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1995 10 17 CCing -> 14 ffl OF CoLflc?1 enla CITY COUNCIL CRAMBER 78A95 Calle Tampico La Quinta, California 92253 Regiilar Meeting October 17, 1995 3:00 P.M. CAIL Th ORDER a. Pledge of Allegiance Beginning Res. No.95-73 b. Roll Call Ord. No.275 CO?NFU?ON OF AGENDA APPROVAL OF MINIJIES a. Approval of Mmutes of September 29, October 3, October 5, & October 11, 1995 ANNOUNCE?!NTS Announcemeni of 1995 California Cities Helen Putnam Award for Excellence for Kidsline Announcement of Inland Empire Chapter ofthe American Planning Association 1995 Vintages & Vinegars Award for the Ci yic Center Design PRESENTATIONS jOO?O1 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14PUBUC COMMENT This is the time set aside for public comment on any matter not scheduled for pubhc hearing. Please complete a request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. wKRIIi'?[' CORRESPONDENCE None BUSINESS SESSION 1. CONSIDERATION OF REAPPROPRIATION OF CERTAIN CAPITAL PROJECT FUNDS A) MINUTE ORDER ACTION. 2. CONSIDERATION OF ADOPTION OF RESOLUTION APPROVING AN AGREEMENT RELATING TO CONSENT TO THE TRANSFER OF CONTROL OF THE FRANCHISE AGREEMENT GRANTED TO COLONY CABLEVISION. A) RESOLUTION ACTION. 3. CONSIDERATION OF ADOPTION OF RESOLUTION APPROVING A MULTI-CHANNEL SERVICE PROVIDER FRANCHISE AGREEMENT WITH COLONY CABLEVISION. A) RESOLUTION ACTION. 4. CONSIDERATION OF A REQUEST OF THE ART IN PUBLIC PLACES COMMITTEE FOR REVIEW AND APPROVAL OF A MASTER PLAN AND RENAMING THE COMMITTEE TO A COMMISSION. A) MINUTE ORDER ACTION. Page 2 L)?OUO2 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 145. CONSIDERATION OF ACTIONS ESTABLISHING A COMMUNITY FACILITIES DISTRICT 95-01 FOR THE VISTA SANTA ROSA DEVELOPMENT LOCATED IN THE EASTERN PORTION OF THE CITY: 5.1. ADOPTION OF RESOLUTION OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND AUTHORIZE THE LEVY OF A SPECIAL TAX TO PAY THE COST OF CONSTRUCTING CERTAIN FACILITIES AND EXPENSES OF THE DISTRICT AND TO PAY DEBT SERVICE ON THE BONDS. 5.2. ADOPTION OF RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $12,000,000 WITHIN THE COMMUNITY FACILITIES DISTRICT. 5.3. AUTHORIZING PUBLICATION OF A NOTICE OF PUBLIC REARING ON THE INTENTION TO LEVY SPECIAL TAXES WITH THE COMMUNITY FACILITIES DISTRICT AND TO ISSUE BONDS. A) RESOLUTION ACTION 5.1 & 5.2) B) MINUTE ORDER ACTION 5.3) 6. CONSIDERATION OF RECOMMENDATION OF THE HUMAN SERVICES COMMISSION TO INSTALL A CITY BULLETIN BOARD AT THE ONE ELEVEN LA QUINTA CENTER. A) MINUTE ORDER ACTION. 7. CONSIDERATION OF AUTHORIZATION TO RECEIVE BIDS FOR WASHINGTON STREET INTERIM IMPROVEMENTS PROJECT NO.95-OS. A) MINUTE ORDER ACTION. 8. CONSIDERATION OF A RESOLUTION APPROVING THE APPLICATION FOR AN INTERMODAL TRANSPORTATION EFFICIENCY ACT GRANT TO CONSTRUCT A BICYCLE AND PEDESTRIAN PATH IN THE CITY OF LA QUINTA. A) RESOLUTION ACTION. 9. TRANSMITTAL OF TREASURER'S REPORT DATED AUGUST 31, 1995 FOR THE CITY OF LA QUINTA AND THE LA QUINTA FINANCING AUTHORITY. A) MINUTE ORDER ACTION. 10. SECOND READING OF ORDINANCE NO.274- RE: CHO. OF ZONE THE KEITH COMPANIES. Page 3 OOO3 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14CONSENT CAu??NI)AR Note: Consent Calendar Items are considered to be routine in nature and will be approyed by one motion. 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 17,1995. 2. DENIAL OF CLAIM FOR DAMAGES FOR GARY DUNN, DATE OF LOSS, JUNE22, 1995, IN THE AMOUNT OF $260. 3. DENIAL OF CLAIM FOR DAMAGES FOR JOSE M. GARCIA, DATE OF LOSS, JUNE 18,1995. 4. DENIAL OF CLAIM FOR DAMAGES FOR RICHARD T. JONES, JR., DATE OF LOSS, MAY 25, 1995. 5. ADOPTION OF RESOLUTION CONFIRMING AND ACKNOWLEDGING THE EXPIRATION OF THE CONTRACT FOR AGRICULTURAL PRESERVE #74. 6. APPROVAL OF REPORT OF ACTION TAKEN BY THE PLANNING COMMISSION ON CONDITIONAL USE PERMIT 95-022, A REQUEST TO ESTABLISH A VEHICLE SALES LOT ON A PORTION OF A 2.7-ACRE SITE AT 79-410 HIGHWAY 111. APPLICANT: MR. MOE NOURKHAH. 7. ADOPTION OF RESOLUTION TO ALLOW TEMPORARY CLOSURE OF A PORTION OF WASHINGTON STREET AND 52ND AVENUE AND APPROVAL OF THE USE OF THE CIVIC CENTER PARKING LOT AREA FOR THE ANNUAL LA QUINTA CHAMBER OF COMMERCE 10K RUN/2 MILE WALK ON NOVEMBER 12, 1995. APPLICANT: LA QUINTA CHAMBER OF COMMERCE. 8. APPROVAL OF REPORT OF ACTION TAKEN BY THE PLANNING COMMISSION ON PLOT PLAN 92-490 REVISED) AND SPECIFIC PLAN 92-022; A ONE-YEAR EXTENSION OF TIME FOR A PREVIOUSLY-APPROVED COMMERCIAL PROJECT AT THE NORTHWEST CORNER OF HIGHWAY 111 AND JEFFERSON STREET. APPLICANT: MICHAEL HURST, ARCHITECT. 9. APPROVAL OF OVERNIGHT TRAVEL FOR THE MAINTENANCE MANAGER TO ATTEND A PAVEMENT MANAGEMENT SEMINAR IN LAS VEGAS, NEVADA, NOVEMBER 30-DECEMBER 1,1995. 10. ADOPTION OF RESOLUTION ESTABLISHING ALLOWABLE FORMS OF, AND ACCEPTANCE STANDARDS FOR, IMPROVEMENT SECURITY. 11. APPROVAL OF THE CITY'S DISADVANTAGED BUSINESS ENTERPRISE DBE) POLICY FOR FISCAL YEAR 1995/96. 12. ACCEPTANCE OF TRAFFIC SIGNAL IMPROVEMENTS AT MILES AVENUE AND DUNE PALMS ROAD, PROJECT NO.95-03. Page 4 OOO.JLu?1 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 13. APPROVAL OF SUNLINE SERVICES GROUP TAXI REGULATORY IMPLEMENTATION AGREEMENT. 14. APPROVAL OF SETTLEMENT AND RELEASE AGREEMENT WITH DONALD C. ANDREWS CONCERNING A PORTION OF THE LIQUIDATION FOR THE STEVEN D. WYMER QUALIFIED SETTLEMENT FUND. STUDY SESSION 1 PRESENTATION BY BOYS & GIRLS CLUB OF COACHELLA VALLEY LA QUINTA UNIT. REPORTS AND INF?)RMATIONAL iii?:?? A PLANNING COMMISSION MINUTES OF SEPTEMBER 26,1995 B ART IN PUBLIC PLACES COMMITTEE MINUTES OF SEPTEMBER 11, 1995 C. INVESTMENT ADVISORY BOARD MINUTES OF JULY 12, 1995 D. PARKS & RECREATION COMMISSION MINUTES OF SEPTEMBER 11, 1995 E. CVAG COMMITTEE REPORTS F. SUNLINE REPORTS G. C.V. MOUNTAINS CONSERVANCY H. COACHELLA VALLEY MOSQUITO ABATEMENT DISTRICT I. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE J. ALL OTHER BOARDS/COMMISSIONSIJPA'S DEPARThI!IENT REPORTS A. CITY MANAGER B. CITYATTORNEY 1. REPORT REGARDING POLICY ON ACTION TAKEN IN STUDY SESSION. C. CITY CLERK NONE D. BUILDING AND SAFETY DIRECTOR NONE E. COMMUNITY DEVELOPMENT DIRECTOR NONE F. FINANCE DIRECTOR 1. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT FOR THE CITY OF LA QUINTA AND THE LA QUINTA FINANCING AUTHORITY DATED AUGUST 31, 1995. G. PARKS & RECREATION DIRECTOR NONE H. PUBLIC WORKS DIRECTOR NONE I. SHERIFF'S STATION COMMANDER NONE PageS BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14MAYOR AND COUNCIL MEMBERS' iim??? I. DISCUSSION OF CITY COUNCIL DECORUM PERKINS) 2. DISCUSSION REGARDING UPDATE ON THE CITY'S DISASTER PREPAREDNESS PLAN. CATHCART) RECESS TO REDEVELOPMENT AGENCY MEETING RECESS UNTIL 7:00 P.M. PUBUC COMMENT This is the time set aside for public comment on any matter not scheduled for a public hearing. Please complete a request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. PREFFNTAONS PUBUC HEAANGS JOINT PUBUC HEARING BETWEEN THE IA OUINTA CITY COUNCIL AND THE IA OUINTA REDEVE?PMNNT AGENCY BOARD OF DIREC'IORS. 1. AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE BOYS AND GIRLS CLUB OF THE COACHELLA VALLEY/BUILDING HORIZONS PROGRAM. A) RESOLUTION ACTION. Page 6 OO&3'6 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 2. DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LA QUINTA AND DESERT SANDS UNIFIED SCHOOL DISTRICT AND DESERT SANDS SCHOOL BUILDING CORPORATION FOR THE SALE OF APPROXIMATELY 25 ACRES AT THE NORTHEAST CORNER OF 48TH AVENUE AND DUNE PALMS ROAD. A) RESOLUTION ACTION. CLOSED SESSION Note Persons Identified as negotiating parties where the City is considering acquisition oftheirproperty are not n?ited into the Closed Session meeting. 1. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO SUBDIVISION B) OF SECTION 54956.9 ONE CASE). 2. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO SUBDIVISION B)(C) OF SECTION 54956.9, RECEIPT OF CLAIMS FILED ON BEHALF OF TODD HANOVER, WILLIAM BILUiR AND WILLIAM SIKES. 3. PUBLIC EMPLOYEE APPOINTMENT ASSISTANT CITY MANAGER PURSUANT TO GOVERNMENT CODE SECTION 54957. 4. REVIEW AND CONSIDERATION OF CITY ATTORNEY CONTRACT PURSUANT TO GOVERNMENT CODE SECTION 54957.6. ADJOURNMENT DECLARA'I'ION OF POSTiNG I, Saundra L. Juhola, City Clerk of the City of La Quinta, California, do hereby declare that the foregoing agenda for the City Council meeting of October 17 1995 was posted on the outside entry to the Council Chamber, 78495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Conitnerce on Friday, October 13, 1995. City of La Quinta California PUBLIC NOTICE The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, 24-hours in advance of the meeting and accommodations will be made. Page 7 Uti?Oj'?O? BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 ed stl#) jT October 3, 1995 YOR JOHN PENA and MEMBERS OF CITY COL'NCIL City of La Quinta 78-495 Calle Tampico La Quinta CA 92253 Ladies and Gentle?en: I am once again distressed to see the abundance f election signs from many of you appearing all overijL4T;QuI?ta. Our wonderful town is degraded by your selfishness'. After a vist with City Attorney by phone, I find that you each are assumed to have perrnission from rivate property owners to hang your re-election signs. Assuming that is so, then I request a copy of such permission letters for my study. City Attorney also indicated that there is no City ordinance legally in force now that controls such activity. She further indicated a new draft of an ordinance is before you a,nd has been for some months. After reading it, I see it has many restrictions not now being fcllowed. While it has not been passed, would you consider adhering 0 it in principle? I do intend to persue this matter and I am hopef?l a quicV response to the above questions will be made. 2 I ALFRED B. HASTINGS, JR. ABH/at Vi??41 t)<) /C & I r$ A. /22222 I 1/ I I 0 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14Statement to City Council October 17, 1995 Attn: Honorable Mayor Pena and City Council Members My name is Susan Benay and I reside at 53-686 Ave. Velasco. I am the Vice Chair of the Cultural Affairs Commission. I am very honored to have the opportunity to introduce you to a very important and timely program that the Cultural Affairs Commission is embarking upon to create in the community's highest interest. Our goal is to develop a Master Cultural Plan for the City of La Quinta which will accurately serve, reflect, and represent the full spectrum of the cultural needs of the entire residential, cultural, and business community. The Cultural Plan will serve to be a living, relevant document that will illuminate, support, enrich, revitalize, nurture, and inspire the cultural vision that La Quinta and its citizens have as the city moves towards the 21st Century. Our first step in this process will be the formation of a Steering Committee consisting of representatives from all segments of the community from visual and performing arts organizations, cultural and educational institutions, artists, businesses, community and service organizations, churches, civic employees, seniors, youth, recreational, to multi-cultural, etc., etc., we want to make sure that each and every voice within the community has an equal opportunity to be heard, that every point of view might be fairly considered, and that the wisdom and cultural desires of the community will be integral to the plan itself! This Steering Committee will develop methods to gather data on all existing programs and cultural activities presently in place within La quinta as well as carefully surveying the needs not currently being met. questionnaires, telephone surveys, public forums, hearings and other community-friendly" methods to make the Committee totally available for input" will reach a major cross-section of our city thereby giving us full access to the necessary information for developing an enlightened and vital Master Cultural Plan for our city1s future cultural life. We will keep you informed of our progress. We look forward with great antipation to your involvement and input into this project. I personally would like to extend an invitation to each and every one of you to attend our Cultural Affairs Commission meetings on the fourth Monday of each month at 7 pm. I would also like to extend an invitation to any and all interested parties to join us on this journey to create an expanded and positive cultural vision for, and more importantly, the people of La quint? Thank you. OUU&?9 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 AGENDA CATEGORY: C?4 OF BUSINESS SESSION: COUNCILIRDA MEETING DATE: October 7, 995 CONSENT CALENDAR: ITEM TIThE: STUDY SESSION: Consideration of Reappropriation of Certain PUBLIC HEARING: Infrastructure Fee Funds to Capital Projects RECOMMENDATION: As directed by the City Council. FISCAL IMPLICATIONS: Depending upon the actions taken by the City Council, up to $1,218,980 of Inftastructure Funds can be reappropriated from the Fritz Burns Pool Project to other capital projects approved by the City Council. BACKGROUND AND OVERVIEW: On September 19, 1995, staff presented a Study Session report regarding flinding for the Fritz Burns Pool Project. The report outlined the remaining flinding sources for the development and construction of the pool project, as outlined below: Funding Source ArnQiint Infrastwcture Fee Funds $1,218,980 Quimby Funds $0 Community Services Funds $520.3 12 Total Project Funding $1,739,312 Upon conclusion of the report, the City Council directed staff to: not later than the second scheduled meeting in October, come back to the City Council with opuons for the $1,218,980 of liifrastn'cture Funds available and provide for the expenditure of these monies." OO()UiO f:\dext?T\re1)o?s\cc95 1017a BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14Histoiy On February 19, 85 and August 4, 1987, tile City Council adopted resolutions establishing policies for the Community Infrastructure Fee Infrastructure Fund) Program The Infrastructure Fund Program was established to allow residential and commercial land development to proceed in an orderly maaner while ensuring that impacts caused by new development to Public Buildings, Recreational Facilities, Bridges, Major Thoroughfares and Traffic Signals were addressed through an in-lieu fee program As defined by Goven?ment Code 66000, Infrastructure Fees are inip act fees. As such, these fees can only be used to address impacts created by new development, such as street expansions to accommodate additional traffic, purchasing and developing new parks, upgrading intersection controls from stop signs to traffic signals, and the addition of new public buildings. These fluids cannot be used to address past deficiencies or maintenance related activities, such as reconstruction of existing street including the installation of curb and gutters) storm drain systems or undergrounding of utilities, or replace/rehabilitate existing facilities. Therefore, the current Capital Improvement Program CIP) utilized infrastructure fluids on projects required to address impacts caused by new development. Potential P?oiects In developing a list of potential projects to reappropriate $1,218,980 of Infrastructure Funds, staff utilized two documents approved by the City Council. The first document is the 1995/96 Capital Improvement Program. The 1995/96 CIP Attachment 1) includes a 5 year projection ofprojects and fluiding, and a list of deferred projects that extend beyond the five year fluiding capability of the CIP. From the 1995/96 CIP, a list ofprojects relying only on Infrastructure Funding was developed, as outlined in Attachment 2. Projects with Infrastructure fluiding and another source of fluiding were eliminated from the list because the other fluiding source may or may not be available. The second document used was the list of projects identified in the lizfrasfru.cture Fee Study" approved by the Ciry Council on February 19, 1985 by Reso]ution 85-14 and amended by the City Council on August 4, 1987 through Resolution 87-39. A copy of the infrastructure Fee Study," in on file in the City Clerk's Office. Attachment 3 summarizes the list of projects and their costs. Projects identified in both sources are only shown on Attachment 2 for clarification.) In Attachments 2 and 3, staff tried to identity other impacts to the City, such as annual maintenance and operation? costs, should the project be constructed. In addition to the documents approved by the City Council as outlined above, the City Council also provided direction to staff on July 5, 1995 regarding the expenditure of Landscape and Lighting Assessment District fluids. The Council directed staff to expend $160,540 of Landscape and Lighting District Funds to design and construct landscape improvements. Council directed staff to concentrate their efforts on the Eisenhower Drive and Wasiiington Street medians. It is contemplated these fluids will be used to construct median landscape improvements on Eisenhower Drive from Avenue 50 to Coachella Drive Project No.9610, project cost $144,033) and landscape improvements wiliin the right-of-way on Caile Tampico Project No.9807, Project Cost $14,250). Both projects had been scheduled for fliture years in the CIP. Unless deemed otherwise by the City Council, staff intends to process the necessary project fluiding approval for City Council consideration for these two projects at a i.?ture Council Meeting. O?UUi1 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14FINDINGS AND ALTERNATIVES: flased upon previous City Council direction, staff has prepared a prioritized list of projects, as outlined in Attachment 4, including their total costs, cumulative costs, and annual impact costs to the City for operations and maintenance, once the project comes on line. There are two 2) Limits of Funding shown on the Attachment. The first Limit of Funding is intended to show what projects on the prioritized list could be flinded with reappropriated Infrastructure Funds totaling approximately $339,000. This is the amount of Infrastructure Funds that will become available for reappropriation should the City Council decide to reduce the available flinding for pool construction to $?,400,000. Origin?y, staff had prioritized Project No. DEl 8 Washington Street Median ahead of Project No. 9804 Jefferson Street/Fred Waring Drive Traffic Signal and Project No. 9607 Jefferson Street/Highway 111 Interim Traffic Signal Improvements. To more closely approximate project costs to the $339,000 flinding level, Project No. 9804 and Project No.9607 were positioned ahead of Project 9804, as reflected in Attachment 4. The second Lirnit of Funding is intended to show what projects on the prioritized list could be flinded with reappropriated Infrastructure Funds totaling approximately $1,218,980, or the amount of Infrastructure Funds that will become available should the City Council decide to reappropriate l available flinding for pool construction. As outlined in Attachment 4, the total annual cost for impacts operations and maintenance) for projects above the $1,218,980 flinding lev? line is $52,100. These costs are proposed to be flinded from Landscape and Lighting Assessment District Funds. Originally, $70,000 was incorporated into the annual budget for pool operations and maintenance costs. On July 5, 1995, the City Council provided direction that no pool operations or maintenance costs would be flinded with Landscape and Lighting Assessment District Funds, allowing $70,000 per year in fliture fiscal years to be applied to new landscape facilities. Sho?d the City Council decide to build all of the improvements above the $1,218,980 flinding level, there are adequate flinds availa?e in the Lighting and Landscape Assessment District on an annual basis to ftind the impacts while not increasing assessment levels. Staff has listed the Adams Street Extension Project as a prioritized project. It should be noted that it was the intent of the City to have development in this area design and construct this portion of Adams Street, as the greatest need for these improvements would come from the surrounding development. For this reason, this project was not identified in the Infrastructure Fee Study or the FY 1995/96 CIP and Five Year Forecast. However, with the possible need for a detour or alternate route as the Washington Street/Highway 1 11 Improvement Project progresses, as well as the need to alleviate traffic impacts caused by the new High School, staff would propose the construction of two 2) 16 foot lanes in both directions of Adams Street, from Westward Ho Drive to Miles Avenue. These improvements do not include curb, gutter or sidewalk, or utilities, such as water, sewer, electric, telephone, gas or cable T.V. These other improvements would be installed by the developers abutting this portion of Adams Street when development occurs. f:\dexter\reports\c?95 1017a BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 Alternatives: The following alternatives are avaiIa?e to the City Council: 1. Direct staff in the amount of Inftastructure Funds deemed appropriate by the City Council to reappropriate to the projects outlined in Attachrnent 4. 2. Direct staff to reappropriate Infrastructure Funds to any ternate projects in the amount deemed appropriate by the City Counc? 4. Provide staff with alternate direction. David M. Cosper, lic orks Director/City Engineer f:\dexter\reports\cc95 1017a BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 0 1 AGENDA CATEGORY: A'OF?? BUSINESS SESSION: COUNCILIRDA MEETING DATE: October 17, 1995 CONSENT CALENDAR: ITEM TIThE: Consideration of Approval of Resolution STUDY SESSION: Approving the Agreement Relating to the Consent of the City of La Quinta, California PUBLIC HEARING: to the Transfer of Control of the Franchise Agreement Granted to Colony Cablevision RECOMMENDATION: Approve the Resolution Approving the Agreement Relating to the Consent of the City of La Quinta, California to the Transfer of Control of the Franchise Agreement Granted to Colony Cablevision. FISCAL IMPLICATIONS: None BACKGROUND AND OVERVIEW: The Transfer Agreement Attachment No.1) was continued from the September 29,1995 special City Council meeting. On February 8, 1995, Providence Journal notified the City of an impending franchise transfer of ownership Transfer Requesr') to Continental Cablevision of its cable television franchise with the City of La Quinta. A full copy of the transfer request is available in the City Attorney's Office, however, a cover letter from Colony Attachment No. 2) and one from Continental Attachment No.3) provides a summary of the Transfer Request. At the time of the original transfer request, an audit report had concluded that the current franchise was in breach. Discussion with Colony of the issues regarding the breach of the franchise agreement and the renegotiations of the existing franchise agreement were already underway. The franchise that Providence Journal hoped to transfer had expired on December 31,1994 and was granted an extension by the City Council t?No times, with the latest extension expiring on June 29,1995. During that time, staff, consultants and special legal counsel have been negotiating with both cable operators Colony and Continental) to reach agreement on a new franchise and settle the breach of franchise issues which must be resolved before an approval of the transfer may occur. At the City Council meeting on October 17,1995, the City Council was scheduled to OOOU"',??3 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14consider whether to approve a new franchise agreement with Colony Cablevision although there remains a significant issue. This issue is regarding the definition of gross revenues. If the City Council approves a newfranchise agreement at the October 17, 1995 meeting, the City Council will be able to consider the approval for Colony to transfer the franchise to Continental Cablevision pursuant to the Transfer Request filed on February 8,1995 by executing the attached agreement. FINDINGS AND ALTERNATIVES: The Ci?s cable operator has filed a Transfer Request pursuant to federal law with the City on February 8,1995. The request was originally denied on June 23,1995 due in part to the fact that the franchise breach issues and new franchise terms were not resolved at that time. This action is contingent upon the City Council approving a new franchise agreement on October 17,1995. There are three options available to the City Council as follows: 1. Approve the Resolution Approving the Agreement Relating to the Consent of the City of La Quinta, California to the Transfer of Control of the Franchise Agreement Granted to Colony Cablevision; or, 2. Take no further achon, which would leave intact the earlier denial of the transfer; or, 3. Provide further direction to staff. Dawn C. HoneywelI,?Attorney Attachments 1. Transfer Agreement 2. Colony Letter on transfer 3. Continental Letter on transfer 2 d?UU?4 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14! NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14" NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14# NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14$ NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14% NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14& NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14' NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14( NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14) NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14* NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14+ NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14, AGENDA CATEGORY: OF BUSINESS SESSION: COUNCILIRDA MEETING DATE: October 17, 1995 CONSENT CALENDAR: ITEM TIThE: Consideration of Approval of Resolution STUDY SESSION: Approving a Mulu-Channei Service Provider's Franchise Agreement with Colony Cablevision PUBLIC HEARING: RECOMMENDATION: Approve the Resolution Approving a Multi-Channel Service Provider's Franchise Agreement with Colony Cablevision subject to City's definition of gross revenues; or, direct staff to continue to negotiate on different suggestions to resolve the issue of the definition of gross revenues. FISCAL IMPLICATIONS: There is no direct cost associated with the approval of the new Franchise Agreement other than the admililistration of revenue fees paid to the City. The approval of this agreement may enhance fliture revenue sources to the City depending on what action the City Council takes in regard to telephony services. In addition, the City would receive two grants from the cable operator totaling $ 75,000 The cost of these grants will not be passed through to the cable subscribers). These fluids may be used to reiruburse the City's costs incurred in auditing and negotiating the new franchise. BACKGROUND AND OVERVIEW: This proposed franchise agreement Attachment No.1) was considered by the City Council at a special City Council meeting held on September 29, 1995 at the request of the cable operators. A copy of the September 2?h staff report is attached to this staff report to provide additional background Attachment No.2). After several hours of discussion, the City Council voted to continue this item to the October 7, 1995 City Council meeting. One ofthe major irnpediments to reaching an agreement on the franchise is the fact that Colony and its purchaser, Continental Cablevision, reflise to pay any revenue on telephony services. The City's Multi-Channel Service Provider's Ordinance includes all revenue generated from a multi-channel system' not just video transmissions on cable television systems. Another major concern that became apparent at the September 29, 1995 City Council meeting was the fact that technology exists today to transmit video signals over telephony distribution services. Ouite simply, the technology exists to distribute the cable television services over the telephony dehvery systeni Colony's/Continental's position of reflising to pay any revenue on telephony not only creates a loss of revenue on telephony but seriously jeopardizes the existing franchise fee paid on cable television if transmission of video is accomplished through the telephony delivery system in the fliture. Continental's representative, BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14-Mr. Jeremy Stem, indicated to the Council that they had no intention of transmitting the cable television over the telephony distribution system however, he also indicated that Continental would n? agree to exclude that option from their franchise agreement. Continental has subsequently provided the City with a letter which they believe addressed the City Council's concerns over telephony Attachment No.3). The City's special counsel, Bill Marticorena of Rutan & Tucker, has responded to that letter Attachment No.4). Staff had scheduled a meeting with Colony/Continental for October 13, 1995 to flirther discuss these issues however, the results of that meeting were not known at the time of preparation of this staff report. Based on the cable operators' rigid position and special counsel's advice, it appears that there still may be no resolve on the issue of telephony and, therefore, staff. would recommend that an alternative could be one that the City Council offered at the September 29, 1995 special Council meeting. The Council offered to accept Colony's/Continental's definition of gross revenues which excludes telephony for a three year period with an affirmative sunset clause wherein the definition of gross revenues would revert to the City's definition which includes all revenue generated by the system. That definition would include telephony unless the multi-channel service provider can provide economic evidence to the City Council that it is financially infeasible to provide telephony service with a revenue fee or, if new legal standards prohibit cities from collecting revenue on telephony services. This is the sole remaining issue of which staff is aware at this time; however, the consequences of its outcome can be financially debilitating for the City. Colony/Continental have reflised to settle on this issue and have turned down alternative offers by staff and the Council in order to reach an agreement on the franchise. FINDINGS AND ALTERNATIVES: The franchise agreement with the City's cable operator expired on June 29, 1995 and Colony has requested consideration of a new franchise agreement. The options available to the Council are as follows: 1. Approve the Resolution Approving the Multi-Channel Provider's Franchise Agreement with the gross revenue definition including telephony services; or, 2. Approve the Resolution Approving the Multi-Channel Provider's Franchise Agreement with the gross revenue definition excluding telephony services with a consideration of a substantially shorter term; or, 3. Approve the Resolution Approving the Multi-Channel Provider's Franchise Agreement with the gross revenue definition excluding telephony services for a three year period with a reversion clause at the end of three years to mclude telephony services in the defrnition of gross revenue subject to new legal standards r the multi-channel service provider providing evidence to the City Council that a revenue on telephony is financially infeasible; or, 4. Do not approve a new franchise agreement; or, 2 A BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14.5. Provide flirther direction to staff Dawn C. Honeywell, cit? Attorney Attachments 1. Franchise agreement 2. September 29, 1995 staff report 3. Continental Lener on Telephony 4. Rutan & Tucker Letter in r?sponse to Continental's letter W) 3 Vu0u46 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14/ NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 140 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 141 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 142 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 143 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 144 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 145 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 146 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 147 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 148 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 149 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14: NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14; NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14< NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14= NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14> NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14? 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AGENDA CATEGORY: BUSINESS SESSION: IL COUNCILIRDA MEETING DATE: October 17, 1995 CONSENT CALENDAR: ITEM TIThE: STUDY SESSION: Consideration of a request of the Art in Public Places Committee for review and approval of a Master Plan and PUBLTC REARING: renaming the Committee to a Commission RECOMMENDATION Approve the Master Plan of the Art in. Public Places Committee as submitted, rename the Committee to a Commission, allocate funds from the General Fund Emergency account in the amount of $4,200, and authorize staff to make the necessary Ordinance changes. FISCAL IMPLICATIONS: An allocation of $4,200 from the General Fund Emergency Reserve account would be required to be consistent with the existing policy of paying Board and Commission members. The following represents the existing Boards?Commissions/Committees: BOARDICOMMISSIONI AMOUNT PAID MEETINGS PER MEMBERS COMMITFEE PER MEETING* MONTH Planning Commission $50 2 7 Investment Advisory Board $50 1 7 Historical Preservation $50 1 5 Commission Parks & Recreation $25 1 or 2 7 Commission Cultural Affairs Commission $25 1 7 Human Services Commission $25 1 7 Voluntary Advisory Board 0 1 per quarter 3 Kids Line Advisory Board 0 1 per quatter 5 Building & Construction 0 as needed 5 Board Youth Advisory Committee 0 1 7 Att in Public Places 0 1 7 Committee *These amounts do not reflect additional funds that have been budgeted for Travel and Meetings. BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14SBACKGROUND AND OVERVIEW: Over the past three years, the Art in Public Places has been working on a Master Plan Attachment 1) for the Art in Public Places Committee. The purpose of this document is to defme Public Art, in written form, by giving the history and its purpose. This document will provide the community and developers with the goals of the program, and how art is evaluated for consideration. During the composition of the plan, the Committee Members i?dentified concerns with the role of a Committee versus a Commission based upon Section 2.06.010 of the La Quinta Municipal Code Attachment 2). The Code states: A Board" means a group of Council-appointed persons who provide advice on City issues. A Commission" means a group of Council-appointed persons having limited legislative powers to make decisions or recommendations to the Council on City issues. A Committee" means a temporary group of persons chosen by the Council to give special consideration, investigation, and prepare a report on a pending City issue. Based upon these defmitions, the Committee functions as a Commission rather than a Committee. In addition, this Committee has the responsibility of overseeing the expenditure of funds for art purchases and has been in existence since 1990. In light of their responsibilities and the length of time this Committee has been functioning, the term Committee no longer applies. The recommended monthly payment for the Members is $50.00 with attendance at one scheduled meeting each month. The compensation is only for the one regularly scheduled meeting. Any additional meetings will not be compensated. As identified in the chart in the previous page, there are some inconsistencies regarding compensation for the various Boards, Commissions, Committees. Upon Council direction, staff will draft a uniform policy within the ne:? sixty days regarding the compensation for all Boards and Commissions. The policy will contain an exception for the Planning Commission which will remain at $100 per month. FINDINGS AND ALTERNATIVES: Options available for Council consideration are: 1. Accept the recommendation of the Art in Public Places Committee by a. Approving the Master Plan; and b. Instructing staff to initiate the necessary Ordinances to change the Art in Public Places Committee to a Commission; and c. Allocate the appropriate funds. CCJH?()(6 2 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14T2. Approve the Master Plan and deny the name change; 3. Approve the name change and deny the Master Plan; 4. Deny the recommendation of the Art in Public Places Committee. o unity velopment Director Attachments: 1. Master Plan 2. Municipal Code Chapter 2.06 CCJH.006 3 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14U NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14V NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14W NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14X NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14Y NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14Z NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14[ NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14\ NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14] NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14^ NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14_ NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14` NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14a NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14b NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14c NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14d NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14e NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14fr 1 AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: October 17, 1995 CONSENT CALENDAR: ITEM TIThE: STUDY SESSION: Consideration of actions establishing a Community Facilities PUBLTC REARING: District Mello Roos) for Vista Santa Rosa Development RECOMMENDATION: 1. Adopt Council Resolution of Intention to establish a Community Facilities District and authorize the levy of a special tax to pay the cost of constructing certain facilities and expenses of the District and to pay debt service on the bonds. 2. Adopt Council Resolution of Intention to incur bonded indebtedness in the amount not to exceed $12,000,000 within the Community Facilities District. 3. Authorize the publication of a Notice of Public Hearing on the Intention to Levy Special Taxes with the Community Facilities District and to issue bonds. FISCAL IMPLICATIONS: A Community Facilities District bond financing is a limited, not a direct obligation to the City. The debt service on the bonds is paid annually by levying the appropriate special tax within the boundaries of the CFD, similar to the annual assessment levy for the Cove's Assessment Districts. Administrative responsibilities of the City will be recovered through the annual levy of the special tax. Any costs associated with the formation of the CFD such as the City's staff time, consulting costs, legal costs, etc., which have been paid up-front by the developer are eligible to be recovered by the developer when the bonds are issued. There is no fiscal impact on the City's General Fund or the Redevelopment Agency funds. BACKGROUND AND OVERVIEW: Project Description Community Facilities District No.95-i CFD No. 95?1), also referred to as Vista Santa Rosa, is situated in the eastern portion of the City of La Quinta, in Riverside County, California. The subject property's specific location is in south La Quinta between Jefferson Street and the eastern City limits. The Coachella Canal and 52nd Avenue bound the subject to the north and northwest. The southern boundary is formed by 53rd Avenue. The proposed alignment of Madison Street will divide the subject property, creating a 36.4 acre parcel east of the proposed thoroughfare and a 234.9 net acre parcel between Madison Street and Jefferson Street. The property is currently in raw land condition 000102 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14gwith entitlements of an approved specific plan for up to 850 single family detached residences in seven villages on about 250 net acres, resulting in minimum lot sizes of 9,000 and 10,000 square feet. The housing units are required to have at least 1,800 square feet of living area. The planning/amenity package is extensive, featuring landscaping and architectural themes, pedestrian and bicycle paths, and gate-guarded entries. Vista Santa Rosa is being developed by Stuart Enterprises Ltd., who has retained Winchester Asset Management Inc. to assist with its development and management. Purpose of the Cornmunitv Facilities District C FD) The district is being formed to provide the security for the sale of bonds to finance an original amount of approximately $10,000,000 for the construction of backbone water, sewer, and road infrastructure for the project. The construction costs have since been downsized to approximately $7,200,000 with a total bond authorization of $ 2,000,000. Ownership The owner of record is Dwight L. Stuart, doing business as Stuart Enterprises Ltd. According to the owner's representative, Craig Bryant, the property was purchased in 987-1988 for a total consideration of $6,650,000, or about $23,600 per acre. Since the purchase, the owner has obtained specific plan approval for an 850-unit gate-guarded community and is in the process of subdividing the land into seven villages. The owner intends to develop the off-site infrastructure and market villages to merchant builders. FINDINGS AND ALTERNATIVES: In suuunary, the Resolutions of Intention will establish the CFD, authorize the levy of special tax to pay the cost of constructing certain facilities and expenses of the District, and pay the debt service on the bonds; and incur bonded indebtedness in the amount not to exceed $12,000,000 within the CFD. In addition, a Notice of Public Hearing will be published stating the City's intention to levy special taxes within the CFD and to issue bonds. The public hearing will be scheduled for November 21, 1995. The approval of these resolutions does not bind the City to issue bonds. The City retains the discretionary right to approve or disapprove the issuance of any bonds in the future for the CFD. Options available to the City Council: 1. Approve the Resolution of Intent ions as submitted and instruct staff to publish the public hearing notices; 2. Deny the request. CCJH.O()1 2 000103 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14h NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14i NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14j NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14k NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14l NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14m NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14n NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14o NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14p NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14q NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14r NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14s NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14t NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14u NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14v NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14w NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14x NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14y NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14z NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 0 y4 AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: October 17, 1995 CONSENT CALENDAR: ITEM TIThE: STUDY SESSION: PUBLIC HEARING: Consideration of Recommendation of the Human Services Commission to Install a City Bulletin Board at the Highway 111 Center RECOMMENDATION: Authorize staff to install a bulletin board at the east entrance to the Albertson's store FISCAL IMPLICATIONS: Installed cost of the bulletin board is $900. Funds in this amount would need to be appropriated from the General Fund Emergency Reserve. BACKGROUND AND OVERVIEW: The Human Services Commission at its July meeting moved to recommend to the City Council, that a bulletin board be placed in the northern portion of the City to better serve the citizens of this area. The bulletin board would be used to announce activities such as City Council and Commission meetings. Currently, notices of such meetings are placed at the two Civic Center bulletin boards one near reception and one near the north side fountain at the Senior Center, and at the Chamber of Commerce bulletin board. An additional bulletin board will also be placed at the Palm Royale Park as part of the park improvement project currently underway. The Commission has identified, in order of preference, the following three locations for the placement of the proposed bulletin board: * On the exterior wall at the east entrance to Albertson's; * On the exterior wall at the west entrance to Albertson's; * On the exterior wall near the east entrance to Von's. Staff has contacted a representative of Albertson's and has received the needed approvals to install the bulletin board Attachment 1 The City Attorney has reviewed the approval and deemed it appropriate for the purposes of locating a board at this location. If it is decided that the Von's location or another alternate is preferable to the AIbertson?s location, staff will seek the appropriate approval from the property owner. OOO13? BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14FINDINGS AND ALTERNATIVES: The proposed locations for an additional board are pedestrian high traffic areas located in a section of the City that currently has no bulletin board to announce public meetings. The addition of the proposed bulletin board would help to inform citizens of City events in an inexpensive and convenient manner. The alternatives available to the Council are: 1. Authorize staff to install a bulletin board at the east end of the Albertson's store; 2. Authorize staff to install a bulletin board at one of the alternate sites suggested by the Human Services Commission; 3 Authorize staff to install a bulletin board at an alternate site suggested by the Council; 4. Deny authorization to install a bulletin board. Tom Hartung Director of Building & Safety 000136 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 0?L? AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: October 17, 1995 CONSENT CALENDAR: ITEM TIThE: STUDY SESSION: Authorization to Receive Bids for Washington Street PUBLIC REARING: Interim Improvements, Project No.95-08 RECOMMEND?ON: Authorize receipt of bids for Washington Street Interim Improvements, Project No.95-08. FISCAL IMPLICATION: The approved flinding for this project is $1,264,000. A breakdown of flinding sources is as follows: * Developer Contribution $105,000 * Infrastructure Fund $808,609 * Redevelopment Project Area No.2 $295,391 * SB 300 $ 55.000 TOTAL FUNDING $1,264,000 To date, the Engineer's Estimate for construction of this project is $221,982. Therefore, adequate flinds are available for the construction of this project. BACKGROUND AND OVERVTEW: During the Council meeting of May 16, 1995, Council approved this project in concept and awarded a design contract to Korve Engineering. This project is an interim improvement project that wiU enhance traffic flow during the construction of the ultimate improvements to Highway 111 scheduled for July of 1996. In an effort to reduce traffic impacts to fi?ll and part time residents, staff recommended and Council approved, a two stage type approach to the scheduled construction of these improvements. The scope of the interim improvements consists of extending the two northbound lanes Washington Street) through the intersection of Highway 111 Attachment 1). This, in turn, will reduce congestion when certain lanes are closed during construction. Other improvements included within the scope of this project include: * Removal of the two traffic islands located on the east side of the intersection. 000138 f\?\dex1er?ei,oyts\cc95 1017f BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 * Installation of new traffic signal poles with signal heads at three locations: 1) the northeast corner, 2) the southeast comer, and 3) the southwest comer of Washington Street and Highway 111. * Minor pavement installation where the traffic islands are removed and also in the area just north of the highway where the barricade is currently located. * Install new electrical conduits and conductors as needed between the new poles and the existing traffic signal controller. * Restriping Washington Street to accoinmo date a total of 5) five traffic lanes which include: two north bound thm lanes, two south bound thru lanes, and a center left turn lane for north and south bound left tutu traffic. Additionally, ft appears that it's possible to provide two left turn lanes and separate the Plaza La Quinta Vons) left turn traffic and the intersection left turn traffic as a result of this interim signal project. * Re striping and shifting the eastbound through lane slightly north on Highway 111 to avoid the reconstructed curb return at the southeast comer that will encroach into the parking lane. FINDINGS AND ALTERNATIVES: The proposed budget for the interim improvements is as follows: ITEM BUDGET DESIGN Signal/Striping Improvements $ 5,320 Street Improvements $ 3,325 Temporary/Staging Improvements $855 $ 9,500 CONSTRUCTION Korve Engineering estimate) Signal/Striping Improvements $ 89,959 Street Improvements $ 56,273 Temporary/Staging Improvements $ 15.000 $161,232 SUPPORT Owner flimished equipment $ 13,000 Caltrans Construction Peririt $ 11,550 Inspection/Testing/Survey $ 12,100 Contingency $ 16,100 Adrniuistrative 8.000 $ 60,750 Total Project Budget $231,482 000139 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14A Caltrans encroachment permit was issued on 10/13/95. The proposed schedule for bidding and construction is as follows: Advertise for bids 10/20/95 Open bids 11/30/95 Award Contract 12/05/95 Notice to Proceed 12/12/95 Complete Construction 03/01/96 Alternatives: 1, Approve staffs recommendation. 2. Decline staffs recommendation. 3. Provide s with alternate direction. David M. Cosper, Pu or 5 DirectoilCity Engineer 000140 f.\wp\de?er?eports?c95 10 17f BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 0 AGENDA CATEGORY: trOFT??? BUSINESS SESSION: COUNCILIRDA ME?NG DATE: October 17,1995 CONSENT CALENDAR: ITEM TIThE: Consideration of a Resolution of the City Council STUDY SESSION: of the City of La Quinta, California Approving the Application for an Intermodal Surface Transportation PUBLIC HEARING: Efficiency Act Grant to Construct a Bicycle and Pedestrian Path in the City of La Quinta RECOMMENDATION: Approve the Resolution approving the Application for an blterrnodal Surface Transportation Efficiency Act Grant to Construct a Bicycle and Pedestrian Path in the City of La Quinta. FISCAL IMPLICATIONS: This grant program provides for the federal government to pay 80% of the cost of a bicycle facility and for the City to provide the remaining 20%. The 20% can include in-kind services; however, the City may have to provide up to $61,800, representing the 20% match. Also, due to engineering and topographical difficulties, the City is proposing that the City pay $17,000 for one section of this bikepath the old Avenue 52 right-of-way) which will be a temporary bikepath. Once the property along this section of the new Avenue 52 develops, the developer will have to move the bicycle path to its ukinate location. The City is prop osh? this because it is not anticipated that federal fluids will be available for ternporary improvements. In addition, this indicates that the City is willing to participate above and beyond the required match and generally allows the City's application to be viewed in a more positive fashion. This is a reimbursable program, therefore the City must first expend the fluids and subsequently be reimbursed by the federal government. At this time, the source of the matching fluids are undetermined; however, the fluids could come ftom development impact fees or other sources. If the City is successfiil in obtaining this grant, then matching fluids will need to be identified and programmed into the FY1996-97 Budget. BACKGROUND AND OVERVIEW: This program was made possible by the passage of the Intermodal Surface Transportation Efficiency Act of 1991 ISThA). The program may provide California with up to $200 nllllion over a six 6) year period. The fluids are available only for transportation enhancement activities. This is the last fluiding cycle of ISThA. Although a new ISThA program has been proposed, the passage of any fliture bill is debatable. 000142 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14Staff has reviewed the application guidelines and is proposing to submit under the Provision of acilities for pedestrians and bicycles category of the ISTEA prograni The proposed project is the oral Reef Mountains Bicycle and Pedestrian Path". This project will tie into the Bear Creek Channel Bike Path at the south end of the Cove and then generally follow Avenida Bermudas to the Downtown Village area and the civic center complex. The addition of the civic center and Downtown Village areas ensures accessibility to the commercial districts of the City. Maps and detailed descriptions are included within the attached application Attachment No.1). In addition, it should be pointed out that the final route of the bikepath rnay change due to engineering or other concerns, however, it will basically follow the routes identified in the City's General Plan. At tiiis tirne, staff is seeking approval only fi)r the grant application. There is no financial cominitment at this time. As indicated in the Fiscal Implications portion of this staff report, the City has yet to identil?? the source of local flinding for this project. As with any other grant, the grant application does not comrnit the City to proceed with the program at this time and, should the City be successfiil in its application, it will then have the choice to move forward with the project and identif?? the amount and source of matching flinding. The choice to move forward with the project is subject to the City budgeting or identil?ing flinds or resources in the FY 1996-97 Budget. Staff believes this to be a fairly straight forward project and is not anticipating any controversy, however, it should be pointed out that this proposal involves a loss of on-street parking on: 1.) Sinaba between Avenida Bermudas and Eisenhower Drive, 2.) the east side of Avenida Beimudas between Calle Sinalo a/Avenue 52 and Avenida Herrera and, 3.) the north side of Tec ate between Avenida Herrera and Avenida Madero. The on-street parking will be lost due to restriping of the streets to allow the on-street bikelane since no separate bikelane or path will be built in these areas. FINDINGS AND ALTERNATIVES: The project is consistent with the City's General Plan and its goal of achieving a bicycle and pedestrian network. There are three options available to the Council as follows: 1. Approve the Resolution approving the Application for an Intermodal Surface Transportation Efficiency Act Grant to Construct a Bicycle and Pedestrian Path in the City of La Quint a; or, 2. Not approve the Resolution approving the Application for an Intermodal Surface Transportation Efficiency Act Grant to Construct a Bicycle and Pedestrian Path in the City of La Quinta; or, David er, Public Works Director Attachments: 1. ISThA application BW) 2 000143 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 0 z CP4J? AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: October 17, 995 CONSENT CALENDAR: ITEM TIThE: STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report asofAugust3l, 1995 RECOMMENDATION: Receive and file and make this item a part of the consent calendar in future agendas. BACKGROUND AND OVERVIEW: Transmittal of Treasurer's Report dated August 31, 1995 for the City of La Quinta. Staff has recently modified the format in conjunction with the Investment Advisory Board. Staff requests that future Treasurers Report be a consent calendar item. FINDINGS AND ALTERNATIVES: I certif? that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1/1/86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certi? that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 BUSINESS SESSION NO. ID ORDINANCE 274 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY REZONING CERTAIN PROPERTY REFERRED TO IN CHANGE OF ZONE 95-079 CASE NO. CZ 95-079- THE KEITH COMPANIES The City Council of the City of La Quinta does ordain as follows: SECTION 1. Section 4.1 of Riverside County Ordinance No.348 which was adopted by reference by the City Council as Ordinance 5, operative August 29, 1982) and La Quinta District Official Zoning Plan Map 14, as amended, are flirther amended by rezoning from General Commercial/C-P, Multiple Family DwellingsIR-2, and One Family DwellingIR-1 to General Commercial/C-P, Office, Medical and Related Services/OMS, Multiple Family Dwellings/R-2, and One Family Dwelling/R-1 for 13S+ acres located east of Washington Street and north of Fred Waring Drive. The property shown and depicted for such rezoning on the map which is attached to and made a part of this Ordinance, and which attached map is labeled Exhibit A", Change of Zone 95-079. SECTION 2. ENvIRONMENTAL. The Change of Zone has complied with the requirements of The Rules to Implement the California Environmental Quality Act of l970? as amended and adopted in City Council Resolution 83-68), in that the Community Development Department conducted an Initial Study and has determined that the proposed Change of Zone will not have a significant adverse impact on the environment. SE?ON 3. EFFECTIVE DATE. This Ordinance shall be in flill force and effect thirty 30) days after its adoption. SECTION 4. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council; shall certi? to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proofofposting, to be entered into the Book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this day of 1995, by the folldwing vote: AYES: NOES: ABSENT: ABSTAIN: 000177 Orddraft.50 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 MEMORANDUM AGENDA CAThGORY: BUSINESS SESSION COUNCILIRDA MEETING DATE: OCTOBER 17, 1995 CONSENT CALENDAR ITEM TITLE: STUDY SESSION Demand Register Dated October 17, 1995 PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated October 17, 1995 BACKGROUND: Prepaid Warrants: 22930 22975 9,243.26 22976 46,131.19 22977 22987 69,387.22 PIR 12532-12602 61,596.95 PIR Tax Transfersj 20,262.84 CITY DEMANDS $390,746.47 Payable Warrants: 22988 23098 227,582.27 RDA DEMANDS 43,457.26 $434,203.73 $434,203.73 FISCAL IPUCATIONS: Demand of Cash City $390,746 47 000180 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 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COUNCILIRDA MEETING DATE: October 17, 1995 CONSENT CALENDAR: ITEM TIThE: STUDY SESSION: PUBLIC REARING: Denial of Claim for Damages Filed by Gary Dunn, Jr., Date of Loss June22, 1995, in the amount of $260 RECOMMENDATION: Reject the Claim for Damages filed by Gary Dunn, date of loss June22, 1995 in the amount of $260. FISCAL IMPLICATIONS: None BACKGROUND AND OVERVIEW: The attached claim Attachment #1) filed by Gary Dunn, date of loss June 22, 1995, was forwarded to the Coachella Valley Joint Powers Insurance Authority CVJPIA). The CVJPIA, as indicated in Attachment 2, recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1. Reject the claim as recommended by the CVJPIA; Pay? aim in the amount of $260. Y??;ittM? John M. Falconer JFi ance Director 000221 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 AGENDA CATEGORY: OF? BUSINESS SESSION: COUNCILIRDA MEETING DATE: October 17,1995 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: PUBLIC REARING: Denial of Claim for Damages Filed by Jose M. Garcia, Date of Loss June 18, 1995 RECOMMENDATION: Reject the Claim for Damages filed by Jose M. Garcia, date of loss June 18, 1995. FISCAL IMPLICATIONS: The amount of the claim has not been identified by the claimant. BACKGROUND AND OVERVIEW: The attached claim Attachment #1) filed by Jose M. Garcia, date of loss June 18, 1995, was forwarded to the Coachella Valley Joint Powers Insurance Authority CVJPIA). The CVJPIA, as indicated in Attachment 2, recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1. Reject the claim as recommended by the CVJPIA; 2. Pay the m when the amount is identified. OOO22? BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 z AGENDA CATEGORY: CP4 OF BUSINESS SESSION: COUNCILIRDA MEETING DATE: October 17, 1995 CONSENT CALENDAR: IL ITEM TIILE: STUDY SESSION: PUBLIC HEARING: Denial of Claim for Damages Filed by Richard T. Jones, Jr., Date of Loss May 25, 1995 RECOMMENDATION.? Reject the Claim for Damages filed by Richard T. Jones, Jr., date of loss May25, 1995. FISCAL IMPLICATIONS: The amount of the claim has not been identified by the claimant. BACKGROUND AND OVERVIEW: The attached claim Attachment #1) filed by Richard T. Jones, Jr., date of loss May 25, 1995, was forwarded to the Coachella Valley Joint Powers Insurance Authority CVJPIA). The CVJPIA, as indicated in Attachment 2, recomrnends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Coijncil are: 1. Reject the claim as recommended by the CVJPIA; j> Pay t claim when the amount is identified. OOO23? BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14CP4 AGENDA CATEGORY: OF BUSINESS SESSION: COUNCILIRDA MEETING DATE: October 17,1995 CONSENT CALENDAR: ITEM TIJLE: STUDY SESSION: Adoption of a Resolution confirming the expiration PUBLIC REARING: date of the contract for Coachella Valley Agricultural Preserve #74, a total of 200 acres located along the northeast corner of 58th Avenue and Madison Street. Applicant: KSL Recreation Corporation RECOMMENDATIONS: I. Adopt the Council resolution confirming the expiration date of the contract for Coachella Valley Agricultural Preserve #74. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Coachella Valley Agricultural Preserve #74 became effective on January 1, i 977 as a land conservation contract beb,?een Riverside County and the owner of the property at the time, Josef and Gloria Gorelik. The property subsequently sold to Landmark Land Company, which recorded a Notice of Non-Renewal for the contract on November 3,1986. The effect of that notice was to terminate the automatic renewal term of the contract, with the final ten year term thus commencing on January 1,1956, and expiring on December 31,1995. Landmark filed a specific plan application SP 90-017) over a iGO acre portion of this property in April, 1990, and subsequently received approval on December 3,1991. As part of the conditions of approval under Council Resolution #91-107, a tentative cancellation for the preserve would be granted upon payment of the fee as required by the approval conditions. The fee would be paid to the County, to be disbursed to the State Soil Conservation Fund. An extension of time for payment of the fee was requested in November, 1992 by Landmark due to the RTC's efforts to liquidate the property. The property was eventually auctioned to KSL Recreation Corporation. Due to the uncertainty involved with the disposition of the property, the extension was approved on October 19, 1993 after the sale to KSL was completed. This approval granted extension for the payment to coincide with the contract expiration date. 000240 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14Since approval of that extension, there have been several conversations and correspondence between the City, KSL? the State Department of Conservation and KSL's attorneys, regarding when the contract expires and what KSL could actually do with the property in the interim. This summer, the City allowed KSL to commence grading on the property in connection with development of the fifth course of the PGA West project; actual operation of the course will not commence until after January 1, 1996, in keeping with the contract expiration date. KSL has requested that the City consider adopting a resolution which sets forth the expiration date of the preserve and contract refer to Attachment #1). The purpose of this request is simply to provide a formal confirmation of the expiration date, in the event of any dispute of this point by any party. The City Attorney has reviewed the proposed resolution and recommends adoption. ALTERNATIVES: 1. Adopt the resolution confirming the contract expiration date; 2. Pull the resolution from the Consent Calendar and continue or table consideration of this item, or; 3. Do not adopt the resolution confirming the contract expiration date. erry Her n, Community Development Director Attachments: 1. Letter from Criste, Pippin and Golds dated August 29,1995 000241 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 7 AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: October 17, 1995 CONSENT CALENDAR: ITEM TILE: STUDY SESSION: Approval of Report of Action on Conditional Use Permit PUBLIC HEARING: 95-022, a request to establish a used vehicle sales lot on a 2.7 acre site at 79-410 Highway 111. Applicant: Mr. Moe Nourkhah RECOMMENDATION. Confirm the action of the Planning Commission to approve the used vehicle car lot under Conditional Use Permit 95-022. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: eneral Plan Designation The site on Highway 111 is designated on the General Plan Map as Mixed?Regional Commercial M/RC)(Attachment 1) This property is smaller than 20 acres within the Non-Residential Overlay area and the use is limited to commercial. Zone Classification The site is within the Scenic Highway Commercial CPS) zone classification. The use is conditionally permitted within this district. Surrounding Land Uses The site is surrounded by vacant land with the CPS zone classification. OOO24? BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 Environmental Determination The project is categorically exempt from the provisions of the California Environmental Quality Act Section 15301a). Existin? Site Improvements Existing on the project site is a small single family residence that was converted to an office, prior to the City's incorporation in 1982. A paved parking lot is located along the site's 200' feet of frontage, adjacent to Highway 111 A chain link fence and gate extends across the front of the property. The site is accessed by a one way circular drive. Parking lot lighting was installed in 1993 without benefit of a permit. A 1 2' high, 50 square foot freestanding sign is located in the center of the front setback, at the top of slope. A row of mature Tamarisk trees is located along the north side of the structure. The site is 600, in length with the northern two thirds of the lot undeveloped. This undeveloped portion of the site was graded in 1993 without benefit of a permit. The archaeological assessment indicated through a survey of the graded area that no archaeological or historic resources were identified. However, it is recommended in the report that any additional grading will require an archaeological monitor. In 1993, a nursery business illegally began operation and was required to process a conditional Use Permit CUP 93-009). The City approved the outdoor nursery business in 1994, but the applicant abandoned the site. Due to the development of the site occurring prior to the city's incorporation, most of the site improvements are considered legally non-conforming. The site improvements, such as the street widening and the 50' wide landscape setback are not required at this time. However, any expansion to this lot, land use or structure and/or subdivision of this parcel for land sale purposes shall require conformance with the applicable district regulations and City Subdivision Ordinance. Proect Request The applicant is proposing to use the site as a vehicle sales lot. Six employee/guest parking spaces, as conditioned, and display parking will be provided. Landscaping is proposed along the front setback. The applicant proposes no vehicle repair or servicing. The existing sign will be repainted with the copy DESERT AUTO LIQUIDATORS." The hours of operations are 9:00 a.m. to 8:00 p.m. Monday through Saturdays and on Sundays the business will close at 5:00 p.m.. A minimum of two employees will be on site during business hours. 2 00024? BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 Planning Commission Action The Planning Commission considered this request at its meeting of October 10, 1995. A copy of the Planning Commission Report is attached Attachment 2). In the Commission report staff identifies several issues with recommended conditions to correct any potential problems. Some of the conditions are as follows: requesting an irrevocable offer for street dedication, removal of the existing parking lot lighting, revising the site plan to provide additional guestlemployee parking, providing landscaping including screening of the chain link fence, and shading of the parking lot, submittal of a color board for repainting the building and prohibiting car repair or on-site loading and unloading of vehicles on Highway 111. The Commission adopted a resolution with conditions of approval mitigating any potential negative impacts anticipated with this use. The final vote was 7 0. FINDINGS & ALTERNATIVES The alternatives available to the City Council are: 1. Confirm the action of the Planning Commission to approve the used vehicle sales lot under Conditional Use Permit 95-022, or; 2. Request staff to set a public hearing to allow the City Council to review this request. er y Her n, Community Development Director Attachments: 1. Location Map 2. Excerpt Planning Commission Report 3. Large Map Exhibit City Council only) 3 000248 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 4OF?;? AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: October 17, 1995 CONSENT CALENDAR: ITEM TIThE: STUDY SESSION: Adoption of a resolution to allow temporary closure of a portion of PUBLIC HEARING: Washington Street and 52nd Avenue and approval of the use of the Civic Center parking lot area for the Annual La Quinta Chamber of Commerce 10K Run?wo Mile Walk on November 12, 1995. Applicant: La Quinta Chamber of Commerce RECOMMENDATION: Adopt Council Resolution approving the street closure and use of the Civic Center. FISCAL IMPLICATIONS: None BACKGROUND AND OVERVIEW: The La Quinta Chamber of Commerce has applied for a street closure on November 12, 1995, to hold their 10th Annual 10K Run and Two-Mile Walk beginning at the Civic Center, proceeding south along Washington Street to 52nd Avenue, east on 52nd Avenue to the turnaround point and returning Attachment 1). The event has been held at the La Quinta Civic Center for the last two years. Prior to that time the event was held at the La Quinta Hotel for a year and originally held at the old baseball diamonds on 52nd Avenue. The Minor Temporary Outdoor Event Permit MTOE 95- 103) for this event has been approved. The Minor Temporary Outdoor Event Permit has been approved in the past without any problems. The Civic Center parking lot, south of City Hall, will be used for the registration, refreshments, and awards ceremony. The race and walk will begin on Washington Street adjacent to the parking lot. The Chamber of Commerce is requesting that the race route be closed between the hours of 7:00 a.m. and 10:00 a.m. Attachment 2). This closure would affect Washington Street between Calle Tampico and 52nd Avenue and 52nd Avenue between Washington Street and the eastern City limits past Madison Street. Cross traffic on Jefferson Street will be allowed to pass as runners traffic permits. The City Council is authorized to allow temporary street closures by adoption of a City Resolution pursuant to Section 1 2.32.080 d) of the Municipal Code. The Engineering Department will issue an Encroachment Permit and provide traffic safety measures which could include traffic barricades, No Parking" signs and other safety measures. OOO26? STAFFRPT.46 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14This proposed temporary closure has been reviewed by all applicable City departments; including the Sheriffs Department and Fire Department. To date, none have objected to the closure. The applicants are closely working with the Sheriffs Department to hire deputies for traffic control. FINDINGS AND ALTERNATIVES: Findings for Aporoval 1. This temporary street closure is allowed based on Section 12.32.080(d) of the Municipal Code which permits the Council, by Resolution, to designate No Parking" areas by signing or applying red paint to the street curbing. Since this closure is temporary, signs will be used notifying people that the road is closed. Additional conditions will be imposed as necessary to regulate vehicle traffic and ensure pedestrian and participant safety. 2. This temporary street closure will have minor impacts on traffic in the surrounding area since there are alternate routes available and Sheriffs Department personnel will be present for traffic control. 3. An Encroachment Permit can be granted by the City to allow activities on public streets for specific periods if legitimate reasons can be found to allow the closure and safety standards Chapter 12.1 6 of the Municipal Code, Traffic Control Devices) are provided such as traffic barricades and No Parking" signs to ensure that the public is not at risk" during the event. 4. Approval Qf the temporary street closure will not create conditions that may threaten the public's health and safety needs of the community because specific conditions will be imposed as a part of MTOE 95-103. 5. This temporary street closure which includes use of the Civic Center parking lot for the start and finish of the race has been held for the last two years and created no impacts. Options Available to the Cduncil: 1. Approve the request to close Washington Street and 52nd Avenue along the race route and allow use of the Civic Center for the start and finish of the race. 2. Deny the request because it will negatively impact the area and create traffic impacts. ry Herma ommunity Development Director ttachments: 1. Event route map 2. Letter from applicant, September12, 1995 000264 STAFEkPT.46 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 0 1 AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: CONSENT CALENDAR: October 17, 1995 ITEM TITLE: STUDY SESSION: Approval of Report of Action on Plot Plan 92-490 Revised) and Specific PUBLIC HEARING: Plan 92-022 for a one-year extension of time for a previously approved commercial project at tbe northwest corner of Highway 111 and Jefferson Street. Applicant: Mr. Michael Hurst, Architect RECOMMEM)ATION: Approve the action of the Planning Commission to approve a second one-year extension of time for Plot Plan 92-490 revised) and Specific Plan 92-022. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Description of Site The project site is approximately 23 acres including 7 acres in the existing unlined flood control channel. The property is presently vacant and void of any significant vegetation The parcel has approximately 450 feet of ftontage on Highway 11 and approximately 860 feet on Jefferson Street Attachment Project Description The approved project consists approximately of a 25?,550 square foot shopping center with eleven buildings. The development concept is to market the project as an off-price" retail center similar to the Cabazon Desert Hills Factory Outlet" center. The L" shaped shopping center has fliture pad sites proposed along Highway 11 and Jefferson Street. The buildings are primarily single story with two story portions. The architectural design is contemporary with a Mediterraiiiean influence, with design elements including stained-glass accent windows, stucco walls, tile roofs and pedestrian arcade Attachment 2, Sheets l of 10). STAFFRPT.048 000270 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 Time Extension Request This project was originally approved in February, 1993. A one-year extension was granted in March, 1994. In January, 1995, the ap?icant and the owner's representatives requested a second one-year extension for this plot plan and specific plan Attachments 3 and 4). Review of the application was postponed at the request of the applicant while the owner and his partners, pursued other investment avenues for this project. The applicant has indicated that this extension is needed in order to keep the project entitlements active during the sluggish economy. Planning Commission Action The arning Commission at its meeting of September26, 995, reviewed the time extension request. The Planning Commission approved this time extension to February, 996, on a 7-0 vote, subject to the amended conditions. The changes which can be found by looking for the asterisk adjoining the condition number, pertain to bringing conditions into conformance with current standards. Conclusion. The revised Conditions of Approval require the property owner/developer to obtain a building permit for the project prior to the February 2, 1996 expiration date. FINDINGS & ALTERNATIVES: The options available to the City Council are: 1. Approve the action of the Planning Commission; 2. Request staff to set a public hearing for the City Council to review this request. Community Development Director Attachments: 1. Location Map 2. Site PlanNarious Elevation Sketches 3. Letter from Michael Hurst 4. Letter from Micha? 3. Conway 2 000271 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14! NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14" NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14# NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14$ NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14% NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14& NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14' NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14( NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14) NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14* NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14+ NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14, NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14- NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14. NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14/ AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: October 17, 1995 CONSENT CALENDAR: ITEM TIThE: STUDY SESSION: Approval of Overnight Travel for the Maintenance PUBLIC REARING: Manager to Attend a Pavement Maintenance Seminar in Las Vegas, Nevada, November 30 December 1, 1995 RECOMMENDATION: Approve overnight travel for the Maintenance Manager to attend a two-day Asphalt Maintenance Seminar presented by the College of Engineering University of Wisconsin-Madison in Las Vegas, Nevada on November 30 and December 1,1995 Attachment 1). FISCAL IMPLICATIONS: This Seminar, along with overnight and vehicle reimbursement expenses will be ftmded through Public Works Street Maintenance Training and Education, Account # 101-453-655-000. There is $1,385 available flinding in this account for Fiscal Year 95196. The breakdown of expenditures for this seminar are as lollows: Seminar Enrollment $ 495.00 Overnight Lodging/Meals $ 200.00 Vehicle Reimbursement 500 miles $.32 per mile) S 160.00 Total $ 920.00 BACKGROUND AND OVERVIEW: This two day seminar, entitled Maintaining Asphalt Pavements", will focus on materials, construction details, and proven procedures used to inventory pavement conditions, as well as practical techniques to improve pefformance and extend pavement life. Among the maintenance remedies to be studied are crack sealing, surface sealing, overlays, permanent patching and recycling. 000303 f:\wp\de?er?eport??e95 10 17d BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 140FINDINGS AND ALTERNATIVES Available Alternatives: Approve overnight travel for the Maintenance Manager to attend a two day Asp h?t Maintenance Seminar in Las Vegas, Nevada on November30 and December 995. This alternative will enable staff to learn the latest techniques used in the maintenance of asph?t pavements and incorporate them into the City's Comprehensive Street Maintenance Program. 2. Deny overnight travel for the Maintenance Manager to attend a two day Asphalt Maintenance Seminar in Las Vegas, Nevada on November 30 and December 1995. David M. Cosper Public Works Directo ity Engineer/City Engineer 000394 f:\wp\dextef?eporl?\0c9? 101 7d BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 141 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 142 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 143 7 OF AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA ME?NG D??r 17,1995 CONSENT CALENDAR: ITEM TIThE: STUDY SESSION: Approval of a Resolution Establishing Allowable PUBLIC HEARING: Forms of, and Acceptance Standards for,Improvement Security RECOMMENDATION: Approve the attached resolution establishing allowable forms of, and acceptance standards for, subdivision improvement security. FISCAL IMPLICATIONS: None BACKGROUND AND OVERVIEW: On August 1, 1995, following a joint approval process by the Planning Commission and the City Council, the City Council adopted Ordinance No.272 revising Chapter 3 of the La Quinta Municipal Code relating to subdivision regulations. The Ordinance requires that the City Council specif?, by resolution, the forms of, and acceptance standards for, subdivision improvement security. The Subdivision Map Act SMA) requires that cities obtain security to guarantee installation of improvements in new subdivisions. The Act lists, in a general sense, several forms of security which may be accepted by public agencies and allows the agencies to establish specific criteria for each form and standards for acceptance. The proposed resolution Attachment 1) allows each of the forms of security listed in the SMA and establishes specific criteria for acceptance. The criteria focus on three elements: 1. The financial stability of the institution providing security. 2. The ease with which the City can gain access to flinds for secured improvements. 3. The payment of fees by the subdivider for the use of certain forms of security to help offset the City?s costs in administering those forms of security. f:\w?\dexter?e?orts\e?5 1017e 000307 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 144FINDINGS AND ALTERNATIVES: Ordinance 272 the subdivision ordinance) takes effect on October 9, 995. In order to process new subdivisions under the ordinance, it is necessary that the City adopt a resolution establishing forms and acceptance standards for subdivision security. The Planning Commission, at their reg?ar meeting on October 10, 1995, adopted a resolution Attachment 2) recommending approval of the subdivision security provisions as outlined in Attachment Mternatives for Council consideration include: 1. Approve the proposed resolution in?uded herewith as Attachment 2. Approve the proposed res?ution subject to specified amendment or amendments. 3 Deny approval of the proposed resolution, temporarily delaying the processing of subdivisions, and direct staff to revise the resolution or generate additional information for consideration at a ftiture City Council meeting. 4. Provide staff with alternate direction. David M. Cosper, I orks Director/City Engineer OO()398 1017e BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 145 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 146 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 147 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 148 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 149 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14: NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14; AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: October 7, 1995 CONSENT CALENDAR: IL ITEM TIThE: STUDY SESSION: Approval of City?s Disadvantage Business PUBUC HEARING: Enterprise DBE) Policy for Fiscal Year 1995/96 RECOMMENDATION: Approve Disadvantaged Business Enterprise DBE) Policy for Fiscal Year 95/96. FISCAL IMFUCATfONS: There are no fiscal implications associated with the approval of the DBE policy. BACKGROUND AND OVERVIEW: This is an annual renewal of the same DBE policy previously approved by Council during the meeting of November 1.1994. In order for the City to quahf? for certain flinding from State or Federal agencies, the City must have an approved DBE policy. The policy states the City will make every reasonable effort and extend every reasonable opportunity to the Disadvantaged Business Enterprise community. Disadvantaged businesses are typically those businesses that are majority owned by an ethnic minority, female or a disabled person, either as a group or as an individual. Disadvantaged businesses must be certified, usually by the State or an agency recognized by the State or Federal Housing and Welfare Administration FHWA). For flirther details the proposed DBE policy is included as Attachment I. FINDINGS AND ALTERNATIVES: Once the policy has been approved, the City will be eligible to receive flin ding from any Federal-Aid project for which the City is qualified. The policy will be kept on file at Caltrans Headquarters and will have to be renewed each year. The minimum goal established by the State of California-Business, Transportation and Housing Agency is 10%, which means the City will make a good falth" effort to use DBE's for a minimum 10% of the total value of finding eligible contracted work. O()O31? 951017H BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14<This is normally accomplished by extensive advertising and thorough solicitation of minority contractors by a General Contractor preparing a bid for a job which has a DBE goal requirement. The City Attorney has previously reviewed the DBE policy and has found it to be acceptable. The alternatives available to the City Council are: Approve staffs recomrnendation; 2. Decline staffs recommendation; 3. Provide staff with alternate direction. David M. Cosp ub c Works Director/City Engineer 000316 951017H BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14= NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14> NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14? NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14@ NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14A NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14B NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14C NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14D NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14E NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14F NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14G NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14H NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14I NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14J z AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: October 17, 1995 CONSENT CALENDAR: ITEM TIThE: STUDY SESSION: Acceptance of Traffic Signal Improvements at Miles Avenue PUBLIC HEARING: and Dune Palms Road, Project No.95-03 RECOMMENDATION: Accept traffic signal improvements at Miles Avenue and Dune Palms Road, Project No.95-03, and request the City erk to file a Notice of Completion' with the County Recorder's office. FISCAL IMPLICATIONS: There are no fiscal implications associated with the acceptance of this project. BACKGROUND AND OVERVIEW: During the Council meeting of?y 18,1995, the City Council authorized staff to receive bids for this project. On August 1, 1995, Council awarded a contract for construction of street and signalization improvements at Miles Avenue and Dune Palms Road to the James E. Simon Co. of Indio. The award was made for a contract amount of $199,201. Due to a typographical error in the bid sched?e, Council also authorized staff to execute two 2) contract change orders to correct the error. After contract change order No.'s 1 & 2 were executed, the revised contract amount was $177,212. This project had a 30 calendar day schedule for completion. Notice to proceed was issued on August 16,1995, and all work was required to be complete on or before September 15, 1995. Because of d?ays caused by utility relocations, the Contractor completed all work on October 2, 1995. There were no additional costs incurred by the City arising ftom the utility delays or late completion. The scope of this project included: complete reconstruction street widening and striping) on Dune Palms Road north of Miles Avenue, flill signalization of the intersection including lefi turn movements in all four directions), emergency vehicle pre-emption, pedestrian coordination, and necessary striping modifications. 000330 f:\de?&?e?oris?95 1017g BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14KFINDINGS AND ALTERNATIVES: Staff and contract inspection personnel have reviewed the improvements in place and find them to be satisfactory and complete according to the contract plans and specifications. The original contract value was $199,201. As previously mentioned, this amount was adjusted to reflect a revised contract amount of$177,212. There were a total of three 3) contract change orders executed. A final accounting of the project is as follows: ITEM BUDGET ACTUAL Design Signal Improvements $5,500 $5,500 Street Improvements $7?800 $7?800 Total Design Costs $13,300 $13,300 Construction Original Contract $199,201 $199,201 Contingencies Contract Change Orders) 516.400 517.989) Total Construction Costs $215,601 $181,212 Support Right of Way Acquisition $1,500 $1,500 Testing I Inspection I Survey $13,944 $9,500 Owner Supplied Equipment $10,000 $27,182 Administrative 510.000 510.000 Total Support Costs $35,444 $55,269 TOTAL PROJECT COSTS $264,345 $249,781 Based upon the final accounting, this project was completed at 6% under the approved budget. Mternatives for Council to consider: 1. Approve staff's recommendation. According to the contract documents, once all the terms and conditions of the contract have been satisfied, there are no alternatives to project acceptance. 2. Provide staff with alternate direction. David M. Cosper, u lic Works Director/City Engineer 000331 f:\dex?r?eports\cc95 1017g BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14L AGENDA CATEGORY: A'OF?? BUSINESS SESSION: COUNCILIRDA MEETING DATE: October 17,1995 CONSENT CALENDAR: L ITEM TIThE: STUDY SESSION: Approval of Sunline Services Group Taxi PUBLIC HEARING: Regulatory Implementation Agreement Approve the Im?ementaUon Agreement between SunLine Services Group SSG) and the City of La Quinta for taxi regulatory activities. The recommended action will have no direct fiscal impact to the City of La Quinta. However, this action will save SunLine Services Group taxi budget an estimated $2,000 to $3,000 annually by eliminating the need for an independent audit. SunLine Services Group SSG) is a Joint Powers Authority JPA) of the nine cities in the Coachella Valley and the County of Riverside. This JPA is separate from SunLine Transit Agency and was created to perform non-transit functions. Initially, the SSG was authorized to operate a compressed natuial gas CNG) fueling station and to distribute CNG to customers. On June 28, 1995, the Board of Directors of SSG took action to include taxi regulation as a new function in the authorized activities of SSG. This action was in response to recommendations of SunLne' 5 fiscal auditor's and recommendations made by a peer review of SunLine as a taxi regulator. According to the SSG-JPA, when a new function is added, SSG and the member entities can enter into Implementation Agreements to perform those new functions. Attachment 1 is the Implementation Agreement for taxi regulation. Staff recommends that the City Council approve this Implementation Agreement. The Agreement authorizes SSG to regulate taxi operations within our jurisdiction. This Agreement does not alter or change the current method of taxi regulation. Jt will save the SunLine Services Group taxi program an esfimated $2,000 to $3,000 annually by eliminating the need for an independent audit. 000332 f'.\dexter\reports\?c95 1017i BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14M Alteniptives. 1 Approve the attached Implementation Agreement between SunLine Services Group and the City of La Quinta for taxi regulatory activities. 2. Do not approve the attached Implementation Agreement between SunLine Services Group and the City of La Quinta for taxi regulatory activifies. This action could require the City to regulate taxi service. The costs to perform such an activity are undetermined at this point. However, it is in excess of what it costs the City to provide this service through SunLine Services Group. 3. Provide staff with alternate direction. David M. Cosper, lic Works Director/City Engineer 000333 f:\dexter\repotts\cc9S 1017i BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14N NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14O NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14P NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14Q NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14R NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14S NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14T NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14U NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14V NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14W NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14X NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14Y NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14Z NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14[ c/7? AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: October 17, 1995 CONSENT CALENDAR: ITEM TIThE: STUDY SESSION: Settlement and Release Agreement with Donald C. Andrews PUBLIC REARING: concerning a portion of the liquidation for the Steven D. Wymer Qualified Settlement Fund RECOMMENDATION: Recommend approval based on Council's prior settlement negotiation authorization. FISCAL IMPLICATION: City will receive $10,000 or less equal to a 5% share in the total amount). BACKGROUND AND OVERVIEW: This matter concerns part of the liquidation of the Steven Wymer estate and related to a promissory note from Donald C. Andrews. A settlement was previously recommended by the City's special litigation counsel, John Cannon, and approved by Council in an amount which would have been less than the proposed amount in the agreement. Because this amount must be shared by all of the Steven Wymer victims, La Quinta's share is estimated to be 5% or less than $10,000. The small amo Lint at issue is partially why special counsel recommended the previously authorized settlement amount as further dispute concerning this single note by all the parties does not merit the litigation costs involved. FINDINGS AND ALTERNATIVES: The options available to the Council are as follows: 1. Approve the Settlement and Release Agreement; 2. Reject the Settlement and Release Agreement; 3. Provide direction to staff. Dawn C. Honeywell, City Attorney Attachment: 1. Settlement and Release Agreement with Donald C. Andrews 000347 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14\ NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14] NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14^ Funding Request City of La Quinta By Boys & Girls Club of Coachella Valley, La Quinta Unit In 1994,1356 children became members of the Boys and Girls Club in La Quinta. We are asking for support of the city by participating in the funding of one or more of the following programs or services in the amount of $50,000.00: Citizenship and Leadership Development Programs $25,000 ornh and keystone Clubs, Junior Staff, Youth of the Year, etc.) 65 Scholarships for Boys and Girls Club Programs $220.00 $14,300 Gang Prevention Program $13,000 Utilities $16,000 Joint use of Boys and Girls Club facility by City Park and Recreation Department Yard Maintenance $6,600 Your consideration of this request is greatly appreciated. For further information contact Jim Ducatte, Executive Director, at 836-1160 OOO3??O BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14_ NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14` NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14a NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14b NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14c NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14d NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14e NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14f NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14g NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14h REPORTS AND INFORMATIONAL ITEMS: ART IN PUBLIC PLACES MEETING MINUTES LA QUINTA CITY HALL NORTH CONFERENCE ROOM SEPTEMBER11, 1995 The regular meeting of the Art in Public Places Committee was called to order at 3:24 P.M. by Chairman Nard. ROLL CALL: Committee Members Sharon Kennedy, Michelle Klein, Carolyn Lair, Rosita Shamis, John Walling, and Chairman Nard Committee Members Walling/Shamis moved and seconded a motion to excuse Committee Member Elaine Reynolds. Unanimously approved. Guests present: Paul Berlier, Ron Silva, Patrick Welch. Staff present: Community Development Director Jerry Herman and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT None II. CONSENT CALENDAR: A. Committee Member Shamis asked that the Minutes of August 7, 1995, be corrected, as her name had been misspelled. Committee Member Lair asked that the minutes be corrected to state it was the Los Angeles Redevelopment Agency art projects she reviewed. There being no further corrections, it was moved and seconded by Committee Members Klein/Shamis to approve the minutes as corrected. Unanimously approved. III. FINANCIAL STATEMENT: A. Committee Member Shamis asked that the statement be corrected by adding the $20,000 to the Balance of Commitment column as well. There being no fiitther corrections, it was moved and seconded by Committee Members Kennedy/Klein to approve the Statement as corrected. Unanimously approved. Iv. BUSINESS SESSION: A. Review joint meetin? with the Art in Public Places Commissions/Committees in the Vallev. APP9-1 1 1 0003C)O BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14i NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14j NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14k NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14l NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14m REPORTS AND INFORMATIONAL ITEMS: INVESTMENT ADVISORY BOARD MINUTES July 12, 1995 CALLTOORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Vice Chairman Brown, followed by the Pledge of Allegiance. PRESENT: Board Members Frame, Irwin, Sales and Vice Chairman Brown ABSENT: Chairman Lewis OTHERS PRESENT: John Falconer, Finance Director, Lee Osborne, and Debbie DeRenard, Secretary INTRODUCTION OF NEW BOARD MEMBER Mr. Falconer introduced Robert Frame who replaces Board Member Helen Gureath. FISCAL YEAR 1995196 Meeting Schedule Ms. DeRenard advised that each Board Member is allowed three unexcused consecutive absences. Vice Chairman Brown advised that the proper procedure when you cannot aftend a meeting is to call the Investment Advisory Secretary. It was the unanimous decision of the Board to accept the meeting schedule times and dates. APPOINTMENT OF OFFICERS A. Appointment of Investment Advisory Board Chairperson. Board Member Irwin nominated Chairman Lewis for Chairman Chairman Lewis was appointed by unanimous vote as Chairman. 000365 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14n NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14o NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14p NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14q NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14r NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14s NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14t NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14u NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14v NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14w REPORTS AND INFORMATIONAL ITEMS: D PARKS AND RECREATION COMMISSION MINUTES September 11,1995 I. CALLT ROER A regular meeting of the Parks and Recreation Commission was called to order at 7:02 p.m. in the La Quinta Civic Center Study Session Room. Chairperson B.J. Seaton presided over the meeting. Pledge of Allegiance was led by Commissioner Mullen. ROLL CALL: MEMBERS PRESENT: Commissioner Lawrence Best Commissioner Dawn Brenneis Commissioner Mike Davis Commissioner Stacey Mullen Commissioner Kathryn Pedersen Commissioner B.J. Seaton MEMBERS ABSENT: Commissioner Carl Ingram STAFF PRESENT: Marty Nicholson, Parks & Recreation Director Cristal Spidell, Secretary II. CONFIRMATION OF AGENDA Chairperson Seaton indicated that item VII I. C. may be moved depending on the arrival of Carolyn Lair from the La Quinta Arts Foundation. Staff member Marty Nicholson added item VIII. E. Afterschool Enrichment Classes. Ill. APPROVAL OF MINUTES It was moved by Commissioner Best/Davis to APPROVE the Minutes of June 12, 1995 as submitted. IV. ANNOUNCEMENTS A. Introduction of Marty Nicholson Ms. Nicholson introduced herself to the Commission and gave a brief history including coming from Spring Valley where she was the Director for the past 15 years. Ms. Nicholson is looking forward to working with the Commission. V. PUBLIC COMMENT None VI. CORRESPONDENCE AND WRITTEN MATERIALS A. Current Parks & Recreation Commission Roster Commissioner Brenneis's address was changed to 79-365 Desert Stream Drive, La Quinta, and Commissioner Pedersen indicated that her mailing address is now P.O. Box 674, La Quinta. OOO37,? PRCMIN.007 1 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14x NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14y NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14z NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 DEPARTMENT REPORTS: I z dQo?4Qaii(i?i fOF? MEMORANDUM TO: Honorable Mayor and City Council Members FROM: Dawn C. Honeywell, City Attorney DATE: October 17, 1995 SUBJECT: POLICY ON ACTION TAKEN IN STUDY SE?SION Pursuant to Council's direction to make recommendations as to a policy on taking action in the study session portion of the Council meetings, this report provides three options for Council discussion and direction. Neither the Brown Act nor the Council's current procedural rules provide a specific prohibition on taking final action on a given item. However, due to the conflision which has arisen over the historical Council usage of study sessions to provide discussion and direction to staff to return with information, any desire to deviate from that pattern should be specifically disclosed in the description of the item on the agenda to meet the Brown Act's requirement that under Government Code 54954.2, the agenda contain a brief general description of each item of business to be transacted or discussed..." Further, as determined by the courts, in Carlson v. Paradise Unified School District 18 Cal. App. 3d at 200 the description must be sufficient to provide interested persons with an understanding of the subject matter which will be considered." In light of the conflision and the Brown Act's disclosure requirement, it would appear that the Council may want to adopt a clarifying policy to govern the usage of the study session. Three potential options are provided below, although they should not be viewed as the only possibilities. The first option would continue the current pattern by adding a provision to the Council procedural rules to the effect: The study session portion of the agenda shall be used for discussion and direction to staff to bring back an item with or without additional information or clarification for final consideration as a business or consent calendar item on a fliture agenda. A second option could be to add a provision to the Council procedural rules to the effect: The study session portion of the meeting provides for a longer discussion period for a given item than the usual business or consent calendar item but the item may be described on the agenda for discussion and consideration as to approval or disapproval at the direction of Council or the discretion of the City Manager. 000379 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14Honorable Mayor and City Council Members October 17, 1995 Page 2 The third option to clarify this issue would be an addition to the Council procedural rules to the effect: The study session portion of the meeting provides for the possibility of discussion, direction to staff for additional information or consideration of approval for any item and the agenda description shall reflect each of those options. From a legal perspective, any of the above options addresses all Brown Act concerns and provides a specific policy direction for staff to follow by amending the procedural rules to address this issue. Staff would like the opportunity to review other areas of the Council agenda procedure and may make additional suggestions for changes fbr Council consideration after their review is complete. I will be happy to address this issue further if Council has additional questions. DCH:tb c:\wp6O\docs\101795.ca 000380 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 CP4oF?? AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: October 17,1995 CONSENT CALENDAR: ITEM TIThE: STUDY SESSION: PUBLIC HEARING: Transmittal of Revenue and LL- Expenditures Report dated August 31, 1995 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: Transmittal of the August 31, 1995 Statement of Revenue and Expenditures for the City of La Quinta. M. Jo Falconer, F nance Director O()0381 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 MEMO RANDUM PALM SPRINGS DESERT RESORTS TO: JPA EXECUTIVE COMMITTEE JPA) TECHNICAL ADVISORY COMMITTEE TAC) FROM: MICHAEL E. FIFE, President DATE: OCTOBER 12, 1995 F' SUBJECT: SPECIAL EVENTS JflJI(-I Attached is a copy of a memorandum from Jeff Fidler, Director of Public Relations for the Crime Control Education Foundation. PJ?lfl c)crl P?.m My understanding is that this letter was sent to all JPA Executive Committee members. Mr. Fidler is requesting that the CVB flind $10,000 and two airline tickets to help produce a 15-minute video on ESPN. This 15-minute video highlights coverage of the TV3 Desert Duathlon and the Oshman's Super Sports Super Kids event that will be held November24 and 25,1995, at the Doubletree Resort in Cathedral City. As you know, we have received a number of requests to help flind spccial promotions in the Palm Springs Desert Resorts area. Historically, it has been the policy of the JPA Executive Committee not to provide flinding for any special event but instead to work with the event organizers to help promote the events held in the member cities. N E T N N D It has been the opinion ofthe JPA Executive Committee that once we help ftLnd I T B B one event, we would be asked to ftmd a variety of events in the valley. As you F F F r know, the JPA Executive Committee and staffhave previously turned down requests from the Olympic Training Committee, Easter Bowl, the Ne'vsweek A'--' Tournament, Bob Hope Chrysler tournament and a variety of other special events. A H I N G T 0 N B ALE OFFICE I F I I I F 222 F F A A \ I) I A A I 4 OOO3cJj?IJ A 2 IA A,-' 4" F BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14Memorandum Re: Special Events October 12, 1995 Page 2 Since this memorandum was addressed directly to the JPA Executive Committee members, I would suggest that it be placed as an added starter on both the Technical Advisory Committee meeting of October 13 and the JPA Executive Committee meeting of October 17. MEFItw Enclosures 0003.91 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 L? & z AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: October 17, 1995 CONSENT CALENDAR: ITEM TIThE: STUDY SESSION: A Joint Public Hearing between the La Quinta City Council PUBLIC HEARING: and the Redevelopment Agency on an Amendment to the Disposition and Development Agreement between the City of La Quinta and the Boys and Girls Club of the Coachella Valley/Building Horizons Program RECOMMENDATION: Adopt Council Resolution approving the Second Amendment to the Disposition and Development Agreement by and between the Agency and Boys and Girls Club of Coachella Valley/Building Horizons Program and authorize the Agency Chairman to sign the Amendment. FISCAL IMPLICATIONS: The Second Amendment provides that the Agency may be repaid a maximum of$150,000 of Agency financial assistance that was used for affordable housing development. This compares to the total repayment of$190,000 as provided by the initial Disposition and Development Agreement DDA"), and $170,000 as provided by the First Amendment to said DDA. The reduced repayment amount is a result of increasing the Second Trust Deed assistance, as provided by the Second Amendment, to $30,000 per unit. This increase would afford the opportunity for low income households to purchase the two dwellings. The flinds have been previously allocated. BACKGROUND AND OVERVIEW: On September 30, 1994, the Agency and Building Horizons Developer") entered into a DDA that established a contractual obligation to facilitate the financing and construction of a two unit, single- family residential development to be sold at affordable housing costs to moderate income households. Subsequent to its execution, the DDA was amended in July, 1995, to modify certain provisions which afforded the Developer greater flexibility when selling the units. However, changing market conditions has resulted in the inability of the Developer to market these units to moderate income households. As such, the Developer petitioned the Agency to reconsider some of the constraints and provide additional flexibility for the sale of these units. Provisions of the Second Amendment. Modifications embodied in the Second Amendment are detailed in the Report on the Second Amendment which is featured as Affachinent 1 to this report. In summary, the modifications proposed by the Second Amendment are as follows: 000397 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14* Permit the sale of the residential units to low and moderate income households, which provide that the units can be sold to households earning 61% to 120% of the median income of Riverside County. * Eliminate the 3% down payment requirement and afford potential home buyers the ability to secure 100% lender financing. * Increase the Second Trust Deed loan amounts from $20,000 per unit to $30,000 per unit; under the DDA, the Agency converts some of the initial affordable housing assistance into silent Second Trust Deeds which finance the difference between affordable housing costs and affordable First Trust Deed mortgages), and the purchase cost. Discussions involving Agency staff and the Developer indicate that with these modifications, the Developer will be able to secure buyers for these two homes. Public Hearing Requirement. The project was approved through a Disposition and Development Agreement which is required by the California Community Redevelopment Law since Agency- owned property, purchased with tax increment revenue, was to be sold. As a result, any subsequent amendments to the DDA require that the same procedure involved in adopting the original DDA be adhered to. As such, a joint public hearing is required, which was noticed once a week for two consecutive weeks on October 3rd and October 10th. Further, the modifications to the DDA and an accompanying report that summarized said modifications were available at the public counter in the La Quinta Community Development Department since October 3rd. FINDINGS AND ALTERNATIVES: Approving the DDA will provide the Developer greater flexibility in selling these homes, thus increasing the community's supply of covenant restricted affordable housing; the sale will also result in the partial repayment of Agency financial assistance that was originally paid to facilitate property acquisition and construction activities. If the Agency was to elect to not approve the DDA, then the Developer would have a limited ability to sell the units, and potentially would default on the Agreement. Alternatives available to the Council are as follows: 1. Adopt Council Resolution approving the Amendment to the Disposition and Development Agreement as recommended and authorize the Agency Chairman to sign the Agreement; 2. Adopt Council Resolution approving the Amendment to the Disposition and Development Agreement with further recommendations; 3. Deny the Agreement. ttachinent: 1. Second Amendment on the Disposition and Development Agreement 0003 98 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 NOTEXTPAGE BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 0? L? AGENDA CATEGORY: AfOFT??? BUSINESS SESSION: COUNCILIRDA MEETING DATE: October 17, 1995 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: A Joint Public Hearing with the City Council and the PUBLIC REARING: Redevelopment Agency regarding the Disposition and Development Agreement between the Agency, Desert Sands Unified School District, and Desert Sands School Building Corporation for the sale of approximately 25 acres at the northeast corner of 48th Avenue and Dune Palms Road RECOMMENDATION Adopt Council Resolution approving and authorizing the execution of the Disposition and Development Agreement between the Agency, Desert Sands Unified School District, and Desert Sands School Building Corporation, the allocation of funds, and authorizing the Agency to sign the Disposition and Development Agreement. FISCAL IMPACT: The Disposition and Development Agreement DDA") provides that the District will pay the Agency $1.2 million in cash to purchase a 25.89 gross acres of property; further, the DDA provides that the District will fund an additional $994,000 of improvements to Dune Palms Road. Finally, the DDA commits the Agency to expending up to $3.6 million in Project No.2 low and moderate income housing funds to underwrite the construction of improvements to 48th Avenue. The net outlay of additional Agency funds resulting from the DDA is $ 4 10,000. An allocation of $3.6 million will be committed to the construction of 48th Avenue improvements from the Project No. I and No.2 low and moderate income housing fund. BACKGROUND AND OVERVIEW: Svnopsis of the Disposition and Development A?eement. The DDA provides for the following: * That the Agency will sell 25.89 acres to the District for a cash price of $1.2 million. * That the District will construct improvements to Dune Palms Road from the future alignment of 48th Avenue north to Highway 111. * That the Agency will construct improvements to 48th Avenue from Adams Street east to Jefferson Street. * An Implementation Agreement that would result in the disbursement of the District's percentage share of tax increment per year for the next 34 years which the District would use to fund some of the costs associated with constructihg the District Administrative Center. The Agency/District BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 Cooperation Agreement, dated July 5, 1989, provides that the District shall receive up to 50% of the tax increment revenue generated by the District's property tax levy in Project Area No.2 to lund District facilities and improvements. This Implementation Agreement fulfills provisions of said Cooperation Agreement. Public Hean.n? Requirement. The California Redevelopment Law requires that the Agency convene ajoint public hearing, with the City Council, to receive community input when property purchased with tax increment revenue is subsequently sold. The notice of this joint public hearing was published once a week for two consecutive weeks on October 3rd and October 10th) in the Desert Sun. Further, copies of both the DDA Attachment 1) and a Summary Report Attachment 2) were available at the Community Development Department's public counter on October 3rd. Both the Summary Report and DDA were subsequently revised on October 9th to reflect the addition of the Desert Sands School Building Corporation as a third partyto the DDA. The District requested that the Building Corporation be added because it will assume the responsibility of constructing the Administrative Center and infrastructure improvements for the District. Project Description. The project involves the sale of 25.89 acres of property to the District, upon which a 164,000 square foot Administration and Educational Services Center will be constructed. The center will include the District's administrative, maintenance, operation, transportation, warehouse, and nutritional service facilities, and the District's bus storage yard, day care center, and Board meeting room. A minimum of 500 District employees would be located in this facility. The project was the subject of both Planning Commission and City Council consideration pursuant to Public Use Permit 95-016. In addition to the Administrative Center, the DDA also provides that the District will construct improvements to Dune Palms Road from State Highway 111 south to the future alignment of 48th Avenue. Said improvements shall include utility and drainage facilities, and roadway improvements including traffic signals at the Dune Palms Road/Highway 111 intersection. Finally, the DDA provides that the Agency shall improve 48th Avenue from Adams Street east to Jefferson Street. Said improvements will include roadway, utility, drainage, and landscaping improvements. The 48th Avenue improvements will not only provide secondary access to the Administrative Center, but will also provide primary access to two Agency-owned properties that are contiguous to 48th Avenue. Both Dune Palms Road and 48th Avenue improvements are listed as public infrastructure projects in the Redevelopment Plan for La Quinta Redevelopment Project No.2. History of the Site/Project. The site was one of two parcels of property that were acquired by the Agency in May, 1991. One parcel was contiguous to the future alignment of Dune Palms Road Dune Palms Road Parcel"), and the second was located northwest of the intersection of Jefferson Street and 48th Avenue Jefferson/48th Avenue Parcel"). The Agency's original intent in purchasing these parcels was to: * Develop the Dune Palms Road Parcel with affordable housing, and * Develop the larger Jefferson/48th Avenue Parcel with both the District Administrative Center and commercial uses. CCJH.003 2 fl??A BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 FINDINGS AND ALTERNATIVES: Approving the DDA Will provide for the following: * the sale of Agency-owned property to the District for the construction of new public facilities that will serve both the City of La Quinta and the region as a whole. Further, locating these facilities in La Quinta will relocate over 500 jobs to La Quinta, resulting in increased demand for commercial and other support services that could be met by local businesses. * the construction of needed road, utility, and flood control improvements to both Dune Palms Road and 48th Avenue; cmrently, both streets are paper right-of-ways that do not feature any improvements. Both of these roadways are listed as public improvement projects to be addressed through redevelopment in the Project No.2 Redevelopment Plan, and are needed arterials in order to provide access to both the administrative center and the 90 acres of vacant property that the Agency desires to develop with affordable housing. * the means to flind the aforementioned improvements through tax increment revenue. The Implementation Agreement embodied within the DDA provides that the District may access tax increment revenue, as afforded by the 989 Agency/District Cooperation Agreement to construct needed District facilities. Through both correspondence and discussions, District representatives have provided faettial data that indicates that the District has no other means through which to flind these improvements other than tax increment revenue. Further, Agency expenditures to construct 48th Avenue improvements will assist in the development of affordable housing on adjacent Agency-owned properties. To date, the Agency has assisted affordable housing development through flinding necessary off-site infrastructure improvements, thus reducing cost burdens and affording lower home purchase prices. * the Agreement will implement provisions of the Agency's 1994 Five-Year Implementation Plan that provide for the development of these two sites with housing and public uses. The housing activities that the DDA will facilitate are identified in the Housing Compliance Plan section of the Agency's Five-Year Implementation Plan. If the DDA is approved by the Agency and City Council, then staff proposes to subsequently bring forward amendments to the Five-Year Implementation Plan to specifically identify the projects that will be fianded through the DDA. Analysis indicates that the only alternative to adopting the DDA is not to adopt it. This would put the Agency on record as to not desiring to sell the property to the District, and would eliminate the option of the District constructing the Administrative Center within the City of La Quinta. Further, the means to construct improvements to Dune Palms Road would be significantly reduced, and would most likely obligate the Agency to solely flind these improvements in the filture. Finally, 48th Avenue improvements will initiate the first step of developing Agency-owned properties contiguous to this street; 48th Avenue will provide access to these properties, and will reduce the costs associated with affordable housing development. CCJH.003 3 OOO4?8 BIB] 06-23-1999-U01 11:14:28AM-U01 ADMIN-U01 CC-U02 10-U02 17-U02 1995-U02 ing -> 14 The options available to the Council are as follows: 1. Adopt the Council Resolution as proposed; 2. Deny the request. Attachments: Disposition and Development Agreement 2. 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