leagues motto, "California Cities Work
Together. "
THE LEAGUE
HOW TO GET INVOLVED
There are many ways to be involved in helping your city — and
all cities — through the League. Contact your division or department
officers, regional representatives, League board members or staff, or
one of your own city officials who are involved with the League to learn
what you can do. You might help in one or more of the following ways:
■ Be active locally in legislative advocacy
■ Participate in League educational programs
■ Serve on League task forces or committees
■ Participate in the Leagues policy development process
■ Become an officer of your department or division
■ Contribute to newsletter articles or Western City magazine
■ Participate in the information sharing on the League's
website and listserves
■ Assist in arranging educational programs in your area
■ Volunteer to help lead sessions at League meetings
■ Work with key organizations in your city on
grassroots lobbying
■ Visit www.cocities.org
PRIVATE SECTOR RELATIONS
Although membership in the League is restricted to the cities of California,
businesses can be involved with cities through the League by being a
Corporate Citizen, exhibiting at the Annual Conference, advertising in
Western City Magazine, or participating in CITIPAC. For more information
visit www.cacities.org.
HOW TO PARTICIPATE IN DEVELOPING LEAGUE POLICIES
Policy development is one of the primary purposes of the annual confer-
ence. The conference provides cities an opportunity to focus attention
and prepare a positive program to strengthen cities. Cities are the level
of government closest and most responsive to the public. All city officials
are welcome at, and may address policy committee meetings, the general
resolutions committee meeting, and the annual business meeting.
SUBMISSION OF RESOLUTIONS
Resolutions for consideration at the conference may originate from city
officials, city councils, regional divisions, departments, policy committees,
the board of directors, or by petition at the conference. Resolutions to be
considered at the 2003 annual conference must be submitted to the
League's Sacramento office at least 60 days prior to the opening of the
League's general assembly. Resolutions must be submitted no later than
Wednesday, July 9, 2003, so city officials will have full opportunity to
consider resolutions prior to the annual conference.
CONSIDERATION OF RESOLUTIONS
The League president refers each conference resolution to an
appropriate policy committee for review. Policy committees meet on
Sunday, September 7, 2003, to review resolutions and to take action
on resolutions, which will then be reported to the general resolutions
committee. Only resolutions that have a direct bearing on city issues
should be considered or adopted at the annual conference. Beginning
in 2003, resolutions will be reviewed by policy committees once at the
Annual Conference meeting, not twice as in previous years. For more
information on changes to the Annual Conference Resolutions Process,
please visit our website at: www.cacities.org/ACResolutionsProcedures
LATE -BREAKING ISSUES
For those issues that develop after the normal 60-day deadline, a
resolution may be introduced with a petition signed by designated voting
delegates of 10 percent of all member cities. A resolution signed by 48
voting delegates shall be presented to the League president no later than
24 hours prior to the time set for convening the League's general assembly.
This deadline is 10:15 a.m., Tuesday, September 9, 2003. The initiative
process should be reserved for truly late -breaking issues. If the parliamen-
tarian finds that a petitioned resolution is non -germane to city issues or
is identical or substantially similar in substance to a resolution already
under consideration, the petitioned resolution maybe disqualified by the
resolutions committee.
ANNUAL CONFERENCE RESOLUTIONS
CALENDAR OF EVENTS
Tuesday, June 24th
Deadline for submitting appointments for the general
resolutions committee.
Wednesday, July 9th
Deadline for submitting resolutions to the League's Sacramento
office.
Early August
Resolutions distributed to city officials and posted on the League
website.
Sunday, September 7th
Policy committees meet at annual conference to review resolutions
and make recommendations to the general resolutions committee
on resolutions assigned to each committee.
Tuesday, September 9th
General resolutions committee meets to consider and make
recommendations on resolutions presented.
Wednesday, September loth
Consideration of resolutions by cities in the general assembly at
the annual business meeting.
:j:444FJA11►`fri;
FISCAL STABILITY
■ The State Budget and Cities
■ Strategies Toward Stable Resources
■ Getting the Most From Your Current Revenue Sources
■ Fiscal Health Contingency Planning
■ Handling Ballot -Box Finance Measures
EFFECTIVE GRASSROOTS ADVOCACY
■ Making Your Case to Local Leaders
■ Building Your Local Coalitions
■ Developing Influential Relations with Legislators
■ Advocacy and the law: The Do's and Don'ts While Making Your Case
■ Advocacy Through Earned Media — Skills and Techniques to Make Your Case
PROGRAM TOPICS
PUBLIC SAFETY
HOUSING AND LAND USE
■ Joint Fire and Police Programs for Critical Response Events
■ State and Federal Housing Programs: We Agree on the Problem, Where are the Resources?
■ Policies and Plans for Dealing with Terrorism
■ Affordable Housing: Addressing Neighborhood Concerns
■ Children and Violence: Safe From the Start
■ Inclusionary Housing: How It Can Work in Your Community
■ Dealing with Psychological Effects of Fear on the Community
■ Housing Innovations — New Ideas That Might Not Have Occurred To You:
■ Continuity of Service in a Disaster
Manufactured and Factory -Built "Panel" Housing; Sustainable Design Practices;
■ Identifying and Protecting Targets
Walkable Cities
■ Public Safety Retirement and Pension Issues
■ Balancing Housing & the Environment — Hot Emerging Issues:
Flood Plains, Farming, Water, Open Space, and Brownfields
INFRASTRUCTURE AND TRANSPORTATION
■ Housing Elements — A Fresh Look: Creative Ways to Get Approval; Progress to
■ Funding NPDES Requirements
a Self -Certification Process
■ Environmental Justice: Issues and Actions for Cities
■Issues in Planning and Constructing New Public Buildings
■The Politicization of Traffic Safety
■ Renewable Energy Strategies and Resources
■ Implementing a Master Bike Plan
PROMOTING PUBLIC CONFIDENCE IN LOCAL GOVERNMENT
■ Performance and Customer Service Standards in Public Works
■ Current Issues in Public Works & Eminent Domain
■ Why Good Ethics is Good Politics
■ Update on Water Quality Issues
■ Making Decisions Your Constituents Hate
■ Traffic Calming lessons
■ Drawing People into the Process Through Coalition Building,
Grassroots Networks and Education
COMMUNITY SERVICES AND ECONOMIC DEVELOPMENT
■ Creating, Targeting and Testing Your Messages as an Elected Official
■Cities and After School Programs
■ Open Government Issues and Public Confidence
■ Applying lessons Learned to Promote Public Confidence
■ Leading Inclusive Communities
■ Community ID — Building Your Retail Sector
C�
■ Understanding and Using the Economic Power of Community Services
00
■ Making Your City Senior Friendly
TJ
■ Building Positive Relations with Indian Casinos
INTERNAL ADMINISTRATION
■ Cash and Investment Management — How CalTrust Fits In
■ Business license Taxes: Will Yours Meet the Test?
■ Budget Balancing Strategies
■ Risk Management and Controlling Insurance Costs
■ Analyzing Your Budget
■ PERS Fiscal Status and Your Budget
■ PERS Issues: Programs and Plans
■ Non -monetary Motivations
■ Personnel Issues & the law
■ Strategies for Preparing the Next Generation of Managers
■ Electronic Communications and the Law: Filing and Accessibility
■ Informing the Public of Pending Actions
■ Enhancing and Using Your City's Web Page
■ Voting Rights and Public Records
■ Technology Issues, Strategies and Applications for Local Officials
LEGAL ISSUES
■ Personnel Issues & the Law: HIPAA, Personnel litigation Update;
Religion in the Workplace
■ Intergovernmental Relations Joint Powers Agreements: Tiburon; 1090;
Liability; Sec. 6509; Dormant Commerce Clause;
Multi -jurisdictional apportionment of revenues
■ Public Works Law Eminent Domain: Planning/pre-condemnation liability; Relocation
assistance; Stale appraisals; Differences in eminent domain procedures between federal &
state law for federally funded projects; Alternatives to design build contracts
■ Public Confidence and the law: Valid council expenses;
Council leadership v. management, Internal checks & balances & legal authorities
■ Voting Rights and Public Records: Voting rights act; Public records act
■ Litigation Updates: Tort & civil rights; General litigation update
SKILLS FOR EFFECTIVE LEADERS
■ Working with the Media
■ Effective Communication Techniques
■ Organizing Your Public life
■ De -Stressing Yourself
O ■ Building Effective Working Relations
CO J ■ Establishing a Culture for Ethical Actions: Lessons from life
MONDAY, SEPT 8, 11:00 AM — 12:15 PM
(These program topics are in addition to each department's annual business meeting.)
Mayor & Council Members: Perspectives from the Capitol
City Managers: Department Activities and Plans
City Attorneys: Land Use Litigation Update
City Clerks: Building an Electronic Agenda
Employee Relations Officers: Health Care Options: 2004 and Beyond
Finance Officers: Revenue Options in a Post Prop 21 8 World
Fire Chiefs: Budgeting During Tough Times
Planners: The Americans with Disabilities Act, Zoning,
and Reasonable Accommodations
Police Chiefs: Attorney General's All -Zone Meeting
Public Works Officers: Report from CalTrans Division of Research
and Innovation
Recreation Parks & Community Services: The Leadership Roles of the
Various Community Services Professions
SUNDAY, SEPTEMBER 7'"
11:00 - 7:00 p.m.
Registration, City Hall and C'rlyllooks Open
11:30 -1:30 p.m.
Policy Committee Meetings (Thursday group)
1:30 - 3:30 p.m.
Policy Committee Meetings (Friday group)
4:00 - 6:00 p.m.
Opening Plenary Session
6:00.8:00 p.m.
Welcoming Host City Reception
MONDAY,
SEPTEMBER 8'"
7:30 a.m.
Registration, City Hall and CityBooks Open
7:45 - 9:00 a.m.
Division Breakfasts
9:15 -10:45 a.m.
General Session
11:00 a.m. -12:15 p.m.
Department Business Sessions
Noon - 5:30 p.m.
Expo open
Noon -1:30 p.m.
lunch in Expo Area
1:30 - 3:00 p.m.
Program Sessions
3:00 - 3:30 p.m.
Break in Expo Area
3:30 - 4:45 p.m.
Program Sessions
4:45 - 5:30 p.m.
Expo Area Reception
5:30 - 7:30 p.m.
Party in the Park — Honoring the legislature and State Officials
7:00 -10:00 p.m.
Latino Caucus Gala Reception
8:00 P.M.
Special Entertainment
TUESDAY,
SEPTEMBER 9'"
8:00 a.m.
Registration, City Hall and CityBooks Open
8:30 -10:00 a.m.
General Session
10:00 a.m. - 3:30 p.m.
Exposition Opens
10:15 a.m.
General Resolutions Committee
10:30 a.m. -12:00 p.m.
Program Sessions
Noon -1:30 p.m.
Expo Area Lunch
1:30 - 3:00 p.m.
Program Sessions
3:00 - 3:30 p.m.
Break in Expo area
3:30 - 5:00 p.m.
Program Sessions
5:00.6:30 p.m.
Reception Hosted by League Corporate Citizens
6:30 p.m.
Evening Free
WEDNESDAY, SEPTEMBER 10"
7:30 a.m. Registration, City Hall and CityBooks Open
Special Interest Group Meetings
Informal Topical Discussion Breakfasts
8:30 - 9:45 a.m. Program Sessions
10:00 a.m. -12:30 p.m. Closing Plenary Session
Keynote
Annual Business Meeting
12:30 p.m. Adjoum
r-+
O Please Note: Session times, fides, and topics are subject to change.
r0 Please check for updates at www.cocifies.org/ac
26TH ANNUAL EXPOSITION
Visit the Expo Monday and Tuesday to meet with representatives from over
275 private firms, non-profit organizations and public agencies providing
products and services for solutions to the issues YOU face! The Expo is a
one -stop -shopping experience where the products and services relate to all
areas of your city and can make a difference in your community. With 330
booths, the Expo promises to be a vital resource to supplement the conference
sessions. View a list of current exhibitors at www.cacities.org/expo.
EXPO SCHEDULE (Tentative expo hours)
MONDAY, SEPTEMBER 8TH
Noon - 5:30 p.m.
■ Complimentary Delegate luncheon
■ Afternoon Beverage Break
■ Reception
TUESDAY, SEPTEMBER 9TH
10:00 a.m. to 3-.30 p.m.
■Morning Beverage Break
■ Complimentary Delegate Luncheon
■Afternoon Beverage Break
■ Exhibitor Prize Drawings
Please visit www.cacities.org/expo for schedule updates.
Free Expo admission will be Tuesday, September 9th, from 10:00 a.m. to
3:30 p.m. This is an opportunity for city staff members not attending or
registered for the conference to take advantage of the resources of the
Expo. Your staff can pick up a FREE PASS to the Expo floor at the League
Expo Desk located in the Exposition Hall of the Sacramento Convention
Center. For more information, contactlulia Williams, Exposition Manager
at (916) 658-8237.
LEA u , OF .A� .mORNIA CmEs ANNUAL CONFERENCE
Sunday, September 1- Wednesday, September 10, 2003 • Sacramento Convention Center, Sacramento, California
We invite you to register on-line by visiting www.cacities.org/ac OR fill out this form
completely and return it to the League of California Cities.
Please enter your name and title, as they should appear on your name badge and
registration. Please indicate guest/spouse's name if attending (if guest/spouse is not
a public or city official). Please complete one form per registrant. Confirmations will be
mailed to the address designated below:
Name Title
Mailing Address
City Zip Code
Telephone ( ) Fax ( )
Email
Spouse/Guest Name
goIf you require special accommodations related to facility access, communication
and/or diet, please contact our Conference Registrar at (976) 658-8291.
Submit this Registration form by Friday, August 8, 2003, and receive a coupon worth
$25 redeemable at CityBooks.
League of California Cities Board policy allows city officials who wish to join a recog-
nized diversity group - presently the Latino Caucus - to do so in conjunction with this
conference. If interested in joining, simply include your dues when remitting your regis-
tration fee.
�.vj900ffAbk If paying by check or money order, please mail to:
League of California Cities
F—t► :'J 1400 K Street • Sacramento, California 95814
Full Conference
City Officials ....................................
@ $420.00
Other Public Officials ...............................
@ $470.00
All Others ......................................
@ $520.00
Spouse or Guest ..................................
@ $ 75.00
Total $
One Day Only
Please indicate which day you will be attending:
❑ Sunday ❑ Monday ❑ Tuesday ❑ Wednesday
City Officials .....................................
@ $250.00
Other Public Officials ...............................
@ $300.00
All Others .......................................
@ $350.00
Total $
Options
Latino Caucus ....................................
@ $100.00/yr
City Attorney Papers` .............................
@ $ 50.00
Total $
'The cost of the attorney papers is not included in the registration amount. Papers will be available at the confer-
ence. If not picked up at the conference, papers will be mailed after the conference.
Payment Information:
Please note, the League is unable to accept purchase orders, American Express or
Discover cards at this time. If paying by credit card please fax your registration
form to (916) 658-8220.
❑ City Check ❑ Personal Check ❑ Visa ❑ MasterCard
Cardholder Name
Authorized Signature
Credit Card Number Expiration Date
NOTE: All cancellations must be submitted in writing and are subject to a $50
processing fee. No refunds will be given for cancellation requests received after
Friday, August 29, 2003.
Registration Forms Must Be Postmarked or Faxed By Friday, August 8, 2003 After this date, please register on site.
V
Sep
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OFTt�
COUNCIL/RDA MEETING DATE: July 1, 2003 AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE:
CONSENT CALENDAR: /60
Approval of a Lease Agreement with Cannon Copiers
to Provide Digital Copiers, Maintenance, and Supplies
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Approve a Lease Agreement with Cannon Copiers to provide digital printer/copiers,
maintenance, and supplies to serve the needs of all City departments.
FISCAL IMPLICATIONS:
Monthly costs will total $1,766.50, and have been allocated in the Fiscal Year
2003/2004 Preliminary Budget in account No. 101-153-609-604.
CHARTER CITY IMPLICATIONS:
�CTiT�
BACKGROUND AND OVERVIEW:
In the past, copy equipment was purchased on an as -needed basis by individual
departments from Xerox, Corp. Most of this equipment is of the older analog
generation which cannot be networked.
Staff has investigated a number of brands of digital, multi -tasking, copy equipment
with a specific program in mind. This "umbrella" program will place all of the multi-
function fax/copier/printers under one service contract. It will provide products such
as ink and toners on a regular basis, and will allow all of the equipment to be covered
under a single lease agreement.
This approach has been used in other cities and agencies successfully and will provide
La Quinta with the opportunity to replace its present analog equipment with new
products using digital technology. The old equipment will be disposed of through the
City's normal surplus procedures.
Three copiers are still under lease with Xerox Corporation and will be allowed to run
the term of their leases prior to replacement. Staff is recommending a selection of
equipment that can be networked, allowing employees to print and copy documents
and send faxes from their desktop computers. The larger units (IR-2200 and IR3300i)
will also be equipped with a scanner and "Scan to E-mail" feature.
Staff compared similar products made by Xerox, Toshiba, Hewlett-Packard and
Cannon. Cannon appears to best meet the City's needs for the following reasons: 1)
Several features offered by Cannon are not available on the competitor's equipment;
2) The contract with Cannon is a lease to own contract. At the end of the 60-month
lease period, Cannon offers an end -of -term purchase option of ONE DOLLAR. Other
company's lease contracts offer renewal or replacement options after 60 months;
3) The agreement with Cannon will give us a guaranteed service response time; and
4) All Cannon Copiers are Energy Star TM, energy efficient products.
Attachment 1 is a diagram showing the equipment currently located in City Hall and
the models that are proposed to replace them. The diagram does not show the
additions for the City Yard and the Police Substation in the Village.
Pursuant to Municipal Code Section 3.12.270, staff is requesting an exception to the
competitive bidding requirement by "piggy -backing" on the California Multiple Award
Schedule (CMAS). This will result in lower prices, based on state volume, than those
available if the City were to competitively bid it. As a result of entering into this
contract, the City will be replacing its existing copiers, as detailed in Attachment 2, in
accordance with Municipal Code Section 3.12.320.
Attachment 3 is a copy of the Lease Agreement that has been approved by the City
Attorney.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve a Lease Agreement with Cannon Copiers to provide digital
printer/copiers, maintenance, and supplies to serve the needs of all City
departments; or
K
r)
2. Do not approve a Lease Agreement with Cannon Copiers to provide digital
printer/copiers, maintenance, and supplies to serve the needs of all City
departments; or
3. Provide staff with alternative direction.
Respectfully submitted,
Ju eek, City Clerk
Jo4n Falconer,'Fina4ce Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Location Diagram
2. Listing of Proposed and Existing Equipment
3. Copy of Lease Agreement
3
C{7��ner�,
FLOOR PLAN FOR CITY HALL
CITY OF LA QUINTA
P.O. Box 1504
78-495 Calle Tampico
La Quinta, CA 92253-1504
oFT 5 iT�
ATTACHMENT 1 11
l-R,e po S Q d
City of La Quinta
Copier Features
Location Unit # Current Proposed Faxing Stand-alone Counter -top Base Cost CPC
Planning
1
Fax & C525
iR 1370
Y
Y
$ 74.00
$0.02200
Public Works
2
Fax & WCP
555
IR 1370
Y
Y
$ 74.00
$0.02200
Building &
Safety
3
4
WCXD 130
PC740
iR 3300i
iR 1370
Y
Y
Y
Y
$263.25
$ 74.00
$0.01100
$0.02200
Color Unit
5
Ricoh 3506
iR C2058
N
Y
$390.00
$0.02200
Community
Services
6
WCXD 130
iR 1370
Y
Y
$ 74.00
$0.02200
Finance
7
XC 1255
iR 3300i
Y
Y
$263.25
$0.01100
City Clerk
8
XC 1255
iR 2200
Y
Y
$160.00
$0.01100
City Manager
9
C536/Pro16
iR 2200
Y
Y
$160.00
$0.01100
City Yard
10
XC 1255
iR 1370
Y
Y
$ 74.00
$0.02200
Police Sub
Station
11
Unknown
iR 2200
Y
Y
$ 160.00
$0.01100
A
ATTACHMENT 3
canon
Canon Financial Services, Inc. ('CFS-)
P.O. Box 4004
MIINIrIDAI I CACC Ar0CCR Ck1-r
tour ccvvcW
www.ds.cenon.com
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1
CFS-1045 (04102)
Agreement _--
Number
Customer (Full Legal Name)
Bluing9 /+v�M
'
EquipmentAddress
✓'
City
CCustomer') Phone MAIO %% ..7po2
✓. �vr,2 �e p
-
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Quanfity I
EQUIPMENT INFORMATION
Serial Number I Mak
Descri lion
NUMBER AND AMOUNT OF PAYMENTS
No. of Pints, Total Emmoot
60 Me, 5_
5
3
'2
is i170f
is noo
it 3�ooi
/R C ZoS p
w-,a>tjs
s�sr s
Sys-rc�+.:
S',STZ.A!
Term in months Plus Applicable Taxes
Payment Frequency
❑ Monthly ❑ Quarterly ❑ Other.
=nstea CNariftig Howe ("ACH') Authorization: By providing the below Information, Customer hereby authorizes CFS to automatically withdraw from the bsnk account do bed below the full amount
des for aahih brYrp Period. indudrng any applicable taros end fees, on the due date. This authorization shall continue until this Agreement expires unless revoked in wribrp.
ACH YES NO 1: 1-
m Yes, enter information in boxes above: Bank Routing Code from bottom of check, and Customer's Account Number from bottom of check.
THIS AGREEMENT IS EFFECTIVE ONLY UPON SIGNING BY BOTH PARTIES. THIS AGREEMENT IS NON -CANCELABLE BY CUSTOMER. CUSTOMER REPRESENTS THAT ALL
ACTION REQUIRED TO AUTHORIZE THE EXECUTION OF THIS AGREEMENT ON BEHALF OF THE CUSTOMER BY THE FOLLOWING SIGNATORIES HAS BEEN TAKEN.
ACCEPTED r--- AUTHORIZED CUSTOMER SIGNATURE
CANON FINANCIAL SERVICES, INC.
Title:
Dace
By: X Title.
Printed Name:
By: X
Printed Name:
Tale:
To: Canon Financial Services, Inc, ('CFS") ACCEPTANCE CERTIFICATE
The Customer t>atllilles drat (a) the Equipment referred to In the above Agreement has been received. (b) installation has been complelsd, (c) thhe Equipment has been examined by Customer and Is
In good operating order and condition and is, in all respects, suiisfacbry to the Customer, and (d) the Equipment is Irrevocably accepted by the Customer for ad pteposes under the Agreement Acmdbgy,
Customer notably authorizes bbv order this Aomemerit
Sigfttgn: X
Printed Name:
Title (I any) Date:
1. AGREEMENT: CFS teases to Customer,TFRMR ANn CANnITIANR a [state name or political subdivision or agency] of Flats name] with its u ttief exam" o1fCe at
Larel, New Jersey 08M, all the eqW t destxbbed above, and Customer leases from CFS, with is place R business at 158 Galther Dive, State 200 Mount
together wtth all replaoernent parts and substlhAions for and aidilioris b all such equipment (the'EQWpment), upon the tames and oondWons set forth
In this Lease Agree kMWMreertner amount of each Payment Is based on 1he suppliers best estimate of the cost of the EgWpment Such Payments wit be adjusted upward or downward d the actual total
cost of the E anhr sales or use tax. Is more Or less than the estknab and. to that event Customer authorizes CFS b allusl such Pavmems by uo to fifteen oement f15%1
I AGREEMENT PAYMENTS: Customer agrees to pay In advance to CFS, durghp the term of tlds Agreement (a) the Payments specified under'Number and Amount of Payments" above, and (b) such other
amotrhte pemilhad hereunder as Invoiced by CFS ("Payments!) and (c) on Schedule 1 attached hereto. Such Payments are Comprised of the prInclpill and interest tmemon
3. APPLICATION OF PAYMENTS:.All Payments received by CFS from Customer under tits Agreement wit be applied to aroohts due and payable hereuxder chronologically, based on the data of CFS's de
shown on Ina Invoice for each such amount and snoop amamis having the same date b such order as CFS, to Its disoetion, may determine. 181g
4. TERM OF AGREEMENT: The term of each Agreement chat commence on the dab to Equipment Is delivered to Customer, provided the Customer executes CFS% Acceptance Certificate or of herwlee accepts
the Egttiprnerk es sPedAed h this oprere t The form Of tYs Apnsanherht chat end, urIIBSS sooner IBrrnklated by CFS Or as elsew tiere provided herein, wneri all ano xft mgt*W b be paid by Customer tiler ttis Apreernsit have been paid ore povidedeaotodnether (a) Cusbnier has purchased the Equtipment In axoNanoe with the terms hereof or (b) the Equipment has been retumed at the end a the scheduled term or
renevral temp ar otmallet68 to 80CdfdahCB with the temps hereof. Except es set forth therein, Ctrsbtrher has no right b return the Eq�'-,h7,u�•�•^�nl b CFS prior b it* and of the echedulad tern of ids Agreement for any
reason, wtialsoever, YmdudYq, waWouA IYhtlatlorh, paynment of all anoants due ualdef the Agreement prior to ek end of the scheJ tart
5. NO CFS WARRANTIES: CUSTOMER ACKNOWLEDGES THAT CFS IS NOT A MANUFACTURER DEA ER, OR SUPPLIER OF THE EQUIPMENT. CUSTOMER AGREES THAT THE EQUIPMENT IS LEASED
'AS IS" AND IS OF A SIZE, DESIGN AND CAPACITY SELECTED BY CUSTOMER CFS HAS MADE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SUITABILITY OR DURABILITY OF THE
EQUIPMENT, THE ABSENCE OF ANY CLAIM OF INFRINGEMENT OR THE LIKE, OR ANY OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT
INCLUDING, WITHWT LIMITATION, THE IMPLIED WARRANTIES lXt MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Any warranty w itt respect to the EgWpment made by dhe supplier,
dexter, or marhWacerer is separate from, and is not a pat of, this Agreement and shall be for the benef t of CFS, Customer, and CFS's purchaCFS msaerr or assiiggnee, it any. pSpot long
eas Curstomer is not in breach or defaWl
d thte AgreanmerN CFS assigns rb�Chrsbmer, soby for tea of AND AGREES THAT NEITHER HE SUPPLIER NOR ANYY DsuFJLLER'IS AUTor
HORmanufacUer for breach of
IZED TO WANE OR ALTER
ANY « OF THI�EhENT, OR MAKE ANYctTI ARRANTY WITH RESPECT TO THIS AGREEMENT OR THE EQUIPMENT ON BEHALF OF CFS.
6. FISCAL FUNDING: The Cuhsbrrerwaramta that tt has fords avafable b Payments payable phrsuarhl to this Agreement until rib and of Its arrant appropriator period and warrants that t presently Intends b make P11ymtlMs to each a pptop�i� period from now trnlf ere end of its reentent The oftcer a the Cusbnner responsible for preparation of Customers annxbl budge) shall request Gomm is Iepislailive body or
htdkg frrds b ii p b CFS uder ads Agreerrhermt n rallNtbllarhdkp tine l�m�cNg in good math or such request in anon imm wkb Booed s and With th eOMM a reasaAW care and
er�Ce, such �18tve body a (un<Ikq does not appropnlate kris b be paid b CFS fa the Wpment Customer may. upon the e��of the fu autbrized for the then ctrrentl approplimon
tiebsrti the b CFS. as G s expertise ad in accedence vvth thW AAppreerthent ad Customer shall be released of Its obligation b make�P reams b CFS due t herentler, 1) the Gqulpnient Is tebrrhed b CFS es provided for b the Apreermenht (� the above desatbed nnotice stabs the fatiae of the legislative body or bldkq autlgrty b the necessay, fords as the mason for
c ai and ((�� suxii rmotice Is aootmparmied by payrttermt of at anoints tlmen cite b CFS uder ids AgreemamL In the evert Ctatomer returns the Equipment b the le ms of tics Agreement CFS shot
login all am pald by Cuttorner, tl the provisions of tihis paragraph are ulltzed by Cuslonw, Customer agrees not to putchl", lease, or rent any other equipment for the balance of the scheduled IBM of tits Agresrterd fofowdrhg Cuebmhers ttxsctee of is ttrrrtriatorh rights lierekm. This will not be construed so as to pemdt the Customer to temminab the Agreement to order to acquire any other
equipment or obtain bads tWactly or Indirectly b Perform tvcssh11ady the same application t=dre Equipment is Intended.
7. ACCEPTANCE: DELIVERY. Cuasbmees emaAan of the A tarmoe Certgicate, or Customers provislon b CFS of other written txmhmalbn of Its acoeptartm tX the Equlpnent spat tconcusively establislh that the has been detvared b ant acoePbd by Customer for at purposes d ids Agreement and Cusbrtner may not for any reasorh revoke Ihat howava, t Customer has not wdthkh ten (10) days
alter�ilf the Equipment defused b CFS wfttan notice or shy rmah aocepbrice tX the Equipment spectykmg the erasers therabr and apedtca0v its Agreement Cursbrther chat be deemed to
puhnrJneseCtiutotrms t b wraive any rig d aphmciAc perfortrishoe Apreenherml agidW MIO CFS imams fromm rid As betwean CFS and Cusbnms only, iris Agreemmeru spat soupsaede sry Customer 7 '!
uhsaYofacbry or t CFS does not exenxlte this Agreement Ctrabmer agrees that any delay to delivery c the EgWprnent shall not a Ihet vafdty of Ap Ereemnuerit te rot defvered as dared t lime Eq*wt wr—
�, 3
cFs•1o45 (oaroz) SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS. InBal:
8. LOGTION; LEM: NAMES; OFFICES: Wabmm er shall not mow the Equipment from to boaibn Wedid harm except with the pea written conam(d CFS. Customer apwm that it will keep to Equipment tee and dew of all din and lima dim
than two created m a rare of he Agreement. The Qudonds legal name (aa all rath in its constibsM documents fled with the appr*& governmental o6oa or swwy) M sot berth m the soolurs papa. Upon request, the Chalana will dttim b
CFS milked campbnl dcnnaenlL The chid m scufve dice of Customer is loaded d the address ad forth heron. Customer will not shape its name or to location of is chid executive dice unless; CFS has been given at teW 30 days prior wriaen
notice erered and Customer has exsared and delivered to CFS such fnmokV ddemene ad other inenmhaas regwed or appropriate.
9. USE; FlNANCa1G STATEMENTS: Cuslamer.tlad comply with all laws or FWAdons roldi g to to use or maintenance of Yo Equipnerrt. Customer shelf pot in Equipment only b to use conemplaled by the maufmaaer of such E uipmeM.
Customer samorlm CFS to Ito a Anaeiq ointment. baidiq a oopy of he Agreement n a ranan sing ddamnt and appdds CFS (and ay the patty iMq service oompay designed by CFS) as Custaw's Womeyin-fad to sea s ad be. an
Cudanses behalf. wWad slgnaaas of to customer when parroted by law, (a) fnanoaap stdo mras evidmwing the interest of CFS In the Equp nwd. (b) ommuntbn stdbrmnts in reaped tared, and (a) s maadimlts (indudi g inarcip daemons
contabih9 a Woody description of the Equipment than the description W Win heran) and Customer km=@* weiws any right to notice terad.
10. INDEMNITY: Quebnvor press b reirbaos CFS for and to defend CFS panel sty claim for bow or 4sy caused by the Equipment The Section shell survive tsrnandaa of this Agreement.
11. MAINTENANCE; ALTERATIONS: Qusiomw will kop and maintain the Equipment in good workng order not shell, at Custanees experw, apply and kaali al replaoanerd pub end woossorss when required to maintain the Equipment in good
waking- "a' Qplamershall nol, without the prior writlan consent of CFS, make any drape or substivaions to to Equipment. Any and d aplamnsnt parts, accessories, sutadzsd changes a dlor and Wkn$ be the Eq ipmnt dell become pal
d dw Equipmert rot atbjed b fa Irrta d Yat AQraerrwtl
12 TAXES; OTHER FEES AND CHARGES: CUSTOMER SHALL PAY AND DISCHARGE WHEN WE ALL LICENSE AND REGISTRATION FEES, ASSESSMENTS, SALES, USE, PROPERTY AND OTHER TAXES, AND OTHER EXPENSES AND
CHARGES, bpatw with my applicable penalties, bared, now or A any ice imposed upon any Horn of On E*Owl. the PaymaMa payable order he Agreannl, or Cusbrmes perirm ends a non perbrmrae of is obigden hereunder. whether
payable by or awned b CFS or Customer, I Customer fell to Pay any hoc asss meara, taxes, express, or ohargw as required by the Agreement, CFS shell have the right but not to dAgatlon to pay Yam Rae, assess oaaa, low, expenses, or
chargw If such payments ors made by CFS, Cuebrmw ohall promptly reimburse CFS, upon demand, for at such psymens made plus adminiabaton see ad costs, if any. Customer aoknowedpss gig where required by law, CFS will No any radices end
pay personal properly Wile Wiled an to Equipment. Customer sera teinbues CFS for to spathes of personal property lam as easrided and invoiced by CFS and pay CFS a processing be not to axoesd $60 per year per than of Egrpmmi which is
allied 10 such W. Cu omor &press thd CFS has not, and will not, render W advice to Customer and that to payment of such axes is an administrative act, ON THE DATE OF THE FIRST SCHEDULED PAYMENT AND THE DATE OF THE FIRST
SCHEDULED PAYMENT AFTER THE ADDITION OF ANY EQUIPMENT, CUSTOMER SHALL PAY TO CFS AN ADMINISTRATIVE FEE, N THE AMOUNT OF $50, TO REIMBURSE CFS FOR ITS ADMINISTRATIVE AND RECORDING COSTS.
13. INSURANCE: O d mer, d So sob cal and expense, shot obtain, maintain and pay for (a) i sancs age" the lose, dot, or damage to to Equipment for to full repldcame t value thereof, and (b) comprehensive public Iisbilly and property
damage inane. All such insurance shall provide for a dsdwUbe not moeding IISAM and be In lam end mount, and with companies agdoonry to CFS. Each insurer providing such insurance shelf name CFS as additional insured and boa paym
ad pepAds CF8 Wny OW days written notice before go policy in qusslim del be mo ereky Whoe i or canceled. Customer abai pay the prenians for such insurance, dell be rwponnDle for of dodo" pub" thereof, and shall deliver oertNc sse or
other evidence of insurance to CFS. The proceeds of such iaaaam, at on option d CFS, shelf be applied to (a) replace or repair the Equipme d. or (b) psy CFS the'Remdrirp Lease Bdaas.' Far purposes or Yea Agreement, he'Randni g Lease
Balance shelf be In an of:0) all Hants ten owed by Oudorw b CFS under lids Apreemnk @) the present value of all remaining Psymords for tie kit term of tie Agreement Ti) plus any appeal tam, experw, charges and fees. For
purposs s dddermtring proseen vain ceder tab Agreement, Payments shalt be discounted at 6% per yew. Qetonw hmsby eppons CFS n Custamer's dbmeyan-ad to melee don for. receive paymerd of, ad anoute and endorse d documents,
dodo, or drags for any loss or drape under my such ho rwae poky. I within an (10) dryers der CFS's request, Custam falls to ddwr satisfactory evidence of such insurance to CFS, then CFS dot haw the AOL bid not No duty, b obtain
Imes a with respect to the Egipnwa solbeday to CFS, at do expnc of tie Customer. Custom hereby press that CFS shelf be muted b retain my lass erred by M in oaeedion with any nsarae obtained under this Agreement. For all lap
sensitive Qelacr nor CFS her obtained such Insurance. Custanr shelf pay to CFS, upon demand, an wnaml equal to a%d the Payment for each btsp period.
U. LOSS DAMAGE: Custemmer as son s and and bear Is entire risk doss, them of or damage to she Equipment iom any cam whdsoevar, etedve upon deiwry to Customer. No such loss, tot or damage abet relieve Customer of any obligation
urdr the Agrowned In ire event ddamse to my item d Equpmnl Customer shot Immediddy repair such damage at Cudomees expense. tarry tan d Equpowal Is loot, dolan, or damped beyond repair, Cwlaner, at the opYon d CFS, will (a)
rplaoe On cam with Mo equipment Ina condition acceptable to CFS sad convey der like to such equipment to CFS (such equipment wit becorm'Egtiprnnt' subied to lie berm of MS Agreement), or (b) pay CFS the RmaMip Lease Balsa.
Upon CFS's mapW of to Rernairip lass Balsas, Customer shelf be ntltad to whatever Waved CFS may haw in such ton of Egdpmed. in is Item condi6oa and location, without wmantes of any kind.
16. DEFAULT: Any of to tMowbp evens or conditions shelf oasYhAe an Event d DdeA under Yip Agreement (a) If Customer details In to payment when due of any ndebeihsea of Cwbener to CFS, whether or not arising tan this Agreement,
wthal notice or tmand by CFS: (b) M Customer a any Guarantor oosse dokp business a a gip concern; (c) if Customer or ay Guarantor beans Insolvent or melon an awignmad for Iles bmetil of credilore; (d) if a petition or procedkp Is Mod
by or sand ruelomw or ay Guarada under any bankruptcy or insolvency caw; (a) I a wade, kudos, conservator, or liquidator Is appointed for Customer, ay Guarantor, or any d Cudomers properly; (q i any statement. represnaton or warranty
mote by Customer or any Guwwdor b CFS is barred in any malmal respect or (g) i Customer or any Guarantor defaults under any loan or credit agreement or (h) if Customer or any Guarantor who is a natural person dies.
16. REMEDIES: Upon In happening of any as or more Events of Ddat, CFS dull have to right b exerdss any one or all of to blowing remedies (which and be cumulative). simultaneously, or serially, and nay order: (a) to lode elf unpaid
Payniwib and dhr amends don ad pay" under this Agr&rwd nth CFS retaining be to tie Equipment (b) to l rminde my and of agroamda with Cusbrtw; (c) with or without rotim, demand or kpal proomse, to retake poesesdn of any or d of
Ye Equipment (and Customer suthariZK and wrpmers CFS to enter upon to p unke s w hemot the Equipment may be bud) ad (I) ratan such Equitation! not d Payments and other are paid under taa Agreement, (4) m4soc s to Ectupnwk end
recover tan Oalomer to mount by which to Raromonp Lease Balaaoims ds to value attributed b in Equipment by CFS for purposes of cdo idng the payments under the new agresnd, or (Nq ad Yon Equpmmu and recover tam Customer
to mont by which In Remaining Lease Balance exceeds to red amount wxsiwd by CFS born such ace; or (d) to pursue any other remedy peormod at taw or In equity. CFS (p may dispose of tie Eguiprwt in its ten present co dltm or btowirp
such pspadton rot prc000 , on CFS dean amnerdaly reasonabe; (1) dad have no duly to prepare or prooess the Equipment pea to We; (fit) may disclaim warranties of Cub, pasessbn, quid enjoyment and the lice; and (Iv) may comply with any
applicabledam or lo I W re*kwwas in atrvoction with a disposition of the Equipment and none of to foregoing actions shot be dawned to adversely ailed to cconmercial reawnabbma of ties disposition of the Equipment. In to evad the
EquipmM a col ovail" br as o, ire QWaer shot be lfable for Ye Rm+Wq Law Balsas ad ay otw amounts due uderthis Agreement lithe proceeds d the cab or reaosabp dthe Equipment as not sdicienl to pay to balmm of any
Paywaamb owed by Customer duet is 11en-0Umra apprpridbn plod, CFS may too any other remedy available at law or In equity to require Customer to pay such Payments and perform any ofMe other obligations under the Agresment.
17. LATE CHARGES; EXPE14B OF ENFORCEMENT. If Qelamer cis to pay any an to be paid by Customer to CFS under this AgrewnwY an or before the applicable due dale, Customer dad pay CFS, upon demand, an amount equal to Ian percent!
(p%)) loch such "eyed P&yrwt or tan ddkn ($10.00) wNdewr is greater for each Ming period or portion of a billing period such Payment is delayed to the extent permitted by caw. The err au ens peciied above shall be paid as liquidated
damapm and a compensation for CFS'* Internal aprainp exposes iraared in connection with such Ids paymed. In addition, Customer shelf reimburse CFS for all of its ouof-pocol code and expenses incurred in exorcising my of its rights or
renodise under pis Agreement or in nfords any of the gems or provisions of he Agrow ent ndud'ng, without limitation, reasonable atorney's fees and expenses and low and expenses of collection agencies, whether or not suit is brought. If CFS
should bring court aabm, Customer end CFS agree that albrmy'stw equal to twenty -live permed (25%) of the amount sought by CFS shall be demd reasonable for purposes of thus Agreement.
18. ASS041 TENT: CUSTOMER SHALL NOT ASSIGN OR PLEDGE THIS AGREEMENT N WHOLE OR N PART, NOR SHALL CUSTOMER SUBLET OR LEND ANY ITEM OF EQUIPMENT WITHOUT THE PRIOR WRITTEN CONSENT OF CFS. CFS
may pledge irmdw Ms Agnemnl Customer press that Il CFS Ir alere Cut Agreement, to now awe will have to wine right rid beraMs that CFS has now and will not have to perform ary of CFV& obligations. Customer agross that the rights
of l o now arw will not be affect to any dim, defenses, or Welts the Customer may have agalrW CFS, Including. without Irddon, claim, deaness, or aetoNs aei g at of service obipdbm, if my, udr this Agreenenl t (uudanr Is given
notion of any such bmasr, Caabnar prose, it so directed term, to py dndy to to new saw d or any pat of the amounts pay" horai der.
19. RETURN: Union Customer pudosss to Egulpmerd as prodded in this Agreement. Customer shot, at to termination of the Agreement ream to Equipment at Its sole cod and expense In good opwats condYion, ordinary wow wed bon moMkp
tan proper use excepted, b a locatan spedfad by CFS. If for any reamn Customer shd all to return the Eq*wt to CFS as provided in tails Agreanan by to IW day of Ito applicable Wm, Qudmw abd pay to CFS upon dawned one billing
pwW* Payse nt for a" being period or portico tarsal OW such delivery is delayed.
Ter. PURCHASE OPTION: (A) END OF TERM PURCHASE OPTION. Cuskertr abd give CFS eery (60) days, prior irrevocable wen ndloe that it will Purchase, all the Equipment at IM end of the Initial term or any renewal Imn for $1.00 plus any
ppioib Ives, sopwees, charges coot less. (B) PRIOR TO MATURITY PURCHASE. Cudarw may, at any Me, upon dxly (60) dsys Irrevocable Wien mtoe purchase, d Out not less than d) the Equipment at a price equal to the and All
errveining PWnmb plus ter Fair Make Value, pko any applicable Was. eepmess, charges and lose. For purpose of ins Agraenwd,'Falr Maki Valud shot be CFS's retail price at the times Customer node CFS of its nod b purdase Ye
Equ MmK but not ass tan 20%d ire loW and d the fiqulpnonl. Ew me t p xchaw and nd be esdabe toCuelomw N a (Maui hereunder hn acasrd and is conbrakp. Upon proper raw and payment by Customer of the amounts spedtied
Haw, CFS dud tower to Equipment to CLdcn sr'AS-IS WHERE•IS' withal my ropmenlaion or warrdy whalsoewr, ascpt for Me. end he Agreement shot twmims.
21. WARRANTY OF BUSINESS PURPOSE: Customer reprmeras and warWs thd to Equlpav nt will not be used for personal. amlly, or hotselaold I uposm
22. PERSONAL PROPERTY: The Equipment shot wean poreonal ppoy regardless of whether M becomes dkxed to real property a permanently rests upon any red properly or any i provawd to reel property.
23, RECHARACTERIZED AGREEMENT: No Payment is intended to exceed Ye madisan amouu of lime prim dillrraial or Merest, n applicable. pamoWd to be charged or ootsdd by apple" lows, and any such exow Pyrtwd will be applid to
peprwae due under kit Agreement, In inverse order ofmiriy, and teresaer alai be rekedd. 9 Mo Agreement ts redarmisead a & oonditaed sale or key Customer harsby grants to CFS, its successors and assign esaaky Merest In In
Equipmentbsoarspaymordmid pwkmw edCuuabmdsobigaibnudrthisApremrt.
24. UCC •ARTICLE 20L CUSTTOME IACNOWLEDGES AND AGREES THAT THIS A(mY EMW IS INTENDED AS A'F1NANCE LEASE" AS THAT TERM IS DEFINED N ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE (AS APPROVED BY
THE AMERICAN LAW INSTITUTE) AND THAT CFS IS ENTITLED TO ALL BENEFITS, PRIVILEGES, AND PROTECTIONS OF A LESSOR UNDER A FINANCE LEASE
25. WAIVER OF OFFSET. Thle Agreement Is a nd low. If to Eguiphw t Is not property Installed, does not operas a reprewdd or wmahled, or is uadtsadory for any team, Qudorm did mdo such dolm sddy apaind In supplier, dealer. or
mmulooYow. Custornr n any and d existing rd tukn din and atria agand any Psym girds a other charges due triter Yea Agreement, ad unoorditandy agrees b py such Paymada and oft dupes, regardless of ay o&d a calm
which may be awned by Ctadoner a m ib behaIl.
26. NOTICES: N adices magiad a pwmit ad under this Agreement shot be PAcW i daliverod personally, sent via acsinok. or meld b such party d to ddme e W forth in Yes Agreement, or at much other address; a such pry my dealgrW in
writing tam Men to lime. Any noYoe ice CFS to CWmw shot be a8satve has days der it has been deposited in On mad, duly addrwd. N notices to CFS ton Customer abd be dledve after M has been remived via U.S. Md. all divvy, or
bairns media.
27. AUTHORITY AND AUTHHOREATION: Customer reprewds ad acre tad (a) Ou*mr Is a Cub or a peMcai subdivision or prey of a sake; (b) that ordain Into and pw mhwm of In Agreement Is ad harked under C udmmses dds Won ad
Constitution col dossed v(deb a acntadd my Mu pvK caw, order, a regulation, or cuss any ddaut under my agreement low" Customer Is pm*. and (c) Qudanw ha ocnpied with ay Mdditp mq whwds rot, Wwo reowry, her
propry pew I lids Aponwd br sppmvai rot adpbm m o rid du elm m Oudwoeo pwL Upm m*", Cusiorw cress b provide CFS with n pwm d om" n b dsuw (a) Yrmph (c) above, n io rhmay ow dmb, and olm
doamrds that CFS may reghwL Ydth d such documents bap in a brm setldeday to CFS.
28. FACSIMILE ACCEPTANCE Qalonw agrees thd CFS may aoospl a ecairab copy of the Agrearent or any Acceptance Certificates n an aigkal, and that bairns copies of Wdmw%signature will be traded a an willing and will be &didesMk
m evidaas d toe Apsawt a mY otw dwxmt ddvwd by barrio.
29. NON -WAIVER: No waiver of any of GWarnr's obligations, conditions or cownards shot be eteotiw wises contained In a writing aipned by CFS. Failure to exerdm sty surely wish CFS may have, cat not o ndWde a waiver of my obligation with
respond to which Cutalamr Is In dofat
30. MISCElANEOUS: N ken should be more than are pry wail Ilan Agreement n Customer, all obligdora to be pert, - by Ouslmor Hai be to ON and mural liability of all such pentad. The Oudomoes rapesmidons, wwwrom and
aovsnmb wdw Me Apened shall sulwhe Yw ddvey and mnm d tie Equpnwd. ivy provision des Agresrrort which maybe cideemied by oo plod aalanty, lobe pmhbibd or nnbraabb In ay j<aeidim id, as b rah juiediciimy be
ndadw to to adrt of such pd"m or u itoosobii(y without nvaiNdp to nmainip provision of tea Agrwnwhl. No such prohibition or uenbraabiMy In any judoddic n shelf nvddda or radar uradrrceabe such W*vWm in my dw
Mfiedickm
31. GDVERNMENT USE Customer agrees VW (a) Oahlonw will comply with d lido melon upakrp requirements of the sternal Rwmm Code of 1966, se amended, Including but not MoIMd to to mom" and delivery to CFS dMmnatlan m&poo
dabrardsnomb l by CFS. (b) Customer will end do, mice b be der, or Id b do ay W parch ad will ore to Interest portion of Il s Pytmnts to be or to beams subod to Federal inoam botdon, end (o) go tun dlhs Cyupnent is s aadMl
fa adaltdt proper, allo' I mil - , ' apasl n OAllo lw wM be ga only milly b um the Egdprwd &I N fe tam dt1tM AWso ml and Ojdmw wit hp tte EWIpirwd sty for Qdmw s jawrimental purposes. I* mWed, CMebrrw
apnea b pmvib CFS A m tamW like Misr In a toms aaWaday b CFS n b dams (c) tboya
32. GOVMW LAW; VEIM WAIVER OF AIRY TRIAL: THIS AGREEMENT HAS BEEN EXECUTED BY CFS IN, AND SHALL FOR ALL PURPOSES BE DEMED A CONTRACT ENTERED INTO IN, THE STATE OF NEW JERSEY. THE R04TS
OF THE PARnm UNOE2 THIS AGREEMENT SWILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY WITHOUT REFERENCE TO CONFLICT OF LAW PRINCIPLES. ANY ACTION BETWEEN CUSTOMER AND CFS SHALL BE
BROUGHT N A STATE COURT LOCATED N THE COUNTY OF BUSLNGTON, NEW JERSEY, OR A FEDERAL COURT LOCATED IN THE COUNTY OF CAMDEN, NEW JERSEY, PROVIDED THAT CFS, AT ITS SOLE OPTION, MAY BRIN3 ANY
SUCH ACTION N A COURT N THE STATE WHERE THE CUSTOMER OR THE EQUIPMENT IS LOCATED. CUSTOMER BY ITS EXECUTION AND DELNERY HEREOF, IRREVOCABLY WANES OBJECTIONS TO THE JURISDICTION OF SUCH
COURTS AND OBJECTIONS TO VENUE AND CONVENIENCE OF FORl1M. CUSTOMER, BY ITS EXECUTION AND DELIVERY HEREOFAND CFS BY ITS ACCEPTANCE HEREOF, HEREBY WMVES ANY RIGHT TO A AM TRW N ANY SUCHI W
CFS•100 (04ig laal:
tv�era�1 u 9
C0\�Ov Cokskv— -• e
'FLOOR PLAN FOR CITY HALL
CITY OF LA QUINTA
P.O. Box 1504
78-495 Calle Tampico
to Quinta, CA 92253-1504
o Fes'- 5 T
C�.vv�,��.
ATTACHMENT 1
�.r.o Po5Q0
ceitivl 4 aCPQimrw
COUNCIL/RDA MEETING DATE: July 1, 2003
ITEM TITLE: Adoption of a Resolution Granting
Conditional Approval of a Final Map and Subdivision
Improvement Agreement for Parcel No. 30903,
Washington Park, Washington 1 1 1, Ltd.
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: / A
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council granting conditional approval of a Final Map and
Subdivision Improvement Agreements (SIA) (Attachments 1 and 2) for Parcel No.
30903, Washington Park, Washington 1 1 1, Ltd.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Parcel No. 30903 consists of a 50.24 acre commercial development which borders
Highway 1 1 1, Adams Street, Avenue 47, Washington Street and Simon Drive. This
development will accommodate 21 structures intended for various retail stores to
include Target (Attachment 3).
The developer has requested that the City Council conditionally approve the Final Map
which will allow 30 days for completion of its processing. To date, the developer has
executed two SIA's: one for on -site improvements and the other for off -site
improvements. However, the associated securities have not been received. It is
expected that the associated securities and a technically correct map with all
signatures will be in place within the time allowed for its conditional approval.
As a result, City staff has prepared the attached Resolution which provides for
conditional approval of the Final Map and SIA. The approval is contingent upon
receipt, within 30 days (August 1, 2003) of a technically correct Final Map, suitable
for recording by the County Recorder, with all required signatures (except for the City
Clerk), SIA and associated securities.
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.
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 two Subdivision Improvement Agreements for Parcel No. 30903
Washington Park, Washington 1 1 1, Ltd.; or
2. Do not adopt a Resolution of the City Council granting conditional approval of a
Final Map and two Subdivision Improvement Agreements for Parcel No. 30903
Washington Park, Washington 1 1 1, Ltd.; or
3. Provide staff with alternative direction.
Respectfully submitted,
l
4m'e!iothyssonE.
Public Works irecto ity Engineer
Approved for submission by:
T omas P. Genovese, City Manager
Attachments: 1 . On Site Improvements SIA
2. Off -Site Improvements SIA
3. Vicinity Map
2
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP
APPROVAL OF PARCEL NO. 30903 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, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
Section 1. The final map for Parcel Map 30903 is conditionally
approval provided the subdivider submits all required items on or before
August 1, 2003.
r)4
3
Resolution No. 2003-
Conditional Final Map Approval - Parcel No. 30903
Adopted: July 1, 2003
Page 2
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 to the tentative map, the Subdivision Map Act and all ordinances
of the City.
Section 3. The City Engineer shall withhold his signature from the map
until the subdivider has completed the following requirements to the City
Engineer's satisfaction.
A. Post appropriate securities in accordance with the approved
Subdivision Improvement Agreement.
B. Finalize the Final Parcel Map and obtain all necessary signatures.
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 August 1, 2003. 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 1st day of July, 2003, by the following vote
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
�4
0
Resolution No. 2003-
Conditional Final Map Approval — Parcel No. 30903
Adopted: July 1, 2003
Page 3
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, CMC, CITY CLERK
City of La Quinta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
5
ATTACHMENT 1
CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
PARCEL MAP NO. 30903
ON SITE IMPROVEMENTS
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this
day of 20 , by
and between Washington 111, Ltd, hereinafter referred to� as "Subdivider," and the City of La Quinta, a municipal
corporation of the State of California, hereinafter referred to as "City."
RECITALS:
A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La
Quinta, County of Riverside, which unit of land is known as Parcel Map No. 30903 ("Tract") pursuant to the provisions
of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act").
B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private
improvements (the "Improvements").
C. The Improvements have not been installed and accepted at this time.
D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the
Improvements as provided in Section 66462 of the Subdivision Map Act.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish
original improvement plans meeting the requirements of the City Engineer.
2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and
other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit
"A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of
construction shall be as approved by the City Engineer.
Improvement Security.
A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security,"
shall assure the faithful performance of this Agreement including construction of the Improvements, payment of
Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory
Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider,
hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials
supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to
as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following
the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior
to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after
Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of
performance security. Warranty security shall not be required for Monumentation or Participatory Improvements.
However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with
the Subdivision Map Act.
As part of the obligation secured by each of the performance security, payment security and warranty
security, and in addition to the face amount of each such security, each such security shall include and assure the
payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligations thereby secured.
B. Improvement security shall conform with Section 66499 of the California Government Code and one or
more of the following:
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option.
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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 orwaiverof 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 3.13., 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).
3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. ? 3
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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.
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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.
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
r)
,) 1)
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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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
CITY:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
760/777-7075
Thomas P. Genovese, City Manager
Date
ATTEST:
City Clerk
Date
SUBDIVIDER:
Washington 111, Ltd
c/o Jack Oldham, Operating
Partner
13692 Elmer Circle
Santa Ana, CA 92705
(949)877-2667
By:
Date
Title:
By:
Date
Title:
By:
Date
Title:
Reviewed and Approved:
Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Date
Approved as to Form: .
City Attorney Date
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THIS PAGE TO BE FINALIZED BEFORE JULY 1, 2003 CITY COUNCIL MEETING.
EXHIBIT VALID ONLY IF INITIALED BY SIGNATURE.
Exhibit A
SECURITY — PARCEL MAP NO. 30903
ON SITE IMPROVEMENTS
Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior
to agendization of the Map for approval by the City Council.
Improvements designated as "Participatory" have been or will be constructed by others" Security for Participatory
Improvements shall remain in place indefinitely until called upon or released by City.
Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as
specified in Chapter 4, Article 9 of the Subdivision Map Act.
As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance
security" Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and
shall not reduce total performance security below the amount necessary to complete the Improvements plus ten
percent (10%) 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
Grading
Drainage Improvements
Street Improvements
Sidewalk
Domestic Water
Sanitary Sewer
Dry Utilities (Electric)
Subtotal of Improvements
Professional Fees (25% for Design)
For Incomplete Plans
Professional Fees (10% for Construction)
Subtotal of Improvements with applicable
Contingencies
Standard Contingency (10%)
Grand Total (Bond Amount)
Performance Labor & Materials
THIS PAGE TO BE FINALIZED BEFORE JULY 1, 2003 CITY COUNCIL MEETING.
EXHIBIT VALID ONLY IF INITIALED BY SIGNATURE.
12
ATTACHMENT 2
CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
PARCEL MAP NO. 30903
OFF -SITE IMPROVEMENTS
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this
day of 120 , by
and between Washington I I I Ltd, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal
corporation of the State of California, hereinafter referred to as "City."
RECITALS:
A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La
Quinta, County of Riverside, which unit of land is known as Parcel Map No. 30903 (the "Tract") pursuant to the
provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act").
B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private
improvements (the "Improvements").
C. The Improvements have not been installed and accepted at this time.
D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the
Improvements as provided in Section 66462 of the Subdivision Map Act.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish
original improvement plans meeting the requirements of the City Engineer.
2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and
other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit
"A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of
construction shall be as approved by the City Engineer.
3. Improvement Security.
A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security,"
shall assure the faithful performance of this Agreement including construction of the Improvements, payment of
Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory
Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider,
hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials
supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to
as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following
the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior
to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after
Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of
performance security. Warranty security shall not be required for Monumentation or Participatory Improvements.
However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with
the Subdivision Map Act.
As part of the obligation secured by each of the performance security, payment security and warranty
security, and in addition to the face amount of each such security, each such security shall include and assure the
payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligations thereby secured.
B. Improvement security shall conform with Section 66499 of the California Government Code and one or
more of the following:
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 10
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2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code,
issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version).
3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation
by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability
rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office).
4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of
Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit,
guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the
depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant
to the letters of credit will be paid upon the written demand of City and that such written demand need not present
documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit
shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall
state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration
or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of
credit.
5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require
the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for
which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of
the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or
that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or
in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of
the property shall be established at Subdivider's expense through an appraisal approved by City.
6) An instrument of credit from an agency of the state, federal or local government, when any agency
of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the
Improvements.
7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind
approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the
California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company.
C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the
performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the
Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly
authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount
of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security.
Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth
in Exhibit A.
D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form
of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map)
rather than to individual security instruments. The fees shall be paid separately for each different form and/or source
(surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for
submittal of warranty security if the warranty security is of the same form and from the same source as the
performance security it replaces. Administrative fees for security shall be as follows:
1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of
SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the
administrative fee shall be One Hundred Fifty Dollars ($150.00).
2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which Citywill 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).
0�r
3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. I- J ,I
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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.
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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.
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, araglJ f,
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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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
CITY: City of La Quinta
Thomas P. Genovese, City Manager
ATTEST:
City Clerk
SUBDIVIDER:
By:
Title:
By:
Title:
Reviewed and Approved:
78495 Calle Tampico
La Quinta, CA 92253
760/777-7075
Date
Washington 111, Ltd
c/o Jack Oldham, Operating Partner
13692 Elmer Circle
Santa Ana, CA 92705
(949)877-2667
Timothy R. Jonasson, P.E.
Public Works Director/City Engineer Date
Approved as to Form:
City Attorney Date
Date
Date
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THIS PAGE TO BE FINALIZED BEFORE JULY 1, 2003 CITY COUNCIL MEETING.
EXHIBIT VALID ONLY IF INITIALED BY SIGNATURE.
Exhibit A
SECURITY — PARCEL MAP NO. 30903
OFF -SITE IMPROVEMENTS
Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior
to agendization of the Map for approval by the City Council.
Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory
Improvements shall remain in place indefinitely until called upon or released by City.
Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as
specified in Chapter 4, Article 9 of the Subdivision Map Act.
As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance
security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and
shall not reduce total performance security below the amount necessary to complete the Improvements plus ten
percent (10%) 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
Drainage Improvements
Street Improvements
Sidewalk
Domestic Water
Sanitary Sewer
Underground overhead utilities
(Electric, Telephone, Television Cable)
Perimeter Landscaping
Perimeter Wall
Traffic Control
Subtotal of Improvements
Professional Fees (25% for Design)
For Incomplete Plans
Professional Fees (10% for Construction)
Subtotal of Improvements with applicable
Contingencies
Standard Contingency (10%)
Grand Total (Bond Amount)
Performance Labor & Materials
THIS PAGE TO BE FINALIZED BEFORE JULY 1, 2003 CITY COUNCIL MEETING.
EXHIBIT VALID ONLY IF INITIALED BY SIGNATURE.
19
ATTACHMENT 3
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AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: July 1, 2003 /
BUSINESS SESSION:
ITEM TITLE: Consideration of a Resolution Approving
the Preliminary Engineer's Report for Landscape and
Lighting Assessment District No. 89-1, Fiscal Year
2003/2004, and a Resolution Declaring Intent to Levy
Annual Assessments for Landscape and Lighting
Assessment District No. 89-1, and Giving Notice
Thereof
RECOMMENDATION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council approving the Preliminary Engineer's Report for
Landscape and Lighting Assessment District 89-1, Fiscal Year 2003/2004; and
Adopt a Resolution of the City Council declaring intention to levy annual assessments
for maintenance and servicing landscape and lighting improvements within the
boundaries of the territory included in the Citywide Landscape and Lighting
Assessment District 89-1, and giving notice thereof.
FISCAL IMPLICATIONS:
Adoption of the Resolutions is required in order to levy the annual assessment for the
Landscape and Lighting District. The estimated total assessment for Fiscal Year
2003/2004 is $808,859.13.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
In 1989, the City Council formed a Citywide Landscape and Lighting Assessment
District to fund costs associated with the maintenance, construction and servicing of
City parks, landscape areas, street lights and traffic signals. Pursuant to the
Landscape and Lighting Act of 1972, the City must annually perform a series of
activities associated with the Assessment District, as outlined in Attachment 1.
S:\CityMgr\STAFF REPORTS ONLY\BS1.doc
An Annual Engineer's Report is required by the Landscape and Lighting Act of 1972
and must include the following information:
1. A description of the services to be provided throughout the District.
2. Total costs necessary to provide all services described in the Engineer's Report.
3. A diagram showing the boundaries of the District, including special benefit zones.
4. An assessment schedule.
The May 2002 Preliminary Engineer's Report, prepared by City staff and Munifinancial
with parcel reconciliation support by MuniFinancial, provides the required information
for Landscape and Lighting District 89-1 for Fiscal Year 2003/2004.
The Preliminary Engineer's Report projects the following for Fiscal Year 2003/2004 in
comparison to the Fiscal Year 2002/2003 Engineer's Report:
FY 2002/2003 FY 2003/2004
Citywide Benefit Zone Yes Yes
Number of Local Benefit Zones 6 6
Number of Equivalent Dwelling Units (EDU's) 22,330 22,721
EDU Rate $35.60/EDU $35.60/EDU
District Revenue $794,923.24 $808,859.13
These calculations will be finalized for the Final Engineer's Report in order to provide
the most accurate assessment possible. The methodology has remained the same
under the provisions of Proposition 218.
At this time, the estimated Fiscal Year 2003/2004 Landscape and Lighting
Assessment District exempt cost is $1,102,939, of which $1,099,218 is for Citywide
Benefit Zone expenses and $3,721 is for the North La Quinta sub -zone expenses. This
methodology was originally directed by the City Council during the preparation and
completion of the 1995/1996 Engineer's Report. The City Council directed this in
order to keep all assessments equal throughout the City of La Quinta under one
citywide assessment district, as opposed to separate assessment district zones. This
direction has been followed through all subsequent Engineer's Reports to date.
Based on the Engineer's Estimate of $1,102,939, the citywide benefit assessment
would be $48.54/EDU. The current assessment is $35.60. Proposition 218 does not
allow for assessment increases unless approved in a public vote. City staff will
monitor the progress of existing and future legislation clarifications and/or litigation to
determine if a different methodology may be utilized in the subsequent fiscal years.
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To proceed with the District, the City Council is required to approve the preliminary
Engineer's Report and schedule a Public Meeting and Public Hearing date to allow
affected property owners an opportunity to provide public testimony regarding the
proposed changes. Approval of the Preliminary Engineer's Report does not obligate the
City to the fees proposed. Only after the Public Meeting and Public Hearing have been
conducted, can the City Council adopt assessment fees for Fiscal Year 2003/2004.
The Public Meeting and Public Hearing are scheduled for the July 22, 2003 City
Council Meeting. Upon conclusion of the Public Hearing, the City Council may approve
the assessment levels based upon testimony received at the Public Meeting and
Hearing.
The Landscape and Lighting Act of 1972 allows the option of noticing the Public
Meeting/Hearings for citywide districts through the newspaper or by individual notices.
The estimated cost to provide 16,178 individual notices is approximately $5,000. For
the Fiscal Year 2002/2003, the City Council opted to notice the Public Meeting and
Hearing in the newspaper, thus avoiding the $5,000 in estimated costs. The cost to
notice in the newspaper is approximately $250. Attachment 2 is the proposed notice.
To proceed with the recommended changes proposed in the preliminary Engineer's
Report for Landscape and Lighting Assessment District No. 89-1, the City Council
must:
• Adopt a resolution approving the Preliminary Engineer's Report for
Landscape and Lighting Assessment District 89-1, Fiscal Year
2003/2004; and
• Adopt a resolution declaring intention to levy annual assessments for
construction, maintenance and servicing landscape and lighting
improvements within the boundaries of the territory included in the
Citywide Landscape and Lighting Assessment District 89-1, and giving
notice thereof.
A Public Meeting and Hearing will be scheduled to allow public testimony before the
City Council. The Public Meeting and Hearing dates will be noticed through the
newspaper unless otherwise directed by the City Council. Upon conclusion of the
Public Hearing, the City Council may adjust the assessment levels as necessary and
adopt a resolution confirming the assessment diagram and assessment level.
264
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FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Adopt a Resolution of the City Council approving the Preliminary Engineer's
Report for Landscape and Lighting Assessment District 89-1, Fiscal Year
2003/2004; and
Adopt a Resolution of the City Council declaring intention to levy annual
assessments for maintenance and servicing landscape and lighting
improvements within the boundaries of the territory included in the Citywide
Landscape and Lighting Assessment District 89-1, and giving notice thereof; or
2. Reject the Preliminary Engineer's Report and provide direction of further angles.
The Preliminary Engineer's Report would then be revised based upon direction
provided by the City Council and returned for further consideration; or
3. Provide staff with alternative direction.
Respectfully submitted,
imothy R. assvP.E.
Public Works DirectCity Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1 . Annual Activities
2. Notice of Public Meeting
3. Preliminary Engineer's Report
S:\CityMgr\STAFF REPORTS ONLY\BS1.doc 4
.r
,,. k) J
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING THE REPORT OF
THE ENGINEER FOR FISCAL YEAR 2003/2004 IN
CONNECTION WITH LA QUINTA LANDSCAPE AND
LIGHTING ASSESSMENT DISTRICT 89-1
WHEREAS, the City Council of the City of La Quinta, pursuant to the
provisions of Part 2 of Division 15 of the California Streets and Highways
Code, did on June 17, 2003, order the City Engineer, Timothy R. Jonasson,
P.E., to prepare and file a report in accordance with Article 4 of Chapter 1
and Part 2, Division 15 of the California Streets and Highways Code,
commencing with Section 22565, for the Fiscal Year commencing July 1,
2003 and ending June 30, 2004 in connection with La Quinta Landscape
and Lighting Assessment District 89-1; and
WHEREAS, the City Engineer has prepared and filed with the City
Clerk of the City of La Quinta and the City Clerk has presented the City
Council such report entitled "La Quinta Landscape and Lighting Assessment
District 89-1, Preliminary Engineer's Report" (the "Report"); and
WHEREAS, the City Council has carefully examined and reviewed such
Report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
Section 1. The Report, as filed, is hereby approved.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta City Council held on this 1 st day of July, 2003, by the following vote
to wit:
AYES:
NOES:
ABSENT:
0
P1
Resolution No. 2003-
Landscape and Lighting District No. 89-1
Adopted: July 1, 2003
Page 2
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, CMC, CITY CLERK
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
C
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, DECLARING
ITS INTENTION TO LEVY THE ANNUAL
ASSESSMENTS FOR CONSTRUCTION,
MAINTENANCE AND SERVICING LANDSCAPING
AND LIGHTING IMPROVEMENTS WITHIN THE
BOUNDARIES OF THE TERRITORY INCLUDED IN
THE CITYWIDE LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT 89-1 AND TO LEVY AND
COLLECT ASSESSMENTS PURSUANT TO THE
LANDSCAPE AND LIGHTING ACT OF 1972 AND
GIVING NOTICE THEREOF
WHEREAS, the City Council by its Resolution No. 89-9 initiated
proceeding pursuant to provisions of the Landscape and Lighting Act of
1972, being Part 2 of Division 15 of the California Streets and Highways
Code, commencing with Section 22500 (hereinafter referred to as "the
Act"), for the formation of a Landscape and Lighting Assessment District
designated "La Quinta Landscape and Lighting Assessment District No. 89-
1," shall include all of the territory located within the boundaries of the City;
and
WHEREAS, the City Council desires to levy and collect assessments
within proposed La Quinta Landscape and Lighting Assessment District No.
89-1 for the Fiscal Year commencing July 1, 2003 and ending June 30,
2004 to pay the costs and expenses of constructing, operating, maintaining,
and servicing landscaping, lighting and appurtenant facilities located within
public places in the City; and
WHEREAS, the Engineer selected by the City Council has prepared and
filed with the City Clerk of the City of La Quinta and the City Clerk has
presented to the City Council a report in connection with the proposed La
Quinta Landscape and Lighting Assessment District No. 89-1 and the City
Council did by previous Resolution approve such report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
4w
Fl
Resolution No. 2003-
Landscape and Lighting Assessment District No. 89-1
Adopted: July 1, 2003
Page 2
Section 1. The City Council of the City of La Quinta (hereinafter
referred to as the "City Council") has previously formed Landscape and
Lighting District No. 89-1 pursuant to the provisions of the Landscaping and
Lighting Act of 1972, being Part 2 of Division 15 of the California Streets
and Highways Code, commencing with Section 225500 (hereinafter referred
to as "the Act").
Section 2. The City Council hereby finds: 1) that the maintenance and
operation of projects identified in the Preliminary Engineer's report for this
District No. 89-1 consisting solely of exempt items of sidewalks, streets,
sewers, water, flood control, and/or drainage pursuant to Article 13D
Section 5(a) of the California Constitution; 2) that the public interest requires
the maintenance of the improvements; and 3) declares its intention to levy
and collect assessments for the Fiscal Year commencing July 1, 2003 and
ending June 30, 2004 to pay for the costs and expenses of the
improvements described in Section 4 hereof.
Section 3. The territory included within the boundaries of the
Assessment District includes all of the land included within the boundaries of
the City.
Section 4. Reference is hereby made to the report of the Engineer on
file with the City Clerk of the City of La Quinta for a full and fair description
of the improvements, the boundaries of the Assessment District and any
zones therein and the proposed assessments upon assessable lots and
parcels of land within the Assessment District.
Section 5. Notice is hereby given that the 22nd of July, 2003, 7:00
p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta,
California, 92253, is the time and place fixed for a public meeting by the
City Council to allow public testimony regarding the proposed increased
assessment.
Section 6. Notice is hereby given that the 22nd day of July, 2003,
7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta,
California, 92253, is the time and place fixed for a Public Hearing by the City
Council on the question of the levy of the proposed assessment for
Assessment District 89-1. Any interested person may file a written protest
with the City Clerk prior to the conclusion of the hearing, or, withdrawal of
the protest. A written protest shall state all grounds of objections and a
protest by a property owner shall contain a description sufficient to identify
the property owned by such property owner. At the hearing, all interested
persons shall be afforded the opportunity to hear and be heard.
i-
0
Resolution No. 2003-
Landscape and Lighting Assessment District No. 89-1
Adopted: July 1, 2003
Page 3
Section 7. The City Clerk is hereby authorized and directed to give
notice of such hearings as provided in the Act.
Section 8. The City Council hereby designates the Desert Sun as the
newspaper in which notice of the Public Hearing shall be published.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta City Council held on this 15` day of July, 2003, by the following vote
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, CMC, CITY CLERK
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
P7
ATTACHMENT 1
ANNUAL ACTIVITIES
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT
Adopt the following resolutions:
1. Directing preparation of the annual Engineer's Report (completed June
17, 2003)
2. Approving Preliminary Engineer's Report (July 1, 2003)
3. Intention to levy annual assessment and notice of Public
Meeting/Hearing (July 1, 2003)
4. Conduct a Public Meeting to allow testimony regarding the proposed
assessments prior to Public Hearing (July 22, 2003)
5. Conduct a Public Hearing to allow written protests of the proposed
assessment to be considered by the City Council prior to adoption of
the final assessments (July 22, 2003)
i]
ATTACHMENT 2
NOTICE OF PUBLIC MEETING AND HEARING BY THE CITY OF LA QUINTA
LA QUINTA CITY COUNCIL CHAMBERS
78-495 CALLE TAMPICO
PUBLIC MEETING: July 22, 2002 TIME: 7:00 p.m.
PUBLIC HEARING: July 22, 2002 TIME: 7:00 p.m.
TO CONSIDER: The Fiscal Year 2003/2004 Annual Assessment for the City of La
Quinta Landscape and Lighting District.
Maintenance of landscape improvements in roadways and drainage facilities is a
very important service in our community. Landscaping, if well maintained, provides
beautification and enhancement to the surroundings, along with a positive effect on
property values. Adequate street lighting and traffic signals are considered
imperative for their contribution to public convenience and safety.
At the Public Meeting, City staff will present the proposed assessment levy and will
accept questions thereon. At the Public Hearing, the City Council will hear
comments in support and protests against the annual levy prior to acting on the
levy of assessments for Fiscal Year 2003/2004. Any property owner may mail a
protest against the assessment to the City of La Quinta, P.O. Box 1504, 78-495
Calle Tampico, La Quinta, CA 92253, Attention: Timothy R. Jonasson, P.E., Public
Works Director/City Engineer, Subject: Landscaping and Lighting District 89-1 .
The City of La Quinta Landscaping and Lighting District is divided into zones based
on the level of benefit. Citywide Benefits enhance the value of all properties within
the District, and include the maintenance of medians, traffic signals and safety
lighting in areas zoned commercial, on major thoroughfares, including all roadways
that may be four lanes and greater, retention basins, bike trails and sidewalks. The
costs of the City to administer these facilities are also considered a citywide
benefit.
Local Benefits include the operation, servicing and maintenance of the facilities
serving only properties within localized areas, including maintenance of medians,
back up landscaping, traffic signals and safety lighting on localized streets, which
include all roadways that are two lanes. The facilities proposed to be maintained
include local landscaping at La Quinta Highlands, Rancho Ocotillo, Cactus Flower,
Acacia Homes, La Quinta del Oro and Topaz. The costs of the City to administer
these facilities are also considered a local benefit.
The assessment rates for Fiscal Year 2003/2004 are based upon Equivalent
Dwelling Units (EDU's). The subdivided single family residential lots less than one
acre in size has been selected as the basic unit for calculation of the benefit
assessments.
All single family residential parcels less than one acre in size are assigned 1.00
EDU. In determining the EDU's for improved nonresidential properties and
residential properties larger than one acre, parcels are assigned 5.00 EDU per acre,
based on the average number of typical single family residential lots per acre.
Rural/Estate Residential is defined as "underdeveloped residential." This describes
land zoned as residential which is greater than 1 acre in size, but has one
residential unit. The first acre will be considered as one equivalent dwelling unit
with a rate applied of 0.33 EDU's for each acre or portion thereof above and
beyond the initial acre.
Golf courses are assessed at the rate of 10% of developed nonresidential
properties, or 0.50 EDU per acre with a minimum of 1.00 EDU per parcel.
Properties with agricultural classifications are assessed at the rate of 5% of
developed nonresidential properties or 0.25 EDU per acre with a minimum of 1.00
EDU per parcel. Parcels of land located in areas zoned Hillside Conservation will be
assessed on the basis of allowable development, or 0.10 EDU per acre.
Vacant property is assessed at the rate of 33% of developed property. Vacant
residential parcels (single family residential parcels less than one acre in size which
do not have structures on them) are assigned 0.33 EDU per parcel. Vacant
nonresidential parcels (parcels which are not single family residential parcels, and
which do not have structures on them) are assessed based on their parcei size.
Vacant nonresidential parcels in Annexation Area No. 9 will be assessed at a rate
of 50% of those parcels located outside Annexation Area No. 9.
The following table shows the maximum annual assessment rate per EDU for each
zone for Fiscal Year 2003/2004.
Citywide $35.60/EDU
The total proposed assessment for Fiscal Year 2003/2004 is $808,859.13
The following table shows the maximum annual assessment rate per EDU for each
zone for Fiscal Year 2003/2004 (as approved by the City Council last year):
Citywide
$35.60/EDU
North La Quinta (Includes Citywide
Assessment)
La Quinta Highlands
$35.60
Rancho Ocotillo
$35.60
Cactus Flower
$35.60
Acacia Homes
$35.60
La Quinta del Oro
$35.60 12
Topaz
$35.60
The annual assessments generated
Landscaping and lighting District
servicing, maintenance, and opera
facilities within the City of La (
Proposition 218 voted in by the C
election.
by the existing 1972 Act City of La Quinta
will fund the cost of providing installation,
:ion of landscaping, lighting and appurtenant
luinta that are exempt under provisions of
alifornia residents during the November 1996
FOR ADDITIONAL INFORMATION, CONTACT MR. TIMOTHY R. JONASSON, P.E.,
PUBLIC WORKS DIRECTOR/CITY ENGINEER AT (760) 777-7042.
13
ATTACHMENT 3
CITY OF LA QUINTA
ENGINEER'S ANNUAL LEVY
STREET LIGHTING AND LANDSCAPE
DISTRICT NO.89-1
FISCAL YEAR 2003/2004
INTENT MEETING: July 1, 2003
PUBLIC HEARING: July 22, 2003
Corporate Office
27368 Via Industria
Suite 110
Temecula, CA 92590
Tel: (909) 587-3500
Tel: (800) 755-NIUNI (6864)
Fax: (909) 587-3510
Regional Offices
Antelope Valley, CA Orange County, CA
Jacksonville, FL Phoenix, AZ
Los Angeles, CA San Diego, CA
Oakland, CA Sacramento, CA
Seattle, WA
www.muni.com
14
ENGINEER'S REPORT AFFIDAVIT
Establishment of Annual Assessments for the:
City of La Quinta
Street Lighting and Landscape District No. 89-1
Riverside County, State of California
This Report and the enclosed diagrams show the exterior boundaries of the District as they existed at
the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside
County Assessor's maps for a detailed description of the lines and dimensions of parcels within the
District. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this
MuniFinancial
day of , 2003.
Assessment Engineer
On Behalf of the City of La Quinta
LO-A
Scott Dippolito, Project Manager
District Administration Services
By:
Richard Kopecky
R. C. E. # 16742
15
ENGINEER'S REPORT
CITY OF LA QUINTA
STREET LIGHTING AND LANDSCAPE DISTRICT NO.89-1
I HEREBY CERTIFY that the enclosed Engineer's report, together with Assessment Roll thereto
attached was filed with me on the day of , 2003.
BY: June S. Greek, City Clerk
City of La Quinta
Riverside County, California
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto
attached, was approved and confirmed by the City Council of the City of La Quinta, California, on
the day of , 2003.
BY: June S. Greek, City Clerk
City of La Quinta
Riverside County, California
I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor of the
County of Riverside, on the day of )2003.
BY: June S. Greek, City Clerk
City of La Quinta
Riverside County, California
16
TABLE OF CONTENTS
EXECUTIVESUMMARY.............................................................................................................I
A. Introduction........................................................................................................ I
B. Overview............................................................................................................1
PLANSAND SPECIFICATIONS..................................................................................................3
A. Description of Improvements and Services.......................................................3
B. Diagram of the District.......................................................................................3
METHODOF APPORTIONMENT................................................................................................4
A. General...............................................................................................................4
B. Assessment Methodology..................................................................................5
C. Benefit Analysis.................................................................................................6
DISTRICTBUDGET....................................................................................................................11
A. 2003/2004 District Budget...............................................................................11
B. Benefit Rate Summary .....................................................................................12
APPENDIXA — District Diagrams...............................................................................................14
APPENDIXB — Assessment Roll.................................................................................................15
APPENDIX C — Property Owners List..........................................................................................16
� !s
`Wl
Engineer's Annual Levy Report
City of La Quinta
Street Lighting and Landscaping District
No. 89-1
EXECUTIVE SUMMARY
A. Introduction
The purpose of this Engineer's Annual Levy Report ("Report") is to set forth the engineering analysis
and findings for the renewal of annual assessments in City of La Quinta ("City") Street Lighting and
Landscape Maintenance District No. 89-1("District") for Fiscal Year ("FY") 2003/2004, in
compliance with the requirements of Chapter 3, of the Landscaping and Lighting Act of 1972 (" 1972
Act") which is Part 2, Division 15 of the California Streets and Highways Code. This District was
formed to supplement certain City revenues and help finance the costs of providing street lighting,
landscape maintenance, and other work to the parcels within the boundaries of the Benefit Zones.
In January 1989, the District was formed after a public hearing and protest ballot process in
accordance with Article XIIID of the California Constitution ("Article XIIID"), enacted with the
passage of Proposition 218 in November 1996. This District was formed pursuant to the 1972 Act,
which permits the establishment of assessment districts by cities for the purpose ofproviding for the
maintenance of certain public improvements, which include the facilities existing within the District,
as those improvements provide a special benefit to parcels.
The City Council reviews the current and projected years costs for the construction, operation,
maintenance, and servicing of the District facilities and sets the assessment for the ensuing fiscal
year, which runs between July 1 and June 30.
This Report is prepared for the levy and collection of annual assessments for the Zones for FY
2003/2004 and is submitted to the Clerk of the City for filing in the office of the City Clerk where it
shall remain open for public inspection.
B. Overview
The servicing and maintenance of landscape medians within the City is a special benefit that
provides safety, beautification and the enhanced desirability of the surrounding properties. Likewise,
adequate street lighting and traffic signal servicing and maintenance are considered imperative for
the public safety and convenience, and provide special benefit to surrounding property by
contributing to protection of property, safe access to streets and the reduction of traffic accidents
within the City. The desirability of property within the City is enhanced when public infrastructure
such as street lights, traffic signals and landscaping medians are constructed or improved and
maintained in an operable, safe and clean condition. Such improvements provide special benefit to
properties within the City.
The assessments shall be levied upon each parcel within the boundaries of a specific Zone of the
District and the assessments shall be proportional to the special benefit received from improvement
maintenance. For each Zone, a benefit assessment rate per Equivalent Dwelling Unit was established
at the time of formation/annexation based upon estimated and/or actual operations and maintenance
costs for the year. This established the maximum approved benefit assessment rate ("Max Rate") for
the Zone. Each subsequent year's maximum assessment rate may be increased by compliance with
the noticing and protest balloting requirements and other applicable provisions of Article XIIID.
18
MuniFinancial Page 1
Engineer's Annual Levy Report
City of La Quinta
Street Lighting and Landscaping District
No. 89-1
This Report does not propose an increase in the Zone assessment rates for FY 2003/2004 over or
above the Max Rate established for each Zone. The proposed rate per Equivalent Dwelling Unit for
FY 2003/2004 is the same rate assessed for FY 2002/2003.
Following the approval of this Report, the City Council will be asked to adopt a Resolution of
Intention, which will set the date, time and place for a Public Hearing to provide an opportunity for
any interested person to register a protest to the assessments as proposed by this Report.
At the conclusion of that Public Hearing, the City Council may approve the assessments as proposed,
or may lower.Council will then adopt a resolution confirming the assessments and directing that they
be placed on the County Tax Rolls for collection during FY 2003/2004.
ti,so
MuniFinancial
19
Page 2
Engineer's Annual Levy Report
City of La Quinta
Street Lighting and Landscaping District
No. 89-1
PLANS AND SPECIFICATIONS
A. Description of Improvements
The District improvements are the operation, servicing and maintenance of landscaping, lighting and
appurtenant facilities, including but not limited to: personnel, electrical energy, utilities such as
water, materials, contracting services, and other items necessary for the satisfactory operation of
these services described as follows:
Landscaping and Appurtenant Facilities
Landscaping facilities include but are not limited to: Landscaping, planting, shrubbery, trees,
irrigation systems, hardscapes, fixtures, sidewalk maintenance and appurtenant facilities,
located within the public street rights -of -way, parkways, medians, trails, and dedicated street,
drainage or sidewalk easements the boundary of said Assessment District.
Lighting and Appurtenant Facilities
Street lighting facilities include but are not limited to: Poles, fixtures, bulbs, conduits,
equipment including guys, anchors, posts and pedestals, metering devices, controllers and
appurtenant facilities as required to provide safety lighting and traffic signals within public
street rights -of -way and easements within the boundaries of said Assessment District.
"Maintenance" is defined as the furnishing of services and materials for the operation and usual
maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant
facilities, including repair, removal or replacement of all or part of any of the landscaping, public
lighting facilities, or appurtenant facilities; providing for the life, growth, health and beauty of the
landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease
or injury; and the removal of trimmings, rubbish, debris and other solid waste.
"Servicing" is defined as the furnishing of water for the irrigation of the landscaping and the
maintenance of any of the public lighting facilities or appurtenant facilities and the furnishing of
electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the
lighting or operation of landscaping or appurtenant facilities.
The plans and specifications for the improvements are on file in the office of the City Engineer and
are by reference herein made a part of this report.
B. Diagram of the District
The boundaries of the District are coterminous with the boundaries of the City of La Quinta. The
Diagram of the District showing the exterior boundaries, along with the boundaries of any Zones
within the District has been submitted to the City Clerk at the City of La Quinta.
f) S 4
,t
MuniFinancial
20
Page 3
Engineer's Annual Levy Report
City of La Quinta
Street Lighting and Landscaping District
No. 89-1
METHOD OF APPORTIONMENT OF ASSESSMENT
A. General
Part 2 of Division 15 of the 1972 Act, permits the establishment of assessment districts by cities for
the purpose of providing certain public improvements which include operation, maintenance,
rehabilitation and servicing of street lights, parks and landscaping.
The 1972 Act requires that maintenance assessments be levied according to benefit rather than
according to assessed value. Section 22573 provides that:
The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount
among all assessable lots or parcels in proportion to the estimated benefits to be
received by each such lot or parcel from the improvements.
The 1972 Act permits the designation of zones of benefit within any individual assessment district if
"by reasons or variations in the nature, location, and extent of the improvements, the various areas
will receive different degrees of benefit from the improvement" (Sec. 22547). Thus, the 1972 Act
requires the levy of a true "assessment" rather than a "special tax."
In addition, Article XIIID requires that a parcel's assessment may not exceed the reasonable cost of
the proportional special benefit conferred on that parcel. Article XIIID provides that only special
benefits are assessable and the City must separate the general benefits from the special benefits.
Equivalent Dwelling Units
Continuing the basic criteria set during the formation of the District, the single-family residential
("SFR") parcel has been selected as the basic unit for calculation of relative benefit. The single-
family residential parcel is defined as receiving special benefit of one (1) Equivalent Dwelling Unit
("EDU"). The EDU method is seen as the most appropriate and equitable for landscape and lighting
districts, as the benefit to each parcel from the improvements are apportioned as a function of land -
use.
Method for Other Land Uses
While the SFR has been selected as the basic unit for calculation of relative benefit in the District,
other land uses may be annexed into the District in this or future years. During the formation of the
District, a methodology was developed to calculate the EDU's for other residential and non-
residential land use parcels, which is outlined below for reference. Every land use is assigned EDU's
based on the assessment formula approved for the District. Land Use parcels that are determined to
receive greater benefit than the SFR parcel are assigned more than 1 EDU and parcels that are
determined to receive lesser benefit than a SFR parcels are assigned less than 1 EDU as reflected in
the Assessment Methodology.
MuniFinancial
21
Page 4
Engineer's Annual Levy Report
City of La Quinta
Street Lighting and Landscaping District
No. 89-1
B. Assessment Methodology
• Single Family Residential. The City of La Quinta General Plan allows up to one acre of area
for subdivided residential lots. The subdivided single family lot equal to or less than one acre in
size is the basic unit for calculation of the benefit assessments. All parcels less than one acre in
size zoned for single-family residential uses are assessed one (1) EDU.
• Non -Residential. The factor used for converting nonresidential is based on the average number
of typical single-family residential lots of five per acre. Therefore, non-residential parcels will
be assessed five EDU's per acre with a minimum number per parcel of one (1) EDU.
• Vacant Residential. Parcels defined as single family residential parcels less than one acre and
having no structure will be assessed 33 percent of a single-family dwelling, or 0.33 EDU per
parcel.
• Vacant Non -Residential. Parcels not considered single family residential parcels less than one
acre, and having no structure will be assessed based on acreage. The average development in La
Quinta typically occurs in increments of 20 acres or less. The first 20 acres of a Vacant Non -
Residential parcel will be assessed at a rate of 33 percent of developed nonresidential properties,
or 1.65 EDU per acre or any portion of an acre. The minimum number of EDU's per parcel is
one (1) EDU. Any parcel of land greater than 20 acres is considered open space and exempt
from assessment until such time as parcel subdivision or development occurs.
• Golf Courses. Properties identified as golf courses will be assessed a rate of 10 percent of the
developed nonresidential properties, or 0.50 EDU per acre or any portion of an acre. The
minimum number per parcel is one (1) EDU.
• Agricultural. Properties identified as agricultural will be assessed a rate of 5 percent of
developed nonresidential properties, or 0.25 EDU per acre or any portion of an acre. The
minimum number per parcel is one EDU.
• Hillside Conservation. Parcels located in areas zoned Hillside Conservation per the City of La
Quinta Official Zoning Map will be assessed on the basis of allowable development within the
Hillside Conservation Zone. The parcel will be assessed as one dwelling unit per ten acres or
0.10 EDU per acre or any portion of an acre.
• Vacant and Remote Non -Residential Parcels (Annexation No. 9). Parcels not considered
single family residential parcels less than one acre and do not contain structures, will be assessed
based on acreage. The City defines Vacant and Remote Non -Residential as parcels physically
separated from City services and not readily able to develop due to difficult access and utility
limitations. The land values are typically one half the value of other Vacant Non -Residential
parcels because of the high cost of constructing appropriate access and utility infrastructures
necessary. The Vacant and Remote Non -Residential parcels are assessed a rate of 0.825 EDU's
per acre or portion thereof, for the first 20 acres, with a minimum of one (1) EDU per parcel.
.)
• Rural/Estate Residential. Parcels of one acre or more in size, but having only one residential
22
MuniFinancial Page 5
Engineer's Annual Levy Report
City of La Quinta
Street Lighting and Landscaping District
No. 89-1
unit are identified as Rural/Estate Residential. These parcels will be assessed a rate of one (1)
EDU for the first acre and 0.33 EDU's for each additional acre or portion of an acre
• Exempt Property. All publicly owned property and utility rights -of -way are exempt from
assessment, as well as parcels of land shown on the County Assessor's records as Vacant Desert
Land, Vacant Mountain Land, Agricultural Preserve and Public Utility owned land.
The following is a table reflecting the EDU's assigned by Land Use:
Land Use
EDU Factor
0.
Exempt Parcels
0.0
1.
Single Family Residential Parcels
1.0
per unit
2.
Non -Residential Parcels
5.0
per acre; 1 .0 minimum
3.
Vacant Residential Parcels
0.33
per unit
4.
Vacant Non -Residential Parcels
1.65
per acre for first 20 acres only
5.
Golf Course Parcels
0.50
per acre; 1 .0 minimum
6.
Agricultural Parcels
0.25
per acre; 1 .0 minimum
7.
Hillside Conservative Zone Parcels
0.10
per acre
8.
Vacant & Remote Parcels
0.825
per acre for first 20 acres only
9.
Rural/Estate Residential
1.0 + 0.33
per acre in excess 1 acre
C. Benefit Analysis
Benefit Zones
There is two benefit zones within the City: the Mutual Special Benefit Zone and Local Benefit
Zone.
Mutual Special Benefit Zone: Articles XIII C and XIII D of the California Constitution define
special benefit as "a particular and distinct benefit over and above the general benefits conferred on
real property located in the district or to the public at large". General enhancement ofproperty values
does not constitute `special benefit'. Benefits received by all parcels in the City are considered to be
Mutual Special Benefits.
Mutual Special Benefits provided to all properties within the District include maintenance of
medians, traffic signals and safety lighting in areas zoned commercial on major thoroughfares. To
include all roadways four lanes and greater, such as major arterials, primary arterials and secondary
arterials as defined in the Circulation Element of the City of La Quinta General Plan, mutual special
uses (including flood control facilities, retention basins and bike trails) and those having special
facilities or uses. The Administrative costs to the City are also considered a Mutual Special Benefit.
23 ~ �
MuniFinancial Page 6
Engineer's Annual Levy Report
City of La Quinta
Street Lighting and Landscaping District
No. 89-1
Local Benefit Zones: There are varying levels of benefit to property from the operation and
maintenance of street lighting, and street landscaping. Benefits specific to those parcels in the
immediate area are considered local benefits and the associated costs of these benefits are spread
equally over the local area, based on the Equivalent Dwelling Units.
Local Benefits include the operation, servicing and maintenance of the facilities serving only
properties within localized areas, including maintenance of medians, backup landscaping, traffic
signals and safety lighting on localized streets. Localized streets include all roadways that are two
lanes, such as collector and local streets as defined in the Circulation Element of the City of La
Quinta General Plan. The facilities proposed to be maintained include local landscaping at La
Quinta Highlands, Rancho Ocotillo, Cactus Flower, Acacia Homes, La Quinta del Oro and Topaz.
The Administrative costs to the City are also considered a Local Benefit.
Benefit Zone Facilities
The location of the facilities to be included in the Mutual Special Benefit Zone are shown in Exhibit
2. The location of the facilities to be included in the Local Benefit Zones designated as the North La
Quinta Zone with sub -zones are shown in Exhibit 3.
24
MuniFinancial Page 7
Engineer's Annual Levy Report
City of La Quinta
Street Lighting and Landscaping District
No. 89-1
Exhibit 2
Mutual Special Benefit Zone
No.
Subdivision Facility, or Street Intersections
Type of Facility
Type of Street
1
Acacia Homes (Miles Ave.)
Back-up
Primary Arterial
3
Acacia Homes (Tierra del Sol)
Retention Basin
Residential
5 & 6
Avenue 48 (Washington St. - Jefferson St.)
Median
Primary Arterial
7 & 8
Avenue 50 (Eisenhower Dr. - Park Ave.)
Median
Primary Arterial
10
Avenue 52 (Jefferson St. — Ave. Bermudas)
Median
Major Arterial
12
Avenue 54 (Jefferson St. - Madison St.)
Median
Primary Arterial
13
Bear Creek Bike Path
Bike Trail
Residential
14
Bermudas Triangles
Median
Secondary Arterial
15
Cactus Flower (Dune Palms Rd.)
Back-up
Secondary Arterial
16
Cactus Flower (Fred Waring Dr.)
Back-up
Major Arterial
18
Cactus Flower
Retention Basin
#1
Residential
19
Cactus Flower
Retention Basin
#2
Residential
20
Cactus Flower
Retention Basin
#3
Residential
21
Cactus Flower
Retention Basin
#4
Residential
85
Calle Estado
Median
Residential
23
Del Rey LQ Norte (Miles Ave./Adams St.)
Parkway
Primary Arterial &
24&26
Eisenhower Dr. (Calle Tampico - top of Cove)
Median
Primary Arterial
27
Eisenhower Dr./Calle Tampico Green Belt
Bike Trail
Primary Arterial
31
Highway I I I (Adams St. - Plaza LQ)
Median
Major Arterial
32
Inco Homes (Miles Ave.)
Back-up
Primary Arterial
34
Jefferson St. (Highway 111 - Westward Ho)
Median
Major Arterial
35
Jefferson St. (Ave. 50 — Ave. 52)
Median
Major Arterial
37
LQ Del Oro (Washington St.)
Back-up
Major Arterial
39
LQ Highlands (Adams St.)
Back-up
Secondary Arterial
40
LQ Highlands (Fred Waring Dr.)
Back-up
Primary Arterial
42
LQ Highlands (Adams St./La Palma)
Retention Basin
Residential
46
Ave. La Fonda (Paloma) East
Median
Collector/Local
48
Madison St. (Ave. 54 - Airport Blvd.)
Median
Major Arterial
53
Paloma Islands
Median
Residential
54
Quinterra (Perimeter & Retention Basins)
Retention Basin
Residential
55
Rancho Ocotillo (Adams St.)
Back-up
Secondary Arterial
56
Rancho Ocotillo (Fred Waring Dr.)
Back-up
Major Arterial
58
Rancho Ocotillo
Retention Basin
#I
Residential
59
Rancho Ocotillo
Retention Basin
#2
Residential
60
Seasons
Retention Basin
Residential
62
Calle Tampico (Eisenhower Dr. - Washington St.)
Median
Primary Arterial
63
Calle Tampico Frontage
Back-up
Primary Arterial
64
Topaz (Dune Palms Rd.)
Back-up
Secondary Arterial
66
Topaz (Miles Ave.)
Back-up
Primary Arterial
67
Topaz (Miles Ave.)
Retention Basin
Primary Arterial
68
Washington St. (Highway I I I — Ave. 48)
Median
Major Arterial
MuniFinancial
25
Page 8
4.
Engineer's Annual Levy Report
City of La Quinta
Street Lighting and Landscaping District
No. 89-1
69
Washington St. (Ave. 50 — Ave. 52)
Median
Major Arterial
70-72
Washington St. (Highway 111 - North Limit)
Median
Major Arterial
74
Ave. 47/Adams St.
Parkway
Secondary Arterial
75
Topaz Perimeter (Miles S/O Bridgette)
Parkway
Primary Arterial
76
Del Rey
Retention Basin
Residential
78
Auto Mall Drive
Median
Collector
79
Calle Rondo Channel
Retention Basin
Residential
81
Washington St. Bridge East Wall
Median
Major Arterial
82
Sinaloa (Desert Club — Eisenhower Dr.)
Median
Primary Arterial
84
Marbella Perimeter
Parkway
Residential
85
Calle Estado (La Fonda/Montezuma/Navarro)
Medians
Residential
86
Adams (Ave. 47 - Ave. 48)
Median
Secondary Arterial
89'
Nuestra
Parkway
Residential
90
Avenue 52
Median
Primary Arterial
93
Sienna Del Ray
Parkway
Secondary Arterial
26
MuniFinancial Page 9
Engineer's Annual Levy Report
City of La Quinta
Street Lighting and Landscaping District
No. 89-1
Exhibit 3
Local Benefit Zone
North La Quinta Zone
Facility
Number
Facility Locations
35
Jefferson Center Median Ave. 50 - 52
37
LQ Del Oro (Washington Street
38
LQ Del Oro Entrance Median
39
LQ Highlands Adams Street
40
LQ Highlands @Fred Waring Drive
41
ILQ Highlands Entrance Median
►�
MuniFinancial
27
Page 10
Engineer's Annual Levy Report
City of La Quinta
Street Lighting and Landscaping District
No. 89-1
DISTRICT BUDGET
For the purpose of estimating costs for the maintenance and servicing, actual costs are used where
possible. However, where the improvements are new, or where actual maintenance experience is
lacking, cost estimates will be used to determine costs. The Budget of estimated cost of operation,
servicing, and maintenance for Fiscal Year 2003/2004 is summarized below.
The 1972 Act requires that a special fund be established and maintained for the revenues and
expenditures of the District. Funds raised by assessment shall be used only for the purposes as stated
herein. A contribution to the District by the City may be made to reduce assessments, as the City
Council deems appropriate. Any balance remaining on June 30, the end of the Fiscal Year, must be
carried over to the next fiscal year.
A. 2003/2004 Budget
MUTUAL SPECIAL BENEFIT ZONE
PROPOSED FY 03/04 BUDGET
Personnel
$123,450
Contract Services
$1,181,100
Rental Service
$1,000
Vehicle Operations
$50,023
Utilities
$477,319
Travel Training & Meetings
$950
Information Technology
$1,466
Operating Supplies
$95,800
Operating Supplies — Software
$0
Small Tools/Equipment
$500
TOTAL DIRECT COSTS
$1,931,608
DISTRICT ADMINISTRATION
Public Works Administration (.25)
$14,337
Citywide Administration
$28,465
Total District Administration
$42,802
TOTAL MUTUAL SPECIAL BENEFIT ZONE
$1,974,410
LOCAL BENEFIT ZONE
PROPOSED FY 03/04 BUDGET
Contract Services
La Quinta Highlands
$1,697
Rancho Ocotillo
$246
Cactus Flower
$182
Acacia Homes
$227
La Quinta del Oro
$1,248
Topaz
$121
TOTAL LOCAL BENEFIT ZONE
$3,721
28
MuniFinancial Page 11
Engineer's Annual Levy Report
City of La Quinta
Street Lighting and Landscaping District
No. 89-1
B. Benefit Rate Summary
The following information was obtained from the Riverside County Assessor's Tax Roll, Assessor's
Parcel Maps, and the City of La Quinta Planning Department. The land use categories were
developed to classify the different land use types in the City.
Land Use
Parcels
Estimated Acres
EDU's
2003/2004 Lev
0. Exempt Parcels
1,484.00
8,800.79
0.00
0.0
1. Single Family Residential Parcels
13,720.00
735.28
13,720.00
488,432.00
2. Non -Residential Parcels
163.00
456.07
2,316.00
82,449.60
3. Vacant Residential Parcels
3,379.00
425.23
1,115.07
39,696.49
4. Vacant Non -Residential Parcels
411.00
3,420.14
3,801.97
135,350.29
5. Golf Course Parcels
198.00
1,632.11
920.33
32,763.15
6. Agricultural Parcels
26.00
723.72
180.93
6,441.11
7. Hillside Conservative Zone Parcels
17.00
838.38
84.30
3,000.82
8. Vacant & Remote Parcels
41.00
644.13
430.22
15,315.87
9. Rural/Estate Residential
56.00
346.79
151.96
5,409.80
TOTAL
19,495.00
18,022.64
22,720.78
808,859.13
The distribution of EDUs per Zone is as follows:
EDU's
Mutual Special Benefit Zone
22,720.78
North La Quinta Sub -Zones
La Quinta Highlands
245.31
Rancho Ocotillo
109.95
Cactus Flower
200.33
Acacia Homes
191.63
La Quinta del Oro
96.52
Topaz
208.43
Subtotal North La Quinta Sub -Zones
1,052.17
7
The base assessment rate as approved and noticed for Fiscal Year 2003/2004 is $35.60. �-
29
MuniFinancial Page 12
Engineer's Annual Levy Report
City of La Quinta
Street Lighting and Landscaping District
No. 89-1
As has occurred in the past years, the City Council has supported the local special benefits through
the General Fund, so that the assessment would remain constant throughout the City. These are the
additional benefits received by La Quinta Highlands, Rancho Ocotillo, Cactus Flower, Acacia
Homes, La Quinta Del Oro, and Topaz. This amounts to an annual cost of $3,721.
Although Proposition 218 allows an increase in Revenue, the assessment per Equivalent Dwelling
Unit (EDU) may not increase without a vote of the parcel owner. In accordance with Proposition
218, the Citywide Assessment may not increase without a vote; therefore, the assessment is proposed
to remain at $35.60 per EDU. This equates to total projected revenue of $808,859.13. The
remaining $1,165,550.87 is proposed to be funded through the General Fund.
09, 4.
MuniFinancial
30
Page 13
Engineer's Annual Levy Report
City of La Quinta
Street Lighting and Landscaping District
No. 89-1
APPENDIX A
District Assessment Diagrams
The Boundary Maps for the District have previously been submitted to the City Clerk in the format
required under the Act and are, by reference, made part of this Report.
MuniFinancial
31
Page 14
Engineer's Annual Levy Report
City of La Quinta
Street Lighting and Landscaping District
No. 89-1
APPENDIX B
2003/2004 Collection Roll
The proposed assessment and the amount of assessment for Fiscal Year 2003/04 apportioned to each
lot or parcel, as shown on the latest roll at the Assessor's Office, as shown on the Assessme it Roll
are on file in the office of the City Clerk of the City of La Quinta. The description of each lot or
parcel is part of the records of the Assessor of the Riverside County and these records are, by
reference, made part of this Report.
0 ,93
MuniFinancial
32
Page 15
Engineer's Annual Levy Report
City of La Quinta
Street Lighting and Landscaping District
No. 89-1
APPENDIX C
Property Owner List
The Property Tax Roll of the Assessor of the County of Riverside contains a list of names and
addresses of the owners of all parcels within this District. The Assessor's Parcel Numbers as shown
on the Assessment Roll are on file in the office of the City Clerk of the City of La Quinta.
ti 9 -;
33
MuniFinancial Page 16
Sep Qa&traj
OF T1
COUNCIL/RDA MEETING DATE: July 1, 2003 AGENDA CATEGORY:
BUSINESS SESSION: o�
ITEM TITLE:
CONSENT CALENDAR:
Consideration of the Selection of a Voting Delegate
and an Alternate to the League of California Cities STUDY SESSION:
Annual Business Meeting - September 7, through
PUBLIC xEARING:
September 10, 2003
RECOMMENDATION:
Approve the selection of a voting delegate and an alternate for the League of California
Cities Annual Business Meeting.
FISCAL IMPLICATIONS:
The Fiscal Year 2003/2004 Preliminary Budget line item 101-101-637-000 contains
$5,500 for this event.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Each year, prior to the League of California Cities Annual Conference, the member
cities are asked to designate a voting representative and an alternate. The voting
delegate or alternate will attend the business meeting where the membership takes
action on various resolutions.
Staff is not aware which of the Council Members are planning to attend the Annual
Conference in Sacramento, California - September 7 through September 10, 2003
(Attachment 1). It is important to note that the deadline for providing the League with
this information is August 8, 2003.
� ( r-
,. �.)
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the selection of a voting delegate and an alternate for the League of
California Cities Annual Business Meeting; or
2. Do not approve the selection of a voting delegate and an alternate for the
League of California Cities Annual Business Meeting; or
3. Provide staff with alternative direction.
Respectfully submitted,
Ju6a,tr4ek, City Clerk
for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Memorandum from John Russo, League President
2. Annual Conference Voting Procedures
2
Better Cities —A Better Life
June 20, 2003
To:
From:
Re:
LedqWolTdTiforRid Cities
www.cacities.org
The Honorable Mayor and City Council
John Russo, League President, City Attorney, Oakland
Designation of Voting Delegate for 2003 League Annual Conference
The League's 2003 Annual Conference is scheduled for Sunday, September 7 through
Wednesday, September 10. in Sacramento. One very important aspect of the annual
conference is the annual business meeting where the membership takes action on conference
resolutions. Annual conference resolutions guide cities and the League in our efforts to
improve the quality, responsiveness and vitality of local government in California. It is
important that all cities be represented at the Annual Business Meeting on Wednesday,
September 10, at 10:00 a.m. at the Sacramento Convention Center.
To expedite the conduct of business at this important policy -making meeting, each city council
should designate a voting representative and an alternate who will be registered at the
conference and present at the Annual Business Meeting. A voting card will be given to the city
official that is designated and indicated on the enclosed "Voting Delegate Form."
Please complete and return the enclosed form to the League's Sacramento office at the earliest
possible time (not later than Friday, August 8, 2003), so that proper records may be
established for the conference.
The city's designated voting delegate may pick up the city's voting card at the Voting Card desk
located in the League registration area. The Desk will be open on September 7, 8, 9 and 10.
Voting cards should be picked up before the Annual Business Meeting on September 10.
The voting procedures to be followed at this conference are printed on the reverse side of this
memo.
Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated.
If you have any questions, please call Lorraine Okabe at (916) 658-8236.
Headquarters
1400 K Street
Sacramento, CA 95814
916.658.8200
FAX 916.658.8240
Southern California Office
602 East Huntington Dr., Suite C
Monrovia, CA 91016
626.305.1315
FAX 626.305 1345
3
ATTACHMENT2 2
League of California Cities
Annual Conference Voting Procedures
1. Each member city has a right to cast one vote on matters pertaining to
League policy.
2. To cast the city's vote, a city official must have in his or her possession
the city's voting card and be registered with the Credentials Committee.
3. Prior to the Annual Conference, each city should designate a voting
delegate and an alternate and return the Voting Delegate Form to the
League Credentials Committee.
4. The voting delegate, or alternate, may pick up the city's voting card at
the voting card desk in the conference registration area.
5. Free exchange of the voting card between the voting delegate and
alternate is permitted.
6. If neither the voting delegate nor alternate is able to attend the Business
Meeting, the voting delegate or alternate may pass the voting card to
another official from the same city by appearing in person before a
representative of the Credentials Committee to make the exchange.
Prior to the Business Meeting, exchanges may be made at the "Voting
Card" table in the League Registration Area. At the Business Meeting,
exchanges may be made at the "Voting Card" table in the front of the
meeting room. Exchanges may not be made while a roll call vote is in
progress because the Credentials Committee will be conducting the roll
call.
7. Qualification of an initiative resolution is judged in part by the validity of
signatures. Only the signatures of city officials who are authorized to
use the city's voting card, and who have left a sample of their signature
on file for the Credentials Committee, will be approved.
8. In case of dispute, the Credentials Committee will determine the right of
a city official to vote at the Business Meeting.
G:\po1icy%=s\voteproW3.doc 9 8
4
�, � tlGll�ttGt/
OF t
AGENDA CATEGORY:
ITEM TITLE: Consideration of an Ordinance Amending BUSINESS SESSION:
La Quinta City Charter and Municipal Code, Chapter
2.04, City Council (Compensation and Reimbursement) CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Approve an ordinance amending Chapter 2.04, City Council, of the La Quinta City
Charter and Municipal Code to increase the monthly compensation of the Mayor and
City Council by $150.00.
FISCAL IMPLICATIONS:
This will increase the Mayors and City Council's monthly compensation by
$150.00. The action will result in a cost of $10,900.00 for Fiscal Year 2003/04 of
which $9,000 is salaries and $1,900 is fringe benefits.
CITY CHARTER IMPLICATIONS:
The subject of City Council compensation is considered a "municipal affair" over which
the City Council has authority. While there are certain regulations in the Government
Code relating to city council compensation, they are inapplicable to charter cities since
the issue is a "municipal affair."
BACKGROUND AND OVERVIEW:
Pursuant to Section 2.04.050 of the Municipal Code, the Mayor and the City Council
will receive an increase in monthly compensation of One Hundred Fifty Dollars
($150.00). Adoption of the proposed Ordinance would increase the monthly
compensation to a total of $650 for the City Council and $1,350 for the Mayor.
Attached for your information (Attachment 1) is a redline copy of Chapter 2.04, City
Council, of the La Quinta City Charter and Municipal Code.
ti99
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve an ordinance amending Chapter 2.04, City Council, of the La Quinta
City Charter and Municipal Code to increase the monthly compensation of the
Mayor and City Council by $150.00; or
2. Do not approve an ordinance amending Chapter 2.04, City Council, of the La
Quinta Charter and Municipal Code to increase the monthly compensation of the
Mayor and City Council by $150.00; or
3. Provide staff with alternative direction.
Respectfully submitted,
?EL-7
n Ruiz, a sonn / isk Manager
Approved for submission by:
2,0 1,
Thomas P. Genovese, City Manager
Attachments: 1. Redline copy of Chapter 2.04, City Council,
La Quinta City Charter and Municipal Code
K
31 ()
RED -LINED COPY OF CHAPTER 2.04.50,
LA QUINTA CITY CHARTER AND MUNICIPAL CODE
2.04.050 Compensation and reimbursement.
Compensation shall be paid to each member of the city council in the amount of
five hu^dsix hundred fifty dollars per month. The mayor shall receive
additional compensation in the amount of seven hundred dollars per month. The
compensation prescribed herein is and shall be exclusive of any amounts payable
to each member of the council as reimbursement for actual and necessary
expenses incurred by him or her in the performance of official duties for the city.
In recognition that on a daily basis members of the council are incurring expenses
for automobile use, phone use and other costs in performing these official
functions, an amount equal to three hundred fifty dollars per month shall be
deemed equivalent to the actual and necessary use reimbursement for the mayor
and the council members representing regular expenses incurred in the Coachella
Valley. Further, in the event a council member or the mayor wishes to utilize a
personal mobile phone rather than a city -issued mobile phone, an additional
reimbursement amount of twenty-five dollars shall be added to the monthly
reimbursement amounts set forth herein. In the event that official duties require
travel outside the Coachella Valley or overnight, said costs shall be reimbursed
according to the city's adopted policy for such expenditures. The reimbursement
amounts herein shall be effective from July 1, 1999. (Ord. 335 § 2, 2000: Ord.
322 § 2, 1998: Ord. 231 § 1, 1993: Ord. 100 § 1, 1986: Ord. 83 § 1, 1985:
Ord. 36 § 1, 1983: Ord. 11 § 1, 1982: Ord. 2 § 1 (part), 1982)
3
L.1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF LA QUINTA,
AMENDING THE LA QUINTA CHARTER AND
MUNICIPAL CODE AMENDING CHAPTER 2.04 (CITY
COUNCIL)
WHEREAS, Section 2.04.050 of Chapter 2.04 of the La Quinta Municipal
Code (the "Code") concerns the City of La Quinta's (the "City") City Council; and
WHEREAS, the City Council wishes to increase the City Council's
monthly compensation by $150.00; and
WHEREAS, the City believes that these changes are in the best interest of
the citizens of the City of La Quinta.
The City Council of the City of La Quinta, California, DOES HEREBY FIND AND
ORDAIN as follows:
SECTION 1. AMEND CHAPTER 2.04 CITY COUNCIL OF THE CODE AS
FOLLOWS:
2.04.050 Compensation and reimbursement.
Compensation shall be paid to each member of the city council in the amount of
six hundred fifty dollars per month. The mayor shall receive additional
compensation in the amount of seven hundred dollars per month. The
compensation prescribed herein is and shall be exclusive of any amounts payable
to each member of the council as reimbursement for actual and necessary
expenses incurred by him or her in the performance of official duties for the city.
In recognition that on a daily basis members of the council are incurring expenses
for automobile use, phone use and other costs in performing these official
functions, an amount equal to three hundred fifty dollars per month shall be
deemed equivalent to the actual and necessary use reimbursement for the mayor
and the council members representing regular expenses incurred in the Coachella
Valley. Further, in the event a council member or the mayor wishes to utilize a
personal mobile phone rather than a city -issued mobile phone, an additional
reimbursement amount of twenty-five dollars shall be added to the monthly
reimbursement amounts set forth herein. In the event that official duties require
travel outside the Coachella Valley or overnight, said costs shall be reimbursed
4
Ordinance No.
Municipal Code Chapter 2.04
City Council Compensation & Reimbursement
Adopted: July 1, 2003
Page 2
according to the city's adopted policy for such expenditures. The reimbursement
amounts herein shall be effective from July 1, 2003.
Section 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty (30) days after adoption.
Section 3. POSTING: The City Clerk shall cause this Ordinance to be posted
in at least three public places designated by resolution of the City Council, shall certify
to the adoption and posting of this Ordinance, and shall cause this Ordinance and its
certification, together with proof of posting to be entered into the BOOK of
ORDINANCES of the City of La Quinta.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 1st day of July, 2003, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, CMC, City Clerk
City of La Quinta, California
303
5
Ordinance No.
Municipal Code Chapter 2.04
City Council Compensation & Reimbursement
Adopted: July 1, 2003
Page 3
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
�': t
� 4
OFT
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: July 1, 2003
BUSINESS SESSION:
ITEM TITLE: Discussion of the Washington Street
Sound Attenuation Study CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
As deemed appropriate by the City Council.
FISCAL IMPLICATIONS:
None for this action.
Sound walls are constructed using Transportation Developer Impact Fees (DIF) once
there is a need, as identified by a sound study, and there is enough DIF collected to
construct the wall. In addition to competing with other sound wall projects,
Transportation DIF funds are also used to make improvements to arterial streets,
construct raised medians and landscaping, install signals and build bridges. Sometimes
grants can be secured to construct these improvements; otherwise, the City' s general
fund must be used.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On September 17, 2002, the City Council authorized staff to distribute a Request
for Proposal (RFP) to prepare an acoustical analysis of the Washington Street
Corridor and appointed a Consultant Selection Committee. On October 30, 2002,
the City received proposals from five (5) firms interested in preparing the acoustical
analysis. The Consultant Selection Committee met on November 21, 2002 and
unanimously recommended Alliance Acoustical Consultants, Inc. (AAC) be awarded
a PSA in the amount of $30,200.00.
r
S:\CityMgr\STAFF REPORTS ONLY\7-1-03\S1.doc
On January 21, 2003, the City Council approved a Professional Services Agreement
(PSA) in the amount of $30,200.00 with Alliance Acoustical Consultants, Inc. to
prepare an acoustical analysis of Washington Street.
The purpose of preparing the acoustical analysis was to investigate the need for
additional sound attenuation walls, and/or other noise mitigating measures, along
Washington Street adjacent to the Villas of La Quinta and Laguna de la Paz
residential developments, and to verify the effectiveness of the sound wall
constructed at Montero Estates.
The Washington Street Sound Attenuation Study is attached (Attachment 1) for
your consideration. The following represents a summary of the study's findings and
conclusions.
Montero Estates Verification Survey
The results of the Montero Estates Verification Survey show that the new
soundwalls are performing as anticipated.
Laguna de La Paz
The majority of first row residences that border Washington Street currently
experience traffic noise levels that are within the City' s exterior noise guideline of 65
dBA. However, there are a few residences near Eisenhower Drive that experience
existing traffic noise levels above 65 dBA. Currently there is an existing 5-1/2 foot
high block wall located on the residential property line that protects the rear and side
yards of the residences in this development.
For the majority of the first row residences, it is projected that the future unmitigated
CNEL will begin to exceed 65 dBA starting in year 2006. Future traffic noise levels
exceeding the City's noise guideline of 65 dBA will cause a noise impact. AAC
indicates that 8-foot high noise barriers along the residential property lines would
reduce the traffic noise levels to 65 dBA or lower. For the residences located near
Eisenhower Drive, a 10-foot high noise barrier is recommended to reduce existing and
future traffic noise levels. The existing 5-1/2 foot high block wall can be augmented
to meet the needed barrier heights. Residences that are located further away from the
roadway or are shielded by the first row homes will experience future traffic noise
levels that are below the City's exterior noise standard and will not be impacted.
Project AD-41 within the City's approved Capital Improvement Plan (CIP) for future
improvements includes a budget in the amount of $310,000 from future development
impact fees to mitigate traffic related noise adjacent to Laguna de la Paz. Depending
3LG
S:\CityMgr\STAFF REPORTS ONLY\7-1-03\S1.doc 2
on the City's priorities, the City Council may choose to replace a currently funded
project by moving this project from the list of future unfunded improvements to the list
of funded improvements during next year's CIP update.
Villas of La Quinta
Residences in the Villas of La Quinta development that are adjacent to Washington
Street are currently not shielded from the traffic noise from Washington Street by a
noise barrier or earthen berm. The existing CNEL ranges from 63 to 66 dBA at these
Receptor locations, while at the pool area, the existing CNEL is 66 dBA. A majority of
the residences are currently experiencing exterior traffic noise levels above the City's
65 dBA noise standard.
The future CNEL from traffic on Washington Street will range from 67 to 69 dBA at
these same residences. The unmitigated future traffic noise levels will continue to
exceed the City's exterior CNEL noise standard of 65 dBA. AAC recommends that 9-
foot high noise barriers be constructed along the Washington Street right-of-way to
reduce the existing and future traffic noise levels at these receptor locations to 65 dBA
or lower. A 7-foot high noise barrier is recommended for the pool area if noise
reduction is desired for the common area.
There is currently no project identified within the City's CIP to mitigate the traffic
related noise within the Villas of La Quinta. Accordingly, there are no funds being
generated for this project. The City Council may choose to include the recommended
noise barrier within next year's update of the City's Development Impact Fee Study.
The City Council may then choose to include the recommended noise barrier within the
next CIP update as either an add project (future improvement) or as a project funded
within the next 5 fiscal years.
Respectfully submitted,
imothy R. J nas in, P.E.
Public Works Dir for/City Engineer
Approved for submission by:
Mark Weiss, Assistant City Manager
Attachments: 1 . Washington Street Sound Attenuation Study
S:\CityMgr\STAFF REPORTS ONLY\7-1-03\S1.doc
3
REPORT/INFORMATIONAL ITEM:
T4ht 4 4v Qu'K&
COMMUNITY SERVICES COMMISSION
MINUTES
March 10, 2003
I. CALL TO ORDER
/7
A regular meeting of the Community Services Commission was called to order at 7:07 p.m. in the
Study Session Room at the La Quinta Civic Center. Chairperson St. Johns presided over the
meeting. Commissioner Davis led the Pledge of Allegiance.
MEMBERS PRESENT: Commissioner Victoria St. Johns
Commissioner Michele Boudreau
Commissioner Mike Davis
MEMBERS ABSENT: Commissioner Gary Calhoun (excused)
Commissioner Deborah Bechard (excused)
STAFF PRESENT: Dodie Horvitz, Community Services Director
Hally Savio, Community Services Secretary
Andy Gerrard, La Quinta Police Department
PUBLIC PRESENT: Stacie Hewitson Michelle Hewitson
Omar Ochoa Ryan Contreras
II. PUBLIC COMMENT- None
IV
CONFIRMATION OF AGENDA
CONSENT CALENDAR
A. Approval of the February 10, 2003 Minutes
B. Monthly Department Report for December 2002
It was moved by Commissioners Davis/Boudreau to approve the Consent Calendar.
Unanimous.
3La
Community Services Commission March 10, 2003
Minutes
_ Page 2.
V. PUBLIC HEARING — None.
VI. BUSINESS ITEMS
A. La Quinta Park Playground Equipment Artwork
Director Horvitz provided background information on the La Quinta Arts Foundation
student artwork competition for La Quinta Park playground equipment. A total of 21
entries were submitted to the Foundation, and were presented to Commissioners for their
selection and approval. After viewing the artwork, Commissioners chose 16 artworks for
installation on the playground equipment. Once approved by the Cultural Arts
Commission, the artwork will be engraved on the playground equipment panels. Each
participant will receive a certificate of appreciation at a City Council Meeting. The
numbers of those selected were 1, 2, 3, 6 (with modification), 7 (with modification), 9,
12, 13, 15, 19, 20, 11, 14, 16, 4 and 21.
B. Community -Picnic
Director Horvitz announced that the annual City of La Quinta Community Picnic will be
held on April 26, 2003 at Fritz Burns Park. Commissioners were invited to contact
Recreation Supervisor Marni Francisco to sign up for a specific task at the event. It was
moved by Commissioners Boudreau/Davis that Commissioners will serve at the picnic.
Unanimous.
C. Skate Park Grand Opening
Staff asked for direction from the Commission regarding establishing a subcommittee to
plan the Skate Park Grand Opening event. After brief discussion, Commissioners St..
Johns and Boudreau volunteered to serve on the subcommittee along with local skaters
present. Meetings of the subcommittee will be scheduled by Recreation Supervisor Marni
Francisco. Commissioner St. Johns asked participants to think about what they would like
to include to make the grand opening special. Skaters present supported having a skate
demonstration at the event. It was moved by Commissioner Boudreau/Davis to establish a
subcommittee to begin planning the skate park grand opening event.
VII. CORRESPONDENCE AND WRITTEN MATERIALS
VIII. COMMISSIONER ITEMS
Commissioner Davis reported that he will be out of town on business for the April 14'h
Commission Meeting, and asked to be excused.
CSCMIN2003\03.10.03.DOC �% �%
Community Services Commission
Minutes
March 10, 2003
Panes Z
Commissioner Boudreau cannot make the Tiny Tot Olympics on Saturday, March 151h
Commissioner St. Johns and Recreation Coordinator Kristin Riesgo will attend the next Youth
Workshop Luncheon at La Quinta High School on March 20tn
IX. ADJOURNMENT
It was moved by Commissioners Boudreau/Davis to adjourn the Community Services
Commission meeting at 7:52 PM. Unanimous.
NEXT MEETING INFORMATION
Monday, April 14, 2003 @7:00 PM
La Quinta City Hall Study Session Room
Submitted by:
Hally Savio, Co m ity Services Secretary
CKMIN2003\03.10.03.DOC `9
IV. CONSENT CALENDAR
I�M
COMMUNITY SERVICES COMMISSION
MINUTES
May 12, 2003
CALL TO ORDER
A regular meeting of the Community Services Commission was called to order at 7:05 p.m. in the
Study Session Room of the La Quinta Civic Center. Chairperson St. Johns presided over the
meeting. Commissioner Bechard led the Pledge of Allegiance.
MEMBERS PRESENT: Commissioner Victoria St. Johns
Commissioner Deborah Bechard
Commissioner Gary Calhoun
Commissioner Mike Davis
MEMBERS ABSENT: Commissioner Michelle Boudreau
STAFF PRESENT: Dodie Horvitz, Community Services Director
Hally Savio, Community Services Secretary
Officer Heather Olsen, La Quinta Police Department
PUBLIC PRESENT: Ryan Contreras
Michelle Nord
II. PUBLIC COMMENT- None
III. CONFIRMATION OF AGENDA
IV. CONSENT CALENDAR
A. Approval of -the March '10, 2003 and April 14, 2003 Minutes
B. Monthly Department Report for March, 2003
It was moved by Commissioners Bechard/Calhoun to approve the April 14, 2003
Minutes and the Monthly Department Report for March, 2003. Unanimous.
3 _i 1 4
Community Services Commission
Minutes
May 12, 2003
Page 2.
A. Annual Work Plan Task Assignment
Staff informed Commissioners that the City Council approved the Community Services
Commission Work Plan for 2003-04 at the May 6, 2003 City Council meeting, and invited
Commissioners to select a method by which to implement the Annual Work plan task
assignments.
It was moved by Commissioner Bechard/Calhoun that the Commissioners will accomplish
the tasks of the 2003-04 Work Plan as a group. Unanimous.
VII. CORRESPONDENCE AND WRITTEN MATERIALS
A. Skate Park Grand Opening Update
Director Horvitz updated Commissioners on the progress of the Skate Park, noting that
the fences and signs have been installed and the parking lot has been striped. The Grand
Opening is -scheduled for Saturday, June 21" at 9:00 AM. This exciting event will
include live music, food and skate demonstrations.
Director Horvitz also introduced Officer Heather Olsen of the La Quinta Police
Department, recently transferred to the Community Oriented Policing Program. Officer
Olsen stated her office is at the Indio Sheriff's Station, she is available to answer
Commissioner's questions at any time, and will be attending monthly Commission
meetings.
A meeting concerning the Skate Park is scheduled for Thursday, May 291h to include staff
from Public Safety, Public Works and Community Services Departments to discuss
cleaning, maintenance, safety and security at the park. Officer Olsen will also be invited
to this meeting. Rules and regulations for the park will be distributed to patrol deputies
by Officer Olsen. Sheriff's Deputies and School Resource Officers will monitor the park
during school hours.
VIII. COMMISSIONER ITEMS
Commissioner St. Johns clarified with staff that the new community park opening has been
delayed due to problems with bermuda grass germination due to unusually cool weather.
Commissioner St. "Johns also requested staff send applications for new terms to
Commissioners Bechard and Boudreau, whose current terms will expire in June, 2003.
Commissioner Davis clarified with staff that restrooms for Civic Center Park would be
included in the new Library building.
31^
Commissioner Davis also discussed his recent trip to the CPRS Conference, including the
"Equal Partners" program for youth and adults. He offered to share his notes with any
CS CMIN2003\05.12.03. DOC
5
Community Services Commission May 12, 2003
Minutes
Page 3.
interested Commissioners.
In answer to Commissioner Bechard's inquiry regarding development of the downtown area,
staff recommended Commissioners review the City Council Minutes to stay abreast of what
projects are approved for the area.
In response to Commissioner Bechard's question about dogs on the hiking trails, Director
Horvitz informed that a temporary 6,000 sq.ft. dog park is planned adjacent to the skate park
which will include a shade structure and a doggie drinking fountain.
Commissioners were also informed that a Teen Dance is tentatively scheduled for Lake
Cahuilla on Saturday evening, June 21 st
IX. ADJOURNMENT
It was moved by Commissioners Calhoun/Davis to adjourn the Community Services
Commission meeting at 7:35 PM. Unanimous.
NEXT MEETING INFORMATION
Monday, June 9, 2003 @7:00 PM
La Quinta City Hall Study Session Room
Submitted by:
Hally Savio, Co unit Services Secretary
3
CSCMIN2003\05.12.03.DOC 6'
REPORT/INFORMATIONAL ITEM:
ramp
I Wig
CULTURAL ARTS COMMISSION
MINUTES
May 8, 2003
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. Chairperson Else Loudon
presided over the meeting. Commissioner Reynolds led the Pledge of Allegiance.
MEMBERS PRESENT: Commissioner Nicolas Hemes
Commissioner Else Loudon
Commissioner Elaine Reynolds
Commissioner Linda Young
MEMBERS ABSENT: Commissioner Sheldon Brodsky (Excused)
STAFF PRESENT: Dodie Horvitz, Community Services Director
Hally Savio, Community Services Secretary
PUBLIC PRESENT: Diane Adolph
Joe Perlow
Bill Loudon
II. PUBLIC COMMENT
Diane Adolph, President of Coachella Valley on Stage, addressed the
Commission about bringing a community theater to La Quinta. Her
organization is planning a production at the Indian Wells Tennis Garden in the
fall, and they are interested in working with the Commission to bring the
show to La Quinta.
Joe Perlow discussed the development of the successful Big Bear Performing
Arts Center, noting that the project requires a substantial amount of financial
support from the City.
Commissioners supported the idea of a community theater and agreed that
ideas would be welcome at a future meeting.
31,E
Cultural Arts Commission Meeting
Minutes
May 8, 2003
Page 2.
III. CONFIRMATION OF AGENDA
IV. CONSENT CALENDAR
A. Approval of Minutes of April 10 and April 14, 2003
B. Financial Report for April, 2003
C. Monthly Department Report for March, 2003
It was moved by Commissioners Hemes/Young to approve the Consent Calendar as
submitted. Unanimous.
V. PUBLIC HEARING -NONE
VI. BUSINESS ITEMS
A. Annual Work Plan
Staff presented the Annual Work Plan, continued from the May 8, 2003
Commission meeting. Commissioners discussed possible cultural conferences,
workshops and events as outlined on Page 7 of the Work Plan. An Artist
Symposium was suggested by Commissioner Reynolds. Commissioners agreed
the recent Concert Under The Stars and La Quinta Artist Show should become
an annual event. Chairman Loudon recommended Commissioner research
calendars of surrounding cities to prevent scheduling conflicts. Commissioner
Young will check with the Desert Sun and the widely distributed Desert Guide.
Revision was made to Page 8 ofthe Work Plan as follows: "Meet The La
�
Quinta Artist" is to be changed to Meet The La Quinta Artists".
It was moved by Commissioners Reynolds/Hemes to approve the Cultural Arts
Commission 2003-04 Annual Work Plan. Unanimous.
VII. CORRESPONDENCE AND WRITTEN MATERIALS
A. Spring Performing Arts Event
Chairman Loudon expressed thanks to all Commissioners, staff and volunteers
for their participation in the April 251h Spring Performing Arts Event, which
included the "Concert Under the Stars", "Taste of La Quinta" and "Meet The La
Quinta Artist". She also discussed her surprise at the costs associated with the
event. Commissioner Young commented that the cost was reasonable for such
a successful inaugural event. Commissioner Reynolds commented on the
Postcard advertising for the Concert and the Community Picnic. Commissioner
Hemes suggested an earlier start on planning for the event, including publicity.
? 1._►
SACommunity Services\CAMCACMIN.5.8.03.doc
.. 2
Cultural Arts Commission Meeting
Minutes
May 8, 2003
Page 3.
Commissioners all received excellent feedback on the food, entertainment and
artists. Commissioner Young expressed special thanks to Chairman Loudon for
all her efforts.
Chairman Loudon requested that staff prepare an "event checklist" to help
determine Commissioner tasks for future events.
B. Community Picnic Survey Results
The results of the Suggestion Card Survey at the Community Picnic on
Saturday, April 26th were presented to the Commission. Commissioners
agreed this was a good way to obtain information on what the public would like
to see in the City. Commissioners also discussed the beautiful art created at
the Commission's Picnic Booth by children with crayons on roll paper. The 60-
foot "mural" will be put on display in the City Hall Lobby for all to enjoy.
C. Update on Desert Dolmen Artpiece
Staff updated Commissioners on the status of the "Desert Dolmen" artpiece at
Washington Street and Lake La Quinta Drive. The City Council approved
removal of the top piece of the work due to the instability of the artpiece as
originally proposed. The artist is now in the process of modifying the artpiece.
D. Letter from Gail Taylor
Commissioners discussed letter received from artist Gail Taylor, who
participated in the "Meet the La Quinta Artist" program at the Spring Performing
Arts Event. Ms. Taylor suggested more publicity for the events be provided,
and that the events be held on a Saturday or Sunday rather than Friday
evening. Chairman Loudon will prepare a response to the letter.
VIII. COMMISSIONER ITEMS
Commissioner Reynolds expressed interest in having a sculpture by artist Maria
Barera added to the Agenda for consideration at the next Commission Meeting for
placement at the corner of Washington Street and Highway 1 1 1.
Commissioner Young is also interested in discussing a possible art piece for this
location.
Chairman Loudon suggested the landscape architect also be invited to the next
Commission meeting in June, if a firm has been chosen by the City Council at that
time.
S:1Community Services\CAMCACMIN.5.8.01doc
31G
3
Cultural Arts Commission Meeting
Minutes
May 8, 2003
Paqe 4.
XI. ADJOURNMENT
It was moved by Commissioners Young/Hemes to adjourn the Cultural Arts
Commission meeting. Unanimous. Meeting adjourned at 8:30 PM.
NEXT MEETING INFORMATION:
Thursday, June 12, 2003
La Quinta Civic Center Study Session Room
Submitted by:
Hally SaviU—
Community Services Secretary
31'~
SACommunity Services\CAC\CACMIN.5.8.03.doc
- 4
REPORT/INFORMATIONAL ITEM: /9
INVESTMENT ADVISORY BOARD
Meeting
May 14, 2003
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 Mahfoud, followed by the Pledge of Allegiance.
PRESENT: Chairman Mahfoud, Board Members Moulin, Olander and
Lewis
Absent: Board Member Mortenson
OTHERS PRESENT: John Falconer, Finance Director, Vianka Orrantia, Secretary
and Cristina Deniel
II PUBLIC COMMENT — None
III CONFIRMATION OF AGENDA
Mr. Falconer advised the Board of several handouts which were a result of the
CMTA Conference and some actions to be taken by the Council. The first
handout is a letter from the State Treasurer, Phil Angelides regarding LAIF and
the current budget discussions in Sacramento. The second handout is an
update regarding the Investment Advisory Board which the Council will be
discussing on May 20th a reduction in the Investment Advisory Board size from
seven to five members. Mr. Falconer also advised the Board of the fax received
from Board Member Moulin regarding the investment policies which would be
discussed under the Business Session section, item B. In response to Chairman
Mahfoud, Mr. Falconer will give a brief overview of the Treasure's Conference.
Mr. Falconer suggested that this item be added to Correspondence and Written
Material as item D.
IV CONSENT CALENDAR
A. Approval of Minutes of Meeting on April 9, 2003 for the Investment Advisory
Board.
Board Member Moulin advised the Board that on page 2 of the Minutes, the
fourth paragraph should read:
31S
Investment Advisory Board
Minutes
May 14, 2003
Board Member Moulin also replied to the Board that the bond
money is currently being dfsPUFsed disbursed.
MOTION - It was moved by Board Members Moulin/Olander to approve the
Minutes of April 9, 2003 as corrected. Motion carried unanimously.
V. BUSINESS SESSION
A. Transmittal of Treasury Report for March 2003
Mr. Falconer informed the Board that the portfolio is currently at $100
million with a decrease of $6 million, which is a result of final debt
service payments for the year. The portfolio yield is currently around 2%
and is being dragged down by the fiscal agent investments, which puts
us at 1.78% overall which is 60 basis points higher than the six month
Treasury Bill rate. Mr. Falconer also informed the Board that on page 5,
it indicates that the Commercial Paper has matured and the City is no
longer invested in Commercial Paper. Rates continue to drop and Staff
has reinvested $6 million in six month paper, T-Bills, currently at 1.08%
and Federal Home Loan Bank for the same period of time at 1.13%, only
5% basis points difference.
Discussion ensued by the Board about the current economy.
Mr. Falconer informed the Board that on page 4 of the Treasurer's
Report, under LAIF, the administrative charges are .47% of 1 %. LAIF is
legally mandated to not go over .5 % of 1 % and is currently bumping up
against that limit, due to the yields being low. Mr. Falconer also informed
the Board that at the annual LAIF Conference, it was announced that the
annual budget for LAIF is about $2 million, which is a small amount
compared to their $50 billion portfolio. Due to the legal limitation, the
limitation cannot be exceeded and cannot be charged to the participants
in the pool.
MOTION - It was moved by Board Members Lewis/Olander to review,
receive and file the Treasurer's Report for March 2003. Motion carried
unanimously.
2
319,
Investment Advisory Board May 14, 2003
Minutes
B. Consideration of Fiscal Year 2003/04 Investment Policy
In response to Board Member Lewis, Mr. Falconer informed the Board
that GASB 40 would not be incorporated into the Investment Policy; it
would be incorporated with the financial statements. Fair market
values will have to be included in the footnotes and GASB 40 changes
will be incorporated with the Treasurer's report.
Chairman Mahfoud advised the Board of the items of discussion for
changes and/or deletions to the Investment Advisory Policy: adding a
paragraph to the policy in reference to internal loans; making changes
to page 10 and 1 1; and an increase from $5 million to $7.5 million in
GSE's, including Fannie Maes and Federal Farm Credit. Chairman
Mahfoud reviewed with the Board the changes to the policy. The first
item was on page 1 of the Investment Policy and a change was made
on page 5. Board Member Moulin advised the Board that on page 17,
item number XVII titled "Investments not subject to the policy," that
all investments and cash are subject to the policy." Board Member
Moulin suggested to the Board that the word "investment" be changed
to activities or some other term. Mr. Falconer advised the Board that
the distinction that was trying to be made is that cash investments are
held within the City in the City's accounts, whereas there are other
items beyond the City's control which they are not held by the City,
but in the City's name. Board Member Moulin felt that the word
"investment" should be changed. Other suggestions by the Board
were activities, transactions or City funds not subject to the policy.
Board Member Lewis stated to the Board that some of the funds are
investments and the conduit financing for bonds is an investment in
the City's name. Board Member Moulin asked the Board how this is
avoided subject to the policy. Board Member Lewis suggested to the
Board that it read "The Investment Policy pertains to all cash and
investments held by the City, except for the following:" Board
Member Moulin suggested to the Board that the first sentence be
taken out, due to the fact that it repeats what is stated on page 5.
Chairman Mahfoud suggested to the Board taking out the first
sentence. It was suggested by Board Member Lewis to take the word
"investment" out and replace it with the word "items." Board Member
Moulin suggested that another word be used relating to financial
3
Investment Advisory Board
Minutes
May 14, 2003
transactions, or use "financial transactions." Board Member Lewis
advised the Board that these are physical things that are being
discussed, such as cash, it is not an activity or transaction. Board
Member Moulin stated to the Board that it is those items that do not
count as cash or investments, for the purpose of the policy. Board
Member Lewis emphasized to the Board that these are still
investments or cash. Chairman Mahfoud advised the Board that
under financial activity, it is cash being used for investment, loans
being made, short-term/long-term obligations, cash related activity.
Board Member Lewis advised the Board that these are investments not
subject to the policy, investments upon proceeds, and loans between
government agencies and technically they are investments. Board
Member Olander suggested to the Board that it read "investments not
subject to this policy." Mr. Falconer stated to the Board that "items
not subject to this policy," is not descriptive enough, this could mean
that anything else could apply. Mr. Falconer informed the Board that
cash and/or financial transactions would be fine with Staff and these
items were not under the control of the Treasurer. Board Member
Olander suggested that the statement "not under control of the
Treasurer," be included. Mr. Falconer advised the Board that there are
times when the Treasurer would obtain control of these items if
certain events happen. Board Member Moulin stated to the Board that
the first concern was the advance to the Developer for the Embassy
Suites Hotel, which was not considered by the Treasurer's office.
Board Member Moulin also stated that at the City Council meeting,
Council Member Osborne stated that this is not cash subject to the
Investment Policy; there might be those people that might be in
disagreement, but if the City Attorney agrees, then this is fine. Due to
the fact that there are those people that might consider this an
investment, it should be avoided calling this an "investment." Board
Member Lewis advised the Board that if a person considered this an
investment and were to look at the policy to see how this is handled,
then they can look at the investments that are not covered by the
policy; it would not be called a financial transaction. The person can
see this was not an investment subject to the policy. Mr. Falconer
advised the Board that these are also considered assets, so the policy
can state "assets not subject to this policy," some which are notes
receivable. Chairman Mahfoud advised the Board that item XVII reads
"Financial Assets and Investment Activity not subject to Policy,"
deleting the first sentence. Board Member Moulin asked for a
f
3�1.
Investment Advisory Board
Minutes
May 14, 2003
clarification of "Conduit Debt Financing." Mr. Falconer advised the
Board that an example can be listed, such as "housing bonds," where
the City uses our name to secure private developer bonds for low
income housing. There are other types of conduit financing, which the
City might not have at this point and time, but possibly in the future,
such as industrial development bonds. Mr. Falconer also advised the
Board that he could be specific or could be broad, but at this point and
time decided to be broad to cover items that might arise. Board
Member Lewis asked the Board if conduit debt financing was a GASB
recognized term. Mr. Falconer replied that it is in the footnotes in the
financial statements that these bonds have been issued in the City's
name but are not a debt of the City. Board Member Moulin asked the
Board if conduit debt financing is a common expression. Mr. Falconer
replied to the Board that this again was in the footnotes of the
financial statement. Board Member Moulin suggested to the Board
that the term "Conduit Debt Financing" be listed in the glossary. The
Board concurred. Board Member Moulin advised the Board that page
one would also need to be changed. Board Member Lewis suggested
to the Board that one additional word be added to page five, under
section III Scope, should say "except as further detailed in Section
XVII."
In response to Chairman Mahfoud, Mr. Falconer advised the Board that
on page seven, section V, Maximum Maturities, that the amount was
lowered based on a loan that was done to the Agency and also based
on some cash forecasting. Mr. Falconer also advised the Board that
based on the current investment yields, he is apprehensive to go out
any further. Chairman Mahfoud asked the Board if the annual surplus
was defined. Mr. Falconer replied to the Board that due to the many
variables involved, it would be hard to define in an exact calculation.
Chairman Mahfoud continued to reconfirm the changes made in the
policy, page 7, page 10. Mr. Falconer asked the Board if the letter
handed out at the beginning of the meeting could be discussed at this
current time. The Board agreed. Mr. Falconer advised the Board that
at the Treasurer's Conference, there was a breakout session and a
woman speaker who represented the state wide water districts, which
hold a great deal of power. He stated that several members of this
Board were very concerned about the State deficit and if push came to
shove, they believed that there is a possibility that the LAIF Funds
5
3 r) ON
4-ti
Investment Advisory Board
Minutes
May 14, 2003
could be tapped. The woman suggested to the State Treasurer that he
write a letter reassuring the LAIF participants that the LAIF funds
cannot be tapped by the State Legislature. Mr. Falconer advised the
Board that this letter was the Treasurer's response to that request
from the breakout session. Mr. Falconer also advised the Board that it
was important the Treasurer did go on record, formally in writing, of
the legislation that was passed. Board Member Lewis shared with the
Board only one concern, the last paragraph in the letter, which states
"I would oppose any statutory change in regard to the program,"
which could imply that the Legislature could step in and make a
statutory change and would nullify the previous section, depending on
votes or steps needed to be taken. Mr. Falconer advised the Board
that the League of Cities follows all the legislative actions that go
through the State Assembly and the Senate. If this item was to come
up, there are 3,000 members of the State pool and if there was a
chance this might happen, they would possibly pull all their money out
at once. There is a guarantee withdraw up to $10 million, so in a
short amount of time the fund would drop. Board Member Olander
reaffirmed to the Board that LAIF has leaned over backwards so that
legislature cannot touch these monies. In addition to the handout from
Mr. Falconer, Board Member Olander presented a flyer asking if the
State could borrow LAIF dollars to resolve the budget deficit, and the
answer stated is no. Also asked was if the State cannot adopt a
budget by the June 30th deadline, could they borrow monies from LAW
and again the answer was no. Board Member Olander requested the
flyer be copied and distributed to the Board members. The flyer also
included another breakdown of LAIF funds which could be of interest
to the Board.
In response to Board Member Moulin, Mr. Falconer advised the Board
that Council receives a copy of the Investment Advisory Board
Meeting Minutes in their agenda packets and can obtain a copy of the
recorded minutes from the City Clerk's office.
Cristina Deniel, potential Investment Advisory Board Candidate asked
the Board if the State Treasurer actively manages the LAIF Funds in
order to get the same type of return that Orange County received, (i.e.
so much in interest rate and taking interest rate risk, there wasn't a
credit risk because of Federal Home Loan Bank mortgage backed
securities, which were leveraged in order to increase yield.) Can the
R
�) ` 7
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Investment Advisory Board
Minutes
May 14, 2003
State do the same thing? Chairman Mahfoud replied to Ms. Deniel
that it is his understanding they have a policy with guidelines regarding
interest rate risks. Board Member Lewis also stated that LAIF has an
investment policy, stating what they can and cannot do. In response
to Ms. Deniel, Board Member Lewis stated that LAIF cannot leverage
themselves the way Orange County did. Mr. Falconer informed the
Board that LAIF has two overriding documents, one being the State
Code, which the City abides by as well. The City of La Quinta is
further restricted from the State Code, this was adopted by the
Investment Advisory Board and the City Council. LAIF has a state
code, the LAIF Answer Book, policies they abide by in investments.
Mr. Falconer stated that for example, the City can invest in
commercial paper, which can only be Al P1 or a higher rating, while
LAIF can go A2P2, meaning they can go with a little more risk with
their commercial paper program. Mr. Falconer informed Ms. Deniel that
if she would like to obtain a copy of the LAIF Answer Book that Staff
could forward to her. (Subsequently mailed.)
Chairman Mahfoud asked the Board to clarify on page 10, last bullet
point, "non -publicly owned" if this was correct. Mr. Falconer replied
that in order to be consistent with page 11, public -owned, that non -
publicly owned be used. Board Member Moulin reiterated that a
distinction was being made due to the different level of scrutiny with a
publicly -held entity listed on the New York Stock Exchange. The
GSE's are pretty much the same and decided to combine them into
one and distinguish the "publicly held" by definition.
Chairman Mahfoud asked the Board if there were any comments that
derived from Board Member Mortenson's comments at a previous
meeting. Board Member Moulin replied that he felt that Board
Member Mortenson was under the impression there were some backed
by the full faith of credit by the United States Government, which is
not the case. Board Member Moulin advised the Board that that the
fax he forwarded to Mr. Falconer as a handout was his suggestion as
a replacement paragraph for page 10 third bullet point, which also
included the definition of GSE's, which Board Member Moulin felt that
needed to be included in the paragraph. Mr. Falconer advised the
Board that the paragraph does not explicitly state that we do not
invest in the others. Board Member Lewis advised it says we only
invest in the following.
7
Investment Advisory Board
Minutes
May 14, 2003
Board Member Lewis also advised that in the future it makes it easier
to add them back in rather than add here and take out from there.
Board Member Moulin stated to Staff that it was easier to list those
investments the City invests in.
Mr. Falconer advised the Board that Board Member Mortenson is now
employed by Smith Barney and a result this could be a possible
conflict of interest, due to the fact that Smith Barney is listed in the
Investment Policy as one of the City's Broker/dealers. Board Member
Mortenson was instructed by his firm not to attend an Investment
Advisory Board Meeting until the firm consulted with the City's legal
council. In response to Chairman Mahfoud, Mr. Falconer informed the
Board that the firm is looking for a letter from the City saying that it is
not a conflict, and if a letter is forthcoming then the issue is resolved.
Chairman Mahfoud informed the Board that most and/or all changes to
page 19 were made.
Board Member Moulin advised the Board that on page 35 under
"Federal Credit Agencies, item number two (FHLB's), last paragraph is
missing a sentence.
Board Member Lewis suggested to the Board that on page 19,
Summary of Authorized Investments and Limitations, the items listed
with a zero should be deleted and list the ones that have been
approved. Board Member Moulin agreed.
Chairman Mahfoud advised the Board that LAIF was changed to 25%,
7.5% on GSE's. Mr. Falconer reminded the Board that there was a
change from $10 million to $5 million and invested over two years.
Chairman Mahfoud asked the Board if there was a decision made to
decrease commercial paper. Mr. Falconer replied to the Board, that at
a previous meeting, commercial paper would not be eliminated, but
based on the current market, commercial paper was not going to be
utilized.
Motion — It was moved by Board Member Lewis/Chairman Mahfoud to
continue discussion of the Fiscal Year 2003/04 policy to the next
scheduled meeting.
E
Investment Advisory Board May 14, 2003
Minutes
VI CORRESPONDENCE AND WRITTEN MATERIAL
A. Month End Cash Report — April 2003
Mr. Falconer advised the Board that a check was cut for $1.7 million for
the Sheriff's cost for the last five months, which will reflect a decrease
in cash.
Chairman Mahfoud asked the Board if there was a repo on the PMIA
account. Mr. Falconer replied to the Board that this currently was being
utilized.
Noted and Filed
B. Pooled Investment Board Report — February 2003
Chairman Mahfoud thanked Staff for the information provided regarding
the LAIF investments. Mr. Falconer commented to the Board that based
on the information that Staff provided, LAIF does not invest in Phillip
Morris or Ingersol, due to some of their policies.
Noted and Filed
C. GASB No. 40 — New Rules Regarding Investment Disclosures in the notes
to the Financial Statements
Item was discussed briefly under section V. Business Session, item B.
VII BOARD MEMBER ITEMS
Mr. Falconer shared with the Board an overview of the LAIF Conference.
Among the key speakers in attendance was a woman who shared her concerns
and discussed the administrative fees and the limitations. Another keynote
speaker was the U.S. Treasurer who spoke on counterfeiting and autographed
dollar bills. On Thursday the keynote speaker was an Economist from the
Anderson School at UCLA and he spoke on the economy, interest rates and his
predictions of the future economy. Board Member Moulin commented to the
7
Investment Advisory Board
Minutes
May 14, 2003
Board that the gentleman from the UCLA has done some forecasting on the
economy and has been very accurate.
Mr. Falconer advised the Board that he and Board Member Olander sat in on
presentation from a City and a School District from San Bernardino and the
collaborative efforts they go to try and receive federal and state grants and how
they try to eliminate duplicate services and avoid overlapping.
Mr. Falconer informed the Board that City Council is considering reducing the
Investment Board Member size from seven members to five members. Board
Member Moulin asked the Board how many seats would be open in June. Mr.
Falconer replied that there would be one seat open if the Council reduced the
Board to five members. Board Member Lewis advised that Board that his term
will be up in June, but he will be reapplying to the Board.
VIII ADJOURNMENT
MOTION - It was moved by Board Members Lewis/Olander to adjourn the
meeting at 6:40 p.m. Motion carried unanimously.
Submitted by; .
Vianka Orrantia
Secretary
10
3�r
Department Report: I —
U
G� OF T19
TO: The Honorable Mayor and Members of the City Council
FROM: Thomas P. Genovese, City ManageV4
DATE: July 1, 2003
SUBJECT: Department Report - Responses to Public Comments
The following public comments were made at the June 17, 2003, City Council
meeting:
1. Charlie Coulter, 49-111 Washington Street, spoke regarding the need for a
sound attenuation wall along Washington Street in front of the Villas of La
Quinta development. He indicated he understood this issue would be on an
upcoming agenda. He is also concerned that the living wall of oleanders that
currently exists is dying and that before long there will be no barrier to the
traffic sounds from Washington and Eisenhower. He would like to see
something constructed similar to the Montero Estates sound wall.
■ Council thanked Mr. Coulter for his comments and assured him that
Staff will be bringing the matter before them shortly.
3��
DEPARTMENT REPORT: 3
JULY 1
JULY 16-18
JULY 22
AUGUST 5
AUGUST 19
SEPTEMBER 2
SEPTEMBER 7-9
SEPTEMBER 16
OCTOBER 7
OCTOBER 21
CITY COUNCIL'S
UPCOMING EVENTS
CITY COUNCIL MEETING
MAYORS/COUNCIL MEMBERS EXECUTIVE
FORUM - LEAGUE OF CALIFORNIA CITIES
CITY COUNCIL MEETING
CITY COUNCIL MEETING
CITY COUNCIL MEETING
CITY COUNCIL MEETING - CANCELLED
LEAGUE OF CITIES ANNUAL CONFERENCE
CITY COUNCIL MEETING
CITY COUNCIL MEETING
CITY COUNCIL MEETING
DEPARTMENT REPORT: 3 _-&
July 2003
La Quinta City Council Monthly Planner
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AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: July 1, 2003 CONSENT CALENDAR:
STUDY SESSION:
Public Hearing Adopting a Resolution Approving
the Placement of Weed Abatement/Lot PUBLIC HEARING:
Cleaning Assessments on the
2003/2004 Property Tax Roll
RECOMMENDATION:
Adopt a Resolution of the City Council approving the placement of weed
abatement/lot cleaning costs on the 2003/2004 Property Tax Roll as listed in the
Resolution.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
Z no fim
BACKGROUND AND OVERVIEW:
The purpose of this Public Hearing is to provide the City Council the opportunity
to hear and consider all public objections and protests, if any, to the report filed
with the City Council containing a description of each real property parcel cleared
or cleaned by the City of La Quinta.
Notices of tonight's Public Hearing were posted advising of the hearing date. No
written communications have been received regarding this matter.
All of the listed property owners have been notified of the costs associated with
the abatement and have been given more than 30 days in which to reimburse the
City.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Adopt a Resolution of the City Council approving the placement of weed
abatement/lot cleaning costs on the 2003/2004 Property Tax Roll as listed
in the Resolution; or
2. Do not adopt a Resolution of the City Council approving the placement of
weed abatement/lot cleaning costs on the 2003/2004 Property Tax Roll; or
3. Provide staff with alternative direction.
Respectfully submitted,
Tom Hartung, Buildin nd Safety Director
Approved for submission by:
Thomas P. Genovese, City Manager
2 3r,
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, LA QUINTA ASSESSING LIEN
AND PROVIDING FOR COLLECTION OF TAX ROLLS ON
CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF
PUBLIC NUISANCE
WHEREAS, Chapter 11.72 of the La Quinta Municipal code provides for the
declaration and determination of certain conditions of property to be a public
nuisance and further provides for the abatement of said nuisance by certain
procedures including abatement by the City and collection of the cost of said
abatement on tax rolls; and
WHEREAS, in accordance with said abatement procedures, the Building and
Safety Director of the City of La Quinta, as agent of the City Manager, has
determined that a public nuisance exists on the following described premises, and
has been given the notice required by law, and the owner thereof has failed to
appeal said determination and has failed to abate said nuisance as required in said
notice; and
WHEREAS, in accordance with said abatement procedure, the Building and
Safety Director has, by contract, provided for the abatement of said public nuisance on
said properties and has filed a report thereon with the City Council and the City
Council has conducted a hearing on said report and the assessment of said costs
against said properties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
1. The City Council hereby finds, determines, and declares that the City
has abated a Public nuisance on each of the following described premises and has
conducted a hearing on assessment of the costs of said abatement in the time and
manner as required by law and further determines that there were no objections or
protests to assessments of said costs by any interested party.
2. The City Council hereby finds, determines, and orders that the report
of the Building and Safety Director relative to assessment of costs is hereby
approved and the City Council hereby orders that the following costs are hereby
assessed as liens against the following properties and the amount of said
assessment shall be collected at the time and in the manner of ordinary property
taxes.
33 7
ter.
Resolution No. 2003-
Fund Number 68-2378/Weed Abatement
Adopted: July 1, 2003
Page 2
ASSESSOR'S COST OF ADMIN FEE
NAME
PARCEL NO. ABATEMENT (25%) TOTAL
Bigdeli
773-083-023-7 $200.00 $ 50.00 $250.00
Bigdeli
773-083-024-8 $140.63 $ 46.87 $187.50
Goodwin
773-251-014-8 $245.00 $ 61.25 $306.25
Merritt
646-312-021-3 $ 80.00 $ 20.00 $100.00
Stellar
770-164-013-7 $ 80.00 $ 20.00 $100.00
Edwards
773-214-015-4 $300.00 $ 75.00 $375.00
Hofgaarden
773-295-010-0 $175.00 $ 43.75 $218.00
Doherty
773-215-004-7 $ 90.00 $ 0 $ 90.00
Franco
773-234-022-2 $125.00 $ 31.00 $156.00
Franzen
773-253-012-2 $150.00 $ 37.00 $187.00
Special Cutting
770-163-013-4 $100.00 $ 25.00 $125.00
Collins
770-165-015-2 $500.00 $125.00 $625.00
3.
The City Clerk is hereby directed to transmit a certified copy of the
Resolution to
the tax collector of the County of Riverside and said tax collector is
hereby requested to collect the amount of each assessment herein at the time and
in the manner
of ordinary property taxes.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 1" day, of July, 2003, by the following vote to wit:
AYES:
NOES:
4
Resolution No. 2003-
Fund Number 68-2378/Weed Abatement
Adopted: July 1, 2003
Page 3
ABSENT:
ABSTAIN:
DONALD ADOLPH, 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
5
COUNCIL/RDA MEETING DATE: July 1, 2003
ITEM TITLE:
Public Hearing to Adopt Resolutions to Consider: 1)
Certification of a Mitigated Negative Declaration of
Environmental Impact for Environmental Assessment
2003-472; 2) Specific Plan 2003-064 for Development
Standards and Design Guidelines for a Residential
Development; and 3) Tentative Tract Map 31302 for the
Subdivision of 79.21 Acres to Construct Approximately
200 Detached Single Family Homes, for the Property
Located at the Southwest Corner of Avenue 52 and
Monroe Street. Applicant: Desert Elite, Inc., "Rancho
Santana"
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING: d--
Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of
environmental impact for Environmental Assessment 2003-472.
Adopt a Resolution of the City Council approving Specific Plan 2003-064, subject to
the attached findings and conditions.
Adopt a Resolution of the City Council approving Tentative Tract Map 31202, subject
to the attached findings and conditions.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Site Background:
At 79.21 acres is size, the site is situated at the southwest corner of Avenue 52 and
Monroe Street in the City's Sphere of Influence. As of this writing, the subject
property is currently under review by the Local Agency Formation Commission
(LAFCO) for annexation into the City of La Quinta. The property is vacant, but has
been used for agriculture. The property is bound by the El Dorado Polo Club (an
equestrian use) to the north in the City of Indio; agricultural properties are located east,
west and south of the site in unincorporated Riverside County. With the exception of
the property in the City of Indio all the surrounding properties are located within the
City's Planning Area "1 " and are designated for residential use.
Project Request:
The following applications have been filed for review:
1. A Specific Plan (Attachment 1) to establish development standards and design
guidelines for a 79.21 acre residential development. The Specific Plan proposes
minimum lot sizes of 8,800 square feet, a private street system and common
area amenities, including equestrian facilities. Home sizes range from 2,000 to
2,800 square feet with approximately 14 semi -custom, or custom homes.
2. The Tentative Tract Map is necessary to subdivide the 79.21 acres into a gated
community with 201 residential lots, private streets, on -site retention and
common area amenities (Attachment 2). Lots will range from 8,800 square feet
to 27,000 square feet.
The subdivision (Rancho Santana) will be a gated residential community consisting of
201 single family lots, including approximately14 custom equestrian lots. The 188
lots will range in size from 8,800 to 27,000 square feet; the approximately14 custom
lots located on the southeast portion of the site will be approximately one-half acre in
size. Interior amenities will include walking paths as well as equestrian trails that will
provide access to the equestrian lots, exercise arena (located southeast portion of the
site), and the perimeter trail. Below is a list of the project's development standards:
AGRICULTURAL/EQUESTRIAN
OVERLAY
Minimum lot size for single-family dwellings
8,000
(sq. ft.)
Minimum lot frontage for single-family
80
dwellings (ft.)
321
Minimum lot frontage on cul-de-sacs and
knuckles/irregular lots
35/70
Minimum lot frontage for flag lots
15
Maximum structure height (ft.)'
22
Maximum number of stories
1
Minimum front yard setback (ft.)'
20
Minimum setback to accessory structures3
20
Minimum setback to manure storage
25
Minimum perimeter setback for a project'
10/20
Minimum side yard setback (ft.)
14 combined no less than 5
on interior side
Minimum rear yard setback (ft.)'
20
Maximum lot coverage (% of net lot area)
40
Minimum livable area excluding garage (sq. ft)
2000
Maximum/average perimeter landscape
setbacks (ft)'
10/20
*GENERAL NOTES*
1. The maximum structure height for all buildings shall be 22 feet for all
buildings located within 150 feet of any General Plan -designated Image
Corridor.
2. Minimum garage setback shall be 20 feet if a "roll -up" type garage door is
used.
3. Casitas may have a front yard setback of fifteen 0 5) feet. Separation
between the main house and a detached casitas shall be ten 0 0) feet.
4. Patio structures may have a rear yard setback of fifteen 0 5) feet.
5. Perimeter landscape setbacks are adjacent to perimeter streets: first
number of equal minimum at any point; second number equals minimum
average over entire frontage (thus, 10/20).
Four floor plans are proposed for the 188 homes that will range in size from 2,000 to
2,800 square feet. Each home will have two front elevation options with a modern
Spanish/Mediterranean theme and will include earth -tone colored stucco, exterior
shutters, porches, six foot high block fencing, stone veneer accents, and split rail
fencing in the front courtyard entries. Detached casitas will also be included.
Public amenities will include an eight foot wide on -street bike/golf path, a six foot
meandering walkway and a 10 foot multipurpose trail. Avenue 52 and Monroe Street,
both Primary Arterials, will be improved in accordance with the General Plan
requirements.
3 '1 )
Main and secondary access will be provided on Avenue 52 and will have limited
turning movement (right in and right out). Secondary access will be from Monroe
Street and will have full turning movement.
Rancho Santana includes an equestrian landscape concept that consists of canopy
trees, split rail fencing, decomposed granite trails, enhanced desert planting, and stone
walls. In addition, the perimeter landscape will include a six foot high split face block
wall, 10 foot wide equestrian trail with a split rail fence, and landscaping with a
meandering six foot wide sidewalk. The project entries will include stone pilasters,
with oversized rustic gates complimenting the equestrian theme. The main access will
include extensive desert friendly landscaping. In addition to the equestrian trails within
the project, two open spaces for passive and active recreation will be provided.
Planning Commission Action:
On June 10, 2003, the Planning Commission adopted Resolutions 2003-038 to 2003-
040 recommending approval of the land development of the site, subject to conditions
(Attachment 3).
Public Agency Review:
A copy of this request was sent to all applicable public agencies and City Departments.
All written comments received are on file with the Community Development
Department. A letter from the City of Indio (Attachment 4) has been received
requesting the preparation of the Environmental Impact Report for this project. All
other applicable agency comments received have been made part of the Conditions of
Approval for this case.
Public Notice:
This request was advertised in the Desert Sun newspaper on June 12, 2003 for this
City Council meeting, and mailed to all affected property owners within 500 feet of the
project site.
Statement of Mandatory Findings:
The findings necessary to recommend approval of the Specific Plan and the Tract Map
can be made, as noted in the attached Resolutions.
FINDINGS AND ALTERNATIVES:
1. Adopt a Resolution of the City Council certifying a Mitigated Negative
Declaration of environmental impact for Environmental Assessment 2003-472.
Adopt a Resolution of the City Council approving Specific Plan 2003-064,
subject to the attached findings and conditions. 3��'f
Adopt a Resolution of the City Council approving Tentative Tract Map 31202,
subject to the attached findings and conditions.
2. Do not adopt Resolutions of the City Council certifying a Mitigated Negative
Declaration of environmental impact for Environmental Assessment 2003-472,
Specific Plan 2003-064, and Tract Map 31202; or
3. Provide staff with alternative direction.
Respectfully submitted,
maps Community Development Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments:
1 . Specific Plan (City Council only)
2. Tract Map (City Council only)
3. Planning Commission minutes of June 10, 2003(excerpt only)
4. City of Indio letter dated June 24, 2003
346.
RESOLUTION 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
FOR ENVIRONMENTAL ASSESSMENT 2003-472
PREPARED FOR SPECIFIC PLAN 2003-064 AND
TENTATIVE TRACT MAP 31202
ENVIRONMENTAL ASSESSMENT 2003-472
APPLICANT: DESERT ELITE
WHEREAS, the Planning Commission of the City of La Quinta, California,
did, on the 10th day of June, 2003 hold a duly noticed Public Hearing to consider
Environmental Assessment 2003-472 for Specific Plan 2003-064 and Tentative Tract
Map 31202 (the "Project"), for lands bounded by Avenue 52 on the north, Monroe
Street on the east, more particularly described as follows:
APN 767-200-004 and 767-200-005
WHEREAS, upon hearing and considering all testimony and arguments, if
any, of all interested persons desiring to be heard, said Planning Commission did find
the facts, findings, and reasons to adopt Resolution 2003-038 recommending
certification of said Environmental Assessment:
WHEREAS, said Environmental Assessment has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act of
1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that
the Community Development Department has prepared an Initial Study (EA 2003-472)
and has determined that although the proposed Specific Plan 2003-064 and Tentative
Tract Map 31202 could have a significant adverse impact on the environment, there
would not be a significant effect in this case because appropriate mitigation measures
were made a part of the assessment and included in the conditions of approval and a
Mitigated Negative Declaration of Environmental Impact should be filed; and,
WHEREAS, the City Council of the City of La Quinta, California, did, on
the 1 st day of July, 2003 hold a duly noticed Public Hearing to consider Environmental
Assessment 2003-472 for the Project; and
WHEREAS, upon hearing and considering all testimony and arguments, if
any, of all interested persons desiring to be heard, said City Council did find the
following facts, findings, and reasons to justify recommending certification of said
Environmental Assessment:
n
City Council Resolution 2003-_
Environmental Assessment 2003-472
Desert Elite — Santana Homes
Adopted: July 1, 2003
1. The proposed Project will not be detrimental to the health, safety, or general
welfare of the community, either indirectly, or directly, in that no significant
unmitigated impacts were identified by Environmental Assessment 2003-472.
2. The proposed Project will not have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife population to
drop below self sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of rare or endangered plants
or animals or eliminate important examples of the major periods of California
history or prehistory.
3. There is no evidence before the City that the proposed project will have the
potential for an adverse effect on wildlife resources or the habitat on which the
wildlife depends.
4. The proposed Project does not have the potential to achieve short-term
environmental goals, to the disadvantage of long-term environmental goals, as
no significant effects on environmental factors have been identified by the
Environmental Assessment.
5. The proposed Project will not result in impacts which are individually limited or
cumulatively considerable when considering planned or proposed development in
the immediate vicinity, as development patterns in the area will not be
significantly affected by the proposed Project.
6. The proposed Project will not have environmental effects that will adversely
affect the human population, either directly or indirectly, as no significant
impacts have been identified which would affect human health, risk potential or
public services.
7. There is no substantial evidence in light of the entire record that the Project may
have a significant effect on the environment.
8. The City Council has considered the Environmental Assessment 2003-472 and
the Environmental Assessment reflects the independent judgment of the City.
9. The City has on the basis of substantial evidence, rebutted the presumption of
adverse effect set forth in 14 CAL Code Regulations 753.5(d).
3r1�
P:\OSCAR\SANTANA HOMES\CC RESO EA.DOC
Planning Commission Resolution 2003-
Environmental Assessment 2003-472 — Rancho Santana
Adopted: June 10, 2003
10. The location and custodian of the City's records relating to this Project is the
Community Development Department located at 78-495 Calle Tampico, La
Quinta, California.
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City of La Quinta, California, as follows:
1. That the above recitations are true and correct and constitute the findings of the
City Council for this Environmental Assessment.
2. That Environmental Assessment 2003-472 reflects the independent judgement
of the City.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 1 st day of July 2003, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, 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
3 4 '-
S:\CITYMGR\STAFF REPORTS ONLY\7-1-03\PH2EA RESO.DOC
Environmental Checklist Form
1. Project Title: Rancho Santana
(Specific Plan 2003-064, Tentative Tract Map 31202)
2. Lead Agency Name and Address: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
3. Contact Person and Phone Number: Oscar W. Orci, 760-777-7125
4. Project Location: Southwest corner of Avenue 52 and Monroe Street
APN: 767-200-004 and -005
5. Project Sponsor's Name and Address: Desert Elite c/o John Pedalino
78-401 Highway 1 1 1, Suite G
La Quinta, CA 92253
6. General Plan Designation: Proposed through Annexation: Low Density
Residential, Agricultural/Equestrian Overlay
7. Zoning: Proposed through Annexation: Low Density Residential,
Agricultural/Equestrian Overlay
8. Description of Project: (Describe the whole action involved, including but not limited to
later phases of the project, and any secondary, support, or off -site features necessary for its
implementation. Attach additional sheets if necessary.)
The property in question is currently under review by the Local Agency
Formation Commission (LAFCO) for annexation into the City. The property is
in active agriculture.
Once annexed, the applicant wishes to develop the parcel for single family
residential development. The Specific Plan has been submitted to establish
the design standards and guidelines under which such development would
occur. The Specific Plan proposes minimum lot sizes of 8,800 square feet, a
private street system and common area amenities, including equestrian
facilities.
The Tentative Tract Map is necessary to subdivide the 79.21 acres into a
gated community with 201 residential lots, private streets and on -site
retention and common area amenities. Lots will range from 27,000 square
feet to 8,800 square feet.
P:\Oscar\Santana Homes\EA Chklst472.wpd 1
9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings.
North: Avenue 52, El Dorado Polo Club
South: Vacant desert lands and agricultural lands
West: Agricultural lands
East: Monroe Street, agricultural lands
10. Other agencies whose approval is required (e.g., permits, financing approval, or
participation agreement.)
Local Agency Formation Commission
Coachella Valley Water District
P:\Oscar\Santana Homes\EA Chklst472.wpd 2 . y
v ..
Environmental Factors Potentially Affected:
The environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact" as indicated by
the checklist on the following pages.
Aesthetics
Agriculture Resources
Air Quality
Biological Resources
Cultural Resources.
Geology and Soils
Hazards and Hazardous
Materials
Hydrology and Water Quality
Land Use Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation/Traffic
Utilities and Service Systems
Mandatory Findings
Determination (To be completed by the Lead Agency.) On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared
❑�
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions in the
project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE
DECLARATION will be prepared.
0
I find that the proposed project MAY have a significant effect on the environment, and
an ENVIRONMENTAL IMPACT REPORT is required.
FEW
I find that the proposed project MAY have a "potentially significant impact" or
"potentially significant unless mitigated" on the environment, but at least one effect 1)
has been adequately analyzed in an earlier document pursuant to applicable legal
standards, and 2) has been addressed by mitigation measures based on the earlier
analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is
required, but it must analyze only the effects that remain to be addressed.
Fol
I find that although the proposed project could have a significant effect on the
environment, because all potentially significant effects (a) have been analyzed adequately
in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated
pursuant to that earlier EIR, including revisions or mitigation measures that are imposed
upon the proposed project, nothing further is required.
//." Z' May 28, 2003
car Orci, Planning Manager Date
P:\Oscar\Santana Homes\EA Chklst472.wpd 3 C�
Evaluation of Environmental Impacts:
1) A brief explanation is required for all answers except "No Impact" answers
that are adequately supported by the information sources a lead agency cites in the
parentheses following each question. A "No Impact" answer is adequately supported if
the reference information sources show that the impact simply does not apply to projects
like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact"
answer should be explained where it is based on project -specific factors as well as general
standards (e.g. the project will not expose sensitive receptors to pollutants, based on a
project -specific screening analysis).
2) All answers must take account of the whole action involved, including off -site
as well as on- site, cumulative as well as project -level, indirect as well as direct, and
construction as well as operational impacts.
3) "Potentially Significant Impact" is appropriate if there is substantial evidence
that an effect is significant. If there are one or more "Potentially Significant Impact"
entries when the determination is made, an EIR is required.
4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated"
applies where the incorporation of mitigation measures has reduced an effect from
"Potentially Significant Impact" to a "Less Significant Impact." The lead agency must
describe the mitigation measures, and briefly explain how they reduce the effect to a less
than significant level (mitigation measures from Section XVIII, "Earlier Analysis," may be
cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or
other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative
declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVIII at
the end of the checklist.
6) Lead agencies are encouraged to incorporate into the checklist references to
information sources for potential impacts (e.g., general plans, zoning ordinances).
Reference to a previously prepared or outside document should, where appropriate,
include a reference to the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other
sources used or individuals contacted should be cited in the discussion.
8) The analysis of each issue should identify:
a) the significance criteria or threshold used to evaluate each question; and
b) the mitigation measure identified, if any, to reduce the impact to less than
significance.
P:\Oscar\Santana Homes\EA Chk1st472.wpd
Issues (and Supporting Information Sources):
Would the proposal result in potential impacts involving:
AESTHETICS: Would the project:
a) Have a substantial adverse effect on a scenic vista?
(General Plan Exhibit 3.6)
b) Damage scenic resources, including, but not limited to,
trees, rock outcropping, and historic buildings within a state
scenic highway? (Aerial photograph)
c) Substantially degrade the existing visual character or
quality of the site and its surroundings? (Application materials)
d) Create a new source of substantial light or glare which
would adversely affect day or nighttime views in the area?
(Application materials)
AGRICULTURAL RESOURCES:. In determining whether
impacts to agricultural resources are significant environmental
effects, lead agencies may refer to the California Agricultural
Land Evaluation and Site Assessment Model prepared by the
California Dept. Of Conservation as an optional model to use
in assessing impacts on agriculture and farmland. Would the
project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland) to non-agricultural use?
(General Plan EIR p. III-21 ff.)
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract? (Zoning Map, Property Owner)
c) Involve other changes in the existing environment which,
due to their location or nature, could individually or
cumulatively result in
loss of Farmland, to nonagricultural use? (Aerial Photo in SP)
III. AIR QUALITY: Where available, the significance criteria
established by the applicable air quality management or air
pollution control district may be relied upon to make the
following determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable
Air Quality Attainment Plan or Congestion Management Plan?
(SCAQMD CEQA Handbook)
b) Violate any stationary source air quality standard or
contribute to an existing or projected air quality violation?
(SCAQMD CEQA Handbook)
c) Result in a net increase of any criteria pollutant for which
the project region is non -attainment under an applicable
federal or state ambient air quality standard (including
releasing emissions which exceed quantitative thresholds for
ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10
Plan for the Coachella Valley)
Potentially
Potentially Significant Less Than
Significant Unless Significant No
Impact Mitigated Impact Impact
X
X
X
X
X
91
FN
X
X
X
P:\Oscar\Santana Homes\EA Chk1st472.wpd 5
d) Expose sensitive receptors to substantial pollutant
concentrations? (Project Description, Aerial Photo, site
inspection)
e) Create objectionable odors affecting a substantial number
of people? (Project Description, Aerial Photo, site inspection)
IV. BIOLOGICAL RESOURCES: Would the project:
a) Have a substantial adverse impact, either directly or
through habitat modifications, on any species identified as a
candidate, sensitive, or special status species in local or
regional plans, policies, or regulations, or by the California
Department of Fish and Game or U.S. Fish and Wildlife
Service? ("Biological Assessment and Impact Analysis...",
James Cornett Ecological Consultants, February, 2003)
b) Have a substantial adverse impact on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service? ("Biological Assessment and Impact Analysis...",
James Cornett Ecological Consultants, February, 2003)
c) Adversely impact federally protected wetlands (including,
but not limited to, marsh, vernal pool, coastal, etc.) Either
individually or in combination with the known or probable
impacts of other activities through direct removal, filling,
hydrological interruption, or other means? ("Biological
Assessment and Impact Analysis...", James Cornett
Ecological Consultants, February, 2003)
d) Interfere substantially with the movement of any resident
or migratory fish or wildlife species or with established
resident or migratory wildlife corridors, or impede the use of
wildlife nursery sites? ("Biological Assessment and Impact
Analysis... ", James Cornett Ecological Consultants, February,
2003)
e) Conflict with any local policies or ordinances protecting
biological resources such as a tree preservation policy or
ordinance? ("Biological Assessment and Impact Analysis...",
James Cornett Ecological Consultants, February, 2003)
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Conservation Community Plan, or
other approved local, regional, or state habitat conservation
plan? (Master Environmental Assessment, p. 73 ff.)
X
X
X
X
X
X
X
X
V. CULTURAL RESOURCES: Would the project:
a) Cause a substantial adverse change in the significance of a
historical resource which is either listed or eligible for listing
on the National Register of Historic Places, the California X
Register of Historic Resources, or a local register of historic
resources? (General Plan Cultural Resources Exhibit 9.1)
P:\Oscar\Santana Homes\EA Chk1st472.wpd 6
b) Cause a substantial adverse change in the significance of a
unique archaeological resources (i.e., an artifact, object, or
site about which it can be clearly demonstrated that, without
merely adding to the current body of knowledge, there is a
high probability that it contains information needed to answer
important scientific research questions, has a special and
particular quality such as being the oldest or best available
example of its type, or is directly associated with a
scientifically recognized important prehistoric or historic event
or person)? (General Plan Cultural Resources Exhibit 9.1)
c) Disturb or destroy a unique paleontological resource or site?
("{Paleontologic Assessment Desert Elite" San Bernardino
County Museum, February 2003)
d) Disturb any human remains, including those interred
outside of formal cemeteries? (General Plan Cultural
Resources Exhibit 9.1)
VI. GEOLOGY AND SOILS: Would the project:
a) Expose people or structures to potential substantial adverse
effects, including the risk of loss, injury, or death involving:
1) Rupture of a known earthquake fault, as delineated on the
most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other
substantial evidence of a known fault? (MEA Exhibit 6.2)
ii) Strong seismic ground shaking? (MEA Exhibit 6.2)
iii) Seismic -related ground failure, including liquefaction?
(Geotechnical Investigation, Sladden Engineering, February
2003)
iv) Landslides? (General Plan Exhibit 8.3)
b) Result in substantial soil erosion or the loss of topsoil?
(General Plan Exhibit 8.4)
c) Be located on a geological unit or soil that is unstable, or
that would become unstable as a result of the project, and
potentially result in on- or off -site landslides, lateral spreading,
subsidence, liquefaction or collapse? (Geotechnical
Investigation, Sladden Engineering, February 2003)
d) Be located on expansive soil, as defined in Table 18-1-B of
the Uniform Building Code 0 994►, creating substantial risks
to life or property? (Geotechnical Investigation, Sladden
Engineering, February 2003)
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative waste water disposal system where
sewers are not available for the disposal of waste water?
(General Plan Exhibit 8.1)
VII. HAZARDS AND HAZARDOUS MATERIALS: Would the
project:
X
X
X
X
X
X
X
X
X
X
X
PAOscar\Santana Homes\EA Chklst472.wpd 7
a) Create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous
materials? (Application materials)
b) Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident conditions
involving the likely release of hazardous materials into the
environment? (Application materials)
c) Reasonably be anticipated to emit hazardous materials,
substances, or waste within one -quarter mile of an existing or
proposed school? (Application materials)
d) Is the project located on a site which is included on a list of
hazardous materials sites complied pursuant to Government
Code Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment? (Riverside
County Hazardous Materials Listing)
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles of
a public airport or public use airport, would the project result
in a safety hazard for people residing or working in the project
area? (General Plan land use map)
f) For a project within the vicinity of a private airstrip; would
the project result in a safety hazard for people residing or
working in the project area? (General Plan land use map)
g) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency evacuation
plan? (General Plan MEA p. 95 ff)
h) Expose people or structures to the risk of loss, injury or
death involving wildlands fires, including where wildlands are
adjacent to urbanized areas or where residences are
intermixed with wildlands? (General Plan land use map)
Vill. HYDROLOGY AND WATER QUALITY : Would the project:
a) Violate Regional Water Quality Control Board water quality
standards or waste discharge requirements? (General Plan EIR,
p. III-187 ff.)
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (i.e., the production rate of pre-
existing nearby wells would drop to a level which would not
support existing land uses or planned uses for which permits
have been granted? (General Plan EIR p. 111-87 ff.)
c) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of
stream or river, in a manner which would result in substantial
erosion or siltation on- or off -site? (Project Preliminary Grading
Plan)
X
X
X
X
X
X
X
X
X
X
X
3
PAOscar\Santana Homes\EA Chklst472.wpd 8
d) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount of
surface runoff in a manner which would result in flooding on -
or off -site? (Project Preliminary Grading Plan)
e) Create or contribute runoff water which would exceed the
capacity of existing or planned stormwater drainage systems
to control? (Project Preliminary Grading Plan)
f) Place housing within a 100-year floodplain, as mapped on a
federal Flood Hazard Boundary or Flood Insurance Rate Map or
other flood hazard delineation map? (Master Environmental
Assessment Exhibit 6.6)
g) Place within a 100-year floodplain structures which would
impede or redirect flood flows? (Master Environmental
Assessment Exhibit 6.6)
IX. LAND USE AND PLANNING: Would the project:
a) Physically divide an established community? (Project
Description)
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific plan,
local coastal program, or zoning ordinance) adopted for the
purposes of avoiding or mitigating an environmental effect?
(General Plan p. 18 ff.)
c) Conflict with any applicable habitat conservation plan or
natural communities conservation plan? (Master Environmental
Assessment p. 74 ff.)
X. MINERAL RESOURCES: Would the project:
a) Result in the loss of availability of a known mineral
resource classified MRZ-2 by the State Geologist that would
be of value to the region and the residents of the state?
(Master Environmental Assessment p. 71 ff.)
b) Result in the loss of availability of a locally important
mineral resource recovery site delineated on a local general
plan, specific plan or other land use plan? (Master
Environmental Assessment p. 71 ff.)
XI. NOISE: Would the project result in:
a) Exposure of persons to, or generation of noise levels in
excess of standards established in the local general plan or
noise ordinance, or applicable standards of other agencies?
(General Plan p. 95)
b) Exposure of persons to or generation of excessive ground
borne vibration or ground borne noise levels? (Parking lot-- no
ground borne vibration)
13
R
X
X
1rJ
X
91
X
N
X
P:\Oscar\Santana Homes\EA Chklst472.wpd 9
3 `J
c) A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project? (General Plan EIR, p. III-144 ff.)
d) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles of
a public airport or public use airport, would the project expose
people residing or working in the project area to excessive
noise levels? (General Plan land use map)
e) For a project within the vicinity of a private airstrip, would
the project expose people residing or working in the project
area to excessive levels? (General Plan land use map)
XII. POPULATION AND HOUSING: Would the project:
a) Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of
roads or other infrastructure)? (General Plan, p. 9 ff.,
application materials)
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere? (Application Materials)
c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere? (Application
Materials)
XII1. PUBLIC SERVICES
a) Would the project result in substantial adverse physical
impacts associated with the provision of new or physically
altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which
could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times or other
performance objectives for any of the public services:
Fire protection? (General Plan MEA, p. 57)
Police protection? (General Plan MEA, p. 57)
Schools? (General Plan MEA, p. 52 ff.)
Parks? (General Plan; Recreation and Parks Master Plan)
Other public facilities? (General Plan MEA, p. 46 ff.)
X
X
X
X
X
X
XIV. RECREATION:
a) Would the project increase the use of existing
neighborhood and regional parks or other recreational facilities
such that substantial physical deterioration of the facility X
would occur or be accelerated? (Application Materials)
rJ
X
13
*1
PAOscar\Santana Homes\EA Chklst472.wpd 10
b) Does the project include recreational facilities or require the
construction or expansion of recreational facilities which X
might have an adverse physical effect on the environment?
(Application Materials)
XV. TRANSPORTATION/TRAFFIC: Would the project:
a) Cause an increase in traffic which is substantial in relation
to the existing traffic load and capacity of the street system
(i.e., result in a substantial increase in either the number of
vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections)? (General Plan EIR, p. III-29 ff.)
b) Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
management agency for designated roads or highways?
(General Plan EIR, p. III-29 ff.)
c) Result in a change in air traffic patterns, including either an
increase in traffic levels or a change in location that results in
substantial safety risks? (No air traffic involved in project)
d) Substantially increase hazards to a design feature (e.g.,
sharp curves or dangerous intersections) or incompatible uses
(e.g., farm equipment)? (Project Site Plan)
e) Result in inadequate emergency access? (Project Site Plan)
f) Result in inadequate parking capacity? (Project Site Plan)
g) Conflict with adopted policies supporting alternative
transportation (e.g., bus turnouts, bicycle racks)? (Project
Description)
XVI. UTILITIES AND SERVICE SYSTEMS: Would the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board? (General
Plan MEA, p. 58 ff.)
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects? (General Plan MEA, p. 58 ff.)
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant environmental
effects? (General Plan MEA, p. 58 ff.)
d) Are sufficient water supplies available to serve the project
from existing entitlements and resources, or are new or
expanded entitlements needed? (General Plan MEA, p. 58 ff.)
e) Has the wastewater treatment provider which serves or
may serve the project determined that it has adequate
capacity to serve the project's projected demand in addition
to the provider's existing commitments? (General Plan MEA,
p. 58 ff.)
X
X
X
X
X
X
X
K4
X
KI
rJ
P:\Oscar\Santana Homes\EA Chklst472.wpd 11
f) Is the project served by a landfill with sufficient permitted X
capacity to accommodate the project's solid waste disposal
needs? (General Plan MEA, p. 58 ff.)
XVII. MANDATORY FINDINGS OF SIGNIFICANCE:
a) Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a fish
or wildlife species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range of
a rare or endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
b) Does the project have the potential to achieve short-term,
to the disadvantage of long-term, environmental goals?
c) Does the project have impacts that are individually limited,
but cumulatively considerable? ("Cumulatively considerable"
means that the incremental effects of a project are
considerable when viewed in connection with the effects of
past projects, the effects of other current project, and the
effects of probable future projects)?
d) Does the project have environmental effects which will
cause substantial adverse effects on human beings, either
directly or indirectly?
XVIII. EARLIER ANALYSIS.
M
X
K4
X
Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or
more effects have been adequately analyzed in an earlier EIR or negative declaration. Section
15063(c)(3)(D). In this case a discussion should identify the following on attached sheets.
a) Earlier analysis used. Identify earlier analysis and state where they are available for review.
None
b) Impacts adequately addressed. Identify which effects from the above checklist were within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and
state whether such effects were addressed by mitigation measures based on the earlier analysis.
Not applicable.
c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document and the
extent to which they address site -specific conditions for the project.
See attached Addendum.
�.�
PAOscar\Santana Homes\EA Chk1st472.wpd 12 3') t
SOURCES:
Master Environmental Assessment, City of La Quinta General Plan 2002.
General Plan, City of La Quinta, 2002.
General Plan EIR, City of La Quinta, 2002.
SCAQMD CEQA Handbook.
City of La Quinta Municipal Code
"Paleontologic Assessment Desert Elite, Rancho Santana," prepared by the San Bernardino county
Museum, February, 2003
"Biological Assessment and Impact Analysis of the proposed Desert Elite Residential Project,"
prepared by James W. Cornett, February, 2003
"Geotechnical Investigation Proposed 80 Acre Residential Development...," prepared by Sladden
Engineering, February, 2003
P:\Oscar\Santana Homes\EA Chk1st472.wpd 13
Addendum for Environmental Assessment 2003-472
L. a), b) & c)
Avenue 52 is designated a secondary image corridor in the General Plan. This
designation requires that care be taken in the design of the landscape parkway
in this area. The project proponent has incorporated into the Specific Plan an
additional private parkway, in addition to the 20 foot street parkway, which will
include an equestrian trail. This enhanced treatment will improve the aesthetic
appearance of the street, and is supported by General Plan policies regarding
image corridors. Homes will be no more than 22 feet height within the 150
image corridor setback, further reducing the visual clutter in the area. Impacts
associated with viewsheds are expected to be inconsequential.
I. d) Lighting within this project will include landscaping, entry access points and
similar functions. All lighting will be required to conform to the City's lighting
ordinance, which prohibits the spillage of light onto adjacent properties. Lighting
from a residential project is generally low in intensity, and the impacts
associated with light and glare from this project are expected to be less than
significant.
II. a)-c)
The proposed project site is currently in agriculture as a sod farm. There are no
Williamson Act contracts on the parcels, however' the proposed Specific Plan,
and subdivision of 79.21 acres will ultimately result in the loss of this acreage
to agriculture. The land is designated Prime Farmland in the Riverside County
Draft Integrated Planz.
The loss of 79 acres of land in sod farming will not represent a significant loss
of prime agricultural land in the Valley. The sod farming lands which occur in
the annexation area do not represent a significant portion of those lands in that
use in the Coachella Valley.
In addition, the requested City zoning designation for this project includes the
Agriculture/Equestrian Residential district, which promotes the preservation of
agricultural and equestrian land uses within urbanizing land uses. The project
will include horse riding trails, an equestrian jumping course, and other
equestrian amenities, which will perpetuate a measure of equestrian land use
within the Plan area. The impacts to agricultural resources are expected to be
less than significant.
I
Personal communication, Marvin Roos, Mainiero Smith & Associates, May 16, 2003.
2
Hearing Draft Riverside County General Plan, April, 2003.
39
P:\Oscar\Santana Homes\EAADDENDUM-472.wpd 1
III. a) The proposed Specific Plan and Tentative Tract Map will not generate emissions
in excess of South Coast Air Quality Management District (SCAQMD) thresholds
for criteria pollutants (see below) and therefore will not obstruct implementation
of applicable air quality management plans.
III. b) & c)
The single largest contributor to air quality in the City is the automobile. It is
expected that the proposed project's primary air quality impact will be
associated with vehicle trips and construction dust.
The proposed project will result in the construction of 202 single family
residences, which will generate 1,933 trips at build out3. Based on this trip
generation, the SCAQMD has established formulas to calculate emissions,
which are shown in the Table below.
Running Exhaust Emissions
(pounds/day)
PM10 PM10 PM10
CO ROC NOx Exhaust Brakes Tires
50 mph 99.85 3.84 20.48 -- 0.43 0.43
Daily
Threshold 550 75 100 150
Based on 1,933 trips/day and average trip length of 10 miles, using EMFAC7G
Model provided by California Air Resources Board. Assumes catalytic light autos
at 75*F, year 2005. * Operational thresholds provided by SCAQMD for
assistance in determining the significance of a project and the need for an EIR.
The proposed project will not exceed any threshold for the generation of moving
emissions, as established by the South Coast Air Quality Management District
in determining the need for an EIR. The impacts to air quality relating to
chemical pollution from the proposed project are not expected to be significant
at this time.
The construction of the proposed project will generate dust, which could impact
residents both on and off site. The Coachella Valley is a severe non -attainment
area for PM10 (particulate matter of 10 microns or smaller).
3 Trip Generation, 6th Edition, Institute of Transportation Engineers, for category 210, Single
Family Detached.
P:\Oscar\Santana Homes\EAADDENDUM-472.wpd 2
The proposed project would result in the disturbance of up to 79.21 acres of
land. This has the potential to generate fugitive dust during the grading of the
site. Since the site will be mass graded and then built in phases, potential also
exists for on -going fugitive dust for unbuilt areas. The Valley's 2002 PM 10 Plan
adopted much stricter measures for the control of dust both during the
construction process and as an on -going issue. These measures will be
integrated into conditions of approval for the proposed project. These include
the following control measures.
CONTROL
MEASURE TITLE & CONTROL METHOD
BCM-1 Further Control of Emissions from Construction
Activities: Watering, chemical stabilization, wind
fencing, re -vegetation, track -out control
BCM-2 Disturbed Vacant Lands: Chemical stabilization, wind
fencing, access restriction, re -vegetation
BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving,
chemical stabilization, access restriction, re -
vegetation
BCM-4 Paved Road Dust: Minimal track -out, stabilization of
unpaved road shoulders, clean streets maintenance
The contractor will be required to submit a PM 10 Management Plan prior to
initiation of any earth moving activity. In addition, the potential impacts
associated with PM 10 can be mitigated by the measures below.
1. Construction equipment shall be properly maintained and serviced to
minimize exhaust emissions.
2. Existing power sources should be utilized where feasible via temporary
power poles to avoid on -site power generation.
3. Construction personnel shall be informed of ride sharing and transit
opportunities.
4. Cut and fill quantities will be balanced on site.
5. Any portion of the site to be graded shall be pre -watered to a depth of
three feet prior to the onset of grading activities.
6. Watering of the site or other soil stabilization method shall be employed
on an on -going basis after the initiation of any grading activity on the
site. Portions of the site that are actively being graded shall be watered
regularly to ensure that a crust is formed on the ground surface, and shall
be watered at the end of each work day.
PAOscar\Santana Homes\EAADDENDUM-472.wpd 3
7. Landscaped areas shall be installed as soon as possible to reduce the
potential for wind erosion. Parkway landscaping on Avenue 52 and
Monroe shall be installed prior to the first certificate of occupancy. The
perimeter wall along Avenue 52 shall be installed with the first phase of
development.
8. All lands shown as Phase 2 through 4 shall be landscaped or chemically
stabilized within 30 days of the termination of mass grading on the site.
The project proponent shall submit a landscape or stabilization plan to the
Community Development Department for review and approval prior to the
issuance of any grading permit on the site. As development occurs, only
one phase, as depicted on Exhibit 6 of the Specific Plan, of the site shall
be disturbed at one time. Phases not yet under construction shall be
maintained in a stabilized or landscaped condition until constructed upon.
9. SCAQMD Rule 403 shall be adhered to, insuring the clean up of
construction -related dirt on approach routes to the site.
10. All grading activities shall be suspended during first and second stage
ozone episodes or when winds exceed 25 miles per hour
1 1 . The project proponent shall be required to employ a PM 10 monitor during
all mass grading of the site, in conformance with the 2002 PM10
Management Plan.
12. The project proponent shall notify the City and SCAQMD of the start and
end of grading activities in conformance and within the time frames
established in the 2002 PM 10 Management Plan.
III. d) The construction of residential dwelling units will not generate any pollutant
concentrations.
III. e) The construction of the proposed project will not generate any objectionable
odors. The area is in equestrian and agricultural land uses at the present time,
and the odors associated with manure and other equestrian activities are
commonplace in this area.
IV) a)-f)
The proposed project site is currently in agriculture, and does not harbor native
habitat. A biological survey prepared for the proposed project found neither
habitat nor animal species of concern on the site'. There will be no impact to
biological resources from implementation of the proposed project.
4 `Biological Assessment and impact Analysis of the proposed Desert Elite Residential Project," prepared by James W. Cornett, February 2003. 62,
3�
P:\Oscar\Santana Homes\EAADDENDUM-472.wpd 4
V. a), b) & d)
The site is currently in agriculture, and has been for some time. There is
considerable evidence in other parts of the Valley, however, that buried
resources can occur in agriculturally active areas. There is therefore a potential
that buried resources do occur on the site which will not be uncovered until
grading and excavation occur. As a result, the following mitigation measure
shall be required:
1. Should any earth moving activity on the site uncover a potential
archaeological resource, all activity on the site shall stop until such time
as a qualified archaeologist has evaluate the resource, and recommended
mitigation measures. The archaeologist shall also be required to submit
to the Community Development Department, for review and approval, a
written report on all activities on the site prior to occupancy of the first
building on the site.
V. c) A paleontologic study was conducted for the proposed project'. The study
found that although the site has been in agriculture, there is a high probability
that fossilized molluscs dating to ancient Lake Cahuilla could exist on the site.
The field survey found such remains, although they were disturbed by the
agricultural activity. The study recommends the following mitigation measure
to assure that potential impacts to paleontologic resources are reduced to a less
than significant level:
1. A paleontologic monitor shall be present during grading activities. The
monitor shall be equipped to salvage fossils as they are unearthed to
avoid construction delays and to remove samples of sediments which are
likely to contain the remains of small fossil invertebrates and vertebrates.
The monitor shall be empowered to temporarily stop or redirect grading
activities to allow removal of abundant or large specimens. The monitor
shall also be required to curate and submit a written report to the
Community Development Department for review and approval prior to
occupancy of the first building on the site.
VI. a) i)-iv)
The proposed project lies in a Zone IV groundshaking zone. The property, as
with the rest of the City, will be subject to significant ground movement in the
event of a major earthquake. Structures on the site will be required to meet the
City's standards for construction, which include Uniform Building Code
requirements for seismic zones. A geotechnical study was prepared for the
5 "Paleontologic Assessment Desert Elite, Rancho Santana,' prepared by the San Bernardino County Museum, February 2003.
P:\Oscar\Santana Homes\EAADDENDUM-472.wpd
5 3E��
proposed projects. Groundwater was encountered at a depth of 43 feet at the
project site. The risk of liquefaction on the site is therefore considered limited,
and mitigation measures are not necessary.
VI. b) The site is located in a severe blowsand hazard area, and will therefore be
subject to significant soil erosion from wind. The project proponent will be
required to implement the mitigation measures listed under air quality, above,
to guard against soil erosion due to wind. These mitigation measures will lower
the potential impacts associated with wind erosion to a less than significant
level.
VI. c)-e)
The study found that soils on the subject property consist primarily of silty
sands and sandy silts. These soils have a very low expansion probability, as
defined in the Uniform Building Code. The soils on the site are not expansive,
and will support the development proposed by the project proponent. The soils
will require over -excavation, as required in the City's standards for construction
under the Uniform Building Code. These standards will ensure that the stability
of the soils is mitigated. The project will be connected to sanitary sewer
provided by the Coachella Valley Water District, and will not rely on septic
tanks.
VII. a)-h)
The proposed project consists of the construction of 201 residential housing
units. No significant use, transport or storage of hazardous materials is expected
at the site.
VIII. a), c),d) & e)
The proposed project will be responsible for the drainage of on and off site
flows. The City Engineer requires that all project retain the 100 year storm on -
site. The proposed project includes several retention basins which will be used
as passive and active recreation areas and equestrian facilities. These retention
basins are sized to meet the City's standards for stormwater retention, thereby
reducing potential impacts to a less than significant level.
VIII. b)
The Coachella Valley Water District provides domestic water to the subject
property. The proposed project will be required to implement the City's
standards for water conserving plumbing fixtures and on -site retention, which
both aid in reducing the potential impacts to groundwater. The proposed project
will also meet the requirements of the City's water -conserving landscaping
ordinance. These standards will reduce potential impacts to a less than
significant level.
6 "Geotechnical Investigation Proposed 80 Acre Residential Development...," Sladden Engineering, February, 2003.
P:\Oscar\Santana Homes\EAADDENDUM-472.wpd 6
Vill. f) & g)
The proposed project does not occur in a 100 year flood plain, and will therefore
not place housing or other structures in such a flood plain.
IX. a►-c)
The proposed project site is currently in agriculture, and is surrounded by vacant
or agricultural lands. The site is in an area of the City which is rapidly
urbanizing, with development which can best be characterized as low and very
low density residential planned communities. The project as currently designed
is consistent with the General Plan and meets the standards of the Development
Code. The project is outside the boundaries of the Fringed -toed Lizard Habitat
Conservation Plan. No impacts to land use and housing are expected.
X.a) & b)
The project site occurs outside the MRZ-2 Zone, and is not expected to contain
resources.
XI. a)
The proposed project is in an area of the City that is relatively quiet at this time.
The General Plan predicts, however, that vehicular traffic in this area at buildout
will result in noise levels slightly above City standards, without mitigation. In
general, on most City roadways, the construction of a perimeter wall, 6 feet in
height, results in a reduction of 5 to 12 dBA for adjacent back yards. This is
expected to be sufficient to lower impacts on the subject site. In order to assure
that the residential units built within the project site are not subject to excessive
noise levels, the following mitigation measure shall be implemented:
1. The project proponent shall construct a decorative wall, or a wall and
earthen berm, six feet in height and meeting City standards, along the
rear property line of all lots located adjacent to the landscaped parkways
on Monroe and Avenue 52. The walls shall be of solid construction, with
no breaks or gaps.
XI. c) The construction of the project will generate noise from construction equipment
and activities. The project site is not surrounded by sensitive receptors, and
therefore will have little impact during initial construction phase. As
development within the site occurs, however, it can be expected that residents
will have moved into early phases of the project when later phases are under
construction. In order to assure that these residents are not significantly
impacted by construction noise, the following mitigation measures shall be
implemented:
1. Construction staging areas, and stationary equipment such as generators
and service areas, shall be located as far from existing residential units
as possible.
PAOscar\Santana Homes\EAADDENDUM-472.wpd 7
2. The construction hours stipulated in the City's noise ordinance shall be
strictly adhered to.
XI. d) & e)
The project site is not within the vicinity of an airport or airstrip.
XII. a)-c)
The site is currently in agriculture and will not disturb existing populations or
housing units. The construction of housing units on the site is well within the
numbers analyzed in the City's 2002 General Plan. No impacts to population
and housing are expected to occur as a result of the proposed project.
XIII. a)
Buildout of the site will have a less than significant impact on public services.
The proposed project will be served by the County Sheriff and Fire Department,
under City contract. Buildout of the proposed project will generate property and
sales tax which will offset the costs of added police and fire services.
The proposed project will be required to pay the state -mandated school fees to
mitigate potential impacts to schools.
To offset the potential impacts on City traffic systems, the project will be
required to participate in the City's Impact Fee Program.
Site development is not expected to have a significant impact on municipal
services or facilities.
XIV. a) & b)
The proposed project includes the construction of on -site passive and active
recreational opportunities. These will be available to all project residents,
thereby reducing potential impacts to off -site City recreation facilities. The
construction of the proposed project is expected to have a less than significant
impact on recreational facilities.
XV. a) & b)
The proposed project will generate 1,933 trips per day. The requested land use
on the subject parcel is well within the limits analyzed in the City's General Plan
traffic study, which found that buildout of the General Plan in this area would
result in acceptable levels of service. The impacts to the circulation system are
expected to be consistent with those identified in the General Plan EIR, and are
not expected to be significant.
XV. c)-g)
The project will not impact air patterns. The design of the site does not create
any hazardous design features. The proposed residences will be required to
provide on -lot parking in conformance to the City's standards. The site plan
P:\Oscar\Santana Homes\EAADDENDUM-472.wpd 8
provides for emergency access points. Alternative transportation in the form of
bus stops will be implemented throughout the area based on General Plan
policies and programs.
XVI. a)-f)
Utilities are available at the project site. The project developer will be required
to pay connection and service fees for each of the utilities, which are designed
to incorporate future needs and facilities. These fees will eliminate the potential
impacts associated with utilities at the site.
XVII. a)
The project is currently in agriculture, and does not harbor native species or
habitat. It therefore has no potential to degrade the quality of the environment
or affect local plants or animals.
XVII. b)
The project is consistent with the long term goals for housing and equestrian
facilities included in the General Plan. The project is on the eastern boundary of
the City, in an area which is rapidly urbanizing, and therefore represents a logic
extension of development. There is no potential for the project to achieve short
term goals to the disadvantage of long term goals.
XVII. c)
The impacts associated with the project are not cumulatively considerable. The
project will somewhat lower the potential density on the parcel from that
analyzed in the General Plan EIR, thereby reducing anticipated impacts
associated with buildout of the General Plan.
XVII. d)
The project has identified impacts associated with noise and air quality, which
both affect human beings. However, a number of mitigation measures are
proposed which reduce the potential impacts to a less than significant level.
3 E
P:\Oscar\Santana Homes\EAADDENDUM-472.wpd 9
CITY OF LA QUINTA
MONITORING PROGRAM FOR CEQA COMPLIANCE
DATE: May 22, 2003 ASSESSORS PARCEL NO.: 767-200-004 and -005
CASE NO.: Specific Plan 2003-064 and PROJECT LOCATION: Southwest corner of Avenue 52 and Monroe Street
Tentative Tract Map 31202
EA/EIR NO: 2003-437 APPROVAL DATE: In Process
APPLICANT: Desert Elite
THE FOLLOWING REPRESENTS THE CITY'S MITIGATION MONITORING PROGRAM IN CONNECTION WITH THE MITIGATED NEGATIVE DECLARATION FOR
THE ABOVE CASE NUMBER
SUMMARY MITIGATION MEASURES
RESPONSIBLE FOR
TIMING
CRITERIA
COMPLIANCE
DATE
MONITORING
CHECKED BY
II. AGRICULTURAL RESOURCES
Written confirmation that the property is
Community Development
Prior to the issuance of
Standard professional
no longer subject to Williamson Act
Department
grading permits for the
practices
contracts.
property
CJ
C^
G�
PAOscar\Santana Homes\EAMitig.Monit472.wpd
III. AIR QUALITY
Maintain construction equipment.
Contractor
Project Construction
SCAQMD standards
Utilize temporary power.
City Engineer
Prior to issuance of
IID standards
grading permits.
Balance cut and fill on site.
City Engineer
Project Construction
Municipal Code
Pre -water and stabilize soils.
Building Department
Prior to issuance of
PM10 Management
building permits.
Plan
Landscape parkways in Phase I
Building Department
During Construction
Site inspections.
Landscape or stabilize Phase 2 thru
Public Works Department
Within 30 days of mass
Site inspections
4
grading.
Provide alternative transportation.
Community Development
Prior to the issuance of
TDM ordinance.
Department
grading permits
Stop grading during winds of more
Building Department
During grading..
Site inspection
than 25 mph., 1 st and 2nd stage
ozone episodes.
Employ an air quality monitor
Building Department
During all mass grading
Site inspections
Provide notices to City and
Building Department
Prior to earth moving.
SCAQMD
SCAQMD
2002 Coachella
Valley PM 10 SIP.
SUMMARY MITIGATION
MEASURES
RESPONSIBLE FOR
MONITORING
TIMING
CRITERIA
COMPLIANCE
CHECKED BY
DATE
IV. CULTURAL RESOURCES
Archaeological monitor to be
Community Development
During grubbing and
Standard
retained if resource identified during
Department
grading
professional
grading.
practices.
P:\Oscar\Santana Homes\EAMitig.Monit472.wpd
SUMMARY MITIGATION
MEASURES
RESPONSIBLE FOR
MONITORING
TIMING
CRITERIA
COMPLIANCE
CHECKED BY
DATE
IV. PALEONOLOGIC RESOURCES
Monitor to be on site during grading.
Community Development
During grubbing and
Standard
Department
grading
professional
practices.
Report to be filed by monitor.
Community Development
Department
Prior to any occupancy
Standard
professional
practices.
SUMMARY MITIGATION
MEASURES
RESPONSIBLE FOR
MONITORING
TIMING
CRITERIA
COMPLIANCE
CHECKED BY
DATE
IV. NOISE
Construction staging and equipment
Building Department
During construction
Site Inspections
to be located away from residences
in Phases 2-4
Adhere to City construction hours
Building Department
During Construction
Site Inspection
C,J
P:\Oscar\Santana Homes\EAMitig.Monit472.wpd
RESOLUTION 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING DESIGN
GUIDELINES AND DEVELOPMENT STANDARDS FOR A
79.21 ACRE SINGLE FAMILY RESIDENTIAL SUBDIVISION
LOCATED AT THE SOUTHWEST CORNER OF AVENUE 52
AND MONROE STREET
CASE NO.: SPECIFIC PLAN 2003-064
APPLICANT: DESERT ELITE
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 10th day of June, 2003, hold a duly noticed Public Hearing to consider
Specific Plan 2003-064, to allow the development of a 79.21 acre single family
residential subdivision, located at the southwest corner of Avenue 52 and Monroe
Street, and more particularly described as:
APN's 767-200-004 and 767-200-005
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard, said
Planning Commission did make the mandatory findings of approval to adopt Resolution
2003- 039, recommending City Council approve Specific Plan 2003-064; and
WHEREAS, said Specific Plan has complied with the requirements of "The
Rules to Implement the California Environmental Quality Act of 1970" as amended
(Resolution 83-63), in that an Environmental Assessment (EA 2003-472) was prepared
for Specific Plan 2003-064 and found that although the proposed project will have
environmental impacts, all impacts can be mitigated to a less than significant level; and
WHEREAS, the City Council of the City of La Quinta, California, did on
the 1 st day of July, 2003, hold a duly noticed Public Hearing to consider Specific Plan
2003-064, to allow the development of a 79.21 acre single family residential
subdivision; 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 Specific Plan 2003-064:
1. The proposed Specific Plan is consistent with the goals and policies of the La
Quinta General Plan in that the project has been designated for Low Density
Residential with equestrian amenities.
r2 ►" 19
J i I
City Council Resolution 2003-_
Specific Plan 2003-064 — Desert Elite
Adopted: July 1, 2003
2. This Specific Plan will not create conditions materially detrimental to the public
health, safety, and welfare in that the development allowed under the Specific
Plan is compatible with existing uses and the development standards contained
in the Specific Plan will ensure high quality development.
3. That the Specific Plan is compatible with the existing and anticipated area
development in that the project is to be located on land designated as Low
Density Residential.
4. That the project will be provided with adequate utilities and public services to
ensure public health and safety.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
1. That the above recitations are true and constitute the findings of the City
Council in this case;
2. That it does hereby confirm the conclusion that Environmental Assessment
2001-436 assessed the environmental concerns of the Specific Plan; and,
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council held on this 1 st day of July, 2003, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
3'7
City Council Resolution 2003-_
Specific Plan 2003-064 — Desert Elite
Adopted: July 1, 2003
ATTEST:
JUNE GREEK, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
CITY COUNCIL RESOLUTION 2003-_
CONDITIONS OF APPROVAL — RECOMMENDED
SPECIFIC PLAN 2003-064
DESERT ELITE — RANCHO SANTANA
ADOPTED: JULY 1, 2003
LANDSCAPING
1 . Front yard landscaping shall consist of two trees (i.e., a minimum 1.5 inch caliper
measured three feet up from grade level after planting), ten 5-gallon shrubs, and
groundcover. Palm trees may count as a shade tree if the trunk is six feet tall. Double
lodge poles (two-inch diameter) shall be used to stake trees. All shrubs and trees shall
be irrigated by bubbler or emitters. To encourage water conservation, no more than
50% of the front yard landscaping shall be devoted to turf. Future home buyers shall
be offered an option to have no turf areas in their front yard through the use of
desertscape materials.
2. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed
within 18 inches of street curbs.
3. Once the trees have been delivered to the site for installation, afield inspection by the
Community Development Department is required before planting to insure they meet
minimum size and caliper requirements.
4. Prior to issuance of the first Certificate of Occupancy, the applicant shall complete the
landscaping and gates. The perimeter wall along Avenue 52 shall be installed prior to
the first phase of development.
PAOscar\Santana Homes= SPCOA.doc
RESOLUTION 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION
OF ±79.21 ACRES INTO 201 NUMBERED LOTS AND 26
LETTERED LOTS
CASE NO.: TENTATIVE TRACT MAP 31202
APPLICANT: DESERT ELITE
WHEREAS, the Planning Commission of the City of La Quinta, California,
did, on the 10th day of June, 2003 hold a duly noticed Public Hearing to consider a
request by Desert Elite for approval of a Tentative Tract Map to subdivide ±79.21
acres into 201 numbered lots and 26 lettered lots, generally located at the southwest
corner of Avenue 52 and Monroe Street, more particularly described as follows:
APNs: 767-200-004 and 767-200- 005.
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be heard, said
Planning Commission did make the mandatory findings to adopt Resolution 2003-040
recommending the City Council approve Tentative Tract Map 31202:
WHEREAS, said Tentative Tract Map 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 conducted an Initial Study (Environmental Assessment 2003-472),
and determined that the proposed Tentative Tract Map will not have a significant
impact on the environment and a Mitigated Negative Declaration of environmental
impact has been certified; and
WHEREAS, the City Council of the City of La Quinta, California, did, on
the 1 st day of July, 2003 hold a duly noticed Public Hearing to consider a request by
Desert Elite for approval of a Tentative Tract Map to subdivide ±79.21 acres into 201
numbered lots and 26 lettered lots;
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 make the following mandatory findings approving said Tentative Tract
Map 31202:
1 . Consistency with the General Plan: The property is designated for Low Density
Residential uses on the General Plan Land Use Map. The project is consistent
with the goals, policies and intent of the General Plan insofar as low density
residential with equestrian amenities is consistent with the land use designation
of the City.
,7
City Council Resolution 2003-
Tentative Tract Map 31202 - Desert Elite
Adopted: July 1, 2003
2. Consistency with the Zoning Code: With the Specific Plan, the proposed project
is consistent with the development standards of the Low Density
(Agriculture/Equestrian Overlay) Residential Zoning District, including, but not
limited to, setbacks, architecture, building heights, building mass, exterior
lighting, parking, circulation, open space and landscaping.
3. Compliance with the California Environmental Quality Act (CEQA): The design of
the subdivision and the proposed improvements are not likely to either cause
substantial environmental damage or substantially injure fish and wildlife or their
habitat. The proposed project is consistent with the requirements of CEQA, in
that Environmental Assessment 2003-472 was prepared for this project with a
recommendation for certification of a Mitigated Negative Declaration of
environmental impact. Mitigation measures are included in the Mitigated
Negative Declaration that reduces impacts to less than significant levels.
4. Design Improvements: The design of the subdivision and/or the type of
improvements are not likely to cause serious public health problems in that the
site is physically suitable for the subdivision. Infrastructure improvements
(water, sewer, gas, electricity, etc.) will serve the site as required.
5. Easements/Access: The design of the subdivision will not conflict with the
easements, acquired by the public at large, for access through, or use of
property, within the proposed subdivision in that adequate roadways will be
provided to meet the intent of the Circulation Element of the General Plan.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
1 . That the above recitations are true and correct and constitute the findings of the
City Council for this Tentative Tract Map;
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 1 st day of July, 2003, by the following vote, to wit:
AYES:
NOES:
P:\OSCAR\SANTANA HOMES= RESO TTM 31202.130C
3 ";
City Council Resolution 2003-
Tentative Tract Map 31202 - Desert Elite
Adopted: July 1, 2003
ABSENT:
ABSTAIN:
DON ADOLPH, 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:\OSCAR\SANTANA HOMES= RESO TTM 31202.DOC
377
CITY COUNCIL RESOLUTION 2003-
CONDITIONS OF APPROVAL - RECOMMENDED
TENTATIVE TRACT MAP 31202
DESERT ELITE - RANCHO SANTANA
ADOPTED: JULY 1, 2003
GENERAL
1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta
("City"), its agents, officers and employees from any claim, action or proceeding to
attack, set aside, void, or annul the approval of this Tentative Tract Map, or any
Final Map recorded thereunder. The City shall have sole discretion in selecting its
defense counsel.
The City shall promptly notify the applicant of any claim, action or proceeding and
shall cooperate fully in the defense.
2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply
with the requirements and standards of Government Code § § 66410 through
66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal
Code ("LQMC").
The City of La Quinta's Municipal Code can be accessed on the City's Web Site at
www.la-quinta.org.
3. Prior to the issuance of any grading, construction, or building permit by the City,
the applicant shall obtain the necessary clearances and/or permits from the
following agencies:
• Fire Marshal
• Public Works Department (Grading Permit, Improvement Permit)
• Community Development Department
• Riverside Co. Environmental Health Department
• Coachella Valley Unified School District
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
• SunLine Transit Agency
The applicant is responsible for all requirements of the permits and/or clearances
from the above listed agencies. When the requirements include approval of
improvement plans, the applicant shall furnish proof of such approvals when
submitting those improvements plans for City approval.
3'7 S
PAOscar\Santana Homes= TT31202COAF.doc
City Council Resolution 2003-_
Conditions of Approval — Recommended
Desert Elite — Rancho Santana
Adopted: July 1, 2003
4. The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management
and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside
County Ordinance No. 457; and the State Water Resources Control Board's Order
No. 99-08-DWQ .
A. For construction activities including clearing, grading or excavation of land
that disturbs five (5) acres or more of land, or that disturbs less than five (5)
acres of land, but which is a part of a construction project that
encompasses more than five (5) acres of land, the Permitee shall be required
to submit a Storm Water Pollution Protection Plan ("SWPPP").
B. The applicant's SWPPP shall be approved by the City Engineer prior to any
on or off -site grading being done in relation to this project.
C. The applicant shall ensure that the required SWPPP is available for
inspection at the project site at all times through and including acceptance
of all improvements by the City.
D. The applicant's SWPPP shall include provisions for all of the following Best
Management Practices ("BMPs") (8.70.020 (Definitions), LQMC):
1. Temporary Soil Stabilization (erosion control).
2. Temporary Sediment Control.
3. Wind Erosion Control.
4. Tracking Control.
5. Non -Storm Water Management.
6. Waste Management and Materials Pollution Control.
E. All erosion and sediment control BMPs proposed by the applicant shall be
approved by the City Engineer prior to any onsite or offsite grading,
pursuant to this project.
F. The approved SWPPP and BMPs shall remain in effect for the entire duration
of project construction until all improvements are completed and accepted
by the City.
5. Permits issued under this approval shall be subject to the provisions of the
Infrastructure Fee Program and Development Impact Fee program in effect at the
time of issuance of building permit(s).
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City Council Resolution 2003-_
Conditions of Approval — Recommended
Desert Elite — Rancho Santana
Adopted: July 1, 2003
PROPERTY RIGHTS
6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements
and other property rights necessary for the construction or proper functioning of
the proposed development. Conferred rights shall include irrevocable offers to
dedicate or grant access easements to the City for emergency services and for
maintenance, construction and reconstruction of essential improvements.
7. The public street right-of-way offers for dedication required for this development
include:
A. PUBLIC STREETS
1) Avenue 52 (Primary Arterial - A) - The standard 55 feet from the
centerline of Avenue 52 for a total 1 10-foot ultimate developed right
of way except for an additional right of way dedication for a dual left
turn lane 0 2 feet each, 24 feet total; length to be determined by a
traffic study), two through eastbound lanes (12 feet each, 24 feet
total), a 8-foot bike lane, and a deceleration/right turn only lane (12
feet wide and 100 feet long) at the intersection. The right of way
dedication shall be 63 feet from the centerline and 100 feet long plus
a variable dedication of an additional 50 feet to accommodate the
curb transition of the deceleration/right turn only lane. Monroe Street
(Primary Arterial -A) - 55 feet from the centerline of Monroe Street
for a total 1 10-foot ultimate developed right of way; additional 25
foot dedication will be required measured from the existing 30 foot
right of way along Monroe Street.
8. The applicant shall retain for private use on the Final Map all private street right-of-
ways in conformance with the City's General Plan, Municipal Code, applicable
specific plans, and/or as required by the City Engineer.
9. The private street right-of-ways to be retained for private use required for this
development include:
A. PRIVATE STREETS
1) Streets "A" through "L" - All onsite streets, except in the entry gate
area, shall have right of way retained to accommodate a 36-foot
travel width (measured at the gutter flow line) plus additional width
to the back of the approved curb design. In the entry gate area, the
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City Council Resolution 2003-_
Conditions of Approval — Recommended
Desert Elite - Rancho Santana
Adopted: July 1, 2003
right of way width shall be wider and adjusted as needed to
accommodate the median islands and travel way. Alternatively, the
applicant may construct the narrower street that is detailed on the
tentative map if the applicant records a no on -street parking
requirement in the property CC&R's. The no -street parking
requirement shall be enforced by the HOA which may accommodate
occasional short interval parking via HOA issued permits and other
specific short term parking needs the HOA deems appropriate to
accommodate without a permit.
10. Right-of-way geometry for standard knuckles and property line corner cut -backs at
curb returns shall conform to Riverside County Standard Drawings #801, and
#805, respectively, unless otherwise approved by the City Engineer.
11. Dedications shall include additional widths as necessary for dedicated right and left
turn lanes, bus turnouts, and other features contained in the approved construction
plans.
12. When the City Engineer determines that access rights to the proposed street right-
of-ways shown on the approved Tentative Tract Map are necessary prior to
approval of the Final Map dedicating such right-of-ways, the applicant shall grant
the necessary right-of-ways within 60 days of a written request by the City.
13. The applicant shall offer for dedication on the Final Map a ten -foot wide public
utility easement contiguous with, and along both sides of all private streets. Such
easement may be reduced to five feet in width with the express written approval
of IID.
14. The applicant shall create perimeter landscaping setbacks along all public right-of-
ways as follows:
A. Avenue 52 and Monroe Street (Primary Arterial) - 20-foot from the R/W-P/L.
The listed setback depth shall be the average depth where a meandering wall
design is approved.
The setback requirements shall apply to all frontages including, but not limited to,
remainder parcels and sites dedicated for utility purposes.
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City Council Resolution 2003
Conditions of Approval — Recommended
Desert Elite - Rancho Santana
Adopted: July 1, 2003
Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks,
the applicant shall offer for dedication blanket easements for those purposes on
the Final Map.
15. The applicant shall offer for dedication those easements necessary for the
placement of, and access to, utility lines and structures, drainage basins, mailbox
clusters, park lands, and common areas on the Final Map.
16. Direct vehicular access to Avenue 52 and Monroe Street from any portion of the
site from frontage along Avenue 52 and Monroe Street are restricted, except for
those access points identified on the tentative tract map, or as otherwise
conditioned in these conditions of approval. The vehicular access restriction shall
be shown on the recorded final tract map.
17. The applicant shall furnish proof of easements, or written permission, as
appropriate, from those owners of all abutting properties on which grading,
retaining wall construction, permanent slopes, or other encroachments will occur.
18. When an applicant proposes the vacation, or abandonment, of any existing right-
of-way, or access easement, the recordation of the tract map is subject to the
Applicant providing an alternate right-of-way or access easement, to those
properties, or notarized letters of consent from the affected property owners.
19. The applicant shall cause no easement to be granted, or recorded, over any portion
of the subject property between the date of approval of the Tentative Tract Map
and the date of recording of any Final Map, unless such easement is approved by
the City Engineer.
FINAL MAPS
20. Prior to the City's approval of a Final Map, the applicant shall furnish accurate
AutoCAD files of the Final Map that was approved by the City's map checker on a
storage media acceptable to the City Engineer. Such files shall be in a standard
AutoCAD format so as to be fully retrievable into a basic AutoCAD program.
Where a Final Map was not produced in an AutoCAD format, or produced in a file
that can be converted to an AutoCAD format, the City Engineer will accept a
raster -image file of such Final Map.
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City Council Resolution 2003-_
Conditions of Approval — Recommended
Desert Elite — Rancho Santana
Adopted: July 1, 2003
IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as "engineer,"
"surveyor," and "architect," refer to persons currently certified or licensed to practice
their respective professions in the State of California.
21. Improvement plans shall be prepared by or under the direct supervision of qualified
engineers and/or architects, as appropriate, and shall comply with the provisions of
Section 13.24.040 (Improvement Plans), LQMC.
22. The following improvement plans shall be prepared and submitted for review and
approval by the City. A separate set of plans for each line item specified below
shall be prepared. The plans shall utilize the minimum scale specified, unless
otherwise authorized by the City Engineer in writing. Plans may be prepared at a
larger scale if additional detail or plan clarity is desired. Note, the applicant may be
required to prepare other improvement plans not listed here pursuant to
improvements required by other agencies and utility purveyors.
A.
Off -Site Street Plan: 1 " = 40'
Horizontal, 1 "
= 4' Vertical
The street improvement plans shall include permanent
traffic control and
separate plan sheet(s) (drawn at 20 scale)
that show the meandering
sidewalk, mounding, and berming design in
the combined
parkway and
landscape setback area.
B.
Off -Site Street Median Landscape Plan:
1 " = 20'
Horizontal
C.
Perimeter Landscape Plan:
1 " = 20'
Horizontal
D.
On -Site Street Plan
1 " = 40'
Horizontal
E.
On -Site Rough Grading/Drainage Plan:
1 " = 40'
Horizontal
Other engineered improvement plans prepared for City approval that are not listed
above shall be prepared in formats approved by the City Engineer prior to
commencing plan preparation.
All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all
existing improvements for a distance of at least 200-feet beyond the project limits,
or a distance sufficient to show any required design transitions.
"Rough Grading" plans shall normally include perimeter walls with Top Of Wall &
Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of
cover, or sufficient cover to clear any adjacent obstructions. In addition to the
normal set of improvement plans, a "Site Development" plan are required to be
submitted for approval by the Building Official and the City Engineer.
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City Council Resolution 2003-_
Conditions of Approval — Recommended
Desert Elite — Rancho Santana
Adopted: July 1, 2003
"Site Development" plans shall normally include all on -site surface improvements
including but not necessarily limited to finish grades for curbs & gutters, building
floor elevations, parking lot improvements and ADA requirements.
23. The City maintains standard plans, detail sheets and/or construction notes for
elements of construction. For a fee, established by City Resolution, the applicant
may purchase such standard plans, detail sheets and/or construction notes from
the City.
24. The applicant shall furnish a complete set of the AutoCAD files of all approved
improvement plans on a storage media acceptable to the City Engineer. The files
shall be saved in a standard AutoCAD format so they may be fully retrievable
through a basic AutoCAD program.
At the completion of construction, and prior to the final acceptance of the
improvements by the City, the applicant shall update the AutoCAD files in order to
reflect the as -built conditions.
Where the improvement plans were not produced in a standard AutoCAD format,
or a file format that can be converted to an AutoCAD format, the City Engineer
will accept raster -image files of the plans.
IMPROVEMENT SECURITY AGREEMENTS
25. Prior to approval of any Final Map, the applicant shall construct all on and off -site
improvements and satisfy its obligations for same, or shall furnish a fully secured
and executed Subdivision Improvement Agreement ("SIA") guaranteeing the
construction of such improvements and the satisfaction of its obligations for same,
or shall agree to any combination thereof, as may be required by the City.
26. Any Subdivision Improvement Agreement ("SIA") entered into by and between the
applicant and the City of La Quinta, for the purpose of guaranteeing the completion
of any improvements related to this Tentative Tract Map, shall comply with the
provisions of Chapter 13.28 (Improvement Security), LQMC.
27. Improvements to be made, or agreed to be made, shall include the removal of any
existing structures or other obstructions which are not a part of the proposed
improvements; and shall provide for the setting of the final survey monumentation.
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City Council Resolution 2003-_
Conditions of Approval — Recommended
Desert Elite — Rancho Santana
Adopted: July 1, 2003
When improvements are phased through a "Phasing Plan," or an administrative
approval (e.g., Site Development Permits), all off -site improvements and common
on -site improvements (e.g., backbone utilities, retention basins, perimeter walls,
landscaping and gates) shall be constructed, or secured through a SIA, prior to the
issuance of any permits in the first phase of the development, or as otherwise
approved by the City Engineer. Prior to issuance of the first Certificate of
Occupancy, the applicant shall complete the perimeter walls, landscaping and
gates.
Improvements and obligations required of each subsequent phase shall either be
completed, or secured through a SIA, prior to the completion of homes or the
occupancy of permanent buildings within such latter phase, or as otherwise
approved by the City Engineer.
In the event the applicant fails to construct the improvements for the development,
or fails to satisfy its obligations for the development in a timely manner, pursuant
to the approved phasing plan, the City shall have the right to halt issuance of all
permits, and/or final inspections, withhold other approvals related to the
development of the project, or call upon the surety to complete the improvements.
Depending on the timing of the development of this Tentative Tract Map, and the
status of the off -site improvements at the time, the applicant may be required
to:0) construct certain off -site improvements, (2) construct additional off -site
improvements, subject to the reimbursement of its costs by others, (3) reimburse
others for those improvements previously constructed that are considered to be an
obligation of this tentative tract map by others, or (4) to agree to any combination
of these means, as the City may require.
In the event that any of the improvements required for this development are
constructed by the City, the applicant shall, prior to the approval of the Final Map,
or the issuance of any permit related thereto, reimburse the City for the costs of
such improvements.
28. If the applicant elects to utilize the secured agreement alternative, the applicant
shall submit detailed construction cost estimates for all proposed on -site and off -
site improvements, including an estimate for the final survey monumentation, for
checking and approval by the City Engineer. Such estimates shall conform to the
unit cost schedule adopted by City resolution, or ordinance.
For items not listed in the City's unit cost schedule, the proposed unit costs shall
be approved by the City Engineer.
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City Council Resolution 2003
Conditions of Approval - Recommended
Desert Elite - Rancho Santana
Adopted: July 1, 2003
At the time the applicant submits its detailed construction cost estimates for
conditional approval of the Final Map by the City Council, the applicant shall also
submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map,
along with a copy of an 8-1 /2" x 11 " Vicinity Map.
Estimates for improvements under the jurisdiction of other agencies shall be
approved by those agencies and submitted to the City along with the applicant's
detailed cost estimates.
Security will not be required for telephone, natural gas, or Cable T.V.
improvements.
GRADING
29. The applicant shall comply with the provisions of Section 13.24.050 (Grading
Improvements), LQMC.
30. Prior to occupancy of the project site for any construction, or other purposes, the
applicant shall obtain a grading permit approved by the City Engineer.
31. To obtain an approved grading permit, the applicant shall submit and obtain
approval of all of the following:
A. A grading plan prepared by a qualified engineer or architect,
B. A preliminary geotechnical ("soils") report prepared by a qualified engineer,
C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16,
(Fugitive Dust Control), LQMC, and
D. A Best Management Practices report prepared in accordance with Sections
8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm
Management and Discharge Controls), LQMC.
All grading shall conform to the recommendations contained in the Preliminary
Soils Report, and shall be certified as being adequate by a soils engineer, or by an
engineering geologist.
A statement shall appear on the Final Map that a soils report has been prepared in
accordance with the California Health & Safety Code § 17953.
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City Council Resolution 2003-_
Conditions of Approval — Recommended
Desert Elite — Rancho Santana
Adopted: July 1, 2003
The applicant shall furnish security, in a form acceptable to the City, and in an
amount sufficient to guarantee compliance with the approved Fugitive Dust Control
Plan provisions as submitted with its application for a grading permit.
32. The applicant shall maintain all open graded, undeveloped land in order to prevent
wind and/or water erosion of such land. All open graded, undeveloped land shall
either be planted with interim landscaping, or stabilized with such other erosion
control measures, as were approved in the Fugitive Dust Control Plan.
33. Grading within the perimeter setback and parkway areas shall have undulating
terrain and shall conform with the requirements of LQMC Section 9.60.240(F)
except as otherwise modified by this condition requirement. The maximum slope
shall not exceed 3:1 anywhere in the landscape setback area, except for the
backslope (ie the slope at the back of the landscape lot) which shall not exceed
2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet
adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is
within six (6) of the curb, otherwise the maximum slope within the right of way
shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be
depressed one and one-half inches (1.5") in the first eighteen inches (18") behind
the curb.
34. Building pad elevations on the rough grading plan submitted for City Engineer's
approval shall conform with pad elevations shown on the tentative map, unless the
pad elevations have other requirements imposed elsewhere in these Conditions of
Approval.
35. Building pad elevations of perimeter lots shall not differ by more that one foot from
the building pads in adjacent developments. Where compliance within the above
stated limits is impractical, the City may consider alternatives that are shown to
minimize safety concerns, maintenance difficulties and neighboring -owner
dissatisfaction with the grade differential.
36. Prior to any site grading or regrading that will raise or lower any portion of the site
by more than plus or minus three tenths of a foot from the elevations shown on
the approved Tentative Tract Map, the applicant shall submit the proposed grading
changes to the City Staff for a substantial conformance finding review.
37. Prior to the issuance of a building permit for any building lot, the applicant shall
provide a lot pad certification stamped and signed by a qualified engineer or
surveyor.
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City Council Resolution 2003-_
Conditions of Approval — Recommended
Desert Elite — Rancho Santana
Adopted: July 1, 2003
Each pad certification shall list the pad elevation as shown on the approved
grading plan, the actual pad elevation and the difference between the two, if any.
Such pad certification shall also list the relative compaction of the pad soil. The
data shall be organized by lot number, and listed cumulatively if submitted at
different times.
nRAINA(-,F
38. The applicant shall comply with the provisions of Section 13.24.120 (Drainage),
LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on
site during the 100 year storm shall be retained within the development, unless
otherwise approved by the City Engineer. The tributary drainage area shall extend
to the centerline of adjacent public streets. The design storm shall be either the 3
hour, 6 hour or 24 hour event producing the greatest total run off.
39. In design of retention facilities, the maximum percolation rate shall be two inches
per hour. The percolation rate will be considered to be zero unless the applicant
provides site specific data indicating otherwise.
40. Nuisance water shall be retained on site. In residential developments, nuisance
water shall be disposed of in a trickling sand filter and leach field approved by the
City Engineer. The sand filter and leach field shall be designed to contain surges of
up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft.
41. The project shall be designed to accommodate purging and blowoff water (through
underground piping and/or retention facilities) from any on -site or adjacent well
sites granted or dedicated to the local water utility authority as a requirement for
development of this property.
42. No fence or wall shall be constructed around any retention basin unless approved
by the Community Development Director and the City Engineer.
43. For on -site common retention basins, retention depth shall be according to
Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be
planted with maintenance free ground cover.
44. Stormwater may not be retained in landscaped parkways or landscaped setback
lots Only incidental storm water (precipitation which directly falls onto the
setback) will be permitted to be retained in the landscape setback areas. The
perimeter setback and parkway areas in the street right-of-way shall be shaped,,,
with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. s's°
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City Council Resolution 2003-_
Conditions of Approval — Recommended
Desert Elite — Rancho Santana
Adopted: July 1, 2003
45. The design of the development shall not cause any increase in flood boundaries,
levels or frequencies in any area outside the development.
46. The development shall be graded to permit storm flow in excess of retention
capacity to flow out of the development through a designated overflow and into
the historic drainage relief route.
47. Storm drainage historically received from adjoining property shall be received and
retained or passed through into the historic downstream drainage relief route.
48. When an applicant proposes discharge of storm water directly, or indirectly, into
the Coachella Valley Stormwater Channel, the applicant shall indemnify the City
from the costs of any sampling and testing of the development's drainage
discharge which may be required under the City's NPDES Permit or other City- or
area -wide pollution prevention program, and for any other obligations and/or
expenses which may arise from such discharge. The indemnification shall be
executed and furnished to the City prior to the issuance of any grading,
construction or building permit, and shall be binding on all heirs, executors,
administrators, assigns, and successors in interest in the land within this tentative
parcel map excepting there from those portions required to be dedicated or deeded
for public use. The form of the indemnification shall be acceptable to the City
Attorney. If such discharge is approved for this development, the applicant shall
make provisions in the final development CC&Rs for meeting these potential
obligations.
UTILITIES
49. The applicant shall comply with the provisions of Section 13.24.110 (Utilities),
LQMC.
50. The applicant shall obtain the approval of the City Engineer for the location of all
utility lines within any right-of-way, and all above -ground utility structures
including, but not limited to, traffic signal cabinets, electric vaults, water valves,
and telephone stands, to ensure optimum placement for practical and aesthetic
purposes.
51. Existing overhead utility lines within, or adjacent to the proposed development, and
all proposed utilities shall be installed underground.
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City Council Resolution 2003
Conditions of Approval - Recommended
Desert Elite - Rancho Santana
Adopted: July 1, 2003
All existing utility lines attached to joint use 92 KV transmission power poles are
exempt from the requirement to be placed underground.
52. Underground utilities shall be installed prior to overlying hardscape. For installation
of utilities in existing improved streets, the applicant shall comply with trench
restoration requirements maintained, or required by the City Engineer.
The applicant shall provide certified reports of all utility trench compaction for
approval by the City Engineer.
STREET AND TRAFFIC IMPROVEMENTS
53. The applicant shall comply with the provisions of Sections 13.24.060 (Street
Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For
Individual Properties And Development), LQMC for public streets; and Section
13.24.080 (Street Design - Private Streets), where private streets are proposed.
54. Streets shall have vertical curbs or other approved curb configurations that will
convey water without ponding, and provide lateral containment of dust and residue
during street sweeping operations. If a wedge or rolled curb design is approved,
the lip at the flowline shall be near vertical with a 1 /8" batter and a minimum
height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb
height prior to final inspection of permanent building(s) on the lot.
55. The applicant shall construct the following street improvements to conform with
the General Plan street type noted in parentheses.
A OFF -SITE STREETS
1) Avenue 52 (Primary Arterial - A):
The standard 55 feet from the centerline of Avenue 52 for a total
110 foot ultimate developed right of way, except for an additional
right of way dedication at the Monroe Street intersection of 64 feet
from the centerline and 100 feet long plus a variable dedication of an
additional 50 feet to accommodate improvements conditioned under
Street and Traffic Improvements.
Widen the south side of the street along the Tentative Tract
boundary to its ultimate half street width specified in the General
Plan and requirements of these conditions listed below. Rehabilitate
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City Council Resolution 2003-_
Conditions of Approval — Recommended
Desert Elite — Rancho Santana
Adopted: July 1, 2003
and/or reconstruct existing roadway pavement as necessary to
augment and convert it from a rural county -road design standard to
La Quinta's urban arterial design standard. Street widening
improvements shall include all appurtenant components such as, but
not limited to, curb, gutter, traffic control striping, legends, and
signs, except for streetlights.
Construct a 66-foot roadway intersection improvements (4-foot
median nose, travel width to include two 10-foot left turn lanes, two
12-foot eastbound through lanes, 8-foot bike lane and 10-foot
deceleration/right turn only lane, excluding curbs).
Construct half width of an18-foot wide raised landscaped median
along the entire boundary of the Tentative Tract Map plus variable
width as needed to accommodate a dual left turn pocket for the
eastbound traffic at Avenue 52 and a left turn in only lane at the
main entry. The curb on the existing centerline shall be asphalt
concrete.
Construct a 6-foot meandering sidewalk. The meandering sidewalk
shall have an arrhythmic horizontal layout that utilizes concave and
convex curves with respect to the curb line that either touches the
back of curb or approaches within five feet of the curb at intervals
not to exceed 250 feet.
The sidewalk curvature radii should vary between 50 and 300 feet,
and at each point of reverse curvature, the radius should change to
assist in creating the arrhythmic layout. The sidewalk shall meander
into landscape setback lot and approach within 2 feet of the
proposed multi -purpose trail.
Construct a 10-foot multi -purpose trail as approved by the City
Engineer.
Applicant is responsible for 25% of the cost to design and install the
traffic signal at the Avenue 52 and Monroe Street intersection. This
condition will be waived by the City if the developer submits a traffic
signal warrant study that demonstrates the subject intersection will
not meet warrants for a signal, under future community build -out
conditions, as a result of traffic generated by this development.
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City Council Resolution 2003-_
Conditions of Approval — Recommended
Desert Elite - Rancho Santana
Adopted: July 1, 2003
2) Monroe Street (Primary Arterial; 110' R/W):
Widen the west side of the street along the Tentative Tract boundary
to its ultimate half street width specified in the General Plan and
requirements of these conditions listed below. Rehabilitate and/or
reconstruct existing roadway pavement as necessary to augment and
convert it from a rural county -road design standard to La Quinta's
urban arterial design standard. Street widening improvements shall
include all appurtenant components such as, but not limited to, curb,
gutter, traffic control striping, legends, and signs, except for street
lights.
Construct 34-foot roadway improvements to comply with the General
Plan (travel way, excluding curbs).
Construct half width of an18-foot wide raised landscaped median
along the entire boundary of the Tentative Tract Map plus variable
width as needed to accommodate a dual left turn pocket for the
westbound traffic at Avenue 52 and full movements at the entry. The
curb on the existing centerline shall be asphalt concrete.
Construct a 6-foot meandering sidewalk. The meandering sidewalk
shall have an arrhythmic horizontal layout that utilizes concave and
convex curves with respect to the curb line that either touches the
back of curb or approaches within five feet of the curb at intervals
not to exceed 250 feet.
The sidewalk curvature radii should vary between 50 and 300 feet,
and at each point of reverse curvature, the radius should change to
assist in creating the arrhythmic layout. The sidewalk shall meander
into landscape setback lot and approach within 2 feet of the
proposed multi -purpose trail.
Construct a 10-foot multi -purpose trail as approved by the City
Engineer.
The applicant shall install a traffic signal at the project's entry on
Monroe Street when warrants are met. Applicant is responsible for
50 % of the cost to design and install the traffic signal if
complementing cost share from development on the other side of
street is available at time the signal is required. Applicant shall enter
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City Council Resolution 2003-_
Conditions of Approval — Recommended
Desert Elite — Rancho Santana
Adopted: July 1, 2003
into an improvement agreement and post security for 100% of the
cost to design and install the traffic signal prior to issuance of an on -
site grading permit; the security shall remain in full force and effect
until the signal is actually installed by the applicant or the developer
on the other side of the street. If the land on the other side of the
street does not have an approved project connecting to the subject
intersection, the applicant shall pay 100% of the cost to design and
install the signalization for the resulting "T" intersection. If, however,
the applicant's development trails the progress of the development on
the other side of the street, the applicant shall be responsible for
50% of the cost as previously stated.
B) PRIVATE STREETS
1 . Construct full 36-foot wide travel width improvements as shown on
the tentative map measured from gutter flow line to gutter flow line
within the approved right-of-way where the residential streets are
double loaded. Alternatively, the applicant may construct the
narrower street that is detailed on the tentative map if the applicant
records a no on -street parking requirement in the property CC&R's.
The no -street parking requirement shall be enforced by the HOA
which may accommodate occasional short interval parking via HOA
issued permits and other specific short term parking needs the HOA
deems appropriate to accommodate without a permit.
56. All gated entries shall provide for a two -car minimum stacking capacity for inbound
traffic; and shall provide for a full turn -around outlet for non -accepted vehicles.)
Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a
scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain
entry into the development can safely make a "U" Turn back out onto the main
street from the gated entry.
Two lanes of traffic shall be provided on the entry side of each gated entry, one
lane shall be dedicated for residents, and one lane for visitors.
Entry drives, main interior circulation routes, standard knuckles, corner cutbacks,
bus turnouts, dedicated turn lanes and other features shown on the approved
construction plans, may require additional street widths as may be determined by
the City Engineer.
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City Council Resolution 2003-_
Conditions of Approval — Recommended
Desert Elite — Rancho Santana
Adopted: July 1, 2003
57. The applicant shall design street pavement sections using CalTrans' design
procedure for 20-year life pavement, and the site -specific data for soil strength and
anticipated traffic loading (including construction traffic). Minimum structural
sections shall be as follows:
Residential 3.0" a.c./4.50" c.a.b.
Primary Arterial 4.5" a.c./6.00" c.a.b.
or the approved equivalents of alternate materials.
58. The applicant shall submit current mix designs (less than two years old at the time
of construction) for base, asphalt concrete and Portland cement concrete. The
submittal shall include test results for all specimens used in the mix design
procedure. For mix designs over six months old, the submittal shall include recent
(less than six months old at the time of construction) aggregate gradation test
results confirming that design gradations can be achieved in current production.
The applicant shall not schedule construction operations until mix designs are
approved.
59. General access points and turning movements of traffic are limited to the following:
A. Avenue 52 Primary Entry (approximately 1200 feet west of Monroe Street):
right turn in, right turn out, and left turn in from Avenue 52 into the site.
Left turn out from the entry is prohibited. The left turn out prohibition will
be waived if the property owner on the north side of Avenue 52 revises the
onsite traffic circulation system on the north side to eliminate the full turn
access located 1,950 feet west of Monroe Street, provided the City of Indio
consents to the revised circulation system.
B. Avenue 52 Secondary Entry (emergency access) (west end of the Tentative
Tract Map): right turn in and right turn out. Left turn out and left turn in are
prohibited.
C. Monroe Street (Located approximately 1,200 feet south of Avenue 52): Full
turn movement is allowed.
D. In addition to the allowable turning movements and restrictions noted in
paragraphs A, B, & D, the Avenue 52 median shall accommodate the
following turning movements serving properties on the north side of the
street located in the City of Indio:
PAOscar\Santana Homes\CC TT31202COAF.doc age 17 of 22
City Council Resolution 2003-_
Conditions of Approval — Recommended
Desert Elite — Rancho Santana
Adopted: July 1, 2003
1.) Full -turn access serving the multi -purpose property where it connects
to Avenue 52 one thousand non -hundred fifty (1,950) feet west of
Monroe Street; and
2.) Left turn only into the property (no left turn out) where it connects to
Avenue 52, seven hundred twenty (720) feet west of Monroe Street.
60. Improvements shall include appurtenances such as traffic control signs, markings
and other devices, raised medians if required, street name signs and sidewalks.
Mid -block street lighting is not required.
61. Improvements shall be designed and constructed in accordance with City adopted
standards, supplemental drawings and specifications, or as approved by the City
Engineer. Improvement plans for streets, access gates and parking areas shall be
stamped and signed by qualified engineers.
62. Standard knuckles and corner cut -backs shall conform to Riverside County
Standard Drawings #801 and #805, respectively, unless otherwise approved by
the City Engineer.
63. The applicant shall extend improvements beyond the subdivision boundaries to
ensure they safely integrate with existing improvements.
CONSTRUCTION
64. The City will conduct final inspections of habitable buildings only when the
buildings have improved street and (if required) sidewalk access to publicly -
maintained streets. The improvements shall include required traffic control
devices, pavement markings and street name signs. If on -site streets in residential
developments are initially constructed with partial pavement thickness, the
applicant shall complete the pavement prior to final inspections of the last ten
percent of homes within the development or when directed by the City, whichever
comes first.
LANDSCAPING
65. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) &
13.24.140 (Landscaping Plans), LQMC.
66. The applicant shall provide landscaping in the required setbacks, retention basins,
common lots and park areas. 3Jnn
5
P:\Oscar\Santana Homes= TT31202COAF.doc age 18 of22
City Council Resolution 2003-_
Conditions of Approval — Recommended
Desert Elite — Rancho Santana
Adopted: July 1, 2003
67. Landscape and irrigation plans for landscaped lots and setbacks, medians,
retention basins, and parks shall be signed and stamped by a licensed landscape
architect.
The applicant shall submit the landscape plans for approval by the Community
Development Department (CDD), prior to plan checking by the Public Works
Department. When plan checking has been completed by CDD, the applicant shall
obtain the signatures of CVWD and the Riverside County Agricultural
Commissioner, prior to submittal for signature by the City Engineer.
NOTE: Plans are not approved for construction until signed by the City Engineer.
68. Landscape areas shall have permanent irrigation improvements meeting the
requirements of the City Engineer. Use of lawn areas shall be minimized with no
lawn, or spray irrigation, being placed within 18 inches of curbs along public
streets.
69. Front yard landscaping shall consist of two trees (i.e., a minimum 1.5 inch caliper
measured three feet up from grade level after planting), ten 5-gallon shrubs, and
groundcover. Palm trees may count as a shade tree if the trunk is six feet tall.
Double lodge poles (two-inch diameter) shall be used to stake trees. All shrubs
and trees shall be irrigated by bubbler or emitters. To encourage water
conservation, no more than 50% of the front yard landscaping shall be devoted to
turf. Future home buyers shall be offered an option to have no turf areas in their
front yard through the use of desertscape materials.
70. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being
placed within 18 inches of street curbs.
71. Once the trees have been delivered to the site for installation, a field inspection by
the Community Development Department is required before planting to insure they
meet minimum size and caliper requirements.
72. Prior to issuance of the first Certificate of Occupancy, the applicant shall complete
the parkway landscaping along Avenue 52. The perimeter walls and gates shall be
completed with the first phase of development.
PUBLIC SERVICES
73. The applicant shall provide public transit improvements as required by SunLine
Transit Agency and approved by the City Engineer.
39v
P:\Oscar\Santana Homes= TT31202COAF.doc age 19of22
City Council Resolution 2003
Conditions of Approval - Recommended
Desert Elite - Rancho Santana
Adopted: July 1, 2003
QUALITY ASSURANCE
74. The applicant shall employ construction quality -assurance measures that meet with
the approval of the City Engineer.
75. The applicant shall employ, or retain, qualified engineers, surveyors, and such
other appropriate professionals as are required to provide the expertise with which
to prepare and sign accurate record drawings, and to provide adequate
construction supervision.
76. The applicant shall arrange for, and bear the cost of, all measurements, sampling
and testing procedures not included in the City's inspection program, but which
may be required by the City, as evidence that the construction materials and
methods employed comply with the plans, specifications and other applicable
regulations.
77. Upon completion of construction, the applicant shall furnish the City with
reproducible record drawings of all improvement plans which were approved by the
City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -
Constructed" and shall be stamped and signed by the engineer or surveyor
certifying to the accuracy and completeness of the drawings. The applicant shall
have all AutoCAD or raster -image files previously submitted to the City, revised to
reflect the as -built conditions.
MAINTENANCE
78. The applicant shall comply with the provisions of Section 13.24.160
(Maintenance), LQMC.
79. The applicant shall make provisions for the continuous and perpetual maintenance
of all private on -site improvements, perimeter landscaping, access drives, and
sidewalks.
FEES AND DEPOSITS
80. The applicant shall comply with the provisions of Section 13.24.180 (Fees and
Deposits), LQMC. These fees include all deposits and fees required by the City for
plan checking and construction inspection. Deposits and fee amounts shall be
those in effect when the applicant makes application for plan check and permits.
3 9'l
P:\Oscar\Santana Homes= TT31202COAF.doc age 20 of 22
City Council Resolution 2003-_
Conditions of Approval — Recommended
Desert Elite — Rancho Santana
Adopted: July 1, 2003
81. Permits issued under this approval shall be subject to the provisions of the
Infrastructure Fee Program and Development Impact Fee program in effect at the
time of issuance of building permit(s).
MISCELLANEOUS
82. Within 24 hours after review by the City Council, the property owner/developer
shall submit to the Community Development Department a check made out to the
County of Riverside in the amount of $64.00 to permit the filing and posting of the
Notice of Determination for EA 2003-472 as required by the California
Environmental Quality Act.
83. Prior to issuance of a Site Development Permit, the final Conditions of Approval
shall be incorporated in the Final Specific Plan document. Applicant shall work with
staff to correct internal document inconsistencies prior to final publication of five
copies of the Specific Plan document.
84. The applicant shall switch Lot 98 and Lot "L", as shown on Exhibit "A".
85. The applicant shall notify, in the disclosure documents, all property owners
immediately adjacent to well sites regarding their impacts (e.g. noise).
ENVIRONMENTAL
86. Prior to the issuance of a grading permit, building permit or any earth moving
activities for the project allowed in this specific plan, whichever comes first, the
property owner/developer shall prepare and submit a written report to the
Community Development Department demonstrating compliance with those
mitigation measures of Environmental Assessment 2003-472.
FIRE DEPARTMENT
87. For residential areas, approved standard fire hydrants, located at each intersection
and spaced 330 feet apart with no portion of any lot frontage more than 165 feet
from a hydrant. Minimum fire flow shall be 1000 GPM for a two hour duration at
20 PSI.
88. Blue dot retro-ref lectors shall be placed in the street eight inches from centerline to
the side that the fire hydrant is on, to identify fire hydrant locations.
89. Any turns require a minimum 38 foot turning radius.
39S
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City Council Resolution 2003-_
Conditions of Approval — Recommended
Desert Elite — Rancho Santana
Adopted: July 1, 2003
90. All structures shall be accessible from an approved roadway to within 150 feet of
all portions of the exterior of the first floor
91. Any roads exceeding 1320 feet must provide for secondary access/egress.
Access, may be restricted to emergency vehicles only, however public egress must
be unrestricted. .
92. The minimum dimension for access roads and gates is 20 feet clear and
unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height.
93. Any gate providing access from a public roadway to a private entry roadway shall
be located at least 35 feet setback from the roadway and shall open to allow a
vehicle to stop without obstructing traffic on the road. Where a one-way road
with a single traffic lane provides access to a gate entrance, a 38-foot turning
radius shall be used.
94. Gates shall be automatic, minimum 20 feet in width and shall be equipped with a
rapid entry system (KNOX). Plans shall be submitted to the Fire Department for
approval prior to installation. Automatic gate pins shall be rated with a shear pin
force, not to exceed 30 pounds. Gates activated by the rapid entry system shall
remain open until closed by the rapid entry system.
95. The required water system, including fire hydrants, shall be installed and accepted
by the appropriate water agency prior to any combustible building material being
placed on an individual lot. Two sets of water plans are to be submitted to the
Fire Department approval.
96. The applicant or developer shall prepare and submit to the Fire Department for
approval, a site plan designating required fire lanes with appropriate lane painting
and/or signs.
393
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ATTACHMENT #3
Planning Commission Minutes
June 10, 2003
11. It was moved and seconded by Commissioners els/Robbins to
adopt Planning Commission Resolution 200 6, recommending
approval of Tentative Tract Map 31289 s amended:
a. Condition #34.A.2: clari wording
b. Condition #44: ame to state front and rear yards
C. Condition #63: r uire a disclosure in the sales contract
regarding the mmercial property to the west of the site.
12. It was mov and seconded by Commissioners Abels/Tyler to
adopt Pla ing Commission Resolution 2003-037, recommending
appro 1 of Site Development Permit 2002-769, as
re mmended/amended:
a. Condition #3: add "final front and rear yards.
D. Environmental Assessment 2002-462, Specific Plan 20 -062, and Site
Development Permit 2002-754; a request of Inita Development
Company for 1) ) Certification of a Mitigate egative Declaration; 2)
review of development principles and sign guidelines fora 50,000
square foot market, 23,000 square t drug and retail store, and 20,970
square feet of retail shops.
1. Planning Mana Oscar Orci informed the Commission the
applicant ha equested a continuance to the meeting of June 24,
2003.
2. ere being no further discussion, it was moved and seconded by
Commissioners Kirk/Abets to continue project to June 24, 2003.
Unanimously approved.
E. Environmental Assessment 2003-472, Specific Plan 2003-064, and
Tentative Tract Map 31202; a request of Desert Elite for : 1) Certification
of a Mitigated Negative Declaration; 2) development principals and design
guidelines for a residential development; and 3) the subdivision of 79.21
acres into 202 single family homes, for the property located at the
southwest corner of Monroe Street and Avenue 52.
1. Chairman Butler opened the public hearing and asked for the staff
report. Planning Manager Oscar Orci presented the information
contained in the staff report, a copy of which is on file in the
Community Development Department.
2. Chairman Butler asked if there were any questions of staff. 400
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Planning Commission Minutes
June 10, 2003
Commissioner Tyler stated there was a difference in the staff
report and Specific Plan as to whether the houses will be one story
or two. Staff noted they are all single story and will be corrected
to reflect this. Commissioner Tyler asked that Condition #52.A.2.
be rewritten for more clarity. Also, Condition #56, two car
stacking does not seem like enough. Assistant City Engineer
Steve Speer stated the two car stack would be sufficient as they
would only be stacking guests and not residents. Commissioner
Tyler asked about the secondary access as it is not mentioned in
the Specific Plan. Staff stated this is an emergency access only
and they would be required to note this on the tract map and
Specific Plan. He suggested the last sentence of Condition #85
be deleted. Commissioner Tyler asked about the height of the
canopy trees and how much clearance would be needed for the
horse riders. Staff stated this would be reviewed when the
landscape plan was submitted. Commissioner Tyler asked
whether or not any consideration had been given to having a horse
crossing at the entrance on Avenue 52. Assistant City Engineer
Steve Speer stated that due to the existing driveways on the north
side of the street, there is no full turning movement at their main
entrance. The full turn is further to the west. Commissioner Tyler
noted changes that were to be made in the Specific Plan.
3. Commissioner Kirk asked if there was anything in the Specific Plan
that relaxed or significantly modified the existing Zoning Code
requirements. Staff noted the deviations were in the range of lot
sizes, the height of the houses, as well as setbacks. Staff also
asked that a condition be added to the Specific Plan on Pages 19-
46 to include the ranges of the proposed floor plans versus the
minimum Code requirement of 1,400 square feet. This gives a
range of 2,200 to 2,800 square feet as proposed by the
applicant's floor plans.
4. Commissioner Kirk asked that a condition be added to the Specific
Plan requiring 50 percent of the landscaping can be in turf.
5. Commissioner Robbins stated a well site will be required and
should be shown on the plan. Staff noted it will be located
somewhere on Lot 9 or 10. Commissioner Robbins asked that the
adjoining properties be given notification of its location.
6. Commissioner Tyler asked if there was a condition that the front
yard setbacks be staggered. Staff stated there was.
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Planning Commission Minutes
June 10, 2003
7. There being no further questions of staff, Chairman Butler asked if
the applicant would like to address the Commission. Mr. John
Pedalino, representing Desert Elite, stated that when the project
was designed, the General Plan and surrounding uses were taken
into consideration. The General Plan did call out 2-4 units per acre
with minimum lot sizes of 10,000 square feet. However, with the
existing setbacks and the way the General Plan was written, you
could put a 1,500 square foot home with a three car garage on the
lot. This was the reason for the deviation. If you take out the half
acre equestrian lots, you are averaging 10,600 square feet per lot.
If you include the half acre lots, it is 11.5. As to the minimum
livable area, they would like to have 2,000 square feet. The
houses will be staggered 4-6 feet, should the depth of the lots
allows this with the setbacks. The main access will be on Avenue
52. The gate will be set back to allow stacking for 4-5 cars. The
map shows the well site will be in the northeast corner of the site.
He asked that a condition be added, that during the first phase of
development, the perimeter block wall will be required to be
installed on Monroe Street and Avenue 52 during the first phase of
development and not the landscaping.
8. Commissioner Tyler asked when the landscaping would be
installed. Staff stated a condition could be added that it be before
the final of the first house.
9. Commissioner Kirk asked if the retention areas that back up to the
homes, would be an amenity or will there be a block wall. Mr.
Pedalino stated there will be a block wall, but the south and west
facing homes will have an opening to the retention area. They are
considering various uses for the retention area, but will make a
decision at a later date.
10. Commissioner Robbins asked the purpose of the easement on Lot
"M". Mr. Pedalino stated it is an easement for the irrigation lines.
Commissioner Robbins stated that if this is only a ten foot
easement to match what the existing easement is, it becomes
unworkable when you put block walls on either side. It turns into
a very narrow space that is unworkable to perform any
maintenance on and becomes an unmaintained area. The width
needs to be enlarged.
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Planning Commission Minutes
June 10, 2003
11. There being no further questions of the applicant, and no other
public comment, Chairman Butler closed the public participation
portion of the hearing and opened the issue for Commission
discussion.
12. Commissioner Robbins stated he liked the project overall, but the
Specific Plan needs to be clarified that if the developer is providing
front yard landscaping, then it should be reviewed in accordance
with the current landscaping standards.
13. Commissioner Kirk commended the applicant on the project. He
would like to have a condition added requiring the landscaping for
both the front yards and common areas be more drought resistant.
14. Commissioner Tyler stated he concurred with Commissioner
Robbin's statement about the easement and block wall on Lot
"M". Other than that it is a good project that he would support.
15. There being no further discussion, it was moved and seconded by
Commissioners Abels/Tyler to adopt Planning Commission
Resolution 2003-038 recommending Certification of a Mitigated
Negative Declaration of environmental impact for Environmental
Assessment 2003-472, as amended:
a. Environmental Assessment Addendem I.a.b.c.: amended to
state, "Homes will be no more than 22 feet high within the
150 image corridor setback..."
b. Addendum III.C.7 amended to state , "The perimeter block
wall shall be installed with the first phase of development
along Avenue 52 and Monroe Street.
ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and
Chairman Butler. NOES: None. ABSENT: None. ABSTAIN:
None.
16. It was moved and seconded by Commissioners Kirk/Robbins to
adopt Planning Commission Resolution 2003-039 recommending
approval of Specific Plan 2003-064, as amended:
a. Pages 19-46 of the Specific Plan shall be amended to state
the size of the floor plans for the homes will be 2000 to
2800 square feet and all units shall be one story.
b. Condition added: Front yard landscaping shall consist of
two trees (minimum 1.5 inch caliper measured three feet up
G:\WPDOCS\PC MIN UTES\6-10-27-03WD.DOC 9
Planning Commission Minutes
June 10, 2003
from grade level after planting), ten five gallon shrubs and
groundcover. Palm trees may count as a shade tree if the
trunk is six feet tall. Double lodge poles (2 inch diameter)
shall be used to stake trees. All shrubs and trees shall be
irrigated by bubbler or emitters. To encourage water
conservation no more than 50% of the front yard
landscaping shall be devoted to turf. Future home buyers
shall be offered an option to have no turf areas in their front
yard through the use of desertscape materials.
C. Condition added: Use of lawn areas shall be minimized with
no lawn or spray irrigation being placed within 18 inches of
street curbs.
d. Condition added: Once the trees have been delivered to the
site for installation, a field inspection by the Community
Development Department is required before planting to
insure they meet minimum size and caliper requirements.
e. Condition added: Prior to issuance of the first Certificate of
Occupancy, the applicant shall complete the perimeter
walls, landscaping and gates.
ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and
Chairman Butler. NOES: None. ABSENT: None. ABSTAIN:
None.
17. It was moved and seconded by Commissioners Abels/Robbins to
adopt Planning Commission Resolution 2003-040, recommending
approval of Tentative Tract Map 31202, as amended:
a. Condition D7.A.1 .: amended to read, "Avenue 52 (primary
Arterial — A) - The standard 55 feet from the centerline of
Avenue 52 for a total 110 foot ultimate developed right of
way except for an additional right of way dedication at the
Monroe Street intersection of 64 feet from the centerline
and 100 feet long plus a variable dedication of an additional
50 feet to accommodate improvements conditioned under
'STREET AND TRAFFIC IMPROVEMENTS'."
b. Condition #9.A.1. and #55.B.1.: Add the following:
"Alternatively, the applicant may construct the narrower
street that is detailed on the tentative map if the applicant
records a no on -street parking requirement in the property
CC&R's. The no on -street parking requirement shall be
enforced by the HOA which may accommodate occasional
short interval parking via HOA issued permits and other
specific short term parking needs the HOA deems -
G:\WPDOCS\PC MIN UTES\6-10-27-03WD.DOC 10
Planning Commission Minutes
June 10, 2003
appropriate to accommodate without a permit."
C.
Condition #55.A.1.: Amend the third paragraph to read:
"Construct 66 foot roadway intersection improvements (4
foot median nose and travel lane widths to include two 10
foot left turn lanes, two 12 foot eastbound through lanes, 8
foot bike/golf cart lane and 10 foot deceleration/right turn
only lane, excluding curbs)."
d.
Condition #55.A.2.: Add the following to the end of the
paragraph, "This condition will be waived by the City if the
developer submits a traffic signal warrant study that
demonstrates the subject intersection will not meet
warrants for a signal, under future community building -out
conditions, as a result of traffic generated by this
development."
e.
Condition #59.A." Add to the end of the condition, "The
left turn out prohibition will be waived if the property owner
on the north side of Avenue 52 revises the onsite traffic
circulation system on the north side to eliminate the full turn
access located 1,950 feet west of Monroe Street, provided
the City of Indio consents to the revised circulation
system."
f.
Condition #59.D.: Add, "In addition to the allowable
turning movements and restrictions noted in paragraphs A,
B, & D the Avenue 52 median shall accommodate the
following turning movements serving properties o the north
side of the street located in the City of Indio:
1.) Full turn access serving the equestrian property
where it connects to Avenue 52, one thousand nine -
hundred fifty (1,950) feet west of Monroe Street;
and
2.) Left turn only in to the property (no left turn out)
where it connects to Avenue 52, seven hundred
twenty (720) feet west of Monroe Street.
g.
Condition #85: Delete the last sentence.
h.
Condition added: Lot L shall be switched with Lot 98 for
the retention basin.
i.
Condition added: A disclosure shall be added to the sales
agreement regarding the location of the well site.
j.
Condition added: Applicant shall work with staff to obtain
an equestrian crossing for Avenue 52.
ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and
Chairman Butler. NOES: None. ABSENT: None. ABSTAIN:
None. r-
4U:J
G:\WPDOCS\PC MIN UTES\6-10-27-03WD.DOC 11
06 , 24: 03 TUE 14 : 02 FAT i 60 342 6556 CITY OF INDIO ATTACHMENT #4
CITY OF INDIO
INCORPORATED 1930
Jerry Herman June 24, 2003
City of La Quinta
Community Development Director
78-495 Calle Tampico
La Quints, Ca. 92253
Subject: City of Indio Comments on Environmental Assessment 2003-472,
Specific Plan 2003-064, and Tentative Tract Map 31202.
Dear Mr. lierinan,
Thank you for sending the City of Indio
Plan? the notice 003 064, and Te11t of public uve Tract
for
Environmental Assessment 2003-472, Sp
Map 31202,
As you know this project is located at south west corner of Avenue 52°4 and Monroe
Street. Almost all of the traffic for this project must use Avenue 52" d and Monroe
Street in the City of Indio to get to Hwy 111 and I-10. I am requesting
Environmental h-opact report, more specifically Traffic Report for this project. The
City of Indio would like to review the traffic impact of this project on existing road
system and type of improvements, which is needed to ,niti ate the prof
ect specially on the City of Indio's existing road systems.
Please contact me if you need and cooperation information
if o greatly appreciated.Orifyou have any questions.
As always your assay y
Sincerely,
Ir
AModarressi
�We
Interim Director of public Worlcs/City Engineer
Cc: Ken Weller, Assistant City Manager
CITY OF INDIO - 100 CIVIC CENTER MALL - P.O- DRAWER 17,88 • INDIO, CA 92202
DEPARTMENT TELEPHONE NUMBERS. ALL IN 760 AREA CODE
City Clerk 665-S437 • City Manager 342-6550 - Economic Development/Redevelopment 34.2-6541
Finance 342-6560 •Fire 347-0756 - Human Resources 342-6540 - Cifi/ Hall Fax 342-6556 ll
ter 347-5111
Police 3tv -8522 pment 7- vi zs,Bugi Engineering
3 Safety.6340 -City
Spec al Evens 342 6532 - nwww.� d o.org
(ommuni RECEIVED FROM:760 342 6556 F•02
06-24-03 14:00
. 7/1/6 3
p +j . tt— a
CITY OF INDIO
July 1, 2003
City of La Quinta
City Council
78-495 Calle Tampico
La Quinta, California 92253
INCORPORATED 1930
Public Works Department
RE: Environmental Assessment 2003-472, Specific Plan 2003-064
and Tentative Tract Map No. 31202, (southwest corner of
Avenue 52 and Monroe Street)
Honorable Mayor and Members of City Council:
This letter is the City of Indio's request for continuing the above mentioned items so that
the coordinated mitigation measures can be included in the list of conditions of approval
to address all the negative impacts on the both City of La Quinta, as well as, the City of
Indio.
This request is being made for the following reasons:
1. The proposed street typical sections are not consistent with the City of
Indio's.
2. The proposed half raised median will create an unsafe condition. We
recommend full raised median section be required and built by the
developer.
3. The north half of the street must be reconstructed to serve the
community that is created.
4. The required traffic signals are not fully funded.
5. Turning movements at the existing access along the north side of
Avenue 50 have not been preserved.
6. The proposed main entrance on the south side of Avenue 52 does not
line up with the existing equestrian facilities on the north side of
Avenue 52.
CITY OF INDIO • 100 CIVIC CENTER MALL • P.O. DRAWER 1788 • INDIO, CA 92202
DEPARTMENT TELEPHONE NUMBERS, ALL IN 760 AREA CODE
City Clerk 865-5437 City Manager 342-6580 • Economic Development/Redevelopment 342-6541
Finance 342-6560 Fire 347-0756 • Human Resources 342-6540 • City Hall Fax 342-6556
Police 347-8522 Fax 347-4317 • Engineering 342-6530 • City Yard 347-1058 • Senior Center 347-5111
Community Development Services/Building & Safety 342-6541 • Special Events 342-6532 • www.Indio.org
7. Lack of traffic study of the subject project.
8. Need to include the transition improvements on the terminate points
along Avenue 52 and Monroe Street.
If you have any questions or need additional information please call me at
(760) 342-6530.
Sincerely,
1010-11'a ""dw
Amir H. Modarressi, P.E.
Interim Director of Public Works/City Engineer
AHM: gc
cc: Tom Ramirez, City Manager
Indio City Council
T44 4 4Q9mrW
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOFjjfW
DATE: JULY 1, 2003
SUBJECT: PUBLIC HEARING #2 - RANCHO SANTA FOR DESERT ELITE
Staff has made a correction to Condition 4 of the Specific Plan conditions. Attached
are the corrected conditions.
CITY COUNCIL RESOLUTION 2003-
CONDITIONS OF APPROVAL — RECOMMENDED
SPECIFIC PLAN 2003-064
DESERT ELITE — RANCHO SANTANA
ADOPTED: JULY 1, 2003
LANDSCAPING
1 . Front yard landscaping shall consist of two trees (i.e., a minimum 1.5 inch caliper
measured three feet up from grade level after planting), ten 5-gallon shrubs, and
groundcover. Palm trees may count as a shade tree if the trunk is six feet tall. Double
lodge poles (two-inch diameter) shall be used to stake trees. All shrubs and trees shall
be irrigated by bubbler or emitters. To encourage water conservation, no more than
50% of the front yard landscaping shall be devoted to turf. Future home buyers shall
be offered an option to have no turf areas in their front yard through the use of
desertscape materials.
2. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed
within 18 inches of street curbs.
3. Once the trees have been delivered to the site for installation, a field inspection by the
Community Development Department is required before planting to insure they meet
minimum size and caliper requirements.
4. Prior to issuance of the first Certificate of Occupancy, the applicant shall complete the
parkway landscaping along Avenue 52. The perimeter walls and gates shall be
completed with the first phase of development.
PAOscar\Santana Homes= SPCOA.doc
T4ht 4 e4� Q"
MEMORANDUM
TO: Oscar Orci, Planning Manager
FROM: Steve Speer, Assistant City Engin
DATE: July 1, 2003
RE: Tentative Tract 31302, Specific Plan 2003-064
Rancho Santana by Desert Elite
Pursuant to city staff discussions with City of Indio staff this morning, the Engineering
Department requests the following amendments to the Conditions of Approval
recommended by the Planning Commission at its June 10, 2003 meeting:
Add the following requirements to condition #55 A (1)
The northside of Avenue 52 is located in the City of Indio. The Applicant
shall install the following improvements north of the Avenue 52 centerline
as required by the City of Indio to mitigate impacts caused by the
installation of the raised median:
1. Paint a yellow line with raised pavement markers seven feet (7') north
of the centerline and install raised pavement markers.
2. Widen northside of street seven feet (7') to mitigate the lost pavement
width used to complete the painted median on the northside.
3. Install large radius driveway connections as needed to mitigate the
reduced turning radius caused by the raised median. The large
radius connection provides an alternative means for the
tractor/pickup-trailer combinations to complete the turn as they
access properties on the northside of the street.
4. Install left -turn restrictor component of raised median island as
needed at median openings where turning restrictions are required.
II. Revise the last sentence in the fourth paragraph of Condition 55 A(1) to indicate the
median curb located on the centerline shall be constructed with Portland Cement
Concrete in lieu of asphalt concrete.
T:\PW DEPT\STAFRSPEER%MEMOS1030701 A. DOC
06 , 24 - 03 TUE 14 : 02 FAX 760 342 6556 CITY OF INDIO � uu�
CITY OF INDIO
INCORPORATED 1930
3erry Herman June 24, 2003
City of La Quinta
Community Development Director
78-495 Calle Tampico
La Quinta, Ca. 92253
Subject: City of Indio
Comments
and Tentative Tract Map 31202.ental AAssessment 2003-472,
Specific Plan
Dear Mr. Herman,
Thank you for sending the City of Indio the notice of public hearing for
Environmental Assessment 2003-472, Specific Plan 2003-064, and Tentative Tract
Map 31202.
As you know this project is located at south west corner of Avenue 52 , and Monroe
Street. Almost all of the traffic for this project must use Avenue 52 and Monroe
Street in the City of Indio to get to Hwy Ill and 1-10. I am requesting
Environmental h-npact report, more specifically Traffic Report for this project. The
City of Indio would like to review the traffic impact of this project on existing road
system and type of improvements, which is needed to mitigate the project traffic,
specially on the City of Indio's existing road systems.
Please contact me if you need additional information or if you have any questions.
As always your assistance and cooperation is greatly appreciated.
Sincerely,
Amlr Modarressi
Interim Director of Public Works/City Engineer
Cc: Ken Weller, Assistant City Manager
CITY OF INDIO • 100 CIVIC CENTER MALL • R0. DRAWER 1788 • INDIO, CA 92202
DEPARTMENT TELEPHONE NuPABERS. ALL IN 760 AREA CODE
City Clerk 865-5437 - City Manager 342-6580 - Economic D6velopmentlRedevelopmenl 34.2-6541
Finance 342-6560 - Fire 347-0756 - Human Resources 342-6540 + City Hall Fax 342-6556
Police 347-8522 Fax 347-4317 - Engineering 342.6530 - City yard 347-1058 - Senior Center 347-5111
Community Devalooment Services,'Buiiding & Safety 342-6541 - Special Events 342-6532 - www.indio.orgP 02
06-24-03 14:GO RECEIVED FROM:760 342 6556
CITY
INCORPORATED 1930
City Manager's Office
June 25, 2003
George Spiliotis
Local Agency Formation Commission
3850 Vine Street Ste 110
Riverside CA 92507-4225
RE: LAFCO 2003-04-4
Reorganization to Include Concurrent Annexation 14 to the City of La
Quinta -
Dear Mr. Spiliotis:
The City of Indio received a notice of public hearing regarding the above -referenced
annexation of unincorporated Riverside County land to the City of La Quinta. The
proposed annexation area shares a jurisdictional boundary with the City of Indio along
Avenue 52 between Madison Street and Monroe Street. The City of Indio objected to
the City of La Quinta's recent General Plan Land Use Element update that included a
Sphere of Influence enlargement. More specifically, the City of Indio questioned the
sufficiency of the Environmental Impact Report certified in association with this matter..
The City of Indio's serious concerns regarding this ill-advised La Quinta expansion
abutting its incorporated southern boundaries persist. The City cites two (2) particular
and representative grounds in support of its opposition to the above -referenced
annexation proposal.
■ The City of Indio's General Plan Land Use Element calls for Country Estates
residential land uses on the north side of Avenue 52, including equestrian
entertainment uses, and Polo Resort development. The City of La Quinta's pattern of
development includes a predominance of master -planned golf course resorts within
gated communities. The City is interested in preserving an open, rural, equestrian
character in this region while promoting the commercial entertainment uses that are
complimentary to annual regional events held in the City of Indio such as the Desert
Horses In The Sun (H.I.T.S.) show. The City of La Quinta has failed to demonstrate
any willingness to preserve the rural/equestrian character of the area associated
with the above -referenced proposed annexation in their planning efforts. The City of
La Quinta consistently promotes homogenous housing. This La Quinta housing
product model provides limited scenic vistas along the street-scape including sterile
perimeter walls, unimaginative design features and gated entrances along its major
roadways.
CITY OF INDIC e 100 CIVIC CENTER MiALL - P.O. DRAY ER 1788 Q INDIO. C 92202
DEIPAF-ITMENT TELEPHONE !~!'UMBFRIS, ALL 1i�1 780 iEn CODE
Ctiy Clerk 865-5437 E City Manager 342-6580 - Economies 342-6541
FirF 247-(175F
The City of Indio requires streetlights along major thoroughfares such as Avenue 52
pursuant to a long-standing ordinance. These lighting standards contribute to the
public safety and the character of Indio's neighborhoods. Furthermore, this area of
the City of Indio includes painted medians incorporating interior emergency lanes for
safe access to large -lot equestrian ranches. Residents of such ranches, common in
this area of the City of Indio, frequently use horse trailers in the vicinity of their
homes. In addition, the Empire Polo Club and the Eldorado Polo Club, both located
in the City of Indio, routinely move horses throughout the area adjacent to the
proposed annexation area. The City of La Quinta discourages streetlights and
encourages raised medians throughout their residential planned development areas
and along major roadways. This problem has already radically impacted Indio
residents on the south side of Avenue 50, between Jefferson Street and Madison
Street, an Indio/La Quinta boundary. The City of La Quinta has jeopardized safe
and convenient access to several ranches in that already impacted area. The City of
Indio has received numerous resident complaints originating from this southern half -
street portion of Avenue 50 in this matter. The City of Indio respectfully directs this
Commission's attention to well -recognized regional expectations as to anticipated
traffic travelling along Avenue 52 in the area of the City of Indio's existing ranches.
The City of La Quinta's proposed annexation will likely result in unsafe traffic
conditions due to the utter absence of well -conceived street designs coordinated
with the standards and planning goals of the City of Indio. Furthermore, the
proposed annexation will likely result in unsafe maneuvering of horse trailers on
major roadways.
This letter does not reflect all of the City of Indio's reservations regarding the proposed
annexation. Thank you for kindly considering these thoughts. We welcome and look
forward to all future dialogue with the Commission, the City of La Quinta, and any other
interested parties.
Sincerely,
Tom Ramitr:�
City Manager
xc: File
a
4
M. . . . . . . . . . . . . .
OFT'
COUNCIL/RDA MEETING DATE: July 1, 2003 AGENDA CATEGORY:
ITEM TITLE: Public Hearing to Adopt Resolutions and an
Ordinance for a Request to: 1) Certify a Mitigated Negative
Declaration of Environmental Impact for Environmental
Assessment 2003-473; 2) Change the Land Use From
Community Commercial (CC) to Low Density Residential (RL)
for General Plan Amendment 2003-092 and Zone Change
2003-1 14; 3) the Creation of Seven Single Family Lots on
2.33 Acres From Three Parcels for Tentative Tract Map
31289, and 4) the Construction of Detached Single Family
Houses Ranging in Size From 3,080 Square Feet to 3,362
Square Feet for Site Development Permit 2003-769, for the
Property Located at the Northeast Corner of Caleo Bay and
Via Florence Applicant: Jim Hayhoe
RECOMMENDATION:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of
environmental impact for Environmental Assessment 2003-473; and
Adopt a Resolution of the City Council approving General Plan Amendment 2003-092,
subject to the attached findings; and
Move to take up Ordinance No. _ by title and number only and waive further reading for
Zone Change 2003-1 14, and introduce Ordinance No. _ on first reading; and
Adopt a Resolution of the City Council approving Tentative Tract Map 31289, subject to
the attached findings and Conditions of Approval; and,
Adopt a Resolution of the City Council approving Site Development Permit 2003-769,
subject to the attached findings and Conditions of Approval.
FISCAL IMPLICATIONS:
None.
4bi
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The vacant, irregularly -shaped lake front lots are located on the east side of Caleo Bay
and north of Via Florence (Attachment 1). The three lots were created by recordation of
Parcel Map 27892, and vary in size from 0.56 acres to 1.1 acres. Caleo Bay, a north -
south oriented two-lane public street, provides access connections to perimeter public
streets and Lake La Quinta Drive. Via Florence, the access street south of the site, is
gated to restrict access into the existing residential community.
Lake La Quinta Development History
Recordation of Tracts 24230 and 26152 established the Lake La Quinta development, a
private development of approximately 281 single-family lots on 103 acres oriented
around a man-made lake generally bounded by Adams Street on the east, Avenue 48 on
the south and Avenue 47 on the north (Attachment 2). The existing one-story houses
were built by various builders and typically range in size from 1,909 square feet to 3,800
square feet. The prevalent style of architecture is Mediterranean/Spanish, utilizing
plastered walls and overhangs, tile roofs, metal roll -up garage doors and walled
courtyards. Exterior building colors are typically in shades of white and brown.
The existing Community Commercial land use category allows retail outlets, offices,
restaurants and hotels.
Project Proposal
The various applications are described below:
General Plan Amendment - Under the request, the Community Commercial (CC)
designation will be converted to Low Density Residential (LDR) for the 2.33-acre site
allowing up to four dwelling units per acre. An LDR category supports the development
of attached and detached single-family houses in varying development products such as
country clubs, condominiums, townhouses, subdivision tracts, etc.
Zone Change - Under the request, the Community Commercial designation will be
converted to RL (Low Density Residential) for the 2.33-acre site. This land use category
encourages houses of not less than 1,400 square feet on minimum 7,200 square foot
lots. Building may not exceed two stories, or 28 feet high.
Subdivision Map - The developer plans to create seven single-family lots that range in size
from 12,938 square feet to 16,946 square feet with each lot taking access onto Caleo
4 b 0
�4.
Bay (Attachment 3). The following table provides a breakdown of the lot characteristics:
Lot 1
16,946 sq. ft. (0.38 ac.)
Pad = 62.0' high
Lot 2
15,124 sq. ft. (0.34 ac.)
Pad = 62.0' high
Lot 3
14,074 sq. ft. (0.32 ac.)
Pad = 62.0' high
Lot 4
12,938 sq. ft. (0.29 ac.)
Pad = 61.5' high
Lot 5
15,494 sq. ft. (0.35 ac.)
Pad = 61 .5' high
Lot 6
13,810 sq. ft. (0.31 ac.)
Pad = 61 .0' high
Lot 7
13,244 sq. ft. (0.30 ac.)
Pad = 61.0' high
Note: Project density is three dwelling units per acre.
Lot widths average 65 feet and are typically perpendicular to the 60-foot wide street. The
lot lengths vary from approximately 74 feet to over 200 feet.
Development Plans - The applicant is proposing to build seven, one-story single-family
houses of 3,080 square feet to 3,362 square feet with attached garage parking areas
(Attachment 4). In addition to garages parking areas, each house has one open parking
space. Under the request, 16-foot to 17-foot wide concrete paver driveways are
proposed for each dwelling unit. A project overview is provided below:
Development Topics
Project Attributes
RL Code Provisions
Building Height
Up to 20' high (varies),
Up to 28' tall (two story),
excluding architectural
excluding architectural projections
projections
such as chimneys, etc.
Roof Pitches
4:12 using gable and hip
Unspecified; As determined by the
designs
City Council
Roof Material
Clay barrel tile (U.S. Tile)
Unspecified; As determined by the
City Council
Exterior Wall Finish
Smooth stucco
Unspecified; As determined by the
City Council
Garage Parking
2 or 3 spaces
2 spaces (Min.)
Building Sq. Ft.
3,080+ sq. ft.
1 1,400 sq. ft. (Min.)
Multiple Facades*
2 Facades per unit type
1 2 Facades per unit type
* Per Zoning Code Section 9.60.330. The Community Commercial Zone District allows buildings up to
40 feet tall or three stories.
A California -Mediterranean architectural design, utilizing smooth troweled exterior
stuccoed surfaces and clay tile roofing, is proposed. Stone veneer, in irregular shapes, is
used to accent front and rear building elevations depending on the plan type and/or option
l
C
in shades of brown. The proposed building elevations use a variety of window styles and
shapes. Exterior building colors are primarily in shades of brown and gray with other
accent colors used for garage doors, chimney caps, etc. An exterior material and color
sample board will be available at the meeting.
Hip roofs, using 4:12 pitches, are used throughout the project in variable heights not
exceeding 20-feet high, while gable roofs are used sparingly on front and rear facades.
The roofing material is manufactured by U.S. Tile and is composed of blended colors in
shades of red and brown. Eave overhangs are encased in stucco or have exposed wood
trusses.
The conceptual landscape plan for the site consists of a wide variety of specimen trees
(e.g., citrus, Japanese oleander, Chilean mesquite, etc.), one and five -gallon shrubs, and
vines for parkway areas only, highlighted by turf. The proposed landscaping will provide
visual relief and soften the view of the meandering six-foot high masonry wall that is
placed, on average, 20 feet from Caleo Bay street curbing. Various types of palm trees
flank either side of the proposed screen wall along with rock boulder accents. Palm
Springs gravel (Gold fines) is also being used within shrub beds abutting the outside of
the masonry wall. Driveway gates are constructed using wrought iron in rectangular
patterns allowing semi -private property screening for front yard areas and will be attached
to 24-inch square masonry columns.
Public Agency Review
A copy of this request was sent to all applicable public agencies and City Departments on
April 8, 2003. All written comments received are on file with the Community
Development Department. Applicable comments received have been included in the
recommended Conditions of Approval.
Public Notice
This request was advertised in the Desert Sun newspaper on June 10, 2003 for this City
Council meeting, and mailed to all affected property owners within 500 feet of the
project site on June 9. On June 4, 2003, the Community Development Department
received a letter of support for the project from the Lake La Quinta HOA (Attachment 5).
Architecture and Landscape Review Committee
The ALRC reviewed this request at its meeting of May 7, 2003, and on a 2-0 vote,
adopted Minute Motion 2003-020 recommending approval, subject to a condition that
requires shrubs on Caleo Bay to be able to withstand summer temperatures (Attachment
6).
el10
C4
Planning Commission Action
On June 10, 2003, the Planning Commission adopted Resolutions 2003-033 to 2003-
037 recommending approval of the land use change and development of the site with
seven single-family houses, subject to the attached conditions (Attachment 7). Notable
conditions include Tract Condition #63 which requires the developer to disclose that
commercial development is planned for the vacant lots to the west of the site.
Conclusion
The proposed development of low profile, single-family houses is compatible with the
adjacent Lake La Quinta land uses, assisting the orderly development of this mixed land
use community. A revised land use table for the Lake La Quinta development would be as
follows:
Low Density Residential
79.44 ac. (existing SF lots & streets)
21.18 acres (lake)
02.38 acres (recreation lot)
02.33 acres (new addition)
105.33 acres — total
Medium Density Residential
10.17 acres (one parcel)
Community Commercial
18.65 acres (eight parcels)
* Site Development Permit 2002-732 and Conditional Use Permit 2002-069 (80-unit senior apartment complex),
Southern California Presbyterian Homes
* * The commercial parcels within Lake La Quinta were created by Tract 24230 and Parcel Map 27892.
FINDINGS AND ALTERNATIVES:
Findings necessary to approve the various development applications can be made and are
contained in the attached Resolutions.
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration
of environmental impact for Environmental Assessment 2003-473;
Adopt a Resolution of the City Council approving General Plan Amendment 2003-
092, subject to the attached findings;
Move to take up Ordinance No._ by title and number only and waive further
reading for Zone Change 2003-114, and introduce Ordinance No. _ on first
reading;
411
CJ
Adopt a Resolution of the City Council approving Tentative Tract Map 31289,
subject to the attached findings and Conditions of Approval; and
Adopt a Resolution of the City Council approving Site Development Permit 2003-
769, subject to the attached findings and Conditions of Approval; or
2. Do not approve a Resolution of the City Council certifying Environmental
Assessment 2003-473, approving General Plan Amendment 2003-092, Zone
Change 2003-114, Tentative Tract Map 31289 and Site Development Permit
2003-769; or
3. Provide staff with alternative direction.
Respectfully submitted,
v
Jerry Herman
Community De lopment Director
Approved for submission by:
9�
Thomas P. Genovese, City Manager
Attachments: 1.
Existing Parcels
2.
1990 Lake La Quinta Exhibit
3.
Tentative Tract Map 31289
4.
Site Plan Exhibit
5.
ALRC Minutes of May 7, 2003 (Excerpt)
6.
Letter from the Lake La Quinta HOA dated
June 4, 2003
7.
June 10, 2003 Planning Commission Minutes
(Excerpt)
8.
Large Development Plans (City Council only)
414
C6
RESOLUTION 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A
MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR GENERAL PLAN
AMENDMENT 2003-092, ZONE CHANGE 2003-11.4,
TENTATIVE TRACT MAP 31289 AND SITE
DEVELOPMENT PERMIT 2003-769
APPLICANT: JIM HAYHOE
ENVIRONMENTAL ASSESSMENT 2003-473
WHEREAS, an Initial Study and Mitigated Negative Declaration has been
prepared collectively for the above -cited applications to develop a seven -lot single family
development on 2.33 acres, currently designated for commercial activities, located at the
northeast corner of Caleo Bay and Via Florence within Lake La Quinta, more particularly
described as:
APN: 643-200-009 to -01 1 (Parcel 9-1 1 of Parcel Map 27892)
WHEREAS, the City has prepared the Initial Study and Mitigated Negative
Declaration in compliance with CEQA and the State CEQA Guidelines, California Code of
Regulations, Title 14, section 15000 et seq.; and
WHEREAS, the City mailed notice of its intention to adopt the Mitigated
Negative Declaration in compliance with Pubic Resources Code (PRC) Section 21092 on
May 16, 2003, and June 9, 2003, to landowners within 500 feet of the Project Site and
to all public entities entitled to said notice under CEQA; and
WHEREAS, the City published a notice of its intention to adopt the Mitigated
Negative Declaration and associated Initial Study in the Desert Sun newspaper on May
21, 2003, and June 10, 2003, and further caused the notice to be filed with the
Riverside County Clerk on May 16, 2003, in accordance with the CEQA Guidelines; and
WHEREAS, during the comment period, the City received comment letters
on the Mitigated Negative Declaration from local public agencies. Community
Development Department personnel reviewed and considered these comments, and
prepared written responses to these comments which are contained in the staff report;
and
WHEREAS, the La Quinta Planning Commission on 101h day of June, 2003,
did consider the Project and recommended to the City Council certification of the
Mitigated Negative Declaration for the Project by adoption of Resolution 2003-033 on a
5-0 vote; and
G'7
Resolution 2003-
Environmental Assessment 2003-473 — Jim Hayhoe
Adopted: July 1, 2003
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
SECTION 1: The above recitations are true and correct and are adopted as the
Findings of the City Council.
SECTION 2: The City Council finds that the Mitigated Negative Declaration has
been prepared and processed in compliance with CEQA, the State CEQA Guidelines and
the City's implementation procedures. The City Council has independently reviewed and
considered the information contained in the Mitigated Negative Declaration (MND), and
finds that it adequately describes and addresses the environmental effects of the Project,
and that, based upon the Initial Study, the comments received thereon, and the entire
record of proceeding for this Project, there is no substantial evidence in light of the whole
record that there may be significant adverse environmental effects as a result of the
Project. The mitigation measures identified in the Mitigated Negative Declaration have
been incorporated into the Project and these measures mitigate any potential significant
effect to a point where clearly no significant environmental effects will occur as a result
of this Project.
SECTION 3: The Project will not be detrimental to the health, safety, or general
welfare of the community, either indirectly, or directly, in that no significant unmitigated
impacts were identified by Environmental Assessment 2003-473.
SECTION 4: The Project will not have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife population to drop
below self sustaining levels, threaten to eliminate a plant or animal community, reduce
the number or restrict the range of rare or endangered plants, or animals, or eliminate
important examples of the major periods of California history, or prehistory, in that the
site has been graded under prior development approvals.
SECTION 5: There is no evidence before the City that the Project will have the
potential for an adverse effect on wildlife resources or the habitat on which the wildlife
depends.
SECTION 6: The Project does not have the potential to achieve short-term
environmental goals, to the disadvantage of long-term environmental goals, as no
significant effects on environmental factors have been identified by the Environmental
Assessment.
41,1
Resolution 2003-
Environmental Assessment 2003-473 — Jim Hayhoe
Adopted: July 1, 2003
Page 3
SECTION 7: The Project will not result in impacts which are individually limited or
cumulatively considerable when considering planned or proposed development in the
immediate vicinity, as development patterns in the area will not be significantly affected
by the Project.
SECTION 8: The Project will not have the environmental effects that will adversely
affect the human population, either directly or indirectly, as no significant impacts have
been identified which would affect human health, risk potential or public services.
SECTION 9: The City Council has fully considered the proposed Mitigated Negative
Declaration and the comments received thereon.
SECTION 10: The Mitigated Negative Declaration (MND) reflects the independent
judgment and analysis of the City Council.
SECTION 11: The location of the documents which constitute the record of
proceedings upon which the City Council decision is based is the La Quinta City Hall,
Community Development Department, 78-495 Calle Tampico, La Quinta, California
92253, and the custodian of those records is Jerry Herman, Community Development
Director.
SECTION 12: A Mitigation Monitoring Program (MMP), a copy of which is attached
hereto as Exhibit "A", is hereby adopted pursuant to PRC § 21081.6 in order to assure
compliance with the mitigation measures during Project implementation.
SECTION 13: Based upon the Initial Study and the entire record of proceedings,
the Project has no potential for adverse effects on wildlife as that term is defined in Fish
and Game Code § 71 1 .2.
SECTION 14: The City Council has on the basis of substantial evidence, rebutted
the presumption of adverse effect set forth in 14 California Code of Regulations 753.5(d).
SECTION 15: The Mitigated Negative Declaration is hereby certified by the City
Council.
SECTION 16: The Community Development Director shall cause to be filed with
the County Clerk a Notice of Determination pursuant to CEQA Guideline § 15075(a) once
reviewed by the City Council.
4
®9
Resolution 2003-
Environmental Assessment 2003-473 — Jim Hayhoe
Adopted: July 1, 2003
Page 4
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 1 s` day of July, 2003, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, CMC, CITY CLERK
City of La Quinta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
41C
Environmental Checklist Form
1 . Project Title: General Plan Amendment 03-092, Zone Change 03-1 14,
Tentative Tract Map 31289 and Site Development Permit
03-769
2. Lead Agency Name and Address: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
3. Contact Person and Phone Number: Greg Trousdell, 760-777-7125
4. Project Location: Northeast corner of Caleo Bay and Via Florence
APN: 643-200-009, -010 and -01 1
5. Project Sponsor's Name and Address: Jim Hayhoe
P. 0. Box 4378
Palm Desert, CA 92261
6. General Plan Designation: Current: Community Commercial
Proposed: Low Density Residential
7. Zoning: Current: Regional Commercial
Proposed: Low Density Residential
8. Description of Project: (Describe the whole action involved, including but not limited to later
phases of the project, and any secondary, support, or off -site features necessary for its
implementation. Attach additional sheets if necessary.)
General Plan Amendment and Zone Change from Community Commercial and
Regional Commercial, respectively, to Low Density Residential to allow for the
construction of single family residential dwelling units.
Tentative Tract Map to subdivide 2.33 acres into 7 single family residential lots.
Minimum lot size will be 12,938 square feet, with an average lot size of 14,518
square feet.
Site Development Permit to review and approve the design of homes greater
than 3,000 square feet.
PAGreg T\HayhoeEAChecklist.wpd 4 17
1 J.
9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings.
North: Bed and Breakfast Inn
South: Lake La Quinta, Low Density Residential development
West: Community Commercial lands, mostly vacant, with several
approved commercial projects
East: Lake La Quinta, Low Density Residential development
10. Other agencies whose approval is required (e.g., permits, financing approval, or
participation agreement.)
Coachella Valley Water District
P:\Greg T\HayhoeEAChecklist.wpd
2
Environmental Factors Potentially Affected:
The environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact" as indicated by
the checklist on the following pages.
Aesthetics Hazards and Hazardous Public Services
Materials
Agriculture Resources Hydrology and Water Quality Recreation
Air Quality Land Use Planning Transportation/Traffic
Biological Resources Mineral Resources Utilities and Service
Systems
Cultural Resources Noise Mandatory Findings
Geology and Soils Population and Housing
Determination (To be completed by the Lead Agency.) On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions in the
project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE
DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and
an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or
"potentially significant unless mitigated" on the environment, but at least one effect 1)
has been adequately analyzed in an earlier document pursuant to applicable legal
standards, and 2) has been addressed by mitigation measures based on the earlier
analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is
required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, because all potentially significant effects (a) have been analyzed adequately
in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated
pursuant to that earlier EIR, including revisions or mitigation measures that are imposed
upon the proposed project, nothing further is required.
ZZ^� Ci
nature
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1
Fx1
u
El
May 14, 2003
Date
419
3 y3
Evaluation of Environmental Impacts:
1) A brief explanation is required for all answers except "No Impact" answers
that are adequately supported by the information sources a lead agency cites in the
parentheses following each question. A "No Impact" answer is adequately supported
if the reference information sources show that the impact simply does not apply to
projects like the one involved (e.g. the project falls outside a fault rupture zone). A
"No Impact" answer should be explained where it is based on project -specific factors
as well as general standards (e.g. the project will not expose sensitive receptors to
pollutants, based on a project -specific screening analysis).
2) All answers must take account of the whole action involved, including off -
site as well as on- site, cumulative as well as project -level, indirect as well as direct,
and construction as well as operational impacts.
3) "Potentially Significant Impact" is appropriate if there is substantial
evidence that an effect is significant. If there are one or more "Potentially Significant
Impact" entries when the determination is made, an EIR is required.
4) "Negative Declaration: Potentially Significant Unless Mitigation
Incorporated" applies where the incorporation of mitigation measures has reduced an
effect from "Potentially Significant Impact" to a "Less Significant Impact." The lead
agency must describe the mitigation measures, and briefly explain how they reduce the
effect to a less than significant level (mitigation measures from Section XVIII, "Earlier
Analysis," may be cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR,
or other CEQA process, an effect has been adequately analyzed in an earlier EIR or
negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in
Section XVIII at the end of the checklist.
6) Lead agencies are encouraged to incorporate into the checklist references
to information sources for potential impacts (e.g., general plans, zoning ordinances).
Reference to a previously prepared or outside document should, where appropriate,
include a reference to the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and
other sources used or individuals contacted should be cited in the discussion.
8) The analysis of each issue should identify:
a) the significance criteria or threshold used to evaluate each question;
and
b) the mitigation measure identified, if any, to reduce the impact to less
than significance
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14
1
Issues (and Supporting Information Sources):
Would the proposal result in potential impacts involving:
I. AESTHETICS: Would the project:
a) Have a substantial adverse effect on a scenic vista?
(General Plan Exhibit 3.6)
b) Damage scenic resources, including, but not limited to,
trees, rock outcroppings, and historic buildings within a state
scenic highway? (Aerial photograph)
c) Substantially degrade the existing visual character or
quality of the site and its surroundings? (Application materials)
d) Create a new source of substantial light or glare which
would adversely affect day or nighttime views in the area?
(Application materials)
AGRICULTURAL RESOURCES:. In determining whether
impacts to agricultural resources are significant environmental
effects, lead agencies may refer to the California Agricultural
Land Evaluation and Site Assessment Model prepared by the
California Dept. Of Conservation as an optional model to use
in assessing impacts on agriculture and farmland. Would the
project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland) to non-agricultural use?
(General Plan EIR p. III-21 ff.)
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract? (Zoning Map, Property Owner)
c) Involve other changes in the existing environment which,
due to their location or nature, could individually or
cumulatively result in loss of Farmland, to nonagricultural use?
(No ag. land in proximity to project site)
III. AIR QUALITY: Where available, the significance criteria
established by the applicable air quality management or air
pollution control district may be relied upon to make the
following determinations. Would the project:
a► Conflict with or obstruct implementation of the applicable
Air Quality Attainment Plan or Congestion Management Plan?
(SCAQMD CEQA Handbook)
b) Violate any stationary source air quality standard or
contribute to an existing or projected air quality violation?
(SCAQMD CEQA Handbook)
c) Result in a net increase of any criteria pollutant for which
the project region is non -attainment under an applicable
federal or state ambient air quality standard (including
releasing emissions which exceed quantitative thresholds for
ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10
Plan for the Coachella Valley)
Potentiall
y
Significan
t
Impact
Potentially
Significant Less Than
Unless Significant No
Mitigated Impact Impact
X
X
X
X
9
X
X
X
X
X
4
01
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5 .i J
IV
V.
d) Expose sensitive receptors to substantial pollutant
concentrations? (Project Description, Aerial Photo, site
inspection)
e) Create objectionable odors affecting a substantial number
of people? (Project Description, Aerial Photo, site inspection)
BIOLOGICAL RESOURCES: Would the project:
a) Have a substantial adverse impact, either directly or
through habitat modifications, on any species identified as a
candidate, sensitive, or special status species in local or
regional plans, policies, or regulations, or by the California
Department of Fish and Game or U.S. Fish and Wildlife
Service? (General Plan Biological Resources Element, all
exhibits)
b) Have a substantial adverse impact on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service? (General Plan Biological Resources Element, all
exhibits)
c) Adversely impact federally protected wetlands (including,
but not limited to, marsh, vernal pool, coastal, etc.) Either
individually or in combination with the known or probable
impacts of other activities through direct removal, filling,
hydrological interruption, or other means? (General Plan
Biological Resources Element, all exhibits)
d) Interfere substantially with the movement of any resident
or migratory fish or wildlife species or with established
resident or migratory wildlife corridors, or impede the use of
wildlife nursery sites? (General Plan Biological Resources
Element, all exhibits)
e) Conflict with any local policies or ordinances protecting
biological resources such as a tree preservation policy or
ordinance? (General Plan Biological Resources Element, all
exhibits)
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Conservation Community Plan, or
other approved local, regional, or state habitat conservation
plan? (Master Environmental Assessment, p. 73 ff.)
CULTURAL RESOURCES: Would the project:
a) Cause a substantial adverse change in the significance of a
historical resource which is either listed or eligible for listing
on the National Register of Historic Places, the California
Register of Historic Resources, or a local register of historic
resources? (General Plan Cultural Resources Exhibit, previous
Lake La Quinta investigations)
X
X
X
X
X
X
X
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0
16
b) Cause a substantial adverse change in the significance of a
unique archaeological resources (i.e., an artifact, object, or
site about which it can be clearly demonstrated that, without
merely adding to the current body of knowledge, there is a
high probability that it contains information needed to answer
important scientific research questions, has a special and
particular quality such as being the oldest or best available
example of its type, or is directly associated with a
scientifically recognized important prehistoric or historic event
or person)? (General Plan Cultural Resources Exhibit, previous
Lake La Quinta investigations)
c) Disturb or destroy a unique paleontological resource or site?
(Master Environmental Assessment Exhibit 5.9)
d) Disturb any human remains, including those interred
outside of formal cemeteries? (General Plan Cultural
Resources Exhibit, previous Lake La Quinta investigations)
VI. GEOLOGY AND SOILS: Would the project:
a) Expose people or structures to potential substantial adverse
effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the
most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other
substantial evidence of a known fault? (MEA Exhibit 6.2)
ii) Strong seismic ground shaking? (MEA Exhibit 6.2)
iii) Seismic -related ground failure, including liquefaction?
(Geotechnical letter Report, Earth Systems Southwest, May
2003)
iv) Landslides? (General Plan Exhibit 8.3)
b) Result in substantial soil erosion or the loss of topsoil?
(General Plan Exhibit 8.4)
c) Be located on a geological unit or soil that is unstable, or
that would become unstable as a result of the project, and
potentially result in on- or off -site landslides, lateral spreading,
subsidence, liquefaction or collapse? (Geotechnical letter
Report, Earth Systems Southwest, May 2003)
d) Be located on expansive soil, as defined in Table 18-1-B of
the Uniform Building Code (1994), creating substantial risks
to life or property? (Geotechnical letter Report, Earth Systems
Southwest, May 2003)
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative waste water disposal system where
sewers are not available for the disposal of waste water?
(Geotechnical letter Report, Earth Systems Southwest, May
2003)
X
X
X
X
X
X
X
X
X
X
X
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7
VII. HAZARDS AND HAZARDOUS MATERIALS: Would the
project:
a) Create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous
materials? (Application materials)
b) Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident conditions
involving the likely release of hazardous materials into the
environment? (Application materials)
c) Reasonably be anticipated to emit hazardous materials,
substances, or waste within one -quarter mile of an existing or
proposed school? (Application materials)
d) Is the project located on a site which is included on a list of
hazardous materials sites complied pursuant to Government
Code Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment? (Riverside
County Hazardous Materials Listing)
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles of
a public airport or public use airport, would the project result
in a safety hazard for people residing or working in the project
area? (General Plan land use map)
f) For a project within the vicinity of a private airstrip; would
the project result in a safety hazard for people residing or
working in the project area? (General Plan land use map)
g) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency evacuation
plan? (General Plan MEA p. 95 ff)
h) Expose people or structures to the risk of loss, injury or
death involving wildlands fires, including where wildlands are
adjacent to urbanized areas or where residences are
intermixed with wildlands? (General Plan land use map)
Vill. HYDROLOGY AND WATER QUALITY : Would the project:
a) Violate Regional Water Quality Control Board water quality
standards or waste discharge requirements? (General Plan EIR,
p. III-187 ff.)
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (i.e., the production rate of pre-
existing nearby wells would drop to a level which would not
support existing land uses or planned uses for which permits
have been granted? (General Plan EIR p. III-87 ff.)
c) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of
stream or river, in a manner which would result in substantial
erosion or siltation on- or off -site? (Project Preliminary Grading
Plan)
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8
X
X
X
X
X
X
X
X
X
X
M
d) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount of
surface runoff in a manner which would result in flooding on -
or off -site? (Project Preliminary Grading Plan)
e) Create or contribute runoff water which would exceed the
capacity of existing or planned stormwater drainage systems
to control? (Project Preliminary Grading Plan)
f) Place housing within a 100-year floodplain, as mapped on a
federal Flood Hazard Boundary or Flood Insurance Rate Map or
other flood hazard delineation map? (Master Environmental
Assessment Exhibit 6.6)
g) Place within a 100-year floodplain structures which would
impede or redirect flood flows? (Master Environmental
Assessment Exhibit 6.6)
IX. LAND USE AND PLANNING: Would the project:
a) Physically divide an established community? (Project
Description)
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific plan,
local coastal program, or zoning ordinance) adopted for the
purposes of avoiding or mitigating an environmental effect?
(General Plan p. 18 ff.)
c) Conflict with any applicable habitat conservation plan or
natural communities conservation plan? (Master Environmental
Assessment p. 74 ff.)
X. MINERAL RESOURCES: Would the project:
a) Result in the loss of availability of a known mineral
resource classified MRZ-2 by the State Geologist that would
be of value to the region and the residents of the state?
(Master Environmental Assessment p. 71 ff.)
b) Result in the loss of availability of a locally important
mineral resource recovery site delineated on a local general
plan, specific plan or other land use plan? (Master
Environmental Assessment p. 71 ff.)
XI. NOISE: Would the project result in:
a) Exposure of persons to, or generation of noise levels in
excess of standards established in the local general plan or
noise ordinance, or applicable standards of other agencies?
(General Plan p. 95)
b) Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels? (Parking
lot-- no ground borne vibration)
c) A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project? (General Plan EIR, p. III-144 ff.)
KI
X
X
Kq
K9
X
rJ
X
X
X
4
PAGreg T\HayhoeEAChecklist.wpd 19
9
d) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles of
a public airport or public use airport, would the project expose
people residing or working in the project area to excessive
noise levels? (General Plan land use map)
e) For a project within the vicinity of a private airstrip, would
the project expose people residing or working in the project
area to excessive levels? (General Plan land use map)
XII. POPULATION AND HOUSING: Would the project:
a) Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of
roads or other infrastructure)? (General Plan, p. 9 ff.,
application materials)
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere? (Application Materials)
c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere? (Application
Materials)
XIII. PUBLIC SERVICES
a) Would the project result in substantial adverse physical
impacts associated with the provision of new or physically
altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which
could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times or other
performance objectives for any of the public services:
Fire protection? (General Plan MEA, p. 57)
Police protection? (General Plan MEA, p. 57)
Schools? (General Plan MEA, p. 52 ff.)
Parks? (General Plan; Recreation and Parks Master Plan)
Other public facilities? (General Plan MEA, p. 46 ff.)
XIV. RECREATION:
a) Would the project increase the use of existing
neighborhood and regional parks or other recreational facilities
such that substantial physical deterioration of the facility
would occur or be accelerated? (Application Materials)
b) Does the project include recreational facilities or require the
construction or expansion of recreational facilities which
might have an adverse physical effect on the environment?
(Application Materials)
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10
X
X
X
X
R
X
X
X
X
X
X
X T
20
XV. TRANSPORTATION/TRAFFIC: Would the project:
a) Cause an increase in traffic which is substantial in relation
to the existing traffic load and capacity of the street system
(i.e., result in a substantial increase in either the number of
vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections)? (General Plan EIR, p. III-29 ff.)
b) Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
management agency for designated roads or highways?
(General Plan EIR, p. III-29 ff.)
c) Result in a change in air traffic patterns, including either an
increase in traffic levels or a change in location that results in
substantial safety risks? (No air traffic involved in project)
d) Substantially increase hazards to a design feature (e.g.,
sharp curves or dangerous intersections) or incompatible uses
(e.g., farm equipment)? (Project Site Plan)
e) Result in inadequate emergency access? (Project Site Plan)
f) Result in inadequate parking capacity? (Project Site Plan)
g) Conflict with adopted policies supporting alternative
transportation (e.g., bus turnouts, bicycle racks)? (Project
Description)
XVI. UTILITIES AND SERVICE SYSTEMS: Would the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board? (General
Plan MEA, p. 58 ff.)
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects? (General Plan MEA, p. 58 ff.)
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant environmental
effects? (General Plan MEA, p. 58 ff.)
d) Are sufficient water supplies available to serve the project
from existing entitlements and resources, or are new or
expanded entitlements needed? (General Plan MEA, p. 58 ff.)
e) Has the wastewater treatment provider which serves or
may serve the project determined that it has adequate
capacity to serve the project's projected demand in addition
to the provider's existing commitments? (General Plan MEA,
p. 58 ff.)
f) Is the project served by a landfill with sufficient permitted
capacity to accommodate the project's solid waste disposal
needs? (General Plan MEA, p. 58 ff.)
X
X
X
X
X
X
X
X
X
X
X
X
X
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11
XVII. MANDATORY FINDINGS OF SIGNIFICANCE:
a) Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a fish
or wildlife species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range of
a rare or endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
b) Does the project have the potential to achieve short-term,
to the disadvantage of long-term, environmental goals?
c) Does the project have impacts that are individually limited,
but cumulatively considerable? ("Cumulatively considerable"
means that the incremental effects of a project are
considerable when viewed in connection with the effects of
past projects, the effects of other current project, and the
effects of probable future projects)?
d) Does the project have environmental effects which will
cause substantial adverse effects on human beings, either
directly or indirectly?
XVIII. EARLIER ANALYSES.
X
/:1
X
IQI
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one
or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section
15063(c)(3)(D). In this case a discussion should identify the following on attached sheets.
a) Earlier analysis used. Identify earlier analyses and state where they are available for review.
None
b) Impacts adequately addressed. Identify which effects from the above checklist were within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and
state whether such effects were addressed by mitigation measures based on the earlier analysis.
Not applicable.
c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document and the
extent to which they address site -specific conditions for the project.
See attached Addendum.
SOURCES:
Master Environmental Assessment, City of La Quinta General Plan 2002.
General Plan, City of La Quinta, 2002.
PAGreg T\HayhoeEAChecklist.wpd
12
4 U
�ti
General Plan EIR, City of La Quinta, 2002.
SCAQMD CEQA Handbook.
City of La Quinta Municipal Code
Letter Report, Earth Systems Southwest, May 2003
4--)9
23
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13
Addendum for Environmental Assessment 2003-473
I. a)-d)
The proposed General Plan Amendment, Change of Zone, Tentative Tract Map
and Site Development Permit will result in the construction of 7 single family
homes. The homes will all be single story, and will have a maximum height of
24 feet. The potential impacts associated with single story homes is
considerably less than commercial development. No impact is expected from
buildout of the proposed project.
II. a)-c)
The proposed project site is neither in a prime agricultural area, nor subject to
Williamson Act contracts.
III. a),b) & d)
The construction of 7 single family homes will result in fewer impacts than that
which could be caused by commercial development. The impacts to air quality
standards or existing plans is expected to be negligible.
Ill.c) The construction of the 7 homes will result in the creation of dust during
construction operations. The Coachella Valley is a severe non -attainment area
for PM10 (particulate matter of 10 microns or smaller).
The proposed project would result in the disturbance of up to 2.33 acres of
land. The site had previously been mass graded as part of the Lake La Quinta
master planning process. Although this mass grading will result in less grading
than might otherwise be expected, the project geologist still recommends that
remedial grading be undertaken. This has the potential to generate 61.5 pounds
per day in fugitive dust during the grading of the site. The site is also in a high
wind erosion hazard area. These factors will result in a potential impact without
mitigation. Mitigation measures have been included to address this issue.
The Valley has recently adopted stricter measures for the control of PM 10.
These include the following control measures.
CONTROL
MEASURE
BCM-1
BCM-2
BCM-3
BCM-4
TITLE & CONTROL METHOD
Further Control of Emissions from Construction Activities:
Watering, chemical stabilization, wind fencing, revegetation,
track -out control
Disturbed Vacant Lands: Chemical stabilization, wind
fencing, access restriction, revegetation
Unpaved Roads and Unpaved Parking Lots: Paving, chemical
stabilization, access restriction, revegetation
Paved Road Dust : Minimal track -out, stabilization of
unpaved road shoulders, clean streets maintenance
430
24
PAGreg T\HayhoeAddendum.wpd
The contractor will be required to submit a PM 10 Management Plan prior to
initiation of any earth moving activity. In addition, the potential impacts
associated with PM 10 can be mitigated by the measures below.
1. Construction equipment shall be properly maintained and serviced to
minimize exhaust emissions.
2. Existing power sources should be utilized where feasible via temporary
power poles to avoid on -site power generation.
3. Construction personnel shall be informed of ride sharing and transit
opportunities.
4. Cut and fill quantities will be balanced on site.
5. Any portion of the site to be graded shall be pre -watered to a depth of
three feet prior to the onset of grading activities.
6. Watering of the site or other soil stabilization method shall be employed
on an on -going basis after the initiation of any grading activity on the
site. Portions of the site that are actively being graded shall be watered
regularly to ensure that a crust is formed on the ground surface, and shall
be watered at the end of each work day.
7. Landscaping of front yards shall be completed as soon as possible to
reduce the potential for dust generation.
8. SCAQMD Rule 403 shall be adhered to, insuring the clean up of
construction -related dirt on approach routes to the site.
9. All grading activities shall be suspended during first and second stage
ozone episodes or when winds exceed 25 miles per hour
10. The project proponent shall conform to the notification standards
included in the 2002 SIP for PM 10 in the Coachella Valley.
III. e) The construction of the proposed project will not generate any objectionable
odors.
IV) a)-f)
The project site has been previously graded, and contains little if any native
vegetation. Further, the site is isolated, and surrounded on all sides by other
developments or by previously graded lands. No significant biological resources
are expected to occur on the site, nor is any significant habitat in existence
there. The impacts associated with biological resources are expected to be 4 .S -k
negligible.
it: 2J
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V. a)-d)
As previously stated, the site has been previously mass graded. The occurrence
of any cultural resources is highly unlikely. Since the City has previously been
a rich source of archaeological material, however, a mitigation measure is
proposed, should any significant resource be found during the grading process.
1. Should any archaeological resource be uncovered during the site grading
process, all work in that area shall cease, and an archaeological monitor,
meeting the City's qualifications, shall be called to inspect the site. The
archaeologist shall be empowered to stop or redirect earth moving
activities. The archaeologist shall be required to submit to the Community
Development Department, for review and approval, a written report on
all activities on the site prior to completion of the project.
VI. a) i)-iv)
A geotechnical report was prepared for the proposed project'. The geotechnical
analysis found that the site occurs in a Zone IV groundshaking zone. The
property, as with the rest of the City, will be subject to significant ground
movement in the event of a major earthquake. The City Engineer will require the
preparation of site -specific geotechnical analysis in conjunction with the
submittal of grading plans. This requirement will ensure that impacts from
ground shaking are reduced to a less than significant level.
VI. b) The site is located in a high blowsand hazard area, and will therefore be subject
to significant soil erosion from wind. The project proponent will be required to
implement the mitigation measures listed under air quality, above, to guard
against soil erosion due to wind. These mitigation measures will lower the
potential impacts associated with wind erosion to a less than significant level.
VI. c)-e)
The soils on the site are not expansive, and will support the development
proposed by the project proponentz. The project geologist recommends the
implementation of remedial grading techniques to ensure the proper compaction
of the soils at the site. A number of recommendations were also made regarding
the footings and foundations at the site. The implementation of these
recommendations will lower the potential impacts to a less than significant
level.
1 Letter Report, Earth Systems Southwest, May, 2003.
2 Ibid.
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�0
VII. a)-h
The construction of 7 homes will not generate hazardous materials, or a risk of
upset associated with those materials. The City's household hazardous waste
requirements will be implemented. No impact associated with hazardous waste
is expected as a result of the proposed project.
VIII. a) & b)
The construction of 7 homes will not significantly impact water supply, nor will
it violate water or wastewater requirements. The construction of commercial
space on the site, which could accommodate up to 35,000 square feet of retail,
office or restaurant use under the current land use designation, would likely
have an equal or greater impact on water supply or water standards.
VIII. c) & d)
The proposed project will be responsible for the drainage of on and off site
flows. The City Engineer requires that all project retain the 100 year storm on -
site. The proposed project will be required to conform to this standard, which
is expected to lower potential impacts to a less than significant level.
Furthermore, the construction of homes is likely to result in less impermeable
surfaces on the site than would be expected with commercial or office
development, so that the potential for on -site percolation is greater with the
proposed project than would be expected with commercial development.
VIII. e)-g)
The construction of 7 homes will not have an impact on the City's storm
drainage system. The site is not located within a FEMA designated 100 year
storm area.
IX. a)-c)
The project will not divide an existing community. On the contrary, the project
represents an extension of the residential land uses which currently occur east
and south of the site. The General Plan currently designates this property for
Community Commercial development. However, its location off the major
arterial (Washington), makes the site less desirable for commercial development.
The requested change in General Plan and Zoning designations will add to the
inventory of available residential land in the City, and only fractionally reduce
the amount of commercial land available. The impacts to land use and planning
associated with the proposed change in land use designation is expected to be
less than significant.
The site is located within the boundary of the Coachella Valley Fringed -toed
Lizard Habitat Conservation Plan. As such, the project proponent will be
required to pay the mitigation fee in place at the time of issuance of building
permits. The payment of the fee will reduce potential impacts to a less than
significant level.
4
P:\Greg T\HayhoeAddendum.wpd 27
X.a) & b)
The project site occurs outside the MRZ-2 Zone, and is not expected to contain
resources.
XI. a) & b)
The construction of 7 homes will have no significant effect on the noise
environment. The project will not generate either excessive noise levels or
ground borne vibration.
XI. c) The construction of the project will generate noise from construction equipment
and activities. Existing homes occur to the south and east of the site but are
separated by roadways and a lake. The construction will be a sufficient distance
away that noise levels at the residential property lines should be well below City
maximum permitted standards.
XI. d) & e)
The project site is not within the vicinity of an airport or airstrip.
XII. a)-c)
The proposed project will result in 7 housing units, which are likely to generate
about 15 residents. This increase in population is not significant. No impacts are
expected to population and housing.
XIII. a)
Buildout of the site will have a less than significant impact on public services.
The proposed project will be served by the County Sheriff and Fire Department,
under City contract. Buildout of the proposed project will generate property tax
which will offset the costs of added police and fire services. The project will be
required to pay the mandated school fees in place at the time of issuance of
building permits. The impacts on parks will be less than significant, since the
residents will have access to private recreational facilities at Lake La Quinta.
XIV. a) & b)
Recreational facilities in the City will not be impacted by the addition of about
15 residents. These residents will also have access to the private recreational
facilities available at Lake La Quinta.
XV. a) & b)
The proposed project will generate approximately 67 trips on a daily basis. The
generation of trips from residential development is much less than that of
commercial office or retail development. The impacts associated with traffic
generation at the site are therefore expected to be lower than those previously
analysed in the General Plan EIR, which considered commercial development on
this site.
' A
P:\Greg T\HayhoeAddendum.wpd 28
XV. c)-g)
The project will not impact air patterns. The design of the site does not create
any hazardous design features. The driveways for each house will access Caleo
Bay, which is a non -General Plan, local street with limited traffic now or at
buildout of the General Plan. The residences will be required to provide on -site
parking to meet the City's parking requirements. The proposed housing will have
access to the public transit available along Washington Street.
XVI. a)-f)
Utilities are available at the project site. The residential units will generate less
need for utilities than commercial development would likely require. No
significant impacts to utilities are expected as a result of the proposed project.
XVII. a)
The proposed project has the potential to impact the habitat of sensitive species
without mitigation. The mitigation provided in Section IV), above, reduces these
potential impacts to a less than significant level.
XVII. d)
The proposed project has the potential to adversely affect human beings, due
to air quality impacts during the construction process. Since the Coachella
Valley is in a non -attainment area for PM 10, which can cause negative health
effects, Section III), above, includes a number of mitigation measures to reduce
the potential impacts on air quality to a less than significant level.
P:\Greg T\HayhoeAddendum.wpd
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RESOLUTION 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING A GENERAL PLAN
CHANGE TO REDESIGNATE 2.33 ACRES FROM THE
COMMUNITY COMMERCIAL (CC) DESIGNATION TO LOW
DENSITY RESIDENTIAL (LDR) FOR THREE PARCELS
LOCATED AT THE NORTHEAST CORNER OF CALEO BAY
AND VIA FLORENCE WITHIN LAKE LA QUINTA
CASE: GENERAL PLAN AMENDMENT 2003-092
APPLICANT: JIM HAYHOE
WHEREAS, the City Council of the City of La Quinta, California, did, on the
1 st day of July, 2003, hold a duly -noticed Public Hearing to consider General Plan
Amendment 2003-092 to redesignate 2.33 acres from the Community Commercial
(CC) designation to Low Density Residential (LDR) designation for three parcels located
at the northeast corner of Caleo Bay and Via Florence within Lake La Quinta, more
particularly described as:
Assessor's Parcel No.: 643-200-009 to -01 1
Parcel 9-11 of Parcel Map 27892
Portion Section 30, T5S, R7E, SBBM
WHEREAS, on the 81h day of April, 2003, the Community Development
Department mailed case file materials to all affected agencies for their review and
comment. All written comments are on file with the Community Development
Department; and
WHEREAS, the Community Development Department published the public
hearing notice in the Desert Sun newspaper on June 10, 2003, for the July 1, 2003
City Council meeting as prescribed by Section 13.12.100 (Public Notice Procedure) of
the Subdivision Ordinance. Public hearing notices were also mailed to all property
owners within 500 feet of the development site on June 9, 2003. To date, no
comments have been received from adjacent property owners; and
WHEREAS, the La Quinta Community Development Department has
completed Environmental Assessment 2003-473. Based upon this Assessment, the
project will not have a significant adverse effect on the environment; therefore, a
Mitigated Negative Declaration is recommended. A Notice of Intent to Adopt a
Mitigated Negative Declaration was posted with the Riverside County Recorder's office
on May 16, 2003, as required by Section 15072 of the California Environmental
Quality Act (CEQA) statutes; and
Resolution 2003-
GENERAL PLAN AMENDMENT 2003-092 - Hayhoe
Adopted: July 1, 2003
Page 2
WHEREAS, the Planning Commission of the City of La Quinta, California,
did, on the 101h day of June, 2003, hold a duly -noticed Public Hearing to consider
General Plan Amendment 2003-092 to redesignate 2.33 acres from the Community
Commercial (CC) designation to Low Density Residential (LDR) designation, and on a 5-
0 vote, adopted Resolution 2003-034; 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 pursuant to Section 9.230.020
of the Zoning Code to justify a recommendation to the City Council for approval of said
land use change:
A. Consistency with the General Plan. The General Plan provides direction for
growth and provides practical policy implementation tools to manage that
growth. The proposed amendment is internally consistent with the goals,
objectives and policies of the General Plan in that it provides for a mix of land
uses similar to what currently exists in the immediate area.
B. Public Welfare: Approval of the proposed land use change will not create
conditions materially detrimental to public health, safety and general welfare in
that the proposal is consistent with existing Lake La Quinta land uses. Although
the proposed residential project (i.e., TTM 31289 and SDP 03-769) will
generate traffic up to 67 vehicle trips per day, the proposed land use change
will add less traffic to the area than the existing commercial designation
C. Land Use Compatibility: The proposed project is compatible with surrounding
Lake La Quinta land uses.
D. Property Suitability: The proposed land use designation is suitable and
appropriate for the property in that it is consistent with the Lake La Quinta
community and urban services are currently accessible to the parcels in
accordance with the goals and objectives of the City General Plan.
E. Change in Circumstances: Approval of the proposed land use change is
warranted because there is a need to supply residential uses adjacent to
commercial areas. This change provides a transitional land use between Lake La
Quinta residential houses and future commercial uses on the west side of Caleo
Bay.
4 v "
33
Resolution 2003-
GENERAL PLAN AMENDMENT 2003-092 — Hayhoe
Adopted: July 1, 2003
Page 3
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 certify Environmental Assessment 2003-473 in that no
significant effects on the environment were identified, provided mitigation
measures are met; and
3. That it does hereby approve General Plan Amendment 2003-092 as contained in
Exhibit "A," attached hereto, and made a part of this Resolution.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council, held on this 1 st day of July, 2003, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, CMC, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
4 i 0
34
CASE: GENERAL PLAN AMENDMENT 2003-092
II Exhibit "A"
Under the request, the Community Commercial (CC) designation will be converted to
Low Density Residential (LDR) for the 2.33-acre site (three parcels) located at the
northeast corner of Caleo Bay and Via Florence within Lake La Quinta. The new LDR
category allows a residential density of up to four dwelling units per acre. Applicant:
Jim Hayhoe for Mike Lang
Assessor's Parcel Numbers: 643-200-009 to -01 1; Parcels 9-11 of Parcel Map 27892
Portion Section 30, T5S, R7E, SBBM
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G/Hayhoe Folder/GPA Exhibit Hayhoe.wpd 35
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA CHANGING 2.33 ACRES OF LAND CURRENTLY
DESIGNATED COMMUNITY COMMERCIAL (CC) TO LOW DENSITY
RESIDENTIAL (RL) AT THE NORTHEAST CORNER OF CALEO BAY
AND VIA FLORENCE
CASE NO.: ZONE CHANGE 2003-114
APPLICANT: JIM HAYHOE
WHEREAS, the City Council of the City of La Quinta, California, did on the
1 st day of July, 2003, hold a duly noticed Public Hearing for Mr. Jim Hayhoe for review of
a Zone Change to allow Low Density Residential zoning on a 2.33-acre site (three parcels)
located at the northeast corner of Caleo Bay and Via Florence, described as follows:
APN: 643-200-009 to -01 1; Parcels 9-1 1 of Parcel Map 27892
WHEREAS, on 8th day of April, 2003, the Community Development
Department mailed case file materials to all affected agencies for their review and
comment. All written comments are on file with the Community Development
Department; and
WHEREAS, it is recognized that the current Official Zoning Map (Zone Code
Section 9.220.010), consisting of Zoning Districts, requires a revision in accordance with
Government Code Section 65860 per General Plan Amendment 2003-092 to assure
consistency with State requirements; and
WHEREAS, the La Quinta Planning Commission on 10th day of June, 2003,
did consider the land use change, and its related development applications, and by a 5-0
vote, recommended approval to the City Council by adoption of Resolution 2003-035;
and
WHEREAS, the Community Development Department published the public
hearing notice in the Desert Sun newspaper on June 10, 2003, for the July 1, 2003 City
Council meeting, as prescribed by Section 9.200.110 of the Zoning Code. Public Hearing
notices were also mailed to affected property owners by Community Development
Department on June 9, 2003. To date, only a letter of support from the Lake La Quinta
HOA has been received; 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 recommending approval of said Zone
Change: ,a
36
Ordinance No.
Zone Change 2003-14 - Hayhoe
Adopted: July 1, 2003
Page 2
A. Consistency with the General Plan: The General Plan provides direction for growth
and provides practical policy implementation tools to manage that growth. The
proposed project is consistent with the City's goals, objectives and policies of the
General Plan in that the project will assist the City by providing a mix of land uses
for future development to help meet the needs of the community per General Plan
Amendment 2003-092.
B. Public Welfare: Approval of the proposed land use change will not create
conditions materially detrimental to public health, safety and general welfare in
that the proposed change is consistent with existing Lake La Quinta land uses.
Adding this project to the Lake La Quinta development (i.e., Low Density
Residential parcels) will establish a land use density of 2.7 dwelling units per acre
which is within the LDR category range pursuant to the applicant's development
applications.
C. Land Use Compatibility: The proposed project is compatible with surrounding uses
and in conformance with General Plan Amendment 2003-092.
D. Property Suitability: The proposed land use designation is suitable and appropriate
for the property in that it is consistent with the Lake La Quinta community and in
accordance with Zoning Code standards. Urban services are currently accessible
to the parcels in accordance with the goals and objectives of the City General Plan.
E. Change in Circumstances: This change provides a transitional land use between
Lake La Quinta residential houses and future commercial uses on the west side of
Caleo Bay.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La
Quinta, California that it does ordain as follows:
SECTION 1. PURPOSE. To rezone three parcels located at the northeast
corner of Caleo Bay and Via Florence from Community Commercial (CC) to Low Density
Residential (RQ for the reasons set forth in this Resolution and as contained in Exhibit
"A" attached hereto and made a part hereof.
SECTION 2. ENVIRONMENTAL. The La Quinta Community Development
Department has completed Environmental Assessment 2003-473. Based upon this
Assessment, the project will not have a significant adverse effect on the environment;
therefore, a Mitigated Negative Declaration is recommended. A Notice of Intent to Adopt
a Mitigated Negative Declaration was posted with the Riverside County Recorder's office
on May 16, 2003, as required by Section 15072 of the California Environmental Quali4r11
Act (CEQA) statutes; and
.1n7
Ordinance No.
Zone Change 2003-14 - Hayhoe
Adopted: July 1, 2003
Page 3
SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption
of this Ordinance, and shall cause the same to be posted in at least three public places
designated by Resolution of the City Council, and shall cause this Ordinance and its
certification, together with proof of posting, to be entered into the Book of Ordinances of
this City.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council this 1st day of July, 2003, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, CMC, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California ell
38
CASE: ZONE CHANGE 2003-114
I Exhibit "A"
Under the request, the CC -Community Commercial designation will be converted to RL-
Low Density Residential for the 2.33-acre site (three parcels) located at the northeast
corner of Caleo Bay and Via Florence within Lake La Quinta. Applicant: Jim Hayhoe
for Mike Lang
Assessor's Parcel Numbers: 643-200-009 to -01 1; Parcels 9-1 1 of Parcel Map 27892
Portion Section 30, TSS, R7E, SBBM
200.83
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G/Hayhoe Folder/W Exhibit Hayhoe2003.wpd
39
RESOLUTION 2003-
A RESOLUTION OF THE OF THE CITY COUNCIL OF LA
QUINTA, CALIFORNIA, APPROVING A SUBDIVISION OF 2.33
ACRES INTO SEVEN SINGLE-FAMILY LOTS LOCATED AT THE
NORTHEAST CORNER OF CALEO BAY AND VIA FLORENCE
CASE: TENTATIVE TRACT MAP 31289
APPLICANT: JIM HAYHOE
WHEREAS, the City Council of the City of La Quinta, California did, on the
1 st day of July, 2003, hold duly noticed Public Hearing to consider a request by Jim
Hayhoe to create seven single family lots on 2.33 acres located at the northeast corner of
Caleo Bay and Via Florence in a Low Density Residential (up to four dwelling units per
acre) Zoning District, more particularly described as:
Assessor's Parcel No.: 643-200-009 to -01 1
Parcel 9-1 1 of Parcel Map 27892; Portion Section 30, T5S, R7E, SBBM
WHEREAS, on 8th day of April, 2003, the Community Development
Department mailed case file materials to all affected agencies for their review and
comment. All written comments are on file with the Community Development
Department; and
WHEREAS, the Community Development Department published the public
hearing notice in the Desert Sun newspaper on June 10, 2003, for the July 1, 2003 City
Council meeting as prescribed by Section 13.12.100 (Public Notice Procedure) of the
Subdivision Ordinance. Public hearing notices were also mailed to all property owners
within 500 feet of the tract map site on June 9, 2003. To date, only one letter of
support from the Lake La Quinta HOA has been received; and
WHEREAS, the La Quinta Community Development Department has
completed Environmental Assessment 2003-473. Based upon this Assessment, the
project will not have a significant adverse effect on the environment; therefore, a
Mitigated Negative Declaration is recommended. A Notice of Intent to Adopt a Mitigated
Negative Declaration was posted with the Riverside County Recorder's office on May 16,
2003, as required by Section 15072 of the California Environmental Quality Act (CEQA)
statutes; and
WHEREAS, the Planning Commission of the City of La Quinta, California
did, on the 10th day of June, 2003, hold duly noticed Public Hearing to consider a
request by Jim Hayhoe to create seven single-family lots on 2.33 acres located at the
northeast corner of Caleo Bay and Via Florence, and on a 5-0 vote, adopted Resolution
2003-036; and
M
Resolution 2003-
TTM 31289 — Hayhoe
Adopted: July 1, 2003
Page 2
WHEREAS, at the Public Hearing upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, said Planning
Commission did make the following Mandatory Findings to justify a recommendation to
the City Council for approval of said Map:
Finding A - Consistency with General Plan, Zoning Code and any
applicable Specific Plans.
The property is designated Low Density Residential (LDR) per General Plan
Amendment 2003-092 which allows up to four residential units per acre. This project
is consistent with the goals, policies and intent of the La Quinta General Plan insofar
as the creation of residential lots will provide for continued growth within La Quinta.
The property is designated Low Density Residential (RL) by Zone Change
2003-1 14 and is consistent with the City's General Plan Land Use Element in that lots
exceed the City's minimum of 7,200 square feet. Additionally, the proposed detached
single family houses under Site Development Permit 2003-769 are consistent in design
with other Lake La Quinta housing stock. The development of the project, as
conditioned, will be compatible with the surrounding area.
Finding B - Site Design and Improvements
Infrastructure improvements to serve the subdivision were installed by the
previous developer. Therefore, the subdivision layout is consistent with the Land Use
Vision Statement in the City's General Plan, which focuses on the facilitation and
integration of development, through desirable character and sensitive design residential
neighborhoods to enhance the existing high quality of life.
Findings C through E - Compliance with the California Environmental
Quality Act.
Various City Departments have determined that the proposed Map could
not have a significant adverse impact on the environment provided that recommended
mitigation is required pursuant to Environmental Assessment 2003-473.
Finding F - Public Health Concerns
The design of the proposed subdivision map and its related improvements are not likely to
cause serious public health problems, in that responsible agencies have reviewed the
project for these issues with no significant concerns being identified. The health, safety
44
41.
Resolution 2003-
TTM 31289 - Hayhoe
Adopted: July 1, 2003
Page 3
and welfare of current and future residents can be assured based on the recommended
conditions, which serve to implement mitigation measures for the project and compliance
with prior development plans and Parcel Map 27892. On April 18, 2003, the Coachella
Valley Water District stated that site is protected from regional stormwater flows and
that their agency will furnish domestic water and sanitation service to the site based on
District regulations.
Site improvements comply with City requirements, provided on -site water
retention is handled per the Lake La Quinta Hydrology Report on file with the Public
Works Department. Dust control measures shall be required during construction work
as required by Chapter 6.16 of the Municipal Code. The site is physically suitable for
the proposed land division, as the area is relatively flat and without physical
constraints, and the Map design is consistent with other surrounding parcels.
That under the City's policy for parks and recreation development, found
in the City's General Plan (Chapter 5), the City's goal is to provide three (3) acres of
park land per 1,000 residents pursuant to Policy 2; this project will provide payment to
the City for usable open space outside the tract's boundary which is allowed pursuant
to Chapter 13.48 of the Subdivision Ordinance.
Finding G - Site Design (Public Easements)
Public easements will be retained and required in order to construct any
houses on the proposed lots, ensuring adequate facilities for future homeowners in
compliance with Section 13.24.100 of the Subdivision Ordinance.
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
said City Council in this case; and
2. That it does hereby certify Environmental Assessment 2003-473 in that no
significant effects on the environment were identified, provided mitigation
measures are met; and
3. That it does hereby approve Tentative Tract Map 31289 for the reasons set
forth in this Resolution and subject to the attached Conditions of Approval.
4 t13
42
Resolution 2003-
TTM 31289 — Hayhoe
Adopted: July 1, 2003
Page 4
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council, held on this 1 st day of July, 2003, by the following vote, to wit:
AYES:
NOTES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, CMC, City Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
4113
413
CITY COUNCIL RESOLUTION 2003-
CONDITIONS OF APPROVAL - RECOMMENDED
TENTATIVE TRACT MAP 31289, JIM HAYHOE
ADOPTED: JULY 1, 2003
GENERAL
1 . The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta
(the "City"), its agents, officers and employees from any claim, action or
proceeding to attack, set aside, void, or annul the approval of this tentative map or
any final map thereunder. The City shall have sole discretion in selecting its
defense counsel.
The City shall promptly notify the applicant of any claim, action or proceeding and
shall cooperate fully in the defense.
2. This tentative map and any final maps thereunder shall comply with the
requirements and standards of § §66410 through 66499.58 of the California
Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta
Municipal Code (LQMC).
3. Prior to the issuance of a grading, construction or building permit, the applicant
shall obtain permits and/or clearances from the following public agencies:
• Fire Marshal
• Public Works Department (Grading Permit, Improvement Permit)
• Community Development Department
• Riverside Co. Environmental Health Department
• Desert Sands Unified School District
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
The applicant is responsible for any requirements of the permits or clearances from
those jurisdictions. If the requirements include approval of improvement plans,
applicant shall furnish proof of said approvals prior to obtaining City approval of
the plans.
The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit. For projects requiring project -specific NPDES
construction permits, the applicant shall submit a copy of the CWQCB
acknowledgment of the applicant's Notice of Intent prior to issuance of a grading
or site construction permit. The applicant shall ensure that the required Storm
Water Pollution Protection Plan is available for inspection at the project site.
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4. Final maps under this tentative map shall be subject to the provisions of the
Infrastructure Fee Program and Development Impact Fee program in effect at the
time of final map approval.
PROPERTY RIGHTS
5. Prior to approval of a final map, the applicant shall acquire or confer easements
and other property rights required of the tentative map or otherwise necessary
for construction or proper functioning of the proposed development. Conferred
rights shall include irrevocable offers to dedicate or grant access easements to
the City for emergency services and for maintenance, construction, and
reconstruction of essential improvements.
6. The applicant shall dedicate or grant public and private street right of way and
utility easements in conformance with the City's General Plan, Municipal Code,
applicable specific plans, and as required by the City Engineer.
7. Right of way dedications required of this development include:
A. PUBLIC STREETS
1. Caleo Bay (Local Street, 60' ROW) — No additional right of way is
required to comply with the General Plan street widths.
8. Dedications shall include additional widths as necessary for dedicated right and
left turn lanes, bus turnouts, and other features contained in the approved
construction plans.
9. The applicant shall grant a perimeter setback easement to the Lake La Quinta
HOA that covers the area between the public right of way and the perimeter
wall shown on the approve site plan for Site Development Permit 2003-769.
10. The applicant shall make provisions for continuous maintenance of landscaping
and related improvements from the perimeter walls to the sidewalk and
including landscaped setbacks, and other public or common areas, by creation
of a Homeowners Association (HOA), or annexation into an existing HOA.
1 1 . The applicant shall dedicate easements necessary for placement of and access
to utility lines and structures, drainage basins, mailbox clusters, parklands, and
common areas.
12. Direct vehicular access to Caleo Bay from lots with frontage along Caleo Bay is
restricted, except for those access points identified on the tentative tract map,
or as otherwise conditioned in these conditions of approval. The vehicular
access restriction shall be shown on the recorded final tract map.
451.
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13. The applicant shall furnish proof of easements or written permission, as
appropriate, from owners of any abutting properties on which grading, retaining
wall construction, permanent slopes, or other encroachments are to occur.
14. If the applicant proposes vacation or abandonment of any existing rights of way
or access easements which will diminish access rights to any properties owned
by others, the applicant shall provide approved alternate rights of way or access
easements to those properties or notarized letters of consent from the property
owners.
15. The applicant shall cause no easements to be granted or recorded over any
portion of this property between the date of approval of this tentative map by
the City Council and the date of recording of any final map(s) covering the
same portion of the property unless such easements are approved by the City
Engineer.
FINAL MAP(S) AND PARCEL MAP(S)
16. Prior to approval of a final map, the applicant shall furnish accurate AutoCad
files of the complete map, as approved by the City's map checker, on storage
media acceptable to the City Engineer. The files shall utilize standard AutoCad
menu items so they may be fully retrieved into a basic AutoCad program.
If the map was not produced in AutoCad or a file format that can be converted to
AutoCad, the City Engineer may accept raster -image files of the map.
IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as
"engineer," "surveyor," and "architect" refer to persons currently certified or
licensed to practice their respective professions in the State of California.
17. Improvement plans shall be prepared by or under the direct supervision of
qualified engineers and landscape architects, as appropriate. Plans shall be
submitted on 24" x 36" media in the categories of "Rough Grading," "Precise
Grading," "Streets & Drainage," and "Landscaping." Precise grading plans
shall have signature blocks for Community Development Director and the
Building Official. All other plans shall have signature blocks for the City
Engineer. Plans are not approved for construction until they are signed.
"Streets and Drainage" plans shall normally include signals, sidewalks, bike paths,
entry drives, gates, and parking lots. "Landscaping" plans shall normally include
irrigation improvements, landscape lighting and entry monuments. "Precise
Grading" plans shall normally include perimeter walls.
The following improvement plans shall be prepared and submitted for review and
approval by the City. A separate set of plans for each line item specified below 4 J 2
shall be prepared. The plans shall utilize the minimum scale specified, unless
46
otherwise authorized by the City Engineer in writing. Plans may be prepared at a
larger scale if additional detail or plan clarity is desired. The applicant may be
required to prepare other improvement plans not listed here pursuant to
improvements required by other agencies and utility purveyors.
Off -Site Street Plan: 1 " = 40' Horizontal
The plan shall show pavement restoration improvements concepts and any mail
box clusters that are proposed.
On -Site Rough Grading Plan: 1 " = 40' Horizontal
Plans for improvements not listed above shall be in formats approved by the
City Engineer.
All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all
existing improvements for a distance of at least 200-feet beyond the project limits,
or a distance sufficient to show any required design transitions.
"Rough Grading" plans shall normally include perimeter walls with Top of Wall &
Top of Footing elevations shown. All footings shall have a minimum of 1-foot of
cover, or sufficient cover to clear any adjacent obstructions.
18. The City may maintain standard plans, details and/or construction notes for
elements of construction. For a fee established by City Resolution, the
applicant may acquire standard plan and/or detail sheets from the City.
19. When final plans are approved by the City, the applicant shall furnish accurate
AutoCad files of the complete, approved plans on storage media acceptable to
the City Engineer. The files shall utilize standard AutoCad menu items so they
may be fully retrieved into a basic AutoCad program. At the completion of
construction and prior to final acceptance of improvements, the applicant shall
update the files to reflect as -constructed conditions. If the plans were not
produced in AutoCad or a file format which can be converted to AutoCad, the
City Engineer may accept raster -image files of the plans.
IMPROVEMENT AGREEMENT
20. Depending on the timing of development of the lots or parcels created by this
map and the status of off -site improvements at that time, the applicant may be
required to construct improvements, to construct additional improvements
subject to reimbursement by others, to reimburse others who construct
improvements that are obligations of this map, to secure the cost of the
improvements for future construction by others, or a combination of these
methods.
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In the event that any of the improvements required herein are constructed by the
City, the applicant shall, at the time of approval of a map or other development or
building permit, reimburse the City for the cost of those improvements.
21. The applicant shall construct improvements, install survey monumentation, and/or
satisfy obligations, or furnish an executed, secured agreement to construct
improvements and/or satisfy obligations required by the City prior to approval of a
final map or parcel map or issuance of a certificate of compliance for a waived
parcel map. For secured agreements, security provided, and the release thereof,
shall conform with Chapter 13, LQMC.
Improvements to be made or agreed to shall include removal of any existing
structures or obstructions which are not part of the proposed improvements.
22. If improvements and/or monumentation installation are secured, the applicant
shall provide estimates of improvement and monumentation installation costs
for checking and approval by the City Engineer. Estimates shall comply with
the schedule of unit costs adopted by City resolution or ordinance. For items
not listed in the City's schedule, estimates shall meet the approval of the City
Engineer.
Estimates for improvements under the jurisdiction of other agencies shall be
approved by those agencies. Security is not required for telephone, gas, or T.V.
cable improvements. However, development -wide improvements shall not be
agendized for final acceptance until the City receives confirmation from the
telephone authority that the applicant has met all requirements for telephone
service to lots within the development.
23. If improvements are phased with multiple final maps or other administrative
approvals (e.g., Site Development Permits), off -site improvements and common
improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall
be constructed or secured prior to approval of the first phase unless otherwise
approved by the City Engineer. Improvements and obligations required of each
phase shall be completed and satisfied prior to completion of homes or occupancy
of permanent buildings within the phase and subsequent phases unless a
construction phasing plan is approved by the City Engineer.
24. If the applicant fails to construct improvements or satisfy obligations in a timely
manner or as specified in an approved phasing plan or in an improvement
agreement, the City shall have the right to halt issuance of building permits or final
building inspections, withhold other approvals related to the development of the
project or call upon the surety to complete the improvements.
GRADING
1 " 4A
25. Grading within the perimeter setback and parkway areas shall have undulating
terrain and shall conform with the requirements of LQMC Section 9.60.240(F)
except as otherwise modified by this condition requirement. The maximum slope 48
shall not exceed 3:1 anywhere in the landscape setback area, except for the
backslope (i.e. the slope at the back of the landscape lot), which shall not exceed
2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet
adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is
within six (6) of the curb, otherwise the maximum slope within the right of way
shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be
depressed one and one-half inches (1.5") in the first eighteen inches (18") behind
the curb.
26. Prior to issuance of a grading permit, the applicant shall furnish a preliminary
geotechnical ("soils") report and an approved grading plan prepared by a qualified
engineer. The grading plan shall conform with the recommendations of the soils
report and be certified as adequate by a soils engineer or engineering geologist.
A statement shall appear on final maps (if any are required of this development)
that a soils report has been prepared pursuant to Section 17953 of the Health and
Safety Code.
27. Prior to occupation of the project site for construction purposes, the applicant shall
submit and receive approval of a Fugitive Dust Control Plan prepared in accordance
with Chapter 6.16, LQMC. The applicant shall furnish security, in a form
acceptable to the City, in an amount sufficient to guarantee compliance with the
provisions of the permit.
28. The applicant shall maintain graded, undeveloped land to prevent wind and water
erosion of soils. The land shall be planted with interim landscaping or provided
with other erosion control measures approved by the Community Development and
Public Works Departments.
29. Prior to issuance of building permits, the applicant shall provide building pad
certifications stamped and signed by qualified engineers or surveyors. For each
pad, the certification shall list the approved elevation, the actual elevation, the
difference between the two, if any, and pad compaction. The data shall be
organized by lot number and listed cumulatively if submitted at different times.
DRAINAGE
30. Stormwater shall be directed to the approved drainage system for Tract
24230/Tract 26152 (Lake La Quinta). Nuisance water from frontages along
Caleo Bay, including driveways, shall be disposed of utilizing the existing Caleo
Bay drainage system. Nuisance water from the back portions of the proposed
residential lots shall be disposed of utilizing the existing stormwater retention
system/lake.
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UTILITIES
31. The applicant shall obtain the approval of the City Engineer for the location of
all utility lines within the right of way and all above -ground utility structures
including, but not limited to, traffic signal cabinets, electrical vaults, water
valves, and telephone stands, to ensure optimum placement for practical and
aesthetic purposes.
32. Existing aerial lines within or adjacent to the proposed development and all
proposed utilities shall be installed underground. Power lines exceeding 34.5 kv
are exempt from this requirement.
33. Utilities shall be installed prior to overlying hardscape. For installation of utilities in
existing, improved streets, the applicant shall comply with trench restoration
requirements maintained or required by the City Engineer. The applicant shall
provide certified reports of trench compaction for approval of the City Engineer.
STREET AND TRAFFIC IMPROVEMENTS
34. The applicant shall install the following street improvements to conform with the
General Plan street type noted in parentheses. (Public street improvements shall
conform with the City's General Plan in effect at the time of construction.)
A. OFF -SITE STREETS - The applicant shall enter into a secured agreement
with the City of La Quinta for fair share cost to implement a painted two-
way left turn lane on Caleo Bay (i.e., center of the street) between Avenue
47 and Avenue 48.
Grind existing Caleo Bay pavement surface (one -tenth foot) by an approved
method and overlay with an equal thickness of an approved asphalt concrete
mix design after all underground utility connections have been made. The
grind/overlay operation shall be continuous across the entire width and length
of Caleo Bay where cuts occur.
35. Entry drives, main interior circulation routes, turn knuckles, corner cutbacks,
bus turnouts, dedicated turn lanes, and other features contained in the
approved construction plans may warrant additional street widths as
determined by the City Engineer.
36. Improvements shall include appurtenances such as traffic control signs, markings
and other devices, raised medians if required, street name signs, and sidewalks.
Mid -block street lighting is not required.
37. The applicant may be required to extend improvements beyond development
boundaries to ensure they safely integrate with existing improvements (e.g., 4
grading; traffic control devices and transitions in alignment, elevation or
dimensions of streets and sidewalks).
50
38. Improvements shall be designed and constructed in accordance with the LQMC,
adopted standards, supplemental drawings and specifications, and as approved by
the City Engineer. Improvement plans for streets, access gates and parking areas
shall be stamped and signed by qualified engineers.
39. Knuckle turns and corner cut -backs shall conform with Riverside County Standard
Drawings #801 and #805 respectively unless otherwise approved by the City
Engineer.
40. Streets shall have vertical curbs or other approved curb configurations which
convey water without ponding and provide lateral containment of dust and residue
for street sweeping. If a wedge or rolled curb design is approved, the lip at the
flowline shall be vertical (1/8" batter) and a minimum of 0.1' in height. Unused
curb cuts on any lot shall be restored to normal curbing prior to final inspection of
permanent building(s) on the lot.
41. The applicant shall submit current mix designs (less than two years old at the time
of construction) for base, asphalt concrete and Portland cement concrete. The
submittal shall include test results for all specimens used in the mix design
procedure. For mix designs over six months old, the submittal shall include recent
(less than six months old at the time of construction) aggregate gradation test
results confirming that design gradations can be achieved in current production.
The applicant shall not schedule construction operations until mix designs are
approved.
42. The City will conduct final inspections of homes and other habitable buildings only
when the buildings have improved street and (if required) sidewalk access to
publicly -maintained streets. The improvements shall include required traffic control
devices, pavement markings and street name signs. If on -site streets are initially
constructed with partial pavement thickness, the applicant shall complete the
pavement prior to final inspections of the last ten percent of homes within the
tract or when directed by the City, whichever comes first.
LANDSCAPING
43. The applicant shall provide landscaping in required setbacks, retention basins,
common lots, and park areas.
44. Landscape and irrigation plans for landscaped lots and setbacks, medians,
retention basins, and parks shall be signed and stamped by a licensed landscape
architect.
45. Landscape areas shall have permanent irrigation improvements meeting the
requirements of the City Engineer. Use of lawn shall be minimized with no lawn or
spray irrigation within 18-inches of curbs along public streets.
4
51
PUBLIC SERVICES
46. The applicant shall provide public transit improvements as required by SunLine
Transit and approved by the City Engineer.
QUALITY ASSURANCE
47. The applicant shall employ construction quality -assurance measures which meet
the approval of the City Engineer.
48. The applicant shall employ or retain qualified civil engineers, geotechnical
engineers, surveyors, or other appropriate professionals to provide sufficient
construction supervision to be able to furnish and sign accurate record drawings.
49. The applicant shall arrange and bear the cost of measurement, sampling and
testing procedures not included in the City's inspection program but required by
the City as evidence that construction materials and methods comply with plans,
specifications and applicable regulations.
50. Upon completion of construction, the applicant shall furnish the City reproducible
record drawings of all improvement plans which were signed by the City. Each
sheet shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed"
and shall be stamped and signed by the engineer or surveyor certifying to the
accuracy of the drawings. The applicant shall revise the CAD or raster -image files
previously submitted to the City to reflect as -constructed conditions.
MAINTENANCE
51. The applicant shall make provisions for continuous, perpetual maintenance of all
on -site improvements, perimeter landscaping, access drives, and sidewalks. The
applicant shall maintain required public improvements until expressly released from
this responsibility by the appropriate public agency.
FEES AND DEPOSITS
52. The applicant shall pay the City's established fees for plan checking and
construction inspection. Fee amounts shall be those in effect when the applicant
makes application for plan checking and permits.
53. Permits issued under this approval shall be subject to the provisions of the
Development Impact Fee program in effect at the time of issuance of building
permit(s).
4 S
Jti
FIRE DEPARTMENT
54. For residential areas, approved standard fire hydrants, located at each street
intersection and spaced 330 feet apart with no portion of any lot frontage more
than 165 feet from a hydrant. Minimum fire flow shall be 1,000 g.p.m. for a 2-
hour duration at 20 psi.
55. Blue dot retro-reflectors shall be placed in the street 8-inches from centerline to the
side that the fire hydrant is on, to identify fire hydrant locations.
56. Gates, if any, shall be equipped with a rapid entry system (KNOX). Plans shall be
submitted to the Fire Department for approval prior to installation. Gate pins shall
be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the
rapid entry system shall remain open until closed by the rapid entry system.
57. The required water system, including fire hydrants, shall be installed and accepted
by the appropriate water agency prior to any combustible building materials being
placed on an individual lot. Two sets of water plans are to be submitted to the
Fire Department for approval.
58. Building plan check (non-residential, if any) is to run concurrent with the City of La
Quinta plan check.
59. Conditions are subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained within 12 months. Final conditions will be
addressed when plans are reviewed. A plan check fee must be paid to the Fire
Department at the time construction plans are submitted. All questions regarding
the meaning of the Fire Department conditions should be referred to the Fire
Department Planning & Engineering staff at (760) 863-8886.
MISCELLANOUS
60. All public agency letters received for this case are made part of the case file
documents for plan checking purposes.
61. All mitigation measures included in Environmental Assessment 2003-473 are
hereby included in this approval.
62. The Community Development and Public Works Directors may allow minor
design changes to the final map application that include a reduction in the
number of buildable lots and changes in lot sizes, provided the applicant
submits a Substantial Compliance Application to the Public Works Department
during plan check disclosing the requested changes and how the changes
occurred. These changes shall be conveyed to the City Council when the map
is presented for recordation consideration. , 9
V
53
63. Two copies of the draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the Community Development Department during final map
processing. The City Attorney shall approve the document before the subdivision
map is recorded. Within six months of the subdivision map being recorded, Tract
31289 shall be annexed into the Lake La Quinta HOA in order to ensure orderly
development of the master planned community and its privately maintained
facilities.
During on -site sales activities, the developer shall disclose to the buyers that
commercial development is planned on the west side of Caleo Bay.
64. The tentative map shall expire on July 1, 2005, unless an extension is granted per
Section 13.12.150 of the Subdivision Ordinance.
460
54
RESOLUTION 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, APPROVING TWO PROTOTYPE ONE
STORY SINGLE FAMILY HOUSE PLANS RANGING IN SIZE
FROM 3,080 SQ. FT. TO OVER 3,300 SQ. FT. FOR
TENTATIVE TRACT MAP 31289 WITHIN LAKE LA QUINTA
CASE NO.: SITE DEVELOPMENT PERMIT 2003-769
APPLICANT: JIM HAYHOE
WHEREAS, the City Council of the City of La Quinta, California, did on
the 1 st day of July, 2003, consider a request by Mr. Jim Hayhoe to approve
architectural and landscaping plans for detached single story residential houses on
seven lots located at the northeast corner of Caleo Bay and Via Florence in a RL Zone
District, more particularly described as:
Assessor's Parcel Numbers: 643-200-009 to -01 1
Parcel 9-1 1 of Parcel Map 27892
WHEREAS, on 81h day of April, 2003, the Community Development
Department mailed case file materials to all affected agencies for their review and
comment. All written comments are on file with the Community Development
Department; and
WHEREAS, the City's Architecture and Landscape Review Committee
approved the developer's plans on 7t' day of May, 2003, on a vote of 2-0, by adoption
of Minute Motion 2003-020, subject to minor changes to the proposed landscape plan
being made during plan check processing; and
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 10t' day of June, 2003, on a 5-0 vote, recommend to the City Council
approval of the architectural and landscaping plans for detached single story residential
houses on seven lots located at the northeast corner of Caleo Bay and Via Florence by
adoption of Resolution 2003-037; and
WHEREAS, the La Quinta Community Development Department has
completed Environmental Assessment 2003-473. Based upon this Assessment, the
project will not have a significant adverse effect on the environment; therefore, a
Mitigated Negative Declaration is recommended. A Notice of Intent to Adopt a
Mitigated Negative Declaration was posted with the Riverside County Recorder's office
on May 16, 2003, as required by Section 15072 of the California Environmental
Quality Act (CEQA) statutes; and
461-
5J
Resolution 2003-
SDP 2003-769 - Hayhoe
Adopted: July 1, 2003
Page 2
WHEREAS, the Community Development Department published the Public
Hearing notice in the Desert Sun newspaper on June 10, 2003 for the July 1, 2003
City Council meeting as prescribed by Section 9.200.1 10 (Public Notice Procedure) of
the Zoning Code. Notices were also mailed to property owners within 500 feet of the
project site on June 9, 2003. To date, only a letter of support from the Lake La
Quinta HOA has been received; and
WHEREAS, upon hearing and considering all testimony and arguments, if
any, of all interested persons wanting to be heard, said City Council did find the
following facts and reasons to justify approval of said Site Development Permit
pursuant to Section 9.60.330 (Residential Tract Development Review) and Section
9.210.010 (Site Development Permits) of the Zoning Ordinance:
1 . General Plan and Zoning Code Consistency - The General Plan provides direction
for growth and policy implementation tools to manage that growth. The
property is designated Low Density Residential (LDR) pursuant to General Plan
Amendment 2003-092, allowing residential land uses up to four units per acre.
The project, as conditioned, is consistent with the goals, objectives, and policies
of the General Plan and Zoning Code.
2. Compliance with the California Environmental Quality Act - The site has been
previously disturbed pursuant to the requirements of Tracts 24230 and 26152.
Various City Departments have determined that the proposed single family
development could not have a significant adverse impact on the environment
provided that recommended mitigation is required pursuant to Environmental
Assessment 2003-473.
3. Architectural Compatibility - The one-story houses are architecturally compatible
with materials used to construct existing Lake La Quinta houses in that exterior
walls are covered in plaster and roofing is clay S-tile. The overall design
elements of the project are aesthetically pleasing and consistent with
neighboring houses.
4. Site Design Compatibility - Site grading for the project is minimal and consistent
in design with abutting properties, as conditioned. The proposed one-story
houses allow mountain vistas, to the west, to be preserved in a greater fashion
than if multistoried buildings were planned. The seven individual driveways on
Caleo Bay have been determined to be properly spaced, and will not impede
traffic movement.
Resolution 2003-
SDP 2003-769 — Hayhoe
Adopted: July 1, 2003
Page 3
5. Building Sizes - Housing sizes exceed 3,000 square feet, which is greater than
the minimum requirement of 1,400 square feet under the RL Zone District
provision and in keeping with Lake La Quinta development policies.
6. Landscape Design Compatibility - Landscaping for Caleo Bay includes a variety
of trees and palms, shrubs, groundcover and turf. The plant palette is varied
and blends with the proposed Lake La Quinta improvements in the immediate
area, as conditioned. The landscape design compliments the surrounding
residential and commercial areas in that it enhances the aesthetic and visual
quality of the area.
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 certify Environmental Assessment 2003-473 in that no
significant effects on the environment were identified, provided mitigation
measures are met; and
3. That it does hereby approve Site Development Permit 2003-769 for the reasons
set forth in this Resolution, subject to the findings and conditions.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council, held on the 1st day of July, 2003, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
57
Resolution 2003-
SDP 2003-769 - Hayhoe
Adopted: July 1, 2003
Page 4
ATTEST:
JUNE S. GREEK, CMC, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
464
53
CITY COUNCIL RESOLUTION 2003-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2003-769, JIM HAYHOE
ADOPTED: JULY 1, 2003
GENERAL
1. The applicant/property owner agrees to defend, indemnify, and hold harmless the
City of La Quinta (the "City"), its agents, officers and employees from any claim,
action or proceeding to attack, set aside, void, or annul the approval of this
application and any other challenge pertaining to this project. This indemnification
shall include any award toward attorney's fees.
The City shall promptly notify the applicant of any claim, action or proceeding and
shall cooperate fully in the defense.
2. Building permits shall be issued within one year, unless an extension is applied for
and granted by the Planning Commission, pursuant to Section 9.200.080 of the
Zoning Code. Minor amendments to the development plans shall be subject to
approval by the Community Development Director.
3. Final front yard and Caleo Bay parkway landscaping plans shall be submitted to the
Community Development Department for review and approval prior to issuance of
any building permit for units authorized by this approval in compliance with
Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code. The landscape
and irrigation plans shall be approved by the Coachella Valley Water District and
Riverside County Agriculture Commissioner prior to submittal of the final plans to
the Community Development Department. Specific landscape requirements for the
project are:
A. Front and rear yard landscaping shall consist of two trees (i.e., a minimum
1.5-inch caliper measured three feet up from grade level after planting), ten
5-gallon shrubs, and groundcover. Palm trees may count as a shade tree if
the trunk is a minimum six feet tall. Double lodge poles (two-inch diameter)
shall be used to stake trees. All shrubs and trees shall be irrigated by
bubbler or emitters. To encourage water conservation, no more than 50%
of the front yard shall be devoted to turf. Future homebuyers shall be
offered an option to have no turf areas in their front yard through the use of
desertscape materials.
B. Parkway shade trees shall be delivered to the site in 24-inches or larger
boxes with minimum two-inch calipers. Trees shall be a minimum height of
ten feet once installed. Parkway landscaping improvements on Caleo Bay
shall be maintained by the future homeowners association.
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C. Shrubs that shall not be used abutting Caleo Bay are Agapanthus africanus
'Peter Pan', Buxus microphylla japonica, and Pittosporum tobira 'variegata';
parkway shrubs shall be able to withstand the intense summer heat and
seasonal winds.
D. The developer, and subsequent property owner(s), shall continuously
maintain all required front yard and parkway landscaping in a healthy and
viable condition as required by Section 9.60.240 (E3) of the Zoning Code.
4. Prior to building permit issuance, all required RL District requirements shall be met,
including any planned architectural projections. Section 9.50.060 of the Zoning
Code addresses architectural projection requirements for features such as
chimneys, cantilevered window seats, roof overhangs, etc.
5. Caleo Bay masonry walls shall be clad in stucco to match the existing Lake La
Quinta perimeter walls to the south of the development. Pilasters may be
constructed using split -face masonry or a combination of other types of decorative
materials. The location and height of rear yard walls abutting the lake shall be
approved by the Lake La Quinta HOA before applying for a building permit.
6. A centralized mailbox delivery system shall be used for the project pursuant to any
requirements of the U.S. Postal Service, unless individual mailboxes are allowed.
PUBLIC SAFETY
7. Install wide -angled peepholes into front doors.
8. Graffiti resistant paint should be applied to Caleo Bay walls.
9. Landscaping shall be of the type and situated in locations to maximize observation
while providing the desired degree of aesthetics. Security planting materials are
encouraged along fence and property lines, and under vulnerable windows.
Additional public safety information may be obtained by contacting Senior Deputy
Andy Gerrard at (760) 863-8950.
FIRE DEPARTMENT
10. Private driveway access gates shall be equipped with a rapid entry system (KNOX),
unless otherwise allowed by the Fire Marshal. Plans shall be submitted to the Fire
Department for approval prior to installation. Gate pins shall be rated with a shear
pin force, not to exceed 30 pounds. Gates activated by the rapid entry system
shall remain open until closed by the rapid entry system. A final inspection is
required once the gate improvements have been installed.
1 1 . Final conditions will be addressed when plans are reviewed. A plan check fee must
be paid to the Fire Department at the time construction plans are submitted. For 466
additional assistance, please contact the Fire Department Planning & Engineering
staff at (760) 863-8886. 60
MISCELLANEOUS
12. The developer shall comply with all applicable conditions of Tentative Tract Map
31289 and Environmental Assessment 2003-473.
4 6' 7
61.
� I ATTACHMENT #1
CASE: ENVIRONMENTAL ASSESSMENT 2003-473, GENERAL
PLAN AMENDMENT 2003-092, ZONE CHANGE 2003-114,
TENTATIVE TRACT MAP 31289 AND SITE DEVELOPMENT
PERMIT 2003-769
Vicinity Map
Assessor's Parcel Numbers: 643-200-009 to -011; Parcels 9-11 of Parcel Map 27892
Portion Section 30, T5S, R7E, SBBM
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ATTACHMENT 5
Architectural & Landscape Review Committee Minutes
May 7, 2003
retention basin planting schemes in front of the project. Mr.
Brudvik stated they were his la architects (Casa Verde
Landscape), who were unable end the meeting. Committee
Member Thoms stated "the ng designs are not very good. It
appears to be complica probably not what they want at the
front of the project street exposure is like the front yard of
a house. This n o go back to the landscape architect as it is
too complic or this project. Staff gave a history of the
project.
3. Co a Member Bobbitt asked i ench doors were to be
of wood. Mr. Brudvik sta not wood, but composite
od material.
4. There being no further ssion, it was moved and seconded by
Committee Member ms/Cunningham to adopt Minute Mo
2003-019, appro Site Development Permit 2003-
amended:
a. The five retention basins shall be gned by the
landscape architect and reviewe approved by the
Community Development Departm
Unanimously approved.
E. Site Development Permit 2003-769.; a request of Jim Hayhoe for Mike
Lang for review of architectural and landscaping plans for Tentative Tract
tN 31289 located at the northeast corner of Caleo Bay and Via Florence
within lake La Quinta.
1. Committee Member David Thorns excused himself due to a
potential conflict of interest due to the proximity of his residence
to this project and left the room.
2. Associate Planner Greg Trousdell gave an overview of the project
and introduced Ray Martin, landscape architect, who gave a
presentation on the Caleo Bay parkway landscaping.
3. Committee Member Cunningham stated he likes the visual relief
for Lake La Quinta to take the residential out to Caleo Bay to make
them mini -estate houses.
G:\WPDOCS\ARLC\5-7-03.wpd 7
t �-
66
Architectural & Landscape Review Committee Minutes
May 7, 2003
4. Committee Member Bobbitt stated the Pittosporm "Wheeled" and
Agapanthas will burn in the summer heat (on the west exposure)
and the buxus are bad over the long term. They need more sun
tolerant plants.
5. There being no further discussion, it was moved and seconded by
Committee Members Bobbitt/Cunningham to adopt Minute Motion
2003-020 approving Site Development Permit 2003-769, as
amended:
a. The applicant shall revise the plant pallette to utilize more
sun tolerant plants.
Unanimously approved with Committee Member Thoms being
absent.
Committee Member Thoms rejoined the meeting.
F. Commercial Property Im rov t Program 2003-0 ; a request of La
Quinta Real Estate-Rupe ayian for review of a request fund exterior
improvements at 7 alle Estado.
1. Mana t Assistant Debbie Powell gave an ove the
pr nd introduced Rupert Yessayian represe a project,
gave a presentation on the request.
3.
Committee Member Cunningham st
was designed for in the Village a
and Bobbitt agreed.
is what the program
;tee Members Thoms
There being no further ssion, it was moved an
Committee Memningham/Bobbitt to adopt
2003-021, appb CPIP 2003-022, with a tot-,
Unanimously approved.
VI. CORRESPONDENCE AND WRITTEN MATERIAL: None
VII. COMMITTEE MEMBER ITEMS:
G:\WPDOCSWRL05-7-03.wpd 8 67
Jun 04 03 05:31P Johlei 1ler 760-q* 4514 P.
LAKE LA QUINTA HOMEOWNER'S ASSOCIATON
c/o J & W MANAGEMENT
P.O. BOX 1398 PALM DESERT, CA 92261
(760) 568-0349
June 04, 2003 ATTACHMENT 6
SENT VIA FACSIMILE
(760) 777-1233
City of La Quinta
Associate Planner
Greg Trousdell
78-495 Calle Tampico
Post Office Box 1504
La Quinta, CA 92253
Dear Mr. Greg Trousdell:
The Lake La Quinta Board of Directors as well as the Lake La Quinta
Homeowner's Association, requests that you look favorably at the request >
"Jim Hayhoe Lake La Quinta 7 Unit Development" and have the
commercial property that is located on Caleo Bay, next to the existing Lake
La Quinta Inn, rezoned to R-1 single-family residences.
The residents of Lake La Quinta have already voted to have this property
annexed into the Lake La Quinta Homeowner's Association if the property
is rezoned from commercial to residential. Over 216 of the 281 members
have returned their signed ballots voting in favor of this great project.
We ask that you please consider this wonderful addition to our city as well
as to the Lake La Quints community. Th�Ve� the re of ng of the property to
s that this project
would be an asset and asks that youpp
residential -
If I can be of any further assistance please do not hesitate to contact me.
Sincerely, c
Y
hn Miller
President
(760) 564-3642
06-64-03 16:32
RECEIVED PROM:760 564 4514
p.0�
ei �t
Y�
ATTACHMENT #7
Planning Commission Minutes
June 10, 2003
ROLL CALL: AYES: Commis - ers Abels, Kirk, Robbins, Tyler, and
Chairman $a1(er. NOES: None. ABSENT: None. ABSTAIN:
C. Environmental Assessment 2003-473, General Plan Amendment 2003-
092, Zone Change 2003-114, Tentative Tract Map 31289, and Site
Development Permit 2003-769; a request of Jim Hayhoe for
consideration of: 1) Certification of a Mitigated a Mitigated Negative
Declaration; 2) Change of the General Plan Land Use Category from
Community Commercial to Low Density Residential; 3) Change to the
Zoning District from Community Commercial to Low Density Residential;
4) Subdivision of three parcels into seven single family lots; and 5)
Review of architectural, landscape, and site plans for two single story
house plans ranging in size from 3,080 square feet to 3,362 square feet.
1. Chairman Butler opened the public hearing and asked for the staff
report. Associate Planner Greg Trousdell presented the information
contained in the staff report, a copy of which is on file in the
Community Development Department.
2. Chairman Butler asked if there were any questions of staff.
Commissioner Tyler asked staff who determines what the fair
share cost of the two-way left turn lane should be as referenced in
Condition 34.A.1. Assistant City Engineer Steve Speer stated the
City will have to take the lead and ask the developers to pay their
fair share. It is a two-way left turn lane in the center of the street
and it is yet to be determined what the fair share will be to each of
the developers. Commissioner Tyler asked staff to clarify
Condition 34.A.2. Staff stated the intent is that the applicant will
have to across the street to hook up to the utilities (7 utility
trenches). The intent is for the developer to grind off 1 /10 of the
depth of the pavement for the entire width and length of the street
they are cutting, then overlay it back with smooth, new asphalt.
Commissioner Tyler asked if a condition could be added to require
the developer to provide a disclosure that a commercial
designation exists across the street. Staff stated a condition
would be added.
3. Commissioner Kirk asked if all commercial properties to the west
had been approved. Staff stated Lots 1, 2, part of 3, and 4 have
not yet been built out. Commissioner Kirk stated his concern was
that by only placing a requirement in the CC&R's, the people
purchasing will not have knowledge of it. Staff suggested it be
included in the sales agreement for each house as well.
1
4'7 5
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69
Planning Commission Minutes
June 10, 2003
4. There being no further questions of staff, Chairman Butler asked if
the applicant would like to address the Commission. Mr. Jim
Hayhoe, developer, stated he has no objection to the conditions
and is available to answer any questions.
5. Commissioner Tyler asked about Plan 2A in regard to the location
of the air conditioning condenser being next to the guest bedroom.
He would suggest a different location.
6. There being no further questions of the applicant, Chairman Butler
asked if there was any other public comment on this project.
7. There being no other public participation, Chairman Butler closed
the public participation portion of the hearing and opened the
matter up for Commission discussion.
8. There being no further discussion, it was moved and seconded by
Commissioners Abels/Tyler to adopt Planning Commission
Resolution 2003-033, recommending Certification of a Mitigated
a Mitigated Negative Declaration for Environmental Assessment
2003-473, as recommended.
ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and
Chairman Butler. NOES: None. ABSENT: None. ABSTAIN:
None.
9. It was moved and seconded by Commissioners Abels/Robbins to
adopt Planning Commission Resolution 2003-034, recommending
approval of General Plan Amendment 2003-092, as recommended.
ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and
Chairman Butler. NOES: None. ABSENT: None. ABSTAIN:
None.
10. It was moved and seconded by Commissioners Abels/Tyler to
adopt Planning Commission Resolution 2003-035, recommending
approval of Zone Change 2003-1 14, as recommended.
ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and
Chairman Butler. NOES: None. ABSENT: None. ABSTAIN:
None.
11. It was moved and seconded by Commissioners Abels/Robbins to
adopt Planning Commission Resolution 2003-036, recommending
approval of Tentative Tract Map 31289, as amended:
G:\WPDOCS\PC MINUTES\6-10-27-03WD.DOC 70
Planning Commission Minutes
June 10, 2003
a. Condition #34.A.2: clarify wording
b. Condition #44: amend to state front and rear yards
C. Condition #63: require a disclosure in the sales contract
regarding the commercial property to the west of the site.
ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and
Chairman Butler. NOES: None. ABSENT: None. ABSTAIN:
None.
12. It was moved and seconded by Commissioners Abels/Tyler to
adopt Planning Commission Resolution 2003-037, recommending
approval of Site Development Permit 2002-769, as
recommended/amended :
a. Condition #3: add "final front and rear yards.
ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and
Chairman Butler. NOES: None. ABSENT: None. ABSTAIN:
None. /I
D. Environmental Assessment 2002-462, Specific Plan 200�62, and Site
Development Permit 2002-754; a request of Marin�ita Development
Company for 1) ) Certification of a Mitigated Negative Declaration; 2)
review of development principles and design guidelines for a 50,000
square foot market, 23,000 square foot drug ptd retail store, and 20,970
square feet of retail shops.
1. Planning Manager Oscar Orti informed the Commission the
applicant had requested a pontinuance to the meeting of June 24,
2003.
2. There being no further discussion, it was moved and seconded by
Commissioners ,,Kirk/Abets to continue project to June 24, 2003.
Unanimouslyepproved.
E. Environmental ssessment 2003-472, Specific Plan 2003-064, and
Tentative Tr t Map 31202; a request of Desert Elite for : 1) Certification
of a Mitigaod Negative Declaration; 2) development principals and design
guidelin for a residential development; and 3) the subdivision of 79.21
acres ' to 202 single family homes, for the property located at the
sout west corner of Monroe Street and Avenue 52.
E
1
1
G:\WPDOCS\PC MINUTES\6-10-27-03WD.DOC