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2001 12 04 CCCity Council Agendas are • available on the City's web page @www.la-quinta.org City Council Agenda CITY COUNCIL CHAMBERS 78-495 Calle Tampico - La Quinta, California 92253 Regular Meeting Tuesday, December 4, 2001 - 2:00 P.M. Beginning Res. No. 2001-153 Ord. No. 364 I. CALL TO ORDER ROLL CALL: Council Members: Adolph, Henderson, Perkins, Sniff, Mayor Pena II. PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. III. CLOSED SESSION - 1. CONFERENCE WITH CITY'S LEGAL COUNSEL, PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) REGARDING PENDING LITIGATION, CITY OF INDIO V. CITY OF LA QUINTA, RIVERSIDE COUNTY SUPERIOR COURT, INDIO BRANCH, CASE NO. 025560. 2. CONFERENCE WITH CITY'S LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (b) REGARDING THREATENED LITIGATION - ONE MATTER NOTE: Time permitting, the City Council may conduct Closed Session discussions during the dinner recess. Additionally, if the City is considering acquisition of real property, persons identified as negotiating parties do not attend the closed session. City Council Agenda Page 1 December 4, 2001 TOO RECONVENE AT 3:00 P.M. IV. PLEDGE OF ALLEGIANCE V. PUBLIC COMMENT At this time, members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak to come forward at the appropriate time. VI. CONFIRMATION OF AGENDA VII. PRESENTATIONS 1. PRESENTATION TO CAPTAIN DARLA SINGERTON. 2. PRESENTATION TO LIEUTENANT GLENN MARTIN. Vill. WRITTEN CORRESPONDENCE 1. WRITTEN CORRESPONDENCE FROM CVAG REGARDING THE FORMATION OF A SUBCOMMITTEE TO THE ENERGY AND ENVIRONMENT COMMITTEE. IX. APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF NOVEMBER 14, 2001. X. CONSENT CALENDAR Note: Consent Calendar items are considered to be routine in nature and will be approved by one motion unless requested for separate consideration by a member of the City Council or the public. 1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 4, 2001. 2. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 24197-4, MONTICELLO, CENTURY HOMES. 3. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF PARCEL MAP NO 29909, SANTA ROSA PLAZA. City Council Agenda Page 2 December 4, 2001 11 l 0 4. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A PARCEL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 29889, PALM DESERT NATIONAL BANK. 5. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A PARCEL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 29791, LA QUINTA COURT. 6. APPROVAL OF A REQUEST FOR PROPOSALS FOR THE LA QUINTA PARK ART WORK. 7. ACCEPTANCE OF THE PAINTED COVE ART PIECE AS DONATED BY MINISTRELLI CONSTRUCTION. 8. ACCEPTANCE OF GRANT OF EASEMENTS FOR STREET RIGHT OF WAY, AND OFFERS OF DEDICATION FOR LANDSCAPING AND FLOOD RETENTION EASEMENTS ASSOCIATED WITH PARCEL MAP 23669 AND TRACT MAP 23971-1 (LA QUINTA DEL ORO AND LA QUINTA HIGHLANDS). 9. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH WLC ARCHITECTS FOR DESIGN OF THIRD FIRE STATION, PROJECT NO. 2001-14. 10. DENIAL OF CLAIM FOR DAMAGES FILED BY ALLEN FREDERICKSON -DATE OF LOSS: SEPTEMBER 18, 2001. 11. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE ACCOUNTING MANAGER TO ATTEND THE 2002 CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS (CSMFO) ANNUAL CONFERENCE IN SAN DIEGO, CALIFORNIA, FEBRUARY 20-22, 2002. 12. ADOPTION OF A RESOLUTION ACCEPTING A CASH DONATION FROM RUTAN AND TUCKER FOR THE EMPLOYEE RECOGNITION BANQUET. 13. ADOPTION OF A RESOLUTION ACCEPTING A ROUND OF GOLF FOR FOUR INDIVIDUALS FROM NICKERSON AND ASSOCIATES FOR THE EMPLOYEE RECOGNITION BANQUET. 14. ADOPTION OF A RESOLUTION ACCEPTING A CASH DONATION FROM RSG FOR THE EMPLOYEE RECOGNITION BANQUET. XI BUSINESS SESSION 1 . CONSIDERATION OF CITY COUNCIL REORGANIZATION, SELECTION OF MAYOR PRO TEM TO SERVE A TERM AS PROVIDED BY RESOLUTION NO. 98-109. A. MINUTE ORDER ACTION 2. CONSIDERATION TO AUTHORIZE STAFF TO RECEIVE BIDS FOR THE MONTERO ESTATES SOUND WALL, PROJECT NO. 2000-12. A. MINUTE ORDER ACTION 3. CONSIDERATION OF THE PATRIOTIC BANNER PROGRAM FOR LA QUINTA VILLAGE. A. MINUTE ORDER ACTION 003 City Council Agenda Page 3 December 4, 2001 4. CONSIDERATION OF ENTERING INTO A PURCHASE AGREEMENT WITH FAMILY HERITAGE CHURCH FOR APPROXIMATELY 1.6 ACRES OF LAND FOR THE PURPOSE OF CONSTRUCTING THE CITY'S THIRD FIRE STATION. A. MINUTE ORDER ACTION 5. CONSIDERATION OF A FUNDING REQUEST FROM THE BOB HOPE CHRYSLER CLASSIC. A. MINUTE ORDER ACTION XII. STUDY SESSION - none XIII. REPORTS AND INFORMATIONAL ITEMS 1. CVAG COMMITTEE REPORTS 2. CHAMBER OF COMMERCE WORKSHOP/INFORMATION COMMITTEE (PENA) 3. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 4. C.V. MOUNTAINS CONSERVANCY (SNIFF) 5. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON) 6. DESERT SANDS UNIFIED SCHOOL DISTRICT AD HOC COMMITTEE (HENDERSON/ADOLPH) 7. LA QUINTA FRIENDS OF THE LIBRARY 8. LEAGUE OF CALIFORNIA CITIES COMMITTEE (HENDERSON) 9. MUSEUM EXPANSION COMMITTEE (ADOLPH/SNIFF) 10. PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY (HENDERSON) 11. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE (HENDERSON) 12. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION 13. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE 14. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 15. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) 16. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) 17. CULTURAL ARTS COMMISSION MEETING MINUTES OF NOVEMBER 1, 2001 XIV. DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY 5. COMMUNITY DEVELOPMENT 6. COMMUNITY SERVICES 7. FINANCE DIRECTOR 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER A. MONTHLY REPORT FOR OCTOBER, 2001 9. POLICE CHIEF 10. FIRE CHIEF 004 City Council Agenda Page 4 December 4, 2001 XV. MAYOR AND COUNCIL MEMBERS' ITEMS - None RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. XVI. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak form and limit your comments to three (3) minutes. Please watch the timing device on the podium. XVII. PRESENTATIONS - None XVIII. PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. 1. (Continued) PUBLIC HEARING TO CERTIFY ENVIRONMENTAL ASSESSMENT 2001-438, AND REVIEW OF THE DEVELOPMENT OF AN 18.07-ACRE COMMUNITY PARK SITE WITH VARIOUS SIZE LIGHTED SOCCER FIELDS, TWO LIGHTED BASEBALL FIELDS, CONCESSION STAND, RESTROOMS, TOT LOT, SKATE PARK, PICNIC AREAS WITH BARBEQUES, AND SHADE STRUCTURES. A. RESOLUTION ACTION A REQUEST TO CONTINUE THIS PUBLIC HEARING HAS BEEN SUBMITTED. XIX. ADJOURNMENT - Adjourn to a Special Joint Public Hearing of the City Council and Planning Commission to be held at 6:00 p.m. in the City Council Chambers on December 5, 2001. Adjourn to the regularly scheduled City Council Meeting, commencing with closed session at 2:00 P.M. and open session at 3:00 p.m., December 18, 2001, in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. 00.5 City Council Agenda Page 5 December 4, 2001 DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of December 4, 2001, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Stater Bros. 78-630 Highway 111, on Friday November 30, 2001. DATED: November 30, 2001 E . GREEK, CIVIC City Clerk, City of La Quinta, California PUBLIC NOTICES The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, 24-hours in advance of the meeting and accommodations will be made If special electronic equipment is needed to make presentations to the City Council, arrangements should be made in advance by contacting the City Clerk's Office at 777-7025. A one (1) week notice is required. If background material is to be presented to the City Council, during a City Council Meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk. It is requested that this take place prior to the beginning of the 3:00 p.m session or the 7:00 p.m session for distribution. 006 City Council Agenda Page 6 December 4, 2001 CVAGWRITTEN CORRESPONDENCE ITEM: / . COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Blythe - Cathedral City • Coachella - Desert Hot Springs • Indian Wells - Indio - La Quinta - Palm Desert - Palm Springs - Rancho Mirage County of Riverside - Agua Caliente Band of Cahuilla Indians - Cabazon Band of Mission Indians Torres Martinez Desert Cahuilla Indians November 16, 2001 Mayor John Pena City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Mayor Pena: The County of Riverside has requested that the CVAG Energy and Environment Committee form a subcommittee to screen proposals for the Edom Hill Landfill Replacement Facility. If your jurisdiction would like to be represented on this subcommittee, please send me the name of the City Council or staff member you wish to appoint by November 30, 2001. Responses to the RFP are due December 10, 2001, and the County expects to begin subcommittee meetings during the first week of January 2002. Please do not hesitate to contact me if you have any questions. Sincerely, Jim'Sullivan (..Director of Environmental Services Enclosure 007 73-710 Fred Waring Drive, Suite 200 9 Palm Desert, CA 92260 * (760) 346-1127 - FAX (760) 340-5949 COUNCIL/RDA MEETING DATE: DECEMBER 4, 2001 ITEM TITLE: Demand Register Dated December 4, 2001 RECOMMENDATION: Approve Demand Register Dated December 4, 2001 BACKGROUND: Prepaid Warrants: AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 47429 - 474421 65490.07 47443 - 474491 5,701.22 47450 - 474611 331,589.05 Wire Transfers} 18,713.48 P/R 7880 - 79451 1035377.30 P/R Tax Transfers} 28,414.96 CITY DEMANDS $9555036.47 Payable Warrants: 47462 - 475611 5155244.68 RDA DEMANDS 545494.29 $150095530.76 $150095530.76 FISCAL IMPLICATIONS: Demand of Cash - City $955,036.47 Falconer, Finance Director CITY OF LA QUINTA BANK TRANSACTIONS 11/16/01 - 11/28/01 11/21/01 WIRE TRANSFER - DEFERRED COMP $5,165.80 11/21/01 WIRE TRANSFER - PERS $9,289.68 11/21/01 WIRE TRANSFER - CREDIT UNION $4,258.00 TOTAL WIRE TRANSFERS OUT $18,713.48 009 002 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 08:56AM 11/28/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 47462 11/28/01 &01586 CAROLYN ANDERSON 50.00 47463 11/28/01 &01587 CENTURY CAST PRODUCTS 50.00 47464 11/28/01 &01588 CLOSETS BY DESIGN 55.00 47465 11/28/01 &01589 ROSEMARY GEORGE 25.00 47466 11/28/01 &01590 YETTA HARRIS 50.00 47467 11/28/01 &01591 BEVERLY HARTNETT 35.00 47468 11/28/01 &01592 MARIE HERON 27.00 47469 11/28/01 &01593 JEAN HOGREFE 25.00 47470 11/28/01 &01594 SCOTT MARINE 55.00 47471 11/28/01 &01595 PACIFIC TRADES CONST 47.00 47472 11/28/01 &01596 MADONNA PLESCIA 18.00 47473 11/28/01 &01597 SANDRA THARP 25.00 47474 11/28/01 &01598 PHYLLIS MAJOR 25.00 47475 11/28/01 ADT100 ADT SECURITY SVC INC 330.32 47476 11/28/01 AUT030 AUTOMATED TELECOM 128.99 47477 11/28/01 AVA100 AVAYA INC 1239.80 47478 11/28/01 BER150 BERRYMAN & HENIGAR INC 11588.00 47479 11/28/01 BI0100 BIO TOX 16.70 47480 11/28/01 BRI100 BRINKS INC 306.00 47481 11/28/01 CAD010 CADET UNIFORM SUPPLY 433.76 47482 11/28/01 CAP050 ROSMARY CAPUTO 168.00 47483 11/28/01 CAR300 CARQUEST 5.50 47484 11/28/01 CAT040 CATERING BY SHARON 4016.25 47485 11/28/01 CBS100 CBS TECHNOLOGIES LLC 168.50 47486 11/28/01 CLA050 CLASSIC AUTO TRANSPORT 50.00 47487 11/28/01 COA071 COACHELLA VALLEY PRINTING 364.67 47488 11/28/01 COR150 CORPORATE EXPRESS 315.36 47489 11/28/01 COS050 COSTCO BUSINESS DELIVERY 895.68 47490 11/28/01 DAT100 DATELAND CONST CO INC 3180.00 47491 11/28/01 DES018 DESERT ELECTRIC SUPPLY 456.90 47492 11/28/01 DES019 DESERT FIRE EXTINGUISHER 115.00 47493 11/28/01 DESO40 DESERT JANITOR SERVICE 4378.50 47494 11/28/01 DES060 DESERT SUN PUBLISHING CO 3193.40 47495 11/28/01 DES065 DESERT TEMPS INC 5057.62 47496 11/28/01 DIA025 DIALOGIC COMMUNICATIONS 38000.00 47497 11/28/01 DOU010 DOUBLE PRINTS 1 HR PHOTO 6.70 47498 11/28/01 DOU200 LES DOUGLAS 108.50 47499 11/28/01 DUN100 DUNCAN PRINTING 62.64 47500 11/28/01 EQUO10 DALE EQUITZ 25.00 47501 11/28/01 EXP200 EXPRESS DETAIL 815.00 47502 11/28/01 FIR015 FIRST AMERICAN REAL 140.74 47503 11/28/01 FIR017 FIRST CHOICE SERVICES 508.76 47504 11/28/01 FLO100 KRISTINE FLOWERS 150.00 47505 11/28/01 FRI060 FRIENDS OF THE LA QUINTA 4000.00 47506 11/28/01 GER050 GERALDINES COSTUMES 107.75 47507 11/28/01 GRA010 GRANITE CONSTRUCTION CO 64636.75 47508 11/28/01 GUY100 GUYS & GALS UNIFORMS 273.08 ono 003 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 08:56AM 11/28/01 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK NUMBER CHECK DATE VENDOR NO. NAME. PAYMENT AMOUNT 47509 11/28/01 HAR030 TOM HARTUNG 58.25 47510 11/28/01 HEG050 HEGGE ELECTRICAL 1561.00 47511 11/28/01 HIG010 HIGH TECH IRRIGATION INC 917.68 47512 11/28/01 HIL150 HILTON FARNKOPF & 2945.00 47513 11/28/01 HOA010 HUGH HOARD INC 81.90 47514 11/28/01 HOM030 HOME DEPOT 356.20 47515 11/28/01 H00050 FAYE HOOPER 75.00 47516 11/28/01 IND030 INDIO SHOE STORE INC 292.09 47517 11/28/01 JAS100 JAS PACIFIC 9168.72 47518 11/28/01_ JIF100 JIFFY LUBE/AFMS 30.19 47519 11/28/01 JPRO10 JP REPROGRAPHICS 2385.55 47520 11/28/01 JUD010 JUDICIAL DATA SYSTEMS COR 201.39 47521 11/28/01 KIN100 KINER/GOODSELL ADVERTISNG 4960.00 47522 11/28/01 KRI100 BRUCE KRIBBS CONSTRUCTION 1950.00 47523 11/28/01 LAQ008 LA QUINTA ARTS ASSOC 300.00 47524 11/28/01 LAQ076 LA QUINTA HS CHEERLEADERS 2500.00 47525 11/28/01 LAQ077 LA QUINTA HS JUNIOR ROTC 1500.00 47526 11/28/01 LAW100 LAW ENFORCEMENT TRAINING 900.00 47527 11/28/01 LIN050 JAMES LINDSEY 107.25 47528 11/28/01 L00010 LOCK SHOP INC 293.48 47529 11/28/01 MEE100 WAYNE MEEDS 352.00 47530 11/28/01 MUN010 MUNI FINANCIAL SERV INC 1250.00 47531 11/28/01 NAW010 RON NAWROCKI 1200.00 47532 11/28/01 NIC101 NICKERSON & ASSOC INC 7396.50 47533 11/28/01 OFF005 OFFICE DEPOT INC 180.39 47534 11/28/01 OWE020 OWEN & BRADLEY 89.78 47535 11/28/01 PET200 P F PETTIBONE & CO 886.95 47536 11/28/01 PIC100 PICKENS FUEL CORP 29.34 47537 11/28/01 RAL050 RALPHS GROCERY CO 55.06 47538 11/28/01 RES005 RESERVE ACCOUNT 4000.00 47539 11/28/01 RIV007 RIVERSIDE COMMUNITY 16.50 47540 11/28/01 RIV100 RIVERSIDE COUNTY SHERIFFS 254776.27 47541 11/28/01 RIV101 RIV COUNTY SHERIFF/INDIO 2891.26 47542 11/28/01 ROS010 ROSENOW SPEVACEK GROUP 40150.79 47543 11/28/01 SAX100 SAXON ENGINEERING SERVICE 2940.00 47544 11/28/01 SIM040 SIMPLER LIFE EMERGENCY 308.43 47545 11/28/01 SOU007 SOUTHWEST NETWORKS, INC 701.25 47546 11/28/01 STA045 STAN'S AUTO TECH 456.70 47547 11/28/01 STS100 LEONARD ST SAUVER 226.20 47548 11/28/01 TOP010 TOPS'N BARRICADES INC 2971.10 47549 11/28/01 TRI100 TRI STATE LAND SURVEYORS 3880.00 47550 11/28/01 TRU010 TRULY NOLEN INC 162.00 47551 11/28/01 USG050 U S GOVERNMENT PRINTING 11.00 47552 11/28/01 USP010 U S POSTMASTER 1140.00 47553 11/28/01 VIL025 VILLAGE COUNSELING 240.00 47554 11/28/01 VON010 VON'S C/O SAFEWAY INC 19.16 47555 11/28/01 WAL010 WAL MART STORES INC 7.15 47556 11/28/01 WAL050 WALL STREET JOURNAL 209.63 47557 11/28/01 WAR060 WARNER ENGINEERING 5904.00 Oil 004 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 08:56AM 11/28/01 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK NUMBER DATE 47558 11/28/01 47559 11/28/01 47560 11/28/01 47561 11/28/01 VENDOR PAYMENT NO. NAME AMOUNT WOR100 WORLDCOM 1405.00 XER010 XEROX CORPORATION 1891.07 YOU100 YOUNG ENGINEERING SERVICE 2835.00 ZUR050 ZUMAR INDUSTRIES ING 347.58 CHECK TOTAL 515,244.68 Olf 005 z r OD Ql O N r-1 r-I H 0: 0 H z r-1 O OD N k.0 W H N N N CV N N N N N N N N CD Q ri r-1 -A r-+ H ri -a r-1 r-i r-i m H F H F H H F F+ E-F H H H aD N •• O O O O O O O O O O O O CO H O O O O O O O O 0 O O O o z H w z o o m O Ul Ln U) N Ln M N N Ln c r-1 N �+ O a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O cz 0 rz U� Lr) o r U� �n 134 r CD >+ Ln w Lr) G] U) N Ln M N N Ln LL Q Q > > W O O O l > H U) O U) a U U W W 0 H H x a a r>r O H O H O O cFn a co a UU i a a a a a U a a W a a U < < w < w < Q < co < a < < a < FC a 2 O H z H z H CO H to H U) H a H < H U) H H U) H < O U O H O �-+ O U) 0 U) O U) 0 O O U) O CD O U) 0 W H H co H M H < H < H < H U H U H < H 0 H < H U U H O 0 0 a a a x x a a a x H a co a coo; m a U z U oc um w a w cz U cz m a U cz W O H 0 O 0 O 0 O O O O O O > fz 0 0 0 0 0 0 0 0 O 0 0 0 O 0 0 O 0 0 0 0 0 z U z z z z z z z z z z z z z z z z z z z z z z z H U) O W O w 0 W O W O w 0 w O W O W O W O W O w O w 114 > 44 > Lu > U. > Cu > 41 > Ga > 4u > Cu > Cc, > Cu > Ll, 0 W W W W W W W W W W W W cn W w x a a a a x rz rz a a a x U w H 0 (z 0 W > I > m 'V' M H O OD C' OD z z x m M O m C' ri c1' Nl OD H L] H O H O l0 ri N N N r-1 H z M l.0 07 M M M M M M M 0 H x O Ln r1 ri .-i .-+ -+ ri < z CL4 < m w m rz 1 0 0 w F cz O o 0 0 0 0 v 0 0 o v W U') 0 0 0 0 0 0 Lr) o 0 0 m x a O o 0 0 0 o a o 0 o c 2 r �o �o o DD r m r r rn OD r z M H r i M M cM M M M v M fM F a• C• V' z. 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O H O W O O > O O O O < O L4 O a 0 w 0 O H O -4 > z 0 C7 0 O 0 0 U) 0 U U Ca U 0 u 0 < 0 H 0 (f) 0 % 0 -1 Z U Z < Z Lr) In Z Z Z "Z < Z > Z a z O Z U Z -+ H U) W W W w x W F F W a w F W w W a w F w U) w w > a > w w > U > cn (n > a > (n > > a > O > Da > >4 0 H >> w W W a O < O x 0 3 U) << F a s a a W U) a co x W w U W tD c H 0 O D: w O O N O N O cr o N > I > W co OD O O 0l 0) In z zn: Ln Ln M r m H 0 H 2:) (`') M N lD lD H Ln N a' H z -ITC' U-) \D lD OD OD 1-1 H 0 m m Cl) 0 0 rn r o M H x < z a Q a W cn a I O O w F x O M o CD r r rn O o 0 0 0 N W O Ln O O M M rI O O O O O M [Q O Ln Ln O lD lD OD O O O O O 11n 'J" H Ol O 41 Ol Ol M U-) M M M r-I In z c 0 r-I O o 0 0 0 0 0 Ln o F z lD OD m OD N r to ,--+ C' N N H Ln a Ln OD m OD o Ln Ln In 0 0 0 In r1 O Q N M M N r-1 N N H r U U H H r-1 H r-1 H H H r-I r-I r i ri r-I < 0 0 0 O O o O 0 0 0 0 0 0 H Q' Q' Q' U) D: C� O z U U >+ I-+ U H H > z U a M z Z O p; U) In D z z } H z z 0 W w W U) a I-i (� cz H In > 0 0 U U a 3 U) D w a a Q 0 z z F D: w w w O w < cn W U CZ F r� 0 z z z F O O u < cn x > O+ FZ r - - U) a< 0 0 a s H U) (n a Z a a a a 0 w O O a a D: H O a> rr U) Z a H F H F F 0 0 > > 3 3 3 Z O > 0 0 0 0 0 0 0 O Ln O O 0 0 Z O r-4 r-I 0 r-I r-1 Ln H N .� r-1 Ln iD � ) 4 O >a r-1 0 0 H 0 0 CD CD CD CD 0 0 CD0 U H U) a s H a z CD a a z a a a F/d U H F O O a z a cn U) H O rt FC r> r.> U U) F F F F F O > > 3 3 3 016 Z H N M V' Un Q N N N N N cx O h z O w N N N N w ao E� E-+ F~ E• E• OD N O M o O OD E-+ O O Z E- w z N o7 u� r x : O M Ln M v >-+ 0 a W N 00 M < •--i N a rC o O r O ao O O O O Lr) �r Ln -+ Ln r 0 o rn M c Ol 'cr co co M in •--i H N U) a a F-i < > < < w U' 0 0 0 > 0 cwn 0 0 < a+ H �4 E- E- H co a nn Q H o > a o z a a o z U z !Z z W w z z W z H U) w w w H H W z w as W wn D z 0 0 a U) H U U a U) w W H n cx N •--+ rn O W Ln . M IH w > I > co •-+ r rn m z z x M r N N a F-1 n H N .-1 co I •-+ H 2 w 0o r .--i N n r o ff 0 v H x < z a < w w m a I 0 o w E-+ R! (� O c N W O O O Cq O lD CO � Ql Ql M z O O O H z N M m O O Ln U') O ul) -+ H U U N r+ r>r O O O U') H H E O U O a a O 3 0 0 a 0 3 0 0 H H a rx 0 0 a a z z 0 O U U x x O O a x w w x x O O 0 0 a x w w x x r to O un (`') H O W U H > a: w U) U z H a W w z 1- i CD z W 0 z 0 0 0 0 H z O r �r O M O r Ln Q' O H I. a a W W O E4 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 1:36PM 11/26/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 47450 11/26/01 COA080 COACHELLA VALLEY WATER 15169.97 47451 11/26/01 GRA010 GRANITE CONSTRUCTION CO 295382.23 47452 11/26/01 KRI100 BRUCE KRIBBS CONSTRUCTION 7360.00 47453 11/26/01 LAQ050 LA QUINTA CITY EMPLOYEES 403.00 47454 11/26/01 LEA020 LEAGUE OF CALIF CITIES 375.00 47455 11/26/01 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 47456 11/26/01 ROT100 ROTO ROOTER 10678.50 47457 11/26/01 SPRO10 SPRINT 752.32 47458 11/26/01 STUO10 WILLIAM STUBBLEFIELD 563.50 47459 11/26/01 SUP100 SUPPORT PAYMENT CLEARING- 150.00 47460 11/26/01 UNIO05 UNITED WAY OF THE DESERT 164.00 47461 11/26/01 VER200 VERIZON 164.03 CHECK TOTAL 331,589.05 025 z M C In .- l0 N r co 01 O -4 Qr-i ri r-I r-1 N N a O H z Iq O N r♦ C7 C7 O C7 U' U CD 0 C7 C7 C7 rn C7 rn C7 C7 C7 U 0 e--I [4 U H E E E E E E E E ME E rn E E E ME ,-4 (7 Q WWWWWWWW w w W a) W rn W W W W W E < W H H H H H H H H H H El H H H H H H H H � a .. O O N O CD O Q) OD O O O O O O O � M r i [ m Q r i N M O r i I- �.o Ln O O O Ln Ln O O ri z H 41 z U-) Ln 10 Ln O M lD lD H r O E D M co C' m aD lfl O r- N Ln a >+ O N .-I Ln O N M M v in O O l- a M r-i ,� c r <r M M a m ri I� M o 0 0 0 0 dl N O O O I.n Ln Ol N 0) C� l0 OD l0 O C- N m m OD I- (n M R M > C' in in H a a a o r4 m a a o 0 o ri N I 1 I I 0 0 0 cn U H O O O a z x = = a Q < < Q s a Q a a a a Q z H H H H a E-H �4 H z H U H W w W E-H O O U) m O W O I O O O I O 3 3 3 0 W H H H a H H H H H W W W H U H U U U U U U U U z z >+ H w U) U) U) U U H a > > > > > > > > x 0 0 a (D a a a a >> 0 v, cn cn cn cn cn cn cn O cn cn O z O m O 0 cn O 0 0 0 O En cn a a a 0 H 0 •.A O H 0 0 0 0 0 0 z U a a a a a a a a z W W z H z D z cn z D z E E E z W W H U) W w W W W w w w w Gu a., w x W W H W W w z z W H H H H H H H E-+ > Cc, U4 > > a> C7 > a> 3 3 3> O O 0 < < < < < < < < W W H w O O O x x U) 3 3 3 3 3 3 3 3 '� '� a a a w a .a a Q a W w U W �T O O m coCC) H 0 a cn cn o cn DD o o r In in O W O M O =) c M M v O O O .-i .--I > I > ai O O O O r-1 �D 110 '"i Q' M M M N N z z E H H H I- 4 O O O O In r'q '-1 1-4 r- r- H Ll H O a s a a \D I- I` l0 U O O O M M H z FC FC < O O O O co co O O O v c• > > > > l0 M lD lD r-i ri a N N N co co H x � z a r.0 m w m a 1 O O w H a O N M to N N N N M O O O O O O O O O M W O m I'D lD M m r'1 M Ln O O O O O O O O O Ln 0.1 O lD lD lD lD lD w l0 Ln Ln O O O O O O O O in -i r-i r-i m O M M r- r-i O O O in m z m M M M M M M M O .-i O cV M N I- I` I` M O l0 l0 �0 l0 l0 l0 l0 l0 l0 lD l0 CV lD N l0 l0 l0 l0 w H z M C' C• C' c' v' v v oD m v' O .-+ O M M M M M a Ln to u-) Ln in un Ln Ln CO OD Ln O O O O O O Ln I- 0 d• V• Q' c• C IT V, -zr l0 l0 C O N O m m m ri l0 Ur-i '-1 .--I r-I 4 r-1 -1 r-I ri r-1 r-1 .--I r-I .--i Ln Ln L(i .-A r-1 O O O O O O O O O O O O O O c• �r c' O O 1-1 -1 r-i r-i N (N N H C' z 0 0 cn .a O O H W H a a a a a a a a U U H W U) x W W W W W W W W U >+ W U H H H H H H H H z z o O H rt < < < < < < O O w a H H M 3 3 3 3 3 3 3 3 H H H a H a O H H U) E U W o >+ >+ >I >+ >I >+ >+ >+ U U z W 0 Ln W W W W w w w w O a 0 a+ a a a 4 a a a a a a s U >4 H >a r� a ra a a a �l a ,-a H H E-F a H Q a Q Q a<< U) cn U) H a z I > > > > > > > > z z Cn U U U a a a O O AO W H �C FC FC r>r w w H E-+ H a z 4 Fl 4 a r7 �4 a 4 CL H O C] O O O m H a s 14 a a a a a W W x z H 0 0 0 rt w w w w w w w w H H I-+ W U) a a a H H w o o a z z < a U U U U U U U U z z U W 0 0 0 H H a O << Q Q Q< Q Q < D > H H H a s ,a 0 0 0 0 0 0 0 0 0 a a W H 0 0 0 a s U) z U U U U U U U U o u m a a a a Q a U) U) E-4 !. w z 0 D > 0 OD 0 OD 0 N 0 m 0 OD 0 w 0 OD 0 OD O r-+ O H o O o to O N O v' o O 0 O 0 O 0 r-i 0 r-i 0 >+ O o 0 0 0 0 0 0 0 o C) E+ Cl s U H < < < < < Q < < < H a Q E-i E• U H 0 0 0 0 0 0 0 0 a s a Q w H 0 0 0 a s Q U U U U U U U U U CDO x a a a a a a U) U) 026 019 N M C M V' Ln . N N N N O F z 0 \ N \ N x C7 r.0 W rn rn W W Cz7 a 00 H H H F HE-4 �r u'I •• 0 0 0 r r m H Ln O O M i-I V' .� Z H W Z M O v r r rn x O lD Ln l0 c r M >� O Ln -+ a N O O O fr1 M U) O O O N M a O c v Ln D Ln k I'D r I � 3 x Cl) o z H w a a a s H a Q a H H u H H H z M 0 0 0 1 0 1 0 w 0 z U H O s4 >4 U U 0 H (14 p; F ai 4--) a 11 a > > " a' O H O U O w O coo cn H O > z O a O •-1 0 •H O O Z U Z z z 0 z o z W W C7 Z H m W H W W W Z Z H W w > cn > z > Ix > O 0 rz > o z \ \ x x x U) H a a a s H w w U W H L1 fx C' OD N O w tlo m u') > I > CQ to i N z z x rn rn H H =) L(') .7 [� �+ Z r I'o r o r Ln r x a a aq w ao a I 0 0 w E-H fx N O O O O N W m O O O O M Lf7 O O O O to .7 m Ln Ln Ln -i z O N N M Cl) M N N to l0 to E-H Z M O O M M C O Ln O (D Ln Ln a) O N O O r� O O O O O O H r-I I 0 E4 z Ix H W a Un o � w a W Cl M w a O H U W O r.4 x Ln W H H m W w GO 0 I O >+ a U) a' z D o 0 0 0 0 a 0 a a H a x a cn z 3 cn > > > F w W Z O > O O Ln 0 0 0 a o O o 0 0 0 >+ O O N N N U H O a H Lx Ix Ix > > Ln O rn O L!n M M a F O H F z w w 027 020 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:29AM 11/20/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 47443 11/20/01 &01585 ARTHUR CHARDON 1400.00 47444 11/20/01 CIR010 CIRO'S RESTORANTE 486.00 47445 11/20/01 COA065 COACHELLA VALLEY PARTY 210.50 47446 11/20/01 COA080 COACHELLA VALLEY WATER 1572.84 47447 11/20/01 SED101 SEDONA HOMES, INC 1500.00 47448 11/20/01 VER200 VERIZON 462.88 47449 11/20/01 VER210 VERIZON INTERNET SOLUTION 69.00 CHECK TOTAL 5,701.22 028 021 z -4 N m V' Ln 110 r m 1T O H N M Ln lD r m () O r1 r A -4 r1 rl ri -4 -4r-i + N O H z 0 \ 0 N \ r-i x r1 U C7 U U 0 0 C7 C7 C7 CD 0 C7 U W H i E EMEXXXXXXX E E E E E E E C� FC W W W W W w W w W W W w W W W W W W W W a Oa H H H H H H H H H H H H Hp H H H H E- H Q r1 O O 0 00 �' 0 co I'D �D C' lD co C' 0 lD lD lD r M O N H O O Ln 00 N r-1 m Ln r M o N \D O 1 r1 .-1 O M O N o z H . w z O 1D O N oo o O N N N Ln O -i o r r r r cT r� O O 00 r1 lD IH N Ln O O N N to O r l- r r Ln tD O� >+ O U-) r1 r < x r r1 a r.! 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NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 47429 11/15/01 ATT075 AT&T WIRELESS SERVICES 165.95 47430 11/15/01 BIA013 BIA - DESERT CHAPTER 50.00 47431 11/15/01 COA005 CITY OF COACHELLA 25.00 47432 11/15/01 ELRO10 EL RANCHITO 256.18 47433 11/15/01 HEN050 TERRY HENDERSON 412.19 47434 11/15/01 IMPO10 IMPERIAL IRRIGATION DIST 5.14 47435 11/15/01 PAL003 PALM DESERT CHAMBER OF 650.00 47436 11/15/01 PET005 CASH/PETTY CASH 191.25 47437 11/15/01 PIZ050 PIZZA HUT 108.00 47438 11/15/01 SOU010 SOUTHERN CALIF GAS CO 382.67 47439 11/15/01 SPRO10 SPRINT 59.24 47440 11/15/01 STE009 HEINZ H STEINMANN 3600.00 47441 11/15/01 VER200 VERIZON 519.45 47442 11/15/01 WEI050 MARK WEISS 65.00 CHECK TOTAL 6,490.07 03() 023 z .-4 N m C' to lD 00 m O r-i N M c N \D r m m O Q r-i r-1 .-1 H r-1 N cz O H z H 0 H U C7 U U (7 U U r.> W W W W W W w w W W 41 W W 14 W W W G) W E < m H H H H H H H H H H H H H H H H H H H a a 1.0 .. 00 r O O O OD m o v O O O O Ln O O O O O N H o r r-1 O O r1 O Ln O o r-1 lD O O O O z H w z N r lD O O c CD L� N E O (Y) r Lr) 1n (N 1n r lD U-) N -4 N --1 Un M O >1 O N N N � I a F:C Un o o OD rn o Un Cn O O r-i .--1 r-i O (V 1n O Ln lD N 1n U) O r+ lD 1n N Ln ,-1 Z Ln m r-1 N c O a C7 z U U U �+ x m U) U w a s z m m m m m m m m x W x x O E E E E E E E U w w w a a a . a w w a a .a 1a h1 H F-1 H H H H Fi �l z z z z< Q Q Q < < W W w W W W W W < z z OOOH H E-F r-� H .4 ra E-H U H z H D: z z z z a CL z H a O x x x 0 O O H O W W O > O O O O W H a a a H H H U H >> H U) H I-+ H x x x x x x x x H LL U E-H z < Q H m v) m v) H H a LL' G.'. 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PAID NUMBER NAME DESCRIPTION 47365 DEF 11/14/01 375.00 LEA020 LEAGUE OF CALIF CITIES REGISTRATION/CITY CLRKS SEMINP TOTAL VOIDED 375.00 QUM Ira AGENDA CATEGORY: COUNCILIRDA MEETING DATE: December 4, 2001 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map 24197-4, Monticello, Century Homes BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map 24197-4, Monticello, Century Homes. None. None. Tract Map 24197-4 is located west of Jefferson Avenue, south of Fred Waring Drive and north of Miles Avenue. This is a subdivision of a portion of the east half of the northeast quarter of Section 20, Township 5 South, Range 7 East, San Bernardino Meridian, (Attachment 1). It consists of fifty four (54) numbered lots and eight (8) lettered lots, containing 14.259 Acres more or less, (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of November 21, 2001, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (January 3, 2002), of a technically correct Final Map suitable for recording by the County Recorder with all TAPWDEPT\C0UNCIL\2001 \011204a.wpd required signatures except for the City Clerk. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map 24197-4, Monticello, Century Homes; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map 24197-4, Monticello, Century Homes; or 3. Provide staff with alternative direction. Respectfully submitted, Steven D . wee Interim Public V Attachments: ks Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement O�Jw 03'a TAPWDEPT\C0UNCIL\2001 \01 1204a.wpd RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP 24197-4, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map 24197-4, is conditionally approved provided the subdivider submits all required items on or before January 3, 2002. 03u 063) Resolution No. 2001- Tract Map 24197-4 Adopted: December 3, 2001 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. C. Has submitted security in the amount indicated in the Subdivision Improvement Agreement. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on January 3, 2002. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of December, 2001, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 037 004 Resolution No. 2001- Tract Map 24197-4 Adopted: December 3, 2001 Page 3 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California 033 �0� ATTACHMENT 1 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NOw 049 107-4 V1c1rj11'Y mAkp NOT TO SCALE COUNTRY CLUB DR. HOVLEY LN. E. z O z cn FRED MILES PALM DESERT lN�_T� rF r4 42ND AVE. � WARING GR.M. PROJECT !uj AVE. SITE cn 0- INDIO (n w —# WESTWARD HO w DRIVE a � HWY ill 033 f ! ' J, ATTACHMENT 2 V) W :N o <ON a m & < < O II O'<4W 6 W d;a. a. x5ui rco 8 o goi�5< s 1� Iz i ��_ $ `W�i'�i$o iaoNNi��s' Wp 4L N 1� < F> « W� C. 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OW � 00 1 � qi a+W � ^1 "( Ear Qi1J � Q U OOV E. 6 qi �`, i�.Q. a �o yco ko oaoar s_Ow � 1��HS �r_,��5 M J pO0 W" C) q o V) r n U W Z a aC a (A Q IJ m ZZ3 Z O (a 0 Q L- = � q♦ aY -0 Y 1 bN q �p Or'I m q ^,NP m a 0 ♦ qq 0 a ♦ g b p�m N N Nnp, .paad n p �Ld�p t^ r'11rLN I:mNrp"^^ ♦ NryN ,uum,Li ry ^ ry LtiO n m a A. n q �j J L^ �♦ ry"q n 1. q O �^ a+"" q .. N♦ ♦ NOoi ry m p n_ ry N__ f♦ Oi iOP ry m♦ N N n"n n N m n O n♦^ n Y♦ n 0 ♦ n" D N al�nn n p N ♦ q n^ 0^ J m CN yLNi7 qq,� n..OgY qn ryN ♦ OnNq,pOqubClOmgoo ♦b ogoo0 �♦nn IA pp^ 00000005000000099, pQNWI* Ip Q9009oonoo,igrirrieigcLiddg K nn rvn nnn^^♦♦♦♦♦^nnnn^ u uuuuuuuuuuuuu uuuuuuu N O Z N ti W W N _ZO z Z W Q Om LL NO t- N W "• H tnm Oil Z wZ ATTACEVIENT 3 CITY OF LA QUINfA SUBDIVISION IMPROVEMENT AGREEMENT Tract 24197-4 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement') is made and entered into this 15th day of November , 2001 , by and between Monticello, LLC, a California Limited Liability Company hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map') of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 24197-4 (the "Tract') pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements'). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements', and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 044 n TAMDEMAgreements - SIA124197-4mopd 1 �. Page 1 of 6 ATTACEMMNT 3 2) Surety bonds, of the form specified in subsection 66499.2 of the Califomia Govemment Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial. institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administers TAPMEPT\Agreements - SIA\24197-4.wpd 013 Page 2 of 6 ATTACHMENT 3 the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdividers Surety for payment of said cash and Subdividers Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form t?► 014 T:\PWDPT' EWpreements - SIA124197-4.wpd Pape 3 of 6 ATTACI ENT 3 acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the, conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdividers obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdividers obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdividers control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdividers engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 047 TAPWDEPT\Agreements - SIA\241 g7-4.wpd 015, Page 4 of 6 ATTACI ENT 3 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. OIR TAMDEMAgreements - SIA\24197-4.wpd Page 6of6 ATTACIMEENT 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: By: tl Title: Gary Weintraub, Vice President By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Monticello LLC, A California Limited Liability Co. By: Century Crowell Communities, LP, A Califomia Limited Partnership, ITS: Managing Member, By: Century Homes Communities a California Corporation, ITS: General partner 1535 So. "D" Street, Suite 200 San Bernardino, CA 92408 (909)381-6007 November 15, 2001 Date Date Date Date 040 0117 T:\PWDEFRAgreements - SIA\24197-4.wpd Page 6 of 6 ATTACHMENT 3 Exhibit A SECURITY - TRACT 24197-4 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or part by the City Engineer, at any time after construction plans are complete and the scope and nature of improvements are fully known. These releases shall be separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Perimeter Wall, Off Site $25,500 $25,500 Perimeter Improvements, Off site 9,630 9,630 Grading, On Site 171,650 171,650 Streets, On Site 177,700 177,700 Domestic Water, On Site 98,300 98,300 Sanitary Sewer, On Site 43,000 431000 Dry Utilities, On Site 97,200 97,200 Monumentation 10.000 0 Construction Subtotal: $632,980 $622,980 Engineering & Plans (20% of Construction) 126,600 $759,580 No -Plans Contingency (35% of Project) 265,850 Total: $1,025,430 ! 018 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) )Ss. COUNTY OF SAN BERNARDIAK) ) On this 15th day of November, 2001 before me, Doris A. Benoit, Notary Public, personally appeared Gary Weintraub, personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. this area for official Notarial seal W ITN ESS my hand and official seal.. . / 010( AA) r'l ):ill_"-'�.X_ Signature of Notary Public lAem. DORIS A BENOrT Commission # 1310"1 NotaryPublic - Garb,i %ff is San Bernardino County My Comm Expires Am 24, M SUBDIVISION IMPROVEMENT AGREEMENT TRACT 24197-4 CITY OF LA QUINTA 6 PAGES DATED November 15, 2001 NOTICE OF SPECIAL IVIEETING OF THE BOARD OF DIRECTORS OF CENTURY HONIES CONT MIUNITIES, A CALIFORNIA CORPORATION ')n February 2, 2001, at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was ueld at the Corporation's office at 1535 So. "D" Street, San Bernardino, California: SIGNING AUTHORIZATION: RATIFICATION OF PRIOR ACTS NVBEREAS, the Corporation is the general partner of Century Crowell Communities, L.P., a California limited partnership ("Century Crowell'; WHEREAS, Century Crowell was formed for the purpose of acquiring land and developing same with single family homes; WHEREAS, the Corporation has determined that it is in the best interests of Century Crowell that ownership in each Century Crowell project ("Project') be vested in a limited liability company or limited partnership ('Project Entity'; WBEREAS, primary responsibility for management of the Projects has been delegated to the corporation's Project Managers, who are Kenny Felkel, Marty Butler, Rod Grinberg and Dave Cooper. RESOLVED, that in connection with the development of any Project, any Project Manager (or Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, and as general contractor to- the Projects, any and all documents in connection with plan checks, permits, entitlements, and all other documents relating to city, county, water district and other governmental agency actions respecting the Projects. RESOLVED, that in connection -with the development of any Project, either Gary Weintraub, as lice President, or David J. Miller, as Assistant Secretary, signing alone (or, if required, either Gary Weintraub or David J. Miller, together with any Project Director) are authorized to sign on behalf of the Corporation, as General Partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, surety bonds, and all documents relating to same, in connection with the Projects. RESOLVED, that Joyce Montgomery or David J. Miller are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity and as general contractor to the Projects, all documents as required for the issuance of the DRE Public Report for the Projects. RESOLVED, that copies . of these Minutes may be provided to any person or public agency requiring evidence of authorization. ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBY PUT ON NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN THE CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LLABLE FOR ANY DEBTS OR OBLIGATIONS OF THE CORPORATION, CENTURY CROWELL OR ANTY FRfyXECT ENTITY. Al Directors were present and unanimously consented to the above. DATE: February 2, 2001 ATTEST: Ern. st 0. Vincent, Assistant Secretary U,s \x-oxParAo2o2ot.aoo 090 T 0 0 4t4t 4 49MM AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 4, 2001 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 29909, Santa Rosa Plaza BUSINESS SESSION: CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 29909, Santa Rosa Plaza, LLC, a California Limited Liability Company. None. None. Parcel Map 29909 is located east of Eisenhower Drive, south of Calle Norte, west of Washington and north of Calle Tampico. This is a subdivision of a portion of the southwest quarter of the northwest quarter of Section 6, Township 6 South, Range 7 East, San Bernardino Meridian, (Attachment 1). It consists of seven (7) numbered residential lots and three (3) lettered lots, containing 15.246 Acres more or less, (Attachment 2) . The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of November 21, 2001, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (January 3, 2002), of a technically 053 T:\PWDEPT\C0UNCIL\2001 \011204b.wpd correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 29909, Santa Rosa Plaza, LLC, a California Limited Liability Company; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 299091 Santa Rosa Plaza, LLC, a California Limited Liability Company; or 3. Provide staff with alternative direction. Respectfully submitted, Steven D. Speer Interim Public W Attachments: s Director/City Engineer Approved for submission by: l ' Thomas P. Genovese, City Manager 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 054 TAPWDEPT\C0UNCIL\2001 \01 1204b.wpd RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP 29909, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Parcel Map 29909, is conditionally approved provided the subdivider submits all required items on or before January 3, 2002. 053 n 3 Resolution No. 2001- Parcel Map 29909 Adopted: December 4, 2001 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. C. Has submitted security in the amount indicated in the Subdivision Improvement Agreement. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on January 3, 2002. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of December, 2001, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 0 5� 0 ") 4 Resolution No. 2001- Parcel Map 29909 Adopted: December 4, 2001 Page 3 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California 0 5 ATTACHMENT 1 PROJECT SITE NOT TO SCALE 0 5 007, ATTACHMENT 2 so P1 ggg Cow �4 2 4809 Nye N =aC `OV hi 6!Pi Y O (LL� ig so 5. jQS Igo! 6. O y V " . t u aa� W EZy Z M&I �; _ � �� H � o ah MRSw -�� ar Q '_fig slop ,Is 0 < tl W � a Zee e1 4gay o �7 f tab aCENOR � e Q !" 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'pg9- ._....---- 3 6S.6B Ntt _. _.. ... _ ...._ . .... ...- -- - OXcEKV.L 8'TIVO ° � f $ ILA z-l/sCl •a•n•d 'dOtcz - o .11 'N•d aid o�LZ£ 7311 Md"VIS 09 ATTACHNiENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT Parcel Map 29909 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement') is made and entered into this day of , 20 , by and between Santa Rosa Plaza, LLC, a California Limited Liability Company, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "C " riY• RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map') of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel Map No. 29909 (the "Parcel') pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act'). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements'). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements', and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 619 TAPWDEMAgreements - SIA\29909.wpd Page 1 of 6 ATTACHMENT 3 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until .released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property. if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be fumished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 1 0 O11 TAPWDEPTWQroements - SIA%29909.wpd Page 2 of 6 ATTACHMENT 3 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvement.. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City. City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail. return receipt requested. G. Security shall be released in the following manner. 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon . payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt T:V DEP71A9re*nw is - SIA%29909.wpd 0 1 7 WPaps 3 of 6 ATTACHMENT 3 to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities,, -similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, ,;'• and the plans shall be resubmitted to the City Engineer.; i T:V WDEPT1A9rsemsnts - SIA,29909.wpd 013 paps 4 of 6 ATTACHMENT 3 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs. and assigns, and agrees to indemnify, defend and hold City and its officers, employees. agents. representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature wfiatsoever, arising out of or in any way connected with Subdivider's performance herein under. including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail. return receipt requested, to the parties at their respective addresses indicated hereon. -Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions. covenants. and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 06 ) 014 T:V WDEPTVIgreenma - SIAQ9909.wpd Page 5 of 6 ATTACHMENT 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Cleric SUBDIVIDER: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 7601777-7075 Date Santa Rosa Plaza, LLC, a California Limited Liability Company, By: Daniel Brown, Trustee of the Fleetwood Salley Trust, Managing Member, By: Bridget Myers, Trustee of the Kokeka Trust, Managing Member, 49105 Bar ymore Street Indio, CA 92201 (760) 777-4077 By: Title: Date By. i c Dcite Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date T:V WDEPTW9reements - SIA129909.wpd 015 Page 6 of 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Piaj-y --1 ss. On /V #41G AV /3-7V% DDI , before me, �a�'l�-� &471, Date Name and Title of O er (e.g., "Jane Doe, No ry Public") personally appeared �r��' // zi f Name(s) of Signer(s) OFFICIAL SEAL . MICHELLE RAMOS ^ COMM #1246380 Notary Public - California�� c7 RIVERSIDE COUNTY �.. My Commission Expires DECEMBER 20, 2003 Place Notary Seal Above ❑ personally known to me Xproved to me on the basis of satisfactory evidence to be the person whose name are subscribed to the within instrument and acknowledged to me that I ,4, rs xecuted the same in JA/ heir authpriA capacity ies and that y fji u signatur (tDn the instrument the perso the entity upon behalf of which the person ss acted, executed the instrument. ESS my hand and official a P Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Corporate Officer — Title(s): _ Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER of thumb here ® 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 067 016 ATTACHMENT 3 Exhibit A SECURITY - PARCEL MAP 29909 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory' have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or part by the City Engineer, at any time after construction plans are complete and the scope and nature of improvements are fully known. These releases shall be separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $157,350 $157,350 Streets, On Site 82,400 82,400 Domestic Water 189,400 189,400 Sanitary Sewer 64,500 64,500 Dry Utilities (Elect.) 35,000 35,000 Perimeter Landscaping 126,000 126,000 Monumentation 5.000 0 Construction Subtotal: $659,650 $654,650 Professional Fees Design & Construction (15%) 98,950 $791,580 Contingency (20% of Project) 151,720 Total: $910,320 063 017 T a 4,!t D 4 a" AGENDA AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 4, 2001 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 29889, Palm Desert National Bank BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 29889, Palm Desert National Bank. None. None. Parcel Map 29889 is located on the S.E. Corner of Avenue 47th and Washington Street (Attachment 1), and consists of 12 Parcels ranging from 6,280 s.f. to 47,209 s.f. (Attachment 2) . The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. The Final Map is technically complete and has been signed by the applicable parties. To date, the Subdivision Improvement Agreement has not been executed by the developer and the associated securities have not been received. However, it is expected that the Agreement and associated securities will be in place within the time allowed with its conditional approval. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (January 3, 2002), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. T:\PWDEPT\C0UNC1L\2001\01 1204d.wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the final map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 29889, Palm Desert National Bank; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 298891 Palm Desert National Bank; or 3. Provide staff with alternative direction. Respectfully submitted, Steven D. SOiler Interim Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 070 TAMDEMCOUNCIL\2001 \011204d.wpd RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP 29889, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Parcel Map 29889 is conditionally approved provided the subdivider submits all required items on or before January 3, 2002. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. 071 A. Complete the Subdivision Improvement Agreement for Parcel Map 29889. B. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on January 3, 2002. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 4th day of December, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California G; ATTACHMENT 1 r CLUB �G z H.)VLEY LN. Q `,%E. 42 EREG MILES WARING u CAR. z ;r W w 4 HWY. 111 SITE� LOCATION AVE, 48 VICINITY MAP NOT TO SCALE 07% CRApluc ScAIB c Am i owl 56 a p i us+al RAtat mrr wtsa gram I= F Mw r!>A IW16 TO AOMPM M TM SHEET 2 CW 2 iN TNIE CITY Or LA OUINTA, COUNTY rW RTV L;MM STATE OF CAUFORNOA FMARCOL 11 AM 3 NO. ROBSO ACT '7LL• OF 7RRAOT MaP NO. 14230 PER SOM 214, PAOM 50 TROUCH 4M INCL1IS M OF MAP04 O.P- CMr F4%jWV= OOUN7Y. CALWORNM AND A PM"CH OIe P 2 OF p_ ri_ NO. 00$8 P IL DOM EO. PAM 19 pAAoEL hA�4P No. AayB OF PARCEL IA o. R. OF +aADMOC OCUNTY CAUP+a " Plr e_ P ; le AND A PORTION OF THE WMTHKANr COARTER AND A PORTION & -mr6 SlOvwL&3T cumtTO! OF 3CUT011 M T8'M MW 0 SCU7Nr RANG[ T LAST. SAN SERIIIAMNO MEROM DUDEK & ASUCCEATES LAY. 2001 rFFJIRO IF LP. Rei M )ATOiOIR. W TIL PALM DRMT. 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RORyIT a aFFOX 990002 PAM rkwh l= now M" EM1111 T (Ita ) awc*rn JIAMOL fawn as rL Porarts aClrMa fW RRR. PWORNRrT PAM PAJM SLOP Me dNW NWCAUZ Aa� RQKW r027MCTM MMM *o ►AP= NAP amour s of mAmOM rAq=s n m z N ATTACHMENT 3 CITY of LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT Parcel Map 29889 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 , by and between LPP, Inc. a California Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel Map 29889 (the "Tract") pursuant.to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attomey's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's optio i41 "o i;4 T:\PWDEPT\STAFF\Martinez\Tracts\agreements\29889.wpd Page 1 of 6 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurers office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the. execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. - 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdividers expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). T:\PWDEPT\STAFF\Martinez\Tracts\agreements\29889.wpd Page 2 of 6 �• t J L� 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One. Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdividers Surety for payment of said cash and Subdividers Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner. 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. - 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdividers share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt T:\PWDEPT\STAFF\Martinez\Tracts\agreements\29889.wpd 010 Pa iolt6 to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City. Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdividees obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force M ieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped T:\PWDEPT\STAFF\Martinez\Tracts\agreements\29889.wpd oil Page 4 of 6 by an engineer or surveyor, as appropriate'for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials fumished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and' against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severabi ft In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. V019 Pa e 5 of 6 T:\PWDEPT\STAFF\Martinez\Tracts\agreements\29889.wpd 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER:. Date City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 LPP Inc., AA California Corporation (760)346-0745 ey: ---� Q p � Date Title: By: Date Title: Reviewed and Approved: 12-7 Z� Engine Dat Approved as to Form: City Attorney T:\PWDEPT\STAFF\Martinez\Tracts\agreements\29889. wpd Date 00 013 Page 6 of 6 Exhibit A SECURITY - PARCEL MAP 29889 Except as otherwise provided herein, Subdivider shall fumish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or part by the City Engineer, at any time after construction plans are complete and the scope and nature of improvements are fully known. These releases shall be separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Percent Total Amount Improvement Description Performance Labor & Materials Complete To Secure Grading 15,452 15,452 95 773 Paving & Storm Drain 244,762 244,762 50 122,381 Domestic Water 145,876 145,876 80 29,175 Sanitary Sewer 46,202 46,202 80 9,240 Dry Utilities 30,000 30,000 80 6,000 Monumentation 10.000 0 0 10,000 Construction Subtotal: $492,292 $4821292 177,569 Engineering & Inspection 17,757 (10% of Construction) Contingency 19,533 (10% of Project) Total: $214,859 Percent of Work Completed (36%) 014 T a 0 4bf 4 4 Q" AGENDA CATEGORY: COUNCILIRDA MEETING DATE: December 4, 2001 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 29791, La Quinta Court BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 29791, La Quinta Court. None. None. Parcel Map 29791 is located east of Washington Street, south of Highway 111 (Attachment 1), and consists of 1 commercial lot (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of November 22, 2001, City staff has received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (January 4, 2002), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the final map for recording by the County Recorder. If any of the required T:\PWDEPT\C0UNC1L\2001\01 1204f.wpd items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 29791, La Quinta Court; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 29791, La Quinta Court; or 3. Provide staff with alternative direction. Respectfully submitted, Steven D. Spee Interim Public W s Director/City Engineer Approved for submission by: 'Oe Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 083 0 0 L' TAPWDEPT\COUNCIL\2001 \01 1204f.wpd RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP 29791, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Parcel Map 29791 is conditionally approved provided the subdivider submits all required items on or before January 4, 2002. Section . The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's 084 satisfaction. 003 A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. C. Has signed a Subdivision Improvement Agreement with language conforming to the requirements of the City Manager and City Attorney. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on January 4, 2002. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 4tn day of December, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California O8J J 4 ATTACHMENT 1 (%li\17"A AQNITY.. RAF w ScAm. ATTACHMENT 2 RIP: � Culp nmw FQ� -� ► +� " gala S. FAR :,:,a S Y N ;y �I Q "i O4 j C:; VJ ..�co 130! — ~ ro ~ N ., r-1 k is AGO 5 T f Y �0;� '�1'1 .yam N�� it �Z��•� � Aj�� lit [C3'1 my P Y isa A A�s I JA R� �� '�O� mN ��, •may � � �Vf• � ..r �~ iz w pQjO Y 08� G 7 jr cS m ��i01 a ?oo�, rJ • �.� \o. •ti. Ji RNRA J D 4 it A4L�•1�:€ 042� `�Wy�r� ,�, � �r �' e flwss7 ` cfa �� yl Ha 1gg.s N N71!•DO' f ildSrfl cN ee�tat' E f115.1Q'> r'• ��•b'p Za�7t ei-y J'• Ammon a - ua 4 N .-.IO 0.OIy�4 Ui al4i G + + V xzxx2x2x ��I��I�°�• i 3tlxxx2lxx ajy.gyt'+4� AIN �I � A1'n1'••1 �f•1h1 T � � � T aNO�1- IOw.QpNO(w.��+(fu�ieGNy (� ,$g�18$ggggg�g"n `O T I rN • y W fp !OII,U 10 !. NRl�1. V �~• V J T 0 0 4hf 4 4 Q" COUNCIL/RDA MEETING DATE: December 4, 2001 ITEM TITLE: Approval of Request for Proposals for the La Quinta Park Artwork RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Request for Proposals for the La Quinta Park artwork projects. FISCAL IMPLICATIONS: None at this time. The projects identified in the Request for Proposals will be funded by the Art in Public Places account when artwork proposals are approved by the City Council. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the November 1, 2001 Cultural Arts Commission (Commission) meeting, the Commission discussed issuing a Request for Proposals (RFP) for an artistic fence and an artistic sign for the La Quinta Park site. At an earlier meeting date, it was decided that an interactive water feature would be added to the La Quinta Park site as well. A 760 linear foot wrought iron fence, six feet high, is located along Adams Street and along the southwest corner of Westward Ho Drive at the La Quinta Park site, as provided in Attachment 1. The Commission would like to commission an artist to construct the decorative wrought iron fence for the park. The Commission would like to see appropriate designs for a community park incorporated into the fence design. Due to the size of the park, and frontage along Westward Ho Drive and Adams Street, a large park sign would provide identification for the La Quinta Park site. An interactive water feature has been identified in the park site's Master Plan, as provided in Attachment 1. Interactive water features are currently provided in Adams Park and Fritz Burns Park. Both existing water features have been designed by artists. The Commission did not determine a budget for the individual artwork components. The 0 8 - Commission would like to review the proposals submitted by artists before determining a budget for the artistic amenities. Once the proposals have been reviewed, the Commission will determine the amount to be recommended for each artistic amenity. As of October 31, 2001, the Art in Public Places account had an uncommitted balance of $153,226.66 The section "Request for Proposals Deadline and Information" establishes the selection process time line. The deadline for submitting artwork proposals as outlined in the Request for Proposals is January 4, 2002. At that time, staff will review the projects to ensure that the artist has provided all the information required with the submittal. The Cultural Arts Commission will review the submitted proposals at the January 10, 2002 Cultural Arts Commission meeting. The artists submitting proposals will be requested to attend the Cultural Arts Commission meeting to answer any questions the Commission may have. The Cultural Arts Commission will then submit its recommendations for proposed artwork to the City Council for consideration at the February 5, 2002 City Council meeting. The artists of the proposed artwork will be asked to attend the City Council meeting to answer any questions the Council may have. Once the City Council approves the commissioning of artwork for the La Quinta Park site, it is anticipated that the artists will be working with Mr. Steve Lang, the principal architect of the La Quinta Park project, to incorporate the artwork into the construction schedule of the La Quinta Park project. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Request for Proposals for the La Quinta Park artwork projects; or 2. Do not approve the Request for Proposals for the La Quinta Park artwork projects; or 3. Provide staff with alternative direction. Respectfullyh submitted, ommunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. La Quinta Park Site Maps 2. Request for Proposals for the La Quinta Park Project 0 S:\Community Services\CCReports\CC.168.RFP Community Park Artwork.wpd F- • Z ' W Q I... „ .1" Aar Q _ x • a'• 3330 a: o 0 � I �� 1--------- o o p r I L— I I ---- p o a I { 0 O O O i5 lar;� I 1 ------ O O r 1 _ I o • O / \ O • IV I / \ I C _ I• "' I I� 1 I I I I I� II I a - ;S I 1 1 I I 1 I I 1 1 � L----�� it •,C 8 —i—�---, r--- -- —� �` 1 1 II i I 1 I I fi I I �� I I I •!� I I I I I 1 4•\ � I 1 I -- - -- - - W b — I I i i i i i i ' I` •• L--J l--J L. J •� Mr — rig > ` a 33 �� a •I � 091 ATTACHMENT 2 o`` s Irvco �Rn'ha 4� 5 OF 9ti Art in Public Places Program La Quinta Park Artwork Projects Request for Proposals PROJECT LOCATION AND DESCRIPTION The City of La Quinta wishes to commission artists for the La Quinta Park Artwork projects. The La Quinta Park (park site) is located on the northeast corner of Westward Ho Drive and Adams Street in La Quinta. The park site is currently designed to contain soccer and baseball fields, a concession/restroom facility, playground, picnic areas with barbeques, skate park and a parking lot. It is anticipated that construction of the park site will begin early 2002. The park site includes three areas identified for public art projects. These include: Interactive Water Feature Decorative Wrought Iron Fencing Artistic Signage The areas identified for the public art projects have been outlined on Attachment 1. The award amounts will include materials and installation costs. Artists may submit specific proposals from one to all three projects listed. A project narrative is provided for additional information on page 4. Artists' qualifications and specific proposals will be reviewed by the Cultural Arts Commission. The recommendations of the Cultural Arts Commission will be forwarded to the City Council for consideration. MATERIALS The artist may use any material he/she deems appropriate for the execution of the work. The following conditions apply: The artist must collaborate with the principal architect and adhere to the construction and installation schedule. 2. The work will be subject to review and revision by structural engineers, building inspectors and other appropriate staff at the cost of the artist. 99 3. The work must meet all safety and building code requirements, including the Americans with Disabilities Act (ADA)., INFORMATION AVAILABLE An enlarged copy of the approved Master Plan for the La Quinta Park improvements and the La Quinta Municipal Code Chapter 2.65 - Art in Public Places are available at the cost of $10.00 by contacting the Community Services Department at 760-777-7090. REQUEST FOR PROPOSALS SUBMISSION REQUIREMENTS All artists* are to submit the following: 1. A one page cover letter describing the interest in this project, relevant previous experience, preliminary thoughts on how the La Quinta Park Artwork project may be executed and at least two professional references. 2. Current resume (up to two pages.) 3. A maximum of ten color photos of past work, relevant to this project, in an 8 1/2" x 11" clear plastic sheet. Label each photo with artist's name, title, date, artwork dimensions and an indication of "up" at the top of the photo. 4. An annotated one -page list that corresponds with photos. 5. A written description of the proposed artwork, including its method of fabrication, installation and any special operational requirements, along with a proposed budget for the completed project. 6. A written description of the proposed artwork's maintenance requirements. 7. Marquette of proposed art work (to be presented at the review meeting.) *Artist is defined as a person experienced in the production of such art work and recognized by critics and by his/her peers as one who produces works of art. (L.Q.M.C. Chapter 2.65) REQUEST FOR PROPOSALS DEADLINE AND INFORMATION All responses to the RFP must be received by 3:00 PM on Friday, January 4, 2002. 0 9 " u.66 SELECTION PROCESS TIME LINE Although the City of La Quinta has established this time line, the dates may vary depending on conditions. December 19, 2001 10:00 AM Pre -Proposal Meeting with City Staff January 4, 2002 3:00 PM Proposal due to the Community Services Department January 10, 2002 Presentation of proposals to the Cultural Arts Commission. Marquettes are due at this time. Each artist will be given a short period of time to describe their concept and answer questions from the Commission. To Be Arranged Presentation to the City Council for consideration. Artists selected by the Cultural Arts Commission for consideration will be expected to attend the City Council meeting to represent their work. Once artists are selected for each component, the marquettes must be available for public display throughout the project. SELECTION OF ARTISTS The criteria used by the Cultural Arts Commission in reviewing the design proposals shall include, but not be limited to: aesthetic quality, site suitability, durability, level of maintenance, technical feasibility and general appropriateness. All art work is subject to Chapter 2.65 of the La Quinta Municipal Code -Art in Public Places. The final selection of an artist and design proposal is wholly within the discretion of the City of La Quinta. The City Council may accept or reject a design proposal for any reason. The City is under no obligation to commission a work of art from any submitted proposal if that proposal is not deemed satisfactory and acceptable to the City. CONTRACTS Artists selected to create a finished artwork will be required to enter into an Art Purchase Agreement with the City prior to commencing the work. No selection shall be deemed final until an agreement has been properly executed and signed by the artist and the City. The terms of the agreement will include, among other things, insurance requirements established by the City. The process described herein, which will lead to the selection of artists, does not imply an contractual agreement with applicants. Once artists have been selected for the commissions, a contract will be established. Outlined in the contract will 3 994 v07 CONTACT Questions regarding the Request For Proposals, the selection process or the project should be referred to: Dodie Horvitz, Community Services Director 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 (760) 777-7032 (760) 777-1231 (Fax) dhorvitz@la-quinta.org (email) PROJECT NARRATIVE: ■ Interactive Water Feature: A water feature to be user activated, with appropriate safety surfacing ■ Decorative Wrought Iron Fencing: Approximately 760 linear feet of 6 foot high wrought iron fencing with an artistic component appropriate for a community park ■ Artistic Signage: A sign to be part of the concession/restroom building identifying the park site and address on Westward Ho Drive City of La Quinta Community Services Department P.O. Box 1504 La Quinta, CA 92253 RE: Request for Proposals La Quinta Park Artwork Projects SACommunity Services\CCReports\RFP for Community Park.wpd 4 095, AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 4, 2001 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Acceptance of the Painted Cove Art PUBLIC HEARING: Piece as Donated by Ministrelli Construction RECOMMENDATION: Adopt a Resolution of the City Council approving the acceptance of the donation of the art piece "Air Motion" as donated to the City by Ministrelli Construction. FISCAL IMPLICATIONS: None at this time. The art piece will be removed from the current location at Painted Cove and stored in a secure location until a suitable site is found. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On December 15, 1992, the City Council approved the art piece "Air Motion" (Attachment 1) to be placed in the Painted Cove development by Ministrelli Construction. The developer was given Art in Public Places fee credits in the amount of $15,000 for the art piece as provided in Attachment 2. On November 20, 2001, the City was contacted by the Monarch Group, which is the Homeowners Association Management Group (HOA) for Painted Cove, stating that the HOA no longer desired the art piece "Air Motion" to be displayed at that location and requested that the art piece be removed. The art piece consists of the sculpture as displayed in Attachment 1. The pond setting was not included in the fee credits granted for the art piece. As specified in Section 2.65.080 (C) of the La Quinta Municipal Code, art work acquired and installed by a Project Applicant for which credit is given, is the property of the Project Applicant. In this case, the Project Applicant is Ministrelli Construction. Section 2.65.080 (C) also states that art work acquired by the Project Applicant in lieu 096 of fees may be donated to the City to be maintained by the City, as provided in Attachment 3. Mr. Ministrelli wishes to donate the art work to the City, as provided in Attachment 4. The art work does not require special equipment for removal and can be stored in a secure location until a suitable site is found for the piece. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the acceptance of the donation of the art piece "Air Motion" as donated to the City by Ministrelli Construction; or 2. Do not adopt a Resolution of the City Council approving the acceptance of the donation of the art piece "Air Motion" as donated to the City by Ministrelli Construction; or 3. Provide staff with alternative direction. Respectfully submitted, Dodie Horvit , mmunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Photographs of Art Work 2. City Council Report, December 15, 1992 3. Chapter 2.65 of the La Quinta Municipal Code 4. Correspondence from Ministrelli Construction S:\Community Services\CCReports\CC.169.Ministrelli Artwork Donation.wpd RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCEPTING A GIFT WHEREAS, on December 4, 2001, Ministrelli Construction generously donated an art piece to be removed from the Painted Cove development and displayed in a public location; and WHEREAS, the art piece was donated to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and, WHEREAS, it is in the best interest of the City of La Quinta to accept the donation and select a suitable location for public display. NOW, THEREFORE, the City Council of the City of La Quinta does hereby RESOLVE as follows: The City of La Quinta hereby accepts the donation of an art piece by Ministrelli Construction. PASSED, APPROVED and ADOPTED this 4th day of December, 2001 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: JUNE GREEK, City Clerk City of La Quinta, California ATTEST: JOHN J. PENA, Mayor City of La Quinta, California M. KATHERINE JENSON, City Attorney City of La Quinta, California n9 S:\Community Services\CCReports\CC.169.Ministrelli Artwork Donation.wpd e� V - qp - Mmm -_- _. t ATTACHMENT 2 4 w COUNCIL MEETING DATE: DECEMBER 15, 1992 ITEM TITLE: CONSIDERATION OF ART PROTECT ACCEPTANCE FOR PAINTED COVE DEVELOPMENT APPLICANT: MINISTRELLI CONSTRUCTION CO. BACKGROUND: AGENDA CATEGORY: PUBLIC FEARING BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: At the November 2, 1992, meeting of the Art in Public Places, the Ministrelli Construction Company presented a proposed art piece to the Committee to satisfy their art requirement. After discussion regarding the Ordinance requirements, the Committee voted to submit the proposal to Council for approval. FISCAL EMPLICATIONS: None APPROVED BY: RECOND4ENDATION: By Minute Motion 92- move to accept the proposed art work by Ministrelli Construction Company and credit the developer with an amount equal to the cost of the sculpture including installation ($15,000) and once this amount is met, fees will be collected for the balance. Submitted by: Ir ture CC#16 Approved for submission to City Council: TOM GENOVESE, CITY MANAGER 2.65.010 Chapter 2.65 ART IN PUBLIC PLACES Sections: 2.65.010 Intent and purpose. 2.65.020 Findings. 2.65.030 Definitions. 2.65.050 Requirement to provide artwork or pay development fee. 2.65.060 Projects subject to art in public places program requirements. 2.65.070 Processing of arts application. 2.65.080 Regulations for artwork. 2.65.090 Development fee. 2.65.100 Credits —Agreements as to particular projects. 2.65.110 Art in public places fund. 2.65.120 Implementation and administration of this chapter. ATTACHMENT 3 2.65.010 Intent and purpose. A. This chapter may be known and cited as the "La Quinta Art in Public Places Program." The city of La Quinta has developed a nationwide reputation through the annual La Quinta.Arts Festival and other artistic events, and attracts thousands of visitors every year to view and purchase art and crafts in the city. The public health, safety and welfare, the preservation and enhancement of property values and economic vitality, as well as the popularity and prosperity of the community, are dependent upon and enhanced by visually pleasing and high quality public art. B . The stated goal of the Cultural Resources Element of the general plan is to provide "enrichment of the community by adequate cultural and recreational facilities and activities." To implement this goal, the general plan further states that "the cultural resources of a city encompass those facilities and programs which refresh, enhance or recreate people's bodies and spirits." Community parks, recreational activities, historic resources, library facilities and art festivals are included in this classification. The art in public places program is intended to achieve this purpose by providing visual art throughout the city. C. Residential and commercial development throughout the city will benefit from public art, both financially and visually. All property within the city will prosper through the enhancement and preservation of property values that will result from the location of visual art throughout the city. As such, the cost of providing public art should be shared. This program is a means of achieving a balanced responsibility of providing a cultural enhancement. D. Therefore, the city council declares that artwork in its various physical forms displayed in public venues in the city constitute public facilities of benefit to the citizens and visitors to the city and in the interest of the public health, safety and welfare, it is the policy of the city to require acquisition and installation of public artworks as provided in this chapter. (Ord. 277 § 1 (Exh. A) (part), 1995: Ord. 173 § 1 (part), 1990) 2.65.020 Findings. The city council makes the following findings in connection with the adoption of the ordinance codified in this chapter: A. There is a reasonable relationship between the acquisition of artworks through the art in public places program and the projects on which the fees provided by this chapter shall be imposed because: , 1. Artworks will enhance the real property values within the city generally, including the developments on which the fees will be imposed, and 2. Artworks will, by enhancing the aesthetic values of the city as a whole, make the city an attractive place to live and work, thereby making the city more vital; and B . There is a reasonable relationship between the need for cultural amenities such as art and the developments upon which the fees provided for herein shall be imposed because the development of real property generally necessitates that additional costs be incurred and amenities be provided to provide for harmonious and aesthetically pleasing environments created by the development; and EM' lot (La Quinn 3-99) r r F'� `v 0 ` 2.65.020 C. The amount of the fee is reasonably related to the artworks to be acquired because the amount of the fee increases as the value of the development upon which the fee is imposed rises, so there will be a direct is and proportionate relationship between the size of the development and the quantity or quality of artwork which can be purchased from the fees generated by the development upon which the fees shall be imposed. (Ord. 277 § 1 (Exh. A) (part), 1995: Ord. 173 § 1 (part), 1990) 2.65.030 Definitions. As used in this chapter: A. "Arts application" means the application to be submitted by a project applicant pursuant to Section 2.65.070. B. "Art in public places fund" means the fund established by Section 2.65.110. C. "Art site" means any site, upon which the artwork is to be located, on public or private property within the city which is accessible and visible to the general public. D. "Artwork" means original creations of art including, but not limited to, the following categories: sculpture, murals, mosaics, fountains, and paving designs. These categories may be realized through such media as steel, bronze, stained glass, concrete, wood, ceramic tile and stone, as well as other suitable materials. E. "Commission" means the cultural arts commission as appointed in Section 2.75.030 of this Charter and municipal code. F. "Fee" or "fees" means the fees imposed by this chapter. G. "Projects" means all construction or rehabilitation in the city covered by a single building permit. H. "Project costs" means the value of the improvements for a project based upon the building permit valuation submitted. (Ord. 317 § 1, 1998; Ord. 277 § 1 (Exh. A) (part), 1995: Ord. 203 §§ 1, 2, 1992; Ord. 173 § 1 (part), 1990) ' 2.65.050 Requirement to provide artwork or pay development fee. When a project is subject to the requirements of this chapter pursuant to Section 2.65.060, the project applicant shall pay a development fee, as described in subsection A of this section, or shall comply with the provisions of subsection B of this section. Project applicants shall indicate on their art in public places application whether the project applicant will comply with subsection A or B of this section. A. Development Fees. The project applicants shall pay a fee to be deposited in the art in public places fund established pursuant to Section 2.65.110 equal to the amount provided in Section 2.65.090 of this chapter for the project. B. Provision of Artwork. In lieu of paying the development fee as required by subsection A of this section, the project applicant may acquire and install an artwork on an art site on or in the vicinity of the project site pursuant to Section 2.65.100 of this chapter. As a guide, the cost or value of such artwork should approximate the amount of the fee that would be paid under subsection A of this section. The project applicant shall receive credit for the fee required by subsection A of this section only in the actual amount of the cost of value of artwork acquired and installed, plus costs of installation. Only project applicants liable for a fee pursuant to subsection A of this section that is in excess of five thousand dollars shall be permitted to elect to provide an artwork pursuant to this subsection unless such project applicant proposes to furnish artwork in excess of the amount of such fee and in a minimum amount of five thousand dollars. (Ord. 277 § 1 (Exh. A) (part), 1995: Ord. 173 § 1 (part), 1990) 2.65.060 Projects subject to art in public places program requirements. A. Requirements. The requirements,of this chapter shall apply to all works of construction or rehabilitation for which a building permit is applied for within the city which constitutes or includes the following activities and which are not subject to the exceptions set forth in subsection B of this section: I. New commercial and industrial construction; 2. Remodeling, repair or reconstruction of existing commercial or industrial property having project 'costs which exceed one hundred thousand dollars in expenditures; 3. Residential subdivision or development of two units or more, whether by detached single-family residential structures, condominiums, apartments, townhouses or other dwelling units, including the repair, remodeling or renovation of same, having project costs exceeding one hundred thousand dollars; (U Quinta 3-99) 40 1 �� `v �8 2.65.060 4. Individual residential units (defined as not more than one single-family dwelling which is to be constructed on an individual lot or parcel) having project costs of more than one hundred thousand dollars. B. Exceptions. The requirements of this chapter shall not apply to the following activities: 1. Public projects; 2. Remodeling, repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity; 3. Nonprofit social service or cultural institution projects; 4. Low to moderate housing projects as defined by household income in Health and Safety Code Section 50093. (Ord. 277 § 1 (Exh. A) (part), 1995: Ord. 203 §§ 3, 4, 1992; Ord. 173 § 1 (part), 1990) 2.65.070 Processing of arts application. A. Upon submission of a project application for a project subject to the requirements of this chapter, the city shall provide to the project applicant a copy of the ordinance codified in this chapter and an arts application form. B. The project applicant shall submit to the city a completed arts application form, describing the manner in which the project applicant intends to establish compliance with this chapter. The arts application shall include, for project applicants intending to meet the requirements of Section 2.65.050(B), a complete description of the artwork, if any, the cost or estimated cost of the artwork and installation, the agreement or means by which the project applicant will meet the requirements of Section 2.65.100 of this chapter, and a site plan showing the location of the artwork, complete with landscaping, lighting and other appropriate accessories to complement the artwork. C. The city shall, upon receipt of the arts application, submit the arts application to the cultural arts commission. D. The cultural arts commission shall, within thirty days from the date of submittal of the application by the city, submit to the city council comments and a recommendation on the proposed arts application, based upon the guidelines set forth in Section 2.65.080. E. The arts application shall then be submitted to the city council, which may ratify the application based upon the guidelines set forth in Section 2.65.080. (Ord. 317 § 3, 1998; Ord. 277 § 1 (Exh. A) (part), 1995: Ord. 173 § 1 (part), 1990) 2.65.080 Regulations for artwork. A. Guidelines. Guidelines for the approval of artwork shall include, but are not limited to, the following criteria: 1. The artwork shall be easily visible and accessible to the public; 2. The composition of the artwork shall be of appropriate materials in order to be durable against vandalism, theft and weather, and in order to require a low level of maintenance. The review may consider the proposed location of the artwork; 3. The artwork shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the art site and surrounding environment; 4. The artwork shall be designed and constructed by persons experienced in the production of such artwork and recognized by critics and by his or her peers as one who produces works of art; 5. The artwork shall be appropriately affixed to its site or display. B. Limitations. The following items are not to be considered as artworks: 1. Art objects which are mass produced from a standard design; 2. Decorative, ornamental or, functional elements which are designed by a building architect as opposed to an artist commissioned for the purpose of creating the artwork; 3. Services or utilities necessary to operate or maintain the artwork. C. Use and Maintenance of Art Work. Artwork acquired by expenditures from the art in public places fund shall be the property of and maintained by the city. The city may dispose of such artwork at its discretion, subject to any agreement with artists or otherwise relating to any specific artwork. The artworks acquired and installed by a project applicant for which credit for the fee required by Section 2.65.050 is given pursuant to Section 2.65.100 of this chapter shall be the property of and maintained by the project applicant, except to the extent the city has rights in or to the artwork or the display thereof pursuant to the agreement with the project applicant entered into pursuant to Section 2.65.100. Alternatively, artwork acquired by the project 41 (La Quinta 9-00) 103 2.65.080 applicant in lieu of the fee may be donated to the city to be maintained by the city. (Ord. 317 § 4, 1998; Ord. 277 § 1 (Exh. A) (part), 1995: Ord. 173 § 1 (part), 1990) 1* 2.65.090 Development fee. There will be, and there is established, an art in public places fee (referred to occasionally in this chapter as the "fee" or "fees") to be collected as follows: A. Fees are to be collected with respect to all projects prior to or at the time of issuance of a building permit, except in the case of residential development of more than one dwelling unit, where the fee shall be collected on a pro rata basis for each dwelling when it receives its final inspection or certificate of occupancy, whichever occurs first. The city manager, or other such person appointed by him/her, is appointed as the authorized individual to collect the fees. B. All residential structures whose project costs is in excess of two hundred thousand dollars will be charged a fee hereunder equal to the greater of: 1. One-fourth of one percent for that portion of project cost in excess of two hundred thousand dollars; or 2. Twenty dollars. C. All commercial developments, industrial developments and nonresidential development within the city will be charged a fee hereunder equal to the greater of: 1. One-half of one percent of the project costs; or 2. Twenty dollars. D. The fees will be collected prior to the issuance of any building permit commencing on the date the ordinance codified in this chapter becomes effective. (Ord. 339 § 1, 2000; Ord. 317 § 5, 1998; Ord. 277 § 1 (Exh. A) (part), 1995: Ord. 203 § 5, 1992; Ord. 173 § 1 (part), 1990) 2.65.100 Credits —Agreements as to particular projects. A. A project applicant may apply for a credit against the fee otherwise required to be paid by the project applicant under Section 2.65.050 of this chapter, of one hundred percent of the cost of an artwork and costs of installation for including an artwork in an art site subject to this chapter, provided that such work shall be approved by the commission, and the project shall enter into a written agreement with the city providing that the artwork shall be installed, maintained and open to public view at reasonable hours for a minimum period of twenty-five years after installation. The written agreement may be extended by the city for ten-year increments. B. Nothing herein shall restrict the city council from waiving the requirements of this chapter, in whole or in part, with respect to any project otherwise subject to the provisions of this chapter; provided, that the city council determines that the project applicant has entered into an agreement with the city making provision for the acquisition and installation of artworks in connection with the development of the project which addresses the goals and aims of this chapter in a manner equally favorable to or on a basis more favorable to the city than would be achieved by strict compliance with this chapter. (Ord. 277 § 1 (Exh. A) (part), 1995: Ord. 173 § 1 (part), 1990) 2.65.110 Art in public places fund. A. Accounting. The fees imposed pursuant to Section 2.65.090 of this chapter and any other moneys collected in accordance with provisions of this chapter shall be deposited in a separate account, entitled the "art in public places fund." The city manager or his/her designee shall establish accounting records sufficient to identify and control these funds. The amounts held in the art in public places fund shall otherwise be accounted for, deposited, invested and expensed as provided by law and the practices and policies of the city. The account containing these funds.may be invested along with other moneys of the city and the investment earnings thereon shall be used for and be subject to the same restrictions established in subsection B of this section. B. Use of Fund. Expenditures of the fees collected in the art in public places fund may include the following: 1. The cost of artwork and its installation; 2. The cost of purchase or lease of art sites; 3. Waterworks, landscaping, lighting and other objects which are an integral part of the artwork; 4. Frames, mats, pedestals and other objects necessary for the proper presentation of the artwork; (La Qu,nca 9-00) 42 10 2.65.110 • • 5. Walls, pools, landscaping or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the artwork; 6. Expenditures for maintenance and repair of artwork; 7. Administrative expenses to otherwise implement any provision of this chapter, however, in no event shall said administrative expenses exceed five percent of the total funds in the account on July 1st of any year nor twenty-five thousand dollars in any fiscal year. D. Endowments. The art in public places fund shall also be used as a depository for endowments, bequests, grants or donations. Such sums may be expended as set forth in subsection B of this section and for art exhibitions or displays as approved by the city council. E. Replacement. For those artworks that have been purchased with moneys from the art in public places fund or donated to the city, the city may determine to sell or exchange existing artworks for replacement artworks. Any funds obtained from the sale of artwork shall be credited to the art in public places fund. Artwork owned privately and on display by in -lieu agreement may be exchanged with city council approval or the original fee paid to the art in public places fund. F. Reimbursement. In the event fees have not been committed for a use as specified in subsection B of this section within two years of their collection, the fees in the art in public places fund shall be distributed by the city to the person or entity who has paid the fees or in any other manner permitted by law. (Ord. 317 § 6, 1998; Ord. 277 § 1 (Exh. A) (part), 1995: Ord. 173 § 1 (part), 1990) 2.65.120 Implementation and administration of this chapter. The city may enter into agreements, upon recommendation of the cultural arts commission or otherwise, for the purchase or commissioning of artworks on art sites not owned by the city, for installation of artwork or the repair, maintenance of servicing thereof and for or relating to all other matters necessary or appropriate to implement the art in public places program. (Ord. 317 § 7, 1998: Ord. 277 § 1 (Exh. A) (part), 1996) 1Q5 42-1 (La Quinta 9-00) �11 ATTACHMENT 4 71're MWAreffi Conpudes November 20, 2001 City of La Quinta Dodie Horvitz P.O. Box 1504 La Quinta, Ca. 92253 Dear Dodie, This is to confirm our phone conversation this afternoon whereby you inform, ed me the Homeowner's Association at Painted Cove La Quinta no longer wishes to have the sculpture that sits at the entrance to the housing tract. Being that Ministrelli Construction owns it, you needed to know what to now do with the art piece. We would like to donate it to the City of U Quinta. You mentioned in our phone conversation that the City of La Quinta would pay for any expenses incurred in the moving of the an piece. Sincerely, J. ,Peter Ministrelli NUnistrelli Development Inc. JPN4: rs WaffStreet Nest 74-785,14hway 111, ,Suite 105, 2ndzm ` e.,%, Ca forma 92210 ■ (760) 776-4450 ■ Fax (760) 776-1157 M&UtMffj Construction Co., 2rx. ■ MirtL;hr fi-Painted Cove, Inc. 0 MinistreX Development, Inc. � Q v uc. #60:1892 1/ i d 9tZ 1 N L9 l l 9 L'L' 0 9 L A N V d V 0 i 113d 1,S 1 1 N AV90 : b 'iOOZ H N T4 4 AGENDA CATEGORY: COUNCILIRDA MEETING DATE: December 4, 2001 ITEM TITLE: Acceptance of Grant of Easements for Street Right of Way, and Offers of Dedication for Landscaping and Flood Retention Easements Associated with Parcel Map 23669 and Tract Map 23971-1 (La Quinta Del Oro and La Quinta Highlands) BUSINESS SESSION: CONSENT CALENDAR: g STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: 1) Accept the Certificate of Acceptance for the Lot J Dedication Offer for the additional portion of Lot J for Public Landscaping purposes and for the Lot K Dedication Offer for the additional portion of Lot K for Park Area and Flood Retention purposes and direct the City Manager to execute the same. 2) Accept the Certificate of Acceptance of Quitclaim Deed for the additional portion of Lot A for public right of way along Miles Avenue and direct the City Manager to execute the same. 3) Accept the Certificate of Acceptance of Grant of Easement for the additional portion of street easement on Via Caliente and direct the City Manager to execute the same. None. None. Parcel Map 23669 (now known as the La Quinta Highlands and Acacia) and Tract Map 23971 (now known as the La Quinta Del Oro) were recorded in 1988 and 1989, respectively. City Staff recently became aware of a mapping problem between these two tracts which created a strip of land averaging approximately 2 feet along the common tract boundary. This strip of land was created without City knowledge or consent and is not a lawfully created parcel of land. The location of this strip of land is sandwiched between two residential developments and has caused problems for the orderly development of the remaining lots within the La Quinta Del Oro development. 107 TAPWDEPT\C0UNCIL\2001\011204c-I1a for tract 23971.wpd To remedy this problem, the original developer of PM 23669 (119 LTD) has quit claimed this strip to Uniwest Service Corporation, owner of the 43 acres in the remainder parcel in Tract 23971. Uniwest has prepared the necessary lot line adjustment documents to "modify" the existing lots within Tract 23971 along the common tract boundary to include the problematic 2 foot strip area. The lot line adjustments and Certificate of Compliance documents are complete and are ready for recordation by the County. The lot line adjustments affected three existing lots or easements which are used for roadway, landscaping and park/retention purposes. By accepting the additional easement and right of way "strip," the areas will be made whole as intended by the original map. The alternatives available to the City Council include: 1. Accept the Certificate of Acceptance for the Lot J Dedication Offer for the additional portion of Lot J for Public Landscaping purposes and for the Lot K Dedication Offer for the additional portion of Lot K for Park Area and Flood Retention purposes and direct the City Manager to execute the same; accept the Certificate of Acceptance of Quitclaim Deed for the additional portion of Lot A for public right of way along Miles Avenue and direct the City Manager to execute the same; accept the Certificate of Acceptance of Grant of Easement for the additional portion of street easement on Via Caliente and direct the City Manager to execute the same; or 2. Do not accept the grants of right of way and easements; or 3. Provide staff with alternative direction. Respec Ily submit. d, Steven D. tpeer Interim Public W s Director/City Engineer Approved for submission b Thomas P. Genovese, City Manager Attachments: 1. Declaration of Dedication Documents (For Lots J and K). 2. Quit Claim Deed for Lot A (Miles Right of Way). 3. Grant of Easement for the Expansion of the Existing Street Easement. 108 0 TAPWDEPT\C0UNCIL\2001\011204c-I1a for tract 23971.wpd ATTACHMENT 1 RECORDING REQUESTED BY AND ) WHEN RECORDED, MAIL TO: ) UNIWEST SERVICE CORPORATION ) 100 South Vincent, Suite 500 ) West Covina, California 91790 ) Attn: Ms. Dottie Jensen ) [SPACE ABOVE THIS LINE FOR RECORDER'S USE] DECLARATION OF DEDICATION THIS DECLARATION OF DEDICATION (this "Declaration") is made as of , 2001, by UNIWEST SERVICE CORPORATION, a Utah corporation doing business in California as Utah Uniwest Service Corporation ("Uniwest"), in favor of THE CITY OF LA QUINTA (the "City"). RECITALS A. Uniwest's predecessor in interest filed that certain Final Map for Tract No. 23971- 1 on February 9, 1990 in Book 213 of Maps, Pages 25 through 30, of the Official Records of the County of Riverside (the "Final Map"). The Final Map, among other things, contained an offer of dedication to the City of an easement shown on the Final Map over Lot J of Tract No. 23971-1 ("Lot J") for public landscaping purposes (the "Lot J Dedication Offer"). B. Lot K of Tract No. 23971-1 ("Lot K") is subject to the offer of dedication described in that certain Declaration of Dedication (Park Area and Flood Retention Basin), dated January 22, 1990, made by Uniwest's predecessor in interest, Deane Homes/La Quinta, L.P., and recorded February 9, 1990 as Instrument No. 051941 of the Official Records of Riverside County (the "Lot K Dedication Offer"). C. Uniwest owns: (i) Lot J and the portion of the property incorporated into Lot J by that certain Lot Line Adjustment No. 2001-366 approved by the City (the "Additional Portion of Lot J"), which property is more particularly described in Exhibit "A" attached hereto and made a part hereof; and (ii) Lot K and the portion of the property incorporated into Lot K by that certain Lot Line Adjustment No.2001-366 approved by the City (the "Additional Portion of Lot K"), which property is more particularly described in Exhibit `B" attached hereto and made a part hereof. D. Uniwest desires to offer for dedication to the City: (i) the Additional Portion of Lot J on the same terms and conditions as the Lot J Dedication Offer; and (ii) the Additional Portion of Lot K on the same terms and conditions as the Lot K Dedication Offer. FA2 Net\250 WAMU\003 Lots\13ocs\Citydedication.101.wpd ' July 25, 2001 250.003 NOW, THEREFORE, for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, Uniwest hereby declares as follows: 1. Dedications. Uniwest hereby offers for dedication to the City: (i) the Additional Portion of Lot J on the same terms and conditions as the Lot J Dedication Offer; and (ii) the Additional Portion of Lot K on the same terms and conditions as the Lot K Dedication Offer. 2. Modifications. Uniwest declares that Lot J and the Additional Portion of Lot J, on one hand, and Lot K and the Additional Portion of Lot K, on the other, shall each be treated as one unified lot for all intents and purposes. Accordingly, any acceptance, modification, abandonment or other change now or hereafter affecting the Lot J Dedication Offer and/or the Lot K Dedication Offer shall be deemed to similarly affect the corresponding offer of dedication set forth in this Declaration for such lot, including without limitation, any acceptance of the Lot J Dedication Offer and/or the Lot K Dedication Offer shall automatically include an acceptance of the corresponding offer of dedication set forth in this Declaration for such lot. 3. Incorporation. The recitals set forth at the beginning of this Declaration, and the exhibits attached to this Declaration, are incorporated into and made a part of this Declaration. 4. Authori . Each person signing this Declaration represents and warrants that he or she has the proper authority to bind the party on whose behalf he or she signs this Declaration. IN WITNESS WHEREOF, Uniwest has executed this Declaration as of the date and year first written above. STATE OF CALIFORNIA ) ) SS. COUNTY OF ) UNIWEST SERVICE CORPORATION, a Utah corporation By: Name: Title: Dottie J. Jensen Vice -President On , 2001 before me, , personally appeared, James F. Deane, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: [SEAL] FA2 Net\250 WAMU\003 Lots\Docs\Citydedication.101.wpd July 25, 2001 250.003 CERTIFICATE OF ACCEPTANCE AND ACKNOWLEDGMENT BY THE CITY I hereby certify that, under the authority granted to me by Minute Order No. , dated December 4, 2001 the City of La Quinta, a public entity of the State of California (the "City'l, acknowledges and agrees as follows: (i) If, as and when the City accepts: (i) the Lot J Dedication Offer, such acceptance shall automatically include an acceptance of the offer of dedication over the Additional Portion of Lot J set- forth in the attached Declaration; and (ii) the Lot K Dedication Offer, such acceptance shall automatically include an acceptance of the offer of dedication over the Additional Portion of Lot K set forth in the attached Declaration; (ii) The City accepts and agrees to the provisions of Paragraph 2 of the attached Declaration; and (iii) The City consents to the recordation of the attached declaration and this certificate. Date: December , 2001 STATE OF CALIFORNIA ) )SS. COUNTY OF ) THE CITY OF LA QUINTA By: Name: Title: Thomas P . Genovese City Manager On , 2001 before me, , personally appeared, James F. n Deane, personally knowto me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. [SEAL] FA2 Net\250 WAMU\003 LotAl3ocsTitydedication. 10 l.wpd July 25, 2001 250.003 3 WITNESS my hand and official seal. Signature: EXHIBIT "A" LEGAL DESCRIPTION OF LOT J The following described property is situated in the City of La Quinta, County of Riverside, State of California: LOT J OF TRACT MAP NO. 23971-1 AS FILED IN BOOK 2131 AT PAGES 25 THROUGH A INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; TOGETHER WITH, THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 5 SOUTH, FLANGE 7 EAST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS; .BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT J; THENCE ALONG THE SST LINE OF SAID LOT, NORTH 0°16'58" WEST, 20.00 FETIONT OFTHE THE N RTH LINE OFCORNER SAID LOSAID NORTH THENCE ALONG THE EASTERLY PROLONGA 89'35'27' EAST, 1.94 FEET TO A POINT ON THE WESTERLY BOUNDARY OF TRACT MAP NO. 23268 AS FILED IN BOOK 213, AT PAGES 67 THROUGH THEINWESTT:RLY BOUNDARY OFS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG TRACT, SOUTH 0016'23" EAST, 20.00 FEET TO THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT J OF TRACT MAP NO. 23971-1; THENCE ALONG SAID EASTERLY PROLONGATION, SOUTH 89°35'27" WEST.1.93 FEET TO THE POINT OF BEGINNING. FA2 Net\250 WAMIA003 Lots\Docs\Citydedication.10l.wpd 11 r) July 25, 2001 250.003 4 s' EXHIBIT "B" LEGAL DESCRIPTION OF LOT K The following described property is situated in the City of La Quinta, County of Riverside, State of California: LOT K OF TRACT MAP NO. 23971-1 AS FILED IN BOOK 213, AT PALM 25 THROUGH Ok INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY. CAUFORNIA; I ETHER ViIITH THAT PORYION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN 13ERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT K; THENCE ALONG THE EASTERLY PROLONGATION OF THE NORTH LINE OF SAID LOT, NORTH &W5,10" EAST, 2.01 FEET TO A POINT ON THE WESTERLY BOUNDARY OF TRACT MAP NO. 23268 AS FILED IN BOOK 213, AT PAGES 67 THROUGH 73. INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE WESTERLY BOUNDARY OF SAID TRACT, SOUTH 001623" EAST, 315.11 FEET TO THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT K OF TRACT MAP NO. 23971-1; THENCE ALONG SAID EASTERLY PROLONGATION, SOUTH 89°3577" WEST, 1.96 FEET TO THE SOUTHEAST CORNER of SAID LOT IC; THENCE ALONG THE EASTERLY LINE OF SAID LOT, NORTH 0°16'66" WEST, 351.11 FEET TO THE POINT OF BEGINNING. FA2 Net\250 WAMU\003 Lots\Docs\Citydedication.101.wpd July 25, 2001 250.003 i 113 ATTACHMENT 2 MAIL TAX STATEMENTS TO AND ) WHEN RECORDED MAIL TO: ) THE CITY OF LA QUINTA ) 78-495 Calle Tampico ) La Quinta, California 92253 ) Attn: Mr. Steve Speer SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): DOCUMENTARY TRANSFER TAX IS: $0 Computed on full value of property conveyed, or Computed on full value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area ( x ) City of La Quinta QUITCLAIM DEED (REVISED LOT A OF TRACT NO.23971-1) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, UNIWEST SERVICE CORPORATION, a Utah corporation doing business in California as Utah Uniwest Service Corporation, and CENTURY AMERICAN DEVELOPMENT CORPORATION, a California corporation, individually and collectively do hereby REMISE, RELEASE AND QUITCLAIM to THE CITY OF LA QUINTA, a public entity of the State of California, the following described real property in the City of La Quinta, County of Riverside, State of California: the legal description attached hereto as Exhibit "A" is incorporated herein by this reference SUBJECT TO: General, special, and supplemental real property taxes and assessments and all covenants, conditions, restrictions, reservations, dedications, easements, encumbrances, rights and rights -of -way. This Quitclaim Deed perfects the intent of Lot Line Adjustment No. 2001-366 approved by the City of La Quinta. This Quitclaim Deed may be executed in counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Quitclaim Deed as of December , 2001. "Century" CENTURY AMERICAN DEVELOPMENT CORPORATION a California corporation By: Name: Title: Roger C. Hobbs President "Uniwest" UNIWEST SERVICE CORPORATION, a Utah corporation By: Name: Title: Dottie J. Jensen Vice President FA2 Net\250 WAMUA003 Lots\Docs\LotADeed.wpd l C 06/07/2001 250-003 STATE OF CALIFORNIA ss. COUNTY OF ) On , 2001 before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. [SEAL] STATE OF CALIFORNIA ) ss. COUNTY OF ) WITNESS my hand and official seal. Signature, On , 2001 before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. [SEAL] FA2 Net\250 WAMLA003 Lots\Docs\L.otADeed.wpd 06/07/2001 250-003 WITNESS my hand and official seal. Signature, EXHIBIT "A" TO QUITCLAIM DEED The following described property is situated in the City of La Quinta, County of Riverside, State of California: LOT A OF TRACT MAP NO. 23971-1 AS FILED IN BOOK 213, AT PAGES 25 THROUGH 30, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; TOGETHER WITH THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 1191 TOWNSHIP 5. SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT A; THENCE ALONG THE EASTERLY LINE OF SAID LOT, NORTH 00161PROLONGATIONOOFHTHE NORTHERLY CORNER OF SAID LOT. THENCE ALONG THE EASTERLY LINE OF SAID LOT, NORTH 891035'2T EAST, 1.93 FEET TO A POINT ON THE WESTERLY BOUNDARY OF TRACT MAP NO. 23268 AS FILED IN BOOK 213, AT PAGES 67 THROUGH 73, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE WESTERLY BOUNDARY OF SAID TRACT, SOUTH 0"1623" EAST, 5.00 FEET TOTHE 71 1 THENCE ALONG SAID EASTERLY STERLY PROLONGA-nON OF THE SOUTHERLY LINE OF SAID LOT A OF TRACT MAP NO. 39 PROLONGATION, SOUTH 89036'2T WEST.1.93 FEET TO THE POINT OF BEGINNING. The above -referenced property is delineated on the lot line adjustment map attached to this Quitclaim Deed as Exhibit "B", which map is hereby made a part hereof for reference purposes only. F:\2 Net\250 WAM11\003 Lots\Docs\LotADeed.wpd 06/07/2001 250-003j CERTIFICATE OF ACCEPTANCE OF QUITCLAIM DEED This is to certify that THE CITY OF LA QUINTA, a public entity of the State of California, hereby accepts the interest in real property being conveyed by the attached Quitclaim Deed executed by UNIWEST SERVICE CORPORATION, a Utah corporation doing business in California as Utah Uniwest Service Corporation, and CENTURY AMERICAN DEVELOPMENT CORPORATION, a California corporation, dated December —,,2001. This acceptance is pursuant to Minute Order Number of the City of La Quinta adopted on December 4, 2001 and the City of La Quinta consents to the recordation of the attached Quitclaim Deed and this Certificate of Acceptance. DATE: December 2001 THE CITY OF LA QUINTA a public entity of the State of California By: Name: Thomas P. Genovese Title: City Manager STATE OF CALIFORNIA ) ss. COUNTY OF On December_, 2001 before me, , personally appeared _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature [SEAL] FA2 Net\250 WAMLA003 Lots\Docs\LotADeed.wpd 11/20/01 250-003 OCl'. 9.2001 1:25PM EXHIBIT. "$„ N0.074 P.9 SHEET 1 OF 5 SHEETS LOT LINE ADJUSTMENT N04 LOTS 40-50, 821 A, J, K & OF TRACT NO, 23971-19 2001-.366 THE REMAINDER MB 213/25-30 Cf L FRED WARING DRIVE (44TH AVEJ N 8735' 11' E _ 26� _ _ N 89r34 51 E 2658.81 _ I� � W I I � 7ri. NO, -B 1- 61 TR, NO, 20260 M.9. 146 /-51 i %1a 20-5/86-04qr M En Tir � + --MUoF lOT UK MMMWW N !Q I II _�� III 7R. NO. n011 1 II � TR NO. 28268 c, MR 213126- 00 I+ 1 �1.�• 21'>�/67-'� -- �,-- -C 'Mal; R91 N 89'35'2rE 2655.36' CIL MILES T SCALE 1" =800' aP� LAIyO PREPARED UNDER THE SUPERVISION OF: J. r�- C) a � s � • Ls. Mee * Exp.1z-31-W CHR1S EXP-12.3 f TE 03 l.S• 88 A s o . t $ 79-7r oW Av . !_ V QuMh% a WX= aORICM v.Iu lw7n-o» iCUUL1s M 7WF1403 PLANNERS 8N01NRER2 SURVEYORS AVENUE ILEUM - - - - - - - EXISTING LOT UNE TO BE ADJUSTED EXISTING LOT UNE TO REMAIN NEW LOT LINE B OLD LOT N0. B NEW PARCEL N0. LOT LINE ADJUSTMENT NO, 2001-366 CITY OF LA QUINTA c\44210\ \�1-3s8 L.A4.10" 10- —OCT. 9.2001� 1:25PM » ' !! � SHM 2 OF 5 SHIMM � EXHIBIT LOT LINE ADJUSTMM N0, 2001-366 LOTS 40--50, 82, A, J, K & THE REMAINDER OF TRACT NO. 23971--1, MB 213/25-30 COURSE TABLE NO BEARING DISTANCE it N 89'35'10'E 42AT 12 N 45'24'50'V 2L21' 13 N 89'3510'E 60.00' 14 N 44'3710T 2121' 15 N 89'35'108E 110A0' 16 N 0'24'50'V 395.00, 17 N 0'16'58'W 92.85' 18 N 80'52'030E 60,72' 19 N 47'24'24W 21.98' SCALE 1" = 400' CURVE TABLE ,� I NO DELTA RADIUS ARC LGT TAN t Q 1 101,09,12, 100.00' 17.72' 8.88' 2 52012'33' 70A0' 63.79' 34,30' ' 3 4 4 50 53 3202250.48 132.05 4 4.20'54' 1530A0' 11611' 58.09' TR. NO. 18E)15 NOTE SEE SHEET NO. 3„ jM.S. _ 14 6 /54-'61 FOR DETAIL OF THIS AREA NOTE; SEE SHEET NO. 4 r FOR DETAIL OF THIS AREA~ ~ ~ -�•1 NOTE: NEW LOT LINES 91 ARE NOT to DRAWN co TO SCALE � - TR NO, _23071�1 mi , 2-b/2.5,-�O ti id —IT N 89'35'10'E 790.00' �0 I N O'24'50'V 125.008 —� w 4 1 , OWM N 89 3510'E 16A0' � � y!� ls•'�>>� N O'24'50'V 185.00' Q; � 1 P" i N I $e J 6� N 89'35'10'E c''I •o t'y fr`s� 396.84' _ o =I zom L' y y TR NO. 73D 11-1 % ~ (n co A1 i ems, 6>. _ I � : I 1x z , M.� �. t3125J *30 v I o PAR 1 r :° �426,90' z l m �sf y6 fo�_s ��i1��1DEz EN I ENS PL RPAR I Igo \ N 0026'30'V M9.5 IDTJ 82 88 L-- PAR 1 LOT A N 89'33'30'E 685.91' _ PREPARED UNDER THE SUPERVISION OF: &0 w M— � iddo, CHRIS J. BERGH L.S. 65 D EXP. 12/31 /03 AVENUE PAR A o—T A — NOTE. SEE SHEET NO. 5 _ _ 1 /\obit LAND FOR DETAIL OF THIS AREA J. G L U x Ls. see * E* 12-31-03 N e t s s 7%4" OW Avwmo S2 tmQobd46u1m aarICN Volm 7W n.4oia S c N v « S PAM 7W771-4072 PtANNERf KNOINIKIS SURVIYORS 96t CAI. LEM — -- — — — -- EXISTING LOT LINE TO BE ADJUSTED EXISTING LOT LINE TO REMAIN NEW LOT LINE OLD LOT NO. NEW PARCEL NO. LOT LINE ADJUSTMENT N0. 2001-366 CITY OF LA QUINTA UD1-366\ UA-02.0WG 10-241 v 14 'mbCT. 9. Mel 1 : !! !! SHEETSHEETS EXHIBIT P LOT UM ADJUSTIIM NO. 2001-366 DOTS 40-509 821 A, J, K & THE REMAINDER OF TRACT NO. 23971-1, MB 213/25-30 CURVE TABLE r N 89'34'590E , I [-NO DELTA RADIUS ARC LGT TAN I i ED -01 1''(� T. 9. 2001' 1; 2 .074�1'.1 � � » sHEEr 4 o��s wEXHIBIT.CURVE TA$Lr¢ LOT LINE ADJUSTMENT N0. 2001-366 � DELTA RAnws A - t 4 TM LOTS 40--509 821 A, J, K & THE ER 1 4'20'54' 's�v 116.u' sw 2 0904'46' 153ON 2z L06' OF TRACT NO. 23971 —1, MB 213/25-30 SEE SHEET 3 NO, 18D-J5 1-40154-61 VIA SEVIUA I J J , NO. 200 7-H . 213/2-5-30 --•- Ar- N 89'35'l0wL /yu.uu- 7F. JNO. 730 i-wl MA 2/3/25-30 I N a0�521� N hl'24'Z4fv �,98 PAR i PREPARED UNDER THE SUPERVISION OF: 1 � o OI jHP S12%31g %03' Q88 A TE ��p� J. s G bey yr„ U x 1.s.6588 '* E* 12-31-03 9 CF CAQ' •ea:I r-mowAum.n toovbftCAum volic" vdo« 7W-7Yl4 3 t t N V L T T FAA 7W7n-=3 PLAN Nets "91"92AS SURVIYOR3 M z SCALE 1 of =100' SEE SHEET 2 LEGM — -- — — — — EXISTING LOT LINE TO BE ADJUSTED EXISTING LOT UNE TO REMAIN NEW LOT LINE OLD LOT N0, . B NEW PARCEL NO. LOT LINE ADJUSTMENT NO. 2001466 CITY OF LA QUTNTA to\WAPPrN9\LL01-36fttA-04-M 4-2-01 121 ,OCT . 9. 2001own 1: 2 .074"�.13 - !! !! SHEET 5 Of 5 SHEETS EXH IBIT $ CURVE TABLE; LOT LINE ADJUSTMENT NO. 2001-366 W DELTA RADIUS ARC LU TAN LOTS 40-509 82, A, J, K & THE REMAWDER 1 10.09V 100.00' 17.7r aye' OF TRACT NO. 23971-1, MB 213/25-30 1 2 52.12'330 70,V 63.79' 34.30' SEE SHEET 2 PAit 1 I -rR, J\YJ. 230 711 I T R5MA1NDE i��1.�.2 1 :5-�3� N 44'39'35'E N 89'35'10'E 426.900 NOTE: 21.19' LOT K pn K 12.01, NEW LOT LINES I � SCALE 1'�=100' r---------------'------- — — — -� ARE NOT DRAWN I fl I i j TO SCALE l P1�R K 82 88 I 14 1 LOT K 151.94' vi j 4' i m L%a I ,. 1.9 � i i tp `, '~ % � I..•�-� > N 89'35'27'E 332.12' I -, S I � i~ PAR J a I I t N. Z I d LOT J \�-t NIlM cn cn o 1 z 151,93 l 1.93, z I `:� I ta I I -+h� N 89'35'27'E 33Z07' � I LOT A PAR A in 1,93 ul ' (-•�-�+r N 89'35'27E 312,05' I g I N �' `' t' tip, i MILES P .. AVENUE N_ e �� m L-------� P N � � �,� ��. �\ DETAIL "B , .1 � I _ 1!0 t rl 89 35 27 E 151.96 ►� PARK _P.O.B.11.96 I 1 � EAT K �PAR. 82 I io 0 N vo I _ _ V — C ..- -- — .— -- — L (- 15L94' L94' I --•--�- 685.9 ' 117.44' 180.19 , � I 0 --�-� N 89'33'30'E 803.35' N 89 35 LoT J p1R 1332.1 332.05` � 1 -••--�- N 89'33'30'E 836.14' N 89035 27'E - - - - - - - - _ _ i _ ERJ LAT A PAR l 842.431 ------ --- - - N 89035'27'E 2655.36' �--#- -=r'r N 89'33'30'E 2695.82' C/L MILES AVENUE I- SEE DETAIL "Er ABOVE HEREON �a� LAA+D PREPARED UNDER THE SUPERVISION OF: 4��\°5 J, a �G� L60END EXISTING LOT LINE TBE A�DN,IUSTEC cJ EXISTING LOT LINE TO 1 01 Ls. �� NEW LOT LINE CHRIS J. 8ER , LS. 88 A �E,, z-3t -os , ��. � OLD LOT NO. EXP. 12/31 /03 qtF AF CALL B NEW PARCEL NO. molls 71-1y" cd . si r .oR,�M ��u� 7�.n140» LOT LINE ADJUSTMENT NO. 2001466 ' `"" `T 2 M 7a7714&n CITY OF LA QUINTA PLANNERS ENGINEERS SURVEYORS �� u� r� uaawMc,1 uM 1—x� MLA-05 6 1 Q-2— 1�� ATTACHMENT 3 MAIL TAX STATEMENTS TO AND ) WHEN RECORDED MAIL TO: ) THE CITY OF LA QUINTA ) 78-495 Calle Tampico ) La Quinta, California 92253 ) Attn: Mr. Steve Speer ) SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): DOCUMENTARY TRANSFER TAX IS: $0_ Computed on full value of property conveyed, or Computed on full value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area ( x ) City of La Quinta GRANT OF EASEMENT (EXPANSION OF STREET EASEMENT) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, UNIWEST SERVICE CORPORATION, a Utah corporation doing business in California as Utah Uniwest Service Corporation ("Uniwest"), hereby grants to THE CITY OF LA QUINTA, a public entity of the State of California (the "City"), a perpetual easement and right-of-way for public street purposes in, on, under, accross and through the following described real property in the City of La Quinta, County of Riverside, State of California: the legal description attached hereto as Exhibit "A" is incorporated herein by this reference (the "Additional Easement Area"). This Grant of Easement perfects the intent of Lot Line Adjustment No. 2001-366 approved by the City of La Quints and expands the existing easement area (the "Existing Easement Area") covered under that certain Grant of Easement, dated June 23, 1993, made by Uniwest in favor of the City and recorded May 16, 1994 as Instrument No. 199209 of the official records of Riverside County to include the Additional Easement Area. Uniwest declares that the Existing Easement Area and the Additional Easement Area shall be treated as one unified easement area for all intents and purposes. IN WITNESS WHEREOF, Uniwest has executed this Grant of Easement as of December 2001. "Uniwest" UNIWEST SERVICE CORPORATION, a Utah corporation By: Name: Title: CAMy Documents\StreetDeed.wpd 06/07/2001 250-003 Dottie J. Jensen Vice President STATE OF CALIFORNIA ) ss. COUNTY OF ) On December , 2001 before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. [SEAL] Signature CAMy Documents\.StreetDeed.wpd 06/07/2001 250-003 1 2 ; 1 Gig EXHIBIT "A" TO GRANT OF EASEMENT The following described property is situated in the City of La Quinta, County of Riverside, State of California: THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP S SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 50 OF TRACT NO. 23971-1 AS FILED IN BOOK 213, PAGES 25 THROUGH 30, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; SAID POINT ALSO BEING THE BEGINNING OF. A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1630.00 FEET, THE INITIAL RADIAL LINE BEARS NORTH 0615'43" WEST; THENCE ALONG THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 50, AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00"4W AND AN ARC LENGTH OF 2.12 FEET TO A POINT ON THE WESTERLY BOUNDARY OF TRACT MAP NO. 23268 AS FILED IN BOOK 213, AT PAGES 67 THROUGH 73, INCLUSIVE OF MAPS, RECORDS OF SAID RIVERSIDE COUNTY; THENCE ALONG THE WESTERLY BOUNDARY OF SAID TRACT, SOUTH 0016'23' EAST, 60.00 FEET, TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1470.00 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY, WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0404'67", AN ARC LENGTH OF 2.12 FEET, TO THE EASTERLY LINE OF THE REMAINDER PARCEL AS SHOWN BY SAID TRACT NO. 23971-1: THENCE NORTH 0016'58" WEST, ALONG SAID EASTERLY LINE, 00.00 FEET TO THE POINT OF BEGINNING. The above -referenced property is delineated on the lot line adjustment map attached to this Exhibit "B", which map is hereby made a part hereof for reference purposes only. CAMy Documents\StreetDeed.wpd 06/07/2001 250-003 1 ry k) 1�.ki +:. 0 .20.2001 4• 1 OF 1 SHEET E 3rI-TIBIT CURVE TABLE GRANT OF EASP�MENT WA T L yo///' �- 22/3971-1 �J . i.. V • 26-180 7 . NO, 23071-1 MS, L ,L/25-30 N 40'54'5511 E N 19.76' SCALE 1" =60' NO DELTA RADIUS ARC LGT TAN 1 4'z0'S41 153M 116.11' 3M' 2 0'04'46' 1530.00' 2.1Z LOW 3 MIT 1470M 212' L06' 4 4036'W 147040" 119.42' 59.24' 5 0'2925' 1530.00' 12.65' 6.32' 47 47 48 9 I m 40 49 t%a � N 4724'2-' W 21.98' 60 50 . I r � ' 1'W RAD I I--• W5 ,0� Q I �I EXIST. ROAD EASEMENT _ Eu x PER INST. 11992091 -:e : cs vN'J„r REC. MAY 16, 1994 g' = N 4' 47'39'W RAD PAR i :.:� — CD Q � t NOTE: r?Ei�iANIJ' R , . ai (' �1 NEW EASEMENT _ �- N M7 42 E � I i t * I co LINES ARE I 49' 19' i 7" W N 89'43'Of E 20.36 � � � i �� N NOT DRAWN N 603 N a 16 51r W N TO SCALE 22.65 9.93 0! a M SUPERVISION OF: \��pI LAH� PREPARED UNDER THE yh J. 9 �, 5 G CHRIS J. BERG , I-S. 65cm StE EXP. 12/31/03 Tj moist mm aid Avmm ss La Qdrft A"M OOt1CN vm 7WM-+o» smim Le N u « Z FAX 7W7n-rora ►LANNNRS ENOINEERS SURV9YORS x' EXISTING LOT LINE k f�cp. 2 Ls.. epee _„ _ _ EXISTING EASEMENT LINE 13 03 NEW EASEMENT LINE F OF CALF OLD LOT NO. I B NEW PARCEL NO. LOT LINE ADJUSTMENT NO. 2001-366 CITY OF LA QUINTA ..._........�.........._tcd%cr_G1,RrN 11-20-0 CERTIFICATE OF ACCEPTANCE OF GRANT OF EASEMENT This is to certify that THE CITY OF LA QUINTA, a public entity of the State of California, hereby accepts the interest in real property being conveyed by the attached Grant of Easement executed by UNIWEST SERVICE CORPORATION, a Utah corporation doing business in California as Utah Uniwest Service Corporation, dated December 2001, and the terms of such Grant of Easement. This acceptance is pursuant to Minute Order Number of the City of La Quinta adopted on December 4, 2001 and the City of La Quinta consents to the recordation of the attached Grant of Easement and this Certificate of Acceptance. DATE: December _, 2001 STATE OF CALIFORNIA SS. COUNTY OF 1 On before me, THE CITY OF LA QUINTA a public entity of the State of California By: Name: Thomas P . Genovese Title: City Manager personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature, [SEAL] CAMy Documents\StreetDeed.wpd 06/07/2001 250-003 1 . AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 4, 2001 CONSENT CALENDAR: / a s I V a a a adL.. STUDY SESSION: Approval of a Professional Services Agreement (PSA) with WLC Architects, for Design of the Third PUBLIC HEARING: Fire Station, Project No. 2001-14 RECOMMENDATION: Approve a Professional Services Agreement with WLC Architects in the amount of $126,625 for the design of the City's third fire station, and direct staff to include optional services in the amount of $34,375 which may be utilized during the construction phase of the project for construction administration. FISCAL IMPLICATIONS: On July 5, 2000, the City Council approved and adopted the Fiscal Year 2000/2001 through Fiscal Year 2004/2005 Capital Improvement Program (CIP). The fire station is identified to receive funding for design during the current Fiscal Year in the amount of $175,000. Funding for the design portion of the project will be obtained from the Infrastructure Fund, Account # 225-000-300-290. It is anticipated that construction of the fire station will be funded through the remaining monies in the Infrastructure Fund as well as through an amended Development Impact Fee (DIF) which will be presented to the City Council for consideration in the near future. CHARTER CITY IMPLICATIONS: Construction for the fire station may be funded with 100% locally generated infrastructure and development impact fees. The City of La Quinta is not required to advertise the proposed improvements with prevailing wage requirements. Cost savings may be realized during the construction phase of the project. BACKGROUND AND OVERVIEW: On July 5, 2000, the City Council approved and adopted the Fiscal Year 2000/2001 through Fiscal Year 2004/2005 CIP. The City's third fire station is identified to receive funding for design during Fiscal Year 2000/2001. On September 18, 2001, the City Council approved the distribution of a Request for 123 GAFire\award WLCagenda.wpd Proposal (RFP) for Architectural Design and appointed a consultant selection committee. The consultant selection committee consisted of the following individuals: Christine di lorio, Planning Manager Dodie Horvitz, Community Services Director Tom Hartung, Building and Safety Director Nick Nickerson, Contract Project Manager Dorian Cooley, Battalion Chief On October 26, 2001, the City of La Quinta received proposals from the following seven design firms: WLC Architects STK Architects David Evans and Associates Nicoloff and Associates William Nona, Stanford Leonhard Architects Berg and Associates, Inc. Michael Merino Architects On October 31, 2001, the consultant selection committee short listed the following firms and scheduled formal interviews: WLC Architects STK Architects David Evans and Associates Nicoloff and Associates Formal interviews were conducted on November 8, 2001 and WLC Architects was unanimously selected by the consultant selection committee as the top firm and negotiations were quickly initiated and completed. WLC proposed a fee in the amount of $121,625 to prepare the plans, specifications and construction cost estimates (PS&E) to design an approximately 7,000 square foot fire station as well as the Adams Street improvements (In addition, WLC is recommending a budget for reimbursable items such as blueprinting, mileage, courier services, and other direct costs in the amount of $5,000). WLC submitted optional fees in the combined amount of $34,375 to provide construction administration. Should the City Council approve a professional services agreement for the design of the fire station on December 4, 2001, the following project schedule is anticipated: G:\Fire\award WLCagenda.wpd Design Development and Bidding December 2001- July 2002 Fire Station Construction July 2002 - January 2003 Project Delivery February 2003 FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include:. 1 . Approve a Professional Services Agreement with WLC Architects in the amount of $126,625 for the design of the City's third fire station, and direct staff to include optional services in the amount of $34,375 which may be utilized during the construction phase of the project for construction administration; or 2. Do not approve a Professional Services Agreement with WLC Architects in the amount of $126,625 for the design of the City's third fire station, and do not direct staff to include optional services in the amount of $34,375 which may be utilized during the construction phase of the project for construction administration; or 3. Provide staff with alternative direction. Respectfully submitted, ts11+/l Torn Hartung Director of Building and Safety Approved for submission by: Thomas P. Genovese City Manager G AFi re\award W LC agend a. wpd COUNCIL/RDA MEETING DATE: December 4, 2001 Denial of Claim for Damages Filed by Allen Frederickson - Date of Loss: September 10, 2001 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 10 STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Allen Frederickson, with a reported date of loss of September 10, 2001. FISCAL IMPLICATIONS: The total amount of the claim was $4,500. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Allen Frederickson, with a reported date of loss of September 10, 2001 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. recommended that the City Council deny the claim (Attachment 2). Correspondence was sent to Mr. Frederickson on October 29, 2001, by Carl Warren & Co. outlining their recommendation to the City (Attachment 3). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Deny the Claim for Damages filed by Allen Frederickson, with a reported date of loss of September 10, 2001; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. 131 Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Allen Frederickson Claim for Damages 2. Letter from Carl Warren & Co. 3. Letter from Carl Warren & Co. to Mr. Frederickson 130 002 FORM # 1 (FRONT) FILE WITH: CITY CLERK'S OFFICE CLAIM FOR DAMAGES P.O. _BO$ I50'4 LA QUINTA, CAL. 92253 TO PERSON OR PROPERTY INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than six months after the occurrence. (Gov. Code Sec. 911.2.) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2.) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. & This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. TO: (Name of city) & c QV11v4A Name of Claimant Z / /1/ / , lr:-RC1 Home Address of Claimant Business Address of Claimant �, r} - City and State 4 ,�'/s n'� J �.• f'" / /' / 1` -� �� rV if t l % ti° •'"1 ' r^ A 7; r Give address and telephone number to which you desire notices or communications to be sent regarding this claim: Citrnd State RESERVE FOR FILING STAMP CLAIM NO. RECEIVED 2'In 1 SEP 11 A,1111 : 57 CITY OF LA QUINTA MTV (`! V:) W -c nr-ctnr ATTACHMENT 1 Date 9f Birtq of Claimant 3 /� 04 Occupation of Claimant M,4d,v -�- Home Telephone Number 760 -=�` ,9 -- / 1-/ q I Business Telephone Number ?4oY Claimant's Social Security No. -- t/ ;2,'7Y When 2d AM E or INJURY occur? �, Names of any city employees involved in INJURY or DAMAGE Date zo: Time f r If claim is for Equitable indemnity, give date claimant served with the complaint: Date _-- Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet. Where appropriate, give street names and address and measurements from landmarks: Describe in detail how the DAMAGE JURY red.Al J.." c Why do you claim the city is responsible? r-r-- vo-PIV Describe in detail each INJURY or DAMAGE 133 SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 004 FORM #I (BACK) The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): _ Estimated prospective damages as far as known: Damge to.property ....�"" A`* �Dli- Exp�' ��•••••••$+' 2' �� Future expenses for medical and hospital.care nses for medical and hotal care ......... $ • Future less of earnings ....................... $ of y? Loss ofi earnings ............................ $__ Other prospective special damages ............. $ Special damages for ........................ $ Prospective general damages .......... $ Z3 . $ Genera! damages. .. "��`'� , . � �`�,�", $ Total estimate prospective damages ' ' • ' ' ' ' ' ' Total damages incurred to date .............. $ Total amount claimed as of date of presentation of this claim: $ � " Pam" OAK. 014-0.14 g. Was damage and/or injury b t f 9 I rY • mvesti ated g y police If so, what city? Were paramedics or ambulance called? &0 _If so, name city or ambulance_. JvQ AJF_ If injured, state date, time, name and address of doctor of your first visit ,�1/ 4 ley WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Address Phone Name �T Address (Z,A l ,� Phone Name to Address Phone DOCTORS and HOSPITALS: Hospital Address Date Hospitalized Doctor Address Jr �� i J G-' 7 - --� n Date of Treatment—= •,L LA Doctor Address Date of Treatment READ CAREFULLY For all accident claims place on following diagram names of streets, or your vehicle when you first saw City vehicle; location of City vehicle including North, East, South, and West; indicate place of accident by at time of accident by "A-1" and location of yourself or your vehicle at "X" and by showing house numbers or distances to street corners, the time of the accident by "B-1" and the point of impact by "X!' If City Vehicle was involved, designate by letter "A" location of City NOTE: If diagrams below do not fit the situation, attach hereto a proper Vehicle when you first saw it, and by "B" location of yourself diagram signed by claimant. SIDEWALK Signature of Claimant or person filing on Typed Name: his behalf giving relationship to Claimant: AI.LEN L. FREDERICKSON CURB Date: -10-01 NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72.) 005 A�fr q, 00 w 133 006 ATTACHMENT 2 October 29, 2001 TO: The City of La Quinta ATTENTION: John Ruiz, Risk Manager RE: Claim Frederickson v La Quinta Claimant Allen Frederickson D/Event 09/10/01 Rec'd Y/Office 09/18/01 Our File S 133008 DBK We have reviewed the above captioned claim and request that you take the action indicated below: • CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY 4* OL/ Deborah Been cc: CJPIA Attn: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT* CLAIMS ADJUSTERS 13 i 750 The City Drive . Ste 400. Orange, CA 92868 O O Mail: P.O. Box 25180 . Santa Ana, Ca 92799-5180 Phone: (714) 740-7999 . (800) 572-6900 . Fax: (714) 740-9412 Allen Fred son ro 51-55 one Street Sp#69 I �o, CA 92201 RE: Principal : Member City Claimant D/Incident Our File Dear Mr. Frederickson: October 29, 2001 CJPIA La Quinta Allen Frederickson 09/10/00 S 133008 DBK ATTACHMENT 3 As claim administrators for the self -insured City of La Quinta, we have made a careful examination of the circumstances surrounding the captioned occurrence and feel we have enough evidence to make a decision on your claim. After evaluating the facts, we have reached the conclusion that our principal is not responsible for this occurrence. We are sorry we are unable to recommend settlement of your claim to our principal. Our investigation reveals that the contractor working in the area was Granite Construction @ 38000 Monroe Indio, CA 92203 phone: 760-775-7500. We have sent a copy of your claim to them and are, requesting they contact you with their findings. This letter does not affect the notice that will be sent to you by the City of La Quinta regarding disposition of your claim. Very truly yours, CARL WARREN & CO. Deborah Been cc: City of La Quinta cc: CJPIA CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive . Suite 400. Orange, CA 92868 Mail: P.O. Box 25180 . Santa Ana, Ca 92799-5180 Phone: (714) 740-7999• (800) 572-6900 . Fax: (714) 740-9412 13'7 0.08 la quirks rej= prmite.dm October 29, 2001 Granite Construction 38000 Monroe Indio, CA 92203 RE: Principal CJPIA Member City La Quinta D/Event 09/10/01 Claimant Allen Frederickson Our File S 133008 DBK We are claims administrators for the self -insured City of La Quinta. Attached is a copy of a claim received by the city for your review. Since the City of La Quinta contracted with you, we are tendering this claim over to you for your investigation and handling. Please contact the claimant directly with your findings. Please confirm receipt of this claim by signing the acknowledgement block below and returning it to the undersigned. Very Truly Yours, CARL WARREN & CO. Deborah Been ACKNOWLEDGED: DATED: Enc: Copy of Claim Reply envelope cc: City of La Quinta cc: CJPIA CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive . Ste 400. Orange, CA 92868 Mail: P.O. Box 25180 . Santa Ana, Ca 92799-5180 Phone: (714) 740-7999 • (800) 572-6900 • Fax: (714) 740-9412 3 Sr 009 T 0 0 4ty, 4 QK&Z AGENDA CATEGORY: COUNCIL,/RDA MEETING DATE: ITEM TITLE: December 4, 2001 Authorization for Overnight Travel for the Accounting Manager to Attend the 2002 California Society of Municipal Officers (CSMFO) Annual Conference in San Diego, California , February 20-22, 2002 RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: // STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Accounting Manager to attend the three-day 2002 California Society of Municipal Finance Officers (CSMFO) Annual Conference in San Diego, California, February 20-22, 2002. FISCAL IMPLICATIONS: Costs associated with attending the Conference will be funded through Fiscal Services Training & Meetings, Account No. 101-151-637-000. This conference was budgeted in the 2001 /2002 Fiscal Year Budget, $650. The breakdown of expenditures anticipated for this conference is as follows: ► Conference Enrollment - Early Registration $ 225.00 ► Transportation/Overnight Lodging/Meals 425.00 Total $ 650.00 CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The three-day 2002 California Society Conference focuses on financial issues information is included in Attachment 1. of Municipal Finance Officers (CSMFO) affecting local governments. Seminar 139 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Accounting Manager to attend the three-day 2002 California Society of Municipal Finance Officers (CSMFO) Annual Conference; or 2. Do not approve authorization for overnight travel for the Accounting Manager to attend the three-day 2002 California Society of Municipal Finance Officers (CSMFO) Annual Conference; or 3. Provide staff with alternative direction. Respe fully submitted, hn M. Falconer, Finance Director Approved for submission by: homas P. Genovese, City Manager Attachment: 2002 California Society of Municipal Finance Officers (CSMFO) Annual Conference Agenda 140 2002 CSMFO ANNUAL CONFERENCE Preliminary Agenda Checklist ATTACHMENT 1 Below is a preliminary agenda for the 2002 CSMFO Annual Conference. To appropriate conference room accommodations, please indicate the sessions attend. You are not bound by your selections. The Conference Program Committee will be using it only as a guide for expected attendance. Please fax the completed survey to LISA HILDABRAND at (760) 602-8553. Check ® One WEDNESDAY - FEBRUARY 20, 2002 7:30 a.m. GOLF TOURNAMENT - CARLTON OAKS GOLF COURSE, SANTEE 6:00 a.m. -12:00 p.m. PRE -CONFERENCE SESSION Getting Beyond the Debits and Credits - Policy Implications of GASS 34 David R. Bean/David N. Miliican/Kevin W. Harper, CPA 11:3Q,�.rn. -1;0q p.m,t;,BOX LUNCH IN THE EXHIQIT HAI1' Interworkings of Sacramento Achieving Effective Business Process Improvements Networking 2:15 p,m. - 2:30 _ 0�; . t., ¢.'fix. .4. _t R 4j�,, Illl'!'.0•�' �177I^.fR \ .' x�4 y.Y{,,,�1 , _ g.�;. �'" rL'r.R667'x!L��1:`ia'?i ., , SS f."" x,."r..F`iiYN.a di["'r}x.h t'b�a71'r'�`.aee�,.it'�k': '.+�+^r�',7l1'.Ya•^r. 'i+i'.- Hot Topic E-Government Strategies Computer Fraud Deferred Compensation 4:00 p.m. - 5:00 p.m. COMMITTEE MEETINGS 6:00 p.m. - 8:00 p.m., RECEPTION IN F.XHISIT.HAI.L w h Check ® One THURSDAY - FEBRUARY 21, 2002 IQ M,m., ° QPEN,a REMARKS CiQrmrli ' IRspQrtsl Flap Cpm!"onyll lent and the Mavor of San Dieao 9:30 a.m. - 9:45 a.m. BREAK 9:45 a.m.-11:115 a.m., KEYNOTE SESSION Leadership Steve Farber 11:15 a.m. -11:45 a.m. BREAK IN'EXHISIT HAL 11:45 a.m-1;3R Rm."t.(1NCH SPEAKER C°mgw ltior t si thQ MessaS0 Awoss Dick Butterfield ` (over) 141 NOTE: THIS IS A PRELIMINARY AGENDA ONLY AND IS SUBJECT TO CHANGE. 004 2002 CSMFO ANNUAL CONFERENCE Preliminary Agenda Checklist i-nM+inoie.i► THURSDAY - FEBRUARY 21, 2002 (Continued) • Peck y''4 1�45 p:m-'.3A0# CONCURRENT�SESSIONS (seyled.one) Assessment and Special Tax Districts Update Leading In Times of Conflict Hot Topic Budgets and Performance Measures 3:00 p.m. - 3:15 p.m' BREAK , p W , 1%-gio�` iNCURRENT SESSIONS (select+onej�i- °: �, ti• . ',., t 1,1r,;'ha � 4� . ,,;,? , .t+w r.� i How to Prepare an Award Winning Budget Personal Balance Dealing with the Media Dick Butterfield GASB 34: for Special Districts; for Redevelopment Agencies; and others Internal Controls 4:45 p.m. - 5:45 p.m. MEMBER INVOLVEMENT 6:30 p.m. -10:30 p.m BAREFOOT BEACH BASH Check ® One FRIDAY- FEBRUARY 22, 2002 7:00 a.m. - ss:00 &m. , TAI CHI 9 00 s.m. ":10'15 tLft` GENERAL SESSION W Updab Ott A 10:15 a.m. -10:30 a.n_w BREAK GGNGCJRRENT:SESSIONS&(selectone)4,- \�•!ti'+T. , � .Ctp .li 4r.if ct, � .....,,... .F ��.?r.w'MANYE`: , ri'Y.►f..,.f"'o'.iv, r;+4'7eA%!�d"�i+. .. .q1r .4ny,•;{, ., �. GASB Update Finance Legislation; Hot 12:00 p.m. 2:00 P.M.LUNCH W"i - Life i abn"o ^ 14 `' NOTE: THIS IS A PRELIMINARY AGENDA ONLY AND IS SUBJECT TO CHANGE. 005 COUNCIL/RDA MEETING DATE: December 4, 2001 Adoption of a Resolution Accepting a Cash Donation from Rutan and Tucker for the Employee Recognition Banquet RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 49. STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting a cash donation from Rutan and Tucker for the Employee Recognition Banquet. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 27, 2001, Rutan and Tucker provided the City of La Quinta with a cash donation of $750.00 to be used for the Employee Recognition Banquet. This donation will be used for the purchase of door prizes. The Banquet will be held on December 8, 2001, at the La Quinta Mountain and Dunes Club House. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting a cash donation from Rutan and Tucker for the Employee Recognition Banquet; or 2. Do not adopt a Resolution of the City Council accepting a cash donation from Rutan and Tucker for the Employee Recognition Banquet; or 143 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager 08/11 /99 S:\CITYMGR\CCSHELL.WPD 141 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A CASH DONATION FROM RUTAN & TUCKER, FOR THE EMPLOYEE RECOGNITION BANQUET WHEREAS, on November 27, 2001, Rutan & Tucker generously made a cash donation of $750 to the City, for the Employee Recognition Banquet to be held December 8, 2001, at the La Quinta Mountain and Dunes Club House in La Quinta, California; and, WHEREAS, the gift was donated to the City and its personnel and was not given to or limited to the use of any particular employee or official; and, WHEREAS, it is in the best interest of the City to accept the donation and to direct the City Manager to control distribution of the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . The City of La Quinta hereby accepts the cash donation of $750. 2. The City Manager is hereby directed to control distribution of said cash donation. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of December, 2001, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 14 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California 146 COUNCIL/RDA MEETING DATE: December 4, 2001 Adoption of a Resolution Accepting a Round of Golf for Four individuals from Nickerson and Associates for the Employee Recognition Banquet RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /3 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting a round of golf for four individuals from Nickerson and Associates for the Employee Recognition Banquet. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 30, 2001, Nickerson and Associates provided the City of La Quinta with a round of golf for four individuals to be used for the Employee Recognition Banquet. This donation will be used as a door prize. The Banquet will be held on December 8, 2001, at the La Quinta Mountain and Dunes Club House. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council accepting a round of golf for four individuals for the Employee Recognition Banquet; or 2. Do not adopt a Resolution of the City Council accepting a round of golf for four individuals from Nickerson and Associates for the Employee Recognition Banquet; or 147 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager 08/1 1 /99 S:\CITYMGR\CCSHELL.WPD 14`)' RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A ROUND OF GOLF FOR FOUR INDIVIDUALS FROM NICKERSON AND ASSOCIATES, FOR THE EMPLOYEE RECOGNITION BANQUET WHEREAS, on November 30, 2001, Nickerson and Associates generously made a donation of a round of golf for four individuals to the City, for the Employee Recognition Banquet to be held December 8, 2001, at the La Quinta Mountain and Dunes Club House in La Quinta, California; and, WHEREAS, the gift was donated to the City and its personnel and was not given to or limited to the use of any particular employee or official; and, WHEREAS, it is in the best interest of the City to accept the donation and to direct the City Manager to control distribution of the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . The City of La Quinta hereby accepts the donation of a round of golf for four individuals. 2. The City Manager is hereby directed to control distribution of said donation. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of December, 2001, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 14 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California 15-6 COUNCIL/RDA MEETING DATE: December 4, 2001 Adoption of a Resolution Accepting a Cash Donation from Rosenow Spevacek Group Inc. for the Employee Recognition Banquet RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 1-4 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting a cash donation from Rosenow Spevacek Group (RSG) for the Employee Recognition Banquet. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 27, 2001, RSG provided the City of La Quinta with a cash donation of $350.00 to be used for the Employee Recognition Banquet. This donation will be used for the purchase of door prizes. The Banquet will be held on December 8, 2001, at the La Quinta Mountain and Dunes Club House. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting a cash donation from RSG for the Employee Recognition Banquet; or 2. Do not adopt a Resolution of the City Council accepting a cash donation from RSG for Employee Recognition Banquet; or 151 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager 08/1 1 /99 S:\CITYMGR\CCSHELL.WPD 1511 _ RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A CASH DONATION FROM ROSENOW SPEVACEK GROUP, INC., FOR THE EMPLOYEE RECOGNITION BANQUET WHEREAS, on November 27, 2001, the Rosenow Spevacek Group Inc., generously made a cash donation of $350 to the City, for the Employee Recognition Banquet to be held December 8, 2001, at the La Quinta Mountain and Dunes Club House in La Quinta, California; and, WHEREAS, the gift was donated to the City and its personnel and was not given to or limited to the use of any particular employee or official; and, WHEREAS, it is in the best interest of the City to accept the donation and to direct the City Manager to control distribution of the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . The City of La Quinta hereby accepts the cash donation of $350. 2. The City Manager is hereby directed to control distribution of said cash donation. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of December, 2001, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 153 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California 1a T a 0 4ty', 4 4 a" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 4, 2001 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of City Council Reorganization, PUBLIC HEARING: Selection of Mayor Pro Tern to Serve a Term as Provided by Resolution No. 98-109 RECOMMENDATION: Select a Mayor Pro Tern to serve a term as provided by Resolution No. 98-109. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The provisions of Resolution No. 98-109 (Attachment 1) require that in accordance with Government Code Section 36801, the Council shall meet on the Tuesday after each general municipal election and choose one of its members as Mayor Pro Tempore. Each selection shall be by three or more affirmative votes, and a failure to achieve such total of affirmative votes shall be deemed a selection of the incumbent to remain in office. Each person so selected shall serve until a successor is chosen (at any time) by three or more affirmative votes, provided that at the second regular meeting in November of each odd numbered year, the office of Mayor Pro Tempore shall automatically be reconsidered by the Council. Council Member Stanley Sniff was elected by the Council to serve as Mayor Pro Tem in November 1999 and re-elected to serve as Mayor Pro Tern in November of 2000. The City Council is required to select a Mayor Pro Tern again this year, since it is an odd numbered year. 15 FINDINGS AND ALTERNATIVES• The alternatives available to the City Council include: 1. Select a Mayor Pro Tern to serve a term as provided by Resolution No. 98-109; or 2. Do not select a Mayor Pro Tem to serve a term as provided by Resolution No. 98-109; or 3. Provide staff with alternative direction. Respectfully submitted, Ju S. Greek, CIVIC - City Clerk Approved for submission by: 0 /:5�2 Thomas P. Genovese, City Manager Attachments: 1. Resolution No. 98-109 RESOLUTION NO. 98-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES. WHEREAS, Section 2.04.040 of the La Quinta Charter and Municipal Code requires that the City Council adopt Rules of Procedure to govern the conduct of its meetings and any of its other functions and activities, and regulations pertaining thereto; WHEREAS, this resolution supersedes City Council Resolutions No. 93-95, No. 95-30, No. 96-26, No. 97-79, and No. 98-68A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta that Rules of Procedure for City Council meetings and related functions and activities are hereby adopted, to read, as follows: PURPOSE: The purpose and intent of the City Council in adopting the within -`- rules shall be to provide directory guidelines relating to the conduct of the public business by or on behalf of the City Council, and in the event of any noncompliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law. 11 l 1.1 REGULAR MEETINGS: The City Council of the City of La Quinta shall hold regular meetings in the place specified in the Municipal Code, on the first and third Tuesdays of each month at 2:00 p.m. with public hearings being scheduled for 7:00 p.m. When the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on that day; rather, such meeting shall be held at the same hour on the next succeeding day thereafter that is not a holiday. 1.2 ADJOURNED MEETINGS: Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. 15� 003 Resolution No. 98-109 10/6198 Page 2 1.3 SPECIAL MEETINGS: Special Meetings may be called by the Mayor or majority of Council Members on 24-hour notice, as set forth in Section 54956 of the Government Code of the State of California. Only matters contained in the notice may be considered and no ordinances (other than urgency ordinances) may be adopted. Notice of special meetings shall be posted in accordance with Section 1.4. 1.4 NOTICE OF MEETINGS. POSTING OF AGENDAS: The City Clerk, or designee, shall post a meeting agenda in the following three locations at least 72 hours before each regular meeting of the City Council, to wit: (1) the bulletin board in front of the Civic Center; (2) on a public bulletin board located at Albertson's Supermarket on Highway 1 1 1; and (3) the Chamber of Commerce Village office. The City Council finds and determines that all locations are freely accessible to the public and the Council further finds and determines that the City is legally required to post an agenda only at the Civic Center location and this direction to post in all locations is directory only and not mandatory. Following posting of said agenda, the City Clerk or designee, shall sign a declaration of the date and place of the posting of the said agenda and shall retain said declaration of posting as a public record as part of the Council meeting record to which the posting relates. The provisions of this section as to place of posting and declaration of posting shall also apply to the special meeting posting requirements of Government Code 54956. To the extent not required by State law, the provisions hereof are directory only. 1.5 QUORUM: Unless otherwise provided for in the Municipal Code, a majority of the Council shall be sufficient to do business and motions may be passed 2-1 if only 3 attend. The following matters, however, require three affirmative votes: (a) adoption of ordinances, (b) resolutions granting franchises, and (c) orders for payment of money. If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random selection, or by such other impartial and equitable means as the Council shall determine, that number of its disqualified members which, when added to the members eligible to vote, shall constitute a quorum. 15� 004 Resolution No. 98-1 09 ..., 10/6/98 Page 3 1.6 MEETINGS TO BE PUBLIC: Study Sessions and all regular, adjourned or special meetings of the City Council shall be open to the public, provided, however, the Council may hold closed sessions from which the public may be excluded, which closed sessions shall only be held in accordance with the provisions of the Brown Act (Government Code 54950 etc.). 1.7 CLOSED SESSION MINUTES: Pursuant to Section 54957.2 of the California Government Code, the City Clerk of the City of La Quinta may be required to attend closed session of the City Council and keep and enter in a minute book a record of topics discussed and decisions made at each meeting. The confidentiality of such minutes shall be maintained pursuant to the Government Code. -- 2.1 AGENDA: The Order of Business of each meeting shall be as contained in the Agenda prepared by the City Clerk. The Agenda shall be a listing by topic of the subjects which shall be taken up for consideration in the following order: CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL *PUBLIC COMMENT CLOSED SESSION *PUBLIC COMMENT CONFIRMATION OF AGENDA APPROVAL OF MINUTES ANNOUNCEMENTS PRESENTATIONS *WRITTEN COMMUNICATION CONSENT CALENDAR BUSINESS SESSION *STUDY SESSION *REPORTS AND INFORMATIONAL ITEMS *DEPARTMENTAL REPORTS 153 005 Resolution No. 98-109 1016198 Page 4 order. *MAYOR AND COUNCIL MEMBERS ITEMS *PUBLIC COMMENT PRESENTATIONS PUBLIC HEARINGS ADJOURNMENT Except with majority consent of the Council, items may not be taken out of * These portions 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, consent calendar or public hearing item on a future agenda. Alternatively, direction could be given to bring back an item for further discussion on a future agenda in any of these highlighted portions of the agenda. 2.2 DELIVERY OF AGENDA: Barring insurmountable difficulties, the Agenda shall ordinarily be delivered to Council Members each Friday preceding the Tuesday meeting to which it pertains. The Agenda shall also be available to the general public at the time it is delivered to the City Council. 2.3 ROLL CALL: Before proceeding with the business of the Council, the City Clerk shall call the roll of the Council Members and the names of those present shall be entered in the minutes. The order of roll call shall be alphabetical with the Mayor called last. 2.4 APPROVAL OF MINUTES: Unless requested by a majority of the City Council, minutes of the previous meeting may be approved without public reading if the clerk has previously furnished each Council Member with a copy thereof. 2.5 PUBLIC HEARINGS: Generally, public hearings shall be conducted in the following order: Hearing opened by Presiding Officer Staff presentation Questions of Staff by Council 16 () Resolution No. 98-109 1 oisr9s Page 5 Public testimony opened by Presiding Officer Public testimony Hearing closed Questions by Council Discussion by Council Action by Council Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda, and the number of persons desiring to speak on an issue, the Presiding Officer may, at the beginning of the hearing, limit testimony, but in no event to less than 3 minutes per individual. Any person may speak for a longer period of time, upon approval of the City Council, when this is deemed necessary in such cases as when a person is speaking as a representative of a group or has graphic or slide presentations requiring more time. Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the City Attorney shall advise the City Council in this regard. 2.6 PUBLIC COMMENT: Pursuant to Government Code 54954.3, each agenda for a regular meeting shall provide an item entitled "Public Comment". The purpose of such item shall be to provide an opportunity for members of the public to directly address the City Council on items of interest to the public that are within the subject matter jurisdiction of the City Council. In order to assure that the intent of Government Code 54954.3 is carried out, three (3) minutes is the amount of time allocated for each individual speaker. Government Code 54954.2 provides that no action shall be taken on any item not appearing on the agenda unless the action is authorized by Government Code 54954.2 (b). On items of public comment or discussion, any matter raised by the public which does not specifically appear on the agenda shall, upon direction of any Council Member, be automatically referred to the staff or placed on the next meeting's agenda. It is hereby determined that such requests or direction by a Council Member shall not be considered action taken by the Council on said item raised by the public. Further, Council discussion of the matter shall not be considered action taken. 2.7 CONSENT AGENDA: Items of routine nature, and non -controversial, shall be placed on the consent agenda. All items may be approved by one blanket motion upon unanimous consent. 161 007 Resolution No. 98-109 10/6/98 Page 6 Prior to, or following review of the consent agenda by the City Manager, any Council Member may request that any item be withdrawn from the consent agenda for separate consideration. However, any Council Member may abstain from voting on any consent agenda, and the City Clerk shall be instructed to record such abstentions in the minutes. a 3.1 PRESIDING OFFICER: The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and the Mayor Pro Tempore, the senior Council Member shall preside. If there are two Council Members with equal seniority, then the one who received the highest number of votes in the election shall be the Presiding Officer. In accordance with Government Code Section 36801, the Council shall meet on the Tuesday after each general municipal election and choose one of its members as Mayor Pro Tempore. Each selection shall be by three or more affirmative votes, and a failure to achieve such total of affirmative votes, shall be deemed a selection of the incumbent(s) to remain in office. Each person so selected shall serve until a successor is chosen (at any time) by three or more affirmative votes, provided that at the second regular meeting in November of each odd numbered year, the office of Mayor Pro Tempore shall automatically be reconsidered by the Council. 3.2 CALL TO ORDER: The meeting of the Council shall be called to order by the Mayor, or in his/her absence, by the Mayor Pro Tempore. In the absence of both the Mayor and the Mayor Pro Tempore, the meeting shall be called to order by the senior Council Member as determined in Section 3.1, who shall serve as Presiding Officer. 3.3 PARTICIPATION OF PRESIDING OFFICER: The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members, and he shall not be deprived of any of the rights and privileges of a Council Member by reason of his acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he desires to personally engage in extended debate on questions before the Council, he should consider turning the Chair over to another member. 16 11: Resolution No. 98-109 10/6/98 Page 7 3.4 QUESTION TO BE STATED: The Presiding Officer shall verbally restate each question immediately prior to calling for the vote. Following the vote the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. 3.5 SIGNING OF DOCUMENTS: The Mayor, or Mayor Pro Tempore, or Acting Presiding Officer, in the absence of the Mayor, shall sign ordinances adopted by the City Council. The City Clerk, or Deputy City Clerk, shall attest to the signature of the Mayor, Mayor Pro Tempore, or the Acting Presiding Officer. 3.6 MAINTENANCE OF ORDER: The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair. 4.1 POINTS OF ORDER: The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. 4.2 DECORUM AND ORDER - COUNCIL MEMBERS: (a) Any Council Member desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself to the question under debate. (b) A Council Member, once recognized, shall not be interrupted while -- speaking unless called to order by the Presiding Officer; unless a Point of Order is raised by another Council Member; or unless the speaker chooses to yield to questions from another Council Member. ls� 009 Resolution No. 98-109 1016/98 Page 8 (c) Any Council Member called to order while he is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he shall be permitted to proceed. If ruled to be not in order, he shall remain silent or shall alter his remarks so as to comply with rules of the Council. (d) Council Members shall accord the utmost courtesy to each other, to city employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. (e) Any Council Member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Council shall require him to so act. (f) Except where specifically authorized by City Council action or for purely ceremonial purposes, no Council Member attending a City commission or committee meeting shall make any statement or give the appearance or indicate in any way that he or she is representing the City. When making a comment at such a meeting, the Council Member should make it clear that he or she is speaking solely as an individual. Unless officially appointed to participate on a committee, Council Members should make an effort not to insert themselves into or take positions on matters which will or are likely to be the subject of public hearings or will be decided upon by the City Council after considering the entire issue. 4.3 DECORUM AND ORDER - EMPLOYEES: Members of the administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall ensure that all City employees observe such decorum. Any staff members, including the City Manager, desiring to address the Council or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Council Member or member of the public. 4.4 DECORUM AND ORDER - PUBLIC: Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending the Council meeting shall be removed from the room if the sergeant -of -arms is so directed by the Presiding Officer, and such person may be barred from further audience before the Council. 16 �, 010 Resolution No. 98.109 10/8/98 Page 9 Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Presiding Officer, who may direct the sergeant -of -arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. 4.5 ENFORCEMENT OF DECORUM: The head of the City's police agency or designee shall be ex -off icio sergeant -of - arms of the Council. He shall carry out all orders and instructions given him by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Upon instructions from the Presiding Officer, it shall be the duty of the sergeant -of -arms or his representative to eject any person from the Council Chambers or place him under arrest or both. As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the Council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. 4.6 PERSONAL PRIVILEGE: The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned or impugned. 4.7 CONFLICT OF INTEREST: All Council Members are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the Council. Any Council Member prevented from voting because of a conflict of interest shall refrain from debate and voting and will be considered absent. Such Council Member may choose to leave the Council Chamber during debate and voting on the issue. 16 Oil Resolution No. 98-109 1016/98 Page 10 4.8 LIMITATION OF DEBATE: No Council Member normally should speak more than once upon any one subject until every other member choosing to speak thereon has spoken. No member shall speak for a longer time than five minutes each time he has the floor, without approval of a majority vote of the Council. 4.9 DISSENTS AND PROTESTS: Any member shall have the right to express dissent from or protest to any action of the Council and have the reason entered in the minutes. If such dissent or protest is desired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reasons ... " 4.10 PROCEDURES IN ABSENCE OF RULES: In the absence of a rule herein to govern a point or procedure, Robert's Rules of Order, Newly Revised, shall be used as a guide. 4.11 RULINGS OF CHAIR FINAL UNLESS OVERRULED: In presiding over Council meetings, the Mayor, Mayor Pro Tempore or temporary Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the Council Members present and voting. 31MMr*; ► , 5.1 MANNER OF ADDRESSING THE COUNCIL: Any member of the public desiring to address the Council shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he shall state his name and address for the record. All remarks and questions shall be addressed to the Chair and not to any individual Council Member, staff member or other person. During a public hearing, all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. 16 012 Resolution No. 98-109 1016/98 Page 11 5.2 TIME LIMITATION: For time limitation applicable to public hearings and public comment, see Sections 2.5 and 2.6. 5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE: After a motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission by a majority vote of the Council. 5.4 LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS: The making of oral communications to the Council by any member of the public during the "Public Comments" portion of the agenda shall be subject to the following limitations: -- At any time, before or after the oral communication is commenced, the Presiding Officer may if he deems it preferable, direct that the communication be made instead either to the City Manager or other appropriate staff member during regular business hours, or in writing for subsequent submittal to Council Members. 5.5 PERSONS AUTHORIZED TO BE WITHIN PLATFORM: No person except City Officials shall be permitted behind the City Council dais without permission or consent of the Presiding Officer. pt IT-911 • 1 1-1 6.1 PROCESSING OF MOTIONS: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. 6.2 MOTIONS OUT OF ORDER: The Presiding Officer may at any time, by majority consent of the Council, permit a member to introduce an ordinance, resolution, or motion out of the regular agenda order. 16'7 013 Resokition No. 98-109 10I6198 Page 12 6.3 DIVISION OF QUESTION: If the question contains two or more divisional propositions, the Presiding Officer may, and upon request of a member shall (unless appealed), divide the same. 6.4 PROCEDURE OF MOTIONS: When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: (a) Adjourn (b) Fix hour of adjournment (c) Table (d) Limit or terminate discussion (e) Amend (f) Postpone 6.5 MOTION TO ADJOURN: (not debatable) T' A motion to adjourn shall be in order at any time, except as follows: (a) When repeated without intervening business or discussion. (b) When made as an interruption of a member while speaking. (c) When discussion has been ended, and vote on motion is pending, and (d) While a vote is being taken. 6.6 MOTION TO FIX HOUR OF ADJOURNMENT: Such a motion shall be to set a definite time at which to adjourn and shall be debatable and shall be amendable by unanimous vote. 6.7 MOTION TO TABLE: A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. 014 16 Resolution No. 98-109 10/6138 Page 13 6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 6.9 MOTION TO AMEND: A motion to amend shall be discussed only as to the amendment. A motion to amend an amendment is possible but no additional motions to further amendments may be made. Any amendment shall relate to the original motion and not introduce a different matter. Amendments shall be voted first, then the main motion as amended. Alternatively, the original maker of the main motion may agree to revise the original motion and if the second agrees to second the revised motion, the Council may vote on the main motion as revised. • ;;• 7.1 VOTING PROCEDURE: In acting upon every motion, the vote shall be taken by electronic voting. In the event the electronic voting machine is not functioning, the vote shall be taken by roll call. The vote on each motion shall then be entered in full upon the record. The order of voting shall be alphabetical with the Mayor voting last. The Clerk shall call the names of all members seated when a roll call vote is ordered or required. Members shall respond 'aye', 'no' or 'abstain'. Every ordinance and any resolutions or orders for franchises or payments of money require three affirmative votes. Any member may change his vote before the next order of business. 7.2 FAILURE TO VOTE: A Council Member who abstains due to reasons of conflict shall, for purpose of the item under consideration, be considered as if absent. A Council Member abstaining for reasons other than conflict shall, be counted as present for purposes of a quorum and such abstentions are counted with the majority. A Council Member who leaves the dais solely to avoid participating in a specific item shall, in absence of a conflict, be counted as if they were present but abstaining and such abstentions are also counted with the majority. Resolution No. 98-109 10/6198 Page 14 7.3 RECONSIDERATION: Any Council Member who voted with the majority may move a reconsideration of any action at the same meeting or, within seven (7) calendar days, request to the City Manager or City Clerk that it be agendized for consideration at the following meeting. if the seventh calendar day falls on a holiday, then the deadline shall be the next business day. If the motion to reconsider passes then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements. After a motion for reconsideration has once been acted upon, no other motion for a reconsideration thereof shall be made without unanimous consent of the Council. 7.4 TIE VOTES: Tie Votes shall be lost motions unless an additional motion is made which obtains a majority vote to break the tie. When all Council Members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal. If a tie vote results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council. Notwithstanding the above, if a tie vote results at a time when one or more Council Member(s) are abstaining for reasons other than conflict of interest then, in that instance, the abstention vote shall be counted in favor of the motion thereby breaking the tie vote. e 1. 8.1 DEFINITIONS: As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long-term application) are taken by ordinance, whereas more routine business and administrative matters (usually more temporary and transitory in nature) are accomplished by "resolutions". The term "resolution" in its generai sense will denote any action taken affirmatively via a vote of the Council, other than one taken by ordinance. As used in this City, however, three terms are in general use to denote such (non -ordinance) actions: "resolution", "minute order", and " motion" (thereafter recorded by minute entry). Technically, all three are equally as --- legally effective and binding; they just vary in the formality of respective memorialization. The most formal is referred to locally as a "resolution". This, in addition to being referenced in the minutes, will be recorded by a separate document, 016 Resolution No. 98-109 1016198 Page 15 numbered in sequence and preserved in a separate set of books. Such "resolutions"are used in this City for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional "whereas" explanatory material it often recites) to facilitate such future reference and research. A "minute order" as used locally denotes a Council action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. However, sequential numbering shall be assigned to each motion to facilitate indexing. 8.2 RESOLUTIONS PREPARED IN ADVANCE: Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed in Section 7.1, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may require that the resolution be read in full. 8.3 RESOLUTIONS NOT PREPARED IN ADVANCE: Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Manager or the City Attorney to prepare a resolution for presentation at the next Council meeting. 8.4 URGENCY RESOLUTIONS: In matters of urgency, a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in 8.2 above shall be followed. Urgency resolutions shall be avoided except when absolutely necessary; and shall be avoided entirely when resolutions are required by law, in improvement acts, zoning matters, or force account work on public projects. Where the resolution has been drafted in written form, either before or during the meeting, this paragraph shall not be deemed applicable. 17 017 Resolution No. 98-109 1016l98 Page 16 9.1 INTRODUCTION AND ADOPTION OF ORDINANCES: Ordinances shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. 9.2 EFFECTIVE DATE: All ordinances, except as provided in Section 36937 of the Government Code, -- shall take effect 30 days after adoption, but may be made operative at such later date as may be designated in the ordinance. 9.3 PUBLISHING: It shall be the duty of the City Clerk to post or publish all ordinances in accordance with section 36933 of the Government Code within 15 days after adoption. 10. POLITICAL ACTIVITIES (A) Council Members shall not use, or attempt to use, their position, office or authority to influence, aid or obstruct any City employee from securing any position, nomination, confirmation or promotion, or change in compensation or position in the City upon consideration or condition that the vote or political influence or action of such person or another shall be given or used in behalf of, or withheld from, any candidate, officer, or party, or upon any other corrupt condition or consideration. This prohibition shall apply to urging or discouraging the individual employee's action. (B) A Council Member or candidate shall not, directly or indirectly, solicit political funds or contributions, knowingly, from other officers or employees of the local agency or from persons on an employment list of the City, with the Resolution No. 98-109 10/6198 Page 17 knowledge that the person from whom the contribution is solicited is an officer or employee of the City. This section shall not prohibit the Council Member from requesting political contributions from officers or employees of the City if the solicitation is part of a solicitation made to a significant segment of the public which may include officers of employees of the City. (C) No Council Member or candidate shall engage in political activity during working hours in City officers or work areas where such activity would disrupt the workplace. For purposes of this section, City offices or work areas includes the areas behind the public counters, but excludes the Council Chambers and Council Member offices. 11. RULES DIRECTORY To the extent not required by State laws, these rules of procedure shall be considered directory only; and compliance herewith shall not be considered mandatory or jurisdictional. PASSED, APPROVED and ADOPTED this 61h day of October 1998 by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None r JOH ENA, luaVor City of La auinta, California Resolution No. 98-109 1016198 Page 18 ATTEST: ;AUNDRA" L. JUFfOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: d,,, (? d, , , , a,12 DAWN C. HONEYW LL, City Attorney City of La Quinta, California I7 - k 020 T 0 0 jhf 4 4 a" AGENDA CATEGORY: `� OF THE BUSINESS SESSION: on.. COUNCIL,/RDA MEETING DATE: December 4, 2001 CONSENT CALENDAR: ITEM TITLE: Consideration to Authorize Staff to STUDY SESSION: Receive Bids for the Montero Estates Sound Wall, PUBLIC HEARING: Project No. 2000-12 Authorize staff to advertise and receive bids for the Montero Estates Sound Wall, Project No. 2000-12. The following represents the available funding and funding sources: Funding Source Infrastructure Transportation DIF Total: Amount Expended to Date: Amount Remaining: Amount Budgeted $ 98,177.00 $900,000.00 $ 998,177.00 ($89,664.00) $ 908, 513.00 Based upon the Engineer's estimated construction costs in the amount of $735,800.00, the following represents the probable project construction budget: Design Balance $35,000.00 Construction $735,800.00 Inspection/Testing $71,740.50 Administration $36,790.00 Contingency $29,182.50 Total: $ 908, 513.00 As illustrated, adequate funding is available to support staff's recommendation. 17, TAMDEPT\COUNCIL\2001 \01 1204e.wpd This project is funded entirely with local Development Impact Fees. The project will be bid without prevailing wage requirements. The City may realize some savings in construction costs. In October 1996, Gordon Bricken & Associates, Acoustical and Energy Engineers, prepared an analysis of all sound study reports completed for Washington Street including the area fronting Montero Estates. On February 16, 1999, a Study Session was conducted to discuss the sound attenuation along Washington Street fronting the Montero Estates tract. During the Study Session it was decided that additional clarifications were necessary to determine the type of mitigation that would be required along Washington Street to insure noise reduction within Montero Estates to levels indicated in the City's General Plan. On March 16, 1999, the City Council authorized Korve Engineering to proceed with an acoustical analysis of the Montero Estates for road noise from Washington Street and Avenue 50. The analysis was completed by Gordon Bricken & Associates and the report was presented to the City Council on June 11, 1999. Gordon Bricken's analysis concluded that a sound wall ranging from 10 to 12 feet high would be required along the west side of Washington Street, and a sound wall up to 8 feet high would be required along the north side of Avenue 50, in order to provide sufficient sound attenuation. If other sound attenuation measures were provided, the height of the sound wall may be decreased. In March 2000, the City Council approved a rubberized asphalt overlay for Washington Street and Avenue 50 as a pilot project to determine the noise attenuation value of rubberized asphalt. Gordon Bricken & Associates was contracted to complete traffic counts, noise level measurements and effects (if any) of the rubberized asphalt overlay. On March 8 and 9, 2000, Gordon Bricken & Associates completed traffic counts and noise level studies at four locations (prior to the placement of rubberized asphalt), two along Washington Street and two along Avenue 50, all fronting the Montero Estates Development. On March 29 and 30, 2000, noise measurements were again completed by Gordon Bricken & Associates (after the placement of rubberized asphalt) at the same locations as the March 8 and 9, 2000 noise measurements. T:\PWDEPT\C0UNC1L\2001\01 1204e.wpd 176 On April 10, 2000, Gordon Bricken & Associates completed a report summarizing the effects of the rubberized asphalt overlay. In the report, Mr. Bricken states, "The rubberized treatment produced at least a 4 dBA reduction in the CNEL values at the two locations on Washington Street. The rubberized treatment did not produce any reduction in the CNEL values on Avenue 50." On September 19, 2000, City Council authorized staff to distribute a Request for Proposal (RFP) for the design of the Montero Estates Sound Wall, Project No. 2000- 12. During the December 19, 2000 City Council meeting, the City Council was provided a status report on the City's Capital Improvement Program (CIP). This report included a schedule for all of the existing CIP projects including the Montero Estates Sound Wall. In order to expedite the design and bidding of the Montero Estates Sound Wall, the City Council, by consensus, directed the City Manager and staff to choose a design alternative for the Montero Estates Sound Wall. This alternative would be brought forward to the City Council for final approval. On April 3, 2001, the City Council approved a Professional Services Agreement (PSA) in the amount of $70,998 with the firm, Harris & Associates to prepare the plans, specifications, and engineer's estimate for the Montero Estates Sound Wall Improvement Project No. 2000-12. On August 7, 2001, the City Council approved the "Berming and Sound Wall" concept for the Montero Estates Sound Wall and approved Contract Change Order No. 1 in the amount of $8,390.00 to the Harris & Associates' Professional Services Agreement (PSA) to prepare the Plans, Specifications, and Engineer's Estimate (PS&E) to landscape and add pilasters to the Sagebrush Sound Wall. Staff was directed to secure bids for both 6-foot and 8-foot high walls and to include enhancements to the wall at the corner of Washington Street and Avenue 50, and to include the wall extensions beyond the two entrances into Montero Estates. On November 19, 2001, a meeting was conducted with both the Casita's I and Casita's II Home Owners Associations. The purpose of the meeting was to review the proposed improvements and receive input regarding the removal of the existing perimeter walls, the removal and replacement of interior/exterior landscaping and irrigation, and the architectural appearance of the sound wall. The following representatives from Montero Estates were in attendance: TAMDEMCOUNCIL\2001 \01 1204e.wpd 0 F ' �/ Tom Rolapp, Vice -President, Casita's II Mark Dallanegra, Vice -President, Casita's I/President , Montero Estates General Fund Betty Hartz Smith, Secretary, Casita's II Vicky Johns, Homeowner Jim Montgomery, Homeowner Bob Winkles, Homeowner Alyce Schmid, Homeowner Jacques Ables, Homeowner As of the writing of this report, the plans, specifications and engineer's estimate (PS&E) are approximately 90% complete. Harris & Associates is incorporating design information into the plans received at the homeowners meeting. The project will be bid with two base bid areas and one additive alternate bid area. Base bid area number 1 includes the construction of a two foot berm and a six foot sound wall that results in an 8 foot sound barrier from the top of curb on Washington Street and a six foot sound barrier from the top of curb on Avenue 50. Additive alternate 1 raises the height of the wall by 2 feet and creates a 10 foot sound barrier along Washington Street and a 8 foot barrier along Avenue 50. The wall will match the appearance, in both color and style, of the perimeter wall at Duna La Quinta. Base bid area number 2 provides for the construction of pilasters, change in color, and landscaping and irrigation modifications to the existing wall along Washington Street, between Sagebrush and Saguaro. The proposed modifications are intended to change the appearance of the existing wall to match, to the extent possible, the proposed Montero Estates Sound Wall. While the plans and specifications are not 100% complete at this time, staff fully expects those documents to be ready for bidding purposes before the next City Council meeting. Subsequently, staff is recommending the City Council authorize staff to advertise and receive bids for the proposed improvements as soon as the City Engineer determines the plans to be complete. The plans and specifications (90% design submittal) are available for review within the Public Works Department. Considering City Council authorization to receive bids on December 4, 2001, the following represents how the project is expected to proceed: Authorization to Receive Bids December 4, 2001 Bid Period December 2001 - January 2002 Approve Plans and Award Construction February 2002 T:\PWDEPT\COUNC1L\2001\01 1204e.wpd 0 U Construction Period Accept Improvements February 2002 - May 2002 The alternatives available to the City Council include: June 2002 1 . Authorize staff to advertise and receive bids for the Montero Estates Sound Wall, Project No. 2000-12; or 2. Do not authorize staff to advertise and receive bids for the Montero Estates Sound Wall, Project No. 2000-12; or 3. Provide staff with alternative direction. Respectfully submitted, Steven D. Spe r, P.E. Interim Public A16rks Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager TAMDEMCOUNCIL\2001 \01 1204e.wpd 'q jJ �a � � ✓� t S_S` � O�. Montero Estates Homeowners La Qulnta, CA. 92253 -3272 760 771 0195 - Fax 760 564 4597 +++++++++++++t+t+++++f+++++++++++++t++++++++++++++++++++++++++++++ -------------------------------------------------------------------------------------------------------------------- March 15, 1999 Mr Mayor and Council members Subject: Noise Abatement of Washington Street Most of the homes in Montero Estates were constructed in the 1970's, when Washing- ton was a two lane road. The traffic noise on Washington was not a problem at that time. Over the years the road has been redesigned to accommodate six lanes of traffic. A Montero Estates Noise Study was compiled by Gordon Bricken & Associates in 1989. The 77 page report states on page 1 item 4, "To achieve a significent Noise Reduction of future impacts a sound barrier should be erected along Washington that would be a minimum of 10 feet, preferably 12 feet in height". This was prepared when there were only 8,500 cars per day on Washington. Another noise study was conducted in the winter of 1998 that reveiled 29,980 cars per day travel Washington, which is a 352% increase from 1989. We believe all La Quinta city officals realize a wall or berm 10' to 12' high needs to be constructed. h r)y,) a •,1 r*7 C ) T 0 4hf 4 �'wa�rw COUNCIL/RDA MEETING DATE: December 4, 2001 AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of the Patriotic Banner PUBLIC HEARING: Program for the Village RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Dependent upon direction from the City Council, the cost to purchase patriotic banners and City banners for the Village area could cost up to $4,010. Funds for this program are available in Fiscal Year 2000-01 Capital Improvement Program, Seasonal Signage Program. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the November 20, 2001 City Council meeting, staff was directed to present information regarding patriotic banners for the Village area for City Council consideration at the next meeting. Staff contacted Display Sales which was the company that supplied the Village Faire banners. The estimated total cost for 42 personalized patriotic banners with two colors of ink is $3,650. Attachments 1-6 provide sample banners with graphics and text. Display Sales staff recommends that the banner material be either red or blue. A white banner does not hold the colors well and the colors "bleed" through to the other side. The two ink colors will be either red or blue and white. Each of these designs can be produced with either a red or blue background and the colors of the graphics can be reversed. For example, in Attachment 1, the background could be red, and the stripes of the flag could be blue, with the words either blue or white. Once a design has been selected, it will take 21 days to receive the banners. Once 181 the banners are received, they will be installed on the light poles in the Village area. Staff is seeking direction as to the number and location of banner placement. 42 banners advertising Village Faire were purchased to be hung on the 21 light poles located throughout the Village. The same number of patriotic banners can be ordered and placed in the same location, or a different number of banners can be ordered and placed in various locations throughout the Village. Attachment 7 provides a layout of the Village light pole locations on Calle Estado. This layout may be used to identify banner locations should the City Council decide to display the banners in a different manner than the Village Faire banners. An option the City Council may wish to consider is purchasing four City banners, as provided in Attachment 8 to be hung on light poles 9 and 13, as outlined in Attachment 7. The City banners would provide an entry notification to the Village as well as a contrast to the patriotic banners. The proposed text "Welcome to the Village of La Quinta" can be modified to present a message the City Council deems appropriate. The cost for the City banners is approximately $90 each. In order to have the city seal and text on both sides, the banner material is white vinyl. A gold fringe can be added to the banner, on all four sides. Should the City Council so desire to purchase four City banners, the cost would be approximately $360. The total cost for the patriotic banners and City banners would be $4,010. Additional seasonal banners will be presented for City Council consideration at a later date. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Select one patriotic banner theme and City banner and authorize the expenditure of funds in the amount of $4,010 to purchase 42 banners to be placed throughout the Village; or 2. Select one patriotic banner theme and authorize the expenditure of funds to purchase up to 42 banners to be placed at various locations in the Village; or 3. Do not select a patriotic banner theme and/or City banner; or 4. Provide staff with alternative direction. sp ctfull submitted, tk Dodie Horvit munity Services Director A ved for submission b Thomas P. Genovese, City Manager Attachments: 1-6: Banner Samples 7. Calle Estado Light Pole Layout 8. City Banner Sample S:\Community Services\CCReports\CC.170.Banner Program.wpd ` L� ��4 �.r�'`t -e i:+ s'� ;+�tr� g -- t� -.'� � ?ic. -_ic 4 ' -e a a. y,• a ,,,n:r•r r � r ier ti —%fir at'� r r r ?'�" :».�5r � -. .aE-r Sq- p Y x ,�^ 3a,�. -✓* 4 '�cv`r � �-t'S. z "T• 't Y �' C'}` -;c` � � y �� " yeti � ,'.r•' x 4 ; � .' t �, "_ �,,�„ � .. ',.V 1' � 7 1'i ak if- �J '1- ' a.:" r. 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I ATTACHMENT 7 f1j) O O n a w a z N f.,kj 183 10 ATTACHMENT 8 MIr COUNCIL/RDA MEETING DATE: December 4, 2001 Consideration of Entering Into a Purchase Agreement with Family Heritage Church for Approximately 1 .6 Acres of Land for the Purpose of Constructing the City's Third Fire Station RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute the necessary documents to initiate and complete the purchase of approximately 1.62 acres at the northwest intersection of Miles Avenue and Adams Street and appropriate $1 10,000 from the City's Infrastructure Fund, Account # 225-000-300-290, for the purchase. FISCAL IMPLICATIONS: The Agreement would result in the following fiscal impacts: Acquisition Costs The Agreement provides that the City pay $100,000 for the property and closing costs for both the City and Seller which will not exceed $10,000. Right of Way Improvement Costs The Agreement provides that the City would assume responsibility for the right of way improvements adjacent to the remainder of the Church's property. The cost associated with the improvements is estimated at $95,000. The right of way improvements will be constructed in conjunction with the development of the fire station. The funding appropriations for the station construction and the Adams Street improvements will be included as part of the Fiscal Year 2002/03 Capital Improvement Program. It is anticipated that funding sources for the fire station and the Adams street improvements will be derived from remaining Infrastructure Funds and an amended Development Impact Fee (DIF), which will include a fire station element. The City Council will be asked to consider the amendment adding a fire station component to the DIF in the near future. 191 CHARTER CITY IMPLICATIONS: Construction for the fire station may be funded with 100% locally generated infrastructure and development impact fees. The City of La Quinta is not required to advertise the proposed improvements with prevailing wage requirements. Cost savings may be realized during the construction phase of the Project. BACKGROUND AND OVERVIEW: On September 18, 2001 the City Council directed staff and consultants to commence negotiations with the Seller to determine if an acceptable transaction could be negotiated between the City of La Quinta (Buyer) and Family Heritage Church of the Valley, Inc. (Seller). If an agreement on price and terms were reached, and fell within the City Council's parameters and the Seller received approval from its congregation to move forward with the sale of the excess land, staff and consultant were instructed to move forward in conjunction with the City attorney and prepare a draft "Agreement of Purchase and Sale and Joint Escrow Instructions" for the parties to review. The draft Agreement is currently being routed to the Seller for their comments which will be incorporated into the document and finalized by the City Attorney. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to execute the necessary documents to initiate and complete the purchase of approximately 1.62 acres at the northwest intersection of Miles Avenue and Adams Street and appropriate $1 10,000 from the City's Infrastructure Fund, Account # 225-000-300-290, for the purchase; or 2. Do not authorize the City Manager to execute the necessary documents to initiate and complete the purchase of approximately 1.62 acres at the northwest intersection of Miles Avenue and Adams Street and do not appropriate $1 10,000 from the City's Infrastructure Fund, Account # 225-000- 300-290, for the purchase; or 3. Provide staff with alternative direction. 19r' Respectfully submitted, Tom Hartung, Director of Building and Safety Approved for Submission by, - "Thomas P. Genovese, City Manager T4tyol 4�Q�w AGENDA CATEGORY: BUSINESS SESSION: 46 COUNCIL/RDA MEETING DATE: December 4, 2001 CONSENT CALENDAR: STUDY SESSION: Consideration of a Funding Request PUBLIC HEARING: from the Bob Hope Chrysler Classic RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The Bob Hope Chrysler Classic is requesting $40,000 from the City of La Quinta to assist with security and law enforcement costs associated with the Bob Hope Chrysler Classic golf tournament taking place January 14-20, 2002. Funds for this event were not budgeted in the Fiscal Year 2001-2002 budget. If the Council chooses to provide funding to the Hope Classic, funds could be allocated from the 2001 Local Law Enforcement Block Grant ($26,704 available), the Special Projects Contingency ($38,430 balance), Police Services — Special Enforcement Funds ($89,272 balance) or the General Fund Emergency Reserve. CHARTER CITY IMPLICATIONS: The City Charter and its principles of home rule allow the City sufficient flexibility to fund this project for security/law enforcement purposes, or "to utilize revenues from the General Fund to encourage, support and promote economic development." Golf events may be considered a good source of advertising by putting forth the City's name, thus helping the City gain name recognition. BACKGROUND AND OVERVIEW: The City of La Quinta received a letter, dated November 15, 2001 (Attachment 1), from the Bob Hope Chrysler Classic requesting an amount of $40,000 to assist with security and law enforcement costs for the 2002 Bob Hope Chrysler Classic golf tournament. The City contributed to the 1999 tournament ($10,000) and the 2000 tournament (also $10,000) with an allocation of Special Enforcement Funds. Last year, the request was $25,000 for the 2001 tournament, and represented an increase of $15,000 from previous years. The increased funding, as stated by the Hope Classic, was required for provision of additional traffic control needed on 194 Jefferson Street due to the construction. The City Council approved the $25,000 request, and it was funded mostly by 2001 LLEBG funds and supplemented by the General Fund. This year's $40,000 funding request represents a $15,000 increase from last year. The Bob Hope Chrysler Classic states that the increase is due to the need for "more stringent security measures, requiring additional law enforcement and security personnel" given the tragic events of September 11. The Sheriff's Department has confirmed that the Professional Golfers Association (PGA) is requiring additional security measures be implemented for the 2002 tournament, particularly in the areas of protection for celebrities, players and their children. The Sheriff's Department indicates the Classic was billed $90,788.47 in 2000 and $80,466.93 in 2001 for security. The security performed by the Sheriff's Department represents only one component of an overall security plan, however. The Classic indicates that the security budget for the 2002 golf tournament is estimated at $150,000 and involves items such as general security/law enforcement by the Sheriff's Department, private security for the celebrities/players, and nighttime security at all four golf courses. The total security budget for the 2000 tournament was $135,000; for the 2001 tournament it was $137,790. If the City Council elects to provide funding for the Bob Hope Chrysler Classic in the requested amount of $40,000 or an alternate amount, a funding source will need to be identified. Possible funding sources include: 2001 LLEBG, Special Project Contingency, Special Enforcement Funds, or the General Fund Emergency Reserve. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a funding request from the Bob Hope Chrysler Classic in an amount determined by the City Council and approve a funding source as deemed appropriate by the City Council; or 2. Do not approve a funding request from the Bob Hope Chrysler Classic; or 3. Provide staff with alternative direction. Respectfully submitted, s 195 Mark Weiss, Assistant City Manager Approved for submission by: �"'e� Pas P. Genovese, City Manager Attachment: 1. Letter from Bob Hope Chrysler Classic dated November 15, 2001 196 O ATTACHMENT 1 OFFICERS: BOB HOPE CHAIRMAN OF THE BOARD STEVE MORTON PRESIDENT AND TOL RN.AMENT CHAIRMAN JOHN M. FOSTER FIRST VICE PRESIDENT AND ASST. TOURNAMENT CHMN. ROBERT P. BRENNAN TREASURER ERNIE DUNLEVIE SECRETARI DONALD B. POOLEY ASST. SECRETARY/TREASURER DIRECTORS: ROBERT P. BRENNAN JOHN CURCI TONY DEL GIORGIO DAN DUNLAP ERNIE DUNLEVIF JOHN EGER JOHN E. EVENSON JOHN M.FOSTER ROBERT J. FRAIMAN JERRY GONER JOHN LANE VICTOR LOBUE. Jr. STEVE MORTON DAVID PEAT DONALD B. POOLEY WILL.IAM T. POWERS BRAD QUAYLE JAMES R. REED WILLIAM G. SALATICH EUGENE WEISBERG TOURNAMENT DIRECTOR MICHAEL MILTHORPE ADMINISTRATIVE DIRECTOR DAWN SUGGS BOB MOPE CHRYSLER CLASSIC Post Office Box 865. Rancho Mirage, California 92270 Bob Hope Classic Building, 39000 Bob Hope Drive. Rancho Mirage. California 921270 (760) 346-8184 • 1-888-MR B HOPE • FAX (760) 346-6329 Web Site: www.bhcc.com • E-Mail InfoCa bhcc.com • bhccadminCatop?host.com CC: QUra,�� C November 15, 2001 /�n tmexJ Hon. John Pena Mayor of the City of LaQuinta Post Office Box 1504 LaQuinta, CA 92253 Dear Mayor Pena: The Bob Hope Chrysler Classic is grateful for the continuing support and cooperation it has received from the City of LaQuinta in producing our annual tournament. This support has enabled us to continue our contribution to the organizations and agencies caring for the most vulnerable members of our community. Last year, in view of the incomplete construction on Jefferson, the City contributed $25,000 toward our law enforcement and security costs. This year, because of the recent tragic events so profoundly affecting our country, we, the PGA Tour and the Riverside County Sheriff will be implementing more stringent security measures, requiring additional law enforcement and security personnel. We anticipate that these added costs will be significant. We, therefore, respectfully request the sum of $40,000 to assist in these additional requirements. We look forward to meeting with you and the other members of the City Council to discuss our request. Sincerely, Michael E. MY ilthorpe Tournament Director h'9I 19 197 9n '115 REPORT/INFORMATIONAL ITEM: IV. 1VA VI. CULTURAL ARTS COMMIS ION MINUTES November 1, 2001 CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Shamis presided over the meeting. Commissioner Reynolds led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Denise Diamond Commissioner Else Loudon (Arrived at 7:02 p.m.) Commissioner Elaine Reynolds Commissioner Rosita Shamis (Chairperson) MEMBERS ABSENT: Commissioner Dan Baxley STAFF PRESENT: Dodie Horvitz, Community Services Director PUBLIC COMMENT CONFIRMATION OF AGENDA CONSENT CALENDAR A. Approval of Minutes of October 11, 2001 It was moved by Commissioners Reynolds/Diamond to approve the Consent Calendar. Unanimous. PUBLIC HEARING - None BUSINESS ITEMS A. Cultural Arts Symposium Commissioner Shamis gave an overview of the Cultural Symposium's progress and what has been done so far for the Symposium to be offered on Saturday, November 3, 2001 at the La Quinta Civic Center from 1:00-5:00 p.m. Commissioner Shamis asked everyone to call as many people as they know and invite them to the Symposium. Ms. McBride has arranged for "Condor", a musical group that will play for the entire event. S:\Community Services\CAComm\CACMIN.11-01-0l.wpd 198 Commissioner Shamis invited past Commissioners to attend the event. The Commission agreed that thank you cards should be sent to participants by the Riverside Arts Council. Due to the presenters leaving town right after the presentation, there will be no dinner on Saturday evening. B. RFP for the Community Park Fence and Sign Staff presented the park site plan and explained that there will be a wrought iron fence along Adams Street and a portion of Westward Ho Drive. This would be a valuable Art in Public Places location as that intersection is heavily used. Commissioner Reynolds requested that the artist that designed the Desert Willow Resort fence along Country Club Drive be invited to participate in the RFP process. Commissioner Shamis stated that she likes the visible location of the park site. Commissioner Diamond stated that she would like to see the RFP invite the imagination of the artist to include mixed media. The Commission decided to allow the artists to present their ideas along with a budget for consideration rather than setting a pre -determined amount for the project. It was motioned by Commissioners Loudon/Reynolds to submit to the City Council a recommendation to issue an RFP for the Community Park fence and sign. Unanimous. C. 20' Anniversary Celebration Musical Group Commissioner Shamis presented information regarding the Side Street Strutters, with a charge of $4,500 per performance. Commissioner Shamis is concerned that the venue at the High School would be adequate for this group. Commissioner Diamond recommended a local band "Garage Maj Hal" be considered, as they play 70's music, which would appeal to a wide variety of the audience. After some discussion, it was motioned by Commissioners Diamond/Reynolds that the La Quinta High School band and Garage Maj Hal will be recommended for consideration by the 20' Anniversary Celebration Committee. Unanimous. D. Attendance at the 20' Anniversary Celebration Committee Meeting It was motioned by Commissioners Reynolds/Diamond that Commissioner Loudon attend the 20th Anniversary Celebration Committee meetings until Commissioner Shamis returns. Unanimous. E. Temporary Art Locations The Commissioners reviewed the list previously presented by the Art in Public Places Commission for possible locations for art work. Commissioner Shamis stated that she liked corner locations due to the visibility. Commissioner Reynolds would like to wait until the major projects are complete before beginning a new project. Commissioner Shamis would like to see the Museum have an Art in Public Places piece. 1" SACommunity Services\CAComm\CACM1N. 11 -0 1 -0 l.wpd Commissioner Diamond would like to see some connectivity between Washington and Hwy. 1 1 1 by providing artwork along Washington Street as an entrance statement to La Quinta. She would like to see art work on the corners of Fred Waring and Washington and Miles and Washington, to create a picture for the City. Commissioner Diamond believes it is the responsibility of the Commission to "guide' the development of the Art in Public Places program in the City. Commissioner Shamis would like to see temporary art in the Village. Commissioners Diamond, Loudon and Reynolds like the idea of placing art at the intersections of Washington and Miles, but would like to see what type of development goes in there first. Commissioner Diamond would like to see the corner o f Calle Tampico and Bermudas as a location for temporary art. Perhaps the median of Avenida Barcelona and Calle Tampico also could contain temporary art. It was motioned by Commissioners Diamond/Loudon to have the Commissioners take a tour of these locations and report back at the next meeting. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS VIII. COMMISSIONER ITEMS A. Next Meeting: Commissioner Diamond will be unable to attend the next meeting on December 13 and asked that the meeting be moved to December 20. The Commission agreed. IX. ADJOURNMENT It was moved by Commissioners Loudon/Reynolds to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:24 p.m. NEXT MEETING INFORMATION December 20, 2001 7:00 PM La Quinta Civic Center Study Session Room Next agenda: • 20tr' Anniversary Celebration Musical Group • Attendance at the 20" Anniversary Celebration Meeting • Temporary Art Locations Submitted by: Dodie Horvitz, Ctunity Services Director a S ACommun`ty SServicesTACommTACMIN.11-01-0l .wpd Q 03 � �,, DEPARTMENT REPORT: I -A Lod-, c 4 Ivco nnTM OF T TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager /fT DATE: December 4, 2001 RE: Department Report - Response(s) to Public Comments The following is the response to public comments made at the November 20, 2001 City Council meeting: 1 . Ms. Maddy Waters, 81-150 Avenue 53, spoke regarding her concern that she may not be able to continue spraying chemicals on her grape fields because of a new development next to her property. Ms. Waters asked the City Council to consider requiring a buffer zone for the new development. • Ms. Waters was informed that the subject would be considered during tonight's Public Hearing. No additional response was necessary. 201 DEPARTMENT REPORT: 3 - A CITY COUNCIL'S UPCOMING EVENTS DECEMBER 5 SPECIAL JOINT CITY COUNCIUPLANNING COMMISSION MEETING DECEMBER 7 VILLAGE FAIRE EVENT DECEMBER 8 ANNUAL EMPLOYEE AWARDS BANQUET DECEMBER 11 HOLIDAY OPEN HOUSE IN COURTYARD DECEMBER 18 CITY COUNCIL MEETING JANUARY 3 CITY COUNCIL MEETING JANUARY 4 VILLAGE FAIRE EVENT JANUARY 15 CITY COUNCIL MEETING FEBRUARY 5 CITY COUNCIL MEETING FEBRUARY 8 VILLAGE FAIRE EVENT FEBRUARY 19 CITY COUNCIL MEETING MARCH 5 CITY COUNCIL MEETING MARCH 8 VILLAGE FAIRE EVENT MARCH 19 CITY COUNCIL MEETING 20 ) December 2001 Monthly Planner Printed by Calendar Creator Plus on 11/29/2001 203 January 2002 Monthly Planner Su .. ond ay TuesdayWednesday ..y Friday Saturday 1 2 3 4 5 Rdim10:00 AM ALRC 12:00 PM Mayors December 01 Lunch S M T W T F S �' 2:00 PM City Council Meeting 2 3 4 5 6 7 8 New Years Day 9 10 11 12 13 14 15 (City Hall 16 17 18 19 20 21 22 CLOSED) 23 24 25 26 27 28 29 30 31 6 7 8 9 10 11 12 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM Energy/ Mosquito Abate. Pena Envi-Sniff -Perkins 5:30 PM Invest- 7:00 PM Cultural 7:00 PM Planning ment Advisory Arts Commission Commission Board Meeting 13 14 15 16 17 18 19 10:00 AM Public 9:00 AM CVB- 3:30 PM Historic Safety -Perkins Henderson Preservation 12:00 PM Transp. 2:00 PM City Commission -Perkins Council Meeting 6:00 PM League of Cities-Riv.Div. 7:00 PM Commu- nity Services Commission 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM CVAG 9:00 AM LAFCO- Luther IVMartin Commission Human/Comm- Henderson King Holi- Meeting Adolph day (City 4:00 PM DRRA Hall CLOSED) Airp-Henderson 27 28 29 30 31 6:00 PM CVAG- Exec Com-Pena February 02 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Wpm, fln� Printed by Calendar Creator Plus on 11/29/2001 201 February 2002 Monthly Planner 1 2 January arc S MT W T F S S MT W T F S 1 2 3 4 5 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 17 18 19 20 21 22 23 20 21 22 23 24 25 26 24 25 26 27 28 29 30 27 28 29 30 31 y 31 3 4 5 6 7 8 9 2:00 PM City 10:00 AM ALRC Council Meeting 10 11 12 13 14 15 16 10:00 AM Public 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM Energy/ Safety -Perkins Mosquito Abate. Pena Envi-Sniff 12:00 PM Transp. -Perkins 5:30 PM Invest- 7:00 PM Cultural -Perkins 7:00 PM Planning ment Advisory Arts Commission 6:00 PM League Commission Board of Cities-Riv.Div. Meeting A* 7:00 PM Commu- nity Services Commission Valentines Day 17 18 19 20 21 22 23 President's 9:00 AM CVB- 3:30 PM Historic Day (City Henderson Preservation Hall 2:00 PM City Commission CLOSED) Council Meeting 24 25 26 27 28 6:00 PM CVAG- 7:00 PM Planning 12:00 PM CVAG 9:00 AM LAFCO-- .. Exec Com-Pena Commission Human/Comm- Henderson ht Meeting Adolph�'` 4:00 PM DRRA Airp-Henderson a Q% Printed by Calendar Creator Plus on 11/29/2001 0 9-A i / I MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Steven D. Speer, Interim Public Works Director/City Engineer DATE: November 26, 2001 RE: Public Works/Engineering Department Report for the Month of October, 2001 Attached please find the following: 1. Summary of Citizen Request reports received; 2. Summary of Graffiti reports received; 3. Plan Check Applications received; 4. Encroachment Permits received; 5. List of Capital Improvement Project status. Steven D. 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O to co a 0 0 N N O z cl 0 w U a w a Q a a w p p °- O w O w O O O w z m _ _ _ _ _ w V- e- � N N N N ~ O O O O CDO O Q O CO fm N N N N N CL CO (D V- x N O N O N CC)O W CD O O O F- Z O O N O O O O O O 2 O ui O O O LO Q «O � N N O W It W LL } 00 } H Y % O Cn LL O Z LL > Z w-1 0m oz CD W W a�w OQw O0 z� Ww zw_ �N WOH �a-Q ma� �z w �� 0~ OAF- z~O =-i �zJ wp g Z a W p N w W Q> j J w W W 0 F- 00 o zm �a oW- LL°W a►a-0 apg way _ IL aaJ Wm= ft(nw O�Q wzL` F-00< wwo w0 W WZ O Wa ZZ� Z�U J W aaF- �_� wO C� woo =tea �O 0 w LwH �za `n~z W �Z WZ o0< �Za.(n 0 �F-W O00 Z� c (n0 (n0 UzU 0Of WpU pofcn F-LLF- aL, ZF= wz �m aF-0 paw mLLW zip LO �g Q° Wa �� w� a-om =W� wM w�q� 0wwUUQzZ LL JOZW wLL n LL w z 0>U Q awZ 0a z UF- �0 Z 0 zoo U)rn gwa w0 z a a � V 2V =z �-1 ItV� �C�w =�U OF- UD �w a p� U�w zzm U}of z� 0 0� �_ U' CD 02Z ate= o-1� N� C� 0 U000 WO U;p OU WX O WX 0 w} W LLJ a Zo� ww0 ti=o wwP �o� ��2 gaa °Z� J aaa = Jw UUz = Jw an.a z�0 2�� a0p a Ua� zaa Ua� �ww aw- UWU zUm q wJco a>U mcnp p>U wmM (nO> 0_j 0 p a 2Q`Y' OU w O U w 2a Ixw C) �LOU HU a>m F-U dp >0 cnr- w N (D c� M � M M cM LO 2 c') n Z T 0 0 0 0 0 0 0 0 W 04 04 N N N 0000 a -- N p O O O O O O O 'O O n 0 n k w & k W CL / / z « q q q q o 0 N CL w b N o k G � 2 . O R ce) / CV) a o w 04 w LL � Z k COwy LO qm� S� eW< zw «� QOLL /w0 /®0 w< O Wko 2(D "tw2 E /� � F0-1 0 U �LLF- 3:o F-2Z D q0� (D� »QR 22W 3 « U k0® �� f « OIW EUE 0U) m 2U2 ƒ �wq k w 0« 9 . �wz OD� �� R ZRM. ƒ�ƒ Rƒ7 p 000 22 �XZ U U q\ W« w �� /z�c k W- 0w< ( zom OwR W fi « DO CL & �hR bƒ �0T w-0 3ƒE Q 22 zc k q CO k 7 � � k n n n § 2 / _ - - w � o Clf) = � c � () ATTACHMENT 5 C/P STA TUS UPDA TE Granite Construction is continuing on the completion of "punch list" items on Jefferson Street. Traffic signals at Avenue 48 and Avenue 50 were activated the week of November 19, 2001. City staff and representatives of CVWD have finalized the reimbursement agreement for CVWD to complete the L-3 pump station relocation. CVWD will be the lead on the project with payments made by CVAG. There will be no cost to the City of La Quinta for this work. The relocation of the L-3 pump station is required to allow the ultimate widening of Jefferson Street north of Ave. 49 and directly south of Ave 48. The City of Indio has dedicated land adjacent to the L-3 station to the Bureau of Reclamation for the relocation of the pump station; has removed CVWD from their condemnation action; and will enter a joint use agreement with CVWD prior to CVWD allowing the temporary relocation of the irrigation facilities. Without the temporary relocation, the ultimate improvements to Jefferson Street south of Ave. 48 and north of Ave. 49 cannot be completed. City staff will continue working with representatives of Indio and CVWD to resolve this issue. City staff and the City's construction manager, Vali Cooper, are working with representatives of Granite Construction on issues regarding time extensions/delays and project close-out. Most of the improvements are completed with the exception of the final striping and pavement markings. The contractor must complete a second coat of paint. The light standards have been installed and are activated. One of the light standards located on the north side of Calle Estado was damaged by a large delivery truck. Granite Construction has been directed to complete the repairs to the light standard, along with all of the other "punch list" items. The City staff has completed the work to place bollards on the south end of Mendoza (on the north side of the alley and west of the museum) to close the street to through traffic. A striping plan has been completed and implemented to provide seven parking stalls on Mendoza from Montezuma to the closure at the alley. T:\PWDEPT\CIPDIV\CIP Updates\2001\Novemberupdate.wpd /1 l.J The City's Construction Manager has sent letters to all of the property owners requesting comments or concerns regarding their private property that may have been affected by the project. This will provide the City with additional opportunity to rectify legitimate concerns. Granite Construction is behind schedule and has not provided a completion date at this time. The City's Construction Manager and City staff are evaluating the project specifications, delays, and 'As -Built" schedule to determine legitimate time extension and the extent of the liquidated damages that will be assessed to the contractor. Much of the work has now been completed. Punch list items must still be completed. The City's Construction Manager has sent letters to all of the property owners requesting comments or concerns regarding their private property that may have been affected by the project. This will provide the City with additional opportunity to rectify legitimate concerns. Granite Construction is behind schedule and has not provided a proposed completion date at this time. The City's Construction Manager and City staff are evaluating the project specifications, delays, and "As -Built" schedule to determine legitimate extension of contract time and the extent of the liquidated damages that will be assessed to the contractor. Area D is complete except for a few minor "punch list" items still outstanding. These items will be completed prior to final acceptance by the City. The City's Construction Manager has sent letters to all of the property owners requesting comments or concerns regarding their private property that may have been affected by the project. This will provide the City with additional opportunity to rectify legitimate concerns. The mini park is planned behind the sound wall at Saguaro, Sagebrush, and Bottlebrush. This project was awarded to Ray Lopez Associates during the May 1, 2001 City Council meeting. The plans for this park are being completed. It is anticipated that the park will be completed by late December/early January. The landscaping and proposed sound wall aesthetic amenities have been addressed along with the Montero Estates sound wall project. Harris and Associates will complete a landscaping plan and a design to add pilasters to the existing sound wall that are T:\PWDEPT\CIPDIV\CIP Updates\2001\Novemberupdate.wpd consistent with the improvements to the Montero Estates Sound Wall. This will be bid along with the Montero Estates Sound Wall project. Phase I has been completed and accepted by the City Council on November 20, 2001. Bids were opened on October 24, 2001 at 10:00 a.m. During the City Council meeting of November 20, 2001, a contract for construction of Phase I was awarded to Terra -Cal Construction, Inc., of Baldwin Park, California. Construction is anticipated to begin in mid January 2002. The project is specified as a 180 day project. City staff requested approval of an RFP for construction management services during the October 16, 2001 City Council meeting. Proposals have been received and staff will be prepared to make a recommendation to Council for consideration at the December 18, 2001 City Council meeting. On December 5, 2000, the City Council awarded a design contract to The Keith Companies (TKC) to design various sidewalk and street improvements throughout the City. These include a low water crossing at Avenue 50, sidewalk along the west side of Washington Street from Avenida La Fonda to Avenue 52, sidewalk along the north side of Sagebrush Drive, paved sidewalk from Saguaro to Avenue 50 on the east side of Washington Street, paved sidewalk on the north side of Avenue 50 from Washington Street to connect to the existing sidewalk fronting the Sports Complex, and sidewalk and street improvements along Westward Ho and Dune Palms Road in conjunction with an SB 821 grant. The City has received a grant to construct bicycle lanes on Calle Tampico, Park Ave., and Ave. 50. An Amendment has been negotiated with the Keith Companies to design the bicycle lanes as part of the sidewalk project. This will provide a construction cost savings as well as a time savings to both projects. The City Council approved the plans, specifications, and engineer's estimate and authorized staff to bid the project on June 19, 2001. The City has received approval signatures from the City of Indio (Dune Palms), and CVWD (Low Water Crossing on Ave 50). Construction bids were received by the City on September 24, 2001. A contract was awarded to Contreras Construction TAMDEPT\CIMMCIP Updates\2001\Novemberupdate.wpd / i0 1 Company of Coachella. Construction operations commenced on November 26, 2001, starting at the Sagebrush sidewalk. This project has a 90 contract duration. The City Council approved this concept on December 19, 2000 and authorized the City Manager to enter into the MOU contingent upon the City Attorney's approval as to the form. When the City Council initially approved this concept, representatives of the Tradition were proposing to take the lead. Since that time, the Tradition has requested that the City take the lead. A new MOU was approved during the May 15, 2001 City Council meeting with the City as the lead. This work will be completed as part of the citywide sidewalk project that is planned for the west side of Washington Street between Ave. La Fonda and Ave. 52. Bids were opened on September 24, 2001. This project was included in the scope of work awarded by Council on October 16, 2001 as Project 2000-4 Citywide Street and Sidewalk Improvements. The City Council awarded the contract to DBX, Inc. on June 19, 2001 with the construction having commenced October 2001. Barring any unforeseen conditions, this project should be completed in late December 2001 or early January 2002, depending on delivery time of the signal poles and controller cabinets. This signal will utilize Light Emitting Diodes (LEDs) for the red phase, green phase, and pedestrian crossings. During the April 3, 2001 Council meeting, the City Council awarded the design project to Harris and Associates. The Consultant has completed new sound studies and three conceptual designs for City Manager and staff review and approval. Per the City Council's direction, a design concept was chosen by the City Manager and staff based on noise attenuation requirements and aesthetics. This one concept was approved by the City Council during their August 7, 2001 Council meeting. Harris and Associates has been provided with the City Council's direction and is in the process of finalizing the plans and specifications. The wall will extend to the limits of the Montero Estates boundaries and will consist of a six foot wall on a two foot berm, with an additive alternate to place an additional two feet of block on the wall for an eight foot wall on a two foot berm. A community identification element will be designed into the wall, at the north west corner of Washington Street and Ave 50, consistent with the corner wall identification at Duna La Quinta. TAMDEPT\CIMMCIP Updates\2001\Novemberupdate.wpd n �. 4j Harris and Associates will also complete a design upgrade to the sound wall extending from the south side of Sagebrush to the south property boundary of the lot south of Saguaro. This will provide landscaping and pilasters consistent with the Montero Estates Sound Wall. Harris and Associates has provided an updated project schedule indicating that final plans, specifications, and engineer's estimate will be completed in November 2001. It is anticipated that the approval of the final plans and authorization to bid will be in December 2001, project award in January 2002, with construction beginning in February 2002. This is a 90 day project with completion anticipated in May 2002 (barring any unforseen conditions). During the April 17, 2001 Council meeting, the City Council awarded the design of this project to Harris and Associates. The project will rehabilitate the existing pavement on Washington Street from 1700 feet north of Avenue 50 to Simon Drive, and on Eisenhower Drive from Washington Street to Coachella Drive. The construction plans and specifications are 98% complete and could be expedited for authorization to advertise for competitive bids at the December 4, 2001 City Council meeting. However, an expedited schedule with December 4th as the next milestone translates to a 20-day bid circulation period that pushes the contract award date to early January with construction starting later that month or in early February. Given the extensive impact this project will have on traffic, staff is adjusting the project schedule by two months so construction will start on April 1 st instead of February 1 st. Not only will the City's street rehabilitation project significantly impact traffic, there two other significant projects in the immediate vicinity that will also impact traffic which are expected to be under construction during parts of the early time period if the City does not delay its project; such as the street widening/reconstruction work on Washington Street associated with La Quinta Court (ie LG's & Jensens), and Lennar Homes' offsite sewer and water mainlines in Eisenhower Drive. A contract consultant was selected and the City Council awarded the design/build contract to Ray Lopez Associates during the May 1, 2001 City Council meeting. The design is now underway. The consultant has indicated in the preliminary schedule that the parks will be completed by early January 2002. The City Council approved a contract with Peter Urbon on October 3, 2000. It was anticipated that Mr. Urbon would provide the obelisks to the City for installation by TAMDEMCIMMCIP Updates\2001\Novemberupdate.wpd r) by 0 ►W 1 November 2001. Mr. Urban contacted City staff and explained that due to health reasons, he has fallen behind schedule in completing the obelisks. During the April 3, 2001 City Council meeting, the Council approved an amendment to change the material and style of lettering on the obelisks. The artist is proceeding with the construction of the obelisks. City staff met with representatives from Indio, CVAG, and RBF to discuss the proposal for the final design of the Jefferson Street Project from Highway 111 to Indio Boulevard. STIP funding and Measure A funding were discussed. RBF will complete a feasibility study to determine whether a bridge should be constructed over the Whitewater Channel and if Jefferson Street, from Westward Ho to the Channel, should be constructed as a four lane or six lane facility. This feasibility study has not been commissioned pending a final determination as to which entity will serve as the phase II "Lead -Agency." RBF will complete the Project Study Report (PSR) and the EIS for the project. Since STIP funding will be utilized (Federal funding), the EIR under the CEQA provisions is no longer applied. The environmental provisions must now comply with National Environmental Protection Act (NEPA). The Cities of La Quinta and Indio, the County of Riverside, and CVAG are presently reviewing RBF's proposal prior to proceeding. Funding for the City's portion of this work has been identified in the CIP for the year 2000/2001. This funding did not take into account a bridge over the Whitewater Channel. The feasibility study that will be completed by RBF will address a bridge over the Whitewater Channel. CVAG has money identified in the Measure A program and has been discussing utilizing State Transportation Improvement Program (STIP) funds for this project. The County of Riverside and the City of Indio are also participating; however, the status of their funding is unknown. The City of La Quinta was successful in an RCTC Call for Projects for STIP Discretionary funding for the Jefferson Street Bridge. The City was awarded $963,000 to be utilized as part of the City's 25% share for the bridge. Discussions are now taking place to determine which agency will act as lead on the project. The design plans are being completed by David Evans and Associates (DEA) and are 95 % complete. City Council has approved the landscaping for the roundabout and the landscaping pallet for the median. City Council also approved removing the landscaping in front of the Citrus and replacing it with the City pallet as part of this project. City staff has sent a draft MOU to City of Indio Public Works staff outlining shared costs for construction and maintenance of shared median islands, but have not received comments to date. It is anticipated that the plans, specifications, and T:\PWDEPT\CIPDIV\CIP Updates\2001\Novemberupdate.wpd /1 engineer's estimate will be brought forward to the City Council for approval and authorization to bid after the completion of the Jefferson Street Project. CVWD has approved the irrigation plans. This project is identified in the City's CIP for Fiscal Year 2000/2001. An amount of $167,655 has been appropriated under RDA Project Area #1 for these improvements. This project includes the restoration of the lighting system for the southern four courts, installation of dasher boards for roller hockey, and the potential conversion of one court to a basketball court. Electrical plans have been completed and specifications are being developed for the lighting system restoration. It is anticipated that the plans and specifications will be presented to the City Council for approval and authorization to bid in December 2001. City staff is developing an RFP for design services for the potential court conversion and the installation of dasher boards. The Community Services Commission reviewed three concepts for the park at their regularly scheduled meeting on December 11, 2000. After review, modifications were suggested. The consultant, Steve Lang of Purkiss Rose-RSI, revised the plan and presented the project to the City Council during the January 2, 2001 City Council Study Session. City Council made a number of comments during the January 2, 2001 Study Session. Those comments have been incorporated into a Phase Plan that was presented to the City Council on February 6, 2001. The budgeted amount for this project is $2,000,000. The City of La Quinta has received $500,000 of Proposition 12 funds that may be applied to this project, thereby bringing the construction budget to $2.5 million. The City Council approved the Master Plan for the park during the April 3, 2001 City Council meeting. The City Council conducted a public hearing on November 6, 2001 to certify environmental assessment 2001-438 and review the development of an 18.07 acre community park site with various size light soccer fields, two lighted baseball fields, concession stand, restrooms, tot lot, skate park, picnic areas with barbeques, and shade structures. The testimony received from nearby residents indicated concern with the proposed lighting plan, the number of soccer fields, and the appearance that adequate parking is not being provided. The park architect, in conjunction with the lighting consultant, was directed to revise the proposed parking plan and bring recommended changes back to the City Council for consideration at its December 4, 2001 meeting. 2 f� T:\PWDEPT\CIPDIV\CIP Updates\2001\Novemberupdate.wpd �, �� It is anticipated that once the construction documents are approved by the City Council, the proposed award may occur in January or February, 2002. From the award of contract, it is anticipated that the construction period for the park will be 180 days. On November 6, 2001, the City Council, in study session, concurred to go with design alternative "B" of the proposed museum expansion. Design alternative "B" includes an approximate 7,271 square foot, two story, expansion of the existing museum. The architect's preliminary construction estimate for this alternative in $1,203,000. The City Council will further discuss this matter at its December 18, 2001 meeting. The first phase of the consultant selection process has been completed. The Consultant Selection Committee has negotiated contract terms with M.W. Steele, Inc. Staff presented a recommendation for award to the City Council during the meeting of November 6, 2001. T:\PWDEPT\CIPDIV\CIP Updates\2001\Novemberupdate.wpd 2,30 ••o T 0 0 4hf 4 4 a" COUNCIL/RDA MEETING DATE: December 4, 2001 ITEM TITLE: Continued Public Hearing to Certify Environmental Assessment 2001-438 and Review of the Development of an 18.07 Acre Community Park Site With Various Size Lighted Soccer Fields, Two Lighted Baseball Fields, Concession Stand, Restrooms, Tot Lot, Skate Park, Picnic Areas with Barbeques and Shade Structures RECOMMENDATION: Continue the Public Hearing to December 18, 2001. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Staff is continuing to formulate information regarding the La Quinta Park project which was gathered from a public meeting held on November 28, 2001. Additionally, staff continues to work the Consultants from Purkiss-Rose-RSI and Musco in regards to Council member comments of the November 6 City Council meeting. All of the above referenced information will be presented at the December 18, 2001 City Council meeting. Attachment 1 provides the Public Hearing staff report as presented on November 6, 2001. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Continue the Public Hearing to December 18, 2001; or 231 2. Do not continue the Public Hearing; or 3. Provide staff with alternative direction. Respectfully submitted, SWVIfj--Ix Dodie Horvitz mmunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment 1. Public Hearing Staff Report from November 6, 2001 S:\Community Services\CCReports\CC.172.Public Hearing Continuance.wpd 232 002 a T 0 0 4,!t 4 4 Qum& AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 6, 2001 CONSENT CALENDAR: Public Hearing to Certify Environmental Assessment STUDY SESSION: 2001-438, and Review of the Development of an PUBLIC HEARING: 18.07 Acre Community Park Site with Various Size Lighted Soccer Fields, Two Lighted Baseball Fields, Concession Stand, Restrooms, Tot Lot, Skate Park, Picnic Areas with Barbeques and Shade Structures RECOMMENDATION: Adopt a Resolution of the City Council Certifying Environmental Assessment 2001- 438 subject to the Mitigation Program for CEQA Compliance; Adopt a Resolution of the City Council approving Capital Improvement Project 2001- 694, subject to the recommended conditions. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Community Park property is located on the north side of Westward Ho Drive and the east side of Adams Street (Attachment 1). The Redevelopment Agency purchased the 18.66 acre site on June 1, 1990 for a community park. Project History: June 1, 1990: The City of La Quinta's Redevelopment Agency purchased 18.66 acres on the northeast corner of Adams Street and Avenue 46 (renamed Westward Ho Drive) for $933,000 for the purpose of developing a community park site. October 1992: Purkiss-Rose-RSI (consultant) presented a Design Development Report on Community Park North. The name Community Park North was given to this project for identification purposes only. Z 04 �= r S:\Community Services\CCReports\CIP694CommPark.wpd December 1, 1992: The City Council conducted a study session to discuss the Community Park North (park site), at which time staff recommended the design presented by Purkiss Rose-RSI be processed through the Design Review Board and Planning Commission. The Design Review Board, at their December 2, 1992 meeting, recommended approval of the park site plan to the City Council. At the December 8, 1992 Planning Commission meeting, the park site plan was reviewed by the Commission and approved as submitted. January 19, 1993: The City Council accepted and approved the Design Development Report and Master Plan for the park site. Amenities approved in the park design included lighted ball fields, a community center, a walking path, tot lot and a water fall with a stream October 5, 1999: The City Council and Redevelopment Agency approved an agreement with the Coachella Valley Water District to locate a half acre well site on the northwest corner of the park site. January 18, 2000: At the City Council meeting, it was determined the Community Park North Master Plan should be updated to reflect the needs of the community. At this meeting, it was also determined the word "North" should be removed from the name of the park. Hence, the identification label for the park from this date forward is the Community Park. February 1, 2000: The City Council authorized staff to negotiate a Professional Services Agreement with Purkiss-Rose-RSI to update the current Community Park Master Plan. March 7, 2000: The City entered into a Professional Services Agreement with Purkiss- Rose-RSI to provide the Community Park Master Plan update. June 7, 2000: The first public meeting was held on June 7, 2000 in which all residents of La Quinta were mailed a notice regarding a public meeting to be held in order to obtain input regarding the amenities the community would like to see included at the park. Approximately 350 people attended this meeting held at the La Quinta High School Gymnasium. Several amenities were requested by the public including a skate park, dog park, soccer fields, baseball fields and walking path. July 2000: The City Council appropriated $21000,000 from the Parks and Recreation portion of the Development Impact Fees in the 2000-01 Capital Improvement Program to develop the first phase of the Community Park. The City also received notification that the City had been awarded $500,000 from the youth soccer/baseball facilities segment of the Safe Neighborhoods and Parks Bond Act (Proposition 12). These funds can be used only for the design and construction of youth soccer/baseball facilities. 23�j SACommunity Services\CCReports\CIP694CommPark.wpd 0 October 25, 2000: A second public meeting was held with approximately 300 people in attendance. Again, all La Quinta residents were sent a notice regarding this meeting. The amenities listed at the first meeting were repeated at the second meeting. A list of public desires and concerns from both public meetings was complied by Purkiss- Rose-RSI and is provided as Attachment 2. Concerns that were raised from residents adjacent to the park site include the affects the lights and noise from lighted soccer/baseball fields, and a request that the park site include amenities that meet the needs of several elements of the community. November 13, 2000: The Community Services Commission (Commission) reviewed the public meeting desires and concerns. From this list, the Commission provided a list of amenities the Commission would like to see at the Community Park. The minutes from the Commission's meeting are provided as Attachment 3. The Commission also recommended the following amenities be developed in addition to the Community Park site: the City to provide lights at the High School tennis courts instead of building additional courts and develop at least two pet parks: one near the Community Park and one near the Cove. December 11, 2000: From these recommendations, Steve Lang of Purkiss-Rose-RSI developed three concepts for the Commission's review. The Commission reviewed the concepts as presented by Mr. Lang. The concept accepted by the Commission is provided as Attachment 4. At the February 6, 2001 City Council meeting, the City Council provided direction to the Consultant to finalize the Community Park Master Plan with the essential elements and priority one amenities and directed staff to begin negotiations with Purkiss-Rose- RSI to provide Plans, Specifications and Engineer's Estimates. The essential elements required for the park site, independent of amenities include: street improvements on both Adams and Westward Ho, including an additional full traffic lane, shoulder, curb, gutter and sidewalk; off-street parking areas; and a restroom facility. These amenities are identified in the City's General Plan and the Parks and Recreation Master Plan. These documents are on file with the City Clerk's office. On June 5, 2001, the City Council considered an official name for the Community Park site. After some discussion, the official name for the park site was adopted as the "La Quinta Park." October 23, 2001: A public hearing was held by the Planning Commission on October 23, 2001. The Planning Commission certified the Environmental Assessment and approved Capital Improvement Project 2000-694 as provided in Attachment 5. The Planning Commission recommended one item for City Council consideration, that is the number 'of parking stalls provided at the park site. The park site has 221 regular parking stalls and 8 handicap stalls. It was recommended that a Joint Use Agreement 2 SACommunity Services\CCReports\CIP694CommPark.wpd be drawn between the City and Desert Sands Unified School District stipulating the use of the High School parking lot by park users. There are 337 regular parking stalls at the High School and 12 handicap stalls. Submitted as a mitigation measure for parking, section XV (2) has been presented, indicating that no sporting events shall occur after 5:00 p.m. when La Quinta High School has a scheduled home football game. Based upon calculations by the Consultant, using the maximum number of soccer fields multiplied by the maximum number of players, the maximum number of parking stalls needed by park users is 226. There are 229 parking stalls planned for the park site. Staggered scheduling of the planned activities at the park could minimize the need for additional parking at the school site across the street from the park. During baseball season, due to only two official fields existing at the park site, it is anticipated there will be adequate parking. By way of comparison, there are 159 parking spaces at the La Quinta Sports Complex. Staff has contacted High School Personnel regarding the use of the practice football field as parking during special events at the High School, to accommodate the overflow parking generated by these events. Currently, participants of High School special events park on the shoulder of Westward Ho along the undeveloped park site and on neighboring public streets. La Quinta High School staff reported that the practice football field is used for parking on a very limited basis, due to not wanting to impact the turf on the practice field. It was estimated by school personnel that there will be approximately 20 dates a year in which parking will have a severe impact to the area. It is anticipated that overflow High School parking will occur in the parking lot of the park. Project Proposal: General The site is 18.07 acres with the following proposed amenities: Various size lighted soccer fields Two lighted baseball fields Concession stand with restrooms Tot Lot with age appropriate play structures and swing set Picnic area with barbeques and shade structures Skate Park Walking path with exercise stations Site Design: Soccer and Baseball Fields: The park site plan is provided as Attachment 6. The site plan provides for conceptual soccer fields. The actual fields will be laid out according to need by the youth soccer organization. There will be no permanent soccer goals on the park site. All goals will be removed at the end of the day by the youth soccer organization. There are two designated baseball fields that will have permanent backstops, dugouts, bullpens and bleachers. 236 r07 SACommunity Services\CCReports\CIP694CommPark. w.pd The lighting system for the sports fields will be the Musco TLC (Total Light Control) system. The TLC system allows for shields on each light fixture as well as the ability to adjust each light fixture individually. There will be 26 light poles with heights between 40 feet and 80 feet with fixtures from four to fifteen per pole, as provided in Attachment 6. The height of the poles is dictated by the amount of light needed on the field and to mitigate the spill and glare to the neighboring residents. As an example, the higher the pole, the more light with a better focused aim, thereby reducing spill from the light fixtures. The lighting system will be regulated by the Community Services Department via a computer controlled system. The youth sports organizations will submit a light schedule to the Community Services Department at the beginning of the sports season. City staff then sets the light schedule. The lights are scheduled to come on 30 minutes before dusk and are scheduled to turn off no later than 10:00 p.m. per LQMC Chapter 11.44.060 M. There will be a manual override switch installed in the concession stand which will allow the user groups to turn off the lights should the lights not be needed as scheduled. There will be no manual switch accessible to the user groups to turn on the lights. Currently, AYSO (American Youth Soccer Organization) uses the La Quinta Sports Complex Monday through Friday 5:00-9:00 p.m. and Saturday 9:00 a.m. to 1:00 p.m. during the months of September through February. The Palm Desert/La Quinta Football League also uses the Sports Complex from September to December from 5:30-8:30 on Tuesdays and Thursdays. The LQSYA (La Quinta Sports and Youth Association) uses the La Quinta Sports Complex during the months of March to July, and during the hours of 5:00-10:00 p.m. Monday through Friday and 9:00 a.m. to 3:00 p.m. on Saturday. The City sponsored Adult Soccer League currently uses the La Quinta High School Baseball Practice field for games on Sundays from 9:00 a.m. to 3:00 p.m. The Adult Soccer League will use the regulation field at the La Quinta Park once it is completed. A mitigation measure as recommended by the Planning Commission regarding the light impact upon the surrounding neighbors has been added in section 1 (d)(3) in which no lighting shall be permitted for the northernmost three fields on Saturday and Sunday. This will eliminate night games on the northern fields on the weekends. There will be an amplified sound system at the facility. This is monitored by the Community Services Department. The user groups must apply to the Community Services Department for use of the sound system. The sound system at the La Quinta Sports Complex has been used in the past, only two days a year by LQSYA, for opening and closing day of the baseball season. The sound system has been used during daylight hours. 23 ' SACommunity Services\CCReports\CIP694CommPark.wpd 618 Tot Lot: The Tot Lot will be designed according to the current ASTM standards with age appropriate equipment and surfacing. This will include two play structures: one for ages 2-5 and one structure for 5-12 year -olds. The swings will also be designed for age appropriateness. The Tot Lot will meet current ADA standards. Basketball Court: There will be one regulation size concrete basketball court. Barbeque Area and Shade Structures: There will be a designated area for barbeques with a hot ash urn. There will also be picnic tables and a drinking fountain in the area. Skate Park: An area has been designated for a skate park to be located on the park site in the future, as funding becomes available. Walking Path with Exercise Stations: An eight -foot wide natural color concrete broom finish walking path is located around the perimeter of the park site. At various locations along the path there will be exercise stations with self guided directional signs. Bollard type lighting is proposed for the perimeter of the park site, along the walking path. The bollards will be 38 inches tall and emit a downward circular light pattern. Concession Stand and Restrooms: The concession stand is used by the sports groups during the same period of time as the field use. The sports groups are responsible for the cleanliness of the facility. The City of La Quinta contracts with a janitorial service to clean the concession stand and restrooms on a nightly basis. The concession stand meets all Riverside County Health Department regulations and an annual health permit will be obtained. There will be one male and one female restroom facility available to the general public from 6:00 a.m. to 10:00 p.m. daily. Each restroom will have three stalls and one sink. Architecture: The proposed concession stand/restroom/office/storage facility consists of a rectangular shaped, one story 18 foot high building with multiple shed style roofs. The roofs will be covered with "S" tiles. The proposed walls consist of stucco bases with &Tommunity Services\CCReports\CIP6WommPark. wpd 238 the remainder composed of slumpstone block. The office windows, proposed on the north elevation will be fixed single pane with aluminum frames and 2"X8" rough sawn wood surrounds. The concession stand portion of the proposed building, on the east elevation, will have storefront aluminum frame windows with pass-throughs. Metal roll down shutters are proposed for all windows. The proposed multi -panel doors will be of exterior grade metal. A metal roll up door is proposed on the north elevation. A proposed arcade is shown along both the east and south elevations and each will be supported by wood piers with decorative corbels. Above the north elevation arcade will be a painted tube steel grille clerestory. Exposed wood rafter tails are also proposed. The proposed concession stand area will be shaded with a metal trellis. The color of the stucco finish, slumpstone concrete and metal doors will be compatible with the surrounding architecture. Parking: There are no parking requirements provided in the Zoning Code for recreational facilities. Based upon the Consultant's professional estimate, a total of 221 parking spaces along with 8 handicap parking spaces is needed for this site. It is anticipated that during special events, additional parking will be available at the La Quinta High School parking lot located south of the park site. The parking lot will be illuminated with symmetric square shaped full cut off luminaires with an anodized aluminum specular reflector with 400 watt metal halide bulbs on 18 foot high standards. Landscaping: The proposed landscape plan shows a variety of trees surrounding the ball fields. The tree types proposed are Fern Leaf Acacia and Silk trees. The proposed parking lot tree is Mexican Palo Verde with Water Gum trees proposed in the end planters. Carrotwood trees are proposed around the playground. Crepe Myrtle are formally grouped as accent trees at the park entry. Shrubs and groundcover are proposed within the parking lot area. Public Notice: This request was advertised in the Desert Sun Newspaper on October 12, 2001 and mailed to all property owners within 500 feet around the project boundaries. To date, four letters has been received (Attachment 7). Any further comments received will be handed out at the meeting. Public Agency Review: The request was sent out for comment and none were received. S:\Community Services\CCReports\CIP694CommPark.wpd Architectural and Landscaping Review Committee (ALRC) Consideration: The ALRC reviewed this request at its meeting of September 5, 2001, and on a 2-0 vote, adopted Minute Motion 2001-037, recommending approval as submitted, subject to conditions, some of which have been incorporated into this review (Attachment 8). Other issues related to the park site include the utility and maintenance costs associated with the park site. The City pays for all utility costs associated with all City owned parks, including the La Quinta Sports Complex. The costs include water, telephone, gas and electricity. During Fiscal Year 2000-01, the following amounts were expended for utilities at the Sports Complex: Water: $36,000 (estimate based on other park usage) Gas: $1,000 Electricity: $30,000 Telephone: $ 900 (connection to Light Control System) $ 67, 900 It is anticipated that the utility costs for the park site will be comparable to the Sports Complex as both are 18 acres and contain basically the same amenities. The maintenance costs associated with the Sports Complex include the contract with Lundeen Pacific Corporation to provide landscape services, janitorial services, graffiti and vandalism costs and various items requiring maintenance in the snack bar. During Fiscal Year 2000-01, the following amounts were expended for maintenance at the La Quinta Sports Complex: Landscape Services: $82,986 Janitorial Services: $7,600 Vandalism: $1,200 Snack Bar Maintenance: $14,576 $106, 362 The snack bar maintenance includes the repair of the swamp cooler, the replacement of the ice machine, repairs to various machines in the snack bar used by the youth sports groups, repairs to the golf cart used for field maintenance and brick dust for the baseball fields. At the La Quinta Sports Complex, because the City has a Joint Use Agreement with Desert Sands Unified School District (District) for the maintenance of the facility, the irrigation system is the responsibility of the District. Therefore, sprinkler heads, valves and lines are not included in the landscape services contract. At the park site, the irrigation system will be covered by the City. The cost of the irrigation system maintenance has been included in the estimated cost of landscape services. ��fi SACommunity Services\CCReports\CIP694CommPark.wpd The estimated total utility and maintenance costs for the park site is $174,262 per year, which will be covered by the General Fund. Findings: Given that this is a Capital Improvement Project, staff is recommending the approval of this application using the site development findings under Section 9.210.010. Therefore, all findings can be met as noted in the attached Resolution with the exception of the need to resolve the following issue regarding architecture: Architectural Design: Staff is recommending the concession stand architectural design as proposed by the consultant is appropriate for the site and compatible with the surrounding environment. Staff has attached correspondence from Crane Architectural Group (Attachment 9) describing the rationale for the proposed architectural style. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying Environmental Assessment 2001-438, subject to the Mitigation Program for CEQA Compliance; and Adopt a Resolution of the City Council approving Capital Improvement Project 2000-694, subject to the recommended conditions; or 2. Do not adopt Resolutions of the City Council Certifying Environmental Assessment 2001-438 and approving Capital Improvement Project 2001-694; or 3. Provide staff with alternative direction. Respectfully submitted, JVVI-.X Dodie Horvit Community )rices Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Community Desires and Concerns, June 7 & October 25, 2000 12 3. Community Services Commission Minutes, November 13, 2000 4. Conceptual Plan Approved by the Community Services Commission 241 S:\Community Services\CCReports\CIP694CommPark.wpd 5. Planning Commission Draft Minutes, October 23, 2001 6. Development Plans (City Council only) 7. Letters Received Regarding Project 8. ALRC Minutes, September 5, 2001 9. Letter From Crane Architecture Regarding Concession Building SACommunity Services\CCReports\CIP694CommPark.wpd RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-438 PREPARED FOR CAPITAL IMPROVEMENT PROJECT 2001- 694, THE LA QUINTA COMMUNITY PARK ENVIRONMENTAL ASSESSMENT 2001-438 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did, on the 6th day of November, 2001 hold a duly noticed Public Hearing to consider Environmental Assessment 2001-438 for Capital Improvement Project 2001-694, located at the northeast corner of Adams Street and Westward Ho Drive, more particularly described as follows: APN: 604-061-006 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of October, 2001 hold a duly noticed Public Hearing to consider Environmental Assessment 2001-438 for Capital Improvement Project 2001-694, located at the northeast corner of Adams Street and Westward Ho Drive; and WHEREAS, said Environmental Assessment has complied with the requirements of "The California Environmental Quality Act and the Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2001-438) and has determined that although the proposed Capital Improvement Project 2001-694 could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made a part of the assessment and included in the conditions of approval and a Mitigated Negative Declaration of Environmental Impact should be filed; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certifying said Environmental Assessment: 1. he proposed Capital Improvement Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2001-438. ?.. 4 t44 G:\WPDOCS\CCReso-COA\CIPEA438Park.wpd Resolution 2001- Environmental Assessment 2001-438 Capital Improvement Project 2001-694 November 6, 2001 2. The proposed Capital Improvement Project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed Capital Improvement Project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed Capital Improvement Project will not result in impacts which are individually limited or cumulatively considerable when considering- planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 6. The proposed Capital Improvement Project will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The City Council has considered the Environmental Assessment 2001-438 and the Environmental Assessment reflects the independent judgement of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: f � J S GAWPDOCS\CCReso-COA\CIPEA438Park.wpd Resolution 2001- Environmental Assessment 2001-438 Capital Improvement Project 2001-694 November 6, 2001 1. That the above recitations are true and correct and constitutes the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2001-438 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum attached hereto and on file in the Community Development Department. 3. That Environmental Assessment 2001-438 reflects the independent judgement of the City. 4. That the City Council hereby adopts the attached Mitigation Monitoring Plan. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th day of November, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California G:\WPDOCS\CCReso-COA\C1PEA43SPark.wpd Environmental Checklist Form 1. Project Title: Capital Improvement Project 2000-694 La Quinta Community Park 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Christine di lorio, 760-777-7125 4. Project Location: Northeast Corner of Adams Street and Westward Ho Drive 5. Project Sponsor's Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 6. General Plan Designation: Park Facilities 7. Zoning: Parks and Recreation 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Construction of park facilities on an 18.07 acre parcel located at the northeastern corner of Adams Street and Westward Ho Drive. Facilities will include a concession stand building with office space, restrooms, a tot lot, basketball court, a skate park, two baseball fields and various soccer fields. The basketball court, skate park, baseball and soccer fields are proposed to be lighted for night play. The site is currently vacant desert lands. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. North: Low density residential, single family residential units South: Major public facilities, La Quinta High School West: Adams Street, Low density residential beyond East: Low density residential, single family residential units 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Not applicable G:\WPDOCS\Env Asses\CIP694CkIstEA438.wpd U 1 7 Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology and Soils Hazards and Hazardous Materials Hydrology and Water Quality Land Use Planning Mineral Resources Noise HPopulation and Housing Public Services Recreation Transportation/Traffic Utilities and Service Systems Mandatory Findings Determination (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. CW I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. EMW I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. dZt/0/ N'Tgr ature Date G:\WPDOCS\Env Asses\CIP694CkIstEA438.wpd V 1 8 2 Evaluation of Environmental Impacts: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on- site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analysis," may be cross-referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analysis are discussed in Section XVIII at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. The analysis of each issue should identify: a) the significance criteria or threshold used to evaluate each question; and significance b) the mitigation measure identified, if any, to reduce the impact to less than 24 r (] G:\WPDOCS\Env Asses\CIP694CkIstEA438.wpd � iJ Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: I. AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? (General Plan Exhibit CIR-5) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (General Plan EIR, page 5-12 ff.) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials including Musco Lighting Preliminary Information Package) II. AGRICULTURAL RESOURCES:. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (Master Environmental Assessment 5-29, 5-32) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? (Aerial photographs) III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X X M 91 X X X X 240 20 �G:\WPDOCS\Env Asses\CIP694Ck1stEA438.wpd 4 IV. up d) Expose sensitive receptors to substantial pollutant concentrations? (Project Description) e) Create objectionable odors affecting a substantial number of people? (Project Description) BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Master Environmental Assessment, Exhibit 5-1) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Master Environmental Assessment, p. 5-2 ff.) c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) Either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? (Master Environmental Assessment, p. 5-2 ff.) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (Master Environmental Assessment, p. 5-2 ff.) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (La Quinta Municipal Code; General Plan) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment 5-5) CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? (General Plan EIR, p. 4-77 ff.) b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? ("Phase Il Archaeological Investigations at Westward Ho Park," Archaeology Advisory Group, August 2000) X X X X X X X X J 'J G:\WPDOCS\Env Asses\CIP694CkistEA438.wpd VI. 0"—p c) Disturb or destroy a unique paleontological resource or site? (Lakebed Delineation Map) d) Disturb any human remains, including those interred outside of formal cemeteries? (General Plan EIR, p. 4-77 ff.) GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan EIR, Exhibit 4.2-3, page 4-35) ii) Strong seismic ground shaking? (General Plan EIR, page 4-30 ff.) iii) Seismic -related ground failure, including liquefaction? (General Plan EIR, page 4-30 ff.) iv) Landslides? (General Plan EIR, page 4-30 ff.) b) Result in substantial soil erosion or the loss of topsoil? (General Plan EIR, page 4-30 ff.) c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (General Plan EIR, page 4-30 ff.) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (General Plan EIR, page 4-30 ff.) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (Master Environmental Assessment 5-32) HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Application Materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (Application Materials) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application Materials) <3AWPD0MEnv Asses\CIP694CkIstEA438.wpd 6 X X X X X X X X X X X M V.4 251 �r 22 d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Master Environmental Assessment p. 6-11) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (Master Environmental Assessment 6-26, 6-27) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (General Plan EIR, page 4-57 ff.) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off - site? (General Plan EIR, page 4-30 ff.) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (General Plan EIR, page 4-30 ff.) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (General Plan EIR, page 4-30 ff.) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment 6-13) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment 6-13) X X X X X X X ,G:\WPDOCS\Env Asses\CIP694CkistEA438.wpd �J23 IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Specific Plan Project Description) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (Master Environmental Assessment 2-11) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment 5- 5) X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment 5-29) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment 5-29) XI. NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ("City of La Quinta Community Park Noise Study," Urban Crossroads, August, 2001) b) Exposure of persons to or generation of excessive groundborne vibration or groundbome noise levels? ("City of La Quints Community Park Noise Study," Urban Crossroads, August, 2001) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? ("City of La Quints Community Park Noise Study," Urban Crossroads, August, 2001) d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Master Environmental Assessment) e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (General Plan map) X R. km X M X r r:1 2J3 G:\WPDOCS\Env Asses\CIP694CkIstF-A438.wpd 8 2 XII. XIII. XIV. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) ? (General Plan, page 2-14) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application Materials) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application Materials) PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, page 4-3 ff. ) Police protection? (General Plan MEA, page 4-3 ff. ) Schools? (General Plan MEA, page 4-9 ff. ) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, page 4-14 ff. ) RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application Materials) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application Materials) XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, page 4-126 ff.) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, page 4-126 ff.) G:\WPD0MEnv Asses\CIP694CkIstEA438.wpd 9 P KI X X X X X X X X X - 254 r 25 c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (General Plan EIR, page 4-126 ff.) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (General Plan EIR, page 4-126 ff.) e) Result in inadequate emergency access? (Application Materials) f) Result in inadequate parking capacity? (Application Materials) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Application Materials) XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, pg 4-24 ) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-24 ) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-27) d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, page 4-20) e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, page 4-20) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, page 4-28) XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? X X X d 0 X X r 91 X G:\WPDOCS\Env Asses\CIP694CkIstEA438.wpd 10 c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII EARLIER ANALYSIS. X Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a) Earlier analysis used. Identify earlier analysis and state where they are available for review. No earlier analysis were used in this review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. See attached Addendum. SOURCES: Master Environmental Assessment, City of La Quinta General Plan 1992. SCAQMD CEQA Handbook. General Plan, City of La Quinta, 1992. City of La Quinta Municipal Code Phase II Archaeological Investigations at Westward Ho Park, Archaeological Advisory Group, August 2000. City of La Quinta Community Park Noise Study, Urban Crossroads, August 2001. Preliminary Hydrology Study, Huitt-Zollars, October 2001 Musco Lighting, LLC, Preliminary Information Package - Section A, Light Structure System G:\WPDOCS\Env Asses\CIP694CkIstEA438.wpd 11 Addendum for Environmental Assessment 2001-438 I. c) & d) The proposed project is designated in the General Plan for a park facility. Such a park facility is proposed. The proposed park will include lighting for three purposes: 1. Parking lot lighting to meet City standards to illuminate the parking lot adjacent to Westward Ho Drive. This lighting will not generate any light off -site, and will not create substantial light. No significant impact is expected. 2. Lighting along the perimeter walkway in the form of bollards, which will be louvered to direct lighting downward. This lighting will not generate light off -site, and no significant impact is expected. 3. Lighting for the basketball, baseball and soccer fields, as well as lighting for the skate park. This lighting will be placed on steel poles ranging in height from 40 to 80 feet, with multiple light sources on each pole, ranging from 4 to 15 light sources. The lighting analysis performed for the proposed park demonstrates that the light generated by this type of lighting will create light levels at the surrounding properties of 2.9 foot candles upon installation'. This analysis included the potential cumulative impacts associated with lighting at the La Quinta High School, which did not contribute any readable light level at the residential properties on the northern boundary. This represents a potentially significant impact without mitigation. The sports lighting poles will range in height from 40 to 80 feet and are made of steel. The steel structure of the poles could result on a visual impact on the vistas to the south. A mitigation measure has been added to require the painting of the poles in a buff matte color, to ensure that the potential visual impact is reduced to a less than significant level. Parks are exempt from the City's lighting standard, which requires that no light spill onto adjacent properties. The following discussion addresses the potential impacts associated with the ball field lighting located along the northern property line, adjacent to single family residential lots at this location. Although exempt from the standard, however, the lighting at the park still represents a potentially significant environmental impact on neighboring residents specifically along the northern property line. In order to assess the potential impact, analysis Musco Sports Lighting, Lighting Plan, 8/17/01. 2 5.1 G:\WPDOCS\Env Asses\CIP694EA438.wpd 1 28 was conducted regarding the lighting levels, the available data and the potential mitigation measures which the City may consider in evaluating the proposed project. The lighting levels represented on the lighting plan show the level of light which will occur at the adjacent property line at installation of the light fixtures. After 80 to 100 hours, the lighting level will lessen by 20%, because the bulbs lose intensity2. This lowering in intensity will reduce the light levels at the northern property line to 0.048 to 2.32 footcandles, depending on the location. (As a comparison, test were completed of light levels under street lights on Westward Ho Drive or Adams Street and resulted in a range of illumination from 2 to 4 footcandles.) Light fixtures will be shielded to limit the potential glare, and shielding will be adjusted after installation to reflect conditions on the site. The proposed park facilities will be used Monday through Sunday. It is estimated that the sports fields will be utilized 325 days per year. Night practices and games are usually on week nights and Saturday, while the Sunday usage is generally during the daylight hours. City policy restricts lighting to no later than 10 p.m.3. Lighting levels will therefore range from 0.048 to 2.32 footcandles from dusk to 10 p.m., Monday through Saturday. The level of activity, and the number of fields being used, will vary based on the organization. In order to further mitigate the potential impacts, the following measures shall be implemented. 1. All field lighting fixtures shall be on individual on/off and City operated timer controls. 2. Fields shall be lit only if in use. Lighting on fields which are not in use shall remain off. The City will inform all persons and organizations which reserve the fields that this measure is in place, and shall establish policies and penalties for persons or organizations which violate this measure. 3. All sports field lighting shall be set on automatic timer to turn off at 10 p.m., if not manually turned off prior to that time. 4. No lighting shall be permitted for the northernmost three fields on Saturday and Sundays. 5. From August through February, when soccer games and practices occur after dusk, all other soccer fields shall be utilized before the northernmost three fields are lit. Only if the other nine fields are occupied will the lighting be turned on at the northernmost three fields. 2 Musco Lighting, Preliminary Information Package - Section A, Light Structure System. 3 259 Letter from Dodie Horvitz, Community Services Director, July 11, 2001. U 2 9 ,G:\WPDOCS\Env Asses\CIP694EA438.wpd 2 6. All sports park light poles shall be painted a neutral, matte color. 7. Upon installation of the light fixtures fine tuning of light shields will reduce light spills at the northern property line. These standards will mitigate the potential impacts of light and glare to a less than significant level. III. c) The Coachella Valley is a non -attainment area for PM 10 (particulate matter of 10 microns or smaller). The construction of the proposed project has the potential to generate dust, which could contribute to the PM 10 problem in the area. In order to control PM10, the City has imposed standards and requirements on development to control dust. These impacts can be mitigated by the mitigation measures below: 1. No earth moving activity shall be undertaken without the review, and approval of a PM 10 Management Plan. 2. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 3. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 4. Construction personnel shall be informed of ride sharing and transit opportunities. 5. Cut and fill quantities will be balanced on site. 6. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 7. Watering of the site or other soil stabilization method shall be employed on an on -going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 8. All disturbed areas shall be treated to prevent erosion until the site is constructed upon. Pad sites which are to remain undeveloped shall be seeded with either a desert wildflower mix or grass seed. 9. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. �t 3 0- G:\WPDOCS\Env Asses\CIP694EA438.wpd 3 10. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 11. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 12. All buildings on the project site shall conform to energy use guidelines in Title 24 of the California Administrative Code. 13. Bicycle racks and/or other mandated alternative transportation provisions shall be included in project design, in conformance with City ordinances in effect at the time of development. With the implementation of these mitigation measures, the impacts to air quality from buildout of the park will not be significant. IV. a) The park site has been impacted by construction on adjacent properties, and has been previously graded. Further, the site is isolated by surrounding development. The park occurs within the mitigation fee area for the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan (HCP). The City shall pay the required fees for purchase of off -site habitat, as required in the HCP. This will reduce impacts to the species to a less than significant level. V. b) A cultural resource survey and resource recovery were conducted for the subject property4. The field work consisted of 32 backhoe trenches and 12 test units. Five recorded sites which had been identified were tested, and considerable material recovered. The study concluded that the resource recovery effort, and the monitoring undertaken during grading of the property, had mitigated potential impacts to cultural resources to a less than significant level. VI. a) i) & ii) The proposed park lies in a Zone IV groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake., The site is not subject to liquefactions. Structures on the site, including the bathrooms, offices and lighting standards, will be required to meet the City's standards for construction, which include Uniform Building Code requirements for seismic zones. The City Engineer will require the preparation 4 s "Phase II Archaeological Investigations at Westward Ho Park," Archaeology Advisory Group, August 2000. "Final Environmental Impact Report, City of La Quinta General Plan," 1992. G:\WPDOCS\Env Asses\C1P694EA438.wpd 4 V 1 of site -specific geotechnical analysis in conjunction with the submittal of grading plans (please see below). This requirement will ensure that impacts from ground failure are reduced to a less than significant level. VI. b) The subject property is subject to soil erosion due to wind. The City will implement requirements for a PM 10 management plan, which will control this hazard (please see Air Quality, above). The soils on the property will also be examined through an on -site soil analysis required prior to issuance of grading permits. These requirements will reduce potential impacts to a less than significant level. VIII. c►-e) The City requires that all construction projects retain the 100 year 24 hour storm on -site. This will control the amount of runoff which exits the site during a storm. The proposed grading plan for the site includes the use of the northeastern -most soccer field as a retention basin. The hydrology study prepared for the site indicates that soils are adequate to support percolation, and that the retention plan will be effective'. The park's drainage plan will be reviewed and approved by the City Engineer prior to the issuance of grading permits. The creation of areas which are mostly sod will encourage percolation of water into the soil. The design of the park includes depressions where the fields are located, to assure adequate detention of storm water. This will ensure that impacts to the City's flood control system are reduced to a less than significant level. XI. a) & c) A noise analysis was prepared for the proposed park project'. The study found that the existing noise environment at the northern property line ranges from 52.2 to 63.9 dBA Leq, and that construction and operation of the park will increase noise levels by about 2.1 dBA Leq. Short term louder noise levels will occur during games and practices at the park, but these will generally be during the less sensitive daytime hours, for short periods of time. The proposed park will also include a public address system, which is to be utilized twice every year, for the opening and closing of the season. The study found that the noise levels at the park are likely to be overshadowed by the noise emanating from traffic movements on Adams Street. 6 F Short term impacts will also occur during construction of the facilities at the park. In order to mitigate construction impacts, the following mitigation measures are to be implemented: "100 Year Hydrology & Hydraulic Report for La Quinta Community Park," Huin-Zollars, October 2001. -f- "City of La Quinta Community Park Noise Study," Urban Crossroads, August, 2001. '3 2 v G:\WPDOCS\Env Asses\CIP694EA438.wpd 5 8 1 . All construction vehicles or equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers. 2. Construction activities shall comply with the City of La Quinta Municipal Code standards for construction times (Section 6.08.050). 3. All vehicle and equipment storage, stockpiling and other similar activities on the site shall be located along the Westward Ho Drive frontage, as far away from the existing residential units as possible. The study also recommends operational mitigation measures, as follows: 1. The park should be open only from the hours of 6 a.m. to 10 p.m. 2. All other soccer fields shall be utilized before the northernmost three fields are used. 3. Use of the public address system shall be limited to two times per year, during daylight hours only. XV.a) The use of the park will generate traffic, particularly from families coming to sports practices or games. This traffic will be sporadic, and concentrated during specific time periods. During much of the day, very little traffic will enter or leave the site. In order to determine the worse case scenario for traffic generation, the highest generation factor was used (Saturday) to calculate traffic at the site. As a result park can be expected to generate up to 226 trips per day8 on busy days. This will be divided between 113 entering and 113 exiting, in short time periods when practices and games occur. Traffic levels on Westward Ho Drive are currently light, and are concentrated on activity at the High School. The activities at the High School should not conflict with activities at the park, insofar as organized sports occur during school off -hours. Potential hazards associated with the concentrated activities at the park are not expected to be significant, however, the following mitigation measure shall be implemented to ensure that traffic conflicts do not occur. 1. The Public Works Department shall monitor the traffic movements associated with the first days of organized play for baseball and soccer associations. Should hazardous conditions occur, the Department shall establish procedures and standards for traffic control at the site, and require the sports associations to provide traffic control personnel at the beginning and end of practice and/or game sessions, to ensure that safe ingress and egress occurs at the park. Institute of Transportation Engineers, "Trip Generation" 6th Edition. For land use category "County Park (412)" per acre on a Saturday. v 3 3 G:\WPOOCS\Env Asses\CIP694EA438.wpd 6 2. No sporting events shall occur after 5:00 p.m. on days when the La Quinta High School has a scheduled home football game. XVll.a) The proposed project will not degrade habitat, or significantly impact cultural resources. The potential impacts to biological resources, limited to Coachella Valley Fringe -toed Lizard, will be mitigated by the payment of fees, as required in the Habitat Conservation Plan. The impacts to cultural resources have been addressed through the field testing and excavation previously undertaken. XVll.b) The proposed project does not have the potential to achieve short term goals to the detriment of long term objectives. The land is planned for park facilities in the General Plan, and has been so for some time. The City had envisioned this site as a park, and is now implementing its plans. XVII. c) The proposed park's impacts have been mitigated. Analysis of the lighting for the park included the potential cumulative impacts of the high school stadium lighting, however, the lighting analysis demonstrated no light spillage along the northern property line. XVll.d) The potential impacts associated with lighting, noise and air quality, which could have a detrimental impact on human beings, have been mitigated to a less than significant level. �34 G:\WPOOCS\Env Asses\CIP694EA438.wpd 7 LL O 2 F. G LL 3 2 C LL � c C C: ca � N W 2 N l0 Q = ~ 3 W 0 ai Z p z Q` c U �••' V J a � 4-0 ( N oE. W z 0 V r c o. C) Q z c z ~ W Z C) d0 o QLL J 0 z Ix Q JCD V 0 z p a v W Q FE c� a o a z C7 ca (> > 2 OQ y 0 a a z a Q Z O M o^ CD H O O N } a4.0 W = o N E C z LLJ N E 00 d cv LU O M q V- 0 a W C O O ,+-r U N U z — O ' .• z H Q O J W z W W V J CL U. LLI H W Q 0 W } Z im Q W a v W O= UV O O O O O LU LL ++ i-+ ra Y c U O O O a a O a O a O a U U •- C - N N N N N .0 .c .0 .c .c c a '_v �_ -v V _y N 4• _U (D _N N .0 LL. LL LL LL. 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U a CL �' Z _ _o +r •� co 'v Cl)Z CL C C cc— ° y O — C E E L t O Qcca > a c`a y >- a ,� ai ° y o 4-0 E E a) ` C cu W Q� a v� y L rn a >"a V Z O aD c to �- O •c � c ti,i *r -v c c L. rn +� �E_ ° O N°Ch 4-1 O a •� y W O '`' y Q C X o` : Z �n C� t 268 vj j; a RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DEVELOPMENT PLANS FOR AN 18.07 ACRE COMMUNITY PARK SITE LOCATED AT THE NORTHEAST CORNER OF ADAMS STREET AND WESTWARD HO DRIVE CASE NO.: CAPITAL IMPROVEMENT PROJECT 2001-694 LA QUINTA COMMUNITY PARK WHEREAS, the City Council of the City of La Quinta, California, did, on the 6th day of November, 2001 hold a duly noticed Public Hearing to consider Environmental Assessment 2001-438 for Capital Improvement Project 2001-694, located at the northeast corner of Adams Street and Westward Ho Drive, more particularly described as follows: APN: 604-061-006 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of October, 2001 hold a duly noticed Public Hearing to consider Environmental Assessment 2001-438 for Capital Improvement Project 2001-694, located at the northeast corner of Adams Street and Westward Ho Drive; and WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2001-438) and has determined that although the proposed Capital Improvement Project 2001-694 could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made a part of the assessment and included in the Conditions of Approval and a Mitigated Negative Declaration of Environmental Impact should be filed; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certifying said Capital Improvement Project: 1. The project, as amended, is consistent with the General Plan Park and Recreation Element because it provides reasonable accessibility for residents within its service area. 2. The project has been designed to be consistent with the Zoning Code in that it complies with development standards for setbacks, landscaping, and parking standards including lighting. 269 G:\WPDOCS\CCReso-COA\CIP7O3Park.wpd City Council Resolution 2001- Capital Improvement Project 2000-694 November 6, 2001 3. Processing and approval of this project is in compliance with the requirements of the California Quality Act in that a Mitigated Negative Declaration has been prepared. 4. The architectural design of the concession stand is appropriate for the site and compatible with the surrounding environment. 5. The site design provides an interior circulation with pedestrian and bicycle access, pedestrian amenities and is compatible with surrounding development and quality of design prevalent in the City. 6. The landscaping design allows for extensive play fields and recreation areas for the surrounding community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That the City Council does hereby approve Capital Improvement Project 2000- 694. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 6th day of November, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California r r'1,0 j j1 w G:\WPDOCS\CCReso-COA�CIP703Park.wpd City Council Resolution 2001- Capital Improvement Project 2000-694 November 6, 2001 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California G:\WPDOCS1CCReso-COAiCIP703Park.wpd U 4 t, v ATTACHMENT 1 COUNTRY CLUB DR. N HOVLEY LN. E. z 0 r- c� z 3 N PROJECT FRED SITES _ MILES PALM DESERT 0 Q /NrFRSTgTe 70 42ND AVE. o Q 0 Cl: WARING DR. a AVE. ."� Z 0 WESTWARD HO w DRIVE HWY 111 INDIO VICINITY MAP NOT TO SCALE LAQUINTA COMMUNITY PARK FIGURE 7 (; FAX NO. ' pUrkisseyose - Ysl La Quinta Park Community Meeting June 7, 2000 Desb-cs • Skate Park (Beginner, Intermediate, Shaded, Lighted) • Pet Paris • More Sports Fields ;. ..� • B17ce Park • Community Center • Teen Facilities • Baseball Fields • Soccer Fiel& / Practice fields • Lighted Fields • Open Space • Sensitive Limited Lighting • dii ed parting • Independent Fields • Plastic Play Equipment (heat concerns w/ metal) • Sha.dcd Bleachers • Mist System • Park Waiting Area /Planned Pick Up Area • Small Out:ade Stage Area • Art Opportunities • School/Park Co -development of Fields ; • Remove Wall at Retention Basin • RestroomS Con c erns • Duplicate Tennis (already have tennis facility) • Space for Soccer, Baseball, Pet Park • Lighting • Safety/Security • Not Teen Friendly • Needs of Youth • Location of Fire Station • Park Hours (late games) • Construction • Pump Site • Shade 2.ana•e4pe ArtAxI AM146 RR:cis-A;M anal rapru nynning 1601 hol h hwbor DMd.P.vwd rurc"IL C.:alurMli + oZoaz 11Nc: (714) 471-1146 (71 � i A9 J •�a�e ATTACHMENT 2 Y' 3 La Quinta Park Cormnunity Meeting October 25, 2000 The following are desires and concerns, in adeition to those expressed at-the'June•7, 2000 community meeting, re€arding the proposed park as discussed at Wednesday nights cornmuruty meeting. D elT • Basketball courts • Community park with typical conununity park amenities. • Family Ne park • Separate hours for skated and bikers • Tot Lot • Picnic area • Retention basin wall should remain with possible access gate. Concerns • Police surveillance • Police access • Too many facilities on this site • Space for fire station and pump site not recreational use. Site was set aside for rec. use. • Last city owned parcel of this size. • Skate park and dog park can be moved to smaller sites. • Protection / bufi'er5 for bordering neighbors. • Use of grant funds as soon as possible. Value of funds greater today than 8 years from now. • Soccer community is grouing. Cunently 95 teams with 865 players. • Existing space for soccer and baseball is not adequate. • Fire station location vs. high school access a potential problem. • Impact on east side neighbors. • Need lights in order to get mole use from park for soccer and baseball. • Adams st. park fulfills community needs. P.m WWV : t t AM? 07 '=+�+(t •r# j YW -A ATTACHMENT #3 COMMUNITY SERVICES COMMISSION MINUTES November 13, 2000 I. CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:02 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson St. Johns presided over the me ng. Commissioner Henson led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Deborah BechaX(Vichairperson) Commissioner Mike Davis Commissioner Michelle Henso Commissioner Joan Rebich Commissioner St. Johns (Cha STAFF PRESENT: II. PUBLIC COMMENT Dodie Horvitz, Communitytervices Director III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of Oyfober 9, 2000 B. Monthly Department R ort for September 2000 It was moved by ComXssioners Bechard/Rebich to approve the Consent Calendar as submitted. Unanimous. V. PUBLIC HEAVING VI. BUSINESS/ITEMS A. Community Park Public Meeting Review The Commissioners reviewed the Consultant's lists provided from the community meetings held on June 7 and October 25. The lists contain the desires of the community as well as the concerns. The Commissioners reviewed each item on the lists and after some discussion, formulated a list of amenities for the City Council's consideration. The amenities include: Skate/BMX Park Lighted Sports Fields: Soccer Baseball Concession Stand/Restrooms Playgrounds:; Tot Lot Older Child Lot Swings Picnic Area/Bar-be-ques to be reserved for Parties and Bounce Houses Walking path around perimeter of the park with a par course and bicycle lane markings Walkway from the homes north of the park to the High School "Jumping Waters" amenity 2l� S:\Community Services\CSComm\minutesCSC\CSCMIN.I I-I3.wpd Q 4 1 One basketball court -possibly lighted Tetherball Par Course Landscape along wall with neighbors Other amenities to be included near the Community Park: Remove wall separating retention basin and park site Grass Volleyball Court in the retention basis north of the park Amenities to be developed away from the Community Park: Light High School Tennis Courts instead of building additional courts Pet Parks: one near the Community Park and one near the Cove Staff will present this list of recommendations for City Council consideration at an upcoming City Council meeting. It was moved by Davis/Henson to direct staff to present information regarding the Community Park amenities for City Council consideration. Unanimous California Parks and Recreation Society's Conference A er some discussion, Commissioner Bechard was elected to attend the CPRS Conference in Sacramento on March 14-17, 2001. It was Roved by Commissioners Henson/Rebich to approve Commissioner Bechard attend the CPRS Confere a in Sacramento on March 14-17, 2001. Unanimous. VII. CORRESP NDENCE AND WRITTEN MATERIALS VIII. COMMISSIONE TEMS Commissioner Rebich a nded the CVAG meeting in which the following issues were discussed: Valley Wide Massage inance amp Valley Wide Animal C Gambling pamphlet for Teen by Gamblers Anonymous Open House for Save -a -Pet California*Tax Credit for Low Inco a Housing Valley Wide Substance Abuse Cam n Commissioner Rebich discussed each iss briefly. Commissioner Bechard reported that the Tiny To alloween Carnival was a lot of fun. She enjoyed helping at the event. Chairperson St. Johns read a note from Marni Kunsman rl rding the need for volunteers for the Tiny Tot Turkey Trot and Breakfast with Santa event. Chairperson St. ns stated that she knows of a group at the High School that will volunteer for the Turkey Trot activity. Commissioner Davis asked if it would be possible to get larger recyclin ins to use. The current bins are small and on pick up day, the papers seem to fly throughout the neighborh S:\Community Services\CSComm\minutesCSC\CSCMIN.11-13.wpd U) z 5/� CL Q Loulo— a. U Z O U Z w U Q i` l � ' A x l 1 1 II- iI I 1 i ♦ I •'. n . 9 ` 1 1 G O �O O 1 I •` � 1 r------ 0 0 1 A I , , . 01 I fly .s I� ♦♦ ------ I �♦ ♦ u ♦ I i - ir-------, � ♦♦ II 1 I � I I • 1 1 1� t fI9 I II !i II I Igo �, t I � • • Ic' 1 I I I 1 O n. •�� 1 1 1 I 1 s m I C 1 I I I I I I I Olt >� I I I�. A I I R ►neePD) ^ 1 �1 1 1 I � •I �( I II II I � I I I I I I I 1 - - •� w I I I 1 1 1 1 1 3 \ 1wr 3d 4 — -w , z • 1� ��/i�1 fit• •'' •' -t • ATTACHMENT #E Planning Commission Minutes October 23, 2001 ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSENT: None. ABSTAIN: None. 15. There being no further discussion, it was moved and seconded by Commissioners Butler/Kirk to adopt Planning Commission Resolution 2001-134, recommending approval of Conditional Use Permit 2001-064, subject to the findings and Conditions of Approval as recommended. ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSENT: None. ABSTAIN: None. 16. There being no further discussion, it was moved and seconded by Commissioners Robbins/Butler to adopt Planning Commission Resolution 2001-135, recommending approval of Site Development Permit 2001-708, subject to the findings and Conditions of Approval as recommended. ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSENT: None. ABSTAIN: None. Environmental 'Assessment 2001-438 and Capital Improvement Project 2001-694; a request of the City of La Quinta for review of the development of an 18.07 acre community park site with various size lighted soccer fields, two lighted baseball fields, concession stand, restrooms, tot -lot skate park, picnic areas with barbeques and shade structures to be located on the northeast corner of Adams Street and Westward Ho Drive. 1. Chairman Abels opened the public hearing and asked for the staff report. Community Services Director Dodie Horvitz presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Mr. Oscar Johnson, consultant for the project, gave a presentation on the site plan. Ms. Coleen Marcum gave a presentation on the proposed lighting plan. Mr. Mark Crane, architect for the project, gave a presentation on the building architecture. 2. Chairman Abels asked if there were any questions of the applicant Commissioner Tyler asked about the number of stalls in the restrooms. Mr. Crane stated it was similar to other parks. °G:\WPOOCS\PC Minutes\PC10-23-01.wpd 6 - 2 (s v50 Planning Commission Minutes October 23, 2001 Commissioner Tyler stated that with this size and number of soccer fields, the number of stalls is inadequate. If there is a standard he does not know why it is not applied. Community Services Director Dodie Horvitz stated the current fields have one stall in each restroom and it is adequate. 3. Commissioners Kirk and Robbins stated they had no objections to the architecture. 4. Commissioner Kirk stated that in regard to the lighting, it is indicated 95 % of the light can be maintained. Why not contain 100% of the light on most of the fields? Ms. Marcum stated that when 100% of the light is facing down, there is no way to hit the light levels in the middle of the field where it is needed. 5. Commissioner Butler stated she did not believe the School District had to meet the City's standards. His concern is the light poles. Ms. Marcum stated that at the time the school was constructed the light poles were donated and need to be updated. The poles are too short and cannot handle the wind elements for more efficient light fixtures. The light problems on the field can be solved. Commissioner Butler asked if this would compounding the problem with the new lights being installed in regard to the dark sky. Community Services Director Dodie Horvitz stated the City is working with the School District to resolve the light problems. The park lights will be monitored through the Community Services Department. 6. Commissioner Tyler asked about the type of poles to be used. Ms. Marcum stated they are stainless steel with a concrete base. They have met the requirements of the athletic organizations and the poleswill be painted to blend into the surroundings. 7. Commissioner Chairman Abels asked if anyone else would like to speak regarding this project. 8. Ms. Lynn Hay, 78-815 Wakefield Circle, stated she was unable to attend any prior meetings regarding this project. She understands La Quinta needs the soccer fields, but the Palm Desert fields are not near residential houses and the parking is severely handicapped. Her biggest concern is that the parking is not large enough to meet the need that exists. G:\WPDOCS\PC Minutes\PC10-23-01.wpd 7 Planning Commission Minutes October 23, 2001 9. Mr. Dave Thornton, 78-805 Wakefield Circle, stated his biggest protest is a sports center so near their homes with the noise and traffic all weekend and during the week nights as well. With all the activity that is existing and proposed it will become a very congestive area. He requests the City look for another location. In regard to the lighting, the sky will still be lit by the reflection off the field regardless of what lights are installed. 10. Mr. James Tourje, 78-760 Wakefield Circle, stated he moved into his house in 2000, and he knew there was a park going in when he bought his home. He is in favor of the park, however, he has a problem with a high usage park surrounded on three sides by homes. He would ask the City to consider a different location that could handle the high traffic volume. 11. Ms. Angie Ciota, 45-570 Sunbrook Lane, stated she cannot understand how the City could place such a high intensity park in the middle of a residential area. The high school is already a nuisance. The parking is completely inadequate and the traffic will increase greatly. Put this in a commercial area. 12. Mr. Bob Prince, 78-770 Wakefield Circle, stated his main concern was the lighting, but most of those concerns have been resolved by the lighting consultant, but the high school is still an issue. Being able to lie in your backyard and look at the lights will no longer be possible. The City needs to take a careful look at the lighting and parking. 13. ` Ms. Ellie Tourje, 78-760 Wakefield Circle, stated she knows this park has already been approved and she does not know what can be done regarding the size of the park. The two complexes together are going to compound the problems. As there are no street lights on Adams Street this could even be a safety concern. She submitted a petition from the homeowners regarding the park. 14. Ms. Lynn Hay, stated the reason they chose La Quinta is because of the restrictions to keep it a quiet and dark community. 15. There being no further discussion, the public participation portion of the hearing was closed and open for Commission discussion. 16. Commissioner Robbins asked what the applicant to explain the exercise clusters. Mr. Johnson explained. Commissioner Robbins asked why there were no conditions of approval for this project. 280 352 G:\WPDOCS\PC Minutes\PC 10-23-01.wpd 8 Planning Commission Minutes October 23, 2001 Community Services Director Dodie Horvitz stated they are contained in the mitigation measures. Commissioner Robbins stated he lives in proximity to the tennis stadium and he does not have an impact from its light source. What he does have a problem with is the lack of parking, especially if there is a football game going on at the same time at the high school. 17. Commissioner Kirk asked how the number of restroom stalls was determined. Mr. Johnson stated it was based on previously designed facilities and an average number of users. Based on their averages, it should be adequate. Commissioner Kirk asked if there was sufficient tree coverage to take care of the light leakage. Ms. Marcum stated yes, but surrounding property owners did not want the trees. Commissioner Kirk asked if while the City was working on the General Plan, and larger and larger development are built, the City should be considering whether or not to build larger and larger parks. This design has been the result of a lot of input from the community, consultants, and staff, and as this cannot be changed, the City needs to consider smaller parks for future developments. 18. Commissioner Butler stated that in his opinion the lighting issue has been resolved and the high school soon will be. With the number of people that have been drawn to this area it has created the need for this size of park. Planning is done before the homes are built to accommodate the demand as it grows. 19. Commissioner Tyler stated the staff report did not contain any information on the new lighting design and had it been looked at by the City's lighting consultant for the Arts Foundation. Staff stated no. Commissioner Tyler asked if staff had any information on the restrooms at the Palm Desert park facility. Ms. Hay stated there: were five or six stalls in the women's restroom facilities and probably the same in the men's. Community Services Director stated that facility is 26 acres as compared to this park at 18 acres. Commissioner Tyler asked if the restroom facilities could be increased. Staff stated it could be modified to increase the facilities, but they are under a cost constraints. Mr. Crane stated it would probably increase the budget. Commissioner Tyler asked why the plans he received were different from the ones presented. Mr. Johnson stated the basketball courts had to be relocated due to the grading and size constraints. 28y G:\WPDOCS\PC Minutes\PC10-23-01.wpd 9 Planning Commission Minutes October 23, 2001 20. Commissioner Kirk asked staff what was being approved. Staff stated the design of the landscaping and building, the Mitigated Negative Declaration constraints, the lighting and any of the other studies submitted. 21. Commissioner Tyler stated the traffic analysis was not accurate. 22. Commissioner Kirk asked if parking could be addressed as a mitigation measure. Could there be mitigation measures added to ensure there was no conflict with the high school football games? Staff stated a mitigation measure could be added that no games would be allowed at the time of home football games. 23. Commissioner Tyler asked how staff could control what fields are used. Staff stated it could be controlled by the lights that are turned on. 24. Commissioner Robbins asked if this facility is built as designed will there no longer be any games played at the sports facility on Avenue 50. Staff stated both facilities would be used. 25. Commissioner Kirk asked if the fields were being used at their maximum so teams are not able to come in and practice prior to a game. Mr. Mark Woods, La Quinta Soccer Association, stated practices are divided into groups and assigned days that they can practice during the week and games are scheduled for weekends. 26. Commissioner Tyler asked how many participants take part in the game. Mr. Woods stated they have 947 players signed up, but they are spread out over the entire day and usually only 147 kids playing in an hours time. 27. There `'being no further public comment, the public participation portion of the project was closed and open for Commission discussion. 28. There being no further discussion, it was moved and seconded by Commissioners Kirk/Robbins to adopt Planning Commission Resolution 2001-136, recommending certification of Environmental Assessment 2001-418, subject to the findings as amended: G:\WPDOCS\PC Minutes\PC10-23-01.wpd 10 Planning Commission Minutes October 23, 2001 A. Mitigation measure limiting the use of the fields to no games after five p.m. when there are home high school games. B. I.c) & d)4. Add Saturdays. ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, and Chairman Abels. NOES: Commissioner Tyler. ABSENT: None. ABSTAIN: None. 29. It was moved and seconded by Commissioners Kirk/Robbins to adopt Planning Commission Resolution 2001-137 approving Capitol Improvement Project 2001-694, as amended: A. Recommendation for a need to address additional parking stalls. ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, and Chairman Abels. NOES: Commissioner Tyler. ABSENT: None. ABSTAIN: None. VII. BUSINESS ITEMS: None Vill. \CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report on the City Council meeting of September 18, 2001. X. ADJOURN ENT: Thee being no further business, it was moved and seconded by Commissioners Butler/Robbins to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held November 13, 2001, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:08 p.m. on October 23, 2001. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California \ 283, cAMyFiles\Backup\wp(wp).bk 1 VOVINOO Yl NYU LnOlM OH43dVA&LS3MCZl& VINIM Yl 40 A MVd AUNnnV= VINMO VI L2 Cc go j co 3WHONVY 3NnHOlVIN wi C%4 N 17 go qD Oee 0 Ssl CC C.- 00 i 7i to of ... ... ...... 0A -ZZ C -7 -7 284 .,-56 Y! 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" \I i lSJ-2SO.i•SSliji NO "Id 311S lt►�I!{i�313 diNInO Yl 10 k;Z) / ---- -- • KINON )WVd N1Nnnv#o:D viNine vi R } i • R Ail �L _ - • , Z . _ �:c Y .•: WUW J- W 290 V62 V: WINne %-7 rVWAW Oft GRW4 VIOMW'Wjff,,,, viNinn Yi io Ax:) KLAON NNW A.UNnnnoo viNine vi 1 0 ski It I In 98 it via As I a MEM liltr IS quiliI Ei q qj1papi Ili 11014 R.F!11 QII ;T' o1j; 7,7 to. • Slit! I? iliki 1d; is,js - j pit jTw j! Nj tf IS 77' 1;� i Jan! ; �9 -!� �fl�!tl�'r ie 291 NV'W OkOM.LoHd V3wv opa)jwvj V:)'ViNlrfO Yl ViNlrC,#q 10 ALO KWON )lVVd AUNMV400 VINifn %q Lli ........... . . ...... .. .... . ..... .. .. ...... ........ .... .. ...... ..... .... ....... .. ..... ......... .............. .......... ........ ..... ......... ............ ......... ....... .. .... ...... . . . . . . . . . . . . . ... I . . . . . . . . . ............. ....... .......... 1.1 .. ....... . ...... ... CL ...................... ........ .... ......... ............ 2 r, r N lS.i 2S01•SSl2',li1�i NVld ORi13nMOHd V3Hd D NNWd V1NIflp b'1 40 !WO � - KUM 11 Vd All OY= VINUM vi w _ . . . , . . . . 77 ,... ...... .......... i .� --- . :: ::: ; ....... ..... VOVINIM Yl NYId 3kU3MjoHd <Tl=li=l S16x)clS ViNlrlO Yl 10 A113 KWON MVd A.Mnrowoo viNine vi ui 29 W-W-n )o oq IM k 9, 1& - IWO .4. ;1 1. 2 ct . ,fie, I � � _--._ � � i .��: cl.. 0,;, AL zz - ---------------- 29G I Z rC r zW F- 0 60. b0 C z C W V O V o o C� oZ c% 5 a g ATTACHMENT 7 -August 23, 2001 To: City of La Quinta Planning Commission Parks and Recreation Commission City Council From: Phyllis J. Buford 45-535 Sunbrook Ln. La Quints, Ca. 92253 I am a fairly new resident to this lovely city and truley do consider it to be a gem. We purchased our home just last year and have been looking forward to the new park on Adams, as it will be directly across the street from us. While we welcome the park, we do have concerns reguarding the lighting and noise. We have seen the plans for the park and there seems a need for quite a few lights, as there are so man different areas. Werequesting, g • Y are hoping and requesting, that low light standards be adheared to as well as a "curfew" and/or time limit set. My home faces the proposed ark and La Uinta Q High School,p with nothing blocking the view or noise. When the High School has a night time function, the lights shine right into our home. You can imagine our concern at the prospect of all the additional lighting. I trust you will take this letter, as well as those of my man neighbors, into consideration before a final decision is made. Tha u, Phyllis J ufor 298 �70 Sandi -Don Ruh NQ178970 Baybeny UL La Quints, CA 922534121 Mayor John Pena Council Member Don Adolph And City Council Dear Mayor and Council, SEP 2 0 �001 September 18, 2001 COVAMA Ck Thank you Mr. Pena and Mr. Adolph for your letters in response to ours, (regarding the es V/ lighting concerns at the new Adams Street Park). While we're sure it takes considerable ea{'v.,_ time to respond to all the correspondence city officials receive, responses are important and appreciated! Thank you! We did attend -the June "Park Plans Meeting" and saw the well -organized and orchestrated soccer coaches and parents present their case. Along with the skate board youth, we must admit they were much better'organized than the area homeowners. You must have been very impressed because as a result of that presentation, much of your original proposal was subsequently changed. More fields, more lighting, no community center, etc. The "scientific research" news release we included in our original letter addresses the abuse of lighting in the desert and the affects it is having on the entire area. It is to that issue we ask for your very sincere consideration. Yes, youth require facilities for recreation and yes, our city should provide such. At the same time you MUST provide precise limits on the amount of lighting, the time facilities will be lighted, and much more concern (than in the recent past) to the impact excessive lighting has on neighborhoods and the entire desert area. Hopefully you will be very strong in your demands presented to Musco Lighting as well as the rules and regulations established for this venue's use. While not as vocal as other organized groups, there is a large number of constituents who are depending on you to do the right thing for our community and our entire area. We hope you will be leaders in protecting our few remaining environmental assets. Do not let La Quinta turn into just another L.A. Basin City. Do not compromise these fragile assets, for once done, they can never be recovered. We hope you take into consideration some of the suggestions in the previous letter and this one. Again, thank you for responding and for your sincere environmental considerations. Sincerely, ' w J -3 4JINTA `paEGt�vEO ram, October 12, 2001 Community Development Dept. La 'Quinta City Hall 78-495 Calle Tampico La Quinta, CA 92253 RE: Capital Improvement Project 2000-703 La Quinta Community Park To whom it may concern: I live in Del Rey homes, about 2 or 3 blocks from the new park area and I would like to say that I am in favor of the new park and lighted soccer fields. I am a mother with a son and know the need for this facility. I cannot be at the meeting and just wanted to say that our household is in favor of the new park and its plans. Si cerely. Cindy M is Morris 7.9-0.65 Victoria Dr. La Quinta, CA 92253 3 v i 2 Wanda Wise -Latta,- to Mayor Pena and Council Page 1 From: <The5Cz@aol.com> To: LQCity.lgcc(wlatta) Date: Thu, Oct 25, 2001 5:09 PM Subject: to Mayor Pena and Council We recently purchased a new home in the Marbella II development (our first home), for our family of five. I would like to start out my telling you the biggest reason for choosing this area was because we truly believe La Qunita is a gem of a city. For us it's biggest asset by far is the night sky! We love the fact that the city has chosen to keep the glare of street lights out of our residential areas which gives us front row seats to the stars! We now would like to ask you to please continue to keep your promise of night sky's, by placing the proposed 12 soccer fields and 2 baseball fields in an area zoned as commercial property (like the Hovely soccer fields) , not in a lot which is surrounded by homes on three of it's four sides. By the way the Hovely field has 355 parking stalls for only eight fields on 20 acres of land, and still leaves people searching for a place to park. The current plans show 183 stalls for 12 fields packed into only 16 acres, and is sure to lead to people parking up and down our street several nights a week. We feel the city's proposed hours of lighting (6-10pm M-Sat) is very unfair to the surrounding homes. My family will no longer be able to enjoy the sky and moon -lit mountain view that we currently have before we go to bed. Instead we will be forced to shut our windows during the cool winter nights (due to noise) and have to purchase blackout blinds for all our windows facing the lights. The set of plans (prior to the the $500,000. gift ) showed a beautiful community park that I'm sure the entire city would have enjoyed, not just the soccer community. We agree that more fields are needed our children play sports as well. All we are asking is that you please reconsider and search for a more conducive area for this high -activity park. If you are unable to honor this request and feel the need to continue with the current plans, we would like to impress upon you the need for more parking and less fields, or better yet the rleed for more Park and less fields. We also hope that you will reconsider changing the lighting hours to 6-8:30pm so that we may enjoy a small part of our outdoor evening, 10pm is entirely to late and most people retire long before that. Sincerely, Don and Angie Ciota C tttl el-&-L ATTACHMENT 8 Architectural & Landscape Review Committee Minutes September S, 2001 H. Capital Improvement Project 2001 694; a request of the City for review of the building elevations and landscaping plans for the La Quinta Community Park. 1. Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Member Bobbitt asked why staff was requesting the change in the tree type. Staff stated to bring a variety of shade trees to the area. Discussion followed regarding the different tree types. 3. Committee Member Cunningham stated the building design was choppy. Architecturally, in that section of town, all of the subdivisions are built with the red the roof, and the two schools are contemporary. This building looks like a 1972 Clerestory look which does not tie in with any of the other architecture. The maintenance will be high due to the type of use it will have. The building needs to "defend" itself against weather and use. The group storage doors should be metal and have enough color on them to last and not burn out creating more maintenance. He did not like the gable chopped off in the front. It could have a simple hipped roof to keep in style with the surrounding neighborhoods or take a more modern look. He would like to see this tie in architecturally with the City Hall or High School look. A wood trellis is absolutely wrong.. It should be metal. Maybe it could be a split -face block to keep it more natural. The roofline is wrong. A flat roof with a raised parapet would be better. The doors need to be a box steel to take the abuse. A series of vents that could be hosed from the ground would be more attractive than the proposed grill work. 4. Committee Member Bobbitt stated he concurred with Committee Member Cunningham's statements. It has a look of the '70's and will be a maintenance nightmare. 5. There being no further discussion, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 2001-037 recommending approval of Capital Improvement Project 2001-694, as amended: a. Revise the plan to be more compatible with the High School, new school, or City Hall architecture. 30 r Li '� GAWPOOCS\ARLC%ALRC9-5OJ .wpd rel Architectural & Landscape Review Committee Minutes September S, 2001 b. Doors shall be made of industrial steel. C. Wood trellis shall be replaced with a metal trellis. d. Consideration should be given to using a different roof tile e. Prior to issuance of a building permit the landscape plan shall be redesigned to show another tree species that flowers during the winter months to be located along Adams Street and at the northeast corner of Westward Ho Drive and Adams Street. E. Site Development Permit 2001-71 ; a request of Michael Shovlin for `-,.Staples for review of building elevations and landscaping plans for a 21 e 92 square foot commercial building for the property located on the nor side of Highway 111, east of Washington Street, within the One ElevLa Quinta Shopping Center. 1. Prih ipal Planner Stan Sawa presented the information contained in the,�taff report, a copy of which is on file in the Community Development Department. 2. Mr. Dave Smalley, representing Desert Cities, stated the intent was to provi continuous shade. They did recognize it will obscure the Pos Place sign and would reduce the size so as not to obscure the Post�l Place and still provide a shaded walkway. He continued to give a presentation on the project. 3. Committee Member Bobbitt stated he likes the use of the bougainvilleas and asked Oat the chainlink fence area was. Mr. Smalley stated it was a loading area. Committee Member Bobbitt stated there had been complaints from the property owners to the north regarding the rear architecture. Mr. Smally stated the existing landscaping should blocl\the view. 4. Committee Member Cunningham state it was compatible with the remainder of the Center and he had no objections. 5. There being no further discussion, it was ved and seconded by Committee Members Cunningham/ Bobbitt to dopt Minute Motion 2001-038 recommending approval of Site D velopment Permit 2001-712, as requested. r) 30 G:\WPD0CS\ARLC\ALRC9-5-01.wpd 7 FROM FAX NO. : U AM-CRAUE ARCHRCTURAI GROur Innovations In Architecture RICHARD J. CRANE, JR., AIA ARCHITECT City of La Quint& Re: Park Building at La Quints Community Park ATTACHMENT 9 I thought it would be helpful for those re,-iewing these plans to have an idea of what the building would look like in three din msions, so 1 did the attached quick perspective. There socm to be some concerns over the design of the building. For.that reason, I thought it might also be helpful if I shoved the thought process that led me to this particular design. My first two concerns were function and durability. In regards to durability, the materials we propose to use arc the same as thooe we've used on park projects throughout Southern California and have proven to be durable. Replacing the wood trellis with one made ofmctal may be an appropriate solution give your climate but it isn't devoid of maintenance issues— it is n a lgeation where kids most likely %%ill congregate and its finish will be subject to chipping and fire demands of continued maintenance. Functionally, it is important in a park restroom to provide cross -ventilation and natural light while maintaining privacy. Clerestories Arc an ideal way to accomplishing these goats. Placing louvers in the clerestory openings would eliminate much of the dsyllght they would otherwise provide. The last issue I'd Ile to address is the overall look of the building. 1'he direction 1 was give by city :Iafffollo"ng a preliminary design was to design a Spanish styk building. One element typical of this styk is the reduction of the overall building into a series of srmller building masses. This was done on this design and may be whet a member of the design review committee was referring to when be said the design was choppy. NWle my feelings on the matter are subjective, 1 believe that the individual building elements have been arranged and proportioned so that they Oct together to create a greater whole. Pkasc feel free to contact me if you have any additional questions. Sincerely, /1041 04� Mark Thomas Blumer Architect . 601 N. HARBOR BLVD., SUITE 201 • FULLERTON, CA 82832 a 714/525-0363 • FAX 714/525-9826 EAML: cranes • WEB: htip:/Avww.o*nearchbecturalgrp.con 30 �1 s of Ed Wd2t : so low 17 1100 IN Xdd