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2003 01 07 CCIV V ea# 4 44dja City Council Agendas are available on the City's web page @www.la-quinta.org City Council Agenda CITY COUNCIL CHAMBER 78-495 Calle Tampico - La Quinta, California 92253 Regular Meeting Tuesday January 7, 2003 - 2:00 p.m. Beginning Resolution. No. 2003-001 Ordinance. No. 380 CALL TO ORDER ROLL CALL: Council Members: Henderson, Osborne, Perkins, Sniff, Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: Time permitting, the City Council may conduct Closed Session discussions during the dinner recess. Additionally, persons identified as negotiating parties, do not attend the closed session when the City is considering acquisition of real property. RECONVENE 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time, members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. I City Council Agenda Page 1 January 7, 2003 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 Vill. WRITTEN CORRESPONDENCE IX. APPROVAL OF MINUTES 1 . APPROVAL OF THE MINUTES OF DECEMBER 17, 2002. 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 JANUARY 7, 2003. 2. ACCEPTANCE OF PROJECT NO. 2001-02 WASHINGTON STREET PAVEMENT REHABILITATION. 3. ACCEPTANCE OF MODIFICATIONS TO THE OASIS 1 1 1 ART PIECE. 4. APPROVAL OF TEMPORARY STREET CLOSURE FOR SPECIAL EVENT - RIVERSIDE COUNTY SHERIFF. 5. APPROVAL OF A FINAL MAP FOR PARCEL MAP 30631, SAGEBRUSH ESTATES, CHOICE ENTERPRISE. 6. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY DEVELOPMENT DIRECTOR TO ATTEND THE AMERICAN PLANNING ASSOCIATION CONFERENCE IN DENVER, COLORADO, MARCH 29 TO APRIL 2, 2003. 7. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY DEVELOPMENT DIRECTOR, PLANNING MANAGER, AND PLANNING COMMISSION TO ATTEND THE LEAGUE OF CALIFORNIA CITIES PLANNERS INSTITUTE TO BE HELD IN SAN DIEGO, CALIFORNIA, MARCH 2O-22, 2003. 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 30834, STONE CREEK RANCH, MADISON ESTATES, LLC. City Council Agenda Page 2 January 7, 2003 XI. Ku XIV BUSINESS SESSION CONSIDERATION OF DOG PARK LOCATIONS. A. MINUTE ORDER ACTION. 2. CONSIDERATION OF AN AMENDMENT TO CHAPTER 11.96 OF THE LA QUINTA MUNICIPAL CODE TO ADD SECTION 11.96.0,t0, SETTING FORTH REGULATIONS FOR THE USE OF SKATEBOARDING PARKS. A. READ ORDINANCE BY NUMBER AND TITLE ONLY AND WAIVE FURTHER READING. B. INTRODUCE ORDINANCE ON FIRST READING. 3. CONSIDERATION OF AN ART PIECE FOR OMRI AND BONI'S RESTAURANT. A. MINUTE ORDER ACTION 4. CONSIDERATION OF CITY COUNCIL COMMITTEE ASSIGNMENTS FOR THE YEAR 2003. A. MINUTE ORDER ACTION STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1 . CITY COUNCIL AD HOC COMMITTEE REPORTS 2. CVAG COMMITTEE REPORTS 3. CHAMBER OF COMMERCE WORKSHOP/INFORMATION COMMITTEE (PERKINS) 4. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 5. C.V. MOUNTAINS CONSERVANCY (SNIFF) 6. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON) 7. LEAGUE OF CALIFORNIA CITIES COMMITTEE (HENDERSON) 8. MUSEUM EXPANSION COMMITTEE (ADOLPH/SNIFF) 9. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 10. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION 11. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON -ALTERNATE) 14. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 15. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH -ALTERNATE) 16. CULTURAL ARTS COMMISSION MEETING MINUTES FOR NOVEMBER 14, 2002. DEPARTMENT REPORTS 1 . CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENT 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS City Council Agenda Page 3 January 7, 2003 4. BUILDING AND SAFETY REPORT 5. COMMUNITY DEVELOPMENT REPORT 6. COMMUNITY SERVICES REPORT 7. FINANCE DIRECTOR 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER REPORT 9. POLICE CHIEF REPORT 10. FIRE CHIEF 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. Any person may submit written comments to the La Quinta City Council/ Redevelopment Agency before a public hearing or may appear and be heard in support of, or in opposition to, the approval of the project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING ON THE ADOPTION OF A RESOLUTION TO VACATE A PORTION OF CALLE TAMPICO NEAR AVENIDA NAVARRO. A. RESOLUTION ACTION. 2. PUBLIC HEARING ON THE ADOPTION OF A RESOLUTION TO VACATE A PORTION OF MADISON STREET BETWEEN AVENUE 48 AND AVENUE 60 RESERVING ALL THE NECESSARY EASEMENTS FOR THE EXISTING UTILITIES. A. RESOLUTION ACTION. City Council Agenda Page 4 January 7, 2003 JOINT PUBLIC HEARING FOR CONSIDERATION OF: 1) AN AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND SANTA ROSA PLAZA, LLC PURSUANT TO WHICH THE AGENCY WOULD PURCHASE FROM SANTA ROSA PLAZA LLC 6.81 ACRES OF PROPERTY (THE HOTEL PARCEL); 2) AN AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BY AND BETWEEN THE AGENCY AND SANTA ROSA LLC PURSUANT TO WHICH THE AGENCY WOULD PURCHASE FROM SANTA ROSA PLAZA, LLC 2.4 ACRES OF PROPERTY ("COMMERCIAL PARCELS"); AND 3) A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE AGENCY AND BISON HOTEL GROUP, LLC (THE "DEVELOPER") PURSUANT TO WHICH THE AGENCY WOULD SELL THE HOTEL PARCEL AND THE COMMERCIAL PARCELS TO THE DEVELOPER TO FACILITATE THE DEVELOPMENT OF AN EMBASSY SUITES HOTEL IN THE VILLAGE OF LA QUINTA. A. RESOLUTION ACTION(S) 4. JOINT PUBLIC HEARING TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-466 REGARDING THE APPROVAL AND CONSTRUCTION OF 149 SENIOR AFFORDABLE DETACHED HOUSES AND 36 SINGLE FAMILY MARKET RATE DWELLING UNITS ON APPROXIMATELY 32 ACRES LOCATED AT THE NORTHEAST CORNER OF AVENUE 48 AND ADAMS STREET. A. RESOLUTION ACTION(S). 5. JOINT PUBLIC HEARING FOR CONSIDERATION OF AN AFFORDABLE HOUSING AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND SANTA ROSA DEVELOPMENT, INC., A CALIFORNIA CORPORATION, FOR THE SALE AND DEVELOPMENT OF 20.04 ACRES OF AGENCY PROPERTY LOCATED NORTHEAST OF THE INTERSECTION OF AVENUE 48 AND ADAMS STREET IN LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2. A. RESOLUTION ACTION(S) JOINT PUBLIC HEARING FOR CONSIDERATION OF AN AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND SANTA ROSA DEVELOPMENT, LLC. A CALIFORNIA CORPORATION, FOR THE SALE OF 11.9 ACRES OF AGENCY PROPERTY LOCATED NORTHEAST OF THE INTERSECTION OF AVENUE 48 AND ADAMS STREET IN THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2. A. RESOLUTION ACTION(S) XIX. ADJOURNMENT Adjourn to a regularly scheduled City Council Meeting to be held January 21, 2003 at 2:00 p.m in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253, commencing with closed session items at 2:00 p.m. and open business session at 3:00 p.m. City Council Agenda Page 5 January 7, 2003 DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of Tuesday, January 7, 2003, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Stater Bros. 78-630 Highway 1 1 1, on Friday, January 3, 2003. DATED: January 3, 2003 JUNE S. GR EK, CMC, City Clerk City of La Quinta, California PUBLIC NOTICES The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, 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 for distribution. 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. r?116 City Council Agenda Page 6 January 7, 2003 T4ht 4 4 Qu&ro COUNCIL/RDA MEETING DATE: JANUARY 7, 2003 ITEM TITLE: Demand Register Dated January 7, 2003 RECOMMENDATION: Approve Demand Register Dated January 7, 2003 BACKGROUND: Prepaid Warrants: 52105 - 521211 176,379.89 52122 - 521431 25,520.82 Wire Transfers} 162,050.06 P/R 10038 - 101431 166,504.99 P/R Tax Transfers} 39,889.57 Payable Warrants: 52144 - 522921 557,971.26 $1,128,316.59 FISCAL IMPLICATIONS: Demand of Cash - City $966,463.69 Demand of Cash -RDA $161,852.90 Y.Falconer,Find ce irector AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING CITY OF LA QUINTA BANK TRANSACTIONS 12/11/02 - 12/24/02 12/22/02 WIRE TRANSFER - DEFERRED COMP 12/22/02 WIRE TRANSFER - PERS 12/22/02 WIRE TRANSFER - CREDIT UNION 12/23/02 WIRE TRANSFER - RDA RSCROW 12/23/02 WIRE TRANSFER - RDA RSCROW TOTAL WIRE TRANSFERS OUT $9,860.58 $11,397.48 $5,792.00 $95,000.00 $40,000.00 $162,050.06 low 002 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 1:12PM 12/24/02 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.*** 52144 12/24/02 &01887 JOAN BARNETT 28.00 52145 12/24/02 &01888 LARSEN GOLF CARS 30.00 52146 12/24/02 &01889 KATHLEEN HUGHES 25.00 52147 12/24/02 4IM100 4IMPRINT 606.99 52148 12/24/02 ACE010 ACE HARDWARE 951.81 52149 12/24/02 ACT100 ACT GIS INC 760.00 52150 12/24/02 ADT100 ADT SECURITY SVC INC 173.00 52151 12/24/02 AME200 AMERIPRIDE UNIFORM SVCS 54.97 52152 12/24/02 ANW100 AN-WIL BAG CO 400.83 52153 12/24/02 ARC100 ARCH 836.90 52154 12/24/02 ART095 ARTISTRY IN GLASS 52.25 52155 12/24/02 ASI050 ASI SIGN SYSTEMS 246.47 52156 12/24/02 ATC010 ATCO INTERNATIONAL 581.30 52157 12/24/02 BEA100 BEAUMONT MOTORCYCLES, LLC 771.40 52158 12/24/02 BER150 BERRYMAN & HENIGAR INC 1350.00 52159 12/24/02 BES150 BEST SIGNS INC 1773.37 52160 12/24/02 BOG100 SHARON BOGAN 112.00 52161 12/24/02 BRA150 JOHN BRANSTETTER 250.00 52162 12/24/02 BRI100 BRINKS INC 300.00 52163 12/24/02 BUN100 BUNDLE BANDS 88.85 52164 12/24/02 CAD010 CADET UNIFORM SUPPLY 326.36 52165 12/24/02 CAL059 STATE OF CALIF OFFICE OF 5.00 52166 12/24/02 CAL237 CALIFORNIA OVERNIGHT 45.00 52167 12/24/02 CAM010 CAM 50.00 52168 12/24/02 CAR005 CARLOS CARBAJAL 250.00 52169 12/24/02 CAR050 CAREER TRACK 149.00 52170 12/24/02 CDW050 CDW GOVERNMENT INC 1568.76 52171 12/24/02 CEN010 CENTURY FORMS INC 51.66 52172 12/24/02 CER100 CERTIFIED LABORATORIES 107.82 52173 12/24/02 CHA300 JOSE CHAVEZ 275.00 52174 12/24/02 CHE050 CHECKMATE EXCHANGE 171.33 52175 12/24/02 CIT025 CITICORP VENDOR FINANCE 148.75 52176 12/24/02 COA067 COACHELLA VLLY PONTIAC 331.59 52177 12/24/02 COA071 COACHELLA VALLEY PRINTING 526.86 52178 12/24/02 COM015 COMPUTER U LEARNING CENTR 543.75 52179 12/24/02 C00050 J P COOKE CO, THE 130.82 52180 12/24/02 COR150 CORPORATE EXPRESS 335.27 52181 12/24/02 DAN200 DANONE WATERS OF NORTH 385.12 52182 12/24/02 DAT090 DATAPRINT CORPORATION 102.90 52183 12/24/02 DES060 DESERT SUN PUBLISHING CO 2198.03 52184 12/24/02 DES065 DESERT TEMPS INC 3054.58 52185 12/24/02 DES085 R CANTU/DESERT VIEW TREE 2625.00 52186 12/24/02 DES450 DESIGN WORKSHOP INC 8387.92 52187 12/24/02 DET200 DETROIT INDUSTRIAL TOOL 427.49 52188 12/24/02 DIE050 DIETERICH POST 90.80 52189 12/24/02 DOU200 LES DOUGLAS 10.50 52190 12/24/02 DRE050 DREAM ENGINEERING INC 180.00 003 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 1:12PM 12/24/02 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 52191 12/24/02 DUN200 KATHY DUNHAM 50.40 52192 12/24/02 ELE035 ELECTRONIC ENTRY SYSTEM 219.48 52193 12/24/02 EQUO10 DALE EQUITZ 100.00 52194 12/24/02 EXP200 EXPRESS DETAIL 415.00 52195 12/24/02 FAL050 JOHN FALCONER 403.89 52196 12/24/02 FED010 FEDERAL EXPRESS CORP 245.03 52197 12/24/02 FIL100 GIA FILICE 50.00 52198 12/24/02 FIR015 FIRST AMERICAN REAL 151.49 52199 12/24/02 FIR017 FIRST CHOICE SERVICES 160.44 52200 12/24/02 GAR040 GARZA TURF & POWER EQUIP 76.93 52201 12/24/02 GE0010 GEORGE'S GOODYEAR 190.44 52202 12/24/02 GMA100 GMA 25300.00 52203 12/24/02 GRA010 GRANITE CONSTRUCTION CO 91.94 52204 12/24/02 HAR100 JOHN HARDCASTLE 28.60 52205 12/24/02 HIG010 HIGH TECH IRRIGATION INC 28.09 52206 12/24/02 HIN010 HINDERLITER, DE LLAMAS 1008.14 52207 12/24/02 HOM030 HOME DEPOT 1560.41 52208 12/24/02 H00050 FAYE HOOPER 75.00 52209 12/24/02 INL200 INLAND POWER EQUIPMENT CO 107.53 52210 12/24/02 INN100 INN SUITES HOTELS 781.60 52211 12/24/02 INT018 INTERNATIONAL PERSONNEL 263.70 52212 12/24/02 JAS100 JAS PACIFIC INC 8389.92 52213 12/24/02 JPRO10 JP REPROGRAPHICS 289.49 52214 12/24/02 KIN100 KINER/GOODSELL ADVERTISNG 3858.62 52215 12/24/02 K00100 KOOLFOG MISTING SYSTEM 45.00 52216 12/24/02 KRI100 BRUCE KRIBBS CONSTRUCTION 9172.00 52217 12/24/02 LAQ010 LA QUINTA ARTS FOUNDATION 100000.00 52218 12/24/02 LAQ030 LA QUINTA CAR WASH 25.90 52219 12/24/02 LEA020 LEAGUE OF CALIF CITIES 7985.00 52220 12/24/02 LES020 JANELLE LESLIE 23.10 52221 12/24/02 LOW100 LOWE'S COMPANIES INC 59.74 52222 12/24/02 MAI100 MAIL BOXES ETC 23.57 52223 12/24/02 MAP010 MAPLE LEAF PLUMBING 565.04 52224 12/24/02 MCDO10 MC DOWELL AWARDS 126.39 52225 12/24/02 MDS200 MD SOLUTIONS 220.00 52226 12/24/02 MEE100 WAYNE MEEDS 150.00 52227 12/24/02 MEN040 RUBEN M MENDOZA 175.00 52228 12/24/02 MOB200 MOBILE SATELLITE VENTURES 219.39 52229 12/24/02 M00095 MOORE MAINTENANCE & 4175.00 52230 12/24/02 MOY100 RICARDO MOYA 2640.00 52231 12/24/02 MUN101 MUNICIPAL MANAGEMENT ASSC 150.00 52232 12/24/02 NAT003 NATIONAL ANIMAL CONTROL 950.00 52233 12/24/02 NEX010 NEXTEL COMMUNICATIONS 1407.15 52234 12/24/02 NIC101 NICKERSON & ASSOC INC 9790.00 52235 12/24/02 OFF005 OFFICE DEPOT INC 1684.93 52236 12/24/02 PAD030 PADILLA AUTOMOTIVE 80.00 52237 12/24/02 PAR125 RACHEL PARRISH 35.00 52238 12/24/02 PCM050 PC MAGAZINE 39.97 52239 12/24/02 PIT100 NOEL PITTMAN 70.00 m ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 1:12PM 12/24/02 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 52240 12/24/02 PLA020 THE PLANNING CENTER 679.30 52241 12/24/02 POW100 POWERS AWARDS 292.70 52242 12/24/02 PRE015 THE PRESS -ENTERPRISE CO 309.90 52243 12/24/02 PRIO16 PRIME -STRIPE INC 529.21 52244 12/24/02 PUR100 PURKISS ROSE-RSI 1712.00 52245 12/24/02 RAD050 RADIO SHACK 8.29 52246 12/24/02 RAL050 RALPHS GROCERY CO 173.66 52247 12/24/02 RAS020 RASA - ERIC NELSON 4685.00 52248 12/24/02 RAS035 CHARLOTTE RASHMI-GRAFF 68.25 52249 12/24/02 RIE200 PAT RIENSCHE 361.20 52250 12/24/02 RIV101 RIV COUNTY SHERIFF/INDIO 4048.00 52251 12/24/02 RIV325 RIVERSIDE RUBBER STAMP 19.50 52252 12/24/02 ROD100 MOISES RODARTE 300.00 52253 12/24/02 ROM020 ROMAN INC 346.39 52254 ** AP CHECK RUN VOID ** 52255 12/24/02 ROS010 ROSENOW SPEVACEK GROUP 71304.51 52256 12/24/02 ROT100 ROTO ROOTER 132.31 52257 12/24/02 RUI050 JOSE RUIZ 750.00 52258 12/24/02 RUI100 JOHN RUIZ 4.78 52259 12/24/02 SCI100 LOUISE SCIUTTO 90.00 52260 12/24/02 SEL020 SELECT FIRST AID 187.51 52261 12/24/02 SIE075 SIERRA LANDSCAPE CO INC 5434.15 52262 12/24/02 SIM020 JAMES E SIMON CO 219178.32 52263 12/24/02 SMA010 SMART & FINAL 583.44 52264 12/24/02 SMI020 SMITH PIPE & SUPPLY INC 6.51 52265 12/24/02 SOU007 SOUTHWEST NETWORKS, LNC 4566.00 52266 12/24/02 SOU008 SOUTHWEST MOBILE STORAGE 214.50 52267 12/24/02 SOU100 SOUTHLAND GEOTECHNICL INC 1329.75 52268 12/24/02 STA045 STAN'S AUTO TECH 198.23 52269 12/24/02 STA050 STAPLES 737.31 52270 12/24/02 ST0040 CAM STONE'S AUTOMOTIVE 2797.21 52271 12/24/02 STS100 LEONARD ST SAUVER 114.40 52272 12/24/02 SUN075 SUNLINE TRANSIT AGENCY 524.50 52273 12/24/02 TAG100 TAG/AMS INC 50.00 52274 12/24/02 TIM075 TIME WARNER CABLE 122.33 52275 12/24/02 TOP010 TOPS'N BARRICADES INC 371.33 52276 12/24/02 TRI100 TRI STATE LAND SURVEYORS 6355.00 52277 12/24/02 TRU010 TRULY NOLEN INC 393.00 52278 12/24/02 UND010 UNDERGROUND SERVICE ALERT 65.00 52279 12/24/02 USB050 U.S.BANK TRUST NATL ASSOC 4915.80 52280 12/24/02 UST050 U S TOY CO INC 258.24 52281 12/24/02 VAL005 VALLEY ANIMAL CLINIC 120.00 52282 12/24/02 VAL020 VALLEY PLUMBING 67.99 52283 12/24/02 VAL200 VALLEY PARTNERSHIP 154.00 52284 12/24/02 VAN075 VANDORPE CHOU ASSOC INC 2122.50 52285 12/24/02 VER100 RUBEN VERDUGO 25.00 52286 12/24/02 VID050 VIDEO DEPOT 35.82 52287 12/24/02 VIP100 V I PEOPLE INC 317.06 52288 12/24/02 WAL010 WAL MART COMMUNITY 443.75 UIl 005 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME 52289 12/24/02 WHE050 WHEELER'S 52290 12/24/02 WIN150 WINSOR FIREFORM 52291 12/24/02 WOR100 WORLDCOM 52292 12/24/02 XER050 XESYSTEMS INC CHECK TOTAL 1:12PM 12/24/02 PAGE 4 PAYMENT AMOUNT 125.00 2395.20 1160.00 1256.64 557,971.26 006 Z .-i M N M H N M Q T) l0 < H H H a o E z N O v' N x U r Q\ M M M 41 Ol Ol 41 O1 61 J1 Ol 4\ 0\ Ol m M M M N .-+ W F N N N N N N N N N N N N N N N N cN N N N N N <H H H H H H H H H H H H H H H H H H H H H E < W E E E-F E E E E+ El E E E F F+ E F E+ F F F E E a a M M O O O m H O Ol �fl O r M M C' r l0 m r N O O r N E O O O H m r lD m m O O r �O 0) N r O O O m ,-, Z w E Z m O H N O m vn M O 1" M r v H N N O M c O N M N a' N M r r M r v N H r N r ill O O O O1 H O O O O O (71 m O O N w M N m O r > w o o r O 7 ❑ V < H m Z a O w H a cn a a << a a w a a FC W t FC Z U< < U< < Z F Z F cn E H FH E Z ElF O O O cn O rk ❑ O 0 < O O w H F u) F < F O W E El F-F El E. 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NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 52122 12/19/02 CAL167 CALPERS LONG-TERM CARE 26.31 52123 12/19/02 COA080 COACHELLA VALLEY WATER 10792.91 52124 12/19/02 COA082 COACHELLA VALLEY WATER 2128.98 52125 12/19/02 DAY010 DAY -TIMER 127.57 52126 12/19/02 GAS010 GASCARD INC 1384.80 52127 12/19/02 GOV100 GOVERNMENT FINANCE 415.00 52128 12/19/02 GUM050 BRAD GUMMER 381.50 52129 12/19/02 IMPO10 IMPERIAL IRRIGATION DIST 104.05 52130 12/19/02 IMP012 IMPERIAL IRRIGATION DIST 1000.00 52131 12/19/02 LAQ050 LA QUINTA CITY EMPLOYEES 689.91 52132 12/19/02 PET005 CASH/PETTY CASH 162.53 52133 12/19/02 POW300 POWER PERSONNEL INC 6307.63 52134 12/19/02 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 52135 12/19/02 SOCO10 THE SOCO GROUP INC 131.84 52136 12/19/02 SOU002 SOUL OF CHINA 392.47 52137 12/19/02 STA044 DARREN STANLEY 62.50 52138 12/19/02 UNIO05 UNITED WAY OF THE DESERT 176.00 52139 12/19/02 VER200 VERIZON 297.43 52140 12/19/02 VER201 VERIZON 173.47 52141 12/19/02 WEI050 MARK WEISS 23.00 52142 12/19/02 WEL025 WELLS FARGO BANKCARD 298.92 52143 12/19/02 WIL015 DEBBIE WILLIAMS 17.50 CHECK TOTAL 25,520.82 �yl 0025 z m H N M v' Ifl lD f m C3, C m O F Z N 0 rn N U rn U C7 U C7 C7 C7 C7 Ci C7 C� C7 C7 C7 U U' C7 W F C7 < rn W w W W W w4 w W W W w W W W w W u� m E-F F H F F F H F H F El F H F FF F F < d w N .. 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NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 52105 12/13/02 ATT200 AT&T 52106 12/13/02 DES012 DESERT CITIES CATERING 52107 12/13/02 GAS010 GASCARD INC 52108 12/13/02 IMPO10 IMPERIAL IRRIGATION DIST 52109 12/13/02 JIM100 JESSE JIMENEZ 52110 12/13/02 PHI100 PHILIPS MEDICAL SYSTEMS 52111 12/13/02 PIZ050 PIZZA HUT 52112 ** AP CHECK RUN VOID ** 52113 12/13/02 RUT050 RUTAN & TUCKER 52114 12/13/02 SAF020 SAFEGUARD HEALTH PLANS 52115 12/13/02 SAL160 JOSE LUIS SALINAS 52116 12/13/02 SCI100 LOUISE SCIUTTO 52117 12/13/02 SOU010 SOUTHERN CALIF GAS CO 52118 12/13/02 SPRO10 SPRINT 52119 12/13/02 TR1085 TRI-STAR EXCAVATION INC 52120 12/13/02 VER200 VERIZON 52121 12/13/02 VER210 VERIZON INTERNET SOLUTION CHECK TOTAL PAYMENT AMOUNT 187.68 2200.00 772.33 8027.31 239.00 178.00 100.00 112431.26 5565.45 2400.00 100.00 892.91 776.31 41985.00 455.64 69.00 176,379.89 0029 In r 0� O N N m v' lD r OJ 6l U U C7 U U O U U u U 0 0 0 0 0 0 0 0 0 w W W W w W W W W W W W W W W W W W W F H F H F H H H H F F H F F H H F F H O M O Q' r O O O 61 N M O r O to - \o l0 O O M Q' OJ O O O O r-I O Cl) O .-I O 0 H M r O O M O rl N r m N Q' N N m r r r d' r d` O N r co O M O O O l9 O M m O O O r O N r 0l \ -, O W N z O r CV Cl) ❑ r O ra O N r O N a rl rl z z H N O C 0 ElElU U ElU U U u < W W >n >i w z cv o �U+ z W W ❑ E-+ G] a a W W �l ❑ i-7 V7 1] l W F z z FL FC Gl ry' a' a Fl a F FC a i-7 U 00 H a H cn H V U 0 H <El (D f z H Fc z a a a a x x 0 w o < o >>> O z o H o 0 o a a x w w w w w a a H H F x EH m U) ElH El< H w F < c U o a z z z z z U a x a a F o H H H H cn co a w a a s u u u a w a a s u a w W FC U FC FC FC co w o U O z o H. 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❑ x rL << < Q Z Z Z r.; O O .7 w W F F F F E+ E-F O O O >+ O z z Z z z Z C7 v7 W Z m v) Uz u1 UJ N N N < x < < < < < Q W W ry E- I I I I I I -I I -I .-1 x a o H H H H H H w cn w a x x a ❑ z z w Z w w a 0 0 o a x a a a a w w w m z a a a a x x co ID .a w w H H H H H >> > H w z 0 > o c O o 0 0 o O o 0 O to o r-1 m m m m m CDC) r-1 Q >. O O O O 0 O O - ti O CD O O O Cl O N N N U H E- H H H H �. E- w a H J x m H a H a H a H H a a w s w x w (� ^ U I-1 > > l� 0032 A/P - AP6002 CHECKS TO BE VOIDED CITY OF LA QUINTA BANK ID: DEF CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 51872 DEF 11/26/02 2400.00 LAS005 LAS ADELITAS MARIACHI TOTAL VOIDED 2,400.00 1:39PM 12/19/02 PAGE 1 INVOICE DESCRIPTION CIVIC CENTER CAMPUS DEDICATI 01-1 0033 A/P - AP6002 CHECKS TO BE VOIDED 1:36PM 12/19/02 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 51461 DEF 10/29/02 1300.00 MIS100 JACKIE MISURACA TOTAL VOIDED 1,300.00 INVOICE DESCRIPTION TRAVEL ADV/ACO ACADEMY J1110,11 A/P - AP6002 CHECKS TO BE VOIDED CITY OF LA QUINTA BANK ID: DEF CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 50092 DEF 06/28/02 50.00 FIL100 GIA FILICE TOTAL VOIDED 50.00 I 1:26PM 12/17/02 PAGE 1 INVOICE DESCRIPTION INVESTMENT ADVISORY BOARD 0?1 0035 T-VT 4 4Q" COUNCIL/RDA MEETING DATE: January 7, 2003 ITEM TITLE: Acceptance of Washington Street Pavement Rehabilitation Improvements, Project No. 2001-02 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept Project No. 2001-02, Washington Street Pavement Rehabilitation Improvements as 100% complete, authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder, authorize the release of retention in the amount of $42,125.42 thirty-five days following the recording of the Notice of Completion, approve Contract Change Order No. 3 for Early Completion Incentive Bonus in the amount of $10, 000.00 as specified in the project specifications, and approve a final quantity adjustment Contract Change Order No. 4 in the amount of $132,527.25 for additional quantities installed. FISCAL IMPLICATIONS: The following represents the project's approved funding and funding sources: General Fund: Gas Tax: Infrastructure Funds: RDA Project Area No. 1 Funds: Total Funding Available: Less Prior Expenditures: Amount Available: $32,666.00 $72,265.82 $561,068.18 $1, 200, 000.00 $1,866,000.00 ($979,449.05) $886,550.95 The following is an accounting of the project's construction expenditures: Original Contract Amount $689,684.00 Approved Contract Change Orders No. 1-2 $20,297.00 Early Completion Incentive Bonus Change Order No. 3 $10,000.00 Quantity Adjustment Change Order No. 4 $132,527.25 046 O CAW T:\PWDEPT\COUNCIL\2003\030107b.wpd Total Construction Costs - Matich Corporation $852,508.25 Amount Paid to Date ($800,382.84) Remaining 5 % Retention $42,125.42 Early Completion Incentive Bonus CCO No. 3 $10,000.00 Remaining Fiscal Commitment $52,125.41 Adequate funding is available in the project budget to pay the contractor retention and to close-out the construction phase of this project, with the balance available for the Eisenhower Rehabilitation Improvements. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On April 16, 2002, the City Council approved the plans, specifications and engineer's estimate (PS&E) and authorized staff to advertise for bid the Washington Street Pavement Reconstruction Improvements, and authorized staff to modify the proposed scope of work for the Eisenhower Drive rehabilitation improvements to include median islands and median island landscape improvements. On June 18, 2002 the City Council awarded a contract in the amount of $689,684 to Matich Corporation to construct the Washington Street Pavement Rehabilitation Improvements, Project No. 2001-02. The Project's Contract Completion Time of 90 consecutive days began on August 5, 2002. Contract Change Orders No.1 -2 added 27 days to contract extending the completion date to November 29, 2002. The Project was completed on October 16, 2002, which was 44 days prior to the contract completion date. The maximum allowable bonus is $500 per day for a maximum of 20 days or $10,000. Therefore, in accordance with the project specifications, the Contractor is entitled to the maximum early completion incentive of $10,000. The project's construction is now 100% complete and is in compliance with the project plans and specifications. A Quantity Adjustment Change Order has been prepared to adjust the contract quantities from the engineer's estimate up or down to the actual quantities installed on the project. In this case additional asphalt removal and replacement, additional concrete removals, and additional cold planing were required in order to repair additional failed areas of asphalt found during construction. Other items, such as the conduit for the proposed signal at Lake La Quinta, were added after the project was bid resulting in an increase to the final contract amount. 043 T:\PWDEPT\COUNCIL\2003\030107b.wpd 002 Staff recommends the City Council accept this project as 100% complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept Project No. 2001-02, Washington Street Pavement Rehabilitation Improvements as 100% complete, authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder, authorize the release of retention in the amount of $42,125.42 thirty-five days following the recording of the Notice of Completion, approve Contract Change Order No. 3 for Early Completion Incentive Bonus in the amount of $10, 000.00 as specified in the project specifications, and approve a final quantity adjustment Contract Change Order No. 4 in the amount of $132,527.25 for additional quantities installed; or 2. Do not accept Project No. 2001-02, Washington Street Pavement Rehabilitation Improvements as 100% complete, do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder, do not authorize the release of retention in the amount of $42,125.42 thirty- five days following the recording of the Notice of Completion, do not approve Contract Change Order No. 3 for Early Completion Incentive Bonus in the amount of $10, 000.00 as specified in the project specifications, and do not approve a final quantity adjustment Contract Change Order No. 4 in the amount of $132,527.25 for additional quantities installed; or 3. Provide Staff with alternative direction. Respectfully submitted, L ipiothy R. Jorlassor&'P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments 1. Contract Change Order No. 3 2. Contract Change Order No. 4 044 T:\PWDEPT\COUNCIL\2003\030107b.wpd # ie~ ATTACHMENT 1 c&ht 4 a v Q" Sheet 1 of I CONTRACT: Washington Street Pavement Rehabilitation Project PROJECT NO. 2001-02 CONTRACTOR: Matich Corporation P.O Box 50,000 San Bernardino, Ca. 92412 CONTRACT CHANGE ORDER NO.3 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANCE This Contract Change Order allows for the award of an Early Completion Incentive Bonus as provided for in Section 1400-6.5a of the project specifications. Early Completion Incentive Bonus is awarded at $ 500 per day for a maximum of $ 10,000. Contractor completed project 46 days prior to the contract completion date; therefore the contractor is awarded the maximum incentive Bonus of $ 10,000. Amount $ 10,000.00 Previous Contract Amount Through Change Order No.2 $ 709,981.00 Add This Change Order No.3 $ 10,000.00 Revised Contract Total $ 719,981.00 By reason of this contract change order, the time of completion is adjusted as follows: -0- days added to contract time due to time delay incurred for preparation of new striping plans. The revised contract completion date shall be: 11/29/02 xxxx�4cx��x�exxx�ex>F:Fx�ciex��exx��c�exx�x�exxxx�xa'c�exx�Yx�exxxx�xxxic�eie��a`c�exxxir�xxxirxx�xic�'sx��x9cxxx�c4exx Submitted By: Approved By: We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Contractor: Title: Date: T:IPWDEPrPROJECTS\?001 Pdcts�12001-02 Wash_RehabTonstmetionTCO k3.wpd 045 005 ATTACHMENT 2 t4� O F T1 9 Sheet 1 of 2 CONTRACT: Washington Street Pavement Rehabilitation Project PROJECT NO.2001-02 CONTRACTOR: Matich Corporation P.O Box 50,000 San Bernardino, Ca. 92412 CONTRACT CHANGE ORDER NO. 4 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE Thic C'nntrant C'hanae Order allnws for the following additional item ouantites to be added or deleted from the project contract. Item Unit Bid Quantity Actual Installed Quantity Difference Unit Price Additional Cost Remove & Replace PCC Cross Gutter SF 435 870 435 $12.00 $5,220.00 Saw Cut & Remove Asphalt Pavement CY 850 1,227 377 $73.00 $27,521.00 Construct AC Base Course TN 1,720 2,189.31 469.31 $47.00 $22,057.57 Cold Mill Asphalt Pavement SY 34,230 39,086 4,856 $1.00 $4,856.00 Redwood Header LF 1,900 0 (1,900) $3.00 ($5,700.00) Construct 1/2" AC Leveling Course TN 2,300 3,537.79 1,237.79 $41.00 $50,749.39 Construct 1 1/2" ARHM Overlay TN 6,170 6,423.98 253.98 $53.00 $13,460.94 Install Traffic Signal Detector Loops EA 46 61 15 $214.00 $3,210.00 Adjust Sewer Manholes to Grade EA 6 9 3 $800.00 $2,400.00 Adjust Water Valve Cover to Grade EA 16 17 1 $375.00 $375.00 Adjust Monument Well Cover to Grade EA 2 0 (2) $535.00 ($1,070.06) Install Signal Conduit at Lake L.Q. EA 0 1 1 $9,447.35 $9,447.35 Total $132,527.25 U46 TTWDEMPROJECTS\2001 Pdats\2001-02 Wash_Rehab\Construction\CC0#4—pd Previous Contract Amount Through Change Order No.3 $ 719,981.00 Add This Change Order No-4 $ 132,527.25 Revised Contract Total $ 852,508.25 By reason of this contract change order, the time of completion is adjusted as follows: -0- days added to contract time due to time delay incurred for preparation of new striping plans. The revised contract completion date shall be: 11/29/02 Submitted By: Date: Approved By: Date: We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Contractor: Title: Date: T:\PWDEPTIPROIECTS\2001 Pdcts\2001-02 Wash_Rehab\Construction\CCO #4.wpd 007 T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: January 7, 2003 ITEM TITLE: Acceptance of Modifications to the Oasis 111 Art Piece RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept the modifications to the Oasis 111 art piece on Washington Street and Highway 111 ; direct staff to file the Notice of Completion, and authorize the expenditure of $1,870 from previously allocated Art in Public Places funds for the replacement of light fixture in the art piece. FISCAL IMPLICATIONS: The City Council allocated $34,900 for modifications to the Oasis 111 art piece located on the northeast corner of Washington Street and Hwy. 111. During the modification project Mr. De Martino discovered that an unknown party had removed the interior light fixture. The cost of replacing the light fixture is $1,870. Art in Public Places funds have been previously allocated for an art piece to be located at the movie theater, for which Mr. De Martino was commissioned, in the amount of $13,217. Due to the uncertainty of the theater project, funds previously allocated for Mr. De Martino to produce an art piece for the theater may be reallocated to cover the cost of the missing light fixture. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the May 1, 2001 City Council meeting, the City Council considered the Cultural. Arts Commission's recommendations for modifications to the "Oasis 111 " art piece located on the northeast corner of Washington Street and Highway r 111. Attachment 1 provides the staff report that was presented at that time. 1 ' S:\Community Services\CCReports\CC.229.De Martino Modifications..doc After some discussion, the City Council directed the two light poles be removed from the modification plan and approved the remaining modifications, as provided in Attachment 2. At the May 15, 2001 City Council meeting, the City Council approved the modifications to the Oasis 1 1 1 art piece in the amount of $34,900. Section 5.0 (f) of the Professional Services Agreement states that final payment for the modifications will not be released until the art work has been formally accepted by the City Council. The Professional Services Agreement for the modifications is provided as Attachment 3. One concern that both the Cultural Arts Commission and City Council had regarding the "gem" of the art piece is that the past gem changed color and cracked after some time. A portion of Exhibit "A", section III, paragraph 2 of the Professional Services Agreement contains a provision that should the "gem" crack, discolor or in any manner become unsightly, the artist will replace the gem at no cost to the City, during a five year period after the Notice of Completion is filed. The artist, Mr. Louis De Martino, has submitted the final payment for the modifications, pursuant to the Professional Services Agreement. According to Mr. De Martino, he added the external lights on the "mountains" of the art piece to accentuate the mountains. This feature was not included in the Professional Services Agreement for the modifications to the art piece. Mr. De Martino is not requesting additional funds for the additional lighting fixtures. In addition to the final invoice for work, Mr. De Martino has submitted an invoice for payment pertaining to replacement of the internal light fixture located in the art piece. Mr. De Martino states that the light fixture was removed by an unknown party, and was an integral part of the art piece. Therefore, the light fixture needed to be replaced. Funds have been allocated for an art piece to be commissioned by Mr. De Martino for the movie theater. However, due to the uncertainty of that project, the City Council may wish to reallocate funds in the amount of $1,870 from the future art piece to cover the cost of the replacement of the light fixture in the Oasis 1 1 1 art piece. Upon acceptance of the modifications to the Oasis 111 art piece by the City. Council, staff could be directed to issue the Notice of Completion for the project and reallocate funds from the future De Martino piece to cover the cost of the missing light fixture in the amount of $1,870. S:\Community Services\CCReports\CC.229.De Martino Modifications..doc �, FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the modifications to the Oasis 111 art piece on Washington Street and Highway 1 1 1; direct staff to file the Notice of Completion and authorize the expenditure of $1,870 from previously allocated Art in Public Places funds for the replacement of light fixture in the art piece; or 2. Do not accept the modifications to the Oasis 1 1 1 art piece on Highway 1 1 1, do not direct staff to file the Notice of Completion and do not authorize the expenditure of $1,870 from previously allocated Art in Public Places funds for the replacement of light fixture in the art piece; or 3. Provide staff with alternative direction. Respectfully submitted, itz, Com Attachments: nity Services Director Approved for submission by: Thomas P. Genovese, City Manager 1 . Staff Report From May 1, 2001 2. Minutes of City Council Meeting of May 1, 2001 3. Professional Services Agreement for Modifications 054 S:\Community Services\CCReports\CC.229.De Martino Modifications..doc ATTACHMENT 1 C&hf 4 a V a" AGENDA CATEGORY: BUSINESS SESSION: 0 COUNCIL/RDA MEETING DATE: May 1, 2001 CONSENT CALENDAR: STUDY SESSION: Consideration of Modifications to the PUBLIC HEARING: De Martino Art Piece Located on the Northeast Corner of Washington/Hwy. 1 1 1 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The modifications being proposed for the art piece on the northeast corner of Washington Street and Highway 1 1 1 by Mr. De Martino total $36,700. The Art in Public Places fund can be used for this project. This account has an uncommitted balance of $265,993 as of March 31, 2001. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the December 14, 2000 Cultural Arts Commission (Commission) meeting, Mr. Louis De Martino presented ideas for improving the art piece on the northeast corner of Washington Street and Hwy. 1 1 1 . Mr. De Martino stated that he would like to install a larger lucite gem, remove the dark patina from the bronze and enhance the base color of the gem. On March 8, 2001, Mr. De Martino presented a marquette of the "Oasis 111 " sculpture with the modifications for the Cultural Arts Commission's review. Also, Mr. De Martino stated that he would place an enlarged "gem" in the current art piece. To give a sense of perspective of the suggested modification of the "gem", the enlarged "gem" was placed in the art piece at the corner of Washington Street and Highway 1 1 1 for review by the Commissioners. At the April 12, 2001 Commission meeting, Mr. De Martino presented the modifications to the art piece as well as the cost of such work. The proposal for revisions and additions to the "Oasis 1 1 1 " sculpture is provided as Attachment 1. 051 -��4 The Commission reviewed the modifications and has requested that the following recommendations be considered by the City Council: 1. Acid etch and texture the concrete plinth to a variegated charcoal color; 2. Remove the dark patina from the pyramidal bronze "mountains"; 3. Resurface and refinish the bronze finish with a clear urethane; 4. Reface the base of the plinth with a bronze plate to match the bronze "mountains"; 5. Create a translucent jewel in an aquamarine color; 6. Resize the jewel to be eight times larger than the existing jewel; 7. Create bronze "retainers" in which to set the jewel within the "mountains"; 8. Install two lights, one on the Triple A building and one in the trees to shine down on the art piece at night; 9. Provide new ground lighting at the base of the art piece. The lighting system will include all control panels, conduit, lamps and wiring. A marquette of the art piece and the proposed modifications is available in the Community Services Department for review and will be presented at the City Council meeting for the Council's review and consideration. , ABILA111111142M, WT The alternatives available to the City Council include: 1 . Approve the proposed modifications to the De Martino art piece and authorize the expenditure of Art in Public Places funds in the amount of $36,700 for such modifications; or 2. Approve one or more of the proposed modifications to the De Martino art piece and authorize the expenditure of Art in Public Places funds in a different amount for such modifications; or 3. Do not approve proposed modifications to the De Martino art piece; or 4. Provide staff with alternative direction. Respectfully submitted, 4Doiervitz, om nity Services Director S:\Community Services\CCReports\CC.109.De Martino Art Work.wpd Attachments: 1 . Approved for submission by: homas P. Genovese, City Manager Proposal for Revisions and Additions to Oasis 1 1 1 Sculpture s:\Community Services\CCReports\CC.109.De Martino Art work.wpd 053 0106 FROM : Lcu i s Del'lart ino FAX NO. : 909 763 2360 April 3, 2001 Dodie Horvitz City of La Quinta Comrnunity Development Department 78-495 Calle Tampico La Quinta, CA 92253 PROPOSAL FOR REVISIONS AND ADDITIONS TO OASIS 1 I I SCULPTURE Acid -etch and texture the concrete plinth to a variegated charcoal color to match the background mountains, when they are in the deep shadows of twilight. Remove the existing patina of the pyramidal bronze mountains. Resurface the bronze and refinish to a matt -polished surface. Seal and protect the bronze finish with a twenty-five year clear urethane. Reface the base of the plinth with bronze 'plate to depict continuity with pyramidal bronze mountains. Create a new translucent acrylic jewel designed to glow as a cut and polished sapphire. The new jewel size will be approximately eight times larger than the existing gem (or slightly ten percent.less than the Styrofoam mock-up model on the site). Create and fabricate bronze retainers that will act as a setting for the new gem. Add a complete lighting system that will include two sixteen foot lighting poles for down lighting; a new interior lighting system to create a radiating glow for the gem; and new ground lighting for frontal illumination. The lighting system shall include a complete control system, all conduits, junction boxes, lamps and power WiritiZg. COST: $ 36,700 Submitted by, Louis DeMartino ►.o. pox 391370 • 38921 nswl,av 92MV - MMZA, 1,N - 92539 Fri2Nvz r9091 763-1315 - rllx: 19091 763-2360 G54. �.07 ATTACHMENT 2 City Council Minutes 10 May 1, 2001 Council Member Sniff agreed with designing a more passive use with grass only. Mayor Pena suggested adding a few benches (not picnic tables) and leaving some of the area in its natural state to discourage parties. In response to Mayor Pena, City Manager Genovese confirmed the contract with Ray Lopez Associates can be modified to include a passive design for the lots adjacent to Eisenhower Park and a drawing brought back to Council for review. Council concurred. MOTION - It was moved by Council Members Sniff/Adolph to approve a Professional Services Agreement with Ray Lopez Associates for design/build services for three mini -parks to include remodeling and upgrading Eisenhower Park. A passive design on the vacant lot north of the existing park is to come back to Council for approval. To design and build a mini -park at the western boundaries of Saguaro and Bottlebrush Drives and at the northwest corner of Calle Temecula and Avenida Velasco on property donated by Mr. Meyran. Motion carried unanimously. MINUTE ORDER NO. 2001-58. 6. CONSIDERATION OF MODIFICATIONS TO THE DEMARTINO ART PIECE LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND HIGHWAY 111. Community Services Director Horvitz presented the staff report. In response to Council Member Henderson, Ms. Horvitz stated the artist contends the gem material will be more durable than the existing gem. The artist also proposes to set the aquamarine color gem on brackets extended from the mountains and additional lighting above and below the entire art piece. Council Member Sniff noted a light fixture window already exists under the gem to illuminate the Lucite material. Mayor Peiia questioned the need for additional lighting except for a light to illuminate the gem. Council concurred. Council Member Henderson stated she wished to have some assurance on the durability of the gem material. 015 W City Council Minutes 1 1 May 1, 2001 Ms. Horvitz advised the Cultural Arts Commission has recommended the proposed gem be reduced in size by 10% Council concurred. MOTION - It was moved by Council Members Sniff/Henderson to approve modifications to the De Martino art piece at Highway 111 and Washington Street (including internal lighting and excluding additional external lighting) and authorize the expenditure of Art in Public Places funds in the amount of $36,700. Motion carried unanimously. MINUTE ORDER NO. 2001-59. 7. CONSIDERATION OF THE JEFFERSON STREET BRIDGE RAILING ENHANCEMENTS. Community Services Director Horvitz presented the staff report. Council Member Perkins expressed a preference for Design #1. Council concurred. Ms. Horvitz advised the Cultural Arts Commission has recommended a raised design at the bottom and horizontal lines similar to the Washington Street bridge railing design. Council concurred. MOTION - It was moved by Council Members Sniff/Adolph to approve the Cultural Arts Commission's recommendations for the Jefferson Street bridge railing enhancements and direct staff to finalize the design with the Navarretes. Motion carried unanimously. MINUTE ORDER NO. 2001-60. Council recessed to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT - None C*6 WE ATTACHMENT 3 [QUITM3 _:u, LeiOR THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, (the "City"), a California municipal corporation, and LOUIS DE MARTINO, (the "Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF Consultant A. Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services related to the modifications to the artwork on the northeast corner of Washington Street and Hwy. 111 , as specified in the "Scope of Work" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant agrees that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. B. Consultant's Proposal. The Scope of Work shall include the Consultant's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. C. Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of THE CITY OF LA QUINTA and any Federal, State or local governmental agency of competent jurisdiction. D. Licenses. Permits Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. E. Familiarity with Work. By executing this Agreement, Consultant represents that (a) it has investigated and considered the work to be performed, (b) it has investigated the site of the work and acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by THE CITY, it shall immediately inform THE CITY of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in 5.B hereof). F. Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by THE CITY, except such losses or damages as may be caused by THE CITY's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to THE CITY, when such inaccuracies are -due to the negligence of Consultant. G. Additional Services. In accordance with the terms and conditions of this Agreement, the Consultant shall perform services in addition to those specified in the Scope of Work (Exhibit "A") and the Project ScIft? attached as Exhibit "B" hereto and incorporated herein by reference, when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. 2.0 DELIVERABLES. A. wally. Consultant shall be responsible for preparation of Instruments of Service or deliverables as specified in the List of Deliverables (Exhibit "C"), attached hereto and herein incorporated by reference. All written deliverables shall be in an 8.5 inch by 11.0 inch camera ready reproducible format, printed on one side only, and on a 3.5" disk in Word Perfect 7 format. All graphic material shall be as specified in Exhibit "C" or as directed by the City. B. Meetings. The meetings corresponding to services for this contract are set forth in the Lists of Meetings, attached as Exhibit "D" and herein incorporated by reference. The List of Meetings may be amended by mutual consent of the CITY'S CONTRACT OFFICER , and Consultant. C. Monthly Progress Reports. Consultant shall submit to THE CITY a written monthly progress report attached to the request for payment. These reports are considered a deliverable and, as such, a condition of this Agreement. Each progress report shall include, at a minimum, the following: • For each Task, a brief statement of the work performed since the last monthly progress report; • For each Task, a comparison of actual accomplishments to established objectives, milestones and/or deadlines; • Identification of reason(s) for "slippage" or "delay" if deadlines were not met or for failure to meet objectives or milestones. • Discussion of any issues that may have arisen or are expected to arise, problems encountered, changes in personnel, etc., that could affect or are affecting the work. • Discussion of any proposed changes in or amendments to the Scope of Work, attached hereto and herein incorporated by reference, and any delays or deviations from the Project Schedule, attached as Exhibit "B" hereto and incorporated herein by reference. • Work planned for the next reporting period and anticipated accomplishments. Each monthly progress report shall be updated to reflect an entire calendar month and subsequently submitted as a required attachment to any request for payment submitted by Consultant. Receipt and approval of monthly progress reports by THE CITY is mandatory prior to any issuance of payment to Consultant. D. Quarterly Update. THE CITY may require that Consultant update the Project Schedule on a quarterly basis, dependent upon the nature and number of extensions that may have been previously approved. These updates are considered a deliverable and, as such, a condition of this Agreement. 3.0 COMPENSATION. A. Agreement Sum. For services rendered pursuant to this Agreement, THE Consultant an amount not to exceed $34,900 (Thirty four thousand, nine hundred dollars) CITY shall pay to in accordance with 056 -it the "Project Budget ", dated, and attached as Exhibits "E" . B. Maximum Amount of Allowable Costs. The "Project Budget " attached as Exhibit "E", states the maximum allowable costs ("total costs" as shown in the last column) for each of the tasks identified in the "Scope of Work" Exhibit "A" and supplements thereto, all of which are attached and incorporated herein by reference. C. Payment to Consultant. Payment shall be made to Consultant only. It shall be the responsibility of Consultant to pay all Consultants, subConsultants and/or vendors for purchased goods or services. D. Payment in Arrears. Payment to Consultant shall be made in arrears, not more frequently than once every month, except that advance payments may be made for expenses related to - "Workshops" when circumstances dictate and when approved by THE CITY. E. Total*of Invoices. The total of all invoices for tasks submitted by Consultant shall not exceed the amount set forth in the AGREEMENT SUM above. F. Actual Costs. Reimbursement for the services of Consultant shall be based upon actual expenses incurred. 1). Consultant shall prepare a checklist of milestones (Project Milestones for Progress Payments, Exhibit "F"), such as meetings (List of Meetings attached as Exhibit "D"), and/or deliverables (List of Deliverables attached as Exhibit "C") or other readily identifiable achievements, together with the percent of work represented by that milestone, deliverable, and/or achievement of the total work to be completed to fulfill the terms and conditions of this Agreement. A corresponding entry for each milestone, deliverable, and/or achievement shall be included in the Project Schedule, attached as Exhibit "B" and incorporated herein by reference. Subsequent to THE CITY' S approval of this checklist, payment up to and including ninety percent (90 %) of the maximum allowable cost for each task shall be made to Consultant in accordance with the checklist. By way of example, for a month in which Consultant prepares and submits to THE CITY a draft report which is identified on the checklist as representing thirty percent (30 %) of the total work to complete that Task, Consultant may request payment in the amount of thirty percent (30 %) of the maximum allowable cost for that task. THE CITY shall make payment to Consultant for all such requests for payment up to but not exceeding an amount greater than ninety percent (90%) of the maximum allowable cost for that task. Aforementioned Project Milestones for Progress Payments as approved by THE CITY is attached as Exhibit "F" an incorporated herein by reference. 2). THE CITY shall withhold and retain ten percent (10%) of the maximum allowable cost for each of the aforementioned tasks. Upon completion of work in accordance with the terms and conditions of this Agreement and the Project Milestones for Progress Payments as approved by THE CITY and attached as Exhibit "F" and herein incorporated by reference, THE CITY shall release an amount up to but not exceeding this remainder ten percent (10%) as a lump sum payment to Consultant, upon receipt, review and approval of the modifications to the artwork on the northeast corner of Washington Street and Hwy. 111, Consultant's obligations under the terms of this AGREEMENT shall be deemed discharged upon issuance of the final monthly payment. 3). Payment of Reimbursable. Reimbursable expenses shall be paid in full with every invoice. In no event shall Consultant be reimbursed for any expense related to the purchase and/or consumption of any alcoholic beverage. 3 H. Responsibilities of Consultant. In any month for which Consultant is entitled to payment, Consultant shall submit to THE CITY'S Contract Officer a written request for payment that conforms to the following: • Submitted by or on the tenth day of the following month; • Submitted in a format prescribed by THE CITY. • Submitted together with a monthly progress report. • Submitted together with supporting documentation (bids, receipts, canceled checks, invoices, etc.) or in a format approved by the City. I. Responsibilities of THE CITY. THE CITY'S Contract Officer shall review all requests for payment to determine whether services performed and deliverable(s) submitted are consistent with this Agreement. Upon approval by the Contract Officer, payment to Consultant shall be made as promptly as fiscal procedures permit, generally within 30 days. J. Disputes. In the event of a disputed or contested request for payment, only that portion so disputed or contested shall be withheld from payment and the undisputed portion shall be paid. Consultant' S failure to provide legible receipts shall be grounds for non -reimbursement of related charges. THE CITY shall notify Consultant in writing of the basis of the dispute or contest. K. Records. THE CITY shall have the right to review all books and records kept by Consultant and any sub -Consultants in connection with the operation and services performed under this Agreement. THE CITY shall withhold payment for any expenditure not substantiated by Consultant'S or sub -Consultants' books or records. Consultant shall ensure that such books and records are retained for a period of three (3) years after satisfaction of the terms of this Agreement and that THE CITY shall have reasonable access to said books and records. L. Task Budget Amendments Obligation of Consultant. It shall be the responsibility of Consultant to notify THE CITY that there is a need to consider shifting funds from task to task in order to increase or decrease the maximum allowable cost. Notice shall be given to THE CITY within a reasonable amount of time of discovering the need for revision such that THE CITY may duly consider the need and subsequent impacts upon the work to be completed and the Project Schedule. 4.0 PEREO MANCE SCHEDULE A. Schedule of Service: Consultant will perform services as expeditiously as is consistent with professional skill and care and the orderly progress of the project. B. Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the Schedule of Performance (also referred herein as the "Project Schedule") attached hereto as Exhibit "B" and incorporated herein by this reference. Extensions and amendments to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. C. Force Nlaieure. The time period specified in the Schedule of Performance (also referred herein -as the Project Schedule) attached hereto as Exhibit "B" for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of anvc C governmental agency other than City, and unusually severe weather, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his judgment such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. D. Term. Unless earlier terminated in accordance with Section 8.1-1 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance (Project Schedule) attached hereto as Exhibit "B". I ••'1 f�•_WLYLIJ% A. Reuresentative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Louis De Martino P.O. Box 391370 Anza, CA 92539 909-763-1315 It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for THE CITY to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of THE CITY. B. Contract Offiger. The Contract Officer shall be the City Manager or his designee of THE CITY. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by THE CITY to the Contract Officer. Unless otherwise specified herein, any approval of THE CITY required hereunder shall mean the approval of the Contract Officer. C. Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for THE CITY to enter into this Agreement. Therefore, Consultant shall not contract with any other entity (other than those included in the Scope of Services) to perform in whole or in part the services required hereunder without the express written approval of THE CITY. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of THE CITY. D. Independent Consultant. Neither THE CITY nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent Consultant of THE CITY and shall remain at all times as to THE CITY a wholly independent Consultant with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of THE CITY, E. THE CITY Cooperation. THE CITY shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed which are reasonabl 11-41. 661 14 available to THE CITY. THE CITY shall additionally provide Consultant staff assistance and shall take prompt and appropriate action when it will assist in ensuring timely performance by Consultant hereunder. F. Final Acceptance. The Consultant shall advise the City in writing that the modifications to the Artwork have been completed and becomes the responsibility of the City on the effective date of completion of the project. Following receipt of such notice the City shall cause the modified Artwork to be inspected by suitably qualified and appropriate professional(s), and within five (5) days following completion of such inspection(s), the City shall either provide Consultant with reasonably specific written objections to the modified Artwork or notify the Consultant of its acceptance of the modified Artwork by a Notice of Completion in the form attached hereto as Exhibit G. Such Notice of Completion (Exhibit G) shall be evidence of the satisfactory completion of the modifications to the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. Final Acceptance by the City of the modifications to the Artwork will occur at the filing of the Notice of Completion. At that time, the ownership and responsibility for the Artwork will rest with the City of La Quinta with the exception that the Consultant will replace the "gem" contained in the artwork any time at no additional expense to the City within five years of the filing of Notice of Completion should the "gem" discolor, crack or in any manner become unsightly based upon a determination of the City. G. Risk of Loss. Upon receipt of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by the City. The Consultant shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the Notice of Completion is made by the City. 1 1"M- o 0- d ► . 1 ► .- I A. Insurance. The Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's negligent or wrongful acts or omissions, to the extent of the Consultant's negligence or wrongfulness, rising out of or related to Consultant's performance under this Agreement. Consultant shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws and professional errors and omissions liability insurance. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to THE CITY. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither THE CITY nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming THE CITY and its officers and employees as additional insureds as to the Consultant's liability hereunder shall be delivered to and approved by THE CITY prior to commencement of the services hereunder. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify THE CITY, its Consultants or employees. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Coverage (,personal injury/property damage) Less than $50,000 $100,000 per individual; $300,000 per occurrence; $600,000 in the aggregate $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence 062 ^` 1 B. Indemnification. The Consultant shall defend, indemnify and hold harmless THE CITY, its officers, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by THE CITY) and for errors and omissions committed by Consultant, its officers, employees and agents, arising directly or indirectly out of or related to Consultant's negligent or wrongful performance and to the extent of the Consultant's negligent or wrongful performance under this Agreement, except to the extent of such loss as may be caused by THE CITY's own negligence or wrongfulness or that of its officers or employees. C. Performance Bond. (Not Applicable to this Agreement). D. Payment Boni. (Not Applicable to this Agreement). E. Remedi s. In addition to any other remedies THE CITY may have, if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, at its sole option: 1). Order the Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 2). Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies THE CITY may have and are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subConsultants' performance of work under this Agreement. 7.0 RECORDS AND REPORTS. A. Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. B. Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. C. Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subConsultants and agents in the performance of this Agreement, shall be the property of THE CITY and shall be delivered to THE CITY upon the termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by THE CITY of its full rights of ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied herein. Consultant shall cause all sub -Consultants to assign to THE CITY any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify THE CITY for all damages suffered thereby. t) v D. Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law, or if Consultant must use in defense of a claim. Consultant shall not disclose to any other private entity or person any information regarding the activities of THE CITY, except as required by law or as authorized by THE CITY. 8.0 ENFORCEMENT OF AGREEMENT. A. California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. B. Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, THE CITY may take such immediate action as THE CITY deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any parry's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit THE CITY's right to terminate this Agreement without cause pursuant to Section 8.H. C. Retention of Funds. THE CITY may withhold from any monies payable to Consultant sufficient funds to compensate THE CITY for any losses, costs, liabilities or damages it reasonably believes were suffered by THE CITY due to the default of Consultant in the performance of the services required by this Agreement. D. Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. THE CITY's consent or approval of any act by Consultant requiring THE CITY's consent or approval shall not be deemed to waive or render unnecessary THE CITY's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. E. Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. F. ,gal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. G. LIQUIDATED DAMAGES_. (Not Applicable to this Agreement). H. Termination Prior To Expira ' n Of Term. This Section shall govern any termination of Agreement, except as specifically provided in the following Section 8.I for termination for cause. THE C06 4 - 17 reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Project Budget (Exhibit "E") or such as may be approved by the Contract Officer, except as provided in 8.C. I. Termination For Default Of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, THE CITY may, after compliance with the provisions of 8.13, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that THE CITY shall use reasonable efforts to mitigate such damages), and THE CITY may withhold any payments to the Consultant for the purpose of set off or partial payment of the amounts owed THE CITY as previously stated in 8.C. J. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 9.0 CITY OFFICFKS ANV LMYLQXhhb; 1VVPl-U1J1.K11V111rA1lVl�. A. Non -liability of City Officer5 and Employees. No officer or employee of THE CITY shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by THE CITY or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. B. Conflict of Intgrest. No officer or employee of THE CITY shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. C. Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 10.0 MISCELLANEOUS i ANEOUS PROVISIONS A. Notic . Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other parry or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either parry may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this W.A. IR MW To City: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 Attention: City Manager To Consultant: Louis De Martino P.O. Box 391370 Anza, CA 92539 909-763-1315 B. Integrated ALreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. C. Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. D. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. E. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: JUNE S. GREEK, City Clerk CITY OF LA QUINTA, a California Charter and Municipal Government LN THOMAS P. GENOVESE, City Manager "CITY" 1 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney By: Name: Title: Dated: "Consultant" 2Q "A" Scope of Services "B" Project Schedule "C" List of Deliverables "D" List of Meetings "E" Project Budget "F" Project Milestones for Progress Payments "G" Notice of Completion EXHIBIT "A" R9181 • •' , 1. Consultant shall furnish all labor, engineering, material, tools, equipment, etc., required to provide modifications to the Artwork in accordance with the quality level and intent of the marquette previously prepared by Consultant and approved by the City, along with all governing agency requirements and code criteria. 2. Consultant is responsible for submitting all required documents relating to the Artwork design to appropriate government agencies so that building plan check and all required permits may be obtained in a timely manner as deemed appropriate. 3. Consultant shall immediately notify the City in writing of any cost impact or schedule impact whether increase or decrease, resulting from any modifications to the design. Any redesign fees or any other costs incurred by the City due to Consultant's negligence or failure to keep the City informed of scope variances in a timely manner shall be charged to the Consultant. II. GENERAL ITEMS OF INCLUSION: As a further clarification to the plans and specifications, the work shall include but not necessarily be limited to the following: Consultant shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to the City prior to installing any material. The installation of any material constitutes the Artist's complete acceptance of all substrates as compatible with the work under this Agreement. 2. Any work not provided for in this Agreement must be authorized by the City prior to the installation of such work. Consultant is responsible for all repairs or replacement of any existing property or work which is damaged as a result of the performance of the work under this Agreement. 4. Consultant shall provide all unloading, hoisting, scaffolding, and bracing for the Artwork. 5. Consultant shall provide all drilling, coring, cutting, fastening, and welding required for the Artwork. 6. Consultant shall supply all specialty lighting required to complete the Artwork. MW S:\Community Services\Art In Public Places Agreements\Professional Service Agreement -De Martino Washington Street..wpd t7 The Artwork consists of modifications to the Oasis 111 sculpture located on the northeast corner of Washington Street and Hwy. 111. Modifications include: 1. Acid etch and texture the concrete plinth to a variegated charcoal color; 2. Remove the dark patina from the pyramidal bronze "mountains"; I Resurface and refinish the bronze finish with a clear urethane; 4. Reface the base of the plinth with a bronze plate to match the bronze "mountains"; 5. Create a translucent jewel in an aquamarine color; 6. Resize the jewel to be eight times larger than the existing jewel; 7. Create bronze "retainers" in which to set the jewel within the "mountains"; 8. Provide new ground lighting at the base of the art piece. 2. Final Acceptance by the City of the modifications to the Artwork will occur at the filing of the Notice of Completion. At that time, the ownership and responsibility for the Artwork will rest with the City of La Quinta with the exception that the Consultant will replace the "gem" contained in the artwork any time at no additional expense to the City within five years of the filing of Notice of Completion should the "gem" discolor, crack or in any manner become unsightly based upon a determination of the City. SACommunity ServiceslArt In Public Places AgreementslProfessional Service Agreement -De Martino Washington Street..wpd l,l 2 FROM : Lcuts DeMartiro FAX NO, : 909 763 2360 May. 08 2001 09:30AM P2 L2M5; WRMRRTjN_0 May 8, 200 t Dod.ie Horvitz City of La Quinta Community Development D" rtment 78-495 Calle Tampico La Quinta, CA 92253 PROPOSAL FOR REVISIONS AND ADDITIONS TO OASIS 111 SCULPTURE Acid -etch and texture the concrete plinth to a variegated charcoal color to match the background mountains when they are in the deep shadows of twilight. Remove the existing patina of the pyramidal bronze mountains. Resurface the bronze and refinish to a matt -polished surface. Seal and protect the bronze finish with a twenty -;five year clear urethane. Reface the base of the plinth with bronze plate to depict continuity with pyramidal bronze mountains. Create a new translucent acrylic jewel designed to glow as a cut and polished blue sapphire. The new jewel size will be approximately eight times larger than the exsting gem (or slightly ten percent less than the Styrofoam mock-up model on the site). The jewel will be fabricated in translucent three-quarter inch acrylic plate and provided with thermal expansion joints to prevent cracking from the desert temperature differentials. Create and fabricate bronze retainers that will act as a setting for the new gem. Add a complete lighting system that will include a new interior lighting system to create a radiating glow for the gem. The lighting system shall be modified or added to on -the site as required. The lighting system shall include a complete control system, all conduits, junction boxes, lamps and power wiring. COST: $ 34,900 Submitted by, Louis DeMaruno P.O. SOX 391370 - 389ZI mgmMitV R2AV • nnzn, Cn - 92539 ►rlthF' (909) 763-1315 • FRX 1909) 763-2360 071 EXHIBIT "B" Concrete preparation, acid etching and coloration 2 weeks Jewel setting, design, fabrication and installation 2 weeks Stripping, resurfacing, polishing, and permanent urethane coating of bronze pyramids 2 weeks Fabrication and installation of bronze facing of plinth 1 week Fabrication and installation of jewel 4 weeks Design, installation and testing of lighting system 4 weeks Contract documents 2 weeks Total Time required: 17 weeks 072 SACommunity Services\Art In Public Places Agreements\Professional Service Agreement -De Martino Washington Street..wpd FROM : Lcuis QeMartino FAX NO. : 909 763 2360 May. 08 2001 09:31AM P3 SCHEDULE Concrete preparation, acid etching and coloration: Jewel setting, design, fabrication and installation: Stripping, resurfacing, polishing, and permanent urethane coating of bronze pyramids: Fabrication and installation of bronze facing at base of plinth: Fabrication and installation of jewel: Design, installation and testing of lighting system: Contract documents: TOTAL TIME REQUIRED (CPM sequencing) : 2 weeks 2 weeks 2 weeks l week 4 weeks 4 weeks 2 weeks 2 Va months vo. sox 391370 - 38921 titwnRv Rtnv - RMEM, cif - 9t539 VM2mlt: 19091 763-1315 - PRx+ (9091 763-2360 073 -'2F j EXHIBIT "C" Note: All written material will be in WordPerfect 7. The recommended maintenance plan for the Artwork is required as well as all maintenance requirements for the lighting systems. A schematic of the lighting system shall be provided. All data, information, materials and work produced including final camera ready text, maps and graphics including all digital files will become the sole property of the City of La Quinta. U74 SACommunity Services\Art In Public Places Agreements\Professional Service Agreement -De Martino Washington Street.."d r r t EXHIBIT "D" Attend up to one Cultural Arts Commission meeting if required (Held the second Thursday of each month) Attend up to two City Council meetings if required (Held the first and third Tuesdays of each month) Meetings with City staff as required SACommunity Services\Art In Public Places Agreements\Professional Service Agreement -Be Martino Washington Stre�et..wpd i `Lu EXHIBIT "E" The total cost of the Artwork modifications is $34,900. 076 SACommunity Services\Art In Public Places Agreements\Professional Service Agreement -De Martino Washington Street..wpd EXHIBIT "F" First payment due upon execution of the Professional Services Agreement Twenty five percent $8,500 Second payment due upon the completion of the urethane coating of the Artwork Twenty five percent $8,500 Third payment due upon the completion of the installation of the jewel Twenty five percent $8,500 Final payment due upon the filing of the Notice of Completion Twenty five percent $8.500 34,900 ri-77 SACommunity Services\Art In Public Places AgreementsTrofessional Service Agreement -De Martino Washington Street..wpd EXHIBIT G Piece of Artwork: MODIFICATIONS TO THE ART PIECE LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND HWY. 111 WHEREAS, by that certain Professional Services Agreement dated May 15, 2001 ("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation (the "City") contracted with LOUIS DE MARTINO to provide certain modifications to the art piece located on the northeast corner of Washington Street and Hwy. 111 (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, the City shall furnish the Consultant with a Notice of Completion upon completion of the modifications to the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the modification of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the parties hereto certify as follows: 1. As provided in the Agreement, the City does hereby certify that the modifications to the Artwork have been fully performed and completed. Any executory obligations pursuant to the Agreement, which are hereby incorporated herein by reference, shall remain enforceable according to their terms. 2. Final Acceptance by the City of the modifications to the Artwork will occur at the filing of the Notice of Completion. At that time, the ownership and responsibility for the Artwork will rest with the City of La Quinta with the exception that the Consultant will replace the "gem" contained in the artwork any time at no additional expense to the City within five years of the filing of Notice of Completion should the "gem" discolor, crack or in any manner become unsightly based upon a determination of the City. 3. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. IN WITNESS WHEREOF, the City has executed this certificate this day of , 2001. CITY OF LA QUINTA, a California municipal corporation by: SACommunity Services\An In Public Places Agreements\Professional Service Agreement -De Martino Washington Street..wpd Q 78 31 TWyl 4 4Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: January 7, 2003 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Approval of Temporary Street Closure for Special Event - Riverside County Sheriff PUBLIC HEARING: RECOMMENDATION: Approve temporary street closure of Avenida Bermudas from the Post Office driveway south to the north branch of Avenida Cadiz for a two-hour special event on January 8, 2003 between 9:30 A.M. to 1 1 :30 A.M. FISCAL IMPLICATIONS: None. The Sheriff's Department will provide all necessary traffic control measures at its expense. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Sheriff's Department has renovated the old Chamber of Commerce building located immediately south of the Post Office to function as a substation for the La Quinta Police Officers. The Sheriff's Department has scheduled a grand opening and ribbon cutting ceremony for Wednesday, January 8, 2003, from 9:30 A.M. to 1 1 :30 A.M. Chief Horton anticipates 100 to 150 guests will attend the event, plus television media vehicles. Due to limited space in front of the building near the street, as well as the anticipated crowd size, Chief Horton recommends the City Council consider authorizing a temporary street closure between the Post Office driveway and the north branch of Avenida Cadiz to ensure safety for the attending guests. If the temporary closure is authorized, it will be implemented in accordance with the traffic control plan shown on Attachment 1 . Parking for the arriving guests will be in the City's turf -block parking lot located at the northwest corner of Avenidas Bermudas and Montezuma. 079 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a temporary street closure of Avenida Bermudas from the Post Office driveway south to the north branch of Avenida Cadiz for a two-hour special event on January 8, 2003 between 9:30 A.M. to 1 1 :30 A.M.; or 2. Do not approve a temporary street closure of Avenida Bermudas from the Post Office driveway south to the north branch of Avenida Cadiz for a two-hour special event on January 8, 2003 between 9:30 A.M. to 1 1 :30 A.M.; or 3. Provide staff with alternative direction. Respectfully submitted, s Timothy R. J nass P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Traffic Control Plan i:l 002 ATTACHMENT 1 Avenida Montezuma Gas Station Poi Ofce Post Ofc. Drive. I 51351 Sub-Sta, RRE 51375 Re�dence s Calle Hidalgo 1 ® Calle Estado 7-7 0 4 N 081 004 TWT 4 C� OF Tt�94 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: ,January 7, 2003 CONSENT CALENDAR: _ 5 ITEM TITLE: STUDY SESSION: Approval of a Final Map for Parcel Map 30631, PUBLIC HEARING: Sagebrush Estates RECOMMENDATION: Approve the Final Map for Parcel Map 30631, Sagebrush Estates. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map 30631 is located on Sagebrush Avenue, east of Date Palm Drive (Attachment 1) and consists of 2 residential lots (Attachment 2). The developer has submitted the Final Map in substantial compliance with the Tentative Map and satisfied the requisite submittal requirements prior to approval of the Final Map. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Final Map for Parcel Map 30631 Sagebrush Estates; or 2. Do not approve the Final Map for Parcel Map 30631 Sagebrush Estates; or. 3. Provide staff with alternative direction. T:\PW DEPT\COUNCIL\2003\030107d. Wpd Respectfully submitted, imothy n sson, PE Public Works D rector/City Engineer Attachments 2. Vicinity Map Parcel Map Approved for submission by: Thomas P. Genovese, City Manager 083 T:\PWDEPT\COUNCIL\2003\030107d.wpd 002 ATTACHMENT 1 VICINITY MAP PARCEL MAP NO.30631 A'9o� Fcr SAM e v ��F slip, � ewoo s o,P a ti ./GLWRO O G� Z � Q .4rE- d0 NTS 084 004 ATTACHMENT 2 v~, y W rf1, Y W ' eke _ .. ` g� i F P"U. CY�So W � C �. r o i�l'i�r06,n� N � WF iyF < N4R!5 ' ��NOiii c� Ly0^�pY yl•' Z iQJ ae c�. 0�10 !, WyO4�m gry YrCMoVe pgFS N . MM~N� 9.+ .Y.�iG•J Cif •� V�Vt` wl ii vOiS$ ieWI A{6] a N r C .wily 8 R fW. "L OFWN<iO- PERINK fY 1+ Y F N C O m w a•U WI r• r yf<OM'f .> �t9F M N Io NYF yFfl z Q aw L® r fi G i! tuJii: V•F Y YV q <Yta C< « 12 "r to Fr. 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Very OW M� t3 O vkt" c�k W O 2N2w ha b� yk b �OOp =�� S 2 t4O� Wt Vb W N N V�e' Qr eV v4 14 alei Qi Q 'IlkW a�oWV e$aoz-4 kv 114Z? ti� VFW AOWV Ili a. � ^�1 V N�t ?V nJ° N��R YwNz NW W �� 0 o— OWOM Z0 bA tz z Q w <S; �Q J_LYW� =V~ �� a W LL LL. 0 Lei 4�� N O i p-�QW � 2: a: Qa.R� 0 a � a Ou- too 9 Lmom M� I lu1. �` OwN ah a yp� t l z=Q - a 8� W Mo�Mzt; o1.o 1a- xwNv�� cmNF .y '�A O �\ N �fAG-a V a .►��Li 4i 0U(>7IDaN t�7f MQ W Q�� J (ONM R n W O' IX JW►- Q ��N rx z0 U. wa:lo c 4 i% 2 w$ v° LL Cm0040 : It.� to Qs• �0.oa�N W =e 7 VdaZ�W va QNwQ ln }U� W �l�g'f �adyl M1=o�!1•'ZN/II•ai/ {.1a0�JW J .J Z�Li u L.Qd�� ice\ l.a i�/V ~ ZW ir Q a=O� ' yeti V a a. O •— p 4 w 4 af-/f/oii rcvsr = a. LL a. Y Q L- LL o >- 00 N z_ O c6 z �ri of 9301, z in---0 v,aoOWw I w a:oWU 0 N �Q �e �A N CI t i y �3 Ire .Ji No1DN/HfM�M m ceity/ 4 4Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: January 7, 2003 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Authorization for Overnight Travel for the Community Development Director to Attend the American PUBLIC HEARING: Planning Association Conference to be Held in Denver, Colorado, March 29 to April 2, 2003 Kohyllivi • ' •Tip Approve authorization for overnight travel for the Community Development Director to attend the American Planning Association Conference to be held in Denver, Colorado, March 29 to April 2, 2003. The Fiscal Year 2002/2003 Budget allocated $15,000 for travel, training, and meetings for staff. Attendance at this conference is estimated to be $2,000 based on the following costs: Registration $495 Hotel reservation $780 Travel $450 Meals $275 TOTAL $2,000 These funds are budgeted in the Travel and Meetings Account for the Community Development Department (101-401-637-000). None. Funds have been budgeted for staff to attend this conference. The five day conference, 2003 American Planning Annual Conference, focuses on planning issues affecting local governments. A summary of the conference information is included as Attachment 1 . Am G:\WPDOCS\CC Stf Rpts\CDDTravel.wpd The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Community Development Director to attend the American Planning Association Conference to be held in Denver, Colorado, March 29-April 2, 2003; or 2. Do not approve the authorization for overnight travel for the Community Development Director to attend the American Planning Association Conference; or 3. Provide staff with alternative direction. Respectfully st4bmitted, Jer-VF`lerm�i� ' Corr)munity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Conference information G:\WPDOCS\CC SO Rpts\CDDTravel.wpd 7 ATTACHMENT #1 National Conference / 2003 / Sessions Neighborhoods, Regions, and the Smart Growth Tool Kit Explore how to use smart growth concepts to make your neighborhood more livable. Find out what other organizations help planners promote better transportation options, affordable housing, and a healthy environment for the community and region. This hands-on training session with the National Neighborhood Coalition presents tools for getting more involved in these discussions and making smart growth work for your neighborhood. CPDP: 3 Creating a Customer -Oriented Development Review System Examine the details of a customer -oriented development process, centering on typical customer expectations and the key components of good service delivery. The workshop emphasizes benchmarking performance and measuring satisfaction and success of the entire system. Hear from practitioners on the challenges they have faced when trying to improve customer service. Learn about A Manager's Planning Guide to Improving the Development Review System, APA's new CD- ROM -based course on addressing cultural change and implementing tools for enhanced service delivery. CPDP: 4 Bettman Symposium APA in the Courts From takings to billboards to downsizing, the APA Amicus Curiae Committee is influencing judicial decisions in courts throughout the U.S. Discover how this committee is working to shape the outcomes of cases pending in Nevada, California, Arizona, Texas, and Washington State. Discuss the merits of these cases with the attorneys who drafted the amici briefs for APA. CPDP: 1.5 Financial Benefits of Compact/Alternative Development Patterns The cost of growth is central to the national debate about how cities, counties, and regions should plan. Findings from two recent studies that compare the fiscal benefits of conventional and alternative/compact development concepts will be presented, and their applicability to individual communities discussed. Sponsor: Economic Development Division. CPDP: 1.5 Sustainable Communities by Design From energy to economic development, from fire trucks to facilities, communities must consider how to fit the pieces together. Sustainable development principles help communities design their futures with these diverse elements in mind. Learn about a new Minnesota planning guide that describes this framework, and hear from planners who have applied these concepts. CPDP: 1.5 Focusing Capital Improvements to Achieve Planning Goals In an age of limited public funding, some jurisdictions have prioritized capital improvements based on how they contribute to the achievement of adopted planning goals. Find out what worked and what didn't in communities in Oregon and Washington State. CPDP: 1.5 Transportation Shaping Urban Design A Window on the Urban Design Process Examine urban -design challenges related to rail and highway transportation shaped by professionals to create places of exceptional quality. New Jersey, Pennsylvania, and Maryland show projects that have been embraced by the t1 p Q community, endorsed by market analysts, and designed to encourage urban 0 O J revitalization. CPDP: 1.5 C `, 4 Bettman Symposium SLAPP-back Lawsuits The next generation of SLAPP-suits has appeared. Learn how best to avoid SLAPP- suits; but if you are hit, gain tips on how to SLAPP-back. CPDP: 1.5 Market -Based Planning for Downtowns When a land -use plan is not fiscally feasible, a market -based plan may be the answer. Discover how market -based plans can build consensus and a common vision; identify project opportunities and a distinct market niche strategy; and create the organization and financial tools needed for implementation in your downtown. Plans from Boulder and Arvada, Colorado, and Salina, Kansas, are showcased. CPDP: 1.5 Regulating Outdoor Lighting The quality of outdoor lighting affects both our perception of the nighttime environment and public safety. Lighting ordinances should go beyond limiting foot candles to include minimum/maximum ratios, glare, brightness, and other elements associated with light pollution and safety. Learn to assess lighting quality and to develop lighting regulations. CPDP: 1.5 AICP Professional Development Workshop Managing Consensus Building and Collaborative Processes The planner is often caught in the middle. One strategy is to engage stakeholders in a collaborative process that addresses the conflict. Success leads to professional gratification and serves the public interest, but there are many pitfalls. Participants learn how to do a conflict assessment and then plan, convene, and facilitate consensus building and collaborative processes. CPDP: 3 Revitalization Through Historic Preservation Too often economic development and historic preservation find themselves in competition. In Frederick, Maryland, a community visioning process resulted in a downtown revitalization plan that links these competing interests. By improving historic structures and providing for new construction, the plan reinforces heritage tourism and enhances community identity. Sponsor: Urban Design and Preservation Division. CPDP: 1.5 Adaptive Reuse of Historic Landmarks The adaptive reuse of historic buildings can revitalize downtowns and expand housing resources. Tax credit basics, design challenges, National Park Service standards, and ways in which to preserve the historic fabric of a community while creating modern retail and living environments will be discussed. Sponsor: Housing and Community Development Division. CPDP: 1.5 Sprawl's Threat to Military Installations Monday, 2:30 p.m.-3:45 p.m. When poorly planned development reduces the operational effectiveness of military installations, it is known as encroachment. Hear how state and local governments are reducing encroachment and promoting compatible development Removing Parking as a Development Barrier A lack of existing parking need not end development. Learn to evaluate public access needs and to make financially sound decisions. With a focus on Columbia, South Carolina, panelists will discuss national trends and detail implementation strategies that can be used in large or small cities. CPDP: 1.5 090 C 05 Neighborhood Planning and Infill Nearly every development is in someone's neighborhood. Ensuring that the neighbors are well informed is crucial. Whether the project ultimately meets all the planning standards is irrelevant if the neighbors are uninformed. Learn how communities across the country are being proactive and building citizen support. CPDP: 1.5 Detensible Design Review Design review is one of the most troublesome issues faced by local governments, often pitting perceived aesthetic interest of a community against the private property rights of landowners. With proper guidelines and an understanding of the relevant legal issues, it is possible to establish and apply a legally defensible design review program. Sponsor: Planning and Law Division. CPDP: 1.5 Smart Growth Reconsidered Are cities being overlooked in the smart growth debate? Steve Belmont, author of Cities in Full: Recognizing and Realizing the Great Potential of Urban America, describes how to build healthy cities and thereby serve the social and environmental interests of entire regions. CPDP: 1.5 Building Support for Development Convincing residents that higher -density development can benefit the community — by preserving open space and protecting agricultural lands — is a challenge. See how public participation tools developed by the California -based Local Government Commission can be customized to educate the public about the tradeoffs involved in housing density and quality of life. CPDP: 1.5 Innovative Pedestrian and Bikeway Planning See how creative techniques such as the sidewalk priority index and the bicycle compatibility index can be used to prioritize projects. Learn how to tackle compliance problems and engage the public in the development of a comprehensive plan for pedestrians and bicycles. CPDP: 1.5 Closing Session Is Democratic Governance Possible in an Era of Terror and Globalization? 6 �91 TWT 4 etPQ" COUNCIL/RDA MEETING DATE:January 7, 2003 ITEM TITLE: Authorization for Overnight Travel for the Community Development Director, Planning Manager, and Planning Commissioners to Attend the League of California Cities Planners Institute to be held in San Diego, California, March 20-22, 2003 U*Gieliyl �' • AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Community Development Director, Planning Manager, and Planning Commissioners to attend the League of California Cities Planners Institute, in San Diego, California, March 20-22, 2003. N • The Fiscal Year 2002/2003 Budget allocated $15,000 for travel, training, and meetings for staff and Planning Commissioners. Attendance at this conference is estimated to be $1,000 per person based on the following costs: Registration $ 425 Hotel registration $ 300 Travel $ 100 Meals $1 75 TOTAL $1,000 These funds are budgeted in the Travel and Meetings Account for the Community Development Department (101-401-637-000). None. Funds have been budgeted for staff and the Planning Commission to attend this conference. The three day conference focuses on planning issues affecting local governments. In addition, it provides separate specific programs for staff and Planning Commissioners. Conference information is included in Attachment 1. osz G:\WPDOCS\CC Stf Rpts\ccjh.travel.wpd The alternatives available to the City Council include: Approve authorization for overnight travel for the Community Development Director, Planning Manager, and Planning Commissioners to attend the League of California Cities Planners Institute, in San Diego, California, March 20-22, 2003; or 2. Do not approve the authorization for overnight travel for the Community Development Director, Planning Manager, and Planning Commissioners to attend the League of California Cities Planners Institute; or 3. Provide staff with alternative direction. Respectfully submitted, erry Horman :ommunity Development Director Approved for submission by: Thomas P. Genovese, City Manager er Attachment: 1. Conference information 093 G:\WPDOCS\CC Stf Rpts\ccjh.travel.wpd ATTACHMENT #1 I LEAGUE OF CALIFORNIA CITIES 1400 K STREET SACRAMENTO, CA 95814 916 658.8200 PLANNERS INSTITUTE You'll Want To Attend If You Are A... • Planning Commissioner • Commissioner for transportation, historic preservation, or architectural review • Planning or Community Development Director • Land Use or Transportation Planner • Mayor or Council Member or City Manager wanting to keep abreast of planning issues You'll Benefit By... • Learning about the most recent laws and litigation affecting planning • Networking with other commissioners and professionals to share ideas and solutions to make your job easier • Gaining a solid and practical orientation to local land use planning • Clarifying how current and future trends can affect your city • Attending briefings and seminars on a wide array of currently relevant planning topics Sessions marked with this symbol have been designed for newly appointed or elected Planning Commissioners. ."1111 Sessions marked with this symbol are tailored for experienced Planning Commissioners. 094 0(14�. 10:00 a.m. — 5:00 p.m. 1:00 — 2:30 p.m. Preliminary Program March 20 Registration and CityBooks Open Opening General Session HIGH PERFORMANCE LEADERSHIP This opening session will set the context for the Institute by delivering a clear and inspiring message about the qualities and commitment found in high performance leaders and winning teams. You will explore the concepts of allowing individuals to do what they do best without losing sight of team and organizational goals. 3:00 — 4:15 p.m. I Concurrent Sessions GRAPPLING WITH GROWTH: STATE HOUSING STRATEGIES FOR AN INCREASING POPULATION How can cities accommodate the additional growth that will be necessary to house our state's residents? The State of California has forecasted that, between now and 2020, at least 220,000 housing units must be built annually to keep up with population growth. If current building trends continue, the actual units built will be less than 60% of what will be needed. Learn from experts in the field about possible strategies and options to deal with this challenge. THE GENERAL PLAN PROCESS ,1 Examine the basics of the General Plan and Specific Planning Process. FINDINGS STANDARDS Findings play a central role in explaining government decision making to the courts and the public. Find out how to draft findings, keeping these two audiences in mind. OPEN SPACE: DEALING WITH LAND TRUSTS AND OPPONENTS Open space is precious and vulnerable, and has vocal defenders. Learn how to best preserve or use open space to the benefit of the whole community and the environment. ATTRACTIVE ANTENNA: TELECOMMUNICATIONS SITING AND ORDINANCES Cities throughout the state are being inundated with proposals for new telecommuni- cations projects, and siting them in the appropriate location is increasingly becoming a challenge. Experts in the field will help you understand the role of the Planning Commission and Planning Staff in the process and provide examples of how to make these facilities look attractive and fit into your community. ECONOMIC DEVELOPMENT TRENDS IMPACTING PLANNING join this interactive session to explore how economic development trends may influence planning. t V 4:45 — 6:00 p.m. 7:15 a.m. — 5:00 p.m. 7:30 — 8:45 a.m. Concurrent Sessions WORKING WITH THE MEDIA This comprehensive session will cover the political and communications skills necessary when you are faced with decisions that require accurate, informed public input. Topics will include identifying key messages, researching and forming the message, and media relations. This lively, interactive session will include issue simulation and role-playing. BASIC PROJECT REVIEW In this session you will gain an understanding of the fundamentals of a successful project review. PUBLIC POLICY MEDIATION/CONFLICT RESOLUTION Planning invariably involves compromise. Learn effective skills to reach appropriate agreements, while also doing good planning. AFFORDABLE HOUSING STRATEGIES Most cities in the state have gone through comprehensive updates of their general plan housing elements and are now faced with implementing programs to encourage a variety of housing, including affordable housing. This panel will discuss creative ways in which your city can encourage new housing to meet these state mandates. WATER AND PLANNING: WATER WATER EVERYWHERE Our state is growing rapidly, but will there be enough water to go around? Learn about the latest developments in water availability legislative issues and the roles that cities will play in determining if development projects will have adequate water supplies. REVITALIZING PUBLIC SPACE March 21 Registration and CityBooks Open Breakfast Focus Sessions Join in these valuable breakfast sessions on topics of current concern. Hear what other cities are doing that can benefit you. POTENTIAL TOPICS: • PLANNING COMMISSIONERS' ROLES AND RELATIONS Vv, • DISASTER PLANNING AND RECOVERY • LAFCO ISSUES • BIG BOX PLANNING n'.l� 096 9:00 — 10:30 a.m. 11:00-12:15 p.m. 12:30 - 1:45 p.m. 2:00 - 3:15 p.m. General Session • Planner's Role in the "Big Political Picture" • Keynote Speaker: Concurrent Sessions REGIONAL COOPERATION — PLANNING BEYOND THE BOUNDARIES More and more, cities are reaching beyond their physical boundaries during the planning process. Join in a follow-up discussion with our keynote speaker on ways to successfully implement regional planning projects. PLANNING TOOLS % P Learn about the tools of planning, including the Subdivision Map Act, Conditional Use Permits, and Zoning. UNDERSTANDING AND USING DESIGN REVIEW Zoning Codes can ensure that buildings don't destroy the character of a neighborhood, but don't always improve the appearance of buildings and landscape. Planners and design professionals experienced in the city design review process will present helpful hints on how planning commissioners can use the design review process to ensure better projects are built. PRACTICAL ETHICS ISSUES FOR PLANNING OFFICIALS This session will include a panel discussion and interactive session examining ethical issues that arise in the context of planning decisions. STATE AND LOCAL PLANNING INITIATIVES This phenomenon is having profound affects on local planning. Learn why, and what you need to do to help ensure sound land use decisions are made. WHAT'S NEW IN MIXED USE? MAKING MIXED USE PROJECTS WORK IN YOUR CITY Mixed use development projects have the potential to provide a different type of housing and shopping experience for your community, while reducing the traffic on your streets. Hear a presentation from seasoned professionals on how you can make a mixed use projects work in your city. General Lunch Session CELEBRATING CALIFORNIA CITIES: SONGS ABOUT GOLDEN STATE PLACES Concurrent Sessions A BEGINNER'S GUIDE TO CEQA T; 097 Do you know the difference between a mitigated negative declaration and a focused EIR?? If not, then this session is for you! The CEQA review process will be covered alonyj vx�l the basics of categorical exemptions, negative declarations, and EIRs. i I 3:45 — 5:00 p.m. 5:00 — 6:30 p.m. UNDERSTANDING YOUR AUDIENCE -40PI More and more, concerned citizens that want to get in involved in their city's planning process attend planning commission meetings. Learn effective ways you can inform and involve the public in good city planning. SMART GROWTH IN THE REAL WORLD How do we make sure that we have enough housing for our rapidly growing population, but prevent unwanted sprawl development that encroaches upon our precious open space at the edge of our cities? This session will explore how smart growth policies can be incorporated into realistic planning decisions for cities. PLANNING PERSPECTIVE ON WATER QUALITY AND STORMWATER ISSUES Join this discussion of key water quality issues and how they relate to planning. DEALING WITH AB 1.207, OR, HOW TO WRITE A WINDMILL ORDINANCE In 2001, AB 1207 was signed into law, requiring all cities and counties that have not adopted an ordinance by July 1, 2002, that deals with the sitings of windmills on residential properties, to approve any applications for such windmills "by right." Learn the basics of what AB 1207 requires and get practical tips on writing a windmill ordinance for your own city. Concurrent Sessions ADVANCED CEQA 'w1� Taking the introductory CEQA session one step further, this panel will provide a more in-depth study of the CEQA elements and classic stumpers. OPEN MEETINGS, CONFLICT OF INTEREST ; ; Learn about critical concerns to commissioners — conflict of interest and laws and regulations and the open meeting law (Brown Act). THINKING OUTSIDE THE CAR — INNOVATIVE TRAFFIC SOLUTIONS Join this exciting discussion focusing on ways to get Californians out of the car and thinking about other transportation options. COMMON INTEREST DEVELOPMENTS There are currently over 34,000 Common Interest Developments in the State of California, providing about three and a half million housing units for 8 million people. Common Interest Developments reduce the upfront costs for municipalities and some say they provide valuable affordable housing. We will discuss what impacts Common Interest Developments can have on your community and what other communities have done to integrate them. SITE PLANNING & CONSTRUCTION OF GREEN BUILDINGS Hear from experts from all levels of government on the "how-to's" of successfully incorporating environmentally friendly building in your community. No -host Reception 099 7:15 — 11:00 a.m. 7:30 — 8:45 a.m. 9:15 — 10:30 a.m. 11:00 a.m. — 12:30 p.m. 12:30 pm. March 22 Registration and CityBooks Open Breakfast Focus Sessions join in these valuable breakfast sessions on topics of regional concern. Hear what other cities are doing that can benefit you. POTENTIAL TOPICS: • SURF'S UP! ISSUES FACING COASTAL CITIES • BUILT -OUT CITIES • AGRICULTURAL CITIES • HOUSING -RICH VS. JOBS -RICH CITIES Concurrent Sessions LEGAL AND LEGISLATIVE UPDATE Learn about the latest issues affecting planning. PREPARING AND PARTICIPATING IN EFFECTIVE MEETINGS JV Have you ever been in a meeting that goes nowhere? How many meetings have you attended that were not effectively planned or lead? This practical session will provide procedures and tips to make your meetings productive and even pleasant. You will learn how to ensure that meetings you chair achieve the objectives you want them to. TRAFFIC ISSUES '"V'J Join in this discussion about how Planning Commissioners can engage their communities in a range of traffic issues, including traffic calming and safety. WORKING WITH SCHOOLS Good working partnerships between cities and schools are essential if we are to have good communities. Learn ways to collaborate on programs, services, planning, economic development and job preparation projects. HOW TO MAKE INFILL DEVELOPMENT WORK IN YOUR CITY Infill development can be an attractive tool against urban sprawl. A panel of developers and architects will describe how you can design infill projects that will work in your city. Concluding General Session FORECASTING THE FUTURE OF PLANNING This session will allow you to explore powerful drivers that are shaping the world of the 21st Century — including demographic, technological, social and economic trends. You will review specific and surprising changes facing 20th Century pillars — the home, the job, retirement, government, education and the family and how they may affect the planning profession and you. Adjourn r 099 C' 9 T4'yl 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: January 7, 2003 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 30834, Stone Creek PUBLIC HEARING: Ranch, Madison Estates LLC RECOMMENDATION: Adopt a Resolution of the City Council granting conditional approval of a Final Map and two Subdivision Improvement Agreements (SIA) for Tract 30834, Stone Creek Ranch. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract 30834 is located between Jefferson Street and Madison Street, on Avenue 58 (Attachment 1) and consists of 76 residential lots, interior streets lots A, B, C and on - site retention basins lots D-1 and D-2 (Attachment 2). The developer has requested that the City Council conditionally approve the Final Map which will allow 30 days for completion of its processing. To date, the developer has executed two SIA's: one for on -site improvements and the other for off -site improvements (Attachment 3), but the associated securities have not been received. It is expected that the associated securities and a technically correct map with all signatures will be in place within the time allowed for its conditional approval. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt, within 30 days (February 7, 2003), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except for the City Clerk), SIA and associated securities. in0 TAPW DEPT\COUNCIL\2003\030107c.wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional Final Map approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council granting conditional approval of a Final Map and two Subdivision Improvement Agreements for Tract 30834, Stone Creek Ranch; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and two Subdivision Improvement Agreements for Tract 30834, Stone Creek Ranch ; or 3. Provide staff with alternative direction. Respectf)dlly submitted, 11Timothy R. ublic Works Attachments 6son, P.E. ector/City Engineer 1 2 3 Approved for submission by: Thomas P. Genovese, City Manager Vicinity Map Tract Map Subdivision Improvement Agreement lot T:\PWDEPT\COUNCIL\2003\030107c.wpd 002 RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 30834, 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 the City of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Tract Map 30834 is conditionally approved provided the subdivider submits all required items on or before February 7, 2003. 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 1 0 Z subdivider has completed the following requirements to the City Engineer's satisfaction. 003 A. Post appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on February 7, 2003. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 71h day of January, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Don Adolph, 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 103 004 ATTACHMENT 1 PROJECT SITE m TRACT NO.30834 54TH AVE E W ti .4/RPORT BL VD. z S c 58TH A VENUE VICINITY MAP NOT TO SCALE N V4 ATTACHMENT 2 TRACT NO. 30834 IN THE CITY Of IA OUINTA, COUNTY OF RIWRS7DE STATE Or CAUFORNIA A SUBNnONI OF PARCELS J 4 OF PARM YAP NO. 88J4 RE6LI M AV P.Y.B. 75165-66AND PARCELS 1, 1 J Qr PARCEL YAP NO.. 6377 N P.ALB. 19%)7. DOM JTAR#W K IMY $TAX WT K AW M OOM Or PC LAD MRLKD OW PC A41000 Poo MWft PUT K AK M al Y PVWU ODST CNOT a lg=F tr M AW A aLV Ut M SW IAD PUT K CNSOIT M PC U"W AV AMOM ar W SUDWSO AW AS 90PP OW NC LKWCW SWO IK. 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N75/65-66AND PARCELS 1, 2 & 3 OF PARCEL MAP Na 63771N P.M -a 19177. 7e au car L7 Moll 71277e 41.1411 03 ?ffw w a 40cri 2swsrla4 4z a'.e7e' r a 4awl www'Lair cis awl xv2rl ax aoo• am tM 47,W x9i77' an a1 pl 47.ed 47'U"W'JIMM ae V.W WW A": i1PAAHC 31C4YE v Haar ane a n7u! er ' Cev 47.W WV �,..�. �Lso' a aor wtr aro a, 47.4vr4r o HERMITAGE SVEET 3 OF B 9fflS 4t7D sm.. Gtt AL7PES COMM AREA r �b 4- AOR3 Iart74T ! vaa eavwyl4 utm' '^� x 20 L�w 44 mv NOLTE =w�wM• �w.11l„wIw• 107 I N 9 � R I 4 ,2.7IM NOLTE TRACT NO. 30834 IN 7HE arr Off' LA oulty i4 Comy OIL Rl wR51D£ STA7F Of- CAUFORMA A SLMWSYCM/ Or PARCELS J & 4 OF PARCEL YAP Na 8834 RECMED MV P.U.B. 75/63-66AND FARMS 1, T & J Q- PARCEL YAP NO. 6377 W P.N.B. 19/77. SHEET 4 OF 6 SHEETS ti, ----- N'l 4 VENUE� _ TRACT NO. 30834 9UT S OF 6 SHEETS IN THE CITY OF LA ahNTA, COUNTY OF RIVERSIDE STATF OF CALIFORNIA A SUED W90N OF PARMS J & 4 Or PARCEL MAP NO. B&M R£Ca40iE0 AV P.M.B. 75/65-56AND PARCELS 1, ? & J OF PARCEL MAP N0. 6377 AV P.M.6 19177. PARCa MAP / ~�• \ ' N0 8834 pt�wrC SC`,AtE d ao god rso' 900• scar: r•-ao• I I 1 PMC1 1 A PARCEL 2 iW a' 571SAWW cM eaUVwn ' Mm"T .roar ar �ae9+rrldt ' maim+ 'i - ; I oar iaad aw >an aar a of '�i9/ \ m 20 21 22 y23 i24 25 ~\; I dX A W AM '� A � Caa� A0i6 u � lam ag5 �_ t1�7 _ ~ T 26 I . I �I I ♦�Q. � I I � I�t+ Iam San viv 4M AM Sir I AlaL9 a rs i 4 .eeorat resat' I a � n.9< � --- � ' exI'�jj �' � Mma'�rs MW35saan �'O � ' 27 OI 63 IV W e° _ a� I • � less AaoEM ( X + 74 �, I 1� ta999Mn� 14M 72 28 R I moo° •°+ I dS AM AN A�� u ll�! at/ AM GES &W AM / o de /A��•�erwt9b Kn I i-"air' N 7Z�: y Nauyr7risJr . , ltlra9197 I A7ifb;Lr I / CO M AWA %et99i SmfL r �esrbe w x 6 +' xenn7- to rT jq aW ACRES I - -r N 71 • xAr azac K� i 8D/Z 'fie CAI ACES •`�• � 66 67 68 69 7 ;,, as9 Adis I i ra50fr to v San 1 = ng . Hatt ra$W nt M AGES ON AM AMAM j ads ACRES I , i %� '� :� ,�,� +kin• o -- -rim --- -- --- -� ' so t;aa S= ' * . ��• ��a» a!9 AM ra9xnrr 99a,d �.+ 6 n� r SI�1, -- ''�'7r� o _ a'z4d,Sp. r. JW78UM31 38 3 r 36 35 34 Y 3 32 go av ACES I /gel�v iii77l. - tame Sm 11460 svr. No Mart. �safr u�sl snrr �. W AM 011 AM a1J AO�i aTI af9 AdE3 aa.ar aa• ,ta9r• �>,• r rs<>r D-4 �� r ns 'W"'T58 TH • ° " "'• } �L � '�"•AVENUE ..-nr te9w:ttt - TRACT NO. 30834 IN THE GTY OF LA OUINTA, COUNTY OF RIV£RSYD£ STATE OF CALIFORNIA A SLMWSlCW Or PARCELS 3 d I OF PARM MAP N0. W34 RECORDO AV P.M.B. 75165-66AND PARMS 1, 2 & 3 OF FARM MAP NO. 6377 IN AM& 19177. 45 44 ( I 60 I 1 61 43 Tp--, 42 I D-1 L �11 41 I I 65 40 I I 39 Mar -�-IWWWT DETAIL rAtLT i N SHEET 6 A, 6 SHEETS a PARCEL /MAP \ N0. 8884 PARCEL 1 is P14DEL 2 N710/m'I Nrs G 8 -A,�nue - 4- 23 �� 24 I D-2 I W A VEN DETAIL �i 110 012 ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT No. 30834 Off Site Improvements THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 2003, by and between Madison Estates, LLC , 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 Tract No. 30834 (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. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. * Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 111 013 T:\PWDEPT\Devdiv\Agreements\SIA\30834 offsite sia.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 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 necessaryto carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements 1 L secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). T:\PWDEPT\Devdiv\Agreements\SIA\30834 offsite sia.wpd 014 Page 2 of 6 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security'provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure qJ Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation tA construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. T:\PWDEPT\Devdiv\Agreements\SIA\30834 offsite sia.wpd 015 Page 3 of 6 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. ++ 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has1o1 4 been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, 01 T:\PWDEPT\Devdiv\Agreements\SIA\30834 offsite sia.wpd Page 4 of 6 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. S.everability. 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. T:\PWDEPT\Devdiv\Agreements\SIA\30834 offsite sia.wpd if$ 017 Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above, CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date City of La Quints 78495 Calle Tamplco La Quinta, CA 92253 760/777-7075 Madison Estates, LLC 437 S. Highway 101 Suite 220 Solana Beach, CA 92075 (858)755-8656 Date Date 7:IPWDEPT1DavdivlAproornonta\SIA\J0894 olf aico �In.wpd Paga f of C 116 1 � State of cAu4br 0. )SS County of E_ � ACKNOWLEDGMENT On "QV t_N J )pe*' i_7W ,before me, Notary Public, personally appeared personally known to me (or proved to me on thetbasis of satisfactory evidence) to be the person(s) who name(s) is/are subscribed to the within instrument and acknowledged to me all 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. O'M r- ., .�� NOTARY PUBLIC-&'%L!FORNIA SiSignature0A (affix seal) SAN CIEG O COUNTY g CO�t,"�l. rrP. A-r I tL 30, 2005 ; Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages 0 Date of Document Signer(s) Other Than Named Above vvl,ou�:> k 117 019 Exhibit A SECURITY - TRACT No. 30834 OFF SITE IMPROVEMENTS Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount, of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading (Includes Landscaping and Retention) $ 80,500.00 $ 80,500.00 Streets and Drainage 110,682.00 110,682.00 Domestic Water 158,949.00 158,949.00 Sanitary Sewer 20,076.00 20,076.00 Joint Trench Utilities 21,780.00 21,780.00 Totals $391,987.00 $391,987.00 Standard Contingency 10% 39,199.00 39,199.00 Professional Fees, Design 10% 39,199.00 39,199.00 Professional Fees, Construction 10% 39,199.00 39,199.00 No Plans Contingency, 25% 97,997.00 97,997:00 Total Bond Amount $ 607,581.00 $ 607,581.00 .A 020 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT No. 30834 On Site Improvements THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 2003, by and between Madison Estate, LLC, 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 Tract No. 30834 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 021 T:\PWDEPT\Devdiv\Agreements\SIA\30834 onsite sia.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 Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements) ,�D secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 022 Page 2 of 6 T:\PWDEPT\Devdiv\Agreements\SIA\30834 onsite sia.wpd 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 121 02 T:\PWDEPT\Devdiv\Agreements\SIA\30834 onsite sia.wpd Page 3 of 6 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not A - been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, U 2 4 T:\PWDEPT\Devdiv\Agreements\SIA\30834 onsite sia.wpd Page 4 of 6 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. T:\PWDEPT\Devdiv\Agreements\SIA\30834 onsite sia.wpd 123 02 Page 5of6 IN WITNESS WHEREOF, the parties hereto have executed this Agreoment as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: By: eaty Title: By: Title. Reviewed and Approved: City Engineer Approved as to Form: City Attorney City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Date Madison Estatos, LLC 437 S, Highway 101 Suite 220 Solana Beach, CA 92075 (858)755-8656 Date ate Date Date Pnnn A of 6 T;\PWDEPTkOevdly%Agrenmontf•%SIA�30fl34 on alto $In.wpd 124 026 ACKNOWLEDGMENT State of County of SOUN I j?.IMbUl?J %�` Z.before me, \� N-U1iJ 15�7 Notary Public, personally appeared On lQ,(� personally known to me (or proved to me on th6 basis of satisfactory evidence) to be the person(s) who name(s) is/are subscribed to the within instrument and acknowledged to me all 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 E CAS�3LES � Er kv T / \ i?li9IG WITNESS my hand and official seal. r=�'r;OTARY'ua tC C�,'.irz,PNin�� ti •y- Y DIEGO CCUNT COMM. Ex; '..A' RIL 30, 2005 Signature (affix seal) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above c4v Cli"�' (L 125 027 Exhibit A SECURITY - TRACT NO. 30834 ON SITE IMPROVEMENTS Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading (Includes Landscaping and Retention) $ 533,785.00 $ 533,785.00 Streets and Drainage 513,370.00 513,370.00 Domestic Water 293,038.00 293,038.00 Sanitary Sewer 134,600.00 134,600.00 Joint Trench Utilities 145,200.00 145,200.00 Monumentation 13,600.00 13,600.00 Totals $ 1,633,593.00 $ 1,633,593.00 Standard Contingency 10% 163,359.00 163,359.00 Professional Fees, Design 10% 163,359.00 163,359.00 Professional Fees, Construction 10% 163,359.00 163,359.00 No Plans Contingency 25% 408,398.00 408,398.00 Total Bond Amount $ 2,532,068.00 $ 2,532,068.00 12t T4'y/ 4 4 0" COUNCIL/RDA MEETING DATE: January 7, 2003 ITEM TITLE: Consideration of Dog Park Locations RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Select a dog park location and authorize staff to solicit bids for design/build services and allocate design/construction funds (Fritz Burns Site $30,000 or La Fonda Site $50,000) from the Quimby account for the site selected. FISCAL IMPLICATIONS: Dependent upon the site selected, the cost of construction of a dog park may be funded with Quimby funds. It is anticipated that design and construction of this facility will not exceed $50,000. Other possible funding sources could include the Art in Public Places fund and/or private donations from the public interested in this facility. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the November 5, 2002 City Council meeting, the Council considered possible locations for a dog park to be located in the City. The City Council directed staff to provide the square footage of both the site in front of the La Quinta Senior Center (La Fonda property) as well as the proposed site at Fritz Burns Park (Fritz Burns Park property) as provided in Attachment 1 . According to a landscape architect that has designed several dog parks, including the two located in Palm Desert, the following is a list of amenities that are typically included at as part of construction of a dog park: Design, planning and construction management Mobilization, and grading 6 foot high Wrought Iron fence S:\Community Services\CCReports\CC.232.Dog Park Locations..doc 127 Double gate system Concrete paving Benches and trash cans Shade structures Drinking fountains Irrigation Mow curbs Turf (recommended but not necessary) Minor landscaping Security lighting Parking for 10-12 cars Handicap access Access to restrooms Sites The following proposed sites are on city owned property. An estimated construction cost for a dog park is provided that would include the above listed amenities at each site. The Avenida La Fonda property (Attachment 2) is partially developed with irrigation, turf and trees. The proximity to the La Quinta Senior Center provides adequate parking and access to utilities to be brought to the site. Restroom facilities are currently available at the Senior Center Monday through Friday, 8:00 a.m. to 5:00 p.m. It is anticipated that the future library facility will have restrooms accessible to the public seven days a week from 6:00 a.m. to 10:00 p.m. Estimated construction cost: $50,000. The square footage of this property, which takes into account the required set- back, is 10,136, representing the usable space for a dog park at this site. There are 32 palm trees currently at this site. The Fritz Burns Park (Attachment 3) site is located on the southeast corner of the park, east of the parking lot. Currently, this location has a turf area, is adjacent to the parking lot and is in close proximity to restrooms. The restrooms are accessible seven days a week from 6:00 a.m. to 10:00 p.m. Estimated construction cost: $30,000. The usable square footage of this site is 6,820. Adequate parking is available at this site as well as security lighting and access to a public telephone. Once a location has been determined, a proposal for design/build services for a dog park can be issued with the above listed amenities included. 128 S:\Community Services\CCReports\CC.232.Dog Park Locations..doc 0 G Z FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Select a dog park location and authorize staff to solicit bids for design/build services and allocate design/construction funds (Fritz Burns Site $30,000 or La Fonda Site $50,000) from the Quimby account for the site selected; or 2. Do not select a dog park location and/or do not authorize staff to solicit bids for design/build services; or 3. Provide staff with alternative direction. Respectfully submitjed, Dodie Horvitz, Com Attachments: nitN Services Director Approved for submission by: Thomas P. Genovese, City Manager 1 . Minutes from the November 5, 2002 City Council Meeting 2. La Fonda Property Photograph 3. Fritz Burns Park Property Photograph S:\Community Services\CCReports\CC.232.Dog Park Locations..doc 129 3103 ATTACHMENT 1 City Council Minutes 8 November 5, 2002 materials. She added the skate park will accommodate up to 40 skaters at one time. Council Member Adolph stated he feels the skate park is a more viable use and will be a better place for youths to skate. In response to Mayor Pro Tem Sniff, Ms. Horvitz stated the configuration will be for beginners and intermediate users but can be reconfigured for more advanced skaters. MOTION - It was moved by Council Members Henderson/Adolph to authorize the modification to Phase II of Fritz Burns Community Park Improvements to include a modular skate park facility and to authorized staff to solicit bids for the project. Motion carried with Mayor Pena ABSENT. MINUTE ORDER NO. 2002-221. STUDY SESSION 1. DISCUSSION OF POTENTIAL LOCATION FOR A DOG PARK FACILITY. Community Services Director Horvitz presented the staff report. In response to Council Member Henderson, Ms. Horvitz stated the Community Services Commission is recommending the Senior Center site but did not see the Fritz Burns Community Park site. Council Member Perkins expressed concern about the palm trees surviving in a dog park environment. In response to Council Member Henderson, Ms. Horvitz confirmed turf in a dog park is a maintenance problem. Council Member Henderson stated she suggested the idea with the intent of designating a temporary site to find out what problems might come from having a dog park. Council Member Sniff agreed with the need but voiced concern about the noise being intrusive at the Senior Center site. He felt a dog park at the Fritz Burns Park site could be implemented easily and would enhance the park. Council Member Adolph concurred. 130 City Council Minutes 9 November 5, 2002 In response to Council Member Adolph, Ms. Horvitz stated the acreage is measured from the property line. Council Member Perkins suggested dividing the dog park into two areas based on size of the dogs. He noted the number of palm trees at the Senior Center site would interfere with pet owners throwing balls for the dogs. He preferred the Fritz Burns Park site. Mayor Pena noted the Fritz Burns Park is used heavily on the weekends and a dog park would take away from available space. He didn't feel the current uses would be compatible with a dog park, and noted restrooms are available at the Senior Center. Council Member Sniff noted the Senior Center facility (and restrooms) are closed on weekends. Council Member Henderson stated she doesn't feel the Senior Center site should remain the way it looks now and that Council should decide if all the palm trees are going to remain on the site. She noted the Fritz Burns Park site would need a shade structure and the Senior Center site already has trees for shade. Council Member Perkins stated he feels either site would be temporary. He suggested going with the Fritz Burns Park site and looking for a more permanent site if a big response to the dog park is received. Mayor Pena voiced concern that a dog park would detract from the looks of the Fritz Burns Park. He also noted the Fritz Burns Park will have higher usage once the skate park is built. Council Member Perkins suggested taking another look at the size of the two sites. Council Member Henderson suggested looking at the possibility of removing some of the trees at the Senior Center site. Ms. Horvitz summarized that staff will come back with the square footage and fence placement on both sites. REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. 131 TWyl 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: v� COUNCIL/RDA MEETING DATE: January 7, 2003 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of an Amendment to Chapter 11.96 PUBLIC HEARING: of the La Quinta Municipal Code To Add Section 1 1 .96.20 Setting Forth Regulations for the Use of Skateboarding Park Areas RECOMMENDATION: Amend Chapter 11.96 of the La Quinta Municipal Code to add Section 1 1 .96.020 setting forth regulations for the use of skateboarding park areas: A. Motion to take up Ordinance No. _ and waive further reading. B. Motion to introduce Ordinance No FISCAL IMPLICATIONS: None for this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: by title and number only on first reading. At the November 5, 2002 City Council meeting, the City Council approved the installation of a modular skate park at Fritz Burns Park. The La Quinta Municipal Code currently does not address the regulations regarding the use of skate parks or skateboarding park areas. The California Joint Powers Insurance Authority (CJPIA) provides suggested rules regarding the use of skate parks, as provided in Attachment 1 . At the December 9, 2002 Community Services Commission meeting, the Commission hosted a public meeting inviting skaters of all ages to attend and give input as to the desired components the public would like to see as well as the rules that should be posted at the site. 134 In addition to the rules suggested by the CJPIA, the Commission recommends the following rules and information be included on signs posted at the skate park: ■ minimum and maximum fines for not wearing safety equipment, ■ map with location of public phone, and ■ the municipal code section regarding loud music. Adding section 11 .96.020 to the La Quinta Municipal Code setting regulations for the use of skateboarding park areas will enable the City to enforce rules at the skate park. The proposed amendment is provided as Attachment 2. Attachment 3 provides the proposed rules that will be posted at the skate park should the amendment to section 11.96.020 be adopted by the City Council. The legislation which declares skateboarding a hazardous activity is limited to participants 14 years or older. Participants under 14 years of age that use the skate park are not subject to the immunity allowed under law for those using the skate park that are 14 years or older. Therefore, section 11 .96.020 A (2) requires participants under 14 years old to be supervised by a person at least 25 years old and that person must assume responsibility for the person under 14 years old. The fine for not wearing safety equipment is established by section 1 .03.030 of the City's Municipal Code. Based upon established amounts the City levies for infractions, the first offense for not wearing safety equipment would be $50, with the second offense within the year being charged $100 and $250 for the third offense within the year. Attachment 4 provides information from various southern California cities that offer skate park facilities and the fines that are levied for not wearing safety equipment. Once adopted, signs will be posted at and near the skate park notifying the public of the rules and fine amounts. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Amend Chapter 11.96 of the La Quinta Municipal Code to add Section 11 .96.020 setting forth regulations for the use of skateboarding park areas; or 2. Do not amend Chapter 11 .96 of the La Quinta Municipal Code to add Section 11 .96.020 setting forth regulations for the use of skateboarding park areas; or 3. Provide staff with alternative direction. R ctfull ubmitted, V. 135 Dodie Horvit , Co munity Services Director IJ t,► S:\Community ices\CCReports\CC.231.Skateboard Ordinance 01-07-03..doc Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . CJPIA Guidelines for Skate Parks 2. Proposed Amendment Change 3. Proposed Rules for Skate Park 4. Fine Comparison of Southern California Cities 136 ri S:\Community Services\CCReports\CC.231.Skateboard Ordinance 01-07-03..doc V `) ATTACHMENT 1 CALIFORNIA JOINT POWERS INSURANCE AUTHORITY Recommended Guidelines for the Design, Construction, and Operation of Skate Parks Members of the CALIFORNIA JOINT POWERS INSURANCE AUTHORITY are encouraged to implement the following guidelines to create a safe and enjoyable skate park for the members of their community and to reduce the frequency and severity of claims associated with the design, construction, and operation of skate parks. Skate Park Design Skate parks should be designed with input from skateboarders, in -line skaters, parents, business owners, home owners, neighbors, and public safety personnel to ensure all issues are discussed prior to construction. 2. Skate parks should be designed by licensed architects or landscape architects that are qualified and experienced in the design and construction of skate parks. 3. Park design should include the following features: public telephone (within 50 yards), drinking fountains (within 50 yards), rest rooms (within 100 yards). A sufficient number of immovable trash receptacles (preferably square) should be provided to prevent the accumulation of litter in and around the facility. Ample parking should be provided for skaters and spectators. Consideration should also be given to providing space for bleachers and concession activities. 4. Lighting should be installed if the skate park is to be operated after dusk. 5. Consideration should be given to the installation of fencing or concrete walls around the skate area to protect skaters from dogs and children running into the skate area and to protect spectators or passersby from being struck by skaters or errant loose skateboards. This barrier should be at least three feet above grade. 6. Design elements within the park should be spaced so skaters doing a maneuver on one element are able to complete the maneuver and recover without interfering with other skaters and without entering another element. 7. Skaters of differing skill levels should have access to design elements of their skill levels without crossing areas requiring greater skill levels. 8. The skate park should be visible from the street. This will enable observation of the skate park by public safety personnel and other staff. 137 9. In order to maintain design immunities provided under state law, the city council should review and approve of the park's design in accord with Government Code § 830.6. Skate Park Construction 1. Skate parks should be constructed by licensed contractors that are qualified and experienced in the construction of skate parks. 2. The contractor, city and architect should work together to ensure the park is constructed as designed. Skate Park Operation The skate park should be used by skateboarders and in -line skaters only. Bicycles, scooters, and motorized vehicles should be prohibited. 2. The city should adopt an ordinance requiring any person using the skate park to wear a helmet, elbow pads, and knee pads. In addition, the ordinance should prohibit skateboarders or skaters from performing stunts, tricks, or luge skateboarding in the skate park parking lot, curbs, or entrance areas. 3. The city should post signs at the skate park giving reasonable notice that any person using the skate park must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation under the ordinance adopted in accord with guideline 3. 4. Public safety personnel should agressively enforce the ordinance adopted in accord with guideline 3 by regularly driving by, observing, and citing any person in violation of the ordinance. 5. Regular inspections of skate parks should be conducted and documented using checklists. Any defects reported by the public should be documented. All repairs should be completed in a timely fashion. The affected portion of the park should be closed until repairs can be completed. All repairs should be documented. 6. All stickers, graffiti, and trash should be removed on a daily basis. 7. Spectators should not be allowed in the skate area. 8. The city should maintain a record of all known or reported injuries incurred by skaters in the park. • Park hours are 6:00 a.m. to 10:00 p.m. • No Skateboarding or in -line skating on wet surfaces. • Skateboarding and in -line skating are hazardous activities. Skate at your own risk. Skateboards and in -line skates only. • No bicycles or motorized vehicles. • Helmets, knee pads, and elbow pads required. • Failure to wear helmets, knee pads, and elbow pads will subject persons to citation (Municipal Code ). • Skating on park curbs, parking lot, and entrance sidewalk is prohibited. • No graffiti or tagging. • No glass bottles. • Dispose of trash in trash receptacles. • No smoking, alcohol, or drug use. • No spectators permitted in the skate area. • No unauthorized pieces of equipment, obstacles, or apparatus may be brought into the skate area. 139 Cr 0 ATTACHMENT 2 ORDINANCE NO. 2003- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 11.96 OF THE LA QUINTA MUNICIPAL CODE TO ADD SECTION 11.96.020 SETTING FORTH REGULATIONS FOR THE USE OF SKATEBOARDING PARK AREAS WHEREAS, the City of La Quinta has determined that it is in the best interest of the community to designate certain areas within the City as skateboarding park areas; WHEREAS, the City has carefully considered how to best regulate the use of such skateboarding park areas so as to facilitate their use and enjoyment while at the same time protecting the users of such skating facilities, pedestrians, and others from conflicts, accidents, and other eventualities which could result in injury to person or property; WHEREAS, the California Legislature has determined that, under certain conditions, the use of skateboards at a public skateboarding facility is a hazardous recreational activity within the meaning of section 831 .7 of the California Government Code which limits the City's exposure to liability for injuries incurred by persons who participate in any such hazardous recreational activity; and WHEREAS, pursuant to Health and Safety Code Section 115800, the City must adopt an ordinance requiring any person riding a skateboard at the facility to wear a helmet, elbow pads, and knee pads. THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 11.96 of the La Quinta Charter and Municipal Code is hereby amended to add Section 11.96.020, which read as follows: Section 11.96.020 Use of Skateboarding Park Areas: A. All persons using a skateboarding park area within the City shall obey all rules and regulations posted in any such area. In addition, all persons within a skateboarding park area in the City shall comply with the following requirements. (a) No person shall skate or skateboard within a skateboarding park area at times other than those established as the hours of operation. The hours of operation shall be 6:00 a.m. to 10:00 p.m. (b) No person under the age of 14 shall use the skateboarding park area unless supervised by a person at least 25 years of age. The supervising person 140 S:\Community Services\CCReports\CC.231.Skateboard Ordinance 01-07-03..doc U. V CJ must assume full responsibility for the person under the age of 14 using the skateboarding park area.; (c) No person shall skate or skateboard when the skateboarding park area is wet or when hazardous conditions, such as irregularities in the skating surface or skateboarding park area exist.; (d) No person shall cause or initiate any act of violence or harass another person inside or around the skateboarding park area.; (e) Only skateboards and in -line skates can be used in the skateboarding park area. Use of other equipment, such as bicycles or scooters within the skateboarding park area is prohibited.; (f) No person shall use the skateboarding park area unless they wear proper safety equipment including a helmet, elbow pads, and knee pads properly sized and designated for the intended use.; (g) No person shall consume food or drink in the skateboarding park area.; (h) No person shall use alcohol or drugs or smoke in the skateboarding park area or surrounding areas; (i) All persons using the skateboarding park area must place trash in cans provided by the City.; (j) No person shall cause graffiti or tagging in or around the skateboarding park area.; (k) No person shall skateboard or skate on curbs, planters, benches, steps, railings, fences, playground equipment, driveways or areas intended for uses other than skating within the area surrounding the skateboarding park area.; (1) No unauthorized pieces of equipment, obstacles or apparatus may be brought into the skateboarding park area; (m) No spectators are permitted within the area designated for skateboarding.; (n) Reckless or destructive skating that jeopardizes the safety of persons or property is prohibited.; (o) Glass containers are prohibited in the skateboarding park area; (p) All organized events shall have prior written approval from the Community Services Department.; (q) Animals are not allowed in the skateboarding park area. B. A violation of any section in this chapter is deemed to be an infraction and is punishable according to the provisions of this code. SECTION 11. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of La Quinta hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional. S:\Community Services\CCReports\CC.231.Skateboard Ordinance 01-07-03..doc SECTION III. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION IV. POSTING: The City Clerk shall within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED, and ADOPTED this day of , 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, 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 S:\Community Services\CCReports\CC.231.Skateboard Ordinance 01-07-03..doc City of La Quinta, California STATE OF CALIFORNIA 1 COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. which was introduced at a regular meeting on the day of and was adopted at a regular meeting held on the day of not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. JUNE S. GREEK, City Clerk City of La Quinta, California DECLARATION OF POSTING I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. JUNE S. GREEK, City Clerk City of La Quinta, California 113 S:\Community Services\CCReports\CC.231.Skateboard Ordinance 01-07-03..doc 0� 1 ATTACHMENT 3 La Quinta Skate Park Rules (L.Q.M.C. 11.96.20) • Park hours are 6:00 a.m. to 10:00 p.m. • Participants under 14 years of age must be supervised by a person at least 25 years of age and takes responsibility for the person under 14 years of age. • No skating on wet surfaces or when hazardous conditions exist. • Skateboards and in -line skates only. • No bicycles or motorized vehicles. • Helmets, knee pads, and elbow pads required. • Failure to wear helmets, knee pads, and elbow pads will subject persons to citation and fine. ($50 for first offense, $100 for second offense & $250 for third offense per year) • Skating on park curbs, parking lot, and other areas not designated for skating is prohibited. • No graffiti or tagging. • No glass bottles. • No food or drink permitted in the skating area. • Dispose of trash in trash receptacles. • No smoking, alcohol, or drug use. • No spectators permitted in the skating area. • No unauthorized pieces of equipment, obstacles, or apparatus may be brought into the skate area. • No loud music (Municipal Code 11.08.040) • All organized events shall have written approval from the Community Services Department. • Animals are not permitted in skating area. • Reckless or destructive skating that jeopardizes the safety of persons or property is prohibited. Emergency Telephone Number: 911 Address: Fritz Burns Park, Avenue 52 and Bermudas Public telephone located in front of the Fritz Burns Pool City of La Quinta Community Services Department 777-7090 144 U12 ATTACHMENT 4 7 > O U � N � � b W U � � O o- � v � U y� � o_ •vv � o 0 M W � Esg Es4 M Ln d9 � C." N C O_ O_ 0 0 V) O 69 6R 69 69 69 Ei4 69 69 69 C'6 69 U r� O Lt U 4, 4 j 0 4 4 O p.., o U U En En En 0 x G V x r rA C.O 013 ►o 0 co O O N N 0 0 c&ty/ 4 s4& Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: January 7, 2003 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of an Art Piece for PUBLIC HEARING: Omri and Boni's Restaurant RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The artist is requesting $35,500 for construction and lighting of the art piece. This request can be funded by the Art in Public Places fund, which has a balance of $184,447 as of November 30, 2002. This project has paid Art in Public Places fees of $2,884 as part of their building permit issued in July 2002. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the November 14, 2002 Cultural Arts Commission meeting, the Commission reviewed a request by Roger Hopkins to fund the art piece "Desert Dolmen" proposed by Omri Sikai for the Omri and Boni Restaurant being constructed on the southeast corner of Washington Street and Lake La Quinta Drive. The proposal is provided as Attachment 1 . The Commission reviewed the art piece concept: Four boulders standing upright with one boulder providing a top for the art piece, as provided in Attachment 2. There will also be a rock under the art piece roof upon which people may sit, as well as a bench on the east side of the sculpture for seating. The material of the proposed art piece is granite. The outside "walls" and "roof" will be natural stone and the inside "walls" and "roof," as well as the seating stone inside the sculpture and the bench, will be a polished granite rock. 146 S:\Community Services\CCReports\CC.230.Omri and Boni Art Piece.oc.doc After some discussion, the Commission asked to view the piece, which is constructed at a rock quarry in Cathedral City. Two Commissioners viewed the piece and suggested to the artist that the pieces were too large for the proposed site. At the December 12, 2002 Cultural Arts Commission meeting, artist Roger Hopkins stated that he had reduced the size of the sculpture by two feet, so the piece would fit at the site. A site plan is provided as Attachment 3. Attachment 4 provides a conceptual plan of the art piece against the backdrop of the restaurant. The Cultural Arts Commission is recommending approval of the art piece by the City Council. Should the City Council approve the art piece concept, staff will prepare an Art Purchase Agreement for City Council consideration at the January 21, 2003 City Council meeting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the art piece "Desert Dolmen," authorize the expenditure of $35,500 from the Art in Public Places fund, and direct staff to prepare an art purchase agreement for City Council consideration; or 2. Do not approve the art piece "Desert Dolmen"; or 3. Provide staff with alternative direction. 14 y. e tfull s mitted, Dodie Horvitz, Commhnity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . "Desert Dolmen" Proposal 2. Proposed Art Piece 147 3. Site Plan 4. Conceptual Design of Restaurant and Art Piece U ti 4 S:\Community Services\CCReports\CC.230.Omri and Boni Art Piece.oc.doc ATTACHMENT 1 0. WWW. KogerHopLins.com Roger Hopkins - Sculptor Stone Imports +++89 Town Center Way Suite D Palm Desert, California 92260 MoWc : (978) 828 3605 e-mail: rhopkins@rogerhorkins.com RE : "Desert Dolmen" There is a Part of everyone that recognizes some feeling or link to the Past when they are in the Presence of ancient stones. The earliest artistic endeavors of man were the erection of standing stones and many of these are still standing scattered around the globe. Although the meaning of these ancient stones will never 6e uncovered the emotion and effort are felt today. The "Desert Dolmen" is meant to inspire an ancient artistic link which will celebrate the beauty of the chosen stones Plus a hint of man's influence with their structure and mysterious Polished surfaces. The towering stones will invite close in,5pection and the polished surfaces will provide a rare and surprising tactile experience. A polished fallen stone near the upright will provide a convenient resting spot for one to enjoy not only the artistic dolmen but the unparalleled view of La Quinta's famous mountains. 4 www. KogerHopLins.com Roger Hopkins - Sculptor Stonc Imports +++59 Town Center Way `juite D Palm Desert, California 92260 Mobile: (978) 828 5605 e-mail: rhopLins@rogerhopLins.com City of La Quinta 78-+595 Calle Tampico La Quinta, CA 92253 RE.: "Desert Dolmen" for Qmri & F)oni's ngineering Stones Crane and Transportation Concrete and Misc. Ligkting Labor & Sculptor's ree Total December 24, 2002 $2500 $5000 $3000 $2000 $3000 $20000 $35500 3 €i 3LW I : zC �� i — { € T4tyl 4.fvQ" COUNCIL/RDA MEETING DATE: ITEM TITLE• Consideration of City Council Committee Appointments for the Year 2003. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: I/ January 7, 2003 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Select representatives of the City Council to serve on various committees for the year 2003. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Each year the City Council selects Council Members to serve on a number of committees which provide regional and local representation for the City of La Quinta. Attachment 1, for Council's consideration, is a complete list of committees and the appointments that were made last year. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Select representatives of the City Council to serve on various committees for the year 2003; or 2. Do not select representatives of the City Council to serve on various committees for the year 2003; or 153 3. Provide staff with alternative direction. Respectfully submitted, Jun . Greek, City Clerk Approved for submission by: Thomas P. Genovese, City Manager er Attachments: 1. Committee List G:\wpdocs\Staff Reports\2002 Committee Appointments. wpd 154 Attachment 1 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS EXECUTIVE COMMITTEE: Member: John J. Pena, Mayor Alternate: Stanley Sniff, Mayor Pro Tern Non -Voting Member: City Manager Meets last Monday of each month at 6. 00 p.m. ENVIRONMENTAL AND ENERGY RESOURCES COMMITTEE: Member: Stanley Sniff, Mayor Pro Tern Alternate: Don Adolph, Council Member Staff Support: Community Development Director or Designee Meets second Thursday of each month at 12. 00 p.m. HUMAN & COMMUNITY RESOURCES COMMITTEE: Member: Alternate: Staff Support: Meets fourth Wednesday of each month at 11: 45 a. m. PUBLIC SAFETY COMMITTEE: Don Adolph, Council Member Ron Perkins, Council Member Community Services Director Member: Ron Perkins, Council Member Alternate: Terry Henderson, Council Member Staff Support: Building & Safety Director Community Safety Manager Meets third Monday of each month at 10. 00 a.m. TRANSPORTATION COMMITTEE: Member: Alternate: Staff Support: Meets third Monday of each month at 12: 00 p.m. Ron Perkins, Council Member Stanley Sniff, Mayor Pro Tern 155 Public Works Director/City Engineer 004 WLISTS\Boards-Commissions\OtherCmteRoster Page 1 Updated: 12/3/02 TECHNICAL ADVISORY COMMITTEE: Member: Meets second Friday of each month at 10. 00 a.m. TECHNICAL PLANNING SUB -COMMITTEE: Member: Alternate: Meets third Monday of each month at 830 a.m. City Manager Community Development Designee Community Development Director TRANSPORTATION TECHNICAL ADVISORY SUB -COMMITTEE: Member: Alternate: Meets fourth Thursday of each month at 1:30 p.m. PM10 TECHNICAL WORKING GROUP: Member: Alternate: Meets first Monday of each month at 1.30 p.m. Public Works Director/City Engineer Senior Engineer Community Development Director or Designee Associate Planner CALIFORNIA JOINT POWERS INSURANCE AUTHORITY Member: Don Adolph, Council Member Appointed: July 15,197 Alternate(s): Personnel/Risk Manager CALIFORNIA STATE UNIVERSITY SAN BERNARDINO LIAISON Member: Management Analyst Appointed by City Manager Authorized by Council: October 1, 1996 00356 N:\LISTS\Boards-Commissions\OtherCmteRoster Page 2 Updated: 12/3/02 CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE Member: Ron Perkins, Council member Appointed: 11/19/02 (for three consecutive meetings) Rotates after three meetings CIVIC CENTER ART PURCHASE COMMITTEE Members: Stanley Sniff, Mayor Pro Tern Don Adolph, Council Member Appointed: February 20, 2001 Rotates Annually COACHELLA VALLEY ECONOMIC PARTNERSHIP Board Member: Member: Don Adolph, Council Member Management Analyst COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT Board Member: Term: Term Expires: Staff Support: Meets second Tuesday of each month at 7:00 p.m. Ron Perkins, Council Member Four Years June 30, 2004 Re -appointed.• 71211996 Re -appointed. 511812000 City Manager COACHELLA VALLEY MOUNTAINS CONSERVANCY Executive Board Member: Alternate: Staff Support: Meets second Monday of every other month at 3: 00 p.m. Stanley Sniff, Mayor Pro Tern Terry Henderson, Council Member Community Development Director n1,5y rt� N:\LISTS\Boards-Commissions\OtherCmteRoster Page 3 Updated: 12/3/02 COACHELLA VALLEY REGIONAL AIRPORT AUTHORITY Member: Terry Henderson, Council Member Alternate: Stanley Sniff, Mayor Pro Tern Staff Support: Community Development Director Meets last Wednesday of each month at 4: 00 p.m, at Thermal Airport IMPERIAL IRRIGATION DISTRICT POWER CONSUMER ADVISORY COMMITTEE Member: Vacant - No LQ Representative at Present Position appointed by I.I. D. Board - City may present a nomination when vacancy occurs LEAGUE OF CALIFORNIA CITIES - RIVERSIDE DIVISION (Selection Committee) Delegate: Alternate: Appointed: Terry Henderson, Council Member Don Adolph, Council Member December 16, 1997 LIBRARY SERVICE ZONE ADVISORY BOARD Member: Terry Henderson, Council Member Appointed: October 1, 1996 Alternate: Don Adolph, Council Member Appointed: October 1, 1996 PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY Executive Board Member: Terry Henderson, Council Member Alternate: John Pena, Mayor Staff Support: City Manager Meets third Tuesday of each month at 9: 00 a.m. at Palm Desert City Hall 0071,58 N:\LISTS\Boards-Commissions\OtherCmteRoster Page 4 Updated: 12/3/02 PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION Commission Member: Robert Tyler (44-215 Villeta Dr., LQ) Appointed: September 16, 1997 Re -appointed: 8/1/2000 (4 year term) Terms determined by City Council Meets the first & third Wednesday of each month at 8. 00 a.m. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE Member: Term: Expiration: Vacant Two-year Term February 1, 2002 RIVERSIDE COUNTY TRANSPORTATION COMMISSION Commission Member: Commission Alternate: John Pena, Mayor Terry Henderson, Council Member Terms began January 1, 1999 - No expiration date Meets second Wednesday of each month at 9. 00 a.m, in Riverside SUNLINE TRANSIT AGENCY Board Member: Alternate: Staff Support: Meets last Wednesday of each month at 12. 00 p.m. John Pena, Mayor Don Adolph, Council Member City Manager 1,59 N:\LISTS\Boards-Commissions\OtherCmteRoster Page 5 Updated: 12/3/02 REPORT/INFORMATIONAL ITEM: A10 T4ht 4 stP " CULTURAL ARTS COMMISSION MINUTES November 14, 2002 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Else Loudon presided over the meeting. Commissioner McGraw led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Else Loudon Commissioner Elaine Reynolds Commissioner Sheldon Brodsky Commissioner Tom McGraw STAFF PRESENT: Dodie Horvitz, Community Services Director PUBLIC PRESENT: David Schroeder Linda Young Bill Hackett Iris Beech Bruce Thomas Roger Hopkins Jeffery Jurasky II. PUBLIC COMMENT - None. III. CONFIRMATION OF AGENDA - Confirmed. IV. CONSENT CALENDAR A. Financial Report for October. B. Approval of Minutes October 10, 2002. C. Monthly Department Report for September 2002. It was moved by Commissioners McGraw/Brodsky to approve the Consent Calendar with minor changes. Unanimous. l r0 Cultural Arts Commission Meeting Minutes November 11, 2002 Page 2. V. BUSINESS ITEMS Community Services Director Horvitz advised the Commissioners that Mayor Pena has provided a letter of gratitude to the Commissioners. Mayor Pena had wanted to attend the meeting; however, due to an unforeseen schedule change he was unable to attend this evenings meeting. A. Omri and Boni Restaurant Art Piece Staff gave an overview of the Art in Public Places program in regards to the fund balance and the possible upcoming projects that may be coming before the Commission for consideration, such at the artistic bridge railings for improved bridges that are being constructed, the water feature and fencing for the Community Park. Commissioner Reynolds stated that it is important to continue with previously implemented art projects. Roger Hopkins gave an overview of the art piece in which he is proposing for the corner of Washington Street and Lake La Quinta Drive. It consists of four large stones standing upright and one stone providing a roof over the four. The height of the art piece will be six feet. There will also be a bench for people to sit and enjoy the sculpture. Commissioner Loudon asked if the materials being used are tied to the restaurant. Mr. Hopkins stated that the same materials used for the sculpture will be used in the restaurant and one large piece will be visible from the outside through a large window. The cost of the art piece is $32,000, which will include the landscaping, lighting and bench located at the site. Commissioner McGraw proposed that the art piece produced by Bruce Thomas that was removed from Painted Cove be located at the restaurant site, and that the piece suggested by Mr. Hopkins would be better suited for the Civic Center Campus. Commissioner Reynolds stated that the price of the art piece seems a bit high since it's not cast in bronze but made of stone. Commissioner McGraw stated again that the Civic Center Campus would be a better location for the stonework. Commissioner Brodsky asked Mr. Thomas if his art piece needed to be installed in a pond. Mr. Thomas stated that was the vision he had for the art piece, however, now that the City owns it, the City can display it as deemed appropriate. Mr. Thomas stated that the piece is best displayed with a clear glass like substance to reflect the image. If the piece is set in a pond, it should be a black bottom pond. Commissioner McGraw inquired as to the repair of the art piece. Mr. Thomas stated that an auto body repair shop could repair the fiberglass. SACommunity Services\CAC\CACMIN.11.14.02.doc T Cultural Arts Commission Meeting November 11, 2002 Minutes Page 3. Commissioner Loudon inquired as to the cost to install a pond. Staff will research this and provide that information when available. Mr. Thomas stated that only 3-4 inches of water is needed to reflect the piece. Commissioner Brodsky asked if the Commission is responsible for approving the art piece, as it is the developers' choice. Staff gave an overview of the Art in Public Places program and stated that the Commission is not responsible for approving artwork solely for the continuation of the architectural design of the building. Staff reported that in the past, the Commission has not approved artwork that is an integral part of the architectural design of the development (as in the Sedona Homes proposal). Mr. Hopkins invited the Commissioners to view the art piece at Desert Rock Supply in Cathedral City. Commissioner Loudon asked that this item be brought back at the December meeting, to give the Commissioners time to view the art piece and the architect to provide a scaled site plan for the proposed art piece. Commissioner Brodsky stated that this decision should not be put off for another month. Staff reminded the Commission that this art piece is a significant contribution to the community, and the recommendation to the City Council must be based upon complete information. Mr. Hopkins stated that waiting a month would not be a problem, as the restaurant is scheduled to open in February. Commissioner McGraw stated that the Commission should view the art piece before a decision is made. The Commission agreed by consensus that this item should be continued to the December meeting in order to allow the Commissioners to visit the site and the art piece. B. Bruce Thomas Art Piece Commissioner Reynolds suggested the Commissioners review the list of possible locations for artwork that past Commissions have worked on for a possible location for Mr. Thomas's piece. Commissioner McGraw suggested the Commissioners drive around town and look for an appropriate location for the Thomas art piece. The Commission agreed by consensus that this item should be continued to the December meeting in order to allow the Commissioners to view possible sites for the art piece. VI. CORRESPONDENCE AND WRITTEN MATERIALS Staff presented a letter from Mayor Pena thanking the Commission for a job well done representing the City. SACommunity Services\CAC\CACMIN.11.14.02.doc s v63 � Cultural Arts Commission Meeting November 11, 2002 Minutes Page 4. A. Performing Arts Events: Staff gave an overview of the report presented to the City Council for consideration at the November 5, 2002 meeting. Commissioner Loudon would like for the Commission to feel that something has been accomplished at the end of the year. Commissioner Loudon would like to see a professional performance presented in the early spring, in addition to the picnic performance and she believes the amphitheater would be a good setting for such a performance. Commissioner Reynolds stated that she would like to see an event in the amphitheater and wants to work on this event. She believes an evening event would draw the public. Commissioner McGraw asked if the picnic and performing arts event could be offered on the same day. Commissioner Reynolds stated that the advertisement could include both events and would be cost effective. Commissioner Loudon believes the two events should be separate and offered on different days. She made a commitment to chair this event. Commissioners Reynolds and Brodsky also committed to work on this event after the first of the year. B. Point Happy Dedication The Commissioners agreed that it was a very good event and Commissioner Loudon reported that she had written a letter of thanks to Madison Development on behalf of the Commission. C. Artist Partnership Day The Commission reported a good turn out and that the program was excellent. One suggestion was that the theater at the Middle School should be used next year to better accommodate the students and artists. VIII. COMMISSIONER ITEMS Commissioner Reynolds asked when the City Council was going to fill the Commission's vacancy. Staff reported that item would be on an upcoming agenda. IX. ADJOURNMENT It was moved by Commissioners Brodsky/McGraw to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:45 PM. NEXT MEETING INFORMATION SACommunity Services\CAC\CACMIN.11.14.02.doc 163 U04 Cultural Arts Commission Meeting Minutes November 11, 2002 Paqe 5. December 12, 2002 7:00 PM La Quinta Civic Center Study Session Room Agenda items for next meeting: • Bruce Thomas art work • Omri and Boni Restaurant Art Piece • Spring Ev nt Su itted b Dodie Horvitz Community Services irector 164 65 SACommunity Services\CAC\CACMIN.11.14.02.doc DEPARTMENT REPORT: 3 - A JANUARY 7 JANUARY 21 FEBRUARY 4 FEBRUARY 18 CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING MARCH 4 CITY COUNCIL MEETING MARCH 18 CITY COUNCIL MEETING APRIL 1 CITY COUNCIL MEETING APRIL 15 CITY COUNCIL MEETING MAY 6 CITY COUNCIL MEETING MAY 20 CITY COUNCIL MEETING JUNE 3 CITY COUNCIL MEETING JUNE 17 CITY COUNCIL MEETING (, , 165 January 2003 La Quints City Council Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday 2 3 4 1 December 02 February 03 S M T W T F S S MT W T F S - 1 2 3 4 5 6 7 1 8 9 10 11 12 13 14 2 3 4 5 6 7 8 New Years Day 15 16 17 18 19 20 21 9 10 11 12 13 14 15 (City Hall CLOSED) 22 23 24 25 26 27 28 16 17 18 19 20 21 22 29 30 31 23 24 25 26 27 28 5 6 7 8 9 10 11 2:00 PM City 9:00 AM RCTC 12:00 PM Council Meeting 5:30 PM Invest- Mayor's Lunch 3:30 PM Energy/ ment Advisory 7:00 PM Cultural Envi-Sniff Board Arts Commission 12 13 14 15 16 17 18 10:00 AM Public 7:00 PM Mosquito 3:00 PM Historic Safety -Perkins Abate. -Perkins Preservation 12:00 PM Transp. 7:00 PM Planning Commission -Perkins Commission 6:00 PM League of Cities-Riv.Div. 7:00 PM Commu- nity Services Commission 19 20 21 22 23 24 25 9:00 AM CVB- 12:00 PM CVAG 9:00 AM LAFCO- Henderson Human/Comm- Henderson IV 2:00 PM City Adolph Council Meeting 4:00 PM DRRA Martin Luther Airp-Henderson King's Birthday (CITY HALL CLOSED) 26 27 28 29 30 31 6:45 PM CVAG 7:00 PM Planning Exec. Com- Commission Adolph Printed by Calendar Creator Plus on 1/2/2003 166 February 2003 La Quinta City Council Monthly Planner Sunday..aw Tuesday Wednesday.. .. .. 1 January March S M T W T F S S M T W T F S - _ __ - 1 2 3 4 T 5 6 7 8 9 10 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 12 13 14 15 16 17 18 16 17 18 19 20 21 22 19 20 21 22 23 24 25 23 24 25 26 27 28 29 26 27 28 29 30 31 30 31 2 3 4 5 6 7 8 2:00 PM City 10:00 AM ALRC Council Meeting 9 10 11 12 13 14 15 10:00 AM Public 7:00 PM Mosquito 9:00 AM RCTC 12:00 PM Energy/ Safety -Perkins Abate. -Perkins 5:30 PM Invest- Envi-Sniff 12:00 PM Transp. 7:00 PM Planning ment Advisory 7:00 PM Cultural -Perkins Commission Board Arts Commission 6:00 PM League Valentines Day of Cities-Riv.Div. 7:00 PM Commu- nity Services Commission Lincoln's Birth- day (City Hall Open) 16 17 18 19 20 21 22 9:00 AM CVB- 3:00 PM Historic Henderson Preservation 2:00 PM City Commission Council Meeting President's Day (CITY HALL CLOSED) 23 24 25 26 27 28 6:00 PM CVAG- 7:00 PM Planning 12:00 PM CVAG 9:00 AM LAFCO- Exec Com- Commission Human/Comm- Henderson Adolph Adolph 4:00 PM DRRA Airp-Henderson Printed by Calendar Creator Plus on 1/2/2003 1 b .i March 2003 La Quinta City Council Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 2:00 PM City Council Meeting 10:00 AM ALRC 12:00 PM Mayors Lunch 9 10 11 12 13 14 15 10:00 AM Public Safety -Perkins 12:00 PM Transp. -Perkins 7:00 PM Mosquito Abate. -Perkins 7:00 PM Planning Commission 9:00 AM RCTC 5:30 PM Invest- ment Advisory Board 12:00 PM Energy/ Envi-Sniff 7:00 PM Cultural Arts Commission 6:00 PM League of Cities-Riv.Div. 7:00 PM Commu- nity Services Commission 16 17 18 19 20 21 22 9:00 AM CVB- Henderson 2:00 PM City 3:00 PM Historic Preservation Commission 0 St. Patrick's Day Council Meeting 1st Day of Spring 23 24 25 26 27 28 29 7:00 PM Planning Commission 12:00 PM CVAG Human/Comm- Adolph 9:00 AM LAFCO- Henderson 4:00 PM DRRA Airp-Henderson 30 31 6:00 PM CVAG- Exec Com- Adolph February April S M T W T F S S M T W T F S 1 - 1 2. 3 4_ 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 11 27 28 29 30 Printed by Calendar Creator Plus on 1/2/2003 T4iyl 4s4�Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: January 7, 2003 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Public Hearing on the Adoption of a Resolution to Vacate a Portion of Calle Tampico Near Avenida Navarro PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council to vacate a portion of Calle Tampico near Avenida Navarro. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Due to the realignment of Calle Tampico, as shown on Attachment 1, Calle Tampico contains a portion of right-of-way that is no longer required. This portion of right-of- way is specifically described in Attachment 2 and is not needed by other property owners for access, or improved accessibility. The City mailed out notification letters to all potentially affected public agencies, setting December 9, 2002 as the deadline for comments. No public agency has responded with negative comments or has requested additional easements. The application was considered by the Planning Commission on November 26, 2002. The Planning Commission found the proposed vacations to be consistent with the La Quinta General Plan. On December 3, 2002 the City Council adopted Resolution 2002-158, declaring its intent to vacate the right-of-way and schedule a Public Hearing. Public Hearing notices were posted on the property to be vacated and published in the newspaper, in accordance with the Streets and Highways Code. TAPWDEPT\C0UNCIL\2003\030107f.wpd 169 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council to vacate a portion of Calle Tampico near Avenida Navarro; or 2. Do not adopt a Resolution of the City Council to vacate a portion of Calle Tampico near Avenida Navarro; or 3. Provide staff with alternative direction. Respectfully submitted, FT wv IV\ imothy`R ublic Wo Attachments nasson P.E. Director/City Engineer 1. Vicinity Map 2. Legal Description Approved for submission by: Thomas P. Genovese City Manager 170 T:\PWDEPT\C 0 U NC I L\2003\030107f. wpd n RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A PORTION OF CALLE TAMPICO NEAR AVENIDA NAVARRO CASE NO. RW-V 2002-012 WHEREAS, the City Council of the City of La Quinta did adopt Resolution 2002- 158, declaring its intention to vacate a portion of Calle Tampico near Avenida Navarro, setting the date of January 7, 2003, at the hour of 7:00 P.M., in the La Quinta Civic Center Council Chambers as the date, time, and place for the hearing of all persons interested in presenting their views and testimony in regard to the proposed vacation; and, WHEREAS, pursuant to Sections 8322 and 8323 of the Public Streets, Highways and Service Easement Vacation Law, due notice of the Public Hearing was given by public posting in the time and manner prescribed by law, and, WHEREAS, following its discussion of the street vacation application on November 26, 2002, the Planning Commission of the City of La Quinta has determined that the vacation of said portion of Calle Tampico near Avenida Navarro, is not in conflict with the Circulation Element or other policies of the General Plan of the City of La Quinta; and, WHEREAS, the City Council of the City of La Quinta has conducted the required public hearing upon due notice and, upon hearing and considering all testimony and arguments of all interested parties and persons desiring to be heard, did find the facts to exist justifying the approval and adoption of said portion of Calle Tampico near Avenida Navarro vacation, as follows: 1 . Vacation of the subject portion of Calle Tampico near Avenida Navarro, will not adversely affect the City of La Quinta or adversely impact the Circulation Element of the City of La Quinta General Plan. 2. The affected portion of Calle Tampico near Avenida Navarro is unnecessary for either present or prospective public use or purposes, including use as non - motorized transportation facilities. 3. No local public agency has submitted objections to the proposed vacation of the portion of Calle Tampico near Avenida Navarro. 4. Approval and adoption of the proposed vacation of a portion of Calle Tampico, near Avenida Navarro, will not cause a significant negative impact upon the environment, due, in part, to the fact that extinguishment of the right-of-way 1 i will restore possession of the vacated portion of Calle Tampico, near Avenida Navarro to the vested owner of the abutting parcel of real property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: SECTION 1: The City Council, having elected to proceed under the provisions of Chapter 3 of the Public Streets, Highways and Service Easement Vacation Law of the State of California, and having held a public hearing upon due notice as provided therein, hereby finds from all evidence submitted that the portion of Calle Tampico near Avenida Navarro, specifically described in attachments 1-2, attached hereto and incorporated herein, is unnecessary for either present or prospective public use or purposes, including use as non -motorized transportation facilities. SECTION 2: The City Council hereby orders the vacation of the portion of Calle Tampico near Avenida Navarro, as shown in attachments 1-2 attached hereto and incorporated herein. SECTION 3: The City Council hereby determines that adoption of the vacation will cause no significant negative environmental impact. SECTION 4: The City Council hereby orders that the vacation shall not be effective until a certified copy of this Resolution, has been recorded with the Riverside County Recorder. SECTION 5: The City Council hereby determines and orders that the City Clerk is hereby authorized and directed to record a certified copy of this Resolution in the Office of the County Recorder of Riverside County, California. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of January, 2003, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: 1'7 094 Don Adolph, 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 173 GRAPHIC SCALE ATTACHMENT .1 30 0 15 30 60 120 �RpFESS/pN Fv<) o D. FF < ril XP. 12/31 /05 Civ►� �P \(OP ( IN FEET ) 1 inch = 30 ft. RIGHT OF WAY VACATION PI AT M p I CB R = 1200_0o' CALLE TA - 03'00'37,63.05 100.00 N7T3926' E I I K) 1 1 1 1 38.00' EXISTING CURB FACE 1 t 1 1 50.00' --�� -� N77,3g'260E 71.36 area to be 2027 SO FT vacated 0.04 AC �; Z o 80.05' � 2 n � N89'57'00 "W A = 89'51 '37" o L = 31.37' 2 N89'S437 EAR n „r ;• Ion I ( A o Lot 1, Block 123 1 , I o o � w I MB 18183 p I o.00'- - �r 100.00' 20.00' — S8957'00 E I I I „ I 174 RIGHT-OF-WAY ATTACHMENT 2 VACATION LEGAL DESCRIPTION AREA TO BE VACATED A PARCEL OF LAND IN A PORTION OF UNIT NO. 14, SANTA CARMELITA AT VALE LA QUINTA AS SHOWN ON MAP ON FILE IN BOOK 18 OF MAPS AT PAGE 83, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO BEING IN A PORTION OF THE SOUTHEAST ONE -QUARTER OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 123 OF SAID UNIT NO. 14; THENCE S 89057'00" E ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 80.05 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE EASTERLY ALONG SAID CURVE CONCAVE TO THE SOUTH THROUGH A CENTRAL ANGLE OF 89051'37" A RADIUS OF 20.00 FEET AN ARC LENGTH OF 31.37 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1; THENCE N 00005'23"W A DISTANCE OF 24.01 FEET; THENCE N 51 °08'01" W A DISTANCE OF 38.92 FEET TO A POINT PARALLEL WITH AND 50.00 FEET SOUTHEAST OF THE CENTERLINE OF CALLE TAMPICO; THENCE S 77039'26" W PARALLEL WITH SAID CENTERLINE A DISTANCE OF 71.36 FEET; THENCE S 00005'23" E A DISTANCE OF 13.14 FEET TO THE NORTHWEST CORNER OF SAID LOT 1 AND THE POINT OF BEGINNING. CONTAINING 2027 SQ. FT. (0.04 AC.) MORE OR LESS QSQVTSS/Q4 5�SD�.�` co 4�. t2r��ros sis �CIVIL 04r_C kL`V!0-1/ 175 w5 GSM OF fly 9 COUNCIL/RDA MEETING DATE: January 7, 2003 ITEM TITLE: Public Hearing on the Adoption of a Resolution to Vacate Portions of Madison Street between Avenue 58 and Avenue 60 Reserving all the Necessary Easements for the Existing Utilities RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: c Adopt a Resolution of the City Council to vacate portions of Madison Street between Avenue 58 and Avenue 60 for street purposes reserving all the necessary easements for the existing utilities. FISCAL IMPLICATIONS: None at this time. However, the City will incur increased maintenance responsibility for Madison Street in its new alignment once those improvements are dedicated to the City. It should be noted that the developer proposes to dedicate a 1 10-foot wide right-of-way with its associated improvements, including an 18-foot wide landscaped median, instead of the 88-foot wide right-of-way with a paved median as is currently required by the General Plan. The vacation resolution conditions the developer to enter into a landscape maintenance reimbursement agreement in which its successors and assigns (typically the HOA) are obligated to reimburse the City on an annual basis in perpetuity for all landscape maintenance costs associated with the median landscaping. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In August 2002, approximately 420 acres of the Coral Mountain project was annexed into the City of La Quinta. The developer of the Coral Mountain project, Coral Option 1, LLC, now desires to realign Madison Street between Avenue 58 and 60 to accommodate its on - site development plan as shown in Attachment 1 . The portion of Madison Street that the developer is proposing to vacate is shown on Attachments 2 and 3. 176 T:\PWDEP-RCOUNCIL\2003\030107e.wpd The existing street right-of-way will remain as public right-of-way until: 1) the developer enters into a landscape maintenance reimbursement agreement with the City to cover the cost of the median island landscape maintenance, and 2) the new street improvements are constructed and accepted by the City, including the new right-of-way dedication, at which time the conditional requirements of the vacation approval will be deemed complete and the City Clerk will be authorized to have the vacation resolution recorded at the County Recorders Office. The resolution to vacate Madison Street contains conditional approval language that holds the vacation in abeyance until the foregoing requirements are fulfilled. On November 8, 2002, staff mailed notices to public agencies, informing them of the proposed vacation. The City has not received any comments opposing the vacation. The La Quinta Planning Commission reviewed the proposed vacation at its November 26, 2002 meeting and found it to be consistent with the Circulation Element of the General Plan. On December 3, 2002, the City Council adopted Resolution 02-162, declaring its intention to vacate said portion of Madison Street and schedule a Public Hearing on January 7, 2003. Public hearing notices were posted in the proposed vacation area on December 5, 2002 and a notice was published in the Desert Sun newspaper on December 14, 2002, in accordance with the Streets and Highway Code. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council to vacate portions of Madison Street between Avenue 58 and Avenue 60 for street purposes; or 2. Do not adopt a Resolution of the City Council to vacate portions of Madison Street between Avenue 58 and Avenue 60 for street purposes; or 3. Provide staff with alternative direction. I n,vti T:\PWDEPT\COUNCIL\2003\030107e.wpd Respect Ily submitted, 14 Timothy R. Jo as on, P.E. Public Works Di ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Proposed street alignment 2. Legal description of the right-of-way to be vacated 3. Plat of the right-of-way to be vacated 178 T\PW DEPT\COU NCI Lk20031030107e.wpd RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING PORTIONS OF MADISON STREET BETWEEN AVENUE 58 AND AVENUE 60, RESERVING ALL THE NECESSARY EASEMENTS FOR THE EXISTING UTILITIES CASE NO. RW-V 2002-011 WHEREAS, the City Council of the City of La Quinta did adopt Resolution 2002- 162, declaring its intention to vacate portions of Madison Street between Avenue 58 and Avenue 60, reserving all the necessary easements for the existing utilities, setting the date of January 7, 2003, at the hour of 7:00 P.M., in the La Quinta Civic Center Council Chambers as the date, time, and place for the hearing of all persons interested in presenting their views and testimony in regard to the proposed vacations; and, WHEREAS, pursuant to Sections 8322 and 8323 of the Public Streets, Highways and Service Easement Vacation Law, due notice of the Public Hearing was given by public posting in the time and manner prescribed by law, and, WHEREAS, following its discussion of the street vacation application on November 26, 2002, the Planning Commission of the City of La Quinta has determined that the vacation of a portions of Madison Street between Avenue 58 and Avenue 60, reserving all the necessary easements for the existing utilities, is not in conflict with the Infrastructure Element or other policies of the General Plan of the City of La Quinta; and, WHEREAS, the City Council of the City of La Quinta has conducted the required public hearing upon due notice and, upon hearing and considering all testimony and arguments of all interested parties and persons desiring to be heard, did find the facts to exist justifying the approval and adoption of said resolution to vacate said portions of Madison Street between Avenue 58 and Avenue 60 as follows: 1 . Vacation of the subject portions of Madison Street between Avenue 58 and Avenue 60, reserving all the necessary easements for the existing utilities, will not adversely affect the City of La Quinta or adversely impact the Circulation Element of the City of La Quinta General Plan. 2. The affected portions of Madison Street between Avenue 58 and Avenue 60 will be realigned by Coral Option 1 to accommodate the Coral Mountain project's on -site development plan, shown on Attachment 1 . 3. Approval of the street vacation by the City Council subject to the condition that 17.1 the new right-of-way along with full -width improvements are dedicated to the City in the new alignment in the areas adjacent to the developer's land holding, and single lane improvements in areas adjacent to the property not owned by the developer. 4. No local public agency has submitted objections to the proposed vacation of portions of Madison Street between Avenue 58 and Avenue 60. 5. Approval and adoption of the resolution to the proposed vacation of portions of Madison Street will not cause a significant negative impact upon the environment, due, in part, to the fact that extinguishment of the right-of-way will restore possession of the vacated portions of Madison Street to the vested owner of the abutting parcel of real property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: SECTION 1: The City Council, having elected to proceed under the provisions of Chapter 3 of the Public Streets, Highways and Service Easement Vacation Law of the State of California, and having held a public hearing upon due notice as provided therein, hereby finds from all evidence submitted that the portions of Madison Street, specifically described and shown in Attachments 2 and 3, attached hereto and incorporated herein, are unnecessary for either present or prospective public use or purposes, including use as non -motorized transportation facilities, on the condition that it will be replaced with the proposed new street alignment shown in attachment 1 . SECTION 2: The City Council hereby approves the vacation on the condition that: 1) the developer enters into a landscape maintenance reimbursement agreement with the City to cover the landscape maintenance cost of the 18-foot wide median island, and 2) the new street full width street improvements are constructed and accepted by the City in the areas adjacent to the developer's land holdings, and single lane improvement are constructed in the areas not adjacent to the developer's land holdings, including the new right of way dedication, prior to recording the vacation resolution at the County Recorders Office. SECTION 3: The City Council hereby conditionally orders the vacation of the portions of Madison Street between Avenue 52 and Avenue 60, as shown and described in attachments 2 and 3, attached hereto and incorporated herein, reserving all the necessary easements for the existing utilities. SECTION 4: The City Council hereby determines that adoption of the vacations will cause no significant negative environmental impact. SECTION 5: The City Council hereby orders that the vacations shall not be effective until a certified copy of this Resolution, has been recorded with the Riverside County Recorder. SECTION 6: The City Council hereby determines and orders that the City Clerk is hereby authorized and directed to record a certified copy of this Resolution in the Office of the County Recorder of Riverside County, California once the conditions set I S 0 forth in Section 2 are satisfied. T) J 'J PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of January, 2003, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Don Adolph, 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 191 T:\PWDEPT\C0UNCIL\2003\030107e Reso—pd x i a:ygr 3ai rtE�$F�o9�gz itli"g au SO u �i,'oj+�Y aL auni_ V. €.6 _ e y y.s s3iEY�� y EU Yn ai A3yeav y3 `i{eL 5� rR,w..:..wAa�y^ 2 E8�' r'y',a�uY Ye a9lg_'io'Yb "q-z3. ppru i �5xi- a��3eel� a' { W " ' IIII!II111 i� ATTACHMENT 1 k e a Y p- }} oz �^ Fam0 a 11ff ll li m -ol z - N Z 3 C T C � � 3 C a ly1Eg3 Y �N -A b} " y!y}j• � r � kk�SS pgq}�( • '� p E Y F� R� R Y� a F � Q nt e•. T�"i --.Ir�? � � � 1 1 .E y r- 8� F .•. 182 � A Q ATTACHMENT 2 EXHIBIT "A" MADISON STREET VACATION THE WEST 30.00 FEET OF SECTION 27, TOWNSHIP 6 SOUTH, RANGE 7 EAST SAN BERNARDINO MERIDIAN EXCEPTING THEREFROM THE NORTHERLY AND SOUTHERLY 30.00 FEET. THE EAST 30.00 FEET OF SECTION 28, TOWNSHIP 6 SOUTH RANGE 7 EAST SAN BERNARDINO MERIDIAN, TOGETHER WITH THE WESTERLY 20.00 FEET OF LOT "A" OF TRACT 3686 AS FILED IN BOOK 60 OF MAPS AT PAGES 12 AND 13, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA: EXCEPTING THEREFROM THE NORTHERLY 30.00 FEET OF SAID EAST 30.00 FEET OF SECTION 28. ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 28,- THENCE N 000 17' 42" E ALONG THE EAST LINE OF SAID SECTION 28 A DISTANCE OF 586.74 FEET TO THE BEGINNING OF A NON -TANGENT CURVE AND BEING THE POINT OF BEGINNING. (THE BEGINNING RADIAL BEARS N 77° 33' 15" W); THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 2,455.00 FEET THROUGH A CENTRAL ANGLE OF 3° 58' 02" AN ARC LENGTH OF 169.99 FEET TO THE WESTERLY LINE OF THE EAST 30.00 FEET OF SAID SECTION 28 AND THE POINT OF TERMINATION. ALSO EXCEPTING THEREFROM THE FOLLOWING: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 28: THENCE N 00 17' 42" E ALONG THE EAST LINE OF SAID SECTION 28 A DISTANCE OF 1,001.61 FEET TO THE BEGINNING OF A NON -TANGENT CURVE AND THE POINT OF BEGINNING. (THE BEGINNING RADIAL BEARS S 20° 25' 36" E); THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 180.00 FEET THROUGH A CENTRAL ANGLE OF 160 21' 36" AN ARC LENGTH OF 51.40 FEET TO THE WESTERLY LINE OF SAID LOT "A"; THENCE N 000 17' 42" E ALONG THE WESTERLY LINE OF SAID LOT "A" A DISTANCE OF 60.26 FEET TO THE BEGINNING OF A NON -TANGENT CURVE. (THE BEGINNING RADIAL BEARS S 60 15' 18" E); THENCE NORTHEASTERLY ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 120.00 FEET THROUGH A CENTRAL ANGLE OF 240 35' 10" AN ARC LENGTH OF 51.49 FEET TO THE BEGINNING OF A REVERSE CURVE; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 180.00 FEET THROUGH AN ANGLE OF 00 36' 28" AN ARC LENGTH OF 1.91 FEET TO THE EAST LINE OF SAID SECTION 28; THENCE S 000 1 T 42" W ALONG THE EAST LINE OF SAID SECTION 28 A DISTANCE OF 66.62 FEET TO THE POINT OF BEGINNING. v �nj,OFESS/ON9 . 26c�C2 _ 1 g, LIP r CH 31, 2CO4 �F OF cA+_\c�`'. n�;c EXHIBIT "B" ATTACHMENT 3 CORAL MOUNTAIN MADISON STREET VACATION _58TH AVENUE �U �M _ 3, o' _ ZUF�wT — V I n=03'58'02' R= 2455.00 L.=169.99 T=5.03 85.03 w w rn z 0 0 Q N 00'17'42"E 419.87 30' N 00'05'35"E 2652.54 N $1-31'17"�y (R� N 0017'42"E 586.74 o, 20 22T, j30' 60TH AVENUE _ N 89'30'53"E 30.00 DETAIL "B" NTS ■ ,,, 30' O z z J t- cn z x o w F= U w i J \ f U 1 o i z I X N 00'17'42 E-/l 2721.54 _ a S 1 /16 LINE SEC 287 o r UQ lop.jg 50 4 3 2 CALLE CONCHITA 5 WA 2-� � X SEEI DETAIL "A" TO RIGHT' SEE DETAIL "B" ABOVE 60TH AVENUE W W E m ►� 30' MY /,OFESS/D. p r 2 7 r 131, 2004 CJv'l\� rhF OF SI'. VICINITY MAP NTS SECTION 27. T6S. R7E. SEIM S 30'50'28"E _�R) 1 QI 0=24'35"0" �" 0=00'36'28" R=120.00 \ ~o R=180.00 L=51.49 \ L=1.91 T=26.15 T=0.95 S 06'15'18"E�R1 N 30 04 53 W (R) N 00'17'42"E!:z N 00'17'42"E 60.26 66.62 CALLE CONCHITA LOT "B" S 20'25'35"E (R) S 04_03'59" � I w I ui 0=16'21'36" R=180.00 cn cn L= 51.40 w I T=25.87 oz 8 I CI I � Q o �- O :2 z 60TH AVENUE DETAIL "A" NTS 1 84 — 30' T4'yl 4 4 Q" COUNCIL/RDA MEETING DATE: January 7, 2003 ITEM TITLE: Joint Public Hearing for Consideration of 1) an Agreement for Purchase and Sale and Escrow Instructions by and Between the La Quinta Redevelopment Agency ("Agency") and Santa Rosa Plaza, LLC ("Seller") Pursuant to Which the Agency Would Purchase from Santa Rosa Plaza LLC 6.81 Acres of Property (the "Hotel Parcel"); 2) an Agreement for Purchase and Sale and Escrow Instructions by and Between the Agency and Santa Rosa Plaza LLC Pursuant to Which the Agency Would Purchase from Santa Rosa Plaza LLC 2.4 Acres of Property (the "Commercial Parcels"); and 3) a Disposition and Development Agreement by and Between the Agency and Bison Hotel Group, LLC (the "Developer") Pursuant to Which the Agency Would Sell the Hotel Parcel and the Commercial Parcels to the Developer to Facilitate the Development of an Embassy Suites Hotel in the Village of La Quinta 61im ► � � •1►A AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING. Adopt a Resolution of the City Council approving the Disposition and Development Agreement between the La Quinta Redevelopment Agency and Bison Hotel Group LLC. The Disposition and Development ("Agreement") will result in expenditure of $3,440,000 in Redevelopment funds over a 24-month period. These funds will be repaid over a five-year term and will accrue interest at a rate of prime plus two percent (2%). When repaid, the Agency will receive the $3,440,000 in principal and an estimated $920,000 of interest earnings. CHARTER CITY IMPLICATIONS: None. G:\WPDOCS\CC Stf Rpts\EmbassyStsDDA-CCstfrpt.wpd 185 BACKGROUND AND OVERVIEW: Bison Hotel Group, Inc. ("Developer") is proposing to develop a resort complex anchored by an Embassy Suites Hotel. The development includes a four story, 146- room Embassy Suites Hotel, 144 casitas vacation rental units, and up to 23,000 square feet of commercial uses. Prior to September 1 1 , 2001 the Developer had secured financing commitments to both purchase the site and develop the hotel. However, since that date, the Developer has not been able to secure the financing needed to build the hotel. In order to stimulate additional economic activity in the Village, the Agency Board considered a proposal to facilitate the Hotel development wherein the Agency would purchase the Hotel Parcel and the Commercial Parcels from the Seller and resell them to the Developer. The purchase terms would entail payment for these parcels over a five year period, which would allow the Developer to establish the Hotel operation and repay the Agency from cash generated by the Hotel operations versus from capital that could otherwise be used to construct and furnish the Embassy Suites Hotel. The attached Summary Report details this transaction. In general, the Agency would purchase four parcels from Santa Rosa Plaza in two phases. Phase one entails purchasing the Hotel Parcel for $1,600,000 at the time the Developer closes the loan which will fund the construction of the Embassy Suites Hotel. The Agency will then sell the Hotel Parcel to the Developer for $1,600,000. The Agency's interest will be secured by the 6.81 acre Hotel Parcel and will be subordinated only to the construction and permanent loans for the Embassy Suites Hotel. Once the City of La Quinta issues a certificate of occupancy for the Embassy Suites Hotel, the Agency will then purchase the second phase of properties from Santa Rosa Plaza, the three Commercial Parcels, for $1,840,000. The three Commercial Parcels will secure the Agency's interest for this acquisition, which per the Agreement, may not be subordinated to any other lien or encumbrance. These parcels will be transferred to the Developer when the Developer repays the $1,840,000 plus accrued interest. The property purchase terms allow the Developer to repay the Agency for both the Hotel Parcel and Commercial Parcels over a five-year period, with outstanding principal accruing interest at the current prime interest rate plus two percent (2%), compounded monthly and adjusted annually on July 1 st of each year. The five-year repayment term commences the day the Hotel Parcel is transferred to the Developer, with principal and interest payments commencing 24 months after the Hotel Parcel is acquired by the Developer. All outstanding principal and accrued interest are due and payable no later than five years after the Hotel Parcel is transferred. Finally, the Agreement includes a covenant that requires an Embassy Suites Hotel to remain in operation from the time the certificate of occupancy is issued to the end of the five-year purchase period. The Agreement obligates the Agency to fund a total of $3,440,000. The Agency will use available tax increment revenue to fund this amount. Per the Agreement, the $3,440,000 accrues interest at the current prime rate plus two percent (2%), with interest expense compounding monthly. Based upon an assumed constant 6.5 percent interest rate and the disbursement and repayment terms contained in the Agreement, the Agency would be paid the $3,440,000 in principal and an estimated $920,000 in� �s dU interest earnings at the end of the five-year period. nn 0 4 G:\WPDOCS\CC Stf Rpts\EmbassyStsDDA-CCstfrpt.wpd Currently, LAIF pays two and a half percent (2.5%) or less on invested funds. Assuming a two and a half percent (2.5%) interest rate would stay constant for the five-year term, if the Agency continued to invest the $3,440,000 in LAIF funds the Agency would earn approximately $351,831 on the $3,440,000. Comparing the two interest earnings indicates that the Agency would receive $567,783 in additional interest income on the funds invested in the transaction contemplated by the Agreement. The alternatives available to the City Council include: Adopt a Resolution of the City Council approving the Disposition and Development Agreement between the La Quinta Redevelopment Agency and Bison Hotel Group LLC; or 2. Do not approve the Resolution of the City Council approving the Disposition and Development Agreement between the La Quinta Redevelopment Agency and Bison Hotel Group LLC; or 3. Provide staff with alternative direction. Respectfully submitted, 1 erry er an Cam ity Development Director Approved for Submission: Thomas P. Genovese, City Manager Attachments (see Redevelopment Agency report): 1 . Summary Report 2. Disposition and Development Agreement 3. Agreement for Purchase and Sale and Escrow Instructions (Hotel Parcel) 4. Agreement for Purchase and Sale and Escrow Instructions (Commercial Parcels) 197 G:\WPDOCS\CC Stf Rpts\EmbassyStsDDA-CCstfrpt.wpd RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND BISON HOTEL GROUP LLC FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF CALLE TAMPICO AND DESERT CLUB DRIVE DISPOSITION AND DEVELOPMENT AGREEMENT BISON HOTEL GROUP LLC WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law ("Health & Safety Code § 33000 et seq.) ("CRL"); and WHEREAS, pursuant to the CRL, the City Council of the City of La Quinta ("City" or "City Council," as applicable) approved and adopted the Redevelopment Plan ("Redevelopment Plan") for Project Area No. 1 ("Project Area"), on November 29, 1983, by Ordinance No. 43, and amended the Redevelopment Plan on December 20, 1994, by Ordinance No. 258; and WHEREAS, the Agency staff has negotiated a Disposition and Development Agreement ("Agreement") with Bison Hotel Group LLC, a California limited liability company ("Developer"), pursuant to which (i) the Agency is to convey to the Developer certain real property located within the Project Area (the "Hotel Parcel") for One Million Six Hundred Thousand Dollars ($1,600,000.00) for the Developer's subsequent development thereon of an Embassy Suites Hotel ("Hotel Facility"), and (ii) the Agency is to convey to the Developer certain real property located within the Project Area (the "Commercial Parcels") for One Million Eight Hundred Forty Thousand Dollars ($1,840,000.00) for the Developer's subsequent development and use thereon of commercial uses consistent with City zoning applicable to said property and with the Redevelopment Plan, all as more particularly described in the Agreement; and WHEREAS, the Agreement provides that the Developer's payment for the Hotel Parcel shall be in accordance with the terms and conditions of a promissory note secured by a deed of trust recorded against the Hotel Parcel, and the Developer's payment for the Commercial Parcels shall be in accordance with the terms and conditions of a promissory note secured by a deed of trust recorded against the Commercial Parcels; and WHEREAS, the Agreement provides that Agency may reacquire the Hotel Parcel in the event the Developer fails to commence construction of the Hotel Facility within certain specified time frames, interrupts construction of the Hotel Facility for a specified period of time, or transfers the Hotel Facility in violation of the Agreement, all as more particularly described in the Agreement; and 198 G:\WPDOCS\CCReso-COA\EmbassyCC DDA-Reso.wpd.doc r City Council Resolution 2003- Disposition and Development Agreement Bison Hotel Group Adopted: January 7, 2003 WHEREAS, Health and Safety Code Section 33433 requires that the Agency prepare a Summary Report to consider the Agency's proposed sale of the Hotel Parcel and the Commercial Parcels as set forth in the Agreement, that the Agency Board and the City Council conduct a noticed joint public hearing with respect to the Agreement, and that the approval of the Agreement be accompanied by certain findings and determinations as set forth herein; and WHEREAS, a Summary Report for the Agreement has been prepared and the joint public hearing has been conducted in accordance with applicable requirements of law; and WHEREAS, the City Council and the Redevelopment Agency have considered all the information and evidence set forth in the Summary Report presented by the City/Agency staff and presented by persons wishing to appear and be heard concerning the impact of the Agreement on the Project Area and the City as a whole; and WHEREAS, the Agreement is in accordance with the Redevelopment Plan and is of benefit to the Project Area and the City of La Quinta; and WHEREAS, the City Council hereby determines that the Agency's sale of the Hotel Parcel and the Commercial Parcels pursuant to the Agreement are necessary to effectuate the purposes of the Redevelopment Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA AS FOLLOWS: 1. That the above recitals are true and correct and incorporated herein. 2. That the City Council of the City of La Quinta hereby resolves as follows: a. The Agreement effectuates the purposes of the Community Redevelopment Law (Health & Safety Code § 33000 et seq.) and of the Redevelopment Plan and is in the best interests of the citizens of the City of La Quinta. b. The Agency's sale of the Hotel Parcel and the Commercial Parcels will eliminate blight and is consistent with the Agency's Five -Year Implementation Plan, based on the findings and conclusions of the Summary Report, which is incorporated herein. C. The consideration the Developer will pay for the Hotel Parcel and the Commercial Parcels is not less than the fair market value of the Property at its highest and best use in accordance with the Redevelopment Plan, 1 based on the findings and conclusions of the Summary Report. 005 G:\WPDOCS\CCReso-COA\EmbassyCC DDA-Reso.wpd.doc City Council Resolution 2003- Disposition and Development Agreement Bison Hotel Group Adopted: January 7, 2003 3. The Agreement, a copy of which is on file with the Agency Secretary, is hereby approved. The City Council consents to the Agency's authorization and direction to its Executive Director and Agency Counsel to make final modifications to the Agreement that are consistent with the substantive terms of the Agreement approved hereby, and to thereafter sign the Agreement on behalf of the Agency. 4. The City Council consents to the Agency's authorization and direction to its Executive Director to (i) sign such other and further documents, including but not limited to Subordination Agreements and escrow instructions that require the Agency's signature, and (ii) take such other and further actions, as may be necessary and proper to carry out the terms of the Agreement. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of La Quinta held this 7th day of January, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, 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 1.90 G:\WPDOCS\CCReso-COA\EmbassyCC DDA-Resompd.doc T4ht 4 a vQ" COUNCIL/RDA MEETING DATE: January 7, 2003 ITEM TITLE: Public Hearing to Certify a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2002-466 Regarding the Approval and Construction of 149 Senior Affordable Detached Houses and 36 Single Family Market Rate Dwelling Units on Approximately 32 Acres Located at the Northeast Corner of Avenue 48 and Adams Street AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council Certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2002-466. •R. None. None. MR X_4*001 111CMIA a, An Environmental Assessment has been prepared for the approval and construction of 149 senior affordable detached houses and 36 single family market rate dwelling units on approximately 32 acres. The senior project proposes single story units with two and three bedroom floor plans. The development will be accessed from Avenue 48 and is planned to have a gated entry to the interior private streets. This access is intended to be left -in as well as left - out. There will be emergency access between the Affordable Site and the Market Rate site to provide the secondary access for emergencies through each. The houses are accessed directly from the private streets and from motor court drives shared by four to six houses. The project will have a recreation facility near the project entry that will G:\WPDOCS\CC Stf Rpts\EADC-TC48&Adams.wpd 191 include a pool and Recreation Building with about 15 parking spaces. The houses all have two car garages and two patio areas, one in the front and one on the side. The project will be walled on the property edge and along Avenue 48 frontage. The Market Rate project will be single story units averaging 2,400 square feet on 10,000 square foot lots. There will be two base models with the potential for casitas additions on each allowing for four model types. Access will be from Avenue 48 through a gated entry. The entry would only be a left in with no left out. The interior streets will be private with emergency access through the affordable site. Parking will be provided on the private streets. The houses will be arranged around motor court drives. Those houses on the street will have front patio areas. All houses will have rear yard areas. Each house will have two or three garage parking spaces. Limited guest parking will be available in the courts and on long driveways. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council Certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2002-466; or 2. Do not adopt a Resolution of the City Council Certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2002-466; or 2. Provide staff with alternative direction. Respectfully subn/iitted, Jcrrry Herm n Cmmunity Development Director Approved for submission by: 2, Thomas P. Genovese, City Manager/ Executive Director OV'2 19z G:\WPDOCS\CC Stf Rpts\EADC-TC48&Adams.wpd RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A DEVELOPMENT AT THE NORTHEAST CORNER OF AVENUE 48 AND ADAMS STREET ENVIRONMENTAL ASSESSMENT 2001-466 CITY OF LA QUINTA / RGC COURTHOMES, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 7th day of January, 2003, hold duly noticed Public Hearing for Environmental Assessment 2002-466, for a project located at the northeast corner of Avenue 48 and Adams Street, more particularly described as follows: Assessor's Parcel Number 649-030-069 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 2002-466) and has determined that although the proposed development 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 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 certify said Environmental Assessment: The proposed Development 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 2002-466. 2. The proposed Development 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, 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 193 wildlife depends. P:\CC Reso & COA\DDA-48-adm-ccreso.wpd 003 City Council Resolution 2003-_ Environmental Assessment 2002-466 Adopted: January 7, 2003 Page 2 4. The proposed Development 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 Development 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 Development 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 2002-466 and the Environmental Assessment reflects the independent judgment of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitutes the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2002-466 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist on file in the Community Development Department and attached hereto. 3. That Environmental Assessment 2002-466 reflects the independent judgment of the City. 194 004 P:\CC Reso & COA\DDA-48-adm-ccreso.wpd City Council Resolution 2003- Environmental Assessment 2002-466 Adopted: January 7, 2003 Page 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of January, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, 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 19S 005 P:\CC Reso & COA\DDA-48-adm-ccreso.wpd Environmental Checklist Form EA 2002-466 1 . Project Title: A Specific Plan, Site Development Permits, Vesting Tentative Tract Maps, and Disposition and Development Agreement for a market rate and affordable single family housing project. 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Jerry Herman, 760-777-7125 4. Project Location: Northeast corner of Adams Street and Avenue 48. 5. Project Sponsor's Name and Address: City of La Quinta RGC CourtHomes, Inc. 78-495 Calle Tampico 101 Shipyard Way, Suite G La Quinta, CA 92253 Newport Beach, CA 92663 6. General Plan Designation: HDR High Density up to 16 du/ac 7. Zoning: Regional Commercial (CR) 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.) A Specific Plan, two Vesting Tentative tract Maps, two Site Development Permits, and a Disposition and Development Agreement to allow the construction of 149 senior affordable detached houses averaging 1238 sq ft on individual lots on approximately 20 acres, and 36 single family market rate dwelling units on approximately 12 acres. The senior project proposes single story units with 2 and 3 bedroom floor plans. The development will be accessed from Avenue 48 and is planned to have a gated entry to the interior private streets. This access is intended to be left -in as well as left -out. There will be emergency access between the Affordable Site and the Market Rate site to provide the secondary access for emergencies through each. The houses are accessed directly from the private streets and from motor court drives shared by 4 to 6 houses (Typical). There is an existing CVWD well site on the Southeast corner of the site. Another CVWD well site is proposed at the Northwest corner of the site. The project will have a recreation facility near the project entry that will include a pool and Recreation Building with about 15 parking spaces. The houses all have 2 car garages and 2 patio areas, one in the front and one on the side. G:\Mydata\WPDOCS\env info\DDA-48-adm-check1ist.wpd 006 196 There are no rear or side yards to speak of. The usable yard is the front patio area. There will be some sizable front setbacks from the main streets to provide extra landscape treatment. The houses are to be typically separated by only 6 feet. Parking is provided on the private streets and the current plan shows about 100 spaces in parking cutouts and parallel conditions. There are three retention areas planned and all of them are expected to double as open spaces areas. The retention ponds will pick up water from Avenue 48 and some from the Market Rate site. In addition there is a small open space near the center of the project for passive recreation uses. The project will be walled on the property edge and will be fenced along the Avenue 48 frontage. It is expected that the domestic water will be looped from a connection on Avenue 48 through the Market Rate site to Adams. The dirt to create the fill needed for this site will come from the Market Rate site. It is expected that the site will be raised 3 to 5 feet. The other utilities will come from Avenue 48 or the closest connection point. The Market Rate project will be 36 detached houses averaging 2400 sq. ft. on 10,000 sq. ft. lots. There will be two base models with the potential for casitas additions on each allowing for 4 model types. Access will be from Avenue 48 through a gated entry. The entry would only be a left in with no left out. The interior streets will be private with emergency access through the affordable site. Parking will be provided on the private streets. Current plans show approximately 63 spaces in parallel cut-out areas. There is one retention area at the corner of Avenue 48 and Adams. It will double as a passive recreation area and as corner landscape open space. The project will be walled with exterior perimeter landscaped. The houses will be arranged around motor court drives. Those houses on the street will have front patio areas. All houses will have rear yard areas. Each house will have 2 or 3 garage parking spaces. Limited guest parking will be available in the courts and on long driveways 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. North: Vacant desert lands which is developed with a retail center including a Super Wal-mart, and 200 apartment project. South: Rancho La Quinta Country Club which is developed with Low Density Single Family Residential units and golf West: Lake La Quinta Residential development which is developed with Single Family Residential units. East: Vacant desert lands 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) 197 The La Quinta Redevelopment Agency DDA (� G:\Mydata\WPDOCS\env info\DDA-48-adm-check1ist.wpd 007 7 2 Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Hazards and Hazardous Materials Public Services Agriculture Resources Hydrology and Water Quality Recreation Air Quality Land Use Planning Transportation/Traffic Biological Resources Mineral Resources Utilities and Service Systems Cultural Resources Noise Mandatory Findings Geology and Soils Population and Housing Determination (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. 11M I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. u 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. 07 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. IN i natur Date G:JIIVlydata\WPDOCS\env info\DDA-48-adm-check1ist.wpd 0O8 3 T�j 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 b) the mitigation measure identified, if any, to reduce the impact to less than significance. G:\Mydata\WPDOCS\env info\DDA-48-adm-check1ist.wpd 19,9 4 009 Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? (General Plan EIR p. III-159 ff.) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (General Plan EIR p. III-159 ff.) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials) AGRICULTURAL RESOURCES:. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (General Plan EIR p. III-21 ff.) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) 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) G:\Mydata\WPDOCS\env info\DDA-48-adm-checklist.wpd Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 9 0 X X 0 91 X X 2na o'.o Issues (and Supporting Information Sources) (Cont.): c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook) d) Expose sensitive receptors to substantial pollutant concentrations? (Project Description) e) Create objectionable odors affecting a substantial number of people? (Project Description) Iv. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Master Environmental Assessment p. 74 ff.) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Master Environmental Assessment p. 74 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. 74 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. 74 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 p. 74 ff.) G:\Mydata\WPDOCS\env info\DDA-48-adm-check1ist.wpd 6 Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact x x x x x x x x x 011 201 VI Issues (and Supporting Information Sources) (Cont.): 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? ("A Phase II Archaeological Study for the 50 acre site...," prepared by ARCHAEOLOGICAL ADVISORY GROUP, June 1999) 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)? ("A Phase II Archaeological Study for the 50 acre site...," prepared by ARCHAEOLOGICAL ADVISORY GROUP, June 1999) c) Disturb or destroy a unique paleontological resource or site? (Master Environmental Assessment, Exhibit 5.9) d) Disturb any human remains, including those interred outside of formal cemeteries? 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 p. III-61 ff.) ii) Strong seismic ground shaking? (General Plan EIR p. III-61 ff.) iii) Seismic -related ground failure, including liquefaction? (General Plan EIR p. III-61 ff.) iv) Landslides? (General Plan MEA p. 96 ff) b) Result in substantial soil erosion or the loss of topsoil? (General Plan MEA p. 96 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 MEA p. 96 ff) G:\Mydata\WPDOCS\env info\DDA-48-adm-checklist.wpd 7 Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact x x x x x x x x 2o2 012 Issues (and Supporting Information Sources) (Cont.): 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 MEA p. 96 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? (General Plan MEA p. 96 ff) vll. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Application Materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (Application Materials) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application Materials d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 94 ff) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) Potentially Significant Impact Potentially Significant Unless Mitigated Less Than Significant Impact No Impact x x x x x x x x x x vill. HYDROLOGY AND WATER QUALITY : Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (General Plan EIR x p. III-87 ff.) 203 G:\Mydata\WPDOCS\env info\DDA-48-adm-check1ist.wpd 8 (111.3 Issues (and Supporting Information Sources) (Cont.): b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (General Plan EIR p. III-87 ff.) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (General Plan EIR p. III-87 ff.) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or off -site? (General Plan EIR p. III-87 ff.) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (General Plan EIR p. III-87 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 Exhibit 6.5) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.5) Ix. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Project Description) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (General Plan p. 18 ff.) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment p. 73 ff.) G:\Mydata\WPDOCS\env info\DDA-48-adm-checklist.wpd 9 Potentially Significant Impact Potentially Significant Unless Mitigated Less Than Significant Impact No Impact X x x x x x x x n14 204 X. XI XII Issues (and Supporting Information Sources) (Cont.): MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan MEA p. 110 ff.) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (General Plan MEA p. 110 ff.) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. 110 ff.) d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Master Environmental Assessment) e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (General Plan land use map) POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff.) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application Materials) GAMydata\WPDOCS\env info\DDA-48-adm-check1ist.wpd 10 Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X 051 KI X 051 X K9 0 X Issues (and Supporting Information Sources) (Cont.): c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application Materials) XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 46 ff.) Police protection? (General Plan MEA, p. 46 ff.) Schools? (General Plan MEA, p. 46 ff.) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, p. 46 ff.) XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application Materials) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application Materials) XV. TRANSPORTATION/TRAFFIC: Would the project: a► Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) G:\Mydata\WPDOCS\env info\DDA-48-adm-checklist.wpd 11 Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X X X X X KI X X 01- 6 206 Issues (and Supporting Information Sources) (Cont.): 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, p. III-29 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, p. III-29 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, p. 46 ff.) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 46 ff.) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 46 ff.) d► Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 46 ff.) e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 46 ff.) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 46 ff.) Potentially Significant Impact Potentially Significant Unless Mitigated Less Than Significant Impact No Impact X X X X X X X X X X X 017 207 G:\Mydata\WPDOCS\env info\DDA-48-adm-checklist.wpd 12 Issues (and Supporting Information Sources) (Cont.): XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII. EARLIER ANALYSIS. Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X 91 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. nts G:\Mydata\WPDOCS\env info\DDA-48-adm-check1ist.wpd 13 SOURCES: Master Environmental Assessment, City of La Quinta General Plan 2002. SCAQMD CEQA Handbook. General Plan, City of La Quinta, 2002. City of La Quinta Municipal Code "A Phase 11 Archaeological Study for the 50 acre site owned by the La Quinta Redevelopment Agency Located on the Northeast Corner of Avenue 48th and Adams Street," prepared by Archaeological Advisory Group, June 1999. 209 019 G:\Mydata\WPDOCS\env info\DDA-48-adm-checklist.wpd 14 Addendum for Environmental Assessment 2002- 466 I. d) The proposed project proposes single story buildings with parking around the buildings. The project is also designed to include recreational open space and retention basins on the western and southern property lines, which will provide separation between the parking lot and driveways and the single family residential units. Parking lots and driveways will be lit as required by the Development Code. The applicant will be required to meet the City's standards, which require that no light spill onto adjacent properties. These standards, and the project design, will lower potential impacts to a less than significant level. III. a) The proposed project will generate air pollution primarily from the operation of motor vehicles. The 149 senior affordable detached houses and 36 detached single family units could generate approximately 140 trips per day'. (Senior housing generates a lower trip rate than family housing.) Based on this trip generation, the project at buildout will generate the following pollutants. Moving Exhaust Emission Projections at Project Buildout (pounds per day) Total No. Vehicle Trips/day Avg. Trip Total Length (miles) miles/day 140 x 6 = 840 Pollutant ROC CO NOx PM10 Exhaust PM10 Tire Wear PM10 Break Wear Grams at 45 mph 84.00 1,873.20 336.00 8.40 8.40 Pounds at 45 mph 0.19 4.14 0.74 0.02 0.02 Daily Threshold* 75 550 100 150 Based California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75°F, light duty autos, catalytic. *Operational thresholds provided by SCAQMD for assistance in determining the significance of a project and the need for an EIR. The proposed project will not exceed any threshold for the generation of moving emissions, as established by the South Coast Air Quality Management District in determining the need for an EIR. The impacts to air quality relating to chemical pollution are not expected to be significant. Institute of Transportation Engineers, "Trip Generation, 6th Edition," for category 251, Elderly Housing - detached, and category 210, single family - detached . 210 U�0 G:\Mydata\WPDOCS\env info\DDA-48-adm-addendum.wpd 1 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 PM 10, the City has imposed standards and requirements on development to control dust. The applicant will be required to submit a PM 10 Management Plan prior to initiation of any earth moving activity at the site. In addition, the potential impacts associated with PM 10 can be mitigated by the mitigation measures below. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Cut and fill quantities will be balanced on site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on -going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. The recreational open space landscaping on the east side of the property, as well as the perimeter landscaping on Avenue 48 and Adams Street, shall be installed with the construction of the first building(s) on the site. 8. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 9. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. With the implementation of these mitigation measures, the impacts to air quality from buildout will not be significant. IV. a) The property is located in the Coachella Valley Fringe -Toed Lizard Fee 211 G:\Mydata\WPDOCS\env info\DDA-48-adm-addendum.wpd 2 021 Mitigation Area. No other species has been identified for this area. V. b) Phase II cultural resource survey was conducted for the subject property2. The The Phase II analysis, however, determined that none of the remaining cultural resources identified on the study area can be demonstrated to be unique or significant under CEQA or Section 106 of the National Historic Pres Act, archaeological monitoring of rough grading and major (e.g. sewer) trenching is recommended should preservation prove unfeasible. Because the test program only sampled the cultural resources present there is still a potential for as yet undiscovered significant resources, as well as human cremation interments to be present. Monitoring should be conducted by, or under the direct supervision of, a Registered Professional Archaeologist (RPA), or equivalent. VI. a) i) & ii) The proposed project lies in a Zone III groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. Structures on the site will be required to meet the City's standards for construction, which include Uniform Building Code requirements for seismic zones. The City Engineer will require the preparation of site -specific geotechnical analysis in conjunction with the submittal of grading plans. This requirement will ensure that impacts from ground shaking are reduced to a less than significant level. VI. b) The subject property is subject to severe wind erosion hazards. The City Engineer will require the preparation of PM 10 Management Plan to control the potential for blowing dust from the project site. In addition, the mitigation measures listed under Air Quality, above, will mitigate the potential impacts of soil erosion to a less than significant level. VIII. b) Domestic water is provided by the Coachella Valley Water District from wells in the Lower Thermal sub -basin. The project proponent will be required to implement the City's standards for water conserving plumbing fixtures and on -site retention, which both aid in reducing the potential impacts associated with groundwater. The proposed project will also meet the requirements of the City's water -conserving landscaping ordinance. These standards will reduce potential impacts to a less than significant level. "A Phase II Archaeological Study for a 50 acre site Located on the Northeast Corner of Avenue 48`h and Adams Street," prepared by Archaeological Advisory Group, June 1999. 212 022 G:\Mydata\WPDOCS\env info\DDA-48-adm-addendum.wpd 3 VIII. c)&d) The construction of buildings and parking lots will result in less land being available for the percolation of water into the ground. The project has been designed to include two retention basins within the southern section of the recreational open space on the site. The City Engineer will require that these retention basins retain the 100 year 24 hour storm on -site. This will control the amount of runoff which exits the site during a storm. The project's drainage plan will be reviewed and approved by the City Engineer prior to the issuance of grading permits. These standards will reduce the potential impacts associated with surface water to a less than significant level. XI. a) The proposed project occurs in an area with lower levels of traffic, which are not expected to exceed the City's noise standards at buildout of the General Plan. Further, the project will be surrounded by a wall, which will reduce interior noise levels. Finally, the buildings proposed within the project site are a minimum of 25 feet from the wall. This distance will provide further noise attenuation. XI. c) The construction of the proposed project will result in temporary high noise levels which could impact residential development to the south and west. In order to reduce these potential impacts, the following mitigation measures shall be implemented: 1. All internal combustion equipment operating within 500 feet of any occupied residential unit shall be fitted with properly operating mufflers and air intake silencers. 2. All stationary construction equipment (e.g. generators and compressors) shall be located in the northeast corner of the site. 3. Construction activities shall be limited to the hours prescribed in the La Quinta Municipal Code. XIII. a) The proposed project will have an impact on public services and will be served by the County Sheriff and Fire Department, under City contract. Site development will generate property tax which will offset the costs of added police and fire services. The project will be required to participate in the City's Impact Fee Program, which helps to offset roadway improvement costs. Site development is not expected to have a significant impact on municipal services or facilities. 213 n23 G:\Mydata\WPDOCS\env info\DDA-48-adm-addendum.wpd 4 ►n El ka O � d z x A U W d W E-� Q A zA Q W U a W ox U U � Q � a 0 HM czo a a O � o_ o bD tb C � O by � z L � Lir V] CA Cd . ��. Vi cr oCA U o U En +� o U 0 U x c as �' z~ m c -In cn U U U w Ll U Ca a1 a� c� O L I- 0 CO CA O En En 00 a cq5 -� Z -� -- cz a 3 Y W E� a A U � zA aw ax �W ox U U a a w cb � o c 0 c 0 N N N Q � � Z U U U Y _ O cn O O i•��I O� �o 0 zz cd cz w to on th o =o :2 as as � c � o z a � � o a �� t a 0 H�a r o 14 Ln GJ z o 025 21S 0 T4'T 4 etP Q" COUNCIL/RDA MEETING DATE: January 7, 2003 ITEM TITLE: Joint Public Hearing for Consideration of an Affordable Housing Agreement by and Between the La Quinta Redevelopment Agency and Santa Rosa Development, Inc., a California Corporation, for the Sale and Development of 20.04 Acres of Agency Property Located Northeast of the Intersection of Avenue 48 and Adams Street in La Quinta Project Area No. 2 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 5 Adopt a Resolution of the City Council approving the Affordable Housing Agreement and consenting to the Agency's authorization and direction to execute the necessary documents. The Affordable Housing Agreement ("Agreement") will result in expenditure of $7,800,000 in housing funds; $800,000 will be expended after the Agreement is executed for costs related to securing development entitlements. These expenditures will be made from funds the Agency currently has on hand. The additional $7,000,000 required to fund homebuyer second trust deed loans (anticipated to be needed no earlier than 14 months after the Agreement is executed) will be derived from the sale of housing bonds. The Agency's underwriter indicates a capacity to issue up to $22.0 million in tax-exempt bonds to fund affordable housing activities. The bonds can be structured and sold well in advance of the time second trust deed loans must be funded to facilitate unit sales. None. In 1995, the Agency purchased an approximately 50.0 acre parcel located northeast of the Avenue 48/Adams Street intersection to reserve property for future affordable housing development. Subsequently, .5 acres was transferred to the Coachella Valley Water District in 1999, to satisfy well site requirements related to the development of the Miraflores affordable housing development; 14 acres were transferred to the A.G. Spanos Corporation in February 2000, for the development of a 200 unit apartment G:\WPDOCS\CC Stf Rpts\48thAdamsCCStfRpt.wpd 21 community that includes 20 affordable units; 11 .9 acres is the subject of a separate agreement for purchase and sale and escrow instructions for the development of 36 market rate units; and the disposition of the remaining 20.04 acres is the subject of this action. Santa Rosa Development, Inc. ("Developer") first contacted the Agency in May 1998, regarding their interest in developing both affordable and market rate housing on the 50-acre parcel. The Agency delayed moving forward with their request until a majority of the dwellings in the Miraflores community (located at Avenue 48 and Jefferson Street) were sold. This occurred in March 2002; the Agency then entered into negotiations with the Developer to determine if a mutually acceptable transaction could be consummated. Negotiations concluded in August 2002, and the Agreement was subsequently drafted. The Agreement facilitates the sale of the 20.04-acre parcel to the Developer and the subsequent development of 149 one and two bedroom single story court homes ranging from 1 ,1 75 to 1,300 square feet in size. The average home price will be $177,320. The home sales will be restricted to moderate -income homebuyers (defined as households earning from 81 % to 120% of the Riverside County median income) aged 55 years and older. Approximately 22,500 square feet of the 20.04 acre parcel will be partially improved, and transferred to the Coachella Valley Water District for a well site. This requirement will result in the Developer retaining 19.5 acres of the 20.04-acre Property for the Development. Per the Agreement, the Developer will have up to 180 days after the Agreement is executed to prepare and process the entitlements and tract map required for Property development. The Agency will provide up to $800,000 during this period to underwrite costs associated with these activities. Upon receiving the entitlements, the Agreement provides that the Agency will sell and transfer the Property to the Developer for $1 .00. Once the homes receive a certificate of occupancy from the City of La Quinta, the Agency will provide up to $7,000,000 in assistance to fund homebuyer silent second trust deed loans. The Agreement provides the latitude to fund second trust deed loans that range from $23,000 to $67,000 per homebuyer. This latitude is being provided to afford the greatest number of moderate -income households the opportunity to purchase these units. Agency staff will work with the Developer to qualify prospective homebuyers to insure that homebuyers requiring the largest mortgage amounts are not the only ones funded, thus exhausting the funds allocated for second trust deed loans before all of the units are sold. The second trust deed loans will also feature covenants that require the dwellings to remain affordable to moderate -income households for 45 years. Further, unlike past Agency second trust deed loans, the affordability covenants will not afford the homeowner the option to sell their dwelling at prevailing market values and release the unit from the affordability covenant. Instead, the homeowner must sell their dwelling to either another qualified buyer (a moderate income household that is 55 years or 217 older), or if a qualified household cannot be found, as a last resort to the Agency. .. QC12 G:\WPDOCS\CC Stf Rpts\48thAdamsCCStfRpt.wpd Accompanying the Resolution is a Summary Report that further details this transaction. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the Affordable Housing Agreement and consenting to the Agency's authorization and direction to execute the necessary documents; or 2. Do not approve the Resolution of the City Council approving the Affordable Housing Agreement; or 3. Provide staff with alternative direction. Respectfully submitted, -ry Herman mmunity Development Director Approved for submission: Thomas P. Genovese, City Manager Attachments: 1 . Summary Report 2. Affordable Housing Agreement 418 003 G:\WPDOCS\CC Stf Rpts\48thAdamsCCStfRpt.wpd RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AN AFFORDABLE HOUSING AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND SANTA ROSA DEVELOPMENT, INC. FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF AVENUE 48 AND ADAMS STREET AFFORDABLE HOUSING AGREEMENT SANTA ROSA DEVELOPMENT, INC. WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law ("Health & Safety Code § 33000 et seq.) ("CRL"); and WHEREAS, pursuant to the CRL, the City Council of the City of La Quinta ("City" or "City Council," as applicable) approved and adopted the Redevelopment Plan ("Redevelopment Plan") for Project Area No. 2 ("Project Area"), on May 16, 1989, by Ordinance No. 139; and WHEREAS, a fundamental purpose of the CRL is to expand the supply of low- and moderate -income housing (Health & Saf. Code, § 33071); and WHEREAS, the Agency staff has negotiated an Affordable Housing Agreement ("Agreement") with Santa Rosa Development, Inc., a California corporation ("Developer"), pursuant to which (i) the Agency is to convey to the Developer certain real property located within the Project Area ("Property") for One Dollar ($1 .00) for the Developer's subsequent development thereon of One Hundred Forty -Nine (149) single family homes for sale to senior citizens who are at least 55 years of age and who are also "persons and families of moderate income" (i.e., persons and families whose income does not exceed 120% of the median income for Riverside County, adjusted for family size) (the "Project"); (ii) the Agency is to reimburse the Developer, in an amount up to but not exceeding Eight Hundred Thousand Dollars ($800,000), from the Agency's Low and Moderate Income Housing Tax Increment Fund ("Housing Fund"), for engineering, architectural and planning costs and building permit fees incurred in planning and developing the Project (the "Development Assistance"); and (iii) the Agency is to provide second trust deed assistance to qualified buyers of units in the Project in an amount not to exceed, collectively, Seven Million Dollars ($7,000,000), from the Agency's Housing Fund (the "Homebuyer Assistance"), all as more particular described in the Agreement; and WHEREAS, pursuant to the Agreement, Developer, as a condition to Agency's provision of the Development Assistance and the Homebuyer Assistance, shall record against the Property a Declaration of Covenants, Conditions, and Restrictions for Property that requires each qualified buyer of a home in the Project to G:\WPDOCS\CCReso-COA\48thAdamsCC-AFA.wpd.doc 21 eJ G(-14 City Council Resolution 2003- Affordable Housing Agreement Santa Rosa Development, Inc. Adopted: January 7, 2003 execute a complete set of affordable housing documents ("Buyer Affordable Housing Documents") to assure the affordability of the home to qualified buyers for a period of forty-five (45) years from the date the home is first sold (the "Affordability Period"); and WHEREAS, the Buyer Affordable Housing Documents include a note and a deed of trust, which note shall be cancelled and deed of trust reconveyed at the expiration of the Affordability Period, unless the buyer transfers the home or otherwise commits any act, in violation of the terms and conditions of the Buyer Affordable Housing Documents; and WHEREAS, the Agreement requires the Developer to execute and record against the Property an Option Agreement, which permits the Agency to reacquire the Property in the event the Developer fails to commence or complete construction of the Project within certain specified timeframes, interrupts construction of the Project for a specified period of time, or transfers the Property in violation of the Agreement, all as more particularly described in the Agreement; and WHEREAS, Health and Safety Code Section 33433 requires that the Agency prepare a Summary Report to consider the Agency's proposed financial contribution to the Project as set forth in the Agreement, that the Agency Board and the City Council conduct a noticed joint public hearing with respect to the Agreement, and that the approval of the Agreement be accompanied by certain findings and determinations as set forth herein; and WHEREAS, a Summary Report for the Agreement has been prepared and the joint public hearing has been conducted in accordance with applicable requirements of law; and WHEREAS, the City Council and the Redevelopment Agency have considered all the information and evidence set forth in the Summary Report presented by the City/Agency staff and presented by persons wishing to appear and be heard concerning the impact of the Agreement on the Project Area and the City as a whole; and WHEREAS, the Agreement is in accordance with the Redevelopment Plan and is of benefit to the Project Area and the City of La Quinta; and WHEREAS, the City Council hereby determines that the Agency's financial contribution pursuant to the Agreement is necessary to effectuate the purposes of the Redevelopment Plan; G:\WPDOCS\CCReso-COA\48thAdamsCC-AFA.wpd.doc n A 005 City Council Resolution 2003- Affordable Housing Agreement Santa Rosa Development, Inc. Adopted: January 7, 2003 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: 1 . That the above recitals are true and correct and incorporated herein. 2. That the City Council resolves as follows: a. The Agreement effectuates the purposes of the Community Redevelopment Law (Health & Safety Code § 33000 et seq.) and of the Redevelopment Plan and is in the best interests of the citizens of the City of La Quinta. b. The Agency's sale of the real property identified herein will provide housing for moderate income persons and is consistent with the Agency's Five -Year Implementation Plan, based on the findings and conclusions of the Summary Report, which is incorporated herein. C. The consideration the Developer will pay for the real property to be conveyed by the Agency is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale, based on the findings and conclusions of the Summary Report. 3. The Agreement, a copy of which is on file with the Agency Secretary, is hereby approved. The City Council consents to the Agency's authorization and direction to its Executive Director and Agency Counsel to make final modifications to the Agreement that are consistent with the substantive terms of the Agreement approved hereby, and to thereafter sign the Agreement on behalf of the Agency. 4. The City Council consents to the Agency's authorization and direction to its Executive Director to (i) sign such other and further documents, including, but not limited to subordination agreements and escrow instructions that require the Agency's signature, and (ii) take such other and further actions, as may be necessary and proper to carry out the terms of the Agreement. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of La Quinta, California, held this 7th day of January, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 221 006 G:\WPDOCS\CCReso-COA\48thAdamsCC-AFA.wpd.doc City Council Resolution 2003- Affordable Housing Agreement Santa Rosa Development, Inc. Adopted: January 7, 2003 DON ADOLPH, 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 00-7 2?� G:\WPDOCS\CCReso-COA\48thAdamsCC-AFA.wpd.doc ATTACHMENT #1 SUMMARY REPORT FOR THE AFFORDABLE HOUSING AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND SANTA ROSA DEVELOPMENT, INC December 24, 2002 INTRODUCTION This document is the Summary Report ("Report") for the Affordable Housing Agreement ("Agreement") by and between the La Quinta Redevelopment Agency ("Agency") and Santa Rosa Development, Inc., a development partnership comprised of Desert Cities Development and the RecreActions Group of Companies (RGC) ("Developer"). The Agreement facilitates the sale of a 20.04-acre Agency -owned parcel ("Property") to the Developer who will construct and sell 149 single-family dwellings that will be affordable to moderate -income households aged 55 years and older ("Development"). This Report has been prepared pursuant to Section 33433 of the California Health and Safety Code (the California Community Redevelopment Law or "Law") and addresses the following: • A summary of the proposed Development. • The cost of the Agreement to the Agency. • The estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the Agency's Redevelopment Plan. • The estimated value of the interest to be conveyed determined at the use with the conditions, covenants, and development costs required by the Agreement. • An explanation of why the sale of property pursuant to the Agreement will assist in the elimination of blight. • Conformance with the Agency's Five Year Implementation Plan. THE DEVELOPMENT The Agency purchased the Property in 1995, in order to reserve land for affordable housing development. The Property was part of a larger 50 acre parcel; .5 acres was transferred to the Coachella Valley Water District in 1999, to satisfy well site requirements related to the development of the Miraflores affordable housing development; 14 acres were transferred to the A.G. Spanos Corporation in February 2000, for the development of a 200 unit apartment community that includes 20 affordable units; 11 .9 acres is proposed to be sold to the Developer at market value for the development of 36 market rate single family dwellings; and the disposition of the remaining 20.04 acres is the subject of this Report. G:\WPDOCS\Documents\SumRpt48thAdamsAFA.wpd.doc 223 0n9 The Developer first contacted the Agency in May 1998, regarding their interest in developing both affordable and market rate housing on the 50-acre parcel. The Agency delayed moving forward with their request until a majority of the dwellings in the Miraflores community (located east of the Property at Avenue 48 and Jefferson Street) were sold. This occurred in March 2002; the Agency subsequently entered into negotiations with the Developer to determine if a mutually acceptable transaction could be consummated. Negotiations concluded in August 2002, and the Agreement was subsequently drafted. In order to insure compatibility with the surrounding single-family neighborhoods the Developer proposes a development program that locates market rate homes adjacent to the existing single-family neighborhoods located west of Adams Street and south of Avenue 48, and affordable homes on a larger square shaped segment of the Property located east of the market rate homes. The market rate units will be three and four -bedroom 36 single story homes that will be priced from $265,000 to $360,000. The affordable component entails 149 one and two bedroom single story court homes ranging from 1,175 to 1,300 square feet in size. The average home price will be $177,320. The home sales will be restricted to buyers aged 55 years and older who have moderate household incomes (defined as households earning from 81 % to 120% of the Riverside County median income). The Property includes a 22,500 square foot section that will be parcelized, partially improved, and transferred to the Coachella Valley Water District for a well site. This requirement will result in the Developer retaining 19.5 acres of the 20.04-acre Property for the Development. Per the Agreement the Developer will have up to 180 days after the Agreement is executed to prepare and process the entitlements and tract map required for Property development. The Agency will provide up to $800,000 during this period to underwrite costs associated with these activities. Upon receiving the entitlements, the Agreement provides that the Agency will sell and transfer the Property to the Developer for $1 .00. Once the homes receive a certificate of occupancy from the City of La Quinta, the Agency will provide up to $7,000,000 in assistance to fund homebuyer silent second trust deed loans. The Agreement provides the latitude to fund second trust deed loans that range from $23,000 to $67,000 per homebuyer. This latitude is being provided to afford the greatest number of moderate -income households the opportunity to purchase these units. Agency staff will work with the Developer to qualify prospective homebuyers to insure that homebuyers requiring the largest mortgage amounts are not the only ones funded, thus exhausting the funds allocated for second trust deed loans before all of the units are sold. The second trust deed loans will also feature covenants that require the dwellings to remain affordable to moderate -income households for 45 years. Further, unlike past Agency second trust deed loans, the affordability covenants will not afford the homeowner the option to sell their dwelling at prevailing market values and release the G:\WPDOCS\Documents\SumRpt48thAdamsAFA.wpd.doc ,214 01 . 0 unit from the affordability covenant. Instead, the homeowner must sell their dwelling to either another qualified buyer (a moderate income households that is 55 years or older), or if a qualified household cannot be found, as a last resort to the Agency. THE COST OF THE AGREEMENT TO THE AGENCY The Agreement obligates the Agency to fund a total of $8,886,138 or $59,638 per unit to obtain 149 affordable for sale housing units. These costs are as follows: • Property Purchase Costs - $1,086,138 • The Property cost the Agency $1,086,139; $764,887 in land acquisition costs and $321,252 in interest carry costs associated with the bond proceeds used to acquire the Property. The Agency purchased the larger 50-acre parcel in 1995 for $1,909,300. The Property's pro rata share of the total purchase cost is $764,887. 1995 Housing Bond proceeds were used to fund this purchase, which feature a blended interest rate of 6%. The interest expense associated with the $764,887 purchase cost is $321,252. Per the Agreement the Developer will purchase the Property for $1 .00, leaving $1,086,138 in land acquisition and interest carry costs that the Agency must fund to obtain the affordable units. • Entitlement and Municipal Fee Costs - $800,000 Prior to transferring the Property to the Developer, the Agency will fund the costs associated with planning, engineering and environmental studies, and municipal and building permit fees. The draw schedule for these funds is as follows: • $250,000 upon executing the Agreement to reimburse the Developer for funds they expended to plan and replan this project since 1998 (including preparing a specific plan and paying over $10,000 in application fees) and to fund some of the costs of revising the specific plan to reflect the new development program; • $200,000 upon filing the entitlements to fund the remaining architectural, engineering, planning, environmental costs, and fees associated with submitting a revised specific plan and tract map; • $200,000 upon receipt of entitlements to fund costs associated with preparing construction drawings and some municipal fee costs; and • $150,000 upon receiving building permits to fund the remaining municipal fee expenses. Homebuyer Second Trust Deed Mortgages — Up to $7,000,000 In order sell the units at costs affordable to moderate income households the Agreement provides that the Agency will fund 149 second trust deed mortgages. The mortgages will cover each dwelling's pro rate share of land ($5,133) and 2�Jr G:\WPDOCS\Documents\SumRpt48thAdamsAFA.wpd.doc entitlement/municipal fee ($5,369) costs, and $12,498 to $56,498 of development costs. The total second trust deed mortgage will range from $23,000 to $67,000 per household, with the average per unit mortgage projected to be $50,000. This range will permit households aged 55 years or older who earn from 81 to 120 percent of the Riverside County median income to purchase these homes. The Agency's Redevelopment Consultant has reviewed and verified the costs associated with the Development. Total development costs are projected to be $26,420,593, which includes a developer profit of 4.46% or $1,228,497. This equates to an average per unit cost of $177,320. The Agency second trust deeds combined with the homebuyer down payments of 3% will reduce the first trust deed mortgage to $1 10,320 to $154,320, a level affordable to moderate income households. ESTIMATED VALUE OF INTEREST TO BE CONVEYED The Agency's Redevelopment Consultant reviewed comparable land sales for property designated for single-family development that was not yet entitled. This review identified per acre land values ranging from $38,660 to $75,000. The Agency is selling the Developer an adjoining parcel for market rate residential development at a per acre price of $67,347. Using this value, the 20.04-acre parcel would have a current market value of $1,349,633. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED, DETERMINED AT THE USE AND WITH THE CONDITIONS, COVENANTS, AND DEVELOPMENT COSTS REQUIRED BY THE AGREEMENT The Agreement requires the Developer to construct 149 dwellings that must be sold at affordable housing costs to moderate -income households. In order achieve affordable housing costs the units must have first trust deed mortgages that range from $1 10,320 to $154,320. Selling the Property for $1 .00, plus providing additional financial assistance to reduce overall development costs, will achieve this. EXPLANATION OF WHY THE SALE OF THE PROPERTY PURSUANT TO THE AGREEMENT WILL ASSIST IN THE ELIMINATION OF BLIGHT California Redevelopment Law identifies the provision of affordable housing as a fundamental purpose of redevelopment. The Property conveyance and construction of the Development will eliminate blighted conditions by facilitating the development of dwellings that will increase and improve the supply of affordable housing within La Quinta Redevelopment Project Area No. 2. Per the Second Five Year Implementation Plan, the Agency has an obligation to facilitate the production of over 1,500 affordable units by 2004. In order to accomplish this task the Agency must provide incentives to private developers and non-profit organizations to construct units that will generate less than market value returns. The Property conveyance and the Development will further the Agency's efforts to promote affordable housing development within Project Area No 2. 2'?fi G:\WPDOCS\Documents\SumRpt48thAdamsAFA.wpd.doc 012 CONFORMANCE WITH THE AGENCY'S FIVE YEAR IMPLEMENTATION PLAN The Second Five Year Implementation Plan and the Second Amended Housing Affordability Plan identifies a combination of market rate and affordable housing development for the Property. The conveyance of the Property and the subsequent development of affordable housing conform to the provisions of both these Plans. A copy of the proposed Agreement is attached to this Report and is available for review at the Community Development Department located at the La Quinta City Hall. The proposed Agreement will be the subject of a joint public hearing to be conducted by the Agency and City Council on January 7, 2003, at 7:00 p.m. in the Council Chambers, which are located at the La Quinta City Hall, 78-495 Calle Tampico, La Quinta, California. 0 __ 3 G:\WPDOCS\Documents\SumRpt48thAdamsAFA.wpd.doc T4'yl 4 4 Q" COUNCIL/RDA MEETING DATE: January 7, 2003 ITEM TITLE: Joint Public Hearing for Consideration of an Agreement for Purchase and Sale and Escrow Instructions by and Between the La Quinta Redevelopment Agency and Santa Rosa Development, Inc., a California Corporation, for the Sale of 11.9 Acres of Agency Property Located Northeast of the Intersection of Avenue 48 and Adams Street in La Quinta Project Area No. 2 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the Agreement for Purchase and Sale and Escrow Instructions and consenting to the Agency's authorization and direction to execute the necessary documents. FISCAL IMPLICATIONS: The Agreement for Purchase and Sale and Escrow Instructions ("Agreement") will result in the receipt of $801,358 at the close of escrow. These funds will be deposited into the Agency's Low and Moderate Income Housing Fund and allocated to other affordable housing initiatives. None. In 1995, the Agency purchased an approximately 50.0 acre parcel located northeast of the Avenue 48/Adams Street intersection to reserve property for future affordable housing development. Subsequently, .5 acres was transferred to the Coachella Valley Water District in 1999 to satisfy well site requirements related to the development of the Miraflores affordable housing development; 14 acres were transferred to the A.G. Spanos Corporation in February 2000, for the development of a 200 unit apartment community that includes 20 affordable units; 20.04 acres is the subject of a separate affordable housing agreement for the development of 149 affordable housing units; and the disposition of the remaining 11.9 acres is the subject of this action. Santa Rosa Development, Inc. ("Developer") first contacted the Agency in May 1998, regarding their interest in developing both affordable and market rate housing on the 50-acre parcel. The Agency delayed moving forward with their request until a majority 2?8 G:\WPDOCS\CC Stf Rpts\48thAdamsCCMrktRateStfRpt.wpd of the dwellings in the Miraflores community (located at Avenue 48 and Jefferson Street) were sold. This occurred in March 2002; the Agency then entered into negotiations with the Developer to determine if a mutually acceptable transaction could be consummated. Negotiations concluded in August 2002, and the Agreement was subsequently drafted. In order to insure compatibility with the surrounding single-family neighborhoods the Developer proposes a development program that locates market rate homes adjacent to the existing single-family neighborhoods located west of Adams Street and south of Avenue 48. The development program entails 36 single story homes that will be priced from $265,000 to $360,000. If the Agreement is approved, the Developer will have 60 days to conduct due diligence activities and 180 days to prepare and process the entitlements and tract map required for development. Upon receiving the entitlements the Developer will then purchase the Property for $801,358. The 50.0-acre parcel was purchased with proceeds from the Agency's 1995 Housing Bonds. Pursuant to Federal statutes, the property sale proceeds must be used to either redeem outstanding 1995 Housing Bonds or be pledged to another affordable housing project. Staff recommends that when the $801,358 of property sale proceeds is received they be designated to fund a portion of the Agency's costs associated with the Affordable Housing Agreement between the Agency and Santa Rosa Development, Inc. Said agreement facilitates the development of 149 for -sale units affordable to moderate -income households. Accompanying the Resolution is a Summary Report that further details this transaction. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council approving the Agreement for Purchase and Sale and Escrow Instructions and consenting to the Agency's authorization and direction to execute the necessary documents; or 2. Do not approve the Resolution of the City Council approving the Agreement for Purchase and Sale and Escrow Instructions; or 3. Provide staff with alternative direction. Rgspectfully sftmitted, Jiry Htrman immunity Development Director A,p.Rrov d for submission: Thomas P. Genovese, City Manager Attachments: 1 . Summary Report �9 2. Agreement for Purchase and Sale and Escrow Instructions'; G:\WPDOCS\CC Stf Rpts\48thAdamsCCMrktRateStfRpt.wpd RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND SANTA ROSA DEVELOPMENT, INC. FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF AVENUE 48 AND ADAMS STREET PURCHASE AND SALE AGREEMENT SANTA ROSA DEVELOPMENT, INC. WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law ("Health & Safety Code § 33000 et seq.) ("CRL"); and WHEREAS, pursuant to the CRL, the City Council of the City of La Quinta ("City" or "City Council," as applicable) approved and adopted the Redevelopment Plan ("Redevelopment Plan") for Project Area No. 2 ("Project Area"), on May 16, 1989, by Ordinance No. 139; and WHEREAS, the Agency staff has negotiated an Agreement for Purchase and Sale and Escrow Instructions ("Agreement") with Santa Rosa Development, Inc., a California corporation ("Developer"), pursuant to which the Agency is to convey to the Developer certain real property located within the Project Area (the "Property") for Eight Hundred One Thousand Three Hundred Fifty -Eight Dollars ($801,358.00) for the Developer's subsequent development thereon of Thirty -Six (36) single family homes (the "Project"), all as more particularly described in the Agreement; and WHEREAS, the Agreement requires the Developer to execute and record against the Property an Option Agreement, which permits the Agency to reacquire the Property in the event the Developer fails to commence or complete construction of the Project within certain specified time frames, interrupts construction of the Project for a specified period of time, or transfers the Property in violation of the Agreement, all as more particularly described in the Agreement; and WHEREAS, Health and Safety Code Section 33433 requires that the Agency prepare a Summary Report to consider the Agency's proposed sale of the Property as set forth in the Agreement, that the Agency Board and the City Council conduct a noticed joint public hearing with respect to the Agreement, and that the approval of the Agreement be accompanied by certain findings and determinations as set forth herein; and WHEREAS, a Summary Report for the Agreement has been prepared and the joint public hearing has been conducted in accordance with applicable requirements of law; and r G:\WPDOCS\CCReso-COA\48thAdamsCCMrktRate.wpd.doc City Council Resolution 2003- Purchase and Sale Agreement Santa Rosa Development, Inc. Adopted: January 7, 2003 WHEREAS, the City Council and the Redevelopment Agency have considered all the information and evidence set forth in the Summary Report presented by the City/Agency staff and presented by persons wishing to appear and be heard concerning the impact of the Agreement on the Project Area and the City as a whole; and WHEREAS, the Agreement is in accordance with the Redevelopment Plan and is of benefit to the Project Area and the City of La Quinta; and WHEREAS, the City Council hereby determines that the Agency's sale of the Property pursuant to the Agreement is necessary to effectuate the purposes of the Redevelopment Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA AS FOLLOWS: 1 . That the above recitals are true and correct and incorporated herein. 2. That the City Council of the City of La Quinta hereby resolves as follows: a. The Agreement effectuates the purposes of the Community Redevelopment Law (Health & Safety Code § 33000 et seq.) and of the Redevelopment Plan and is in the best interests of the citizens of the City of La Quinta. b. The Agency's sale of the real property identified herein will eliminate blight and is consistent with the Agency's Five -Year Implementation Plan, based on the findings and conclusions of the Summary Report, which is incorporated herein. C. The consideration the Developer will pay for the Property is not less than the fair market value of the Property at its highest and best use in accordance with the Redevelopment Plan, based on the findings and conclusions of the Summary Report. 3. The Agreement, a copy of which is on file with the Agency Secretary, is hereby approved. The City Council consents to the Agency's authorization and direction to its Executive Director and Agency Counsel to make final modifications to the Agreement that are consistent with the substantive terms of the Agreement approved hereby, and to thereafter sign the Agreement on behalf of the Agency. 4. The City Council consents to the Agency's authorization and direction to its Executive Director to (i) sign such other and further documents, including but not limited to subordination agreements and escrow instructions that require the Agency's signature, and (ii) take such other and further actions, as may be necessary and proper to carry out the terms of the Agreement. G:\WPDOCS\CCReso-COA\48thAdamsCCMrktRate.wpd.doc City Council Resolution 2003- Purchase and Sale Agreement Santa Rosa Development, Inc. Adopted: January 7, 2003 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of La Quinta held this 7th day of January, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, 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\48thAdamsCCMrktRate.wpd.doc